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Home My WebLink About09-12-14 �/✓ IV1 �'✓ ��1�' 7 DECEDENT'S ESTATE C ° �, m O �7 Cj p 'U P-`�,.i� �`�? d �;i � � -v :.�� --� .__� c� COURT OF COMMON PLEAS OF ,�- �': ' � F—' �r� �� t`' N _� L.� CUMBERLAND COUNTY, PENNSYLVAI�1��'' -, a�, ORPHANS' COURT DIVISION � ` � � �� ' � � �.. �=, ':a �—' r" m _�, .._� r--- � c� ,o .. �__,, ESTATE OF MILDRED L. FEENEY , DECEASED No. 2013-00447 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 s��ace is insufficient, riders may be attached. Attach the spouse's election, if 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: Robert R. Church, Esq. Supreme Court I.D.No.: 40385 Name of Law Firm: Keefer Wood Allen& Rahal, LLP Address: 417 Walnut Street, 4th Floor, P.O. Box 11963, Harrisburg, PA 17108-1963 Telephone: ��17) 255-8059 Fax: (717�255 8050 - rormoc-n� Ye��. in.�3.o6 Page 1 of 10 � C� Estate of MILDRED L. FEENEY , Deceased 1. Name(s) and address(es) of Petitioner(s): �,ame: Robert R. Church,Esq. ,Co-Executor and as Successor Trustee U/A 3-20-98 Address: P•�. BOx 11963 Hanisburg,PA 17108-1963 Identify any executors or administrators who have not joined in the Petition for Adjudication and Statement of Proposed Distribution and state reason: George A. Seamands,Co-Executor and Trustee U/A 3-20-98 resigned his fiduciary positions on 10/19/13. Is this the first accounting by this fiduciary? . . . . . . . . . . . . . . . . . . . . . �Yes � No If not, identify prior accountings,the accounting periods covered, and the date of adjudication of the prior accounting. 2. Decedent died on March 31, 2013 m Letters Testamentary or �Letters of Administration were granted to Petitioner(s) on April 18,2013,including George A.Seamands as (;o-Executor Date of Will (if applicable): March 20, 1998 Date(s) of Codicil(s) (if applicable): None 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? . . . . . . . . , 0 Yes �No Dates of advertising of the grant of Letters: The Sentinel on 4/23/13,4/30/13, and 5/7/13; and Cumberland Law Journal on 5/3/13, 5/10/13, and 5/17/13. For•m OC-01 rev. 10.13.06 Page 2 Of 1� Estate of MILDRED L. FEENEY , Deceased 3. Was decedent survived by a spouse? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �Yes �No If yes, name of the surviving spouse: 4. Has the surviving spouse filed to take an elective share? . . . . . . . . . . . . . �Yes �No (See Section 2201 et s�. 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 (if none, so state): 6. Did decedent marry after execution of Will or Codicil(s)? . . . . . . . . . . . �Yes � 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: 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? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �Yes 0 No Form OG01 rev. 10.I3.06 PagO 3 Of 10 Estate of MILDRED L. FEENEY , Deceased 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 Parry in/nterest I Relationship and Comments,if any I /nterest Terri Pontes niece 6.6%,but not more 2774 Bucklepost Crescent than$7,000 Mississauga, On., LSN IXS Canada Carol Ann Davies niece 6.6%, but not more R.R. #3 Station Main, Hwy. than$7,000 118E, #3000, Bracebridge, On., P 1 L IXI Canada FoYm oc-oi rev. !0.13.06 Page 4 of 10 Estate of MILDRED L. FEENEY , Deceased Name and Address of Each Parry in lnterest I Re(adonship and Comments if an}� I /nterest Brendan F. and Mary E. Feeney brother/sister-in-law 29.7%,but not more 17 Hagar Street than $31,500 Newton Lower Falls, MA 02462 Continued on attached See attached See attached Addendum Addendum Addendum 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 FoYmoc-nr re,�. �o.r3.n6 Page 5 of 10 Estate of MILDRED L. FEENEY , Deceased 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 ojEach Claimant Amount of Claim Claim Will Claim Admitted? Be Paid In Full? * Mrs. Terri Pontes (niece) $10,000* �Z'es �Yes 2774 Bucklepost Crescent �No m No Mississauga, On., LSN IXS Canada * Mrs. Carol Ann Davies (niece) $5,000 � ��'es �Yes R.R. #3 Station Main �No �No Hwy. 118E, #3000 Bracebridge, On. P 1 L IXI Canada Ms. Maria T. Rosito (friend) $10,000 ��'es �Yes 2821 Chatham Way �No �No Harrisburg, PA 17110 DYes �Yes �No �No * NOTE: Terri Pontes and Carol Ann Davies each executed thai certain Receipt,Release,Refunding and Indemnity Agreement for Pre-Residuary Distributions from Estate and Trust,dated September 6,2013,and thereby released their checks)from the Decedent. If the estate is insolvent, attach a schedule setting forth the order of preference under 20 Pa.C.S. § 3392 and the proposed payments. l 1. Was family exemption claimed? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �Yes �No Was family exemption allowed? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �Yes ONo Family exemption claimant's name and relationship: Name: Relatronship.• FoYmoc-ni Ye��. in.i3.n6 Page 6 of 10 Estate of MILDRED L. FEENEY , Deceased 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 /nterest �7��1�2�13 1d,[�SQ.QQ PecuniaryLegaciestolndividuals 1 1��7�2013 SS�.QQ Pecuniary Legacies to Individuals 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? . . . . . . . . . . . . . . . . . . . �Yes �No 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. 14. A. Describe in detail any questions requiring adjudication and state the position of the Petitioner(s) as to each question: See attached Addendum. B. Has notice of the question requiring adjudication been given to the parties identified in Paragraph 9 above? . . . . . . . . . . . . . . . . . . �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 MILDRED L. FEENEY , Deceased l6. Had the decedent been adjudicated an incapacitated person? . . . . . . . . . . 0 Yes m No If yes, attach a copy of the Order if available; otherwise state the Court,term, number, date, and name of Hearing Judge. 17. A. List or attach a separate list of additional receipts and disbursements since the closing date of the Account. None B. Has notice of the additional receipts and disbursements been given to the parties identified in Paragraph 9 above? . . . . . . . . . . . . . �Yes �No N/A 18. If a reserve is requested, state amount and purpose. None Amount: Purpose: If a reserve is requested for counsel fees, has notice of the amount of fees to be paid from the reserve been given to the parties in interest? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �Yes � ,�No If so, attach a copy of the notice. 19. Is the Court being asked to direct the filing of a Schedule of Distribution? . . . . . . . . . . . . . . . . . . . . . . . . . . �Yes �No As to real estate only? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �Yes �No Form OGOI rev. 10.13.06 Page 8 of 10 Estate of MILDRED L. FEENEY , Deceased Wherefore, your Petitioner(s) ask(s) that distribution be awarded to the parties entitled and suggest(s)that the distributive shares of income and principal (residuary shares being stated in proportions, not amounts) are as follows: A. Income: Proposed Distributee(s) Amount/Proportion The Military Officers'Association of America Scholarship Fund,of $ None (50%) Alexandria,Virginia The Hospice Fund of the Veterans Administration Medical Center,of c� N�n (50�j�� Lebanon,Pennsylvania TOTAL None B. Principal: Proposed Distributee(sJ AmounUProportion The Military Officers'Association of America Scholarship Fund,of $94,901.80 (Spo�� Alexandria,Virginia The Hospice Fund of the Veterans Administration Medical Center,of $94,901.81 (50%) Lebanon,Pennsy vania TOTAL $189,803.61 Submitted By: (flll petitioners must sign. Add additional lines if necessary): � � �� ^ N 1TT10 Of P0tlt1011OC:Robert R.Church,Co-Executor and as Successor Trustee U/A 3-20-98 Name of Petitioner: F�Ym oc-nr re,�. �o i3.n6 Page 9 of 10 Estate of MILDRED L. FEENEY , Deceased Verifcation of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that heishe he is aae Co-Executor and Successor Trustee U/A 3-20-98 of the above-named��y�� ES`ate a°a T�S` 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). �� . Signature of Petitioner Robert R.Church,Esq.,Co-Executor and Successor Trustee U/A 3-20-98 *Corporate petitioners must complete bracketed injormation. Certification of Counsel The undersigned counsel hereby certifies that the foregoing Petition for Adjudication/ Statement of Proposed Distribution is a true and accurate reproduction of the form Petition authorized by the Supreme Court, and that no changes to the form have been made beyond the responses herein. � �� Signature of Counsel for Petitioner Robert R.Church,Esq. Fo��moc-ol re,�. �n.�s.n6 Page 10 of 10 ADDENDUM TO PETITION FOR ADJUDICATION/ STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa.O.C. RULE 6.9 Name of Estate: Estate of Mildred L. Feeney, Deceased No. 2013-00447 Additional Information Re: Page 5,#9A. Name and Address of Each Parry Relationship and Comments Interest Robert P. and Eileen M. Feeney brother/sister-in-law 29.7%, but not more than 42 Donica Road $31,500 York, ME 03909 Frank and Margaret Graham, friends 6.6%, but not more than $7,000 presumed deceased The American Red Cross charitable organization $7,000, for use in its disaster 1804 N. 6`h Street relief fund Harrisburg, PA 17102 I The Salvation Army charitable organization $7,000, for use in its disaster 1122 Green Street relief fund Harrisburg, PA 17102 Hospice Fund of the Veterans charitable organization 50% of Residue of Estate/Trust Administration Medical Center 1700 South Lincoln Avenue Lebanon, PA 17042 Military Officers' Association of charitable organization 50% of Residue of Estate/Trust America Scholarship Fund 201 N. Washington Street Alexandria, VA 22314 I Additional Information Re: Page 7,#14A. Matters Requiring Adjudication: (1) Petitioner seeks court approval far Petitioner's decision not to deliver and honor certain uncashed checks of the Decedent, totaling $25,000, described above as unpaid claims, because these checks were signed by the Decedent(pre-mortem) and left undated, and were never delivered to the donees nor deposited in the donees' bank accounts before the date of death; (2) Petitioner seeks court determination that Frank and Margaret Graham are presumed deceased, due to Petitioner's inability to locate these individuals, following diligent inquiry; (3) Petitioner seeks court approval for Petitioner to treat the $7,000 pecuniary legacy of Frank and Margaret Graham as having lapsed due to their presumed deaths; (4) Petitioner seeks court approval of Petitioner's First and Final Account of the Estate of Mildred L. Feeney, deceased (the "Estate"), and of the Trustee's First and Final Account for the Thomas J. and Mildred L. Feeney Trust Under Agreement dated September 12, 1997 (the "Trust"), accounting for trust administration from the Settlor's date of death, March 31, 2013; (5) Petitioner seeks court approval far Petitioner, as Executor and as successor Trustee, to terminate the Trust and to make final distribution of the remaining funds on hand per the filed Estate Account equally to the two residuary beneficiaries of the Trust; (6) Petitioner seeks discharge as Co-Executor and as successor Trustee; and (7) Petitioner also requests discharge of George A. Seamands as Co-Executor and as Successor Trustee of the Trust U/A 3-20-98. Petitioner's Position as to Each Question: (1) According to George A. Seamands, who resigned as Co-Executor and as Trustee on October 17, 2013, the Decedent gave him three checks in early 2013, instructed him to date them upon her death and to deliver them to each of the donees, in fulfillment of the Decedent's desire for Maria Rosito to receive $10,000, for Terri and Norman Pontes to receive $10,000 (combined), and for Carol Davies to receive $5,000 (collectively, the "Donees"), in addition to the amounts otherwise provided for Terri and Carol in the Decedent's Will and Trust Agreement. As the residue of the Decedent's Estate/Trust passes to two charitable organizations, the Office of Attorney General, Charitable Trusts and Organizations Section(the "AG"), has responsibility to supervise the administration and closing of the Estate/Trust. Accordingly, Petitioner corresponded with Heather Vance-Rittman, Assistant Attorney General to obtain the AG's guidance regarding these three uncashed checks. In response, Ms. Vance-Rittman objected to delivery of these uncashed checks, and called Petitioner's attention to a recent case with similar facts in Centre County, Pennsylvania. In that case, Barraclou�h, the Orphans' Court Division of Centre County agreed with the AG and denied payment for a $107,000 uncashed check. In Barraclou�h, the decedent gave a completed check for $107,000 to the donee shortly before his death, but the check was not deposited, and did not clear the donee's bank account, until after the date of death. Moreover, the facts of Barraclough are more favorable to the donees in that case (who still lost in court) than are the facts here; the Decedent did not date the checks, nor did the Decedent personally deliver the checks to the Donees, as did the decedent in Barraclou�h. For the foregoing reasons, with Mr. Seamands' authorization and consent, Petitioner marked these three checks "void." Therefore, Petitioner believes that these uncashed checks are not valid negotiable instruments, and that Petitioner acted properly to void them. (2) Despite repeated efforts to locate Frank and Margaret Graham, Petitioner is unable to locate these individuals, nor verify whether they are still living. To the best of Petitioner's knowledge, Frank and Margaret Graham no longer reside at the only� address Petitioner is aware of for them. In support, the Notice to Current Trust Beneficiaries, dated May 1, 2013, sent to that address was returned as undeliverable. Moreover, because Frank and Margaret Graham reside in a foreign country (Canada), Petitioner is greatly limited in his ability to seek out and locate any records or other documentation indicating where, or whether, these individuals are living. Consequently, Petitioner believes and therefore avers that Petitioner has satisfied his duty to make reasonable efforts to locate these individuals, to no avail. (3) For the reasons explained above, Petitioner has been unable to determine whether Frank and Margaret Graham are still living. Accordingly, Petitioner believes that Frank and Margaret Graham are deceased. For that reason, Petitioner asserts that the $7,000 pecuniary legacy of Frank and Margaret Graham lapsed, under the terms of the Trust Agreement. (4) Article Second of the Decedent's Last Will and Testament, dated March 20, 1998 (the "Will"), provides in pertinent part as follows: SECOND: I give, devise and bequeath the rest, residue and remainder of my estate, real and personal, to the Trustee of that certain Revocable Trust Agreement . . . dated September 12, 1997, as revised and restated in its entirety on even date herewith. The Trustee shall add the property bequeathed and devised by this Article to the principal of such Trust and shall hold, administer and distribute such property in accordance with the provisions of such Trust Agreement, as amended. By that certain Instrument dated March 20, 1998, the Decedent and her late husband, Thomas J. Feeney, as Co-Settlors of the Trust, revised and restated the Trust Agreement in its entirety, pursuant to their retained powers of amendment and revocation. By that certain Sole Amendment dated September 12, 2000, and subsequently by that certain Second Amendment dated September 14, 2001,the Decedent and her late husband, as Settlors of the Trust, further amended the Trust Agreement in certain particulars, pursuant to their retained powers of amendment and revocation. Under the terms of the Trust Agreement, as amended, the Trust became irrevocable in 2003, upon the death of the Decedent's late husband. George A. Seamands resigned as Co-Executor and as Trustee on October 17, 2013, and, at the same time, Petitioner accepted appointment as Sole Executor and as successor Trustee. On October 31, 2013, Petitioner paid in full those pre-residuary individual and charitable beneficiaries named in the Trust Agreement, in accordance with the terms of the Will and the Trust Agreement, except for two Seven Thousand Dollar($7,000) legacies provided to those individuals whom Petitioner believes or knows to be deceased. Therefore, only the two residuary charitable beneficiaries named in the Trust Agreement remain to be paid Accordingly, Petitioner requests court approval of Petitioner's First and Final Accounts of the Estate,/Trust, which are filed herewith. (5) For the reasons explained above, Petitioner believes that court approval is appropriate for Petitioner, as Executor and as Successor Trustee, to terminate the Estate/Trust and to make a final distribution of the remaining principal and income thereof to the two named residuary charitable beneficiaries of the Trust. (6) For the reasons explained above, Petitioner believes that Petitioner has properly discharged his fiduciary duties as Executor and as Successor Trustee and, accordingly, Petitioner believes that court approval is appropriate for both Petitioner and also for George A. Seamands to be discharged as Co-Executor and as Successor Trustee of the Trust U/A 3- 20-98. 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 Iegal 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: Ma.�av 10 and May 17 2013 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. , _ �)� � _ (.C,.., Li Maxie Coyne, Edit r SWORN TO AND SUBSCRIBED before me this 17 day of Ma .Y 2013 1 � Notary Feeney,Mildred L.,dec'd. Late of Upper Allen Township. Co-Executors: George A. Sea- „�,�,�,,.�,� mends and Robert R. Church. NOTARIAL SEAL Attorneys: Keefer Wood Allen & pE��RAH A COLLINS Rahal,LLP,P.O.Box 11963,Har- Npx��y public risburg,PA 17108-1963. CARLISLE 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 13�,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): April 23,30&May 7,2013 COPY OF NOTICE OF PUBLICATION ._, � �o#�� .� � °� �' � � �a�{e��rnen{8ry�.i�y,pyaF�aEe�fiMf#,ptRF�bt,�EENEY,a�� ` 'te Affiant further deposes that he/she is not � Afl� 1`ANBA'I�O�$H�1�'r��lf'19t1dCi0{!fl -�P�8M3y1Wdltie.(diluF ptCh � ��,h,��,�,,�,,�„��,��,,,�,��/e�. � interested in the subject matter of the ,�i�p�„�;i„�;,e�,�� ",aw i�;�,�are„�„ea�,��ma�e,mm$a�a� af oresaid notice or advertisement,and that p8�ment,and th��4�9��s wiU pre�sent#,r without d�$Y,�,; �:: � .: all allegations in the foregoing statement as ts�t;�� n s�un�nds,Co-exQ�u�r�:� .,;; � to time,place and character of publication ° fiC�i't�Chtlri€h.�o-ExecuYar - 5`'. _ ��v�oo�n�erra,��ri��.P, ��: , t. � ar tr e. P.O,k3tix 11�`' Harriabu�,P �F71A8-q 9Q3 ,�,�,*^':•--+;-...-.- Sworn t and subscribed before me this �� ZDI3 Notary Public My commission expires: �----�,�,;.� N 0 TA R I r�r��-::.�-,a•,�,.�,i.au.-,x,7 BAMB�F,pYN HECKc Jpp,� � Notary Pub}ic CARLISLE BGRQUGN, CUa,^,g�,ryLAhiD CNTY � i�ly Commission Ex,pires Jar�7, 2014 •�.�.�,,,�...«.��, IN RE: ESTATE AND TRUST OF : IN THE COURT OF COMMON PLEAS MILDRED L. FEENEY, DECEASED : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : FILE NO. 2013-00447 ATTACHMENT TO PETITION FOR ADJUDICATION/STATEMENT OF PROPOSED DISTRIBUTION FOR ESTATE/TRUST LIST OF EXHIBITS Exhibit Tab 1. Last Will and Testament of Mildred L. Feeney, deceased, dated March 20, A 1998 2. Revocable Trust Agreement of Thomas J. and Mildred L. Feeney, B originally dated September 12, 1997, as Restated on March 20, 1998 3. Sole Amendment to Restated Revocable Trust Agreement of Thomas J. C and Mildred L. Feeney, dated September 12, 2000 4. Second Amendment to Restated Revocable Trust Agreement of Thomas J. D and Mildred L. Feeney, dated September 14, 2001 5. Acceptance and Appointment of George A. Seamands as Successor E Trustee of the Thomas J. and Mildred L. Feeney Trust under Agreement dated September 12, 1997, as Restated in its Entirety on March 20, 1998, dated June 7, 2003 6. Resignation of George A. Seamands as Co-Executor and Delegation of All F Fiduciary Powers to Robert R. Church, as Sole Remaining Executor 7. Resignation of George A. Seamands as Trustee, and Appointment and G Acceptance of Robert R. Church as Successor Trustee � - _ - . - - . � : ,�.� ., � �_. . . .,_ . . _ � ,:.� -�. � - - � � - �� _ ¢. ._ . .. .. , � - � « . � � _ „yg._��, t ,.:.-. _ . . . • .s � �. .." - 3�. f s��-r.� .�>- . _. . . . . . _._ _.. _.._, .. ... . n.1 �� C Q C.�.� ('� '� � � � � o r°�ri��° c> � a' v i A�T�xITT�_AND TFSTAMENT �F � r.s• �" F-' � � r � rn � � ca z �-' � � ° n�IT DurD L F .�N� � � a ~° "" � c� � -n � � c� ° � c.a rr„ m -� � o -� Q -ra 1> I, MILDRED L. FEENEY, of Hampden Townslup, Cumberland CoLmty, Pemis�ylva.zlia, do hereby malce this my Last Will and Testament, revol�ing any former V�Tills and Codicils nlade by me. FI$�T: I give my tangible personal property and all casualty insurance that I am cai-rying on said tangible personal property to my husband, if he survives me. If he does not survive me such tangible personal property shall be sold, and the proceeds added to my residuary estate, to pass as hereafter described. S -F,C'OND: I give, devise and bequeath the rest,residue and remainder of my estate, real and personal, to the Trustee of that certain Revocable Trust Agreement,betu�een Mildred L. Feeney and Thomas J. Feeney, as Settlors, and Thomas 7. Feeney, as Trustee, which Trust Agreement is dated September 12, 1997, as revised and restated in its entirety on even date herewith. The Trustee shall add the property bequeathed and devised by this Article to the principal of such Trust and shall hold, administer and distribute such property in accordance with the provisions of such Trust Agreement, as amended. THTR : In the event that the above bequest and devise is ineffective or invalid, for any reason, then I hereby give, devise and bequeath such undisposed property,up to the residue of my estate, to be held, administered and distributed in accordance with the provisions of the aforesaid Revocable Trust Agreement, dated September 12, 1997, as revised and restated in its entirety on even date herewith, between Mildred L. Feen�y, and Thomas J. Feeney, as Settlors, �, /�,:�/ ��,,1 ��j EXHIBIT A .f _.�E. .. ,in�- - - __ . --.- . _ . . . ��,a �,� � �a � . -. . . and Thomas J. Feeney, as Trustee, which Trust Agreement, as amended, is hereby fully incorporated herein by this reference a�1d made a part hereof, the same as if the entire Tnist Agreement were set forth herein. EQT TRTH: If any person should die within tlurty (30) days of ine, then such person shall be conclusively presumed to have predeceased me. �: (1) I name my husband, Thomas J. Feeney, as iny Executor. If he should fail to survive me, or if he is unable or unwilling to serve as my Executor, then I name my friend George A. Seamands and Robert R. Church, Esq., as my alternate Co-Executors. I direct that my Executor and my alternate Co-Executors and their successors and substitutes, all of whom are herein referred to as my Executor regardless of number or gender, serve without bond in any jurisdiction in which called upon to act. If Robert R. Church, Esq. shall be unable or unwilling to act as my alternate Co-Executor, then some other attorney from the law firm with which he is associated, or was last associated, shall serve in such capacity. (2) My Executor shall be entitled to receive reasonable compensation for services rendered as well as reimbursement for reasonable expenses incurred. . IX H: (1) I give to any Executor named in this Will or any Codicil hereto or to any alternate, successor or substitute Executor all of the powers enumerated in this Will and all of the powers applicable by law to fiduciaries in the Commonwealth of Peilnsylvania and in particular through the Pennsylvania Probate, Estates and Fiduciaries Code, as effective and as in effect on the date hereof, during the administration and until the completion of the distribution of my estate. I direct that all such powers shall be construed in the broadest possible maiuler and shall be exercisable without court authorization. �c.��._.,�.�/.�• �=�-�-"'-.� -2- . , , . .. � - : .. , , , ; � �' �-� �;. �,-�," �,s ��`.�� `+� '�z' �z `(� � � ,` -a ` � `�'� �''� � f �t - �. -'� v's�' �� ''' ��j F, �� r ,$=+�. � �s�h� .�.1�� °c�'� � 5:" ti"�e °°�. �rP- re.�wa �-�r , K;`� nz}A se-�,.,�s 1-t�'�ru� -s `� . . �p„ •,4.. i � h : "YS -s�'�-� 4F �- ^§ ""5' ,:-�Y. _. . . yY� ��?��'�fr�4{��# ��vb�� n"am�e�ti'"✓� �.t?'! +T � ' ____ _ _ _ y u4-£l� f`�'`s"t�'2� .:��Y �"t '� .2Y:- _ �. 4 S � _'�' _:. . ; ..,.._ � ,. . 1 (2) My Executor is authorized and empowered to acquire and to retain, either permanently or for such period of time as my Executor may determine, any assets, whether sucll assets are or are not of the character approved or authorized by law for investment by fiduciaries and whether such assets do or do not represent an overconcentration in one iizvestment. (3) My Executor is authorized and empowered to disclaim any interest, in whole or in part, of which I, or my Executor, may be the beneficiary, devisee, or legatee, by executing an appropriate instrument (in accordance with section 2518 of the Internal Revenue Code of 1986, as arnended, or such similar section as may then be in effect). (4) My Executor is authorized and empowered to sell at public or private sale, or exchange, and to encumber or lease, for any period of time, any real or personal property and to give options to buy or lease any such property. Additionally, my Executor is authorized and em- powered to compromise claims, to borrow from anyone (including a fiduciary hereunder) and to pledge property as security therefor, to malce loans to and to buy property from anyone (including a fiduciary or beneficiary hereunder);,provided that any such loans shall be adequately secured and at a fair interest rate. (5) My Executor is authorized and empowered to allocate property, charges on propei-ty, receipts and income among and between principal or income, or partly to each, without regard to any law defining principal and income. SEVENTH: (1) All estate, u�heritance, succession and other death taxes imposed or payable by reason of my death and interest and penalties thereon with respect to all property passing under the terms of my Will or my RevocaUle Trust A�eement and comprising my gross � �� `�.�.-:,// . ��.c-�.,.� -3- � _ �.. :� : . ._ �: .. ... ,: �_ , �, � :u.�# � ��z#w�+..��^^� �.':;�� a�,S � .�� .��.�"r� s; �s �°`- -�'� ,� <3:��,3�..��,.i�..�{ � �.�..%��`�� +�"� � ,�.�s;..,�`��s�. � �' � «i �; � �* �� y} �- ��"'�'' �>�s''' � _� � s. '.� .� �`� _ ' v�"�� ',, k .. ��f^"� � +� «t ��_ � '( - Y '� —_- �a+„a 's3�t,. � � - .,�,......._.Y--.--- "��q'�� z` �'v - , �., �' ._. �.. .. ' s= estate for death tax purposes, shall be paid out of the residue of my estate, as if such taxes were expenses of admiiustration, without apportionment or right of reimbursement. However, no such ta�es shall be charged against any amount passing to a charitable beneficialy. I authorize my Executor to pay all such taxes at such time or times as deemed advisable. All other such taxes shall be apportioned as provided by law and paid by the donees or transferees thereof unless my ,;;;,:,;;-;. Executor, in its sole discretion, shall elect to pay such taxes from the residue of my estate. The ? ` decision of my Executor in this regard shall be binding upon all persons having an interest �'' _ �: therein. (2) If my probate estate is insufficient to satisfy any taxes that are properly payable by my Executor, I have by my aforesaid Revocable Trust Agreement, directed the Trustee to malce available to my Executar from the trust estate sufficient funds with which to pay such taxes in full. IN WITNESS WHEREOF, I have set my hand and seal on this my Last Will and Testament this �v � day of `'2L�- �-� , 1998. ,��.c.�/✓'� • �J--�'--'t-4'� ;/ (SEAL) MILDRED L. FEENEY SIGNED, SEALED, PUBLISHED, and DECLARED by MILDRED L. FEENEY, � �� _ ' as and for her Last Will and �-- Testament, on the day and year last above written, in the . presence of us, who, at her J�l (/l��-��'��' G request, in her presence, and in the presence of each other, all being present at the same time, have hereunto subscriUed C , ��_ . our names as witnesses: -4- t - � _�'��. r :�!i :� s :, , ._ � ". : � . ; . . . ,. . �.-� Tr� .�;,��-` 3x�n`��- s` : . . _ , ,. � �. ' z- �.k� � ' t• . -, # k . cs ,d �.� �i E ", k � 7 t l Y . , � . sa K �� u .�,,`��. ' . ��3� '�1ps� "� r�"`ri �� r g ,�' � a �� '� kt , es � ,,�� k.��'` � `�^��' �-. . � " , �'`� � ��`7#'� '` rv '� ��. _Ir�i, is � cnu? r`�r �'�#� i� ��.�"�=""-'" = t � s� � �� 4 c '� i��ur �� 7� .. _ .,_ .. '� �i�'x� �' �. _, : - �` � R��,�.�a '�� ,.�"�..•`!� ;r.r-r < ; . . . � � � � �� ` SEZF-PROVING AFFIDAVIT ��;�'..��.� F � _ �_ COMMON WEALTH OF PENNSYLVANIA : : SS. COUNTY OF CUlV�ERLAND � WE, MILDRED L. FEENEY, and Shawn W. Weis , Michele A. Singer , and Joyce C. George , the TestatnX and tlle witnesses, respectively, whose names are signed to the attached or foregoing instrument, being � : first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and ; executed the instrument as her Last Will and that she had signed willingly (or willingly directed another to sign for her), and that she executed it as her free and voluntary act for the puzposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix, signed the Will as witness and to the best of his or her knowledge the Testatrix was at that time eighteen(18) years of age or older, of sound mind, and under no constraint or undue influence. ��-�-,�� --e-�—�'� MILDRED L. FEENEY, Testatrix � � w-�- Witness . , Q- G . Witness �-e-�-�� C �-Q-a�--`-�- Witss Subscribed, sworn to, and acknowledged before me by MILDRED L. FEENEY, the Testatrix, and subscribed and sworn to before ine by Shawn W. Weis � Michele A. Singer , alld Joyce C. George , wltnesses, this 20th day of March , 1998. �� Notaiy ublic Nora��a1 SR�"'_,.'--°-� �p Hh�a�J. r�-��(e nin��ry F'ubli� ; Cam oro, Cumbe�land�r�Lnty i � My rp,,,mission Ex pire�.len.��i,�000_.% -5- - � << , Rf. ,� . , � z REVOCABLE TRUST AGREEMENT Tr►rR�C T A THIS TRUST AGREEMENT, originally made the 12th day of September, 1997, is hereby amended and restated in its entirety this �a� day of��G� , 1998, by and between THOMAS J. FEENEY and MILDRED L. FEENEY, husband and wife, (hereinafter referred to interchangeably as a"Settlor"or as "husband" and "wife" respectively, and collectively referred to as the "Settlors") and THOMAS J. FEENEY (hereinafter referred to in the singular and neuter gender as the "Trustee"), WITN� SSETH : ARTICLE I De�crintion of Protiertv Transferr�. The Settlors have paid over, assigned, granted, conveyed, transferred and delivered, and by this Agreement do hereby pay over, assign, grant, convey, transfer and deliver unto the Trustee the real and personal property described on Schedule A,which is annexed hereto and made a part hereof, and have caused or will cause the Trustee to be designated as beneficiary of those life insurance policies described in Schedule B, which is annexed hereto and made a part hereof. These insurance policies, any other insurance • policies that may be delivered to the Trustee hereunder or under which the Trustee may be designated as beneficiary, the proceeds of all such policies bein�payable to the Trustee, and any other property that may be received or which has been received by the Trustee hereunder, as invested and reinvested (hereinafter referred to as the "Trust Estate"), shall be held, administered and distributed by the Trustee as hereinafter set forth. EXHIBIT B f � � (� � � C� Na � . , 1 b ARTICLE II ��t� nf 4ettlors �nd Tn��tPP in Insurance Polici�s. During the Settlors' lifetimes, the Settlors shall have all rights under any life insurance policies payable to the Trustee, including the right to change the beneficiary, to receive any dividends or other earnings of such policies without accountability therefor to the Trustee or any beneficiary hereunder, and may assign any policies to any lender, including the Trustee, as security for any loan to the Settlors, or either of them, or any other person; and the Trustee shall have no responsibility with respect to any policies, for the payment of premiums or otherwise, except to hold any policies received by the Trustee in safekeeping and to deliver them upon the Settlors' written request and upon the payment to the Trustee of reasonable compensation for services. The rights of any assignee of any policy shall be superior to the rights of the Trustee. If any policy is surrendered or if the beneficiary of any policy is changed, this Trust shall be revoked with respect to such policy. However,no revocation of the Trust with respect to any policy, whether pursuant to the provisions of the preceding sentence or otherwise, shall be effective unless the surrender or change in beneficiary of the policy is accepted by the insurance company. Upon the death of the insured under any policy held by or known to, and payable to, the Trustee, or upon the occurrence of some event prior to the death of a Settlor that matures any such policy, the Trustee, in its discretion, either may collect the net proceeds and hold them as part of the principal of the Trust Estate, or may exercise any optional method of settlement available to it, and the Trustee shall deliver any policies on the Settlors' life held by it and payable to any other beneficiaries as those beneficiaries may direct. Payment to, and the receipt by, the Trustee shall be a full discharje of the liability of any insurance company, which need not take notice of this agreement -2- . + ' � f- E or see to the application of any payment. The Trustee need not engage in litigation to enforce payment of any policy without indemnification satisfactory to it for any resulting expenses. ARTICLE III P�,��i�ri� for �ettlorS During if, ime. The Trustee shall hold, manage, invest and reinvest the Trust Estate (if any requires such management and investment) and shall collect the income, if any,therefrom and shall dispose of the net income and principal as follows: A. During the lifetime of the Settlors, or either of them, the Trustee shall pay to or apply for the benefit of the Settlors who are then living all the net income from this Trust. B. During the lifetime of the Settlors, or either of them, the Trustee may pay to or apply for the benefit of the Settlors who are then living such sums from the principal of this Trust as the Trustee in its sole discretion shall deem necessary or advisable from time to time for the medical care, comfortable maintenance and welfare of the Settlors, or either of them, taking into consideration to the extent the Trustee deems advisable, any other income or resources of the Settlors known to the Trustee. In exercising this discretion the Trustee is advised to be generous in making distributions to the Settlors, or to either of them, even if such distributions have the effect of significantly reducing or even eliminating the funds available for the remainder beneficiaries. ARTICLE IV 4etttors' I�i�hts tn nieni. har�e.�. or e�okP the Tn�st Aoreement: Trrevocabilitv ITpou Firs Death• BY this Restated Agreement, the Settlors have, and do hereby, revoke in its entirety the Trust Agreement originally made September 12, 1997, and in its place amend and substitute this Agreement for all purposes. The Settlors may, by signed instrument delivered to the Trustee during the Settlors'joint lives: (1) withdraw property from this Trust in any amount and at any -3- [ 4 1 ��, l f •. � � t r time upon giving reasonable notice in writing to the Trustee; (2) add other property to the Trust; (3) change the beneficiaries, their respective shares and the plan of distribution; (4) amend this Trust Agreement in any other respect; (5) revoke this Trust in its entirety or any provision therein; provided, however, the duties or responsibilities of the Trustee shall not be enlarged without the Trustee's consent nor without satisfactory adjustment of the Trustee's compensation. Upon the death of the first Settlor to die this Trust Agreement shall become irrevocable in all respects and for all purposes. ARTICLE V i ncrrPr7nnd[� �rovisions ior Trnstee to Deal �x�ith �ettlor�' Fstate and M�ke Pa��!e_n_t.o�. . .. . DPb � and Taxes. After the death of a Settlor, the Trustee shall, upon the request of said Settlor's Personal Representative, pay all or any part of such deceased Settlor's funeral expenses, legally enforceable claims against the Settlor or the Settlor's estate, reasonable expenses of administration of the Settlor's estate, any allowances by court order to those dependent upon the Settlor, any estate, inheritance, succession, death or similar taxes payable by reason of the Settlor's death, together with any interest thereon or other additions thereto, without reimburse- ment from the Settlor's Personal Representative, from any beneficiary of insurance upon the Settlor's life, or from any other person; provided, however, that no estate, inheritance, succession, death or similar taxes payable by reason of the death of a Settlor shall be apportioned to or borne by any share or property passing to any charitable beneficiary. Except for amounts passing to charitable beneficiaries upon the death of the last surviving Settlor, all such payments, eYCept of interest, shall be charged generally against the principal of the Trust Estate includable in such deceased Settlor's estate for federal estate tax purposes and any interest so paid shall be char�ed generally against the income thereof. The Trustee may make such payments directly or may pay -4- �, .�,��,� ,�,-,�.�.�.��. � ,_ _ a -�' , � �� • • ,( � f ! over the amounts thereof to the Personal Representative of such deceased Settlor's estate. Written statements by the Personal Representative of such sums due and payable by the estate shall be sufficient evidence of their amount and propriety for the protection of the Trustee and the Trustee shall be under no duty to see to the application of any such payments. ARTICLE VI �i wii�nTinn ��on Death of Last �urviving Settlor. Upon the death of the last surviving Settlor, the Trustee shall distribute the then remaining principal and undistributed income of the Trust Estate as follows: A. All real property in the Trust Estate, including the Settlors' condominium.located in Hampden Township, Cumberland County, Pennsylvania, and commonly known as 57 Devonshire Square, in the Village of Westover, shall be sold by the Trustee as soon as practicable after the death of the last surviving Settlor. After reduction for all expenses of such sale and for the final expenses and commissions of the Trustee applicable to such real property, as the Trustee in its sole discretion shall determine, the net cash proceeds of such real property shall be distributed to The Retired Officers' Association Scholarship Fund, a Virginia based non- profit charitable organization located in Alexandria, Virginia, with such funds to be used for the establishment of a permanent scholarship fund to be named in memory of the Settlors, LTC Thomas 7. ("Joe")Feeney and Mrs. Mildred ("Mil") Feeney. These scholarships shall be used for the college education of dependent children of inembers of The Retired Officers' Association and for the children of active, reserve and retired officer and enlisted personnel of the uniformed services of the United States. B. If, for any reason, the Trust Estate shall not include any real property upon the death of the last surviving Settlor, the Trustee, in its sole and absolute discretion, is authorized to pay -S- _... v � .�.M�, ,��.,..,-�,,��. ,��.�� , � �. _ _ ._ . � d� � �� ,r . �. • � r to The Retired Officers' Association Scholarship Fund, for the uses and purposes set forth in Paragraph A above, a pecuniary amount that the Trustee reasonably determines to be an approximation of the pecuniary amount that such organization would have received if the Settlors' condominium would have comprised part of the Trust Estate upon the death of the last surviving Settlor. In making such determination the Trustee may reduce such pecuniary legacy by any lifetime expenses of the Settlors, or either of them, and for distributions made to the Settlors from the proceeds of any sale of the Settlors' condominium. The determination of the Trustee shall be final for all purposes with respect to all persons or organizations having an interest in the Trust Estate. C. The Trustee shall pay the sum of Five Thousand Dollars ($5,000) to each of the following organizations for the uses and purposes indicated: (1) The American Red Cross, of Harrisburg, Pennsylvania, for use in that organization's disaster relief fund. (2) The Salvation Army, of Harrisburg,Pennsylvania, for use in that organization's disaster relief fund. (3) The Alzheimer's Association, of Chicago, Illinois, to be used for medical research concerning Alzheimer's Disease. D. After the payment of all estate, inheritance, succession, death or similar taxes payable by reason of the death of the surviving Settlor, and after payment of any final expenses or legally enforceable claims against such deceased Settlor's estate, the Trustee shall distribute the remainder of the Trust Estate, free of all trusts, to the following persons in the relative percentages indicated: -6- � �' , , . < (1) Frank and Margaret Graham, equally or to the survivor of them, ten percent (10%); (2) Arthur("Art") and Helen Neish Knight, equally or to the survivor of them, ten percent(10%); (3) George Albert Caverly, twenty percent (20%); (4) Robert P. Feeney and Eileen Mescall Feeney, equally or to the survivor of them,thirty percent (30°/a); (5) Brendan F. Feeney and Mary Egan Feeney, equally or to the survivor of them, thirty percent (30%); (6) And, except as otherwise provided for the survivor of the married couples named above, the share of any beneficiary who does not survive until the date of distribution shall lapse and instead be divided and distributed, pro-rata, among the then-surviving beneficiaries. ARTICLE VII Tn�steP'c Powers. In addition to the powers hereinbefore provided and those given by . law, the Trustee, and any additional or successor Trustee, without any order of court and in its sole discretion, may: A. Hold and retain the property now or hereafter comprising a part of the Trust Estate, for such length of time as in its sole discretion it may deem wise, or sell any part thereof, without liability of any kind by reason of such retention or sale and invest and reinvest, alter, vary and chan;e investments from time to time, in such manner and in such property, real, personal or otherwise, including any common or diversified trust funds and proprietary or other mutual investment funds maintained by any bank or trust company or any holding company or -7- � ' , ,' . ._ .�_ . . ; , affiliate thereof, including the stock of any such bank or trust company or affiliate thereof, as the Trustee may deem prudent,without being confined to what are known as legal investments under the laws of any state or jurisdiction; B. Repair, alter, improve or lease, for any period of time (even for more than five (5) � years) any property and give options for leases; C. Make distribution hereunder either in cash or in kind or partly in each, and cause any share to be composed of property different in kind from any other shares, without regard to the basis of such property; D, Purchase investments at a premium; E. Vote in person, or by proxy, all stocks or other securities held; F. Exercise any rights or warrants to subscribe for stocks or bonds or other allotments received by reason of securities held, or sell them for such prices as it may deem best; G, Deposit, surrender or exchange stocks or pay any assessments in connection with any reorganization or merger or similar proceedings as it may deem best; H. Exercise any option, right or privilege granted in any insurance policy; I. Sell any real or personal property at public or private sale to any person or entity, or give options therefor for cash or credit, without liability on the part of the purchaser to see to the application of the purchase money; provided, however, that no sale hereunder shall be made at a price less than that which the Trustee acting in good faith shall consider to represent adequate and full consideration; J. Borrow money from any source, including from the Trustee, mortgage or pledge any property and purchase assets from a Settlor's estate at fair market value and loan money to -8- ,. .�� . � �� ` � { F any person or entity or to either said estate; provided, however, that appropriate interest and collateral shall be required for such loans; K. After the death of a Settlor, to merge any trust created hereunder with any other trust or trusts created by the Settlors under will or trust, if the terms of such trusts are then substantially similar and held for the primary benefit of the same persons; L. Compromise claims; M. Register securities in the name of a nominee in such manner that title shall pass by delivery; N. Employ attorneys, investment counsel, accountants and agents in connection with the discharge of its duties, and determine and pay to them reasonable compensation; p, Pool the assets of all trusts created hereunder or any of them for investment purposes, allocating to each trust an undivided interest in all of the assets so held; P. Add to the principal of any trust created hereunder any property received from any person by Deed, Will or in any other manner; � Q, In the exercise of its discretion with respect to the use of principal for any beneficiary, the Trustee may take into account other property and income available to such beneficiary; in so doing, the Trustee may conclusively rely on written representations made to it by such beneficiary, and the judgment of the Trustee as to the amount of principal so used and the extent to which other resources are considered shall be conclusive as to all parties in interest; R. Exercise all power, authority and discretion given by this Trust Agreement after termination of any trust created herein until the same is fully distributed; S. Accept property or not, in the Trustee's sole discretion, by bequest or lifetime transfer from any person, estate or trust, subject to the payment of, or liability for, state and/or -9- E 4 federal gift, estate, transfer, succession, inheritance or other death t�es, including any interest or penalties thereon, and sign any required consent or acknowledgement of liability for such taxes and/or lien against such property. ARTICLE VIII �a ��Pn+� +o Incomnetent nr Tncana��+atPd Person. In case Tn��tee� � �y��Yetion in i� a��7.g..P�,, _ the income or principal payment under any trust created hereunder or any share thereof shall become payable to a Settlor or other person under legal disability, or to a Settlor or other person not adjudicated incompetent,but who,by reason of illness or mental or physical disability, is, in the opinion of the Trustee unable properly to administer such amounts, such amounts may be paid out by the Trustee in such of the following ways as the Trustee deems best: (1) directly to such person; (2) to the legally appointed guardian of such person; (3) to some relative or friend for the care, support and education of such person; (4) by the Trustee using such amounts directly for such person's care, support and education. ARTICLE IX 1n,sy�i,crPS�n Removal Votine Ri�ht� Fees and T,imitation on Powers. The Trustee shall be subject to the following: A. S�cessor Tn�stees. Upon the disability (as certified by a physician), death or resignation of Thomas J. Feeney as the Trustee, George A. Seamands, currently of Springfield, Virginia, shall thereupon become the Successor Trustee by filing a written document accepting the Trust. If George A. Seamands should fail to qualify as the Successor Trustee hereunder or for any reason(other than his removal under Paragraph B below) should cease to act in such capacity, the Successor or Substitute Trustee shall be some attorney or bank or trust company with trust powers, which Successor or Substitute Trustee shall be designated in a written -10- � � �,��,,� �.�.,,�..x.�-��.p,.� .... ._._ _ _ _ _ F : � , . � � instrument filed with the court having jurisdiction over this Trust Agreement and signed by the Settlors, or either of them, or if they are both unable to act, then by Robert R. Church, Esq., or by the law firm with which he is associated, or was last associated. Robert R. Church, Esq. or his successor may at any time appoint a Co-Trustee, including himself, if it is advisable to have a resident of Pennsylvania serve in such capacity. B. T�,�rPP R moval. The Settlors, or either of them may, at any time, remove the then- serving Trustee; provided, however,that the Settlors, or either of them, shall immediately thereafter designate some other attorney or bank or trust company as Successor or Substitute Trustee. C. Tn�s ee Desib atiQn. Designations hereunder shall be written and shall be effective when accepted in a writing signed by the designee and delivered to the then serving Trustee. Removals hereunder shall be effective when contained in a writing signed by the person holding such power, and delivered to the Trustee being removed. D. Tn,�rPP RPsi��ation. Any Trustee acting hereunder may resign at any time without court approval, to become effective upon delivery to each adult beneficiary to whom the Trustee is then directed or authorized to pay income, of a written instrument signed by the resigning Trustee. E, TrLStee Fees. For its services as Trustee the Trustee (except the Settlor, acting in his capacity as Trustee) shall be entitled to receive reasonable compensation, as well as reimbursement for reasonable expenses incurred. F. Bond. Trustee and its successors and substitutes shall serve without bond in any jurisdiction in which called upon to act. -11- ,�K:��,.��..-�;..�„�..�..Y,�,.,� .x:��;�,�.�.,.�.��...�-.�.�...-_,,.. �m -_ ., , . , � � � , ARTICLE X c;,-,,,,ltaneous De�th ProviSion. If the Settlors should die under such circumstances that make it doubtful as to which Settlor died first, then it shall be conclusively presumed for the purposes of this Trust that the husband predeceased the wife; therefore, if the Settlors shall die as aforesaid, the Settlors direct that the wife shall be conclusively presumed to have survived the husband. ARTICLE XI ��P�-+�in� T aw and �itus. This Trust Agreement and the trusts created hereby shall have situs in Cumberland County, Pennsylvania, and this Trust Agreement shall be construed, regulated and governed by and in accordance with the laws of the Commonwealth of Pennsylvania. ARTICLE XII t�Pfnition of"Tr�s ee." Whenever the word "Trustee" or any modifying or substituted pronoun therefor is used in this Trust, such words and respective pronouns shall include both the singular and the plural, the masculine, feminine and neuter gender thereof, and shall apply � equally to the Trustee named herein and to any successor or substitute Trustees acting hereunder, and such successor or substitute Trustees shall have all the rights, powers and duties, authority and responsibility conferred upon the Trustee originally named herein. ARTICLE XIII Acc_ e�tan��b��h T �s e. The Trustee acknowledges receipt of the property described on Schedules A and B attached hereto, accepts the Trust hereby created, and covenants that the Trustee will faithfully discharge all of the duties and responsibilities of the office under this Trusteeship. -12- IN WITNESS WHEREOF, the Settlors and the Trustee have executed this Trust Agreement on the day and year first above written. WITNESS: . i /i � , � �� (SEAL) THOMAS J. F NEY, Sett ,,�'-�-�-�-�'��=7�- � �� (SEAL) MILDRED L. FEENEY, Settlor / � �(�� (�-�"— � /� (SEAL) THOMAS�F'EENEY, T stee -13- COMMONWEAI-TH OF PENNSYLVAI�IIA : SS. COUNTY OF CUMBERLAND ' On this, the a�-day of ��-�� , 1998, before me, the undersigned officer, personally appeared THOMAS J. FEENEY and MILDRED L. FEENEY, husband and wife, the Settlors, known to me, (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. I1�1 WITNESS WHEREOF, I hereunder set my hand and official seal. ` � l No�Public Notarial Seal � Gynthia J. Rule,Notary Pubiic Camp Hill Boro,Cumberland County My Commission Expires Jan.24,20q0 i -14- � . • � COMMONWEALTH OF PENNSYLVA1�tIA : SS. COLJNTY OF CUNIBERLAND ' On this, the a��day of / r��'�'� , 1998, before me, the undersigned officer, personally appeared THOMAS J. FEENEY, the Trustee,known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunder set my hand and official seal. Notary Public Notarial Seat Camp H II Boro,Oumbeaand Corunty �ly Commission Expires�an.24,2000 --__.._._..._. -15- � 4 t ,� � t . s. SCHEDULE A OF REVOCABLE TRUST AGREEMENT OF THOMAS J. AND MILDRED L. FEENEY T T1�TT � Approximate Asse Descrintr ion Marke Value Perconal Pronertv 1. MBNA America Bank, N.A. $15,000.00 Certificate of Deposit#40-316277-3 6.16% due OS/09/98; issued 04/09/97 10,000.00 2. $10,000 Note FRB Philadelphia 6 1/8 AJ 98 due 08/31/98 semi-annual CUSIP #912827Z21 3. Smith Barney Brokerage Account t��d ��5�9 1 1 - A. GNM�1 PL#001364M 2,344.51 25,000 DTD 03/O1/90; R/MD 10.00 03/20/2020 1617.64 B. Money Funds 31.97 C. Cash 10g. 7 D. Income Account Balance Net Value $3,702.99 *12/31/97 4. Vanguard Prime Reserve �,.,.,,,,,,t�qRnn��5139 50,659.86 A, VMMR-Prime Portfolio ��978.43 B. Asset Allocation Fund *12/31/97 * Valuation Date ��.� I � 5. Vanguard Discount Brokerage Account#3161-9716 VG10 Stocic�: a. 400 Shares/LTnits 10,450.00 Chas PFDCAP; Corp. 8.10% CITM PFD Ser. A; Callable 09/18/01 b. 400 Shares/LTnits 10,825.20 Citicorp;PFD 8.50% . DEP Sh. Representing 1/10 Ser. 21 c. 201 Shares/Units 5,200.87 Ohio Edison Fin. Tr. 9% PFD Ser. A; Callable 12/31/00 d. 301 Shares/Units 7,600.25 RJR Nabisco Holdings Capital Trust 1; Tr. Orig. PFD Secs. e. 300 Shares/Units 7,893.90 Equity Residential 9.375%PPTYS; Ser. A CUM Redeemable PFD SBI f. 400 Shares/Units 10,200.00 VA PWR Capital Trust PFD 8.05% Secs SDB due 09/30/25 Ser. A Callable 09/30/00 704.94 Cash — SUBTOTAL: $140,616.44 �,�, , , , , ;� , , , t „ Approximate Asset Descrintion ��arke Value al Pro�ertv ��41 �58.10 1. Condominium 57 Devonshire Square Mechanicsburg, PA 17055 Cumberland County Hampden Township . (Copy of the Deed is attached) 381.974.54 TOTAL -Personal Property and Real Estate: � i. ' + ., . , -. I 1 n �;.e S ` . . , . SCHEDULE B pF REVOCABLE TRUST AGREEMENT OF THOMAS J. AND MILDRED L. FEENEY TTl`�ER AGRFEII�FN�DATFn SFPTEMBER 12_�9-9'7_ Asse�scri tn ion Death Benefit i ife TncLrance Policies 1. Armed Forces Benefit Association $2,000 Policy#115351 2. CUNA Mutual Insurance Society 2,500 Policy#JV0087754 3. Saving Bank Life Insurance 1,115 (Massachusetts),Policy#10-006-360 4, Aimy and AirForce Mutual Aid 28,492.00 Association, Policy#D-34582XOL and Policy#D-34582-3XOL 5. Military Benefit Association 1,500 Policy#5847, Member#A1916 6. Department of Veterans Affairs (Government Life Insurance) 13,235 a. Policy#FV 16247618 �� b. NSLI#RH 16781089 TOTAL � � l. 42 SOLE AMENDMENT TO RESTATED REVOCABLE TRUST AGREEMENT OF THOMAS J. AND MILDRED L. FEENEY THIS SOLE AMENDMENT, made this �a� day of ��-� , 2000, by and between Thomas J. Feeney and Mildred L. Feeney, husband and wife (collectively, the "Settlors"), and Thomas J. Feeney, trustee as hereinafter set forth (the "Trustee"), WITNESSETH : WHEREAS, by that certain Revocable Trust Agreement originally dated September 12, 1997, the Settlors established an inter-vivos trust (the "Trust"); and WHEREAS, by Instrument dated March 20, 1998 (the "Trust AgreemenY'), the Settlors revised and restated their original Revocable Trust Agreement in its entirety, pursuant to their retained powers of amendment and revocation; and WHEREAS, Thomas J. Feeney is named in the Trust Agreement as Trustee; and WHEREAS, the Settlors and the Trustee now desire to revise and amend the Trust Agreement as hereinafter set forth. NOW THEREFORE, the Settlors, pursuant to their reserved powers of revocation and amendment, as provided in Article IV of the Trust Agreement, do hereby make the following changes to the Trust Agreement, to wit: 1. Article V of the Trust Agreement is revoked in its entirety and the following new Article V is substituted in its place: ARTICLE V Discretiona Provisions for Trustee to Deal with Settlors' Estate and Make Pavment of Debts and Taxes. After the death of a Settlor, the Trustee shall, upon the request of said Settlor's Personal Representative, pay all or any part of such deceased Settlor's funeral expenses, legally enforceable EXHIBIT C ,.. .. _ , �� .n--� �,�� .. _v. _ , , claims against the Settlor or the Settlor's estate, reasonable expenses of administration of the Settlor's estate, any allowances by court orderto those dependent upon the Settior, any estate, inheritance, succession, death or similar taxes payable by reason of the Settlor's death, together with any interest thereon or other additions thereto, without reimbursement from the Settlor's Personal Representative, from any beneficiary of insurance upon the Settlor's life, or from any other person; provided, however, that no estate, inheritance, succession, death or similar taxes payable by reason of the death of a Settlor shall be apportioned to or borne by any share or property passing to The Retired Officers Association Scholarship Fund. Except for amounts passing to The Retired Officers Association Scholarship Fund upon the death of the last surviving Settlor, all such payments, except of interest, shall be charged generally against the principal of the Trust Estate includable in such deceased Settlor's estate for federal estate tax purposes and any interest so paid shall be charged generally against the income thereof. The Trustee may make such payments directly or may pay over the amounts thereof to the Personal Representative of such deceased Settlor's estate. Written statements by the Personal Representative of such sums due and payable by the estate shall be sufficient evidence of their amount and propriety for the protection of the Trustee and the Trustee shall be under no duty to see to the application of any such payments. 2. Paragraphs C and D of Article VI of the Trust Agreement are hereby revoked in their entirety and the following new provisions are substituted in place thereof: C. The Trustee shall pay the sum of Seven Thousand Dollars ($7,000)to each ofthe following organizations forthe uses and purposes indicated: (1) The American Red Cross, of Harrisburg, Pennsylvania,for use in that organization's disaster relief fund. (2) The Salvation Army,of Harrisburg, Pennsylvania, for use in that organization's disaster relief fund. D. After the payment of all estate, inheritance, succession, death or similar taxes payable by reason of the death of the surviving Settlor, and after payment of any final expenses and legally enforceable claims against such deceased Settlor's - 2 - estate, the Trustee shall distribute the remainder of the Trust Estate, free of all trusts, to the following beneficiaries, in the relative percentages indicated: (1) Mrs. Norman (Terri Simpson) Pontes, 6.6%, but not more than Seven Thousand Dollars ($7,000). (2) Mrs. Carol Ann (Caverly) Davies, 6.6%, but not more than Seven Thousand Dollars ($7,000). (3) Frank and Margaret Graham, equally or to the survivor of them, 6.6%, but not more than Seven Thousand )ollars ($7,000). } (4) Arthur( Art ) and Helen Neish Knight, equally or „ „ --�` o the survivor of them, 6.6%, but not more than Seven fhousand Dollars ($7,000). �� (5) George Albert Caverly, 14.2%, not more than � Fifteen Thousand Dollars ($15,000). (6) Robert P. Feeney and Eileen Mescall Feeney, equally or to the survivor of them, 29.7%, but not more then Thirty-One Thousand Five Hundred Dollars ($31,500). (7) Brendan F. Feeney and Mary Egan Feeney, equally or to the survivor of them, 29.7%, but not more than Thirty-One Thousand Five Hundred Dollars ($31,500). (8) And, except as otherwise provided for the survivor of one of the married couples named above,the share of any beneficiary who does not survive until the date of distribution shall lapse. (9) The remainder of the Trust Estate, if any, including the lapsed share of any deceased beneficiary who does not survive until the date of distribution, shall be paid to the Hospice Fund of the Veterans Administration Medical Center, 1700 South Lincoln Avenue, Lebanon, Pennsylvania. These funds, if any, shall be used for the purpose of refurbishing the rooms of hospice patients, unless such purpose shall become impossible or impractical of fulfillment, in which case such funds may be used without restriction for the Veterans Administration Medical Center in Lebanon, Pennsylvania. - 3 - . . - � . , 2. In all other respects, the Settlors hereby ratify and reaffirm their Revocable Trust Agreement, originally dated September 12, 1997, as restated in its entirety on March 20, 1998, and as hereinabove amended, and the Trustee hereby consents to and joins in the same for the purposes expressed herein. _ IN WITNESS WHEREOF, the Settlors and the Trustee have executed this Sole Amendment to Revocable Trust Agreement on the day and year first above written. , � � � (SEAL) WITNESS THOMAS . FEENEY, S or " G�� o��-e-�-^-`�� SEAL G�U�-^.�-.�� - � ) WITNESS MILDRED L. FEENEY, Settlor �� . L � � (SEAL) WITNESS THOMAS J ENEY, Tr CC - 4 - COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND � On this, the /oZ1�-� day of , 2000, before me, the undersigned officer, personaily appeared THOMAS J. FEENEY and MILDRED J. FEENEY, husband and wife, the Settlors, known to me, (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunder set my hand and official seal. NOTARIAL 3�A� � �C� CYNTHIA J.RUL,�,Npfary Public Camp Nin Boro.,Cumberland County - M Commission Explres Jan.24,2064 NOt PUbIIC COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND � On this, the ��'�- day of � , 2000, before me, the undersigned officer, personally appeared THOMAS J. FEENEY,the Trustee, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunder set my hand and official seal. �-�- NOTARIAL 3�� Nota Public CYNTHIA J.RUL�,Nc�tafy Public Camp Hill Boro.,Cumberll�nd County M Commission Expires Jan.24,2(�4 - 5 - �. _,. .:� . .�,.k„�.�.,.�,,�� .w..�.,A�.� , ,. SECOND AMENDMENT TO RESTATED REVOCABLE TRUST AGREEMENT OF THOMAS J. AND MILDRED L. FEENEY THIS SECOND AMENDMENT, made this�'� �--�� day of %° .�%i-.�--4 :.-.% , 2001, by and between Thomas J. Feeney and Mildred L. Feeney, husband and wife(collectively, the "Settlors"), and Thomas J. Feeney, trustee as hereinafter set forth (the "Trustee"), WITNESSETH : WHEREAS, by that certain Revocable Trust Agreement originally dated September 12, 1997, the Settlors established an inter-vivos trust (the "Trust"); and WHEREAS, by Instrument dated March 20, 1998 (the "Trust Agreement"), the Settlors revised and restate� their origiral Revocable Trust Agreement in its entirety, pursuant to their retained powers of amendment and revocation; and WHEREAS, by that certain Sole Amendment dated September 12, 2000, the Settlors amended the Trust Agreement in certain particulars, pursuant to their retained powers of amendment and revocation; and WHEREAS, Thomas J. Feeney is named in the Trust Agreement as Trustee; and WHEREAS,the Settlors and the Trustee now desire to revise and amend furtherthe Trust Agreement, as hereinafter set forth. NOW THEREFORE, the Settlors, pursuant to their reserved powers of revocation and amendment, as provided in Artic�e IV of the Trust Agreement, do hereby make the following changes to the Trust Agreement as previously amended by the Sole Amendment, to wit: EXHIBIT D ��„��.: � .� , _ _ 1. Subparagraph (9) of Paragraph D of Article VI, as set forth in the Sole Amendment, is hereby revoked, and the following new Subparagraph (9) is substituted in its place: Article VI, Paragraph D... (9) The remainder of the Trust Estate, if any, including the lapsed share of any deceased beneficiary who does not survive until the date of distribution, shall be divided and distributed equally between the following organizations for the purposes indicated: (a) Hospice Fund of the Veterans Administration Medical Center, 1700 South Lincoln Avenue, Lebanon, Pennsylvania; (b) The Retired Officers' Association Scholarship Fund, a Virginia-based non-profit charitable organization located in Alexandria,Virginia, with such funds to be used as more particularly set forth in Article VI, Paragraph A of the Trust Agreement. 2. In all other respects, the Settlors hereby ratify and reaffirm their Revocable Trust Agreement, originally dated September 12, 1997, as restated in its entirety on March 20, 1998, and as amended by that certain Sole Amendment dated September 12, 2000, and as hereinabove amended, and the Trustee hereby consents to and joins in the same for the purposes expressed herein. IN WITNESS WHEREOF, the Settlors and the Trustee have executed this Second Amendment to Revocable Trust Agreement on the day and year first above written. _ /� j'' j_. , /-;; ;f,,..-��- , -. , - : ;� (SEAL) WITNE S THOMAS J; FEENEY, Sett or , , �. � �" (SEAL) WITNESS MILDRED L. FEENEY, Settlor � � , '__ , � (SEAL) � � 5,.,:,. , � _. � .-,:; WIT ESS THOMAS J. FEENEY, Tru�tee � - 2 - ��.��.��-� COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND � On this,the��;r'- day of�-��-�-v-"'�' , 2001, before me, the undersigned officer, personally appeared THOMAS J. FEENEY and MILDRED L. FEENEY, husband and wife, the Settlors, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunder set my hand and official seal. NOTARIAL SF�L�� y ��--- \ ` �� PATRICIA D.OLYARNIK,Notary Public �`< ��„�_1��-�—!i!�� `��_� "� � �"• �`-` '� �`— Hempden Twp.,Cumberland County �. My Commission Expires August 27,2005 Notary Public -- COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND � On this,the�� day of�� , 2001, before me,the undersigned officer, personally appeared THOMAS J. FEENEY, the Trustee, known to me (or satisfactorily proven)to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunder set my hand and official seal. NOTARIAL SEAL �U�-t�----\ `r-'�.��--- PATRICIA D.OLYARNIK,Notary Public Notary Public Hampden Twp.,Cumberland County My Commission Expires August 27,2005 - 3 - ACCEPTANCE AND APPOINTMENT OF GEORGE A. SEAMANDS AS SUCCESSOR TRUSTEE OF THE THOMAS J. AND MILDRED L. FEENEY TRUST UNDER AGREEMENT DATED SEPTEMBER 12, 1997, AS RESTATED IN IT'S ENTIRETY ON MARCH 20 1998 THI S INSTRUMENT, made this`�_ day of June, 2003, by GEORGE A. [,�pnn�;(��',� �n a{'�,,��4 in�:\/i('�,��:c�i rv.�.ii��.:i�i'iy ��i ��iiiuri vLi.�i�iy� ��li�ilii� �LiI� "�u�c�ss�r Trustee"), WITNESSETH : WHEREAS, by that certain irrevocable Trust Agreement originally dated September 12, 1997, Thomas J. Feeney and Mildred L. Feeney, husband and wife, both of Hampden Township, Cumberland County, Pennsylvania (collectively, the "Settlors"), established an inter-vivos trust having its situs in Cumberland County, Pennsylvania (the "Trust"); and WHEREAS, by Instrument dated March 20, 1998 (the "Trust Agreement") the Settlors revised and restated their original irrevocable Trust Agreement dated �� u��aa�;� #� the;: �etaire�+ pcv;�es�s �f u^,�rdm�n± ��pzember i�, ��9�'r, �� +i's er��ir�'ty, and revocation; and WHEREAS, by that certain Sole Amendment dated September 12, 2000, the Settlors amended the Trust Agreement in certain particulars, pursuant to their retained powers �f amendment and revocation; and EXHIBIT E WHEREAS, by that certain Second Amendment dated September 14, 2001, the Settlors amended the Trust Agreement in certain particulars, pursuant to their retained powers of amendment and revocation; and WHEREAS, Co-Settlor, Thomas J. Feeney is named in the Trust Agreement as Trustee; and WHEREAS, the said Thomas J. Feeney died on April 29, 2003; and WHEREAS, Article IX of the Trust Agreement provides in pertinent part as follows, to wit: A. Successor Trustees. Upon the disability (as certified by a physician), death or resignation of Thomas J. Feeney as the Trustee, George A. Seamands, currently of Springfield, Virginia, shall thereupon become the Successor Trustee by filing a written document accepting the Trust. If George A. Seamands should fail to qualify as the Successor Trustee hereunder or for any reason (other than his removal under Paragraph B below) should cease to act in such capacity, the Successor or Substitute Trustee shall be some attorney or bank or trust company with trust powers, which Successor or Substitute Trustee shall be designated in a written instrument filed with the court having jurisdiction over this Trust Agreement and signed by the Settlors, or either of them, or if they are both unable to act, then by Robert R. Church, Esq., or by the law firm with which he is associated, or was last associated. Robert R. !''hGrr;�^� FC�M, ��' f?�� ,G,�(;,riA s.c.�r may at �r,y�ti�e appoirt a r�-Trustee:, including himself, if it is advisable to have a resident of Pennsylvania serve in such capacity. and; WHEREAS, pursuant to the foregoing provision of the Trust Agreement, the Successor Trustee desires to execute this Instrument, in order to establish and confirm his acceptance and appointment as Successor Trustee of the Trust. - 2 - NOW THEREFORE, the said George A. Seamands, as the designated Successor Trustee, hereby accepts his appointment as such; accepts the Trust created under the Trust Agreement; covenants that he will faithfully discharge all of the duties and responsibilities of the office of the Trustee under the Trust Agreement; and acknowledges receipt of the personal property set forth on Schedule A, of even date herewith, which is attached hereto and incorporated herein by this reference, together with possession of that certain real property more particularly described on Schedule B of the Trust Agreement, and commonly known as 57 Devonshire Square, Hampden Township, Cumberland County, Pennsylvania. IN WITNESS WHEREOF, the undersigned has executed this Instrument on the day and year first above written. . ��, � � Witness eorge . Seamands, Trustee - 3 - COMMONWEALTH OF VIRGINIA : : SS. COUNTY OF FAIRFAX � On this, the � day of � �-°'`�` � , 2003, before me, the undersigned officer, personally appeared GEORGE A. SEAMANDS, Trustee, known to me, (or satisfact�ril�i praven) to be the persc�� whose n�ame �s sabs�ribed t� the kf:��±h�!� instrument, and acknowledged that he executed the same, in the fiduciary capacity indicated, as his free and voluntary act for the purposes expressed therein. IN WITNESS WHEREOF, I hereunder set my hand and official seal. � � =�-° � No � blic U�b.}7-t�,k,1 Y"1,`;",j;c;q,yf i�� ne t F ,�•: s(. r. ,:P" .�t.i�:i��`l�� t�j' �7ftY.f - 4 - IN RE: ESTATE AND TRUST OF : 1N THE COURT OF COMMON PLEAS MILDRED L. FEENEY, : CUMBERLAND COUNTY, PENNSYLVANIA DECEASED : ORPHANS' COURT DIVISION : FILE NO.: 2013-00447 RESIGNATION OF GEORGE A. SEAMANDS AS CO-EXECUTOR AND DELEGATION OF ALL FIDUCIARY POWERS TO ROBERT R. CHURCH AS SOLE REMAINING EXECUTOR KNOW ALL MEN BY THESE PRESENTS,that I, GEORGE A. SEAMANDS, Co- Executor of the Estate of Mildred L. Feeney, deceased, hereby resign my fiduciary appointment as such Co-Executor, subject to further approval and confirmation by the Orphans' Court Division of Cumberland County, Pennsylvania, and further hereby delegate any and all of my fiduciary powers and discretions as such Co-Executor unto Robert R. Church, Co-Executor of �he Estate of Mildred L. Feeney, deceased, so that henceforth he shall solely and exclusively exercise any and all fiduciary powers and discretions otherwise available to him in the administration of the Estate of Mildred L. Feeney, deceased. IN WITNESS WHEREOF, I have hereunder set my hand and seal on the date indicated below. '..,� � /� �' : �y� itness ORGE . SEAMANDS, Co-Executor ' �� `�r � , f� Date: � � �c� � l 7 EXHIBIT F _ __ _ IN RE: ESTATE AND TRUST OF : 1N THE COURT OF COMMON PLEAS MILDRED L. FEENEY, : CUMBERLAND COUNTY, PENNSYLVANIA DECEASED : ORPHANS' COURT DIVISION : FILE NO.: 2013-00447 ACCEPTANCE OF ROBERT R. CHURCH AS SOLE REMAINING EXECUTOR Robert R. Church, Co-Executor of the Estate of Mildred L. Feeney, deceased, hereby accepts the above conditional resignation and delegation of all fiduciary authority from George A. Seamands, Co-Executor, for the administration of the Estate of Mildred L. Feeney, deceased. � _ _._. � ......_ _. L.. - � � Witness ROBERT R. CHURCH, as Sole Remaining Executor Date: �c-7'�D�-�� 2�l c��13 IN RE: ESTATE AND TRUST OF : CUMBEROLAND OCOUNTIY, PENN YLVANIA MILDRED L. FEENEY, DECEASED : ORPHANS' COURT DIVISION : FILE NO.: 2013-00447 RESIGNATION OF GEORGE A. SEAMANDS AS TRUSTEE, AND APPOINTMENT AND ACCEPTANCE OF ROBERT R. CHURCH AS SUCCESSOR TRUSTEE THIS INSTRUMENT, made this ��' day of G��- ��.�,.t, , 2013, by and between GEORGE A. SEAMANDS, an adult individual residing in Fairfax County, Virginia (the "Resigning Trustee") and ROBERT R. CHURCH, an adult individual residing in Dauphin County, Pennsylvania(the "Successor Trustee"), WITNESSETH : WHEREAS, by that certain Irrevocable Trust Agreement originally dated September 12, 1997, Thomas J. Feeney and Mildred L. Feeney, husband and wife, both of Hampden Township, Cumberland County, Pennsylvania, as settlors (collectively, the "Settlors"), established an inter- vivos trust having its situs in Cumberland County, Pennsylvania (the 'Trust"); and WHEREAS, the Settlors established the Trust by their trust agreement originally dated September 12, 1997, as subsequently restated and amended in its entirety on March 20, 1998, and as further amended on September 12, 2000 and on September 14, 2001 (collectively, the "Trust Agreement"); and WHEREAS, by that certain Instrument of Acceptance and Appointment, dated June 7, 2003, the Settlors appointed George A. Seamands (the "Resigning Trustee") as Trustee of the EXHIBIT G Trust and at all times since that date he has held and administered the Trust in such fiduciary capacity; and WHEREAS, Co-Settlor Thomas J. Feeney died April 29, 2003 and Co-Settlor Mildred L. Feeney died on March 31, 2013; and WHEREAS, Article IX of the Trust Agreement provides in pertinent part as follows, concerning the resignation and replacement of the Trustee: A. Successor Trustees. Upon the disability (as certified by a physician), death or resignation of Thomas J. Feeney as the Trustee, George A. Seamands, currently of Springfield, Virginia, shall thereupon become the Successor Trustee by filing a written document accepting the Trust. If George A. Seamands should fail to qualify as the Successor Trustee hereunder or for any reason (other than his removal under Paragraph B below) should cease to act in such capacity, the Successor or Substitute Trustee shall be some attorney ar bank or trust company with trust powers, which Successor or Substitute Trustee shall be designated in a written instrument filed with the court having jurisdiction over this Trust Agreement and signed by the Settlors, or either of them, or if they are both unable to act, then by Robert R. Church, Esq., or by the law firm with which he is associated, or was last associated. Robert R. Church, Esq. or his successor may at any time appoint a Co-Trustee, including himself, if it is advisable to have a resident of Pennsylvania serve in such capacity. ; and WHEREAS, pursuant to the foregoing terms of the Trust Agreement, George A. Seamands, as the Resigning Trustee, and Robert R. Church, as the Successor Trustee, desire to execute this Instrument in order to establish and confirm the resignation and withdrawal of the Resigning Trustee and the acceptance and appointment of Rob�rt R. Church as the Successor Trustee for all purposes. NOW THEREFORE, the said George A. Seamands, as the Resigning Trustee, hereby resigns his appointment as such and Robert R. Church, as Successar Trustee, hereby accepts his appointment as such and further accepts the Trust for administration in accordance with the Trust Agreement and further covenants that he will faithfully administer the Trust in accordance with the Trust Agreement and discharge all the duties and responsibilities of the Trustee as provided in the Trust Agreement. IN WITNESS WHEREOF, the undersigned have executed this Instrument, with the same to be effective for all purposes from the date first above written. 4� � � � �'l� � � Witness r ,EOR A. SEAMANDS, Withdra��ing 11 J C,`' �1 f�'� Trustee . _. � ! f �� ,..�, _, , ,; Witness ROBERT R. CHURCH, Successor Trustee _,. : _ _ ��g,, (.�q � �,� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ^� ORPHANS' COURT DIVISION c � �' rn' FILE NO. 2013-00447 � � �,' � Q �—�� ' �, � c,� � ='� *a: r_ �,,_, ....r c:� �_. y..� -� r�i ._ _ � :�� v " , : _ , . , '. ; c-, c.� FIRST AND F1NAL ACCOLTNT OF ; ` _ ° y'' �" � -r► Robert R. Church, Esq., Co-Executor , r,.,., f�.� rn For The ,, ..:; r-� cr-n � Estate of Mildred L., Deceased � t-� �'`' Accounting for the period of 3/31/2013 — 8/31/2014 Purpose of Account: The Co-Executor offers this Account to acquaint interested parties with the transactions that have occurred during the stated period of estate administration. It is important that the Account be carefully examined. Requests for additional information, questions or objections can be discussed with: Robert R. Church, Esq. Supreme Court I.D.No. 40385 Keefer Wood Allen&Rahal, LLP P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8059 Attorney and Co-Executor � SUMMARY OF ACCOUNT Estate of Mildred L. Feeney For Period 3/31/2013 Through 8/31/2014 Fiduciary Acquisition Page Value Principal $ 348,693.83 Receipts �-2 Net Gain (or Loss)on Sales or Other Dispositions 0.00 0.00 Other Receipts �.29 Income transferred to Principal $ 348,695.12 Less Disbursements Administration Expenses (Prin) 3 $ 24,467.34 Fees and Commissions(Prin) 3-4 41,239.78 Funeral Expenses (Prin) 4 82�_8� Other Expenses (Prin) 4 1,356.52 67,891.51 Balance before Distributions $ 280,803.61 5 91,000.00 Distributions to Beneficiaries Principal Balance on Hand 6 $ 189,803.61 For Information: Investments Made � Changes in Investment Holdings 7-9 Income �� $ 1.29 Receipts 0.00 Less Disbursements � 29 Income transferred to Principal Balance before Distributions $ 0.00 0.00 Distributions to Beneficiaries Income Balance on Hand $ 0.00 Combined Balance on Hand $ 189,803.61 RECEIPTS OF PRINCIPAL Page 1 Estate of Mildred L. Feeney As of 3/31/2013 Fiduciary Assets Listed in Inventory Acquisition (Valued as of date received) Value Checking Accounts $ 50.02 Wells Fargo Checking Account#9532 66,345.93 M&T Bank Checking Account#951178816 $ 66,395.95 Certificates of Deposit 5,403.95 Wells Fargo Bank Certificate of Deposit#0287 $ Wells Fargo Bank Certificate of Deposit#0330 5,403.95 10,807.90 Refunds $ 25.00 Express Scripts, Inc. -co-pay overpayment 67 97 Verizon Refund 1,212.67 Bethany Village Refund USAA Credit Card Refund 116.91 Asbury Communities, Inc. Refund 243,720.00 Neill Funeral Home, Inc. Refund for Overpayment 395.00 245,537.55 Miscellaneous Property $ 1,531.47 Personal Property Sold at Auction Personal Property Sold At Auction 337.50 Personal Property Sold At Auction 35.75 Unidentified Deposit 183.53 Persian rug, valued per appraisal of Cordier Auctions 600.00 2,688.25 TOTAL INVENTORY $ 325,429.65 RECEIPTS OF PRINCIPAL Page 2 Estate of Mildred L. Feeney As of 3/31/2013 Receipts Subsequent to Inventory (Valued when received) 10/11/2013 Final transfer from the Thomas J. &Mildred L. Feeney Trust $ 21,442.38 11/12/2013 Navy Federal Credit Union -transfer from Trust to close acct. 5.00 12/5/2013 USAA Refund 1,651.80 03/11/2014 2012 Form 1040 Tax Refund 27.00 03/11/2014 2013 Form 1040 Tax Refund 138.00 TOTAL RECEIPTS SUBSEQUENT TO INVENTORY $ 23,264.18 SUMMARY $ 325,429.65 Total Inventory 23,264.18 Total Receipts Subsequent To Inventory TOTAL RECEIPTS OF PRINCIPAL $ 348,693.83 DISBURSEMENTS OF PRINCIPAL Page 3 Estate of Mildred L. Feeney For Period 3/31/2013 Through 8/31/2014 Administration Expenses (Prin) 6/4/2013 Verizon $ 303.19 telephone bill 6/4/2013 West Shore EMS 181.64 ambulance transportation bill 6/4/2013 Belfor USA Group, Inc. 173.10 cleaning of home 6/4/2013 Bethany Village g,594.41 Independent Living Final Payment 6/4/2013 Bethany Village 4,152.00 Skilled Nursing Final Payment 6/26/2013 Register of Wills, Agent 10,450.00 PA Inheritance Tax Prepayment 9/12/2013 M&T Bank 20.00 Bank Fees-GL Transaction Only 9/25/2013 M&T Bank 2.00 Bank Fees- Duplicate of Bank Statement 10/11/2013 M&T Bank-wire transfer fees 16.00 10/25/2013 M&T Bank-duplicate statement fee 2.00 10/31/2013 Register of Wills 10.00 Filing Fee- Release re: Pre-Residuary Distributions 11/18/2013 Register of Wills, Agent 550.00 Remaining PA Inheritance Tax Due 11/25/2013 M&T Bank-duplicate statement fee 2.00 2/14/2014 Pennsylvania Department of Revenue 11.00 $ 24,467.34 Fees and Commissions(Prin) 6/4/2013 Keefer Wood Allen & Rahal, LLP $ 317.16 attorneys' disbursements to 5-31-13 10/1/2013 Keefer Wood Allen & Rahal, LLP 14,922.78 attorneys' fees and disbursements through 9/30/13 DISBURSEMENTS OF PRINCIPAL Page 4 Estate of Mildred L. Feeney For Period 3/31/2013 Through 8/31/2014 8/31/2014 RESERVE -George A. Seamands, Co-Executor's � 2,500.00 commission 8/31/2014 RESERVE- Robert R. Church, Esq. -final attorney's fees to complete administration, including services as Co- 12,500.00 Executor and as Successor Trustee 8/31/2014 RESERVE -George A. Seamands, Trustee commission for pre-mortem trust administration and tax return preparation services from June 2003 to October 2013 @$1,000 per 10,000.00 annum 8/31/2014 RESERVE-Attorney's estimated disbursement expenses to complete administration and distribution, including filing 582.00 fees, etc. 8/31/2014 Keefer Wood Allen & Rahal, LLP-attorney's 417.84 disbursements to 8-31-14 $ 41,239.78 Funeral Expenses (Prin) 6/26/2013 Neill Funeral Home, Inc. 827 8� funeral expenses Other Expenses (Prin) 4/22/2013 Adusting entry to eliminate unidentified deposit mistakenly $ 183.52 included on Inventory 1/27/2014 George A. Seamands 573.00 funeral-burial reception reimbursement 8/31/2014 George A. Seamands- Persian rug in-kind partial payment 600.00 of fiduciary commission 1,356.52 TOTAL DISBURSEMENTS OF PRINCIPAL $ 67,891.51 DISTRIBUTIONS OF PRINCIPAL TO BENEFICIARIES Page 5 Estate of Mildred L. Feeney For Period 3/31/2013 Through 8/31/2014 To: The American Red Cross of Harrisburg, PA Pre-Residuary Distribution for Disaster Relief Fund $ 7,000.00 10/31/2013 Cash To: The Salvation Army of Harrisburg, PA Pre-Residuary Distribution for Disaster Relief Fund 7,000.00 10/31/2013 Cash To: Terri Pontes Pre-Residuary Distribution 7,000.00 10/31/2013 Cash To: Carol Ann Davies Pre-Residuary Distribution 10/31/2013 Cash 7,000.00 To: Brendan F. Feeney and Mary Egan Feeney Pre-Residuary Distribution 10/31/2013 Cash 31,500.00 To: Robert P. Feeney and Eileen Mescall Feeney Pre-Residuary Distribution 31,500.00 10/31I2013 Cash TOTAL DISTRIBUTIONS OF PRINCIPAL TO BENEFICIARIES $ 91,000.00 PRINCIPAL BALANCE ON HAND Page 6 Estate of Mildred L. Feeney As of 8/31I2014 Current Carrying Value Value Checking Accounts M&T Bank- ESTATE Checking Account $202,221.91 $202,221.91 M&T Bank Checking Account#951178816 2,355.80 2,355.80 Certificates of Deposit Wells Fargo Bank Certificate of Deposit#0287 5,403.95 5,403.95 Wells Fargo Bank Certificate of Deposit#0330 5,403.95 5,403.95 Other Liabilities Reserves to Close Account (25,582.00) (25,582.00) PRINCIPAL BALANCE ON HAND $189,803.61 $189,803.61 INFORMATION SCHEDULES Page 7 Estate of Mildred L. Feeney For Period 3/31/2013 Through 8/31/2014 Investments Made Reserves to Close Account 8/31/2014 RESERVE -George A. Seamands, Co-Executor's $ 2,500.00 commission Changes in Investment Hoidings Express Scripts, Inc. -co-pay overpayment $ 25.00 6/4/2013 Express Scripts, Inc. -co-pay overpayment (25.00) 0.00 Verizon Refund $ 67.97 6/27/2013 Verizon Refund �67.9�� 0.00 Bethany Village Refund $ 1,212.67 7/18/2013 Bethany Village Refund (1,212.67) 0.00 USAA Credit Card Refund $ 116.91 8/6/2013 USAA Credit Card Refund (116.91) 0.00 Asbury Communities, Inc. Refund $ 243,720.00 8/27/2013 Asbury Communities, Inc. 243,720.00) 90% Refundable Contract at Bethany Village ( 0.00 Neill Funeral Home, Inc. Refund for Overpayment $ 395.00 9/24/2013 Neill Funeral Home- refund for overpayment re: (395.00) transportation of ashes 0.00 INFORMATION SCHEDULES Page 8 Estate of Mildred L. Feeney For Period 3/31/2013 Through 8/31/2014 USAA Refund $ 1,651.80 12/5/2013 USAA Refund (1,651.80) $ 0.00 2012 Form 1040 Tax Refund $ 27.00 03/11/2014 2012 Form 1040 Tax Refund (27.00) 0.00 2013 Form 1040 Tax Refund $ 138.00 03/11/2014 2013 Form 1040 Tax Refund (138.00) 0.00 Personal Property Sold at Auction $ 1,531.47 7/16/2013 Cordier Auctions&Appraisals (1,531.47) personal property sold at auction 0.00 Personal Property Sold At Auction $ 337.50 8/20/2013 Cordier Auctions&Appraisals (337.50) personal property sold at auction 0.00 Personal Property Sold At Auction $ 35.75 9/24/2013 Personal Property Sold at Auction by Cordier Auctions& (35.75) Appraisals 0.00 $ 183.53 Unidentified Deposit 4/22/2013 Unidentified Deposit (183.53) 0.00 Persian rug, valued per appraisal of Cordier Auctions $ 600.00 7/16/2013 Persian rug, valued per appraisal of Cordier Auctions � 600.00 0.00 INFORMATION SCHEDULES Page 9 Estate of Mildred L. Feeney For Period 3/31/2013 Through 8/31/2014 Final transfer from the Thomas J. & Mildred L. Feeney Trust $ 21,442.38 10/11/2013 Final transfer from the Thomas J. and Mildred L. Feeney �21,442.38) Trust $ 0.00 Navy Federal Credit Union -transfer from Trust to close acct. $ 5.00 11/12/2013 Navy Federal Credit Union -Transfer from Trust to Close (5.00) Account 0.00 Reserves to Close Account $ 2,500.00 8/31/2014 RESERVE- Robert R. Church, Esq. -final attorney's fees to complete administration, including services as Co- 12,500.00 Executor and as Successor Trustee 8/31/2014 RESERVE -George A. Seamands, Trustee commission for pre-mortem trust administration and tax return preparation services from June 2003 to October 2013 @$1,000 per 10,000.00 annum 8/31/2014 RESERVE-Attorney's estimated disbursement expenses to complete administration and distribution, including filing 582.00 fees, etc. � 25,582.00 RECEIPTS OF INCOME Page 10 Estate of Mildred L. Feeney For Period 3/31/2013 Through 8/31/2014 Interest M&T Bank Checking Account#951178816 5/7/20131nterest $ 0.56 6l7/2013 Interest 0.38 0.19 7/5/2013 Interest 7/29/2013 I nterest 0.16 1.29 $ 1.29 Total Interest $ 1.29 TOTAL RECEIPTS OF INCOME AFFIDAVIT OF EXECUTOR COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF DAUPHIN � The undersigned, Robert R. Church, Esq., as Co-Executor of the Estate of Mildred L. Feeney,hereby declares under penalty of perjury that the foregoing First and Final Account of Executor is true and correct and fully discloses all significant transactions occurring during the accounting period;that, except as otherwise described in the Petition for Adjudication(the "Petition")to be filed herewith, all known claims against the Estate have been paid in full; that, except as otherwise stated in the Petition,to his knowledge, there are no claims now outstanding against the Estate; and that all taxes presently due from the Estate have been paid, except as otherwise stated in the Petition. . d� �� I�J `��'Y�� Robert R. Church, Esq., Co-Executor Subscribed and Sworn to before me this�day of , 2014. Notary Public COMMONWEALTH OF P�NNSYLVANIA Notarial Seal Kristi P.Foster,Notary PuWk Gty of Hartisburg,Dauphin County My Commisslon Expfres Sept.B,2016 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES x.,�R,.. ��.��.,� �.,. �..,tl��,w.�.:� .�� , _ �� Ig C��C�.�� IN THE COURT OF COMMON PLEAS . OF CUMBERLAND COUNTY o � ORPHANS' COURT DIVISION c � � � o � c� FILE NO. 2013-00447 � � �' � � rn �- c� .,...� c� _., �, r-- ►.j �.,.1 r�� ":_ t' fV ;;°;3 C7 ,� � ..: _ , ~:a �� FIRST AND F1NAL ACCOUNT OF ;� ` ; : -� � ��' � Robert R. Church, Esq., Successor Trustee � ` �� ,.._. f:�� rn For The � � � c� TRUST UNDER AGREEMENT OF TRUST �' � �`' Of Thomas J. and Mildred L., Deceased Dated March 20, 1998 � Accounting for the period of 3/31/2013 —8/31/2014 Purpose of Account: The Successor Trustee offers this Account to acquaint interested parties with the transactions that have occurred during the stated period of trust administration, following the death of the life beneficiary Mildred L. Feeney on March 31, 2014. It is important that the Account be carefully examined. Requests for additional information, questions or objections can be discussed with: Robert R. Church, Esq. Supreme Court I.D.No. 40385 Keefer Wood Allen& Rahal, LLP P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8059 Attorney and Successor Trustee ll SUMMARY OF ACCOUNT The Thomas J. and Mildred L. Feeney Trust For Period 3/31/2013 Through 8/31/2014 Fiduciary Acquisition Page Value Principal Principal Balance on 3/31/2013 1 $ 21,293.61 Net Gain (or Loss) on Sales or Other Dispositions 2 179.60 Other Receipts 0.00 $ 21,473.21 Less Disbursements 193.50 Other Expenses (Prin) 3 Balance before Distributions $ 21,279.71 Distributions to Beneficiaries 4 21,447.38 Principal Balance on Hand 5 $ (167.67) For Information: Investments Made 6 Changes in Investment Holdings 6 Income Receipts 7 $ 167.67 Less Disbursements 0.00 Balance before Distributions $ 167.67 Distributions to Beneficiaries 0.00 Income Balance on Hand $ 167.67 , Combined Balance on Hand $ 0.00 PRINCIPAL BALANCE ON 3/31/2013 Page 1 The Thomas J. and Mildred L. Feeney Trust Fiduciary Acquisition Value Savings Accounts $ 5.00 Navy Federal Credit Union Trust Savings Account Money Market Accounts 808.14 Vanguard Prime Money Market Mutual Funds Vanguard PA Tax Free Fd $ 4,863.79 415.517 Units Vanguard Star Fund 15,616.68 713.416 Units 20,480.47 PRINCIPAL BALANCE ON 3/31/2013 $ 21,293.61 ..�.�..,,a..��..��.�„ � _� . _____ GAINS AND LOSSES ON SALES AND OTHER DISPOSITIONS Page 2 The Thomas J. and Mildred L. Feeney Trust For Period 3/31I2013 Through 8/31/2014 Gain Loss 7/31/2013 Sale of 718.327 shares Vanguard Star Fund and transfer to Money Market Account 718.327 Units Net Proceeds $ 16,198.27 Fiduciary Acquisition Value 15,723.69 Net Gain $ 474.58 7/31/2013 Sale of 419.301 shares Vanguard PA Tax Free Fd and transfer to Money Market Account 419.301 Units Net Proceeds $ 4,612.31 Fiduciary Acquisition Value 4,907.29 Net Loss $ 294.9$ Total Gains and Losses 474.58 294.98 Less Loss �294_98� Net Gain $ 179.60 DISBURSEMENTS OF PRINCIPAL Page 3 The Thomas J. and Mildred L. Feeney Trust For Period 3/31/2013 Through 8/31/2014 Other Expenses (Prin) 4/22/2013 Decedent's pre-mortem checks that cleared after date of death $ 193.50 TOTAL DISBURSEMENTS OF PRINCIPAL $ 193.50 DISTRIBUTIONS OF PRINCIPAL TO BENEFICIARIES Page 4 The Thomas J. and Mildred L. Feeney Trust For Period 3/31/2013 Through 8/31/2014 To: Estate of Mildred L. Feeney, deceased Cioseout of Navy Federal Credit Union Trust Savings Accou nt and transfer of funds to Estate's M&T Bank checking acct. 11/12/2013 Cash $ 5.00 To: Estate of Mildred L. Feeney, deceased Closeout of Vanguard Prime Money Market account and funds were wired to the Estate's M&T Bank checking acct. 10/11/2013 Cash 21,442.38 Total for Estate of Mildred L. Feeney, deceased $21,447.38 TOTAL DISTRIBUTIONS OF PRINCIPAL TO BENEFICIARIES $ 21,447.38 PRINCIPAL BALANCE ON HAND Page 5 The Thomas J. and Mildred L. Feeney Trust As of 8/31/2014 Current Carrying Value Value $ 0.00 $ 0.00 Less: Income balance on hand 167.67 167.67 PRINCIPAL BALANCE ON HAND ( $167.67) ( $167.67) INFORMATION SCHEDULES Page 6 The Thomas J. and Mildred L. Feeney Trust For Period 3/31/2013 Through 8/31/2014 Investments Made Vanguard PA Tax Free Fd 4/30/2013 Dividends 1.212 Units $ 14.27 5/31/2013 Dividends 1.277 Units 14.78 6/28/2013 Dividends 1.295 Units 14.45 $ 43.50 Vanguard Star Fund 6/27/2013 Dividends 4.911 Units 107.01 Changes in Investment Holdings Vanguard PA Tax Free Fd $ 4,907.29 7/31/2013 Sale of 419.301 shares Vanguard PA Tax Free Fd and transfer to Money Market Account 419.301 Units (4,907.29) 0.00 Vanguard Star Fund $ 15,723.69 7/31/2013 Sale of 718.327 shares Vanguard Star Fund and transfer to Money Market Account 718.327 Units (15,723.69) 0.00 ..: �.-.�.,,.�.,�. m.., ��m___ RECEIPTS OF INCOME Page 7 The Thomas J. and Mildred L. Feeney Trust For Period 3/31/2013 Through 8/31/2014 Dividends Vanguard PA Tax Free Fd 4/30/2013 Dividends $ �4.27 5/31/2013 Dividends 14.78 6/28/2013 Dividends 14.45 7/31/2013 Dividends 15.11 58.61 Vanguard Star Fund 6/27/2013 Dividends 107.01 Total Dividends $ 165.62 Interest Vanguard Prime Money Market 9/1/2013 Interest from August 1, 2013 through October 11, 2013, the date the account was closed 2.05 Total Interest 2.05 TOTAL RECEIPTS OF INCOME $ 167.67 . R�..,.��,..�..,::.� . �. nf. �_ ,� W� c.._ _ AFFIDAVIT OF TRUSTEE COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF DAUPHIN � The undersigned, Robert R. Church, Esq., as Successor Trustee of the Thomas J. and Mildred L. Feeney Trust, dated March 20, 1998, hereby declares under penalty of perjury that the foregoing First and Final Account of Successor Trustee is true and correct and fully discloses all significant transactions occurring during the accounting period; that, except as otherwise described in the Petition for Adjudication(the "Petition")to be filed herewith, all known claims against the Trust have been paid in full; that, except as otherwise stated in the Petition,to his knowledge, there are no claims now outstanding against the Trust; and that all taxes presently due from the Trust have been paid, except as otherwise stated in the Petition. 6�(.�� Robert R. Church, Esq., Successor Trustee Subscribed and Sworn to before me this�day of , 2014. . � Notary Public COMMONWEALTH QF PENNSYLVANIA Notarial�eal Krisd P.Foster,Notary Public Gty of Marrisburg,Dauphin County My Commission Exph�es Sept 8,2016 MEMBER,PENNSYLVANIA ASSOCIATION Of NOTARIES