HomeMy WebLinkAbout12-06-06
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REV-1500
INHERITANCE TAX RETURN
RESIDENT DECEDENT
,_f
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
DEPT. 280601
HARRISBURG. PA 17128-0601
CH'ICIA.l. USE CHl.Y
FILE NUMBER
21
COUNTY CODE
06
YEAR
IOU
NUMBER
I DECEDENTS NAME (LAST, FIRST. AND MIDDLE INITIAL)
I Olewiler, Jane B
I DATE OF DEATH (MM-DD-YEAR) DATE OF BIRTH (MM-DD-YEAR)
J 03/11/2006 08/07/1925
I (IF APPLICABLE) SURVIVING SPOUSE'S NAME ( LAST, FIRST AND MIDDLE INITIAL)
Olewiler, Dean B.
I jgI 1. Original Return 0 2. Supplemental Return
I 0 4. Limited Estate 0 4a. Future Interest Compromise (date of death after
12-12-82)
, 0 6. Decedent Died Testate (Attach copy jgI 7. Decedent Maintained a Living Trust (Attach
I of Will) copy of Trust)
! 0 9. Litigation Proceeds Received 0 10. Spousal Poverty Credit (date of death between
12-31-91 and 1-1-9
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IRM NAME (If applicable)
Law Offices of Susan E. Lederer
ELEPHONE NUMBER
717/652-7323
1. Real Estate (Schedule A)
2. Stocks and Bonds (Schedule B)
3. Closely Held Corporation, Partnership or Sole-Proprietorship
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4. Mortgages & Notes Receivable (Schedule D)
5. Cash, Bank Deposits & Miscellaneous Personal Property
(Schedule E)
6. Jointly Owned Property (Schedule F)
o Separate Billing Requested
7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property
(Schedule G or L)
8. Total Gross Assets (total Lines 1-7)
9. Funeral Expenses & Administrative Costs (Schedule H)
10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I)
11. Total Deductions (total Lines 9 & 10)
I 12. Net Value of Estate (Line 8 minus Line 11)
I~CIAL SECURITY NUMBER
211-16-9382
---~~._---_.~
THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
SOCIAL SECURITY NUMBER
o 3. Remainder Return (date of death prior to 12-13-82)
o 5. Federal Estate Tax Return Required
o 8. Total Number of Safe Deposit Boxes
o 11. Election to tax under Sec. 9113(A) (Attach Sch 0)
4811 Jonestown Rd.
Suite 226
Harrisburg, PA 17109
(1 ) None
(2) None
(3) None
(4) None
(5) 28,431.08
(6) None
..-----
(7) 519,078.86
(9)
(10)
14,935.00
50,913.59
13. Charitable and Government /Sec 9113 Trusts for which an election to tax has not been
made (Schedule J)
14. Net Value Subject to Tax (Line 12 minus Line 13)
---t---
I
SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES
15.Amount of Line 14 taxable at the spousal tax rate, 28,274.07 x .00 (15)
or transfers under Sec. 9116(a)(1.2)
z 0.00 .045 (16)
0 16.Amount of Line 14 taxable at lineal rate x
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IL 17.Amount of Line 14 taxable at sibling rate 0.00 x .12 (17)
::IE
0
u
~ 18. Amount of Line 14 taxable at collateral rate 0.00 x .15 (18)
----
19. Tax Due (19)
20. 0
CHECK HERE IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT
OFF-,CiAi
lIS~~LY
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(8) 547,509.94
(11 )
65,848.59
481,661,35
(12)
(13) 453,387.28
(14) 28,274.07
0.00
0.00
>> El~:S\B,tE TO ANSWM At.LQUESTtaNS.ON REVERSe$ltm ANDftECliECKflAiI'H <<
Copyright 2000 form software only The Lackner Group, Inc.
Form REV-1500 EX (Rev. 6-00)
Decedent's Complete Address:
.' STREET ADDRESS
60 Foxcroft Drive
CITY
I STATE PA
I ZIP 17011
Camp Hill
Tax Payments and Credits:
1. Tax Due (Page 1 Line 19)
2. Credits/Payments
A. Spousal Poverty Credit
B. Prior Payments
C. Discount
(1 )
0.00
Total Credits (A + B + C) (2)
0.00
3. InterestlPenalty if applicable
D. Interest
E. Penalty
Total Interest/Penalty (0 + E)
4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is thEOVERPA YMENT.
Check box on Page 1 Line 20 to request a refund
5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is theTAX DUE
A. Enter the interest on the tax due.
B. Enter the total of Line 5 + 5A. This is theBALANCE DUE
(3) 0.00
(4)
(5) 0.00
(5A)
(5B) 0.00
Make Check Payable to: REGISTER OF WILLS, AGENT
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS
1. Did decedent make a transfer and: Yes No
a. retain the use or income of the property transferred;............................................................................. ~ ~
~: ~::::~ ~h~e:~~i~~:~s:~~;=s~~~..~~~~~ .~.~.~. ~.~~. :.~~:.~~ .~~~~.~~~.~~~.~..~.~ .i~~. ~~~.~~~.'.'''''''''.'''''.'''''''''''~~::::::::::: .........
d. receive the promise for life of either payments, benefits or care?..........................................................
2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without
receiving adequate consideration?...........................................................n............................ __..................... 0 ~
3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death?......... 0 ~
4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which
contains a beneficiary designation?.................... ......... ............... ....... ........... .................. ................................ ~ 0
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 penalties of pe~ury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct and complete. Declaration
preparer other than the personal representative is based on all information of which preparer has any knowledge.
SIGNATURE OF PERSON RESPONSIBLE FOR FILING RETURN ADDRESS
Dean . Olewiler
DATE
ADDRESS
60 Foxcroft Drive
Camp Hill, PA 17011
I~'~-~
DATE
ADDRESS
J "Z.~ L..J ' 0 \..
DATE
4811 Jonestown Rd.
Suite 226
Harrisburg, PA 17109
For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the
surviving spouse is 3% [72 P.S. ~9116 (a) (1.1) (i)].
For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0%
[72 P.S. ~9116 (a) (1.1) (ii)]. The statutedoes not exemDta transfer to a surviving spouse from tax, and the statutory requirements for disclosure
of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary.
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 years of age or younger at death to or for the use of a natural
parent, an adoptive 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 decedent's lineal beneficiaries is 4.5%, except as noted in 72 P.S. ~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 decedent's siblings is 12% [72 P.S. ~9116 (a) (1.3)]. A sibling is defined,
under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption.
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SCHEDULE E
CASH, BANK DEPOSITS, & MISC.
PERSONAL PROPERTY
COMMONWEAlTH OF PENNSYlVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
I FILE.. NUMBER-
21 - 06 -
ESTATE OF Olewiler, Jane B
Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointly-owned with the right of
survivorship must be disclosed on schedule F.
---- .-
ITEM DESCRIPTION VALUE AT DATE OF
NUMBER DEATH
1 PNC Bank (prepaid funeral account), owned by Jane B. Olewiler 7,345.00
2 New York Life Insurance Policy # 32557061, Jane B. Olewiler, owner, Dean B. Olewiler, insured 21.086.08
(cash value)
TOTAL (Also enter on Line 5, Recapitulation) 28,431.08
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SCHEDULE G
INTER-VIVOS TRANSFERS &
MISC. NON-PROBATE PROPERTY
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
ITEM
NUMBER
2
3
4
5
6
. FILE NUMBER
Olewiler, Jane B . 21 _ 06 _
This schedule must be completed and filed if the answer to any of questions 1 through 4 on page 2 is yes.
DESCRIPTION OF PROPERTY
Include the name of the transferee, their relationship to d
and the date of transfer. Attach a copy of the deed for rea
1
Annuity held at Fidelity & Guaranty Life Ins
Company, Jane B. Olewiler, owner, Dean B
beneficiary
I House and Lot located at 60 Foxcroft Drive
, Mechanicsburg, Pennsylvania, ParcellD #
10-19-1596-039, titled to Dean B. Olewiler
Olewiler, Trustees of the Dean B. Olewiler
and Jane B. Olewiler and Dean B. Olewiler
of the Jane B. Olewiler Living Trust
Condominium Unit located at 633 Colonial
Mechanicsburg, Pennsylvania, ParcellD #
42-30-2110-046.-U34, titled to Dean B. Ole
Jane B. Olewiler, Trustees of the Dean B. 0
Living Trust and Jane B. Olewiler and Dea
Olewiler, Trustees of the Jane B. Olewiler
300 shares of Citrix Systems, Inc., CUSIP
177376100, held at LPL Financial Services
No. 48068180, titled to Jane B. Olewiler, T
Jane B. Olewiler Living Trust ($32.895/sh)
703 shares of Fulton Financial Corp PA, C
360271100, held at LPL Financial Services
No. 48068180, titled to Jane B. Olewiler, T
Jane B. Olewiler Living Trust ($17.2475/sh
2,500 shares of Coca-Cola Company, CUS
191216100, held at LPL Financial Services
No. 48068180, titled to Jane B. Olewiler, T
Jane B. Olewiler Living Trust ($42.6675/sh
Total of Continuation Schedule(s)
DATE OF DEATH %OF EXCLUSION TAXABLE VALUE
ecedent VALUE OF ASSET DECO'S
I estate. INTEREST (IF APPLICABLE)
urance 7,187.99 100% 7,187.99
. Olewiler,
, 267,530.00 50% 133,765.00
and Jane B.
Living Trust
, Trustees
View Road, 102,990.00 50% 51,495.00
wiler and
lewiler
n B.
Living Trust
# I 9,868.50 100% 9,868.50
I
, Account
rustee of the
USIP# 12,124.99 100% 12,124.99
, Account
rustee of the
)
IP# 106,668.75 100% ! 106,668.75
, Account I
rustee of the
)
304,637.38
519,078.86
TOTAL (Also enter on line 7, Recapitulation)
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SCHEDULE G
INTER-VIVOS TRANSFERS &
MISC. NON-PROBATE PROPERTY
continued
COMMON\l\lEAl TH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF Olewiler, Jane B
This schedule must be completed and filed if the a
ITEM
NUMBER
DESCRIPTION OF PROPERTY
Include the name of the transferee, their relationship to decedent
and the date of transfer. Attach a copy of the deed for real estate.
FILE NUMBER
21 - 06 -
nswer to any of questions 1 tt rough 4 on page 2 is yes.
.-
DATE OF DEATH %0 EXCLUSION
DEC[ 'S TAXABLE VALUE
VAlUE OF ASSET INTER ST (IF APPLICABLE)
Inc., 83,751.00 100 *' 83,751.00
ices,
I
,
I
I
36,450.00 1 OOfk 36,450.00
unt !
of the
I
SIP# 17,116.25 100f 17,116.25
ount I I
of the
44,470.00 100ro 44,470.00
un! I I
of the !
I I
eld at! 6,370.00 1 OOJro 1 6,370.00
titled : I
iler i
!
USIP 9,811.38 100% 9.811.38
count
of the
i
10
11
12
7
1,200 shares of PNC Financial Services Group,
CUSIP # 693475105, held at LPL Financial Serv
Account No. 48068180, titled to Jane B. Olewiler
Trustee of the Jane B. Olewiler Living Trust
($69. 7925/sh)
8
2,000 shares of Schering Plough Corp, CUSIP #
806605101, held at LPL Financial Services, Acco
, No. 48068180, titled to Jane B. Olewiler, Trustee
i Jane B. Olewiler Living Trust ($18.225/sh)
9
500 shares of Verizon Communications Inc., CU
92343V104, held at LPL Financial Services, Acc
No. 48068180, titled to Jane B. Olewiler, Trustee
Jane B. Olewiler Living Trust ($34.2325/sh)
800 shares ofWachovia Corp New, CUSIP #
929903102, held at LPL Financial Services, Acco
No. 48068180, titled to Jane B. Olewiler, Trustee
Jane B. Olewiler Living Trust ($55.5875/sh)
250 shares of Xii in x, Inc., CUSIP # 983919101, h
LPL Financial Services, Account No. 48068180,
to Jane B. Olewiler, Trustee of the Jane B. Olew
Living Trust ($25.48/sh)
175 shares of Dentsply International Inc. New, C
# 249030107, held at LPL Financial Services, Ac
No. 48068180, titled to Jane B. Olewiler, Trustee
I Jane B. Olewiler Living Trust ($56.065/sh)
I
L~+I
Page 2 of Schedule G
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SCI-EDlI.E H
RN:RAI..EXPENSES&
ArMNSTRA11VE COSTS
COMMONWEAlTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
FILE NUMBER
21 - 06 -
ESTATE OF Olewiler, Jane B
Debts of decedent must be reported on Schedule I.
ITEM
NUMBER FUNERAL EXPENSES:
A. 1 Red Lion Cemetery
DESCRIPTION
I
AMOUNT
575.00
2
Musselman's Funeral Home
7,345.00
B.
1.
ADMINISTRATIVE COSTS:
Personal Representative's Commissions
Social Security Number(s) I EIN Number of Personal Representative(s):
Street Address
City
State
Zip
2.
3.
Year(s) Commission paid
Attomey's Fees Law Offices of Susan E. Lederer
3,500.00
Family Exemption: (If decedent's address is not the same as claimant's, attach explanation)
Claimant Dean B. Olewiler
Street Address
3,500.00
State P A
Spouse
Zip
~
I
Relationship of Claimant to Decedent
4. Probate Fees
5. Accountant's Fees
6. Tax Return Preparer's Fees
7. Other Administrative Costs
1
Filing Fee for PA Inheritance Tax Return
15.00
TOTAL (Also enter on line 9, Recapitulati n)
14,935.00
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SCHEDULE I
DE:BTS OF DECEDENT, MORTGAGE
COMMONWEALTH OF PENNSYLVANIA LIABILITIES, & LIENS
INHERITANCE TAX RETURN
RESIDENT DECEDENT
FILE NUMBER
ESTATE OF Olewiler. Jane B 21 - 06 -
Include unreimbursed medical expenses.
ITEM DESCRIPTION AMOUNT
NUMBER
~-
1 Margin Loan on LPL Account # 48068180 50.913.59
TOTAL (Also enter on Line 10. R ecapitulation) 50,913.59
, REV-15.1~ EX+ (9-00)
I SCHEDULE J
I
COMMONWEALTH OF PENNSYLVANIA I BENEFICIARIES
INHERITANCE TAX RETURN l
RESIDENT DECEDENT
ESTATE OF Olewiler, Jane B FILE NUMBER
21 - 06 -
RELA frlONSHIP TO AMOUNT OR SHARE
NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY D CEDENT OF ESTATE
DoN t List Trustee(s)
I. TAXABLE DISTRIBUTIONS (include outright spousal distributions)
1 Dean Olewiler husba nd Annuity & Life
60 Foxcroft Drive Insurance
Camp Hill, PA 17011
I
I
i
Enter dollar amounts for distributions shown above on lines 15 through 18. as appropria e, on Rev 1500 cover sheet
II. NON-TAXABLE DISTRIBUTIONS:
A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX I~ ~NOT
I BEING MADE
1 ! Family Trust (Credit Shelter Trust) under Article Nine of the Jane B. Olewiler iving Trust 453,387.28
dated June 10 1996
*
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
TOTAL OF PART 11- ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-15 0 COVER SHEET
453,387.28
._.. __.:.. ,., ....,...,....., nVvllUO, I..CIIIUVIIt:, 11-'1 './U40 5"-~A ~~ ~.~ M \
I""IUUI t:'::,::. =.1. '--'1" ~ "
~ _ BUSINESS ADDRESS ! I J
and the Purchaser __:ue{U)__.d--tO-L~LLe...e= '1. J I, Jl~ / 8'14'11" y/,z" ~ (F)
. I (hereiAafter "You") NAME DIOIB . LJ IISOCIAL S'RITY #
----t,b N-X <: t:d_~~})~_"_(!~~_L_"d:,-1Lr-----,:f-1 J d;) ( I .
ADDRESS .
___ .Ja,--IL~ME t3~je 4n i er- ~o~'7 - ~ ~~~~!.~:c!~8;;tR.. (M) @)
for the Benefit of
(if Beneficiary's
is different from
the Purchaser)
ADDRESS
ANNUAL FINANCE Amount Financed Total Sale Price
PERCENTAGE CHARGE The amount of credit The amount You will hav The total cost of Your
RATE The dollar amount the provided 10 You or on paid after You have mad purchase on Credit,
credit will cost You. Your behalf. All payments as schedul including You
The cost of Your Credil Payme $ )
as a yearly rale. 7( ~<(S; ~
0.00% 0.00% $ $
If not paid in full, Your Payment Schedule will be:
No. of Amount of When Payments Are Due
payments payments
tion of Amoun lOa need
Cash Price
$
$
Monthly beginning __ _ _
Mo. 0 Year
Total Downpayme t
(a) Cash $
(b) Death Benefit of Paid Up Life Insurance
Policy Assign d: $
Unpaid Balance of ash Price &
Amount Financed = $
See reverse side for any additional information
about Nonpayment and default.
You hereby agree to buy and Funeral Home hereby agrees to sell the funeral goods (-Merchandise'), funeral services ("Services") and cash
advance items for 3rd party charges ("Cash Advances") which are described in itemized list attach d as Exhibit A for a Total Sale Price of
$ ______ . (see paragraph 5 on the reverse side for price details)
After payment of the Total Sale Price and all other payments required to be made, the Funeral ome will render, upon the death of the
Beneficiary, all the Merchandise, Services and Cash Advances described on attached Exhibit A. This A reement is subject to the terms and con-
ditions shown above and on the reverse side of this page, which you have read and accepted.
Y~ jereby elect that this Agreement shall be:
~ Irrevocable upon payment in full of the Total Sale Price _ Re oeable by You at Your option at all times
You and the Funeral Home agree that Services and Merchandise shown on Exhibit A are:
_~ Guaranteed by the Funeral Home upon timely payment of the Total Sale Price _ Not Guaranteed by the Funeral Home
Y6"u ~d the Funeral Home agree that Cash Advances shawn an Exhibit A are:
_ Guaranteed by the Funeral Home upon timely payment of the Total Sale Price _ Not Guaranteed by the Funeral Home
EXCLUSION WARRANTIES: THE FUNERAL HOME IS NOT PROVIDING TO YOU ANY WA RANTY OF MERCHANTABILITY OR
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE FOR THE MERCHANDISE. The only warranties You are receiving for the
Merchandise are the express written warranties, if any, which are provided by the manufacturers of the Merchandise sold to You under
this Agreement. Only the manufacturer shall have any liability to You under such warranties.
You and the Funeral Home have signed this Agreement on the day and year written above and int nd to be legally bound. By signing this
Agreement, the Funeral Home, as agent for the Purchaser, hereby agrees to establish an individual rust with the Trustee under the Master
Pre-Need Trust Agreement (the "Master Trust") between the Funeral Home and the Trustee (the "Trust" .
license Number of Funeral Director
F:b-- PI.ll1l3 -- L
~
~~
Si~natuf'ef)f Lieensed Funeral. Direeter- .--
SUBJECT TO TERMS AND CONOmONS ON REVERSE SIDE: You acknowledge receipt of a compl ted copy hereof, You, the buyer, may
cancel this transaction at any time prior to midnight of the third business day after the day of this transaction. See the attached Notice
of Cancellation form for an explanation of this right.
PART II
, FOR OFFICE USE ONLY
The Trustee hereby accepts the Trust herein created for the Beneficiary under the Mas r Pre-Need Trust Agreement
with the Funeral Home.
PNC Ba~k N::\ti....n~1 ^^^__l_.l_._
~v/...l.1t
,-#ev-rY ~ /~L~a/
I 11 ,,/
t/ jxtb~
~~~ ~b d~~b l~:~b FR HARRISBURG V39
New York Life. Policy Viewer
.: .".t:';l,~;i' '~5i!::~
.H.... .:......_t~;<.:.> ..... . ..., .,.
I ~ ;al~:_ ~~~C~;~.!~~R'~~2~~~oil.1?~~.~ I~s~~d; '.
" . ~i.Ol POlicy Om: 08/15/1970 Owner:
.ft ~~...Adj. Policy Status: PREM P^ Y Plan:
~; ~ QIv!!:!UI Paid to Date: 08(1612007 Fac., Amount::
e, [Wi Tax Qualified: NO An Stries:
W! ~ P-Ql.J.J>.an Modified Endow; Prepared On:
e~ -.I C){.,O.tQiI ISsue Date: 08103I1970
A! ~ QPp',Oetail
WI F MESSAGES
01 ; ~:~= ~., 1~~ ~~~==R~~~~: IN UEU OF NP~2370T
al F7 p'e~i~~..j ., - ,.".,,, ,.' .". "'" ..".. ,,_.. ".,,,.,,. .
-, ~~~.~~~, ~ ~~~_~~~~. Drrr.AI~
-- P' .Summary Cash V.'ue
~ esll~ Pofiey Ca$h Villue:
('7 OMdel'ld "ooumut.tions:
'II C.be.<*:O OPP Rider:
~ f&lmb. Bill Gross Cash Value:
~ ~C 1llfR. Outstanding Loan(a) Amt
P' Prerrt.4l'l~ Loan Interest Oue~
~ QJBi2!J!
po ~dcia()'
po QJk=nts
P' ~a.'.n!$
. '
7172386580 TO 6527t40
DEAN B OLeM
JANE B Ot.e\M
WHOLe LIFE IN
25,000.00
AD067
0810612006
3 WARNING POP SELf TED LOVQ
D8ath ~
flelieV'Dell Benefit:
OMdend A aumulations~
opp Rider:
'.Yur Ta :
Tunn Rider< ):
Gross Senefit:
Oumtandl Loan(s) Amt:
Loan Inten! t Due:
;, Aecumulated Adjust: 1,442.82 ... Accumuhl1e Adiuet:
M Net Cash Value: 21.086.08 Net DHth nafit:
"Incfudes unused premium. premium due, &UlTlndBf charges. terminatiOn div.' 00. etc.
... May be $ubject fO wnhhold/ng
18.a19.50
723.76
25,000.00
723.78
19,643.26
25,723.76
1.876.49
27,389.25
, .. n. ......._................". ...... .,. .., ., ".. .. .... . ....
~~~~~~ .~..~.~~.~Y.~T~~_~~~,~!~~~T D~:r Al,~
Cash Value
Tetn'liniltfon Dividend: 7&0.00
Total Net Annual Prtrtlium
Refund: 692.82
Death Benefit
Post.Mortem "A" Dividend:
Premium Adj em
Mortuary. n."'a' Pr:
Termlnatlon lvidend:
DB Accumu AdjUlt:
89.00
836.49
750.00
1,875.49
CV Ac<:umuJa1ed Adjust:
1,442.82
V~~~~~,,~.~IYID~~~,,~~.~~, .. .. . _". .., .
Dividend 11"fofmation
Last Annlversary Year:
.....t Annh,eraary Oividend:
1 Year Term Face Amount;
1 Year Term Prvmil.lm:
l..ast Dividend Activity: Q7/2112008
Current Dividend Option: DIVIDEND DEPOSITS
Dividend Suspense Amount & Reason~
.. As of the Prepared 0" Date shawn abo\'e
"'... Sign8d VVifhhoJding Election form needed to avoid ra~ withholdings
2006
1,05S.eo
. '. . , ... . ..-.-...--.-.,. .... ....." ,.-..-.
Df idends Available
" Max Oividen s Avarlctbllt~
- Federal With aiding:
.... State Withhol In;:
... OiV' Net of Wi holding:
l=ederaUState Gain:
723.16
. .... ... ...... .. ,,,,., ..
YALUES," .~~,~~y .L~~~ .~f?T~ILS
Current Loan Information
Outstand.ng Loan Arne
Loan Inte....t Due:
Loan Interest R3t$~ 5.87%
Loan Typf!:
Loan Int Paid to Date:
Last 1..000n ActMty Pate: 10118/1889
C.o-M Loan Repay "mt:
Availab ~"Infonnation
" Max: Loan Aval ble: 18,905.00
'"' Fedetal Withhol In9:
.... Sl:$W Withholdi g:
""" Loan Varue Net f Withhold: 18,905.00
Paid in c.m
Loan I
https:/Iwww.fts.newyorklife.comlftviewer/
9/6/2006
_I
~c~ ~b ~~~bl~:26 FR HARRISBURG V39
New York Life. Policy Viewer
. .
7172386580 TO 6527440
\
P. 03/05
Page 2 ot" 4
Year
Amount
182.09
305.08
~~J~~.J
..........:..~~'k
1989
1988
.. A.s d ttte Prepated 0" Oate $hown Above
.. Signed WilhhokHng Election form needed lO ~lIcid tax withholding
VALUES ~ CASH VALUE DETAILS
~~t'A'~ni~9~~;V'YN~~ ..... 2006
l.a$t AMlversary Olvldend; ',058.50
Prior Year CV Increase: 350.00
Tote! Prior Year Increase: 1,408.50
Sase AnnuiJ ized Pl"$ft1iurn:
Net Annuali (Kj Premium:
Current Yeoa CV I"crea$. ;
912.50
912.50
325.00
VALuEs":omoN"To"'pu'RCHASE'PAIO.:up ADDmoNs DE.~~ .~... .............
... .... ",~..,. ,... ,.. .'."." , " "" ,. ,..~. "R, . ., .......... '" ....... . ... o. .. ..... .. .... ., ,. .... . ... .,. ..." , ".
opp Values
Total$ t V..r Prior Year
opp Pl'flIrnium$ Remitted:
OPP Faoe Amount Purchased:
iM()pP Cash value:
opp SIitM
opp Rider Status:
opp AD Series:
Opp Rating:
- Msy be subject to withholding
VAlUES. OPTIONAL PREMIUM LOAN DETAILS
e:llgibte l.oans~ Loans TaMtn:
EffectlveDate Paid to Date
Loan Balance:
Loen Interest Due~
y.~I:~..~~.,::.!~!..~~~~_" ...
Lapse TalCation l"formation
'" FederallStat. Chain! .00
Lapse CO$t $a$i5: 8,371.00
Lapse Information As Of: 0811512007
Interest on DMdend ACGUnlulaUcns
Year Amount Tax WIthheld
2C06 16.79
2005 12.37
.May be .subjl!Ct to withholding
PUMIUMS . SUMMARY DETAILS
P~iun"M0'd8:"""""" .. 'Ajii.NuAi:......
Policy Prem~um: 912.60
Partial POP Amt:
Out-of-Pocket Premium:
Opp Mode:
Opp Premium:
81l1able OPP
opp Mede:
opp Premi
teSt Rate: 5.83%
Cu.....nt OPt. e."nce
Sumln Itf Taxation Information
· FederalJStat& Gain: 12.7'36.13
Surrender Sasis: 7,627.19
1035 Exch nge Taxation Information
*FederaUState ~Ii.,:
1035 &chang Amount~
1035 Exchang Cost B8$1$.;
.00
21,086.08
9,100.95
Current POP Status: . .....popsEU!cf...
**UNPOP bate:
Last Ptam Aetivity: 07/21l2OO6
Nlui.t Bill Date: 08/1512001
Default ~em Pay Opti n:
State Jurisdiction: PA
Premium Suspense Amount & Reason:
fr/fThis pclicy is Ctltrentfy on pop Seleal. This does NOT make the policy paid-up r reduce t/18 "(.Imber of
premi,ums that must be psirJ. Premiums 8/'9 assumeCllo be paid by application of Vidend vBJues. Loan interest
due. If any, is assumed to tle paw wfth OIJI-oI-pOCket cash. A rtldrJCtron in the CiJ nt sea/a could requif'9
BdcJirlonsl out-of-pocket 08:Jh outlays ;11 future years
Policy Components
Name: DR OEAN B OL
O~e Added~ 0811511970
Component:
Face Amount:
BAS! PLAN
25.000.00
RtJtj~ :
AO Series:
STANDA~D
A0067
Pram;
UnIts;
, ,., ,....... "M'__'_'"
PREMIUMS - ALTERNATIVE' MODE DETAILS
~. .... ... ,;;~;;.;.~.....__...... f'" ..... A~~~nt .
https:/Iwww.fts.newyorklife.cotnlftviewer/
lLeR
Issue Age;
EXtra Pram
Ending Year:
Rfdet to:
48
912.50
.... ." .."..,.".....-.~, ""..... ...- .
...:... !I ....... .............-........ ....1... . ........ ....--....... ........ ..............-.-.
9/612006
912.50
465,25
237.25
80.75
77.75
78.00
65271,4400 . P';~~3 of4
k.~clJ~. 6
.,-
~ t"-) d..
. '
SEP 06 2006 13:27 FR HARRISBURG V39
New York Lite - Policy Viewer
ANNUAL
SEMI.~NlJAL
QUARTERLY
MONTHLY
NYLA/COM
1/12TH ANNUAL
7172386580 TO
PREMIUMS ~ CHECK-O-MAnc DETAILS
___ . ._~..._.~., '\ ".... "",. .... .....",..,..... _.. __..._..__. ......n. ........, ,,,,,, .. .,
. ........,..., ,.. ...,................__.__._..,.................. .1'1.
.~~~!'!.~.~ _ :.~OMBIN~I?..~I~~....~.~Ei!AI.LS
PREMIUMS ~ MODIfiED' ENDOWMENT CONTRACT DETAiLS
-MEC 'sb;t~;: ...........,.._-'---.Nor' SUBJECT ro'MooiFiEO"ENOOWMENT LAws.... ,
1Q35 Exchange StatUS:
Cate Became a MEC:
M$~"a' Chan9& Date:
Year II Annual7-Pav l.imit
ACGl.lmulation Start tate:
Actual Amount Remitted Cumulative roof ..., UmJt I cumu::.~~:oum
.......... . ..... .... .....
~~!,~~.~,~~,.:.~~~.~U~..~~~_~!!~~.~
Den.ult Premium Pay Option:
Premium Made:
ANNUAL
APL ProvlsiorJ:
OOF2
PREMIUMS
USED
AwUable Premium Loan to Nftt Moda! Anniveraary
Premium Mode New Paid tQ Payment Available by
Dat8 Required Loan
0811512008 912.50 912.50
0211512008 0458.25 4!S6.25
11/1512007 228.13 228.13
09/15J20D7 76.04 76.04
APl.. ElCplration Date:
Cast Required
New Total LOBn
912.!O
456.26
228.13
78.04
ANNUAL
SEUI.ANNUAL
QUARTERLY
MONTHLY
AvoailiWte OptiOfUllI P",mium Loan Information
Effectlva Da~ Ava=.te by Cash Required ~inlllKe Ca.rge Fe&! raJ Geln
State Gain
P.~~~~!lM~, .~. ~!-.~~ONS, ~~ A.~~
BENEftCIARV DETAILS
O3tJOi1998"1ST JANe:-EJ'OLEW1LER WsFE"2N'O CHILDREN'SRD TRuStEE' UNI' 'ER THE JANE-9"OlEWrLeR"
LMNG TRUST OTO 011096
CUENT DETAIl.S
....... ,.......... '. " ....,."..""
Part J Data:
Pa"! II Type:
N~rne:
Ctlent 10:
S$Nrrax ID~
Address:
Name;
Client 10:
SSNITalC 10:
Addr8S8:
JANE B OLEWllER
000718286
211.16-9382
so FOXCROFi DR
CAMP HILL I PA
17011-1521
DeAN B OlE\MLER
001 048~
18~2462
Pal1l1 Date; 0712';. 1910
Rol~: PRIMA Y OWNER
HQu$eHoldIO~ 98111 0 )020670800
COB:
Phone; 717.76~-3136 HOME
Sex:F
Role: PRIMAlrr INSURED
House HoldlD:
008: 0911611 ~
Pholle: 717-761 3136 HOME
Sex:M
AG~~T ,DETA~~ .., , '....""
Namo: STeRUNG W GROVE
Code: 361717 RaJe:
Status: DECEAse Perc:ent:
GO: HARRISBURG GENERAl. OFFICE
. -, .
Name: WU..L1AM M T1lLeTT
ORIGINAL.
1QO Phone:
E:Kf). DB1~:
https:/lwww.fts.newyorldife.comJftviewer/
9/612006
SEP 06 2006 13:27 FR HARRISBURG V39 7172386580 TO 6527340 P.05/05
New York Life - Policy Viewer Page 4 of 4
· ' Code; 270322 RoJe: SEFMCING
S~tYS; ACTIVE Pe~ttt: Pho 717-232-2556
GO: , , , ~RISBURG ~~NERAL oFFrce Exp. Oate~ .
POlicy Delivery Comml:$$'on Option: N/A
Receipt Dare: NlA
5J~J~e
'~~"~'/l-\ d
https:flwww.fts.newyotldife.comlftviewer/
9/6/2006
** TOTAL PAGE.05 **
..
The Company You Keep~
www.newyorklife.com
July 19, 2006
Ms. Susan E. Lederer, Attorney
4811 Jonestown Road, Suite 226
Harrisburg, PA 17109
RE: Estate of Jane B. Olewiler
Policy No. 01791212
Dear Ms. Lederer:
I
I
I
$~0~a :t*-v-l \
New York Life Insurance Company
3401 N. Front Street, Suite 100
Harrisburg, PA 17110
Bus. 717 232-2555 Ext. 3011
Fax 717 238-2580
wti lIett@ft.newyorklife.com
Mitch Tillett
Agent
This letter is being written in response to your letter dated July 14, 200 regarding the
above-mentioned retirement annuity. I spoke to Fidelity & Guaranty L fe Insurance
Company this morning and was informed of the following:
Policy Value at Time of Death: $7187.99 (Gross)
Amount already processed to Dean $6857.49
If I can be of any further assistance regarding this matter, please do no hesitate to
contact my office.
. Sincerely,
~'- ~~~-tt.l ~
Mitch Tillett
for Financial Products & Services
egistered Representative for
YLlFE Securities Inc.
401 N. Front Street, Suite 100
arrisburg, PA 17110
17 232-2555
ew York Life Insurance Company
ew York Ufe Insurance and Annuity Corporation
Delaware Corporation)
YlIFE Securities Inc.
1 Madison Avenue, New York NY 10010
i '
I
"jO j 0 !
~.
5~v~GJ ':t-~~
/J#I'f-/~/0- u:/7
r~~E~-;-.;:. Z:~(}LfR
2) J S=CORD~R .
[~ : r ~ 4 r:- r ~ '"J ). I r'\
ee '~."'''';''':';'~';:lW
C7. ) ^ 'ttt ' 96 OCT 23 PlIO 37
-1~ ~nfur.e, made the ~ day of Janua ,in the year of
our Lord one thousand nine hundred and ninety-s x (1996),
Between
Dean B. Olewiler and Jane B. Olewiler, hus and and wife, of
Cumberland County, Pennsylvania, Grantors
and
Dean B. Olewiler and Jane B. Olewiler, Trustees, or their
successors in trust, under the Dean B. Ole iler Living Trust
dated January 10, 1996 and Jane B. Olewiler and Dean B.
Olewiler, Trustees, or their successors in rust, under the
Jane B. Olewiler Living Trust dated January 10, 1996 and any
amendments thereto, as Tenants in Common, G antees
in
) Dollars,
o them well and
sealing and
knowledged, have
ed, and by these
confirm unto the
ves and assigns.
t{!Une~~elh, That the said Grantors, for an
consideration of the sum of One and No/loa ($1.0
lawful money of the United states of America, un
truly paid by the said Grantees at or before the
delivery hereof, the receipt whereof is hereby a
granted" bargained and sold, released and confi
presents do grant, bargain and sell, release and
said Grantees, their heirs, personal representat
ALL THAT CERTAIN piece or parcel of land si Hampden
Township, Cumberland County, Pennsylvania, being more
particUlarly bounded and described on Exhibit "AI attached
hereto:
BEING the same premises which Charles L. Zoll, Jr. and
Eileen R. Zoll, husband and wife, by Deed dated ebruary 27, 1968
and recorded March 1, 1968 in Deed Book R-22, Pa e 439, in the
Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, granted and conveyed unto Dean B. Olewiler and Jane
B. Olewiler, husband and wife, the Grantors herei .
UNDER AND SUBJECT to all restrictions,
conditions and agreements of record.
nts, covenants,
TOGETHER with all and singular the buildings and
improvements, ways, streets, alleys, passages, wa ers, water-
courses, rights, liberties, privileges, hereditam nts and
aOOK 147 PAGE 986
appurtenances, whatsoever unto the hereby grant
belonging, or in any wise appertaining, and the
remainders, rents, issues and profits thereof;
estate, right, title interest, property, claim
whatsoever of them, the said Grantors, as well
equity, of, in and to the same.
TO HAVE AND TO HOLD the said lot or piece
described, with the messuage or tenement thereo
hereditaments and premises hereby granted, or me
intended so to be, with the appurtenances, unto
Grantees, their heirs, personal representatives
for the only proper use and behoof of the said G
heirs, personal representatives "and assigns, for
d premises
reversions and
nd all the
nd demand
t law as in
f ground above
erected,
tioned and
he said
ssigns, to and
antees, their
ver.
heirs, personal
and a9ree, to
representatives
id Grantors,
, all and
anted or
nances, unto the
ves and assigns,
sonal
every person and
the same or any
any of them,
forever DEFEND.
AND the said Grantors, for themselves, thei
representatives and assigns, do covenant, promis
and with the said Grantees, their heirs, persona
and assigns, by these presents, that they, the s
their heirs, personal representatives and assign
singular the hereditaments and premises hereby g
mentioned and intended so to be, with the appurt
said Grantees, their heirs, personal representat
against them, the said Grantors, their heirs, pe
representatives and assigns, and against all and
persons whomsoever lawfully claiming or to claim
part thereof, by, from or under him, her, them a
shall and will, Subject as aforesaid, WARRANT an
~ wUne44 whe~, the Grantors have hereun 0 set their
hands and seals. Dated the day and year first a ave written.
Sealed and Delivered
in the Presence ot:
~~~ -~ ~
( SEAL)
( Ii' ~ 7t,..o-- ~ ')
-2-
BOOK 147 PAGE 987
,.
Certificate 0/ Re3dtnce
I hereby certify that the precise residence of the Grantees
herein is as follows:
c/o Dean B. Olewiler and Jane B. Olewiler, Trustees
60 Foxcroft Drive, Camp Hill, PA 17011
Acknowt4errwnf
COMKOHWEALTll OF PENNSYLVANIA
55
COUNTY OF DAUPHIN
On this, the /O~ day of January, 1996 befo e me, a Notary
Public in and for the Commonwealth of Pennsylvan'a, the
undersigned officer, personally appeared Dean B. Olewiler and
Jane B. Olewiler, husband and wife, known to me (or
satisfactorily proven) to be the persons whose n are
subscribed to the within instrument and acknowled they
executed the same for the purposes therein contai
IN WITNESS WHEREOF, I
,.JII!If'" .If'
herezznt ) et my hand Offic~.'.al. ~~'~~.~~~...'...~
. /, <.,,~:;1jfi!;t' -",,~J:~~l~
~ ~ 1,;""""._' .,- .~.~.....-_..,...-.
....f;t..<.-'
"'r7'
seal.
COKHONWEALTlt OF PENNSYLVANIA
COUN'l'Y OF CUMBERLAND
RECORDED in th7 Office of the R/~c~~der
Cumberland County, ~n Record Book __' L
.
WI~~1-m~ /~ha~d official seal this
ll? ,. A7 4.~ r-
" i::~y;~~~~-:::'~t~:7:~:~~~~. ':,i / ~~...~~
~"'.~i&-1J. """~~ --:.~ ..~'~.f~",~~,-;,.,,?"---~ RE CORDE
:~:?:~ ':\:~:.r-. .7-'~~.':~~" ~:.~: l~',~.~"?:?'
f~Jlrf1 BOOK :~7 PAGE 988
for
day of
~ · b-
Y.L~
"../ /-7
OF 'DEEDS
BDlBI'!' "An
ALL THAT certain piece or parcel of land situa e in Ham~den Tow~-
ship, eumberland County, Pennsylvania, bounded and described as
follows, to wit:
BEGINNING at a point on the western side of Fa croft Drive which
point, measured along the western side of Foxc oft Drive, is four
hundred fifty-nine and sixty-one one-hundredth (459.61) feet north-
west of the southwest corner or Foxcroft Drive and Brook Road extend-
ed and which point is also at the northern line of Lot No. 5 on the
Plan of Lots hereinafter referred to; thence a1 ng the northern line
of Lot No. 5 aforesaid South fifty-six (56) deo ees fifty-seven (57)
minutes West two hundred eight and seventy one- ndredths (208.70)
feet to a point; thence North eight (8) degrees forty-four (44)
minutes West two hundred thirteen and ~enty-si one-hundredths
'(213.26) feet to a point at the southern line 0 Lot No. 7 on the
Plan of Lots hereinafter referred to; thence a1 ng the southern line
of Lot No. 7 aforesaid North seventy-seven (77) degrees forty-seven
(47) minutes East one hundred seventy-five (175) feet to a point at
the western side of Foxcroft Drive; thence cont.nuing North seventy-
seven (77) degrees forty-seven (47) minutes Eas twenty-five and five
one-hundredths: (25.05) feet' to a' point a t. the c' ter line of Foxcroft
Drive; thence southwardly along the center line of Foxcroft Drive
sixty-seven and forty-~o one-hundredths (67.42) feet to a point;
thence continuing southwardly along the center l'ne or Foxcroft Drive
by an arc curving to the left, having a ~adius 0 one hund~ed fifty
(150) feet, a distance of sixty-three and sixty- L~ one-hundredths
(63.66) reet to a point; thence South fifty-six 56), degrees fifty-
seven (57) minutes West twenty-five (25) feet to a point, being the
Place of BEGINNING.
BEING Lot No.6, on Plan of Hunter's Point Resid ntial Sub-division by
Law~ence H. Walker, which Plan is recorded in the Office of the
Recoraerof Deeds in and for Cumberland County ennsylvania, in Plan
BGlQk. 8, a tpage 6. '
SUBJECT. NEVER~ES~, to the easement of Foxcro t Drive, being
fifty (50) feet J..n Wl.d th, as more fully show"'Il on the aioresaid Plan
ent~red in the Office of the Recorder of Deeds aforesaid in Plan Book
8, .it .page .6.
~l
MOREOVER u:NDER AND SUBJECT to the terms and orovi ions and the
conditions and restrictions contained in the'Decl rat~on of Law~ence
H.Walker;and Margaret D. Walker, l:1is wife, dated January 3, 1956
and recorded in the Office of the Recorder of Dee s aforesaid in
Plan Book 8, at page 6, and to che amended covena ts as entered in
the Office of th~ ~ecorde~ or Deeds aforesaid in Lan Book 4, at page
67, and the cond1.cl.ons ana restrictions in Deed Book "L", Volume 14,
page 67.
BEING che same premises which Catherine Recan Saar
Shartle, her husband, by their Deed dated August 2
recorded in Cumberland Counc:y Deed Book "M", Volum
granted and conveyed unto Charles L. 2011 Jr. and
his wife, Grantors herein. '
~oO!~ 147 PAGE sfr
le and Frank K.
, 1967, and
22, page 1,
Eileen R. Zoll,
5~v~ ~-"
. , .
Detailed Results for Parcel 10-19-1596-039. in the 2004 Tax Assessment
DistrictN 0 10
Parcel_ID 10-19-1596-039.
MapSuffix
HouseNo 60
Direction
Street FOXCROFT DRIVE
Owner! OLEWlLER, DEAN B LN TR
C/O & JANE B
PropType R
PropDesc
Liv Area 2756
..
CurLandVal 70000
CurImp V al 197530
CurTotVal 267530
CurPretv al
Acreage 0.81
CIGrnStat
TaxEx 1
SaleAmt 1
SaleMo 10
SaleDa 23
SaleCe 19
Sale Y r 96
DeedBkPage 00147-00986
YearBIt 1965
HF _File_Date 11/1/2004
HF _ Approval_Status A
http://ta"Xdb.ccpa.netldetails.asp?id=l 0-19-1596-039 .&dbselect=l
WJ~
Page 1 of 1
7/21/2006
I I
~~~ 9-) ::r............... 3
t,
'3 oLt (.3
~
;',,1 -,31:) - .J//d
tJt,
~:,!'~ ,..i.r. !.~r'~i~~5
::..:':~'~i-'\)\~~U;(j~OUlln - 1':.
. ",an '.. l,
,..." - '\6
t 9& nc\ 2.3 RI'\ 10 '..
:J~ ~, made t;:,) /J'!!J- day of January,
our Lord one thousand nine hundred and ninety-six
in the year of
(1996),
B.tw..".
Dean B. Olewller and Jane B. aIewiler, husband and wife, of
Cuaberland county, pennsylvania, Grantors
and
Dean B. aIewiler and Jane B. alewiler, Trustees, or their
sueeesaars in trust, under the Dean B. aIewiler Living Trust
dated January 10, 1996 and Jane B. aI.wiler and Dean B.
alewiler, Trustee., or their successors in trust, under the
Jane B. alewiIer Living Trust dated January 10, 1996 and any
amendments thereto, as Tenants in common, Grantees
~dft.66el', That the said Grantors, for and in
consideration ot the aua of ane and NO/loa ($1.00) Dollars,
lawful money of the United states of America, unto them well and
truly paid by the said Grantees at or before the sealing and
delivery hereot, the receipt whereof is hereby acknowledged, have
granted, bargained and sold, released and confirmed, and by these
presents do grant, bargain and sell, release and confirm unto the
said Grantees, their heirs, personal representatives and assigns.
ALL THAT CERTAIN condominium unit in tbe property known,
named and identified in the Declaration referred to below as
"Colonial View Condo~inium" located in Upper Allen Township,
Cuaberland county, Pennsylvania, which has heretofore been
submitted to the provisions ot the Pennsylvania Uniform
Condominium Act, 68 P.S.A. 51031, et seq., by the recording in
the Recorder of DeedS Office in and for cumJ:lerland county, a
DeClaration dated Ma~ 23, 1984, and recorded May 24, 1984 in
Miscellaneous Book 295, page 721, together with an undivided
interest in the c~n Ble.ents of 8.333' which interest, if all
fifty (50) units which need not be built (NNBB) are built, could
be reduced to 1.6161' in the manner set forth in Section a d. of
the said Declaration being and designated in such Declaration as
Unit No. 34, and also known as 633 colonial View Road,
Mechanlcsburg, as more fully described in such Declaration.
BEING the same premises which Rachel A. Hogan, formerly
known as Rachel A. Olewiler, and Edward Charles Hogan, husband
and wife by Deed dated July 13, 1993 and recorded July 20, 1993
800k 147 !'ACE 991
I
l--.:.---
I
. ,
in Record Book R-36, Page 372, in the Office of the Recorder of
Deeds 1n and for CUaberland county, Pennsylvania, granted and
conveyed unto Dean B. Olewiler and Jane B. Olewiler, husband and
wife, the Grantors herein.
UNDER AND SUBJECT to all re.trictions, easements, covenants,
conditions and agreements of record.
TOGETHER with all and singular the buildings and
improv...nts, ways, streets, alleys, passages, waters, water-
course., rights, liberties, privileges, hereditaments and
appurtenance., whatsoever unto the hereby granted premises
belonging, or in any wise appertaining, and the reversions and
reaainders, rents, issues and prorits thereof1 and all the
estate, right, title interest, property, claim and demand
whatsoever of .thea, the said Grantors, as well at law as in
equity, of, in and to the same.
TO HAVE AND TO HOLD the said lot or piece of ground above
described, with the messuaga or tenement thereon erected,
hereditaments and pre.ises hereby granted, or mentioned and
intended so to be, with the appurtenances, unto the said
Grantee., their heirs, personal repr..entative. a..igns, to and
for the only proper use and behoo~ of the said Grantees, their
heirs, personal representative. and assigns, forever.
AND the said Grantors, for th....lves, their h.irs, personal
representatives and assigns, do covenant, promise and agree, to
and with the said ~rantees, their heirs, personal representatives
and assigns, by the.e presents, that they, the said Grantors,
their heirs, personal representativ.. and assigns, all and
singular the hereditaments and premi.e. hereby granted or
mentioned and intended so to be, with the appurtenances, unto the
said Grantee., their heirs, personal representatives and assigns,
against the., the said Grantors, their heirs, personal
representatives and assigns, and against all and every person and
persons whoa. Dever lawfully claiming or to claim the same or any
part thereof, by, from or under him, her, them or any of them,
shall and will, Subject as aforesaid, WARRANT and forever DEFEND.
~ ~~ ~I~, the Grantors have hereunto set their
hands and seals. Dated the day and year first above written.
S..led and Deliv.r.d
in the Pre.enc. of:
C .J. J""t-. f......:::C:.l- \
SEAL)
\I.. A ~ ~. -La ..J. '....
-2-
DOOK 147 I'ACf 992
I:
C-.t;j;aJ. 0/ I<.wI.nc.
I hereby certi~y that the precise residence of the Grantees
herein is as ~ollow.l
c/o Dean B. Olewiler and Jane 8. Olewiler, Trustees
60 FoxcrQf~ Drive, Camp Hill, PA 17011
~ - - ~ ~ ... , - .-t
Attorney ~or Grantees
-4J,tlDlII!.Jg.tnlJnl'
COJIIIOlIIIDLft 01' .....YL'9U%1
ss
C01JJl'!Y 01' DaUPIIIlf
On this, the./ ~rI:6-'day o~ January, 1996 before me, a Notary
Public in and tor the Commonwealth of Pennsylvania, the
undersigned otticer, personally appeared Dean B. Olewiler and
Jane B. Olewiler, huaband and wite, known to me (or
.ati.~actorily proven) to be the persons whose ~ame8 are
subscribed to the within instrument and acknowledged that they
executed the same tor the purposes therein contained,
IN WITNESS WHERBOF, I hereu~t m,y
seal. WfA.
COIlllOII1IBn'l'B 01' nnSYLVUIA
&&.
comr.ry OJ' ClDDIBRLloIID
"~~~OORDED in the O~fice of the RePJ~~er of Deeds i~~~d to:
A~~ . 'u ~nd County, in Record Book ,~ ' Page _
~~.:~. ~:fJ~~s~ han1fJbd official seal this sl3 day ot
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, Detailed Results for Parcel 42-30-2llO-046.-U34 in the 2004 Tax tssessment Database
DistrictN 0 42
Parcel_ID 42-30-2110-046.-U34
MapSuffix
HouseNo 633
Direction
Street COLONIAL VIEW ROAD
Ownerl OLEWILER, DEAN B & JANE B TR
C/O
PropType R
PropDesc
Liv Area 1190
CurLandVal 0
CurImpVal 102990
CurTotVal 102990
CurPrefV al
Acreage 0
CIGrnStat
TaxEx 1
SaleAmt 1
SaleMo 10
SaleDa 23
SaleCe 19
Sale Y r 96
DeedBkPage ... 00147-00991
YearBlt 1985
HF _File_Date 11/1/2004
HF _ApprovaCStatus D
http://taxdb.ccpa.netJdetails.asp?id=42-30-211 0-046.-U34&dbselect= 1
5/24/2006
5c~'^--}\'~ ~;:L~ ~ L~ - \ J-
I Foster InvestlRent Group
INDEPENDENT FINANCIAL CONSULTANTS
May 26, 2006
Susan E. Lederer
4811 Jonestown Road, Suite 226
Harrisburg, P A 17109
RE: Trust Estate of Jane B. Olewiler
Dear Ms. Lederer:
O/de Liberty Square
4813 Jonestown Road
Suite 109
Harrisburg. PA 17109
717-901-3099 · 800-577-0786
fax 717-901-2788
Enclosed are the values, as of March 10,2006, for the Jane B. Olewiler L ving Trust. Since Mrs.
Olewiler's death occurred on Saturday March the 11th, the date of death alues we provided are
as of the 10th. Sin<;e the markets are closed on Saturdays, there are no Hi , Low and Mean
prices for the actual date of death.
We reviewed the timing of dividends and interest on all of the stocks in e account and there
weren't any accrued dividends, as all dividends had been paid prior to the date of death, and
there were no new dividends declared.
This account was opened on August 7,2003, titled Jane B. Olewiler TTE , Jane B. Olewiler
Living Trust. We will formally change the name and Taxpayer Identifica ion Number as you
indicated. At this time we believe we have all the documents necessary t make this change. If
we require any other documents we will let you know.
Regarding the custodian account for George Edward Hogan - a successor custodian was not
appointed for this account, and therefore we will need one original Court ppointment of a
Successor Custodian.
Please contact us if you have any questions or require any further informa ion.
Regar&y ..... "
/,../'/1 /"---y""'~, "
/'> l / '---
</~L.' .. ,r0'
"/
Daniel G. Foster
Branch Manager
Financial Consultant
Enclosures
DGF/oew
Securities offered through LinscolPrivate Ledger · Member, 'ASD/SIPC
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Citrix Systems, Inc. (CTXS)
Scottrade
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At 11:25AM ET: 36.443 ... c
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Date Open High Low Close Volume Adj
Close*
13-Mar-06 33.40 34.28 33.40 33.87 4,669.900 33.87
10-Mar-06 32.08 32.50 31.40 32.35 1,313.800 32.35
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Tuesday, June 6, 2006, 1l:41AM ET - U.S. Markets close in 4 hours and 19 min tes. Dow" 0.93% Nasdaq" 0.9~
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Fulton Financial Corp. (FUL T)
Scottrade
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100
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At 11:23AM ET: 15.74 ..
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Date Open High Low Close Volume Adj
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13-Mar-06 17.23 17.50 17.19 17.38 195,900 16.41
10-Mar-06 17.05 17.25 17.05 17.25 246,000 16.29
· Close price adjusted for dividends and splits.
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KO: Historical Prices for COCA COLA CO THE - Yahoo! Finance
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Coca-Cola CO. (KO)
100
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TR:"::) E.3
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2. Fidelity
Scottrade
; ~ .~i :^>.~( "r(~ ~~(~ ~
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At 11:25AM ET: 43.45 "t
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Date Open High
13-Mar-06 42.59 42.80
13-Mar-06
10-Mar-06 42.62 42.93
low
Close
Volume
Adj
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42.41 42.49 6,751,100
$ 0.31 Dividend
42.53 42.77 7,699,500
42.49
42.46
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13-Mar-06 69.95 70.47 69.56 70.10 948,400 69.52
1 Q-Mar-06 69.10 70.13 69.01 69.98 950,900 69.41
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Schering-Plough Corp. (SGP)
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13-Mar-06 18.21 18.57 18.15 18.47 10,974,300 18.42
10-Mar-06 18.04 18.17 18.01 18.05 5,763,700 18.00
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.......IGOI
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13-Mar-06 34.38 34.66 34.13 34.32 8,795,200 33.92
10-Mar-06 34.00 34.24 33.90 34.19 9,774,400 33.79
· Close price adjusted for dividends and splits.
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The
JANE B. OLEW LER
LIVING TRU T
prepared for
JAMES, SMITH & D RKIN
Attorneys-at-La
134 Sipe Aveno
HommelstowlI, Pellllsylv nia 17036
(717) 533-3280 FAX (71 ) 533-2795
~ Jllmes, Smith & Do kin
All Rlgbts Reserve
~
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Article One
Article Two
Article Three
Article Four
Article Five
Article Six
Article Seven
Article Eight
I Article Nine
'~-
Article Ten
Article Eleven
Article Twelve
Article Thirteen
Article Fourteen
Article Fifteen
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JANE B. OLEWILER LIVING TRU T
Table of Contents
Trust Creation ..,................................... 1-1
The Trust Estate . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-1
Appointment of Trustees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3-1
Trustor's Lifetime Rights. .............................. 4-1
Trust Administration Upon My Death .......... ........... 5-1
Specific Distributions of Trust Property . . . . . . . .. ........... 6-1
Division into Survivor's Trust and Family Trust. . .. ........... 7-1
The Survivor's Trust. ................................. 8-1
The Family Trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9-1
Common Pot Trust . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10-1
Division and Distribution of Trust Property.
11-1
Distribution If No Designated Beneficiaries.
12-1
Trustee Administration ............................... 13-1
Trustee Investment Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-1
General Provisions. . . . . . . . . , . . . . . . . . . . . . .. .......... 15-1
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JANE B. OLEWILER LIVING TRU T
Article One
Trust Creation
Section 1. Parties to My Trust
This trust agreement dated JAN 1 0 1996 is made between J NE B. OLEWILER, the
Trustor, also known as JANE B. OLEWILER, and the following initial Tru tee(s):
JANE B. OLEWILER
DEAN B. OLEWILER
Section 2. Name of My Trust
This trust may be referred to as the:
JANE B. OLEWILER LIVING TRUST, dated JAM 1 0 1996
The formal name of my trust and the designation to be used for the trans er of title to the name
of my trust is:
JANE B. OLEWILER and DEAN B. OLEWILER, Trustees, or their sue essors in trust,
under the JANE B. OLEWILER LIVING TRUST dated JAN 1 1996 and any
amendments thereto
Section 3. Revoe'able Living Trust
My trust is a revocable living trust.
Section 4. Trustor as Trustee
Unless otherwise provided in this trust agreement, when I am serving as rustee under this trust,
I may conduct business and act on behalf of my trust without the consen of any other Trustee.
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Section 5. My Falnily
8. Marital Status
I am currently married and my spouse's name is DEAN
references to my spouse in this trust agreement are to him.
All
A. The name(s) and birth date(s) of the children of JANE B. LEWILER are:
Name
Birth
DEBORAH FERN SULLIVAN
DA VID BALL OLEWILER
SUSAN JANE PERRY
RACHEL ANN HOGAN
August 28, 1951
August 24, 1953
Decem er 18, 1955
March 1,1959
All references to the children of JANE B. OLEWILER in this instrum nt are to these
children and any children subsequently born to or adopted by he .
1-2
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Article Two
The Trust Estate
Section 1.
Initial Transfer of Property
I hereby assign, convey, transfer and deliver to my Trustee all property set forth on Schedule
"A", attached hereto, and made part of this trust agreement. My Truste acknowledges receipt
of all assets listed on the attached Schedule.
All assets titled in the name of my trust or in the name of my Trustee, bu not listed on Schedule
"A", shall be considered a part of my trust estate as if they had been se forth on the attached
Schedule.
Section 2.
Additional Transfer of Property
My Trustee is authorized to accept additional transfers of property inter sts of all kinds, at any
time in any manner by me or any other person or entity.
All property interests received by transfer, assignment, gift, bequest, devise or beneficiary
\ designation shall become a part of my trust estate unless disclaimed by y Trustee.
\_,
Section 3.
Com position of Trust Property
In addition to the property described in the previous Sections, my trust state shall include the
following:
a.
All insurance policies transferred to my trust or policie in which my
trust is named as beneficiary plus the proceeds of th08 policies;
b.
Any interest in any pension, retirement or death nefit, bonus,
profit-sharing or employee's savings plan 9r any si nilar contract
created or entered into by an employer for the benefit f some or all
employees which is transferred to my trust or in whi h my trust is
named as beneficiary and all proceeds of any such bene It, bonus, plan
or contract; and
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c.
Any other property or interest in property which beco les subject to
my trust.
Section 4.
Acceptance of Trust Property
All property transferred to my trust and not disclaimed by my Trustee sha I be held, administered
and distributed according to the terms of this agreement.
Section 5.
Trust Property Schedule
The trust property transferred to my trust is set forth on Schedule "A".
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Article Three
Appointment of Trustees
Section 1.
Definition of Trustee
All references in this agreement to "Trustee" shall be deemed a reference to the person or entity
who is then serving as Trustee and shall include alternate or successor T ustees or Co-Trustees
unless the context requires otherwise.
Section 2.
Resignation of a Trustee
Any Trustee may resign at any time without court approval by giving wr tten notice to me or to
my personal representatives. If I am not living, written notice shall be given to my successor
Trustee, or if there is no successor, to the beneficiaries then entitled to receive income or
principal distributions under this agreement, to their respective personal re resentatives, or if such
beneficiaries then be minors, to the persons having the care or custody f them.
Section 3.
Removal of a Trustee
Any Trustee may be removed under this agreement as follows:
a. While I am Both Alive and Competent
While I am both alive and legally competent, I shall have the r'ght to remove
any Trustee appointed under this agreement at any time with no r quirement that
the removed Trustee receive any reason for such termination.
b. Removal by Others
After my death or legal incompetency, any Trustee may be emoved by a
majority vote of the beneficiaries then entitled to receive inco e or principal
distributions under this trust agreement or their personal represe tatives at any
time for cause.
c. Notice to Removed Trustee
Written notice of removal under this agreement shall be effecti e immediately
when signed by the person or persons authorized to make th removal and
delivered to the Trustee personally or deposit by United States certified mail,
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return receipt requested. The written notice removing a Trustee hall designate
a successor Trustee.
d. Transfer of Trust Property
The Trustee so removed shall promptly transfer and deliver to the successor
Trustee all property of the trust under its possession and control
Section 4.
Designated Successor Trustees
Whenever a Trustee is removed, dies, resigns, becomes legally incapa itated, or is otherwise
unable or unwilling to serve, that Trustee shall be replaced as follows:
a. The Death or Disability of a Trustee While I a Serving as
Trustee
I may serve as the only Trustee or I may name any number of T stees to serve
with me. If any of these other Trustees subsequently die, resign, ecome legally
incapacitated or are otherwise unable or unwilling to serve as a rustee, I may
or may not fill the vacancy.
b.
Disability Trustees of JANE B. OLEWILER
Upon the disability of JANE B. OLEWILER, if she is then servi g as an initial
Trustee, she shall be replaced by the following Disability Trust e(s):
DEAN B. OLEWILER
If, for any reason, the Disability Trustee(s) nanled above are unab e or unwilling
to serve, the following successor Disability Trustee(s) shall erve until the
successor Disability Trustee(s) on the list have been exhausted. U less otherwise
specified, if Co-Disability Trustees are serving, the next folowing named
successor Disability Trustee shall serve only after all of the Co-Disability
Trustees cease to act as Trustees.
(I) DEBORAH FERN SULLIVAN; THEN
9) SUSAN JANE PERRY
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c. Death Trustees of JANE B. OLEWILER
I '
Upon the death of JANE B. OLEWILER, if she is then serving as an i itial Trustee,
she shall be replaced by the following Death Trustee(s):
DEAN B. OLEWILER
If, for any reason, the Death Trustee(s) named above are unable 0 unwilling to
serve, the following successor Death Trustee(s) shall serve until the successor
Death Trustee(s) on the list have been exhausted. Unless other ise specified,
if Co-Death Trustees are serving the next following named su cessor Death
Trustee shall serve only after all of the Co-Death Trustees case to act as
Trustees.
(1) DEBORAH FERN SULLIVAN; THEN
(2) SUSAN JANE PERRY
Section 5.
Definition of Disability
A Trustee shall be considered disabled in the event that a court of ompetent jurisdiction
determines that such Trustee is legally incompetent, or in the event hat a Trustee is not
adjudicated incompetent but, by reason of illness or mental disability, uch Trustee has been
certified by two licensed physicians to be unable to properly handle his r her own affairs.
Section 6.
No Designated Successor Trustees
If at any time there is no Trustee acting under this agreement and there is 0 person or institution
designated and qualified as a successor Trustee, a majority of the benefi iaries then eligible to
receive distributions of income or principal under this agreement or thei legal representatives
shall appoint a successor Trustee. If any trust existing under this agreem nt lacks a Trustee and
no successor is appointed pursuant to this Section, the vacancy shall b filled by a court of
competent jurisdiction.
Section 7.
Responsibility of Successor Trustees
A successor Trustee shall have the same rights, powers, duties, discretion and immunities as if
it had been named as initial Trustee under this agreement. No succ ssor Trustee shall be
personally liable for any act or failure to act of any predecessor Trustee r shall have any duty
to examine the records of any earlier Trustee. A successor Trustee m y accept the account
3-3
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rendered and the property delivered by or on behalf of a predecessor Trustee as a full and
complete discharge of the duties of the predecessor Trustee without incu ring any responsibility
or liability for so doing.
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Article Four
Trustor's Lifetime Rights
Section 1.
Rights While I am Alive and Legally Comp tent
During my lifetime while I am legally competent, I shall have the followi g powers over the trust
property and my Trustee:
a. Right to Trust Income
My Trustee shall pay to me or apply for my benefit all the net in orne from this
trust monthly or in other convenient installments as I may direc .
b. Right to Trust Principal
,
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My Trustee shall pay to me or apply for my benefit such s ms from the
principal of this trust as I may direct. I may not, however, direct my Trustee to
make gifts from trust property to thi"rd parties. If my Trustee inadvertently
makes a distribution I intended as a gift directly from the trust t a third party,
that distribution shall be construed as a distribution to me first th n a gift to the
third party from me.
c. Right to Add and Remove Property
By written direction delivered to my Trustee, I may add other operty to my
trust or withdraw property in any amount and at any time.
d. Right to Amend or Revoke My Trust
I shall have the right to amend, modify, alter, revoke or termin e my trust or
any separate trusts created under this agreement at any time in wI ole or in part.
Any amendment or revocation of this trust agreement must be d livered to my
Trustee in writing. The power to amend, revoke or terminat this trust is
personal to me and may not be exercised by any other person or entity.
After my death, this trust or any trust created by this agree ent shall be
irrevocable and not subject to amendment.
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e. Delivery of Property After Revocation
After any revocation or termination of any trust created by this greement my
Trustee shall promptly deliver the designated trust property to m .
f. Trustee's Retention of Assets Upon Revocation
In the event of any revocation of all or part of my trust, my T ustee shall be
entitled to retain sufficient assets to reasonably secure the payme t of liabilities
my Trustee has lawfully incurred in administering the trust an any fees that
have been earned by my Trustee until such time as those liabili ies have been
discharged and fees paid, unless I indemnify my Trustee against I ss or expense.
Section 2.
Power to Direct Investments
I shall have the right to direct investments of trust property as follows:
a. Invest trust funds in specified securities, properties or ther forms of
investment;
b.
Retain as part of the trust estate for specified pe iods of time
securities, properties or other forms of investment held in trust under
this instrument; and
c. Sell, encumber, lease, abandon or dispose of any trust roperty.
My Trustee shall not be liable for any losses sustained as a dir ct or indirect
result of any action taken in accordance with the terms of the wr tten direction.
All directions shall be in a writing signed by me, specifying, if applicable the
period of time during which the instructions shall remain in effect nd describing
any other conditions affecting the directions.
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Section 3.
Trustor's Rights During Disability
a. Disability Defined
I shall be considered disabled in the event a court of compe nt jurisdiction
determines that I am legally incompetent or, in the event that I am not
adjudicated incompetent but by reason of illness or mental disabi ity, I am in the
opinion of two licensed physicians unable to properly handle y own affairs.
b. Income and Principal Distributions
My Trustee during the period of a a Trustor's disability shall pa to or apply for
that Trustor's benefit as much of the net income and principal 0 my trust estate
as my Trustee in its sole discretion shall deem necessary or ad isable.
c. Payment of Obligations
My Trustee during the period of my disability shall from time t time, pay my
valid obligations, my medical expenses and provide for y comfortable
maintenance and welfare taking into consideration my other inco e or resources.
d.
Income and Principal Distributions for Spouse
My Trustee shall pay to or apply for the benefit of my spouse s much of the
principal and net income of my trust estate as my Trustee in its sole discretion
shall deem necessary or advisable from time to time for my souse's health,
maintenance~ support and education, taking into consideration h other income
or resources.
e. Trustee Guidelines
In making distributions under this Section my Trustee shall give primary
consideration to my needs and secondary consideration to th needs of my
spouse.
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f.
Tax Planning
During my life if I should become disabled, my Trustee ma exercise the
following powers as attorney in fact on my behalf, either alone or n conjunction
with any other attorney in fact under a durable power of aU rney, but the
primary concern of my Trustee shall be for my welfare and seco darily for the
welfare of my lineal descendants for tax plalming:
1. My Trustee may make additional distributions to m
lineal descendants equally by class for the purpos
of continuing any gift program initiated by m
which my Trustee reasonably determines wit
achieve beneficial results for estate and/or incom
tax planning purposes.
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2. My Trustee may initiate a gift program on m
behalf which my Trustee reasonably determines wil
achieve beneficial results for estate and/or incom
tax planning purposes by making distributions to m
lineal descendants equally by class so long as suc
distributions are made in the form which qualify fo
and are limited to the annual exclusion for federa
gift tax purposes.
3. During any period when I am disabled, my Truste
shall be under no obligation to initiate, recommen
or consider any tax planning objective or progran
for me and any exercise of its discretion in thi
regard when conducted in good faith shall no
subject it to liability to any person affected thereby
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Section 4.
Exercise of Trustor's Rights and Powers by thers
Any right or power that I could exercise personally under the terms of thi agreement except the
power to amend, revoke or terminate any trust created by this agreement may be exercised for
and on behalf of me by any attorney in fact who, at the time of the exer ise, is duly appointed
and acting for me under a valid and enforceable durable power of attorn y executed by me or,
if there is no such attorney in fact, by my duly appointed and acting co servator after petition
to a court of competent jurisdiction.
The power to amend, revoke or terminate any trust created by this agree ent is personal to me
and may not be exercised by any other person or entity.
Section 5.
Rights Concerning Standby Property
It is contemplated that certain assets may be added to the trust estate fro time to time with the
possession and control thereof retained by or redelivered to me. If I exe ute and deliver to my
Trustee an instrument effectively transferring such assets to my Trustee to ether with any further
documentation necessary to effect the record transfer thereof, in the vent of my death or
incapacity the assets shall be deemed to be assets of the trust estate a d held by me as the
nominee of my Trustee. During the period such assets are in my possessi n they shall be subject
to the following terms and conditions:
L
a.
I may receive directly and devote to my own use and be eftt
any dividends, interest, income or distributions from or pon
such assets and neither I nor my Trustee shall have any uty
of accounting to the other or to any other person with re ard
thereto.
b. Any sale, exchange or other transfer of such assets b
shall constitute a withdrawal of such assets from the rust
estate and my Trustee shall have no further interest th rein
or duties with regard thereto. Though not a cond'tion
precedent to any such withdrawal, I agree to notify my
Trustee of all such withdrawals.
4-5
c.
\..,.
I shall be responsible for the reporting of the income rom
such assets to the appropriate taxing authorities an my
Trustee shall have no responsibility for including such
income on any fiduciary returns prepared by it or fo the
preparation of any other income tax return with re pect
thereto unless I duly notify my Trustee of such income i ems
and a full and adequate accounting thereof is made and
presented to my Trustee.
d. I shall protect and indemnify my Trustee against all 10 ses,
liabilities and expenses which may result direct! or
indirectly from my use, possession, management or co trol
of such assets.
e.
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Section 6.
Upon my death or incapacity, my Trustee shall be entitl d to
the possession thereof and thereafter shall have all the ri hts,
powers and duties with respect to such assets whic are
otherwise granted to my Trustee herein. It is understoo that
my Trustee shall be responsible only for the assets hich
actually come into its possession and control. Howev r, it
is also understood that my Trustee shall use any reaso able
and prudent means to secure possession of any trust ass ts of
which it has knowledge. My Trustee shall have no uty,
accountability or responsibility to me or to any other p rson
with respect to any assets of which it has no knowled e or
of which it is unable to obtain possession and control.
Trustorffrustee Bank Accounts
It is contemplated that I may establish a joint bank account or account with my Trustee and
create powers of attorney in respect thereof in other persons. Deposits f1 m time to time made
by me or other authorized persons into such an account shall constitute tfa sfers to the trust estate
and withdrawals therefrom which may be made without the co-signatur of my Trustee shall
constitute withdrawals from the trust estate. However, my capacity and ot er authorized persons
with respect to any such account shall be that of nominee of my Trustee ot co-owner. At any
given time the trust estate shall include the then balance of any such ace unt.
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Section 7.
Life Insurance Policies and Retirement Plan
Unless otherwise provided in this trust agreement or elsewhere, I shall ha e all powers over life
insurance policies and retirement benefits owned by or made payable to y trust, including the
following:
a. Payment of Premiums
I shall be responsible for the payment of premiums and other ch rges on each
policy or insurance owned by or made payable to my trust. My Trustee shall
have no duty to make any payment or be responsible to determine whether such
payments have been made.
b. Custody of Policies
My Trustee shall not be responsible for the custody or safekeepi g of any life
insurance policy before its actual delivery to my Trustee nor after ts withdrawal
by its owner.
c. Change Beneficiaries
I shall have the right to change the beneficiary and to receive an dividends or
other earnings of such policies or plans without accountability t erefor to my
Trustee or any beneficiary in this agreement.
d. Assignment
I may assign any policy or plan benefits to any lender to the exte t allowed by
law including my Trustee as security for any loan to me or any 0 her person.
e. Surrendered Policies
If any life insurance policy is surrendered or if the beneficiary of any policy is
changed, this trust agreement shall be revoked with respect to such policy.
However, no revocation of the trust with respect to any policy wh ther pursuant
to the provisions of the preceding sentence or otherwise shall be eective unless
the surrender or change in beneficiary of the policy is accepted by he insurance
company.
Section 8.
Undistributed Net Income
Any net income not distributed under the provisions of this Article shall be added to the trust
principal.
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Article Five
Trust Administration Upon My D ath
Section 1.
Trustees Discretion to Pay My Debts and
After my death my Trustee in its sole discretion may pay all or an part of my following
expenses, debts, claims and taxes becoming due or payable by reason 0 my death:
a. My final medical expenses and all funeral costs;
b. Legally enforceable claims against me or my estate;
c. Reasonable expenses of administration of this trust a d my probate
estate, if any;
d. Any allowances mandated by a court of competent juris iction to those
dependent upon me;
e. Any estate, inheritance, succession, death or similar ta es payable by
reason of my death; and
f.
Any penalties or interest on any of the above claims, debts or taxes
owed by me or my estate.
Section 2.
Payment by My Trustee or by My Personal Representative
My Trustee in its sole discretion may make distributions authorized u der this Article either
directly to the person or entities to whom payment is owed or to the per onal representative of
my probate estate. Written statements by my personal representative that uch sums are due and
payable by my estate shall be sufficient evidence of their amount and prop iety for the protection
of my Trustee. My Trustee shall be under no duty to see to the applicatio of any such payments
made to my personal representative.
Section 3.
Tax Elections
With regard to the payment of any income tax, gift tax, estate tax, inheri ance tax or any other
tax required because of my death, my Trustee shall have the right to make ny available elections
allowed under the law. My Trustee is authorized to sign and file any tax r turn required because
of my death.
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Section 4.
Payment of Death Taxes, Claims and Expel ses
a. Payment out of Trust Property
All death taxes, claims and expenses payable under the provisions of this Article
shall be paid by my Trustee out of the trust estate except as specifically provided
for elsewhere in this agreement.
b. Exception for Property Passing Outside of Trust
Notwithstandi'ng any other provision in my trust, all death tax s, claims and
expenses incurred by reason of assets passing outside of my t st or probate
estate shall be assessed against those persons receiving such pro erty.
c. No Payment from Survivor's Share
Notwithstanding any other provision in my trust unless all other ssets available
to my Trustee have been exhausted, all death taxes, claims and ex enses payable
under the provisions of this Article shall not be paid from the S rvivor's Trust
as defined in Article Eight or from any property passing to my s rviving spouse
that qualifies for the federal estate tax marital deduction.
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Article Six
Specific Distributions of Trust Pro erty
Section 1.
No Specific Distributions
My Trustee shall make no specific distributions of trust property to any eneficiaries under this
trust agreement upon my death. All distributions of trust property shall e made in the Articles
that follow.
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Article Seven
Division into Survivor's Trust and Fam.ly Trust
Section 1.
Division of the Trust Estate
Upon my death my Trustee shall allocate and distribute the remaining tru t estate including any
property that becomes distributable or payable to my Trustee at my death i to two separate shares
to be identified as the Survivor's Share and the Family Share.
a. Property Transferred to the Survivor's Share
The Survivor's Share shall consist of assets having a value equal to the
minimum amount necessary to eliminate or to reduce to the m imum extent
possible any federal estate tax at my death, taking into account t le following:
1. The net value for federal estate tax purposes of all ther
property that passes or has passed to my survi ing
spouse under this trust agreement, my probate esta e or
otherwise that qualifies for the federal estate tax m rital
deduction;
2. All federal estate tax deductions actually allowed
than the marital deduction;
3. The unified credit available to my estate;
4. The credit for state death taxes available to my esta , to
the extent that the use of that credit does not result n or
increase any death tax payable to any state; and
5. Any other allowable credits available to my e tate,
except the credit for tax on prior transfers fro a
"transferor", as defined in Internal Revenue ode
Section 2013, who dies within two years after the date
of my death but only to the extent that those credi s do
not disqualify this gift from receiving the m rital
deduction.
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b. Survivor's Share to be Administered as Survivor's Trust
The Survivor's Share shall be held, administered and distributed ccording to the
provisions of the Survivor's Trust as set forth in Article Eig t of this trust
agreement.
c. Property Transferred to the Family Share
The Family Share shall consist of all assets not distributed to the Survivor's
Share.
d. Family Share to be Administered as Family Trust
The Family Share shall be held, administered and distributed a cording to the
provisions of the Family Trust as set forth in Article Nin of this trust
agreement.
Section 2.
Allocation and Valuation of Assets
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In allocating assets between the Survivor's Share and the Family Share, y Trustee shall allocate
the trust assets that qualify for the marital deduction between the Survivor s Share and the Family
Share in cash or in kind or partly in each on a pro rata or non pro rata basis and in undivided
interests or not; subject, however, to the following:
a. Qualification for Marital Deduction
Only assets that qualify for the marital deduction shall be a located to the
Survivor's Share.
b. Valuations of Allocations in Kind
Assets allocated in kind shall be deemed to satisfy the marital de uction anlotmt
on the basis of their values as finally determined for federal est te tax purposes
provided, however, that my Trustee shall act impartially, onsistent with
equitable principles requiring impartiality among beneficiaries in Ilocating assets
in satisfaction of the marital deduction share so that any distribu ion of assets in
satisfaction of the marital deduction share shall be made of asset including cash
fairly representative of appreciation or depreciation in the value of all property
thus available for distribution.
c. Income
The Survivor's Share shall be entitled to a pro rata share of the income earned
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on deceased Trustor's residuary probate and trust assets fto the date of
deceased Trustor's death including a share of income earned on ssets used to
discharge liabilities.
d. Foreign Death Tax Credit
My Trustee shall not allocate assets that qualify for the foreign d ath tax credit
to the Survivor's Share unless all other assets or interests available for allocation
have been so allocated.
e. Insurance on the Life of My Surviving Spouse
My Trustee shall not allocate any policy of insurance on the life 0 my surviving
spouse to the Survivor's Share that is my separate property.
f. Insurance on the Lives of Others
Any incidents of ownership to a policy of insurance on the life of
than me shall be allocated to the Family Share.
g. Lack of Property to Fully Fund the Survivor's Sha e
If there is insufficient property qualifying for the federal esta e tax marital
deduction to fully fund the Survivor's Share, the funding to the Su ivor's Share
shall be reduced accordingly.
Section 3.
Intention that Survivor's Share Qualify for arital Deduction
I intend that the Survivor's Share qualify for the federal estate tax mar' al deduction and this
agreement shall be construed accordingly. All other provisions of this tr 1st agreement shall be
subordinate to that intent. If the granting of any right, power, privilege, uthority, or immunity
to my Trustee or another person and the imposition of any duty upon y Trustee or another
person by any provision of this trust agreement would disqualify any hare or interest of a
beneficiary hereunder from qualifying for the federal estate tax marital eduction provided by
Section 2056 of the Code, such provision shall be ineffective if and to tI extent that the same
if effective would so disqualify such share or interest. The provisions of this Section shall also
apply to my probate estate, personal representative and all beneficiaries, evisees and legatees.
Notwithstanding any other provision in this trust agreement to the contrar , my surviving spouse
at any time shall have the right to direct my Trustee in writing to conve t within a reasonable
time any unproductive trust property to income producing property.
Section 4.
Disclaimer of Property.
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Any property or portion of property that is disclaimed by my surviving spouse shall be held,
administered or distributed according to the following terms:
a. Property Disclaimed
My surviving spouse may disclaim any property held or distribute to or for the
benefit of my surviving spouse under this trust agreement.
b. Time to Disclaim
My survIvmg spouse may disclaim within the time limits a d under the
conditions permitted by the laws regulating disclaimers.
c. Delivery of Disclaimer to My Trustee
A disclaimer by my surviving spouse" may be exercised by the livery to my
Trustee of an irrevocable and unconditional refusal to accept any r all property
interests passing to my surviving spouse or the Survivor's Share.
d. Disclaimer of Survivor's Share
If my surviving spouse exercises a disclaimer with respect to any r all property
set aside as the Survivor's Share, such disclaimed interest shall b added to the
Family Share.
e. Disclaimer of Family Sbare
If my surviving spouse exercises a disclaimer with respect to any r all property
set aside as the Family Share, such disclaimed interest shall be dis ributed under
the relevant terms of this agreement as though my survivin spouse had
predeceased me.
Section 5.
Retirement Accounts
If my Trustee is named the beneficiary of an interest in one or more pIa s which are qualified
under Internal Revenue Code Section 40 I or one or more Individual Retirement Accounts
qualified under Internal Revenue Code Section 408 (hereinafter "Retireme t Accounts"), then my
Trustee shall allocate the benefits payable fro111 such Retirement Accounts 0 the Survivor's Trust
(or a share hereunder) without underfunding the Family Trust, if possibl .
Furthermore, if one or more Retirement Accounts are distributed to th Survivor's Trust in
installment payments, the following provisions shall apply:
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B. Amount To Be Distributed
My Trustee shall pay to or apply for the sole benefit of my survi ing spouse, at
least quarterly, the greater of (i) all of the net income earned by t e Retirement
Account, or (ii) the amount required to be distributed from su h Retirement
Acco~nt under Internal Revenue Code-Section 401(a)(9). My Tr stee shall take
all of the necessary action to cause the Retirement Account to distribute to the
Survivor's Trust the amount required to be distributed to the Sur iving Trustor
under this paragraph.
b. Qualifying Income Interest
My Trustee shall take all of the necessary action to assure that the interest of my
surviving spouse qualifies as a qualifying income interest for Ii e pursuant to
Internal Revenue Code Section2056(b )(7).
c. Principal and Income Allocation
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My Trustee shall allocate to the income of the Survivor's Trust all of the net
income earned by the Retirement Account and paid to that trus regardless of
whether the Retirement Account is allocated to principal for tr st accounting
purposes. My Trustee shall allocate to principal of the Survivor's rust all other
distributions from the Retirement Account.
d. Underproductive Property
The surviving spouse shall have the power to direct my Trustee 0 compel any
Retirement Account from which distributions are made to the S rvivor's Trust
to be invested in income-producing assets.
e. Power to Accelerate Distributions
My Trustee shall elect an option under each Retirement Accoun which allows
my Trustee in its discretion to accelerate distributions and to recei e one or more
lump sum payments from such Retirement Account so that my rustee has the
flexibility to withdraw principal in its discretion from the Retire ent Account.
If such an <?ption is not available under the Retirement AccoUl t, my Trustee
shall take all of the necessary action to cause such Retirement ccount to be
transferred to an Individual Retirement Account which offers such flexibility and
which is titled in the participant's name and is qualified under Int rnal Revenue
Code Section 408; provided however, that such transfer is no treated as a
taxable distribution for income tax purposes.
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Article Eight
Survivor's Trust
Section 1.
Rights of Surviving Spouse in the Survivor' Trust
My Trustee shall hold, administer and distribute the assets of Survivor's Trust as follows:
a. Payment of Income
My Trustee shall pay to or apply for the benefit of the surviving pouse so long
as the surviving spouse lives the entire net income of the Survi or's Trust in
monthly or other convenient installments agreed upon by the su iving spouse
and my Trustee, but not less often than annually.
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If my Trustee is entitled to payments from any Retirement Ac ount, it shall
allocate to income from payments received in any calendar year an amount equal
to the income earned by the account in such year, and any e cess shall be
allocated to principal, and if the payments in such year shall b less than the
amount equal to the income earned by the account in such year, my surviving
spouse shall have the continuing right to require my Trustee to ithdraw from
the account and pay to him/her as income an additional amount so that he/she
can be paid an amount equal to such income. Notwithstanding the preceding
sentence, if the Internal Revenue Service should determine that for the
Survivor's Trust to qualify for the marital deduction all of the inc me earned by
the account does not have to be distributed to my surviving spous or be subject
to his/her withdrawal right, then only the amount required for suc qualification
shall thereafter be distributed to him/her or be subject to his/h r withdrawal
right.
b. General Power of Appointment Over Undistributed Net Income
Upon the death of the surviving spouse, my Trustee shall distri ute all of the
trust property, including the trust principal and accrued and undistributed
income, to any person or entity and upon any trust, terms and co ditions, or to
or in favor of the estate of the surviving spouse as the survivin spouse may
direct by his or her last will or living trust agreement. No e ercise of this
general power of appointment shall be effective unless it refer to this trust
agreement and expressly indicates an intention to exercise this ge eral power of
appointment. My Trustee may rely upon any instrument admitte to probate as
the last will of the surviving spouse in carrying out the terms 0 the power of
appointment and shall not be liable for any good faith act in reli nce upon that
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will even if for any reason it is later determined to be invalid wit respect to its
purported exercise of this power of appointment. If my Truste receives no
notice of the existence of a will of the surviving spouse within s x (6) months
after the death of the surviving spouse, my Trustee may distribute he trust assets
and income as though this power of appointment had not been xercised and
shall in that event be conclusively presumed to have acted in go d faith, even
if a valid will is thereafter discovered~
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c. Discretionary Payment of Principal
At any time or times during the trust term my Trustee shall pay t or apply for
the benefit of the surviving spouse so much of the principal of e Survivor's
Trust as my Trustee deems proper for the surviving sp se's health,
maintenance, support and education. In exercising discretion my Trustee shall
give the consideration that my Trustee deems proper to all oth income and
resources then readily available to the surviving spouse for se for these
purposes that are then known to my Trustee.
d. Limited Power of Appointment
By either a last will or by a living trust agreement the survivin spouse shall
have the limited testamentary power to appoint to or for the enefit of my
descendants some or all of the principal and any accrued but un istributed net
income of Survivor's Trust as it exists at the death of the survivin spouse. The
surviving spouse may appoint trust assets under this limited testal entary power
among my descendants in equal or unequal amounts, either dire tly or in trust
as the surviving spouse directs.
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This limited testamentary power of appointment shall not be exe ised in favor
of the surviving spouse's estate, the creditors of the survivin spouse, the
creditors of the surviving spouse's estate or in any way which ould result in
any economic benefit to the surviving spouse.
Section 2.
Trustee's Discretion to Pay Debts and Taxes
The Survivor's Trust shall terminate upon the death of the surviving spo se. My Trustee, shall
hold and administer the unappointed balance or remainder of the Surviv r's Trust as follows:
a. Surviving Spouse's Debts and Taxes
My Trustee, in its sole discretion, may pay all or any part of the surviving
spouse's following expenses, debts, claims and taxes becoming e or payable
by reason of the surviving spouse's death:
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1. Final medical expenses and all funeral costs;
2. Legally enforceable claims against the surviving sp use
or the surviving spouse's estate;
3. Reasonable expenses of administration of this trust and
the surviving spouse's probate estate if any;
4. Any allowances mandated by a court of comp tent
jurisdiction to those dependent upon the survi iug
spouse;
5. Any estate, inheritance, succession, death or si Har
taxes payable by reason of the death of the survi ing
spouse; and
6. Any penalties or interest on any of the above cia ms,
debts or taxes owed by the surviving spouse or the
surviving spouse's estate.
Section 3.
Payment by My Trustee or Personal Repres ntative
t\,,_ My Trustee in its sole discretion may make distributions authorized un er this Article either
directly to the person or entities to whom payment is owed or to the per onal representative of
the surviving spouse's probate estate. Written statements by the survi ing spouse's personal
representative that such sums are due and payable by the estate shall be sufficient evidence of
their amount and propriety for the protection of my Trustee. My Trustee hall be under no duty
to see to the application of any such payments made to the survivi g spouse's personal
representative.
Section 4.
, Tax Elections
With regard to the payment of any income tax, gift tax, estate tax, inheri ance tax or any other
. .
tax required because of the death of the surviving spouse, my Trustee shall lave the right to make
any available elections allowed under the law. My Trustee is authorized t sign and file any tax
return required because of the death of the surviving spouse.
Section 5.
Administration of Survivor's Trust Remain er
After payment of debts, expenses and taxes, my Trustee shall hol and administer the
unappointed balance or remainder of the Survivor's Trust as provided in t e Articles that follow.
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Article Nine
Family Trust
Section 1.
Rights of Surviving Spouse in the Family Tr 1st
My Trustee shall hold, administer and distribute the assets of the Family rust as follows:
a. Payment of Income
My Trustee shall pay to or apply for the benefit of my surviving souse, so long
as my surviving spouse lives, the entire net income of the Fa ily Trust, in
monthly or other convenient installments agreed upon by my sur iving spouse
and my Trustee, but not less often t1u~n annually.
b. Discretionary Payment of Principal
At any time or times during the trust term, my Trustee shall pay t or apply for
the benefit of my surviving spouse so much of the principal of the Family Trust
as my Trustee, in its discretion, deems proper for my surviving sp use's health,
maintenance, support and education.
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c.
Guidelines for Trustee's Discretion
No amount paid or applied need thereafter be repaid to my Trust e or restored
to my trust. In exercising discretion, my Trustee shall give the consideration
that my Trustee deems proper to all other income and resources t at are known
to my Trustee and that are readily available to my surviving spou e for use for
these purposes. My Trustee shall accumulate and add to prin ipal any net
income not distributed.
d. Surviving Spouse's Right to Withdraw Principal
My surviving spouse shall have the power to withdraw from the Family Trust
principal each calendar year those amounts that shall not exceed he greater of
five thousand dollars ($5,000) or five (5) percent of the assets, va ued as of the
end of the preceding calendar year. My surviving spouse shall exercise this
power by a written instrument signed by him or her and delivered t my Trustee.
This power is noncumulative and to the extent it is not exercised y the end of
January of each calendar year, it shall lapse. This power shall e ist each year
until the death of my surviving spouse.
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Section 2.
Termination of the Family Trust
On the death of my surviving spouse, the Family Trust shall terminate. 11 undistributed trust
assets, including any accrued and undistributed net income, shall be hId, administered and
distributed in the Articles that follow.
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Article Ten
Common Pot Trust
After the death of the Trustor my Trustee shall not create a Common Pot Trust. All trust
property that has not been distributed under prior Articles of this trust ag eement shall be held,
administered, divided and distributed according to the provisions of the rticles that follow.
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Article Eleven
Division and Distribution of Trust Pr perty
Section 1.
Division of Trust Prop~rty Into Shares
My Trustee shall divide all trust property not previously distributed i to separate shares as
follows:
Beneficiary Name
DEBORAH FERN SULLIVAN
DA VID BALL OLEWILER
SUSAN JANE PERRY
RACHEL ANN HOGAN
Section 2.
Distribution of Trust Shares for My Benefic aries
Share
25%
25%
25%
25%
The trust share of each beneficiary named in Section 1. of this Article wh survives me shall be
held, administered and distributed as follows:
a. Distribution of Trust Share for Deborah Fem Sullivan
The trust share set aside for Deborah Fern Sullivan shall be held, ad. inistered and
distributed as follows:
1. Distributions of Net Income
My Trustee shall immediately pay to, or apply for the
benefit of such beneficiary all accumulated net income, free
of the trust.
2. Distributions of Principal
My Trustee shall immediately pay to, or apply for the
benefit of, Deborah Fern Sullivan all principal, free of the t ust.
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3. Distribution on Death of Beneficiary
If such beneficiary should die before the com lete
distribution of the trust share, such trust shall terminat and
my Trustee shall distribute the balance of the trust pro erty
to such beneficiary's then living descendants per stirpe .
If such beneficiary has no then living descendants, my
Trustee shall distribute the balance of the trust prope y to
my then living descendants per stirpes.
If I have no then living descendants, my Trustee
distribute the balance of the trust property as provided
the Articles that follow.
b. Distribution of Trust Share for David Ball Olewiler
The trust share set aside for David Ball Olewiler shall be held, ad inistered and
distributed as follows:
I.
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1. Distributions of Net Income
My Trustee shall immediately pay to, or apply fo the
benefit of such beneficiary all accumulated net income, free
of the trust.
2. Distributions of Principal
My Trustee shall immediately pay to, or apply fo the
benefit of, David Ball Olewiler all principal, free of the t ust.
3. Distribution on Death of Beneficiary
If such beneficiary should die before the com lete
distribution of the trust share, such trust shall terminat and
my Trustee shall distribute the balance of the trust pro erty
to such beneficiary's then living descendants per stirp s.
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If such beneficiary has no then living descendants, my
Trustee shall distribute the balance of the trust prope y to
my then living descendants per stirpes.
If I have no then living descendants, my Trustee
distribute the balance of the trust property as provided
the Articles that follow.
c. Distribution of Trust Share for Susan Jane Perry
The trust share set aside for Susan Jane Perry shall be held, ad inistered and
distributed as follows:
1. Distributions of Net Income
My Trustee shall immediately pay to, or apply fo the
benefit of such beneficiary all accumulated net income, free
of the trust.
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2. Distributions of Principal
My Trustee shall immediately pay to, or apply fo the
benefit of, Susan Jane Perry all principal, free of the trus .
3. Distribution on Death of Beneficiary
If such beneficiary should die before the com lete
distribution of the trust share, such trust shall terminat and
my Trustee shall distribute the balance of the trust pro erty
to such beneficiary's then living descendants per stirp s.
If such beneficiary has no then living descendants my
Trustee shall distribute the balance of the trust prope y to
my then living descendants per stirpes.
If I have no then living descendants, my Trustee
distribute the balance of the trust property as provided
the Articles that follow.
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d. Distribution of Trust Share for Rachel Ann Hogan
The trust share set aside for Rachel Ann Hogan shall be held, a ministered and
distributed as follows:
1. Distributions of Net Income
My Trustee shall apply to, or for the benefit of, such
beneficiary, at least monthly, all of the net income fro such
trust share.
2. Distributions of Principal
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My Trustee, in its sole and absolute discretion, shall
to, or for the benefit of, RACHEL ANN HOGAN so m
the principal from their trust share as my Trustee eems
advisable for the education, health, maintenance and su port.
3. Distribution on Death of Beneficiary
If such beneficiary should die before the co plete
distribution of the trust share, such trust shall terminat and
my Trustee shall distribute the balance of the trust pr perty
to such beneficiary's then living descendants per stirp s.
If such beneficiary has no then living descendants my
Trustee shall distribute the balance of the trust prope y to
my then living descendants per stirpes.
If I have no then living descendants, my Trustee
distribute the balance of the trust property as provided or in
the Articles that follow. .~
Section 3.
Distribution of Trust Share for Descendant of Deceased Child
My Trustee shall promptly distribute free of the trust all accumulated n t income and principal
of the trust share set aside for each of my deceased children to their escendants if any per
stirpes.
If any such descendant dies before the complete distribution of his r her trust share, that
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descendant's trust share shall terminate and my Trustee shall distribute the balance of the trust
property to such descendant's then living descendants, per stirpes. If suc descendant has no then
living descendants, my Trustee shall distribute the balance of the trust pr perty to my then living
descendants, per stirpes. If I have no then living descendants, our Tr stee shall distribute the
balance of the trust property as provided for in the Articles that follow.
Section 4.
Distributions to Underage or Disabled Ben
Notwithstanding any other provision in this trust agreement, if any pers n otherwise entitled to
receive a distribution of trust property is under 25 years of age or is men ally disabled or legally
incompetent as defined in Article Fifteen, my Trustee shall retain and dminister that person's
trust property for his or her benefit as follows:
a. My Trustee's Discretion
My Trustee may pay to or apply for the benefit of such benefici ry so much of
the net income and principal of the trust as my Trustee in its d scretion deems
proper considering all other sources of income and resources a ailable to such
beneficiary and known to my Trustee.
b. Payments Made to Beneficiary or Personal Repres ntative
My Trustee is authorized to make payments under this Section ether directly to
the beneficiary, to the beneficiary's ..personal representative 0 to any other
person my Trustee may deem proper to be used for the benefit of the beneficiary
and for the downpayment of a home or business.
c. Trustee's Decisions are Final
All decisions by my Trustee as to those it makes payment to, e purposes for
which these payments are made, and the amounts to be paid out of the trust are
within my Trustee's sole hut reasonable discretion.
d. Undistributed Net Income
All undistributed net income shall be accumulated and added to e principal of
the trust.
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e.
Termination and Distribution
My Trustee shall distribute the trust property to a beneficiary un er this Section
when such beneficiary reaches age 25 or when he or she is no onger disabled
as determined by a court of competent jurisdiction or upon certi lcation by two
licensed physicians that such beneficiary is able to properly car for his or her
property and person.
f. Death of Disabled or Underage Beneficiary
Upon the death of a beneficiary under this Section my Trustee hall distribute
all of such beneficiary's remaining trust share including the tru principal and
accrued and undistributed income to any person or entity and pon any trust,
terms and conditions or to or in favor of the estate of such decea ed beneficiary
as he or she may direct by his or he~ last will or living trust greement. No
exercise of this general power of appointment shall be effective unless it refers
to this trust agreement and expressly indicates an intention t exercise this
general power of appointment.
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Article Twelve
Distribution if No Designated Benefi iaries
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NONE
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Article Thirteen
Trustee Administration
Section 1.
Co-Trustees to Act by Majority Vote
At any time that there are two or more Trustees serving under this agr ement they shall act by
majority vote and any exercise of a power or discretion by a majority 0 the Trustees shall have
the same effect as an exercise by all of them.
If the Trustees are not able to reach agreement on any decision as set 1:1 rth in this Section they
shall petition a court of competent jurisdiction for instructions and sha I take no action on the
disputed matter until a court order deciding th.,e issue has been rendere .
Section 2.
Power to Delegate
Notwithstanding any other provision of this agreement, anyone or m re of the Co-Trustees
serving under this agreement may from time to time delegate to ano er Co-Trustee or Co-
Trustees routine acts of trust administration.
Section 3.
No Bond Required
No Trustee under this agreement shall be required to post any bond for t e faithful performance
of its responsibilities.
Section 4.
Trustee Compensation
My Trustee shall be entitled to reasonable compensation for services re dered payable without
the need for a court order. In calculating the amount of compensation customary charges for
similar services in the same geographic area for the same time period shall be used as guidelines.
My Trustee shall also be entitled to reimbursement for reasonable costs and expenses incurred
during the exercise of its duties under this agreement.
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Any corporate fiduciary shall be entitled to receive compensation for it services in accordance
with its published fee schedule in effect from time to time.
Section 5.
Change in Corporate Trustee
Any corporate successor to the trust business of any corporate T
agreement or acting hereunder shall succeed to the capacity of its
conveyance or transfer of trust property.
Section 6.
Power to Divide or Combine Trusts
tee named under this
redecessor without re-
My Trustee shall have the power to divide a single trust into sepa ate shares each to be
administered in accordance with the terms and conditions of the singl trust from which they
were created when my Trustee in its discretion determines that division s desirable or advisable
in view of tax considerations, including considerations related to the inc me tax, the gift tax, the
estate tax or the generation-skipping transfer tax or other objectives of the trusts and their
beneficiaries.
My Trustee shall not be required to make a physical segregation or divi ion of the various trust
shares created under this trust agreement except as segregation or divis on may be required by
reason of the termination and distribution of any of the trusts, but my Tr stee shall keep separate
accounts and records for different undivided interests.
l.,
My Trustee in its discretion shall have the further power to combine tw or more trusts having
substantially the same terms into a single trust for purposes of administr tion, when tax or other
factors indicate that such combination would be desirable or advisable.
In deciding whether to combine trusts, my Trustee should consider he generation-skipping
"inclusion ratio" of the trusts to be combined. Trusts having the same nclusion ratios may be
combined. Trusts having different inclusion ratios should generally not e combined unless their
inclusion ratios are maintained unchanged through substantially separate and independent shares
of different beneficiaries, within the meaning of I.R.C. Section 2654 b), and the applicable
regulations thereunder.
Specifically, my Trustee has the authority to allocate any portion of my e mptions under Internal
Revenue Code Section 2631(a) to property as to which I am the transferor including any property
transferred by me during my lifetime as to which I did not make an alloc tion prior to my death,
and my Trustee has the authority to make the special election under ntemal Revenue Code
Section 2652(a)(3). If Internal Revenue Code Section 2631(a) or 2652 a)(3) is not interpreted
as to allow a Trustee to exercise such election, then my personal represe tatives is authorized to
allocate my exemptions and to exercise the sald special election.
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If my Trustee considers that any distribution from a trust or share hereu der, other than pursuant
to a power to withdraw or appoint, is a taxable distribution ubject to the federal
generation-skipping transfer tax payable by the distributee, my T stee may increase the
distribution by an amount which my Trustee would estimate to be suffi ient to pay that tax, and
shall charge the same against the trust or share to which the tax relates
If my Trustee considers that any termination of an interest in the trust property hereunder is a
taxable termination subject to the federal generation-skipping transfer t , my Trustee may pay
that tax from the portion of the property to which the tax relates, witho t any adjustment of the
relative interests of the beneficiaries.
Section 7.
Termination of Small Trust
My Trustee shall have the power in its discretion to terminate any trust created under this trust
agreement whenever it becomes so small in relation to the costs of ad inistration as to make
continuing administration uneconomical. Upon termination my Tm ee shall distribute the
principal and any accrued or undistributed net income to the income be eficiaries in proportion
to their shares of the income. If no fixed amount of income is payable 0 specific beneficiaries,
my Trustee shall distribute the principal and any accrued or undistribu ed net income in equal
shares to those beneficiaries who would then be entitled to income pay ents from the trust.
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Section 8.
Limit on Trustee's Discretion
Notwithstanding any language purporting to confer absolute, sole or ume tricted discretion on my
Trustee in exercising any discretionary power with respect to this trust, my Trustee shall at all
times act in accordance with fiduciary principles and shall not act in ba faith or in disregard of
the purposes of my trust.
Nothwithstanding any other provision in this trust agreement, no indivi ual Trustee who is also
a beneficiary hereunder shall have any right, power, duty or discretion concerning this trust if
such right, power, duty or discretion conferred upon such Trustee unde this trust agreement is
determined to be a general power of appointment under Internal Revenu Code Section 2041 or
2514 which would cause any assets of this Trust to be included in the estate of such
Trustee-beneficiary. Any such right, power, duty or discretion with such effect shall be null and
void with respect to such Trustee-beneficiary. No Trustee who is under legal obligation to any
beneficiary of this trust or other person shall under any circumstances artake in any decisions
relating to any discretionary distributions of income or principal of this rust which can be used
for any such legal obligation to any such beneficiary or other person.
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Section 9.
Written Notice to Trustee
Until my Trustee receives written notice of any death or other event w ich triggers the right to
payments from any trust created under this agreement it shall incur no I ability for distributions
made in good faith to persons whose interestS"' may have been affected y such event.
Section 10.
Duty to Account
My Trustee shall render accounts, upon request, to the income bene ciaries under this trust
agreement at least annually, at the termination of a trust created hereun er, and upon a change
in the Trustees in the manner required by law.
Section 11.
No Court Supervision
No trust created under this agreement shall require the active supervisio of any state or federal
court.
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Article Fourteen
Trustee Investment Powers
Section 1.
Trustee's Powers
To carry out the purposes of the trusts created under this agreement and s bject to any limitations
stated elsewhere in this instrument my Trustee shall have all of the folIo ing powers, in addition
to all of the powers now or hereafter conferred on Trustees by law:
a. Retention of Property
My Trustee shall have the power to retain any property receive into the trust
at its inception or later added to the ,trust without regard to wether the trust
investments are diversified as long as my Trustee considers tha retention is in
the best interests of the trust or in furtherance of my goals in cr ating the trust.
My Trustee shall have the power to invest and reinvest in any pr perty that may
be considered by applicable state law to be underproductive or nproductive in
nature, and specifically to be exempt from any minimum inco e requirements
called for under local law.
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b.
Additions
My Trustee shall have the power to receive additions to the asset of the various
trusts. created under this agreement from any source.
c. Business Participation
My Trustee shall have the power to terminate, to continue or to p rticipate in the
operation of any business enterprise including a corporation a sol proprietorship
or a general or limited partnership and to effect any form 0 incorporation,
dissolution, liquidation, reorganization including but n t limited to
recapitalization and reallocation of classes of shares or other ch ge in the form
of the business enterprise or to lend money or make a capital con ribution to any
such business enterprise.
d. Permissible Investments
My Trustee shall have the power to invest and reinvest the asset of the trust as
my Trustee may determine to be in the best interests of th trust without
limitation by any law applicable to investments by fiduciaries. The permitted
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investments and reinvestments may include securities such as common or
preferred stock, mortgages, notes, subordinated debentures and warrants of any
corporation and any common trust fund administered by a cor orate fiduciary
or other property, real or personal, including savings accounts nd deposits and
interests in mutual or money market funds or investment trust , annuities and
insurance whether or not such investrrumts are unsecured or of wasting nature.
My Trustee shall have the power to obtain, by purchase or by gift (or by
conversion, reissue, consolidation or by any other means), and old as an asset
of this trust, policies of insurance on my life or any other be eficiary of this
trust. My Trustee is authorized and empowered to exercise, ither before or
after my death, all of the rights, options, elections or privileg exercisable in
connection with such policies. These rights and options should 'nelude, but not
be limited to, disability benefits, the right to borrow money wi h which to pay
premiums (or other charges) on any policy owned by this trus (including any
automatic premium loan feature) or for any other trust purpose, he right to elect
among settlement options offered by the insurance company wI ich issued such
policy, the right to convert such policy to paid-up insurance, extended term
insurance or to any different form of insurance, and the right to arrange for the
automatic application of dividends in reduction of premium pa ments (or other
charges), with regard to any policy of insurance held in the tru testate.
e. Dealing with Property
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My Trustee shall have the power to acquire, grant or dispo e of property,
including puts, calls and options (including options on stock owned by the
estate), for cash or on credit including maintaining margin accou ts with brokers
at public or private sale upon such terms and conditions as th fiduciary may
deem advisable and to manage, develop, improve, exchange, p rtition, change
the character of, abandon property or any interest therein or oth rwise deal with
property.
Specifically, my Trustee shall have the power to use and expend he trust income
and principal to conduct environmental assessments, audits, and site monitoring
to determine compliance with any environmental law or regula . on thereunder;
to take all appropriate remedial action to contain, clean up r remove any
environmental hazard including a spill, release, discharge or contamination,
either on my Trustee's own accord or in response to an actu 1 or threatened
violation of any environmental law or regulation thereunder; t institute legal
proceedings concerning environmental hazards or contest or settl any such legal
proceedings brought by any local, state or federal agency oncerned with
environmental compliance, or by a private litigant; to comply ith any local,
state or federal agency order or court order directing an assess ent, abatement
or cleanup of any environmental hazards; to employ agents, cons ltants and legal
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counsel to assist or perform the above undertakings or actions; a d in general to
take all appropriate actions to prevent, identify, or respond t any actual or
threatened violations of any environmental law or regulation th reunder.
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No Trustee under this trust agreement shall be liable for any loss or depreciation
in value sustained by this trust as a result of the Trustee retaini g any property
upon which there is later discovered to be hazardous material or substances
requiring remedial action pursuant to any federal, state or loca environmental
law, unless the Trustee contributed to the loss or depreciation i value through
willful default, willful misconduct, or gross negligence. Moreo er, no Trustee
shall be obligated to accept any property on behalf of this tru t without first
having the opportunity to satisfy itself, in its sole discretion, th such property
is not contaminated by any hazardous or toxic materials or subs ances, and that
such property is not being used and has never been used fo any activities
directly or indirectly involving the generation, use, treatment, st rage, disposal,
release, or discharge of any hazardous ~ or toxic materials or subst ces. Finally,
such Trustee shall have the power to disclaim any power wh ch, in its sole
discretion, will or may cause such Trustee to be considered an "owner" or
"operator" of property held in our trust estate under the pr visions of the
Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA), as amended from time to time. This power to discla m as contained
herein shall apply to any such power, whether actually set forth nder this trust
agreement, incorporated by reference herein, or granted or imp lie by any statute
or rule of law.
f. Borrowing Authority
My Trustee shall have the power to borrow funds from any perso including my
Trustee guarantee indebtedness or indemnify others in the name f the trust and
to secure any such obligation by mortgage, pledge, security i terest or other
encumbrance and to renew, extend or modify any such obliga ion for a term
within or extending beyond the administration of the term of the trust. No
lender shall be bound to see to or be liable for the application f the proceeds
of any obligation and my Trustee shall not be personally iable for any
obligation.
g. Leasing Authority
My Trustee shall have the power to make, renew or amend for any purpose a
lease as lessor or lessee for a term within or beyond the term 0 the trust with
or without option to purchase.
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h.
Natural Resources
My Trustee shall have the power to enter into any arrangeme t or agreement
including a lease, pooling or unitization agreement, for exploratio , development,
operation, conservation and removal of minerals or other natur I resources.
i. V oting Rights
My Trustee shall have the power to vote a security in person 0 by general or
limited proxy, to participate in or consent to any voting trust, reorganization,
dissolution, liquidation or other action affecting any securities and to deposit
securities with and transfer title to a protective or other commi ee.
j. Title to Assets
My Trustee shall have the power to hold securities and ot er property in
negotiable form or in the name of a nominee (including "str et name" of a
broker) or by deposit to a clearing corporation with or without d sclosure of the
Trustee relationship, but my Trustee shall be responsible for he acts of any
nominee or clearing corporation in connection with the propert
k. Insurance
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My Trustee shall have the power to insure the assets of the trust gainst any risk
and my Trustee against liability with respect to third persons.
I. Settlement of Disputes
My Trustee shall have the power to payor contest any debt r claim and to
compromise, release and adjust any debt or claim and to submi any matter to
arbitration.
m. Payment of Expenses
My Trustee shall have the power to pay any taxes, assessme ts, reasonable
compensation of my Trustee and other expenses incurred in the collection,
management, care, protection and conservation of the trust pro erty.
n. Principal and Income
My Trustee shall have the power to allocate items of income or expenditure to
either income or principal and to create reserves out of the income all as
provided by law and to the extent not so provided to allocate or create reserves
as my Trustee in its discretion deems appropriate and my T tee's decision
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made in good faith with respect thereto shall be binding and c nclusive on all
persons.
Notwithstanding the preceding sentence, if the Survivor's T st (or a share
hereunder) is the beneficiary or owner of a Retirement Account, income earned
after the participant's death in the account shall be income of the Trust or share,
and if my Trustee is required to pay all of the trust income to a eneficiary, my
Trustee shall collect and pay the income of the account to the be ficiary at least
quarterly (and to the extent that all of the income cannot be col ected from the
account, the deficiency shall be paid from the principal of the t ust).
o. Division of Trust
My Trustee shall have the power to make any distribution or p yment in kind
or in cash or partly in kind and partly in cash and to cause y share to be
composed of cash, property or undivided interests in property d fferent in kind
from any other share either pro rata or fton pro rata without regar to differences
in the tax basis of such property and without the requirement f making any
adjustment of the shares by reason of any action taken pursuan hereto.
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Any division, allocation, appqrtionment or valuation of the prope ty to distribute
the assets to or among any of the trusts or beneficiaries shall e made by my
Trustee and the good faith determination of my Trustee shall e binding and
conclusive on all parties.
p. Merger of Trust
If at any time the Trustees are Trustees of two or more Trusts r Shares with
substantially the same terms and benefiting the same benefi iaries, created
hereunder, or under any other instrument by the Trustors or by an other person,
the Trustees may commingle the assets of such Trusts or Shares and hold them
as a single Trust or Share.
q. Litigation
My Trustee shall have the power to pr.?secute or defend actions, uits, claims or
proceedings for the protection or benefit of the trust and my Trustee in the
performance of my Trustee's duties.
r. Employment of Agents
My Trustee shall have the power to employ agents inclu iog attorneys,
accountants, investment advisors, custodians, appraisers or othe s to advise or
assist my Trustee and to delegate to them fiduciary powers an to indemnify
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them against liability for positions taken in good faith and with easonable basis.
s. Corporate Fiduciary
If any stock of a corporate Trustee or of any affiliate or success r of a corporate
Trustee shall be included in the assets of the trust, the Truste shall have full
authority in the Trustee's sole discretion and notwithstanding a y regulation or
rule of law to the contrary to retain the stock and any increase resulting from
stock dividends and stock splits and from the exercise of purcha e rights and the
purchase of fractional shares needed to round out fractional sh re holdings that
may arise concerning the stock. The Trustee shall vote the sto either directly
or by proxy except to the extent the Trustee is prohibited by law from voting the
stock in accordance with the written instructions of a majori y of the living
beneficiaries then entitled to current distributions of income r their personal
representatives. In the event there are no eligible beneficiaries to give
instructions, the Trustee is authorized to vote the stock in the est interests of
the beneficiaries in view of the purposes for which the trust w s created.
t. Investment Transactions
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With regard to record keeping for investment transactions, my rustee need not
provide copies of confirmations or similar notifications each ime a trade or
investment transaction occurs, but investment transactions shal be set forth in
my Trustee's periodic accounting.
u. Repairs and Improvements
My Trustee shall have the power to make ordinary or extraord nary repairs or
alterations in buildings or other structures, to demolish any i provements, to
raze existing or erect new party walls or buildings.
v. Business Personnel
My Trustee shall have the power to elect or employ dir tors, officers,
employees, partners or agents of any business and to compensa e such persons
whether or not any such person is a Trustee, director, officer, artner or agent
of a Trustee or a beneficiary of the trust.
w. Farm or Ranch Property
With respect to farm or ranch property, my Trustee shall hav the power to
participate in and operate any farming (including tree far ing) or ranch
operation personally or with hired labor, tenants or sharecropp rs to lease any
farm for cash or a share of crops under a lease which permits 0 precludes the
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material participation of my Trustee, to fertilize and improve the soil, to employ
conservation practices, and to participate in government program and to perform
any other acts deemed necessary or desirable to operate the prop rty. In making
a decision whether to materially participate in farming or ranch operations, my
Trustee shall consider whether an election should be made or has been made
under IRe ~ 2032A to qualify for special farm-use valuation.
x. Ancillary Trustees
If for any reason my Trustee deems it advantageous to act thro gh an ancillary
Trustee, my Trustee may designate an ancillary personal r resentative or
Trustee qualified to serve in the jurisdiction where such ancill Trustee is to
act and may delegate to such ancillary Trustee such of the powe granted under
this agreement as my Trustee deems advisable without being hargeable with
loss if any arising out of such designation or delegation. Trustee may
specify whether any corporate Trustee or any person or perso s acting in an
ancillary capacity hereunder shall serye with or without bond. Except as may
be otherwise specifically provided, no ancillary Trustee need c mply with the
provisions of any Uniform Trustee's Accounting Act, the Unifo m Trust Act or
similar acts in force in any state where the Trustee may be acti g.
y. Retention of Closely Held Interest
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My Trustee shall have the power to retain any real estate intere s, closely held
securities or affiliated companies or business interests and to se I or dispose of
such interests only after careful consideration and after determi . ng that sale or
disposition is in the existing circumstances in the best interests 0 the trust or its
beneficiaries.
If at any time, this trust holds any stock in an S corporation, a d our Trustee
deems it appropriate for such corporation to maintain its Subcha ter Selection,
my Trustee may take all of the necessary actions to segregate th S corporation
stock and assets of this trust, and in my Trustee's sole but reason ble discretion,
and otherwise consistent with the terms of this trust to the reatest extent
possible, may form new trusts and may amend the terms of this rust agreement
as would be necessary to establish Qualified Subchapter S Trusts 0 hold the said
S corporation stock and assets in compliance with Internal evenue Code
Sections 1361(b) and 1361(d)(3).
z. Exercise of Authority
Except as otherwise provided in this agreement, my Trustee shall ave the power
to do all acts that might legally be done by an individual in abso ute ownership
and control of property.
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Article Fifteen
General Provisions
Section 1.
Spendthrift Protection
Neither the principal nor the income of any trust created or contained u er this agreement shall
be liable for the debts of a beneficiary nor shall the same be subject to seizure by any creditor
of any beneficiary under any lien or proceeding at law or equity. Excep to the extent otherwise
expressly provided in this agreement, no beneficiary shall have authority or power to sell, assign,
transfer, encumber or in any manner to anticipate or dispose of a be eficial interest whether
income or principal. The limitations herein shall not restrict the ex rcise of any power of
appointment or the right to disclaim by any beneficiary.
Section 2.
The Rule Against Perpetuities
Unless sooner terminated or vested in accordance with other provision of this agreement, all
interests not otherwise vested including but not limited to all trusts and powers of appointment
created hereunder shall terminate twenty-one (21) years after the death 0 the last survivor of the
group composed of me and my lineal descendants living on the date of y death. At that time
distribution of all principal and all accrued, accumulated and undistribute income shall be made
to the persons then entitled to distributions of income and in the manner and proportions herein
stated or if not stated equally irrespective of their then attained ages.
Section 3.
Incompetency and Disability
For all purposes under this agreement a person shall be deemed disabled, incompetent or legally
incapacitated if and so long as a guardian or conservator of his or he person or estate duly
appointed by a court of competent jurisdiction continues to serve or up n certification by two
licensed physicians that such person is unable properly to care for his or her person or property.
Section 4.
Income and Principal Payments
All payments of income or principal shall be made in such of the followi g ways as my Trustee
determines appropriate:
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a.
To each respective beneficiary in person upon his r her personal
receipt;
b. Deposited in any bank to the credit of such bene lciary in any
account carried in his or her name or jointly with an ther or others;
c. To the parent or legal representative of the benefici
d. To a Custodian under a Uniform Transfers to Minors ct selected by
my Trustee for such period of time under applica Ie law as my
Trustee determines appropriate;
e. To some near relative, friend or institution h ving pnmary
responsibility for the care and custody of the benefic ary;
f. By my Trustee using such payment directly for the enefit of such
beneficiary; or
g. To my Trustee of any revocable trust of which the be eficiary is the
Trustor.
Section 5.
Education
For all purposes under this agreement the term "education" shall be given broad interpretation and
may include but not be limited to:
a. High School
Education at public or private elementary or high schools incl ding boarding
schools.
b. College
Undergraduate and graduate study in any and all fields whatso ver whether of
a professional character in colleges or other institutions of high r learning.
c. Specialized Training
Specialized formal or informal training in music, the stage, the andicrafts, the
arts or vocational or trade schools whether by private instructio or otherwise.
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d.
Other Educational Activities
Any other activity including foreign or domestic travel whic shall tend to
develop fully the talents and potentialities of each beneficiary re ardless of age.
Section 6.
No-Contest Clause
If any person or entity, other than me, singularly, or in conjunction w th any other person or
entity, directly or indirectly, contests in any court the validity of this tru t agreement, including
any amendments thereto, then the right of that person or entity to take y interest in the trust
property shall cease, and that person (and his or her descendants) or e ity shall be deemed to
have predeceased me.
Section 7.
Disclaimer by Beneficiary
No beneficiary shall be entitled to accelerate any distribution to the be ficiary or to terminate
his or her trust interest and thereafter receive outright distribution by u e of a disclaimer.
Section 8.
Sim ultaneous Death
If any beneficiary under this agreement and I die under circumstances in hich the order of their
deaths cannot be established, I shall be deemed to have survived t e beneficiary and this
agreement shall be construed accordingly.
Section 9.
Children and Issue
For purpQses of this agreement "children" means the lawful blood descen ants in the first degree
of the parent designated and "issue" and "descendants" mean the lawful b ood descendants in any
degree of the ancestor designated provided, however, that if a person has been adopted that
person shall be considered a child of such adopting parent and such ado ted child and his or her
issue shall be considered as issue of the adopting parent or parents an of anyone who is by
blood or adoption an ancestor of the adopting parent or either of the adop ing parents. The terms
" h'ld" "h'ld " II' " "d d tIt d "d d " h d d b h
c I , C I ren, Issue, escen an an escen ants or t ose ter prece e y t e terms
"living" or "then-living" shall include the lawful blood descendant in the rst degree of the parent
designated even though such descendant is born after the death of such parent.
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Section 10.
Definition of Death Taxes
The term "death taxes" as used in this agreement shall mean all inheritanc , estate, succession and
other similar taxes that are payable by any person on account of that pers n's interest in the estate
of the decedent or by reason of the decedent's death including penalties d interest but excluding
the following:
a.
Any addition to the federal estate tax for any "ex ess retirement
accumulation" under Internal Revenue Code Section 980A.
b.
Any additional tax that may be assessed under Interna
Section 2032A.
c.
Any federal or state tax imposed on a generation-skip ing transfer as
that term is defined in the federal tax law unless that
generation-skipping transfer tax is payable directly out of the assets of
a trust created by this instrument.
Section 11.
Words Relating to the Internal Revenue C
,~,
As used in this agreement the words "gross estate," "adjusted gross e tate," "taxable estate,"
"unified credit," "state death tax credit," "maximum marital deductio ," "marital deduction,"
"pass" and any other word or words which from the context in which . t or they are used refer
to the Internal Revenue Code shall have the same meaning as such wor s have for the purposes
of applying the Internal Revenue Code to my estate.
For purposes of this agreement my "available generation-skipping transfe exemption" means the
generation-skipping transfer tax exemption provided in section 2631 of th Internal Revenue Code
of 1986 as amended in effect at the time of my death reduced by the ag gate of (1) the amount
if any of my e~emption allocated to my lifetime transfers by me or by 0 eration of law and (2)
the amount if any I have specifically allocated to other property of my gross estate for federal
estate tax purposes.
For purposes of this trust agreement if at the time of my death I ha e made gifts with an
inclusion ratio of greater than zero for which the gift tax return du date has not expired
including extensions and I have not yet filed a return, it shall be deem d that my generation-
skipping transfer exemption has been allocated to these transfers to th extent necessary and
possible to exempt the transfers from generation-skipping transfer tax.
Reference to Sections of the Internal Revenue Code and to the Internal R venue Code shall refer
to the Internal Revenue Code amended to the date of my death.
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Section 12.
Personal Representative
For purposes of this agreement the term "personal representative" shall
executrix, administrator, administratrix, conservator, guardian, custodi
personal representation.
Section 13.
Gender and Number
ean Trustee, executor,
or any other type of
In this agreement where appropriate except where the context otherwi e requires the singular
includes the plural and words of any gender shall not be limited to tha gender.
Section 14.
Definition of Per Stirpes
As used in this agreement when a distribution to beneficiaries is "per st rpes" it shall mean that
the distributions are to be divided into as many equal shares as there ar then-living children of
such beneficiaries and deceased children of such beneficiaries who left en-living descendants.
Each then-living child of the beneficiary shall receive one share and th share that is allocated
to each deceased child of the beneficiary shall be divided equally amon such deceased child's
then-living descendants.
Section 15.
Captions
The captions of Articles, Sections and Paragraphs used in this agree men are for convenience of
reference only and shall have no significance in the construction 0 interpretation of this
agreement.
Section 16.
Severability
Should any of the provisions of this agreement be for any reason declared invalid, such invalidity
shall not affect any of the other provisions of this agreement and all inv lid provisions shall be
wholly disregarded in interpreting this agreement.
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Section 17.
Statutory References
Unless the context clearly requires another construction each statutory re rence in this agreement
shall be construed to refer to the statutory section mentioned, related successor sections and
corresponding provisions of any subsequent law including all amendm nts.
Section 18.
Governing State Law
This agreement and the trusts created under it shall be construed, regulat d and governed by and
in accordance with the laws of the Commonwealth of Pennsylvania.
I have executed this agreement on the date set forth on the first page 0
I certify that I have read the foregoing revocable living trust agreement d that it correctly states
the terms and conditions under which my trust property is to be held, m aged and disposed of
by my Trustee(s). I approve this revocable living trust in all parti ulars and request my
Trustee(s) to execute it.
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COMMONWEALTH OF PENNSYLVANIA )
ss
COUNTY OF DAUPHIN .) a L /J
On this the /OV:!!day of (1J.J , 19~ before me, 1(f.(f{J~'
the undersigned officer, ~ppeared JANE B. OLEWILER, Tru tor, knoWn to me (or
satisfactorily proven) to be the person whose name is subscribed to th within instrument and
acknowledged that she executed the same for the purposes therein cont ined.
s t my hand ~d official seal.
Title of Officer
I ~!OTf.'\11!j.ll S~;~L I
CmJ~JIE l. REESE, 1~I};a'j' Public I
HersI1r:::, P,~ [l,;'lunh;n Gnun'Y I
", '. .. .... -"
~~o.mnrS"'D" ~ay W. 19!19 "
COMMONWEALTH OF PENNSYLVANIA )
SS
COUNTY OF DAUPHIN )
On this tli ~ -day of ~ - , 19 qb , before me, L '!~
the undersigned officer, pe~eared DEAN B. OLEWILER and JANE B. OLEWILER, Trustees,
known to me (or satisfactorily proven) to be the persons whose name are subscribed to the
within instrument and acknowledged that they executed the same ti r the purposes therein
contained.
t my hand and official seal.
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I h'nW!iN. SC.'L .
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Title of Officer
15-7