Loading...
HomeMy WebLinkAbout07-23-07 ~ . --.J 15D5bDlflllf7 REV-1500 EX (06-05) PA Department of Revenue Bureau of Individual Taxes PO BOX.280601 Harrisburg, PA 17128-0601 ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death OFFICIAL USE ONLY County Code Year File Number INHERITANCE TAX RETURN RESIDENT DECEDENT 2 1 0 6 1056 Date of Birth 052229140 10232006 01291930 Decedent's Last Name Suffix Decedent's First Name BIRRELL ROBERT MI W (If Applicable) Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Spouse's First Name MI Spouse's Social Security Number THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS FILL IN APPROPRIATE OVALS BELOW [!] 1. Original Return D 2. Supplemental Return D 3. Remainder Return (date of death prior to 12-13-82) D 4. Limited Estate D 4a. Future Interest Compromise [K] 5. Federal Estate Tax Return Required (date of death after 12-12-82) [!] 6. Decedent Died Testate D 7. Decedent Maintained a Living Trust 1 8. Total Number of Safe Deposit Boxes (Attach Copy of Will) (Attach Copy of Trust) D 9. Litigation Proceeds Received D 1 O. ~~t~;:~ ~~~j~~g~~t1(~~1f5)f death D 11. Election to tax under Sec. 9113(A) (Attach Sch. 0) ~ORRESPONDENT.. THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: ame.. Daytime Telephone Number JAMES D. HUGHES ESQ. 7172496333 ~":2 t........) c:-;-=:~., (.;l -..I Firm Name (If Applicable) SALZMANN HUGHES PC . .~l <- REGISTER OFW\I.J.~~ USE OIlIL Y I ~"- ~_c r- ,on N c....) ........ ~ First line of address 354 ALEXANDER' SPRING ROAD, Second line of address N City or Post Office CARLISLE DATE FILED State PA ZIP Code 17015 Correspondent's e-mail address: Under penalties of perjury, J declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct and complete. claration of preparer other than the personal representative is based on all information of which preparer has any knowledge. SI URE OF PERSON RES NSI LE FOR FILlN ETURN DATE ~ Bruce E. Birrell 2,] L? ADDRESS ourt, Odenton, MD 21113 R OTHER THAN REPRESENTATIVE James D. Hughes Esq. "1 ander Spring Road, Suite 1, Carlisle, PA 17015 Side 1 15D5bDlflllf7 lSDSbDlfl1lf7 --.J~ ESTATE OF Birrell, Robert W. PA Inheritance Tax Return Signature of Additional Fiduciaries FILE NUMBER 21-06-1056 Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct and complete. Declaration of preparer other than the personal representative is based on all information of which preparer has any knowledge. Signature #2 Name Address1 Address2 City, State, Zip Date Bonnie L. Birrell 2420 Asbury Commons "=ips (0'7 REV-1500 EX Page 3 Decedent's Complete Address: File Number 21-06-1056 DECEDENT'S NAME Robert W. Birrell STREET ADDRESS 632 Yorkshire Drive CITY I STATE IZIP Carlisle PA 17013 Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) 2. Credits/Payments A. Spousal Poverty Credit 8. Prior Payments C. Discount 153,798.26 (1 ) 125,000.00 6,578.95 131,578.95 3. Interest/Penalty if applicable D. Interest E. Penalty Total Credits (A + 8 + C) (2) Total Interest/Penalty (0 + E) 4. If Line 2 is greater than Line 1 + Line 3. enter the difference. This is the OVERPAYMENT. Check box on Page 2 Line 20 to request a refund 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. A. Enter the interest on the tax due. 8. Enter the total of Line 5 + SA. This is the BALANCE DUE. (3) (4) (5) 22,219.31 (SA) (58) 22,219.31 Make Check Payable to: REGISTER OF WILLS, AGENT PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS o 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death?......... D 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation?..................................................................................................................... 0 D IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. 1. Did decedent make a transfer and: a. retain the use or income of the property transferred;.................................................................................. b. retain the right to designate who shall use the prop'erty transferred or its income;.................................... c. retain a reversionary interest; or.................................................................................................................. d. receive the promise for life of either payments, benefits or care?.............................................................. 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration?................................................................................................. ..................... Yes D D D D No [!] [!] [!] [!] D [!] For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is three (3) percent [72 P.S. 99116 (a) (1.1) (i)]. For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is zero (0) percent [72 P.S. 99116 (a) (1.1) (ii)]. The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary. For dates of death on or after July 1, 2000: The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent, an adoptive parent, or a stepparent of the child is zero (0) percent [72 P.S. 99116 (a) (1.2)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is four and one-half (4.5) percent, except as noted in 72 P.S. 99116 1.2) [72 P.S. 99116 (a) (1 )]. The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is twelve (12) percent [72 P.S. 99116 (a) (1.3)]. A sibling is defined under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. ---I 15056042148 REV-1500 EX Decedenl'sName: Robert W. Birrell Decedent's Social Security Number 052229140 RECAPITULATION 1. Real Estate (Schedule A).......................................................................................... 1. 2. Stocks and Bonds (Schedule B)............................................................................... 2. 3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C).......... 3. 4. Mortgages & Notes Receivable (Schedule D).......................................................... 4. 5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E)................ 5. 6. Jointly Owned Property (Schedule F) 0 Separate Billing Requested............. 6. 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (Schedule G) 0 Separate Billing Requested............. 7. B. Total Gr.oss Assets (total Lines 1-7)....................................................................... B. 303,000.00 2 , 068,080.30 120.00 645,169.55 352,023.42 150,422.01 158,337.86 3 , 677,153.14 246,776.27 12,637.70 259,413.97 3,417,739.17 9. Funeral Expenses & Administrative Costs (Schedule H)......................................... 9. 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I)................................ 10. 11. Total Deductions (total Lines 9 & 10)...................................................................... 11. 12. Net Value of Estate (Line B minus Line 11 )............................................................. 12. 13. Charitable and Governmental Bequests/See 9113 Trusts for which an election to tax has hot been made (Schedule J).....................................,........:.. 13. 14. Net Value Subject to Tax (Line 12 minus Line 13)................................................. 14. TAX COMPUTATION - SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, of transfers under Sec. 9116 (a)(1.2)X ~ 0 . 00 15. 16. Amount of Line 14 taxable at lineal rate X .045 3 , 417 , 739 . 1.7 16. 17. Amount of Line 14 taxable atsiblingrateX.12 0.00 17. 1 B. Amount of Line 14 taxable at collateral rate X .15 0 . 0 0 1 B. 19. Tax Due..................................................................................................................... 19. 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT. ~..b <'0 ~~0 " ~~P:cd' ~ ~~/ '~ (i3CC Side 2 15056042148 3,417,739.17 o . 0 0 153,798.26 o . 00 o . 0 0 153,798.26 D 15056042148 ---I Rev-150i EX+ (6-98) . SCHEDULE A REAL ESTATE COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Birrell, Robert W. FILE NUMBER 21-06-1056 All real property owned solely or as a tenant in common must be reported at fair market value. Fair market value is defined as the price at which property would be exchanged between a willing buyer and a willing seller, neither being compelled to buy or sell, both having reasonable knowledge of the relevant facts. Real property which is jointly-owned with right of survivorship must be disclosed on schedule F. ITEM NUMBER DESCRIPTION VALUE AT DATE OF DEATH 1 632 Yorkshire Drive, Carlisle Borough, Cumberland County, Pennsylvania 303,000.00 TOTAL (Also enter on Line 1, Recapitulation) 303,000.00 (If more space is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule A (Rev. 6-98) , Rev-1SO. EX+ (6-98) *' SCHEDULE B STOCKS & BONDS COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT Birrell, Robert W. FILE NUMBER 21-06-1056 ESTATE OF All property jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM CUSIP VALUE AT DATE NUMBER NUMBER DESCRIPTION UNIT VALUE OF DEATH 1 142339100 3,200 shares of Carlisle Companies Inc - Com 89.26 285,632.00 2 Citigroup Global Markets - mutual fund account 140,859.70 3 344849104 400 shares of Foot Locker Inc - Com 23.34 9,336.00 4 Lincoln Financial Advisors Corp. - mutual funds 1,267,462.35 5 724479100 444 shares of Pitney Bowes Inc - Com 46.56 20,672.64 6 693506107 4,261.024 shares of PPG Industries Inc - Com 68.84 293,328.89 7 767754104 2,000 shares of Rite Aid Corp - Com 4.37 8,740.00 8 902124106 1,442 shares of Tyco Inti Ltd New - Com 29.16 42,048.72 TOTAL (Also enter on Line 2, Recapitulation) 2.068,080.30 (If more space is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule B (Rev. 6-98) Rev-150~EX+ (6-98) SCHEDULE C CLOSEL V-HELD CORPORATION, PARTNERSHIP OR SOLE-PROPRIETORSHIP COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Birrell, Robert W. FILE NUMBER 21-06-1056 Schedule C-1 or C-2 (Including all supporting information) must be attached for each closely-held corporation/partnership interest of the decedent, other than a sole-proprietorship. See instructions for the supporting information to be submitted for sole-proprietorships. ITEM NUMBER DESCRIPTION 1 Technology Funding - limited partner unit VALUE AT DATE OF DEATH 120.00 TOTAL (Also enter on Line 3, Recapitulation) 120.00 (If more space is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule C (Rev. 6-98) , Rev-150~ EX+ (6-98) SCHEDULE D MORTGAGES & NOTES RECEIVABLE COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETLRN RESIDENT DECEDENT ESTATE OF Birrell, Robert W. FILE NUMBER 21-06-1056 All property jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM NUMBER DESCRIPTION 1 Elizabeth Darcie Corbin Living Trust - North Point Note & Mortgage VALUE AT DATE OF DEATH 164,303.13 2 Elizabeth Darcie Corbin Living Trust - North Point Promissory Note 389,153.28 3 Prospect Point Cottages LLC - Note & Mortgage due; dated 07/08/1998, $300,000.00 91,713.14 TOTAL (Also enter on Line 4, Recapitulation) 645,169.55 (If more space is needed. additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule D (Rev. 6-98) , Rev-150IItEX+ (6-98) ~ ~ SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Birrell, Robert W. FILE NUMBER 21-06-1056 Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointly-owned with the right of survivorship must be disclosed on schedule F. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1 Citizens Bank - checking account #6204299755 55,161.48 2 Citizens Bank - checking account #6210990847 41,807.31 3 Citizens Bank - checking account #6100728978 26,264.63 4 2000 Mecury Grand Marquis - sold 2,000.00 5 Coin collection 9,500.00 6 Miscellaneous household goods 7,000.00 7 Stamp collection - (sold at auction) 143,175.00 8 Wild game collection 67,115.00 TOTAL (Also enter on Line 5, Recapitulation) 352,023.42 (If more space is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule E (Rev. 6-98) Rev-15041 EX+ (6-98) SCHEDULE F JOINTL V-OWNED PROPERTY COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Birrell, Robert W. FILE NUMBER 21-06-1056 If an asset was made joint within one year of the decedent's date of death, it must be reported on schedule G. SURVIVING JOINT TENANT(S) NAME A. Bruce E. Birrell ADDRESS RELATIONSHIP TO DECEDENT Son 702 Rock Elm Court Odenton, MD 21113 B. C. JOINTLY OWNED PROPERTY: DESCRIPTION OF PROPERTY %OF DATE OF DEATH LETTER DATE ITEM FOR JOINT MADE INCLUDE NAME OF FINANCIAL INSTITUTION AND BANK ACCOUNT DATE OF DEATH DECD'S VALUE OF NUMBER NUMBER OR SIMILAR iDENTIFYING NUMBER. ATTACH DEED FOR VALUE OF ASSET DECEDENT'S iNTEREST TENANT JOINT JOINTLY-HELD REAL ESTATE. INTEREST 1 A 10/2/2006 Citizens Bank - certificate of deposit 50.140.67 100.000% 50.140.67 #6249182557 2 A 10/2/2006 Citizens Bank - certificate of deposit 50,140.67 100.000% 50.140.67 #6249182565 3 A 10/2/2006 Citizens Bank - certificate of deposit 50.140.67 100.000% 50.140.67 #6249182573 TOTAL (Also enter on Line 6. Recapitulation) 150.422.01 (If more space is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule F (Rev. 6-98) Rev-151~ EX+ (6-98) '* SCHEDULE G INTER-VIVOS TRANSFERS & MISC. NON-PROBATE PROPERTY COMMONWEALTH OF PENNSYlVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Birrell, Robert W. FILE NUMBER 21-06-1056 This schedule must be completed and filed if the answer to any of questions 1 through 4 on the reverse side of the REV-1500 COVER SHEET is yes. ITEM DESCRIPTION OF PROPERTY DATE OF DEATH % OF DECO'S EXCLUSION TAXABLE NUMBER INCLUDE NAME OF TRANSFEREE, THEIR RELATIONSHIP TO DECEDENT AND VALUE OF ASSET INTEREST (IF APPLICABLE) VALUE THE DATE OF TRANSFER. ATTACH A COPY OF THE DEED FOR REAL ESTATE. 1 Transamerica Life Insurance Company - Annuity 19.411.15 19.411.15 #26252282; payable 1/3 to each child 2 Bruce Birrell - cash gift 10/05/2006; son 22.244.55 22.244.55 3 . Bruce Birrell - cash gift 09/21/2006; son 9.000.00 100.000 3.000.00 6.000.00 4 Mellon Client Services Group - Robert W. Birrell 110.682.16 110.682.16 Trust Under Agmt dated 02/07/1986; account #10171012BN6 TOTAL (Also enter on Line 7; Recapitulation) 158.337.86 (If more space is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule G (Rev. 6-98) REV-115,1 EX+ (12-99) . SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Birrell, Robert W. FILE NUMBER 21-06-1056 Debts of decedent must be reported on Schedule I. ITEM NUMBER A. FUNERAL EXPENSES: DESCRIPTION AMOUNT See continuation schedule(s) attached 1,789.20 B. 1. ADMINISTRATIVE COSTS: Personal Representative's Commissions Bruce E. Birrell Social Security Number(s) I EIN Number of Personal Representative(s): 175-64-0290 Street Address 702 Rock Elm Court City Odenton Year(s) Commission paid 2007 State MD Zip 21113 100,000.00 2. Attorney's Fees SALZMANN HUGHES PC 105,700.00 3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Street Address City Relationship of Claimant to Decedent State Zip 4. Probate Fees 1,230.00 5. Accountant's Fees 1,500.00 6. Tax Return Preparer's Fees 7. Other Administrative Costs 36,557.07 See continuation schedule(s) attached TOTAL (Also enter on line 9, Recapitulation) 246,776.27 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule H (Rev. 6-98) , Rev-150i EX+ (6-98) SCHEDULE H.A FUNERAL EXPENSES continued COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Birrell, Robert W. FILE NUMBER 21-06-1056 ITEM NUMBER DESCRIPTION AMOUNT 1 Hoffman Roth Funeral Home 1.789.20 Subtotal 1.789.20 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule H-A (Rev. 6-98) , Rev-1SO:l EX+ (6-98) . SCHEDULE H.B7 OTHER ADMINISTRATIVE COSTS continued COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Birrell, Robert W. FILE NUMBER 21-06-1056 ITEM NUMBER DESCRIPTION AMOUNT 1 Cumberland Law Journal - estate notice publication 75.00 2 Diversified Appraisal Services 300.00 3 H.R. Harmer Inc. - stamp sale commission 12.592.50 4 Lolli Brothers Auction - (wild game commission) 12.354.75 5 Manning Auctions Inc. - stamp sale commission 8.883.75 6 Register of Wills - short certificates 50.00 7 Register of Wills - filing fees 35.00 8 Snyders Lawn Care 2.100.00 9 The Sentinel - Legal - estate notice publication 166.07 Subtotal 36.557.07 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule H-B7 (Rev. 6-98) Rev-151;! EX+ (6-98) ~.'" ~ SCHEDULE I DEBTS OF DECEDENT, MORTGAGE LIABILITIES, & LIENS COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Birrell, Robert W. FILE NUMBER 21-06-1056 Include unreimbursed medical expenses, ITEM NUMBER DESCRIPTION 1 Borough of Carlisle - water/sewer VALUE AT DATE OF DEATH 186.02 2 Comcast Cable 129.57 3 Continuing Care RX 475.13 4 Cumberland Crossings 88.70 5 Embarq 252.62 6 PA Dept. of Revenue - estimated tax payment due 800.00 7 PA Dept of Revenue - 2006 income tax due 1,800.00 8 PPL 1,213.18 9 Register of Wills - exemplified copies 40.00 10 TrueGreen Chemical 152.48 11 US Treasury - estimated tax payment due 7,500.00 TOTAL (Also enter on Line 10, Recapitulation) 12,637.70 (If more space is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group. Inc, Form PA-1500 Schedule I (Rev. 6-98) REV-15t3 EX+ (9.QO) *' SCHEDULE .. BENEFICIARIES COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF NUMBER Birrell, Robert W. NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY TAXABLE DISTRIBUTIONS [include outright spousal Oistributions, and transfers under Sec. 9116(a)(1.2)] FilE NUMBER 21-06-1056 I. RELATIONSHiP TO DECEDENT 00 Not List Trustee(s) SHARE OF ESTATE AMOUNT OF ESTATE (Words) ($$$) Bonnie L. Birrell 2420 Asbury Commons Dunwoody,PA 30338 Daughter 1/3 remainder Bruce E. Birrell 702 Rock Elm Court Odenton, MD 21113 Son 1/3 remainder Kenneth A. Birrell 1620 E Jefferson St. Apt 406 Rockville, MD 20852 Son 1/3 remainder Total Enter dollar amounts for distributions shown above on lines 15 through 18, as appropriate, on Rev 1500 cover sheet II. NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX is NOT BEING MADE B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OF PART 11- ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET 0.00 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule J (Rev. 6-98) LAST Jf7LL AND TEST AkfENT I, ROBERT \V. BIRRELL, of Carlisle, Cumberland County, Pennsylvania, being of sound mind, disposing memory and full legal age, do hereby make, publish and declare this instrument to be my Last Will and Testament, hereby expressly revoking all Wills and Codicils heretofore made by me. ONE: I direct my Executor or Executrix, as the case may be, to pay all of my debts, funeral and administrative expenses as soon as may be done conveniently after my decease. Furthermore, I direct that all state, inheritance, succession and other death taxes imposed or payable by reason of my death and all interest and penalties thereon with respect to all property composing of my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid by the Executor or Executrix of my estate. TWO: My Executor or Executrix may, at his or her discretion, compromise claims, borrow money, retain property for such length of time as he or she may deem proper; lease and sell property for such prices, on such terms, at public or private sales, as he or she may deem proper; and invest estate property and income without restriction to legal investments unless otherwise provided hereunder. I authorize and empower my Executor or Executrix to sell any realty and/or personalty owned by me at my death and not specifically devised or bequeathed herein, at public or private sale or sales and to give good and sufficient deeds and/or bills of sale therefor, in fee simple, as I could do if living. My Executor or Executrix is authorized and empowered to engage in any business in which I may be engaged at my death, for such period of time after my death as seems expedient to said Executor or Executrix. Idrl THREE: Subject to the provisions of Paragraph Four hereof, I hereby give, devise and bequeath all of my estate of whatever nature and wherever situate, in equal shares, to my children, Kenneth A. Birrell, Bonnie L. Birrell and Bruce E. Birrell, per stirpes, which provides that the child or children of any deceased child shall take the share their parent would have taken if living. Notwithstanding the above, in the event that any of my children are not subject to the provisions of Paragraph Four hereof and predecease me or disclaim any interest in my estate without living issue, then in that event, their respective share shall be divided equally between his or her other brothers and sisters as stated herein, per stirpes. If there are no other children or their living issue then living, then my estate shall be distributed to my next of kin then living as would be determined by the current laws of intestacy within the Commonwealth of Pennsylvania at the time of my death. FOUR: If any of my children or any other beneficiaries inheriting hereunder are under the age of thirty-five (35) years at the time of my death, then all of the said child's or beneficiary's share hereunder shall be held in trust by the hereinafter named Trustee according to the following terms and conditions: Upon the creation of this Trust, the Trustee shall divide this trust principal into individual shares in the name of each child or beneficiary in the amount equal to the amount that said child or beneficiary inherited hereunder. The Trustee, as well as my personal representative, is hereby authorized to retain, unconverted, any property, real or personal, that I may own at my death and shall be under no duty to convert it into legal investments. The Trustee shall have the power and authority to sell, transfer, convey, invest and reinvest and to pay over the net income of the trust property, to or for the use of said child or beneficiary, or to accumulate it in the sole discretion of the Trustee. The Trustee is also authorized and empowered to pay over to, or for the use and fUjj3 2 benefit of my child or beneficiary such portion of or all of the principal of the trust estate as in the Trustee's sole discretion seems proper for their support, maintenance, education, or medical care. My primary object is to ensure the support, maintenance, education and medical care of my children and beneficiaries until they reach the age of thirty-five (35) years. However, notwithstanding the above, the Trustee shall have the sole discretion throughout the duration of this trust in which to distribute any of the trust principal or income for the benefit of any of my children or beneficiaries for any such purpose as the Trustee deems reasonable under the circumstances such as but not limited to the purchase of real property, tuition for further education or any other purpose which would in the Trustee's sole discretion advance the best interest of said child or beneficiary. When each respective child or beneficiary reaches the age of twenty-nine (29) years, then said child or beneficiary shall have the right to withdraw, absolutely, one-half (112) of the then remaining principill and accumulated income of their respective trust . . . estate share. Any right of withdrawal may be exercised at any time after the right to withdrawal accrues, such rights to be cumulative. When each respective child or beneficiary reaches the age of thirty-five (35) years, then whatever remains of the principal and income balance of said child's or beneficiary's trust estate share shall be distributed to said child or beneficiary, per stirpes, which provides that the child or children of any deceased child or beneficiary shall take the share their parent would have taken if living. In the event that any said child or beneficiary becomes deceased or disclaims his or her interest prior to the final distribution hereunder without leaving surviving issue, said deceased child's or beneficiary's share shall be divided equally between all of my other children as stated in Paragraph Three above, per stirpes. If none of my children or their living issue then living, then my estate shall be distributed to my next of kin then living as would be determined by the current laws of intestacy within the Commonwealth of Pennsylvania at the time of my death. -K1U8 3 .Em: In the event that any beneficiary who inherits hereunder is a minor and is a part of the trust set forth in Paragraph Four above, then in that event, if in the opinion of my personal representative or Trustees, the share of said minor beneficiary is or becomes too small to warrant continuing with such amount being held in trust, or should its administration be or become impractical for any other reason, my personal representative or Trustees, in his, her or its sole discretion, may pay such share, absolutely, to the parent or other guardian of such minor or may deposit such share in the minor's name in a savings account in a banking institution of their choosing, said share with accumulated income being payable to said minor at the legal age of majority. SIX: I hereby nominate and appoint my son, Bruce E. Birrell and the then current senior partner of the law firm of Irwin, Mc~ight & Hughes to serve as Co-Executors of this my Last Will and Testament. If either of my Co-Executors as so named shall have predeceased me, failed to qualify, or ceased to serve as Executor for whatever reason, I then appoint my son, Kenneth A. Birrell, to serve as an Executor of this my Last" Will and Testament. If he has predeceased me, failed to qualify, or ceased to serve as Executor for whatever reason, I then appoint my daughter, Bonnie L. Birrell, to serve as an Executrix of this my Last Will and Testament, or if she has predeceased me, failed to qualify, or ceased to serve as an Executrix for whatever reason, I then appoint my sister, Lois B. Morrill, to serve as an Executrix of this my Last Will and Testament, said substitute personal representatives having the same powers as are given to the original Executors hereof In appointing the personal representatives as set forth above, I must state that it is my feeling that all of my children are equally qualified to serve in such a capacity. However, regardless of who is actually appointed at the time of my death and throughout the estate administration process, it is my intent for that person to act fairly and equally for the benefit of all my beneficiaries named hereunder. 'l?uJ!3 4 SEVEN: I hereby nominate and appoint Financial Trust Services Company and Kenneth A. Birrell to serve as Co-Trustees of any trust created in Paragraph Four hereunder. If for any reason he, she or it should predecease me, fail to qualifY or cease to serve as Trustee for whatever reason, I then hereby nominate and appoint my daughter, Bonnie L. Birrell, provided she has reached the age of thirty-five (35) years at the time she is nominated and appointed to serve as substitute Trustee hereunder, or in the event she is unable to serve as Trustee hereunder for whatever reason, I then nominate and appoint my son, Bruce E. Birrell, provided he has reached the age of thirty-five (35) years at the time he is nominated and appointed to serve .as substitute Trustee hereunder. EIGHT: No Executor, Exec~trix or Trustee acting hereunder shall be required to post bond or enter security in this or any other jurisdiction. NINE: No person 0r persons shall benefit hereunder unless such beneticiary shall survive me for a period of at least sixty (60) days. TEN: No beneficiary may assign or anticipate his or her interest in any income or principal held or distributable hereunder; and no beneficiary's creditors may attach or otherwise reach any such interest. ELEVEN: If any person or institution entitled to share in any distribution under the terms of this my Last Will and Testament becomes an adverse party in any proceeding to contest the probate of this Last Will and Testament, such person or institution shall forfeit his, her or its entire interest inherited hereunder and all provisions in favor of such person or institution shall be Rvv/J 5 declared void and of no effect. The share of such person or institution so forfeited shall be then distributed equally to the remaining residuary heirs of my estate as set forth hereunder. nVEL VE: The validity and administration of any trust established hereunder and any question or disputes relating to the construction or interpretation of any said trusts shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania. THIRTEEN: The Trustee, as well as my Executor or Executrix, shall have the following powers, in addition to those vested in it by law, for my property held for the benefit of my children or beneficiaries, whether income or principal, exercisable without court approval and effective until the distribution of all property under the terms of the trusts set forth in Paragraph F our hereof: The Trustee, at his, her or its discretion, may compromise claims, borrow money or retain property for such length of time as he, she or it may deem proper, sell lease, pledge, mortgage, transfer, exchange, convert or otherwise dispose of or grant option of all or any portion of trust property for such prices and on such terms in public or private transactions as he, she or it may deem proper; and invest trust property and income without restrictions to legal investments. The determination of the Trustee with respect to the advisability of making payments out of the income or principal to any child or beneficiary inheriting hereunder shall to conclusive and binding on all persons howsoever interested in the respective trust. Further, the Trustee shall be authorized to receive additions to the respective trust of any kind or any property whatsoever from sources other than my estate and at any time in the sole discretion of the Trustee. Rw/1 6 FOURTEEN: I hereby suggest that my personal representatives retain the services of the law firm of Irwin, McKnight & Hughes as attorneys in the settlement of my estate. IN \VITNESS WHEREOF, I have hereunto set my hand and seal this ~('o C' day of November, 1996. dfJ/k~ ROBERT W. BIRRELL (SEAL) Signed, sealed, published and declared by ROBERT W. BIRRELL, the above named Testator, as and for his Last Will and Testament, in the presence of us, who, at his request and in his presence and in the presence of each other have subscribed our names as witnesses hereto. FJ1~;L! /LJ i / ?/ 7 ACKNO~VLEDGkIENT AND AFFIDA VIT WE, ROBERT 'V. BIRRELL, lVIARTHA. L. NOEL and DANIEL 'V. DeARl"VIENT, the testator and witnesses respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as his Last Will and that he had signed willingly, and that he executed it as his free and voluntary act for the purpose herein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the Will as a witness and that to the best of their knowledge the testator was, at that time, eighteen years of age or older, of sound mind and under no constraint or undue influence. Evy~ . COM.MONWEALTH OF PENNSYL VANIA SS: COUNTY OF CUlVIBERLAND Subscribed, sworn to and acknowledged before me by ROBERT 'V. BIRRELL, testator, and subscribed and sworn to before me by lVIARTHA L. NOEL and DANIEL 'V. DeARi\1ENT, witnesses, this i"'~(01!::o- day of November, 1996. I \ {L I ' I I I APPRAISAL REPORT 632 YORKSHmE DRIVE CARLISLE,PENNSYL VANIA PREPARED FOR THE ESTATE OF ROBERT W. BIRRELL BY LARRY E. FOOTE DIVERSIFIED APPRAISAL SERVICES 35 EAST HIGH STREET, SUITE 101 CARLISLE, PENNSYL VANIA 17013-3052 (717) 249-2758 SUlVIl\'L<\RY OF ThIPORTANT FACTS AND CONCLUSIONS LOCA TION: 632 Yorkshire Drive Carlisle, Pennsylvania TAX PARCEL NUMBER: 04-22-0481-015 IMPROVEMENTS: Two-story detached single-family dwelling. PROPERTY RIGHTS: Fee simple interest. OWNERSHIP HISTORY: The subject property is owned by Robert W. Birrell. The property was last transferred on May 11, 1981 for a reported consideration of $1.00 and ownership transferred on deed reference 29-K-124. SCOPE OF THE ASSIGNMENT: The scope of the assignment included an analysis of the subject's area, an inspection of the subject property, an estimation of the property's highest and best use, consideration of all three approaches to value, and the application of those relevant to the val uation of the subject. OBJECTIVE: To estimate the market value of the subject property as unencumbered. EFFECTIVE DATE: October 23,2006. HIGHEST AND BEST USE: Continued use as a single-family residence. COST APPROACH: N.A. SALES APPROACH: $303,000 INCOME APPROACH: N.A. FINAL V AiUE CONCLUSION: $303,000 2 APPRAISAL CERTIFICATION I hereby certifY that upon application for valuation by: THE ESTATE OF ROBERT W. BIRRELL the undersigned personally inspected the following described property: All that certain piece or parcel of land, with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: Beginning at a point on the Western side of Yorkshire Drive at the Northeast comer of Lot 13 of Section 0 of Plan of Lots of Heatherlands; thence by the said Lot 13, North 81 degrees 02 minutes 'West 165.08 feet to a point; thence North 03 degrees 15 minutes 20 seconds West 269.91 feet to a poi nt being the Northwest comer of Lot 15; thence by the said Lot 15, South 45 degrees 17 minutes 10 seconds East 307.25 feet to a point on the Westerly side ofthe said Yorkshire Drive; thence along the Westerly side of the said Yorkshire Drive by a curve to the left having a radius of 144.25 feet, a distance of90.00 feet to a point, the place of beginning. To the best of my kno~ledge and belief the statements contained in this report are true and correct, and that neither the employment to make this appraisal nor the compensation is contingent upon the value reported, and that in my opinion the Market Value as of October 23, . 2006 is: THREE HUNDRED THREE THOUSAND DOLLARS $303,000 The property was appraised as a whole, subject to the contingent and limiting conditions outlined herein. Larry E. Foote Certified General Appraiser GA-OOOOI4-L 3 ADDRESS: BOROUGH: COUNTY: STATE: LOT SIZE: SEWERS: WATER: LANDSCAPING: shrubs. SITE DATA 632 Yorkshire Drive Carlisle Cumberland Pennsylvania 90' x 165.08' x 269.91' x 307.29' Public utility. Public utility. Extremely nice landscaping, with a sodded lawn, mature trees and DETREVIENTAL INFLUENCES None. Pride of ownership is evident throughout the neighborhood. DESCRIPTION OF L"'PROVEMENTS GENERAL DESCRIPTION: One-story detached single-family dwelling containing approxi- mately 2,655 square feet of gross living area above grade with an attached two-car garage.. CONDITION: ROOMS: EXTERIOR: Exterior: Good Interiqr: Average to good. First Floor: Basement: Foundation: Walls: Sash: Gutters: Roof: Living room, dining room, eat-in kitchen, family room, laundry room, four bedrooms, two and one-half bath- rooms. Full, with a recreation room, den, workshop, storage room and a built-in vault. Concrete block. Brick Double-glazed casement windows. Al uminum, painted. Gable, with shingles. 5 INTERIOR, PRINCIPAL ROOMS: Flooring: Walls: Ceilings: Trim: KITCHEN: Cabinets: Counters: Walls: Flooring: Sink: BATHROOMS: Flooring: Walls: Bathtub: Lavatory: Water closet: CONSTRUCTION: Joists: Beams: Columns: Plumbing: REA TING: Carpet Wood paneling and painted drywall. Drywall Wood, painted or natural finish. Wood, stained and varnished. Formica Drywall, painted. Pergo synthetic wood. Double-bowl, stainless steel. Vinyl Ceramic tile blocks and painted drywall. Built-in, with shower or shower stall. Vanity Two-piece. Wood Wood Steel Iron and copper. Electric heat pump. COOLING: Central air conditioning. HOT WATER: Electric, 80-gallon. ELECTRIC: Circuit breaker system, 200-ampere. OTHER: Attached to the front of the dwelling is a covered porch and an atrium. Located at the rear of the dwelling is a flagstone patio. There is a brick fireplace in the living room and a brick fireplace in the family room. The dwelling is also equipped with a security alarm system. GENERAL CONDITION: All improvements are considered to be in average to good condition on the interior and good condition on the exterior, with mechanical systems appearing to be adequate and functioning properly. Some of the carpet is in need of replacement. 6 SALES COMPARISON APPROACH In arriving at this conclusion of the value of the subject property, the appraiser made a survey of properties that have sold in the area of the subject property. Consideration was given and adjustments were made on each comparable sale as to time of sale, size, location, as well as all other factors that might affect value, A resume of some of the sales considered by the appraiser is as follows: SALE NO. 1: Location: Date of Sale: Sale Price: Size: Unit Price: SALE NO.2: Location: Date of Sale: Sale Price: Size: Unit Price: SALE NO.3: Location: Date of Sale: Sale Price: Size: Unit Price: 505 Belvedere Street, Carlisle. December 14, 2006. $303,000 2,192 square feet. $138.23 per square foot. 807 Hillside Drive, Carlisle. November 30,2005. $240,000 2,054 square feet. $116.85 per square foot. 361 Belvedere Street, Carlisle. October 13,2005. $283,000 1,933 square feet. $146.40 per square foot. The appraiser, in addition to the sales listed, also considered several additional sales in arriving at his final opinion of value. On the Sales Comparison Analysis form that follows this page are dollar adjustments reflecting market reaction to those items of significant variation between the subject and comparable properties. If a significant item in the comparable property is superior to, or more favorable than, the subject property, a minus (-) adjustment is made, thus reducing the indicated value of the subject; if a significant item in the comparable is inferior to, or less favorable than, the subject property, a plus (+) adj ustment is made, thus increasing the indicated value of the subject. After making all of the necessary adjustments, it is the appraiser's considered opinion that the indicated value of the subject property by the Sales Comparison Approach is $303,000. 8 SALES COJ\.IP ARISON ANALYSIS ITEM SUBJECT COMP ARABLE #1 COMPARABLE #2 COMPARABLE #3 632 Yorkshire Drive 505 Belvedere Street 807 Hillside Drive 361 Belvedere Street Address Carlisle Carlisle Carlisle Carlisle Proximity to Subject !,.. .'!C,t "'23'.. "".';." ii! .,'. "'."', Sale Price NA k'7"!"'" ".'.,!"" . ",1 $303 .000 I);,,'.,',."'.,'."/,""! $240.000 .....(.........(!!!.,il $283,000 Price I Sq, Ft GLA NA $138,2] l/,r..,;,."'" ./ $116,85 I<'!!, "'f, $146.40 re,',!!,;, Data Source Inspection Courthouse records Central Penn MLS Central Pc'tln tv1LS ADJUS'INIb'NTS DESCRIPTION DESCRIPTION $ Adjust. DESCRIPTION $ Adjust. DESCRIT'TION $ Adjust. Sales or Financing _ Nonekmmn Concessions None known None known Date of Sale I Time As of 10-23-06 12-14-06 11-30-D5 10-13-05 Location Good Similar Similar Similar Site / View ,78 acre .46 acre +10,000 ,40 acre +ltJ,OOO .53 acre + 10,000 Design and Appeal One-story ,detached Similar Similar Similar Construetion Brick Brick Brick Brick Age 35 years 46 years 38 years 56 years Condition Average Superior -30,300 Similar Superior -28,300 Above Grade Tot. I Bed, I Bath Tot I Bed, I Bath ToL I Bcd, I Bath Tot I Bcd, I Balh Room Count 8 I 4 I 2Yo 7 1 3 I 2 +4,000 7 I, 3 I 2 +4,000 6 [ 4 I lV2 +8,000 Gross Living Area 2,655 square feet 2,192 squart:! feet +13,900 2'.054 square lcet +18,000 1,933 square leet Basement &Finished Full basement. with Rooms Below Grade ree, rm., den, shop, Similar Full basement +4,000 Full basement -1:4,000 Functional Utility Average Similar Similar Similar Heatinp, / Cooling Heat pump Hot water w/cen. air Heat pump Hot air w/cen. air Garage I Carport Two-car garage. Two-car gar. in bsmt. +5,000 Similar Similar Porches, Patios Porch, ene!. porch, Pools, etc. Porch, atrium, patio. patio, stor. bldg. -3,000 Porch, patio. +500 Porch, two patios. Special Energy Typical I(lr the Efficient Items region. Similar Siz:nilar Similar Fireplace(s) Two tireDlaces. Two lirevlaces. F ireplaee +1,000 Two fireplaces. Other (e.g. kitchen equip., remodeling) Built-ins. Similar Similar Similar Net Adj. (total) '.:../..;.f-" .s, ,."'.;...."....;,... -400 +37,500 '<c.',' ... .,.. +15.400 ;,. c"," ,.' Indicated Value ,,'.,' "'o""'].C",';... . ',<. 0"";" ;'; 'c" ." of Subject '..".' i'i',:; r'.-;:j"'. ."})",c";;<C,;, . c,.! 302,600 .,.'.........,.. .1r;.:~,.i;"i';.. 277,500 ,.; .;,'9' 'C":'f 298.400 FINAL INDICA TED VALUE OF SUBJECT PROPERTY: $303,000 9 lomputershcre February 01, 2007 Computershare Investor Services 250 Royall Street Canton Massachusetts 02021 WNW.computershare.com SALZMANN HUGHES, P.C. ATTORNEYS AND COUNSELORS AT LAW ATTN: MR. JAMES D. HUGHES, ESQ. 354 ALEXANDER SPRING ROAD SUITE 1 CARLISLE, PA 17015 Company Name: Holder Account Number: Registration: CARLISLE COMPANIES INC. I CSLB. C0000005517 Robert W Birrell Dear Mr. Hughes: Thank you for your inquiry regarding the share balance of the above referenced account. We appreciate the opportunity to be of service to you. On 10/23/2006 account number C0000005517 held 3200.000 shares. On that date, the closing priice was $89.88 per share giving the above referenced account a total market value of $287,616.00. In checking our records we find that all dividends issued have been presented for payment. If .by registered or certified mail: Computershare Shareholder Services, Inc. P.O. Box 43078 Providence, RI 02940-3078 If by overnight courier: Computershare Shareholder Services, Inc. 250 Royall Street Canton, MA 02021 If you have any questions, please contact us by phone at 800-897-9071, or via the Intemet at www.computershare.com/contactUS. a secure section of the Computershare Website or write to us. Gf. ely, .. \. / .--..--.-... ( {;fv7~dJ _' r/ / amela Burk Harris Chicago Correspondence Team Computershare Investor Services 4915 REF: pbh/UIC0000447972 /11 cltlgroupj:~ SMITH B/\K\E'( 419 Village Drive Suire 1 CHI isle, PA liO I 'j Tel n 7 -258-4.36.3 Fax 717-258-4492 Toll Free 800-348-1776 May 14, 2007 Salzmann Hughes, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 RE: 73H-02799-14 Dear Jacqueline: Information that you have requested: 1. The registered owner or owners (exact title of account) and the date on which the account was established. Robert W. Birrell 03/23/2001 2. If there was a change of ownership or registration of the account within one year prior to the date of death, please provide the date of such change and the title of the account prior-to the change. N/A 3. If there were any accounts closed within one year prior to the date of death, please provide the date, title and balance of the account closed. N/A 4. Any interest accrued to date of death for the calendar year. ~nclosed 5. The date of death balance (prinCipal plus accrued interest, if any). Enclosed Thank you, Carol Walter Client Service Associate for Brian Fields, CFP@ Financial Analyst Citigroup Clobal Markets Inc. THE INFORMATION SET FORnI WAS OBTAI~ED FROM SOURCES WHICH WE SEUEVE RELIABLE Hvr WE OU f'.;OT GUAR.I\NTEE ITS ACCGIL\CY on COMPl.ETENESS. NEITHER THE ISFORMArIOK" NOH. Ai\iY Ol'l~-.![O~ EXPRESSED CONSTITCTES A SOUCITArro:'J BY us Of TlIF i'liHCHASE OR SALE OF .\NY SECURITIES. C<l --:J C'\ 0 CIl =1t: ~ w 0 --:J CO t:::l C<l 0 --:J ('j 0 C<l --:J C'\ N 0 \0 \0 ><: ""0 ...,. l'-l "":1 N - C'\ - C 0 ;:;c 0 ~ \0 N - 0 0 0 --:J 0 t:::l 0 0 0 0 t:::l 0 0 nC/J ...,. ""0 ---'Z ...,. C: $::e ""0 t:::l 0 rt:::l w ~ Zc 0 ""l ~ 2 ""0< ........ o (D 0 ~ l'tl ;;>$: VI VI~ ~ VJ 03, ~ :!2. -- --<0 ~~ (D .- ;.;-" n (D S 0 '-' 0 '< ::l ~ 0 ~ ::r: ~ a .... -- $:-- (D ~ 0 CIl ""0 on "l:l ..... '< 0 ~ >- .... --- ;;> I..O~ 0 0 'Tl 0 --- .- ""l VJ VJ - - 'Tl ""0 0'< ;.;-"VJ _. - c (D (D .- --- ........ ;;> -'"'C ~ - Z .-'- 0.. N .:::> Ul - N N ~ C<l 0 v"'" N ~o UJ VI po 00 1..0 0 VI 0 --:J W Vl 01 0 0 0 N N 0 0 0 00 N 0\ 0 0 0 VI 00 ~ 01 0 ~ 00 <0 ~ 3 t'!'j - ........ I~ ""0 ~ ~ ~ 0 -..... l'tl ..... 0 0 ........ 0 0 ~ = ~ ~ --- 0 0 --... N --- --- --- .... a 0 ..... N N --- N N n ~l'tl VJ UJ UJ N W W l'tl .... ~ >..., --... --- --- UJ --- --- g I::l rJJ 0 0 0 --- 0 0 ~ 0\ 0 n ~ 01 0\ 0\ 0\ O~ g ~ ...... 0\ - ~ ..... = rJJ ..., ..... ::r := ~ ::r:: - I~ e; l'tl :"!" n 0 0 ~.~ UJ N ~C1CI 00 --:J UJ ::r n n :::tl ~> --:J 0 --... .......... 0 (D' ~ o 0 0' 0'0- l'tl ~ Z l'tl l'tl "'l <t'!'j I~ ~ "'l "'l ..... e:..~ 0 ........ 0 NN ~ ........ UJ N ~~ t.JW = ~ ~ ~ --:J UJ - --... NN t:tl ..... ........ .... --:J 0 00 .... 0 00 "'l := 0'\0'\ "'l ........ 1""0 ~ l'tl - 0 - 0 N "'l l'tl - ........ ~f ~ UJ - --:J UJ - --:J 0 V> V> ~ V> V> V> ........ N r~ rJJ N Iv VI 00 00 \0 0 v~ ~ ~ 1..,.; _n - Vo UJ UJ --:J = = ........ N N ~ 0 VI 0\ 00 N l'tl "'l 0 0 .... -J 0 0 Vl VI 00 ~ 00 0 0 0 ~ 00 V> V> V> V'l 0> Vl N .... n 00 0 \0 --:J < n Ul Vl \0 --:J --...~ C<l --:J UJ --:J -= N I'-.J Vl --:J 0\ a l'tl Q. ~ * ~ '< o 2 ~ :; :3" ~ o' e ~ o' (1) ~ >< (JJ ~ $l (Il ~ ~ (Il ;:1 o-;:r 8 $ ~. ~ 2C" n S (JJ 5' po co 'fJ 0- ~~ 5: g ~ ~ ~. ~ g E; C"g '< 'fJ [;; :;: 2~ "1 ;:r 5'-:;: (Il co ";! C" ~ ~ ~~ (JJ (:) o "1 Q ~ en OJ' po C" ~ro o C" ,..,.,~ !>l ~ ~ :;: (:) (JJ (Il 0- n 0 E; ~ ~. 0 o' (1-; S" t:: ~~ ~ ~ ~(t (Il (Il "1 _. Q1V) 8 ~ ~ 2 ~ ~ 'fJ'< o o "1 a~ n c:: 0 ~ :3 @"O ~(D co 8 co ;:l o [h ,..,.,rr. "1 ~ Z s'" ;*~ ro "1 ~ g 5' 0' S a o' ;:l ~ o "1 ..., o ..., :> t'" rJ1 ~ (j e :;0 ..... ..., -< < :> t'" e tr:l w ...... ;--J N 0'\ w ...... ;--J N 0'\ w ...... ;--J .N 0'\ Vl ...... ,j;;o. ~o OCI tJl \0 ~ o Vl ...... o N P' .J;>. \0 cc ........ '-C -.....l fJ1 n rJ1 VI o co o ~ncn V'I ~: ::;"' VI'< ~ ~cna oO~ ;:g > CJ o VI --- w N VI o o o o o o --- N W --- o C\ o ~ o cc o ~ o cc o ~ o cc EA tv VI o o ~ o o EA W \0 -.....l C\ -.....l Investor Services POBox 11258 Church Street Station New York, 1\iry 10286 (866) 857-2216 shareowners@bankofny.com www.stockbny.com ,..\\\\tN):'.<aril/B/ . '-" '<0- :t-[,'('\. t:;' / '-":';'C:'~}"';,'e\ ,~>~{ ..0 1::$1 :::;/>;;i;'~1~;~~;~'.!f>{~7l"~.~;:-:::~,,::: .' ; / 'f~1 ,Y. .-,. , '////1/ ,(''1. 'i\\\ ~ 7he BAN K of NEW YORK. March 20, 2007 SALZMANN HUGHES PC 354 ALEXANDER SPRING ROAD SUITE 1 CARLISLE PA 17015 ATTN: JAMES D HUGHES Re: FOOT LOCKER INc. Ticket # 7645328-PDR16 Co # - 3225 Acct.# - 0000056150 ROBERT W BIRRELL Dear Sir/Madam: Thank you for your inquiry regarding the status of the above account. Listed below is the account balance as of October 23, 2006. Date . Certificated Div. Reinv. Total Per share Total Balance Balance Shares' Value Value October 23, 2006 400.0000 400.0000 $23 AO Total Shares X Per share Value The high and low prices on October 23,2006 were $23.65 and $23.03 respectively. Please note the referenced account is coded for cash and all the dividends are paid in check. A review of our records indicates that all the checks in the above account are negotiated. The account was opened on March 14,2003 and is registered as Robert W Binell. In order to change the registration on the account, please complete the transfer package that you will receive under separate cover. We hope this infOlmation has been helpful and if you need further assistance, please contact us at the above toll-free number. Sincerely, Investor Services n Lincoln Alan R. Glassey, ChfC Financial Advisors .::.l n"'rni)"r of ,CI/'e-II":l,jl James Hughes, Esq. Salzmann Hughes, P.c. 35-+ Alexander Spring Road Suite 1 Carlisle, P A 17015 January 24, 2007 Dear Jim; Uncoln FlnatlCIJI'~I.jvISCt'~ (\.)rlJ I 9 1 Sht~ref-.:' 8oi.iI~~\iJr'-! 5l1iti:' 103 ~:dcn, Pi~19 3.1 i phone :J i 0 384-4200 dired ;) 1 0 384-4206 fax 5: 0 384-41':)5 l;'::-.!.l:.\'_'~ >I:!. '"<i ..\_'-'11\ ~luper'j~'~lnq Or+lc'~' i 300 ::::hdP21 .~\lenU2 \/Ve.;t CiPrry Hiii. N.J 08002 pnont:~ 356 .138-2800 ta;(, :3~6 433- 147;'+ Attached is'a listing of the assets held at Lincoln Financial Advisors as of the date of death of Robert W. Birrell on October 23,2006. Depending on how the estate is settled, I can provide the appropriate forms to rollover the assets into separate accounts for Ken, Bonnie and Bruce. Sincerely,- A an R~laSSey. ~ ~~O~ Chartered Financial tonsultant \\'\\' \\'.1" 1,'_ \-- :-);1 gc 11'~1 rk.(,'l J11l Insurance _offered through Lincoln affiliates and other fine companies. Lincoln FinallClal Group is the marketing name for Lincoln National Robert Birrell Asset Listing Company Account # Value as of Date of Death 10/23/06 Hartford Annuity 710101377 $204.438.07 Columbia Funds Large Cap Value 7680045517 $63,569.36 Small Cap Value 7690083298 $63,334.15 Strategic Inc 9160764855 $31,372.1 7 MFS Investments Emerging GroV\<1h 552985103 $40.483.77 Fidelity Investments High Income Adv 0165-00006567479 $75,659.39 GroV\<1h Opportunity 0168-00006567479 $48,286.50 Equity Income 0280-00006567479 $109,732.64 Van Kampen 16-9670319132 $59,856.82 13-670269588 $207,867.02 Franklin Ternpleton 116-11624116561 $94,698.88 109-90214426341 $56,325.10 130-13012501384 $34,108.22 AIM Investments 0006390710 $177,730.26 Total $1,267,462.35 :!Jl~ · :;, Ii~ Pitney Bowes June 1, 2007 Salzmann Hughes, P. C. Attn: James D. Hughes, Esq. 354 Alexander Spring Road Suite I Carlisle, P A 17015 Dear l'v1r. Hughes: The following infa1111ation is supplied as it relates to. Rabert W. Birrell (SS #052-22- 9140). The records af the Pitney Bawes transfer agent, Camputershare, shaw a Pitney Bawes common stock registratian as listed below: Robert W. Birrell 632 Yorkshire Drive Carlisle, PA 17013 T~e balance af the accaunt an, Octaber 23, 2006, the date af death was 444 shares. The c1asing price of Pitney Bowes com man stock on the New Yark Stock Exchange an Octaber 23, 2006 was $46.90. Therefore, the aggregate value af the accaunt on that date was $20,823.60 (444 @ $46.90). Attached is an account statement as well as a price sheet that will answer the additianal questions that you have. I trust that this information is sufficient. If yau have any questians regarding this matter, please do nat hesitate to. contact us at (203) 351-7200. Sincerely, ~~ Natalie Thompsan Stockhalder Services Administrator MSC (63-13) Encs. :t'll\l~);..j(121 : . rl_M~++ D~~rl C:hml,."ri rT nF;Q?R-n7()() itff. ~ P :~ \ Jill PPG Industries PPG Industries, Inc. One PPG Place Pittsburgh, PA 15272 USA January 15, 2007 Mary Anne Bendzsuk Administrative Assistant Investor Relations 412-434-3318 James D. Hughes, Esq. Salzmann Hughes, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 Re: Estate of Robert W. Birrell Dear Mr. Hughes: Per your recent request, the records of our transfer agent, Mellon Investor Services, show Robert W. Birrell holds 1,200 certificated shares (5 certificates) of PPG Industries common stock and 3,092.4885 shares in book-entry (or dividend reinvestment) for a current total of 4,292.4885. The account is registered in his name alone, Robert W. Birrell and appears to have been established 9/19/73 with the purchase of 100 shares. For your information, the closing price of PPG stock on this date was $31.88. There have been no changes in the registration of this account. Dividends on this account have been reinvested quarterly as the attached statements show. PPG has no records for dividend reinvestment accounts prior to 1978, however, it seems likely that Mr. Birrell was participating in dividend reinvestment since he opened the account in 1973. At the date of death, October 23,2006, there were 3,061.024 shares in this account. The closing price of PPG stock on this date was $69.28. The high was $69.33 and the low $68.34. Instructions on stock transfer can be found on Mellon's website at the following: http://wwvv.mellonlnvestor.com/ne\Nm isweb/i nvestors/transowne r. asp Sincerely, Mary Anne Bendzsuk Attachment "\. A merican Stock Transfer & Trust Company January 11 2007 SAALZMAN HUGHES, P.c. A TORNEYS & COUNSELORS AT LAW JAMES D. HUGHES, ESQ 354 ALEXANDER SPRING RD, SUITE 1 CARLISLE, PA 17015 Re: Company: Account: ROBERT W BIRRELL RITE AlD CORPORATION 1000012220 Dear Sir or Madam: We have received your request in respect of the above-referenced account. Operations Center 6201 15th Avenue Brooklyn. NY 11219 www.amstock.com (866) 207-5349 As of the date of death, the account held a total of 2,000.000 shares. As transfer agent, we do not track prices. In order to determine the market value of the shares as of the date of death, we suggest contacting a stock broker for assistance: You may also refer to a financial newspaper, such as the Wall Street Journal or your local library. Enclosed please find a transfer instruction package providing necessary requirements needed to effect the transaction. In the future, you may communicate with us by visiting our Web Site at: www.amsto.ck.com. or you.may e-mail medirectlyatSStem@amstock.com We trust the above information is helpful. Sincerely, c-' "'-..,\ ~ ~-'\ '\,\ shanRrern "" ;.~ Shareholder Services Department \ \"\1\1 11111\ III" III \\\\\ \\\\\ \\11\ 11111111111111111111 111111111111111111111111111111111111111111111111111111111I AST15144201000012220 Mellon Investor Services P.O. Box 3333 South Hackensack, NJ 07606 January 18,2007 @ Mellon RE: ROBERT W BIRRELL ,---.-.----.- .----..--.-------.--------: !Company !TYCO I IName iINTERNATIONAL i I iLTD i ". I ,\Account Key .\BIRRELL--I . "!ROBEWOOOO I ~o~tr;1-----i20070-i080004781 0 I iNumber"O " I" """ "._ """" n "II' r--------.--:' . .--~--,---- .1~::b~~n~._1888-2~4-883~~~~J JAMES D HUGHES 354 ALEXAl'.JTIER SPRING ROAD SUITE 1 CARLISLE PA 17015 Dear Sir or Madam: Thank you for your inquiry requesting information for this account. Please be informed that the above mentioned account registered in the individual name of ROBERT W BIRRELL. Also, there is no outstanding checks in the above mentioned account. Our record shows the number of shares as on 10/23/06 were 1442. Also, please note the closing price as on 10/23/06 was $29.4200 per share. We hope that this infOlmationhas been helpful. If you have additional questions, please call our Custonier Service Center at the number listed above. Sincerely, Mellon Investor Services ~ TECHNOLOGY ~ FUNDING 4fiO St. Michael's Dr, Suite 1000 Santa Fe. NM 87505 (800) 821-5323 December 12, 2006 Salzman Hughc';, P. C. Attn. James 0 Hughes, Esq. 354 Alexander Spring Rd Suite I Carlisle, P A 17015 RE: Robert Birrell . Dear Mr, Hughes, We: recently received your correspondence regarding Robert Birrell. Enclosed is the most recent account statement. The account is an active account. We have the account registered as Robert Birrell, Individual Owner. . This hasj:Jeen the registration since the account was opened on Septcmber 23, 1987. The most recent account value, as of July 7, 2006, is 2$ per Limited Partner unit. The account owns 60 units. This fund is currently in the process ofliquidation. We expect the fund to be linishedwithin the next 12 months. Once final accounting is done, a determination will be made as to whether or not there will be a final distribution. If you require any additional information, please contact me at (800) 821-5323, ext. 151. Best regards, I. Darnn Abby Client Services ---- I PROMISSORY NOTE $415,000.00 Date J//7,/ ,2005 PARTIES Maker: ELIZABETH DARCIE CORBIN and ROGER J. CORBIN as trustees of the ELIZABETH DARCIE CORBIN LIVING TRUST, dated November 10, 2004, as amended, 7985 Lea Circle, Bloomington, Minnesota 55483 Payee: ROBERT W. BIRRELL, residing at 632 Yorkshire Drive, Carlisle, Pennsylvania 17013 PROMISE TO PAY, PRINCIPAL AMOUNT (debt). INTEREST Mortgagor promises to pay to Payee or order the sum of Four Hundred Fifteen Thousand Dollars ($415,000) with interest at the rate of five and one-half percent (5.5%) per year from the date above until debt is paid in full. . PAYMENTS; PREPAYMENT Mortgagor will pay the debt in forty (40) consecutive quarterly installments of principal, each in the amount of Ten Thousand Three Hundred Sevnty-Five Dollars ($10,375) together with interest accrued on the unpaid principal balance of the debt outstanding immediately prior to each such payment, the first payment being payable on the day falling three (3) months from the date hereof and the last being payable on the tenth (10th) anniversary of the date hereof. Maker shall pay the debt in full (together with interest accrued thereon) on the day falling ninety (90) days after the death of the P~yee. Maker may prepay the debt in whole or in part at any time without penalty, priovided however, that, on the date of any such prepayment Maker shall also pay in full, outstanding interest accrued on any amount so prepaid. ADDRESS FOR PAYMENT Payment shall be made at Payee's address above or at any other address Payee directs. APPLICATION OF PAYMENTS The Payee will apply each payment first to interest charges and then to repayment of debt. ADDITIONAL PROMISES AND AGREEMENTS OF THE Maker: 1. Late charge. If any payment is overdue more than 15 days an additional charge will be due to Payee to cover the costs of delay. This late charge shall be two cents ($.02) for each dollar so overdue. 2. Expenses of Payee. Maker must pay all expenses of Payee, including reasonable attorney's fees, if Payee sues anyone to protect or enforce Payee's rights under this Note. 3. Statement of the amount due (estoppel). Within five days after request in person or within ten days after request by mail, Maker shall give Payee a signed statement of the amount due on this Note and whether there are any offsets or defenses against the Debt. 4. Default. when full amount of debt due immediately. Payee may declare the full amount of the Debt to be due and payable immediately for any default. The following are defaults: . (a) Maker fails to make any payment required by this Note and Mortgage within 30 days of the date it is due; or (b) Maker fails to keep any other prom.ise or agreement in this Note and .' Mortgage withfn the time stated, or if no time is stated, within a reasonable time after notice is given that Maker is in Default; or (c) Maker commences any proceeding under any reorganization, arrangement or readjustment of debt, dissolution, winding up, adjustment, composition, bankruptcy or liquidation law or statute of any jurisdiction, whether now or hereafter in effect ("Proceeding"), or there is commenced against Maker any Proceeding and such Proceeding remains undismissed or unstayed for a period of thirty (30) days or any receiver, trustee, liquidator or sequestrator of, or for, Maker or any substantial portion of Maker is appointed and is not discharged within a period of thirty (30) days or Maker by any act indicates consent to or approval of or acquiescence in any Proceeding or the appointment of any receiver, trustee, liquidator or sequestrator of, or for, itself or of, or for, any substantial portion of its property. 5. Applicable law. This Agreement shall be construed under the laws of the State of New York without regard to conflicts-of-Iaws rules, which would require the application of the laws of any other jurisdiction. 6. No waiver. Delay or failure of Payee to take any action will not prevent Payee from doing so later. Payee may enforce those rights Payee chooses without giving up any other rights. 7. No oral changes. This Note may not be changed or ended orally. 8. Notices. Notices, demands or requests shall be in writing and shall be delivered in person or sent by certified or registered mail. 9. Who is bound. If there are more than one Maker each shall be separately liable. The words "Maker" and "Payee" shall include their heirs, executors, administrators, successors and assigns. If there are more than one Maker or Payee the words "Maker" and "Payee" used in this Mortgage include them. 10. Rate of Interest. (a) If the whole of said principal sum evidenced by this Note and interest shall become due by exercise of the option of the Payee after default by the Maker under any of the terms, covenants and conditions of this Note and Mortgage, or if the whole of said principal sum and interest shall mature and become due under the terms, covenants and conditions of this Note regardless of default, if any, on the part of the Maker, then interest on said principal shall continue to accrue at the rate provided for in this Note or the statutory rate, whichever is higher (notwithstanding the fact that a judgment of foreclosure and sale has been obtained against Maker) until the principal sum is fully paid. (b) Wherever, under the provisions of this Note or by law, Payee is entitled to interest on advances made or expenses incurred, su.ch interest shall be computed at. the inte'rest rate payable on said indebtedness as provided in this Note and Mortgage. 11. Costs, Fees, Etc. Should one or more Events of Default occur hereunder or should an action be commenced for the enforce this Note, Payee shall be entitled to recover all sums due hereunder, statutory costs, and any additional allowances made pursuant to the Civil Practice Law and Rules of the State of New York, and in addition thereto, reasonable attorney fees and expenses incurred in connection with such Events of Default or action and in all proceedings related thereto, and such amount shall be added to the principal balance then due and shall accrue interest at the rate provided for in this Note and Mortgage and shall be a lien on said premises prior to any right or title to, interest in, or claim upon said premises attaching and accruing subsequent to the lien of this Mortgage, and shall be deemed to be secured by this Note and Mortgage and the indebtedness which it secures. Reasonable attorney fees in the event of a default shall be subject to court approval. 12. Maker's Right to Have Payee's Enforcement of this Note Discontinued. Even if Payee has required immediate payment in full, Maker may have the right to have enforcement of this Note discontinued. Maker will have this right at any time before a judgment has been entered enforcing this Note if Maker meets the following conditions: (a) Maker pays to Payee the full amount that would have been due under this Note and Mortgage if Payee had not required immediate payment in full; and (b) Maker corrects its failure to keep any of Maker's other promises or agreements made in the Note; and (c) Maker pays all of Payee's reasonable expenses in enforcing this Note, for example, attorney's fees; and (d) Maker does whatever Payee reasonably requires to assure that Payee's rights under this Note, and its obligations under this Note continue unchanged. If Maker fulfills all of the conditions .of this paragraph, then this Note will remain in full effect as if immediate payment in full had never been required. 14. Signatures. Maker states that Maker has read this Note, received a completely filled in copy of it and has signed this Note as of the date at the top of the first page. ELIZABETH DARCIE CORBIN LIVING TRUST, Maker . >:0 J' "" . /I. I By: (JJ-' ~III\ U<.... lJtLb.-~ Eliz eth Darcie Corbin, Trustee, and By: STATE OF NEW YORK ) )55.: COUNTY OF ) On the /7>> day of ~ in the year 2005 before me, the undersigned, a Notary Public in and for said State, personally appeared Elizabeth Darcie Corbin and Roger J. Corbin, each personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and each acknowledged to me tha he or he executed the same in her or his capacity, and that by her or his signat he instrument, the individual, or the person upon behalf of which the individ cuted the instrument. rbs: misc\corbin note ROBERT B. SIMON Notary Public, State of New York Registration# 02516109696 Qualified in Warren County Commission Expires May 17, 'U:>c'? NOTE AND MORTGAGE $167,000.00 Date J/; 7 / ,2005 PARTIES Mortgagor: ELIZABETH DARCIE CORBIN and ROGER J. CORBIN as trustees of the ELIZABETH DARCIE CORBIN LIVING TRUST, dated November 10, 2004, as amended, 7985 Lea Circle, Bloomington, Minnesota 55483 Mortgagee: ROBERT W. BIRRELL, residing at 632 Yorkshire Drive, Carlisle, Pennsylvania 17013 PROMISE TO PAY, PRINCIPAL AMOUNT (debt), INTEREST Mortgagor promises to pay to Mortgagee or order the sum of One Hundred Seventy-Five Thousand Dollars ($175,000) with interest at the rate of six percent (6.0%) per year from the date above until debt is paid in full. PAYMENTS; PREPAYMENT Mortgagor will pay the debt in forty (40) consecutive quarterly installments of principal, each in the amount of Four Thousand Three Hundred Sevnty-Five Dollars ($4,375) together with interest accrued on the unpaid principal balance of the debt outstanding immediately prior to each such payment, the first payment being payable on the day falling three (3) months from the date hereof and the last being payable on the tenth (10th) anniversary of the date hereof. Mortgagor shall pay the debt in full (together with interest accrued thereon) on the day falling ninety (90) days after the death of the Mortgagee. Mortgagor may prepay the debt in whole or in part at any time without penalty, priovided however, that, on the date of any such prepayment Mortgagor shall also pay in full, outstanding interest accrued on any amount so prepaid. ADDRESS FOR PAYMENT Payment shall be made at Mortgagee's address above or at any other address Mortgagee directs. . APPLICATION OF PAYMENTS The Mortgagee will apply each payment first to interest charges and then to repayment of debt. ADDITIONAL PROMISES AND AGREEMENTS OF THE MORTGAGOR: 1. Transfer of Riahts in the Property. The Mortgagor hereby mortgages to the Mortgagee the Property described in this Note and Mortgage. Mortgagor can lose the Property for failure to keep the promises in this Note and Mortgage. 2. Property Mortaaaed. The Property mortgaged (the "Property") is: (a) ALL THOSE PARCELS OF LAND, in the Town of Long Lake, County of Hamilton, and State of New York identified as "LOT 3" and "LOT 4" on that certain map entitled "Map for Robert W. Birrell" dated November 6, 2000, last revised December 26, 2003, prepared by James Nestor, Licensed Land Surveyor, Chestertown, New York and filed with the Clerk of Hamilton County, New York on November 3,2004 as Map No. 1847. Being the same premises collectively described in the deeds for LOT 3 and LOT 4 respectively, both dated \.~o....1- ~l ,2005 from the Mortgagee to the Mortgagor and said deeds intended to be recorded simultaneously herewith. This mortgage is given to secure part of the purchase price of such conveyance and is a purchase money mortgage.' (b) BuildinQs and Improvements: Together with the buildings and improvements on the Property. (c) Streets: Together with all the Mortgagor's right, title and interests in the streets next to the Property to their center lines. (d) Fixtures: Together with all fixtures and personal property which now is or which later may be attached to or used or useful in connection with the Property. This does not include household furniture. (e) Awards: Together with all condemnation awards for any taking by a government or agency of the whole or part of the property or buildings or any easement in connection with the Property. This includes awards for changes of grade of streets. 3. Future advances. The Mortgagee may make advances in the future to the Mortgagor or future owners of the Property. In addition to the above Debt this Note and Mortgage is intended to secure any more debts now or in the future owed by the Mortgagor to the Mortgagee. The maximum amount of debt secured by this Note and Mortgage shall not 'be greater than the Debt stated above. Mortgagee is not obligated to . make future advances. 4. Late charQe. If any payment is overdue more than 15 days an additional charge will be due to Mortgagee to cover the costs of delay. This late charge shall be two cents ($.02) for each dollar so overdue. 5. Insura'nee. Mortgagor wllI'keep the buildings on the Property insured against loss by fire and other risks included in the standard form of extended coverage insurance. The amount shall be approved by Mortgagee, but shall not exceed full replacement value of the buildings. Mortgagor will assign and deliver the policies to Mortgagee. The policies shall contain the standard New York Mortgage clause in the name of Mortgagee. If Mortgagor fails to keep the buildings insured Mortgagee may obtain the insurance. Within '30 days after notice and demand, Mortgagor must insure the Property. 6. Maintenance. Mortgagor will keep the Property in reasonable good repair. 7. No sale or alteration. The Mortgagor may not, without the consent of Mortgagee, (a) alter, demolish or remove the buildings and improvements on the Property, or (b) sell the property or any part of it. 8. Taxes. etc. Mortgagor will pay all taxes, assessments, sewer rents or water rents within 30 days after they are due. Mortgagor must show receipts for these payments within 10 days of Mortgage'e's demand for them. 9. Expenses of MortQagee. Mortgagor must pay all expenses of Mortgagee, including reasonable attorney's fees, if (a) Mortgagee is made a party in a suit relating to the Property, or (b) Mortgagee sues anyone to protect or enforce Mortgagee's rights under this Note and Mortgage. 10. MortQagee's right to cure. Mortgagor authorizes Mortgagee to make payments necessary to correct a default of Mortgagor under Paragraphs 5, 8 and 9 of this Mortgage. Payments made by Mortgagee together with interest at the rate provided in this Note and Mortgage from the date paid until the date of repayment shall be added to the Debt and secured by this Mortgage. Mortgagor shall make repayment with interest within 10 days after demand. 11. Statement of the amount due (estoppel). Within five days after request in person or within ten days after request by mail, Mortgagor shall give Mortgagee a signed statement of the amount due on this Note and Mortgage and whether there are any offsets or defenses against the Debt. . 12. Title. Mortgagor warrants the title to the Property. Mortgagor is responsible for any costs or losses of the Mortgagee if an interest in the Property is claimed by others. 13. Cure violations. Mortgagor shall comply with any law or governmental order or cure any legal violation concerning the Property. Mortgagor shall comply within 90 days after the order or violation is issued or the law takes effect. 14. Lien law Section 13. Mortgagor will receive the advances secured by this Note and Mortgage and will hold the right to receive the advances as a trust fund. The advances will be applied first for the purpose of paying the cost of improvement. Mortgagor will apply the advances first to the payment of the cost of improvement before using any part of the total of the advances for any other purpose. 15. Inspections. Mortgagee and any person authorized by the Mortgagee may enter and inspect the property at reasonable times. 16. FinancinCl Statements. Mortgagor authorizes Mortgagee to file without Mortgagor's signature, one or more financing statements as permitted by law to perfect the security interests of this Note and Mortgage. 17. Default, when full amount of debt due immediately. Mortgagee may declare the full amount of the Debt to be due and payable immediately for any default. The following are defa~lts: (a) Mortgagor fails to make any payment required by this Note and Mortgage within 30 days of th~ date it is due; (b) Mortgagor fails to keep any other promise or agreement in this Note and Mortgage within the time stated, or if no time is stated, within a reasonable time after notice is given that Mortgagor is in Default; (c) On application of Mortgagee, two or more insurance companies licensed to do business in New York State refuse to issue pOlicies insuring the buildings and improvements on the Property. 18. Sale. If Mortgagor defaults under this Note and Mortgage and the Property is to be sold at a foreclosure sale, the Property may be sold in one parcel. 19. Receiver. If Mortgagee sues to foreclose the Note and Mortgage, Mortgagee shall have the right to have a receiver appointed to take control of the Property. 20. Payment of rent and eviction after Default. If there is a Default under this Note and Mortgage, Mortgagor must pay monthly in advance to Mortgagee, or to a receiver who may be appointed to take control of the Property, the fair rental for the use and occupancy of the part of the Property that is in the possession of the Mortgagor. If Mortgagor does not pay the rent when due, Mortgagor will vacate and surrender the Property to Mortgagee or to the receiver. Mortgagee may evict Mortgagor by summary proceedings or other court proceedings. . 21. Applicable law. Mortgagee shall have all the rights set forth in Section 254 of the New York Real Property Law in addition to Mortgagee's rights set forth in this Note and Mortgage, even if the rights are different from each other. 22. No waiver. Delay or failure of Mortgagee to take any action will not prevent Mortgagee from doing so later. Mortgagee may enforce those rights Mortgagee chooses without giving up any other rights. 23. No oral chantles. This Note and Mortgage may not be changed or ended orally. 24. Notices. Notices, demands or requests shall be in writing and shall be delivered in person or sent by certified or registered mi;lil. 25. Who is bound, If there are more than one Mortgagor each shall be separately liable. The words "Mortgagor" and "Mortgagee" shall include their heirs, executors, administrators, successors and assigns. If there are more than one Mortgagor or Mortgagee the words "Mortgagor" and "Mortgagee" used in this Mortgage include them. 26. RATE OF INTEREST: (a) If the whole of said principal sum evidenced by this Note and Mortgage and interest shall become due by exercise of the option of the Mortgagee after default by the Mortgagor under any of the terms, covenants and conditions of this Note and Mortgage, or if the whole of said principal sum and interest shall mature and become due under the terms, covenants and conditions of this Note and Mortgage regardless of default, if any, on the part of the Mortgagor, then interest on said principal shall continue to accrue at the rate provided for in this Note and Mortgage or the statutory rate, whichever is higher (notwithstanding the fact that a judgment of foreclosure and sale has been obtained against Mortgagor) until the principal sum is fully paid. (b) Wherever, under the provisions of this Mortgage or by law, Mortgagee is entitled to interest on advances made or expenses incurred, such interest shall be computed at the interest rate payable on said indebtedness as provided in this Note and Mortgage. 27. COSTS. FEES. ETC,: Should one or more Events of Default occur hereunder or should an action be commenced for the foreclosure of this Mortgage, Mortgagee shall be entitled to recover all sums due hereunder, statutory costs, and any additional allowances made pursuant . to the Civil ~ractice Law and Rules of the State of New York, and in addition thereto, reasonable attorney fees and expenses incurred in connection with such Events of .Default or action and in all proceedings related thereto, and such amount shall be added to the principal balance then due and shall accrue interest at the rate provided for in this Note and Mortgage and shall be a lien on said premises prior to any right or title to, interest in, or claim upon said premises attaching and accruing subsequent to 'the lien of this Mortgage, and shall be deemed to be secured by this Note and Mortgage and the indebtedness which it secures. Reasonable attorney fees in the event of a default shall be subject to court approval. 28. PROOF OF PAYMENT OF TAXES: On or before March 15th of each year, Mortgagor shall forward to the Mortgagee a photocopy of the most recent town and county tax bill showing payment in full. 29. DUE ON SALE: The whole amount of the indebtedness, both principal and interest shall become due and payable at the option of the mortgagee upon the sale of the property covered by this mortgage voluntarily or involuntarily without the consent of the mortgagee while this mortgage remains a lien thereon. Sale shall include the transfer of equitable title by "Land Contract" and/or the execution of any contract of sale for the premises wherein delivery of the deed is not contemplated within six (6) months of the date of the contract. 30. MORTGAGOR'S RIGHT TO HAVE MORTGAGEE'S ENFORCEMENT OF THIS NOTE AND MORTGAGE DISCONTINUED: Even if Mortgagee has required immediate payment in full, Mortgagor may have the right to have enforcement of this Note and Mortgage discontinued. Mortgagor will have this right at any time before sale of the Property under any power of sale granted by this Note and Mortgage or at any time before a judgment has been entered enforcing this Note and Mortgage if Mortgagor meets the following conditions: (a) Mortgagor pays to Mortgagee the full amount that would have been due under this Note and Mortgage if Mortgagee had not required immediate payment in full; and (b) Mortgagor corrects its failure to keep any of Mortgagor's other promises or agreements made in the Note and Mortgage; and (c) Mortgagor pays all of Mortgagee's reasonable expenses in enforcing this Note and Mortgage, for example, attorney's fees; and (d) Mortgagor does whatever Mortgagee reasonably requires to assure that Mortgagee's rights in the Property, Mortgagee's rights under this Note and Mortgage, and its obligations under this Note and Mortgage continue unchanged. If Mortgagor fulfills all of the conditions of this paragraph, then this Note and Mortgage will remain in full effect as if immediate payment in full had never been required. However, Mortgagor will not have the right to have Mortgagee's enforcement of this Note and Mortgage discontinued if Mortgagee has required immediate payment in full under Paragraph 29 above. 31. MORTGAGEE'S OBLIGATION TO DISCHARGE THIS NOTE AND MORTGAGE: When Mortgagee has been paid all amounts due under this Note and Mortgage, Mortgagee will discharge this Note and Mortgage by delivering a certificate stating that this Note and Mortgage has been satisfied. Mortgagor will not be required to pay Mortgagee for the discharge, but Mortgagor will pay all costs of recording the discharge in the proper official records. Sicmatures. Mortgagor states that Mortgagor has read this Note and Mortgage, received a completely filled in copy of it and has signed this Note and Mortgage as of the date at the top of the first page. ELIZABETH DARCIE CORBIN LIVING TRUST, mortgal\or By: f1~~~)~ 0CVl~ U~ Eliz~beth Darcie Corbin, Trustee, and By: STATE OF NEW YORK ) )ss.: COUNTY OF HI\M\ L,,,I'J ) On the I;; day Of~', in the year 2005 before me, the undersigned, a 'Notary Public in and or said State, personally appeared Elizabeth Darcie Corbin and Roger J. Corbin, each personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and each acknowledged to me that she or he executed the same in her or his capacity, and that by her or his signature on the instrument, the individual, or the person upon behalf of which the individual a ed the instrument. ROBERT B. SIMON Notary Public, State of New York Registration# 02S16109696 Qualified in Warren County Commission Expires May 17, Zoo.J I NOTE AND MORTGAGE i I i $300,000.00 Datel (((alh ,~ !/:0)p I' ARTlES Mortgagee: , I i PROSPECT POltT C01TAGES, LLC, a New York Limited Liability Company, having; n office c/o Oestreicli,er & Ennis, LLP at 235 Mamaroneck Avenue, White PI, ins, New York 10605 . \ l ROBERT W. B RRELL, residing at 632 Yorkshire Drive, Carlisle. Pennsylvania 1701 Mortgagor: PIWMISE TO PAY, PRINCIP L AMOUNT debt I Mortgagor promises to p'IY to. Mortgagee or order the sum of THREE HUNDRED THOUSAND AND 00/100 Doll' rs ($300,000.00) witlj interest as hereinafter set forth until the debt is paid in full. i I PAYMENTS I I Mortgagor will pay the d bt as follows: I I (a) Interest only in tl e fixed amount of $Ill,OOO,OO for the period commencing May 29, 1998 and ending on M' y 29, 1999, payable feptember 15, 1998. i (b) as follows: Commencing on ay 30, 1998', Mortg1gor shall pay the sum of $280,000.00 ! . . . I . The sum of Three Tho lsand One Hundred Eight Dollars and 57/100 Dollars ($3,108,57) on the 1st day of Jul , 1999, and by the payment of a like sum on the 1st day of each and every successive mont thereafter, with inte~est at the rate of Six Percent (6%) per annum on the unpaid balance 0 principal to be deducted from each monthly payment, and the balance applied on principd until the 1st day o~ June, 2009, when the full amount of principal and interest, if not s oner paid, shall be paid in full, with the privilege to the mortgagor of prepaying any gr ater amount on pri!ncipal, even to the full amount due thereon at any time without pel alty. Any prepaymeft in excess of $10,000,00 (other than payment in full) shall be preced d by Notice in writi g to Mortgagee 45 days prior to said payment. ~HJ ~ A ~/ (,IV '/ I I (c) The balance, to ~it, the sum of $20,ODO.00, shall be due and payable on December 1,2009. No interest. hall accrue or be pay~ble on this $20,000.00 due December 1,2009 provided however that tl is $20,000.00 shall b~ due and payable six (6) months after payment in full of all other mOl ies payable pursuan\ to this Note and Mortgage. I I i ADDRESS FOR PAYJ\-fENT j Payment shall be made 't Mortgagee directs. i I I i I i Mortgagee's add~ess above or at any other address , I i I I I I I I The Mortgagee will apPli each payment fi~st to interest charges repayment of debt. I ADDITIONAL PUOMISES AND AGUEEMENTS O~ THE MOUTGAGOU, APPLICATION OF PAYJ\fENTS and then to I. T,,",foc of m,h" '" IhoJ',. rt. The MOCIg,goJ""ebY mong'ge"o the Moc",'.;e the Property described in this N te and Mortgage. Mortgagor can lose the Property for failure to keep the promises in tl is Note and Mortga~e. I . I 2. Property MorteHced. The PH perty mortgaged (thie "Property") is: (a) I I I ALL THOSE LA DS, LANDS UNDE;:R WATER AND INTERESTS IN LAND in the Town of Ind an Lake, Hamilton f=ounty, New York as described in a deed from Prospect Point, nc. to Robert W. Bi~rell by deed dated November 4, 1988 recorded December 19, 1 (88 in Book' 196 of Deeds at page 676 in the Hamilton County Clerk's Office. S; id deed from Prospect Point Inc. to Robert W. Birrell described said premises by "Schedule A" made ipan of said warranty deed. Made a part of this mortgage is th same Schedule A, tQ wit, Schedule A as recorded in said Book 196, pages 677 thro gh and including page 683. I It is the intent of th Mortgagor to mortgage to the Mortgagee all right, title and in,terest held by t.he M rtgagor in and to th9 premi.ses described in said Schedule A, which lands constltute a I of the real propertr acqUIred by the Mortgagor by 1998 deed from Robert Birrell. I I i I MAP REFERENCE I I , That portion of the premises conveyed ~erein on the northerly side of NYS Route 28 is shown on a ap entitled, "CO!\1PILED - MAP OF - LANDS OF ROBERT W. BIRRELL N PROSPECT POINT, BLUE MOUNTAIN LAKE, T'W'P 34 - TOTTEN & CROSSFIELD PURCijASE, TOWN OF INDIAN LAKE- HAMILTON CO., N.y."lmap prepared by p.G. Hollister, P.L.S. 37217, map prepared June 3, 1998, map filed in the Ham~lton County Clerk's Office. Those lands north of NYS Route 28 as shown on said Imap and bounded and described as follows: I I I I I I . I COMMENCING at, a point in the sout~westerly bounds of Blue Mountain Lake where same is inters~ted by the general northwesterly boundary of lands now or formerly of Simonette ( eed Reference: 133 ~p 306) and run thence South 45" 27' West a distance of 4 :t feet to a 1/2" re-rod on liine; continuing on the same bearing an additional 16.8 feet to f concrete monumert found; running thence generally northwesterly and westerl along the northe~ly bounds of NYS Route 28 the following courses and dista ces as shown on sar.l map: I I 1. North 640 10' West a distance of 160.2 feet to an iron spike found on line; thence I I I 2. Continuing on the same bearing an ailditional 231.9 feet to a concrete monument found, h reinafter referred td ,as "Point A;" thence . I I I I 3. On a curve to the Ie t along the general nbrtherly boundary of NYS Route 28 as s~own on said m p a distance of 340 ~ feet to a point where said highway boundary is'interse ted by the generall easterly bounds of lands now or formerly of Marsh Deed References: 1!18 cp 50 and 127 cp 462); running thence i i I I I North 18005' East along la ds now or formerly bf Marsh a distance of 45 :t feet to a J/2" iron pipe found at n angle point, whicl! point is hereinafter referred to as "Point B;" running thence g nerally northerly alqng lands now or formerly of Marsh, Funson (Deed Reference 1 7 cp 517 and 127 cp ~66), Monroe (Deed Reference: 130 cp 235), DeVore (Deed R ference: 128 cp 2711 and 129 cp 271) and Lindh (Deed Reference: 127 cp 570) a d stance of 371.1 :t feh to an angle point; running thence South 77" 02 East along la lds now or formerlyl of Boffa (Deed Reference: 127 cp 514) and lands formerly f R. M. Birrell (Deed Reference: 127 cp 425) a total distance of 191.4 feet to a /2" re-rod found fori a corner; running thence North 340 55' East continuing along] nds formerly of R. ryr. Birrell a distance of 180.8 feet to a 1/2" drill hole in a 2' x 3 boulder at highwater mark; continuing on said bearing to the shore of Blue M!Untain Lake; running thence 'generally southeasterly, southerly, southwesterly, .outherly and southeasterly along the shore of Blue Mountain Lake as same wi ds and turns and as shown on said survey map a distance of 1045 :t feet (shown on aid map as 760', 115' and 170') to the point or place of beginning. A tie line from "Point A" to "Point B" measures a distance of 333.3 feet on a bearing from "Point "to "Point A" of SOli th 740 53' East. Said survey shows a series of cottages with decks and/or porches, all shown as "Hemlock", "Popler", "Bi ch", "Balsam", "\Villo~", "Walnut", "Oak", "Elm", "Maple", "Pines", "Spruce", "Cedar", 'Fir" and "Office". qrantor represent that the locations and sizes of said buildings lave not changed sidce January 1, 1971. ! i Being the same premises d scribed in a deed :from Robert W. Birrell to Prospect Point, LLC dated May 2l, 1998 and intended to be recorded simultaneously herewith. This mortgage fS given to secure I.)art of the purchase price of such conveyance and is a purcha -e money mortgage: I (h) ""'1d1",, ""d Imp""",,,[,,,,,, Togoth" Wit'.] the buildings and improvements on the Property. ! (c) Streets: Together with fll the t-.lortgagor's hght, title and interests in the streets next to the Property to thei center lines. : (d) Fixtures: Together witl all fixtures and per~onal property which now is or which later may be attached to or Ised or useful in COljnection with the Property. This does not include household furniture. I I (e) Awards: Together with all condemnation U\yards for any taking by a government or agency of the whole or part of the prope~ty or buildings or any easement in connection with the Proper y. This includes aw~rds for changes of grade of streets. 3, Future advances. The Mortgagee may make advainces in the future to the Mortgagor or future owners of the Property. I~ addition to the above Debt this Note and Mortgage is intended to secure any more deb s nolY or in the future owed by the Mortgagor to the Mortgagee. The maximum amount of debt secured by ~his Note and Mortgage shall not be greater than the Debt stated abov . Mortgagee is not iobligaied to make future advances. I 4. Late charee. If any payment is overdue more thanj15 days an additional charge will be due to Mortgagee to cover the cos s of delay. This late charge shall be two cents ($.02) for each dollar so overdue. ! 5. Insurance. Mortgagor will kee the buildings on thq Property insured against loss by fire and other risks included in the star dard form of extended coverage insurance. The amount shall be approved by Mortgagee but need not ex~eed full replacement value of the buildings. Mortgagor will assign a d deliver the policies to Mortgagee. The policies shall contain the standard New York ortgage clause in tl1e. name of Mortgagee. If Mortgagor fails to keep the buildings insured Mortgagee' may oblain the insurance. 6. Maintenance. Mortgagor will 'eep the Property ill reasonable good repair. 7. Demolition of Bllildin'es. The Mortgagejr may' not demolish or remove any of the waterfront buildings on the prope ty without the consent of the Mortgagee, which consent will not be unreasonable withheld i I I 8. Taxes. etc. Mortgagor will pay all taxes, assessmerlts, sewer rents or. water rents within 30 days after they are due. Martga or must show receillts far these payments within 10 days of Mortgagee's demand for them. 1 I 9. Expenses of Mort23l!ee. Ma tgagor must pay all expenses of Mortgagee, including reasonable attorney's fees, if (a) Mortgagee is madp a party in a suit relating to the Property, or (b) Mortgagee sues a[ yone to protect or dnforce Mortgagee's rights under this Note and Mortgage. J I 10. Mortea~ee's ri~ht to cllre. Mortgagor authorizes Mortgagee to make payments necessary to correct a default of lortgagor under Paragraphs 5, 8 and 9 of this Mortgage. Payments made by Mortgagee to~lether with interest ~t 9% per anum from the date paid until the date of repayment shall be added to the ~ebt and secured by this Mortgage. Mortgagor shall make repayment ith interest within 110 days after demand. 11. Statement of the amount du esto el. Within[ five days after request in person or within ten days after request by n ail, Mortgagor shall: give Mortgagee a signed statement I ! ! I ! I I I I I I . i '. i of the amount due on this Note ald Mortgage and whether there are any offsets or defenses agai nst the Debt. i 12. Title. ~Iortgagor warrants tl~e title to the Property. Mortgagor is responsible for any costs or losses of the Mortgagee f an interest in the froperty is claimed by others. 13. Cure violations. Mortgagor 'hall comply with a~y law or governmental order or cure any legal violation concerning the Property. Mortgagor shall comply within 90 uays after the order or violation is issued or thjlaw takes effect. I . 14. Lien Law Section 13. Mort agor will receive th~ advances secured by this Note and Mortgage and will hold the right 0 receive the auvanfes as a trust funu. TIle advances will be applied first for the purpose oflpaying the cost of improvement. Mortgagor will apply the advances first to the payment of the cost of improvem!ent before using any part of the total of the auvances for any other purl pose. I 15. Inspections. Mortgagee anu any person authoriJed by the Mortgagee may enter and inspect the property at reasonabl times upon reasonnble .notice to Mortgagor. } I . 16. Financin~ Statements. Mar gagor authorizes Mbrtgagee to file without Mortgagor's signaturc, onc or more financin& statements as perrilitted by law to perfect the security interests of this Note and Mortg<ige. 1 . , i 17. Default when full amount 0 debt due immediatel . Mortgagee may ueclare the full amount of the Debt to be due an~ payable immediately for any default. The following are defaults: I. ~ (a) Mortgagor fails to ma e any payment required by this Note and Mortgage within . 30 days of the uate it is due; : I (b) Mortgagor fails to k ep any other pronlise or agreement in this Note and Mortgage within the time stated or if no time is sdlted, within a reasonable time after notice is given that Mortgagor is in Default; I 18. Sale. If Mortgagor defaults IIlder this Note anul Mortgage and the Property is to be sold at a foreclosure sale, the Pr' perty may be sold in one parcel. I I 19. Receiver. If Mortgagee sues r foreclose the Note;.and. Mortgage, Mortgagee shall have the right to have a receiver appo nted to take controll of the. Property. i 20. Pa ment of rent and evictiol after Dcfault. If there is a Default under this Note and Mortgage, Mortgagor must pay m nthly in advance to iMortgagee, or to a receiver who may be appointed to take control of tIle Property, the fair! rental for the use and occupancy of the Property. If Mortgagor uoes not pay the rent when due, Mortgagor will vacate and surrender the Property to Mortgagee or to the recciver. Mortgagee may evict Mortgagor by summary proceedings or other c9urt proceedings. i 21. Applicable law. Mortgagee ~hall have all the ri~hts set forth in the New York Real Property Law in addition to Morlgagce's rights set forth in this Note and Mortgage, even if the rights are different from e1ch other.: I I i 22. No waivcr. Delay or failllre of Mortgagee tQ take any action will not prevent Mortgagee from doing so later. rortgagee may enf9rce those rights Mortgagee chooses without giving up any other right]. . i . 23. No oral chanl:es. This Note anu Mortgage may ~ot be changeu or enued orally. 24. Notices. Notices, demands ~r requests shall be lin writing and shall be delivereu in person or sent by certified or registered mail.. I . I ! I I I .II Ii I I, Ii il II ,I :i ,[ ]I 'I il I ',1 :i i ~ or gagor an ortgagee" used Iln thiS Mortgage influde them. Ii" 26. COSTS. FEES, ETC.: Should one or more Event~ of Default occur bereunder or should an action be commenced for the foreclosure of this Mortgage, Mortgagee shall be entitled to recover all sums due hereunder, statutory cost, and any additional allowances made pursuant to the Civil Practice Law and Rules of the State of New York'land in addition thereto, reasonable attorney fees and expenses incurred in connection with such Events of Default or action and in all proceedings related thereto, nd such amount shall be added to the principal balance then due and shall accrue interest t the rate provided ifor in this Note and Mortgage and shall be a lien on said premises pri r to any right or titl:e to, interest in, or claim upon said premises attaching and accruing s Ibsequent to the lien of this Mortgage, and shall be deemed to be secured by this Not and Mortgage an.d! the indebtedness which it secures. Reasonable attorney fees in the ev nt of a default shall be subject to court approval. . ! 27. PROOF OF PAYMENT OF T XES: I . I j On or before March 15th 0 each year, Mortga~or shall forward to the Mortgagee a photocopy of the most recent to n and county tax billl showing payment in full. I ' : 28. DUE ON SALE: l · ' The whole amount of the i, debtedness, both Jrincipal and accrued interest shall become due and payable at the option of the mortga:geeupon the sale of the property covered by this mortgage voluntari~y or involuntarily witthout ,the consent of the mortgagee while this mortgage remains a lien [hereon. Sale shall i~clude the transfer of equitable title by "Land Contract" and/or the exe ution of any contrafnt of sale for the premises wherein delivery of the deed is not contem lated within six (6) ,months of the date of the contract. "Sale" shall also include the bene icial transfer of mqre than 50% of the "membership interests" of Mortgagor to a person not related to Julius Oestreicher by blood or marriage, as brother, sister, direct ancestor 0 direct descendent Qr spouse of a brother, sister, direct ancestor and/or direct descendent. Beneficial transfer shall not include any disposition by Will or intestacy of any member. . , 29. MORTGAGOR'S RIGHT T 'HAVE MORTGAdEE'S ENFORCEl\fENT OF THIS NOTE AND MORTGAGE D1SCOJTINUED: I Even if Mortgagee has requIred immediate paynjent in full, Mortgagor may have the right to have enforcement of this Npte and Mortgage di~continued. Mortgagor will have this right at any time before sale of thd Property under anYI power of sale granted by this Note and Mortgage or at any time befoJ1e: a jUdgmen.t has belen entered enforcing this Note and Mortgage if Mortgagor meets the oil owing conditions: (a) Mortgagor pays to M rtgagee the full amqul1t that would have been due under this Note and Mortgage if Mortga ee had not requireq immediate payment in full; and i I (b) Mortgagor corrects i s failure to keep any of Mortgagor's other promises or agreements made in the Note and Mortgage; and I (c) Mortgagor pays all 0 Mortgagee's reason~ble expenses in enforcing this Note and Mortgage, for example, attorney's fees; and ; I . I (d) Mortgagor does wh tever Mortgagee rbasonably requires to assure that Mortgagee's rights in the Property Mortgagee's rights ~nder this Note and Mortgage, and its obligations under this Note an Mortgage continue lunchanged. , I I I I I I I I I If Mortgagor fulfills all of the cqmditions of this pa~agraph, then this Note and Mortgage will remain in full effect as if imme~iate payment in full had never been required. However, Mortgagor will not have the righit to have Mortgagee's enforcement of this Note and Mortgage discontinued if Mortgrlgee has required i immediate payment in full under Paragraph 28 above. I I 30. J\lORTGAGEE'S OBLIGATI N TO DISCHARGE THIS NOTE AND MORTGAGE: When Mortgagee has been paid all amounts ~ue under this Note and Mortgage, Mortgagee will discharge this Note and Mortgage by delivering a certificate stating that this Note and Mortgage has been satisf ed. Mortgagor will hot be required to pay Mortgagee for the discharge, but Mortgagor will pay all costs of reFording the discharge in the proper official records. II i Sil:natures. Mortgagor states that Mortgagor', has read 'this Note and Mortgage, received a completely filled in copy of it and as signed this Note and Mortgage as of the date at the top of the first page. STATE OF NEW YORK COUNTY OF Vevw0.1A J I PROSPECT POINT COTTAGES, LLC (/.~ ,)' By: "AL~ P{ (6~J~ Ju,lus Oestreicher, Member , . / / / i ( , 1/ I " '- i I On this 29th day of May, 1 98, before me camt Julius Oestreicher to me known to be the individual who executed th foregoing instrum~nt on behalf of PROSPECT POINT COTTAGES, LLC, who, being dul sworn by me did d,epose and state that he is a member of PROSPECT POINT COTTAGE, LLC, a New YorklLimited Liability Company, and that he has authority to sign the same.laml he acknowledg~d that he executed the same as the act and deed of said Limited 4iability Company ~nd that his conveyance has been 'uthod"d by ,II memhm of PR SPECf POINT C I TIAGES, LLe. ~\-~ I Notary Public I DANIEL T. SMITH Notary Public, State of New York Registration #02SM9056825 Ql)alified In ~arre~ County WI. ~ Comri1ission Expires July 31,_ I I MORTGAGOR ) 5S.: , ) -I I I I I 525 William Penn Place Suite 153-2618 Pittsburgh, PA 15219 December 26, 2006 JAl'vIES D HUGHES ESQ 354 ALEXANDER SPRING RD SUITE I CARLISLE PA 17015 Estate of ROBERT W BIRRELL Date of Death: Oct 23, 2006 SSN: 052-22-9140 Dear Sir/Madam: [n accordance with your request, the attached information sheet has been provided in the alxwe decedent's name as of his/her date of death. . For [L or LC accounts, contact~ur Loan Departm"elltat 1-800-708-6680. For all other inquiries, please call 888-999-6884 Sincerely, Pfeil. lVlarnie Operations Services i Account Number 62042997:5:5 Account Title ROBERT 'vV BIRRELL Date Opened :5/1 :5/2003 Account Type Checking Principal Balance as of DOD $:55161.48 Interest 11"0111 Last Posting to DOD $ .00 Account Balance as of DOD $55161.48 --.-------- YTD Interest to DOD $875.83 Account Number 621 09908-~ 7 Account Title ROBERT \V BIRRELL Date Opened 8/31/2005 Account Type Checking Principal Balance as of DOD $41807.31 Interest from Last Posting to DOD $.00 Account Balance as of DOD $41807.31 .------..-..-------- YTD Interest to DOD $6520.60 Account Number 6249182557 Account Title ROBERT W BIRRELL BRUCE BIRRELL Date Opened 10/3/2006 Account Type Time Deposits Principal Balance as of DOD $50000.00 Interest hom Last Posting to DOD $140.67 Account Balance as of DOD $:50140.67 ----~------------_.-._--._-- YTD Interest to DOD $ .00 Account Number 6249182565 Account Title ROBERT \V BIRRELL BRUCE BIRRELL Date Opened 1/3/2006 Account Type Time Deposits Principal Balance as of 000 $50000.00 Interest from Last Posting to DaD $140.67 Account Balance as of DOD $50140.67 YTD "Interest to DOD $ .00 _______n_n_~ Account Number 6249182573 Account Title ROBERT \V BiRRELL BRUCE BlI~RELL Date Opened 10/3/2006 Account Type Time Deposits Principal Balance as of DOD $50000.00 Interest ham Last Posting to DOD $140.67 Account Balance as of DOD $50140.67 ----_.~_._----_._-- YTD Interest to DOD $ .00 Account Number 61007:28978 Account Titk ROBERT W BIRRELL Date Opened 2125/1980 Account Type Checking Principal Balance as ofDOD $26264.63 I Interest from Last Posting to DOO $ .00 Account Balance as of DOD $26264.63 .----- ~- YTO Interest to DOD $240.77 H. R. HARMER, INC. PHILATELIC AUCTIONEERS 775 Passaic Avenue, West Caldwell, NJ 07006 TEL: 973-882-0004 . FAX: 973-882-3499 EMAIL: hrharmer@hrharmer.com January 18, 2007 The Estate of Robert W. Birrell C/O Bruce Birrell 702 Rock Elm Court Odenton, MD 21113 To Whom It May Concern: I, George Eveleth of H.R. Harmer, Inc. have carefully appraised the items described below based on current market values. Gold Type Set in Capi~al Holder comprised of 1851 Dollar (VF), 1855 Dollar (VF), 1857 Dollar (BU), 1910 21/2 Dollar (AU), 1843-0 21/2 Dollar (XF), 18543 Dollar(VF), 1901-55 Dollar (XF), 19095 Dollar (BU), 1907 10 Dollar (BU), 1915 10 Dollar (BU), 190820 Dollar (BU), and 190420 Dollar (BU): (Gold Basis = $625)' $3,500.00 Sincerely, ~C~>>,~I~~f\ George Eveleth President A UCTIONEERS OF "FRANKLIN D. ROOSEVELT," "CASPARY, " "DALE, " "HIND" and OTHER lvfAJOR COLLECTIONS H. R. HARMER, INC. PHILATELIC AUCTIONEERS 775 Passaic Avenue. West Caldwell. NJ 07006 TEL: 973-88:2-0004 . FAX: 973-882-3499 EMAIL: hrharmer@hrharmer.com January 18, 2007 The Estate of Robert W. Birrell C/O Bruce Birrell 702 Rock Elm Court Odenton, MD 21113 To Whom It May Concern: I, George Eveleth of H.R. Harmer, Inc. have carefully appraised the item described below based on current market values. 1856 Flying Eagle Cent VF-25 with some foreign matter adhering to reverse: "$6,000.00 Sincerely, ~~&~ George Eveleth President AUCTIONEERS OF "FRANKLIN D. ROOSEVELT," "CASPARY." "DALE," "HIND" and OTHER AIAJOR COLLECTIONS Greg Manning Auctions, Inc. Page 1 775 Passaic Avenue West Caldwell, NJ 07006 Phone: (973)882-0C04 Fax: (973)882-3499 Email: hrharmer@hrharmer.com Consigner: BIRRELL, BRUCE ESTATE OF ROBERT W. BIRRELL C/O BRUCE BIRRELL 702 ROCK ELM COURT ODENTON,MD 21113 Settlement No: 00000038 Contract/Account: 102364 /BIRRO Auction Date: 03/24/2007 Auction #: 189 We are pleased to list below the realization of the lots sold for you in the indicated auction. We also enclose our payment in respect of these lots. Thank you for commissioning us to execute these sales. We would be happy to be of seNice to you in the future jf you have any further material to sell. Lot No Mini Description Price 1137 1199 1202 1258 1305 1309 1341 1383 1394 1502 1598 1723 1762 1774 1906 1975 2007 2027 2029 2203 2224 $4,000 $1,600 $850 SUPER-SIZED ACCUMULATION OF UNITED STATES COLLECTIONS. HUGE UNITED STATES FIRST DAY COVER COLLECTION, 1932-1985. COLLECTION OF UNUSED UNITED STATES STAMPED ENVELOPE AND WRAPPER ENTIRES, 1864-1985. $5,000 $1,100 $1.150 POVv'ERFUL AUSTRAL:A COLLECTION, 1GU~-.lGGa. AUSTRALIA KANGAROO & KGV HEADS USED STUDY/HOLDING. AUSTRALIA AND STATES ACCUMULATION, INCL. KG V PENCE STUDY, POSTAL HISTORY, AND MORE. SENSATIONAL BELGIUM COLLECTION TO 1988. ATTRACTIVE NEWFOUNDLAND COLLECTION, 1857-1947 SOLID CANADA COLLECTION, 1852-1990. FRANCE AND COLONIES COLLECTION. GREAT BRITAIN COLLECTION. COMPREHENSIVE LUXEMBOURG COLLECTION, 1880-'1988. POWERFl,lL NETHERLANDS COLLECTION, 1852-1988. . POWERFUL NEW ZEALAND COLLECTION, 1855-LATE 1980'S. COMPREHENSIVE SWITZERLAND COLLECTION, 1858-1988. VALUABLE BRITISH WEST INDIES AND SOUTH ATLANTIC COLLECTION, 19TH & 20TH CENTURY TO THE 1960'S. ATTRACTIVE AUSTRALASIA MINT COLLECTION, 1916-1990. MOSTLY MINT BRITISH OCEANIA COLLECTION. USEFUL BRITISH OCEANIA AND WEST INDIES GROUP. MUSTY WORLDWIDE COLLECTION, 19TH & 20TH CENTURY TO THE 1960'S. INTERESTING WORLDWIDE COLLECTIONS AND STOCK ACCUMULATION, INCLUDING POSTAL HISTORY. $6,500 $3,750 $5,500 $550 $900 $1,300 $2,700 $3,750 $2,400 $9,000 $3,250 $900 $725 $2,1 00 $2,200 A.S.D.A. QUALIFIED AUCTIONEER - OFFICIAL AUCTIONEER, WASHINGTON 2006 Greg Manning Auctions, Inc. Page 2 775 Passaic Avenue West Caldwell, NJ 07006 Phone: (973)882-0004 Fax: (973)882-3499 Email: hrharmer@hrharmer.com Consigner: BIRRELL. BRUCE ESTATE OF ROBERT W. BIRRELL CiO BRUCE BIRRELL 702 ROCK ELM COURT OOENTON, MO 21113 Settlement No: 00000038 Contract/Account: 102364 /B1RRO Auction Date: 03/24/2007 Auction #: 189 We are pleased to list below the realization of the lots sold for you in the indicated auction. We also enclose our payment in respect of these lots. Thank you for commissioning us to execute these sales. We would be happy to be of service to you in the future if you have any further material to sell. Lot No Mini Description Price AUCTION STATEMENT: Hammer Price Total: Less Unsolds: Less Returns: Less Extensions: Less Uncollected Lots: Subtotal: Less Commission (15.00%): Less Advances: Less Interest: Due Consignor $59,225.00 0.00 (U) 0.00 (R) 0.00 (E) 0.00 (0) $59,225.00 -8,883.75 0.00 0.00 $50,341.25 A.S.D.A. QUALIFIED AUCTIONEER. OFFICIAL AUCTIONEER, WASHINGTON 2006 H. R. HARMER, INC. P HILA TELlC AUCTIONEERS 775 Passaic Avenue, West Caldwell, NJ 07006 TEL: 973-882-0004, 800-782-6771 . FAX: 973-882-3499 EMAIL: hrharmer@hrharrner.com June 28, 2007 Estate of Robert W. Birrell C/O Bruce Birrell 702 Rock Elm Court Odenton, MD 21113 Dear Mr. Birrell: Thank you for entrusting your material to our with the results. t auction(s). ts marked when the Enclosed you will find the prices realized for Settlement checks for this auction will be mailed Au with "E" are out for certification per the buyer's req expert authority renders an opinion. If you have any questions or concerns, pleaSE or email meatlroemer@gregmanning.com. ber above Best regards, ~~ Lisa Roemer Consignor Relations Enc ? (u~ I~n ~ ;J!l #/1,AV. LV/] AUCTIONEERS OF "FRANKLIN D. ROOSEVELT," "CASPARY," "DALE, " "HIND" and OTHER A/AJOR COLLECTIONS H.R. Harmer, Inc. 775 Passaic Avenue West Caldwell, NJ 07006 Phone: (973)882-0887 Fax: (973)882-3499 Consigned For: BIRRELL, BRUCE ESTATE OF ROBERT W. BIRRELL C/O BRUCE BIRRELL 702 ROCK ELM COURT ODENTON, MO 21113 Lot No 1004 1043 1686 Page 1 Owner Account: BIRRO Contract No: 102364 Auction Date: 06/23/07 Auction #: 190 This is a preliminary report of the prices realized for your consignment. Any adjustments for unsolds, returns, extensions, etc. will be made at final settlement. Mini Description UNITED STATES COLLECTION, 1847/1990. U.S. CUT SQUARES COLLECTION, 1853/1899. FRANCE QUALITY COLLECTION 1849-1987 Hammer Stat $35,000 $3,500 $4,000 Total: $42,500 Unsolds: $0 H.R. Harmer, Inc. 775 Passaic Avenue West Caldwell, NJ 07006 Phone: (973)882-0887 Fax: (973)882-3499 Consigned For: BIRRELL, BRUCE ESTATE OF ROBERT W, BIRRELL C/O BRUCE BIRRELL 702 ROCK ELM COURT ODENTON, MD 21113 Lot No Page 1 Owner Account: BIRRO Contract No: 102364 Auction Date: 06/19-20/2007 Auction #: 975 This is a preliminary report of the prices realized for your consignment. Any adjustments for unsolds, returns, extensions, etc, will be made at final settlement. Mini Description Hammer Stat $950 $180 $170 $65 $300 $475 $575 $4,250 $1,000 $260 $260 $90 $150 $350 $600 $160 $260 $825 $150 $375 $850 $1 ,250 $400 $220 $160 $95 $260 $250 $5,500 $5,000 $1,700 $1,250 $500 Total: $2B,BBO Unsolds: $0 0036 0068 0081 0142 0166 0194 0213 0215 0331 0345 0349 0350 0352 0353 0354 0364 0367 0396 0438 0441 0445 0459 0530 0537 0542 0545 0598 0599 0609 0643 0665 0725 0845 #2, 10C BLACK, #11, 3C DULL RED, #15, 10C GREEN, TY. III, #65, 3C ROSE, #85, 3C ROSE, "0" GRILL, #112, 1C BUFF, #121, 30C BLUE AND CARMINE, #122, 90C CARMINE AND BLACK, #242, $2,00 COLUMBIAN, #249, 2C CARMINE LAKE, TY, i, #254, 4C DARK BROWN, #255, 5C CHOCOLATE, #256, 6C DULL BROWN, #260, 50C ORANGE, #261, $1,00 BLACK, TY, i, #273, 10C DARK GREEN, #275, 50C ORANGE, #292, $1,00 TRANS-MISSISSIPPI, #308, 13C PURPLE BLACK, #310, 50C ORANGE, #311, $1,00 BLACK, #315, 5C BLUE IMPERFORATE, #387, 1C GREEN COIL, #392, 1 C GREEN COIL, #393, 2C CARMINE COIL, #396, 5C BLUE COIL, #445, 3C VIOLET FLAT PLATE COIL, #445, 3C ViOLET FLAT PLATE COIL, #449, 2C RED ROTARY COIL, TY, I, #491, 2C CARMINE COiL, TY, II, #539, 2C CARMINE ROSE COiL WASTE, TY. II, #E4, 10C BLUE, #U350A, 5C SLATE BROWN ON WHITE COLUMBIAN ERROR OF COLOR, _. _ __._. ..-__ ,.. '" _. II.I~"T"''''''I .,,,nc H.R. Harmer, Inc. 775 Passaic Avenue West Caldwell, NJ 07006 Phone: (973)882-0887 Fax: (973)882-3499 Consigned For: BIRRELL, BRUCE ESTATE OF ROBERT W. BIRRELL C/O BRUCE BIRRELL 702 ROCK ELM COURT ODENTON, rvlD 21113 Lot No Owner Account: BIRRO Contract No: 102364 Auction Date: 06/21/2007 Auction #: 977 This is a preliminary report of the prices realized for your consignment. Any adjustments for unsolds, returns, extensions, etc. will be made at final settlement. Mini Description Page 1 Hammer Stat 2223 2224 2225 2227 2229 2232 2235 2238 2239 2242 2243 2244 2245 2246 2249 2250 2255 2337 2353 2358 2359 2372 2373 2374 2380 2390 2391 2392 S.G. #14,1913101- GREY AND PINK, S.G. #15,1913 E1 BROWN AND ULTRAMARINE, S.G. #16,1913 E2 BLACK AND ROSE, S.G. #210,1914/20 1P CARM!NE RED, DIE !I, S.G. #29,19152/- BROWN, S.G. #30,19155/- GREY AND YELLOW, S.G. #44B, 1919 E1 BISTRE BROWN AND BRIGHT BLUE, S.G. #45, 45B, 1919/24 E2 'ROO, SPECIMEN OVERPRINTS, S.G. #112, 1929 10/- GREY AND PINK, S.G. #136,1932101- GREY AND PINK, S.G. #138, 1934 E2 BLACK AND ROSE, S.G. #143, 19325/- SYDNEY HARBOUR BRIDGE, S.G. #184A, 1941 2P SCARLET COIL, S.G. #043S-44S, 1903 10/-,201- DULL GREEN, SPECIMEN OVERPRINTS, S.G. #059,1908 51-DULL GREEN, S.G. #0110, 1936 6P CARMINE AND YELLOW GREEN, S.G. #93G, 1932 12/6 GREY AND ORANGE, "GASH IN FRUIT AND LEAF" VARIETY, S.G. #24,1924 E1 PURPLE AND BLACK ON RED, S.G. #204-05, 1935 E2, E5 BULOLO GOLDFIELDS, 1898/1900 1/2P, 1P,.2P DEFINITIVES PLATE PROOFS, S.G. #412-15,1913 1/2P-6P AUCKLAND EXHIBITION OVERPRINTS, S.G. #0113, 1933 5/- GREEN, S.G. #0~32C, 1942.2/- OLIVE GREEN, PERF 12 1/2, S.G. #L6, 18911/- ROSE, S.G. #99,1916 E1 CHOCOLATE AND DULL BLUE. SETTING "C", S.G. #16A, 19052/6 BLACK AND BROWN ON THIN PAPER, S.G. #20,1906/072/6 BLACK AND BROWN THICK PAPER, HORIZONTAL WATERMARK, S.G. #130-45,1932/40 1/2P-E1ISLAND VIEWS, Total: Unsolds: ... __. _.. .___ ... A _.,...._..,..,......... ",,"C $260 $900 $700 $220 $200 $210 $525 $200 $220 $150 $325 $180 $120 $300 $80 $250 $500 $400 $1 ,300 $60 $160 $170 $120 $375 $130 $270 $95 $160 $8,580 $0 July 3, 2007 Bruce Birrell 702 Rock Elm Court Odenton, MD 21113 Dear Bruce Birrell: "~./.:<.~. ~. m.. '. .'~.. "~<~'''.'' _a~:t:t~: ~\,",;;):' . <-o/'..../:. ~ .)~. '. '<<-:(.. ;/.- :.4 ~ 2J1-'-'~ " ; O. / .", '. ';"-'/ fl~~ ~~'~~-- . ) t-j.... .. ~~",:'" NUTMEG STAl\;IP SALES, INC. PO. Box 4547 Danbury, CT 06813-4547 U.S.A. Tel: 203-792-3862 Fax: 203-798-7902 E-mail: info@nutmegstamp.com WEB: http://www.nutmegstamp.com Enclosed is a Post-Sale Statement for the material you had consigned in our Auction Sale 147, which was held on June 26; 2007. A settlement statement and your check for the proceeds from the sale will be mailed 45 days after the sale. . Please do not 'hesitate to contact us if you have any questions regarding your consignment. Sincerely, 7~ Jo Mills Nutmeg Stamp Sales Enclosure A ALWAYS BUYING I ~~~ AUCTION AGENTS APPRAISALS CONSULTANTS POST -SALE Nutmeg Stamp Sales, Inc. PO Box 4547 Danbury, CT 06813-4547 Website : www.nutmegstamp.com E-Mail: info@nutmegstamp.com (203)792-3862 Fax - (203)798-7902 Page 1 07/03/2007 11111111111111111111111111111111111 Account Address Bruce Birrell 702 Rock Elm Court Odenton, MD 21113 Consignment Information Customer No, 88503 Prepared by Consignment NO.53833 Sale No. 147 For Sale on June 26,2007 Settlement Date 08/10/2007 Property No. 1 00948-US and France, Birrell, Bruce estate of Robt. Lot No. Sug Bid Estimate Cost Realized Lot No. Sug Bid Estimate Cost Realized! 12371 750 450 0 0 13137 270 160 0 125 12440 160 95 0 105 13138 110 65 0 0 12450 850 500 0 1,050 13140 270 160 0 0 12454 150 90 0 0 13142 100 60 0 0 12455 450 270 0 650 13162 350 210 0 170 12485 850 500 0 400 13164 250 150 0 0 12498 250 150 0 210 13165 140 80 0 0 12504 160 95 0 120 13170 425 250 0 0 12509 90 .5D G . 60 13171 160 95 0 0 12519 180 105 0 70 13172 220 130 0 0 12529 . .100 60 0 40 13173 110 65 0 0 12530 300 180 0 150 13176 500 300 0 300 12532 200 120 0 0 13177 700 . 400 0 0 12533 350 210 0 0 13178 200 120 0 90 12535 400 240 0 190 13179 350 210 0 0 12536 . 500 300 0 0 13180 425 250 0 260 12538 240 140 0 0 13182 270 160 0 0 12541 220 130 0 0 12542 200 120 0 0 12561 1,500 900 0 0 12567 90 50 0 0 12568 160 95 0 0 12574 135 80 0 0 13130 300 180 0 0 13132 650 375 0 0 13135 500 300 0 0 Total Hammer 3990.00 Thank you for offering your material in our Auction Sale. We are pleased to send you the results of this auction. On the settlement date shown above we will be sending you any proceeds due, having deducted any commission and expenses. nndc:::. 1"";:1)( frx f:j p t-. :l 3 , ;::: ~'i ell' ~;ett:lem€~nt COP';' ::3El...L -'~'.J[: : 121'::: 1. 05(: ESTATE OF ROBERT BIRRELL E:,:~;;::: \'0 F~f( t;H I F~F: D F~ cnRLISLE PA 1712113 PEN/TAG HEAD DESC BUYER TICKET WT/lbs Pf~ I CE 1~IYI[JUNT Fi319E; F~- 1:3 (:: ~::: (+ :[ rrlDCY3E tilT 1 FODT (.iSHTFU'4'/ 1 CAPE BUFFALO BOOKENDS 1. :[ 1 :[ 1 1!:.~.--~:j 0~JQiOOt.: 00iZIItJc:c: 121000,:4 iZI01Zl0~:::~; ('I 1211(.) ~?1 ,: (::' (J00()(:~7 o QII21 ~?1 ~::: .9 (:) 121 I[~ () 2;.ij. o tZHZIIZl';. ~:l () () (:1 () ::.; If 00IZ10~5:S 0000i:;,E, 00CilZ171~ 00(211 ()iZl iZl0010J ()("(~ 11l~ 0012111';;) !Zr\;~121 i ;:~iZl 000 1. ;~: 1 00iZl;;::Ql1 0@ZI~:::0;::: O(:J0E: 1. ,:: 121 1211Z!;;:: 1 t3 01210;::: 19 000'j.+ "7 1211211 ;;:::LI.3 1/..101 i~::';.'3 OQl 1 ~='::::':;3 00.t 3.:~;8 iZlOl.3if4 001 ~:;:.:;4 iZI01.3~':'I::., 1. .9(:,0" 0iZIH ::;~5. 1210H '7~.:i. 0~)H 75.00H 7~:5. 01211-1 i:. 0 (i). ll.'1iZl H f+:.:~. 0IZiI.-j ;.:~~so. IZliZlH ~3~~. iZlOH E5.00H 7::5" IZI(.)H 13~.5. OiZlf-1 .1. . '.:;Ij~?i, OOH .3~) 121. Qi IZl t..1 1, 800. iL'Ilf.-j ::.~;::s. 0121 7~S. O(i 75. 1210 TS.iZliZl L.00. ()0 4~j. OiLl ;;:'~)Ji.). 00 50. 1110 E.'~:'i. IL~O 7~S. 01?1 135. 1210 1, ~j0~o. 00 .:~jO~). liJO 3~.:iIZI. IZtO ~51/). 00 . 1 :::j(). I(.:IIZI ;:::01t't.00 ,-=:: ~~1If.). ILliZI 1 8 1i:1. tZll~) ,~50. o III 50.0iZl ~S. iZI iLl ::':i, 00 EO. rZliZl --.: -l i'- J. 7..-1 7--1 f:-l32~~;:'=~ F B (:: ;::: E, F8,~;:::7 F~ B ~~~ 4 i~, FB,:::4.1. f\';jCe.~7; F B,~.:V, F'DDT n~:;HTHH\! ZEBHn HIDE OUCh DECOV lylNT GCH=1T I'rn .1. BEAVER & OTTER HIDE 1. ASSORTED BACKShlNS 13-1 J l.JCiLljE:RH,.lE F~U(3 (D~41'rli~(3ED) 1:3'-l 1. Br-)r~RnCUDri /71T .1. BUFI:::-i~iL.(J lylT 1 (3Er~f~I\IUI< t'1T 1 U~~;SER t(,UDU lylT 1 GEMS80K FOOT BOOKENDS 1 I..JHT TA I l_ !yrr :1. 1"1Ul-EDEE:F< t,rr :[ t..JHT T~l I L. l'fIT .1 ZEBRA LEG LAMPS :[ COUGAR RUG (DAMAGED) :1. 2 AFRICAN RUG BACKSKINS 39- .1 SAC, FEHTHEF<~::; .1. FANNED OSTRICH HIDE .1. ZEBRA BnCKSKIN 1~-1 1 FB GEMSBOK CAPE & HORNS 16- :L BLK Bi:::n r.:;: I~UG .1. BUFFALO HIDE BACKSKIN :I. SI.-lEEP H I DE I=iUG 1 BU{ BEr:1R rWG .1. ;:;PRINC:-iBCW, mJG 1 FTAX 117- BROWN BEAR HIDE NO CLAWS 1 GOAT BACKSKIN RUG 7,-,1 5=~-- '\.7.1 - . E; T t:1CJ f3 A ...) F' B L~: ,~:: ,::) FEl,::: 1 ':~ F8~~:.1. ;.::: B ':, f:. '7 (:3 F8,::0E., Fe. 1'37 F E3 ,:: ,:: 1 FB 19;5 FE3,:~ 11 . F8199 FE3,::2:.':j F 8 ~7:~:::: ~'.I F8(~~~;8 FB,~.37 --' ._~.; -- 1 1. f!,-- J 1 (::!,.-. TH(jtr1~;C; 3!.:%~. DOH ~)O. OOH 1'.50. O(DH ~:::iZI0, 0\?:IH i:::lLIIi). DOH 1 ,e,o" iZI0H ;::: ~~; O. ~~Wlt-! ~.) iZl. ~:I~) H . ~~. iZlOH ~'.;. 1210 H bO.DOH 3~=':5" WOH .3 ~5 0. !;:i(':1f-1 :3 ~".; Ci. iZi (~ f-I 70. 0W,,' L.CI\!). ~~jiZlH 1 :::50" OOH ;:::7~5. IZIOH .1;.._: -.:s ."~ c:~; ~) :-- 3':0.- ~:~; {:J :-. F" \~3 ;::: 2;~:'; 39-- F B,~!.51. F:" t1;::-: ~~. 1+ .3 ;~~ ~:5" (~~'Z1 F (3 i::: /~. '3 FB,::~:~.8 F f3;:~L~~5 F[::lE:~=jQI F EJ '7:: ,:. (; r::' B ,:: 1. i3 .3,~C'-1. 3.:;':;,=':-,,1 ~:':;0'5--' 3~jO. ILll,) .::!; ~7.i 121. 0 IZI 7121. OIZI 4. () 121. () (:1 1~50. 00 ~~: ~~ ~:: ~... 1 :3''::)-1 ~~~ ~? ~;,. I2l QJ F El ,:~ :.;; 'j ~;;,j '3 --. 1. (:101 31-3:::': 70. !Zi((.IH 71i.i.OO Cont i. nuecJ'''l.-j(..;t (j ~~:: :t t.:..~:; t: ~;::E:L..l... _.t""40 : ::::ett lem,~nt Cop'." ~-i [:"J (". ].:~ " ;::: L?l (~) -7 CARLISLE PA 17013 f.; ;~: ;:::: Y 0 F~ f< ::::: I..' I f.{ [ DR ESTATE OF ROBERT BIRRELL PI'71DUI\~T BUYER TICKET WT/lbs PFd CE PEN/TAG HEAD DESC $. e, ].:)'~). C!Q.'1 BALANCE FORWARD FROM PAGE 1 DAHL SHEEP HORNS 1. DAHL SHEEP HORNS :t EI._E~:PH~-=lN T ~31"~ I 1"..1 1 BOBC::AT HUG :l 1'-lf..~ll~TEBE:EST l,lT 1 THOMPSON GAZELLE NT 1 LESSEI~ ~<lJDU "i1T :t ~::TE I NBLICi-'~ rn' :t TOMMY GAZELLE MT l F;'EEDBUCf'~ l'rn l DRIBI t7n 1 FRINGE EAR DRYX NT l O:H<IBDU l'iIT 1 I<UDU i'1iT ,~ I=- I SHE F: f~U(;:; FISHER RUG (SMALL) .1 WILDEBEEST MT' :I. EL.i=-11\ID till' 1. CAPE BUFFAL.O MT 1 EL.I< r-n 1. Z E'::B f~A 1"lT 1 ZEBRA BOOKENDS. 1 2 PINE MARTIN HIDES 1 t-JHT n-=i I 1._ ".n 1 MNT GOAT RUG (DAMAGED) 1 FTnx " 2 JEWELERY BOXS AFRICAN HIDE WATER BUCK MT 411-l ::. BUFF~:IL(] STATUE 1 WHT TAIL NT 438-1 1 BOX ELK TEETH. LION CL.AW SB- :t 5 AFRICAN BACKSKINS 1. BL..F, BEI~4F< ~::F,LIL..L.. 1 ..7 ~5.. lZj 12) ~JiZ! 13~3t:. ('101. [1.05 O~:ll L~~~9 (K) 1. t!- ::.; (:: o (~11 (=. ~:::: 2; l[,i01 t:A 1. 12101 t:/50 1211[,1 E:-:.7 iLiOl ,St;, 1 (iO 1. E:.G~5 0~:i 1. EE. .:) ~J~) 1. 7~:::l;:i 011.) 1. ?:~;E\ 00 1 7 Lf "7 0~) 1 74'::! 17'5.1210H 1. 7~':;. OOH 40.1211211-,1 ~:::50. QJ('iH 11121.0I21H 175.00H 1 ~50. 1Z1lZlH 1 =.;0. QiiZlH ~::OO. ~~lQ'H 1. ;::<5. OiZlH 1. 00. (~IQIH 1. ~:.;O. iZIiLiH 1. 7'~3.. (;WIH if~Jl;:i.. iL'tOH El5. 0C:IH ;? ~5 I"! ..- .J r.:.- B~~ 1.~: FE~.,::': 1'::j. 1 "7~.), It)O '10.. iLi~') !~. .'+ -- 1. 1- F-- 82 .!1- .:::=~ ~~~~.;(J II G:10 3:'59--1. f::-E1~:: 3(:1 111[.l. IN~i 1. 7~.~. 00 1. ~:.m. ~:'lIZI. 1. ~51[). 00 j:~~ ILI0. iLl 0 12:.':.;,00 liZWI.. 0 1i:.1 1 ~.;o. 00 1. 7 ~.:5, 1711Z1 '~C0. 00 1 '7 iZl, IZIIZI (;'3'--1 FE\,?07 F" G (~ l?! .ij. FBi? 0.:;:: F~ fJ ,::.: 1.l;:1 F' B20~.:.~ f:' 13 (::.: 121'3 r::-/-3 (~ 1. (; F8~::O 1. FB;:::IZ!0 F E:\ (::.: (?113 F'B ;:~ .:-3; ;:::: F' B j:::': ;::~ 1=, t:, 9 .-- 1. ~:::~JZ::-'l ;~:: iLi c.: - i (:.:,i:3."~ .1. (:.:.~:!--1 f.:, (:;l ,..~ j E<)-- 1. 7'i;.;I--1 L:::~ E~, ~?( ...~ (:.:}'.:.3'~M 1 17~5. ~)O 17~:;.tL10H . '=:;;;::~~5. O(?iH 3('=':~:;. l?II2!H 1@ZI. 0()H 7c::'::;. (2)H 5iLi.001--l :::.::.:.;. 0()H -4 ~:::: ~::;. ii.KiI-1 :.:)(~.. 00H "+0.. OCiH E:E,8-'1. 001.7'';3(, iZlC! 1. EliZl;:;, l?IO 1 8..1. ~=.: O~:I1. EJ,::5 ~:!o 1 g LI' ~5 iL1CD 1. ~-j;l.: 1. ~-:r~J1991. oO~=':OgE: 00,::: 1.5'::1 oo;:::;:::~e j-=' E) 7" {:.:} ~5 3~~5 If tZllZI 3'::M-l C.:::J.....l ;4..3l:~,""'1 F i='. 7 (; ,~~ F- B "7 .f, :~: I:::-B;:=:O;=: Fe..;=':l~:.; F:- B;:::~~3 F" B(::':':\3 3E:~.:;. (;'!O 1 c: (). iL~ I[i "7~::~:j. ('10 :~Ii"). IZI~) 2:5.00 1+ i::':: ~~. IL.' Vi ::.;'-j.00 iff;'). Vi Q) E.,'::.I'-l (; '9--. .1. c:7':i-.1. (;..-1 1.17- F- [3 -7 .3 :.~~ F'g,:: 17 F I~,;::~L~O ;=~i3f:..-1. 1 H)" o iLl 1 10. C~0H 7 . ~:;0H ~:;(L O(~IH 10. iZIli)H ~:::::;. O~)H 1 E:. ~i0H Ol();:~ 2:: ''.~, (-; F:- 13 "7.3;;:: Fe. ,::.: "j. c: F' H:t ':JI;; FB(::':5;;::: "{'" 50 tZ; III c~ i~ E.. ~~~ ,::9,::-.1 ~s O. IOlll H'i. 0121 ~~ ':5. III iLl 1. ;:~. ~5~j 1210i::-'1' E. 1+ 12i 0 c~ ~:; ~:.; :~: 121~);;:: (, i::: '.5 ~s ~3 :.~; ._. ;::: f::- l3 ~~ ':f -1 ~:.; 5 2; -.. ~::~ QtlZi ~::~ E. c~ E~ Ff::\,::2; 1. Cant j'nu~?cJ'~,''''';;:; ;:; j:) "t... 1. ,~~ ? ;::: 0 L~17 E:E,t:t: 1 !2m~~nt: C~Oply' ESTA1-E Ol~ ROBER"T S:[RRE!__IH_ I::' ,,:; ;:~~ "y' c} F; h. ':3 H I !:~ 1::: D F -'C!' ,,-- ::::,~. _.l... -I"'U ; CARj._.I~;t_E ~:l~; 1.7013 8UYER TICKET WT/lbs PF:ICE PEN/TAG HEAD DEBC EI, '::) t; t;, ,:3 1 B '3 E.. f, ~;I 1. I.-!. ';'0 E; El '1 ., .L 13 'J [. E\ I:) "I. i39t:..BE\ i .' B':3f.,~-:3il1 < .L r~,'3E.e..O :I. B':)[.1::1 1 1 E'. ':;J (; ':~j 1 1 :B 13 t:. 9 ;~; "I. :e. (;"l (:.. ~j ;::: 1 B 1::3 t=.. B t~, 1. B '::) E. "7 ~"5 :[ EI, '::) ;::1 7' t.:.. "I. i;3 (":'1 (; El (:: 1 'p. ~! E. E.. i. < J. B':;J(:,6;::-~ 1 .I. B ~;It=.. I:' Ii) 1. B':)670 :I E~. ;:3 t7.11::, =~: 1 1:3 ':.~ t.:1 ~,5 ~~. 1 B'3EE.~:'; 1 B96(::""1' 1 B'Jt; 7 1 1. E~ (:;I t.:. t:-) -7 1 [\'."jF:07LI' 1 f3 ':9 E, -,;r :3 :l B ':Jt=.. 77 l B '::1 (:, El.~~ :[ B':JE..79 < i I \)CJP'V ~3t~-r IVDf(V EET 1 I l.nmv TlJ~:31< Cjl:~ I B I friT FB GRANTS GAZELLE MT FB LESSER ~JDU MT :e.nC::l"JN BE)::,::? f~L.lC; T~;E~)::;EBE !yiT Hf~ F~T I BEE~F;T t'1T GErr1f::BClf<. f,n' FB CDi..JGAP l'lT GRANTS G8ZELLE MT IMI:::'AI.Ji r-.1T z E~B nA rill I..WHH 1-.10 C:3 I~rr DrH..IL EHEE:P f"tlT I"v1f.lT C::iUAT 1~I.JL; ZEBPri Pl..Ji3 ZE~BH~~ I~U(:3 BL..h BEJ=i F( Hue:; Z EB Ri=1 PUG CDUGriF: f~UG AVG-PRICE: 697.95 7-1 w_~ .. ,'..... .L 16,- :'~:;90-1 3 ~~~ ;::: ,.- 1 .:; .3i:~ ,,- 1. ::;;E,:~-~ 1 84.....1 1. ':j-.. l'3'" E,'::) ..... 1 .3 J ;:>... 1 C. () ...- :I. "7;J...-f;, 7.....:1. 1 ;~~~5-- ;;::-,,1 ~.5 c. I:j ..-. t :::::0;:::--,.1 7--1 ~::::-"1 l1E','" B.i:,.-... 3':Y:i-1 ~~; 1:3...- 7....1 :;;'::3':D-'1 1. ;:::~3-- 7 .~~ ~~j ..... HErm; (1 ~~~ :1. f:.. ~~.; E Af":iDur'JT l; 1 .:~:. .;::80. ItJO 250.00H 250.00 285.00H 285.00 2.350.00H 2,350.00 :l.75.G0H 175.00 400.G0H 400.00 ILl (:1 ;;:~"7 1 (; ~~.~ i~.) ;~ 7 ~:~ Ct (:10;;::7 g(:... Ii! Ji) ;::: ':;; ~:: 1=-, 00;:~9:'~;4 ~~) 0 ;:~ '3 3 ,~3 OO~::g1.f 7 Lf ~:: :.:i. om..1 :52:':=;. G0H BALANCE FORWARD FROM PAGE c FJ3 jJ 11.(1) I 1< iylT F P. D I 1..T) I 1<. t'iT CAPE BUFFALO BRONZE CAPE BUFFALO PRINT T?~X I OLD GEORGE ELEPHANT PRINT ZEBRi~ PR I ('.JT n:iXI ELEPHANT FOOT & EAR TABLE ELEPHANT FOOT STOOL 59-1 CliLic: 9::3 E\ 00307".:':; iZIO;?;~J77 iZICI3lZi79 !ZI02; 1. Qi 1 li.)IJ,"311 n CiC!:317'3 Ci iJ ::~ 3 "f 1i 00340~:: o () .::.:; LI Ci I;:.. 't (1 O. I2ll2lf-1 lit, 000. OIZIH. 11, I{JO(;J. iZi(~JH 13, ;~~'::i~:l.Ii~OH E:c~~:i" 0IZi~'i Cl ~?l.?; A. .~.~; "'7 ClOO '" '.::j~) Ci. (I (J H Ii ~\. ,... - -rl,....,'I J LI f .......~-!zJ(\I..l 1. , 2:IZil:I" O(~IH. (::IZ10. OJiJH 1~':;O,,00H ~:;7::;. ClOt-! :I , ~:jiZ!0. ODH ;:-~7::i. OiZlH 01/1 :.:: ii. i+ :::i 12~t 121 ~3 ~::~ 3 (~! 00:::; ':.) it :..:; 01213 ::; ~.:.; 9 00;:~;7~:.;7 (~'I Q! ::~; 7 B .ij. i::~ 7' ~5. t~)IZll"i "?;:~:.:;" OOH E:7~.5" (~)OH e, 0 ill. iZtCi H ,:;:7'.::;" 0~?iH -., .-. ,~- f?> \~." J " 1..7....).. ~.Iil.lj"l Cll;~ L~ I~~ "~j 1 OOLf11.0 l'lIZi..4 1. 1. 1j 700. ~?1C0H ::;OIZI" OIi:1H E,75. (?1~~IH 1..00. 0 iZif.j tl) ILl i"t 2 ;:;:~ -7 OCZ1,4;;::;:-;; j 1210 ij. .=.: if III 1:9~S , L_ .1.1...1 COMMISSION 9.945.75 TRUCKING 2.2e..7.50 2007 EXOTIC SALE DATES JULY 12-14/SEPT 26-29/DEC f.,-8 Lf ;:::: ~:;" 1/1 111 ~:; ,=.: ::.!. iZl 0 Lj. 121 0 . 1210 1.:; ~ 01210" IZIQI 11. O@i.J" 00 1. .=~, ;::~ ~5 O~.. lZi ILl c:;~::.:i. 00 ~5Q)li)" VIii.) '"3(:1.00 1 ~;:::iLiO" 00 . ~::liJO. iXl 1. ~'.!!Zi. liJiZI . :~::; ~7 ~5" ~0 (,~ 1 . ~51t.)lfJ. @!.:I' 37~:!. 00 . ;:~"7 ~::'. IZIIZI ~? ~::: ~:.:; Q Q.i ~J ;::~ 7 ~::;" If:)~) BOltJ. 1210 ;:~7::::;. OiLl 7j::::~:!. il.~O 700.1211;) .=~;Q1G. 00 E:,7~::,,, IZIO f.,.~JO. iZlO "$ (:; (.:;" 3iZl5" OCI +- GelD ..(lD l 1 ;.::~ ~ i::~ ~3 :~; 11 ;:::: ~::.; * ':'.; ':1'. Ci 7 1 " "7 ::.i ~:-l'H.ANSAMERICA .1.. LIFE INSURA:-<CE COMPANY Transamerica Life Insuranc: Company 4333 Edgewood Road I\iI PO Box 3183 Cedar Rapids, Iowa 52406-3133 January 11, 2007 Kenneth A Birrell Salzmann Hughes P C Attn James D Hughes 354 Alexander Spring Rd Suite 1 Carlisle PA 17015 RE: Annuity Number(s} 26252282 Dear Kenneth A Birrell: We have received notification, Robert W Birrell, annuitant of t.he above listed qualified tax deferred annuity is deceased. Our office wishes to extend sincere condolences for your loss. The following is the current information on this annuity: Annuitant: Owner: Primary Beneficiary(ies) : Annuity Policy Date: Full Value as of 01/11/2007: Taxable Portion: Full Value as of 10/23/2006: Robert W Birrell Robert W Birrell Kenneth A Birrell 1/3 April 6,.2000 $19,537.32 $ 1,367.40 $19,411.15 The attached document outlines. the options available to the primary beneficiary(ies) listed above. The full value as of the date of death is for tax purposes only and is not a guarante2d d2ath benefit amount. The attached document contains general tax information based on Transamerica Life Insurance Company's interpretation and should not be relied upon for your personal tax planning. If you have questions concerning the direct tax consequences when selecting an option, you may wish to consult a tax advisor. Member of the ~EGON.Group @ Mellon January 16,2007 James D. Hughes. Esq. Salzmann Hughes. P.c. 35cJ. Alexander Spring Road, Suite 1 Carlisle, PA 17015 RE: Est::1te of Robert \V. Birrell. DOD lO/23/{)6 Dear NIr. Hughes: In reply to your letter dated 12/06/2006, the exact title of the trust account here at Mellon is: ROBERT W BIRRELL MELLON BANK N.A. TRUSTEE UNDER AGREEMENT DTD FEBRUAR Y 7 1986 FORMER ACCOUNT #21339-00-7 There has been no change of ownership or registration of this account within one year plior to the death of Robert W. Birrell. Also, no accounts have closed within one yearprior to his death. As you requested, I am enclosing a Date of Death valuation of the assets and a copy of the original trust document. The document reflects the inception date of the trust. Should you require additional information, please contact LIS. Sincerely, Enclosure Private \h'uUh ,1lilllu,QclIlel'l 1735 Market Street . PO. Bn.\ 71\99 . Philadelphia. P'\ 19 i ('0 \ -73<)<) IR8S) 805-56S9 Toll Free A Mellon Firwll,'ial COlIIl'anr'M \ 1 ' f ! l' o Estate Valuation Date of ueath: Valuation Date: Processing Date: 1J/23/2006 10/23/2006 12/15/2006 Estate of: Birell Robert W T/A Account: 10171012BN6 Report Type: Date of Death Number of Securities: 2 File ID: 1012BN6 Shares or Par Security Description High/Ask Low/Bid Mean &/or Div & Int Security Adj'ments Accruals Value 1) 4948.81 Cash and Cash Equivalents (CASH) 4,948.81 2 ) 8378.237 MELLON FDS TR (58551X678) PA INTR Mli'N M Mutual Fund (as quoted by NASDAQ) 10/23/2006 12.62000 Mkt 12.620000 105,733.35 Total Value: Total Accrual: Total: $110,682.16 $110,682.16 $0.00 Page 1 This report was prQduced with EstateVal, a product of Estate Valuations & Pricing Systems, Inc. If you have questions, please contact EVP Systems at (818) 313-6300 or www.evpsys.com. (Revision 7.0.4)