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HomeMy WebLinkAbout09-13-06 .. , ii)C(Y!Jr,r-n nC1"FlrF \;;1'': 1 1. .._j\.)~ 1,._1;.. ,J.....: ...}__ '-.jJ , (' -) " JOANNE HARRISON CLOUGH. PC BY: JOANNE HARRISON CLOUGH. ESOUIRE Attorney I.D. No. 36461 24 N. 32nd Street Camp Hill. PAl 7011 Telephone: (717) 737-5890 ZrI( ('17D 13 D1___ 1'1 2: I J l.u:J ,L.' I r ClEF.I< C F Attorneys for Plaintiff IN RE: JAMES ALOYSIUS RUHLAND : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS COURT : NO. J.-\ -OLD - O<a'O'L PETITION FOR GUARDIANSHIP AND FINIANCIAL RESPONSIBILITY OVER MINOR'S ESTATE AND PROPERTY AND NOW, this 5th day of September, 2006, comes, the Petitioner, Joseph T Maurer, by and through his counsel, Joanne Harrison Clough, Esquire, and files this petition for Appointment of Guardianship Financial Responsibility over the Minor James Aloysius Ruhland's Estate and Property and therefore avers as follows: 1 The minor child James Aloysius Ruhland was born on the 25th day of November, 1997. 2. Pamela Maurer Ruhland was the natural mother of James Aloysius Ruhland. 3. In the summer of 2002, Pamela Maurer Ruhland was diagnosed with ALS. 4. Petitioner Joseph T. Maurer adopted the minor child James Aloysius Ruhland on Ocotber 17,2005. See attached Adoption Petition of maternal grandfather of James Aloysius Ruhland. 5. On October 30,2003, Petitioner Joseph T. Maurer established a James Ruhland Irrevocable Trust, which is an irrevocable trust set up for the specific benefits for the minor child James Aloysius Ruhland. , , " 6. On November 28, 2003 Pamela Ruhland executed a Codicil to her Last Will and Testament specifically directing that all of her property at the time of her death be placed into an Irrevocable Trust created on October 30, 2003, named "James Ruhland Irrevocable Trust" which was established by Joseph T. Maurer, the settlor and trustee. A true and correct copy of the Codicil Pamela Maurer Ruhland executed on November 28, 2003 is attached hereto as Petitioner's exhibit 2. 7. On April 19, 2006, Pamela D. Ruhland died. After her death, Petitioner negotiated a life insurance and health insurance settlement for benefits for Pamela Ruhland from an insurance carrier UNUM Life Insurance Company of America on behalf of the decedent Pamela Ruhland. . 8. UNUM Providence Insurance Company has indicated that they will release the insurance proceeds for which the minor child James Aloysius Ruhland is the beneficiary "upon receipt of a Court Order appointing a guardian over James Ruhland's estate and property". 9. Petitioner, Joseph T. Maurer, requests the Court appoint him guardian offmancial responsibility over the minor James Aloysius Ruhland's estate and property, so that UNUM Providence Insurance Company will release the insurance proceeds to the petitioner so they may be deposited intot the James A Ruhland Irrevocable Trust. 10. There are no other individuals or entities that have any claim or right that will be adversely affected by the granting of this Petition. ,. WHEREFORE, Petitioner Joseph T. Maurer respectfully requests this Honorable Court to grant this Petition for Guardianship and issue the attached Order appointing him Guardian of the minor James Aloysius Ruhland's Estate and Property and grant any further relief this Court deems appropriate. Respectfully submitted, Joanne Harrison Clough, Es Attorney I.D. No.: 36461 24 N. 32nd Street Camp Hill, PA 17011 717-737-5890 Dated: ~ " ~ v Olt Attorneys for Petitioner ~ VERIFICATION I, Joseph Maurer, hereby verify and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn verification to authorities. DATE: 9- s:- Ot ~-r:q~ (fPSE T. MAURER , . I JOSEPH T. MAURER 803 Michigan Avenue Lemoyne, P A 17043 717-763-8951 Fax:717-730-9228 ~ 1-800 - ll'1 <)- 0 "to 2. ~.$3 n.a.. Jamie A. Merrill (Fax: 207-575-7407) Benefit Customer Service Representative Unum Life Insurance Company of America P.O.Box 9061 Portland, ME 04104-6096 Asst S~. //.-) D-;tv~tL fUl(.vL. V >c (,2 I/./ SlApr. : ~d '1 S.\7Uf.. July 27, 2006 x' 5(.2 37 Ref: Claim # 2703218; Unum Security Account # 811153525 Dear Jamie: Per our discussion today regarding my responsibility for James A. Ruhland, I've attached a September 9, 2004 Court Order which gave me, my wife Gail, and my now-deceased daughter Pamela Ruhland, "the right to make all major non-emergency decisions affecting the Child's general well-being...". As I have previously informed you, I subsequently adopted James Ruhland on October 17, 2005 so "that the welfare of the child proposed to be adopted will be promoted by such adoption" (refer to the attached Adoption Decree). Therefore, with the support of two Court Orders, I again request to have the proceeds of Pamela Ruhland's Life insurance be transferred from State Street bank in Boston directly to the Irrevocable Trust set up for James Ruhland with Ameriprise Financial Services. Please advise the best way this can be effected, and thank you for your cooperation in this matter. ~11/DJ. ,.,. . ~, , plf ,J It tI . I . . ~ /'\l~J." Ct>1.Art 1:y,VII ".,t lif ,1..:lo;.:".'J1ih1jl If. ':'j't., ()V~I' ~i,q;,.;,',d ({ J.q1t.r; 5;1)/! > l' Very truly yours, ~rV;~ ~ep: T. Maurer Maternal grandfather and adoptive father 1 p;1/dtJr '.$ ~{tp-t't +- r1,tV,i fy. -:1#111 " ~ - 1 J1'ro':;O T,.~~VOI t1 bI~ "'/ ~',".l,d 'tel j'l.J.:( tI .\ e. ~k\~~ ~~It7 SEP 0 9 2004~ DALE RUHLAND, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-3301 CIVIL TERM PAMELA D. RUHLAND and JOSEPH & GAIL MAURER Defendants : CIVIL ACTION - LAW . : IN CUSTODY ORDER OF COURT , 2004, upon Report, it is ordered and directed as AND NOW, this ~ day of consideration of the attached Custody Conciliati follows: 1. The Mother, Pamela D. Ruhland and maternal grandparents, Joseph Maurer and Gail Maurer, shall have shared legal custody of James Aloysius Ruhland, born November 25, 1997. They shall have an equal right, to be exercised jointly with the other, to make all major non-emergency decisions affecting the Child's general weIl- I being including, but not limited to, all decisions regarding his health, education and religion. 2. the child. Mother and maternal grandparents shall have primary physical custody of 1. Father shall have periods supervised visitation as follows with paternal grandparents or Father's .sister as the supervisor: A. Two weekends per month as agreed by the parties on Saturday and Sunday from 10:00 a.m. to 6:00 p.m. B. Thanksgiving Day from 9:00 a.m. to 3:00 p.m. C. Such other times as the parties agree. 4. The parties shall cooperate with a custody evaluation which shall include a psychiatric evaluation of Father by Sheinvold & Associates. Mother shall be responsible for the payment of the cost of the evaluation, but reserves the right for the Court to ultimately apportion the cost among the parties. 5. The parties shall share transportation such that the receiving party shall transport. Maternal grandparents shall transport for Mother. Either paternal grandparents or sister shall transport for Father. 6. . This Order is entered pursuant to an agreement ofthe parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation Conference is scheduled for December 14, 2004 at 10:30 a.m. BY THE COURT, cc: Galen R. Waltz, Esquire, Counsel for Father Joanne H. Clough, Esquire, Counsel for Mother and maternal grandparents IN RE ADOPTION OF JAMES ALOYSruSRUHLAND : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA ~ No. '13 ItD1J ~TI DN~ ~D"D~ : ORPHANS COURT DIVISION : ADOPTION ADOPTION DECREE AND NOW, to wit, this ~ day of oZkL;s .2005, upon consideration of the Petition of Joseph T. Maurer, for the adoption of James Aloysius Ruhland, minor, and after hearing held thereon by the Court on the ~daY of D jo~~ '\ ,2005, at which time said minor was present, together with Petitioner, the Court finds that the statements made in the Petition are true, and that the welfare of the child proposed to be adopted will be promoted by such adoption; and that all requirements of the Acts of Assembly have been fulfilled and complied with; and the Court therefore DECREES James Aloysius Ruhland shall be adopted by the Petitioner. It is further ORDERED and DECREED that the parental rights of the natural , ';",,,,..-~. mother Pamela D. Ruhland are retained. It is further ORDERED and DECREED that the said i Jaxhes Aloysius Ruhland shall,~ve all the le~al rights of a child and heir oithe said Petitioner, I I I and be subject to the duties of such child; and it is further DECREED that the said child shall 1_ i r--. (. c.'::> I -::;. !~f~r~~ to be.f~-wn by the name of James Aloysius Ruhland. .;=.,~' ,~:::; I (, -' ! . -!. r'~ '..' I . (-j / (p~ J. BY THE COURT (-~;: . ID ..Y1l05. . ~Lf1) CC. 10 /-\ITN V llf ~L~r5 ! \ 1'']...- . 'UNUMPROVIDENt~ ~ :II UNUMPRO~DINTCORPORAnON Group Ute Customer Care Center PO Box 9061 Portland, ME 04104-5046 FAX; 1-207-575-6096 July 25, 2006 ::ro S'7l1 .Jsmes T. Maurer 803 Michigan Avenue Lemoyne, P A 17043 Re: James A. Ruhland, a minor Unum Security Account No. 811153525 Dear Mr. Maurer: I am writing to let you know that we have received your letter dated July 18th in which you requested information on how to facilitate the transfer of funds from the above captioned account to the James Ruhland Irrevocable Trust. Please be advised that the claim paid according to the policy contract requirements and beneficiary designation. The last will and testament does not in any way impact Unum Provident's obligation to pay according to the policy contract requirements and beneficiary designation. However, we are willing to release the funds upon receipt of a court order appointing a guardian of James estate or property. If you have any questions, please feel free to contact me at the toll free number shown below. Sincerely, 7k"7lo~. Sr~ Tc. ~.. L~J'/t ud( A. f'- t;, 'f~~~d.i" h, Jamie A. Merrill Benefit Customer Service Representative Unum Life Insurance Company of America 1-800-445-0402, ext. 53162 ~"'.rl"...t 7/~7 /1;)( - :14"".., Kf#(~.,.' <;. (" , ,- "4 / :; Il1ttt3 CilIA, t 0, l" ...", .flflA/1CI4l rfJp'or-"/'/l/ f,ty . F:\WPWin\WILLS\Ruhland.codicil.wod December 15. 2003 FIRST CODICIL OF PAMELA D. RUHLAND I, PAMELA D. RUHLAND, of Lemoyne, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this my First Codicil to my Last Will and Testament dated July 29,2003. 1. Paragraph 4 of my Last Will and Testament is hereby revoked and the following is substituted in its place: All the rest, residue and remainder of the property that I own at the time of my death, both real and personal, and of every kind and description, wherever situated, to which I may be legally or equitably entitled to at the time of my death (my "residuary estate"), I give to the trustee named in an indenture of trust created on October 30,2003 and named the "THE JAMES RUHLAND IRREVOCABLE TRUST" with JOSEPH T. MAURER as settlor and trustee, to be held, administered and distributed according to the provisions contained therein. PROVIDED THAT, if my child, JAMES RUHLAND, shall predecease me leaving issue who survive me, then I leave my residuary estate to his issue, per stirpes; PROVIDED THAT if my child predeceases me and does not leave issue who survive me, I leave my residuary estate to the then living grandchildren of JOSEPH T. MAURER. 2. Paragraphs 5, 6, 7 and 12 shall be deleted in their entirety. 3. In all other respects, I hereby confirm and ratify my said Last Will and Testament dated July 29, 2003. Page 1 of 3 . F:\WPWin\WILLS\Ruhland.codicil.wpd December 15. 2003 IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my First Codicil to my Last Will and Testament, consisting of one page, thisJ8~ day of November, 2003. .~~.~ PAMELA D. RUHLAND, Testator Signed, sealed, published and declared by the above-named Testator, Pamela D. Ruhland, as and for the First Codicil to her Last Will and Testament, in the sight and presence of us, who, at her request, in her sight and presence and in the sight and presence of each other, have hereunto subscribed our names as witnesses. /. ~ ( :,>~>jll'__~/(. /7A ' Wlt~ejS t ( . / hg2- j;mr/r ~~ fl- ItO ss Address 511S Lh,dY'/ bl? Wt:z-v , P71!. C 1,,,'1 A ~ s b ",y. ".~.d;i4. / 7 " r lJ ;:? 7;,~1 IL ( ,,it K....t,v e-e I- I . Address . 8 ~;;J flJ I € 11/ j ~., 1/1" e..... C lUlLP tf,7 ( f14- rlc{ I z.'~~vnoc. f/f /7c Y 3- , ,. Page 2 of 3 . .' F:IWPWinIWILLSIRuhland.codicil.wpd December 15. 2003 COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) I, PAMELA D. RUHLAND, THE TESTATRIX, WHOSE NAME IS SIGNED TO THE FOREGOING INSTRUMENT, HAVING BEEN DULY QUALIFIED ACCORDING TO LAW, DO HEREBY ACKNOWLEDGE THAT I SIGNED AND EXECUTED THE INSTRUMENT AS THE FIRST CODICIL TO MY LAST WILL AND TEST AMENT; THAT I SIGNED IT WILLINGLY; AND THAT I SIGNED IT AS MY FREE AND VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED. SWORN OR AFFIRMED T~ ACKNOWLEDGED BEFORE ME BY PAMELA D. RUHLAND, THE TESTATRIX THIS . DAY OF NOVEMBER, 2003. ~ It ~1~ PAMELA D. RUHLAND, Testatrix dtJuu_i t./JkLL t<-. ~~ Notary Public ----- Notarial Seal Deborah L Brenneman, Notary Public Camp Hill BolO, Cumberland County My Commission Expires JLr1e 18, 2006 Member. Pennsylvania Association Of NoIaries COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) t /J 1 . \ J .~_. ! . ,/ 't mU(tl (, t-e 'e 't ~ WE, LeJtIJ~4.It'1 P1tJII AND-.Io "T 1'1C{lo4.rer , THE WITNESSEs'WHOSE NAMES ARE SIGNED TO THE FO~OING INSTRUMENT, ING DUL Y QUALIFIED ACCORDING TO LAW, DEPOSE AND SAY THAT WE WERE PRESENT AND SAW THE AFORESAID TEST A TRIX SIGN AND EXECUTE THE INSTRUMENT AS THE FIRST CODICIL TO HER LAST WILL AND TESTAMENT; THAT SHE SIGNED WILLINGLY AND THAT SHE EXECUTED IT AS HER FREE AND VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED; THAT EACH OF US IN THE HEARING AND SIGHT OF THE TEST A TRIX SIGNED THE CODICIL AS WITNESSES; AND THA TTO THE BEST OF OUR KNOWLEDGE THE TESTATRIX W AS AT THE TIME EIGHTEEN (18) OR MORE YEARS OF AGE, OF SOUND MIND AND UNDER NO CONSTRAINT OR UNDUE INFLUENCE. </."-- SWORN OR AFFIRMED TO AND SUBSCRIBED TO BEFORE ME, THISd8 DAY OF NOVEMBER, 2003. ~ j_..~ t J:f4 Itne '/;t l~ ~~ j;rt :Lm~~ f'i ~' J~ (LbluU( .I<.-u..~ otary PUhlIC Notarial Seal Deborah L Brememan, Notary PubI'lC Camp HiH Boro. Cumberland County My Cormlission Expires JLr1e 18, .2006 Member. Pennsyfvania Asscciation Of Nolaries ----- Page 3 of 3 . ' '.' \\Ntserver\SConfair\WPWin\Estate Planning\MaurerJ.trust.doc JAMES RUHLAND IRREVOCABLE TRUST AGREEMENT THIS TRUST AGREEMENT, is made this .3{)bJ day of Oc. toht.-r, 2003, by JOSEPH T. MAURER of 803 Michigan Avenue, Lemoyne, Pennsylvania 17043 (hereinafter the "Settlor" and "Trustee"). ARTICLE I. TRUST PROPERTY 1.01 The Settlor transfers and delivers to the Trustee named above and his successor the cash and property enumerate on the attached Schedule A, receipt of which is acknowledged by the Trustee, and which, together with any other cash, securities, and property, real or personal, that may hereafter be transferred by the Settlor or by any other persons to the Trustee (the "Trust Estate"), shall be held, administered and distributed by the Trustee subject to the terms, conditions, powers, and agreements set forth in this Agreement. Any additional property must be acceptable to the Trustee, and after receipt of the additional property it shall be held, administered, and distributed as part of the trust estate. The name of the trust herein created shall be: The James Ruhland Irrevocable Trust ARTICLE II. IRREVOCABILITY OF TRUST 2.01. This Trust shall be irrevocable and may not be altered, amended, revoked, or terminated in whole or in part by the Settlor or any other person. The Settlor may not revoke or amend this agreement in any way. The Trustee, however, may at any time and from time to time, amend any administrative provisions of this trust by any instrument in writing signed and acknowledged by the Trustee. For purposes of the foregoing, the term "administrative provision" refers to any provision of the trust dealing with the management and administration of the trust, and in no event shall any such amendment effect, enlarge, or shift any beneficial interests created hereunder. ARTICLE III. DISTRIBUTION BY TRUSTEE 3.01. Income Distribution. Until the Settlor's grandchild, JAMES RUHLAND, referred to as the "Beneficiary" hereinafter, shall reach the age of twenty-one (21) years, the Trustee shall pay to or apply for the benefit of the Beneficiary so much of the annual net income of the Trust Estate as the Trustee, in his discretion, deems reasonably necessary for the proper care, support, maintenance, or education of the Beneficiary. The balance of the annual net , . t I, to income of the Trust Estate, if any, shall be accumulated by the Trustee and added to the principal of the Trust Estate. 3.02. Invasion of Principal. The Trustee is authorized to payor apply principal of the trust, at any time, to or for the benefit of the Beneficiary, even to the point of exhausting trust principal, in such amounts as the Trustee, in his absolute discretion, deems necessary or advisable to provide for the health, support, maintenance and education of the Beneficiary. For example, but not by way of limitation, the Trustee's power of authority to make discretionary payments may include expenditures customarily related to assist in elementary or secondary education, post-secondary technical or vocational training; college; postgraduate, and professional study; purchasing a primary residence, to assist in purchasing a business, or to assist in entering a trade or profession. In exercising discretion, the Trustee shall take into account any funds that may be available to the Beneficiary to meet those needs from any source other than this Trust. 3.03. Termination of Trust. Upon the Beneficiary reaching twenty-one (21) years of age, this trust shall terminate and the Trustee shall transfer the remaining Trust Estate, including any accumulated or undistributed net income of the Trust Estate, to the Beneficiary free of trust. 3.04 Premature Death of Beneficiary. If the Beneficiary dies before reaching twenty- one (21) years of age, this Trust terminates on the death of the Beneficiary. The Trustee shall transfer the remaining Trust Estate, including any accumulated or undistributed net income of the Trust Estate, in equal shares, to the then living grandchildren of Joseph T. Maurer 3.05. Payments Not for Minor's Support. No payments made by the Trustee pursuant to the terms of this Agreement to or for the benefit of the Beneficiary during his minority shall discharge, in whole or in part, any person's legal obligation to provide for the support, maintenance, and education of the Beneficiary. ARTICLE IV. POWERS OF TRUSTEE 4.01. Description of Powers. In order to carry out the purposes of this Trust Agreement, the Trustee, in addition to all other powers granted by law, shall have the following powers and discretion: 4.01.01. Retain Assets. To continue to hold any and all property received by the Trustee or subsequently added to the trust estate or acquired pursuant to property authority if and as long as the Trustee, in exercising reasonable prudence, discretion, and intelligence, considers that the retention is in the best interest of the Trust. 4.01.02. Investments. To invest and reinvest in every kind of property, real, personal, or mixed, and every kind of investment, specifically including, but not by way of limitation, corporate obligations of every kind, and stocks, preferred or common, that persons of .' ',' \INtserverlSConfairlWPWinlEstate Planning\MaurerJ.trust.doc prudence, discretion, and intelligence acquire for their own accounts without regard to any principle of diversification and without being confined to legal investments. 4.01.03. Management of Securities. To exercise, respecting securities held in the trust estate, all the rights, powers and privileges of an owner, including, but not limited to, the power to vote, give proxies, and to pay assessments and other sums deemed by the Trustee necessary for the protection of the trust estate; to participate in voting trusts, pooling arrangements, foreclosures, reorganizations, consolidations, mergers, and liquidations, and in connection with these to deposit securities with and transfer title to any protective or other committee under such terms as the Trustee may deem advisable; to exercise or sell stock subscription or conversion rights; to accept and retain as an investment any securities or other property received through the exercise of any of the foregoing powers, regardless of any limitations elsewhere in this instrument relative to investments by the Trustee. 4.01.04. Form of Ownership of Trust Property. To hold securities or other trust property in the name of the Trustee as Trustee under this Trust Agreement, in the Trustee's own name, in the name of a nominee, or in such conditions where ownership will pass by delivery. 4.01.05. Business Interest. To continue and operate, to sell or to liquidate, as the Trustee deems advisable at the risk of the trust estate, any business or partnership interest received by the trust estate, and to organize a partnership or corporation for this purpose. 4.01.06. Sell and Exchange. To sell for cash or on deferred payments and on such terms and conditions as are deemed appropriate by the Trustee, whether at public or private sale, to exchange, and to convey any property of the trust estate. 4.01.07. Abandonment of Trust Assets. To abandon any trust asset or interest in any trust asset in the discretion of the Trustee. 4.01.08. Option.. To grant an option involving disposition of a trust asset and to take an option for the acquisition of any asset by the trust estate. 4.01.09. Lease. To lease any real or personal property of the trust estate for any purpose for terms within or extending beyond the duration of the trust. 4.01.10. Property Management. To manage, control, improve, and repair real and personal property belonging to the trust estate. 4.01.11. Development of Property. To partition, divide, subdivide, assign, develop, and improve any trust property; to make or obtain the vacation of plats and adjust boundaries or to adjust differences in valuation on exchange or partition by giving or receiving consideration; and to dedicate land or easements to public use with or without consideration. ., ..' \\NtserverISConfair\WPWin\Estate Planning\MaurerJ.trust.doc 4.01.12. Repair, Alter, Demolish, and Erect. To make ordinary and extraordinary repairs and alterations in buildings or other trust property, to demolish any improvements, to raze party walls or buildings, and to erect new party walls or buildings as the Trustee deems advisable. 4.01.13. Borrowing and Encumbering. To borrow money for any trust purpose from any person, firm, or corporation, including one acting as Trustee under this Agreement, on the terms and conditions deemed appropriate by the Trustee and to obligate the trust estate for repayment; to encumber the trust estate or any of its property by mortgage, pledge, or otherwise, using whatever procedures to consummate the transaction deemed advisable by the Trustee; to replace, renew, and extend any encumbrance and to pay loans or other obligations of the trust estate deemed advisable by the Trustee. 4.01.14. Natural Resources. To enter into oil, gas, liquid or gaseous hydrocarbon, sulfur, metal, and any and all other natural resource leases on terms deemed advisable by the Trustee, and to enter into any pooling, unitization, repressurization, community, and other types of agreements relating to the exploration, development, operation, and conservation of properties containing minerals or other natural resources; to drill, mine and otherwise operate for the development of oil, gas, and other minerals; to contract for the installation and operation of absorption and repressurizing plants and to install and maintain pipelines. 4.01.15. Insurance. To procure and carry, at the expense of the trust estate, insurance of the kinds, forms, and amounts deemed advisable by the Trustee to protect the trust estate and the Trustee against any hazard. 4.01.16. Enforcement of Hypothecations. To enforce any mortgage or pledge held by the trust estate and to purchase at any sale thereunder any property subject to any hypothecation. . 4.01.17. Extending Time of Payment of Obligations. To extend the time of payment of any note or other obligation held in the trust estate, including accrued or future interests, in the discretion of the Trustee. 4.01.18. Adjustment of Claim. To compromise, submit to arbitration, release with or without consideration, or otherwise adjust claims in favor of or against the trust estate. 4.01.19. Litigation. To commence or defend at the expense of the trust estate any litigation affecting the Trust or any property of the Trust Estate deemed advisable by the Trustee. 4.01.20. Administration Expenses. To pay all taxes, assessments, compensation of the Trustee, and all other expenses incurred in the collection, care, administration, and protection of the Trust Estate. .. "'.' IINtserverlSConfairlWPWinlEstate Planning\MaurerJ.trust.doc 4.01.21. Employment of Attorneys, Advisors, and Other Agents. To employ an attorney, investment advisor, accountant, broker, tax specialist, or any other agent deemed necessary in the discretion of the Trustee; and to pay from the Trust Estate reasonable compensation for all services performed by any of them. 4.01.22. Distribution. On any partial or final distribution of the trust estate, to apportion and allocate the assets of the Trust Estate in cash or in kind, or partly in cash and partly in kind, or in undivided interests in the manner deemed advisable at the discretion of the Trustee, and to sell any property deemed necessary by the Trustee to make the distribution. 4.01.23. General. To do all the acts, to take all the proceedings, and to exercise all the rights, powers, and privileges that an absolute owner of the property would have, subject always to the discharge of his or her fiduciary obligations; the enumeration of certain powers in this Trust Agreement shall not limit the general or implied powers of the Trustee; the Trustee shall have all additional powers that may now or at a later time be conferred on it by law or that may be necessary to enable the Trustee to administer the trust in accordance with the provisions of this Trust Agreement, subject to any limitations specified in this Trust Agreement. 4.02. Limitation on Powers of Trustee. All powers given to the Trustee by this Trust Agreement are exercisable by the Trustee only in a fiduciary capacity. Notwithstanding any provision of this Agreement to the contrary, no powers enumerated or accorded to the trustee under this Agreement pursuant to law shall be construed to enable the Settlor, the Trustee, or any other person to sell, purchase, exchange, or otherwise deal with or dispose of all or any part of the principal or income of the Trust for less than adequate consideration in money or money's worth. Further, nothing shall be construed to allow the Settlor or any other person to borrow income or principal without adequate interest or security. No person other than the Trustee acting in a fiduciary capacity shall have or exercise the power to vote or direct the vote of any corporate shares or other securities of this Trust, to control the investment of this Trust by directing investments or reinvestments, or to reacquire or exchange any property of this Trust by submitting other property of equivalent value. ARTICLE V. DUTIES AND COMPENSATION OF TRUSTEE 5.01. Allocation of Income and Principal. Except as otherwise specifically provided below, the Trustee, in his sole discretion, may determine what is income and what is principal, and how all expenses, costs, taxes, charges, and disbursements shall be credited, charged, or apportioned as between principal and income. The Trustee's judgment is to be made in accordance with the applicable laws of the Commonwealth of Pennsylvania, and if so made, will be binding on everyone beneficially interest in this Trust. The Trustee may rely on the statement of a paying corporation as to whether its dividends are paid from profits or earnings or are a return of capital or a distribution of assets, and as to any other fact relevant under this Trust concerning the source or character of dividends or distributions of corporate assets. . . . .... IINlserverISContilir\WPWin\Estale Planning\MaUrerJ.lruSt.doc . . 6.02. Spendthrift Provision. No beneficiary of this Trust shall have any right, power, or authority to alienate, encumber, or hypothecate his or her interest in the principal or income of this Trust in any manner, nor shall such interest of any beneficiary be subject to claims of his or her creditors or liable to attachment execution, or other process oflaw. 6.03. Payments to Minors. Whenever payment is to be made to or for the benefit of a minor, the Trustee may make the payment directly to the entity benefiting from the payment, to the minor as an allowance, to the guardian of the minor, or to any other person having the care and control ofthe minor. 6.04. Payments to Incompetents. Whenever payment is to be made to an incompetent, the trustee may make the payment directly to his guardian of the person or the estate. The term "incompetent" refers to all cases in which a guardian of the person or estate of any person having rights under this Agreement has been appointed by a court of competent jurisdiction. 6.05. Appointment of Successor Trustee. The Trustee shall have the right to resign at any time. In the event of his resignation, death, or inability to serve as Trustee, then LEIGHANN MOLL shall serve a successor Trustee in his place. 6.06. Rights and Powers of Successor Trustee. Any successor Trustee appointed under Section 6.05 above, because of the death, resignation, or other act of the Trustee, shall immediately succeed to all title of the Trustee to the trust estate and to all powers, rights, discretions, obligations, and immunities of the Trustee under this Agreement as if the successor Trustee had been originally appointed Trustee. 6.07. Bond. No bond or other security shall be required of any Trustee in any jurisdiction. ARTICLE VII. CONSTRUCTION OF TRUST 7.01. Applicable Law. The Trust created by this Agreement has been accepted by the Trustee in the Commonwealth of Pennsylvania, will be administered by the Trustee in Pennsylvania, and its validity, construction, and all rights under it shall be governed by the laws of the Commonwealth of Pennsylvania. 7.02. Severability. If any provision of this Agreement is or becomes invalid or unenforceable, the remaining provisions of this Agreement shall continue to be fully effective. ARTICLE VIII. NOTICES 8.01. Any notices or other communication required or permitted by this Agreement to be delivered to or served on the Trustee shall be deemed properly delivered to, served on, and . . . '\' \\Ntserver\SConfair\WPWin\Estate Planning\MaurerJ.trust.doc . c received by the Trustee when personally delivered to the Trustee. However, in lieu of personal service, notice shall be deemed to be delivered when deposited in the United States mail, certified mail with postage prepaid, addressed to the Trustee at 803 Michigan A venue, Lemoyne, Pennsylvania 17043. IN WITNESS WHEREOF, with the intentions to be legally bound hereby, the Settlor and Trustee have executed this Trust Agreement on the date and year first above written. WITNESS: SETTLOR: ~ r777~_ {9SE T. MAURER .'1 2idLi ~~~- J/(- . i (~'f--I{ /)(4 TRUSTEE: ()".~ 'T'c ??J'A~ (PSE H T. MAURER COMMONWEALTH OF PENNSYL VANIA COUNTY OF ~l~ ) : SS. ) On this, the 3c {t. day of CY~~ , 2003, before me, a Notary Public, the undersigned officer, personally appeared JOSEPH T. MAURER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purpose therein contained as Settlor and Trustee. IN WITNESS WHEREOF, I hereunto set my hand and official seal. lJ;;wd'l~___ {Notary Public .......... My Commission Expires: Notarial Seal Detlorw1 L. Brenneman, Ncwy Public QrnpHlBoro, ~Cowlty MyCcl,..~ ~Jl.n818, 2006 MIrnbei. ~ AaocialIri1 aNotarieJs .. · .. , ... 1 IINtserverISConfair\WPWin\Estate Planning\MaurerJ.rrust.doc i SCHEDULE A LIST OF TRUST ASSETS 1. 2. 3. 4. 5.