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Home My WebLink About01-0867 .. tT, PETITION FOR PROBATE and GRANT OF LETTERS Estate of Elizabeth B. Kuethe No. also known as To: J...I - 6 I - K' 7 , Deceased. Register of Wills for the County of Cumberland in the Commonwealth of Penn sylvan ia Social Security No. 302-01-4669 The petition of the undersigned respectfully represents that: Your petitioner, who is 18 years of age or older and the Executor named in the last will of the above decedent, dated March 10,2000. Decedent was domiciled at death in Cumberland County, Pennsylvania, with her last family or principal residence at 210 Big Spring Road, Newville, P A 17241 Decedent, then 82 years of age, died August 1, 2001, at Green Ridge Village, Newville, West Pennsboro Township, Pennsylvania. Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: Decedent was married to Romaine Kuethe. He died on December 9, 1996. Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property (If not domiciled in Pa.) Personal property in Pennsylvania (If not domiciled in Pa.) Personal property in County Value of real estate in Pennsylvania situated as follows: N/ A $ $ 225,000.00 $ $ $ WHEREFORE, petitioner respectfully requests the probate of the last will presented herewith and the grant of letters Testamentary thereon. ~ ~PJ~ lf1stine Sheckels 6894 Old Chapel Road Cincinnati, OH 45244 STATE OF OHIO OATH OF PERSONAL REPRESENTATIVE ) SS COUNTY OF HAMILTON ) The petitioner above-named swears or affirms that the statements in the foregoing petition are true and correct to the best of the knowledge and belief of petitioner and that as personal representative of the above decedent petitioner will well and truly administer t~he tate according to law. Sworn to or affiW'9<;1.and subscribed _~.i ~ Rb efor me th's t~ay of lrIstine Sheckels ,2 c~-=?~e.~ 11- q-~ , j NO. 21-01-0867 Estate of Elizabeth B. Kuethe, Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW SEPTEMBER 21. ,2001, in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument dated March 10,2000 described therein be admitted to probate and filed of record as the last will of Elizabeth B. Kuethe; and Letters Testamentary are hereby granted to CHRISTINE SHECKELS, Executor .. '1Z:ttt d('/UJ1fl 'P'Jl (?t2..J(~J1~ eglst of Wills FEES Probate, Letters, Etc. ........... $ 270.00 Short Certificate(s) ..J.......... $ 9.00 ~..U'I.RA..P.GS...6 $ 18.00 JCP $ 5.00 TOTAL $ 302.00 Filed... .S.~f.'!::~~UU:~R ..2.l... .2.0.0.l.................... Richard L. Webber, Jr., Esquire Attorney J.D. No. 49634 19 Brookwood Avenue, Suite 106 Carlisle, PA 17103-9142 (717) 249-5373 CALLED ATTORNEY SEPTEMBER 21, 2001 F:\User Folder\Firm Docs\Estates\2367-ltest,l.wpd 05.805 REV 9186 This is to certify that the information here given is correctly copied fro~ an original certificate of death dul~ filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filmg. WARNING: It is illegal to duplicate this copy by photostat or photograph" Fee for this certificate, $2.00 p 7619549 No. a .~ ~ ,*-'&:/ /J(! .. - ~~'7J2---" Local Registrar AUG 0 3 2001 Date 43 Rev. 2187 COMMONWEALTH OF PENNSYLVANIA. OEPARTMENT OF HEALTH · VITAL RECOROS CERTIFICATE OF DEATH NAME OF DECEDENT IFw.. Middle. ~_I 1. EUztlbe.th B. Kue.the. SEX 2.Female AGE Il. ~ UNOER 1 YeAR MonIh8 o.r. UNDER 1 ow ...... i MInulIe . 8IATHPlAC.E (CoIY aIld PUCE OF DERH (CNrcIc 0f1IV"'" _.".,uchOne on <llhet -. sw. Of Fet_ Caonorvl HOSl'ITA&.: OtHER: Toledo, OH Inpalieftl 0 000\ 0 ::=0 0'" 7. ... lIClUTV NAME (II noc__. owe SIr'" and numbIf. ~10 Schoo.f. VL6tJr..i..ct DECEDENT'S ACTUAl.. AESIOEHCE --- alIlerllClel 17.. sa.. PA 1~. :IlL ~=-Z::=-~br OFOEATH ~ ......... 2C.. Y t1\ II.. 127. MIlT I: e-lhe --.. ...... Of coonplic:8liona wIliclo cauucllhe cle.lh 00 Illll..... lhe mode of dViAlI. liII~__anMClo_. _.CAUUIF..... Ca' A _or_ ~~ -.ling.. ~ - .. 10 lOA AS A CONSEOUENCE Of): ..........,..---- ..........,.---- I : DUl:lOIOAASACONSEOUENCEClF): . _. ~tMIIM.YIHCl CAUU..... or...-Y L- lNIiNiIIIed_ OUElO(ORASACONSEOUENCEClF): ..'-*'g.....LAST :_MSANAU1OPSY ;;ijPERFOflMSn ~ WEllE AU1OPS'Y flNDlNQS IINU\8LE f'IUOR 10 COW'LETlOH OF CAUSE OF IlERH1 =ROFDE~ DATE OF INJURY (Monlh. Oey. _, Homir:ide .......~ Could Illll be delennoned - -..OND ~O /Acciderlt No r:1' SuiI:l<M o o 28It. CEIIT.... ca- only oneI "C&ITM'YINQ 1'H'tSIClAN(PhyIICIIIn~__d_ ___ p/lwsc_hasllt~ dealh_ccmpeled "_231 To.............,...............oc:cunM_....c.......)__............................................................ .. a. ~~ ~ OPROHOlINCINQ AND CDTlFYlNG PHYSICIAN (Physo:oan _ llIanouneor>g llNlh and ~lOcaute or.,....1 ~ To........ ef "" knowlecIp. cIudI occ....... ef ........ ..... _ plece. _ due . "'c-..,_ "'......, ........... . . . . . . . . . . . . . . . . . . . . . . . . ;!I "MEDICAL EXAIIIN'ERICORONER On UIe...... of ex-"'atlon lIndI'ar Invesclgallotl.ln my opiniOn, cIoath occurred .t lhe tlmo. Ate, ;met pIKe. and clue to lhe cau..(s) ancI _ .. ...ted.. . . . . .. . . . . . .. . . . . . . .. .. . . . . . . . .. . . . . . .. . . . . . .. .. .. .. . .. .. . . . . . . . . . . . . . . . . .. .. . .. . . . . . . . . . . . . .. .. 31s. --I REGlS~SSIGNRUAEANONUM8ER " ~~~..- ~/~v~l SWE'll.E~R SOCIAL SECUfllTY NUMBER 3. 302 - 01 4669 white DId --- ... in S -.., MAAITAL STRU8 ....... SUAVMNG SI'OUSI! "'--......... WilIIIwecI. {II.... owe -. '*"-' 14. Wldo;;,r tl. lre.D ................ NoJtth Ne.wton ..... Cily/IIlq TlWE OF INJURY INJUIIlY R WORk1 DESCRI8E HOW INJURY OCCUflflED. ~ 0 NoD J)L~( M. LAST WILL AND TEST AMENT OF ELIZABETH B. KUETHE I, ELIZABETH B. KUETHE, a resident of the County of Cumberland, Newville, Pennsylvania, and being of full age, sound mind and memory, and not acting under any duress, menace, fraud or undue influence of any person whomsoever, do make, publish and declare this my Last Will and Testament, revoking all other wills and codicils made and executed heretofore by me. ITEM I. I hereby give and bequeath the sum of Five Thousand ($5,000.00) Dollars to the MESSIAH UNITED METHODIST CHURCH located at 30 South Penn Street, Shippensburg, Pennsylvania. I give all the rest and residue of my estate, of whatever kind and character and ITEM II. wherever situated, to CHRISTINE SHECKELS as successor Trustee, under and subject to the terms and provisions of a certain revocable trust agreement executed by me as Grantor and Trustee prior to the execution of this Will on the I oft.. day of March, 2000, to be added to and become a part of the trust created hereby, to be administered and distributed as a part of said trust in accordance with the terms and provisions of said revocable trust instrument, including any amendments thereto made by me in writing. ITEM III. I nominate and appoint my daughter, CHRISTINE SHECKELS, to be the Executor of this, my Last Will and Testament. In the case of a vacancy in the executorship, I nominate and appoint my remaining daughters NANCY LONG and ELIZABETH McINTOSH or . . , the survivor of them as successor/alternate Co-Executors. I request that no bond be required of any person named herein as Executor or successor/alternate Executor. In addition to the powers conferred on executors by law, my Executor or successor/alternate Executor shall have the power and authority to: (a) Enter upon and take possession of the estate property and invest and reinvest the same in real or personal assets or securities of any kind and nature whatsoever that yield a high rate in income, not being limited by any present or future investment law, all without regard to the proportions that any such investment may bear to the value of such estate, the relation it may bear to the type or character of other investments in such estate, or the effect such investment may have upon the diversification of the investments in such estate, and even though such investment or reinvestment shall be when made or shall thereafter become unproductive of income or speculative; (b) Retain for as long as may be deemed desirable all property in the form in which the same shall be acquired by such estate, without regard to any trust investment rules of any kind or to the proportion that anyone asset or class of assets may bear to the whole, and without liability for any loss that may be incurred thereby; (c) Sell (either for cash or partly for cash and partly on credit, for any period, with or without security), option, convey, exchange (whether or not of like kind or similar use), lease for any length of time regardless of the possible or actual prior termination of any estate administration, partition, plat, subdivide, improve and develop, repair, manage, operate or otherwise enter upon contracts or agreements regarding, deal with or dispose of any part or all of the said property, whether real or personal, at any time or times, for any purpose or purposes, in any manner, -2- . I . , either public or private, and upon any terms and with any party, including any who may be, directly or indirectly, a beneficiary; (d) Grant or release easements or charges of any kind, with or without consideration, effect and carry insurance (protecting against such hazards and liabilities as may be deemed advisable), renew or extend, amend, change or modify leases, grant options to lease and options to renew leases, all on such terms and conditions as may be deemed advisable and to pay any and all expenses in connection therewith; (e) Exercise or not exercise or otherwise deal with any and all options of any kind; (f) Vote, deal or consent, in person or by proxy (with or without power of substitution) with respect to any securities; (g) Enforce, abandon, adjust, arbitrate, compromise, sue on or defend, and otherwise deal with and settle, on such terms as may be deemed advisable, any and all claims in favor of or against such estate, including those relating to tax matters; (h) Borrow money for the payment of taxes, the exercise of options or for any other purpose or purposes whatsoever, from any source on the general credit of any trust property, and to pledge or mortgage any or all of said property as security for the repayment of such loans, and to pay interest on and to renew, extend, modify, reduce and payoff, from time to time, any such indebtedness incurred by the fiduciary, or any predecessor in interest; - 3 - . , (i) Employ or consult with such agents, advisors and legal counsel as may be deemed advisable in connection with the performance of fiduciary duties hereunder, and determine and pay such persons, firms or corporations the reasonable value of their services; G) Fix and determine the value of any property, securities or investments, and adopt any appraisement or valuation made by others for the purpose of making distribution or division thereof, and any value so determined shall be final, binding and conclusive on all persons whomsoever; (k) Make, execute and deliver any and all such instruments in writing as shall be necessary and proper to carry out any disposition whatever of any property; (1) Carry in the fiduciary's name or in the name of the fiduciary's nominee or nominees, and with or without designation of fiduciary capacity, or unregistered, or in such forms as will pass by delivery, securities or other properties requiring or permitting of registration or recording; (m) File a federal income tax return for any period or periods for which such a return may be permitted, and pay all or such part as my Executor deems advisable of any balance of tax shown on any joint return, and any additional tax, interest and penalty thereon; (n) Claim as income tax deductions all or any portion of the expenses of administration of my estate, expenses for my medical care which are paid out of my estate during the first year after the date of my death, and any other payments which my Executor may elect to claim either as income tax deductions or as estate tax deductions, and also elect the alternative -4- , . valuation dates for the items included in my gross estate for estate tax purposes, and my Executor is directed to do so whenever any such election may appear to my Executor to bring about less aggregate income and estate taxes imposed upon my estate, on the income therefrom, or on the income received by the beneficiaries from my estate, and my Executor is further directed not to make any adjustments between income and principal or in the amount of any bequest passing to any beneficiary of my estate as a result of such election; and (0) Exercise, in general, all such control and power over the property as an individual might exercise with respect to his own property. ITEM IV. Prior to the distribution of my residuary estate to the Trustee under Item II, my Executor or successor/alternate Executor shall pay all costs of administration and federal and state death taxes therefrom without apportionment and without requiring any contribution or reimbursement from any legatee or other recipient of property subject to such taxes. ITEM V. At my death, the Internal Revenue Code may permit my Executor or successor/alternate Executor to make various elections for income, gift and estate tax purposes. I authorize my Executor or successor/alternate Executor to make all such elections without making any adjustments between income or principal, or between the beneficiaries under my Will who may be substantially affected thereby. My Executor or successor/alternate Executor is authorized in her sole and absolute discretion to make allocations and distributions of assets in kind without regard to the adjusted basis of the assets so allocated or distributed and without making any equitable adjustment among the distributees therefor. - 5 - . - . The determination of my Executor or successor/alternate Executor in making such income, gift and estate tax elections and in making such allocations and distributions of assets in kind shall be binding on all beneficiaries. Further, my Executor or successor/alternate Executor shall be exonerated from any and all liability arising from the exercise of her discretion with respect to such income, gift and estate tax elections and with respect to the allocation and distribution of assets in kind, and no beneficiary shall have any claim against my estate, my Executor or my successor/alternate Executor arising therefrom. Throughout this instrument, the masculine gender shall be deemed to include the feminine and neuter, and the singular, the plural, and vice versa, where the context so requires. IN WITNESS WHEREOF, I, ELIZABETH B. KUETHE, have hereunto set my hand to this my Last Will and Testament consisting of a total of seven (7) typewritten pages, this If>fh day of March, 2000. -lL~ I~.~ ELIZ~ETH B. KUETHE In our presence, the above-named Testatrix signed this and declared it to be her Will, and now, at her request and in her presence and in the presence of each other, we sign as witnesses: -6- -. , , . - . ~ STATE OF PENNSYLVANIA) ) SS COUNTY OF CUMBERLAND) I, ELIZABETH B. KUETHE, having been duly qualified according to law, acknowledge that I signed the foregoing instrument as my Will and that I signed it as my free and voluntary act for the purposes therein expressed. .P~ ~---u L- ,~/~, ^'~ Elizab B. Kuethe, T estatnx We, having been duly qualified according to law, depose and say that we were present and saw ELIZABETH B. KUETHE sign the foregoing instrument as her Will; that she signed it as her free and voluntary act for the purposes therein expressed; that each of us in her sight and hearing and at her request signed the Will as witnesses; and that to the best of our knowledge she was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. ~I/~ t. · I ~ Wit ss Subscribed, sworn to or affirmed, and acknowledged before me by the above-named Testatrix and by the witnesses whose names appear opposite on this Jff!!l day of March, 2000. Notarial Seal Joann E. Tritt, Notary Public Newville Boro, Cumberland County My Commission Expires Aug. 8, 2002 Member, Pen:1syllfanla Association ot Notaries This Instrument Prepared By: James R. Marlow, Esq. MARLOW & GAY CO., L.P.A. 1810 Convergys Center 600 Vine Street Cincinnati, Ohio 45202-2429 (513) 287-6901 JRMlhat plans\ebkwill -7 - ~ ~ F:\User Folder\Finn Docs\Estates\2367-lcen.not.wpd CERTIFICATION OF NOTICE UNDER RULE 5.6(a) Name of Decedent: ELIZABETH B. KUETRE Date of Death: August 1, 2001 Will No. 2001-00867 To the Register: I certify that notice of beneficial interest required by Rule 5.6(a) of the Orphans' Court Rules was served on or mailed to the following beneficiaries of the above-captioned estate on September 27,2001. Name Address Nancy Long 126 Glenmary, Cincinnati, OR 45220 Elizabeth McIntosh 840 Clifton Hills Terrace, Cincinnati, OH 45220 Messiah United Methodist Church 30 South Penn Street, Shippensburg, P A 17257 Christine Sheckels 6894 Old Chapel Road, Cincinnati, OH 45244 Notice has not been given to all persons entitled thereto under Rule 5.6(a) except - N/A Date: 1/)7((71 Name - Richard L. Webber, Jr. Address - 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 Telephone (717 ) 249-5373 Capacity: Personal Representative X Counsel for personal representative COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG, PA 17128-0601 REV-1162 EX(11-96) RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT WEBBER RICHARD L JR 126 EAST KING STREET SHIPPENSBURG, PA 17257 u______ fold ESTATE INFORMATION: SSN: 302-01-4669 FILE NUMBER: 2101-0867 DECEDENT NAME: KUETHE ELIZABETH B DA TE OF PAYMENT: 05/01/2002 POSTMARK DATE: 00/00/0000 COUNTY: CUMBERLAND DATE OF DEATH: 08/01/2001 NO. CD 001133 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 I $4,060.94 I I I I I I I I TOTAL AMOUNT PAID: REMARKS: CHRISTNE P SHECKLEY C/O RICHARD L WEBBER JR CHECK# 0121 SEAL INITIALS: SK RECEIVED BY: REGISTER OF WILLS $4,060.94 MARY C. LEWIS REGISTER OF WILLS COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG, PA 17128-0601 REV-1162 EX( 11-96) RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT SHECKELS CHRISTINE 6894 OLD CHAPEL ROAD CINCINNATI,OH 45244 -------- fold EST A TE INFORMATION: SSN: 302-01-4669 FILE NUMBER: 21-2001- 0867 DECEDENT NAME: KUETHE ELIZABETH B DA TE OF PAYMENT: 11/01/2001 POSTMARK DATE: 00/00/0000 COUNTY: CUMBERLAND DATE OF DEATH: 08/01/2001 NO. CD 000467 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 I $4,900.00 I I I I I I I I TOTAL AMOUNT PAID: REMARKS: CHRISTINE P SHECKELS CHECK# 0008 SEAL INITIALS: PB RECEIVED BY: REGISTER OF WILLS $4,900.00 MARY C. LEWIS REGISTER OF WILLS BRIDGET M WHITLEY KEEFER ETAL PO BOX 11963 HBG PA 171~8 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE NOTICE OF DETERMINATION AND ASSESSMENT OF PENNSYLVANIA ESTATE TAX BASED ON FEDERAL CLOSING LETTER DATE ESTATE OF DATE OF DEATH FILE NUMBER COUNTY ACN '* BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION DEPT. 280601 HARRISBURG, PA 17128-0601 REY-73' EX AFP [01-02) 01-27-2004 FOWLER 09-07-2002 21 02-0867 CUMBERLAND 202 ROBERT H Allount Rellitted MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE1 PA 17013 NOTE: To insure proper credit to your accountl subllit the upper portion of this forll with your tax paYllent. CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR FILES ~ RE-V:73Er-Ex--AFP--(oi~li2i-----.ii-No-ficE--oF--DiTifiMiiiATiifN-AN1)-iSfsESSfMENY----------------------------- OF PENNSYLVANIA ESTATE TAX BASED ON FEDERAL CLOSING LETTER .. ESTATE OF FOWLER ROBERT H FILE NO.21 02-0867 ACN 202 DATE 01-27-2004 ESTATE TAX DETERMINATION 1. Credit For State Death Taxes as Verified 91408.59 2. Pennsylvania Inheritance Tax Assessed (Excluding Discount and/or Interest) 231344.12 3. Inheritance Tax Assessed by Other States or Territories of the United States (Excluding Discount and/or Interest) .00 4. Total Inheritance Tax Assessed 23,344.12 5. Pennsylvania Estate Tax Due .00 6. Amount of Pennsylvania Estate Tax Previously Assessed Based on Federal Estate Tax Return .00 7. Additional Pennsylvania Estate Tax Due .00 TAX CREDITS: PAYMENT RECEIPT DISCOUNT (+) AMOUNT PAID DATE NUMBER INTEREST/PEN PAID (-) TOTAL TAX CREDIT .00 BALANCE OF TAX DUE .00 INTEREST AND PEN. .00 TOTAL DUE .00 -IF PAID AFTER THIS DATEI SEE REVERSE SIDE (IF TOTAL DUE IS LESS THAN $11 NO PAYMENT IS REQUIRED FOR CALCULATION OF ADDITIONAL INTEREST. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CRJ1 YOU HAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.) v 17- 9-t!);J/ BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION DEPT. 280601 HARRISBURG, PA 17128-0601 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX DATE ESTATE OF DATE OF DEATH FILE NUMBER ;'1 f:} :f) JOUNTY ACN 06-04-2002 KUETHE 08-01-2001 21 01-0867 CUMBERLAND 101 Amount Rellitted RICHARD l WEBBER JR WEIGLE & ASSOCS 126 EKING ST SHIPPENSBURG '02 JUr~ 1 0 l... .~ PA 172!iiU1L *' REV-1547 EX AFP <01-02) ELIZABETH B MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WIllS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~ REY=is4j-ix-AFP-rol-':ozl--Ncjfici--oF-'rNHiifiTAifCE-YA;rA-PPRAisiiiiNT~--Ar.i-oWAiicE-OR----------------- DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX ESTATE OF KUETHE ELIZABETH B FILE NO. 21 01-0867 ACN 101 DATE 06-04-2002 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) 2. Stocks and Bonds (Schedule B) 3. Closely Held Stock/Partnership Interest (Schedule C) 4. Mortgages/Notes Receivable (Schedule D) S. Cash/Bank Deposits/Misc. Personal Property (Schedule E) 6. Jointly Owned Property (Schedule F) 7. Transfers (Schedule G) 8. Total Assets (1) (2) (3) (4) (5) (6) (7) .00 .00 .00 .00 216,783.08 .00 .00 (8) APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Adll. Costs/Misc. Expenses (Schedule H) 10. Debts/Mortgage Liabilities/Liens (Schedule I) 11. Total Deductions 12. Net Value of Tax Return 13. Charitable/Governllental Bequests; Non-elected 9113 Trusts (Schedule J) 14. Net Value of Estate Subject to Tax I~ an assessment was issued previously, lines 14, 15 and/or 16, 17, 18 and 19 will re~lect ~igures that include the total of ALL returns assessed to date. ASSESSMENT OF TAX: IS. Allount of Line 14 at Spousal rate (IS) 16. Allount of Line 14 taxable at Lineal/Class A rate (16) 17. Allount of Line 14 at Sibling rate (17) 18. Allount of Line 14 taxable at Collateral/Class B rate (18) 19. Principal Tax Due NOTE: (9) ClO) 5,720.94 NOTE: To insure proper credit to your account, subllit the upper portion of this forll with your tax paYllent. 216,783.08 6.920 25 209,862.83 5,000.00 204,862.83 Cl9)= .00 9,218.83 .00 .00 9,218.83 1.199.31 (ll) Cl2) Cl3) Cl4} .00 X 00 = 204,862.83 X 045 = .00 X 12 = .00 X 15 = TAX CREDITS: . "'. ....n . .....-....... . (+J AMOUNT PAID DATE NUNBER INTEREST/PEN PAID (-) 11 01-2001 CDOO0467 257.89 4,900.00 05-01-2002 CDOO1133 .00 4,060.94 TOTAL TAX CREDIT 9,218.83 BALANCE OF TAX DUE .00 INTEREST AND PEN. .00 TOTAL DUE .00 . IF PAID AFTER DATE INDICATED, SEE REVERSE FOR CALCULATION OF ADDITIONAL INTEREST. ( IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT-- (CR), YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.) ~/ STATUS REPORT UNDER RULE 6.12 Name of Decedent: Elizabeth B. Keuthe Date of Death: August 1, 2001 Will No. 2001-00867 Admin. No. Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: Yes X No 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete:__ N/A 3. If the answer to No.1 is Yes, state the following: a. Did the personal representative file a final account with the Court? Yes No b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state account informally to the parties in interest? Yes X an No d. Copies of receipts, releases, joinders and approvals of formal or informal accounts may be filed with the Cerk of the Orphans' Court and may be attached to this report. " , '.J ,.,\ /----.J ft - ~<4 Signature . .' Richard L. Webber, Jr.'; Name (Please type.or print) 126 East King Street Addres s Shippensburg, PA 17257 ( 717) 532-7388 Tel. No. Date: 6/19/02 ~;~: 9Z l\:r:r ZOo Capacity: Personal Representative X Counsel for personal representative (MAH:rmf/AM3) REV-1500 EX (6-00\ . " COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE DEPT. 280601 HARRISBURG, PA 17128-0601 REV-1500 (J,/ W I- ll:::$Ul uct:ll:: wQ.u :I:oo uct:..J Q.lQ 110 <I: I- Z w Q w o w Q z o < ..J ~ t:: a.. <( o w 0::: /1-9 FILE NUMBER INHERITANCE TAX RETURN RESIDENT DECEDENT LL- 0 1 COUNTY CODE YEAR ~~JL~L NUMBER DECEDENT'S NAME (LAST, FIRST, AND MIDDLE INITIAL) Kuethe, Elizabeth B. DATE OF DEATH (MM-DD-YEAR) DATE OF BIRTH (MM-DD-YEAR) 08/01/2001 04/05/1919 (IF APPLICABLE) SURVIVING SPOUSE'S NAME (LAST, FIRST, AND MIDDLE INITIAL) SOCIAL SECURITY NUMBER 302 - 10 - 4669 THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS SOCIAL SECURITY NUMBER [K] 1. Original Return D 4. Limited Estate [!] 6. Decedent Died Testate (Attach copy of Will) D 9. Litigation Proceeds Received D 2. Supplemental Return D 4a. Future Interest Compromise (date oj death atter 12-12-82) D 7. Decedent Maintained a Living Trust (Attach copy ofTrust) D 10. Spousal Poverty Credit (date of death between 12-31-91 and 1-1-95) o 3. Remainder Return (date oj death prior to 12-13-82) D 5. Federal Estate Tax Return Required o 8. Total Number of Safe Deposit Boxes D 11. Election to tax under Sec. 9113(A) (Attach Sch 0) NAME COMPLETE MAILING ADDRESS Richard L. Webber Jr. FIRM NAME.(lfi\Ppli~ble) & A . Welg~e sSOclates, P.C. TELEPHONE NUMBER (717) 532-7388 126 East King Street Shippensburg, PA 17257 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) (1) (2) (3) (4) (5) :~; ..~ r 216.783.08 5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) 6. Jointly Owned Property (Schedule F) D Separate Billing Requested 7 . Inter-Vivos Transfers & 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 (Line 8 minus Line 11) (6) (7) (8) 216,783.08 (9) (10) 5,720.94 1,199.31 (11) 6,920.25 (12) 209,862.83 (13) ,.000.00 (14) 204.862.83 13. Charitable and Governmental Bequests/See 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) SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES z o l;;: ~ ~ a.. :E o o g 15. Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116 (a)(1.2) x .0 _ (15) 16. Amount of Line 14 taxable at lineal rate 204.862.83 x .04..L (16) 9.218.83 17. Amount of Line 14 taxable at sibling rate x .12 (17) 18. Amount of Line 14 taxable at collateral rate x .15 (18) 19. Tax Due (19) 9,218.83 20.0 CHECK HERE IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT 1 1l ['1-1508 EX + (2-87) _~_..dt. ~'; '~. ~~. COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE E CASH, BANK DEPOSITS AND MISCELLANEOUS PERSONAL PROPERTY Please Print or Type FilE NUMBER 21-01-0867 ESTATE OF Elizabeth B. Kuethe (All property jointly-owned with the Right of Survivorship must be disclosed on Schedule F) ITEM NUMBER DESCRIPTION VALUE AT DATE OF DEATH 1. AARP Growth & Income Fund - 2678.507 shares at $22.18/share 59,409.29 2. AARP GNMA Fund - 9611.129 shares at $15.12/share 145,320.27 3. Equitable LIfe Assurance Society 6,043.48 4. F & M Trust Co. - checking account #32-99457 1,784.81 5. F & M Trust Co. - checking account #70-32250 3,274.23 6. U. S. Treasury - refund for 2001 income tax 615.00 7. PA Dept. of Revenue - refund for 2001 income tax 336.00 TOTAL (Also enter on line 5, Recapitulation) S 216,783.08 (Attach additional 8%" X 11" sheets if more space is needed.) ~EV-151l EX+ (7-88) ESTATE OF ITEM NUMBER A. 1. 2. 3. B. 1. 2. 4. C. 1. 2. 3. 4. 5. 6. 7. 8. . - SCHEDULE H FUNERAL EXPENSES, ADMINISTRATIVE COSTS AND MISCELLANEOUS EXPENSES Please Print or Type FILE NUMBER 21-01-0867 COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT Elizabeth B. Kuethe DESCRIPTION Funeral Expenses: Cremation Flowers for funeral Donations to nursing home Administrative Costs: Personal Representative Commissions Social Security Number of Personal Representative: Year Commissions paid Attorney Fees James R. Marlow, Esquire/Richard L. Webber, Jr., Esquire 3. Family Exemption Claimant Relationship Address of Claimant at decedent's death Street Address City State Zip Code Probate Fees Cumberland County Register of Wills Miscellaneous Expenses: Cumberland Law Journal - legal advertisement The Valley Times-Star - legal advertisement Cumberland County Register of Wills - short certificate Cumberland County Register of Wills - certified copy of Letters Testamentary Cumberland County Register of Wills - filing fee for inheritance tax return TOTAL (Also enter on line 9, Recapitulation) $ (If more space is needed, insert additional sheets of same size.) AMOUNT 88.00 54.59 126.85 5,000.00 302.00 75.00 54.50 3.00 2.00 15.00 5 ,720.94 REV-1512 EX+ (1-93) '* SCHEDULE I DEBTS OF DECEDENT, MORTGAGE LIABILITIES AND LIENS Please Print or Type FILE NUMBER 21-01-0867 COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Elizabeth B. Kuethe ITEM NUMBER DESCRIPTION AMOUNT 1. Hampton Inn 210.17 2. Hertz Rental Car 403.53 3. Expenses to move decedent from apartment to nursing home 585.61 TOTAL (Also enter on line 10, Recapitulation) (If more space is needed, insert additional sheets of same size.) $ 1.199.31 . RF\:-1513 EX+ {2-87) ESTATE OF ITEM NUMBER 1. 2. 3. 4. 5. 6. SCHEDULE J BENEFICIARIES COMMONWEALTH OF P~NNSYlVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT FilE NUMBER Elizabeth B. Kuethe 21-01-0867 NAME AND ADDRESS OF BENEFICIARY RElATIONSHIP AMOUNT OR SHARE OF ESTATE A. Taxable Bequests: Amy Long Kraszewski 1941 W. Edgerton Road Broadview Heights, OH 44147 Grandchild $2,500.00 Abigail George 6242 Bach Drive West Chester, OH 45069 Grandchild 2,500.00 Stephanie Dunlap 840 Clifton Hills Terrace Cincinnati, OH 45220 Grandchild 2,500.00 Jennifer Dunlap 840 Clifton Hills Terrace Cincinnati, OH 45220 Grandchild 2,500.00 Carl Margraf 2552 Madison Road, Apt. 31 Cincinnati, OH 45244 Grandchild 2,500.00 Meredith Margraf 6894 Old Chapel Drive Cincinnati, OH ~)~5244 G.t.i'l t: "\--t.A , Grandchild 2,500.00 ITEM NUMBER NAME AND ADDRESS OF BENEFICIARY AMOUNT OR SHARE OF ESTATE B. Charitable and Governmentol Bequests: 1. Messiah United Methodist Church 30 South Penn Street Shippensburg. PA 17257 $5,000.00 TOTAL CHARITABLE AND GOVERNMENTAL BEQUESTS (Also enter on line 13, Recapitulation) $ (If more space is needed, insert additional sheets of same size) R~~ 1513 EX + 1~~B71 *' COMMONWEALTH OF P!NNSYlVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE J BENEFICIARIES ESTATE OF Elizabeth B. Kuethe FILE NUMBER 21-01-0867 Page 2 ITEM NAME AND ADDRESS OF BENEFICIARY RELATIONSHIP AMOUNT OR NUMBER SHARE OF ESTATE A. Taxable Bequests: 7. Nancy Long Daughter One-third 0/ 3946 Beach Street, Apt. 10 of residue Cincinnati, OR 45227 8. Elizabeth Dunlap Daughter One-third 0/ 3344 Scioto Drive of residue Cincinnati, OR 45244 9. Christine Sheckels Daughter One-third 0/ 6894 Old Chapel Road of residence Cincinnati, OR 45244 3) 3) 3) ITEM NUMBER NAME AND ADDRESS OF BENEFICIARY AMOUNT OR SHARE OF ESTATE B. Charitable and Governmental Bequests: 1. TOTAL CHARITABLE AND GOVERNMENTAL BEQUESTS (Also enter on line 13, Recapitulation) S (If more space is needed, insert additional sheets of same size) ., ,. .". ._f'anv__ ,~.VT1- LAST WILL AND TEST AMENT OF ELIZABETH B. KUETHE I, ELIZABETH B. KUETHE, a resident of the County of Cumberland, Newville, Pennsylvania, and being of full age, sound mind and memory, and not acting under any duress, menace, fraud or undue influence of any person whomsoever, do make, publish and declare this my Last Will and Testament, revoking all other wills and codicils made and executed heretofore by me. ITEM I. I hereby give and bequeath the sum of Five Thousand ($5,000.00) Dollars to the MESSIAH UNITED METHODIST CHURCH located at 30 South Penn Street, Shippensburg, Pennsylvania. ITEM II. I give all the rest and residue of my estate, of whatever kind and character and wherever situated, to CHRISTINE SHECKELS as successor Trustee, under and subject to the terms and provisions of a certain revocable trust agreement executed by me as Grantor and Trustee prior to the execution of this Will on the lofh day of March, 2000, to be added to and become a part ofthe trust created hereby, to be administered and distributed as a part of said trust in accordance with the terms and provisions of said revocable trust instrument, including any amendments thereto made by me in writing. ITEM III. I nominate and appoint my daughter, CHRISTINE SHECKELS, to be the Executor of this, my Last Will and Testament. In the case of a vacancy in the executorship, I nominate and appoint my remaining daughters NANCY LONG and ELIZABETH McINTOSH or ,-".._._,~ l. the survivor of them as successor/alternate Co-Executors. I request that no bond be required of any person named herein as Executor or successor/alternate Executor. In addition to the powers conferred on executors by law, my Executor or successor/alternate Executor shall have the power and authority to: (a) Enter upon and take possession of the estate property and invest and reinvest the same in real or personal assets or securities of any kind and nature whatsoever that yield a high rate in income, not being limited by any present or future investment law, all without regard to the proportions that any such investment may bear to the value of such estate, the relation it may bear to the type or character of other investments in such estate, or the effect such investment may have upon the diversification of the investments in such estate, and even though such investment or reinvestment shall be when made or shall thereafter become unproductive of income or speculative; (b) Retain for as long as may be deemed desirable all property in the form in which the same shall be acquired by such estate, without regard to any trust investment rules of any kind or to the proportion that anyone asset or class of assets may bear to the whole, and without liability for any loss that may be incurred thereby; (c) Sell (either for cash or partly for cash and partly on credit, for any period, with or without security), option, convey, exchange (whether or not oflike kind or similar use), lease for any length of time regardless of the possible or actual prior termination of any estate administration, partition, plat, subdivide, improve and develop, repair, manage, operate or otherwise enter upon contracts or agreements regarding, deal with or dispose of any part or all of the said property, whetherreal or personal, at any time or times, for any purpose or purposes, in any manner, - 2 - . _ .,_.... ..__ ._.-"_.....::.".--l..J.~,,_._....--- '--- " either public or private, and upon any terms and with any party, including any who may be, directly or indirectly, a beneficiary; (d) Grant or release easements or charges of any kind, with or without consideration, effect and carry insurance (protecting against such hazards and liabilities as may be deemed advisa.ble), renew or extend, amend, change or modify leases, grant options to lease and options to renew leases, all on such terms and conditions as may be deemed advisable and to pay any and all expenses in connection therewith; (e) Exercise or not exercise or otherwise deal with any and all options of any kind; (f) Vote, deal or consent, in person or by proxy (with or without power of substitution) with respect to any securities; (g) Enforce, abandon, adjust, arbitrate, compromise, sue on or defend, and otherwise deal with and settle, on such terms as may be deemed advisable, any and all claims in favor of or against such estate, including those relating to tax matters; (h) Borrow money for the payment of taxes, the exercise of options or for any other purpose or purposes whatsoever, from any source on the general credit of any trust property, and to pledge or mortgage any or all of said property as security for the repayment of such loans, and to pay interest on and to renew, extend, modify, reduce and payoff, from time to time, any such indebtedness incurred by the fiduciary, or any predecessor in interest; - 3 - "'~"'>.;.~"'~"~' .-' r...............- .- .,--"...,.~ ,-,-.' .~ . ~- - ~~,~--,.. (i) Employ or consult with such agents, advisors and legal counsel as may be deemed advisable in connection with the performance of fiduciary duties hereunder, and determine and pay such persons, firms or corporations the reasonable value of their services; G) Fix and determine the value of any property, securities or investments, and adopt any appraisement or valuation made by others for the purpose of making distribution or division thereof, and any value so determined shall be final, binding and conclusive on all persons whomsoever; (k) Make, execute and deliver any and all such instruments in writing as shall be necessary and proper to carry out any disposition whatever of any property; (1) Carry in the fiduciary's name or in the name of the fiduciary's nominee or nominees, and with or without designation offiduciary capacity, or unregistered, or in such forms as will pass by delivery, securities or other properties requiring or permitting of registration or recording; (m) File a federal income tax return for any period or periods for which such a return may be permitted, and pay all or such part as my Executor deems advisable of any balance of tax shown on any joint return, and any additional tax, interest and penalty thereon; (n) Claim as income tax deductions all or any portion of the expenses of administration of my estate, expenses for my medical care which are paid out of my estate during the first year after the date of my death, and any other payments which my Executor may elect to claim either as income tax deductions or as estate tax deductions, and also elect the alternative - 4 - ---'"'" ,--.-. .--_...:;........._...."--."....~---~..-....~-;.........~.......,,... valuation dates for the items included in my gross estate for estate tax purposes, and my Executor is directed to do so whenever any such election may appear to my Executor to bring about less aggregate income and estate taxes imposed upon my estate, on the income therefrom, or on the income received by the beneficiaries from my estate, and my Executor is further directed not to make any adjustments between income and principal or in the amount of any bequest passing to any beneficiary of my estate as a result of such election; and (0) Exercise, in general, all such control and power over the property as an individual might exercise with respect to his own property. ITEM IV. Prior to the distribution of my residuary estate to the Trustee under Item II, my Executor or successor/alternate Executor shall pay all costs of administration and federal and state death taxes therefrom without apportionment and without requiring any contribution or reimbursement from any legatee or other recipient of property subject to such taxes. ITEM V. At my death, the Internal Revenue Code may permit my Executor or successor/alternate Executor to make various elections for income, gift and estate tax purposes. I authorize my Executor or successor/alternate Executor to make all such elections without making any adjustments between income or principal, or between the beneficiaries under my Will who may be substantially affected thereby. My Executor or successor/alternate Executor is authorized in her sole and absolute discretion to make allocations and distributions of assets in kind without regard to the adjusted basis of the assets so allocated or distributed and without making any equitable adjustment among the distributees therefor. - 5 - . . ,..":~~,,......" ~...-..- ~r".y~''- ~'--"'..:MI't'-' "".R'~"'~ .... The determination of my Executor or successor/alternate Executor in making such income, gift and estate tax elections and in making such allocations and distributions of assets in kind shall be binding on all beneficiaries. Further, my Executor or successor/alternate Executor shall be exonerated from any and all liability arising from the exercise of her discretion with respect to such income, gift and estate tax elections and with respect to the allocation and distribution of assets in kind, and no beneficiary shall have any claim against my estate, my Executor or my successor/alternate Executor arising therefrom. Throughout this instrument, the masculine gender . shall be deemed to include the feminine and neuter, and the singular, the plural, and vice versa, where the context so requires. IN WITNESS WHEREOF, I, ELIZABETH B. KUETHE, have hereunto set my hand to this my Last Will and Testament consisting of a total of seven (7) typewritten pages, this I~ day of March, 2000. -lL 'o~ l~,~~' ELIZ~ETH B. KUETHE In our presence, the above-named Testatrix signed this and declared it to be her Will, and now, at her request and in her presence and in the presence of each other, we sign as witnesses: - 6 - ,~ 1..--..... _.-- ~~_______~.-r.~"--'-^,,-~~"'~'-~- -,,'''~...;. STATE OF PENNSYLVANIA) ) SS COUNTY OF CUMBERLAND) I, ELIZABETH B. KUETHE, having been duly qualified according to law, acknowledge that I signed the foregoing instrument as my Will and that I signed it as my free and voluntary act for the purposes therein expressed. .~~~ 15. f(~ Elizab t B. Kuethe, Testatrix We, having been duly qualified according to law, depose and say that we were present and saw ELIZABETH B. KUETHE sign the foregoing instrument as her Will; that she signed it as her free and voluntary act for the purposes therein expressed; that each of us in her sight and hearing and at her request signed the Will as witnesses; and that to the best of our knowledge she was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. ~{( Wit ss Subscribed, sworn to or affirmed, and acknowledged before me by the above-named Testatrix and by the witnesses whose names appear opposite on this /6-M day of March, 2000. This Instrument Prepared By: James R. Marlow, Esq. MARLOW & GAY CO., L.P.A. 1810 Convergys Center 600 Vine Street Cincinnati, Ohio 45202-2429 (513) 287-6901 JRM/hat plans\ebkwill Notarial Seal Joann E. Tritt, Notary Public Newville Bora, Cumberland County My Commission Expires Aug. 8. 2002 Member, Pennsylvania Association ot Notaries - 7 - AARP Investment Program ~ fr<;>m SCUDDER INVESTMENTS P.O. Box 219735 Kansas City, MO 64121-9735 1-800-253-2277 aarp.scudder.com November 1,2001 Law Office of Michael J. Hanft Attn: Richard Weber 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 Growth & Income Fund-Class AARP GNMA Fund-Class AARP Account Number: 5007971 Elizabeth Kuethe Dear Mr. Weber: I am writing in response to your request for information regarding the value of the above account. This is registered as a single account in the name of Elizabeth Kuethe. On August 1,2001, the value of this account was: FUND NAME DATE OPENED NUMBER OF SHARES SHARE PRICE ACCOUNT BALANCE Growth & Income Fund-Class AARP GNMA Fund-Class AARP 8-11-00 7-14-00 2,678.507 9,611.129 $22.18 $15.12 $59,409.29 $145,320.27 These funds do not accrue interest prior to the dividend payment date. If you have any questions or need further assistance, please call us toll free at 1-800-253-2277. We are available Monday through Friday from 8:00 a.m. to 7:00 p.m., Eastern Time. We will be happy to assist you. Sincerely, ~Uu ~~ Kim Ryan Service Representative 00443253 The AARP Funds' underwriter is Scudder Investor Services, Inc. ;;)7 W m~-T1 SHF~'-:'" EQUltTABLE J jbttejeU ~;)".:' ; ! , , P 1 January 31:, 20:012 Ms. CHRtSTINE SHECKELS 6894 OLD CHAPEL DRIVE CINCINNATI, OH 45244 , , : Dear M8~ SHECKELS: RE.; J3ETl'Y ~.~ KUETHE 1 Deceased Payee D~te of Death; August--l, 20b1 Contract Number(s) : 0000408627 We extend our condolences to the family. The Contract (8): provide for the following payments: I. CONTRACT INFORMATION ;C;ontrac:,t. # ..... -...--- Amount Payable Beneficiary 'O'O~PQ40,86,2 7 $6,043.48 Estate of BETTY B. KtJETHE' I COMPLElE THE . ! 'II. TO :'COMPtETE S',ETTLEMENT AS DESCRIBED ABOVE 1 PLEASE FOLLOW1NG: 1. The enclosed Claimant's Statement(s) by the person ot:persons entitled to payment. . : I 2. Return of the Contract(s). If they cannot be loc;:ated) we would acce:pt a statement by a beneficiary indicating this fact. 'i, 3,.- A-certified copy of the Certificate ,of Appointment o~ i, the Estate Repr:esentative. III. I I I I RETURN OF ANY OUTSTANDING CHECKS LISTED BELOW. IF THEY; hAVE BEEN NEGOTIATED, PLEASE SEND US A REIMBURSEMENT CHECK FOR T~t AMOUNT. Check Date Check Amount Check Date, , Check Amount Aug. 7, 2001 Sep. 7 I 2001 Oct. 7, 2001 $25.18 $25.18 $2 5 . 18 Jan. 7, 2002 Feb. 7, 2002 $25.18 $25.18 Total Reimbursement Due ~ $125.90 r Equltlbl, Life Anuranoe Soolet, of the United stet.. 200 Plaza Drive Secaucua, NJ 07094-3689 .Lb... . ,. -rEE 07 '02 15:21 PAUL E. SHECKELS FAX-231-0539 , QUITABLE Eqllltabll ute AI.Unlnc:ll 800ltty of the United Stat" . 200 Plaza DrIve , Secaucu8, NJ 07094-3889 P.2 Damon Pul ar Telephone: 201-583-2455 RE: ELIZABETH B. KUETHE DATE OF DEATH 8-1-2001 ACCOUNT INFORMATION X--CHECKING SAFE DEPOSIT SAVINGS ___CERTIFICATE OF DEPOSIT SHARES OF. STOCK DATE OPENED 9-17-1996 DATE CLOSED 12-10-2001 ACCOUNT NUMBER 32-99457 ACCOUNT BALANCE AT DATE OF DEATH ACCRUED INTEREST $.33 TOTAL ACCOUNT BALANCE $1.784.81 NAME(S) ON ACCOUNT ELIZABETH B. KUETHE & ROMAINE KUETHE $1. 784.48 --------------------------------------------------------------- AOCOIDIT-INEQRMATlOll -.-X_CHECKING SAFE DEPOSIT SAVINGS CERTIFICATE OF DEPOSIT SHARES OF STOCK DATE OPENED 4-7-1997 DATE CLOSED 12-11-2QQ1 ACCOUNT NUMBER 70-32250 ACCOUNT BALANCE AT DATE OF DEATH ACCRUED INTEREST S5.21 TOTAL ACCOUNT BALANCE S3,274.23 NAME{S) ON ACCOUNT ELIZABETH B. KUETHE S3.269.02 ------------------------------------------------------------------ January 29, 2002 Michael J. Hanft Attorney at Law 19 Brookwood Avenue Suite 106 Carlisle, PA 17013-9142 RE: ELIZAB~UETHE Gentlemen: In reference to the above customer, our records show the attached information to be correct. Our total researching fee for the information we have provided is $ LO_LOD . Please send your remittance to the following address: Farmers and Merchants Trust Company ATTN Stacey Stenger 20 South Main Street Chambersburg, PA 17201-0819 If I may be of any further assistance, please contact me. Sincerely, ~A.~e!;!;/fL operat{~ns Clerk III P.O. Box 6010. CHAMBERSBURG, PA 17201-6010 Phone ,1 ,.26-1-6116 · Toll-Free 888-264-6116 · Fax, 1,-264-.'5-I].=j , , . ELIZABETH B. KUETHE TRUST AGREEMENT THIS AGREEMENT is made atNewville, WestPennsboro Township, Cumberland County, Pennsylvania this I ()~ day of March, 2000. ARTICLE I 1.1 I, ELIZABETH B. KUETHE, as Grantor and Trustee, do hereby create a Trust for the purposes and upon the terms and provisions hereafter set forth. Accordingly, the Trustee shall administer and distribute any other property herewith or hereafter assigned, conveyed, devised and bequeathed to the Trustee or her successor by me or any other persons (all of which is hereafter collectively termed "the trust funds") upon the following terms: ARTICLE II RIGHTS RESERVED BY GRANTOR 2.1 Amendment and Revocation At any time or times, by a duly executed, witnessed al'1d acknowledged VvTitten instrument delivered to the then Trustee, Grantor (i) may modify or amend this Trust Agreement in any manner provided that the duties and liabilities of the Trustee shall not be increased without the Trustee's written consent; and (ii) may revoke this Trust Agreement in whole or in part, in which latter event any and all trust properties shan revert to Grantor as Grantor's own property, free of trust. Grantor's said reserved powers of modification, amendment and revocation are personal to Grantor '. .. I and shall not accrue to any other person or to any guardian appointed for Grantor, nor shall they extend to Grantor's estate or legal representative or to any beneficiary mentioned herein. 2.2 Withdrawal and Distribution of Trust Assets During Grantor's lifetime, the Trustee shall payor cause to be paid to or on behalf of Grantor all income not less frequently than quarter annually, and any part or all of the properties then contained in this trust including accumulated and undistributed income may be withdrawn from this trust by Grantor upon giving proper receipt or written direction therefor. During any period of Grantor's lifetime in which, in the sole judgment of any Trustee hereunder, it is for any reason inconvenient, inadvisable or impossible for Grantor to act in Grantor's own behalf with respect to this trust, such Trustee shall distribute from time to time for the support, health and maintenance of accustomed manner of living of Grantor so much of the assets then contained in this trust, even to the exhaustion thereof, as such Trustee deems advisable in the Grantor's best interest. 2.3 Trustee Actions Durin2: Grantor's Lifetime During the Grantor's lifetime, except to the extent that Grantor directs otherwise in a writing delivered to the then Trustee hereunder, the Trustee hereunder may exercise to any extent as such Trustee, in her discretion may determine to be in the best interests of this trust, anyone or more of the powers granted to the Trustee in Article VI below, and no person dealing with such Trustee hereunder shall be under any duty of any kind to verify such with respect to such dealings. At all times during Grantor's lifetime, Grantor reserves the right to give the Trustee specific instructions as to the exercise or non-exercise of anyone or more of the powers granted to her under Article VI below, which instructions shall be carried out, and the Trustee shall be exonerated from liability when acting upon such instructions. - 2 - The Trustee shall not be obliged to pay any premium or assessment on any life insurance policy on Grantor's life held by the Trustee hereunder. 2.4 Transfer of Additional Property to Trust Additional funds, securities, and other properties acceptable to the Trustee may, at any time or times, be transferred by Grantor to the Trustee as additions to the original trust hereunder. The Trustee shall accept all assets which the Grantor may give, devise and bequeath by Last Will and Testament to the original trust hereunder as well as all assets which Grantor may appoint by Last Will and Testament or otherwise to such trust pursuant to any exercise or exercises of any power or powers of appointment. 2.5 Incapacity of Grantor Notwithstanding any other provision of this Agreement to the contrary, during any period of time that any Trustee hereunder is in possession of any of the following: (a) A court order which such Trustee deems to be jurisdictionally proper and still currently applicable holding Grantor to be legally incapacitated to act in Grantor's own behalf or appointing a guardian to act for Grantor; (b) Duly executed, witnessed and acknowledged written certificates, at least one of which is then unrevoked, of two licensed physicians (each of whom represents that he is certified by a recognized medical board), each certifying that such physician has examined Grantor and has concluded that by reason of accident, physical or mental illness, progressive or intermittent physical or mental deterioration, or other similar cause, the Grantor had, at the date thereof, become incapacitated to act rationally and prudently in Grantor's own financial best interest; or " - .J - (c) Evidence which such Trustee deems to be credible and still currently applicable that Grantor has disappeared, is unaccountably absent, or is being detained under duress where Grantor is unable to effectively and prudently look after Grantor's own financial best interests. Any attempt by the Grantor to exercise the above reserved rights of revocation, amendment, withdrawal of assets and control over the Trustee shall, unless and until a court of competent jurisdiction determines otherwise, be void and totally without effect, this trust being, during that period of time, irrevocable and unamendable. No Trustee hereunder shall be under any duty to institute any examination into Grantor's possible incapacity, but any such examination reasonably instituted shall be deemed made at Grantor's request, with waiver by Grantor of all provisions of law relating to disclosure of confidential medical information needed in connection therewith, and the expenses thereof may be paid from trust assets. Any physician's aforesaid certificate may be revoked by a similar certificate to the effect that Grantor is no longer thus incapacitated executed either by (i) the originally certifying physician, or (ii) two other licensed, board certified physicians. 2.6 Use and Enjovment of Personal tv and Realtv The Grantor reserves, while living, the right to the use, possession and control of all of the tangible personal property at any time included as part of the trust funds, as well as the right to the use, possession and control of all real property which may at any time constitute part of the trust funds which may be occupied by the Grantor for residential purposes, whether as her primary residence, winter residence or otherwise. During Grantor's lifetime, the retained use, possession and control under this Section shall be without rent or other financial obligation, and the Trustee, to the extent of the trust funds and except as they are relieved of such obligation by Grantor, shall see to - 4- the timely payment of all taxes, insurance, maintenance and repairs, safeguarding and other charges related to the preservation and maintenance of each and every such property. ARTICLE III DISPOSITIVE PROVISIONS ON GRANTOR'S DEATH 3.1 Receipt of Additional Property Upon Death of Grantor After the death of Grantor, any and all benefits of any kind, to the extent receivable by the Trustee, and any and all properties of any kind which are receivable by such Trustee under the provisions of Grantor's Last Will and Testament or by the exercise of any power of appointment shall be held, administered and distributed as hereafter provided: 3.2 Payment of Claims A~ainst Grantor's Estate To relieve Grantor's probate estate from the burden of paying them, any estate, inheritance, succession or similar taxes which may be imposed as a result of Grantor's death as well as funeral, last illness and administration expenses, debts, specific bequests and other proper charges against Grantor's estate may be paid either directly or by transfer of cash or property to Grantor's estate out ofthose assets of the trust estate which are otherwise includable in Grantor's gross estate for federal estate tax pU11Joses to whatever extent be expedient and in the best interest of Grantor's beneficiaries. The Trustee may rely conclusively upon written advice from the executor, administrator or other personal representatives of Grantor's estate, or upon any other evidence as to requirements of the estate of Grantor to discharge such taxes, debts, funeral expenses and expenses of administration and as to the amount thereof. All amounts paid by the Trustee to - 5 - discharge any such taxes, debts, funeral expenses and expenses of administration shall be charged against the principal of the trust estate. 3.3 Dis{>osition of Trust Assets Uvon the Death of Grantor (a) Unless sooner terminated as provided for herein, upon the death of Grantor and after payment of claims against Grantor's estate as provided in Section 3.2 herein, my successor Trustee shall pay over and distribute outright all trust corpus and income accumulated thereon as follows: (b) My late husband's daughters, MARY DANA GERSHANOFF, CAROL YN MARCHITELL and NANCY CHACE may select any of the items made by their father and I hereby request my Successor Trustee, together with my remaining daughters, assist them in removing the specific items from my home. (c) The sum of Two Thousand Five Hundred ($2,500.00) Dollars each to my six grandchildren to wit: AMY LONG KRAJZEWSKl, ABIGAIL GEORGE, STEPHANIE DlJNLAP, JENNIFER DUNLAP, CARL MARGRAF and MEREDITH MARGRAF, per stirpes. (d) The balance of my trust estate shall be divided into equal separate shares. There shall be one (1) share for each of my daughters who is living at the date such share is established, and in the event that any of my daughters shall predecease me, her share shall be added to the share/shares created for my remaining living daughters. At the date hereofI have three (3) daughters, to wit: NANCY LONG, ELIZABETH McINTOSH and CHRISTINE SHECKELS. Amounts distributed to each daughter thereunder shall be considered trust assets (valued at the date of distribution) and the trust share established for each daughter shall be charged with the amounts - 6 - distributed to such daughter. The shares established hereunder shall be paid over and distributed outright and free of trust. ARTICLE IV GENERAL TRUST PROVISIONS 4.1 Investment Policy The investment policy of the Trustee shall be based primarily on the long-term welfare and security ofthe person who is entitled to the income of the trust and only secondarily on the interests of remainder beneficiaries. In determining the proportion of trust properties to be invested in common stock and other equities on the one hand, and in bonds and other "fixed dollar" type assets on the other, the Trustee shall consider and give weight to the amount and nature of all assets and means of support available to the then income beneficiary hereunder, to the extent such circumstances are known to the Trustee even to the point of having all trust investments in one or the other type holding. The soundness ofthe Trustee's investments shall be judged not on the basis of the trust estate alone, but on the broader basis of the then income beneficiary's economic circumstances as a whole including this trust estate. 4.2 Incontestability The beneficial provisions ofthis instrument and of Grantor's Last Will and Testament which makes reference to this instrument are intended to be in lieu of any other rights, claims or interests of whatsoever nature, whether statutory or otherwise, except bona fide predeath debts which any beneficiary hereunder may have against or in Grantor's estate or the properties in trust hereunder. Accordingly, if any beneficiary hereunder asserts any claim whatsoever (except a legally enforceable debt), statutory election, or other right or interest against or in the trust estate or - 7 - Grantor's estate, other than pursuant to the express terms hereof or of said Will, or directly or indirectly contests, disputes or calls into question before any tribunal the validity of this instrument or of said Will, then (i) such beneficiary shall thereby absolutely forfeit any and all beneficial interests of whatsoever kind and nature which such beneficiary might otherwise have under this instrument and the interests ofthe other beneficiaries hereunder shall thereupon be appropriately and proportionately increased or advanced; (ii) all of the provisions of this instrument to the extent that they confer any benefits, powers or rights whatsoever upon such claiming, electing or contesting beneficiary shall thereupon become absolutely void and revoked; and (iii) such claiming, electing or contesting beneficiary if then acting as Trustee hereunder shall automatically cease to be a Trustee and shall thereafter be ineligible either to select, remove or become a Trustee hereunder. The foregoing shall not be construed, however, to limit the appearance of any beneficiary as a witness to any proceeding involving this instrument or said Will nor to limit any beneficiary's appearance in any capacity in any proceeding solely for the construction of either of said documents. 4.3 Spendthrift Clause The interest of any beneficiary of any trust shall not be anticipated, alienated, encumbered nor in any other manner assigned by any such beneficiary unless such beneficiary first shall have obtained the consent of the Trustee. Such interest shall not be subject to any legal process, bankruptcy proceedings or the interferences or control of creditors, spouses, or divorced spouses, or others unless the Trustee shall consent thereto, and if for any reason any such interest shall, or except for this provision would vest in or be enjoyed by any person, firm or corporation other than such beneficiary without such consent, then the trust herein expressed concerning such interest shall cease as to such beneficiary, and thereafter the Trustee may pay to such beneficiary or - 8 - expend for his or her maintenance, support and education or that of any person dependent upon such one, out of such interest, such sums only as the Trustee, in its absolute discretion, shall deem proper, and the Trustee shall retain any unexpected portion of such interest as part of the principal of the trust estate. ARTICLE V TRUSTEE PROVISIONS 5.1 Successor Trustee (a) After my death, I hereby name and appoint my daughter, CHRISTINE SHECKELS, to serve as Trustee ("Trustee") hereunder. In the event the said CHRISTINE SHECKELS shall fail to qualify or resigns after qualification, I hereby name and appoint my daughters, NANCY LONG and ELIZABETH McINTOSH, as successor Co-Trustees. In the event either fails to qualify or can no longer serve after appointment, the remaining Co-Trustee shall serve alone. No Trustee shall be required to post a fiduciary bond while acting in the capacity of Trustee. (b) Any Trustee shall have the right to resign as Trustee by written notice to the income beneficiaries. In the event there is no surviving Trustee, the beneficiaries shall designate a successor Trustee within thirty (30) days after the receipt of such notice. lfthe beneficiaries fail to designate a successor Trustee within thirty (30) days after receipt of such notice, the resigning Trustee shall immediately thereafter make such designation. The incumbent Trustee shall thereupon deliver the trust funds and properties then in its hands to the next successor Trustee so designated, together with an accounting to the date of such delivery. Thereafter, the incumbent Trustee shall be discharged of all further responsibility or liability, and the next successor Trustee, without further - 9 - . " action, shall be vested with all the estate, title, powers and duties granted to its predecessor. The incumbent Trustee shall, however, execute and deliver to its successor such assignments or other instruments as may be necessary or advisable. Any successor Trustee must be a bank or trust company authorized by law as a corporate fiduciary having a combined capital and surplus of not less than Ten Million Dollars ($10,000,000.00). The provisions of this paragraph (b) shall be applicable to the resignation of all successor Trustees. ARTICLE VI ADMINISTRA TIVE PROVISIONS 6.1 Trustee's Administrative Powers and Authority - In General With respect to the trust created hereunder, during its existence and until such time after its respective termination as all of its assets shall have been distributed, its Trustee shall have the power and is authorized to: (a) Enter upon and take possession of the trust property, and invest and reinvest the same in real or personal assets of any kind and nature whatsoever that yield a high rate in income or no current income, including but not limited to securities issued by an institution which is or may become a Trustee hereunder, common and preferred stocks, security options, puts and calls, units of participation in limited partnerships, real estate investment trusts and common trust funds, investment trust stocks, mutual funds and other securities of any kind without regard to whether or not any such securities shall be listed on any stock exchange or public market, registered with any securities commission or similar body, or subject to contractual, legal or other restrictions including "investment letter" restrictions, oil, gas and other mineral interests and natural resources, - 10 - commodities and foreign exchange, insurance and annuity contracts of any kind on the life of any person or persons not being limited by any present or future investment law, all without regard to the proportions that any such investment may bear to the value of such trust, the relation it may bear to the type of character of other investments in such trust or to the effect such investment may have upon the diversification of the investments in such trust, and even though such investment or reinvestment shall be when made or shall thereafter become unproductive of income or speculative. Such investments may be purchased from any person or persons, notwithstanding that any such person may be directly or indirectly a beneficiary or a fiduciary hereunder, and any business partially or wholly owned by such trust may separately compensate any fiduciary hereunder for any services rendered directly to such business; (b) Retain for as long as may be deemed desirable all property in the form in which the same shall be acquired by such trust, without regard to any trust investment rules of any kind or to the proportion that anyone asset or class of assets may bear to the whole and without liability for any loss that may be incurred thereby; (c) Sell, either for cash or partly for cash and partly on credit, for any period, with or without security, option, convey, exchange, whether or not of like kind or similar use, lease for any length of time regardless of the possible or actual prior termination of any trust, partition, plat, subdivide, improve and develop and, where appropriate, dedicate for public use, demolish, construct, alter, reconstruct, change, repair, manage, operate or otherwise enter upon contracts or agreements regarding, deal with or dispose of any part or all ofthe trust property whether real or personal at any time or times for any purpose or purposes in any manner, either public or private, and upon any - 11 - terms and with any party including any who may be directly or indirectly a beneficiary or a fiduciary hereunder or an estate or trust of or for such a person; (d) Abandon or demolish any trust property deemed to be of insufficient value to warrant the expense of retention, or abstain from the payment of taxes, liens, rents, assessments, repairs, etc. on such property and permit such property to be lost by tax sale, foreclosure or other proceedings or by conveyance for nominal or no consideration, or to charity; (e) Grant or release easements or charges of any kind with or without consideration, effect and carry insurance protecting against such hazards and liabilities as may be deemed advisable, renew or extend, amend, change or modify leases, grant options to lease and options to renew leases, all on such terms and conditions as may be deemed advisable, and pay any and all expenses in connection therewith; (f) Exercise or not exercise or otherwise deal with any and all options of any kind; (g) V ote, deal or consent in person or by proxy, with or without power of subordination, including electing any Trustee or an employee or officer of any Trustee as a director or officer of any corporation, with respect to any securities including those of companies in which a Trustee may directly or indirectly have an interest of any kind; (h) Enforce, abandon, adjust, arbitrate, compromise, sue on or defend and otherwise deal with and settle, on such terms as such Trustee may deem advisable, any and all claims in favor of or against such trust including those related to tax matters; (i) Borrow money for the payment of taxes, the exercise of options, or for any other purpose or purposes whatsoever from any source including the commercial department of any - 12 - corporate trustee hereunder on the general credit of any trust property, pledge or mortgage any or all of said property as security for the repayment of such loans, pay interest on and renew, extend, modify, reduce and payoff from time to time any such indebtedness incurred by such Trustees or any of their predecessors in interest; (j) Loan money to anyone, including any beneficiary of that trust or of any trust hereunder, excepting anyone who may at the time also be a fiduciary hereunder, or to any estate or trust in which such person has or may have an interest for any purpose whatsoever, with or without security and at such rate of interest as the Trustees of such trust shall determine in the exercise of reasonable fiduciary discretion, and with respect to such loans and security interests, to renew, extend, modify, grant waivers, etc.; (k) Make, execute and deliver any and all such instruments in writing as shall be necessary and proper to carry out any disposition whatever of any trust property; 0) Carry in their name or in anyone of their names or in the name of their nominee or nominees, and with or without designation of fiduciary capacity, or unregistered, or in such form as will pass by delivery, securities or other properties requiring or permitting of registration or recording; and (m) Exercise in general all such control and power over the trust property as an individual might exercise with respect to his own property. The foregoing powers, as well as those now or hereafter conferred upon trustees generally, may be exercised by such Trustee in such manner as she, in her sole judgment and discretion, deems appropriate in a general sense to carry out the trust purposes under all of the then circumstances insofar as they can be reasonably ascertained by such Trustee, all without obtaining authority - 13 - . "" therefor from any court. No person dealing with the Trustee shall be bound to see to the application or disposition of cash or property transferred to or upon the order of the Trustees or to inquire into the authority, validity or propriety of any action of the Trustee. 6.2 Allocation Between Income and Principal The Trustee may allocate between income and principal all receipts and disbursements and the income from assets used to pay taxes, obligations, etc. in such manner as the Trustee in her sole but reasonably exercised discretion shall deem just and equitable, and in accordance with any sound or generally accepted trust accounting principles. 6.3 Fiduciary Liability No Trustee hereunder shall be liable for any action taken or not tal<en in reliance upon the opinion or advice of counsel, nor for the default or misconduct of any counselor agent or other representative provided such counsel, agent or otherrepresentative was selected by such Trustee with reasonable care and in good faith. No Trustee hereunder shall be required at any time to give or file any bond or security for any purpose whatsoever. 6.4 Emplovment of Agents. Counsel. Etc. The Trustee of the trust hereunder is hereby authorized to employ such accountants, custodians, experts, counsel (legal or investment) and other agents as the Trustee shall deem advisable and to delegate discretionary powers to and rely upon information or advice furnished by them. - 14 - :,'.. 6.5 Trustee Compensation No compensation shall be paid to the Trustee during my lifetime unless and until funds or property in addition to the original trust corpus are transferred to the Trustee. After my death, the Trustee shall be entitled to receive reasonable compensation for services rendered. No special charge shall be made in connection with the distribution of principal or the termination or transfer ofthe trusteeship, except on the basis of the extra services required in connection with such principal distribution, termination or transfer. 6.6 Elimination of Small Trusts The Trustee shall have the discretionary power to terminate any separate trust estate hereunder whenever the value of the trust estate is so small that the Trustee is entitled only to the minimum fees then uniformly charged by the Trustee for like services for small trust estates, after first considering all financial or other special advantages to the beneficiary or beneficiaries of continuing the trust estate which are known to the Trustee. Upon termination of any separate trust estate as aforesaid, the property of said separate trust estate then remaining shall be distributed outright and free of trust to the beneficiary or beneficiaries of each trust who are then currently entitled to receive distributions of income therefrom, to the exclusion of any remaindermen or other beneficiaries designated by the provisions of said separate trust. The Trustee's judgment shall be final, binding and conclusive upon all parties ever interested hereunder, and distribution of the trust funds in the manner herein provided shall relieve the Trustee of any further responsibility with respect to such funds. - 15 - '. 6.7 Transition on Cham!e in Trustee An outgoing Trustee, upon the effective date of removal or resignation, or upon incapacity or death, shall cease to have any powers or discretions hereunder, and, at the earliest possible date thereafter, there shall be delivered to such Trustee's successor or to another then acting Trustee hereunder all ofthe trust assets which were in the possession of such Trustee, and there shall be made available to each successor Trustee a complete financial record and inventory of assets for each of the several trusts affected thereby, With respect to any properties thus transferred over by the outgoing Trustee or by such Trustee's representative, such Trustee shall stand and be discharged of all further duties and obligations. Each successor Trustee, upon assumption of such trusteeship, shall have the same powers, rights, discretions, duties and obligations as the predecessor Trustee. The assumptions of trusteeships by a successor Trustee shall not be complete until such successor executes a written acceptance of such trusteeship showing the authority for such succession (a copy of which shall promptly be delivered personally, or sent by certified mail, to the outgoing Trustee or to such Trustee's legal representative). Whenever only one Trustee is acting with respect to a trust hereunder, such Trustee shall have all of the powers, rights, discretions and duties which are expressly conferred upon a Trustee other than such sole Trustee or from the exercise of which such sole Trustee is expressly excluded. Each successor Trustee shall be exempt from any liability in any way related to the prior actions or omissions of the Trustee hereunder, and each is specifically hereby relieved of any duty to examine or review the actions of Grantor's Executors and of the Trustees prior to Grantor's death or incapacity, after which event the Trustees and successor Trustees shall be required to exercise only that degree of diligence in locating trust assets which would be expected of an executor in locating a decedent's assets. - 16 - '.. 6.8 Corporate Trustee Whenever a bank or trust company is acting as a Trustee of a trust hereunder, it shall have the entire care and custody of all of the assets comprising such trust and shall maintain full and accurate books of account and records of all financial transactions relative to such trust, the Grantor, if then living, and to each beneficiary to whom distributions ofthe income of such trust might at that time properly be made and their respective representatives at any reasonable time for inspection. Furthermore, such corporate fiduciary shall furnish at least annually to each of such persons a complete inventory and accounting for all such properties and financial transactions. At such times as there is no corporate fiduciary of such trust, such functions shall be performed by its Trustee. 6.9 Fiduciary Relationship Notwithstanding the broad generality oJ the administrative powers granted to the Trustee hereunder by the terms of this instrument, nor of any powers which may be accorded to trustees generally pursuant to law, neither the Trustee nor any other person or persons shall purchase, exchange, or otherwise deal with or dispose of any of the assets held in trust hereunder for less than an adequate consideration in money or money's worth. The foregoing shall not, however, be construed to prohibit any Trustee hereunder from taking any action pursuant to the express provisions of Articles II through V hereof, nor from abandoning property reasonably deemed by her to be of insufficient value to warrant the expenses of retention. - 17 - . .~ ARTICLE VII MISCELLANEOUS 7.1 Governing Law The trust created hereunder has been established in the State of Ohio, and all questions pertaining to its validity, construction and administration shall be determined in accordance with the laws of Ohio. The descriptive titles of articles, sections and sub-sections of this instrument shall be made without reference to such titles. Throughout this instrument, the masculine gender shall be deemed to include the feminine and neuter, and the singular the plural, and vice versa where the context so requires. 7.2 Trustee Construction of Instruments The Trustee may construe this instrument and any action taken relying upon such construction shall be binding on all concerned and shall fully protect the Trustee even though it may be subsequently determined that such construction is erroneous. 7.3 Severability of Provision In the event that any provisions of this instrument violate any rule oflaw, only such invalid provisions and not this entire instrument shall be considered void and of no effect, and all of the other provisions hereof shall remain in full force and effect. 7.4 Bindin~ Effect This instrument shall extend to and be binding upon the heirs, executors, administrators, legal representatives and successors, respectively, of the parties hereto. - 18 - - ~ .. 7.5 Counterparts This instrument may be executed in any number of counterparts, each of which shall be deemed to be an original, and such counterparts together shall constitute but one and the same instrument. 7.6 Trust Name This trust shall be known as the "ELIZABETH B. KUETHE TRUST" and all acts hereunder may be done and instruments in writing executed under that name. IN WITNESS WHEREOF, ELIZABETH B. KUETHE has signed this Trust Agreement as Grantor and Trustee on the day and year first above vVTitten. Signed in the presence of: -, - I ( . , ,/, 'i'., 'j ~~' I~ \ ' I ;J ,. . 1 \. ...... . y\j )-4JV\j~ 1\. crt A?; : /(j~ ~ UL / / f J , C ,7'- '---I' / '. L>C,t/~,J;tl 6. K~-Le.~ ELIZABETH B. KUETHE, Grantor Signed in the presence of: ~ / 1, \ i ,'-" \ '! - -' I \ / \" ; I - J ..] , " 'iI ! A A I Ii \' ...,' J r ' i\ J I /0'J\/'^ v... ) -\ 0""',.) \ :71 )~. .v\ '~~' ijJ" ~ --e I ./ 1 i-I '---;;- '----f--/ /J L/U-,:/utL.-<---/1 b. I~-~/ ELIZABETH B, KUETHE, Trustee - 19 - I, r! I _ STATE OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) BE IT REMEMBERED that, on this /d-h day of March, 2000, before me, a Notary Public in and for said County and State, personally came ELIZABETH B. KUETHE, Grantor and Trustee in the foregoing Trust Agreement, and acknowledged the signing hereof to be her voluntary act and deed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my notarial seal on the day and year last aforesaid. This Instrument Prepared By: Notarial Seal Joar.n E. Tritt Notary Pubiic N8W\.-JilB Boro, Cumberland Count! M'I Cxnmission Expires Aug. 3, ,20C:? James R. Marlow, Esq. MARLOW & GAY CO., L.PA 600 Vine Street, Suite 18! 0 Cincinnati, Ohio 45202-2429 (513) 287-6901 ;\brn~-'0( P8nnsy~v8r:la .~s8cc;ation of (\1ctDi'JRS JRM/hat pians\ebklrusl - 20 -