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HomeMy WebLinkAbout09-29-06 ijEV-1500 EX (&-00) III ... . '( OFI'CW. USE ON. Y ~L 0209 ___ YEAR NJMBER ~USEONl.g C 0 CI"'\ ~'--- ::0 (;') c;:J LJ ,.." ~B <c_~ P -0 .--...l.' rn N ' 7'-:::d u5 :,;;, \.0 C)O C) 0 -I, ()C , :J.J ::-0-1 > 2,994,822.88 41,186.68 2,953,636.20 0.00 2,953,636.20 50,257.22 0.00 0.00 50,257.22 COMMONWEALTH OF PENNSYLVANIA IEPARTMENT OF REVENUE DEPT. 280601 HARRISBURG. PA 17128-0601 REV.1500 INHERITANCE TAX RETURN RESIDENT DECEDENT ~L COlMY CODE 0ECECENrS NAt.E (LAST, FIRST, AND M1DOlE INITIAl) SOCIAL SECURITY NUMBER Groene, Jr. Blaer A 159-24-8784 DAle OF DEA 1H (MtM)D-YEAR) DAle OF BIRTH (MM-DO-YEAR) ntIS RETURN MUST BE FILED IN DUPUCATE WITH THE 1/1/2006 5/20/1929 REGISTER OF WILLS (IF APPUCASLE) SURVMNG SPOUSE'S NAME (LAST, FIRST, AND MIDDLE INIllAL) SOCIAL SECURITY NUMBER SidDe L. Groene t [i] 1. Original Retum D 2. Supplemental Retum D 3. Remainder Retum (dele of deeth prior 1012-13-82) ~ ~ [i] 4. Limited Estate (j] 4a. Futul1llntel1lst Compromise (dele of deeth after 12-12-&) (j] 5. Federal Estate Tax Retum Required III QO r=1 r.;"1 GIfB UU 6. Decedent Died Testate (Attach copyofWiR) L6..J 7. Decedent Maintained a Living Trust (Attach copy of TIUIt) L 8. Total Number of Safe Deposit Boxes ~ D 9. Litigation Proceeds Received D 10. Spousal PoY8ltyCredlt (dale of ....Ih_..n 12-31-8111111 l.t.lIll) D 11. Election to tax under See. 9113(A)(A1_SchO) iTHlsatt:l'iON MU$T8EaOl4PLE1EO..ALLCOft.~SflONDENCEAkttC~FtOeNfW.1:~;.' ~1'I6N_LOi.ijN~ijt()! NAME COf.Pl.E1E MAJUNG ADDRESS Linda J. Lundber P .0. Boz 308 FIRM NAME (If ApplICable) PRe Wealth Kana eaent lELEPHOI'E NUMBER ... z w Q w ~ ... z w c z o CL U) W ~ o u 717-730-2265 CaB Bill, PA 17011 0.00 131,848.25 0.00 0.00 107,106.98 0.00 -0 :J: W N \.0 J.j ;::g~ C)C"J ~~~~ r'rl f:"f'l ~j""') CJ C)Q - n --T1 ::;=:~ ~=n'l (-j') C) -'1 1. Re8l Estate (Schedule A) (1 ) (2) (12) > > BESUFlE TO~SWERALL QyESTlONs ONR~EflsE SlOE AND. RECHECK ~tH < < 0.00 20. 0 CHECK HERE If YO,) ARE REQUESTING A REFUND Of AN OVE RPAYMENT 2. Stocks and Bonds (Schedule B) 3. Closely Held Corporation, Partnership or SoIe-Proprietorshlp (3) 4. Mortgages & Notes Recelvable (Schedule D) (4) 5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) (5) z o t= :s ::t t: Q. C1 w D:: 6. J~ Owned Property (Schedule F) U Separate Bllng Requested 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (7) (Schedule G or L) (6) 3W4645 1.000 2,755,867.65 8. To'" Gross Aue.. (total Lines 1-7) (8) 36,624.80 4,561.88 9. Funeral Expenses & AdminlstratNe Costa (Schedule H) (9) 1 O. Debts of Decedent, Mortgage Liabilities. & Liens (Schedule I) (10) 11. Towl Deductions (tota. Lines 9 & 10) (11 ) 12. Net Value of Estate (Line 8 minus Line 11) 13. Charitable and Governmental Bequests/See 9113 Trusts for which an election to tax has not been made (Schedule J) (13) 14. Net Va'ue Subject to Tax (Line 12 minus Line 13) SEE INSTRUCTIONS ON REVERSE S'DE FOR APPUCABLE RATES (14) 15. Amount of Line 14 taxable at the spousal tax 1,836,809.04 x .0 L.. (15) Z rate, or transfers under See. 9116 (a)(1.2) 0 j::: 16. Amount of Line 14 taxable at Rneal rate 1,116,827.16 x .0 45 (16) <C .... ::) 0.00 CL 17. Amount of Line 14 taxable at s1bUng rate x.12 (17) 2! 0 0.00 (18) (.) 18. Amount of Line 14 taxable at collateral rate x.15 )( <C 19. Tax Due (19) .... Decedent's Com lete Address: " S11ET ADDRESS 438 L Poat Lane eu.ber1ancS Count , CllY C.. Bill .. STATE PA 1Yi' 17011- Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) 2. Credits/Payments A. Spousal Poverty Credit B. Prior Payments C. Discount (1) 50,257.22 0.00 47,500.00 2,500.00 3. Interest/Penalty if applicable D. Interest E. Penalty Total Credits (A + B + C) (2) 50,000.00 0.00 0.00 Total I nte resUPenalty (D + E) (3) 0.00 4. If Line 2 is greater than Line 1 + Line 3. enter the difference. This is the OVERPAYMENT. Check box on Page 1 Line 20 to request a refund (4) 0.00 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) 257.22 A. Enter the interest on the tax due. (5A) 0.00 B. Enter the total of Line 5 + 5A This is the BALANCE DUE. (5B) 257.22 Make Check Pa able to: REGlSTEROFWI.LS, AGENT PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Old decedent make a transfer and: Yes No a. retain the use or income of the property transferred;. . . . . . . . . . . . . . . [i] D b. retain the right to designate who shall use the property transferred or its income; . [iJ D c. retain a reversionary interest; or . . . . . . . . . . . . . . . . . . . . . . . . . . D [j d. receive the promise for life of either payments, benefits or care? . . . . . . . . . . . D Ci 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? . . . . . . . . . . . . . . . . . . . . . . . . . . .. D [j 3. Did decedent own an "In trust for" or payable upon death bank account or security at his or her death? 0 []I 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. D [j IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES. YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. Under penelll.. of perjul)'. I declare that I h8\18 e.nlned this relum, Indudlng 1CCOIIIP8Ily!ng schedulelll1d statements, II1d to the bll8l of my knowledge and belief, n Is true, correct II1d complete. Decl.....lon of preparer oth... than the ~a1 representallw Is based on a111nfonnallon of which Preplnr has any knowledge. U RE1\JRN an , ~ ~ \.tt- ~ ~.t:6 ~ :..u BY: DA <\ ~'tt~~ DA AOORESS - ""'fl) For dates of death on or after July 1, 1994 and before Janual)' " 1995, the tax rate Imposed on the net value of transfers to or for the use of the SUrvMng spouse is 3% (72 P.S. 6 9916 (a) (1 .1) (I)]. For dates of death on or after January " 1995, the tax rate Imposed on the net value of transfers to odor the use of the sul'oliving spouse Is 0% (72 P.S. ~ 9116 (a) (1.1) (ii)) The statute does not exemDt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are stHI applicable eYen if the surviving spouse Is the only benetlciary. For dates of death on or after July 1, 2000: The tax rate Imposed on the net value of transfers from a deceased child twenty-one ~rs of age or younger at death to or for the use of a natural parent, an adOptillB parent, or a stepparent of the child Is 0% [72 P.S. ~ 9116(a)(1.2)]. The tax rate Imposed on the net value of transfers to or for the use of the decedenfsllneal beneficiaries Is 4.5%, except as noted in 72 P.S. 6 9116(1.2) [72 P.S. ~9116(a)(1)]. The tax rate Imposed on the net value of transfers to or for the use of the decedenfs siblings Is 12% (72 P.S. 6 9116(a)(1.3)]. A sibling is defined, under Section 9102, asan Individual who has at least one parent in common with the decedent, whether by blood or adoption. 3W4646 1.000 REV.1l503 EX + (8-88) . SCHEDULE B STOCKS & BONDS to COMMONVVEAL. TH OF PENNSYlVANIA MERlTANCE TAX RETURN RESIJENT DECEDENT ESTATE OF FILE NUMBER B1.er A Groene. Jr. 21 06 0209 All property JOlntly-owned with right of survivorship must be dlscloaed on Schedule F. ITEM NUMBER DESCRIPTION 1.The assets listed below were owned by the decedent and his wife, Sidney L. Groene, a. tenants by the entirety. Under date of 3/24/06, Sidney L. Groene disclaimed her intere.t in these a..et.. VAlUE AT DATE OF OEA n-t (Copy of Di.claimer attached) 3,306.702 Share. Delaware Group Bquity Pds I Del Balncd Cl A Hutual PuDd., Honey Harket Pds CUSIP: 246093108 54,362.18 2 2,651.782 Share. Hf. Pixed Income Tr HUD Ltd Hat A Hutua1 PuDd., Honey Harket Pd. CUSIP: 55272P505 20,471.76 3 3,263.752 Share. Hf. HUD Ser Tr Pa HUD Bd Pd A Hutua1 PuDd., Honey Market Pd. CUSIP: 55273H798 33,322.91 4 2,239.263 Share. Hfs Ser Tr Iv HUD Bd Pd Cl A Hutua1 PUDd., Honey Harket Pds CUSIP: 552987505 23,691.40 3W4696 1.000 TOTAL (Also enter on line 2, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) 131,848.25 IEV-1508 EX + (8-98) COMMONWEALTH OF PENNSYLVANIA NERfTANCE TAX RElURN RESlDENTOECEDENT SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY ESTATE OF B1mer A Groene, Jr. ITEM tlUMBER Include the proceeds of litigation and the date the proceeds \Y8Ilt receMld by the estate. AI ntIy~ned with the right of lurvlvorahlp must be dllclosed on Schedule F. FILE NUMBER 21 06 0209 DESCRIPTION VAlUE AT DATE OF DEATH 1 Bew Bngland Pinancial/Met Life Policy 102996062 Insured - Sidney Groene Bet value as of 1/1/06 (See 712 attached) 4,190.73 The asset listed below was owned by the decedent and his wife, Sidney L. Groene, as tenants by the entirety. Under date of 3/24/06, Sidney L. Groene disclatmed her interest in these assets. (Copy of disclaimer attached) 2 PRC Bank, H .A. Saving Certificate 131100255720 Interest accrued to 1/1/2006 Balance as of 1/1/06 (See letter attached) 102,699.95 216.30 3W46AD 1.000 TOTAL (Also enter on line 5 Recaoitulation) $ (If more space is needed. insert additional sheets of the same size) 107,106.98 .~EV.1510 EX + (~98) . COMMCINWEAL 11-1 OF PENNSYlVANIA NiERlTANCE TAX RETURN · RESlDENTOECEDENT ESTATE OF Blaer A Gro.ne, Jr. SCHEDULE G INTER-VIVOS TRANSFERS & MISC. NON-PROBATE PROPERTY FILE NUMBER 21 06 0209 ITEM NUMBEFi 1. DESCRlPTlON OF PROPERTY IICUIlElIE1WEOFlIE1IWIBFEREE, TIEIR RELATlOHSHPTO DECeDENT Me lIE 1>>.1E OF llWflFER. ATTACHAtXJPf OF lIE DEED FOR REAL ESTAlE. This schedule must be completed and filed if the answer to any of questions 1 through 4 on the reverse side of the REV-1500 COVER SHEET is yes. DAlE OF DEATH VALUE OF ASSET %OFDECD'S MEREST B1..r A. Groene, Jr. created a R.vocable Trust UDder Agr....nt dated September 16, 2004 with hias.lf and PRC Bank, R.I.. as trust..s. The ass.t. of this tru.t have been valued as of date of death (1/1/06) and are listed as items #1-112 below: 200 Share. Bershey roods Corp COIIIROn Rew York Stock Bxchange CUSIP: 427866108 11,005.50 100.0000 2 106 Share. Weight Watcher. Intl Inc Rew Common Rew York Stock Bxchange CUSIP: 948626106 5,245.41 100.0000 3 220 Shares AT&T Inc CUSIP: 002606r10 5,386.70 100.0000 4 110 Share. Abbott Lab. Common Rew York Stock Bxchange CUSIP: 002824100 4,351.33 100.0000 5 220 Shares Alb.rtsons Inc CUSIP: 013104104 4,749.25 100.0000 6 175 Shares Alcoa Inc C~on R.w York Stock Bxchange CUSIP: 013817101 5,191.81 100.0000 Total from continuation sched~les . . . . . . . . . TOTAL (Also enter on line 7, Recapitulation) $ 3W46AF 1.000 (If more space is needed, insert additional sheets of the same size) EXCLUSION IF APPLICAIlLE\ 0.00 0.00 0.00 0.00 0.00 0.00 TAXABLE VALUE 11,005.50 5,245.41 5,386.70 4,351.33 4,749.25 5,191.81 2,719,937.65 2.755.867.65 . . B.tate of: B1aer A Groene, Jr. 159-24-8784 . Schedule G (Page 2) It... 10. Description DOD Value of Asset 'Intere.t Exclusion Taxable Value 7 95 Share. Allergan Inc COIalon R.. York Stock Exchange CUSIP: 018490102 10,355.00 100.0000 0.00 10,355.00 8 500 Shares Alltel Corp COIalOn Hew York Stock Exchange CUSIP: 020039103 31,582.50 100.0000 0.00 31,582.50 Dividend accrued on 1/1/2006 192.50 100.0000 192.50 9 300 Share. American Intl Group Inc Common Rew York Stock Bxchange CUSIP: 026874107 20,566.50 100.0000 0.00 20,566.50 10 300 Shares AIIlgen Inc CUSIP: 031162100 23,777.25 100.0000 0.00 23,777.25 11 490 Shares Anheuser Busch C08 Inc COIIIIlon Rew York Stock Exchange CUSIP: 035229103 21,153.30 100.0000 0.00 21,153.30 12 122 Share. Apollo Group Inc Cl A RUDAQ Stocks CUSIP: 037604105 7,363.92 100.0000 0.00 7,363.92 13 581.745 Share. Artisan Pds Inc S. Cap Val Mutual Pund., Money Market Pds CUSIP: 04314B501 10,035.10 100.0000 0.00 10,035.10 14 300 Share. As.ociated Banc Corp Common RUDAQ Stocks CUSIP: 045487105 9,749.25 100.0000 0.00 9,749.25 Total (Carry forward to aain schedule) 134,775.32 . Bstate of: Blaer A Groene, Jr. Schedule G (Page 3) It.. 10. De.cription 15 600 Share. Auto.atic Data prooe..ing C~n .e. York Stock Bxchange COSIP: 053015103 16 70 Shares Avery Denni.on Corp Comaon Hew York Stock Bxchange CUSIP: 053611109 17 110 Share. Avon Prod. Inc COJIIIIlon Hew York Stock Bxchange CUSIP: 05~303102 18 700 Share. Ball Corp Co.mon Be. York Stock Exchange COSIP: 058~98106 19 600 Share. Bank ADler Corp Co.mon Be. York Stock Exchange CUSIP: 06050510~ 20 ~12.969 Share. Baron Asset I'd Saall Cap P'd Mutual Punds, Money llarket I'ds CUSIP: 068278308 21 135 Share. Baxter Intl Inc COJIlJIlOn Hew York Stock Exchange CUSIPI 071813109 Dividend accrued on 1/1/2006 22 205 Shares Bellsouth Corp COJIlJIlOn Be. York Stock Bxchange CUSIPI 079860102 Total (Carry forward to main schedule) DOD Value of Asset 'Interest 27,683.99 100.0000 3,897.25 100.0000 3,139.68 100.0000 27,902.00 100.0000 27,681.00 100.0000 9,568.~9 100.0000 5,119.88 100.0000 79.57 100.0000 5,565.75 100.0000 . Bxclu.ion 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 159-24-8784 Taxable Value 27,683.99 3,897.25 3,139.68 27,902.00 27,681.00 9,568.49 5,119.88 79.57 5,565.75 110,637.61 . .state ofa B1mer A Groene, Jr. Schedule G (Page 4) It.. 10. Description 23 6 Shares Berkshire Bathaway Inc Del Cl B Bew York Stock Exchange CUSIPa 084670207 24 1,370.332 Shares Blackrock Fds International CP Eq Ins CUSIPa 091929109 25 205 Shares Bristol Myers Squibb Co Common Bew York Stock Exchange CUSIP: 110122108 26 120 Shares Cit Group Inc Common Bew York Stock Exchange CUSIP: 125581108 27 800 Shares Cvs Corp COJIIaOn Bew York Stock Exchange CUSIP: 126650100 28 546.431 Shares Calamos Invt Tr Bew Growth Pd Mutual Funds, Money Market Pds CUSIPa 128119302 29 98 Shares Chevrontexaco Corp Common Bew York Stock Exchange CUSIPa 166764100 30 24 Shares Chicago Mercantile Exchange Cl A Bew York Stock Exchange CUSIPa 167760107 Total (Carry forward to main schedule) DOD Value of Asset 'Interest 17,640.00 100.0000 50,496.73 100.0000 4,726.27 100.0000 6,232.50 100.0000 21,206.00 100.0000 30,086.49 100.0000 5,616.38 100.0000 8,771.21 100.0000 . Exclusion 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 159-24-8784 Taxable Value 17,640.00 50,496.73 4,726.27 6,232.50 21,206.00 30,086.49 5,616.38 8,771.21 144,775.58 Bstate of. B1aer A Groene, Jr. It.. 10. De.cription 31 510 Share. Citigroup Inc C~n Rew York Stock Bxchange CUSIP. 172967101 32 560 Share. Coca Cola Co COIIIaOn Rew York Stock Bxchange CUSIP. 191216100 33 1,000 Share. Coaca.t Corp Rew C1 A RASDAQ Stocks CUSIP, 20030R101 34 400 Share. Danaher Corp She Ben Int Rev York Stock Bxchange CUSIP: 235851102 Dividend accrued on 1/1/2006 35 200 Share. Dell Inc COIRIIlon RASDAQ CUSIP, 24702R101 36 100 Share. Du Pont B I De R..our. & Co Co.mon Rew York Stock Bxchange CUSIPI 263534109 37 223 Share. Bbay Inc COIRIIlon HUDAQ Stocks CUSIP, 278642103 38 75 Share. Balerson Blec Co COIRIIlon Hew York Stock Bxchange CUSIP, 291011104 . Schedule G (Page 5) Total (Carry forward to main schedule) DOD Value of As.et 'Interest 24,788.55 100.0000 22,741.60 100.0000 25,907.50 100.0000 22,424.00 100.0000 8.00 100.0000 5,999.00 100.0000 4,275.00 100.0000 9,731.16 100.0000 5,600.81 100.0000 . Bxclusion 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 159-24-8784 Taxable Value 24,788.55 22,741.60 25,907.50 22,424.00 8.00 5,999.00 4,275.00 9,731.16 5,600.81 121,475.62 Bstate ofl B1mer A Groene, Jr. Item 10. Description 39 300 Share. Bxelon Corp Common Hew York Stock Bxchange CUSIPI 30161H101 "0 12" Share. Bxpeditors IntI Wash Inc COIIIIROn HASDAQ Stocks CUSIPI 302130109 "1 "70 Share. Bxxon Mobil Corp Common Hew York Stock Bxchange CUSIPI 30231G102 "2 600 Shares pp1 Group Inc Common Hew York Stock Exchange CUSIP: 302571104 43 602 Shares Pirst Data Corp Common Hew York Stock Exchange CUSIPI 319963104 "4 410 Share. Pord Mtr Co Del Coa Par $0.01 Hew York Stock Bxchange CUSIP: 345370860 45 200 Shares Portune Brands Inc Common Hew York Stock Bxchange CUSIPI 3"9631101 46 134 Shares Genentech Inc Coa Hew Hew York Stock Bxchange CUSIPr 368710406 . Schedule G (Page 6) Total (Carry forward to main schedule) DOD Value of Asset 'Interest 16,034.25 100.0000 8,379.30 100.0000 26,714.80 100.0000 24,980.52 100.0000 25,744.53 100.0000 3,179.55 100.0000 15,562.50 100.0000 12,378.25 100.0000 . Bxclusion 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 159-2"-8784 Taxable Value 16,034.25 8,379.30 26,714.80 24,980.52 25,744.53 3,179.55 15,562.50 12,378.25 132,973.70 . Bstate ofl Blaer A Groene, Jr. Schedule G (Page 7) Item Ro. Description "7 2,400 Shares General B1ec Co CcmIIIlOn Bew York Stock Exchange CUSIPI 369604103 Dividend accrued on 1/1/2006 48 95 Shares General Ills Inc Common Bew York Stock Exchange CUSIPI 370334104 49 1,000 Shares General IItrs Corp Sr Bt7.25\ 4/41 Bew York Stock Exchange CUSIPI 370"42816 Dividend accrued on 1/1/2006 50 1,933.138 Shares Harbor I'd Int1 I'd Inst Mutual Funds, lIoney Market I'd. CUSIPI 411511306 51 65 Shares Hartford I'inl Svcs Group Inc Comaon Bew York Stock Exchange CUSIPI 416515104 Dividend accrued on 1/1/2006 52 225 Shares Hewlett Packard Co COIIIROn Hew York Stock Bxchange CUSIPI 428236103 53 130 Shares Honeywell Int1 Ina Common Hew York Stock Bxahange CUSIP: 438516106 Total (Carry forward to main schedule) DOD Value of Asset \ Interest 84,240.00 100.0000 600.00 100.0000 4,698.23 100.0000 13,872.50 100.0000 453.10 100.0000 95,342.37 100.0000 5,616.16 100.0000 19.50 100.0000 6,456.38 100.0000 4,840.55 100.0000 . Exclusion 0.00 0.00 0.00 0.00 0.00 0.00 0.00 159-24-8784 Taxable Value 84,240.00 600.00 4,698.23 13,872.50 453.10 95,342.37 5,616.16 19.50 6,456.38 4,840.55 216,138.79 . . .state ofa Blaer A Groene, Jr. 159-2"-878" Schedule G (Page 8) It.. 10. Description DOD Value of Asset 'Interest Exclusion Taxable Value 5" "00 Share. Itt Inds Inc Ind Comaon Rew York Stock Exchange CUSIPa "50911102 "1,302.00 100.0000 0.00 "1,302.00 55 200 Shares International Busine.. bchs COIIIIIlon Rew York Stock Exchange CUSIP: "59200101 16,370.50 100.0000 0.00 16,370.50 56 250 Shares International G..e Tech COIIIIIlon Bew York Stock Exchange CUSIPa "59902102 7,692.50 100.0000 0.00 7,692.50 Dividend accrued on 1/1/2006 31.25 100.0000 31.25 57 125 Shares International Paper Co COIIIIIlon Bew York Stock Exchange CUSIPa 460146103 ",207.50 100.0000 0.00 4,207.50 58 1"8 Shares Intuit Inc COIIIIIlon BASDAQ Stocks CUSIPa "61202103 7,900.98 100.0000 0.00 7,900.98 59 1"5 Shares J P Horgan Cha.e Ie Co C~n Bew York Stock Bxchange CUSIP: 46625B100 5,761.21 100.0000 0.00 5,761.21 60 "75 Share. Johnson Ie Johnson Comaon Hew York Stock Bxchange CUSIPa "7816010" 28,877.63 100.0000 0.00 28,877.63 61 60 Shares Kimberly Clark Corp Comaon Bew York Stock Bxchange CUSIP: 49"368103 3,570.00 100.0000 0.00 3,570.00 Total (Carry forward to main schedule) 115,713.57 . . ..tate ofa .~er A Groene, Jr. 159-24-8784 Bstate ofa Blmer A Groene, Jr. It.. Ro. De.oription 70 125 Share. Masoo Corp COIIIROn Be. York Stook Bxohange CUSIPa 574599106 71 135 Share. MatteI Ino COIIIIIlOn B.. York Stook bohange CUSIPa 577081102 72 300 Share. Mooor.mick & Co Inc Bon Voting Com Be. York Stock Bxchange CUSIPa 579780206 Dividend accrued on 1/1/2006 73 100 Shar.. Mcgraw Bill Inc COJDIIlon Be. York Stock Bxchange CUSIPa 580645109 74 135 Share. Mead...tvaco Corp COJDIIlon B.. York Stook Bxchange CUSIPa 583334107 75 400 Share. Medtronic Inc COJDIIlon Be. York Stock Bxchange CUSIPa 585055106 76 1,043 Shar.. Microsoft Corp COIIIIIlon BASDAQ Stook. CUSIPa 594918104 . Sohedu1e G (Page 10) Total (Carry forward to main .chedule) DOD Value of As.et 'Interest 3,801.88 100.0000 2,120.85 100.0000 9,259.50 100.0000 54.00 100.0000 5,181.75 100.0000 3,771.90 100.0000 23,051.00 100.0000 27,511.99 100.0000 . BxclusioD 0.00 0.00 0.00 0.00 0.00 0.00 0.00 159-24-8784 Taxable Value 3,801.88 2,120.85 9,259.50 54.00 5,181.75 3,771.90 23,051.00 27,511. 99 74,752.87 .state of: .~er A Groene, Jr. It_ 10. Desaription 77 739 Shares Noodys Corp C~n Bew York Stoak Bxahange CUSIP: 615369105 78 90 Shares Norgan Stanley Coa Rew Re. York Stoak Bxahange CUSIP: 617446448 79 148 Shares Ravteq Corp CUSIP: 639361100 80 180 Shares Rewe11 Rubbermaid Ina COJIIIIlOn Bew York Stoak Bxahange CUSIP: 651229106 81 320 Shares Rokia Corp Adr Sponsored Be. York Stoak Exahange CUSIP: 654902204 82 300 Shares Pp1 Corp Common Re. York Stoak Bxahange CUSIP: 69351T106 83 223 Shares Payahex Ina COJIIIIlOn BASDAQ Stoaks CUSIP: 704326107 84 400 Shares Pepsiao Ina Common Rew York Stoak Exahange CUSIP: 713448108 Dividend aaarued on 1/1/2006 . Sahedule G (Page 11) Total (Carry forward to main sahedule) DOD Value of Asset 'Interest 45,733.02 100.0000 5,141.70 100.0000 6,472.41 100.0000 4,290.30 100.0000 5,904.80 100.0000 8,868.75 100.0000 8,551.49 100.0000 23,712.00 100.0000 104.00 100.0000 . Bxalusion 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 159-24-8784 Taxable Value 45,733.02 5,141.70 6,472.41 4,290.30 5,904.80 8,868.75 8,551.49 23,712.00 104.00 108,778.47 . . .state ofa .~er A Groene, Jr. 159-24-8784 Schedule G (Page 12) It... Ro. Description DOD Value of Asset 'Interest Bxclusion Taxable Value 85 195 Shares Pfizer Inc COIIIIIlOn Hew York Stock Bxchange CUSIPa 717081103 4,551.30 100.0000 0.00 4,551.30 86 100 Shares Pitney Bowes Inc COIIIIIlOn Hew York Stock Bxchange CUSIPa 724479100 4,255.00 100.0000 0.00 4,255.00 87 162 Shares Praxair Inc Common Hew York Stock Exchange CUSIPa 74005PI04 8,609.49 100.0000 0.00 8,609.49 88 849 Shares Procter & Gamble Co Common Bew York Stock Bxchange CUSIPa 742718109 49,452.13 100.0000 0.00 49,452.13 89 345 Shares QualcODlJll Inc CODIJIlon BASDAQ Stocks CUSIPa 747525103 14,985.08 100.0000 0.00 14,985.08 Dividend accrued on 1/1/2006 31.05 100.0000 31. 05 90 983.726 Shares Rowe T Price Md-Cp VI I'd Inc CODIJIlon Mutual Funds, Money Market I'd. CUSIP: 77957YI06 22,999.51 100.0000 0.00 22,999.51 91 500 Shares Safeco Corp Common NASDAQ Stocks CUS:IPI 786429100 28",387.50 100.0000 0.00 28,387.50 92 220 Shares Sandisk Corp COJIIIlon RASDAQ Stocks CUSIP: 80004C101 14,133.90 100.0000 0.00 14,133.90 Total (Carry forward to main schedule) 147,404.96 . . Bstate ofa B1aer A Groene, Jr. 159-24:-8784 Sohedu1e G (Page 13) It.. Ro. Desoription DOD Value of Asset 'Interest Bxolusion Taxable Value 93 200 Shares Sara Lee Corp Comaaon Bew York Stock Bxchange CUSIPa 803111103 3,814:.50 100.0000 0.00 3,814:.50 Dividend accrued on 1/1/2006 39.50 100.0000 39.50 94: 258 Share. Sprint Corp Ca.mon Be. York Stock Bxchange CUSIPa 852061100 6,027.53 100.0000 0.00 6,027.53 95 392 Shares Staples Inc Comaaon BASDAQ Stocks CUSIPa 855030102 8,869.98 100.0000 0.00 8,869.98 96 800 Shares Stryker Corp Comaaon Be. York Stock Bxchange CUSIPa 863667101 35,551.80 100.0000 0.00 35,551.80 Dividend accrued on 1/1/2006 88.00 100.0000 88.00 97 310 Shares 3M Co Common Bew York Stock Bxchange CUSIPa 88579Y101 24:,206.35 100.0000 0.00 24:,206.35 98 111 Shares United Parcel Svc Inc Cl B Bew York Stock Bxchange CUSIPa 911312106 8,333.02 100.0000 0.00 8,333.02 Dividend accrued on 1/1/2006 36.63 100.0000 36.63 99 600 Share. United Technologies Corp Common Hew York Stock Bxchange CUSIPa 913017109 33,575.63 100.0000 0.00 33,575.63 Total (Carry forward to main schedule) 120,542.94 . B.tate ofa B~er A Groene, Jr. Item Ro. De.cription 1001"2 Share. unit.dbealth Group Inc COIImon Hew York Stock Bxchange CUSIPa 9132"Pl02 101600 Share. Varian Ned Sy. Inc Common Bew York Stock Bxchange CUSIPa 92220Pl05 102125 Share. Verizon Communication. Common Bew York Stock Bxchange CUSIP: 92343Vl0" 103100 Shares Wachovia Corp Common Bew York Stock Bxchange CUSIP: 929903102 10"433 Shares Wal Mart Store. Inc Common Hew York Stock Bxchange CUSIP: 931142103 Dividend accrued on 1/1/2006 105192 Share. Walgreen Co Common Bew York Stock Bxchange CUSIP: 931422109 106300 Share. Well. Pargo & Co Bew Common .ew York Stock Bxchange CUSIP: 949746101 107223 Share. Xm Satellite Radio Inc Cl A BASDAQ Stocks CUSIP: 983759101 Schedule G (Page 14) Total (Carry forward to main .chedule) DOD Value of As.et 'Intere.t 8,806.8" 100.0000 30,108.00 100.0000 3,773.44 100.0000 5,312.50 100.0000 20,183.21 100.0000 64.95 100.0000 8,547.26 100.0000 18,825.00 100.0000 6,139.19 100.0000 . Bxclu.ion 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 159-2"-878" Taxable Value 8,806.8" 30,108.00 3,773.4" 5,312.50 20,183.21 64.95 8,5"7.26 18,825.00 6,139.19 101,760.39 Bstate ofa B!mer A Groene, Jr. It_ Ro. Desoription 10896 Shares Z~er Bo1dings Ino CUSIPa 98956p102 109200 Shares Ingersoll-Rand Company Ltd Cl A Rew York Stook Exohange CUSIPa G4776G101 110500 Share. Plextronios Intl Ltd Ord NASDAQ Stooks CUSIPa Y2573F102 11147,968.02 Shares Blaokrook Fund. PA Munioipal Money Mkt CUSIP: 992710442 Dividend aoorued on 1/1/2006 112Bartford Life Insuranoe Co Variable Annuity Contraot . 910913095 Value as of 1/1/06 Payable to Sidney L. Groene (See attaohed) 113AmerUs Annuity Group Co Policy '169003 Value as of 1/1/06 Payable to Sidney L. Groene (See letter attaohed) 114IRG Contract '1026037-0D IRA Annuity Comprised of IRG Ltd Mat Bd 12,030.50 IRG NFS Tot Ret 6,883.40 IRQ PIMeO Hi Yld 6,315.76 Payable to Sidney L. Groene (See letter attaohed) 1150ppenheiaer Funds IRA Trus t . Schedule G (Page 15) Total (Carry forward to main schedule) DOD Value of Aaset 'Interest 6,482.64 100.0000 8,068.00 100.0000 5,192.50 100.0000 47,968.02 100.0000 99.64 100.0000 134,580.25 100.0000 74,335.24 100.0000 25,229.66 100.0000 789,238.14 100.0000 . Bxclusion 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 159-24-8784 Taxable Value 6,482.64 8,068.00 5,192.50 47,968.02 99.64 134,580.25 74,335.24 25,229.66 789,238.14. 1,091,194.09 . Bstate ofa B1mer A Groene, Jr. Schedule G (Page 16) It_ Ro. Description Coaprised of Cha.pion Inc Pd A Core Bd Pd A Main St Pd A Payable to Sidney (See attached) 292,320.85 274,522.07 222,395.22 L. Groene 116Por Information Purposes Only Under date of January 25, 1992, B1aer A. Groene created an Irrevocable Agreement of Trust with Willi.. B. Miller, Jr., Trustee. Decedent did not retain any rights to or powers over principal that would subject the trust assets to tax. (Copy of Agreement attached) Total (Carry forward to main schedule) DOD Value of Asset 'Interest 0.00 100.0000 . Bxclu8ion 0.00 159-24-8784 Taxable Value 0.00 0.00 REV-1511 EX + (12-99) COMMONWEALTH OF PENNSYlVANIA If+ERITANCETAX RETURN RESIDENT DECEDENT &STATE OF B1_~r A GroAnA. Jr. . SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS Debts of decedent must be reported on Schedule I. FILE NUMBER 21 06 0209 ITEM NUMBER DESCRlPTlON AMOUNT A. FUNERAL.. EXPENSES: 1. Reill PUDeral Bame PUDeral .ervioe. 11,310.80 B. ADMNISTRATIVE COSTS: 1. Personal Representative's Commissions 15,000.00 Name of Personal Representative(s) PRC Bank, R.A. Social Security Number(s) I EIN Number of Personal Representative(s) - - Street Address 4242 Carli.le Pike City Camp Bill State PA Zip 17011 Vear(s) Commission Paid: To be paid 2. Attorney Fees 10,000.00 3. Family Exemption: (If decedent's address Is not the same as claimant's, attach explanation) Claimant Street Address City State Zip Relationship of Claimant to Decedent 4. Probate Fees 314.00 5. Accountant's Fees 6. Tax Return Preparer's Fees 7. RODe TOTAL (Also enter on line 9, Recapitulation) $ 36.624.80 3W46AG 1.000 (If more space Is needed, insert additional sheets of the same size) ~EV-1512 EX + (12..03) . COMMONwEALTH OF PENNSYlVANIA HERlTANCE TAX REnJRN RESIDENT DECEDENT ESTATE OF SCHEDULE I DEBTS OF DECEDENT, MORTGAGE LIABILITIES, & LIENS .1_-r A Groene. Jr. FILE NUMBER 21 06 0209 R.port d.bts Incurred by the d.c.d.nt prior to d.ath which remained unpaid as of the date of death, Including unrelmbursed medical .xpen.... IlEM NUMBER 1. DESCRIPTION VALUE AT DATE OF DEATH Harrisburg Phar.macy Balance due 224.88 2 Hospice of Central PA Bospice services 3 Medical Staffers Rursing services 4 PA Deparc.ent of aevenue Balance due 2005 PA State :Incoae Tax 5 West Shore BIIS Balance due 2,000.00 1,200.00 737.00 400.00 3W46AH 2.000 TOTAL (Also enter on line 10, Recapitulation) $ (If more space is needed, Insert additional sheets of the same size) 4,561. 88 REV.1513 EX+ (9-00) . SCHEDULE J BENEFICIARIES COMt.<<:INWEALlli OF PENNSYLVANIA NlERITANCE TAX RETURN RESlDENTDECEDENT ESTATE OF Blaer A GrftAI'lA J..... N.JMBER NAME AN> ADDRESS OF PERSON(S) RECEMNG PROPERlY I TAXABLE DISTRIBUTIONS Pnclude outright spousal distributions, and transfers under Sec. 9116 (8) (1.2)] 1 J. Scott Groene 1304 Chatham Road Camp Bill, PA 17011-6001 FILE NUMBER 21 06 0209 RELATIONSHIP TO DECEDENT AMOUNT OR SHARE Do Not List Trustee(s) OF ESTATE 1/2 remainder sh of B1mer A. Groene Bypass Trust Son 558,413.58 2 Sidney L. Groene 438 Lamp Post LaDe Camp Bill, PA 17011 Schedule B '1 4,190.73 Annuities valued at IRA a/cs valued at Life estate per K 208,915.49 814,467.78 809,235.02 Surviving Spouse 1,836,809.04 ENTER DOLLAR AMOUNTS FOR D1SlRIBUllONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE. ON REV-1500 COVER SHEET II NON- TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRlBUTlONS UNDER SECllON 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS 3W46A11.000 TOTAL Of PART". ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET (If more space is needed. insert additional sheets of the same size) $ 0.00 . . ..tate ofl .~er A Groene, Jr. 159-24-8784 Sohedu1e J Part 1 (Page 2) It_ Bo. De.oription Relation Amount 3 Debora L. Levin 507 Joel Drive Meohaniosburg, PA 17050-7235 1/2 remainder sh of B~er A. Groene Bypass Trust Daughter 558,413.58 Estate of Elmer A. Groene, Jr. File No: 21-06-0209 Date of Death: 1/1/2006 . Gross Estate Less: Schedules H & I Subtotal Less: Property passing directly to spouse Schedule E #1 Annuities IRA accounts Residue Sidney L. Groene b. 4/17/32; age 74 AFR for January 2006 = 5.4 Life Estate factor Table 5(5.4) for person age 74 = .42015 Value of life estate of Sidney L. Groene Remainder Value of Trust Calculation of Shares Calculation of Residue ($4,190.73) ($208,915.49) ($814,467.80) x $ Sidney L. Groene New England FinanciaVMet Life Policy of life of Sidney L. Groe Annuities - Schedule G #112&113 IRA accounts - Schedule G #114&115 Value of life estate in Trust J.Scott Groene & Issue 1/2 Remainder value of trust Debora L. Levin & Issue 1/2 Remainder value of trust Total . $2,994,822.88 ($41.186.68) $2,953,636.20 ($1.027.574.02) $1,926,062.18 0.42015 $809,235.02 $1,116,827.16 $4,190.73 $208,915.49 $814,467.80 $809,235.02 $1,836,809.04 $558,413.58 $558,413.58 $558,413.58 $558,413.58 $2,953,636.20 REV-1514 EX+ (12-03) . SCHEDULE K LIFE ESTATE, ANNUITY & TERM CERTAIN COMMONWEAllH OF PENNSYlVANIA INERlTANCE TAX RElURN RESlDENTOECEDENT ESTATE OF Check Box 4 n REV.1500 Cover Sheet FILE NUMBER Bl.er A Groene, Jr. 21060209 This schedule is to be used for all single life, joint or successive life estate and term certain calculations. For dates of death prior to 5-1-89, actuarial factors for single life calculations can be obtained from the Department of Revenue, Specialty Tax Unit. Actuarial factors can be found in IRS Publication 1457, Actuarial Values, Alpha Volume for dates of death from 5-1-89 to 4-30-99, and in Aleph Volume for dates of death from 5-1-99 and thereafter. Indicate the type of instrument which created the future interest below and attach a copy to the tax return. o Will [i] Intervlv08 Dud of Trust 0 Other LIFE ESTATE INTEREST CALCULATION NAME(S) OF LIFE TENANT(S) DATE OF BIRTH NEAREST AGE AT DATE OF DEATH TERM OF YEARS LIFE ESTATE IS PAYABLE 8idDe L. Groene 04/17/1932 74 Term of Years Term of Years Term of Years Term of Years Life or 1. Value of fund from which life estate is payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2. Actuarial factor per ap~riate table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interest table rate - U 3 1/2% 0 60k 0 10% [!] Variable Rate 5.40000 % 3. Value of life estate (Line 1 multiplied by Line 2) ............................. $ Term of Years 1,926,062.18 0.42015 809,235.02 ANNUITY INTEREST CALCULATION NAME(S) OF LIFE ANNUITANT(S) DATE OF BIRTH NEAREST AGE AT DATE OF DEATH TERM OF YEARS ANNUITY IS PAYABLE 1. Value of fund from which annuity is payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2. Check appropriate block below and enter corresponding (number) . . . . . . . . . . . . . . . . . . . Frequency of paY.Qut -0 Weekly (52) B Bi-weekly (2IDD Monthly (12) o Quarterly (4) D Semi-annually (2) Annually (1) OOther' ) 0 3. Amount of payout per period ....................................... $ 4. Aggregate annual payment, Line 2 multiplied by Line 3 . . . . . . . . . . . . . . . . . . . . . . . . . 5. Annuity Factor (see Instructions) Interest table rate -0 3 1/2% 0 60/0 0 10% D Variable Rate 0 . 00000 % 6. Adjustment Factor (see instructions) ................................... 7. Value of annuity -If using 3 1/2%, 6%, 10%, or if variable rate and period payout is at end of period, calculation is: Line 4 x Line 5 x Line 6 . . . . . . . . . . . . . . . . . . . . $ If using variable rate and period payout is at beginning of period, calculation is: (Line 4 x Line 5 x Line 6) + Line 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ Term of Years Term of Years Term of Years Term of Years 0.00 0.000 0.00 0.00 0.00000 0.00000 0.00 0.00 NOTE: The values of the funds which create the above future interests must be reported as part of the estate assets on Schedules A through G of this tax return. The resulting lite or annuity interest(s) should be reported at the appropriate tax rate on Lines 13 and 15 through 18. (If more space is needed. insert additional sheets of the same size) 3W46AJ 3.000 .REV.1647 EX+ (9-00) . SCHEDULE M FUTURE INTEREST COMPROMISE . CCIMMONWEAL lli OF PENNSYlVANIA HERlTANCE TAX RElURN RESIDENT DECEDENT Check Box 4a on Rev-1500 Cover Sheet, ESTATE OF FILE NUMBER Blaer A Groene. Jr. 2106 0209 Thl. .chedule .. appropriate only for e.tat.. of decedents dying after December 12, 1982- This schedule is to be used for all future Interests where the rate of tax which will be applicable when the future interest vests In possession and enjoyment cannot be established with certainty. Indicate below the type of instrument which created the future Interest and attach a copy to the tax return. D Will [iJ Trust D Other I. Beneflci8t1e. AGE TO NAME OF BENEFICIARY RB.AllONSHIP DATE OF BIRTH NEAREST BIRTHDAY 1.Groene, J. Scott Son 6/2/1957 0&8 2.Groene, Sidnev L SurvivinG" SDouse 0&/17/1932 70& 3.Levin, Debora L Daughter 1/8/1963 0&3 4. 5. II. For decendents dying on or after July 1, 1994, If a surviving spouse exercised or intends to exercise a right of withdrawal within 9 months of the decedent's death, check the appropriate block and attach a copy of the document in which the surviving spouse exerclses such withdrawal right. n Limited rlaht of withdrawal n Unlimited right of withdrawal III. Explanation of Compromise Offer: Residue of the probate estate of Blaer Groene passes to the trustees of his Revocable Trust Agreeaent. Article rv of the Agreeaent provides for a Bypass Trust to take advantage of the "Applicable Credit Mount.. for federal estate tax purposes. The reaainder, if any, is distributed outright to the decedent-s wife, Sidney L. Groene. At the decedent-s death all of his assets were in joint naaes with his wife, in his Trust, or in the IV. Summary of Compromise Offer: 1. Amount of Future Interest . . .. . . . . .. . .. . . . . . . . . .. . .. .. .. . . . . .. .. .. . .. . . . . . . .. .. .. $ 1,926,062.18 2. Value of Line 1 exempt from tax as amount passing to charities, etc. (also include as part of total shown on Line 13 of Cover Sheet). . . . . . $ 0.00 3. Value of Line 13ssing [j;se ~te tax rate Check One 6%, 3%, X OOA............. . . . $ 809,235.02 (also include as part of total shown on Line 15 of Cover Sheet) 4. Value of Line 1 taxable at lineal rate Check one D 6% [i] 4.5% . . . . . . . . . . . . . . . . $ 1,116,827.16 (also include as part of total shown on Line 16 of CoY8l' Sheet) 5. Value of Line 1 taxable at sibling rate (12%) (also include as part of total shown on Line 17 of CoY8l' Sheet). . . . . . $ 0.00 6. Value of Line 1 taxable at collateral rate (15%) (also include as part of total shown on Line 18 of Cover Sheet). . . . . . $ 0.00 7. Total value of Future Interest (sum of Lines 2 thru 6 must equal Line 1) . . . . . . . . . . . . . . . . . . . . $ 1,926,062.18 3W046AN 1.000 (If more space is needed, insert additional sheets of the same size) . - Bstate of. Blmer A Groene, Jr. Schedule M Part 2 (Page 2) fora of Individual Retir..ent Accounts and annuities all payable to his wife. Sidney L. Groene executed qualified disclaimers with regard to saae of the decedent's jointly owned property in order to take advantage of the "Applicable Credit Amount" for federal estate tax purposes. She also discla~ed the special power of appoinCDent over the Bypass Trust that was granted to her under Article V(3) of the Trust Agre..ent (copy of the disclai.ers are attached). Income from the Bypass Trust is to be distributed to the decedent's wife and children in such shares and proportions as the Trustee in its sole dscretion deteraine for aedical care, education, support and aaintenance of the decedent's wife and children, taking into consideration to the extent the Trustee de..s advisable, any income or resources of decedent's wife and children, considering that the decedent's wife is the pr~ary object of the decedent's bounty. Principal .ay also be expended in the Trustee's discretion in such shares and proportions as in its sole discretion shall be necessary or advisable . 159-24-8184 . . - Bstate ofa B1mer A Groene, Jr. . Sohedule M Part 2 (Page 2) fram ttme to ttae for the .edioal care, eduoation aDd support aDd maintenaDoe of the deoedent's wife aDd ohildren taking into oonsideration to the extent the Trustee deems advisable, aDy other inoome or resouroes of the deoedent's wife aDd children known to the Trustee, considering that the deoedent's wife is the prtmary objeot of the deoedent's bOUDty. At the death of the deoedent's wife, Sidney L. Groene, the remaining prinoipal of the Bypass Trust shall be divided into two separate shares so as to provide one share for eaoh then-living child (or one share for eaoh deoeased child of the deoedent who shall leave issue then living). The share provided for each living ohild is to be distributed to suoh ohild. The share provided for a deceased child shall be distributed per stirpes to suoh issue. If at the death of Sidney L. Groene all of the decedent's issue are deoeased one-half of the remainder shall pass to the those heirs entitled to take UDder the intestaoy law then in effeot in the Commonwealth of PA aDd one-half to the Caap Bill Presbyterian Churoh. . 159-24-8784 . . . Bstat. oft B~.r A Gro.n., Jr. . Sch.dul. N Part 2 (pag. 2) Th. unc.rtainty in d.t.naining the iDh.ri tanc. tax is wh.th.r any, and how much, incom. and/or principal will b. distribut.d to the deced.nt's wire and/or childr.n. As indicat.d in Articl. V of the d.c.d.nt's Trust Agr....nt, the d.c.dent's wife is the primary obj.ct of his bounty. Th. dec.d.nt's two childr.n are adults and self suffici.nt and do not require any financial assistance from this trust to maintain their standard of living. Sidney L. Groene, as m.ntioned in the Trust Agreem.nt is the priaary object of the decedent's bounty so it is anticiapted that incom. from this trust will be distributed to her. She is also the beneficiary of various annuities and XRA accounts of the decedent so it is anticipated that no principal will be n.eded to distributed to Sidney to maintain her current standard of living. Pursuant to the above the Bxecutor proposes a compromise based on a life estate in the Bypass trust to decedent's wife, Sidney L. Groene, and the remainder passing to the d.cedent's two children. . 159-24-8784 ,.... - . . ~Off!~~f ..': .- MILLER & N~oWms,':-pc " 1822 Market $_ " ' . Camp Hill, PA 17011 ~.. .-' ,-~,._.~.'-~:: ,,:~:iJii2iL~~;,'~~._.~,:Oh"'" . LAST WILL AND TESTAMENT OF ELMER A. GROENE, JR. I, ELMER A. GROENE, JR., of Camp Hill, Hampden Township, Cumberland County, Pennsylvania, declare this to be my last Will and revoke all prior Wills and Codicils made by me. FIRST: I am married to SIDNEY L GROENE, and aI, ,references to my wife in this Will are to her. I have two children: J. SCOTT GROENE (born 2 June 1957) and DEBORA L. LEVIN (born 8 January 1963). These persons and any children born to or adopted by them are described in this Will as "my issue." Provided, however, no adopted person shall benefit hereunder unless the order or decree of adoption is . entered before such adopted person attains the age of twenty-one (21) years. SECOND: I give all my tangible personal property and any insurance thereon to ( my wife, if she survives me, or, if she does not, to be divided among/my children who survive me in as nearly equal shares as practical. I have complete confidence that my wife, my surviving children and my Executors will honor any written instructions that I may leave with regard to said tangible personal property. Any such property not so distributed shall be sold, and the proceeds added to my residuary estate to pass as - hereafter described. THIRD: I giYE! the r.~t and remainder of my estate, real and personal, to the then acting Trustees under my Revocable Agreement of Trust bearing the same date as this Will and executed by me before this Will, as it may be amended at my death (hereinafter my "Trust Agreement"), to be added to the principal held thereunder. In any instance where a share of my estate would be distributable to a beneficiary of such trust when received by the Trustees, the Executors may make distribution directly to such beneficiary. In the event the said Trust Agreement had been revoked prior to my date of death, then I give the rest and remainder of my estate to the beneficiaries as set forth in said Trust Agreement. Last Will and Testament of f:1mIIr A r.~ Ir DGfta" ,.# n ~" . . FOURTH: The Internal Revenue Code permits Executors to make elections with respect to various taxes. I direct the Executors to make or not to make such elections, and to exercise such other discretionary authority granted by the Code, only as the Trustees u~de~ !Tly Trust Agreement instruct in writing pursuant to the terms of such Agreement. FIFTH: My wife shall have a special power to appoint all or any portion of the Trust during her lifetime by written documen~ delivered to my'Trustees, referring expressly to this Article, or by Will, validly executed and attested referring expressly to this Article, among such other person or persons hereinafter named or described, absolutely or in trust, as she may indicate. This special power of appointment is exercisable only in favor of J. SCOTT GROENE and DEBORA L. LEVIN or their issue. . My wife shall have no power to appoint the principal of this fund or income accumulated thereon to herself, her estate, to her creditors, or to the creditors of her estate. My ( Trustees may rely upon an attested Will probated in any state that otherwise meets the requirements of this Paragraph. SIXTH: No beneficiary may assign or transfer his or her interest under this Will, and no person with a claim against a beneficiary may reach any such interest before it is distributed to the beneficiary. SEVENTH: Unless paid directly from any principal held under my Trust Agreement pursuaDt to ~ direction or discretion given in that instrument, the Executors shall pay as an administration expense from the principal of my residuary estate before its division into any shares or trusts all estate and inheritance taxes payable by reason of my death with respect to all property comprising my gross taxable estate, whether or not passing under this Will, including any tax with respect to any trust or similar arrangement (or portion thereof) which, although created by my wife, is deemed for Pennsylvania Inheritance Tax purposes to be a transfer by me. The foregoing direction shall include interest and penalties on any particular tax as a part of the tax itself. I _ 'Ana ..... T....t. ......... "'" c.......6 ~ Ir PanA ., nf Q . . . EIGHTH: Powers of Fiduciaries and Self-Dealing. A. In addition to powers given them by law, all fiduciaries acting hereunder, whether or not n~med herein. shall have the following discretion_ary powers applicable to all property held by them, effective without court order and until actual distribution. (1) To retain any property received by them, without regard to any principle of investment diversification. " ". (2) To invest in all forms of property, without restriction to investments authorized by law and without regard to any principle of investment diversification. (3) To operate any business; to cause or join in any incorporation, . partnership, or other form of association, recapitalization. merger, ' reorganization, liquidation or voting trust plan; to deposit investments ( under agreements and pay assessments; to delegate discretionary authority with respect to any of such actions and generally to exercise all rights of investors. (4 ) To compromise controversies. (5) To buy, exchange, or self real or personal property publicly or privately, for such prices and on such terms as they deem proper; to lease for any term regardless of the d~ation of any trust hereunder; and to give ... ..... . options for these purposes without obligation to repudiate them in favor of a higher offer. (6) To abandon any property which the disinterested fiduciary, in such fiduciary's sole discretioOr deems to be in the best interests of the trust and its beneficiaries. (7) To borrow money from any source, and to mortgage or pledge estate assets as security. last WUI and Testament af EIrMr A GrnanA. Jr. Pane 3 of 9 . . (8) To use principal or income to which any beneficiary is entitled for the beneficiary's exclusive benefit if they deem the beneficiary incapable of receiving the same by reason of any illness, infirmity or legal incapacity. (9) To exercise any discretionary power to use principal or income for a beneficiary by paying the beneficiary's expenses directly or by making payment to the beneficiary, notwithstanding any legal incapacity, or to any other person or organization they select, ~o disburse the same for the beneficiary's exclusive benefit. (10) To hold investments in the name of a nominee. (11) To employ and compensate as they deem appropriate, without diminution of any fiduciary's compensation hereunder, any brokers, . advisors, professional persons, and other agents and, in their discretion, to delegate revocably investment and management discretion to any ( . such broker, advisor, professional person or agent. J (12) To make distributions in cash or in kind or partly in each at fair market values 'On the date of distribution. (13) To disclaim on my behalf any interest the Executors deem advisable. B. No rule of law against self-dealing, divided loyalty, or conflict of interest shall be applied to render any transaction effected by the fiduciaries void, voidableJ or o,~herwise subject to attack solely for violation of such rule, nor shall the fiduciaries incur any liability, nor shall any fiduciary's commissions for acting hereunder be reduced, solely for violation of such rule. Any transaction which involves self-dealing, divided loyalty, or cc;mflict of interest by the fiduciaries shall be judged by the rules of law which would apply to the same transaction at arm's length between strangers free of any element of self-dealing, divided loyalty, or conflict of interest. Thus, by way of illustration I _ _A. ..nll __~ ...._-.a.-.__.-. _.I!!'-_ A ,,__ .. PsanA ... nf A ~ " . . and not of limitation, all fiduciaries are authorized, without giving any notice required by statute, to: (1) Employ and compensate any fiduciary or any affiliate as broker, agent, or . professional advisor for any purpose. (2) Borrow from the commercial department of any corporate fiduciary or any affiliate at current interest rates. (3) Buy, retain, and sell any debt or equity security"issued. or underwritten by any corporate fiduciary or any affiliate and any debt security secured, supported, and/or otherwise enhanced by a letter of credit issued by any corporate fiduciary or any affiliate. (4) Buy, retain, and sell any security of any investment company or trust . registered under the Invesbnent Company Act of 1940 to which any. corporate fiduciary or any affiliate renders service for compensation. ( (5) Buy any property from or sell property to any beneficfary or fiduciary acting hereunder or otherwise on arm's length terms. An "affiliate" means any entity which owns, directly or indirectly, an interest in any corporate fiduciary, any entity in which any corporate fiduciary owns an interest, directly or indirectly, and any entity in common control with any corporate fiduciary. NINTH: 'IN THIS WILL: , A. "Fiduciaries" shall be deemed to refer to the Executors or Guardians of the ". estates of minors acting hereunder, as the context may require, and plural references thereto shall be deemed singular where only one is acting or where, in context, only one is permitted to exercise discretion or to act. Likewise, such references in the singular shall also include the plural where more than one is acting and where, in context, more than one is permitted to exercise disaetion or to act . B. The "Code" shall m.ean the Internal Revenue Code of 1986, as amended, and shall include corresponding provisions of future law. C. References to a "Will" (inclucflllg "this Wilr) or an "instrument" (including . "this instrumenr), shall include any codicil hereto. 8..... _ e _6" . . TENTH: APPOINTMENT OF FIDUCIARIES. A. I appoin~ my wife, SIDNEY L. GROENE, and PNC BANK, N.A., Co-Executors of this my Will. In the event my wife for any reason does not ad or continue to act as Executrix, then I appoint as substitute and successor my son, J. SCOTT GROENE, as my Co-Executor. In the event that my son is unable or unwilling to so serve as Co- Executor, then I appoint as substitute and successor my daughter, DEBORA L. LEVIN, as my Co-Executrix with the same powers and duties. ',<< . B. Without the permission of any court the corporate fiduciary acting hereunder may resign by a writing lodged with the permanent records hereunder, effective (1) after thirty days' written notice to each adult income beneficiary and (2) a successor corporate fiduciary's execution of acceptance of appointment to act hereunder following . the resignation. Such successor corporate fiduciary may be located in or out of the Commonwealth of Pennsylvania and shall be appointed by the then acting fiduciaries, including the corpJate fiduciary who wishes to resign, even if such corporate fiduciary is then acting alone. C. The corporate fiduciary acting hereunder shall be compensated as provided from time to time in accordance with its published schedule of fees. D.. Individual fiduciaries shall be entitled to compensation in an amount equal to one-half (1/2) of the compensation payable to the corporate fiduciary, to be divided, if more than one individual fiduciary is acting, as such individuals agree. Compensation .... '. payable to an individual fiduciary shall be in addition to that payable to the corporate fiduciary. E. All fiduciary compensation shall be allocated to principal and/orincome as the corporate fiduciary deems fair and equitable. F. I appoint the Trustees ading from time to time under my Trust Agreement as Guardians of the estate of any minor who has no other Guardian of his or her estate, with power to hold for the minor all property payable by law to a Guardian appointed hereunder and to use the same for the minor's exclusive benefit, after considering oth~r Last ww and Teet.mlllt of E/mer A. Groene. Jr. Page 8 of 9 . . available resources and economies of taxation. No Guardian acting under this Will shall participate in any discretionary decision to use principal or income for any person whom such guardian is legally obligated to support. Guardians shall represent any minor in any division of tangible persona. property under a prior provision of this Will. Guardians shall have no duty to make any tangible personal property income- producing and may distribute any articles thereof, without further responsibility, to the minor or to any person whom Guardians choose to hold the. property for the minor. G. No fiduciary acting under this Will shall be required to post bond or enter security in any jurisdiction. IN WITNESS WHEREOF, I have set my hand and seal on this my Last Will and Testament this /6 day of SErre/JOt)(. .2004. j~bI fl ~,,~ ELMER A. GROENE, JR.v, ( (S EAL) Attestation Cla'use. The foregoing Will was this II, day ofSff7f/f~fl- ,2004, signed, sealed, published and declared by the Testator as and for his Last Will and Testament in our presence, and we, at his request and in his presence, and in the presence of each oth~r, have hereunto subscribed our names as witnesses on the above date. " Of~~~ of P A/c. f5.;4/\/ I<.. ~ J4 . . - tAl' ';-Jtr; V "if ~ 0- of f 4/e.. k,e ,//. /I. . list WID and Testament of Elmer A. Growle. Jr. PanA 7 nfQ . e SELF-PROVING AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA : 55. COUNTY OF CUMBERLAND I, ELMER A. GROENE, JR., Testator, whose name is signed to the attached or foregoing instrument, having been duly sworn according to .'.." dq h.ereby acknowl- edge that I signed and executed the attached instrument as my Last Will and Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed, on this the /6 day of yPrHtd$~ . ,2004. ~f~~~ ( . ... '. Subscribed, sworn to, and acknowledged before me by ELMER A. GROENE, JR., the Testator, this /r'dayof ~~""/~tt'r ,2004. \ S ; DENISE C. . GER. ~ Ha~ ~ CuInIJeNnd CoUnty My eom....G:xprea Nat. 22. 2004 . . - --'.--.-. ..'....-.-.-.----- ...., .~.._---~- .........-.... . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 55. We, the 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 ELMER A. GROENE, JR. execute the inst~ment as his Last Will and t.. ... Testament; that he signed willingly and that he executed it as his-free and voluntary act for the purposes therein expressed, that each of us in the hearing and sight of ELMER A. GROENE, JR., signed the Last Will and Testament as witnesses; and that, to the best of our knowledge ELMER A. GROENE, JR. was at the time eighteen (18) years of age, of sound mind, and under no constraint or undue influence. ., --- - z/ Witness - - - ~s~ ". -~~~~~ Witnes Subscribed, sworn to, and acknowledged before me by!Jtubt~. JW~.I/1. , 1>.1 U L ?ll51IeCALLIN I and {' A rr;( In - V ore. Iso... r the v:.itn~sses, this /d??<day Of~~.-:?~("~ ,2004. Page 9 of 9 Last WII and Testament of Elmer A. Groene, Jr. II' , . . REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA ;::::? IN RE: ESTATE OF NO. 2006-00209 t'_..:> l~~ ,~:';:; , j~ i "'_:: ELMER A. GROENE, JR., DECEASED PA No. 21-06-0209 ;.......} ... ~i~ . --, . -- ~. "..0 o " --;, ':::..) DISCLAIMER AND RENUNCIATION , ::i';;: _.' 33 :~~.) . ~) ,-; ".i ~>?; ..~' . ~,;--( THE UNDERSIGNED, SIDNEY L. GROENE, surviving spouse of ELMER A. GRGENE'," ",2 . JR., the above-named decedent, hereby irrevocably and unqualifiedly disclaims and ren&ihces, for no consideration, in accordance with Section 6201 and other applicable provisions of the Penns~ylvania Probate, Estates and Fiduciaries Code and the Internal Revenue Code, any and all interest she had, has or might have as the appointee of the special power of appointment as granted to me in Item FIFTH of the Last Will and Testament of my late husband, Elmer A. Groene, Jr., dated 16 September 2004, duly admitted to probate by the Register of Wills of Cumberland County, Pennsylvania, and docketed to No. 2006-00209. The undersigned hereby affirms that no part of the aforementioned special power of appointment has heretofore been exercised by me. ' WITNESS my, hand and seal on this the 24th day of March, 2006. 'f . O - y'/{; I I - ('// ~/---- \. y~ SIDN"'EY L. GROENE 438 Lamp Post Lane Camp Hill, PA 17011 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 55. ON THIS, the 24th day of March, 2006, before me, the underSigned officer, personally appeared SIDNEY L. GROENE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the pU'"P.oses therein contained. IN WITNESS WHEREOF, I hereunder set my hand and official seal. ~Jm~chfW}0 Notary Public --..-"""----. J\:: -- ;. :".~ -~. :' :~.' . .\llb.R~CR1~:_ .I' '_.>::. .._.- :X~:;'~:.:.:~-'~._: ;.>..:,-_.,~. - .;. ." ';' ~ . i'-~ , . " ~ .-- r-'l REGISTER OF WillS OF CUMBERLAND COUNTY, PENNSYLVANIA .~ .-:!:.j ..1.......,... IN RE: ESTATE OF NO. 2006-00209 ELMER A GROENE, JR., DECEASED PA No. 21-06-0209 ..' .~ .. _ -'''j DISCLAJMER AND RENUNCIATION, AND SUGGESTION OF BENEFrCIARY ~ ......'" !"--.) r,:.::;) It~ :-u~ .... r..-..... .--"r. .'::::.;.< i i .. . J -'1-' ;---. - ..' ,-""",' >"" ....-....J N ~...Q :E ~ ..) c:') '!'.-=8 ~ " .. .._., ;-n ':~. -:. ':.".) , .; r:? THE UNDERSIGNED. SIDNEY L GROENE, surviving spouse of ELMER A GROENE, JR., the above-named decedent. hereby irrevocably and unqualifiedly disclaims and renounces, for no consideration, in accordance with Section 6201 and other applicable provisions of the Pennsylvania Probate, Estates and Fiduciaries Code and the Internal Revenue Code. any and all interest she had, has or might have in and to that certain Delaware Balanced Fund A Class regular investment account, Fund Code and Account Number 00215021419889, issued and managed through Delaware InvestmentS, a member of Lincoln Financial Group, registered in the names of Elmer A. Groene, Jr., and Sidney L. Groene, as tenants by the entireties, j including, specifically, the interest in said account and all of its shares and reinvested dividends as the surviving joint tenant with right of survivorship, and suggests to the Register of Wills of Cumberland County, Pennsylvania. that my interest in the said Delaware Balanced Fund A Class regular investr;nent account be transferred and assigned in full to the ESTATE OF ELMER A. GROENE, JR., DECEASED. The undersigned hereby affirms that no part of the aforementioned interest or its benefits have been accepted by her. WITNESS my hand and seal on this the 24th day of March, 2006. I""'. i . I / "'J . : t . oJ' .' /< \......t-'. /' ,-. .. . .~ : /.~#.. . A / /J~ SIDNEY L. GftOENE/ 438 Lamp Post Lane Camp Hill, PA 17011 ". COMMONWEALTH Of. PENNSYl V ANfA 55. COUNTY OF CUMBERLAND ~ ON THIS, the 24th day of March, 2006, before me, the undersigned officer, personally appeared SIDNEY L. GROENE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged' that she executed the same for the purposes therein contained. . IN WITNESS WHEREOF, I hereunder set my hand and official seal. :j~it:~:;~ ~;7 !r~~;~f:~~t.~~.~~S:~ :....:.. :';__0-:";"\ . . .. 2,:~~:;;~ ..l.~::~ ~~~ ~::'~/7 .JJ\ Unz~JJl\Q,'... if -. &Me) . No~ry Public' ~ ~ ~ .. . ; II . f / ":-] REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA~" ,-' '. IN RE: ESTATE OF NO. 2006-00209 PA No. 21-06-0209 1-.: .~ ~.. ~:.. ELMER A. GROENE, JR., DECEASED DISCLAIMER AND RENUNCIATION, AND SUGGESTION OF BENEFICIARY r",) C::-.:; '.:~ ~ " i ......r '...:') -;J (~~;;~ CJ THE UNDERSIGNED, ~IDNEY L. GROENE, surviving spouse of ELMER A. GROENE, JR., the above-named decedent, hereby irrevocably and unqualifiedly disclaims 'and renounces, for n9 consideration, in accordance with Section-6201' and other applicable provisions of the Pennsylvania Probate, Estates and Fiduciaries Code and the Internal Revenue Code, any'and all interest she had, has or might have in and to that certain Certificate of Deposit, Account No. 31100255720, issued by PNC Bank, N.A., registered in the names of Elmer A. Groene, Jr., and Sidney L. Groene, as tenants by the entireties, including, specifically, the interest in said Certificate of Deposit as the surviving joint tenant with right of survivorship, and suggests to, the Register of Wills of Cumberland County, Pennsylvania, that my interest in the said Certifi~te of Deposit be transferred and assigned in full to the ESTATE OF ELMER A. GROENE, JR., DEGEASED. The undersigned hereby affirms that no part of the aforementioned interest or its benefits have been accepted by her. WITNESS my hand and seal on this the 24th day of March, 2006. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. ON THIS, the 24th day of March, 2006, before me, .the undersigned officer, personally appeared SIDNEY L. GROENE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes thereIn contained. . - IN WITNESS WHEREOF, I hereunder set my hand and offi~ial seal. - .-.. --- --'--.--..---.. .-.._---_._.._-~_.._.. --- --...--...--.. ... --'-".'--..... ~d~t~~ NGTARJPi S2?,L iItl.ARJOR~E L ,.iO;.JP.!~CO:'~. No!zrj ?:!bI::; , 12:;~~;;~;~~;'; i;~:~~::;;'~~',7~~'~7 _...j , . I ,: ~'-:'~ . ~ :.-~7) t- .:'! .~::. . i ~ --, ",:; ~~ ; ---. :-:.~.~ -~ I It . ,-" ~~ REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYL VANJA--:i _:':~.1> ~"'"'!'., '_z~ IN RE: ESTATE OF NO. 2006-00209 ii:;;~~ ELMER A. GROENE, JR., DECEASED PA No. 21-06-0209 8~"~ $ DISCLAIMER AND RENUNCIATION, AND SUGGESTION OF BENEFICIARY f"'-.,; ~ ~ cr. ~1 ""-"'''; -; --, . -". -~ '-..' ~.--" --a ~~ -''''-; N " o c;-, ~-T t"'- , ...... .--.." - . THE UNDERSIGNED; SJDNEY L. GROENE, surviving spouse of ELMER A. GROENE, JR., the above-named decedent, hereby irrevocably and unqualifiedly disclaims and renou,nces, for no consideration I in accordance with Section 6201 and otb~r applicable provisions of the Pennsylvania Probate, Estates and Fiduciaries Code and the Internal Revenue Code, any and all interest she had, has or might have in and to those three (3) certain municipal bond funds, MFS Municipal Bond Fund-A, Account Number 0017-00060226216, MFS Pennsylvania Muni Bond Fund-A, Account Number 0030-00060226604, and MFS Municipal Limited Maturity Fund- A, Account Number 0037-00060226682, registered in the names of Elmer A. Groene, Jr., and Sidney L. Groene, as joint tenants with right of survivorship, including, specifically, the interest in said mutual fund accounts as the surviving joint tenant with right of survivorship, and suggests to the Register of Wills of Cumberland County, Pennsylvania, that my interest in the said mutual fund accounts be transferred and assigned in full to the ESTATE OF ELMER A, GROENE, JR., DECEASED. The undersigned hereby affirms that no part of the afore- mentioned interests or their benefits have been accepted by her. WITNESS my hand and seal on this the 7th day of April, 2006. /--, \'-/; "./" ) I-'~ - ./.-' ....:/.. / '~.,J ~ ~D~~~t~t>iN~ ~ 438 Lamp Post Lane Camp Hill, PA 17011 COMMONWEALTH .OF PENNSYl V ANfA COUNTY OF CUMBERLAND SS. ON THIS, the 7th day of April, 2006, before me, the undersigned- officer, personally appeared SIDNEY L. GROENE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunder set my hand and official seal. Llcu-dG~ n . bh/Wird Notary Public ~ :i;~;'\.." ..;/"" ~.__ .";~. ~:'.; i ;....~.;;,;:i.._ ....'.. :~c~nt)~ - !.ooi ..~. -.-....-. :~Tr-,_ -- :\~'!- - -.... .-...-..--.... . t'aQe4ll __ Uvlng Insured ,- (File w1lh Form 709, UniIsd" GIft.nd~Tnnfar)T.. ~_boflocl wllh;""'1OI, u__ Estate (and GeneraUon-SklPPIfTransfer) Tax Retum, or Form 708-NA, United ~ta~tate (and GeneratIon-SkIppIng Transfer) Tax Retum. Estate d nonresident not a clUzen of the United States. whent decedent owned Insurance on life d another.) SECTION A - GenerallnfonnatJon 36 First name and middle Initial of donor (or decedent) 37 Last name 38 Social Security number Elmer A. Groene Jr 159-24-8784 39 Date of gift for which valuation data submitted . . . . . .. . . . . .. .. .. . . . . . . . .. . .. . .. . .. .... . . . . . . . .. ~ 40 Date of decedenfs death for wtW::h valuation data submitted ................. ..... ............ . 01/0112006 41 Name of Insured Sldne L. Groene 44 Name and address of Insurance company New England'Flnanclal/1letUfe 700 Quaker Lane Warwick RI 02886 42 Sex Female 43 Date of birth 05120/1929 45 Type of policy 146 Policy number 47 Face amount 48 Issue date Whole life 02996062 5.000.00 09/22/1965 49 Gross Premium 50 Frequency of payment 106.20 Annual 51 Assignee's name 52 Date assigned 53 If irrevocable designation of beneficiary made, name of 54 Sex 55 Date of birth, 56 Date beneficiary If known designated 57 If other than Simple designation, quote in full. (Attach additional sheets if necessary.) 58 If policy Is not paid up: a Interpolated terminal reserve on date of death, assignment, or Irrevocable designation of beneficiary . ; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58a $ 3,458.44 b Add proportion of gross premium paid beyond date of death, assignment, or Irrevocable designation of beneficiary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 58b $ 77.00 c Add adjustment on account of dividends to credit of policy. . . . . . . . . . . . . . . .. .... 58c $ 655.30 d Total (add lines 58a, b, and c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e Outstanding indebtedness against policy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. f Net to~1 value of the ~licy (for gift or estate tax purposes) (subtract line 58e from line 58d) . . . . . . . . . . . .. 59 If policy is either paid-up or a single-premium: a Total cost, on date of death, assignment, or Irrevocable designation of beneficiary, of a single premium policy on life of insured at attained age, for original face amount plus any additional paid-up insurance (additional face amount $-> 59a $ (If a single-premium policy for-the total face amount would not have been Issued on the life of the insured as of the date specified, nevertheless, assume that such a policy could then have been purchased by the Insured and state the cost thereof, using for such purpose the same formula and basis employed, on the date specified, by the company in calculating single premiums.) b Adjustment pn account of dividends to credit of policy. . . . . . . . . . . . . . . . . . . . . . . . .. 59b $ c Total (add lines 59a and 59b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5ge d Outstanding indebtedness against policy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 59d · Net total value of policy (for gift or estate tax purposes) (subtract line 59d from line 59c) . . . . . . . . . . . . . . .. 59. The undersigned officer of the above-named Insurance company (or appropriate Federal agency or retirement system official) hereby certifies that this statement sets forth true and correct information. SIgnature · (J k& J, (He,~~? Title . dl.~ ~"'oI ~ ~~ rtlflcation · ~ 'P?flh& /Vc. Fonn 712 (Rev. 5-2000) ~~~-1~-~~ l~'~b I"'Nl..DHNK 41<::: -(bt:1 ~~;:,~ t"'.t:Jl -- . o PNCBAN< February 13, 2006 Ms. Judith Hafd PNC Advisors Camp Hill, P A 170 II scp RE: Estate of Elmer A Groene (Deceased) SSN: 159-24-8784 DOD: 01-01-2006 Dear Ms. Haftl: In response to your request (or Date of Death balances for the customer noted above, our records show the following: Certificate of Deposit Account #31100255720 Established 02-07-2005 ELMER A GROENE JR SIDNEY L GROENE DOD balance: $102,699.95 + S216.30 accrued interest Checking ACCOunt Account #5140024824 Established 01-01-1978 ELMER A GROENE lR SIDNEY L GROE?>..'E DOD balance: $5,935.02 + $0.05 accrued interest Savings Account Account #51JO 1 046$2 "'. Established 12-01-1982 ELMER A GROENE JR SIDNEY GROENE DOD balance: S130,748.31 + $11.47 accrued interest Page I of2 - . / . . (t(())rPlf . - .. . ; i THE ELMER A. GROENE, JR. REVOCABLE AGREEMENT OF TRUST THIS AGREEMENT, made this J.L day of Stl'r&!16el\ , 2004, between ELMER A. GROENE, JR., of Camp HHI, Hampden Township, Cumberland County, Pennsylvania (the "Settlor'), and ELMER A. GROENE, JR. and PNC BANK, N.A. (hereinafter sometimes referred to as both the -Trustee" and "Trustees"). WHEREAS, the Settlor is married to SIDNEY L. GROENE, and all references to his "wife" in this Trust Agreement are to her. WHEREAS, the Settlor and his wife have two children: J. SCOTT GROENE (born 2 June 1957) and DEBORA L. LEVIN (born 8 January 1963). WHEREAS, Settlor desires to establish this Trust for the benefit of Settlor, Settlor's wife and Settlor's children. r WIT N E SSE T H: ARTICLE I Description of Property Transferred. The Settlor has paid over, assigned, granted, conveyed, transferred and delivered, and by this Agreement does hereby payover, assign, grant, convey, transfer and deliver unto the Trustee the property , - described in Schepule f\j.annexed hereto and made a part hereof, and has caused or will cause the Trustee to be designated as beneficiary of those life insurance policies described in Schedule B, annexed hereto and made a part hereof. These insurance policies, and any other insurance policies that may be delivered to the Trustee here- ..1 under or under which the Trustee may be designated as beneficiary, the proceeds of all such policies being payable to the Trustee, and any other property that may be received or which has been received by the Trustee hereunder, as invested and reinvested (hereinafter referred to as the "Trust Estate"), shalf be held IN TRUST, and administered and distributed by the Trustee as hereinafter set forth. Elmer A. Groene, Jr.. Revocable Agreement of Trust Page 1 of 15 . ( . . ARTICLE II Settlor's Riqhts to Amend. Chanae or Revoke the Trust Aareement. The Settlor may, by signed instruments delivered to the Trustee during the Settlor's life: (1) withdraw property from this Trust in any amount and at any time upon giving reason- able notice in writing to the Trustee; (2) add other property to the Trust; (3) change the beneficiaries, their respective shares and the plan of distribution; (4) amend this Trust Agreement in any other respect; (5) revoke this Trust in its entirety or any provision therein; provided, however, the duties or responsibilities of the Trustee shall not be enlarged without the Trustee's consent nor without satisfactory adjustment of the Trustee's compensati.on. ARTICLE III Trust for Life. During Settlor's lifetime, Settlor shall be paid the net income and so much of the principal as Settlor may from time to time request in writing. Alterna- tively, the corporate Trustee may use income and/or principal for the support: mainte- nance and health care of Settlor and Settlor's wife, and to pay any taxes for which the Trustee believes either are liable if such Trustee concludes that conditions warrant such action in any of these cases. ARTICLE IV Distributiori*Upo'l1 Settlor's Death. Upon the death of the Settlor, the Trust Estate (which shall include any property which may be added from the Settlor's general estate) shall be held, administered and distributed under the Bypass Trust as herein- after set forth. A. BVDass Trust. If Settlor's wife shall survive Settlor, which in the absence of contrary proof she shall be deemed to have done so for purposes of this Article, Settk)r directs Settlor's Trustee to retain, IN FURTHER TRUST Elmer A. Groene. Jr., Revocable Agreement ot Trust Page 2 of 15 . . NEVERTHELESS, cash, securities or other property in the amount specified below, to be known as the "Bypass Trust" (1) The amount of the Bypass Trust shall be $1,500,000, subject, however, to paragraphs (2) and (3) below. (2) This amount shall increase or decrease, based upon the availability of Settlor's federal applicable exclusion amount for estate and gift taxes and the maximum allowable federal estate tax credit for state death taxes (but only to the extent that the use of such state death tax credit does not increase the death tax payable to any state), whether due to statutory changes, lifetime gifts in excess of the.federal unified estate and gift tax exemption-equivalent amounts, or any other transfer which affects the availability of Settlor's federal credits aforesaid. (3) This bequest shalf decrease, even to zero, if necessary to reduce to zero that federal estate tax payable as a result of Settlor's death, considering that Settlors intention is to fund the Bypass Trust by using Settlor's available federal applicable exdusion amount for estate and gift taxes and Settlor's federal estate tax credit for state death taxes and to eliminate federal estate tax on the balance of Settlor's federal taxable estate by using the federal estate tax unlimited marital deduction. B. Remainder of Trust Estate. Settlor directs that the remainder of tt)e Trust Estat~, including any amounts added to the Trust Estate from Settlor's estate, be distributed outright to Settlor's wife or as she might otherwise direct. Should Settlor's wife not survive Settlor, Settlor directs that the remainder of the Trust Estate, including any amounts added to the Trust Estate from Settlor's Estate, be distributed and held IN FURTHER TRUST NEVERTHELESS, to be . held, administered and distributed for alf purposes as part of the Bypass Trust. Elmer A. Groene, Jr., Revocable Agreement of Trust Page 3 of 15 " e . ARTICLE V Administration of the Bvpass Trust. The Bypass Trust shall be held, adminis- tered and distributed as follows: (1) The Trustee shall pay to or apply for the benefit of anyone or more of Settlor's wife and children until division into shares pursuant to para- graph (4) below, all of the net income from the Bypass Trust in convenient installments in such shares and proportions as the Trustee in its sole discretion shall determine primarily for the medical care, education, support and mainte- nance of Settlor's wife and children, taking into consideration to the extent the Trustee deems advisable, any other income or resources of Settlor's wife and children known to the Trustee, considering that Settlor's wife is the primary object of Settlor's bounty. (2) Prior to division into shares pursuant to paragraph (4) below, the Trustee may pay to or apply for the benefit of anyone or more of Settlor's wife and children such sums from the principal of the Bypass Trust in such shares and proportions as in its sole discretion shall be necessary or advisable from time to time for the medical care, education, support and maintenance of Settlor's wife and children taking into consideration to the extent the Trustee deems advisable, any other income or resources of Settlor's wife and children known to the Trustee, considering that Settlor's wife is the primary object of Settlor's bounty. Any payment or application of benefits for a beneficiary pUrsuant to this paragraph shall be charged against this Trust as a whole rather than against the ultimate distributive share of such beneficiary to whom or for whose benefit the payment is made. . (3) Settlor's wife shall have a special power to appoint all or any portion of the Bypass Trust during her lifetime by written document, delivered to the Trustee, referring expressly to this Article, or by Will, validly executed and attested referring expressly to this Article, among such other person or persons Elmer A. Groene, Jr., Revocable Agreement ot Trust Page 4 of 15 ~ . . hereinafter named or described, absolutely or in trust, as she may indicate. This special power of appointment is exercisable only in favor of a child of Settlor as described in this Will. Settlor's wife shalf have no power to appoint the principal of this Bypass Trust or income accumulated thereon to herself, her estate, to her creditors, or to the creditors of her estate. The Trustee may rely upon an at- tested Will probated in any state that otherwise meets the requirements of this paragraph. (4) In default of the exercise of such power of appointment by Settlor's wife, or insofar as any part of the Bypass Trust shalf not be effectively appointed, then upon the death of Settlor's wife, or upon Settlor's death if Settlor's wife did not survive Settlor, the entire remaining principal of the Bypass Trust, or the part of such trust not effectively appointed, shalf be divided into two (2) equal separate shares so as to provide one (1) share for each then-living child of Settlor (or pne (1) share for each deceased child of Settlor who shall leave issue then living). The share provided for a living chifd of Settlor shall be distributed outright to such child. The share provided for a deceased child of Settlor who shall leave issue then living shalf be distri~uted per stirpes to such issue. (5) If at the time of Settlor's death, or at any later time prior to final distribution hereunder, Settlor's wife, chifdren, and alf of Settlor's issue are deceased anc;J no other disposition of the property is directed by this Trust Estate, thert and"i,,'that event only, the then-remaining property of this Trust, together with any undistributed income. shalf be paid over and distributed one- half C~) to those persons then Jiving who would then be Settlor's heirs, their identities and respective shares to be determined in accoPdance with the law then in effect in the Commonwealth of Pennsylvania, as if Settlor had then died . intestate, and one-half (%) to the Camp HiIf Presbyterian Church. 23rd and Walnut Streets, Camp HiIf, Pennsylvania, unrestricted as to use. . (6) If any share hereunder becomes distributable to a beneficiary who has not attained the age of thirty (30) years, then such share shalf immediately Elmer A. Groene, Jr., Revocable Agreement of Trust Page 5 of 15 . . vest in such beneficiary, but notwithstanding the provisions herein, the Trustee shall retain possession of such share in trust for such beneficiary until such beneficiary attains the age of thirty (30) years, using so much of the net income and principal of such share as the Trustee deems necessary to provide for the proper medical care, education, support and maintenance in reasonable comfort of such beneficiary, taking into consideration to the extent the Trustee deems advisable any other income or resources of such beneficiary or his or her parents known to the Trustee. Any income not so paid or applied shall be accumulated and added to principal. Such beneficiary's share shall be paid over and distributed to such beneficiary upon attaining the age of thirty (30) years, or, if he or she shall sooner die, to his or her executors or administrators. Settlor recommends that the Trustee consider distributing all income from such share to such further beneficiaries when such beneficiaries attain the age of twenty-one (21) years pnd further that the Trustee distribute one-half (%) of such share to' such beneficiary when such benefiCiary attains the age of twenty-five (25) years. The Trustee shall have with respect to each share so retained all the powers and discretions had with respect to the trusts created herein generally. ARTICLE VI Discretionary Provisions for Trustee to Deal with Settlor's Estate and Make Payment of Debts~ and"Taxes. After the Settlor's death, the Trustee, if in its discretion it deems it advisable, may pay all or any part of the Settlor's funeral expenses, legally enforceable claims against the Settlor or the Settlor's estate, reasonable expenses of administration of the Settlor's estate, any aUowances by court order to those dependent upon the Settlof, any estate, inheritance, succession, death or similar taxes payable by reason of the Settlor's death, together with any interest thereon or other additions' . thereto, without reimbursement from the Settlor's personal representatives, from any beneficiary of insurance upon the Settlor's life, or from any other person. All such Elmer A. Groene, Jr., Revocable Agreement ot Trust Page 6 of 15 . . payments, except of interest, shall be charged generally against the principal of the Trust Estate includable in the Settlor's estate for Federal estate tax purposes and any interest so paid shall be charged generally against the income thereof; provided, however, any such payments of estate, inheritance, succession, death or similar taxes shall be charged against the principal constituting the non-Bypass Trust of this Trust Estate and any interest so paid shall be charged against the income thereof. The Trustee may make such payments directly or may pay over the amounts thereof to the personal representatives of the Settlors estate. Written statements by the personal representatives of such sums due and payable by the Settlor shall be sufficient evidence of their amount and propriety for the protection of the Trustee and the Trustee shall be under no duty to see to the application of any such payments. ARTICLE VII Appointment of Trustees. A. During Settlors lifetime, Settlor may appoint anyone or more successor or additional Trustees, remove anyone or more Trustees and arrange for the compen- sation of all Trustees and the allocation of such compensation between principal and in~ome. All other paragraphs of this Item shall be subject to any contrary exercise of the foregoing powers reserved to the Settlor. Upon the death of Settlor, or upon Settlor's resignation, without the appointment of a successor, Settlor's son, J. SCOTT GROENE, shallb~come Co-Trustee. In the event that Settlors son is unable or unwilling to so serve as Co-Trustee herein, then Settlor names as substitute and successor Co Trustee, Settlors daughter, DEBORA l. LEVIN. B. There shall always be at least'one individual Trust~e acting hereunder. If at any time a vacancy occurs, the then acting Trustees, or, if none, the majority of Settlor's wife and the members of the most senior generation of the issue of a de- ceased child, who are then legally competent and entitled to income hereunder shall fill the vacancy by written appointment. Elmer A. Groene. Jr., Revocable Agreement of Trust Page 7 of 15 " . . C. The individual Trustee at any time acting hereunder may appoint one or more persons to act with them, and each individual Trustee may appoint his or her successor, which shall be considered upon each Trustee's assuming his or her duties. Any successor appointment under paragraph A., above, shall prevail over any succes- sor appointment under this paragraph. Any appointment of a successor Trustee may be revoked and another substituted until the person making it ceases to act hereunder. whereupon his or her current appointment shall take effect. The Trustees appointed under this Item shall assume the office to which appointed without responsibility for any prior act of any predecessor. D. Without the permission of any court, any individual Trustee acting here- under may resign by a writing lodged with the permanent records hereunder, provided that no resignation shall be effective unless, after the resignation, the requirements of paragraph B above are met. E. Withput the permission of any court the corporate Trustee acting here- under may resign by a writing lodged with the permanent records hereunder, effective after thirty days' written notice to each individual Trustee and each adult income beneficiary and a successor corporate Trustee's execution of acceptance of the appointment to act hereunder following the resignation. Such a successor corporate Trustee may be located in or out of the Commonwealth of Pennsylvania, and shall be appointed by the the~ acting Trustees, including the corporate Trustee who wishes to resign, even jf such corporate Trustee is then acting alone. F. Any corporate Trustee acting hereunder shall be compensated as pro vided from time to time in accordance with its published schedule of fees. G. Individual Trustees shall be entitled to compensation in an amount equal to one-half (1/2) of the compensation payable to the corporate Trustee, to be divided, if more than one individual Trustee is acting, as such individuals agree. Compensation payable to an individual Trustee shall be in addition to that payable to the corporate Trustee. Elmer A. Groene, Jr., Revocable Agreement of Trust Page 8 of 15 . . H. All Trustee compensation shall be allocated to income and/or principal as the disinterested Trustee determines to be fair and equitable. /. No Trustee acting under this instrument shall be required to post bond or enter security ir any jurisdiction. J. . No Trustee acting under this instrument shall participate in any discretion ary decision to use principal or income for such Trustee or for any person whom such Trustee is legally obligated to support. ARTICLE VIII Simultaneous Death. If any beneficiary and Settlor should die under such circumstances that would render it doubtful whether the beneficiary or Settlor died first, then it shall be conclusively presumed for the purposes of this Trust that said benefi- ciary predeceased Settlor; provided, however, that if Settlor's wife shall die with Settlor as aforesaid, Sett~r directs that Settlor's wife shall be conclusively presumed to have survived Settlor. ARTICLE IX RiQhts of Settlor and Trustee in Insurance Policies. During the Settlor's lifetime, the Settlor shalf have alf rights under any life insurance policies payable to the Trustee, including the right to change the beneficiary, to receive any dividend or other earnings of such 'policies without accountability therefor to the Trustee or any benefi- ciary hereunder and may assign any policies to any fender, including the Trustee, as security for any loan to the Settlor or any other person; and the Trustee shall have no responsibility With respect to any policies, for the payment of premiums or otherwise, except to hold any policies received by the Trustee in safekeeping and to deliver them upon the Settlor's written request and upon the payment to the Trustee of reasonable compensation for services. The rights of any assignee of any policy shall be superior to the rights of the Trustee. If any policy is surrendered, or, if the beneficiary of any Elmer A. Groene, Jr.. Revocable Agreemer.t d Trust Page 9 of 15 . . policy is changed: this Trust shall be revoked with respect to such policy. However, no revocation of the Trust with respect to any policy, whether pursuant to the provisions of the preceding sentence or otherwise, shall be effective unless the surrender or change in beneficiary of the policy is accepted by the insurance company. Upon the death of the insured under any policy held by or known to, and payable to, the Trustee, or upon the occurrence of some event prior to the death of the Settlor that matures any such policy, the Trustee, in its discretion, either may coffect the net proceeds and hold them as part of the principal of the Trust Estate, or may exercise any optional method of settlement avail:able to it, and the Trustee shall deliver any policies on the Settlor's life held by it and payable to any other beneficiaries as those beneficiaries may direct. Payment to, anu the receipt of, the Trustee shall be a full discharge of the liability of any insurance company, which need not take notice of this Agreement or see to the application of any payment. The Trustee need not engage in litigation to enforce payment of any P91icy without indemnification satisfactory to it for any resulting expenses. ARTICLE X Adopted Persons. For all purposes of this instrument: A. Ary person adopted as a minor shall be deemed a natural child of his or her adopting pa~'ent pr parents. B. Ar~y persoh adopted as an adult shall be deemed a natural child of his or her adopting parent or parents if a parent-child relationship existed between the adopter or adopters and the adoptee during the adoptee's minority. ARTICLE XI . Concernina the Trustees. A. Powers. In addition t.o powers given by law, all Trustees acting here- under, whether or not named herein, shall have the following discretionary powers Elmer A. Groene. Jr., Re'/ocable Agreement of Trust Page 10 of 15 . . applicable to all property held by the Trustee effective without court order and until actual distribution: (1 ) To retain any property received by them. (2) To invest in all forms of property without restriction to investments_ authorized by law. . (3'; To operate any business; to cause or join in any incorporation, partnerst'ip, or other form of association, recapitalization, merger, reorganiza- tion. liquidation or voting trust plan. to deposit invesbnents under agreements and pay assessments; to delegate discretionary authority with respect to any of such actions and generally to exercise all rights of investors. (4 ) To compromise controversies. (5) To buy, exchange, or sell real or personal property publicly or privately, for such prices and on such terms as they deem proper; to lease for any term rer9ardless of the duration of any trust hereunder; and to give options for these purposes without obligation to repudiate them in favor of a higher offer. (6:: To abandon any property which the disinterested fiduciary, in such fiduciary'.; sole discretion, deems to be in the best interests of the trust and its beneficiaries. (7) To borrow money from any source, and to mortgage or pledge security. (8)' '. To t:Js'e principal or income to which any beneficiary is entitled for the beneficiary's exclusive benefit if they de~m the beneficiary incapable of receiving the same by reason of any illness. infirmity or legal incapacity. (9) To exercise any discretionary power to use principal or income for a beneficiary by paying the beneficiary's expenses directly or by making pay- ment to ttle beneficiary, notwithstanding any legal incapacity, or to any other person or, organization they select to disburse the same for the beneficiary's exclusive, benefit. Elmer A Groene. Jr., Revocable Agreerr.ant of Trust Page 11 of 15 . . (10) To hold investments in the name of a nominee. (1:1) To employ and compensate as they deem appropriate, any brokers, advisors, professional persons, and other agents and, in their discre- tion, to delegate revocably investment and management discretion to any such broker, advisor, professional person or agent. (12) To make distributions in cash or in kind or partly in each at fair market values on the date of distribution. (13) In any division of principal into separate trusts or shares, and in any distribution of trusts or shares, to allocate to any trust, share, or beneficiary, property different from the property allocated to another trust, share, or benefi- ciary, as ',the disinterested Trustees, using fair market values on the date of division qr distribution, deems appropriate; provided, however, that this power shall not be exercised in a manner contrary to any specific allocation of property elsewhere jn this instrument or in a manner that renders ineligible all or any part of any gift for any tax deduction. B. Concerning Self-Dealing, etc. No rule of law against self-dealing, divided loyalty, or conflict of interest shall be applied to render any transaction effected by the Trustees void, voidable, or otherwise subject to attack solely for violation of such rule, nor shall the Trustees incur any liability, nor shall any Trustee's commission for acting hereunder be reduc~, solely for violation of such rule. Any transaction which involves self-dealing, divided loyalty, or conflict of interest by the Trustees shall be judged by the rules of law which would apply to the same transaction at arm's length between strangers free of any element of self-dealing, divided loyalty, or conflict of interest. Thus, by way of illustration and not of limitation, the Trustees are authorized, without giving any notice required by statute, to: (1) Employ and compensate any Trustee or any affiliate as broker, agent, or professional advisor for any purpose. (2) Borrow from the commercial department of any corporate Trustee or any affiliate at current interest rates. Elmer A. Groene, Jr., RElvocable Agreement of Trust Page 12 of 15 .. . . (3) Buy, retain, and sell any debt or equity security issued or under written by any corporate Trustee or any affiliate and any debt security secured, supported, and/or otherwise enhanced by a letter of credit issued by any corporate Trustee or any affiliate. . (4) Buy, retain, and sell any security of any investment company or trust registered under the Investment Company Act of 1940 to which any corpo- rate Trustee or any affiliate renders services for compensation. (5) Buy any property from or sell any property to any beneficiary or Trustee acting hereunder or otherwise on arm's length terms. An "affiliate" means any entity which owns, directly or indirectly, an interest in any corporate Trustee, any entity in which any corporate Trustee owns an interest, directly or indirectly, and any entity in common control with any corporate Trustee. f ARTICLE XII Accelerated Termination. If the disinterested Trustees determine that any fund held hereunder is for any reason uneconomical to administer as a separate fund, such Trustees, without further responsibility, may require the Trustees to pay the fund (in whole or in part) to the person or persons then entitled to the income therefrom or to have the income applied for their benefit. Property payable under this Item to a minor may be paid to the minor or to a guardian of the minor's estate or may be distributed to and registered in" tlie name of any person who is acting or agrees to act as Custodian for the minor under the Uniform Transfers to Minors. Act or may be deposited in an interest bearing account or certificate of deposit in the minor's name, and the pass- book, account statement, or certificate delivered to the minor's parent. ARTICLE XIII Governina Law and Situs. The administration, construction and validity of all trusts created by this Agreement shall be governed by Pennsylvania law. The situs of Elmer A. Groene, Jr., Revocable Agreement of Trust Page 13 of 15 . . all trusts hereunder shall be Cumberland County, Pennsylvania. The Trustee may at any time change the situs of any trust hereunder. ARTICLE XIV - - Spendthrift Provision. Except as otherwise provided herein, all payments of principal and income payable, or to become payable, to the beneficiary of any trust created hereunder shall not be subject to anticipation, assignment, pledge, sale or transfer in any manner, nor shall any beneficiary have the power to anticipate or encumber such interest, nor shall such interest, while in the possession of the fiduciary hereunder, be liable for, or subject to, the debts, contracts, obligations, liabilities or . torts of any beneficiary. IN WITNESS WHEREOF, the Settlor and the Trustees have hereunto set ttJeir respective hands and seals and duly executed this Trust on the day and year first written above. ( WITNESS: ~ - --// jL~tl4cP1--' l (SEAL) ELMER A. GROENE,/.JR., Settlor The trusts set forth ~re hereby accepted: ATTEST: ". PNC BANK, N.A., TRUSTEE ~lhro V-p. WITNESS: 1'~#4~ (S EAL) ELMER A. GROEN ,JR., Trustee Elmer A. Groene, Jr., Revocable Agreement of Trust Page 14 of 15 . . . . ACKNOWLEDGMENTS COMMONWEAL TH OF PENNSYLVANIA COUNTY OF CUMBERLAND 55. On this, the /&'Tday of -.C~ ' 2004, before me, the undersigned officer, personally appeared ELMER A. GROENE, JR., Settlor and Trustee, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instru- ment, and acknowledged that he executed the same for the purposes therein con- tained. IN WITNESS WHEREOF, I hereunder set my hand and ; r My Commission Expires: COMMONWEAL TH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this the/~y'of - ~~ ~004, before me, a Notary Public, the undersigned officer, appeared ~;./ ~/ ~ ~A / . I who acknowledged himself/herself to be the (Senior) Vice Presid~t t Trust Officer of PNC BANK, N.A., and that he/she as such (Senior) Vice Preside'riB: Trust Officer, being authorized to do so, executed the foregoing document for the purposes therein contained by signing his/her name as',such. : S5. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Elmer A. Groene, Jr., Revocable Agreement of Trust Page 15 of 15 My Commission Expires: FLORENCE R CLIFFORD CITIGROUP GLOBAL MARKETS, INC. PO BOX 12057 2ND FL HARRISBURG. PA 17108 02547 ELMER GROENE 438 LAMP POST LN tAMP HILL PA 17011-1457 I i 06256 Annuity Client Service Center 1-800-862-6668 Monday through Thursday 8:00 a.m. to 7:00 p.m. and Friday 9:15 a.m. to 6:0.0 p.m., Eastern time Transaction Detail PAGE 1 OF 1 Trade Date Sub-Account Name Transaction Description Dollar Amount Unit Value Units Transacted 12/31/05 FIXED ACC 12/31/05 FIXED ACC INT. RATE CHANGE INT. RATE CHANGE $61. 31 $61. 31 @ 4.00% As Of: 01/03/06 Value By Sub-Account Sub-Account Name Total Units x Unit Value = Current Value CAP APPREC INTERN'L OPPS FIXED ACC ( 7563.076 20913.759 11.822967 2.156519 $89,418.00 $45,100.92 $61. 33 * FIXED ACC VALUES ~~OWN AS DOLLARS Payment By Mail' ., ..........;~.~~~~~~~~...................p;~~~.~~......._.Ai~.ti~~..~f.Pi"e.ase..us.e..ihis.siu6.to.nl"ai"(e.addltiona.i.pay.ments........... .............................................................."'- Name Allocation this Payment Total Contract Value $134,580.25 Contract Number: CAP APPREC INTERN'L OPPS FIXED ACC 100.00% ELMER GROENE 438 LAMP POST LN CAMP HILL PA 17011-1457 910913095 . Purchase Amount $ Please make your checks payable to: Hartford Life Total 100% 100% D Invest this payment as shown Under "Present Allocation" in the chart to the left. D Invest only this payment as I have indicated in the chart to the left. Please retain my .Present Allocation" instructions as shown. g D Invest this payment as I have indicated to the left and invest any future. payments in accordance with this new allocation. D Changing Address? Check box, note new address on reverse, and return to us in the enclosed envelope THE HARTFORD ! ()t::11 c AmerUs Annuity Group Co. 555 South Kansas Ave Topeka. KS 66603 1-8()()-ANNUITY . . RECEIVED PNCADVISORS APR 1 1 lU06 April7,2006 AMERUS Annuity Group PNC Advisors Linda Lundberg- Po Box 308 Camp Hill PA 17001-0308 RE: Policy #169003 American Investors Life Annuitant: Elmer Groene Dear Ms. Lundberg: Thank you for your recent request for information regarding the annuity referenced above. r The date of death value as of January 1, 2006 is $74,335.24. Due to the fact that the policy is being paid out the address of record will not be changed as requested since the file will be closed and no further correspondence will be forthcoming. Should you have any questions or need additional information, please contact our office at 1-888-ANNUITY (1-888-266-8489). Sincerely, (),.I '?:II( cJIY.!- 'f. Amy Bledsoe Claims Specialist AMERICAN INVESTORS LIFE .. AMERvs,,-, AMERUS Life 1-888-252-5530 (CUSmMER SERVICE) 1-888-ANNUITY (CUSmMER SERVICE) ING.-aJ ING USA Annuity and Life Insuran.pany P.O. Box 9271 Des Moines, fA 50306-9271 1-800-366-0066 ,. ""'.,,,.u"^ '.u...uv.. ,vc.UU.:J'-" Page 1 of Confirmation Notice . GoldenSelect OVA Plus (Deferred Variable Annuity) December 20, 2005 1111111.. .111. .....11...11...11.1. .1.1.1.1...11111.1111. 111.11 .....-AUTO.. MIXED MDC 500 0?0ooooo70??oo1697 ELMER A. GROENE 438 LAMP POST LN CAMP HILL. PA 17011 Your Financial Adviser Phone: (717) 652-2070 Contract Number: . Contract Date: AnnuItant Name: Qualified Type: 1026037-00 March 23, 1998 ELMER A. GROENE Traditional IRA ERIC DELONGE PETTIS ING FINANCIAL PARTNERS. INC CAREER 2090 L1NGlESTOWN RD STE 201 HARRISBURG. PA 17110-9428 1Jr;m4~ ~ _ ~~ eM L"n ,e-rJ- /k.r, e - ........g..~!~!!~~.':J~~~.~.~~!.~.f~?[.~~!~~~!:~.s~.~!'.8.~: ..~;~!.!!~!.~~!!!.!!!~.~~.~~~fi!~.~.~!.r.~I!!1.~~!.~!!.~~~~.~~::~.~:I)~!l.l:l.~:..~.~~..~.~~.~~.~!~t~~.4~!:'.i!!:-...m..... ...... .............. ............. .............. ...... .._.... ...... Transactionlsl Effective December 20.2005 TransactIon IRA Withdrawal Division ING Limited Maturity Bond (S) ING MFS Total Return (S) ING PIMCO High Yield Portfolio (S) Amount Allocated From $566.45 '. $324.10 $297.38 Amount Allocated To Value Effective December 20. 2005 Division ING limited Maturity Bond (S) ING MFS Total Return (S) ING PIMCO High Yield Porlfolio (S) # of Units 573.62110 274.26993 568.66859 Value of Unit 20.97290372 25.09717324 11.10622276 Value $12,030.50 $6,883.40 $6,315.76 $25,229.66 TOTAL VALUE: . '. ". ;;"j:jl~"_'f1"\~i#1' ':"J ,. f'~' ;<~;o: HJ' 'j",,;;, 'iln~J;,!o:i;l'!':; ';A~'d11 ,:'.\li~ ~: ~ lh, ; 'fI""~/'ii:""j\", '%16' iY :>. "t;3%'<',/Lt /WG ,,' ;'" ""'~ A-' Yc^' ,",,,. . ,,,,,ffi ,ff"", ", """>,,,,' . ."M.%' I. f (~*(I ';11\' ,', r fW .'i't;'!"''',,: "*"'1\' t~ '. . !'J1'Q r~ '~!'"iW''''''''ii ;J^"'~t!>~ 0 illi;" Wi/i, ;11)' 'f: 1 .j~~' - , 140 ~ ~ . -. ,d, " ' ~.~..lJ.j';J! 'J 'g\'i F I ,~~ :..t> :, ~ (., " '?'~2''WF .", 'f' . . {' >+'1'/ 'Mrm:i1tYi$ ~% ' ~.. ,1" ,!Jttt5~!itr~" t ;;;", 11 ~~~l , . .:~ili:; k "~ffi'u~I",,l,'~ "~~J~;>J;': t$f&1 ~ ~ Contract Number: 1026037-00 IV).!,;I ,1,'\-1,'1 .",,-"'\c"""'" , I ,., I '. . ,~ OppenheimerFunds' ~ The Right Way to Invest n <; ~ J. t'\~ - /', ,'mAry hO Co n I- j h y0Yl + RPSS TR IRA FBD ELMER A GROENE 438 LAMP POST LN CAMP HIli PA 17011-1457 014780 '".11'11.11,." 11I11'1111'1111,1"1,1.1.',, .1,,11,11111111.11 :;0.- Total Portfolio Value Market Value on December 31, 2085 Market Value on September 30, 2005 Change since last statement $789,238.14 $816,680.76 -$27,442.62 . Annual Statement Statement Period: January 01, 2005 . December 31, 200S Page 1 ot 3 Your FInancIal Advisor. ERIC PETTIS ING FINANCIAL PARTNERS INC 2090 L1NGLESTOWN RD STE 201 HARRISBURG, PA 17110-9428 (717) 652-2070 o Visit us anln, at www.oppenhelmerfunds.com ... ro 24-hour automat,d servlc,: 1-800-CALL-OPP (225-5677) R,pr,sentatlv,s available Mon. . Fri. 8 am . 9 pm fT and Sat. fO am - 4 pm ET (Jan. . Apr.) Year-to-Date Portfolio Summary Portfolio Type Retirement Total &farleet V.lue CNI January 1. 20115 $799.299.42 $799,299.42 Withdrawals - $36,314.06 - $36,314.06 Additions + $0.00 + $0.00 Chan,e/n Value/Eam/n,s. + $26,252.78 + $26, 252 . 78 Mal1cet V.lue on December 31, 2005 = $789.238.14 = $789,238.14 · Does not include year-to-date dividends and/or capital gains paid in cash (not reinvested) totaling: $27.73 ( Year-to-Date Summary of Accounts Percenta,e AArlcetV.'ueCNI M.rleetValueon otTot.1 January 1,2005 December 3.. 2005 Portfolio Fund ~te,ory Account Number Oppenhe/merFund Hule & Class Retirement 190 1900761156 285 2850250899 700 7007058744 855 8550566115 Champion Income Fund A Core Bond Fund A Maln Street Fund A Umited- Term Government Fund A $284,757.77 $274.120.29 $210.326.13 $30,095.23 -'. $292,320.85 $274,522.07 $222,395.22 $0.00 37% Taxable Bond 35% Taxable Bond 28% Core < 1% Taxable Bond ,... . :-', 100% ~ ~ OppenhelmerFunds News Annual IRA contributions for tax-year 2005 can be made until April 15th of 2006. The maximum individual contribution across all of your IRAs is $4000 or $4500 if you are age 50 or older. Talk to your financial advisor or call l.BOO.CAlLOPP for additional information or assistance. ' III. .1 11m 11111 II~ 1111 / 1', I " ~ ,~ OppenheimerFunds' ~ The Right Way to Invest . Annual Statement Statement Period: January 01, 2005 - December 31, 2005 Plge 2 of 3 OppenheimerFunds Account Detail - Retirement Oppenheimer Champion Income Fund Class A Account Numb" 190 1900761156 Account R,glstratlon RPSS TR IRA FBO ELMER A GROENE Tax 10 Numb" 159-24-8784 Fund Symbol OPCHX Fund Cat,gory . Taxable Bon d Year-ta-Date Transaction Detail TrwnsactlCHI DoIte Tnlnsacf'CHI Description Dividend Reinvested Dividend Reinvested DiVidend Reinvested Dividend Reinvested Dividend Reinvested Dividend Reinvested Dividend Reinvested Dividend Reinvested Dividend Reinvested Dividend Reinvested Dividend Reinvested Dividend Reinvested . Value on December 31, 2005 Mtrk,t Valu, $292,320.85 SItIm Own,d 31,331.281 san Pric, $9.33 Year- To-Date Summary $19,203.99 fIrtdInds DoIIw Share Humber Endln" A~ ~ of Sh.tres Share s"anee - $1.496.45 $9.66 +154.912 29,450.979 $1,357.31 $9.75 +139.211 29,590.190 $1,641.21 $9.44 +173.857 29,764.047 $1,596.49 $9.28 +172.036 29,936.083 $1,684.18 $9.38 +179.550 30,115.633 $1,588.77 $9.46 +167.946 30,283.579 $1,599.~ $9.54 +167.655 30,451.234 $1,606.19 $9.52 +168.717 30,619.951 $1,717.81 $9.40 +182.746 30,802.697 $1,554.41 $9.27 +167.682 30,970.379 $1,699.00 $9.30 +182.688 31,153.067 $1,662.74 $9.33 +178.214 31,331.281 01/31/05 02128/05 03/31/05 04/29/05 05/31/05 06/30/05 07/29/05 08/31/05 09/30/05 10/31/05 11/30/05 12/29/05 The Fair Market Value of your IRA can be found under 'Market Value'. If you have multiple accounts, the 'Market Value' section can be found under 'OppenheimerFunds Account Detail'. The Trustee of your IRA is Oppenheimer Trust Company, C/O ~heimerFunds Services. P.O. Box 5270, Denver, CO 80217-5270. We are required to furnish this information to the IRS. ( Oppenheimer Core Bond Fund Class A Value on December 31, 2005 ,**,t Vatu, $274,522.07 Account Number 285 2850250899 SItIru OWn,d 26,808.796 Account R,gistratlon RPSS TR IRA FBO ELMER A GROENE SAar, Price $10.24 Tax 10 Numblf 159-24-8784 Fund Symbol OPIGX Year- To-Date Summary Fund Catlgory Taxable Bond IJfidInds $11,786.46 Year-ta-Date Transaction Detail TlMsacf'CHI DoIW Share Humber EnQlng Oate TIMNctlCHI Description Amomt Price of Sh.tres Sh.tre s."nce ~ 01/31/05 DIvIdend Reinvested $883.14 $10.48 +84.269 26,341.002 ei 02128/05 DIvIdend Reinvested '. $829.50 $10.41 +79.683 26,420.685 ill 03/31/05 Dividend Reinvested $955.09 $10.30 +92.727 26,513.412 04/29/05 Dividend ReInvested $992.82 $10.38 +95.647 26,609.059 05/31/05 Dividend Reinvested $935.56 $10.45 +89.527 26,698.586 06/30/05 Dividend Reinvested $986.41 $10.45 +94.393 26,792.979 07/29/05 Dividend Reinvested $878.65 $10.38 +84.648 26,877 .627 08/31/05 Dividend Reinvested $998.79 $10.43 +95.761 26,973.388 09/30/05 Dividend Reinvested $998.49 $10.31 +96.847 27,070.235 10/31/05 DIvidend Reinvested $874.27 $10.20 +85.713 . 27,155.948 11/30/05 Dividend Reinvested $997.34 $10. 19 +97.874 27,253.822 11/30/05 RedemptiOn (Reportable) $5,982.69 $10.19 -587.114 26,666.708 12/29/05 Dividend Reinvested $1,456.40 $10.25 +142.088 26,808.796 I mlm IIIII 11111111111 r,.. .., . . / · ~ OppenheimerFunds. ~ The Right Way to Invest . Annual Statement Statement Period: January 01, 2005 - December 31, 2005 Page 3 o( 3 OppenheimerFunds Account Detail - Retirement (continued) Oppenheimer Main Street Fund Class A Account Numblr 700 7007058744 Account R'gistratlon RPSS TR IRA FBO ELMER A GROENE Tax 10 Number 159-24-8784 Fund Symbol MSIGX Fund Category . Cor-e. Value on December 31, 2005 Mark,t Value Shares OWned Shar, Price Year-To-Date Summary Dividends Vear-to-DateTransacllon Detail TlUsactlon Date 12/01/05 Dollar SIMre Amount PrIce $2,190.51 $37.59 Number of Shares +58.274 Tmrsactlon Description Dividend Reinvested at .369310 per Share $222,395.22 5;989.637 $37.13 $2,190.51 EIIettn. Share &Ilance 5,989.637 Oppenheimer Limited-Term Government Fund Class A AcCtJl/nt Numblr 855 8550566115 Account Registration RPSS TR IRA FBO ELMER A GROENE Tax 10 Number 159-24-8784 Fund Symbol OPGVX Fund Category Taxable Bond Value on December 31, 2005 Marlcet Vllue Shar, Price Year- To-Date Summary OivIdfnds Year-la-Date Transaction Detail Transactlon Dollar Share Number Date TIUSllCUon Description Amount PrIce of Shares 01/31/05 Dividend Reinvested ( $65.81 $10.13 +6.497 . 02128/05 Dividend Reinvested $70.91 $10.09 +7.028 03/31/05 Dividend Reinvested $83.55 $10.05 +8.313 04/29/05 Dividend Reinvested $85.41 $10.08 +8.473 05/31/05 Dividend Reinvested $78.71 $10.09 +7.801 06/30/05 Dividend Reinvested $81. 34 $10.08 +8.069 07/29/05 Dividend Reinvested $83.33 $10.04 +8.300 08/26/05 2005 Annual Fee $10.00 $10.03 -0.997 08/31/05 Dividend Reinvested $86.30 $10.06 +8.579 09/30/05 Dividend Reinvested $89.17 $10.00 +8.917 10/31/05 Dividend Reinvested $82.62 $9.97 +8.287 11/10/05 Redemption (Reportable) $30,349.10 $9.96 -3.044.314 11/10/05 Dividend $27.73 $0.00 $9.97 $834.88 ElldlRfI Sh.18 &I1anc:e 2,971.544 2,978.572 2,986.885 2.995.358 3,003.159 3,011.228 3,019.528 3,018.531 3,027.110 3.036.027 3.044.314 0.000 ...,MPORTANT... Please retain this 2005 Mnual accoont statement tor your records. You will generally not receive a Form 1099-DIV if you have a retirement account. or if your account earned less.tha.n $10.00 in. dividends in 2005. . ". 1111111111111111111 = ... ~ ';1 ~ . - , ; . . IRREVOCABLE AGREEMENT OF TRUST OF ELMER A. GROENE. JR. NOW, on January ~5 , 1992, ELMER A. GROENE, JR., of Hampden Township, Cumberland County, Pennsylvania, as Settlor, by this Agreement and desiring to establish a Trust, hereby assigns to WILLIAM E. MILLER, JR. of Upper Allen Township, Cumberland County, Pennsylvania, as Trustee, hereinafter referred to in the singular and neuter gender, the property described in Schedule A to be held, together with such additional property as may be transferred or bequeathed hereto by Settlor or any other person, upon the following terms of trust: FIRST: DISPOSITIVE PROVISIONS A. During the lifetime of Settlor and/or Settlor's wife: 1. Each of Settlor's children during the lifetime of Settlor and/or Settlor's wife (as the case may be) shall have the absolute right (anything to the contrary appearing in Item THIRD hereof notwithstanding), exercisable in his or her sole discre- tion, to withdraw 4~rin9 each calendar year in which an addition . ~ ~ or additions are made to this Trust, an amount computed by dividing the aggregate amount of the additions made in such year by the number of Settlor's children who are living upon the date - of the most recent such addition or additions. Anything herein- before to the contrary notwithstanding, each such person's withdrawals for any calendar year shall not exceed an aggregate --- .. 03/10/2006 17:07 71 7737921. MILLERASSOCIATES ~ PAGE 133/17 of Ten Thousand Dollars ($lO,OOO), and such rights of withdrawal shall be non-cumulative from year to year. 2. Trustee shall notify each beneficiary of ~ny transfer or other contribution to the Trust as soon as is practi- cal after the contribution or transfer has been made but not later than December 31 of the year in which the contribution or transfer has been made. 3. All withdrawals shall be made by written demand signed by the withdrawing person and delivered to the Trustee not more than thirty (30) days after the date of Trustee's notifica- tion to beneficiaries of any transfer or other contribution to the Trust. Withdrawals shall be paid by the Trustee not more than sixty (60) days after the date of such written demand. For purposes of this special right of 'withdrawal, assets originally transferred to this Trust shall be deemed to be an addition in the year in which the transfer occurs. 4. Such rights of withdrawal shall constitute a first charge against the principal of this Trust and during the contin- uance of this Trust shall take precedence over all other distri- butions and all other beneficial interests hereunder. 5. In creating this power of withdrawal,. it is the intention of Settlor to create an annual non-cumulative power of invasion which will qualify any transfer of property hereto as a transfer of a present interest under Section 2503(b) of the Internal Revenue Code of 1986, as amended, and which will not be -2- 'W~, . ., . . treated as a release of such a power as that term is defined in Section 2514(e) of said Code. 6. Subject to the ri9hts of withdrawal herein~efore set forth, -as much of the principal as the Trustee, in its sole and absolute discretion, shall determine, may be used to pay premiums on life insurance policies owned by this Trust, but the Trustee shall not be obligated at any time to pay any such premiums. Trustee shall not use trust income to pay premiums on any policies of insurance on the life of the Settlor or of his wife. 7. The Trustee shall pay to or apply for the benefit of anyone or more of Settlor's children as the Trustee, in its ( sole and a~solute discretion, shall select, in such proportions and at such times as the Trustee determines, without being required to maintain equality among beneficiaries, as much of the net income and, if income shall be insufficient therefor, as much ot the principal, as the Trustee, in its sole discretion both as to income and principal, shall deem necessary for such beneficiarie~i maintenance, support and education (including secondary, vocational, baccalaureate, professional and graduate studies); provided, however, that before making any such payments of principal to any child of Settlor, the Trustee may take into account other property and income available to such person, and in so doing the decision of the Trustee as to the amount of principal so used and the extent to which other resources are considered shall be conclusive as to all parties in interest. -3- . . . ~~~ ~~'~I Any income not expended may be accumulated and added to princi- pal. B. Upon the death of the survivor of Settlor and his wife: 1. Trustee shall divide the then remaining principal, together with any accumulated or undistributed income, into as many equal and separate shares as there shall be children of Settlor then living and then dead and thereafter: a. Trustee shall hold one such share in Trust for each child of Settlor then living, and during the lifetime of each child: (1) All of the net income 'shall be paid to or for the benefit of such child in quarterly or other convenient installments;'and (2) As much of the principal of each child's share as the Trustee, in its sole and absolute discretion, may from time to time deem proper for such child's maintenance, support and education (including secondary, vocational, baccalau- reate, professi~nal and graduate stUdies) shall be paid to such >., child or appiied directly tor his or her benefit; and (3) Each child shall have the right to withdraw from the Trust held for his or her benefit in the following manner: (a) Any accumulated or undistributed income, upon attaining the age of twenty-one (21) years, including income accrued or accumulated at any time thereafter: -4- . . . . .-- --.. r (b) One-half (1/2) of the then remain- ing principal, upon attaining the age of twenty-five (25) years: and (c) The entire balance remaining upon attaining the age of thirty (30) years. Such rights of withdrawal shall be cumulative and may be exercised in whole or in part and from time to time after the right accrues but only in the chronological order in which they are herein set forth. 2. In the event a child of Settlor dies before the time for setting apart separate shares, or in the event a chi~d of Settlor for whom a Trust has been set apart dies thereafter ( but before the entire principal of his or her Trust has been withdrawn, such equal share or the then remaining principal, together with any accumulated or undistributed income, of such Trust (as the case may be) shall be distributed as follows: a. To the beneficiary or beneficiaries (includ- ing such child'~ estate, such child's creditors or the creditors of such child(s estate), in the amounts or proportions, whether absolute or in trust, as such child may direct by his or her Last Will, provided such Last Will contains a specific reference to this general power of appointment; or b. In default of such appointment, or to the extent it is not effectively exercised, then to such child's estate. -5- ~~/~~/,~~O !(;~( (!((~(~,!~ . M!~~~~~~U~~Hr~ ~~~~ ~(I!( SECOND: EARLY TERMINATION OF TRUSTS A. Notwithstanding any other provisions hereof, Trustee may, in its sole discretion, terminate any or all of the trusts created herein. Upon such termination, Trustee shall pay the principal and any accumulated or undistributed income of any such trust share to the person or persons entitled to receive the income therefrom in the proportions to which they were then entitled to receive the income. If no such fixed proportions then exist among beneficiaries, payment shall be made in equal shares, per capita, among the persons to whom the income may then be paid, and upon such termination the rights of all other persons who might otherwise have interests as succeeding life r tenants or remaindermen shall cease. B. Any and all trusts created herein shall terminate in any event, and every final distribution or payment of the princi- p~l of the trust estates shall be made, not later than twenty-one (21) years after the death of the survivor of the beneficiaries named or provided ~~r herein who are living at the date hereof, . ... ~ . . in the event that these trusts shall have not terminated previ- ously in accordance with the terms hereof. In the event of the termination of these trusts as provided for in this paragraph, the Trustee shall pay over and deliver the principal, together with any accumulated or undistributed income, free and discharged of any trust, to the person or persons then entitled to receive the income thereof in t~e proportions to which they were then entitled to receive the income. -6- . . . ..-- --... THIRD: MINORITY AND DISABILITY PROVISIONS Unless otherwise provided for herein, any income or princi- pal payable to any beneficiary who may be then a minor (for all purposes.o~.this Trust, a minor shall be deemed to be a person who has not attained the age of twenty-one (21) years) or, who may then be, in the opinion of the Trustee, mentally or physical- ly disabled, shall be held in a separate trust by Trustee during such minority or disability unless the trust share is sooner principal may be accumulated or expended for the maintenance, support and education (including secondary, vocational, baccalau- reate, professional and graduate studies) of such beneficiary, as Trustee, in its sole discretion, may determine. The Trustee, in the expenditu~e of income and/or principal for such purposes, may, in its discretion, apply the same directly without interven- tion of a guardian, or pay the same to any person having care or control of said beneficiary, or with whom the beneficiary re- sides, without the duty on the part of the Trustee to see to or inquire into th~ application of the funds by any person to whom any payment is so "made. The balance of such income and/or principal shall be paid to said beneficiary when the disability - or minority ceases, or to said beneficiary's estate in the event of death_prior thereto. FOURTH: PROTECTIVE PROVISION . All principal and income Shall, until actual distribution to a beneficiary, be free of the debts, contracts, alienations, torts and anticipations of any beneficiary, and the same shall -7- . . not be liable to any levy, attachment, execution or sequestration while in the possession of Trustee. FIFTH: INSURANCE POLICIES A. . ~he Trustee shall not be under any obligation to pay premiums on insurance policies held hereunder and shall have no responsibility to see that such policies are kept in force, or to review the financial status of such insurance companies. B. No life insurance company shall be responsible to see to the execution or performance of this Trust or to the applica- tion of insurance proceeds paid to this Trust. C. Trustee may, without incurring liability, compromis~ and settle any questions relating to any insurance policy upon r such terms as it deems wise. Trustee need not institute litiga- tion to collect the proceeds of any policy unless it is reason- ably indemnified for costs, counsel fees and other expenses of such litigation. SIXTH: POWERS OF TRUSTEE In additiqn to the powers hereinbefore provided and those given by law., "the ".Trustee, and any additional or successor Trustee, without any order of court and in its sole discretion, may: A. - Hold and retain the property now or hereafter compris- ing a part of this trust, for such length of time as in its sole discretion it may deem wise, or sell any part thereof, without liability of any kind by reason of such retention or sale and invest and reinvest, alter, vary and change investments from time -8- " . . ,. or credit, without liability on the part of the purchaser to see to the application of the purchase money; provided, however, that no sale hereunder shall be made at a price less than that which the Trustee acting in good faith shall consider to represent adequate and full consideration: J. Borrow money from any source, including any Trustee, mortgage or pledge any property and purchase a~sets from Set- tlor's estate and/or from the estate of Settlor's wife at fair market value and loan money to any person or entity or to either said estate: provided, however, that appropriate interest and collateral shall be required for such loans; K. After the death of Settlor or of Settlorts wife, to ( merge any trust created hereunder with any other trust or trusts created by Settlor or by Settlor's wife under will or trust, if the terms of such trusts are then substantially similar and held for the primary benefit of the same person; L. Compromise claims; M. Regis~er securities in the name of a nominee in such manner that title 'shall pass by delivery; N. Employ attorneys, investment counsel, accountants and agents in connection with the discharge of its duties, and determine and pay to them reasonable compensation; O. Pool the assets of all trusts created hereunder or any of them for investment purposes, allocating to each trust an undivided interest in all of the assets so held; -10- ; I ...,___ ."".. f -" -. . . to time, in such manner and in such property, real, personal or otherwise, including any common or diversified trust funds for leases; c. Make distribution hereunder either in cash or in kind . or partly in each, and cause any share to be composed of property d~fferent in kind trom any other shares, without regard to the r basis of such property; D. Purchase investments at a premium; E. Vote in person, or by proxy, all stocks or other securities held; F. Exercise any rights or warrants to subscribe for stocks or bonds or other allotments received by reason of securities held, or sell them" for such prices as it may deem best; G. Deposit, surrender or exchange stocks or pay any assessments in connection with any reorganization or merger or similar ~roceedinqs as it may deem best: H. Exercise any option, right or privilege granted in any insurance policy; I. Sell any real or personal property at public or private sale to any person or entity, or qive options therefor tor cash -9- " . . . --- - -" .... . . " P. Add to the principal ot any trust created hereunder any property received from any person by Deed, Will or in any other manner: Q. In the exercise of its discretion with respect to the use of principal for any beneficiary, Trustee may take into account other property and income available to such beneficiary: in so doing, Trustee may conclusively rely on written represen- tations made to it by such beneficiary, and the judqment of the Trustee as to the amount of principal so used and the extent to which other resources are considered shall be conclusive as to all parties in interest: R. Anything herein to the contrary notwithstanding, no r individual Trustee hereunder shall make or participate in any decision of the Trustee required for the discretionary termina- tion of any trust hereunder or to authorize the discretionary payment of income or principal in cases where such terminated trust or such principal or income (as the case may be) would be distributable ~o or for the benefit of himself, herself, or . '. anyone such Trustee is legally obligated to support; s. Exercise all power, authority and discretion given by this Trust after termination of any trust created herein until the same is fully distributed: T. Accept property or not, in the Trustee's sole discre- tion, by bequest or lifetime transfer from any person, estate or trust, subject to the payment of, or liability for, state and/or federal gift, estate, transfer, succession, inheritance or other -11- . '-'wI' ._.. ..___ . ...-- --'oAt. . death taxes, including any interest or penalties thereon, and sign any required consent or acknowledgement of liability for such taxes and/or lien against such property; U. . Anything hereinbefore to the contrary notwithstanding, Trustee shall not exercise any power, authority or discretion if the exercise of such power, authority or discretion would cause the assets of this trust to be included in the "gross estate" of Settlor, or of Settlor's wife, as such term is defined in the Internal Revenue Code of 1986, as amended. SEVENTH: APPOINTMENT OF ADDITIONAL AND SUCCESSOR TRUSTEES A. During the term of all trusts herein, WILLIAM E. MILLER, JR., may at any time and from time to time resign; provided, however, that he shall immediately thereafter designate some other attorney(s) and/or a qualified bank or trust company as successor Trustee. Should he be unable or unwilling to act in this capacity, the law firm with which he is associated, or with which he was last associated, may designate an attorney to act in such capacity. . " B. Any Trustee acting hereunder may resign at any time without court approval, to become effective upon delivery of a written.instrument signed by the resigning Trustee, and when such is filed-with the clerk of the court having jurisdiction of this Trust, with no requirement of approval by such court. EIGHTH: WAIVER OF BOND Settlor directs that the Trustee and any alternates or successors thereto shall not be required to file a bond to secure -12- 'J..H ....'-1' ~'.."...~ . . the faithful performance of the duties of their office in any jurisdiction. NINTH: IRREVOCABILITY This Trust shall be irrevocable, and Settlor hereby express- ly waives all rights and powers to alter, amend, revoke or terminate the Trust or any of its terms in whole or in part. Settlor hereby renounces any interest, either vested or contin- gent, including any reversionar.y interest or possibility ot reverter, in the income or principal of this Trust. TENTH: GOVERNING LAW/SITUS This Trust is created under, governed by, "and is to be construed and administered according to the laws of the Common- f wealth of Pennsylvania. The situs of this Trust shall be Cumberland County, Pennsylvania. ELEVENTH: DEFINITIONS A. Wherever the words "child," "children" or "issue" are used in this instrument, they shall include those both naturally born and legal~y adopted, provided that the order or decree of adoption is entered before any such adopted person attains the age of twenty-one (21) years. B. Throughout this Agreement, nouns, pronouns and verbs shall be construed as mascul ine, feminine, neuter, si.ngular or plural, whichever shall be applicable. TWELFTH: COMPENSATION OF TRUSTEE Any Trustee acting hereunder shall be entitled to reasonable compensation. -13- .t --~ ......, ---- . ...-.-- .. WI ... f ." . . IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ~... r- ~/ \ . ~'__~<t. ~ . WITNESS '-. _./ Trustee hereby accepts: f?({~_ WITNESS r . " -14- . . COMMONWEALTH OF PENNSYLVANIA 55. COUNTY OF CUMBERLAND On the . ~ 6'1'h .."\.. .. day of January, 1992, before me, the sUb- scriber, a notary public in and for the Commonwealth of Pennsyl- vania, personally appeared the above-named WILLIAM E- MILLER, JR. and in due form of law acknowledged that he executed the foreqo- ing document for the purposes expressed therein. WITNESS my hand and notarial seal the day and year afore- said. rJOTAp.!.\L SEAL MAp.JOr'~I.E l. JOHNSON. I~Mary Public M Mp.ehcn'C.!ibVr'1. Cvmt:;(~r'c.I;d Ccunr-/ CommIS::,/I'n f.~c'ms JMlJll 30, 1995 tvV.\A~C \It ,~ Notary Public \ I I \ ..... \ ! "-, '\ vk' i- .: ............. t . COMMONWEALTH OF PENNSYLVANIA SSe COUNTY OF CUMBERLAND . .' ,~, .::-11-\ On the C(.) day of January, 1992, before me, the sub- scriber, a np1;ary... public in and for the Commonwealth of Pennsyl":" vania, personally appeared the above-named ELMER A. GROENE, JR.. and in due form of law acknowledged the foregoing Agreement of Trust to be his voluntary act and deed for the purposes expressed therein. WITNESS my hand and notarial seal the day and year afore- said. MAFlJ NOTAR'^L SEAL M ~roe L JOHNSON. Notary Public M ;c ',"'Cl'lburg. CumbCrlarod County v t)f'/lml~.~il'>" Fwolr~s ..lNlUfllrv 30, 19'}(S J~.'~C\;' t)~\~( ~ ,-)C; h. Y\,.J.(jy\.) Notary Public . -15- ~ . - . . SCHEDULE A IRREVOCABLE AGREEMENT OF TRUST OF ELMER A. GROENE, JR. INTERNAL REVENUE SERVICE TAXPAYER IDENTIFICATION NO. 25-6383462 I. One_D~llar ($1) II. Survivorship Ordinary Life Insurance Policy Issued by: New England Mutual Life Insurance Company Policy NUmber: 8677949 Face Amount: Five Hundred Thousand Dollars ($500,000) Owner: William E. Miller, Jr., Trustee under Irrevocable Agreement of Trust of Elmer A. Groene, Jr., dated January 25, 1992 Named Insured: Elmer A. Groene, Jr. and Sidney L. Groene, Husband and Wife ( ~ -16- .