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02-0119
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION In Re: ERIKA L. SWARTZENTRUBER No. 21-2002-119 PETITION TO TRANSFER CASE TO CENTRE COUNTY Now comes, Waypoint Bank, N.A., Trustee of the Special Needs Trust for the Benefit of Erika L. Swartzentruber dated March 24, 2000, and also Trustee of the Irrevocable Trust for the benefit of Erika L. Swartzentruber dated March 24, 2000, and moves the Court for an order transferring this case to the Court of Common Pleas of Centre County, Pennsylvania, and in support thereof avers: 1. Erika L. Swartzentruber resides at Apartment 1201, 447 West Clinton Avenue, State College, Pennsylvania 16803 and has resided in Centre County for several years. 2. It is in the best interests of Erika L. Swartzentruber to transfer this matter to her home county. WHEREFORE, Movant requests that this matter be-transferred to the Court of Common Pleas of Centre County. Dated: Respectfully submitted, Fredrick Farber, Esquire 110 Regent Court, Suite 202 State College PA 16801 Telephone (814) 238-0760 Attorney ID No. 17043 VERIFICATION I, Daniel J. Madio, Trust Officer of Waypoint Bank, verify that the statements made in the foregoing Petition to Transfer Case to Centre County are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsifications to authorities. WAYPOINT BANK Trust Officer IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS ' COURT DIVISION In Re: ERIKA L. SWARTZENTRUBER No. 21-2002-119 CERTIFICATE OF SERVICE I, Fredrick Farber, Esquire, hereby certify that a true and correct copy of the foregoing Petition to Transfer Case to Centre County was serviced upon the following by certified mail, return receipt requested, postage prepaid, on the /~ day of '-3-~,"-' ~- , 2004. MS. Erika L. Swartzentruber 447 West Clinton Avenue, Apt. 1201 State College PA 16803 Dated: earlck Farber, Esquire 110 Regent Court, Suite 202 State College PA 16801 Telephone (814) 238-0760 Attorney ID No. 17043 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. ORPHANS' COURT DIVISION SECOND ACCOUNT FOR THE IRREVOCABLE TRUST ESTABLISHED UNDER AGREEMENT DATED MARCH 24, 2000 OF ERIKA L. SWARTZENTRUBER STATED BY WAYPOINT BANK, SUCCESSOR TRUSTEE Tax ID Number: Date of Agreement: Date of First Receipt of Funds: Accounting for the period: 03/24/00 01/01/02 to 04/30/04 Purpose of Account: The Trustee offers this Account to acquaint interested parties with the transactions that have occurred during the Administration. It is important that the Account be carefully examined. Requests for additional information, questions or objections can be discussed with: Waypoint Bank, N.A. 235 North Second Street Harrisburg, PA 17105 Tel: (717) 909-6217 TOTAL GROSS ESTATE SUMMARY OF ACCOUNT $ 134,269.11 PRINCIPAL Receipts Net Gain on Sales or Disposition Less Disbursements: Administration Exp. Balance before Distributions Principal Balance on Hand For Information: Investments Made Changes in Holdings INCOME Receipts Less Disbursements Balance before Distributions Distributions to Beneficiaries Income Balance on Hand For Information: Investments Made PAGES 3-4 5-7 8-10 11-12 13-16 17-18 19-24 25 26 27 28 $ 6,781.18 $ 129,395.78 1,248.17 $ 130,643.95 -6,781.18 $ 123,862.77 $ 123,862.77 $ 4,873.33 -715.59 $ 4,157.74 -240.39 $ 3,917.35 COMBINED BALANCE ON HAND $ 127,780.12 PRINCIPAL RECEIPTS Prior Award: Received of Community Trust Company, Trustee under the Irrevocable Trust under Agreement dated March 24, 2000 of Erika L. Swartzentruber. Award per Adjudication dated March 5, 2002 of George E. Hoffer, P.J. upon the First and Final Account and Statement of Proposed Distribution of said Trustee, consisting of: Commerce Bank Federated Gov't Obligations Fd #395 1,890.26 57,000.00 SUBSEQUENT RECEIPTS 12/06/02 Long Term Capital Gains Distribution on Royce Low Priced Stock Fd Inv #266 12/19/02 Short Term Capital Gains Distribution on T. Rowe Price Mid-Cap Value #115 12/19/02 Long Term Capital Gains Distribution on T. Rowe Price Mid-Cap Value #115 12/30/02 Long Term Capital Gains Distribution on Berger Small Cap Value Fd Inv #120 12/31/02 Short Term Capital Gains Distribution on Harbor International Fund #11 12/31/02 Long Term Capital Gains Distribution on Harbor International Fund #11 01/02/03 Long Term Capital Gains Distribution on Brown Cap Mgmt Sm Company-In #39 01/13/03 2002 12bl Fees for Dreyfus International Value Fund #254 01/14/03 2002 12bl Fee for Dreyfus Emerging Mkt Fd #327 FORWARD $ 58,890.26 .94 1.84 1.38 18.17 1.35 15.63 .01 .45 .18 $ 58,930.21 - 3 - PRINCIPAL RECEIPTS (cont'd) FORWARD $ 58,930.21 SUBSEQUENT RECEIPTS (cont'd) 10/20/03 A1 Life Insurance Co. - First Annuitized Payout from Final Personal Injury Settlement 12/10/03 Long Term Capital Gains Distribution on Royce Low Priced Stock Fd Inv #266 12/30/03 Short Term Capital Gains Distribution on T. Rowe Price Mid-Cap Value Fd #115 12/30/03 Long Term Capital Gains Distribution on T. Rowe Price Mid-Cap Value Fd #115 01/14/04 Short Term Capital Gains Distribution on Harbor International Fund #11 01/14/04 Long Term Capital Gains Distribution on Harbor International Fund #11 01/16/04 Long Term Capital Gains Distribution on Vanguard Interm Trm Bd Index Fd #314 01/16/04 Long Term Capital Gains Distribution on Vanguard Interm Trm Bd Index Fd #314 04/06/04 Long Term Capital Gains Distribution on Vanguard Interm Trm Bd Index Fd #314 70,000.00 2.86 7.28 10.19 1.32 17.54 6.13 373.76 46.49 TOTAL PRINCIPAL RECEIPTS $ 129,395.78 PRINCIPAL GAINS OR LOSSES ON SALES OR OTHER DISPOSITIONS GAIN LOSS 09/17/02 11.748 Shs. Vanguard Interm Trm Bd Index Fd #314 Net Proceeds 124.29 Acquisition Value 120.65 $ 11/15/02 11 Fd .528 Shs. Vanguard Interm Trm Bd Index #314 Net Proceeds 121.39 Acquisition Value 118.39 12/17/02 118.256 Shs. Vanguard Interm Trm Bd Index Fd #314 Net Proceeds 1,244.05 Acquisition Value 1,214.49 12/18/02 20.562 Shs. White Oak Growth Fund #328 Net Proceeds 502.95 Acquisition Value 551.69 12/19/02 26.568 Shs. Weitz Ser Value Portfolio #328 Net Proceeds 738.32 Acquisition Value 728.24 01/29/03 13.949 Shs. Legg Mason Value Trust Fund #294 Net Proceeds 566.89 Acquisition Value 551.69 03/17/03 17.968 Shs. Vanguard Interm Trm Bd Index Fd #314 Net Proceeds 194.77 Acquisition Value 184.53 04/01/03 60.397 Shs. SIT Developing Mkts Growth Fd #011 Net Proceeds 410.70 Acquisition Value 489.58 04/04/03 404.578 Shs. Pimco RCM Mid Cap Fund-N Net Proceeds 748.47 Acquisition Value 728.24 FORWARD 3.64 3.00 29.56 10.08 15.20 10.24 20.23 91.95 48.74 78.88 127.62 PRINCIPAL GAINS OR LOSSES ON SAL~ OR OTHER DISPOSITIONS (cont'd) FORWARD $ 09/02/03 16 Shs. Dreyfus Emerging Markets Fd Net Proceeds 226.56 Acquisition Value 197.12 12/16/03 22.183 Shs. Janus Growth & Income Fund #4O Net Proceeds 619.34 Acquisition Value 551.69 12/16/03 1.43 Shs. Janus Growth & Income Fund #40 Net Proceeds 39.93 Acquisition Value 34.27 12/16/03 18.987 Shs. Janus Invt Fd Small Cap Value Fd Net Proceeds 565.62 Acquisition Value 485.49 12/16/03 1.574 Shs. Janus Invt Fd Small Cap Value Fd Net Proceeds 46.89 Acquisition Value 36.38 12/16/03 0.801 Shs. Janus Invt Fd Small Cap Value Fd Net Proceeds 23.86 Acquisition Value 18.17 01/09/04 54.056 Shs. Babson UMB Scout Worldwide Fund #429 Net Proceeds 1,147.61 Acquisition Value 910.30 01/09/04 4.312 Shs. Babson UMB Scout Worldwide Fund #429 Net Proceeds 91.54 Acquisition Value 68.64 FORWARD GAIN 91.95 $ 29.44 67.65 5.66 80.13 10.51 5.69 237.31 22.90 551.24 $ LOSS 127.62 127.62 PRINCIPAL GAINS OR LOSSES ON SALES OR OTHER DISPOSITIONS (cont'd) FORWARD $ 01/09/04 38.531 Shs. SIT Small Cap Growth Fund #010 Net Proceeds 1,001.03 Acquisition Value 728.24 02/25/04 69.308 Shs. Gabelli Westwood Equity AAA Fd #704 Net Proceeds 629.31 Acquisition Value 551.69 02/25/04 5.536 Shs. Gabelli Westwood Equity A3%A Fd #704 Net Proceeds 50.27 Acquisition Value 41.91 02/25/04 398.936 Shs. Pimco Rcm Mid Cap Fund-I Net Proceeds 985.37 Acquisition Value 750.00 03/02/04 49.729 Shs. Vanguard Emging Mkts Stck Index #533 Net Proceeds 629.88 Acquisition Value 430.32 03/02/04 6.473 Shs. Vanguard Emging Mkts Stck Index #533 Net Proceeds 81.99 Acquisition Value 51.14 GAIN 551.24 $ 272.79 77.62 8.36 235.37 199.56 30.85 LOSS 127.62 TOTALS $ 1,375.79 $ 127.62 NET GAIN TRANSFERRED TO SUMMARY $ 1,248.17 ADMINISTRATION EXPENSES Community Trust 01/22/02 02/21/02 03/15/02 04/03/02 05/15/02 Company Waypoint 07/08/02 08/06/02 09/06/02 10/08/02 11/06/02 12/06/02 01/07/03 02/03/03 03/06/03 04/08/03 05/20/03 06/26/03 07/23/03 08/12/03 09/16/03 Bank - Fees DISBURSEMENTS OF PRINCIPAL - Trustee Fees 75.46 75.47 75.43 72.35 72.31 $ FORWARD 62.50 62.50 62.50 62.50 62.50 62.50 62.50 62.50 104.17 104.17 125.00 125.00 125.00 208.33 208.33 1, 5oo.oo $ 371.02 371.02 - 8 - DISBURSEMENTS OF PRINCIPAL (cont'd) FORWARD $ 1,500.00 $ ADMINISTRATION EXPENSES (cont'd) Waypoint Bank - Fees (cont'd) 10/16/03 208.33 11/14/03 208.33 12/15/03 208.33 01/27/04 208.33 02/17/04 208.33 03/15/04 208.33 04/15/04 208.33 03/20/02 Community Trust Company - 2001 Fiduciary Income Tax Preparation Fee 03/20/02 Keefer Wood Allen & Rahal, LLP - Professional Services for Preparation and Filing of First and Final Account 03/20/02 Keefer Wood Allen & Rahal, LLP - Disbursements 03/27/02 Gates, Halbruner & Hatch, P.C. Legal Fees Pertaining to the Creation, Funding and Protection of the Trust 05/15/02 Transfers from Principal to Income for Period 1/1/02 - 5/16/02 FORWARD 371.02 2,958.31 140.00 480.00 185.00 2,320.34 162.00 6,616.67 DISBURSEMENTS OF PRINCIPAL (cont'd) FORWARD $ ADMINISTRATION EXPENSES (cont'd) 04/06/04 United States Treasury - Fiduciary Income Tax 04/06/04 Pennsylvania Dept. of Revenue - Fiduciary Income Tax 04/08/04 United States Treasury - Fiduciary Income Tax 04/08/04 Pennsylvania Dept. of Revenue - Fiduciary Income Tax 6,616.67 19.40 61.11 20.00 64.00 $ 6,781.18 TOTAL DISBURSEMENTS OF PRINCIPAL 6,781.18 10 - PRINCIPAL BALANCE ON HAND VALUE AT 04/30/2004 FIDUCIARY ACQUISITION VALUE Mutual Funds 25.705 Shs. American Centy 20th Cent Ultra #22 21.781 Shs. Brown Cap Mgmt Sm Company-In #39 43.026 Shs. Dreyfus Emerging Markets Fd 75.457 Shs. Dreyfus International Val Fd 53.003 Shs. Fidelity Div Int'l Fd 34.378 Shs. Harbor International Fund #11 11.808 Shs. Legg Mason Navigator Value Tr #1347 8.489 Shs. Managers Special Equity Fund #153 16.955 Shs. Muhlenkamp Fund #433 43.75 Shs. Northern Growth Equity Fund 47.167 Shs. Royce Low Priced Stock Fd Inv #266 21.113 Shs. Selected American Shares #205 64.349 Shs. T. Rowe Price Emg Mkts Stock Fd #tll 49.409 Shs. T. Rowe Price Mid-Cap Value #115 200.168 Shs. Vanguard Growth Index Tr #9 3,103.421 Shs. Vanguard Interm Trm Bd Index Fd #314 699.43 621.19 737.04 1,289.56 1,318.18 1,264.77 724.78 665.03 1,088.00 637.00 675.90 713.83 999.34 1,032.65 4,978.18 32,616.95 562.82 485.49 486.41 1,024.61 981.30 993.26 515.54 485.49 774.48 551.69 489.29 551.69 682.39 764.51 4,094.27 31,889.96 FORWARD 50,061.83 $ 45,333.20 11 - PRINCIPAL BALANCE ON ~IkND (cont ' d) FORWARD $ 50,061.83 $ Mutual Funds (cont'd) 272.284 Shs. Vanguard Value Index Fund #06 Dividend Cash Equivalents SEI Money Market Fund #32 5,135.28 74,289.73 45,333.20 TOTAL PRINCIPAL BALANCE ON HAND 4,239.84 74,289.73 $ 129,486.84 $ 123,862.77 $ 129,486.84 $ 123,862.77 12 - 07/16/02 07/16/02 07/16/02 07/16/02 07/16/02 07/16/02 07/16/02 PRINCIPAL INVESTMENTS MADE 54.056 Shs. Babson UMB Scout Worldwide Fund #429 18.987 Shs. Berger Small Cap Value Fd Inv #120 21.781 Shs. Brown Cap Mgmt Sm Company-In #39 34.929 Shs. Dreyfus Emerging Markets Fd 66.156 Shs. Dreyfus International Val Fd 48.941 Shs. Fidelity Div Int'l Fd 69.308 Shs. Gabelli Westwood Equity AAA Fd #704 07/16/02 31.52 Shs. Harbor International Fund #11 07/16/02 22.183 Shs. Janus Growth & Income Fund #4O 07/16/02 13.949 Shs. Legg Mason Value Trust Fund #294 07/16/02 8.489 Shs. Managers Special Equity Fund #153 07/16/02 07/16/02 07/16/02 15.911 Shs. Muhlenkamp Fund #433 43.75 Shs. Northern Growth Equity Fund 404.578 Shs. Pimco RCM Mid Cap Fund-N 07/16/02 46.862 Shs. Royce Low Priced Stock Fd Inv #266 07/16/02 21.113 Shs. Selected American Shares #205 07/16/02 52.223 Shs. SIT Developing Mkts Growth Fd #011 07/16/02 38.531 Shs. SIT Small Cap Growth Fund #010 910.30 485.49 485.49 430.32 910.30 910.30 551.69 910.30 551.69 551.69 485.49 728.24 551.69 728.24 485.49 551.69 430.32 728.24 13 - 07/16/02 07/16/02 07/16/02 07/16/02 07/16/02 07/16/02 07/16/02 12/06/02 PRINCIPAL INVESTMENTS MADE (cont'd) 38.014 Shs. T. Rowe Price Emg Mkts Stock Fd #111 49.729 Shs. Vanguard Emging Mkts Stck Index #533 195.318 Shs. Vanguard Growth Index Tr #9 3,223.139 Shs. Vanguard Interm Trm Bd Index Fd #314 256.042 Shs. Vanguard Value Index Fund #06 26.568 Shs. Weitz Ser Value Portfolio #328 20.562 Shs. White Oak Growth Fund #328 0.096 Shs. Royce Low Priced Stock Fd Inv #266 12/17/02 24.485 Shs. American Centy 20th Cent Ultra #22 12/17/02 45.962 Shs. T. Rowe Price Mid-Cap Value #115 12/19/02 0.123 Shs. T. Rowe Price Mid-Cap Value #115 12/19/02 0.092 Shs. T. Rowe Price Mid-Cap Value #115 12/30/02 0.801 Shs. Berger Small Cap Value Fd Inv #120 12/31/02 0.051 Shs. Harbor International Fund #11 12/31/02 0.585 Shs. Harbor International Fund #11 01/06/03 1.22 Shs. American Centy 20th Cent Ultra #22 01/06/03 4.312 Shs. Babson UMB Scout Worldwide Fund #429 430.32 430.32 3,994.26 33,101.64 3,994.26 728.24 551.69 0.94 536.23 707.82 1.84 1.38 18.17 1.35 15.63 26.59 68.64 14 PRINCIPAL INVESTMENTS MADE (cont'd) 01/06/03 1.574 Shs. Berger Small Cap Value Fd Inv #120 01/06/03 3.827 Shs. Dreyfus Emerging Markets Fd 01/06/03 9.301 Shs. Dreyfus International Val Fd 01/06/03 4.062 Shs. Fidelity Div Int'l Fd 01/06/03 5.536 Shs. Gabelli Westwood Equity AAA Fd #704 01/06/03 1.706 Shs. Harbor International Fund #11 01/06/03 1.43 Shs. Janus Growth & Income Fund #40 01/06/03 1.044 Shs. Muhlenkamp Fund #433 01/06/03 8.174 Shs. SIT Developing Mkts Growth Fd #011 01/06/03 4.018 Shs. T. Rowe Price Emg Mkts Stock Fd #111 01/06/03 2.339 Shs. T. Rowe Price Mid-Cap Value #115 01/06/03 6.473 Shs. Vanguard Emging Mkts Stck Index #533 01/06/03 4.85 Shs. Vanguard Growth Index Tr #9 01/06/03 16.242 Shs. Vanguard Value Index Fund #O6 01/30/03 11.808 Shs. Legg Mason Navigator Vlaue Tr #1347 04/01/03 04/01/03 04/04/03 12/10/03 22.317 Shs. T. Rowe Price Emg Mkts Stock Fd #111 20.27 Shs. Dreyfus Emerging Markets Fd 398.936 Shs. Pimco Rcm Mid Cap Fund-I 0.209 Shs. Royce Low Priced Stock Fd Inv #266 36.38 43.21 114.31 71.00 41.91 47.12 34.27 46.24 59.26 42.07 36.00 51.14 100.01 245.58 515.54 210.00 210.00 750.00 2.86 - 15 - PRINCIPAL INVESTMENTS MADE (cont'd) 12/30/03 0.372 Shs. T. Rowe Price Mid-Cap Value #115 12/30/03 0.521 Shs. T. Rowe Price Mid-Cap Value #115 01/14/04 0.036 Shs. Harbor International Fund #11 01/14/04 0.48 Shs. Harbor International Fund #11 01/16/04 0.573 Shs. Vanguard Interm Trm Bd Index Fd #314 01/16/04 34.964 Shs. Vanguard Interm Trm Bd Index Fd #314 04/06/04 4.245 Shs. Vanguard Interm Trm Bd Index Fd #314 04/30/04 SEI Money Market Fund #32 TOTAL PRINCIPAL INVESTMENTS MADE $ 7.28 10.19 1.32 17.54 6.13 373.76 46.49 74,289.73 $ 133,405.63 - 16 - 07/16/02 12/30/02 01/06/03 04/18/03 CHANGES IN PRINCIPAL HOLDINGS Berqer Small Cap Value Fd Inv #120 18.987 Shs. Invested 0.801 Shs. Invested 19.788 Shs. 1.574 Shs. Invested 21.362 Shs. 21.362 Shs. Del'd due to name change to Janus Invt Fd Small Cap Value Fd 0 Shs. Account Value 485.49 18.17 503.66 36.38 $ 540.04 -540.04 $ 0.00 04/18/03 12/16/03 Janus Invt Fd Small Cap Value Fd 21.362 Shs. Rec'd through name change from Berger Small Cap Value Fd Inv #120 0.801 Shs. Sold 20.561 Shs. 12/16/03 1.574 Shs. Sold 18.987 Shs. 12/16/03 18.987 Shs. Sold 0 Shs. 540.04 -18.17 $ 521.87 -36.38 $ 485.49 -485.49 $ o.oo 12/17/02 12/19/02 12/19/02 01/06/03 T. Rowe Price Mid-Cap Value ~llK 45.962 Shs. Invested 0.092 Shs. Capital Gains Reinvestment 46.054 Shs. 0.123 Shs. Capital Gains Reinvestment 46.177 Shs. 2.339 Shs. Invested 48.516 Shs. 707.82 1.38 $ 709.20 1.84 $ 711.04 36.00 $ 747.04 - 17 - 12/30/03 12/30/03 CHANGES IN PRINCIPAL HOLDINGS (cont'd) T. Rowe Price Mid-CaD Value #115 0.521 Shs. Invested 49.037 Shs. 0.372 Shs. Invested 49.409 Shs. (cont'd) Account Value $ 10.19 $ 757.23 7.28 $ 764.51 - 18 - RECEIPTS OF INCOME Prior Award: Received of Community Trust Company, Trustee under the Irrevocable Trust under Agreement dated March 24, 2000 of Erika L. Swartzentruber. Award per Adjudication dated March 5, 2002 of George E. Hoffer, P.J. upon the First and Final Account and Statement of Proposed Distribution of said Trustee, consisting of: 01/01/02 Commerce Bank American Centy 20th Cent Ultra ~22 02/06/04 Dividend 25.705 Shs. $ 0.19 02/06/04 Return of Mutual Fund Revenue 12/31/03 0.47 Babson UMB Scout Worldwide Fund ~429 12/23/02 Dividend 54.056 Shs. $ 3.65 10/28/03 Dividend 58.368 Shs. 6.69 Berqer Small CaD Value Fd Inv #120 12/30/02 Dividend 18.987 Shs. Commerce Bank 01/31/02 Interest 02/28/02 Interest 03/31/02 Interest 04/30/02 Interest 05/31/02 Interest Dreyfus Emerqinq Markets Fd 12/31/02 Dividend 34.929 Shs. 01/06/04 Dividend 43.026 Shs. 02/06/04 Dividend 43.026 Shs. 02/06/04 Return of Mutual Fund Revenue 12/31/03 Dreyfus International Val Fd 12/05/02 Dividend 66.156 Shs. 12/15/03 Dividend 75.457 Shs. FORWARD $ 0.66 0.59 3.28 13.85 7.27 $ 3.32 4.57 0.66 0.45 $ 11.11 11.54 710.91 .66 10.34 .49 25.65 9.00 $ 22.65 $ 757.05 19 RECEIPTS OF INCOME (cont'd) FORWARD $ 22.65 $ 757.05 Dreyfus International Val Fd (cont'd) 02/06/04 Dividend 75.457 Shs. 02/06/04 Return of Mutual Fund Revenue 12/31/03 Federated Gov't Obliqations Fd #395 01/31/02 Interest 02/28/02 Interest 03/31/02 Interest Fidelity Div Int'l Fd 12/16/02 12/16/03 01/05/04 Dividend 48.941 Shs. Dividend 53.003 Shs. Dividend 53.003 Shs. Gabelli Westwood Equity AAA Fd #704 12/23/02 Dividend 69.308 Shs. 12/30/03 Dividend 74.844 Shs. Harbor International Fund #1] 12/31/02 Dividend 31.52 Shs. 01/05/04 Dividend 33.862 Shs. 01/07/04 Dividend 33.862 Shs. Janus Growth & Income Fund #40 10/02/02 Dividend 22.183 Shs. 12/16/02 Dividend 22.183 Shs. 04/07/03 Dividend 23.613 Shs. 08/28/03 Dividend 23.613 Shs. 12/18/03 Dividend 23.613 Shs. 01/21/04 Dividend 23.613 Shs. Janus Invt Fd Small Cap Value Fd 12/18/03 Dividend 21.362 Shs. FORWARD 1.14 0.68 $ 80.41 68.67 60.63 $ 6.36 15.37 0.53 $ 5.79 8.05 $ 10.59 17.13 5.79 $ 1.11 1.44 1.18 0.94 1.04 0.57 24.47 209.71 22.26 13.84 33.51 6.28 2.54 1,069.66 - 20 - RECEIPTS OF INCOME (cont'd) FORWARD 1,069.66 Money Market Fund 06/03/02 Interest 06/03/02 Interest 07/01/02 Interest 07/01/02 Interest 08/01/02 Interest 08/01/02 Interest 09/03/02 Interest 09/03/02 Interest 10/01/02 Interest 10/01/02 Interest 11/01/02 Interest 11/01/02 Interest 12/02/02 Interest 12/02/02 Interest 01/02/03 Interest 01/02/03 Interest 02/03/03 Interest 02/03/03 Interest 03/03/03 Interest 03/03/03 Interest 04/01/03 Interest 04/01/03 Interest 05/01/03 Interest 05/01/03 Interest 06/17/03 Interest 06/17/03 Interest 07/02/03 Interest 07/02/03 Interest 08/04/03 Interest 08/04/03 Interest 09/03/03 Interest 09/03/03 Interest 10/02/03 Interest 10/02/03 Interest 11/04/03 Interest 11/04/03 Interest 12/02/03 Interest 12/02/03 Interest 01/05/04 Interest 01/05/04 Interest 02/03/04 Interest 02/03/04 Interest FORWARD 0 46 30 55 1 20 76 69 1 31 38 67 1.37 0.71 1.45 0.68 1.70 0.72 1.56 0.61 1.14 1.56 1.66 0.86 1.54 0.57 1.68 0.60 0.55 1.62 0.50 1 75 0 36 1 71 0 24 1 80 0 06 1.84 0.07 2.29 2.10 20.18 54.92 2.17 58.01 2.46 59.13 2.65 381.70 $ 1,069.66 - 21 - RECEIPTS OF INCOME FORWARD Money Market Fund (cont 'd) 03/02/04 Interest 03/02/04 Interest 04/02/04 Interest 04/02/04 Interest Northern Growth Equity Fund 09/30/02 12/20/02 03/25/03 08/28/03 01/07/04 03/29/04 Dividend 43.75 Shs. Dividend 43.75 Shs. Dividend 43.75 Shs. Dividend 43.75 Shs. Dividend 43.75 Shs. Dividend 43.75 Shs. Royce Low Priced Stock Fd Inv 0266 02/06/04 Dividend 47.167 Shs. Selected American Shares 0205 12/13/02 Dividend 21.113 Shs. 12/11/03 Dividend 21.113 Shs. T. Rowe Price Emq Mkts Stock Fd 0111 12/19/02 Dividend 38.014 Shs. T. Rowe Price Mid-Cap Value 0115 12/19/02 Dividend 45.962 Shs. 01/07/04 Dividend 49.409 Shs. Vanquard 12/23/02 12/26/03 Emqinq Mkts Stck Index 053q Dividend 49.729 Shs. Dividend 56.202 Shs. Vanquard 09/30/02 12/30/02 Growth Index Tr 09 Dividend 195.318 Shs. Dividend 195.318 Shs. FORWAR]D (cont'd) $ 381.70 $ 1,069.66 55.63 2.66 59.51 2.91 $ 0.38 0.74 0.59 0.16 0.14 0.09 $ 4.22 4.52 $ 5.51 6.31 $ 6.07 9.67 $ 11.72 13.09 502.41 2.10 .08 8.74 .76 11.82 15.74 $ 24.81 $ 1,611.31 - 22 - RECEIPTS OF INCOME (cont'd) FORWARD $ 24.81 $ 1,611.31 Vanquard Growth Index Tr #9 (cont'd) 03/31/03 07/24/03 12/31/03 Ol/3O/O4 03/31/04 Dividend 200.168 Shs. Dividend 200.168 Shs. Dividend 200.168 Shs. Dividend 200.168 Shs. Dividend 200.168 Shs. Vanguard 08/02/02 09/04/02 10/02/02 11/04/02 12/02/02 01/02/03 02/03/03 03/03/03 04/02/03 05/01/03 06/17/03 07/02/03 08/04/03 09/03/03 10/02/03 11/04/03 12/02/03 01/05/04 02/03/04 03/02/04 04/02/04 Interm Trm Bd Index Fd 0314 Dividend Dividend Dividend Dividend Dividend Dividend Dividend Dividend Dividend Dividend Dividend Dividend Dividend Dividend Dividend Dividend Dividend Dividend Dividend Dividend Dividend 3,223.139 3,223.139 3,211.391 3,211.391 3,199.863 3,081.607 3,081.607 3,081.607 3,063.639 3,063.639 3,063.639 3,063.639 3.063.639 3063.639 3 063.639 3 063.639 3 063.639 3 063.639 3 099.176 3 099.176 3 099.176 Shs Shs Shs Shs Shs Shs Shs Shs Shs. Shs. Shs. Shs. Shs. Shs. Shs. Shs. Shs. Shs. Shs. Shs. Shs. Vanguard 09/30/02 12/30/02 03/31/03 07/24/03 12/31/03 01/30/04 03/31/04 Value Index Fund 006 Dividend 266.042 Shs. Dividend 266.042 Shs. Dividend 282.284 Shs. Dividend 272.284 Shs. Dividend 272.284 Shs. Dividend 272.284 Shs. Dividend 272.284 Shs. FORWA]{D 14.01 8.01 7.21 6.01 8.01 83.25 156.80 150 76 152 00 144 96 147 12 143 48 130 78 141.88 134.19 138.17 132.48 136.47 137.07 134.06 136.02 131.12 136.70 134.93 124.23 132.17 20.48 24.32 19.06 16.34 35.94 29.95 27.23 68.06 2,858.64 173.32 $ 4,711.33 - 23 - RECEIPTS OF INCOME (cont'd) FORWARD Miscellaneous 05/15/02 Transfers from Principal to Income for Period 1/1/02 - 5/16/02 TOTAL RECEIPTS OF INCOME $ 4,711.33 162.00 $ 4,873.33 - 24 - Waypo±nt Bank - Fees 07/08/02 08/06/02 09/06/02 10/08/02 11/06/02 12/06/02 01/07/03 02/03/03 03/06/03 04/08/03 DISBURSEMENTS OF INCOME 62.50 62.50 62.50 62.50 62.50 62.50 62.50 62.50 104.16 104.16 $ 708.32 05/13/02 Community Trust Termination Fee TOTAL DISBURSEMENTS OF Company - INCOME 7.27 $ 715.59 - 25 - DISTRIBUTIONS OF INCOME TO BENEFICIARIES ERIKA L. SWARTZENTRUBER 02/26/02 Adelphia 03/22/02 Adelphia 03/22/02 Adelphia 04/04/02 Adelphia TOTAL DISTRIBUTIONS OF INCOME TO BENEFICIARIES 37.64 121.25 40.75 40.75 $ 240.39 $ 240.39 26 INCOME BALANCE ON HAND Dividend Cash Equivalents SEI Money Market Fund #32 TOTAL INCOME BALANCE ON HAND VALUE AT 04/30/2004 FIDUCIARY ACQUISITION VALUE 3,917.35 $ 3,917.35 3,917.35 $ 3,917.35 3,917.35 $ 3,917.35 - 27 - INCOME INVESTMENTS MADE 04/30/04 SEI Money Market Fund #32 TOTAL INCOME INVESTMENTS MADE 3,917.35 3,917.35 28 - Daniel Madio, Trust Officer with Waypoint Bank, Trustee, hereby declares that Trustee has fully and faithfully discharged the duties as Trustee; that the foregoing account is true and correct and fully discloses all significant transactions occurring during the accounting period. Daniel MadTo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION In Re: ERIKA L. SWARTZENTRUBER No. 21-2002-119 CERTIFICATE OF SERVICE I, Fredrick Farber, Esquire, hereby certify that a true and correct copy of the foregoing Second Account for the Irrevocable Trust Established Under Agreement dated March 24, 2000, of Erika L. Swartzentruber, was serviced upon the following by certified mail, return receipt requested, postage prepaid, on the /~day of ~'-~___ , 2004. Ms. Erika L. Swartzentruber 447 West Clinton Avenue, Apt. 1201 State College PA 16803 Dated: Fredrick Farber, Esquire 110 Regent Court, Suite 202 State College PA 16801 Telephone (814) 238-0760 Attorney ID No. 17043 -2- H ~H IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. ORP~L~NS ' COURT DIVISION -Rc .21- SECOND ACCOUNT FOR THE SPECIAL NEEDS TRUST ESTABLISHED FOR THE BENEFIT OF ERIKA L. SWARTZENTRUBER UNDER AGREEMENT DATED MARCH 24, 2000 OF DEIRDRE ANN FOX AND DALE M. SWARTZENTRUBER STATED BY WAYPOINT BANK, SUCCESSOR TRUSTEE Tax ID Number: Date of Agreement: Date of First Receipt of Funds: Accounting for the period: 03/24/00 01/01/02 to 04/30/04 Purpose of Account: The Trustee offers this Account to acquaint interested parties with the transactions that have occurred during the Administration. It is important that the Account be carefully examined. Requests for additional information, questions or objections can be discussed with: Waypoint Bank, N.A. 235 North Second Street Harrisburg, PA 17105 Tel: (717) 909-6217 - 1 - TOTAL GROSS ESTATE SUMMARY OF ACCOUNT 288,286.04 PRINCIPAL. Receipts Less Disbursements: Administration Exp. Balance before Distributions Distributions to Beneficiaries Principal Balance on Hand For Information: Investments Made INCOME Receipts Less Disbursements Balance before Distributions Distributions to Beneficiaries Income Balance on Hand PAGES 3 4-6 7-19 20 21 22-23 24 25-27 28 $ 29,378.04 $ $ 277,215.52 -29,378.04 247,837.48 -88,254.64 159,582.84 $ 11,070.52 -847.96 $ 10,222.56 -9,900.15 $ 322.41 COMBINED BALANCE ON HAND $ 159,905.25 - 2 - PRINCIPAL RECEIPTS Prior Award: Received of Community Trust Company, Trustee under the Special Needs Trust under Agreement dated March 24, 2000 of Deirdre Ann Fox and Dale M. Swartzentruber for the Benefit of Erika L. Swartzentruber. Award per Adjudication dated March 5, 2002 of George E. Hoffer, P.J. upon the First and Final Account and Statement of Proposed Distribution of said Trustee, consisting of: Other Jackson National Life Insurance Policy 150,000.00 Alliance Capital Reserves Commerce Bank 150,000.00 109,752.69 16,666.49 SUBSEQUENT RECEIPTS 01/08/03 Co~unity Trust Company - Final Settlement of Procter & Gamble 08/15/03 Columbia Gas - Refund 09/12/03 Progressive Insurance - Auto Insurance Refund 04/12/04 Allegheny Power - Refund $ 276,419.18 69.54 89.04 517.00 120.76 TOTAL PRINCIPAL RECEIPTS $ 277,215.52 ADMINISTRATION EXPENSES Lacy Hayes, 10/15/02 ~1/14/o2 03/06/03 07/22/03 DISBURSEMENTS Jr. - Leqal Fees Waypoint 01/22/02 02/21/02 03/15/02 04/03/02 05/15/02 07/08/02 08/06/02 09/06/02 10/08/02 11/06/02 12/06/02 o~/o7/o3 02/06/03 03/06/03 Bank - Fees FORWARD $ OF PRINCIPAL 1,150.00 450.00 550.00 1,650.00 $ 282.87 274.61 271.44 256.55 254.06 83.64 76.73 74.35 73.44 65.22 64.11 63.15 62.90 104.17 2,007.24 $ 3,800.00 3,800.00 DISBURSEMENTS OF PRINCIPAL (cont'd) FORWARD $ 2,007.24 $ ADMINISTRATION EXPENSES (cont'd) Waypoint Bank - Fees (cont'd) 04/08/03 104.17 05/20/03 125.00 06/26/03 125.00 07/23/03 125.00 08/12/03 208.33 09/16/03 208.33 10/16/03 208.33 11/17/03 208.33 12/15/03 208.33 01/27/04 208.33 02/17/04 208.33 03/15/04 208.33 04/15/04 208.33 01/14/02 Overnight Charges for Check Disbursed to Erika 01/18/02 National Planning Corp. Management Fee 02/25/02 UPS Overnight Charge for Distribution to Erika FORWARD 3,800.00 4,361.38 12.35 412.29 10.80 8,596.82 - 5 - DISBURSEMENTS OF PRINCIPAL (cont 'd) FORWARD $ ADMINISTRATION EXPENSES (cont'd) 03/20/02 Community Trust Company - 2001 Fiduciary Income Tax Preparation Fee 03/20/02 Keefer Wood Allen & Rahal, LLP - Professional Services for Preparation and Filing of First and Final Account 03/20/02 Keefer Wood Allen & Rahal, LLP - Disbursements 03/27/02 Gates, Halbruner & Hatch, PC - Legal Fees re: Creation, Funding, and Protection of the Trust 05/16/02 Transfers from Principal to Income 1/1/02 5/15/02 8,596.82 140.00 1,920.00 275.00 9,281.00 9,165.22 $ 29,378.04 TOTAL DISBURSEMENTS OF PRINCIPAL $ 29,378.04 DISTRIBUTIONS OF PRINCIPAL TO m~NEFICIARIES ERISA L. SWARTZENTRUBER 02/06/02 Cruise Holidays of State College - 7 Day Cruise for Erika and her Nurse; Includes Flights, Taxes and Travel Insurance for Period 3/3/02 - 3/10/02 $ 4,880.00 02/13/02 Cash - Spending Money for Vacation 200.00 05/07/02 Cash to Provide Erika with Funds to Reimburse Friends and Mother for Funds Borrowed for Personal and House Expenses Pending Transfer of Trust to Successor Trustee 05/20/02 Adelphia 05/29/02 Columbia Gas 05/29/02 Pheasant Glen - Rent 05/29/02 Lisa Hunsicker - Nursing Care 06/03/02 Adelphia 06/05/02 Jennifer Nadonicek - Massage Therapy 06/05/02 Linda Hanson - Nursing Care 06/05/02 Lisa Hunsicker - Nursing Care 06/06/02 Progressive Auto Insurance 06/10/02 Allegheny Power 06/10/02 Cash Distribution for Gifts 06/12/02 Linda Hanson - Nursing Care 06/18/02 Verizon 06/19/02 Lisa Hunsicker - Nursing Care 06/25/02 Pheasant Glen - Rent FORWARD $ 1,000.00 89.55 49.66 630.00 300.00 39.95 300.00 200.00 300.00 171.62 52.00 1,500.00 200.00 52.01 300.00 630.00 10,894.79 DISTRIBUTIONS OF PRINCIPAL TO BENEFICIARIES FORWARD $ ERIKA L. SWARTZENTRUBER (cont'd) 06/26/02 Linda Hanson - Nursing Care 06/30/02 Jennifer Nadonicek - Massage Therapy 07/01/02 Adelphia 07/03/02 Lisa Hunsicker - Nursing Care 07/05/02 Progressive Auto Insurance 07/08/02 Verizon 07/10/02 Linda Hanson - Nursing Care 07/11/02 Allegheny Power 07/11/02 Adelphia 07/17/02 Lisa Hunsicker - Nursing Care 07/24/02 Linda Hanson - Nursing Care 07/25/02 Columbia Gas 07/25/02 Pheasant Glen - Rent 07/29/02 Jennifer Nadonicek - Massage Therapy 07/29/02 Household Retail Services - Best Buy Account 07/29/02 Adelphia 07/29/02 Craftmatic Bed Purchase 07/31/02 Lisa Hunsicker - 50% Tuition Reimbursement Aug 2001 to June 2002 - Supplemental Compensation FORWARD (cont'd) 10,894.79 200.00 300.00 39.95 300.00 1,168.15 51.92 200.00 54.00 128.59 300.00 200.00 65.51 630.00 300.00 534.16 61.40 3,226.30 2,802.50 21,457.27 DISTRIBUTIONS OF PRINCIPAL TO R~NEFICIARIES (cont'd) FORWARD $ 21,457.27 ERIKA L. SWARTZENTRUBER (cont'd) 07/31/02 Lisa Hunsicker - Nursing Care 08/01/02 Adelphia 08/06/02 Allegheny Power 08/07/02 Linda Hanson - Nursing Care 08/08/02 Verizon 08/14/02 Lisa Hunsicker - Nursing Care 08/21/02 Linda Hanson - Nursing Care 08/23/02 Cash 08/26/02 Cash 08/26/02 Pheasant Glen - Rent 08/27/02 Adelphia 08/27/02 Columbia Gas 08/28/02 Jennifer Nadonicek - Massage Therapy 08/28/02 Lisa Hunsicker - Nursing Care 09/03/02 Adelphia 09/04/02 Verizon 09/04/02 Allegheny Power 09/04/02 Linda Hanson - Nursing Care 09/11/02 Lisa Hunsicker - Nursing Care 09/16/02 Columbia Gas FORWARD 300.00 39.95 56.00 200.00 48.44 300.00 200.00 200.00 3,260.00 630.00 133.15 23.83 300.00 300.00 79.90 59.11 56.00 200.00 300.00 28.41 28,172.06 - 9 - DISTRIBUTIONS OF PRINCIPAL TO BENEFICIARIES (cont'd) FORWARD $ 28,172.06 ERIKA L. SWARTZENTRUBER (cont'd) 09/18/02 Linda Hanson - Nursing Care 09/25/02 Pheasant Glen - Rent 09/25/02 Lisa Hunsicker - Nursing Care 09/30/02 Jennifer Nadonicek - Massage Therapy 10/02/02 Linda Hanson - Nursing Care 10/03/02 Allegheny Power 10/09/02 Lisa Hunsicker - Nursing Care 10/15/02 Columbia Gas 10/16/02 Linda Hanson - Nursing Care 10/23/02 Adelphia 10/23/02 Lisa Hunsicker - Nursing Care 10/25/02 Cash 10/25/02 Pheasant Glen - Rent 10/28/02 Jennifer Nadonicek - Massage Therapy 10/30/02 Linda Hanson - Nursing Care 11/01/02 Adelphia 11/04/02 Allegheny Power 11/06/02 Lisa Hunsicker - Nursing Care 11/13/02 Linda Hanson - Nursing Care 11/14/02 Columbia Gas FORWARD 200.00 630.00 300.00 300.00 200.00 58.00 300.00 45.17 200.00 20.06 300.00 50.00 630.00 300.00 200.00 39.95 58.00 300.00 200.00 56.10 32,559.34 10 DISTRIBUTIONS OF PRINCIPAL TO ~FNEFICIARIES (cont 'd) FORWARD $ 32,559.34 ERISA L. SWARTZENTRUBER (cont'd) 11/20/02 Lisa Hunsicker - Nursing Care 11/25/02 Pheasant Glen - Rent 11/26/02 Adelphia 11/27/02 Linda Hanson - Nursing Care 11/30/02 Jennifer Nadonicek - Massage Therapy 12/04/02 Lisa Hunsicker - Nursing Care 12/04/02 Allegheny Power 12/04/02 Adelphia 12/09/02 Verizon 12/11/02 Linda Hanson -Nursing Care 12/12/02 Columbia Gas 12/18/02 Lisa Hunsicker - Nursing Care 12/26/02 Linda Hanson - Nursing Care 12/26/02 Pheasant Glen - Rent 12/30/02 Jennifer Nadonicek - Massage Therapy 01/02/03 Lisa Hunsicker - Nursing Care 01/27/03 Lisa Hunsicker - Nursing Care 02/12/03 Cash 02/13/03 Allegheny Power 02/13/03 Columbia Gas FORWARD 300.00 630.00 53.55 200.00 300.00 300.00 103.62 39.95 65.59 200.00 132.87 300.00 200.00 630.00 300.00 300.00 300.00 300.00 68.51 111.62 37,395.05 - 11 - DISTRIBUTIONS OF PRINCIPAL TO BENEFICIARIES (cont'd) FORWARD $ 37,395.05 ERIKA L. SWARTZENTRUBER (cont'd) 02/13/03 Pheasant Glen - Rent 02/14/03 Columbia Gas 02/14/03 Linda Hanson - Nursing Care 02/14/03 Frederick Farber - Legal Fees 02/20/03 Lisa Hunsicker - Nursing Care 03/04/03 Lisa Hunsicker - Nursing Care 03/04/03 Adelphia 03/06/03 Pheasant Glen - Rent 03/06/03 Rashun Jackson - Meal Preparation 03/06/03 Linda Hanson - Nursing Care 03/10/03 Lisa Hunsicker - Nursing Care 03/10/03 Lisa Hunsicker - Repayment of Loan to Erika 03/13/03 Adelphia 03/13/03 Wire transfer - Auto Insurance Renewal 03/14/03 Allegheny Power 03/17/03 Columbia Gas 03/24/03 Lisa Hunsicker - Nursing Care 03/24/03 Rashun Jackson - Meal Preparation 03/24/03 Pheasant Glen - Rent FORWARD 654.00 148.37 600.00 915.00 300.00 400.00 119.85 630.00 144.00 400.00 200.00 300.00 143.84 1,327.00 58.00 180.55 200.00 288.00 630.00 45,033.66 12 - DISTRIBUTIONS OF PRINCIPAL TO m~NEFICIARIES FORWARD $ ERIKA L. SWARTZENTRUBER (cont'd) 04/01/03 Adelphia 04/04/03 Verizon 04/04/03 Allegheny Power 04/07/03 Tany Rissmiller - Nursing Care 04/07/03 Lisa Hunsicker - Nursing Care 04/07/03 Rashun Jackson - Meal Preparation 04/07/03 Lisa Hunsicker - Nursing Care 04/07/03 Jennifer Nadonicek - Massage Therapy 04/08/03 Lisa Hunsicker - Tuition Reimbursement - Supplemental Compensation 04/09/03 Jennifer Nadonicek - Massage Therapy 04/11/03 Frederick Farber - Legal Fees 04/15/03 Columbia Gas 04/22/03 Lisa Hunsicker - Nursing Care 04/22/03 Pheasant Glen - Rent 04/22/03 Adelphia 05/06/03 Medship Direct - Latex Gloves 05/07/03 Allegheny Power 05/07/03 Verizon 05/07/03 Tany Rissmiller - Nursing Care FORWARD (cont'd) 45,033.66 41.39 77.96 59.00 200.00 300.00 144.00 100.00 300.00 1,261.50 600.00 615.00 99.80 300.00 630.00 110.95 67.00 59.00 61.14 200.00 50,260.40 - 13 - DISTRIBUTIONS OF PRINCIPAL TO RF. NEFICIARIES (cont 'd) FORWARD $ 50,260.40 ERIKA L. SWARTZENTRUBER (cont'd) 05/07/03 Lisa Hunsicker - Nursing Care 05/12/03 Jennifer Nadonicek - Massage Therapy 05/15/03 Columbia Gas 05/23/03 Adelphia 06/03/03 Lisa Hunsicker - Nursing Care 06/03/03 Rashun Jackson - Meal Preparation 06/03/03 Allegheny Power 06/09/03 Lisa Hunsicker - Nursing Care 06/19/03 Verizon 06/19/03 Lisa Hunsicker - Nursing Care 06/19/03 Columbia Gas 06/20/03 Allegheny Power 06/20/03 Pheasant Glen - Rent 06/20/03 Frederick Farber - Legal Fees 06/25/03 Pheasant Glen - Rent 07/03/03 Lisa ~unsicker - Nursing Care 07/03/03 Mary Jo Penberth - Repairs to Van 07/08/03 Verizon 07/09/03 Adelphia 07/09/03 Allegheny Power FORWARD 300.00 300.00 102.09 107.86 300.00 864.00 60.00 300.00 57.20 300.00 89.04 52.97 630.00 180.00 647.00 300.00 600.00 66.74 121.21 36.00 55,674.51 - 14 - DISTRIBUTIONS OF PRINCIPAL TO m~.NEFICIARIES (cont 'd) FORWARD $ 55,674.51 ERIKA L. SWARTZENTRUBER (cont'd) 07/09/03 Columbia Gas 07/09/03 Rashun Jackson - Meal Preparation 07/15/03 Frederick Farber - Legal Fees 07/15/03 Verizon 07/15/03 Lisa Hunsicker - Nursing Care 07/25/03 Pheasant Glen - Rent 08/01/03 Adelphia 08/01/03 Lisa Hunsicker - Nursing Care 08/01/03 Columbia Gas 08/11/03 Allegheny Power 08/11/03 Verizon 08/11/03 Rashun Jackson - Meal Preparation 08/11/03 Mark Gertel - Reimbursement 08/13/03 Lisa Hunsicker - Nursing Care 08/14/03 Stewart's Towing - Towing and Storage Charges for Van 08/18/03 Lisa Hunsicker - Nursing Care 08/18/03 Columbia Gas 08/18/03 Frederick Farber - Legal Fees 08/25/03 Pheasant Glen - Rent FORWA~RD 99.79 1,008.00 1,920.00 22.99 381.00 647.00 102.12 300.00 104.67 60.00 105.20 576.00 500.00 300.00 850.00 300.00 62.85 975.00 647.00 64,636.13 - 15 - DISTRIBUTIONS OF PRINCIPAL TO ~.NEFICIARIES (cont'd) FORWARD $ 64,636.13 ERIKA L. SWARTZENTRUBER (cont'd) 08/28/03 Adelphia 08/28/03 Lisa Hunsicker - Nursing Care 08/28/03 Jennifer Nadonicek - Massage Therapy 08/28/03 Rashun Jackson - Meal Preparation 09/09/03 Verizon 09/09/03 Jennifer Nadonicek - Massage Therapy 09/15/03 Lisa Hunsicker - Nursing Care 09/15/03 Frederick Farber - Legal Fees 09/24/03 Adelphia 09/24/03 Lisa Hunsicker - Nursing Care 09/24/03 Columbia Gas 09/24/03 Rashun Jackson - Meal Preparation 09/25/03 Pheasant Glen - Rent 09/29/03 Lisa Hunsicker - Tuition Reimbursement - Supplemental Compensation 09/30/03 Allegheny Power 10/03/03 Allegheny Power 10/15/03 Lisa Hunsicker - Nursing Care 10/15/03 Verizon 10/15/03 Frederick Farber - Legal Fees FORWARD 133.50 300.00 300.00 288.00 87.49 300.00 300.00 1,125.00 184.77 300.00 78.84 576.00 647.00 3,087.00 61.76 120.76 300.00 88.12 390.00 73,304.37 - 16 - DISTRIBUTIONS OF PRINCIPAL TO RW. NEFICIARIES (cont'd) FORWARD $ 73,304.37 ERIKA L. SWARTZENTRUBER (cont'd) 10/24/03 Pheasant Glen - Rent 10/27/03 Adelphia 10/27/03 Columbia Gas 11/03/03 Allegheny Power 11/05/03 Med Ship Direct - For Purchase of Latex Gloves 11/06/03 Lisa Hunsicker - Nursing Care 11/07/03 Jennifer Nadonicek - Massage Therapy 11/14/03 Verizon 11/14/03 Columbia Gas 11/21/03 Lisa Hunsicker - Nursing Care 11/25/03 Pheasant Glen - Rent 12/03/03 Allegheny Power 12/04/03 Lisa Hunsicker - Nursing Care 12/17/03 Lisa Hunsicker - Nursing Care 12/17/03 Adelphia 12/17/03 Columbia Gas 12/17/03 Frederick Farber - Legal Fees 12/17/03 Cash - Holiday Gifts to Relatives 12/24/03 Pheasant Glen - Rent FORWARD 647.00 113.44 105.41 120.76 107.06 300.00 300.00 54.73 46.45 300.00 647.00 120.76 300.00 300.00 185.76 195.73 765.00 1,000.00 647.00 79,560.47 17 - DISTRIBUTIONS OF PRINCIPAL TO BENEFICIARIES (cont'd) FORWARD $ 79,560.47 ERIKA L. SWARTZENTRUBER (cont'd) 12/29/03 Lisa Hunsicker - Nursing Care 12/29/03 Verizon 01/07/04 Lisa Hunsicker - Nursing Care 01/07/04 Verizon 01/20/04 Lisa Hunsicker - Nursing Care 01/20/04 Frederick Farber - Legal Fees 01/23/04 Pheasant Glen - Rent 01/27/04 Columbia Gas 02/03/04 Allegheny Power 02/04/04 Verizon 02/10/04 Lisa Hunsicker - Nursing Care 02/10/04 Dick's Homecare Inc. - Wheelchair Repair 02/25/04 Pheasant Glen - Rent 03/01/04 Lisa Hunsicker - Nursing Care 03/01/04 Columbia Gas 03/03/04 Allegheny Power 03/12/04 Verizon 03/18/04 Columbia Gas 03/22/04 Lisa Hunsicker - Nursing Care 03/25/04 Pheasant Glen - Rent FORWARD 300.00 256.67 300.00 50.06 300.00 320.00 647.00 163.45 120.76 46.52 300.00 1,260.00 647.00 600.00 256.23 120.76 46.54 164.80 300.00 647.00 86,407.26 - 18 - DISTRIBUTIONS OF PRINCIPAL TO BENEFICIARIES (cont'd) FORWAR/) $ 86,407.26 ERIKA L. SWARTZENTRUBER (cont'd) 03/31/04 Lisa Hunsicker - Nursing Care 04/02/04 Allegheny Power 04/08/04 Verizon 04/13/04 Lisa Hunsicker - Nursing Care 04/22/04 Columbia Gas 04/23/04 Pheasant Glen - Rent 04/29/04 Lisa Hunsicker - Nursing Care TOTAL DISTRIBUTIONS OF PRINCIPAL TO BENEFICIARIES 300.00 120.76 46.21 300.00 133.41 647.00 300.o0 $ 88,254.64 88,254.64 - 19 - PRINCIPAL BALANCE ON HAND Other $150,000 Jackson National Life Annuity Policy Dividend Cash Equivalents SEI Money Market Fund #32 Principal Cash VALUE AT o4/3o/2o04 85,794.15 $ 9,905.25 95,699.40 $ -322.41 FIDUCIARY ACQUISITION VALUE 150,000.00 9,905.25 159,905.25 -322.41 TOTAL PRINCIPAL BALANCE ON HAND 95,376.99 $ 159,582.84 - 20 - PRINCIPAL INVESTMENTS MADE 04/30/04 SEI Money Market Fund #32 TOTAL PRINCIPAL INVESTMENTS MADE 9,905.25 $ 9,905.25 - 21 - RECEIPTS OF INCOME Prior Award: Received of Community Trust Company, Trustee under the Special Needs Trust under Agreement dated March 24, 2000 of Deirdre Ann Fox and Dale M. Swartzentruber for the Benefit of Erika L. Swartzentruber. Award per Adjudication dated March 5, 2002 of George E. Hoffer, P.J. upon the First and Final Account and Statement of Proposed Distribution of said Trustee, consisting of: 12/31/01 Commerce Bank 12/31/01 Alliance Capital Reserves Alliance Capital Reserve 01/16/02 Interest 02/15/02 Interest 03/15/02 Interest 03/25/02 Interest Commerce B nk 01/31/02 Interest 02/28/02 Interest 03/31/02 Interest 04/30/02 Interest 05/31/02 Interest Federated Govt Obliqations Fd ~39~ 05/31/02 Interest Money Market Fund 06/03/02 Interest 07/01/02 Interest 08/01/02 Interest FORWARD $ 46.25 90.22 79.76 26.35 $ 3.84 2.07 6.24 24.96 5.40 $ 54.07 131.04 0.17 $ 85.78 190.06 242.58 42.51 35.71 $ 185.28 $ 596.64 22 - RECEIPTS OF INCOME (cont'd) FORWARD $ 185.28 $ 596.64 Money Market Fund (cont'd) 08/01/02 Interest 09/03/02 Interest 09/03/02 Interest 10/01/02 Interest 10/01/02 Interest 11/01/02 Interest 11/01/02 Interest 12/02/02 Interest 12/02/02 Interest 01/02/03 Interest 01/02/03 Interest 02/03/03 Interest 02/03/03 Interest 03/03/03 Interest 03/03/03 Interest 04/01/03 Interest 04/01/03 Interest 05/01/03 Interest 05/01/03 Interest 06/17/03 Interest 07/02/03 Interest 08/04/03 Interest 09/03/03 Interest 10/03/03 Interest 11/04/03 Interest 12/02/03 Interest 01/05/04 Interest 02/03/04 Interest 03/02/04 Interest 04/02/04 Interest Miscellaneous 05/16/02 Total Transfers Principal to Income 1/1/02 - 5/15/02 TOTAL RECEIPTS OF INCOME 128.90 0.23 114.58 0.27 103.61 0.27 103.33 0.20 85.48 0.21 75.20 0.21 69.94 0.14 60.03 0.02 58.35 48.68 0.01 47.92 42.82 35.65 29.24 23.93 21.29 18.89 17.43 14.72 11.69 10.14 1,308.66 9,165.22 11,070.52 - 23 - Waypoint Bank - Fees 07/08/02 08/06/02 09/06/02 10/08/02 11/06/02 12/06/02 01/07/03 02/06/03 03/06/03 04/06/03 DISBURSEMENTS OF INCOME 83.64 76.73 74.35 73.44 65.22 64.11 63.14 62.90 104.16 104.16 $ 771.85 03/26/02 Wire Transfer Fee 03/26/02 PershinG Wire Fee 06/13/02 Community Trust Company - Termination Fee TOTAL DISBURSEMENTS OF INCOME 10.00 25.00 41.11 $ 847.96 24 - DISTRIBUTIONS OF INCOME TO BENEFICIARIES ERIKA L. SWARTZENTRUBER 01/04/02 Linda Hanson - Nursing Care $ 01/04/02 Lisa Hunsicker - Nursing Care 01/04/02 Progressive Northern Insurance Co - Auto Insurance 01/04/02 Jennifer Nadonicek - Massage Therapy 01/10/02 Allegheny Power 01/17/02 Verizon 01/17/02 Lisa Hunsicker - Nursing Care 01/25/02 Columbia Gas 01/25/02 Pheasant Glen - Rent 01/31/02 AT&T 02/01/02 Lisa Hunsicker - Nursing Care 02/01/02 Linda Hanson - Nursing Care 02/01/02 Progressive Northern Insurance Co - Auto Insurance 02/01/02 Jennifer Nadonicek - Massage Therapy 02/08/02 Allegheny Power 02/21/02 Verizon 02/21/02 Lisa Hunsicker - Nursing Care 02/25/02 Columbia Gas 02/25/02 Pheasant Glen - Rent 02/28/02 Lisa Hunsicker - Nursing Care FORWARD 200.00 300.00 156.06 270.00 51.00 47.27 300.00 71.54 625.00 62.85 300.00 200.00 174.99 270.00 51.00 42.27 300.00 66.03 688.00 300.00 4,476.01 - 25 - DISTRIBUTIONS OF INCOME TO BENEFICIARIES (cont'd) FORWARD $ 4,476 . 01 ERIKA L. SWARTZENTRUBER (cont'd) 03/01/02 Linda Hanson - Nursing Care 03/01/02 Jennifer Nadonicek - Massage Therapy 03/11/02 Allegheny Power 03/13/02 Lisa Hunsicker - Nursing Care 03/18/02 Verizon 03/25/02 Columbia Gas 03/25/02 Pheasant Glen - Rent 03/29/02 Lisa Hunsicker - Nursing Care 04/02/02 Linda Hanson - Nursing Care 04/02/02 Jennifer Nadonicek - Massage Therapy 04/03/02 Progressive Northern Insurance Co - Auto Insurance 04/09/02 Allegheny Power 04/10/02 Lisa Hunsicker - Nursing Care 04/19/02 Verizon 04/24/02 Lisa Hunsicker - Nursing Care 04/25/02 Pheasant Glen - Rent 04/26/02 Columbia Gas 05/02/02 Linda Hanson - Nursing Care 05/02/02 Jennifer Nadonicek - Massage Therapy FORWARD 200.00 270.00 50.00 300.00 46.25 75.69 688.00 300.00 200.00 270.00 171.62 69.39 300.00 37.65 300.00 688.00 63.35 200.00 270.00 8,975.96 - 26 - DISTRIBUTIONS OF INCOME TO BENEFICIARIES (cont'd) FORWARD $ 8,975.96 ERIKA L. SWARTZENTRUBER (cont'd) 05/03/02 Adelphia 05/03/02 Progressive Northern Insurance Co - Auto Insurance 05/08/02 Lisa Hunsicker - Nursing Care 05/09/02 Allegheny Power 05/15/02 Verizon 10/02/02 Verizon 11/04/02 Verizon 02/13/03 Verizon 03/04/03 Verizon TOTAL DISTRIBUTIONS OF INCOME TO BENEFICIARIES 105.20 171.62 300.00 33.61 39.83 50.96 54.08 110.25 58.64 $ 9,900.1K $ 9,900.15 27 - Income Cash INCOME BALANCE ON HAND FIDUCIARY VALUE AT ACQUISITION 04/30/2004 VALUE $ 322.41 $ 322.41 TOTAL INCOME BALANCE ON HAND $ 322.41 $ 322.41 - 28 - Daniel Madio, Trust Officer with Waypoint Bank, Trustee, hereby declares that Trustee has fully and faithfully discharged the duties as Trustee; that the foregoing account is true and correct and fully discloses all significant transactions occurring during the accounting period. Daniel ~i~ '' V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION In Re: ERIKA L. SWARTZENTRUBER No. 21-2002-119 CERTIFICATE OF SERVICR I, Fredrick Farber, Esquire, hereby certify that a true and correct copy of the foregoing Second Account for the Special Needs Trust Established For the Benefit of Erika L. Swartzentruber Under Agreement dated March 24, 2000, of Deirdre Ann Fox and Dale M. Swartzentruber, was serviced upon the following by certified mail, return receipt requested, postage prepaid, on the /~ day of , 2004. Ms. Erika L. Swartzentruber 447 West Clinton Avenue, Apt. 1201 State College PA 16803 Dated: Fredrick Farber, Esquire 110 Regent Court, Suite 202 State College PA 16801 Telephone (814) 238-0760 Attorney ID No. 17043 wrt~en cd::llect~ ~ ~ ~o~ notice of the filing of I hereby oofli~ that written and to eve~ olher ~ ?o.the _ ~ac~_ nt to thla Acc, ount, and of the date, tim have or claim an in~m~ ? me esmm as crea*K~ the Court obiectio~ to said Amount, has bee~ given to every ~ claimant a.d to eveq othe~ person known to the acc~ to have or claim an heir or next of k~. o~ o {~ HO IN THE MATTER OF THE ERIKA L. SWARTZENTRUBER IRREVOCABLE TRUST UNDER AGREEMENT DATED 3/24/00 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : No. 2002- STATEMENT OF PROPOSED DISTRIBUTION The following distributions were made prior to the filing of the First and Final Account of the Trustee, Community Trust Company: Pursuant to ARTICLE IV, Paragraph 4.02, of the Erika L. Swartzentruber Irrevocable Trust, the following amounts were distributed to, or for the benefit of, Erika L. Swartzentruber: Income Cash in the amount of $1,638.03 Pursuant to ARTICLE IV, Paragraph 4.04, of the Erika L. Swartzentruber Irrevocable Trust, the following amounts were distributed pursuant the exercise of a Broad Special Power of Appointment reserved to the Settlor of the Trust: Principal Cash in the amount of $39,788.24 Pursuant to ARTICLE VIII, Paragraph 8.02, the Settlor, Erika L. Swartzentruber, has removed Community Trust as Trustee. Pursuant to ARTICLE VIII, Paragraph 8.03, the Settlor has appointed Waypoint Bank as successor Trustee. See Exhibit A, attached. Community Trust Company proposes to distribute the principal and income balance on hand to Waypoint Bank, after payment of trustee fees and legal fees, as follows: mo Community Trust Company - trustee fees for December, 2001 and January and February, 2002 and reserve for preparation of fiscal year 2001 state and federal fiduciary income tax returns: $387.50 Bo Keefer Wood Allen & Rahal, LLP - legal fees and disbursements in connection with filing the accounting $480.00 for fees; $185.00 for disbursements Gates, Halbruner & Hatch, P.C. - legal fees and disbursements in connection with creation, funding and protection of the trust: $2,320.34 Do Waypoint Bank - successor Trustee Income Cash in the amount of Principal Cash in the amount of $ 710.91 $55,517.42 With adjustment for principal and income receipts and disbursements received or made by the Trustee on or after January 1, 2002 through the date of actual distribution to the successor Trustee. The Trust Agreement is attached hereto as Exhibit B. EXHIBIT A IN THE MATTER OF THE ERIKA L. SWARTZENTRUBER IRREVOCABLE TRUST UNDER AGREEMENT DATED 3/24/00 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : No. 2002- APPOINTMENT OF SUCCESSOR TRUSTEE OF THE ERIKA L. SWARTZENTRUBER IRREVOCABLE TURST WHEREAS, Erika L. Swartzentruber (the "Grantor") has established a Trust entitled The Erika L. Swartzentruber Irrevocable Trust dated March 24, 2000 (the "Trust"), naming Community Trust Company (the "Trustee") as Trustee; and WHEREAS, under Article VIII Paragraph 8.02 of the Trust, the Grantor reserved the power to remove the Trustee; and WHEREAS, under Article VIII, Paragraph 8.03 of the Trust, the Grantor has reserved the power to appoint a Successor Trustee; and WHEREAS, the Grantor has exercised her power to remove Community Trust Company as Trustee and now desires to appoint Waypoint Bank as Successor Trustee, NOW, THEREFORE, the parties hereto, intending to be legally bound, hereby agree as follows: 1. Pursuant to Article IX, Paragraph 8.03, the Grantor hereby appoints Waypoint Bank as Successor Trustee. 2. Waypoint Bank hereby accepts the position of Successor Trustee for the purposes set forth in the Trust. 3. In all other respects, the Trust remains in full force and effect. IN WITNESS WHEREOF, the parties have set their hands and seals this day of"~$~G~ WITNESS: ,2002. ~.eatnor Nelson, Notary Public State College Boro, Centre County ,Vt~, Commission Expires Oct. 18, 2004 S-wartzen-"tmber (the "Q]rantor") ATTEST: Waypoint Bank By: /~Uc&ssor Trustee COMMONWEALTH OF PENNSYLVANIA · COUNTY OF ~'~F(~ ' --F- On this, the ~ day of .__[C~q,,.JC~ ,2002, before me, the undersigned officer, personally appeared ERIKA L. SWARTZENTRUBER, 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· [Notarial Seal] I Notadal Seal .~,~ ?'4" -,-. · ,. - -- ~ Heather Nelson. Notary P_ublil~.o[a[Y VUbllC My Commlsslolq t:xplres uo~. ~o, ~u~,-, ] COMMONWEALTH OF PENNSYLVANIA · · SS. COUNTYOF _.~.~/},'"~-_. . , . ' On this, the / ~'~-' day of J~.~..~..rz~_? ~ ,2002, before me, the undersigned officer, personally a~peared Stephen C~-l~inana, wl~'o acknowledged himself to be Vice President of Trust and Investment Services of Waypoint Bank, and that he, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of Waypoint Bank, by himself, as Assistant Vice President· In witness whereof, I set my hand and official seal· [Notarial Seal] -,2' ~ ~ Notary Public NOTARIAl. SEAL PAMELA S. WOLFE Notary Public City of Harrisburg D~uphin Counly My Commission Exl~ res Dec. 22, 20_t~8_J EXHIBIT B THE ERIKA L. SWARTZENTRUBER IRREVOCABLE TRUST COPY THIS TRUST AGREEMENT is executed in triplicate on this ~ ~ day of March, 2000, by and between ERIKA L. SWARTZENTRUBER, now of 447 West Clinton Avenue, Apt. 1201, State College, Centre County, pennsylvania 16803, (hereinafter called "Settlor") and COMMUNITY TRUST COMPANY, a Pennsylvania Registered Trust Company, now of 1013 Mumma Road, Suite 100, Lemoyne, Pennsylvania 17043 (hereinafter called "Trustee"). ARTICLE I. TRUST ESTATE 1.01. Initial Principal. Settlor, desiring to establish an irrevocable trust, does hereby irrevocably transfer, assign and deliver to the Trustee and its successors, and assigns the assets listed on Schedule & attached hereto and made a part hereof. As further evidence of such assignment, the Settlor has executed or will execute or cause to be executed such other instruments as may be required for the purposes of completing the assignment or transfer of title to such property to the Trustee. The Trustee accepts such transfer and assignment to itself as Trustee, and undertakes to hold, manage, invest and reinvest the assets of this Trust, and to distribute the income and principal of the Trust in accordance with the provisions of this Agreement. 1.02. Additional Principal. The Settlor and any other person or persons, with the consent of the Trustee, shall have the right at any time to make additions to the corpus of this Trust or any share thereof hereby established. All such additions shall be held, governed, and distributed by the Trustee in accordance witl~ the terms and conditions of this Agreement. The Trustee, in its sole discretion, may require, as a prerequisite to accepting property, that the transferring party provide evidence satisfactory to the Trustee that (i) the property is not contaminated by any hazardous or toxic materials or substances; and (ii) the property is not being used and has never been used for any activities directly or indirectly involving the generation, use, treatment, storage, disposal, release or discharge of any hazardous or toxic materials or substances. 1.03. Disclaimer. The Trustee shall have the right to disclaim, in whole or in part, prior to its acceptance by the Trustee, any interests in property for any reason, including but not limited to a concern that such property could cause potential liability under any federal, state, or local environmental law. ARTICLE II. IRREVOCABILITY OF TRUST 2.01. ~. Settlor has been advised of the consequences of an irrevocable trust and hereby declares that this Trust shall be irrevocable and shall not be altered, amended, revoked, or terminated by Settlor or any other person or persons. ARTICLE HI. LIFE INSURANCE POLICIES 3.01. General Provisions. If any insurance policies are transferred into this Trust, the Trustee shall be vested with all right, . title, and interest in and to the transferred policies of insurance, and is authorized and empowered to exercise and enjoy, for the purposes of the Trust herein created and as absolute owner of such policies of insurance, all the options, benefits, rights and privileges under such policies, including the fight to borrow upon and to pledge them for a loan or loans. The Trustee takes all rights, title, and interest in and to the above stated insurance policies subject to any prior split-dollar life insurance agreement and assignments, which may be in effect at the time of transfer. The insurance companies which have issued policies are hereby authorized and directed to recognize the Trustee as absolute owner of such policies of insurance and as fully entitled to all options, rights, privileges, and interests under such policies, and any receipts, releases, and other instruments executed by the Trustee in connection with such policies shall be binding upon all persons interested in this Trust. The Settlor hereby relinquishes all rights, title, interest and powers in such policies of insurance which Settlor may own and which fights, title, interest and powers are not assignable, and will, at the request of the Trustee, execute all other instruments reasonably required to effectuate this relinquishment. 3.02. Payment of Premiumn, The Trustee shall be under no obligation to pay the premiums which may become due and payable under the provisions of any policy of insurance which may be transferred or assigned to this Trust, or to make certain that such premiums are paid by the transferor of such policy, or to notify any persons of the nonpayment of such premiums, and the Trustee shall be under no responsibility or liability of any kind in case such premiums are not paid, except the Trustee shall apply any dividends received on such policies to the payment of premiums thereon. Upon notice at any time during the continuance of this Trust that the premiums due upon such policies are in default, or that premiums which will become due will not be paid, either by the transferor or by any other person, the Trustee, within its sole discretion, may apply any cash values attributable to such policy to the purchase of paid-up insurance or of extended insurance, or may borrow upon such policy for the payment of premiums due thereon, or may accept the cash values of such policy upon the policy's forfeiture. In the event that the Trustee receives the cash value of such policy upon its forfeiture for nonpayment of premiums, the amount received shall be added to the corpus of this Trust, and shall be administered according to the terms of this Agreement. If the insured under such policies of insurance, becomes totally and permanently disabled within the meaning of any policies and because thereof the payment of premiums, or any of them, shall during the pendency of such disability, be waived, the Trustee, upon receipt of such knowledge, shall promptly notify the insurance company which has issued such policies, and shall take any and all steps necessary to make such waiver of premium provision effective. 3.03. Duties of Trustee With Re~_ard to Life Insurance Policies. The Trustee shall be under no obligation or duty whatever except with respect to the safekeeping of such policies of insurance and the duty to receive such sums as may be paid to them, in accordance with the requirements of this Trust, by the companies issuing such policies, and to hold, manage and disburse such proceeds subject to the terms of this Agreement. Upon the death of the insured, the Trustee shall make reasonable efforts to carry out the provisions of this Agreement, including the maintenance or defense of any suit, provided, however, the Trustee shall be under no duty to maintain or enter into any litigation unless its expenses, including counsel fees and costs, have been advanced or guaranteed in an amount and in a manner reasonably satisfactory to the Trustee. The Trustee may repay any advances made by it or reimburse itself for any such fees and costs from any corpus or income of this Trust. ARTICLE IV. TRUST DISTRIBUTIONS 4.01. Trust Princip3!. T.h,~ entire corpus of this Trust, including the assets initially transferred to this Trust, subseq,.xrm'~ .~.dcl. it,.'on: to this Trust, and the proceeds of any sale, exchange or investment of such Tins*. assets, shall be used for the purposes herein contained. 4.02. Income Distribution, During the Settlor's lifetime, the Trustee shall distribute all of the net income of the trust to, or for the benefit of, the Settlor, ERIKA L. SWARTZENTRUBER. The Trustee shall make no distributions of principal to ERIKA L. SWARTZENTRUBER 4.03. Principal Distributions. Upon the death of the Settlor, ERIKA L. SWARTZENTRUBER, the Trust shall terminate. Upon termination of the Trust, the remaining Trust estate shall be distributed to COMMUNITY TRUST COMPANY, Trustee of THE ERIKA L. SWARTZENTRUBER SPECIAL NEEDS TRUST, dated March 24, 2000, to be held and administered according to its terms. 4.04. Broad Special Power of Appointment. ERIKA L. SWARTZENTRUBER is hereby granted the special power to appoint, at any time and from time to time, the principal of this Trust, in whole or in part, and in any manner and in such proportions as she deems advisable to whomever she desires. This power shall be exercisable by her Will, specifically referring to this special power of appointment in this paragraph 4.04 of this Trust. This special power of appointment does not grant to ERIKA L. SWARTZENTRUBER the power to appoint the principal of this trust to herself, her estate, her creditors, or the creditors of her estate. She may not appoint the principal of this trust to any individual who is deemed to be her legally responsible relative. IfER/KA L. SWARTZENTRUBER fails, either in whole or in part, to 3 exercise this special power of appointment herein granted, the unappointed principal shall continue in trust and shall be administered according to the terms of this trust. ARTICLE V. POWERS OF TRUSTEE 5.01. Mana~,ement of the Trust. (A) Settlor's power to direct investments. Settlor shall have the power in a fiduciary capacity to direct the Trustee to purchase, sell, exchange, or otherwise acquire or dispose of assets. In the case of a variable life insurance or annuity policy, Settlor shall have the power in a fiduciary capacity to direct the investment of the cash value of the policy among the investment fund options provided in the policy. During the Settlor's lifetime, the Trustee shall not exercise any of the Trustee's powers over these matters without receiving written directions from the Settlor. Notwithstanding the Settlor's authority or the Trustee's limitations, contained in this section, if the Trustee, in the exercise of its fiduciary duties, is required (1) to make a discretionary or non-discretionary distribution to a trust beneficiary, (2) to pay trustee's fees, (3) to pay any taxes relating to the trust, or (4) to pay any other costs or disbursements relating to the trust, the Trustee shall provide the Settlor written notice of such payment and an estimate of the liquidity requirements, and the Settlor shall have fifteen (15) calendar days (from the mailing of the notice) to advise the Trustee which trust assets to liquidate in order to make the payment and meet the liquidity requirements. If the Settlor does not provide the advice to the Trustee within the fifteen (15) day period, then the Trustee is authorized to liquidate those trust assets which it deems appropriate to meet the liquidity requirements based on the Prudent Investor Rule contained in section 5.01(B). During the Settlor's lifetime and unless the foregoing powers have been relinquished, the Trustee shall have no duty to review investments or to suggest investments and shall not be liable to any beneficiary of this trust or any heir of the Settlor for losses resulting from such investments or fi.om failure to make investments while the Settlor retains these powers. Settlor, unless having relinquished this duty in writing, retains the obligation to review investments or make investment suggestions. Settlor may release his power to control trust investments by written instrument delivered to the Trustee and may reassume the power at any time be written instrument delivered to the Trustee. If Settlor dies or the Trustee receives certificates of two state licensed physicians that Settlor cannot exercise any of these powers, Settlor shall be deemed to have released the powers and the Trustee shall have full power to take any such action, subject to the terms and conditions of the Prudent Investor Rule. Settlor shall be deemed to have reassumed the powers if the Trustee receives certificates fi.om two licensed physicians that Settlor has recovered the ability to exercise the powers. 4 Settlor acting under this clause shall be deemed to have waived the doctor-patient privilege to the extent necessary to implement this clause. Failure of physician to comply with the Trustee in requests for information shall be deemed to be a release of the Settlor's retained authority to review accounts and make investment suggestion until such time as the physician complies. Any person may transact business with the Trustee without inquiring whether the Settlor has directed the action and without inquiring whether the Settlor has relinquished or become unable to exercise the power. (B) Incorporation of Prudent Investor Rul,~. Unless otherwise directed herein, the Trustee shall be subject to the Prudent Investor Rule (the "PIR") as adopted by the Commonwealth of Pennsylvania at 20 P. S.C.A. {}7201 et. seq., as hereby enacted or subsequently amended, to manage and invest the assets of the trust. The Settlor desires that the Trustee, consistent with the standards of the PIK continuously assess the appropriate investment risk tolerance of the trust beneficiaries, and then invest the trust assets consistent with the purposes, terms, and other circumstances of the Trust and shall pursue an overall investment strategy reasonably suited to the Trust and the expressed intent of the Settlor. The Settlor believes, consistent with modem portfolio theory, that the trust total investment return will be determined primarily by the trust's asset allocation; not market timing or active management in security selection. The Settlor believes that the trust should diversify its investments with regard to assets classes and individual securities to avoid uncompensated risk. The Settlor does not intend to prohibit the Trustee from engaging in active management of trust assets where the Trustee reasonably believes active management can aid in achieving the desired balance between risk and return and the intent of the Trust. (C) Creation of Investment Policy Statement. The Settlor directs that any Trustee, in managing and investing the assets of the trust estate, establish, in writing, an appropriate investment policy statement. The investment policy statement shall be reviewed and updated at least annually. In making the investment policy statement, the Trustee shall consider and the Settlor shall address such issues as: the size of the trust assets; the intended duration of the trust; liquidity demands and schedules; the duration of the fiduciary relationship; the expected tax consequences of decisions and distributions between income and principal; the role each investment will play in the overall investment strategy; the special value or relationship of any particular asset to the overall intent of the trust; and, to the extent reasonably known, the income and resources of the beneficiaries and related trusts. (D) Employment of and Delegation to Investment Agen f. The Trustee may retain any professional investment counsel of the Trustee's choice or delegate investment responsibilities to any professional investment agent for any reason and regardless of the Trustee's own skills 5 concerning investments; provided, however, a counsel so selected shall be either registered as an investment adviser with the U.S. Securities and Exchange Commission or a state chartered or national bank with fiduciary powers. If investment counsel is retained, the Trustee shall abide by the counsel's decision but shall not be held liable or otherwise surcharged for losses directly attributable to investments made on the investment counsel's advise. While the Trustee retains investment counsel, the Trustee shall not be required to review trust investments or take action on trust investments unless the Trustee receives written instructions from investment counsel. The Trustee may, but shall not be required to demand a bond from any professional investment counsel or agent. The Trustee shall have the power exercisable in the Trustee's discretion to discharge such investment counsel and to employ other counsel or to administer the trust without such counsel. Consistent with the standards of the PIR, the Trustee shail have the responsibility to prudently select any investment counsel, to periodically review the performance of any investment counsel and to take appropriate action if apprized of facts clearly indicating that counsel is not performing competently. Furthermore, the Trustee shall not be held liable for any actions of the professional investment counsel or agent provided that the Trustee has exercised reasonable care in selecting such agent or counsel and has established a specific scope and term of delegation or responsibility for such professional counsel or agent. (E) Nonliability of Settlor for Directed Investments. The Settlor shall not be liable to any beneficiary or to any heir for the Settlor's acts or failure to act, except for willful misconduct or gross negligence, in directing the investments of the trust. (F) Beneficiary Directed Investments. Upon the death of the Settlor, the Trustee shall assume responsibility of investment management. However, the then-current income beneficiaries may select, in writing delivered to the Trustee, either the investments or the investment counsel for the Trust, provided that all income beneficiaries must agree to such listed investments and counsel in writing to the Trustee under such terms and conditions as the Trustee may require including but not limited to indemnification agreements. If the income beneficiaries under the Trust assume or otherwise accept such responsibility, then the Trustee shall be exempt from claims of the remaindermen for the investment decisions made by such beneficiaries or their investment counsel. 5.02. General Powers. In addition to such other powers and duties as may have been granted elsewhere in this Trust, but subject to any limitations contained elsewhere in this Trust, the Trustee shall have the following powers and duties: A. In the management, care and disposition of this Trust, the Trustee shall have the power to do all things and to execute such deeds, instruments, and other documents as may be deemed necessary and proper, including the following powers, all of which may be exercised without order of or report to any court: (1) To sell, exchange, or otherwise dispose of any property, real, personal or mixed, wheresoever located, at any time held or acquired hereunder, at public or private sale, for cash or on terms as may be determined by the Trustee, without advertisement, including the right to lease for any term notwithstanding the period of the Trust, and to grant options, including an option for a period beyond the duration of the Trust. (2) To invest and reinvest all or any part of the Trust Estate in any common or preferred stocks, shares of investment trusts and investment companies, bonds, debentures, mortgages, deeds of trust, mortgage participations, notes, real estate, or other property the Trustee, in the Trustee's discretion, selects; provided that the Trustee may not invest in any stock or securities issued by the corporate Trustee or issued by a parent or affiliate company of such Trustee; in the manner that, under the circumstances then prevailing (specifically including, but not limited to, the general economic conditions and the anticipated needs of the Trust and its beneficiaries), persons of skill, prudence, and diligence, acting in a similar capacity and familiar with those matters would use in the conduct of an enterprise of similar character and similar aims, to attain the Settlor's goals under this trust agreement. (3) To retain for investment any property deposited with the Trustee hereunder. (4) To vote in person or by proxy any corporate stock or other security and to agree to or take any other action in regard to any reorganization, merger, consolidation, liquidation, bankruptcy or other procedure or proceedings affecting any stock, bond, note or other security held by this Trust. (5) To use lawyers, real estate brokers, accountants and any other agents, if such employment is deemed necessary or desirable, and to pay reasonable compensation for their services. (6) To compromise, settle or adjust any claim or demand by or against the Trust and to agree to any rescission or modification of any contact or agreement affecting the Trust. (7) To renew any indebtedness, as well as to borrow money, and to secure the same by mortgaging, pledging or conveying any property of the Trust, including the power to borrow from the Trustee (in the Trustee's individual capacity) at a reasonable rate of interest. 7 (8) To retain any business interest transferred to the trustee, as shareholder, security holder, creditor, partner or otherwise, for any period of time whatsoever, even though the interest may constitute all or a large portion of the trust principal; to comply with the provisions of any agreement restricting transfer of the interest; to participate in the conduct of the related business or rely upon others to do so, and to take or delegate to others discretionary power to take any action with respect to its management and affairs which an individual could take as outright owner of the business or the business interest, including the voting of stock (by separate trust or otherwise regardless of whether that separate trust will extend for a term within or beyond the term of the trust) and the determination of all questions of policy; to execute and amend partnership agreements; to participate in any incorporation, reorganization, merger, consolidation, sale of assets, recapitalization, liquidation or dissolution of the business, or any change in its nature, or in any buy-sell, stock restriction, or stock redemption agreements; to invest in additional stock or securities of, or make secured, unsecured, or subordinated loans to, the business with trust funds; to take all appropriate actions to prevent, identify, or respond to actual or threatened violations of any environmental law or regulation thereunder; to elect or employ with compensation, as directors, officers, employees, or agents of the business, any persons, including a trustee of any trust held under this instrument, or any director, officer, employee, or agent of a corporate trustee of any trust held under this instrument, without adversely affecting the compensation to which that trustee would otherwise be entitled; to rely upon reports of certified public accountants as to the operations and financial condition of the business, without independent investigation; to deal with and act for the business in any capacity (including in the case of a corporate trustee any banking or trust capacity and the loaning of money out of the trustee's own funds) and to be compensated therefor; and to sell or liquidate the business or any interest in the business. (9) To register any stock, bond or other security in the name of a nominee, without the addition of words indicating that such security is held in a fiduciary capacity, but accurate records shall be maintained showing that the stock, bond or other security is a trust asset and the Trustee shall be responsible for the acts of the nominee. (10) To set aside as a separate trust, to be held and administered upon the same terms as those governing the remaining trust property, any interests in property, for any reason, including but not limited to a concern that such property could cause potential liability under any federal, state, or local environmental law. B. Whenever the Trustee is directed to distribute any trust principal in fee simple to a person who is then under twenty-one (21) years of age, the Trustee shall be authorized to hold such property in trust for such person until he becomes twenty-one (21) years of age, and in the meantime shall use such part of the income and the principal of the trust as the Trustee may deem necessary to provide for the proper support and education of such person in the standard of living to which he has become accustomed. If such person should die before becoming twenty-one (21) years of age, the property then remaining in trust shall be distributed to the personal representative of such person's estate. C. In making distributions from the Trust to or for the benefit of any minor or other person under a legal disability, the Trustee need not require the appointment of a guardian, but shall be authorized to pay or deliver the distribution to the custodian of such person, to pay or deliver the distribution to such person without the intervention of a guardian, to pay or deliver the distribution to the legal guardian of such person ifa guardian has already been appointed, or to use the distribution for the benefit of such person. D. In the distribution of the Trust and any division into separate trusts and shares, the Trustee shall be authorized to make the distribution and division in money or in kind or in both, regardless of the basis for income tax purposes of any property distributed or divided in kind, and the distribution and division made and the values established by the Trustee shall be binamg and conclusive on all persons taking hereunder. The Trustee may in making such distribution or division allot undivided interests in the same property to several trusts or shares. E. If at any time after Settlor's death the total fair market value of the assets of any trust established or to be established hereunder is so small that the corporate Trustee's annual fee for administering the trust would be equal to or less that the minimum annual fee set forth in the Trustee's regularly published fee schedule, then the Trustee in its discretion shall be authorized to terminate such trust or to decide not to establish such trust, and in such event the property then held in or to be distributed to such trust shall be distributed to the persons who are then or would be entitled to the income of such trust. If the amount of income to be received by such persons is to be determined in the discretion of the Trustee, then the Trustee shall distribute the property among such of the persons to whom the Trustee is authorized to distribute income, and in such proportions, as the Trustee in its discretion shall determine. F. The Trustee shall be authorized to lend or borrow, including the fight to lend to or borrow from the Settlor's estate, at an adequate rate of interest and with adequate security and upon such terms and conditions as the Trustee shall deem fair and equitable. G. The Trustee shall be authorized to sell or purchase, at the fair market value as determined by the Trustee, any property to or from Settlor's estate, the estate of Settlor's spouse, or any trust created by Settlor or Settlor's spouse during life or by will, even though the same person or corporation may be acting as executor of Settlor's estate or the estate of Settlor's spouse or as trustee of any other such trusts and as the Trustee of this Trust. H. The Trustee shall have discretion to determine whether items should be charged or credited to income or principal or allocated between income and principal as the Trustee may deem equitable and fair under all the circumstances, including the power to amortize or fail to amortize any part or all of any premium or discount, to treat any part or all of the profit resulting from the maturity or sale of any asset, whether purchased at a premium or at a discount, as income or principal or apportion the same between income and principal, to apportion the sales price of any asset between income and principal, to treat any dividend or other distribution on any investment as income or principal or to apportion the same between income or principal, to charge any expense against income or principal or apportion the same, and to provide or fail to provide a reasonable reserve against depreciation or obsolescence on any asset subject to depreciation or obsolescence, all as the Trustee may reasonably deem equitable and just under all of the circumstances. 5.02. Voting by Trustee. When the authority and power under this Trust is vested in two (2) or more Trustees or Co-Trustees, the authority and powers are to be jointly by the Trustees or Co-Trustees. A majority of the Trustees or Co-Trustees may exercise any authority or power granted under this Trust Agreement or granted by law, and may act on behalf of the Trust. Any attempt by one such Trustee to act for the Trust on other than ministerial acts shall be void. The action of one such Trustee on behalf of the Trust may be (but need not be) validated by a subsequent ratification of the act by a majority of the Trustees or Co-Trustees. 5.03. Trustees Power to Deal with Environmental H~zsrds, The Trustee shall have the power to use and expend the trust income and principal to (i) conduct environmental assessments, audits, and site monitoring to determine compliance with any environmental law or regulation thereunder; (ii) take all appropriate remedial action to contain, clean up or remove any environmental hazard including a spill, release, discharge or contamination, either on its own accord or in response to an actual or threatened violation of any environmental law or regulation thereunder; (iii) institute legal proceedings concerning environmental hazards or contest or settle legal proceedings brought by any local, state, or federal agency concerned with environmental compliance, or by a private litigant; (iv) comply with any local, state or federal agency order or court order directing an assessment, abatement or cleanup of any environmental hazards; and (v) employ agents, consultants and legal counsel to assist or perform the above undertakings or actions. Any expenses incurred by the trustee under this paragraph may be charged against income or principal as the trustee shall determine. ARTICLE VI. SPENDTHRIFT PROVISION 6.01. General Provision. No beneficiary shall have the power to anticipate, encumber or transfer his interest in the Trust Estate in any manner other than by the valid exercise of a Power of Appointment. No part of the Trust Estate shall be liable for or charged with any debts, contracts, liabilities or torts of a beneficiary or subject to seizure or other process by any creditor of a beneficiary. l0 ARTICLE VII. CONSTRUCTION OF TRUST 7.01. Choice of Law. This Trust shall be administered and interpreted in accordance with the laws of the Commonwealth of Pennsylvania. 7.02. Code. Unless otherwise stated, all references in this Trust to section and chapter numbers are to those of the Internal Revenue Code of 1986, as amended, or corresponding provisions of any subsequent federal tax laws applicable to this Trust. 7.03. Other Terms. Unless the context otherwise requires, the use of one or more genders in the text includes all other genders, and the use of either the singular or the plural in the text includes both the singular and the plural. 7.04. Captions. The captions set forth in this Agreement at the beginning of the various divisions hereof are for convenience of reference only and shall not be deemed to define or limit the provisions hereof or to affect in any way their construction and application. 7.05. Situs of Trus___.__lt. The Trust shall have its legal situs in Cumberland County, Pennsylvania. ARTICLE VIII. COMPENSATION OF TRUSTEE AND APPOINTMENT OF SUCCESSOR TRUSTEE 8.01. Compensation. The Trustee shall receive as its compensation for the services performed hereunder that sum of money, based on an hourly charge or percentage rate, which the Trustee normally and customarily charges for performing similar services during the time which it performs these services. 8.02. Removal of Truste,% Settlor may remove the Trustee, at any time or times, with or without cause, upon thirty (30) days written notice given to the current Trustee. Upon the death of the Settlor, a majority of the current beneficiaries may remove the Trustee, at any time or times, with or without cause, upon thirty (30) days written notice given to the Trustee. Upon the removal of the Trustee, a successor Trustee shall be apPointed in accordance with the terms set forth in Paragraph 8.03. 8.03. Appointment of Successor Trustee, The Trustee may resign at any time upon thirty (30) days written notice given to the Settlor if Settlor is living, or in the event of Settlor's death, upon thirty (30) days written notice given to the current beneficiary or beneficiaries (including a beneficiary's natural or legal guardian or legal representative), hereunder. Upon the death, resignation, removal or incapacity of the Trustee, a successor trustee may be appointed by the Settlor during Settlor's lifetime, or, after Settlor's death, by a majority of the current income 11 beneficiaries. The successor trustee shall be a financially competent corporate trustee. Any successor trustee thus appointed, or, if the Trustee shall merge with or be consolidated with another corporate fiduciary, then such corporate fiduciary, shall succeed to all the duties and to all the powers, including discretionary powers, herein granted to the Trustee. 8.04. Exoneration of Trustee. No Trustee shall be liable for any loss or depreciation in value sustained by the Trust as a result of the Trustee retaining any property upon which there is later discovered to by hazardous materials or substances requiring remedial action pursuant to any federal, state, or local environmental law, unless the Trustee contributed to the loss or depreciation in value through willful default, willful misconduct, or gross negligence. 8.05. Indemnification of Trustee Upon Distribution. Notwithstanding any contrary provision in this Trust Agreement, the Trustee may withhold a distribution to a beneficiary until receiving from the beneficiary an indemnification an agreement in which the beneficiary agrees to indemnify the Trustee against any claims filed against the Trustee as an "owner" or "operator" under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as from time to time amended, or any regulation thereunder. ARTICLE IX. PERPETUITIES CLAUSE 9.01. General Provision. Notwithstanding anything to the contrary in this Trust, each disposition I have made here, legal or equitable, to the extent it can be referred in its postponement of becoming a vested interest to a duration measured by some life or lives in being at the time of my death is definitely to vest in interest, although not necessarily in possession, not later that twenty-one (21) years after such lives (and any period of gestation involved); or, to the extent it cannot be referred in any such postponement to such lives, is to so vest not later than twenty-one (21) years from the time of my death. ARTICLE X. ACQUISITION OF UNITED STATES TREASURY BONDS ELIGIBLE FOR TAX PAYMENT; PAYMENT OF TAXES, FUNERAL EXPENSES, AND EXPENSES OF ADMINISTRATION 10.01. Acquisition of Bonds. The Trustee may, at any time, without the prior approval or direction of the Settlor and whether or not the Settlor is able to manage Settlor's own affairs, acquire United States Treasury Bonds selling at a discount, which bonds are redeemable at their par value plus accrued interest thereon for the purposes of applying the proceeds to the payment of the United States estate tax on the Settlor's estate; and the Trustee may borrow from any lender, including itself, with or without security, to so acquire these bonds. 10.02. Payment of United States Estate Tax by Bond Redemptio, . The Settlor directs that any United States Treasury Bonds which may be redeemed at their par value plus 12 accrued interest thereon for the purpose of applying the proceeds to the payment of the United States estate tax imposed on the Settlofs estate, and which are held by the Trustee, shall, to the extent of the amount determined to be required for payment of the estate tax, be distributed to the legal representative of the Settlor's estate to be used by the legal representative ahead of any other assets and to the fullest extent possible to pay the estate tax. 10.03. Payment of Death Taxes and Other Estate Settlement Cost.~. A~er the Trustee has complied with paragraph 10.02, above, and ascertained from the legal representative that all such bonds have been redeemed in payment of the United States estate tax, the Trustee shall also ascertain from the legal representative whether the legal representative has sufficient assets to pay the remaining legacy, succession,, inheritance, transfer, estate and other death taxes or duties (except the additional estate tax imposed by Section 2032(c), or corresponding provisions of the Internal Revenue Code of 1986 applicable to the Settlor's estate and imposing the tax) levied or assessed against the Settlor's estate (including all interest and penalties thereon), all of which taxes, interest and penalties are herea~er referred to as the death taxes, interest and penalties. If the legal representative advises the Trustee that insufficient funds exist to pay all the death taxes, interest and penalties, the Trustee shall then pay to the legal representative from the trust property, an amount equal to all the death taxes, interest and penalties in excess of the funds available to the legal representative for this purposes, which payments are to be made without apportionment. In making the payments, the Trustee shall use only those assets or their proceeds which are includable in the Settlor's gross estate for purposes of the United States estate tax and shall not impair the marital portion without first exhausting the entire non-marital portion. If the Executor of the Settlor's estate, in such Executor's sole discretion, shall determine that appropriate assets of Settlor's estate are not available in sufficient amount to pay (1) the Settlor's funeral expenses, and (2) expenses of administering the Settlor's estate, the Trustee shall, upon the request of the Executor of the Settlor's estate, contribute from the principal of the trust estate the amount of such deficiency; and in connection with any such action the Trustee shall rely upon the written statement of the Executor of the Settlor's estate as to the validity and correctness of the amounts of any such expenses, and shall furnish funds to such Executor so as to enable such Executor to discharge the same, or to discharge any part of all thereof itself by making payment directly to the person entitled or claiming to be entitled to receive payment thereof. No consideration need be required by the Trustee from the Executor of Settlor's estate for any disbursement made by the Trustee pursuant hereto, nor shall there be any obligation upon such Executor to repay to the Trustee any of the funds disbursed by it hereunder, and all amounts disbursed by the Trustee pursuant to the authority hereby conferred upon it shall be disbursed without any right in or duty upon the Trustee to seek or obtain contribution or reimbursement from any person or property on account of such payment. The Trustee shall not be responsible for the application of any funds delivered by it to the Executor of the Settlor's estate pursuant to the authority herein granted, nor shall the Trustee be subject to liability to any beneficiary hereunder on account of any payment made by it pursuant to the provisions hereof. 13 SCHEDULE "A" SCHEDULE REFERRED TO IN THE~ ANNEXED TRUST AGREEMENT DATED: MARCH~/./t' 2000 FROM ERIKA L. SWARTZENTRUBER, SETTLOR TO COMMUNITY TRUST COMPANY, TRUSTEE PROPERTY DESCRIPTION: 1- COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION FIRST AND FINAL ACCOUNT OF Community Trust Company, the Trustee For TRUST OF ERIKA L. SWARTZENTRUBER (Irrevocable Trust), Start of Trust: Date of Appointment: Accounting for the Period: March 24, 2000 March 24, 2000 March 24, 2000 to December 31, 2001 Purpose of Account: Community Trust Company, Trustee, offers this account to acquaint interested parties with the transactions that have occurred during his/her administration. It is important that the account be carefully examined. Requests for additional information, or questions, or objections, can be discussed with: Bridget M. Whitley, Esq. Keefer, Wood, Allen & Rahal 210 Walnut Street PO Box 11963 Harrisburg, PA 17108-1963 (717) 255 - 8000 Principal Receipts Sales or Other Disposition Summary of Account Page 3 4 Less Disbursements: Fees and Commissions Balance Before Distributions Distributions to Beneficiaries Principal Balance on Hand For Information: Investments Made Changes in Investment Holdings Income Receipts Sales or Other Dispositions Less Disbursements: Balance Before Distributions Distributions to Beneficiaries Income Balance on Hand Combined Balance on Hand For Information: Investments Made Changes in Investment Holdings Principal Unpaid Expenses 5 $ 10 10 11 13 14 15 16 16 9 14~762.77 113,441 .27 0.00 113,441 .27 14~762.77 98,678.50 39~788.24 58,890.26 $ 2,348.94 0.00 $ 2,348.94 0.00 $ 2,348.94 1 ~ 638.03 710.91 $ 59,601 .17 $ 2,320.34 (1) Total Balance on Hand Checking/Savings Accounts Commerce Bank Money Market/CMA Accounts Federated Gov't Obligations Fund #395 Inventory Value $ 2,601 .17 57,000.00 Total $ 59,601 .17 Page 1 (2) Receipts of Principal Assets Received by the Trustee as of 03/24/2000 Date of Inception of Trust. Receipts Subsequent to Inventory 12/14/2000 Initial contribution to trust Total Subsequent Receipts Total Receipts of Principal 113f441 .27 $ $ Inventory Value 113~441 .27 113,441 .27 Page 1 (3) Date Gains and Losses on Sales or Other Dispositions Description Net Gain Total Gains and Losses $ 0.00 $ Net Loss 0.00 Page 1 (4) Date Paid 12/21/2000 02/06/2001 02/09/2001 03/13/2001 o4/11/2OOl 05/09/2001 06/14/2001 07/13/2001 O8/lO/2OOl 09/13/2001 10/11/2001 Disbursements of Principal Fees and Commissions Gates & Associates, P.C. Attorney fees and disbursements Community Trust Company Trustee fee for month ending 12/31/00 Community Trust Company Trustee fee for month ending 1/31/01 Community Trust Company Trustee fee for month ending 2/28/01 Community Trust Company Trustee fee for month ending 3/31/01 Community Trust Company Trustee fee for month ending 4/30/01 Community Trust Company Trustee fee for month ending 5/31/01 Community Trust Company Trustee fee for month ending 6/30/01 Community Trust Company Trustee fee for month ending 7/30/01 Community Trust Company Trustee fee for month ending 8/31/01 Community Trust Company Trustee fee for month ending 9/30/01 13,147 81 90 53 90 73 90 87 79 01 64 45 62 50 62 50 62 50 62 50 62 50 Amount Paid Page 1 (5) Date Paid 11/13/2001 12/14/2001 12/24/2001 Disbursements of Principal (Continued) Fees and Commissions Community Trust Company Trustee fee for month ending 10/31/01 Community Trust Company Trustee fee for month ending 11/30/01 Keefer, Wood, Allen & Rahal, LLP Fees and disbursements in connection with preparing a First and Final Account Total Fees and Commissions Total Principal Disbursements 62.50 62.50 761.87 Amount Paid $ $ 14~ 762.77 14,762.77 Page 2 (6) Distributions of Principal to Beneficiaries Distribution Value Pursuant to "Article 4.04" Under the Trust, the following distributions were made to: MacIntyre CPDJ 12/21/2000 Cash Exercise of special power of appointment by Erika L. Swartzentruber $ 16,788.24 Dale Swartzentruber 03/29/2001 Cash Exercise of special power of appointment by Erika L. Swartzentruber 10,000.00 04/17/2001 Cash Exercise of special power of appointment by Erika L. Swartzentruber 3,000.00 13,000.00 Deirdre Fox 05/02/2001 Cash Exercise of special power of appointment by Erika L. Swartzentruber 2,000.00 05/02/2001 Cash Exercise of special power of appointment by Erika L. Swartzentruber 8,000.00 10,000.00 $ 39,788.24 Total Distributions of Principal to Beneficiaries Page 1 (7) Principal Balance on Hand Checking/Savings Accounts Commerce Bank Fair Market Value as of 12/31/2001 1,890.26 $ Money Market/CMA Accounts Federated Gov't Obligations Fund #395 Total Principal Balance $ 57,000.00 58,890.26 $ Inventory Value 1,890.26 57,000.00 58,890.26 Page 1 (8) Date 12/31/2001 Unpaid Principal Expenses Attorney Fees Gates, Halbruner & Hatch, P.C. Attorney fees in connection with creation, funding and protection of the Trust Total Attorney Fees Total Unpaid Principal Expenses Amount 2r320.34 2r320.34 2,320.34 Page 1 (9) Information Schedules - Principal Investments Made Total Principal Investment Changes in Investment Holdings Cost 0.00 Page 1 (10) Commerce Bank 12/31/00 Interest 01/31/01 Interest 02/28/01 Interest 03/31/01 Interest 04/30/01 Interest 05/31/01 Interest 06/30/01 Interest 07/31/01 Interest 08/31/01 Interest 09/30/01 Interest 10/31/01 Interest 11/30/01 Interest 12/31/01 Interest Fed Automated Gov't Money Trust #44 01/31/01 Dividend 02/28/01 Dividend Federated Gov't Obligations Fund #395 03/1 3/01 Dividend 04/1 2/01 Dividend 04/30/01 Dividend 05/31/01 Dividend 06/30/01 Dividend 07/31/01 Dividend 08/31/01 Dividend 09/30/01 Dividend 10/31/01 Dividend 11/30/01 Dividend 12/31/01 Dividend Total Receipts of Income 64. 72 3 3 1 0 0 0 0 0 0 0 0 59 21 81 26 82 68 68 91 89 64 71 51 41 Receipts of Income 108.23 308.67 67 59 96 60 57 74 16 51 65 24 23 141 190 258 204 183 179 170 145 119 98 88 151 .12 416.90 1 ~ 780.92 2,348.94 Page 1 (11) Date Gains and Losses on Sales or Other Dispositions of Income Assets Description Total Gains and Losses Net Gain 0.00 $ Net Loss 0.00 Page 1 (12) Date Paid Disbursements of Income Amount Paid Total Income Disbursements 0.00 Page 1 (13) Distributions of Income to Beneficiaries Distribution Value Pursuant to "Article 4.02" Under the Trust, the followinq distributions were made to: Erika L. Swartzentruber 03/13/2001 Cash Distribution f/b/o beneficiary; paid to Allegheny Power 56.00 03/13/2001 Cash Distribution f/b/o beneficiary; paid to Household Credit Services for Mastercard payment 140.66 03/14/2001 Cash Distribution f/b/o beneficiary; paid to Verizon 37.74 03/23/2001 Cash Distribution f/b/o beneficiary; paid to Columbia Gas of Pennsylvania 154.87 03/23/2001 Cash Distribution f/b/o beneficiary; paid to Pleasant Glen for apartment and storage garage rent 610.00 08/24/2001 Cash Distribution f/b/o beneficiary; paid to Columbia Gas of Pennsylvania 28.76 08/24/2001 Cash Distribution f/b/o beneficiary; paid to Pleasant Glen for apartment and storage garage rent 610.00 $ 1,638.03 Total Distributions of Income to Beneficiaries $ 1,638.03 Page 1 (14) Income Balance on Hand Checkinq/Savinqs Accounts Fair Market Value as of 12/31/2001 Inventory Value Commerce Bank 710.91 710.91 Total Income Balance 710.91 $ 710.91 Page 1 (15) Information Schedules - Income Investments Made Cost $ 0.00 Total Income Investment Chanqes in Investment Holdinqs Page 1 (16) Unpaid Income Expenses Date Amount Total Unpaid Income Expenses 0.00 Page 1 (17) COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF CUMBERLAND ) Susan A. Russell, Vice President, for Community Trust Company, Trustee, under the Trust ofErika L. Swartzentruber (Irrevocable Trust), hereby declares under penalty of perjury that she has fully and faithfully discharged the duties of her 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 Trust have been paid in full; that, to her knowledge, there are no claims now outstanding against the Trust; and that all taxes presently due from the Trust have been paid. Community Trust Company Trustee Susan A. Russell Title: Vice President Subscribed and Sworn to by Community Trust Company before me this~____-~ay of ~.,~,,~_.~.., ,2002 ~ - -~ot,~ Pu/bli~ I ~ ~~ ~ Ju~ ~, 2~ I COURT OF ~ PLEAS OF CITMBERLAND COUNTY, PENNSYLVANIA ORPHANS' ODURT DIVISION FIRST AND FINAL ACCOUNT OF Community Trust Company, the Trustee For Trust of Erika L. Swartzentruber ( Irrevocable Trust ) KEEFER.WO©D ALLEN & RAFIAL, LLP 210 WALNUT STREET P. O. BOX 11963 HARRISBURG. Pa ~7108-1963 (717) 255-8000 Bridget M. Whitley, Esquire IN THE MATTER OF THE ERIKA L. SWARTZENTRUBER SPECIAL NEEDS TRUST UNDER AGREEMENT DATED 3/24/00 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA · ORPHANS'.COURT DIVISION No. 2002-2.~ STATEMENT OF PROPOSED DISTRIBUTION The following distributions were made prior to the filing of the First and Final Account of the Trustee, Community Trust Company: Pursuant to ARTICLE V, Paragraph 5.01 (c), of the Erika L. Swartzentruber Special Needs Trust, the following amounts were distributed to, or for the benefit of, Erika L. Swartzentruber: Income Cash in the amount of Principal Cash in the amount of $ 5,632.07 $111,911.24 Pursuant to ARTICLE V, Paragraph 5.02, of the Erika L. Swartzentruber Special Needs Trust, the following amounts were distributed pursuant the exercise of a general power of appointment reserved to the Settlors of the Trust: Principal Cash in the amount of $32,000.00 Pursuant to ARTICLE V, Paragraph 5.04, of the Erika L. Swartzentruber Special Needs Trust, the following amounts were distributed pursuant to the exercise of a Broad Special Power of Appointment by the beneficiary, Erika L. Swartzentruber: Principal Cash in the amount of $17,000.00 Pursuant to ARTICLE IX, Paragraph 9.02, the beneficiary, Erika L. Swartzentruber, has removed Community Trust as Trustee. Pursuant to ARTICLE IX, Paragraph 9.03, the beneficiary has appointed Waypoint Bank as successor Trustee. See Exhibit A, attached. Community Trust Company proposes to distribute the principal and income balance on hand to Waypoint Bank, after payment of trustee fees and legal fees, as follows: Community Trust Company - trustee fees for December, 2001 and January and February, 2002 and reserve for preparation of fiscal year 2001 state and federal fiduciary income tax returns: $950.00 Bo Keefer Wood Allen & Rahal, LLP - legal fees and disbursements in connection with filing the accounting: $1,920.00 for fees; $275.00 for disbursements Gates, Halbruner & Hatch, P.C. - legal fees and disbursements in connection with creation, funding and protection of the trust: $9,281.00 D. Waypoint Bank - successor Trustee Fiduciary Market Carrying Value Value Income Cash Principal Cash Jackson National Life Insurance Company Annuity 275.84 275.84 113,993.18 113,993.18 150,000.00 115,133.94 With adjustment for principal and income receipts and disbursements received or made by the Trustee on or after January 1, 2002 through the date of actual distribution to the successor Trustee. The Trust Agreement is attached hereto as Exhibit B. EXHIBIT A 1N THE MATTER OF THE ERIKA L. SWARTZENTRUBER SPECIAL NEEDS TRUST UNDER AGREEMENT DATED 3/24/00 · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · ORPHANS' COURT DIVISION · No. 2002- APPOINTMENT OF SUCCESSOR TRUSTEE OF THE ERIKA L. SWARTZENTRUBER SPECIAL NEEDS TURST WHEREAS, DEIRDRE ANN FOX and DALE M. SWARTZENTRUBER (the "Grantors") have established a Trust entitled The Erika L. Swartzentruber Special Needs Trust dated March 24, 2000 (the "Trust"), naming Community Trust Company (the "Trustee") as Trustee; and WHEREAS, under Article IX, Paragraph 9.02, Erika L. Swartzentruber (the "Beneficiary") has the power to remove the Trustee; and WHEREAS, under Article IX, Paragraph 9.03, the Beneficiary has the power to appoint a Successor Trustee; and WHEREAS, the Beneficiary has exercised her power to remove Community Trust Company as Trustee and now desires to appoint Waypoint Bank as Successor Trustee, NOW, THEREFORE, the parties hereto, intending to be legally bound, hereby agree as follows: 1. Pursuant to Article IX, Paragraph 9.03, the Beneficiary hereby appoints Waypoint Bank as Successor Trustee. 2. Waypoint Bank hereby accepts the position of Successor Trustee for the purposes set forth in the Trust. 3. In all other respects, the Trust remains in full force and effect. day of WITNESS: IN WITNESS WHEREOF, the parties have set their hands and seals this Notarial Seal Heather Nelson, Notary Public. t.?y Commission ~_xplres ........ l wartzen-~tvu~e~ (the "Bq~eficiary") ATTEST: Waypoint Bank By: ~,2~uccessor Trustee -2- COMMONWEALTH OF PENNSYLVANIA · COUNTY OF~- .,~__[:e4q4'vt5 · On this, the ~ day of ~~O-~-4 ,2002, before me, the undersigned officer, personally appeared ERIKA L. SWARTZENTRUBER, 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. [Notarial Seal] Notary Public Notarial Seal Heather Nelson, Notary Public ~ate College Bom, Centre County My Commis..~on Expires Oct. 18, 2004 COMMONWEALTH OF PENNSYLVANIA · SS. On this, the I <~ Jr day of ~_~/~f'tvc~ c-7/ ,2002, before me, the undersigned officer, personally appeared Stephen C. Minana, wllo acknowledged himself to be Vice President of Trust and Investment Services of Waypoint Bank, and that he, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of Waypoint Bank, by himself, as Assistant Vice President. In witness whereof, I set my hand and official seal· ~'.~ [Notarial Seal] Notary Public -3- or^P, at SE^[ P^MEL^ S, WOLFE, Notary Public Cig/of Harrisburg D~uphin Courtly My Corem ssion Expires Dec. 22. 2003 EXHIBIT B COPY THE ERIKA L. SWARTZENTRUBER SPECIAL NEEDS TRUST THIS TRUST AGREEMENT is executed in triplicate on this.~'dt~ day of March, 2000, by and between DEIRDRE ANN FOX, now of 430 Hubler Road, State College, Centre County, Pennsylvania 16801, and DALE M. SWARTZENTRUBER, now of 19519 116th Avenue, Mokema, Illinois 60448 (hereinafter called "Settlors" or "Co-Settlors") and COMMUNITY TRUST COMPANY, a Pennsylvania regulated trust company, now of 1013 Mumma Road, Suite 202~ Lemoyne, Pennsylvania 17043 (hereinafmr called "Trustee"). ARTICLE I. PARTH~S, PERSONAL DATA, DISCLAIMER AND IRREVOCABILITY 1.01. Parties and Personal Data, Settlors, DEIRDRE ANN FOX and DALE M. SWARTZENTRUBER, are the natural mother and father, respectively, of ERIKA L. SWARTZENTRUBER, the Beneficiary of the Trust created herein. Throughout this Agreement: (a) "Co-Settlors" or "Settlors" will refer to DEIRDRE ANN FOX and DALE M. SWARTZENTRUBER; (b) ERIKA L. SWARTZENTRUBER will be referred to as the Beneficiary; and (c) COMMUNITY TRUST COMPANY will be referred to as Trustee. 1.02. Disclaimer. The Trustee shall have the fight to disclaim, in whole or in part, prior to its acceptance by the Trustee, any interests in property for any reason, including but not limited to a concern that such property could cause potential liability under any federal, state, or local environmental law. 1.03. Irrevocability_. Settlors have been advised of the consequences of an irrevocable trust and hereby declare that this Trust shall be irrevocable and shall not be altered, amended, revoked, or terminated by Settlors or any other person or persons. ARTICLE H PURPOSES OF TRUST 2.01. Beneficiary. This Trust is established for the benefit ofERIKA L. SWARTZENTRUBER as well as to preserve assets for distribution to the remaindermen hereunder. It is not the purpose of this Trust that it serve as a primary or main source of income, support or maintenance for ERIKA L. SWARTZENTRUBER In the event of determining priority of interests where there are competing interests, the Trustee shall deem the interests of the beneficiary, ERIKA L. SWARTZENTRUBER, to be superior to those of the remaindermen. 2.02. Supplemental Assistance Limitation of Benefit~. With respect to the Beneficiary, ERIKA L. SWARTZENTRUBER, the express purpose of this Trust is to provide for ERIKA L. SWARTZENTRUBER's extra and supplemental needs, over and above the benefits ERIKA L. SWARTZENTRUBER otherwise receives or may receive in the future as a result of handicap or disability from any local, state, or federal government or from private agencies, any of which provide services or benefits to disabled or otherwise challenged persons. Anything to the contrary herein notwithstanding, no trust income or principal shall be paid to or expended for the benefit of ERIKA L. SWARTZENTRUBER so long as there are sufficient monies available to her for care, comfort, and welfare from federal, state, and local government agencies and departments. The Trustee shall consider such governmental funds in determining whether there are funds available to the Beneficiary' from sources other than the Trust estate and shall use Trust assets only to supplement and never to substitute for such funds. In no event may Trust income or principal be paid to or for the benefit of a governmental agency or department, and the Trust estate shall at all times be free of the claims of such governmental bodies. 2.03. Advocacy. The Trustee shall periodically contact the Settlors, any applicable local associations for citizens with disabling conditions, other relatives, guardian if applicable, and the staff of any group home or other residential facility where ERIKA L. SWARTZENTRUBER resides regarding items and directives of this Trust for her and her well being. ARTICLE ll[. TRUST ESTATE 3.01. Transfer to Trust. Settlors do hereby assign, transfer and deliver to the Trustee and its successors and assigns the property described in Schedule "A" attached hereto and made a part hereof, or as Schedule "A" may be amended. As further evidence of such assignment, the Settlors have executed or will execute or cause to be executed such other instruments as may be required for the purposes of completing the assignment or transfer of title to such property to the Trustee. The Trustee accepts such transfer and assignment to itself as Trustee, and undertakes to hold, manage, invest and reinvest the assets of this Trust, and to distribute the income and principal of the Trust in accordance with the provisions of this Agreement. 3.02. Additional Transfers to Trust. The Settlors, and any other person, with the consent of the Trustee, shall have the right at any time to make additions to the corpus of this Trust or any shares thereof hereby established. All such additions shall be held, controlled, and distributed by the Trustee in accordance with the terms and conditions of this Agreement. 2 ARTICLE IV. LIFE INSURANCE POLICIES 4.01. Transfers of Life Insurance to Trust_. If any insurance policies are transferred into this Trust, the Trustee shall be vested with all right, title, and interest in and to the transferred policies of insurance, and is authorized and empowered to exercise and enjoy, for the purposes of the Trust herein created and as absolute owner of such policies of insurance, all the options, benefits, rights and privileges under such policies, including the right to borrow upon and to pledge them for a loan or loans. The Trustee takes all rights, title, and interest in and to such insurance policies subject to any prior split-dollar life insurance agreement which may be in effect at the time of the transfer. The insurance companies which have issued such policies are hereby authorized and directed to recognize the Trustee as absolute owner of such policies of insurance and as fully entitled to all options, rights, privileges, and interests under such policies, and any receipts, releases, and other instruments executed by the Trustee in connection with such policies shall be binding and conclusive upon the insurance companies and upon all persons interested in this Trust. 4.02. Payment of Premiums. It is the intention of the Settlors to pay any and all premiums, assessments or other charges necessary to keep each policy included in the Trust in force unless such premiums shall be paid by the insured thereunder (where the insured is someone other than either or both of the Settlors) or in some other manner, but the Settlors shall be under no duty in this respect and shall incur no liability to the beneficiaries of the Trust or to any other person if the Settlors shall permit any such policy to lapse for nonpayment of premiums, assessments or charges, or otherwise permit any such policy to become uncollectible. The Trustee shall be under no obligation to pay the premiums which may become due and payable under the provisions of any policy of insurance which may be transferred or assigned to this Trust, or to make certain that such premiums are paid by the transferor of such policy, or to notify any persons of the nonpayment of such premiums, and the Trustee shall be under no responsibility or liability of any kind in case such premiums are not paid, except that the Trustee shall apply any dividends received by the Trustee on such policies to the payment of premiums thereon. Upon notice at any time during the continuance of this Trust that the premiums due upon such policies are in default, or that premiums which will become due will not be paid, either by the transferor or by any other person, the Trustee, within its sole discretion, may apply any cash values attributable to such policy to the purchase of paid-up insurance or of extended insurance, or may borrow upon such policy for the payment of premiums due thereon, or may accept the cash values of such policy upon its forfeiture. In the event that the Trustee receives the cash value of such policy upon its forfeiture for nonpayment of premiums, the amount received shall be added to the corpus of this Trust, and shall be administered according to the terms of this Agreement. If the insured under such policies of insurance, becomes totally and permanently disabled within the meaning of any policies and because thereof the payment of premiums, or any of them, shall, during the pendency of such disability, be waived, the Trustee, upon receipt of such knowledge, shall promptly notify the insurance company which has issued such policies, and shall take any and all steps necessary to make such waiver of premium provision effective. 4.03. Rights in the Life ln.nurance Reserved to Settlors. The following fights, exercisable without the consent of the Trustee or the beneficiaries of the Trust, are expressly reserved by the Settlors during either or both of the Settlors' lifetimes with respect to each policy included in the Trust insuring the life of either Settlor and owned by either of both of the Settlors and made payable to the Trustee hereunder: (i) to exercise all options, elections, rights and privileges accorded to the Settlors under the terms of any such policy, (ii) to obtain all or any part of the loan value of any such policy, (iii) to use any such policy as collateral For a loan, (iv) to sell, assign or pledge any such policy, (v) to receive any dividends, distributive shares of surplus earnings, disability benefits, surrender values or the proceeds of matured endowments, (vi) to change the named beneficiary to whom the proceeds of such policy are payable on the insured's death, and (vii) to convert any or all policies into other forms of insurance or annuities or to permit the same to lapse. The Trustee agrees to execute any and all instruments that may be necessary to permit the exercise of any such right by either or both of the Settlors, without liability to anyone for so doing. Upon the maturity of any life insurance policy included in the Trust, whether at the insured's death or at any other time, the Trustee shall collect the proceeds thereof. 4.04. Duties of Trustee Reilardine the Life ln,~urancc. The Trustee shall be under no obligation or duty whatsoever except with respect to the safekeeping of such policies of insurance and the duty to receive such sums as may be paid to it, in accordance with the requirements of this Trust, by the companies issuing such policies, and to hold, manage and disburse such proceeds subject to the terms of this Agreement. Upon the death of the insured, the Trustee shall make reasonable efforts to carry out the provisions of this Agreement. inc!uding the maintenance or defense of any suit, provided, however, the Trustee shall be under no duty to maintain or enter into any litigation unless its expenses, including counsel fees and costs, have been advanced or guaranteed in an amount and in a manner reasonably satisfactory to it. The Trustee may repay any advances made by it or reimburse itself for any such fees and costs from any corpus or income of this Trust. ARTICLE V. DISTRIBUTIONS FROM TRUST 5.01. .Distributions Durint~ Continuation of Trust. Subject to the termination of this Trust, the trust estate shall be held for the benefit of the Beneficiary, ERIKA L. SWARTZENTRUBER, for her lifetime, together with any other assets received by the Trustee, for the following uses and purposes: 4 (a) This Trust is established for the purpose of improving the quality of life of the Beneficiary, ERIKA L. SWARTZENTRUBER, for and during all the term of her natural life. As the result of a motor vehicle accident and the future natural physical and mental deteriorations of age, the Beneficiary, ERIKA L. SWARTZENTRUBER, suffers from and may continue to suffer fi'om substantial physical disabilities and, as a further result, may require additional medical care. She may be entitled to benefit from various governmental programs which provide for her basic or supplemental care. It is the purpose of this Trust to provide the Beneficiary, ERIKA L. SWARTZENTRUBER, with a higher quality of life beyond that which would be prov/ded by these public entitlement programs and to provide her with a proper funeral and burial. (b) Settlors' intent in creating this Trust is that the Trustee use the Trust created herein to promote the happiness, welfare and benefit of the Beneficiary, ERIKA L. SWARTZENTRUBER, through income and principal distributions, without in any way reducing the services or financial assistance and basic maintenance, support, medical or dental care which the Beneficiary may receive without charge from any local, state or federal government agency or department thereof, and without using any portion of the Trust income or principal to reimburse any local, state or federal government agency or department thereof for basic maintenance, support, medical or dental care received by the Beneficiary. Settlors' intent is that the Trust income and principal is not to be considered income, assets, nor resources of the Beneficiary, for any purpose, including but not limited to, the determination of income, assets or resources as stated in any rules or regulations set forth in any local, state or federal government agency or department thereof.. In the event the Trustee is requested by any department or agency to release principal or income of the Trust to or on behalf of the Beneficiary to pay for equipment, medication or service which other organizations or agencies are authorized to provide, or in the event the Trustee is requested by any department or agency administering such benefits to petition the Court or any other administrative agency for the release of Trust principal or income for this purpose, the Trustee shall deny such request and is directed to defend at the expense of the Trust estate, any contest or other attack of any nature. (c) The Trustee shall distribute to the Be~.~e, ficiary, ERIKA L. SWARTZENTRUBER, or expend and apply for,l~"benefit, so much of or all of the income and principal of this Trust, as the Trustee, in its sole and absolute discretion, determines to be advisable for the Beneficiary's special needs for happiness and comfort to achieve the purpose of the Trust herein set forth. The "special needs" which the Trustee may provide to the Beneficiary, ERIKA L. SWARTZENTRUBER, include but are not limited to spending money, additional food, clothing, gifts on her birthday and major holidays, small 5 appliances that would provide the Beneficiary with entertainment or amusement, computer equipment, camping excursions, vacations, athletic contests, movies, trips, money to purchase appropriate glt~s for relatives and friends, any recreational items that would be of use to her and other monetary requirements to enhance her self-esteem or situation. "Special needs" shall also include medical and dental expenses, annual independent check-ups, rehabilitation and physical therapy equipment, programs of'training, education, treatment, physical therapy and rehabilitation, private residential care, eye glasses, transportation (including vehicle purchase), maintenance, and insurance (including payment of premiums of insurance on the life of the beneficiary) and other requisites for maintaining the good health, safety, and welfare of the Beneficiary when, in the discretion of the Trustee, such requisites are not being provided by any public agency, office, or department of any state or of the United States. Nothing herein shall preclude the Trustee from purchasing those services and items which promote the Beneficiary's happiness, comfort and welfare. The Trustee shall also have authority in its absolute and sole discretion to make gifts to any community residence in which the Beneficiary may be residing. (d) Any net income not expended for or applied to the special needs of the Beneficiary, ERIKA L. SWARTZENTRUBER, shall be accumulated and added to the Trust principal. (e) The Trustee shall have no obligation to expend Trust assets for the Beneficiary's special needs, but if the Trustee, in its sole discretion, decides to expend Trust assets, under no circumstances should any amounts be paid to, or reimbursed to, the federal government, any state, or any governmental agency for any purpose, including for the care, support, and maintenance of the Beneficiary. This Trust is created expressly for the Beneficiary's extra and supplemental care, maintenance, support and education in addition to, and over and above the benefits she otherwise receives or may receive as a result of handicap or disability, from any local, state or federal government, or from any other private agency, any of which provides service or benefits to persons with disabilities. It is Settlors' express purpose that this Trust be used only to supplement other benefits that the Beneficiary may receive. (f) Because the Beneficiary may be dependent on the support and aid of others, the Trustee shall, in the exercise of its best judgement and fiduciary duty, seek support and maintenance for her, or request the guardian or any other agent of the Beneficiary to seek support and maintenance for her, from all available public resources, including, but not limited to, Social Security Administration benefits, the Supplemental Security Income Program (SSI), any such supplemental income program offered by or through the Commonwealth of Pennsylvania, the Old Age Survivors and Disability Insurance or successor programs, U.S. Civil Service Commission benefits, Medicaid, and Federal Social Security Disability Insurance (SSDI), and any other comparable programs, state, federal, or local. The Trustee shall take into consideration applicable resource and income limitations of any public assistance programs for which the Beneficiary is eligible when determining whether or not to make any discretionary distributions. In carrying out the provisions of this Article, the Trustee shall be mindful of the probable future needs of the remaindermen of this Trust. If necessary, the Trustee may seek appropriate authority to collect, expend, and account for separately all such governmental assistance benefits, but shall not commingle them with these Trust assets. In addition, in making distributions for the special needs of the Beneficiary, the Trustee shall take into consideration the applicable resource limitations of the public assistance programs for which he is or may become eligible. (g) The Trustee shall regard this Trust as existing for the welfare and benefit of the Beneficiary, ERIKA L. SWARTZENTRUBER. Accordingly, the Trustee shall exercise its discretion as to disbursements and investments with this standard in mind. Consistent with the purpose of this Trust, the Trustee may, at its discretion, develop a life plan for the Beneficiary under the advice and consent of the Beneficiary, ERIKA L. SWARTZENTRUBER, provided that the Beneficiary is capable of assisting with the life plan, otherwise the Trustee may do so without the Beneficiary's advice and consent. It is intended that the Trustee read the life plan and use it as guidance in administering this Trust according to the terms set forth herein. In no event shall the life plan be binding upon the Trustee or otherwise diminish the Trustee's discretion as described herein. (h) The Trustee shall exercise reasonable diligence. However, the Trustee shall not be liable for any acts or omissions done or performed in good faith. (i) The Trustee shall not be required to make an accounting to any public official except to the extent otherwise required by law. The Trustee shall, however, keep and maintain complete and open accounts of the Trust principal and income and any expenditures from the Trust. Anyone having an interest in the Trust shall have a right to inspect the accounts at reasonable times and with reasonable notice to the Trustee. All discretion conferred on the Trustee shall be absolute and unlimited, and its exercise by the Trustee shall be conclusive and binding on all persons. (j) The Trustee shall pay reasonable burial expenses including a suitable grave marker for the Beneficiary, ERIKA L. SWARTZENTRUBER. 5.02. General Power of Appointment. Until such Termination of this Trust as described in Paragraph 5.03, Settlors, DEIRDRE ANN FOX and DALE M. SWARTZENTRUBER, are jointly hereby granted the general power to appoint some or all of the principal of this Trust to themselves, their estates, or any other individual, in such proportions and upon such terms (in trust, outright ghSs, or in any other manner) as each deems advisable, subject to the Beneficiary, ERIKA L. SWARTZENTRUBER's approval as described below. This power shall not be exercisable under their respective Wills. This power may not be exercised without the written confirmation of the Beneficiary, ERIKA L. SWARTZENTRUBER, in acceptance of the proposed exercise. The Beneficiary, ERIKA L. SWARTZENTRUBER, shall have the authority to designate or appoint any other individual to exercise this general power of appointment provided that such individual is not a creditor, the agent or representative of a creditor, a state agency or institution, or any legally responsible relative or individual who may be required to provide funds for her care. The nomination of an individual to exercise the general power of appointment may be designated by the Beneficiary's Will subject to the same terms and limitations of any other individual having the general power to appoint under this section and such nominated individual shall enjoy the general power of appointment unrestricted by approval of any withdrawal provided that such nominated individual is appointed under the Beneficiary's Will. The Beneficiary is not required to appoint any such individual and this power shall not be exerciseable by her attorney-in-fact. The Beneficiary, ERIKA L. SWARTZENTRUBER, shall have the authority to withdraw or remove any individual named herein as having power to exercise the general power of appointment and, upon such withdrawal or removal, that individual shall no longer be able to exercise the general power of appointment. This Power shall terminate upon the finding that any individual granted a general power of appointment is treated as a legally responsible relative or legally responsible individual to provide for any support, care, health or welfare costs for the Beneficiary, ERIKA L. SWARTZENTRUBER. 5.03. Distributions Upon Termination of Trust. The Trust shall terminate upon the death of the Beneficiary, ERIKA L. SWARTZENTRUBER. Upon termination, the then- remaining trust estate shall be distributed as follows: (1) The sum of Fii~y Thousand and 00/100 ($50,000.00) Dollars shall be distributed, without trust, to Settlor, DEIRDRE ANN FOX, if she survives the termination of the trust, otherwise the gift shall lapse; (2) The sum of Fifty Thousand and 00/100 ($50,000.00)Dollars shall be distributed, without trust, to Settlor, DALE M. SWARTZENTRUBER, if he survives the termination of the trust, otherwise the gift shall lapse; and, (3) The balance of the trust estate shall be held in further trust for the benefit of Beneficiary's sister, ALLISON V. FOX, provided that the distribution for ALLISON V. FOX shall be held, IN FURTHER TRUST, for the benefit of ALLISON V. FOX (hereunder "the Beneficiary") as follows: (a) Until the Beneficiary attains the age of twenty-two (22) years of age, to pay any part or all of the income to, or for the benefit of, the Beneficiary, or to accumulate any part or all of the income, which in the sole discretion of the Trustee is determined to be reasonably necessary for the Beneficiary's needs for health, education, support and maintenance. Any income not so paid shall be added to the principal of the Trust. To the extent possible, all payments of principal or income shall be paid directly to the third- party for the benefit of the Beneficiary rather than directly to the Beneficiary. (b) After the Beneficiary has attained the age of twenty-two (22) years, to pay all of the income to, or for the benefit off the Beneficiary in such periodic installments as the Trustee and the Beneficiary shall agree, but at least monthly. To the extent possible, all payments of principal or income shall be paid directly to the third party for the benefit of the Beneficiary rather than directly to the Beneficiary. (c) To pay to, or for the benefit of, the Beneficiary at any time or times prior to the termination of the Beneficiary's separate Trust, such sums from or any part or all of the principal as the Trustee may, in its sole discretion, determine to be reasonably necessary for the Beneficiary's needs for health, education, support and maintenance. To the extent possible, all payments of principal or income shall be paid directly to the third party for the benefit of the Beneficiary rather than directly to the Beneficiary. (d) To pay to, or for the benefit of, the Beneficiary, upon her attaining the age of thirty (30), up to one-third (1/3), cumulatively, of the then-current principal of her trust. (e) To pay to, or for the benefit of, the Beneficiary, upon her attaining the age of thirty-five (35), up to one-half (½), cumulatively, of the then-remaining principal of her trust. (f) To pay to, or for the benefit of, the Beneficiary, upon her attaining the age of forty (40), the entire principal of her trust remaining at that time. (g) Upon the death of the Beneficiary prior to her fortieth (40th) birthday, the Trustee shall pay the remaining principal, if any, to the predeceased Beneficiary's then- living issue, or if the Beneficiary has no such issue, then the remaining principal shall be distributed, in equal shares, to the Settlors, DEIRDRE ANN FOX and DALE M. SWARTZENTRUBER, per stirpes, provided that any distribution to Settlors' issue shall be added to the Beneficiary's separate trust ifa trust is then in existence. 5.04. Broad Snecial Power of Appointment. ERIKA L. SWARTZENTRUBER is hereby granted the special power to appoint, at any time and from time to time, the principal of this Trust, in whole or in part, and in any manner and in such proportions as she individually deems advisable to whomever either desires. This power shall be exercisable by her through her Will, specifically referring to this special power of appointment in this paragraph 5.04 of this Trust. This special power of appointment does not grant to her the power to appoint the principal 9 of this trust to herself, her estate, her creditor, or the creditors of her estate. If she fails, either in whole or in part, to exercise this special power of appointment herein granted, the unappointed principal shall continue in trust and shall be administered according to the terms of this trust. ARTICLE VI. POWERS OF TRUSTEE 6.01. Management of the Trust. (A) Beneficiary's power to direct investments. Beneficiary shall have the power in a fiduciary capacity to direct the Trustee to purchase, sell, exchange, or otherwise acquire or dispose of assets. In the case ora variable life insurance or annuity policy, Beneficiary shall have the power in a fiduciary capacity to direct the investm.ent of the cash value of the policy among the investment fund options provided in the policy. During the Beneficiary's lifetime, the Trustee shall not exercise any of the Trustee's powers over these matters without receiving written directions from the Beneficiary. Notwithstanding the Beneficiary's authority or the Trustee's limitations, contained in this section, if the Trustee, in the exercise of its fiduciary duties, is required (1) to make a discretionary or non-discretionary distribution to a trust beneficiary, (2) to pay trustee's fees, (3) to pay any taxes relating to the trust, or (4) to pay any other costs or disbursements relating to the trust, the Trustee shall provide the Beneficiary written notice of such payment and an estimate of the liquidity requirements, and the Beneficiary shall have fifteen (15) calendar days (from the mailing of the notice) to advise the Trustee which trust assets to liquidate in order to make the payment and meet the liquidity requirements. If the Beneficiary does not provide the advice to the Trustee within the fifteen (15) day period, then the Trustee is authorized to liquidate those trust assets which it deems appropriate to meet the liquidity requirements based on the Prudent Investor Rule contained in section 5.01(B). During the Beneficiary's lifetime and unless the foregoing powers have been relinquished, the Trustee shall have no duty to review investments or to suggest investments and shall not be liable to any beneficiary of this trust or any heir of the Settlor for losses resulting from such investments or from failure to make investments while the Beneficiary retains these powers. Beneficiary, unless having relinquished this duty in writing, retains the obligation to review investments or make investment suggestions. Beneficiary may release her power to control trust investments by written instrument delivered to the Trustee and may reassume the power at any time by written instrument delivered to the Trustee. If the Beneficiary dies or the Trustee receives certificates of two state licensed physicians that Beneficiary cannot exercise any of these powers, Beneficiary shall be deemed to have released the powers and the Trustee shall have full power to take any such action, subject to the terms and conditions of the Prudent Investor Rule. Beneficiary shall be deemed to 10 have reassumed the powers if the Trustee receives certificates from two licensed physicians that Beneficiary has recovered the ability to exercise the powers. Beneficiary acting under this clause shall be deemed to have waived the doctor-patient privilege to the extent necessary to implement this clause. Failure of physician to comply with the Trustee in requests for information shall be deemed to be a release of the Beneficiary's retained authority to review accounts and make investment suggestion until such time as the physician complies. Any person may transact business with the Trustee without inquiring whether the Beneficiary has directed the action and without inquiring whether the Settlor has relinquished or become unable to exercise the power. (B) Incorporation of Prudent Investor Rul~, Unless otherwise directed herein, the Trustee shall be subject to the Prudent Investor Rule (the "Pill") as adopted by the Commonwealth of Pennsylvania at 20 Pa.C.S.A, §7201 et. seq., as hereby enacted or subsequently amended, to manage and invest the assets of the trust. The Settlors desire that the Trustee, consistent with the standards of the PIR, continuously assess the appropriate investment risk tolerance of the trust beneficiaries, and then invest the trust assets consistent with the purposes, terms, and other circumstances of the Trust and shall pursue an overall investment strategy reasonably suited to the Trust and the expressed intent of the Settlors. The Settlors believe, consistent with modem portfolio theory, that the trust total investment return will be determined primarily by the trust's asset allocation; not market timing or active management in security selection. The Settlors believe that the trust should diversify its investments with regard to assets classes and individual securities to avoid uncompensated risk. The Settlors do not intend to prohibit the Trustee from engaging in active management of trust assets where the Trustee reasonably believes active management can aid in achieving the desired balance between risk and return and the intent of the Trust. (C) Creation of Investment Policy Statement. The Settlors direct that any Trustee, in managing and investing the assets of the trust estate, establish, in writing, an appropriate investment policy statement. The investment policy statement shall be reviewed and updated at least annually. In making the investment policy statement, the Trustee shall consider and the Beneficiary shall address such issues as: the size of the trust assets; the intended duration of the trust; liquidity demands and schedules; the duration of the fiduciary relationship; the expected tax consequences of decisions and distributions between income and principal; the role each investment will play in the overall investment strategy; the special value or relationship of any particular asset to the overall intent of the trust; and, to the extent reasonably known, the income and resources of the beneficiaries and related trusts. 11 (D) Employment of and Delegation to Investment Aeent. The Trustee may retain any professional investment counsel of the Trustee's chOice or delegate investment responsibilities to any professional investment agent for any reason and regardless of the Trustee's own skills concerning investments; provided, however, a counsel so selected shall be either registered as an investment adviser with the U.S. Securities and Exchange Commission or a state chartered or national bank with fiduciary powers. If investment counsel is retained, the Trustee shall abide by the counsel's decision but shall .not be held liable or otherwise surcharged for losses directly attributable to investments made on the investment counsel's advise. While the Trustee retains investment counsel, the Trustee shall not be required to review trust investments or take action on trust investments unless the Trustee receives written instructions from investment counsel. The Trustee may, but shall not be required to demand a bond from any professional investment counsel or agent. The Trustee shall have the power exercisable in the Trustee's discretion to discharge such investment counsel and to employ other counsel or to administer the trust without such counsel. Consistent with the standards of the P]R, the Trustee shall have the responsibility to prudently select any investment counsel, to periodically review the performance of any investment counsel and to take appropriate action if apprized of facts clearly indicating that counsel is not performing competently. Furthermore, the Trustee shall not be held liable for any actions of the professional investment counsel or agent provided that the Trustee has exercised reasonable care in selecting such agent or counsel and has established a specific scope and term of delegation or responsibility for such professional counsel or agent. (E) Nonliabilitv of Settlors for Directed Investments~ The Settlors shall not be liable to any beneficiary or to any heir for the Beneficiary's acts or failure to act, except for willful misconduct or gross negligence, in directing the investments of the trust. (F) Beneficiary Directed Investmentv. Upon the death of the Beneficiary, the Trustee shall assume responsibility of investment management. However, the then-current income beneficiaries may select, in writing delivered to the Trustee, either the investments or the investment counsel for the Trust, provided that all income beneficiaries must agree to such listed investments and counsel in writing to the Trustee under such terms and conditions as the Trustee may require including but not limited to indemnification agreements. If the income beneficiaries under the Trust assume or otherwise accept such responsibility, then the Trustee shall be exempt from claims of the remaindermen for the investment decisions made by such beneficiaries or their investment counsel. 6.02. General Powers. In addition to such other powers and duties as may have been granted elsewhere in this Trust, but subject to any limitations contained elsewhere in this Trust, the Trustee shall have the following powers and duties: (A) In the management, care and disposition of this Trust, the Trustee shall have the 12 power to do all things and to execute such deeds, mortgages, instruments, and documents as may be deemed necessary and proper, including the following powers, ail of which may be exercised without order of or report to any court: (1) To sell, exchange, or otherwise dispose of any property, reai, personai or mixed, at any time held or acquired hereunder, at public or private sale, for cash or on terms, without advertisement, including the right to lease for any term notwithstanding the period of the Trust, and to grant options, including an option for a period beyond the duration of the Trust; and to execute such deeds or other instruments as are necessary. (2) To invest and reinvest ail or any part of the Trust Estate in any common or preferred stocks, shares of investment trusts and investment companies, bonds, debentures, mortgages, deeds of trust, mortgage participations, notes, reai estate, or other property the Trustee, in the Trustee's discretion, selects; provided that the Trustee may not invest in any stock or securities issued by the corporate Trustee or issued by a parent or affiliate company of such Trustee; in the manner that, under the circumstances then prevailing (specificaily including, but not limited to, the generai economic conditions and the anticipated needs of the Trust and its beneficiaries), persons of skill, prudence, and diligence, acting in a similar capacity and familiar with those matters would use in the conduct of an enterprise of similar character and similar aims, to attain the Settlor's goals under this trust agreement. (3) To retain for investment any property deposited with the Trustee hereunder. (4) To vote in person or by proxy any corporate stock or other security and to agree to or take any other action in regard to any reorganization, merger, consolidation, liquidation, bankruptcy or other procedure or proceedings affecting any stock, bond, note or other security held by this Trust. (5) To use lawyers, real estate brokers, accountants and other agents, if such employment is deemed necessary or desirable, and to pay reasonable compensation for their services. (6) To compromise, settle or adjust any claim or demand by or against the Trust and to agree to any rescission or modification of any contract or agreement affecting the Trust. (7) To renew any indebtedness, as well as to borrow money, and to secure the same by mortgaging, pledging or conveying any property of the Trust, 13 including the power to borrow from the Trustee (in the Trustee's individual capacity) at a reasonable rate of interest. (8) To retain any business interest transferred to the trustee, as shareholder, security holder, creditor, partner or otherwise, for any period of time whatsoever, even though the interest may constitute all or a large portion of the trust principal; to comply with the provisions of any agreement restricting transfer of the interest; to participate in the conduct of the related business or rely upon others to do so, and to take or delegate to others discretionary power to take any action with respect to its management and affairs which an individual could take as outright owner of the business or the business interest, including the voting of stock (by separate trust or otherwise regardless of whether that separate trust will extend for a term within or beyond the term of the trust) and the determination of all questions of policy; to execute and amend partnership agreements; to participate in any incorporation, reorganization, merger, consolidation, sale of assets, recapitalization, liquidation or dissolution of the business, or any change in its nature, or in any buy-sell, stock restriction, or stock redemption agreements; to invest in additional stock or securities of, or make secured, unsecured, or subordinated loans to, the business with trust funds; to take all appropriate actions to prevent identify, or respond to actual or threatened violations of any environmental law or regulation thereunder; to elect or employ with compensation, as directors, officers, employees, or agents of the business, any persons, including a trustee of any trust held under this instrument, or any director, officer, employee, or agent ora corporate trustee of any trust held under this instrument, without adversely affecting the compensation to which that trustee would otherwise be entitled; to rely upon reports of certified public accountants as to the operations and financial condition of the business, without independent investigation; to deal with and act for the business in any capacity (including in the case of a corporate trustee any banking or trust capacity and the loaning of money out of the trustee's own funds) and to be compensated therefor; and to sell or liquidate the business or any interest in the business. (9) To register any stock, bond or other security in the name of a nominee, without the addition of words indicating that such security is held in a fiduciary capacity, but accurate records shall be maintained showing that the stock, bond or other security is a trust asset and the Trustee shall be responsible for the acts of the nominee. (10) To set aside as a separate trust, to be held and administered upon the same terms as those governing the remaining trust property, any interests in property, for any reason, including but not limited to a concern that such property could cause potential liability under any federal, state, or local environmental law. (B) Whenever the Trustee is directed to distribute any trust principal in fee simple to a person who is then under twenty-one (21) years of age, the Trustee shall be authorized to hold such property in trust for such person until he becomes twenty-one (21) years of age, and in the meantime shall use such part of the income and the principal of the Trust as the Trustee may deem necessary to provide for the proper support and education of such person in the standard of living to which he has become accustomed. If such person should die before becoming twenty- one (21) years of age, the property then remaining in trust shall be distributed to the personal representative of such person's estate. (C) In making distributions from the Trust to or for the benefit of any minor or other person under a legal disability, the Trustee need not require the appointment of a guardian, but shall be authorized to pay or deliver the distribution to the custodian of such person, to pay or deliver the distribution to such person without the intervention of a guardian, to pay or deliver the distribution to the legal guardian of such person if a guardian has already been appointed, or to use the distribution for the benefit of such person. (D) In the distribution of the Trust and any division into separate trusts and shares, the Trustee shall be authorized to make the distribution and division in money or in kind or in both, regardless of the basis for income tax purposes of any property distributed or divided in kind, and the distribution and division made and the values established by the Trustee shall be binding and conclusive on all persons taking hereunder. The Trustee may, in making such distribution or division allot undivided interests in the same property to several trusts or shares. (E) If at any time the total fair market value of the assets of any trust established or to be established hereunder is so small that the Trustee's annual fee for administering the trust would be equal to or less than the minimum annual fee set forth in the Trustee's regularly published fee schedule then, in effect, the Trustee in its discretion shall be authorized to terminate such trust or to decide not to establish such trust, and in such event the propem, then held in or to be distributed to such trust shall be distributed to the persons who are then o'r would be entitled to the principal and/or income of such trust. If the amount of principal and/or income to be received by such persons is to be determined in the discretion of the Trustee, then the Trustee shall distribute the property among such of the persons to whom the Trustee is authorized to distribute principal and/or income, and in such proportions, as the Trustee in its discretion shall determine. (F) The Trustee shall be authorized to lend or borrow at an adequate rate of interest and with adequate security and upon such terms and conditions as the Trustee shall deem fair and equitable. (G) The Trustee shall be authorized to sell or purchase, at the fair market value as determined by the Trustee, any Trust property. 15 (H) The Trustee shall have discretion to determine whether items should be charged or credited to income or principal or allocated between income and principal as Trustee may deem equitable and fair under all the circumstances, including the power to amortize or fail to amortize any part or all of any premium or discount, to treat any part or all of the profit resulting fi.om the maturity or sale of any asset, whether purchased at a premium or at a discount, as income or principal or apportion the same between income and principal, to apportion the sales price of any asset between income and principal, to treat any dividend or other distribution on any investment as income or principal or to apportion the same between income and principal, to charge any expense against income or principal or apportion the same, and to provide or fail to provide a reasonable reserve against depreciation or obsolescence on any asset subject to depreciation or obsolescence, all as the Trustee may reasonably deem equitable and just under all of the circumstances. (I) The Trustee is hereby authorized and empowered to purchase such insurance policies as it deems appropriate. 6.03. Votine by Trustees. When the authority and power under this Trust is vested in two (2) or more Trustees or Co-Trustees, the authority and powers are to be held jointly or individually by the Trustees or Co-Trustees. 6.04. Trustees Power to Deal with Environmental Ha_z_a_rdsj The Trustee shall have the power to use and expend the trust income and principal to (i) conduct environmental assessments, audits, and site monitoring to determine compliance with any environmental law or regulation thereunder;, (ii) take all appropriate remedial action to contain, clean up or remove any environmental hazard including a spill, release, discharge or contamination, either on its own accord or in response to an actual or threatened violation of any environmental law or regulation thereunder; (iii) institute legal proceedings concerning environmental hazards or contest or settle legal proceedings brought by any local, state, or federal agency concerned with environmental compliance, or by a private litigant; (iv) comply with any local, state or federal agency order or court order directing an assessment, abatement or cleanup of any environmental hazards; and (v) employ agents, consultants and legal counsel to assist or perform the above undertakings or actions. Any expenses incurred by the trustee under this paragraph may be charged against income or principal as the trustee shall determine. ARTICLE VII. SPENDTHRIFT PROVISION 7.01. General Provisions. No beneficiary shall have the power to anticipate, encumber or transfer his interest in the Trust Estate in any manner other than by the valid exercise of a Power of Appointment. No part of the Trust Estate shall be liable for or charged with any debts, contracts, liabilities or torts of a beneficiary or subject to seizure or other process by any creditors 16 of a beneficiary, including but not limited to creditors who are public or private entities with claims arising from the provision of medical and/or residential care and services. ARTICLE VIIL CONSTRUCTION OF TRUST 8.01. Choice of La__.~w. This Trust shall be administered and interpreted in accordance with the laws of the Commonwealth of Pennsylvania. 8.02. Code. Unless otherwise stated, all references in this Trust to section and chapter numbers are to those of the Internal Revenue Code of 1986, as amended, or corresponding provisions of any subsequent federal tax laws applicable to this Trust. 8.03. Other Terms. Unless the context Otherwise requires, the use of one or more genders in the text includes all other genders, and the use of either the singular or the plural in the text includes both the singular and the plural. 8.04. Exoneration of Trustee. No Trustee shall be liable for any loss or depreciation in value sustained by the Trust as a result of the Trustee retaining any property upon which there is later discovered to by hazardous materials or substances requiring remedial action pursuant to any federal, state, or local environmental law, unless the Trustee contributed to the loss or depreciation in value through willful default, willful misconduct, or gross negligence. 8.05. Indemnification of Trustee Upon Distribution, Notwithstanding any contrary provision in this Trust Agreement, the Trustee may withhold a distribution to a beneficiary until receiving from the beneficiary an indemnification an agreement in which the beneficiary agrees to indemnify the Trustee against any claims filed against the Trustee as an "owner" or "operator" under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as fi'om time to time amended, or any regulation thereunder. 8.06. Captions. The underlined captions set forth in this Agreement at the beginning of the various divisions hereof are for convenience of reference only and shall not be deemed to define or limit the provisions hereof or to affect in any way their construction and application. 8.07. Situs of Trust. The Trust shall have its legal situs at Cumberland County, Pennsylvania. ARTICLE IX. COMPENSATION OF TRUSTEE AND APPOINTMENT OF SUCCESSOR TRUSTEE 9.01. Compensation. The Trustee shall receive as its compensation for the services performed hereunder that sum of money which the Trustee normally and customarily charges for 17 performing similar services during the time which it performs these services. 9.02. Removal of Trustee,. The Beneficiary, ERIKA L. SWARTZENTRUBER, may remove the Trustee at any time or times, with or without cause, upon thirty (30) days' written notice given to the current Trustee. Upon the removal of the Trustee, a successor Trustee shall be appointed in accordance with the terms set forth in Paragraph 9.03. 9.03. Successor Trustee. The Trustee may resign at any time upon thirty (30) days' written notice given to the Settlors, DEIRDRE ANN FOX and DALE M. SWARTZENTRUBER and the Beneficiary, ERIKA L. SWARTZENTRUBER. Upon the death, resignation, removal or incapacity of the Trustee, a successor trustee may be appointed by the Beneficiary, ERIKA L. SWARTZENTRUBER. The successor Trustee shall be a financially sound and competent corporate Trustee. Any successor trustee thus appointed, or, if the Trustee shall merge with or be consolidated with another corporate fiduciary, then such corporate fiduciary, shall succeed to all the duties 'and to all the powers, including discretionary powers, herein granted to the Trustee. ARTICLE X. PERPETUITIES CLAUSE 10.01. General Provisions. Notwithstanding anything to the contrary in this Trust, each disposition the Settlors have made here, legal or equitable, to the extent it can be referred in its postponement of becoming a vested interest to a duration measured by some life or lives in being at the time of the Beneficiary ERIKA L. SWARTZENTRUBER's death is definitely to vest in interest, although not necessarily in possession, not later than twenty-one (21) years after such lives (and any period of gestation involved); or, to the extent it cannot be referred in any such postponement to such lives, is to so vest not later than twenty-one (21) years from the time of ERIKA L. SWARTZENTRUBER's death. IN WITNESS WitEREOF, the Settlors and Trustee have hereunto set their hands and seals as of~day and year first above written. ~//~ -h ~E~.i~~ ~N~/~OX, S~T~TLOR{SEAL) DALE M. SWARTZEN~['RUBER~'SETTLOR 18 COMMONWEALTH OF PENNSYLVANIA cotmrv OFt d SS: On this, the ~t/~b~ay of March, 2000, before me, a Notary Public, the undersigned officer, personally appeared LOWELL R. GATES, known to me'(or satisfactorily proven) to be a member of the bar of the highest court of said State and a subscribing witness to the within trust agreement, and certified that he was personally present when DEIRDRE ANN FOX and the above witnesses, whose names are subscribed to the within trust agreement executed the same, and that said persons acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My Commission Expires: Notadal Seal Traci L. Sepkovic, Notary Public Lemoyne Boro, Cumberland County My Commission Expires July 7, 2003 Member, Pennsylvania Association otNotaries STATE OF ILLINOIS COUNTY OF SS: On this, the .;2,q day of March, 2000, before me, a Notary Public, the undersigned officer, personally appeared DALE M. SWARTZENTRUBER, whose name is subscribed to the within instrument and who executed the same, and that said person acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. "OFFICIAL SEAL,, CAROL L. WILLIAMS Notary Public, State of Illinois My Commission Expires Feb. 5, 2001 Notary Public My Commission Expires: .2 - 3'--0 / 19 The foregoing Trust Agreement was delivered, and is hereby accepted, at Lemoyne, Pennsylvania, on the .~"'~'/ day of March, 2000. ATTEST: COMMUNITY TRUST COMPANY, TRUSTEE SENIOR VICE-PRESIDENT AND TRUST MANAGER 2O SCHEDULE "A" SCHEDULE REFERRED TO IN THE ANNEXED TRUST AGREEMENT DATED MARCHc~, 2000 FROM DEIRDRE ANN FOX AND DALE M. SWARTZENTRUBER, SETTLORS TO COMMUNITY TRUST COMPANY, TRUSTEE PROPERTY DESCRIPTION: ~" 0 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION FIRST AND FINAL ACCOUNT OF Community Trust Company, the Trustee For TRUST OF ERIKA L. SWARTZENTRUBER (Special Needs Trust), Start of Trust- Date of Appointment~ Accounting for the Period: March 31, 2000 March 31, 2000 March 31, 2000 to December 31, 2001 Purpose of Account: Community Trust Company, Trustee, offers this account to acquaint interested parties with the transactions that have occurred during his/her administration. It is important that the account be carefully examined. Requests for additional information, or questions, or objections, can be discussed with' Bridget M. Whitley, Esq. Keefer, Wood, Allen & Rahal 210 Walnut Street PO Box 11963 Harrisburg, PA 17108-1963 (717) 255 - 8000 Principal Receipts Net Loss on Sales or Other Disposition Summary of Account Page Less Disbursements: Administration Expenses Fees and Commissions Balance Before Distributions Distributions to Beneficiaries Principal Balance on Hand For Information: Investments Made Changes in Investment Holdings Income Receipts Sales or Other Dispositions Less Disbursements: Administration Expenses Balance Before Distributions Distributions to Beneficiaries Income Balance on Hand Combined Balance on Hand For Information: Investments Made Changes in Investment Holdings Principal Unpaid Expenses 9 $ 12 30 32 33 39 43 $ 44 50 51 51 31 65.00 19r165.60 21 .52 714,915.05 258r354.03 456,561.02 19,230.60 437,330.42 160~911.24 276,419.18 5,929.43 0.00 5,929.43 21.52 5,907.91 5f632.07 275.84 276,695.02 123,208.88 (~) Total Balance on Hand Checking/Savings Accounts Commerce Bank Money Market/CMA Accounts Alliance Capital Reserves Annuities Jackson National Life Insurance Company Annuity Inventory Value $ 16,752.27 109,942.75 150,000.00 $ 276,695.02 Total Page 1 (2) Receipts of Principal Assets Received by the Trustee as of 03/31/2000 Date of Inception of Trust. Cash Initial principal of trust donated by Deirdre Ann Fox and Dale M. Swartzentruber Total Cash Total Inventory Receipts Subsequent to Inventory 03/29/2001 Additional contribution to trust made by Dale Swartzentruber 04/18/2001 Additional cash contributed by Dale Swartzentruber 05/02/2001 Additional contribution by Deirdre Fox Total Subsequent Receipts Total Receipts of Principal Inventory Value 03/31/2000 691¢915.05 $ $ 691f915.05 691,915.05 10,000.00 3,000.00 lOfO00.O0 $ 23~000.00 714,915.05 Page 1 (3) Gains and Losses on Sales or Other Dispositions Date Description Net Gain 05/05/2000 Exchange: 300 Shs. MCI Worldcom Inc. Name changed from MCI Worldcom, Inc. to Worldcom Inc. GA New For 300 Shs. Worldcom, Inc. GA New Net Proceeds $ Carried at 12,549.00 12~549.00 10/05/2000 Spin Off: Lucent Technologies, Inc. Spin-off of Avaya, Inc. from Lucent Technologies, Inc. To 41.6667 Shs. Avaya, Inc. Net Proceeds $ Carried at 1,527.75 lf527.75 10/06/2000 Sale: 0.6667 Shs. Avaya, Inc. Cash in lieu of fractional share Inventoried @ $ 24.45 Net Proceeds 10.51 11/16/2000 Sale: 500 Shs. Safeguard Scientific Inc. Inventoried @ $ 23,742.75 Net Proceeds 6~913.26 02/15/2001 Exchange: 200 Shs. SDL, Inc. JDS Uniphase shares received upon merger with SDL, Inc. For 380 Shs. JDS Uniphase Corp. Net Proceeds $ 30,811.50 Carried at 30,811.50 Net Loss 13.94 16,829.49 Page 1 (4) Gains and Losses on Sales or Other Dispositions (Continued) Date Description Net Gain Net Loss 03/29/2001 Collection: Additional contribution to trust made by Dale Swartzentruber Deposit cash to trust cash account Net Proceeds $ 10,000.00 Carried at 10~000.00 04/18/2001 Collection: Additional cash contributed by Dale Swartzentruber Deposit of cash contribution to trust cash account Net Proceeds $ 3,000.00 Carried at 3,000.00 05/02/2001 Collection: Additional contribution by Deirdre Fox Deposit of cash contribution to trust cash account Net Proceeds $ 10,000.00 Carried at 10~000.00 06/14/2001 Spin Off: Worldcom, Inc. GA New Distribution of MCI Tracking stock by WCOM To 12 Shs. MCI Tracking stock Net Proceeds $ Carried at 488.16 488.16 08/16/2001 Sale: 400 Altera Corp. Inventoried @ $ Net Proceeds Shs. 18,149.00 12~215.59 08/17/2001 Sale: 300 Shs. Applied Materials, Inc. Inventoried @ $ 29,786.50 Net Proceeds 13,313.55 5,933.41 16,472.95 Page 2 (5) Gains and Losses on Sales or Other Dispositions (Continued) Date Description Net Gain Net Loss 08/17/2001 Sale: 41 Avaya, Inc. Inventoried @ $ Net Proceeds Shs 1,503.30 453.63 08/17/2001 Sale: 300 Shs Digital Island, Inc. Inventoried @ $ Net Proceeds 9,099.00 989.96 08/17/2001 Sale: 800 Shs Ericsson LM Tel Co. ADR Inventoried @ $ 16,199.00 Net Proceeds 4f343.85 08/17/2001 Sale: 300 Shs Fleetboston Financial Corp. Inventoried @ $ 11,911.50 Net Proceeds 11f210.62 08/17/2001 Sale: 400 Shs Intel Corp., common Inventoried @ $ Net Proceeds 24,061.50 12f159.59 08/17/2001 Sale: 960 Shs JDS Uniphase Corp. Inventoried @ $ Net Proceeds 50,885.50 8~644.51 08/17/2001 Sale: 500 Shs Lucent Technologies, Inc. Inventoried @ $ 26,371.25 Net Proceeds 3,220.89 08/17/2001 Sale: 600 Shs Nextel Communications, Inc. Class A Inventoried @ $ 31,999.00 Net Proceeds 8f705.70 1,049 67 8,109 04 11,855 15 700 88 11,901 91 42,240 99 23,150 36 23,293.30 Page 3 (6) Gains and Losses on Sales or Other Dispositions (Continued) Date Description Net Gain Net Loss 08/17/2001 Sale: 800 Shs. Nortel Networks Corp. Inventoried @ $ Net Proceeds 08/17/2001 Sale: 300 Shs. Procter & Gamble Co. Net Proceeds $ Inventoried @ 08/17/2001 Sale: 300 Shs. Redback Networks, Inc. Inventoried @ $ Net Proceeds 42,574.00 5,719.80 21,710.27 21~567.75 $ 19,899.00 1 ~817.93 12,005.25 5~375.82 18,330.75 8~520.72 08/17/2001 Sale: 300 Shs. SBA Communications Corp., Class A Inventoried @ $ Net Proceeds 08/17/2001 Sale: 200 Shs. Scientific Atlanta, Inc. Inventoried @ $ 12,774.00 Net Proceeds 5~271.82 08/17/2001 Sale: 300 Shs. Siebel Systems, Inc. Inventoried @ $ Net Proceeds 08/17/2001 Sale: 300 Shs. Siebel Systems, Inc. Inventoried @ $ Net Proceeds 08/17/2001 Sale: 300 Shs. Worldcom, Inc. GA New Inventoried @ $ Net Proceeds 18,330.75 8~521.71 12,060.84 4 ~ 1 60.86 142.52 36,854.20 18,081 .07 6,629.43 7,502.18 9,810.03 9,809.04 7,899.98 Page 4 (7) Gains and Losses on Sales or Other Dispositions (Continued) Date Description Net Gain Net Loss 08/17/2001 Sale: 12 Shs. MCI Tracking stock Inventoried @ $ Net Proceeds 488.16 128.63 359.53 Total Gains and Losses Less Gain Net Loss 142.52 $ 258,496.55 142.52 $ 258,354.03 Page 5 (8) Date Paid 04/17/2000 05/01/2000 09/11/2000 02/15/2001 08/15/2001 04/12/2000 06/01/2000 06/08/2000 07/12/2000 07/12/2000 08/14/2000 Disbursements of Principal Administration Expenses Pershing Securities Miscellaneous fee paid to custodian Pershing Securities Wire transfer fee Commerce Bank Wire transfer fee Pershing Securities Reorganization fee in connection with SDL Inc. merger with JDS Uniphase Commerce Bank Mail courier fee Total Administration Expenses Fees and Commissions Community Trust Company Trustee fee for month ending 3/31/00 Community Trust Company Trustee fee for month ending 4/30/00 Community Trust Company Trustee fee for month ending 5/31/00 Community Trust Company Trustee fee for month ending 6/30/00 National Planning Corporation Management fee Community Trust Company Trustee fee for month ending 7/31/00 13.00 17.00 17.00 5.00 13.00 733.59 766.40 683.08 650.93 1,936.72 687.04 Amount Paid 65.00 Page 1 (9) Date Paid 09/11/2000 10/12/2000 10/19/2000 11/08/2000 12/12/2000 01/10/2001 01/23/2001 02/09/2001 03/13/2001 04/11/2001 04/20/2001 05/09/2001 Disbursements of Principal Fees and Commissions Community Trust Company Trustee fee for month ending 8/31/00 Community Trust Company Trustee fee for month ending 9/30/00 National Planning Corporation Management fee Community Trust Company Trustee fee for month ending 10/31/00 Community Trust Company Trustee fee for month ending 11/30/00 Community Trust Company Trustee fee for month ending 12/31/00 National Planning Corporation Management fee Community Trust Company Trustee fee for month ending 1/31/01 Community Trust Company Trustee fee for month ending 2/28/01 Community Trust Company Trustee fee for month ending 3/31/01 National Planning Corporation Management fee Community Trust Company Trustee fee for month ending 4/30/01 ( Continued ) 735.39 647.24 1,634.47 578.69 471 .04 435.81 925.42 467.15 361.57 323.75 581.03 342.08 Amount Paid Page 2 (10) Date Paid 06/14/2001 07/13/2001 07/16/2001 08/10/2001 09/13/2001 10/11/2001 10/18/2001 11/13/2001 12/14/2001 12/24/2001 Disbursements of Principal (Continued) Fees and Commissions Community Trust Company Trustee fee for month ending 5/31/01 Community Trust Company Trustee fee for month ending 6/30/01 National Planning Corporation Management fee Community Trust Company Trustee fee for month ending 7/31/01 Community Trust Company Trustee fee for month ending 8/31/01 Community Trust Company Trustee fee for month ending 9/30/01 National Planning Corporation Management fee Community Trust Company Trustee fee for month ending 10/31/01 Community Trust Company Trustee fee for month ending 11/30/01 Keefer, Wood, Allen & Rahal, LLP Fees and disbursements in connection with preparation of the First and Final Accounting Total Fees and Commissions Total Principal Disbursements 330.18 311.23 614.80 298.67 289.46 287.88 505.60 261.11 257.53 3r047.74 Amount Paid $ 19~165.60 $ 19,230.60 Page 3 (11) Distributions of Principal Pursuant to "Article 5.01(c)" Under the Trust, the followinq distributions were made to: Erika L. Swartzentruber 04/28/2000 Cash $ Distribution f/b/o beneficiary; paid to MBNA America 04/28/2000 Cash Distribution f/b/o beneficiary; paid to Associates Bryant & 04/28/2000 Cash Distribution f/b/o beneficiary; paid to Law Office Laventry 04/28/2000 Cash Distribution f/b/o beneficiary; paid to Psychology Group Centre 04/28/2000 Cash Distribution f/b/o beneficiary; paid to CBCS 04/28/2000 Cash Distribution f/b/o beneficiary; paid to Progessive Auto Insurance 04/28/2000 Cash Distribution f/b/o beneficiary; paid to Equine Practice Centre 04/28/2000 Cash Distribution f/b/o beneficiary; paid to Allegheny Power for electric service 04/28/2000 Cash Distribution f/b/o beneficiary; paid to Columbia Gas of Pennsylvania for gas service to Beneficiaries Distribution Value 19,952.84 250.00 85.82 125.00 180.00 139.58 1,200.00 59.00 197.66 Page 1 (12) Distributions of Principal to Beneficiaries (Continued) Distribution Value (Continued from previous page) 04/28/2000 Cash Distribution f/b/o beneficiary; paid to Bell Atlantic PA 54.04 05/05/2000 Cash Distribution f/b/o beneficiary; paid to PNC Bank for payoff of account 19,378.82 05/05/2000 Cash Distribution f/b/o beneficiary; paid to PNC Bank for payoff of account 18,689.32 05/05/2000 Cash Distribution f/b/o beneficiary; paid to Pleasant Glen for monthly rent of apartment and storage garage 05/25/2000 Cash Distribution f/b/o beneficiary; paid to Allegheny Power for electric service 610.00 58.00 05/25/2000 Cash Distribution f/b/o beneficiary; paid to Columbia Gas of Pennsylvania for gas service 59.95 05/25/2000 Cash Distribution f/b/o beneficiary; paid to Pleasant Glen for monthly rent on apartment and storage garage 05/31/2000 Cash Distribution f/b/o beneficiary; paid to Progressive Northern Insurance Company for automobile insurance 610.00 159.22 Page 2 (13) Distributions of Principal to Beneficiaries (Continued) Distribution Value (Continued from previous page) 06/02/2000 Cash Distribution f/b/o beneficiary; paid to Margaret Holsinger for in-home nursing services 300.00 06/06/2000 Cash Distribution f/b/o beneficiary; paid to CPO2 Billing Center 06/06/2000 Cash Distribution f/b/o beneficiary; paid to AT & T Cable Services 163.00 103.23 06/08/2000 Cash Distribution f/b/o beneficiary; paid to Progressive Northern Insurance Company for automobile insurance 169.75 06/12/2000 Cash Distribution f/b/o beneficiary; paid to Allegheny Power for electric service 61 .72 06/26/2000 Cash Distribution f/b/o beneficiary; paid to Columbia Gas of Pennsylvania 06/26/2000 Cash Distribution f/b/o beneficiary; paid to Pleasant Glen for apartment and storage garage rent 06/30/2000 Cash Distribution f/b/o beneficiary; paid to Margaret Holsinger for in-home nursing services 30.96 610.00 300.00 Page 3 (14) Distributions of Principal to Beneficiaries (Continued) Distribution Value (Continued from previous page) 07/12/2000 Cash Distribution f/b/o beneficiary; paid to Allegheny Power for electric service 53.00 07/14/2000 Cash Distribution f/b/o beneficiary; paid to Bell Atlantic-PA 50.28 07/25/2000 Cash Distribution f/b/o beneficiary; paid to Columbia Gas of Pennsylvania 30.12 07/25/2000 Cash Distribution f/b/o beneficiary; paid to Pleasant Glen for apartment and storage garage rent 610.00 08/02/2000 Cash Distribution f/b/o beneficiary; paid to Margaret Holsinger for in-home nursing services 300.00 08/03/2000 Cash Distribution f/b/o beneficiary; paid to Progressive Northern Insurance Company for automobile insurance 190.28 08/14/2000 Cash Distribution f/b/o beneficiary; paid to Allegheny Power 52.00 08/14/2000 Cash Distribution f/b/o beneficiary; paid to Bell Atlantic-PA 51 .07 Page 4 (15) Distributions of Principal to Beneficiaries (Continued) Distribution Value (Continued from previous page) 08/15/2000 Cash Distribution f/b/o beneficiary; paid to Heilig-Meyers for purchase of reclining chair 08/15/2000 Cash Distribution to beneficiary 08/25/2000 Cash Distribution f/b/o beneficiary; paid to Pleasant Glen for apartment and storage garage rent 09/01/2000 Cash Distribution f/b/o beneficiary; paid to Margaret Holsinger for in-home nursing services 673.05 200.00 610.00 300.00 09/05/2000 Cash Distribution f/b/o beneficiary; paid to Progressive Northern Insurance Company for automobile insurance premium 09/06/2000 Cash Distribution f/b/o beneficiary; paid to AT&T for cable television service 174.75 135.23 09/1 2/2000 Cash Distribution f/b/o beneficiary; paid to Allegheny Power 54.00 09/14/2000 Cash Distribution f/b/o beneficiary; paid to Verizon 09/25/2000 Cash Distribution f/b/o beneficiary; paid to Columbia Gas of Pennsylvania 52.19 30.13 Page 5 (16) Distributions of Principal to Beneficiaries (Continued) Distribution Value (Continued from previous page) 09/25/2000 Cash Distribution f/b/o beneficiary; paid to Pleasant Glen for monthly rent on apartment and storage garage 610.00 09/29/2000 Cash Distribution f/b/o beneficiary; paid to AT & T for cable service 36.80 10/03/2000 Cash Distribution f/b/o beneficiary; paid to Gairy H. Thom for purchase of computer 5,000.00 12/04/2000 Cash Distribution f/b/o beneficiary; paid to Progressive Northern Insurance Company for automobile insurance premium 174.75 12/04/2000 Cash Distribution f/b/o beneficiary; paid to Jennifer Nadonicek for massage therapy 270.00 12/04/2000 Cash Distribution f/b/o beneficiary; paid to Margaret Holsinger for in-home nursing services 300.00 12/26/2000 Cash Distribution f/b/o beneficiary; paid to Columbia Gas of Pennsylvania 124.62 12/26/2000 Cash Distribution f/b/o beneficiary; paid to Pleasant Glen for apartment and storage garage rent 610.00 Page 6 (17) Distributions of Principal to Beneficiaries (Continued) Distribution Value (Continued from previous page) 12/29/2000 Cash Distribution f/b/o beneficiary; paid to AT & T for cable television service 58.50 01/02/2001 Cash Distribution f/b/o beneficiary; paid to Jennifer Nadonicek for massage therapy 01/02/2001 Cash Distribution f/b/o beneficiary; paid to Margaret Holsinger for in-home nursing services 270.00 300.00 01/08/2001 Cash Distribution f/b/o beneficiary; paid to Progressive Northern Insurance Company for automobile insurance premium 01/10/2001 Cash Distribution f/b/o beneficiary; paid to Household Credit Services for Mastercard account 233.75 1,829.98 01/10/2001 Cash Distribution f/b/o beneficiary; paid to Allegheny Power 54.00 01/12/2001 Cash Distribution f/b/o beneficiary; paid to Verizon 01/25/2001 Cash Distribution f/b/o beneficiary; paid to Columbia Gas of Pennsylvania 01/25/2001 Cash Distribution f/b/o beneficiary; paid to Pleasant Glen for apartment and storage garage rent 27.85 162.23 610.00 Page 7 (18) Distributions of Principal to Beneficiaries (Continued) Distribution Value (Continued from previous page) 01/31/2001 Cash Distribution f/b/o beneficiary; paid to AT & T~ for cable television service 67.38 02/01/2001 Cash Distribution f/b/o beneficiary; paid to Jennifer Nadonicek for massage therapy 270.00 02/02/2001 Cash Distribution f/b/o beneficiary; paid to Margaret Holsinger for in-home nursing services 300.00 02/06/2001 Cash Distribution f/b/o beneficiary; paid to Progressive Northern Insurance Company for automobile insurance premium 164.64 02/08/2001 Cash Distribution f/b/o beneficiary; paid to Household Credit Services for Mastercard account 1,210.18 02/12/2001 Cash Distribution f/b/o beneficiary; paid to Allegheny Power 55.00 02/14/2001 Cash Distribution f/b/o beneficiary; paid to Verizon 35.35 02/23/2001 Cash Distribution f/b/o beneficiary; paid to Columbia Gas of Pennsylvania 133.32 02/23/2001 Cash Distribution f/b/o beneficiary; paid to Pleasant Glen for apartment and storage garage rent 610.00 Page 8 (19) Distributions of Principal to Beneficiaries (Continued) Distribution Value (Continued from previous page) 02/28/2001 Cash Distribution f/b/o beneficiary; paid to AT & T for cable television service 58.40 03/01/2001 Cash Distribution f/b/o beneficiary; paid to Jennifer Nadonicek for massage therapy 270.00 03/02/2001 Cash Distribution f/b/o beneficiary; paid to Margaret Holsinger for in-home nursing services 300.00 03/29/2001 Cash Distribution f/b/o beneficiary; paid to Theresa Rider for attendant care services rendered while beneficiary in vocational rehabilitation 250.00 03/30/2001 Cash Distribution f/b/o beneficiary; paid to AT & T for cable television service 67.28 03/30/2001 Cash Distribution f/b/o beneficiary; paid to Household Credit Services for Mastercard account 685.26 04/02/2001 Cash Distribution f/b/o beneficiary; paid to Jennifer Nadonicek for massage therapy 270.00 04/02/2001 Cash Distribution f/b/o beneficiary; paid to Margaret Holsinger for in-home nursing services 300.00 Page 9 (20) Distributions of Principal to Beneficiaries (Continued) Distribution Value (Continued from previous page) 04/03/2001 Cash Distribution f/b/o beneficiary; paid to Progressive Northern Insurance Company for automobile insurance premium 164.70 04/18/2001 Cash Distribution f/b/o beneficiary; paid to Allegheny Power 54.00 04/25/2001 Cash Distribution f/b/o beneficiary; paid to Columbia Gas of Pennsylvania 113.33 04/25/2001 Cash Distribution f/b/o beneficiary; paid to Pleasant Glen for apartment and storage garage rent 610.00 04/30/2001 Cash Distribution f/b/o beneficiary; paid to AT & T for cable television service 71 .72 05/02/2001 Cash Distribution f/b/o beneficiary; paid to Household Credit Services for Mastercard account 3,251 .00 05/02/2001 Cash Distribution f/b/o beneficiary; paid to Jennifer Nadonicek for massage therapy 270.00 05/02/2001 Cash Distribution f/b/o beneficiary; paid to Margaret Holsinger for in-home nursing services 300.00 Page 1 0 ( 21 ) Distributions of Principal to Beneficiaries (Continued) Distribution Value (Continued from previous page) 05/03/2001 Cash Distribution f/b/o beneficiary; paid to Progressive Northern Insurance Company for automobile insurance premium 164.70 05/11/2001 Cash Distribution f/b/o beneficiary; paid to Allegheny Power 56.00 05/14/2001 Cash Distribution f/b/o beneficiary; paid to Verizon 37.69 05/24/2001 Cash Distribution f/b/o beneficiary; paid to Columbia Gas of Pennsylvania 90.19 05/24/2001 Cash Distribution f/b/o beneficiary; paid to Pleasant Glen for apartment and storage garage rent 610.00 05/31/2001 Cash Distribution f/b/o beneficiary; paid to AT & T for cable television service 58.40 05/31/2001 Cash Distribution f/b/o beneficiary; paid to Household Credit Services for Mastercard account 1,716.06 06/01/2001 Cash Distribution f/b/o beneficiary; paid to Jennifer Nadonicek for massage therapy 270.00 06/01/2001 Cash Distribution f/b/o beneficiary; paid to Margaret Holsinger for in-home nursing services 300.00 Page 11 (22) Distributions of Principal to Beneficiaries (Continued) Distribution Value (Continued from previous page) 06/05/2001 Cash Distribution f/b/o beneficiary; paid to Progressive Northern Insurance Company for automobile insurance premium 164.70 06/14/2001 Cash Distribution f/b/o beneficiary; paid to Center for Travel for vacation expenses including meals, transporation and accomodations 5,616.66 06/1 4/2001 Cash Distribution f/b/o beneficiary; paid to Allegheny Power 53.00 06/14/2001 Cash Distribution f/b/o beneficiary; paid to AT &T@Home 122.25 06/14/2001 Cash Distribution f/b/o beneficiary; paid to Verizon 39.22 06/25/2001 Cash Distribution f/b/o beneficiary; paid to Columbia Gas of Pennsylvania 56.32 06/25/2001 Cash Distribution f/b/o beneficiary; paid to Pleasant Glen for apartment and storage garage rent 610.00 06/29/2001 Cash Distribution f/b/o beneficiary; paid to AT & T for cable television service 71 .72 Page 12 (23) Distributions of Principal to Beneficiaries (Continued) Distribution Value (Continued from previous page) 07/03/2001 Cash Distribution f/b/o beneficiary; paid to Jennifer Nadonicek for massage therapy 270.00 07/03/2001 Cash Distribution f/b/o beneficiary; paid to Margaret Holsinger for in-home nursing services 300.00 07/05/2001 Cash Distribution f/b/o beneficiary; paid to Progressive Northern Insurance Company for automobile insurance premium 164.70 07/16/2001 Cash Distribution f/b/o beneficiary; paid to Verizon 39.36 07/26/2001 Cash Distribution f/b/o beneficiary; paid to Pleasant Glen for apartment and storage garage rent 610.00 08/01/2001 Cash Distribution f/b/o beneficiary; paid to AT & T for cable television service 62.84 08/02/2001 Cash Distribution f/b/o beneficiary; paid to Jennifer Nadonicek for massage therapy 270.00 08/02/2001 Cash Distribution f/b/o beneficiary; paid to Margaret Holsinger for in-home nursing services 300.00 Page 13 ( 24 ) Distributions of Principal to Beneficiaries (Continued) Distribution Value (Continued from previous page) 08/06/2001 Cash Distribution f/b/o beneficiary; paid to Progressive Northern Insurance Company for automobile insurance premium 164.70 08/14/2001 Cash Distribution f/b/o beneficiary; paid to Allegheny Power 51 .00 08/14/2001 Cash Distribution f/b/o beneficiary; paid to Verizon 44.28 08/21/2001 Cash Distribution f/b/o beneficiary; paid to Jeremy Smutz as reimbursement for various expenses, including computer repair and clothing purchases 1,200.00 08/30/2001 Cash Distribution f/b/o beneficiary; paid to AT & T for cable television service 62.84 09/25/2001 Cash Distribution f/b/o beneficiary; paid to Pleasant Glen for apartment and storage garage rental 610.00 10/03/2001 Cash Distribution f/b/o beneficiary; paid to Jennifer Nadonicek for massage therapy 270.00 10/03/2001 Cash Distribution f/b/o beneficiary; paid to Margaret Holsinger for in-home nursing services 300.00 Page 14 (25) Distributions of Principal to Beneficiaries (Continued) Distribution Value (Continued from previous page) 10/12/2001 Cash Distribution f/b/o beneficiary; paid to Lisa Hunsicker for in-home nursing services 992.00 10/12/2001 Cash Distribution f/b/o beneficiary; paid to Linda Hanson for in-home nursing services 200.00 10/12/2001 Cash Distribution to beneficiary for gifts purchased for others 1,850.00 10/12/2001 Cash Distribution f/b/o beneficiary; paid to Allegheny Power for electric service 51 .00 10/12/2001 Cash Distribution f/b/o beneficiary; paid to Verizon for telephone service 45.36 10/25/2001 Cash Distribution f/b/o beneficiary; paid to Pleasant Glen for monthly rent on apartment and storage garage 625.00 10/31/2001 Cash Distribution f/b/o beneficiary; paid to Lisa Hunsicker for in-home nursing services 500.00 11/02/2001 Cash Distribution f/b/o beneficiary; paid to Linda Hanson for in-home nursing care 200.00 Page 15 (26) Distributions of Principal to Beneficiaries (Continued) Distribution Value (Continued from previous page) 11/02/2001 Cash Distribution f/b/o beneficiary; paid to Jennifer Nadonicek for massage therapy 11/07/2001 Cash Distribution f/b/o beneficiary; paid to Lisa Hunsicker for in-home nursing services 270.00 300.00 11/21/2001 Cash Distribution f/b/o beneficiary; paid to Lisa Hunsicker for in-home nursing care 300.00 11/26/2001 Cash Distribution f/b/o beneficiary; paid to Pheasant Glen for monthly rental of apartment and storage garage 11/30/2001 Cash Distribution f/b/o beneficiary; paid to AT & T 11/30/2001 Cash Distribution f/b/o beneficiary; paid to AT & T @Home 625.00 62.84 40.75 11/30/2001 Cash Reimbursement for expenses paid for Palm Pilot, winter coat, sheets, comforter and vacuum cleaner 970.00 12/03/2001 Cash Distribution f/b/o beneficiary; paid to Linda Hanson for in-home nursing care 200.00 Page 16 (27) Distributions of Principal to Beneficiaries (Continued) Distribution Value (Continued from previous page) 12/03/2001 Cash Distribution f/b/o beneficiary; paid to Jennifer Nadonicek for massage therapy 270.00 12/05/2001 Cash Distribution f/b/o beneficiary; paid to Lisa Hunsicker for in-home nursing care 300.00 12/05/2001 Cash Distribution f/b/o beneficiary; paid to Progressive Norther Insurance Co. for monthly auto insurance premium 164.70 12/14/2001 Cash Distribution f/b/o beneficiary; paid to Allegheny Power 51 .00 12/14/2001 Cash Distribution f/b/o beneficiary; paid to Verizon 43.91 12/19/2001 Cash Distribution f/b/o beneficiary; paid to Lisa Hunsicker for in-home nursing care 300.00 12/20/2001 Cash Distribution to beneficiary for Christmas gifts 500.00 12/26/2001 Cash Distribution f/b/o beneficary; paid to Pheasant Glen for monthly rent due on apartment and storage garage Pursuant to "Article 5.02" Under the Trust, the following distributions were made to: 625.00 $ 111,911.24 Page 17 (28) Distributions of Principal to Beneficiaries (Continued) Distribution Value (Continued from previous page) Dale M. Swartzentruber 05/01/2000 Cash Exercise of general power of appointment $ 32,000.00 Pursuant to "Article 5.04" Under the Trust, the followinq distributions were made to: Violet Sims 05/05/2000 Cash Exercise of special power of appointment by Erika Swartzentruber 10,000.00 Cheryl Adams 05/05/2000 Cash Exercise of special power of appointment by Erika Swartzentruber 5,000.00 Linda Hanson 05/05/2000 Cash Exercise of special power of appointment by Erika Swartzentruber 1,500.00 James Urie, Jr. and Carlethia Ruley 09/11/2000 Cash Exercise of special power of appointment by Erika Swartzentruber 500.00 Total Distributions of Principal to Beneficiaries $ 160,911 .24 Page 18 (29) Checking/Savings Accounts Commerce Bank Principal Balance on Hand Fair Market Value as of 12/31/2001 Inventory Value $ 16,666.49 $ 16,666.49 Money Market/CMA Accounts Alliance Capital Reserves 109,752.69 109,752.69 Annuities Jackson National Life Insurance Company Annuity Total Principal Balance 115,133.44 241,552.62 $ 150r000.00 276,419.18 Page 1 (30) Date 12/31/2001 12/31/2001 12/31/2001 Unpaid Principal Expenses Attorney Fees Gates, Halbruner & Hatch, PA Attorney fees in connection with creation, funding and protection of the Trust Total Attorney Fees Expenses Miscellaneous Expenses State of New Jersey Medicaid reimbursement claim pending against Erika L. Swartzentruber. The state's right to recover this amount is in dispute. The claim is listed here to apprise the Court and the successor trustee of its existence, and the possibility that the claim may be asserted against the Trust at some future time. Commonwealth of Pennsylvania Medicaid reimbursement claim pending against Erika L. Swartzentruber. The state's right to recover this amount is in dispute. The claim is listed here to apprise the Court and the successor trustee of its existence, and the possibility that the claim may be asserted against the Trust at some future time. Total Miscellaneous Total Unpaid Principal Expenses Amount $ 9,281.00 $ 9,281.00 $ 32,474.97 81 t 452.91 $ 113t927.88 $ 123,208.88 Page 1 (31) Information Schedules - Principal Investments Made Altera Corp. 05/19/2000 200 Shs. Applied Materialsf Inc. 04/17/2000 200 Shs. 04/17/2000 100 Shs. Digital Island~ Inc. 04/28/2000 200 Shs. 04/28/2000 100 Shs Ericsson LM Tel Co. ADR 04/17/2000 200 Shs Fleetboston Financial Corp. 04/17/2000 300 Shs Intel Corp.f common 05/19/2000 200 Shs JDS Uniphase Corp. 04/17/2000 200 Shs Lucent Technologies~ Inc. 04/17/2000 500 Shs MCI Worldcom Inc. 04/17/2000 300 Shs Nextel Communications, Inc. Class A 04/28/2000 100 Shs. 04/28/2000 200 Shs. Nortel Networks Corp. 04/17/2000 400 Shs. Procter & Gamble Co. 04/17/2000 300 Shs. Redback Networks~ Inc. 04/28/2000 200 Shs. 04/28/2000 100 Shs. SBA Communications Corp., Class A 04/28/2000 300 Shs. Cost 18,149.00 19,829.83 9,956.67 6,067.33 3,031 67 16,199 00 11,911 50 24,061 50 20,074 00 27,899 00 12,549 00 10,623.17 21 , 375 . 83 42,574.00 21 , 567 . 75 13,267.33 6,631 .67 12,005.25 Page 1 (32) Information Investments Made SDL~ Inc. 04/17/2000 100 Shs. 04/17/2000 100 Shs. Safeguard Scientific Schedules Inc. 04/1 7/2000 500 Shs. Scientific Atlanta~ Inc. 05/01/2000 200 Shs. Siebel Systems~ Inc. 05/03/2000 100 Shs. 05/03/2000 200 Shs. Jackson National Life Insurance Company Annuity 06/09/2000 - Principal (Continued) Cost 15,414.00 15,397.50 23,742.75 12,774.00 12,223.17 24,438.33 150,000.00 Total Principal Investments Chanqes in Investment Altera Corp. 05/19/2000 200 Shs. Holdinqs Purchased 551,763.25 18,149.00 200 Shs. 08/16/2000 200 Shs. On Hand $ 2 for 1 stock split on 7/26/00 18,149.00 0.00 400 Shs. 08/1 6/2001 (400) Shs. On Hand $ Sold Applied Materials~ Inc. 04/1 7/2000 200 Shs. 04/1 7/2000 1 00 Shs. Purchased $ Purchased 18,149.00 (18,149.00) 19,829.83 9,956.67 300 Shs. 08/17/2001 (300) Shs. On Hand $ Sold Avaya~ Inc. 10/05/2000 41.6667 Shs. Rec'd. as Spin Off 29,786.50 (29,786.50) 1,527.75 Page 2 (33) Information Schedules - Principal (Continued) Changes in Investment Holdings 10/06/2000 (Continued from previous page) From Lucent Technologies, Inc. (0.6667)Shs. Sold Cash in lieu of fractional share Cost (24.45) 41 Shs. On Hand 08/17/2001 (41) Shs. Sold 1,503.30 (1,503.30) Digital Island~ Inc. 04/28/2000 200 Shs. 04/28/2000 100 Shs. Purchased Purchased 6,067.33 3,031.67 300 Shs. On Hand 08/17/2001 (300) Shs. Sold Ericsson LM Tel Co. ADR 04/17/2000 200 Shs. Purchased 9,099.00 (9,099.00) 16,199.00 200 Shs. 05/11/2000 600 Shs. On Hand $ 4 for 1 stock split on 5/10/00 16,199.00 0.00 800 Shs. 08/17/2001 (800) Shs. On Hand $ Sold Fleetboston Financial Corp. 04/17/2000 300 Shs. Purchased 08/17/2001 (300) Shs. Sold Intel Corp.~ common 05/19/2000 200 Shs. 16,199.00 (16,199.00) Purchased $ 11,911.50 (11,911.50) 24,061 .50 200 Shs. 08/03/2000 200 Shs. On Hand $ 2 for 1 stock split on 7/31/00 24,061 .50 0.00 400 Shs. 08/17/2001 ( 400 ) Shs. On Hand $ Sold 24,061 .50 (24,061.50) Page 3 (34) Information Schedules - Principal (Continued) Changes in Investment Holdings JDS Uniphase Corp. 04/17/2000 200 Shs. Purchased $ Cost 20,074.00 200 Shs. On Hand 02/15/2001 380 Shs. Rec'd. as Exchange For SDL, Inc. 20,074.00 15,405.75 580 Shs. On Hand 02/15/2001 380 Shs. Rec'd. as Exchange For SDL, Inc. 35,479.75 15,405.75 960 Shs. On Hand $ 08/17/2001 (960) Shs. Sold Lucent Technologies~ Inc. 04/17/2000 500 Shs. Purchased $ 10/05/2000 0 Shs. Spin Off Spin-off of Avaya, Inc. from Lucent Technologies, Inc. To Avaya, Inc. 50,885.50 (50,885.50) 27,899.00 (1,527.75) 500 Shs. On Hand $ 08/17/2001 (500) Shs. Sold MCI Tracking stock 06/14/2001 12 Shs. Rec'd. as Spin Off $ From Worldcom, Inc. GA New Sold 08/17/2001 (12) Shs. 26,371.25 (26,371.25) 488.16 (488.16) MCI Worldcom Inc. 04/17/2000 300 Shs. 05/05/2000 (300) Shs. Purchased Exchanged Name changed from MCI Worldcom, Inc. to Worldcom Inc. GA New For Worldcom, Inc. GA New 12,549.00 (12,549.00) Page 4 (35) Information Schedules - Principal (Continued) Changes in Investment Holdings Nextel Communications, Inc. Class A 04/28/2000 100 Shs. Purchased 04/28/2000 200 Shs. Purchased Cost 10,623.17 21,375.83 300 Shs. 06/12/2000 300 Shs. On Hand $ 2 for 1 stock split on 5/26/00 31 , 999 . 00 0.00 600 Shs. 08/17/2001 (600) Shs. On Hand $ Sold 31,999.00 (31,999.00) Nortel Networks Corp. 04/17/2000 400 Shs. Purchased $ 42,574.00 400 Shs. 05/11/2000 400 Shs. On Hand $ 2 for 1 stock split on 5/5/00 42,574.00 0.00 800 Shs. 08/17/2001 (800) Shs. On Hand $ Sold 42,574.00 (42,574.00) Procter & Gamble Co. 04/1 7/2000 300 Shs. 08/1 7/2001 (300) Shs. Purchased $ Sold Redback Networks~ Inc. 04/28/2000 200 Shs. 04/28/2000 100 Shs. Purchased $ Purchased 21,567.75 (21,567.75) 13,267.33 6,631 .67 300 Shs. 08/1 7/2001 (300) Shs. On Hand $ Sold SBA Communications Corp., Class A 04/28/2000 300 Shs. Purchased 08/17/2001 (300) Shs. Sold 19,899.00 (19,899.00) 12,005.25 (12,005.25) Page 5 (36) Information Schedules - Principal (Continued) Changes in Investment Holdings SDLf Inc. 04/17/2000 100 Shs. Purchased $ 04/17/2000 100 Shs. Purchased Cost 15,414.00 15,397.50 200 Shs. 02/15/2001 (200) Shs. On Hand $ Exchanged JDS Uniphase shares received upon merger with SDL, Inc. For JDS Uniphase Corp. 30,811.50 (30,811.50) Safeguard Scientific Inc. 04/17/2000 500 Shs. Purchased 11/16/2000 (500) Shs. Sold Scientific Atlantaf Inc. 05/01/2000 200 Shs. 08/17/2001 (200) Shs. Siebel Systemsf Inc. 05/03/2000 100 Shs. 05/03/2000 200 Shs. Purchased $ Sold Purchased $ Purchased 23,742.75 (23,742.75) 12,774.00 (12,774.00) 12,223.17 24,438.33 300 Shs. 08/18/2000 300 Shs. On Hand $ 2 for 1 stock split on 9/14/00 36,661 .50 0.00 600 Shs. 08/17/2001 (300) Shs. On Hand $ Sold 36,661.50 (18,330.75) 300 Shs. 08/17/2001 (300) Shs. On Hand $ Sold 18,330.75 (18,330.75) Worldcomf Inc. GA New 05/05/2000 300 Shs. 06/14/2001 0 Shs. Rec'd. as Exchange For MCI Worldcom Inc. Spin Off Distribution of MCI Tracking stock by WCOM 12,549.00 (488.16) Page 6 (37) Information Schedules - Principal (Continued) Changes in Investment Holdings (Continued from previous page) To MCI Tracking stock Cost 300 Shs. On Hand $ 08/17/2001 (300) Shs. Sold 12,060.84 (12,060.84) Jackson National Life Insurance Company Annuity 06/09/2000 Purchased $ 150,000.00 On Hand $ 150,000.00 Page 7 (38) Receipts of Income Ericsson LM Tel Co. ADR 04/17/01 Dividend on 800 Shs. $ 39.18 Fleetbos 07/03/00 10/02/00 01/03/01 04/02/01 07/02/01 ton Financial Corp. Dividend on 300 Shs . 90.00 90.00 99.00 99.00 99.00 Intel Corp. ~ common 09/01/00 Dividend on 400 Shs. 12/01/00 03/01/01 06/01/01 09/01/01 Dividend on 0 Shs. 8.00 8.00 8.00 8.00 8.00 Lucent Technoloqies~ 06/01/00 Dividend on 09/01/00 12/01/00 03/01/01 06/01/01 Inc. 500 Shs . 10.00 10.00 10.00 10.00 10.00 Nortel Networks Corp. 07/03/00 Dividend 10/02/00 12/29/00 04/02/01 o6/29/Ol on 8OO Shs. 15.00 15.00 15.00 15.00 15.00 Procter o5/15/oo o8/15/oo 11/15/oo 02/15/01 05/15/01 08/13/01 & Gamble Co. Dividend on 300 Shs . 96 105 105 105 105 114 O0 O0 O0 O0 O0 O0 Scientific Atlanta~ Inc. 06/1 6/00 Dividend on 09/18/00 12/15/00 03/16/01 06/15/01 2OO Shs. 2.00 2.00 2.00 2.00 2.00 Commerce Bank 04/30/00 Interest 05/31/00 Interest 133.87 22.85 39.18 477.00 40.00 50.00 75.00 630.00 10.00 Page 1 (39) Receipts of Income (Continued 06/30/00 Interest 07/31/00 Interest 08/31/00 Interest 09/30/00 Interest 10/31/00 Interest 11/30/00 Interest 12/31/00 Interest 01/31/01 Interest 02/28/01 Interest 03/31/01 Interest 04/30/01 Interest 05/31/01 Interest 06/30/01 Interest 07/31/01 Interest 08/31/01 Interest 09/30/01 Interest 10/31/01 Interest 11/30/01 Interest 12/31/01 Interest from previous page) Alliance Capital Reserves 04/14/00 Dividend 05/15/00 Interest 06/15/00 Interest 07/14/00 Interest 08/15/00 Interest 09/15/00 Interest 10/06/00 Interest 10/19/00 Interest 12/29/00 Interest 01/12/01 Interest 02/15/01 Interest 03/15/01 Interest 04/12/01 Interest 05/15/01 Interest 06/15/01 Interest 07/13/01 Interest 08/15/01 Interest 09/1 4/01 Dividend 10/15/01 Interest 11/15/01 Dividend 12/31/01 Dividend Federated Government Obligations Fund 03/31/01 Dividend 04/30/01 Dividend 05/31/01 Dividend (Continued) 27 10 8 4 15 13 10 6 2 0 0 3 1 1 0 1 4 3 1 92 88 17 55 72 31 81 89 33 36 73 95 96 00 39 74 30 98 69 $ 1 , 048 63 1,229 44 559 1 8 88 69 84 92 85 52 38 09 0 41 43 78 14 59 25 93 21 27 21 13 18 01 15 93 13 62 12 06 281 85 244 74 1 88 31 1 90 06 3.26 30.22 27.61 277.40 4,226.16 Page 2 (40) Receipts of Income (Continued) (Continued from previous page) 06/30/01 Dividend 07/31/01 Dividend 08/31/01 Dividend 09/30/01 Dividend 10/31/01 Dividend 16.19 9.14 8.65 7.40 2.22 $ 104.69 $ 5,929.43 Total Receipts of Income Page 3 (41) Date Gains and Losses on Sales or Other Dispositions of Income Assets Description Net Gain Net Loss Total Gains and Losses $ 0.00 $ 0.00 Page 1 (42) Date Paid 07/03/2000 10/02/2000 11/20/2000 12/29/2000 04/02/2001 04/17/2001 06/29/2001 Disbursements of Income Administration Expenses Pershing Securities Deduction for foreign taxes due on dividend paid by Nortel Networks Corp. New stock Pershing Securities Foreign taxes paid on Nortel Networks Corp. dividend Pershing Securities Interest charged on overdraft of Alliance Capital Reserves account Pershing Securities Foreign tax on Nortel Networks Corp. dividend Pershing Securities Foreign tax on Nortel Networks dividend Pershing Securities Foreign tax on Ericsson LM Tel Co dividend Pershing Securities Foreign tax on Nortel Networks Corp. dividend Total Administration Expenses Total Income Disbursements 2.25 2.25 4.39 2.25 2.25 5.88 2.25 Amount Paid 21 .52 21 .52 Page 1 (43) Distributions of Income Pursuant to "Article 5.01(c)" Under the Trust, the followinq distributions were made to: Erika L. Swartzentruber to Beneficiaries Distribution Value 06/02/2000 Cash $ 5.58 Distribution f/b/o beneficiary; paid to Sprint Cash Distribution f/b/o beneficiary; paid to Atlantic-PA Bell 06/02/2000 Cash Distribution f/b/o beneficiary; paid to Goldberg & Kaplan Drs. 06/06/2000 Cash Distribution f/b/o beneficiary; paid to Sprint 06/30/2000 Cash Distribution f/b/o beneficiary; paid to Sprint 07/31/2000 Cash Distribution f/b/o beneficiary; paid to Gas of Pennsylvania Columbia 08/25/2000 Cash Distribution f/b/o beneficiary; paid to Margaret Holsinger for in-home nursing services 10/02/2000 Cash Distribution f/b/o beneficiary; paid to Progressive Northern Insurance Company for automobile insurance premium 10/03/2000 Cash Distribution f/b/o beneficiary; paid to Power Allegheny 10/13/2000 101 .76 28.91 1 .86 1 .83 27.37 300.00 174.75 54.00 Page 1 (44) Distributions of Income to Beneficiaries (Continued) Distribution Value (Continued from previous page) 10/13/2000 Cash Distribution f/b/o beneficiary; paid to Verizon 53.61 10/25/2000 Cash Distribution f/b/o beneficiary; paid to Columbia Gas of Pennsylvania 72.31 10/25/2000 Cash Distribution f/b/o beneficiary; paid to Pleasent Glen for apartment and storage garage rent 610.00 10/31/2000 Cash Distribution f/b/o beneficiary; paid to AT & T for cable television service 58.50 11/01/2000 Cash Distribution f/b/o beneficiary; paid to Jennifer Nadonicek for massage therapy 135.00 11/02/2000 Cash Distribution f/b/o beneficiary; paid to Margaret Holsinger for in-home nursing services 300.00 11/03/2000 Cash Distribution f/b/o beneficiary; paid to Progressive Northern Insurance Company for automobile insurance premium 174.75 11/13/2000 Cash Distribution f/b/o beneficiary; paid to Allegheny Power 54.00 11/14/2000 Cash Distribution f/b/o beneficiary; paid to Verizon 50.69 Page 2 (45) Distributions of Income to Beneficiaries (Continued) Distribution Value (Continued from previous page) 11/20/2000 Cash Distribution f/b/o beneficiary; paid to Jeremy Smutz for purchase of Christmas gifts 500.00 11/24/2000 Cash Distribution f/b/o beneficiary; paid to Columbia Gas of Pennsylvania 15.40 11/24/2000 Cash Distribution f/b/o beneficiary; paid to Pleasant Glen for apartment and storage garage rent 610.00 11/30/2000 Cash Distribution f/b/o beneficiary; paid to AT & T for cable television service 114.09 12/12/2000 Cash Distribution f/b/o beneficiary; paid to Allegheny Power 55.00 12/14/2000 Cash Distribution f/b/o beneficiary; paid to Verizon 48.22 04/18/2001 Cash Distribution f/b/o beneficiary; paid to Verizon 34.47 07/16/2001 Cash Distribution f/b/o beneficiary; paid to Allegheny Power 51 .00 07/26/2001 Cash Distribution f/b/o beneficiary; paid to Columbia Gas of Pennsylvania 30.38 Page 3 (46) Distributions of Income to Beneficiaries (Continued) Distribution Value (Continued from previous page) 09/12/2001 Cash Distribution f/b/o beneficiary; paid to Progressive Northern Insurance Company for automobile insurance premium 164.70 09/12/2001 Cash Distribution f/b/o beneficiary; paid to Jennifer Nadonicek for massage therapy 270.00 09/12/2001 Cash Distribution f/b/o beneficiary; paid to Margaret Holsinger for in-home nursing services 300.00 09/17/2001 Cash Distribution f/b/o beneficiary; paid to Allegheny Power 52.00 09/17/2001 Cash Distribution f/b/o beneficiary; paid to Verizon 40.24 09/25/2001 Cash Distribution f/b/o beneficiary; paid to Columbia Gas of Pennsylvania 31 .78 10/01/2001 Cash Distribution f/b/o beneficiary; paid to AT & T for cable service. 62.84 10/01/2001 Cash Distribution f/b/o beneficiary; paid to AT & T @Home 81 .50 Page 4 (47) Distributions of Income to Beneficiaries (Continued) Distribution Value (Continued from previous page) 10/03/2001 Cash Distribution f/b/o beneficiary; paid to Progessive Norther Insurance Company for automobile insurance premium 164.70 10/12/2001 Cash Distribution to beneficiary for eyeglasses 140.00 10/25/2001 Cash Distribution f/b/o beneficiary; paid to Colombia Gass of Pennsylvania 64.28 10/31/2001 Cash Distribution to beneficiary for gift to goddaughter 90.00 10/31/2001 Cash Distribution f/b/o beneficiary; paid to AT & T for cable service 62.84 10/31/2001 Cash Distribution f/b/o beneficiary; paid to AT & T @Home 40.75 11/02/2001 Cash Distribution f/b/o beneficiary; paid to Progressive Norther Insurance Company for monthly auto insurance premium 164.70 11/14/2001 Cash Distribution f/b/o beneficiary; paid to Allegheny Power 51 .00 11/14/2001 Cash Distribution f/b/o beneficiary; paid to Verizon 37.53 Page 5 (48) Distributions of Income to Beneficiaries (Continued) Distribution Value (Continued from previous page) 11/26/2001 Cash Distribution f/b/o beneficiary; paid to Columbia Gas of Pennsylvania 22.35 12/26/2001 Cash Distribution f/b/o beneficary; paid to Columbia Gas of Pennsylvania 60.10 12/31/2001 Cash Distribution f/b/o benficiary; paid to AT & T 67.28 5,632.07 5,632.07 Total Distributions of Income to Beneficiaries Page 6 (49) Income Balance on Hand Checkinq/Savinqs Accounts Commerce Bank Fair Market Value as of 12/31/2001 85.78 $ Inventory Value 85.78 Money Market/CMA Accounts Alliance Capital Reserves Total Income Balance 190.06 275.84 $ 190.06 275.84 Page 1 (50) Information Schedules - Income Investments Made Cost Total Income Investment Changes in Investment Holdinqs $ 0.00 Page 1 (51) Date Unpaid Income Expenses Amount Total Unpaid Income Expenses 0.00 Page 1 (52) COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF CUMBERLAND ) Susan A. Russell, Vice President, for Community Trust Company, Trustee, under the Trust of Erika L. Swartzentruber (Special Needs Trust), hereby declares under penalty of perjury that she has fully and faithfully discharged the duties of her 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 Trust have been paid in full; that, to her knowledge, there are no claims now outstanding against the Trust; and that all taxes presently due from the Trust have been paid. Community Trust Company Trustee Su-~n A. Russell Title: Vice President Subscribed and Sworn to by Community Trust Company before me this~S' day of (~.~,_~,~_,a/~, ,2002 Audry J. R~er, Nom~ Public Ham~en Twp., Cum~rland Coun~:, My Comml~lon Expires Ju~ ~.2, 2064 ~,~mla~~ ° Ill 'TI ITl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION In Re: } ERIKA L. SWARTZENTRUBER } No. 21-2002-119 ~d AND NOW, this ay of~ % 2004, the Second Account for the Special Needs Trust'WE zablished for the Benefit of Erika L. Swartzentruber Under Agreement dated March 24, 2000, of Deirdre Ann Fox and Dale M. Swartzentruber is confirmed. The Second Account for the Irrevocable Trust Established Under Agreement Dated March 24, 2000, of Erika L. Swartzentruber is also confirmed. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION In Re: ERIIqA L. SWARTZENTRUBER } No. 21-2002-119 ORDER ourt orders that this matter be transfer] d to the Court of Common Pleas of Centre County, Pennsylvania.