HomeMy WebLinkAbout03-0884IN THE MATTER OF:
THE HOLRAN FAMILY
CHARITABLE REMAINDER
UNITRUST U/A Dated
April 28, 1995 and
AMENDMENT Dated
November 19, 1999
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
PENNSYLVANIA
ORPHANS' COURT DIVISION
No.
PETITION
For
Approval of First and Partial Account
The petition of Community Trust Company, Trustee, as herein described (herein referred
to as "Accountant" or "Trustee"), by and through its Attorneys, Gates, Halbruner & Hatch, P.C.,
respectfully represents the following:
1. The principal corporate office of the Accountant is 3907 Market Street, Camp
Hill, Cumberland County, Pennsylvania 17011.
2. On April 28, 1995, Barbara E. Holran, as Settlor, signed and executed The Holran
Family Charitable Remainder Unitrust U/A dated April 28, 1995 (herein referred to as the
"Trust" or the "Trust Agreement"). A copy of the Trust Agreement is attached to the Accounting
as Exhibit "A".
3. The Holran Family Charitable Remainder Unitrust U/A dated April 28, 1995
was amended by an Amendment to Trust dated November 19, 1999 (herein referred to as the
"Amendment"). A copy of the Amendment to Trust is attached to the Accounting as Exhibit "B".
4. The Trust Agreement originally named Pennsylvania Fiduciary and Estate
Services, Inc., as the Trustee. On October 1, 1998, by corporate conversion, Pennsylvania
Fiduciary and Estate Services, Inc. was converted to Community Trust Company, a trust
company regulated by the Pennsylvania Department of Banking. Community Trust Company is
the successor-in-interest to Pennsylvania Fiduciary and Estate Services, Inc.
5. Article III, section A of the Trust provides, in pertinent part, that the Trustee must
pay to Barbara E. Holran, as the Recipient, for her lifetime, a unitrust amount equal to the lesser
of 6.50% of the net fair market value of the Trust or the Trust's net income. Upon the death of
Barbara E. Holran, the unitrust amount is payable to Barbara Holran's husband, Bruce G. Holran,
for the remainder of his lifetime.
6. Article VI of the Trust provides, in pertinent part, that upon the death of the
Barbara E. and Bruce G. Holran, the remaining principal of the Trust is distributed to various
charitable organizations. The Amendment to Trust dated November 19, 1999 changed the
charitable organization distributions. The list of revised charitable organizations and their
respective percentages can be found in the Amendment to Trust attached to the Accounting as
Exhibit "B". These have not been any subsequent changes to the list of charitable organizations.
7. It is respectfully brought to the Court's attention that as a result of an enhanced
computerized fiduciary accounting system initiated by the Accountant Trustee on 01/01/1996, the
Account submitted herewith includes PART I, covering the transaction information for the
period 04/28/1995 through 12/31/1995, and PART II, covering the transaction information for
the period 01/01/1996 through 09/30/2003.
8. Pursuant to ARTICLE X of the Trust Agreement, entitled "Governing Law and
Construction of Trust," the situs of the Trust is Cumberland County, Pennsylvania.
2
9. No other court has heretofore taken jurisdiction of any matter relating to the Trust.
10. The Trust fund now before the court is not subject to the payment of Pennsylvania
Inheritance Tax, and is not subject to payment of Pennsylvania Inheritance and/or Estate Tax.
11. An accounting of this Trust was not heretofore filed by the Accountant.
12. Accountant, Trustee, offers this Account for the purpose of seeking approval by
the Court of prior transactions, expenses, distributions and disbursements.
13. The names, address, relationships and interests of all persons or entities having
any interest in the Trust are as follows:
(1) Barbara E. Holran, residing at 1919 Rockford Lane, Lancaster,
Lancaster County, Pennsylvania 17601. Barbara E. Holran is the Settlor and
lifetime beneficiary of the Trust (Recipient) having a present life estate in the
Trust consisting of annual income and principal payments computed under
ARTICLE III (A) of the Trust. Barbara E. Holran is not the subject of a guardian
or committee of any type; and,
(2) Bruce G. Holran, residing at 1919 Rockford Lane, Lancaster,
Lancaster County, Pennsylvania 17601. Bruce G. Holran is the spouse of the
Settlor and is named as the contingent lifetime beneficiary of the Trust (survivor
Recipient) upon the death of Barbara E. Holran, if he should survive her. Bruce
G. Holran is not the subject of a guardian or committee of any type; and,
(3) The Commonwealth of Pennsylvania, Attorney General's Office,
Department of Charitable Trusts and Organizations, with offices at the 14th Floor,
Strawberry Square, Harrisburg, PA 17120, representing charitable organizations.
Article VI of the Trust provides that the Donor, Barbara E. Holran, has the right
and authority to designate certain charitable organizations to receive the remainder
of the Trust principal at the death of the final unitrust Recipient. Furthermore,
Article VI of the Trust provides that the Donor can change the charitable
organizations, if the charities are designated as a temporary allocation
("Revocable Allocation"). All existing named charities are designated as a
Revocable Allocation, and therefore, may be changed by the Donor. In fact,
Recipient Charities were changed, and continue to be a Revocable Allocation, as
designated by the Donor in the Amendment to Trust dated November 19, 1999.
Since the charitable organizations are not fully vested, as irrevocable or
Permanent Allocations, the Accountant is notifying the Commonwealth of
Pennsylvania, Attorney General's Office, Department of Charitable Trusts and
Organizations, rather than the individual charitable organizations.
14. All of the above-described parties having any interest in the Trust and any unpaid
creditors of the Trust have had actual notice of the filing of the Account and this audit.
15. All disbursement and distributions to or on behalf of the Recipient, and payment
of expenses incurred by the Trust were authorized by the Trust Agreement and approved by the
Trustee.
16. No share of any party in interest has been assigned or attached.
17. The Accountant does not request that the Court approve and confirm a Statement
of Proposed Distribution.
18. Your petitioner, therefore, asks that this Court approve and confirm all prior
4
transactions, expenses, distributions and disbursements paid fi.om the Trust as outlined in Parts I
& II of the attached Account.
COMMUNITY TRUST COMPANY, TRUSTEE:
BY: Susan A. Russell, ~
Vice President & Trust Officer
COMMONWEALTH OF PENNSYLVANIA ·
COUNTY OF CUMBERLAND ·
SS:
The above named Petitioner/Accountant, being duly sworn, does depose and say that the
facts set forth in the foregoing Petition which are within the personal knowledge of the Petitioner
are tree, and as to the facts based on the information of others, the Petitioner, after diligent
inquiry, believes them to be true.
COMMUNITY TRUST COMPANY, TRUSTEE
Vice President & Trust Officer
SWORN TO and subscribed
before me this ~day of October, 2003.
l~t/ary Public
Notarial SeaJ
Ted L. Walker, Notay Pubr~c
Lemoyne Bom, Cumberland County
My Commission Expires Jan. 20, 2007
Member. Pennsylvania AssoclaOon Of No~a~es
5
U~I'I/.klN'b UUU~'f ~V±~U~
NO:
IN THE MATTER OF THE HOLRAN
FAMILY CHARITABLE REMAINDER
UNITRUST U/A Dated April 28,1995
and AMENDMENT TO' TRUST Dated
· November 19, 1999
PETITION AND ORDER
LAW OFFICES OF
G~HALBRONER &-HATCH, P.C.
1013 MUMMA ROAD. SUITE 100. LEMOYNE. PENNSYLVANIA 17043
IN THE MATTER OF:
THE HOLRAN FAMILY
CHARITABLE REMAINDER
UNITRUST U/A Dated
April 28, 1995 and
AMENDMENT Dated
November 19, 1999
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
PENNSYLVANIA
ORPHANS' COURT DIVISION
No.
NOTICE OF AUDIT
To the following beneficiaries and interested parties of The Holran Family Charitable
Remainder Unitrust U/A dated April 28, 1995, and a certain Amendment to Trust dated
November 19, 1999:'
Barbara E. Holran
1919 Rockford Lane
Lancaster, PA 17601
Bruce G. Holran
1919 Rockford Lane
Lancaster, PA 17601
Commonwealth of Pennsylvania
Attorney General's Office
Charitable Trusts and Organization
14th Floor, Strawberry Square
Harrisburg, PA 17120
NOTICE is hereby given that the First and Partial Account of Community Trust
Company, Trustee of The Holran Family Charitable Remainder Unitrust U/A dated April 28,
1995, and Amendment to Trust dated November 19, 1995, and the corresponding Petition for
Approval of First and Partial Account, have been filed in the Office of the Clerk of the Orphans'
Court division of the Court of Common Pleas of Cumberland County, Pennsylvania, on or before
October 24, 2003, and that the clerk will present the same to the Court for confirmation and audit
on November 25, 2003, at 9:00 a.m. Any person who objects to the transactions shown in the
Account and Petition must file written objections with the Clerk on or before November 25,
2003, at 9:00 a.m., or the Court may otherwise assume that no objections exist or that any
objections have been waived.
A copy of the First and Partial Account of the Trustee; and the Trust Agreement and
Amendment to Trust, and the Petition for Approval of First and Partial Account are enclosed
herewith.
If you have questions concerning the enclosed documents, please contact the undersigned.
GATES, HAL ER ~ HATCH, P.C.
By:~~
Lowell R/. Gates, Esqu'i're
PA I.D./#46779
1013 M/umma Road, Suite 100
Lemoyfie, PA 17043
Counsel for the Trustee
Date: October_~, 2003
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHAN'S COURT DIVISION
NO:
IN THE MATTER OF THE HOLRAN
FAMILY CHARITABLE REMAINDER
UNITRUST UfA Dated April 28, 1995
and AMENDMENT TO TRUST Dated
November 19, 1999
NOTICE OF AUDIT
LAW OFFICES OF
GA-~, HALBRUNER ~s~- HATCH, P.C~
1013 MUMMA ROAD. SUITE 100 LEMOYNE PENNSYLVANIA 17043
IN THE MATTER OF:
THE HOLRAN FAMILY
CHARITABLE REMAINDER
UNITRUST U/A Dated
April 28, 1995 and
AMENDMENT Dated
November 19, 1999
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
PENNSYLVANIA
ORPHANS' COURT DIVISION
CERTIFICATION OF NOTICE
OF
FIRST AND PARTIAl, ACCOUNT
To The Clerk, Cumberland County Orphans' Court Division:
In accordance with C.C.O.C.R. 6.3-1, I hereby certify that I gave written notice of the
time of presentation of the First and Partial Account and Petition for Approval filed by
Community Trust Company, Trustee of the above-captioned Trust, together with a copy of said
Account and Petition at least twenty days prior to Tuesday, November 25, 2003, which is the date
fixed for confirmation of said Account by certified mail to every person known to Community
Trust Company, Trustee, to have an interest in the trust as beneficiary, creditor, heir or next of
kin. The name and address of each such person is set forth on Exhibit "A" which is attached
hereto and incorporated herein by reference.
G~ER & HATCH, P.C.
B : ,.[/[/x,...~ ~
Lowell 1~. Gates, ~sq~ire
PA I.D/#46779
1013 l~lumma Road, Suite 100
Lemo/qne, PA 17043
(717) 731-9600
(Attorneys for Community Trust
Company Trustee)
DATED: October ~-~, 2003
EXHIBIT "A"
Barbara E. Holran
1919 Rockford Lane
Lancaster, PA 17601
Bruce G. Holran
1919 Rockford Lane
Lancaster, PA 17601
Commonwealth of Pennsylvania
Attomey General's Office
Charitable Trusts and Organization
14th Floor, Strawberry Square
Harrisburg, PA 17120
NO:
IN THE MATTER OF THE HOLRAN
FAMILY CHARITABLE REMAINDER
UNITRUST U/A Dated April 28,
and AMENDMENT TO TRUST Dated
November 19, 1999
199
CERTIFICATION
LAW OFFICES OF
G~ HALBRUNER fist- HATCH, P.C.
1013 MUMMA ROAD. SUITE 100 LEMOYNE, PENNSYLVANIA 17043
LOWELL R. GATES
Also Admitted to Massachusetts Bar
MARK E, HALBRUNER
Also Admitted to New Jersey Bar
CRAIG A HATCH
CORY J. SNOOK
ALBERT N. PETERLIN
Also Admitted to Maryland Bar
STACEY L. NACE
Paralegal/Office Manager
TRACI L. SEPKOVIC
Paralegal
VALERIE LONG
Paralegal
LAW OFFICES OF
GATES HALBRUNER &-HATCH P.C.
1013 MUMMA ROAD · SUITE 100 ° LEMOYNE, PENNSYLVANIA 17043
(717) 731-9600 ° FAX: (717) 731-9627
November 25, 2003
BRANCH OFFICES:
3 WEST MONUMENT SQUARE, SUITE 304
LEWISTOWN, PA 17044
(717) 248-6909
2917 NORTH FRONT STREET, SUITE 302
HARRISBURG, PA 17110
(717) 731-9600
WEB SITE:
www. GatesLawFirm.com
CORRESPONDENCE ADDRESS:
Lemoyne Office
Cumberland County Courthouse
Register of Wills
One Courthouse Square
Carlisle, PA 17013
Re'.
The Holran Family Charitable Remainder Unitrust
First and Partial Account - Audit Date: 11/25/2003
Dear Sir/Madam:
With further reference to the above matter, enclosed please find a copy of a letter dated
November 17, 2003, from Deputy Attomey General John L. Downing with the Office of the
Attorney General. By Mr. Downing's letter, we are advised that the Attorney General's Office
has no objections to the First and Partial Account.
Thank you for your assistance with this ma~q'.
Sin,/er~y,/ I ,//~
L( well R. Gates
LRG:vl
Enclosure
cc: Susan A. Russell, Senior Vice President & COO
Community Trust Company (with copy of enclosure)
John L. Downing, Deputy Attorney General
Charitable Trusts and Organizations Section
COMMONWEALTH OF PENNSYLVANIA
OFFICE OF ATTORNEY GENERAL
MIKE FISHER
ATTORNEY GENERAL
November 17, 2003
Charitable Trusts and
Organizations Section
14th Fir., Strawberry Square
Harrisburg, PA 17120
Telephone: (71 7) 787-131 7
Facsimile: (71 7) 787-1190
Lowell R. Gates, Esquire
1013 Mumma Road
Suite 100
Lemoyne, PA 1 7043
Re: The Holran Family Charitable Remainder Unitrust/Emp. ID. No 39-6484343
Dear Mr. Gates:
This will acknowledge receipt of your notice pursuant to Supreme Court Orphans'
Court Rule 5.5 regarding the above-captioned matter.
I have reviewed the First and Partial Account prepared by Community Trust
Company, as Trustee of the Holran Family Charitable Remainder Unitrust, and have no
objection. At your earliest convenience, kindly forward an executed copy of the decree.
Please be advised that this review was conducted pursuant to the parens patriae
function of this office and has no bearing on any matter unrelated thereto..
Very truly yours,
////John L. Downing
~/ Deputy Attorney General
J LD/srh
COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
FIRST AND PARTIAL ACCOUNT
of
COMMUNITY TRUST COMPANY, TRUSTEE
for
THE HOLRAN FAMILY CHARITABLE REMAINDER UNITRUST
Dated April 28, 1995 with Amendment to Trust dated November 19, 1999
DATE OF TRUSTEE'S APPOINTMENT: April 28, 1995
DATE OF TRUST AMENDMENT · November 19, 1999
ORIGINAL FUNDING OF TRUST:
April 28, 1995
ACCOUNTING FOR THE PERIOD:
April 28, 1995 -to-
September 30, 2003
Purpose of Account: Community Trust Company, Trustee, offers this Account for the purpose
of seeking approval by the Court of prior transactions, expenses, distributions and disbursements.
Important Notice: It is important that the Account be care~examined. Requests for
additional information, or questions, or objections, can be ~scu~/sed with or presented to the
undersigned.
LowelJ/R. Gates, E-Ig'~ire
SgAP~Y~t I2B~4R677UN~R & HAICH, P.C.
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
Phone: (717) 731-9600
Fax: (717) 731-9627
Dated: October 23, 2003
THE HOLRAN FAMILY CHARITABLE REMAINDER UNITRUST
FIRST AND PARTIAL ACCOUNT
PART I
Covering the Period 04/28/1995 through 12/31/1995
SUMMARY OF ACCOUNT
Holran Charitable Remainder Unitrust
For Period 04/28/95 Through 12/31/95
Principal
Receipts
Net Gain (or Loss) on Sales or
Other Dispositions
Other Receipts of Income
Less Disbursements
Balance before Distributions
Distributions to Beneficiaries
Principal Balance on Hand
Income
Receipts
Less Disbursements
Balance before Distributions
Distributions to Beneficiaries
Income Balance on Hand
Combined Balance on Hand
Page
Fiduciary
Acquisition
Value
$876,000.00
0.00
0.00
$876,000.00
0.00
$876,000.00
0.00
$876,000.00
$ 0.00
0.00
$ 0.00
0.00
$ o.oo
$876,000.00
RECEIPTS OF PRINCIPAL
Holran Charitable Remainder Unitrust
As of 12/31/95
Page 1
Assets Listed in Inventory
(Valued as of date received)
Other Real Property
141.7 Acres Speedwell Forge/Oak Lne
TOTAL INVENTORY
Fiduciary
Acquisition
Value
$876,000.00
$876,000.00
PRINCIPAL BALANCE ON HAND
Holran Charitable Remainder Unitrust
As of 12/31/95
Page 2
Other Real Property
141.7 Acres Speedwell Forge/Oak Lne
PRINCIPAL BALANCE ON HAND
Current
Value
$876,000.00
$876,000.00
Carrying
Value
$876,000.00
$876,000.00
THE HOLRAN FAMILY CHARITABLE REMAINDER UNITRUST
FIRST AND PARTIAL ACCOUNT
PART II
Covering the Period 01/01/1996 through 09/30/2003
SUMMARY OF ACCOUNT
The Holran Family Charitable Irrevoc&ble Trust
for Period
January 1, 1996 TO September 30, 2003
II.
Report of Assets
Beginning Balance - Income Cash
Insurance Annuity Payments 2-3
Asset Sales and Transfers 3-11
Dividends Received 11
Interest Received 11-13
TOTAL INCOME CASH RECEIPTS
Asset Purchases from Income 13-18
Fees Paid - General 18-21
Income Distributions 22
TOTAL INCOME CASH DISBURSEMENTS
ENDING BALANCE - INCOME CASH
Beginning Balance - Principal Cash
Contributions Received 24
Asset Sales and Transfers 24-25
Miscellaneous Receipts 25
TOTAL PRINCIPAL CASH RECEIPTS
PAGE
1
209,760.00
204,023.63
5.21
916.82
-204,532.05
- 49,899.09
-160,272.25
55.52
2,033,543.65
20,000.00
$ 0.00
414,705.66
-414,703.39
$ 2.27
$ o.oo
2,053,599.17
Taxes 25 - 55.52
Asset Purchases & Transfers 25-26 -2,044,345.34
Fees 26-27 - 9,198.31
TOTAL PRINCIPAL CASH DISBURSEMENTS
ENDING BALANCE - PRINCIPAL CASH
-2,053,599.17
$ 0.00
Non-Cash Transfers In 28
Units Adjustment 28
Book Value Adjustments 28
TOTAL NON-CASH INCREASES
0.00
0.00
32,619.56
$ 32,619.56
-A-
III.
Beginning Balance - Assets at Book Value
Assets Purchased
Total Asset Increases
2,248,877.39
Assets Sold
Assets Distributed
Book Value Adjustments
Total Asset Decreases
- 2,458,254.23
32,619.56
ENDING BALANCE - ASSETS
$ 876,000.00
$ 2,248,877.39
-$2,425,634.67
$ 699,242.72
-B-
REPORT OF ASSETS
COMMUNITY TRUST COMPANY TRUSTEE OF
THE HOLRAN FAMILY CHARITABLE
REMAINDER UNITRUST, DATED: 04/28/95
ACCOUNT 2130102 AS OF 09/30/2003
BAN K ACCOUNTS
DEMAND DEPOSITS - OTHER BANKS
1. COMMERCE BANK
MONEY MARKET FUNDS
2. FEDERATED GOV'T
OBLIGATIONS FD #395
Market Value
Units Price 09~30/2003
Book Value
TOTAL BANK ACCOUNTS
12 1.0000 11.60 11.60
14,220 1.0000 14,220.35 14,220.35
MISCELLANEOUS
OTHER INVESTMENTS
3. AMERICAN SKANDIA
AN N UlT¥ #000563092
TOTAL MISCELLANEOUS
14,231.95
14,231.95
PAGE
1 652,002.3300 652,002.33 685,010.77
652,002.33
685,010.77
TOTAL CASH: 2.27
TOTAL INVESTMENTS
INCOME CASH ON HAND
PRINCIPAL CASH ON HAND
TOTAL ASSETS
666,234.28
2.27
0.00
666,236.55
699,242.72
2.27
0.00
699,244.99
REPORT OF ASSETS
COMMUNITY TRUST COMPANY TRUSTEE OF
THE HOLRAN FAMILY CHARITABLE
REMAINDER UNITRUST, DATED: 04128195
ACCOUNT 2130102 AS OF 09/30/2003
BANK ACCOUNTS
DEMAND DEPOSITS - OTHER BANKS
1. COMMERCE BANK
MONEY MARKET FUNDS
2. FEDERATED GOV'T
OBLIGATIONS FD #395
Market Value
Units Price 09/30/2003
Book Value
TOTAL BANK ACCOUNTS
12 1.0000 11.60 11.60
14,220 1.0000 14,220.35 14,220.35
MISCELLANEOUS
OTHER INVESTMENTS
3. AMERICAN SKANDIA
ANNUITY #000563092
TOTAL MISCELLANEOUS
14,231.95
14,231.95
PAGE
1 652,002.3300 652,002.33 685,010.77
652,002.33
685,010.77
TOTALINVESTMENTS
INCOME CASH ON HAND
PRINCIPAL CASH ON HAND
TOTAL ASSETS
666,234.28
2.27
0.00
666,236.55
699,242.72
2.27
0.00
699,244.99
TOTAL CASH: 2.27
REPORT OF INCOME CASH
COMMUNITY TRUST COMPANY TRUSTEE OF
THE HOLRAN FAMILY CHARITABLE
REMAINDER UNITRUST, DATED: 04/28/95
ACCOUNT 2130102 FOR DATES 01/01/1995 TO 09/30/2003
PAGE
2
BEGINNING BALANCE
INCOME CASH RECEIPTS
1. INSURANCE ANNUITY PAYMENTS
Withdrawal from Annuity
PROVIDENT MUTUAL LIFE & ANNUITY CO.
11/22/1996 020426988
12/24/1996 INTEREST EARNED ON PM
ANNUITY 020426988
01/24/1997
02/24/1997
03/25/1997
04/25/1997
05/22/1997
06/24/1997
07/24/1997
08/25/1997
09/25/1997
10/24/1997
11/25/1997
12/30/1997
01/27/1998
02/24/1998
03/24/1998
04/27/1998
05/27/1998
06/16/1998
08/25/1998
02/19/1999
11/30/1999
01/05/2000
03/20/2000
04/25/2000
05/26/2000
06/23/2000
07/19/2000
08/21/2000
INTEREST EARNED ON PM
ANNUITY 0204269880
INTEREST EARNED ON PM
ANNUITY 020426988-0
INTEREST EARNED ON PM
ANNUITY 0204269880
INTEREST EARNED ON PM
ANNUITY 020426988-0
AN N U ITY #0204269880
PROVIDENT MUTUAL ANNUITY
#0204269880
PROVIDENT MUTUAL
550.00
550.00
550.00
550.00
550.00
550.00
550.00
550.00
550.00
550.00
550.00
550.00
550.00
550.00
550.00
550.00
550.00
550.00
550.00
50,000.00
3,400.00
6,600.00
2,400.00
49,000.00
1,829.00
1,829.00
1,829.00
1,829.00
1,829.00
1,829.00
0.00
REPORT OF INCOME CASH
COMMUNITY TRUST COMPANY TRUSTEE OF
THE HOLRAN FAMILY CHARITABLE
REMAINDER UNITRUST, DATED: 04/28/95
ACCOUNT 2130102 FOR DATES 01/01/1995 TO 09/30/2003
PAGE
3
09/26/2000
10/24/2000
11/20/2000
12/19~2000
01/17/2001
AMERICAN SKANDIA ANNUITY #000563092
09/25/2002
Total Withdrawal from Annuity
TOTAL INSURANCE ANNUITY PAYMENTS
2. ASSET SALES AND TRANSFERS
Sale of an Income Asset
FEDERATED GOV'T OBLIGATIONS FD #395
05/13/2003 Sold 572.64 units
Purchased 05/01/2003
No gain or loss
06/11/2003
Sold 570.79 units
Purchased 05/01/2003
No gain or loss
07/15/2O03
Sold 613.26 units
Purchased 05/01/2003
No gain or loss
COMMERCE BANK
10/17/1996 Sold 162.93 units
Purchased 10/02/1996
No gain or loss
01/15/1997
Sold 10.3 units
Purchased 12/24/1996
No gain or loss
02/06/1997
Sold .01 units
Purchased 01/08/1997
No gain or loss
1,829.00
1,829.00
1,829.00
1,829.00
62,000.00
7,620.00
209,760.00
572.64
570.79
613.26
162.93
10.30
.01
2O9,760.0O
REPORT OF INCOME CASH
COMMUNITY TRUST COMPANY TRUSTEE OF
THE HOLRAN FAMILY CHARITABLE
REMAINDER UNITRUST, DATED: 04/28/95
ACCOUNT 2130102 FOR DATES 01/01/1995 TO 09/30/2003
PAGE
4
02/06/1997
04/10/1997
04/10/1997
05/12/1997
06/09/1997
07/08/1997
07/09/1997
08/12/1997
09/11/1997
09/25/1997
10/10/1997
Sold 81,94 units
Purchased 01/24/1997
No gain or loss
Sold .07 units
Purchased 02/08/1997
No gain or loss
Sold 204.26 units
Purchased 03/25/1997
No gain or loss
Sold 268.28 units
Purchased 04/25/1997
No gain or loss
Sold 338.56 units
Purchased 05/08/1997
No gain or loss
Sold .35 units
Purchased 07/08/1997
No gain or loss
Sold 388.4 units
Purchased 06/08/1997
No gain or loss
Sold 417.8
Purchased
No gain or
units
07/24/1997
loss
Sold 440.67 units
Purchased 08/25/1997
No gain or loss
Sold 89.3 units
Purchased 09/25/1997
No gain or loss
Sold 461.08 units
Purchased 09/25/1997
No gain or loss
81.94
.07
204.26
268.28
338.56
.35
388.40
417.80
440.67
89.30
461.08
REPORT OF INCOME CASH
COMMUNITY TRUST COMPANY TRUSTEE OF
THE HOLRAN FAMILY CHARITABLE
REMAINDER UNITRUST, DATED: 04/28/95
ACCOUNT 2130102 FOR DATES 01/01/1995 TO 09/30/2003
PAGE
5
11/12/1997 Sold 475.57 units
Purchased 10/24/1997
No gain or loss
12/10/1997
Sold 486.95 units
Purchased 11/25/1997
No gain or loss
01/08/1998
Sold 510.07 units
Purchased 12/30/1997
No gain or loss
02/06/1998
Sold 533.82 units
Purchased on multiple dates
No gain or loss
03/05/1998
Sold 547.48 units
Purchased on multiple dates
No gain or loss
04/10/1998
Sold 553.19 units
Purchased on multiple dates
No gain or loss
05/11/1998
Sold 538.11 units
Purchased 04/27/1998
No gain or loss
06/08/1998
Sold 520.11 units
Purchased 05/27/1998
No gain or loss
06/17/1998
Sold 50,000 units
Purchased 06/16/1998
No gain or loss
08/25/1998
Sold 538.95 units
Purchased 08/25/1998
No gain or loss
09/17/1998
Sold 518.36 units
Purchased 08/25/1998
No gain or loss
475.57
486.95
510.07
533.82
547.48
553.19
538.11
520.11
50,000.00
538.95
518.36
REPORT OF INCOME CASH
COMMUNITY TRUST COMPANY TRUSTEE OF
THE HOLRAN FAMILY CHARITABLE
REMAINDER UNITRUST, DATED: 04/28/95
ACCOUNT 2130102 FOR DATES 01/01/1995 TO 09/30/2003
PAGE
6
10/01/1998
11/10/1998
12/04/1998
12/31/1998
02/23/1999
03/05/1999
04/02/1999
05/12/1999
06/10/1999
07/14/1999
08/03/1999
Sold 518.1 units
Purchased 08/25/1998
No gain or loss
Sold 499.35 units
Purchased 08/25/1998
No gain or loss
Sold 499.1 units
Purchased 08/25/1998
No gain or loss
Sold 252.83 units
Purchased 08/25/1998
No gain or loss
Sold 826.47 units
Purchased 02/19/1999
No gain or loss
Sold 542.71 units
Purchased 02/19/1999
No gain or loss
Sold 535.76 units
Purchased 02/19/1999
No gain or loss
Sold 525.23 units
Purchased 02/19/1999
No gain or loss
Sold 524.97 units
Purchased 02/19/1999
No gain or loss
Sold 566.08 units
Purchased 02/19/1999
No gain or loss
Sold 565.8 units
Purchased 02/19/1999
No gain or loss
518.10
499.35
499.10
252.83
826.47
542.71
535.76
525.23
524.97
566.08
565.80
REPORT OF INCOME CASH
COMMUNITY TRUST COMPANY TRUSTEE OF
THE HOLRAN FAMILY CHARITABLE
REMAINDER UNITRUST, DATED: 04/28/95
ACCOUNT 2130102 FOR DATES 01/01/1995 TO 09/30/2003
PAGE
7
09/02/1999
10/01/1999
11/09/1999
12/09/1999
12/10/1999
01/12/2000
01/12/2000
02/11/2000
03/15/2000
04/12/2000
05/15/2000
Sold 775.85 units
Purchased 02/19/1999
No gain or loss
Sold 775.21 units
Purchased 02/19/1999
No gain or loss
Sold 768.67 units
Purchased 02/19/1999
No gain or loss
Sold 1,828.12 units
Purchased 07/06/1999
No gain or loss
Sold 797.8 units
Purchased 12/07/1999
No gain or loss
Sold 798.06 units
Purchased 12/31/1999
No gain or loss
Sold 40,015 units
Purchased 01/11/2000
No gain or loss
Sold 782.78 units
Purchased 01/11/2000
No gain or loss
Sold 759.73 units
Purchased 01/11/2000
No gain or loss
Sold 790.16 units
Purchased 01/11/2000
No gain or loss
Sold 770.8 units
Purchased 01/11/2000
No gain or loss
775.85
775.21
768.67
1,828.12
797.80
798.06
40,015.00
782.78
759.73
790.16
770.80
REPORT OF INCOME CASH
COMMUNITY TRUST COMPANY TRUSTEE OF
THE HOLRAN FAMILY CHARITABLE
REMAINDER UNITRUST, DATED: 04/28/95
ACCOUNT 2130102 FOR DATES 01/01/1995 TO 09/30/2003
PAGE
8
05/30/2000
06/08/2000
06/28/2000
07/12/2000
07/25/2000
08/14/2000
08/29/2000
09/11/2000
09/26/2000
10/12/2000
Sold 1,827.24 units
Purchased 01/11/2000
No gain or loss
Sold 770.16 units
Purchased 01/11/2000
No gain or loss
Sold 1,828.12 units
Purchased 01/11/2000
No gain or loss
BARBARA E. HOLRAN
Sold 796.58 units
Purchased 01/11/2000
No gain or loss
Sold 1,828.12 units
Purchased 05/26/2000
No gain or loss
Sold 789.9 units
Purchased 06/23/2000
No gain or loss
Sold 1,828.12 units
Purchased 06/23/2000
No gain or loss
Sold 798.83 units
Purchased 07/25/2000
No gain or loss
Sold 1,828.12 units
Purchased 07/25/2000
No gain or loss
Sold 777.91 units
Purchased 08/28/2000
No gain or loss
1,827.24
770.16
1,828.12
796.58
1,828.12
789.90
1,828.12
798.83
1,828.12
777.91
REPORT OF INCOME CASH
COMMUNITY TRUST COMPANY TRUSTEE OF
THE HOLRAN FAMILY CHARITABLE
REMAINDER UNITRUST, DATED: 04/28/95
ACCOUNT 2130102 FOR DATES 01/01/1995 TO 09/30/2003
PAGE
9
10/24/2000
11/08/2000
11/28/2000
12/27/2000
12/29/2000
01/18/2001
02/09/2001
03/13/2001
04/11/2001
05/09/2001
06/14/2001
Sold 1,828.12 units
Purchased 09/26/2000
No gain or loss
Sold 739.16 units
Purchased 10/24/2000
No gain or loss
Sold 1,828.12 units
Purchased 10/24/2000
No gain or loss
Sold 1,828.12 units
Purchased 11/28/2000
No gain or loss
Sold 476.01 units
Purchased 12/27/2000
No gain or loss
Sold 50,937.67 units
Purchased 12/27/2000
No gain or loss
Sold 654.88 units
Purchased 01/17/2001
No gain or loss
Sold 654.34 units
Purchased 01/17/2001
No gain or loss
Sold 653.8 units
Purchased 01/17/2001
No gain or loss
Sold 628.12 units
Purchased 01/17/2001
No gain or loss
Sold 627.6 units
Purchased 01/17/2001
No gain or loss
1,828.12
739.16
1,828.12
1,828.12
476.01
5O,937.67
654.88
654.34
653.80
628.12
627.60
REPORT OF INCOME CASH
COMMUNITY TRUST COMPANY TRUSTEE OF
THE HOLRAN FAMILY CHARITABLE
REMAINDER UNITRUST, DATED: 04/28/95
ACCOUNT 2130102 FOR DATES 01/01/1995 TO 09/30/2003
PAGE
10
07/13/2001
08/10/2001
09/13/2001
10/11/2001
11/13/2001
12/14/2001
01/22/2002
03/01/2002
03/15/2002
04/11/2002
04/17/2OO2
Sold 627.08 units
Purchased 01/17/2001
No gain or loss
Sold 634.76 units
Purchased 01/17/2001
No gain or loss
Sold 634.24 units
Purchased 01/17/2001
No gain or loss
Sold 633.71 units
Purchased 01/17/2001
No gain or loss
Sold 564.67 units
Purchased 01/17/2001
No gain or loss
Sold 564.2 units
Purchased 01/17/2001
No gain or loss
Sold 584.56 units
Purchased 01/17/2001
No gain or loss
Sold 633.07 units
Purchased 01/17/2001
No gain or loss
Sold 125 units
Purchased 01/17/2001
No gain or loss
Sold 608.58 units
Purchased 01/17/2001
No gain or loss
Sold 140 units
Purchased 01/17/2001
No gain or loss
627.08
634.76
634.24
633.71
564.67
564.20
584.56
633.07
125.00
608.58
140.00
REPORT OF INCOME CASH
COMMUNITY TRUST COMPANY TRUSTEE OF
THE HOLRAN FAMILY CHARITABLE
REMAINDER UNITRUST, DATED: 04/28/95
ACCOUNT 2130102 FOR DATES 01/01/1995 TO 09/30/2003
PAGE
11
05/15/2002
06/18/2002
07/22/2002
10/02/2002
10/15/2002
11/13/2002
12/16/2002
01/15/2003
02/14/2003
03/13/2003
04/11/2003
Sold 635.08 units
Purchased 01/17/2001
No gain or loss
Sold 634.56 units
Purchased 01/17/2001
No gain or loss
Sold 634.03 units
Purchased 01/17/2001
No gain or loss
Sold 1,267 units
Purchased 01/17/2001
No gain or loss
Sold 563.17 units
Purchased 10/01/2002
No gain or loss
Sold 562.7 units
Purchased 10/01/2002
No gain or loss
Sold 562.23 units
Purchased 10/01/2002
No gain or loss
Sold 579.08 units
Purchased 10/01/2002
No gain or loss
Sold 578.6 units
Purchased 10/01/2002
No gain or loss
Sold 578.12 units
Purchased 10/01/2002
No gain or loss
Sold 573.41 units
Purchased 10/01/2002
No gain or loss
635.08
634.56
634.03
1,267.00
563.17
562.70
562.23
579.08
578.60
578.12
573.41
REPORT OF INCOME CASH
COMMUNITY TRUST COMPANY TRUSTEE OF
THE HOLRAN FAMILY CHARITABLE
REMAINDER UNITRUST, DATED: 04/28/95
ACCOUNT 2130102 FOR DATES 01/01/1995 TO 09/30/2003
PAGE
12
04/30/2003
O5/O 1/2003
06/11/2003
Sold 350 units
Purchased 10/01/2002
No gain or loss
Sold 2,263.54 units
Purchased 10/01/2002
No gain or loss
Sold 1.37 units
Purchased 06/02/2003
No gain or loss
350.00
2,263.54
1.37
Total Sale of an Income Asset
TOTAL ASSET SALES AND TRANSFERS
3. DIVIDENDS RECEIVED
Dividend Receipt
FEDERATED GOV'T OBLIGATIONS FD #395
05/31/2003 DIVIDEND OF
06/30/2003 DIVIDEND OF
07/31/2003 DIVIDEND OF
08/31/2003 DIVIDEND OF
09/30/2003 DIVIDEND OF
Total Dividend Receipt
TOTAL DIVIDENDS RECEIVED
4. INTEREST RECEIVED
Interest Receipt
COMMERCE BANK
09/09/1996 INTEREST EARNED ON PENNFES
10/09/1996
01/08/1997
02/08/1997
05/08/1997
06/08/1997
07/08/1997
ACCOUNT
THROUGH 10/8/96
INTEREST EARNED THROUGH
1/8/97
THRU 02/08/97
06/09/97-07/08/97
204,023.63
1.37
.87
.43
.27
2.27
5.21
421.29
320.48
.01
.O7
.37
3.93
.35
204,023.63
5.21
REPORT OF INCOME CASH
COMMUNITY TRUST COMPANY TRUSTEE OF
THE HOLRAN FAMILY CHARITABLE
REMAINDER UNITRUST, DATED: 04/28/95
ACCOUNT 2130102 FOR DATES 01/01/1995 TO 09/30/2003
PAGE
13
07/31/1997
08/31/1997
09/30/1997
10/31/1997
11/30/1997
12/31/1997
01/31/1998
02/28/1998
03/31/1998
04/30/1998
05/31/1998
06/30/1998
08/31/1998
10/01/1998
10/31/1998
11/30/1998
12/31/1998
02/28/1999
03/31/1999
04/30/1999
05/31/1999
06/30/1999
07/31/1999
08/31/1999
09/30/1999
10/31/1999
11/30/1999
12/31/1999
01/31/2000
02/29/2000
03/31/2000
04/30/2000
05/31/2000
06/30/2000
07/31/2000
08/31/2000
09/30/2000
10/31/2000
11/30/2000
12/31/2000
01/31/2001
02/28/2001
03/31/2001
04/30/2001
9/1/97-9/30/97
.16
.45
.38
.45
.38
.34
.31
.30
.34
.36
.37
2.87
.82
3.16
1.53
1.01
.34
2.37
6.26
5.17
5.31
3.85
3.37
2.96
1.96
1.01
.41
.28
8.13
8.24
7.98
7.23
6.58
5.24
4.53
3.82
2.59
1.79
.75
.50
8.37
11.26
9.45
5.21
REPORT OF INCOME CASH
COMMUNITY TRUST COMPANY TRUSTEE OF
THE HOLRAN FAMILY CHARITABLE
REMAINDER UNITRUST, DATED: 04/28/95
ACCOUNT 2130102 FOR DATES 01/01/1995 TO 09/30/2003
PAGE
14
05/31/2001
06/30/2001
07/31/2001
08/31/2001
09/30/2001
10/31/2001
11/30/2001
12/31/2001
01/31/2002
02/28/2002
03/31/2002
04/30/2002
05/31/2002
06/30/2002
07/31/2002
08/31/2002
Total Interest Receipt
TOTALINTEREST RECEIVED
TOTAL INCOME CASH RECEIPTS
4.59
4.19
4.46
4.05
3.60
3.32
2.05
1.14
1.04
.85
.76
.60
.45
.41
.45
.17
916.82
916.82
414,705.66
INCOME CASH DISBURSEMENTS
5. ASSET PURCHASES FROM INCOME
Purchase Asset from Income
FEDERATED GOV'T OBLIGATIONS FD #395
05/01/2003 2,263.54 UNITS AT 1.00
COMMERCE BANK
09/09/1996 162.93 UNITS AT 1.00
PURCHASE 162.93 UNITS
PENNFES ACCOUNT
12/24/1996 10.3 UNITS AT 1.00
01/08/1997 .01 UNITS AT 1.00
-2,263.54
-162.93
-10.30
-.01
REPORT OF INCOME CASH
COMMUNITY TRUST COMPANY TRUSTEE OF
THE HOLRAN FAMILY CHARITABLE
REMAINDER UNITRUST, DATED: 04/28/95
ACCOUNT 2130102 FOR DATES 01/01/1995 TO 09/30/2003
PAGE
15
01/24/1997 81.94 UNITS AT 1.00
81.94 UNITS @ 1.00
02/08/1997 .07 UNITS AT 1.00
03/25/1997 204.26 UNITS AT 1.00
04/25/1997 268.28 UNITS AT 1.00
05/08/1997 .37 UNITS AT 1.00
05/22/1997 338.19 UN ITS AT 1.00
06/08/1997 3.93 UNITS AT 1.00
06/24/1997 384.47 UNITS AT 1.00
07/08/1997 .35 UNITS AT 1.00
07/24/1997 417.64 UNITS AT 1.00
07/31/1997 .16 UNITS AT 1.00
08/25/1997 440.22 UNITS AT 1.00
08/31/1997 .45 UNITS AT 1.00
09/25/1997 550 UNITS AT 1.00
09/30/1997 .38 UNITS AT 1.00
10/24/1997 475.12 UNITS AT 1.00
10/31/1997 .45 UNITS AT 1.00
11/25/1997 486.57 UNITS AT 1.00
11/30/1997 1 UNITS AT .38
12/30/1997 509.73 UNITS AT 1.00
12/31/1997 .34 U N ITS AT 1.00
-81.94
-.07
-204.26
-268.28
-.37
-338.19
-3.93
-384.47
-.35
-417.64
-.16
-440.22
-.45
-550.00
-.38
-475.12
-.45
-486.57
-.38
-509.73
-.34
REPORT OF INCOME CASH
COMMUNITY TRUST COMPANY TRUSTEE OF
THE HOLRAN FAMILY CHARITABLE
REMAINDER UNITRUST, DATED: 04/28/95
ACCOUNT 2130102 FOR DATES 01/01/1995 TO 09/30/2003
01/27/1998 533.54 UNITS AT 1.00
.01/31/1998 .31 UNITS AT 1.00
02/24/1998 550 UNITS AT 1.00
02/28/1998 .3 UNITS AT 1.00
03/24/1998 550 UNITS AT 1.00
03/31/1998 .34 UNITS AT 1.00
04/27/1998 537.75 UNITS AT 1.00
04/30/1998 .36 UNITS AT 1.00
05/27/1998 519.74 UNITS AT 1.00
05/31/1998 .37 UNITS AT 1.00
06/16/1998 50,000 UNITS AT 1.00
08/25/1998 2,820.17 UNITS AT 1.00
08/31/1998 .82 UNITS AT 1.00
02/19/1999 6,600 UNITS AT 1.00
12/07/1999 2,400 UNITS AT 1.00
01/11/2000 49,000 UNITS AT 1.00
03/28/2000 .88 UNITS AT 1.00
05/26/2000 1,829 UNITS AT 1.00
06/23/2000 1,829 UNITS AT 1.00
07/25/2000 1,829 UNITS AT 1.00
08/28/2000 1,829 UNITS AT 1.00
09/26/2000 1,829 UNITS AT 1.00
-533.54
-.31
-550.00
-.30
-550.00
-.34
-537.75
-.36
-519.74
-.37
-50,000.00
-2,820.17
-.82
-6,600.00
-2,400.00
-49,000.00
-.88
-1,829.00
-1,829.00
-1,829.00
-1,829.00
-1,829.00
PAGE
16
REPORT OF INCOME CASH
COMMUNITY TRUST COMPANY TRUSTEE OF
THE HOLRAN FAMILY CHARITABLE
REMAINDER UNITRUST, DATED: 04/28/95
ACCOUNT 2130102 FOR DATES 01/01/1995 TO 09/30/2003
PAGE
17
10/24/2000 1,829 UNITS AT 1.00
11/28/2000 1,829 UNITS AT 1.00
12/27/2000 1,829 UNITS AT 1.00
01/10/2001 62,000 UNITS AT 1.00
10/01/2002 7,620 UNITS AT 1.00
06/02/2003 1.37 UNITS AT 1.00
07/01/2003 .87 UNITS AT 1.00
08/01/2003 .43 UNITS AT 1.00
09/02/2003 .27 UNITS AT 1.00
-1,829.00
-1,829.00
-1,829.00
-62,000.00
-7,620.00
-1.37
-.87
-.43
-.27
Total Purchase Asset from Income
Interest Reinvestment
COMMERCE BANK
10/01/1998
10/31/1998
11/30/1998
-204,369.60
-3.16
-1.53
-1.01
Total Interest Reinvestment
Cash Management Purchase
COMMERCE BANK
02/28/1999
03/31/1999
04/30/1999
05/31/1999
06/30/1999
-5.70
-2.37
-6.26
-5.17
-5.31
-3.85
REPORT OF INCOME CASH
COMMUNITY TRUST COMPANY TRUSTEE OF
THE HOLRAN FAMILY CHARITABLE
REMAINDER UNITRUST, DATED: 04/28/95
ACCOUNT 2130102 FOR DATES 01/01/1995 TO 09/30/2003
PAGE
18
07/31/1999
08/31/1999
09/30/1999
10/31/1999
11/30/1999
12/31/1999
01/31/2000
02/29/2000
03/31/2000
04/30/2000
05/31/2000
06/30/2000
07/31/2000
08/31/2000
09/30/2000
10/31/2000
11/30/2000
12/31/2000
01/31/2001
02/28/2001
03/31/2001
04/30/2001
-3.37
-2.96
-1.96
-1.01
-.41
-.28
-8.13
-8.24
-7.98
-7.23
-6.58
-5.24
-4.53
-3.82
-2.59
-1.79
-.75
-.50
-8.37
-11.26
-9.45
-5.21
REPORT OF INCOME CASH
COMMUNITY TRUST COMPANY TRUSTEE OF
THE HOLRAN FAMILY CHARITABLE
REMAINDER UNITRUST, DATED: 04/28/95
ACCOUNT 2130102 FOR DATES 01/01/1995 TO 09/30/2003
PAGE
19
05/31/2001
06/30/2001
07/31/2001
08/31/2001
09/30/2001
10/31/2001
11/30/2001
12/31/2001
01/31/2002
02/28/2002
03/31/2002
04/30/2002
05/31/2002
06/30/2002
07/31/2002
08/31/2002
-4.59
-4.19
-4.46
-4.05
-3.60
-3.32
-2.05
-1.14
-1.04
-.85
-.76
-.60
-.45
-.41
-.45
-.17
Total Cash Management Purchase
TOTAL ASSET PURCHASES FROM INCOME
FEES PAID - GENERAL
Wire Transfer Fee
01/12/2000
Total Wire Transfer Fee
-156.75
-15.00
-15.00
-204,532.05
REPORT OF INCOME CASH
COMMUNITY TRUST COMPANY TRUSTEE OF
THE HOLRAN FAMILY CHARITABLE
REMAINDER UNITRUST, DATED: 04/28/95
ACCOUNT 2130102 FOR DATES 01/01/1995 TO 09/30/2003
PAGE
20
Fiduciary Tax Prep Fee
04/17/2002 PREPARATION OF FIDUCIARY
INCOME TAX RETURNS
04/30/2003
Total Fiduciary Tax Prep Fee
Trustee
Fees - Regular
09/13/1996 TRUSTEES FEE FOR 8/96 BASED
ON MKT VAL 683432.97
10/15/1996
11/11/1996
12/10/1996
01/09/1997
02/06/1997
03/11/1997
04/10/1997
05/12/1997
06/09/1997
07/09/1997
08/12/1997
09/11/1997
10/10/1997
11/12/1997
12/10/1997
01/08/1998
02/06/1998
03/05/1998
04/10/1998
05/11/1998
06/08/1998
07/08/1998
08/25/1998
09/17/1998
10/01/1998
11/10/1998
12/04/1998
12/31/1998
12/97
JANUARY 1998
JUNE TRUSTEE FEE
JULY TRUSTEE FEE
FOR 1 MONTH(S) ENDING
08/31/98
For 1 month(s) ending
09/30/98
FOR 1 MONTH(S) ENDING
10/31/98
FOR 1 MONTH(S) ENDING
11/30/98
PARTIAL FEE FOR 1 MONTH(S)
ENDING 12/31/98
-140.00
-350.00
-490.00
-258.36
-465.34
-466.49
-478.35
-478.36
-485.64
-492.05
-486.05
-480.09
-504.09
-521.11
-527.58
-529.97
-535.96
-539.00
-527.22
-526.53
-533.82
-547.48
-565.44
-568.37
-563.59
-539.22
-538.95
-518.36
-518.10
-499.35
-499.10
-253.17
REPORT OF INCOME CASH
COMMUNITY TRUST COMPANY TRUSTEE OF
THE HOLRAN FAMILY CHARITABLE
REMAINDER UNITRUST, DATED: 04/28/95
ACCOUNT 2130102 FOR DATES 01/01/1995 TO 09/30/2003
PAGE
21
02/23/1999
02/23/1999
03/05/1999
04/02/1999
05/12/1999
06/10/1999
07/14/1999
08/03/1999
09/02/1999
10/01/1999
11/09/1999
12/10/1999
01/12/2000
01/12/2000
02/11/2000
03/15/2000
04/12/2000
05/15/2000
06/08/2000
07/12/2000
08/14/2000
FOR 1 MONTH(S) ENDING -539.82
01/31/99
FOR 1 MONTH(S) ENDING -286.65
12/31/98
REMAINING BALANCE OF FEE
FOR 1 MONTH(S) ENDING -542.71
02/28/99
FOR 1 MONTH(S) ENDING -535.76
03/31/99
FOR 1 MONTH(S) ENDING -525.23
04/30/99
FOR 1 MONTH(S) ENDING -524.97
05/31/99
FOR 1 MONTH(S) ENDING -566.08
06/30/99
FOR 1 MONTH(S) ENDING -565.80
07/31/99
FOR 1 MONTH(S) ENDING -775.85
08/31/99
FOR 1 MONTH(S) ENDING -775.21
09/30/99
FOR 1 MONTH(S) ENDING -768.67
10/31/99
FOR 1 MONTH(S) ENDING -797.80
11/30/99
PARTIAL FEE OF $799.02
FOR 1 MONTH(S) ENDING -796.84
12/31/99
FOR I MONTH(S) ENDING -1.22
11/30/99
FOR 1 MONTH(S) ENDING -782.78
01/31/00
FOR 1 MONTH(S) ENDING -759.73
02/29/00
FOR 1 MONTH(S) ENDING -790.16
03/31/00
FOR 1 MONTH(S) ENDING -770.80
04/30/00
FOR 1 MONTH(S) ENDING -770.16
05/31/00
FOR 1 MONTH(S) ENDING -796.58
06/30/00
FOR 1 MONTH(S) ENDING -789.90
07/31/00
REPORT OF INCOME CASH
COMMUNITY TRUST COMPANY TRUSTEE OF
THE HOLRAN FAMILY CHARITABLE
REMAINDER UNITRUST, DATED: 04/28/95
ACCOUNT 2130102 FOR DATES 01/01/1995 TO 09/30/2003
PAGE
22
09/11/2000
10/12~2000
11/08/2000
12~29~2O00
01/18/2001
01/18/2001
02/09/2001
03/13/2001
04/11/2001
05/09/2001
06/14/2001
07/13/2001
08/10/2001
09/13/2001
10/11/2001
11/13/2001
12/14/2001
01/22/2002
03/01/2002
03/15/2002
04/11/2002
FOR 1 MONTH(S) ENDING -798.83
08~31/00
FOR 1 MONTH(S) ENDING -777.91
09/30/00
FOR 1 MONTH(S) ENDING -739.16
10/31/00
PARTIAL TRUSTEE FEE FOR 1 -476.01
MONTH(S)
ENDING 11/30/00
BALANCE OF TRUSTEE FEE FOR 1 -239.47
MONTH(S)
ENDING 11/30/00
FOR 1 MONTH(S) ENDING -698.20
12/31/00
FOR 1 MONTH(S) ENDING -654.88
01/31/01
FOR 1 MONTH(S) ENDING -654.34
02/28/01
FOR 1 MONTH(S) ENDING -653.80
03/31/01
FOR 1 MONTH(S) ENDING -628.12
04/30/01
FOR 1 MONTH(S) ENDING -627.60
05/31/01
FOR 1 MONTH(S) ENDING -627.08
06/30/01
FOR 1 MONTH(S) ENDING -634.76
07/31/01
FOR 1 MONTH(S) ENDING -634.24
08/31/01
FOR 1 MONTH(S) ENDING -633.71
09/30/01
FOR 1 MONTH(S) ENDING -564.67
10/31/01
FOR 1 MONTH(S) ENDING -564.20
11/30/01
FOR 1 MONTH(S) ENDING -584.56
12/31/01
FOR 1 MONTH(S) ENDING -633.07
01/31/02
FOR 1 MONTH(S) ENDING -125.00
02/28/02
FOR 1 MONTH(S) ENDING -608.58
03/31/02
REPORT OF INCOME CASH
COMMUNITY TRUST COMPANY TRUSTEE OF
THE HOLRAN FAMILY CHARITABLE
REMAINDER UNITRUST, DATED: 04/28/95
ACCOUNT 2130102 FOR DATES 01/01/1995 TO 09/30/2003
PAGE
23
05/15/2002
06/18/2002
07/22/2002
08/14/2002
09/11/2002
10/15/2002
11/13/2002
12/16/2002
01/15/2003
02/14/2003
03/13/2003
04/11/2003
05/13/2003
06/11/2003
07/14/2003
FOR 1 MONTH(S) ENDING
04~30/02
FOR 1 MONTH(S) ENDING
05/31/02
FOR 1 MONTH(S) ENDING
06/30/02
FOR 1 MONTH(S) ENDING
07/31/02
FOR 1 MONTH(S) ENDING
08/31/02
FOR 1 MONTH(S) ENDING
09/30/02
FOR 1 MONTH(S) ENDING
10/31/02
FOR 1 MONTH(S) ENDING
11/30/02
FOR 1 MONTH(S) ENDING
12/31/02
FOR 1 MONTH(S) ENDING
01/31/03
FOR 1 MONTH(S) ENDING
02/28/03
FOR 1 MONTH(S) ENDING
03/31/03
FOR 1 MONTH(S) ENDING
04/30/03
FOR 1 MONTH(S) ENDING
05/31/03
FOR 1 MONTH(S) ENDING
06/30/03
Total Trustee Fees - Regular
TOTAL FEES Paid - GENERAL
7. INCOME DISTRIBUTIONS
Income Distribution
06/17/1998 WIRE TO BARBARA HOLRAN AT
FARMERS FIRST BK, LITITZ
Check # WIRE
12/09/1999 PAID TO BARBARA HOLRAN
INCOME DISTRIBUTION
-635.08
-634.56
-634.03
-633.50
-633.50
-563.17
-562.70
-562.23
-579.08
-578.60
-578.12
-573.41
-572.64
-572.16
-613.26
-49,394.09
-50,000.00
-1,828.12
-49,899.09
REPORT OF INCOME CASH
COMMUNITY TRUST COMPANY TRUSTEE OF
THE HOLRAN FAMILY CHARITABLE
REMAINDER UNITRUST, DATED: 04/28/95
ACCOUNT 2130102 FOR DATES 01/01/1995 TO 09/30/2003
PAGE
24
01/12/2000 PAID TO BARBARA E. HOLRAN
WIRE TO FARMERS FIRST BANK,
LITITZ, PA
01/18/2001 PAY TO BARBARA E. HOLRAN
WIRE TO FARMERS FIRST BANK,
LITITZ, PA
01/18/2001 PAY TO BARBARA E. HOLRAN
Total Income Distribution
Monthly Income Distribution
10/17/1996 BARBARA HOLRAN
03/28/2000
04/25/2000
05/30/2000
06/28/2000
07/25/2000
08/29/2000
09/26/2000
10/24/2000
11/28/2000
12/27/2000
Check # 1367
PAY TO BARBARA HOLRAN;
INCOME DISTRIBUTION
PAY TO BARBARA HOLRAN;
INCOME DISTRIBUTION
PAY TO BARBARA HOLRAN;
INCOME DISTRIBUTION
PAY TO BARBARA HOLRAN;
INCOME DISTRIBUTION
PAY TO BARBARA HOLRAN;
INCOME DISTRIBUTION
PAY TO BARBARA HOLRAN;
INCOME DISTRIBUTION
PAY TO BARBARA HOLRAN;
INCOME DISTRIBUTION
PAY TO BARBARA HOLRAN;
INCOME DISTRIBUTION
PAY TO BARBARA HOLRAN;
INCOME DISTRIBUTION
PAY TO BARBARA HOLRAN;
INCOME DISTRIBUTION
Total Monthly Income Distribution
TOTAL INCOME DISTRIBUTIONS
-40,000.00
-40,000.00
-10,000.00
-141,828.12
-162.93
-1,828.12
-1,829.00
-1,827.24
-1,828.12
-1,828.12
-1,828.12
-1,828.12
-1,828.12
-1,828.12
-1,828.12
-18,444.13
-160,272.25
TOTAL INCOME CASH DISBURSEMENTS -414,703.39
REPORT OF INCOME CASH
COMMUNITY TRUST COMPANY TRUSTEE OF
THE HOLRAN FAMILY CHARITABLE
REMAINDER UNITRUST, DATED: 04/28/95
ACCOUNT 2130102 FOR DATES 01/01/1995 TO 09/30/2003
PAGE
25
INCOME CASH BALANCE 2.27
REPORT OF PRINCIPAL CASH
COMMUNITY TRUST COMPANY TRUSTEE OF
THE HOLRAN FAMILY CHARITABLE
REMAINDER UNITRUST, DATED: 04/28/95
ACCOUNT 2130102 FOR DATES 01/01/1995 TO 09/30/2003
PAGE
26
BEGINNING BALANCE
PRINCIPAL CASH RECEIPTS
1. CONTRIBUTIONS RECEIVED
Contribution
04/01/1996 CASH RECEIPT OF CONT TO
TRUST BRUCE/BARBARA HOLRAN
Total Contribution
TOTAL CONTRIBUTIONS RECEIVED
2. ASSET SALES AND TRANSFERS
Proceeds from Sale of Asset
PROVIDENT MUTUAL LIFE & ANNUITY CO.
02/08/2002 Sold 1 units
Purchased 09/17/1996
Long-term loss of 28,119.92
1035 EXCHANGE TO AMERICAN
SKANDIA ANNUITY
FEDERATED GOV'T OBLIGATIONS FD #395
09/29/2003 Sold 286.5 units
Purchased 09/23/2003
No gain or loss
SPEEDWELL FORGE ROAD LANCASTER PA
08/30/1996 Sold 1 units
Purchased 04/28/1995
Long-term loss of 192,567.03
PROCEEDS FROM SALE OF 141.7
ACRES SPEEDWELL FORGE
ROAD, LANCASTER, LANCASTER
COUNTY
55.52
55.52
652,391.21
286.50
683,432.97
0.00
55.52
COMMERCE BANK
REPORT OF PRINCIPAL CASH
COMMUNITY TRUST COMPANY TRUSTEE OF
THE HOLRAN FAMILY CHARITABLE
REMAINDER UNITRUST, DATED: 04128195
ACCOUNT 2130102 FOR DATES 01/01/1995 TO 09/30/2003
PAGE
27
09/09/1996
09/17/1996
09/23/2003
Sold 2,921.84 units
Purchased 08/30/1996
No gain or loss
SELL 2921.84 UNITS PENNFES
ACCOUNT
Sold 680,511.13 units
Purchased 08/30/1996
No gain or loss
Sold 14,000 units
Purchased 09/17/2003
No gain or loss
2,921.84
680,511.13
14,000.00
Total Proceeds from Sale of Asset
TOTAL ASSET SALES AND TRANSFERS
MISCELLANEOUS RECEIPTS
Partial Annuity Surrender
AMERICAN SKANDIA ANNUITY #000563092
09/16/2003
Total Partial Annuity Surrender
TOTAL MISCELLANEOUS RECEIPTS
2,033,543.65
20,000.00
20,000.00
2,033,543.65
20,000.00
TOTAL PRINCIPAL CASH RECEIPTS
2,053,599.17
TAXES
Taxes
PRINCIPAL CASH DISBURSEMENTS
04/02/1996 HARRY WINK, TAX COLL.
ELIZABETH TWP, R.E. TAX
Check # 1013
-55.52
REPORT OF PRINCIPAL CASH
COMMUNITY TRUST COMPANY TRUSTEE OF
THE HOLRAN FAMILY CHARITABLE
REMAINDER UNITRUST, DATED: 04/28/95
ACCOUNT 2130102 FOR DATES 01/01/1995 TO 09/30/2003
PAGE 28
Total Taxes
TOTAL TAXES
5. ASSET PURCHASES AND TRANSFERS
Purchase of an Asset
PROVIDENT MUTUAL LIFE & ANNUITY CO.
09/17/1996 1 UNITS
Check # 1317
PROVIDENT MUTUAL ANNUITY
0204269880
FEDERATED GOV'T OBLIGATIONS FD #395
09/23/2003 14,000 UNITS AT 1.00
AMERICAN SKANDIA ANNUITY #000563092
02/27/2002 1 UNITS
1035 EXCHANGE FROM PROVIDENT
MUTUAL ANNUITY
COMMERCE BANK
08/30/1996 683,432.97 UNITS AT 1.00
PURCHASE 683432.97 UNITS
PENNFES ACCOUNT
09/17/2003 14,010.03 UNITS AT 1.00
-55.52
-680,511.13
-14,000.00
-652,391.21
-683,432.97
-14,010.03
-55.52
Total Purchase of an Asset
TOTAL ASSET PURCHASES AND TRANSFERS
FEES
Trustee Fees
09/17/2003 FOR 1 MONTH(S) ENDING
07/31/03
09/17/2003 FOR 1 MONTH(S) ENDING
08/31/03
Total Trustee Fees
-2,044,345.34
~612.75
-612.75
-1,225.50
-2,044,345.34
REPORT OF PRINCIPAL CASH
COMMUNITY TRUST COMPANY TRUSTEE OF
THE HOLRAN FAMILY CHARITABLE
REMAINDER UNITRUST, DATED: 04/28/95
ACCOUNT 2130102 FOR DATES 01/01/1995 TO 09/30/2003
PAGE
29
Legal Fees
09/17/1996
09/17/2003
09~29/2003
Total Legal Fees
TOTAL FEES
LOWELL R. GATES, PC; LEGAL
FEES REF cf4538
Check Cf 1316
GATES, HALBRUNER & HATCH,
P.C.
LEGAL SERVICES RENDERED BY
ATTORNEY ALBERT
PETERLIN WITH AMERICAN
SKANDIA CONCERNING
THE 1035 EXCHANGE OF THE
NATIONWIDE ANNUITY HELD
IN THE ACCOUNT
Check # 010365
GATES, HALBRUNER & HATCH,
P.C.
LEGAL SERVICES RENDERED BY
ATTORNEY ALBERT
PETERLIN WITH AMERICAN
SKANDIA CONCERNING THE 1035
EXCHANGE OF THE NATIONWIDE
ANNUITY HELD IN THE
ACCOUNT
Check # 010415
TOTAL PRINCIPAL CASH DISBURSEMENTS
-2,921.84
-4,764.47
-286.50
-7,972.81
-9,198.31
-2,053,599.17
0.00
PRINCIPAL CASH BALANCE
REPORT OF NON-CASH ENTRIES
COMMUNITY TRUST COMPANY TRUSTEE OF
THE HOLRAN FAMILY CHARITABLE
REMAINDER UNITRUST, DATED: 04128195
ACCOUNT 2130102 FOR DATES 01/01/1995 TO 09~30~2003
PAGE
30
UNITS ADJUSTMENT
Units Adjustment
COMMERCE BANK
11/30/1997 -.62 U N ITS
NON-CASH INCREASES
0.00
Total Units Adjustment
TOTAL UNITS ADJUSTMENT
2. BOOK VALUE ADJUSTMENT
Book Value Adjustment
AMERICAN SKANDIA ANNUITY #000563092
02/15/2002 TRANSACTION TYPE: PURCHASE
CREDIT
MADE BY AMERICAN SKANDIA
02/15/2002 TRANSACTION TYPE: CREDIT
CREDIT MADE BY AMERICAN
SKANDIA
Total Book Value Adjustment
TOTAL BOOK VALUE ADJUSTMENT
0.00
26,095.65
6,523.91
32,619.56
0.00
32,619.56
TOTAL NON-CASH INCREASES 32,619.56
VERIFICATION
On this 2gth day of October 2003, Susan A. Russell, Vice President and Trust Officer of
Community Trust Company, Trustee of The Holran Family Charitable Remainder Unitrust U/A
dated April 28, 1995 and Amendment thereto dated November ! 9, 1999, hereby declare under
oath that said Trustee has fully and faithfully discharged the duties of its office~ that the
foregoing First and Partial Account consisting of PART I and PART II totaling 43 pages,
cover pages and exhibits is true and correct and fully discloses alt significant transactions
occurring during the accounting period~ that all known claims against the Trust during the
accounting period have been paid in full; that to its knowledge, as of September 30, 2003, there
were no claims outstanding against the Trust; and that as of September 30, 2003, all taxes due
fi-om the Trust were paid.
Dated: October 24, 2003
SWORN TO before me this
24th day of October, 2003
Notary Public
i Notarial Seal
Victoda M. Rankin, Notary Public
Lemoyne Bom, Cumberland Counly
My Commission Expires Aug. 27, 2006
Member. Pennsylvania Association Of Notaries
COMMUNITY TRUST COMPANY,
TRUSTEE
)
/
By: Susan A. Russell, ~ice President
and Trust Officer
EXHIBITS
The Holran Family Charitable Remainder Unitrust was established
by Agreement of Trust dated April 28, 1995, and amended by an
Amendment to Trust dated November 19, 1999
Following is a copy of the Agreement of Trust and Amendment to Trust
EXHIBIT A
THE HOLRAN FAMILY CHARITABLE REMAINDER UNITRUST
U/A Dated April 28, 1995
THE
HOLRAN FAMILY
CHARITABLE REMAINDER UNITRUST ~
THIS TRUST AGREEMENT is executed in triplicate on this 28th
day of April, 1995, by and between BARBARA E. HOLRAN, of ~919
Rockford Lane, Lancaster, Lancaster County, Pennsylvania 17601
(herein referred to as "Donor") and PENNSYLVANIA FIDUCIARY & ESTATE
SERVICES, INC., a Pennsylvania corporation,, with its registered
office at 600 North 12th Street, Suite 4, Lemoyne, Cumberland
County, Pennsylvania 17043 (herein referred to as "Trustee").
WITNESSETH:
WHEREAS, Donor desires to establish a charitable remainder
unitrust within the meaning of Section 5 of the Internal Revenue
Service, Revenue Procedure 90-31, 1990-25 I.R.B. 14, and Section
664(d) (2) of the Internal Revenue Code of 1986, as now in effect or
as may hereafter be amended (the "Code").
NOW THEREFORE, for and in consideration of their mutual
covenants and promises, Donor and Trustee agree as follows:
ARTICLE I.
TRUST ESTATE
Donor, desiring to establish an irrevocable trust, does hereby
absolutely and irrevocably transfer, asSign and deliver to the
Trustee and the Trustee's successors and assigns all of Donor's
rights, titles and interests in and to the assets listed on
Schedule "A", attached hereto and made a part hereof (herein
referred to as the "Trust Estate"). As further evidence of such
assignment, Donor 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 the Trust
Estate to the Trustee. Trustee accepts the transfer and assignment
to the Trustee, and undertakes to hold, manage, invest and reinvest
the assets of this Trust, and to distribute the income and
principal of this Trust, IN TRUST NEVERTHELESS, in accordance with
the provisions of this Agreement.
Donor, with the consent of the Trustee, shall have the righ~
at any time to make additions to the principal of this Trust or any
share thereof hereby-established. All the additions shall be held,
governed, and distributed by the Trustee, IN TRUST NEVERTHELESS, in
accordance with the terms and conditions of this Agreement.
ARTICLE II.
IRREVOCABILITY AND LINTTED POWER OF AMENDMENT
Donor has been advised of the consequences of'an irrevocable
trust and hereby declares that this Trust shall be irrevocable and
shall not be altered, amended, revoked, or terminated by Donor or
any other person or persons, except as provided below. The Trustee
shall have the Dower, acting alone, to amend the Trust in any
manner required for the sole purpose of ensuring that the Trust
qualifies and continues to qualify as a charitable remainder
unitrust within the meaning of Section 664(d) (2) and (3) of the
Code.
ARTICLE III.
PAYMENT OF UNITRUST AMOUNT
(A) Calculations ~nd Recipients of Unitrust Amount. In each
taxable year of the Trust, the Trustee shall pay to Donor, BARBARA
E. HOLRAN, during her lifetime, and after her death to Donor's
spouse, BRUCE G. HOLRAN, for such time as Donor's spouse survives
(Donor and Donor's spouse herein referred to as the "Recipients',),
a unitrust amount equal to the lesser of: (a) the Trust income for
the taxable year, as defined in Section 643(b) of the Code and the
regulations thereunder; and (b) six and 50/100 percent (6.50%) of
the net fair market value of the Trust Estate as of the first day
of each taxable year of the Trust (said day herein referred to as
the "Valuation Date"). The unitrust amount for any year shall also
include any amount of Trust income for such year that is in excess
of the percentage amount required to be distributed under clause
(b) of the previous sentence to the extent that the aggregate of
the amounts paid in prior years was less than the aggregate of the
amounts computed at six and 50/100 percent (6.50%) of the net fair
market value of the Trust Estate on the Valuation Dates. Any
income of the Trust for a taxable year in excess of the unitrust
amount shall be added to the Trust principal.
(B) Quarterly Payment of Unitrust Amount. The unitrust
amount shall be paid in quarterly installments, for the quarters
ending March 31, June 30, September 30, and December 31, not later
than forty-five (45) days after the close of the quarter.
(C) Adjustment of Error~. If for any year the net fair
market value of the Trust Estate is incorrectly determined, then
within a reasonable period after the value is finally determined
for federal tax purposes, the Trustee shall pay to the Recipients
(in the case of an undervaluation) or receive from the Recipients
(in the case of an overvaluation) an amount equal to the difference
between the unitrust amount properly payable and the unitrust
amount actually paid.
ARTICLE IV.
PAYMENT OF FEDERAL ESTATE TAX~S
ANu STATE DEATH
The lifetime unitrust interest of the second Recipient, will
take effect upon the death of the first Recipient, only if the-
second Recipient furnishes the funds for payment of any federal
2
estate taxes or state death taxes for which the Trustee may be
liable upon the death of the first Recipient.
ARTICLE V.
PRORATION OF THE UNITRUST AMOUNT
In determining the unitrust amount, the Trustee shall prorate
the same on a daily basis for a short taxable year or short
quarterly period and for the taxable year or quarterly period
ending with the survivor Recipient,s death.
ARTICLE VI.
DISTRIBUTION TO CWARITY
(A) Distribution of Trust Estate. Upon the death of the
survivor Recipient, the Trustee shall distribute all of the then-
remaining Trust Estate and any and all accrued income of the Trust
(excluding any amounts due to either of. the Recipients or their
estates under the provisions of this Trust Agreement) to the
Recipient Charities named by Donor on the permanent allocation
("Permanent Allocation,,) and the temporary allocation ("Revocable
Allocation,,) detailed on a notice delivered to the Trustee which
form is attached hereto as Schedule "B". Any portion of the Trust
Estate designated as a Permanent Allocation shall be irrevocable
and may not be amended at any time or times by Donor. Any portion
of the Trust Estate designated as a Revocable Allocation may be
amended or revised by Donor by delivering a new Revocable
Allocation in the manner described in paragraph (B) of this Article
VI or by delivering a Permanent Allocation. in the manner described.
The Recipient Charities named in the Permanent Allocation and
Revocable Allocation must satisfy the requirements of Sections
170(c), 2055(a) and 2522(a) of the Code, at the time when any of
the Trust Estate is distributed to them. If one or more, but not
all, of the Recipient Charities named in the Permanent Allocation
and Revocable Allocation shall not qualify as an organization
described in Sections 170(c), 2055(a) and 2522(a) of the Code at
the time when any the Trust Estate is distributed to them, then the
portion of the Trust Estate which would otherwise have been
distributed to the non-qualifying Recipient Charities shall be
apportioned among the remaining Recipient Charities on a pro rata
basis. If all of the Recipient Charities named in the Permanent
Allocation and Revocable Allocation fail to satisfy the
requirements of Sections 170(c), 2055(a) and 2522(a) of the Code at
the time when any of the Trust Estate is distributed to them, then
the Trust Estate shall be distributed in the manner set forth in
paragraph (C) of this Article VI.
(B) Revocable Allocations. Donor may amend the Revocable
Allocation by delivering written notice to the Trustee in the form
attached hereto as Schedule "C". Such notice may be changed at any
time during Donor,s lifetime by delivering a new Schedule "C" to'
the Trustee. Any Recipient Charities named in Schedule "C" must
satisfy the requirements of Sections 170(c), 2055(a) and 2522(a) of
the Code at the time when any of the Trust Estate is distributed to
them.
(C) ~i~ure,to Desi hate ~Charities. If, upon the
death of the survivor Recipient, Donor ha~-~~e any Permanent
Allocation in the manner described above and has
Revocable Allocation w ~ ................. not made any
h~ ,=~= ~u ~evo~ea in the manner described
above, or if none of the Recipient Charities named in the Permanent
Allocation and Revocable Allocation shall qualify as an
organization described in Sections 170(c), 2055(a) and 2522(a) of
the Code at the time when any of the Trust Estate is distributed to
them, then the Trustee shall distribute the balance of the Trust
Estate to the following recipient charities ("Default Recipient
Charities,,), in the following percentages, provided that the
Default Recipient Charities qualify as a organization described in
Sections 170(c), 2055(a) and 2522(a) of the Code at the time when
any of the Trust Estate is distributed to them:
1)
2)
3)
4)
5)
NAME OF CHARITY
COUNTY OF LANCASTER, THE DEPARTMENT
OF PARKS AND RECREATION, to be used
as set forth in paragraph (E) of
this Article VI.
1050 Rockford Road
Lancaster, Pennsylvania 17602
LANCASTER COUNTY LIBRARY,
to be used in the discretion of
the governing board.
125 North Duke Street
Lancaster, Pennsylvania 17602
LANCASTER COUNTY CONSERVANCY,
to be used in the discretion of
the governing board.
P.O. Box 716
128 E. Marion Street
Lancaster, Pennsylvania 17602
HIGHLAND PRESBYTERIAN CHURCH,
to be invested in the Highland
Fund (the endowment fund).
1801 Oregon.Pike
Lancaster,'Pennsylvania 17601
CITIZENS' SCHOLARSHIP FOUNDATION
OF LANCASTER COUNTY
P.O. BOX 1601
Lancaster, Pennsylvania 17608
PERCENTAGE
Forty (40%)
Percent
Thirty (30%)
Percent
Ten (10%)
Percent
Five (5%)
Percent
Two and One-
Half (2.50%)
Percent
4
6)
7)
8)
9)
lo)
NORTHFIELD MOUNT HERMON SCHOOLS,
to be used for scholarships
206 Main Street
East Northfield, MA 01360-9989
Two and One-
Half (2.50%)
Percent
COLGATE UNIVERSITY, to be added
to the Charles Wesley Tillou
Scholarship Fund
13 Oak Drive
Hamilton, New York 13346-1398
Two and One-
Half (2.50%)
Percent
COLGATE UNIVERSITY, for use in
the operation of Colgate Camp
13 Oak Drive
Hamilton, New York 13346-1398
Two and One-
Half (2.50%)
Percent
HOOD COLLEGE, to be added to the
Carolyn Tillou Holran Scholarship Fund
401 Rosemont Avenue
Frederick, Maryland 21701-9988
Two and One-
Half (2.50%)
Percent
MANHEIM TOWNSHIP SCHOOL DISTRICT,
for the planting of trees
P.O. Box 5134, School Road
Lancaster, Pennsylvania 17606-5134
Two and One-
Half (2.50%)
Percent
If any of the foregoing Default Recipient Charities fail to satisfy
the requirements of Sections 170(c), 2055(a) and 2522(a) of the
Code at the time when any of the Trust Estate is distributed to
them, then the Trust Estate shall be distributed equally among the
remaining Default Recipient Charities. If Donor fails to designate
any Recipient Charities which satisfy the requirements of Sections
170(c), 2055(a) and 2522(a) of the Code at the time when any of the
Trust Estate is distributed to them, and if none of the Default
Recipient Charities shall satisfy the requirements of Sections
170(c), 2055(a) and 2522(a) of the Code at the time when any of the
Trust Estate is distributed to them, then the Trustee shall select,
in its sole discretion, such one or more organizations, satisfying
the requirements of Sections 170(c), 2055(a) and 2522(a) of the
Code, each of which is engaged in comparable activities and is
located in the Lancaster County, Pennsylvania area.
(D) Distribution of Unallocated Trust Estato.. If Donor ha~
not made a direction as to the allocation of the entire Trust
Estate, then the portion of the Trust Estate which is not otherwise
allocated shall be distributed in accordance with paragraph (C) of
this Article VI.
(E) Additional Trust Distributions. Upon the death of the
survivor Recipient, if the Donor has provided an allocation to the
County of Lancaster, Department of Parks and Recreation, then the~
Trustee shall hold the portion of the trust estate allocable to the
5
County of Lancaster, Department of Parks and Recreation, IN FURTHER
TRUST, and in perpetuity or until the earlier termination of this
Trust according to the terms hereof, for the following uses and
purposes. The Trustee shall distribute the net income of the
Trust, on a quarterly basis, for the maintenance, care and
improvement, of the parks and recreational facilities located at
the Speedwell Forge Road property which Donor contributed to this
Trust. This includes any property owned by the County of
Lancaster, which is contiguous with the Speedwell Forge Road
property, and which is used as a Dark or recreational facility
(herein the "Speedwell Forge County Park"). Distributions of
income may be used for improving the Speedwell Forge County Park,
which may include adding new buildings or renovating existing
buildings, and may include such other trails, equipment, and
facilities which improve the quality and maintain the integrity of
the Speedwell Forge County Park.
ARTICLE VII.
ADDITIONAL CONTRIBUTIONS
If any additional contributions are made to the Trust after
the initial contribution, the unitrust amount for the year in which
the additional contribution is made shall be equal to the lesser
of: (a) the Trust income for the taxable year, as defined in
Section 643(b) of the Code and the regulations thereunder; and (b)
six and 50/100 percent (6.50%) of the sum of (i) the net fair
market value of the Trust Estate as of the Valuation Date
(excluding the Estate so added and any income from, or appreciation
on, such assets), and (ii) that proportion of the fair market value
of the assets so added that was excluded under (i), above, that the
number of days in the period that begins with the date of
contribution and ends with the earlier of the last day of the
taxable year or the date of death of the survivor Recipient bears
to the number of days in the period that begins on the first day of
such taxable year and ends with the earlier of the last day in such
taxable year or the date of death of the survivor Recipient. In
the case where there is no Valuation Date after the time of
contribution, the assets so added shall be valued as of the time of
contribution. The unitrust amount for any such year shall also
include any amount of Trust income for such year that is in excess
of the amount required to be distributed under (b), above, to the
extent that the aggregate of the amounts paid in prior years was
less than the aggregate of the amounts computed at six and 50/100
percent (6.50%) of the net fair market value of the Trust Estate on
the Valuation Dates.
ARTICLE VIII.
PROHIBITED TRANSACTIONS
The Trustee shall make distributions at such time and in such
manner as not to subject the Trust to tax under Section 4942 of the
Code. Except for the payment of the unitrust amount to the.
Recipients, the Trustee shall not engage in any act of self-
dealing, as defined in Section 4941(d) of the Code, and shall not
make any taxable expenditures, as defined in Section 4945(d) of the
Code. The Trustee shall not make any investments that jeopardize
the charitable purpose of the Trust, within the meaning of Section
4944 of the Code and the regulations thereunder, or retain any
excess business holdings, within the meaning of Section 4943(c) of
the Code and the regulations thereunder.
ARTICLE IX.
TAXABLE YEAR
The taxable year of the Trust shall be the calendar year.
ARTICLE X.
GOVERNING LAW AND CONSTRUCTION OF TRUST
The Trust shall have its legal situs in Cumberland County,
Pennsylvania, and shall be administered and interpreted in
accordance with the laws of the Commonwealth of Pennsylvania. The
Trustee, however, is prohibited from exercising any power or
discretion granted under said laws that would be inconsistent with
the qualification of the Trust under Section 664(d) (2) and (3) of
the Code and the corresponding regulations. 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. 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. 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.
ARTICLE XI.
INVESTMENT OF TRUST ESTATF
Nothing in this Trust instrument shall be construed to
restrict the Trustee from investing the Trust Estate in a manner
that could result in the annual realization of a reasonable amount
of income or gain from the sale or disposition of Trust Estate.
ARTICLE XII.
GENERAL POWERS OF TRUSTEE
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 Dowers, all of which
may be exercised without order of or report to any court:
(1) To sell, exchange, or otherwise dispose of any
property, real, personal or mixed, at any time held or
acquired hereunder, at public or private sale, for cash or on
terms 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 and to do all things and to execute such deeds,
instruments and other documents as may be necessary and
proper.
(2) To invest all monies in such stocks, bonds,
securities, investment companies or trust shares, mortgages,
notes, choses in action, real estate, improvements thereon,
and other property as the Trustee may deem best, without
regard to any law now or hereafter in force limiting
investments of fiduciaries.
(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 contract or agreement affecting the Trust.
(7) To renew any indebtedness, as well as to borrow
money, and to secure the same by mortgaging, pledging or
conveying any property of the Trust, including the power to
borrow from the Trustee (in the Trustee's individual capacity~
at a reasonable.rate of interest.
(8) 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.
8
(B) In making distributions from the Trust to or for the
benefit of a 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 the person, to
pay or deliver the distribution to the person without the
intervention of a guardian, to pay or deliver the distribution to
the legal guardian of the person if a guardian has already been
appointed, or to use the distribution for the benefit of the
person.
(C) 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 the distribution or division allot undivided interests in
the same property to several trusts or shares.
ARTICLE XIII.
SURETY AND COMPENSATION OF TRUSTEE
The Trustee shall serve without the duty or obligation of
filing any bond or other security and shall receive as its
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 it performs these services.
ARTICLE XIV.
SPENDTHRIFT TRUST
No beneficiary shall have the power to anticipate, encumber or
transfer his interest in the Trust Estate in any manner. 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 XV.
SUCCESSOR TRUSTEE
(A) Removal of Truste-. The then-current Recipient may
remove the Trustee at any time or times, with or without cause,
upon thirty (30) days' written notice given to the current Truste~.
Upon the removal of the Trustee, a successor Trustee shall be
appointed in accordance with the terms set forth in paragraph (B)
of this Article XV.
(B) Successor Truste~. The Trustee may resign at any time
upon thirty (30) days' written notice given to the then-current
Recipient. Upon the death, resignation, removal or incapacity of
9
the Trustee, a Successor Trustee may be appointed by the then-
current Recipient. Any Successor Trustee shall be a financially
sound and competent corporate trustee. Any Successor Trustee thus
appointed, or, if the Trustee shall merge with or be consolidated
with another corporate fiduciary, then such corporate fiduciary,
shall succeed to all the duties and to all the powers, including
discretionary powers, herein granted to the Trustee. Donor
prohibits the appointment of Donor as Trustee, and any attempt to
do so shall be without authority under this Agreement. Donor
prohibits the appointment of Donor's legal guardian or legal
representative as Trustee, and any attempt to do so shall be
without authority under this Agreement.
IN WITNESS WHEREOF, Donor has hereunto set his hand and seal,
and the Trustee has caused this Agreement to be signed by its
authorized officer and to have its seal affixed to and to be
attested to,/~l on the day and year first above written.
/ DONOR:
BARBARA E. HOLRAN
The foregoing Trust Agreement was delivered, and is hereby
accepted, at Lemoyne, Pennsylvania, on April 28, 1995.
PENNSYLVANIA FIDUCIARY & ESTATE
SERVICES, INC. , TRUSTEE
, / ~. . ~ ~' ~,?.' .,~,~>.~'.. -
", .... / "'" '"" '"
~. ,._ ., ~,.....~,....;., ..~_ ._..:.
KI~E~¥ ARTHUR - T .RESSLER,
VICE PRESIDENT . :: ._-...: -.- .-.-,
10
SCHEDULE
SCHEDULE
REFERRED TO IN THE ANNEXED
HOLRAN FAMILY
CHARIT~LE REMAINDER UNITRUST AGREEMENT
DATED: Agril 28, 1995
FROM BARBARA E. HOLRAN,
DONOR
TO PENNSYLVANIA FIDUCIARY & ESTATE
SERVICES, INC. , TRUSTEE
Property Description:
t
DONOR:
BARBARA E. HOLRAN
PENNSYLVANIA FIDUCIARY & ESTATE'
SERVICES, INC., THUSTEE ,,.',:,?..:."?..,_____.,
,: '-'-v-"¢~J 1: ' '.
,' -~..: '~" ,'U'::'-. . ~',"
~ / · ,~--'-- ~ ~Z -:~: [?$.~1': .
~m~'.RL,',t./AR~R-TZ~"saT.ER, '- '<','. "c? ~"; .":"
VICE PR~.SIDENT ~---~'?~': ~'"...- . ~-:'"
COMMONWEALTH .OF PENNSYLVANIA :
COUNTY O~ ~.. ~ ~-~J '~.: SS:
On this, the 28th day
of April, 1995, before me, a Notary
Public, the undersigned officer, personally appeared BARBARA E.
HOLRAN, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within Trust Agreement, and
acknowledged that she executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I have set my hand and official Seal.
COMMONWEALTH DF PENNSYLVANIA :
COUNTY OF, :
On this,' the 28th day of
SS:
April, 1995, before me, a Notary
Public, the undersigned officer, personally appeared KIMBERLY
ARTHUR-TRESSLER, who acknowledged herself to be the Vice President
of PENNSYLVANIA FIDUCIARY & ESTATE SERVICES, INC., a Pennsylvania
corporation, and that she as such Vice President, being authorized
to do so, executed the foregoing Trust Agreement for the purposes
therein contained by signing the name of the corporation by herself
as Vice President.
IN WITNESS WHEREOF, I
have set my hand and official Seal.%'lG~,~! .':..
.q ,.~ .,.- ., ........ . -/ '::.
._./". .._~-/' ; ¢--' .~ ¢.,,~,~ '..... ::
N-ota.ty Publfc ) --. :'~Ct '--
y Commission Expires: '-.::,'~.3-.".. · -' :
r,,,.~ ~,:' '-'=, s~.-,~ '" ........... "-
...... te_ t,-~, ~ ,~,a,; Pu...,,O I
Sh;re?:t:.%;:u'.,m Boro, Cumt.e:ia¢~ Co'jn~, I
[~;-' ~:rr;n]Jssio.,1 Ex.¢res OcL ''~ iC~5
I
·
I'.h:.;'~;%,~;'.' ~"'~" ~ - ' ' -~' "..~ ,'' '
12
SCHEDULE
SCHEDULE
REFERRED TO IN THE ANNEXED
HOLRAN FAMILY
CHARITABLE REMAINDER UNITRUST AGREEMENT
DATED: , 1995
FROM BARBARA E. HOLRAN,
DONOR
TO PENNSYLVANIA FIDUCIARY & ESTATE
SERVICES, INC., TRUSTEE
Designation of Recipient Charities
Pursuant to the Dower reserved by the Donor under paragraph
(A) of Article VI of the attached Trust Agreement, the Donor hereby
designates the following Recipient Charities to receive the Trust
Estate as allocated below:
Permanent Allocation:
.% to
.% to
% to
% to
% to
.% to
Revocable Allocation:
% to
% to
.% to
.% to
.% to
% to
Any Recipient Charity named herein must be an organization
described in Sections 170(c), 2055(a), and 2522(a) of the Code at
the time when any of the Trust Estate is distributed to it. Any
allocation made as a Revocable Allocation may be revoked or amended
by the Donor at any time or times by delivering an executed
Schedule "C" to the Trustee. If the Donor has not made the
direction as to the allocation of the entire Trust Estate, or if
any one or more of the Recipient Charities named herein is not an
organization described in Sections 170(c), 2055(a), and 2522(a) of
the Code at the time when any of the Trust Estate is distributed to
it, then the portion of the Trust Estate not distributed under this
Schedule "B" shall be distributed in accordance with the provisions
of Article VI of the Trust Agreement.
BARBARA E. HOLRAN, DONOR
COMMONWEALTH OF PENNSYLVANIA :
:
COUNTY OF :
BS:
On this, the day of , 1995, before me, a
Notary Public, the undersigned officer, personally appeared BARBARA
E. HOLRAN, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within Designation of Recipient
Charities, and acknowledged that she executed the same for the
purposes therein contained.
IN WITNESS WHEREOF, I have set my hand and official Seal.
Notary Public
My Commission Expires:
The within Designation of Recipient Charities was delivered,
and is hereby accepted, at , Pennsylvania, on
., 1995.
ATTEST:
PENNSYLVANIA FIDUCIARY & ESTATE'
SERVICES, INC., TRUSTEE
KIMBERLY ARTHUR-TRESSLER,
VICE PRESIDENT
14
S CI'IF, DU~E
HOLRAN FAMILY
CHARITABLE REMAINDER UNITRUST AGREEMENT
DATED: , 1995
FROM BARBARA E. HOLRAN,
DONOR
TO PENNSYLVANIA FIDUCIARY & ESTATE
SERVICES, INC., TRUSTEE
Amendment of Revocable Allocations
Pursuant to the power reserved by the Donor under paragraph
(B) of Article VI of the attached Trust Agreement, the Donor hereby
revokes the Revocable Allocation set forth in: 1) the Designation
of Recipient Charities, Schedule "B", dated , 19 ;
and 2) any Amendment of Revocable Allocation, Schedule "C", which
Donor has heretofore executed. Donor hereby amends said Schedule
"B" by designating the following Recipient Charities to receive the
Trust Estate as allocated below:
Revocable Allocation:
% to
% to
% to
% to
% to
% to
Any Recipient Charity named herein must be an organizatio~
described in Sections. 170(c), 2055(a), and 2522(a) of the Code at
the time when any of-the Trust Estate is distributed to it. Any
allocation made as a Revocable Allocation may be revoked or amended
by the Donor at any time or times by delivering an executed
Schedule "C" to the Trustee. If the Donor has not made the
direction as to the allocation of the entire Trust Estate, or if
any one or more of the Recipient Charities named herein is not an.
organization described in Sections 170(c), 2055(a), and 2522(a) of
the Code at the time when any of the Trust Estate is distributed to
it, then the portion of the Trust Estate not distributed under this
Schedule and Schedule "B" shall be distributed in accordance with
the Drovisions of Article VI of the Trust Agreement.
This Schedule "C" shall not affect the Permanent Allocation
set forth in Schedule "B", and any defects in this Schedule "C" or
the execution hereof shall not affect the validity and enforcement
of the Permanent Allocation set forth in Schedule "B". If Donor
has executed this Schedule "C" without designating any Recipient
Charities herein, this instrument shall nonetheless oDerate as a
revocation of any Revocable Allocation Dreviouslymade by Donor.
BARBARA E. HOLRAN, DONOR
COMMONWEALTH OF PENNSYLVANIA :
:
COUNTY OF :
SS:
On this, the day of , 1995, before me, a
Notary Public, the undersigned officer, personally appeared BARBARA
E. HOLRAN, known to me (or satisfactorily Droven) to be the Derson
whose name is subscribed to the within Amendment of Revocable
Allocation, and acknowledged that she executed the same for the
purposes therein contained.
IN WITNESS WHEREOF, I have set my hand and official Seal.
Notary Public
My Commission Expires:
The within Amendment of Revocable Allocation was delivered,
and is hereby accepted, at , Pennsylvania, on
· 1995.
ATTEST:
PENNSYLVANIA FIDUCIARY & ESTAT~
SERVICES, INC., TRUSTEE
KIMBERLY ARTHUR-TRESSLER,
VICE PRESIDENT
16
EXHIBIT B
AMENDMENT
TO
THE HOLRAN FAMILY CHARITABLE REMAINDER UNITRUST
U/A Dated April 28, 1995
By Amendment Dated November 19, 1999
AMENDMENT TO
THE
HOLRAN FAMILY CHARITABLE REMAINDER
UNITRUST DATED APRIl. 28, 1995
THIS AMENDMENT TO TRUST (hereina~er referred to as "this Amendment") is
executed in triplicate on this 19t" day of NOVEMBER, 1999, by and between BARBARA E.
HOLRAN, now of 1919 Rockford Lane, Lancaster, Lancaster County, Pennsylvania 17601
(hereinafter called "Donor") and COMMUNITY TRUST COMPANY, now of 1013 Mumma
Road, Suite 202, Lemoyne, Cumberland County, Pennsylvania 17043 (hereinafter called "Trustee").
WHEREAS, Donor and Trustee entered into The Holran Family Charitable Remainder
Unitrust, Dated April 28, 1995, (hereina~er called the "Trust"); and,
WHEREAS, Donor now desires to amend and revise the Trust, to make the within described
deletions, amendments and corrections, all of which are being done pursuant to Donor's powers as
Donor listed under Article VI, Paragraphs (A) and (B).
NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants herein
stated, agree as follows:
1. Schedule "C" of the Trust is hereby deleted in its entirety and a replacement Schedule
"C" is hereby inserted to read as follows:
Amendment of Revocable Allocations
Pursuant to the power reserved by the Donor under paragraph (B) of Article VI of the Trust,
the Donor hereby revokes the Revocable Allocation set forth in: 1) the Designation of Recipient
Charities, Schedule "B", dated April 28, 1995 or as amended therea~er; and, 2) any Amendment of
Revocable Allocation, Schedule "C", which Donor has heretofore executed. Donor hereby amends
said Schedule "B" by designating the following Recipient Charities to receive the Trust Estate as
allocated below:
Revocable Allocation:
Thirty (3 5%)
Percent
to
Lancaster County Department of Parks
and Recreation, located in !.~ncaster County, Pennsylvania
Thirty-Five (35%)
Percent
Eight (8.0%)
Percent
Five (5%)
Percent
Five and One-Half
(5.5%) Percent
Two and One-Half
(2.50%) Percent
to
tO
tO
tO
to
Two (2.0%) to
Percent
Two and One-Half
(2.50%) Percem
Five (5.0%)
Percent
Two (2.0%)
Percent
One-Half (0.5%)
Percent
Two (2.0%)
Percent
tO
tO
tO
to
to
Lancaster County Public Library_,
Lancaster, Pennsylvania
"Carolyn Tillou Holran" Scholarship, Hood College,
Frederick, Maryland
Lancaster County Conservancy,
Lancaster, Pennsylvania
Highland Fund, Highland Presbyterian Church,
Lancaster, Pennsylvania
Class of 1956 Endowment Fund,
Northfield Mount Hermon School, Massachusetts
"Charles W. Tillou Scholarship Fund", Colgate
University, Hamilton, New York
Colgate University Camp, Colgate University
Hamilton, New York
Endowment Fund, Elizabethtown College,
Elizabethtown, Pennsylvania
Upper Saranac Lake Foundation_
Saranac Lake, New York
Adirondack Presbyterian Church,
Lake Clear, New York
Heifer Project, Imemational
Upon the death of the Recipiems, the Trustee shall hold the remaining Trust estate, IN
FURTHER TRUST, and in perpetuity, or until the earlier termination of this Trust according to the
terms hereof, for the following uses and purposes. The Trustee shall distribute the net income of the
Trust, on a quarterly basis, to the Recipient Charities named above by Donor on the temporary
allocation ("Revocable Allocation") in the percentages detailed above, to be used in the discretion
of the organization's governing board. The allocation to the Lancaster County Department of Parks
and Recreation, shall be held by the Trustee, IN FURTHER TRUST, and in perpetuity or until the
2
earlier termination of this Trust, and the Trustee shall distribute the net income, on a quarterly basis,
for the maintenance, care and improvement, of the parks and recreational facilities located at the
Speedwell Forge Road property which Donor contributed to this Trust. This includes any property
owned by the County of Lancaster, which is contiguous with the Speedwell Forge Road property,
and which is used as a park or recreational facility (herein the "Speedwell Forge County ParkM).
Distributions of income may be used for improving the Speedwell Forge County Park, which may
include adding new buildings or renovating existing buildings, and may include such other trails,
equipment, and facilities which improve the quality and maintain the integrity of the Speedwell
Forge County Park. Any portion of the Trust Estate designated as a Revocable Allocation may be
amended or revised by Donor by delivering a new Revocable Allocation in the manner described in
paragraph (B) of this Article VI or by delivering a Permanent Allocation in the manner described.
The Recipient Charities named in the Permanent Allocation and Revocable Allocation must
satisfy the requirements of Sections 170(c), 2055(a) and 2522(a) of the Code, at the time when any
of the Trust Estat6 or Trust income is distributed to them. If one or more, but not all, of the
Recipient Charities named in the Permanent Allocation and Revocable Allocation shall not qualify
as an organization described in Sections 170(c), 2055(a) and 2522(a) of the Code at the time when
any the Trust Estate or Trust income is distributed to them, then the portion of the Trust Estate or
Trust income which would otherwise have been distributed to the non-qualifying Recipient Charities
shall be apportioned among the remaining Recipient Charities on a pro rata basis. If all of the
Recipient Charities named in the Revocable Allocation fail to satisfy the requirements of Sections
170(c), 2055(a) and 2522(a) of the Code at the time when any of the Trust Estate or Trust income
is distributed to them, then the Trust Estate or Trust income shall be distributed in the manner set
forth in paragraph (C) of this Article VI.
This Schedule "C" shall not affect the Permanent Allocation set forth in Schedule "B", and
any defects in this Schedule "C" or the execution hereof shall not affect the validity and enforcement
of the Permanent Allocation set forth in Schedule "B". If Donor has executed this Schedule "C"
without designating any Recipient Charities herein, this instrument shall nonetheless operate as a
revocation of any Revocable Allocation previously made by Donor.
BARBARA E. HOLRAN, DONOR
3
COMMONWEALTH OF PENNSYLVANIA:
: SS:
COUNTY Or :
On this, the/~'//~ day of November, 1999, before me, a Notary Public, the undersigned
officer, personally appeared BARBARA E. HOLRAN, known to me (or satisfactorily proven) to
be the person whose name is subscribed to the within Amendment of Revocable Allocation, and
acknowledged that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have set my hand and official Seal.
Notary Public
My Commission Expires:
Traci L. Sepkovic, Notary Public
Lemoyne Boro, Cumberland Counly
My Commission Expires July 7, 2003
Member, Pennsylvania ~ssociation of Notaries
The within Amendment of Revocable Allocation was delivered, and is hereby accepted, at
Lemoyne, Pennsylvania, on November ~-~O, 1999.
ATTEST:
COMMUNITY TRUST COMPANY, TRUSTEE
4
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHAN'iS COURT DIVISION
NO'
IN THE MATTER OF THE HOLRAN
F~AMILY CHARITABLE REMAINDER
UNITRUST U/A Dated April 28, 1995
and AMENDMENT TO TRUST Dated
November 19,. 1-999
FIRST AND PARTIAL ACCOUNT
For the Period 04/28/1995
-to- 09/30/2003
IN THE MATTER OF:
THE HOLRAN FAMILY
CHARITABLE REMAINDER
UNITRUST U/A
DATED April 28, 1995 and
AMENDMENT TO TRUST
DATED November 19, 1999
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
ORPHANS' COURT DIVISION
No.
ORDER
AND NOW, this ~ ~day of November, 2003, upon consideration of the Petition for
Approval of First and Partial Account of Community Trust Company, Trustee of The Holran
Family Charitable Remainder Unitrust U/A April 28, 1995, with Amendment to Trust dated
November 19, 1999, and the corresponding First and Partial Account of Community Trust
Company, Trustee afOresaid, and there being no objections filed on the Petition and Account,
said Petition is approved and the Account is hereby approved and confirmed absolutely.
BY THE COURT: