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Home My WebLink About02-03-06 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ORPHANS' COURT DIVISION NO.~ FIRST AND FINAL ACCOUNT of COMMUNITY TRUST COMPANY, TRUSTEE for THE JOHN J. FARRELL CHARITABLE REMAINDER UNITRUST Dated May 10, 1995 DATE OF TRUSTEE'S APPOINTMENT: May 10,1995 ORIGINAL FUNDING OF TRUST: June 1, 1995 ACCOUNTING FOR THE PERIOD: June 1, 1995 to December 31, 2005 Purpose of Account: Community Trust Company, Trustee, offers this Account for the purpose of seeking approval by the Court of prior transactions, expenses, distributions and disbursements. Important Notice: It is important that the Account be carefully examined. Requests for additional information, or questions, or objections0 be discussed with or presented to the undersigned. / ) 1"~ f L well R. Gates, Esquire up. Court ID #46779 ATES, HALBRUNER & HATCH, P.C. 1013 Mumma Road, Suite 100 Lemoyne, P A 17043 Phone: (717) 731-9600 Fax: (717) 731-9627 Dated: February -3 ,2006 THE JOHN J. FARRELL CHARITABLE REMAINDER UNITRUST FIRST AND FINAL ACCOUNT Covering the Period 06/01/1995 through 12/31/2005 SUMMARY OF ACCOUNT for Period June 1, 1995 - December 31, 2005 INCOME PAGE I. Beginning Balance - Income Cash $ 0.00 Insurance Annuity Payments 2-3 33,975.00 Asset Sales and Transfers 3-8 24,768.44 Dividends Received 9-10 7,149.95 Interest Received 10-11 131.98 Transfers to Income from Principal 11 387.86 TOTAL INCOME Cf\.SH RECEIPTS 66,413.23 Asset Purchases and Transfers 11-17 -24,768.44 Fees Paid - General 17-19 -37,430.74 Income Distributions 19 293.00 TOTAL INCOME CASH DISBURSEMENTS -62,492.18 ENDING BALANCE - INCOME CASH $ 3,921.05 ---------- ---------- II . Beginning Balance - Principal Cash $ 0.00 Contribution Received 21 125.00 Asset Sales and Transfers 21-23 261,335.88 Miscellaneous Receipts 23 1,900.00 263,360.88 TOTAL PRINCIPAL CASH RECEIPTS Asset Purchases and Transfers 24 -175,835.88 Fees 24-25 3,044.58 Transfers from Principal to Income 25 387.86 Miscellaneous Disbursements 25 - 84,014.00 TOTAL PRINCIPAL CASH DISBURSEMENTS -263,282.32 ENDING BALANCE - PRINCIPAL CASH $ 78.56 ----------- ----------- III. Beginning Balance - Assets at Book Value $ 240,000.00 Assets Purchased Assets Contributed TOTAL ASSET INCREASES 200,604.32 324,000.00 524,604.32 Assets Sold Book Value Adjustments TOTAL ASSET DECREASES -271,104.32 -425,406.92 -696,511.24 ENDING BALANCE - ASSETS $ 68,093.08 REPORT OF ASSETS COMMUNITY TRUST COMPANY, TRUSTEE OF THE JOHN J. FARRELL CHARITABLE REMAINDER UNITRUST, DTD: 05/10/95 ACCOUNT 2130100 AS OF 12/31/2005 PAGE 1 Units Market Value Price 12/31/2005 Book Value STOCKS CLOSELY HELD STOCKS 1. BLACKLlGHT POWER INC (FORMERL Y HYDROCATAL YSIS POWER CORPORATION) TOTAL STOCKS 263 2,000.0000 526,000.00 0.00 526,000.00 0.00 MISCELLANEOUS OTHER INVESTMENTS 2. LINCOLN BENEFIT LIFE VAR ANNUITY 06/99 ANNUITY #LBLA731361 TOTAL MISCELLANEOUS 55,221.6500 55,221.65 68,093.08 55,221.65 68,093.08 581,221.65 68,093.08 3,921.05 3,921.05 78.56 78.56 585,221.26 72,092.69 TOTAL INVESTMENTS *INCOME CASH ON HAND *PRINCIPAL CASH ON HAND TOTAL ASSETS TOTAL CASH: 3,999.61 * Income and principal cash are held in FEDERATED GOVT OBLIGATIONS FD #395 Interest rate as of 12/31/05 is 3.86327 percent. REPORT OF INCOME CASH COMMUNITY TRUST COMPANY, TRUSTEE OF THE JOHN J. FARRELL CHARITABLE REMAINDER UNITRUST, DTD: 05/10/95 ACCOUNT 2130100 FOR DATES 06/01/1995 TO 12/31/2005 BEGINNING BALANCE --------------- INCOME CASH RECEIPTS --------------- 1. INSURANCE ANNUITY PAYMENTS Withdrawal from Annuity LINCOLN BENEFIT LIFE VAR ANNUITY 06/99 ANNUITY #LBLA731361 09/14/1999 10/19/1999 11/30/1999 12/14/1999 01/25/2000 02/14/2000 03/14/2000 04/25/2000 05/19/2000 06/23/2000 07/14/2000 08/14/2000 09/14/2000 10/16/2000 11/21/2000 12/14/2000 01/16/2001 02/14/2001 03/14/2001 04/17/2001 05/15/2001 06/18/2001 07/16/2001 08/14/2001 09/18/2001 10/22/2001 11/14/2001 12/26/2001 01/14/2002 02/14/2002 03/14/2002 04/15/2002 05/14/2002 06/24/2002 07/15/2002 08/14/2002 09/16/2002 10/14/2002 11/14/2002 12/16/2002 01/14/2003 02/14/2003 03/14/2003 PAGE 2 0.00 1,125.00 375.00 375.00 375.00 375.00 375.00 375.00 375.00 375.00 375.00 475.00 475.00 475.00 475.00 475.00 475.00 475.00 475.00 475.00 475.00 475.00 475.00 475.00 475.00 475.00 475.00 475.00 475.00 475.00 475.00 475.00 475.00 475.00 475.00 475.00 475.00 475.00 475.00 475.00 475.00 475.00 475.00 475.00 REPORT OF INCOME CASH COMMUNITY TRUST COMPANY, TRUSTEE OF THE JOHN J. FARRELL CHARITABLE REMAINDER UNITRUST, DTD: 05/10/95 ACCOUNT 2130100 FOR DATES 06/01/1995 TO 12/31/2005 04/14/2003 05/14/2003 06/16/2003 07/14/2003 08/21/2003 09/15/2003 12/15/2003 01/14/2004 12/28/2004 11/10/2005 Total Withdrawal from Annuity TOTAL INSURANCE ANNUITY PAYMENTS 2. ASSET SALES AND TRANSFERS Sale of an Income Asset FEDERATED GOVT OBLIGATIONS FD #395 04/07/2004 Sold 835.1 units at 1.00 Purchased 03/24/2004 No gain or loss TO INITIATE CASH SWEEP COMMERCE BANK 10/10/1997 Sold 361.74 units at 1.00 Purchased 08/31/1997 No gain or loss 11/12/1997 Sold 361.7 units at 1.00 Purchased 10/07/1997 No gain or loss 12/10/1997 Sold 361.7 units at 1.00 Purchased 11/07/1997 No gain or loss 01/13/1998 Soid 361.7 units at 1.00 Purchased on multiple dates No gain or loss 02/11/1998 Sold 361.7 units at 1.00 Purchased on multiple dates No gain or loss 03/11/1998 Sold 361.7 units at 1.00 Purchased on multiple dates No gain or loss PAGE 3 475.00 475.00 475.00 475.00 475.00 475.00 475.00 475.00 5,000.00 5,000.00 33,975.00 33,975.00 835.10 361 .74 361.70 361.70 361.70 361.70 361 .70 REPORT OF INCOME CASH COMMUNITY TRUST COMPANY, TRUSTEE OF THE JOHN J. FARRELL CHARITABLE REMAINDER UNITRUST, DTD: 05/10/95 ACCOUNT 2130100 FOR DATES 06/01/1995 TO 12/31/2005 03/30/1998 Sold 27.62 units at 1 .00 Purchased 03/06/1998 No gain or loss 04/10/1998 Sold 97.74 units at 1.00 Purchased 04/07/1998 No gain or loss 06/08/1998 Sold 361.48 units at 1.00 Purchased 05/08/1998 No gain or loss 07/08/1998 Sold 361.48 units at 1.00 Purchased 06/08/1998 No gain or loss 09/17/1998 Sold 361 .4 7 units at 1 .00 Purchased 07/08/1998 No gain or loss 10/13/1998 Sold 361.47 units at 1.00 Purchased 08/07/1998 No gain or loss 11/10/1998 Sold 361.46 units at 1.00 Purchased 08/07/1998 No gain or loss 12/04/1998 Sold 361.43 units at 1.00 Purchased 08/07/1998 No gain or loss 12/31/1998 Sold 322.93 units at 1.00 Purchased 09/09/1998 No gain or loss 01/29/1999 Sold 37.61 units at 1.00 Purchased 01/12/1999 No gain or loss 02/18/1999 Sold 361.36 units at 1.00 Purchased 01/12/1999 No gain or loss 03/15/1999 Sold 361.33 units at 1.00 Purchased 01/12/1999 No gain or loss 04/12/1999 Sold 361.27 units at 1.00 Purchased 01/12/1999 No gain or loss 27.62 97.74 361.48 361.48 361 .4 7 361.47 361.46 361 .43 322.93 37.61 361.36 361.33 361.27 PAGE 4 REPORT OF INCOME CASH COMMUNITY TRUST COMPANY, TRUSTEE OF THE JOHN J. FARRELL CHARITABLE REMAINDER UNITRUST, DTD: 05/10/95 ACCOUNT 2130100 FOR DATES 06/01/1995 TO 12/31/2005 05/14/1999 Sold 361.23 units at 1.00 Purchased 01/12/1999 No gain or loss 06/22/1999 Sold 311.96 units at 1.00 Purchased 01/12/1999 No gain or loss 07/12/1999 Sold 49.23 units at 1.00 Purchased 06/30/1999 No gain or loss 07/19/1999 Sold 29.89 units at 1.00 Purchased 06/30/1999 No gain or loss 10/01/1999 Sold 443.91 units at 1.00 Purchased 07/31/1999 No gain or loss 11/09/1999 Sold 442.01 units at 1.00 Purchased 09/21/1999 No gain or loss 12/10/1999 Sold 442.18 units at 1.00 Purchased 10/19/1999 No gain or loss 12/31/1999 Sold 481.29 units at 1.00 Purchased 11/30/1999 No gain or loss 02/23/2000 Sold 459.01 units at 1.00 Purchased 01/25/2000 No gain or loss 03/21/2000 Sold 291.64 units at 1.00 Purchased 02/22/2000 No gain or loss 05/09/2000 Sold 461.54 units at 1.00 Purchased 03/21/2000 No gain or loss OS/22/2000 Sold 88.82 units at 1.00 Purchased 04/25/2000 No gain or loss 06/23/2000 Sold 31.76 units at 1.00 Purchased 04/25/2000 No gain or loss 361.23 311.96 49.23 29.89 443.91 442.01 442.18 481.29 459.01 291.64 461.54 88.82 31.76 PAGE 5 REPORT OF INCOME CASH COMMUNITY TRUST COMPANY, TRUSTEE OF THE JOHN J. FARRELL CHARITABLE REMAINDER UNITRUST, DTD: 05/10/95 ACCOUNT 2130100 FOR DATES 06/01/1995 TO 12/31/2005 11/22/2000 Sold 452.37 units at 1.00 Purchased 06/30/2000 No gain or loss 12/26/2000 Sold 450.18 units at 1.00 Purchased 11/21/2000 No gain or loss 07/25/2001 Sold 437.96 units at 1.00 Purchased 12/22/2000 No gain or loss 10/11/2001 Sold 426.78 units at 1.00 Purchased 07/23/2001 No gain or loss 11/13/2001 Sold 429.28 units at 1.00 Purchased 09/25/2001 No gain or loss 12/14/2001 Sold 431.38 units at 1.00 Purchased 10/23/2001 No gain or loss 01/22/2002 Sold 450.92 units at 1.00 Purchased 11/27/2001 No gain or loss 02/21/2002 Sold 452.26 units at 1.00 Purchased 12/27/2001 No gain or loss 03/15/2002 Sold 452.28 units at 1.00 Purchased 01/23/2002 No gain or loss 04/11/2002 Sold 452.3 units at 1.00 Purchased 02/20/2002 No gain or loss 05/06/2002 Sold 140 units at 1.00 Purchased 03/19/2002 No gain or loss 05/15/2002 Sold 449.61 units at 1.00 Purchased 03/19/2002 No gain or loss 06/18/2002 Sold 449.51 units at 1.00 Purchased 04/23/2002 No gain or loss 452.37 450.18 437.96 426.78 429.28 431.38 450.92 452.26 452.28 452.30 140.00 449.61 449.51 PAGE 6 REPORT OF INCOME CASH COMMUNITY TRUST COMPANY, TRUSTEE OF THE JOHN J. FARRELL CHARITABLE REMAINDER UNITRUST, DTD: 05/10/95 ACCOUNT 2130100 FOR DATES 06/01/1995 TO 12/31/2005 07/22/2002 Sold 442.01 units at 1.00 Purchased OS/21/2002 No gain or loss 09/05/2002 Sold 450 units at 1.00 Purchased 06/24/2002 No gain or loss 09/11/2002 Sold 450 units at 1.00 Purchased 07/23/2002 No gain or loss 10/15/2002 Sold 450 units at 1.00 Purchased 08/20/2002 No gain or loss 11/13/2002 Sold 450 units at 1.00 Purchased 09/24/2002 No gain or loss 12/16/2002 Sold 450 units at 1.00 Purchased 10/21/2002 No gain or loss 01/15/2003 Sold 450 units at 1.00 Purchased 11/21/2002 No gain or loss 02/14/2003 Sold 450 units at 1.00 Purchased 12/23/2002 No gain or loss 03/13/2003 Sold 450 units at 1.00 Purchased 01/21/2003 No gain or loss 04/11/2003 Sold 450 units at 1.00 Purchased 02/24/2003 No gain or loss 04/30/2003 Sold 350 units at 1.00 Purchased 03/24/2003 No gain or loss 05/13/2003 Sold 450 units at 1.00 Purchased 03/24/2003 No gain or loss 06/11/2003 Sold 450 units at 1.00 Purchased 04/21/2003 No gain or loss 442.01 450.00 450.00 450.00 450.00 450.00 450.00 450.00 450.00 450.00 350.00 450.00 450.00 PAGE 7 REPORT OF INCOME CASH COMMUNITY TRUST COMPANY, TRUSTEE OF THE JOHN J. FARRELL CHARITABLE REMAINDER UNITRUST, DTD: 05/10/95 ACCOUNT 2130100 FOR DATES 06/01/1995 TO 12/31/2005 07/14/2003 Sold 229.94 units at 1.00 Purchased 05/19/2003 No gain or loss 08/13/2003 Sold 229.11 units at 1.00 Purchased 06/20/2003 No gain or loss 09/15/2003 Sold 229.33 units at 1.00 Purchased 06/20/2003 No gain or loss 10/16/2003 Sold 229.92 units at 1.00 Purchased 07/21/2003 No gain or loss 11/12/2003 Sold 229.54 units at 1.00 Purchased 07/21/2003 No gain or loss 12/12/2003 Sold 229.77 units at 1.00 Purchased 08/21/2003 No gain or loss 01/21/2004 Sold 233.02 units at 1.00 Purchased 08/21/2003 No gain or loss 02/12/2004 Sold 233.24 units at 1.00 Purchased 09/22/2003 No gain or loss 03/10/2004 Sold 233.46 units at 1.00 Purchased 09/22/2003 No gain or loss 03/24/2004 Sold 835.1 units at 1.00 Purchased 12/22/2003 No gain or loss 04/07/2004 Sold .71 units at 1.00 Purchased 04/01/2004 No gain or loss Total Sale of an Income Asset TOTAL ASSET SALES AND TRANSFERS 229.94 229.11 229.33 229.92 229.54 229.77 233.02 233.24 233.46 835.10 24,768.44 PAGE 8 .71 24,768.44 REPORT OF INCOME CASH COMMUNITY TRUST COMPANY, TRUSTEE OF THE JOHN J. FARRELL CHARITABLE REMAINDER UNITRUST, DTD: 05/10/95 ACCOUNT 2130100 FOR DATES 06/01/1995 TO 12/31/2005 3. DIVIDENDS RECEIVED Dividend Receipt FEDERATED GOVT OBLIGATIONS FD #395 1 0/31 /2003 11/30/2003 12/31/2003 01/31/2004 02/29/2004 03/31/2004 04/30/2004 04/30/2004 05/31/2004 06/30/2004 07/31/2004 08/31/2004 09/30/2004 10/31/2004 11/30/2004 12/31/2004 01/31/2005 02/28/2005 03/31/2005 04/30/2005 05/31/2005 06/30/2005 07/31/2005 08/31/2005 09/30/2005 1 0/31/2005 11/30/2005 12/31/2005 FED AUTOMATED GOVT MONEY TRUST #44 10/07/1997 11/07/1997 12/05/1997 01/08/1998 02/10/1998 03/06/1998 04/07/1998 05/08/1998 06/08/1998 07/08/1998 08/07/1998 09/09/1998 10/06/1998 11/09/1998 12/08/1998 01/12/1999 02/08/1999 03/09/1999 04/07/1999 .03 .26 .27 .29 .49 .71 1.07 .24 1.09 1.01 1 .11 1.01 .84 .83 .91 1.07 6.43 6.68 7.33 7.15 6.61 5.35 4.46 3.37 2.04 .89 6.98 13.20 303.37 362.33 357.24 369.30 366.51 328.02 362.98 347.35 356.76 348.00 358.72 359.02 344.94 324.88 307.18 310.63 305.04 272.24 306.40 PAGE 9 REPORT OF INCOME CASH COMMUNITY TRUST COMPANY, TRUSTEE OF THE JOHN J. FARRELL CHARITABLE REMAINDER UN/TRUST, DTD: 05/10/95 ACCOUNT 2130100 FOR DATES 06/01/1995 TO 12/31/2005 05/10/1999 06/08/1999 07/08/1999 08/10/1999 Total Dividend Receipt TOTAL DIVIDENDS RECEIVED 4. INTEREST RECEIVED Interest Receipt COMMERCE BANK 08/31/1997 09/30/1997 10/31/1997 11/30/1997 12/31/1997 01/31/1998 02/28/1998 03/31/1998 04/30/1998 05/31/1998 06/30/1998 07/31/1998 08/31/1998 10/01/1998 10/31/1998 11/30/1998 12/31/1998 01/29/1999 02/28/1999 03/31/1999 04/30/1999 05/31/1999 06/30/1999 07/31/1999 08/31/1999 09/30/1999 10/31/1999 11/30/1999 12/31/1999 01/31/2000 02/29/2000 03/31/2000 04/30/2000 05/31/2000 06/30/2000 07/31/2000 08/31/2000 09/30/2000 10/31/2000 295.07 302.65 78.71 .89 7,149.95 92.06 18.28 .12 .14 .19 .19 .11 .14 1.13 1.29 1.17 1 .11 1.01 1.24 .91 .76 .64 .57 .69 .59 .46 .42 .41 .41 .24 .32 .47 .35 .41 .18 .47 .37 .41 .32 .08 .02 .04 .06 .08 PAGE 10 7,149.95 REPORT OF INCOME CASH PAGE 1 1 COMMUNITY TRUST COMPANY, TRUSTEE OF THE JOHN J. FARRELL CHARITABLE REMAINDER UNITRUST, DTD: 05/10/95 ACCOUNT 2130100 FOR DATES 06/01/1995 TO 12/31/2005 11/30/2000 12/31/2000 01/31/2001 02/28/2001 03/31/2001 04/30/2001 05/31/2001 06/30/2001 07/31/2001 08/31/2001 09/30/2001 10/31/2001 11/30/2001 12/31/2001 01/31/2002 02/28/2002 03/31/2002 04/30/2002 05/31/2002 06/30/2002 07/31/2002 08/31/2002 .12 .20 .16 .17 .18 .12 .14 .16 .22 .23 .24 .18 .14 .09 .15 .15 .15 .12 .13 .17 .38 .52 Total Interest Receipt 131.98 TOTAL INTEREST RECEIVED 5. TRANSFERS FROM PRINCIPAL TO INCOME 131.98 Transfer Principal to Income 07/19/1999 331.25 06/23/2000 56.61 Total Transfer Principal to Income 387.86 TOTAL TRANSFERS FROM PRINCIPAL TO INCOME 387.86 TOTAL INCOME CASH RECEIPTS 66,413.23 --------------- INCOME CASH DISBURSEMENTS ------_________ 6. ASSET PURCHASES FROM INCOME Purchase Asset from Income FEDERATED GOVT OBLIGATiONS FD #395 03/24/2004 Purchased 835.1 units at 1.00 -835.10 COMMERCE BANK REPORT OF INCOME CASH COMMUNITY TRUST COMPANY, TRUSTEE OF THE JOHN J. FARRELL CHARITABLE REMAINDER UNITRUST, DTD: 05/10/95 ACCOUNT 2130100 FOR DATES 06/01/1995 TO 12/31/2005 08/31/1997 Purchased 92.06 units at 1.00 09/30/1997 Purchased 18.28 units at 1.00 10/07/1997 Purchased 303.37 units at 1.00 10/31/1997 Purchased .12 units at 1.00 11/07/1997 Purchased 362.33 units at 1.00 11/30/1997 Purchased 1 units at .14 12/05/1997 Purchased 357.24 units at 1.00 12/31/1997 Purchased .19 units at 1.00 01/08/1998 Purchased 369.3 units at 1.00 01/31/1998 Purchased .19 units at 1.00 02/10/1998 Purchased 366.51 units at 1.00 02/28/1998 Purchased .11 units at 1.00 03/06/1998 Purchased 328.02 units at 1.00 04/07/1998 Purchased 97.74 units at 1.00 05/08/1998 Purchased 84.73 units at 1.00 05/31/1998 Purchased 1.29 units at 1.00 06/08/1998 Purchased 356.76 units at 1.00 06/30/1998 Purchased 1.17 units at 1.00 07/08/1998 Purchased 348 units at 1 .00 07/31/1998 Purchased 1.11 units at 1.00 08/07/1998 Purchased 358.72 units at 1.00 08/31/1998 Purchased 1.01 units at 1.00 09/09/1998 Purchased 359.02 units at 1.00 12/08/1998 Purchased 307.18 units at 1.00 09/21/1999 Purchased 681.71 units at 1.00 10/19/1999 Purchased 375 units at 1.00 -92.06 -18.28 -303.37 -362.33 -357.24 -369.30 -366.51 -328.02 -97.74 -84.73 -1.29 -356.76 -1.17 -348.00 -1.11 -358.72 -1.01 -359.02 -307.18 -681.71 -375.00 PAGE 12 -.12 -.14 An -. 1:::1 -.19 -.11 REPORT OF INCOME CASH COMMUNITY TRUST COMPANY, TRUSTEE OF THE JOHN J. FARRELL CHARITABLE REMAINDER UNITRUST, DTD: 05/10/95 ACCOUNT 2130100 FOR DATES 06/01/1995 TO 12/31/2005 11/30/1999 Purchased 375 units at 1.00 12/28/1999 Purchased 375 units at 1.00 01/25/2000 Purchased 375 units at 1.00 02/22/2000 Purchased 375 units at 1.00 04/25/2000 Purchased 375 units at 1.00 07/24/2000 Purchased 15.53 units at 1.00 08/21/2000 Purchased 16.27 units at 1.00 09/19/2000 Purchased 16.42 units at 1.00 10/24/2000 Purchased 19.15 units at 1.00 11/21/2000 Purchased 475 units at 1.00 12/22/2000 Purchased 475 units at 1.00 01/23/2001 Purchased 26.84 units at 1.00 02/21/2001 Purchased 28.3 units at 1.00 03/20/2001 Purchased 30.28 units at 1.00 04/24/2001 Purchased 38.28 units at 1.00 OS/21/2001 Purchased 38.69 units at 1.00 06/18/2001 Purchased 38.66 units at 1.00 07/23/2001 Purchased 475 units at 1.00 08/21/2001 Purchased 39.62 units at 1.00 09/25/2001 Purchased 40.49 units at 1.00 10/23/2001 Purchased 475 units at 1.00 11/27/2001 Purchased 475 units at 1.00 12/27/2001 Purchased 475 units at 1.00 01/23/2002 Purchased 475 units at 1.00 02/20/2002 Purchased 475 units at 1.00 03/19/2002 Purchased 475 units at 1.00 -375.00 -375.00 -375.00 -375.00 -375.00 -15.53 -16.27 -16.42 -19.15 -475.00 -475.00 -26.84 -28.30 -30.28 -38.28 -38.69 -38.66 -475.00 -39.62 -40.49 -475.00 -475.00 -475.00 -475.00 -475.00 -475.00 PAGE 13 REPORT OF INCOME CASH COMMUNITY TRUST COMPANY, TRUSTEE OF THE JOHN J. FARRELL CHARITABLE REMAINDER UNITRUST, DTD: 05/10/95 ACCOUNT 2130100 FOR DATES 06/01/1995 TO 12/31/2005 04/23/2002 Purchased 475 units at 1.00 OS/21/2002 Purchased 475 units at 1.00 06/24/2002 Purchased 475 units at 1.00 07/23/2002 Purchased 475 units at 1.00 08/20/2002 Purchased 475 units at 1.00 09/24/2002 Purchased 475 units at 1.00 10/21/2002 Purchased 475 units at 1.00 11/21/2002 Purchased 475 units at 1.00 12/23/2002 Purchased 475 units at 1.00 01/21/2003 Purchased 475 units at 1.00 02/24/2003 Purchased 475 units at 1.00 03/24/2003 Purchased 475 units at 1.00 04/21/2003 Purchased 475 units at 1.00 05/19/2003 Purchased 475 units at 1.00 06/20/2003 Purchased 475 units at 1.00 07/21/2003 Purchased 475 units at 1.00 08/21/2003 Purchased 475 units at 1.00 09/22/2003 Purchased 475 units at 1.00 11/03/2003 Purchased .03 units at 1.00 12/01/2003 Purchased .26 units at 1.00 12/22/2003 Purchased 475 units at 1.00 01/02/2004 Purchased .27 units at 1.00 01/21/2004 Purchased 475 units at 1.00 02/02/2004 Purchased .29 units at 1.00 03/01/2004 Purchased .49 units at 1.00 04/01/2004 Purchased .71 units at 1.00 -475.00 -475.00 -475.00 -475.00 -475.00 -475.00 -475.00 -475.00 -475.00 -475.00 -475.00 -475.00 -475.00 -475.00 -475.00 -475.00 -475.00 -475.00 -475.00 -.27 -475.00 PAGE 14 -.03 -.26 -.29 -.49 -.71 REPORT OF INCOME CASH COMMUNITY TRUST COMPANY, TRUSTEE OF THE JOHN J. FARRELL CHARITABLE REMAINDER UNITRUST, DTD: 05/10/95 ACCOUNT 2130100 FOR DATES 06/01/1995 TO 12/31/2005 Total Purchase Asset from Income Interest Reinvestment COMMERCE BANK 03/21/2000 Purchased 206.02 units at 1.00 Total Interest Reinvestment interest Reinvestment COMMERCE BANK 10/01/1998 10/31/1998 11/30/1998 Total Interest Reinvestment Cash Management Purchase COMMERCE BANK 10/06/1998 11/09/1998 01/12/1999 01/29/1999 02/08/1999 02/28/1999 03/09/1999 03/31/1999 04/07/1999 04/30/1999 05/10/1999 05/31/1999 06/08/1999 06/30/1999 PAGE 15 -22,006.98 -206.02 -206.02 -1.24 -.91 -.76 -2.91 -344.94 -324.88 -310.63 -.57 -305.04 -.69 -272.24 -.59 -306.40 -.46 -295.07 -.42 -302.65 -.41 REPORT OF INCOME CASH COMMUNITY TRUST COMPANY, TRUSTEE OF THE JOHN J. FARRELL CHARITABLE REMAINDER UNITRUST, DTD: 05/10/95 ACCOUNT 2130100 FOR DATES 06/01/1995 TO 12/31/2005 07/08/1999 -78.71 07/31/1999 -.41 08/10/1999 -.89 08/31/1999 -.24 09/30/1999 -.32 10/31/1999 -.47 11/30/1999 -.35 01/31/2000 -.18 02/29/2000 -.47 03/31/2000 -.37 04/30/2000 -.41 05/31/2000 -.32 06/30/2000 -.08 07/31/2000 -.02 08/31/2000 -.04 09/30/2000 -.06 10/31/2000 -.08 11/30/2000 -.12 12/31/2000 -.20 01/31/2001 -.16 02/28/2001 -.17 03/31/2001 -.18 04/30/2001 -.12 05/31/2001 -.14 06/30/2001 -.16 07/31/2001 -.22 PAGE 16 REPORT OF INCOME CASH PAGE 17 COMMUNITY TRUST COMPANY, TRUSTEE OF THE JOHN J. FARRELL CHARITABLE REMAINDER UNITRUST, DTD: 05/10/95 ACCOUNT 2130100 FOR DATES 06/01/1995 TO 12/31/2005 08/31/2001 -.23 09/30/2001 -.24 10/31/2001 -.18 11/30/2001 -.14 12/31/2001 -.09 01/31/2002 -.15 02/28/2002 -.15 03/31/2002 -.15 04/30/2002 -.12 05/31/2002 -.13 06/30/2002 -.17 07/31/2002 -.38 08/31/2002 -.52 Total Cash Management Purchase -2,552.53 TOTAL ASSET PURCHASES FROM INCOME -24,768.44 7. FEES PAID - GENERAL Fiduciary Tax Prep Fee 05/06/2002 FIDUCIARY TAX PREPARATION FEE 2001 04/30/2003 FIDUCIARY TAX PREPARATION FEE 2002 -140.00 -350.00 Tota! Fiduciary Tax Prep Fee A An. An -Lf~U.UU Trustee Fees - Regular 10/10/1997 FOR 1 MONTH(S) ENDING 09/30/97 11/12/1997 FOR 1 MONTH(S) ENDING 10/31/97 12/10/1997 FOR 1 MONTH(S) ENDING 11/30/97 01/13/1998 FOR 1 MONTH(S) ENDING 12/31/97 02/11/1998 FOR 1 MONTH(S) ENDING 01/31/98 03/11/1998 FOR 1 MONTH(S) ENDING 02/28/98 04/10/1998 FOR 1 MONTH(S) ENDING 03/31/98 06/08/1998 FOR 1 MONTH(S) ENDING 05/31/98 07/08/1998 FOR 1 MONTH(S) ENDING 06/30/98 09/17/1998 FOR 1 MONTH(S) ENDING 08/31/98 10/13/1998 FOR 1 MONTH(S) ENDING 09/30/98 11/10/1998 FOR 1 MONTH(S) ENDING 10/31/98 -361.74 -361.70 -361.70 -361.70 -361.70 -361.70 -361 .49 -361 .48 -361 .48 -361.47 -361.47 -361 .46 REPORT OF INCOME CASH COMMUNITY TRUST COMPANY, TRUSTEE OF THE JOHN J. FARRELL CHARITABLE REMAINDER UNITRUST, DTD: 05/10/95 ACCOUNT 2130100 FOR DATES 06/01/1995 TO 12/31/2005 12/04/1998 FOR 1 MONTH(S) ENDING 11/30/98 12/31/1998 PARTIAL FEE FOR 1 MONTH(S) ENDING 12/31/98 01/29/1999 FOR 1 MONTH(S) ENDING 12/31/98 02/18/1999 FOR 1 MONTH(S) ENDING 01/31/99 03/15/1999 FOR 1 MONTH(S) ENDING 02/28/99 04/12/1999 FOR 1 MONTH(S) ENDING 03/31/99 05/14/1999 FOR 1 MONTH(S) ENDING 04/30/99 06/14/1999 FOR 1 MONTH(S) ENDING 05/31/99 07/19/1999 FOR 1 MONTH(S) ENDING 06/30/99 09/20/1999 FOR 1 MONTH(S) ENDING 08/31/99 10/01/1999 FOR 1 MONTH(S) ENDING 09/30/99 11/09/1999 FOR 1 MONTH(S) ENDING 10/31/99 12/10/1999 FOR 1 MONTH(S) ENDING 11/30/99 12/31/1999 FOR 1 MONTH(S) ENDING 12/31/99 12/31/1999 PARTIAL FEE FOR 1 MONTH(S) ENDING 01/31/00 02/23/2000 FOR 1 MONTH(S) ENDING 01/31/00 03/21/2000 FOR 1 MONTH(S) ENDING 02/29/00 05/09/2000 FOR 1 MONTH(S) ENDING 03/31/00 OS/22/2000 FOR 1 MONTH(S) ENDING 04/30/00 06/07/2000 FOR 1 MONTH(S) ENDING 05/31/00 07/24/2000 FOR 1 MONTH(S) ENDING 06/30/00 08/14/2000 FOR 1 MONTH(S) ENDING 07/31/00 09/19/2000 FOR 1 MONTH(S) ENDING 08/31/00 10/24/2000 FOR 1 MONTH(S) ENDING 09/30/00 11/22/2000 FOR 1 MONTH(S) ENDING 10/31/00 12/26/2000 FOR 1 MONTH(S) ENDING 11/30/00 01/23/2001 FOR 1 MONTH(S) ENDING 12/31/00 02/21/2001 FOR 1 MONTH(S) ENDING 01/31/01 03/20/2001 FOR 1 MONTH(S) ENDING 02/28/01 04/24/2001 FOR 1 MONTH(S) ENDING 03/31/01 OS/21/2001 FOR 1 MONTH(S) ENDING 04/30/01 06/14/2001 FOR 1 MONTH(S) ENDING 05/31/01 07/25/2001 FOR 1 MONTH(S) ENDING 06/30/01 08/10/2001 FOR 1 MONTH(S) ENDING 07/31/01 09/25/2001 FOR 1 MONTH(S) ENDING 08/31/01 10/11/2001 FOR 1 MONTH(S) ENDING 09/30/01 11/13/2001 FOR 1 MONTH(S) ENDING 10/31/01 12/14/2001 FOR 1 MONTH(S) ENDING 11/30/01 01/22/2002 FOR 1 MONTH(S) ENDING 12/31/01 02/21/2002 FOR 1 MONTH(S) ENDING 01/31/02 03/15/2002 FOR 1 MONTH(S) ENDING 02/28/02 04/11/2002 FOR 1 MONTH(S) ENDING 03/31/02 05/15/2002 FOR 1 MONTH(S) ENDING 04/30/02 06/18/2002 FOR 1 MONTH(S) ENDING 05/31/02 07/22/2002 FOR 1 MONTH(S) ENDING 06/30/02 09/05/2002 FOR 1 MONTH(S) ENDING 07/31/02 09/11/2002 FOR 1 MONTH(S) ENDING 08/31/02 10/15/2002 FOR 1 MONTH(S) ENDING 09/30/02 11/13/2002 FOR 1 MONTH(S) ENDING 10/31/02 12/16/2002 FOR 1 MONTH(S) ENDING 11/30/02 01/15/2003 FOR 1 MONTH(S) ENDING 12/31/02 02/14/2003 FOR 1 MONTH(S) ENDING 01/31/03 PAGE 18 -361 .43 -323.57 -37.61 -361.36 -361.33 -361 .27 -361 .23 -361.19 -361 .14 -443.29 -443.91 -442.01 -442.18 -442.11 -39.59 -459.01 -460.62 -461.54 -463.82 -463.37 -459.4 7 -458.73 -458.58 -455.85 -452.37 -450.18 -448.16 -446.70 -444.72 -436.72 -436.31 -436.34 -437.96 -435.38 -434.51 -426.78 -429.28 -431.38 -450.92 -452.26 -452.28 -452.30 -449.61 -449.51 -442.01 -450.00 -450.00 -450.00 -450.00 -450.00 -450.00 -450.00 REPORT OF INCOME CASH COMMUNITY TRUST COMPANY, TRUSTEE OF THE JOHN J. FARRELL CHARITABLE REMAINDER UNITRUST, DTD: 05/10/95 ACCOUNT 2130100 FOR DATES 06/01/1995 TO 12/31/2005 03/13/2003 FOR 1 MONTH(S) ENDING 02/28/03 04/11/2003 FOR 1 MONTH(S) ENDING 03/31/03 05/13/2003 FOR 1 MONTH(S) ENDING 04/30/03 06/11/2003 FOR 1 MONTH(S) ENDING 05/31/03 07/14/2003 FOR 1 MONTH(S) ENDING 06/30/03 08/13/2003 FOR 1 MONTH(S) ENDING 07/31/03 09/15/2003 FOR 1 MONTH(S) ENDING 08/31/03 10/16/2003 FOR 1 MONTH(S) ENDING 09/30/03 11/12/2003 FOR 1 MONTH(S) ENDING 10/31/03 12/12/2003 FOR 1 MONTH(S) ENDING 11/30/03 01/21/2004 FOR 1 MONTH(S) ENDING 12/31/03 02/12/2004 FOR 1 MONTH(S) ENDING 01/31/04 03/10/2004 FOR 1 MONTH(S) ENDING 02/29/04 04/14/2004 FOR 1 MONTH(S) ENDING 03/31/04 05/13/2004 FOR 1 MONTH(S) ENDING 04/30/04 06/14/2004 FOR 1 MONTH(S) ENDING 05/31/04 07/14/2004 FOR 1 MONTH(S) ENDING 06/30/04 01/07/2005 FOR 1 MONTH(S) ENDING 09/30/04 01/07/2005 FOR 1 MONTH(S) ENDING 10/31/04 01/07/2005 FOR 1 MONTH(S) ENDING 11/30/04 01/12/2005 FOR 1 MONTH(S) ENDING 12/31/04 02/10/2005 FOR 1 MONTH(S) ENDING 01/31/05 03/10/2005 FOR 1 MONTH(S) ENDING 02/28/05 04/14/2005 FOR 1 MONTH(S) ENDING 03/31/05 05/10/2005 FOR 1 MONTH(S) ENDING 04/30/05 06/10/2005 FOR 1 MONTH(S) ENDING 05/31/05 07/08/2005 FOR 1 MONTH(S) ENDING 06/30/05 08/08/2005 FOR 1 MONTH(S) ENDING 07/31/05 09/09/2005 FOR 1 MONTH(S) ENDING 08/31/05 10/14/2005 FOR 1 MONTH(S) ENDING 09/30/05 11/17/2005 FOR 1 MONTH(S) ENDING 10/31/05 12/08/2005 FOR 1 MONTH(S) ENDING 11/30/05 -450.00 -450.00 -450.00 -450.00 -229.94 -229.11 -229.33 -229.92 -229.54 -229.77 -233.02 -233.24 -233.46 -233.68 -233.07 -232.85 -139.62 -317.21 -317.21 -317.22 -320.49 -319.33 -319.04 -317.55 -317.42 -550.68 -550.95 -550.34 -549.88 -307.87 -550.26 -549.76 Total Trustee Fees - Regular -36,940.74 TOTAL FEES PAID - GENERAL 8. INCOME DISTRIBUTIONS Income Distribution 03/30/1998 JOHN FARRELL;INCOME DISTRIBUTION Check # 002666 -293.00 Total Income Distribution -293.00 TOTAL INCOME DISTRIBUTIONS TOTAL INCOME CASH DISBURSEMENTS PAGE 19 -37,430.74 -293.00 -62,492.18 INCOME CASH BALANCE REPORT OF INCOME CASH PAGE 20 COMMUNITY TRUST COMPANY, TRUSTEE OF THE JOHN J. FARRELL CHARITABLE REMAINDER UNITRUST, DTD: 05/10/95 ACCOUNT 2130100 FOR DATES 06/01/1995 TO 12/31/2005 3,921.05 REPORT OF PRINCIPAL CASH COMMUNITY TRUST COMPANY, TRUSTEE OF THE JOHN J. FARRELL CHARITABLE REMAINDER UNITRUST, DTD: 05/10/95 ACCOUNT 2130100 FOR DATES 06/01/1995 TO 12/31/2005 PAGE 21 BEGINNING BALANCE 0.00 --------------- PRINCIPAL CASH RECEIPTS --------------- 1. CONTRIBUTIONS RECEIVED Contribution 02/15/1996 CONTRIBUTION FORM JOHN FARRELL 125.00 Total Contribution 125.00 TOTAL CONTR!BUTIONS RECEIVED 2. ASSET SALES AND TRANSFERS 125.00 Proceeds from Sale of Asset FEDERATED GOVT OBLIGATIONS FD #395 04/07/2004 Sold 1,435.88 units at 1.00 Purchased 10/28/2003 No gain or loss TO INITIATE CASH SWEEP 1,435.88 FED AUTOMATED GOV'T MONEY TRUST #44 04/09/1998 Sold 1,000 units at 1.00 Purchased 09/05/1997 No gain or loss 1,000.00 06/09/1999 Sold 84,000 units at 1.00 Purchased 09/05/1997 No gain or loss 84,000.00 07/16/1999 Sold 500 units at 1.00 Purchased 09/05/1997 No gain or loss 500.00 COMMERCE BANK 09/05/1997 Sold 85,500 units at 1.00 Purchased 08/05/1997 No gain or loss 85,500.00 05/11/1998 Sold 361.49 units at 1.00 Purchased 04/09/1998 No gain or loss 361 .49 08/05/1998 Sold 361.47 units at 1.00 Purchased 04/09/1998 No gain or loss 361.47 06/22/1999 Sold 7 units at 1.00 Purchased 04/09/1998 No gain or loss 7.00 REPORT OF PRINCIPAL CASH COMMUNITY TRUST COMPANY, TRUSTEE OF THE JOHN J. FARRELL CHARITABLE REMAINDER UNITRUST, DTD: 05/10/95 ACCOUNT 2130100 FOR DATES 06/01/1995 TO 12/31/2005 07/19/1999 Sold 331.25 units at 1.00 Purchased 04/09/1998 No gain or loss 07/23/1999 Sold 7 units at 1.00 Purchased 07/16/1999 No gain or loss 08/13/1999 Sold 364.3 units at 1.00 Purchased 07/16/1999 No gain or loss 06/23/2000 Sold 56.61 units at 1.00 Purchased 07/16/1999 No gain or loss 10/28/2003 Sold 485.88 units at 1.00 Purchased 07/16/1999 No gain or loss 01/29/2004 Sold 475 units at 1.00 Purchased 11/20/2003 No gain or loss 03/24/2004 Sold 475 units at 1.00 Purchased 02/24/2004 No gain or loss 04/07/2004 Sold 475 units at 1.00 Purchased 03/23/2004 No gain or loss BLACKLlGHT POWER INC (FORMERLY HYDROCATAL YSIS POWER CORPORATION) 08/05/1997 Sold 10 units at 1,500.00 Purchased 12/31/1995 No gain or loss SHARES SOLD TO DAVID A FOLTZ 08/12/1997 Sold 10 units at 1,500.00 Purchased 12/31/1995 No gain or loss SOLD TO DOROTHY MERRIFIELD 08/13/1997 Sold 4 units at 1,500.00 Purchased 12/31/1995 No gain or loss SOLD TO STEVEN/ROSANNA MUSSELMAN 331.25 364.30 56.61 485.88 475.00 475.00 475.00 15,000.00 15,000.00 6,000.00 PAGE 22 7.00 REPORT OF PRINCIPAL CASH COMMUNITY TRUST COMPANY, TRUSTEE OF THE JOHN J. FARRELL CHARITABLE REMAINDER UNITRUST, DTD: 05/10/95 ACCOUNT 2130100 FOR DATES 06/01/1995 TO 12/31/2005 08/13/1997 Sold 4 units at 1,500.00 Purchased 12/31/1995 No gain or loss SOLD TO STEVEN/ROSANNA MUSSELMAN 08/13/1997 Sold 4 units at 1,500.00 Purchased 12/31/1995 No gain or loss SOLD TO STEVEN/ROSANNA MUSSELMAN 08/13/1997 Sold 15 units at 1,500.00 Purchased 12/31/1995 No gain or loss SOLD TO SPECIALIZED MEDICAL IMAGING, INC PENSION PLAN AND TRUST FBO ROSANNA MUSSELMAN 08/22/1997 Sold 10 units at 1,500.00 Purchased 12/31/1995 Long-term gain of 15,000.00 SOLD TO RONALD & TRUDI MUSSELMAN Total Proceeds from Sale of Asset TOTAL ASSET SALES AND TRANSFERS 3. MISCELLANEOUS RECEIPTS Partial Annuity Surrender LINCOLN BENEFIT LIFE VAR ANNUITY 06/99 ANNUITY #LBLA731361 10/22/2003 11/14/2003 02/17/2004 03/15/2004 Total Partial Annuity Surrender TOTAL MISCELLANEOUS RECEIPTS TOTAL PRINCIPAL CASH RECEIPTS 6,000.00 6,000.00 22,500.00 15,000.00 261,335.88 475.00 475.00 475.00 475.00 1,900.00 PAGE 23 261,335.88 1,900.00 263,360.88 REPORT OF PRINCIPAL CASH COMMUNITY TRUST COMPANY, TRUSTEE OF THE JOHN J. FARRELL CHARITABLE REMAINDER UNITRUST, DTD: 05/10/95 ACCOUNT 2130100 FOR DATES 06/01/1995 TO 12/31/2005 PAGE 24 --------------- PRINCIPAL CASH DISBURSEMENTS ----___________ 4. ASSET PURCHASES AND TRANSFERS Purchase of an Asset FEDERATED GOVT OBLIGATIONS FD #395 10/28/2003 Purchased 485.88 units at 1.00 -485.88 01/29/2004 Purchased 475 units at 1.00 -475.00 03/24/2004 Purchased 475 units at 1.00 -475.00 FED AUTOMATED GOVT MONEY TRUST #44 09/05/1997 Purchased 85,500 units at 1.00 -85,500.00 COMMERCE BANK 08/05/1997 Purchased 15,000 units at 1.00 -15,000.00 08/12/1997 Purchased 15,000 units at 1.00 -15,000.00 08/13/1997 Purchased 40,500 units at 1.00 -40,500.00 08/22/1997 Purchased 15,000 units at 1.00 -15,000.00 04/09/1998 Purchased 1,000 units at 1.00 -1,000.00 07/16/1999 Purchased 500 units at 1.00 -500.00 10/22/2003 Purchased 475 units at 1.00 -475.00 11/20/2003 Purchased 475 units at 1.00 -475.00 02/24/2004 Purchased 475 units at 1.00 -475.00 03/23/2004 Purchased 475 units at 1.00 -475.00 Tota! Purchase of an Asset -175,835.88 TOTAL ASSET PURCHASES AND TRANSFERS -175,835.88 5. FEES Fiduciary Tax Prep Fee 04/29/2004 FIDUCIARY TAX PREPARTAION FEE 2003 05/10/2005 FIDUCIARY TAX PREPARATION FEE 2004 -350.00 -425.00 -775.00 Total Fiduciary Tax Prep Fee Trustee Fees 02/15/1996 FOR 1 MONTH(S) ENDING 01/31/96 05/11/1998 FOR 1 MONTH(S) ENDING 04/30/98 -125.00 -361 .49 REPORT OF PRINCIPAL CASH COMMUNITY TRUST COMPANY, TRUSTEE OF THE JOHN J. FARRELL CHARITABLE REMAINDER UNITRUST, DTD: 05/10/95 ACCOUNT 2130100 FOR DATES 06/01/1995 TO 12/31/2005 08/05/1998 FOR 1 MONTH(S) ENDING 07/31/98 08/13/1999 FOR 1 MONTH(S) ENDING 07/31/99 07/14/2004 FOR 1 MONTH(S) ENDING 06/30/04 08/11/2004 FOR 1 MONTH(S) ENDING 07/31/04 09/14/2004 FOR 1 MONTH(S) ENDING 08/31/04 10/14/2005 FOR 1 MONTH(S) ENDING 09/30/05 Total Trustee Fees TOTAL FEES 6. TRANSFERS FROM PRINCIPAL TO INCOME Transfer Principal to Income 07/19/1999 06/23/2000 Total Transfer Principal to Income TOTAL TRANSFERS FROM PRINCIPAL TO INCOME 7. MISCELLANEOUS DISBURSEMENTS Miscellaneous Disbursement 06/09/1999 LINCOLN BENEFIT LIFE COMPANY FOR PURCHASE OF ANNUITY Check # 004054 Total Miscellaneous Disbursement Bank Wire Fee 06/22/1999 COMMERCE BANK WIRE FEE CHARGE 07/23/1999 COMMERCE BANK WIRE FEE CHARGE Total Bank Wire Fee TOTAL MISCELLANEOUS DISBURSEMENTS TOTAL PRINCIPAL CASH DISBURSEMENTS PRINCIPAL CASH BALANCE -361.47 -364.30 -178.26 -318.25 -317.96 -242.85 -2,269.58 -331 .25 -56.61 -387.86 -84,000.00 -84,000.00 -7.00 -7.00 -14.00 PAGE 25 -3,044.58 -387.86 -84,014.00 -263,282.32 78.56 REPORT OF NON-CASH ENTRIES COMMUNITY TRUST COMPANY, TRUSTEE OF THE JOHN J. FARRELL CHARITABLE REMAINDER UNITRUST, DTD: 05/10/95 ACCOUNT 2130100 FOR DATES 06/01/1995 TO 12/31/2005 --------------- NON-CASH INCREASES ------_________ 1. NON-CASH TRANSFER IN Non-Cash Transfer In BLACKLlGHT POWER INC (FORMERLY HYDROCATAL YSIS POWER CORPORATION) 06/01/1995 160 units at 1500.00 CONTRIBUTION RECEIVED FROM JOHN J FARRELL AND LARUE S FARRELL Total Non-Cash Transfer In FREE RECEIPT OF AN ASSET LINCOLN BENEFIT LIFE VAR ANNUITY 06/99 ANNUITY #LBLA731361 06/14/1999 1 units Total FREE RECEIPT OF AN ASSET TOTAL NON-CASH TRANSFER IN 2. UNITS ADJUSTMENT Units Adjustment COMMERCE BANK 11/30/1997 -.86 units Total Units Adjustment TOTAL UNITS ADJUSTMENT 3. BOOK VALUE ADJUSTMENT Book Value Adjustment LINCOLN BENEFIT LIFE VAR ANNUITY 06/99 ANNUITY #LBLA731361 10/22/2003 11/14/2003 02/17/2004 03/15/2004 BLACKLlGHT POWER INC (FORMERLY HYDROCATAL YSIS POWER CORPORATION) 08/22/1997 INVENTORY VALUE SHOULD HAVE BEEN ZERO 08/22/1997 INVENTORY VALUE SHOULD HAVE BEEN ZERO 240,000.00 240,000.00 84,000.00 84,000.00 -14,481.92 -475.00 -475.00 -475.00 -169,500.00 -240,000.00 PAGE 26 324,000.00 0.00 0.00 0.00 REPORT OF NON-CASH ENTRIES COMMUNITY TRUST COMPANY, TRUSTEE OF THE JOHN J. FARRELL CHARITABLE REMAINDER UNITRUST, DTD: 05/10/95 ACCOUNT 2130100 FOR DATES 06/01/1995 TO 12/31/2005 Total Book Value Adjustment TOTAL BOOK VALUE ADJUSTMENT TOTAL NON-CASH INCREASES PAGE 27 -425,406.92 -425,406.92 -101,406.92 VERIFICATION / On this ;S day of February, 2006, Susan A. Russell, President & CEO of Community Trust Company, Trustee of The John J. Farrell Charitable Remainder Unitrust UI A dated May 10, 1995, hereby declares under oath that said Trustee has fully and faithfully discharged the duties of its office; that the foregoing First and Final Account consisting of 5 Z,..pages, cover pages and exhibits is true and correct and fully discloses all significant transactions occurring during the accounting period; that all known claims against the Trust during the accounting period have been paid in full; that to its knowledge, as of December 31,2005, there were no claims outstanding against the Trust; and that as of December 31, 2005, all taxes due from the Trust were paid. COMMUNITY TRUST COMPANY, TRUSTEE Dated: February '--? ,2006 \c~ ~ ----- /--~~ ~ ---cp By: Susan A. Russell, President & CEO SWORN TO before me this j .,d! day of February 2006. /'"'/''' C' '" \ r> ~ 1 )~\p~~c_ \, 0' ( 00l.(( Notary Pub1ic<--.J NotmIaI Seal RebecCa J. Oark. Notary Public Hampden Twp.. C!mberland County My Commission Expires Dee 17,2006 . Member. Pennsylvania ASSOCiation Of Notaries INRE: THE JOHN J. FARRELL CHARIT ABLE REMAINDER UNITRUST : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHAN'S COURT DIVISION :No. STATEMENT OF PROPOSED DISTRIBUTION The Trustee/Accountant proposes the following schedule of proposed distribution: TO: FRANKLIN & MARSHALL COLLEGE (1) Sixty percent (60%) of the balance remaining on hand after payment of the cost of this proceeding, and sixty percent (60%) of the Blacklight Power, Inc. common stock; TO: BALDWIN-WALLACE COLLEGE (2) Thirty-five percent (35%) of the balance remaining on hand after payment of the cost of this proceeding, and thirty-five percent (35%) of the Blacklight Power, Inc. common stock; and TO: SPACE STUDIES INSTITUTE (3) Five percent (5%) of the balance remaining on hand after payment of the cost of this proceeding, and five percent (5%) of the Blacklight Power, Inc. common stock. TO: LAW FIRM OF GATES, HALBRUNER & HATCH, P.C. (4) $4,875.00 for legal fees incurred for preparation of the First and Final Account, the Petition for Approval of the First and Final Account, and the Application for Termination, plus disbursements; TO: COMMUNITY TRUST COMPANY (5) $4,747.32 for termination fee. TO: 2005 FIDUCIARY TAX PREPARATION (CASH RESERVE) (6) $525.00 AFFIDA VIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I hereby certify that on this'3-q day of February, 2006, before me, the subscriber, a Notary Public in and for the aforesaid Commonwealth and County, personally appeared the affiant, SUSAN A. RUSSELL, who acknowledged herself to be the President of COMMUNITY TRUST COMPANY, Trustee of THE JOHN J. FARRELL CHARITABLE REMAINDER UNITRUST, who being duly sworn according to law, she as such President, being authorized to do so, deposes and says that, to the best of her knowledge, the facts averred in the foregoing First and Final Account are true and correct and accurately state all the income, principal, debits and credits which came into her possession as President of the Trustee of THE JOHN J. FARRELL CHARITABLE REMAINDER UNITRUST or into the possession of any other agent(s) for said Trustee. The affiant further says that she gave \-witten notice of the foregoing First and Final Account to all beneficiaries, remaindermen and other parties interested in the JOHN J. FARRELL CHARITABLE REMAINDER UNITRUST. COMMUNITY TRUST COMPANY, TRUSTEE: ~::~:~nt SWORN TO and subscribed before me this 3~day of February, 2006. (0 ~ (\ (0 {\'\ '- I . (, [fill Q c.\! ~ \.:{',--, IA ( N~tary Public ~j - ~ Seal Rab9a:a J. CIlD. Ncmry P\.dIc HMlpdan Twp., CumeI1and County My Co ,lITliSSiOn Expires Dec. 17. 2006 Member. Pennsylvania A5SOC13oon Of "Ir'o. EXHIBIT A THE JOHN J. FARRELL CHARITABLE REMAINDER UNITRUST Under Agreement Dated May 10, 1995 THE JOH:r1 J. FARRELL CF~~IT~~LE R~~AIrmER ur~ITRUST ,~ r;::::::\ In) W (( . (( )l\~ l( \:'-"'\v/u U ---/ ~ THIS~ST AGREEMENT is executed in triplicate on this /~~ day of Vj'~~ ' 1995, by and between JOHN J. FARRELL, now of 128 Oak noli Clrcle, Millersville, Lancaster County, Pennsyl varlia (herein referred to as ::Donor:e), and PEl'il'~S~LVAr-~IA FIDUCI&~Y AlID ESTATE SERVICES, INC., a Pennsylvania corporation, with its registered office at 600 North Twelfth Street, Suite 4, Lemoyne, Cumberland County, Pennsylvania 17043 (herein referred to as "Trustee"). WITNESSETH: WHEREAS, Donor desires to establish a charitable remainder unitrust within the meaning of Section 5 of the Internal Revenue Service Revenue Procedure 90-31, 1990-25 I.R.B. 14, and Section 664(d) (2) of the Internal Revenue Code of 1986, as now in effect or as may hereafter be amended (the "Code"), NOW THEREFORE~ for and in consideration of their mutual covenants and promises, Donor and Trustee agree as follows: ARTICLE I. TRUST ESTATE Donor, desiring to establish an irrevocable trust, does hereby absolutely and irrevocably transfer, assign and deliver to the Trustee and the Trustee's successors and assigns all of Donor's rights, titles and interests 1n and to the assets listed UIl Schedule "A", attached hereto and made a part hereof (herein referred to as the "Trust Estate"). As further evidence of such assignment, Donor has executed or will execute or cause to be executed such other instru_rnents as may be required for the purposes of completing the assignment or transfer of title to the Trust Estate to the Trustee. Trustee accepts the transfer and assigThuent to the Trustee, and undertakes to hold, manage, invest and reinvest the assets of this Trust, and to distribute the income and principal of this Trust, IN TRUST NEVERTHELESS, in accordance with the provisions of this Agreement. Donor, with the consent of the Trustee, shall have the right at any time to make additions to the principal of this Trust or any share thereof hereby established. All the additions shall be held, governed, and distributed by the Trustee, IN TRUST NEVERTHELESS, in accordance with the terms and conditions of this Agreement. ~..RTICLE II. IRREVOCABILITY ~u LIMITED POWER OF AMENDMENT Donor has been advised of the consequences of an irrevocable trust and hereby declares that this Trust shall be irrevocable and shall not be altered, rlmended, revoked, or terminated by Donor or any other person or persons, except as provided below. The Trustee shall have the power, acting alone, to amend the Trtlst in any manner required fer the sole PULvose of ensuring that the Trust qualifies and continues to qualify as a charitable remainder unitrust within the meaning of Section 664(d) (2) and (3) of the Code. ~~TICLE III. PAYMENT OF UNITRUST AMOtmT (A) Calculations and Recipients of Onitrust Amount. In each taxable year of the Trust, the Trustee shall pay to Donor, JOHN J. FARRELL, during his lifetime, and after his death to Donor's spouse, LARUE S. FARRELL, for such time as Donor's spouse survives (Donor and Donor's spouse herein referred to as the "Recipients"), a unitrust amount equal to the lesser of: (a) the TD2st income for the taxable year; as defined in Section 643(b) of the Code and the regulations thereunder; and, (b) six percent (6%) of the net fair market value of the Trust Estate as of the first day of each taxable year of the Trust (said day herein referred to as the "Valuation Date"). The uni trust amount for any year shall also include any amount of Trust income for such year that is in excess of the percentage amount required to be distributed under clause (b) of the previous sentence to the extent that the aggregate 6f the amounts paid in prior years was less than the aggregate of the amounts computed as six percent (6%) of the net fair market value of the Trust Estate on the Valuation Dates. Any income of the Trust for a taxable year in excess of the unitrust amount shall be added to the Trust principal. (B) Quarterly Pay'i'iient of Unitrust .A.IIlount. 'l'ne unitrust amount shall be paid in quarterly installments, for the quarters ending March 31, June 3D, Sept~uber 3D, and December 31, not later than forty-five (45) days after the close of the quarter. (C) Adjustment of Errors. If for any year the net fair market value of the Tr~st Estate is incorrectly deteDmined, then within a reasonable period after the value is finally determined for federal tax purposes, the Trustee shall pay to the Recipients (in the case of an undervaluation) or receive from the Recipients (in the case of an overvaluation) an amount equal to the difference between the unitrust amount properly payable and the unitrust amount actually paid~ ARTICLE IV. PAYM~ OF FEDERAL ESTATE TAXES AND STATE DEATH TAXES The lifetime unitrust interest of the second Recipient, will take effect upon the death of the first Recipient, only if the 2 second Recipient furnishes the funds for pay~ent of any federal estate taxes or state death taxes for which the T~~stee may be liable upon the death of the first Recipient. ~..RTICLE V. PRORATION OF THE UNITRUST AMOUNT In determining the unitrust amount, the Trustee shall prorate the same on a daily basis for a short taxable year or short Ollarterl"\T neriod and for the t~xab 1 p. '\;pa r '" 4uarterly period ending with the survivor Recipie~t's -de:th.- ARTICLE VI. DISTRIBUTION TO CHARITY (A) Distribution of Trust Estate. Upon the death of the survivor Recipient, the Trustee shall distribute all of the then- remaining Trust Estate and any and all accrued income of the Trust (excluding any amounts due to either of the Recipients or their estates under the provisions of this Trust Agreement) to the Recipient Chari ties named by Donor on the permanent allocation ("Permanent Allocation") and the temporary allocation ("Revocable Allocation") detailed on a notice delivered to the Trustee which form is attached hereto as Schedule liB". Any portion of the Trust Estate designated as a Permanent Allocation shall be irrevocable and may not be ili~ended at any time or times by Donor. Any portion of the Trust Estate designated as a Revocable Allocation may be amended or revised by Donor by delivering a new Revocable Allocation in the manner described in paragraph (B) of this Article VI or by delivering a Permanent Allocation in the manner described. The Recipient Charities named in the Permanent Allocation and Revocable Allocation must satisfy the requirements of Sections 170(c), 2055(a) and 2522(a) of the Code, at the time when any of the Trust Estate is distributed to them. If one or more, but not all, of the Recipient Charities named in the Permanent Allocation and Revocable Allocation shall not qualify as an organization described in Sections 170(c), 2055(a) and 2522(a) of the Code at the time when any the Trust Estate is distributed to them, then the portion of the Trl.lst Estat-e which would othenlise have been distributed to the non-qualifying Recipient Charities shall be apportioned among the remaining Recipient Charities on a pro rata basis. If all of the Recipient Charities named in the Permanent Allocation and Revocable Allocation fail to satisfy the requirements of Sections 170(c), 2055(a) and 2522(a) of the Code at the time when any of the Trust Estate is distributed to tho~; then the Trust Estate shall be distributed in the manner set forth in paragraph te) of this Article VI. (B) Revocable Allocations. Allocation by delivering written attached hereto as Schedule "C". time during Donor's lifetime by Donor may amend the Revocable notice to the TDJstee in the form Such notice may be changed at any delivering a new Schedule 'le': to 3 the Trustee. Any Recipient Charities named in Schedule "C" must satisfy the requirements of Sections 170(c), 2055(a) and 2522(a) of the Code at the time when any of the Trust Estate is distributed to them. (C) Failure to Designate Recipient Charities. If, upon the death of the survivor Recipient, Donor has not made any Permanent Alloca tion in the manner described above and has not made any Revocable Allocation which were not revoked in the manner described above, or if none of the Recipient Charities named in the Permanent Allocation and Revocable Allocation shall qualify as an organization described in Sections 170(c) I 2055(a) and 2522(a) of the Code at the time when any of the Trust Estate is distributed to them, then the Trustee shall distribute the balance of the Trust Estate to the following recipient charities ("Default Recipient Chari ties"), in the following percentages, provided that the Default Recipient Charities qualify as a organization described in Sections 170(c), 2055(a) and 2522(a) of the Code at the time when any of the Trust Estate is distributed to th~~: 1) Sixty percent (60%) to FRANKLIN & MARSHALL COLLEGE, Lancaster pennsylvania, to be used in the discretion of its governing board; 2) Thirty-Five percent (35%) to BALDWIN-WALLACE COLLEGE, 275 Eastland Road, Berea, Ohio, to be used in the discretion of its governing board; and, 3) Five percent (5%) to SPACE STUDIES INSTITu~E, P.O. Box 82, princeton, New Jersey, to be used in the discretion of its governing board. If any of the foregoing Default Recipient Charities fail to satisfy the requir~~ents of Sections 170(c), 2055(a) and 2522(a) of the Code at the time when any of the Trust Estate is distributed to them, then the Trust Estate shall be distributed equally among the remaining Default Recipient Charities. If Donor fails to designate any Recipient Charities which satisfy the requirements of Sections 170(c), 2055(a) and 2522(a) of the Code at the time when any of the Trust Estate is distributed to them, and if none of the Default Recipient Charities shall satisfy the requirements of Sections 170(c), 2055(a) and 2522(a) of the Code at the time when any of the Trust Estate is distributed to them, then the Trustee shall select, in its sole discretion, such one or more organizations, satisfying the requirements of Sections 170(c}, 2055(a) and 2522(a) of the Code, each of which is engaged in comparable activities and is located in the Central Pe~~sylvania area. (D) Distribution of Unallocated Trust Estate. If Donor has not made a direction as to the allocation of the entire Trust Estate, then the portion of the Trust Estate which is not otherwise allocated shall be distributed in accordance with paragraph (C) of 4 this Article VI. ~-RTICLE VII. ~~DITIONAL CO~~RIBUTIONS If any additional contributions are made to the Trust after the initial contribution, the unitrust amount for the year in which the additional contribution is made shall be equal to the lesser of (a) the Trust income for the taxable year, as defined in Section 643(0) of the Code and the re~~lations thereunder; and (b) SlX percent (6%) of the sum of (1) the net fair market value of the Trust Estate as of the Valuation Date (excluding the Estate so added and any income from, or appreciation on, such assets) and (2) that proportion of the fair market value of the assets so added that was excluded under (1) that the number of days in the period that begins with the date of contribution and ends with the earlier of the last day of the taxable year or the date of death of the survivor Recipient bears to the number of days in the period that begins on the first day of such taxable year and ends wi th the earlier of the last day in such taxable year or the date of death of the survivor Recipient. In the case where there is no Valuation Date after the time of contribution, the assets so added shall be valued as of the time of contribution. The unitrust amount for any such year shall also include any wuount of Trust income for such year that is in excess of the amount required to be distributed under (b) above to the extent that the aggregate of the amounts paid in prior years was less than the aggregate of the amounts computed as six percent (6%) of the net fair market value of the Trust Estate on the Valuation Dates. ARTICLE VIII. PROHIBITED TRANSACTIONS The Trustee shall make distributions at such time and in such manner as not to subject the TDJst to tax under Section 4942 of the Code. Except for the payment of the unitrust amount to the Recipients, the Trustee shall not engage in any act of self- dealing, as defined in Section 4941(d) of the Code, and shall not make any taxable expenditures, as defined in Section 4945(d) of the Code. The Trustee shall not make any investments that jeopardize the charitable purpose of the Trust, within the meaning of Section 4944 of the Code and the regulations thereunder, or retain any excess business holdings, within the meaning of Section 4943(c) of the Code and the regulations thereunder. ARTICLE IX. TAXABLE YEAR The taxable year of the Trust shall be the calendar year. 5 ARTICLE X. GOVERNING LAW AND CONSTRUCTION OF TRUST The TD~st shall have its legal situs in CQ~berland County, Pennsylvania, and shall be administered and interoreted In accordance with the laws of the Commonwealth of Pennsylvania. The Trustee, however, is prohibited from exercising any power or discretion granted under said laws that would be inconsistent with the qualification of the Trust under Section 664(d) (2) and (3) of the Code and the corresponding regulations. Unless otherwise stated, all references in this Trust to section and chapter numbers are to those of the Internal Revenue Code of 1986, as amended, or corresponding provisions of any subsequent federal tax laws applicable to this Trust. Unless the context otherwise requires, the use of one or more genders in the text includes all other genders, and the use of either the singular or the plural in the text includes both the singular and the plural. The captions set forth in this Agreement at the beginning of the various divisions hereo'f are for convenience of reference only and shall not be deemed to define or limit the provisions hereof or to affect in any way their construction and application. ARTICLE XI. INVES~1T OF TRUST ESTATE Nothing in this Trust instrument shall be construed to restrict the Trustee from investing the Trust Estate in a manner that could result in the annual realization of a reasonable amount of income or gain from the sale or disposition of Trust Estate. ARTICLE XII. GENEP_:&.L POWERS OF TRUSTEE In addition to such other powers and duties as may have been granted elsewhere in this Trust, but subject to any limitations contained elsewhere in this Trust, the Trustee shall have the following powers and duties: (A) In the management, care and disposition of this Trust, the Trustee shall have the power to do all things and to execute such deeds, instruments, and other documents as may be deemed necessary and proper, inCluding the following powers, all of which may be exercised without order of or report to any court: (1) To sell, exchange, or otherrlise dispose of any property, real, personal or mixed, at any time held or ac~~ired hereunder, at public or private sale, for cash" or on terms as may be determined by the Trustee, without advertisement, including the right to lease for any term notwithstanding the period of the Trust, and to grant options, including an option for a period beyond the duration of the Trust and to do all things and to execute such deeds, 6 instruments and other documents as may be necessary and proper. (2) To invest all monies in such stocks, bonds, securities, investment companies or t~Jst shares, mortgages, notes, chases in action, real estate, improvements thereon, and other property as the Trus tee may deem bes t, wi thout regard to any law now or hereafter in force limiting investments of fiduciaries. (3) To retain for inves tment any property deposi ted wi th the Trustee hereunder. (4) To vote in person or by proxy any corporate stock or other security and to agree to or take any other action in regard to any reorganization, merger, consolidation, liquidation, bankruptcy or other procedure or proceedings affecting any stock, bond, note or other security held by this Trus t . (5) To use lawyers, real estate brokers, accountants and any other agents, if such employment is deemed necessary or desirable, and to pay reasonable compensation for their services. (6) To compromise, settle or adjust any claim or demand by or against the Trust and to agree to any rescission or modification of any contract or agreement affecting the Trust. (7) To renew any indebtedness, as well as to borrow money, and to secure the same by mortgaging, pledging or conveying any property of the Trust, including the power to borrow from the Trustee (in the Trustee's individual capacity) at a reasonable rate of interest. (8) To register any stock, bond or other security in the name of a nominee, without the addition of words indicating that such security is held in a fiduciary capacity, but accurate records shall be maintained showing that the stock, bond or other security is a trust asset and the Trustee shall be responsible for the acts of the nominee. (B) In making distributions from the Trust to or for the benefit of a person under a legal disability, the Trustee need not require the appointment of a ~Jardiani but shall be authorized to payor deliver the distribution to the custodian of the person, to ~ay UL deliver the distribution to the person without the intervention of a guardian, to payor deliver the distribution to the legal guardian of the person if a guardian has already been appointed, or to use the distribution for the benefit of the person. 7 (C) In the distribution of the Trust and any division into separate trusts and shares, the Trustee shall be authorized to make the distribution and division in money or in klnd or in both, regardless of the basis for income tax purposes of any property distributed or divided in kind, and the distribution and division made and the values established by the Trustee shall be binding and conclusive on all persons taking hereunder. The Trustee may in making the distribution or division allot undivided interests in the same property to several trusts or shares. ARTICLE XIII. SURETY AND COMPENSATION OF TRUSTEE The Trustee shall serve wi thout the duty or obligation of filing any bond or other security and shall receive as its compensation for the services performed hereunder that sum of money, based on an hourly charge or percentage rate, which the Trustee normally and customarily charges for performing similar services during the time which it performs these services. ARTICLE XIV. SPENDTHRIFT TRUST No beneficiary shall have the power to anticipate, encumber or transfer his interest in the Trust Estate in any manner. No part of the Trust Estate shall be liable for or charged with any debts, contracts, liabili ties or torts of a beneficiary or subj ect to seizure or other process by any creditor of a beneficiary. ARTICLE XV. SUCCESSOR TRUSTEE (A) Removal of Trustee = The then - current Recipient may remove the Trustee at any time or times, with or without cause, upon thirty (30) days' written notice given to the current Trustee. Upon the removal of the Trustee, a successor Trustee shall be appointed in accordance with the terms set forth in paragraph (B) of this Article XV. (B) Successor Trustee. The Trustee may resign at any time upon thirty (30) days' written notice given to the then-current Recipient. Upon the death, resignation, removal or incapacity of the Trustee, a Successor Trustee may be appointed by the then- current Recipient. Any Successor Trustee shall be a financially sound and competent corporate trustee. ~_ny Successor Trustee thus appointed, or, if the Trustee shall merge with or be consolidated with another corporate fiduciary, then such corporate fiduciary, shall succeed to all the duties and to all the powers, including discretionary powers, herein granted to the Trustee. Donor prohibits the appointment of Donor as Trustee, and any attempt to do so shall be without authority under this Agreement. Donor prohibi ts the appointrnent of Donor I s legal guardian or legal 8 representative as Trustee, and any attempt to do so shall be without authority under this Agreement. IN WITNESS WHEREOF; Donor has hereunto set his hand and seal, and the Trustee has caused this l>.grepment to be signed by its authorized officer and to have its seal affixed to and to be attested to, allan the day and year first above written. WITNESS: DONOR: , j/u /I.~ 17Xj/vl!,(~, :, /-';;;-'11---11# / l "I J /Jt7 D4 ~-~ JO . FU ' { SEAL} The forego~ng Trust Agrea~ent was delivered, and is hereby accepted, at ~(}'l-,,~/!1 t-- , Pennsylvania, on YJ(Cu-r- /0 1995. ~ () --- J /l ATTEST: / / ~ j/Vt,",IL-- / .: / ( PENNSYLVANIA FIDUCIARY AND ESTATE SERVICES, INC., TRUSTEE -!U/ui1/L( SEAL) 9 SCHEDULE "A" S c...B:EDULE REFERRED TO IN THE 1>..,NNR"(El1 JOHN J. FARRELL CHARITABLE REMAINDER UNITRUST AGREEMENT DATED: 'Y-n 7 I () , 1995 FROM JO~=N J; F~~EBLL; DONOR TO PENNSYLVANIA FIDUCIARY AND ESTATE SERVICES, INC., TRUSTEE Property Description: WITNESS: DONOR: ~,/pcuJ ~'L1-dL 'Tn~{R~ ~ - --U ----'0 { SEAL} ATTESTV /--; ,1 ____ /1 ,;0wl '-- / l PENNSYLVANIA FIDUCIARY AND ESTATE SERVICES, INC., TRUSTEE , "'--- COMMONWEALTH Y PENNSYLVANIA: C'.CHTN'T'V 0'" ~ . ~L c2.. ~ch : ------- -, /)""" . . ~ -J(0 ~1 On thlS, the (u day of V) <<-~~ , 1995, before me, a Notary Public, the undersigned officer,Upersonally appeared JOHN J. FARRELL, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Trust Agreement, and acknowledged that he executed the s~~e for the purposes therein contained. ss: IN WITNESS WHEREOF, I have set my hand and official Seal. f~~ ~, _ d~~~ Ntfta Public { My Commission Expires: COMMONWEALTH J1 PENNSYLVANIA ~ COUNTY OF \7xL/JGC--d.xJM/'L ; ^- ...\.. ~ S }...1... - i r. ~ d--' -~ '/JY) vv::r-- Vli L11.1. , Llit:: , v ay Vi. v I : U Notary Public, the undersigned offlcer, personally appeared KIMBERLY ARTHUR TRESSLER, who acknowledged herself to be the Vice President of PENNSYLVANIA FIDUCIARY AND ESTATE SERVICES, INC., Cumberland County, Pennsylvania, a Pennsylvania corporation, and that she as such Vice President, being authorized to do so, executed the foregoing Trust Agreement for the purposes therein contained by signing the n~~e of the corporation by herself as Vice _ i I N;:;:&;,o.1 Se2.l - I L Uroo Lee Gates, t~:J:ay Public Shir~;nan:;iDv~ Bora. C~mbe1a0d Comly tv~y C-orr.mi:::sion Expires (XL 3, 1995 tv~.:.::-:b.:;r. PsnrGylva.'lia Asscciatcn Gi NOla:ies SS: , 1995, before me, a President. IN WITNESS WHEREOF, I have set my hand and official Seal. ~ ,~~ ~~'A t PubllC .' My Commission Expires: Notari:il Se2I I Und:i Lee Gales. t~:Jt2jY PU'.y;;: . I Shiremanslovr.l Bora. ~mbertand 00untj 'I My Comrrussion &pres Oct. 3. 1S95 Momber, Penr.:;ylvaniaAsscciatcn GI j'-'Ola'l8S 11 SCHEDULE fl B 1'1 SCHEDULE REFERRED TO IN THE 1>.,NNEXED JOHN J. FARRELL CHA_RIT~RLE R~=~I~mER t~rITRUST AGRE&~JT DATED: 1995 FROM JOHN J. FARRELL, DONOR TO PENNSYLVANIA FIDUCI~_~Y AND ESTATE SERVICES, INC., TRUSTEE Desiqnation of Recipient Charities Pursuant to the power reserved by the Donor under paragraph (A) 'of Article VI of the attached trJst, the Donor hereby designates the following Recipient Charities to receive the Trust Estate as allocated below: Permanent Allocation: % to % to % to % t- r'\ '- '-' % to % to Revocable Allocation: % to % to % to % to % to % to Any Recipient Charity named herein must be an organization described in Sections 170(c), 2055(a) and 2522(a) of the Code at the time when any of the Trust Estate is distributed to it. Any allocation made as a Revocable Allocation may be revoked or a~ended by the Donor at any time or times by delivering an executed Schedule "C" to the Trustee. If the Donor has not made the direction as to the allocation of the entire Trust Estate, or if anyone or more of the Recipient Charities named herein is not an organization described in Sections 170(c), 2055(a) and 2522(a) of the Code at the time when any of the Trust Estate is distributed to it, then the portion of the Trust Estate not distributed under this Schedule iiBii shall be distributed in accordance with the provisions of Article VI of the Trust Agreement. JOHN J. FARRELL, DONOR COMMONWEALTH OF PENNSYLVANIA ss: COlmTY OF On this, the day of , 1995, before me, a Notary Public, the undersigned officer, personally appeared JOHN J. FAP~ELL, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Designation of Recipient Chari ties, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have set my hand and official Seal. "'1_.... ~........... n....\....'..:_ L"Ul.-Cl.l.j' .rUJJ-L-L~ My Commission Expires: The within Designation of Recipient Charities was delivered, and is hereby accepted, at , Pennsylvania, on ___ , 1995. ATTEST: PENNSYLVANIA FIDUCIARY AND ESTATE SERVICES, INC., TRUSTEE BY: (SEAL) KIMBERLY ~~THL~ TRESSLER, VICE PRESIDENT AND TRUST ~~AGER 13 SCHEDULE "C" SCH:EDULE REFEF_~ED TO IN THE ANNEXED JOHN J. F~_~RELL ~H_~~IT~~LE R~~I~mER L~1ITRUST AGRE&V~.~ DATED: , 1995 FROM JOHN ~. FARRELL, DONOR TO PENNSYLVANIA FIDUCI1L~Y AND ESTATE SERVICES, INC., TRUSTEE Amendment of Revocable Allocations Pursuant to the power reserved by the Donor under paragraph (B) of Article VI of the attached trust, the Donor hereby revokes the Revocable Allocation set forth in: 1) the Designation of Recipient Charities, Schedule "B", dated , 19_; and, 2) any J>..mendment of Revocable Allocation, Schedule "C", which Donor has heretofore executed. Donor hereby arrlends said Schedule "B" by designating the following Recipient Chari ties to receive the Trust Estate as allocated below; Revocable Allocation: % to % to % to % to % to % to Any Recipient Charity named herein must be an organization described in Sections 170(c), 2055(a) and 2522(a) of the Code at the time when any of the Trust Estate is distributed to it. Any allocation made as a Revocable Allocation may be revoked or fu~ended by the Donor at any time or times by delivering an executed Schedule !!e!! to the TLllstee. If the Donor has not made the direction as to the allocation of the entire Trust Estate, or if anyone or more of the Recipient Charities named herein is not an organization described in Sections 170(c); 2055(a) and 2522(a) of the Code at the time when any of the Trust Estate is distributed to it, then the portion of the Trust Estate not distributed under this Schedule and Schedule !!E!! shall be distributed in accordance with the provisions of Article VI of the Trust Agreement. This Schedule "C" shall not affect the Permanent Allocation set forth in Schedule "B", and any defects in this Schedule "e" or the execution hereof shall not affect the validity and enforcement of the Perrnanent Allocation set forth in Schedule "B". If Donor has executed this Schedule "C" without designating any Recipient Charities herein, this instrument shall nonetheless operate as a revocation of any Revocable Allocation previously made by Donor. JOHN J. FARRELL, DONOR COMMONWEALTH OF PENNSYLVANIA ss: COUNTY OF On this, the day of , 1995, before me, a Notary Public, the undersigned officer, personally appeared JOH1~ J. FARRELL, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Amendment of Revocable Allocation, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have set my hand and official Seal. Notary Public My Commission Expires: The within Amendment of Revocable Allocation was delivered, and is hereby accepted, at , pennsylvania, on --- , 1995. ATTEST: PENNSYLVANIA FIDUCIARY AND ESTATE SERVICES, INC., TRUSTEE BY: VTM"C'ti''OT.V l1 '01j'I'tlTT'O "''O'l<'~ ~T .'l<'~ ............~........~. ~..........""'.." ...................,...._..-./ { SEAL} VICE PRESID~lT ~ID TRUST ~~~AGER 15 Lowell R. Gates, Esquire PA. No. 46779 Gates, Halbruner & Hatch, P.C. 1013 Mumma Road, Suite 100 Lemoyne, P A 17043 Phone: (717) 731-9600 Facsimile: (717) 731-9627 Attorneys for Trustee INRE: THE JOHN J. FARRELL CHARITABLE REMAINDER UNITRUST : IN THE COURT OF COMMON PLEAS , : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHAN'S COURT DIVISION :No. ~l-blJ-1 \~ PETITION For Approval of First and Final Account The petition of Community Trust Company, formerly known as Pennsylvania Fiduciary and Estate Services, Inc., Trustee, as herein described (herein referred to as "Accountant" or "Trustee"), by and through its Attorneys, Gates, Halbruner & Hatch, P .C., respectfully represents the following: 1. The principal corporate office of the Trustee is 3907 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. On May 10, 1995, John J. Farrell, as Donor, signed and executed The John J. Farrell Charitable Remainder Unitrust UIA dated May 10, 1995 (herein referred to as the "Trust" 1 or the "Trust Agreement"). A copy of the Trust Agreement is attached to the Accounting as Exhibit "A". 3. The Trust Agreement originally named Pennsylvania Fiduciary and Estate Services, Inc., as the Trustee. On October 1, 1998, by corporate conversion, Pennsylvania Fiduciary and Estate Services, Inc. was converted to Community Trust Company, a trust company regulated by the Pennsylvania Department of Banking. Community Trust Company is the successor-in-interest to Pennsylvania Fiduciary and Estate Services, Inc. 4. Article III, Section A of the Trust Agreement provides, in pertinent part, that the Trustee must pay to John J. Farrell, as the Recipient, for his lifetime, a Unitrust Amount equal to the lesser of six percent (6.0%) of the net fair market value of the Trust or the Trust's annual net income. Upon the death of John J. Farrell, the Unitrust Amount is payable to John J. Farrell's spouse, LaRue S. Farrell, for the remainder of her lifetime. 5. Article VI ofthe Trust provides, in pertinent part, that upon the death of John J. Farrell and LaRue S. Farrell, the remaining principal of the Trust is distributed to various charitable organizations. The list of default charitable organizations and their respective percentages can be found in ARTICLE VI, Section C. 6. Pursuant to ARTICLE X of the Trust Agreement, entitled "Governing Law and Construction of Trust," the situs of the Trust is Cumberland County, Pennsylvania. 7. No other court has heretofore taken jurisdiction of any matter relating to the Trust. 8. The Trust fund now before the court is not subject to the payment of Pennsylvania Inheritance Tax, and is not subject to payment of Pennsylvania Estate Tax. 2 9. An accounting of this Trust was not heretofore filed by the Accountant. 10. Accountant, Trustee, offers this Account for the purpose of seeking approval by the Court of prior transactions, expenses, distributions and disbursements. 11. The names, addresses, relationships and interests of all persons or entities having any interest in the Trust are as follows: (1) John J. Farrell resides at 1477 Oak Forest Drive, The Villages, Sumter County, Florida 32162. John J. Farrell is the Donor and lifetime beneficiary of the Trust (Recipient) having a present life estate in the Trust consisting of annual income payments computed under ARTICLE III, Section A of the Trust. John J. Farrell is not the subject of a guardian or committee of any type; and, (2) LaRue S. Farrell resides at 1477 Oak Forest Drive, The Villages, Sumter County, Florida 32162. LaRue S. Farrell is the spouse of the Donor and is named as the contingent lifetime beneficiary ofthe Trust (survivor Recipient) upon the death of John J. Farrell, if she should survive him. LaRue S. Farrell is not the subject of a guardian or committee of any type; and, (3) The Commonwealth of Pennsylvania, Attorney General's Office, Department of Charitable Trusts and Organizations, with offices at the 14th Floor, Strawberry Square, Harrisburg, P A 17120, represents the charitable organizations. (4) Franklin & Marshall College, Lancaster, Pennsylvania, will receive sixty percent (60%) of the remaining trust estate, to be used in the discretion of its governing board; 3 (5) Baldwin-Wallace College, Berea, Ohio, will receive thirty-five percent (35%) of the remaining trust estate, to be used in the discretion of its governing board; and, (6) Space Studies Institute, Princeton, New Jersey, will receive Five percent (5%) of the remaining trust estate, to be used in the discretion of its governing board. 12. All ofthe above-described parties having any interest in the Trust and any unpaid creditors of the Trust have had actual notice of the filing of the Account and this audit. 13. All disbursement and distributions to or on behalf of the Recipient, and payment of expenses incurred by the Trust were authorized by the Trust Agreement and approved by the Trustee. 14. No share of any party in interest has been assigned or attached. 15. The Accountant does request that the Court approve and confirm a Statement of Proposed Distribution. 16. Your petitioner, therefore, asks that this Court approve and confirm all prior transactions, expenses, distributions and disbursements paid from the Trust as outlined in the attached Account, and that this Court approve the Statement of Proposed Distribution attached to the Account. Date: February b, 2006 By: Lowe R. Gates, Esq. 4 VERIFICATION I, Susan A. Russell, President & CEO of Community Trust Company, Trustee, state that I have reviewed the foregoing Petition for Approval of First and Final Account of The John J Farrell Charitable Remainder Unitrust and verify that the facts contained therein are true and correct to the best of my knowledge, information and belief. I further verify that these statements made by me are subject to the penalties of 18 Pa. C.S.A. 9 4904 relating to unsworn falsification to authorities. Community Trust Company, Trustee, Petitioner Date: February '-.3 ,2006 ~~C/~ Susan A. Russell, President & CEO 5 Lowell R. Gates, Esquire P A. No. 46779 Gates, Ha1bruner & Hatch, P.C. 10 13 Mumma Road, Suite 100 Lemoyne, PA 17043 Phone: (717) 731-9600 Facsimile: (717) 731-9627 Attorneys for Applicant INRE: THE JOHN J. FARRELL CHARITABLE REMAINDER UNITRUST : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA '--.' : ORPHAN'S COURT DIVISION ; No. ~ 1- 0 (p- 01/5- APPLICATION OF DONOR JOHN J. FARRELL FOR THE TERMINATION OF THE JOHN J. FARRELL CHARITABLE REMAINDER UNITRUST Pursuant to 20 Pa. C.S.A. S 6110(c), Applicant, John J. Farrell (hereinafter, "Applicant" or "Donor"), by and through his attorneys, Gates, Ha1bruner & Hatch, P.C., hereby requests that this court terminate The John J. Farrell Charitable Remainder Unitrust dated May 10, 1995 (hereinafter "the Trust" or "the Trust Agreement") and distribute the assets of the Trust to the charitable organizations designated in the Trust Agreement and in support thereof avers as follows: 1. Jurisdiction over this matter is appropriate pursuant to 20 Pa. C.S.A. S 711(3). Venue is proper pursuant to 20 Pa. C.S.A. SS 722, 724(a), as the situs ofthe Trust is expressly provided for in Article X of the Trust Agreement. 1 2. The Trust was established by Donor, John J. Farrell, on May 10, 1995, wherein Donor named Community Trust Company, formerly known as Pennsylvania Fiduciary and Estate Services, Inc., a Pennsylvania trust company, as Trustee. A true and correct copy of the Trust Agreement is attached hereto as Exhibit "A". 3. The Trust Agreement states that the Unitrust Amount, which is the lesser of the Trust income for the taxable year and six percent (6%) of the fair market value of the Trust Estate, is to be paid to Donor for life and then, upon Donor's death, to Donor's spouse, LaRue S. Farrell, for her life. 4. After the death of both the Donor, John J. Farrell, and the Donor's spouse, LaRue S. Farrell, the remainder of the Trust Estate is to be distributed to the following charities in the following percentages: a. Sixty percent (60%) to Franklin & Marshall College, Lancaster, Pennsylvania, to be used in the discretion of its governing board; b. Thirty-five percent (35%) to Baldwin-Wallace College, Berea, Ohio, to be used in the discretion of its governing board; and, c. Five percent (5%) to Space Studies Institute, Princeton, New Jersey, to be used in the discretion of its governing board. 5. Neither the Donor, John J. Farrell, nor the Donor's spouse, LaRue S. Farrell (jointly referred to as "Recipients") have ever taken a distribution of the Unitrust Amount. 6. As of December 31, 2004, the unpaid Unitrust Amount equals Two Hundred Seventy-Seven Thousand Nine Hundred Fifty-Three and 36/1 00 Dollars ($277,953.36). 2 7. However, as of December 31,2004, the fair market value of the Trust is estimated to be Two Hundred Thirty-Seven Thousand Two Hundred Twenty-Nine and 97/100 Dollars ($237,229.97). 8. The Trust Estate includes 263 shares of common stock of Blacklight Power, Inc. with an approximate fair market value of $2,000.00 per share, and a total fair market value of $526,000.00. The Blacklight Power, Inc. stock has only limited marketability. 9. Community Trust Company, as Trustee, has had limited success selling the Blacklight Power, Inc. stock. 10. Neither of the Recipients wishes to be paid the accrued Unitrust Amount to which they would otherwise be entitled, and they have disclaimed by signed affidavit any right thereto. True and correct copies of the Affidavit and Disclaimer of Right to Receive Distribution for each of John J. Farrell and LaRue S. Farrell are attached hereto as Exhibit "B". 11. Furthermore, as of December 31, 2004, the Trustee's fees paid out of the Trust Estate exceeded the Trust's annual income. True and correct copies of the trust tax returns, including IRS Form 1041-A, IRS Form 5227, and Pennsylvania Form PA-41 for calendar year 2004, are attached hereto as Exhibit "C". 12. Thus, the existence of the Trust is resulting in, and will continue to result in, administrative expense unreasonably out of proportion to the charitable benefits. 13. A First and Final Accounting and a Statement of Proposed Distribution are being filed simultaneously with this Application for court approval. 3 WHEREFORE, Applicant, John J. Farrell, respectfully requests that this honorable court terminate The John J. Farrell Charitable Remainder Unitrust and distribute the assets ofthe Trust in accordance with the proposed distribution. Date: February ~'}- ,2006 itted, ER & HATCH, P .C. 4 THE JOHN J. FARRELL CHARITABLE REMAINDER u~ITRUST THIS~ST AGREEMENT is executed in triplicate on this ~ day of rI J I ~ ' 1995, by and between JOHN J. FARRELL, now of 128 Oak nolI Clrcle, Mlllersville, Lancaster County, Pennsylvania (herein referred to as "Donor"), and PENNSYLVANIA FIDUCIARY AND ESTATE SERVICES, INC., a Pennsylvania corporation, with its registered office at 600 North Twelfth Street, Suite 4, Lemoyne, Cumberland County, Pennsylvania 17043 (herein referred to as "Trustee"). (~C((] [6)~ '\~~/ U U WITNESSETH: WHEREAS, Donor desires to establish a charitable remainder unitrust within the meaning of Section 5 of the Internal Revenue Service Revenue Procedure 90-31, 1990-25 I.R.B. 14, and Section 664(d) (2) of the Internal Revenue Code of 1986, as now in effect or as may hereafter be amended (the "Code"), NOW THEREFORE, for and in consideration of their mutual covenants and promises, Donor and Trustee agree as follows: ARTICLE I. TRUST ESTATE Donor, desiring to establish an irrevocable trust, does hereby absolutely and irrevocably transfer, assign and deliver to the Trustee and the Trustee's successors and assigns all of Donor's rights, titles and interests in and to the assets listed on Schedule "A", attached hereto and made a part hereof (herein referred to as the "Trust Estate"). As further evidence of such assignment, Donor has executed or will execute or cause to be executed such other instruments as may be required for the purposes of completing the assignment or transfer of title to the Trust Estate to the Trustee. Trustee accepts the transfer and assignment to the Trustee, and undertakes to hold, manage, invest and reinvest the assets of this Trust, and to distribute the income and principal of this Trust, IN TRUST NEVERTHELESS, in accordance with the provisions of this Agreement. Donor, with the consent of the Trustee, shall have the right at any time to make additions to the principal of this Trust or any share thereof hereby established. All the additions shall be held, governed, and distributed by the Trustee, IN TRUST NEVERTHELESS, in accordance with the terms and conditions of this Agreement. ARTICLE II. IRREVOCABILITY AND LIMITED POWER OF AMENDMENT Donor has been advised of the consequences of an irrevocable trust and hereby declares that this Trust shall be irrevocable and shall not be altered, amended, revoked, or terminated by Donor or any other person or persons, except as provided below. The Trus tee shall have the power, acting alone, to amend the Trust in any manner required for the sole purpose of ensuring that the Trust qualifies and continues to qualify as a charitable remainder unitrust within the meaning of Section 664(d) (2) and (3) of the Code. ARTICLE III. PAYMENT OF ONITRUST AMOUNT (A) Calculations and Recipients of Unitrust Amount. In each taxable year of the Trust, the Trustee shall pay to Donor, JOHN J. FARRELL, during his lifetime, and after his death to Donor's spouse, LARUE S. FARRELL, for such time as Donor's spouse survives (Donor and Donor's spouse herein referred to as the "Recipients"), a unitrust amount equal to the lesser of: (a) the Trust income for the taxable year, as defined in Section 643(b) of the Code and the regulations thereunder; and, (b) six percent (6%) of the net fair market value of the Trust Estate as of the first day of each taxable year of the Trust (said day herein referred to as the "Valuation Date"). The unitrust amount for any year shall also include any amount of Trust income for such year that is in excess of the percentage amount required to be distributed under clause (b) of the previous sentence to the extent that the aggregate of the amounts paid in prior years was less than the aggregate of the amounts computed as six percent (6%) of the net fair market value of the Trust Estate on the Valuation Dates. Any income of the Trust for a taxable year in excess of the unitrust amount shall be added to the Trust principal. (B) Quarterly Pay-ment of Unitrust Amount. The unitrust amount shall be paid in quarterly installments, for the quarters ending March 31, June 30, September 30, and December 31, not later than forty-five (45) days after the close of the quarter. (C) Adjustment of Errors. If for any year the net fair market value of the Trust Estate is incorrectly determined, then within a reasonable period after the value is finally determined for federal tax purposes, the Trustee shall pay to the Recipients (in the case of an undervaluation) or receive from the Recipients (in the case of an overvaluation) an amount equal to the difference between the unitrust amount properly payable and the unitrust amount actually paid. ARTICLE IV. PAYMENT OF FEDERAL ESTATE TAXES AND STATE DEATH TAXES The lifetime unitrust interest of the second Recipient, will take effect upon the death of the first Recipient, only if the 2 second Recipient furnishes the funds for payment of any federal estate taxes or state death taxes for which the Trustee may be liable upon the death of the first Recipient. ARTICLE V. PRORATION OF THE UNITRUST AMOUNT In determining the unitrust amount, the Trustee shall prorate the same on a daily basis for a short taxable year or short quarterly period and for the taxable year or quarterly period ending with the survivor Recipient's death. ARTICLE VI. DISTRIBUTION TO CHARITY (A) Distribution of Trust Estate. Upon the death of the survivor Recipient, the Trustee shall distribute all of the then- remaining Trust Estate and any and all accrued income of the Trust (excluding any amounts due to either of the Recipients or their estates under the provisions of this Trust Agreement) to the Recipient Charities named by Donor on the permanent allocation ("Permanent Allocation") and the temporary allocation ("Revocable Allocation") detailed on a notice delivered to the Trustee which form is attached hereto as Schedule "B". Any portion of the Trust Estate designated as a Permanent Allocation shall be irrevocable and may not be amended at any time or times by Donor. Any portion of the Trust Estate designated as a Revocable Allocation may be amended or revised by Donor by delivering' a new Revocable Allocation in the manner described in paragraph (B) of this ArtiCle VI or by delivering a Permanent Allocation in the manner described. The Recipient Charities named in the Permanent Allocation and Revocable Allocation must satisfy the requirements of Sections 170(c}, 2055(a) and 2522(a) of the Code, at the time when any of the Trust Estate is distributed to them. If one or more, but not all, of the Recipient Charities named in the Permanent Allocation and Revocable Allocation shall not qualify as an organization described in Sections l70(c}, 2055(a} and 2522(a} of the Code at the time when any the Trust Estate is distributed to them, then the portion of the Trust Estate which would otherwise have been distributed to the non-qualifying Recipient Charities shall be apportioned among the remaining Recipient Charities on a pro rata basis. If all of the Recipient Charities named in the Permanent Allocation and Revocable Allocation fail to satisfy the requirements of Sections l70(c), 2055(a} and 2522(a} of the Code at the time when any of the Trust Estate is distributed to them, then the Trust Estate shall be distributed in the manner set forth in paragraph (C) of this Article VI. (B) Revocable Allocations. Donor may amend the Revocable Allocation by delivering written notice to the Trustee in the form attached hereto as Schedule "C". Such notice may be changed at any time during Donor's lifetime by delivering a new Schedule "C" to 3 the Trustee. Any Recipient Charities named in Schedule "C" must satisfy the requirements of Sections 170(c), 2055(a) and 2522(a) of the Code at the time when any of the Trust Estate is distributed to them. (C) Failure to Designate Recipient Charities. If, upon the death of the survivor Recipient, Donor has not made any Permanent Alloca tion in the manner described above and has not made any Revocable Allocation which were not revoked in the manner described above, or if none of the Recipient Charities named in the Permanent Allocation and Revocable Allocation shall qualify as an organization described in Sections 170(c), 2055(a) and 2522(a) of the Code at the time when any of the Trust Estate is distributed to them, then the Trustee shall distribute the balance of the Trust Estate to the following recipient charities ("Default Recipient Charities"), in the following percentages, provided that the Default Recipient Charities qualify as a organization described in Sections 170(c), 2055(a) and 2522(a) of the Code at the time when any of the Trust Estate is distributed to them: 1) Sixty percent (60%) to FRANKLIN & MARSHALL COLLEGE, Lancaster Pennsylvania, to be used in the discretion of its governing board; 2) Thirty-Five percent (35%) to BALDWIN-WALLACE COLLEGE, 275 Eastland Road, Berea, Ohio, to be used in the discretion of its governing board; and, 3) Five percent (5%) to SPACE STUDIES INSTITUTE, P.O. Box 82, Princeton, New Jersey, to be used in the discretion of its governing board. If any of the foregoing Default Recipient Charities fail to satisfy the requirements of Sections 170(c), 2055(a) and 2522(a) of the Code at the time when any of the Trust Estate is distributed to them, then the Trust Estate shall be distributed equally among the remaining Default Recipient Charities. If Donor fails to designate any Recipient Charities which satisfy the requirements of Sections 170(c), 2055(a) and 2522(a) of the Code at the time when any of the Trust Estate is distributed to them, and if none of the Default Recipient Charities shall satisfy the requirements of Sections l70(c), 2055(a) and 2522(a) of the Code at the time when any of the Trust Estate is distributed to them, then the Trustee shall select, in its sole discretion, such one or more organizations, satisfying the requirements of Sections 170(c), 2055(a) and 2522(a) of the Code, each of which is engaged in comparable activities and is located in the Central Pennsylvania area. (D) Distribution of Unallocated Trust Estate. If Donor has not made a direction as to the allocation of the entire Trust Estate, then the portion of the Trust Estate which is not otherwise allocated shall be distributed in accordance with paragraph (e) of 4 this Article VI. ARTICLE VII. ADDITIONAL CONTRIBUTIONS If any additional contributions are made to the Trust after the initial contribution, the unitrust amount for the year in which the additional contribution is made shall be equal to the lesser of (a) the Trust income for the taxable year, as defined in Section 643(b) of the Code and the regulations thereunder, and (b) six percent (6%) of the sum of (1) the net fair market value of the Trust Estate as of the Valuation Date (excluding the Estate so added and any income from, or appreciation on, such assets) and (2) that proportion of the fair market value of the assets so added that was excluded under (1) that the number of days in the period that begins with the date of contribution and ends with the earlier of the last day of the taxable year or the date of death of the survivor Recipient bears to the number of days in the period that begins on the first day of such taxable year and ends with the earlier of the last day in such taxable year or the date of death of the survivor Recipient. In the case where there is no Valuation Date after the time of contribution, the assets so added shall be valued as of the time of contribution. The unitrust amount for any such year shall also include any amount of Trust income for such year that is in excess of the amount required to be distributed under (b) above to the extent that the aggregate of the amounts paid in prior years was less than the aggregate of the amounts computed as six percent (6%) of the net fair market value of the Trust Estate on the Valuation Dates. ARTICLE VIII. PROHIBITED TRANSACTIONS The Trustee shall make distributions at such time and in such manner as not to subject the Trust to tax under Section 4942 of the Code. Except for the payment of the unitrust amount to the Recipients, the Trustee shall not engage in any act of self- dealing, as defined in Section 4941(d) of the Code, and shall not make any taxable expenditures, as defined in Section 4945(d) of the Code. The Trustee shall not make any investments that jeopardize the charitable purpose of the Trust, within the meaning of Section 4944 of the Code and the regulations thereunder, or retain any excess business holdings, within the meaning of Section 4943(c) of the Code and the regulations thereunder. ARTICLE IX. TAXABLE YEAR The taxable year of the Trust shall be the calendar year. 5 ARTICLE X. GOVERNING LAW AND CONSTRUCTION OF TRUST The Trust shall have its legal situs in Cumberland County, Pennsylvania, and shall be administered and interpreted in accordance with the laws of the Commonwealth of Pennsylvania. The Trustee, however, is prohibited from exercising any power or discretion granted under said laws that would be inconsistent with the qualification of the Trust under Section 664(d) (2) and (3) of the Code and the corresponding regulations. Unless otherwise stated, all references in this Trust to section and chapter numbers are to those of the Internal Revenue Code of 1986, as amended, or corresponding provisions of any subsequent federal tax laws applicable to this Trust. Unless the context otherwise requires, the use of one or more genders in the text includes all other genders, and the use of either the singular or the plural in the text includes both the singular and the plural. The captions set forth in this Agreement at the beginning of the various divisions hereo'f are for convenience of reference only and shall not be deemed to define or limit the provisions hereof or to affect in any way their construction and application. ARTICLE XI. INVESTMENT OF TRUST ESTATE Nothing in this Trust instrument shall be construed to restrict the Trustee from investing the Trust Estate in a manner that could result in the annual realization of a reasonable amount of income or gain from the sale or disposition of Trust Estate. ARTICLE XII. GENERAL POWERS OF TRUSTEE In addition to such other powers and duties as may have been granted elsewhere in this Trust, but subject to any limitations contained elsewhere in this Trust, the Trustee shall have the fOllowing powers and duties: (A) In the management, care and disposition of this Trust, the Trustee shall have the power to do all things and to execute such deeds, instruments, and other documents as may be deemed necessary and proper, inCluding the following powers, all of which may be exercised without order of or report to any court: (1) To sell, exchange, or otherwise dispose of any property, real, personal or mixed, at any time held or acquired hereunder, at public or private sale, for cash or on terms as may be determined by the Trustee, without advertisement, inCluding the right to lease for any term notwithstanding the period of the Trust, and to grant options, including an option for a period beyond the duration of the Trust and to do all things and to execute such deeds, 6 instruments and other documents as may be necessary and proper. (2) To invest all monies in such stocks, bonds, securities, investment companies or trust shares, mortgages, notes, choses in action, real estate, improvements thereon, and other property as the Trustee may deem best, without regard to any law now or hereafter in force limiting investments of fiduciaries. (3) To retain for investment any property deposited with the Trustee hereunder. (4) To vote in person or by proxy any corporate stock or other security and to agree to or take any other action in regard to any reorganization, merger, consolidation, liquidation, bankruptcy or other procedure or proceedings affecting any stock, bond, note or other security held by this Trust. (5) To use lawyers, real estate brokers, accountants and any other agents, if such emplOYment is deemed necessary or desirable, and to pay reasonable compensation for their services. (6) To compromise, settle or adjust any claim or demand by or against the Trust and to agree to any rescission or modification of any contract or agreement affecting the Trust. (7) To renew any indebtedness, as well as to borrow money, and to secure the same by mortgaging, pledging or conveying any property of the Trust, including the power to borrow from the Trustee (in the Trustee's individual capacity) at a reasonable rate of interest. (8) To register any stock, bond or other security in the name of a nominee, without the addition of words indicating that such security is held in a fiduciary capacity, but accurate records shall be maintained Showing that the stock, bond or other security is a trust asset and the Trustee shall be responsible for the acts of the nominee. (B) In making distributions from the Trust to or for the benefit of a person under a legal disability, the Trustee need not require the appointment of a guardian, but shall be authorized to payor deliver the distribution to the custodian of the person, to payor deliver the distribution to the person without the intervention of a guardian, to payor deliver the distribution to the legal guardian of the person if a guardian has already been appointed, or to use the distribution for the benefit of the person. 7 (C) In the distribution of the Trust and any division into separate trusts and shares, the Trustee shall be authorized to make the distribution and division in money or in kind or in both, regardless of the basis for income tax purposes of any property distributed or divided in kind, and the distribution and division made and the values established by the Trustee shall be binding and conclusive on all persons taking hereunder. The Trustee may in making the distribution or division allot undivided interests in the same property to several trusts or shares. ARTICLE XIII. SURETY AND COMPENSATION OF TRUSTEE The Trustee shall serve wi thout the duty or obligation of filing any bond or other security and shall receive as its compensation for the services performed hereunder that sum of money, based on an hourly charge or percentage rate, which the Trustee normally and customarily charges for performing similar services during the time which it performs these services. ARTICLE XIV. SPENDTHRIFT TRUST No beneficiary shall have the power to anticipate, encumber or transfer his interest in the Trust Estate in any manner. No part of the Trust Estate shall be liable for or charged with any debts, contracts, liabilities or torts of a beneficiary or Subject to seizure or other process by any creditor of a beneficiary. ARTICLE XV. SUCCESSOR TRUSTEE (A) Removal of Trustee. The then-current Recipient may remove the Trustee at any time or times, with or without cause, upon thirty (3D) days' written notice given to the current Trustee. Upon the removal of the Trustee, a successor Trustee shall be appointed in accordance with the terms set forth in paragraph (B) of this Article XV. (B) Successor Trustee. The Trustee may resign at any time upon thirty (3D) days' written notice given to the then-current Recipient. Upon the death, resignation, removal or incapacity of the Trustee, a Successor Trustee may be appointed by the then- current Recipient. Any Successor Trustee shall be a financially sound and competent corporate trustee. Any Successor Trustee thus appointed, or, if the Trustee shall merge with or be consolidated with another corporate fiduciary, then such corporate fiduciary, shall succeed to all the duties and to all the powers, inCluding discretionary powers, herein granted to the Trustee. Donor prohibits the appointment of Donor as Trustee, and any attempt to do so shall be without authority under this Agreement. Donor prohibi ts the appointment of Donor's legal guardian or legal 8 representative as Trustee, and any attempt to do so shall be without authority under this Agreement. IN WITNESS WHEREOF, Donor has hereunto set his hand and seal, and the Trustee has caused this Agreement to be signed by its authorized officer and to have its seal affixed to and to be attested to, all on the day and year first above written. WITNESS: DONOR: JO (SEAL) ,j;~l .Jv" - (72a !/(!U l ~,/ ~1_,'tj# / The forego~ng Trust Agreement was delivered, and is hereby accepted, at ~.' YYt.&'AJ/!1 t- , Pennsyl vania, on Yl( iV-r- i () 1995. cr: () '- J ATTEST: PENNSYLVANIA FIDUCIARY AND ESTATE SERVICES, INC., TRUSTEE BY: - /ii&-UA_( SEAL) ( 9 SCHEDULE "A" SCHEDULE REFERRED TO IN THE ANNEXED JOHN J. FARRELL CHARITABLE REMAINDER UNITRUST AGREEMENT DATED: 'Y-n 7/0 , 1995 FROM JOHN J. FARRELL, DONOR TO PENNSYLVANIA FIDUCIARY AND ESTATE SERVICES, INC., TRUSTEE Property Description: WITNESS: DONOR: ~,1f10 ~ $t'l/ud!rC, ~~-~ JO-U' F~ (SEAL) ATTEST: PENNSYLVANIA FIDUCIARY AND ESTATE SERVICES, INC., TRUSTEE EAL) , '--- - COMMONWEALTH--". PENN. SYLVANIA ~ COUNTY OF ~':'-'71-t:. ~<..h. : On this, the 16~ day of '--n1 tZ.-~)-... , 1995, before me, a Notary Public, the undersigned officer,Upersonally appeared JOHN J. FARRELL, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Trust Agreement, and acknowledged that he executed the same for the purposes therein contained. SS: IN WITNESS WHEREOF, I have set my hand and official Seal. f~ 'd-, d~f~ Nd'ta Public l My Commission Expires: Nr ,-,.; -' Se2l Und.J. Lee ~~, Notary Publ:C Shir(;marotovm Born, Cumt.e:ia!1d County My Corr.mission Expires Oct. 3, 19S5 M.:.rr:b<;r, Pennsylvarna Assoaatcn of Nola.'les COMMONWEAL~ PENNSYLVANIA : COUNTY OF Cl">t1/J1..-~h- ; On this, the I {j v-A day of ~ ~ ' 1995, before me, a Notary Public, the undersigned off~cer, personally appeared KIMBERLY ARTHUR TRESSLER, who acknowledged herself to be the Vice President of PENNSYLVANIA FIDUCIARY AND ESTATE SERVICES, INC., Cumberland County, Pennsylvania, a Pennsylvania corporation, and that she as such Vice President, being authorized to do so, executed the foregoing Trust Agreement for the purposes therein contained by signing the na~e of the corporation by herself as Vice President. SS: IN WITNESS WHEREOF, I have set my hand and official Seal. r=:! .' ~l,:t?-/ <14-h,~ ~~ion Expires: Notari~ Seal Undo Lee Gates, Nota.-y Pl.'btic Shirema.'1Sluwn Bora, CUmberk'l.r1d County My Corr.mission Expires Oct. 9, 1995 Member. PennsylvanlaAsscdatcn of j";otaries 11 SCHEDULE "B" SCHEDULE REFERRED TO IN THE ANNEXED JOHN J. FARRELL CHARITABLE REMAINDER ONITRUST AGREEMENT DATED: , 1995 FROM JOHN J. FARRELL, DONOR TO PENNSYLVANIA FIDUCIARY AND ESTATE SERVICES, INC., TRUSTEE Desiqnation of Recipient Charities Pursuant to the power reserved by the Donor under paragraph (A) 'of Article VI of the attached trust, the Donor hereby designates the following Recipient Charities to receive the Trust Estate as allocated below: Permanen t Allocation: % to % to % to % to % to % to Revocable Allocation: % to % to % to % to % to % to Any Recipient Charity named herein must be an organization described in Sections 170(c}, 2055(a} and 2522(a} of the Code at the time when any of the Trust Estate is distributed to it. Any allocation made as a Revocable Allocation may be revoked or amended by the Donor at any time or times by delivering an executed Schedule "C" to the Trustee. If the Donor has not made the direction as to the allocation of the entire Trust Estate, or if anyone or more of the Recipient Charities named herein is not an organization described in Sections 170(c}, 2055(a} and 2522(a} of the Code at the time when any of the Trust Estate is distributed to it, then the portion of the Trust Estate not distributed under this Schedule "B" shall be distributed in accordance with the provisions of Article VI of the Trust Agreement. JOHN J. FARRELL, DONOR COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF On this, the day of , 1995, before me, a Notary Public, the undersigned officer, personally appeared JOHN J. FARRELL, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Designation of Recipient Charities, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have set my hand and official Seal. Notar.i Public My Commission Expires: The within Designation of Recipient Charities was delivered, and is hereby accepted, at , Pennsylvania, on , 1995. ATTEST: PENNSYLVANIA FIDUCIARY AND ESTATE SERVICES, INC., TRUSTEE BY: (SEAL) KIMBERLY ARTHUR TRESSLER, VICE PRESIDENT AND TRUST MANAGER 13 SCHEDULE "C" SCHEDULE REFERRED TO IN THE ANNEXED JOHN J. FARRELL CHARITABLE REMAINDER UNITRUST AGREEMENT DATED: , 1995 FROM JOHN ~. FARRELL, DONOR TO PENNSYLVANIA FIDUCIARY AND ESTATE SERVICES, INC., TRUSTEE Amendment of Revocable Allocations Pursuant to the power reserved by the Donor under paragraph (B) of Article VI of the attached trust, the Donor hereby revokes the Revocable Allocation set forth in: 1} the Designation of Recipient Charities, Schedule "B", dated , 19_; and, 2) any Amendment of Revocable Allocation, Schedule "C", which Donor has heretofore executed. Donor hereby amends said Schedule "B" by designating the following Recipient Charities to receive the Trust Estate as allocated below: Revocable Allocation: % to % to % to % to % to % to Any Recipient Charity named herein must be an organization described in Sections 170(c), 2055(a} and 2522(a) of the Code at the time when any of the Trust Estate is distributed to it. Any allocation made as a Revocable Allocation may be revoked or amended by the Donor at any time or times by delivering an executed Schedule "C" to the Trustee. If the Donor has not made the direction as to the allocation of the entire Trust Estate, or if anyone or more of the Recipient Charities named herein is not an organization described in Sections 170(c), 2055(a) and 2522(a) of the Code at the time when any of the Trust Estate is distributed to it, then the portion of the Trust Estate not distributed under this Schedule and Schedule "B" shall be distributed in accordance with the provisions of Article VI of the Trust Agreement. This Schedule "c" shall not affect the Permanent Allocation set forth in Schedule "B", and any defects in this Schedule "C" or the execution hereof shall not affect the validity and enforcement of the Permanent Allocation set forth in Schedule "B". If Donor has executed this Schedule "C" without designating any Recipient Charities herein, this instrument shall nonetheless operate as a revocation of any Revocable Allocation previously made by Donor. JOHN J. FARRELL, DONOR COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF On this, the day of , 1995, before me, a Notary Public, the undersigned officer, personally appeared JOHN J. FARRELL, known to me (or satisfactorily proven) to be the person whose name is subscribed to the wi thin Amendment of Revocable Allocation, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have set my hand and official Seal. Notary Public My Commission Expires: The within Amendment of Revocable Allocation was delivered, and is hereby accepted, at , Pennsylvania, on ___ , 1995. ATTEST: PENNSYLVANIA FIDUCIARY AND ESTATE SERVICES, INC., TRUSTEE BY: (SEAL) KIMBERLY ARTHUR TRESSLER, VICE PRESIDENT AND TRUST MANAGER 15 AFFIDA VIT AND DISCLAIMER OF RIGHT TO RECEIVE DISTRIBUTION STATE OF FLORIDA COUNTY OF S WY"Y\.+e..v<. SS The undersigned Donor of The John J. Farrell Charitable Remainder Unitrust ("Trust"), John J. Farrell, having a right to receive from the Trust an annual payment for life of a Unitrust Amount equal to the lesser of: (1) the Trust income for the taxable year and (2) six percent (6%) of the net fair market value of the Trust Estate, hereby disclaims any right, title or interest to receive any current, future, and accrued payments of the Unitrust Amount. John J. Farrell has never received a payment ofthe Unitrust Amount, and it is his intention to disclaim his right to receive any payments in order to facilitate the termination of the Trust so that the assets of the Trust may pass, free and clear of trust, to the charitable beneficiaries designated therein. @oL ~ ~4 ,hn . Farrell, onor Sub.scribed and sworn to before me this?:b day of J() jvj . ,2006. 1fi':;:~ RHONOA THORNBURG P'Ji.<: :;~ MY COMMISSION 1/ 00 136238 ~~~ EXPIRES; July 22, 2006 "~~lif.."r.\,'"'' Bonded Thru Notary Pubhc UndelWliters AFFIDAVIT AND DISCLAIMER OF RIGHT TO RECEIVE DISTRIBUTION STATE OF FLORIDA SS COUNTY OF The undersigned spouse of the Donor of The John J. Farrell Charitable Remainder Unitrust ("Trust"), LaRue S. Farrell ("Donor's Spouse"), having a right to receive, after the death of the Donor, John J. Farrell, from the Trust an annual payment for life of a Unitrust Amount equal to the lesser of: (1) the Trust income for the taxable year and (2) six percent (6%) ofthe net fair market value of the Trust Estate, hereby disclaims any right, title or interest to receive any current, future, and accrued payments of the Unitrust Amount. Since Donor survives as of this date, LaRue S. Farrell has never received a payment of the Unitrust Amount, and it is her intention to disclaim his right to receive any payments in order to facilitate the termination of the Trust so that the assets of the Trust may pass, free and clear of trust, to the charitable beneficiaries designated therein. "-'i:/ J2~ c/~,a: .4Lf!/ . LaRue S. Farrell, Donor's Spouse Subscribed and swomJQjJefore me this.3.cL day of ,\ CLn ' ,2006. ~''i-.\j\~t~ RHONDA THORNBURG !.'f . :.\ MY COMMISSION # DO 136238 . j EXPIRES: July 22, 2006 ~ Booded Thru Notary PubItc Underwriters ,-..- -~.~, ..u no, LL'U..lUU-UUb-UUl -;HN FARRELL CRUT Fonn 1041-A (Rev. December 2000) U.s. Information Return Trust Accumulation of Charitable Amounts OM8 No. 1545-0094 Department of the Treasury internal Revenue Service Name of trust JOHN FARRELL CRUT Name of trustee COMMUNITY TRUST COMPANY Number, street, and room or suite no, (or P.O, box) 3907 MARKET STREET City or town, state, and ZIP code CAMP HILL, PA 17011 For calendar year 2004 Employer identification no. 25-6498158 FILE FEB 26 2005 Income and Deductions (See the instructions for Form 1041 or Form 5227.) If total income is $25,000 or less, skip lines 1-8 and enter total income on line 9. COpy 1 Interest income 1 2 Dividends , . 2 , 3 Business income or (loss) (attach Schedule C or C-EZ (Form 1040)), 3 N 4 Capital gain or (loss) (attach Schedule D (Form 1041)) 4 C . . 0 5 Rents, royalties, partnerships, other estates and trusts, etc. (attach Schedule E (Form 1040)). 5 M 6 Farm income or (loss) (attach Schedule F (Form 1040)) 6 E Ordinary gain or (loss) Form 4797) 7 ( attach . . 7 8 Other income (state type of income) 8 9 Total income (combine lines 1 through 8) . . 9 10.67 D 10 Interest 10 E . . D 11 Taxes . . . . 11 U 12 Charitable deduction (itemize by charitable purpose; include payee's name and address) . 12 C 00 T 13 Trustee fees 13 2,353.41 I . 0 . 0 . . . . 0 14 Attorney, accountant, and return preparer fees . 0 o. 14 350.00 N S 15 Other deductions (attach schedule). . . . . . 0 15 veilHlll Distributions of Income Set Aside for Charitable Purposes (see instructions) 16 Accumulated income set aside in prior tax years for which a deduction was claimed under section 642(c) . . 0 . 0 . . . . . . . . . . . . . . . . 0 . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Income set aside in prior tax years for which a deduction was claimed under section 642(c) and which was distributed during the current tax year (itemize by charitable purpose; include payee's name and address) a 17a b 1Th c 1k d 17d e 17e 18 Total (add lines 17a through 17e) . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . 18 19 Balance (subtract line 18 from line 16) .. . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 20 Income set aside during the current tax year for which a deduction was claimed under section 642(c) (included in Part I, line 12) . . . . . 0 . . . . . . . . . . . . . . . 0 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 21 Carryover (add lines 19 and 20) . . . . . . . . . . . . 0 . . . . . . , . . . . 0 . . , . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . 21 tR#lJ.1WI Distributions of Principal for Charitable Purposes (see instructions) 22 Principal distributed in prior tax years for charitable purposes. . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Principal distributed during the current tax year for charitable purposes (itemize by charitable purpose; include payee's name and address) a 23a b 23b c 23c d 23d e 23e 24 Total (add lines 23a through 23e) . . . . . . . . . . . . . . , . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . For Paperwork Reduction Act Notice, see Instructions. JVA 4 1041A12 TWF10342 Copyright Forms (Software Only)-2004TW (Rev. 12-2000) ~;~vvv -LL;.);;'1U Jc'jVj "LJ0100-006-001 -'jHN FARRELL CRUT Forr,11041-A (Rev. 12-2000) Page 2 rgaitlVI Balance Sheets (see instructions). If line 9, page 1, is $25,000 or less, complete only lines 38, 42, and 45 (see instructions). Assets (a) Beginning-of- Year Book Value (b) End-of-Year Book Value 25 Cash -- non-interest bearing . . . . . . . . . . . . . . . . . . . . . . 26 Savings and temporary cash investments. . , . . . . . . . . . , . . . . . . . . . . . 27 a Accounts receivable. . . . . . , . . . . . . . . . . . . . . . . . 27a b Less: allowance for doubtful accounts. . . . . . . . . . 27b 28 a Notes and loans receivable. . . . . . . . . . . . . . . 28a b Less: allowance for doubtful accounts. . . . . 28b 29 Inventories for sale or use. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 30 Prepaid expenses and deferred charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 31 Investments -- U.S. and state government obligations (anach schedule) . . . . 31 32 Investments -- corporate stock (attach schedule) . . . . . . . . . . . . . . . . . . . . . 32 33 Investments -- corporate bonds (attach schedule) . . . . . . . . . . . . . . 33 34 a Investments -- land, buiidings, & equipment: basis 34a b Less: accumulated depreciation. . . . . . . . . 34b 35 Investments -- other (attach schedule) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 a Land, buildings, and equipment: basis. . . . . . . . . . 36a b Less: accumulated depreciation. . . . . . . . . . . . . . . 36b 37 Other assets (describe ~ ) 38 Total assets (add lines 25 through 37). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Liabilities 39 Accounts payable and accrued expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Mortgages and other notes payable (attach schedule). . . . . . . . . . . . . . . . . . . . . . 41 Other liabilities (descri be ~ ) 42 Total liabilities (add lines 39 through 41). . . . . . . . . . . . . . . . . . . . . . . . . . . . . Net Assets 43 44 45 46 Trust principal or corpus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Undistributed income and profits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Total net assets (add lines 43 and 44) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Total liabilities and net assets (add lines 42 and 45) ................... 46 Under penalties of perjury. I declare that I have examined this return, including accompanying schedules and statements, and to thebest of my knOwledge and belief. it is true, correct, an d complete. Declaration of pre parer (oth er than trustee) is based an all information of which preparer has any knowledge. 71,062.73 73,845.26 Sign Here Paid Preparer's Use Only Firm's name (or yours, if self-employed), address, & ZIP code ~ Signature of trustee or officer representing trustee ~reparer's ~ OT/ . AS.)1tY4t: SIgnature , A WJ'rlt-t1..4- TRUST TAX SERVICES OF AMERICA, INC. ~ P. O. BOX 60656 WORCESTER, MA 01606 ~ 02/26/2005 , Date Date 02/26/2005 Check if self- employed ~ Phone no. JVA 4 1041A12 TWF 10343 Copyright Farms (Software Only) - 2004 TW Form 5227 Split-Interest Trust Information Reh.ll n Department of the Treasury Internal Revenue Service ~ See separate instructions. Full name of trust JOHN FARRELL CRUT Name of trustee COMMUNITY TRUST COMPANY Number, street, and room or suite no. (If a P.O. box, see the instructions.) 3907 MARKET STREET City, state, and ZIP code CAMP HILL, PA 17011 10MB No. 1545-0196 2004 A Employer identification number 25-6498158 B Type of Entity (1) 0 Charitable lead trust (2) 0 Charitable remainder annuity trust described in sec. 664(d)(1) (3) ~ Charitable remainder unitrust described in section 664(d)(2) (4) 0 Pooled income fund described in section 642(c)(5) (5) 0 Other C Fair market value (FMV) of assets at end of tax year 326,897.92 E Check appll- Initial return Final return Amended return cable boxes (see instructions Change in trustee's ~ Name Address F Did the split-interest trust have any unrelated business taxable income (section 664 trusts only)? If "Yes," file Form 1041 . . . . . . . . . . . . . . . . . . . . . . H~1"t1 Ordinary Income (Section 664 trust only) Interest income. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2a Qualified dividends (see instructions). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2a b Ordinary dividends (including qualified dividends) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Business income or (loss) (attach Schedule C or C-EZ (Form 1040)). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Rents, royalties, partnerships, other estates and trusts, etc. (attach Schedule E (Form 1040)). . . . . . . . . . . . . . 5 Farm income or (loss) (attach Schedule F (Form 1040)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Ordinary gain or (loss) (attach Form 4797) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 No Other income (state nature of income) Total ordinary income (combine lines 1, 2b, and 3 through 7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Deductions Allocable to Ordinary Income Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other deductions (attach a separate sheet listing deductions). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Total deductions (add lines 9 through 11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ordinary income less deductions (subtract line 12 from line 8). Enter here and on line 21, column (a). . . . . . . Capital Gains (Losses) and Allocable Deductions 14 Total short-term capital gain or (loss) for tax year (attach Schedule D I I (Form 1041)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 15 Deductions allocable to short-term capital gains. . . . . . . . . . . . . . . . . . . . . . . . 15 16 Balance (subtract line 15 from line 14). Enter here and on line 21, column (b). . . . . . . . . . . . . . . . . . . . . . . . . 17a Total long-term capital gain or (loss) for tax year (attach Schedule D (Form 1041)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b 28% rate gain or (loss) . . . . . . . . . . . . . . . . . . . . 17b c Unrecaptured section 1250 gain. . . . . . . . . . . . . 17c 18 Deductions allocable to long-term capital gains. . . . . . . . . . . . . . . . . . . . . . . . . 19 Balance (subtract line 18 from line 17a). Enter here and on line 21, column (c). . . . . . . .. . . . . . . . . . . . . . . . eartH Accumulation Schedule (Section 664 trust only) (a) Ordinary income 9 10 11 12 13 Accumulations Capital gains and (losses) (b) Net short-term (c) Net long-term 84,660.12 20 Undistributed from prior tax years. . . . . . . 21 Current tax year (before distributions). . . . 22 Total (add lines 20 and 21). . . . . . . . . . . . 84,660.12 23 Undistributed at end of tax ear......... 10 472.04 84 660.12 Bi#tlO Current Distributions Schedule (Section 664 trust only Identifying (a) Ordinary number income (7,779.30) Name of recipient Capital gains (b) Short-term (c) Long-term 24a b See Attached Schedule c For Paperwork Reduction Act Notice, see the Instructions. JVA 4 52271 TWF 10142A Copyright Forms (Software Only) - 2004 TW 2b 3 4 5 6 7 8 10.67 10.67 9 10 11 12 13 2,703.41 2,703.41 (2,692.74) (d) Nontaxable income (d) Nontaxable income (e) Corpus Form 5227 (2004) Form S227 (2004) ~B~#ttYl_ Balance Sheet (see the instructions) Page 2 25 26 27a b 28 Assets Cash -- non-interest-bearing. . Savings and temporary cash investments. Accounts receivable. . . . . . . . 27a (a) Beginning-of- Year Book Value (b) End-of-Year Book Value (e) FMV (see instructions) Mortgages and other notes payable (attach schedule) . . . . . Other liabilities (describe ~ ) Total liabilities (add lines 38 through 42). . . . . . . . . . . . . . . Net Assets 44 Trust principal or corpus. . . . . . . . . . . . . . . . . . . . . . . . . . . . 45a Undistributed income . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45a b Undistributed capital gains. . . . . . . . . . . . . . . . . . . . . . . . . . 45b c Undistributed nontaxable income. . . . . . . . . . . . . . . . . . . . . 45c 46 Total net assets (add lines 44 through 45c). . . . . . . . . . . . . 46 71,062.73 47 Total liabilities and net assets (add lines 43 and 46) . . . . . 47 71,062.73 fUJ.ffMSAi Charitable Remainder Annuity Trust Information (to be completed only by a section 664 charitable remainder annuity trust) 48a Enter the initial fair market value (FMV) of the property placed in the trust. . . . . . . . . . . . . . . . . . . . . . . . . . . . b Enter the total annual annuity amounts for all recipients (attach schedule showing the amount for each recipient if more than one) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48b !:eattv:+a:l Charitable Remainder Unitrust Information (to be completed only by a section 664 charitable remainder unitrust) 49a Enter the unitrust fixed percentage to be paid to the recipients. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . If there is more than one recipient, attach a schedule showing the percentage of the total unitrust dollar amount payable to each recipient. b Unltrust amount. Subtract line 43, column (c), from line 37, column (c), and multiply the result by the percentage on line 49a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Note: Complete lines 50a through 51 b only for those unitrusts whose governing instruments provide for determining required distributions with reference to the unitrust's income. Otherwise, enter the amount from line 49b on line 52. Less: allowance for doubtful accts 27b 30 31 32a 32b 32e 38 39 40 41 42 43 0.00 0.00 o .00 Receivables due from officers, directors, trustees, and other disqualified persons (attach schedule). . . . . . . . . . . . . . . . . . Other notes & loans receivable 29a 29a b 30 31 32a b Less: allowance lor doubtful accts 29b 48a 50a Trust's accounting income for 2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b Enter the smaller of line 49b or line 50a here, and on line 52 on page 3, unless the Caution below applies . . Caution: Lines 51 a and b need to be completed by those unitrusts whose governing instruments provide for current distributions to make up for any distribution deficiencies in previous years due to the trust income limit. See Regulations section 1.664-3(a)(1 )(i)(b)(2). For these trusts, when completing line 52 enter the smaller of line 50a or line 51 b. JVA 4 52272 TWF 10143 Copyright Forms (Software Only) - 2004 TW Inventories for sale or use. . . . . . . . . . . . . . . . . . . . . . . . . . . Prepaid expenses and deferred charges. . . . . . . . . . . . . . . . Investments -- U.S. & state govt. obligations (attach schedule) Investments -- corporate stock (attach schedule). . . . . . . . . Investments -- corporate bonds (attach schedule). . . . . . . . Investments -- land, buildings, and equipment: basis (attach schedule) . . . . . 33a Less: accumulated depr. . . " 33b Investments -- other (attach schedule). . . . . . . . . . . . . . . . . Land, buildings, & equipment: basis 35a Less: accumulated depr. . . . . 35b Other assets (describe ~ ) Total assets (add lines 25 through 36) (must equal line 47) Liabilities Accounts payable and accrued expenses. . . . . . . . . . . . . . . Deferred revenue .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e 33a b 34 35a b 36 37 38 39 40 41 42 43 Loans from officers, directors, trustees, and other disqualified persons Form 5227 (2004) V/LVV-' -L<o:.ol:'f-L r'1'1 '-;L;U1-UU-U06-001 ~,)HN FARRELL CRUT Form 5227 (2004) 51a Total accrued distribution deficiencies from previous years (see the instructions) . . . . . . . . . . . . . . . . . . . . . . . 51a b Add lines 49b and 51 a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Unitrust distributions for 2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Carryover of distribution deficiency (subtract line 52 from line 51 b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Did the trustee change the method of determining the fair market value of the assets? . . . . . . . . . . . . . . . . . . . . . . . . . . . . If "Yes," attach an explanation. 55 Were any additional contributions received by the trust during 2004? . . If "Yes," attach a schedule that lists the assets and the date(s) received. PijjtfYf--.A Statements Regarding Activities (see the instructions) 1 Are the requirements of section 508(e) satisfied either: · By the language in the governing instrument; or · By state legislation that effectively amends the governing instrument so that no mandatory directions that conflict with the state law remain in the governing instrument? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Are you using this return only to report the income and assets of a segregated amount under section 4947(a)(2)(B)? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . R~rtVIfEt Statements Regarding Activities for Which t-orm 4720 May Be Required File Form 4720 if any item Is checked In the "Yes" column (to the right), unless an exception applies. 1 Self-dealing (section 4941): a During 2004, did the trust (either directly or indirectly): (1) Engage in the sale or exchange, or leasing of property with a disqualified person? . . . . . . . . . .. 0 Yes ~ No (2) Borrow money from, lend money to, or otherwise extend credit to (or accept it from) a disqualified person? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) Furnish goods, services, or facilities to (or accept them from) a disqualified person? . . . . . . . . . . (4) Pay compensation to, or payor reimburse the expenses of, a disqualified person? . . . . . . . . . . . (5) Transfer any income or assets to a disqualified person (or make any of either available for the benefit or use of a disqualified person)? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 0 Yes 0 No (6) Agree to pay money or property to a government official? (Exception. Check "No" if the trust agreed to make a grant to or to employ the official for a period after termination of government service, if terminating within 90 days.). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 0 Yes ~ No b If any answer is "Yes" to 1 a(1 )-(6), did any of the acts fail to qualify under the exceptions described in Regulations sections 53.4941(d)-3 and 4, or in a current Notice regarding disaster assistance (see the instructions)? . . . . . . . . . . . . . Organizations relying on a current Notice regarding disaster assistance, check here. . . . . . . . . . . . . . . . . . . .. ~ 0 c Did the trust engage in a prior year in any of the acts described in 1a, other than excepted acts, that were not corrected before January 1, 2004? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Does section 4947(b)(3)(A) or (8) apply? (See the instructions.) (If "Yes," check the "N/A" box in questions 3 and 4.). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 0 Yes 0 No 3 Taxes on excess business holdings (section 4943): . . . . .. 0 N/A a Did the trust hold more than a 2% direct or indirect interest in any business enterprise at any time during 2004? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 0 Yes 0 No b If "Yes," did the trust have excess business holdings in 2004 as a result of (1) any purchase by the trust or disqualified persons after May 26,1969; (2) the lapse of the 5-year period (or longer period approved by the Commissioner under section 4943(c)(7)) to dispose of holdings acquired by gift or bequest; or (3) the lapse of the 10-, 15-, or 20-year first phase holding period? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Use Schedule C, Form 4720, to determine if the trust had excess business holdings in 2004. 4 Taxes on investments that jeopardize charitable purposes (section 4944): 0 N/A a Did the trust invest during 2004 any amount in a manner that would jeopardize its charitable purpose? . . . . . . . . . . . . . . . b Did the trust make any investment in a prior year (but after December 31, 1969) that could jeopardize its charitable purpose that had not been removed from jeopardy before January 1, 2004? . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Taxes on taxable expenditures (section 4945) and political expenditures (section 4955): a During 2004 did the trust payor incur any amount to: (1) Carry on propaganda, or otherwise attempt to influence legislation (section 4945(e))? . . . . . . . .. DYes 0 No (2) Influence the outcome of any specific public election (see section 4955); or to carry on, directly or indirectly, any voter registration drive? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) Provide a grant to an individual for travel, study, or other similar purposes? . . . . . . . . . . . . . . . . . (4) Provide a grant to an organization other than a charitable, etc., organization described in section 509(a)(1), (2), or (3), or section 4940(d)(2)? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " .. DYes 0 No (5) Provide for any purpose other than religious, charitable, scientific, literary, or educational, or for the prevention of cruelty to children or animals? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 52273 TWF 10144 Copyright Forms (Software Only) _ 2004 TW . . . . . . . . . . . . . . . JVA 51b 52 53 Page 3 264,064.69 277,953.36 No DYes [] No ~Yes Yes Yes ~NO X No X No nYes DYes [J No ~No Form 5227 (2004) ---~.....,-,...... w-:r.-::rvJ....) O/LUU=> 1.";:3/:41 PM 2130100-006-0(\1 ~)HN FARRELL CRUT Form 5227 (2004) 5b If any answer is "Ves" to 5a(1)-(5), did any of the transactions fail to qualify under the exceptions described in Regulations section 53.4945, or in a current Notice regarding disaster assistance (see the instructions)? . . . . . Organizations relying on a current Notice regarding disaster assistance, check here . . . . . . . . . . . . . . . .. ~ 0 c If the answer is "Ves" to question 5a(4), does the trust claim exemption trom the tax because it maintained expenditure responsibility for the grant? (See the instructions.). . . . . . . . . . 0 Yes 0 No If "Ves," attach the statement required by Regulations section 53.4945-5(d). 6 Personal benefit contracts (section 170(1)(10)): a Did the trust, during the year, receive any funds, directly or indirectly, to pay premiums on a personal benefit contract? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 0 Yes 0 No b Did the trust, during the year, pay premiums, directly or indirectly, on a personal benefit contract? . . . . . . . . . . . . . . . . . . If "Ves" to 6b, file Form 8870 (see instructions). ~R4rtVIII Questionnaire for Charitable Lead Trusts, Pooled Income Funds, & Charitable Remainder Trusts Section A -- Charitable Lead Trusts Does the governing instrument require income in excess of the required annuity or unitrust payments to be paid for charitable purposes? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 0 Yes 0 No 2 Enter the amount of any excess income required to be paid for charitable purposes for 2004 . . . . . . . . . . . . . 2 3 Enter the amount of annuity or unitrust payments required to be paid to charitable beneficiaries for 2004 ........................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Enter the amount of annuity or unitrust payments required to be paid to private beneficiaries tor 2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Section B -- Pooled Income Funds 1 Enter the amount of contributions received during 2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 Enter the amount required to be distributed for 2004 to satisfy the remainder interest. . . . . . . . . . . . . . . . . . . . 2 3 Enter any amounts that were required to be distributed to the remainder beneficiary that remain undistributed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Enter the amount of income required to be paid to private beneficiaries for 2004. . . . . . . . . . . . . . . . . . . . . . . 4 5 Enter the amount of income required to be paid to the charitable remainder beneficiary for 2004. . . . . . . . . . . 5 Section C -- Charitable Remainder Trusts and Other Information (All split-interest trusts, check applicable boxes.) 1 Check this box if you are filing for a charitable remainder annuity trust or a charitable remainder unitrust whose charitable interests involve only cemeteries or war veterans' posts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ~ 0 Check this box if you are making an election under Regulations section 1.664-2(a)(1)(i)(a)(2) or 1.664-3(a)(1)(i)(g)(2) to treat income generated from certain property distributions (other than cash) by the trust as occurring on the last day of the tax year. (See the instructions.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ~ Check this box if any of the split-interest trust's income interests expired during 2004. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " ~ Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct, and complete. Declaration of preparer (other than trustee) is based on all information of which preparer has any knowledge. 2 3 Sign Here ~ Signature of trustee or officer representing trustee Preparer's ~ OTT ..tJ (VJ.ZC signature , A Wil1lt..t1..4-- . Firm's name (or yours TRUST TAX SERVICES OF if self-employed), ~ P. O. BOX 60656 address, & ZIP code WORCESTER, MA 01606 AMERICA, INC. Date 2/26/2005 ~ 2/26/2005 , Date Preparer's SSN or PTIN Paid Preparer's Use Only JVA 4 52274 TWF 10145 Copyright Forms (Software Only) - 2004 TW Form 5227 (2004) .0/ "'uu~ .L~: j/: 41 PM 2130100-006-0(\' -"HN FARRELL CRUT 5227 Page 1 Attachment 2004 TRUST NAME: JOHN FARRELL CRUT TRUST ID NUMBER: 25-6498158 Name of Recipient : JOHN J. FARRELL Identifying Number: 273-32-4653 (al Ordinary Income 0.00 (b) Short Term Gains (c) Long Term Gains 0.00 0.00 (d) NonTaxable Income 0.00 (e 1 Corpus 0.00 Department of the Treasury Internal Revenue Service Beneficia. .3 Share of Income, Deductions, for the calendar year 2004, or fiscal year beginning , ending , 20 . Complete a separate Schedule K-1 for each beneficiary. ;dits, etc. 6611 OMB No. 1545-0092 SCHEDULE K-1 (Form 1041) 2004 Name of trust or decedent's estate JOHN FARRELL CRUT Beneficiary's identifying number. 27 3 - 3 2 - 4 6 5 3 Beneficiary's name, address, and ZIP code JOHN J. FARRELL 128 OAK KNOLL CIRCLE MILLERSVILLE, PA 17551 Estate's or trust's EIN. 25-6498158 Fiduciary's name, address, and ZIP code COMMuNITY TRUST COMPANY 3907 MARKET STREET CAMP HILL, PA 17011 H Amended K-1 Final K-1 (a) Allocable share item (b) Amount (c) Calendar year 2004 Form 1040 filers enter the amounts in column (b) on: Form 1040, line 8a Form 1040, line 9b Form 1040, line 9a Schedule D, line 5, column (I) Schedule D, line 12, column (I) Line 11 of the worksheet for Schedule D, line 19 Line 4 of the worksheet for Schedule D, line 18 Interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . NO TAXABLE 2a Qualified dividends . . . . . . . . . . . . . . . . . . . . . . . . . . . 2a b Total ordinary dividends. . . . . . . . . . . . . . . . . . . . . . . . . . . :lb FEDERAL INCOME 3 Net short-term capital gain ........................ 3 4a Net long-term capital gain. . . . . . . . . . . . . . . . . . . . . . . . . 4a b Unrecaptured section 1250 gain .................... 4b c 28% rate gain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4c Sa Annuities, royalties, and other nonpassive income before directly apportioned deductions .................... Sa b Depreciation.................................... Sb c Depletion...................................... Sc d Amortization.................................... Sd 6a Trade or business, rental real estate, & other rental income before directly apportioned deductions (see instructions). . 6a b Depreciation.................................... 6b c Depletion...................................... 6c d Amortization.................................... 7 Income for minimum tax purposes. . . . . . . . . . . . . . . . . . . 8 Income for regular tax purposes (add lines 1, 2b, 3, 4a, 5a, and 6a) ................................. 9 Adjustment for min. tax purposes (subtract line 8 from line 7). . 10 Estate tax deduction (including certain generation- skipping transfer taxes) . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Foreign taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Adjustments and tax preference items (itemize): a Accelerated depreciation. . . . . . . . . . . . . . . . . . . . . . . . . . b Depletion...................................... c Amortization.................................... d Exclusion items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Deductions in the final year of trust or decedent's estate: a Excess deductions on termination (see instructions). . . . . . b Short-term capital loss carryover. . . . . . . . . . . . . . . . . . . . c long-term capital loss carryover. . . . . . . . . . . . . . . . . . . . d Net operating loss (NOl) carryover for regular tax purposes eNOL carryover for minimum tax purposes. . . . . . . . . . . . . f 9 14 Other (itemize): a Payments of estimated taxes credited to you. . . . . . . . . . . 14a b Tax-exempt interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14b Schedule E, Part III, column (I) } Include on the applicable line of the appropriate tax form Schedule E, Part III } Include on the applicable line of the appropriate tax form Schedule A, line 22 Schedule D, line 5, column (I) Sch. D, line 12, col. (f); line 5 of the wksht. for Sch. D, line 18; and line 16 of the wksht. for Sch. D, line 19 Form 1040, line 21 See the instructions for Form 6251, line 27 } Include on the applicable line of the appropriate tax form e 14c 14d 14e 14f 149 14h Form 1040, line 64 Form 1040, line 8b } Include on the applicable line of the appropriate tax form c d f 9 h For Paperwork Reduction Act Notice, see the Instructions for Form 1041. JVA 4 1041K11 TWF8975 Copyright Forms (SoftwareOnly)-2004TW Schedule K-1 (Form 1041) 2004 O/"'UU:O Lo:.5/:41 PM 2130100-006-00) -'HN FARRELL CRUT SCHEDULE K-1 (Form 1041) Beneficia. J s Share of Income, Deductions, _I edits, etc. for the calendar year 2004, or fiscal year beginning , ending , 20 ~ Complete a separate Schedule K-1 for each beneficiary. 6611 OMB No. 1545-0092 Department of th e Treasury Internal Revenue Service 2004 Name of trust or decedent's estate JOHN FARRELL CRUT Beneficiary's identifying number ~ 273-32-4653 Beneficiary's name, address, and ZIP code JOHN J. FARRELL 128 OAK KNOLL CIRCLE MILLERSVILLE, PA 17551 Estate's or trust's EIN~ 25-6498158 Fiduciary's name, address, and ZIP code COMMUNITY TRUST COMPANY 3907 MARKET STREET CAMP HILL, PA 17011 Amended K-1 Final K-1 (a) Allocable share item (h) Amount (c) Calendar year 2004 Form 1040 filers enter the amounts in column (b) on: Form 1040, line 8a Form 1040, line 9b Form 1040, line 9a Schedule D, line 5, column (f) Schedule D, line 12, column (f) Line 11 of the worksheet for Schedule D, line 19 Line 4 of the worksheet for Schedule D, line 18 Interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . NO TAXABLE 2a Qualified dividends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2a b Total ordinary dividends. . . . . . . . . . . . . . . . . . . . . . . . . . . 2b FEDERAL INCOME 3 Net short-term capital gain ........ . . . . . . . . . . . . . . . . 3 4a Net long-term capital gain. . . . . . . . . . . . . . . . . . . . . . . . . 4a b Unrecaptured section 1250 gain .................... 4b c 28% rate gain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4c Sa Annuities, royalties, and other nonpassive income before directly apportioned deductions .................... Sa b Depreciation.................................... 5b c Depletion...................................... 5c d Amortization.................................... 5d 6a Trade or business, rental real estate, & other rental income before directly apportioned deductions (see instructions). . 6a b Depreciation.................................... 6b c Depletion...................................... 6e d Amortization.................................... 7 Income for minimum tax purposes. . . . . . . . . . . . . . . . . . . 8 Income for regular tax purposes (add lines 1, 2b, 3, 4a, 5a, and 6a) ................................. 9 Adjustment for min. tax purposes (subtract line 8 from line 7). . 10 Estate tax deduction (including certain generation- skipping transfer taxes) . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Foreign taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Adjustments and tax preference items (itemize): a Accelerated depreciation. . . . . . . . . . . . . . . . . . . . . . . . . . b Depletion...................................... e Amortization.................................... d Exclusion items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Deductions in the final year of trust or decedent's estate: a Excess deductions on termination (see instructions). . . . . . 13a b Short-term capital loss carryover. . . . . . . . . . . . . . . . . . . . 13b cLang-term capital loss carryover. . . . . . . . . . . . . . . . . . . . 13e d Net operating loss (NOL) carryover for regular tax purposes 13d eNOL carryover for minimum tax purposes. . . . . . . . . . . . . 13e 1 1M g 139 14 Other (itemize): a Payments of estimated taxes credited to you. . . . . . . . . . . 14a b Tax-exempt interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14b c 14e d 14d e 14e f 141 g 149 h 14h For Paperwork Reduction Act Notice, see the Instructions for Form 1041. JVA 4 1041 K11 TWF 8975 Copyright Forms (Software Only) _ 2004 TW Schedule E, Part III, column (f) } Include on the applicable line of the appropriate tax form Schedule E, Part III } Include on the applicable line of the appropriate tax form Schedule A, line 22 Schedule D, line 5, column (f) Sch. D, line 12, col. (f); line 5 of the wksht. for Sch. 0, line 18; and line 16 of the wksht. for Sch. D, line 19 Form 1040, line 21 See the instructions for Form 6251, line 27 } Include on the applicable line of the appropriate tax form Form 1040, line 64 Form 1040, line 8b } Include on the applicable line of the appropriate tax form Schedule K-1 (Form 1041) 2004 5227 Dividends Attachmenf 12004 TRUST NAME: JOHN FARRELL CRUT TRUST ID NUMBER: 25-6498158 DIVIDEND INCOME ORDINARY DIVIDENDS Cusip Date Description Amount 60934NB07 01/31/2004 FEDERATED GOV'T OBLIGATIONS FD #395 0.27 60934NB07 02/29/2004 FEDERATED GOV'T OBLIGATIONS FD #395 0.45 60934NB07 03/31/2004 FEDERATED GOV'T OBLIGATIONS FD #395 0.65 60934NB07 04/30/2004 FEDERATED GOV'T OBLIGATIONS FD #395 0.22 60934NB07 04/30/2004 FEDERATED GOV'T OBLIGATIONS FD #395 0.9B 60934NB07 05/31/2004 FEDERATED GOV'T OBLIGATIONS FD #395 1. 00 60934NB07 06/30/2004 FEDERATED GOV'T OBLIGATIONS FD #395 0.93 60934NB07 07/31/2004 FEDERATED GOV'T OBLIGATIONS FD #395 1. 02 60934NB07 OB/31/2004 FEDERATED GOV'T OBLIGATIONS FD #395 0.93 60934NB07 09/30/2004 FEDERATED GOV'T OBLIGATIONS FD #395 0.77 60934NB07 10/31/2004 FEDERATED GOV'T OBLIGATIONS FD #395 0.76 60934NB07 11/30/2004 FEDERATED GOV'T OBLIGATIONS FD #395 0.B4 60934NB07 12/31/2004 FEDERATED GOV'T OBLIGATIONS FD #395 0.9B SubTotal 9.B1 TOTAL ORDINARY DIVIDENDS 9.81 U S GOVERNMENT DIVIDENDS Cusip Date Description Amount 60934NB07 01/31/2004 FEDERATED GOV'T OBLIGATIONS FD #395 0.02 60934NB07 02/29/2004 FEDERATED GOV'T OBLIGATIONS FD #395 0.04 60934NB07 03/31/2004 FEDERATED GOV'T OBLIGATIONS FD #395 0.06 60934NB07 04/30/2004 FEDERATED GOV'T OBLIGATIONS FD #395 0.02 60934NB07 04/30/2004 FEDERATED GOV'T OBLIGATIONS FD #395 0.09 60934NB07 05/31/2004 FEDERATED GOV'T OBLIGATIONS FD #395 0.09 60934NB07 06/30/2004 FEDERATED GOV'T OBLIGATIONS FD #395 0.08 60934NB07 07/31/2004 FEDERATED GOV'T OBLIGATIONS FD #395 0.09 60934N807 08/31/2004 FEDERATED GOV'T OBLIGATIONS FD #395 0.08 60934N807 09/30/2004 FEDERATED GOV'T OBLIGATIONS FD #395 0.07 60934N807 10/31/2004 FEDERATED GOV'T OBLIGATIONS FD #395 0.07 60934N807 11/30/2004 FEDERATED GOV'T OBLIGATIONS FD #395 0.07 60934N807 12/31/2004 FEDERATED GOV'T OBLIGATIONS FD #395 0.09 SubTotal 0.86 TOTAL U S GOVERNMENT DIVIDENDS 0.86 DIVIDEND INCOME NON-QUALIFIED: (Included Above) Cusip Date Description Amount 60934N807 01/31/2004 FEDERATED GOV'T OBLIGATIONS FD #395 0.27 60934N807 02/29/2004 FEDERATED GOV'T OBLIGATIONS FD #395 0.45 60934N807 03/31/2004 FEDERATED GOV'T OBLIGATIONS FD #395 0.65 60934N807 04/30/2004 FEDERATED GOV'T OBLIGATIONS FD #395 0.22 60934N807 04/30/2004 FEDERATED GOV'T OBLIGATIONS FD #395 0.98 60934N807 05/31/2004 FEDERATED GOV'T OBLIGATIONS FD #395 1. 00 60934N807 06/30/2004 FEDERATED GOV'T OBLIGATIONS FD #395 0.93 60934N807 07/31/2004 FEDERATED GOV'T OBLIGATIONS FD #395 1. 02 60934N807 08/31/2004 FEDERATED GOV'T OBLIGATIONS FD #395 0.93 60934N807 09/30/2004 FEDERATED GOV'T OBLIGATIONS FD #395 0.77 60934N807 10/31/2004 FEDERATED GOV'T OBLIGATIONS FD #395 0.76 60934N807 11/30/2004 FEDERATED GOV'T OBLIGATIONS FD #395 0.84 60934N807 12/31/2004 FEDERATED GOV'T OBLIGATIONS FD #395 0.98 60934N807 01/31/2004 FEDERATED GOV'T OBLIGATIONS FD #395 0.02 60934N807 02/29/2004 FEDERATED GOV'T OBLIGATIONS FD #395 0.04 60934N807 03/31/2004 FEDERATED GOV'T OBLIGATIONS FD #395 0.06 60934N807 04/30/2004 FEDERATED GOV'T OBLIGATIONS FD #395 0.02 60934N807 04/30/2004 FEDERATED GOV'T OBLIGATIONS FD #395 0.09 60934N807 05/31/2004 FEDERATED GOV'T OBLIGATIONS FD #395 0.09 60934N807 06/30/2004 FEDERATED GOV'T OBLIGATIONS FD #395 0.08 60934N807 07/31/2004 FEDERATED GOV'T OBLIGATIONS FD #395 0.09 60934N807 08/31/2004 FEDERATED GOV'T OBLIGATIONS FD #395 0.08 60934N807 09/30/2004 FEDERATED GOV'T OBLIGATIONS FD #395 0.07 60934N807 10/31/2004 FEDERATED GOV'T OBLIGATIONS FD #395 0.07 ~/~VV~ ~~.~I _~~ C,"j ~~~v~vu-uuo-uu~ 'tiN j--1ll(J<]';LL CPUT 5227 Dividends Attachmem 2004 TRUST NAME: JOHN FARRELL CRUT TRUST 10 NUMBER: 25-6498158 60934N807 11/30/2004 FEDERATED GOV'T OBLIGATIONS FD #395 60934N807 12/31/2004 FEDERATED GOV'T OBLIGATIONS FD #395 SubTotal 0.07 0.09 10.67 TOTAL DIVIDENDS NON-QUALIFIED 10.67 FIDUCIARY FEES PAID FIDUCIARY FEES FROM INCOME - ALLOCABLE Cusip Date Description 01/21/2004 Trustee Fees - Regular 02/12/2004 Trustee Fees - Regular 03/10/2004 Trustee Fees - Regular 04/14/2004 Trustee Fees - Regular 05/13/2004 Trustee Fees - Regular 06/14/2004 Trustee Fees - Regular 07/14/2004 Trustee Fees - Regular Amount SubTotal 233.02 233.24 233.46 233.68 233.07 232.85 13 9.62 1,538.94 TOTAL FIDUCIARY FEES FROM INCOME - ALLOCABLE 1,538.94 FIDUCIARY FEES FROM PRINCIPAL - ALLOCABLE Cusip Date Description Amount 07/14/2004 08/11/2004 09/14/2004 Trustee Fees Trustee Fees Trustee Fees SubTotal 178.26 318.25 317.96 814.47 TOTAL FIDUCIARY FEES FROM PRINCIPAL - ALLOCABLE 814.47 FIDUCIARY FEES PAID - DEDUCTIBLE ATTORNEY, ACCOUNTANT, AND RETURN PREPARER FEES PROFESSIONAL FEES FROM PRINCIPAL - ALLOCABLE Cusip Date Description Amount 04/29/2004 Fiduciary Tax Prep Fee 350.00 TOTAL PROFESSIONAL FEES FROM PRINCIPAL - ALLOCABLE 350.00 PROFESSIONAL FEES PAID - DEDUCTIBLE Line 11, Other Deductions Total Paid 2,703.41 TOTAL DEDUCTION 2,703.41 ,"-,..L,"-,.1..1....I'-' --:I..L \/<";'-L.:J.J..U!J. U-:t. "-:tV.1..J O/LUU~ ~L:j/:ql PM LIJOIOO-006-001 'HN FARRELL CRUT Charitable Remainder trust --.J L P A-41 -- 2004 Pennsylvania Fiduciary Income Tax Return ENTER ONE LETTER OR NUMBER IN EACH BOX. Do Not Use Your Preprinted Label 25-6498158 (717) 731-9604 No Extension Enclosed. Y=Yes No=No No Amended PA-41 Y=Yes No=No No Fiscal Year Filer. Y=Yes No=No from to JOHN FARRELL CRUT COMMUNITY TRUST COMPANY 3907 MARKET STREET CAMP HILL PA 17011 Residency Status. R R=PA Resident N-Nonresldent If "N" Name of State No Estate or Trust Identification Change. If any of the identification or filing information you entered is different from the 2003 PA-41, or if the estate or trust did not file a 2003 PA-41. Y=Yes N=No Submit all required Pennsylvania supporting schedules. N F=Final Return. N=No Final Return. Enter Ending Date: No Do You Want a 2005 PA-41 Booklet? Y=Yes No=No 1 PA TAXABLE INTEREST INCOME. See instructions. 1 2 PA TAXABLE DIVIDEND INCOME. See instructions. 2 9.81 3 NET INCOME or LOSS from the Operation of a Business, Profession, or Farm. 3 See instructions. 4 NET GAIN or LOSS from the Sale, Exchange, or Disposition of Property. 4 See instructions. 5 NET INCOME or LOSS from Rents, Royalties, Patents, or Copyrights. 5 See instructions. 6 ESTATE or TRUST INCOME. See instructions. 6 7 TOTAL TAXABLE INCOME. Add only the positive Income from Lines 1, 2, 3, 4, 5, 7 9.81 and 6. Do not add losses. 8 DEDUCTIONS from PA SCHEDULE DO. See instructions. 8 9.81 9 NET PA TAXABLE INCOME. Subtract Line 8 from Line 7. 9 10 TOTAL PA TAX LIABILITY. Multiply Line 9 by the tax rate of 3.07% (0.0307). 10 11 2004 ESTIMATED PAYMENTS and CREDITS. See instructions. 11 12 TOTAL CREDIT for TAXES PAID by PA RESIDENT ESTATES or TRUSTS to 12 OTHER STATES or COUNTRIES. 13 TOTAL OTHER CREDITS from PA Schedule OC. 13 14 2004 PAYMENTS and CREDITS. Add Lines 11, 12, and 13. 14 15 TAX DUE. Line 10 is more than Line 14. 15 4 PA411 TWF 9548A Copyright Forms (Software Only) - 2004 TW L EC Page 1 or 2 FC ITJITIIIIJrn --.J -,---- --.- ._~ -.. ~~-,......................... .................. ................. ...-U.~ .I. .L::I...l.'"-J."-.l....JJ....J..LJ '-.-.l.\.V..L ~ PA-41 -- 2004 L Federal EIN or Decedent's Social Security Number, 25-6498158 Name(s) as shown on PA-41 JOHN FARRELL CRUT 16 PENALTIES AND INTEREST. See the instructions. 16 17 TOTAL PAYMENT -- Add Lines 15 and 16. Make check or money order 17 payable to PA DEPT. OF REVENUE. Use your PA-V Form. See the instructions on HOW TO PAY. 18 OVERPAYMENT. Line 14 is more than Line 10 and Line 16. Enter the difference 18 here. The Total of Lines 19 and 20 must equal Line 18. 19 REFUND -- AMOU NT of LI N E 18 you want as a check mailed to the estate or trust. 19 20 CREDIT -- AMOUNT of LINE 18 you want as a credit to the 2005 Estimated Tax Account 20 of the estate or trust. Signature(s). Under penalties of perjury, I have examined this return, including all accompanying schedules and statements, & to the best of my belief, it is true, correct & complete. Date Signature of Fiduciary 2/26/2005 Name of preparer or his or her company name, based on all information on this return of which the preparer has any knowledge. Preparer or Company Name (Please Print) Date Telephone Number TRUST TAX SERVICES OF AMERICA, INC. 2/26/2005 PA-41 Other Credits PA SCHEDULE OC Other Credits for Pennsylvania Fiduciary Income Tax Purposes 2004 4 PA Employment Incentive Payments Credit. Submit PA Schedule(s) W or PA Schedule RK-1 or NRK-1. PA Jobs Creation Tax Credit. Submit the Certificate of Credit from the PA Department of Community and Economic Development or PA Schedule RK-1 or NRK-1. PA Research and Development Tax Credit. Submit the Certificate of Credit from the PA Department of Revenue or PA Schedule RK-1 or NRK-1. PA Film Production Tax Credit. Submit the Certificate of Credit from the PA Department of Revenue or PA Schedule RK-1 or NRK-1. Total PA Other Credits. Add Lines 1 through 4. Enter here and on Line 13 of PA-41. 1 2 2 3 3 4 5 5 PA SCHEDULE L I BENEFICIARIES SHARE OF INCOME Be sure to provide beneficiaries with their PA taxable income on a PA Sch. L. Do not use Federal Schedule K-1 for Pennsylvania purposes. Submit additionallist(s) of beneficiaries if needed. Enter each beneficiary's complete address: Beneficiary's Taxable Income Taxable Income Name of Each Beneficiary Street or Mailing Address Federal EIN or to PA Residents to Nonresidents City I State I ZIP Code Individual SSN 1. . I I 2. I I 3. I I I Add amounts in each column and enter totals here. I I Page 2 of 2 4 PA412 TWF 9918A Copyright Forms (Software Only)- 2004 TW L ~ ~ PA C::CHEnULE DD/D '"' .... I PA-41 DDID (09-04) PA Department of Revenue 2004 OFFICIAL USE ONLY Name as shown on PA-41 I Federal EIN or Decedent's Social Security Number JOHN Fl'.RRELL CRUT 25-6498158 PA SCHEDULE DD -- DISTRIBUTION DEDUCTION SCHEDULE Column A Column B 1. TOTAL TAXABLE INCOME, from Line 7, PA-41. (See special instructions for nonresident estates 1a 9.81 1b or trusts) .........................".............................. 2. Income included in Line 1 above, but not distributable/distributed under state law or the 2a 9.81 2b governing instrument. . . . ............................................ . 3. Taxable income available for distribution. (Subtract Line 2 from Line 1) . . . . . . . . 3a 3b 4. Total distributable/distributed nontaxable income. . . . . . . . . . . . . . . . . . . . . . . . . 4a 5. All income available for distribution. (Add Lines 3a and 4a). . . . . . . . . . . . . . . . . . Sa 6. Line 3a c- Line 5a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6a % 7. Line 3b c- Line 5a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7b % 8. Total required to be distributed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8a 9. See Instructions ................................................. . 9a 10. Total distributable currently. (Subtract Line 9a from Line 8a). . . . . . . . . . . . . . . . . 10a 11. Total cash distributed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11a 12. Total property distributed .......................................... . 12a 13. Total distributable/distributed. (Add Lines 10a, 11a, and 12a). .. . . . . .. .. . . . . . 13a 14a. Line 6a X Line 13a ............................................... . 14a 14b. Line 7b X Line 13a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14b 15. Deduction for distribution. (See instructions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 16. Charitable Distribution Deduction. (See instructions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 9.81 17. Total Deduction from PA Schedule DD. (Add Lines 15 and 16. Enter here and on Line 8 of PA-41) .. . 17 9.81 PA-41 0 (09-04) PA SCHEDULE D -- SALE, EXCHANGE, OR DISPOSITION OF PROPERTY 2004 If you need more space, you may photocopy this schedule or make your own schedules in this format. Read all instructions. Enter all sales, exchanges, or other dispositions of real or personal tangible and intangible property. Amounts from Federal Schedule D may not blOJ correct for PA purposes. If a loss, check the box next to the line. (a) (b) (c) (d) (e) (f) Describe the property sold Month, day, and Month, day, Gross sales price Cost or Adjusted L GAIN or LOSS 0 (Example: 100 shares of "ABC" year acquired and year sold less expenses of Basis s (d) minus (e) common stock, or 2 acres in sale s Dauphin County) i 1. 2. Net gain or loss from above sales. If a net loss, check this box. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LOSS U 2. 3. Gain from PA Schedule(s) D-1, Installment Sales. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. 4. Taxable distributions from C corporations Enter total distribution. 1$ I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Minus Adjusted Basis. $ . = 4. Net gain or loss from PA Schedule 0-71, Sale of 6-1-71 Property. If a loss, check this box. . . . . .. LOSS ~ 5. Net partnership gain or loss from PA Schedules RK-1 or NRK-1. If a loss, check this box. . . . . . .. LOSS 6. Net PA S corporation gain or loss from PA Schedules RK-1 or NRK-1. If a loss, check this box. . .. LOSS 7. Taxable distributions from partnerships from PA Schedule 0 (PIS) .................................... 8. Taxable distributions from PA S corporations from PA Schedule 0 (PIS) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9. Total net gain or loss. Add Lines 2 through 9. Enter the result here and on Line 4 of the PA-41. If the estate or trust realized a net loss, please check this box. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. LOSS 0 10. I 5. 6. 7. 8. 9. 10. 4 PA41D1 TWF 9889 Copyright Forms (Software Only) - 2004 TW L -.J ~ PA SCHEDULE A & B Interest and Dividend Income PA-41 A1B (09-04) 00 PA Department o( Revenue 2 4 If you need more space, you may photocopy these schedules or prepare your own schedules in these formats. Name as shown on the PA-41 Federal EIN or Decedent's SSN: OFFICIAL USE ONLY JOHN FARRELL CRUT 25-6498158 Caution. Federal and PA rules for taxable interest and dividend income are different. Read the instructions. If either the taxable interest or dividend income is $2,500 or less, the fiduciary must report the income, but need not submit any schedule. If either the interest income or dividend income is more than $2,500, the fiduciary must submit a schedule. Select the appropriate Filing Option. If using the federal amount on line 1, make the required corrections for PA purposes, and explain them in the space under Filing Option 3. Filing options: 1. Submit a copy of your federal schedule -- not this schedule. 2. Enter the federal taxable interest and/or dividend income -- do not submit the federal schedule. 3. List the name of each payer and the amount of PA taxable interest and dividend income you received in 2004. PA-41 A (09-04) Filing Option 2. Filing Option 3. PA SCHEDULE A -- PA Taxable Interest Income Enter the amount from the federal schedule. PA Taxable Interest Income. Read the instructions. $ $ $ $ $ $ $ $ 1. Total Interest Income. Add all amounts listed (including amounts on additional schedules). 1. $ 2. Interest income from partnership(s), from PA Schedule(s) RK-1. 2. $ 3. Interest income from PA S corporation(s), from PA Schedule(s) RK-1. 3. $ 4. Total PA Taxable Interest Income. Add Lines 1, 2, and 3. Enter on Line 1 of the PA-41. 4. $ PA-41 B (09-04) -- axa e IVI en ncome aDI a ams IS n ulon You cannot use Federal Schedule PA Taxable Dividend Income. Read the Instructions. $ $ $ $ $ $ $ 1. Total Dividend Income. Add all amounts listed (including amounts on additional schedules). 1. $ 9.81 2. Capital Gains Distribution. 2. $ 3. Dividend income from partnership(s), from PA Schedule(s) RK-1. 3. $ 4. Dividend income from PA S corporation(s), from PA Schedule(s) RK-1. 4. $ 5. Total PA Taxable Dividend Income. Add Lines 1,2, and 3. Enter on Line 2 of the PA-41. 5. $ 9.81 IMPORTANT. Capital gain distributions are dividend income for PA purposes. PA SCHEOULE B PA T bl O""d d I & C "t I G D" t "b r PA-41 J (09-04) PA SCHEDULE J -- Income from Estates or Trusts 2004 Read the Instructions. List the name, address, and identification number of each other estate or trust of which this estate or trust is a beneficiary. If this estate or trust received a Federal Schedule K-1, instead of a PA Schedule L, see the instructions. (a) Name and address of each estate or trust (b) Federal EIN (c) Income Amount Estate or trust income from partnership(s), (from PA Schedule(s) RK-1 or NRK-1). Estate or trust income from PA S corporation(s), (fromPA Schedule(s) RK-1 or NRK-1). Total Estate or Trust Income. Add Column (c). Enter on Line 6 of the PA-41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PA1ABJ1 TWF 9888 Copyright Forms (Software Only)- 2004 TW L -.--J VERIFICATION I, John J. Farrell, state that I have reviewed the foregoing Petition of Donor John J. Farrellfor the Termination of The John J. Farrell Charitable Remainder Unitrust and verify that the facts contained therein are true and correct to the best of my knowledge, information and belief. I further verify that these statements made by me are subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. Date: ~~ C\...IJ J... f) , 2006 4 CERTIFICATE OF SERVICE I, Lowell R. Gates, Esquire, hereby certify that I am this day serving the foregoing Application of Donor John J Farrell for the Termination of The John J Farrell Charitable Remainder Unitrust upon the persons listed below via first class mail: Community Trust Company, Trustee Susan A. Russell, President & CEO 3907 Market Street Camp Hill, P A 17011 Charitable Trusts and Organizations Section Pennsylvania Office of Attorney General 14th Floor Strawberry Square Harrisburg, P A 17120 Franklin & Marshall College Office of College Advancement Lewis E. Thayne, Vice President P.O. Box 3003 Lancaster, P A 17603-3003 Baldwin-Wallace College Development Office 275 Eastland Road Berea, OH 44017-2088 Space Studies Institute P.O. Box 82 Princeton, NJ 08542 ~ Date: February 3,2006 . Gates, Esquire 6779 1013 mma Road, Suite 100 Lemo e,PA 17043 Phone: (717) 731-9600 Facsimile: (717) 731-9627 Attorneys for Applicant, John J. Farrell IN RE: THE JOHN J. FARRELL CHARITABLE REMAINDER UNITRUST : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : ORPHAN'S COURT DIVISION . ;NO.~ CERTIFICATION OF NOTICE OF FIRST AND FINAL ACCOUNT To The Clerk, Cumberland County Orphans' Court Division: In accordance with C.C.O.C.R. 6.3-1, I hereby certify that I gave written notice of the time of presentation of the First and Final Account and Petition for Approval filed by Community Trust Company, Trustee of the above-captioned Trust, together with a copy of said Account and Petition at least twenty days prior to Tuesday, March 7, 2006, which is the date fixed for confirmation of said Account by certified mail to every person known to Community Trust Company, Trustee, to have an interest in the trust as beneficiary, creditor, heir or next of kin. The name and address of each such person is set forth on Exhibit "A" which is attached hereto and incorporated herein by reference. GATES, HALBRUNER & HATCH, P.C. '\ \ ~-- Lo ell R. Gates, Esquire P ALD. #46779 10 3 Mumma Road, Suite 100 Lemoyne, P A 17043 (717) 731-9600 (Attorneys for Community Trust Company Trustee) ,. ") -.-,"'- BY: ". ; DATED: February~, 2006 EXHIBIT A John J. Farrell 477 Oak Forest Drive The Villages, FL 32162 LaRue S. Farrell 477 Oak Forest Drive The Villages, FL 32162 Community Trust Company, Trustee Susan A. Russell, President & CEO 3907 Market Street Camp Hill, P A 17011 Charitable Trusts and Organizations Section Pennsylvania Office of Attorney General 14th Floor Strawberry Square Harrisburg, P A 17120 Franklin & Marshall College Office of College Advancement Lewis E. Thayne, Vice President P.O. Box 3003 Lancaster, P A 17603-3003 Baldwin- Wallace College Development Office 275 Eastland Road Berea, OH 44017-2088 Space Studies Institute P.O. Box 82 Princeton, NJ 08542 IN THE MATTER OF: THE JOHN J. FARRELL CHARITABLE REMAINDER UNITRUST UIA Dated May 10, 1995 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYL VANIA ORPH~S' COURT DIVISION No. ~I-Ola -0 U 5 NOTICE OF AUDIT To the following beneficiaries and interested parties of The James J. Farrell Charitable Remainder Vnitrust VIA dated May 10, 1995: LaRue S. Farrell 1477 Oak Forest Drive The Villages, FL 32162 Franklin & Marshall College Office of College Advancement Lewis E. Thayne, Vice President P.O. Box 3003 Lancaster, P A 17603-3003 John J. Farrell 1477 Oak Forest Drive The Villages, FL 32162 Commonwealth of Pennsylvania Attorney General's Office Charitable Trusts and Organization 14th Floor, Strawberry Square Harrisburg, PAl 7120 Baldwin-Wallace College Development Office 275 Eastland Road Berea, OH 44017-2088 Space Studies Institute P.O. Box 82 Princeton, NJ 08542 t-, C<', NOTICE is hereby given that the First and Final Account of Community Trust Company, Trustee of The John J. Farrell Charitable Remainder Vnitrust VIA dated May 10, 1995, and the corresponding Petition for Approval of First and Final Account, have been filed in the Office of the Clerk of the Orphans' Court division of the Court of Common Pleas of Cumberland County, Pennsylvania, on or before February 3,2006, and that the clerk will present the same to the Court for confirmation and audit on March 7, 2006, at 9:00 a.m. Any person who objects to the transactions shown in the Account and Petition must file written objections with the Clerk on or before March 7,2006, at 9:00 a.m., or the Court may otherwise assume that no objections exist or that any objections have been waived. A copy ofthe First and Final Account ofthe Trustee; and the Trust Agreement and the Petition for Approval of First and Final Account are enclosed herewith. If you have questions concerning the enclosed documents, please contact the undersigned. By: Lowell . 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