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HomeMy WebLinkAbout11-08-05 1)/ 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, 0.1 v(J~ r ,......., . C"..-.! ~ ~'\)."'l\''<. '\l\~ \J~~~ \\ - ~ -I\J S -'t~ ::s . ~ ~ ~"'~~ ~\~'" ~~ '" 'So ~ ~ \\ ~'1',\ \:'\ ~~\ '\ ~ ~\ ,\;,~'\)..~'\ ~\~~~ ""s \\~~~\.~'( \(\J\-( '< ~~'\ --s. . \~,,~\~'\ \~~ I J. \(~\( ~ '\'o,'J ~""~~ ~'~i'\\~\ \a~ ~ ~ ('r\ ~."\ ",,,,,\,,,,,, , ~\I~.l(\S j ~"~~\~Q ~ .. 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