HomeMy WebLinkAbout02-0120IN THE MATTER OF
THE ERIKA L. SWARTZENTRUBER
SPECIAL NEEDS TRUST
UNDER AGREEMENT DATED 3/24/00
· IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY, PENNSYLVANIA
· ORPHANS' COklRT DIVISION
No. 2002- /a,7~O
STATEMENT OF PROPOSED DISTRIBUTION
The following distributions were made prior to the filing of the First and Final Account of
the Trustee, Community Trust Company:
Pursuant to ARTICLE V, Paragraph 5.01 (c), of the Erika L. Swartzentruber Special
Needs Trust, the following amounts were distributed to, or for the benefit of, Erika L.
Swartzentruber:
Income Cash in the amount of
Principal Cash in the amount of
$ 5,632.07
$111,911.24
Pursuant to ARTICLE V, Paragraph 5.02, of the Erika L. Swartzentruber Special Needs
Trust, the following amounts were distributed pursuant the exercise of a general power of
appointment reserved to the Settlors of the Trust:
Principal Cash in the amount of
$32,000.00
Pursuant to ARTICLE V, Paragraph 5.04, of the Erika L. Swartzentruber Special Needs
Trust, the following amounts were distributed pursuant to the exercise of a Broad Special Power
of Appointment by the beneficiary, Erika L. Swartzentruber:
Principal Cash in the amount of
$17,000.00
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Pursuant to ARTICLE IX, Paragraph 9.02, the beneficiary, Erika L. Swartzentruber, has
removed Community Trust as Trustee. Pursuant to ARTICLE IX, Paragraph 9.03, the
beneficiary has appointed Waypoint Bank as successor Trustee. See Exhibit A, attached.
Community Trust Company proposes to distribute the principal and income balance on
hand to Waypoint Bank, after payment of trustee fees and legal fees, as follows:
mo
Community Trust Company - trustee fees for December, 2001 and
January and February, 2002 and reserve for preparation of fiscal year 2001
state and federal fiduciary income tax returns:
$950.00
Bo
Keefer Wood Allen & Rahal, LLP - legal fees and disbursements in
connection with filing the accounting:
$1,920.00 for fees; $275.00 for disbursements
Gates, Halbruner & Hatch, P.C. - legal fees and disbursements in
connection with creation, funding and protection of the trust:
$9,281.00
Waypoint Bank - successor Trustee
Fiduciary Market
Carrying Value Value
Income Cash
Principal Cash
Jackson National Life Insurance
Company Annuity
275.84 275.84
113,993.18 113,993.18
150,000.00 115,133.94
With adjustment for principal and income receipts and disbursements received or made
by the Trustee on or after January 1, 2002 through the date of actual distribution to the successor
Trustee.
The Trust Agreement is attached hereto as Exhibit B.
EXHIBIT A
IN THE MATTER OF
THE ERIKA L. SWARTZENTRUBER
SPECIAL NEEDS TRUST
UNDER AGREEMENT DATED 3/24/00
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
: No. 2002-
APPOINTMENT OF
SUCCESSOR TRUSTEE OF THE
ERIKA L. SWARTZENTRUBER SPECIAL NEEDS TURST
WHEREAS, DEIRDRE ANN FOX and DALE M. SWARTZENTRUBER (the
"Grantors") have established a Trust entitled The Erika L. Swartzentruber Special Needs Trust
dated March 24, 2000 (the "Trust"), naming Community Trust Company (the "Trustee") as
Trustee; and
WHEREAS, under Article IX, Paragraph 9.02, Erika L. Swartzentruber (the
"Beneficiary") has the power to remove the Trustee; and
WHEREAS, under Article IX, Paragraph 9.03, the Beneficiary has the power to
appoint a Successor Trustee; and
WHEREAS, the Beneficiary has exercised her power to remove Community Trust
Company as Trustee and now desires to appoint Waypoint Bank as Successor Trustee,
NOW, THEREFORE, the parties hereto, imending to be legally bound, hereby
agree as follows:
1. Pursuant to Article IX, Paragraph 9.03, the Beneficiary hereby appoints
Waypoint Bank as Successor Trustee.
2. Waypoint Bank hereby accepts the position of Successor Trustee for the
purposes set forth in the Trust.
3. In all other respects, the Trust remains in full force and effect.
day of
WITNESS:
IN WITNESS WHEREOF, the parties have set their hands and seals this
'_T_6~i~ ,,~00~.
' .Notarial
Heather Nelson, Nom~/Publio
State Colloc~e Bom, Contro 0oun~_.
..My Commiss}on £x~ros Oct. 18, 2~
~q ~ (the "B~fici~")
ATTEST:
Waypoint Bank
By:
/~u~essor Trustee
COMMONWEALTH OF PENNSYLVANIA ·
COUNTY OF (:t:>y3q. YQ_ '
On this, the ~ day of -~x~x30-.Cc4 ,2002, before me, the undersigned
officer, personally appeared ERIKA L. SWARTZENTRUBER, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and acknowledged
that she executed the same for the purposes therein contained·
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
[Notarial Seal]
Notary Public
Notarial Seal
Heather Nelson, Notary Public
My Commissk)n Expires Oct. 18,
COMMONWEALTH OF PENNSYLVANIA ·
· SS.
Onthis, the Iqt-- dayof ~14f't2q cD/ ,2002, beforeme, the undersigned
officer, personally appeared Stephen C. Minana, wlSo acknowledged himself to be Vice President
of Trust and Investment Services of Waypoint Bank, and that he, being authorized to do so,
executed the foregoing instrument for the purposes therein contained by signing the name of
Waypoint Bank, by himself, as Assistant Vice President·
In witness whereof, I set my hand and official seal.
[Notarial Seal] 7~'~~
Notary Public
NOTARIAL SEAL
PAMELA S, WOLFE, Notary Public
City of Harrisburg, D~uphin County
My Commission Expires Dec,. 22, 2003
EXHIBIT B
COPY
THE
ERIKA L. SWARTZENTRUBER
SPECIAL NEEDS TRUST
THIS TRUST AGREEMENT is executed in triplicate on this,,~'2/~ day of March, 2000,
by and between DEIRDRE ANN FOX, now of 430 Hubler Road, State College, Centre County,
Pennsylvania 16801, and DALE M. SWARTZENTRUBER, now of 19519 116z Avenue,
Mokema, Illinois 60448 (hereinafter called "Settlors" or "Co-Settlors") and COMMUNITY
TRUST COMPANY, a Pennsylvania regulated trust company, now of 1013 Mumma Road,
Suite 202, Lemoyne, Pennsylvania 17043 (hereinat~er called "Trustee").
ARTICLE I.
PARTIES, PERSONAL DATA, DISCLAIMER AND IRREVOCABILITY
1.01. Parties and Personal Da_ts. Settlors, DEIRDRE ANN FOX and DALE M.
SWARTZENTRUBER, are the natural mother and father, respectively, of ER/KA L.
SWARTZENTRUBER, the Beneficiary of the Trust created herein. Throughout this
Agreement: (a) "Co-Settlors" or "Settlors" will refer to DEIRDRE ANN FOX and DALE M.
SWARTZENTRUBER; (b) ERIKA L. SWARTZENTRUBER will be referred to as the
Beneficiary; and (c) COMMUNITY TRUST COMPANY will be referred to as Trustee.
1.02. Disclaimer. The Trustee shall have the 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.
1.03. ~. Settlors have been advised of the consequences of an irrevocable
trust and hereby declare that this Trust shall be irrevocable and shall not be altered, amended,
revoked, or terminated by Settlors or any other person or persons.
ARTICLE II
PURPOSES OF TRUST
2.01. ~. This Trust is established for the benefit ofERIKA L.
SWARTZENTRUBER as well as to preserve assets for distribution to the remaindermen
hereunder. It is not the purpose of this Trust that it serve as a primary or main source of income,
support or maintenance for ERIKA L. SWARTZENTRUBER In the event of determining
priority of interests where there are competing interests, the Trustee shall deem the interests of
the beneficiary, ERIKA L. SWARTZENTRUBER, to be superior to those of the
remaindermen.
2.02. Suooiemental Assistance Limitation of Benefi/~. With respect to the
Beneficiary, ERIKA L. SWARTZENTRUBER, the express purpose of this Trust is to provide
for ERIKA L. SWARTZENTRUBER's extra and supplemental needs, over and above the
benefits ERIKA L. SWARTZENTRUBER otherwise receives or may receive in the future as a
result of handicap or disability from any local, state, or federal government or from private
agencies, any of which provide services or benefits to disabled or otherwise challenged persons.
Anything to the contrary herein notwithstanding, no trust income or principal shall be paid to or
expended for the benefit ofERIKA L. SWARTZENTRUBER so long as there are sufficient
monies available to her for care, comfort, and welfare from federal, state, and local government
agencies and departments. The Trustee shall consider such governmental funds in determining
whether there are funds available to the Beneficiary from sources other than the Trust estate and
shall use Trust assets only to supplement and never to substitute for such funds. In no event may
Trust income or principal be paid to or for the benefit of a governmental agency or department,
and the Trust estate shall at all times be free of the claims of such governmental bodies.
2.03. Advocacy. The Trustee shall periodically contact the Settlors, any applicable
local associations for citizens with disabling conditions, other relatives, guardian if applicable,
and the staff of any group home or other residential facility where ERIKA L.
SWARTZENTRUBER resides regarding items and directives of this Trust for her and her well
being.
ARTICLE llI.
TRUST ESTATE
3.01. Transfer to Trust. Settlors do hereby assign, transfer and deliver to the Trustee
and its successors and assigns the property described in Schedule "A" attached hereto and made a
part hereof, or as Schedule "A" may be amended. As further evidence of such assignment, the
Settlors have executed or will execute or cause to be executed such other instruments as may be
required for the purposes of completing the assignment or transfer of title to such property to the
Trustee. The Trustee accepts such transfer and assignment to itself as Trustee, and undertakes to
hold, manage, invest and reinvest the assets of this Trust, and to distribute the income and
principal of the Trust in accordance with the provisions of this Agreement.
3.02. Additional Transfers to Trust. The Settlors, and any other person, with the
consent of the Trustee, shall have the right at any time to make additions to the corpus of this
Trust or any shares thereof hereby established. All such additions shall be held, controlled, and
distributed by the Trustee in accordance with the terms and conditions of this Agreement.
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ARTICLE IV.
LIFE INSURANCE POLICH~S
4.01. Transfers of Life Insurance to Trust. If any insurance policies are transferred
into this Trust, the Trustee shall be vested with all right, title, and interest in and to the
transferred policies of insurance, and is authorized and empowered to exercise and enjoy, for the
purposes of the Trust herein created and as absolute owner of such policies of insurance, all the
options, benefits, rights and privileges under such policies, including the right to borrow upon
and to pledge them for a loan or loans. The Trustee takes all rights, title, and interest in and to
such insurance policies subject to any prior split-dollar life insurance agreement which may be in
effect at the time of the transfer. The insurance companies which have issued such policies are
hereby authorized and directed to recognize the Trustee as absolute owner of such policies of
insurance and as fully entitled to all options, rights, privileges, and interests under such policies,
and any receipts, releases, and other instruments executed by the Trustee in connection with such
policies shall be binding and conclusive upon the insurance companies and upon all persons
interested in this Trust.
4.02. Payment of Premiumn, It is the intention of the Settlors to pay any and all
premiums, assessments or other charges necessary to keep each policy included in the Trust in
force unless such premiums shall be paid by the insured thereunder (where the insured is
someone other than either or both of the Settlors) or in some other manner, but the Settlors shall
be under no duty in this respect and shall incur no liability to the beneficiaries of the Trust or to
any other person if the Settlors shall permit any such policy to lapse for nonpayment of
premiums, assessments or charges, or otherwise permit any such policy to become uncollectible.
The Trustee shall be under no obligation to pay the premiums which may become due and
payable under the provisions of any policy of insurance which may be transferred or assigned to
this Trust, or to make certain that such premiums are paid by the transferor of such policy, or to
notify any persons of the nonpayment of such premiums, and the Trustee shall be under no
responsibility or liability of any kind in case such premiums are not paid, except that the Trustee
shall apply any dividends received by the Trustee on such policies to the payment of premiums
thereon.
Upon notice at any time during the continuance of this Trust that the premiums due upon
such policies are in default, or that premiums which will become due will not be paid, either by
the transferor or by any other person, the Trustee, within its sole discretion, may apply any cash
values attributable to such policy to the purchase of paid-up insurance or of extended insurance,
or may borrow upon such policy for the payment of premiums due thereon, or may accept the
cash values of such policy upon its forfeiture. In the event that the Trustee receives the cash
value of such policy upon its forfeiture for nonpayment of premiums, the amount received shall
be added to the corpus of this Trust, and shall be administered according to the terms of this
Agreement. If the insured under such policies of insurance, becomes totally and permanently
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disabled within the meaning of any policies and because thereof the payment of premiums, or any
of them, shall, during the pendency of such disability, be waived, the Trustee, upon receipt of
such knowledge, shall promptly notify the insurance company which has issued such policies,
and shall take any and all steps necessary to make such waiver of premium provision effective.
4.03. Rights in the Life Insurance Reserved to Settloi ~. The following fights,
exercisable without the consent of the Trustee or the beneficiaries of the Trust, are expressly
reserved by the Settlors during either or both of the Settlors' lifetimes with respect to each policy
included in the Trust insuring the life of either Settlor and owned by either of both of the Settlors
and made payable to the Trustee hereunder: (i) to exercise all options, elections, rights and
privileges accorded to the Settlors under the terms of any such policy, (ii) to obtain all or any part
of the loan value of any such policy, (iii) to use any such policy as collateral for a loan, (iv) to
sell, assign or pledge any such policy, (v) to receive any dividends, distributive shares of surplus
earnings, disability benefits, surrender values or the proceeds of matured endowments, (vi) to
change the named beneficiary to whom the proceeds of such policy are payable on the insured's
death, and (vii) to convert any or all policies into other forms of insurance or annuities or to
permit the same to lapse. The Trustee agrees to execute any and all instruments that may be
necessary to permit the exercise of any such right by either or both of the Settlors, without
liability to anyone for so doing. Upon the maturity of any life insurance policy included in the
Trust, whether at the insured's death or at any other time, the Trustee shall collect the proceeds
thereof.
4.04. ..Duties of Trustee R~ardine the Life [n,~urancc,. The Trustee shall be under no
obligation or duty whatsoever except with respect to the safekeeping of such policies of
insurance and the duty to receive such sums as may be paid .to it, in accordance with the
requirements of this Trust, by the companies issuing such policies, and to hold, manage and
disburse such proceeds subject to the terms of this Agreement. Upon the death of the insured,
the Trustee shall make reasonable efforts to carry out the provisions of this Agreement. including
the maintenance or defense of any suit, provided, however, the Trustee shall be under no duty to
maintain or enter into any litigation unless its expenses, including counsel fees and costs, have
been advanced or guaranteed in an amount and in a manner reasonably satisfactory to it. The
Trustee may repay any advances made by it or reimburse itself for any such fees and costs from
any corpus or income of this Trust.
ARTICLE V.
DISTRIBUTIONS FROM TRUST
5.01. Distributions Durin8 Continuation of Trusl. Subject to the termination of this
Trust, the trust estate shall be held for the benefit of the Beneficiary, ERIKA L.
SWARTZENTRUBER, for her lifetime, together with any other assets received by the Trustee,
for the following uses and purposes:
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(a) This Trust is established for the purpose of improving the quality
of life of the Beneficiary, ERIKA L. SWARTZENTRUBER, for and during all
the term of her natural life. As the result ora motor vehicle accident and the
future natural physical and mental deteriorations of age, the Beneficiary, ERIKA
L. SWARTZENTRUBER, suffers fi-om and may continue to suffer fi-om
substantial physical disabilities and, as a further result, may require additional
medical care. She may be entitled to benefit fi-om various governmental programs
which provide for her basic or supplemental care. It is the purpose of this Trust to
provide the Beneficiary, ERIKA L. SWARTZENTRUBER, with a higher
quality of life beyond that which would be provided by these public entitlement
programs and to provide her with a proper funeral and burial.
Co) Settlors' intent in creating this Trust is that the Trustee use the
Trust created herein to promote the happiness, welfare and benefit of the
Beneficiary, ERIKA L. SWARTZENTRUBER, through income and principal
distributions, without in any way reducing the services or financial assistance and
basic maintenance, support, medical or dental care which the Beneficiary may
receive without charge fi-om any local, state or federal government agency or
department thereof, and without using any portion of the Trust income or principal
to reimburse any local, state or federal government agency or department thereof
for basic maintenance, support, medical or dental care received by the Beneficiary.
Settlors' intent is that the Trust income and principal is not to be considered
income, assets, nor resources of the Beneficiary, for any purpose, including but
not limited to, the determination of income, assets or resources as stated in any
rules or regulations set forth in any local, state or federal government agency or
department thereof. In the event the Trustee is requested by any department or
agency to release principal or income of the Trust to or on behalf of the
Beneficiary to pay for equipment, medication or service which other organizations
or agencies are authorized to provide, or in the event the Trustee is requested by
any department or agency administering such benefits to petition the Court or any
other administrative agency for the release of Trust principal or income for this
purpose, the Trustee shall deny such request and is directed to defend at the
expense of the Trust estate, any contest or other attack of any nature.
(c) The Trustee shall distribute to the Be~.~e~iciary, ERIKA L.
SWARTZENTRUBER, or expend and apply for ~'~"~benefit, so much of or all of
the income and principal of this Trust, as the Trustee, in its sole and absolute
discretion, determines to be advisable for the Beneficiary's special needs for
happiness and comfort to achieve the purpose of the Trust herein set forth. The
"special needs" which the Trustee may provide to the Beneficiary, ERIKA L.
SWARTZENTRUBER, include but are not limited to spending money,
additional food, clothing, girls on her birthday and major holidays, small
appliances that would provide the Beneficiary with entertainment or amusement,
computer equipment, camping excursions, vacations, athletic contests, movies,
trips, money to purchase appropriate gifts for relatives and friends, any
recreational items that would be of use to her and other monetary requirements to
enhance her self-esteem or situation. "Special needs" shall also include medical
and dental expenses, annual independent check-ups, rehabilkation and physical
therapy equipment, programs of training, education, treatment, physical therapy
and rehabilitation, private residential care, eye glasses, transportation (including
vehicle purchase), maintenance, and insurance (including payment of premiums of
insurance on the life of the beneficiary) and other requisites for maintaining the
good health, safety, and welfare of the Beneficiary when, in the discretion of the
Trustee, such requisites are not being provided by any public agency, office, or
department of any state or of the United States. Nothing herein shall preclude the
Trustee from purchasing those services and items which promote the Beneficiary's
happiness, comfort and welfare. The Trustee shall also have authority in its
absolute and sole discretion to make gifts to any community residence in which
the Beneficiary may be residing.
(d) Any net income not expended for or applied to the special needs of
the Beneficiary, ERIKA L. SWARTZENTRUBER, shall be accumulated and
added to the Trust principal.
(e) The Trustee shall have no obligation to expend Trust assets for the
Beneficiary's special needs, but if the Trustee, in its sole discretion, decides to
expend Trust assets, under no circumstances should any amounts be paid to, or
reimbursed to, the federal government, any state, or any governmental agency for
any purpose, including for the care, support, and maintenance of the Beneficiary.
This Trust is created expressly for the Beneficiary's extra and supplemental care,
maintenance, support and education in addition to, and over and above the
benefits she otherwise receives or may receive as a result of handicap or disability,
from any local, state or federal government, or from any other private agency, any
of which provides service or benefits to persons with disabilities. It is Settlors'
express purpose that this Trust be used only to supplement other benefits that the
Beneficiary may receive.
(f) Because the Beneficiary may be dependent on the support and aid
of others, the Trustee shall, in the exercise of its best judgement and fiduciary
duty, seek support and maintenance for her, or request the guardian or any other
agent of the Beneficiary to seek support and maintenance for her, from all
available public resources, including, but not limited to, Social Security
Administration benefits, the Supplemental Security Income Program (SSI), any
such supplemental income program offered by or through the Commonwealth of
Pennsylvania, the Old Age Survivors and Disability Insurance or successor
programs, U.S. Civil Service Commission benefits, Medicaid, and Federal Social
Security Disability Insurance (SSDI), and any other comparable programs, state,
federal, or local. The Trustee shall take into consideration applicable resource and
income limitations of any public assistance programs for which the Beneficiary is
eligible when determining whether or not to make any discretionary distributions.
In carrying out the provisions of this Article, the Trustee shall be mindful of the
probable future needs of the remaindermen of this Trust. If necessary, the Trustee
may seek appropriate authority to collect, expend, and account for separately all
such governmental assistance benefits, but shall not commingle them with these
Trust assets. In addition, in making distributions for the special needs of the
Beneficiary, the Trustee shall take into consideration the applicable resource
limitations of the public assistance programs for which he is or may become
eligible.
(g) The Trustee shall regard this Trust as existing for the welfare and
benefit of the Beneficiary, ERIKA L. SWARTZENTRUBER. Accordingly, the
Trustee shall exercise its discretion as to disbursements and investments with this
standard in mind. Consistent with the purpose of this Trust, the Trustee may, at
its discretion, develop a life plan for the Beneficiary under the advice and consent
of the Beneficiary, ERIKA L. SWARTZENTRUBER, provided that the
Beneficiary is capable of assisting with the life plan, otherwise the Trustee may do
so without the Benefieiary's advice and consent. It is intended that the Trustee
read the life plan and use it as guidance in administering this Trust according to
the terms set forth herein. In no event shall the life plan be binding upon the
Trustee or otherwise diminish the Trustee's discretion as described herein.
(h) The Trustee shall exercise reasonable diligence. However, the
Trustee shall not be liable for any acts or omissions done or performed in good
faith.
(i) The Trustee shall not be required to make an accounting to any
public official except to the extent otherwise required by law. The Trustee shall,
however, keep and maintain complete and open accounts of the Trust principal
and income and any expenditures from the Trust. Anyone having an interest in
the Trust shall have a right to inspect the accounts at reasonable times and with
reasonable notice to the Trustee. Ail discretion conferred on the Trustee shall be
absolute and unlimited, and its exercise by the Trustee shall be conclusive and
binding on all persons.
(j) The Trustee shall pay reasonable burial expenses including a
suitable grave marker for the Beneficiary, ERIKA L. SWARTZENTRUBER.
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5.02. General Power of Appointment. Until such Termination of this Trust as
described in Paragraph 5.03, Settlors, DEIRDRE ANN FOX and DALE M.
SWARTZENTRUBER, are jointly hereby granted the general power to appoint some or all of
the principal of this Trust to themselves, their estates, or any other individual, in such proportions
and upon such terms (in trust, outright gi~s, or in any other manner) as each deems advisable,
subject to the Beneficiary, ERIKA L. SWARTZENTRUBER's approval as described below.
This power shall not be exercisable under their respective Wills. This power may not be
exercised without the written confirmation of the Beneficiary, ERIKA L.
SWARTZENTRUBER, in acceptance of the proposed exercise. The Beneficiary, ERIKA L.
SWARTZENTRUBER, shall have the authority to designate or appoint any other individual to
exercise this general power of appointment provided that such individual is not a creditor, the
agent or representative of a creditor, a state agency or institution, or any legally responsible
relative or individual who may be required to provide funds for her care. The nomination of an
individual to exercise the general power of appointment may be designated by the Beneficiary's
Will subject to the same terms and limitations of any other individual having the general power
to appoint under this section and such nominated individual shall enjoy the general power of
appointment unrestricted by approval of any withdrawal provided that such nominated individual
is appointed under the Beneficiary's Will. The Beneficiary is not required to appoint any such
individual and this power shall not be exerciseable by her attorney-in-fact. The Beneficiary,
ERIKA L. SWARTZENTRUBER, shall have the authority to withdraw or remove any
individual named herein as having power to exercise the general power of appointment and, upon
such withdrawal or removal, that individual shall no longer be able to exercise the general power
of appointment. This Power shall terminate upon the finding that any individual granted a
general power of appointment is treated as a legally responsible relative or legally responsible
individual to provide for any support, care, health or welfare costs for the Beneficiary, ERIKA
L. SWARTZENTRUBER.
5.03. ..Distributions Upon Termination of Trust. The Trust shall terminate upon the
death of the Beneficiary, ERIKA L. SWARTZENTRUBER. Upon termination, the then-
remaining trust estate shall be distributed as follows: (1) The sum of Fifty Thousand and
00/100 ($50,000.00) Dollars shall be distributed, without trust, to Settlor, DEIRDRE ANN
FOX, if she survives the termination of the trust, otherwise the git~ shall lapse; (2) The sum of
Fitly Thousand and 00/100 ($50,000.00) Dollars shall be distributed, without trust, to Settlor,
DALE M. SWARTZENTRUBER, if he survives the termination of the trust, otherwise the git~
shall lapse; and, (3) The balance of the trust estate shall be held in further trust for the benefit of
Beneficiary's sister, ALLISON V. FOX, provided that the distribution for ALLISON V. FOX
shall be held, IN FURTHER TRUST, for the benefit of ALLISON V. FOX (hereunder "the
Beneficiary") as follows:
(a) Until the Beneficiary attains the age of twenty-two (22) years of age, to pay
any part or all of the income to, or for the benefit of, the Beneficiary, or to accumulate
any part or ail of the income, which in the sole discretion of the Trustee is determined to
be reasonably necessary for the Beneficiary's needs for heaith, education, support and
maintenance. Any income not so paid shall be added to the principai of the Trust. To the
extent possible, ail payments ofprincipai or income shail be paid directly to the third-
party for the benefit of the Beneficiary rather than directly to the Beneficiary.
(b) After the Beneficiary has attained the age of twenty-two (22) years, to pay ail
of the income to, or for the benefit of, the Beneficiary in such periodic instailments as the
Trustee and the Beneficiary shail agree, but at least monthly. To the extent possible, ail
payments of principai or income shail be paid directly to the third party for the benefit of
the Beneficiary rather than directly to the Beneficiary.
(c) To pay to, or for the benefit of, the Beneficiary at any time or times prior to
the termination of the Beneficiary's separate Trust, such sums from or any part or ail of
the principai as the Trustee may, in its sole discretion, determine to be reasonably
necessary for the Beneficiary's needs for heaith, education, support and maintenance. To
the extent possible, ail payments ofprincipai or income shail be paid directly to the third
party for the benefit of the Beneficiary rather than directly to the Beneficiary.
(d) To pay to, or for the benefit of, the Beneficiary, upon her attaining the age of
thirty (30), up to one-third (1/3), cumulatively, of the then-current principai of her trust.
(e) To pay to, or for the benefit of, the Beneficiary, upon her attaining the age of
thirty-five (35), up to one-haif (½), cumulatively, of the then-remaining principai of her
trust.
(f) To pay to, or for the benefit of, the Beneficiary, upon her attaining the age of
forty (40), the entire principai of her trust remaining at that time.
(g) Upon the death of the Beneficiary prior to her fortieth (40th) birthday, the
Trustee shall pay the remaining principai, if any, to the predeceased Beneficiary's then-
living issue, or if the Beneficiary has no such issue, then the remaining principai shail be
distributed, in equai shares, to the Settlors, DEIRDRE ANN FOX and DALE M.
SWARTZENTRUBER, per stirpes, provided that any distribution to Settlors' issue shail
be added to the Beneficiary's separate trust ifa trust is then in existence.
5.04. Broad Special Power ofAppointment. ERIKA L. SWARTZENTRUBER is
hereby granted the special power to appoint, at any time and from time to time, the principal of
this Trust, in whole or in part, and in any manner and in such proportions as she individually
deems advisable to whomever either desires. This power shall be exercisable by her through her
Will, specifically referring to this special power of appointment in this paragraph 5.04 of this
Trust. This special power of appointment does not grant to her the power to appoint the principal
9
of this trust to herself, her estate, her creditor, or the creditors of her estate. If she fails, either in
whole or in part, to exercise this special power of appointment herein granted, the unappointed
principal shall continue in trust and shall be administered according to the terms of this trust.
ARTICLE VI.
POWERS OF TRUSTEE
6.01. Management of the Trust.
(A) Beneficiarv's power to direct investments, Beneficiary shall have the power in
a fiduciary capacity to direct the Trustee to purchase, sell, exchange, or otherwise acquire or
dispose of assets. In the case ora variable life insurance or annuity policy, Beneficiary shall have
the power in a fiduciary capacity to direct the investm.ent of the cash value of the policy among
the investment fund options provided in the policy.
During the Beneficiary's lifetime, the Trustee shall not exercise any of the Trustee's
powers over these matters without receiving written directions from the Beneficiary.
Notwithstanding the Beneficiary's authority or the Trustee's limitations, contained in this section,
if the Trustee, in the exercise of its fiduciary duties, is required (1) to make a discretionary or
non-discretionary distribution to a trust beneficiary, (2) to pay trustee's fees, (3) to pay any taxes
relating to the trust, or (4) to pay any other costs or disbursements relating to the trust, the
Trustee shall provide the Beneficiary written notice of such payment and an estimate of the
liquidity requirements, and the Beneficiary shall have fifteen (15) calendar days (from the
mailing of the notice) to advise the TrusTee which trust assets to liquidate in order to make the
payment and meet the liquidity requirements. If'the Beneficiary does not provide the advice to
the Trustee within the fifteen (15) day period, then the Trustee is authorized to liquidate those
trust assets which it deems appropriate to meet the liquidity requirements based on the Prudent
Investor Rule contained in section 5.01(B).
During the Beneficiary's lifetime and unless the foregoing powers have been relinquished,
the Trustee shall have no duty to review investments or to suggest investments and shall not be
liable to any beneficiary of this trust or any heir of the Settlor for losses resulting from such
investments or from failure to make investments while the Beneficiary retains these powers.
Beneficiary, unless having relinquished this duty in writing, retains the obligation to review
investments or make investment suggestions.
Beneficiary may release her power to control trust investments by written instrument
delivered to the Trustee and may reassume the power at any time by written instrument delivered
to the Trustee. If the Beneficiary dies or the Trustee receives certificates of two state licensed
physicians that Beneficiary cannot exercise any of these powers, Beneficiary shall be deemed to
have released the powers and the Trustee shall have full power to take any such action, subject
to the terms and conditions of the Prudent Investor Rule. Beneficiary shall be deemed to
10
have reassumed the powers if the Trustee receives certificates from two licensed physicians that
Beneficiary has recovered the ability to exercise the powers.
Beneficiary acting under this clause shall be deemed to have waived the doctor-patient
privilege to the extent necessary to implement this clause. Failure of physician to comply with
the Trustee in requests for information shall be deemed to be a release of the Beneficiary's
retained authority to review accounts and make investment suggestion until such time as
the physician complies. Any person may transact business with the Trustee without inquiring
whether the Beneficiary has directed the action and without inquiring whether the Settlor has
relinquished or become unable to exercise the power.
(B) _Incorooration of Prudent Investor Rules Unless otherwise directed herein,
the Trustee shall be subject to the Prudent Investor Rule (the "PHi") as adopted by the
Commonwealth of Pennsylvania at 20 Pa.C.S.A~ §7201 et. seq., as hereby enacted or
subsequently amended, to manage and invest the assets of the trust.
The Settlors desire that the Trustee, consistent with the standards of the PIR,
continuously assess the appropriate investment risk tolerance of the trust beneficiaries, and then
invest the trust assets consistent with the purposes, terms, and other circumstances of the
Trust and shall pursue an overall investment strategy reasonably suited to the Trust and
the expressed intent of the Settlors.
The Settlors believe, consistent with modem portfolio theory, that the trust total
investment return will be determined primarily by the trust's asset allocation; not market timing
or active management in security selection. The Settlors believe that the trust should diversify its
investments with regard to assets classes and individual securities to avoid uncompensated risk.
The Settlors do not intend to prohibit the Trustee from engaging in active management of
trust assets where the Trustee reasonably believes active management can aid in achieving the
desired balance between risk and return and the intent of the Trust.
(C) Creation of Investment Policy Statement. The Settlors direct that any Trustee,
in managing and investing the assets of the trust estate, establish, in writing, an appropriate
investment policy statement. The investment policy statement shall be reviewed and updated at
least annually. In making the investment policy statement, the Trustee shall consider and
the Beneficiary shall address such issues as: the size of the trust assets; the intended
duration of the trust; liquidity demands and schedules; the duration of the fiduciary
relationship; the expected tax consequences of decisions and distributions between income
and principal; the role each investment will play in the overall investment strategy; the
special value or relationship of any particular asset to the overall intent of the trust; and, to
the extent reasonably known, the income and resources of the beneficiaries and related
trusts.
11
(D) Employment ofand Delegation to Investment A~ent. The Trustee may retain
any professional investment counsel of the Trustee's choice or delegate investment
responsibilities to any professional investment agent for any reason and regardless of the
Trustee's own skills concerning investments; provided, however, a counsel so selected shall be
either registered as an investment adviser with the U.S. Securities and Exchange Commission or
a state chartered or national bank with fiduciary powers. If investment counsel is retained, the
Trustee shall abide by the counsel's decision but shall .not be held liable or otherwise surcharged
for losses directly attributable to investments made on the investment counsel's advise. While
the Trustee retains investment counsel, the Trustee shall not be required to review trust
investments or take action on trust investments unless the Trustee receives written instructions
from investment counsel. The Trustee may, but shall not be required to demand a bond
from any professional investment counsel or agent.
The Trustee shall have the power exercisable in the Trustee's discretion to discharge such
investment counsel and to employ other counsel or to administer the trust without such counsel.
Consistent with the standards of the PIR, the Trustee shall have the responsibility to prudently
select any investment counsel, to periodically review the performance of any investment counsel
and to take appropriate action if apprized of facts clearly indicating that counsel is not
performing competently. Furthermore, the Trustee shall not be held liable for any actions of
the professional investment counsel or agent provided that the Trustee has exercised
reasonable care in selecting such agent or counsel and has established a specific scope and
term of delegation or responsibility for such professional counsel or agent.
(E) Nonliability of Settlors for Directed Investments. The Settlors shall not be
liable to any beneficiary or to any heir for the Beneficiary's acts or failure to act, except for
willful misconduct or gross negligence, in directing the investments of the trust.
(F) Beneficiary Directed Investments. Upon the death of the Beneficiary, the
Trustee shall assume responsibility of investment management. However, the then-current
income beneficiaries may select, in writing delivered to the Trustee, either the investments or the
investment counsel for the Trust, provided that all income beneficiaries must agree to such listed
investments and counsel in writing to the Trustee under such terms and conditions as the Trustee
may require including but not limited to indemnification agreements. If the income beneficiaries
under the Trust assume or otherwise accept such responsibility, then the Trustee shall be exempt
from claims of the remaindermen for the investment decisions made by such beneficiaries or
their investment counsel.
6.02. General Powers, In addition to such other powers and duties as may have been
granted elsewhere in this Trust, but subject to any limitations contained elsewhere in this Trust,
the Trustee shall have the following powers and duties:
(A)
In the management, care and disposition of this Trust, the Trustee shall have the
12
power to do all things and to execute such deeds, mortgages, instruments, and documents as may
be deemed necessary and proper, including the following powers, 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, at any time held or acquired hereunder, at public or private sale, for
cash or on terms, without advertisement, including the right to lease for any term
notwithstanding the period of the Trust, and to grant options, including an option
for a period beyond the duration of the Trust; and to execute such deeds or other
instruments as are necessary.
(2) To invest and reinvest all or any part of the Trust Estate in any
common or preferred stocks, shares of investment trusts and investment
companies, bonds, debentures, mortgages, deeds of trust, mortgage participations,
notes, real estate, or other property the Trustee, in the Trustee's discretion, selects;
provided that the Trustee may not invest in any stock or securities issued by the
corporate Trustee or issued by a parent or affiliate company of such Trustee; in the
manner that, under the circumstances then prevailing (specifically including, but
not limited to, the general economic conditions and the anticipated needs of the
Trust and its beneficiaries), persons of skill, prudence, and diligence, acting in a
similar capacity and familiar with those matters would use in the conduct of an
enterprise of similar character and similar aims, to attain the Settlor's goals under
this trust agreement.
(3) To retain for investment any property deposited with the Trustee
hereunder.
(4) To vote in person or by proxy any corporate stock or other security
and to agree to or take any other action in regard to any reorganization, merger,
consolidation, liquidation, bankruptcy or other procedure or proceedings affecting
any stock, bond, note or other security held by this Trust.
(5) To use lawyers, real estate brokers, accountants and other agents, if
such employment is deemed necessary or desirable, and to pay reasonable
compensation for their services.
(6) To compromise, settle or adjust any claim or demand by or against the
Trust and to agree to any rescission or modification of any contract or agreement
affecting the Trust.
(7) To renew any indebtedness, as well as to borrow money, and to secure
the same by mortgaging, pledging or conveying any property of the Trust,
13
including the power to borrow from the Trustee (in the Trustee's individual
capacity) at a reasonable rate of interest.
(8) To retain any business interest transferred to the trustee, as
shareholder, security holder, creditor, partner or otherwise, for any period of time
whatsoever, even though the interest may constitute all or a large portion of the
trust principal; to comply with the provisions of any agreement restricting transfer
of the interest; to participate in the conduct of the related business or rely upon
others to do so, and to take or delegate to others discretionary power to take any
action with respect to its management and affairs which an individual could take
as outright owner of the business or the business interest, including the voting of
stock (by separate trust or otherwise regardless of whether that separate trust will
extend for a term within or beyond the term of the trust) and the determination of
all questions of policy; to execute and amend partnership agreements; to
participate in any incorporation, reorganization, merger, consolidation, sale of
assets, recapitalization, liquidation or dissolution of the business, or any change in
its nature, or in any buy-sell, stock restriction, or stock redemption agreements; to
invest in additional stock or securities of, or make secured, unsecured, or
subordinated loans to, the business with trust funds; to take all appropriate actions
to prevent identify, or respond to actual or threatened violations of any
environmental law or regulation thereunder; to elect or employ with
compensation, as directors, officers, employees, or agents of the business, any
persons, including a trustee of any trust held under this instrument, or any d~rec,.or,
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 ora 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 ora 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) fiat any time the total fair market value of the assets of any trust established or to
be established hereunder is so small that the Trustee's annual fee for administering the trust
would be equal to or less than the minimum annual fee set forth in the Trustee's regularly
published fee schedule then, in effect, the Trustee in its discretion shall be authorized to
terminate such trust or to decide not to establish such trust, and in such event the property then
held in or to be distributed to such trust shall be distributed to the persons who are then or v~outd
be entitled to the principal and/or income of such trust. If the amount of principal and/or income
to be received by such persons is to be determined in the discretion of the Trustee, then the
Trustee shall distribute the property among such of the persons to whom the Trustee is authorized
to distribute principal and/or income, and in such proportions, as the Trustee in its discretion
shall determine.
(F) The Trustee shall be authorized to lend or borrow at an adequate rate of interest
and with adequate security and upon such terms and conditions as the Trustee shall deem fair and
equitable.
(G) The Trustee shall be authorized to sell or purchase, at the fair market value as
determined by the Trustee, any Trust property.
(H) The Trustee shall have discretion to determine whether items should be charged or
credited to income or principal or allocated between income and principal as Trustee may deem
equitable and fair under all the circumstances, including the power to amortize or fail to amortize
any part or all of any premium or discount, to treat any part or all of the profit resulting 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 and principal, to charge any
expense against income or principal or apportion the same, and to provide or fail to provide a
reasonable reserve against depreciation or obsolescence on any asset subject to depreciation or
obsolescence, all as the Trustee may reasonably deem equitable and just under all of the
circumstances.
(I) The Trustee is hereby authorized and empowered to purchase such insurance
policies as it deems appropriate.
6.03. Voting by Trustees. When the authority and power under this Trust is vested in
two (2) or more Trustees or Co-Trustees, the authority and powers are to be held jointly or
individually by the Trustees or Co-Trustees.
6.04. Trustees Power to Deal with Environmental 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 its own
accord or in response to an actual or threatened violation of any environmental law or regulation
thereunder; (iii) institute legal proceedings concerning environmental hazards or contest or settle
legal proceedings brought by any local, state, or federal agency concerned with environmental
compliance, or by a private litigant; (iv) comply with any local, state or federal agency order or
court order directing an assessment, abatement or cleanup of any environmental hazards; and (v)
employ agents, consultants and legal counsel to assist or perform the above undertakings or
actions. Any expenses incurred by the trustee under this paragraph may be charged against
income or principal as the trustee shall determine.
ARTICLE VII.
SPENDTHRIFT PROVISION
7.01. General Provisions, No beneficiary shall have the power to anticipate, encumber
or transfer his interest in the Trust Estate in any manner other than by the valid exercise of a
Power of Appointment. No part &the Trust Estate shall be liable for or charged with any debts,
contracts, liabilities or torts of a beneficiary or subject to seizure or other process by any creditors
16
of a beneficiary, including but not limited to creditors who are public or private entities with
claims arising from the provision of medical and/or residential care and services.
ARTICLE VIII,
CONSTRUCTION OF TRUST
8.01. Choice of Law. This Trust shall be administered and interpreted in accordance
with the laws of the Commonwealth of Pennsylvania.
8.02. Code. Unless othenvise stated, all references in this Trust to section and chapter
numbers are to those of the Internal Revenue Code of 1986, as amended, or corresponding
provisions of any subsequent federal tax laws applicable to this Trust.
8.03. Other Terms. Unless the context Otherwise requires, the use of one or more
genders in the text includes all other genders, and the use of either the singular or the plural in the
text includes both the singular and the plural.
8.04. Exoneration of Truste,-. 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 Distributio,. 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.
8.06. Captions. The underlined captions set forth in this Agreement at the beginning of
the various divisions hereof are for convenience of reference only and shall not be deemed to
define or limit the provisions hereof or to affect in any way their construction and application.
8.07. Situs of Trust. The Trust shall have its legal situs at Cumberland County,
Pennsylvania.
ARTICLE IX.
COMPENSATION OF TRUSTEE AND
APPOINTMENT OF SUCCESSOR TRUSTEE
9.01. ~. The Trustee shall receive as its compensation for the services
performed hereunder that sum of money which the Trustee normally and customarily charges for
17
performing similar services during the time which it performs these services.
9.02. Removal of Trustee. The Beneficiary, ERIKA L. SWARTZENTRUBER, may
remove the Trustee at any time or times, with or without cause, upon thirty (30) days' written
notice given to the current Trustee. Upon the removal of the Trustee, a successor Trustee shall
be appointed in accordance with the terms set forth in Paragraph 9.03.
9.03. .S. uccessor Truste~. The Trustee may resign at any time upon thirty (30) days'
written notice given to the Settlors, DEIRDRE ANN FOX and DALE M.
SWARTZENTRUBER and the Beneficiary, ERIKA L. SWARTZENTRUBER. Upon the
death, resignation, removal or incapacity of the Trustee, a successor trustee may be appointed by
the Beneficiary, ERIKA L. SWARTZENTRUBER. The successor Trustee shall be a
financially sound and competent corporate Trustee. Any successor trustee thus appointed, or, if
the Trustee shall merge with or be consolidated with another corporate fiduciary, then such
corporate fiduciary, shah succeed to all the duties 'and to ah the powers, including discretionary
powers, herein granted to the Trustee.
ARTICLE X.
PERPETUITIES CLAUSE
10.01. General Provisions. Notwithstanding anything to the contrary in this Trust, each
disposition the Settlors have made here, legal or equitable, to the extent it can be referred in its
postponement of becoming a vested interest to a duration measured by some life or lives in being
at the time of the Beneficiary ERIKA L. SWARTZENTRUBER,s death is definitely to vest in
interest, although not necessarily in possession, not later than twenty-one (21) years at~er such
lives (and any period of gestation involved); or, to the extent it cannot be referred in any such
postponement to such lives, is to so vest not later than twenty-one (21) years from the time of
ERIKA L. SWARTZENTRUBER,s death.
IN WITNESS WHEREOF, the Settlors and Trustee have hereunto set their hands and
seals as of/~day and year first above written.
DEIRDRE ANN~OX~ SI~TTLOR
DALE M. SWARTZENTRUBER~SETTLOR
18
COMMONWEALTH OF PENNSYLVANIA
COUNTY OV t d
SS:
On this, the/~/~b~ay of March, 2000, before me, a Notary Public, the undersigned
officer, personally appeared LOWELL R. GATES, known to me (or satisfactorily proven) to be
a member of the bar of the highest court of said State and a subscribing witness to the within
trust agreement, and certified that he was personally present when DEIRDRE ANN FOX and
the above witnesses, whose names are subscribed to the within trust agreement executed the
same, and that said persons acknowledged that they executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public --
My Commission Expires:
Notadal Seal
Traci L. Sepkovic, Notary Public
Lemoyne Bom, Cumberland County
My Commission Expires July 7, 2003
Member, Pennsylvania Association o/Notaries
STATE OF ILLINOIS
COUNTY OF
SS:
On this, the P,q day of March, 2000, before me, a Notary Public, the undersigned
officer, personally appeared DALE M. SWARTZENTRUBER, whose name is subscribed to
the within instrument and who executed the same, and that said person acknowledged that he
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
"OFFICIAL SEAL,,
CAROL L. WILLIAMS
. Notary Public, State of Illinois
My Commission Expires Feb. 5, 20..0!
Notary Public
My Commission Expires: .2 - 3--0 /
19
The foregoing Trust Agreemem was delivered, and is hereby accepted, at Lemoyne,
Pennsylvania, on the .~/ day of March, 2000.
ATTEST:
COMMUNITY TRUST COMPANY,
TRUSTEE
SENIOR VICE-PRESIDENT AND
TRUST MANAGER
2O
SCHEDULE "A"
SCHEDULE
REFERRED TO IN THE ANNEXED
TRUST AGREEMENT
DATED MARCHa~_, 2000
FROM DEIRDRE ANN FOX
AND DALE M. SWARTZENTRUBER, SE'VFLORS
TO COMMUNITY TRUST COMPANY, TRUSTEE
PROPERTY DESCRIPTION:
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS COURT DIVISION
FIRST AND FINAL ACCOUNT OF
Community Trust Company, the Trustee
For
TRUST OF ERIKA L. SWARTZENTRUBER (Special Needs Trust),
Start of Trust:
Date of Appointment~
Accounting for the Period:
March 31, 2000
March 31, 2000
March 31, 2000 to
December 31, 2001
Purpose of Account: Community Trust Company, Trustee, offers
this account to acquaint interested parties with the
transactions that have occurred during his/her administration.
It is important that the account be carefully examined.
Requests for additional information, or questions, or
objections, can be discussed with,:
Bridget M. Whitley, Esq.
Keefer, Wood, Allen & Rahal
210 Walnut Street
PO Box 11963
Harrisburg, PA 17108-1963
(717) 255 - 8000
Principal
Receipts
Net Loss on Sales or Other
Disposition
Summary of Account
Page
3
4
Less Disbursements:
Administration Expenses
Fees and Commissions
Balance Before Distributions
Distributions to Beneficiaries
Principal Balance on Hand
For Information:
Investments Made
Changes in Investment Holdings
Income
Receipts
Sales or Other Dispositions
Less Disbursements:
Administration Expenses
Balance Before Distributions
Distributions to Beneficiaries
Income Balance on Hand
Combined Balance on Hand
For Information:
Investments Made
Changes in Investment Holdings
Principal Unpaid Expenses
9 $
12
3O
32
33
39
43 $
44
50
51
51
31
65.00
19~165.60
21 .52
714,915.05
258,354.03
456,561.02
19,230.60
437,330.42
160~911 .24
276,419.18
$ 5,929.43
0.00
5,929.43
21.52
$ 5,907.91
5~632.07
275.84
$ 276,695.02
$ 1 23,208.88
(1)
Total Balance on Hand
Checking/Savinqs Accounts
Commerce Bank
Money Market/CMA Accounts
Alliance Capital Reserves
Annuities
Jackson National Life
Insurance Company Annuity
Inventory
Value
$ 16,752.27
109,942.75
150,000.00
$ 276,695.02
Total
Page 1 (2)
Receipts of Principal
Assets Received by the Trustee as of
03/31/2000 Date of Inception of Trust.
Cash
Initial principal of trust
donated by Deirdre Ann Fox and
Dale M. Swartzentruber
Total Cash
Total Inventory
Receipts Subsequent to Inventory
03/29/2001
Additional contribution to
trust made by Dale
Swartzentruber
0~/18/2001
Additional cash contributed by
Dale Swartzentruber
05/02/2001
Additional contribution by
Deirdre Fox
Total Subsequent Receipts
Total Receipts of Principal
691 ~ 91 5.05
$
$
10,000.00
3,000.00
10~000.00
$
$
Inventory
Value
03/31/2000
691~915.05
691~915.05
23~000.00
714,915.05
Page 1 (3)
Gains and Losses on Sales or Other Dispositions
Date Description
05/05/2000 Exchange:
300 Shs.
MCI Worldcom Inc.
Name changed from MCI
Worldcom, Inc. to Worldcom
Inc. GA New
For
300 Shs.
Worldcom, Inc. GA New
Net Proceeds $
Carried at
12,549.00
12f549.00
10/05/2000 Spin Off:
Net Gain
Lucent Technologies, Inc.
Spin-off of Avaya, Inc. from
Lucent Technologies, Inc.
To
41.6667 Shs.
Avaya, Inc.
Net Proceeds $
Carried at
1,527.75
1~527.75
10/06/2000 Sale:
0.6667 Shs.
Avaya, Inc.
Cash in lieu of fractional
share
Inventoried @ $
Net Proceeds
11/16/2000 Sale:
500 Shs.
Safeguard Scientific Inc.
Inventoried @ $
Net Proceeds
24.45
10.51
23,742.75
6f913.26
02/15/2001 Exchange-
200 Shs.
SDL, Inc.
JDS Uniphase shares received
upon merger with SDL, Inc.
For
380 Shs.
JDS Uniphase Corp.
Net Proceeds $ 30,811.50
Carried at 30~811.50
Net Loss
13.94
16,829.49
Page 1 (4)
Date
Gains and Losses on Sales or Other Dispositions (Continued)
Description Net Gain Net Loss
03/29/2001 Collection:
Additional contribution to
trust made by Dale
Swartzentruber
Deposit cash to trust cash
account
Net Proceeds $ 10,000.00
Carried at 10~000.00
04/18/2001 Collection:
Additional cash contributed by
Dale Swartzentruber
Deposit of cash contribution
to trust cash account
Net Proceeds $ 3,000.00
Carried at 3,000.00
05/02/2001 Collection:
Additional contribution by
Deirdre Fox
Deposit of cash contribution
to trust cash account
Net Proceeds $ 10,000.00
Carried at 10~000.00
06/14/2001 Spin Off:
Worldcom, Inc. GA New
Distribution of MCI Tracking
stock by WCOM
To
12 Shs.
MCI Tracking stock
Net Proceeds
Carried at
08/16/2001 Sale:
400
Altera Corp.
Inventoried @ $
Net Proceeds
Shs .
488.16
488.16
18,149.00
12~215.59
08/17/2001 Sale:
300 Shs.
Applied Materials, Inc.
Inventoried @ $ 29,786.50
Net Proceeds 13~313.55
5,933.41
16,472.95
Page 2 (5)
Gains and Losses on Sales or Other Dispositions (Continued)
Date Description Net Gain
Net Loss
08/17/2001 Sale:
41
Avaya, Inc.
Inventoried @ $
Net Proceeds
Shs
1,503.30
453.63
08/17/2001 Sale:
300 Shs
Digital Island, Inc.
Inventoried @ $
Net Proceeds
9,099.00
989.96
08/17/2001 Sale:
800 Shs
Ericsson LM Tel Co. ADR
Inventoried @ $ 16,199.00
Net Proceeds 4~343.85
08/17/2001 Sale:
300 Shs
Fleetboston Financial Corp.
Inventoried @ $ 11,911.50
Net Proceeds 11~210.62
08/17/2001 Sale:
400 Shs
Intel Corp., common
Inventoried @ $
Net Proceeds
08/17/2001 Sale:
960 Shs
JDS Uniphase Corp.
Inventoried @ $
Net Proceeds
24,061.50
12f159.59
50,885.50
8,644.51
08/17/2001 Sale:
500 Shs
Lucent Technologies, Inc.
Inventoried @ $ 26,371.25
Net Proceeds 3,220.89
08/17/2001 Sale:
600 Shs
Nextel Communications, Inc.
Class A
Inventoried @ $ 31,999.00
Net Proceeds 8~705.70
1,049 67
8,109 04
11,855 15
700 88
11,901 91
42,240 99
23,150 36
23,293.30
Page 3 (6)
Gains and Losses on Sales or Other Dispositions (Continued)
Date Description Net Gain
Net Loss
08/17/2001 Sale:
800 Shs.
Nortel Networks Corp.
Inventoried @ $
Net Proceeds
08/17/2001 Sale:
300 Shs.
Procter & Gamble Co.
Net Proceeds
Inventoried @
08/17/2001 Sale:
300 Shs.
Redback Networks, Inc.
Inventoried @ $
Net Proceeds
42,574.00
5f719.80
21,710.27
21f567.75 $
19,899.00
1~817.93
08/17/2001 Sale:
300 Shs.
SBA Communications Corp.,
Class A
Inventoried @ $
Net Proceeds
08/17/2001 Sale:
200 Shs.
12,005.25
5~375.82
Scientific Atlanta, Inc.
Inventoried @ $ 12,774.00
Net Proceeds 5~271.82
08/17/2001 Sale:
300 Shs.
Siebel Systems, Inc.
Inventoried @ $
Net Proceeds
08/17/2001 Sale:
300 Shs.
Siebel Systems, Inc.
Inventoried @ $
Net Proceeds
08/17/2001 Sale:
300 Shs.
Worldcom, Inc. GA New
Inventoried @ $
Net Proceeds
18,330.75
8~520.72
18,330.75
8~521.71
12,060.84
4,160.86
142.52
36,854.20
18,081 .07
6,629.43
7,502.18
9,810.03
9,809.04
7,899.98
Page 4 (7)
Gains and Losses on Sales or Other Dispositions (Continued)
Date Description Net Gain
Net Loss
08/17/2001 Sale:
12 Shs.
MCI Tracking stock
Inventoried @ $
Net Proceeds
488.16
128.63
359.53
Total Gains and Losses
Less Gain
Net Loss
142.52 $
258,496.55
142.52
$ 258,354.03
Page 5 (8)
Date
Paid
04/17/2000
05/01/2000
09/11/2000
02/15/2001
08/15/2001
04/12/2000
06/01/2000
06/08/2000
07/12/2000
07/12/2000
08/14/2000
Disbursements of Principal
Administration Expenses
Pershing Securities
Miscellaneous fee paid to
custodian
Pershing Securities
Wire transfer fee
Commerce Bank
Wire transfer fee
Pershing Securities
Reorganization fee in
connection with SDL Inc.
merger with JDS Uniphase
Commerce Bank
Mail courier fee
Total Administration Expenses
Fees and Commissions
Community Trust Company
Trustee fee for month ending
3/31/00
Community Trust Company
Trustee fee for month ending
4/30/00
Community Trust Company
Trustee fee for month ending
5/31/oo
Community Trust Company
Trustee fee for month ending
6/30/00
National Planning Corporation
Management fee
Community Trust Company
Trustee fee for month ending
7/31/00
13.00
17.00
17.00
5.00
13.00
733.59
766.40
683.08
650.93
1,936.72
687.04
Amount
Paid
65.00
Page 1 (9)
Date
Paid
09/11/2000
10/12/2000
10/19/2000
11/08/2000
12/12/2000
Ol/lO/2OOl
01/23/2001
02/09/2001
03/13/2001
04/11/2001
04/20/2001
05/09/2001
Disbursements of Principal
Fees and Commissions
Community Trust Company
Trustee fee for month ending
8/31/00
Community Trust Company
Trustee fee for month ending
9/30/00
National Planning Corporation
Management fee
Community Trust Company
Trustee fee for month ending
10/31/00
Community Trust Company
Trustee fee for month ending
11/30/00
Community Trust Company
Trustee fee for month ending
12/31/00
National Planning Corporation
Management fee
Community Trust Company
Trustee fee for month ending
1/31/01
Community Trust Company
Trustee fee for month ending
2/28/01
Community Trust Company
Trustee fee for month ending
3/31/01
National Planning Corporation
Management fee
Community Trust Company
Trustee fee for month ending
4/30/01
(Continued)
735.39
647.24
1,634.47
578.69
471.04
435.81
925.42
467.15
361.57
323.75
581.03
342.08
Amount
Paid
Page 2 (10)
Date
Paid
06/14/2001
07/13/2001
07/16/2001
O8/lO/2OOl
09/13/2001
10/11/2001
10/18/2001
11/13/2001
12/14/2001
12/24/2001
Disbursements of Principal (Continued)
Fees and Commissions
Community Trust Company
Trustee fee for month ending
5/31/01
Community Trust Company
Trustee fee for month ending
6/30/01
National Planning Corporation
Management fee
Community Trust Company
Trustee fee for month ending
7/31/01
Community Trust Company
Trustee fee for month ending
8/31/01
Community Trust Company
Trustee fee for month ending
9/30/01
National Planning Corporation
Management fee
Community Trust Company
Trustee fee for month ending
10/31/01
Community Trust Company
Trustee fee for month ending
11/30/01
Keefer, Wood, Allen & Rahal,
LLP
Fees and disbursements in
connection with preparation of
the First and Final Accounting
Total Fees and Commissions
Total Principal Disbursements
330.18
311.23
614.80
298.67
289.46
287.88
505.60
261.11
257.53
3~047.74
Amount
Paid
19¢165.60
19,230.60
Page 3 (11)
Distributions of Principal to Beneficiaries
Distribution Value
Pursuant to "Article 5.01(c)" Under the Trust,
the following distributions were made to:
Erika L. Swartzentruber
04/28/2000 Cash
Distribution f/b/o
beneficiary; paid to MBNA
America
19,952.84
04/28/2000 Cash
Distribution f/b/o
beneficiary; paid to Bryant &
Associates
250.00
04/28/2000 Cash
Distribution f/b/o
beneficiary; paid to Laventry
Law Office
85.82
04/28/2000 Cash
Distribution f/b/o
beneficiary; paid to Centre
Psychology Group
125.00
04/28/2000 Cash
Distribution f/b/o
beneficiary; paid to CBCS
180.00
04/28/2000 Cash
Distribution f/b/o
beneficiary; paid to
Progessive Auto Insurance
139.58
04/28/2000 Cash
Distribution f/b/o
beneficiary; paid to Centre
Equine Practice
1,200.00
04/28/2000 Cash
Distribution f/b/o
beneficiary; paid to Allegheny
Power for electric service
59.00
04/28/2000 Cash
Distribution f/b/o
beneficiary; paid to Columbia
Gas of Pennsylvania for gas
service
197.66
Page 1 (12)
Distributions of Principal to Beneficiaries (Continued)
Distribution Value
(Continued from previous page)
04/28/2000 Cash
Distribution f/b/o
beneficiary; paid to Bell
Atlantic PA
54.04
05/05/2000 Cash
Distribution f/b/o
beneficiary; paid to PNC Bank
for payoff of account
19,378.82
05/05/2000 Cash
Distribution f/b/o
beneficiary; paid to PNC Bank
for payoff of account
18,689.32
05/05/2000 Cash
Distribution f/b/o
beneficiary; paid to Pleasant
Glen for monthly rent of
apartment and storage garage
610.00
05/25/2000 Cash
Distribution f/b/o
beneficiary; paid to Allegheny
Power for electric service
58.00
05/25/2000 Cash
Distribution f/b/o
beneficiary; paid to Columbia
Gas of Pennsylvania for gas
service
59.95
05/25/2000 Cash
Distribution f/b/o
beneficiary; paid to Pleasant
Glen for monthly rent on
apartment and storage garage
610.00
05/31/2000 Cash
Distribution f/b/o
beneficiary; paid to
Progressive Northern Insurance
Company for automobile
insurance
159.22
Page 2 (13)
Distributions of Principal to Beneficiaries (Continued)
Distribution Value
(Continued from previous page)
06/02/2000 Cash
Distribution f/b/o
beneficiary; paid to Margaret
Holsinger for in-home nursing
services
$ 300.00
06/06/2000 Cash
Distribution f/b/o
beneficiary; paid to CPO2
Billing Center
06/06/2000 Cash
Distribution f/b/o
beneficiary; paid to AT & T
Cable Services
163.00
103.23
06/08/2000 Cash
Distribution f/b/o
beneficiary; paid to
Progressive Northern Insurance
Company for automobile
insurance
169.75
06/12/2000 Cash
Distribution f/b/o
beneficiary; paid to Allegheny
Power for electric service
61 .72
06/26/2000 Cash
Distribution f/b/o
beneficiary; paid to Columbia
Gas of Pennsylvania
06/26/2000 Cash
Distribution f/b/o
beneficiary; paid to Pleasant
Glen for apartment and storage
garage rent
06/30/2000 Cash
Distribution f/b/o
beneficiary; paid to Margaret
Holsinger for in-home nursing
services
30.96
610.00
300.00
Page 3 (14)
Distributions of Principal to Beneficiaries (Continued)
(Continued from previous page)
07/12/2000 Cash
Distribution f/b/o
beneficiary; paid to Allegheny
Power for electric service
Distribution Value
53.00
07/14/2000 Cash
Distribution f/b/o
beneficiary; paid to Bell
Atlantic-PA
50.28
07/25/2000 Cash
Distribution f/b/o
beneficiary; paid to Columbia
Gas of Pennsylvania
30.12
07/25/2000 Cash
Distribution f/b/o
beneficiary; paid to Pleasant
Glen for apartment and storage
garage rent
610.00
08/02/2000 Cash
Distribution f/b/o
beneficiary; paid to Margaret
Holsinger for in-home nursing
services
300.00
08/03/2000 Cash
Distribution f/b/o
beneficiary; paid to
Progressive Northern Insurance
Company for automobile
insurance
190.28
08/14/2000 Cash
Distribution f/b/o
beneficiary; paid to Allegheny
Power
52.00
08/14/2000 Cash
Distribution f/b/o
beneficiary; paid to Bell
Atlantic-PA
51 .07
Page 4 (15)
Distributions of Principal to Beneficiaries (Continued)
Distribution Value
(Continued from previous page)
08/15/2000 Cash
Distribution f/b/o
beneficiary; paid to
Heilig-Meyers for purchase of
reclining chair
673.05
08/15/2000 Cash
Distribution to beneficiary
08/25/2000 Cash
Distribution f/b/o
beneficiary; paid to Pleasant
Glen for apartment and storage
garage rent
09/01/2000 Cash
Distribution f/b/o
beneficiary; paid to Margaret
Holsinger for in-home nursing
services
200.00
610.00
300.00
09/05/2000 Cash
Distribution f/b/o
beneficiary; paid to
Progressive Northern Insurance
Company for automobile
insurance premium
09/06/2000 Cash
Distribution f/b/o
beneficiary; paid to AT&T for
cable television service
174.75
135.23
09/12/2000 Cash
Distribution f/b/o
beneficiary; paid to Allegheny
Power
54.00
09/14/2000 Cash
Distribution f/b/o
beneficiary; paid to Verizon
09/25/2000 Cash
Distribution f/b/o
beneficiary; paid to Columbia
Gas of Pennsylvania
52.19
30.13
Page 5 (16)
Distributions of Principal to Beneficiaries (Continued)
(Continued from previous page)
09/25/2000 Cash $
Distribution f/b/o
beneficiary; paid to Pleasant
Glen for monthly rent on
apartment and storage garage
09/29/2000 Cash
Distribution f/b/o
beneficiary; paid to AT & T
for cable service
Distribution Value
610.00
36.80
10/03/2000 Cash
Distribution f/b/o
beneficiary; paid to Gairy H.
Thom for purchase of computer
12/04/2000 Cash
Distribution f/b/o
beneficiary; paid to
Progressive Northern Insurance
Company for automobile
insurance premium
12/04/2000 Cash
Distribution f/b/o
beneficiary; paid to Jennifer
Nadonicek for massage therapy
12/04/2000 Cash
Distribution f/b/o
beneficiary; paid to Margaret
Holsinger for in-home nursing
services
5,000.00
174.75
270.00
300.00
12/26/2000 Cash
Distribution f/b/o
beneficiary; paid to Columbia
Gas of Pennsylvania
12/26/2000 Cash
Distribution f/b/o
beneficiary; paid to Pleasant
Glen for apartment and storage
garage rent
124.62
610.00
Page 6 (17)
Distributions of Principal to Beneficiaries (Continued)
Distribution Value
(Continued from previous page)
12/29/2000 Cash
Distribution f/b/o
beneficiary; paid to AT & T
for cable television service
58.50
01/02/2001 Cash
Distribution f/b/o
beneficiary; paid to Jennifer
Nadonicek for massage therapy
270.00
01/02/2001 Cash
Distribution f/b/o
beneficiary; paid to Margaret
Holsinger for in-home nursing
services
300.00
01/08/2001 Cash
Distribution f/b/o
beneficiary; paid to
Progressive Northern Insurance
Company for automobile
insurance premium
01/10/2001 Cash
Distribution f/b/o
beneficiary; paid to Household
Credit Services for Mastercard
account
233.75
1,829.98
01/1 0/2001 Cash
Distribution f/b/o
beneficiary; paid to Allegheny
Power
54.00
01/12/2001 Cash
Distribution f/b/o
beneficiary; paid to Verizon
01/25/2001 Cash
Distribution f/b/o
beneficiary; paid to Columbia
Gas of Pennsylvania
01/25/2001 Cash
Distribution f/b/o
beneficiary; paid to Pleasant
Glen for apartment and storage
garage rent
27.85
162.23
610.00
Page 7 (18)
Distributions of Principal to Beneficiaries (Continued)
Distribution Value
(Continued from previous page)
01/31/2001 Cash
Distribution f/b/o
beneficiary; paid to AT & T'
for cable television service
67.38
02/01/2001 Cash
Distribution f/b/o
beneficiary; paid to Jennifer
Nadonicek for massage therapy
270.00
02/02/2001 Cash
Distribution f/b/o
beneficiary; paid to Margaret
Holsinger for in-home nursing
services
300.00
02/06/2001 Cash
Distribution f/b/o
beneficiary; paid to
Progressive Northern Insurance
Company for automobile
insurance premium
164.64
02/08/2001 Cash
Distribution f/b/o
beneficiary; paid to Household
Credit Services for Mastercard
account
1,210.18
02/12/2001 Cash
Distribution f/b/o
beneficiary; paid to Allegheny
Power
55.00
02/14/2001 Cash
Distribution f/b/o
beneficiary; paid to Verizon
35.35
02/23/2001 Cash
Distribution f/b/o
beneficiary; paid to Columbia
Gas of Pennsylvania
133.32
02/23/2001 Cash
Distribution f/b/o
beneficiary; paid to Pleasant
Glen for apartment and storage
garage rent
610.00
Page 8 (19)
Distributions of Principal to Beneficiaries (Continued)
(Continued from previous page)
02/28/2001 Cash
Distribution f/b/o
beneficiary; paid to AT & T
for cable television service
Distribution Value
58.40
03/01/2001 Cash
Distribution f/b/o
beneficiary; paid to Jennifer
Nadonicek for massage therapy
03/02/2001 Cash
Distribution f/b/o
beneficiary; paid to Margaret
Holsinger for in-home nursing
services
270.00
300.00
03/29/2001 Cash
Distribution f/b/o
beneficiary; paid to Theresa
Rider for attendant care
services rendered while
beneficiary in vocational
rehabilitation
250.00
03/30/2001 Cash
Distribution f/b/o
beneficiary; paid to AT & T
for cable television service
03/30/2001 Cash
Distribution f/b/o
beneficiary; paid to Household
Credit Services for Mastercard
account
67.28
685.26
04/02/2001 Cash
Distribution f/b/o
beneficiary; paid to Jennifer
Nadonicek for massage therapy
04/02/2001 Cash
Distribution f/b/o
beneficiary; paid to Margaret
Holsinger for in-home nursing
services
270.00
300.00
Page 9 (20)
Distributions of Principal to Beneficiaries (Continued)
Distribution Value
(Continued from previous page)
04/03/2001 Cash
Distribution f/b/o
beneficiary; paid to
Progressive Northern Insurance
Company for automobile
insurance premium
04/18/2001 Cash
Distribution f/b/o
beneficiary; paid to Allegheny
Power
164.70
54.00
04/25/2001 Cash
Distribution f/b/o
beneficiary; paid to Columbia
Gas of Pennsylvania
04/25/2001 Cash
Distribution f/b/o
beneficiary; paid to Pleasant
Glen for apartment and storage
garage rent
04/30/2001 Cash
Distribution f/b/o
beneficiary; paid to AT & T
for cable television service
113.33
610.00
71 .72
05/02/2001 Cash
Distribution f/b/o
beneficiary; paid to Household
Credit Services for Mastercard
account
3,251.00
05/02/2001 Cash
Distribution f/b/o
beneficiary; paid to Jennifer
Nadonicek for massage therapy
05/02/2001 Cash
Distribution f/b/o
beneficiary; paid to Margaret
Holsinger for in-home nursing
services
270.00
300.00
Page 1 0 ( 21 )
Distributions of Principal to Beneficiaries (Continued)
Distribution Value
(Continued from previous page)
05/03/2001 Cash
Distribution f/b/o
beneficiary; paid to
Progressive Northern Insurance
Company for automobile
insurance premium
05/11/2001 Cash
Distribution f/b/o
beneficiary; paid to Allegheny
Power
164.70
56.00
05/14/2001 Cash
Distribution f/b/o
beneficiary; paid to Verizon
05/24/2001 Cash
Distribution f/b/o
beneficiary; paid to Columbia
Gas of Pennsylvania
05/24/2001 Cash
Distribution f/b/o
beneficiary; paid to Pleasant
Glen for apartment and storage
garage rent
05/31/2001 Cash
Distribution f/b/o
beneficiary; paid to AT & T
for cable television service
37.69
90.19
610.00
58.40
05/31/2001 Cash
Distribution f/b/o
beneficiary; paid to Household
Credit Services for Mastercard
account
1 ,716.06
06/01/2001 Cash
Distribution f/b/o
beneficiary; paid to Jennifer
Nadonicek for massage therapy
06/01/2001 Cash
Distribution f/b/o
beneficiary; paid to Margaret
Holsinger for in-home nursing
services
270.00
300.00
Page 11 (22)
Distributions of Principal to Beneficiaries (Continued)
(Continued from previous page)
06/05/2001 Cash
Distribution f/b/o
beneficiary; paid to
Progressive Northern Insurance
Company for automobile
insurance premium
Distribution Value
164.70
06/14/2001 Cash
Distribution f/b/o
beneficiary; paid to Center
for Travel for vacation
expenses including meals,
transporation and
accomodations
5,616.66
06/14/2001 Cash
Distribution f/b/o
beneficiary; paid to Allegheny
Power
53.00
06/14/2001 Cash
Distribution f/b/o
beneficiary; paid to
AT &T@Home
122.25
06/14/2001 Cash
Distribution f/b/o
beneficiary; paid to Verizon
39.22
06/25/2001 Cash
Distribution f/b/o
beneficiary; paid to Columbia
Gas of Pennsylvania
56.32
06/25/2001 Cash
Distribution f/b/o
beneficiary; paid to Pleasant
Glen for apartment and storage
garage rent
610.00
06/29/2001 Cash
Distribution f/b/o
beneficiary; paid to AT & T
for cable television service
71 .72
Page 1 2 ( 23 )
Distributions of Principal to Beneficiaries (Continued)
(Continued from previous page)
07/03/2001 Cash
Distribution f/b/o
beneficiary; paid to Jennifer
Nadonicek for massage therapy
07/03/2001 Cash
Distribution f/b/o
beneficiary; paid to Margaret
Holsinger for in-home nursing
services
Distribution Value
270.00
300.00
07/05/2001 Cash
Distribution f/b/o
beneficiary; paid to
Progressive Northern Insurance
Company for automobile
insurance premium
164.70
07/16/2001 Cash
Distribution f/b/o
beneficiary; paid to Verizon
39.36
07/26/2001 Cash
Distribution f/b/o
beneficiary; paid to Pleasant
Glen for apartment and storage
garage rent
610.00
08/01/2001 Cash
Distribution f/b/o
beneficiary; paid to AT & T
for cable television service
62.84
08/02/2001 Cash
Distribution f/b/o
beneficiary; paid to Jennifer
Nadonicek for massage therapy
08/02/2001 Cash
Distribution f/b/o
beneficiary; paid to Margaret
Holsinger for in-home nursing
services
270.00
300.00
Page 1 3 ( 24 )
Distributions of Principal to Beneficiaries (Continued)
(Continued from previous page)
08/06/2001 Cash
Distribution f/b/o
beneficiary; paid to
Progressive Northern Insurance
Company for automobile
insurance premium
Distribution Value
164.70
08/14/2001 Cash
Distribution f/b/o
beneficiary; paid to Allegheny
Power
51 .00
08/14/2001 Cash
Distribution f/b/o
beneficiary; paid to Verizon
44.28
08/21/2001 Cash
Distribution f/b/o
beneficiary; paid to Jeremy
Smutz as reimbursement for
various expenses, including
computer repair and clothing
purchases
1,200.00
08/30/2001 Cash
Distribution f/b/o
beneficiary; paid to AT & T
for cable television service
62.84
09/25/2001 Cash
Distribution f/b/o
beneficiary; paid to Pleasant
Glen for apartment and storage
garage rental
610.00
10/03/2001 Cash
Distribution f/b/o
beneficiary; paid to Jennifer
Nadonicek for massage therapy
10/03/2001 Cash
Distribution f/b/o
beneficiary; paid to Margaret
Holsinger for in-home nursing
services
270.00
300.00
Page 14 (25)
Distributions of Principal to Beneficiaries (Continued)
Distribution Value
(Continued from previous page)
10/12/2001 Cash
Distribution f/b/o
beneficiary; paid to Lisa
Hunsicker for in-home nursing
services
992.00
10/12/2001 Cash
Distribution f/b/o
beneficiary; paid to Linda
Hanson for in-home nursing
services
200.00
10/12/2001 Cash
Distribution to beneficiary
for gifts purchased for others
1,850.00
10/12/2001 Cash
Distribution f/b/o
beneficiary; paid to Allegheny
Power for electric service
51 .00
10/12/2001 Cash
Distribution f/b/o
beneficiary; paid to Verizon
for telephone service
45.36
10/25/2001 Cash
Distribution f/b/o
beneficiary; paid to Pleasant
Glen for monthly rent on
apartment and storage garage
10/31/2001 Cash
Distribution f/b/o
beneficiary; paid to Lisa
Hunsicker for in-home nursing
services
625.00
500.00
11/02/2001 Cash
Distribution f/b/o
beneficiary; paid to Linda
Hanson for in-home nursing
care
200.00
Page 15 (26)
Distributions of Principal to Beneficiaries (Continued)
(Continued from previous page)
11/02/2001 Cash
Distribution f/b/o
beneficiary; paid to Jennifer
Nadonicek for massage therapy
11/07/2001 Cash
Distribution f/b/o
beneficiary; paid to Lisa
Hunsicker for in-home nursing
services
Distribution Value
270.00
300.00
11/21/2001 Cash
Distribution f/b/o
beneficiary; paid to Lisa
Hunsicker for in-home nursing
care
300.00
11/26/2001 Cash
Distribution f/b/o
beneficiary; paid to Pheasant
Glen for monthly rental of
apartment and storage garage
11/30/2001 Cash
Distribution f/b/o
beneficiary; paid to AT & T
11/30/2001 Cash
Distribution f/b/o
beneficiary; paid to AT & T
@Home
625.00
62.84
40.75
11/30/2001 Cash
Reimbursement for expenses
paid for Palm Pilot, winter
coat, sheets, comforter and
vacuum cleaner
970.00
12/03/2001 Cash
Distribution f/b/o
beneficiary; paid to Linda
Hanson for in-home nursing
care
200.00
Page 16 (27)
Distributions of Principal to Beneficiaries (Continued)
Distribution Value
(Continued from previous page)
12/03/2001 Cash
Distribution f/b/o
beneficiary; paid to Jennifer
Nadonicek for massage therapy
270.00
12/05/2001 Cash
Distribution f/b/o
beneficiary; paid to Lisa
Hunsicker for in-home nursing
care
300.00
12/05/2001 Cash
Distribution f/b/o
beneficiary; paid to
Progressive Norther Insurance
Co. for monthly auto insurance
premium
164.70
12/14/2001 Cash
Distribution f/b/o
beneficiary; paid to Allegheny
Power
51 .00
12/14/2001 Cash
Distribution f/b/o
beneficiary; paid to Verizon
43.91
12/19/2001 Cash
Distribution f/b/o
beneficiary; paid to Lisa
Hunsicker for in-home nursing
care
300.00
12/20/2001 Cash
Distribution to beneficiary
for Christmas gifts
500.00
12/26/2001 Cash
Distribution f/b/o beneficary;
paid to Pheasant Glen for
monthly rent due on apartment
and storage garage
Pursuant to "Article 5.02" Under the Trust,
the following distributions were made to:
625.00
$ 111,911.24
Page 17 (28)
Distributions of Principal to Beneficiaries (Continued)
Distribution Value
(Continued from previous page)
Dale M. Swartzentruber
05/01/2000 Cash
Exercise of general power of
appointment
$ 32,000.00
Pursuant to "Article 5.04" Under the Trust,
the followinq distributions were made to:
Violet Sims
05/05/2000 Cash
Exercise of special power of
appointment by Erika
Swartzentruber
10,000.00
Cheryl Adams
05/05/2000 Cash
Exercise of special power of
appointment by Erika
Swartzentruber
5,000.00
Linda Hanson
05/05/2000 Cash
Exercise of special power of
appointment by Erika
Swartzentruber
1,500.00
James Urie, Jr. and Carlethia
Ruley
09/11/2000 Cash
Exercise of special power of
appointment by Erika
Swartzentruber
500.00
Total Distributions of Principal to Beneficiaries
$ 160,911.24
Page 18 (29)
Principal Balance on Hand
Checking/Savings Accounts
Commerce Bank
Money Market/CMA Accounts
Alliance Capital Reserves
Fair Market
Value as of
12/31/2001
16,666.49 $
109,752.69
Inventory
Value
16,666.49
109,752.69
Annuities
Jackson National Life
Insurance Company Annuity
Total Principal Balance
115,133.44
241,552.62 $
150f000.00
276,419.18
Page 1 (30)
Date
12/31/2001
12/31/2001
12/31/2001
Unpaid Principal Expenses
Attorney Fees
Gates, Halbruner & Hatch, PA
Attorney fees in connection
with creation, funding and
protection of the Trust
Total Attorney Fees Expenses
Miscellaneous Expenses
State of New Jersey
Medicaid reimbursement claim
pending against Erika L.
Swartzentruber. The state's
right to recover this amount
is in dispute. The claim is
listed here to apprise the
Court and the successor
trustee of its existence, and
the possibility that the claim
may be asserted against the
Trust at some future time.
Commonwealth of Pennsylvania
Medicaid reimbursement claim
pending against Erika L.
Swartzentruber. The state's
right to recover this amount
is in dispute. The claim is
listed here to apprise the
Court and the successor
trustee of its existence, and
the possibility that the claim
may be asserted against the
Trust at some future time.
Total Miscellaneous
Total Unpaid Principal Expenses
Amount
9~281.00
9f281 .00
32,474.97
81 f 452.91
113~927.88
123,208.88
Page 1 (31)
Information Schedules - Principal
Investments Made
Altera Corp.
05/19/2000 200
Shs.
Applied Materials~ Inc.
04/1 7/2000 200 Shs.
04/1 7/2000 1 00 Shs.
Digital Island~ Inc.
04/28/2000 200 Shs.
04/28/2000 100 Shs
Ericsson LM Tel Co. ADR
04/17/2000 200 Shs
Fleetboston Financial Corp.
04/17/2000 300 Shs
Intel Corp., common
05/19/2000 200 Shs
JDS Uniphase Corp.
04/17/2000 200 Shs
Lucent Technoloqies~ Inc.
04/17/2000 500 Shs
MCI Worldcom Inc.
04/17/2000 300 Shs
Nextel Communications, Inc.
Class A
04/28/2000 100 Shs.
04/28/2000 200 Shs.
Nortel Networks Corp.
04/17/2000 400 Shs.
Procter & Gamble Co.
04/17/2000 300 Shs.
Redback Networks~ Inc.
04/28/2000 200 Shs.
04/28/2000 100 Shs.
SBA Communications Corp.,
Class A
04/28/2000 300 Shs.
Cost
18,149.00
19,829.83
9,956.67
6,067.33
3,031 67
16,199 00
11,911 50
24,061 50
20,074 00
27,899 00
12,549 00
10,623.17
21 , 375 . 83
42,574.00
21 , 567.75
13,267.33
6,631.67
12,005.25
Page 1 (32)
Information Schedules - Principal (Continued)
Investments Made
SDLf Inc.
04/17/2000 1 00 Shs.
04/1 7/2000 I 00 Shs.
Cost
Safeguard Scientific Inc.
04/17/2000 500 Shs.
Scientific Atlantaf Inc.
05/01/2000 200 Shs.
Siebel Systems~ Inc.
05/03/2000 100 Shs.
05/03/2000 200 Shs.
Jackson National Life
Insurance Company Annuity
06/09/2000
$ 15,414.00
15,397.50
23,742.75
12,774.00
12,223.17
24,438.33
150,000.00
551,763.25
Total Principal Investments
Changes in Investment Holdings
Altera Corp.
05/19/2000 200 Shs. Purchased
18,149.00
200 Shs.
08/16/2000 200 Shs.
On Hand $
2 for 1 stock split on 7/26/00
18,149.00
0.00
400 Shs.
08/16/2001 (400) Shs.
On Hand $
Sold
Applied Materials~ Inc.
04/1 7/2000 200 Shs.
04/17/2000 100 Shs.
Purchased $
Purchased
18,149.00
(18,149.00)
19,829.83
9,956.67
300 Shs.
08/17/2001 (300) Shs.
On Hand $
Sold
Avaya~ Inc.
10/05/2000 41 .6667 Shs.
Rec'd. as Spin Off
29,786.50
(29,786.50)
1,527.75
Page 2 (33)
10/06/2000
Information Schedules - Principal (Continued)
Changes in Investment Holdings Cost
(Continued from previous page) From
Lucent Technologies, Inc.
(0.6667)Shs. Sold
Cash in lieu of fractional
share $
(24.45)
08/17/2001
41 Shs. On Hand $
(41) Shs. Sold
1,503.30
(1,503.30)
Digital Islandf Inc.
04/28/2000 200 Shs.
04/28/2000 100 Shs.
Purchased $
Purchased
6,067.33
3,031.67
300 Shs.
08/17/2001 (300) Shs.
On Hand $
Sold
Ericsson LM Tel Co. ADR
04/17/2000 200 Shs. Purchased
9,099.00
(9,099.00)
16,199.00
200 Shs.
05/11/2000 600 Shs.
On Hand $
4 for 1 stock split on 5/10/00
16,199.00
0.00
800 Shs.
08/17/2001 (800) Shs.
On Hand
Sold
Fleetboston Financial Corp.
04/17/2000 300 Shs. Purchased
08/17/2001 (300) Shs. Sold
Intel Corp., common
05/19/2000 200 Shs.
Purchased $
16,199.00
(16,199.00)
$ 11,911.50
(11,911.50)
24,061 .50
200 Shs.
08/03/2000 200 Shs.
On Hand $
2 for 1 stock split on 7/31/00
24,061 .50
0.00
400 Shs.
08/1 7/2001 ( 400 ) Shs.
On Hand $
Sold
24,061.50
(24,061.50)
Page 3 (34)
Information Schedules - Principal (Continued)
Changes in Investment Holdings
JDS Uniphase Corp.
04/17/2000 200 Shs. Purchased $
Cost
20,074.00
200 Shs. On Hand
02/15/2001 380 Shs. Rec'd. as Exchange
For
SDL, Inc.
20,074.00
15,405.75
580 Shs. On Hand
02/15/2001 380 Shs. Rec'd. as Exchange
For
SDL, Inc.
35,479.75
15,405.75
960 Shs. On Hand $
08/17/2001 (960) Shs. Sold
50,885.50
(5O,885.5O)
Lucent Technologies~ Inc.
04/17/2000 500 Shs. Purchased $
10/05/2000 0 Shs. Spin Off
Spin-off of Avaya, Inc. from
Lucent Technologies, Inc.
To
Avaya, Inc.
27,899.00
(1,527.75)
500 Shs. On Hand $
08/17/2001 (500) Shs. Sold
MCI Tracking stock
06/14/2001 12 Shs. Rec'd. as Spin Off $
From
Worldcom, Inc. GA New
Sold
08/17/2001 (12) Shs.
MCI Worldcom Inc.
04/17/2000 300 Shs. Purchased $
05/05/2000 (300) Shs. Exchanged
Name changed from MCI
Worldcom, Inc. to Worldcom
Inc. GA New
For
Worldcom, Inc. GA New
26,371.25
(26,371.25)
488.16
(488.16)
12,549.00
(12,549.00)
Page 4 (35)
Information Schedules - Principal (Continued)
Changes in Investment Holdinqs
Nextel Communications, Inc.
Class A
04/28/2000 100 Shs. Purchased
04/28/2000 200 Shs. Purchased
Cost
10,623.17
21,375.83
300 Shs.
06/12/2000 300 Shs.
On Hand $
2 for 1 stock split on 5/26/00
31,999.00
0.00
600 Shs.
08/17/2001 (600) Shs.
Nortel Networks Corp.
04/1 7/2000 400 Shs.
On Hand $
Sold
Purchased $
31,999.00
(31,999.00)
42,574.00
400 Shs.
05/11/2000 400 Shs.
On Hand $
2 for 1 stock split on 5/5/00
42,574.00
0.00
800 Shs.
08/17/2001 (800) Shs.
On Hand
Sold
Procter & Gamble Co.
04/1 7/2000 300 Shs.
08/17/2001 (300) Shs.
Purchased $
Sold
42,574.00
(42,574.00)
21,567.75
(21,567.75)
Redback Networks~ Inc.
04/28/2000 200 Shs.
04/28/2000 100 Shs.
Purchased $
Purchased
13,267.33
6,631.67
300 Shs.
08/17/2001 (300) Shs.
On Hand $
Sold
19,899.00
(19,899.00)
SBA Communications Corp.,
Class A
04/28/2000 300 Shs. Purchased
08/17/2001 (300) Shs. Sold
12,005.25
(12,005.25)
Page 5 (36)
Information Schedules - Principal (Continued)
Changes in Investment Holdings
SDLf Inc.
04/17/2000 100 Shs. Purchased $
04/17/2000 100 Shs. Purchased
Cost
15,414.00
15,397.50
200 Shs.
02/15/2001 (200) Shs.
On Hand $
Exchanged
JDS Uniphase shares received
upon merger with SDL, Inc.
For
JDS Uniphase Corp.
30,811.50
(30,811 .50)
Safeguard Scientific Inc.
04/17/2000 ' 500 Shs. Purchased
11/16/2000 (500) Shs. Sold
Scientific Atlantaf Inc.
05/01/2000 200 Shs.
08/17/2001 (200) Shs.
Purchased
Sold
Siebel Systems, Inc.
05/03/2000 100 Shs.
05/03/2000 200 Shs.
Purchased $
Purchased
23,742.75
(23,742.75)
12,774.00
(12,774.00)
12,223.17
24,438.33
300 Shs.
08/18/2000 300 Shs.
On Hand $
2 for 1 stock split on 9/14/00
36,661 .50
0.00
08/17/2001
600 Shs. On Hand
(300) Shs. Sold
300 Shs. On Hand
(300) Shs. Sold
36,661 .50
(18,330.75)
o8/17/2OOl
Worldcom~ Inc. GA New
05/05/2000 300 Shs.
06/1 4/2001 0 Shs.
Rec'd. as Exchange $
For
MCI Worldcom Inc.
Spin Off
Distribution of MCI Tracking
stock by WCOM
18,330.75
(18,330.75)
12,549.00
(488.16)
Page 6 (37)
Information Schedules - Principal (Continued)
Changes in Investment Holdings
(Continued from previous page)
To
MCI Tracking stock
300 Shs. On Hand $
08/17/2001 (300) Shs. Sold
Jackson National Life
Insurance Company Annuity
06/09/2000 Purchased
Cost
On Hand
12,060.84
(12,060.84)
$ 150,000.00
$ 150,000.00
Page 7 (38)
Receipts of Income
Ericsson LM Tel Co. ADR
04/17/01 Dividend on
8O0
Shs. $
39.18
Fleetboston Financial
07/03/00 Dividend on
10/o2/oo
01/03/01
04/02/01
07/02/01
Corp.
300
Shs. $
90.00
90.00
99.00
99.00
99.00
Intel Corp. f common
09/01/00 Dividend on
12/Ol/OO
03/01/01
06/01/01
09/01 /01 Dividend on
400
0
Shs .
Shs.
8.00
8.00
8.00
8.00
8.00
Lucent Technoloqies~
06/01/00 Dividend on
09/01/00
12/01/00
03/01/01
06/01/01
Inc.
500
Shs. $
10.00
10.00
10.00
10.00
10.00
Nortel Networks Corp.
07/03/00 Dividend on
10/02/00
12/29/00
04/02/01
06/29/01
8OO
Shs. $
15.00
15.00
15.00
15.00
15.00
Procter & Gamble Co.
05/15/00 Dividend on
o8/15/oo
11/15/00
02/15/01
o5/15/Ol
08/13/01
300
Shs. $
96
105
105
105
105
114
00
00
00
00
00
00
Scientific Atlantaf Inc.
06/1 6/00 Dividend on
09/18/00
12/15/00
03/16/01
06/15/01
200
Shs. $
2.00
2.00
2.00
2.00
2.00
Commerce Bank
04/30/00 Interest
05/31/00 Interest
133.87
22.85
39.18
477.00
40.00
50.00
75.00
630.00
10.00
Page 1 (39)
Receipts of Income
06/30/00
07/31/00
08/31/00
09/30/00
10/31/00
11/30/00
12/31/00
01/31/01
02/28/01
03/31/01
04/30/01
05/31/01
06/30/01
07/31/01
08/31/01
09/30/01
10/31/01
11/30/01
12/31/01
(Continued
Interest
Interest
Interest
Interest
Interest
Interest
Interest
Interest
Interest
Interest
Interest
Interest
Interest
Interest
Interest
Interest
Interest
Interest
Interest
from previous
page)
Alliance
04/14/00
o5/15/oo
06/15/00
07/14/00
o8/15/oo
Capital Reserves
Dividend
Interest
Interest
Interest
Interest
09/15
10/06
10/19
12/29
01/12
02/15/01
03/1 5 /01
04/12/01
05/15/01
06/15/01
07/13/01
08/15/01
09/14/01
10/15/01
11/15/Ol
12/31/01
/00 Interest
/00 Interest
/00 Interest
/00 Interest
/01 Interest
Interest
Interest
Interest
Interest
Interest
Interest
Interest
Dividend
Interest
Dividend
Dividend
Federated Government
Obligations Fund
03/31/01 Dividend
04/30/01 Dividend
05/31/01 Dividend
(Continued)
27 92
10 88
817
4 55
15 72
13 31
10 81
6 89
2 33
0 36
0 73
3 95
1 96
1 00
0 39
1 74
4 30
3 98
1 69
1,048 63
1,229 44
559 18
88 69
84 92
85 52
38 09
0 41
43 78
14 59
25 93
21 27
21 13
18 01
15 93
13 62
12 06
281 85
244 74
188 31
190 06
3.26
30.22
27.61
277.40
4,226.16
Page 2 (40)
Receipts of Income (Continued)
(Continued from previous page)
06/30/01 Dividend
07/31/01 Dividend
08/31/01 Dividend
09/30/01 Dividend
10/31/01 Dividend
Total Receipts of Income
16.19
9.14
8.65
7.40
2.22 $
104.69
$ 5,929.43
Page 3 (41)
Date
Gains and Losses on Sales or Other Dispositions
of Income Assets
Description Net Gain
Net Loss
Total Gains and Losses
$ o.oo $
0.00
Page 1 (42)
Date
Paid
07/03/2000
10/02/2000
11/20/2000
12/29/2000
04/02/2001
04/17/2001
06/29/2001
Disbursements of Income
Administration Expenses
Pershing Securities
Deduction for foreign taxes
due on dividend paid by Nortel
Networks Corp. New stock $
Pershing Securities
Foreign taxes paid on Nortel
Networks Corp. dividend
Pershing Securities
Interest charged on overdraft
of Alliance Capital Reserves
account
Pershing Securities
Foreign tax on Nortel Networks
Corp. dividend
Pershing Securities
Foreign tax on Nortel Networks
dividend
Pershing Securities
Foreign tax on Ericsson LM Tel
Co dividend
Pershing Securities
Foreign tax on Nortel Networks
Corp. dividend
Total Administration Expenses
Total Income Disbursements
2.25
2.25
4.39
2.25
2.25
5.88
2.25
Amount
Paid
$ 21 .52
$ 21 .52
Page 1 (43)
Distributions of Income to Beneficiaries
Distribution Value
Pursuant to "Article 5.01(c)" Under the Trust,
the following distributions were made to:
Erika L. Swartzentruber
06/02/2000 Cash
Distribution f/b/o
beneficiary; paid to Sprint
5.58
06/02/2000 Cash
Distribution f/b/o
beneficiary; paid to Bell
Atlantic-PA
101 .76
06/06/2000 Cash
Distribution f/b/o
beneficiary; paid to Drs.
Goldberg & Kaplan
28.91
06/30/2000 Cash
Distribution f/b/o
beneficiary; paid to Sprint
1 .86
07/31/2000 Cash
Distribution f/b/o
beneficiary; paid to Sprint
1 .83
08/25/2000 Cash
Distribution f/b/o
beneficiary; paid to Columbia
Gas of Pennsylvania
27.37
10/02/2000 Cash
Distribution f/b/o
beneficiary; paid to Margaret
Holsinger for in-home nursing
services
300.00
10/03/2000 Cash
Distribution f/b/o
beneficiary; paid to
Progressive Northern Insurance
Company for automobile
insurance premium
174.75
10/13/2000 Cash
Distribution f/b/o
beneficiary; paid to Allegheny
Power
54.00
Page 1 (44)
Distributions of Income to Beneficiaries (Continued)
(Continued from previous page)
10/13/2000 Cash $
Distribution f/b/o
beneficiary; paid to Verizon
53.61
Distribution Value
10/25/2000 Cash
Distribution f/b/o
beneficiary; paid to Columbia
Gas of Pennsylvania
10/25/2000 Cash
Distribution f/b/o
beneficiary; paid to Pleasent
Glen for apartment and storage
garage rent
72.31
610.00
10/31/2000 Cash
Distribution f/b/o
beneficiary; paid to AT & T
for cable television service
11/01/2000 Cash
Distribution f/b/o
beneficiary; paid to Jennifer
Nadonicek for massage therapy
11/02/2000 Cash
Distribution f/b/o
beneficiary; paid to Margaret
Holsinger for in-home nursing
services
58.50
135.00
300.00
11/03/2000 Cash
Distribution f/b/o
beneficiary; paid to
Progressive Northern Insurance
Company for automobile
insurance premium
11/13/2000 Cash
Distribution f/b/o
beneficiary; paid to Allegheny
Power
174.75
54.00
11/14/2000 Cash
Distribution f/b/o
beneficiary; paid to Verizon
50.69
Page 2 (45)
Distributions of Income to Beneficiaries (Continued)
Distribution Value
(Continued from previous page)
11/20/2000 Cash
Distribution f/b/o
beneficiary; paid to Jeremy
Smutz for purchase of
Christmas gifts
500.00
11/24/2000 Cash
Distribution f/b/o
beneficiary; paid to Columbia
Gas of Pennsylvania
15.40
11/24/2000 Cash
Distribution f/b/o
beneficiary; paid to Pleasant
Glen for apartment and storage
garage rent
610.00
11/30/2000 Cash
Distribution f/b/o
beneficiary; paid to AT & T
for cable television service
114.09
12/12/2000 Cash
Distribution f/b/o
beneficiary; paid to Allegheny
Power
55.00
12/14/2000 Cash
Distribution f/b/o
beneficiary; paid to Verizon
48.22
04/18/2001 Cash
Distribution f/b/o
beneficiary; paid to Verizon
34.47
07/1 6/2001 Cash
Distribution f/b/o
beneficiary; paid to Allegheny
Power
51 .00
07/26/2001 Cash
Distribution f/b/o
beneficiary; paid to Columbia
Gas of Pennsylvania
30.38
Page 3 (46)
Distributions of Income to Beneficiaries (Continued)
Distribution Value
(Continued from previous page)
09/12/2001 Cash
Distribution f/b/o
beneficiary; paid to
Progressive Northern Insurance
Company for automobile
insurance premium
09/12/2001 Cash
Distribution f/b/o
beneficiary; paid to Jennifer
Nadonicek for massage therapy
09/12/2001 Cash
Distribution f/b/o
beneficiary; paid to Margaret
Holsinger for in-home nursing
services
164.70
270.00
300.00
09/17/2001 Cash
Distribution f/b/o
beneficiary; paid to Allegheny
Power
52.00
09/17/2001 Cash
Distribution f/b/o
beneficiary; paid to Verizon
09/25/2001 Cash
Distribution f/b/o
beneficiary; paid to Columbia
Gas of Pennsylvania
10/01/2001 Cash
Distribution f/b/o
beneficiary; paid to AT & T
for cable service.
40.24
31 .78
62.84
10/01/2001 Cash
Distribution f/b/o
beneficiary; paid to AT & T
@Home
81 .50
Page 4 (47)
Distributions of Income to Beneficiaries (Continued)
(Continued from previous page)
10/03/2001 Cash
Distribution f/b/o
beneficiary; paid to
Progessive Norther Insurance
Company for automobile
insurance premium
$ 164.70
Distribution Value
10/12/2001 Cash
Distribution to beneficiary
for eyeglasses
140.00
10/25/2001 Cash
Distribution f/b/o
beneficiary; paid to Colombia
Gass of Pennsylvania
10/31/2001 Cash
Distribution to beneficiary
for gift to goddaughter
10/31/2001 Cash
Distribution f/b/o
beneficiary; paid to AT & T
for cable service
64.28
90.00
62.84
10/31/2001 Cash
Distribution f/b/o
beneficiary; paid to AT & T
@Home
40.75
11/02/2001 Cash
Distribution f/b/o
beneficiary; paid to
Progressive Norther Insurance
Company for monthly auto
insurance premium
11/14/2001 Cash
Distribution f/b/o
beneficiary; paid to Allegheny
Power
164.70
51 .00
11/14/2001 Cash
Distribution f/b/o
beneficiary; paid to Verizon
37.53
Page 5 (48)
Distributions of Income to Beneficiaries (Continued)
Distribution Value
(Continued from previous page)
11/26/2001 Cash
Distribution f/b/o
beneficiary; paid to Columbia
Gas of Pennsylvania
22.35
12/26/2001 Cash
Distribution f/b/o beneficary;
paid to Columbia Gas of
Pennsylvania
12/31/2001 Cash
Distribution f/b/o benficiary;
paid to AT & T
60.10
67.28
$ 5,632.07
Total Distributions of Income to Beneficiaries
$ 5,632.07
Page 6 (49)
Income Balance on Hand
Checkinq/Savinqs Accounts
Commerce Bank
Fair Market
Value as of
12/31/2001
Inventory
Value
$ 85.78 $ 85.78
Money Market/CMA Accounts
Alliance Capihal Reserves
Total Income Balance
190.06
275.84
190.06
275.84
Page 1 (50)
Information Schedules - Income
Investments Made
Cost
Total Income Investment
Changes in Investment Holdings
$ 0.00
Page 1 (51)
Date
Unpaid Income Expenses
Amount
Total Unpaid Income Expenses
0.00
Page 1 (52)
COMMONWEALTH OF PENNSYLVANIA )
)
COUNTY OF CUMBERLAND )
Susan A. Russell, Vice President, for Community Trust Company, Trustee, under the
Trust of Erika L. Swartzentruber (Special Needs Trust), hereby declares under penalty of perjury
that she has fully and faithfully discharged the duties of her office; that the foregoing First and
Final Account is true and correct and fully discloses all significant transactions occurring
during the accounting period; that all known claims against the Trust have been paid in full; that,
to her knowledge, there are no claims now outstanding against the Trust; and that all taxes
presently due from the Trust have been paid.
Community Trust Company
Trustee
Su-~n A. Russell
Title: Vice President
Subscribed and Sworn to
by Community Trust Company before me
this~ov day of J~-*,-,,-~,4~ 2002
/ fl '
. . ~ ~ RJer, No~ Public
Ham~en Iwp., Cure. Hand Coun~;~
My Comml~ion ~pims July ~2, 20~4
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