Loading...
HomeMy WebLinkAbout08-01-06 Register of Wills of______u _Cumb~rland County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of John J. Grenoble also known as No. 21-06- (07 ~ , Deceased Social Security No. 208-24-2308 Isabelle M. Grenoble Petitioner(s), who is/are 18 years of age or older, appl(ies) for: (COMPLETE 'A' or 'B' BELOW) [R] A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the the Decedent, dated 05/14/2004 and codicils dated Executrix named in the last Will of State relevant circumstances, e.g., renunciation, death of executor, etc_ Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the documents offered for probate; was not the victim of a killing and was never adjudicated incompetent: none o B. Grant of Letters of Administration (c.t.a; d.b.n.c.t.a; pedente lite; durante absentia; durante minoritate) Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: I Name Relationship Residence I (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his/her family or principal residence at 270 Frost Road, Gardners (list street, number, and municipality) Decedent, then 72 years of age, died 02/25/2006 at Carlisle Regional Medical Center, S. Middleton Township (Location) Decedent at death owned property with estimated values as follows: (If domiciled in PAl All personal property (If not domiciled in PAl Personal property in Pennsylvania (If not domiciled in PAl Personal property in County Value of real estate in Pennsylvania 29,000.00 $ $ $ $ "-, situated as follows: none Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of letters in the appropnate form to the undersigned: I Signature Typed or printed name and residence Isabelle M. Grenoble 270 Frost Road Gardners, PA 17324 r-- ~ I ~ ~ / ' 1----' - /!A /,u-/(j / 7? \ "~-<---l .-<5--1A. {~ Prepared by the Pennsylvania Bar ASSOCiation Copyright (c) 2004 form software only The Lackner Group, Inc. Form RW-1 (1991) Oath of Personal Representative Commonwealth of Pennsylvania County of Cumberland The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed $1 before me this .. 1 day of CU'1llal . dC.{)L,o Jjtlt~l~L -p.5LA '. _ Cl \orthe ~egister \j No. ,'t..'-G/cLiLP //: / /. ,"-. Isabelle M. Grenoble ,,/ '[..(..;.!'C.A vL_l c/ 21-06- lQ1 L( Estate of John J. Grenoble , Deceased also known as Social Security No: 208-24-2308 Date of Death: 02/25/2006 AND NOW, (l~ ",-t J ,dO;Jlo ' ;" ooooide""oo of the Petition on the revl se side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters 00 Testamentary 0 of Administration (c.I.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate) are hereby granted to Isabelle M. Grenoble, Executrix in the above estate and that the instrument(s) dated 5/14/2004 described in the Petition be admitted to probate and filled of record as the last Will of Decedent. , . ! Short Certificate(s)...................... $ 4.00 Jit~~ ~~4-' >>..c.,ob;p ; ~eg;ster of Wiils ~ \ I~~~ J.). A-..A./--~ _ v....-:vu:? () - ~ t'll "....,--. , ./>"'C })'-H --- tf4-~ Attorney: George F. Douglas III FEES Letters.......................................... $ 90.00 Renunciation............................... $ I.D. No: 61886 Said is, Flower & Lindsay Address: 26 West High Street Affidavits ( )...........................$ Extra Pages ( ).W~..kh.....$ \S. (2) Codicil.......... ......... ............... ........ $ Carlisle, PA 17013 Telephone: (717) 243-6222 JCP Fee.......................................$ --.J5.f::J::J ~ Inventory...... ......... .................. ..... $ E-Mail: Other............................................ $ TOT AL...... ................. ..... $ 124.00 Prepared by the Pennsylvania Bar Association Copyright (c) 2004 form software only The Lackner Group, Inc. Form RW-1(1991) fhi" ;~ tt) <,,'('nit) that the inforn;ltion here given j, correctly copied from an original certificate of death dul) flle.! \\ ItI1 me ,\> Lll',d Rq~;qrar TI'L' original c(~nif!cate will be focwarded to the Statc Vital Records Office (or per'nancnt I ding, Ul (]) .-i 0- o :.J () WARNING: It is illegal to duplicate this copy by photostat or photograph. F,'" 1'('1 this ,'c'rtii,,:atc, S6,OO ;.I;{~C,KQtPE~ )~/-#:/' ~~'.r;;~ ,~",~/ ~~'~\~ ~:t;- ..~. '~~ SC:::>>::..r', ';-~ ~ c,...), '. 6~' ~~ "ML...~ 'i,i! '"'-~"" A~,,"J "'- r...... , "" ,'I \'\. ~"" ",~'v\\Y ~",-_,!lMEN-T (\~ ~~,'~~' ~...;...;" t N \ \,') ,II!/, ~!!Y' ! )dlc' L,)cal P 12270039 FEB 2 8 2006 '\(, C) ~ c2/-o~ --lo1~ H105.143 Rev.01AJ6 TYPElPRINT IN PERMANENT BLACK INK 1 Name ot Decedel1t (First. middle, last) COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH STATEFILE NUMBER 3. Social Secur~y Number 4 Dale of Death (Month, day, year) John 208 - 24 Feb 25 2006 Sa. Place of Death Check on one HosP~al: In alieni 0 EAIOut alient 9 5 Age (lasl birthday) 15. Surviving Spouse (If wife, \live maiden name) Yrs. o Residence 0 Other.S i 10, Race:Ameri::anlndian,Black,White,etc (Specify) White Bb. County o! Dealh ~\. Cumberland Medical 13, Decedent's Educalion eci ElementarylSecondary(0-12} hi hes! rade co leled 14, Marital Status: Married. Never married, College (1-4 or 5+) Widowed, Divorced (Specify) Marrie Did Decedent live in a Hc. M Yes. Decedent Lived in ~ Townsh~? IV[; nn' pj-nn Twp, 270 Frost Rd. Gardners, PA 17324 Pennsylvania Curuberland Cilyl8oro 1'7d.O No, Deceden1 livectwithin Actual Umits of 17b. County 18 Father's Name (First,middle,\ast) John M. Grenoble 19. Mothers Name (First, middle, maiden surname) Hazel Duck 2Gb. Inlormant's Mailing Mdress (Street, crtyllown, state, zip code) 2Qa, Informant's Name (Type/print) Isabelle M. Grenoble 270 Frost Rd. Gardners, PA 17324 o w U) ::J U) .. :::; .. 21a. Method of Disposition XI Burial 0 Cremation 0 Rem:lval from State 0 Donation o Other.S ci 22a. Signatureot Funeral Service Licensee (or person acting as such) ~~.~ COrfl)lete items 23a-c only when certify,' g 23a. To the best of my knowledge, death occurred al the lime, date and place slated. {Signature and title) physi::ian is not available at time of death 10 certify cause o! dealh 21c. Place of Disposition (Name 01 cemetery. crematory or olher place) 21d. Location (Cifyllown, state, zip code) Goodyear cemetery Gardners,PA17324 22c. Name and Mdress of Facilify HollingerFH&Crematory Mt. 23tl. license Nurrber . Ilems 24-26 must be cOrfl)leled by person who pronounces death 24. Timeo/Dealh Approximate interval Part 11: Enter other sianiocant conditions conlributina 10 death, 28 Did Tobacco Use Contribute to Dealh? onset to death but not resuRlng in the underlying cause given in Part I 0 Yes 0 Probably .g"No 0 Unknown d-P'>ol? -!" M 26, Was Case Referred to a Medical ExarrinerfCoronec? o y" 0"1f0' CAUSE OF DEATH (See Instructions and examples) lIem27, Pari t En1erlhe~-diseases, injuries, orcorfl)tications-lhatdirecllycausedlhedealh. DO NOT enler terminal evenls such as cardiac arresl, respiralory arrest, or venlri:ular fibriHation without showing the etiology. DO NOT abbreviate, Enter only one cause on a line. IMMEDtATE CAUSE (Final disease or corxmion resulting in dealh) ---7 a. 1ffl:;"'~1_~.L 29. If Female o Not pregnan1 within pasl year o Pragnanlallimeofdealh o Notpregnanl.butpregnanllltilhin42da}'5 ordealh o Notpregnanl,bufpregnant 43 days to 1 year betoredeath o Unknown if pregnant within the past year 32c, Place ollnjury: Home, Farm, Slreel, Factory, Office Building. elc. (SpdciM St':f.J 1..1 '!l(1~ ;\'0>>C-"",,"'...l Duefo (ora a consequenceoQ: ~...~? F-t'.. L..~ Due lo{orasa consequence oQ" SeQuentially Iistcondrtions, i!any, ~adiogtolhecalJselistedonLinea - Enter the UNDERLYING CAUSE . (diseaseorinjucylhalinitiatedlhe evenfs resulling indealh) LAST. Due Io{orasa consequence of) 30a. Was an AlJtopsy Perlormed? 3Ob. Were Autopsy Findings Availab~ Prilr 10 Corfllletion of Cause of Dealh? DYes 0 No 32d. Timeo/lnjury 32g.Location(Street,cityfloWfl,Slate) 32a.DateOflnJucy(Montf1,day,year) 32b, Describe how tnjury Occurred: 31. Mann,fDeath nalural 0 Homicide o Accident 0 Pending Investigation o Suicide 0 Could Not Be Determined DYes f- Z W o w U w o IL o w :2 .. z 33a. Certifler(checkonlyone) Certifying physician (Physician certifying cause of death when anothel physician has pronounced death and completed lIem 23) To the best of my knowledge, dQ3th occurred due to the COIUSe{S) and man~r as stated. .... ...................................................._.. Pronourn:!ng and certtfylng physician (Physician both pronouncing dea!h and certifying to cause of death) To the best of my knowledge, dealh occurred at the time, date, and place, and due to thecause(s) and manner as stated Medical examiner/coroner On the basis 01 examination and/or Investigation, in my opinion, dealh occurred al the time, date, and place, and due to the cause{s) and manner as slaled 33d DateSigned(Month,day,year) 35 I,':), I \ I(~I t 101 (See instructions and examples on reverse) , -j :: f~: L~ , '....-' LAST WILL AND TESTAMENT I, John J. Grenoble, of Gardners, Pennsylvania, being of sound and disposing mind, memory and understanding, declare the following to be my last will and testament, hereby revoking any and all wills heretofore made by me. Item I. I direct my executor hereinafter named to pay all my debts and funeral expenses. Item II. I give, devise and bequeath all my property, both real and personal to my wife, Isabelle M. Grenoble, providing she survives me by thirty days. Item III. My wife, Isabelle, and I are the grantors of a joint revocable trust agreement dated March 19, 2004, with Manufacturers and Traders Trust Company in Carlisle, Pennsylvania, as the Trustee. The said joint revocable trust agreement shall be known as the "John and Isabelle Memorial Trust Fund." In the event my wife does not survive me, or dies in a common disaster with me, I hereby exercise the power of appointment referred to in Article I of the aforesaid trust and direct the Trustee to hold the assets of the aforesaid trust in further trust and continue the trust in perpetuity subject to the following terms and distribute the income from the aforesaid trust as follows: A. One -half to Mt. Zion Evangelical Lutheran Church, 4200 Carlisle Rd., Gardners, P A, B. One-half to Lutheran Theological Seminary, 61 Seminary Ridge, Gettysburg, P A. C. If either the Mt. Zion Evangelical Lutheran Church or the Lutheran Theological Seminary ceases to exist then the bequest for that organization shall pass to the Synod Church Council, Harrisburg, Pennsylvania. Upon the death of the second spouse, the assets of the revocable trust shall go into trust for the benefit of these two organizations. The trust is perpetual, and the income only shall be distributed to the beneficiaries quarterly, and Manufacturers and Traders Trust Company shall serve as the Trustee. Said trust shall be subject to the following provisions: (1). In the event that the foregoing charitable organizations are not organizations described in Sections 170 ( c ) and 2055 (a) of the Code of 1986, as amended (hereinafter referred to as the "Code"), at the time when any principal or income of the trust is to be distributed to it, then the Trustee shall distribute such principal or income to such one or more organizations described in Sections 170(c) and 2055(a) as the Trustee shall select in its sole discretion. (2). 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. (3). 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 there under, or retain any excess business holdings, within the meaning of Section 4943 ( c ) of the Code. (4). The operation of the trust shall be governed by 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 as an exempt organization described in Section 501 ( c ) (3) of the Code and the corresponding regulations. (5). The Trustee, however, 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 an exempt organization described in Section 501 ( c ) (3) of the Code and the corresponding regulations. (6). Nothing herein shall be construed to restrict the Trustee from investing the trust assets in a manner that could result in the annual realization of a reasonable amount of income or gain from the sale or disposition of the trust assets. Item IV. In the event that my wife does not so survive me, or dies in a common disaster with me, I make the following specific bequest: A. The sum of $2,500.00 to the Kiwanis International Foundation, 3636 Woodview Trace, Indianapolis, Indiana 46268- 3196. Item V. In the event that my wife does not so survive me, or dies in a common disaster with me, I give, devise and bequeath, all the rest, residue and remainder of my estate as follows: A. Twenty Five per cent (25%) of my estate to my two grandchildren: April Marie Broomhead and Steve Broomhead of 21 Columbus Ave., Belle Vernon, P A 15012. If one of them is deceased, then their share shall go to my remaining living grandchild. D. Seventy Five per cent (75%) of my estate to be divided among my 13 nieces and nephews as follows. If any of my nieces or nephews shall be deceased, their share shall go to my remaining living nieces and nephews. Jacob Charles Sheely, III 818 Merdith Dr. Media, P A 19063 David William Sheely 411 West Simpson St. Mechanicsburg, P A 17055 Laura Ellen Sheely 265 Skyline View Carlisle, P A 17013 Mary Beth Bergey 2840 Louisiana Ave. Baltimore, Md 21227 Loline Marie Himmelreich 4832 Smith St. Harrisburg, P A 17109 Charles William Reider 2629 South 3rd Street Steelton, P A 17113 Pamela Ann Reider 2153 S. 3rd Street Steelton, P A 17113 Linda Carol Biesecker 691 Winebary Circle Lewisberry, P A 17339 Loline Elizabeth Saras 312 Trexler Ave. Kutztown,PA 17530 John William Judge 6205 Patricia Court Fredericksburg, V A 22407 Elaine Mae Macedonia 314 Loch Lomond Madison, AL 35758 Ann Louise Masood 13 Georges Place Fredonia, New York 14063-2122 Marian Leslie Steele 15 Freshfields Comberbach Northwich Cheshire CW96QE England Item VI. I nominate, constitute and appoint my wife, Isabelle M. Grenoble, as my executrix. If she should be unable to serve, I appoint my attorney, George F. Douglas, III, Esquire, as substitute executor, and I direct that either of them may serve without bond. IN WITNESS WHEREOF, I have hereunto set my hand and seal this /116 day of --YVt o.y ,2004. ~~ (SEAL) (.,/ J onn J. Grenoble Signed, sealed, published and declared by the above-named testator, as and for his last will and testament, who at his request, in his presence, in our presence, and in the presence of each other, have hereunto subscribed our names as attesting witnesses: :] fi\ _ _,') ,.- 1;:)9~PI' r :.t-KJ~~UlLY l.~ () \.. ktr1il d fJ.., Pl ,lID w~ COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND I, John J. Grenoble, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my last will, that I signed it willingly, and that I signed it as my free and voluntary act for the purposes therein expressed. ~ -~~ Joh. . Gre~ Sworn to and subscribed before me . "'-~l this 'l{-- ,( L day of (f\ OJ,v I , 2004. NOTARtAl SEAL Kathy L. Mummert, Notary Public Borough of Carlisle, Cumberland Co., PA . My Commission Expires Aug. 11 , 2007 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) We, ~~J,~I.1J~j\,17J..<r i;and Arnav1do,. (n,An)/i V\... ' the v witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw testator sign and execute the instrument as his last will, and that he signed willingly and that he executed it as his free and voluntary act for the purposes therein contained, that each of us in the hearing and sight of the testator signed the will as witnesses; and that to the best of our knowledge, the testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. 1 11 (--' --fJ 'hvf\, C. )'tj~i\3.A-- \,e ~kWlld I-( (IL. ,.BID l J^- Sworn to and subscribed before me this (1..f'r1) of (Y\f)..tj/ , 2004. NOT ARtAl SEAL Kathy L. Mummert, Notary Public Borough of Carlisle, Cumberland Co., PA My Commission Expires Aug. 11, 2007 Revocable Trust Agreement (Joint) .. Manufacturers and Traders Trust Company . M8U'Investment Grou~ Manufacturers and Traders Trust Company is not representing or advising, directly or indirectly, that this agreement or the trust created hereunder is suitable or appropriate for your particular situation. You should consult with your legal advisor regarding the suitability of the Trust and this agreement for your pmiicular situation. . JOINT REVOCABLE TRUST AGREEMENT FOR John J. & Isabelle M. Grenoble ,Husband and Wife ON THIS DATE, we, John J. Grenoble and Isabelle M. Grenoble , husband and wife, of 2~ Frost Rd., Gardners, PA \7324 , and Manufacturers and Traders Trust Company (M&T Bank), the Trustee, hereby enter into the following agreement. CREA TION OF TRUST WHEREAS, we wish to create a revocable trust primarily for the purpose of being relieved of investment responsibility and to provide for ourselves or any person dependent on us if for any reason we are unable to direct in writing the disposition of income and principal of the Dust. NOW, THEREFORE, in consideration of the Trustee's willingness to serve under this agreement, we transfer and assign to the Trustee, in tmst, the property described in Article IX. This property, together with all other additional property hereinafter received by the TlUstee, shall be held, managed, invested and distributed in accordance with the following terms and conditions: ARTICLE I DISTRIBUTIONS During the telID of the Trust, the TlUstee shall hold, manage, invest and reinvest the trust propelty, shall collect the income therefrom and shall distribute the net income and so much of the principal as either of us may, from time to time, request for whatever purpose or purposes either of us may designate. Any undistributed income may be added to principal for reinvestment by the Trustee. We specifically acknowledge and agree that the Trustee shall have no responsibility to detennine the purpose or purposes for which such income or principal is used by whoever of us requests any such withdrawal. If, for any reason, we are unable to direct in writing how to dispose of the income and principal of the Trust, we authorize and direct the Trustee to apply such of the income and principal for our benefit or for the benefit of any person dependent upon us as the Trustee deems appropriate in its sole discretion and to continue our pattem of making gifts to individuals and organizations. Each of us individually reserves the right to appoint any part or all of the principal of the bust to anyone or more persons (including ourselves) by delivering to the other of us and to the Trustee a written instrument executed and acknowledged by the individual exercising this right or by a duly authorized attomey-in-fact for such individual. The Trustee shall not be liable for the good faith exercise of its discretion in its determination that neither of us is capable of managing our affairs. Any payments made under this paragraph to either or both of us, or on behalf of either or both of us, which are made in good faith shall be deemed proper and the Trustee shall have no duty to inquire as to the application of any such payments by the recipient. Upon the death of the first of us to die, the Trust shall continue for the benefit of the survivor of us. Upon the death of the survivor, the Trustee shall distribute the principal, together with any undistributed income, to or in tmst for such one or more persons or organizations as such survivor may appoint by Will specifically exercising this power of appointment or, to the extent such power is not exercised, to the personal representative of the Estate of the survivor, 2 TRUSTEE'S AUTHORITY AND INVESTMENT OF TRUST PROPERTY and this Tmst shalI tenninate. The receipt of the bust property held under this agreement by such person, organization, or personal representative, shall release the Tmstee from any further responsibilities with respect to such property. This Agreement does not serve as a substitute for a Last Will and Testament. ARTICLE II In addition to the powers conferred by law, the Trustee shall have the following powers, to be exercised in its absolute discretion without the order or ratification of any Court: to retain alI assets received in kind as investments, without any duty of diversification, or to sell the same upon such terms as it shall deem advisable; to invest in all fOlms of property without regard to statutory limitations, including in one or more of the collective investment funds maintained by the Tmstee or any affiliate, or such other assets as are acceptable to the Tmstee; to hold shares in any registered investment company which may by advised by the Tmstee or any affiliate and from which the Tmstee or any affiliate may receive compensation as advisor, sponsor, manager, custodian, transfer agent, registrar, distributor, or service provider; to exchange or lease for any period of time any real or personal property and to give options for sales, exchanges and leases; to exercise all rights of security holders including the right to vote personally or by general or limited proxy, any shares of stock; to register any securities in the Trustee's name or in the name of a nominee; to pay, compromise, settle or release any claim or controversy without COUlt approval; to bOlTOW money from any source, including M&T Bank and to pledge any real or personal property pursuant thereto; to delegate discretionary powers as permitted by applicable law; to employ agents, brokers, attomeys and accountants and to treat their compensation as an administration expense; and to make distribution in cash or in kind at CUlTent values, in undivided interests or non-pro rata shares, and without regard to income tax basis. By way of illustration and not limitation, the Trustee may invest in interest-bearing accounts or in certificates of deposit issued by the banking department of the Trustee, or in securities undelwritten by syndicates of which the Trustee is a member, but not if purchased from said Trustee; and may execute purchases and sales through an affiliated discount brokerage service, paying its regular charges as part of the trust administration expenses, so long as it provides services of comparable quality and price as are available from altemative brokerage service firms. The tenD "affiliate" shall include a subsidiaty of the Tmstee or any affiliate of a subsidiaty. The Trustee is not authorized to disclose, pursuant to SEC Rule I 4b-l (c), our names, addressees), or security position(s) of CUlTent and/or future security holdings that the Tmst may own from time to time. The Trustee shall not be liable to us or any beneficiaty of this hust for any loss that may result from retaining or making investments pursuant to our directions. Any action or distribution made by the Tmstee at our direction or with our consent shall be considered proper and authorized by this instrument, notwithstanding any provision of this instrument or rule of law to the contrary and the Trustee shall not be liable to us or any beneficiary of the trust on account of any such action or distribution. During our lives we shall represent the interest of all beneficiaries of the hust, present and future, contingent or vested, in any action regarding the trust and our action shall be binding on all such beneficiaries. ADDITIONS TO TRUST ASSETS REVOCATION AND AMENDMENT RESIGNA TION ARTICLE III It is understood that at any time we may add cash or other property to the Trust created hereunder, provided the same is acceptable to the Tmstee, which cash or propet1y shall become subject to the terms and conditions of this agreement. In addition, any other person may add cash or other property to the Tmst created hereunder, provided the same is acceptable to the Tmstee. In the event of any addition to the Tmst hereunder, the Tmstee shall have no responsibility for filing any gift tax retums with respect thereto, unless othetwise agreed to in writing by the Tmstee. ARTICLE IV We expressly reserve the right at any time and from time to time to revoke, alter or amend this agreement by written notice delivered to the Tmstee, provided that the duties, powers, compensation or liability of the Tmstee shall not be changed without its written consent. Any such notice must be signed by both of us or by the survivor of us. However, if at the time of such revocation one of us is then incapacitated, then only the non-incapacitated spouse need sign such revocation notice. Upon receipt of a revocation notice hereunder, the Tmstee shall, within ninety (90) days thereafter, deliver all propet1y held hereunder as the revoking spouse or spouses may direct in writing, with any real property distribution hereunder being made to us as tenants by the entireties if both of us are then living, or to the survivor of us, if one of us is then deceased. The Tmstee shall be relieved of all liability for acting in accordance with any such directions. One or both of us shall be considered as "incapacitated" or "incapable of managing our affairs", for purposes of this tlUst when the Tmstee receives written certification fi'om two physicians, one of whom shall be the regular attending physician of the individual whose incapacity is at issue, that one of us (or both of us as the case may be) has become unable to act rationally and prudently in his of her financial best interest, regardless of whether there has been any adjudication of incapacity, mental illness, or need for a committee, conservator, guardian or similar representative. A recovety from incapacity for purposes of this trust shall be upon the receipt by the Trustee of written cet1ification from two physicians, one of whom shall be the regular attending physician of the individual whose incapacity is at issue, that such person is no longer incapacitated and is again able to manage his of her own financial affairs. The Trustee shall not have any duty to monitor the health of either of uS" or to institute any inquity into the possible incapacity of one or both of us. However, should any such inquity be reasonably instituted, the expenses of the inquiry shall be paid from the ttust estate. The Trustee shall not be liable to anyone, including either or both of us, for relying in good faith on the aforementioned physicians' certifications. A physician shall not be liable to anyone, including either of us, for certifying (or failing to certify) in good faith that either of us is or is not incapacitated for purposes of this instrument, and such physicians shall be indemnified and held harmless from any loss occasioned by such certification or non- cet1ification made in good faith. ARTICLE V The Tmstee may resign at any time without stating cause by delivering thirty (30) days written notice of such resignation to us. In resigning hereunder, the Tmstee shall deliver, within ninety (90) days of the effective date of its resignation notice, all propet1y held under this agreement to us or as we may direct in writing. Any directions to the Tmstee with respect to the transfer of the property held hereunder, shall be made by both of us, or in the event that one of us is then incapacitated, by the non-incapacitated spouse, and following the death of the first to die, by the survivor of us. 4 COMPENSATION CHOICE OF LAW MERGER OF TRUSTEE PROPERTY SCHEDULE CONSUL T A TION WITH ATTORNEY Any real property distribution hereunder shall be made to us as tenants by the entireties ifboth of us are then living, or to the survivor of us, if one of us is then deceased. ARTICLE VI The Trustee shall be entitled to deduct as compensation for its services hereunder a fee which shall be in accordance with its schedule of charges in effect at the time such services are perfonned, and which shall be payable at such time and in such manner as the Trustee may from time to time establish. For any special or extraordinary services, the Trustee shall be entitled to additional reasonable compensation for such services. ARTICLE VII This agreement and the Trust hereby created shall be construed and govemed by the laws of Pennsyl vania without regard to its conflict oflaws provisions. ARTICLE VIII Any corporation resulting from any merger, conversion, reorganization or consolidation to which the Trustee may be a party, or any corporation otherwise succeeding generally to all or the greater pari of the assets or business of the Trustee, shall be the successor to it as Trustee hereunder without the execution or filing of any paper and without any further action on the part of any pariy. ARTICLE IX The Trustee acknowledges receipt of the property listed below and accepts such property upon the telms and conditions herein set fmih. o The property schedule is attached. ARTICLE X We understand that this agreement with the Trustee does not serve as a substitute for a Last Will and Testament and that we are hereby advised and encouraged to discuss the terms of this agreement and its relation to our estate plans with an attorney of our choice. Furthermore, we understand that the Trustee's acceptance of this Trust does not constitute in any way a recommendation for or an endorsement of the joint form of ownership of our estates. 5 ARTICLE XI AUTHORIZATION Unless the context otherwise clearly requires a contrary result, the Tmstee is authorized to act in any matter hereunder upon directions by either of us, or in the event that one of us is then incapacitated, by the non-incapacitated spouse, and following the death of the first to die, by the survivor of liS. The Tmstee shall be relieved from any liability for acting in accordance with any directions given hereunder. ARTICLE XII ENTIRE AGREEMENT This agreement constitutes the entire agreement between the Tmstee and us and supersedes all prior or contemporaneous discussions, understandings or agreements between us. IN WITNESS WHEREOF, this agreement has been executed, as of the day and year first written above, by us and on behalf of the Tmstee by its duly authorized officer. Tmstee: MANUFACTURERS AND TRADERS TRUST COMPANY ,/"'~ / ,~/ // L~Uth?';~D;'''' , Gmnto'Si~~le Date :3 ) R ~6~ I I I'll c:J..4c' t1. /9 2 ()Z) /f I , Date (;) . , !!- l'l " "" \..... C-/, , ,,-.~.~,~tL m 'VL~1'~' ~. Grantor Signature Isabelle M. Grenoble \-l'?~ 11/~oo.f Date .' 6 CoM I'M ~weA I i-h 0 ~ A k COUNTY OF CVvw\.\'<< l~-, On the ! q ~ day of (V\.~ , in the year 20JJL, before me, the undersigned, a notary public in and for said C i) M N"<)r\ Ill'@ a/Vt+- , personally appeared ~T h fvr-. cr, G-rP,~ bhe , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that A.~ executed the same in ,,; 5 capacity, and that by ~,. S signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. ) :88. ) ~~~[.;<~ Notary Public (!:() '" fV\l J 11 W e ct-l U. b \- fit COUNTY OF Qu..~la r\-j One the t q f-k day of ~ \'ch , in the year 20~, before me, the undersigned, a notary public in and for said 4 f)'\. Y\"-~ a.ft+.. , personally appeared .r <,q)'fdJ..e. fY\ Gre (l.obl-e_ , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that ~ e#- executed the same in h ~ capacity, and that by ,,~.~ signature on the instmment , the individual, or the person upon behalf of which the individual acted, executed the instrument. ) :8S. ) !'Jatarial Seal Gwendolyn E Killian, Notary PUblic Carlisle BOlO, Cumberland COUrilv My Commission Expires Nov. 22.~!6Cl" Memt1er. PennsvlWil1lCl p."SOGla!!on N f'j.:;'", '0.', CLM^~1Jea. kt of f~ COUNTY OF Q.W\ ~~H.r la-"c:l AJ~fY' Z,k~ Notary ~ub1ic .,' ) : SS. ) Notai ;al :3E~d! ! Gwendolyn f K,illian, Notaxy!'ul-,;" I Carli<lie BOlO, Cumbellsl1ct (,oun: j ! My Commission Expires Nnv. 2? ';'ii}i ~.'_~'~'''''''''~'''A~''''''''____'~'-''''''''.__'._~_;_''__''-''~_~_''''-&~-', .--"" .._~.- --- IVIHlnber, PGnn~j~i!\i(.',n!:::!. ,t:J..S~}OC\8tl;Al oj' On thi ---1 't t-l , 20.Qt, before me personally appeared G:: v , to me personally- lmown, who, being by me duly sworn, did depose and say that deponent resides at "Rd. in the (It(t'' (/"':JlfJ 130 '0 , ~ ~b"^~ d1f1 t County, P(2^I\~/Vl1 "-,....0, ; that deponent is V r' esi e~ of \tIANUF A URERS AND TRADERS TRUST COMPANY, the corporation described in and which executed he foregoing instrument; that deponent knows the seal of said corporation, that it was so affixed by order of the loard of Directors of such corporation; and that deponent signed such instrument by like order. ~~ ~_ k~~ Notary Publtc ASSET SCHEDULE .....lJ'\ ..... ..... ..... D Q...::t 0 ....... 00 ..- ....... M ZO ::E: 0 < a:: 0 r- r- l/\ 00 0\ 0 r- :t 00 \0 r- 0 0 a::..J ::IW 0 0 C\J N \0 M l/\ .:t ..- 0 0 0 0- > .........J NO 0\0 l/\O\ 0"- lJ'\0\ Or- OM .:t\O NO O\.:t MlJ'\ 000 Or- \0 0....... M r- Nl/\ .::to\ .::tl lJ'\\O O:t \Oit'I it'Ir- r-OO \Oit'I 0\ 0 ..- .:t ZD \0,.... eo.:t M r-<') ....,..... \000 <')r- I ..- ..- r- <') it'I 0 I . I . ....... ..J ..... ::t ..... 00 r- ..J< ..- <W ....... ::10:: M ZZ: Z::I < ..... Oell ~ <') ell ell << I- r- eo 0\ ..... eo N r- \0 it'I 0\ r- ea ::.:: - 0 ::E: N l/\ \0 it'I 00 .:t l/\ 0 w:r ~ o ell -< a:: 0 ~ I- l/\ ::t 0 0 0 0 r- OO N 0 l/\ .:t \0 ell O\l/\ 0\0\ 00 :tN O\N r-it'I M\O Nit'I .....00 NO NN 0\0 O\N 00 0 N N ~ z: . J 00' :::.:: 0 0 00- 0\ . r- OO 0 .::tN ::t\O ......0 0\0 ON <0\ ......00 .:tOO \000 000 \00\ it'I..- MC\J N I-.::t l-it'I 000 O\.:t 00..... zo 000 000 1-0 1-0 1-0\ 1-00 I-M I- ..J \0\0 \Ol/\ 00 O\r- l/\O r-oo ..::t<') NO\ \ON \00 \00\ \00 \00 \0 < r- . r- . l/\ . o . r- . ..... . Ll'I . N . r- . r- . r- . r- . r- . r- I- 0:: M..:t <')..... Nit'I co 0\ ..:tll\ O\:t Mll\ 0\00 <')0\ <')l/\ "'10\ <')M <')\0 tt'l (/) W l/\ l/\..... ::tN ON ..- ON -.0 ""'M ll\..... l/\ l/\"- it'I lJ'\ ll\ 0 l/\ l/\ ..- r- ..:t r- -.0 0 Ll'\ Ll'\ Ll'\ Ll'\ Ll'\ Ll'\ ..J W ...... (/) 0 ..... ..- N 0\ D ,.... ..... ,.... ..... .-- Z ....... ....... ....... ....... ........ 0 ..... ..- ll\ ,.... Ll'I M CI ILl Ll'\ .:t OCO 01"- .....0 Ol/\ .--Ll'\ cO MN ..... Ll'\.:t ......:t .:tN ..J ::I Ll'\ 0\ .......:t .......lJ'\ ........::t .......r- ........0 \0 :to .::t.:t ....0 Oit'l 'II::::t \0 0 ..J M . \0. ..... 0 '11::' tt'l . M :to eIl/lr- :r < N \0 0\ I"- .....M ..-\0 ... \0 O::N 0\ "-\0 'II::.:t '11::0\ 00\ Oll.:t > O..:t 0Ll'\ Ll'\ M 0 r- :t Oll\ ell II Or- '11::..... ll\ I"- ......M ZII'II:: N\O NLl'\ eIllI~"- ~N ~O ~..... ~N <0 011......0\ 0\ 0..... 000 Itt'l ::III < l- (/) /I::t . ..:t . 0110 .. o . 0 . 0 . 0 . (/)11 . Z II I . 0 . ...... . ...... . u...1I0 ....... ILl Oll"ll::..:t "11::"- ZIIOit'l 00 0Ll'\ 0Ll'\ OLl'\ IIzcO ::111-0\ u...:t ::t I '" r- 1Iu... ::I I- ::.:: ZII ..... OIlLl"\N cOM 0\ ON 0 a:: 110M u...1I ..... I -N I- Will < 0:: ::1110 0 call 0110.. III- (/) ::E:II- W ell < u...1I...... u... .......IIN C\J \0 M -.0 <II(/) ..JlleIl l- I- z 011 0:: ..J :E /I I I ell II .......11 I <lIz I- ell (/) 0111- ::l . Z 1-11- WII D < <( ::.::IIU ::1/1- en Z Z I z/leIl CI:l W 0 WII 1-11 ::.:: ...... c... UII..J I- II I Z J: -lIz ..J - ::.::111- I- 011 ~ ILl 0110.. ::I1Iu... I l- II- W CI:l I- 0::11 en en ZII :r: 1-11 ::E:1I1- I ::.:: J: ~ 0111 <..) 0 0.. <IIZ Z II > (/)II(/) II~ >< l- I- 0:: wlIO - Z -> ::E:II-0 -0 -1100 <0 0 1-0 1-0 11::'::0 >11 0 WO (/)0 ~O 00 Xllz > W O::~ II '0 10 ZII(/)O Q...O 0 eno ZO ZIla:lO 1-1I0.:t 0\0 0\ O::M N -110 0:: 0:: 0....... >1I1-ll\ I-..:t ::111<0 0 <0 0 ao 011 0 -lIz"", Z\O Q...cO 0.::1' o..N u...llca ILl D en(/) WII::'::l/\ ::':0\ ::E:II 0 00 CloO <0 0 ::E1I:r:O ::111-0 -.::I' <Ll'\ 0\ <\0 II en r ww ZII::E: ::E: 11< en z ::Ell(/) all . <..) Clo 0 WII- 00:: 011 N \0 I-IICloO 0 DO zo 00 Oil-cO wlI>:t >C\J N <..- cO ..J/lZ < ::E:1I>.::t >Ll'\ CloII 0 1-0 a:: 0 <0 1-0 0110::\0 111-"'" I-N WN OcO -0 a:lll::l ::.: 0 >:r: IIW\O Wll\ ::EIIWO eno ::10 >0 c...0 II-N 011-0 -it'I 0\0 N I-Ll'\ <II::E z: l/\ I-en WIIZ . Z . WII..J .. W . CI:l . ..J . ::E: . Z:II . -11::1 . ::I a:: . CI ..J XII < Ll'\ ..JIJO..:t 0..... XII[/)Ll'\ 0::0 [/)it'I >Ll'\ c:(it'I DIIO..- I-lIaN CJ <CN ::l <CII<C <Xl 0\ a:: <Xl1I:::E: :::E:,.... WII-N OM - eIlN x: -IIW en/lw w .J ::E :;: 1-11,,- 0 ::l <II II..J Z a:: z I- ILl 11- wll I II l- N <..) xllea <Xl X//a:: z: cr: z: or:: cr:1I..J :;://<Xl ~ <Xl <Xl 00 z://<Xl 0 w <III- I- <II<C w < w 0 01l..J 0111- l- I- I- 0111- ~ 0 ell I-II::E :;: 1-110 Q... ::z:: ~ z: .....11<( ClII::E :;: :::E: :;: :::E: z:1I:Z: ..- ::e:: ..... C\J1.l"I ..... ..... Cl O-..:t 0 , OJ , ...., ZO - :E C <c a:::c r- (\/ a:::..J ::lW ...., ...., 0- >- '..J (\/ If'II.l"I 0' ...., .::tC\J .::t ZCl .::t r-1.l"I 0 I , ..J ....,\0 r- ...J<C ..... ..... <cw ...... ::la::: "" Zz Z:;:) <c lJ.. O(/) 0- (/)(/) << I- OJ 0 CJ :::.:: c :E (\/ 0 W:J: ~ I.l"I 0 O(/) -< a::: 0 ll.. I- (\/ ('I') 0...., 0\ (/) 0\ If'I Olf'l .=t 0 U \0 "" Oc<') 0\ ..... 0 0 0\ ..J .=t OJ OJ ..... <{ ~ ~ ~ I- a::: 0 OJ OJ \0 1Il W ...., (\/ C\J ..... C C\J .::t .::t ..J W u.. (/] " z c w C\J r- Or- .=t.::t ...J ::l \0 .::t o.::t 0\0\ 0 ..J :J: <{ .=t aO OOJ \0\0 > OJ C\J C\J If'II.l"I 0\ ...., ...., If'II.l"I <{ I- ~ , W 0\ If'I I.l"I .......... :;:) I- :::.:: C\J '" M .......... <{ a::: C\J .=t .=t I W (/) <{ a:: ...J :E ::l ~ z lXl W 0 ..J W W m I- u 0 0 0- Z - Z -> 0 (/) :J: ...J :J::J:< > w a::: 0- \0 I- (/)<{ (/)(/)..J a:: a:: 0...... 0\ Z <I- <{<< w Cl (/)r.!l 0 W uo uum r.!l r ww :E I- oa:: If'I I- ...J wwo < ..... l/) <{ :E:E- :::.:: 0 >-:c \0 w ll.. 00:;:) Z I.l"I I-r.!l , > uocr <{ If'I ..... Z 0 zz- lXl 0\ a::: C\I Z --...J 0 :;:) l- N (.) a:; .>- 0 w Q. >0:: ~ 0 (I) ZlJ..f -- -> ::;: ",,\S"\ ,- ,- ,- ":t ~O - dJ ,- ....... <'l ;;!i:0 - 2: '2. :t o - r- ,- ....... <'l 1Qt/) t/)t/) 0;{, 0;{, cO e:x:. ~1fJ. CX;O ~ ~o ~cl 0- ')- ~t/) CX;O ='w o~ wO ~~ cO -~ 0- zO i :iw ~~ ~::;:l ~ I- -:;t. ~ l- t/) - ..J If) C) ~ o c5 ::c I- If) o o :i e1 o w u.- w ::;:l :i ';>' 4. I- _ W I- -:;t. t/) ~ ....1 ~ ~ :z:: ~ 0 ~ ~ :z:: -';>' W ~""' 5 ~~ t WW o~ -:;t. 0 ,..:x:. ~ '&. I-If) cO ~ ~ I- ~ ~ ~ 0 t/) .,... ... ... -- :::l 4. W ct: :::l cO ~ ';>' ~ If) ~ o 010 o 01 o O~\ o 01 ,- ,-1 I I I I I I I wt/) 00 4.W ~w 1-0 o CX; ~ o o o ~ o ,- 010 0' 01 .., 01 ...1 I , I I I , I :x:. IfJ. o :z:: ...0 :::r r- "" :::r ... > ,.,.z =ll::.:Z:: ~0605 t/)u.-:Z::u.-:Z:: W,-:;t.I-:;t. g:,_:z::-:Z:: 0;{, =' :::l :s:1- I- t/)I/l III :z:: 11:. t/) w '2. ~5 01- ' I Z""' o~, __ 5 '0 t/) ~5 I-cO~:Z::..J w wt/) 4. 1--1- ~ ... .... _t/) III ~... tn:Z::z')-~ CX; o :::l I- I- ')- w$-j;; C) I- ~ 4.WOcO z: ct: I-~(/)W - zswwcOdJcOdJ ~ ..."1-1-...1-'" w (ji'44.$-$....... ~ ct:O "" <'l l- 0 0 o w 0"" dJ '" ct: Z '" '" 0-$ r- r- ~ -ow ...0 ...0 ~, z:1- c<) c<) ..- I-W_XN~N ct: wo.. $'-W'- - t/) ,,",0-:;t.0 c); t/) > ~ 0;{, 4.:0. (.) ,~~:, - "_~'>,~,"';,>'~>,:,:-" ,:";"'," ," ",: :,:', <'~:, \"~,,::,,,.t~,:f:P.:.-,:',~:.>,:-~~,,:,:: ,":,. ,,'>~ ,'~, ~:':\!:A M&Tlnvestment Group INVESTMENT SERVICES FEE SCHEDULE Annual Administrative or Trustee Fee Based on Market Value of Assets .35% ofthe market value of assets Annual Investment Mana~ement Fee Based on Market Value of Assets The annual investment management fee does not apply to investments in any of the fluctuating NA V portfolios of the MTB Funds, excluding the MTB Equity Index Fund. .70% on the first $500,000; .55% on the next $500,000; .35% on the next $1,000,000; and .10% on the balance over $2,000,000. Annual Base Fee $1,200 prorated and paid monthly Additional Char~es For Trust Accounts Onlv This fee schedule is for normal services required in the management of a trust. Additional fees are charged ifthe trust demands services beyond those normally required or if the trust holds real estate, closely-held business interests or life insurance. For services required in the partial or complete termination of a trust, reasonable and appropriate charges, not to exceed 2% of trust assets, will be assessed commensurate with the work performed and the responsibility assumed. There will be no termination fee assessed if a revocable trust is revoked or transferred by the Grantor. The allocation of fees between income and principal shall be within the discretion of the trustee. MTB Funds MTB Investment Advisors, an affiliate of M&T Investment Group, receives investment advisory fees directly from the MTB Funds, and Manufacturer's & Trader's Trust Company receives fees as the custodian for the MTB Funds and for certain administrative services provided to MTB Funds. These fees and other operating expenses are described in the MTB Funds prospectus accompanying this fee schedule, which should be read carefully and retained for future reference. Investment advisory fees for all money market portfolios held in IRA Rollover accounts shall be rebated to the account. Updated January, 2001 Schedule#453 ,c,:' ",_~,,'~~--, " ,,', ,/ "',, ~ -_:' ;,', "'-' : ~~: --:' -' " _ ," ", ", 'iM M&T Investment Group INVESTMENT SERVICES FEE SCHEDULE Sample Annual Account Fees Account Size: Annual Fee -- (Base +%) If MTB Funds Not Used: $ 500,000 $ 600,000 $ 700,000 $ 800,000 $ 900,000 $ 1,000,000 $ 2,000,000 $ 3,000,000 $ 4,000,000 $ 5,000,000 $10,000,000 $ 6,450 (129.0 basis points) $ 7,350 (122.5 basis points) $ 8,250 (117.8 basis points) $ 9,150 (114.4 basis points) $ 10,050 (111. 7 basis points) $ 10,950 (109.5 basis points) $ 17,950 (89.7 basis points) $ 22,450 (74.8 basis points) $ 26,950 (67.3 basis points) $ 31,450 (62.9 basis points) $ 53,950 (53.9 basis points) Annual Fee -- If MTB Funds Used For All Investments*: $ 2,950 $ 3,300 $ 3,650 $ 4,000 $ 4,350 $ 4,700 $ 8,200 $ 11,700 $ 15,200 $ 18,700 $ 36,200 * This fee only reflects account level expenses. Additional expenses are incurred by each individual portfolio ofMTB Funds. For more details on these expenses, please consult the MTB Funds prospectus accompanying this fee schedule. Revised, January,200l Form#453 INSTITUTIONAL CLASS PROSPEC;TUS : August 25,2003 r-~ m M&I'lnvestmentGroup GRANTOR / BENEFICIARY MUTUAL FUND DISCLOSURE STATEMENT ACCOUNT NUMBER(S): <Io fJiV (l- 'ii- -r::::;N i2>filAJJ?- hI") G ((1Sivof?, LJ5; rfLuCT M&T Bank is committed to providing the above trust account(s) ("Account") with the care and attention that it deserves - and the high level of professional services you expect With this commitment in mind, we are pleased to make available quality mutual funds, including the MTB Group of Funds. M&T Bank plans to invest the Account's cash balances in a money market mutual fund and may use one or more other mutual funds in the Account's portfolio as we feel appropriate for the Account. These mutual funds may include: (1) the MTB Group of Funds ("MTB Funds") advised by MTB Investment Advisors, Inc. ("MTBIA"), a subsidiary of M&T Bank; and (2) mutual funds advised by parties not affiliated with M&T Bank (''Third Party Funds"). (MTB Funds and Third Party Funds are collectively referred to herein as "Funds.") MUTUAL FUND FEES: MTBIA, M&T Bank and their affiliates ("M&T") provide investment management, shareholder services, administrative services, and services under 12b-l plans to the MTB Funds and may provide eertain services to Third Party Funds. M&T is entitled to receive compensation for the services that it provides to Funds. The t:ees paid to M&T may change from time to time and, if M&T provides additional services to the Funds, it would be entitled to receive additional compensation from the Funds. MTB Funds: The fees that M&T currently receives from the Funds are describ(:d in the Funds' prospectuses. Federated Funds: M&T also provides certain services with respect to mutual funds advised by Federated Investment Management Company ("Federated Funds"). These services may include transfer agent and subtransfer agent services, aggregating and processing purchase and redemption orders, providing shareholder statements, processing dividend payments, subaccounting services, forwarding shareholder communications, and proce:ssing shareholder proxies. Currently, M&T receives the following fees for services provided to the Federated Funds: Up to .35% of the average daily net assets of the Pennsylvania Municipal Cash Trust and the Automated Government Money Trust held by clients of M&T Bank. Up to .25% of the average daily net assets of the Government Obligations, the Prime Value Obligations, the California Municipal Cash Trust and the Treasury Obligations Fund held by clients of M&T Bank. The fees described above are computed daily and paid at least monthly. The Account will not pay a sales commission in connection with the purchase or sale of the shares of any Funds. The fees described above are in addition to the fees M&T Bank receives for providing services to the Account. {(fP . J;rn .J;J Mutual Fund Disclosure Statement Rev (09/03) Page I of I 60-2956128 313 4476 ~ ;kl M +I:0~~~029S51: SCENIC AMERICANA March 19, 2004 Mr. Thomas E. Morkin M&T Investment Group 1 West High St. P.O. Box 220 Carlisle, PA 17013 Re: John J. Grenoble and Isabelle M. Grenoble, T/A Dear Mr. Markin: Please transfer the income produced from the above mentionesl trust on a qt.40 J(7t;~ (" i basis to our joint checking account with M&T Bank, Account # 3 ~ 7 )"'3..J'o. . / Sincerely, ~~ Jo n J. Grenoble /7 1 "1 i1 .'7- ,-J~ d tfJk~~ >17. ~~ Isabelle M. Grenoble MANUFACTURERS AND TRADERS TRUST COMPANY AUTHORIZA TlON FOR DIRECT DEPOSIT OF TRUST DISTRIBUTIONS TO BE COMPLETED BY DONORlBENEFICIARY (Please Print): Social Security Number: ()cf6 -~ ~ - d~(j,? ll:1-.J '(-3"['/57 Grenoble I, John J. Grenoble & Isabelle M. , authorize and request that Manufacturers and Traders Trust Company ("M&T Bank") deposit the distributions which I am entitled to receive as a donorlbeneficiary of the _ John J. & Isabelle M. Grenoble Trus t Trust in the account ("Account") at the depository bank ("Depository Bank") designated below according to the following instructions: Beginning Date: When Requested Name of Depository Bank: M&T Bank Address of Depository Ballie 1 W. High St. (StreetJP.O. Box Number) Carlisle, PA 17013 (City, State Zip Code) Account Type: Account Number: Account Title: Depository Bank ABA Routing No. & Check Digit: 022000046 I agree to be bound by all M&T Bank's regulations governing funds transfers as in effect from time to time and applicable law. I understand that M&T Bank, all intermediary banks, and the Depository Bank are each entitled to rely on the account number for the Account and the bank identifying number provided above even if the numbers and names given for me and the Depository Bank refer to different persons or banks. Banks have no duty to discover any discrepancy between names and numbers. I am hereby warned to verify all account numbers and bank numbers with extraordinary care. I hereby authorize M&T Bank to withdraw from my Account any deposits made in error (e.g. subsequent to my death) and I specifically authorize and direct the Depository Bank to debit my Account and refund said amounts to M&T Bank as disbursing agent. I understand I have the right to revoke and cancel this authorization. Such revocation or cancellation will take effect when I notify M&T Bank in writing. M&T Bank can at any time cancel any future automatic transfer by notifying me orally or in writing that it is doing so. The cancellation by M&T Bank will take effect when M&T Bank sends or delivers the notice to me unless M&T Bank tells me in the noti,,,h,t it will take effect l.teL f ~W<AA/~ ...?'" Date, YnG0?e-,?u 19:, 2CX5f Signature of Donor/Beneficiary: ~Q o"QtLz.- VJ; - /~'....-- Date:. >)(.-(~...-IL.-<'-A I 'j 1<;< 0 oy:: Address of Donor/Beneficiary: 270 Frost Rd. (StreetJP.O.Box Number) Gardners, PA 17324 (City, State Zip Code) Telephone Number: TO BE COMPLETED BY DEPOSITORY BANK (Please Print): This authorization is acceptable to M&T Bank , the Depository Bank, and the Depository Bank agrees to accept the funds for deposit as described herein. The Depository Bank further agrees to refund to M&T Bank any payments received, in accordance with this authorization, which were paid subsequent to the death of the donor/beneficiary or otherwise in error. The liability of the Depository Bank is limited to the funds available in the donor/beneficiary's Account at the time M&T Bank requests a refund. The Depository Bank represents and warrants that all of the information relating to the Account and itself provided in the instructions above is correct. ACH Affiliated: Yes X No Depository Bank ABA Routing No. & Check Digit: 022000046 Telephone Number: 717 240-4508 Authorized Signature of Depository Bank Representative: Date: Title: Please Return To: Private Client Services, M&T Bank, Gwen Killian, P.O. Box 220, Carlisle, PA 17013 [M&T - complete appropriate regional address] Form W-9 Request for Taxpayer Identification Number and Certification GiVE! form to the requester. Do not send to the IRS. (Rev. January 2003) Department of the Treasury Internal Revenue Service N Cll OJ '" CL C o CIl <Il c.15 >>.- ... ... ... C.l o 2 'i:ti .- c C::~ <:: Ti Q) c.. Vl QJ QJ (/) Name Isabelle M. Grenoble Business name, if different from above O Individual! Check appropriate box: Sole proprietor Address (number, street, and apt. or suite no.) o Corporation 270 Frost Rd. City, state, and ZIP code List account number(s) here (optional) O Exempt from backup withholding Requester's name and address (optional) o Partnership 0 Other ~ __ __ _ _ _ h . __ __ __ _ _ Enter your TIN in the appropriate box. For individuals, this is your social security number (S.SN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions onX page 3. For other entities, it is your employer identification number (EIN). If you do not havl~ a number, see How to get a TIN on page 3. Note: If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. IDI1J Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (e) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. person (including a U.S. resident alien). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. (See the instructions on page 4.) Sign Here Signature of U.S. person ~ X Purpose of Form A person who is required to file an information return with the IRS, must obtain ,your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. U.S. person. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. Note: If a requester gives you a form other than Form W-9 to request your TIN. you must use the requesters form if it is substantially similar to this Form W-9. Foreign person. If you are a foreign person, use the appropriate Form W-8 (see Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Date ~ X /71..~ I ~~ .2 a CJ 4 ./ Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a ta)( treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the recipient has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Form W-9 (Rev. 1-2003) Cat. No. 10231X Form \lV-9 Request for Taxpayer Identification Number and Certification GiVE! form to the requester. Do not send to the IRS. (Rev. January 2003) Department of the Treasury Internal Revenue Service N ClJ OJ OJ 0.. c o Q) III c-!5 >,.- .... .... ... l) o 2 ........ C III .- c 0::; l:: 'w III c- II) OJ OJ II) Name John J. Grenoble Business name. if different from above O Individual/ Check appropriate box: Sole proprietor Address (number. street. and apt. or suite no.) 270 Frost Rd. City. state. and ZIP code Gardners PA 17324-881 List account number(s) here (optional) o Corporation O 0 0 Exempt from backup Partnership Other ~ _ __. _ __ _.. __ _. _ _ __ withholding Requester's name and address (optional) Enter your TIN in the appropriate box. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on X page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note: If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. mDII Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (e) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. person (including a U.S. resident alien). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. (See the instructions on page 4.) Sign I Signature of Q..QAA _ (jJ2v.. _, Here u.s. person ~ X U'" Vy~ ;:J-. t:? ~~.0-tf-4 Purpose of Form A person who is required to file an information return with the IRS, must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. U.S. person. Use Form W-9 only if you are a U.S. person (including a resident alien). to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. Note: If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Foreign person. If you are a foreign person, use the appropriate Form W-8 (see Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Date ~71-10-Yzd~ I? Z.OO~ X I I Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the recipient has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain lypes of income, you must attach a statement that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Form W-9 (Rev. 1-2003) Cat. No. 10231X M&T Investm~nt Group STATEMENT of INVESTMENT GUIDELINES for John J. and Isabelle M. Grenoble Joint Revocable Trust Thefollowing is a summary of the major investment guidelines which our investment manager, M&T Bank, is expected to follow in the management of this portfolio. These guidelines are understood by us and will remain applicable until further notice. Portfolio Objectives: Generate a competitive return from capital appreciation and income f(eneration over a longer-term investment horizon. Utilize a mix of equity and fixed income investments that will provide the opportunity for long-term capital growth and current levels of income. Risk, measured in terms of portfolio volatility, is anticipated to be similar to that of the broader financial markets. Asset Ran e & Tar ets: FIXED INCOME TILT- TAX EXEMPT 0% 30% 5% 60% 90% 70% 10% 40% 25% Primary Fixed Income Style: Active Management - Strategy: Opportunistic approach focused upon total rate of return and capitalizes on market opportunities. A lonf(-term orientation is used to evaluate underlvinf( market as well as investment specific fundamentals. - Quality: - Maturity: - Diversification: Investment f(rade securities. A veraf(e ten years or less. - Benchmark: u.s. Treasury. agencv & corporate securities and/or Municipal obligations. Lehman Intermediate Government & Corporate Index. Primary Equity Style: Large-Cap Core - Objective: Capital appreciation. - Strategy: A balanced investment approach between value and f(rowth stocks. This style of investinf( will blend typical value strategies such as low price to book values, low price to cash flow, low price to earninf!s multiples, and hif(h dividend yields, with growth stratef(ies such as hif(h price to book ratios, hif!h price to earnings ratios, hif(h price to sales ratios. and low dividend yields. Security selection is primarily based upon u.s. stocks issued bv well-established companies. The market capitalization for the maioritv of the securities will be $10 billion or more. - Diversification: Amonf( several different economic sectors. - Benchmark: Standard & Poor's 500 Stock Index. Cash Flow Requirements: Other Investment Considerations: Approved by: Signature 9fttv 9t~~vd~ Q./)/};7.'0~/ Ii ~.--cG/;~. .~ ,? I. ~.. Date fl1t2--'h::l,,-- I,? 2/v9~ ~/1/d60f