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HomeMy WebLinkAbout04-0600& S INON LLP Yvonne R. Durham Phone (717) 231-6677 Fax (717) 232-1459 ydurham@rhoads-sinon.com FILE NO: 8129/02 June 24,2004 Re: Estate of John A. Porta Ms. Glenda Farner-Strasbaugh Register of Wills Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Dear Ms. Famer-Strasbaugh: We are submitting to you for probate the original Will and Codicil of Johh-:A. Porta who passed away on May 3, 2004, a resident of Cumberland County. Enclosed are the following documents: 1. Original Will and a copy. 2. Original Codicil and a copy. 3. Death Certificate. 4. Petition for Grant of Letters. You will note that the oath of the Executrix was taken by the Register of Wills of Dauphin County. 5. Estate Information Sheet. o Check in the sum of $71.50 representing payment of probate fee of $18.00; the cost of one (1) short certificate @ $3.00; the will fee of $24.00; the codicil fee of $16.50 and JCP fee of $10.00. We have also enclosed an extra copy of the Petition for Probate, the Oath of Subscribing Witness, the Oath of Non-Subscribing Witness and Estate Information Sheet, that we ask that you time stamp and return to the undersigned. 52302 I. 1 Rhoads & Sinon LLP · Attorneys at Law · Twelfth Floor ° One South Market Square °EO. Box 1146 Harrisburg, PA 17108-1146 ° ph (717) 233-5731 ° fx (717) 232-1459 ° www. rhoads-sinon.corn June 24, 2004 Page 2 If you have any questions or comments regarding the enclosed filing, please contact the undersigned. Very truly yours, RHOADS & SINON LLP Enclosure YRD/shp cc: Mrs. Rosemary A. Porta Stanley A. Smith, Esquire By: · Durham sistant Estate of also known as Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS JOHN A. PORTA No. Petition~, who is 18 years of age or older, applies for: , Deceased Social Security No. ROSEMARY A. PORTA 183-34-7651 (COMPLETE "A" OR "B" BELOW:) A. Probate and Grant of Letters and avers that Petitioner is the executrix named in the Last Will of the F~ Decedent, dated May 20,2002 and codicil dated November 12,2003 State relevant circumstances, e.g., renunciation, death of executor, etc. Except as follows, Decedent did not marry, was not divorced, and did not have a child bom or adopted after execution of the documents offered for probate; was not the victim of a killing and was never adjudicated incompetent: NO EXCEPTIONS B. Grant of Letters of Administration (d.b.n.c.t.a.: pendente lite; durante absentia; durante minoritate) Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: Name Relationship Residence I (COMPD- ~ ~- IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania, with his last family or principal residence at 3613 Horsham Drive, Hampden Township, PA 17050 (liSt Street, number and municipality) Decedent, then 63 .years of age, died May 3, 2004, at (Location) Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property ........................................................................................... $ (If not domiciled in PA) Personal property in Pennsylvania ...................................................................... $ (If not domidled in PA) Personal property in County ................................................................................ $' Value of real estate in Pennsylvania - .................................................................................................................... $ Real Estate situated as follows: NONE 3613 Horsham Drive, Hampden Township, Mechanicsbur.q, PA 17050 100.00 N/A N/A 0.00 100.00 Wherefore, Petitioner respectfully requests the probate of the last Will presented with this Petition and the grant of letters in the apprepdate form to the undersigned: Typed or pdnted name and residence Rosemary A. Porta, 3613 Horsham Drive, Me~nicsburg, PA 17050 Form RW-1 Page 1 of 2 (Dauphin County)- Rev. 9/92 521966.1 .r Oath of Personal Representative Commonwealth of Pennsylvania County of The Petitioner(s) above-named swear(s) and affirm(s) that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner~and that, as personal ro ~~. ~.ntative(s) of the Decedent, Petitioner(s) will well and truly administer the estate accordyg to ~.,~ Sworn to and affin-ned ancJ subscribed before me ~ ' No. ,=,~1- (::)4- ~,l~00 Social Security No: I~:/-~ ~ ~i-1- -"'-I1,~1 Date of Death: AND NOW, ~c~.~ ~ ,20 (~ Deceased , in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters [] Testamentary [] of Administration are hereby granted to'~ O.L3_~ _~.v.,_,-., .,_~,. ~.~ ,~_.~n.c.,.; pendentelit.; durante absentia;duranteminoritate in the above estate and that the instrument(s) dated described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES Letters ........................... Short Certificate(s) .......... Renunciation .................. Affidavit ( ) ................. Extra Pages ( ) ............ Codicil .......................... JCP Fee ........................ TOTAL ................ $ 10,50 $ I0 $ Register of Wil~s -d(,,~ Attorney: Stanley A. Smith I.D. No: 33782 Address: Rhoads & Sinon LLP1 PO Box 1146 1 South Market Square, Harrisburg, PA 17108-1146 Telephone: 717-233-5731 Form RW-1 Page 2 of 2 (Dauphin County) - Rev. 9/92 TTis is to certify that the information here given is correctly copied from an original certificate of death duly filed v,'ith mc ~*s 1,,:cai Regi~tr;,. The original certificate will be forwarded to the State Vital Records Office fi)r permanedt filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $2.00 P 10371535 No. ..2/- 4,00 Local Registrar Date H105 143 Re¥ 2187 COMMONWEALTH OF PENNSYLVANIA o DEPARTMENT OF HEALTH · VITAL RECORDS ~ ' ~ CERTIFICATE OF DEATH 1. O~hn 'A. Porta STATE FILENUMBER EATH (MOnlll. Day YeaQ AGE(LasI~rIh~ly) 4 H~ 3 2004 3613 ,c~ 2004 B9 time. dale and place stet~e~ Yes D Yes [] NO [] Suicide[] C ...... be ........ ' ~"~'"' .......... :: ......... ~,..a~i..~.. · ' ~ : Approxtrna<e ,~g\ L. Yes [] No PART I1: Othe~ signSmant c~n~bon~'--~mnbUlng to Oeat~ t~ut LOCATION {S r~ot. Cdy/Tow ~. Slate) 1, Day, Year) CODICIL TO THE LAST W!L[. AND TESTAMENT OF JOHN A. PORTA - 0q- teo0 I, JOHN A. PORTA, of Hampden Township, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this to be a Codicil to my Last Will and Testament dated May 20, 2002. 1. I hereby' delete ITEM 10 of my Will and in lieu thereof provide the fbllowing new ITEM 1 O: "10. EXECUI'OR APPOINTMENT. I hereby appoint My Spouse, ROSEMARY A. PORTA, as Executrix of this Will. If for any reason My Spouse should fail or cease to act, I appoint my son, JOHN E. PORTA, as Executor, and if for any reason John should fail or cease to act, I appoint PNC BANK, N.A., as Executor. All references in this Will to my "Executor" shall refer to my originally named Executrix, or to tny successor Executor, as the case may be." Page 1 of 2 Pages 491420.1 IN WITNESS WHEREOF, I have hereunto set my hand and seal to this Codicil to my Last Will and Testament, consisting of this and the preceding one (1) page, this ~ ~ ,2OO3. day ofj/k/~ c, ,; ~t ~ ? c Igohn ^. mo.a (SEAL) We, the undersigned, hereby certify that the foregoing Codicil was signed, sealed, published and declared by the above-named Testator as and for a Codicil to his Last Will and Testament, in the presence of us, who at his request and in his presence and in the presence of each other, have hereunto set our hands and seals the day and year above written, and we certify that at the time of the execution thereof, the said Testator was of sound and disposing mind and memory. ~~]~ (SEAL) Residing at: fj/[~z(SEAL) Residing at: Page 2 of 2 Pages COMMONWEALTH OF PENNSYLVANIA · COUNTY OF '~"~"P~'~-"' · SS: We, JOHN A. PORTA, ~-}c,~.--t~.{ A. % .4-kY,,._ and ~ ~ .~X-~d_})_ya~. t ~c,~--t % the Testator and the Witnesses, respectively, whose names are signed to the foregoing instrument, having been sworn, do hereby declare to the undersigned officer that the Testator, in 'the presence o£the Witnesses, signed said instrument as a Codicil to his Last Will and Testament, that he signed voluntarily, that each of the witnesses, in the presence of the Testator and of each other, signed said Codicil as a witness and that to the best of the knowledge of each witness, the Testator was at the time of sound nfind and under no cons~.aiI!..t__or undue influence. Subscribed and acknowledged before me by JOHN A. PORTA, the Testator, and subscribed and sworn to before me by ..~"~-'~-,-._ ir-[ /~ ~ ~. 2003. My Commission Expires: Notarial Seal Cindy L. Leitzel, Notary Public City Of Harrisburg, Dauphin County My C.,on'm'~sion EXl~res Dec. 2, 2006 Menlber, Pen~yk, ania Association Of Notaries LAST WILL AND TESTAMENT OF JOHN A. PORTA I, JOHN A. PORTA, of Hampden Township, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time previously made. I am married to Rosemary A. Porta (hereinafter referred to as "My Spouse") and the children born of our marriage are Annette M. McHugh, John E. Porta and Carolyn A. Werner (hereinafter referred to as "my children"). 1. TANGIBLE PERSONAL PROPERTY. I give and bequeath all of my household furniture and furnishings, automobiles, books, pictures, jewelry, china, crystal, appliances, silverware, wearing apparel, articles of household or personal use or adornment, collections, artworks, boats and recreational equipment and vehicles, together with all policies of insurance thereon, to My Spouse, if My Spouse survives me. If My Spouse does not survive me, I give such articles to my children living at~.~y.death in as nearly equal shares as they shall select under the supervision of my Executor. Any cost of packing and~B~ippi~Zg!!~ai~Q.personalty to the beneficiaries, including insurance, shall be paid by my Page 1 of 8 Pages 430399.1 Executor as a general administration cost. If any such articles cannot be fairly divided or distributed in kind in the opinion of my Executor, such articles shall be sold and the proceeds thereof shall pass as a part of my residuary estate. 2. RESIDUE. I give, devise and bequeath all the rest and residue of my property, real, personal and mixed, not disposed of in the preceding portions of this Will, including all property over which I hold a power of appointment (which powers of appointment I hereby exercise in favor of my estate), to the then Trustee of "The John A. Porta Revocable Agreement of Trust" created by a trust agreement dated the same date as this Will between me, as Settlor, and PNC BANK, N.A., as Trustee. 3. SPENDTHRIFT PROVISION. No interest in income or principal of my estate shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary of my estate prior to the beneficiary's actual receipt thereof. My Executor shall pay over the net income and the principal to the beneficiaries herein designated, as their interests may appear, without regard to any attempted anticipation (except as may be specifically provided herein), pledging or assignment by any beneficiary of my estate and without regard to any claim thereto or attempted levy, attachment, seizure or other process against said beneficiary. 4. SURVIVAL PRESUMPTIONS. Any person, other than My Page 2 of 8 Pages Spouse, who shall have died at the same time as I or under such circumstances that it is difficult or impossible to determine who shall have died first, shall be deemed to have predeceased me. If My Spouse and I shall have died at the same time or under such circumstances that it is difficult or impossible to determine who shall have died first, My Spouse shall be deemed to have survived me. 5. FIDUCIARY POWERS. In the settlement of my estate, my Executor shall possess, among others, the following powers, exercisable without prior court approval, but in all cases to be exercised for the best interests of the beneficiaries: (a) To retain any investments I may have at my death so long as my Executor may deem it advisable to my estate so to do, including securities owned, issued or underwritten by any corporate Executor or any of its affiliates. (b) To vary investments, when deemed desirable by the Trustee, and to invest in every kind of property and type of investment, including securities owned, issued or underwritten by any corporate Trustee or any of its affiliates, or as to which such Trustee or its affiliate acts as investment advisor, as the Trustee shall deem wise. (c) In order to effect a division of the principal of my estate or for any other purpose, including any final distribution of my estate, my Executor is authorized to make said divisions or distributions of the personalty and realty partly or wholly in kind. If such division or distribution is made in kind, said assets shall be divided or distributed at their respective values on the date or dates of their division or distribution. In making any division or distribution in kind, my Executor shall divide or distribute said assets in a manner which will fairly allocate any Page 3 of 8 Pages unrealized appreciation among the beneficiaries. (d) To sell either at public or private sale and upon such terms and conditions as my Executor may deem advantageous to my estate, any or all real or personal estate or interest therein owned by my estate severally or in conjunction with other persons or acquired after my death by my Executor, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings which may be necessary or desirable in carrying out any of the powers conferred upon my Executor in this paragraph or elsewhere in this Will. (e) To mortgage real estate and to make leases of real estate for any term. (f) To borrow money from any party, including my Executor, to pay indebtedness of mine or of my estate, expenses of administration, Death Taxes or other taxes. (g) To pay all costs, expenses, legally enforceable debts, funeral expenses and charges in connection with the administration of my estate. (h) To vote any shares of stock which form a part of my estate or trust and to otherwise exercise all the powers incident to the ownership of such stock and to actively manage and operate any incorporated or unincorporated business, including any joint ventures and partnerships, and to incorporate any such unincorporated business, with all the rights and powers of any owner thereof. (i) In the discretion of my Executor to unite with any other owners of similar property in carrying out any plans for the reorganization of any corporation or company whose securities form a part of my estate. (j) To assign to and hold in my estate an undivided portion of any asset. Page 4 of 8 Pages (k) To hold investments in the name of a nominee. (1) To compromise controversies. (m) To disclaim, in whole or in part, any and all interests in property owned by me at the time of my death, including those passing to me by Will, intestacy, contract, joint ownership, operation of law or otherwise. (n) To designate one or more persons or a corporation to act as ancillary fiduciary in any jurisdiction in which ancillary administration may be necessary, such ancillary fiduciary to serve without bond or security and to have all the powers, authorities and discretions conferred hereunder. (o) To employ and compensate from income or principal, in the discretion of my Executor, investment and legal counsel, accountants, brokers and other specialists, and, whenever there shall be no corporate Executor in office, a corporate custodian, and to delegate to investment counsel discretion with respect to the investment and reinvestment of any or all of the assets held hereunder. 6. EXCULPATORY CLAUSES. In the settlement of my estate: (a) My Executor shall not be personally liable for any loss to my estate or to any beneficiary of my estate resulting from an election made in good faith to claim a deduction as an income tax deduction or as an estate tax deduction. (b) In valuing property in my gross estate for the purposes of any Death Tax, my Executor shall not be personally liable for any loss to my estate or to any beneficiary of my estate resulting from my Executor's decision made in good faith to use a particular valuation date. 7o TAX CLAUSE. Except to the extent paid by the Trustee of the Trust referenced in ITEM 2 hereof, all inheritance, Page 5 of 8 Pages estate and similar taxes becoming due by reason of my death, except any taxes relating to generation skipping transfers imposed under Chapter 13 of Subtitle B of the Internal Revenue Code, as amended ("Death Taxes"), whether such Death Taxes shall be payable by my estate or by any recipient of any property, shall be paid by my Executor out of the property passing under ITEM 2 of this Will as an expense and cost of administration of my estate; provided, however, that if any property held in any testamentary or inter vivos trust created by My Spouse is includable in my estate for purposes of any Death Tax, then any Death Tax attributable to the inclusion of any such property in my estate for the purposes of that Death Tax shall be paid out of such property or the recipients of such property; and if such Death Taxes are nevertheless paid by my Executor, I direct my Executor to obtain reimbursement or contribution for any such taxes paid by my Executor. Except to the extent above provided, my Executor shall have no duty or obligation to obtain reimbursement for any Death Taxes paid by my Executor, even though paid with respect to proceeds of insurance or other property not passing under this Will. 8. CUSTODIAN OF ESTATES. If at any time any individual under the age of twenty-one shall be entitled to receive any assets free of trust by reason of my death, whether payable hereunder, by operation of law or otherwise, I appoint my Page 6 of 8 Pages Executor hereinafter named as Custodian for such individual under the Pennsylvania Uniform Transfers to Minors Act. 9. EXECUTOR POWERS REGARDING BASIS ADJUSTMENT. I hereby authorize my Executor in my Executor's sole and absolute discretion to allocate any adjustments to the income tax basis of assets of my estate to such assets as my Executor deems to be appropriate. I recognize that this power gives my Executor broad latitude which I wish my Executor to exercise while taking into account such factors as my Executor deems beneficial to all of the beneficiaries of my estate. My Executor shall not be liable for any loss to my estate or to any beneficiary of my estate resulting from such allocation made in good faith. 10. EXECUTOR APPOINTMENT. I hereby appoint My Spouse, ROSEMARY A. PORTA, as Executrix of this Will. If for any reason My Spouse should fail or cease to act, I appoint my daughter, ANNETTE M. McHUGH, as Executrix, and if for any reason my daughter should fail or cease to act, I appoint my son, JOHN E. PORTA, as Executor in her place, and if my son should fail or cease to act, I appoint PNC BANK, N.A., as Executor. All references in this Will to my "Executor" shall refer to my originally named Executrix, or to my successor Executrix or Executor, as the case may be. 11. WAIVER OF BOND; FIDUCIARY FEES. The Custodian and my Executor shall qualify and serve without the duty or obligation Page 7 of 8 Pages of filing any bond or other security. Any corporate fiduciary shall be entitled to compensation for services in accordance with the standard schedule of fees in effect when the services are rendered. exec~~er/o f, the min~n~o~Y · IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding seven (7) pages, this ~D~ day of ~ , 2002. hn A. Porta We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above-named Testator as and for his Last Will and Testament, in the presence of us, who, at his request and in his presence and in the presence of each other, have hereunto set our hands and seals the day and year above written, and we certify that at the time of the said Testator was of sound and disposing (SEAL) (SEAL) Residing at: ~ // ~ Page 8 of 8 Pages COMMONWEALTH OF PENNSYLVANIA : ~c ~h~ : SS: COUNTY OF u iQ : We, JOHN a. PORTA,~.~ A.~~ and ~,\l(~ ~'~,~o~ , the Testator and the Witnesses, respectively, whose names are signed to the foregoing instr~ent, having been sworn, do hereby declare to the undersigned officer that the Testator, in the presence of the Witnesses, signed said instr~ent as his Last Will and Testament, that he signed voluntarily, that each of the witnesses, in the presence of the Testator and of each other, signed said Will as a witness and that to the best of the knowledge of each witness, the Testator was at the time of sound mind and under no constraint or undue influence. Witness Subscribed and acknowledged before me by JOHN A. PORTA, the Testator, and subscribed and sworn to before me by and ~k~ ~ ~ ~.~. , the witnesses, F~/- , 2002. Notary ~blic - on this ~ day of My Commission Expires: (SEAL) 208778.1 Notarial Seal Cindy L. Leitzel, Notary Public City of Harrisburg, Dauphin County ,My Commission Expires Dec. 2, 2002 COMMON$¥EALTH OF F'ENNSYLVANiA OEPA~TMENT OF REVENUE BUREAU OF INDIVIOUAL TAXES RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT NO. CD 004218 PORTA ROSEMARY A 3613 HORSHAM DRIVE MECHANICSBURG, PA 17050 ESTATE INFORMATION: SSN: 183-34-7651 FILE NUMBER: 2104-0600 DECEDENT NAME: PORTA JOHN A DATE OF PAYMENT: 08/02/2004 POSTMARK DATE: 08/02/2004 COUNTY: CUMBERLAND DATE OF DEATH: 05/03/2004 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 $30,000.00 REMARKS: PNC BANK NA TOTAL AMOUNT PAID: $30,000.00 SEAL CHECK#II68264 INITIALS: VZ RECEIVED BY: GLENDA FARNER STRASBAUGH REGISTER OF WILLS REGISTER OF WILLS ESTATE OF JOHN A. PORTA, DECEASED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO.e~,~o f 2004 DISCLAIMER AND RENUNCIATION I, ROSEMARY A. PORTA, an adult individual residing ~ ~613 l~rsh~:~ve, Mechanicsburg, Cumberland County, Pennsylvania, given the death of m7 husbanc~ohn ,4. Porta (hereinafter "My Spouse") on May ~, 2004, do hereby exercise the right grante~ to me under Chapter 62 of the Pennsylvania Probate Estates and Fiduciary Code, 20 P ~'C.S.A. '~' Section 6201 et seq., and Sections 2046 and 2518 of the Intemal Revenue Code of 1986, as amended, (the "Code") and hereby irrevocably, absolutely and without qualification, forever disclaim, renounce, release and refuse all of my right, title, claim or interest in the Variable Annuity Contract (Contract No. 10- 013-062) between My Spouse and Massachusetts Mutual Life Insurance Company, howsoever such rights arise. The within disclaimer relates only to all of my interests in the above described Annuity and shall not include a disclaimer of any other interests passing to me as a consequence of the death of My Spouse, whether distributable to me by operation of law, intestacy, contract, inter vivos transfer or testamentary disposition. IN WITNESS WHEREOF and intending to be legally bound hereby, and further intending that this Disclaimer and Renunciation be filed with the Clerk of the Cumberland County Orphans' Court and delivered to Massachusetts Mutual Life Insurance Company, and a copy 523040.1 delivered to Annette M. McHugh, John E. Porta and Carolyn A. Wemer, all as providedr, in 20 Pa. C.S.A. Section 6204(b.1), I have hereunto set my hand and seal, this,~.~ day of (/~.~ 2004. / DISCLAIMANT: -- [ Rosemary ~rta - COMMONWEALTH OF PENNSYLVANIA COUNTY OF , ~ ~ ,~ SS: On this, the ~_D~ day of ~_~c-~ ~. ,2004, before me, a notary public, the undersigned officer, personally appeared ROSEMARY A. PORTA, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Disclaimer and Renunciation, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I her~.unto set my h. and and official seal. Notary Pubti~ My Commission Expires: (SEAL) COMMONWEALTH OF PENNSYLVANIA Notarial Seal Cindy L. Leitzel, Notary Public City of Harrisburg Dauphin County My Corem ssion Expires Dec. 2, 2006 ESTATE OF JOHN A. PORTA, DECEASED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DWISION NO. d~OF 2004 RECEIPT MASSACHUSETTS MUTUAL LWE INSURANCE COMPANY, Obligor under the Variable Annuity Contract with John A. Porta (Contract No. 10-013-062) and transferor of the interest under said contract, hereby acknowledges receipt of the foregoing Disclaimer and Renunciation from ROSEMARY A. PORTA this ~ 3~'~' day of O, xx? , 2004. ATTEST: MASSACHUSETTS MUTUAL INSURANCE COMPANY LIFE ~'-.'~(Vice) President COMMONWE~TH OF PENNSYLVANIA ) ) SS: COUNTY OF ) On this, the ~,~fi~elay of undersigned, officer, personally appeared ~.~'.&t~-. , 2004, before me, the · who acknowledged himself/herself to be the (Vice) President of MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, a banking corporation, and that he/she as such officer, being authorized to do so, executed the within document for the purposes therein contained by signing the name on behalf of the Bank by himself/herself as such officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My Commission Expires: ~ ¢,~//,,~ff' ESTATE OF JOHN A. PORTA, DECEASED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO.ff~ OF 2004 RECEIPT ANNETTE M. MCHUGH, Secondary. Beneficiary under the Variable Annuity Contract between John A. Porta and Massachusetts Mutual Life Insurance Company (Contract No. 10- 013-062), hereby acknowledges receipt of the foregoing Disclaimer and Renunciation from ROSEMARYA. PORTAthis (3~ dayof ~'37v-5/-- ,2004. WITNESS: ette'M' M~I~- (~5 ) $$: COUNTY OF ~X~)~'t'O ~ 57'/~' ) On this, the ~(D day of ,2004, before me, a notary public, the undersigned officer, personally appeared ANNETTE M. MCHUGH, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Receipt and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. N~tary Public My Commission Expires: (SEAL) ESTATE OF JOHN A. PORTA, DECEASED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DMSION NO. ,ff~# OF 2004 RECEIPT JOHN E. PORTA, Secondary Beneficiary under the Variable Annuity Contract between John A. Porta and Massachusetts Mutual Life Insurance Company (Contract No. 10-013-062), hereby acknowledges receipt of the foregoing Disclaimer and Renunciation from ROSEMARY A. eORTAthis 7__,~ dayof -.~U~x~ ,2004. COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF~~-~-3C3L-' [ ~ ) On this, the ~ ¢-j day of ~"~c,._L~..~. ,2004, before me, a notary public, the undersigned officer, personally appeared JOHN E. PORTA, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Receipt and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I heretmto set my hand and official seal. Notary Public~ My Commission Expires: (SEAL) COMMONWEALTH OF PENNSYLVANIA Notarial Seal Cindy L. Leitzel, Notary Public Cig, of Harrisbttrg, Dauphin County My Conunission Expires Dec. 2, 2006 Member, Pennsylvania AssocietJon of Notarie., ESTATE OF JOHN A. PORTA, : DECEASED : : : IN THE COURT OF COMMON PLEAS CUIVIBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. d~ OF 2004 RECEIPT CAROLYN A. WERNER, Secondary Beneficiary under the Variable Annuity Contract between John A. Porta and Massachusetts Mutual Life Insurance Company (Contract No. 10- 013-062), hereby acknowledges receipt of the foregoing Disclaimer and Renunciation fxom ROSEMARY A. PORTA this . day of ~.'~ ,2004. WITNE S S: Carolyn~:~. Wemer COMMONNVEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ,Ze.~zTo/rd ) Onthis, the.92z4-' dayof &~,~/._ ,2004, beforeme, a notary public, 0 the undersigned officer, personally appeared CAROLYN A. WERNER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Receipt and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: (SEAL) ] _ Cindy L. Stone, Notm~ Public I 5~v~ L°r~lo~derry Tw~, Le~u~ ~ RHOADS & SINON LLP Yvonne R. Durham Phone(717)231-6677 Fax(717) 232-1459 ydurham~rhoads-sinon.com FILE NO 8129/02 December 30, 2004 Re: Estate of John A. Porta File No.: 21-04-0600 Ms. Glenda Famer-Strasbaugh Register of Wills Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 Dear Ms. Famer-Strasbaugh: Enclosed are the following in connection with the above-captioned Estate: 1. Pennsylvania Inheritance Tax Return, in duplicate; Inventory; ::co9~ ~ c9 o Ch~k in ~e s~ of $1,579.81 in pa~ent of the bal~ce oft~ du~ ~ © Check in the sm of $25.00 in pa~t of yo~ fil~g fees for~e Re~d hvento~; 5. Copy of the Federal Estate Tax Return filed with the IRS; and A copy of this letter, with the first page of Return attached, which we ask that you time stamp and return to our messenger. Enclosures cc: Mr. David Brown, Vice President Very truly yours, RHOADS & SINON LLP Y~otme R. Durham A6ar~legal (_// - 545485 1 Rhoads & Sinon LLP · Attorneys at Law · Twelfth Floor · One South Market Square · P.O. Box 1146 Harrisburg, PA 17108-1146 · ph (717) 233-5731 · fx (717) 232-1459 · www. rhoads-sinon.com Register of Wills of Cumberland County, Pennsylvania Estate of John A. Porte also known as INVENTORY No. 00600 of 2004 Date of Death May 3, 2004 , Deceased Social Security No~ 183-34-7651 I, ROSEMARY A. PORTA Pemonal Representative of the above Estate, deceased, verify that the items appearing in the following inventory include all of the pemonal assets wherever situate and all of the real estate in the Commonwealth of Pennsylvania of said Decedent, that the valuation placed opposite each ttem of said thventory represents its fair value as of the date of the Decedent's death, and that Decedent owned no real estate outside of the Commonwealth of Pennsylvania except that which appeam in a memorandum at the end of this inventory. I verify that the sfataments made in this inventory ara true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 ralaling to unswom falsification k~ authorities. Name of ~epr~en~~ Attorney: Stanley A. Smith, Esquire I.D. No.: 33782 Address: Rboads & Sinon LLP, P.O. Box 1146 . Hardsburg, PA 17108-1146 "-'-F~osemary A. P_._~a('ta / Telephone: (717) 233-5731 2003 Expedition automobile Description (Attach Additional Sheets if necessary) Value $28,325.00 Total: $28,325.00 NOTE: The Memorandum of real estate outside the Commonwealth of Pennsylvania may, at the election of the personal representative, include the value of each item, but such figures should not be ex~ended into the total of the Invento~/. OMMONVVEALTH OF PENNSYLVANIA D~'ARTMENT OF REVENUE DEPT. 280601 REV-1500 INHERITANCE TAX RETURN RESIDENT DECEDENT RLE NUMBER -- 2.__1_-04-0600 COUNTY CBOE NUt,DER I-- Porta John A 183 -34-7651 Z ~UJ DATE OF DEATH (MM-DD.Y~AR) DAl~ OF B~RTH (MM-DO-YEAR) THIS REPJ~'~ MUST BE FILED fN DUPUCATE WITH THE uJ 5/3/2004 8/12/1940 REGISTER OF WILLS uJ (IF APPLICABLE} SURVIVING BPOUSE~ NAME (LAST, F~RST. AND MIDDLE INI'~AL) SOCIAL SECURF~' NUMBER Rosemary A. Porta 174-34-9220 ~'~1. Original Return r--~ 2. Supplemental Return ~ 4. Limited Estate r--~ 4a. Futura Interest Compromise (date ~f death alw 12-t2-82) ~ 6. Decedent Died Testate (Attacl~ c~py of Wal} ~ 7. Decedent Maintained a LMng Trust (Attach c~py of T~ust) r--] 9. L~gaiton Proceeds Received [~ 10. Spousal Po,arty Credit NAME Stanley A. Smith, Esquire FIRM NAME (If Applicable) TELEPHONE NUMBER 717-233 -5731 r--] 3. Remainder Return (date of death pri~ to 12-13-82) r-~5. Federal Estate Tax Retum Reduired L 8. Total Number of Safe Depos~ Box~ COMPLETE MAILING ADDRESS One S. Market Square, P.O. BOX 1146 Harrisburg, PA 17108 1. Real E~ata (Schedule A) (1) 0 · 00 2, St~cim and Bonds (Schedule B) (2) 0 · 00 3. CloselyHe)dCorporatibn, Par~nemhlp=scfe-pmpdatarshlp (3} 0.00' 4. Mortgages & Notae Receivable (Schedule D) (4) 0 · 00 5. Cash. Bank Deposits & Miscellaneous Pemonal Property 28,325 · 00 (Schedule E) (5) 6. J~ Breed Proper~y(scheduib F) (6) 0.00 [--I scparate Blllng Requested 7. Inter-Vivos Transfers & Misc~ibne~s Non-P~ate Prope~y (7) (Schedule G ~' L) 8. Total Gross Assets (total Lines 1-7) (8) 9. Funeral Expenss$ & Adminiatrati~e C~ts (schedeie H) (9) 26,969,04 t0. Debta of Decedent, Mo~gageUabilltles,& Llens(Sof~edulel) (10) 11,233.31 1 t. Total Deductions (totaJ Lines 0 & 10) (11 ) 12. Net Value of Eatata (Lite 8 minus LIne11) (12) 13. Chadtedle and Governmeatal Bequesta/Sec 9113 Trusta for which an eiecit~n to tax has no~ imen made (Schedule J) (13) 1,730,452.74 1,758,777.74 38,202.35 1,720,575.39 0.00 1,720,575.39 14. Net Value Subject to Tax (Line 12 minus Line 13) (14) BEE INSTRUCTIONS ON REVERSE BIDE FOR APPUCABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate. or transfers under Bec. 9116 (a)(1.2) 16. Amount of Line 14 ta.xabJe at lineal rate 17. Amount of Line 14 taxedie at sibling rata 18. Amount of Line 14 taxable at ceiletaraJ ate 19. Tax Due 983,714.13 x,0 0 (15) 736,861.26 x.0 45 (16) 0.00 x.12 (17) 0.00 x.t5 (18) (19) 0.00 33,158.76 0.00 0.00 33,158.76 Decedent's Complete Address: S~REET ADDRESS 3613 Horsham Drive Cumberland County TE 117050 Mechanic sburg ~P Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) 2, Credits/Payments A. Spousal Poverty Credit 0.00 B. Pdor Payments 30,000.00 C. Discount 1,578.95 3. Interest/Penalty if applicable D. Interest 0 o 00 E. Penalty 0.00 Total Credits (A + B + C) (2) Total Interest/Penalty (D + E) (3) (1) 33,158.76 31,578.95 0.00 0.00 1,579.81 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Check box on Page I Line 20 to request a refund (4) 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) A. Enter the interest on the tax due. (5A) 0.00 B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (5B) Make Check Payable to: REGISTER OP WlLLS~ ?GENT PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1,579.81 1. Did decedent make a transfer and: Yes No a. retain the use or income of the property transferred; ....................... [~ r~ b. retain the right to designate who shall use the property transferred or its income; ......... E~ r~ c. retain a reversionary interest; or ................................ r~ r~ d. receive the promise for life of either payments, benefits or care? ................. r~ E~ 2. if death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? ............................ r~ r~ 3. Did decedent own an "in trust for" or payable upon death bank account or secudty at his or her death? [] [] 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? ................................ [] [] IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YO{J MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. Declar preparer other than the person ia based cc* all in fomlation of which prepar~ has any kncwtodge, TU F PERSON RESPONSlB E N Rhoads & Sinon LLP, P. O. ~146 Harrisburg, PA DATE 17108 DATE For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the sun~ving spouse is 3% [72 P.S. § 9916 (a) (1.1) (i)]. For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the sur~ving spouse is 0% [72 P.S, § 9116 (a) ( 1,1 ) (ii)] The statute does not exempt a transfer to a surviving spouse fi`om tax, end the statutory raguirements for disclosure of assets and filing a tax tatum are still ap pliceble e'.~n g the surviving spouse is the only beneficiary. For dates of death on or after July 1,2000: The tax rate imposed on the net value of transfers from a deceased chiM twe~ty-o~e ¥~ars of age or younger st death to or for the use of a natu rat parent, an edopti~ parent, or a stepparent of the child is 0% [72 P.S. § 9116(a)(1.2)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's rine~ beneficiaries is 4.5%. except as hated in 72 P.S, § 9116( 1.2) ['/2 P.S. § 9116(a)( 1 )], The tax rate imposed on the net value of transfers to or for the use of the decedents siblings is 12% (72 P.S, § 9116(a)(f .3)]. A siblln g is defined, under Section 9102, as an individual who has at least one parent in common with the d~scedent, whether by bleed or adoption. 3w4646 1.0oo SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY ESTATE OF FILE NUMBER John APort. a 21-0~-0600 Include the proceeds of litigation and the date the proceeds were received by the estate. AJI property Jolnt~.owned with the right of survlvomhlp must be disclosed on Schedule F. ITEM NUMBER DESCRIPTION 2003 Ford Bxpadi~ion Valued per Eelle~ Blue Book VALUEATDATE OFDEATH 28,325.00 28,325.00 TOTAL (Arso enter on line 5, Recapitulation) 3W48AD 1.000 (If more space is needed, inse~ additional sheets of the same size) SCHEDULE G INTER-VIVOS TRANSFERS & MISC. NON-PROBATE PROPERTY ESTATE OF FILE NUMSER Joh'n A Porta 21-04-0600 Thissch~ulemustbecompl~ andfil~[fthe ~swerto ~y~qu~tionslthrou~ 4ontherewmesrde~ ~eREV-1500COVERSHEETisyes. DESCRII=q~ON OF PROPERTY I~M ~=.um ~ ~ ~ ~.e ~v..e~E,~ ~r~,R ..e~o.s~ p m D~ N~ · DATE OF DEATH %OF DECKS EXCLUSION TAXABLE 1. iMaseachusatts Mutual Life Non-qualified A=nuity 9VA10013062. The benaficiar~ of this annuity contract is Ports. On ~ly 29, 2004, Mrs. Ports executed a qualified disclain~r of all of her interest in this annuity. The Annette M. McHugh, John E. Ports and Carolyn A. Warner, were the named contingent beneficiaries who receivsd the ~--uity due to the disclai~aer. 46,701.13 100.000 0.00 46,701.13 Mutual. 2 PNC Advisors II~A Acct. ~27-27-001-3925~44. Beneficiary, decedent's wife, ~ose~ary Ports. 302,620.74 100.000 0.00 302,620.74 following this Schedule. 3 Massachusetts Mutual Life insurance Company Policy 99884699. Owners ara dacadent's children, Annette M. McHugh, John E. Ports and Carolyn A. Warner. Beneficiaries are the s~na three children of decedent. Decedent gifted this policy within one year of death, on 5/21/2003. Proceeds of policy, $141,227. VALUE NOT INCLUDED AN EXEMPT ASSET. 0.00 100.000 0.00 0.00 !Total fro~ continuation pages 1,381,130.87 TOTAL(Alsoenter0nlineT. Reca~l~on) $ 1,730,452.74 (If more space is needed, insert addlflonal sheets of the same size) Schedule G (Page 2) Estate of: John A Porte Item No. Description DOD Value of Asset Exclusion Taxable Valu 4 Massachusetts Mutual Roth iRA Acct. #63451831. Beneficiary, decedent's wife, Porte. Valued per Massaehussetts Mutual. The John A. Porte Revocable Trust under Agreement dated May 20, 2002, as emended by instrument dated Norther 12, 2003 See valuation of assets following this Schedule. 7,055.77 100.000 1,374,065.10 100.000 0.00 0.00 7,065.77 1,374,065.10 Total (Carry forward to main schedule) 1,381,130.87 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 o 0 CI 0 0 0 o' o o 0 0 ~0 ID Ci 0 0 0 0 CI SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS ESTATE OF FILE NUMBER John A Porte 21-04-0600 Debts of decedent must be rsported a~ Schedule I. ITEM NUMBER DESCRIPTION AMOUNT 5. 6. 7. 1 FUNERALEXPENSES: Diocese of Harrisburg, Gate of Heaven Cemetery Interment fee ($500)i Mausoleum ($3,800) Total from continuation pages ADMINISTRATIVE COSTS: Personal Representative's Comm!eelona Name of Personal Repreeentathm(s) Socfal Security Number(s) I EiN Number of Personal Reprseentative(s) Street Address City State__ Zip Year(s] Commieeia~ Paid: Attorney Fees Family Exemption: (If dacedent's address Is not the same as claimant's, attach explanation) Claimant Street Address City State __ Zip Relationship of Claimant to Decedent Pmbeta Fees Accountant's Fees Tax Return Preparers Fees O~erland Law Journal Advertising Grant of Letters Testamentary Total from continuation pages 4,300.00 8,571.64 13,500.00 138.50 75.00 383.90 TOTAL (Also enter on line 9, [~capitulation) $ 26,969.04 sw4~G t.aoo (If more space is needed, inser~ additional sheets of the same size) Schedule H part I (Page 2) Estate of: John A Ports Item No. Description Malpessi l~uneral H~e Funeral and burial expenses Radisson Penn Harris Hotel, funeral luncheon 7,442.76 1,128.88 Total (Carry forward to main schedule) 8,571.64 Schedule H part 2 (Page 3) lstate of= John A Porta Item No. Description Amount Rhoads & Sinon LLP Reimbursement for out-of-pocket expanses The Patriot-News Company Advertising ~rant of Letters Testamentary 250.00 133.90 Total (Carry forward to main schedule) 383.90 SCHEDULE I DEBTS OF DECEDENT, MORTGAGE LIABILITIES, & LIENS ESTATE OF FILE NUMBER Jo~m A Porte 21-04-0600 Include unralmbumed medical expanse~. ~TEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1. 0ne-half balance due on PNC ho~e equity line of credit, joint with wife, Rosemar~ Porte (total balance due, 122,466.63) 11,233.31 TOTAL (Also enter on line 10, Recapitulation) $ 11,233.31 3W46AH 1.0(]0 (If more space is needed, insert additional sheets of the same size} SCHEDULE J BENEFICIARIES ESTATE OF FILE NUMBER John A Ports 21-04-0600 RELATIONSHIP TO DECEDENT AMOUNT OR SHARE NUMBER NAME AND ADDRESS OF PERSON(S) RECEiViNG PROPERTY Do Not List Tmst~e(s) OF ESTATE I I! TAXABLE DISTRIBUTIONS [include outright spousal distributions, and transfers under Sec. 9116 (a) (1.2)] Rosemar~ A. Ports 3613 Horsham Drive Mechanicsburg, PA 17050 2003 Ford E~edition auto=~bile, 28,325.00 PNC Advisors Z~A Acct. #27-27-001-3925544, 302,620.74 Massachusetts Mutual Roth IRA Acct. 963451831, 7,065.77 Life Estate in ~nified Credit Tr~st, 645,702.62 Surviving Spouse 983,714.13 Total fr~m continuation pages 736,861.26 ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE, ON REV-1500 COVER SHEET NON-TAXABLE DISTRIBUTIONS: A, SPOUSAL DISTPJBUTIONS UNDER SECT]ON 9113 FOR WHICH AN ELECTION TO TAX iS NOT BEING MADE B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OF PART II - ENTER TOTAL NON-TAXABLE DL~T~BUT]ONS ON LINE 13 OF REV-1500 COVER SHEET $ 0.0 0 3w46Ai 1.000 (if more space is needed, inse~t additional sheets of the same s~.e) Schedule J part I (Page 2) Estate of= John A Porte Item No. Description Relation Annette M. MoHugh 24 Moonlight Court Newark, DE 19702 One-third proceeds of life insurance policy gifted within a year of death, exempt from tax One-thirdMass. Mutual annuity disclaimed by spouse, $15,567.04 One-third remainder interest in Unified Credit Trust, $230,053.38 Daughter 245,620.42 3 John E. Porte 8 Jasper Lane Phoenixville, PA 19460 One-third proceeds of life insurance policy gifted within a year of death, exempt from tax One-third Mass. Mutual annuity disclaimed by spouse, $15,567.05 One-third r~m~nder interest in Unified Credit Trust, $230,053.37 245,620.42 Total (Carr~ forward to main schedule) 491,240.84 Schedule J part i (Page 3) Estate of: John A Ports No. Description Relation 4 Carolyn A. Warner 78 Eastfield Drive Lebanon, PA 17042 One-third proceeds of life insurance policy gifted within a year of death, exempt from tax One-third Mass. Mutual annuit~ disclaimedhy spouse, $15,567.04 One-third r~minder interest in Unified Credit Trust, $230,053.38 Daughter 245,620.42 Total (Carr~ forward to main schedule) 245,620.42 REV-1514 EX+ (8..98) SCHEDULE K LIFE ESTATE, ANNUITY COMMONWEAL~'I OF PENNSYLVANIA ~ TERM CERTAIN RE~DENTDECED~NT (Check Box 4 on Rev-1500 Cover Sheet1 ESTATE OF FILE NUMBER John & Po=ta 21-04-0600 This schedule is to be used for all single life, joint or successiva life estate and term certain calculations. For dates of death pdor to 5-1-89, actuarial factors for single life calculations can be obtained from the Department of Revenue, Specialty Tax Unit. Actuarial factors can be found in IRS Publication 1457, Actuarial Values, Alpha Volume for dates of death on or after 5-%89. Indicate the type of instrument which created the future interest below and attach a copy to the tax tatum. [] Will ~ Intervlvos Deed of Trust ~ Other Ros~a~-7 A. Porte 7/20/1942 62 Life or Term of Yearn -- Life or [~ Term of Yearn -- Life or r~ Term of Years -- r~] Life or r~'~ Term of Years-- ~] Life or I---I Term of Years -- 1,335,862.75 1. Value of fund from whlch life estate ia payable ............................... 2. ActuariaJ factor per appropriate table ..................................... Interest tabls rate- r--1 31/2% [] 6% [] 10% [] VadableRate 3.8000 3. Value of itfe estate (Line I multiplied by Line 2) ............................. 0.4834 645,702.62 I--]Life or ~'~ Life or [~ Life or Life or 1. Value of fund from which annuity is payable ............................... $ 2. Check appropriate block below and enter corresponding (number) ................... Frequency of payout -[---~ WeekJy (52) ~1 Bi-weekly (26)1--'1 Monthly (12) ~ Quarterly (4) [] Semi-annually (2) [] Annually (1) [~]~ther ( ) 3. Amount of payout per period ....................................... $ 4. Aggregate annual payment, Line 2 multiplied by Line 3 ......................... 5. Annuity Factor (see instructions) Interest table rate [] 31/2% ~ 6% [] 10% r~ variable Rate % 6. Adjustment Factor (see instructions) ................................... 7. Value of annuity - If using 31/2%, 6%, 10%, or if variable rata and period payout is at end of period, caJculation is: Line 4 x Line 5 x Line 6 .................... $ If using variable rate and period payout is at beginning of period, calculation is: (Line 4 x Line 5 x Line 6) + Line 3 ..................................... $ r'~ Term of Years -- r~ Term of Years- r~] Term of Years -- Term of Years -- 0.00 0.000 0.00 0.00 0.0000 0.0000 0.00 0.00 NOTE: The values of the funds which create the above future interests must be reported as part of the estate assets on Schedules A through G of this tax return. The resulting life or annuity interest(s) should be reported at the appropriate tax rate on Lines 13, 15, 16 and 17. (If more space is needed, insert additional sheets of the same size) SCHEDULE O ELECTION UNDER SEC. 9113(A) (SPOUSAL DISTRIBUTIONS} ESTATE OF John A Porte FILE NUMBER 21-04-0600 Do not complete this schedule unless the estate Is making the election to tax assets under Section 9'113(A) of the Inheritance & Estate Tax Act if the election applies to more than one trust or similar arrangement, a separate form must be filed for each trust. This election applies to the Trust (marital. residual, A. B, By-pass, Unified Credit. etc.) If a trust or similar arrangement meets the requlremento of Sechen 9t 13(A). and: a. The tm st or aimibr arrangement is listed in Schedule O. and b. The value of the trust er skni[ar arrangement Is entered In wheie or In part as an asset on Schedule O, then the transfi~mr'a personal representative may specifically identify the bust (all or a fractional p~tion or percentage) to be Included In the election to have such trust er similar property treated as a taxable transfer In this estate. If less than the entire value of the bust or clmi~ar property ia included as a taxable transfer on Schedule O. the personal representative ahall be considered to have made the eteetlon only as th a frast]on of the trust or similar arrangement The numerator cl' thJs fmstlon b edual to the amount of the trust or similar arranaement included as a t;C<able asset on Schedule O. The denc~ninator is e~uai to the ~ value of Ifle bust er similar amanaement. PART A: Enter the description and value of all interests, both taxable and non-taxable, regardless of location, which pass to the decedent's surviving spouse under a Section 9113(A) trust or similar arran~]ement. DESCRIPTION VALUE Unified Credit Trust under Article IV of The John A. Porte Revocable Trust for the benefit of decedent~s spouse during her lifetime, to be funded with entire residue of estate 1,335,862.75 Part A Total $ 1,335,862.75 PART B: Enter the description a nd value of all interests included in Part A for which the Section 9113 iA) election to tax is bein.q made. The Executrix hereby makes an election to tax all asssts passing to the Unified Cadit Trust described in Part A a~ove Part B Total $ 1,335,862.75 1,335,862.75 (If more space is needed, insert additional sheets of the same size) 3W46E2 1.000 ESTATE OF JOHN A. PORTA SSN: 183-34-7651 DOD: 05/03/2004 PENNSYLVANIA INHERITANCE TAX INDEX TO EXHIBITS Document Last Will and Testament and Codicil Copies, The John A. Porta Revocable Trust Agreement and First Amendment Copy, Disclaimer of spouse's interest in Massachusetts Mutual annuity Calculation of Assets Passing to Unified Credit Trust Return Reference Page 1, line 6 Page 1, line 7 Schedule G, Item 5 Schedule G, Item 1 Schedules J, K, O County, memory, Testament, time previously made. I am married to to as "My Spouse") Annette M. McHugh, LAST WILL AND TESTAMENT OF JOHN A. PORTA Origina~ held by Rhoads & Sinon LLP I, JOHN A. ?ORTA, of Hampden Township, Cumberland Pennsylvania, being of sound and disposing mind and do make, publish and declare this to be my Last Will and hereby revoking all Wills and Codicils by me at any Rosemary A. Porta and the children born of our marriage are John E. Porta and Carolyn A. Werner (hereinafter referred to as "my children"). 1. TANGIBLE PERSONAL PROPERTY. all of my household furniture and pictures, jewelry, china, crystal, (hereinafter referred I give and bequeath furnishings, automobiles, books, appliances, silverware, wearing apparel, articles of household or personal use or adornment, collections, artworks, boats and recreational equipment and vehicles, together with all policies of insurance thereon, to My Spouse, if My Spouse survives me. If My Spouse does not survive me, I give such articles to my children living at my death in as nearly equal shares as they shall select under my Executor. Any cost of packing and shipping the beneficiaries, including insurance, the supervision of said personalty to shall be paid by my Page 1 of 8 Pages 430399,1 Executor as a general administration cost. If any such articles cannot be fairly divided or distributed in kind in the opinion of my Executor, such articles shall be sold and the proceeds thereof shall pass as a part of my residuary estate. 2. RESIDUE. I give, devise and bequeath all the rest and residue of my property, real, personal and mixed, not disposed of in the preceding portions of this Will, including all property over which I hold a power of appointment (which powers of appointment I hereby exercise in favor of my estate), to the then Trustee of "The John A. Porta Revocable Agreement of Trust" created by a trust agreement dated the same date as this Will between me, as Settlor, and PNC BANK, N.A., as Trustee. 3. SPENDTHRIFT PROVISION. No interest in income or principal of my estate shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary of my estate prior to the beneficiary's actual receipt thereof. My Executor shall pay over the net income and the principal to the beneficiaries herein designated, as their interests may appear, without regard to any attempted anticipation (except as may be specifically provided herein), pledging or assignment by any beneficiary of my estate and without regard to any claim thereto or attempted levy, attachment, seizure or other process against said beneficiary. 4. SURVIVAL PRESUMPTIONS. Any person, other than My Page 2 of 8 Pages Spouse, who shall have died at the same time as I or under such circumstances that it is difficult or impossible to determine who shall have died first, shall be deemed to have predeceased me. If My Spouse and I shall have died at the same time or under such circumstances that it is difficult or impossible to determine who shall have died first, My Spouse shall be deemed to have survived me. 5. FIDUCIARY POWERS. In the settlement of my estate, my Executor shall possess, among others, the following powers, exercisable without prior court approval, but in all cases to be exercised for the best interests of the beneficiaries: (a) To retain any investments I may have at my death so long as my Executor may deem it advisable to my estate so to do, including securities owned, issued or underwritten by any corporate Executor or any of its affiliates. (b) To vary investments, when deemed desirable by the Trustee, and to invest in every kind of property and type of investment, including securities owned, issued or underwritten by any corporate Trustee or any of its affiliates, or as to which such Trustee or its affiliate acts as investment advisor, as the Trustee shall deem wise. (c) In order to effect a division of the principal of my estate or for any other purpose, including any final distribution of my estate, my Executor is authorized to make said divisions or distributions of the personalty and realty partly or wholly in kind. If such division or distribution is made in kind, said assets shall be divided or distributed at their respective values on the date or dates of their division or distribution. In making any division or distribution in kind, my Executor shall divide or distribute said assets in a manner which will fairly allocate any Page 3 of 8 Pages unrealized appreciation among the beneficiaries. (d) To sell either at public or private sale and upon such terms and conditions as my Executor may deem advantageous to my estate, any or all real or personal estate or interest therein owned by my estate severally or in conjunction with other persons or acquired after my death by my Executor, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings which may be necessary or desirable in carrying out any of the powers conferred upon my Executor in this paragraph or elsewhere in this Will. (e) To mortgage real estate and to make leases of real estate for any term. (f) To borrow money from any party, including my Executor, to pay indebtedness of mine or of my estate, expenses of administration, Death Taxes or other taxes. (g) To pay all costs, expenses, legally enforceable debts, funeral expenses and charges in connection with the administration of my estate. (h) To vote any shares of stock which form a part of my estate or trust and to otherwise exercise all the powers incident to the ownership of such stock and to actively manage and operate any incorporated or unincorporated business, including any joint ventures and partnerships, and to incorporate any such unincorporated business, with all the rights and powers of any owner thereof. (i) In the discretion of my Executor to unite with any other owners of similar property in carrying out any plans for the reorganization of any corporation or company whose securities form a part of my estate. (j) To assign to and hold in my estate an undivided portion of any asset. Page 4 of 8 Pages (k) To hold investments in the name of a nominee. (1) To compromise controversies. (m) To disclaim, in whole or in part, any and all interests in property owned by me at the time of my death, including those passing to me by Will, intestacy, contract, joint ownership, operation of law or otherwise. (n) To designate one or more persons or a corporation to act as ancillary fiduciary in any jurisdiction in which ancillary administration may be necessary, such ancillary fiduciary to serve without bond or security and to have all the powers, authorities and discretions conferred hereunder. (o) To employ and compensate from income or principal, in the discretion of my Executor, investment and legal counsel, accountants, brokers and other specialists, and, whenever there shall be no corporate Executor in office, a corporate custodian, and to delegate to investment counsel discretion with respect to the investment and reinvestment of any or all of the assets held hereunder. 6. EXCULPATORY CLAUSES. In the settlement of my estate: (a) My Executor shall not be personally liable for any loss to my estate or to any beneficiary of my estate resulting from an election made in good faith to claim a deduction as an income tax deduction or as an estate tax deduction. (b) In valuing property in my gross estate for the purposes of any Death Tax, my Executor shall not be personally liable for any loss to my estate or to any beneficiary of my estate resulting from my Executor's decision made in good faith to use a particular valuation date. 7. TAX CLAUSE. Except to the extent paid by the Trustee of the Trust referenced in ITEM 2 hereof, all inheritance, Page 5 of 8 Pages estate and similar taxes becoming due by reason of my death, except any taxes relating to generation skipping transfers imposed under Chapter 13 of Subtitle B of the Internal Revenue Code, as amended ("Death Taxes"), whether such Death Taxes shall be payable by my estate or by any recipient of any property, shall be paid by my Executor out of the property passing under ITEM 2 of this Will as an expense and cost of administration of my estate; provided, however, that if any property held in any testamentary or inter vivos trust created by My Spouse is includable in my estate for purposes of any Death Tax, then any Death Tax attributable to the inclusion of any such property in my estate for the purposes of that Death Tax shall be paid out of such property or the recipients of such property; and if such Death Taxes are nevertheless paid by my Executor, I direct my Executor to obtain reimbursement or contribution for any such taxes paid by my Executor. Except to the extent above provided, my Executor shall have no duty or obligation to obtain reimbursement for any Death Taxes paid by my Executor, even though paid with respect to proceeds of insurance or other property not passing under this Will. 8. CUSTODIAN OF ESTATES. If at any time any individual under the age of twenty-one shall be entitled to receive any assets free of trust by reason of my death, whether payable hereunder, by operation of law or otherwise, I appoint my Page 6 of 8 Pages Executor hereinafter named as Custodian for such individual under the Pennsylvania Uniform Transfers to Minors Act. 9. EXECUTOR POWERS REGARDING BASIS ADJUSTMENT. I hereby authorize my Executor in my Executor's sole and absolute discretion to allocate any adjustments to the income tax basis of assets of my estate to such assets as my Executor deems to be appropriate. I recognize that this power gives my Executor broad latitude which I wish my Executor to exercise while taking into account such factors as my Executor deems beneficial to all of the beneficiaries of my estate. My Executor shall not be liable for any loss to my estate or to any beneficiary of my estate resulting from such allocation made in good faith. 10. EXECUTOR APPOINTMENT. I hereby appoint My Spouse, ROSEMARY A. PORTA, as Executrix of this Will. If for any reason My Spouse should fail or cease to act, I appoint my daughter, ANNETTE M. McHUGH, as Executrix, and if for any reason my daughter should fail or cease to act, I appoint my son, JOHN E. PORTA, as Executor in her place, and if my son should fail or cease to act, I appoint PNC BANK, N.A., as Executor. All references in this "Executor" shall refer to my originally named or to my successor Executrix or Executor, as the case Will to my Executrix, may be. 11. WAIVER OF BOND; FIDUCIARY FEES. The Custodian and my Executor shall qualify and serve without the duty or obligation Page 7 of 8 Pages of filing any bond or other security. Any corporate fiduciary shall be entitled to compensation for services in accordance with the standard schedule of fees in effect when the services are rendered. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding seven (7) pages, this ~O~ day of ~ , 2002. Porta We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above-named Testator as and for his Last Will and Testament, in the presence of us, who, at his request and in his presence and in the presence of each other, have hereunto set our hands and seals the day and year above written, and we certify that at the time of the said Testator was of sound and disposing exec~..~er~of, the mi n~'n~o ~y. ~ (SEAL) Page 8 of 8 Pages COMMONWEALTH OF PENNSYLVANIA CO NT SS: We, JOHN A. PORTA, ~,~ ~. ~%'~ and , the Testator and the Witnesses, respectively, whose names are signed to the foregoing instrument, having been sworn, do hereby declare to the undersigned officer that the Tesuator, in the presence of the Witnesses, signed said instrument as his Last Will and Testament, that he signed voluntarily, that each of the witnesses, in the presence of the Testator and of each other, signed saLd Will as a witness and that to the best of the knowledge of each witness, the Testator was at the time of sound mind influence. and under no constraint or undue Witness Subscribed and acknowledged before me by JOHN A. PORTA, the on this ~ day of Testator, and subscribed and sworn to before me by and tc~, , the witnesses, , 2002. Notary ~ublic My Commission Expires: ( SEAL ) Nolarlal Sea{ Cindy L. Leitzel, Notary Publlc City of Harrisburg, Dauphin County My Commission Expires Dec. 2, 2002 CODICIL TO THE LAST WILL AND TESTAMENT OF JOHN A. PORTA I, JOHN A. PORTA, of Hampden Township, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this to be a Codicil to my Last Will and Testament dated May 20, 2002. 1. I hereby delete ITEM 10 of my Will and in lieu thereof provide the folh:m, ing new ITEM 10: "10. EXECUTOR APPOINTMENT. I hereby appoint My Spouse, ROSEMARY A. PORTA, as Executrix of this Will. If for any reason My Spouse should fail or cease to act, I appoint my son, JOHN E. PORTA, as Executor, and if for any reason John should fail or cease to act, I appoint PNC BANK, N.A., as Executor. All references in this Will to my "Executor" shall refer to my originally named Executrix, or to my successor Executor, as the case may be." Page I of 2 Pages Original held by RhoadS & Sinon LLP 491420,1 IN WITNESS WHEREOF, I have hereunto set my hand and seal to this Codicil to my Last Will and Testament, consisting of this and the preceding one (1) page, this ,' ~ dayof ]~'-:~'/ge r- ,2003. A. Porta We, the undersigned, hereby certify that the foregoing Codicil was signed, sealed, published and declared by the above-named Testator as and for a Codicil to his Last Will and Testament, in the presence of us, who at his request'and in his presence and in the presence of each other, have hereunto set our hands and seals the day and year above written, and we certify that at the time of the execution thereof, the said Testator was of sound and disposing mind and memory. ~,'~./_~/~ 7,t. f/[Prl~(SEAL) Residingat:a3tOq ~/~/E/.~.~F,'t/ Page 2 of 2 Pages COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF '~.,_~t-,~ ~ We, JOITN A. PORTA, ~'9~-.~-[ A. %..4'tt~..~ and ~; .~3-~- ~t~)_.~__. 1-.\e ~-[ ~ the Testator and the Witnesses, respectively, whose names are signed to the fomgning instrument, having been sworn, do hereby declare to the undersigned officer that the Testator, in the presence of the Witnesses, signed said instrument as a Codicil to his Last Will and Testanaent, that he signed voluntarily, that each 0fthe witnesses, in the presence of the Testator and of each other, signed said Codicil as a wimess and that to the best of the knowledge of each witness, the Testator was at the time of sound mind and under no const~r undue influence. i/ness ~ Subscribed and acknowledged before me by JOHN A. PORTA, the Testator, and subscribed and swom to before me by -~-L-z-,-..Ae.[ ~ -. ~,..~ -Lc-.. and /~ dayof f~(oa~,_~l-,~.~-"-'- , ~ ;"'~.4~ A. r- .~..-.~_(~_, the witnesses, on this 2003. My Commission Expires: (SEAL) Notarial Seal Cindy L. Leitzeh Notary Public City O~ Harrisburg. Dauphin County My Commission Expires Dec. 2. 2006 REVOCABLE AGREEMENT OF TRUST "The John A. Porta Revocable Trust" Original held by ~hoads & SiMon LLP THIS REVOCABLE AGREEMENT OF TRUST ("Agreement") is made and entered into this a~ 0 day of ~ ,2002, by and between JOHN A. PORT& of Hampden Township, Cumberland County, Pennsylvania (the "Settlor"), and PNC BANK, N.A., a banking corporation with its principal office located in Cumberland County, Pennsylvania (the "Trustee"). WITNESSETH: WHEREAS, the Settlor desires to transfer the assets identified on Schedule "A" to the Trustee to hold upon the terms and conditions hereafter set forth; and WHEREAS, the Settlor may in the future place the active management and control of certain other property in the hands of the Trustee. NOW, THEREFORE, for and in consideration of their mutual covenants and promises, the parties agree as follows: 430408.1 ARTICLE I Trust Assets The Settlor hereby transfers to the Trustee the assets identified on Schedule "A" attached hereto and the Settlor, or any other party or person, may from time to time make policies of insurance on Settlor's life, individual retirement account benefits, and/or qualified or non- qualified retirement plan benefits payable to the Trustee, or may transfer other assets to the Trustee, subject to the terms of this Agreement, by inter vivos grant or by Will. The trust assets shall include the assets identified on Schedule "A", the proceeds of any insurance policies payable to the Trustee (collectively hereinafter called the "Policies"), and all such other benefits or added assets (collectively the "Trust Assets"), which shall be held, administered, disffibuted and governed by the Trustee, IN TRUST NEVERTHELESS, in accordance with the provisions of this Agreement and any amendments hereto. ARTICLE II During the Settlofs Lifetime During the Settlor's lifetime, the Trustee shall: (A) Have, hold, manage, invest and reinvest the Trust Assets, collect the income and pay over the net income to the Settlor as directed by the Settlor in writing delivered to the Trustee, after payment of all proper charges and expenses. In addition, the Trustee shall pay such portion or all of the principal of the Trust Assets to the Settlor as the Settlor may from time to time request. Any income not distributed to the Settlor during any calendar year shall be added to Trust principal at the end of each calendar year. (B) Pay and use such portion or all of the principal of the Trust Assets as the Trustee, in the Trustee's sole discretion, from time to time shall deem necessaxy -2' to provide for the proper maintenance, support, medical, hospital, nursing or nursing home care of the Settlor, or the Settlor's spouse, ROSEMARY A. PORTA (hereinafter the "Settlor's Spouse"). (C) Pay either from the principal or income of the Trust Assets any outstanding bills or obligations owing by the Settlor or the Settlor's Spouse. (D) Whenever and as often as, in the sole judgment of the Trustee, the Settlor, to whom payments of income and principal are herein directed to be made, shall be unable to act, or shall lack ability or shall otherwise be unable to apply such payments to the Settlor's own best interest and advantage, the Trustee, in the Trustee's sole discretion, may make ail or any portion of such payments in any one or more of the following ways: (1) directly to the Settlor; (2) to the legal guardian or duly authorized Agent under Settlor's Power of Attorney; or (3) the Settlor. by the Trustee expending the same for the benefit of ARTICLE III as follows: Upon the Settlor's Death Upon the death of the Settlor, the Trustee shall divide and distribute the Trust Assets (A) The Trustee shall place in Trust under ARTICLE IV (herein referred to as the "Unified Credit Trust") an amount equal to the sum of the balance of the dollar amount not taxed in the Settlor's estate due to the application to the Settlor's estate of(i) the applicable credit amount against federal estate tax permitted under Section 2010 of the Internal Revenue Code of 1986, as amended, or any subsequent successor or parallel provision thereto (the "Applicable Credit"), after taking into account the value, for federal estate tax purposes, of other transfers of the Settlor either during lifetime or at death which utilized or which will utilize a portion of the Settlor's Applicable Credit against federal gift and estate taxes; and (ii) the state death tax credit allowed for federal estate tax purposes (hut only to the extent its use -3- will not increase any Death Taxes, other than Pennsylvania Inheritance or Pennsylvania Estate Taxes, owing by the Settlor's estate), IN TRUST NEVER- THELESS, to be held, administered and disposed of in accordance with the provisions of ARTICLE IV hereof. (B) The Trustee shall distribute the balance of the Trust Assets remaining after the distribution under Paragraph A of this ARTICLE to the Settlofs Spouse, if the Settlor's Spouse is then living. If the Settlor's Spouse is not then living, then to the Settlor's issue living at the Settlor's death, per stirpes; provided, however, that should any such issue be other than a child of the Settlor and such issue has not then attained the age of twenty-five years, each such issue's share shall be retained by the Trustee as a separate trust estate, IN TRUST NEVERTHELESS, each to be held, administered and disposed of in accordance with ARTICLE V for the benefit of each such issue (the "Retention Trust"). If the Settlor's Spouse and ail of the Settlor's issue do not survive the Settlor, the remaining Trust Assets shall be distributed in accordance with the terms of ARTICLE VI hereof. ARTICLE IV The Unified Credit Trust The Trustee shall have, hold, manage, invest and reinvest the assets of Trust A, collect the income and (A) If the Settlor's Spouse, ROSEMARY A. PORTA (the "Settlor's Spouse"), survives the Settlor, then beginning at the Settlor's death, the Trustee shall pay over to the Settlor's Spouse during such spouse's lifetime the net income of the Unified Credit Trust in quarterly installments and such portions of the principal as, in the sole discretion of the Trustee, shall be necessary for the Setflofs Spouse's maintenance, support, medical and nursing care, taking into consideration any other means readily available for such purposes. (B) Upon the death of the survivor of the Settlor and the Settlor's Spouse, the Trustee shall distribute the then remaining principal and any undislributed income of the Unified Credit Trust to the Settlor's issue then living, per stirpes; provided, however, that should any such issue be other than a child of the Settlor and such issue has not then attained the age of twenty-five years, each such issue's share shall be retained by the Trustee as a separate trust estate, IN TRUST NEVERTHELESS, each to be held, administered and disposed of in accordance with ARTICLE V for the benefit of each such issue (the "Retention -4- Trust"). If the Settlor has no issue living at the death of the survivor of Settlor and Settlor's Spouse, then such remaining assets of the Unified Credit Trust shall be distributable in accordance with the terms of ARTICLE VI hereof. ARTICLE V The Retention Trust The Trustee shall have, hold, manage, invest and reinvest the assets of the Retention Trust, collect the income and (A) Until the beneficiary of the Retention Trust (the "Beneficiary") shall have attained the age of twenty-one years, the Trustee shall from time to time pay to or for the benefit of the Beneficiary such mounts of the net income and principal of the Retention Trust as, in the sole discretion of the Trustee, shall be necessary for the Beneficiary's maintenance, support, medical and nursing care and education, including college and graduate education, taking into consideration any other means readily available for such purposes. At the end of each year any unexpended income shall be added to the principal of the Retention Trust. (B) After the Beneficiary shall have attained the age of twenty-one years, the Trustee shall thereafter pay to the Beneficiary the net income derived from the Retention Trust in installments not less frequently than quarterly and such amounts of the principal as, in the sole discretion of the Trustee, shall be necessary for the Beneficiary's maintenance, support, medical and nursing care and education, including college and graduate education, taking into consideration any other means readily available for such purposes. (C) If at the time of the creation of the Retention Trust the Beneficiary shall have then attained the age of twenty-five years, or if the Beneficiary shall thereafter attain that age, the Trustee shall distribute outright to the Beneficiary the then remaining principal and any accumulated income of the Retention Trust. (D) If a Beneficiary shall die before final distribution of the assets of the Retention Trust is made, the then remaining principal and any undistributed income of the Retention Trust shall be distributed to the Beneficiary's issue then living, per stirpes; or if the Beneficiary has no issue then living, then to the then living issue, per stirpes, of the parent who was an issue of Settlor, and if such parent has no such issue living, to the Beneficiary's estate; provided, however, that if any such beneficiary is then a beneficiary of a Retention trust hereunder, -5- the share of such beneficiary shall be added to the principal of such Retention Trust as if an integral part thereof, to be held, administered and disposed of in accordance with the terms thereof. ARTICLE VI Contingent Distribution If at the time for distribution of any trust estate hereunder, the Settlor's Spouse and all of the Settlor's issue are deceased, the Trustee shall distribute the assets passing under this ARTICLE in five equal shares, as follows: one equal share to Settlor's Spouse's father, JOHN SCHNEIDERBAUER of Altoona, Pennsylvania; one equal share to Settlor's Spouse's aunt, MARY HEALY, of Duncansville, Pennsylvania; one equal share to Settlor's brother, DONALD PORT& of Altoona, Pennsylvania; one equal share to Settlor's sister, CONNIE LOU BURKET, of Mechanicsburg, Pennsylvania; and one equal share to Setflor's brother, RICHARD PORTA, of Mechanicsburg, Pennsylvania. If any of the foregoing beneficiaries is not living at the time for any distribution under this ARTICLE, such equal share shall be distributed to the deceased beneficiary's issue then living, per stirpes, and if there are no such issue then living, then such share shall be added equally to the other shares under this ARTICLE. ARTICLE VII Limitation of Trust Term Nothing herein is intended to, nor shall it be construed to, postpone the vesting of any part of the assets of this trust or of any separate trust estate created hereunder for more than -6- twenty-one years after the death of the survivor of the Settlor, the Settlor's Spouse and the Settlor's issue living at the Settlor's death. At the expiration of such period the assets of this trust and all of the separate trust estates hereunder shall immediately vest in fee simple absolute in and be distributed outright to the person or persons then entitled to receive the income therefrom, whether in the Tmstee's discretion or otherwise. ARTICLE VIII Spendthrift Provision No part of the income or principal of the property held under any trust created hereunder shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary prior to his or her actual receipt thereof. The Trustee shall pay over the net income and the principal to the parties herein designated, as their interests may appear, without regard to any attempted anticipation (except as specifically provided herein), pledging or assignment by any beneficiary under any trust created hereunder, and without regard to any claim thereto or attempted levy, attachment, seizure or other process against said beneficiary. ARTICLE IX Trustee Powers During the continuance of any trust created hereunder, the Trustee shall possess, among others, the following powers, exercisable without prior court approval, but in all cases to be exercised for the best interests of the beneficiaries: -7- (A) To retain any investments so long as the Trustee may deem it advisable so to do, including securities owned, issued or underwritten by any corporate Trustee or any of its affiliates. (B) To vary investments, when deemed desirable by the Trustee, and to invest in every kind of property and type of investment, including securities owned, issued or underwritten by any corporate Trustee or any of its affiliates, or as to which such Trustee or its affiliate acts as investment advisor, as the Trustee shall deem wise. (C) To exercise any outstanding stock option in effect at the Settlor's death, and to borrow any necessary funds from any person or institution, including the Trustee, to mortgage or pledge any or all real or personal property as the Trustee in the Trustee's sole discretion shall choose without regard for the dispositive provisions of this Agreement. (D) In order to effect a division of the principal of any trust or for any other purpose, including the final distribution of any trust, the Trustee is authorized to make said divisions or distributions of the personalty and realty partly or wholly in kind. If such division or distribution is made in kind, said assets shall be divided or distributed at their respective values on the date or dates of their division or distribution. In making any division or distribution in kind, the Trustee shall divide and distribute said assets in a manner which will fairly allocate any unrealized appreciation among the beneficiaries. (E) To sell either at public or private sale and upon such terms and conditions as the Trustee may deem advantageous to any trust, any or all real or personal estate or interest therein owned by any trust severally or in conjunction with other persons or acquired by the Trustee (including selling "short" any right, privilege, option or asset), and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings which may be necessary or desirable in carrying out any of the powers conferred upon the Trustee in this paragraph or elsewhere in this Agreement. (F) To make leases of real estate for any term. (G) To borrow money from any party, including the Trustee, to pay an indebtedness of the Settlor or of the Settlofs estate or trust, expenses of administ~a- -8- tion, all estate, inheritance and similar taxes (hereinafter referred to as "Death Taxes") and other taxes. (FI) To pay, in the Trustee's discretion, without reimbursement, all costs, Death Taxes or other taxes, expenses and charges in connection with the administra- tion of the Settlor's estate or mast, and to pay the funeral expenses and the expenses of the last illness of the Settlor. (I) To vote any shares of stock which form a part of any trust and to otherwise exercise all the powers incident to the ownership of such stock; to actively manage and operate any incorporated or unincorporated business, including any joint ventures and partnerships, and to incorporate any such unincorporated business, with all the fights and powers of any owner thereof. (J) In the discretion of the Trustee, to unite with other owners of similar property in carrying out any plans for the reorganization of any corporation or company whose securities form a part of any trust. (K) To assign to and hold in any trust an undivided portion of any asset. CL) To select, employ and compensate any person, firm or corporation engaged in rendering investment counsel advice to advise the Trustee in making investments, managing securities or making decisions concerning the purchase, retention, sale or other disposition of any part of any mast estate hereunder; and to select, employ and compensate any attorney or firm of attorneys to render legal services to the Trustee with respect to any trust estate hereunder. (M) To divide any trust hereunder into two or more separate, but identical, trusts. To divide any trust hereunder which would have a generation skipping transfer tax inclusion ratio other than one or zero, into two separate trusts which are fractional shares, known as the "exempt trust" and the "nonexempt trust". The exempt trust shall be that fractional share of the total trust fund that has a generation skipping transfer tax inclusion ratio of zero, and the nonexempt trust shall be the remaining fractional share of the mast, with a generation skipping transfer tax inclusion ratio of one. The terms and conditions of the nonexempt trust and the exempt trust will be identical. Any referenced to a trust created under this Agreement, without a further specification or limitation, shall be deemed to refer to both the exempt trust and the nonexempt trust, in proportionate amounts, where relevant. The assets of each separate exempt and nonexempt trust shall be held, administered and invested as separate trusts, and the Trustee shall maintain adequate accounting and records for both such trusts. The executor of the Settlor's estate shall indicate on the federal estate tax remm filed for the Settlor's estate that separate -9- trusts will be created (or funded) and clearly set forth the manner in which the trust is to be severed and the separate trusts funded. ARTICLE X Survival Presumptions Any person, other than the Settlor's Spouse, who shall have died at the same time as the Settlor or under such circumstances that it is difficult or impossible to determine who shall have died first, shall be deemed to have predeceased the Settlor. Iftbe Settlor and the Settlor's Spouse shall have died at the same time or under such circumstances that it is difficult or impossible to determine who shall have died first, the Settlor's Spouse shall be deemed to have survived the Settlor. Any person other than the Settlor who shall have died at the same time as any then beneficiary of income of a trust created hereunder or under such circumstances that it is difficult or impossible to determine who shall have died first, shall be deemed to have predeceased such beneficiary. ARTICLE XI Trustee's Duties With Respect to Policies The Trustee shall not be obligated to pay any premiums or assessments on any of the Policies and shall be under no obligation with respect to the Policies, except for safekeeping during the Settlofs lifetime and to the extent otherwise expressly agreed to herein. - 10- ARTICLE XII Settlor's Reserved Rights With Respect to Policies With respect to any of the Policies, the Settlor reserves to himself, during his ownership of said Policies and during his lifetime, all rights, payments, dividends, surrender values and benefits of any kind which may accrue on account of any of the Policies, and the right at any time to assign, pledge or use said Policies, or any of them, or to change the beneficiary thereof to borrow money thereon, or for any purpose, without the consent, approval or joinder of the Trustee or any beneficiary hereunder. It is the intent of the Settlor, with regard to said Policies, that this Agreement shall be operative only with respect to the proceeds of such of the Policies as may be due and payable to the Trustee at the time of the death of the Settlor or thereafter, after deduction of all charges against the Policies by reason of advances, loans, premiums or otherwise; and the receipt of the Trustee for such proceeds shall release the insurance companies from liability on the Policies. ARTICLE XIII Collection of Policy Proceeds The Settlor agrees and directs that, upon the Settlor's death, the proceeds of all Policies which are then subject to the terms of this Agreement shall be paid in accordance with the directions then set forth in said Policies or the beneficiary designations then attached thereto. In the event the proceeds of said Policies are payable to the Trustee, the Trustee may institute any proceeding at law or in equity in order to enforce the payment thereof, and may do and perform any -11- and ail other acts and things which may be necessary, for the purpose of collecting any sums which may be due and payable under the terms of said Policies; it being distinctly understood, however, that the Trustee shall not, except at the Tmstee's option, enter into or maintain any litigation to enforce the payment of said Policies until the Trustee shall have been guaranteed indemnification, to the Trustee's satisfaction, by one or more of the beneficiaries of this Agreement against ail expenses and liabilities to which the Trustee may, in the Trustee's judgment, be subjected by any such action. The Tmstee is authorized to compromise and adjust claims arising out of the Policies, or any of them, upon such terms and conditions as the Trustee may deem just, and the decision of the Trustee shall be binding and conclusive upon all persons and corporations interested therein. ARTICLE XIV Successor Trustees (A) At Settlor's death, the Settlor's Spouse shall become a Co-Trustee hereunder and if Settlor's Spouse should for any reason fail or cease to act, Settlor's daughter, ANNETTE M. McHUGH, shall become a Co-Trustee in her place. (B) An individual Trustee shail be deemed to have failed to serve as Trustee hereunder if, among other reasons, the treating physician of such individual Trustee shall certify in writing that such Trustee possesses permanent mental or physical incapacities which preclude such Trustee from discharging his or her duties as Trustee hereunder. (C) Any Trustee serving hereunder shall have the right to resign from such office at any time, with or without cause and without Court approval. No successor Trustee shall be liable for the actions of the Trustee occurring prior to the successor Trustee taking office. (D) Subsequent to the Settlofs death, the Settlor's Spouse so long as Serdor's Spouse is living and thereafter Settlor's children living from time to time, by majority vote, shail be authorized, by written notice directed to the Trustee, to -12- remove any corporate Trustee, for any reason, without cause and without Court approval, to replace said corporate Trustee with another corporate Trustee having fiduciary powers and to fill any vacancy in the office of Trustee so that there are always two Trustees serving from time to time after the Settlor's death. (E) Notwithstanding anything to the contrary herein contained, so long as a Trustee or the issue of such trustee is a beneficiary of any trust hereunder, such Trustee shall not participate in any discretionary determination of the Trustee (i) to make trust distributions to or for the benefit of such Trustee or his or her own issue; or (ii) to terminate any trust for the benefit of such Trustee or his or her issue under the ARTICLE hereof captioned "Additional Trust and Trustee Provisions". (F) All references herein to the "Trustee" shall refer to the originally named Trustee(s) and to any successor Co-Trustees or sole successor Trustee, as the case may be. ARTICLE XV Additional Trust and Trustee Provisions (A) If there should be established by the Settlor or the SettIor's Spouse, either in a Last Will and Testament or by inter vivos Deed or Agreement, trusts identical to the trusts herein established for the benefit of the Settlofs issue, the Trustee herein shall have the right and power to merge trusts herein established with identical trusts for the same beneficiaries established by the Settlor or the Settlor's Spouse and to operate each of the merged masts as a single trust. (B) Whenever the Trustee, in the Trustee's sole discretion, determines that any trust hereunder should be terminated because said trust is too small to justify its maintenance as a separate trust, the Trustee, without any liability to any person or remainderman whose interest may be affected thereby and without the necessity of prior court approval, shall terminate such trust and shall distribute the assets of the terminated trust outright to the individual or individuals at that time eligible to receive the income therefrom. If any additions to any such trust are received after its termination under this ARTICLE, such trust shall be revived and this provision shall continue to apply to it. The Trustee discretion herein granted shall in no event be construed as giving any potential distributee ora trust the right to compel a termination in whole or in part of such trust. 13- ARTICLE XVI Custodian If at any time any individual under the age of twenty-one years shall be entitled to receive any assets hereunder free of trust, the non-corporate Trustee serving hereunder shall act as Custodian of such assets for the benefit of such individual under the Pennsylvania Uniform Transfers to Minors Act. ARTICLE XVII Surety and Compensation of Trustee The Trustee shall serve without the duty or obligation of filing any bond or other security and shall be entitled to compensation for services in accordance with the standard schedule of fees in effect when the services are rendered. ARTICLE XVIII Death Taxes All inheritance, estate and similar taxes becoming due by mason Of Settlor's death, except any taxes relating to generation skipping lxansfers imposed under Chapter 13 of Subtitle B of the Internal Revenue Code, as amended ("Death Taxes"), whether such Death Taxes shall be paid by Settlor's Executor or by the Trustee hereunder, shall be charged to the property passing to the Unified Credit Trust under ARTICLE IV of this Agreement; provided, however, that if any property held in any testamentary or inter vivos trust created by Settlor's Spouse is includable in - 14- Senior's estate for purposes of any Death tax, then any Death Tax attributable to the inclusion of any such property in Settlor's estate for the purposes of that Death Tax shall be paid out of such property or by the recipients of such property. ARTICLE XIX Revocability The Settlor may, by instrument in writing delivered to the Trustee, modify, alter or revoke this Agreement in whole or in part; provided, however, that the duties, powers, compensation and liability of the Trustee shall not be changed without the written consent of the Trustee. ARTICLE XX Sims This Agreement and any trust created hereunder shall be governed by the laws of Pennsylvania and shall have its sims in Cumberland County, Pennsylvania. IN WITNESS WHEREOF, JOHN A. PORTA, as Settlor, has hereunto affixed his hand and seal, and PNC BANK, N.A., as Trustee, has caused this Revocable Agreement of Trust to be signed by its duly authorized officers and its corporate seal affixed, all as of day and year first above written. SETTLOR: r'~"N (SEAL) ATTEST: (Assistant) Secretary (SEAL) TRUSTEE: PNC BANK, N.A. By:~ (Vice) President -16- The John A. Porta Revocable Trust SCHEDULE"A" SETTLOR: Jt¥ ^. ~o,~ ' (SEAL) ATTEST: (Assistant) Secretary (SEAL) TRUSTEE: PNCBANK, N.A. By~~ (Vi¢¢)Presi~nt COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ~.'r, ~_?~; .x. ) On this, the ~_~- day of Yt\c,,.~f. ,2002, before me, a notary public, the undersigned officer, personally appeared JOHN A. PORTA, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~tary Public My Commission Expires: (SEAL) Cindy L. LcitzeI, Nolary l~b e City of H~xrisburg, Dauphin Coamy My Commission Expires Dec. 2, 2002 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF I ?-'~,OV~, ,~. ) On this, the .3 t day of }' 'k.c; ~,~ ,2002, before me, the undersigned, officer, personally appeared L. c,~,; ¢} 2, . t.~, r-, .. · -. , who acknowledged himself/herself to be the ~/~' ¢¢ ~'~,' ':.'ldt','-~, of PNC BANK, N.A., a banking corporation, and that he/she as such officer, being authorized to do so, executed the tbregoing Agreement for the purposes therein contained by signing the same on behalf of the corporation by himself/herself as such officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My Commission Expires: (SEAL) Notarial Seal Cindy L. Leitzel. Noisy Public y of Harrisburg, Dauphin County My Commission Expires l:~-c, 2, 2002 FIRST AMENDMENT TO REVOCABLE AGREEMENT OF TRUST "THE JOHN A. PORTA REVOCABLE TRUST" Dated May 20, 2002 THIS FIRST AMENDMENT TO THE REVOCABLE AGREEMENT OF TRUST ("First Amendment") is made and entered by and between JOHN A. PORTA, of Hampden Township, Cumberland County, Pennsylvania (hereinafter the "Settlor"), and accepted by PNC BANK, N.A., a banking corporation with its principal office located in Cumberland County, Pennsylvania (hereinafter the "Trustee"). WITNESSETH: WHEREAS, the Settlor by Agreement of Trust dated May 20, 2002, established The John A. Porta Revocable Trust Agreement (hereinafter the"Agreement"), ARTICLE XIX of which allowed the Settlor to modify or amend the Agreement in writing, which the Settlor hereby intends to do. NOW, THEREFORE, the Settlor hereby amends the Agreement of Trust as follows: 1. The Settlor hereby deletes paragraph (A) of ARTICLE XIV and in lieu thereof provides the following: "(A) At Settlor's death, the Settlor's Spouse shall become a Co- Trustee hereunder and if Settlor's Spouse should for any reason fail or cease to act, Settlor's son, JOHN E. PORTA, shall become a Co-Trustee in her place." IN WITNESS WHEREOF, John A. Porta, as Settlor, has hereunto set his hand and seal, and PNC BANK, N.A., as Trustee, has caused this First Amendment to the Revocable Trust Original held by Rhoads & Sinon LLP eement to be signed by its duly author/zed officers and its corporate seal affixed, all on this dayof N~ve~'cr ,2003. SETTLOR: J(J(J~hn A. Porta (SEAL) The undersigned hereby accepts this First Amendment to Agreement of Trust: ATTEST: TRUSTEE: PNC BANK, N.A. Title: ~/~ O ~ /9~'s'd-~t (SEAL) -2- COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ~c ~..~b-.; ,,~.~ ) On this, the ['d_.-- day of k-[ ,~,~c: ~.,-[,~"-- , 2003, before me, a notary public, the undersigned officer, personally appeared JOHN A. PORTA, to me known to be the person described in and who executed the foregoing First Amendment to Agreement of Trust, and acknowledged that he executed the same for the purposes thereon contained. IN WH'NESS WI[ER. EOF, I hereunto set my hand and official seal. Notary Public My Commission Expires: (SEAL) COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF dt/t~'/~Jl:~/~'~4 ) Onthis, the //f~ dayof ~oUt-~loer ,2003, beforeme, the undersigned, officer, personally appeared 2)~u,,to ,4. /~/,~/ , who acknowledged himself/herself to be the (Vice) President of PNC BANK, N.A., a banking corporation, and that he/she as such officer, being authorized to do so, executed the foregoing Amendment for the purposes therein contained by signing the same on behalf of the corporation by himself/herself as such officer. IN wrI'NESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Carol A. Leiphart, Notary Public Hampton Twp., Cumberland County My Cemrnissk~ Expires Nov. 15. 2007 Member. Pennsylvania Association Of Notaries ~)tary Pu¢lic .' ' / My Commission Expires: (SEAL) dno.~o saa!~aS le!aueu!J ~)Nd aqJ. :F) ~aq~u.lm y s~os~oYDNd ~ 8Ir 9~-~ 00'09I'9 $ OD'Z,O['~[ ..... 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JO ssaJppe pue aujeN 0~6 L/~I,./B IN I el.md y uqor '.ilJ!q ,Io ale0 £t, xps Zt'J paJnsu! 70 aujeN uo-IleUUOjUl ~[:).llOd -8 NOI1335 ,4 .............. pa]]!u~qns elep uol)enle,', q3!q~ JOj q]eap s, luepa3ap jo aleO £00ZILTI · ................... pa~)!ujqns elep UO!lenre^ u::'!q.',), ,)oj U!§ jo aleO Is[ ' i t e~l°dI Y ULIO~' Jaqmnu ,(lun:oas le!::)oS I1£ aweu lSe"l L£ (luepe:~ap Jo) .~ouop jo le!]!u! alpp!uJ pue aujeu 1sJ!-4 uo~eu.uojUl leJaue~ 'V NCq£:~3S paJnSUI RU!A!-'I ESTATE OF JOHN A. PORTA, DECEASED IN THE COURT OF COMMON PLEAS CLrMBEKLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVI_~'~N c5 ~. ~' NO.t'la~a~of 2004 '-- ~ , DISCLAIMER AND RENUNCIATION I, ROSEMARY A. PORT& an adult individual residing at 3613 Horsham Drive, Mechanicsburg, Cumberland County, Pennsylvania, given the death of my husband, John A. Porta (hereinafter "My Spouse") on May,~ 2004, do hereby exercise the fight granted to me under Chapter 62 of the Pennsylvania Probate Estates and Fiduciary Code, 20 Pa. C.S.A. Section 6201 et seq., and Sections 2046 and 2518 of the Internal Revenue Code of 1986, as mended, (the "Code') and hereby in'evocably, absolutely and without qualification, forever disclaim, renounce, release and refuse all of my right, title, claim or interest in the Variable Annuity Contract (Contract No. 10- 013-062) between My Spouse and Massachusetts Mutual Life Insurance Company, howsoever such rights arise. The within disclaimer relates only to all of my interests in the above described Annuity and shall not include a disclaimer of any other interests passing to me as a consequence of the death of My Spouse, whether distributable to me by operation of law, intestacy, contract, inter vivos transfer or testamentary disposition. IN WITNESS WHEREOF and intending to be legally bound hereby, and further intending that this Disclaimer and Renunciation be filed with the Clerk of the Cumberland County Orphans' Court and delivered to Massachusetts Mutual Life Insurance Company, and a copy 523040.1 delivered to Annette M. McHugh, John E. Porta and Carolyn A. Wemer, all as provided~in 20 Pa. C.S.A. Section 6204Co.1), I have hereunto set my hand and seal, th/s.~.~ ~ day of~, 2004. DISCLAIMANT: -- ( Rosemary~gorta COMMO~ALTH OF PENNSYLVANIA SS: On this, the ~-~--)~ day of J/-~.~%... ,2004, before me, a notary public, the undersigned officer, personally appeared ROSEMARY A. PORTA, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Disclaimer and Renunciation, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WI-IEREOF, I hem. unto set my .hand and official seal. Notary Pubti~ My Commission Expires: (SEAL) COMMONWEALTH OF PENNSYLVANIA Notarial Seal Cindy L. Leitzel, Notary Public City of Harrisburg, Dauvliin Count~ MyCommission Expires'Dec. 2, 2006 ESTATE OF JOHN A. PORTA, : DECEASED : . : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. ~OF 20O4 RECEIPT MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, Obligor under the Variable Annuity Contract with John A. Porta (Contract No. 10-013-062) and transferor of the interest under said contxact, hereby acknowledges receipt of the foregoing Disclaimer and Renunciation from ROSEMARY A. PORTA this 0 ~'( day of Ooo, cx_c~ , 2004. ATTEST: MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY ¢ ~-~'-(Vice) President COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ) undersigned, officer, personally appeared ~,/~ , 2004, before me, the , who acknowledged himself/herself to be the (Vice) President of MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, a banking corporation, and that he/she as such officer, being authorized to do so, executed the within document for the purposes therein contained by signing the name on behalf of the Bank by himself/herself as such officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My Commission Expires: (SEAL) ~ PATR C A A, TRE~OLtN~ 1] Notary 1[ Commonwealth ~f ESTATE OF JOHN A. PORTA, : DECEASED : : : IN THE COURT OF COM/~ON PLEAS CUlVIBERLAND COLrNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO.d~td OF 2004 RECEIPT ANNETTE M. MCHUGH, Secondary Beneficiary under the Variable Annuity Contract between John A. Porta and Massachusetts Mutual Life Insurance Company (Contract No. 10- 013-062), hereby acknowledges receipt of the foregoing Disclaimer and Renunciation from ROSEMARY A. PORTA this ~ ~ ' day of tg~/,~/- , 2004. WITNESS: C~ OF PE~P~Si'LVA.I',m,.A ) ) SS: COUNTY OF ~ ~-) ~ ~7/.~ ) Onthis, the 0(D dayof ~/.1~7" ,2004, beforeme, a notary public, the undersigned officer, personally appeared ANNETTE M. MCHUGH, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Receipt and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHBREOF, I hereunto set my hand and official seal. ary public My Commission Expires: (SEAn) ESTATE OF JOHN A. PORTA, : DECEASED : : : IN THE COURT OF COMMON PLEAS CUMBERLAND COLrNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. z~# OF 2004 RECEIPT JOHN E. PORTA, Secondary Beneficiary under the Var/able Annuity Contract between John A. Porta and Massachusetts Mutual Life Insurance Company (Contract No. 10-013-062), hereby acknowledges receipt of the foregoing Disclaimer and Renunciation from ROSEMARY A. PORTAthis Z~ dayof ,2004. COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ~'~%Ot~[ ~ ) On this, the ~ ~) day of _-~c~L-~ ,2004, before me, a notary public, the undersigned officer, personally appeared JOHN E. PORTA, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Receipt and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public~ My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Cindy L. Leit:~l, Notm'y Public City of Hanisburg, Dauphin Cotmty MyCommission Expir~sDcc. 2, 2006 ESTATE OF JOHN A. PORTA, : DECEASED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DMSION NO. t~ OF 2004 ROSEMARY A. PORTA this ~' RECEIPT CAROLYN A. WERNER, Secondary Beneficiary under the Variable Annuity Contract between John A. Porta and Massachusetts Mutual Life Insurance Company (Contract No. 10- 013-062), hereby acknowledges receipt of the foregoing Disclaimer and Renunciation from __ day of ~'x ,2004. WITNESS: COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF /~no ~J ) Onthis, the3~- dayof f~r~aL .2004, beforeme, a notary public, 0 the undersigned officer, personally appeared CAROLYN A. WERNER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Receipt and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: (SEAL) Qncly L Stone, Notaly put:li~ ESTATE OF JOHN A. PORTA DATE OF DEATH: 05/03/2004 SSN: 183-34-7651 Pennsylvania Inheritance Tax Return CALCULATION OF ASSETS PASSING TO UNIFIED CREDIT TRUST Gross Estate Less: Debts, Funeral and Administration Expenses Less: Preresiduary assets passing to spouse Auto IRA's 28,235.00 309,686.51 Less: Preresiduary assets passing to children Mass. Mutual annuity Assets Passing to Unified Credit Trust (before taxes) Life estate factor Life estate interest passing to spouse Assets Passing to Unified Credit Trust (before taxes) Remainder factor Remainder interest passing to children 1,758,777.74 38,202.35 1,720,575.39 338,011.51 1,382,563.88 46,701.13 1,335,862.75 x.48336 645,702.62 1,335,862.75 x.5166{ 690,160.13 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG, PA 17128-0601 RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT REV-1162 EXI11-96) NO. CD 004792 SMITH STANLEY A P O BOX 1146 HARRISBURG, PA 17108-1146 ........ fold ESTATE INFORMATION: SSN: 183-34-76§ 1 FILE NUMBER: 2104-0600 DECEDENT NAME: PORTA JOHN A DATE OF PAYMENT: 12/30/2004 POSTMARK DATE: 12/30/2004 COUNTY: CUMBERLAND DATE OF DEATH: 05/03/2004 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 $1,579.81 TOTAL AMOUNT PAID: $1,579.81 REMARKS: SEAL CHECK# 1181656 INITIALS: JA RECEIVED BY: GLENDA FARNER STRASBAUGH REGISTER OF WILLS REGISTER OF WILLS BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION PO BOX Z80601 HARRISBURG PA 171Z8-0601 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE NOTICE OF INHERITANCE TAX APPRAISEMENT. ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX STANLEY A SMITH RHOADS & SINON PO BOX 1146 HBG ESQ DATE ESTATE OF DATE OF DEATH FILE NUMBER COUNTY ACN 03-28-2005 PORTA 05-03-2004 21 04-0600 CUMBERLAND 101 '* REV-1547 EX AFP (03-05) JOHN A Allount Rellitted PA 17108 MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE. PA 17013 CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ... if.l!t!-Y!rl:"Yf.m.m!'U!'.wtltm.W.!MftAW4M!r.tx't.lWAlTftNrm'~.-XCUJV~M:Y.~Tt'.............. ... DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX ESTATE OF PORTA JOHN A FILE NO. 21 04-0600 ACN 101 DATE 03-28-2005 TAX RETURN WAS: (X) ACCEPTED AS FILED ) CHANGED I~ an assessment was issued previously, lines 14, 15 and/or 16, 17, 18 and 19 will r~lect ~igures that include the total o~ ALL returns assessed to date. ASSESSMENT OF TAX: 15. Allount of Line 14 at Spousal rate (15) 16. Allount of Line 14 taxable at Lineal/Class A rate (16) 17. Allount of Line 14 at Sibling rate (17) 18. Allount of Line 14 taxable at Collateral/Class B rate (18) 19. Principal Tax Due TAX CR DITS: RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Real Estate (Schedule A) 2. Stocks and Bonds (Schedule B) 3. Closely Held Stock/Partnership Interest (Schedule C) 4. Mortgages/Notes Receivable (Schedule D) 5. Cash/Bank Deposits/Misc. Personal Property (Schedule E) 6. Jointly Owned Property (Schedule F) 7. Transfers (Schedule G) 8. Total Assets U) (2) (3) (4) (5) (6) (7) .00 .00 .00 .00 28.325.00 .00 1.730.452.74 (8) APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Adll. Costs/Misc. Expenses (Schedule H) 10. Debts/Mortgage Liabilities/Liens (Schedule I) 11. Total Deductions 12. Net Value of Tax Return 13. Charitable/Governllental Bequests; Non-elected 9113 Trusts (Schedule J) 14. Net Value of Estate Subject to Tax (9) UO) 26.969.04 11.233.31 UlJ (2) (3) (4) NOTE: 983.714.13 ~,")OO = 736.861.26 X.~ = """1 .00 X ~~?1 ...; .00 X l~:'t:q (l?:~= NOTE: To insure proper credit to your account. subllit the upper portion of this forll with your tax paYllent. 1.758.777.74 38.202 35 1.720.575.39 .00 1.720.575.39 ~~,; .00 '-.n. ..".-d_' cf'33 . 15:8.'-16 :"] ,;::0 0 ,",";-," ..-~:::OO I ..' . ..,.-33.158;:76 AMOUNT PAID 30.000. oq :::i 1.579.81 (""'.,) (-r'l + INTEREST/PEN PAID (-) 1.578.95 .00 DATE 08-02-2004 12-30-2004 NUHBER ..... CD004218 ...... CD004792 TOTAL TAX CREDIT BALANCE OF TAX DUE INTEREST AND PEN. TOTAL DUE w (.n 33.158.76 .00 .00 .00 . IF PAID AFTER DATE INDICATED. SEE REVERSE FOR CALCULATION OF ADDITIONAL INTEREST. IF TOTAL DUE IS LESS THAN $1. NO PAYMENT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR). YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.) ~ ~ Q.. BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION PO BOX Z8060l HARRISBURG PA 171Z8-0601 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE NOTICE OF DETERMINATION AND ASSESSMENT OF PENNSYLVANIA ESTATE TAX BASED ON FEDERAL ESTATE TAX RETURN *' REV-483 EX AFP (03-05) STANLEY A SMITH RHOADS & SINON PO BOX 1146 HBG ESQ DATE ESTATE OF DATE OF DEATH FILE NUMBER COUNTY ACN 03-28-2005 PORTA 05-03-2004 21 04-0600 CUMBERLAND 201 JOHN A AIIount Relli tted PA 17108 MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 NOTE: To insure proper credit to your account, submit the upper portion of this form with your tax payment. CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR FILES ~ 1~:'A~1!i.~'.1r~J~~7......ii.A~,r,rel:.~~.1n!~!JDrf!bll.lJnf.l~1rIA~~A~............................ OF PENNSYLVANIA ESTATE TAX BASED ON FEDERAL ESTATE TAX RETURN .. ESTATE OF PORTA JOHN A FILE NO.21 04-0600 ESTATE TAX DETERMINATION ACN 201 DATE 03-28-2005 1. Credit For State Death Taxes as Verified 16.693.55 2. Pennsylvania Inheritance Tax Assessed (Excluding Discount and/or Interest) 31.579.81 3. Inheritance Tax Assessed by Other States or Territories of the United States (Excluding Discount and/or Interest) .00 4. Total Inheritance Tax Assessed 31.579.81 5. Pennsylvania Estate Tax Due .00 TAX CREDITS: PAYMENT DATE RECEIPT NUMBER DISCOUNT (+) INTEREST/PEN PAID (-) AMOUNT PAID (,...j .J:-- TOTAL TAX CREDIT .00 BALANCE OF TAX DUE .00 INTEREST AND PEN. .00 TOTAL DUE .00 -IF PAID AFTER THIS DATE, SEE REVERSE SIDE (IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED FOR CALCULATION OF ADDITIONAL INTEREST. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.) _c:...+ RlIOADS & SINON LLP Stanley A. Smith Phone (717) 231-6628 Fax (717) 231-6676 ssmith@rhoads-sinon.com FILE NO 7032/03 June 30, 2005 Re: Estate of John A. Porta File No.: 21-04-0600 Ms. Glenda Famer-Strasbaugh Register cf\Vill=:; Cumberland County Courthouse I Courthouse Square Carlisle, P A 17013 Dear Ms. Famer-Strasbaugh: Enclosed is a copy of the estate tax closing document dated June 29,2005 relative to the above. Please make this a part of the permanent record of this estate. If you have any questions, please let me know. Very truly yours, RHO.' . ~.A &..? SIY,/ON LLP A:~T Enclosure cc: Mr. David A. Brown, PNC Advisors 569722.1 Rhoads & Sinon LLP . Attorneys at Law. Twelflh Floor. One South Market Square. PO. Box 1146 Harrishurg, PA 17108-1146 . ph (717) 233-5731 . Ix (717) 232-1459 . www.rhoads-sinon.colll STANLEY A SMITH RHOADS & SINON PO BOX 1146 HBG ESQ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE NOTICE OF DETERMINATION AND ASSESSMENT OF PENNSYLVANIA ESTATE TAX BASED ON FEDERAL CLOSING LETTER DATE ESTATE OF DATE OF DEATH FILE NUMBER COUNTY ACN *' BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION PO BOX 280601 HARRISBURG PA 171Z8-06Dl IIEY-7U EXAFP U'-D!il PA 17108 08-01-2005 PORTA 05-03-2004 21 04-0600 CUMBERLAND 202 APPEAL DATE: 09-30-2005 (See reverse side under Objection.) Amount Remitted I I MAKE CHECK PAYABLE AND REMIT PAYMENT JOHN A TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 NOTE: To insure proper credit to your account, sub.lt the upper portion of this forn with your tax p.~Bnt. CUT ALONG THIS LINE -+ RETAIN LOWER PORTION FOR YOUR FILES +- R'E-y=73rEiC'AWTiii:.-oi'j-----..-NoficriiniET'E-iiiiN'AfiOtniili-ASSESiiiiENy---------------------------- OF PENNSYLVANIA ESTATE TAX BASED ON FEDERAL CLOSING LETTER .. ESTATE OF PORTA JOHN A FILE NO.21 04-0600 ACN 202 DATE 08-01-2005 ESTATE TAX DETERMINATION 1. Credit FDr State Death Taxes as Verified 16,693.55 2. Pennsylvania Inheritance Tax Assessed (Excluding DiscDunt and/Dr Interest) 31,579.81 3. Inheritance Tax Assessed by Other States Dr TerritDrias Df the United States (Excluding DiscDunt and/Dr Interest) .00 4. TDtal Inheritance Tax Assessed 31.579.81 5. Pennsylvania Estate Tax Due .00 6. AmDunt Df Pennsylvania Estate Tax PreviDusly Assessed Based Dn Federal Estate Tax Return .00 7. AdditiDnal Pennsylvania Estate Tax Due .00 TAX CREDITS: PAYMENT RECEIPT DISCOUNT (+) J'....,) AMOUNT PAID 0 c::.. DATE NUMBER INTEREST/PEN PAID (-) r"- , ~, .'1 ';.,n , := -) ~ c::: ~' (=~ -2 ~,~-; :--:J >' '-'-J .f-;j I , ,-~ :J ':>..;: (J1 -: J .' -- ,-:::> ...~.Q :;::a - , " :.:::: -'1 . - '-5 - :' CI - . ;1 .. ~ '=! TOTAL TAX CREDIT .00 BALANCE OF TAX DUE .00 INTEREST AND PEN. .00 TOTAL DUE .00 -IF PAID AFTER THIS DATE, SEE REVERSE SIDE (IF TOTAL DUE IS LESS THAN $1, NO PAYHENT IS REQUIRED FOR CALCULATION OF ADDITIONAL INTEREST. IF TOTAL DUE IS REFLECTED AS A "CREDIT" ICRJ, YOU HAY BE 'f- DUE A REFUND. SEE REVERSE SIDE OF THIS FORH FOR INSTRUCTIONS.) c>~' RHOADS & SINON LLP Li C)C l.Ll C) LL-. ~ Li, e) ( c=) c Li.1 f~; , (: ~;! 523515.1 Yvonne R. Durham Phone (717) 23 1-6677 Fax (717) 232-1459 ydurham@rhoads-sinon.com FILE NO 8129/02 November 7,2005 Re: The John A. Porta Revocable Trust Ms. Glenda Farner-Strasbaugh Register of Wills Cumberland County Courthouse 1 Courthouse Square Carlisle, P A 17013 Dear Ms. Farner-Strasbaugh: Enclosed for filing is an original Approval of Account, Receipt, Release and Indemnification and a check in the amount of $5.00 to cover the filing cost. Please date stamp the copy of this letter, with the first page of the Approval of Account, Receipt, Release and Indemnification attached, and return them to us in the enclosed envelope. Thank you for your assistance. Very truly yours, RHOADS & SINON LLP Enclosures YRD/shp > f1""~; LbhLe-. ;{'. ~~ By: / I~v e R. Durham ~. alegal ("'") r""':"',> ,--. . t f . ~- .:.-, Rhoads &: Sinon LLP . Attorneys at Law. Twelfth Floor. One South Market Square. PO. Box 1146 Harrisburg, PA 17108-1146 . ph (71 7) 233-5731 . fx (717) 232-1459 . www.rhoads-sinon.com IN RE: INTER VNOS TRUST OF JOHN A. PORTA IN THE COURT OF COlvlMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DMSION ESTATE OF JOHN A. PORTA NO. 0600 OF 2004 APPROVAL OF ACCOUNT. RECEIPT. RELEASE AND INDEMNIFICATION WHEREAS, JOHN A. PORTA (the "Settlor") established The John A. Porta Revocable Trust (the "Trust") under agreement dated May 20,2002, as amended by a First Amendment dated November 12, 2003 (collectively the "Trust Agreement"), which instruments name PNC Bank, N.A. as Trustee; and WHEREAS, John A. Porta died on May 3,2004, survived by his wife, Rosemary A. Porta, and his three children, John E. Porta, Annette M. McHugh and Carolyn A. Werner (the "Beneficiaries"); and WHEREAS, Article XIV (A) of the Trust Agreement provides that, upon the Settlor's death, the Settlor's spouse, Rosemary A. Porta, and PNC Bank, N.A. shall act as Co- Trustees of the Trust (the "Trustees"); and WHEREAS, Article III of the Trust Agreement directs the disposition of the Trust assets upon Settlor's death as follows: (A) The Trustees shall establish a Unified Credit Trust and place in such trust an amount equal to the sum of the applicable Federal credit at decedent's death, as more fully defined in said Article III(A) of the Trust Agreement (the "Unified Credit Trust"), said Unified Creclit Trust to be held and administered for the benefit of Settlor's wife and issue, inaccordarice with the provisions of Article N of the Trust Agreement; and ('I -': "i.' (, ; ':1'07 v t "'''; .,~. \,.,,;' f 1 "...'--< \"1 571329.1 I~ ;~l i I, ".,_"".i ,".,; _w__.< (,-, ;('rJ_l("'1 rl:(-)\~-,ii""i''''''i:~~ J(,) :JI.JJJ l.....;....i\....;..J\-'V"J....,I pt (B) The Trustees shall distribute the balance of the Trust assets outright to Settlor's spouse, Rosemary A. Porta; and WHEREAS, the administration of the Trust is now complete; and WHEREAS, John A. Porta left a will dated May 20,2002 and a Codicil dated November 12, 2003, which were duly probated in the office of the Register of Wills of Cumberland County, Pennsylvania, on June 25, 2004; and WHEREAS, Rosemary A. Porta was appointed Executrix of the Estate of John A. Porta; and WHEREAS, there were no financial assets in the Estate of John A. Porta, as all of Mr. Porta's financial assets were held in the Trust or passed by operation oflaw apart from his Will; and WHEREAS, the Trustees are willing to conclude the Trust and the Executrix is willing to conclude the Estate, and the Trustees will distribute the balance of the assets to the Trustees of the Unified Credit Trust and to Rosemary A. Porta on the basis of an approval of account, release and indemnification executed by the parties in interest, which is the purpose of this instrument. NOW THEREFORE, the undersigned, jointly, separately and severally, for themselves, their heirs, executors, administrators, successors and assigns, do hereby warrant, represent and agree that: 1. They acknowledge that there were no assets in Mr. Porta's Estate other than an automobile, a boat with trailer and a travel trailer, all of which passed to Rosemary A. Porta. 2. They have examined the First and Final Account of the Trustees which is attached hereto as Exhibit "A" (the "Account") and approve the transactions set forth or proposed -2- therein (and the administration of the Trust generally) as though they were contained in a formal Accounting which had been confirmed absolutely by the Court having jurisdiction over the Trust. 3. They have examined the Statement of Proposed Distribution attached to the Account and they approve the distributions proposed therein as though they were ordered by the Court having jurisdiction over the Trust. 4. They waive the filing of the Account in any Court and agree that any Court having jurisdiction over the Trust may confirm the Account. 5. The trustees of the Unified Credit Trust do hereby acknowledge receipt from the Trustees of the assets shown as distributed or distributable to them in the said Account and Statement of Proposed Distribution in absolute payment and full satisfaction of the bequest to the trustees of the Unified Credit Trust under Article ID(A) ofthe Trust Agreement. 6. Rosemary A. Porta does hereby acknowledge receipt from the Trustees of the assets shown as distributed or distributable to her in the said Account and Statement of Proposed Distribution in absolute payment and full satisfaction of the bequest to her under Article ID(B) of the Trust Agreement. 7. They do hereby absolutely and irrevocably release, remise, quitclaim and forever discharge the Trustees and the Executrix, their successors, administrators and assigns, of and from all actions, suits, payments, accounts, reckonings, claims and demands whatsoever for or by reason of their actions as Trustees and her actions as Executrix, as set forth in the Account or otherwise. 8. They do hereby absolutely and irrevocably release the Trustees and the Executrix from filing any Account, Petition for Distribution or other document with the Court of - 3 - Common Pleas of Cumberland County, Pennsylvania, or in any other jurisdiction in connection with the Trust or the Estate. 9. If, at any time in the future, the said Trustees receive any demand or claim for any amount claimed to be due and owing from them, as Trustees, and approve said demand or claim, they shall, at the request of the Trustees, pay to the Trustees the amount of any such demand or claim, or if it has been paid by the Trustees, then reimburse them for the amount paid by them, provided that the amount of such requested payment or reimbursement shall not exceed the total of the assets paid or distributed by the Trustees to the Beneficiaries as set forth in the attached Account. 10. They do hereby agree to indemnify the Trustees and hold them harmless, to the extent of the Trust assets received by them, from and against any and all claims, loss, liability or damage (including legal fees and costs) which they may suffer or to which they may be subjected by reason of the administration of the Trust or the distribution of the assets of the Trust without having formal approval of the Court of Common Pleas, Orphans' Court Division, of Cumberland County, Pennsylvania, or any other jurisdiction. 11. They do hereby agree that this Agreement may be signed and acknowledged by the parties hereto in counterparts and a complete set of executed counterparts, containing the signatures of all parties, shall constitute an original and complete instrument. This instrument shall be governed by Pennsylvania law and shall be legally binding upon the undersigned, their heirs, executors, administrators and assigns. - 4- IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this day of ,2005. ATTEST: p~ ~. U PNC BANK, N.A., as Trustee of The John A. Porta Revocable Trust and Trustee of the Unified Credit Trust BY:~C: (Vice) President By: ASTots.&.o.......+ ~ WITNESS: (!~A. ~~ . orta, as Successor Trustee of The Revocable Trust and Trustee of the dit Trust and Beneficiary John E. Porta, Contingent Beneficiary Annette M. McHugh, Contingent Beneficiary Carolyn A. Werner, Contingent Beneficiary - 5 - IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this day of ATTEST: By: WITNESS: ,2005. PNC BANK, N.A., as Trustee of The John A. Porta Revocable Trust and Trustee of the Unified Credit Trust By: (Vice) President Rosemary A. Porta, as Successor Trustee of The John A. Porta Revocable Trust and Trustee of the Unified Credit Trust and Beneficiary Annette M. McHugh, Contingent Beneficiary Carolyn A. Werner, Contingent Beneficiary - 5 - IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this / (/iL , ! day of cCr~ ,2005. ATTEST: PNC BANK, N.A., as Trustee of The John A. Porta Revocable Trust and Trustee of the Unified Credit Trust By: By: WITNESS: (Vice) President Rosemary A. Porta, as Successor Trustee of The John A. Porta Revocable Trust and Trustee of the Unified Credit Trust and Beneficiary John E. Porta, Contingent Beneficiary Carolyn A. Werner, Contingent Beneficiary - 5 - IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this /C/ii- day of c!Ze~__ ,2005. ATTEST: PNC BANK, N.A., as Trustee of The John A. Porta Revocable Trust and Trustee of the Unified Credit Trust By: By: WITNESS: (Vice) President Rosemary A. Porta, as Successor Trustee of The John A. Porta Revocable Trust and Trustee of the Unified Credit Trust and Beneficiary John E. Porta, Contingent Beneficiary Annette M. McHugh, Contingent Beneficiary ~ ~ Carolyn~t Beneficiary - 5 - the of PNC BANK., N.A., and that he/she, as such COMMONWEALTH OF PENNSYLVANIA ) -! ) SS: COUNTYOF C L//77 6~/~/?d ) ,,;"s/7"'day oCt~_b/. 2005, before me, the undersigned officer, , who acknowledged himselflherself to be "r , being authorized to do so, executed the foregoing instrument for the p;os~, contained by signing himselflherself as h / P~~i?:~- the name of the corporation by IN WITNESS WHEREOF, I hereunto set my hand and official seal. .-----" ~ -'- (SEAL) COMMONWEALm OF PENNSYLVANIA . Notarial Seal Denise C. Sullenberger, Notary Public Hampden.T~.. Cumberland County My Commission Expires Dec. 1, 2008 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTYOF ~#'7.6.t"'//J?/?J ) ) SS: ) On this, the A <j ;r'- day 0',-- ~""' j~, y- , Public, the undersigned officer, personally appeared ROSEMARY A. PORTA, known to me (or 2005, before me, a Notary 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. (SEAL) COMMONWEALTh OF PENNSYLVANIA . Notarial Seal Denise C. Sullenberger, Notary Public Hampden.T~., Cumberland County My CommIssion Expires Dec. 1, 2008 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF M ON -r(3-Cfflf-f2- ( ) ) SS: ) On this, the \ 4 i'~ day of o c'IOB (;1( , 2005, before me, a Notary Public, the undersigned officer, personally appeared JOHN E. PORTA, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. y Commission Expires: (SEAL) Notanal Seal Jason McQuims, Notary Public Nornstown Bora, Montgomery County My Commission Expires Oct. 9, 2006 ~ A''l'_h,hr' !")....,....""C'I:hJo:"<ni..... ~~C'.nri:::lti(\r Of "10.t?"o~ STATE OF D{1~~~ COUNTY OF .,A/-cJ (<7SII(' ) ) SS: ) On this, the ILl day of oC-to!:."-/'" , 2005, before me, a Notary Public, the undersigned officer, personally appeared ANNETTE M. McHUGH, 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. ~tJ~ NOtary Public My Commission Expires: (SEAL 03/1~/oC CONIMONWEALTH OF PENNSYLVANIA COUNTY OF I- eha flaYl ) ) SS: ) On this, the /C;l}; day of ()(7.t6cr , 2005, before me, a Notary Public, the undersigned officer, personally appeared CAROLYN A. WERNER, 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. ~L ;..- f . '.' Not blic My Commission Expires: 8;.j~f<.'V~ (SEAf-.L_______ i .(", , Notarial Seal 'Jm(1y L Ston N J :::>011,"" r';nrjonrjeny~' otary Public ! My Cv,.-.., ", " Wp, LebarnJr.no_. c_;\;~h<>~:,":~:~"'!::<P1res Aug. 22, ~"Y _'Vt.. .c't'F':; '\~f'..t1(".irPion Of1\btan88 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA ORPHANS' COURT DIVISION NO. 00600 of 2004 THE JOHN A. PORTA REVOCABLE TRUST U/A SETTLOR DATED OS/20/02 TRUST FOR JOHN A. PORTA SETTLOR (DIED 05/03/04) FIRST AND FINAL ACCOUNT OF PNC BANK, NATIONAL ASSOCIA nON AND ROSEMARY A. PORTA, SUCCESSOR TRUSTEES ACCOUNTING MAY 30, 2002 TO JULY 15,2005 PURPOSE OF ACCOUNT: THE TRUSTEES OFFER THIS ACCOUNT TO ACQUAINT INTERESTED PARTIES WITH THE TRANSACTIONS THAT HAVE OCCURRED DURING THEIR ADMINISTRATION OF THE TRUST. IT IS IMPORTANT THAT THE ACCOUNT BE CAREFULLY EXAMINED. REQUESTS FOR ADDITIONAL INFORMATION OR QUESTIONS OR OBJECTIONS CAN BE DISCUSSED WITH: PNC Bank, National Association c/o David A. Brown Vice President POBox 308 Camp Hill, PA 17001 Telephone (71 7) 730 -2 382 OR WITH: Stanley A. Smith, Esquire Attorney I. D. #33782 Rhoads & Sinon LLP One South Market Square, 12th Floor Harrisburg, PAl 71 01 (717) 233-5731 EXHIBIT "A" 575693.1 - 1 - .JOHN A PORTA 27-27-001-3916783 SUMMARY AND INDEX PRINCIPAL PAGES RECEIPTS 3 5 1,447,331..39 NET GAIN/LOSS ON 6 10 14,720.33- CONVERSIONS ADJUSTED BALANCE 1,432,611..06 LESS DISBURSEMENTS 11 - 11 57,116.59- BALANCE BEFORE 1,375,494.47 DISTRIBUTIONS DISTRIBUTIONS TO 12 - 12 127,050.00- BENEFICIARIES PRINCIPAL BALANCE ON 13 - 15 1,248,444.47 HAND INVESTMENTS MADE 16 - 19 CHANGES IN INVESTMENT 20 - 23 HOLDINGS INCOME RECEIPTS 24 - 36 86,504.97 LESS DISBURSEMENTS 37 - 37 60,510.59- BALANCE BEFORE 25,994.38 DISTRIBUTIONS DISTRIBUTIONS TO 38 - 38 16,000.00- BENEFICIARIES INCOME BALANCE ON 39 - 39 9,994.38 HAND COMBINED BALANCES 1,258,438.85 REMAINING - 2 - JOHN A PORTA 5/30/02 5/31/02 5/31/02 5/31/02 5/31/02 5/31/02 5/31/02 5/31/02 5/31/02 5/31/02 5/31/02 5/31/02 5/31/02 5/31/02 5/31/02 5/31/02 5/31/02 5/31/02 5/31/02 5/31/02 5/31/02 5/31/02 5/31/02 27-27-001-3916783 RECEIPTS OF PRINCIPAL RECEIVED FROM JOHN & ROSEMARY PORTA ACCOUNT 27-27-007-3913989 CASH 583.000.00 100 SHS CHECK POINT SOFTWARE TECHNOLOGIES LTD COMMON 2.055.00 200 SHS AOL TIME WARNER INC COMMON 3.786.00 200 SHS ALLTEL CORP COMMON 11.014.00 50 SHS AMERICAN INTERNATIONAL GROUP INC COMMON 3.443.00 50 SHS AMERICAN INTERNATIONAL GROUP INC COMMON 3.412.00 150 SHS AUTOMATIC DATA PROCESSING INC COMMON 7,734.06 150 SHS BAXTER INTERNATIONAL INC COMMON 7.950.00 2.083.667 UTS BERGER MID CAp VALUE FUND 37.506.00 992.602 UTS CALAMOS GROWTH FUND CLASS A FUND ff606 37.530.29 100 SHS CHEVRON CORPORATION COMMON 8.914.00 100 SHS DOMINION RESOURCES INC VA COMMON 6.551.50 100 SHS ELECTRONIC DATA SYS CORP COMMON 5.366.00 200 SHS EXXON MOBIL CORP COMMON 8.456.00 50.000 PAR FOREST CITY PA REGL SCH DIST 4.375% DUE 07/01/13 49.543.00 175 SHS FORTUNE BRANDS INC COMMON 9.261.00 200 SHS GENERAL ELECTRIC CO COMMON 6,722.00 50.000 PAR HAMPTON TWP PA SER A GO FGIC 4.70% DUE 02/01/16 50.000.00 200 SHS H J HEINZ CO COMMON 8.432.00 50 SHS INTERNATIONAL BUSINESS MACHINES CORP COMMON 4.235.00 50.000 PAR JIM THORPE PA AREA SCH DIST 4.30% DUE 03/15/12 50.000.00 175 SHS LIZ CLAIBORNE INC COMMON 5.496.75 241 UTS MANAGERS FDS SPL EQUITY FD FD #153 17.489.37 - 3 - JOHN A PORTA 5/31/02 5/31/02 5/31/02 5/31/02 5/31/02 5/31/02 5/31/02 5/31/02 5/31/02 5/31/02 5/31/02 6/10/02 6/13/02 7/10/02 4/30/04 4/30/04 4/30/04 4/30/04 4/30/04 11/05/04 27-27-001-3916783 RECEIPTS OF PRINCIPAL 100 SHS MEDTRONIC INC COMMON 4,474.00 200 SHS MERCK & CO INC COMMON 11,012.00 50,000 PAR RIVERSIDE PA SCH DIST GO FSA 4.60% DUE 10/15/15 49,504.50 809.123 UTS TURNER SMALL CAP VALUE FUND FUND //1183 17,501.33 250 SHS TYCO INTL LTD NEW COMMON 5,260.00 50.000 PAR UNIONVILLE CHADDS FORD PA SCH DIST 4.25% DUE 06/01/11 50.207.00 50 SHS UNITED PARCEL SERVICE CLASS B COMMON 3.053.00 100 SHS UNITED TECHNOLOGIES CORP COMMON 6,948.00 100 SHS WAL-MART STORES INC COMMON 5.859.00 250 SHS WASHINGTON MUTUAL INC COMMON 9,377.00 50.000 PAR WEST EARL PA SWR AUTH REV GTD FGIC 4.50% DUE 05/01/14 49.543.00 JOHN AND ROSEMARY PORTA ACCOUNT 27-27-007-3913989 1/2 BALANCE OF MONEY MARKET 1.502.71 JOHN AND ROSEMARY PORTA ACCOUNT 27-27-007-3913989 1/2 BALANCE OF DIVIDENDS IN JUNE 112.35 JOHN AND ROSEMARY PORTA ACCOUNT 27-27-007-3913989 1/2 BALANCE OF BLACKROCK MONEY MARKET .65 100.000 PAR FEDERAL HOME LOAN BANK BDS 3.25% DUE 12/18/08 97,313.00 100.000 PAR FEDERAL NATL MTG ASSN MEDIUM DATED 12/09/03 2.25% DUE 12/09/05 100.094.00 200 SHS FIRST DATA CORP COMMON 9.078.00 200 SHS FIRST DATA CORP COMMON 9.078.00 50.000 PAR FOREST CITY PA REGL SCH DIST 4.375% DUE 07/01/13 51.704.00 TRANSFER FROM INCOME INCOME BALANCE AS OF 5/3/04 (DATE OF DEATH) 23.591. 52 - 4 - . JO:H:N A PORTA 11/05/04 12/02/04 12/18/03 12/18/03 1/02/04 1/02/04 11/19/04 12/15/04 12/15/04 1/03/05 27-27-001-3916783 RECEIPTS OF PRINCIPAL TRANSFER FROM INCOME ACCRUED INCOME ON D/O/D 5/3/04 7.048.37 MICROSOFT CORP COMMON EXTRA DIVIDEND ON 400 SHARES 1.200.00 CAPITAL GAIN DISTRIBUTIONS REINVESTED 21.976 UTS T ROWE PRICE MID CAP VALUE FD 1;115 429.86 30.767 UTS T ROWE PRICE MID CAP VALUE FD 1;115 601. 81 14.334 UTS HARBOR FUND INTERNATIONAL FUND CL FD 1;11 523.75 1 .08 UTS HARBOR FUND INTERNATIONAL FUND CL FD 1;11 39.45 2.809 UTS CALAMOS GROWTH FUND CLASS A FUND 1;606 142.16 90.757 UTS T ROWE PRICE MID CAP VALUE FD 1;115 2.042.95 90.757 UTS T ROWE PRICE MID CAP VALUE FD 1;115 2.042.95 3.509 UTS HARBOR FUND INTERNATIONAL FUND CL FD 1;11 150.06 TOTAL PRINCIPAL RECEIPTS 1.447.331.39 ------------ ------------ - 5 - JOHN A PORTA 6/21/02 9/05/02 10/09/02 12/30/02 1/09/03 3/17/03 4/25/03 4/28/03 5/09/03 7/02/03 GAINS AND LOSSES ON SALES AND OTHER DISPOSITIONS GAIN 100 SHS CHEVRON CORPORATION COMMON PROCEEDS: ACQUISITION VALUE: 8,844.93 8.914.00 50 SHS UNITED PARCEL SERVICE CLASS B COMMON PROCEEDS: ACQUISITION VALUE: 3,194.40 3.053.00 141. 40 100 SHS ELECTRONIC DATA SYS CORP COMMON PROCEEDS: ACQUISITION VALUE: 1,211. 65 5.366.00 0.32 SHS DEL MONTE FOODS CO COMMON PROCEEDS: ACQUISITION VALUE: 2.42 2.95 89 SHS DEL MONTE FOODS CO COMMON PROCEEDS: ACQUISITION VALUE: 684.39 820.14 200 SHS CONCORD EFS INC COMMON PROCEEDS: ACQUISITION VALUE: 1,695.95 3.233.68 100,000 PAR FEDERAL HOME LOAN BANKS 2.66% DUE 04/25/05 PROCEEDS: ACQUISITION VALUE: 100,000.00 100.000.00 .00 100,000 PAR FEDERAL HOME LOAN BANKS 3% DUE 10/28/05 PROCEEDS: ACQUISITION VALUE: 100,000.00 100.000.00 .00 241 UTS MANAGERS FDS SPL EQU~TY FD FD #153 PROCEEDS: ACQUISITION VALUE: 13,753.87 17.489.37 809.123 UTS TURNER SMALL CAP VALUE FUND FUND 1/1183 PROCEEDS: ACQUISITION VALUE: 14,062.56 17.501.33 - 6 - 27-27-001-3916783 LOSS 69.07- 4,154.35- .53- 135.75 - 1.537.73- 3.735.50- 3 , 438 . 77- JOHN A PORTA 7/31/03 8/05/03 8/28/03 9/17 /03 9/17/03 9/19/03 9/29/03 10/21/03 10/21/03 10/21/03 GAINS AND LOSSES ON SALES AND OTHER DISPOSITIONS 200 SHS AOL TIME WARNER INC COMMON PROCEEDS: ACQUISITION VALUE: 3.148.01 3.786.00 300 SHS BAxTER INTERNATIONAL INC COMMON PROCEEDS: ACQUISITION VALUE: 8.333.60 13.417.50 0.12 SHS MEDCO HEALTH SOLUTIONS INC COMMON PROCEEDS: ACQUISITION VALUE: 3.11 3.00 250 SHS TYCO INTL LTD NEW COMMON PROCEEDS: ACQUISITION VALUE~ 5.008.69 5.260.00 300 SHS WASHINGTON MUTUAL INC COMMON PROCEEDS: ACQUISITION VALUE: 11.093.48 11.225.50 24 SHS MEDCO HEALTH SOLUTIONS INC COMMON PROCEEDS: ACQUISITION VALUE: 600.93 600.32 100 SHS CHECK POINT SOFTWARE TECHNOLOGIES LTD COMMON PROCEEDS: ACQUISITION VALUE: 1.776.92 2.055.00 50.000 PAR HAMPTON TWP PA SER A GO FGIC 4.70% DUE 02/01/16 PROCEEDS: ACQUISITION VALUE: 51.503.00 50.000.00 50.000 PAR RIVERSIDE PA SCH DIST GO FSA 4.60% DUE 10/15/15 PROCEEDS: ACQUISITION VALUE: 51.505.00 49.504.50 50.000 PAR WEST EARL PA SWR AUTH REV GTD FGIC 4.50% DUE 05/01/14 PROCEEDS: ACQUISITION VALUE: 50.710.00 49.543.00 - 7 - GAIN .11 .61 1.503.00 2.000.50 1.167.00 27-27-001-3916783 LOSS 637.99- 5.083.90- 251.31- 132.02- 278.08- JOHN A PORTA 10/31/03 11/05/03 12/08/03 5/04/04 5/04/04 5/07/04 6/03/04 6/07/04 6/07/04 7/30/04 GAINS AND LOSSES ON SALES AND OTHER DISPOSITIONS 200 SHS MERCK & CO INC COMMON PROCEEDS: ACQUISITION VALUE: 8.953.58 10.408.68 500 SHS LIZ CLAIBORNE INC COMMON PROCEEDS: ACQUISITION VALUE: 18.474.13 17.022.00 2.902.38 UTS JANUS MID CAP VALUE FD INVESTOR CLASS 1167 PROCEEDS: ACQUISITION VALUE: 57.147.86 51.506.00 300 SHS JOHNSON & JOHNSON CO COMMON PROCEEDS: ACQUISITION VALUE: 16.157.62 17.239.00 600 SHS SUNGARD DATA SYSTEMS INC COMMON PROCEEDS: ACQUISITION VALUE: 15.569.63 16.530.00 30 SHS HOSPIRA INC COMMON PROCEEDS: ACQUISITION VALUE: 801. 58 819.00 500 SHS DISNEY WALT CO COMMON PROCEEDS: ACQUISITION VALUE: 11.830.37 10.667.05 100.000 PAR FEDERAL HOME LOAN BANK BDS 3.25% DUE 12/18/08 PROCEEDS: ACQUISITION VALUE: 94.406.25 98.656.50 100.000 PAR FEDERAL NATL MTG ASSN MEDIUM DATED 12/09/03 2.25% DUE 12/09/05 PROCEEDS: ACQUISITION VALUE: 99.281. 25 100.094.00 200 SHS CARDINAL HEALTH INC COMMON PROCEEDS: ACQUISITION VALUE: 8.909.79 11.274.00 - 8 - GAIN 1.452.13 5.641. 86 1.163.32 27-27-001-3916783 LOSS 1.455.10- 1.081. 38- 960.37- 17.42- 4.250.25- 812.75- 2.364.21- . JOHN A PORTA 9/27/04 11/16/04 11/16/04 12/23/04 1/19/05 GAINS AND LOSSES ON SALES AND OTHER DISPOSITIONS GAIN 300 SHS VIACOM INC CLASS B COMMON PROCEEDS: ACQUISITION VALUE: 9,893.77 11.121. 00 100 SHS FEDERAL HOME LOAN MORTGAGE CORP COMMON PROCEEDS: ACQUISITION VALUE: 6,754.84 5.696.50 1,058.34 400 SHS FIRST DATA CORP COMMON PROCEEDS: ACQUISITION VALUE: 17,191.59 17.066.00 125.59 400 SHS PFIZER INC COMMON PROCEEDS: ACQUISITION VALUE: 9,707.77 12.816.00 200 SHS ANALOG DEVICES INC COMMON PROCEEDS: ACQUISITION VALUE: 7,037.77 8.624.00 2/03/05 200 SHS AMERICAN INTERNATIONAL GROUP INC COMMON PROCEEDS: 13.331.56 ACQUISITION VALUE: 13.080.00 251.56 2/11/05 300 SHS EOG RES INC COMMON PROCEEDS: 23,010.47 ACQUISITION VALUE: 11. 600.00 11,410.47 3/03/05 200 SHS ANHEUSER BUSCH COMPANIES INC COMMON 3/03/05 4/27/05 PROCEEDS: ACQUISITION VALUE: 9.485.69 10.810.00 300 SHS DEAN FOODS CO COMMON PROCEEDS: ACQUISITION VALUE: 10,370.66 10.764.00 500 SHS MBNA CORP COMMON PROCEEDS: ACQUISITION VALUE: 9.574.60 12.175.00 - 9 - 27-27-001-3916783 LOSS 1,227.23- 3.108.23- 1,586.23- 1,324.31- 393.34- 2.600.40- JOHN A PORTA GAINS AND LOSSES ON SALES AND OTHER DISPOSITIONS GAIN TOTAL GAINS AND LOSSES LESS GAIN NET LOSS 25,915.89 - 10 - 27-27-001-3916783 LOSS 40,636.22- 25.915.89 14,720.33- ---------- ---------- JOHN A PORTA 27-27-001-3916783 DISBURSEMENTS OF PRINCIPAL 6/26/02 TRANSFER TO INCOME 822.43- 8/02/04 REGISTER OF WILLS INHERITANCE TAX DISCOUNT PAYMENT 30.000.00- 12/30/04 REGISTER OF WILLS INHERITANCE TAX DUE 1.579.81- 1/21/05 REGISTER OF WILLS ADDITIONAL PROBATE 42.00- 3/21/05 RHOADS & SINON LLP LEGAL SERVICES RENDERED 14.111.30- TRUSTEE'S COMPENSATION PNC BANK NATIONAL ASSOCIATION COMPENSATION BASED ON PRINCIPAL MARKET VALUE 10/22/04 11/08/04 11/23/04 12/22/04 1/24/05 2/23/05 3/22/05 4/22/05 5/24/05 6/22/05 716.42- 3.579.00- 738.03- 747.36- 741.09- 816.73- 815.56- 790.85- 800.98- 815.03- TOTAL PRINCIPAL DISBURSEMENTS 10.561.05- 57.116.59- ------------ ------------ - 11 - JOHN A PORTA JOHN A PORTA DISTRIBUTIONS OF PRINCIPAL TO BENEFICIARIES CASH DISTRIBUTED 9/04/02 12/03/02 12/03/02 12/11/02 6/24/03 8/28/03 8/28/03 8/28/03 8/28/03 12/09/03 TOTAL PRINCIPAL DISTRIBUTIONS - 12 - 30,000.00- 20,000.00- 50.00- 15,000.00- 10,000.00- 3,000.00- 3,000.00- 3,000.00- 3,000.00- 40,000.00- 27-27-001-3916783 127,050.00- 127,050.00- 127,050.00- ---------- ---------- . JOIm A PORTA PRINCIPAL BALANCE ON HAND VALUE 7/15/05 BONDS 50.000 PAR BRISTOL TWP pA 3.25% DUE 09/01/09 50.485.00 100.000 PAR FEDERAL HOME LOAN BANK BDS 2.32% DUE 12/19/06 97.656.00 100.000 PAR FEDERAL HOME LOAN BANK BDS 3.25% DUE 12/18/08 96.938.00 100.000 PAR FOREST CITY PA REGL SCH DIST 4.375% DUE 07/01/13 101.843.00 50.000 PAR JIM THORPE PA AREA SCH DIST 4.30% DUE 03/15/12 51.065.00 50.000 PAR UNIONVILLE CHADDS FORD PA SCH DIST 4.25% DUE 06/01/11 52.382.50 COMMON STOCKS 200 SHS INGERSOLL RAND SEDOL #2831167 14.956.00 500 SHS FLEXTRONICS INTERNATIONAL LTD COMMON 6.965.00 300 SHS ABBOTT LABORATORIES INC COMMON 14.061. 00 200 SHS ALLSTATE CORP COMMON 12.452.00 300 SHS ALLTEL CORP COMMON 19.404.00 200 SHS AMGEN INC COMMON 14.126.00 300 SHS ASSOCIATED BANC CORP COMMON 10.353.00 500 SHS AUTOMATIC DATA PROCESSING INC COMMON 21.420.00 300 SHS BALL CORP COMMON 11.538.00 500 SHS BANK OF AMERICA CORP COMMON 22.990.00 600 SHS CVS CORP COMMON 18.336.00 300 SHS CITIGROUP INC COMMON 13.926.00 400 SHS COACH INC COMMON 14.108.00 400 SHS COMCAST CORPORATION CLASS A COMMO 12.172.00 600 SHS CONOCOPHILLIPS COMMON 35.610.00 - 13 - 27-27-001-3916783 ACQUISITION VALUE 49.976.00 100.000.00 98.656.50 101.247.00 50.000.00 50.207.00 7.172.00 7.645.00 11.874.00 7.092.00 15.802.00 12.400.00 9.196.77 21.103.56 11.070.00 19.226.00 14.997.00 14.025.00 11.136.00 12.422.00 15.930.00 . JOffill A PORTA PRINCIPAL BALANCE ON HAND VALUE 7/15/05 200 SHS DOMINION RESOURCES INC VA COMMON 14.946.00 200 SHS EXELON CORP COMMON 10.450.00 400 SHS EXXON MOBIL CORP COMMON 23.264.00 400 SHS FPL GROUP INC COMMON 17.384.00 300 SHS FEDERAL HOME LOAN MORTGAGE CORP COMMON 19.965.00 400 SHS FIRST DATA CORP COMMON 16.052.00 300 SHS FORTUNE BRANDS INC COMMON 27.999.00 700 SHS GENERAL ELECTRIC CO COMMON 24.871. 00 200 SHS H J HEINZ CO COMMON 7.358.00 200 SHS INTERNATIONAL BUSINESS MACHINES CORP COMMON 16.476.00 300 SHS KINDER MORGAN INC COMMON 26.382.00 400 SHS MEDTRONIC INC COMMON 20.964.00 400 SHS MICROSOFT CORP COMMON 10.316.00 400 SHS MOODYS CORP COMMON 18.744.00 400 SHS PAYCHEX INC COMMON 13.904.00 400 SHS PEPSICO INC COMMON 22.180.00 300 SHS RAYTHEON NEW COMMON 11 . 925 . 00 350 SHS SAFECO CORP COMMON 19.600.00 500 SHS SARA LEE CORP COMMON 10.015.00 400 SHS STRYKER CORP COMMON 19.876.00 400 SHS SYSCO CORP COMMON 14.728.00 500 SHS TJX COMPANIES INC COMMON 11.770.00 400 SHS UNITED TECHNOLOGIES CORP COMMON 20.684.00 500 SHS VARIAN MEDICAL SYSTEMS INC COMMON 18.840.00 300 SHS WAL-MART STORES INC COMMON 15.075.00 - 14 - 27-27-001-3916783 ACQUISITION VALUE 12.940.50 8.280.00 15.976.00 12.733.00 17.089.50 17.066.00 16.745.25 21.393.00 7.608.91 17.876.50 22.356.00 18.176.00 10.473.00 13.170.00 13.614.88 17.930.00 9.093.00 14.787.50 11 .560.00 19.194.00 11.372.00 12.785.00 14.582.00 19.547.00 16.347.00 JOHN A PORTA 27-27-001-3916783 PRINCIPAL BALANCE ON HAND VALUE 7/15/05 ACQUISITION VALUE FUNDS 1.388.118 UTS ARTISAN FUNDS INC INTL FD #661 30.746.81 25.000.00 808.625 UTS BLACKROCK FUNDS INTL SMALL CAP EQUITY PORTFOLIO FUND 05 INSTITUTIONAL CLASS INVESTED CASH 24.129.37 14.999.99 52.517.88 37.672.45 45.009.04 35.713.26 39.600.00 34.155.00 73.470.45 62.117.57 24.912.33 24.912.33 995.411 UTS CALAMOS GROWTH FUND CLASS A FUND f/606 1.030.191 UTS HARBOR FUND INTERNATIONAL FUND CL FD f/11 600 UTS ISHARES TR RUSSELL 2000 INDEX FD 3.100.019 UTS T ROWE PRICE MID CAP VALUE FD f/115 TOTAL PRINCIPAL 1.416.940.38 1.248.444.47 ------------ ------------ ------------ ------------ - 15 - JOHN A PORTA 6/14/02 6/14/02 6/18/02 6/18/02 6/18/02 6/18/02 6/21/02 7/15/02 9/18/02 10/22/02 10/22/02 10/22/02 10/22/02 10/22/02 10/22/02 10/25/02 10/28/02 1/08/03 5/29/03 5/29/03 5/29/03 5/29/03 5/29/03 5/29/03 5/29/03 5/29/03 PRINCIPAL INFORMATION SCHEDULES - INVESTMENTS MADE 1.388.118 UTS ARTISAN FUNDS INC INTL FD #661 808.625 UTS BLACKROCK FUNDS INTL SMALL CAP EQUITY PORTFOLIO FUND 05 INSTITUTIONAL CLASS 50 SHS BAXTER INTERNATIONAL INC COMMON 200 SHS EOG RES INC COMMON 25 SHS FORTUNE BRANDS INC COMMON 50 SHS WASHINGTON MUTUAL INC COMMON 300 SHS SYSCO CORP COMMON 200 SHS PEPSICO INC COMMON 100 SHS BAXTER INTERNATIONAL INC COMMON 200 SHS INGERSOLL RAND SEDOL #2831167 100 SHS BANK OF AMERICA CORP COMMON 200 SHS JOHNSON & JOHNSON CO COMMON 100 SHS MEDTRONIC INC COMMON 200 SHS MICROSOFT CORP COMMON 300 SHS RAYTHEON NEW COMMON 100.000 PAR FEDERAL HOME LOAN BANKS 2.66% DUE 04/25/05 100.000 PAR FEDERAL HOME LOAN BANKS 3% DUE 10/28/05 200 SHS CONCORD EFS INC COMMON 100 SHS ALLTEL CORP COMMON 300 SHS CONOCOPHILLIPS COMMON 100 SHS DOMINION RESOURCES INC VA COMMON 400 SHS GENERAL ELECTRIC CO COMMON 50 SHS INTERNATIONAL BUSINESS MACHINES CORP COMMON 100 SHS JOHNSON & JOHNSON CO COMMON 125 SHS LIZ CLAIBORNE INC COMMON 200 SHS PEPSICO INC COMMON - 16 - 27-27-001-3916783 25.000.00 14.999.99 2.336.50 7.656.00 1.356.25 1.848.50 8.073.00 9.204.00 3.131.00 7.172.00 6.836.00 11.912.00 4.506.00 10.473.00 9.093.00 100.000.00 100.000.00 3.233.68 4.788.00 15.930.00 6.389.00 11.124.00 4.287.50 5.327.00 4.041.25 8.726.00 JOHN A PORTA 5/29/03 6/13/03 6/13/03 6/18/03 6/19/03 7/08/03 8/05/03 8/05/03 8/05/03 8/05/03 8/05/03 8/05/03 8/05/03 8/07/03 9/22/03 9/22/03 9/22/03 9/22/03 9/22/03 9/22/03 9/22/03 9/22/03 9/22/03 9/22/03 10/09/03 10/17/03 PRINCIPAL INFORMATION SCHEDULES - INVESTMENTS MADE 200 SHS WAL-MART STORES INC COMMON 200 SHS ALLSTATE CORP COMMON 100 SHS FPL GROUP INC COMMON 100.000 PAR FEDERAL HOME LOAN BANK BDS 3.25% DUE 12/18/08 100.000 PAR FEDERAL HOME LOAN BANK BDS 2.32% DUE 12/19/06 818.713 UTS JANUS MID CAP VALUE FD INVESTOR CLASS f/67 200 SHS CARDINAL HEALTH INC COMMON 200 SHS COMCAST CORPORATION CLASS A COMMON 100 SHS EOG RES INC COMMON 100 SHS FPL GROUP INC COMMON 200 SHS FIRST DATA CORP COMMON 200 SHS PAYCHEX INC COMMON 100 SHS UNITED TECHNOLOGIES CORP COMMON 300 SHS SUNGARD DATA SYSTEMS INC COMMON 150 SHS AUTOMATIC DATA PROCESSING INC COMMON 100 SHS BANK OF AMERICA CORP COMMON 200 SHS COMCAST CORPORATION CLASS A COMMON 200 SHS EXXON MOBIL CORP COMMON 200 SHS FEDERAL HOME LOAN MORTGAGE CORP COMMON 200 SHS FIRST DATA CORP COMMON 200 SHS PAYCHEX INC COMMON 400 SHS PFIZER INC COMMON 100 SHS SUNGARD DATA SYSTEMS INC COMMON 100 SHS SYSCO CORP COMMON 500 SHS DISNEY WALT CO COMMON 1.011.268 UTS HARBOR FUND INTERNATIONAL FUND CL FD f/11 - 17 - 27-27-001-3916783 10.488.00 7.092.00 6.496.00 100.000.00 100.000.00 14.000.00 11.274.00 6.190.00 3.944.00 6.237.00 7.706.00 6.628.00 7.634.00 7.965.00 5.737.50 7.735.00 6.232.00 7.520.00 10.950.00 8.270.00 6.986.88 12.816.00 2.809.00 3.299.00 10.667.05 35.000.00 JOHN A PORTA 10/21/03 10/21/03 10/21/03 10/21/03 10/21/03 10/21/03 10/21/03 10/21/03 10/21/03 10/21/03 10/21/03 11/05/03 12/08/03 6/09/04. 6/09/04. 6/09/04. 6/09/04. 6/09/04. 6/09/04. 6/09/04. 6/09/04. 6/09/04. 6/09/04. 6/09/04. 8/10/04. 8/17/04. PRINCIPAL INFORMATION SCHEDULES - INVESTMENTS MADE 500 SHS FLEXTRONICS INTERNATIONAL LTD COMMON 300 SHS ABBOTT LABORATORIES INC COMMON 100 SHS AMERICAN INTERNATIONAL GROUP INC COMMON 200 SHS ANALOG DEVICES INC COMMON 200 SHS AUTOMATIC DATA PROCESSING INC COMMON 200 SHS FEDERAL HOME LOAN MORTGAGE CORP COMMON 100 SHS FORTUNE BRANDS INC COMMON 200 SHS LIZ CLAIBORNE INC COMMON 500 SHS MBNA CORP COMMON 200 SHS MEDTRONIC INC COMMON 200 SHS SUNGARD DATA SYSTEMS INC COMMON 200 SHS AMGEN INC COMMON 2.865.762 UTS T ROWE PRICE MID CAP VALUE FD 11115 200 SHS ANHEUSER BUSCH COMPANIES INC COMMON 100 SHS BALL CORP COMMON 300 SHS CITIGROUP INC COMMON 300 SHS DEAN FOODS CO COMMON 300 UTS ISHARES TR RUSSELL 2000 INDEX FD 200 SHS MOODYS CORP COMMON 350 SHS SAFECO CORP COMMON 500 SHS SARA LEE CORP COMMON 500 SHS TJX COMPANIES INC COMMON 100 SHS VARIAN MEDICAL SYSTEMS INC COMMON 300 SHS VIACOM INC CLASS B COMMON 200 SHS STRYKER CORP COMMON 50.000 PAR BRISTOL TWP PA 3.25% DUE 09/01/09 - 18 - 27-27-001-3916783 7.64.5.00 12.693.00 6.225.00 8.624..00 7.632.00 11.836.00 6.128.00 7.4.84..00 12.175.00 9.196.00 5.756.00 12.4.00.00 57.000.00 10.810.00 6.850.00 14..025.00 10.764..00 34..155.00 13.170.00 14..787.50 11.560.00 12.785.00 8.303.00 11.121. 00 9.4.20.00 4.9.976.00 JO:H:N A PORTA 11/16/04 11/16/04 11/16/04 11/16/04 2/03/05 2/03/05 2/03/05 2/03/05 2/03/05 3/03/05 4/27/05 PRINCIPAL INFORMATION SCHEDULES - INVESTMENTS MADE 100 SHS BALL CORP COMMON 100 SHS BANK OF AMERICA CORP COMMON 200 SHS EXELON CORP COMMON 100 SHS GENERAL ELECTRIC CO COMMON 200 SHS COACH INC COMMON 100 SHS INTERNATIONAL BUSINESS MACHINES CORP COMMON 300 SHS KINDER MORGAN INC COMMON 200 SHS STRYKER CORP COMMON 300 SHS VARIAN MEDICAL SYSTEMS INC COMMON 300 SHS CVS CORP COMMON 300 SHS ASSOCIATED BANC CORP COMMON - 19 - 27-27-001-3916783 4.220.00 4.655.00 8.280.00 3.547.00 11.136.00 9.354.00 22.356.00 9 . 77 4 . 00 11.244.00 14.997.00 9.196.77 , JOHN A PORTA 27-27-001-3916783 PRINCIPAL INFORMATION SCHEDULES - CHANGES IN INVESTMENT HOLDINGS 10/21/03 5/03/04 6/09/04 8/24/04 11/16/04 10/22/02 9/22/03 8/30/04 11/16/04 5/31/02 4/18/03 3/03/05 6/07/05 PURCHASED 300 SHS ABBOTT LABORATORIES INC COMMON 12.693.00 ABBOTT LABORATORIES INC COMMON REDUCE ACCOUNT VALUE BY RECEIPT OF 30 SHS HOSPIRA INC COMMON 819.00- ---------- ---------- ---------- ---------- 300 SHS 11.874.00 PURCHASED 100 SHS BALL CORP COMMON 6.850.00 STOCK SPLIT 2-1 100 SHS BALL CORP COMMON PURCHASED 100 SHS BALL CORP COMMON 4.220.00 ---------- ---------- ---------- ---------- 300 SHS 11.070.00 PURCHASED 100 SHS BANK OF AMERICA CORP COMMON 6.836.00 PURCHASED 100 SHS BANK OF AMERICA CORP COMMON 7.735.00 STOCK SPLIT 2-1 200 SHS BANK OF AMERICA CORP COMMON PURCHASED 100 SHS BANK OF AMERICA CORP COMMON 4.655.00 ---------- ---------- ---------- ---------- 500 SHS 19.226.00 RECEIVED 2.083.667 UTS BERGER MID CAP VALUE FUND 37.506.00 2.083.667 UTS BERGER MID CAP VALUE FUND NOW JANuS MID CAp VALUE FD INVESTOR CLASS //67 37.506.00- ---------- ---------- ---------- ---------- o UTS .00 PURCHASED 300 SHS CVS CORP COMMON 14.997.00 STOCK SPLIT 2-1 300 SHS CVS CORP COMMON ---------- ---------- ---------- ---------- 600 SHS 14.997.00 - 20 - JOHN A PORTA 27-27-001-3916783 PRINCIPAL INFORMATION SCHEDULES - CHANGES IN INVESTMENT HOLDINGS 2/03/05 4/05/05 5/29/03 6/02/05 12/24/02 12/30/02 1/09/03 6/13/03 8/05/03 3/16/05 5/31/02 12/24/02 PURCHASED 200 SHS COACH INC COMMON STOCK SPLIT 2-1 200 SHS COACH INC COMMON ---------- ---------- 400 SHS PURCHASED 300 SHS CONOCOPHILLIPS COMMON STOCK SPLIT 2-1 300 SHS CONOCOPHILLIPS COMMON ---------- ---------- 600 SHS 89.32 SHS DEL MONTE FOODS CO COMMON RECEIVED IN DISTRIBUTION ON 200 SHS H J HEINZ CO COMMON SOLD 0.32 SHS DEL MONTE FOODS CO COMMON SOLD 89 SHS DEL MONTE FOODS CO COMMON ---------- ---------- o SHS PURCHASED 100 SHS FPL GROUP INC COMMON PURCHASED 100 SHS FPL GROUP INC COMMON STOCK SPLIT 2-1 200 SHS FPL GROUP INC COMMON ---------- ---------- 400 SHS RECEIVED 200 SHS H J HEINZ CO COMMON H J HEINZ CO COMMON REDUCE ACCOUNT VALUE BY RECEIPT OF 89.32 SHS DELMONTE FOODS CO COMMON ---------- ---------- 200 SHS - 21 - 11.136.00 ---------- ---------- 11.136.00 15.930.00 ---------- ---------- 15.930.00 823.09 2.95- 820.14- ---------- ---------- .00 6.496.00 6.237.00 ---------- ---------- 12.733.00 8.432.00 823.09- ---------- ---------- 7.608.91 . JOHN A PORTA 27-27-001-3916783 PRINCIPAL INFORMATION SCHEDULES - CHANGES IN INVESTMENT HOLDINGS 5/03/04 5/07/04 6/09/04 6/09/05 4/18/03 7/08/03 12/08/03 8/20/03 8/28/03 9/19/03 5/31/02 8/20/03 30 SHS HOSPIRA INC COMMON RECEIVED IN DISTRIBUTION ON 300 SHS ABBOTT LABORATORIES INC COMMON SOLD 30 SHS HOSPIRA INC COMMON ---------- ---------- o SHS PURCHASED 300 UTS ISHARES TR RUSSELL 2000 INDEX FD STOCK SPLIT 2-1 300 UTS ISHARES TR RUSSELL 2000 INDEX FD ---------- ---------- 600 UTS 2.083.667 UTS JANUS MID CAP VALUE FD INVESTOR CLASS 1167 FORMERLY BERGER MID CAP VALUE FUND PURCHASED 818.713 UTS JANUS MID CAP VALUE FD INVESTOR CLASS 1167 SOLD 2.902.38 UTS JANUS MID CAP VALUE FD INVESTOR CLASS 1167 ---------- ---------- o UTS 24.12 SHS MEDCO HEALTH SOLUTIONS INC COMMON RECEIVED IN DISTRIBUTION ON 200 SHS MERCK & CO INC COMMON SOLD 0.12 SHS MEDCO HEALTH SOLUTIONS INC COMMON SOLD 24 SHS MEDCO HEALTH SOLUTIONS INC COMMON ---------- ---------- o SHS RECEIVED 200 SHS MERCK & CO INC COMMON MERCK & CO INC COMMON REDUCE ACCOUNT VALUE BY RECEIPT OF 24.12 SHS MEDCO HEALTH SOLUTIONS INC COMMON - 22 - 819.00 819.00- ---------- ---------- .00 34.155.00 ---------- ---------- 34.155.00 37.506.00 14.000.00 51.506.00- ---------- ---------- .00 603.32 3.00- 600.32- ---------- ---------- .00 11.012.00 603.32- JOHN A PORTA 27-27-001-3916783 PRINCIPAL INFORMATION SCHEDULES - CHANGES IN INVESTMENT HOLDINGS 10/31/03 10/22/02 2/18/03 6/09/04 5/19/05 5/31/02 8/05/03 6/13/05 6/09/04 8/02/04 2/03/05 CONTINUED: MERCK & CO INC COMMON SOLD 200 SHS MERCK & CO INC COMMON ---------- ---------- o SHS PURCHASED 200 SHS MICROSOFT CORP COMMON STOCK SPLIT 2-1 200 SHS MICROSOFT CORP COMMON ---------- ---------- 400 SHS PURCHASED 200 SHS MOODYS CORP COMMON STOCK SPLIT 2-1 200 SHS MOODYS CORP COMMON ---------- ---------- 400 SHS RECEIVED 100 SHS UNITED TECHNOLOGIES CORP COMMON PURCHASED 100 SHS UNITED TECHNOLOGIES CORP COMMON STOCK SPLIT 2-1 200 SHS UNITED TECHNOLOGIES CORP COMMON ---------- ---------- 400 SHS PURCHASED 100 SHS VARIAN MEDICAL SYSTEMS INC COMMON STOCK SPLIT 2-1 100 SHS V~IAN MEDICAL SYSTEMS INC COMMON PURCHASED 300 SHS VARIAN MEDICAL SYSTEMS INC COMMON ---------- ---------- 500 SHS - 23 - 10.408.68- ---------- ---------- .00 10.473.00 ---------- ---------- 10.473.00 13.170.00 ---------- ---------- 13.170.00 6.948.00 7.634.00 ---------- ---------- 14.582.00 8.303.00 11.244.00 ---------- ---------- 19.547.00 , JOHN A PORTA 27-27-001-3916783 RECEIPTS OF INCOME INTEREST BRISTOL TWP PA 3.25% DUE 09/01/09 8/17/04 9/01/04 3/01/05 207.64- 270.83 812.50 875.69 FEDERAL HOME LOAN BANKS 3% DUE 10/28/05 4/28/03 1.500.00 FEDERAL HOME LOAN BANK BDS 2.32% DUE 12/19/06 12/19/03 6/21/04 12/20/04 6/20/05 1.500.00 1.160.00 1.160.00 1.160.00 1.160.00 4.640.00 FEDERAL HOME LOAN BANK BDS 3.25% DUE 12/18/08 12/18/03 6/07/04 6/18/04 12/20/04 6/20/05 1.625.00 1.525.69 1.625.00 1.625.00 1.625.00 8.025.69 FEDERAL NATL MTG ASSN MEDIUM DATED 12/09/03 2.25% DUE 12/09/05 6/07/04 1.112.50 1.112.50 FOREST CITY PA REGL SCH DIST 4.375% DUE 07/01/13 7/01/02 1/02/03 7/01/03 1/02/04 7/01/04 1/03/05 7/01/05 279.50 1.093.75 1.093.75 1.093.75 2.187.50 2.187.50 2.187.50 HAMPTON TWP PA SER A GO FGIC 4.70% DUE 02/01/16 8/01/02 2/03/03 8/01/03 10/21/03 10.123.25 691.94 1.175.00 1.175.00 522.22 3.564.16 JIM THORPE PA AREA SCH DIST 4.30% DUE 03/15/12 9/16/02 3/17/03 9/15/03 3/15/04 9/15/04 3/15/05 716.67 1.075.00 1.075.00 1.075.00 1.075.00 1.075.00 6.091.67 - 24 - . JOHN A PORTA 27-27-001-3916783 RECEIPTS OF INCOME RIVERSIDE PA SCH DIST GO FSA 4.60% DUE 10/15/15 10/15/02 4/15/03 10/15/03 10/21/03 958.33 1.150.00 1.150.00 38.33 3.296.66 UNIONVILLE CRAnDS FORD PA SCH DIST 4.25% DUE 06/01/11 12/02/02 6/02/03 12/01/03 6/01/04 12/01/04 6/01/05 1. 156.94 1.062.50 1.062.50 1.062.50 1.062.50 1.062.50 6.469.44 WEST EARL PA SWR AUTH REV GTD FGIC 4.50% DUE 05/01/14 11/01/02 5/01/03 10/21/03 1.037.50 1.125.00 1.062.50 3.225.00 DIVIDEND INGERSOLL RAND 12/03/02 3/03/03 6/02/03 9/02/03 12/02/03 3/01/04 6/01/04 9/01/04 12/01/04 3/01/05 6/02/05 SEDOL //2831167 34.00 34.00 34.00 38.00 38.00 38.00 38.00 50.00 50.00 50.00 50.00 454.00 ABBOTT LABORATORIES 2/17/04 5/17 /04 8/16/04 11/15/04 2/15/05 5/16/05 INC COMMON 73.50 78.00 78.00 78.00 78.00 82.50 468.00 ALLSTATE CORP COMMON 10/01/03 1/02/04 1/02/04 4/01/04 7/01/04 10/01/04 1/03/05 4/01/05 7/01/05 46.00 2.00 46.00 56.00 56.00 56.00 56.00 64.00 64.00 446.00 - 25 - . JOHN' A PORTA RECEIPTS OF INCOME ALLTEL CORP COMMON 7/03/02 10/03/02 1/03/03 4/03/03 7/03/03 10/03/03 1/05/04 4/05/04 7/06/04 10/04/04 1/03/05 4/04/05 7/05/05 AMERICAN INTERNATIONAL GROUP COMMON 6/14/02 9/20/02 12/20/02 3/21/03 6/20/03 9/19/03 12/19/03 3/19/04 6/18/04 9/17/04 12/17/04 ANALOG DEVICES INC COMMON 12/17/03 3/17/04 6/16/04 9/15/04 12/22/04 ANHEUSER BUSCH COMPANIES 9/09/04 12/09/04 3/09/05 27-27-001-3916783 68.00 68.00 70.00 70.00 105.00 105.00 111.00 111.00 111.00 111.00 114.00 114.00 114.00 1.272.00 INC 4.20 4.70 4.70 4.70 4.70 6.50 13.00 13.00 13.00 15.00 15.00 98.50 8.00 8.00 12.00 12.00 12.00 52.00 INC COMMON 49.00 49.00 49.00 ASSOCIATED BANC CORP COMMON 5/16/05 81.00 147.00 AUTOMATIC DATA PROCESSING INC COMMON 7/01/02 10/01/02 1/02/03 4/01/03 7/01/03 10/01/03 1/02/04 4/01/04 7/01/04 10/01/04 1/03/05 - 26 - 81.00 17 .25 17.25 18.00 18.00 18.00 18.00 70.00 70.00 70.00 70.00 77 .50 . JOHN A PORTA RECEIPTS OF INCOME CONTINUED: AUTOMATIC DATA PROCESSING INC 4/01/05 7/01/05 BALL CORP COMMON 9/15/04 12/15/04 3/15/05 6/15/05 BANK OF AMERICA CORP COMMON 12/27/02 3/28/03 6/27/03 9/26/03 12/26/03 3/26/04 6/25/04 9/24/04 12/22/04 3/25/05 6/24/05 27-27-001-3916783 77 .50 77 .50 619.00 20.00 30.00 30.00 30.00 110.00 64.00 64.00 64.00 80.00 160.00 160.00 160.00 180.00 225.00 225.00 225.00 BAXTER INTERNATIONAL INC COMMON 1/06/03 174.60 1,607.00 CVS CORP COMMON 5/02/05 17 4 . 60 21. 75 21. 75 CARDINAL HEALTH INC COMMON 10/15/03 6.00 1/15/04 6.00 4/15/04 6.00 7/15/04 6.00 CITIGROUP INC COMMON 8/27/04 11/24/04 2/25/05 5/27/05 CONOCOPHILLIPS COMMON 9/02/03 12/01/03 3/01/04 6/01/04 9/01/04 12/01/04 3/01/05 6/01/05 DISNEY WALT CO COMMON 1/06/04 24.00 120.00 120.00 132.00 132.00 504.00 120.00 129.00 129.00 129.00 129.00 150.00 150.00 186.00 1,122.00 105.00 DOMINION RESOURCES INC VA COMMON 6/20/02 64.50 105.00 - 27 - . JOHN A PORTA RECEIPTS OF INCOME CONTINUED: DOMINION RESOURCES INC VA COMMON 9/20/02 12/20/02 3/20/03 6/20/03 9/22/03 12/22/03 3/22/04 6/21/04 9/20/04 12/20/04 3/21/05 6/20/05 EOG RES INC COMMON 7/31/02 10/31/02 1/31/03 4/30/03 7/31/03 10/31/03 1/30/04 4/30/04 7/30/04 10/29/04 1/31/05 27-27-001-3916783 64.50 64.50 64.50 129.00 129.00 129.00 129.00 129.00 129.00 133 . 00 134.00 134.00 1,433.00 8.00 8.00 8.00 8.00 10.00 15.00 15.00 18.00 18.00 18.00 18.00 ELECTRONIC DATA SYS CORP COMMON 9/10/02 15.00 144.00 EXELON CORP COMMON 3/10/05 6/10/05 EXXON MOBIL CORP COMMON 9/10/02 12/10/02 3/10/03 6/10/03 9/10/03 12/10/03 3/10/04 6/10/04 9/10/04 12/10/04 3/10/05 6/10/05 FPL GROUP INC COMMON 9/15/03 12/15/03 3/15/04 6/15/04 9/15/04 12/15/04 3/15/05 - 28 - 15.00 80.00 80.00 160.00 46.00 46.00 46.00 50.00 50.00 100.00 100.00 108.00 108.00 108.00 108.00 116.00 986.00 120.00 120.00 124.00 124.00 136.00 136.00 142.00 . JOllli A PORTA RECEIPTS OF INCOME CONTINUED: FPL GROUP INC COMMON 6/15/05 27-27-001-3916783 142.00 1.044.00 FEDERAL HOME LOAN MORTGAGE CORP COMMON 12/31/03 3/31/04 6/30/04 9/30/04 12/31/04 3/31/05 6/30/05 FIRST DATA CORP COMMON 10/10/03 1/12/04 4/12/04 7/12/04 10/12/04 1/12/05 4/11/05 7/11/05 FORTUNE BRANDS INC COMMON 9/03/02 12/02/02 3/03/03 6/02/03 9/02/03 12/01/03 3/01/04 6/01/04 9/01/04 12/01/04 3/01/05 6/01/05 GENERAL ELECTRIC CO COMMON 7/25/02 10/25/02 1/27/03 4/25/03 7/25/03 10/27/03 1/26/04 4/26/04 7/26/04 10/25/04 1/25/05 4/25/05 H J HEINZ CO COMMON 7/10/02 10/10/02 1/10/03 4/10/03 - 29 - 104.00 120.00 120.00 120.00 90.00 105.00 105.00 764.00 8.00 8.00 8.00 16.00 16.00 8.00 24.00 24.00 112.00 50.00 54.00 54.00 54.00 60.00 90.00 90.00 90.00 99.00 99.00 99.00 99.00 938.00 36.00 36.00 38.00 38.00 114.00 114.00 120.00 120.00 120,00 120.00 154.00 154.00 1.164.00 81.00 81. 00 81. 00 54.00 . JOHN A PORTA RECEIPTS OF INCOME CONTINUED: H J HEINZ CO COMMON 7/10/03 10/10/03 1/12/04 4/12/04 7/12/04 10/12/04 1/10/05 4/11/05 7/11/05 27-27-001-3916783 54.00 54.00 54.00 54.00 57.00 57.00 57.00 57.00 60.00 801. 00 INTERNATIONAL BUSINESS MACHINES CORP COMMON 9/10/02 12/10/02 3/10/03 6/10/03 9/10/03 12/10/03 3/10/04 6/10/04 9/10/04 12/10/04 3/10/05 6/10/05 JOHNSON & JOHNSON CO COMMON 12/10/02 3/11/03 6/10/03 9/09/03 12/09/03 3/09/04 KINDER MORGAN INC COMMON 5/13/05 LIZ CLAIBORNE INC COMMON 9/09/02 12/09/02 3/17/03 6/16/03 9/15/03 MBNA CORP COMMON 1/02/04 4/01/04 7/01/04 10/01/04 1/03/05 4/01/05 MEDTRONIC INC COMMON 7/26/02 10/25/02 1/24/03 - 30 - 7.50 7.50 7.50 8.00 16.00 16.00 16.00 18.00 18.00 18.00 36.00 40.00 208.50 41.00 41.00 48.00 72.00 72.00 72.00 346.00 210.00 210.00 9.84 9.84 9.84 16.88 16.88 63.28 50.00 60.00 60.00 60.00 60.00 70.00 360.00 6.25 6.25 12.50 , JOHN A PORTA 27-27-001-3916783 RECEIPTS OF INCOME CONTINUED: MEDTRONIC INC COMMON 4/25/03 12.50 7/25/03 14.50 10/24/03 14.50 1/23/04 29.00 4/30/04 29.00 7/30/04 33.50 10/29/04 33.50 1/28/05 33.50 4/29/05 33.50 MERCK & CO INC COMMON 7/01/02 70.00 10/01/02 72.00 1/02/03 72.00 4/01/03 72.00 7/01/03 72.00 10/01/03 74.00 MICROSOFT CORP COMMON 3/07/03 32.00 11/07/03 64.00 9/14/04 32.00 12/02/04 32.00 3/10/05 32.00 6/09/05 32.00 MOODYS CORP COMMON 9/10/04 15.00 12/10/04 15.00 3/10/05 15.00 6/15/05 22.00 pAYCHEX INC COMMON 11/17 /03 48.00 2/17/04 48.00 5/17/04 48.00 8/16/04 48.00 11/15/04 52.00 2/15/05 52.00 5/16/05 52.00 PEPSICO INC COMMON 9/27/02 30.00 1/02/03 30.00 3/31/03 30.00 6/30/03 64.00 9/30/03 64.00 1/02/04 64.00 3/31/04 64.00 6/30/04 92.00 9/30/04 92.00 1/03/05 92.00 3/31/05 92.00 6/30/05 104.00 258.50 432.00 224.00 67.00 348.00 818.00 - 31 - . JOHN A PORTA RECEIPTS OF INCOME PFIZER INC COMMON 12/04/03 3/05/04 6/04/04 9/03/04 12/03/04 RAYTHEON NEW COMMON 1/30/03 5/05/03 8/04/03 11/03/03 1/30/04 5/03/04 8/04/04 11/01/04 1/24/05 5/02/05 SAFECO CORP COMMON 7/26/04 10/25/04 1/24/05 4/25/05 SARA LEE CORP COMMON 10/01/04 1/03/05 4/01/05 7/08/05 STRYKER CORP COMMON 1/31/05 SYSCO CORP COMMON 7/26/02 10/25/02 1/24/03 4/25/03 7/25/03 10/24/03 1/23/04 4/23/04 7/23/04 10/22/04 1/28/05 4/22/05 TJX COMPANIES INC COMMON 9/02/04 12/02/04 3/03/05 6/02/05 27-27-001-3916783 60.00 68.00 68.00 68.00 68.00 332.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 66.00 606.00 64.75 77 .00 77 .00 77 .00 295.75 93.75 98.75 98.75 98.75 390.00 18.00 18.00 27.00 27.00 33.00 33.00 33.00 44.00 52.00 52.00 52.00 52.00 60.00 60.00 525.00 22.50 22.50 22.50 30.00 97.50 TYCO INTL LTD NEW COMMON 8/01/02 3.13 11/01/02 3.13 - 32 - . JOHN A PORTA RECEIPTS OF INCOME CONTINUED: TYCO INTL LTD NEW COMMON 2/03/03 5/01/03 8/01/03 27-27-001-3916783 3.13 3.13 3.13 15.65 UNITED PARCEL SERVICE CLASS B COMMON 9/10/02 9.50 UNITED TECHNOLOGIES 9/10/02 12/10/02 3/10/03 6/10/03 9/10/03 12/10/03 3/10/04 6/10/04 9/10/04 12/10/04 3/10/05 6/10/05 9.50 CORP COMMON 24.50 24.50 24.50 27.00 54.00 70.00 70.00 70.00 70.00 70.00 88.00 88.00 VIACOM INC CLASS B COMMON 10/01/04 WAL-MART STORES INC COMMON 7/08/02 10/07/02 1/06/03 4/07/03 7/07/03 10/14/03 1/05/04 4/05/04 6/07/04 9/07/04 1/03/05 4/04/05 6/06/05 WASHINGTON MUTUAL INC COMMON 8/15/02 11/15/02 2/14/03 5/15/03 8/15/03 OTHER INCOME ARTISAN FUNDS 11/15/02 11/14/03 11/19/04 680.50 18.00 18.00 7.50 7.50 7.50 9.00 27.00 27.00 27.00 39.00 39.00 39.00 39.00 45.00 45.00 358.50 81. 00 84.00 87.00 90.00 120.00 462.00 INC INTL FD 1/661 139.51 243.61 170.74 - 33 - 553.86 . JOHN A PORTA RECEIPTS OF INCOME BERGER MID CAP VALUE FUND 12/30/02 27-27-001-3916783 62.51 62.51 BLACKROCK FUNDS INTL SMALL CAP EQUITY PORTFOLIO FUND 05 INSTITUTIONAL CLASS 12/22/03 13.67 12/21/04 259.41 273.08 FEDERAL HOME LOAN BANKS 2.66% DUE 04/25/05 4/25/03 1.330.00 1.330.00 HARBOR FUND INTERNATIONAL FUND CL FD fill 1/02/04 511.48 1/03/05 570.05 ISHARES TR RUSSELL 2000 7/01/04 9/30/04 12/30/04 3/31/05 6/24/05 1.081.53 INDEX FD 91.38 79.40 123.33 164.44 87.85 546.40 T ROWE PRICE MID CAP VALUE FD f/115 12/18/03 372.55 12/15/04 291.85 664.40 TURNER SMALL CAP VALUE FUND FUND f/1183 7/03/02 6.39 10/01/02 5.99 1/02/03 7.36 4/01/03 4.53 7/01/03 1.86 BLACKROCK MONEY MARKET INSTITUTIONAL CLASS FD H01 6/03/02 7/01/02 7/01/02 8/01/02 8/01/02 9/03/02 9/03/02 10/01/02 10/01/02 11/01/02 11/01/02 12/02/02 12/02/02 1/02/03 1/02/03 2/03/03 2/03/03 - 34 - 26.13 26.98 .03 772.55 1.38 720.02 2.13 679.61 2.44 611.08 3.66 572.43 4.79 274.92 5.43 225.11 6.00 199.77 . JOHN A PORTA 27-27-001-3916783 RECEIPTS OF INCOME CONTINUED: BLACKROCK MONEY MARKET 3/03/03 3/03/03 4/01/03 4/01/03 5/02/03 5/02/03 6/02/03 6/02/03 7/01/03 7/01/03 8/01/03 8/01/03 9/02/03 9/02/03 10/01/03 10/01/03 11/03/03 11/03/03 12/01/03 12/01/03 1/02/04 1/02/04 2/02/04 2/02/04 3/03/04 3/03/04 4/01/04 4/01/04 5/03/04 5/03/04 6/01/04 6/01/04 7/01/04 7/01/04 5.54 162.06 6.08 175.03 6.48 175.03 9.32 318.88 9.68 200.53 9.66 90.63 9.65 58.81 9.09 34.64 9.47 8.98 10.84 25.13 12.77 9.16 15.03 1.64 13.74 1.51 14.56 1.58 14.25 1.51 14.20 18.65 10.44 36.17 BLACKROCK LIQUIDITY FUNDS TEMP FUND ADMINISTRATION SHARES #H1 7/01/04 7/01/04 8/02/04 8/02/04 9/01/04 9/01/04 10/01/04 10/01/04 11/01/04 11/01/04 12/01/04 12/01/04 1/03/05 1/03/05 2/01/05 2/01/05 3/01/05 3/01/05 5,609.07 7.09 22.58 28.51 75.27 32.14 44.03 35.61 14.45 40.98 27.12 15.65 59.73 11.23 88.12 18.08 109.88 14.70 56.63 - 35 - . JOIffi A PORTA 6/26/02 11/08/04 27-27-001-3916783 RECEIPTS OF INCOME CONTINUED: BLACKROCK LIQUIDITY FUNDS TEMPFUND 4/01/05 4/01/05 5/02/05 5/02/05 6/01/05 6/01/05 7/01/05 7/01/05 17 .06 74.86 17.13 57.13 14.89 62.52 16.43 60.15 MISCELLANEOUS 1,021.97 TRANSFER FROM PRINCIPAL 822.43 TRANSFER FROM PRINCIPAL TO REIMBURSE COMPENSATION PAID FROM INCOME 3,579.00 TOTAL INCOME 86,504.97 ------------ ------------ - 36 - . Jb:Effi A PORTA 27-27-001-3916783 DISBURSEMENTS OF INCOME 11/05/04 TRANSFER TO PRINCIPAL INCOME BALANCE AS OF 5/3/04 (DATE OF DEATH) 23.591.52- 11/05/04 TRANSFER TO PRINCIPAL ACCRUED INCOME ON D/O/D 5/3/04 7.048.37- 1/11/05 UNITED STATES TREASURY 4TH QUARTER FIDUCIARY EST INC TAX 220.00- 1/11/05 PENNA DEPARTMENT OF REVENUE 4TH QUARTER FIDUCIARY EST INC TAX 209.00- TRUSTEE'S COMPENSATION PNC BANK NATIONAL ASSOCIATION COMPENSATION BASED ON PRINCIPAL MARKET VALUE 6/24/02 7/23/02 8/22/02 9/24/02 10/22/02 11/22/02 12/24/02 1/22/03 2/24/03 3/24/03 4/22/03 5/22/03 6/24/03 7/22/03 8/22/03 9/23/03 10/22/03 11/24/03 12/23/03 1/22/04 2/24/04 3/23/04 4/22/04 5/24/04 6/22/04 7/22/04 8/24/04 9/22/04 10/22/04 11/23/04 12/22/04 1/24/05 2/23/05 3/22/05 4/22/05 5/24/05 6/22/05 918.11- 889.59- 909.53- 876.49- 879.30- 885.15- 857.24- 862.96- 848.34- 853.37- 857.28- 867.99- 890.68- 881.00- 878.12- 880.61- 887.40- 878.83- 874.07- 896.53- 903.84- 894.55- 901. 71- 1.098.23- 1.119.09- 1.104.74- 1.083.77- 1.101.73- 376.54- 387.48- 392.19- 388.69- 428.00- 427.03- 414.31- 420.09- 427.12- TOTAL INCOME DISBURSEMENTS 29.441.70- 60.510.59- ---------- ---------- - 37 - . JOHN' A PORTA ROSEMARY A PORTA DISTRIBUTIONS OF INCOME TO BENEFICIARIES CASH DISTRIBUTED 12/01/04 1/03/05 2/01/05 3/01/05 4/01/05 5/02/05 6/01/05 7/01/05 TOTAL INCOME DISTRIBUTIONS - 38 - 2.000.00- 2.000.00- 2.000.00- 2.000.00- 2.000.00- 2.000.00- 2.000.00- 2.000.00- 27-27-001-3916783 16.000.00- 16.000.00- 16.000.00- ---------- ---------- . Jb~ A PORTA BALANCE OF INCOME ON HAND INVESTED CASH TOTAL INCOME VALUE 7/15/05 9.994.38 9.994.38 27-27-001-3916783 ACQUISITION VALUE 9.994.38 ------------ ------------ ------------ ------------ 9.994.38 - 39 - . ..' . AFFIDA VIT PNC BANK, NATIONAL ASSOCIATION and ROSEMARY A. PORTA, Successor Trustees under THE JOHN A. PORTA REVOCABLE TRUST, hereby declare under oath that said Trustees have fully and faithfully discharged the duties of their office; that the foregoing First and Final Account is true and correct, and fully discloses all significant transactions occurring during the accounting period; that all known claims against the Trust have been paid in full; that, to their knowledge, there are no claims now outstanding against the Trust; and that all taxes presently due from the Trust have been paid in full. PNC BANK, NATIONAL ASSOCIATION, Trustee By: AJ~ David A. Brown, Vice President Swo to and subscribed ben re/me his ,,;;?l~ day of ,2005. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Denise C. Sullenberger, Notary Public Hampden Twp., Cumberland County My Commission Expires Dec. 1, 2008 Member. Pennsvlvania Association of Notaries ONWEALTH . Of'- Notarial Seal Denise C. Sullenberger, Nota blic Hampden Twp., Cumbe an County My Commission Expires Dec. 1, 2008 Member. Pennsylvania Association of Notaries 579242.1 . ,,' " THE JOHN A. PORTA REVOCABLE TRUST CASH RESERVES Invested Cash on hand, 7/15/2005 $ 24,912.33 Less reserves: PNC Bank, NA, termination fee Rhoads & Sinon LLP, fees and expenses $1,500.00 2,950.00 4,450.00 Adjusted Invested Cash on Hand after payment of reserves $20.462.33 STATEMENT OF PROPOSED DISTRIBUTION TO: PNC BANK, NATIONAL ASSOCIATION and ROSEMARY A. PORTA, Trustees, Unified Credit Trust Distribution Per Article III(A) of The John A. Porta Revocable Trust dated May 20, 2002, consisting of: 575759_1 . .' . VALUE ACQUISITION 7/15/05 VALUE 300 SHS ALL TEL CORP COMMON 19,404.00 15,802.00 200 SHS AMGEN INC COMMON 14,126.00 12,400.00 300 SHS ASSOCIATED BANC CORP COMMON 10,353.00 9,196.77 400 SHS AUTOMATIC DATA PROCESSING INC COMMON 17,136.00 16,882.85 300 SHS BALL CORP COMMON 11,538.00 11,070.00 500 SHS BANK OF AMERICA CORP COMMON 22,990.00 19,226.00 600 SHS CVS CORP COMMON 18,336.00 14,997.00 300 SHS CITIGROUP INC COMMON 13,926.00 14,025.00 400 SHS COACH INC COMMON 14,108.00 11,136.00 400 SHS COMCAST CORPORATION CLASS A 12,172.00 12,422.00 COMMON 400 SHS CONOCOPHILLIPS COMMON 23,740.00 10,620.00 200 SHS DOMINION RESOURCES INC V A COMMON 14,946.00 12,940.50 200 SHS EXELON CORP COMMON 10,450.00 8,280.00 300 SHS EXXON MOBIL CORP COMMON 17,448.00 11,982.00 400 SHS FPL GROUP INC COMMON 17,384.00 12,733.00 300 SHS FEDERAL HOME LOAN MORTGAGE CORP COMMON 19,965.00 17,089.50 400 SHS FIRST DATA CORP COMMON 16,052.00 17,066.00 200 SHS FORTUNE BRANDS INC COMMON 18,666.00 11,163.50 700 SHS GENERAL ELECTRIC CO COMMON 24,871.00 21,393.00 200 SHS H J HEINZ CO COMMON 7,358.00 7,608.91 200 SHS INTERNATIONAL BUSINESS MACHINES CORP COMMON 16,476.00 17,876.50 200 SHS KINDER MORGAN INC COMMON 17,588.00 14,904.00 300 SHS MEDTRONIC INC COMMON 15,723.00 13,632.00 400 SHS MICROSOFT CORP COMMON 10,316.00 10,473.00 400 SHS MOODYS CORP COMMON 18,744.00 13,170.00 .. ,t " VALUE ACQUISITION 7/15/05 VALUE 400 SHS P A YCHEX INC COMMON 13,904.00 13,614.88 400 SHS PEPSICO INC COMMON 22,180.00 17,930.00 300 SHS RAYTHEON NEW COMMON 11,925.00 9,093.00 350 SHS SAFECO CORP COMMON 19,600.00 14,787.50 500 SHS SARA LEE CORP COMMON 10,015.00 11,560.00 300 SHS STRYKER CORP COMMON 14,907.00 14,395.50 400 SHS SYSCO CORP COMMON 14,728.00 11,372.00 500 SHS TJX COMPANIES INC COMMON 11,770.00 12,785.00 400 SHS UNITED TECHNOLOGIES CORP COMMON 20,684.00 14,582.00 500 SHS V ARIAN MEDICAL SYSTEMS INC COMMON 18,840.00 19,547.00 300 SHS W AL-MART STORES INC COMMON 15,075.00 16,347.00 FUNDS 1,388.118 UTS ARTISAN FUNDS INC INTL FD 30,746.81 25,000.00 #661 808.625 UTS BLACKROCK FUNDS INTL SMALL CAP EQUITY PORTFOLIO FUND 05 24,129.37 14,999.99 995.411 UTS CALAMOS GROWTH FUND CLASS A FUND #606 52,517.88 37,672.45 1,030.1 91 UTS HARBOR FUND INTERNATIONAL FUND 45,009.04 35,713.26 600 UTS ISHARES TR RUSSELL 2000 INDEX FD 39,600.00 34,155.00 3, 1 00.01 9 UTS T ROWE PRICE MID CAP VALUE FD#115 73,470.45 62,117.57 PRINCIP AL CASH 13,046.89 13,046.89 TOTAL 1,304,282.94 1,150,702.07 ------------ ------------- ------------ ------------ ~ " . I TO: ROSEMARY A. PORTA Residue, per Article III(B) of The John A. Porta Revocable Trust dated May 20, 2002, consisting of: $50,000 PAR BRISTOL TWP P A BOND 3.25% DUE 09/01109 100 SHS AUTOMATIC DATA PROCESSING INC COMMON 200 SHS CONOCOPHILLIPS COMMON 100 SHS EXXON MOBIL CORP COMMON 100 SHS FORTUNE BRANDS INC COMMON 100 SHS KINDER MORGAN INC COMMON 100 SHS MEDTRONIC INC COMMON 100 SHS STRYKER CORP COMMON PRINCIPAL CASH TO: ROSEMARY A. PORTA Undistributed income earned on Trust assets from date of death of the Settlor to July 15, 2005 INCOME CASH VALUE 7/15/05 50,485.00 ACQUISITION VALUE 49,976.00 4,284.00 4,220.71 11,870.00 5,310.00 5,816.00 3,994.00 9,333.00 5,581.75 8,794.00 7,452.00 5,241.00 4,544.00 4,969.00 4,798.50 7.415.44 7.415.44 108.207.44 93.292.40 9.994.38 9.994.38 RECONCILIATION Combined Balance on Hand per Accounting Reserves for Fees Distributions to: Trustees of Unified Credit Trust Rosemary Porta Principal Income 1.426.934.76 1.258.438.85 4,450.00 4,450.00 1,304,282.94 1,150,702.07 108,207.44 9.994.38 1.426.934.76 93,292.40 9.994.38 1.258.438.85 i/ it/' /ji~,,_) tJ/" RHbADS & SINON LLP Yvonne R. Durham Phone (717) 231-6677 Fax (717) 232-1459 yd u rham@rhoads-sinon.com FI LE NO 8129/02 December 6, 2005 Re: Estate of John A. Porta File No.: 00600 of 2004 Ms. Glenda Farner-Strasbaugh Register of Wills Cumberland County Courthouse 1 Courthouse Square Carlisle, P A 17013 Dear Ms. Farner-Strasbaugh: We enclose a Final Status Report for filing in the above captioned Estate. Please time stamp the enclosed copy of this letter and return it to us in the self-addressed envelope provided. Very truly yours, R@ADS& SINON LLP -"'" By: '\ Y YOJRle R. Durham Paralegal Enclosures cc: Mr. David Brown (w/enc) 571J222.1 Rhoads &: Sinon LLP . Attorneys at Law. Twelfth Floor. One South Market Square. P.O. Box 1146 Harrisburg, PA 17108-1146 . ph (717) 233-5731 . fx (717) 232-1459 . www.rhoads-sinon.com 570225.1 STATUS REPORT UNDER RULE 6.12 Name of Decedent: John A. Porta Date of Death: May 3,2004 Will No. 00600 of 2004 Admin. No. Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: Yes X No 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: The Estate has been held open pending sale of real estate. It is anticipated that said real estate will be sold within the next year. 3. Ifthe answer to No.1 is Yes, state the following: a. Did the personal representative file a final account with the Court? Yes No X b. representative's account is: The separate Orphans' Court No. (if any) for the personal c. Did the personal representative state an account informally to the parties in interest? Y es ~ No_ d. Copies of receipts, relea1;. informal accounts may be filed with the Clerk of t~~O ~~ / Date: ~ December ,2005 ----\- Sign Stanley A. Smith Name (Please type or print) Rhoads & Sinon LLP PO Box 1146 Harrisburg, P A 17108-1146 Address 717-233-5731 Tel. No. Capacity:_Personal Representative ~ Counsel for personal representative C', (.., 0') - -~"- ..., ,~. c~: I, !, -'I ;. -j I. . L"''o ~L~' 0..,} ~~