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HomeMy WebLinkAbout01-27-12IN RE: GEORGE H. IN THE COURT OF COMMON PLEA F d PLOUGH TRUST CUMBERLAND COUNTY, PENN',; IA ORPHANS' COURT DIVISION °n° _ NO. 21-11-758 e,' PETITION TO DETERMINE THE BENEFICIARIES AND THEIR RESPECT1WE SHARES OF THE GEORGE H. PLOUGH TRUST AND NOW, comes Petitioner, the Trustee of the George H. Plough Trust, by and through BARIC SCHERER LLC, and filed this Petition to Determine the Beneficiaries and Their Respective Shares of George H. Plough Trust and, in support thereof, sets forth the following: On July 24, 2002, George H. Plough, Settlor, executed The George H. Plough Trust Agreement, a true and correct copy of which is attached hereto and incorporated as Exhibit Kv 2. Item 4.03 of Trust Agreement provides, that the trust "... shall be distributed to the beneficiaries according to their shares as identified on Schedule `B" attached hereto, as may be amended from time to time ...." 3. No procedure for amending Schedule B was identified in the Trust Agreement, 4. George H. Plough, died June 15, 2010 and upon his death Tony Santana a/k/a Antonio Santana become the successor Trustee of The George H. Plough Trust. 5. Trustee, Antonio Santana, obtained an original Trust Agreement from Attorney Craig A. Hatch. Attached to the Trust Agreement was a Schedule B which is attached hereto and incorporated as Exhibit `B ". 6. Trustee, Antonio Santana, discovered another original Trust Agreement among the decedent's personal belongings. Attached to the Trust Agreement was another Schedule B which is attached hereto and incorporated as Exhibit "C ". 7. Six of the eight listed charitable beneficiaries were identical on both Schedules B. 8. Hand written changes were made to Schedule B as shown in Exhibit "C ". 9. The beneficiary Life for Today, also known as Life Today, on Exhibit `B" was changed to Perry Stone (Manna Fest), also known as Perry Stone Ministries on Exhibit "C ". 10. The beneficiary Save the Children on Exhibit `B" was changed to Feed the Children on Exhibit "C ". 11. Settlor, George H. Plough, did not initial or sign the Schedules B and Trustee, Antonio Santana, is unaware of who is responsible for said changes. 12. Life Today is a television show owned and produced by Life Outreach International, a non -profit corporation. 13. Perry Stone (Manna Fest) is a television show owned and produced by Voice of Evangelism Outreach Ministries, a non - profit corporation. 14. Life Outreach International has chosen to make no claim against the George H. Plough Trust for the bequest to Life for Today, because Life Outreach is also identified as a 1/8 beneficiary of the Trust on both Schedules B. Life Outreach International has consented to the 1/8 distribution to be distributed to Voice of Evangelism Outreach Ministries, the consent is attached hereto and is incorporated as Exhibit "D ". 15. Voice of Evangelism Outreach Ministries agrees to accept the 1/8 distribution from said Trust. Voice of Evangelism Outreach Ministries has consented to this petition, said consent is attached hereto and is incorporated as Exhibit "E ". 16. Save the Children and Feed the Children have agreed to split the 1/8 distribution, equally. Consent to this petition by Save the Children is attached hereto and incorporated as Exhibit "F ". Consent to this petition by Feed the Children is attached hereto and incorporated as Exhibit "G ". 17. All beneficiaries under both Schedules B are charities defined under Section 501(c)(3) of the Internal Revenue Code. 18. The Attorney General's office has been notified of this petition and has provided a letter approving this petition, the list of beneficiaries and their respective shares of The George H. Plough Trust. A true and correct copy of the Attorney General's letter is attached hereto as Exhibit "H" and is incorporated by reference. 19. 42 Pa.C.S.A. §7535 (1) permits a trustee to request a declaration of rights "[t]o ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others." 20. 42 Pa.C.S.A. §7535 (3) permits a trustee to request a declaration of rights "[t]o determine any question arising in the administration of the ... trust, including questions of construction of wills and other writings. 21. Petitioner seeks the Court's determination as to the beneficiaries of The George H. Plough Trust and the approval of the agreement reached by the affected charities as to the proper amounts of each beneficiary's distributable share of the trust estate. WHEREFORE, Petitioner requests this Court to declare the beneficiaries of the George H. Plough Trust and the amounts of each beneficiary's share of the trust estate under such terms and conditions as the Court may direct. Date: Respectfully submitted, LLC Tric D. Naylor, E u�re I.D. 83760 19 West South Street Carlisle, Pennsylvania 17013 (717) 249 -6873 VERIFICATION The statements in the foregoing Petition to Determine the Beneficiaries and Their Respective Shares of George H. Plough Trust are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsifications to authorities. DATE:/ Antonio Santana CERTIFICATE OF SERVICE I hereby certify that on the day of 2012, I, Tricia D. Naylor, Esquire for Baric Scherer LLC, did serve a copy of the Peti on to Determine The Beneficiaries and Their Respective Shares of the George H. Plough Trust, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Save The Children Benny Hinn Ministries Attn: Gloria J. Raymond P.O. Box 162000 54 Wilton Road Irving, TX 75016 Westport, CT 06880 Gods News Behind The News John Hagee Ministries Attn: Kay Vankoeuring Attn: Mark Dwyer 4354 First Avenue North 239 N. Loop 1604 West St. Petersburg, FL 33713 San Antonio, TX 78232 Hagerstown Rescue Mission Life Outreach International Attn: Becky Shank Attn: Vaughn Peak P.O. Box 685 P.O. Box 982000 Hagerstown, MD 21741 Ft. Worth, TX 76182 Life For Today Jack Van Impe Ministries c/o Life Outreach International Attn: Willia Derenge Attn: Vaughn Peak P.O. Box 7004 P.O. Box 982000 Troy, MI 48007 Ft. Worth, TX 76182 PerryStone (Manna Fest) Feed The Children Voice of Evangelism Outreach Ministries Attn: Bob Brown Attn: Susan Mason 333 North Meridian Avenue P.O. Box 3595 Oklahoma City, OK 73107 Cleveland, TN 37320 John L. Downing, Deputy Attorney General Charitable Trust And Organizations Section Office Of Attorney General 14th Floor, Strawberry Square Harrisburg, Pennsylvania 17120 a THE GEORGE H. PLOUGH TRUST THIS TRUST AGREEMENT is executed in triplicate on this 2: lday of July, 2002, by and between GEORGE H. PLOUGH, now of 407 Greenspring Road, Newville, Cumberland County, Pennsylvania, 17241 (hereinafter called "Settlor ") and GEORGE H. PLOUGH, now of 407 Greenspring Road, Newville, Cumberland County, Pennsylvania, 17241 (hereinafter called "Trustee "). ARTICLE I. TRUST ESTATE 1.01. Initial Principal. Settlor, desiring to establish a revocable trust, does hereby revocably transfer, assign and deliver to the Trustee and its successors, and assigns the assets listed on Schedule A, attached hereto and made a part hereof. As further evidence of such assignment, the Settlor has executed or will execute or cause to be executed such other instruments as may be required for the purposes of completing the assignment or transfer of title to such property to the Trustee. The Trustee accepts such transfer and assignment to himself as Trustee, and undertakes to hold, manage, invest and reinvest the assets of this Trust, and to distribute the income and principal of the Trust in accordance with the provisions of this Agreement. 1.02. Additional Principal. The Settlor and any other person or persons, with the consent of the Trustee, shall have the right at any time to make additions to the corpus of this Trust or any share thereof hereby established. All such additions shall be held, governed, and distributed by the Trustee in accordance with the terms and conditions of this Agreement. The Trustee, in its sole discretion, may require, as a prerequisite to accepting property, that the transferring party provide evidence satisfactory to the Trustee that (i) the property is not contaminated by any hazardous or toxic materials or substances; and (ii) the property is not being used and has never been used for any activities directly or indirectly involving the generation, use, treatment, storage, disposal, release or discharge of any hazardous or toxic materials or substances. 1.03. Disclaimer. The Trustee shall have the right to disclaim, in whole or in part, prior to its acceptance by the Trustee, any interests in property for any reason, including but not limited to a concern that such property could cause potential liability under any federal, state, or local environmental law. EXHIIBIT ARTICLE H. REVOCABILITY OF TRUST 2.01. Revocability. Settlor has been advised of the consequences of a revocable trust and hereby declares that this Trust shall be revocable and may or may not be altered, amended, revoked, or terminated by Settlor. ARTICLE M. LIFE INSURANCE POLICIES 3.01. General Provisions. If any insurance policies are transferred into this Trust, the Trustee shall be vested with all right, title, and interest in and to the transferred policies of insurance, and is authorized and.empowered to exercise and enjoy, for the purposes of the Trust herein created and as absolute owner of such policies of insurance, all the options, benefits, rights and privileges under such policies, including the right to borrow upon and to pledge them for a loan or loans. The Trustee takes all rights, title, and interest in and to the above stated insurance policies subject to any prior split - dollar life insurance agreement and assignments, which may be in effect at the time of transfer. The insurance companies which have issued policies are hereby authorized and directed to recognize the Trustee as absolute owner of such policies of insurance and as fully entitled to all options, rights, privileges, and interests under such policies, and any receipts, releases, and other instruments executed by the Trustee in connection with such policies shall be binding upon all persons interested in this Trust. The Settlor hereby relinquishes all rights, title, interest and powers in such policies of insurance which Settlor may own and which rights, title, interest and powers are not assignable, and will, at the request of the Trustee, execute all other instruments reasonably required to effectuate this relinquishment. 3.02. Payment of Premiums. The Trustee shall be under no obligation to pay the premiums which may become due and payable under the provisions of any policy of insurance which may be transferred or assigned to this Trust, or to make certain that such premiums are paid by the transferor of such policy, or to notify any persons of the nonpayment of such premiums, and the Trustee shall be under no responsibility or liability of any kind in case such premiums are not paid, except the Trustee shall apply any dividends received on such policies to the payment of premiums thereon. Upon notice at any time during the continuance of this Trust that the premiums due upon such policies are in default, or that premiums which will become due will not be paid, either by the transferor or by any other person, the Trustee, within his sole discretion, may apply any cash values attributable to such policy to the purchase of paid -up insurance or of extended insurance, or may borrow upon such policy for the payment of premiums due thereon, or may accept the cash values of such policy upon the policy's forfeiture. In the event that the Trustee receives the cash value of such policy upon its forfeiture for nonpayment of premiums, the amount received shall be added to the corpus of this Trust, and shall be administered according to the terms of this Agreement. If the insured under such policies of insurance, becomes totally and permanently disabled within the meaning of any policies and because thereof the payment of premiums, or any of them, shall during the pendency of such disability, be waived, the Trustee, upon receipt of such knowledge, shall promptly notify the insurance company which has issued such policies, and shall take any and all steps necessary to make such waiver of premium provision effective. 3.03. Duties of Trustee With Renard to Life Insurance Poficies. The Trustee shall be under no obligation or duty whatever except with respect to the safekeeping of such policies of insurance and the duty to receive such sums as may be paid to them, in accordance with the requirements of this Trust, by the companies issuing such policies, and to hold, manage and disburse such proceeds subject to the terms of this Agreement. Upon the death of the insured, the Trustee shall make reasonable efforts to carry out the provisions of this Agreement, including the maintenance or defense of any suit, provided, however, the Trustee shall be under no duty to maintain or enter into any litigation unless his expenses, including counsel fees and costs, have been advanced or guaranteed in an amount and in a manner reasonably satisfactory to the Trustee. The Trustee may repay any advances made by him or reimburse himself for any such fees and costs from any corpus or income of this Trust. ARTICLE IV. TRUST DISTRIBUTIONS 4.01. Trust Principal. The entire corpus of this Trust, including the assets initially transferred to this Trust, subsequent additions to this Trust, and the proceeds of any sale, exchange or investment of such Trust assets, shall be used for the purposes herein contained. 4.02. Income Distribution. During the Settlor's lifetime, the Trustee shall distribute all of the net income of the trust to, or for the benefit of the Settlor, GEORGE H. PLOUGH The Trustee may make distributions of principal to GEORGE H. PLOUGH as the Settlor may request or, if the Settlor is unable to request a distribution, so much as the Trustee may deem necessary and appzopriate to maintain the standard of living to which the Settlor has become accustomed. 4.03. Principal Distributions. Upon the death of the Settlor, GEORGE H. PLOUGH, the Trust shall terminate. Upon termination of the Trust, the remaining Trust estate shall be held, IN FURTHER TRUST, with the Trustee distributing the proceeds of the Trust estate in as equal shares as possible over a five (5) year period beginning one (1) year from the date of death of the Settlor until entirely distributed. The Trustees shall have complete discretion in the manner with which they determine the value of each distribution, but shall, in any event, complete the total distribution of this trust within five (5) years of the death of the Settlor. Each such distribution shall be distributed to the beneficiaries according to their shares as identified on Schedule `B" attached hereto, as may be amended from time to time, provided that any beneficiary on Schedule `B" must be a charity as that term is defined under the Code, section 501(c)(3), and provided further that such charity shall not be the Commonwealth of Pennsylvania, or any of its agencies or subdivisions, the United States of America, or any of its agencies or subdivisions, nor any other charity, institution or organization which provides services to the Settlor. The Settlor specifically prohibits the designation of a nursing facility as a designated charity. As part of the management of the Trust, the Settlor specifically intends that any Trustee shall, as a preliminary condition to the sale of the Settlor's residential real estate, unless such real estate is sold prior to the death of the Settlor, offer such real estate for purchase to TONY SANTANA for its assessed value less costs, fees and expenses of repairs to the residence. If TONY SANTANA fails to purchase such property under such terms, then it may be sold as the Trustee may deem commercially appropriate. 4.04. General Power of Appointment. [THIS ARTICLE IS INTENTIONALLY LEFT BLANK AT THE REQUEST OF THE SETTLOR.] ARTICLE V. POWERS OF TRUSTEE 5.01. General Powers. In addition to such other powers and duties as may have been granted elsewhere in this Trust, but subject to any limitations contained elsewhere in this Trust, the Trustee shall have the following powers and duties: A. In the management, care and disposition of this Trust, the Trustee shall have the power to do all things and to execute such deeds, instruments, and other documents as may be deemed necessary and proper, including the following powers, all of which may be exercised without order of or report to any court: (1) To sell, exchange, or otherwise dispose of any property, real, personal or mixed, wheresoever located, at any time held or acquired hereunder, at public or private sale, for cash or on terms as may be determined by the Trustee, without advertisement, including the right to lease for any term notwithstanding the period of the Trust, and to grant options, including an option for a period beyond the duration of the Trust. (2) To invest and reinvest all or any part of the Trust Estate in any common or preferred stocks, shares of investment trusts and investment companies, bonds, debentures, mortgages, deeds of trust, mortgage participations, notes, real estate, or other property the Trustee, in the Trustee's discretion, selects; provided that the Trustee may not invest in any stock or securities issued by the corporate Trustee or issued by a parent or affiliate company of such Trustee; in the manner that, under the circumstances then prevailing (specifically including, but not limited to, the general economic conditions and the anticipated needs of the Trust and its beneficiaries), persons of skill, prudence, and diligence, acting in a similar capacity and familiar with those matters would use in.the conduct of an enterprise of similar character and similar aims, to attain the Settlor's goals under this trust agreement. (3) To retain for investment any property deposited with the Trustee hereunder. (4) To vote in person or by proxy any corporate stock or other security and to agree to or take any other action in regard to any reorganization, merger, consolidation, liquidation, bankruptcy or other procedure or proceedings affecting any stock, bond, note or other security held by this Trust (5) To use lawyers, real estate brokers, accountants and any other agents, if such employment is deemed necessary or desirable, and to pay reasonable compensation for their services. (6) To compromise, settle or adjust any claim or demand by or against the Trust and to agree to any rescission or modification of any contact or agreement affecting the Trust. (7) To renew any indebtedness, as well as to borrow money, and to secure the same by mortgaging, pledging or conveying any property of the Trust, including the power to borrow from the Trustee (in the Trustee's individual capacity) at a reasonable rate of interest. (8) To retain any business interest transferred to the trustee, as shareholder, security holder, creditor, partner or otherwise, for any period of time whatsoever, even though the interest may constitute all or a large portion of the trust principal; to comply with the provisions of any agreement restricting transfer of the interest; to participate in the conduct of the related business or rely upon others to do so, and to take or delegate to others discretionary power to take' any action with respect to its management and affairs which an individual could take as outright owner of the business or the business interest, including the voting of stock (by separate trust or otherwise regardless of whether that separate trust will extend for a term within or beyond the term of the trust) and the determination of all questions of policy; to execute and amend partnership agreements; to participate in any incorporation, reorganization, merger, consolidation, sale of assets, recapitalization, liquidation or dissolution of the business, or any change in its nature, or in any buy -sell, stock restriction, or stock redemption agreements; to invest in additional stock or securities of, or make secured, unsecured, or subordinated loans to, the business with trust funds; to take all appropriate actions to prevent, identify, or respond to actual or threatened violations of any environmental law or regulation thereunder; to elect or employ with compensation, as directors, officers, employees, or agents of the business, any persons, including a trustee of any trust held under this instrument, or any director, officer, employee, or agent of a corporate trustee of any trust held under this instrument, without adversely affecting the compensation to which that trustee would otherwise be entitled; to rely upon reports of certified public accountants as to the operations and financial condition of the business, without independent investigation; to deal with and act for the business in any capacity (including in the case of a corporate trustee any banking or trust capacity and the loaning of money out of the trustee's own funds) and to be compensated therefor; and to sell or liquidate the business or any interest in the business. (9) To register any stock, bond or other security in the name of a nominee, without the addition of words indicating that such security is held in a fiduciary capacity, but accurate records shall be maintained showing that the stock, bond or other security is a trust asset and the Trustee shall be responsible for the acts of the nominee. (10) To set aside as a separate trust, to be held and administered upon the same terms as those governing the remaining trust property, any interests in property, for any reason, including but not limited to a concern that such property could cause potential liability under any federal, state, or local environmental law. B. Whenever the Trustee is directed to distribute any trust principal in fee simple to a person who is then under twenty-one (2 1) years of age, the Trustee shall be authorized to hold such property in trust for such person until he becomes twenty-one (21) years of age, and in the meantime shall use such part of the income and the principal of the trust as the Trustee may deem necessary to provide for the proper support and education of such person in the standard of living to which he has become accustomed. If such person should die before becoming twenty-one (21) years of age, the property then remaining in trust shall be distributed to the personal representative of such person's estate. C. In making distributions from the Trust to or for the benefit of any minor or other person under a legal disability, the Trustee need not require the appointment of a guardian, but shall be authorized to pay or deliver the distribution to the custodian of such person, to pay or deliver the distribution to such person without the intervention of a guardian, to pay or deliver the distribution to the legal guardian of such person if a guardian has already been appointed, or to use the distribution for the benefit of such person. D. In the distribution of the Trust and any division into separate trusts and shares, the Trustee shall be authorized to make the distribution and division in money or in kind or in both, regardless of the basis for income tax purposes of any property distributed or divided in kind, and the distribution and division made and the values established by the Trustee shall be binding and conclusive on all persons taking hereunder. The Trustee may in making such distribution or division allot undivided interests in the same property to several trusts or shares. E. If at any time after Settlor's death the total fair market value of the assets of any trust established or to be established hereunder is so small that the corporate Trustee's annual fee for administering the trust would be equal to or less that the minimum annual fee set forth in the Trustee's regularly published fee schedule, then the Trustee in his discretion shall be authorized to terminate such trust or to decide not to establish such trust, and in such event the property then held in or to be distributed to such trust shall be distributed to the persons who are then or would be entitled to the income of such trust. If the amount of income to be received by such persons is to be determined in the discretion of the Trustee, then the Trustee shall distribute the property among such of the persons to whom the Trustee is authorized to distribute income, and in such proportions, as the Trustee in his discretion shall determine. F. The Trustee shall be authorized to lend or borrow, including the right to lend to or = borrow from the Settlor's estate, at an adequate rate of interest and with adequate security and upon such terms and conditions as the Trustee shall deem fair and equitable. G. The Trustee shall be authorized to sell or purchase, at the fair market value as determined by the Trustee, any property to or from Settlof s estate, or any trust created by Settlor during life or by will, even though the same person or corporation may be acting as executor of Settlor's estate or as trustee of any other such trusts and as the Trustee of this Trust. H. The Trustee shall have discretion to determine whether items should be charged or credited to income or principal or allocated between income and principal as the Trustee may deem equitable and fair under all the circumstances, including the power to amortize or fail to amortize any part or all of any premium or discount, to treat any part or all of the profit resulting from the maturity or sale of any asset, whether purchased at a- premium or at a discount, as income or principal or apportion the same between income and principal, to apportion the sales price of any asset between income and principal, to treat any dividend or other distribution on any investment as income or principal or to apportion the same between income or principal, to charge any expense against income or principal or apportion the same, and to provide or fail to provide a reasonable reserve against depreciation or obsolescence on any asset subject to depreciation or obsolescence, all as the Trustee may reasonably deem equitable and just under all of the circumstances. 5.02. Actions and Voting by Trustee. When the authority and power under this Trust is vested in two (2) or more Trustees or Co- Trustees, the authority and powers are to be jointly by the Trustees or Co- Trustees. A majority of the Trustees or Co- Trustees may exercise any authority or power granted under this Trust Agreement or granted by law, and may act on behalf of the Trust. Any attempt by one such Trustee to act for the Trust on other than ministerial acts shall be void. The action of one such Trustee on behalf of the Trust may be (but need not be) validated by a subsequent ratification of the act by a majority of the Trustees or Co- Trustees. 5.03. Trustm Power to Deal with Environmental Hazards. The Trustee shall have the power to use and expend the trust income and principal to (i) conduct environmental assessments, audits, and site monitoring to determine compliance with any environmental law or regulation thereunder; (ii) take all appropriate remedial action to contain, clean up or remove any environmental hazard including a spill, release, discharge or contamination, either on his own accord or in response to an actual or threatened violation of any environmental law or regulation thereunder; (iii) institute legal proceedings concerning environmental hazards or contest or settle legal proceedings brought by any local, state, or federal agency concerned with environmental compliance, or by a private litigant; (iv) comply with any local, state or federal agency order or court order directing an assessment, abatement or cleanup of any environmental hazards; and (v) employ agents, consultants and legal counsel to assist or perform the above undertakings or actions. Any expenses incurred by the trustee under this paragraph may be charged against income or principal as the trustee shall determine. ARTICLE VI. SPENDTHRIFT PROVISION 6.01. General Provision. No beneficiary shall have the power to anticipate, encumber or transfer his interest in the Trust Estate in any manner other than by the valid exercise of a Power of Appointment. No part of the Trust Estate shall be liable for or charged with any debts, contracts, liabilities or torts of a beneficiary or subject to seizure or other process by any creditor of a beneficiary. ARTICLE VII. CONSTRUCTION OF TRUST 7.01. Choice of Law. This Trust shall be administered and interpreted in accordance with the laws of the Commonwealth of Pennsylvania. 7.02. Code. Unless otherwise stated, all references in this Trust to section and chapter numbers are to those of the Internal Revenue Code of 1986, as amended, or corresponding provisions of any subsequent federal tax laws applicable to this Trust. 7.03. Other Terms. Unless the context otherwise requires, the use of one or more genders in the text includes all other genders, and the use of either the singular or the plural in the text includes both the singular and the plural. 7.04. Captions. The captions set forth in this Agreement at the beginning of the various divisions hereof are for convenience of reference only and shall not be deemed to define or limit the provisions hereof or to affect in any way their construction and application. 7.05. Situs of Trust. The Trust shall have its legal situs in Cumberland County, Pennsylvania. ARTICLE VIII. COMPENSATION OF TRUSTEE AND APPOINTMENT OF SUCCESSOR TRUSTEE 8.01. Compensation. The Trustee shall receive as his compensation for the services performed hereunder that sum of money, based on an hourly charge or percentage rate, which the Trustee normally and customarily charges for performing similar services during the time which he performs these services. 8.02. Removal of Trustee. Settlor may remove the Trustee, at any time or times, with or without cause, upon thirty (30) days written notice given to the current Trustee. Upon the death of the Settlor, a majority of the current beneficiaries may remove the Trustee, at any time or times, with or without cause, upon thirty (30) days written notice given to the Trustee. Upon the - removal of the Trustee, a successor Trustee shall be appointed in accordance with the terms set forth in Paragraph 8.03. 8.03. Anuointment of Successor Trustee. The Trustee may resign at any time upon thirty (30) days written notice given to the Settlor if Settlor is living, or in the event of Settlor's death, upon thirty (30) days written notice given to the current beneficiary or beneficiaries (including a beneficiary's natural or legal guardian or legal representative), hereunder. Upon the death, resignation, removal or incapacity of the Trustee, a successor trustee may be appointed by the Settlor during Settlor's lifetime, or, after Settlor's death, by a majority of the current income beneficiaries. The successor Trustee shall be TONY SANTANA. If TONY SANTANA resigns, then REBECCA CLUGSTON shall serve as the successor Trustee. Any successor trustee thus appointed, or, if a corporate trustee is appointed, the Trustee shall merge with or be consolidated with another corporate fiduciary, then such corporate fiduciary, shall succeed to all the duties and to all the powers, including discretionary powers, herein granted to the Trustee. 8.04. Exoneration of Trustee. No Trustee shall be liable for any loss or depreciation in value sustained by the Trust as a result of the Trustee retaining any property upon which there is later discovered to by hazardous materials or substances requiring remedial action pursuant to any federal, state, or local environmental law, unless the Trustee contributed to the loss or depreciation in value through willful default, willful misconduct, or gross negligence. 8.05. indemnifiggdon of Trustee Uoon Distribution. Notwithstanding any contrary provision in this Trust Agreement, the Trustee may withhold a distribution to a beneficiary until receiving from the beneficiary an indemnification an agreement in which the beneficiary agrees to indemnify the Trustee against any claims filed against the Trustee as an "owner" or "operator" under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as from time to time amended, or any regulation thereunder. ARTICLE IX. PERPETUITIES CLAUSE 9.01. General Provision. Notwithstanding anything to the contrary in this Trust, each disposition the Settlor has made here, legal or equitable, to the extent it can be referred in its postponement of becoming a vested interest to a duration measured by some life or lives in being at the time of the Settlor's death is definitely to vest in interest, although not necessarily in possession, not later that twenty-one (21) years after such lives (and any period of gestation involved); or, to the extent it cannot be referred in any such postponement to such lives, is to so vest not later than twenty-one (2 1) years from the time of the Settlor's death. ARTICLE X. ACQUISITION OF UNITED STATES TREASURY BONDS ELIGIBLE FOR TAX PAYMENT; PAYMENT OF TAXES, FUNERAL EXPENSES, AND EXPENSES OF ADMINISTRATION 10.01. Acyuisi 'on of Bonds. The Trustee may, at any tune, without the prior approval or direction of the Settlor and whether or not the Settlor is able to manage Settlor's own affairs, acquire United States Treasury Bonds selling at a discount, which bonds are redeemable at their par value plus accrued interest thereon for the purposes of applying the proceeds to the payment of the United States estate tax on the Settlor's estate; and the Trustee may borrow from any lender, including itself, with or without security, to so acquire these bonds. 10.02. Payment of United States Estate Tax by Bond Redemution. The Settlor directs that any United States Treasury Bonds which may be redeemed at their par value plus accrued interest thereon for the purpose of applying the proceeds to the payment of the United States estate tax imposed on the Settlor's estate, and which are held by the Trustee, shall, to the extent of the amount determined to be required for payment of the estate tax, be distributed to the legal representative of the Settlor's estate to be used by the legal representative ahead of any other assets and to the fullest extent possible to pay the estate tax. 10.03. Payment of Death Taxes and Other Estate Settlement Costs. After the Trustee has complied with paragraph 10.02, above, and ascertained from the legal representative that all such bonds have been redeemed in payment of the United States estate tax, the Trustee shall also ascertain from the legal representative whether the legal representative has sufficient assets to pay the remaining legacy, succession, inheritance, transfer, estate and other death taxes or duties (except the additional estate tax imposed by Section 2032(c), or corresponding provisions of the Internal Revenue Code of 1986 applicable to the Settlor's estate and imposing the tax) levied or assessed against the Settlor's estate (including all interest and penalties thereon), all of which taxes, interest and penalties are hereafter referred to as the death taxes, interest and penalties. If the legal representative advises the Trustee that insufficient funds exist to pay all the death taxes, interest and penalties, the Trustee shall then pay to the legal representative from the trust property, an amount equal to all the death taxes, interest and penalties in excess of the funds available to the legal representative for this purposes, which payments are to be made without apportionment. In making the payments, the Trustee shall use only those assets or their proceeds which are includable in the Settlor's gross estate for purposes of the United States estate tax and shall not impair the marital portion without first exhausting the entire non - marital portion. If the Executor of the Settlor's estate, in such Executor's sole discretion, shall determine that appropriate assets of Settlor's estate are not available in sufficient amount to pay (1) the Settlor's funeral expenses, and (2) expenses of administering the Settlor's estate, the Trustee shall, upon the request of the Executor of the Settlor's estate, contribute from the principal of the trust 10 estate the amount of such deficiency; and in connection with any such action the Trustee shall rely upon the written statement of the Executor of the Settlor's estate as to the validity and correctness of the amounts of any such expenses, and shall famish funds to such Executor so as to enable such Executor to discharge the same, or to discharge any part of all thereof itself by making payment directly to the person entitled or claiming to be entitled to receive payment thereof. No consideration need be required by the Trustee from the Executor of Settlor's estate for any disbursement made by the Trustee pursuant hereto, nor shall there be any obligation upon such Executor to repay to the Trustee any of the funds disbursed by it hereunder, and all amounts disbursed by the Trustee pursuant to the authority hereby conferred upon it shall be disbursed without any right in or duty upon the Trustee to seek or obtain contribution or reimbursement from any person or property on account of such payment. The Trustee shall not be responsible for the application of any funds delivered by it to the Executor of the Settlor's estate pursuant to the authority herein granted, nor shall the Trustee be subject to liability to any beneficiary hereunder on account of any payment made by it pursuant to the provisions hereof. IN WITNESS WHEREOF, the Settlor and Trustee have hereunto set their hands and seals as of the day and year fast above written. OP COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBL On this, the day of July, 2002, before me, a Notary Public, the undersigned officer, personally appeared GEORGE H. PLOUGH, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Trust Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have set my hand and official Seal. Notary Public My Commission Expires: Notarial sad Ted L. YVslker, Notary Public Lemoyne app, Cumberland Coonttyy MY Commiealon Expires Jan. 20, 2l>ai Member, Fennryhomin Aeeocom of Notaries 11 The foregoing Tr�u/st Agreement was delivered, and is hereby accepted, at Lemoyne, Pennsylvania, on July T 2002. 12 MAIZE R 10 SCHEDULE "A" SCHEDULE REFERRED TO IN THE ANNEXED TRUST AGREEMENT DATED: JULY 2002 FROM GEORGE H. PLOUGH, SETTLOR TO GEORGE H. PLOUGH, TRUSTEE PROPERTY DESCRIPTION: 1. Certain investment accounts identified as: 2. Certain Real Estate identified as: ALL THAT CERTAIN tract of land situate in North Newton Township, Cumberland County, Pennsylvania, bounded and described pursuant to compass survey of 1961, as follows: BEGINNING at a point in the center of State Highway Route No. 641; thence by land being retained by the Grantors, North 10 degrees 35 minutes West 230 feet to an iron pin; thence by the same, North 79 degrees 30 minutes East 110 feet to an iron pin; thence by land now or formerly of Norman W. Eichelberger and wife, South 10 degrees 35 minutes East 230 feet to a point in the center of the State Highway aforesaid; thence by the center of said Highway, South 79 degrees 30 minutes West 110 feet to the Place of BEGINNING. CONTAINING .58 Acre, more or less. BEING the same premises which John F. Stamy, Jr. and Mary E. Stamy, his wife, by their deed dated July 22, 1961 and recorded in the Recorder of Deeds Office in and for Cumberland County, in Deed Book G20, Page 579, granted and conveyed unto George H. Plough, 13 SCHEDULE "B" SCHEDULE IRED TO IN THE ANNEXED TRUST AGREEMENT DATED: JULY -�f 2002 FROM GEORGE H. PLOUGH, SETTLOR TO GEORGE H. PLOUGH, TRUSTEE Designation of Recipient Chari ties Pursuant to the power reserved by the Settlor under Paragraph 4.03, each beneficiary on this Schedule B is a charity as that term is defined under Section 501(c)(3) of the Code, and is not the Commonwealth of Pennsylvania, or any of its agencies or subdivisions, the United States of America, or any of it agencies or subdivisions, nor any other charity, institution or organization which provides services to the Settlor. None of the designated charities is a nursing facility. Revocable Allocation: ONE - EIGHTH (1 /8th) to Jack Van I= Ministries to be used in the discretion of it goveming bod. ONE - EIGHTH (1 /8th) to Life for Today, to be used in the discretion of its governing body. ONE - EIGHTH (1 181h) to Cods News Behind the News to be used in the discretion of it governing body. ONE - EIGHTH (1 /8th) to John HM Ministries to be used in the discretion of it governing body. ONE - EIGHTH (1 /8th) to Bennie Hinn Ministries. to be used in the discretion of it governing ho-4. ONE - EIGHTH (I /8th) to u_ =rstown Union Rescue Mission to be used in the discretion of it goveming body ONE- EIGHTH WSW to Life Outreach International, to be used in the discretion of its aoveming body. ONE-EIGHTH (I /8th) to Save the Children. to be used on the discretion of it governing body. 14 i SCHEDULE "B" SCHEDULE REFERRED TO IN THE ANNEXED TRUST AGREEMENT DATED: JULY4V, 2002 FROM GEORGE H. PLOUGH, SETTLOR TO GEORGE H. PLOUGH, TRUSTEE Designation of Recipient Charities Pursuant to the power reserved by the Settlor under Paragraph 4.03, each beneficiary on this Schedule B is a charity as that term is defined under Section 501(c)(3) of the Code, and is not the Commonwealth of Pennsylvania, or any of its agencies or subdivisions, the United States of America, or any of its agencies or subdivisions, nor any other charity, institution or organization which provides services to the Settlor. None of the designated charities is a nursing facility. Revocable Allocation: ONE - EIGHTH (118th) to Jack Van Ima2 Ministries. the used in the discretion of its % veming body. ONE-EIGHTH (1 /8th) to !'d" C A7.t ' 4. to be used in the discretion of its governing bo y,, P -sl- ONE- EIGHTH (1 /8th) to Gods News Behind the News. to be used in the discretion of its governing body. QNE- EIGHTH 0 /8th) to John Haaee Ministries. to be used in the discretion of its goveming body. ONE - EIGHTH (1 /8th) to Bonnie Hinn Ministries. to be used in the discretion of its governing body. ONE - EIGHTH (1 /8th) to Hagerstown Union Rescue Mission to be used in the - discretion of its governing body. ONE-EIGHTH (1 /8th) to Life Outreach International. to be used in the discretion of its governing body. ONE-EIGHTH (1 /8th) to the Children . to be used on the discretion of its governing �v. 14 CCONSENT The undersigned acknowledge, pursuant to the penalties of 18 Pa.C.S.A. Section 4904 relating to unswom falsification to authorities, that they are adults; that the statements made in the Petition to Determine the Beneficiaries and Their Respective Shares of George H. Plough Trust filed by Tricia D. Naylor, Esquire are true and correct to the best of their knowledge, information and belief, that they concur and consent to the proposed beneficiaries and their respective shares of the George H. Plough Trust. WITNESS: Life for'.Foday rK Li& • , CONSENT The undersigned acknowledge, pursuant to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities, that they are adults; that the statements made in the Petition to Determine the Beneficiaries and Their Respective Shares of George H. Plough Trust filed by Tricia D. Naylor, Esquire are true and correct to the best of their knowledge, information and belief; that they concur and consent to the proposed beneficiaries and their respective shares of the George H. Plough Trust. WITNESS: Perry Stone (Manna Fest) DATE By: Voice of Evangelis Outreach Ministries EXHIBIT k1, 6 Is CONSENT The undersigned acknowledge, pursuant to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities, that they are adults; that the statements made in the Petition to Determine the Beneficiaries and Their Respective Shares of George H. Plough Trust filed by Tricia D. Naylor, Esquire are true and correct to the best of their knowledge, information and belief; that they concur and consent to the proposed beneficiaries and their respective shares of the George H. Plough Trust. WITNESS: GA - 11 to r a' CONSENT The undersigned acknowledge, pursuant to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities, that they are adults; that the statements made in the Petition to Determine the Beneficiaries and Their Respective Shares of George H. Plough Trust filed by Tricia D. Naylor, Esquire are true and correct to the best of their knowledge, information and belief; that they concur and consent to the proposed beneficiaries and their respective shares of the George H. Plough Trust. WITNESS: GA - 11 to c' s CONSENT The undersigned acknowledge, pursuant to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities, that they are adults; that the statements made in the Petition to Determine the Beneficiaries and Their Respective Shares of George H. Plough Trust filed by Tricia D. Naylor, Esquire are true and correct to the best of their knowledge, information and belief; that they concur and consent to the proposed beneficiaries and their respective shares of the George H. Plough Trust. WITNESS: ' 1 DA E itEXHIBIT %I /1 10 Feed The Children By: IL