UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
SCHEDULE 13D
Under the Securities Exchange Act of 1934
(Amendment No. 2)*
FIRST KEYSTONE CORPORATION
(Name of Issuer)
COMMON STOCK, PAR VALUE $2.00 PER SHARE
(Title of Class of Securities)
320654205
(CUSIP Number)
Robert J. Wise, 115 West Third Street, Berwick, PA 18603
(717) 759-0674
(Name, Address and Telephone Number of Person
Authorized to Receive Notices and Communications)
August 27, 1998
(Date of Event which Requires Filing of this Statement)
*The remainder of this cover page shall be filled out for a
reporting person's initial filing on this form with respect to
the subject class of securities, and for any subsequent amendment
containing information which would alter disclosures provided in
a prior cover page.
The information required in the remainder of this cover page
shall not be deemed to be "filed" for the purpose of Section 18
of the Securities Exchange Act of 1934 ("Act") or otherwise
subject to the liabilities of that section of the Act but shall
be subject to all other provisions of the Act (however, see the
Notes).
Page 1 of 39 pages
<PAGE>
SCHEDULE 13D
CUSIP NO. 320654205
1. NAME OF REPORTING PERSON
S.S. OR I.R.S. IDENTIFICATION NO. OF ABOVE PERSON
Robert J. Wise
###-##-####
2. CHECK THE APPROPRIATE LETTER IF A MEMBER OF A GROUP
(a)
(b) X
3. SEC USE ONLY
4. SOURCE OF FUNDS: PF
5. CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED
PURSUANT TO ITEMS 2(d) OR 2(e)
6. CITIZENSHIP OR PLACE OF ORGANIZATION:
United States of America
7. NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON
WITH SOLE VOTING POWER: 154,621
8. NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON
WITH SHARED VOTING POWER: 19,761
9. NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON
WITH SOLE DISPOSITIVE POWER: 154,621
10. NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON
WITH SHARED DISPOSITIVE POWER: 19,761
11. AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING
PERSON: 174,382
12. CHECK IF THE AGGREGATE AMOUNT IN NUMBER 11 EXCLUDES CERTAIN
SHARES:
13. PERCENT OF CLASS REPRESENTED BY AMOUNT IN NUMBER 11: 5.94%
14. TYPE OF REPORTING PERSON: IN
Page 2 of 39 pages
<PAGE>
Schedule 13D - Amendment No. 2
Robert J. Wise
This Amendment No. 2 is filed on behalf of Robert J. Wise to
amend the Schedule 13D, filed with the Commission and dated May
3, 1993, and as amended by Amendment No. 1, filed with the
Commission and dated July 12, 1995, with respect to the Common
Stock, $2.00 par value per share of First Keystone Corporation, a
Pennsylvania business corporation (the "Issuer"), held by Mr.
Wise.
Because this Amendment is filed via EDGAR and the prior
filings were not filed via EDGAR, Mr. Wise includes his Schedule
13D and Amendment No. 1 thereto as Exhibits to this Amendment No.
2.
ITEM 5. Interest in Securities of the Issuer - The purpose
of this Amendment No. 2 is to report the gift distribution of
First Keystone Corporation Common Stock. In addition, this
Amendment No. 2 reflects the declaration of one 10% stock
dividend and one 3 for 1 stock split issued in the form of a 200%
stock dividend by the Issuer.
(1) On December 22, 1997, a gift distribution of the Common
Stock, beneficially owned by the Reporting Person took place,
resulting in a decrease of 3,600 shares to Reporting Person,
whose percent of class was decreased to 6.75%.
(2) On December 30, 1997, a gift distribution of the Common
stock, beneficially owned by the Reporting Person took place,
resulting in a decrease of 350 shares to Reporting Person, whose
percent of class was decreased to 6.72%.
(3) On August 27, 1998, a gift distribution of the Common
Stock, beneficially owned by the Reporting Person took place,
resulting in a decrease of 22,700 shares to Reporting Person,
whose percent of class was decreased to 5.94%.
ITEM 5(a) is hereby amended to report
Robert J. Wise - 154,621 shares
Robert J. and Joanne H. Wise - 19,761 shares
ITEM 7. Material to be filed as Exhibits
A. Amendment No. 1 to Schedule 13D
B. Schedule 13D
Signature
After reasonable inquiry and to the best of my knowledge and
belief, I certify that the information set forth in this
statement is true, complete and correct.
September 15, 1998 /s/ Robert J. Wise
Reporting Person
Page 3 of 39 Pages
<PAGE>
EXHIBIT INDEX
A. Amendment No. 1 to Schedule 13D
B. Schedule 13D
<PAGE>
EXHIBIT A
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
SCHEDULE 13D
Under the Securities Exchange Act of 1934
(Amendment No. 1)*
FIRST KEYSTONE CORPORATION
(Name of Issuer)
COMMON STOCK, PAR VALUE $2.00 PER SHARE
(Title of Class of Securities)
320654205
(CUSIP Number)
Robert J. Wise, 115 West Third Street, Berwick, PA 18603
(717) 759-0674
(Name, Address and Telephone Number of Person
Authorized to Receive Notices and Communications)
July 12, 1995
(Date of Event which Requires Filing of this Statement)
Note: Six copies of this statement, including all exhibits,
should be filed with the Commission. See Rule 13d-1(a) for other
parties to whom copies are to be sent.
*The remainder of this cover page shall be filled out for a
reporting person's initial filing on this form with respect to
the subject class of securities, and for any subsequent amendment
containing information which would alter disclosures provided in
a prior cover page.
The information required in the remainder of this cover page
shall not be deemed to be "filed" for the purpose of Section 18
of the Securities Exchange Act of 1934 ("Act") or otherwise
subject to the liabilities of that section of the Act but shall
be subject to all other provisions of the Act (however, see the
Notes).
<PAGE>
SCHEDULE 13D
CUSIP NO. 320654205 Page 2 of 3 Pages
1. NAME OF REPORTING PERSON
S.S. OR I.R.S. IDENTIFICATION NO. OF ABOVE PERSON
Robert J. Wise
###-##-####
2. CHECK THE APPROPRIATE LETTER IF A MEMBER OF A GROUP
(a)
(b) X
3. SEC USE ONLY
4. SOURCE OF FUNDS: Personal Funds
5. CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED
PURSUANT TO ITEMS 2(d) OR 2(e)
6. CITIZENSHIP OR PLACE OF ORGANIZATION:
United States of America
7. NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON
WITH SOLE VOTING POWER: 57,325
8. NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON
WITH SHARED VOTING POWER: 5,989
9. NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON
WITH SOLE DISPOSITIVE POWER: 57,325
10. NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON
WITH SHARED DISPOSITIVE POWER: 5,989
11. AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING
PERSON: 63,314
12. CHECK IF THE AGGREGATE AMOUNT IN NUMBER 11 EXCLUDES CERTAIN
SHARES:
13. PERCENT OF CLASS REPRESENTED BY AMOUNT IN NUMBER 11: 7.12%
14. TYPE OF REPORTING PERSON: IN
<PAGE>
Page 3 of 3 Pages
Schedule 13D - Amendment No. 1
Robert J. Wise
This Amendment No. 1 if filed on behalf of Robert J. Wise
to amend the schedule 13D dated May 6, 1993 with respect to the
Common Stock, $2.00 par value per share of First Keystone
Corporation, a Pennsylvania business corporation (the "Issuer").
The purpose of this Amendment No. 1 is to report the
dissolution of the Earl V. Wise Marital Trust and the Lucille
Wise Living Trust, for which trusts Robert J. Wise served as co-
trustee and trustee, respectively. In addition, this Amendment
No. 1 reports the declaration of two 10% stock dividends by the
Issuer. These four (4) events occurred as follows:
(1) On December 14, 1993, the Issuer declared a 10% stock
dividend which resulted in the increase at no cost to the
Reporting Person of 6,101 shares of Common Stock beneficially
owned by the Reporting Person, whose percent of class was
unchanged at 8.3%.
(2) On August 7, 1994, the Earl V. Wise Marital Trust was
dissolved which resulted in the decrease at no cost or benefit to
the Reporting Person as co-trustee of 6,655 shares of Common
Stock beneficially owned by the Reporting Person, whose percent
of class decreased to 7.47%.
(3) On July 12, 1995, the Lucille Wise Living Trust was
dissolved which resulted in a decrease at no cost or benefit to
the Reporting Person as trustee of 2,904 shares of Common Stock
beneficially owned by the Reporting person, whose percent of
class decreased to 7.12%.
(4) On January 4, 1996, the Issuer declared a 10% stock
dividend which resulted in the increase at no cost to the
Reporting Person of 5,755 shares of Common Stock beneficially
owned by the Reporting Person, whose percent of class was
unchanged at 7.12%.
Item 5(a) is hereby amended to report:
Robert J. Wise - 57,325 shares
Robert J. and Joanne H. Wise - 5,859 shares
Signature
After reasonable inquiry and to the best of my knowledge
and belief, I certify that the information set forth on this
statement is true, complete and correct.
February 13, 1996 /s/ Robert J. Wise
Robert J. Wise
Reporting Person
<PAGE>
EXHIBIT B
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
SCHEDULE 13D
Under the Securities Exchange Act of 1934
(Amendment No. )*
FIRST KEYSTONE CORPORATION
(Name of Issuer)
COMMON STOCK, PAR VALUE $2.00 PER SHARE
(Title of Class of Securities)
320654205
(CUSIP Number)
Robert J. Wise, 115 West Third Street, Berwick, PA 18603
(717) 759-0674
(Name, Address and Telephone Number of Person
Authorized to Receive Notices and Communications)
May 3, 1993
(Date of Event which Requires Filing of this Statement)
Check the following box if a fee is being paid with the statement
X. (A fee is not required only if the reporting person: (1) has
a previous statement on file reporting beneficial ownership of
more than five percent of the class of securities described in
Item 1; and (2) has filed no amendment subsequent thereto
reporting beneficial ownership of five percent or less of such
class.) (See Rule 13d-7).
Note: Six copies of this statement, including all exhibits,
should be filed with the Commission. See Rule 13d-1(a) for other
parties to whom copies are to be sent.
*The remainder of this cover page shall be filled out for a
reporting person's initial filing on this form with respect to
the subject class of securities, and for any subsequent amendment
containing information which would alter disclosures provided in
a prior cover page.
The information required in the remainder of this cover page
shall not be deemed to be "filed" for the purpose of Section 18
of the Securities Exchange Act of 1934 ("Act") or otherwise
subject to the liabilities of that section of the Act but shall
be subject to all other provisions of the Act (however, see the
Notes).
<PAGE>
SCHEDULE 13D
CUSIP No. 320654205 Page 2 of 32 Pages
1. NAME OF REPORTING PERSON
S.S. OR I.R.S. IDENTIFICATION NO. OF ABOVE PERSON
Robert J. Wise
###-##-####
2. CHECK THE APPROPRIATE LETTER IF A MEMBER OF A GROUP
(a)
(b) X
3. SEC USE ONLY
4. SOURCE OF FUNDS: Personal Funds
5. CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED
PURSUANT TO ITEMS 2(d) OR 2(e)
6. CITIZENSHIP OR PLACE OF ORGANIZATION:
United States of America
7. NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON
WITH SOLE VOTING POWER: 50,017
8. NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON
WITH SHARED VOTING POWER: 11,000
9. NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON
WITH SOLE DISPOSITIVE POWER: 50,017
10. NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON
WITH SHARED DISPOSITIVE POWER: 11,000
11. AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING
PERSON: 61,017
12. CHECK IF THE AGGREGATE AMOUNT IN NUMBER 11 EXCLUDES CERTAIN
SHARES:
13. PERCENT OF CLASS REPRESENTED BY AMOUNT IN NUMBER 11: 8.3%
14. TYPE OF REPORTING PERSON: IN
<PAGE>
SCHEDULE 13D
ROBERT J. WISE
ITEM 1. SECURITY AND ISSUER
This statement relates to the common stock, par value
$2.00 per share (the "Common Stock"), of First Keystone
Corporation (the "Issuer"). The principal executive offices of
the Issuer are located at 111 West Front Street, Berwick,
Pennsylvania 18603; telephone number (717) 752-3671.
ITEM 2. IDENTITY AND BACKGROUND
(a) Robert J. Wise
(b) R.R. 3, Box 3060, Berwick, Pennsylvania 18603
(c) Retired
(d) During the last five years, the Reporting Person
has not been convicted in a criminal proceeding.
(e) During the last five years, the Reporting Person
has not been a party to a civil proceeding or
administrative body and was or is not subject to
a judgment, decree or final order enjoining
future violations of, or prohibiting or
mandating activities subject to, federal or
state securities laws or finding any violation
with respect to such laws.
(f) United States of America.
The following information is with respect to the
spouse of the Reporting Person, who holds 4,950 shares of the
Common Stock jointly with the Reporting Person:
(a) Joanne H. Wise
(b) R.R. 3, Box 3060, Berwick, Pennsylvania 18603
(c) Retired
(d) During the last five years, Mrs. Wise has not
been convicted in a criminal proceeding.
(e) During the last five years, Mrs. Wise has not
been a party to a civil proceeding or
administrative body and was or is not subject to
a judgment, decree or final order enjoying
future violations of, or prohibiting or
mandating activities subject to, federal or
state securities laws or finding any violation
with respect to such laws.
(f) United States of America.
3
<PAGE>
The following information is with respect to Earl V.
Wise, Jr., a co-trustee with the Reporting Person under the Earl
V. Wise Marital Trust, of which such trust holds 6,050 shares of
the Common Stock:
(a) Earl V. Wise, Jr.
(b) 630 East 16th Street, Berwick, Pennsylvania
18603
(c) Retired
(d) During the last five years, Mr. Earl V. Wise,
Jr. has not been convicted in a criminal
proceeding.
(e) During the last five years, Mr. Earl V. Wise,
Jr. has not been a party to a civil proceeding
or administrative body and was or is not subject
to a judgment, decree or final order enjoining
future violations of, or prohibiting or
mandating activities subject to, federal or
state securities laws or finding any violation
with respect to such laws.
(f) United States of America.
The following information is with respect to The
First National Bank of Berwick, a co-trustee with the Reporting
Person under the Earl V. Wise Marital Trust, of which such trust
holds 6,050 shares of the Common Stock:
(a) The First National Bank of Berwick
(b) 111 West Front Street, Box 287, Berwick,
Pennsylvania 18603
(c) National banking association
(d) During the last five years, The First National
Bank of Berwick has not been convicted in a
criminal proceeding.
(e) During the last five years, The First National
Bank of Berwick has not been a party to a civil
proceeding or administrative body and was or is
not subject to a judgment, decree or final order
enjoining future violations of, or prohibiting
or mandating activities subject to, federal or
state securities laws or finding any violation
with respect to such laws.
(f) Chartered under the laws of the United States of
America as a national banking association.
ITEM 3. SOURCE AND AMOUNT OF FUNDS OR OTHER CONSIDERATIONS
The following tables present certain information with
respect to the shares of the Common Stock held by the Reporting
Person and his spouse. All funds to purchase shares by the
Reporting Person were from personal funds. The shares
attributable to the Earl V. Wise Marital Trust and Lucille J.
Wise Living Trust were purchased by the original grantors of
these trusts with personal funds.
4
<PAGE>
<TABLE>
<CAPTION>
ROBERT J. WISE - INDIVIDUAL OWNERSHIP
No. of
Date Transferred From or To Shares Cost (In Dollars)
<S> <C> <C> <C>
08/22/68 Transferred from joint 101 3,372.00
stock
02/15/77 100% stock dividend 101 0.00
03/15/77 50.00 plus rights 194 9,855.40
08/15/78 52.50 28 1,470.00
01/15/80 53.00 34 1,802.00
01/28/80 53.00 85 4,505.00
03/11/80 53.00 28 1,484.00
08/24/80 53.00 225 12,037.50
01/13/81 58.00 100 5,800.00
04/16/81 58.00 235 13,630.00
06/05/81 58.00 48 2,784.00
04/08/83 62.50 1,520 95,000.00
09/01/83 62.50 158 9,875.00
09/01/83 62.50 10 625.00
08/02/84 63.00 1,790 112,770.00
08/20/84 56.72 500 31,500.00
10/16/84 63.50 400 25,400.00
TOTAL 5,557
05/08/86 First National Bank called
in the above certificates
(5,557 shares) and
reissued new ones at a
5/1 split -- 5,557 shares
x 5 = 27,785 shares
05/08/86 5/1 split 27,785 0.00
05/28/87 36.00 2,779 100,044.00
01/03/89 100% stock dividend 30,564 0.00
02/22/90 30.50 2,000 61,002.55
09/14/90<F1> 7.81 ACS 1,665 - gifts (15,620.00)
335 - RJW
09/14/90 7.81 ACS 335 2,616.35
10/09/90<F1> 7.81 ACS 4,995 - gifts (217,000.85)
22,790 - RJW
10/16/90 7.81 ACS 22,790 177,989.90
12/07/90 30.50 2,429 74,084.50
12/10/91<F1> 8.74 ACS 5,895 - gifts (199,184.60)
16,895 - RJW
12/10/91 8.74 ACS 16,895 147,662.30
12/11/92<F1> 8.75 ACS 5,625 - gifts (147,831.25)
11,270 - RJW
12/11/92 8.75 ACS 11,270 98,612.50
TOTAL 47,377
5
<PAGE>
<FN>
<F1>
Stock certificates given as gifts to children, children's spouses and
grandchildren. Balance of certificates re-issued in Robert J. Wise's name.
</FN>
</TABLE>
<TABLE>
<CAPTION>
ROBERT J. AND JOANNE H. WISE - JOINT OWNERSHIP
No. of
Date Transferred From or To Shares Cost (In Dollars)
<S> <C> <C> <C>
06/11/56 285.00 3 855.00
07/26/56 Shares called 10/1 split (3) 0.00
new certificate issued
07/26/56 10/1 split 30 0.00
07/26/56 28.50 8 228.90
03/01/60 35.07 8 280.60
03/01/60 36.50 55 2,007.50
07/09/65 45.00 200 9,003.60
08/22/68 Transferred first 101 (101) (3,372.00)
shares to RJW individual
02/15/77 2/1 split 200 0.00
03/15/77 50.00 50 2,500.00
TOTAL 450
05/08/86 First National Bank called
in the above certificates
(450 shares) and re-issued
new ones at a 5/1 split --
450 shares x 5 = 2,250
shares
05/08/86 5/1 split 2,250 0.00
05/28/87 36.00 225 8,100.00
01/03/89 100% stock dividend 2,475 0.00
TOTAL 4,950
</TABLE>
<TABLE>
<CAPTION>
EARL V. WISE MARITAL TRUST
No. of
Date Transferred From or To Shares Cost (In Dollars)
<S> <C> <C> <C>
06/03/82 Cross & Co. 500 Transfer into
Berbank & Co.
05/06/86 5/1 split 2,750 Berbank & Co.
06/12/87 New issue 275 36.00
01/03/89 100% stock dividend 3,025 0.00
TOTAL 6,050
</TABLE>
6
<PAGE>
<TABLE>
<CAPTION>
LUCILLE J. WISE LIVING TRUST
No. of
Date Transferred From or To Shares Cost (In Dollars)
<S> <C> <C> <C>
07/26/56 New issue 100 30.30
03/01/60 New issue 20 36.50
02/04/77 100% stock dividend 120 0.00
05/83 Transferred in Berbank & Co.
05/06/86 5/1 split 1,200 0.00
06/12/87 New issue 120 36.00
01/03/89 100% stock dividend 1,320 0.00
TOTAL 2,640
</TABLE>
ITEM 4. PURPOSE OF TRANSACTION
The purpose of the acquisitions by the Reporting
Person is for investment purposes. The Reporting Person has no
plans or proposals which relate to or would result in:
(a) The acquisition by any person of additional
securities of the Issuer, or the disposition of
securities of the Issuer;
(b) An extraordinary corporate transaction, such as
a merger, reorganization or liquidation,
involving the Issuer or any of its subsidiaries;
(c) A sale or transfer of a material amount of
assets of the Issuer or any of its subsidiaries;
(d) any change in the present board of directors or
management of the Issuer, including any plans or
proposals to change the number of term of
directors or to fill any existing vacancies on
the board;
(e) Any material change in the present
capitalization or dividend policy of the Issuer;
(f) Any other material change in the Issuer's
business or corporate structure including but
not limited to, if the Issuer is a registered
closed-end investment company, any plans or
proposals to make any changes in its investment
policy for which a vote is required by section
13 of the Investment Company Act of 1940;
7
<PAGE>
(g) Changes in the Issuer's charter, bylaws or
instruments corresponding thereto or other
actions which may impede the acquisition of
control of the Issuer by any person;
(h) Causing a class of securities of the Issuer to
be delisted from a national securities exchange
or to cease to be authorized to be quoted in an
inter-dealer quotation system of a registered
national securities association;
(i) A class of equity securities of the Issuer
becoming eligible for termination of
registration pursuant to Section 12(g)(4) of the
Act; or
(j) Any action similar to any of those enumerated
above.
ITEM 5. INTEREST IN SECURITIES OF ISSUER
(a) Robert J. Wise - 50,017 Shares
Robert J. and Joanne H. Wise - 4,950 Shares
Robert J. Wise and Earl V. Wise, Jr. - 6,050
Shares
(b) Robert J. Wise has sole voting and dispositive
powers for the shares that he holds
individually. Robert J. and Joanne H. Wise,
husband and wife, have equal voting and
dispositive powers for the shares that they hold
jointly. Robert J. Wise, Earl V. Wise, Jr. and
The First National Bank of Berwick have equal
voting and dispositive powers as co-trustees
under the Earl V. Wise Marital Trust. Robert J.
Wise has a power of attorney for the benefit of
his mother, Lucille J. Wise, which includes, by
implication, the power to revoke a living trust
and to vote and dispose of shares of the Common
Stock held and not held under such trust. The
shares under such trust total 2,640.
(c) None
(d) None
(e) Not applicable.
ITEM 6. CONTRACTS, ARRANGEMENTS, UNDERSTANDINGS OR
RELATIONSHIPS WITH RESPECT TO SECURITIES OF THE
ISSUER
None.
8
<PAGE>
ITEM 7. MATERIAL TO BE FILED AS EXHIBITS
The following documents are attached as exhibits with
this filing:
(a) A copy of the will of Earl V. Wise that
establishes the Earl V. Wise Marital Trust and a
copy of the Court Notice that appoints The First
National Bank of Berwick as co-trustee.
(b) A copy of the Lucille J. Wise Living Trust.
(c) A copy of the Power of Attorney given to the
Reporting Person by Lucille J. Wise.
Signature
After reasonable inquiry and to the best of my
knowledge and belief, I certify that the information set forth in
this statement is true, complete and correct.
May 6, 1993 /s/ Robert J. Wise
Robert J. Wise,
the Reporting Person
9
<PAGE>
COPY OF THE WILL OF EARL V. WISE THAT
ESTABLISHES THE EARL V. WISE MARITAL TRUST
AND
COPY OF THE COURT NOTICE THAT APPOINTS
THE FIRST NATIONAL BANK OF BERWICK AS CO-TRUSTEE
10
<PAGE>
WILL
I, EARL V. WISE, SR., of the Township of Briar Creek, County
of Columbia and State of Pennsylvania, being of sound mind,
memory and understanding, do make and publish this my last will
and testament, hereby revoking and making void all former wills
by me at any time heretofore made.
FIRST: I direct that my funeral be conducted in a manner
corresponding with my estate and situation in life, and that all
my just debts and funeral expenses be fully paid as soon as
conveniently my be after my decease.
SECOND: I give and bequeath to my wife, LUCILLE J. WISE,
all my household furniture and furnishings and articles of
household and personal use, automobiles and any insurance
policies on any such property. If she is not living at my death,
I give all such property and insurance to my children who are
then living, to be divided among them equally or in such other
manner as they may agree, either of my executors to represent any
minor child in such agreement or in the absence of agreement, in
such manner as my executors shall consider appropriate; or my
executors may sell all or any part of such property and add the
proceeds to my residuary estate. Any of all of the items to
which a minor shall be entitled hereunder may delivered to the
minor or to the person having custody of such minor, and a
receipt signed by either shall fully discharge my executors; or
may be retained during minority at the expense of such minor's
income from my estate for storage and safekeeping costs; or may
be sold and the proceeds added to the minor's share of my
residuary estate.
THIRD: I give and bequeath the sum of Five Thousand Dollars
($5,000.00) to my mother, SARAH REBECCA WISE.
11
<PAGE>
FOURTH: I give and bequeath to my father-in-law, A. C.
JURY, the sum of Five Thousand Dollars ($5,000.00).
FIFTH: I give and bequeath to my Executors the sum of
Twelve Thousand Dollars ($12,000.00) and direct that they pay
form the income and principal thereof the sum of One Hundred
Dollars ($100.00) to my sister, EDNA RASELEY, each month for and
during her lifetime or until said fund is exhausted, the first of
such payments to be made on the first day of the month following
the month in which my death shall occur. In the event that any
balance of said fund shall remain at the death of my said sister,
I direct that said balance shall be added pro rata to the trusts
under Trust B as though an original part thereof.
SIXTH: I give and bequeath to my niece, CHARLOTTE RASELEY
BOWER, the sum of Five Thousand Dollars ($5,000.00).
SEVENTH: I give and bequeath to BOWER MEMORIAL EVANGELICAL
UNITED BRETHREN CHURCH of Berwick, the sum of Two Thousand Five
Hundred Dollars ($2,500.00).
EIGHTH: If my wife actually survives me, or presumptively
as provided for in paragraph FIFTEENTH hereof, and after
provision is made for payment of all debts, claims and charges,
except estate and inheritance taxes, I give, devise and bequeath
the entire residue of my estate (including all failed and lapsed
legacies but excluding any property over which I may now or
hereafter have a power or appointment) to my Trustees,
hereinafter named, as Trustees of separate trusts designated as
Trust A and Trust B.
A. Trust A shall be comprised of that fractional part of
all my real and personal property, undiminished by any estate or
inheritance taxes, which when added to all other property passing
to my wife under other provisions of this
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Will and otherwise than hereunder but which qualify for the
Marital Deduction, will obtain for my estate the maximum Martial
Deduction permitted under the Federal Internal Revenue Code
applicable hereto.
B. Trust B shall be comprised of the remaining fractional
share of the residue.
C. The respective fractional shares distributed to Trust A
and Trust B shall be determined upon the basis of final Estate
Tax values, but said fractional ratios shall be applied so that
any fluctuation in values at date of distribution shall be
ratably apportioned between said two trusts.
D. If any property which is a part of Trust A shall be or
become unproductive my wife may require Trustees to make it
productive or convert it within a reasonable time to property
which is currently productive of income consistent with the value
of such corpus.
E. If my wife shall not actually or presumptively survive
me, then I give, devise and bequeath my entire residuary estate
to my Trustees of Trust B.
NINTH: I direct my Trustees to hold the principal of Trust
A as a separate trust, to invest and reinvest the same, and
A. During the life of my wife, to pay the income to her in
at least quarterly installments, together with such amounts of
the principal as my wife may from time to time request in writing
or so much of the principal as my corporate Trustee deems
necessary or desirable for her comfort, welfare and support.
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B. On her death to pay over the principal to such persons
(including her estate) and in such manner as she may appoint by
her last will in which specific reference is made to the power
herein conferred upon her.
C. If my wife fails to exercise the above power, this trust
shall terminate on her death and my Trustees shall pay out of the
principal such portion of her Federal estate tax, including
interest and penalties thereon, as shall be attributable to the
inclusion in her gross estate of the principal of this trust.
The remaining principal of this trust shall be added to the
principal of Trust B.
TENTH: I direct my Trustees to hold the principal of Trust
B as a separate trust, to divide the same into as many parts or
shares as there shall be children of mine then living and
children of mine then deceased represented by issue then living
and thereafter:
A. As to the share set aside for the issue of a deceased
child, to pay over the principal of said share to such issue, per
stirpes.
B. As to the share set aside for a living child, to pay
over the net income to such child in quarterly or other
convenient installments for life, together with so much of the
principal of said share as my corporate Trustee may from time to
time think desirable for the support, education and welfare of
such child or of his or her spouse and children. Upon the death
of such child, my Trustee shall pay over the principal
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to such person or persons and upon such trusts as said child may
appoint by Will in which specific reference to this power is
contained, provided, however, that such child shall not appoint
to any person or persons other than the said child's issue, his
or her surviving spouse and issue of mine. In default of the
exercise of said power of appointment or insofar as it shall be
ineffective, my Trustees shall pay over the principal to such of
the issue, per stirpes, of such child as may then be living, and
if there be none, to such of my issue, per stirpes, as may then
be living, or if there be none, to such of the issue, per
stirpes, of my mother as may then be living, or if there be none,
to such charity or charities as may be selected by my Trustees.
ELEVENTH: Any principal or income payable to a minor under
the foregoing provisions shall be held by my Trustees and as much
of such income and principal as my Trustees, in their absolute
discretion, may consider necessary for the education and support
of such minor shall be applied by my Trustees for such purposes.
The balance of any income shall be accumulated for the benefit of
the minor and may be invested and reinvested at the Trustees'
discretion.
Such principal and accumulations and any earnings thereon
shall be held as a separate fund and, when the minor reaches
majority, shall be paid over to him or her, absolutely.
TWELFTH: No legacy, share or interest in my estate, whether
principal or income, shall be subject to attachment, execution or
other legal or equitable process, or to pledge, assignment or
anticipation.
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THIRTEENTH: All estate, inheritance and succession taxes
which may become payable by reason of my death with respect to
property passing under my Will, or with respect to any other
property included in my gross estate for tax purposes by any
State or the United States (together with any interest and
penalties thereon), shall be paid out of the principal of Trust
B.
My Executors and Trustees are authorized to pay taxes on
future or remainder interests, at such time or times as they, in
their uncontrolled discretion, may consider advisable.
FOURTEENTH: My Executors and Trustees shall have the
following powers, in addition to those vested in them by law and
by other provisions of my will, applicable to all property
including property held for minors, principal and income, and
effective until actual distribution of all property:
A. To retain any or all of the assets of my estate, real
or personal;
B. To invest in all forms of property, including stocks
and common trust funds, without restriction to legal
investments for trustees;
C. To buy investments at a premium or discount;
D. To give proxies;
E. To join in any recapitalization, merger,
consolidation, reorganization or voting trust plan
affecting investments; to deposit securities under
agreements and pay assessments; to subscribe for
stock and bond privileges and generally to exercise
all rights of security holders;
F. To carry investments in the name of a nominee or in
bearer form;
G. To sell real and personal property, for the purpose
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of paying my debts or making distribution or for any
other purpose, at public or private sale, for cash
and/or credit, without order of court and without
liability on the purchasers to see to the application
of the purchase money;
H. To comprise claims by or against my estate, without
order of court or consent of any beneficiary;
I. To make distribution either in cash or in kind;
J. As to Trust B, to borrow money and to pledge or
mortgage any property as security. In exercising
this power my Executors and Trustees are authorized
to enter into such arrangements as they deem
advisable with the banking department of my corporate
Trustee, with my wife even though acting as a Trustee
hereunder, with any other members of my family or
with other estates or the trustees of any trusts
created by them or any of them by Will or otherwise.
K. As to Trust B, to make loans to, and to buy real and
personal property from, any member of my family or
their estates or the trustees of any trusts created
by them or any of them by Will or otherwise.
L. To apply all sums payable to a beneficiary hereunder,
in case of the disability, through
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illness or other cause, of such beneficiary, directly
for his or her comfort and support, and to make
payments to such person as Trustees may select, and
the receipt of such person shall be a full release
therefor,
FIFTEENTH: In the event that my said wife, LUCILLE J. WISE,
and I shall die under such circumstances that there shall be
substantial doubt as to which of us shall have been the first to
die, I direct that my said wife shall be conclusively presumed to
have survived me and that this Will shall be given the same
effect, in all respects, as if it were clearly demonstrable that
she had in fact so survived.
SIXTEENTH: I anticipate that a large portion of my estate
shall be represented by stock of Wise Potato Chip Co. In such an
event, I specifically authorize but do not direct that my
Executors and Trustees retain said stock without regard to the
principle of diversification for so long as they, in their best
judgment, deem to be in the best interests of my estate and of my
beneficiaries. I hereby confer upon my Executors and Trustees
the authority to deal with said stock as freely as I might in my
lifetime and their right to do so and to act freely as Executors
and Trustees herein shall not be affected in any manner by the
fact that one or more of my Executors and Trustees shall be
employed by said company.
SEVENTEENTH: I nominate, constitute and appoint my sons,
EARL V. WISE, JR. and ROBERT J. WISE as Executors of and EARL V.
WISE, JR., and ROBERT J. WISE, and THE FIRST PENNSYLVANIA
BANKING AND TRUST COMPANY, Philadelphia, Pennsylvania, as
Trustees under this my Will. I direct that there shall always be
two individual Executors and Trustees and if, at any time, there
be
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only one individual serving hereunder, then he shall designate an
individual to serve with him, with the same powers with respect
to the estate and with respect to naming successor fiduciaries as
though originally named herein. I further direct that none of my
Executors and Trustees above named shall be required to enter
security in any jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this tenth day of APRIL, A.D. 1957.
/s/ Earl V. Wise Sr. (SEAL)
SIGNED, SEALED, PUBLISHED AND DECLARED by EARL V. WISE, SR.,
the testator above named as and for his Last Will and Testament,
in the presence of us, who, at his request, in his presence and
in the presence of each other have hereunder subscribed our names
as witnesses.
/s/ Mildred McHenry 1617 Walnut St., Berwick, PA
/s/ D. W. Dickson 1011 E. Front St., Berwick, PA
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IN THE MATTER OF THE FIRST ACCOUNT
OF FIRST PENNSYLVANIA, N.A. AND EARL V. WISE, JR.,
AND ROBERT J. WISE, TRUSTEES OF THE MARITAL AND
RESIDUARY TRUSTS UNDER THE WILL OF
EARL V. WISE, SR., LATE OF BERWICK, AND
TRUSTEES UNDER DEEDS OF EARL V. WISE, SR., DATED
DECEMBER 13, 1961 AND DECEMBER 26, 1961
NOTICE TO PARTIES IN INTEREST
NOTICE IS HEREBY GIVEN that the above four accounts have
been filed in the Office of the Clerk of the Orphans' Court for
the County of Columbia, and will be audited by said Orphans'
Court in the Court Room in the Columbia County Courthouse,
Bloomsburg, Pennsylvania, when and where you may appear and be
heard.
First Pennsylvania Bank, N.A. has resigned as co-Trustee of
said four trusts. A petition for the appointment of The First
National Bank of Berwick as substituted co-Trustee will be filed
with said court. Accountants are unaware of any questions
requiring adjudication by the court which will affect your
interest. This notice is being sent, as required, to the
descendants of Earl V. Wise, Sr.'s sister who have a remote
interest in the two residuary trusts contingent on all
descendants of Earl V. Wise, Sr. dying prior to the trusts'
termination.
The court will be requested to award the balance of income
in each account to the parties presently receiving same
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and the balance of principal in each account to Earl V. Wise,
Jr., Robert J. Wise and The First National Bank of Berwick to be
held in continued trust.
If you have any objection to any transaction shown in the
accounts or omitted from the accounts you must file with the
Clerk of the Orphans' Court Division objections thereto in
writing in conformity with Columbia County Orphans' Court
Division Rules prior to audit, or appear in person or by counsel
and present your written objections to the court. In absence of
written objections, the court may assume you have no objections
to the four accounts. You are not required to appear if you have
no objections.
This notice is given to you in accordance with Pennsylvania
Orphans' Court Rules.
/s/ John C Tuten, Jr.
John C. Tuten, Jr.
Date: March 9, 1982
Of Counsel:
Montgomery, McCracken, Walker & Rhoads
Thomas Burkholder, Esquire.
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COPY OF THE LUCILLE J. WISE LIVING TRUST
22
<PAGE>
Trust of LUCILLE J. WISE, Settlor
I, LUCILLE J. WISE, of the Township of Briar Creek, County of
Columbia and State of Pennsylvania, intending to create a
revocable trust with The First National Bank of Berwick,
Pennsylvania, as Trustee, and being about to transfer and convey
certain shares of stock to the Trustee according to the schedule
attached hereto, do hereby direct that the Trustee shall receive
and hold the proceeds of said securities, together with any other
property which I may hereafter give to the Trustee by deed or
will or otherwise, upon the following trusts:
First: If any property comes into the Trustee's hands during my
lifetime, thereafter until my death:
A. As much, even if all, of the net income and of the
principal as I may from time to time request shall be
paid to me.
B. As much, even if all, of the net income and of the
principal may also be used by my Trustee for the
payment of my debts and obligations as I shall from
time to time direct.
C. In case of my disability, as much, even if all, of
the net income and of the principal as my Trustee may
from time to time think desirable for my welfare,
comfort, support and recreation either shall be
applied directly for those purposes by the Trustee or
shall be paid over to my guardian or any person
caring for me for application by them.
D. Any income not paid over pursuant to the preceding
paragraphs A, B and C shall be capitalized and
thereafter treated as part of the principal of this
trust.
Second: After my death all principal and all income not
previously distrusted to me shall be held as a separate trust for
the benefit of my daughters, Dorothy W. Charette and Shirley E.
Benjamin, and the net income and principal of it shall be applied
as follows:
A. I direct my Trustee to divide the proceeds of this
trust into two equal parts and thereafter pay the net
income therefrom in equal one-half shares to my
daughter, Dorothy W. Charette, and my daughter,
Shirley E. Benjamin, in quarterly or other convenient
installments for life, together with so much of the
principal of said share as my corporate trustee may
from time to time think desirable for the support,
education and welfare of my said daughters.
In view of the fact that I have made certain loans to
my daughters during the course of my lifetime, it is
my intention that the Trustee collect these loans
from the income to be distributed under this
paragraph prior to any income being delivered to my
daughters. It is my express wish and desire to
equalize the income hereunder and to authorize my
Trustee to offset any obligations existing at the
time of my death from each or one of my daughters.
B. Upon death of each daughter, my Trustee shall pay
over the principal to such person or persons and upon
such trusts as each daughter may appoint by her will
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in which specific reference is made to this power,
provided, however, that such daughter shall not
appoint to any person or persons other than the said
daughter's issue, his or her surviving spouse or
issue of mine. In default of the exercise of said
power of appointment or insofar as it shall be
ineffective, my Trustee shall pay over the principal
to such of the issue per stirpes of each daughter as
may then be living, and if there be none, to such of
my issue per stirpes as then may be living, or it
there be none, to such charity or charities as may be
selected by my Trustee.
C. Any principal or income payable to a minor under the
foregoing provisions shall be held by my Trustee
inasmuch as such income and principal as my Trustee
in their absolute discretion, may consider necessary
for the education and support of such minor shall be
applied by my Trustee for such purpose. The balance
of any income shall be accumulated for the benefit of
the minor and may be invested and reinvested at my
Trustee's discretion.
D. Such principal and accumulations and any earnings
thereon shall be held as a separate fund and when
such minor reaches the age of 21 years, shall be paid
over to him or her absolutely.
Third: If any beneficiary hereunder should be disabled by age,
illness or other condition, all funds, whether income or
principal, thereafter payable to him or her shall be applied
directly for his or her benefit by the corporate trustee.
Fourth: No beneficiary hereunder shall be allowed to assign or
anticipate his or her interest in the income or principal of this
trust; and no beneficiary's creditors shall be allowed to attach
or otherwise reach any such interest.
Fifth: All federal, state and other death taxes becoming payable
as a result of my death, in respect of any property passing
hereunder shall, unless paid out of the principal of this trust;
and no part of such taxes shall be apportioned against any
beneficiary. Any taxes on future interests may be paid at such
time or times as the corporate trustee thinks best.
Sixth: I hereby authorize my Trustee to have the following
powers in addition to those vested in them by law applicable to
all property including property held for minors, principal and
income and effective until actual distribution of all property:
A. To buy and to retain all forms of real and personal
property (including, but not limited to, all types of
stocks and bonds and participations in common trust
funds), without regard to any limitations imposed by
law on investments by trustees.
B. To retain uninvested cash in the trust as a reserve
for emergencies.
C. To make loans to, and buy real and personal property
from, my executors or administrators (even if the
trustees are also serving as executors or
administrators).
D. To hold property unregistered or in the name of a
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nominee.
E. To give proxies, both ministerial and discretionary.
F. To compromise claims.
G. To join in any merger, reorganization, voting-trust
plan or other concerted action of security holders,
and to delegate discretionary duties with respect
thereto.
H. To sell at public or private sale, to exchange or to
lease for any period of time, any real or personal
property and to give options for sales or leases.
These authorities shall be exercisable without leave of court,
shall apply to all real and personal property (including, but not
limited to, principal and income held for minors) at any time
held by the Trustee, and shall continue in full force, even after
the termination of the trust hereunder, until the actual
distribution of all such property.
Seventh: I hereby reserve the right exercisable by deed or will
or otherwise, to give additional property, real or personal, to
the Trustee under this deed. Any property so given shall be
treated as if it had formed part of the principal originally
received by the Trustee hereunder.
Eighth: I also reserve to myself alone the following rights
(each of which may be exercised by me alone whenever and as often
as I may wish):
A. All rights now or hereafter vested in me as the
insured under any life insurance policies which may
be subject hereto, including, but not limited to, the
rights to change beneficiaries, to borrow on policies
(either from the issuing companies or from The First
National Bank of Berwick, Pennsylvania, or from
others), to assign and pledge policies for any loan,
and to receive dividends and all other payments
available to the insured.
B. The right by instrument in writing, other than a
will, to alter or revoke this deed of trust and the
trusts hereunder created in part or in whole.
C. The right to consult with my Trustee on changes in
investments whenever possible at my option.
Executed on the 27th day of September, 1974.
/s/ Lucille J. Wise (SEAL)
Lucille J. Wise
25
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COMMONWEALTH OF PENNSYLVANIA)
) SS:
COUNTY OF COLUMBIA )
On the 27th day of September, 1974, before me, the
subscribed, a Notary Public of the Commonwealth of Pennsylvania
in and for the County of Columbia, personally appeared Lucille J.
Wise and in due form of law acknowledged the foregoing deed of
trust to be her act and deed and desired the same to be recorded
as such.
Witness my hand and notarial seal the day and year
aforesaid.
/s/ John M. Kuchka
NOTARY PUBLIC
My commission expires 12/12/75
26
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Trust of Lucille J. Wise, Settlor
Schedule of Securities
Par Value - $20,000
Pennsylvania Higher Educational Facilities
University of Penna. Revenue Bond of 1968
due 5-1-2008 Rate: 4.90%
Bond #4560/63 Incl. $5,000 each
Par Value - $15,000
Millcreek Township Sewer Auth. (Erie County, Pa.)
Sewer Revenue Bond of 1965
due 5-1-2005 Rate: 3.65%
Bond #SR-279, SR-280 and SR-307 $5,000 each
Par Value - $25,000
Centennial Joint School Auth. (Bucks Conty, Pa.)
School Revenue Bond of 1966
due 5-1-2001 Rate: 4.10%
Bond #628,629,631,632 and 706 $5,000 each
Par Value - $30,000
Upper Merion Area School Auth (Montgomery County, Pa.)
Junior High School Revenue Bond of 1966
due 12-15-96 Rate: 4.20%
Bond #429/24 Incl. $5,000 each
Par Value - $25,000
Public Auditorium Auth. of Pittsburgh and Allegheny County, Pa.
Auditorium Bond Ser. A
due 12-1-2001 Rate: 3.60%
Bond #7921-25 Incl. 12098-102 Incl.
#9308-12 Incl. 10855-59 Incl.
#10860-64 Incl. All $1,000 each
Par Value - $20,000
Springfield School Dist. Auth. (Montgomery County, Pa.)
School Revenue Bond of 57
due 3-1-97 Rate: 3.60%
Bond #1005-14 Incl. - 1347-54 Incl.
#1560 and 1999 - All $1,000 each
Par Value - $35,000
Commonwealth of Pennsylvania
General Obligation Bond - Second Ser. S. of 1971
due 10-15-2000 Rate: 4%
Bond #9571-77 Incl. $5,000 each
On the first day of October, 1974, we hereby accept the
foregoing trust.
THE FIRST NATIONAL BANK OF BERWICK
/s/ Russell M. Henne
Trust Officer
27
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COPY OF THE POWER OF ATTORNEY GIVEN TO
THE REPORTING PERSON BY LUCILLE J. WISE
28
<PAGE>
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that I, LUCILLE J. WISE, of
P. 0. Box 443, Berwick Heights, Berwick, Columbia County,
Pennsylvania, hereby revoking, cancelling and terminating all
Powers of Attorney heretofore executed by me, have named,
constituted and appointed my son, ROBERT J. WISE, of R. D. #3,
Berwick, Columbia County, Pennsylvania my true and lawful
attorney for me and in my name to manage, conduct, operate and
transact all business of whatever nature concerning or having to
do with my property and estate with the same force and effect as
if the same were done by me in my own proper person. I hereby
ratify and confirm all acts, deeds and transactions which my said
attorney shall do or cause to be done in the exercise of the
powers hereby conferred.
I hereby authorize and empower my said attorney to do the
following acts with the same force and effect as if done by me in
my own proper person but without intending by enumerating these
specific powers to limit in any way the generality of the powers
hereby granted.
1. To sell, mortgage, lease, pledge, convey, transfer and
exchange any or all of my property, whether real, personal or
mixed, upon such terms and for such consideration as he, in his
discretion, shall deem fitting and proper without any liability
on the part of the purchaser or purchasers, mortgagee or
mortgagees, pledgee or pledgees, or other persons with whom he
may deal to see to the proper application of the consideration
for such transactions and to give a clear and marketable title to
such persons with such further covenants and assurances as he may
deem best, to execute such instruments as may be necessary or
convenient for carrying out of such transactions.
2. To transfer and assign any or all stocks, bonds,
securities, rights to subscribe, or other property of whatsoever
nature which may be part of my estate, and to invest or reinvest
29
<PAGE>
the same as he, in his discretion, may deem best without
restriction to so-called legal investments or to any other
limited class of investments whatsoever.
3. To exercise all powers, rights and privileges which I
have or which I may acquire by virtue of my ownership of any
securities, to vote the same or to give proxies to vote the same,
and to enter into and participate in any plan or plans of
reorganization as he may deem best, in his own discretion, and
pay the charges and expenses incident thereto.
4. To compromise, settle and release any claim or claims
which I may have on such terms and for such consideration as he
may deem best, or for no consideration whatsoever.
5. To collect and receive all debts, obligations of
whatsoever kind and nature which may be now or in the future owed
to me or to my estate and to give such releases and discharges
therefor and receipt for the same with the same force and effect
as I might do in my own proper person.
6. To institute such suit or suits or action or actions at
law or in equity or in bankruptcy as he may deem best, in my name
or in his own name as my attorney, and to engage counsel to
conduct the same with the same force and effect as I might do had
I brought such suit or suits or action or actions in my own hand
and in my own proper person.
7. To contract debts and obligations and execute and
deliver such instruments in evidence of or security for the same
as may be necessary or convenient in the premises.
8. To withdraw any or all of the sums which I have
deposited in banks or other financial institutions, and the
interest thereon, without any responsibility on the part of such
banks or other financial institutions to see to the proper
disposition of such sums.
9. To manage my real estate, including without limitations
the collection of rents therefrom, and to make repairs,
improvements and alterations to my real estate, and for such
purpose
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to engage such contractors, servants, agents and employees upon
such terms as he shall deem best.
10. To engage and employ such brokers, agents, employees,
counsel and advisers of whatsoever nature upon such terms as he
shall think fit and to avail himself of his services and advice
to the same extent as I might do if acting in the premises in my
own proper person.
11. To take out such policy or policies of insurance in my
name or in his name as my attorney as he shall deem best upon any
or all of my property and to cancel the same and renew or extend
such policies in his sole discretion.
12. To make, prepare and file any and every sales, income,
automobile, occupation, real, personal, state, federal,
municipal, or other license, tax, assessment or return and to pay
such tax or license fee as may be due thereon and make claim for
and collect any refund or rebate to which I may be entitled.
13. To have access to any and all safe deposit boxes
registered in my name.
14. To assign any or all of my assets to The First National
Bank of Berwick, Columbia County, Pennsylvania as Trustee in
accordance with the Agreement of Trust executed by me, LUCILLE J.
WISE, as Settlor, and The First National Bank of Berwick,
Columbia County, Pennsylvania as Trustee on the 27th day of
September, 1974.
15. This Power of Attorney shall not be affected by my
disability and all acts done by the attorney in fact or agent
pursuant to the power during any period of my disability or
incompetence or uncertainty as to whether I am dead or alive
shall have the same effect and inure to the benefit of and bind
me and my heirs, legatees, devisees and my personal
representative as if I were alive, competent and not disabled.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
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this 24th day of June, 1977.
/s/ Lucille J. Wise (SEAL)
Witnesses:
/s/ Gail T. Lamar
/s/ Vida C. Yeager
STATE OF PENNSYLVANIA, )
) SS:
COUNTY OF COLUMBIA. )
ON this 24th day of June, 1977, before me, the undersigned
officer, a notary public for the Commonwealth of Pennsylvania,
residing in Columbia County, personally appeared LUCILLE J. WISE,
and in due form of law acknowledged the above Power of Attorney
to be her act and deed and desired that the same might be
recorded as such.
WITNESS my hand and notarial seal the day and year first
above written.
/s/ John M. Kuchka
NOTARY PUBLIC
My commission expires 12/12/79
Berwick, Columbia County, Penna.
32
