Loading...
HomeMy WebLinkAbout07-08-11IN RE: GEORGE H. IN THE COURT OF COMMON PLEAS OF r-~ ---, ,. '' PLOUGH TRUST CUMBERLAND COUNTY, PENNSYL~I~A =-~-~ ~~' ORPHANS' COURT DIVISION ~',, ~ ~_ <'" ~~ _ -_ ;.:,`= ~.~ ` ~ `' ? PETITION TO SELL REAL ''~ .~ ~~ PROPERTY IN TRUST TO TRUSTEE OF TRUST AND NOW, comes Petitioner, the Trustee of the George H. Plough Trust, by and through BARK SCHERER, and filed this Petition to Sell Real Property In Trust to Trustee of Trust and. in support thereof, sets forth the following: 1. On July 24, 2002, George H. Plough, Settlor, executed The George H. Plough Trust Agreement, a true and correct copy of which is attached hereto and incorporated as Exhibit «A~, 2. On July 24, 2002, George H. Plough, Settlor, executed a deed of conveyance transferring fee simple title to certain real property known and numbered as 407 Greenspring Road, Newville, Cumberland County, Pennsylvania ("Real Property") to The George H. Plough Trust, a true and correct copy of which is attached hereto and incorporated as Exhibit "B". 3. George H. Plough, died June 15, 2010 and upon his death Tony Santana a/k/a Antonio Santana become the successor Trustee of The George H. Plough Trust. 4. Paragraph 4.03 of the above referenced Trust Agreement, provides that "[a]s part of the management of the Trust, the Settlor specifically intends that any Trustee shall, as a preliminary condition to the sale of the Settlor's residential real estate, unless such real estate is sold prior to the death of the Settlor, offer such real estate for purchase to Tony Santana for its assessed value less costs, fees and expenses of repairs to the residence." 5. The assessed value of the Real Property is $143,700.00, a true and correct copy of the tax assessment is attached hereto as Exhibit "C" and is incorporated by reference. 6. The Trustee obtained two estimates for the repairs to the Real Property, true and correct copies of the estimates obtained by the Trustee are attached hereto as Exhibits "D" and "E" and are incorporated by reference. 7. The sole beneficiaries under The George H. Plough Trust are all charities defined under Section 501(c)(3) of the Internal Revenue Code. The Attorney General's office has reviewed this matter and has issued a letter approving the sale of the Real Property to Tony Santana a/k/a Antonio Santana for the fair price of $78,830.93 which reflects the assessed value of $143,700.00 minus repairs of $64,869.07. A true and correct copy of the Attorney General's letter is attached hereto as Exhibit "F" and is incorporated by reference. 9. The Trustee desires to purchase the Real Property from the trust. 10. 20 Pa.C.S.A. §7133 and §3356 permit the Trustee of a Trust to purchase real property of the trust "...subject, however, to the approval of the court, and under such terms and conditions and after reasonable notice to parties in interest as it shall direct." 11. This Petition seeks approval of the court of the contemplated transaction under such terms and conditions as the court may direct. WHEREFORE, Petitioner requests this Court approve the sale of the Real Property from the trust to Antonio Santana setting such terms and conditions as the Court may direct. Respectfully submitted, Date: ~ ~ BARK SCHERER Tri a D. Nayl r, Esq I.D. # 83760 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION The statements in the foregoing Petition To Sell Real Property Of Trust To Trustee of Trust are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. DATE: /~ f / ~ ~_ _ •,~ ,. s L Antonio~Saritana CERTIFICATE OF SERVICE I hereby certify that on the day of ~;, ~ ~{ ~~, , 2011, I, Andrea M. t Ramos, secretary, for Baric Scherer LLC, did serve a copy of~the Petition to Sell Real Property in Trust to Trustee of Trust, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Save The Children Attn: Gloria J. Raymond 54 Wilton Road Westport, CT 06880 Benny Hinn Ministries P.O. Box 162000 Irving, TX 75016 Gods News Behind The News Attn: Kay Vankoeuring 4354 First Avenue North St. Petersburg, FL 33713 Hagerstown Rescue Mission Attn: Becky Shank P.O. Box 685 Hagerstown, MD 21741 Life For Today Attn: Vaughn Peak P.O. Box 982000 Ft. Worth, TX 76182 John L. Downing, Deputy Attorney General Charitable Trust And Organizations Section Office Of Attorney General 14'" Floor, Strawberry Square Harrisburg, Pennsylvania 17120 John Hagee Ministries Attn: Mark Dwyer 239 N. Loop 1604 West San Antonio, TX 78232 Life Outreach International Attn: Vaughn Peak P.O. Box 982000 Ft. Worth, TX 76182 Jack Van Impe Ministries Attn: Willia Derenge P.O. Box 7004 Troy, MI 48007 -- ~~ Andrea M. amos`'~ THE GEORGE H. PLOUGH TRUST T AGREEMENT is executed in tri licate on this~7 " `day of July, 2002, by THIS TRUS p and between GEORGE H. PLOUGH, now of 407 Greenspring Road, Newville, Cumberland County, Pennsylvania, 17241 (hereinafter called "Settlor") and GEORGE H. PLOUGH, now of 407 Greenspring Road, Newville, Cumberland County, Pennsylvania, 17241 (hereinafter called "Trustee"). ARTICLE I. TRUST ESTATE 1.01. Initial Principal. Settlor, desiring to establish a revocable trust, does hereby revocably transfer, assign and deliver to the Trustee and its successors, and assigns the assets listed on Schedule A, attached hereto and made a part hereof. As further evidence of such assignment, the Settlor has executed or will execute or cause to be executed such other instruments as may be required for the purposes of completing the assignment or transfer of title to such property to the Trustee. The Trustee accepts such transfer and assignment to himself as Trustee, and undertakes to hold, manage, invest and reinvest the assets of this Trust, and to distribute the income and principal of the Trust in accordance with the provisions of this Agreement. 1.02. Additional Principal. The Settlor and any other person or persons, with the consent of the Trustee, shall have the right at any time to make additions to the corpus of this Trust or any share thereof hereby established. All such additions shall be held, governed, and distributed by the Trustee in accordance with the terms and conditions of this Agreement. The Trustee, in its sole discretion, may require, as a prerequisite to accepting property, that the transferring parry provide evidence satisfactory to the Trustee that (i) the property is not contaminated by any hazardous or toxic materials or substances; and (ii) the property is not being used and has never been used for any activities directly or indirectly involving the generation, use, treatment, storage, disposal, release or discharge of any hazardous or toxic materials or substances. 1.03. Disclaimer. The Trustee shall have the right to disclaim, in whole or in part, prior to its acceptance by the Trustee, any interests in property for any reason, including but not limited to a concern that such property could cause potential. liability under any federal, state, or local environmental law. ARTICLE II. REVOCABILITY OF TRUST 2.01. Revocability. Settlor has been advised of the consequences of a revocable trust and hereby declares that this Trust shall be revocable and may or may not be altered, amended, revoked, or terminated by Settlor. ARTICLE III. LIFE INSURANCE POLICIES 3.01. General Provisions. If any insurance policies are transferred into this Trust, the Trustee shall be vested with all right, title, and interest in and to the transferred policies of insurance, and is authorized and empowered to exercise and enjoy, for the purposes of the Trust herein created and as absolute owner of such policies of insurance, all the options, benefits, rights and privileges under such policies, including the right to borrow upon and to pledge them for a loan or loans. The Trustee takes all rights, title, and interest in and to the above stated insurance policies subject to any prior split-dollar life insurance agreement and assignments, which may be in effect at the time of transfer. The insurance companies which have issued policies are hereby authorized and directed to recognize the Trustee as absolute owner of such policies of insurance and as fully entitled to all options, rights, privileges, and interests under such policies, and any receipts, releases, and other instruments executed by the Trustee in connection with such policies shall be binding upon all persons interested in this Trust. The Settlor hereby relinquishes all rights, title, interest and powers in such policies of insurance which Settlor may own and which rights, title, interest and powers are not assignable, and will, at the request of the Trustee, execute all other instruments reasonably required to effectuate this relinquishment. 3.02. Payment of Premiums. The Trustee shall be under no obligation to pay the premiums which may become due and payable under the provisions of any policy of insurance which may be transferred or assigned to this Trust, or to make certain that such premiums are paid by the transferor of such policy, or to notify any persons of the nonpayment of such premiums, and the Trustee shall be under no responsibility or liability of any kind in case such premiums are not paid, except the Trustee shall apply any dividends received on such policies to the payment of premiums thereon. Upon notice at any time during the continuance of this Trust that the premiums due upon such policies are in default, or that premiums which will become due will not be paid, either by the transferor or by any other person, the Trustee, within his sole discretion, may apply any cash values attributable to such policy to the purchase of paid-up insurance or of extended insurance, or may borrow upon such policy for the payment of premiums due thereon, or may accept the cash values of such policy upon the policy's forfeiture. In the event that the Trustee receives the cash value of such policy upon its forfeiture for nonpayment of premiums, the amount received shall be added to the corpus of this Trust, and shall be administered according to the terms of this Agreement. If the insured under such policies of insurance, becomes totally and permanently disabled within the meaning of any policies and because thereof the payment of premiums, or any of them, shall during the pendency of such disability, be waived, the Trustee, upon receipt of such knowledge, shall promptly notify the 2 insurance company which has issued such policies, and shall take any and all steps necessary to make such waiver of premium provision effective. 3.03. Duties of Trustee With Regard to Life Insurance Policies. The Trustee shall be under no obligation or duty whatever except with respect to the safekeeping of such policies of insurance and the duty to receive such sums as may be paid to them, in accordance with the requirements of this Trust, by the companies issuing such policies, and to hold, manage and disburse such proceeds subject to the terms of this Agreement. Upon the death of the insured, the Trustee shall make reasonable efforts to carry out the provisions of this Agreement, including the maintenance or defense of any suit, provided, however, the Trustee shall be under no duty to maintain or enter into any litigation unless his expenses, including counsel fees and costs, have been advanced or guaranteed in an amount and in a manner reasonably satisfactory to the Trustee. The Trustee may repay any advances made by him or reimburse himself for any such fees and costs from any corpus or income of this Trust. ARTICLE IV. TRUST DISTRIBUTIONS 4.01. Trust Principal. The entire corpus of this Trust, including the assets initially transferred to this Trust, subsequent additions to this Trust, and the proceeds of any sale, exchange or investment of such Trust assets, shall be used for the purposes herein contained. 4.02. Income Distribution. During the Settlor's lifetime, the Trustee shall distribute all of the net income of the trust to, or for the benefit of the Settlor, GEORGE H. PLOUGH The Trustee may make distributions of principal to GEORGE H. PLOUGH as the Settlor may request or, if the Settlor is unable to request a distribution, so much as the Trustee may deem necessary and appropriate to maintain the standard of living to which the Settlor has become accustomed. 4.03. Principal Distributions. Upon the death of the Settlor, GEORGE H. PLOUGH, the Trust shall terminate. Upon termination of the Trust, the remaining Trust estate shall be held, IN FURTHER TRUST, with the Trustee distributing the proceeds of the Trust estate in as equal shares as possible over a five (5) year period beginning one (1) year from the date of death of the Settlor until entirely distributed. The Trustees shall have complete discretion in the manner with which they determine the value of each distribution, but shall, in any event, complete the total distribution of this trust within five (5) years of the death of the Settlor. Each such distribution shall be distributed to the beneficiaries according to their shares as identified on Schedule "B" attached hereto, as may be amended from time to time, provided that any beneficiary on Schedule "B" must be a charity as that term is defined under the Code, section 501(c)(3), and provided further that such charity shall not be the Commonwealth of Pennsylvania, or any of its agencies or subdivisions, the United States of America, or any of its agencies or subdivisions, nor any other charity, institution or organization which provides services to the Settlor. The Settlor specifically prohibits the designation of a nursing facility as a designated charity. As part of the management of the Trust, the Settlor specifically intends that any Trustee shall, as a preliminary condition to the sale of the Settlor's residential real estate, unless such real estate is sold prior to the death of the Settlor, offer such real estate for purchase to TONY SANTANA for its assessed value less costs, fees and expenses of repairs to the residence. If TONY SANTANA fails to purchase such property under such terms, then it may be sold as the Trustee may deem commercially appropriate. 4.04. General Power of Appointment. [THIS ARTICLE IS INTENTIONALLY LEFT BLANK AT THE REQUEST OF THE SETTLOR.] ARTICLE V. POWERS OF TRUSTEE 5.01. General Powers. In addition to such other powers and duties as may have been granted elsewhere in this Trust, but subject to any limitations contained elsewhere in this Trust, the Trustee shall have the following powers and duties: A. In the management, care and disposition of this Trust, the Trustee shall have the power to do all things and to execute such deeds, instruments, and other documents as may be deemed necessary and proper, including the following powers, all of which may be exercised without order of or report to any court: (1) To sell, exchange, or otherwise dispose of any property, real, personal or mixed, wheresoever located, at any time held or acquired hereunder, at public or private sale, for cash or on terms as may be determined by the Trustee, without advertisement, including the right to lease for any term notwithstanding the period of the Trust, and to grant options, including an option for a period beyond the duration of the Trust. (2) To invest and reinvest all or any part of the Trust Estate in any common or preferred stocks, shares of investment trusts and investment companies, bonds, debentures, mortgages, deeds of trust, mortgage participations, notes, real estate, or other property the Trustee, in the Trustee's discretion, selects; provided that the Trustee may not invest in any stock or securities issued by the corporate Trustee or issued by a parent or affiliate company of such Trustee; in the manner that, under the circumstances then prevailing (specifically including, but not limited to, the general economic conditions and the anticipated needs of the Trust and its beneficiaries), persons of skill, prudence, and diligence, acting in a similar capacity and familiar with those matters would use in the conduct of an enterprise of similar character and similar aims, to attain the Settlor's goals under this trust agreement. (3) To retain for investment any property deposited with the Trustee 4 hereunder. (4) To vote in person or by proxy any corporate stock or other security and to agree to or take any other action in regard to any reorganization, merger, consolidation, liquidation, bankruptcy or other procedure or proceedings affecting any stock, bond, note or other security held by this Trust. (5) To use lawyers, real estate brokers, accountants and any other agents, if such employment is deemed necessary or desirable, and to pay reasonable compensation for their services. (6) To compromise, settle or adjust any claim or demand by or against the Trust and to agree to any rescission or modification of any contact or agreement affecting the Trust. (7) To renew any indebtedness, as well as to borrow money, and to secure the same by mortgaging, pledging or conveying any property of the Trust, including the power to borrow from the Trustee (in the Trustee's individual capacity) at a reasonable rate of interest. (8) To retain any business interest transferred to the trustee, as shareholder, security holder, creditor, partner or otherwise, for any period of time whatsoever, even though the interest may constitute all or a large portion of the trust principal; to comply with the provisions of any agreement restricting transfer of the interest; to participate in the conduct of the related business or rely upon others to do so, and to take or delegate to others discretionary power to take any action with respect to its management and affairs which an individual could take as outright owner of the business or the business interest, including the voting of stock (by separate trust or otherwise regardless of whether that separate trust will extend for a term within or beyond the term of the trust) and the determination of all questions of policy; to execute and amend partnership agreements; to participate in any incorporation, reorganization, merger, consolidation, sale of assets, recapitalization, liquidation or dissolution of the business, or any change in its nature, or in any buy-sell, stock restriction, or stock redemption agreements; to invest in additional stock or securities of, or make secured, unsecured, or subordinated loans to, the business with trust funds; to take all appropriate actions to prevent, identify, or respond to actual or threatened violations of any environmental law or regulation thereunder; to elect or employ with compensation, as directors, officers, employees, or agents of the business, any persons, including a trustee of any trust held under this instrument, or any director, officer, employee, or agent of a corporate trustee of any trust held under this instrument, without adversely affecting the compensation to which that trustee would otherwise be entitled; to rely upon reports of certified public accountants as to the operations and financial condition of the business, without independent investigation; to deal with and act for the business in any capacity (including in the case of a corporate trustee any banking or trust capacity and the loaning of money out of the trustee's own funds) and to be compensated therefor; and to sell or liquidate the business or any interest in the business. (9) To register any stock, bond or other security in the name of a nominee, without the addition of words indicating that such security is held in a fiduciary capacity, but accurate records shall be maintained showing that the stock, bond or other security is a trust asset and the Trustee shall be responsible for the acts of the nominee. (10) To set aside as a separate trust, to be held and administered upon the same terms as those governing the remaining trust property, any interests in property, for any reason, including but not limited to a concern that such property could cause potential liability under any federal, state, or local environmental law. B. Whenever the Trustee is directed to distribute any trust principal in fee simple to a person who is then under twenty-one (21) years of age, the Trustee shall be authorized to hold such property in trust for such person until he becomes twenty-one (21) years of age, and in the meantime shall use such part of the income and the principal of the trust as the Trustee may deem necessary to provide for the proper support and education of such person in the standard of living to which he has become accustomed. If such person should die before becoming twenty-one (21) years of age, the property then remaining in trust shall be distributed to the personal representative of such person's estate. C. In making distributions from the Trust to or for the benefit of any minor or other person under a legal disability, the Trustee need not require the appointment of a guardian, but shall be authorized to pay or deliver the distribution to the custodian of such person, to pay or deliver the distribution to such person without the intervention of a guardian, to pay or deliver the distribution to the legal guardian of such person if a guardian has already been appointed, or to use the distribution for the benefit of such person. D. In the distribution of the Trust and any division into separate trusts and shares, the Trustee shall be authorized to make the distribution and division in money or in kind or in both, regardless of the basis for income tax purposes of any property distributed or divided in kind, and the distribution and division made and the values established by the Trustee shall be binding and conclusive on all persons taking hereunder. The Trustee may in making such distribution or division allot undivided interests in the same property to several trusts or shares. E. If at any time after Settlor's death the total fair market value of the assets of any trust established or to be established hereunder is so small that the corporate Trustee's annual fee for administering the trust would be equal to or less that the minimum annual fee set forth in the 6 Trustee's regularly published fee schedule, then the Trustee in his discretion shall be authorized to terminate such trust or to decide not to establish such trust, and in such event the property then held in or to be distributed to such trust shall be distributed to the persons who are then or would be entitled to the income of such trust. If the amount of income to be received by such persons is to be determined in the discretion of the Trustee, then the Trustee shall distribute the property among such of the persons to whom the Trustee is authorized to distribute income, and in such proportions, as the Trustee in his discretion shall determine. F. The Trustee shall be authorized to lend or borrow, including the right to lend to or borrow from the Settlor's estate, at an adequate rate of interest and with adequate security and upon such terms and conditions as the Trustee shall deem fair and equitable. G. The Trustee shall be authorized to sell or purchase, at the fair market value as determined by the Trustee, any property to or from Settlor's estate, or any trust created by Settlor during life or by will, even though the same person or corporation may be acting as executor of Settlor's estate or as trustee of any other such trusts and as the Trustee of this Trust. H. The Trustee shall have discretion to determine whether items should be charged or credited to income or principal or allocated between income and principal as the Trustee may deem equitable and fair under all the circumstances, including the power to amortize or fail to amortize any part or all of any premium or discount, to treat any part or all of the profit resulting from the maturity or sale of any asset, whether purchased at a premium or at a discount, as income or principal or apportion the same between income and principal, to apportion the sales price of any asset between income and principal, to treat any dividend or other distribution on any investment as income or principal or to apportion the same between income or principal, to charge any expense against income or principal or apportion the same, and to provide or fail to provide a reasonable reserve against depreciation or obsolescence on any asset subject to depreciation or obsolescence, all as the Trustee may reasonably deem equitable and just under all of the circumstances. 5.02. Actions and Voting by Trustee. When the authority and power under this Trust is vested in two (2) or more Trustees or Co-Trustees, the authority and powers are to be jointly by the Trustees or Co-Trustees. A majority of the Trustees or Co-Trustees may exercise any authority or power granted under this Trust Agreement or granted by law, and may act on behalf of the Trust. Any attempt by one such Trustee to act for the Trust on other than ministerial acts shall be void. The action of one such Trustee on behalf of the Trust may be (but need not be) validated by a subsequent ratification of the act by a majority of the Trustees or Co-Trustees. 5.03. Trustees Power to Deal with Environmental Hazards. The Trustee shall have the power to use and expend the trust income and principal to (i) conduct environmental assessments, audits, and site monitoring to determine compliance with any environmental law or regulation thereunder; (ii) take all appropriate remedial action to contain, clean up or remove any environmental hazard including a spill, release, discharge or contamination, either on his own 7 accord or in response to an actual or threatened violation of any environmental law or regulation thereunder; (iii) institute legal proceedings concerning environmental hazards or contest or settle legal proceedings brought by any local, state, or federal agency concerned with environmental compliance, or by a private litigant; (iv) comply with any local, state or federal agency order or court order directing an assessment, abatement or cleanup of any environmental hazards; and (v) employ agents, consultants and legal counsel to assist or perform the above undertakings or actions. Any expenses incurred by the trustee under this paragraph may be charged against income or principal as the trustee shall determine. ARTICLE VI. SPENDTHRIFT PROVISION 6.01. General Provision. No beneficiary shall have the power to anticipate, encumber or transfer his interest in the Trust Estate in any manner other than by the valid exercise of a Power of Appointment. No part of the Trust Estate shall be liable for or charged with any debts, contracts, liabilities or torts of a beneficiary or subject to seizure or other process by any creditor of a beneficiary. ARTICLE VII. CONSTRUCTION OF TRUST 7.01. Choice of Law. This Trust shall be administered and interpreted in accordance with the laws of the Commonwealth of Pennsylvania. 7.02. Code. Unless otherwise stated, all references in this Trust to section and chapter numbers are to those of the Internal Revenue Code of 1986, as amended, or corresponding provisions of any subsequent federal tax laws applicable to this Trust. 7.03. Other Terms. Unless the context otherwise requires, the use of one or more genders in the text includes all other genders, and the use of either the singular or the plural in the text includes both the singular and the plural. 7.04. Cations. The captions set forth in this Agreement at the beginning of the various divisions hereof are for convenience of reference only and shall not be deemed to define or limit the provisions hereof or to affect in any way their construction and application. 7.05. Situs of Trust. The Trust shall have its legal situs in Cumberland County, Pennsylvania. ARTICLE VIII. COMPENSATION OF TRUSTEE AND APPOINTMENT OF SUCCESSOR TRUSTEE 8.01. Compensation. The Trustee shall receive as his compensation for the services performed hereunder that sum of money, based on an hourly charge or percentage rate, which the Trustee normally and customarily charges for performing similar services during the time which he performs these services. 8.02. Removal of Trustee. Settlor may remove the Trustee, at any time or times, with or without cause, upon thirty (30) days written notice given to the current Trustee. Upon the death of the Settlor, a majority of the current beneficiaries may remove the Trustee, at any time or times, with or without cause, upon thirty (30) days written notice given to the Trustee. Upon the removal of the Trustee, a successor Trustee shall be appointed in accordance with the terms set forth in Paragraph 8.03. 8.03. Appointment of Successor Trustee. "The Trustee may resign at any time upon thirty (30) days written notice given to the Settlor if Settlor is living, or in the event of Settlor's death, upon thirty (30) days written notice given to the current beneficiary or beneficiaries (including a beneficiary's natural or legal guardian or legal representative), hereunder. Upon the death, resignation, removal or incapacity of the Trustee, a successor trustee may be appointed by the Settlor during Settlor's lifetime, or, after Settlor's death, by a majority of the current income beneficiaries. The successor Trustee shall be TONY SANTANA. If TONY SANTANA resigns, then REBECCA CLUGSTON shall serve as the successor Trustee. Any successor trustee thus appointed, or, if a corporate trustee is appointed, the Trustee shall merge with or be consolidated with another corporate fiduciary, then such corporate fiduciary, shall succeed to all the duties and to all the powers, including discretionary powers, herein granted to the Trustee. 8.04. Exoneration of Trustee. No Trustee shall be liable for any loss or depreciation in value sustained by the Trust as a result of the Trustee retaining any property upon which there is later discovered to by hazardous materials or substances requiring remedial action pursuant to any federal, state, or local environmental law, unless the Trustee contributed to the loss or depreciation in value through willful default, willful misconduct, or gross negligence. 8.05. Indemnification of Trustee Upon Distribution. Notwithstanding any contrary provision in this Trust Agreement, the Trustee may withhold a distribution to a beneficiary until receiving from the beneficiary an indemnification an agreement in which the beneficiary agrees to indemnify the Trustee against any claims filed against the Trustee as an "owner" or "operator" under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as from time to time amended, or any regulation thereunder. ARTICLE IX. PERPETUITIES CLAUSE 9.01. General Provision. Notwithstanding anything to the contrary in this Trust, each disposition the Settlor has made here, legal or equitable, to the extent it can be referred in its postponement of becoming a vested interest to a duration measured by some life or lives in being at the time of the Settlor's death is definitely to vest in interest, although not necessarily in possession, not later that twenty-one (21) years after such lives (and any period of gestation involved); or, to the extent it cannot be referred in any such postponement to such lives, is to so 9 vest not later than twenty-one (21) years from the time of the Settlor's death. ARTICLE X. ACQUISITION OF UNITED STATES TREASURY BONDS ELIGIBLE FOR TAX PAYMENT; PAYMENT OF TAXES, FUNERAL EXPENSES, AND EXPENSES OF ADMINISTRATION 10.01. Acquisition of Bonds. The Trustee may, at any time, without the prior approval or direction of the Settlor and whether or not the Settlor is able to manage Settlor's own affairs, acquire United States Treasury Bonds selling at a discount, which bonds are redeemable at their par value plus accrued interest thereon for the purposes of applying the proceeds to the payment of the United States estate tax on the Settlor's estate; and the Trustee may borrow from any lender, including itself, with or without security, to so acquire these bonds. 10.02. Payment of United States Estate Tax by Bond Redemption. The Settlor directs that any United States Treasury Bonds which may be redeemed at their par value plus accrued interest thereon for the purpose of applying the proceeds to the payment of the United States estate tax imposed on the Settlor's estate, and which are held by the Trustee, shall, to the extent of the amount determined to be required for payment of the estate tax, be distributed to the legal representative of the Settlor's estate to be used by the legal representative ahead of any other assets and to the fullest extent possible to pay the estate tax. 10.03. Pa went of Death Taxes and Other Estate Settlement Costs. After the Trustee has complied with paragraph 10.02, abo ent ofthe Unit d St tes estate~axr the Trustee shall also such bonds have been redeemed m paym ascertain from the legal representative whether the legal representative has sufficient assets to pay the remaining legacy, succession, inheritance, transfer, estate and other death taxes or duties (except the additional estate tax imposed by Section 2032(c), or corresponding provisions of the Internal Revenue Code of 1986 applicable to the Settlor's estate and imposing the tax) levied or assessed against the Settlor's estate (including all interest and penalties thereon), all of which taxes, interest and penalties are hereaft stee that insufficientdfundsaexist to pay all the death taxes, the legal representative advises the Tru interest and penalties, the Trustee shall then pay to the legal representative from the trust property, an amount equal to all the death taxes, interest and penalties in excess of the funds available to the legal representative fonts the Trpustee shall useaonly thoseeasoset or their proceeds apportionment. In making the payme , which are includable in the Settlor's gross estate for purposes of the United States estate tax and shall not impair the marital portion without first exhausting the entire non-marital portion. If the Executor of the Settlor's estate, in such Executor's sole discretion, shall determine that appropriate assets of Settlor's estate are not available in sufficient amount to pay (1) the Settlor's funeral expenses, and (2) expe Settlor's estate,tcon gibute from the princ pal of the t sell, upon the request of the Executor of the 10 estate the amount of such deficiency; and in connection with any such action the Trustee shall rely upon the written statement of the Executor of the Settlor's estate as to the validity and correctness of the amounts of any such expenses, and shall furnish funds to such Executor so as to enable such Executor to discharge the same, or to discharge any part of all thereof itself by making payment directly to the person entitled or claiming to be entitled to receive payment thereof. No consideration need be required by the Trustee from the Executor of Settlor's estate for any disbursement made by the Trustee pursuant hereto, nor shall there be any obligation upon such Executor to repay to the Trustee any of the funds disbursed by it hereunder, and all amounts disbursed by the Trustee pursuant to the authority hereby conferred upon it shall be disbursed without any right in or duty upon the Trustee to seek or obtain contribution or reimbursement from any person or property on account of such payment. The Trustee shall not be responsible for the application of any funds delivered by it to the Executor of the Settlor's estate pursuant to the authority herein granted, nor shall the Trustee be subject to liability to any beneficiary hereunder on account of any payment made by it pursuant to the provisions hereof. IN WITNESS WHEREOF, the Settlor and Trustee have hereunto set their hands and seals as of the day and year first above written. (SEAL) :GEO + H. PL G + TTLOR COMMONWEALTH OF PENNSYLVANIA . SS: COUNTY OF CUMBERLAND On this, the 2r day of July, 2002, before me, a Notary Public, the undersigned officer, personally appeared GEORGE H. PLOUGH, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Trust Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have set my hand and official Seal. 4 r otary Public My Commission Expires: .~. Notarial Seal n~N.. Teri L. Walker, Notary Public Lemoyne Boro, Cumberland County My Commission Expires Jan. 20, 2003 Member, Pennsylvania Association of Notaries 11 The foregoing Trust Agreement was delivered, and is hereby accepted, at Lemoyne, Pennsylvania, on July ~, 2002. WITNESS: ~T . ~~~~ SEAL) FOR . PLOU , T TEE 12 SCHEDULE"A" SCHEDULE REFERRED TO IN THE ANNEXED TRUST AGREEMENT DATED: JULY Z-~ , 2002 FROM GEORGE H. PLOUGH, SETTLOR TO GEORGE H. PLOUGH, TRUSTEE PROPERTY DESCRIPTION: 1. Certain investment accounts identified as: 2. Certain Real Estate identified as: ALL THAT CERTAIN tract of land situate in North Newton Township, Cumberland County, Pennsylvania, bounded and described pursuant to compass survey of 1961, as follows: BEGINNING at a point in the center of State Highway Route No. 641; thence by land being retained by the Grantors, North 10 degrees 35 minutes West 230 feet to an iron pin; thence by the same, North 79 degrees 30 minutes East 110 feet to an iron pin; thence by land now or formerly of Norman W. Eichelberger and wife, South 10 degrees 35 minutes East 230 feet to a point in the center of the State Highway aforesaid; thence by the center of said Highway, South 79 degrees 30 minutes West 110 feet to the Place of BEGINNING. CONTAINING .58 Acre, more or less. BEING the same premises which John F. Stamy, Jr. and Mary E. Stamy, his wife, by their deed dated July 22, 1961 and recorded in the Recorder of Deeds Office in and for Cumberland County, in Deed Book G20, Page 579, granted and conveyed unto George H. Plough, 13 SCHEDULE"B" SCHEDULE REFERRED TO IN THE ANNEXED TRUST AGREEME+ NT DATED: JULY°~~~(,~ 2002 FROM GEORGE H. PLOUGH, SETTLOR TO GEORGE H. PLOUGH, TRUSTEE -- ..__..__..~_r.,.__-__. _._____M_.._.,~_._..__.,...,..-.._~.._._____~~..~.-- -__.____~____.-_~.a.-- Desi n~ah'o--n of Reeiuiea# Charities Pursuant to the power reserved by the Settlor under Paragraph 4.03, each beneficiary on this Schedule B is a charity as that term is defined under Section 501(c)(3) of the Code, and is not the Commonwealth of Pennsylvania, or any of its agencies or subdivisions, the United States of America, or any of its agencies or subdivisions, nor any other charity, institution or organization which provides services to the Settlor. None of the designated charities is a nursing facility. Revocable Allocation: ONE-EIGHTH (!l 8th) to Jack Van Imoe Mir'°*'~°c *^ ~' °~~ in tl~e discre tion of its ov rnin bod . O~dE-EIGHTH / ll8th) to ~'•i'~ r `I $1?`'M~~to be used in the discretion of its g ' oye~n, ing ~__~_.~ST---- body ~ ~ hE.Q ONE-EIGHTH ~ l/8th to Gods News Behind the News to be 4ise.~~in tl~ di scretion of its overnin bod . ONE-EIGHTH ( 1lSth~ to John Hasee Ministries to be used in tllg• discretio n of its vernin bod . ONE-EIGHTH (Il8th) to i~se-iJnie Hinn Ministries to be ~~~ in the discreti on of its eovernina bodv - ONE-E GHTH (I /8thl to Haggrsto Union Rescue Mission to be used in the Aic~reti~n of its govetnin¢ body. ONE-EIGHTH (l l8th) to I ife Outreach International to be~sed___ in the _ discretion of its aovernin¢ body - UNE-EIGHTH tl/8th1 to ~~~-f3 the Children to be used on the discretion o f its aovernin~ bod . 14 3 ~ ~~ ~ . Lj~C ~ ~ `'~~T P. ZtEGLER ..- ~t~RDER OF DEEDS TAX PARCEL NO. 30-08-0593-030 ~ "" R LA N D C 0 U N T Y- E~,~, NORTH NEWTON TOWNSHIP " t; 2 ~~~~ ~ I ~~ 1 ~ ~ 8 DEED THIS DEED is made the 24`~ day of July, in the year two thousand two (2002}. BETWEEN GEORGE H. PLOUGH, a single man, now of 407 Greenspring Road, Newville, Cumberland County, Pennsylvania, 17241, party of the first part, GRANTOR, AND GEORGE H. PLOUGH, Trustee of THE GEORGE H. PLOUGH TRUST, dated July 24, 2002, now of 407 Greenspring Road, Newville, Cumberland County, Pennsylvania 17241 ,party of the second part, GRANTEE. WITNESSETH, that said party of the first part, for and in consideration of the sum of One ($1.00} Dollar, lawful money of the United States of America, well and truly paid by the said parry of the second part to the said party of the first part, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, has hereby granted, bargained, sold, aliened, enfeoffed, released, conveyed and confirmed, and by these presents daes grant, bargain, sell, alien, enfeoff, release, convey and confirm unto the said party of the second part, his heirs, successors and assigns, ALL THAT CERTAIN tract of land situate in North Newton Township, Cumberland County, Pennsylvania, bounded and described pursuant to compass survey of 1961, as follows: BEGINNING at a point in the center of State Highway Route No. 641; thence by land being retained by the Grantors, North 10 degrees 35 minutes West 230 feet to an iron pin; thence by the same, North 79 degrees 30 minutes East 110 feet to an iron pin; thence by land now or formerly of Norman W. Eichelberger and wife, South 10 degrees 35 minutes East 230 feet to a point in the center of the State Highway aforesaid; thence by the center of said Highway, South 79 degrees 30 minutes West 1 I O feet to the Place of BEGINNING. CONTAINING .58 Acre, more or less. BEING the same premises which John F. Stamy, Jr. and Mary E. Stamy, his wife, by their deed dated July 22, 1961 and recorded in the Recorder of Deeds Office in and for Cumberland County, in Deed Book G20, Page 579, granted and conveyed unto George H. Plough, Grantor herein. THIS IS A TRANSFER FOR NOMINAL CONSIDERATION TO THE TRUSTEE OF A LIVING TRUST AND IS THEREFORE EXEMPT FROM THE PAYMENT OF REALTY TRANSFER TAX. TOGETHER with all and singular the buildings and improvements, ways, streets, alleys, driveways, passages, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted premises belonging, or in any wise appertaining, and the reversions `'~:~' ~ t~~ PAGE4s3~ and remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, property, claim, and demand whatsoever of the said Grantor, as well at law as in equity, of, in, and to the same. TO HAVE AND TO HOLD, the said lot or piece of ground above-described, with all and singular the buildings and improvements thereon erected, hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantee, his heirs and assigns, to and for the only proper use and behoof of the said Grantee, his heirs and assigns forever. AND the said Grantor, for himself, his heirs, executors and administrators, does covenant, promise and agree, to and with the said Grantee, his heirs and assigns, by these presents, that he, the said Grantor, and his heirs, all and singular the hereditaments and premises hereby granted or mentioned and intended so to be, with the appurtenances, unto the said Grantee, his heirs and assigns, against him, the said Grantor and his heirs, and against all and every person and persons whomsoever lawfully claiming or to claim the same or any part thereof, by, from or under him, her, them or any of them, shall and will, subject as aforesaid, SPECIALLY WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand and seal, the day and year first above-written. SIGNED, SEALED AND DELIVERED iN THE PRESENCE OF O H. PLOUG COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND On this, thep~Td y of July, 2002, before me, a Notary Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared GEORGE H. PLOUGH, 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 purpose therein contained. __..~.,~r.~.,~,..:_ IN WITNESS WHEREOF, I hereunto set d an(d(off~icia~l seal. ~.,~,LlL.J CJ Notary Public My Commission Expires: Notarial Seal Teri L. Walker, Notary Public Lemoyne Boro, Cumberland Counttyy My Commission Expires Jan, 20, 20b3 Member, Pennsylvania Asaocietion of Notaries ~~,,,K ~S2 PAGE46~'~% COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: RECORDED in the Office for Recording of Deeds, etc., in and for said County, in Deed Book No. ,Page WITNESS my hand and official seal this day of 2002. Recorder of Deeds CERTIFICATE OF RESIDENCE I hereby certify that the present residence of the Grantee herein is as follows: George H. Flough ,~ Trustee of the George H. Plough Trust, Dated July? ~; 2002 407 Greenspring Road Newville, PA 17241 RETURN DEED TO: George H. Plough ,~ Trustee of the George H. Plough Trust, Dated Jule, 2002 407 Greenspring Road Newville, PA 17241 Attorney o Grantee 1 (,"~~r~IiCy lhis tc~ be rccor~ed I~t C'u~i~berl~~nd Co~mty P.A ` . ;. (' :~. ~~~--f~~ iiccc~rder ~f Dceds ~`~`;_; X52 PAGE46: ~ Rev-isa ex (e.oe1 RECORDER'S USE ONLY eti +~- . i REALTY TRANSFER TAX ~ ., `'~ COMMONWEALTH of PENNSYLVANIA STATEMENT OF VALUE DEPANTMENT OF REVENUE ~ autlet-u oP tttwvttwAl xwxss H,ulaI3iURG, iso-oew Ste Rewn~ fox Instructions °~ I ~ ~ ~ Complete wch section and File in dupllwte with Recorder of Deedsti when (lithe full volw(rostsideraNon is not set forth in the deed, (2) when the dead is wRhout consideration, or by gift, or (3j a tax exemption is dotmed. A Statement of Valve is not required if tine transfer is wholly exempt from tax bored on• {1) family nlatlonship or (2} public utility easement. If more span is needed attach additional sheet{s}. A CORRESPONDENT -All ilnguiri~s may be dinti:tod to the following person: Name Tal.piwna Number: Crai A. Hatch, Es Area coda l 717 ~ 731-9600 5 t(N3 M ,mma Road. Suite 100 L oyne sit. PA P 17043 B TRANSFER DATA '°"°" "t 7!24/02 ,MOr{eynueor{= M•• •~•• = eorge ou-g , rue ee o Geor a H. Plou h The George H. Plough Trust Stray A tees 407 Greens tin Road ast rw 407 Greenspring Road ' tats to» v Newville, PA 17241 Newville, PA 17241 C PROPERTY LOCATION 407 Greenspring Road Cumberland ~ VAI.llAT1~N DYTA ]00% i }uc~"ia I 2. CMek Appropriote Box Below for 6xenepHaa CIaimexf ^ Wi11 or intestate succession Nance De EMaM ^ Tronsfar to Industrial Development Agsnry. ® Tronshr to a trust. (Attach complete copy of trust ogrsemant identifying all beneficiaries.} ^ Transfer between principal and agent. (Attach romplsfe ropy of agency(siraw early ogresment.) ^ Transfers to the Commonwealth, the United States and Instrumentalities by gih, dedication, condemnation or in lieu of condemnation. (If condemnation or in live of condemnation, attach copy of resolution.) ^ Transfer from mortgagor to o holder of a mortgage in default. Mortgage Sook Number ,Page Number ^ Corrective or eoetfirtnatory deed. (Attach complete ropy of the prior dwd being corrected or ronrtrmed.) ^ Statutory corporate consolidation, merger or division. (Attach copy of amides.) [~ Other (Please explain exemption claimed, iF other than li:ted above.) This is a transfer to a Trustee of a Living Trust and is therefore exempt from the payment of Realty Transfer Tax. p2 P.S. Section 8102-C.3(8.i)] Under penalties of law, f deefan that I haw examined th4 Stnteeneat, ineiudissp eoaempaayinR Iniermation, and to Nse beat of srry kstowledoe assd beliefr tt Is tees, aerreet and complete. -arty Dare /~/Q Z FAIWRE TQ MPLEfE THtS FORM PROPERLY OR ATTACH APPLICAI6LE DCtCiJMENTATION MAY RESULT IN THE RECOitDER'S REFUSAL TO RK IE E DEED. n~ ` .. , ",, ..K ~~2 PdGE463 North Newton T Spring School District ~ 30-OS-0593-030 E EXEMPTION DATA TaxDB Result Details Detailed Kesults fo r rarce DistrictNo 30 Parcel ID 30-08-0593-030. MapSuffix HouseNo 407 Direction Street GREENSPRING ROAD Owned PLOUGH, GEORGE H TRUST TR C/O PropType R PropDesc LivArea 1664 CurLandVal 37200 CurlmpVal 106500 CurTotVal 143700 CurPrefVal Acreage .58 C1G rnStat TaxEx 1 SaleAmt 1 SaleMo 07 SaleDa 31 SaleCe 20 SaleYr 02 DeedBkPage 00252-04636 YearBlt 1962 HF File Date 10/19/2004 HF_Approval_Status R ~.h ~ b ~ -~ ~' Cat Page 1 of 1 130-08-0593-030 in the 2010 Tax Assessment Database http://taxdb.ccpa.net/details.asp?id=30-08-0593-030.&dbselect=l 4/19/2011 ~__ -- Tuckey Restoration, Inc. `~;~. 12 Stover Drive ~'' TM Carlisle, PA 17015 717-249-7052 phone 717-249-8370 fax Client: Tony Santana Property: 407 Greenspring Rd Newville, PA ] 7241 Operator Info: Operator: KEVIN Estimator: Kevin Miller Type of Estimate: Remodel Date Entered: 8/28/2010 Date Est. Completed: 8/28/2010 Date Assigned: 8/10/2010 Date Job Completed: Price List: PAHA7X_AUG10 Restoration/Service/Remodel Estimate: SANTANA_TONY_REMODEL Cellular. (717) 422-6746 Estimate to remodel house. Estimate assumes house is emptied of contents prior to remodel. ~.~~ ~l ~ \~ ~Il t - Tuckey Restoration, Inc. 12 Stover Drive T^" PA 17015 Carlisle, 717-249-7052 phone 717-249-8370 fax SANTANA TONY_REMODEL SANTANA_TONY_REMODEL QNTY DESCRIPTION 1.00 EA 4. Dumpster load -Approx. 20 yards, 4 tons of debris 8.00 HR 63. General clean - up NOTES:THIS PROPOSAL DOES NOT INCLUDE ANY ELECTRICAL WORK. ROUGH PLUMBING IS ASSUMED TO B OKAY; FINISH PLUMBING IS INCLUDED. Main Level Master Bedroom Subroom 1: ROOM3 Subroom 2: ROOM4 DESCRIPTION 97. Seal then paint the walls and ceiling twice (3 coats) 243. Seal & paint baseboard -three coats 244. Seal & paint casing -three coats 110. R&R Base shoe Remove and replace shoe/qtr round for sanding of floors. 111. Seal & paint base shoe or quarter round 100. Seal & Paint door/window trim & jamb -Large - 2 coats (per side) 101. Seal & Paint door slab only - 2 coats (per side) 102. Seal & Paint bifold door set -slab only - 2 coats (per side) 112. Seal & paint wood window (per side) -Extra large 109. Sand, stain, and finish wood floor Bedroom 2 Subroom 1: ROOMI DESCRIPTION 116. Seal then paint the walls and ceiling twice (3 coats) 117. Seal & paint baseboard -three coats 118. Seal & paint casing -three coats 120. Seal & paint base shoe or quarter round 245. Seal & Paint door/window trim & jamb -Large - 2 coats (per side) 246. Seal & Paint door slab only - 2 coats (per side) 247. Seal & Paint bifold door set -slab only - 2 coats (per side) 123. Seal & paint wood window (per side) -Extra large 119. R&R Base shoe Remove and replace shoe/qtr round for sanding of floors. 125. Sand, stain, and finish wood floor Height: 8' Height: 8' Height: 8' QNTY 881.69 SF 86.32 LF 91.00 LF 86.32 LF 86.32 LF 3.00 EA 1.00 EA 4.00 EA 2.00 EA 191.13 SF Height: 8' Height: 8' QNTY 733.39 SF 69.57 LF 82.00 LF 69.57 LF 5.00 EA 1.00 EA 2.00 EA 3.00 EA 69.57 LF 176.86 SF 9/7/2010 Page:2 SANTANA TONY_REMODEL - Tuckey Restoration, Inc. 12 Stover Drive _; ; TM 7015 Carlisle, PA 1 717-249-7052 phone 717-249-8370 fax Height: 8' Bedroom 3 Height: 8' Subroom 1: ROOM13 QNTY DESCRIPTION Seal then paint the walls and ceiling twice (3 coats) 127 573.08 SF . 54.54 LF 128. Seal & paint baseboard -three coats 67.00 LF 129. Seal & paint casing -three coats 54 LF 54 131. Seal & paint base shoe or quarter round . 00 EA 3 Seal & Paint door/window trim & jamb -Large - 2 coats (per side) 248 . . Seal & Paint door slab only - 2 coats (per side) 249 6.00 EA . 134. Seal & paint wood window (per side) -Extra large 2.00 EA 54.54 LF 130. R&R Base shoe Remove and replace shoe/qtr round for sanding of floors. 136. Sand, stain, and finish wood floor 136.73 SF Height: 17' Stairs QNTY DESCRIPTION NO WORK ON EITHER SET OF STAIRS Bathroom Subroom 1: ROOMS DESCRIPTION Height: 8' Height: 8' QNTY Remove Acoustic plaster over metal lath 137 536.72 SF . 138. Demolish/remove -bathroom (over 50 sf) 84.67 SF SAVE TUB 1.00 EA 141. Refinish bathtub 1.50 HR 142. Plumber -per hour Remove and reinstall bathtub trim for painting 143. R&R Tile tub surround - 60 to 75 SF 1.00 EA Includes the on ceiling 72 SF 536 144. lit" drywall -hung, taped, floated, ready for paint . Remove Vinyl floor covering (sheet goods) -High grade 241 84.67 SF . 145. Vinyl floor covering (sheet goods) -High grade 97.37 SF 15 % waste added for Vinyl floor covering (sheet goods) -High grade. R&R Underlayment - 1/4" lauan/mahogany plywood 235 84.67 SF . 4.00 LF 147. R&R Vanity 1.00 EA 148. R&R Sink faucet -Bathroom 00 EA 1 189. Medicine cabinet -High grade . 1.00 EA 149. Detach & Reset Toilet 2.00 HR 150. Plumber -per hour add'1 plumbing labor for bathroom 2.00 EA 151. R&R Towel bar SANTANA TONY REMODEL 9/7/2010 Page: 3 - Tuckey Restoration, Inc. 12 Stover Drive `.:.~~ T`" Carlisle, PA 17015 717-249-7052 phone 717-249-8370 fax CONTINUED -Bathroom DESCRIPTION NTY 1.00 EA 152. R&R Toilet paper holder 72 SF 536 154 Seal then paint the walls and ceiling twice (3 coats) . . 155. Seal & paint baseboard -three coats 56.51 LF 50.00 LF 156. Seal & paint casing -three coats 51 LF 56 158. Seal & paint base shoe or quarter round . 00 EA 3 251 Seal & Paint door/window trim & jamb -Large - 2 coats (per side) . . 252. Seal & Paint door slab only - 2 coats (per side) 1.00 EA 00 EA 1 161. Seal & paint wood window (per side) -Extra large . 56.51 LF 162. R&R Baseboard - 3 1/4" 50.00 LF 163. R&R Casing - 2 1/4" 56.51 LF 157. R&R Base shoe Rem ove and replace shoe/qtr round for installation of flooring 232 R&R Baseboard electric heater - 3' l .00 EA . 268. R&R Light bar - 4 lights -High grade 1.00 EA 00 EA 1 269. R&R Light fixture -High grade . 00 EA 1 270 R&R Bathroom ventilation fan w/light -High grade . . 272. R&R Exhaust cap -through flat roof 1.00 EA 00 LF 8 273. R&R Ductwork -flexible -non-insulated - 4" round . Laundry DESCRIPTION Height: 8' QNTY 68. Seal then paint the walls and ceiling twice (3 coats) 316.51 SF 70. Seal & paint baseboard -three coats 31.80 LF 74. Seal & paint casing -three coats 33.00 LF 114. Seal & paint wood window (per side) -Extra large l .00 EA Seal & Paint door/window trim & jamb -Large - 2 coats (per side) 253 2.00 EA . Seal & Paint door slab only - 2 coats (per side) 254 l .00 EA . Remove Vinyl floor covering (sheet goods) 239 62.10 SF . 79. Vinyl floor covering (sheet goods) 71.42 SF 15 % waste added for Vinyl floor covering (sheet goods). Powder Room Height: 8' DESCRIPTION QNTY 164. Remove Acoustic plaster over metal lath 201.16 SF 165. Demolish/remove -bathroom (over 50 sf) 25.90 SF 169. 1 /2" drywall -hung, taped, floated, ready for paint 201.16 SF 242. Remove Vinyl floor covering (sheet goods) -High grade 25.90 SF SANTANA TONY REMODEL 9/7/2010 Page:4 ,~ TM TnrizPV Rectnration. InC. 12 Stover Drive Carlisle, PA 17015 717-249-7052 phone 717-249-8370 fax CONTINUED -Powder Room QNTY DESCRIPTION 170. Vinyl floor covering (sheet goods) -High grade 29.78 SF 15 % waste added for Vinyl floor covering (sheet goods) -High grade. 90 SF 25 236. R&R Underlayment - 1 /4" lauan/mahogany plywood . 2.50 LF 171. R&R Vanity 1.00 EA 172. R&R Sink faucet -Bathroom 1.00 EA 188. R&R Medicine cabinet 1.00 EA 173. R&R Toilet 1.00 HR 174. Plumber -per hour add'1 plumbing labor for bathroom 1.00 EA 175. R&R Towel bar 1.00 EA 176. R&R Toilet paper holder 16 SF 201 Seal then paint the walls and ceiling twice (3 coats) 178 . . 180. Seal & paint baseboard -three coats 21.91 LF 50.00 LF 182. Seal & paint casing -three coats 21 91 LF 255. Seal & paint base shoe or quarter round . 00 EA 1 Seal & Paint door/window trim & jamb -Large - 2 coats (per side) 259 . . Seal & Paint door slab only - 2 coats (per side) 260 1.00 EA . 21.00 SF 258. Seal & paint bookcase 21.91 LF 179. R&R Baseboard - 3 l /4" 34.00 LF 181. R&R Casing - 2 1/4" 21.91 LF 183. R&R Base shoe Remove and replace shoe/qtr round for installation of flooring 266. R&R Light bar - 3 lights -High grade 1.00 EA 00 EA 1 267. R&R Light fixture -High grade . Height: 8' Kitchen QNTY DESCRIPTION General Demolition -per hour 192 12.00 HR . Demo kitchen. Save walls and ceiling as much as possible. Also remove hanging cabinets and soffit that extend perpendicularly from the shared wall with the LR. These will not be replaced. 71 SF 292 Remove Vinyl floor covering (sheet goods) 240 . . 233. Vinyl floor covering (sheet goods) 336.62 SF 15 % waste added for Vinyl floor covering (sheet goods). R&R Underlayment - 1 /4" lauan/mahogany plywood 234 292.71 SF . 207. Drywall ]nstaller /Finisher -per hour 12.00 HR Labor & Materials to patch and repair kitchen walls and ceiling. This does not include any insulation in the walls. Seal then paint the walls and ceiling twice (3 coats) 209 830.23 SF . 164.95 LF 214. Seal & paint trim -two coats 2.00 HR 215. Painter -per hour addtional labor to paint trim SANTANA TONY REMODEL 9/7/2010 Page: 5 -_ _ Tuckey Restoration, Inc. ~ ,~ t' 12 Stover Dnve ._ ~ % ~ ~"' Carlisle, PA 17015 717-249-7052 phone 717-249-8370 fax CONTINUED -Kitchen QNTY DESCRIPTION 265. Seal & Paint door/window trim & jamb -Large - 2 coats (per side) 3.00 EA 91.00 LF 210. Detach & Reset Casing - 2 1/4" detac h and reset casing around 2 doorways and 1 set of windows 46.53 LF 213. Baseboard - 3 1/4" 30.00 EA 217. Cabinet knob or pull 25.00 LF 219. Cabinetry -laminate lower (base) units 30.00 LF 222. Cabinetry -laminate upper (wall) units 32.00 LF 226. Countertop -post formed plastic laminate 00 EA 1 227. Microwave oven -over range w/built-in hood . 1.00 EA 228. Garbage disposer 1.00 EA 229. Sink -double 1.00 EA 230. Sink faucet -Kitchen 3.00 HR 231. Plumber -per hour 1.00 EA 237. R&R Baseboard electric heater - 6' 1.00 EA 238. Reglaze window, 1 - 9 sf replace glass in exterior door - 1 piece 12x24" Height: 8' Hallway Height: 8' Subroom 2: ROOM6 Height: 8' Subroom 1: ROOM2 Height: 8' Subroom 3: FOYER QNTY DESCRIPTION 82. Seal then paint the walls and ceiling twice (3 coats) 83. Seal & paint baseboard -three coats 84. Seal & paint casing -three coats 261. Seal & Paint door/window trim & jamb -Large - 2 coats (per side) 262. Seal & Paint door slab only - 2 coats (per side) 88. Seal & Paint bifold door set -slab only - 2 coats (per side) 90. R&R Casing - 2 1/4" 91. R&R Attic opening -install louvered cover for attic fan casing and louvered cover for attic fan in hallway 92. R&,R Casing - 2 1/4" 93. R&R Baseboard - 2 1/4" 94. R&R Bifold door - lauan/mahogany -Single 95. R&R Door opening (jamb & casing) - 36"to60"wide -paint grade Jamb and casing for closet at end of hallway 89. Sand, stain, and finish wood floor SANTANA TONY_REMODEL yx3.~i4 ~r 100.87 LF 170.00 LF 8.00 EA 7.00 EA 2.00 EA 16.00 LF 9.00 SF 153.00 LF 100.87 LF 1.00 EA 1.00 EA 166.65 SF 9/7/2010 Page:6 -~- _ Tuckey Restoration, Inc. r, 12 Stover Drive TM 17015 Carlisle, PA 717-249-7052 phone 717-249-8370 fax Height: 8' Living Room QNTY DESCRIPTION 1.00 EA Interior plaster repair -Minimum charge 50 . Repair plaster in Living Rm for painting -repair along fireplace and crack in ceiling 65.69 LF 53. R&R Baseboard - 3 1/4" 65.69 LF 60. R&R Base shoe 32.00 LF 55. R&R Casing - 2 1/4" walls and ceiling -one coat (white pigmented shellac I th i U 814.01 SF e me pr 51. Sea 814.01 SF 52. Paint the walls and ceiling -two coats 65.69 LF 54. Paint baseboard, oversized -two coats 65.69 LF 61. Seal & paint base shoe or quarter round 00 EA 4 263. Seal & Paint door/window trim & jamb -Large - 2 coats (per side) . 3.00 EA 113. Seal & paint wood window (per side) -Extra large 283.62 SF 64. Sand, stain, and finish wood floor 1.00 EA 65. R&R Baseboard electric heater - 10' Basement QNTY DESCRIPTION No work in Basement -May need plumbing & electrical work after contents are removed. Exterior Front Elevation DESCRIPTION QNTY 5. Shutters -simulated wood (polystyrene) 2.00 EA 2.00 EA 6. R&R Exterior light fixture 1.00 EA 7. Paint door slab only - 2 coats (per side) 00 EA 1 8. Paint door/window trim & jamb -Large - 2 coats (per side) . 00 LF 17 20. R&R Wrap wood door frame & trim with aluminum (PER LF) . 00 EA 4 22. R&R Wrap wood window frame & trim with aluminum sheet -Small . 00 EA 1 21. R&R Wrap wood window frame & trim with aluminum sheet . 00 EA 1 19. R&R Wrap wood window frame & trim with aluminum sheet -Large . 3.00 EA 23. Remove Storm window -aluminum, 12 - 24 sf 00 EA 1 24. Seal & paint wood window (per side) -Extra large . 5.00 EA 25. Seal & paint wood window (per side) 81.00 SF 27. Prime & paint exterior soffit -wood 1.00 EA 32. Window repair -Minimum charge Remove wood from A/C unit on far left window and install glass. Right Elevation SANTANA TONY_REMODEL 9/7/2010 Page: 7 -_- Tuckey Restoration, Inc. r''/ 12 Stover Drive ~~~~ ~`" Carlisle, PA 17015 717-249-7052 phone 717-249-8370 fax DESCRIPTION 29. Prime & paint exterior soffit -wood 33. R&R Wrap wood window frame & trim with aluminum sheet 34. Seal & paint wood window (per side) Rear Elevation DESCRIPTION 28. Prime & paint exterior soffit -wood 35. R&R Wrap wood window frame & trim with aluminum sheet 36. Seal & paint wood window (per side) 37. Remove Storm window -aluminum, 12 - 24 sf 38. Paint door slab only - 2 coats (per side) 39. Wrap wood door frame & trim with aluminum (PER LF) 40. Painter -per hour prep and paint door threshold 41. R&R Storm door assembly 42. Overhead door weather stop 43. Overhead door bottom panel weather seal w/track 44. Overhead door repair -Minimum charge R&R 3 window panes on RH OF1D - 16x24" panes 45. Overhead (garage) door opener -Detach & reset Left Elevation DESCRIPTION 12. Paint overhead door -Large - 2 coats (per side) 13. Painter -per hour additional labor to prep garage doors 15. RBr,R Wrap wood garage door frame & trim with aluminum (PER LF) 30. Prime & paint exterior soffit -wood Roof DESCRIPTION 2. R&R Gutter / downspout -aluminum - up to 5" 3. R&R Chimney flashing -large (32" x 60") Grand Total 64,869.07 QNTY 54.00 SF 1.00 EA 1.00 EA QNTY 81.00 SF 6.00 EA 6.00 EA 3.00 EA 1.00 EA 17.00 LF l .00 HR 1.00 EA 48.00 LF 16.00 LF 1.00 EA 1.00 EA QNTY 2.00 EA 2.00 HR 48.00 LF 54.00 SF QNTY 196.00 LF 1.00 EA SANTANA TONY_REMODEL 9/7/2010 Page: 8 Tuckey Restoration, Inc. ' F' 12 Stover Drive =:t~~ TM 17015 Carlisle, PA 717-249-7052 phone 717-249-8370 fax Grand Total Areas: 4,685.81 SF Walls 1,470.43 SF Floor 0.00 SF Long Wall 1,470.43 Floor Area 1,508.71 Exterior Wall Area 0.00 Surface Area 0.00 Total Ridge Length Kevin Miller 1,445.35 SF Ceiling 163.38 SY Flooring 0.00 SF Short Wall 1,572.93 Total Area 167.63 Exterior Perimeter of Walls 0.00 Number of Squares 0.00 Total Hip Length 6,131.16 SF Walls and Ceiling 578.79 LF Floor Perimeter 590.46 LF Ceil. Perimeter 4,347.98 Interior Wall Area 0.00 Total Perimeter Length SANTANA TONY_REMODEL 9/7/2010 Page: 9 ~.~e 0 _, .~ ,. ao ._, a 0 0 N W Q W ~. ~I z 0 ¢~ z z Ppr i2 2011 3:05PM JJJCOM COMPUTERS 7172436531 pale 2 Page: 1 Josh w. Pett,- Estimate 2547 Ritner Wwy Carlisle, PA. 17015 Number. 07f3q Showroom 717-243-8822 Mobile 717-226-2689 Date: Septemtaer 22, 2010 Bill To: Ship Ta: - __ - -- ;Tony Santana 71 7 422 6746 ~ 407 Greenspring Rd it Newville, Pa 17241 ~I i I Terms Shlp Vfa -- -- I ---- _ - -- -- ,-- - p~ - _- -- ------_ _ _-- -- - - _ - -- -- --- - _ ~ Quantity ... Price1Tax 1 Descri on ~ Master Bedroom(back hall last room on right) -Walls, ceilings, jambs, all trim, 1.00 0.00' windows and doors will be sealed and painted. Shoemold will be removed and replaced with new shoemold_ Woad floor will be sanded,and finished natural 'i 'Bedroom 2 (back hail last room on left)- Walls, ceilings, jambs, all trim, windows 1.00 0.00 .and doors will be sealed and painted_ Shoemold wilt be removed and replaced ~ with new shoemold. Wood floor will be sanded, and finished natural ~ i Bedroom 3(back hall first room on left) -Walls, ceilings, jambs, ail trim, ' 1.00, 0.00 windows and doors will be sealed and painted. Shoemold will be removed and ~ replaced with new shoemold. Wood floor will be sanded, and finished natural HaAwayffoyer- Wails, ceilings, jambs, all Mrn, windows and doors will be sealed ~ 1.00 0.00 ~ and painted. Shoemold will be R8R with new shoemold. Wood Hoar will be ~ sanded,and finished natural. R&R casing. basboard, bifaid door, door jamb, and 1 attic opening 1 ~ ~, Living Room -Walls, ceilings, }amts, all trim, windows and doors will be sealed 1.00 0.00 ~ and painted. Shoemold will be R$~R shoemold, baseboard and casing. Wood Moor will be sanded, and finished natural. Walls will be repaired iun living room I j i. for painting ` ~ j 'Bathroom -(with tub) gut room down to wall studs except tub to be refinished. I 1.00 I 0.00 Hang and finish 1/2" drywafl. install file tub surround. provide and install file floor 'and materials to da so. R8R alt existing bathrm foctures including trim. Pain# everything ~ i, - -1~--- Amount 0.00 0.00 o.ao 0.00 0.00 i 0.00 -~--- ~~~ ~ J,~~ `i ~ tt Rpr 12 2011 3:05PM JJJCOM COMPUTERS 7172436531 page 3 Josh W. Petty 2547 Ritner Hwy Carlisle, PA. 17015 Showroom 717-243-8822 Nbbile 717-226-2689 Bill To: _ Tony Santana 407 Greenspring Rd Newville, Pa 17241 Description Terms ... Estimate Number: 076q Date: September 22, 2010 Ship To: __ __ - - 717 422 6746 ~~ ~.. _ ..- `I Ship Via i Quantity', Price 'Tax 1 i Amount I { it f II I ;, I I V ! i I This quote la to remodel the house at the above said address. ft also assumes the house will be empty of ar contents. Atl corsstructlon trash will be romoved and a general cleanup of the property will he Included In our services. Thi: estimate does rrot include any elecdical, heating, HVAC, or rough plumbing. All Rnish plurnWng is included in estimate. No work will be done in stairways Or in basement. An additional charge wit) bs added if kitchen ~ Whrree~s~or hardM~rooM ~ Santana to ~ stained. Any changes to ttre descriptlon of the remodel will be bandied try change orders approved by ~ I j I ~ ~ 'i i __ - Sub-Total 1,65,000.00 State Tax 6.00°{0 on 0.00 0.00 Total 65,000.00 f~pr 12 2011 3:05PM ~oSh w. Petty 2547 Ritner Hwy Carlisle, PA 17015 Showroom 717-243-8822 Mobile 717-226-2689 Bill To: _- -_-- Tony Santana 407 Greenspring Rd Newville, Pa 17241 JJJCOM COMPUTERS 1 _ - T®rms 7172436531 pale 4 Page: 2 Estimate Number: 076q Date: September 22, 2010 Ship To: 717 422 6746 Ship Via ___ - -- _ --- ~--- Quandity # Price I Tax 1 I Amount i Description _ __~ -- -- - -__ __ Powder Room- gut room down to wail studs .Hang and finish 1f2"drywall. install 1.00 0.00 0.00 file tub surround. provide and install file floor and materials to do so. R8~R all , existing bathrm fixtures including trim. Paint everything ~ ! ~ ~, Laundry room- paint everything , rtimove existing vinyl flooring and replace with ', 1.001, 0.00 0.00' file floor to match rest of new fife going in house ~ Kitchen- remove all cabinets, re-drywall kitchen, install new oak cabinets j 1.00', 0.00 0.00 finished natural with post formed ooutertops,stainless step double sink, garbage j disposal, faucet and microwave, remove existing vinyl floor, provide and install '. new file floor Exterior Front of House- wrap door/window frames wl aluminum, new shutters, 1.00 ~ 0.00 O.OC ', paint door, remove plywood from ac hole and replace with glass, paint soffit 'Exterior Rear of House- wrap doorJwindows frames with aluminum, remove ~ 1.00 I 0.00 ~ O.OG ' storm window, replace storm door, paint soffit, seal door, install garage door 'i ~ ~ opener ' Exterior Left side of House- wrap garage door frame and trim with aluminum, 1.00 I 0.00 ~! 0.00 ~I 1 paint overhead door and wood soffit ' 'Exterior Right side of House- paint wood windows and soffit, wrap window ', 1.00 ' 0.00 , ~ 0.00 c frame and trim wish aluminum I , i Roof- Install new gutter and downspouts, rehash chiminey ~ 1.00 5,000.00', .65,000.00 -- --- _ _ _ I _ _ __ _ _ COMMONWEALTH OF PENNSYLVANIA OFFICE OF ATTORNEY GENERAL June 1, 2011 Charitable Trusts and Organizations Section 14th Flr., Strawberry Sq. Harrisburg, PA 17120 Phone: (717) 783-2853 Facsimile: (71 ~) 787-1190 Tricia D. Naylor, Esquire BARK SCHERER 19 West South Street Carlisle, PA 17013 Re: Estate of George H Plough/ No 21-10-0687• Cumberland County Dear Ms. Naylor: This will acknowledge receipt of your notice under Supreme Court Orphans' Court Rule 5.~ regarding the above-captioned matter. I have reviewed the revised Petition to Sell Real Property In Trust to Trustee of Trust for the George H. Plough Trust and have no objections. At your earliest convenience, kindly provide me with copies of the decree. Please be advised that the above review was made pursuant to the ap rens ap triae function of this office and has no bearing on any matter unrelated thereto. Be further advised that this no objection is based on the information submitted to the Office of Attorney General and therefore is conditioned upon its accuracy submissions or omissions. Very truly yours, i L. Downing r deputy Attorney General _ -- _--- ~.~_~ ~;~~ c~ ; I __n