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HomeMy WebLinkAbout03-21-14 .0 M -fir- M N rq rn DECEDENT'S ESTATE "} n C-> c- -n _"' . M Co COURT OF COMMON PLEAS OF C CUMBERLAND COUNTY,PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF KATHRYN J HORST aka KATHRYb, DECEASED W. HORST AIWA KATHRYN J WIEAND HORST No. 21-12-0959 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 the Account of a Decedent's Estate. If space is insufficient, riders may be attached. Attach the spouse's election, f any; the papers required under items 8-19 inclusive; and any instrument pertinent to the adjudication. INCLUDE ATTACHMENTS AT THE BACK OF THIS FORM. Name of Counsel: DAVID .H STONE, ESQUIRE Supreme Court I.D.No.. 39785 Name of Law Firm: STONE LAFAVER& SHEKLETSKI Address: 414 BRIDGE STREET,NEW CUMBERLAND, PA 17070 Telephone: 717-774-7435 Fax: 717-774-3869 Form OC-01 rev.10.!3.06 Page I of 10 Estate of KATHRYN J HORST aka KATHRYN W HORST aka KATHRYN J , Deceased WIEAND HORST L Name(s) and address(es) of Petitioner(s): Name: LYNN R.HORST,EXEC Address: 52 SHE.LLBARK COURT CARLISLE,PA 17015 Identify any executors or administrators who have not joined in the Petition for Adjudication and Statement of Proposed Distribution and state reason: Is this the first accounting by this fiduciary? . . . . . . . . . . . . . . . . . . . . . 7 Yes l No If not, identify prior accountings, the accounting periods covered, and the date of adjudication of the prior accounting. 2. Decedent died on August 26, 2012 Q Letters Testamentary or E]Letters of Administration were granted to Petitioner(s) on Sebtember 5. 2012 Date of Will (f applicable): June 14, 2004 Date(s) of Codicil(s) (if applicable): N/A Date of probate (if different from date Letters granted): Was a bond required?[]Yes [✓ No If yes, state amount: Are proofs of advertising of the grant of Letters attached? . . . . . . . . . RZI Yes 0 No Dates of advertising of the grant of Letters: Cumberland Law Journal-Sept 28, Oct 5 and 12, 2012 The Sentinel-Sept 14, 21, & 28, 2012 Form oC-01 rev. 10.13.06 Page 2 of 10 Estate of KATHRYN J HORST aka KATHRYN W HORST aka KATHRYN J , Deceased WiEAND HORST 3. Was decedent survived by a spouse? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E]Yes _/ No If yes, name of the surviving spouse: i 4. Has the surviving spouse filed to take an elective share? . . . . . . . . . . . . . E]Yes ✓j No (See Section 2201 et sue. of the Probate, Estates and Fiduciaries Code) If yes, date of election: 5. In the case of an intestacy, state the names of the decedent's surviving children or surviving issue of deceased children (f none, so state): N/A 6. Did decedent marry after execution of Will or Codicil(s)? . . . . . . . . . . . El Yes F/211 No Were any children born to decedent after execution of Will or Codicil(s)? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes ©✓ No If yes, give names and dates of birth: Name: Date of Birth: i 7. If required by the Medical Assistance Estate Recovery Act, 62 P.S. § 1412, was a request for a statement of claim sent to the Department of Public Welfare? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 'J'Yes E] No Form oC-01 rev. 10.13.06 Page 3 of 10 Estate of KATHRYN J HORST aka KATHRYN W HORST aka KATHRYN J , Deceased WIEAND HORST 8. 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 9 below, all unpaid creditors and all claimants listed in item 10 below. In addition, notice of any questions requiring Adjudication as discussed in item 14 below 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 a Petitioner or counsel certifying that such notice has been given. C. If any person entitled to Notice 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. 9. List all parties (charitable and non-charitable) of whom Petitioner(s) has/have notice or knowledge, having or claiming any interest in the estate as beneficiaries under the Will or Codicil(s) or as intestate heirs if there is a complete or partial intestacy: A. State each party's relationship to the decedent and the nature of each party's interest(s): Name and Address of Each Party in Interest I Relationship and Comments.if any I Interest See attached list Fora,oC-01 rev. 10.13.06 Page 4 of 10 Estate of KATHRYN J HORST aka KATHRYN W HORST aka KATHRYN J , Deceased WIEAND HORST Name and Address of Each Party in Interest I Relationship and Comments,irony I Interest 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. N/A C. 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 D. 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. N/A Form oC-01 rev. 10.13.06 Page 5 of 10 Estate of KATHRYN J HORST aka KATHRYN W HORST aka KATHRYN J , Deceased WIEAND HORST 10. Other than the claim for the family exemption, list the names of all known claimants and the amount of their claims and state whether each claim is admitted. Name and Address of Each Claimant Amount of Claim Claim Will Claim Admitted? Be Paid In Full? N/A M7 Yes []Yes ONo 0 No []Yes0 Yes []No []No ©Yes D Yes ONo Ej No MYes 0 Yes f No E]No If the estate is insolvent, attach a schedule setting forth the order of preference under 20 Pa.C.S. § 3392 and the proposed payments. 11. Was family exemption claimed? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DYes W!No Was family exemption allowed? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E]Yes MNo Family exemption claimant's name and relationship: Name: Relationship: Form OC-01 rev. 10.13.06 Page 6 of 10 Estate of KATHRYN J HORST aka KATHRYN W HORST aka KATHRYN J , Deceased WIEAND .HORST 12. The amount of Pennsylvania Transfer Inheritance Tax and additional Pennsylvania Estate Tax paid,the date(s) of payment(s),and the interest(s)upon which paid, are as follows: Date Payment Interest I 11-16-12 9,500.00 -5=16-13 321.62 . .. G 1 13. On the date of death, was the decedent a fiduciary (personal representative, trustee, guardian, agent under power of attorney) or surety on the bond of a fiduciary? . . . . . . . . . . . . . . . . . . . 0 Yes ✓No , . I If yes, provide the name of the estate, indicate whether an account has been filed and confirmed absolutely and all awards performed, or, in the alternative, how the decedent's estate will be discharged for the decedent's fiduciary administration of the estate. i t 14. A. Describe in detail any questions requiring-adjudication and state the position of the Petitioner(s),as to each question: B. Has notice of the question requiring adjudication been given to the parties identified in Paragraph 9 above? . . . . . . . . . . . . . . . . . . M Yes ✓ No 15. If Petitioner(s) has/have knowledge that a share has been assigned, renounced, disclaimed or attached, provide a copy of the assignment, renunciation, disclaimer or attachment, together with any relevant supporting documentation. Form OC-01 rev. 10.13.06 Page 7 of 10 Estate of KATHRYN J HORST aka KATHRYN W HORST aka KATHRYN J , Deceased WIEAND HORST Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that helshe is title 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). # ryd- 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 P iti n authorized by the Supreme Court, and that no changes to the form have been mad yo d the responses herein. Signatu e of Cou self etitio`` U Form oC-01 rev. 10.13.06 Page 10 of 10 A-Ltackm t -for ADDRESSES CHILDREN _ 9 GRANDCHILDREN GREAT-GRANDCHILDREN v ° Lynn R. Horst 52 Shellbark Court Carlisle, PA 17015 Sara Schweitz 1095 Newbold Lane Mechanicsburg, PA 17050 Joseph Schweitz (in utero at time of death) 1095 Newbold Lane Mechanicsburg, PA 17050 Jamie Riley 903 Hackle Drive Hampstead, MD 21074 Grace Riley 903 Hackle Drive Hampstead, MD 21074 Cori A. Gardner (step-grandchild) 1,�j 52 Shellbark Court Carlisle, PA 17015 Colin D. Gardner (step-grandchild) t',5 52 Shellbark Court Carlisle, PA 17015 Conner D. Jumper (step-great grandchild) 52 Shellbark Court Carlisle, PA 17015 Byron W. Horst 290573 rd Street East Bradenton, FL 34208 Michelle Dawn Horst 2905 73" Street East Bradenton, FL 34208 Jeremy Paul Horst 290573 rd Street East Bradenton, FL 34208 Tyler James Nuttle 290573 rd Street East Bradenton, FL 34208 Alexis Grace Horst 290573 rd Street East Bradenton, FL 34208 Alicia Faith Deglopper 3003 123rd Court East Parrish, FL 34219 Chloe Faith Deglopper 3003 123rd Court East Parrish, FL 34219 Ethan C. Horst 790 Cartref Road Etters, PA 17319 Amos Ethan Horst 345 Weatherstone Drive New Cumberland, PA 17070 Joshua Allen Horst 790 Cartref Road Etters, PA 17319 Eric A. Horst 1 Castlehall Court Columbia, SC 29209 Benjamin Allen Horst 1 Castlehall Court Columbia, SC 29209 William F. Horst 1 Castlehall Court Columbia, SC 29209 FRIEND Julia Shull 4/OOa.(YD 2350 Old Trail Road Etters, PA 17319 SISTERS Phyllis W. Probst 6-0 2425 Garrison Avenue Harrisburg, PA 17110 Isabel Joan Koch f l oo.a 4118 Oakwood Circle Schnecksville, PA 18078 DAUGHTER-IN-LAW Patricia Ann Elliott-Horst VSoo.aZ 18239 Amberson Road Spring Run, PA 17262 CHURCHES l�a Jekyll Island United Methodist Church 503 Riverview Drive Jekyll Island, GA 31527 CHARITIES New Cumberland Public LibraryS4o• 1 Benjamin Plaza New Cumberland, PA 17070 Penn-Cumberland Garden Club �SO1) 6� of the Garden Club Federation of Pennsylvania P.O. Box 304 Camp Hill, PA 17001 g Mennonite Central Committee ' 57 21 South 12`h Street Akron, PA 17501 Lutheran World Action, now known as, Evangelical Lutheran Church in America 8765 West Higgins Road Chicago, IL 60631-4101 Biblica (formerly International Bible Society) s 1820 Jet Stream Drive Colorado Springs, CO 80921 Map International S �0 4700 Glynco Parkway Brunswick, GA 31525 Lutheran Camping Corporation S �o P.O. Box 459 Arendtsville, PA 17303 Muhlenberg College S Attn: Robert Merritt, Planned Giving Officer 2400 Chew Street Allentown, PA 18104 Lutheran Theological Seminary at Gettysburg .S 61 Seminary Ridge Gettysburg, PA 17325 CHARITIES (CHOSEN BY SONS) Lynn R. Horst- Daybreak Church 321 Gettysburg Pike Mechanicsburg, PA 17055 Byron W. Horst- New Life Baptist Church 530 Big Spring Road New Cumberland, PA 17070 Ethan C. Horst - Mount Zion Lutheran Church (for local church use only) 863 Lewisberry Road Lewisberry, PA 17339 Eric A. Horst- St. Johns Episcopal Church 2827 Wheat Street Columbia, SC 29205 Attachment to Petition for Adjudication For Kathryn J Horst aka Kathryn W Horst aka Kathryn J Wieand Horst Page 9 B Principal Only Lynn R Horst 16% Byron W. Horst 160 Ethan C. Horst 16% Eric A. Horst 16% Sara Schweitz 1/9 of 22 . 5% Jamie Riley 1/9 of 22 . 5% Michelle Dawn Horst 1/9 of 22 . 5% Jeremy Paul Horst 1/9 of 22 . 5% Alicia Faith Deglopper 1/9 of 22 . 5% Amos Ethan Horst 1/9 of 22 . 5% Joshua Allen Horst 1/9 of 22 . 5% Benjamin Allen Horst 1/9 of 22 . 5% William F. Horst 1/9 of 22 . 5% Daybreak Church 1% New Life Baptist Church 1% Mount Zion Luth Church 1% St Johns Episc Church 1% Cory A. Gardner 1 . 5% Colin D. Gardner 1 . 5% Joseph Schweitz 1/6 of 2% Page 9 B Principal Cont Grace Riley 1/6 of 2% Conner D. Jumper 1/6 of 2% Tyler James Nuttle 1/6 of 2% Alexis Grace Horst 1/6 of 2% Chloe Faith Deglopper 1/6 of 20 Jekyll Island Meth Church 1% Mennonite Central Committee . 5% Evangelical Lutheran Church in America (formerly Lutheran World Action) . 506 Biblica (formerly Int . Bible Society) . 50-0 Map International (formerly Map International of Brunswick, GA . 506 Lutheran Camping Corp . 5% Muhlenberg College 5% Lutheran Theological Seminary of Gettysburg, PA . 5% Proposed Distribution for the Estate of Kathryn J Horst aka Kathryn W Horst aka Kathryn J Wieand Horst Distribution of Estate $517, 969 . 63 Lynn R Horst 160 Total distribution $82, 875 . 14 Cash Dist . made 20, 000 . 00 Total Distribution $62, 875 . 14 Byron W. Horst 1601 Total distribution $82 , 875 . 14 Cash Dist . made 23 , 000 . 00 Total Distribution $59, 875 . 14 Ethan C. Horst 1601 Total distribution $82 , 875 . 14 Cash Dist . made 20 , 000 . 00 Total Distribution $62, 875. 14 Eric A. Horst 160 Total distribution $82, 875 . 14 Cash Dist . made 20 , 000 . 00 Total Distribution $62, 875 . 14 Sara Schweitz 1/9 of 22 . 50 $12, 949 .24 Jamie Riley 1/9 of 22 . 50 $12, 949 .24 Michelle Dawn Horst 1/9 of 22 . 5% $12, 949 . 24 Jeremy Paul Horst 1/9 of 22 . 5% $12, 949 .24* Alicia Faith Deglopper 1/9 of 22 . 5% $12, 949 . 24 Distribution of Estate Con' t Amos Ethan Horst 1/9 of 22 . 501 $12, 949 .24 Joshua Allen Horst 1/9 of 22 . 50-8 $12, 949. 24 Benjamin Allen Horst 1/9 of 22 . 50 $12 , 949 .24* William F. Horst 1/9 of 22 . 50 $12, 949 .24* Daybreak Church 1% $ 5, 179 .70 New Life Baptist Church 1% $ 5, 179 .70 Mount Zion Luth Church 1% $ 5, 179 .70 St Johns Episc Church 1% $ 5, 179 .70 Cory A. Gardner 1 . 5% $ 7 , 769 . 54* Colin D. Gardner 1 . 5% $ 7 , 769 . 54* Grace Riley 1/6 of 2% $ 1, 726. 56* Joseph Schweitz 1/6 of 2% $ 1, 726 . 56* Conner D. Jumper 1/6 of 2% $ 1, 726 . 56* Tyler James Nuttle 1/6 of 2% $ 1, 726 . 57* Alexis Grace Horst 1/6 of 2% $ 1, 726 . 57* Chloe Faith Deglopper 1/6 of 2% $ 1, 726 . 57* Jekyll Island Meth Church 1% $ 5, 179 .70 Mennonite Central Committee . 5% $ 2, 589 . 85 Evangelical Lutheran Church in America (formerly Lutheran World Action) . 5% $ 2, 589 . 85 Biblica (formerly Int . Bible Society) . 506 $ 2, 589 . 85 Map International (formerly Map Int . of Brunswick, GA . 506 $ 2, 589 . 85 r Distribution of Estate Con' t Lutheran Camping Corp . 501 $ 2, 589 . 85 Muhlenberg College . 50 $ 2, 589 . 85 Lutheran Theological Seminary of Gettysburg, PA . 50 $ 2, 589 . 84 Total Distribution $517, 969 . 63 Balance in account $ . 00 *Pursuant to Article Nine, Section 2 . e and 2 . i and Article Ten, Section 3 , distributions to Grandchildren and Great Grandchildren shall be held in further trust with one half to be distributed at age 21 and one half at age 31 . Distributions are to be made to the parent of such Grandchild or Great Grandchild as such Trustees pursuant to Article Eleven, Section 6 and Section 7 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PA. ORPHANS'COURT DIVISION FILE NO.21-12-0959 FIRST AND FINAL ACCOUNT OF LYNN R HORST Executor For ESTATE OF KATHRYN J HORST,Deceased AKA KATHRYN W HORST AKA KATHRYN J WIEAND HORST OF THE BOROUGH OF MECHANICSBURG,CUMBERLAND COUNTY,PA Date of Death: August 26,2012 Date of Executor's Appointment September 05,2012 Date of First Complete Advertising: September 14,2012 Accounting for the Period: August 26,2012. to February 27,2014 Purpose of Account:The Executor 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: DAVID H STONE,ESQUIRE 414 BRIDGE STREET NEW CUMBERLAND,PA 17070- (717)774-7435 Supreme Court I.D.No.39785 tv n M c7 0 M n c •-1 tv M C, =D -,1 -n w, r` M -x U' C> ca 1 SUMMARY OF ACCOUNT PAGES PRINCIPAL Receipts 3-4 $606,939.19 Adjustments to Carrying Values 0.00 Net Gain(or Loss)on Sales or Other Dispositions -120.43 606,818.76 Less Disbursements Administration Cost 7 20.00 Federal and State Taxes 7 11,191.62 Fees&Commissions 7 29,080.00 Funeral Expenses 7 13,063.94 Investment Expense 7 2,625.59 Miscellaneous Expenses 8 3,656.66 Selling Costs 8 20,240.70 -$79,878.51 Balance before Distributions 526,940.25 Distribution to Beneficiaries 9-15 520,769.63 Principal Balance on Hand 16 6,170.62 For Information: Investments Made Changes in Holdings INCOME Receipts 17-19 8,201.96 Net Gain or Loss 20-23 (22.51) Less Disbursements 24 -14,350.07 Balance Before Distributions (6,170.62) Distributions to Beneficiaries 0.00 Income Balance on Hand (6,170.62) COMBINED BALANCE ON HAND .00 Verification 25 PRINCIPAL RECEIPTS Assets Listed in Inventory (Valued as of Date of Death) Cash and Cash Equivalents Asbury Comm.-overpayment of Bethany Village $513.00 stay Omnicare-refund 789.78 Unclaimed property received 10.35 $1,313.13 Notes&Other Receivables Judgment Note to Byron Horst dtd 7-11-04& 17,000.00 5-1-12 Judgment Note to Jamie Riley dtd 9-20-06 6,000.00 Judgmt Note to Sara Schweitz dtd 8-25-04& 8,730.00 31,730.00 1-18-05 TOTAL INVENTORY $33,043.13 3 RECEIPTS OF PRINCIPAL (Continued) FORWARD $33,043.13 SUBSEQUENT RECEIPTS 08/26/2012 Property located on Jekyll Island Georgia $325,000.00 08/26/2012 SEI lnvestmts-Kathryn J Horst Liv Trust-Cash $3,320.34 08/26/2012 SEI Investments-Kathryn J Horst IRA-High Yield $1,135.74 08/26/2012 SEI lnvestmts-Kathryn J Horst Liv Trust-Core Fixed $144,855.72 08/26/2012 SEI Investmts-Kathryn J Horst Liv Trust-Emerging $22,537.13 08/26/2012 SEI I nvestmts-Kathryn J Horst Liv Trust-Intl Fixed $34,014.17 08/26/2012 SEI Investments-Kathryn J Horst IRA-Cash $107.48 08/26/2012 SEI Investments-Kathryn J Horst IRA-Core Fixed $7,010.27 08/26/2012 SEI Investments-Kathryn J Horst IRA-Emerging Mkts $1,089.25 08/26/2012 PNC Bank-Checking Acct#5140030271 $7,884.14 08/26/2012 SEI Investments-Kathryn J Horst IRA-Intl Fixed $1,646.19 08/26/2012 SEI Investmts-Kathryn J Horst Liv Trust-High Yield $22,671.63 05/16/2013 United States Treasury-2012 1040 income tax refund $2,624.00 573,896.06 4 PRINCIPAL GAINS OR LOSSES ON SALES OR OTHER DISPOSITIONS GAIN LOSS 08/29/2012 608.5300 Shares SEI Investments-Kathryn J Horst IRA-Core Fixed Net Proceeds $7,022.44 Fiduciary Acquisition Value 7,010.27 12.17 08/29/2012 92.1530 Shares SEI Investments-Kathryn J Horst IRA-Emerging Mkts Net Proceeds 1,087.41 Fiduciary Acquisition Value 1,089.25 1.84 08/29/2012 151.2300 Shares SEI Investments-Kathryn J Horst IRA-High Yield Net Proceeds 1,135.74 Fiduciary Acquisition Value 1,135.74 08/29/2012 153.1340 Shares SEI Investments-Kathryn J Horst IRA-Intl Fixed Net Proceeds 1,647.72 Fiduciary Acquisition Value 1,646.19 1.53 08/29/2012 665.5110 Shares SEI Investmts-Kathryn J Horst Liv Trust-Core Fixed Net Proceeds 7,680.00 Fiduciary Acquisition Value 7,666.69 13.31 08/29/2012 159.7870 Shares SEI Investmts-Kathryn J Horst Liv Trust-High Yield Net Proceeds 1,200.00 Fiduciary Acquisition Value 1,200.00 0.00 08/29/2012 101.6950 Shares SEI Investmts-Kathryn J Horst Liv Trust-Emerging Net Proceeds 1,200.00 Fiduciary Acquisition Value 1,202.03 2.03 08/29/2012 167.2860 Shares SEI Investmts-Kathryn J Horst Liv Trust-Intl Fixed Net Proceeds 1,800.00 Fiduciary Acquisition Value 1,798.32 1.68 5 PRINCIPAL GAINS OR LOSSES ON SALES OR OTHER DISPOSITIONS (Continued) GAIN LOSS 02/20/2013 11,908.7700 Shares SEI Investmts-Kathryn J Horst Liv Trust-Core Fixed Net Proceeds 137,665.38 Fiduciary Acquisition Value 137,189.03 476.35 02/20/2013 2,996.8230 Shares SEI Investmts-Kathryn J Horst Liv Trust-Intl Fixed Net Proceeds 31,226.90 Fiduciary Acquisition Value 32,215.85 988.95 02/20/2013 2,859.0720 Shares SEI Investmts-Kathryn J Horst Liv Trust-High Yield Net Proceeds 22,272.18 Fiduciary Acquisition Value 21,471.63 800.55 02/20/2013 1,805.0000 Shares SEI Investmts-Kathryn J Horst Liv Trust-Emerging Net Proceeds 20,901.90 Fiduciary Acquisition Value 21,335.10 433.20 TOTALS $1,305.59 ($1,426.02) NET LOSS TRANSFERRED TO SUMMARY ($120.43) 6 DISBURSEMENTS OF PRINCIPAL ADMINISTRATION COST 04/24/2013 Wire fee $20.00 $20.00 FEDERAL AND STATE TAXES 11/16/2012 Register of Wills,Agent-paymt of inh tax w/5% 9,500.00 04/08/2013 PA Dept of Revenue-taxes due on PA40 540.00 04/15/2013 US Treasury-taxes due on Trust return 687.00 04/15/2013 PA Dept of Revenue-taxes due on Trust return 143.00 05/16/2013 Register of Wills Agent-bal due on inheritance tax 321.62 11,191.62 FEES &COMMISSIONS 04/08/2013 Susquehanna Fin.Adv-tax prep fee on 2012 returns 395.00 04/23/2013 Susquehanna Fin.Adv-tax prep fee on Trust returns 700.00 05/16/2013 Stone LaFaver&Shekletski-on acct of Atty fee 6,346.00 02/27/2014 Stone LaFaver&Shekletski-bal due on Atty fee 9,500.00 02/27/2014 Lynn Horst-Executor/Trustee fee 12,139.00 29,080.00 FUNERAL EXPENSES 08/29/2012 Mt Zion Hilltop Cemetery-grave opening 600.00 09/11/2012 Pastor Tim Hoffman -Reimb for funeral food 51.91 09/12/2012 Parthemore Funeral Home-funeral expenses 12,247.03 11/13/2012 Gingrich Memorials-stone engraving 165.00 13,063.94 INVESTMENT EXPENSE 08/28/2012 SEI-account termination fee 75.00 08/30/2012 SEI-nanagement fee 17.63 10/09/2012 SEI Invstmts-Advisory fee 681.60 01/08/2013 SEI Invstmts-Advisory fee 687.83 04/09/2013 SEI-Investment Advisory fee 437.12 07/09/2013 SEI-advisory fee 363.77 10/08/2013 SEI-advisory fee 362.64 2,625.59 7 DISBURSEMENTS OF PRINCIPAL (Continued) FORWARD $56,161.15 MISCELLANEOUS EXPENSES 08/28/2012 Sara Schweitz-rocking chair promised to her by dec 180.00 09/05/2012 Register of Wills-probate costs 71.50 10/13/2012 Stone LaFaver&Shekletski-Reimb for adv in paper 275.16 05/16/2013 Register of Wills-filing Inh tax ret and Inventory 30.00 05/16/2013 Stone LaFaver&Shekletski-Reimb for short cert 5.00 06/04/2013 Wire fee 20.00 02/27/2014 Reserve for fiduciary income tax prep and paymts 2,000.00 02/27/2014 Stone LaFaver&Shekletski-Reimb for fed ex costs 20.00 02/27/2014 Reserve for closing expenses 500.00 02/27/2014 Stone LaFaver&Shekletski-Reimb for exemp copies 40.00 02/27/2014 Register of Wills-filing First and Final Account 515.00 3,656.66 SELLING COSTS 1 1/25/2013 Selling costs($20,941.29)less reimb($700.59) 20,240.70 20,240.70 TOTAL DISBURSEMENTS OF PRINCIPAL $79,878.51 8 DISTRIBUTIONS OF PRINCIPAL TO BENEFICIARIES TO: ALEXIS GRACE HORST Residue of estate 02/27/2014 PNC Bank-Checking Acct#5140030271 Distribute $1,726.57 cash in the amount of$1,726.57 to ALEXIS GRACE HORST TO:ALICIA FAITH DEGLOPPER Residue of estate 02/27/2014 PNC Bank-Checking Acct#5140030271 Distribute 12,949.24 cash in the amount of$12,949.24 to ALICIA FAITH DEGLOPPER TO: AMOS ETHAN HORST Residue of estate 02/27/2014 PNC Bank-Checking Acct#5140030271 Distribute 12,949.24 cash in the amount of$12,949.24 to AMOS ETHAN HORST TO: BENJAMIN ALLEN HORST Residue of estate 02/27/2014 PNC Bank-Checking Acct#5140030271 Distribute 12,949.24 cash in the amount of$12,949.24 to BENJAMIN ALLEN HORST TO:BIBLICA U.S.INC Residue of estate 02/27/2014 PNC Bank-Checking Acct#5140030271 Distribute 2,589.85 cash in the amount of$2,589.85 to BIBLICA U.S. INC TO:BYRON W HORST Partial Distribution 08/28/2012 PNC Bank-Checking Acct#5140030271 Distribute 3,000.00 $3,000.00 to BYRON W HORST 03/16/2013 PNC Bank-Checking Acct#5140030271 Distribute 20,000.00 23,000.00 cash in the amount of$20,000.00 to BYRON W HORST 9 TO: BYRON W HORST Residue of estate 02/27/2014 PNC Bank-Checking Acct#5140030271 Distribute 59,875.14 cash in the amount of$59,875.14 to BYRON W HORST TO: CHLOE FAITH DEGLOPPER Residue of estate 02/27/2014 PNC Bank-Checking Acct#5140030271 Distribute 1,726.57 cash in the amount of$1,726.57 to CHLOE FAITH DEGLOPPER TO:COLIN D GARDNER Residue of estate 02/27/2014 PNC Bank-Checking Acct#5140030271 Distribute 7,769.54 cash in the amount of$7,769.54 to COLIN D GARDNER TO: CONNER D JUMPER Residue of estate 02/27/2014 PNC Bank-Checking Acct#5140030271 Distribute 1,726.56 cash in the amount of$1,726.56 to CONNER D JUMPER TO: CORI A GARDNER Residue of estate 02/27/2014 PNC Bank-Checking Acct#5140030271 Distribute 7,769.54 cash in the amount of$7,769.54 to CORI A GARDNER TO: DAYBREAK CHURCH Residue of estate 02/27/2014 PNC Bank-Checking Acct#5140030271 Distribute 5,179.70 cash in the amount of$5,179.70 to DAYBREAK CHURCH TO:ERIC A HORST Partial Distribution 03/16/2013 PNC Bank-Checking Acct#5140030271 Distribute 20,000.00 cash in the amount of$20,000.00 to ERIC A HORST 10 TO:ERIC A HORST Residue of estate 02/27/2014 PNC Bank-Checking Acct#5140030271 Distribute 62,875.14 cash in the amount of$62,875.14 to ERIC A HORST TO:ETHAN C HORST Partial Distribution 03/16/2013 PNC Bank-Checking Acct#5140030271 Distribute 20,000.00 cash in the amount of$20,000.00 to ETHAN C HORST TO: ETHAN C HORST Residue of estate 02/27/2014 PNC Bank-Checking Acct#5140030271 Distribute 62,875.14 cash in the amount of$62,875.14 to ETHAN C HORST TO:EVANGELICAL LUTHERAN CHURCH OF AMERICA Residue of estate 02/27/2014 PNC Bank-Checking Acct#5140030271 Distribute 2,589.85 cash in the amount of$2,589.85 to EVANGELICAL LUTHERAN CHURCH OF AMERICA TO: GRACE RILEY Residue of estate 02/27/2014 PNC Bank-Checking Acct#5140030271 Distribute 15726.56 cash in the amount of$1,726.56 to GRACE RILEY TO: ISABEL JOAN KOCH Specific bequest in Living Trust Article 7 Sec 3 05/16/2013 PNC Bank-Checking Acct#5140030271 Distribute 100.00 cash in the amount of$100.00 to ISABEL JOAN KOCH TO: JAMIE RILEY Residue of estate 02/27/2014 PNC Bank-Checking Acct#5140030271 Distribute 125949.24 cash in the amount of$12,949.24 to JAMIE RILEY 11 TO:JEKYLL ISLAND METHODIST CHURCH Residue of estate 02/27/2014 PNC Bank-Checking Acct#5140030271 Distribute 5,179.70 cash in the amount of$5,179.70 to JEKYLL ISLAND METHODIST CHURCH TO:JEREMY PAUL HORST Residue of estate 02/27/2014 PNC Bank-Checking Acct#5140030271 Distribute 12,949.24 cash in the amount of$12,949.24 to JEREMY PAUL HORST TO:JOSEPH SCHWEITZ Residue of estate 02/27/2014 PNC Bank-Checking Acct#5140030271 Distribute 1,726.56 cash in the amount of$1,726.56 to JOSEPH SCHWEITZ TO:JOSHUA ALLEN HORST Residue of estate 02/27/2014 PNC Bank-Checking Acct#5140030271 Distribute 12,949.24 cash in the amount of$12,949.24 to JOSHUA ALLEN HORST TO:JULIA SHULL Specific bequest in Livinjz Trust Article 7 Sec 3 05/16/2013 PNC Bank-Checking Acct#5140030271 Distribute 1,000.00 cash in the amount of$1,000.00 to JULIA SHULL TO: LUTHERAN CAMPING CORPORATION Residue of estate 02/27/2014 PNC Bank-Checking Acct#5140030271 Distribute 2,589.85 cash in the amount of$2,589.85 to LUTHERAN CAMPING CORPORATION TO: LUTHERAN THEOLOGICAL SEMINARY AT GETTYSBURG Residue of estate 02/27/2014 PNC Bank-Checking Acct#5140030271 Distribute 2,589.84 cash in the amount of$2,589.84 to LUTHERAN THEOLOGICAL SEMINARY AT GETTYSBURG 12 TO: LYNN R HORST Partial Distribution 03/26/2013 PNC Bank-Checking Acct#5140030271 Distribute 20,000.00 cash in the amount of$20,000.00 to LYNN R HORST TO: LYNN R HORST Residue of estate 02/27/2014 PNC Bank-Checking Acct#5140030271 Distribute 62,875.14 cash in the amount of$62,875.14 to LYNN R HORST TO:MAP INTERNATIONAL Residue of estate 02/27/2014 PNC Bank-Checking Acct#5140030271 Distribute 2,589.85 cash in the amount of$2,589.85 to MAP INTERNATIONAL TO:MENNONITE CENTRAL COMMITTEE Residue of estate 02/27/2014 PNC Bank-Checking Acct 45140030271 Distribute 2,589.85 cash in the amount of$2,589.85 to MENNONITE CENTRAL COMMITTEE TO: MICHELLE DAWN HORST Residue of estate 02/27/2014 PNC Bank-Checking Acct#5140030271 Distribute 12,949.24 cash in the amount of$12,949.24 to MICHELLE DAWN HORST TO: MOUNT ZION LUTHERAN CHURCH Residue of estate 02/27/2014 PNC Bank-Checking Acct#5140030271 Distribute 5,179.70 cash in the amount of$5,179.70 to MOUNT ZION LUTHERAN CHURCH TO:MUHLENBERG COLLEGE Residue of estate 02/27/2014 PNC Bank-Checking Acct#5140030271 Distribute 2,589.85 cash in the amount of$2,589.85 to MUHLENBERG COLLEGE 13 TO:NEW CUMBERLAND PUBLIC LIBRARY Specific bequest in Living Trust Article 7 Sec 3 05/16/2013 PNC Bank-Checking Acct#5140030271 Distribute 500.00 cash in the amount of$500.00 to NEW CUMBERLAND PUBLIC LIBRARY TO:NEW LIFE BAPTIST CHURCH Residue of estate 02/27/2014 PNC Bank-Checking Acct#5140030271 Distribute 5,179.70 cash in the amount of$5,179.70 to NEW LIFE BAPTIST CHURCH TO: PATRICIA ANN ELLIOTT-HORST Specific bequest in Living Trust Article 7 Sec 3 05/16/2013 PNC Bank-Checking Acct#5140030271 Distribute 500.00 cash in the amount of$500.00 to PATRICIA ANN ELLIOTT-HORST TO:PENN-CUMBERLAND GARDEN CLUB Specific bequest in Living Trust Article 7 Sec 3 05/16/2013 PNC Bank-Checking Acct#51.40030271 Distribute 500.00 cash in the amount of$500.00 to PENN-CUMBERLAND GARDEN CLUB TO: PHYLLIS W PROBST Specific bequest in Living Trust Article 7 Sec 3 05/16/2013 PNC Bank-Checking Acct#5140030271 Distribute 200.00 cash in the amount of$200.00 to PHYLLIS W PROBST TO: SARA SCHWEITZ Residue of estate 02/27/2014 PNC Bank-Checking Acct#5140030271 Distribute 12,949.24 cash in the amount of$12,949.24 to SARA SCHWEITZ TO: ST JOHNS EPISCOPAL CHURCH Residue of estate 02/27/2014 PNC Bank-Checking Acct#5140030271 Distribute 5,179.70 cash in the amount of$5,179.70 to ST JOHNS EPISCOPAL CHURCH 14 TO:TYLER JAMES NUTTLE Residue of estate 02/27/2014 PNC Bank-Checking Acct#5140030271 Distribute 1,726.57 cash in the amount of$1,726.57 to TYLER JAMES NUTTLE TO:WILLIAM F HORST Residue of estate 02/27/2014 PNC Bank-Checking Acct#5140030271 Distribute 12,949.24 cash in the amount of$12,949.24 to WILLIAM F HORST TOTAL DISTRIBUTIONS OF PRINCIPAL TO BENEFICIARIES $520,769.63 15 PRINCIPAL BALANCE ON HAND FIDUCIARY VALUE AT ACQUISITION 02/27/2014 VALUE Cash and Cash Equivalents PNC Bank-Checking Acct#5140030271 $6,170.62 $6,170.62 TOTAL PRINCIPAL BALANCE ON HAND $6,170.62 $6,170.62 16 RECEIPTS OF INCOME PNC Bank NA-Estate Acct#5002138428 12/31/2013 Interest Income $1.75 02/27/2014 Interest Income 5.34 $7.09 PNC Bank-Checking Acct#5140030271 01/25/2013 Refunds Jekyll Island Authority water/sewer 102.00 Property located on Jekyll Island Georgia 10/04/2012 Rent Income 630.19 11/14/2012 Rent Income 792.00 12/1 8/2012 Rent Income 637.64 2,059.83 SEI Investments-Kathryn J Horst IRA-Core Fixed 09/05/2012 Dividend Income 11.66 SEI Investments-Kathryn J Horst IRA-High Yield 09/05/2012 Dividend Income 5.80 SEI Investments-Kathryn J Horst IRA-Intl Fixed 09/05/2012 Dividend Income 0.81 SEI I nvestmts-Kathryn J Horst Liv Trust-Cash 09/04/2012 Dividend Income 0.02 10/01/2012 Dividend Income 137.97 10/01/2012 Dividend Income 0.01 10/01/2012 Dividend Income 0.01 11/01/2012 Dividend Income 0.02 12/03/2012 Dividend Income 0.02 01/02/2013 Dividend Income 0.02 02/01/2013 Dividend Income 0.02 02/13/2013 Dividend Income 0.03 03/01/2013 Dividend Income 0.55 04/01/2013 Dividend Income 1.46 05/01/2013 Dividend Income 1.11 06/03/2013 Dividend Income 1.07 07/01/2013 Dividend Income 0.97 08/01/2013 Dividend Income 0.98 09/03/2013 Dividend Income 0.99 17 RECEIPTS OF INCOME (Continued) 10/01/2013 Dividend Income 0.95 11/01/2013 Dividend Income 0.99 12/02/2013 Dividend Income 0.95 01/02/2014 Dividend Income 0.98 149.12 SEI Investmts-Kathryn J Horst Liv Trust-Core Fixed 09/05/2012 Dividend Income 301.85 10/01/2012 Dividend Income 177.41 11/01/2012 Dividend Income 315.34 11/01/2012 Dividend Income 0.35 12/03/2012 Dividend Income 308.81 12/03/2012 Dividend Income 0.39 01/02/2013 Dividend Income 308.32 01/02/2013 Dividend Income 0.39 02/01/2013 Dividend Income 303.56 02/04/2013 Dividend Income 0.26 03/01/2013 Dividend Income 188.17 1,904.85 SEI Investmts-Kathryn J Horst Liv Trust-Emerging 10/01/2012 Dividend Income 189.16 12/11/2012 Dividend Income 685.89 12/11/2012 Dividend Income 158.23 12/27/2012 Dividend Income 702.39 1,735.67 SEI Investmts-Kathryn J Horst Liv Trust-High Yield 09/05/2012 Dividend Income 105.81 10/01/2012 Dividend Income 52.31 10/01/2012 Dividend Income 62.52 11/01/2012 Dividend Income 119.15 11/01/2012 Dividend Income 0.32 12/01/2012 Dividend Income 0.34 12/03/2012 Dividend Income 119.85 01/02/2013 Dividend Income 122.37 01/02/2013 Dividend Income 0.35 02/04/2013 Dividend Income 119.53 02/04/2013 Dividend Income 0.22 03/01/2013 Dividend Income 70.10 772.87 SEI Investmts-Kathryn J.Horst Liv Trust-Intl Fixed 12/27/2012 Dividend Income 1,452.26 18 GAINS AND LOSSES OF INCOME ON SALES OR OTHER DISPOSITIONS Gain Loss 09/11/2012 1.0080 Shares SET Investments-Kathryn J Horst IRA-Core Fixed Net Proceeds $11.63 Fiduciary Acquisition Value 11.66 0.03 09/11/2012 0.7710 Shares SEI Investments-Kathryn J Horst IRA-High Yield Net Proceeds 5.84 Fiduciary Acquisition Value 5.80 0.04 1.1/01/2012 0.0420 Shares SEI Investmts-Kathryn J Horst Liv Trust-High Yield Net Proceeds 0.33 Fiduciary Acquisition Value 0.32 0.01 02/20/2013 11.8530 Shares SEI Investmts-Kathryn J Horst Liv Trust-Core Fixed Net Proceeds 137.02 Fiduciary Acquisition Value 137.97 0.95 02/20/2013 27.0450 Shares SEI Investmts-Kathryn J Horst Liv Trust-Core Fixed Net Proceeds 312.64 Fiduciary Acquisition Value 315.34 2.70 02/20/2013 26.4850 Shares SET Invest mts-Kathryn J Horst Liv Trust-Core Fixed Net Proceeds 306.17 Fiduciary Acquisition Value 308.81 2.64 02/20/2013 26.4880 Shares SEI Investmts-Kathryn J Horst Liv Trust-Core Fixed Net Proceeds 306.20 Fiduciary Acquisition Value 308.32 2.12 02/20/2013 26.2370 Shares SEI Investmts-Kathryn J Horst Liv Trust-Core Fixed Net Proceeds 303.30 Fiduciary Acquisition Value 303.56 0.26 20 GAINS AND LOSSES OF INCOME ON SALES OR OTHER DISPOSITIONS (Continued) Gain Loss 02/20/2013 26.0890 Shares SEI Investmts-Kathryn J Horst Liv Trust-Core Fixed Net Proceeds 301.59 Fiduciary Acquisition Value 301.85 0.26 02/20/2013 0.0300 Shares SEI Investmts-Kathryn J Horst Liv Trust-Core Fixed Net Proceeds 0.35 Fiduciary Acquisition Value 0.35 0.00 02/20/2013 0.0330 Shares SEI Investmts-Kathryn J Horst Liv Trust-Core Fixed Net Proceeds 0.38 Fiduciary Acquisition Value 0.39 0.01 02/20/2013 0.0340 Shares SEI Investmts-Kathryn J Horst Liv Trust-Core Fixed Net Proceeds 0.39 Fiduciary Acquisition Value 0.39 02/20/2013 15.2410 Shares SEI Investmts-Kathryn J Horst Liv Trust-Core Fixed Net Proceeds 176.19 Fiduciary Acquisition Value 177.41 1.22 02/20/2013 138.9720 Shares SEI Investmts-Kathryn J Horst Liv Trust-Intl Fixed Net Proceeds 1,448.09 Fiduciary Acquisition Value 1,452.26 4.17 02/20/2013 6.8920 Shares SEI Investmts-Kathryn J Horst Liv Trust-High Yield Net Proceeds 53.69 Fiduciary Acquisition Value 52.31 1.38 02/20/2013 15.6160 Shares SEI Investmts-Kathryn J Horst Liv Trust-High Yield Net Proceeds 121.65 Fiduciary Acquisition Value 119.15 2.50 21 GAINS AND LOSSES OF INCOME ON SALES OR OTHER DISPOSITIONS (Continued) Gain Loss 02/20/2013 15.6870 Shares SEI Investmts-Kathryn J Horst Liv Trust-High Yield Net Proceeds 122.20 Fiduciary Acquisition Value 119.85 2.35 02/20/2013 15.8510 Shares SEI Investmts-Kathryn J Horst Liv Trust-High Yield Net Proceeds 123.48 Fiduciary Acquisition Value 122.37 1.11 02/20/2013 15.3440 Shares SEI Investmts-Kathryn J Horst Liv Trust-High Yield Net Proceeds 119.53 Fiduciary Acquisition Value 119.53 0.00 02/20/2013 14.0700 Shares SEI Investmts-Kathryn J Horst Liv Trust-High Yield Net Proceeds 109.61 Fiduciary Acquisition Value 105.81 3.80 02/20/2013 8.2370 Shares SEI Investmts-Kathryn J Horst Liv Trust-High Yield Net Proceeds 64.17 Fiduciary Acquisition Value 62.52 1.65 02/20/2013 0.0450 Shares SEI Investmts-Kathryn J Horst Liv Trust-High Yield Net Proceeds 0.35 Fiduciary Acquisition Value 0.34 0.01 02/20/2013 0.0450 Shares SEI Investmts-Kathryn J Horst Liv Trust-High Yield Net Proceeds 0.35 Fiduciary Acquisition Value 0.35 02/20/2013 15.7900 Shares SEI Investmts-Kathryn J Horst Liv Trust-Emerging Net Proceeds 182.85 Fiduciary Acquisition Value 189.16 6.31 22 GAINS AND LOSSES OF INCOME ON SALES OR OTHER DISPOSITIONS (Continued) Gain Lass 02/20/2013 71.4150 Shares SEI Investmts-Kathryn J Horst Liv Trust-Emerging Net Proceeds 826.99 Fiduciary Acquisition Value 844.12 17.13 02/20/2013 60.8660 Shares SEI Investmts-Kathryn J Horst Liv Trust-Emerging Net Proceeds 704.83 Fiduciary Acquisition Value 702.39 2.44 TOTAL GAINS AND LOSSES $15.29 ($37.80) NET LOSS TRANSFERRED TO SUMMARY ($22.51) 23 DISBURSEMENTS OF INCOME 01/07/2014 SEI-Investment Advisory fee $361.52 10/19/2012 Glyson County-real estate taxes due 2,961.23 12/18/2012 Jekyll Island Authority-lot rent 270.00 01/08/2013 Georgia Power-service at Jekyll property 41.11 01/08/2013 Jekyll Island Authority-water,sewer and trash 115.32 01/16/2013 Hall,Heating&Air Inc-services at Jekyll prop 3,317.00 01/29/2013 Burgers Painting&Remodeling-sery at Jekyll prop 3,964.00 01/29/2013 Welh Thru Windows-services at Jekyll prop 275.00 01/30/2013 A-1 Cleaning and Restoration-sery at Jekyll prop 200.00 02/12/2013 All Seasons Land scaping-sery at Jekyll prop 75.00 02/12/2013 Georgia Power-service at Jekyll property 27.55 02/12/2013 Jack Hardman Insurance-ins at Jekyll property 1,549.60 02/28/2013 Jekyll Island Authority-water,sewer and trash 95.82 03/10/2013 Cecil Heck-?? 465.57 03/10/2013 Georgia Power-services at Jekyll prop 29.38 03/19/2013 Coastal Appliances-for Jekyll property 477.79 04/02/2013 Georgia Power-services at Jekyll property 17.92 05/02/2013 Georgia Power-service at property 16.56 05/02/2013 Jekyll Island Authority-water and sewage at prop 89.70 TOTAL DISBURSEMENTS OF INCOME $14,350.07 24 VERIFICATION LYNN R HORST,Executor of the Will of KATHRYN J HORST AKA KATHRYN W. HORST AKA KATHRYN J WIEAND HORST,Deceased, hereby declares under oath that he has fully and faithfully discharged the duties of his office;that the foregoing First and Final Account is true and correct and fully discloses all significant transactions occurring during the accounting period;that all known claims against the Estate have been paid in full; that, to his knowledge,there are no claims outstanding against the Estate;that all taxes presently due from the Estate have been paid; and that the grant of Letters Testamentary and the first complete advertisement thereof occurred more than four months before the filing of the foregoing First and Final Account. This statement is made subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. YNN R HORST,EXECUTOR Dated: V 'A0/ /y 25 AHRENS LAW OFFICES, P.C. J "....`. � 5521 CARLISLE PIKE • MECHANICSBURG, PA 17050 TELEPHONE.(717)697-1800 FAX(717)697-1866 Last Will of KATHRYN J. HORST I,KATHRYN J. HORST, also known as KATHRYN W. HORST, of Cumberland County, Pennsylvania, make this Will and revoke all of my prior wills and codicils. 9 t 1 Article One My Family I am not now married. The names oi*my children are: BYRON W. 'IORST ETHAN C. I1.ORST ' LYNN R. HCRST ERIC A. HOKST Page 1 _....._., a.w,_ra.�.s«:w.r- ,,., . � - ry< 'rv-� Ne+r<..a..x...,...,.,..,,.... -7-.T.M.,..r.._M.__._..._.__._.______^-^�---•-- 6 s Distribution of My Property : Section 1. Pour-Over to My Living Trust All of my property of whatever nature and kind, wherever situated, shall be distributed to my revocable living trust. The name of my trust is: KATHRYN J. HORST and LYNN R. HORST, Trustees, or their successors in trust, under the KATHRYN J. HORST LIVING TRUST, dated June 14, 2004, and any amendments thereto. Section 2. Alternate Disposition If my revocable living trust is not in effect at my death for any reason whatsoever, then all of my property shall be disposed of under the terms of my revocable living trust as if ii were iri full force and effect on the date of my death. Article Three Powers of My Personal Representative My personal representative shall have the power to perform all acts reasonably necessary to administer my estate,as well as any powers set forth in the statutes in the State.of Pennsylvania relating to the powers of fiduciaries. f Page 2 S Wes,•�. .x.,,.,..�.,,-..�...,...�..,m �,, �.�.,.,�. Article Four Payment of Expenses and Taxes and Tax Elections Section 1. Cooperating with the Trustee of My Living Trust I direct my personal representative to consult with the Trustee of my revocable living trust to determine whether any expense or tax shall be paid from my trust or from my probate estate. Section 2. Tax Elections My personal :.-presentative, in its sole and absolute discretion, may exercise any available elections with regard to any state or federal tax laws. My personal representative shall not be liable to any person for decisions made in good faith under this Section. Section 3. Apportionment All expenses and claims and all estate, inheritance, and death taxes, excluding any generation-skipping transfer tax, resulting from my death and which are incurred as a result of property passing under the terms of my revocable living trust or through my probate estate shall be paid without apportionment and without reimbursement from any person. However, expenses and claims, and all estate, inheritance, and death taxes assessed with regard to property passing outside of my revocable living trust or outside of my probate estate, but included in my gross estate for federal estate tax purposes, shall be chargeable against the persons receiving such property. Page 3 T oil 11 1111 11 11 liiiiiiiiii I I � � >wpm h f ti Appointment of My. Personal Representative I appoint the following to be my personal representatives: LYNN R. HORST I direct that my personal representatives not be required to furnish bond, surety,or other security. I have initialed all of the pages of this Will,and have signed it on June 14,2004. ���� . _ q KATHRYR J HORST The foregoing Will was, on the day and year written above, published and declared by KATHRYN J. HORST in our presence to be her Will. We, in her presence and at her request, and in the presence of each other, have attested'the same and hay a signed our names as attesting witnesses and have initialed each page We declare that at the time of our attestation of this Will, KATHRYN J. HORST was, according to our best knowledge and belief, of sound mind and memory and under no undue duress or constraint. WIT ESS /�- WIYNESS f — Page 4 STATE: OF PENNSYLVANIA ) ss. COUNTY OF CUMBERLAND ) We, KATHRYN J. HORST, CY17 ze-h,14 4:6 and 19i�A-vl the Testatrix and the witnesses, respectively, whose names are signed to the foregoing Will, having been sworn, declared to the undersigned officer that the Testatrix, in the presence of the witnesses, signed the instrument as her last Will, that she signed, and that each of the witnesses, in the presence of the Testatrix and in the presence of each other, signed the Will as a witness. KATHRYN J. HOR WITWSS WITNESS S Subscribed and sworn before me by KATHRYN J. HORST�� the Testatrix, and by CLg A-i (.P rl�,rt� and t Y' fAn�,L , the witnesses, on June 14,2004. 4//�. NOTARIAL SEAL JUDD M.AHRENS,NOTARY PUBLIC OTARY PUBLIC MMYHCOMM SS ON OR SUMAY BERLAND 2D CO IL Page 5 i This i RESTATED LIVING TRUST prepared for KATHRYN J. HORST C by r Jackson Law Firm 4076 Market Street, Ste. 206 Camp Hill, Pennsylvania 17011 c' '7-3 Telephone: 717-761-3535 �j ; 7F� (,e_stdt4a-Q a �j.ldr Table of Contents The KATHRYN J. HORST Living Trust Introduction Article One.........................................Creation of My Trust Article Two........................................My Family Article Three......................................Funding My Trust i Providing for Me and My Family during My Lifetime Article Four........................................Administration of My Trust during My Life CArticle Five........................................Insurance Policies and Retirement Plans {{ i Providing for Me and My Family upon My Death Article Six..........................................Administration of My Trust upon my Death Article Seven......................................Distribution of My Tangible Personal Property and Specific Distributions Article Eight.......................................The Common Trust Article Nine........................................Distribution of My Trust Property i Article Ten.........................................Ultimate Distribution Pattern 1 H C�) I i r a Article-Eleven.....................................Methods of Distribution and Trust Administration with Regard to Minor and Disabled Beneficiaries Provisions Regarding My Trustee Article Twelve ...................................The Resignation,Replacement, and Succession of My Trustees Article Thirteen..................................General Matters and Instructions with Regard to the Trusteeship General and Administrative Provisions Article Fourteen .........My Trustee's Administrative and Investment Powers Article Fifteen....................................Definitions and General Provisions C� r, €I r) sa ii The KATHRYN J. HORST Living Trust Article One Creation of My Trust Section 1. My Trust On June 14, 2004, I executed the KATHRYN W. HORST LIVING TRUST. I now wish to restate that original trust, and any amendments, in their entirety. This restatement, dated May 11, 2009, shall replace and supersede my original trust and all prior amendments. This is my restatement to my Living Trust, dated May 11,2009, by KATHRYN J. HORST, also known as KATHRYN W. HORST, the Trustmaker, and the following initial Trustees: KATHRYN J. HORST LYNN R. HORST My trust is a revocable living trust-that contains my instructions for my own well- being and that of my loved ones. All references to "my trust" or "trust," unless otherwise stated, shall refer to this Living Trust and the trusts created in it. All references to "Trustee" shall refer to my initial Trustee or Trustees, or their successor or successors in trust. When the term. "Trustmaker" is used in my.trust, it shall have the same legal meaning as "Grantor," "Settlor," "Trustor," or any other term referring to the maker of a trust. Notwithstanding anything in my trust to the contrary, when I am serving as a Trustee under my trust, I may act for and conduct business on behalf of my trust as a Trustee without the consent of any other Trustee. -i �i Section 2. The Name of My Trust For convenience, my trust shall be known as the: j; 1-1 ' y _ .. — •- --. --- _ Via, KATHRYN J. HORST LIVING TRUST,dated June 14,2004 For purposes of beneficiary designations and transfers directly to my trust, my trust shall be referred to as: KATHRYN J. HORST and LYNN R. HORST, Trustees, or their successors intrust, under the KATHRYN J. HORST LIVING TRUST, dated June 14, 2004, and any amendments thereto.. In addition to the above descriptions,any description for referiing to my trust shall be effective to transfer title to my trust or to designate my trust as a beneficiary as long as that description includes the date of my trust, the name of at least one initial or successor Trustee, and any reference that indicates that assets are to be held in a fiduciary capacity. I i C� �I i �I 1-2 t{ fi Article Two My Family The names of my children are: BYRON W. HORST ETHAN C.HORST LYNN R. HORST i ERIC A. HORST i iII f 1 I� N { i� F� ,h 2-1 f� k> k'' Article Three Funding My Trust Section i. Initial Funding I hereby transfer, assign, and convey all of my right, title, and interest in and to all of my property that is permitted by law to be held in trust, wherever situated, whether personal or real, tangible or intangible, to my Trustee to hold and administer for my benefit and for the benefit of my beneficiaries. I will also initially fund my trust with$10 concurrent with its execution. a. Reliance by Third Parties Upon presentation by my Trustee of this Article of my trust and a separate Affidavit of Trust stating the name and address of my Trustee, affirming that my trust is in full force and effect, and containing any pertinent provisions of my trust, all third parties shall rely on this transfer and follow all of my Trustee's instructions without risk of incurring any liability to me,my Trustee, or my beneficiaries. b. Specific Transfers of Property It is my intent that,from time to time and when necessary, specific items of property will be individually transferred and titled either directly in the name of my trust or in a nominee for the benefit of my trust. Section 2. Additional Property Additional property interests of all kinds may be transferred to my trust by me or any other person in any manner. All property interests assigned, conveyed, or delivered to the Trustee must be acceptable to my Trustee. 4, 3-1 � k T Article Four Administration of My Trust . during My Life Section 1. My Lifetime Powers During my life, I shall have the express and total power to control and direct payments,add or remove trust property,and amend or revoke this trust. I 1 a. Control and Direct Payments My Trustee, during all periods of time when I am not disabled as defined in this Article, shall distribute or retain the principal and net income of the trust as I may direct, except that I shall have no power to direct my Trustee to make gifts of principal or income from the trust to a third party. Any gift made directly by my Trustee to a third party in violation of this provision shall be construed as a distribution made directly to me, and then a gift from me to such third party. Absent directions from me, my Trustee shall distribute the trust income to me at least monthly. b. Investment Decisions During my lifetime,except for any period of my incapacity,I reserve the right to specifically approve or disapprove each and every trust investment, purchase, or sale before it is made. My Trustee is relieved j from all liability for loss which may result from the,purchase or sale of trust property which has been directed by me. tj t r- 4-1 E. c. Add or Remove Trust Property I shall have'the absolute right to add to the trust property at any time and the absolute right to remove property, or any interest therein, from the trust at any time. Both of these rights shall be exercised in writing. d. Amend or Revoke the Trust I shall have the absolute right to amend or revoke rimy trust, in whole or in part, at any time. Any amendment or revocation must be delivered to my Trustee in writing. , This right to amend or revoke my trust is personal to me, and may not be exercised by any legal representative or agent acting on my behalf a i f Section 2. The Definition of My Disability My disability, for purposes of this agreement, shall be defined as follows: a. The Opinion of My Sons I shall be deemed disabled during any period when, in the unanimous opinion of BYRON W. HORST, LYNN R. HORST, and ERIC A. HORST, I am incapacitated or disabled because of illness, age, or any other cause which results in my inability to effectively manage my property or financial affairs. &. b. Court Determination I shall also be deemed to be disabled upon the determination of a court of competent jurisdiction that I am incompetent, incapacitated, or otherwise legally unable to effectively manage my property or financial affairs. ! C. Disappearance or Absence ! I shall be deemed to be disabled upon my unexplained disappearance or F absence, or if I am being detained under duress where I am unable to effectively manage my property or financial affairs. p 4-2 r {4rA t' ... .._.. ........_._..-..�......._��....,...._.. .. } KKEg Section 3. Procedural Guidelines for My Disability During any period of time when I am disabled, my Trustee shall apply the trust property, including its income, exclusively for my benefit and for my valid obligations by observing the following procedural guidelines: a. Provide for Me My Trustee shall provide as much of the principal and net income of my trust as is necessary or advisable, in its sole and absolute discretion, for my health, support,maintenance, and general welfare. My Trustee may make the distributions called for in this Article directly to me or for my benefit. b. Provide for My Obligations My Trustee shall provide as much of the principal and net income of my . trust as my Trustee, in its sole and absolute discretion, deems advisable for the payment of any of my valid obligations as confirmed by my Trustee. C� My Trustee shall provide as much of the principal and net income of my trust as my Trustee deems advisable for the payment of insurance premiums on policies owned by me, either directly or beneficially, or my trust. Section 4. Undistributed Net Income Any net income which is not distributed under this Article shall be accumulated and added to principal. `1 a i yl t-. �a r, 4-3 KK Article Five Insurance Policies and Retirement Plans Section 1. During My Life During my life, I shall have the following rights, and my Trustee shall have the following duties, with respect to insurance policies or retirement plans owned by or made payable to my trust. a. My Rights I reserve, and may exercise without the approval of my Trustee or any beneficiary, all of the rights, powers, options, and privileges with respect to any insurance policy, retirement plan, annuity, or any other third-party beneficiary contract made payable to my trust or deposited with my Trustee. CI b. M Trustee's s Obligations My Trustee shall deliver to me or my designee, upon my written request, any and all insurance policies, retirement plan documents, annuity contracts, and all other third-party beneficiary contracts, as well as all related documents, which are owned by or deposited with my Trustee pursuant to my trust. My Trustee shall not be under any obligation to have any or all of such documents returned. My Trustee shall have no obligation to see that premiums or other sums that may be due and payable under any insurance policy, retirement plan, annuity contract, or any other third-party beneficiary contract are paid. Further, my Trustee shall have no obligation with respect to any insurance policy, retirement plan, annui ty contract or other third- party beneficiary contract, as well as any documents related thereto, deposited with my Trustee, other than to provide for their safekeeping. t No provision of this agreement shall be construed to impose any obligation on me to maintain any insurance policy, retirement plan, annuity contract, or any other third-party beneficiary contract in force. F� 5-1 E Section 2. Upon My Death Upon my death, my Trustee shall make all appropriate elections with respect to insurance policies, retirement plans, and other death benefits which are owned by or payable to my trust. I a. Collection of Insurance. Proceeds and Other Nonretirement Death Proceeds My Trustee shall make every reasonable effort to collect all sums made. payable to my trust or my Trustee under all life insurance policies, or other nonretirement death benefit plans, which provide for death proceeds made payable to or owned by the trust. In collecting policy or death benefit proceeds, my Trustee may, in its sole and absolute discretion, exercise any of the settlement options that may be available under the terms of a policy or any other third- party beneficiary contract. My Trustee shall not be liable to any beneficiary for the settlement option ultimately selected. C� b. Retirement Plan Elections My Trustee shall have the right, in its sole and absolute discretion, to elect to receive any retirement plan death proceeds, whether under a qualified pension, profit sharing, Keogh, individual retirement account, or any other retirement plan, either in a lump sum or in any other manner permitted by the terms of the particular retirement plan. My Trustee shall not be liable to any beneficiary for the death benefit g election ultimately selected. j c. Collection Proceedings My Trustee may institute proceedings, whether in law or equity, administrative or otherwise, to enforce payment of such proceeds. My j Trustee need not, except at its option, enter into or maintain any litigation or take action to enforce any payment until it has been j indemnified to its satisfaction for all expenses and liabilities to which, !j in its sole judgment, it may be subjected. C� 5-2 j� My Trustee is expressly authorized, in its sole and absolute discretion, to adjust, settle, and compromise any and all claims that may arise from the collection of any death proceeds.. The decisions of my Trustee shall be binding and conclusive on all beneficiaries. d. Liability of Payor No person or entity which pays insurance proceeds or other death proceeds to my Trustee as beneficiary shall be required to inquire into any of the provisions of this trust or to see to the application of any such proceeds by my Trustee. The receipt of the proceeds by my Trustee shall relieve the payor of any further liability as a result of making such payment. t 5-3 C Article Six Administration of My Trust upon My Death Section 1. Payment of Expenses,.Claims, and Taxes On my death, my Trustee is authorized, but not directed,to pay the following: Expenses of my last illness, funeral, and burial, including memorials of all types and memorial services of such kind as my Trustee in its sole discretion shall approve. i Legally enforceable claims against me or my estate. Expenses with regard to the administration of my estate. ' Federal estate tax, applicable state inheritance or estate taxes, or any other taxes occasioned by my death. Statutory or court-ordered allowances for qualifying family members. The payments authorized under this Section are discretionary, and no claims or right to payment by third parties may be enforced against my trust by virtue of such discretionary authority. My Trustee shall be indemnified from the trust property for any damages sustained by my Trustee as a result of its exercising, in good faith, the authority granted it under this Section. The payments authorized under this Section shall be paid only to the extent that the property in my probate estate, if any (other than real estate, tangible personal property, or property that, in my Trustee's judgment, is not readily marketable), is i insufficient to make these payments. `i Section 2. Redemption of Treasury Bonds If my trust holds United States Treasury Bonds which are eligible for redemption at par in payment of the federal estate tax, my Trustee shall redeem such bonds to the extent necessary to pay federal estate tax as a result of my death. 6-1 I �3 t� Section 3. Coordination with My Personal Representative This Section shall be utilized to help facilitate the coordination between the personal representative of my probate estate and my Trustee with respect to any of j my property owned outside of my trust at my death. a. Authorized Payments My Trustee, in its sole and absolute discretion, may elect to pay the payments authorized under this Article either directly to the appropriate persons or institutions or to my personal representative of my probate estate. My Trustee may rely upon the written statements of my. personal representative as to all material facts relating to these payments; my Trustee shall not have any duty to see to the application of such payments. b. Purchase of Assets and Loans My Trustee is authorized to purchase and retain in the form received, as i an addition to my trust, any property which is a part of my probate estate. In addition, my Trustee may make loans, with or without security, to my probate estate. My Trustee shall not be liable for any loss suffered by my trust as a result of the exercise of the powers granted in this paragraph. ,r c. Distributions from My Personal Representative My Trustee is authorized to accept distributions from my personal representative of my probate estate without audit and my Trustee shall I be under no obligation to examine the records or accounts of my s, personal representative. ,} :a Section 4. Treatment of Exempt Property In making any payments pursuant to this Article, my Trustee shall not use any property to the extent it is not included in my gross estate for federal- estate tax purposes. ! a 6-2 However, if my Trustee makes the determination, in its sole and absolute discretion, that nonexempt property is not available for payments pursuant to this Article, or that it is not economically prudent to use nonexempt property for the payment of such expenses, it may then use such exempt property. Section 5. Apportionment All expenses and claims and all estate, inheritance, and death taxes, excluding any generation-skipping transfer tax, resulting from my death shall be paid without apportionment and without reimbursement from any person, except as otherwise specifically provided in this trust. Notwithstanding anything to the contrary in my trust, estate, inheritance, and death taxes assessed with regard to property passing outside of my trust or outside of my probate estate, but included in my gross estate for federal estate tax purposes,shall be chargeable against the persons receiving such property. Section 6. My Trustee's Authority to Make Tax Elections My Trustee may exercise any available elections with regard to state or federal income,inheritance, estate, succession, or gift tax law. a. Alternate Valuation Date The authority granted my Trustee in this Section includes the right to elect any alternate valuation date for federal estate or state estate or inheritance tax purposes. b. Deduction of Administration Expenses a The authority granted my Trustee in this Section shall include the right to elect whether all or any parts of the administration expenses of my j estate are to be used as estate tax deductions or income tax deductions. 'I No compensating adjustments need be made between income and principal as a result of such elections unless my Trustee, in its sole and G absolute discretion, shall determine otherwise, or unless required by law. 6-3 4' n, °i c. Deferment of Estate Taxes The authority anted ty my Trustee g y in this Section shall include the right to elect to defer payment of all or a part of my estate taxes, pursuant to any law permitting deferral,and to enter into any agreement necessary to defer payment of estate taxes even if doing so extends the statute of limitations and regardless of whether sufficient funds are available to pay the estate taxes when due. d. Special Use Valuation The authority granted to my Trustee in this Section shall include the right to elect to value qualified real property at its value based upon actual use rather than its fair market value and to enter into any agreement necessary to make such election as permitted under the Internal Revenue Code and its regulations. e. Taxes and Returns My Trustee may also: C} Sign joint tax returns. Pay any taxes, interest,or penalties with regard to taxes. i Apply for and collect tax refunds and interest thereon. k! �I H t. i.) i� k r' �1 4 6-4 `l E k• ��1 Article Seven Distribution of My Tangible Personal Property and Specific Distributions i Section 1. Nonbusiness Tangible Personal Property On my death, my Trustee shall distribute my nonbusiness tangible personal property held by my trust as follows: kk, I A a. Use of Memorandum j E My Trustee shall distribute the jewelry, clothing, household furniture, furnishings and fixtures, chinaware, silver, photographs, works of art, books, boats, automobiles, sporting goods, artifacts relating to my hobbies, and all other tangible articles of household or personal use in accordance with any written, signed, and dated memorandum left by me directing the distribution of such property. Any memorandum written, dated, and signed by me disposing of my tangible personal property shall be incorporated by reference into this agreement. Should I leave multiple written memoranda which conflict as to the disposition of any item of tangible personal property, that memorandum which is last dated shall control as to those items which are in conflict. i! b. Distribution of Property Not Distributed by Memorandum E If my state law does not allow the use of a memorandum to distribute ! nonbusiness tangible personal property or, to the extent that my tangible personal property which is or becomes trust property is not disposed of by memorandum for any reason, then that nonbusiness tangible personal property shall be distributed equally among my four sons, or should any of them predecease me then to their living descendants,per stirpes. i, 7-1 It is my earnest wish and desire that all crafts and paintings done by Paul R. Wieand or by Kathryn J. Horst and all major family antiques remain in the family. Section 2. Business Tangible Personal Property The disposition of my tangible personal property under this Article shall not include tangible personal property which my Trustee, in its sole and absolute discretion, determines to be part of; or used exclusively in, any business or profession in which I had an interest at the time of my death. Section 3. Specific Distributions I would like to make the following specific distributions: Name Relationship Amount i Robert Shull and his mother Julia Friend $1,000 0 Patricia Elliott Horst Daughter-in-law $500 Any former first wife (other than Patricia Elliot Horst)of a son of mine who is now divorced from a son of mine Friend $500 Phyllis Probst Sister $200 New Cumberland Public Library in New Cumberland, Pennsylvania Charity $500 Penn-Cumberland Garden Club of j the Garden Club Federation of C Pennsylvania in Camp Hill, Pennsylvania Club $500 Isabel Kock Sister $100 j a 1, 7-2 The distribution for the Penn-Cumberland Garden Club is to be used for the �? purchase and planting of a tree or trees on the grounds of the New Cumberland Public Library in New Cumberland,Pennsylvania. The distribution to Patricia Elliott Horst should be made whether or not she is still married to my son. s E C� k 14 �I �1 f1 �i t' a� • is t� i r. it i I'1 t1 F: i 7-3 j f'A i^I k'! 1 Article Eight The Common Trust It is not my desire to create a Common Trust for the benefit of my beneficiaries. All of the trust property which has not been distributed under prior provisions of this agreement shall be divided,administered, and distributed under the provisions of the Articles that follow. G h �j 1 ll 7j '.i ,S t r� �I �1 l 8-1 . 1� Article Nine Distribution of My Trust Property Section 2. Division into Separate Shares All trust property not previously distributed under the terms of my trust shall be divided as follows: Beneficiary Relationship Share BYRON W. HORST Son 16% ETHAN C. HORST Son 16% LYNN R. HORST Son 16% ERIC A. HORST Son 16% BIOLOGICAL GRANDCHILDREN Grandchildren 22 '/2% XI c CHURCHES CHOSEN BY MY LIVING SONS Charity 4% CORY A. GARDNER Step-Grandchild 1 '/z% COLIN D. GARDNER Step-Grandchild 1 %2% BIOLOGICAL& STEP GREAT- GRANDCHILDREN Great-Grandchildren 2% �' R JEKYLL ISLAND METHODIST CHURCH IN JEKYLL ISLAND, GEORGIA Charity 1% MENNONITE CENTRAL COMMITTEE OF AKRON, , PENNSYLVANIA Charity V2% . tj 9-1 i LUTHERAN WORLD ACTION OF NEW YORK,NEW YORK Charity y2 INTERNATIONAL BIBLE SOCIETY OF COLORADO SPRINGS, COLORADO Charity y2 MAP INTERNATIONAL OF BRUNSWICK, GEORGIA Charity 2 LUTHERAN CAMPING CORP., OF ARENTSVILLE, PENNSYLVANIA Charity y2 MUHLENBERG COLLEGE OF ALLENTOWN, PENNSYLVANIA Charity y2 LUTHERAN THEOLOGICAL SEMINARY OF GETTYSBURG, PENNSLVANIA Charity V2 i QSection 3. Distribution of Trust Shares for My Beneficiaries The share of each beneficiary then living shall be distributed as follows: a. Distribution of Trust Share for BYRON W.HORST The trust share set aside for BYRON W. HORST shall forthwith terminate and my Trustee shall distribute all undistributed net income and principal to BYRON W. HORST, free of the trust. y Should BYRON W. HORST not survive me, my Trustee shall distribute the remaining trust property to his spouse and living 1 descendants in equal shares. If BYRON W. HORST has no spouse or then living descendants, my Trustee shall distribute the remaining trust property to my living descendants in equal shares. 9-2 ti If I have no then living descendants, my Trustee shall distribute the remaining trust property as provided in Article Ten of this agreement. b. Distribution of Trust Share for ETHAN C. HORST The trust share set aside for ETHAN C. HORST shall forthwith terminate and my Trustee shall distribute all undistributed net income and principal to ETHAN C. HORST,free of the trust. Should ETHAN C. HORST not survive me, my Trustee shall distribute the remaining trust property to his spouse and living descendants in equal shares. If ETHAN C. HORST has no spouse or then living descendants, my Trustee shall distribute the remaining trust property to my living descendants in equal shares. i If I have no then living descendants, my Trustee shall distribute the remaining trust property'as provided in Article Ten of this agreement. c. Distribution of Trust Share for LYNN R.HORST The trust share set aside for LYNN R. HORST shall forthwith terminate and my Trustee shall distribute all undistributed net income and principal to LYNN R. HORST, free of the trust. Should LYNN R. HORST not survive me, my Trustee shall distribute the remaining trust property to his spouse and living descendants in equal shares. If LYNN R. HORST has no spouse or then living descendants, my Trustee shall distribute the remaining trust property to my living descendants in equal shares. If I have no then living descendants, my Trustee shall ' distribute the remaining trust property as provided in Article �l Ten of this agreement. 9-3 d. Distribution of Trust Share for ERIC A.HORST The trust share set aside for ERIC A. HORST shall forthwith terminate and my Trustee shall distribute all undistributed net income and principal to ERIC A. HORST, free of the trust. Should ERIC A. HORST not survive me, my Trustee shall distribute the remaining trust property to his spouse and living descendants in equal shares. If ERIC A. HORST has no spouse or then living descendants, my Trustee shall distribute the remaining trust property to my living descendants in equal shares. If I have no then living descendants, my Trustee shall distribute the remaining trust property as provided in Article Ten of this agreement. e. Distribution of Trust Share for. MY BIOLOGICAL GRANDCHILDREN The trust share set aside for my living grandchildren shall be divided into as many shares as should be necessary to create one equal share for each of my biological grandchildren. At the time of my death,my Trustee shall distribute to each of my then living grandchildren an amount of half of the value of their trust share outright and free of the trust. My Trustee shall distribute the remaining trust shares to each grandchild `# when he or she attains the age of 31. F ii If a grandchild should die before the complete distribution of his or ?' her trust share, that trust share shall be divided into separate equal ' i shares and held in trust for.the benefit of his or her then living children. The terms of each child's trust shall be the same as the trust established for my BIOLOGICAL GRANDCHILDREN. f E If any of my grandchildren have no then living descendants, my i Trustee shall distribute the balance of the trust property to .parents of those grandchildren. f r.: C_3 9-4 k L Distribution of Trust Share for CHURCHES CHOSEN BY MY LIVING SONS The trust share set aside for the CHURCHES CHOSEN BY MY LIVING SONS shall forthwith terminate and my Trustee shall distribute all undistributed net income and principal to the CHURCHES CHOSEN. BY MY LIVING SONS, free of the trust. g. Distribution of Trust Share for CORY A. GARDNER At the time of my death,my Trustee shall distribute to CORY A. GARDNER an amount of half of the value of his trust share outright and free of the trust. My Trustee shall distribute the remaining trust shares to CORY A. GARDNER when he attains the age of 31. If CORY A. GARDNER should die before the complete distribution of his j trust share,his trust share shall be divided into separate equal shares and held in trust for the benefit of his then living children. The terms of each child's trust shall be the same as the trust established for CORY A. GARDNER. 10 If CORY A. GARDNER has no living descendants,my Trustee shall distribute the balance of the trust property to the parents of CORY A. GARDNER. h. Distribution of Trust Share for COLIN D. GARDNER At the time of my death, my Trustee shall distribute to COLIN D. GARDNER an amount of half of the value of his trust share outright and free of the trust. My Trustee shall distribute the remaining trust shares to COLIN D. GARDNER when he attains the age of 31. u If COLIN D. GARDNER should die before the complete distribution of his trust share, his trust share shall be divided into separate equal shares and held in trust for the benefit of his then living children. The terms of each child's trust shall be the same as the trust established for COLIN D. GARDNER. r If COLIN D. GARDNER has no.living descendants,my Trustee shall distribute the balance of the trust property to the parents of COLIN D. GARDNER. j W 9-5 i. Distribution of Trust Share for MAY BIOLOGICAL GREAT- GRANDCHILDREN The trust share set aside for my living biological great-grandchildren shall be divided into as many shares as should be necessary to create one equal share for each of my biological great-grandchildren,including any who were in utero at the time of my death-and later born alive. At the time of my death, my Trustee shall distribute to each of my then living biological great-grandchildren an amount of half of the value of their trust share outright and free of the trust. My Trustee shall distribute the remaining trust shares to each great- grandchild when he or she attains the age of 31. If a great-grandchild should die before the complete distribution of his or her trust share, that trust share shall be divided into separate equal shares and held in trust for the benefit of his or her then living children. The terms of each child's trust shall be the same as the trust established for MY GREAT-GRANDCHILDREN. If any of my great-grandchildren have no then living descendants, my Trustee shall distribute the balance of the trust property to parents of those great-grandchildren. j. Distribution of Trust Share for JEKYLL ISLAND METHODIST CHURCH The trust share set aside for JEKYLL ISLAND METHODIST CHURCH shall forthwith terminate and my Trustee shall distribute all undistributed net income and principal to JEKYLL ISLAND METHODIST CHURCH, free of the trust. 4 I� i i 't i' j G ij I� 9-6 .a k. Distribution of Trust Share for MENNONITE CENTRAL COMMITTEE The trust share set aside for MENNONITE CENTRAL COMMITTEE shall forthwith terminate and my Trustee shall distribute all undistributed net income .and principal to MENNONITE CENTRAL COMMITTEE, free of the trust. 1. Distribution of Trust Share for LUTHERAN WORLD ACTION The trust share set aside for LUTHERAN WORLD ACTION shall forthwith terminate and my Trustee shall distribute all undistributed net income and principal to LUTHERAN WORLD ACTION, free of the trust. m. Distribution of Trust Share for INTERNATIONAL BIBLE SOCIETY The trust share set aside for INTERNATIONAL BIBLE SOCIETY shall forthwith terminate and my Trustee shall distribute all undistributed net income and principal to INTERNATIONAL BIBLE SOCIETY, free of the trust. o. Distribution of Trust Share for MAP INTERNATIONAL ; The trust share set aside for MAP INTERNATIONAL shall forthwith terminate and my Trustee shall distribute all undistributed net income and principal to MAP INTERNATIONAL,free of the trust. p. Distribution of Trust Share for LUTHERAN CAMPING CORP. The trust share set aside for LUTHERAN CAMPING CORP. shall forthwith terminate and my Trustee shall distribute all undistributed net income and principal to LUTHERAN CAMPING CORP, free of the trust. If LUTHERAN CAMPING CORP, is no longer in existence, the trust share shall go to the GEORGIA METHODIST RELIEF. q. Distribution of Trust Share for MUHLENBERG COLLEGE I; �i �I rl 9-7 f� The trust share set aside for MUHLENBERG COLLEGE shall forthwith terminate and my Trustee shall distribute all undistributed net income and principal to MUHLENBERG COLLEGE,free of the trust. r. Distribution of Trust Share for LUTHERAN THEOLOGICAL SEMINARY The trust share set aside for LUTHERAN THEOLOGICAL SEMINARY shall forthwith terminate and my Trustee shall distribute all undistributed net income and principal to LUTHERAN THEOLOGICAL SEMINARY, free of the trust. Section 4. Retention of Distributions in Trust Whenever a distribution is authorized or required to be made by a provision of . ! this Article to any beneficiary, then that beneficiary may direct my Trustee in writing to retain such distribution in trust as follows: a. A Beneficiary's Right to Income My Trustee, during the lifetime of the beneficiary, shall pay to or apply for the benefit of the beneficiary from time to time and at the beneficiary's written direction all of the net income from this trust. b. A Beneficiary's Right to Withdraw Principal My Trustee shall pay to or apply for the benefit of the beneficiary such amounts from the principal as the beneficiary may at any time request in writing. No limitation shall be placed on the beneficiary as to either the amount of or reason for such invasion of principal. 1 c. Principal Distributions in My Trustee's Discretion j i My Trustee may also distribute to or for the benefit of the beneficiary as much of the principal of the trust as my Trustee, in its sole and absolute discretion, shall consider necessary or advisable for the education, health, maintenance, and support of the beneficiary. 9-8 fi c k. d. A Beneficiary's General Power of Appointment The beneficiary shall 11 have the unlimited and unrestricted general power to appoint, by a valid last will and testament or trust agreement, the entire principal and any accrued and undistributed net income of the trust as it exists at the beneficiary's death. In exercising this general power of appointment, the beneficiary shall specifically refer to this power. The beneficiary shall have the sole and exclusive right to exercise the general power of appointment. This general power of appointment specifically grants to the beneficiary the right to appoint property to the beneficiary's own estate. It also specifically grants to the beneficiary the right to appoint the property . among persons, corporations, or other entities in equal or unequal proportions, and on such terms and conditions, whether outright or in j trust, as the beneficiary may elect. Any property in the trust which is not distributed pursuant to the exercise of the general power of appointment shall be distributed to the beneficiary's then living descendants,per stirpes. h If the beneficiary has no then living descendants, my Trustee shall distribute the remaining trust property as provided in Article Ten of this agreement. F�f i� ii 9-9 I Article Ten i Ultimate Distribution Pattern If at any time there is no person, corporation, or other entity entitled to receive all or any part of my trust property, then all of the trust property shall be distributed to those persons who would be my heirs had I died intestate owning such property. The distribution of trust property, for purposes of this Article,shall be determined by the laws of descent and distribution for intestate estates in the State of Pennsylvania as such laws are in effect at the time of any distribution under this Article. F i 10-1 Article Eleven C Methods of Distribution and Trust Administration with Regard to Minor and Disabled Beneficiaries Section 1. General Guidelines for Distribution Whenever a distribution is authorized or required to be made by a provision of this agreement to any beneficiary who is disabled or incapacitated, such distribution may be made by my Trustee: j Without continuing court supervision or the intervention of a guardian, conservator, or any other legal representative. CWithout giving or requiring any bond or surety on bond. r Pursuant to any of the methods authorized under this Article. In making distributions under this Article, disability or incapacity shall include adjudicated mental incapacity by a court of competent jurisdiction, or incapacity because of age,illness, or injury. Before making any distributions to beneficiaries other than me under this Article, it is my desire that my Trustee, to the extent that it is both reasonable and possible: Inquire into the ultimate disposition of the distributed funds. Take into consideration the behavior of trust beneficiaries with regard to � their disposition of prior distributions of trust property. '' My Trustee shall obtain a receipt from the person, corporation, or other entity h receiving any distribution called for in this Article. I E:- i f Section 2. Methods of Payment My Trustee may make the distributions called for in this Article in any one or more of the following ways: Directly to a beneficiary. To persons, corporations, or other entities for the use and benefit of the beneficiary. To an account in a commercial bank or savings institution in the name of the beneficiary, or in a form reserving the title, management, and custody of the account to a suitable person, corporation, or other entity for the use and benefit of the beneficiary. In any prudent form of annuity purchased for the use and benefit of the beneficiary. j iI To any person or duly licensed financial institution, including my Trustee, as a custodian under the Uniform Transfers to Minors Act, or any similar act, of any state, or in any manner allowed by any state statute dealing with gifts or distributions to minors or other individuals under a legal disability. Cf To any guardian, agent under a valid power of attorney, or other person deemed by my Trustee to be responsible, and who has assumed the responsibility of caring for.the beneficiary. Section 3. Trustee's Discretion to Keep Property in Trust If any trust property becomes distributable to a beneficiary hen the beneficiary is ary ary under 21 years of age, or when the beneficiary is under any form of legal disability, as defined in Article Fifteen, my Trustee may retain that beneficiary's y r share in a separate trust until he or she attains 25 years of age, or until his or her legal disability has ceased,as follows: i a. Distributions of Trust Income and Principal ri My Trustee shall apply to or for the benefit of the beneficiary as much of the net income and principal of the trust as my Trustee, in its sole and absolute discretion, deems necessary or advisable for the beneficiary's education, health,maintenance,and support. a 11-2 d In making any distributions of income and principal under this Article, my Trustee shall be mindful of, and take into consideration to the extent it deems necessary, any additional sources of income and principal available to the beneficiary which arise outside of this agreement. Any net income not distributed to a beneficiary shall be accumulated and added to principal. b. Termination and Distribution My Trustee shall distribute the trust property to a beneficiary: When he or she attains 25 years of age, or When he or she ceases to be disabled. c. A Beneficiary's General Power to Appoint Trust Property If a beneficiary should die before the complete distribution of his or her trust, the trust shall terminate and all of the trust property shall be distributed to such persons, corporations, or other entities, including the beneficiary's own estate, in the manner in which the beneficiary shall elect. This general power of appointment must be exercised by the beneficiary by either a valid living trust or last will and testament, either of which specifically refers to this power of appointment. To the extent this general power of appointment is not exercised, my Trustee shall distribute the remaining trust property to the then living descendants of the beneficiary,per stirpes. If the beneficiary has no then living descendants m Trustee y shall distribute the remaining trust property to my then living descendants, per stirpes. i If I have no then living descendants, my Trustee shall distribute the remaining trust property as provided in Article Ten of this agreement. E� ij 11-3 + �3 f Article Twelve The Resignation, Replacement, and Succession of My Trustees Section 1. The Resignation of a Trustee Any Trustee may resign by giving thirty days' written notice to me or to my legal representative. If I am not living, the notice shall be delivered to the Trustee, if any, and to all of the beneficiaries then eligible to receive mandatory or discretionary distributions of net income from any trust created under this agreement. If a beneficiary is a minor or is legally incapacitated, the notice shall be delivered to that beneficiary's guardian or other legal representative. C Section 2. The Removal of a Trustee � Any Trustee may be removed by me,'my children, or my other beneficiaries as. follows: a. Removal by Me I reserve the right to remove any Trustee at any time. b. Removal by My Other Beneficiaries After my death or disability, a majority of the beneficiaries then eligible to receive mandatory or discretionary distributions of net income under this agreement may remove any Trustee. �i i� i 12-1 f c. Notice of Removal Neither I, nor an of y m y beneficiaries, need give any Trustee being removed any reason, cause,or ground for such removal. Notice of removal shall be effective when made in writing by either: . Personally delivering .notice to, the Trustee and securing a written receipt, or Mailing notice in the United States mail to the last known address of the Trustee by certified mail, return receipt requested. Section 3. Replacement of Trustees Trustees shall be replaced in the following manner: a. The Death or Disability of a Cotrustee While I Am a Trustee I may serve as a sole Trustee or I may name any number of Cotrustees to serve with me. If a Cotrustee subsequently dies, resigns, becomes legally incapacitated, or is otherwise unable or unwilling to serve as a Cotrustee, I may or may not fill the vacancy,as I choose. b. My Trustees upon My Disability During period that I am g an Y P disabled, LYNN R. HORST acting as my r disability Trustee shall replace my initial Trustee. If the disability Trustee is unwilling or unable to serve, or cannot continue to serve for any other reason, then BYRON W. HORST shall be named as successor disability Trustee. If BYRON W. HORST is unwilling or unable to serve,then I appoint ERIC A. HORST. 'i �i C. My Trustees upon My Death On my death, LYNN R. HORST acting as my death Trustee shall replace my initial Trustee, if he or she is then serving, or the disability 12-2 I 2 i:i Trustee, if he is then serving. If the death Trustee is unwilling or unable to serve, or cannot continue to serve for any other reason, then BYRON W. HORST shall be named as successor death Trustee. d. Successor Trustees If a successor Trustee is unwilling or unable to serve during the period in which I am disabled or after my death, the next following successor Trustee shall serve until the successor Trustees so named have been exhausted. A Trustee may be listed more than once in this Section or an initial Trustee may also be named as a disability Trustee or a Trustee who will j serve upon my death. Naming a Trustee more than once is done as a convenience only and is not to be construed as a termination of that Trustee's trusteeship. e. Unfilled Trusteeship i In the event no named Trustees are available, a majority of the . beneficiaries then eligible to receive mandatory or discretionary C i distributions of net income under this agreement shall forthwith name a corporate fiduciary. If a majority of the beneficiaries then eligible to receive mandatory or discretionary distributions of net income under this agreement cannot agree on a corporate fiduciary, any beneficiary can petition a court of competent jurisdiction, ex parte, to designate a corporate fiduciary as a Trustee. The court that designates the successor Trustee shall not acquire any jurisdiction over any trust created under this agreement, except to the extent necessary to name a corporate fiduciary as a successor Trustee. f� Section 4. Corporate Fiduciaries 1 Any corporate fiduciary named in this trust agreement or appointed by a court of competent jurisdiction as a Trustee must be a bank or trust company situated in the United States having trust powers under applicable federal or state law. r 12-3 k i�l , fj �a Such fiduciary shall have a combined capital and surplus of at least 25 million dollars. Section 5. Powers and Liabilities of Successor Trustee i Any successor Trustee, whether corporate or individual, shall have all of the rights, powers, and privileges, and be subject to all of the obligations and duties, both discretionary and ministerial, as given to the original Trustees. Any successor Trustee shall be subject to any restrictions imposed on the original Trustees. No successor Trustee shall be required to examine the accounts, records, and acts of any previous Trustees. f No successor Trustee shall in any way be responsible for any act or omission to act on the part of any previous Trustees. Section 6. Trustees of the Trusts Established for My Grandchildren Upon the creation of the trusts established for my grandchildren, the parents of each grandchild shall act as trustee of his or.her child's trust. Section 7. Trustees of the Trusts Established for My Great Grandchildren Upon the creation of the trusts established for my great-grandchildren, the parents of each great-grandchild shall act as trustee of his or her child's trust. ?i i 12-4 Article Thirteen General Matters and Instructions with Regard to the Trusteeship Section 1. Use of"Trustee" Nomenclature As used throughout this agreement, the word "Trustee" shall refer to the initial Trustee as well as any single, additional, or successor Trustee. It shall also refer to any individual, corporation, or other entity acting as a replacement, substitute, or added Trustee. Section 2. No Requirement to Furnish Bond My Trustee shall not be required to furnish any bond for the faithful performance of its duties. If a bond is required by any law or court of competent jurisdiction, it is my desire that no surety be required on such bond. Section 3. Court Supervision Not Required All trusts created under this agreement shall be administered free from the active supervision of any court. Any proceedings to seek judicial instructions or a judicial determination shall be initiated by my Trustee in the appropriate state court having original jurisdiction of those matters relating to the construction and administration of trusts. 13-1 rl �1 .l Section 4. My Trustee's Responsibility to Make Information Available to Beneficiaries My Trustee shall report, at least semiannually, to the beneficiaries then eligible to receive mandatory or discretionary distributions of the net income from the various trusts created in this agreement all of the receipts, disbursements, and distributions occurring during the reporting period along with a complete statement of the trust property. The trust's books and records along with all trust documentation shall be available and open at all reasonable times to the inspection of the trust beneficiaries and their representatives. My Trustee shall not be required to furnish trust records or documentation to any individual, corporation, or other entity that is not a beneficiary, does not have the express written approval of a beneficiary, or is not requesting such pursuant to a court order. Section 5. Delegation among the Trustees Any Trustee may delegate to any other Trustee the power to exercise any or all powers granted my Trustee in this agreement, including those which are discretionary, if allowed by law. My delegating Trustee may revoke any such delegation at will. The delegation of any such power, as well as the revocation of any such delegation, shall be evidenced by an instrument in writing executed by the delegating Trustee. 1 As long as any such delegation is in effect, any of the delegated powers may be i exercised by the Trustee receiving such delegation with the same force and effect as if the delegating Trustee had personally joined in the exercise of such power. i i `I I Section 6. Utilization of Substitute Trustee If any Trustee is unwilling or unable to act as to any trust property, my Trustee shall designate, in writing, an individual, bank trust department, or trust company to act as a substitute Trustee with regard to such property. The property being administered by the substitute Trustee, as well as the net income therefrom, shall be distributed or remitted as directed by the delegating Trustee consistent with the terms of this agreement. 13-2 t �l Each substitute Trustee shall exercise all of the fiduciary powers granted by this agreement unless expressly limited by the delegating Trustee in the instrument appointing such substitute Trustee,or by any provision within this Section. Any substitute Trustee may resign at any time by delivering written notice to my Trustee to that effect. Section ?: Trustee's Fee My Trustee shall be entitled to fair and reasonable compensation for the services it renders as a fiduciary. The amount of compensation shall be an amount equal to, the customary and prevailing charges for services of a similar nature during the same period of time and in the same geographic locale. M Trustee shall be reimbursed My ur ed for the reasonable costs and expenses incurred in connection with its fiduciary duties under this agreement. I would like to distribute an additional sum to my Death Trustee of 2% of the value of my estate. This distribution shall be made at the time of my death. C' I Section S. A Majority of Trustees Required to Control When more than two Trustees are acting, the concurrence and joinder of a majority of my Trustees shall control in all matters pertaining to the administration of any trust created under this agreement. If only two Trustees are acting, the concurrence and joinder of both shall be required. When more than two Trustees are acting,any dissenting or abstaining Trustee may be absolved from personal liability by registering a written dissent or abstention i with the records of the trust; the dissenting Trustee shall thereafter act with the other Trustees in any manner necessary or appropriate to effectuate the decision of the majority. f ij Section 9. Successor Corporate Fiduciaries If any bank or trust company ever succeeds to the trust business of any corporate H fiduciary serving as a Trustee under this agreement, whether because of a name 13-3 � r� fC i` change or any other form of reorganization, or if such corporate fiduciary ever Ctransfers all of its existing business to any other bank or trust company, the successor shall thereupon, without any action being required, succeed to the trusteeship as if originally named. Section 10. Early Termination of Trusts Based on Cost If my Trustee shall determine, in its sole and absolute discretion, that any trust created under this agreement has become uneconomical to administer due to the high cost of administration relative to the value of the trust property, my Trustee may terminate such trust or trusts and distribute the trust property, including any accrued but undistributed net income, in the following order: To me if I am then living. Equally among the beneficiaries then entitled to receive discretionary payments of income of the trust,per stirpes. Section 11. Generation-Skipping Tax Provisions In order to minimize the impact of any generation-skipping tax that may be applied to any of the trusts created by this agreement or their beneficiaries, my Trustee, in its sole and absolute discretion, is authorized to take the following actions: a. Division into Exempt and Nonexempt Trusts If any trust created under this agreement would be partially exempt from generation-skipping tax by reason of an allocation of a generation- skipping tax exemption to it, prior to such allocation my Trustee shall divide the total trust assets into two separate trust shares of equal or unequal value, to permit allocation of the exemption solely to one trust share (the "exempt trust"). The exempt trust shall consist of a fractional interest of the total trust assets in an amount necessary to cause the exempt trust to be entirely exempt from generation-skipping tax. The other trust share (the "nonexempt trust') shall consist of the remaining fractional interest of the total trust assets. For purposes of this allocation, assets values as finally determined for federal estate tax I purposes shall be used. 13-4 i �I b: Additions to a Separate Trust CIf a trust under this agreement,gr ement, whether created under this Section or not, is entirely exempt or nonexempt from generation-skipping tax and adding property to it would partially subject the trust to generation- skipping tax, my Trustee may hold that property in a separate trust in lieu of making the addition. c. Terms of the Trusts If my Trustee divides a trust into two separate trust shares or creates a separate trust for additions, the trusts or trust shares that result shall have the same terms and conditions as the original trust. My Trustee shall not make discretionary distributions from the income or principal of the exempt trust to beneficiaries who are nonskip persons as long as any readily marketable assets remain in the nonexempt trust. d. Allocation from an Exempt Trust First Upon division or distribution of an exempt trust and a nonexempt trust, my Trustee may allocate property from the exempt trust first to a share from which a generation-skipping transfer is more likely to occur. e. Taxable Distributions If my Trustee considers that any distribution from a trust under this agreement, other than pursuant to a power to withdraw or appoint, is a taxable distribution subject to a generation-skipping tax payable by the beneficiary, my Trustee shall augment the distribution by an amount which my Trustee estimates to be sufficient to pay the tax and shall charge the same against the trust to which the tax relates. a f. Taxable Terminations G (I If my Trustee considers that any termination of an interest in trust property is a taxable termination subject to a generation-skipping tax, my Trustee shall pay the tax from the portion of the trust property to which the tax relates, without adjustment of the relative interests of the beneficiaries. ;. f f 13-5 ' 77 7 M- 7 �a Article Fourteen My Trustee's Administrative and Investment Powers Section 1. Introduction to Trustee's Powers Except as otherwise provided in this agreement, my Trustee shall have both the administrative and investment powers enumerated under this Article and any other powers granted by law with respect to the various trusts created by this agreement. I Section 2. Powers to Be Exercised in the Best Interests of the Beneficiaries My Trustee shall exercise the following administrative and investment powers without the order of any court, as my Trustee determines in its sole and absolute ! discretion to be in the best interests of the beneficiaries. Notwithstanding anything to the contrary in this agreement, my Trustee shall not exercise any power in a manner inconsistent with the beneficiaries' right to the beneficial enjoyment of the trust property in accordance with the general principles of the law of trusts. Section 3. Administrative and Investment Powers M Trustee is hereby y granted the following administrative and investment powers: f� a. Agricultural Powers My Trustee may retain, sell, acquire, and continue any farm or ranching operation whether as a sole ro rietorshi " P p p, partnership, or corporation. f.: 14-1 l �r I _............_ _. My Trustee may engage in the production, harvesting, and marketing of both farm and ranch products either by operating directly or with management agencies,hired labor,tenants,or sharecroppers. My Trustee may engage and participate in any government .farm program, whether state or federally sponsored. My Trustee may purchase or rent machinery, equipment, livestock, poultry, feed, and seed. My Trustee may improve and repair all farm and ranch properties; construct buildings, fences, and drainage facilities; acquire, retain, improve, and dispose of wells, water rights, ditch rights, and priorities of any nature. My Trustee may, in general, do all things customary or desirable to operate a farm or ranch operation for the benefit of the beneficiaries of the various trusts created under this agreement. t b. Business Powers My Trustee may retain and continue any business in which I have or had an interest as a shareholder, partner, sole proprietor, or as a participant in a joint venture, even though that interest may constitute all or a substantial portion of the trust property. My Trustee may directly participate in the conduct of any such business or employ others to do so on behalf of the beneficiaries. My Trustee may execute partnership agreements, buy-sell agreements, and any amendments to them. My Trustee may participate in the incorporation of any trust property; any corporate reorganization, merger, consolidation, recapitalization, liquidation, dissolution; or any stock redemption or cross purchase buy- sell agreement. i My Trustee may hold the stock of any corporation as trust property, and may elect or employ directors, officers, employees, and agents and compensate them for their services. 1 My Trustee may sell or liquidate any business interest that is part of the trust property. 14-2 fs 4i ,..,,.mss ._.�._�........�,...�....-.._.._____....,_.__.._.. ^� �.�,.a_:_.� _ ._. .. :.. .... . _..,,. .... .� ._,. My Trustee may carry out the provisions of any agreement entered into by me for the sale of any business interest or the stock thereof. My Trustee may exercise all of the business powers granted in this agreement regardless of whether my Trustee is personally interested or an involved party with respect to any business enterprise forming a part of the trust property. c. Environmental Powers My Trustee shall have the power to inspect any trust property to determine compliance with any environmental law affecting such property or to respond to any environmental law affecting property held by my Trustee. "Environmental Law" shall mean any federal, state, or local law, rule, regulation, or ordinance relating to protection of the environment or of human health. My Trustee shall have the power to refuse to accept property if my Trustee determines that there is a substantial risk that such property is contaminated by any hazardous substance or has previously, or is currently, being used for any activities directly or indirectly involving hazardous substances which could result in liability to the trust assets. Y "Hazardous substance" shall mean any substance defined as hazardous or toxic by any federal,state, or local law,rule,regulation, or ordinance. My Trustee shall have the power to take any necessary action to prevent, !. abate, clean up or otherwise respond to any actual -or threatened violation of any environmental law affecting trust property prior to or after the initiation or enforcement of any action by any governmental body. My Trustee may disclaim or release any power granted to it or implied by any document, statute, or rule of law which the Trustee determines "! may cause the Trustee to incur liability under any environmental law. My Trustee may charge the cost of any inspection, review, prevention, abatement, response, cleanup, or remedial action authorized under this power against the trust property. My Trustee shall not be liable to any beneficiary or to any other party for any decrease in value of the trust property by reason of my Trustee's EI compliance with any environmental law, specifically including any t! reporting requirement under such law. 1 14-3 �1 i d. Common Fund Powers For the purpose of convenience with regard to the administration and investment of the trust property, my Trustee may hold the several trusts created under this agreement as a common fund. My Trustee may make joint investments with respect to the funds comprising the trust property. My Trustee may enter into any transaction authorized by this Article with fiduciaries or other trusts or estates in which any,beneficiary hereunder has an interest, even though such fiduciary is also a Trustee under this agreement. e. Compensation Powers My Trustee shall pay from income or principal all of the reasonable expenses attributable to the administration of the respective trusts created in this agreement. My Trustee shall pay itself reasonable compensation for its services as fiduciary as provided in this agreement, and shall reasonably compensate those persons employed by my Trustee, including agents, auditors, accountants, and attorneys. L Distribution Powers My Trustee is specifically authorized to make divisions and distributions of the trust property either in cash or in kind, or partly in cash and partly in kind, or in any proportion it deems advisable. � My Trustee shall be under no obligation or responsibility to make pro rata divisions and distributions in kind. Fj My Trustee may allocate specific property to any beneficiary or share although the property may differ in kind from the property allocated to any other beneficiary or share. i The foregoing g g powers may be exercised regardless of the income tax basis of any of the property. ' 4�4ti rd 14-4 i l �a .a r g. Funeral and Burial Expenses. My Trustee ma y in its sole discretion. pay the funeral and burial expenses, expenses of the last illness; and valid claims and expenses of an income beneficiary of any trust created under this agreement. Funeral and burial expenses shall include, but not be limited to, the cost of memorials of all types and memorial services of such kind as my Trustee shall approve. Valid claims and expenses shall include, but not be limited to,all state and federal death taxes. The payments shall be paid from the assets of the trust or trusts from which the beneficiary was receiving income. h. Income and Principal Powers i My Trustee may determine in a fair, equitable, and practical manner how all Trustee's fees, disbursements, receipts, and wasting assets shall be credited, charged, or apportioned between principal and income. My Trustee may set aside from trust income reasonable reserves for taxes, assessments, insurance premiums, repairs, depreciation, obsolescence, depletion, and for the equalization of payments to or for the beneficiaries; it may select any and all accounting periods with regard to the trust property. t i. Investment Powers in General My Trustee may invest and reinvest in such classes of stocks, bonds, securities, commodities, options, metals, or other property, real or personal,as it shall determine. My Trustee may invest in investment trusts as well as in common trust funds. ii My Trustee may purchase life, annuity, accident, sickness, and medical insurance on the behalf of and for the benefit of any trust beneficiary. j. Life Insurance Powers My Trustee shall have the powers with regard to life insurance as set forth in this Paragraph j, except as otherwise provided in this agreement. 14-5 z 7 f My Trustee may purchase, accept,hold, and deal with as owner policies of insurance on my life,the life of any trust beneficiary, or on the life of ` any person in whom any trust beneficiary has an insurable_interest. My Trustee shall have the power to execute or cancel any automatic premium loan agreement with respect to any policy, and shall have the power to elect or cancel any automatic premium loan provision in a life insurance policy. My Trustee may borrow money with which to pay premiums due on any policy either from the company issuing the policy or from any other source and may assign any such policy as security for the loan. My Trustee shall have the power to exercise any option contained in a policy with regard to any dividend or share of surplus apportioned to the policy, to reduce the amount of a policy or convert or exchange the policy,or to surrender a.policy at any time for its cash value. My Trustee may elect any paid-up insurance or any extended-term insurance nonforfeiture option contained in a policy. My Trustee shall have the power to sell policies at their fair market value to the insured or to anyone having an insurable interest in the policies. i My Trustee shall have the right to exercise any other right, option, or benefit contained in a policy or permitted by the insurance company issuing that policy. Upon termination of any trust created under this agreement, my Trustee shall have the power to transfer and assign the policies held by the trust as a distribution of trust property. k. Loan,Borrowing,and Encumbrance Powers n" My Trustee may loan money to any person, including a beneficiary,with or without interest, on any term or on demand, with or without } collateral, as it deems in the best interests of the trust beneficiaries. My Trustee may borrow money upon such terms and conditions as it shall deem advisable, including, in the case of a corporate fiduciary, the power to borrow from its own banking or commercial department. +. G1 14-6 c t My Trustee shall have the power to obligate the trust property for the repayment of any sums borrowed where the best interests of the beneficiaries have been taken into consideration. My Trustee shall have the power to encumber the trust property, in whole or in part, by a mortgage or mortgages, deeds of trust, or by pledge, hypothecation or otherwise,even though such encumbrance may continue to be effective after the term of any trust or trusts created in this agreement. I. Margin,Brokerage,and Bank Account Powers My Trustee is authorized to buy, sell, and trade in securities of any nature, including short sales and on margin. My Trustee may maintain and operate margin accounts with brokers, and may pledge any securities held or purchased by my Trustee with such brokers as securities for loans and advances made to my Trustee. My Trustee is authorized to establish and maintain bank accounts of all types in one or more banking institutions that my Trustee may choose. m. Mortgage Powers My Trustee shall have the power to enter into any mortgage whether as a mortgagee or mortgagor, to purchase mortgages on the open market, and to otherwise buy, sell,or trade in first or subordinate mortgages. My Trustee may reduce the interest rate on any mortgage and consent to the modification or release of any guaranty of any mortgage. My Trustee may continue mortgages upon and after maturity with or without renewal or extension, and may foreclose any mortgage. My Trustee may purchase the mortgaged property or acquire it by deed from the mortgagor without foreclosure. h n. Nominee Powers 'I My Trustee may hold any trust property in the name of my Trustee, or in the name of a nominee, and may enter into agreements to facilitate holding such property. My Trustee may accomplish such with or without disclosing its fiduciary capacity. E 14-7 t f; o. Nonproductive Property My Trustee may hold property which is non-income producing or is otherwise nonproductive if the holding of such property is, in the sole and absolute discretion of my Trustee, in the best interests of the beneficiaries. p. Oil,Gas, Coal,and Other Mineral Powers My Trustee may do all things necessary to maintain in full force and effect any oil, gas, coal, or other mineral interests comprising part or all of the trust property. My Trustee may purchase additional oil, gas, coal, and other mineral interests when necessary or desirable to effect a reasonable plan of operation or development with regard to the trust property. My Trustee may buy or sell undivided interest in oil,gas, coal,and other mineral interests,and may exchange any of such interests for interests in other properties or for services. My Trustee may execute oil, gas;coal, and other mineral leases on such { terms as my Trustee may deem proper, and may enter into pooling, unitization, repressurization, and other types of agreements relating to the development,operation,and conservation of mineral properties. Any lease or other agreement may have a duration that my Trustee deems reasonable, even though extending beyond the duration of any trust created in this agreement. 1 My Trustee may execute division orders, transfer orders, releases, , assignments, farmouts, and any other instruments which it deems proper. My Trustee may drill, test, explore, mine, develop, and otherwise exploit any and all oil, gas, coal, and other mineral interests, and"may select, employ, utilize, or participate in any business form, including partnerships, joint ventures, co-owners' groups, syndicates, and corporations, for the purpose of acquiring, holding, exploiting, developing, operating, or disposing of oil, gas, coal, and other mineral }i interests. My Trustee may employ the services of consultants or outside r specialists in connection with the evaluation, management, acquisition, ' C—) 14-8 # A4 disposition, or development of any mineral interest, and may pay the cost of such services from the principal'or income of the trust property. My Trustee may use the general assets of the trusts created under this agreement for the purposes of acquiring, holding, managing, developing,pooling, unitizing,repressuring, or disposing of any mineral interest. g. Powers of Attorney My Trustee may execute, deliver, and grant to any individual or corporation a revocable or irrevocable power of attorney to transact any and all business on behalf of the various trusts created in this agreement. The power of attorney may grant to the attorney-in-fact all of the rights, powers,and discretion that my, Trustee could have exercised. r. Powers to Merge Similar Trusts My Trustee may merge and consolidate any trust created in this agreement with any other trust created by me, or any other person at any other time, if the other trust contains substantially the same terms for the same beneficiaries, and has at least one Trustee-in common with the trust or trusts created in this agreement. !) My Trustee may administer such merged and consolidated trusts as a single trust or unit. If,however,such a merger or consolidation does not appear feasible, as determined in the sole and absolute discretion of my Trustee, my Trustee may consolidate the assets of such trusts for %. purposes of investment and trust administration while retaining separate f? records and accounts for the respective trusts. ii s. Powers of an Interested Trustee An interested Trustee is any Trustee who has an interest as a beneficiary in this trust agreement or any trust created by it. in all instances where an interested Trustee distributes, or participates in the distribution, of trust income or principal to or for the benefit of such Trustee, then the #, distribution shall be limited by the ascertainable standards of education, health, maintenance, and support. Notwithstanding anything in this agreement to the contrary,ary, in making such distributions, the interested 14-9 i Trustee shall not use discretion in applying those ascertainable standards. No individual Trustee shall exercise or participate in the exercise of such discretionary power with respect to distributions to any person or persons such individual is legally obligated to support, as to that support obligation. t. Powers of an Insured Trustee Any individual Trustee under this agreement, other than me, is prohibited from exercising any power conferred on the owner of any policy which insures the life of such individual Trustee and which is held as part of the trust property. If my Trustee holds any such policy or policies as a part of the trust property, the powers conferred on the owner of such a policy shall be exercised only by the other then acting Trustee. If the insured Trustee is the only then acting Trustee, then such powers shall be exercised by a substitute Trustee designated pursuant to the provisions of the agreement dealing with the trusteeship. If any rule of law or court decision construes the ability of the insured Trustee to name a substitute Trustee as an incident of ownership, the substitution process shall be implemented by a majority of the then current mandatory and discretionary income beneficiaries, excluding the insured Trustee if the insured Trustee is a beneficiary. 8 u. Real Estate Powers My Trustee may purchase, sell, transfer, exchange or otherwise acquire , or dispose of any real estate. i� My Trustee may make leases and grant options to lease for any term, G' even though the term may extend beyond the termination of any trust { created under this agreement. G ;a My Trustee may grant or release easements and other interests with respect to real estate, enter into party wall agreements, execute estoppel certificates, and develop and subdivide any real estate. 14-10 �3 �w. 4444443,' -^+gym^ ...,..F---n.-----.-.-.•......`.___........_..._....._._._._...__......�.._ My Trustee may dedicate parks, streets, and alleys or vacate any street 1c, or alley, and may construct, repair,alter,remodel, demolish, or abandon improvements. My Trustee may elect to insure, as it deems advisable, all actions contemplated by this subsection. My Trustee may take any other action reasonably necessary for the preservation of real estate and fixtures comprising a part of the trust property or the income therefrom. V. S Corporation Stock If any stock of an S corporation becomes distributable to a trust created under this agreement, and such trust is not a qualified Subchapter S trust, my Trustee may implement any of the following alternatives with respect to the S corporation stock: 1. A Sole Beneficiary ' Where the original trust is for a sole beneficiary, my Trustee may create for that beneficiary a separate trust that qualifies as a Subchapter S trust, and then distribute such stock to the newly created trust. 2. Multiple Beneficiaries Where the original trust is for multiple beneficiaries, my Trustee may divide the trust into separate trusts for each of the beneficiaries. Each newly created trust shall hold that beneficiary's pro rata share of the S corporation stock, and shall qualify as a Subchapter S trust. I �i !i 3. Outright Distribution If circumstances prevent my Trustee from accomplishing the first two alternatives under this paragraph, my Trustee may, in ; its sole and absolute discretion, distribute such stock to the beneficiaries as if the trust had terminated,while continuing to hold any other non-S corporation property in trust. f 14-11 r t, �r f P� Each newly created. S corporation trust shall have mandatory distributions of income and shall not provide for powers of appointment that can be exercised by the beneficiary during the beneficiary's lifetime. In all other respects, the newly created trusts shall be as consistent as possible with the original trusts and still qualify as Subchapter S trusts. My Trustee may take any action necessary with regard to S corporations, including making any elections required to qualify stock as S corporation stock, and may sign all required tax returns and forms. w. Sale,Lease,and Other Dispositive Powers My Trustee may sell, lease, transfer, exchange, grant options with respect to, or otherwise dispose of the trust property. My Trustee may deal with the trust property at such time or times, for such purposes, for such considerations and upon such terms, credits,and conditions, and for such periods of time, whether ending before or after the term of any trust created under this agreement, as it deems advisable. My Trustee may make such contracts, deeds, leases, and any other Cy instruments it deems proper under the immediate circumstances, and may deal with the trust property in all other ways in which a natural person could deal with his or her property. x. Securities Powers In addition to those other securities powers granted throughout this Article, my Trustee may retain, exercise, or sell rights of conversion or subscription with respect to any securities held as part of the trust property. My Trustee may vote or refrain from voting at corporate meetings either in person or by proxy, whether general or limited, and with or without substitutions. Y. Settlement Powers My Trustee may compromise, adjust, arbitrate, alter the terms of, or i abandon any claim in favor of or against any trust created under this agreement, and may take deeds in lieu of foreclosure. 14-12 4$ z. Trust Addition and Retention Powers My Trustee is authorized to receive a dditional trust property, whether by gift, will, or otherwise, from either me or any other person, corporation, or entity, i Upon receipt of any additional property, my Trustee shall administer and distribute the same as part of the trust property. My Trustee may retain, .without liability for depreciation or loss resulting from such retention, all property constituting the trust estate at the time of its creation or thereafter received from other sources. The foregoing shall be acceptable even though such property may not be E of the character prescribed by law for the investment of trust funds or may result in inadequate diversification of the trust property. an. Trustees' or Fiduciaries'Powers Acts 4 In addition to all of the powers specifically granted my Trustee in this. Article, my Trustee may exercise those powers set forth under the Trustees' or Fiduciaries' Powers Acts, or their equivalent, of the State of C i Pennsylvania, together with any amendment to such laws. My Trustee may perform every act reasonably necessary to administer each and every share or trust created under this agreement. All of the powers granted to my Trustee in this Article shall be in addition to those powers conferred upon Trustees under all applicable state and federal statutes. Each power conferred upon my Trustee under this Article, or upon Trustees in general, by applicable state or federal statutes, shall be subject to any express limitations or contrary directions contained in this agreement. 'i 14-13 t f r: r. k E: Article Fifteen Definitions and General Provisions Section 1. Definitions For purposes of this agreement, the following words and phrases shall be defined as follows: a. Adopted and Afterborn Persons i Persons who are legally adopted while they are under 18 years of age (and not those persons adopted after attaining 18 years of age) shall be treated for all purposes under this agreement as though they were the naturally born children of their adopting parents. An afterborn person is a descendant of mine who is born after the date that I sign this agreement. A child in gestation who is later born alive } C1, shall be considered a child in being throughout the period of gestation. b. Descendants A person's descendants shall include all of his or her lineal descendants through all generations. A descendant in gestation who is later born alive shall be considered a descendant in being throughout the period of gestation. An adopted person, and all persons who are the descendants by blood or 1j by legal adoption while under the age of 18 years of such adopted person, shall be considered descendants of the adopting parents as well f as the adopting parents' ancestors. !! I c. Per Stirpes Distributions Whenever a distribution is to be made to a person's descendants, per stirpes: �i ri t� 15-1 i '9 The distributable assets are to be divided into as many shares as there are then living children of such person and deceased children of such person who left then living descendants. Each then living child shall receive one share and the share of each deceased child shall be divided among such child's then living descendants in the same manner. d. Education ' As used in this trust, "education"shall include: Any course of study or instruction at an accredited college or university granting undergraduate or graduate degrees. Any course of study or instruction at any institution for specialized, vocational, or professional training. Any curriculum offered by any institution that is recognized for purposes of receiving financial assistance from any state or federal agency or program. CY Any course of study or instruction which may be useful in preparing a beneficiary for any vocation consistent with the beneficiary's abilities and interests. Distributions for education may include tuition, fees, books, supplies, ' living expenses, travel, and spending money to the extent that they are reasonable. ' i!. e. Personal Representative 4: For the purposes of this agreement, the term "personal representative" shall include an executor, administrator, guardian, custodian, conservator, Trustee, or any other form of personal representative. €' a E Disability ,r r Except as otherwise provided in this agreement, any individual may be treated as disabled, incompetent, or legally incapacitated if: } 15-2 { i The individual has been declared or adjudicated as such by a court of competent jurisdiction,or A guardian, conservator, or other personal representative of such individual's person or estate has been appointed by a court of competent jurisdiction,or The individual has been certified as such in writing by at least two licensed physicians, or The individual has disappeared or is absent for unexplained reasons, or the individual is being detained under duress where the individual is unable to effectively manage his or her property or financial affairs. J Section 2. The Rule Against Perpetuities Unless sooner terminated by the express provisions of this agreement, each trust created in.this agreement shall terminate twenty-one years after the death of the last survivor of the group composed of me and those of my descendants living at the time of my death. At that time, the property held in trust shall be discharged of any further trust, and shall immediately vest in and be distributed to those persons entitled to receive or have the benefit of the income from the respective trust. For purposes of distributions under this Section only, it shall be presumed that any person then entitled to receive any discretionary payments of the income of a separate trust is entitled to receive all of the income, and it shall be presumed that any class of persons entitled to receive discretionary payments of income is entitled to receive all of such income. Il Section 3. Protective Clause To the fullest extent permitted by law, the interests of all the beneficiaries in the various trusts and trust property subject to this agreement, except for my interest therein while I am living, shall not be alienated, p iledged, anticipated, assigned, or encumbered unless specifically authorized by the terms of this agreement. Such interests, while they remain trust property, shall not be subject to legal process or to the claims of any creditors. Ef 15-3 H Section 4. Maintaining Property in Trust If, on the termination of any separate trust created under this agreement, a final distribution is to be made to a beneficiary for whom my Tnzstee holds a trust created under this agreement, such distributions shall be added to such trust rather than being distributed. Section 5. Contest Clause If any person, including a beneficiary,other than me, shall in any manner, directly or indirectly, attempt to contest or oppose the validity of this agreement,including any amendments thereto, or commences or prosecutes any legal proceedings to`set this agreement aside, then in such event such person shall forfeit his or her share, cease to have any right or interest in the trust property, and shall be deemed to have predeceased me. Should any person disclaim his or her interest, in whole or in part, in any trust created for his or her benefit in this trust agreement, the result of which would be for that person to receive trust property'free of trust earlier than provided by the terms of the trust,then the disclaiming person shall forfeit his or her interest in the trust, shall cease to have any right or interest in the trust property, and shall be deemed to have predeceased me. Section 6. Changing the Trust Situs After my death, the situs of this agreement may be changed by the unanimous consent of all of the beneficiaries then eligible to receive mandatory or discretionary distributions of net income under this agreement. If such consent is obtained, the beneficiaries shall notify my Trustee in writing of such change of trust situs, and shall if necessary designate a successor corporate fiduciary in the new situs. This notice shall constitute removal of the current rs Trustee if appropriate, and any successor corporate Trustee shall assume its duties as provided under this agreement. A change in situs under this Section shall be final and binding, and shall not be subject to judicial review. :s �=1 15-4 I ,Y f -�.-n--a- ...-..-.._-..........................._.-_.,._..... .. Section 7. General Matters The following general matters of construction shall apply to the provisions of this agreement: a. Construction Unless the context requires otherwise, words denoting the singular may be construed as denoting the plural, and words of the plural may be construed as denoting the singular. - Words of one gender may be construed as denoting another gender as is appropriate within such context. b. Headings of Articles,Sections, and Paragraphs The headings of Articles, Sections, and Paragraphs used within this agreement are included solely for the convenience and reference of the reader. They shall have no significance in the interpretation or construction of this agreement. �l c. Notices All notices required to be given in this agreement shall be made in writing by either: Personally delivering notice to the party requiring it, and securing a written receipt, or Mailing notice by certified United States mail, return receipt requested, to the last known address of the party requiring notice. 11 The effective date of the notice shall be the date of the written receipt or the date of the return receipt, if received, or if not,the date it would have normally been received via certified mail, provided there is evidence of iJ mailing. f a d. Delivery I` For purposes of this agreement"delivery"shall mean: Ki 15-5 Personal delivery to any party,or Delivery b certified United Y States mail, return receipt requested to the party making delivery. . The effective date of delivery shall be the date of personal delivery or the date of the return receipt, if received, or if not,the date it would have normally been received via certified mail, provided there is evidence of mailing. e. Applicable State Law The validity of this trust shall be determined by reference to the laws of the State of Pennsylvania. Questions with regard to the construction and administration of the various trusts contained in this agreement shall be determined by reference to the laws of the state in which the trust is then currently j being administered. i L Duplicate Originals C). This agreement may be Y executed in several counterparts; each counterpart shall be considered a duplicate original agreement. g. Severability If any provision of this agreement is declared by a court of competent jurisdiction to be invalid for any reason, such invalidity shall not affect the remaining provisions of this agreement.gr The remaining provisions shall be fully severable, and this agreement shall be construed and enforced as if the invalid provision had newer been included in this agreement. r r� i o. 15-6 i h� S I have executed this restatement on May 11, 2009. I certify that I have read my foregoing restatement to my revocable living trust agreement, and that it correctly states the terms and conditions under which my trust property is to be held, managed, and disposed of by my Trustee. I approve this restatement to my revocable living trust in all particulars, and request my Trustee to execute it. KATHRYN J. ORST; rustma er and Trustee L4 R. HORST, Trustee STATE OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) ss. The foregoing restatement to this living trust agreement was acknowledged bef me on May 11,2009, by KATHRYN J. HORST, as Trustmaker and Trustee. ' ore Witness my hand and official seal. ��` COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL NOTARY PUBLI Aaron C.Jackson,Notary Public Upper Allen Township,Cumberland Comely MY commission expires May 07,2011 STATE OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) ss. �J The foregoing restatement to this living i, mg trust agreement was acknowledged before me on May 11, 2009, by LYNN R. HORST as Trustee. r- �i' Witness my hand and official seal. NOTARY PUBLI COIvDu10NWEALTH OF PENNSYLVANIA NOTARIAL SEAL Aaron C.Jackson,Notary Public Upper Allen Township,Cumberland County my commission expires May 07 2011 l 15-7 ' INVENTORY REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS File Number 21 12 0959 Personal Representative(s)of the Estate of KATHRYN J HORST AKA KATHRYN W AKA KATHRYN J WIEAND HORST deceased,depose(s)and say(s)that the items appearing in the following inventory include all of the personal assets wherever situate and all of the real estate in the Commonwealth of Pennsylvania of said Decedent,that the valuation placed opposite each item of said inventory represents its fair value as of the date of the decedent's death,and that Decedent owned no real estate outside of the Commonwealth of Pennsylvania except that which appears in a memorandum at the end of this inventory. 1 verify that the statements made in this Inven- tory are true and correct. I understand that false state- LYN R. HORST, EXECUTOR ments herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Attorney -- (Name) DAVID H STONE, ESQUIRE (Supreme COurtI.D. No.) 39785 (Address) 414 BRIDGE STREET NEW CUMBERLAND PA 17070- (Telephone) (717) 774-7435 DATE OF DEATH LAST RESIDENCE DECEDENTS SOC.SEC.NO. 5225 WILSON LANE 8/26/2012 MECHANICSBURG PA 17055 211-24-2350 FIGURES MUST BE TOTALED Asbury Comm.-overpayment of Bethany Village stay 513.00 Judgment Note to Byron Horst dtd 7-11-04 & 5-1-12 balance due 17,000.00 Judgment Note to Jamie Riley dtd 9-20-06 balance due 6,000.00 Judgmt Note to Sara Schweitz dtd 8-25-04 & 1-18-05 balance due 8,730.00 Omnicare-refund X w rrn rn 789.78 C> zz c'> -c to = Unclaimed property received r ry 10.35 rn � � - .� c rn cn o (Attach additional sheets as needed) TOTAL: 33,043.13 NOTE: The Memorandum of real estate outside the Commonwealth of Pennsylvania may,at the election of the personal representative include the value of each item,but such figures should not be extended into the total of the Inventory.(See 20 Pa.C.S.§3301(b)) Forin RW-09 rev. 10.13.06 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : . ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: September 28, October 5, and October 12, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. r ,. Lisa Marie Coyne, Editor SWOR14'T6 AND SUBSCRIBED before me this 12 day of October, 2012 - - - C Notary Horst, Kathryn J. a/k/a Kathryn W.Horst a/k/a Kathryn J.Wie- and Horst,dec'd. Late of Mechanicsburg Borough. Executor:Lynn R.Horst,52 Shell- ` bark Court,Carlisle,PA 17015. Attorneys: David H. Stone, Es- ` NOTARIAL SEAL quire, Stone LaFaver & Shek- pBQRAH A COLLINS letski, P.O. Box E, New Cumber- Notary Public land, PA 17070. J OARLIBLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Jackie Cox,Sales Director, of The Sentinel, of the County and State aforesaid,being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle,County and State aforesaid,was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): September 14, 21 &28, 2012 COPY OF NOTICE OF PUBLICATION F(, XECUTOR'S NOTICE stamentary on the Estate of KATHRYN J.HORST a/k/a KATHRYN,r Affiant further deposes that he/she is not RST a/k/a KATHRYN J.WIEEND HORST,late of Mechanicsburg ,' h,Cumberland County and Commonwealth of Pennsylvania, interested in the subject matter of the ed,have been granted to the undersigned. s indebted to the said Estate are requested to make immediate aforesaid notice Or advertisement, and that nt and those having claims will present them without delay to: all allegations in the foregoing statement as Lynn R.Horst to dine,place and character of publication 52 Shellbark CouH. Carlisle,PA 17015, are trueShekletski,Esquire aver&Shekletski P.O.Box E New Cumberland,PA 17070 Sworn to and subscribed before me this Z ZDJ-Z Notary Public My commission expires: NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY illy Commission Expires Jan 27, 2014 Proposed Distribution for the Estate of Kathryn J Horst aka Kathryn W Horst aka Kathryn J Wieand Horst Distribution of Estate $517, 969 . 63 Lynn R Horst 160 Total distribution $82 , 875 . 14 Cash Dist . made 20 , 000 . 00 Total Distribution $62, 875 . 14 Byron W. Horst 16% Total distribution $82 , 875 . 14 Cash Dist . made 23 , 000 . 00 Total Distribution $59, 875. 14 Ethan C. Horst 16% Total distribution $82, 875 . 14 Cash Dist . made 20, 000 . 00 Total Distribution $62, 875 . 14 Eric A. Horst 16% Total distribution $82 , 875 . 14 Cash Dist . made 20, 000 . 00 Total Distribution $62, 875. 14 Sara Schweitz 1/9 of 22 . 50 $12, 949 .24 Jamie Riley 1/9 of 22 . 5% $12, 949 .24 Michelle Dawn Horst 1/9 of 22 . 5% $12, 949 . 24 Jeremy Paul Horst 1/9 of 22 . 5% $12, 949 . 24* Alicia Faith Deglopper 1/9 of 22 . 5% $12, 949 . 24 Distribution of Estate Con' t Amos Ethan Horst 1/9 of 22 . 5% $12, 949 .24 Joshua Allen Horst 1/9 of 22 . 5% $12, 949 .24 Benjamin Allen Horst 1/9 of 22 . 5% $12, 949 .24* William F. Horst 1/9 of 22 . 5% $12, 949 . 24* Daybreak Church 1% $ 5, 179 .70 New Life Baptist Church 1% $ 5, 179 .70 Mount Zion Luth Church 1% $ 5, 179 .70 St Johns Episc Church 1% $ 5, 179 .70 Cory A. Gardner 1 . 5% $ 7, 769 . 54* Colin D. Gardner 1 . 5% $ 7, 769 . 54* Grace Riley 1/6 of 2% $ 1, 726 . 56* Joseph Schweitz 1/6 of 2% $ 1, 726 . 56* Conner D. Jumper 1/6 of 2% $ 1, 726. 56* Tyler James Nuttle 1/6 of 2% $ 1, 726 . 57* Alexis Grace Horst 1/6 of 2% $ 1, 726 . 57* Chloe Faith Deglopper 1/6 of 2% $ 1, 726 . 57* Jekyll Island Meth Church 1% $ 5, 179 .70 Mennonite Central Committee . 5% $ 2, 589 . 85 Evangelical Lutheran Church in America (formerly Lutheran world Action) . 506 $ 2, 589 . 85 Biblica (formerly Int . Bible Society) . 5% $ 2, 589 . 85 Map International (formerly Map Int . of Brunswick, GA . 5% $ 2 , 589 . 85 Distribution of Estate Con' t Lutheran Camping Corp . 5a $ 2, 589 . 85 Muhlenberg College . 50 $ 2, 589 . 85 Lutheran Theological Seminary of Gettysburg, PA . 50 $ 2, 589 . 84 Total Distribution $517 , 969 . 63 Balance in account $ . 00 *Pursuant to Article Nine, Section 2 .e and 2 . i and Article Ten, Section 3 , distributions to Grandchildren and Great Grandchildren shall be held in further trust with one half to be distributed at age 21 and one half at age 31 . Distributions are to be made to the parent of such Grandchild or Great Grandchild as such Trustees pursuant to Article Eleven, Section 6 and Section 7 .