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HomeMy WebLinkAbout07-11-12 JOHN M. EAKIN ATTORNEY AT LAW MARKET SQUARE BUILDING MECHANIC5BURG, PA. 7 7055 July 11, 2012 Office of Attorney General Charitable Trust Division 14th Floor Strawberry Square Harrisburg, Pa 17120 Re: Lucinda C. Gossett Charitable Trust No. 21-05-1105 Gentlemen: Notice is given of a charitable gift as follows: 1. The nature of the present proceedings. TELEPHONE (717) 766-3172 FAX (7771 691-3281 t~ ~ cJ ' ~ n ~ =u c.~ c ~ , C`a ~1 Vi +.) ~7 1 i ~ < r? d ~ '"~7 i Z O ~ ~~_ c n `r~ ~; . ((~ ?~7 r a. An account has been listed for audit in the Orphans' Court July 11, 2012 in the Cumberland County Courthouse Carlisle, Pennsylvania. 2. Pursuant to Paragraph 6 of the last will and testament of Lucinda C. Gossett a trust was established December 12, 2002. The corpus of the trust was the balance for distribution in the Lucinda C. Gossett estate in the amount of $1,216,004.76. The trustee was John M. Eakin who was directed to distribute the trust proceeds to charitable institutions designated by him during the 10 years of the trust. The account is for the period from December 12, 2002 until December 31, 2011. No beneficiaries have been designated since December 31, 2002. The corpus of the trust as of December 31, 2011 was $571,114.65. There are no unresolved issues to be decided by the court. 3. The name of the fiduciary is John M. Eakin, trustee, 1 West Main Street, Market Square Building, Mechanicsburg, Pa 17055. 4. Counsel for the trust is John M. Eakin at above address. ~~ ~ t r`.a --~ ~~ f~3 ~ ; ?'1 ~ ~ ' TRUST <, __ r -r -- ~~ F _. ~ ~ <.~~ ~;> COURT OF COMMON PLEAS OF C,._, ~ ca ~ Cumberland COUNTY PENNSYLVANIA ~~' ` _ '`~ , cn ORPHANS' COURT DIVISION '"'~ NAME OF TRUST (TRUST UNDER WILL OF Lucinda C. Gossett or TRUST UNDER DEED OF DATED No. 21-02-1105 PETITION FOR ADJUDICATION / STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.C. Rule 6.9 This form may be used in all cases involving the Audit of Trust Accounts. If space is insufficient, riders may be attached. INCL UDE ATTACHMENTS AT THE BACK OF THIS FORM. Name of Counsel: John M. Eakin Supreme Court I.D. No.: 6351 Name of Law Firm: Address: One West Main Street, Mechanicsburg, PA 17055 Telephone: 717-766-3172 Fax: 717-691-3281 Fo.m oc-oz ,-ev ro.~3.o6 Page l of 10 Name of Trust: Lucinda C. Gossett I . Name(s) and address(es) of Petitioner(s): Petitioner: Petitioner: Name: John M. Eakin Address: One West Main Street Mechanicsburg, PA 17055 2. Check if any of the following issues are involved in this case: A. Appointment of Trustee .................................. ......... B. Interpretation .......................................... ......... C. Discharge of Trustee .................................... ......... D. Transfer of Situs ........................................ ......... E. Appointment of Ad Litem ................................. ......... 0 F. Minor, Unborn or Unascertained Beneficiary(ies) ............. ......... G. Principal Distribution .................................... ......... H. Partial/Full Termination of Trust ........................... ......... I. Missing Beneficiary(ies) ................................. ......... J. Cy Pres ............................................... ......... K. WilliamsonIssue* ...................................... ......... L. Other Issues ........................................... List: ......... Please note: A detailed explanation of issues checked should be set forth at item 13 below. "See Williamson Estate, 368 Pa. 343, 82 A.2d 49 (1951), if Trustee was also Executor of the settlor/decedent's estate and received commissions in such capacity. Form OG02 rev 10.13.06 Page 2 Of 10 Name of Trust: Lucinda C. Gossett 3. Testamentary Trust: Decedent's date of death: December 2, 2002 Date of Decedent's Will: August 11, 1999 Date(s) of Codicil(s): Date of probate: December 6, 1999 or Inter Vivos Trust: Date of Trust: N/A Date(s) of Amendment(s): 4. A. If any other Court has taken jurisdiction of any matter relating to this Trust, explain: None B. Identify all prior accountings and provide dates of adjudication. None 5. A. State how each Trustee was appointed: Paragraph 6b of the decedent's last will and testament appoints John M. Eakin trustee. See answer to Paragraph 9. B. If a Petitioner is not a Trustee, explain: N/A Form oc-oz rev 10.13.06 Page 3 of 10 Name of Trust: Lucinda C. Gossett 6. 7 8 9. 10 State how and when the present fund was awarded to Trustee(s): Paragraph 6 of decedent's will gave the residue of estate in trust. The term of the trust is 10 years, the trustee is John M. Eakin and his duties to apply trust prceeds to charitable purposes are contained in paragraphs 6c through 6j of the will. Period covered by accounting: December 2, 2002 to December 31, 2011 Current fair market value of the Trust principal is $ 571,114.65 (See page of Account.) State concisely the diapositive provisions of the Trust: Trust assets total $571,114.65 and consists of Brokerage Account with PNC Bank and Trust Account with Orrstown Bank. Explain the reason for filing this Account (if filed because of the death of a party, state name of person, relationship to Trust and date of death): Account may be filed after four months of date of death. corm oc-oa revlo.~3.06 Page 4 of 10 Name of Trust: Lucinda C. Gossett 11. State why a Petition for Guardian/Trustee Ad Litem has or has not been filed for this Audit (see Pa. O.C. Rule 12.4): N/A 12. A. State the amount of Pennsylvania Transfer Inheritance Tax and Pennsylvania Estate Tax paid (including postponed tax on remainder interests), the dates of payment and the interests upon which such amounts were paid: Date Payment Interest February 28, 2003 July 25, 2003 75,000.00 11,250.00 B. If any such taxes remain unpaid or are in dispute, explain: None 13. Describe any questions requiring Adjudication and state the position of Petitioner(s) and give details of any issues identified in item 2: None Form oc-oz rev ro.l3.o~ Page 5 of ] 0 Name of Trust: Lucinda C. Gossett 14. Written notice of the Audit as required by Pa. O.C. Rules 6.3, 6.7 and 6.8 has been or will be given to all parties in interest listed in item 15 below. In addition, notice of any questions requiring Adjudication as discussed in item 13 above has been or will be given to all persons affected thereby. A. If Notice has been given, attach a copy of the Notice as well as a list of the names and addresses of the parties receiving such notice. B. If Notice is yet to be given, a copy of the Notice as well as a list of the names and addresses of the parties receiving such Notice shall be submitted at the Audit together with a statement executed by Petitioner(s) or counsel certifying that such Notice has been given. C. If any such party in interest is not sui juris (e.g., minors or incapacitated persons), Notice of the Audit has been or will be given to the appropriate representative on such party's behalf as required by Pa. O.C. Rule 5.2. D. If any charitable interest is involved, Notice of the Audit has been or will also be given to the Attorney General as required under Pa. O.C. Rule 5.5. In addition, the Attorney General's clearance certificate (or proof of service of Notice and a copy of such Notice) must be submitted herewith or at the Audit. l 5. List all parties of whom Petitioner(s) has/have notice or knowledge, having or claiming any interest in the Trust, whether such interest is vested or contingent, charitable or non-charitable. This list shall: A. State each party's relationship to the Settlor/Decedent and the nature of each party's interest(s); Fo.m oc-oz rev rn.r3.o6 Page 6 of ] 0 Name of Trust: Lucinda C. Gossett Name and Address of Each Par in Interest ~ Relationship and Comments i a I Interest The beneficiaries of the trust are those charities designated by John M. Eakin, trustee. There are no beneficiaries designated at this time and therefore there is no beneficiary with an interest in the trust. B. Identify each party who is not sui juris (e.g., minors or incapacitated persons). For each such party, give date of birth, the name of each Guardian and how each Guardian was appointed. If no Guardian has been appointed, identify the next of kin of such party, giving the name, address and relationship of each; and C. If distribution is to be made to the personal representative of a deceased party, state date of death, date and place of grant of Letters and type of Letters granted. 16. If Petitioner(s) has/have knowledge that a Trust share has been assigned or attached, provide a copy of the assignment or attachment, together with any relevant supporting documentation. 17. If a trustee's principal commission is claimed: A. If based on a written agreement, attach a copy thereof. Form oc-oz rev 10.13.06 Page 7 of I 0 Name of Trust: Lucinda C. Gossett B. If a principal commission is claimed, state amount. Commission claimed for 2012 and any subsequent year Counsel fees will also be claimed as services are rendered. C. If a principal commission is claimed, state the amounts and dates of any principal commissions previously paid in prior accounting periods. Amount Date Paid 5,000.00 2003 8,817.00 2008 3,500.00 22,100.00 10,576.64 2004 6,260.00 2009 2006 6,090.00 2010 2007 5,990.00 2011 18. If a reserve is requested, state amount and purpose. Amount Purpose: N/A If a reserve is requested for counsel fees, has notice of the amount of fees to be paid from the reserve been given to the parties in interest? ........................................ ~ Yes ~No If so, attach a copy of the notice. ' t ~ , _ sa ~ 19. Is the Court being asked to direct the filing of a Schedule of Distribution? .......................... ©Yes ®No Fo.,n oc-oz rec ~0.~3.06 Page 8 of 10 Name of Trust: Lucinda C. Gossett Wherefore, your Petitioner(s) ask(s) that distribution be awarded to the parties entitled and suggest(s) that the distributive shares of income and principal (residuary shares being stated in proportions, not amounts) are as follows: A. Income: Proposed Distributee(s) B. Principal: Proposed Distributee(s) John M. Eakin, trustee Amount/Proportion AmounUProportion 571,114.65 Submitted By: (All petitioners must sign. Add additional lines if necessary): Name of Petiti er: John M. Eakin Name of Petitioner: Form OC-02 rev 10.!3.06 Page 9 Of 1 ~ Name of Trust: Lucinda C. Gossett Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that heisne is of the above-named name of corporation and] that the facts set forth in the foregoing Petition for Adjudication /Statement of Proposed Distribution which are within the personal knowledge of the Petitioner are true, and as to facts based on the information of others, the Petitioner, after diligent inquiry, believes them to be true; and that any false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 (relating to unsworn falsification to authorities). Signa e of Petitioner '~ Corporate petitioners must complete bracketed information. Certification of Counsel The undersigned counsel hereby certifies that the foregoing Petition for Adjudication / Statement of Proposed Distribution is a true and accurate reproduction of the form Petition authorized by the Supreme Court, and that no changes to the form have been made beyond the responses herein. ,~ :~G~. Signature f Counsel for Petitioner Form oc-oz rev io.13.06 Page ] 0 of 10 ~~~~~~~ I ~~,(t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA ORPHANS' COURT DIVISION FIRST ACCOUNT FOR THE TRUST ESTABLISHED UNDER WILL DATED AUGUST 11, 1999 OF LUCINDA C. GOSSETT, LUCINDA C. GOSSETT CHARITABLE TRUST STATED BY JOHN M. EAKIN, TRUSTEE DATE OF TRUST December 12, 2002 DATE OF FIRST RECEIPT OF FUNDS December 12, 2002 ACCOUNTING FOR THE PERIOD December 12, 2002 to December 31, 2011 Purpose of the account: The Trustee offers this account to acquaint interested parties with the transactions that have occurred during the administration. It is important that the account be carefully examined. Requests for additional information, questions or objections can be discussed with: John M. Eakin n r- One West Main Street ~~ `'r' -r. ~` Mechanicsburg, PA 17055 ~`~ _. ~ - ,~': c_ 717-766-3172 ~ ~~ ~ r~ ' ~~ w -. ~ r, r ~ s SUMMARY OF ACCOUNT ~~ ~ c ' ` . ~ C`3 '~ `=r } - { O - ~ .. r~ ,_ PAGES ~ ~ ~~„, -` w , ter',-, S IB PRINCIPAL Receipts From Estate of Lucinda C. Gossett, Settlor $ 1,216,904.76 Additions to Principal Dividends Reinvestments $ 68,358.51 Excise Tax Refund 1,791.71 Net Principal Gain From Sales of Principal 89.129.70 Total Additions To Principal $ 159 279 92 Deductions From Principal Administration Expenses $ 152,854.40 Excise Taxes 9,065.00 Amortization of Bond Premium 2,123.35 Charitable Contributions 641.027.28 Total Deductions From Principal $ 805,070.03 Balance Of Principal For Distribution $ 571,114.65 INCOME Receipts Interest Income Dividend Income Total Receipts Of Income Deductions From Income Charitable Contributions Balance of Income For Distribution Balance For Distribution $ 235,130.84 $ 235,130.84 $ -0- $ 571 114 65 PRINCIPAL RECEIPTS Received from the Estate of Lucinda C. Gossett, Settlor, for the uses and purposes as set forth in her will dated August 11, 1999, consisting of: Bonds $15,000 Deer Lakes School District, PA General Obligation Unlimited MBIA, 6.2%, due 01/15/2008, callable 01/15/2004 $ 15,139.79 $10,000 Provo, Utah Electric Revenue Series A, 10.125%, due 04/01/2015 13,608.77 Mutual Funds 29,585.799 Shares Alliance Growth & Income Fund Inc. Fund #94 81,360.95 14,925.718 Shares Blackrock Large Cap Value Equity Portfolio Fund 89 Institutional Class 155,376.72 7,232.731 Shares Blackrock Large Cap Growth Equity Portfolio Fund 29 Institutional Class 55,909.01 39,115.661 Shares Blackrock PA Tax Free Income Portfolio Fund 39 Institutional Class 421,275.67 1,763.668 Shares Janus Mid Cap Value Fund Investor Class #67 27,319.22 2,556.237 Shares Turner Small Cap Value Fund #1183 41,513.29 $ 74,987.99 160,142.85 Mortgage Note Receivable Robert K. Banzhoff $ 121,550.00 $ 933,053.42 Cash 283,851.34 TOTAL PRINCIPAL RECEIPTS $ 1.216.904 76 Principal Increases From Dividend Reinvestments Yearly 2004 Artisan Small Cap Value Fund $ 6,152.17 Calamos Growth Fund Class A 124.71 Janus Mid Cap Value Fund 2,274.51 2005 Artisan Small Cap Value Fund 8,864.98 Calamos Growth Fund Class A 2,046.93 MFS Value Fund Class A 5,379.70 Artisan Mid Cap Value Fund Class A 1,872.08 2006 Artisan Small Cap Value Fund 8,004.93 Calamos Growth Fund Class A 1,520.90 MFS Value Fund Class A 2,697.43 MFS Value Fund Class I 3,426.28 T Rowe Price Growth Stock Fund 2,346.45 2007 Artisan Small Growth Cap Value Fund 3,886.54 Calamos Growth Fund Class A 6,062.47 MFS Value Fund Class I 8,604.64 T Rowe Price Growth Stock Fund 4,232.58 Blackrock AMT Free Muni Bond Institutional 68.02 2008 Artisan Small Cap Value Fund 490.83 T Rowe Price Growth Stock Fund 302.36 Total Dividend Reinvestments $ 68 358.51 Other Principal Increases 2005 U.S. Treasury Refund of Excise Tax $ 1,791 71 Changes in Principal Gains (Losses) Gains Sales of Securities Yearly 2004 29,585.799 shares Alliance Growth & Income Fund Proceeds $ 102,366.86 Less Principal Value 81,360.95 $ 21,005.91 14,925.718 shares Blackrock Large Cap Value Equity Portfolio Proceeds $ 187,019.25 Less Principal Value 155,376.72 (Losses) 31,642.53 Changes in Principal Gains (Losses) -Contd. Gains _ (Losses) 7,232.731 shares Blackrock Large Cap Equity Portfolio Proceeds $ 66,758.11 Less Principal Value 55.909.01 $ 10,849.10 2,556.237 shares Constellation Clover Small Cap Value Class I Fund Proceeds $ 62,269.93 Less Principal Value 41.513.29 (Originally Turner Small Cap Value Fund) 20,756.64 2005 1,868.099 shares Janus Mid Cap Value Fund Proceeds $ 40,743.24 Less Principal Value 29 593.73 11,149.51 4,253.309 shares Blackrock Funds PA Tax Free Income Portfolio Proceeds $ 45,000.01 Less Principal Value 45,808.14 808.13 15,000 Deer Lake School District PA Bond Proceeds $ 15,688.50 Less Principal Value 14.998.41 690.09 2006 1,094.092 shares Artisan Small Cap Value Fund Proceeds $ 20,000.00 Less Principal Value 20,295.40 295.40 3,388.190 shares Blackrock Funds PA Tax Free Portfolio Proceeds $ 35,000.00 Less Principal Value 36,490.81 1,490.81 138.704 shares Calamos Growth Fund Class A Proceeds $ 8,000.00 Less Principal Value 7,122.28 877.72 617.538 shares MFS Value Fund Class A Proceeds $ 15,000.00 Less Principal Value 14,076.60 923.40 Changes in Principal Gains (Losses) -Contd. Gains 19,378.845 shares Blackrocj Funds PA Tax Free Income Portfolio Proceeds $ 200,000.00 Less Principal Value 208,720.93 2007 1,676.914 shares Artisan Small Cap Value Fund Proceeds $ 30,000.00 Less Principal Value 29,897.56 102.44 292.683 shares Artisan Mid Cap Value Fund Proceeds $ 6,000.00 Less Principal Value 5,124.88 875.12 6,036.217 shares Schroder Short-Term Muni Bond Fund Proceeds $ 60,000.00 Less Principal Value 60,120.72 541.126 shares Selected American Shares - D Proceeds $ 25,000.00 Less Principal Value 19,567.12 5,432.88 756.429 shares Artisan Small Cap Value Fund Proceeds $ 15,000.00 Less Principal Value 12,384.88 2,615.12 435.540 shares Artisan Mid Cap Value Fund Proceeds $ 10,000.00 Less Principal Value 7,626.30 2,373.70 299.342 shares Selected American Shares - D Proceeds $ 15,000.00 Less Principal Value 10,824.21 4,175.79 3,564.135 shares Schroder Short-Term Muni Bond Fund Proceeds $ 35,000.00 Less Principal Value 35.498.98 (Losses) $ 8,720.93 120.72 498.98 Administration Expenses Charged To Principal, Yearly John M, Eakin, Trustee Fees 2003 $ 5,000.00 2004 3,500.00 2006 22,100.00 2007 10,576.64 2008 8,817.00 2009 6,260.00 2010 6,090.00 2011 5,990.00 Total Trustee Fees $ 68,333.64 2004 John M. Eakin, Attorney's Fee $ 5,664.00 2004 John M. Eakin, Travel Reimbursement $ 715.04 PNC Bank, Investment Management Fees 2004 $ 9,183.12 2005 9,291.13 2006 9,395.74 2007 9, 598.06 2008 8,241.71 2009 7,664.81 2010 6,656.63 2011 6,421.10 Total Investment Management Fees $ 66,452.30 2005 Register of Wills, Filing Fee $ 135.00 Orrstown Bank, Service Charges 2005 $ 10.00 2006 46.60 2008 20.00 2009 30.00 2010 30.00 Total Service Charges $ 136.60 2008 Postage $ 12.82 Greenawalt & Company, P.C. Tax Form Preparation Fees, Yearly 2005 $ 2,175.00 2006 2,090.00 2007 1,095.00 2008 1,450.00 2009 1, 545.00 2010 1,515.00 2011 1,535.00 Total Tax Preparation Fees $ 11,405.00 Total Administration Expenses $ 152 854 40 Federal Excise Taxes Charged to Principal, Yearly United States Treasury 2005 $ 6,777.00 2006 499.00 2007 527.00 2008 851.00 2009 164.00 2010 150.00 2011 97.00 Total Federal Excise Taxes $ 9,065.00 Noncash Amortization of Provo, Utah Bond Charged to Princ ipal, Yearly 2005 $ 232.73 2006 246.22 2007 261.09 2008 205.05 2009 289.36 2010 306.83 2011 582.07 Total Amortization $ 2,123.35 2003 - 2010 Charitable Contributions Charged to Principal 641,027.28 Total Deductions From Principal $ 805 070 03 INCOME ACCOUNT INCREASES Interes t Income Orrstown Bank, Checking Account, Yearly Totals 2003 $ 6,375.00 2004 1,029.49 2005 193.28 2006 360.68 2007 611.17 2008 304.60 2009 101.23 2010 47.79 2011 53.21 Total $ 9,076.45 Robert Banzhoff, Mortgage Receivable from sale of 5138 Trindle Road, Mechanicsburg, PA, Yearly Totals 2003 $ 1, 998.08 2004 6, 949.04 2005 2,912.50 2006 0.00 2007 Paid-off March 2 6,507.08 Total $ 18,366.70 United States Treasury, Interest received on Excise Tax Refund, Yearly Totals 2004 $ 32.19 2008 553.23 2009 280.23 Total $ 865.65 Interest Income Received as Beneficiary of Estate of Lucinda Gossett, One Year 2003 Total $ 31,206.00 Blackrock Liquidity Funds Temp Fund, Yearly Totals 2004 $ 1, 522.62 2005 582.07 2006 2, 322.50 2007 1,064.42 2008 562.01 2009 52.92 2010 9.47 2011 4.26 Total $ 6,120.27 Deer Lake School District Bond, Yearly Totals 2004 $ 465.00 2005 Bond sold 787.92 Total $ 1,252.92 Provo, Utah, Electric Revenue, Series A Bond, Yearly Totals 2004 $ 1, 012.50 2005 1, 012.50 2006 1, 012.50 2007 1,012.50 2008 1,012.50 2009 1,012.50 2010 1,012.50 2011 1,012.50 Total $ 8.100.00 Total Interest Income Received $ 74,987.gg Divide nd Income Dividend Income Received as Beneficiary of Estate of Lucinda Gossett, One Year 2003 Total $ 2,840.00 Selected American Shares, Ordinary Dividends, Yearly Totals 2004 $ 777.32 2005 815.17 2006 1,222.76 2007 1,319.14 2008 1, 004.37 2009 482.60 2010 526.34 2011 258.47 Total $ 6,406.17 T. Rowe Price Growth Stock Fund, Ordinary Dividends, Yearly Totals 2004 $ 617.49 2005 82.33 2006 782.15 2007 880.04 2008 518.33 2009 216.79 2010 69.45 2011 26.86 Total $ 3,193.44 Janus Mid-Cap Value Fund, Ordinary Dividends, One Year 2004 Total $ 1,278.16 Calamos Growth Fund, Class A, Capital Gains Dividends, One Year 2011 $ 1, 043.64 Artisan Mid-Cap Value Fund, Ordinary and Capital Gains Dividends, Yearly Totals 2005 $ 24.90 2006 128.16 2007 3,625.14 2008 230.31 2009 102.86 2010 586.37 2011 1,941.87 Total $ 6,639.61 MFS Value Fund Class I, Ordinary Dividends, Yearly totals 2006 $ 1, 058.26 2007 1,947.62 2008 1,890.08 2009 1,744.53 2010 1, 562.03 2011 1,644.20 Total $ 9,846.72 Schroder Short-Term Muni Bond Fund, Ordinary Dividends, Yearly Totals 2006 $ 418.51 2007 5,355.76 2008 1,808.80 Total $ 7,583.07 Blackrock AMT Free Municipal Bond Institutional Class Fund, Ordinary Dividends, Yearly Totals 2007 $ 491.02 2008 1,637.66 Total $ 2,128.68 Artisan Small Cap Value Fund, Ordinary and Capital Gai ns Dividends, Yearly Totals 2007 $ 125.27 2009 25.13 2010 178.58 2011 1,682.78 Total $ 2,011.76 Blackrock Intermediate Bond Portfolio II, Ordinary and Capital Gains Dividends, Yearly Totals 2008 $ 2,913.67 2009 4,798.64 2010 4,851.20 2011 3,160.31 Total $ 15,723.82 Blackrock PA Tax Free Income Portfolio, Ordinary and Capital Gains Dividends, Yearly Totals 2004 $ 18,120.95 2005 19,280.63 2006 13,942.47 2007 11,034.96 2008 9,652.05 2009 8,483.83 2010 8, 098.66 2011 8,420.53 Total $ 97,034.08 Blackrock Money Market Fund, Ordinary Dividends, One Year 2004 Total $ 137.34 Alliance Growth and Income Fund, Ordinary Dividends, One Year 2004 Total $ 591.72 Blackrock Funds Large Cap Value Equity Portfolio, Ordinary Dividends One Year 2004 Total $ 1,273.16 MFS Value Fund Class A, Ordinary Dividends, Yearly Totals 2004 $ 472.18 2005 1, 363.41 2006 575.89 Total $ 2.411.48 Total Dividend Income Received $ 160,142.85 Total Income Received $ 235,130.84 Less: Charitable Contributions Paid From Income (see Schedule I) (235,130.84) Income Remaining $ -0- Charitable Contributions Paid In Accordance With Trusts Purpose Harrisburg YMCA, Yearly Totals 2003 $ 650.00 2004 28,000.00 2005 1,250.00 Total $ 29,900.00 Allied Arts Fund, Yearly Totals 2003 $ 12,500.00 2004 7, 500.00 2005 1,000.00 Total $ 21,000.00 Juniata College, Yearly Totals 2003 $ 30,000.00 2004 30,000.00 2005 30,000.00 2010 5,000.00 Total $ 95,000.00 Church of Latter Day Saints, Yearly Totals 2003 $ 1,000.00 2005 500.00 2006 750.00 2007 750.00 2010 500.00 Total $ 3,500.00 University of Minnesota, One Year 2003 Total $ 5,000.00 Mechanicsburg Area Foundation, Yearly Totals 2003 $ 3,000.00 2011 1,000.00 Total $ 4,000.00 Golden West College, Yearly Totals 2003 $ 10,000.00 2004 5,000.00 2006 5,000.00 Total $ 20,000.00 Ninilchik Library, Yearly Totals 2003 $ 1, 500.00 2004 5,000.00 Total $ 6,500.00 Messiah College, Yearly Totals 2003 $ 10,000.00 2004 35,000.00 2005 10,000.00 2006 5,000.00 2011 5,000.00 Total $ 65,000.00 Dickinson School of Law, Yearly Totals 2003 $ 24,000.00 2004 20,000.00 2005 20,000.00 Total $ 64,000.00 Bethesda Mission, Yearly Totals 2003 $ 5,000.00 2004 5,000.00 2005 2,000.00 2006 1, 000.00 2008 3,500.00 2010 1,000.00 2011 1,000.00 Total $ 18,500.00 Franklin and Marshall College, Yearly Totals 2003 $ 10,000.00 2004 1, 000.00 2005 10,000.00 2006 5,000.00 Total $ 26,000.00 Harrisburg Symphony Orchestra, Yearly Totals 2004 $ 5,000.00 2005 2,500.00 2007 3,700.00 2009 1,000.00 Total $ 12,200.00 McCurdy School, Yearly Totals 2004 $ 7,500.00 2005 6,000.00 2007 8,000.00 2010 1, 000.00 Total $ 22,500.00 New Hope Ministries, Yearly Totals 2004 $ 7,000.00 2005 3,500.00 2006 4,000.00 2007 149,500.00 2008 63,500.00 2009 33,000.00 2010 37,000.00 2011 26,000.00 Total $ 323,500.00 Maryland Institute, College of Art, Yearly Totals 2004 $ 15,000.00 2007 7,500.00 2008 4,000.00 Total $ 26,500.00 Wilkes University, One Year 2004 Total $ 10,000.00 Wesley United Methodist Church, Yearly Totals 2005 $ 7,000.00 2006 4,800.00 2009 7,175.00 2011 500.00 Total $ 19,475.00 East Stroudsburg University, Yearly Totals 2005 $ 15,000.00 2006 3,000.00 Total $ 18,000.00 Mechanicsburg Museum Association, One Year 2005 $ 1,000.00 Salvation Army, Yearly Totals 2005 $ 1, 500.00 2006 1, 000.00 2007 1,500.00 2008 1, 500.00 2009 2,000.00 2010 1, 000.00 2011 1,000.00 Total $ 9,500.00 Muscular Dystrophy, One Year 2006 Total Guadenzia House, One Year 2006 The Wildcat Foundation, One Year 2006 Total Orange Coast College, One Year 2006 Total Shippensburg University, One Year 2006 Total Humane Society, Yearly Totals 2007 2009 Total Pennsylvania State University, One Year 2008 Total Central PA Hospice, One Year 2008 Total Central PA Food Bank, Yearly Totals 2008 2009 Total Carroll Community College, Yearly Totals 2008 2009 2011 Total Seacoast Church, One Year 2009 Total Rochester Institute of Technology, One Year 2010 Total MidPenn Legal Services, Yearly Totals 2007 2011 Total Guiding Eyes For The Blind, Yearly Totals 2007 2009 2011 Total $ 1,000.00 500.00 $ 500.00 500.00 $ 2,500.00 5,301.12 4.000.00 $ 1,500.00 1,000.00 $ 5,000.00 2,500.00 2,500.00 $ 500.00 $ 50.00 $ 1,000.00 $ 5,000.00 $ 2,500.00 $ 1,500.00 $ 16,582.00 $ 1,000.00 $ 1,000.00 $ 11,801.12 $ 250.00 $ 2,400.00 $ 2,500.00 $ 10,000.00 Boy Scouts of America, One Year 2007 Total $ 500.00 Bloomsburg University, One Year 2011 Total $ 6,000.00 Harrisburg Area Community College, One Year 2011 Total $ 5,500.00 Robert Morris University, One Year 2011 Total $ 6,000.00 U.S. Army Heritage Foundation, One Year 2011 Total $ 1,000.00 Total All Contributions $ 876,158.12 Less: Amount Offset Against Income (235,130.84) Balance Paid From Principal $ 641 027 28 21-2002-1105 ~~ UF' LUCINDA C . GOSSE'1"P I, LUCINDA C. GOSSE`i"i', of Lower Allen Township, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this my Last Will and Testament, hereby revoking and making void all former wills by me at any time heretofore made. 1. I direct the payment of all my just debts and funeral expenses as soon after my decease as the same can conveniently be done. 2. I direct that there shall be paid out of my residuary estate all estate, inheritance and like taxes together with any interest or penalty thereon imposed by the Government of the United States, or any state or territory thereof, or by any foreign government or political subdivision thereof, in respect to all property:~required to be included in my gross estate for estate, inheritance or l~.ke tax purposes by any of such governments, whether the property passes under this will or otherwise. ~ ~~ - 1 - 3. I give and bequeath the sum of Three Hundred Thousand ($300,000.00) Dollars to my brother, RAY D. FAGER, if he survives me; in the event he predeceases me the gift shall lapse and fall into the residue of the estate. 4. I give and bequeath the sum of Three Hundred Thousand ($300,000.00) Dollars to my niece, CAROLYN ALEXANDER, if she survives me; in the event she predeceases me the gift shall lapse and fall into the residue of the estate. 5. I give and bequeath the sum of. Three Hundred Thousand ($300,000.00) Dollars to my nephew, T~iOMAS E. CORPENNING, JR., if he survives me; in the event he predeceases me the gift shall not lapse but shall go in equal shares to his heirs per stirpes. 6. All the rest, residue and remainder of my estate, I give, devise end bequeath in trust under and subject to the following terms and conditions: A.) The name of the trust shall be the LUCINDA C. GOSSET'P CHARITABLE TRUST.' B.)''~,I namet constitute and appoint JOHN M. EAKIN trustee and direct that no bond be required to guarantee faithful performance of his duties. rR ~ - 2 C.) The term of the trust shall be ten (10) years from the date the trust corpus is received from decedent's estate; in the event the corpus together with interest has not been distributed by that date, the term of the trust shall be extended for a reasonable time to permit the trustee to wind up the trust by making complete distribution to Section 501(c)(3) entities and file a final accounting with tYie Court of Common Pleas, Orphans' Court Division. p.) I authorize, empower and direct the trustee to make payments of principal and interest from time to time during the continuance of the trust to those beneficiaries which in his sole discretion are deemed to be qualified recipients provided that all distribution shall be for tax exempt purposes and none other. E.) The trust is created to devote and apply the trust fund exclusively for. charitable purposes by contributions duly authorized to .carry on charitable activities and which have established their tax exempt status under the provisions of Section 501(c)(3) of the Internal Revenue Code and its regulations as they now exist or may hereafter be amended and the trust assets, profits and net income thereof are irrevocably dedicated to such purpose. F.);.~' No part of the net earnings of the trust shall inure to the bendf~it of any private individual having a personal or private interest in the activities of the trust within the meaning of Section 501(c)(3) of the Internal Revenue Code and the ~~~ 3 trust shall not be operated for the benefit of private interests suclr as the heirs of the decedent, the trustee or any person or persons controlled directly or indirectly by such private interests. G•) The trustee shall invest, reinvest and keep invested the trust corpus in obligations which men of prudence, discretion and intelligence acquire for their own account provided that no investment shall be made which is a prohibited transaction under the provisions of this trust. H•) The trustee shall not engage in any act of self-dealin as defined by Section 4941(d) of Internal Revenue Code nor retain any excess business holding as defined in Section 4943(c) of the Internal Revenue Code nor make any investments in such manner as to incur tax. liability_.under Section 4944 of the Internal Revenue Code nor make taxable expenditures as defined by Section 4945(d) of the Internal Revenue Code. I•) The trustee shall distribute the income of the trust for each taxable year at suc!i time and in such manner as not to become subject to the tax on undistributed income imposed by the Internal Revenue Code. .~ J•)i•'The trustee may incur expenses on behalf of the trust which he'~may consider necessary and proper for the effect ive administration of the trust including reasonable attorney and accountant fees, subject to the provisions of this trust. ~? -~ ~ - 4 - ~. Lastly, I nominate, constitute and appoint, JOHN M. EARIN, to be Executor of this my Last Will and Testament. I further direct that no bond or other security be required of my personal representative to guarantee faithful performance of his duties. ~IN WITNESS WIiEREOF, I have hereunto set my hand and seal this (~ day of August, 1999. ~~~~~~. `~ `~~v ( SEAL ) Luc nda C. Gosset Signed, sealed, publish~:d and declared by the above named LUCINUA C. GOSSE`1"1' as and fvr her Last Will and Testament, in the presence of us who have subscribed our names hereto as witnesses, at her request, in her presence and in the presence of each other. ,. . ,. ' ' ~ ,. r .~: ~~ ~I~~N ct~~ (.fL1L~~~ ~~W , 5 __ ~~~~,: ~~ 6" COMMONWEALTH OF PENNSYLVANIA ) ` COUNTY OF CUMBERLAND 1 I, LUCINDA C. GOSSE'i"1', tl-~e testatrix, whose name is signed to the attached or foregoing jnstrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament: that I signed it willingly, and that I signed it as my free and voluntary act and deed, for the ~ptu~rp~~o~s~J/~e~s t /h~l~/e/~re,,i~n]J expressed. _ ~~""(1.9 " bU (SEAL) Lucinda C. Gossett Sworn and subscribed to before me this ~~ ray of August, 1999. .,__, )~ Notarlat Seat ~GL+~ A4uMyn E. WIINama, Notary Public ~•~--~'- t Med~er~burp Moro, Cumberland County Nota y Public Ml' Comrnlssbn Explroo Nov. 6, 2001 Member, Per-rrsytvanFa Ilssociation of Notaries COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND We, the undersigned, I-}NNA~3i:r. E, ~,vc K and Pr~~,r J. QFSS~f,~ the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, depose and say that we were present and saw the within testatrix, LUCINDA C. GOSSETT, sign and execute the instrument as her Last Will and Testament; that the said testatrix, LUCINDA C. GOSSETT executed it as leer voluntary act for tl:~e purposes therein expressed; that each of us, in the hearing and sight of the testatrix, signed the Will as witnesses; and that, t.o the best of our knowledge, the testatrix was, at the time, eighteen (18) or more years of age, of sound mind, and under no constraint, duress or undue influence. ,, Sworn arSc~ ~ subscr,ibe to before me this ~~/~ ~ .~ day of August, 1999.• ' r- L Not ry Publ c ' .~ -G ~L Notarial Seal tiAuiFyn E. WUliams, Notary Public Med~aniospurp Boro, Cumberland County My Commission Expires Nov. 6, 2001 Member, Per-nsylv>1niA Associadan of Notaries - 6 -