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Home My WebLink About02-22-111505610143 ~ REV-1500 Ex(°'-'°' PA De artment of Revenue • OFFICIAL USE ONLY p Pennsylvania County Code Year File Number Bureau of Individual Taxes DEPARTMENT OF REVENUE Po Box.2soso~ INHERITANCE TAX RETURN 2 1 1 0 0 8 5 7 Harrisburg, PA 17128-0601 RESIDENT DECEDENT ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death Date of Birth 197 26 7053 07 30 2010 03 24 1914 Decedent's Last Name Suffix Decedent's First Name MI TILDEN JR ELWYN E (If Applicable) Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Spouse's First Name MI Spouse's Social Security Number THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS FILL IN APPROPRIATE OVALS BELOW ® 1. Original Return ^ 2. Supplemental Return ^ 3. Remainder Retum (date of death prior to 12-13-82) ^ 4. Limited Estate ^ 4a. Future Interest Compromise ^ 5. Federal Estate Tax Return Required (date of death after 12-12-82) 0 ® g Decedent Died Testate ^ ~, Decedent Maintained a Living Trust 8. Total Number of Safe Deposit Boxes (Attach Copy of Will) (Attach Copy of Trust) ^ 9. Litigation Proceeds Received ^ tD. Spousal Poverty Credit (date of death between 12-31-91 and 1-1-95) ^ 1 t.Election to tax under Sec. 9113(A) (Attach SCh. 0) CORRESPONDENT -THIS SECTION MUST BE COM PLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: Name Daytime Telephone Number HAMILTON C DAVIS 717 532 5713 First line of address 20 EAST BURD STREET Second line of address SUITE 6 City or Post Office SHIPPENSBURG State ZIP Code PA 17257 REGISTER.Q~ WILLS USE~f~NLY -; . -~- t ii ~ C-~ =) " ~-~: ~_A'~- - ~. f - N `' ~~ ~ iV c''_,r` jai DAT ILED r.,y b ~-~ c~ Correspondent'se-mail address: hdavis@Zullinger-DaVIS.COm Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct and complete. Declaration of preparer other than the personal representative Is based on all information of which preparer has any knowledge. SIGNATU F PERSON RErrSPONSIBLE FOR FILING RETURN DATE ~~J~ `. ~---~ HAMILTON C. DAVIS Z ~/'7 / I / ADDRESS ~ • P.O. BOX 40, SHIPPENSBURG, PA 17257 SIGNATURE PREPARER OTHE THAN REPRESENTATIVE DATE '~ ~ ~ ~` - Hamilton C Davis z~~ 7 ~~~ 20 East Burd Street, Shippensburg, PA 17257 Side 1 1505610143 1505610143 J i~ a J 1505610243 REV-1500 EX ~ecedenrs name: 71 L D E N, E L W Y N E J R Decedent's Social Security Number 1 9 7 2 6 7 0 5 3 RECAPITULATION 1. Real Estate (Schedule A) .......................................................................................... 1. 610,194.17 2. Stocks and Bonds (Schedule B) ............................................................................... 2. 3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C).......... 3. 4. Mortgages & Notes Receivable (Schedule D) .......................................................... 4. 35,408.71 5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) ................ 5. 6. Jointly Owned Property (Schedule F) ^ Separate Billing Requested ............. 6. 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (Schedule G) ^ Separate Billing Requested ............. 7. 645, 602.88 g. ................................. Total Gross Assets (total Lines 1-7) ...................................... $. 26,214.71 9. Funeral Expenses & Administrative Costs (Schedule H) ......................................... 9. 1,348.94 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) ................................ 10. 27,563.65 11. Total Deductions (total Lines 9 & 10) ...................................................................... 11. 618,039.23 12• Net Value of Estate (Line 8 minus Line 11) ............................................................. 12. 13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been made (Schedule J) ................................................. 13. 618,039.23 14. Net Value Subject to Tax (Line 12 minus Line 13) ................................................. 14. TAX COMPUTATION -SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116 (a)(1.2) X .00 15. 16. Amount of Line 14 taxable 6 0 7, 0 3 9. 2 3 16 at lineal rate X .045 . 17. Amount of Line 14 taxable at sibling rate X .12 17. 18. Amount of Line 14 taxable 1 1, 0 0 0 0 0 1 g at collateral rate X .15 _ 19. Tax Due ................................................................................................................... .. 19. 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT. 27,316.77 1,650.00 28,966.77 Side 2 1505610243 1505610243 J REV-1500 EX Page 3 Decedent's Complete Address: File Number 21 - 10 - 0857 DECEDENT'S NAME TILDEN, ELWYN E JR STREET ADDRESS 210 BIG SPRING ROAD CITY NEWVILLE STATE PA ZIP 17241 Tax Payments and Credits: 1. Tax Due (Page 2, Line 19) (1) 28,966.77 2. Credits/Payments A. Prior Payments 27,000.00 e. Discount 1,448.34 Total Credits (A + B) (2) 28,448.34 3. Interest (3) 0.0 0 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. (4) Check box on Page 2 Line 20 to request a refund 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) 518.4 3 ~~~~ tt~~ ~cg~ M},iake Check Payable to: REGISTER OF WILLS, AGENT. PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: Yes No a. retain the use or income of the property transferred :.................................................................................. ^ ^x b. retain the right to designate who shall use the property transferred or its income :.................................... ^ ^x c. retain a reversionary interest; or .................................................................................................................. ^ ^x d. receive the promise for life of either payments, benefits or care? .............................................................. ^ 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? ....................................................................................................................... ^ ^x 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death?......... ^ ^x 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? ...................................................................................................................... ^ 0 IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. :_ .S -A,~~'~~ _~,.'~ -a~ ~ T'~: ~' d ~ `r~~ ~'K :. :?~ r. i .... .~.. ~....6e~.= _ + ___ -.. t ~~Jl~e...Lx y. For dates of death on or after July 1, 1994 and before Jan. 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 3 percent [72 P.S. §9116 (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 surviving spouse is 0 percent [72 P.S. §9116 (a) (1.1) (ii)]. The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary. For dates of death on or after July 1, 2000: • The tax rate imposed on the net value of transfers from a deceased child 21 years of age or younger at death to or for the use of a natural parent, an adoptive parent, or a stepparent of the child is 0 percent [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 lineal beneficiaries is 4.5 percent, except as noted in 72 P.S. §9116 1.2) [72 P.S. §9116 (a) (1)]. • The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12 percent [72 P.S. 59116 (a) (1.3)1. A sibling is defined under Section 9102, as an individual who has at least one parent in common with the decedent, w ether by blood or adoption. SCHEDULE B STOCKS & BONDS COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT FILE NUMBER ESTATE OF TILDEN, ELWYN E JR 21 - 10 - 0857 All property jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM NUMBER DESCRIPTION UNIT VALUE VALUE AT DATE OF DEATH 1 RBC WEALTH MANAGEMENT INVESTMENT ACCOUNT, ACCOUNT NO. 609,514.23 311-01358 (SEE LIST OF ASSETS AND DATE OF DEATH VALUES) 2 ACCRUED INTEREST ON 1 i 679.94 TOTAL (Also enter on line 2, Recapitulation) 610,194.17 SCHEDULE E CASH, BANK DEPOSITS, & MISC. COMMONWEALTH OF PENNSYLVANIA PERSONAL PROPERTY INHERITANCE TAX RETURN RESIDENT DECEDENT FILE NUMBER ESTATE OF TILDEN, ELWYN E JR 21 - 10 - 0857 Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointly-owned with the right of survivorship must be disclosed on schedule F. ITEM DESCRIPTION VALUE AT DATE OF NUMBER DEATH 1 ~ ADAMS COUNTY NATIONAL BANK CHECKING ACCOUNT 35,408.71 TOTAL (Also enter on Line 5, Recapitulation) ~ 35,408.71 SCHEDULE H FUNERAL. D(PENSES & COf•MAONWEALTH OF PENNSYLVANIA nA 'c ~p INHERITANCE TAX RETURN ADlrl'N1~7 1 ~A~ ~~ RESIDENT DECEDENT FILE NUMBER ESTATE OF TILDEN, ELWYN E JR 21 - 10 - 0857 Debts of decedent must be reported on Schedule I. ITEM NUMBER FUNERAL EXPENSES: DESCRIPTION AMOUNT A. 1 EGGER FUNERAL HOME 2,400.71 2 GREEN RIDGE VILLAGE MEMORIAL MEAL ~ 348.00 B. 1 2. 3. ADMINISTRATIVE COSTS: Personal Representative's Commissions Name of Personal Representative(s) HAMILTON C. DAVIS Street Address P.O. BOX 40 City SHIPPENSBURG State PA Zip 17257 Year(s) Commission paid Attorney's Fees HAMILTON C. DAVIS, ESQUIRE Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant 4. 5. 6. 7. 1 Street Address City State Zip Relationship of Claimant to Decedent Probate Fees CUMBERLAND COUNTY REGISTER OF WILLS Accountant's Fees Tax Return Preparer's Fees Other Administrative Costs CUMBERLAND COUNTY LEGAL JOURNAL 5,000.00 18, 000.00 290.00 75.00 TOTAL (Also enter on line 9, Recapitulation) 26,214.71 COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT Schedule H Funeral E~enses & Adminisaatinre Costs continued FILE NUMBER ESTATE OF TILDEN, ELWYN E JR 21 - 10 - 0857 2 ~ THE VALLEY TIMES STAR 101.00 Page 2 of Schedule H SCHEDULEI DEBTS OF DECEDENT, MORTGAGE COMMONWEALTH OF PENNSYLVANIA LIABILITIES, & LIENS INHERITANCE TAX RETURN RESIDENT DECEDENT FILE NUMBER ESTATE OF TILDEN, ELWYN E JR 21 - 10 - 0857 Report debts incurred by the decedent prior to death that remained unpaid at the date of death, including unreimbursed medical expenses. ITEM DESCRIPTION AMOUNT NUMBER 1 GREEN RIDGE VILLAGE 730.49 2 ~ CARLISLE REGIONAL MEDICAL CENTER ~ 278.63 3 ~ MILLENIUM PHARMACY ~ 2.55 4 ~ CUMBERLAND GOODWILL EMS ~ 101.00 5 ~ PINKER & ASSOCIATES ~ 181.56 6 ~ CARLISLE HMA PHYS MANAGEMENT ~ 54.71 TOTAL (Also enter on Line 10, Recapitulation) ~ 1,348.94 REV-1513 EX+ i11-O8) SCHEDULE J COMMONWEALTH OF PENNSYLVANIA BENEFICIARIES INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER TILDEN, ELWYN E JR 21 - 10 - 0857 RELATIONSHIP TO SHARE OF ESTATE AMOUNT OF ESTATE NUMBER NAME AND ADDRESS OF PERSON(S) DECEDENT (Words) ($$$) RECEIVING PROPERTY Do Not List Trustee(s) I, TAXABLE DISTRIBUTIONS [include outright spousal distributions, and transfers under Sec. 9116 (a) (1.2)] 1 JILL DAVIS Friend 10,000.0( 241 BULLSHEAD ROAD NEWVILLE, PA 17241 2 CHARLOTTE FISHER Friend 1,000.0( 323 BIRCK CHURCH ROAD NEWVILLE, PA 17241 3 MARY K. TILDEN Daughter-in-Law 5,000.0( 605 NORTH 2ND STREET LOCKPORT, LA 70374 Enter dollar amounts for distributions shown above on lines 1 5 through 18 on Rev 1500 cover sheet, as appropriate. II. NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT TAKEN B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OF PART II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET 0.00 REV•1513 EX+ (g•00) SCHEDULE J COMMONWEALTH OF PENNSYLVANIA BENEFICIARIES continued INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER TILDEN, ELWYN E JR 21 - 10 - 0857 RELATIONSHIP TO SHARE OF ESTATE AMOUNT OF ESTATE NUMBER NAME AND ADDRESS OF PERSON(S) DECEDENT (Words) ($$$) RECEIVING PROPERTY Do Not List Trustee(s) I. TAXABLE DISTRIBUTIONS [include outright spousal f i d t di ib ers ons, an rans str ut under Sec. 9116 (a) (1.2)] 4 DENISE W. TILDEN Daughter-in-Law RESIDUE, PLUS 301,019.6' 6 BARRY WALK, QUEENS PK $5,000.00 UNITED KINGDOM, BN2 BEQUEST 5 H. HARVEY TILDEN Son RESIDUE, PLUS 301,019.6' 6 BARRY WALK, QUEENS PK $5,000.00 UNITED KINGDOM, BN2 i BEQUEST Page 2 of Schedule J Renaissance Place ~5 North 12th St, 2nd FL SAP ~a'L~moyne, PA 17043 Phone: 717-724-4200 Toil Free: 800-480.7497 Fax: 717.724.4239 September 9, 2010 I-Iamiiton C Davis, Esquire Zullillger-Davis Pro#'essional Corporation P O Box 40 Shlppe11s1?Lll'g, PA 17257 Rl;: Elwyu L Tilden, Jr. ]state Date of Death Values For Account # 311-01358 Dear Mr. Davis: Enclosed please find date oi~death values as of July 30, 2010 for I/Iwyn. E Tilden, .1r.'s account here at RF3C Wealth Management. 7/30/10 7/30/10 llcscription Symbol Quantity Price Market Value Money Market hund TPMXX 43,527.82 $1.00 $43,527.82 AT&T Inc. T 1,885 $25.94 $48,896.90 Dominion Res Inc D 798 $41.99 $33,508.02 Exxon Mobil Corp XOM 1,200 $59.68 $71,616.00 Fairpoint Conun. inc. FRCMQ 16 $0.04. $0.64 Frontier Cotnm. Corp (B) FTR 211 $7.64 $1,612,04 ldacorp Inc. IDA 441 $35.22 $15,532.02 IBM Corp. IBM 200 $1.28.40 $25,680.00 Legg Mason Value Trust L.MVTX 761.373 $34.69 $26,412.03 Mirant Corp lscrow Sl~s 159 None None PG&E Corp. PCG 606 $44.40 $2b,906.40 Royce Fd Total Return RYTCX 2,999.397 $11.39 $34,163.13 Southern Co. SO 400 $35.33 $14,132.00 '1'eco Energy lnc, 7'E .680 $16.34 $11,111,20 Verizon Convn. VZ 880 $29.06 $25,572.80 ..<Ucatel-Lucent ALU 94 $2..98 $280.12 ELU.o Pacific Growth I=d AEGBX 1,087.586 $36.61. $39,51.6.52 Legg Mason El~zerging LMI?MX 506.330 $20.67 $10,4¢5,84 , . l:,egg Masol~ Western H/I SIIICX 5,12].405 $5.89 $30,1.65.08 RBC Wealth Management, a division of RBC Capital Markets Corporation, Member NYSE/FINRA/SIPC ~~~~ ~ w ti, _,, ° ,.j ~-,, Y.; {'~` Renaissance Pface "~ b35 North 12th St, 2nd FL ~` ~PS~~ Lemoyne, PA 17043 Phone: 717-724-4200 7011 Free: 800-480-7497 Fax: 717.724.4239 I'a~e 2 7/30/10 7/30/10 Description Symbol Quantity Price Market Value F1-ILM Ser 2759 31394TDC6 80,000.00 $100.584 $17,242.96 Cpn 5.00% 3/15/2034 Accrued Int. $71.43 Factor = .34285693 Current Balance = 17,143 BAMC. Series 2004-3 05949A.AD2 25,000.00 $97.826 $24,456.50 Cpn 5.50% 4/25/2034 Accreted. Int. $ 114.58 Factor = I.UO Current Balance -= 25,000 FNMA Ser20U5-3 31.394C.BY7 1.00,000.00 $100.946 $42,713.65 Cpn 5.50°i° 10/25/2034 Accrued Int. $x93.94 Factor = .42313368 Current Balance = 42,313 FNMA Scr 2004-99 31394BP32 60,000.00 Cpn 5.50% 12/25/2034 Factor = 1.00 Current Balance = 60,000 3AFC Series 2005-8 U5946X2R3 20,000.00 Cpn 5.75% 1/25/2036 Factor = .26080205 Current Balance = 5,216 A Wts Mirant Corp MIRWSA ] 3.00 WTS on Mirant Corp CLA Exp 1/03/2011 Total Market Value as of July 30, 2010 l;stimated accrued interest $101.485 $60,891.00 Accrued Int. $275.00 $92.233 $4,810.91 Accrued Int. $24.99 $0.050 $0.65 $609,514.23 679.94 As always, please call with any questions you may have. Sinccerely, /~.7} Brian A Fields, CFPOO Vice President - Financial Consultant the J~rrces riTdicodec! are. obfcrrt~ed /i•nm sources rve consider re(ia6(e Gu[ are not gucrrafTteed. RBC Wealth Management, a division of RBC Capital Markets Corporation, Member NYSEJFINRA(SIPC LAST WILL AND TESTAMENT ``. ~ I' t~ Cumberland County, PA, declare this to be my Last Will and Testament and revoke any Will or Codicil previously made by me. ITEM I: I direct that all my just debts and funeral expenses, including my gravemarker and all expenses of my last illness, I, ELWYN E. TILDEN, JR., of West Pennsboro Township, shall be paid from my residuary estate as soon as practicable after my decease as a part of the administration of my estate. ITEM II: I am the widower of MARGUERITE H. TILDEN and I have one living child, HAROLD HARVEY TILDEN (who is known as HARVEY TILDEN). My late wife and I had another son, ELWYN E. TILDEN, III, who has predeceased both of us. Neither of our children have had any children. HARVEY TILDEN is presently married to DENISE W. TILDEN. Until his death, ELWYN E. TILDEN, II:I, was married to MARY K. TILDEN. As used in this will, unless the context clearly dictates otherwise, the term "son" and "child" shall refer to HARVEY TILDEN and the term "daughter-in-law" sha.11 refer to DENISE W. TILDEN and/or MARY K. TILDEN, as the context shall indicate. ITEM III: I give and bequeath all of my tangible personal property (not including cash or securities) including, without limitation, personal effects, household furniture and furnishings and the like, together with any policies of insurance in effect at the time of my death applicable thereto, including any prepaid premiums thereon, to my son, HARVEY TILDEN. Should my son, HARVEY TILDEN, predecease me, then these items shall :be distributed to such of my nephews, CHRISTOPHER TILDEN and TIMOTHY TILDEN, and my niece, SUSAN TILDEN LAU, as are living on the thirty-first (31st) day after my death to be divided among them by my Executor as nearly as possible in equal shares in such manner as they may agree upon or, failing agreement for any reason whatsoever, then in such manner as my Executor shall determine, giving due regard for their personal preferences. ITEM IV: I give and bequeath the sum of Five Thousand ($5,000.00) Dollars each to my son, HARVEY TILDEN, my daughter-in- law, MARY K. TILDEN, and my daughter-in-law, DENISE W. TILDEN, if they survive me by thirty (30) days. If any of these specific legatees predecease me (or die on or before the :30th day following my death), the gift hereunder shall lapse and pass as a part of my residuary estate under Paragraph V below. ITEM V: I devise and bequeath the residue of my estate to the Trustee a~Mcting at the time of my death under the Trust created by me on 1 iIOI~ ~ ~}ZOcL~ of which Hamilton C. Davis is Trustee, IN TRUST, for the uses and purposes and subject to the terms and provisions thereof. My residuary estate shall be added to such Trust and administered and distributed as part thereof, including any alterations or amendments thereto made pursuant to its terms or to any other lifetime trust which I may heY-eafter substitute therefor. ~ Should the Trust created by me on Y~'1l~~~3) Zc~ be entirely I~ J J revoked without a substitute (or other provision made in the .~ document of revocation) or should that Trust fail to exist or be 2 or become unenforceable for any reason, then my residuary estate shall be held and administered and distributed by my Executor as a Trustee pursuant to the terms and provisions of that Trust as it existed on 1~~10~,,,~f .Zero without such resultant Trust being ,~ considered a testamentary Trust. ITEM VI: My Executor and/or Trustee herein appointed shall have, in addition to those powers vested in by law and any other provisions of my Will, all powers granted by me to the Trustee in the above referenced Trust (and any amendment of or substitute for such) as fully and completely as if the same were set forth herein in their entirety and the same are hereby incorporated herein by reference. ITEM VII: I direct that all taxes that may be assessed in consequence of my death, of whatever nature and by whatever jurisdiction imposed, shall be paid from the charitable portion of my residuary estate or from the charitable portion of the residue of my Trust, as part of the expenses of the administration of my estate, without apportionment to any individual beneficiary. Any such taxes may be paid directly by TRUSTEE or the funds for their payment may be transferred by TRUSTEE to my Executor or Administrator; and neither such Executor or Administrator nor any beneficiary of my Estate shall be required to reimburse TRUSTEE for any funds so paid or transferred. The provisions of this ITEM and the tax payment provisions of my Trust shall be interpreted as an integrated whole and each fiduciary is authorized to rely upon J ~,~ certifications from any other as to the amounts of various taxes, 3 expenses and assets and shall make decisions with a view toward overall minimization of taxes. ITEM VIII: I appoint, Hamilton C. Davis, Executor of this my Last Will. Should he fail to qualify or cease to act as Executor, I appoint my friend Jill A. Davis, and my so:n, Harvey Tilden, substitute Co-Executors of this my Last Will. ITEM IX: I direct that my Executors or their successors shall not be required to give bond for the faithful performance of their duties in any jurisdiction. ITEM X: My individual fiduciary shall be entitled to reasonable compensation for his or her services :rendered from time to time and to reimbursement of out of pocket expenses. ITEM XI: The interests of the beneficiaries hereunder shall not be subject to anticipation or to voluntary or involuntary alienation. IN WITNESS WHEREOF, I hereunto set my hand and seal to this my l- ,1`~ ~J IJ 4 Last Will and Testament, written on six (6) sheets of paper, dated s± this ,3t day of ~~'~,oy ~~ 2000. w~ ,~, L i LY:.,cCt.,l ~'~ ~ ( SEAL ) Elwyn E. Tilden, Jr. The preceding instrument, consisting of this and five (5) other typewritten pages, each identified by the signature or initials of the Testator, was on the day and date thereof signed, published and declared by the Testator therein named, as and for his Last Will, in the presence of us, who, at his request, in his presence, and in the presence of each other have subscribed our names as witnesses hereto. -1 ~Y%l ;.a~~'~ (~~~.+~;:~~ residing at 6~~)~.''"~ J I ~; ~ P~ !=~(~/i.4.~• ~-~ residing a t Cl Zt~l'3's U~QN.~ll/1A~ p~- 5 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. I, ELWYN E. TILDEN, JR., the Testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. C..~e""--~,^~-. C= ~ e:-~Z eE~/-i.., _~r- ( SEAL ) Elwyn E. Tilden, Jr. Sworn to or affirmed and acknowledged before me by Elwyn E. Tilden, Jr., the Test tor, this _y~ day of ~ 2 0 0 0 . NOTARIAL EAL ' TRINA Y. BROOKENS, Notary Public ' sbur9 Aoro, Cumberland County ary Public MyCommissianExpiresAiiylI,Z004 COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND We , ~~~'~~~ ~~~ ~ . C~,I'~Sr~h and T~} F'Z!'~- R ~'bLS1'~( the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the Testator sign and execute the instrument as his Last Will; that the Testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testator signed the Will as a witness; and that to the best of our knowledge the Testator was at the time eighteen (18) or more years of age and of sound mind and under no constraint or undue influence. ~~ ~;Irti~'iL~l( 'Z~~~~ Sworn to or affirmed and subscribed to before me by SuSA,N ~ (r18Sot~ and Q!4 ~Sj witnesses, this (Sr y of ~ 2000. Notary u lic NOTARIAL SEAL TRINA id. BROOKENS, Notary Public Shippensburg Boro, Cumberland County My Commission Expires 14ay a, X004 6 REVOCABLE STANDBY TRUST S)' TH~1InS AGREEMENT OF TRUST executed in duplicate this ~` day of r1~ 2000, between ELWYN E. TILDEN, JR., of 4 Pine Circle, Newville, Pennsylvania (hereinafter called "SETTLOR"), and HAMILTON C. DAVIS, (hereinafter whether singular or plural, individual or corporate, called "TRUSTEE"). W I T N E S S E T H: WHEREAS, SETTLOR has delivered the sum of ten dollars ($10.00) to the TRUSTEE; and WHEREAS, SETTLOR or other persons may, by inter vivos transfer, Will, beneficiary designation or otherwise, contribute or add cash or other property to this trust. NOW, THEREFORE, TRUSTEE agrees to hold the above sum and any property, real or personal, that may be contributed or added to the Trust, and to collect and hold such property and proceeds and additions (such property and proceeds and additions being hereinafter called the Principal), IN TRUST, as follows: FIRST: During the SETTLOR's lifetime, the TRUSTEE shall invest and manage the Principal as a separate trust and make distributions as follows: A. TRUSTEE shall pay from the net income therefrom to SETTLOR for and during his lifetime such periodic installments in such amounts as SETTLOR shall request, provided that if, in the opinion of TRUSTEE, SETTLOR should by reason of age, illness, or for any other cause become 1 incapable of appropriately receiving or disbursing income TRUSTEE may then apply the net income of this trust for the support of SETTLOR to maintain him in the station of life to which he is accustomed at the creation of this trust. Any income in excess of $500.00 not disbursed hereunder or as directed by SETTLOR under ARTICLE SEVENTH shall be periodically added to Principal. B. As much of the accumulated income and Principal of this trust as TRUSTEE in its sole discretion may from time to time think advisable for the health, maintenance, and support of SETTLOR to maintain him in the station of life to which he is accustomed at the creation of this trust, or during illness or emergency, may be either paid, to him or else applied directly for his benefit by TRUSTEE.. C. Upon SETTLOR's death, Trustee shall, as expeditiously as is practicable, distribute all the residue and remainder of the principal and any accumulated and undistributed income and any additions received under Settlor's Will or the Will of any other person or otherwise, after payment of Settlor's debts, taxes and administration expenses as hereinafter provided, as follows: 1. Twenty percent (20%) of the residuary balance to The American Bible Society, a corporation organized and existing under the laws of the State of New York, with its offices presently located at 1865 Broadway, New York, New York (hereinafter referred to as the 2 "Society"), to be used for the general purposes thereof . PROVIDED, that if SETTLOR'S son, HARVEY TILDEN, presently of Brighton, England, survives SETTLOR, such twenty percent (20%) portion of the residuary balance shall be distributed to the Life Income Fund II established by said Society, being a pooled income fund described in Section 642(c)(5) of the Internal Revenue Code of 1986, as amended (hereinafter referred to as the "Society Fund"), from which shall be paid to SETTLOR'S surviving son during his lifetime, a proportionate share of the income earned by the Society Fund attributable to this gift according to the Governing Instrument of the Society Fund, with the remainder upon the death of SETTLOR'S son to pass absolutely to the Society to be used for the general purposes thereof. 2. Eighty percent (80%) of the residuary balance to Presbyterian Homes, Incorporated, or its successor(s), as the Trustee under a certain Agreement of Trust executed by SETTLOR and his wife (as the Settlors thereof) and said Trustee, dated October 22, 1986, to be added to and become part of the Trust thereby established and administered as provided in such Agreement of Trust as in effect on the date of 3 SETTLOR'S death. THIRD: The principal and income of this trust shall be free from anticipation, assignment, pledge or obligation of Settlor or of any beneficiary and shall not be subject to any execution or attachment or to voluntary or involuntary alienation. FOURTH: Trustee shall have the power, but not the duty, to make such expenditures out of this trust as TRUSTEE, in TRUSTEE'S discretion, may consider desirable in order to facilitate the settlement of Settlor's estate. In exercising such power, Trustee may pay, in whole or in part, any or all of the following items: the expenses of Settlor's last illness and burial, including cost of gravemarker; his debts; his income taxes; the death taxes on any and all property included in his gross estate for tax purposes; and all other items in connection with the settlement of his estate. Any such items may be paid directly by Trustee or the funds for their payment may be transferred by Trustee to Settlor's executor or administrator; and neither such executor or administrator or any beneficiary of Settlor's estate shall be required to reimburse Trustee for any funds so paid or transferred. All such death taxes on present or future interests shall be paid at such time or times as Trustee may think proper, regardless of whether such taxes are then due, provided that any postponed taxes on future interests shall be charged against the particular share .with respect to which the taxes are imposed. Trustee may rely upon a certification as to 4 such amounts from SETTLOR's executor or administrator. FIFTH: Trustee shall have the following powers in addition to those vested in it by law and by other provisions of this trust, applicable to all property, whether principal or income, including property held for minors, exercisable without court approval, and effective until actual distribution of all property: A. A. General Management and Investment Powers. The Trustee shall have full power and authority to manage and control the trust estate, to borrow money from any source (including the power to borrow from a Trustee or any affiliate of a Trustee) and to sell, exchange, lease, grant options, rent, mortgage, pledge, assign, transfer or otherwise dispose of or encumber (including sales to a Trustee) all or any part of the trust estate (for terms extending beyond the termination of the trust estate or otherwise), upon such terms and conditions as the Trustee may see fit. The Trustee may invest and reinvest all or any part of the trust estate in such stocks, common and preferred (including the corporate stock of any corporate Trustee, or any of its affiliates), debentures, shares or participations in any common or mutual fund, interests in any general, limited, or limited liability partnership or in any limited liability company, bonds, notes, repurchase agreements and deposit accounts of any kind from or in any bank (including any corporate Trustee, or any of its affiliates), savings and loan association or other financial institution or brokerage firm, stock options and warrants, securities or other property, real or personal, within or without 5 the State of Pennsylvania, domestic or foreign, whether or not of the class or kind now or hereafter ordinarily approved or held to be lawful for the investment of trust funds, as the Trustee may, in the Trustee's discretion, select. The Trustee may make and change such investments from time to time ;according to the Trustee's discretion, and the Trustee may continue to hold any stocks, securities or other property received by the Trustee hereunder without any duty of diversification. The Trustee may determine whether any money or other property coming into the Trustee's hands, concerning which there may be reasonable doubt, shall be considered as a part of the principal or income of the trust estate, and may apportion between such principal and income any loss or expenditure in connection with the trust estate as to the Trustee may seem equitable, taking account of all present and future interests in the trust estate. The Trustee shall not be obligated to amortize premiums for trust securities out of income nor make additions to income because of the purchase of securities at a discount. The Trustee may exercise aTl options and all conversion, subscription, voting and other rights of whatsoever nature held by or pertaining to any property, including securities of the corporate Trustee or any affiliate thereof, held by the trust estate. Any corporate Trustee shall not disclose the name, address, or share position of the beneficial owner(s) of registered securities held by the corporate Trustee or its nominees unless the beneficial owner(s) request otherwise in writing. It is the intention of the that the Trustee shall have 6 the authority to invest in such ways as shall give due consideration for the theories of total return investing, modern portfolio theory, and the theory of risk and return. Accordingly, the Trustee is authorized to invest in any type of investment which plays an appropriate role in achieving the investment goals of the Trust, which investment shall be considered as part of the total portfolio. It is my specific direction that no category or type of investment shall be prohibited. I specifically do not wish to limit the universe of Trust investments in any way other than is dictated by the Trustee's exercise of reasonable care, skill, and caution. In connection with the Trustee's investment and management decisions with respect to this Trust, the Trustee is specifically entitled to take in account general economic conditions, the possible effect of inflation ~or deflation, the expected tax consequences of investment decisions or strategies, the role which each investment or course of action may play within the overall trust portfolio which may include financial assets, interests in closely held enterprises, tangible and intangible personal property, and real property; the expected total return from income and the appreciation of capital; other resources of the beneficiaries; the needs for liquidity; regularity of income and preservation or appreciation of capital; and the asset's special relationship or special value, if any, t:o the purposes of the Trust or to one or more of the beneficiaries. Nor shall my Trustee be limited to any one investment strategy or theory, including modern portfolio theory, the efficient markets theory or 7 otherwise, but shall be free to consider any appropriate investment strategy or theory under all the circumstances. The Trustee may delegate investment and management functions which a prudent person of comparable skills would properly delegate under the circumstances. Should the Trustee delegate such function, the Trustee shall exercise reasonable care, skill and caution in selecting an agent, establishing the scope and terms of the delegation consistent with the purposes and terms of the Trust, and periodically reviewing the agent's actions in order to monitor performance and compliance with the terms of the delegation. Should such delegation occur as set forth above, the Trustee who complies with the requirements for delegation shall not be liable to the beneficiaries or to the Trusts for t:he decisions and actions of the agent to which the function was delegated, but by accepting the delegation of a Trust function by the Trustee of this Trust, the agent submits to the jurisdiction of the courts of this state. The foregoing powers are intended to be in addition to the powers vested in Trustee by the provisions of Chapter 72 of Title 20 of Pa.C.S. (Prudent Investor Rule). B. To compromise any claim or controversy. C. To distribute in cash or kind or in combination thereof . D. To purchase assets from SETTLOR's estate and to lend money to SETTLOR's estate, even though TRUSTEE is also SETTLOR's personal representative. E. To hold property in his name without designation of 8 any fiduciary capacity or in the name of a nominee or unregistered. F. To repair, alter or improve any real or personal property; to borrow money, including the right to borrow money from any fiduciary hereunder, and to pledge, mortgage, or create a security interest in any property held by them as security therefor, and to make loans, secured or unsecured, for such purposes and upon such terms and conditions as the trustee may deem advisable, including loans to SETTLOR's estate, with or without interest, for any purpose whatsoever, and to exercise options of any kind. G. To subscribe for or to exercise options for stocks, bonds or other investments; to join in any plan of lease, mortgage, merger, consolidation, reorganization, foreclosure or voting trust and to deposit securities thereunder; to vote securities in person or by proxy, in such connection to delegate discretionary powers; and generally to exercise all the rights of security holders or employees of any corporation. H. TRUSTEE, generally, shall have full power and authority to exercise all rights and privileges appurtenant to any property held by it, and to execute and deliver any and all instruments which may be necessary or expedient in the exercise. of the powers granted herein. I. In making distribution of any trust, TRUSTEE is hereby granted the power to make non-prorata distribution of 9 assets in kind. J. TRUSTEE in addition to other powers granted shall have the authority to purchase life insurance on the lives of any or all beneficiaries of the trust. In addition, specific authority or power is granted to pay premiums on existing policies as well as those purchased after the creation of the trust even though said policies may not be owned by or payable to TRUSTEE as beneficiary. Premiums may be paid from the income of the trust estate or, if necessary, from Principal. K. To exercise any law-given option t.o pay death taxes in installments, the payment of interest due on such installments to be a charge against Principal. L. To exercise any law-given option to treat administrative expenses either as income tax or as estate tax deductions, without regard to whether the expenses were paid from Principal or income. M. Should the Principal of ariy trust herein provided for be or become too small in TRUSTEE's discretion so as to make establishment or continuance of trust inadvisable, TRUSTEE or SETTLOR's personal representative may make immediate distribution of the then remaining Principal and any accumulated or undistributed income outright to the person or persons and in the proportions they are then entitled to. If any such person is then a minor, distribution may be made to that person's guardian, or to a 10 person selected by the trustee to be custodian for such person until the age of twenty-one (21) years under the Pennsylvania Uniform Transfers to Minors Act. N. To receive other property of any type acceptable to the TRUSTEE, including, but not in way of limitation, life insurance proceeds, which may be devised, bequeathed, assigned, granted, conveyed or made payable to TRUSTEE by any other person, to be added to and administered in accordance with the then applicable provisions of the trust or trusts hereunder; provided, however, if more than one trust is then being administered hereunder, such other person may specify, in the instrument of transfer, among which trusts, and in what proportions such property shall be allocated. O. To treat the entire trust estate as a common fund for the purpose of investment, notwithstanding any provisions herein for division thereof into shares or separate trusts. SIXTH: TRUSTEE shall have no duty to pay any premiums on any life insurance policies subject hereto and the companies issuing such policies shall have no responsibility to see to the fulfillment of this Trust or the application o:f the proceeds of such policies and TRUSTEE shall have no duty to bring suit upon any of the life insurance policies subject hereto unless it holds funds hereunder out of which it may be indemnified against all costs, legal fees and other expenses of suit. SEVENTH: SETTLOR reserves to himself the following rights (each of which may be exercised by SETTLOR alone whenever and as 11 often as SETTLOR may wish): A. All rights now or hereafter vested in SETTLOR as the owner and the insured under any life .insurance policies subject hereto, including, but not limited to, the rights to change beneficiaries, to borrow on policies either from the issuing companies or from other institutions or other persons, to assign and pledge policies for any loan and to receive dividends and all other payments available to the owner and the insured; and B. The right by an instrument in wz•iting intended to take effect during SETTLOR's lifetime signed by SETTLOR and delivered to TRUSTEE to revoke or amend this Agreement in whole or in part provided that the duties, powers and liabilities of TRUSTEE shall not be substantially changed without its written consent. EIGHTH: Subject to the approval of TRUSTEE, anyone may add property, real or personal, to the Principal of this Trust by deed, will or otherwise. In addition, SETTLOR specifically authorizes TRUSTEE to receive property transferred into the Trust by SETTLOR's attorney-in-fact (Agent under Power of Attorney) (including transfers from TRUSTEE acting as attorney for SETTLOR). NINTH: Any CORPORATE TRUSTEE shall receive compensation for the performance of its functions hereunder in accordance with its standard schedule of fees in effect from time to time during the period over which it services are performed, provided that any increase over its schedule of fees effective upon the funding 12 hereof must be approved by SETTLOR or after SET'TLOR's death by a majority of the income beneficiaries who are living and sui juris and then entitled to receive income currently. Individual TRUSTEE shall receive reasonable compensation and appropriate reimbursement for costs, for performance of functions from time to time hereunder. TENTH: The situs of this Trust for administrative and accounting purposes shall be in the County of Cumberland, Commonwealth of Pennsylvania, and all questions pertaining to the construction or validity of the provisions of this instrument shall be governed by the laws of this Commonwealth (except for its conflicts of laws rules). Despite the foregoing, the TRUSTEE may, at any time and from time to time, change the situs of any TRUST created hereunder as the TRUSTEE in his sole discretion deems desirable for the benefit or security of this TRUST. The TRUSTEE may elect (or decline to elect) the law of a different jurisdiction and thereafter the court of such other jurisdiction shall have the power to effectuate the purposes of this instrument to such extent. The TRUSTEE may change the situs of any TRUST created hereunder, and may change the situs of one TRUST without changing the situs of other TRUSTS created hereunder. This is a continuing power which will not be exhausted by its use. The determination of the TRUSTEE as to the change of situs shall be conclusive and binding on all persons interested or claiming to be interested in any TRUST hereunder. ELEVENTH: SETTLOR's attorney, HAMILTON C. DAVIS, ESQUIRE, 13 (or should he be unable or unwilling to act, JOEL R. ZULLINGER, ESQUIRE, as the case may be), in his sole discretion, shall have the right and authority to appoint a corporate or individual Co- Trustee. Should HAMILTON C. DAVIS resign or die after the death of SETTLOR but before the termination of this Trust, he shall have the power by a written designation (including by Will) to designate a successor Trustee. IN WITNESS WHEREOF the parties hereto have executed or caused this instrument to be executed the day and date first above written. Witness: '~ l11'~tl'~~f~~~ ~~ M ~ ~ `'e~~c7 . ~!_' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Elwyn Tilden, Jr., SETTLOR 1 amilton C. Davis, RUSTEE On this, the > s~ day of ~ ~ 2000, before me, the undersigned officer, personally appeared El E. Tilden, Jr., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. IN LSLA ereunto et my hand and official seal. S ~'" On this, the 3) _ day of ~ °' 2000, before me, the undersigned officer, personally appeared milton C. Davis, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. TRINA M. BROOKENS, Notary Public Shippensburg Boro, Cumberland County ' Mr Commission Expires Mar 8,2004 N t Public COMMONW LVANIA ss. COUNTY OF CUMBERLAND . IN WITNESS WHEREOF, I ~- No ~ "~'^` ~`•'- public TRINA M. BROOKENS,Notatr Shippensburg Boro. C~1ES May 6,2004ty My Commission Exp reunto set my hand and official seal. I otary Public 14 AMENDMENT TO AGREEMENT OF TRUST ~~ THIS AMENDMENT to Trust A Bement made this ~~'~ `~ gr ~ ; _ day of June, 2005, to the certain Agreement of Trust between ELWYN E. TILDEN, JR., as SETTLOR and HAMILTON C. DAMS, as Trustee, dated May 31, 2000. WITNESSETH: WHEREAS, the Agreement between the parties hereto, dated May 31, 2000, reserved in ITEM SEVENTH thereof a right in SETTLOR by a notice in writing, signed by him and filed with the Trustee, to amend the Agreement; and WHEREAS, ELWYN E. TILDEN, JR., as SETTLOR desires to amend ITEM FIRST of the Agreement so as to provide for a modification of the disposition of the Trust Assets during the life of and upon the death of the SETTLOR, NOW, THEREFORE, it is agreed between the parties hereto that ITEM FIRST of the Agreement of Trust dated May 31, 2000, is hereby deleted and revoked in its entirety (including the prior Amendment thereto dated November 30, 2001) and by substitution is amended to read as follows: "FIRST: During the SETTLOR's lifetime, the TRUSTEE shall invest and manage the Principal as a separate trust and make distributions as follows: A. TRUSTEE shall pay from the net income therefrom to SETTLOR for and during his lifetime such periodic installments in such amounts as SETTLOR shall request, provided that if, in the opinion of TRUSTEE, SETTLOR should by reason of age, illness, or for any other cause become incapable of appropriately receiving or disbursing income TRUSTEE may then apply the net income of this trust for the support of SETTLOR to maintain him in the station of life to which he is accustomed at the creation of this trust. Any income in excess of $500.00 not disbursed hereunder or as directed by SETTLOR under ARTICLE SEVENTH or as provided for in sub-paragraph C below, shall be periodically added to Principal. B. As much of the accumulated income and Principal of this trust as TRUSTEE in TRUSTEE'S sole discretion may from time to time think advisable for the health, maintenance, and support of SETTLOR to maintain him in the station of life to which he is accustomed at the creation of this trust, or during illness or emergency, may be either paid to him or else applied directly for his benefit by TRUSTEE. C. In addition to the distributions of income, accumulated income and Principal provided for in sub-Paragraphs A and B above, TRUSTEE is authorized to pay or apply for the benefit of SETTLOR's son, HAROLD HARVEY TILDEN, and/or his wife, DENISE W. TILDEN, or the survivor of them, such sums of income, accumulated income and Principal of this trust as the TRUSTEE in TRUSTEE's sole discretion may from time to time think advisable for the health and medical care and support and maintenance in reasonable comfort of HAROLD HARVEY TILDEN and/or DENISE W. TILDEN, and for the protection and preservation of his, her, or their property, or during illness or emergency, (either to him, her, or them, or else applied directly for his, hear, or their benefit by TRUSTEE) after taking into account his, her, or their other readily available assets and sources of income. D. Upon SETTLOR's death, TRUSTEE shall, as expeditiously as is practicable, distribute all the residue and remainder of the Principal and any accumulated and undistributed income and any additions received under SETTLOR's Will or the Will of any other person or otherwise, after payment of SETTLOR's debts, taxes and administration expenses as hereinafter provided, as follows: 1. The sum of $1,000.00 to Charlotte ~"' r ~ F~ % ~~`i ,the nurse at Green Ridge Village who was so kind to and helpful with SETTLOR's late wife, Marguerite H. Tilden. Should Charlotte ~= _ ~~ ~~ .t~:~ ~. predecease SETTLOR or should the terms of her employment preclude her from actually receiving this token of SETTLOR's appreciation, this gift shall lapse. 2. The sum of $10,000.00 to Jill A. Davis, as a token of SETTLOR's gratitude for her friendship and kindness for so many years. Should Jill A. Davis predecease SETTLOR, this gift shall lapse. 3. All of the residuary balance to SETTLOR's son, HAROLD HARVEY TILDEN and his wife, DENISE W. TILDEN, or the survivor of them, outright and free of Trust, in the event that both or either of them survive the SETTLOR. 4. Should neither SETTLOR's son, IiAROLD HARVEY TILDEN, or his wife, DENISE W. TILDEN, survive SETTLOR, then the residue shall be distributed as follows: a. Twenty percent (20%) of the residuary balance to The American Bible Society, a corporation organized and existing under the laws of the State of New York, with its offices presently located at 1865 Broadway, New York, New York (hereinafter referred to as the "Society") to be used for the general purposes thereof. b. Eighty percent (80%) of the residuary balance to Presbyterian Homes, Incorporated, or its successor (s), as the TRUSTEE under a certain Agreement ofd Trust executed by SETTLOR and his wife (as the SETTLORS thereof) and said 2 TRUSTEE, dated October 22, 1986, to be added to and become part of the Trust thereby established and administered as provided in such Agreement of Trust as in effect on the date of SETTLOR's death. 5. SETTLOR hereby reminds his son, HAROLD HARVEY TILDEN, and his wife, DENISE W. TILDEN, (arid his or her personal representative, guardian, agent acting under a power of attorney or other representative) that he or she may disclaim any part or all of any gift passing to him or her hereunder or otherwise as a result of or by virtue of SETTLOR's death. In particular it may be desirable for him or her to disclaim a portion of this Trust estate (or of other property passing otherwise by reason of my death), and if he or she does so as the survivor of them or they do so collectively while both are living (either personally or by his or her personal representative, guardian or agent acting under a power of attorney) the disclaimed portion shall pass as provided for above in sub-paragraph 4, as if the person or persons disclaiming had died before SETTLOR's death. Except as modified herein, all other provisions of the Agreement of Trust dated May 31, 2000, shall remain effective as heretofore. IN WITNESS WHEREOF, SETTLOR has hereunto set his hand and seal and day and year first above written and TRUSTEE has executed this instrument. (SEAL) ELWYN E. TILDEN, JR., SETTLOR ~~~~ V~'"~ ~ ' ~~~.... (SEAL) IMILTO C. DAVIS, TRUSTEE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss On this, the ~ : , ~~ day of ~ «~~ ~ 2005 before me the undersigned officer, personally appeared ELWYN E. TILDEN, JR., known to me (or satisfactory proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto se# my hand and official sea . ~~ ~: 1! i snsr~..~~~~ur~ C.:. r; ,~.~ ~_ o ~~., Notary Public F~4ember. Penns~ivsn;®