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HomeMy WebLinkAbout04-0873IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION IN RE: THE TRUST OF MARY C. BURSON, DECEASED :NO. - PETITION OF ROBERT L. BURSON, BENEFICIARY AND .~ ~nC;SSOR TR F' ... . . '=-'~ ,- USTFF . OR R,~wOVAL OF JEAN BURSON AS TRU$¥EE, TO CC.'.'.."EL AN ACCOUNTIN,.': AND TO COMPEL TURNOVER OF TRUST ASSET,~, To the Honorable, the Judges of the Said Court: The Petition of Robert L. Burson respectfully represents: 1. The Decedent, Mary C. Burson, died December 10, 2002 lea.~i~3,~ a Will (which has never been probated) nder the terms of whmh she crea~ted the Ma~. Burson Tr~t;.The trust has been amended twice, since its initial creation. Copies of the W~,~ the original trust instrument and the two amendments are attached hereto, ~'espec_t~ely marked Exhibits ,"" ,"" "an ," corporated herei by refere "A B C d"D and in n n 2. Your Petitioner is a party in interest in that by the Will, Mary C. Burson transferred all of her assets to the Mary C. Burson Trust, and directed that those assets be distributed to your Petitioner, Robert L. Burson and his sister, the Trustee, Jean Burson, in equal shares. 3. Laurence Lee Burson, who is named in one or more of the instruments as a beneficiary was a brother of your Petitioner and Jean Burson; Laurence Lee Burson died on June 14, 2001, leaving your Petitioner, Robert L. Burson and his sister, the Trustee, Jean Burson, as the only two living beneficiaries under the Trust of Mary C. Burson. 4. Pursuant to the trust instruments, Jean Burson was appointed Trustee of the Trust of Mary C. Burson and purportedly assumed those duties shortly after the death of Mary C. Burson on December 10, 2002. 5. Despite repeated demands for an accounting and for his share of the trust estate, Robert L. Burson has never received either an accounting or any disbursement from the Trust of Mary C. Burson, contrary to the terms of the instruments themselves and contrary to the duties imposed upon Jean Burson as Trustee pursuant to 20 Pa.C.S.A. {}7121 and 20 Pa.C.S.A. §3183, among other sections of the Probate, Estate and Fiduciaries Code. 6. Robert L. Burson (who resides at 23907 Mobile Street, West Hills, California) believes and therefore avers that, given the absolute abdication of her duties, refusal to cooperate and probable self-dealing by the Trustee, Jean Burson (who resides at 320 Pitt Street, Enola, Cumberland County, Pennsylvania), it would be appropriate and indeed necessary for the Court to issue a decree removing Jean Burson as Trustee, requiring her to immediately account for all receipts and expenditures of the trust, turn over all trust assets to Robert L. Burson and, if applicable, surcharge Jean Burson and her personal assets for any self-dealing in which she has engaged. WHEREFORE, your Petitioner prays this Honorable Court to award a Citation, directed to Jean Burson, as permitted by Section 7121 of the Probate, Estate and Fiduciaries Code (in turn incorporating the procedures set forth in Section 3183 of the Probate, Estate and Fiduciaries Code) to show cause why she should not be removed from her office as Trustee, compelled to account to Robert L. Burson for all trust receipts and expenditures, be compelled to turn over of all trust assets to Robert L. Burson as successor trustee named in the instruments, and be surcharged for any self-dealing in which she may have engaged, and to provide any other relief the Court deems appropriate. (717) 238-3686 Supreme Court I.D. # 53729 3 Last Will & Testament Of MARY C. BURSON EXHIBIT "A" Last Will & Testament I, MARY C. BURSON, a resident of LAGUNA HILLS, California, hereby declare this to be my Last Will and Testament, and I expressly revoke all Wills, including codicils, which I have previously made. ARTICLE 1 ~/ I give the entire ,r, esidue of my estate to the trust~e,,e then in office under that trust designated as The Trust of MARY C. BURSON, established December 19, 1995, of which I am the settlor and trustee. I direct that the residue of my estate shalI be added to, administered, and distributed as part of that trust, according to the terms of the trust and any amendment made to it before my death. To the extent permitted by law, it is not my intent to create a separate trust by this will or to subject the trust or the property added to it by this will to the jurisdiction of the probate court. ARTICLE 2 If the disposition in Article 1, above, is inoperative or is invalid for any reason, or if the trust referred to in Article 1, above, fails or is revoked, I incorporate herein by reference the terms of that trust, as executed on this date, without giving effect to any amendments made subsequently, and I bequeath and devise the residue of my estate to the trustee nsmed in the trust as trustee, to be held, administered, and distributed as provided in said trust instrument. ARTICLE 3 I hereby nominate LAURENCE L. BURSON to be the Executor of this Will. In the event that LAURENCE L. BURSON is unable to serve or declines to serve as the Executor of this Will, I hereby nominate ROBERT L. BURSON as First Alternate Executor. In the event that ROBERT L. BURSON is unable to serve or declines to serve as the Executor of this Will, I hereby nominate CATHERINE L. BURSON as Second Alternate Executor. The Executor shall have full power and authority to carry out the provisions of thin Will, including the power to manage and operate during the probate of my estate any property and any business belonging to my estate. Page - 1 The Executor shall serve without bond. MARY C. BURSoN Page - 2 DECLARATION OF WITNESSES On the date written below, MARY C. BURSON declared to us, the undersigned, that thi.~ instv,ment, including the page signed by us as witnesses, was the Will of MARY C. BURSON (hereafter "Testator") who requested us to act as witnesses to it. Testator thereupon signed this Will in our presence, all of us being present at the ~me time. We now, at Testator's request, in Testator's presence and in the presence of each other, subscribe our names as witnesses. We declare under penalty of perjury that the foregoing is true and correct and that thi~ declaration was executed on _/~.~ // ,19 ~ ~ , at Z~,~.~.~, Y/~ C~ , C..~. · ess?i/ghature ~ Witness Name .(.Printed) Witness Address Witness Signgt~re ~ / witness Na~e (Printed) Witness Address-~ Page - 3 SELF-PROVED AFFIDAVIT The State of Cslifornia ; County Of ORANGE I, MARY C. BURSON (Testator), and ~t~e~ ~[o,~'~,'ou~¼ and ~'fi ~'o ~ n .~[. ~. hca- , ~itnesses), re~ectively, whose n~es ~e s~ed to the attached'or fore~g inst~,ment, being ~st d~y sworn, do hereby decl~e to the ~dersi~ed authori~ that the testator si~ed ~d executed the ~st~ent ~ the testator's l~t ~, that the testator si~ed it ~llingly or ~e~ed ~other to ~ it for the testator, that it w~ executed ~ a free ~d vol~t~ act for the p~oses there~ e~resse~ ~d that each of the ~tnesses, ~ the presence ~d he~g of the testator, s~ed the ~ ~ ~tnesses, ~d that to the best of the~ ~owle~ the testator w~ at the t~e 18 or more ye~s of ~, of sold mind ~d ~der no constrsint or ~due ~uence. ~Y ~:'~ON, Testator .~,:~m ness S~t~e Witneds si~e / Page - 4 The Trust of MARY C. BURSON ARTICLE 1 ~ ~' ~Declaration of Trust Establishment o~ Revocable Living T~-ust: MARY C. BURSON establishes with this instrument a re~0~cable li~vi~g t~ .' ' ,~MARY~ C. BURSON,, will transfer to the trustee the property descn-q~u~cl~',~ the "Trust Estate as well as the property listed herein on the "Schedule of Trust Assets." The term "settlor" refers to MARY C. BURSON. Date Established: For convenient reference and coordination with the last will and testa~,,~~Y C. BUI~SON, the date of establishment of this revocable living trust ~December 19, 199~) Remainiler Beneficiaries: At the death of MARY C. BURSON, the trustee shall distribute the trust estate to the following beneficiaries of"The Trust of MARY C. BURSON": ~I~.RENCEI~BURSON; ROBERT L. BURSON; JEAN BURSON; LAURA A. ENGEL; CATHERINE L. BURSON; ROBERT J. BURSON; ELIZABETH A. BURSON; CYNTHIA BAUSMAN; BARRY A. BAUSMAN; and EDWARD G. Property Status: Any property of MARY C. BURSON transferred to this trust may be called the "trust estate of MARY C. BURSON." Lifetime Beneficiary: The trustee shall hold, administer, and distribute all trust property allocated to trust for the benefit of MARY C. BURSON, during the life of MARY C. BURSON. Trust Property - Income and Principal (Broad Standard): The trustee may utilize as much of the net income of the trust estate as necessary for the beneficiary's health, education, support, comfort, welfare, or happiness to maintain the beneficiary's accustomed manner of living. Any net income not so distributed shall be added to principal, if the trustee considers the income insufficient, the trustee may utilize for the benefic~ary's benefit as much of the principal from the trust estate as necessary for the beneficiary's health, education, support, comfort, welfare, or happiness to maintain the beneficiary's accustomed manner of living. Catastrophic Illness or Incapacity of MARY C. BURSON (Ascertainable Standard): If a court declares MARY C. BURSON incompetent or if the trustee, after consultation with medical professionals, considers MARY C. BURSON unable to manage his or her own affairs by reason of physical or mental disability, then the trustees during the life of MARY C. BURSON may pay to or for MARY C. BURSON as much of the income and principal from the trust estate as is necessary for MARY C. BURSON's health, education, or support to maintain MARY C. BURSON's accustomed manner Page - 1 of living. Payments: MARY C. BURSON may at any time act as the trustee to pay single s,,ms or periodic payments out of the trust estate to any person or organization. Additionally, the conservator of MARY C. BURSON upon appropriate court order may exercise this power for payments qvMifying for the federal gift tax 8nnual donee exclusion. Revocation and Amendment: During the life of MARY C. BURSON, MARY C. BURSON may revoke or amend the Trust of MARY C. BURSON in whole or in part by a written document. Moreover, the power of MARY C. BURSON to revoke or amend this trust is personal, and no guardian, conservator, or other person shall exercise it. ess and funeral costs, and expenses of odministration for thi.~ trust. / "Distribution- Outright to ~ndividual Beneficiaries, Collateral Heirs: At MARY~i ~ BURSON's death, the trustee shall distribute the rem ,al~ing trust estate to the following, by right of representation (per stirpes): to ~_N_CE L. BURSON, 16.67% of the remaining trust estate; to ROBERT L. BURSON, 16.67% of the remaining trust estate; to JEAN BURSON, 16.67% of the rera~ining trust estate; to LAURA A. ENGEL, 8% of the remsining trust estate; to CATHERINE L. BURSON, 8% of the remaining trust estate; to ROBERT J. BURSON, 8% of the remaining trust estate; to ELIZABETH A. BURSON, 8% of the remaining trust estate; to CYNTHIA BAUSMAN, 8% of the remaining trust estate; to BAKRY A. BAUSMAN, 8% of the remsining trust estate; and to EDWARD G. ALBANY, 2% of the remoining trust ~.~estate. Page - 2 If any beneficiary shall fail to survive MARY C. BURSON, the share of the trust estate allocated to such beneficiary shall be distributed to the issue of such beneficiary by right of representation. However, if no beneficiaries of MARY C. BURSON exist, the trustee shall give the remsinder to the heirs of MARY C. BURSON, their identities and shares to be determined under CsNforuia law in effect on the date of execution of this inst~,ment relating to succession of separate property that was not acquired from a parent, grandparent, or previously deceased spouse. Page - 3 ARTICLE 2 Trustee Powers & Duties Nomination of Trustees for All Trusts: For all trusts under this instrument, the trustee and successor trustees shall be those persons named below. Each successor trustee shall serve in the order designated ffthe prior trustee fAilg to qualify or ceases to act. ~ ~ Initial Trustee: MARY C. BURSON . .~f~ ~ Successors:,LAUl~N~E L_B ON fir t u · ~ ~ ~ -s .s. csessor; ROBERT L. BURSON, second successor and CATHERINE L. BURSON, third successor Any trustee, whether individual, co-trustee, or appointed may: ~yAppoint a co-trustee, individual Such shall or corporate. appointments supersede successor trustee designated in this instrument. ajoOCate duties between those serving by a written agreement and concurrence by rity of the adult income and principal beneficiaries. After such delegation, any one trustee may unilaterally revoke such delegation at will and without cause by written notice to the other trustees and adult income and principal beneficiaries. ~s~allResign at any time from any trust under this instrument. The resigning trustee give written notice of the resignation by personal delivery or registered mail to all current income beneficiaries. The resignation shall be effective on the qualification of a designated successor trustee. The designated successor trustee shall act as trustee on acceptance of the appointment. wDelagate temporarily to a co-trustee or successor trustee all or any of his or her ers during temporary vacation periods or other absences from the State of CAlifornia. The individual trustee shall exercise this power of delegation by written notice to the co-trustee specifying the powers delegated. This delegation shall terminate on delivery of written notice by the individual trustee to the co-trustee of termination of delegation. The individual trustee shall incur no liability to any beneficiary of the trust estate as a result of any actions taken or not taken within the scope of delegation during the period of delegation. ay itsoff reasonable compensation from the trust estate during each calendar for all ordinary services and reasonable additional compensation for any extraordinary services, all without court order. 6. Employ custodJAn~, attorneys, accountants, investment advisers, corporate fiduciaries, or any other agents or advisers to assist the trustee in the administration of this trust and may rely on the advice given by these agents. The trustee shall pay reasonable compensation for all services performed by these agents from the trust estate out of either income or principal as the trustee in the trustee's Page - 4 reasonable discretion determines. These payments shall not decrease the compensation to which the trustee is entitlec[ 7. Accept as correct any accounting of trust assets made by any predecessor trustee. However, a successor trustee may institute any action or proceeding for the settlement of the accounts, acts, or omissions of any predecessor trustee. 8. Hold any property, including shares of the trustee's own stock, or to abandon any property that the trustee receives or acquires. 9. Retnin~ purchase, or otherwise acquire unproductive property. 10. Manage, control, grant options on, sell (for cash or on deferred payments with or without security), convey, exchange, partition, divide, improve, and repair trust property. 11. Lease trust property for terms within or beyond the terms of the trust and for any purpose. 12. Invest and reinvest the trust estate in every kind of property, real, personal, or mixed, and every kind of investment. 13. Exercise all the rights, powers, and privileges of an owner of the securities held in trust, including, but not by way of limitation, the power to vote, give proxies, and pay assessments; to participate in voting trusts and pooling agreements (whether or not extending beyond the term of the trust); to enter into shareholders' agreements; to consent to foreclosure, reorganizations, consolidations, merger liquidations, sales, and leases, and, incident to any such action, to deposit securities with and tr~n.~fer title to any protective or other committee on such terms as the trustee may deem advisable; and to exercise or sell stock subscription or conversion rights. 14. Invest in mortgage participations, in shares of investment trusts and regulated investment companies, incloding any under the control of any investment counsel employed by the trustee, in mutual funds, money market funds, and index funds that investors of prudence, discretion, and intelligence acquire for their own account. 15. Hold securities or other property in the trustee's ~-me as trustee under this trust, or in the trustee's own name, or in the name of a nominee, or the trustee may hold securities unregistered in such condition that ownership will pass by delivery. 16. Carry, at the expense of the trust, insurance of such kinds and in such smounts as the trustee deems advisable to protect the trust estate against any damage or loss and to protect the trustee against liability with respect to third parties. 17. Borrow money and encumber or hypothecate trust property. 18. Loan money to any person, including a trust beneficiary or the estate of a trust Page - 5 beneficiary, at prevsiling interest rates and with or without security as the trustee deems advisable. 19. Purchase bonds either at a premium or at a discount. 20. Acquire and maintain life insurance policies on the life of any person, including a trust beneficiary, and to exercise all rights of ownership granted to such policies. 21. Purchase at less than par obligations of the United States of America that are redeemable at par in payment of any federal estate tax liability of a settlor in such amounts as the trustee deems advisable. 22. Take any action and to make any election to minimi~.e the tax liabilities of any trust and its beneficiaries, to allocate the benefits among the various beneficiaries, and to make adjustments in the rights of any beneficiaries, or between the income and principal accounts, to compensate for the consequences of any tax election or any investment or administrative decision that the trustee believes has had the effect of directly or indirectly preferring one beneficiary or group of beneficiaries over others. 23. Pay from the trust estate, and to allocate between income and principal, any death taxes to the extent that such taxes are attributable to the trust estate or any part of it (calculated at the average rates applicable to such tax). 24. Pay the last illness expenses, funeral expenses, and other obligations incurred for the beneficiary's support from the income or principal of the beneficiary's trust. 25. Make the division and distribution of trust property, when required to divide such property into shares, in identical interests, in kind, or partly in kind and partly in money, prorata or nonprorata. Also, the trustee may make such sales of the trust property as the trustee deems necessary to accommodate such distributions. Any trustee, whether individual, co-trustee, or appointed shall: 1. Determine all matters with respect to what is principal and income of the trust estate and the apportionment and allocation of receipts and expenses between these accounts by the provisions of the California law from time to time existing. When this instrument or such Act does not provide, the trustee, in the trustee's reasonable discretion, shall determine the characterization. 2. Prorate all taxes and current expenses among successive beneficiaries over the period to which they relate on a daily basis. 3. Not be required to physically segregate or divide assets among the various trusts, except on the termination of any of the trusts. However, the trustee shall keep separate accounts for the separate undivided interests, and the trust may hold undivided interests in the same assets. Page - 6 4. Consider and attempt to equalize, insofar as practicable, the aggregate income tax basis of assets distributed to the various beneficiaries. Any such determination by the trustee shall bind all parties in interest. 5. Delay outright distribution of any minor beneficiary's interest in a trust by continuing in a separate trust such minor's share, subject to any trustee discretion to terminate a small trust or court-ordered termination. The trustee shah add all income to principal and pay to or for the benefit of the minor beneficiary as much of the trust estate as is necessary for the minor beneficiary's health, education, support, or msintenance in the minor beneficiary's accustomed manner of living re%er tsldng into account the minor beneficiary's other income and resources known to the trustee and reasonably available for that purpose. When the minor beneficiary attsin.~ majority, the trustee shah distribute the trust estate to the beneficiary outright. If the minor beneficiary dies before distribution, the trustee shah distribute the trust estate to the beneficiary's estate. Page - 7 ARTICLE 3 Trust Administration Provisions The fo[lowing additional trust provisions shall apply under this instrument. Spendthrift Provision: No beneficiary shall anticipate, assign, encumber, or subject to any creditor's claim or to legal process any interest in principal or income before its actual receipt by any beneficiary. The beneficial and legal interests in this trust, its principal, and its income shall be free from interference or control of any beneficiary's creditor and shall not be subject to cJsims of any such Creditor or liable to attachment, execution, bsnlrruptcy, or other process of law. Perpetuities Savings Clause - Descendants: Ail trusts created by this instrument or by the exercise of any power of appointment shall terminate twenty-one (21) years a~ter the death of the descendants of MARY C. BUR,SON living at MARY C. BURSON's death. The trustee shall distribute the principal and undistributed income of a terminated trust to the then-living income beneficiaries of that trust in the same proportion that the beneficiaries are entitled to receive income when the trust terminates. At the time of such termination, ffthe trust does not fix the rights to income, the trustee shall distribute the trust by right of representation to the persons who, in the trustee's reasonable discretion, are entitled to receive trust payments: Disclnimer of Administrative Powers: The trustee may discisim~ release, or restrict the scope of any power held in connection with any trust, including any administrative power, whether such power is expressly granted or implied by law, by a written in.~tr~ment specifying the power to be discl~imed, released, or restricted and the nature of any such restriction. ~ustee Powers - Fiduciary Role: The trustee shall exercise all of the powers in the trustee's fiduciary capacity and only in such capacity. Further, the trustee shall have no power to enlarge or shift any of the beneficial interests under any trust except as an incidental consequence of the discharge of the trustee's fiduciary duties and shall not make any distribution that discharges any beneficiary's legal obligations of support. Compromise Claim~: The trustee shall have the power to compromise, submit to arbitration, abandon, or otherwise adjust any clzims or litigation again.st or in favor of the trust. Litigation: The trustee shall have the power to commence or defend litigation with advi____sable, at the expense of the _cting_Claims and Withhold_~, Payment: On the occ~,,~ requiring the trustee to divide, segregate, or distribute th.e .t .r~st property~ the ~ may delay, without the payment of 'mterest, the division, segregation~ distribution of all or any part of such property for such period of time as may be necessary to ascertain and provide for any such contingent liability. However, this delay shall not affect the vesting of any interests or the accrual and payment of trust income to any benefidary. Trustee Powers Survive: All powers, duties, and immunities of the trustee shall continue after termination of any trust and until the trustee has made actual distribution of the property of such trust. California Law Governs: California law shall govern the validity, construction, interpretation, and administration of all trusts under this instrument. No Contract for Disposition of Trust: No settlor has made any agreement (other than this instrument) controlling the disposition of the trust estate, and the provisions of this trust shall not be read as evidence of any such agreement. Appointment of Trustee: If all designated trustees fail to quslify or cease to act, a court of competent jurisdiction shall appoint a trustee or co-trustees, individual or corporate, after consideration of the preference of the current income beneficiaries of the trust. Individual Trustee's Disability - Successor Trustee Acts: If any individual trustee is unable to participate in trust activities because of illness, disability, or any other reason, the designated successor trustee may act as co-trustee during any such incapacity. In determining the disability of the individual trustee, the successor trustee may rely on written statements from two licensed physicians who have examined the trustee. In the absence of such a statement, the successor trustee shall petition the court having jurisdiction over thi.~ trust for authority to proceed as successor trustee. The successor trustee shall incur no liability to any beneficiary of the trust or to the replaced trustee as a result of any action taken under this provision. Trustee Differences - Individual Trustee Prevails: If, after consultation with each other, the trustees are unable to agree regarding any matter affecting the administration or distribution of the trust estate, the decision of the individual trustee shall govern. The individual trustee shall advise the corporate trustee in writing of its decision. The corporate trustee shall comply with any decision of the individual trustee and shall not be liable to any person for the actions of the trustees under their decision. Action by Majority of Trustees - General: Any action taken by a majority of the trustees in office shall be birding on this trust, and third parties may rely on such action. The nonconsenting trustees shall not be liable for actions of the majority. Exculpatory Clause - All Trustees: No trustee shall be liable to any person interested in this trust for any act or default unless it results from the trustee's bad faith, willful misconduct, or gross negligence. Page - 9 Waiver of Bond: No trustee, including nonresidents, shall be required to post bond or security. Small Trust Termination - Trustee Discretion: The trustee may determine, in its reasonable discretion, if the principal of the trust is uneconomical to administer. The trustee may then, in its reasonable discretion, (1) distribute the trust assets to the beneficiaries in proportion to their interests in income; (2) purchase and deliver to the income beneficiaries a restrictive savings account, certificate of deposit, ~nnuity, or endowment; (3) distribute the trust assets to a custodian for the beneficiaries under the California law; or (4) distribute the trust assets as provided by law. On such distribution and delivery, the trust shall terminate. The trustee shall not be I/able or responsible to any person for its action or for its failure or refusal at any time to terminate the trust as authorized in thi~ paragraph. Page - 10 ARTICLE 4 Contest, Disinheritance, Definitions No Contest - Contestant Disinherited: If any beneficiary in any manner, directly or indirectly, contests or attacks this instrument or any of its provisions, any share or interest in the trust given to that contesting beneficiary under this instrument is revoked and shall be disposed of in the s~me manner provided herein as if that contesting beneficiary had predeceased the settlor. Survivorship Requirement - Spouse, Beneficiaries: The surviving spouse must survive the deceased spouse for three (3) months before entitlement to all gifts from the deceased spouse. For all gifts to other beneficiaries, the beneficiary must survive the donor-settlor for thirty (30) days before entitlement to such gifts. Definitions - Trust: As used in this instrument, the terms are defined as follows: '~Descendants" shall mean lineal descendants in any degree of the ancestor designated and shall include persons adopted during minority. "Brothers and sisters" shall include half-brothers and half-sisters ff those persons are lineal descendants of the settlor. 'Trust," "trusts," and "trust estate" shall be interpreted in the singular or plural as the context indicates. "Corporate trustee" shall mean a trust company or a bank with trust powers authorized to act within the United States. "Education expenses" shall include the cost of elementary, secondary, college, university, postgraduate study, seminars, individual or independent research or study, and travel or foreign study. The trustee may also consider the beneficiary's related living expenses to the extent they are reasonable. "Death taxes" shall include federal, foreign, state, and local estate and inheritance taxes, inChic]in~ penalties and interest, but not generation-skipping or special use valuation recapture taxes or marital deduction qualified terminable interest attribution. "Disclaimer" or "qualified disclaimer" has the same mesniug that "qualified disclaimer" has under the Internal Revenue Code and supporting regulations. The masculine, feminine, or neuter gender and the singular or plural number shall each include the others whenever the context indicates. ']~eneficiary's other resources" shall include the beneficiary's employable skills and a third party's support obligations. Page - 11 '~rim~y beneficiary" is a beneficiary whose interests and needs the trustee shall consider to be parsmount over the other designated beneficiaries in the class. Clause hesdings are for reorllng convenience and shall be disregarded when constr~in g this instrument. Page - 12 ARTICLE 5 Execution and Acknowledgment: Settlor Signature Clause - Settlor: MARY C. BURSON certifies that MARY C. BURSON has read the foregoing Declaration of Trust and that it correctly states the terms and conditions under which the trustee is to hold, manage, and distribute the trust estate. MARy C. BURSON, Settlor County of ORANGE Certificate Of Notary Public , State of California On I - I I - ci c~ before me, ~Lisa H. &~cHa!e personally appeared MARY C. BURSON, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged he/she executed the same in his/her authorized capacity, and that by Ms/her signature on the inst.,merit the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature ~ ~ ~ ¢ ~ (Seal) Page - 13 ARTICLE 6 Execution and Acknowledgment: Trustees Signature Clause - Trustees: MARY C. BURSON certifies that MARY C. BURSON has read the foregoing Declaration of Trust and that it correctly states the terms and conditions under which the trustee is to hold, manage, and distribute the trust estate. Dated: ///~/~- ~. MARY C:BURSON, Trustee County of. ORANGE Certificate Of Notary Public , State of_ California On {- { I - c~ before me, personally appea~ed MARY C. BURSON, personally known to me (or prov;d to me on the basis of satis£actory evidence) to be the person whose name is subscribed to the withip instrument and acknowledged he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) Page - 14 AMENDMENT TO ~ DECLARATION OF TRUST OF ~ TRUST OF MARY C. BURSON DATED DECEMBER 19, 1995 RECITALS MARY C. BURSON, Trustor and Trustee of Tm~ TRUST OF MARY C. BURSON, a resident of Orange County, State of California, originally executed the Declaration of Trust of Tm~. TRUST OF MARY C. BURSON on December 19, 1995. ARTICLE 1, Declaration of Trust, Revocation and Amendment: "During the life of MARY C. BURSON, MARY C. BURSON may revoke or amend the Trust of MARY C. BURSON in whole or in part by a written document. Moreover, the power of MARY C. BURSON to revoke or amend this trust is personal, and no guardian, conservator, or other person shah exercise it." MARY C. BURSON now chooses to establish this Amendment to the above referenced Declaration of Trust to ~ TRUST OF MARY C. BURSON effective July , 2oo . AMENDMENT NOW TFII~REFORE, the said Declaration of Trust is amended as set forth hereinbelow: ARTIC3~E 1, Declaration of Trust, Third Paragraph: Remainder Beneficiaries: Delete this paragraph in its entirety and substitute in its place and stead the following: "At the death of MARY C. BURSON, the trustee shall distribute the trust estate to the following beneficiaries of"The Trust of MARY C. BURSON".-*O-EAN BURSON 50% and ROBERT L. BURSON 50%." Article 1, Declaration of Trust, eleventh (11') Paragraph entitled Distribution - EXHIBIT "C" * gee page One o~ D~.+~ Outright to Individual Beneficiaries, Collateral Heirs: Delete this paragraph in its entirety and substitute in its place and stead the following: "At MARY C. BURSON's death, the trustee shall distribute the remaining trust estate to the following, by right of representation (per stirpes): JEAN BURSON 50% and ROBERT L. BURSON 50%." ARTICLE 2 Trustee Powers & Duties, Paragraph entitled Successors: Delete this paragraph in its entirety and substitute in its place and stead the following: "Successors: JEAN BURSON, first successor; ROBERT L. BURSON, second successor." SEPARATE PAGE, Numbered Page 4 at bottom of page, dated 7/12/01, stating at the top of page the following: "8. I, MARY CHRISTINA BURSON, AT MY DEATH, I WISH MY AGENT FOR ~ALTH CARE TO AD~RE TO THE FOLLOWING:" Amend the first sentence in Paragraph "B" to read "I WISH TO BE BURIE_~D AT '~ADDLEBACK CHAPEL WITH ~ "PARDON CROSS" AND ~ "SCAPULAR" THAT ARE AROUND MY NECK, AS WELL AS ~ LARGE ROSARY THAT IS IN MY PURSE IN A BROWN ~ CONTAINER." All other terms and conditions of the Trust remain the sam~ MARY C. BURSON WITNESS DECLARATION On the date first written above, MARY C. BURSON declared to us, the undersigned, that the foregoing Amendment consists of four (4) pages including the page signed by us as witnesses. She requested us to act as witnesses to it. She thereupon signed the said amendment in our presence, all of us being present at the same tim~ We now, at her request and in her presence and in the presence of each ~ther, subscribe our names as witnesses. F~aeh of us is now more than eighteen (18) years of age and resides at the address set forth beside his or her name. We can state that MARY C. BURSON is over the age of eighteen (18) years and, to the best of our knowledge, is of sound mind and not acting under duress, menace, fraud, misrepresentation or undue influence. We declare under penal~y of perjury under the laws of the State of California that the foregoing is true and correct. Executed this Jo~'~day of JvL ~ , 2001, at Allso Viejo, California. ~.a~ c~ ~Residing at ~' ~/'~J~-~ ~esiding at 3 Declaration and Acknowledgment of Notary Public STATE OF cALr~ORNIA COUNTY OF ORANGE On / personally appeared MARY C. BURSON, personally known to me -OR- ~ proved to me on flae basis of safisfacto~ evidence to be the person whose name is subscribed to the within instmmeat and acknowledged to me that she executed the same in her authorized capacity, and that by he~ signature on the instrument *he peason, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and offidal seal. Signature of Notaxy Public Comm. . APRIL 17, 2005 AMENDMENT TO THE DECLARATION OF TRUST OF: THE TRUST OF MARY C. BURSON DATED DECEMBER 19, 1995 AND TO ALL SUBSEQUENT AMENDMENTS AND STATEMENTS PRECEEDING SEPTEMBER 8, 2002 RECITALS: The purpose of this document is to restate and correct all previous Trust Documents and amendments to eliminate all contradictions, errors and omissions. MARY C. BURSON, Trustor and trustee of THE TRUST OF MARY C. BURSON, (at that time) A RESIDENT OF Orange County, State of Calitbruia, originally executed the Declarations of Trust of THE TRUST OF MARY C. BURSON ON December 19, 1995. (exhibit B) and amended that trust on July 18, 2001 (Exhibit C)and further amended that trust while a resident of 225 Brian Drive, Enola, PA on September 6, 2002. (Exhibit D) All of these Documents shall be revised to read as follows: AMENDMENT AS OF SEPTEMBER 8, 2002 NOV*' THEREFORE, the said documents are amended as set forth hereinbelow: Page 1: Article I Declaration of Trust: Establislunent of IRREVOCABLE LIVING TRUST: MARY C. BURSON establishes with this instrument an irrevocable living trust. MARY C. BURSON will transfer to the trustee the property, described below as the "Trust Estate" as well as the property listed herein on the "Schedule of Trust Assets." The term "settlors refers to MaD' C. Burson and Jean Burson, her primary co-trustee or her successors if required by Jean Burson's inability to perform. Date Established: For convenient reference and coordination with the last will and testament of MARY C. BURSON, the date of establishment of her irrevocable living trust is September 8, 2002. Remainder Beneficiaries: At the death of M/LRY C. BURSON, the trustee shall distribute the trust estate to the following beneficiaries of"TRUST OF MARY C. BURSON" JEAN BURSON, and ROBERT L. BURSON (should anyone fail to agree to accept a 50% share of the remainder after all required acts have been performed, then that person's share of the estate will pass equally divided to the grm~dchildren of EXHIBIT "J)" Pagel //i~l~-'- AMENDMENT TO THE DECLARATION OF TRUST OF: THE TRUST OF I~La~RY C. BURSON DATED DECEMBER 19, 1995 AND TO ALL SUBSEQUENT AMENDMENTS AND STATEMENTS PRECEEDING SEPTEMBER 8, 2002 MARY C. BURSON, namely: LAURA A. ENGLE; CATHERINE L. WARD, ROBERT J. BURSON; ELIZABETH A. BURSON; CYNTHIA L. BAUSMAN, and BARRY A. BAUSMAN. Property Status: Any property, of MARY C. BURSON transferred to this trust may be called "The trust estate of MARY C. BURSON.' Payments: MARY C. BURSON OR JEAN BURSON OR HER SUCCESSOR DURING HER INABILITY TO PERFORM MAY AT ANYTIME ACT AS THE TRUSTEE TO PAY SINGLE SUMS OR PERIODIC PAYMENTS OUT OF THE TRUST ESTATE TO ANY PERSON OR ORGANIZATION. additionally, the conservator of MARY C. BURSON may exercise this power for payments qualit~ing for the t~deral gift tax annual donee exclusion. Amendment: This instrument may be amended by the signature of MARY C. BURSON DURING HER LIFETIME WITH A CONCURRENCE OF THE ACTIVE CO- TRUSTEE. This provision is not intended to affect the irrevocable nature of this ~__. Instructions at MARY C. BURSON'S death: At the death of MARY C. BURSON, but before the trust assets are allocated~to fl~e beneficiaries, the trustee shall be empowered, in the tm~e s reasonable discretion, to pay from the trust estate MARY C. BURSON S debts, las~ illness // and funeral costs, and expense~s cfad~ inistration for this trust. ~--,~ibi~on- Outright to Individual Beneficiaries, Collateral Heirs: At MARY C. BURSON's death, the trustee shall distribute the remaining trust to the following by right of representation (per stirpes): First To JEAN BURSON; the entire property and equity of 225 Brian Drive, Enola Pa. with payment of normal owners transfer costs from the estate, Then the remainder of liquidated assets after debts and costs have been paid shall go to: JEAN BURSON 50%; and ROBERT L. BURSON 50%. (Should anyone fail to Page2~ ~ AMENDMENT TO THE DECLARATION OF TRUST OF: THE TRUST OF MARY C. BURSON DATED DECEMBER 19, 1995 AND TO ALL SUBSEQUENT AMENDMENTS AND STATEMENTS PRECEEDING SEPTEMBER 8, 2002 agree to accept their share within 30 days of notice of an inheritance, that share shall be equally divided among the then living grandchildren of Mary Burson as previously enumerated.) If either JEAN BURSON, or ROBERT BURSON should fail to survive MARY C. BURSON, the share of the trust estate allocated to such beneficiary shall be distributed to the issue of such beneficiary by right of representation. However, if no beneficiaries of MARY C. BURSON exist, the trustee shall give the remainder to the heirs of MARY C. BURSON, their identities and fl~3~T6 be determined under Pem~sylvania law in effect on the date of execution of this instrument relating to succession of separate propetW, that was not acquired from a parent, grandparent, or previously deceased spouse. ARTICLE 2 Trustee Powers and Duties Nonfination of Trustees for all trusls: For all trusts under this instrument, the trustee and successor trustees shall be those persons named below. Each successor trustee shall serve in the orderdesignated if the prior trustee fails to qualify or ceases to act. Initial Trustees: MARY C. BURSON and/or JEAN BURSON AS CO-TRUSTEES who may act independently of one another during the lifetime of MARY C. BURSON. Successors: JEAN BURSON, First successor upon the death or incapacity of MARY C. BURSON; ROBERT L. BURSON, first successor of JEAN ,BURSON, HOWARD Any trustee, whether individual, co-trustee, or appointed may: perform all items listed 1-25 with this revision: 4. Delegate temporarily to a co-trustee or successor trustee all or any of his or her powers during temporary vacation periods or other absences from the State of Pennsylvania. (all other provisions of item 4 are as originally stated.) Page 3 AMENDMENT TO THE DECLARATION OF TRUST OF: THE TRUST OF MARY C. BURSON DATED DECEMBER 19, 1995 AND TO ALL SUBSEQUENT AMENDMENTS AND STATEMENTS PRECEEDING SEPTEMBER 8, 2002 An), trustee, whether individual, co-trustee, or appointed shall: Perform all articles numbered 1-5. Article 1. shall be amended to State Pennsylvania law instead of California law. ARTICLE 3 Trust Admin/stration Provisions Pennsylvania Law Governs: Pennsylvania law shall govern the validity, construction, interpretation, and administration of all trusts under this inslrument. Small Trust Termination: Change California law to Pennsylvania law. Names and known addresses of trustees and beneficiaries are as follows: MARY C. BURSON 225 Brian Dr., Enola, PA 17025 (717) 728-3871 JEAN BURSON 320 Pitt St., Enola, PA 17025 (717) 728-9078 ROBERT L. BURSON 23907 Mobile St., West Hills, CA 91307 (818) 888-7438 Howard L. Lewis Sr. (Third Successor Trustee) 12 Hickory Dr., Duncannon, PA 17020 (717) 834-6461 LAURA ENGLE 29931 Happy Sparrow Laguna, Niguel, CA 92677 (949) 495-7496 CATHERINE WARD 25532 Mac Kenzie St., Laguna Hills CA (949) 458-8579 Page 4 AMENDMENT TO THE DECLARATION OF TRUST OF: THE TRUST OF MARY C. BURSON DATED DECEMBER 19, 1995 AND TO ALL SUBSEQUENT AMENDMENTS AND STATEMENTS PRECEEDING SEPTEMBER 8, 2002 ROBERT J. BURSON 23907 Mobile St., West Hills, CA 91307 (818) 888-7438 ELIZABETH A. BURSON 23907 Mobile St., West Hills, CA 91307 (818) 888-7438 BARRY A. BAUSMAN Receives Money: % JEAN BURSON To be deposited into M&T Bank in his account, which is managed by JEAN BURSON POA 320 Pitt St. Enola, PA 17025 Who receives mail at: Barry A. Bausman H78892 P.O. Box 8503 CFB4-209U, Coalinga, CA 93210 CYNTHIA L. BAUSMAN 621 Hampshire Rd. Unit 310 Westlake Village, CA 91361 (805) 230-9279 Page 5 AMENDMENT TO THE DECLARATION OF TRUST OF: THE TRUST OF I~La. Ry C. BURSON DATED DECEMBER 19, 1995 AND TO ALL SUBSEQUENT AMENDMENTS AND STATEMENTS PRECEEDING SEPTEMBER 8, 2002 Article 5 Execution and Acknowledgment: Settlors Signature Clause - Setflors: MARY C. BURSON certifies that MARY C. BURSON has read the foregoing Amendment of Declaration of Trust and that it correctly states the terms and conditions under which the trustee or co-trustees shall hold, manage, and distribute the trust estate. JEAN BURSON certifies that JEAN BURSON has read the foregoing Amendment of Declaration of Trust and that it correctly states the terms and conditions under which the trustee or co-trustees shall hold, manage, and distribnte the trust estate. Dated: ~ MARY C. BURSON, First Trustee and Settlor 1 Dated: ~7~ - JEAN BURSON, Co-trustee and settlor 2 Certificate of Nota~'y Public County of Dauphin, State of Pennsylvania On personaqly appeared M/LRY C. BURSON and JEAN BURSON, personally 'known to me (or proved to me on the basis of satisfactory evidence) to be the person whose names are subscribed to the within instrument and acknowledged each executed the same in each person's authorized capacity, and that by each person's signature on the instrument, the person or the entity upon behalf of which each person acted, executed the instrument. WITNESS my hand Signature ~ Witness Number one: ~ wt i .ness Number two',~  cial seal. -"- ~ (seal) /' / J u~ HARRiSBORG; DAUPHIN L_ ~C0M~ISSl0.~ESJU~3,200~ _~ Page 6 VERIFICATION I, Anthony T. McBeth, am attorney for the Petitioner in the captioned action. I am verifying the attached document for the Petitioner in that he is outside the jurisdiction of this Court and his verification cannot be obtained by the time this Petition needs to be filed. I verify that the facts set forth in the attached document are true and correct to the best of my knowledge, information and belief. I so state subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). Anthony T. Mi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT D!WSION IN RE: THE TRUST OF MARY C. BURSON, DECEASED NO. DECREE AND NOW, this day of September, 2004, upon consideration of the annexed Petition for Turnover, an Accounting and the Removal of Jean Burson as Trustee, a Citation is awarded, and directed to Jean Burson, Trustee under the Trust of Mary C. Burson, to show cause why she should not be removed from her off`ice as Trustee, why she should not be required to provide an accounting and why she should not be required to turn the assets of the trust over to the remaining beneficiary and successor trustee as named in the Instrument, Robert L, Burson. Rule returnable within ~ days of service hereof. BY THE COURT: iN RE: The Trust of Mary C. Burson. Deceased IN THE COI JRT OF CC~MM~N PI FA~ ORPHANS' COURT DIVISION CUMBERLAND COUNTY, PENNSYLVANIA NO. 21-2004-0873 CITATION WE COMMAND, you that laying aside all busiuess and excuses whatsoevcr, you be and appear in your propcr person belbre the Houorable Judges of the Court of Common Picas, OcT, hans' Court Division at a scssion of the said Court there to be held, for the County of Cumberland to show cause why sbe should not bc removed from hcr office as Trustee, why she shouId not be requircd to provide an accounting and why she should not be rcquired to mm the assets of the trust over to tbe remaining beneficiary and successor trustee as named in thc Instrument, Robert L. Burson. P. ulc returnable within 20 days of service hereof. Witness nay hand an official seal of office at Carlisle, Pennsylvauia, this 4th day of October 200~4. Clerk, Orphans' Court D v s on '/ Cumberland County, Carlisle, PA My Conlmission Exp res o a the 1st Monday January, 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION IN RE: THE TRUST OF MARY C. BURSON, DECEASED NO. 21-2004-0873 ACCEPTANCE OF SERVICE PURSUANT TO PA. R. CIV. P. 412 I, John S. Davidson, Esquire, o£Yost & Davidson, Attorneys for Respondent, Jean Burson, hereby accept service of the Petition £or Turnover oi'Assets and to Compel Accounting, and certify that I am authorized to do so as of the date listed below. Date /~¢hn' ~: S. Davidson, Esquire Attorney for Respondent Jean Burson IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT~.~ENNS. YLVAN[~A ORPHANS' COURT DIVISION IN RE: THE TRUST OF : MARY C. BURSON, DECEASED : NO.: 21-04-00873 ANSWER OF JEAN BURSON, TRUSTEE TO THE PETITION OF ROBERT ~. BURSON, BENEFICIARY AND SUCCESSOR TRUSTEE(' -q FOR REMOVAL OF JEAN BURSON AS TRUSTEE, TO COMPEL AN ACCOUNTING AND TO COMPEL TURNOVER OF TRUST ASSETS 1. Admitted in part, denied in part. It is admitted that Mary C. Burson died December 10, 2002 leaving a Will which has never been probated. Robert L. Burson is the executor named in the said Will. It is denied that the Mary C. Burson Trust was created under the terms of the Last Will and Testament of Mary C. Burson; rather, the Trust of Mary C. Burson was established, funded and twice amended in writing during the lifetime of Mary C. Burson. The documents attached by petitioner to his petition and marked Exhibits "A", "B", "C" and "D" are not exact copies of the operative documents for the reason that someone other than Mary C. Burson has made notes and interlineations on the documents, fair copies of which were previously provided to the Petitioner' s attorney, Anthony T. McBeth, by the Respondent's attorney, John S. Davidson. 2. Admitted in part, denied in part. It is admitted that the petitioner is a party in interest. It is denied that the petitioner has any interest in the decedent's equitable interest held by Mary C. Burson at the time of her death in the Westwood Village Condominium Unit situate in East Pennsboro Township, Cumberland County, Pennsylvania and known as 225 Brian Drive which interest is distributable to Jean Burson under the terms of the Last Will and Testament and Trust of Mary C. Burson. It is admitted that Robert L. Burson is entitled to distribution of one-half (1/2) of the balance for distribution from the Trust excluding the value of the decedent's interest in the 225 Brian Drive Condominium unit. 3. Admitted. 4. Admitted. By way of further answer, it is averred that Jean Burson has properly maintained and dealt with the Trust assets and that she has heretofore provided an informal account of her administration of the Trust assets to the petitioner, Robert L. Burson, through his attorney, Anthony T. McBeth, Esquire. A copy of the said informal account is attached hereto, marked Exhibit "E" and made a part hereof by reference thereto. 5. Denied. The averments of Paragraph 5 are specifically denied. The Respondent, Jean Burson, has provided an informal accounting of her administration of the Trust assets to Robert L. Burson through his attomey, Anthony T. McBeth. Further, Jean Burson made a partial interim distribution to Robert L. Burson in the amount of $897.64 on December 20, 2002. 6. Denied. It is denied that Jean Burson has abdicated her duties as Trustee, it is denied that she has refused to cooperate, and it is denied that she has engaged in any self dealing. Further, it is denied that it would be appropriate to remove Jean Burson as Trustee for the reason that her administration of the Trust assets is nearly complete and she has provided an informal account of her administration to the petitioner, Robert L. Burson, as more fully set forth above. Further, to grant the relief requested by the petitioner would simply cause additional delay and expense in the 2 ESTATE ~XPENSE~ $30,O~ - 10/10/20~4 1/31¢2003 DIVIDEND 1~ -~-_-- $0__~0_02.L ...... ~257c~ ____ $2543 MARY BURSON ~uRhW'OCABLE TRUST MONEY M.a~'~rvT ACCOUNT 18 MONEY MARKET ACCOUNT 18 RECONr'n ~r~ BANK STAT~X~NT CHECK ___ 5/~ 1_/20~0~ .... DIVIDEND 35.31 26,214.77 ~_ $29,000 04 VERIFICATION I, John S. Davidson, Esquire, am attorney for the Respondent, Jean Burson, in the captioned action. I am verifying the attached answer for the Respondent for the reason that her verification cannot be obtained by the time this answer is required to be filed. I verify that the facts set forth in the foregoing answer are true and correct to the best of my knowledge, information and belief. I so state subject to the penalties of 18 Pa. C.S. Section 4904 (relating to unswom falsification to authorities). 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION 1N RE: THE TRUST OF MARY C. BURSON, DECEASED NO.: 21-04-00873 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have served a true and correct copy of the foregoing Answer of Jean Burson, Trustee to the Petition of Robert L. Burson, Beneficiary and Successor Trustee, For Removal of Jean Burson as Trustee, to Compel an Accounting and to Compel Turnover of Trust Assets upon the following counsel of record by mailing the same first-class mail, postage prepaid, deposited at Hershey, Pennsylvania, on this .~' ~day of O¢ ~t,-- _, 2004. Anthony T. McBeth, Esquire 407 North Front Street Cameron Mansion Harrisburg, PA 17101 YOST & DAVIDSON /J~5~m S. Davidson, Esquire ~upreme Court ID #17139 320 West Chocolate Avenue P.O. Box 437 Hershey, PA 17033 (717) 533-5101 Attomeys for Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: THE TRUST OF : MARY C. BURSON, DECEASED : NO.: 21-04-00873 AMICABLE SETTLEMENT, RELEASE AND ACCEPTANCE OF DISTRi~UTION WHEREAS, Robert L. Burson heretofore filed a petition as beneficiary and suc~4~ssor trustee of the Mary C. Burson Trust to the above term and number seeking the removal of Jean Burson as Trustee and to compel an accounting by Jean Burson and to compel the turnover of Trus~ assets; and WHEREAS, Jean Burson has made and provided to Robert L. Burson an informal account of her administration of the Mary C. Burson Trust from the death of Mary C. Burson on December 10, 2002 through October 13, 2004; and WHEREAS, Robert L. Burson has reviewed the informal account provided by Jean Burson as aforesaid and has further had the said informal account reviewed by a certified public accountant of his choosing; and WHEREAS, Robert L. Burson and Jean Burson wish to determine and settle their respective beneficial interests in the assets of the Mary C. Burson Trust thereby avoiding the time, expense and attendant publicity of filing a formal account with the Court of Common Pleas of Cumberland County, Pennsylvania and to avoid the time and expense of further litigation. NOW, THEREFORE, the parties hereto intending to be legally bound hereby agree as follows: 1. Robert L. Burson hereby acknowledges that he has examined the informal account presented by Jean Burson as aforesaid and upon distribution to him of the sum of$15,000.00, such distribution will be in full settlement, satisfaction and discharge of all liability of Jean Burson, Trustee to Robert L. Burson, beneficiary of the Mary C. Burson Trust. 2. Robert L. Burson hereby waives his right to require the filing of an account by the Trustee in the Court of Common Pleas of Cumberland County, Pennsylvania, Orphans' Court Division, or elsewhere, and waives his right to have the account adjudicated by that Court or any other Court and agrees to this amicable settlement, release and distribution. 3. In consideration of the distribution to be made to him in the amount of $15,000.00, Robert L. Burson does hereby remise, release and forever discharge Jean Burson, Trustee and the Mary C. Burson Trust from any and all actions, suits, accounts, reckonings, claims and demands whatsoever. This release is intended by the parties to have the same force and effect as though an account had been filed with the Court and the account adjudicated by the Court and distribution made in accordance with an Order of Court. 1N WITNESS WHEREOF, I Robert L. Burson, verify that the foregoing amicable settlement, release and acceptance of distribution is true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Robert L. Burson November2004/Disk~ 1/Burson Release I 1 - 15-04