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Home My WebLink About92-0040 .�',�� C, r"�y . ..c r�.^ .,�t t }f �� 4 a�� t `'..h' �a � �.! �t fan , � f� '� N�!! ��n Y � � � tt.� a "�E' �'t` �i �5t(�, �� ; } 4t,i �' y� .�I }.1 + -a; r �' �� '�.a�," f�o-' �i 4i rr�� s l i#a .�c�.t ,�.� ! }�1. }�'��r k;. �� t� " tds; t ��-3�i ,i. i':i :;{% � k a �.. ��S.�.t�� ,��, k � 4 t 3�.� e -, � �'y;��3� { �� tb;' � i}�i.F� A .�� x� '..1 ' i ° �u°',`� at, t3�, � } .�,. ,, 4�Ea,�... M�� py� ; t i, � 1 . `�' '�'�,•! r,�3'� ra.+"'�"`�' r � , ��'� e i��i, ��r � �,�,�7"'�� r��i�'� �ri�"'rr . ��iF 4 ..e.i*�.�;u� 'f �l�# } � !��.�' �j�' t..�si ,� r�j� .Yi i3 Irj.k� �'�a rf/,�"'�yi. y ,,,id�M(�✓�f I4i4�2.4 �� I�. t .. J`rth.. �N�,k+_� w.S�,�'2�.d^4{.* �>��`5v�t �� " � �A":,z4��N��t�",'��+��`�s�x}��i�'��;t ��` N��.��' . �'�! � ,�� Y � �, .,t-�_ �i t :n e;` �f,!�:��.f. �t'^.�iir.t}�'fr ,. '�*.M a .:x� �5�i'5,.• .t . .. ; t y j', j LAST WILL AND TE3T'A.MENT OF � ` C. J. FREDRICRSEN I, C. J. FREDRICKSEN, af Camp Hi31, Cumberland Caunty, Pennsylvania, da hareby make, pukrlish and cieciare this as and for my Last Will and Testament, and hereby revoke any Wills or Codicils thereto by me at anytime heretofore made. ZTEM I. I order and direc� that all my just deb�s and �.;; � � funeral expenses be paid out of my estate by my Executors � hereinafter named, as soon as conveniently may be dane after my i: decease. ITEM II. If my wife, M.F�F2Y JANE FREDRZCKSEN, survives ' me by as many as thirty {30} days, I give and bequ�ath to her all ��, �.... �'` of my tanqibZe persanal property, including automobile, <, furniture, furnishings, jewelry and personal effects. If my wife does not survive me by as many as thirty (30} days, therr I give �„ __ .. .. � _ . . ____..._ } '.. `'` ' and bequea�h all of the above-mentioned tangik�le personal �,'� �';: property ta my sons, CLEVE LAURANCE FFtEDRICKSEN, BRIAN HAROLD FF2EDRICKSEN, and TIIOMAS MARIC FREDRICKSEN, to be divided among tr `� them by my Executors in as nearly equal partians as may be cieem�d � practicable, havinq due reqard far the personal pxeference of my ?.;; �"'� said three sons. :ti // �� «��k s e s: (� ��.�� /�,tGN ,,. � ?; � (r ,1 (SEAL} „� �''t..��,�,,, �� -� ,:; << ��' ��:�'�� , ,� �;; ' � t ri �1 cyvr } 111n"uh + . :k'i, {� � � '1 ' M1 �9 ti i�'.��l� �.• �, "f"i��'i4' . ��?st�X��- '� ��tr '�# �,�k��9 .�.��'4y+1�"��s� �4 R :4 �,��i;}i. i�',- �;.!'r, f� �4 .Y: #� � iY'a �a"�r��, � } f z#�� . A� v-•y� `�a � , x '� 7� �{ �' t�'�S j,F .;a�'' Kj��(�r i .� �'� ,i$.,� �{ R t.�� 7 � 4�.L��4y�"� .�.�F� �,.�'�M' :R'- irt�� i lr+hn'��i5�� h�rtn d �'h� y�� t '{�t � �f Fx S��' � i .r id !7 �� i '��"�sw i7T : '{ ..�,y :r ��y r�t�h �,Y„��yhk�s r�'� �e{�j, �� i ��`'y�try � f��,�, ' I Hl, ' . .X a � t�'y..n.. vt1^4 ��{'4 n �+� . 1'i s '�+ df'+ A � �rt �' � ,.. , +"�r ° '� i �, � � } 'x lt 6 r' i� �� ,t � �: . � �.�t. M:�. f,�� t��'�S� ;�i�+, �' _.. �x.,�r. . a„.:=n r ,. ..k 1 t.. ..x.; �. :..,..� �.�,....,.�...�i« �.,, �.,� _. k: . _.. -�._._.____..._._- _____ ._ ___..__.... :�� .,f � , «;,. �� j �� ; ITEM III. I give, devise and bequeath all the rest, �c; ;�� r� +r�. residue and remainder of my estate, of whatsoever nature and � '+�� , wheresoever situate, to DAUPHIN DEPOSIT BANK AND TRUST COMPANY of f�, Harrisburg, Dauphin County, Pennsylvania, Trustee under a :,�;x ' :C.: Revocable Trust Agreement which I have entered into with it under ,ti, ;�.. date of December 19, 1974, and last amended under date of October �,�!, _, 1990, my said estate to be held and administered by such .;' Trustee in trust, in accordance with the terms of that Agreement, rF� ,� as it may be amended from time to time. `{ �� "y r.1 ITEM IV. All estate, inheritance, legacy, succession �:,:, i';;. or transfer taxes (including any interest and penalties thereon) ��`;, imposed by any domestic or foreign laws now or hereafter in force �:' 1,� ,r; �� with respect to all property taxable under such laws by reason of •' � .�: my death, whether or not such property passes under this, my " ' :��,�;> ; Will, and whether such taxes be payable by my estate or by any ' �' - �\'� recipient of any such property, shall be�paid by my Executors out � of my residuary estate as part of the expenses of the ` S � . administration thereof. ITEM V. I hereby nominate, constitute and appoint my :; wife, MARY JANE FREDRICKSEN, and DAUPHIN DEPOSIT BANK AND TRUST ;� f COMPANY of Harrisburg, Dauphin County, Pennsylvania, its F W]�� S@S: !' `�� V (SEAL) �. •�' . i ,: a �n- �1/'1.�Q.,d�,,,,...�� `�'1/�a-� ; ._f; ' -a- %��3 �� , ; � '�;, � ! }..� +� � �7:, ��a :_ 4 I �..� i�� flt { -'ql�r �� .y,.ii�'I t :A^��}�,s� y��,Y�� f +„�f� i.�-. #Zdt�d��; #v��f-{�r� ��N � y ➢1,.�.. �, t �:!'�T�" y �• � i+,��}� � , , , , 3'f .� � �`�� r;�� i; �r . r �4'�1 F . t �'4� � � `; �'Fl �G� ��1� y.��7��t�y ��'r�r f �� ..�tl� L.:�yl�``�� i S � .f r,��.i .1 t(z� k��J t;��w f� � .t � t�� I ,� ♦ f•f�Sr.�.., r� � � �{l�. Ai" '� �k�R�l+ � � t e i�f �.SI �� '�� S 'H��?t,�y� ��^� �:., d r S .f.�, �i IE 7 1 7 �f f C t t A Stn ' !� 5- l ' u it(��. ll +,� iy�� .t�j ,+�{hZ M�}+,�,��0��?�*� .F t �1�� Z �'s� ��w� wN��4�}�;� R��" ' �5�.i� i r .> � �'� Y�?�.A .! �� y�i r"� k; � � ��''t� �� i 1� f �. A' � L, ��i,,� � • '�k�� °'S�J� t��.��=A3w�t�`�� 4�r ��`.{�r,�: "��'� 't ► ,�`ria i .� k ��T'�,;�;��,,' i .iv� •a �� >s � '�•e'.1�.� ,c. . .�h:.,.'1e. . �..��, - 4�1�,�::'r .w, .w i...v .� .:.wi1T�F1'w�wy�rM�nM'.a��fA�+WMM�Mr�+TR�M'+�:-��u.wi.,rn�.W.u�,..e.s•��+�F.pT*krawner�lM+uwynM�M'�wreMwn+�ww+�^+T�nn�^ - ''1. �� ',`�; 1 ,� r, '+ successor or successors by any merger, conversion or ,rs; ?ya '{� consolidation, as Co-Executors of this, my Last Will and !:3� ,.w =� Testament. If my wife should predecease me or if she is unable ;�' . --- i?, or unwilling to serve as such Co-Executrix, thet� I he"reby- nominate, constitute and appoint DAUPHIN DEPOSIT BANK AND TRUST COMPANY as sole Executor of this, my Last Will and Testament. ITEM VI. I expressly authorize and empower my ;� ';::i Executors in their sole and absolute discretion: � (a) To invest and reinvest all or any part of my � estate in such stocks, bonds, securities or other property, real or personal, as may be deemed proper, without being confined to ' ' the investments prescribed by statute as legal investments for � :. ��..;;. fiduciaries. y (b) To sell real and personal property at public or r.� � ;: ` ' private sale, both for purposes of administration and � ;, > ., E distribution, for such prices and upon such terms as to cash and �.. �� credit as may be deemed proper, without liability on the purchasers ,to see to the application of the purchase money. ; (cj To lease real property and to mortgage, develop, °'` repair, improve, exchange or join in the partition of real � F.'1 property. i W S2S: �- ,,�� , �SEAL) �:,`, n/✓�pw.-, �� ?; -3- �� +'�^ � I �: (A' ' � r 4 S f.� � ' �> tw� .�t� i 'f :�,� �� w .,1 �., ��y a� �, y p �, y�, . ]� jK�� ;' '� { i t�'` '�; 'S;��'��y �+li��'�� y��1+ro�'1�S a* �tt � ;i�h�'R�r'`,��_'��i`51 � �` �' f..,�+`�+��t� '7.�'�t,, � ,:¢�+9��;�'��'�",�u�'�tc . � i` �� t'y��-�+��"�'�.� I.� �,,, ��Ri� ��1 ,�� .,�J'< �,y r��,_St�i Y {.�. ' 'l+ ��-.y �:� �', ��i r ''�� 1�. 4 w i '� �i' # & ,�„,,y1.��pppt'' �y p 'F, i�'.� �i�!�d v� . . .,.n�$% ._.��_ir..u'�`lss��,.��}�5''�4'��••�.,.... ...� .w�.,.._ ..�..`tly�3 i..�i:L�� ..f r..l�.,., . �� t"��: �, ��. 'hu�.'.�?�%'�.:�. t ' ,p..�. i��. (d) To exercise any subscription, purchase or ;�&, ;�: conversion right in connection with any security held hereunder ��' .y�., x., and to consent to or participate in any reorganization, �;,�;;, ,-f,, . consolidation or merger in any corporation, company or ,4�, ,,,�; association, the securities of which may be held hereunder. ;'� ',��. (e) To compromise any claim, by or against my estate without the consent of any beneficiary. (f) To carry investments in the name of a nominee or �:�,, � �'t: !t nominees. ,:+ � (g) To borrow money from any lender, including my ,'�,.� Executors, and to pledge any assets of my estate as security ,;:�1,� �i therefor. ��:� (h) To make any distribution hereunder, either in kind �'`t � � or in money, or partially in kind and partially in money. ,�' .� �°� (i) Vote in person or by proxy, any securities held by �;`1�� : .i them hereunder. :' ;� (j) Keep reasonable amounts of cash in bank °,.. 3 uninvested. ; � (k) To do all other acts necessary or desirable for ,!; � the proper management, investment or distribution of my estate. W' s e s: ��, � l� ��;; �� (SEAL) �'ti.�-4-�w,�- �--�ti(r-� ��;`, ,' 's ��.�� ti -4- - ,� � �; �. - . --- _ _ __ _ ;, ,1 r�. �4i �i ��B f � a� � ��.� t`�� t�.? � r�..1�t t� �, iy r��-4.uu i �ir� K ��ey�:� t�,��{ . "��k �� . ' •1 1 y ,�. _il 1 7� � �,��,,, Y �� r V � 1 t�,fi + �- � ti ,FG 1 ��i t �., ,��V4 .W t� / S�} . �} `� lt n t� W 1 _ 3 r�'�+'� ,. �'n'S� t - y� r°1i l � t - � i� �. � �u= . "'iff, �''3�: ",f t 4.tr�s t � �4 �.t,,ti,�j,��hhh�' � s��,,J�a ��':� �y ti�+�+:� aC �' � �'.�� i e9n n. � .k...,��! �',{� }i n�l ��ts.h��y��l�Gx� s �F�;�0. {.°'4I'sry. E Fs �-w aa��f��: � _ �f � :�r- a��%F : '�F7��'.;� �� r .,7'i' y � .t'�*,}� �" '�"ip ._. c i b t. �' a tf j t Y ��'i . .a � 1° '�, . *`?�E"`� ?'t: k ��'� ;� sa a � �S�r �4'�� ;. �� ' .� � � �r{ ��(,}1��, ,: �' �'y� ��{.�,� }f� i �� .� � jj:�,��j�. '�.. {�' �r:1� � �`;.�i.7'.�,:�,,� . r.i.1�t„A•da. .+� � . f�k�+..;.f^+j.��; �� 7� k . A t n�� a� �a d^ - 7 "'^ 71. � i� �,5'g ;, i F �� Z 1�t. t .� ti: �'. �,� t �i,�� S �. t `�r t� �. k;t ''ir� ..�: �., � ,�. `. i,. : �M,,,..,,.. .�„�MSw++r+� . . 1 j,' �,,._._._. _..,-.,�.�_.....,_. .-... , �- ,_. .. . IN WITNE3f3 WHEREOF, I, C. J. FREDRICKSEN, the Testator, _�., have to this Last Will and Testament written on five (5) sheets -�`� of paper, set my hand and seal this ��day of October, 1990. �� Signed, sealed, published ) '�lk .:t� and declared by the above ) ��s named, C. J. FREDRICKSEN, ) '�+:� as and for his Last Will ) .;�`' and Testament, in the ) ��'t presence of us who have ) �� (SEAL) ;E,, hereunto subscribed our ) C. J. FREDRICKSEN ;i� names at his request as ) witnesses thereto, in the ) j��'� presence of the said ) ��.:;, ,";w; T st r and of e h other. ) . �� ) ) :�� r1'v,��+-�,� �df �� ) ��: k;;:�,;, . f`,`;;� !,;`;: �` ; ;i�:±. ':�'i. r(� �I; 'e: ,J°. a•. �I.: .i' t4fr , {�' '�. �: Z#!. ,jY i. 1,= :++ � �i t; .�`�. s; :;:` �:�2'�. ti� ,, -5- 7;, ;�' �.' r RM x' �3: 1J T��''�� . '3 . -.F^� �d ' d,i.� : � � • � �1 j' i 'S r. '1 y{ �.� � M � 4' y� 'SY�� # $} � !� � �w�n • { R,. � `�; ��; �, ''"' °,�r�; ��' 6."�. L�1i:f:� ,.. .,u. . , � - � , . .. . .....:..w.. -.�—____- — .__ ._._ , �. __� , ;. ,, { I _...�.....Y .......,..,_w�....,,.�......b.,.�.��...»M._,..»»,.,�...�.»._ . ......,�,.:.• �>, i ACRNOWLEDGEMENT y .I COMMONWEALTH OF PENNSYLVANIA . ; SS. COUNTY OF �G�/Yfj(��/eL/¢�J : �� ' �� ;; :'�; - -- I,-- C.—J. FREDRICKSEN, the Testator whose ltame is signed to ;;�, � �., the foregoing Last Will and Testament, having been duly qualified �; ',1" according to law, do hereby acknowledge that I signed and executed that instrument as my Last Will and Testament; that I ,�� V signed it willingly and as my free and voluntary act for t1�e i�'�`�L ;$;. purposes therein expressed. ;:' �(/ V.�/.l4�Fi�f �'f '"`� C. J.FREDRICKSEN �� .�w.,�, z,;{�.; - �, Sworn to and �acknowledged ":: before me by C. J. ` Fredricksen, the Testator, ��.� this 1��ay of October, � � 1990. �. x;: x' a tdOTARY PUBL C My Commission Expires: ;,+ ' µ'.' . ��t'� P�CjA.RLAL SEAt MARILOU E. COLUP�GA,Noiary Public ��,, H�rr;,burg, DGuphinCou�ty ,^,: t�1y Commissiim:�;=':�`�arch 22,1993 �.�; _ �,� ,_,_.,...._.... ....._ �.�: : ,:4'' �� . a r��!:.1 —6— �l/r/N' ?ii�,j ;�;i �{h�r �� ,.:..' i'? ' � � • .1i � � t'., � � 1� � f � ��`r t�R � 7 -LP �'�'i,i :4 ty� Ii 4N ;c- �t �t''� �,. ' ��5� Lk.j �I { �e� � �� •,d��4"�, �� w�� *�a� a �� tp � ; aa,��"'Y�LF I �va�i�4 �J�� .. >��, �4; �} � � i• 1 � t � y ' '� u �'� u i �,C� , tr � i�.,� ;r�+�#� + ��r • �`r `y , a� n t�r , �r,s � �. �. �i e � ��r . �Y�'3s ' 15 u �S r��y�P . h �f�j��.�r ti ` .rtfK��' t1 �� f , ��ef,�f+.� t � � �k� .� r r ��-.t '�r,r �,a P ��.�" . E4"� ' 41 y��tij �t�.�.. ��)9 �� ' �;. �i�'S��t? riy,t�r''',��j�a, sa .,� � a��+��r��.y� d,�i.��,1i'r��t�.�.� '� �4:�.M+��,. � . • �,�rnr�rr�a«»,�r,�+n . w:y�i' i.�, '�'" AFFIDAVIT .:t �,? ;�; ' COMMONWEALTH OF PEIVNSYLVANIA . ,�" SS. ,,c, . �' COUNTX OF ��l3l,��iQL�� • .; N,+. '` We, 1N\4!._lm'w^ �\ . V�-'�l� and � H--av,^-4.S � . �`t;� , the witnesses whase names are siqned ta the M1�� `� foregoing Will as witnesses, being duly quaiified accardinq to .�f; law, do depose and say that we were present and saw the Testatar, ;,�. r�`' C. J. Fredricksen, sign and execute the Will as his Last Will and f; ;. f Testament; tha� he signed willingly and that he executed it as � ��; his free and vo�untary act �or the purpases therein expressed; ,�� tk�at each of us in the hearing and sight of the Testatox signed _ �,. ; ;� the W3.11 as a witness; and that, to the best of our knowledge, .,t ;_;�'� the Testator was a� that time of sound mzncl, and under_ no._.. . . _.,.Y_- - ;,�i __ �' �onstraint or undue inf2aence. i'4�1 �� r'1� p'�„^, ! • '�+'M1/�/riV/✓�t. G Q V V � ' F"' � �• �?�� Swarn or affirmeci to and � subscribed to before m by , '"` ��/7?/�,f c�D and � � :�(, T — this Fi; ��, day af Oc�ober, 1990. • .�;� �� _�� ;��' Id0`PARY PUBI�LC i�� }�,u+ �{ N:y �cmmission Expires: ':4 �:3iG�.� <•, �� ._. —7— f} NG'TARIAZ fiFAC MARILOJ �. CULUNGA,N�ia�y PubliC �; }larriSk;:ir,�, (1„r �h� , �� R E,or��ty ;� t�y Cttat�ri�-s�;;�:�r�t:��*i3�,s Tv�,r{,h 22,f 993 _ i� .,..r_........_, �. _...��.�..._.._._ . ;;'i � �, �; , .F�Y,M S�i � ;i r 6tri4 �i 's'U 74Fi iL' �`�`,,... '> �` �rr� � n a M1� 3� , �i �:1�. r�� :,ry .�t:.,, � �`4;� � . .�'t:..n..s. . .. , • _:r. ,... . . . .. c�-'�' PETITION FUit pROBATE and GRA.NT �DF LF`�TERS Fsrare of C• J. FR�DRICKSEN No. �t_.. �pZ "'"' T 4J rrtsa known ar To. �"' R�gistcr of Willm�erland Deceased. County of ia tht " ' Saria!Securrty Na.__�4Q-03-Ob93 • Commonwcalth of Pennsytvanta � Tho petitian of the undorsignod respectfully represents thar. Your pctidoner(s},who islare 1$years of ago ar older an the exxut�rs namai in tha last will af tho above dc�cdent,dated �ctaber 12, � 19 90 and codicii(s} data! (state ttlevant dreum�tanca,a=,raaunciepao,death of exautor,etc,) Dxondrnt was darniciled ai death in Cumberland Couuty,Ptnnsylvania with� " iLig tast family or pripcipal residence at_�620 I:o�an Street, Ant 6C, Camp Ail� ^ {ltst sttaY�numbar usd muncip�l+[Y) � '' Dtcendcnt,thrn 74 years of agc�dicd � ��nuary 4, � 19 92 � , �A2apYes, Flor3da - Exccpt as faqows,decedGnt did not marry,was not divorccd and did not have a child born or adoptod .,. _ _sfter�accutioa of the wiU offored far probate;was not tht victim of a kilting and was n�vor ad,yudicatod - incompctcnt: -� Dcceadent at dcath owned property with estimatai valucs as follows: {If domici3cd in Pa.} All ptrsanal praperty S 1QO,OOQ {if not dom3ciled le Pa.) Porsaaal property ta Prnnsytvania S (If aat domin`lcd in Pa.) Personal property In County = Yalue af rea2 cstate in Peunsylvania � situatad SS faUows; --... WHEREFORE, pctitioqtr(s) rr.spcctfully «q'u'csl(s}"t!►"e"probate"bf�the'1a"sC`w�i11'arid:codial(s): ;�`,`'�- -. presented hercwith aud the grant of tettcrs fiestamen�ary (tatamauary;admininnt3an c.t.a.;�dminixintioo d.b.n.c.t.a.) theroa. ' Dayphin Dpposit gank � Trus��Co - - __.� ✓�a ti�.J 11.,./tl4„jt'»r�r.r �kl'� i� ) a:� . r' .�t(� tlh�_.�h�+t_�!�.52-�t� ./ ; at , �q ��. �� ,fA� 2 ri ::� . c:-� � �`�,.�Y.t_C�.-.�� - .� <. /�n// _ FxPrt�Yp}-s �0 1'--Q- T�C�X..29fi1 � flarr�sbtzrg, PA 171 OS OATH OF PERS(JNAL REPRESENTATIYE � -- � Ct}MMONWEALTH C1F PENNSYLVANIA � 8� COUNT�I �F LUMBERLAND Tha petitiancr(s;atrove-namcd swcar(s)or affum{s}that the statcments in the fortgoing petition art �rue and corrcc:to the bat af the kaowledge and belief of petitioner(s)and that as personal rcpresru- tativo(s}cf th�abav�dccedtnt petitioner(s)will wcll and truly administGC thc cstaic according to Iaw. Sworn to ar :;f�.rmed and subscribed ��G��-K-� �- ��t�'� - c., ��i�,�� _ re me this—,•;,.� _., d y af �" �--�`�:':�:s�� o ��'��`� ° . . ; T �j w j�AP C. LEWIS Register �_ �-�1_..• ... � �,; (� P-;::` �.� � __ . -_.__-----_- `� �.-a�i_ _ _--__ _ N0. 21 - 92 - 40 . Estate of C. ;T. FREDRICKSEN , Deceased � DECREE OF PROBATE AND GRANT OF LETTERS AND NOW JANUARY 1 4, 19_92.—, in consideradon of the petidon on the rtverse side hereof, sadsfactory proof having been prescntod before me,: IT IS DECREfiD that the inswment(a) datc� �C'rOBFR la.., 1990 dcscribed therein be admitttd to probate and filed of record as the Iast will o[ C J FREDRICKSEN ; and Lettas TESTAMENTA�_ are hereby grantcd to A9b1RY JANE FREDRICKSEN and �_ DAUPHIN DEPO5IT BANK and TRUST COMPAtvl' WILL BOOK #120 � � �� PAGE 417 ETC. �z kF S� M��.�WIS l.=:�. � FEFS ' - Probate, i,etters, Btc. ......... S 200.00 william ti. Wood, Esquire �`'�,.� ;,. Short Certificata(1�.......... S 30.00 �TTOxtrEY�up.Ct.t.D.No.) . Keefer, Wood, Allen & Kahal Renunc�adon ................ S�a 2�p Walnut Street, Harrisburg, PA 17101 JCP X-Pages s '�-� �D� TOTAL _ S� �5 3_n n F�� ... JANU�RY .14 r..1992........: ; 717-255-8045 _ __ PHONB i�_ `_" `='_ , i�., .� c. � . r.__-�_� � . i�_ ' u_;. _� ' - M �_�::; � ; J � , l�lt.: ' . .. t:_�•'_ cC .•.:i.�l � cc�`• � .0 o;+ — U�!� �..� �`c N wU . O1 J . �� Mailed letters to attorney on 1-14-92 . = � _ I ��tiJ _ _. 1 ' I , , i � � ` _ .--� - �-- � -- _ - --- --- -� � ��- i I I ' LAST WILL AND TESTAMENT OF W. HAINES KENT � I, W. HAINES KENT, Of the Borough of Camp Hill, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do make, utter and publish this my Last Will and Testament, hereby revoking all former Wills by me heretofore made. 1. I order and direct that all my just debts and funeral expenses be fully paid and satisfied by my Executrix hereinafter named, as soon as conveniently may be after my decease. .�r_ �� 2. �I give, devise and bequeath all my property, real, personal and mixed, whatsoever nature and wheresoever situate, or which I shall die seized and possessed, or to which I shall be entitled at the time of my decease, to my wife, ETIIEL TROSTLE KENT. 3. In the event that my said wife, ETHEL TROSTLE KENT, should predecease me, or should we die in a common disaster, then and �n that event, I give, devise and bequeath my Estate as follows: A. I give and bequeath the sum of TWO THOUSAND ($2,000.00) DOLLARS to the CAMP HILL PRESBYTERIAN CHURCH, Camp Hill, Cumberland County, Pennsylvania, its successors and assigns, which said fund shall be invested by said Church and the income used to perpetuate my annual contribution and for general Church purposes. � B. I give and bequeath the sum of TWO THOUSAND ($2,000. 00) ` �., DOLLARS to JUNIATA COLLEGE, Huntingdon, Pennsylvania, its successors and assigns ,—which shall be invested by said College, and the income therefrom used to perpetuate the annual gi.ft of ETHEL 1ROSTLE KENT, Juniata 1918, for general College purposes. g �..iN� _..._ _ IN RE: ESTATE AND TRUST OF : IN THE COURT OF COMMON PLEAS CLEVE J. FREDRICKSEN, : CUMBERLAND COUNTY, PENNSYLVANIA DECEASED : ORPHANS' COURT DIVISION : NO. 21-92-40 c� :=l .� � RECEIPT, RELEASE,REFUNDING AND INDEMNITY A(�EMENfi rn � FOR INTERIM DISTRIBUTIONS FROM MARITAL�ST � '° � � �, a s �-e c� r.�. ` � W n�� THIS AGREEMENT, made this 2°d day of December, 2013, c� �-, � --� ° � c-a ca -�� .�:. �'► � �-� WITNESSETH : � � ►--' �, ri �,. cn cn Q THE CIRCUMSTANCES leading up to the execution of this Agreement are as follows: 1. Cleve J. Fredricksen (the "Decedent", or the "Settlor"), a married man, late of Camp Hill, Cumberland County, Pennsylvania, died testate on January 4, 1992. 2. On January 14, 1992, the Register of Wills of Cumberland County, Pennsylvania (the "Register"), issued Letters Testamentary to the Decedent's widow, Mary Jane Fredricksen and Dauphin Deposit Bank and Trust Company, as co-executors of the Decedent's probate estate (the "Estate"). 3. Manufacturers and Traders Trust Company (the "Bank") is, inter alia, the corporate successor, by merger, of Dauphin Deposit Bank and Trust Company. All references herein to the "Bank" mean and include both Dauphin Deposit Bank and Trust Company and also Manufacturers and Traders Trust Company, as its corporate successor. 4. During his lifetime, the Decedent, as settlor (the "Settlor") established a revocable inter-vivos trust (the "Trust"), with the Bank (then or later known as Dauphin Deposit Bank and Trust Company) as trustee (the "Trustee"), by the execution of a Revocable Trust Agreement originally dated December 19, 1974, as subsequently amended on November 1, 1982, and as further amended and restated in its entirety on October 12, 1990 (collectively, the "Restated Trust Agreement"). A copy of the Restated Trust Agreement, entitled "Second Amendment to Revocable Trust Agreement", dated October 12, 1990, is attached hereto as Exhibit "A", and is fully incorporated herein by this reference. 5. As provided in the Restated Trust Agreement, upon the Settlor's death the property of the Trust was divided into two separate shares/trusts: Trust A and Trust B. Trust A (the "Marital Trust") is a federal estate taY marital deduction trust. As provided in the Restated Trust Agreement, the Decedent's widow, Mary Jane Fredricksen, was entitled to receive benefits from both the Marital Trust and from Trust B during her lifetime. Trust B was terminated and distributed in 1993, as part of the judicial closing of the Estate, as described in paragraph 7 below. 6. The Marital Trust was funded in 1992, through several large distributions from the Trust to the Marital Trust. Since 1992, the Bank, as Trustee, has administered the assets of the Marital Trust in accordance with the terms of the Restated Trust Agreement, including periodic payment of all income and required principal distributions of the Marital Trust to Mary Jane Fredricksen, during her lifetime, as the sole life beneficiary thereof. The Restated Trust Agreement gave Mary Jane Fredricksen the right to withdraw up to One Hundred Thousand Dollars ($100,000)per annum and she exercised this withdrawal power annually. 7. In 1993, the Bank, as Trustee of the Trust, prepared and filed its First and Final Account, accounting for the Trustee's administration of the Trust for the period from December 19, 1974 to August 5, 1993. This Trustee's First and Final Account was filed for adjudication by the Orphans' Court Division of the Court of Common Pleas, of Cumberland County, Pennsylvania (the "Court"). The Trustee's First and Final Account was confirmed, absolutely, by - 2 - the Court on November 23, 1993, per adjudication of J. Wesley Oler, Jr., Judge. Also on that date, the Court adjudicated and confirmed, absolutely, the First and Final Account of the Bank and Mary Jane Fredricksen, as Co-Executors of the Estate. 8. Mary Jane Fredricksen died June 3, 2013, being then a resident of Cumberland County, Pennsylvania. The Last Will and Testament of Mary Jane Fredricksen, dated May 24, 2005, including the Sole Codicil thereto, dated September 28, 2007 (collectively, "Mary Jane's Last Will") was duly probated by the Register on June 6, 2013. The Register issued Letters Testamentary to Richard E. Connell and Deborah Sprang Dewey, as co-executors of Mary Jane Fredricksen's probate estate. 9. By the Sole Codicil to Mary Jane's Last Will, Mary Jane Fredricksen declined to exercise the testamentary power of appointment given to her by Article II(c) of the Restated Trust Agreement. Therefore, upon Mary Jane Fredricksen's death, the remaining assets of the Marital Trust became distributable to the Beneficiaries, described below, as the remainder beneficiaries of the Marital Trust, after payment of the Marital Trust's applicable federal estate taxes and remaining expenses of administration and termination costs. 10. Article II of the Restated Trust Agreement provides the following terms for the final division and distribution of the Marital Trust upon the death of Mary Jane Fredricksen: Upon the death of Settlor's wife, the entire remaining principal of Trust A, together with any undistributed income therefrom, shall be paid over, conveyed and distributed to or in trust for such appointee or appointees (including the estate of Settlor's wife), in such manner and in such proportions as Settlor's wife may appoint in and by her Last Will and Testament, making specific reference to the power of appointment herein conferred upon her. In disposing of Trust A, the Trustee shall be protected in relying upon an instrument admitted to probate in any jurisdiction as the Last Will and Testament of the Settlor's wife, or in acting upon the assumption that Settlor's wife died intestate in case the - 3 - Trustee has no notice of the existence of a Will of Settlor's wife, within six (6) months after the death of Settlor's wife. In default of the exercise of such power of appointment by Settlor's wife, or insofar as any part of such Trust shall not be effectively appointed by her, then upon the death of Settlor's wife, the entire remaining principal of Trust A, together with any undistributed income therefrom, or the part of such Trust not effectively appointed, shall be distributed as follows: If Settlor's wife has not specifically exercised her power of appointment to pay any part of the estate, succession, death or similar taxes assessed with respect to the assets of Trust A, then the Trustee shall pay to the executors or administrators of the estate of the Settlor's wife, for the purpose of paying such taxes, the amount by which such taxes assessed by reason of her death shall be increased as a result of the inclusion of the assets of Trust A in her estate for usch tax purposes. The balance of the principal of Trust A or all of the principal of Trust A if no amount is distributed under exercise of the aforesaid power of appointment, together with any undistributed income therefrom, shall be added to and become a part of Trust B, and shall be held, administered or distributed, in whole or in part, as if it had been an original part of Trust B. (d) After setting aside the assets to comprise Trust B as hereinabove provided, all of such assets shall then be divided into three (3) equal shares, one of which shall be held in a separate trust for Settlar's son, CLEVE LAURANCE FREDRICKSEN; one of which shall be held in a separate trust for Settlor's son, BRIAN HAROLD FREDRICKSEN; and one of which shall be held in a separate trust for Settlor's son, THOMAS MARK FREDRICKSEN, each of which separate trusts shall be administered as hereinafter set forth. The income from each such separate Trust shall be paid in monthly or other convenient installments to that son for whom the Trust is set aside until the assets of such Trust are finally distributed as hereinafter provided. When each of such sons attains the age of thirty-five (35) years, one-third (1/3) of the principal of the share held in trust shall be distributed to him, absolutely. When each of such sons attains the age of forty (40) years, one-half(1/2) of the remaining principal of the share held in trust shall be distributed to him, absolutely. When each of such sons attains the age of forty-five (45) years, the entire remainder of the share held in trust, together with any undistributed income therefrom, shall be distributed to such son, absolutely. - 4 - If the date of the Settlor's death does not occur until after a son shall attain the age of 45 years, the principal of and any undistributed income then in that son's share shall be distributed to that son absolutely. Any principal and undistributed income which shall thereafter be added to that son's share under the last paragraph Section II(c) of this Trust Agreement shall be promptly distributed to that son absolutely. If any such son should die before the date of final distribution of the last remaining portion of the principal of his share to be held in Trust as afaresaid, such remaining principal and any undistributed income therefrom shall be paid as follows: (1) If such son should leave both a spouse and issue surviving, one-half(1/2) of the remaining principal and any undistributed income therefrom shall be paid to that son's spouse and the other one- half(1/2) thereof shall be paid to his surviving issue, per stirpes. (2) If such son should leave a spouse surviving but no issue surviving, then one-half(1/2) of the remaining principal and any undistributed income therefrom shall be paid to that son's spouse, absolutely, and the other one-half(1/2)thereof shall be paid to Settlor's grandchildren, then living, in equal shares. (3) If such son should leave no spouse surviving but leave issue surviving, then the entire remaining principal and any undistributed income therefrom shall be paid to that son's surviving issue, per stirpes. (4) If such son should leave neither a spouse nor issue surviving, then the entire remaining principal and any undistributed income therefrom shall be paid to Settlor's grandchildren, then living, in equal shares. If any issue of any one of Settlor's sons or any issue of Settlor taking under this Subsection(d) is a grandchild of Settlor who is living at the time of Settlor's death, the share of such grandchild shall be held in a separate trust for such grandchild, the income from which shall be paid in monthly or other convenient installments to that grandchild until the assets of such separate trust are finally distributed as hereinafter provided. When any such grandchild attains the age of twenty-one (21) years, one-third (1/3) of the principal of his or her share held in Trust shall be distributed to him or her, absolutely. When any such grandchild attains the age of twenty-five (25) years, one-half(1/2) of the remaining principal of his or her share held in Trust shall be distributed to him or her, absolutely. When any such grandchild attains the age thirty (30) - 5 - years, the entire remaining share of the Trust shall be distributed to him or her, absolutely. In addition to the payment of income hereinabove provided for in the case of each of Settlor's sons and in the case of certain of Settlor's grandchildren, the Trustee shall have authority, in its absolute discretion, to pay to or apply for the benefit of any such son or grandchild, from time to time, such sum or sums from the principal of that son's or grandchild's share held in Trust as it may deem necessary or advisable to provide for medical care, education, comfortable maintenance or welfare for him or her for his or her family, or to improve his or her station in life. 11. The Settlor had three children from his first marriage, namely, Brian H. Fredricksen, Thomas M. Fredricksen, and Cleve L. Fredricksen. The Settlor's son Cleve L. Fredricksen died on August 20, 2007. Cleve L. Fredricksen, deceased, was survived by his wife, Beverly S. Fredricksen, and by two adult children, namely Cleve M. Fredricksen (age 46) and Cristi Fredricksen Kyler (age 48). Brian H. Fredricksen, Thomas M. Fredricksen, Beverly S. Fredricksen, Cleve M. Fredricksen, and Cristi Fredricksen Kyler, as the remainder beneficiaries of the Marital Trust, are hereinafter collectively referred to as the "Beneficiaries". 12. Based upon available information, the Bank, as Trustee, understands and believes that the assets of the Marital Trust are subject to federal estate taxation (at a flat rate of forty percent (40%)) as a result of the death of Mary Jane Fredricksen. For that reason, the Trustee, following diligent inquiry and advice of counsel, has determined that it is advisable to retain approximately sixty percent (60%) of the assets of the Marital Trust, pending the determination, payment and final settlement of Mary Jane Fredricksen's federal estate tax liability, including such taxes due from the Marital Trust. 13. For the reasons stated in Paragraph 12 above, the Trustee has determined that it is advisable to distribute Nine Hundred Forty-Seven Thousand Dollars ($947,000) from the Marital - 6 - Trust to the Beneficiaries, in the respective amounts set forth below(collectively, the "Interim Cash Distribution"). 14. In accordance with Article II(d) of the Restated Trust Agreement, the pro-rata shares of the Beneficiaries in both the Marital Trust (as a whole) and in the Interim Cash Distribution are as follows: Trust Interim Cash Beneficiary Share Distribution Brian H. Fredricksen 1/3 $315,667 Thomas M. Fredricksen 1/3 $315,667 Beverly S. Fredricksen 1/6 $157,833 Cleve M. Fredricksen 1/12 $ 78,916 Cristi Fredricksen Kyler 1/12 $ 78,917 TOTAL - INTERIM CASH DISTRIBUTION: 947 000 15. The Beneficiaries now desire to execute this Agreement in order to confirm their receipt of the Interim Cash Distribution, upon the terms and conditions hereinafter set forth. 16. In consideration of the release, refunding and indemnity protections hereinafter provided to the Trustee, the Trustee is willing to make the Interim Cash Distribution to the Beneficiaries, upon the terms hereinafter set forth. 17. The Beneficiaries and the Trustee are hereinafter collectively referred to as the "Parties". NOW THEREFORE, in consideration of the foregoing, and intending to be legally bound hereby, severally but not jointly, the Parties for themselves, their heirs, personal representatives, successors and assigns, hereby agree as follows: 1. Confirmation of Recitals. The Parties represent and warrant that they have read and understand this Agreement and confirm that the recitals set forth above are true and correct, to the best of their knowledge, information and belief. - 7 - 2. Receipt of Interim Distribution. The Beneficiaries hereby acknowledge their respective receipt of their pro-rata shares of the Interim Cash Distribution, and further agree and confirm that such amount is being paid to each of them in partial satisfaction of their respective entitlements as remainder beneficiaries of the Marital Trust, whether under the Restated Trust Agreement or otherwise. 3. Release of Trustee/Trust. To the extent of the Interim Cash Distribution hereby made each of them, the Beneficiaries hereby absolutely and irrevocably remise, release, quitclaim and forever discharge the Trust and the Trustee, including the Trustee's attorneys, agents, employees, successors and assigns, of and from any and all actions, payments, accounts, reckonings, liability claims and demands relating in any way to the Trust. 4. Refundin�Agreement. The Beneficiaries hereby agree to refund, upon demand, all or any part of their respective parts or shares of the Interim Cash Distribution which is/are determined by the Trustee, or by the Court, or by any other court of competent jurisdiction, to have been improperly made. 5. Indemnification of Trust/Trustee. To the extent of their respective parts or shares of the Interim Cash Distribution,the Beneficiaries hereby agree to indemnify and hold harmless the Trustee and the Trust, including the Trustee's attorneys, agents, employees, successors and assigns, from and against any and all claims, losses, liabilities or damages that may be asserted against the Trustee and/or the Trust with respect to this Agreement, including with respect to the Interim Cash Distribution. 6. Consent to Court Jurisdiction. The Parties hereby consent to the Court exercising personal jurisdiction over them in any suit or action arising out of the enforcement of this Agreement. 7. Covenant Not to Sue. The Beneficiaries agree not to bring any action, suit or administrative proceeding contesting the validity of this Agreement or attempting to negate, modify, or reform it. Any breach of this Covenant Not to Sue shall be a material breach of this Agreement. The Parties further agree that this Agreement may be pled as a complete defense and bar to any claim or entitlement whatsoever which they may assert in any suit or claim against the Trustee, the Trust and/or its attorneys and involving the Trustee's administration of the Trust, including this interim distribution of the Trust's assets as provided in this Agreement. 8. Governing, Law. The Parties acknowledge that this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions. 9. Venue. The Parties agree and covenant that the Court shall be the sole venue for the litigation of any disputes arising under this Agreement. - 8 - 10. A�reement Bindin�on Heirs. This Agreement shall be binding and shall inure to the benefit of the Parties and also upon their respective heirs, successors, next of kin, devisees, legatees, beneficiaries, appointees, executors, administrators, personal representatives and assigns. 1 l. Entire A�reement. This Agreement constitutes the entire understanding between the Parties concerning the subject matter hereof, and supersedes any and all prior written agreements and any and all prior or contemporaneous oral agreements or understanding relating to the subject matter hereof. 12. Waivers, Amendments. This Agreement may not be amended, modified, superseded, canceled, renewed or extended, nor may any term or condition hereof be waived, except by a written instrument or document signed by all the Parties or, in the case of a waiver, signed by the Party sought to be charged therewith. No waiver by any Party of the breach of any provision hereof shall be deemed to constitute a waiver of any continuing or subsequent breach of such provision or any other provision hereo£ Except as otherwise provided herein, the rights and remedies expressly granted hereunder shall be cumulative with respect to, and shall not be deemed to exclude, any other rights and remedies to which any Party shall be entitled at law or in equity. 13. Construction. References to persons or things shall be deemed to refer to such persons or things in the singular or plural and in the masculine, feminine or neuter gender as the context shall require. 14. Agreement Severable. This Agreement shall be deemed to be severable, so that if any provision hereof shall be determined by the Court, or by any other court of competent jurisdiction, to be invalid ar unenforceable, the remaining provisions hereof shall continue to remain valid and enforceable in accordance with their terms. 15. Counterparts. This Agreement may be executed in multiple counterparts, each of which may contain the signatures of one or more of the Parties, all of which, taken together, shall constitute one and the same instrument. IN WITNESS WHEREOF, the Parties have executed the Consents attached hereto, with the same to be effective as of the date first above written. - 9 - IN RE: ESTATE AND TRUST OF : IN THE COURT OF COMMON PLEAS CLEVE J. FREDRICKSEN, : CUMBERLAND COUNTY, PENNSYLVANIA DECEASED : ORPHANS'COURT DIVISION , N0. 21-92-40 CONSENT TO RECEIPT,RELEASE,REFUNDING AND INDEMNITY AGREEMENT FOR INTERIM DISTRIBUTIONS FROM MARITAL TRUST � THE LINDERSIGNED,BRIAN H. FREDRICKSEN,as a one-third (1/3`d)remainder beneficiary of the Marital Trust established by Cleve J. Fredricksen, by that certain Trust Agreement originally dated December 19, 1974, as subsequently amended, and as amended and, restated in its entirety on October 12, 1990,hereby consents to the Receipt,Release, Refunding , And Indemnity Agreement For Interim Distribution From Marital Trust,dated December 2, 2013 (the"Agreement"),for the purposes expressed therein. The undersigned further acknowledges receipt of a copy of the Agreement. � AN H. FREDRICKSEN = � �' COMMONWEALTH OF VIRGINIA : ss��3 �� , COUNTY OF C� . On this,the 'J day of �i�CernL�2r ,2013,before me,the undersigned officer, personally appeared BRIAN H. FREDRICKSEN,known to me, (or satisfactorily proven)to be , the person whose name is subscribed to the within instrument,and acknowledged that he i executed the same as his free and voluntary act for the purposes expressed therein. IN WITNESS WHEREOF, I hereunder set my hand and official seal. I � ' �. � CAFtRIE ANN KNfGHT No Public � NOTARY PUBUC � Commonwealth o#Vkglnia Reg.#7368071 My rommissicn Expires May 31, �a� 1� � I I IN RE: ESTATE AND TRUST OF : IN THE COURT OF COMMON PLEAS CLEVE J. FREDRICKSEN, : CUMBERLAND COUNTY, PENNSYLVANIA DECEASED : ORPHANS' COURT DIVISION : NO. 21-92-40 C01�1SENT TO RECEIPT, RELEASE, REFUNDING AND INDEMNITY AGREEMENT FOR INTERIM DISTRIBUTIONS FROM MARITAL TRUST THE IJNDERSIGNED, THOMAS M. FREDRICKSEN, as a one-third (1/3`d) remainder beneficiary of the Marital Trust established by Cleve J. Fredricksen, by that certain Trust Agreement originally dated December 19, 1974, as subsequently amended, and as amended and restated in its entirety on October 12, 1990, hereby consents to the Receipt, Release, Refunding And Indemnity Agreement For Interim Distribution From Marital Trust, dated December 2, 2013 (the "Agreement"), for the purposes expressed therein. The undersigned further acknowledges receipt of a copy of the Agreement. T MA� . REDR KSEN STATE OF COLORADO : : SS. COUNTY OF �h�✓' : On this, the S day of ��Nt,�✓ , 2013, before me, the undersigned officer, personally appeared THOMAS M. FREDRICKSEN, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same as his free and voluntary act for the purposes expressed therein. IN WITNESS WHEREOF, I hereunder set my hand and official seal. � tG� ��" ��p�� otary Public STATE OF GOLORADO NOYIIRY D 201�/060�'p M�r Ca'nriiwion E��A�pu�e.2017 - 11 - 1N RE: ESTATE AND TRUST OF : IN THE COURT OF COMMON PLEAS CLEVE J. FREDRICKSEN, : CUMBERLAND COUNTY, PENNSYLVANIA DECEASED : ORPHANS' COURT DIVISION : NO. 21-92-40 CONSENT TO RECEIPT, RELEASE, REFUNDING AND INDEMNITY AGREEMENT �+'(l�il�T'E.�?Tl1%i TJi�T�2IRiTTTOI�TC FRf1M I�AR�'1'AT, T12_LTST THE UNDERSIGNED, BEVERLY S. FREDRICKSEN, as a one-sixth (1/6th) remainder beneficiary of the Marital Trust established by Cleve J. Fredricksen, by that certain Trust Agreement originally dated December 19, 1974, as subsequently amended, and as amended and restated in its entirety on October 12, 1990, hereby consents to the Receipt, Release, Refunding And Indemnity Agreement For Interim Distribution From �Vlarital Trust, dated December 2, 2013 (the "Agreement"), for the purposes expressed therein. The undersigned further acknowledges receipt of a copy of the Agreement. , � ,<.. BEVE S. FREDRICKSEN ``\"NqN11111N�tp��' ,°.��'"�.A��,,, DEBORAH ��,0:r;,MON�,G:°o: E. POOLE �o .o r;•:<,, COMMONWEALTH OF VIRGINI.A : � :;, C �.� � Notary Pubiic • SS; �• L � � Commonwealth of Virginia COUNTY OF° oz. �.�,u �L��, : =�o��'•°R��•��?��V�MY Commission Expires�0 07 0�5 � r J ��`/hTqRY��p,Ue��'� Commission!D#166540 � ;_'� Uri t111S, 211e S��ciay oi�� . , LU 1�i, neiore me, me unciersi�neci oiii�er, personally appeared BEVERLY S. FREDRICKSEN, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same as her free and voluntary act for the purposes expressed therein. IN WITNESS WHEREOF, I hereunder set my hand and official seal. � �?_ Jj�r r(^� (`;J�/ .�R�[.3T1L.ti�.-•!�..�f V? �--�, Notary �'ub�ic - 12 - IN RE: ESTATE AND TRUST OF : IN THE COURT OF COMMON PLEAS CLEVE J. FREDRICKSEN, : CUMBERLAND COLTNTY, PENNSYLVANIA DECEASED : ORPHANS' COURT DIVISION : NO. 21-92-40 CONSENT TO RECEIPT, RELEASE, REFUNDING AND INDEMNITY AGREEMENT FOR INTERIM DISTRIBUTIONS FROM MARITAL TRUST THE IJNDERSIGNED, CLEVE M. FREDRICKSEN, as a one-twelfth(1/12`h) remainder beneficiary of the Marital Trust established by Cleve J. Fredricksen, by that certain Trust Agreement originally dated December 19, 1974, as subsequently amended, and as amended and restated in its entirety on October 12, 1990, hereby consents to the Receipt, Release, Refunding And Indemnity Agreement For Interim Distribution From Marital Trust, dated December 2, 2013 (the "Agreement"), for the purposes expressed therein. The undersigned further acknowledges receipt of a copy of the Agreement. r �r CL . FREDRICKSEN COMMONWEALTH OF VIRGINIA : ...., : SS. COLTNTY OF t. � c�q�. : J On this, the_ 5� d�v �f ��c_evr�t�C�(', 2Q13, before me, the undersi�ned officer, personally appeared CLEVE M. FREDRICKSEN, known to me, (or satisfactorily proven)to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same as his free and voluntary act for the purposes expressed therein. IN WITNESS WHEREOF, I hereunder set my hand and official seal. `\�11h1N1111NHp///� j ;��r��.e:woo°'°�,, LINDA B. WOOD �� / ��;o��-��.o ��` ' }' Notary Public otary Public _ :U�S OF��; �s _ � " Commonwealth of Virginia � �, �'•..�'n,4,yN�?:'\G;�My Commission Expires S-- 3/'� �' v'��""�" � �' Commission ID#166730 /,��'HUr��in UO��\\� - 13 - IN RE: ESTATE AND TRUST OF : 1N THE COURT OF COMMON PLEAS CLEVE J. FREDRICKSEN, : CUMBERLAND COUNTY, PENNSYLVANIA DECEASED : ORPHANS' COURT DIVISION : NO. 21-92-40 CONSENT TO RECEIPT, RELEASE, REFUNDING AND INDEMNITY AGREEMENT FOR INTERIM DISTRIBUTIONS FROM MARITAL TRUST THE LJNDERSIGNED, CRISTI FRF,DRICKSEN KYLER, as a one-twelfth (1/12tn) remainder beneficiary of the Marital Trust established by Cleve J. Fredricksen, by that certain Trust Agreement originally dated December 19, 1974, as su�sequently amended, and as amended and restated in its entirety on October 12, 1990, hereby consents to the Receipt, Release, Refunding And Indemnity Agreement For Interim Distribution From Marita] Trust, dated December 2, 2013 (the "Agreement"), for the purposes expressed therein. The undersigned further acknowledges receipt of a copy of the Agreement. ' �— , F �-----, C STI EDRICKSEN KYL .' ( COMMONWEALTH OF VIRGINIA : ' : SS. COUNTY OF �l (,.l,Q.�, : � nn this, the �h � _,,�— day of��'�i;n��•�.J_, 2013, before me, the undersigned officer, persanally appeared CRISTI FREDRTCKSEN KYLER, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same as her free and voluntary act for the purposes expressed therein. IN WITNESS WHEREOF, I hereunder set my hand and official seal. ; �2�'��'j �� G��- � k;:r K. F'{,�3 . . . ��.�� `T � �` �" �''' otar Public � S ��,� „�� C`(;/�.l�7lk.G� CZ. � � §,;� �� . �wa � � . �..�- .-. � � � ,� � A"r ,�,, f 'n^,' s. ;s 'i. � ��_, ��;��1 f=c�h,� �(,�(�'��G!Yl.- .f�'�iC , � '�"��.n��a � �.+,�' �" �,� , A ti `��«� -�� y'� ��:�1-/� + �x� a�..�a� �� - 14 - IN RE: ESTATE AND TRUST OF : IN THE COURT OF COMMON PLEAS CLEVE J. FREDRICKSEN, : CUMBERLAND COUNTY, PENNSYLVANIA DECEASED : ORPHANS' COURT DIVISION : NO. 21-92-40 CONSENT TO RECEIPT, RELEASE, REFUNDING AND INDEMNITY AGREEMENT FOR INTERIM DISTRIBUTIONS FROM MARITAL TRUST THE UNDERSIGNED, MANUFACTURERS AND TRADERS TRUST COMPANY, successor by merger of, inter alia, Dauphin Deposit Bank and Trust Company, in its fiduciary capacity as Trustee of the Marital Trust established by Cleve J. Fredricksen, by that certain Trust Agreement originally dated December 19, 1974, as subsequently amended, and as amended and restated in its entirety on October 12, 1990, hereby consents to the Receipt, Release, Refunding And Indemnity Agreement For Interim Distribution From Marital Trust, dated December 2, 2013 (the "Agreement"), for the purposes expressed therein. The undersigned further acknowledges receipt of a copy of the Agreement. MANL'FACTURERS AND TRADERS, TRUST COMPANY, Trustee ,,.-;> ,�'� — �OHN O. CAMPBEL , 'ce resident COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF DAUPHIN . On this, the il'�`h day of�,�.��zJ , 2013, before me, the undersigned officer, personally appeared JOHN O. CAMPBELL, who acknowledged himself to be a Vice President of MANUFACTURERS AND TRADERS TRUST COMPANY, and that he, as such officer, being duly authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the name of such bank or trust company by himself as its duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. � �s�� M OF PENNSYLVM11q NoWrial Seal Bonnie Bettler, Notary Pubiic - 15 - City of Harrisburg, Dauphin County My Commission Explres Sept. 20,2017 MEHBER,�ENHSYLVMUq qSSOCIqnON OF t�p7q(u�5 , , _ , -� , ti . . , � • SEC4ND AMENDMENT TO REVOCABLS TRQBT AGREEMENT This "Second Amendment to Revacable Trust Aqreement'� made Q�z.� this _� day o� .Octaber, 1990, executed in duplicate by C. J. FREDRYCRSEN (Cleve J'. Fredricksen) of Camp Hill, Cumberland County, Pennsylvania, hereinafter called the "Settlor" and DAUPHIN DEPOSIT BANR AND TRUST COMPANY (formerly Dauphiri Deposit Trust Campany) of Harrisburg, Dauphin Caunty, Pennsylvania, hereinafter called the "Trustee. " WHEREAS, the Settlor and the Trustee entered into a Revocable Trust Agreement dated Becember 19, 1974 ; and , WHEREAS� Axticle XIII of the Revocable Tr�st Agreement . . provides that the Settlor reserves the right to modify, amend, or revoke that Agreement, in whole or in part; and � RHEREAS, on the lst day of November, 1982, the Settlor and the Trustee executed and delivered a "First Amendment to the Revocable Trust Agreement"; and . . ,_ WHEREA3, fihe..Settlor is now desirous of further amending this "Revocable Trust Agreement" by a Second Amendxnent �.hereto which restates it in its entirety sa as to include the amendments ' hereinafter set forth, and the Trustee is agreeable to such amendment and restatement. NOA, THE':�EFORE, Settlar and Tzustee, intendiizg to be legally b4und, hereby agree as follows: A TRUE Cdf'Y FROM REC�RD In Testirnony wf�erof, i hereunto set my hand and the se�l ot said Court at Carlisfe,PA Tiiis�ay of 20Q�-- t � '�o,� �Q,�, Cie af the Urphan Co _r' , � Cumberland County EXHIBIT A , . . . _ . . . . . � � � Section 1. Article I through XIII, inclusive, of the Revocable Trust Aqreement are hereby further amended and restated so that they will read in their entirety as follows: I. TRLSST PROPERTY � For good and valuable considerations, the Settlor hereby transfers and delivers to the Trustee the securities listed ix� the schedule attached hereto, to have and to hold the same and any , cash, securities ar other property which the Trustee may, pursuant to any af the provisions of the Revocable Trust Agreement, as � amended, at any time hereaftar ho].d or acquire, all of such property being hereafter referred �o collectively as the "Trust Estate," for the uses and purpases and upon the terms and conditions herein set forth. II. DISPOSITIVE PROVISIONS The Trustee shall hold, manage, invest, and reinvest the Trust Estate and shall co].lect the income thereof, and shall disposa of the net income and_principal as follows. (a) During the lifetime of the Settlor, the Trustee shall pay ta the Settlor al]. of the net income therefrom in monthly ox othex convenient installments. If at any ti�ne the Settlor shauld become incompetent or, for any other reason be unable to act in his own behalf, the Trustee may, in its absolute discretivn, pay to or apply for tY:e benefit of the Settlor, in additian to the income payments hereinabove provided for him, such amounts from the _2,. ' ; . ,y • , r , .. � { , , ' principal o� the Trust Estate, up ta the whole thereof, as the Trustee may, from time to time deem necessary or advisable for his use �nd benefa.t. (b) Upon the death of the Settlor, if he is suxvived �y his wife, Mary Jane Fredricksen, the Trustee shall divide, ma�ntain, and administer the Trust Estate, which shall include any property which may be added from Sett7.or's general estate, into two separate Trus�s, hereinafter referred to as "Trust A" and "Trust B, " the assets of each separate Trust to be ascertained as follows: TR�TST A Trust A shall �e equal to fifty (50°s) percent of the principal �f the Trust Estate, and any undistributed income thereon. The Trustee sha].1 have the power and the sole discretion t4 establish this Trust A wholly or partly with cash or with assets in kind; provided, haS�ever, tha� all assets used to establish this Trust A shall be va3ued at the value �.hereaf as finally determined for Federal Estate Tax purposes in the Settlor's estate; provided further, that the Trustee, in establishing Trust A shall di.stribute to it assets, including cash, having an aggregate fair marke� value at the date or dates of distribution amaunting ta no less than the amount of this TrL:st, based on values finally determined for �'ederal Estate Tax purposes; and provided further, tha� there shall not ba included in the assets used to establish Trust A, any asset -3- � � .. :.i . .- . yl , ... � . } � or the proceeds o�' any asset which does nat qualify for the marital deduction for Federal Estata Tax purposes. TRUST B Trust B shall be equal �in amount to the balancs of the Trus� Estate after deducting the portion of the Trust Estate allocated to Trus.t A. � (c) After setting aside the assets ta camprise Trust A as herea.nabove provided, the Trustee shall pay to Settlor's wife, Mary � Jane Fredricksen, in mbntYily ar other convenie�t installments, all of the net income from Trust A during her lifetiine. Until the exact amount of Trust A is known, the Trustee shall advance to Settlor' s wife, not less frequently than quarter- annually� amounts equal to the estimated income to be derived from Trust A, and the Trustee shall nat have any liability far the failure of Settlor's wife to return to Trust A any portion of such advances later determined ta be in excess of the actual income due her from Trust A. In addition to the income from Trust A, the Trustee shall pay to Settlor's wife such sums from the principal of Trust A as she may, from time to time request in writing, but not exceeding One Hundred Thousand ($100, 000. 00) Dollars annually, and this right shall not be cumulative. It is Settlor's intention tha� no -4- .., ♦' . . ' ' `-. I{ . �_ ' . ! - � _ � limitation be placed on his wife as to the reasons for such invasion of the principal of Trust A. If at any time Settlor's wife should become incompetent, or for any other reason be unabl.e to act in her own behalf, the Trustee may, in its absolute discretion, pay to or apply for her benefit, in additian ta the payments of income and principal o� Trust A hereinabave provided for her, such amaunts from the principal of Trust A, up to the whole thereof, as the Trustee may, from time to time deem necessary or advisable for her use and � benef it. Upon the death of Settlor's wife, the entire remainir�g' principal af Trust A, together with any undistributed income therefrom, shall be paid over, conveyed and distributed to or in trust for such appointee or appointees (including the estate of Sefitlor's wife) , in such manner . and in such propor�ions as Settlor's wife may appoznt in and by her Last Will and Testament, making specific xeference to the power of appointment _ herein conferred upon her. In dispasing of Trust A, the Trustee shall be protectsfl in relying upon an instrument admitted ta probate in any jurisdiction as the Last Will and Testament of the Settior's wife, or in acting upan the assumption that Settlor's wife died intestate in case the Trustee has no notice of the existence of a Will of Settlor's wife, within six (6} months after the death of Settlor' s wife. _g_ ' . E+' _ �L , �._ • . ' , In default of the exercise of such power of appointment by Settlor's wife, or insofar as any part of such Trust shall not be effectively appointed by her, then upc�n the death nf Settlor's wife, �he entire remaining principal af Trust A, together with a�y undistributed income therefrom, or the part of such Trust not effectively appointed, shall be distributed as follaws: I� S�ttlor's wife Yias not specifically exercised her power of appointment to pay any part of the estate, successian, death or similar taxes assessed with respect to the assets of Trust A, then � the Trustee shall pay to the executors or administratdrs of the estate af the Settlor's wife, far the purpose of paying such taxes, the amount by which such taxes assessefl by reason o� her death shall. be increased as a result of the inclusion of the assets of Trust A in her �estate far such tax purposes. The balance of the principal of Trust A or all of the principaJ. of Trust A if no amount is distributed under exercise o� the aforesaid power of appointment, together with any undistributed income therefrom, shall be added to and become a part o�' Trust B, and shall be held, administered or distributed, in whole or in part, as if it had been an originaZ part of Trust B. (d) After setting aside the assets to compr9.se Trust B as herei»above provided, a�.l of such assets shall then be divided into three (3) equal shares, one of which shall be held in a separate trust for Settlor' s son, CLEVE LAURANCE FREDRICKSEN; one o� which --6- 1 . , . ! Y � . - . ' • _ f � shall be held in a separate trust for Settlor's son, BRTAN HAROLD FREDRICKSEN; and one of which shall be held in a separate trust for Settlor' s son, THOMAS MARIi FREDRICKSEN, each of which separate trusts shall be administered as hereinafter set forth. The income from each such separa�e Trust shall be paid in monthly or other convenient installments to that son for whom the Trust is set aside until the assets of such Trust are finally � distributed as hereinafter provided. When each of such sons attains the aqe of tha.rty--five (35) years, one-third {1/3) of the principal of the share held in trust shall be distributed to him, absoZutely. When each of such sons attains the age of forty (40) years, one-half (1/2) of the remaininq principal of the share held in trust shall be distributed to him, absolu�.ely. When each of such sons attains the ac}e of forty-five (45) years, the entire remainder of the share held in trust, together with any undistributed income theLefrom, shall be distributed to such son, abso7�utely. If the date of the Set�lor's death does not occur until after a son shall attain the age of �5 years, the principal of and any undistributed incame then in that son's shara shall be distributed ta that son absolutely. Any principal and undistra.buted incame which shall thereafter be added to that son's share under the last paragraph Section II(c) of this Trust Agreement shall be promptly distributed to that son absolutely. _�_ � ' . .. _ . �.. , . � ' . If any such son should die before the date af final distribution of the last remaining portion of the principal of his share �o be held in Trust as aforesaid, such remaining princ�pal and any undistributed income therefrom sha11 be paid as follows: (1) If such son should leave both a spouse and issue surviving, one--half {1/2) of the remaining principal and any undistributed income therefrom shall be paid to that son�s spouse and the other one-half (1/2) thereof shall be paid to his sux-viving issue, per stirpes. (2) If such son should leave a spouse surviving but no issue surviving, then one--half (1/2) of the remaininq principal and any undistributed income therefrom shall be paid to that son's spouse, absolutely, and tha other one--half (1/2) thereof shall be paid to Settlor's grandchildren, �hen living, in eq�al shares. (3) If such son should leave no spouse surviving but leave issue surViving, then the entire remaining przncipal and any undzstributed income thereProm shall be paid to �h�t son �s .. . . . . _ . _ surviving issue, per stirpes. (4) Sf such son should leave neither a spouse nor issue surviving, then the entire remaining principal and any undistributed income therefrom shall be paid to Settlor's grandchi7.dren, then living, in equal shares, If any issue of any ane of Settlar's sons or any issue of Settlor taking undex� this Subsection (d) a.s a grandchild of Settlor -8- � ' ' . _ . -- . ., ;r,_'. ! � ' • ' who is living at the time of Settlor's death, the share of such grandchiZd shalZ be helcl in a separate �rust for such grandchild, the income from wliich sha1Z be paid in monthly or other conveniant installments to that grandchild until the asse�s of such separate trust are finally distributed as hereinafter provided. When any such grandchild attains the aqe of twenty-one (21) years, one-th�rd (1/3) of the principal of his or her share held in Trust shall be distribu�.ed to hi.m or her, absolutely. When any such grandchild attains the age of �wenty-five (25) years, one-half (1/2) of the � remaining principal of his or her share held in Trust shall be distra.buted to him or her, absolutely. When any such grandchild attains the age thirty (30) years, the entire remazning share of the Trust shall be distribu�ed to him or her, absolu�ely. In addition to the payment of income hereinabove provided � foz in the case of each of Settlor�s sons and zn the case of certain of Settlor's grandchildren, the Trustee shall have authority, in its absolute discretian, to pay to or apply for the benefit of any such son or grandchild, �'ram time to time, such sum or sums from the principal of that son' s oz grandch�.ld's share he3.d in Trust as it may deem necessary or advisable to provide f or medical care, education, comfor�able maintenance or welfare for him or her or for his or her family, or to improve his or her station in l,�fe. -9- t ' � .. - • ~'_. . ,. - ' • . r - ' {e) If Settlor's wife should predecease him, the Trustee shall hald and administer the entire Trust Estate as Trust B, in accordance w�th the provisions of the foregoing Subsection {d) . (f) Notwithstanding anything herein contained to the cantrary, whenever�, pursuant to the provisions of this Trust Agreement, all or any part of the principal of any Trust hereunder shall vest in abs�olute ownership a.n a person who was not yet born at the time of Settlor's death and who is a minQr, the Trustee is authorized and empowered, in its absolute discretion, to hold the - property so veste� in such minor, or any part thereof, in a separate fund far the benefit of such minor, natwithstanding that such property may consist of investments not authorized by law for trust funds, and during the minority of such m.znor �o accumulate the net income and, in its absolute discretion, to pay �o or apply for the bene�it of such minor, from time �o time, such sums from the principal and such income as, in its absolute discretion, it may deem necessary or advisabl.e to provide �or the med5.ca1 care, comfortable maintenance, education and wel�are of such minor, irrespective of the other resources af such minor or his or her parents. When such minor shall attain the age of eighteen (18) years, the Trustee shall pay the principal, together with all accumulated income, to such minor and, i£ such minor shall die bef�re attaining such aqe, the principal and all accu.mulated incoma shall be paid over to the estate of such minar. The authority -10- , .' - .. . . �' _ .. ., � . �. ' r . • conferred upon �he Trustee by this paragraph shall be construed as a power only, and sha11 nat opera�e to suspend the absolute ownership of such property by such minor or to prevent the absalute vesting ther�of in such minor. with respect to the administration of any such property which shall vest in absolute ownership in a minar, and whi.ch shall be held by the Trustee as authorized in this paragrapYi, the Trustee shall have all the powers vested in it under . the provisions of Paragraph IV hereof. III. TRUSTEE�S POWERS DURING SETTLOR' 3 LIFETIME In the adminis�ra�ion of the Trust Estate, the Trustee shall be subject ta the following limitations during the lifetime of the Settlor: � (a) The Trus�ee shaZl retai.n as an inves�ment, unless and until the SettZor by a writinq delivered to the Trustee sha7.l otherwise direct, all oP the securities and ather property originally assigned, transferred, or de].ivered ta the Trustee hereunder ar at any -time forming a part of the Trust Estate, whether or not such securities �r other property be of the character authorized by the laws of the Commonwealth of Pennsylvania for the investment of tx�st funds. (b) The Tzustee shall purchase, sell, lease, or alter any investment held under this Trust Agreement, only in accordance with written directions received by it from the Settlor, whether or _1Z_ ' '� � .. • .. -- , , � , � . '" iV • ' not the investment sha11 be of the charactar authorized by the laws of the Commonwealth of Pennsylvania for investment of. trust funds. Withaut intending in any way to limit the powers conferred upon zhe Trustee by this Article, the Trustee is specifically authorized and empowered to retair► as investments of the Trust Estate, or, upon receiv�.ng a direction in writing from the Settlor so to do, to invest the whole er any part of the Trust Estate in common or preferred stocks, or both, of any one or more corporations, or in any non=income producing securities or other property, or in any � so-called wasting investments. Provided •only that it sha31 have attempted in good faith to comply with the written directions. received by it from the Sett].or, the Trustee shall not be responsib2e or l�.able in any way far any action �aken with respect to any investment af the Trust Estate, or for any loss ar depreciation resulting from the purchase, retentiQn, sale, exchange, lease, or alteratzon of any investment, or frbm any want of diversification of the investments _ ,. . . .. . . . .. _ . . _. . _ .. .. _ _ of the Trust Estate, and shall have no duty to advise anyone with respect to the desirability of any such action. The Trustee shall be entitied to assume that the Settlor is s�ill 3.iving until it shall have received notice in writing of the Settlor's death. � (c) I�, at any time durzng the Settlor's lifetime, the Settlar shall deliver to the Trus�ee a notice in writing signed by the Settlor s�ating in substance that the Settior relinquishes -�.z- . . , , _ � .. . , � � _ • 3.imitatior�s imposed upon the Trustee by him in the foregoing Subsections (a) and (b} , or, if at any time during the Settlor's lifetime Settlor shauld be declared incampetent for any reasan, then the aforesaid powers reserved to the Settlor will cease and terminate and, from and after the dalivery of such notice or from and after such declaration of such incompetency, the Trustee shall have those powers with respec� to the Trust Estate given to it under Article IV hereaf. IV. TROSTEE'8 POWERS A�`TER SETTLOR�S DEATH In the administration of the Trust Estate and any Trust provided for hereunder, the Trustee shall have the following powers durinq the lifetime of the Settlor to the exte�t not inconsiatent with the provisions of Article III hereof, and shall hava the following powers without restriction, either after the deiivery af the notice referred to in Subsection (d) of Article III hereaf, or after the declaration of incompetency referzed �o in that Subsection ar after the death of the Settlor: � (a) Ta retain, whe�her oriqinally a part of the Trust Estate or subsequently acquired, and to purchase or otherwise acquire and to re�ain, any property, whether ar not such property is authorized by law for investment by fiduciaries, or a.s unsecured, unproductive, oz of a wasting nature, all without diversification as to kind and amount; provided, however, that, if -13- . . .. '. r. � • - � the stock of AMP Incorporated incZuded among the assets of any Trust at the time of 5ettlor's death or at any time thereafter, should comprise more than fifty (50%) percent of the then market value of the entire corpus of that Trust, the Trustee shall dispose of ten (l00) percent of the total market value of such stock as of the end of the previous year g'radually during the year, as the Trustee, may deem advisable under the circumstances then exi.sting. (b) To transfer, sell, exchanqe, partition, lease, mortgage, pledge, give options upon, or otherwise dispose of any . property at any time held by it, at public or private sale or otherwise, for cash or other consideration or on credit, and upon such terms and conditions, with or without security, and for such price, as it may deterinine. (c) To hold any par� of the assets of any Trust in cash ar uninvested for any period deemed advisable. (d) To extend, modify, ar waive the terms of any bond and mortgage at any time forming part of any Trust; to foreclose any such mortgage or take title to the property securing it by deed in lieu of foreclosure or o�herwise; to protect or redeem any such property from forfeiture for non-payment of taxes or other liens; and generally to exercise as to such bond and mortgage or such praperty all powers that an absolute owner might exercise. (e) To exercise any option, right or privilege ta cvnvert bonds, notes, stocks, or other securities, or t� subscribe --14- ,. ' � ,; ^ • - .. .. � , '� . o � • . :.�� Por additional or ather bonds, notes, stocks, or other securities; ta make such conversions or subscriptions; to make payments therefar, and to �advance or borrow money for the purpose of exercising any such option, right or privilege; and to hold as investments such bonds, notes, stocks, and other securities so acquired, natwithstanding that they are not of a . character authorized for investments by law or by other provisions of this Trust Agreement. (f) To vote any corporate stock held by it through its designees, or by proxy, with or without power of substitution, and to execute authority or proxies to one or more designees or norninees. (g) To borrow money from the Trustee's banking department ar from any other lender for any Trust purpose and to pledge all or part of any Trust to secure such b4rrowing, withaut incurring any personal liab9.lity therefor. (h) To pay, extend, renew, modify, or compromise, upon such terms as �t may determine, and upon such evidence as it may deem sufficient, any obligation or claim, including taxes, either in favar of or against any Trust. (i) To hold or register any securities or other property of any Trust in the names of a nominee or in such form as to pass by delivery, with or without indicating the fiduciary character of such ,securities or other property. -15- , ° ... • --- . " .. .-_ �• �. r ' . - (j} Ta Yiold any separate parts or shares of any Trust wholly or partly. in undivided farm far convenience of investment and administration. (k) To divide and distribute any Trust in kind or in money, or partly in each, or by way of undivided interests, and �or such purposes to value any property to be thus divided or distributed at fair mairket values at the date or clates of distribution.. V. ADDITIUNAL �ROPERTY Tha Settlor reserves the right for himself, or,any other person, to increase the Trust Estate by transferring or delivering assets to the Trustee, vr by having the proceeds of insurance policies made payable to the Trustee, or by bequest or devise by Will. The Settloz will notify the Tr�stee in writing of any policies so made payable to it, or deli.ver such policies to the T�ustee as custadian thereof. The duties and liabi.lities of the Trustee hereunder sha13. under no circumstances be substantially increased, except with its written consent. VI. MERGER OR CONSOLTDATI4N AFFECTING TRBSTEE If the Trus�ee shall tnerge with or be consolidated with another corporatian, said other corporation shal� succeed to all the duties and aJ.l the powers, including discretionazy powers herein granted to sach Trustee. -16- > � . .. � • -. !. ,, �• r , • , j ' . VII. PRESDMPTION OF SURVIVAL If the Settlor and his wife sha11 die simultaneously or under circumstances which would make it difficult to determine which of them died first, it is directed that Settlor's wife shall be deemed ta have survived him, for the purposes of this Revocable Trust Agreemerit and the Trus�s herein provided for. It is fur.ther darected that the provisions af this Revocable Trust Agreement shall be construed upon that assumption, irrespective of ar�y provisions of law establishing a contrary presumption. VIII. ACCOUNTING BY TRUSTEE The Trustee shall keep all, the accounts and records of f.he Trusts created hereunder and semi-annualiy, a� oftener, sha3.1 render to the Sett?or during his l.ifetime statements showing all receipts, disbursements,. and investment transactions. After the death of the Settlor, the Trustee shall render, at least annually, to each adult beneficiary then entitled to income under the terms of any Trust created hereunder, a statemen� shawing in detail receipts, disbursemants, and distributions of both pr�.s�cipal and income of the Trust involved. IX. COMPENSATION OF TRUSTEE The compensation of the Trustee for services performed hereunder shall be as agreed upon from time �o time by the Settlor -17- � � _ • • .-_ .ti ,_ ". , • . • . . and the Trustee and set forth in a written Fee Agreement which i shall be attached hereto. %. SPENDTHRIFT CLAUSL , No interest of any beneficiary under any Trust created hereunder, either in i.ncome or in principal, shall be subj ect to pledge, assiqnment, sale, or �ransfer in any manner, nor shall any beneficiary have the power i.n any manner to anta.cipate, charge, or encumber his interest, either in income or principal, nor shal]. such interest of any beneficiary be liable or subject in any manner for the debts, contracts, liabiiities, enqageme�ts, or torts of such beneficiary. XI. TA% PROVISTON The Trust Estate sha11 not be charged with the payment of any Federal Estate Taxes, or any Inheritance Taxes, upon the Settlor's death, except to the extent that the assets in the Settlor's testamentary estate shall be insufficient to discharge such taxes. The Trustee may re].ay canclusively upan written advice from the Executors or Executor of the Settl.or's testamentary estate, or upon any other evidence, as to the existence of such insufficiency and the amount thereof. If the Trustee sha�l be required to pay any such taxes, they shall be charged. against the coxpus of Trust B. -18- ' . � . ,t .. ', t- . z ; • , xiz. szTUs This Revocab2e Trust Agr�ement shall be construed in all respects according to the laws of the Commonwealth of Pennsylvana.a. XII2. AMENDMENT AND REVOCATION The Settlor reserves the right at any ti.me, and from time to time, by instrument in writing, signed and delivered to the Trustee, during his lifetime, to modify, amend ar revoke, in whole or in part, this Revocable Trust Agreement or any of the Tzusts hereby created. To the extent thus revoked, the Trustee shall deliver the principal ot the Trust or Trusts involved to the Settior upon receivinq a pxoper receipt, and shall execute and deliver any instruments required to release all interests o� the Trustee in such property. No modification shall diminish the compensation of the Trustee or increase its obligation without its consent in writing. . Section 2 . The aforementioned Revocable Trust Agxeement entered a.nto December 19, 1974 , and the First Amendment thereto entered i.nto November 1, 1982, and the attachments thereto shall continue in �ul}. force and effect, as amended in Sec�ion 1 hereof. -19- � � � " :. � • r- .. r. . ; ; . ' IN AITNE5S WFiEREOF, the Settlor has set his hand and seal , and the Trustee, in acceptance of this "Second Amendment to Revocable Trust Agreement," has caused these presents to be executed and attested by its praper afficers and its corporate seal affixed, the date and year first above written. WITN SES: C. J, FREDRICKSEN, Settlor . (CLEVE J. FREDRICKSEN) �' �d �� ATTEST: DAUPHIN DEPOSIT BANK AND TRUST COMPANY �O..n-�.� �. ka� � By: Q.�a.n7�. Se retary � v fJ r Trustee (C:9rporate Seal) -20- � • •U C � ' � � � • � SCHEDIILE 87,500 Shares of AMP, Incorporated Common Stock in Revocable Trvst at Dauphin Deposit Bank and Trust Company 12, 600 Shares of Dauphin Deposit Bank and Trust Company Common Stock 'in Revacable Trust at Dauphin Deposit Bank and Trust Company 30, 000 Shares of Harsco Carporation Common St�ck in Revocable Trust at Dauphin beposit Bank and Trust CQmpany �� aM � � N Z O f 0 4 a o 0 0 �n r �o ao M o �n o .� � � a'J . . . . . �W O O O N M '- O N N O rn O � N U- Y ��' �J �O 00 �� NN O�aO �'O N� �D� �.� O�D �a� U�m O�� ON OD�'- CO N o0 r �'tf� �D r (V t!l �fl N � a0 CV .�'� u1�D j m �Z� N�D u1'- Mh �� h M� Nf� aPaO o� ��0 O�N � l � I� �O� m� N�D I� �co I�o. N N (V N �O P .3 '! 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