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OCUOU
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December 24, 2002
Register of Wills
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013-3387
RE: SIDNEY C. DEYO, JR.
SOCIAL SECURITY N0.210-26-9871
DATE OF DEATH: 10-12-02
Dear Sir:
Enclosed is one (1) check ($2200.00) for the prepayment for the
Pennsylvania Inheritance Tax for the above decedent. Please note that the
decedent's Will was not probated as the decedent maintained a Revocable Living
Trust.
Please forward a receipt for this payment to my office using the envelope
provided.
If you have any questions or require further information, please do not
hesitate to contact me.
Sincerely,
Susan E. Lederer, Esquire
Enclosure: Check for Pennsylvania Inheritance Tax: Prepayment
4811 Jonestown Road Suite 226 Harrisburg, PA 17109 Phone 717.652.7323 Fax 717.652.7340 Susan@ledererlaw.com
www.ledererlaw.com
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
DEPT. 280601
HARRISBURG, PA 17128-0601
RECEIVED FROM:
PENNSYLVANIA
INHERITANCE AND ESTATE TAX
OFFICIAL RECEIPT
NO. CD 001996
LEDERER SUSAN E ESQUIRE
4811 JONESTOWN ROAD
HARRISBURG, PA 17109
-------- fold
ESTATE INFORMATION: Ssly: 210-26-9871
FILE NUMBER: 2102- 1 1 65
DECEDENT NAME: DEMO SIDNEY C
DATE OF PAYMENT: 1 2/26/2002
POSTMARK DATE: 1 2/24/2002
couNTY: CUMBERLAND
DATE OF DEATH: 1 0/ 1 2/2002
REMARKS:
SEAL
ACN
ASSESSMENT AMOUNT
CONTROL
NUMBER
101 ~ 5 2, 200.00
TOTAL AMOUNT PAID:
INITIALS:
RECEIVED BY: DONNA M. OTTO
REV-1162 EX111-96)
52,200.00
DEPUTY REGISTER OF WILLS
REGISTER OF WILLS
R~,~~,5IlIl F.~. (6-<10) (.
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COMMONWEALl"1-1 OF PENNSYLVANIA
DEPAATMENTOFREVENUE
DEPT,2B0601
HARRISBURG,PA 17128_0601
17-IJD'-IY
REV-1500
INHERITANCE TAX RETURN
RESIDENT DECEDENT
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DECEDENT'S NAME (LAST, FIRST, AND MIDDLE INITIAL)
Deyo, Sidney C.
DATE OF DEATH (MM-DD-YEAR)
DATE OF BIRTH (MM-DD-YEARI
I 10112/2002 08/0511932
\ (IF APPLICABLE) SURVIVING SPOUSE'S NAME (LAST, FIRST AND MIDDLE INITIA!_)
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o 2. Supplemental Return
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1. Original ReturrI
4. Limited Estate
Decedent Died Testate (Attach copy
of Will)
Litigation Proceeds Received
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FIRM NAME (11 applicable)
I Law Offices of Susan E. Lederer
ELEPHONE NUMBER
717/652-7323
1. Real Estate (Schedule A)
2. Stocks and Bonds (Schedule B)
3. Closely Held Corporation, Partnership or Sole.Proprietorship
4. Mortgages & Notes Receivable (Schedule D)
5. Cash, Bank Deposits & Miscellaneous Personal Property
(Schedule E)
6. Jointly Owned Property (Schedule F)
o Separate Billing Requested
7. \nter-VivosTransfers & Miscellaneous Non-Probate Property
(Schedule G or L)
8. Total Gross Assets (total Lines 1-7)
9. Funeral Expenses & Administrative Costs (Schedule H)
10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I)
11. Total Deductions (total Lines 9 & 10)
12. Net Value of Estate (Une 8 minus Line 11)
-- ~-~ ~--~-~--~---^-~ - -{)j
t~-^ __~1
i FILE NUMBER
I
I SOCIAL SECURITY NUMBER
210-26-9871
21
COUNTY CODE
02
1165
YEAR
NUMBER
THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
SOCtAl SECURITY NUMBER
o 3. Remainder Return (date 01 death prior to 12-13-62)
o
o
5, Federa.l Estate Tax Return Required
8. Total Number of Sale Deposit Boxes
o 11.Election to tax under Sec. 9113(A) (Attach Sch 0)
4811 J ones town Rd.
Suite 226
Harrisburg, P A 17109
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Noi'er'-l
s: P_"
No~e-I,
I
Nohe (
None
4,362.65
Nolt~
"L
53.581.1 6
(9)
(10)
4,647.70
20.00
13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been
made (Schedule J)
14. Net Value Subject to Tax (Line 12 minus Line 13)
Future Interest Compromise (data o'deathalter
12-12-82)
Decedent Maintained a Living Trust (Atlach
copy of Trusl)
10. Spousal Poverty Credit (date of death between
12-31-91 and 1-1-95
THIS 'SECT1QNiMUSTsEiCbMPLETED';;'ALl.CORRESPONDENCE'.AND.'CONFIDENTIAL.TAX:INFORMATION' SHOLJLO'BE:OIAECTEDT():; ,
AME COMPLETE MAIUNG ADDRESS
Susan K Lederer '
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(8)
57,943.81
(11)
4,667.70
(12)
53,276.11
(13)
(14)
53,276.11
SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES
15. Amount at Une 14 taxable at the spousal tax rate, x ,00 (15)
or transfers under Sec. 9116(a)(1.2}
z 53,276.11 .045 (16)
0 16. Amount of Line 14 taxable at lineal rate x
"
.
~
~ 17.Amount of Line 14 taxable at sibling rate x .12 (17)
,
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x 18. Amount of Line 14 taxable at collateral rate
~ x ,15 (18)
--
19. Tax Due (19)
i 20. 0
CHECK HERE IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT,
2,397.42
2,397.42
,?;;i"sEEsURETCl:ANSWEFt"ALLaUESTIONS:o'N:REVEASE SIDE:iAND'Ri:cHECKMATH<<:,"
Copyright 2000 form so1tware only The L.ackner Group, Inc.
Form REV-1500 EX (Rev. 6~OO)
Decedent's Complete Address:
STREET ADDRESS
2100 Bent Creek Blvd.
,
CITY
Mechanicsburg,
I STATE PA
I ZIP 17055
Tax Payments and Credits:
1. Tax Due (Page 1 Line 19)
2. Credits/Payments
A. Spousal Poverty Credit
B. Prior Payments
C. Discount
2,200.00
115.79
Total Credits (A + B + C)
3. InteresVPenalty if applicable
D. Interest
E. Penalty
Total fnteresVPenalty (D + E)
4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT.
Check box on Page 1 Line 20 to request a refund
5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE.
A. Enter the interest on the tax due.
B. Enter the total of Line 5 + 5A. This is the BALANCE DUE.
Make Check
to: REGISTER OF WILLS, AGENT
(1)
2,397.42
(2)
2,315.79
(3) 0.00
(4)
(5) 81.63
(5A)
(5B) 81.63
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS
1. Did decedent make a transfer and:
a. retain the use or income of the property transferred; .......................................... .................................
b. retain the right to designate who shall use the property transferred or its income;........
c. retain a reversionary interest; or................. ............... ..... ...................... ......................
d. receive the promise for life of either payments, benefits or care? .................. ..................... .................
2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without
receiving adequate consideration?. ............................... ........................ ............... .....................
3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? .........
4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which
contains a beneficiary designation? ...................................... .................. .....................................
Yes No
~ ~
o 181
o 181
o 181
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN.
Under penalties of pe~ury, I declare that I have examined this retum, including accompanying sChedules and statements, and to the best 01 my knowledge and beliel, it is true, correct
and complete. Declaration 01
preparer other than the personal representative is based on all Inlormatlon 01 which preparerhas anyknowled e.
SIGNATURE OF PERSON R SPO LE FOR F: ING RETU ADDRESS
Sidney Dey P. O. Box 112
Mechanicsburg, P A 17055
SI
ADDRESS
SIGNATURE OF REPARER OTHER THAN REPRESENTATIVE
Susan E. Lederer
ADDRESS
4811 Jonestown Rd.
Suite 226
Harrisburg, P A 17109
':3,
,
For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the
surviving spouse is 3% [72 P.5. 99116 (a) (1.1) (i)).
For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0%
[72 P.S. 99116 (a) (1.1) (ii)J. The statute does not exemot a transfer to a surviving spouse from tax, and the statutory requirements for disclosure
of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary.
For dates of death on or after July 1, 2000:
The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural
parent, an adoptive parent, or a stepparent of the child is 0% [72 P .5. 99116 (a) (1.2)].
The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5%, except as noted in 72 P .8. 99116
1.2) [72 P.S. 99116 (a) (1 )1.
The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12% [72 P.S. 99116 (a) (1.3)J. A sibling is defined,
under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption.
'.
SCHEDULE E
CASH, BANK DEPOSITS, & MISC.
PERSONAL PROPERTY
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
Deyo, Sidney C.
I FILE NUMBER
21-02-1165
Include the proceeds of litigation and the date the proceeds were received by the estate, All properly jointly-owned with the right of
survivorship must be disclosed on schedule F.
ITEM
NUMBER
I
DESCRIPTION
VALUE AT DATE OF
DEATH
3,085.76
Commerce Bank Checking Account #: 513146431, titled to Sidney C. Deyo
2
Final Pension Check
410.96
3
Refund from The Bridges at Bent Creek
713.96
4
Refund from Capital BlueCross/Pennsylvania BlueShield
105.00
5
Refund from Verizon
46.97
TOTAL (Also enter on Line 5, Recapitulation)
4,362,65
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SCHEDULE G
INTER-VIVOS TRANSFERS &
MISC. NON-PROBATE PROPERTY
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
FILE NUMBER
21-02-1165
Deyo, Sidney C.
ITEM
NUMBER
This schedule must be com leted and filed if the answer to an of uestions 1 throu
DESCRIPTION OF PROPERTY
Include the name of the transferee, lt1eir relationship 10 decedenl and the dels 01 transfer.
Attache copy of the cteed for real estate.
3047.150 shares Prime Money Market Fund, held in
Vanguard Account Number 09896925361, titled to Sidney
C. Deyo, Jr. Trust ($1.00/sh)
2
230.813 shares U. S. Growth Fund, held in Vanguard
Account Number 09896925361, titled to Sidney C. Deyo,
Jr. Trust ($11.97/sh)
DATE OF DEATH
VALUE OF ASSET
"/0 OF
DECD'S
INTEREST
EXCLUSION
(IF APPLICABLE)
3
1666.349 shares Wellesley income Fund, held in Vanguard
Account Number 09896925361, titled to Sidney C. Deyo,
, Jr. Trust ($]9.08/sh)
I
TAXABLE VALUE
3,047.151 100%
3,047.15
4
121.282 shares of Marathon Oil, held in National City
Account Number 7371617148, titled to the Sidney C. Deyo
Trust, ($21.54/sh)
2,762.831 100%
2,762.83
5
I New Yark Life Insurance Company fixed annuity number
I AN727309, titled to Sidney C. Deyo, Jr., Sidney C. Deyo,
I Jr. Trust, beneficiary
3],785.61 100%
31,785.61
6
100 shares GlaxoSmithKline PLC, held in Bank of New
York Account Number 1704-0003636990, titled to the
Sidney C. Deyo Living Trust ($41.02/sh)
2,612.11 100%
2,612.11
7
. 122 shares Verizon, held in EquiServe Account Number
1107-8904, titled to the Sidney C. Deyo Living Trust
($34.79/sh)
3,542.18 100%
,
i
4,101.501 100%
I
I
4,244.38 100%
3,542.18
4,10]50
4,244.38
8 ; New York Life Insurance Company variable annuity number 548.24 100% 548.24
58012666, titled to Sidney C. Deyo, Jr., Sidney W. Deyo,
beneficiary I
9 , 100 shares Cable & Wireless, held in Fahnestock account 596.50' 100% 596.50
I number A25-0017140-BI5, titled to the Sidney W. Deyo, Jr.
Living Trust ($5.965/sh)
10 Fahnestock Prime Cash, held in Fahnestock account number 340.66 100% 340.66
A25-0017140-BI5, titled to Sidney C. Deyo, Jr. Living
Trust
53,581.16
TOTAL (Also enter on line 7, Recapitulation)
'.
SCHEDULE H
FUNERAL EXPENSES &
ADMINISTRATIVE COSTS
COMMONWEALTH OF PENNSYLVANIA
INHERITANCfTAXRETURN
RESIDENT DECEDENT
ESTATE OF
Deyo, Sidney C.
I FILE NUMBER
21-02-1165
Debts 01 decedent must be reported on Schedule I.
ITEM I DESCRIPTION
NUMBER
A. : FUNERAL EXPENSES:
Rolling Green Cemetery
AMOUNT
2,093.00
2
Funeral Clothing
51.98
3
Funeral Dinner
125.91
4
Funeral Haircut
16.00
5
SCI Management LP (Gravestone)
627.66
I ADMINISTRATIVE COSTS:
Personal Representative's Commissions
B.
1.
Social Security Number(s) / ErN Number of Personal Representative(s):
Street Address
City State
Year(s) Commission paid
Attorney's Fees Law Offices of Susan E. Lederer
Zip
2.
1,500.00
3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation)
Claimant
Street Address
City
Relationship of Claimant to Decedent
State
Zip
4.
Probate Fees
Cumberland County Register of Wills Filing Fee
15.00
5. Accountant's Fees
6.
Tax Return Preparer's Fees
Snavely Financial Services
85.00
7.
Other Administrative Costs
Moving of Decedent's Possessions
37.75
2
Storage of Decedent's Possessions
95.40
TOTAL (Also enter on line 9, Recapitulation)
4,647.70
'.
SCHEDULE I
DEBTS OF DECEDENT, MORTGAGE
LIABILITIES, & LIENS
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
Deyo, Sidney C.
I FILE NUMBER
21-02-1165
Include unreimbursed medical expenses.
ITEM
NUMBER
1 ROBe Limited Partnership - Final Bill
DESCRIPTION
AMOUNT
20.00
TOTAL (Also enter on Line 10, Recapitulation)
20.00
I\'i::V-1513 E.X~'{9-00)
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SCHEDULE J
BENEFICIARIES
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
NUMBER
NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY
'I FILE NUMBER
21-02-1165
RELATIONSHIP TO
"_ ~ECEDENT
AMOUNT OR SHARE
OF ESTATE
ESTATE OF
Deyo, Sidney C.
I TAXABLE DISTRIBUTIONS (include outright spousal distributions)
.
Sidney W. Deyo
P. O. Box 112
Mechanicsburg, PA 17055
Son
One Hundred Percent
II.
I Enter dollar amounts for distributions shown above on lines 15 through 18, as appropriate, on Rev 1500 cover sheet I
!NON-TAXABLE DISTRIBUTIONS: I
IA. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT I
IBEING MADE
I
I
I
I
I
lB. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
I
I
I
I
I
TOTAL OF PART 11- ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEETI
SECOND AMENDMENT TO
THE SIDNEY C. DEYO A/KJA SIDNEY C. DEYO, JR. LIVING TRUST
On November 2, 1995, I, SIDNEY C. DEYO aJkIa SIDNEY C. DEYO, JR. signed the
SIDNEY C. DEYO NKJA SIDNEY C. DEYO, JR. LIVING TRUST, as Trustor, more formally
known as
SIDNEY C. DEYO aJkIa SIDNEY C. DEYO, JR., Trustee, or his successors in trust, under
the SIDNEY C. DEYO NKlA SIDNEY C. DEYO, JR. LIVING TRUST dated November
2, 1995 and any amendments thereto
On July 17, 1997, I signed a First Amendment to the SIDNEY C. DEYO NKJA SIDNEY
C. DEYO, JR. LIVING TRUST.
Pursuant to the right reserved to me under Article Four of the original trust agreement
referred to above which allows me to amend my Living Trust in writing at any time, I hereby
amend that trust agreement and the First Amendment to the trust agreement in the following
respects:
1. Article Eight of my original Living Trust Agreement and Article Eight of the First
Amendment to my Living Trust Agreement are hereby revoked in their entirety, and
amended as follows:
Article Eight
Division and Distribution of Trust Property
Section 1.
Division of Trust Property into Shares
My Trustee shall divide all trust property not previously distributed into separate shares as
follows:
R~nt:>f1r.l::lry'" Name.
SIDNEY W. DEYO
Share.
100%
Section 2.
Distribution of Trust Shares for my Beneficiaries
The trust share of each beneficiary named in Section I of this Article shall be held, administered
and distributed as follows:
a. Distribution of Trust Share for SIDNEY W. DEYO
1. Distribution of Net Income and Principal
My Trustee shall distribute the net income and principal from the trust share to
SIDNEY W. DEYO, free of trust.
2. Distribution upon Death of Beneficiary
If SIDNEY W. DEYO dies prior to termination of said trust share, my Trustee
shall distribute the net income and principal of the trust share to my daughter SUSAN L.
EDMUNDOWICZ.
I confirm and readopt the remaining provisions of my original trust agreement, and the First
Amendment to my trust agreement, reserving to myself the right to amend further that trust
agreement, the First amendment to the trust agreement and this amendment thereto.
Dated: May 23, 2002.
:r;:7::'::.._-
(y/
~/.~
SIDNEY C. EYO a/k/a SID
and Trustee
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, Trustor \. \
COMMONWEALTH OF PENNSYLVANIA)
)
COUNTY OF DAUPHIN )
We, S4eue S;PU<'11 Ie.-( and 0L( , the witnesses
whose names are signed to the attached or foregoing instru t, being duly qualified according to
law do depose and say that we were present and saw the trustor sign and execute the instrument as
the Second Amendment to his Revocable Trust; that the trustor signed willingly and executed it as
his free and voluntary act for the purposes therein expressed; that each subscribing witness in the
hearing and sight of the trustor signed the instrument as a witness; and that to the best of our
knowledge the trustor was at that time eighteen or more years of age, of sound mind and under no
constraint or undue influence.
~~ CY;e"~,y~ ~'~'iY' )~~0
I, SIDNEY C. DEYO alkfa SIDNEY C. DEYO, JR., trustor, whose name is signed
to the attached or foregoing instrument, having been duly qualified according to law, do hereby
acknowledge that I signed and executed the instrument as the Second Amendment to my Revocable
Trust; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes
therein expressed.
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T~storh~~~, .
NEY C. DEYO, J
Subscribed and swom to and acknowledged before me by SIDNEY C. DEYO alkfa
SIDNEY C. DEYO, JR., the trustor, and subscribed and sworn to before me by
S~v~/"'?'~~...,_~ , and., , h\. [ ~~ , witnesses, on May 23,2002.
li-;, ~ E'~ -~ .~ "
SUSAN E. LEDERER, Notary Public
-'--
N~ Seal
SlIsaD Il l.elkrer ~ Public
Lower mUm 't'wp.: Dauphin County
My Commission Expires May 3._:.~
AMENDMENT OF TRUST
1. The name of my trust is the Sidney C. Deyo A/K/A Sidney C.
Deyo, Jr., trustee, or his successors in trust under the Sidney C.
Deyo A/K/A Sidney C. Deyo, Jr., Living Trust date November 2, 1995.
2. In accordance with Article Four, Section l(d), entitled "Right
to Amend or Revoke My Trust," I am exercising my power as Trustor
to amend my Trust as follows:
Article Six, Section l(a). I hereby delete Leonard and Joann
Frownfel ter as named beneficiaries under this article. I
choose not to make any distributions under this article.
Article Eight, Section 1. Division of Trust Property Into
Shares:
I hereby delete the following individuals as named
benef iciaries under this article: Fletcher Crimbring,
Kristian Crimbring, Michelle Thompson, Issue of Sidney W.
Deyo, Issue of Susan L. Deyo Edmundowicz, Angie
Crimbring, wendy Richter Shuman, Fred C. Richter, Jr.,
and Melissa Thompson.
Article Eight, Section 1, shall now read:
My Trustee shall divide all trust property not previously
distributed into separate shares as follows:
Sidney W. Deyo
100%
Article Three, Section 4(b). Disability Trustees of Sidney
C. Deyo A/K/A Sidney C. Deyo, Jr.
I hereby remove Joann F. Frownfelter and Fred C. Richter
and Wade M. Crimbring as successor disability trustees
under this section. I hereby appoint my son, Sidney W.
Deyo as my successor disability trustee. .
- I"~" .
:""
Article Three, Section 4{c). Death Trustees of Sidney C.Deyo
A/K/A Sidney C. Deyo, Jr.
I hereby remove Joann F. Frownfelter and Fred C. Richter
and Wade M. Crimbring as my successor death trustees
under this section. I hereby appoint my son Sidney W.
Deyo as my successor death trustee.
..
I certify that I have read the foregoing amendment and that it correctly states the amended terms
and conditions under which my trust property is bo be held, administered and distributed by my
trustee. I approve this amendment in all its particulars and request my Trustee to execute it.
~~ \I, ~~'"'
, \'-'", ,"
STATE OF PENNSYLVANIA
: SS
COUNTY OF CUMBERLAND
On this 17th day ofJuly, 1997, before me a Notary Public, the undersigned officer, personally
appeared Sidney C. Deyo AIKJ A Sidney C. Deyo, Jr., Trustor. 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.
hereofI hereunto set my hand and official seal.
Notarial Seal
Robert J. Kreidler, Notary Public
Susquehan~a Twp.,. DauphIn County
My CommiSSion Expires Aug. 24, 1998
Member, Pennsyivatl1aAsscClatiOn of Notanes
The
SIDNEY C. DEYO A/KJA SIDNEY C. DEYO, JR.
LIVING TRUST
prepared for
SIDNEY C. DEYO A/KIA SIDNEY C. DEYO, JR.
JAMES, SMITH & DURKIN
Attorneys-at-Law
134 Sipe Avenue
Hummelstown, Pennsylvania 17036
(717) 533-3280 FAX (717) 533-2795
's James. Smith &: Durkin
All Rights Reserved
I
SIDNEY C. DEYO A/KJA SIDNEY C. DEYO, JR. LIVING
TRUST
Article One
Article Two
Article Three
Article Four
Aliicle Five
Article Six
Article Seven
Article Eight
Article Nine
Article Ten
Article Eleven
Article Twelve
Table of Contents
Trust Creation , , , , , , , , , , , , , , , , ' , , ' , , ' , , ' . , . , , , , , " I-I
The Trust Estate , , , , , , , , , , , , , , , ' , , ' , , ' , , ' , , , , , ' , , " 2-1
Appointment of Trustees. . . . . . , . . . . . . . , . . , . . . . . . . . . 3-1
Trustor's Lifetime Rights, """,,'..'.........,..., 4-1
Trust Administration Upon My Death . . . . , . . . . . , . . . . , . . .. 5-1
Specific Distributions of Trust Property . . . . . . , , , , . . " 6-1
Common Pot Trust. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7-1
Division and Distribution of Trust Property
Distribution If No Designated Beneficiaries
Trustee Administration ...,.........'
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9-1
10-]
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12-1
Trustee Investment Powers .....'
General Provisions ......,...
. .~.
SIDNEY C. DEYO AIKIA SIDNEY C. DEYO, JR.
LIVING TRUST
Article One
Trust Creation
Section 1.
Parties to My Trust
This trust agreement dated NOV n? 1'1Q5 is made between SIDNEY C. DEYO A/KiA
SIDNEY C. DEYO, JR., the Trustor, also known as SIDNEY C. DEYO A/KiA SIDNEY C. DEYO, JR., and
the following initial Trustees:
SIDNEY C. DEYO AiKiA SlDNEY C. DEYO, JR.
Section 2.
Name of My Trust
This trust may be referred to as the:
SIDNEY C. DEYO A/KIA SIDNEY C. DEYO, JR. LIVING TRUST, dated
NOli \l Z 1995
The formal name of my trust and the designation to be used for the transfer of title to the name
of my trust is:
SIDNEY C. DEYO A/KiA SLDNEY C. DEYO, JR., Trustee, or his successors in trust.
under the SLDNEY c. DEYO A1KJA SIDNEY C. DEYO, JR. LIVING TRUST dated
'E \1 .-,' 1095 and any amendments thereto
Section 3.
Revocable Living Trust
My Trust is a revocable living trust.
Section 4.
Trustor as Trustee
Unless otherwise provided in this trust agreement, when I am serving as Trustee under this trust
I mav conduct business and act on behalf of nw trust without the consent of anv other Trustee.
..I . ~.
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Section 5. lVIy Family
a. The name(s) and birth date(s) of the children of SIDNEY C. DEYO AlKiA
SIDNEY C. DEYO, JR. are:
Name Birth date
SLDNEY W. DEYO
SUSAN L. DEYO EDMUNDOWICZ
September 14, 1957
July 13, 1962
All references to the children ofSlDNEY c. DEYO AIKlA SIDNEY C. DEYO, JR. in this
instrument are to these children and any children subsequently born to or adopted
by him.
I have intentionally made no provision for my children not due to any lack of
affection, but because I feel they are otherwise well provided for. No other
provision of this agreement shall be construed contrary to this expressed intent.
1-2
Article Two
The Trust Estate
Section 1.
Initial Transfer of Property
I hereby assign, convey, transfer and deliver to my Trustee all property set forth on Schedule
"A", attached hereto, and made part of this trust agreement. My Trustee acknowledges receipt
of all assets listed on the attached Schedule.
All assets titled in the name of my trust or in the name of my Trustee, but not listed on Schedule
"A", shall be considered a part of my trust estate as if they had been set forth on the attached
Schedule.
Section 2.
Additional Transfer of Property
My Trustee is authorized to accept additional transfers of property interests of all kinds at any
time in any manl1er by me or any other person or entity.
All property interests received by transfer. assignment, gift, bequest, devise or beneficiary
designation shall become a part of my trust estate unless disclaimed by my Trustee.
Section 3.
Composition of Trust Property
In addition to the property described in the previous Sections, my trust estate shall include the
following:
a. All insurance policies transferred to my trust or policies in which my
trust is named as beneficiary plus the proceeds of those policies;
b. Any interest in any pension, retirement or death benefit bonus, prollt-
sharing or employee's savings plan or any similar contract created or
entered into by an employer for the benefit of some or all employees
which is transferred to my trust or in which my trust is named as
beneficiary and all proceeds of any such benefit. bonus, plan or
contract; and
c. Any other property or interest in property which becomes subject to my
trust.
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Section 4.
Acceptance of Trust Property
All properlY transferred to my trust and not disclaimed by my Trustee shall be held, administered
and distributed according to the terms of this agreement.
Section 5.
Trust Property Schedule
The trust property transferred to my trust is set forth on Schedule "A".
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Article Three
Appointment of Trustees
Section 1.
Definition of Trustee
All references in this agreement to "Trustee" shall be deemed a reference to the person or entity
who is then serving as Trustee and shall include alternate or successor Trustees or Co-Trustees
unless the context requires otherwise.
Section 2.
Resignation of a Trustee
Any Trustee may resign at any time without court approval by giving written notice to me or to
my personal representatives. If I am not living, written notice shall be given to my successor
Trustee, or if there is no successor, to the beneficiaries then entitled to receive income or
principal distributions under this agreement, to their respective personal representatives. or if such
beneficiaries then be minors, to the persons having the care or custody of them.
Section 3.
Removal of a Trustee
Any Trustee may be removed under this agreement as follows:
a. While I am Both Alive and Competent
While I am both alive and legally competent, I shall have the right to remove any
Trustee appointed under this agreement at any time with no requirement that the
removed Trustee receive any reason for such termination.
b. Removal by Others
After my death or legal incompetency, any Trustee may be removed by a majority
vote of the beneficiaries then entitled to receive income or principal distributions
under this trust agreement or their personal representatives at any time for cause.
c. Notice to Removed Trustee
Written notice of removal under this agreement shall be effective immediately
when signed by the person or persons authorized to make the removal and
delivered to the Trustee personally or deposit by United States certified mail.
return receipt requested. The written notice removing a Trustee shall designate a
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successor Trustee.
d. Transfer of Trust Property
The Trustee so removed shall promptly transfer and deliver to the successor
Trustee all property of the trust under its possession and control.
Section 4.
Designated Successor Trustees
Whenever a Trustee is removed, dies, resigns, becomes legally incapacitated or is otherwise
unable or unwilling to serve, that Trustee shall be replaced as follows:
a. The Death or Disability of a Trustee While I am Serving as Trustee
I may serve as the only Trustee or I may name any number of Trustees to serve
with me. If any of these other Trustees subsequently dies, resigns, becomes
legally incapacitated or is otherwise tillable or unwilling to serve as a Trustee, I
mayor mav not fill the vacancy.
b. Disability Trustees of SIDNEY C. DEYO A/KIA SIDNEY C. DEYO, .JR.
Upon the disability of SIDNEY C. DEYO A/KIA SIDNEY C. DEYO. JR., if he is then
serving as an initial Trustee he shall be replaced by the following Disability
Trustee(s):
JOANN F. FROWNFELTER AND
FRED C. RICHTER AND
WADE M. CRIMBRrNG, JOINTLY
If for any reason, one of the Disability Trustee(s) named above is unable or
unwilling to serve. the remaining successor Disability Trustee(s) shall appoint
another successor Trustee. It is my intention that three (3) Disability Trustee(s)
serve together during the term of this trust.
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c. Death Trustees of SIDNEY C. DE YO A/K/A SIDNEY C. DEYO, JR.
Upon the death of SIDNEY C. DEYO A/KIA SIDNEY C. DEYO. JR., if he is then
servmg as an initial Trustee, he shall be replaced by the following Death
T rustee( s):
JOANN F. FROWNFELTER AND
FRED C. RICHTER AND
WADE M. CRIMBRING, JOINTLY
If, for any reason, one of the Death Trustee(s) named above is unable or unwilling
to serve, the remaining successor Death Trustee(s) shall appoint another successor
Trustee. It is my intention that three (3) Death Trustee(s) serve together during
the term of this trust.
Section 5.
Definition of Disability
A Trustee shall be considered disabled in the event that a court of competent jurisdiction
determines that such Trustee is legally incompetent, or in the event that a Trustee is not
adjudicated incompetent but, by reason of illness or mental disability. such Trustee has been
certified by two unassociated, licensed physicians to be unable to properly handle his or her own
affairs.
Section 6.
No Designated Successor Trustees
If at any time there is no Trustee acting under this agreement and there is no person or institution
designated and qualified as a successor Trustee, a majority of the beneficiaries then eligible to
receive distributions of income or principal under this agreement or their legal representatives
shall appoint a successor Trustee. If any trust existing under this agreement lacks a Trustee and
no successor is appointed pursuant to this Section. the vacancy shall be filled by a court of
competent jurisdiction.
Section 7.
Responsibility of Successor Trustees
A successor Trustee shall have the same rights, powers, duties, discretions and iml11lmities as if
it had been named as initial Trustee under this agreement. No successor Trustee shall be
personally liable for any act or failure to act of any predecessor Trustee or shall have any duty
to exan1ine the records of any earlier Trustee. A successor Trustee may accept the account
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rendered and the property delivered by or on behalf of a predecessor Trustee as a full and
complete discharge of the duties of the predecessor Trustee without incurring any responsibility
or liability for so doing.
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Article Four
Trustor's Lifetime Rights
Section 1.
Rights While I am Alive and Legally Competent
During my lifetime while I am legally competent I shall have the following powers over the trust
property and my Trustee:
a. Right to Trust Income
My Trustee shall pay to me or apply for my benefit all the net income from this
trust monthly or in other convenient installments as I may direct.
b. Righ t to Trust Principal
My Trustee shall pay to me or apply for my benefit such sums from the principal
of tlllS trust as I may direct. I may not. however, direct my Trustee to make gifts
from trust property to tl1ird parties. If my Trustee inadvertently makes a
distribution I intended as a gift directly from the trust to a third party. that
distribution shall be construed as a distribution to me first. then a gift to the third
party from me.
c. Right to Add and Remove Property
By written direction delivered to my Trustee, I may add other property to my trust
or withdraw property in any amount and at any time.
d. Right to Amend or Revoke My Trust
I shall have the right to amend, modify. alter, revoke or terminate my trust or any
separate trusts created under this agreement at any time in whole or in part. Any
amendment or revocation of this trust agreement must be delivered to my Trustee
in writing. The power to amend, revoke or terminate this trust is personal to me
and may not be exercised by any other person or entity.
After my death this trust or any trust created by this agreement shall be
irrevocable and not subject to amendment.
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e. Delivery of Property After Revocation
After any revocation or termination of any trust created by this agreement, my
Trustee shall promptly deliver the designated trust property to me.
f. Trustee's Retention of Assets Upon Revocation
In the event of any revocation of all or part of my trust. my Trustee shall be
entitled to retain sufficient assets to reasonably secure the payment of liabilities
my Trustee has lawfully incurred in administering the trust and any fees that have
been earned by my Trustee until such time as those liabilities have been
discharged and fees paid, unless I indemnify my Trustee against loss or expense.
Section 2.
Power to Direct Investments
I shall have the right to direct investments of trust property as follows:
a. Invest trust funds in specified securities, properties, or other
forms of investment;
b. Retain as part of the trust estate for specified periods of
time, securities, properties or other forms of investment held
in trust under this instrument; and
c. SelL encumber, lease, abandon or dispose of any trust
property.
Mv Trustee shall not be liable for anv losses sustained as a direct or indirect result
. ~
of any action taken in accordance with the terms of the written direction. All
directions shall be in a writing signed by me, specifying, if applicable. the period
of time during which the instructions shall remain in effect and describing any
other conditions affecting the directions.
Section 3.
Trustor's Rights During Disability
a.
Disability Defined
I shall be considered disabled in the event a court of competent jurisdiction
determines that I am legally incompetent or in the event that I am not adjudicated
incompetent, but by reason of illness or mental disability I am, in the opinion of
two unassociated, licensed physicians unable to properly handle my own affairs.
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b, Income and Principal Distributions
My Trustee during the period of a a Trustor's disability shall pay to or apply for
that Trustor's benefit as much of the net income and principal of my trust estate
as my Trustee in its sole discretion shall deem necessary or advisable.
c. Payment of Obligations
My Trustee during the period of my disability shall from time to time pay my
valid obligations. my medical expenses and provide for my comfortable
maintenance and welfare, taking into consideration my other income or resources.
d. Tax Planning
Durin!!: mv life, should I become disabled. mv Trustee mav exercise the followim,
...... - - ~.. '-'
powers as attorney in fact on my behalf, either alone or in conjunction with any
other attorney in fact under a durable power of attorney, but the primary concern
of my Trustee shall be for my welfare and secondarily for the welfare of my lineal
descendants for tax planning:
1.
My Trustee may make additional distributions to my
lineal descendants equally by class for the purpose
of continuing any gift program initiated by me,
which my Trustee reasonably determines will
achieve beneficial results for estate and/or income
tax plam1ing purposes.
'1
My Trustee may initiate a gift program on my
behalf which my Trustee reasonably determines will
achieve beneticial results for estate and/or income
ta.x planning purposes by making distributions to my
lineal descendants equally by class, so long as such
distributions are made in the form which qualify for
and are limited to the annual exclusion for federal
gift tax purposes.
J.
During any period when I am disabled my Trustee
shall be under no obligation to initiate, recommend
or consider any tax plmming objective or program
for me and any exercise of its discretion in this
regard when conducted in good faith shall not
subject it to liability to any person affected thereby.
4 '
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Section 4.
Exercise of Trustor's Rights and Powers by Others
Any right or power that I could exercise personally under the terms of this agreement except the
power to amend, revoke or terminate any trust created by this agreement may be exercised for
and on behalf of me by any attorney in fact who, at the time of the exercise, is duly appointed
and acting for me under a valid and enforceable durable power of attorney executed by me or,
if there is no such attorney in fact, by my duly appointed and acting conservator after petition
to a court of competent jurisdiction.
The power to amend, revoke or terminate any trust created by this agreement is personal to me
and may not be exercised by any other person or entity.
Section 5.
Rights Concerning Standby Property
It is contemplated that certain assets may be added to the trust estate from time to time with the
possession and control thereof retained by or redelivered to me. If I execute and deliver to my
Trustee an instrument effectively transferring such assets to my Trustee together with any further
documentation necessary to effect the record transfer thereof, in the event of my death or
incapacity the assets shall be deemed to be assets of the trust estate and held by me as the
nominee of my Trustee. During the period such assets are in my possession, they shall be subject
to the following terms and conditions:
a.
b.
c.
I mav receive directlv and devote to mv own use and benefit
... -' ..
any dividends, interest income or distributions from or upon
such assets and neither I nor my Trustee shall have any duty
of accounting to the other or to any other person with regard
thereto,
Any sale, exchange or other transfer of such assets by me
shall constitute a withdrawal of such assets from the trust
estate and my Trustee shall have no further interest therein
or duties with regard thereto. Though not a condition
precedent to any such withdrawal, I agree to notify my
Trustee of all such withdrawals.
I shall be responsible for the reporting of the income from
such assets to the appropriate taxing authorities and my
Trustee shall have no responsibility for including such
income on any fiduciary returns prepared by it or for the
preparation of any other income tax return with respect
thereto lU1less I duly notify my Trustee of such income items
and a full and adequate accoLlnting thereof is made and
presented to my Trustee.
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d,
e.
Section 6.
I shall protect and indemnify my Trustee against all losses.
liabilities and expenses which may result directly or
indirectly from my use, possession, management or control
of such assets.
Upon my death or incapacity, my Trustee shall be entitled to
the possession thereof and thereafter shall have all the rights,
powers and duties with respect to such assets which are
otherwise granted to my Trustee herein. It is understood that
my Trustee shall be responsible only for the assets which
actually come into its possession and control. However, it
is also understood that my Trustee shall use any reasonable
and prudent means to secure possession of any trust assets of
which it has knowledge. My Trustee shall have no duty,
accountability or responsibility to me or to any other person
with respect to any assets of which it has no knowledge or
of which it is unable to obtain possession and control.
Trustor/Trustee Bank Accounts
It is contemplated that I may establish a joint bank account or accounts with my Trustee and
create powers of attorney in respect thereof in other persons. Deposits from time to time made
by me or other authorized persons into such an accolmt shall constitute transfers to the trust estate
and withdrawals therefrom which may be made without the co-signature of my Trustee, shall
constitute withdrawals from the trust estate. However. my capacity and other authorized persons
with respect to any such account shall be that of nominee of my Trustee not co-owner. At any
given time the trust estate shall include the then balance of any such account.
Section 7.
Life Insurance Policies and Retirement Plans
Unless otherwise provided in this trust agreement or elsewhere, I shall have all powers over life
insurance policies and retirement benefits owned by or made payable to my trust. including the
following:
a. Payment of Premiums
I shall be responsible for the payment of premiums and other charges on each
policy or insurance owned by or made payable to my trust. My Trustee shall have
no duty to make any payment or be responsible to determine whether such
payments have been made.
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b. Custody of Policies
My Trustee shall not be responsible for the custody or safekeeping of any life
insurance policy before its actual delivery to my Trustee nor after its withdrawal
by its owner.
c. Change Beneficiaries
I shall have the right to change the beneficiary and to receive any dividends or
other earnings of such policies or plans without accountability therefor to my
Trustee or any benetlciary in this agreement.
d. Assignment
I may assign any policy or plan benefits to any lender, to the extent allowed by
law including my Trustee as security for any loan to me or any other person.
e. Surrendered Policies
If any life insurance policy is surrendered or if the beneficiary of any policy is
changed, this trust agreement 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 etIective unless
the surrender or change in beneficiary of the po [icy is accepted by the insurance
company.
Section 8.
Undistributed Net Income
Any net income not distributed under the provisions of this Article shall be added to the trust
principal.
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Article Five
Trust Administration Upon My Death
Section 1.
Trustees Discretion to Pay My Debts and Taxes
After my death my Trustee in its sole discretion may pay all or any part of my following
expenses, debts, claims and taxes becoming due or payable by reason of my death:
a. My final medical expenses and all funeral costs;
b. Legally enforceable claims against me or my estate;
c. Reasonable expenses of administration of this trust and my probate
estate, if any;
d. Any allowances mandated by a court of competent jurisdiction to those
dependent upon me;
e. Any estate, inheritance, succession, death or similar taxes payable by
reason of my death: and
f. Any penalties or interest on any of the above claims, debts or taxes
owed by me or my estate.
Section 2.
Payment by My Trustee or by My Personal Representative
My Trustee in its sole discretion may make distributions authorized under this Article either
directly to the person or entities to whom payment is owed or to the personal representative of
my probate estate. Written statements by my personal representative that such sums are due and
payable by my estate shall be sufficient evidence of their amount and propriety for the protection
of my Trustee. lvIy Trustee shall be under no duty to see to the application of any such payments
made to my personal representative.
Section 3.
Tax Elections
With regard to the payment of any income tax, gift tax, estate tax, inheritance tax or any other
tax required because of my death, my Trustee shall have the right to make any available elections
allowed under the law. My Trustee is authorized to sign and file any tax return required because
of my death,
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Section 4.
Payment of Death Taxes
All death taxes payable by reason of my death shall be paid by my Trustee out of my trust estate.
Notwithstanding any other provision in my trust. all death taxes incurred by reason of assets
passing outside of my trust or probate estate shall be assessed against those persons receiving
sllch property.
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Article Six
Specific Distributions of Trust Property
Section 1.
Specific Distributions on my Death
My Trustee shall make the following specific distributions of trust property upon my death:
a. Specific Distribution of Cash
The Trustee shall make the following cash distribution to the named beneficiary
listed below:
Name of Beneficiarv
Amolmt
LEONARD AND JOANN FROWNFELTER
$2,000.00
It is my intention that this distribution be made for the reason that said
beneficiaries have been good neighbors and friends.
If LEONARD AND JOANN FROWNFEL TER should predecease me or die before the complete
distribution of the trust share, the trust share set aside for such beneficiary shall terminate
and shall be distributed in accordance with the Articles that follow.
Section 2.
Specific Distribution Not a Part of Trust Property
If the property making up the specific distribution set forth in this Article is not part of the trust
property at the time the specific distribution is to be made or will not become a part of the trust
property within a reasonable time my Trustee shall disregard that specific distribution.
Section 3.
Apportionment of Expenses, Claims and Taxes
Notwithstanding any other provision in my trust. all expenses. claims and taxes shall be
apportioned to the benefIciaries of any specific trust distributions under this Article. Any
distribution of specific trust property under this Article shall pass subject to all liens, mortgages
or encumbrances.
6-)
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Article Seven
Common Pot Trust
After my death my Trustee shall not create a Common Pot Trust. All trust property that has not
been distributed under prior Articles of this trust agreement shall be held, administered, divided
and distributed according to the provisions of the Articles that follow.
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Article Eight
Division and Distribution of Trust Property
Section 1.
Division of Trust Property Into Shares
My Trustee shall divide all trust property not previously distributed into separate, equal shares
as follows:
Beneficiarv Name
Share
1 .;: "=1, r,u;;;.- W,,k.'
FLETCHER CRIMBRING ~{<1>!u- I fl.";' .I"
KRISTlAN CRIMBRlNG
r ~. ~ [MICHELLE THOMPSON
'7 uvlELISSA THOMPSON
ISSUE OF SIDNEY W. DEYO
ISSUE OF SUSAN L. DEYO EDMUNDOWICZ
\,,;~ ANGIE CRIMBRING r>f",,;"f t- r...z;;
'--- WENDY RICHTER SHUMAN
FRED C. RICHTER, JR. \~ "11"";:;:'"
119
119
119
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1/9
1/9
1/9
119
119
Section 2.
Distribution of Trust Shares for My Beneficiaries
The trust share of each beneticiary named in Section 1. of this Article who surviveS me shall be
held, administered and distributed as follows:
a, Distribution of Trust Share for FLETCHER CRlMBRING
The trust share set aside for FLETCHER CRIMBRING shall be held, administered and
distributed as follows:
1. Distributions of Net Income
My Trustee in its sole and absolute discretion may use
income and principal from the trust share to pay any trust
related expenses.
2. Distribution of Principal
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My Trustee, in its sole and absolute discretion, may apply to
or for the benefit of such beneficiary, so much of the
principal from the trust share as my Trustee deems advisable
for the following purposes:
a. Educational loans. The maximum term of such loans will
be ten (10) years, at a rate of interest 2 points below the
prime rate.
b. Loans for first time start up capital for business venture.
The purpose of said loan shall be for first time start up
capital for a business venture. My Trustees shall request
appropriate information concerning any such business
venture and, in their discretion, deterine the viability of said
venture. The maximum term of such loans will be five (5)
years, at a rate of interest 2 points below the prime rate.
Any such business loan shall not exceed ten (l 0%) percent
of the beneficiary's trust share.
Per subparagraphs a. and b.. above. My Trustee shall set
reasonable terms for repayment of said loans. If a
beneficiary fails to repay any such loan in a timely manner,
my Trustee shall not make future loans to said beneficiary.
c. Distributions for health related needs. My Trustee shall
consider all of said beneficiary's available assets and
resources in determining whether to distribute funds for a
beneficiary's health related needs. My Trustee shall pay all
said health related costs directly to the service provider. The
maximum expenditure under this subparagraph shall not
exceed ten (l0%) percent of the trust share. Each
beneficiary shall be entitled to a maximum of 2 distributions
for health related needs trom his or her trust share.
3. Distribution on Death of Beneficiary
If such beneficiary should die before the complete distribution of the
trust share, My Trustees shall continue to manage said Trust share
and accumulate all income and principal until the death of the
youngest life in being. in accordance with the provisions of Article
Nine hereunder.
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b. Distribution of Trust Share for KRJSTIAN CRlMBRING
The trust share set aside for KRISTlAN CRIMBRlNG shall be held, administered and
distributed as follows:
1. Distributions of Net Income
My Trustee in its sole and absolute discretion may use
income and principal ij'om the trust share to pay any trust
related expenses.
2. Distribution of Principal
My Trustee, in its sole and absolute discretion, may apply to
or for the benefit of such beneficiary, so much of the
principal from the trust share as my Trustee deems advisable
for the following purposes:
a. Educational loans. The maximum term of such loans will
be ten (l0) years, at a rate of interest 2 points below the
prime rate.
b. Loans for first time start up capital for business venture.
The purpose of said loan shall be for first time start up
capital for a business venture. My Trustees shall request
appropriate information concerning any such business
venture and, in their discretion, deterine the viability of said
venture. The maximum term of such loans will be five (5)
years, at a rate of interest :2 points below the prime rate.
Any such business loan shall not exceed ten (10%) percent
of the beneficiary's trust share.
Per subparagraphs a. and b., above, My Trustee shall set
reasonable terms for repayment of said loans. If a
beneficiary fails to repay any such loan in a timely manner,
my Trustee shall not make future loans to said beneficiary.
c. Distributions for health related needs. My Trustee shall
consider all of said beneficiary's available assets and
resources in determining whether to distribute funds for a
beneficiary's health related needs. My Trustee shall pay all
said health related costs directly to the service provider. The
maximum expenditure under this subparagraph shall not
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exceed ten (10%) percent of the trust share. Each
beneficiary shall be entitled to a maximum of 2 distributions
for health related needs from his or her trust share.
3. Distribution on Death of Beneficiary
If such beneficiary should die before the complete distribution of the
trust share, Mv Trustees shall continue to manage said Trust share
. -
and accumulate all income and principal until the death of the
youngest life in being, in accordance with the provisions of Article
Nine hereunder.
c. Distribution of Trust Share for MICHELLE THOMPSON
The trust share set aside for MICHELLE THOMPSON shall be held, administered and
distributed as follows:
1. Distributions of Net Income
My Trustee in its sole and absolute discretion may use
income and principal trom the trust share to pay any trust
related expenses.
2. Distribution of Principal
My Trustee, in its sole and absolute discretion, may apply to
or for the benefit of such beneficiarY, so much of the
principal from the trust share as my Trustee deems advisable
for the following purposes:
a. Educational loans. The maximum term of such loans will
be ten (10) years, at a rate of interest 2 points below the
prime rate.
b. Loans for first time start up capital for business venture.
The purpose of said loan shall be for first time start up
capital for a business venture. My Trustees shall request
appropriate information concerning any such business
venture and, in their discretion, deterine the viability of said
venture. The maximum term of such loans will be five (5)
years. at a rate of interest 2 points below the prime rate.
8-4
Any such business loan shall not exceed ten (10%) percent
of the beneficiary's trust share.
Per subparagraphs a. and b., above, My Trustee shall set
reasonable terms for repayment of said loans. If a
beneficiary fails to repay any such loan in a timely manner,
my Trustee shall not make future loans to said beneficiary.
c. Distributions for health related needs. My Trustee shall
consider all of said beneficiary's available assets and
resources in determining whether to distribute funds for a
beneficiary's health related needs. My Trustee shall pay all
said health related costs directly to the service provider. The
maximum expenditure under this subparagraph shall not
exceed ten (10%) percent of the trust share. Each
beneficiary shall be entitled to a maximum of 2 distributions
for health related needs from his or her trust share.
d. Distribution of Trust Share for MELISSA THOMPSON
The trust share set aside for MELISSA THOMPSON shall be held. administered and
distributed as follows:
1. Distributions of Net lncome
My Trustee in its sole and absolute discretion may use
income and principal from the trust share to pay any trust
related expenses.
2. Distribution of Principal
My Trustee, in its sole and absolute discretion, may apply to
or for the benefIt of such beneficiary. so much of the
principal tram the trust share as my Trustee deems advisable
for the following purposes:
a. Educational loans. The maximum term of such loans will
be ten (10) years, at a rate of interest 2 points below the
prime rate.
b. Loans for first time start up capital for business venture.
The purpose of said loan shall be for first time start up
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capital for a business venture. My Trustees shall request
appropriate information concerning any such business
venture and, in their discretion, deterine the viability of said
venture. The maximum term of such loans will be five (5)
years, at a rate of interest 2 points below the prime rate.
Any such business loan shall not exceed ten (10%) percent
of the beneficiary's trust share.
Per subparagraphs a. and b., above, My Trustee shall set
reasonable terms for repayment of said loans. If a
beneficiary fails to repay any such loan in a timely manner,
my Trustee shall not make future loans to said beneficiary.
c. Distributions for health related needs. My Trustee shall
consider all of said beneficiary's available assets and
resources in determining whether to distribute funds for a
beneficiary's health related needs. My Trustee shall pay all
said health related costs directly to the service provider. The
ma'i:imum expendihlre under this subparagraph shall not
exceed ten (1 D%) percent of the trust share. Each
beneficiary shall be entitled to a maximum of 2 distributions
for health related needs from his or her trust share.
e, Distribution of Trust Share for ISSUE OF SIDNEY W. DEYO
The trust share set aside for ISSUE OF SIDNEY W. DEYO shall be held. administered
and distributed as follows:
1. Distributions of Net Income
My Trustee in its sole and absolute discretion may use
income and principal from the trust share to pay any trust
related expenses.
2. Distribution of Principal
My Trustee. in its sole and absolute discretion, may apply to
or for the benefit of such beneficiary, so much of the
principal from the trust share as my Trustee deems advisable
for the following purposes:
a. Distributions for health related needs. My Trustee shall
consider all of said beneficiary's available assets and
resources in determining whether to distribute funds for a
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beneficiary's health related needs, My Trustee shall pay all
said health related costs directly to the service provider. The
maximum expenditure under this subparagraph shall not
exceed ten (10%) percent of the trust share, Each
beneficiary shall be entitled to a maximum of 2 distributions
for health related needs from his or her trust share,
f. Distribution of Trust Share for ISSUE OF SUSAN L. DEYO
EDMUNDOWICZ
The trust share set aside for ISSUE OF SUSAN L, DEYO EDMUNDOWICZ shall be
held, administered and distributed as follows;
1. Distributions of Net Income
My Trustee in its sole and absolute discretion may use
income and principal from the trust share to pay any trust
related expenses,
2. Distribution of Principal
My Trustee, in its sole and absolute discretion, may apply to
or for the benefit of such beneficiary, so much of the
principal from the trust share as my Trustee deems advisable
for the following purposes;
a, Distributions for health related needs, My Tmstee shall
consider all of said beneficiary's available assets and
resources in determining whether to distribute funds for a
beneficiary's health related needs, My Trustee shall pay aU
said health related costs directly to the service provider. The
maximum expenditure lU1der this subparagraph shall not
exceed ten (l 0%) percent of the trust share, Each
beneficiary shall be entitled to a maximum of 2 distributions
for health related needs from his or her trust share,
g. Distribution of Trust Share for ANGIE CRIMBRING
The trust share set aside for ANGIE CRIMBRING shall be held, administered and
distributed as follows;
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1. Distributions of Net Income
My T mstee in its sole and absolute discretion may use
income and principal from the trust share to pay any tmst
related expenses.
2. Distribution of Principal
ivly Tmstee, in its sole and absolute discretion, may apply to
or for the benefit of such beneficiary, so much of the
principal from the trust share as my Trustee deems advisable
for the following purposes:
a. Educational loans. The maximum term of such loans will
be ten (10) years, at a rate of interest 2 points below the
prime rate.
b. Loans for first time start up capital for business venture.
The purpose of said loan shall be for first time start up
capital for a business venture. My Trustees shall request
appropriate information concerning any such business
venture and, in their discretion, deterine the viability of said
venture. The maximum term of such loans will be five (5)
years, at a rate of interest 2 points below the prime rate.
Any such business loan shall not exceed ten (10%) percent
of the beneficiary's trust share.
Per subparagraphs a. and boO above. My Trustee shall set
reasonable terms for repayment of said loans. If a
beneficiary fails to repay any such loan in a timely mamler,
my Trustee shall not make future loans to said beneficiary.
c. Distributions for health related needs. My Trustee shall
consider all of said beneficiary's available assets and
resources in determining whether to distribute funds for a
beneficiary's health related needs. My Trustee shall pay all
said health related costs directly to the service provider. The
maximum expenditure under this subparagraph shall not
exceed ten (l 0%) percent of the trust share. Each
beneficiary shall be entitled to a maximum of 2 distributions
for health related needs trom his or her trust share.
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"
h. Distribution of Trust Share for WENDY RICHTER SHUMAN
The trust share set aside for WENDY RICHTER SHUiVlAN shall be held. administered
and distributed as follows:
1. Distributions of Net Income
Mv Trustee in its sole and absolute discretion mav use
. ,
income and principal from the trust share to pay any trust
related expenses,
2. Distribution of Principal
My Trustee, in its sole and absolute discretion, may apply to
or for the benefit of such beneficiary, so much of the
principal from the trust share as my Trustee deems advisable
for the following purposes:
a, Educational loans, The maximum term of such loans will
be ten (10) years, at a rate of interest 2 points below the
prime rate,
b, Loans for first time start up capital for business venture.
The purpose of said loan shall be for first time start up
capital for a business venture. My Trustees shall request
appropriate information concerning any such business
venture and, in their discretion, deterine the viability of said
venture. The maximum term of such loans will be five (5)
years, at a rate of interest 2 points below the prime rate.
Any such business loan shall not exceed ten (l 0%) percent
of the beneficiary's trust share.
Per subparagraphs a. and b.. above, My Trustee shall set
reasonable terms for repayment of said loans. If a
beneficiary fails to repay any such loan in a timely mamler,
my Trustee shall not make future loans to said beneficiary.
c. Distributions for health related needs. My Trustee shall
consider all of said beneficiary's available assets and
resources in determining whether to distribute funds for a
beneficiary's health related needs. My Trustee shall pay all
said health related costs directly to the service provider. The
maximum expenditure under this subparagraph shall not
exceed ten (10%) percent of the trust share. Each
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beneficiary shall be entitled to a maximum of 2 distributions
for health related needs from his or her trust share.
I. Distribution of Trust Share for FRED C. RICHTER, JR.
The trusI share set aside for FRED C. RICHTER, JR. shall be held. administered and
distributed as follows:
1. Distributions of Net Income
My Trustee in its sole and absolute discretion mav use
income and principal from the trust share to pay any trust
related expenses.
2. Distribution of Principal
My Trustee, in its sole and absolute discretion, may apply to
or for the benefit of such beneficiary, so much of the
principal from the trust share as my Trustee deems advisable
for the following purposes:
a. Educational loans. The maximum term of such loans will
be ten (l0) years, at a rate of interest 2 points below the
prime rate.
b. Loans for first time start up capital for business venture.
The purpose of said loan shall be for first time start up
capital for a business venture. My Trustees shall request
appropriate information concerning any such business
venture and. in their discretion. deterine the viability of said
venture. The maximum term of such loans will be five (5)
years, at a rate of interest 2 points below the prime rate.
Any such business loan shall not exceed ten (l 0%) percent
of the beneficiary's trust share.
Per subparagraphs a. and b.. above, My Trustee shall set
reasonable terms for repayment of said loans. If a
beneficiary fails to repay any such loan in a timely manner.
my Trustee shall not make future loans to said beneficiary.
c. Distributions for health related needs. My Trustee shall
consider all of said beneficiarv's available assets and
resources in determining whether to distribute funds for a
beneficiary's health related needs. My Trustee shall pay all
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said health related costs directly to the service provider. The
maximum expenditure under this subparagraph shall not
exceed ten (10%) percent of the trust share. Each
beneficiary shall be entitled to a maximum of 2 distributions
for health related needs from his or her trust share.
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Article Nine
Distribution if No Designated Beneficiaries
Upon the death of the youngest beneficiary life in being listed in Article 8, all
Trust shares terminate and remainder of trust principal and interest shall be
distributed to the MASONIC HOME in EJizabethtown for whatever purpose its
governing body deems appropriate.
9-1
Article Ten
Trustee Administration
Section 1.
Co- Trustees to Act by Majority Vote
At any time that there are two or more Trustees serving under this agreement they shall act by
majority vote and any exercise of a power or discretion by a majority of the Trustees shall have
the same effect as an exercise by all of them.
If the Trustees are not able to reach agreement on any decision as set forth in this Section they
shall petition a court of competent jurisdiction for instructions and shall take no action on the
disputed matter until a court order deciding the issue has been rendered.
Section 2.
Power to Delegate
Notwithstanding any other provision of this agreement, anyone or more of the Co-Trustees
serving \.mder this agreement mav from time to time delegate to another Co-Trustee or Co-
...... '- ~ <-
Trustees routine acts of trust administration.
Section 3.
No Bond Required
No Trustee under this agreement shall be required to post any bond for the faithful performance
of its responsibilities.
Section 4.
Trustee Compensation
My Trustee shall be entitled to reasonable compensation for services rendered payable without
the need for a court order. In calculating the amount of compensation customary charges for
similar services in the same geographic area for the same time period shall be used as guidelines.
My Trustee shall also be entitled to reimbursement for reasonable costs and expenses incurred
during the exercise of its duties under this agreement.
Any corporate fiduciary shall be entitled to receive compensation for its services in accordance
with its published fee schedule in effect from time to time.
10-1
Section 5.
Change in Corporate Trustee
Any corporate successor to the trust business of any corporate Trustee named under this
agreement or acting hereunder shall succeed to the capacity of its predecessor without re-
conveyance or transfer of trust property.
Section 6.
Power to Divide or Combine Trusts
My Trustee shall have the power to divide a single tnlst into separate shares, each to be
administered in accordance with the terms and conditions of the single trust from which thev
~ .
were created when my Trustee in its discretion determines that division is desirable or advisable
in view of tax considerations, including considerations related to the income tax, the gift tax, the
estate tax or the generation-skipping transfer tax or other objectives of the trusts and their
beneficiaries.
My Trustee shall not be required to make a physical segregation or division of the various trust
shares created under this trust agreement except as segregation or division may be required by
reason of the termination and distribution of any of the trusts, but my Trustee shall keep separate
accounts and records for different undivided interests.
My Trustee in its discretion shall have the further power to combine two or more trusts having
substantially the same terms into a single trust for purposes of administration when tax or other
factors indicate that such combination would be desirable or advisable.
In deciding whether to combine trusts my Trustee should consider the generation-skipping
"inclusion ratio" of the trusts to be combined. Trusts having the same inclusion ratios may be
combined. Trusts having different inclusion ratios should generallv not be combined unless their
~ ~ .
inclusion ratios are maintained unchanged tlu'ough substantially separate and independent shares
of different beneficiaries within the meaning of I.R.C. Section 2654(b), and the applicable
regulations thereunder.
Specifically, my Trustee has the authority to allocate any portion of my exemptions under Internal
Revenue Code Section 2631(a) to property as to which I am the transferor, including any property
transferred by me during my lifetime as to which I did not make an allocation prior to my death,
and my Trustee has the authority to make the special election under Internal Revenue Code
Section 2652(a)(3). If Internal Revenue Code Section 2631(a) or 2652(a)(3) is not interpreted
as to allow a Trustee to exercise such election. then my personal representatives is authorized to
allocate my exemptions and to exercise the said special election.
If my Trustee considers that any distribution from a tnlst or share hereunder. other than pursuant
to a power to withdraw or appoint. is a taxable distribution subject to ,he federal
generation-skipping transfer tax payable by the distributee, my Trustee may increase the
distribution by an amount which my Trustee would estimate to be sufficient to pay that tax. and
10-2
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shall charge the same against the trust or share to which the tax relates.
If my Trustee considers that any termination of an interest in the trust property hereunder is a
taxable termination subject to the federal generation-skipping transfer tax, my Trustee may pay
that tax from the portion of the property to which the tax relates, without any adjustment of the
relative interests of the beneficiaries.
Section 7.
Termination of Small Trust
My Trustee shall have the power in its discretion to terminate any trust created under this trust
agreement whenever it becomes so small in relation to the costs of administration as to make
continuing administration uneconomical. Upon termination, my Trustee shall distribute the
principal and any accrued or undistributed net income to the beneficiaries in
proportion to their shares of the income. If no fixed amount of income is payable to specific
beneficiaries, my Trustee shall distribute the principal and any accrued or undistributed net
income in equal shares to those beneficiaries who would then be entitled to income payments
from the trust.
Section 8.
Limit on Trustee's Discretion
Notwithstanding any language purporting to confer absolute, sole or unrestricted discretion on my
Trustee in exercising any discretionary power with respect to this trust, my Trustee shall at all
times act in accordance with fiduciary principles and shall not act in bad faith or in disregard of
the purposes of my trust.
Nothwithstanding any other provision in this trust agreement. no individual Trustee who is also
a beneficiary hereunder shall have any right, power, duty or discretion concerning this trust if
such right. power, duty or discretion conferred upon such Trustee under this trust agreement is
determined to be a general power of appointment under Internal Revenue Code Section 2041 or
2514 which would cause any assets of this Trust to be included in the estate of such
Trustee-beneficiary. Any such right, power, duty or discretion with such effect shall be null and
void with respect to such Trustee-beneficiary. No Trustee who is under a legal obligation to any
beneficiary of this trust or other person shall under any circumstances partake in any decisions
relating to any discretionary distributions of income or principal of this trust which can be used
for any such legal obligation to any such beneficiary or other person.
Section 9.
Discharge of Support Obligations
Notwithstanding any other provision of this trust agreement. after my death. no income or
principal of the trust shall be used to discharge, in whole or in part, the legal obligation of any
person to support or educate any beneficiary of this trust. In determining the legal obligation of
10-3
"
any person to support and educate a beneficiary of this trust, the existence of this trust and the
funds made available under it shall not be taken imo accoum.
Section 10.
Written Notice to Trustee
Until my Trustee receives written notice of any death or other event which triggers the right to
payments from any trust created under this agreement, it shall incur no liability for distributions
made in good faith to persons whose interests may have been affected by such event.
Section 11.
Duty to Account
My Trustee shall render accolmts, upon request, to the income beneficiaries under this trust
agreement at least armually, at the termination of a trust created hereunder, and upon a change
in the Trustees in the manner required by law,
Section 12.
No Court Supervision
No trust created lmder this agreement shall require the active supervision of any state or federal
court.
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"
Article Eleven
Trustee Investment Powers
Section 1.
Trustee's Powers
To carry out the purposes of the trusts created under this agreement and subject to any limitations
stated elsewhere in this instrument my Trustee shall have all of the following powers, in addition
to all of the powers now or hereafter conferred on Trustees by law:
a. Retention of Property
My Trustee shall have the power to retain any property received into the trust at
its inception or later added to the trust without regard to whether the trust
investments are diversified as long as my Trustee considers that retention is in the
best interests of the trust or in furtherance of my goals in creating the trust.
My Trustee shall have the power to invest and reinvest in any property that may
be considered by applicable state law to be underproductive or unproductive in
nature, and specifically to be exempt from any minimum income requirements
called for under local law.
b. Additions
Mv Trustee shall have the power to receive additions to the assets of the various
trusts created under this agreement from any source.
c. Business Participation
My Trustee shall have the power to terminate, to continue or to participate in the
operation of any business enterprise including a corporation a sole proprietorship
or a general or limited partnership and to effect any form of incorporation.
dissolution. liquidation, reorganization including but not limited to recapitalization
and reallocation of classes of shares or other change in the form of the business
enterprise or to lend money or make a capital contribution to any such business
enterprise.
d. Permissible Investments
My Trustee shall have the power to invest and reinvest the assets of the trust as
my Trustee may determine to be in the best interests of the trust without limitation
by any law applicable to investments by fiduciaries. The permitted investments
11-1
r
and reinvestments may include securities such as common or preferred stock.
mortgages. notes, subordinated debentures and warrants of any corporation and any
common trust fund administered by a corporate fiduciary or other property, real
or personal. including savings accounts and deposits and interests in mutual or
money market funds or investment trusts, annuities and insurance whether or not
such investments are unsecured or of a wasting nature.
My Trustee shall have the power to obtain, by purchase or by gift (or by
conversion, reissue, consolidation or by any other means), and hold as an asset of
this trust, policies of insurance on my life or any other beneficiary of this trust.
My Trustee is authorized and empowered to exercise, either before or after my
death, all of the rights, options, elections or privileges exercisable in connection
with such policies. These rights and options should include, but not be limited to,
disability benefits, the right to borrow money with which to pay premiums (or
other charges) on any policy owned by this trust (including any automatic
premium loan feature) or for any other trust purpose. the right to elect among
settlement options offered by the insurance company which issued such policy, the
right to convert such policy to paid-up insurance, extended term insurance or to
anv different form of insurance. and the right to arrange for the automatic
. ....... '-'
application of dividends in reduction of premium payments (or other charges),
with regard to any policy of insurance held in the trust estate.
e. Dealing with Property
My Trllstee shall have the power to acquire, grant or dispose of property,
including puts. calls and options (including options on stock owned by the estate),
for cash or on credit including maintaining margin accounts with brokers at public
or private sale upon such terms and conditions as the fiduciary may deem
advisable and to manage, develop. improve, exchange. partition. change the
character of, abandon property or any interest therein or otherwise deal with
property.
SpecifIcally, my Trustee shall have the power to use and expend the trust income
and principal to conduct environmental assessments, audits. and site monitoring
to determine compliance with any environmental law or regulation thereunder; to
take all appropriate remedial action to contain, clean up or remove any
environmental hazard including a spill, release, discharge or contamination. either
on my Trustee's own accord or in response to an actual or threatened violation of
any enviromnental law or regulation thereunder; to institute legal proceedings
concerning environmental hazards or contest or settle any such legal proceedings
brought by any local, state or federal agency concerned with environmental
compliance. or by a private litigant; to comply with any local, state or federal
agency order or court order directing an assessment, abatement or cleanup of any
enviromnental hazards; to employ agents. consultants and legal counsel to assist
11-2
or perform the above undertakings or actions: and in general to take all
appropriate actions to prevent. identify. or respond to any actual or threatened
violations of any enviromnental law or regulation thereunder.
No Trustee under this trust agreement shall be liable for any loss or depreciation
in value sustained by this trust as a result of the Trustee retaining any property
upon which there is later discovered to be hazardous materials or substances
requiring remedial action pursuant to any federal, state or local environmental law,
unless the Trustee contributed to the loss or depreciation in value through willful
default, willful misconduct, or gross negligence. Moreover, no Trustee shall be
obligated to accept any property on behalf of this trust without first having the
opportunity to satisfy itself, in its sole discretion, that such property is not
contaminated by any hazardous or toxic materials or substances, and that such
property is not being used and has never been used for any activities directly or
indirectly involving the generation, use, treatment, storage, disposaL release, or
discharge of any hazardous or toxic materials or substances. Finally, such Trustee
shall have the power to disclaim any power which, in its sole discretion, will or
may cause such Trustee to be considered an "owner" or "operator" of property
held in our trust estate under the provisions of the Comprehensive Environmental
Response. Compensation and Liability Act (CERCLA), as amended from time to
time. This power to disclaim as contained herein shall apply to any such power,
whether actually set forth under this trust agreement, incorporated by reference
herein, or granted or implied by any statute or rule of law.
f. Borrowing Authority
My Trustee shall have the power to bon-ow funds from any person including my
Trustee guarantee indebtedness or indemnify others in the name of the trust and
to secure any such obligation by mortgage. pledge, security interest or other
encumbrance and to renew, extend or modify any such obligation for a term
within or extending beyond the administration of the term of the trust. No lender
shall be bound to see to or be liable for the application of the proceeds of any
obligation and my Trustee shall not be personally liable for any obligatiDn.
g. Leasing Authority
My Trustee shall have the power to make, renewal' amend for any purpose a lease
as lessor or lessee for a term within or beyond the term of the trust with or
without option to purchase.
h. Natural Resources
My Trustee shall have the power to enter into any arrangement or agreement
including a lease. pooling or unitization agreement for exploration. development,
1]-3
operation, conservation and removal of minerals or other natural resources.
I. Voting Rights
My Trustee shall have the power to vote a security in person or by general or
limited proxy, to participate in or consent to any voting trust, reorganization,
dissolution, liquidation or other action affecting any securities and to deposit
secmities with and transfer title to a protective or other committee.
j. Title to Assets
My Trustee shall have the power to hold securIties and other property in
negotiable form or in the name of a nominee (including "street name" of a broker)
or by deposit to a clearing corporation with or without disclosure of the Trustee
relationship. but my Trustee shall be responsible for the acts of any nominee or
clearing corporation in com1ection with the property.
k. Insurance
My Trustee shall have the power to insme the assets of the trust against any risk
and my Trustee against liability with respect to third persons.
l. Settlement of Disputes
My Trustee shall have the power to payor contest any debt or claim and to
compromise, release and adjust any debt or claim and to submit any matter to
arbitration.
m. Payment of Expenses
My Trustee shall have the power to pay any taxes, assessments, reasonable
compensation of my Trustee and other expenses incurred in the collection,
management, care, protection and conservation of the trust propeny.
n. Principal and Income
My Trustee shall have the power to allocate items of income or expenditure to
either income or principal and to create reserves out of the income all as provided
by law and to the extent not so provided to allocate or create reserves as my
Trustee in its discretion deems appropriate and my Trustee's decision made in
good faith with respect thereto shall be binding and conclusive on all persons.
11-4
o. Division of Trust
My Trustee shall have the power to make any distribution or payment in kind or
in cash or partly in kind and partly in cash and to cause any share to be composed
of cash, property or undivided interests in property different in kind from any
other share either pro rata or non pro rata without regard to differences in the tax
basis of such property and without the requirement of making any adjustment of
the shares by reason of any action taken pursuant hereto.
Any division, allocation, apportionment or valuation of the property to distribute
the assets to or among any of the trusts or beneficiaries shall be made by my
Trustee and the good faith determination of my Trustee shall be binding and
conclusive on all parties.
p. Merger of Trust
If at any time the Trustees are Trustees of two or more Trusts or Shares with
substantially the same terms and benefiting the same beneficiaries, created
hereunder, or under any other instrument by the Trustors or by any other person,
the Trustees may commingle the assets of such Trusts or Shares and hold them as
a single Trust or Share.
q. Litigation
My Trustee shall have the power to prosecute or defend actions, suits, claims or
proceedings for the protection or benefit of the trust and my Trustee in the
performance of my Trustee's duties.
r. Employment of Agents
My Trustee shall have the power to employ agents including attorneys,
accountants, investment advisors, custodians, appraisers or others to advise or
assist my Trustee and to delegate to them fiduciary powers and to indemnify them
against liability t<Jr positions taken in good faith and with reasonable basis.
s. Corporate Fiduciary
If any stock of a corporate Trustee or of any atTIliate or successor of a corporate
Trustee shall be included in the assets of the trust, the Trustee shall have full
authority in the Trustee's sole discretion and notwithstanding any regulation or
rule of law to the contrary to retain the stock and any increases resulting from
stock dividends and stock splits and from the exercise of purchase rights and the
purchase of fractional shares needed to round out fractional share holdin9:s that
may arise concerning the stock. The Trustee shall vote the stock either directly
] 1-5
.'
or by proxy except to the extent the Trustee is prohibited by law from voting the
stock in accordance with the written instructions of a majority of the living
beneficiaries then entitled to current distributions of income or their personal
representatives. In the event there are no eligible beneficiaries to give instructions,
the Trustee is authorized to vote the stock in the best interests of the beneficiaries
in view of the purposes for which the trust was created.
1. Investment Transactions
With regard to record keeping for investment transactions, my Trustee need not
provide copies of confirmations or similar notifications each time a trade or
investment transaction occurs, but investment transactions shall be set forth in my
Trustee's periodic accounting.
u. Repairs and Improvements
My Trustee shall have the power to lpake ordinary or extraordinary repairs or
alterations in buildings or other structures, to demolish any improvements, to raze
existing or erect new party walls or buildings.
v. Business Personnel
My Trustee shall have the power to elect or employ directors, officers, employees.
partners or agents of any business and to compensate such persons whether or not
any such person is a Trustee, director, officer. partner or agent of a Trustee or a
beneficiary of the trust.
w. Farm or Ranch Property
With respect to farm or ranch property, my Trustee shall have the power to
participate in and operate any farming (including tree farming) or ranch operation
personally or with hired labor, tenants or sharecroppers to lease any farm for cash
or a share of crops under a lease which permits or precludes the material
participation of my Trustee, to fertilize and improve the soil, to employ
conservation practices, and to participate in government programs and to perform
any other acts deemed necessary or desirable to operate the property. In making
a decision whether to materially participate in farming or ranch operations, my
Trustee shall consider whether an election should be made or has been made under
IRe 9 2032A to qualify for special farm-use valuation.
x. Ancillary Trustees
If for any reason my Trustee deems it advantageous to act through an ancillary
Trustee, my Trustee may designate an ancillary personal representative or Trustee
11-6
qualified to serve in the jurisdiction where such ancillary Trustee is to act and may
delegate to such ancillary Trustee such of the powers granted under this agreement
as my Trustee deems advisable without being chargeable with loss if any arising
out of such designation or delegation. My Trustee may specify whether any
corporate Trustee or any person or persons acting in an ancillary capacity
hereunder shall serve with or without bond. Except as may be otherwise
specifically provided, no ancillary Trustee need comply with the provisions of any
Uniform Trustee's Accounting Act, the Uniform Trust Act or similar acts in force
in any state where the Trustee may be acting
y. Retention of Closely Held Interest
My Trustee shall have the power to retain any real estate interests, closely held
securities or affiliated companies or business interests and to sell or dispose of
such interests only after careful consideration and after determining that sale or
disposition is in the existing circumstances in the best interests of the trust or its
beneficiaries.
If at any time. this trust holds any stock in an S corporation. and our Trustee
deems it appropriate for such corporation to maintain its Subchapter S election, my
Trustee may take all of the necessary actions to segregate the S corporation stock
and assets of this trust. and in my Trustee's sole but reasonable discretion. and
otherwise consistent with the terms of this trust to the greatest extent possible, may
form new trusts and may amend the terms of this trust agreement as would be
necessary to establish Qualified Subchapter S Trusts to hold the said S corporation
stock and assets in compliance with Internal Revenue Code Sections 13 61(b) and
1361(d)(3).
z. Exercise of Authority
Except as otherwise provided in this agreement, my Trustee shall have the power
to do all acts that might legally be done by an individual in absolute ownership
and control of property.
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Article Twelve
General Provisions
Section 1.
Spendthrift Protection
Neither the principal nor the income of any trust created or contained under this agreement shall
be liable for the debts of a beneficiary nor shall the same be subject to seizure by any creditor
of any beneficiary under any lien or proceeding at law or equity. Except to the extent otherwise
expressly provided in this agreement, no beneficiary shall have authority or power to sell, assign,
transfer, encumber or in any manner to anticipate or dispose of a beneficial interest whether
income or principal. The limitations herein shall not restrict the exercise of any power of
appointment or the right to disclaim by any beneficiary.
Section 2.
The Rule Against Perpetuities
unless sooner terminated or vested in accordance with other provisions of this agreement all
interests not otherwise vested including but not limited to all trusts and powers of appointment
created hereunder shall terminate twenty-one (21) years after the death of the last survivor of the
group composed of me and my lineal descendants living on the date of my death. At that time
distribution of all principal and all accrued, accumulated and undistributed income shall be made
to the persons then entitled to distributions of income and in the manner and proportions herein
stated or if not stated equally irrespective of their then attained ages.
Section 3.
Incompetency and Disability
For all purposes under this agreement a person shall be deemed disabled, incompetent or legally
incapacitated if and so long as a guardian or conservator of his or her person or estate duly
appointed by a court of competent jurisdiction continues to serve or upon certification by two
licensed physicians that such person is unable properly to care for his or her person or property.
Section 4.
Income and Principal Payments
All payments of income or principal shall be made in such of the following ways as my Trustee
determines appropriate:
a. To each respective beneficiary in person upon his or her personal
receipt:
12-1
b. Deposited in any bank to the credit of such beneficiary in any
account carried in his or her name or jointly with another or others:
c. To the parent or legal representative of the beneficiary;
d. To a Custodian under a Uniform Transfers to Minors Act selected
by my Trustee for such period of time under applicable law as my
Trustee determines appropriate;
e. To some near relative, friend or institution having pnmary
responsibility for the care and custody of the beneficiary;
f
By my Trustee using such payment directly for the benefit of such
beneficiary; or
g.
To my Trustee of any revocable trust of which the benetlciary is the
Trustor.
Section 5.
Education
For all purposes under this agreement the term "education" shall be given broad interpretation and
may include but not be limited to:
a. High School
Education at public or private elementary or high schools including boarding
schools.
b. College
Undergraduate and graduate study in any and all fields whatsoever whether of a
professional character in colleges or other institutions of higher learning.
c. Specialized Training
Specialized formal or informal training in music. the stage, the handicrafts. the arts
or vocational or trade schools whether by private instruction or otherwise.
d. Other Educational Activities
Any other activity including foreign or domestic travel which shall tend to develop
fully the talents and potentialities of each beneficiary regardless of age.
12-2
.'
Section 6.
No-Contest Clause
If any person or entity. other than me, singularly, or in conjunction with any other person or
entity, directly or indirectly, contests in any court the validity of this trust agreement, including
any amendments thereto, then the right of that person or entity to take any interest in the trUST
property shall cease, and that person (and his or her descendants) or entity shall be deemed to
have predeceased me,
Section 7.
Disclaimer by Beneficiary
No beneficiary shall be entitled to accelerate any distribution to the beneficiary or to terminate
his or her trust interest and thereafter receive outright distribution by use of a disclaimer.
Section 8.
Simultaneous Death
If any beneficiary under this agreement and I die under circumstances in which the order of their
deaths cannot be established. I shall be deemed to have survived the beneIiciary and this
agreement shall be construed accordingly.
Section 9.
Children and Issue
For purposes of this agreement "children" means the lawful blood descendants in the first degree
of the parent designated, and "issue" and "descendants" mean the lawful blood descendants in any
degree of the ancestor designated, provided. however, that if a person has been adopted that
person shall be considered a child of such adopting parent and such adopted child and his or her
issue shall be considered as issue of the adopting parent or parents and of anyone who is by
blood or adoption an ancestor of the adopting parent or either of the adopting parents. The terms
"child," "children," "issue," "descendant" and "descendants" or those terms preceded by the terms
"living" or "then-living" shall include the lawful blood descendant in the first degree ofthe parent
designated even though such
descendant is born after the death of such parent.
Section 10.
Definition of Death Taxes
The term "death taxes" as used in this agreement shall mean all inheritance, estate, succession and
other similar taxes that are payable by any person on account of that person's interest in the estate
of the decedent or by reason of the decedent's death including penalties and interest but excluding
the following:
17- i
.'
a.
Any addition to the federal estate tax for any "excess retirement
accumulation" under Internal Revenue Code Section 4980A.
b.
Anv additional tax that mav be assessed under Internal Revenue Code
. .
Section 2032A.
c.
Any federal or state tax imposed on a generation-skipping transfer as
that term is defined in the federal tax laws unless that generation-
skipping transfer tax is payable directly out of the assets of a trust
created by this instrument.
Section 11.
Words Relating to the Internal Revenue Code
As used in this agreement the words "gross estate," "adjusted gross estate," "t~'{able estate,"
"unified credit," "state death ta'{ credit," "maximum marital deduction," "marital deduction,"
"pass" and any other word or words which from the context in which it or they are used refer
to the Internal Revenue Code shall have the same meaning as such words have for the purposes
of applying the Internal Revenue Code to my estate.
For purposes of this agreement my "available generation-skipping transfer exemption" means the
generation-skipping transfer tax exemption provided in section 2631 of the Internal Revenue Code
of 1986 as amended in effect at the time of my death reduced by the aggregate of (I) the amount
if any of my exemption allocated to my lifetime transfers by me or by operation of law and (2)
the amotmt if any I have specifically allocated to other property of my gross estate for federal
estate tax purposes.
F or purposes of this trust agreement if at the time of my death I have made gifts with an
inclusion ratio of greater than zero for which the gift tax return due date has not expired
including extensions and I have not vet filed a return, it shall be deemed that mv g:eneration-
...... '" -' <-
skipping transfer exemption has been allocated to these transfers to the extent necessary and
possible to exempt the transfers from generation-skipping transfer tax.
Reference to Sections of the Internal Revenue Code and to the Internal Revenue Code shall refer
to the Internal Revenue Code amended to the date of my death.
Section 12.
Personal Representative
For purposes of this agreement, the term "personal representative" shall mean Trustee. executor,
executrix, administrator. administratrix, conservator, guardian. custodian or any other type of
personal representation.
12-4
Section 13.
Gender and Number
In this agreement where appropriate except where the context otherwise requires, the singular
includes the plural and words of any gender shall not be limited to that gender,
Section 14.
Definition of Per Stirpes
As used in this agreement when a distribution to beneficiaries is "per stirpes" it shall mean that
the distributions are to be divided into as many equal shares as there are then living children of
such beneficiaries and deceased children of such beneficiaries who left then-living descendants.
Each then-living child of the beneficiary shall receive one share and the share that is allocated
to each deceased child of the beneficiary shall be divided equally among such deceased child' s
then-living descendants.
Section 15.
Captions
The captions of Articles, Sections and Paragraphs used in this agreement are for convenience of
reference only and shall have no significance in the construction or interpretation of this
agreement.
Section 16.
Severability
Should any of the provisions of this agreement be for any reason declared invalid. such invalidity
shall not affect any of the other provisions of this agreement and all invalid provisions shall be
wholly disregarded in interpreting this agreement.
Section 17.
Statutory References
unless the context clearly requires another construction each statutory reference in this agreement
shall be construed to refer to the statutory section mentioned, related successor sections and
corresponding provisions of any subsequent law including all amendments.
Section 18.
Governing State Law
This agreement and the trusts created under it shall be construed. regulated and governed by and
in accordance with the laws of the State of Pennsylvania.
12-6
] have executed this agreement on the date set forth on the first page of this agreement.
] certify that] have read the foregoing revocable living trust agreement and that it correctly states
the terms and conditions under which my trust property is to be held, administered and distributed
by my Trustee. ] approve this revocable living trust in all its particulars and request my Trustee
to execute it.
~ .~. ~ q:S ~'..1~
A/~/ A SIDNEY C. TIEYO, JR., Tru;;or . ~~, ~ .
o A/K/A SIDNEY C. DE
~-~~~.
, JR., Trustee
12-7
STATE OF PEN:'JSYL VANIA
SS
f?n~jC l~~
COUNTY OF DAUPHIN
On this the> 1- day of IV 0 t/ 19 C({, before me.
the undersigned officer, personally appeared SIDNEY C. DEYO AlKJA SIDNEY C. DEYO, JR.. Trustor.
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 wit11e~s whereof I hereyn, set my hand and official seaL
( L')j~
Notary Public
1 ~tOTAHIAL SEAL
" '~(':~JWr:] RI=(:C,F ~lnt;1nl Public
Tit ie oflThffieei'A _DauonlO Coumy
I My Ccmmls:;I!]n tXOlfes Msy 10, 1999
, --=--------...-.-
STi>. TE OF PENNSYL V ANfA )
SS
COUNTY OF DAUPHW ) /) / 0
On this th't:..Y day of II ()./' ,19 Or Gefore mel)tYl K./~ L- KfI'P"5K- .
the undersigned officer. personally appeared SIDNEY C. DEYO A/KJA SIDNEY C. DEYO, JR.
, and. Trustees, 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.
nn,'" 1 ss whereof I hereun~t mv hand and official seaL
/ // -J ..
( ,L;,~
fVL~ C/Z/~
\
Notary Public i
. : ~ 'jC-;-i~_GI,':',L ~C.':;L
Title bt QtIiii!llllL.. .9ESE. Notae! Public
I Hershev, ?/~ Dauonln County
I My Commis'sisn ;:;mires May 10,1999
12-8
~
Commerce
_BankNA
December 20, 2002
Susan E Lederer
Law Offices
4811 Jonestown
Harrisburg, PA
Rd Ste 226
17109
RE: Estate of: Sidney C Deyo
Social Security #: 210-26-9871
Date of Death: October 12, 2002
Dear Sir/Madam:
In reference to the letter regarding the above mentioned
Estate, we would like to inform you of the information that
we have researched and found.
Type: Checking
Account #: 513146431
Date Opened: 2/23/00
Date Closed: 10/29/02
Primary Owner: Sidney C Deyo
Power of Attorney: Sidney W Deyo
Date of Death Balance: $3,085.76
If there are any questions or additional information that
is needed, please feel free to contact me at (717) 795-7118
ext. 3151.
Sincerely,
('\
LJCL Ylck.. . ~(\
.1
Wanda J. Morris
CIF Associate
'i'-Y1CL11t/?
Commerce Bank / Harrisburg, N.A.
P.O. Box 8599
100 Senate Avenue
Camp Hill, Pennsylvania 17001-8599
---r
.'
0611
FUND
I
0701 120602
DEP~!:,!-,L'!l,r['
'" -, 'C","("rUr"E'N', r.c fL.''''''!!(). '.'
2701016 565054
VOUCHER WARRANT I ID ___I
000726
60-142:
313
85
41955652
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'.
='"
=
-
=
=
CDe
CHECK NUMBE""
FULTON BANK
LANCASTER, PA
VERIFICATION AVAILABlE-
"""",II/,.fl/,,,,.I'1!!
('"\\\'''''\,,.,,;...'1.,,,,,,,, 'i\"""1,,,..., "',;"
12/13/2002
OflTE
"POSITIVE PAY" PROTECTED
=
=
TO THE ORDER OF
VOID AFTER 180 DAYS
=
=
=
=
=
$ ************410.96
SIDNEY W DE YO TRUSTEE
SIDNEY C DEYO TRUST
PO BOX 112
MECHANICSBURG PA 17055
J2~h-. "," I{.A.
/JtJ TREAsuRERor~r---
1I'1,l.g55b5211' ':0'1 l.'10 l.1, 22': l.2l.g 5'181,711'
.w.1}1~
~. "'~L' '~~:r;4f ,".ool: ~~';A a','III:I_11) ~: 1_1 ~ III ,'It. II.. II ft1: ~ III ~. .'~ =I: II ;;!t,'A',"" i =I :1""";1 ~....
,ROBe. Limited Partnership
tia Thp. Bridges at Bent Creek
:02 Black Matt Road
Oougl3ssvil!e. PA 19518
The Basile Corp Agency .4.ccount
Sovereign Bank
Te THE
ORDER OF
**** SEVEN un",,]
,"vc,DRED TH!RTSEN AND 96/100 COLLARS
Sidney C. Deyo
c/o Sidney Deyo
P.O. Box 112
Mechanicsburg, PA
18050
11':12001.71.[;11' ,:nH72[;gj,l:
DEYO
SIDNEY
C 10/25/2002 210269871
1",111,,,111,,,,1,1.,1,1.11,,,,,,11,,,11,,1,1,,,11,,1,1,1,1,I
SIDNEY C DE YO
PO BOX 112
MECHANICSBURG PA 17055-0112
11'3870[; 2[;11' ':OH WOO1,7':
FLEET MAINE, N.A.
SOUTH PORT~ND, ME
CHECK NUMBER
108776250
PAY TO THE ORDER OF
1",111",111""1,1"1,1,11",,,,11,,,11,,1,11,,1,1
****************** 3-DIGIT 170
2-1725-000
SIDNEY C DEYO TR
SIDNEY C DE YO JR LIVING TRUST
UA 11/02/95
PO BOX 112
MECHANICSBURG PA 17055-0112
10/22/02
,
/
[L. ,'-
8 I. 2 W 0 8 CO 1, II'
2"'91,7 loSSlI'
*IMPORTANT TAX DOCUMENT ATTACHED BELOW
II' l.O8 77 [; 2 SOil' !:O U 20 ~ 5 391: ommo :>.S09bll"
3200171660_7:691:313
.$ -: 1 J. . ~1 6 ,.. ,:.:: .~ ... .;.
" '7/!
./ 1
,
I
-.~::. ~3 7' CJ (:; ~~ ie-
3870626
, --.-.-:...:~.__._._---_..__.-
'$********10.5.00
veri/on
~=u_.,
52-153
1l"2
DATE
11/01/02
********$46.971
Cash Within 180 Days
ACCOUNT NUMBER
1107-8904
~
r~
Authorized Signature
.'
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, t
--,\
'.1,,":' . ,.
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! ~
THEVanguard::.ROUP"
SUSAN E LEDERER ESQ
4811 JONESTOWN RD STE 226
HARRlSBURGPA 17109
November 11,2002
All Funds
09896925361
Dear Ms. Lederer:
We are responding to your request for the values on the above-referenced account
registered to the Sidney C. Deyo, Ir. Trust
Since the date of death was on a non-business day, we are providing the values for
October 11,2002. On that date, the number of shares, price per share, and the value of
the account were as follows:
Fund Name
Shares
Price
Value
Prime Money Mkt Fund
U.S. Growth Fund
Wellesley Income Fund
3,047.150
230.813
1,666.349
$1.00 $3,047.15 ')
$1 1.93(ili \ .c(1)$2,753.60(~;;1;l1o;;(. '6~
$19.06\;1\'A.c8Jli31,760.61 (~31;1'6.le\")
Accrued Dividends (through the date of death) for the Prime Money Mkt Fund: $1.49
Note: As of October 14, 2002 (the business day following the date of death), the
account's share balances remained the same. However, the share prices had changed to
the following:
U.S. Growth Fund $12.01
Wellesley Income Fund $19.09
The funds were opened on November 9,1995. No change of title occurred on the account
the year prior to the date of death. Please note Vanguard Funds are only priced once a day.
Post Office Box 2600, Valley Forge, Pennsylvania 19482-2600
(6ra) 669-rooo . www.vanguard.com
.,
If you have any questions or need further assistance, please contact a member of our
Transition Specialist Team at 1-888-237-9045. A dedicated Transition Specialist will be
pleased to assist you.
Sincerely,
Client Services Department
dre
50197873
..
NationalCily
National City Sank
Corporate Trust Operations
P. O. Box 92301
Cleveland, OH 441 93~0900
November 1, 2002
Kelly T. Creed
4811 Jonestown Road
Suite 226
Harrisburg P A 17109
RE: Sidney C. Deyo TR VA 11 02 95 The Sidney C. Deyo Trust
Marathon Oil Corporation
Account 7371617148
Dear Kelly Creed,
In reply to your letter of October 22, 2002, our records indicate the exact title of the
account is as referenced above. The account was established on April 11 , 1996.
The date of death was a Saturday, which was followed by a holiday. The stock quotes on
October 11,2002 were $21.12 (high) and $20.66 (low). On October 15, 2002 the quotes
were $22.45 (high) and $21.92 (Jow). ~o:n
. d ID/II-Gb,'6'1. ~';.,.~\ "',~,
There IS no accrue interest in the aCCOlmt. ' 'Ie~, ,'-"
lOllS - J-\. \ 'Ii'S-
A stockbroker transferred the shares to the trust. We do not have the records to provide
the title ofthe account prior to the transfer.
Please feel free to contact the undersigned if you have any questions.
Sincerely,
'>./",.~ .. _.,_~J
~" , 1/' . . T c j."
).~.._'e-_ I ,.~ .
<.~/ {
Joanne Polz
Corporate Trust Department
Shareholder Services Representative
1-800-622-6757
(216) 257-8663
(216) 257-8508 (Fax)
Shareholder.Inquiries@NationalCity.com
73"0011-01i101961
..
NationalCMy
National City Bank.
Corporate Trust Operations
P. O. Box 92301
Cleveland, OH 44193-0900
November 14, 2002
Susan E. Lederer Law Offices
Attn: Kelly T. Creed
4811 Jonestown Road, Suite 226
Harrisburg P A 17109
RE: Sidney C. Deyo TR UA II 0295 Sidney C. Deyo Trust
Marathon Oil Corporation
Account 7371617148
Dear Ms. Creed,
In reply to your letter of November 8, 2002, our records indicate that the referenced
account held 121.282 shares on October 12, 2002. Marathon Oil Corporation pays
quarterly dividends. The next dividend reinvestment payment will be posted on
December 10, 2002.
Please feel free to contact the undersigned if you have any questions.
Sincerely,
.-':., :.........
.. ;\~ :<, y-',,",-.. I .
,
Joanne Polz
Corporate Trust Department
Shareholder Serlices Representative
1-800-622-6727
(216) 257-8663
(216) 257-8508 (Fax)
Shareholder.Inquiries@NationaICity.com
7~-IJ011.01: 1 0/961
.'
II
NEW YORK LIFE INSURANCE COMPANY
NEW YORK LIFE INSURANCE COMPANY AND ANNUITY CORPORATION
(A DELA WARE CORPORATION)
PO BOX 6916, CLEVELAND Oll 44101, (800) 695-9873
The Company YOll Keep
December 5, 2002
KELLY T CREED
SUSAN E LEDERER LAW OFFICES
4811 JONESTOWN RD STE 226
HARRISBURGPA 17109
Decedent:
Claim:
Policy:
Sidney C Deyo Jr
780155
AN727309
Dear Mr. Creed:
I am pleased to provide the tax information on the above noted annuity contract. Since a form 712 is
not applicable to a contract other than life insurance, the following information should be of assistance
to you. The figures quoted are strictly for tax purposes.
Issue Date for annuity AN7273 09 - December 11, 1996
Commuted Cash Value as of 10/12/02 - $ 3,542.18
This contract was a life income annuity and did not have a surrender provision. Our records indicate
that Sidney held no other individual life or fixed annuity accounts with New York Life. I have
forwarded a copy of your request to our Variable Products regarding Sidney's variable annuity.
I hope that this information is of assistance to you. If you have any questions, please feel free to contact
me.
Sincerely,
~~. . j ,I
/' I . /'
~!l()1 '/'(jaL~
R e~ . seid~, FLMI, ACS, AIAA, AAPA
Sr. Service Associate
Cleveland Service Center
cc: Joseph Minnici, V39
-'
NEW YORK LIFE INSURANCE COMPANY
BOX 6916
CLEVELAND OH 44101-6916
EXPLANATION OF BENEFITS
PLEASE DETACH AND SAVE FOR YOUR RECORDS
0740 CHECK NO: 0022552429
DECEMBER 05, 2002
PAYEE: SIDNEY C DEYO JR LVG TRUST DTD
POLICY NUMBER: AN727309
.'
1,,,111...111..,,1.1,,1,1,11,.,,.,11,,,11,,\,1,,,\1,,1,1,1,\.1
SIDNEY C DEYO JR LVG TRUST DTD
11/2/95 AS AMENDED, SIDNEY W DE
SUCCESSOR TRUSTEE
PO BOX 112
MECHANICSBURG, PA 17055-0112
TRANSACTION:
DEATH CLAIM PAYMENT TO BENEFICIARY
FEDERAL TAX WITHHELD:
STATE TAX WITHHELD:
FOLLOWS:
0'560~
354.22
0.00
WE ARE PLEASED TO ENCLOSE YOUR CHECK. DETAILS ARE AS
GROSS PAYMENT AMOUNT:
AMOUNT OF CHECK:
3,206.64
BE SURE TO LET US KNOW IF WE CAN BE OF FURTHER ASSISTANCE TO YOU.
ANNUITY SERVICE MANAGER
..............................,....................................................................................,
~
NEW YORK UFE INSURANCE COMPANY
BOX 6916
CLEVELANO OH 44101-6916
CHECK !'io: 0022552429 SIA
REFERENCE NUMBER: AN727309 4014641AD
DECEMBER 05, 2002
51~44 i
Ii9I
I
I
Y THIS
lO(;NT THREE THOUSAND TWO HUNDRED SIX & 64/100 DOLLARS
....O.AJJ!
~~
Y TO
",ERGF, SIDNEY C OEYO JR LVG TRUST OTD
11/2/95 AS AMENDED\-SIDNEY W DE
SUCCESSOR TRUSTE~
PO BOX 112
MECHANICSBURG, PA 17055-0112
_ __ ____________f:ieet.J3a.nk.. Connecticut,_ N.A.,.Hartford._Ccnnecticut__
. ICE PREsmENT'AN[)'-TRF.ASURF.R---~
II' 00225521,2gll' I:O~j,gOOl,1,51:
~ 23 g 311'
.
Investor Relations
POBox 11258
Church Street Station
New York, NY 10286
(877) 353-1154
Shareowner-Svcs@Email.bony.com
www.stockbny.com
December 13,2002
SUSAN E. LEDERER
4811 JONES TOWN ROAD
SUlTE 226
HARRISBURG, PA 17109
Re: GLAXOSMITHKLINE PLC
Ticket # l436775-GC47
Account # 1704-0003636990
SIDNEY C DEYO TR UIA DTD
1112/95 SIDNEY C DEYO JR
LIVING TRUST
Dear Ms. Lederer:
We are enclosing a recent inquiry from Sidney W. Deyo, Successor Trustee, for the history of the
referenced account. The account was opened on August 19, 1996. The certificate history is
provided in the table below.
I Certificate Number I
Debit Date
Credit Date
Shares
I
1..i\t.\\OLSO
BNY 00288855
08/12/1998
100.0000
The high market value for GlaxoSmithKline Plc, on Friday October 11, 2002, was $41.20 per
share; the low market value was $39.83 per share. The high market value on Monday October
14,2002, was $41.87 per share; the low market value $41.16 per share. ""e.M - L.\ LO\S
Weare enclosing transfer instructions as well as a Certificate of Incumbency to assist you with
the re-registration of the account. The certificate and requirements should be forwarded via
registered mail. The Bank of New York recommends that you insure the certificate for a value
equal to 2% of the current market value of the security. This is to cover the cost of insurance to
replace the certificate iflost in transit.
If you are not in possession of the certificate, please write to our Lost Certificate Department to
report the certificate lost and receive replacement requirements:
The Bank of New York
Lost Certificate Department
P.O. Box 11281
Church Street Station
New York, New York 10286
.'
We hope this information has been helpful and if you need further information, please contact us
at the above toll-free number.
Sincerely,
?1(({fjeeta 5"994-
Investor Relations
Enclosure
.~ EQuISERVE'
December 13, 2002
SUSAN E LEDERER
4811 JONESTOWNROAD, SUITE 226
HARRISBURG,PA 17109
VERIZON
SIDNEY C DEYO TR
SIDNEY C DEYO JR LIVlNG TRUST
UA 11/02/95
ACCOUNT NlJMBER: 1107-8904
Dear Ms, Ledererer:
This letter is in regard to Sidney W, Deyo's letter dated December 4, 2002, pertaining to the share balance
of the above referenced account We appreciate the opportunity to be of service to you,
The above referenced account was established on August 19, 1996,
On October 12, 2002, account number 1107-8904 held 122 shares in certificate form, We are unable to
provide a price quote for October 12, 2002, as this date follows on a weekend, However, for your
convenience we have provided the following:
Date Hi<!h Low Closin.. &L':,~
October 11, 2002 $35,60 $33,16 $35,19
October 14, 2002 $36,00 $34.40 $34,71 CIS, J-C
,&
3'-l ,.,
According to our records, check number 108776250, in the amount of $46,97, was origin.111y issued on
November 1, 2002 and was negotiated on November 26, 2002. The record date for this dividend was
October 10, 2002,
If you require a front and hack copy of this check, please send a written request, along with a $35 check
payable to EquiServe, to the address below, Once your request is received, you will be sent a copy of the
check in approximately 7 - 10 business days,
There are no outstanding dividend checks for account number 1107-8904,
The following indicates the status of the transfer:
o The transfer was processed on December 10, 2002 The new certificate information is as follows:
. New certificate issued on December 10,2002 and mailed to Sidney W Deyo, P,O, Box 112,
Mechanicsburg, P A 17055,
. New certificate number 462055, in the amount of 122 shares,
. Issued to account number 11980-8396 R/N/O Sidney W Deyo,
EQ-OOI9 Rev 7/01
.~ EQuISERVE"
Should you have any questions, please call us toll free at 1-800-631-2355 or write to us at EquiSelve,
P.O. Box 43005, Providence, RI, 02940-3005. Our telephone representatives are available Monday
through Friday between the hours of 8 a.m. to 6 p.m. Eastern Time. For certain routine information, you
may call us 24 hours a day, 7 days a week and access our teleservicing system. If you have internet
access, you may also obtain additional information on products and services by visiting our website at
www.eqwserve.com. ( i /1)
"~tcerel r.J
!'
oilna Amado
S reholder Services Representative
Reference Number: 01065618
EQ-OOJ9 R~v 7/01
~
G " NEW YORK LIFE INS. AND ANNUITY
D 51 MADISON AVENUE
S NEW YORK, NY 10010
EXPLANATION OF BENEFITS
PLEASE DETACH AND SAVE FOR YOUR RECORDS
0776 CHECK NO: 0000654847
DECEMBER 10, 2002
PAYEE SS NUMBER: 196484816
POLICY NUMBER: 58012666
CLAIM NUMBER: 780603
INSURED: JR. DEYO C. SID NEY
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SUSAN E.LEDERER LAW OFFICES 151
4811 JDNESTDWN RD, STE 226
HARRISBURG, PA 17109-1751
TOTAL AMOUNT ~:"'\
DUE PAYEE ~548.24;
FEDERAL TAX WITHHELD 54.82
STATE TAX WITHHELD 0.00
PAYMENT AMOUNT 493.42
IF YOU HAVE ANY QUESTIONS OR REQUIRE FURTHER ASSISTANCE, PLEASE
CONTACT OUR VARIABLE PRODUCT SERVICE CENTER AT 1-800-598-2019
PAYEE SIDNEY W. DEYO
PO BOX 112
MECHANICSBURG PA
TAXABLE GAIN 548.24
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lRDER OF:
NEW yqR.KLIFE INS' AND ANNUITY
51 MADISON AVENUE
NEW YORK, NY 10010
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CHECK Not. ??oo654841
REFERENCE NUMBER: 151180603
DECEMBER 10, 2002
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FOUR HUNDRED NINETY"TIlRfE& 42/100 DOLLARS
SIDNEY W. DEYO
POcBOX..112
MECHANICSBURGPA 17055
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-J._.~HNESTOCK
ESTABLISHED 1881
Fahnestock & Co. Inc.
1015 Mumma Road
Wormleysburg. PA 17043
(71 7) 763.8200
(800) 722.2294
(71 7) 763.1765 FAX
Members of All
Principal Exchanges
January 24, 2003
Susan E. Lederer
4811 Jonestown Road, Suite 226
Harrisburg, PA 17109
Re: Sidney W Deyo Jr Living Trust
A/C# A25-0017140-B15
Dear Ms. Lederer:
Below please find requested information per January 8, 2003 correspondence from Sidney W Deyo.
1. Sidney C. Deyo AlK/A
Sidney C. Deyo Jr Living Trust
Sidney C. Deyo Trustee
2. November 22, 1995
3.
100 Shares Cable & Wireless
Fahnestock Prime Cash $340.66
10-11-2002 10-14-2002
Low Hil!:h Low Hi,?h
$5.80 $6.00 $5.90 $6.15
H~(l.{\ - 1I<:i,'\C' Httl(1- ~ \.t. C'3
\,-I<(,(\ - $ 5. '1lc5
4. Zero
If you have any further questions, please do not hesitate to call. Thank you.
Cc: Mr. Sidney W Deyo
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TO:
Register of Wills
Cumberlan~t County Courthousc
One Courthouse Square
Carlisle, P~1. 17013-3387
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June 30, 2003
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Register of Wills -` ~~
Cumberland County Courthouse G
One Courthouse Square '-
Carlisle, PA 17013-3387 ~~„
RE: SIDNEY C. DEYO, JR. A/K/A SIDNEY C. DEYO, JR. -~~'
SOCIAL SECURITY N0.210-26-9871 -
Dear Sir or Madam:
Enclosed for filing with your office is one (1) completed Form REV-1500, in
duplicate, together with the following attachments for the above decedent:
1. Estate Information Sheet;
2. Filing Fee ($15.00);
3. Check for Remaining Tax Due ($81.63);
4. Copy of the Living Trust of Sidney C. Deyo a/k/a Sidney C.
Deyo, Jr.; and
5. Date of Death Valuation Letters
J
One (1) additional photocopy of the completed form REV-1500 (page 1) has been
provided. Please time/date stamp this copy as received and return it to me in the
envelope provided.
If there are any questions or further requirements regarding this return, please do
not hesitate to contact me.
Sincerely,
~.
Susan E. Lederer, Esquire
Enclosures
4811 Jonestown Road Suite 226 Harrisburg, PA 17109 Phone 717.652.7323 Fax 717.652.7340 susan@ledererlaw.com
www.ledererlaw.com
COMMONWEALTH OF PENNSYLVANIA REV-1162 EX(11-96)
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
DEPT. 280601
HARRISBURG, PA 17128-0601
PENNSYLVANIA
RECEIVED FROM: INHERITANCE AND ESTATE TAX
OFFICIAL RECEIPT
N0. CD 002765
LEDERER SUSAN E
4811 JONESTOWN ROAD
SUITE 226
HARRISBURG, PA 17109
ACN
ASSESSMENT AMOUNT
CONTROL
NUMBER
fold
ESTATE INFORMATION: ssN: 2~o-2s-sa~~
FILE NUMBER: 2102-1 165
DECEDENT NAME: DEMO SIDNEY C
DATE OF PAYMENT: 07/03/2003
POSTMARK DATE: 07/01 /2003
couNTY: CUMBERLAND
DATE OF DEATH: 10/12/2002
101 ~ $81.63
TOTAL AMOUNT PAID: S81 .63
REMARKS: RECEIVEED: SIDNEY W DEYO
C/O SUSAN E LEDERER, ESQ.
CHECK# 1014
INITIALS: SK
SEAL RECEIVED BY: DONNA M. OTTO
DEPUTY REGISTER OF WILLS
REGISTER OF WILLS
BUREAU OF INDIVIDUAL TAXES
INHERITANCE TAX DIVISION
DEPT. 280601
HARRISBURG, PA 17128-0601
SUSAN E LEDERER
STE 226
4811 JONESTOWN RD
HBG PA 17109
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
NOTICE OF INHERITANCE TAX
APPRAISEMENT, ALLOWANCE OR DISALLOWANCE
OF DEDUCTIONS AND ASSESSMENT OF TAX REY-1547 EX ~FV t01-OS7
DATE 08-11-2003
ESTATE OF DEYO JR SIDNEY C
..DATE OF DEATH 10-12-2002
' FILE NUMBER 21 02-1165
COUNTY CUMBERLAND
ACN 101
Amount Remitted
MAKE CHECK PAYABLE AND REMIT PAYMENT T0:
REGISTER OF WILLS
CUMBERLAND CO COURT HOUSE
CARLISLE, PA 17013
CUT ALONG THIS LINE - RETAIN LOWER PORTION FOR YOUR RECORDS -~
----------------------------------------------------------------------------------------------------------------
REV-1547 EX AFP (01-03) NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR
DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX
ESTATE OF DEYO JR SIDNEY C FILE N0. 21 02-1165 ACN 101 DATE 08-11-2003
TAX RETURN WAS: (X) ACCEPTED AS FILED ( ) CHANGED
RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE
APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN
1. Real Estate (Schedule A) (1) .00 NOTE: To insure proper
2. Stocks and Bonds (Schedule B) (2) .00 credit to your account,
3. Closely Held Stock/Partnership Interest (Schedule C) (3) .00 submit the upper portion
4. Mortgages/Notes Receivable (Schedule D) (4) .00 of this fora with your
5. Cash/Bank Deposits/Misc. Personal Property (Schedule E) (5) 4,362.65 tax payment.
6. Jointly Owned Property (Schedule F) (6) .00
7. Transfers (Schedule G) (7) 53 , 581.16
8. 7otai Assets (g) 57,943.81
APPROVED DEDUCTIONS AND EXEMPTIONS:
4,647.70
9. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H) (9)
10. Debts/Mortgage Liabilities/Liens (Schedule I) (10) 20.00
11. Total Deductions (11) 4.667.70
12. Net Value of Tax Return (12) 53,276.11
13. Charitable/Governmental Bequests; Non-elected 9113 Trusts (Schedule J) (13) .00
14. Net Value of Estate Subject to Tax (14) 53,276.11
NOTE: if an assessment was issued previously, lines 14, 15 andior 16, 17, 18 and 19 will
reflect figures that include the total of ALL returns assessed to date.
ASSESSMENT OF TAX:
15. Amount of Line 14 at Spousal rate (15) •00 X 00 __ .00
16. Amount of Line 14 taxable at Lineal/Class A rate (16) 53,276.11 X 045. 2,397.42
17. Amount of Line 14 at Sibling rate (17) •0 0 X 12 - .00
18. Amount of Line 14 taxable at Collateral/Class B rate (18) •00 X 15 - .00
19. Principal Tax Due (1q)= 2, 397 .42
TAY RQGIITTC•
DATE NUMBER INTEREST/PEN PAID (-) AMOUNT PAID
12-24-2002 CD001996 115.79 2,200.00
07-01-2003 CD002765 .00 81.63
TOTAL TAX CREDIT 2,397.42
BALANCE OF TAX DUE .00
INTEREST AND PEN. .00
TOTAL DUE .00
* IF PAID AFTER DATE INDICATED, SEE REVERSE ( IF TOTAL DUE IS LESS THAN S1, NO PAYMENT IS REQUIRED.
FOR CALCULATION OF ADDITIONAL INTEREST. IF TOTAL DUE IS REFLECTED AS A "CREDIT'' (CR), YOU MAY BE DUE
A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.)
RESERVATION: Estates of decedents dying on or before December 12, 1982 -- if any future interest in the estate is transferred
in possession or enjoyment to Class 8 (collateral) beneficiaries of the decedent after the expiration of any estate for
life or for years, the Commonwealth hereby expressly reserves the right to appraise and assess transfer Inheritance Taxes
at the lawful Class B (collateral) rate on any such future interest.
PURPOSE OF
NOTICE: To fulfill the requirements of Section 2140 of the Inheritance and Estate Tax Act, Act 23 of 2000. [72 P.S.
Section 9140).
PAYMENT: Detach the top portion of this Notice and submit with your payment to the Register of Wills printed an the reverse side.
--Make check or money order payable to: REGISTER OF WILLS, AGENT
REFUND (CR): A refund of a tax credit, which was not requested on the Tax Return, may be requested by completing an "Application
for Refund of Pennsylvania Inheritance and Estate Tax^ (REV-13137. Applications are available at the Office
of the Register of Wills, any of the 23 Revenue District Offices, or by calling the special 24-hour
answering service for forms ordering: 1-800-362-2050; services for taxpayers with special hearing and / or
speaking needs: 1-800-447-3020 (TT only).
OBJECTIONS: Any party in interest mat satisfied with the appraisement, allowance, or disallowance of deductions, or assessment
of tax (including discount or interest) as shown an this Notice must abject within sixty C60) days of receipt of
this Notice by:
--written protest to the PA Department of Revenue, Board of Appeals, Dept. 281021, Harrisburg, PA 17128-1021, OR
--election to have the matter determined at audit of the account of the personal representative, OR
--appeal to the Orphans' Court.
ADMIN-
ISTRATIVE
CORRECTIONS: Factual errors discovered on this assessment should be addressed in writing to: PA Department of Revenue,
Bureau of Individual Taxes, ATTN: Post Assessment Review Unit, Dept. 280601, Harrisburg, PA 17128-0601
Phone (717) 787-6505. See page 5 of the bcoklet "Instructions for Inheritance Tax Return for a Resident
Decedent^ (REV-1501) for an explanation of administratively correctable errors.
DISCOUNT: If any tax due is paid within three (3) calendar months after the decedent's death, a five percent (5%) discount of
the tax paid is allowed.
PENALTY: The 15% tax amnesty non-participation penalty is computed on the total of the tax and interest assessed, and not
paid before January 18, 1996, the first day after the end of the tax amnesty period. This non-participation
penalty is appealable in the same Wanner and in the the sane time period as you would appeal the tax and interest
that has been assessed as indicated an this notice.
INTEREST: Interest is charged beginning with first day of delinquency, or nine (9) months and one (1) day from the date of
death, to the date of payment. Taxes which became delinquent before January 1, 1982 bear interest at the rate of
six C6%) percent per annum calculated at a daily rate of .000164. All taxes which became delinquent on and after
January 1, 1982 will bear interest at a rate which will vary from calendar year to calendar year with that rate
announced by the PA Department of Revenue. The applicable interest rates for 1982 through 2003 are:
Interest Daily Interest Daily Interest Daily
Year Rate Factor Year Rate Factor Year Rate Factor
1982 20% .000548 1987 9% .000247 1999 7% .000192
1983 16% .000438 1988-1991 11% .000301 2000 8% .000219
1984 11% .000301 1992 9% .000247 2001 9% .000247
1985 13% .000356 1993-1994 7% .000192 2002 6% .000164
1986 10% .000274 1995-1998 9% .000247 2003 5% .000137
--Interest is calculated as follows:
INTEREST = BALANCE OF TAX UNPAID X NUMBER OF DAYS DELINQUENT X DAILY INTEREST FACTOR
--Any Notice issued after the tax becomes delinquent will reflect an interest calculation tc fifteen (15) days
beyond the date of the assessment. If paywent is made after the interest computation date shown on the
Notice, additional interest must be calculated.