HomeMy WebLinkAbout11-08-05
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RF' j[\lED
NOV u L LJU:J
BY: Q
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS ' COURT DIVISION
IN RE: IRREVOCABLE
AGREEMENT OF TRUST OF
TIFF ANY CLOUSE, HEATHER KUTZ
AND VALLERY CLOUSE, formerly
VALLERY AULENBACHER
NO. '"L.. t ~ (J r - c' c, (,- /
DECREE
AND NOW, this ~~ day of
Nove. V\-t b ('I
,2005, upon
consideration of the Petition for Appointment of Successor Co-Trustees, the resignation of
J. Edward Clouse under the Irrevocable Agreement of Trust dated June 14,2005 but effective
August 1, 1993, is confirmed and J. Edward Clouse, as Trustee, is discharged from the office of
Trustee.
And further, Heather Kutz and Vallery Clouse are appointed as successor Co-Trustees
effective immediately.
By the Court,
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IN RE: IRREVOCABLE
AGREEMENT OF TRUST OF
TIFF ANY CLOUSE, HEATHER KUTZ
AND VALLERY CLOUSE, formerly
VALLERY AULENBACHER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS ' COURT DIVISION
.::) I 'Ie
NO. c.A -CJ OqG I
DECREE
AND NOW, this
day of
, 2005, upon
consideration of the Petition for Appointment of Successor Co-Trustees, the resignation of
J. Edward Clouse under the Irrevocable Agreement of Trust dated June 14,2005 but effective
August 1,1993, is confirmed and J. Edward Clouse, as Trustee, is discharged from the office of
Trustee.
And further, Heather Kutz and Vallery Clouse are appointed as successor Co-Trustees
effective immediately.
By the Court,
1.
IN RE: IRREVOCABLE
AGREEMENT OF TRUST OF
TIFF ANY CLOUSE, HEATHER KUTZ
AND VALLERY CLOUSE, formerly
VALLERY AULENBACHER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS ' COURT DIVISION
NO. c;;;2/ - 0 5 -. oq Lo I
PETITION FOR APPOINTMENT
OF SUCCESSOR CO-TRUSTEES
r"",~"}
TO THE HONORABLE, THE JUDGES OF SAID COURT:
'.:-)
C)
---1
C,)
We, Tiffany Clouse, Heather Kutz and Vallery Clouse, formerly Vallery Aulent>ache"f,
-TJ
Settlors of the Irrevocable Agreement of Trust dated June 14,2005 but effective as QfAugliSf 1,
, (,~--'
-,
1993, do hereby petition the court as follows: en
co
WHEREAS, the undersigned established an irrevocable trust as of August 1, 1993; and
WHEREAS, said Trust was not memorialized until June 14, 2005 from the August 1,
1993 date; and
WHEREAS, Settlors' father, J. Edward Clouse, was designated as Trustee of said Trust;
and
WHEREAS, on August 9, 2005, J. Edward Clouse resigned as Trustee of said Trust.
NOW THEREFORE, Settlors aver as to the following facts and petition the court as
follows:
1. Petitioner, Tiffany Clouse, is 41 years old and resides with her mother,
Calene Clouse, at 4 East Linden Drive, Carlisle, P A 17013. Tiffany Clouse is disabled and
unable to attend to her personal and financial affairs. Her parents serve as her legal guardian.
2. Petitioner, Heather Kutz, is an adult child, being 38 years old and residing at
2215 Ritner Highway and is employed as the Operations Manager for Clouse Trucking, Inc.,
2075 Ritner Highway, Carlisle, Cumberland County, Pennsylvania.
3. Petitioner, Vallery Clouse, is an adult child, being 35 years old and residing at
1104 Chelmsford Drive, Mechanicsburg, P A 17050 and is employed as a realtor with ReMax
Realty Associates, Camp Hill, Cumberland County, Pennsylvania.
4. Heather Kutz and Vallery Clouse have been taking care of financial affairs and
are competent to handle the business affairs of said Trust comprised of a farm located in Monroe
Township, Cumberland County, Pennsylvania, said farm having an approximate value of
$750,000.00 and being presently rented at One Thousand Two Hundred Forty Dollars ($1,240)
per month.
5. Your Honorable Court has jurisdiction with respect to this Petition by reason of
Section 711(3) of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S.A. ~711(3) relating to
inter vivos trusts. The venue is in the Orphans' Court Division of Cumberland County under
Section 722 of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S.A. ~722 by reason of the
situs ofthe Trust being in Cumberland County under Section 724(b)(1) ofthe Probate, Estates
and Fiduciaries Code, 20 Pa.C.S.A. ~724(b)(I).
6. The Irrevocable Agreement of Trust makes no provision for the appointment of a
successor Trustee. A true and correct copy of the Agreement is attached hereto as Exhibit A.
7. The resignation of J. Edward Clouse is effective on the date of appointment ofa
successor Trustee. A true and correct copy of the resignation letter is attached hereto as
Exhibit B.
8. Section 7104 of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S.A. ~7104,
requires court approval of the resignation since there is no co-trustee.
9. Section 7101 of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S.A. ~7101,
authorizes the court to appoint a successor trustee.
10. The Petitioners herein are also the Settlors of the Trust and are also the sole
beneficiaries of the Trust during their lifetimes.
11. Petitioners, Heather Kutz and Vallery Clouse, are given the right to withdraw one-
half (Yz) of their interest at age 40 and the balance at age 45.
12. Petitioner, Tiffany Clouse, has no similar right of withdrawal and at her death, her
interest passes to the other Petitioners herein.
13. Petitioners, Tiffany Clouse, Heather Kutz and Vallery Clouse, consent to the
appointment of Heather Kutz and Vallery Clouse as successor Co-Trustees. The Consents are
attached hereto as Exhibits C, D and E.
2
14. J. Edward Clouse, resigning Trustee, consents to the appointment of Heather Kutz
and Vallery Clouse as successor Co-Trustees. His Consent is attached hereto as Exhibit F.
15. Article Twelfth of the trust agreement waives the requirement of posting bond or
other security.
WHEREFORE, Petitioners pray your Honorable Court to accept the resignation of
J. Edward Clouse and to appoint the said Heather Kutz and Vallery Clouse as successor
Co-trustees.
Date:
I'L" /:;--r It) ~ -~
I
-l i ff LA ~X42 .
TIFF ANY CLOUSE v C- LOU 5' t--
Date:
It' /2- i !o r/'
, /
~~
HEATHER KUTZ .
Date:
lof, ~ r~
I I
-YLL~ et-
VALLERY CLOUSE, formerly
VALLERY AULENBACHER
Date:
l()hi/tJ~/
( /
(P ~
. EDWARD CLOUSE, Guardian of the
person and property of Tiffany Clouse
3
VERIFICATION
I, TIFF ANY CLOUSE, have read the foregoing document and verify that the facts set
forth herein are true and correct to the best of my knowledge, information and belief. To the
extent that the foregoing document and/or its language is that of counsel, I have relied upon
counsel in making this Verification.
I understand that any false statements made herein are subject to the penalties of 18 Pa.
C.S.A. S4904 relating to unsworn falsification to authorities.
Date:
/c- 2;_..:'~
r ; ff d- b f C"'L () oS ~
TIFF ANY CLOUSE
Date:
(0- L/ - C\'/
/I'?
/ I' . I
. EDWARD CLOUSE, Guardian of the
person and property of Tiffany Clouse
/
4
VERIFICATION
I, HEATHER KUTZ, have read the foregoing document and verify that the facts set forth
herein are true and correct to the best of my knowledge, information and belief. To the extent
that the foregoing document and/or its language is that of counsel, I have relied upon counsel in
making this Verification.
I understand that any false statements made herein are subject to the penalties of 18 Pa.
C.S.A. ~4904 relating to unsworn falsification to authorities.
Date:
/
l() ~ '2 i r or
~(1~~
H ATHER KUTZ /
5
VERIFICATION
I, VALLERY CLOUSE, have read the foregoing document and verify that the facts set
forth herein are true and correct to the best of my knowledge, information and belief. To the
extent that the foregoing document and/or its language is that of counsel, I have relied upon
counsel in making this Verification.
I understand that any false statements made herein are subject to the penalties of 18 Pa.
C.S.A. ~4904 relating to unsworn falsification to authorities.
Date:
,0,- '"">-1- c:lj---
11qJ1 ~ L
V ALLEk Y CLOUSE, formerly
VALLERY AULENBACHER
6
IN RE: IRREVOCABLE
AGREEMENT OF TRUST OF
TIFF ANY CLOUSE, HEATHER KUTZ
AND VALLERY CLOUSE, formerly
VALLERY AULENBACHER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
ORPHANS ' COURT DIVISION
NO.
CONSENT TO APPOINTMENT OF SUCCESSOR CO-TRUSTEES
I, VALLERY CLOUSE, being a Settlor and beneficiary of the Irrevocable Agreement of
Trust effective August 1, 1993 but memorialized on June 14, 2005, hereby consent to the
appointment of Heather Kutz and Vallery Clouse, as successor Co-Trustees.
Date: !O-';'-I-O..-
1uJ~~
VALLE YOUSE
#
. .
IN RE: IRREVOCABLE
AGREEMENT OF TRUST OF
TIFF ANY CLOUSE, HEATHER KUTZ
AND VALLERY CLOUSE, formerly
VALLERY AULENBACHER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO.
CONSENT OF RESIGNING TRUSTEE TO
APPOINTMENT OF SUCCESSOR CO-TRUSTEES
I, J. EDWARD CLOUSE, being the resigning Trustee of the Irrevocable Agreement of
Trust effective August 1, 1993 but memorialized on June 14,2005, hereby consent to the
appointment of Heather Kutz and Vallery Clouse as successor Co-Trustees.
Date: !C-.)../--<>J-
It!jj)J1J~t (!/ MJ
~. EDWARD CLOUSE
429753vl
IRREVOCABLE AGREEMENT OF TRUST OF
TIFFANY CLOUSE, HEATHER KUTZ AND VALLERY AULENBACHER
THIS AGREEMENT OF TRUST was verbally made the 1st day of August, 1993,
but reduced to writing and executed on June 14,2005, by and between TIFFANY CLOUSE,
HEATHER KUTZ, and VALLERY AULENBACHER, as "Settlor" (herein referred to as
"Settlor") and J. EDWARD CLOUSE, of Carlisle, Cumberland County, Pennsylvania, as
"Trustee" .
WIT N E SSE T H:
FIRST: Settlor agrees to assign the ownership to and to designate
Trustee as beneficiary of the assets described in Schedule" A" attached hereto, and any other
assets so contributed by Settlor.
SECOND: Trustee shall collect the proceeds of any insurance policies
upon maturity and hold them, together with any other property heretofore and/or hereafter added
to this Trust (such proceeds and other property being herein referred to as "principal"), IN
TRUST, as follows:
(a) Trustee shall divide the principal into three equal shares. Thereafter:
(i) The net income from one share shall be paid to each
Settlor for life, provided however, that Settlor HEATHER KUTZ
and Settlor VALLERY AULENBACHER shall each have the right
to withdraw one-half (112) of her share of the principal and
accumulated income when she shall attain the age of forty (40)
years; and the remaining balance of her share of the principal and
accumulated income when she shall attain the age of forty-five
(45) years. Settlor HEATHER KUTZ and V ALLER Y
AULENBACHER's rights of withdrawal may be exercised from
time to time in whole or in part and the said rights of withdrawal
shall be cumulative. Settlor TIFFANY CLOUSE shall have no
right of withdrawal.
(ii) Upon the death of each Settlor, the share of
principal from which she received income shall be distributed to
their issue, per stirpes, or in the event of failure of issue, to be
added to remaining Settlors' shares, to be held in trust for
remaining Settlors as part of the share from which she receives
income, or distributed to their issue, per stirpes, as the case may be.
(iii) Upon the death of the fmal surviving Settlor, the
Trust shall terminate, and the remaining undistributed principal
and accumulated income, to the extent not distributed pursuant to
Item SECOND (a) (ii), shall be divided equally into two (2) shares
and one (1) share shall be distributed to Heather Kutz' intestate
heirs, per stirpes, and the other share shall be distributed to Vallery
Aulenbacher's intestate heirs, per stirpes.
THIRD: No interest of any beneficiary hereunder shall be subject to
anticipation or voluntary or involuntary alienation, and the personal receipt of such beneficiary
shall be the sufficient and only discharge of Trustee, unless otherwise provided herein.
FOURTH: Trustee may use any principal held hereunder for the
benefit of Settlors as Trustee deems necessary:
(a) To meet the expenses of any accident, illness or disability befalling any of
them;
(b) For maintenance, support and education (including college and graduate
school); and
2
(c) To pay funeral expenses including the cost ofa grave marker and
perpetual care of the grave.
FIFTH: Trustee shall retain any income or principal payable to a
minor and use the same for the minor's maintenance and education, either directly or by payment
to any person selected to disburse it whose receipt shall be a complete acquittance therefor. All
unexpended income and principal shall be paid to the minor at majority, "majority" being defined
as age twenty-one (21).
SIXTH: During Settlors' lifetimes, the Trustee shall, within seven
(7) days from the receipt of any and all property, notify each of the income beneficiaries of the
details of such property received, whereupon each of the said beneficiaries shall have the
unrestricted non-cumulative right for a period of thirty (30) days from the date of notification, to
demand and immediately receive an equal share (determined by the number of income
beneficiaries) of the amount of such contributed property, but in no event shall the said income
beneficiary's non-cumulative withdrawal right under this paragraph exceed FIVE THOUSAND
($5,000.00) DOLLARS or five (5%) percent of the principal, whichever is greater, in anyone
year. Should the said income beneficiaries of the trust be minors or otherwise incompetent, this
provision shall be interpreted to allow a guardian of such minor or incompetent to be appointed
to exercise this right in the minor or incompetent's behalf.
The named beneficiaries having the non-cumulative right of withdrawal under this
paragraph are:
(a) TIFFANY CLOUSE;
(b) HEATHER KUTZ; and
(c) VALLERY AULENBACHER.
SEVENTH: In addition to powers given them by law, Trustee and
Trustee's successors shall have the following discretionary powers applicable to all real and
3
personal property held by them including property held for minors, effective without court order
and until actual distribution:
(a) To retain any property received by Trustee including the stock of any
Corporate Trustee, provided such property remains productive;
(b) To invest in all forms of property without restriction to investments
authorized for Trustee, so long as such investments are productive;
(c) To permit the proceeds of any policy to remain with the issuing insurance
company for the benefit of any income beneficiary;
(d) To join in any incorporation, partnership, recapitalization, merger,
reorganization or voting trust plan; to delegate authority with respect thereto; to deposit
investments under agreements and pay assessments; and generally to exercise all rights of
investors;
(e) To hold investments in the name of a nominee;
(f) To compromise controversies;
(g) To exchange or sell for cash, property or credit publicly or privately, or to
lease, even for a term exceeding five (5) years or the duration of the trusts hereunder, without
liability on the purchasers or lessees to see to application of the consideration, and to give
options for these purposes without obligation to repudiate them in favor of a higher offer;
(h) To allocate items of receipt or disbursement between principal or income
as they deem equitable regardless of the character given such items by law;
(i) To distribute in cash or kind or partly in each;
(j) To borrow money, including the right to borrow from any corporate
Trustee, and to mortgage or pledge as security;
4
(k) To loan and buy property from Settlor's estate or the estate of Settlor's
spouse even if Trustee is also acting as executor or administrator thereof;
(1) To apply income or principal to which any beneficiary is entitled directly
for his or her comfort, maintenance and support should Trustee deem such beneficiary incapable
of receiving the same by reason of age, illness or any infirmity or incapacity, or to pay the same
to such person as Trustee selects to disburse it, whose receipt shall be a complete acquittance
therefor, without the intervention of any guardian;
(m) To assume continuance of the status of any beneficiary with reference to
marriage, divorce, illness, incapacity or other change in the absence of information deemed
reliable without liability for disbursements made on such assumption;
(n) It shall not be necessary to segregate investments as belonging to a
particular share hereunder and all interests may be held in undivided form in a single fund from
which proportionate distributions are made based on current reappraisals;
(0) To undertake any and all acts in its judgment deemed necessary or
desirable for the proper and advantageous management of the Trust; and
(P) To merge trust accounts established in this Trust instrument with trust
accounts established by Settlor's spouse's will and/or Trust instruments, when the terms of the
same are identical.
EIGHTH: No Trustee who is a beneficiary of any trust hereunder shall
participate in the exercise of any discretionary power to use or allocate the principal or income
thereof for the benefit of any person or to allocate any item of charge or credit between principal
and income of such trust.
NINTH: Settlors may add to the principal of this trust by deed, will
or otherwise. With the approval of Trustee, other persons may make similar additions.
5
TENTH:
Settlors may not amend or revoke this Agreement of Trust.
ELEVENTH: The situs of this Trust for all purposes shall be the
Commonwealth of Pennsylvania and its construction and validity shall be governed by
Pennsylvania law.
TWELFTH: Settlor's Trustee shall be compensated in accordance with
the compensation schedules from time to time established by banking institutions in the Carlisle,
Pennsylvania area. No Trustee acting hereunder shall be compelled to post bond or enter
security.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the
day and year first above written.
Witness
T"i~U~ CLh YCL ~I0
TIFF ANY CLOUSE, Settlor
tLC. '1, L~
Witness
~,.-it.., ~~ (SEAL)
HEATHER KUTZ, Se 0
'1&f/:;, #JJ.-. all'- 0fIdl, a ~)
VALEERY AULENBACHER, Settlor
Witness
Witness
~A/d~~bA;;;) (SEAL)
~fJ. EDWARD CLOUSE, Trustee
Witness
(SEAL)
. EDWARD CLOUSE, Guardian of the
person and property of Tiffany Clouse
6
SCHEDULE "A"
1. All that certain tract of farm land with the improvements thereon erected situate in
the Township of Monroe, Cumberland County, Pennsylvania, as more fully set
forth in Deed from Farmers Trust Company, Guardian of the Estate of Cora B.
Shughart to 1. Edward Clouse, Trustee of the Irrevocable Agreement of Trust of
Tiffany Clouse, Heather Kutz and Vallery Aulenbacher dated August 1, 1993,
which Deed is dated August 24, 1993 and recorded in the Office of the Recorder
of Deeds in and for Cumberland County, Pennsylvania in Deed Book "M",
Volume 36, Page 240 et seq.
7
COMMONWEAL TH OF PENNSYL VANIA
SS.:
COUNTY OF DAUPHIN
On the 14th day of June, 2005, before me, the undersigned officer, a Notary Public
in and for said Commonwealth and County, personally appeared the above-named
TIFFANY CLOUSE, and in due form of law acknowledged the foregoing Agreement to be her
act and deed and desired the same might be recorded as such.
WIlNESS my hand and notarial seal the day and year aforesaid.
~~v~
No Public
(SEAL)
COMMONWEALTH Of PENNSYLVANIA
Notarial Seal
Joan E. Brothers, Notary Public
Susquehm:ml! Twp.,. Dauphin County
My CommISSion Expires Feb. 12, 2006
Member, Pennsylvania Association of Notaries
COMMONWEALTH OF PENNSYL VANIA
SS.:
COUNTY OF DAUPHIN
On the 14th day of June, 2005, before me, the undersigned officer, a Notary Public in and
for said Commonwealth and County, personally appeared the above-named HEATHER KUTZ,
and in due form of law acknowledged the foregoing Agreement to be her act and deed and
desired the same might be recorded as such.
WIlNES S my hand and notarial seal the day and year aforesaid.
~~~
N ary Pubhc
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Joan E. Brothers. Notary Public
Susquehanna T~p.. Dauphin County
My Commission Expires Feb. 12. 2006
Member, Pennsylvania Association of Notaries
8
COMMONWEALTH OF PENNSYLVANIA
SS.:
COUNTY OF DAUPHIN
On the 14th day of June, 2005, before me, the undersigned officer, a Notary Public
in and for said Commonwealth and County, personally appeared the above-named
VALLERY AULENBACHER, and in due form of law acknowledged the foregoing Agreement
to be her act and deed and desired the same might be recorded as such.
WITNESS my hand and notarial seal the day and year aforesaid.
~ 1-.~
N Pubhc
(SEAL)
.QOMMONWEALTH
, OF PENNSYLVANIA
Joan E B Notarial Seal
SUSguehanna rr,thers, Notary Public
j My COnunis' wp., . Dauphin County
-- Slon Expires Feb. 12, 2006
Member Peons I .
, y vama AsSOciation of N
otar/es
COMMONWEALTH OF PENNSYL VANIA
SS.:
COUNTY OF DAUPHIN
On the 14th day of June, 2005, before me, the undersigned officer, a Notary Public
in and for said Commonwealth and County, personally appeared the above-named
J. EDWARD CLOUSE, and in due form oflaw acknowledged the foregoing Agreement to be
his act and deed and desired the same might be recorded as such.
WITNESS my hand and notarial seal the day and year aforesaid.
~~~.~
No Public
(SEAL)
COMMONWEALTH OF PENN .
, SYLVANIA
Joan E Notarial Seal
SusguehaDn~Tthers. Notary PUblic
My Conun' . wp., . Dauphin County
ISSlon Expires Feb. 12, 2006
Member Pe I .
. . .nnsy vema ASSOCiation of Notaries
9
COMMONWEALTH OF PENNSYL VANIA
SS.:
COUNTY OF DAUPHIN
On the 14th day of June, 2005, before me, the undersigned officer, a Notary Public
in and for said Commonwealth and County, personally appeared the above-named
J. EDWARD CLOUSE, and in due form oflaw acknowledged the foregoing Agreement to be
his act and deed in the capacity therein stated and desired the same might be recorded as such.
WITNESS my hand and notarial seal the day and year aforesaid.
~ '1.~
N PublIc
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Joan E. Brothers, Notary Public
Susguehanna Twp.. Dauphin County
My Commission Expires Feb. 12, 2006
Member, Pennsylvania Association of Notaries
426037vl
10
RESIGNATION OF TRUSTEE
OF THE
IRREVOCABLE AGREEMENT OF TRUST OF
TIFFANY CLOUSE, HEATHER KUTZ AND VALLERY AULENBACHER
I, J. EDWARD CLOUSE, of Carlisle, Cumberland County, Pennsylvania, Trustee under
the Irrevocable Agreement of Trust of Tiffany Clouse, Heather Kutz and Vallery Aulenbacher,
dated June 14, 2005 but effective as of August 1, 1993, do hereby resign as Trustee of said Trust.
This resignation shall be effective upon the appointment of a successor trustee or trustees by the
Court of Common Pleas of Cumberland County, Pennsylvania.
~t~
Date:
8~g-bS
429749vl
IN RE: IRREVOCABLE
AGREEMENT OF TRUST OF
TIFF ANY CLOUSE, HEATHER KUTZ
AND VALLERY CLOUSE, formerly
VALLERY AULENBACHER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
ORPHANS ' COURT DIVISION
NO.
CONSENT TO APPOINTMENT OF SUCCESSOR CO-TRUSTEES
I, TIFFANY CLOUSE, being a Settlor and beneficiary of the Irrevocable Agreement of
Trust effective August 1, 1993 but memorialized on June 14,2005, hereby consent to the
appointment of Heather Kutz and Vallery Clouse, as successor Co-Trustees.
Date: la-~(/Qr
;- iff ~ ~ teL orJ$ t.-
TIFF ANY CLOU E I
Date: 10 -.r 1--0.('
1-
. EDWARD CLOUSE, Guardian of the
person and property of Tiffany Clouse
IN RE: IRREVOCABLE
AGREEMENT OF TRUST OF
TIFF ANY CLOUSE, HEATHER KUTZ
AND VALLERY CLOUSE, formerly
VALLERY AULENBACHER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
ORPHANS' COURT DIVISION
NO.
CONSENT TO APPOINTMENT OF SUCCESSOR CO-TRUSTEES
I, HEATHER KUTZ, being a Settlor and beneficiary of the Irrevocable Agreement of
Trust effective August 1, 1993 but memorialized on June 14, 2005, hereby consent to the
appointment of Heather Kutz and Vallery Clouse, as successor Co-Trustees.
Date: 10 --,).. (A)~-
~~. :K~
HE THER KUTZ