HomeMy WebLinkAbout01-25-07
Pa. O.C. Rule 6.12 STATUS REPORT
REGISTER OF WILLS OF Cumberland
COUNTY, PENNSYLVANIA
Name of Decedent:
CharIesT. Sciotto
Date of Death: January 19, 2005
File Number:
2005-00088
Pursuant to Pa. O.c. Rule 6.12, I report the following with respect.to completion ofth€t administration of
the above-captioned estate:
1. State whether administration of the estate is complete: . . . . . . . . . . . . . . . . . . .. iii Yes 0 No
2. If the answer is No, state when the personal representative
reasonably believes that the administration will be complete:
3. If the answer to No.1 is YES, state the following:
a. Did the personal representative file a final account with the Court? . . . . . .. DYes IXlNo
b. The separate Orphans' Court No. (if any) for the personal
representative's account is:
c. Did the personal representative state an account
informally to the parties in interest? ..................... .-:. . . . . . .. liJYes DNo
d. Copies of receipts, releases, joinders and approvals of formal or informal accounts may be
filed with the Clerk of the Orryh::Jn'" Court and may be attached to this report.
V~t~;;_~~euci<!ry rec~ipts e~ /~
Sigla re of Person Filing this Fonn
Date
Capacity: EtPersonal Representative 0 Counsel
Bruce A. Sciotto
Name of Person Filing this Form
8214 Bellfield Place
Address
Charlotte NC 28270
704-847-3329
Telephone
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Form R W-lO
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INRE:
ESTATE OF CHARLES T. SClOTTO
Deceased
: IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY PENNSYLVANIA
: ORPHANS' COURT DIVISION
: No. 0195-2005
RECEIPT~ RELEASE~ WAIVER OF ACCOUNTING
AND INDEMNITY AGREEMENT FOR
PARTIAL DISTRIBUTION
This Receipt, Release, Waiver of Accounting and Indemnity Agreement for
Partial Distribution (the "Release") is given this 27th day of April 2005, by Patrick J.
Casey, an adult individual (the "Beneficiary"), to and in favor of Bruce A. Sciotto and
Trustee of the Charles T. Sciotto Living Trust dated August 1, 1996, and any
amendments thereto (collectively, the "Fiduciary").
F or the purpose of inducing the Fiduciary to make the distribution described
herein and intending to be legally bound, the Beneficiary hereby represents, warrants,
covenants and agrees as follows:
1. Background. Charles T. Sciotto died on January 19, 2005. The
Last Will and Testament of Charles T. Sciotto was probated on January 27,2005. The
Cumberland County Register of Wills appointed Bruce A. Sciotto Executor ofthe Estate
on January 27,2005.
During Charles T. Sciotto's lifetime, he created the Charles T. Sciotto
Living Trust dated August 1, 1996 (the "Trust"). The death Trustee of the Trust is Bruce
A. Sciotto
2. Bequest. The Beneficiary has the fonowing interest under Article
Eight of the Trust:
ARTICLE EIGHT
DIVISION AND DISTRIBUTION OF TRUST PROPERTY
Section 1. Specific Distribution of Real Estate
After my death, my Trustee shall distribute the real property owned by me and located at
One Ardmore Circle, Borough of New Cumberland, Cumberland County, Pennsylvania
(the "Real Property"), to Patrick J. Casey, free of trust.
This real property shall be distributed subject to all encumbrances thereon at the time of
my death including, but not limited to, any deed of trust, mortgage, real property taxes
and assessments.
If such beneficiary should die prior to the time that this specific distribution is directed to
be made, such real property shall be sold and the proceeds shall be distributed in
accordance with the sections that follow.
3. Acknowledgement of Receipt and Release of Fiduciary. The
Beneficiary acknowledges that on or about the day referenced in paragraph one, he has
received of and from the Fiduciary, a preliminary distribution of the residuary bequest
from that Trust Estate as specified in Article 8, Section I. The Specific Distribution of the
real estate referenced therein was valued at its appraised value of One Hundred Seventy
Four Thousand Dollars ($174,000.00)
4. Indemnity Agreement. The Beneficiary agrees to indemnify
the Fiduciary and hold him harmless, to the extent of any funds or assets received by the
Beneficiary from the Fiduciary hereunder, from and against the Beneficiary's pro rata
share of any and all liability (including attorneys' fees and other costs or expenses of
defense) to which the Fiduciary may be subject by reason of his administration ofthe
Trust Estate. In connection with this Release, the Beneficiary agrees to:
A. Refund or return, promptly upon the Fiduciary's written
demand, any funds or assets distributed by the Fiduciary to the Beneficiary, ifthe
distribution thereof is determined at any time to have been an erroneous or negligent
distribution to the Beneficiary, whether such error or negligence was or was claimed to
have been premised upon a mistake of law or of fact;
B. Modify and displace any otherwise applicable period
limiting the time within which the Fiduciary's action to collect an erroneous or negligent
distribution must be commenced, so as to provide that the Fiduciary need not commence
an action to collect an erroneous or negligent distribution to the Beneficiary until two (2)
years after such time as the Fiduciary shall have obtained actual knowledge of such error
or negligence.
5. Waiver of Accounting.
accounting by the Fiduciary.
The Beneficiary hereby waives an
6. Miscellaneous. The construction, effect, validity and
perfonnance of this Release shall be governed in all respects by the internal substantive
law of the Commonwealth of Pennsylvania
The provisions of this Release shall be deemed severable in the event that
anyone or more thereof shall be deemed invalid or unenforceable, with the effect that the
remaining provisions shall persist as if such invalid or unenforceable provision had never
been a part hereof.
This Release shall bind the Beneficiary and his heirs, representatives,
succ~ssors: and assigps
IN WITNESS WHEREOF, the Beneficiary has executed and sealed this
Release on the date first above inscribed in the presence of at least two (2) witnesses.
,
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WITNESS:--~-
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PARCEL NUMBER 51-001-007
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FIDUCIARY DEED
I L/, ftl TIDS INDENTURE is made the ~ay of April, 2005, betwee~ BRUCE A. SCIOTTO,
as Trustee of the CHARLES T. SCIOTTO LIVlNG TRUST DATED AUGUST 1,1996 and any
amendments thereto (the "Grantor"), and PATRICK J. CASEY (the "Grantee").
WHEREAS, Charles T. Sciotto became in his lifetime, -seized, in fee, in a! certain lot of
land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more
. particularly described herein (the "Premises"); and
WHEREAS, Charles T. Sciotto, by deed dated August 1, 1996, and recorded in the
Office of the Recorder of Deeds of Cumberland County in Deed Book 144, Page 71, granted and
conveyed the Premises to Charles T. Sciotto, Trustee, or his successors in trust, under the Charles
T. Sciotto Living Trust dated August 1, 1996 and any amendments thereto (the "Trust"); and
WHEREAS, Charles T. Sciotto died on January 19, 2005. The Trust named Bruce A.
Sciotto as death Trustee. A copy of the Certificate of Trust executed by Charles T. Sciotto is
attached hereto as Exhibit "A". The Trust specifically devises said Premises hereinafter
described to Patrick J. Casey. The Trust gives the Trustee the power to convey the real property.
NOW, THEREFORE, TIDS INDENTURE WITNESSETH, that by virtue of the power
and authority in him, granted as aforesaid, and in consideration of the sum of ONE DOLLAR
($1.00) paid to him, as Trustee, by the Grantee at or before the sealing and delivery hereof, receipt
whereof is hereby acknowledged, the Grantor has granted, bargained, sold, and conveyed, and does
hereby grant, bargain, sell, and convey to the Grantee, his heirs and assigns, the Premises, described
below:
ALL THAT CERTAIN piece or parcel of land situate in the Borough of
New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania,
more particularly bounded and described as follows, to wit:
BEGINNING at a point, the southwest comer of Drexel Hills Boulevard
(60 feet wide) and Ardmore Circle (50 feet wide); thence, southwardly along the
westerly line of Ardmore Circle, one hundred ten (110) feet to a point; thence,
westwardly along the northerly line of Lot No.6, Block F, on the hereinafter
mentioned Plan, one hundred (100) feet to a point; thence, northwardly along the
easterly line of Lot No.4, Block F, one hundred ten (110) feet to a point on the
southerly line of Drexel Hills Boulevard; thence by the latter line eastwardly, one
hundred (100) feet to the place of BEGINNING.
BEING Lot No.5, Block F, on the Plan of Section 2, Highland Park Hills
and Drexel Hills, said Plan being recorded in Cumberland County Recorder's
Office in Plan Book 8, Page 9.
268 PAGE2939
INRE:
ESTATE OF CHARLES T. SCIOTTO,
Deceased
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL V ANlA
ORPHANS' COURT DIVlSION
No. 0195-2005
RECEIPT. RELEASE. WAIVER OF ACCOUNTING
AMO~E~TYAGREEMffiNTFOR
PARTIAL DISTRIBUTION
This Receipt, Releas-e, Waiver of Accounting and Indenmity Agreement for Partial
Distribution (the "Release") is given this _ day of June 2005, by Carlye Byron, an adult
individual (the "Beneficiary"), to and in favor of Bruce .^.. Sciotto, an adult individual, as Executor
of the Estate of Charles T. Sciotto and Trustee of the Charles T. Sciotto Living Trust dated August
1, 1996, and any amendments thereto (collectively, the "Fiduciary").
For the purpose of inducing the Fiduciary to make the distribution described herein and
intending to be legally bound, the Beneficiary hereby represents, warrants, covenants and agrees as
follows:
1. Background. Charles T. Sciotto died on January 19, 2005. The Last Will and
Testament of Charles T. Sciotto was probated on January 27, 2005. The Cumberland County
Register of Wills appointed Bruce A. Sciotto Executor of the Estate on January 27,2005.
During Charles T. Sciotto's lifetime, he created the Charles T. Sciotto Living Trust dated
August 1, 1996 (the "Trust"). The Death Trustee of the Trust is Bruce A. Sciotto.
') Bequest. The Beneficiary has the following interest under A.rtic1e Eight of the
Trust:
ARTICLE EIGHT
DH-1SION A~"1) DISTRIBtJTION OF TRl:ST PROPERTY
***
Section 2. Division of Trust Property Into Shares
While, to the extent practical, maintaining any previously established Generation
Skipping Transfer Tax ratios relative to trust property, my Trustee shall divide all
of my Trust Estate not previously distributed under the preceding Articles of my
Trust Agreement (and for purposes of determining such division and subsequent
distributions shall take into account the exclusion of any descendant as may be
directed in Article One) as follows:
Benefic:i!n:
Share
JAMES A. BYRON, nephew
CARYLE A. BYRON, niece
PATRICK J. CASEY, friend
SUSAN S. THOMAS, niece
B. SCOTI SCIOTIO, nephew
BRUCE D. SCIOTIO, nephew
JEANNIE SCIOTIO, niece
STEVE SCIOTIO, nephew
CYNDIE LUCAS, niece
MICK SCIOTIC, nephew
10%
10%
10%
10%
10%
10%
10%
10%
10%
10%
If any beneficiary named above should die before the distribution of his or her
trust share, such trust share shall lapse and be distributed in equal shares to the
remaining beneficiaries named in this Article; and
3. Disclaimer. On February 10,2005, Patrick J. Casey executed a "Disc1al.liler and
Renunciation" (the "Disc1aiml~' that was filed with the Fiduciary. In filing such Disclaimer, Mr.
Casey disclaims and renounces his residuary share of the Trust identified in Article Eight.
4. Acknowledgement of Receipt and Release of Fiduciary. The Beneficiary
acknowledges that on or about this day she has received of and from the Fiduciary, a partial
distribution of the residuary bequest from the Trust Estate in the amount of Thirty Thousand
Dollars ($ )),000.00).
5. Indemnity Agreement. The Beneficiary agrees to indemnifY the Fiduciary
and hold him hannless, to the extent of any funds or assets received by the Beneficiary from the
Fiduciary hereunder, from and against the Beneficiary's pro rata share of any and all liability
(including attorneys' fees and other costs or expenses of defense) to which the Fiduciary may be
subjected by reason of his administration of the Trust Estate. In connection with this Release, the
Beneficiary agrees to:
A. Refu."1dl 0:- return, promptly upon the Fiduciary's written cI(111;:\r.d,
any funds or assets distributed by the Fiduciary to the Beneficiary, if the distribution
thereof is determined at any time to have been an erroneous or negligent distribution
to the Beneficiary, whether such error or negligence was or was claimed to have
been premised upon a mistake of law or of fact;
B. Modify and displace any otherwise applicable period limiting the
time within which the Fiduciary's action to collect an erroneous or negligent
distribution must be commenced, so as to provide that the Fiduciary need not
commence an action to collect an erroneous or negligent distribution to the
Beneficiary until two (2) years after such time as the Fiduciary shall have obtained
actual knowledge of such error or negligence.
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~:ountin .
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ana
7. MisceUaneous. The construction, effect, validity and perfonnance of this
Release shall be governed in all respects by the internal substantive law of the Commonwealth of
Pennsylvania.
The provisions of this Release shall be deemed severable in the event that anyone or more
thereof shall be deemed invalid or unenforceable, with the effect that the remaining provisions shall
persist as if such invalid or unenforceable provision had never been a part hereof.
This Release shall bind the Beneficiary and her heirs, representatives, successors and
asSIgnS.
~ "'lTNESS \\-lIEREOF, the Beneficiary has executed and sealed this Release on the
date first above inscribed in the presence of at least two (2) witnesses.
('
'VITN~SS:
By:
(~
1 ~ )
! rtLcI (Jette
Car lye A. Byron
INRE:
ESTATE OF CHARLES T. SCIOTIO,
Deceased
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DMSION
No. 0195-2005
RECEIPT. RELEASE. WAIVER OF ACCOUNTING
AND INDEMNITY AGREEMENT FOR
PARTIAL DISTRIBUTION
TIlls Receipt, Release, Waiver of Accounting and Indemnity Agreement for Partial
Distribution (the "Release") is given this -t..X:- day of June 2005, by Scott Sciottq an adult
individual (the "Beneficiary"), to and in favor of Bruce fo.. Sciotto, an adult individual, as Executor
of the Estate of Charles T. Sc:iotto and Trustee of the Charles T. Sciotto Living Trust dated Augmt
1, 1996, and any amendments thereto (collectively, the "Fiduciary").
For the purpose of inducing the Fiduciary to make the distribution described herein and
intending to be legally bound, the Beneficiary hereby represents, warrants, covenants and agrees as
follows:
1. Background. Charles T. Sciotio died on January 19, 2005. The Last Will and
Testament of Charles T. Sciotto was probated on January 27, 2005. The Cumberland County
Register of Wills appointed Bruce A. Sciotio Executor of the Estate on January 27,2005.
During Charles T. Sciotto's lifetime, he created the Charles T. Sciotto Living Trust dated
August 1, 1996 (the "Trust"). The Death Trustee of the Trust is Bruce A. Sciotto.
Trust:
2. Bequest. The Beneficiary has the following interest under Article Eight of the
ARTICLE EIGHT
DIV1SION A.l~'D DISTRIBUTION OF TRUST PROPERTY
***
Section 2. Division of Trust Property Into Shares
\\lhile, to the extent practical, maintaining any previously established Generation
Skipping Transfer Tax ratios relative to trust property, my Trustee shall divide all
of my Trust Estate not previously distributed under the preceding Articles of my
Trust Agreement (and for purposes of determining such division and subsequent
distributions shall take into account the exclusion of any descendant as may be
directed in Article One) as follows:
Beneficiary
Share
JAMES A. BYRON, nephew
CARYLE A. BYRON, niece
PATRICKJ. CASEY, friend
SUSAN S. THOMAS, niece
B. SCOTf SCIOrrO, nephew
BRUCE D. SCIOrrO, nephew
JEANNIE SCIOrrO, niece
STEVE SCIOrrO, nephew
CYNDIE LUCAS, niece
MICK SCIOrrO, nephew
10%
10%
10%
10%
10%
10%
10%
10%
10%
10%
If any beneficiary named above should die before the distribution of his or her
trust share, such trust share shall lapse and be distributed in equal shares to the
remaining beneficiaries named in this Article~ and
3. Disclaimer. On February 10, 2005, Patrick 1. Casey executed a "Disclaimer and
Renunciation" (the "DisclauIler" that was filed with the Fiduciary. In filing such Disclaimer, Mr.
Casey disclaims and renounces his residuary share of the Trust identified in Article Eight.
4. Acknowledgement of Receipt and Release of Fiduciary. The Beneficiary
acknowledges that on or about this day she has received of and from the Fiduciary, a partial
distribution of the residuary bequest from the Trust Estate in the amount of Thirty Thousand
Dollars ($ 30,000.00).
5. Indemnity Agreement. The Beneficiary agrees to inderrmify the Fiduciary
and hold him harmless, to the extent of any funds or assets received by the Beneficiary from the
Fiduciary hereunder, from and against the Beneficiary's pro rata share of any and all liability
(including attorneys' fees and other costs or expenses of defense) to which the Fiduciary may be
subjected by reason of his administration of the Trust Estate. In connection with this Release, the
Beneficiary agrees to:
A. Refund or return, promptly upon the Fiduciary's written demand,
any funds or assets distributed by the Fiduciary to the Beneficiary, if the distribution
thereof is determined at any time to have been an erroneous or negligent distribution
to the Beneficiary, whether such error or negligence was or was claimed to have
been premised upon a mistake oflaw or of fact;
B. Modify and displace any otherwise applicable period limiting the
time within which the Fiduciary's action to collect an erroneous or negligent
distribution must be: commenced, so as to provide that the Fiduciary need not
commence an action to collect an erroneous or negligent distribution to the
Beneficiary until two (2) years after such time as the Fiduciary shall have obtained
actual knowledge of such error or negligence.
6.
Fiduciary.
Waiver of Ac:countlng. The Beneficiary hereby waives an accounting by the
7. Miscellaneous;. The construction, effect, validity and perfonnance of this
Release shall be governed in all respects by the internal substantive law of the Commonwealth of
Pennsylvania.
The provisions of this Release shall be deemed severable in the event that anyone or more
thereof shall be deemed invalid or unenforceable, with the effect that the remaining provisions shall
persist as if such invalid or unrenforceable provision had never been a part hereof.
This Release shall bind the Beneficiary and her heirs, representatives, successors and
assigns.
IN WITNESS WHEREOF, the Beneficiary has executed and sealed this Release on the
date first above inscribed in the presence of at least two (2) witnesses.
\VITN~SS :
By: '5U M
B. Scott Sciotto
INRE:
ESTATE OF CHARLES T. SCIOTTO,
Deceased
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DMSION
No. 0195-2005
RECEIPT, RELEASE. WAIVER OF ACCOUNTING
AND INDEMNITY AGREEMENT FOR
PARTIAL DISTRIBUTION
This Receipt, Release, Waiver of Accounting and Indemnity Agreement for Partial
Distribution (the "Release") ilS given this _ day of May, 2005, by Bruce D. Sciotto, an adult
individual (the "Beneficiary"), to and in favor of Bruce A. Sciotto, an adult individual, as Executor
of the Estate of Charles T. Sciotto and Trustee of the Charles T. Sciotto Living Trust dated August
1, 1996, and any amendments thereto (collectively, the "Fiduciary").
For the purpose of inducing the Fiduciary to make the distribution described herein and
intending to be legally bound, the Beneficiary hereby represents, warrants, covenants and agrees as
follows:
1. Background. Charles T. Sciotto died on January 19, 2005. The Last Will and
Testament of Charles T. Sciotto was probated on January 27, 2005. The Cumberland County
Register of Wills appointed Bruce A. Sciotto Executor of the Estate on January 27, 2005.
During Charles T. Sciotto's lifetime, he created the Charles T. Sciotto Living Trust dated
August 1, 1996 (the "Trust"). The Death Trustee of the Trust is Bruce A. Sciotto.
2. Bequest. Th,e Beneficiary has the following interest under Article Eight of the
Trust:
ARTICLE EIGHT
DrviSION AND DISTRIBUTION OF TRUST PROPERTY
***
Section 2. Division of Trust Property Into Shares
Vv'hile, to the extent practical, maintaining any previously established Generation
Skipping Transfer Tax ratios relative to trust property, my Trustee shall divide all
of my Trust Estate not previously distributed under the preceding Articles of my
Trust Agreement (and for purposes of determining such division and subsequent
distributions shall take into account the exclusion of any descendant as may be
directed in Article One) as follows:
Beneficiary
Share
JAMES A. BYRON, nephew
CARYLE A. BYRON, niece
PATRJCK J. CASEY, friend
SUSAN S. THOMAS, niece
B. SCOTT SCIOTTO, nephew
BRUCE D. SCIOTTO, nephew
JEANNIE SCIOTTO, niece
STEVE SCIOTTO, nephew
CYNDIE LUCAS, niece
MICK SCIOTTO, nephew
10%
10%
10%
10%
10%
10%
10%
10%
10%
10%
If any beneficiary named above should die before the distribution of his or her
trust share, such trust share shall lapse and be distributed in equal shares to the
remaining beneficiaries named in this Article; and
3. Disclaimer. On February 10, 2005, Patrick 1. Casey executed a Disclaimer and
Renunciation (the "Disclaimer") that was filed with the Fiduciary. In filing such Disclaimer, Mr.
Casey disclaims and renounces his residuary share of the Trust identified in Article Eight.
4. Acknowledg.~ment of Receipt and Release of Fiduciary. The Beneficiary
acknowledges that on or about this day he has received of and from the Fiduciary, a partial
distribution of the residuary bequest from the Trust Estate in the amount of Twenty Thousand
Dollars ($2Q,OQ9.091.
3'~ 600.00 (J tf:!!)
5. Indemnity Agreement. The Beneficiary agrees to indemnify the Fiduciary
and hold him harmless, to the extent of any funds or assets received by the Beneficiary from the
Fiduciary hereunder, from and against the Beneficiary's pro rata share of any and all liability
(including attorneys' fees and other costs or expenses of defense) to which the Fiduciary may be
subjected by reason of his administration of the Trust Estate. L'1 connection with this Release, the
Beneficiary agrees to:
A. Refund or return, promptly upon the Fiduciary's written demand,
any funds or assets distributed by the Fiduciary to the Beneficiary, if the distribution
thereof is determined at any time to have been an erroneous or negligent distribution
to the Beneficiary, whether such error or negligence was or was claimed to have
been premised upon a mistake of law or of fact;
B. Modii;y and displace any otherwise applicable period limiting the
time within which the Fiduciary's action to collect an erroneous or negligent
distribution must be commenced, so as to provide that the Fiduciary need not
commence an action to collect an erroneous or negligent distribution to the
Beneficiary until two (2) years after such time as the Fiduciary shan have obtained
actual knowledge of such error or negligence.
6.
Fiduciary.
Waiver of Accounting. The Beneficiary hereby waives an accounting by the
7. MiscellaneoUls. The construction, effect, validity and performance of this
Release shall be governed in all respects by the internal substantive law of the Commonwealth of
Pennsylvania.
The provisions of this Release shall be deemed severable in the event that anyone or more
thereof shall be deemed invalid or unenforceable, with the effect that the remaining provisions shall
persist as if such invalid or unenforceable provision had never been a part hereof.
This Release shall bind the Beneficiary and his heirs, representatives, successors and
asSIgnS.
IN WITNESS WHEREOF, the Beneficiary has executed and sealed this Release on the
date first above inscribed in the presence of at least two (2) witnesses.
WITNESS:
'\
~i) M,,-~(-tikJ..QfmJ
~~~
Bruce D. Sciotio
INRE:
ESTATE OF CHARLES T. SCIOTTO,
Deceased
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
No. 0195-2005
RECEIPT" RELEASE. WAIVER OF ACCOUNTING
ANI) INDEMNITY AGREEMENT FOR
PARTIAL DISTRIBUTION
This Receipt, Release, . Waiver of Accounting and Indemnity Agreement for Partial
Distribution (the "Release") is given this _ day of May, 2005, by Mick Sciotto, an adult
individual (the "Beneficiary"), to and in" favor of Bruce A. Sciotto, an adult individual, as Executor
of the Estate ofCharfes T. Sciotto an4 Trustee of the Charles T. Sciotto Living Trust dated August
1, 1996, and any amendments thereto (collectively, the "Fiduciary").
For the purpose of induc~ng the Fiduciary to make the distribution described herein and
intending to be legally bound, the Beneficiary hereby represents, warrants, covenants and agrees as
fonows:
,
1. Background. Charles T. Sciotto died on January 19, 2005. The Last Will and
Testament of Charles T. Sciotto was probated on January 27, 2005. The Cumberland County
Register of Wills appointed Bruce A. Sciotto Executor of the Estate on January 27, 2005.
During Charles T. Sciotto's lifetime, he created the Charles T. Sciorto Living Trust dated
August 1, 1996 (the "Trust"). The Death Trustee of the Trust is Bruce A. Sciotto.
2. Bequest. The Beneficiary has the following interest under Article Eight of the
'Trust:
ARTICLE EIGHT
. \..
DIVISIQN AND DISTRIBUTION OF TRUST PROPERTY
***
Section 2. Division of Trust Property Into Shares
While, to the extent practical, maintaining any previously established Generation
Skipping Transfer Tax ratios relative to trust property, my Trustee shall divide all
of my Trust Estate not previously distributed under the preceding Articles of my
Trust Agreement (and for purposes of determining such division and subsequent
distributions shall take into account the exclusion of any descendant as may be
directed in Article One) as follows:
Benefidary
Share
JAMES A. BYRON, nephew
CARYLE A. BYRON, niece
PATRICK J. CASEY, friend
SUSAN S. THOMAS, niece
B. SCOTI SCIOTIO, nephew
BRUCE D. SCIOTIO, nephew
JEANNIE SCIOTIO, niece
STEVE SCIOTIO, nephew
CYNDIE LUCAS, niece
MICK SCIOTTO, nephew
10%
10%
10%
10%
10%
10%
10%
10%
10%
10%
If any beneficiary named above should die before the distribution of his or her
trust share, such trust share shall lapse and be distributed in equal shares to the
remaining beneficiaries named in this Article; and
3. Disclaimer. On February 10, 2005, Patrick J. Casey executed a Disclaimer and
Renunciation (the "Disclaimer") that was filed with the Fiduciary. In filing such Disclaimer, Mr.
Casey disclaims and renounces his residuary share of the Trust identified in Article Eight.
4. Acknowledgement of Receipt and Release of Fiduciary. The Beneficiary
acknowledges that on or about this day he has received of and from the Fiduciary, a partial
distribution of the residuary lb~uest from the Trust Estate in the amount of Twenty Thousand
Dollars , . fAt;.';', ~~
5. e Agreement. The Beneficiary agrees to indemnify the Fiduciary
and hold him harmless, to the extent of any funds or assets received by the Beneficiary from the
Fiduciary hereunder, from and against the Beneficiary's pro rata share of any and all liability
(including attorneys' fees and other costs or expenses of defense) to which the Fiduciary may be
subjected by reason of his administration of the Trust Estate. III comlection with this Release, the
Beneficiary agrees to:
A. Refund or return, promptly upon the Fiduciary's written demand,
any funds or assets distributed by the Fiduciary to the Beneficiary, if the distribution
thereof is determined at any time to have been an erroneous or negligent distribution
to the Beneficiary, whether such error or negligence was or was claimed to have
been premised upon a mistake oflaw or of fact;
B. Modify and displace any otherwise applicable period limiting the
time within which the Fiduciary's action to collect an erroneous or negligent
distribution must be commenced, so as to provide that the Fiduciary need not
commence an action to collect an erroneous or negligent distribution to the
Beneficiary until two (2) years after such time as the Fiduciary shall have obtained
actual knowledge of such error or negligence.
6.
Fiduciary.
Waiver of Accounting. The Beneficiary hereby waives an accounting by the
7. Miscellaneous. The construction, effect, validity and performance of this
Release shall be governed in all respects by the internal substantive law of the Commonwealth of
Pennsylvania.
The provisions of this Release shall be deemed severable in the event that anyone or more
thereof shall be deemed invalid or unenforceable, with the effect that the remaining provisions shall
persist as if such invalid or unenforceable provision had never been a part hereof.
This Release shall bind the Beneficiary and his heirs, representatives, successors and
asSIgnS.
IN WITNESS WHElREOF, the Beneficiary has executed and sealed this Release on the
date first above inscribed in th'e presence of at least two (2) witnesses.
WITNESS:
~<~~~o
-S-/cJ.&/{)J
~
DEBRA A. KELLER
MY COMMISSION # DO 256886
EXPIRES: October 27, 2007
Bonded Thru Notary Public Underwriters
INRE:
ESTATE OF CHARLES T. SCIOrrO,
Deceased
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
No. 0195-2005
RECEIPT. RELEASE, WAIVER OF ACCOUNTING
ANDINDE~TYAGREEMENTFOR
PARTIAL DISTRIBUTION
This Receipt, Release, Waiver of Accounting and Indemnity Agreement for Partial
Distribution (the "Release") is given this _ day of May, 2005, by Steve Sciotto, an adult
individual (the "Beneficiary")., to and in favor of Bruce A. Sciotto, an adult individual, as Executor
of the Estate of Charles T. Sciotto and Trustee of the Charles T. Sciotto Living Trust dated August
1, 1996, and any amendments thereto (collectively, the "Fiduciary").
For the purpose of inducing the Fiduciary to make the distribution described herein and
intending to be legally bound, the Beneficiary hereby represents, warrants, covenants and agrees as
follows:
1. Background. Charles T. Sciotto died on January 19, 2005. The Last Will and
Testament of Charles T. Sciotto was probated on January 27, 2005. The Cumberland County
Register of Wills appointed BlUce A. Sciotto Executor of the Estate on January 27, 2005.
During Charles T. Sciotto's lifetime, he created the Charles T. Sciotto Living Trust dated
August 1, 1996 (the "Trust"). The Death Trustee of the Trust is Bruce A. Sciotto.
2. Bequest. The Beneficiary has the following interest under Article Eight of the
TlUst:
ARTICLE EIGHT
DIVISION Al~D DISTRIBUTION OF TRUST PROPERTY
***
Section 2. Division of Trust Property Into Shares
While, to the extent practical, maintaining any previously established Generation
Skipping Transfer Tax ratios relative to trust property, my Trustee shall divide all
of my Trust Estate nOit previously distributed under.the preceding Articles of my
Trust Agreement (andl for purposes of determining such division and subsequent
distributions shall take into account the exclusion of any descendant as may be
directed in Article One) as follows:
Beneficiary
Share
JAMES A. BYRON, nephew
CARYLE A. BYRON, niece
PATRICK J. CASEY, friend
SUSAN S. THOMAS, niece
B. SCOTT SCIOTTO, nephew
BRUCE D. SCIOTTO, nephew
JEAmrIE SCIOTTO, niece
STEVE SCIOTTO, nephew
CYNDJ[E LUCAS, niece
MICK SCIOTTO, nephew
10%
10%
10%
10%
10%
10%
10%
10%
10%
10%
If any beneficiary named above should die before the distribution of his or her
trust share, such trust share shall lapse and be distributed in equal shares to the
remaining beneficiaries named in this Article; and
3. Disclaimer. On February 10, 2005, Patrick J. Casey executed a Disclaimer and
Renunciation (the "Disclaimer") that was filed with the Fiduciary. In filing such Disclaimer, Mr.
Casey disclaims and renounces his residuary share of the Trust identified in Article Eight.
4. Acknowledgement of Receipt and Release of Fiduciary. The Beneficiary
acknowledges that on or about this day he has received of and from the Fiduciary, a partial
distribution of the residuary bequest from the Trust Estate in the amount of ~ Thousand
Dollars f..$~20,OOO:OO). ~''fi-1
0J.3D/~ f
5. Indemnity AgJreement. The Beneficiary agrees to indemnify the Fiduciary
and hold him harmless, to the: extent of any funds or assets received by the Beneficiary from the
Fiduciary hereunder, from and against the Beneficiary's pro rata share of any and all liability
(including attorneys' fees and other costs or expenses of defense) to which the Fiduciary may be
subjected by reason of his administration of the Trust Estate. In connection with this Release, the
Beneficiary agrees to:
A. Refund or return, promptly upon the Fiduciary's written demand,
any funds or assets dislributed by the Fiduciary to the Beneficiary, if the distribution
thereof is determined at any time to have been an erroneous or negligent distribution
to the Beneficiary, whether such error or negligence was or was claimed to have
been premised upon a mistake of law or of fact;
B. Modify and displace any otherwise applicable period limiting the
time within which the Fiduciary's action to collect an erroneous or negligent
distribution must be commenced, so as to provide that the Fiduciary need not
commence an action to collect an erroneous or negligent distribution to the
Beneficiary until two (2) years after such time as the Fiduciary shall have obtained
actual knowledge of such error or negligence.
INRE:
ESTATE OF CHARLES T. SCIOTIO,
Deceased
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
No. 0195-2005
RECEIPT, RELEASE. WAIVER OF ACCOUNTING
ANn INDEMNITY AGREEMENT FOR
PARTIAL DISTRIBUTION
This Receipt, Release;:, Waiver of Accounting and Indemnity Agreement for Partial
D~stribution (the "Release") JlS given tPis _ day of May, 2005, by Cyndie Lucas, an adult
individual (the "Beneficiary"),. to and in favor of Bruce A. Sciotto, an adult individual, as Executor
of the Estate of Charles T. Sciotto and Trustee of the Charles T. Sciotto Living Trust dated August
1, 1996, and any amendments thereto (collectively, the "Fiduciary").
For the purpose of inducing the Fiduciary to make the distribution described herein and
intending to be legally bound, the Beneficiary hereby represents, warrants, covenants and agrees as
follows:
1. Background. Charles T. Sciotto died on January 19, 2005. The Last Will and
Testament of Charles T. Sciotto was probated on January 27, 2005. The Cumberland County
Register of Wills appointed BIUce A. Sciotto Executor of the Estate on January 27, 2005.
During Charles T. Sciotto's lifetime, he created the Charles T. Sciotto Living Trust dated
August 1, 1996 (the "Trust"). The Death Trustee of the Trust is Bruce A. Sciotto.
2. Bequest. The::: Beneficia..ry has the following interest under Article Eight of the
Trust:
;\...RTICLE EIGHT
DMSION AND DISTRIBUTION OF TRUST PROPERTY
***
Section 2. Division oJfTrust Property Into Shares
While, to the extent practical, maintaining any previously established Generation
Skipping Transfer Tax ratios relative to trust property, my Trustee shall divide all
of my Trust Estate not previously distributed under the preceding Articles of my
Trust Agreement (and for purposes of determining such division and subsequent
distributions shall take into account the exclusion of any descendant as may be
directed in Article One) as follows:
Benefidary
Share
JAMES A. BYRON, nephew
CARYLE A. BYRON, niece
PATRICK J. CASEY, friend
SUSAN S. THOMAS, niece
B. SCOTT SCIOTTO, nephew
BRUCE D. SCIOTTO, nephew
JEANNIE SCIOTTO, niece
STEVE SCIOTTO, nephew
CYNDIE LUCAS, niece
MICK SCIOTTO, nephew
10%
10%
10%
10%
10%
10%
10%
10%
10%
10%
If any beneficiary named above should die before the distribution of his or her
trust share, such trust share shall lapse and be distributed in equal shares to the
remaining beneficiaries named in this Article; and
3. Disclaimer. On February 10, 2005, Patrick J. Casey executed a "Disclaimer and
Renunciation" (the "Disclaimer" that was filed with the Fiduciary. In filing such Disclaimer, Mr.
Casey disclaims and renounces his residuary share of the Trust identified in Article Eight.
4. Acknowledgement of Receipt and Release of Fiduciary. The Beneficiary
acknowledges that on or about this day she has received of and from the Fiduciary, a partial
distribution of the residuary bequest ~.~ . Trust Estate in the amount of ~ Thousand
Doll~OO). ~&>' 000 ~ '7l.,'~1:l
5. Indemnity Agreement. The Beneficiary agrees to indemnify the Fiduciary
and hold him harmless, to tht: extent of any funds or assets received by the Beneficiary from the
Fiduciary hereunder, from and against the Beneficiary's pro rata share of any and all liability
(including attorneys' fees and other costs or expenses of defense) to which the Fiduciary may be
subjected by reason of his administration of the Trust Estate. In connection with this Release, the
Beneficiary agrees to:
A. Refund or return, promptly upon the Fiduciary's written demand,
any funds or assets distributed by the Fiduciary to the Beneficiary, if the distribution
thereof is determined at any time to have been an erroneous or negligent distribution
to the Beneficiary, whether such error or negligence was or was claimed to have
been premised upon a mistake of law or of fact;
B. Modify and displace any otherwise applicable period limiting the
time within which the Fiduciary's action to collect an erroneous or negligent
distribution must be commenced, so as to provide that the Fiduciary need not
commence an action to collect an erroneous or negligent distribution to the
Beneficia,')' until two 1(2) years after such time as the Fiduciary shall have obtained
actual knowledge of such error or negligence.
6.
Fiduciary.
Waiver of Accounting. The Beneficiary hereby waives an accounting by the
7. l\fiscellaneous. The construction, effect, validity and perfonnance of this
Release shall be governed in all respects by t~e internal substantive law of the Commonwealth of
Pennsylvania.
The provisions of this Release shall be deemed severable in the event that anyone or more
thereof shall be deemed invalid or unenforceable, with the effect that the remaining provisions shall
persist as if such invalid or unenforceable provision had never been a part hereof.
This Release shall bind the Beneficiary and her heirs, representatives, successors and
asSIgnS.
IN WITNESS WHEREOF, the Beneficiary has executed and sealed this Release on the
date first above inscribed in the presence of at least two (2) witnesses.
WITNESS:
~F\
---
4C)~~p?/
Cyndie Lucas
\ \.
I' c nJll ~ .
/"f'.tl \./!\...X-..A
./ I
9., . .'(~
/ :c LC\-~'--)
/-
,//
INRE:
ESTATE OF CHARLES T. SCIOTTO,
Deceased
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
No. 0195-2005
RECEIPT. RELEASE. WAIVER OF ACCOUNTING
AN][) INDEMNITY AGREEMENT FOR
PARTIAL DISTRIBUTION
This Receipt, Release, Waiver of Accounting and Indemnity Agreement for Partial
Distribution (the "Release") is given this .l.t.t:L day of May, 2005, by Susan S. Thomas, an adult
individual (the "Beneficiary"), to and in favor of Bruce A. Sciotto, an adult individual, as Executor
of the Estate of Charles T. Sciotto and Trustee of the Charles T. Sciotto Living Trust dated August
1, 1996, and any amendments thereto (collectively, the "Fiduciary").
For the purpose of inducing the Fiduciary to make the distribution described herein and
intending to be legally bound, the Beneficiary hereby represents, warrants, covenants and agrees as
follows:
1. Background. Charles T. Sciotto died on January 19, 2005. The Last Will and
Testament of Charles T. Sciotto was probated on January 27, 2005. The Cumberland County
Register of Wills appointed Bruce A. Sciotto Executor of the Estate on January 27,2005.
During Charles T. Sciotto's lifetime, he created the Charles T. Sciotto Living Trust dated
August 1, 1996 (the "Trust"). The Death Trustee of the Trust is Bruce A. Sciotto.
2. Bequest. The Beneficiary has the following interest under Article Eight of the
Trust:
ARTICLE EIGHT
DI\'ISION Al'l"D DISTRIBUTION OF TRUST PROPERTY
***
Section 2. Division of Trust Property Into Shares
\Vhile, to the extent practical, maintaining any previously established Generation
Skipping Transfer Tax ratios relative to trust property, my Trustee shall divide all
of my Trust Estate not previously distributed under the preceding Articles of my
Trust Agreement (and for purposes of determining such division and subsequent
distributions shall takl~ into account the exclusion of any descendant as may be
directed in Article One) as follows:
Beneficiary
Share
JAMES A. BYRON, nephew
CARYLE A. BYRON, niece
PATRICK J. CASEY, friend
SUSAN S. THOMAS, niece
B. SCOTI SCIOTTO, nephew
BRUCE D. SCIOTTO, nephew
JEANNIE SCIOTIO, niece
STEVE SCIOTTO, nephew
CYNDIE LUCAS, niece
MICK SCIOTIO, nephew
10%
10%
10%
10%
10%
10%
10%
10%
10%
10%
If any beneficiary named above should die before the distribution of his or her
trust share, such trust share shall lapse and be distributed in equal shares to the
remaining beneficiaries named in this Article; and
3. Disclaimer. On February 10, 2005, Patrick J. Casey executed a "Disclaimer and
Renunciation" (the "Disclaimer" that was filed with the Fiduciary. In filing such Disclaimer, Mr.
Casey disclaims and renounces his residuary share of the Trust identified in Article Eight.
4. Acknowledgement of Receipt and Release of Fiduciary. The Beneficiary
acknowledges that on or about this day she has received of and from the Fiduciary, a partial
distribution of the residuary bequest from the Trust Estate in the amount of Twenty Thousand
DOllar~~ (~-;;()
I
5. Indemnity Agreement. The Beneficiary agrees to indemnifY the Fiduciary
and hold him hannless, to the extent of any funds or assets received by the Beneficiary from the
Fiduciary hereunder, from arid against the Beneficiary's pro rata share of any and all liability
(including attorneys' fees and other costs or expenses of defense) to which the Fiduciary may be
subjected by reason of his administration of the Trust Estate. In connection with this Release, the
Beneficiary agrees to:
A. Refund or return, promptly upon the Fiduciary's written demand,
any funds or assets distributed by the Fiduciary to the Beneficiary, if the distribution
thereof is determined at any time to have been an erroneous or negligent distribution
to the Beneficiary, whether such error or negligence was or was claimed to have
been premised upon a mistake oflaw or of fact;
B. ModifY and displace any otherwise applicable period limiting the
time within which the Fiduciary's action to collect an erroneous or negligent
distribution must be eommenced, so as to provide that the Fiduciary need not
commence an action to collect an erroneous or negligent distribution to the
Beneficiary until two (2) years after such time as the Fiduciary shall have obtained
actual knowledge of SUlch error or negligence.
INRE:
ESTATE OF CHARLES T. SCIOrrO,
Deceased
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
No. 0195-2005
RECEIPT. RELEASE. WAIVER OF ACCOUNTING
ANn INDEMNITY AGREEMENT FOR
PARTIAL DISTRIBUTION
This Receipt, Releas1e, Waiver of Accounting and Indemnity Agreement for Partial
Distribution (the "Release") is given this I~ay of May, 2005, by James A. Byron, an adult
individual (the "Beneficiary"), to and in favor of Bruce A. Sciotto, an adult individual, as Executor
of the Estate of Charles T. Sciotto and Trustee of the Charles T. Sciotto Living Trust dated August
1, 1996, and any amendments thereto (collectively, the "Fiduciary").
For the purpose of inducing the Fiduciary to make the distribution described herein and
intending to be legally bound, the Beneficiary hereby represents, warrants, covenants and agrees as
follows:
1. Background. Charles T. Sciotto died on January 19, 2005. The Last Will and
Testament of Charles T. Sciotto was probated on January 27, 2005. The Cumberland County
Register of Wills appointed BlUce A. Sciotto Executor of the Estate on January 27,2005.
During Charles T. Sciotto's lifetime, he created the Charles T. Sciotto Living Trust dated
August 1, 1996 (the "Trust"). The Death TlUstee of the Trust is Bruce A. Sciotto.
Trust:
2. Bequest. The Beneficiary has the following interest under Article Eight of the
ARTICLE EIGHT
DIVISION AJ'\ju DISTRIBUTION OF TRUST PROPERTY
***
Section 2. Division of Trust Property Into Shares
While, to the extent practical, maintaining any previously established Generation
Skipping Transfer Tax ratios relative to trust property, my Trustee shall divide all
of my Trust Estate not previously distributed under the preceding Articles of my
Trust Agreement (and for purposes of determining such division and subsequent
distributions shall take into account the exclusion of any descendant as may be
directed in Article One) as follows:
Benefic~
Share
JAMES A. BYRON, nephew
CARYLE A. BYRON, niece
PATRICK J. CASEY, friend
SUSAN S. THOMAS, niece
B. SCOTT SCIOTTO, nephew
BRUCE D. SCIOTTO, nephew
JEANNIE SCIOTTO, niece
STEVE SCIOTTO, nephew
CYNDIE LUCAS, niece
MICK SCIOTTO, nephew
10%
10%
10%
10%
10%
10%
10%
10%
10%
10%
If any beneficiary named above should die before the distribution of his or her
trust share, such trust share shall lapse and be distributed in equal shares to the
remaining beneficiaries named in this Article; and
3. Disclaimer. Oin February 10, 2005, Patrick J. Casey executed a Disclaimer and
Renunciation (the "Disclaimer") that was filed with the Fiduciary. In filing such Disclaimer, Mr.
Casey disclaims and renounces his residuary share of the Trust identified in Article Eight.
4. Acknowledgement of Receipt and Release of Fiduciary. The Beneficiary
acknowledges that on or about this day he has received of and from the F4ht~-,-- a partial
distributioB/~f the residua.ry bequest from the Trust Estate in the amount of~Thousand ~
Dollars (~OOO.OO). c:7.'~
5. Indemnity Agreement. The Beneficiary agrees to indemrifY the Fiduciarj
and hold him harmless, to the extent of any funds or assets received by the Beneficiary from the
Fiduciary hereunder, from and against the Beneficiary's pro rata share of any and all liability
(including attorneys' fees and other costs or expenses of defense) to which the Fiduciary may be
subjected by reason of his administration of the Trust Estate. In connection with this Release, the
Beneficiary agrees to:
A. Refund or return, promptly upon the Fiduciary's written demand,
any funds or assets distributed by the Fiduciary to the Beneficiary, ifthe distribution
thereof is determined at any time to have been an erroneous or negligent distribution
to the Beneficiary, whether such error or negligence was or was claimed to have
been premised upon a mistake of law or of fact;
B. Modify and displace any otherwise applicable period limiting the
time Wlthm which th(~ Fiduciary's action to collect an erroneous or negligent
distribution must be commenced, so as to provide that the Fiduciary need not
commence an action to collect an erroneous or negligent distribution to the
Beneficiary. until two (2) years after such time as the Fiduciary shall have obtained
actual knowledge of such error or negligence.
6.
Fiduciary.
Waiver of AC1counting. The Beneficiary hereby waives an accounting by the
7. Miscellaneous.. The construction, effect, validity and performance of this
Release shall be governed in all respects by the internal substantive law of the Commonwealth of
Pennsylvania.
The provisions of this Release shall be deemed severable in the event that anyone or more
thereof shall be deemed invalid or unenforceable, with the effect that the remaining provisions shall
persist as if such invalid or unenforceable provision had never been a part hereof.
This Release shall bind the Beneficiary and his heirs, representatives, successors and
asSIgnS.
IN WITNESS WHEREOF, the Beneficiary has executed and sealed this Release on the
date first above inscribed in th(~ presence of at least two (2) witnesses.
WITNESS:
d1~j <1. U41 mU
-D -E-b ""0<... A-, 15 Y co rl.J
~~
6 (Vl" VI ;;
G-( ~,,,L.-.~ -" 11'()- IS-J/L.e-\.
C'-jC\t"'\..c'-j t"v....... *5 '-J i~
INRE:
ESTATE OF CHARLES T. SCIOTIO,
Deceased
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
No. 0195-2005
RECEIPT1 RELEASE~ WAIVER OF ACCOUNTING
AND INDEMNITY AGREEMENT FOR
PARTIAL DISTRIBUTION
This Receipt, Release, Waiver of Accounting and Indemnity Agreement for Partial
Distribution (the "Release") is given this 4th day ofAugust'2005, byDavid B Sciotf<m1 adult
indi"'lidual (the "Beneficiary"), to wd in favor of Bruce /'a" Sciotto, an adult individual, as Executor
of the Estate of Charles T. Sc:iotto and Trustee of the Charles T. Sciotto Living Trust dated August
1, 1996, and any amendments thereto (collectively, the "Fiduciary").
For the purpose of inducing the Fiduciary to make the distribution described herein and
intending to be legally bound, the Beneficiary hereby represents, warrants, covenants and agrees as
follows:
1. Background. Charles T. Sciotto died on January 19, 2005. The Last Will and
Testament of Charles T. Sciotto was probated on January 27, 2005. The Cumberland County
Register of Wills appointed Bruce A. Sciotto Executor of the Estate on January 27,2005.
During Charles T. Seiotto's lifetime, he created the Charles T. Sciotto Living Trust dated
August 1, 1996 (the "Trust"). The Death Trustee of the Trust is Bruce A. Seiotto.
2. Bequest. The Beneficiary has the following interest under Article Eight of the
Trust:
ARTICLE EIGHT
Drv1SiON A1"1) DISTRIBUTION OF TRUST PROPERTY
***
Section 2. Division o1fTrust Property Into Shares
VYbile, to the extent practical, maintaining any previously established Generation
Skipping Transfer Tax ratios relative to trust property, my Trustee shall divide all
of my Trust Estate not previously distributed under the preceding Articles of my
Trust Agreement (and for purposes of determining such division and subsequent
distributions shall take into account the exclusion of any descendant as may be
directed in Article One) as follows:
Benefriciary
Share
JAMES A. BYRON, nephew
CARYLE A. BYRON, niece
PATRICKJ. CASEY, friend
SUSAN S. THOMAS, niece
B. SCOTT SCIOTIO, nephew
BRUCE D. SCIOrrO, nephew
JEANNIE SCIOTIO, niece
STEVE SCIOTIO, nephew
CYNDIE LUCAS, niece
MICK SCIOrrO, nephew
10%
10%
10%
10%
10%
10%
10%
10%
10%
10%
If any beneficiary named above should die before the distribution of his or her
trust share, such trust share shall lapse and be distributed in equal shares to the
remaining beneficiaril~s named in this Article; and
3. Disclaimer. On February 10, 2005, Patrick J. Casey executed a "Disclaimer and
Renunciation" (the "Disclaimer" that was filed with the Fiduciary. In filing such Disclaimer, Mr.
Casey disclaims and renounces his residuary share of the Trust identified in Article Eight.
4. Acknowledgement of Receipt and Release of Fiduciary. The Beneficiary
acknowledges that on or about this day she has received of and from the Fiduciary, a partial
distribution of the residuary bequest from the Trust Estate in the amount of FIVE Thousand
Dollars ($ 0,000.00).
5. Indemnity Ag;reement. The Beneficiary agrees to indemnify the Fiduciary
and hold him harmless, to thl~ extent of any funds or assets received by the Beneficiary from the
Fiduciary hereunder, from and against the Beneficiary's pro rata share of any and all liability
(including attorneys' fees and other costs or expenses of defense) to which the Fiduciary may be
subjected by reason of his administration of the Trust Estate. In connection with this Release, the
Beneficiary agrees to:
A. Refund: or return, promptly upon the Fiduciary's written demand,
any funds or assets distributed by the Fiduciary to the Beneficiary, if the distribution
thereof is determined at any time to have been an erroneous or negligent distribution
to the Beneficiary, whether such error or negligence was or was claimed to have
been premised upon a mistake oflaw or of fact;
B. Modify and displace any otherwise applicable period limiting the
time within which the Fiduciary's action to collect an erroneous or negligent
distribution must be commenced, so as to provide that the Fiduciary need not
commence an action to collect an erroneous or negligent distribution to the
Beneficiary until two {2) years after such time as the Fiduciary shall have obtained
actual knowledge of such error or negligence.
6.
Fiduciary.
Waiver of A(~counting. The Beneficiary hereby waives an accounting by the
7. Miscellaneous. The construction, effect, validity and performance of this
Release shall be governed in all respects by the internal substantive law of the Commonwealth of
Pennsylvania.
The provisions of this Release shall be deemed severable in the event that anyone or more
thereof shall be deemed invalid or unenforceable, with the effect that the remaining provisions shall
persist as if such invalid or un,enforceable provision had never been a part hereof.
This Release shall bilnd the Beneficiary and her heirs, representatives, successors and
asSIgnS.
IN WITNESS \\'lIEREOF, the Beneficiary has executed and sealed this Release on the
date first above inscribed in the presence of at least two (2) witnesses.
\VITN~SS: , j)
rIJiJ f:!--
~B.~
David B. Sciotto
#~~~
__. i~:
ESTATE OF CHARLES T. SCIOTTO,
Deceased
IN lHE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DMSION
No. 0195-2005
RECEIPT. RELEASE. WAIVER OF ACCOUNTING
AND INDEMNITY AGREEMENT FOR
PARTIAL DISTRIBUTION
This Receipt, Release, Waiver of Accounting and Indemnity Agreement for Partial
Distribution (the "Release") is given this 6th day of Jan. 2006 by5teve Sciotto, an adult
:~'~~'idua1 (the "Beneficiary"), tc a!"'d in favor ')f Bf1lC~ .^.. Sciotto, an adult individual, as E::':"CUtor
of the Estate of Charles T. Sciotto and Trustee of the Charles T. Sciotto Living Trust dated August
1, 1996, an,i any amennmer.ts thereto (co;lective~:', tht "Fiduciary')
For the purpose of inducing the Fiduciary to make the distribution described herein and
intending to be legally bound, the Beneficiary hereby represents, warrants, covenants and agrees as
follows:
1. Background. Charles T. Sciotto died on January 19, 2005. The Last Will and
Testament of Charles T. Sciotto was probated on January 27, 2005. The Cumberland County
Register of\Vills appointed Bruce A. Sciotto Executor of the Estate on January 27,2005.
During Charles T. Sciotto's lifetime, he created the Charles T. Sciotto Living Trust dated
.-\ugust 1, 1996 (the "Trust"). The Death Trustee of the Trust is Bruce A. SClottO.
') Bequest. The Beneficiary has the following interest under Article Eight of the
Trust:
ARTICLE EIGHT
DlvlSION .'-\.. "iD DISTRIBL'TION OF TRL"ST PROPERTY
***
Section 2. Division of Trust Property Into Shares
\vnile, to the extent practical, maintaining any previously established Generation
Skipping Transfer Tax ratios relative to trust prop~rt:'.. my Trustee shall divide all
of my Trust Estate not previously distributed und~r the preceding Articles of my
Trust Agreement (and for purposes of determining such division and subsequent
distributions shall take into account the exclusion of any descendant as may be
directed in Article One) as follows:
Beneficiary
Share
JAMES A. BYRON, nephew
CARYLE A. BYRON, niece
PATRlCKJ. CASEY, friend
SUSAN S. THOMAS, niece
B. SCOTT SClOTTO, nephew
BRUCE D. SCIOTTO, nephew
JEANNIE SCIOTTO, niece
STEVE SCIOTTO, nephew
CYNDIE LUCAS, niece
MICK SCIOTTO, nephew
10%
10%
10%
10%
10%
10%
10%
10%
10%
10%
If any beneficiary named above should die before the distribution of his or her
!...rust share, such trust share shall lapse and be distributed in equal shares to the
remaining beneficiaries named in this Article; ii.ilu
3. Disclaimer. On February 10, 2005, Patrick J. Casey executed a "Disclaimer and
Renunciation" (the "Disclaimer" that was filed with the Fiduciary. In filing such Disclaimer, Mr.
Casey disclaims and renounces his residuary share of the Trust identified in Article Eight.
4. Acknowledgement of Receipt and Release of Fiduciary. The Beneficiary
acknowledges that on or about this day she has received of and from the Fiduciary, a partial
distribution of the residuary bequest from the Trust Estate in the amount of twelve Thousand
Dollars (512,000.09.
5. Indemnity Agreement. The Beneficiary agrees to indemnify the Fiduciary
and hold him harmless, to the extent of any funds or assets received by the Beneficiary from the
Fiduciary hereunder, from and against the Beneficiary's pro rata share of any and all liability
(including attorneys' fees and other costs or expenses of defense) to which the Fiduciary may be
subjected by reason of his administration of the Trust Estate. In connection with this Release, the
Beneficiary agrees to:
A. Refund or return, promptly upon the Fiduciary's written demand,
any funds or assets distributed by the Fiduciary to the Beneficiary, if the distribution
thereof is determined at any time to have been an erroneous or negligent distribution
to the Beneficiary, whether such error or negligence was or was claimed to have
been premised upon a mistake oflaw or oftact;
B. Modify and displace any otherwise applicable period limiting the
time within which the Fiduciary's action to collect an erroneous or negligent
distribution must be commenced, so as to provide that the Fiduciary need not
commence an action to collect an erroneous or negligent distribution to the
Beneficiary until two (2) years after such time as the Fiduciary shall have obtained
actual knowledge of such error or negligence.
6.
Fiduciary.
Waiver of Accounting. The Beneficiary hereby waives an accounting by the
7. Miscellaneous. The construction, effect, validity and performance of this
Release shall be governed in all respects by the internal substantive law of the Commonwealth of
Pennsylvania.
The provisions of this Release shall be deemed severable in the event that anyone or more
thereof shall be deemed invalid or unenforceable, with the effect that the remaining provisions shall
persist as if such invalid or unenforceable provision had never been a part hereof.
This Release shall bind the Beneficiary and her heirs, representatives, successors and
asSIgnS.
I:~ \"V1TNESS '-"'HEREOF, the Beneficiary has executed and sealed this Release on the
date tirst aDove mscnbed in the:: presence of at least two (2) witnessl:s.
\VITN~SS:
~~.
G) SHERI GOSSELIN
MY COMMISSION # DO 235732
EXPIRES: October 9, 2007
l-BQO.3-NOTARY Fl Notary Discount Assoc. Co.
........
Steve Sciotto
INRE:
ESTATE OF CHARLES T. SCIOTIO,
Deceased
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL V ANlA
ORPHANS' COURT DIVISION
No. 0195-2005
RECEIPT. RELEASE. WAIVER OF ACCOUNTING
AND INDEMNITY AGREEMENT FOR
PARTIAL DISTRIBUTION
This Receipt, Release, Waiver of Accounting and Indemnity Agreement for Partial
Distribution (the "Release'') is given this 6th day of Jan. 2006 by Cindy Lucas , an adult
~~"..!:''idual (the "Beneficiary"), tc a!'d in faver ')f BpIC~ _^.. Sciotto, an adult individual, as E::~utor
of the Estate of Charles T. Sciotto and Trustee of the Charles T. Sciotto Living Trust dated August
1 .. 0('\<:' -_..3 ~_...- ..,...,....c-~.,......,~t~ +-t....~,...t_~ (Ct,,~l,:J1o~ti,,!~l,_, thp. "r.;.rlll"..;.....~...v"\
.i., J,. ..............~ -...- "'-'''J __"'.__...~.l,...........__.. ...,.~-_.'_...; \. ...,....._-.. .I) - - ---'-----J f~
For the purpose of inducing the Fiduciary to make the distribution described herein and
intending to be legally bound, the Beneficiary hereby represents, warrants, covenants and agrees as
follows:
1. Background. Charles T. Sciotto died on January 19, 2005. The Last Will and
Testament of Charles T. Sciotto was probated on January 27, 2005. The Cumberland County
Register of\\li11s appointed Bruce A. Sciotto Executor of the Estate on January 27, 2005.
During Charles T. Sciotto's lifetime, he created the Charles T. Sciotto Living Trust dated
August I, 1996 (the "Trust"). The Death Trustee of the Trust is Bruce A. Sciotto.
')
Bequest. The Beneficiary has the following interest under Article Eight of the
Trust:
ARTICLE EIGHT
DrvlSION A..~D DISTRlBlTION OF TRLST PROPERTY
***
Section 2. Division of Trust Property Into Shares
\\ nile, to the ex.tent practicaL maintaining any previously established Generarion
Skipping Transfer Tax ratios relative to trust property. my Trustee shall dIvide all
of my Trust Estate not previously distributed under the preceding Articles of my
Trust Agreement (and for purposes of determining such division and subsequent
distributions shall take into account the exclusion of any descendant as may be
directed in Article One) as follows:
Beneficiarv
Share
JAMES A. BYRON, nephew
CARYLE A. BYRON, niece
PATRICKJ. CASEY, friend
SUSAN S. THOMAS, niece
B. SCOTT SCIOTTO, nephew
BRUCE D. SCIOTTO, nephew
JEANNIE SCIOTIO, niece
STEVE SCIOTTO, nephew
CYNDIE LUCAS, niece
MICK SCIOTTO, nephew
10%
10%
10%
10%
10%
10%
10%
10%
10%
10%
If any beneficiary named above should die before the distribution of his or her
trust share, such trust share shall lapse and be distributed in equal shares to the
remaining beneticiaries named ~n this .Artide; and
3. Disclaimer. On February 10, 2005, Patrick J. Casey executed a "Disclaimer and
Renunciation" (the "Disclaimer" that was filed with the Fiduciary. In filing such Disclaimer, Mr.
Casey disclaims and renounces his residuary share of the Trust identified in Article Eight.
4. Acknowledgement of Receipt and Release of Fiduciary. The Beneficiary
acknowledges that on or about this day she has received of and from the Fiduciary, a partial
distribution of the residuary bequest from the Trust Estate in the amount of twelve Thousand
Dollars (i2,OOO.OO).
5. Indemnity Agreement. The Beneficiary agrees to indemnify the Fiduciary
and hold him harmless, to the extent of any funds or assets received by the Beneficiary from the
Fiduciary hereunder, from and against the Beneficiary's pro rata share of any and all liability
(including attorneys' fees and other costs or expenses of defense) to which the Fiduciary may be
subjected by reason of his administration of the Trust Estate. In connection with this Release, the
Beneficiary agrees to:
A. Refund or return, promptly upon the Fiduciary's written demand,
any funds or assets distributed by the Fiduciary to the Beneficiary, if the distribution
thereof is determined at any time to have been an erroneous or negligent distribution
to the Beneficiary, whether such error or negligence was or was claimed to have
been premised upon a mistake oflaw or of fact;
B. Modify and displace any otherwise applicable period limiting the
time within which the Fiduciary's action to collect an erroneous or negligent
distribution must be commenced, so as to provide that the Fiduciary need not
commence an action to collect an erroneous or negligent distribution to the
Beneficiary until two (2) years after such time as the Fiduciary shall have obtained
actual knowledge of such error or negligence.
6.
Fiduciary.
Waiver of Accounting. The Beneficiary hereby waives an accounting by the
7. Miscellaneous. The construction, effect, validity and performance of this
Release shall be governed in all respects by the internal substantive law of the Commonwealth of
Pennsylvania.
The provisions of this Release shall be deemed severable in the event that anyone or more
thereof shall be deemed invalid or unenforceable, with the effect that the remaining provisions shall
persist as if such invalid or unenforceable provision had never been a part hereof.
This Release shall bind the Beneficiary and her heirs, representatives, successors and
asSIgnS.
L~ "'lT~ESS WHEREOF, the Beneficiary has executed and sealed this Release on the
date first above lflscnDed in the presence or at ieast [\"0 \2) wimesst:s.
\VITN~SS:
~LC),PUl
Cynthia Lucas
'--:liS ~ ..L.~} ~_
C34~~J
,
IN RE:
ESTATE OF CHARLES T. SCIOTIO,
Deceased
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
No. 0195-2005
RECEIPT. RELEASE. WAIVER OF ACCOUNTING
AND INDEMNITY AGREEMENT FOR
PARTIAL DISTRIBUTION
This Receipt, Release, Waiver of Accounting and Indemnity Agreement fOf Partial
Distribution (the "Release") is given this 6thday of Jan. 2006 ,bfar1yeA.Byron, an adult
:~"_~:'.;dua1 (the "Reneficia.ry"), te ard in faver ')f Bf1lc~ .^~. Sciotto, an adult individual, as E:::,(:ut:)f
of thp "J::st.-,te "f' rh'lrl~~ T SCl'ott" and Trustpp "f't}>p ('har1ee: T S~;otto T I.V:...... 'Tru"~ ~"L''''': ~ ".~,,,t
...""" ~ .........~ '-' ....o...l.._.v ... \.... __ .......JI.. ~__ - oJ, . .,... ' ___ .......;:;>.... ~I,. __ ....'0.-... ~~.:..> .........
1, 1996, and any amendments thereto (collectively, the "Fiduciary").
For the purpose of inducing the Fiduciary to make the distribution described herein and
intending to be legally bound, the Beneficiary hereby represents, warrants, covenants and agrees as
follows:
]. Background. Charles T. Sciotto died on January 19, :W05. The Last Will and
Testament of Charles T. Sciotto was probated on January 27, 2005. The Cumberland County
Register ofWil1s appointed Bruce A. Sciotto Executor of the Estate on January 27, 2005.
During Charles T. Sciotto's lifetime, he created the Charles T. Sciotto Living Trust dated
August I, 1996 (the "Trust"). The Death Trustee of the Trust is Bruce A. Sciotto.
2. Bequest. The Beneficiary has the following interest under Article Eight of the
Trust:
ARTICLE EIGHT
DiVISiON Al'iD DISTRIBl:TION OF TRUST PROPERTY
***
Section 2. Division of Trust Property Into Shares
\Vhile, to the extent practical, maintaining any previously established Generarion
Skipping Transfer Tax ratios relative to trust property, my Trustee shall divide all
of my Trust Estate not previously distributed under the preceding Articles of my
Trust Agreement (and for purposes of determining such division and subsequent
distributions shall take into account the exclusion of any descendant as may be
directed in Article One) as follows:
Beneficiary
JAMES A. BYRON, nephew
CARYLE A. BYRON, niece
PATRICK J. CASEY, friend
SUSAN S. THOMAS, niece
B. SCOTT SCIOTTO, nephew
BRUCE D. SCIOTTO, nephew
JEANNIE SCIOTIO, niece
STEVE SCIOrrO, nephew
CYNDIE LUCAS, niece
MICK SCIOTTO, nephew
Share
10%
10%
10%
10%
10%
10%
10%
10%
10%
10%
If any beneficiary named above should die before the distribution of his or her
trust share, such trust share shall lapse and be distributed in equal shares to the
remaining beneficiaries named in this Article; and
3. Disclaimer. On February 10, 2005, Patrick J. Casey executed a "Disclaimer and
Renunciation" (the "Disclaimer" that was filed with the Fiduciary. In filing such Disclaimer, Mr.
Casey disclaims and renounces his residuary share of the Trust identified in Article Eight.
4. Acknowledgement of Receipt and Release of Fiduciary. The Beneficiary
acknowledges that on or about this day she has received of and from the Fiduciary, a partial
distribution of the residuary bequest from the Trust Estate in the amount of twelve Thousand
Dollars ($12>>OOO.O~
). Indemnity Agreement. The Beneficiary agrees to indemnify the Fiduciary
and hold him harmless, to the extent of any funds or assets received by the Beneficiary from the
Fiduciary hereunder, from and against the Beneficiary's pro rata share of any and all liability
(including attorneys' fees and other costs or expenses of defense) to which the Fiduciary may be
subjected by reason of his administration of the Trust Estate. In connection with this Release, the
Beneficiary agrees to:
A. Refund or return, promptly upon the Fiduciary's written demand,
any funds or assets distributed by the Fiduciary to the Beneficiary, if the distribution
thereof is determined at any time to have been a.n erroneous or negligent distribution
to the Beneficiary, whether such error or negligence was or was claimed to have
been premised upon a mistake oflaw or of fact;
B. Modi i)' and displace any otherwise applicable period limiting the
time wlthin which the Fiduciary's action to collect an erroneous or negligent
distribution must be commenced, so as to provide that the Fiduciary need nor
commence an action to collect an erroneous or negligent distribution to the
Beneficiary until two (2) years after such time as the Fiduciary shall have obtained
actual k..T'J.owledge of such error or negligence.
6.
Fiduciary.
Waiver of Accounting. The Beneficiary hereby waives an accounting by the
7. Miscellaneous. The construction, effect, validity and perfonnance of this
Release shall be governed in all respects by the internal substantive law of the Commonwealth of
Pennsylvania.
The provisions of this Release shall be deemed severable in the event that anyone or more
thereof shall be deemed invalid or unenforceable, with the effect that the remaining provisions shall
persist as if such invalid or unenforceable provision had never been a part hereof.
This Release shall bind the Beneficiary and her heirs, representatives, successors and
asSIgnS.
L~ ,",lTNESS \\'lIEREOF, the Beneficiary has executed and sealed this Release on the
date firsI above inscribed In me presence or at ieast two (2) witnesses.
\VITN~SS:
~~
Car lye A. Byron
lNRE;
ESTATE OF CHARLES T. SCIOTIO,
Deceased
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
ORPHANS' COURT DIVISION
No. 0195-2005
RECEIPT. RELEASE. W..z\.IVER OF ACCOUNTING
AND INDEMNITY AGREEMENT FOR
PARTIAL DISTRIBUTION
This Receipt, Release, Waiver of Accounting and Indemnity Agreement for Partial
Distribution (the "Release") is given this 6th day opan. 2006 , by Susan s. Th~ adult
~:"_~~'ridual (the "Beneficiary"), tc ard in faver 'JfBmce .^., Sciotto, an adult individual, as E::'?cutar
-:- ::-::':' ? :~~... "~':"'harles T. Sciatto and Trustee of th" Charles T. <:'f';r-.tto T-iv-:.,g- Trust dated i\Ug'.;:;t
-" . ;....,I '-
1, 1996, and any amendments thereto (collectively, the "Fiduciary").
For the purpose of inducing the Fiduciary to make the distribution described herein and
intending to be legally bound, the Beneficiary hereby represents, warrants, covenants and agrees as
follows:
1. Background. Charles T. Sciotto died on January 19, :W05. The Last Will and
Testament of Charles T. Sciotto was probated on January 27, 2005. The Cumberland County
Register of Wills appointed Bruce A. Sciotto Executor of the Estate on January 27,2005.
During Charles T. Sciotto's lifetime, he created the Charles T. Sciotto Living Trust dated
August 1, 1996 (the "Trust"). The Death Trustee of the Trust is Bruce A. Sciotto.
I Bequest. The Beneficiary has the following interest under Article Eight of the
Trust:
ARTICLE EIGHT
Drv1:SI0N .A1'lD DISTRIBlJTION OF TReST PROPERTY
***
Section 2. Division of Trust Property Into Shares
'-"'bile, to the extent practical, maintaining any previously established Generation
Skipping Transfer Tax ratios relative to trust property, my Trustee shall divide all
of my Trust Estate not previously distributed under the preceding Articles of my
Trust Agreement (and for purposes of determining such division and subsequent
distributions shall take into account the exclusion of any descendant as may be
directed in Article One) as follows:
Beneficiary
Share
JAMES A. BYRON, nephew
CARYLE A. BYRON, niece
PATRlCK 1. CASEY, friend
SUSAN S. THOMAS, niece
B. SCOTT SCIOrra, nephew
BRUCE D. SCIOrrO, nephew
JEANNIE SCIOrrO, niece
STEVE SCIOrra, nephew
CYNDIE LUCAS, niece
MICK SCIarrO, nephew
10%
10%
10%
10%
10%
10%
10%
10%
10%
10%
If any beneficiary named above should die before the distribution of his or her
TJst share. such trust share shall lapse and be distributed in equal shares to the
remaining beneficiaries named in this Article; and
3. Disclaimer. On February 10, 2005, Patrick 1. Casey executed a "Disclaimer and
Renunciation" (the "Disclaimer" that was filed with the Fiduciary. In filing such Disclaimer, Mr.
Casey disclaims and renounces his residuary share of the Trust identified in Article Eight.
4. Acknowledgement of Receipt and Release of Fiduciary. The Beneficiary
acknowledges that on or about this day she has received of and from the Fiduciary, a partial
distribution of the residuary bequest from the Trust Estate in the amount of twelve Thousand
Dollars ($ 12,OOO.~
5. Indemnity Agreement. The Beneficiary agrees to indemnify the Fiduciary
and hold him harmless, to the extent of any funds or assets received by the Beneficiary from the
Fiduciary hereunder, from and against the Beneficiary's pro rata share of any and all liability
(including attorneys' fees and other costs or expenses of defense) to which the Fiduciary may be
subjected by reason of his administration of the Trust Estate. In connection with this Release, the
Beneficiary agrees to:
A. Refund or return, promptly upon the Fiduciary's written demand,
any funds or assets distributed by the Fiduciary to the Beneficiary, if the distribution
thereof is determined at any time to have been an erroneous or negligent distribution
to the Beneficiary, whether such error or negligence was or was claimed to have
been premised upon a mistake oflaw or of fact;
B. Modify and displace any otherwise applicable period limiting the
time within which the Fiduciary's action to collect an erroneous or negligent
distribution must be commenced, so as to provide that the Fiduciary need not
commence an action to collect an erroneous or negligent distribution to the
Beneficiary until two (2) years after such time as the Fiduciary shall have obtained
actual knowledge of such error or negligence.
6.
Fiduciary.
Waiver of Accounting. The Beneficiary hereby waives an accounting by the
7. Miscellaneous. The construction, effect, validity and performance of this
Release shall be governed in all respects by the internal substantive law of the Commonwealth of
Pennsylvania.
The provisions of this Release shall be deemed severable in the event that anyone or more
thereof shall be deemed invalid or unenforceable, with the effect that the remaining provisions shall
persist as if such invalid or unenforceable provision had never been a part hereof.
This Release shall bind the Beneficiary and her heirs, representatives, successors and
asSIgnS.
L~ \\'lTNESS "'HEREOF, the Beneficiary has executed and sealed this Release on the
date first above mscnbed III the presence of at ieast twv (L) WItnesses.
'VITN~SS:
KutL r CJJz
//
,/( ~ c;"~."'. /
t-'a'"lA-<Jl"-~) > ~/
~~~~
Susan S. Thomas
INRE:
ESTATE Of CHARLES T. SCIarra,
Deceased
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
No. 0195-2005
RECEIPT, RELEASE. WAIVER OF ACCOUNTING
AND INDEMNITY AGREEMENT FOR
PARTIAL DISTRIBUTION
This Receipt, Release, Waiver of Accounting and Indemnity Agreement for Partial
Distribution (the "Release") is given this 6th day of Jan. 2006 by D.Bruce Sciot;ttln adult
::"~:'ridual (the "Beneficiary"), t(' ar-d in favor 0fBmct' :'__ Sciotto, an adult individual, as E::~cutor
of the Estate of Charles 1. Sciotto and Trustee of the Charles T. Sciotto Living Trust dated August
. '''''6 ..,,..:1 anv am..,.,..:l.,.....,.,..,.,." ther~.~ (~oll~t:=.,"'Iy tt.o "l='.,r1.....;ar''')
:'"r J. -' -' , ar.l...J J "\",r.!...i.'L~.LL",' ~i~i..J ,6LV \, \". .~ t:",.~ ....i '\ _ ) :.lh... .i:.U\J."'~...l ) .
For the purpose of inducing the Fiduciary to make the distribution described herein and
intending to be legally bound, the Beneficiary hereby represents, warrants, covenants and agrees as
follows:
1. Background. Charles T. Sciotto died on January 19, 2005. The Last Will and
Testament of Charles T. Sciotto was probated on January 27, 2005. The Cumberland County
Register of\Vills appointed Bruce A. Sciotto Executor of the Estate on January 27,2005.
During Charles 1. Sciotto's lifetime, he created the Charles T. Sciotto Living Trust dated
.-\ugust 1, 1996 (the "Trust"). The Death Trustee of the Trust is Bruce A. Sciotto.
') Bequest. The Beneficiary has the following interest under Article Eight of the
Trust:
ARTICLE EIGHT
DlvlSION A..~D DISTRIBl:TION OF TRl:ST PROPERTY
***
Section 1. Division of Trust Property Into Shares
"\nile, to the extent practical, maintaining any previously estabiished Generation
Skipping Transfer Tax ratios relative to trust property. my Trustee shall diVIde all
of my Trust Estate not previously distributed under the preceding Articles of my
Trust Agreement (and for purposes of determining such division and subsequent
distributions shall take into account the exclusion of any descendant as may be
directed in Article One) as follows:
Beneficiary
Share
JAMES A, BYRON, nephew
CARYLE A. BYRON, niece
PATRICK J. CASEY, friend
SUSAN S, THOMAS, niece
B. SCOTT SCIOTIO, nephew
BRUCE D. SCIOTTO, nephew
JEANNIE SCIOTIO, niece
STEVE SCIOTIO, nephew
CYNDIE LUCAS, niece
MICK SCIOTIO, nephew
10%
10%
10%
10%
10%
10%
10%
10%
10%
10%
If any beneficiary named above should die before the distribution of his or her
trust share, such trust share shall lapse and be distributed in equal shares to the
remaining beneficiaries named in this Article; and
3. Disclaimer. On February 10, 2005, Patrick J. Casey executed a "Disclaimer and
Renunciation" (the "Disclaimer" that was filed with the Fiduciary. In filing such Disclaimer, Mr.
Casey disclaims and renounces his residuary share of the Trust identified in Article Eight.
4. Acknowledgement of Receipt and Release of Fiduciary. The Beneficiary
acknowledges that on or about this day she has received of and from the Fiduciary, a partial
distribution of the residuary bequest from the Trust Estate in the amount of Seven Thousand
Dollars ($ 7,OOO.oq.
5. Indemnity Agreement. The Beneficiary agrees to indemnify the Fiduciary
and hold him harmless, to the extent of any funds or assets received by the Beneficiary from the
Fiduciary hereunder, from and against the Beneficiary's pro rata share of any and all liability
(including attorneys' fees and other costs or expenses of defense) to which the Fiduciary may be
subjected by reason of his administration of the Trust Estate. In connection with this Release, the
Beneficiary agrees to:
A. Refund or return, promptly upon the Fiduciary's written demand,
any funds or assets distributed by the Fiduciary to the Beneficiary, if the distribution
thereof is determined at any time to have been an erroneous or negligent distribution
to the Beneficiary, whether such error or negligence was or was claimed to have
been premised upon a. mistake oflaw or of fact;
B. Modify and displace any otherwise applicable period limiting the
time within which the Fiduciary's action to collect an erroneous or negligent
distribution must be commenced, so as to provide that the Fiduciary need not
commence an action to collect an erroneous or negligent distribution to the
Beneficiary until two (2) years after such time as the Fiduciary shall have obtained
actual k:lowledge of such error or negligence.
6.
Fiduciary.
Waiver of Accounting. The Beneficiary hereby waives an accounting by the
7. Miscellaneous. The construction, effect, validity and performance of this
Release shall be governed in all respects by the internal substantive law of the Commonwealth of
Pennsylvania.
The provisions of this Release shall be deemed severable in the event that anyone or more
thereof shall be deemed invalid or unenforceable, with the effect that the remaining provisions shall
persist as if such invalid or unenforceable provision had never been a part hereof.
This Release shall bind the Beneficiary and her heirs, representatives, successors and
asSIgnS.
L~ \\'lTNESS WHEREOF, the Beneficiary has executed and sealed this Release on the
date first above Inscribed in the presence of at least two (2) witnesses.
\\';;q %
~-----
D.~..z,.~
D. Bruce Sciotto
~~
n,; RE:
ESTATE OF CHARLES T. SCIOTIO,
Deceased
eN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL V ANlA
ORPHANS' COURT DIVISION
No. 0195-2005
RECEIPT. RELEASE. WAIVER OF ACCOUNTING
AND INDEMNITY AGREEMENT FOR
PARTIAL DISTRIBUTION
This Receipt, Release, Waiver of Accounting and Indemnity Agreement for Partial
Distribution (the "Release") is given this 6th day ofTan. 2006 by Jeannie Sciot,t*an adult
i:'~i'ridua1 (the "Beneficiary''), t(' a!"d in favor 0fBI'llCe- _^_. Sciotta, an adult individual, as E~':"f:Utor
of the Estate of Charles 1. Sciotto and Trustee of the Charles 1. Sciotto Living Trust dated August
~ "'!! ("\t"\~ --~ .,--- ~---:-~..:.-_.~.....t.. t~~,ao-':'- ...-:'....;~~(-"'r:.,;.~~...-..~.. :''h~ ""F:....tUM'""!-.:-:;."
...., ..i.7,,~"'~;......IoL;.J.~'QJ..!...~_._,~....:.~...:~....i.""'J...~...I\~..'-~;:,i......"- 'f""'A.),...U,\.-o _..._ ".......!]).
For the purpose of inducing the Fiduciary to make the distribution described herein and
intending to be legally bound, the Beneficiary hereby represents, warrants, covenants and agrees as
follows:
1. Background. Charles T. Sciotto died on January 19, 2005. The Last Will and
Testament of Charles 1. Sciotto was probated on January 27, 2005. The Cumberland County
Register of\Vills appointed Bruce A. Sciotto Executor of the Estate on January 27,2005.
During Charles 1. Sciotto's lifetime, he created the Charles T. Sciotto Living Trust dated
August 1, 1996 (the "Trust"). The Death Trustee of the Trust is Bruce A. Sciotto.
2. Bequest. The Beneficiary has the following interest under .Miele Eight of the
Trust:
ARTICLE EIGHT
DrvlSION A,'iD DISTRIB"LTION OF TR"LST PROPERTY
***
Section 1. Division of Trust Property Into Shares
\-'vnIle, to the extent practical. maintaining any previously established Generation
Skipping Transfer Tax ratios relative to trust property. my Trustee shall divide all
of my Trust Estate not previously distributed under the preceding .Micles of my
Trust Agreement (and for purposes of determining such division and subsequent
distributions shall take into account the exclusion of any descendant as may be
directed in Article One) as follows:
Beneficiary
Share
JAMES A. BYRON, nephew
CARYLE A. BYRON, niece
PATRICKJ. CASEY, friend
SUSAN S. THOMAS, niece
B. scorr SCIOrrO, nephew
BRUCE D. SCIOrra, nephew
JEANNIE SCIOrrO, niece
STEVE SCIarra, nephew
CYNDIE LUCAS, niece
MICK SCIOrrO, nephew
10%
10%
10%
10%
10%
10%
10%
10%
10%
10%
If any beneficiary named above should die before the distribution of his or her
trust share, such trust share shall lapse and be distributed in equal shares to the
remaining beneficianes named In this Article; and
3. Disclaimer. On February 10, 2005, Patrick J. Casey executed a "Disclaimer and
Renunciation" (the "Disclaimer" that was filed with the Fiduciary. In filing such Disclaimer, Mr.
Casey disclaims and renounces his residuary share of the Trust identified in Article Eight.
4. Acknowledgement of Receipt and Release of Fiduciary. The Beneficiary
acknowledges that on or about this day she has received of and from the Fiduciary, a partial
distribution of the residuary bequest from the Trust Estate in the amount of twelve Thousand
Dollars ($ lZ,OOO.Op.
5. Indemnity Agreement. The Beneficiary agrees to indemnify the Fiduciary
and hold him harmless, to the extent of any funds or assets received by the Beneficiary from the
Fiduciary hereunder, from and against the Beneficiary's pro rata share of any and all liability
(including attorneys' fees and other costs or expenses of defense) to which the Fiduciary may be
subjected by reason of his administration of the Trust Estate. In connection with this Release, the
Beneficiary agrees to:
A. Refund or return, promptly upon the Fiduciary's written demand,
any funds or assets distributed by the Fiduciary to the Beneficiary, if the distribution
thereof is determined at any time to have been an erroneous or negligent distribution
to the Beneficiary, whether such error or negligence was or was claimed to have
been premised upon a mistake oflaw or of fact;
B. Modify and displace any otherwise applicable period limiting the
time within which the Fiduciary's action to collect an erroneous or negligent
distribution must be commenced, so as to provide that the Fiduciary need not
commence an action to collect an erroneous or negligent distribution to the
Beneficiary until two (2) years after such time as the Fiduciary shall have obtained
actual knowledge of such error or negligence.
6.
Fiduciary .
Waiver of Accounting. The Beneficiary hereby waives an accounting by the
7. Miscellaneous. The construction, effect, validity and performance of this
Release shall be governed in all respects by the internal substantive law of the Commonwealth of
Pennsylvania.
The provisions of this Release shall be deemed severable in the event that anyone or more
thereof shall be deemed invalid or unenforceable, with the effect that the remaining provisions shall
persist as if such invalid or unenforceable provision had never been a part hereof
This Release shall bind the Beneficiary and her heirs, representatives, successors and
asSlgnS.
I.N \\-lTNESS \\'lIE,REOF, the Beneficiary has executed and sealed this Release on the
date tltst above mscribeu m nIt: presence or at least two (2) wimes~t::,.
\VITN~SS:
ll~
~
J~tto
INRE:
ESTATE OF CHARLES T. SCIOrrO,
Deceased
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL V ANlA
ORPHANS' COURT DIVISION
No. 0195-2005
RECEIPT. RELEASE. WAIVER OF ACCOUNTING
AND INDEMNITY AGREEMENT FOR
PARTIAL DISTRIBUTION
This Receipt, Release, Waiver of Accounting and Indemnity Agreement for Partial
Distribution (the "Release") is given this 6th day of Jan. 2006 by KickeyP. sciot,un adult
:~'~~:"!dual (the "Beneficiary"), tc a!'d in favor ')f Bruc~ .^_. Sciotto, an adult individual, as E::~cutar
{'of tr.p F<:!:'Ite of C'narles T. Sciotto arId Trustee of the Charle~ T. Sciotto Living Tn]<;t daterl AU~llst
1, 1996, and any amendments thereto (collectively, the "Fiduciary").
For the purpose of inducing the Fiduciary to make the distribution described herein and
intending to be legally bound, the Beneficiary hereby represents, warrants, covenants and agrees as
follows:
1. Background. Charles T. Sciotto died on January 19, 2005. The Last Will and
Testament of Charles T. Sciotto was probated on January 27, 2005. The Cumberland County
Register of Wills appointed Bruce A. Sciotto Executor of the Estate on January 27, 2005.
During Charles T. Sciotto's lifetime, he created the Charles T. Sciotto Living Trust dated
August 1, 1996 (the "Trust"). The Death Trustee of the Trust is Bruce A. Sciotto.
2. Bequest. The Beneficiary has the following interest under Article Eight of the
Trust:
ARTICLE EIGHT
DrvlSiON .~~D DiSTRIBlJ"TION OF TRL'ST PROPERTY
***
Section 2. Division of Trust Property Into Shares
vVhile, to the extent practical, maintaining any previously established Generation
Skipping Transfer Tax ratios relative to trust property, my Trustee shall divide all
of my Trust Estate not previously distributed under the preceding Articles of my
Trust Agreement (and for purposes of determining such division and subsequent
distributions shall take into account the exclusion of any descendant as may be
directed in Article One) as foHows:
Benefi,ciary
Share
JAMES A. BYRON, nephew
CARYLE A. BYRON, niece
PATRICK 1. CASEY, friend
SUSAN S. THOMAS, niece
B. SCOTT SCIaTIa, nephew
BRUCE D. SCIOrrO, nephew
JEANNIE SCIarra, niece
STEVE SCIarra, nephew
CYNDIE LUCAS, niece
MICK SCIaTIO, nephew
10%
10%
10%
10%
10%
10%
10%
10%
10%
10%
If any beneficiary named above should die before the distribution of his or her
trust share, such trust share shall lapse and be distributed in equal shares to the
remaining beneficianes named in this Article; and
3. Disclaimer. On February 10, 2005, Patrick J. Casey executed a "Disclaimer and
Renunciation" (the "Disclaimer" that was filed with the Fiduciary. In filing such Disclaimer, Mr.
Casey disclaims and renounces his residuary share of the Trust identified in Article Eight.
4. Acknowledgement of Receipt and Release of Fiduciary. The Beneficiary
acknowledges that on or about this day she has received of and from the Fiduciary, a partial
distribution of the residuary bequest from the Trust Estate in the amount oft:welve Thousand
Dollars ($ 12,OOO.q~
5. Indemnity Agreement. The Beneficiary agrees to indemnify the Fiduciary
and hold him hannless, to the extent of any funds or assets received by the Beneficiary from the
Fiduciary hereunder, from and against the Beneficiary's pro rata share of any and all liability
(including attorneys' fees and other costs or expenses of defense) to which the Fiduciary may be
subjected by reason of his administration of the Trust Estate. In connection with this Release, the
Beneficiary agrees to:
A. Refund or return, promptly upon the Fiduciary's written demand,
any funds or assets distributed by the Fiduciary to the Beneficiary, if the distribution
thereof is determined at any time to have been an erroneous or negligent distribution
to the Beneficiary, whether such error or negligence was or was claimed to have
been premised upon a mistake of law or of fact;
B. ModifY and displace any otherwise applicable period limiting the
time within which the Fiduciary's action to collect an erroneous or negligent
distribution must be commenced, so as to provide that the Fiduciary need not
commence an action to collect an erroneous or negligent distribution to the
Beneficiary until two (2) years after such time as the Fiduciary shall have obtained
actual kI10wledge of such error or negligence.
6.
Fiduciary.
Waiver of Accounting. The Beneficiary hereby waives an accounting by the
7. Miscellaneous. The construction, effect, validity and performance of this
Release shall be governed in all respects by the internal substantive law of the Commonwealth of
Pennsylvania.
The provisions of this Release shall be deemed severable in the event that anyone or more
thereof shall be deemed invalid or unenforceable, with the effect that the remaining provisions shall
persist as if such invalid or unenforceable provision had never been a part hereof.
This Release shall bind the Beneficiary and her heirs, representatives, successors and
asSIgnS.
L~ \\-lTNESS WHEREOF, the Beneficiary has executed and sealed this Release on the
date tlrst above inscnbed in the presence ot at least !'NO (2) witnesses.
A>~ lK:~..
Michael P. Sciotto
~)1l ~~
INRE:
ESTATE OF CHARLES T. SeIOTTO,
Deceased
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
ORPHANS' COURT DMSION
No. 0195-2005
RECEIF'T. RELEASE. WAIVER OF ACCOUNTING
AND INDEMNITY AGREEMENT FOR
PARTIAL DISTRIBUTION
This Receipt, Release, Waiver of Accounting and Indemnity Agreement for Partial
Distribution (the "Release") is given this 6th day of Jan. 2006 byB. Scott Scioq:<<an adult
:~".:!~''idual (the "Beneficiary"), tc ar'd in favor ')f Bmc~ .^.. Sciotto, an adult individual, as E::~tor
of the Estate of Charles T. Sciotto and Trustee of the Charles T. Sciotto Living Trust dated August
. . "f")'<::: ?_,.l ""'y "'rn~..J-m"""':S th-~..o {~,.,l1---+;"el,., +h"" "l:;rl.1>M'l.r...."\
J>.,. r.. ~ _'v, ~J"'.... ttAl. 0- 1._' .1i';'.U" \w.i.J.1 ._\"r _ ,,"". ,llw\........, -J ~ .,'..... - .r'->I'_'_l_J }.
For the purpose of inducing the Fiduciary to make the distribution described herein and
intending to be legally bound, the Beneficiary hereby represents, warrants, covenants and agrees as
follows:
1. Background. Charles T. Sciotto died on January 19, 2005. The Last Will and
Testament of Charles T. Sc:iotto was probated on January 27, 2005. The Cwnberland County
Register of Wills appointed Bruce A. Sciotto Executor of the Estate on January 27,2005.
During Charles T. Sciotto's lifetime, he created the Charles T. Sciotto Living Trust dated
August 1. 1996 (the "Trust"). The Death Trustee of the Trust is Bruce A. Sciotto.
') Bequest. The Beneficiary has the following interest under Article Eight of the
Trust:
ARTICLE EIGHT
DfvlSION A,. '1D DISTRlBl"TION OF TRl"ST PROPERTY
***
Section 2. Division of Trust Property Into Shares
\\ nile, to the extent pnctical1 m~jntaining any previously ~stabiished Generation
Skipping Tr~msfer Tax ratios relative to trust property. my Trustee shall divide all
of my Trust Estate not previously distributed under the preceding Articles of my
Trust Agreement (and for purposes of determining such division and subsequent
distributions shall take into account the exclusion of any descendant as may be
directed in Article One) as follows:
Beneficiary
Share
JAMES A. BYRON, nephew
CARYLE A. BYRON, niece
PATR1CKJ. CASEY, friend
SUSAN S. THOMAS, niece
B. SCOTT SCIOTTO, nephew
BRUCE D. SCIOrrO, nephew
JEANNIE SCIOTTO, niece
STEVE SCIOTTO, nephew
CYNDIE LUCAS, niece
MICK SCIOTTO, nephew
10%
10%
10%
10%
10%
10%
10%
10%
10%
10%
If any beneficiary muned above should die before the distribution of his or her
trust share, such trust share shall lapse and be distributed in equal shares to the
remaining beneficiaries named III this Article; and
3. Disclaimer. On February 10, 2005, Patrick J. Casey executed a "Disclaimer and
Renunciation" (the "Disclaimer" that was filed with the Fiduciary. In filing such Disclaimer, Mr.
Casey disclaims and renounces his residuary share of the Trust identified in Article Eight.
4. Acknowledg€:ment of Receipt and Release of Fiduciary. The Beneficiary
acknowledges that on or about this day she has received of and from the Fiduciary, a partial
distribution of the residuary bequest from the Trust Estate in the amount of twelve Thousand
Dollars ($12,OOO.O~
5. Indemnity Agreement. The Beneficiary agrees to indemnify the Fiduciary
and hold him harmless, to the extent of any funds or assets received by the Beneficiary from the
Fiduciary hereunder, from and against the Beneficiary's pro rata share of any and all liability
(including attorneys' fees and other costs or expenses of defense) to which the Fiduciary may be
subjected by reason of his administration of the Trust Estate. In connection with this Release, the
Beneficiary agrees to:
A. Refund or rerum, promptly upon the Fiduciary's written dema..'1d,
any funds or assets distributed by the Fiduciary to the Beneficiary, if the distribution
thereof is determined at any time to have been an erroneous or negligent distribution
to the Beneficiary, whether such error or negligence was or was claimed to have
been premised upon a mistake oflaw or of fact;
B. Modify and displace any otherwise applicable period limiting the
time within which the Fiduciary's action to collect an erroneous or negligent
distribution must be commenced, so as to provide that the Fiduciary need not
commence an action to collect an erroneous or negligent distribution to the
Beneficiary until two (2) years after such time as the Fiduciary shall have obtained
actual knowledge of such error or negligence.
6.
Fiduciary.
Waiver of Accounting. The Beneficiary hereby waives an accounting by the
7. Miscellaneollls. The construction, effect, validity and performance of this
Release shall be governed in all respects by the internal substantive law of the Commonwealth of
Pennsylvania.
The provisions of this Release shall be deemed severable in the event that anyone or more
thereof shall be deemed invalid or unenforceable, with the effect that the remaining provisions shall
persist as if such invalid or w1enforceable provision had never been a part hereof.
This Release shall bind the Beneficiary and her heirs, representatives, successors and
asSIgnS.
L~ 'W1TNESS WHI~REOF, the Beneticiary has executed and sealed this Release on the
<..iaLe tirst above Inscnbed in the pn;~Cl1\..'_ \.JL' at least t..vo ~2) wiinesses.
\VITN~SS:
'-
~~ -She\~ 10tce-(::
J / ,',.U....." B
I ........" EY I< A""" .
i . ...... G.~ 'Vi)' '"
I ~ ~ ....... ...,
7& L /J/lv~ I ~ ..~~couNrj:..~~"
. ~ ~.~ '~. ':
:: ~ ~ ~
::!S: a:::
=*~ :b:*=
:: c My (\............... &:.......inv. : =
_ . UUJUUJ. ~G;) . ,.
't .... July 28, 2009 ..- i
~ A_ . .e r... ~
~ -"'0 ........... ~ ~
..", ')-: a.v ~
"". '" Oy 0>1.;"" ,."
4',,#, f""l or'"' ~..'
"."..{JIiI1"'I'!>/'lf:fl1l0t0S'lt".
Qkh~
Scott
Sciotto
lNRE:
E~TATE OF CHARLES T. SCIOTIO,
Deceased
TN THE COURT OF COMMON PLEAS
CUMBERLAND COUNIY, PENNSYL V ANlA
ORPHANS' COURT DIVISION
No. 0195-2005
RECEIPT. RELEASE. WAIVER OF ACCOUNTING
AND INDEMNITY AGREEMENT FOR
PARTIAL DISTRIBUTION
TIlls Receipt, Release, Waiver of Accounting and Indemnity Agreement for Partial
Distribution (the "Release") is given this 6th day of Jan. 2006 by Jamie Byron ,an adult
:~'~~~'r1dual (the "Beneficiary"), tc a!"d in favC'f ')fBruc~ .^.. Sciotto, an adult individual, as E::~t::>r
of the Estate of Charles T. Selotto and Trustee of the Charles T. Sciotto Living Trust dated August
. ,,('\.r\~ .,..._-1 ...._-- ....--,~~_,-~r'I. ,.,:t....,.,.,...o..., (,.._11~~TI'p.t...., ..1..."", "l:'l.du-.:.....-.",
.:.., ! '::':-......, .....w.....---J .,,&J.....L\;,.rJ..1..............__... --->',-...'~ \...... \ " .& _,,-"l,,,,, I. ......J, , .._..a. \.................J;6
For the purpose of inducing the Fiduciary to make the distribution described herein and
intending to be legally bound, the Beneficiary hereby represents, warrants, covenants and agrees as
follows:
1. Background. Charles T. Sciotto died on January 19, 2005. The Last Will and
Testament of Charles T. Sciotto was probated on January 27, 2005. The Cumberland County
Register of\Vills appointed Bruce A. Sciotto Executor of the Estate on January 27,2005.
During Charles T. Sciotto's lifetime, he created the Charles T. Seiotto Living Trust dated
A.ugust 1, 1996 (the "Trust"). The Death Trustee of the Trust is Bruce A. Seiotto.
J Bequest. The Beneficiary has the following interest under Article Eight of the
Trust:
ARTICLE EIGHT
DI.1SION ..c\..'iD DISTRIBCTI0N OF TReST PROPERTY
***
Section:2. Division of Trust Property Into Shares
\\ nile, to the extent practical, maintaining any previously established Generation
Skipping Transfer Tax ratios relative to trust prop~rty. my Trustee shall divide all
of my Trust Estate not previously distribut~d under the preceding Articles of my
Trust Agreement (and for purposes of determining such division and subsequent
distributions shall take into account the exclusion of any descendant as may be
directed in Article Onc~) as follows:
Benefidary
Share
JAMES A. BYRON, nephew
CARYlLE A. BYRON, niece
PATRICK J. CASEY, friend
SUSAN S. THOMAS, niece
B. SCOTT SCIOTTO, nephew
BRUCE D. SCIOTTO, nephew
JEANNIE SCIOTTO, niece
STEVE SCIOTTO, nephew
CYNDIE LUCAS, niece
MICK SCIOTIO, nephew
10%
10%
10%
10%
10%
10%
10%
10%
10%
10%
If any beneficiary named above should die before the distribution of his or her
trust share, such trust share shall lapse and be distributed in equal shares to the
remaining beneficiarie:s named in this Article; and
3. Disclaimer. On February 10, 2005, Patrick J. Casey executed a "Disclaimer and
Renunciation" (the "Disclaimer" that was filed with the Fiduciary. In filing such Disclaimer, ~.
Casey disclaims and renounces his residuary share of the Trust identified in Article Eight.
4. Acknowledgement of Receipt and Release of Fiduciary. The Beneficiary
acknowledges that on or about this day she has received of and from the Fiduciary, a partial
distribution of the residuary bequest from the Trust Estate in the amount ofi:welve Thousand
Dollars ($12,OOO.op.
). Indemnity Agreement. The .Beneficiary agrees to indemnify the Fiduciary
and hold him hannless, to the extent of any funds or assets received by the Beneficiary from the
Fiduciary hereunder, from arid against the Beneficiary's pro rata share of any and all liability
(including attorneys' fees and other costs or expenses of defense) to which the Fiduciary may be
subjected by reason of his administration of the Trust Estate. In connection with this Release, the
Beneficiary agrees to:
A. Renm.d or return, promptly upon the Fiduciary's written demand.
any funds or assets distributed by the Fiduciary to the Beneficiary, if the distribution
thereof is determined at any time to have been an erroneous or negligent distribution
to the Beneficiary, whether such error or negligence was or was claimed to have
been premised upon a mistake of law or of fact;
B. Modify and displace any otherwise applicable period limiting the
time within which the Fiduciary's action to collect an erroneous or negligent
distribution must be commenced, so as to provide that the Fiduciary need not'
commence an action to collect an erroneous or negligent distribution to the
Beneficiary until two (2) years after such time as the Fiduciary shall have obtained
actual knowledge of such error or negligence.
6.
Fiduciary.
Waiver of Accounting. The Beneficiary hereby waives an accounting by the
'I
~
I
7. Miscellaneous. The construction, effect, validity and performance of this
Release shall be governed in all respects by the internal substantive law of the Commonwealth of
Pennsylvania.
The provisions of this Release shall be deemed severable in the event that anyone or more
thereof shall be deemed invalid or unenforceable, with the effect that the remaining provisions shall
persist as if such invalid or unenforceable provision had never been a part hereof.
This Release shall bind lhe Beneficiary and her heirs, representatives, successors and
asSIgnS.
LI\i \\-lTNESS \\-'HEREOF, the Beneficiary has executed and sealed this Release on the
date tirst above inscribt:d in the presence Ot at least two ~'::J WIUlesses.
\VITN~SS:
~ ~,,-J~
~ w" '0... rd.~
X=-)\f () S~ ~ 17;..) J.... tU 1)0- ,
~1't.;4 ,)c/d/
~~
VJamie Byron
Od/t
EVELA So 'WEEIC8, NOTARY PUBLIC
In and For the State of Ohio
My CommiBaion Expires September 2, 2008