HomeMy WebLinkAbout02-0088Will RW 21-1
PETITION FOR PROBATE and GRANT OF LETTERS
Estate of. RICHARD N. GILBERT No. 21-02-88
also known as To:
Social Security No 203-10'5860
,Deceased
Register of Wills for the
County of Cumberland in the
Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your petitioner(s) is/are 18 years of age or older and the executor Robert E. Gilbert named in the last will of
the above decedent, dated 5/22/00 and codicil(s) dated
Decedent was domiciled at death in Cumberland County, Pennsylvania with hi__~s last family or principal
residence at 80 Carlisle Road, Newville, PA 17241.
Decedent, then 78 years of age, died August 27, 2001 in Newville, Pennsylvania.
Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted
after execution of the will offered for probate; was not the victim of a killing and was never adjudicated
incompetent:
Decedent at death owned property with estimated values as follows:
(If domiciled in Pa.) All personal property
(If not domiciled in Pa.) Personal property in Pennsylvania
(If not domiciled in Pa.) Personal property in County
Value of real estate in Pennsylvania.
situated as follows: ~c-~(D '~t$~//~//~.,
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented
herewith and the grant of letters TESTAMENTARY thereon.
z
OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
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The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are tree and correct to
the best of my knowledge and belief of petitioner(s) and that as personal representatives) of the above decedent petitioner(s)
will well and truly administer the estate according to law.
Sworn to or affirmed and subscribed
before me this 24th day of
JANUARY 20 02
i/~ / ~// ~Regi~ter '
No 21-02-88
Signature
Estate of RICHARD N. GILBERT, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW, JANUARY 25 , 20 02 in consideration of the petition on the reverse side
hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated
M~Y 22, 2000 described thereto be admitted to probate and filed of record as the last will of RICHARD N.
GILBERT and Letters TESTAMENTARY are hereby granted to
ROBERT E. GILBERT
FEES
Probate, Letters, Etc $ 235.00
Short Certificates ( ) $ 15.00
Renunciation $ 80.00
JCP 5.00
Inv. & Tax Forms $
x-pages 12.00
Commission $
TOTAL $ 347.00
Filed 1-25-2002
Brett B. Weinstein 78665
ATTORNEY (Sup. Ct. I.D. No.)
707 W. Dekalb Pike, Suite 2
King of Prussia, PA 19406
ADDRESS
(610) 337-3733
PHONE
his is to certify that this is a true copy of the record which is on file in the Pennsylvania Division of Vital Records in accordance
with Act 66, P.L. 304, approved by the General Assembly, June 29, 1953.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Robert S. <Zimfinerman, Jr., MPH
Secretary of Health
2331818
No.
21-02-88
Charles Hardester
State Registrar
SEP 1 0 2001
Date
H105.143 R~.
78
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF HEALTH, VITAL
CERTIFICATE OF DEATH
203 -- 10 -- 5860 I~August 27t 2001
Chambersburg ~ Iq ~ [] ~ [] ~ [] "~""~ ~] ~ []
,Dct 18,1 '.PA
.*1~'1
80 Carlisle Road
Newville, PA 17241
William R. Gilbert
~obert Gilbert
,,,Fickes
PA
Cumberland
30, 2001
~ .... ,7=~3y~_~. West Pennsboro
~cis Finkenbinder
~275 Green Hill Road Newville PA 17241
~,. Cumberland Valley '
nc.
15 Big Spring Ave., Newville, PA 17241-
2001
r. YeW}
21-02-88
LAST WILL AND TESTAMENT
(Pour-Over Will)
OF
RICHARD N. GILBERT
IDENTITY
I, RICHARD N. GILBERT, residing in the County of Cumberland, Commonwealth of Pennsylvania,
being of sound mind and memory, and not acting under duress or undue influence of any person
whomsoever, hereby declare this to be my Last Will and Testament, and I do hereby revoke all other former
Wills and Codicils to Wills heretofore made by me. My Social Security Number is 201-10-5860.
DEBTS, TAXES AND ADMINISTRATION EXPENSES
I have provided for the payment of all my debts, expenses of administration of property wherever
situated passing under this Will or otherwise, and estate, inheritance, transfer, and succession taxes, other
than any tax on a generation-skipping transfer that is not a liability of my Estate (including interest and
penalties, if any) that become due by mason of my death, under THE RICHARD N. GILBERT
REVOCABLE LIVING TRUST executed on even date herewith (the "Revocable Trust"). If the Revocable
Trust assets should be insufficient for these purposes, my Executor shall pay any unpaid items from the
residue of my Estate passing under this Will, without any apportionment or reimbursement. In the
alternative, my Executor may demand in a writing addressed to the Trustee of the Trust an amount necessary
to pay all or part of these items, plus claims, pecuniary legacies, and family allowances by court order.
PERSONAL AND HOUSEHOLD EFFECTS
It is my intent that all my personal and household effects were transferred to the Revocable Trust
as a result of the Declaration of Intent signed this date. If there are any questions regarding the ownership
or disposition of these assets, it is my desire that such assets pour into the Revocable Trust, signed by me this
date in accordance with the provisions of the section titled "Residue of Estate."
RESIDUE OF ESTATE
I give, devise and bequeath all the rest, residue and remainder of my property of every kind and
description (including lapsed legacies and devices), wherever situated and whether acquired before or after
the execution of this Will, to the Trustee under that certain Trust executed by me on the same date of the
execution of this Will. The Trustee shall add the property bequeathed and devised by this item to the corpus
of the above described Trust and shall hold, administer and distribute said property in accordance with the
provisions of the said Trust, including any amendments thereto made before my death.
If for any reason the said Trust shall not be in existence at the time of death, or if for any reason a
court of competent jurisdiction shall declare the foregoing testamentary disposition to the Trustee under said
Trust as it exists at the time of my death to be invalid, then I give all of my Estate including the residue and
remainder thereof to that person who would have been the Trustee under the Trust, as Trustee, and to their
substitutes and successors under the Trust, described herein above, to be held, managed, invested, reinvested
POUR-OVER WILLS
Page I
and distributed by the Trustee upon the terms and conditions pertaining to the period beginning with the date
of my death as are constituted in the Trust as at present constituted giving effect to amendments, if any,
hereafter made and for that purpose I do hereby incorporate such Trust by reference into this my Will.
EXECUTOR
I hereby nominate and appoint .... '_- -- ~ _.
my Last Will and Testament.
to serve without bond as my Executor of this
In the event the first named Executor shall predecease me or is unable or unwilling to act as my
Executor for any reasons whatsoever, then and in that event, I hereby nominate and appoint JANET
CONOVER to serve without bond as my Independent Executor.
Whenever the word "Executor" or any modifying or substituted pronoun therefore is used in this my
Will, such words and respective pronouns shall be held and taken to include both the singular and the plural,
the masculine, feminine and neuter gender thereof, and shall apply equally to the Executor named herein and
to any successor to substitute Executor acting hereunder, and such successor or substitute Executor shall
possess all the rights, powers, duties, authority, and responsibility conferred upon the Executor originally
named herein.
EXECUTOR POWERS
By way of Illustration and not of limitation and in addition to any inherent, implied or statutory
powers granted to executors generally, my Executor is specifically authorized and empowered with respect
to any property, real or personal, at any time held under any provision of this my Will: to allot, allocate
between principal and income, assign, borrow, buy, care for, collect, compromise claims, contract with
respect to, continue any business of mine, convert, deal with, dispose of, enter into, exchange, hold, improve,
incorporate any business of mine, invest, lease, manage, mortgage, grant and exercise options with respect
to, take possession of, pledge, receive, release, repair, sell, sue for, make distributions in cash or in kind of
partly in each without regard to the income tax basis of such asset and in general, exercise all of the powers
in the management of my Estate which any individual could exercise in the management of similar property
owned in its own right upon such terms and conditions as to my Executor may seem best, and execute and
deliver any and all instruments and do all acts which my Executor may deem proper or necessary to carry
out the purpose of this my Will, without being limited in any way by the specific grants or power made, and
without the necessity of a court order.
My Executor shall have absolute discretion, but shall not be required, to make adjustments in the
rights of any Beneficiaries, or among the principal and income accounts to compensate for the consequences
of any tax decision or election, or of any investment or administrative decision, that my executor believes
has had the effect, directly or indirectly, of preferring one Beneficiary or group of Beneficiaries over others.
In determining the Federal Estate and Income Tax liabilities of my Estate, my Executor shall have discretion
to select the valuation date and to determine whether any or all of the allowable administration expenses in
my Estate shall be used as Federal Estate Tax deductions or as Federal Income Tax deductions.
POUR-OVER WILLS
Page 2
(Testator)
SPECIFIC OMISSIONS
I have intentionally omitted any and all persons and entities from this, my Last Will and Testament,
except those persons and entities specifically named herein. If any person or entity shall challenge any term
or condition of this Will, or of the Living Trust to which I have made reference in the sections "Household
and Personal Effects" and "Residue of Estate," then, to that person or entity, I give and bequeath the sum of
only one dollar ($1.00) only in lieu and in place of any other benefit, grant, bequest or interest which that
person or interest may have in my Estate or the Living Trust and its Estate.
SIMULTANEOUS DEATH
If any other Beneficiary should not survive me for sixty (60) days, then it shall be conclusively
presumed for the purpose of this my Will that said Beneficiary predeceased me.
RICHARD N. GILBERT
Testator
This instrument consists of 5 typewritten pages, including the Attestation Clause, Self-Proving
Clause, signature of Witnesses, and acknowledgment of officer. I have signed my name at the bott~ of each
of the prec_eding pages. This instrument is being signed by me on this ,~.,-46 day of
ot -ow w [[s 6¢
Page 3 (Testator)
ATTESTATION CLAUSE
The Testator whose name appears above declared to us, the undersigned, that the foregoing
instrument was his Last Will and Testament, and he requested us to act as witnesses to such instrument and
to his signature thereon. The Testator thereupon signed such instrument in our presence. At the Testator's
request, the undersigned then subscribed our names to the instrument in our own handwriting in the presence
of the Testator. The undersigned hereby declare, in the presence of each of us, that we believe the Testator
to be of sound and disposing mind and memory.
Signed by us on the same day and year as this Last Will and Testament was signed by the Testator.
WITNESSES:
(Printed Name of Witness)
ADDRESSES:
(Printed Name of Witness)
POUR-OVER WILLS
Page 4
(Testator)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SELF-PROVING CLAUSE
~'~--~"~aL~' BEFORE ME_the undersigned authoriW,_~__on this day personally appeared RICHARD N. GILBERT,
ff],/~o,.fS~'r~- and /,~/~__x~t )z~../_~.,~._q,$~ , known to me to be the
Testator and the' witne'' sses, respectively, whose names are subscribed to the foregoing instrument in their
respective capacities, and all of them being by me duly sworn, RICHARD N. GILBERT, Testator, declared
to me and to the witnesses, in my presence, that the instrument is his Will and that he had willingly made and
executed it as his free act and deed for the purposes therein expressed; and the Witnesses, each on his or her
oath, stated to me in the presence and hearing of the Testator, that the Testator had declared to them that the
instrument is his Will and that he executed the same as such and wanted each of them to sign it as a witness;
and upon their oaths, each witness stated further that he did the same as a witness in the presence of the
Testator, and at his request and that he was at that time eighteen (18) years of age or over and was of sound
mind, and that each of the witnesses was then at least fourteen (14) years of age.
RICHARD N. GILBERT
Testator
Witness
(Printed Name of Witness)
(Printed Name of Witness)
SUBSCRIBED AND ACKNO}N.~EDGED before,me by RICHARD_BI. GILBERT, T~estator, and
subscribed and sworn to beofo, cr~{/rne by(-~a~¢ ~g} ~. ~J'~,~'T ancl~/,otc~_2~',~.J/~,£d'ff'~_ ,
witnesses, this the 5~,<~o4'-- day of .,//.~/~/t~/ ,c-xP~d~. ' /
N(o~a~la~b 1 ic~>~,9:m~we alt~55ff Pen n sylvan'h
Po,Ju-oveu WILLS
Page 5 (Testator)
21-02-88
RENUNCIATION
In Re Estate of
RICHARD N. GILBERT
., deceased.
To the Register of Wills of Cumberland County, Pennsylvania.
The undersigned 5' /f' .J~-~.. ~. ' of the above
decedent, hereby renounce(s) the right to administer the estate and respectfully ask(s) that
Letters Testamentary
be issued to ,~0/,~ £ '7- ~--~
WITNESS hand this .2~ ~ day of
Sworn to or affirmed and subscribed
_~ffore me this~_~ day of
.e t;C Pt/O¢ F----, 20~/
"Deputy ~/~ter
d Lehman Notary PubliC
(Signatur~)
(Address)
(Si~amre)
(Address)
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21-02-88
RENUNCIATION
In Re Estate of
RICHARD N. GILBERT
deceased.
To the Register of Wills of ~umber~and County, Pennsylvania.
/7 I /
The undersigned C(:X;o~~, ' ~' of the above
decedent, hereby renounce(s) the right to admin~er the bstate and respectfully ask(s) that
Letters Testamentary
be issued to - I~o~,c ~
WITNESS i'mo hand this oD~ day of
Sworn to or affirmed and subscribed
Before me this c~ q~h day of__
-r'j~ e~ ~ ,20oi
Deputy Register ~)~)
Notarial Seal
Teresa D. Stouffer, Notary Public
Carlisle Boro, Cumberland County
My Commission F.~xpims Suly 26, 2004
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(Signat~)
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(A~dress),
(Ad.ess)
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21-02-88
RENUNCIATION
In Re Estate of
RICHARD N. GILBERT
, deceased.
To the Register of Wills of Cun'l~rland _ County, Pennsylvania.
The undersigned /'~. C.~/ the above
decedent, hereby renounce(s) the right to administer the estate and respectfully ask(s) that
Letters Testamentary
b~ ~ssu~d to ~~&~ /
WITNESS ~t~hand this ~(.-~'~day of
Sworn to or affi .rm, e,~! and subscribed
Before me this iC~>' day of
~~ ,20t:~l_
(~n'fiture')
(Address)
~i~at~e)
(Ad~ss)
21-02-88
RENUNCIATION
In Re Estate of
RICHARD N. GILBERT
, deceased.
To the Register of Wills of Cumberland County, Pennsylvania.
The undersigned z~"~ ~~ of the above
decedent, hereby renounce(s) the rig~' to' administer the estate and respectfully ask(s) that
Letters
be issued to
WITNESS
Testamentary
~hand this ,yTAday of
Swom to or affirmed and subscribed
Before me this
,20
,20~/.
day of ~D~
(Signature)
21-02-88
RENUNCIATION
In Re Estate of
RICHARD N. GILBERT
, deceased.
To the Register of Wills of Cumberland County, Pennsylvania.
The undersigned ~ ,.~../zTZ~ of the above
decedent, hereby renounce(s) tl-~ right t¢'hc~minist[-r the estate and respectfully ask(s) that
Letters Testamentary
be issued to
WITNESS//i · hand this ~,-~ day of
,20.__o_o~
Sworn to or affirmed and subscribed
Before me this ~ t,t,. day otZi~C ·
-e ,,c',~b---,C ,20 o~
.] Deputy Register
-'-- Notar,*a~ $oal ]
ut!~ D~ Coki~;mitb No.v4 ~1~1~ I
LZ'" "*' ............ :.,. ~:x~o,:~a ou~y .2.4, ~ !
IV.. , lC~.,.,., ,, ,.,~ ./,a, ,la..~,~,@~a~o~ ol'Nt~ar[~9
/ (Signature)
(Address)
(Si~~
21-02-88
RENUNCIATION
In Re Estate of
RICHARD N. GILBERT
, deceased.
To the Register of Wills of Cumberland County, Pennsylvania.
The undersigned ~ ~' ~ of the above
decedent, hereby renounc~(s~he right to administer the estate and respectfully ask(s) that
Letters Testamentary
WITNESS handthis '~ dayof /)e_ c ~. ,~, Z ~_v- ,200./
Sworn to or affirmed and subscribed
Before me this F day of
Deputy Register
(Signature)
(Address)
(Signature)
(Address)
21-02-88
RENUNCIATION
In Re Estate of
RICHARD N. GILBERT
, deceased.
To the Register of Wills of Cumberland County, Pennsylvania.
The undersigned . of the above
decedent, hereby renounce(s) the righ~r6~adrninister the estate and respectfully ask(s) that
Letters
be issued to
WITNESS
Testamentary_
hand this
~gnature) /
~A~ldress~
(Signature)
.. day of
Swom to or affirmed and subscribed
Before me this ,~g-~ day of
,200~
_ANDREA A.
21-02-88
RENUNCIATION
In Re Estate of
RICHARD N. GILBERT
, deceased.
To the Register of Wills of Cumberland County, Pennsylvania.
The undersigned ~/57/f.-~/~_ ~, ~~ ofthe above
decedent, hereby renounce(s) t~e r[gl~t to administer th~o~iate and respectfully ask(s) that
Letters Testamentary
be issued to :'f~-.~Z
WITNESS hand this ~ day of
,2 0
Sworn to or affirmed and subscribed
Before me this ~o day of
~uty Register~
I'" NOTARIAL SEAL
JUDITH D. KAUFFMAN, Notary Public
Borough of Carlisle, Cumberland County
My Commission Expires March 10.
(Signature)
701 C
(Signature)
(Address)
170/3
!;.::'?' 0
21-02-88
RENUNCIATION
In Re Estate of
RICHARD N. GILBERT
, deceased.
To the Register of Wills of Cumberland County, Penn.sylvania.
The undersigned ~t~~~_~,~ ofthe above
decedent, hereby renounce(s) the right t~( admin~ter (he estate and respectfully ask(s) that
Letters Testamentary
beissuedto ]~O~i~ ~. ~t'/~e/~'-
WITNESS hand this /~day of ~)~ ~/T] ~
,200_/.
Swom to or affirmed and subscribed
BEfore me this /~ day of
--, 1~ ~' &,;~5~. ~ ~RY PUBLIC I
~ / ~, s~,~ o~ ~,zo~
~ ~ ~ :~.~ Yavapai County
I
:~ SUE JONES
[ Mv Commission Expires November 4, 20~
(Address) ~'~ 50 ::5
(Signature)
(Address)
Z
21-02-88
RENUNCIATION
In Re Estate of
RICHARD N. GILBERT
, deceased.
To the Register of Wills of Cumberland County, Pennsylvania.
/'7
The undersigned ~{~~ d' ~~ of the above
decedent, hereby renounce(s) the right to administer the estate and respectfully ask(s) that
Letters Testamentary
be issued to
WITNESS hand this /~ day of
or a~fifrmed~d subscribed
Before me this /~ day of
19t ,6 <
I:)el~m K. K~uflman, lYot8~ Public
2XOc,~.ra,.-' ~,,~? , ,20 O__t
¢/ ~(Signature) w,t,o~63
(Address)
21-02-88
RENUNCIATION
In Re Estate of
RICHARD N. GILBERT
, deceased.
To the Register of Wills of Cumberland County, Pennsylvania.
The undersigned .4 ~ of the above
decedent, hereby renounqf~s) the right to administer the estate and respectfully ask(s) that
Letters
be issued to
Testamentary
WITNESS hand this /O day of .~ -
Swom to or affirmed and subscribed
B~r~emethis /0 dayof__
,200{
NOTARIAL SEAL
JUDITH D. KAUFFMAN, Nota~j Public
Borough of Carlisle, Cumberland Courtly[
My Commission Expires March 10, 200~
(Signature)
(Ad.ess)
(Si~ature)
7o/d_
(Address)
21-02-88
RENUNCIATION
In Re Estate of
RICHARD N. GILBERT
, deceased.
To the Register of Wills of Cumberland County, Pennsylvania.
The undersigned '~t~ ,~. ~'/r~-~.~ of the above
decedent, hereby renounce(s) the right to administer the estate and respectfully ask(s) that
Letters
be issued to
WITNESS
Testamentary
., 20
- Deputy~gis-ter-
day __ ., 20p___/.
Sworn to or affirm,egl,~gnd subscribed ~~F_A~ f'~(~J~0,~
Before me this Iq"" day of ~.P_tlI'0..12dJL, (Signa6h'e)
(Address)
(Signature)
(Address)
..T t,, o o t
21-02-88
RENUNCIATION
In Re Estate of
RICHARD N. GILBERT
, deceased.
To the Register of Wills of Cumberland County, Pennsylvania.
The undersigned .~~-,~ ~~~~ of the above
decedent, hereby renounee(~) the rigl~/~adminis-te~'~state an~'~-e~pectfully ask(s) that
Letters Testamentary
be issued to
WlTNES .~~and this c2} 9~ day of
,2o9_/
Swom to or affirmed and subscribed
Before me this o7/,5~ day of ~
,200 I
Deputy ~-~gister
MY COMMISSION EXPIRES:
JUNE 16, 2005
(Signature) o
(Address)
(Signature)
(Ad.ess)
21-02-88
RENUNCIATION
In Re Estate of
RICHARD N. GILBERT
, deceased.
To the Register of Wills of Cumberl _ag&. ~. Co~.ty, Pennsylvania.
The undersigned' ' ~/~/~ ~ of the above
decedent, hereby renounce(s) the right td-a[lminister the estate and respectfully ask(s) that
Letters
be issued to
WITNESS
Sworn to or affirmed and subscribed
Before me this ~ th day of
,20 08-, ~
Deputy Regisfer
~- NOTAFIIAL SEAL I
I paen ~wp., t;umberland Co~I~,
L~ COmmission Expires Sept. 30; 2004
Testamentary_
handthis ~3~h day
or ,2o g
(Si~e)
(Ad.ess)
(Signature)
(Address)
z
o> C)
21-02-88
RENUNCIATION
In Re Estate of
RICHARD N. GII3qERT
, deceased.
The undersigned -Je~4~ £.ColLee~ ~~/~ oftheabove
decedent, hereby renounce(s) the right to ad~inispr the e~,atX(e anaV~-espectfully ask(s) that
Letters Testamentary
be issued to '~oB~.KT- ~. GILgEk::q-
WITNESS R~hand this ]z~ day of
Sworn to or affirme~and subscribed
Before me this [/n~ day of
],~e~/~t,,r- ,20 O!
Deputy Re~ster
Notlflll Seal
least Penn~l~m 1Wa., Ou_?e
[My commission
~lember, PennsylVania hssoCiall,;.-, Ot Noiaflo~
(Signature)
,200/.
(Signaturcty --' /
t-/ i l /o'es P Ou rf , tI p~ . ~Ll ~ Ce, mpH~ll P,4 I"/a~i
(Address)
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
DEPT. 280601
HARRISBURG, PA 17128-0601
RECEIVED FROM:
PENNSYLVANIA
INHERITANCE AND ESTATE TAX
OFFICIAL RECEIPT
NO.
REV-1162 EX(11-96)
CD O01168
ROBERT E GILBERT
275 GREEN HILL ROAD
NEWVILLE, PA 17241
........ fold
ESTATE INFORMATION: SSN: 203-10-5860
FILE NUMBER: 2102-0088
DECEDENT NAME: GILBERT RICHARD N
DATE OF PAYMENT: 05/10/2002
POSTMARK DATE: 00/00/0000
COUNTY: CUMBERLAND
DATE OF DEATH: 08/27/2001
ACN
ASSESSMENT
CONTROL
NUMBER
AMOUNT
101 $17,660.00
REMARKS:
ROBERT E GILBERT
TOTAL AMOUNT PAID'
7,660.00
SEAL
CHECK# 110
INITIALS' SK
RECEIVED BY:
MARY C. LEWIS
REGISTER OF WILLS
REGISTER OF WILLS
CERTIFICATION OF NOTICE UNDER RULE 5.7
Name of Decedent:
Richard N. Gilbert
Date of Death: 8/27/01
File Number: 091 - ETr~- ~'
To the Register:
I certify that notice of estate administration required by Rule 5.7(a) oftheOrphans' Court Rules was served on or mailed
to the following beneficiaries of the above-captioned estate on ~/~/0~. .
SalBe
Address
Robert E. Gilbert
Mark W. Gilbert
William C. Gilbert
Har _ry K. Gilbert, Jr.
Richard L. Gilbert
Larry E. Gilbert
John E. Gilbert
Eddie A. Gilbert
John K. Gilbert
Lester K. Gilbert
David R. Gilbert
Helen Luella Hahn
Carol A. Jimper
Jerry_ Lynn Gilbert
Donna Re Stouffer
Ray Lee Gilbert
Lois Jean Burkholder
275 Green Hill Road, Newville, PA 17241-9547
231 Bosler Avenue, Lemoyne, PA 17043
712 Cumberland Avenue, Chambersburg, PA 17201
413 Sea Island Drive, Vicksburg, MS 39183
P.O. Box 75282, Fairbanks, AK 99707
400 White Spar, Prescott, AZ 86303
517 E. High Street, Elizabethtown, PA 17022
10149 Carlton Parkway, Waxahachie, TX 75165
141 Steeltown Road, Newville, PA 17241
2698 Foxianna Road, Middletown, PA 17057
612 Range End Road, Lot 56, Dillsburg, PA 17019
140 Center Road, Newville, PA 17241
1 Chestnut Street, Newville, PA 17241
26 Chestnut Street, Newville, PA 17241
292 Steelstown Road, Newville, PA 17241
P.O. Box 87, Aledo, TX 76008
54 Oak Flat Road, Newville, PA 17241
Notice has now been given to all persons entitled thereto under Rule 5.7 (a) except:
Date:
Capacity:__
Rev. 1/2000
Personal Representative
X Counsel for Personal Representative
Signature ._~_,,_~ ~_~~
Name Brett B. Weinstein, Esq.
Address 700 W. Dekalb Pike, Suite 2
King of Prussia, Pennsylvania 19406
Telephone: (610) 337-3733
BUREAU OF INDIVIDUAL TAXES
TNHERTTANCE TAX DX¥/SZON
DEPT. 280601
HARRTSBURG, PA 17128-G601
'O2
BRETT B WEINSTETN ESQ
WEINSTEIN LAW OFFICES
707 W DEKAL. PK STE~:~ -
KNG OF PRUSSIA PA ~(~6
CONHONWEALTH OF PENNSYLVANIA
DEPARTNENT OF REVENUE
NOTICE OF INHERITANCE TAX
APPRAZSEHENT, ALLONANCE OR DZSALLONANCE
OF DEDUCT/OHS AND ASSESSHENT OF TAX
REV-15~7 EX &FP Cnl-O~)
DATE 06-24-2002
ESTATE OF GILBERT
DATE OF DEATH 08-27-2001
FILE NUHBER 21 02-0088
COUNTY CUHBERLAND
ACN 101
I Amount Remittod
RICHARD
HAKE CHECK PAYABLE AND REHZT PAYNENT TO:
REGISTER OF WILLS
CUHBERLAND CO COURT HOUSE
CARLISLE, PA 17015
CUT ALONG THIS L/NE I.~ RETATN LOWER PORT/ON FOR YOUR RECORDS "4
REV-1547 EX AFP (:01-0:)) NOT/CE OF INHERITANCE TAX APPRAZSEHENT, ALLOWANCE OR
DISALLOWANCE OF DEDUCTIONS AND ASSESSHENT OF TAX
ESTATE OF GILBERT RICHARD N FTLE NO. 21 02-0088 ACN 101 DATE 06-24-Z002
TAX RETURN NAS: { X} ACCEPTED AS FTLED ( } CHANGED
RESERVATTON CONCERNING FUTURE INTEREST - SEE REVERSE
APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN
1. Real Estate (Schedulo A) (1)
2. Stocks and Bonds (Schodule B) (2)
3. Closely Hold Stock/Partnership Zntorost (Schedule C) (3)
q. Hortgages/No~es Reco/vable (Schedule D} (q)
$. Cash/Bank Depos/ts/Hisc. Personal Property (Schedule E) ($)
6. Jointly O~nod Property (Schedule F) (6)
7. Transfers (Schedule G) (7)
8. To*al Assets
APPROVED DEDUCTIONS AND EXEHPTZONS:
9. Funeral Expenses/Adm. Costs/H/sc. Expenses (Schedule H) (9)
10. Debts/Hortgage LLab/litios/Lions (Schedule Z) (10)
11. TotaZ Deductions
12. Net Value of Tax Return
5;056.00
.00
15~186.00
.00
.00 NOTE: To insuro proper
credit to your account,
subm/t the upper port/on
.00 of th/s form wi~h your
tax payment.
109~875.00
(8)
11,26Z.00
1.102.00
(11)
(12)
130,097.00
12.3&4-00
117,733.00
15.
lq.
NOTE:
ASSESSHENT OF TAX:
15. Aeoun'l: of Line lq mt Spousal rata
16. Amount of L/nm lq texmbXe at LinoaX/Class A rate
17. Amount of Lin~ lq at Sibling ra~e
18. A,oun~ of Line lq ~axable a~ Collateral/Class B ra~e
19. Principal Tax Due
TAX CREDITS:
PAYHENT RECEIPT D/SCOUNT (+)
DATE NUHBER /NTEREST/PEN PAID (-)
05-10-2002 CD001168 .00
Chmr/tabXa/Governmental Bequests; Non-eXec*ed 911:5 Trusts (Schedule J) (1:5)
Net VaZue of Es~a~o Subjec~ ~o Tax (lq)
I~ an assessment vas $ssued prev$ously, lSnes 14, 15 and/or 16, :17,
reflect figures that include the total of ALL returns assessed to date.
(15) .00 X 00 =
(16). .00 X 045=
(17) .00 X ZZ =
(18) 117,733.00 X 15 =
(19)=
AHOUNT pATD
17,660.00
IF PAID AFTER DATE INDICATED, SEE REVERSE
FOR CALCULATION OF ADD/TIONAL INTEREST.
.00
117,733.00
18 and 19 Nill
.00
.00
.00
17,660.00
17,660.00
TOTAL TAX CREDIT
BALANCE OF TAX DUE
INTEREST AND PEN.
TOTAL DUE
17,660.00.00.00.00
( IF TOTAL DUE ZS LESS THAN $1, NO PAYHENT IS RE~UZRED.
ZF TOTAL DUE ZS REFLECTED AS A "CREDIT" (CR), YOU NAY BE DUE
A REFUND. SEE REVERSE SIDE OF THIS FORH FOR INSTRUCTIONS.)
RESERVATION:
Estates of decedents dying on or before Dacember 11, 1981 -- if any future interest in tha estate is transfarred
in possession or enjoyment to Class 5 (collateral) banaficiarias of the decedent after tha expiration of any estate for
life or for years, the Commonwealth hereby expressly reserves the right to appraise and assess transfer [nharitanca Taxes
at tha lawful Class B (collataral) rate on any such futura interest.
PURPOSE OF
NOT[CE:
PAYHENT:
REFUND (CR):
OBJECTIONS:
ADRIN-
ISTRATIVE
CORRECTIONS=
DISCOUNT:
PENALTY:
INTEREST:
To ~ulfill tho raquiraasnts of Section ZlqO of tha Inheritance and Estate Tax Act, Act Z$ of ZOO0. (72 P.S.
Section 91q0).
Detach the top portion of this Notice and submit with your payaant to the Register of Hills printed on tha reverse side.
--Hake check or money order payable to: REGISTER OF #lLLS~ AGENT
A refund of a tax credit, which was not requested on the Tax Return, may bo requested by completing an "Application
for Refund of PannsyXvania Inheritance and Estate Tax" (REV-IS13). Applications ara avaiXabXa at the Offica
of tha Register of Rills, any of the 25 Revenue District Offices, or by calling the special gA-hour
anseering service for forms ordering: 1-eoo-361-ZOSg; services for taxpayers with special hasting and / or
spaeking needs: 1-80g-4qT-3020 (TT only).
Any party in interest not satisfied eith the appraisamant, allowance, or disallowance of daductions, or assessment
of tax (including discount or intarest) es shown on this Notice must object within sixty (60) days of receipt of
this Notice by:
--written protest to the PA Department of Revenue, Board of Appeals, Dept. Z81011, Harrisburg, PA 17lie-lOll, OR
--election to have the matter determined at audit of the account of the personal representative, OR
--appeal to the Orphans' Court.
Factual errors discovered on this assessment should be addressed in writing to: PA Department of Revenue,
Bureau of Individual Taxes, ATTN: Post Assessment Review Unit, Dept. Z8060I, Harrisburg, PA I7118-0601
Phone (717) 787-6505. See page S of tha booklet "Instructions for Inheritance Tax Return for a Resident
Decedent" (REV-1501) for an axplanation of administratively correctable errors.
Xf any tax due is paid within three ($) calendar months altar the decedsnt's death, a five percent (5Z) discount of
the tax paid is allowed.
Tha 15X tax amnesty non-participation penalty is computed on the total of the tax and interest assassad, and not
paid before January 18, 1996, tha first day after the and of the tax amnesty period. This non-participation
panaXty is appealable in tha same manner and in the the same time period as you would appeal the tax and interest
that has been assessed as indicated on this notice.
Interest is charged beginning with first day of delinquency, or nine (9) months and one (13 day from the date of
daath, to the date of payment. Taxes which became delinquent before January 1, 1981 bear interest at the rate of
six (6Z) percent par annum calculated at a daily rate of .000164. AXX taxes which became daZJnquent on and after
January 1, 198Z will bear interest at a rate which will vary from caIandar year to calendar year with that rate
announced by the PA Department of Revenue. The applicable interest rates for 1981 through ZOOZ ara:
Year Interest Rate Daily Interest Factor Year Interest Rate Daily Interest Factor
1981 201 .000548 1991 91 .000247
1983 16Z .000458 1995-1994 7Z .000192
1984 112 .000501 1995-1998 9Z .000247
1985 131 .000556 1999 7Z .000192
1986 101 .000274 ZOO0 81 .000119
1987 91 .000247 ZOO1 91 .000147
1988-1991 111 .000301 2002 61 .000164
--Interest is calculated as follows:
INTEREST = BALANCE OF TAX UNPAID X NUHBER OF DAYS DELINQUENT X DALLY INTEREST FACTOR
--Any Notice issued after the tax becomes delinquent will reflect an interest calculation to fifteen (15) days
beyond the date of the assessaent. If payment is made after the interest computation date shown on the
Notice, additional interest must bo calculated.
REV- 150~EX (6-00)
COMMONVVEALTH OF
PENNSYLVANIA
DEPARTMENT OF REVENUE
DEPT. 280601
HARRISBURG, PA 17128-0601
OFFICIAL USE ONLY
REV-1500
INHERITANCE TAX RETURN
RESIDENT DECEDENT
I--
z
0
c~
DECEDENTS ~ME(~ST, FIRST, ANDMIDDLEINITIAL)
RICHARD N. GILBERT
DATE OFD~(M~DD-YEAR) DATE OFBIR~(MM-DD-YEAR)
10-18-1922
08-27-2001
(IFAPPLICABLE)SURVI~NGSPOUSE'SNAME(~ST, FIRST, ANDMIDDLEINITIAL)
COUNTY CODE YEAR NUM6ER
SOCIAL SECURITY NUMBER
203-10-5860
THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
SOCIAL SECURITY NUMBER
I X I 1. Original Return ~] 2. Supplemental Return ~ 3. Remainder Return (date of death pdor to 12-13-82)
~ 4. Limited Estate ~-~ 4a. Futura Interast Compromise (date of death after 12-12-82) [---] 5. Federal Estate Tax Return Requirad
~-~ 6. Decedent Died Testate (Attach copy of W~II) ~-~ 7. Decedent Maintained a Living Trust (Attach copy of Trust) L 8. Total Nu tuber of Safe Deposit Boxes
~ 10. Spousal Poverty Cradit (date of death between 12-31-91 and 1-1-95) r'~ 11. Election to tax under Sec. 9113(A) (Attach $~h O)
~-]9. Litigation Proceeds Received
NAME
BRETT B. WEINSTEIN,
FIRM NAME (If Applicable)
WEINSTEIN LAW OFFICES
TELEPHONE NUMBER
(610} 337-3733
1. Real Estate (Schedule A)
2. Stocks and Bonds (Schedule B)
COMPLETE MAILING ADDRESS
ESQ.
10,
11.
12.
13.
14.
15.
16,
18.
20.
707 WEST DEKALB PIKE
SUITE #2
KING OF PRUSSIA~ PA
(1)
(2)
Closely Held Corporation, Partnership or Sole-Proprietorship (3)
Mortgages & Notes Receivable (Schedule D) (4)
Cash, Bank Deposits & Miscellaneous Personal Property
(Schedule E) (5)
J~ Owned Property (Schedule F) (6)
L~l Separate Billing Requested
Inter-Vivos Transfers & Miscellaneous Non-Probate Property (7)
(Schedule G or L)
Total Gross Assets (total Lines 1-7)
Funeral Expenses & Administrative Costs (Schedule H) (9)
Debts of Decedent, Mortgage Liabilities, & Liens (Sc~edulel) (10)
Total Deductions (total Lines 9 & 10)
Net Value of Estate (Line 8 minus Line 11)
Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been
made (Schedule J)
5,036
15,186
109,875
(8)
11,262
1,102
(11)
(12)
(13)
130,097
Net Value Subject to Tax (Line 12 minus Line 13)
(14)
SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES
12t364
117,733
117,733
Amount of Line 14 taxable at the spousal tax
rate, or transfers under Sec. 9116 (a)(1.2)
Amount of Line 14 taxable at lineal rate
Amount of Line 14 taxable at sibling rate
Amount of Line 14 taxable at collateral rate
Tax Due
117,733
x .0 (15)
x .0 __ (16)
x ,12 (17)
x .15 ~18)
(19)
17~ 660
17~ 660
· TO ANSWER ~LQUES~iONS ~ REVERSE SiDE AND RECHECK MATH < <
1W4645 1.000
Decedent's Complete Add ress:
S33~EET,N:)DRESS
80 CARLISLE ROAD
CI~
NEWVILLE
Tax Payments and Credits:
1. Tax Due (Page 1 Line 19)
2. Credits/Payments
A. Spousal Poverty Credit
B. Prior Payments
C. Discount
STATE
IZIP
17241
Interest/Penalty if applicable D. Interest
E. Penalty
Total Credits (A + B + C) (2)
Total Interest/Penalty (D + E) (3)
(1) 17.660
4. If Line 2 is greater than Line 1 + Line 3. enter the difference. This is the OVERPAYMENT.
Check box on Page l Line 20 to request a refund
(4)
5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE.
(5) 17,660
A. Enter the interest on the tax due.
(5A)
B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (5B) 17,660
Make Check Payable to. REGISTER OF WILLS, AGENT
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS
1. Did decedent make a transfer and: Yes No
a. retain the use or income of the property transferred; ....................... [] r-~
b. retain the right to designate who shall use the property 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? ............................ [~ ~
3, Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? [] ~
4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which
contains a beneficiary designation? ................................ F'-'} ~
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN.
Under penalties of 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 p~sonal representative is based on all information of which preparer has any knowledge.
AD, DRESS '
DATE
!
DATE
ADDRESS
CLAIRMONT, PACIELLO & CO., P.C., 250 TANGLEWOOD LANE, KING OF PRUSSIA, PA 19406
For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 3%
[72 P.S. § 9916 (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 su~iving spouse is 0% [72 P.S. § 9116 (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 0% [72 P.S. § 9116(a)(1.2)].
The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5%, except as noted in 72 P.S. § 9116(1.2) [72 P.S. § 9116(a)(1 )].
The tax rate imposed on the net value of transfers to 0~' for the use of the decedent's siblings is 12% (72 P,S. § 9116(a)(1.3)]. A sibling is defined, under Section 9102, as an
individual who has at least one parent in common with the decedent, whether by blood or adoption.
1W4646 1.000
REV-15~ EX + (1-97)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE B
STOCKS & BONDS
ESTATE OF FILE NUMBER
RICHARD N. GILBERT
AIl propert Jointly-owned with right of survivomhip must be disclosed on Schedule F.
ITEM VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
1. 271 SHARES ACNB CORPORATION - PUBLICLY TRADED - MSNBC QUOTES
HIGH = $18.60 LOW = $18.00 MEAN = $18.30
2o
4 SHARES AT&T CORPORATION - PUBLICLY TRADED - MSNBC QUOTES
HIGH = $19.50 LOW = $19.06 MEAN = $19.28
TOTAL (Also enter on line 2, Recapitulation) $
4,959
77
5~ 036
(If more space is needed, insert additional sheets of the same size)
1W4696 1.000
· REV-1508 EX + (1-97)
COMMONVVEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE E
CASH, BANK DEPOSITS, & MISC.
PERSONAL PROPERTY
ESTATE OF FILE NUMBER
RICHARD N. GILBERT
Include the proceeds of litigation and the date the proceeds were received by the estate. Ail property jointly-owned with the right of survivorship must be disclosed on Schedule F.
ITEM VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
2.
3.
4.
5.
6.
7.
8.
9.
11.
1989 CADILLAC DEVILLE COUPE - 54,502 MILES - SALES PRICE 2/18/02
1989 CHEVROLET S10 PICKUP W/LONG BED - 50,000 MILES - SALES PRICE
AUCTION OF PERSONAL PROPERTY - RAILOC COMPANY, INC-SEE ATTACHED
UNITED STATES TREASURY - REFUND OF FEDERAL INCOME TAXES
AAA of PA - REFUND OF MEMBERSHIP FEE
AMERICAN LEGION - DEATH BENEFIT
AMERICAN LEGION HOME ASSOCIATION - DEATH BENEFIT
COMCAST - REFUND OF CABLE SERVICES
MUTUAL OF OMAHA - REFUND OF PREMIUM
MUTUAL OF OMAHA - REFUND OF PREMIUM
DISCOVER CARD SERVICES - REFUND
TOTAL (Also enter on line 5, Recapitulation)
4,250
1,800
8,345
111
16
100
100
7
54
360
43
15, 186
(If more space is needed, insert additional sheets of the same size)
REV-1510 EX + (1-97)
COMMONVVEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE G
INTER-VIVOS TRANSFERS &
MISC. NON-PROBATE PROPERTY
ESTATE OF
RICHARD N GILBERT
FILE NUMBER
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.
DESCRIPTION OF PROPERTY %OF
ITEM ~NCLUD~ ~E NAME OF THE ~FEREE, THEIR RE~nONSHIP TO OECE~NT KD THEDATE OF DATE OF DEATH DECUS EXCLUSION TAXABLE VALUE
NUMBER TRANSFER. A~H A ~ OF THE DEED FOR RE~ ESTATE. VALUE OF ASSET INTEREST (IF ~PU~BLE)
1. DECEDENT WAS SETTLOR OF A REVOCABLE LIVING
TRUST CREATED IN JUNE 2000. THE TRUST NOW
TERMINATES AND DISTRIBUTES TO BENEFICIARIES.
THE ASSETS AT DATE OF DEATH WERE:
DECEDENT'S PERSONAL RESIDENCE LOCATED AT
80 CARLISLE ROAD, WEST PENNSBORO TWP.,
CUMBERLAND CO., PA PARCEL 46-20-1758-005
BIG SPRINGS HEIGHTS-VALUED USING
SETTLEMENT SHEET DATED 3/29/02 90,000
EXPENSES OF SALE -6,132
F & M TRUST MM ACCOUNT %70-64411 13,108
ADAMS CO. NAT'L BANK CHKING %117692 12,899
TOTAL VALUE OF TRUST 109,875 100 0 109,875
TOTAL(Alsoenteronline7, Re~pitulation) $
t09~875
(if more space is needed, insert additional sheets of same size.)
E¥-151.1 EX + (1~?)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE H
FUNERAL EXPENSES &
ADMINISTRATIVE COSTS
ESTATE OF FILE NUMBER
RICHARD N. GILBERT
Debts of decedent must be reported on Schedule I.
ITEM
NUMBER
8
9
10
12
13
DESCRIPTION
FUNERAL EXPENSES:
EGGER FUNERAL HOME, INC., NEWVILLE, PA 17241 - FUNERAL FEE
WAYNE NOSS, FLOWERS - FUNERAL FLOWERS
ADMINISTRATIVE COSTS:
Personal Representative's Commissions
Name of Personal Representative(s) ROBERT E, GILBERT
Social Security Number(s) / EIN Number of Personal Representative(s)
Street Address 275 GREEN HILL ROAD
City NENVILLE State PA Zip 17241- 9574
Year(s) Commission Paid: 2002
Attorney Fees
Family Exemption: (If decedent's address is not the same as claimant's, attach explanation)
Claimant
Street Address
city
Relationship of Claimant to Decedent
Probate Fees
REGISTER OF WILLS
Accountant's Fees
State__ Zip
Tax Retum Preparers Fees
RAILOC COMPANY, INC - AUCTION FEES FOR PERSONAL PROPERTY OF DEC.
RAILOC COMPANY, INC - ADVERTISING FEES FOR PERSONAL PROPERTY
CHECK OUTSTANDING AS RESULT OF AUCTION
SMITH HAULING - TRASH REMOVAL FROM DECEDENT'S RESIDENCE
D.E.W. & SONS - REPAIR SEPTIC SYSTEM AT DECEDENT'S RESIDENCE
HOOVER PLUMBING - REPAIRS AT DECEDENT'S RESIDENCE
ROBERT GILBERT - MISC. ADMINISTRATION EXPENSES
TOTAL (Also enter on line 9, Recapitulation) $
AMOUNT
2,942
109
2,025
2,800
347
668
1,042
67
3O
8O
1,110
42
11~262
(If more space is needed, insert additional sheets of same size)
1W46AG 1.000
· REV-1512 EX~' (1-97)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULEI
DEBTS OF DECEDENT,
MORTGAGELIABILITIES,& LIENS
ESTATE OF FILE NUMBER
RICHARD N. GILBERT
Include unrelmbumed medical expenses.
ITEM
NUMBER
2.
3.
4.
5.
6.
7.
8.
9.
DESCRIPTION
AURORA NATL LIFE ASSURANCE CO - PREMIUM ON POLICY
SPRINT COMMUNICATIONS - TELEPHONE SERVICE
W.S.I. TRASH REMOVAL
GRAH~M MEDICAL
NEWVILLE LIONS CLUB
CLERKS SALE
SPRINT COMMUNICATIONS
DEBORAH PIPER - TAXES
NATIONWIDE INSURANCE - AUTO INSURANCE POLICY
AMOUNT
174
98
184
101
120
251
139
9
26
TOTAL (Also enter on line 10, Recapitulation) $
1, 102
(If more space is needed, insert additional sheets of the same size)
REV-151:~ EX+ (9-00)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE J
BENEFICIARIES
ESTATE OF FILE NUMBER
RICHARD ! ~I~RT
RELA'nONSHIP TO DECEDENT AMOUNT OR SHARE
NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE
2 o
3 o
I1.
TAXABLE DISTRIBUTIONS [include outright spousal distributions, and transfers
under Sec. 9116 (a) (1.2)]
ROBERT E GILBERT
275 GREEN HILL ROAD
NEWVILLE, PA 17241-9574
MARK W GILBERT
231 BOSLER AVENUE
LEMOYNE, PA 17043
WILLIAM C GILBERT
712 CUMBERLkND AVENUE
CHAMBERSBURG, PA 17201
HARRY K GILBERT, JR.
413 SEA ISLAND DRIVE
VICKSBURG, MS 39183
RIC~ L. GILBERT
P.O. BOX 75282
FAIRBAMKS, A/{ 99707
NEPHEW
NEPHEW
NEPHEW
NEPHEW
NEPHEW
1/17 REMAINDER
1/17 REMAINDER
1/17 REMAINDER
1/17 REMAINDER
1/17 REMAINDER
LARRY E. GILBERT NEPHEW 1/17 REMAINDER
400 WHITE SPAR
PRESCOTT, AZ 86303
ENTERD~LLARAM~UNTSF~RD~T~BUTI~NS~H~NAB~VE~NL~NE~15~HR~UGH18~A~APPR~PR~ATE~NRE~15~VER~HEE~
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 II - ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET $
1W46AI 2.000 (If more space is needed, insert additional sheets of the same size)
REV-151~ EX+ (9-00)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RE, DENT DECEDENT
SCHEDULE J
BENEFICIARIES
ESTATE OF
RICFj~RD N. GILbeRT
FILE NUMBER
NUMBER
10.
11.
II.
NAME AND ADDRESS OF PERSON(S) RECEMNG PROPERTY
TAXABLE DISTRIBUTIONS [indude outright spousal distributions, and transfers
under Sec. 9116 (a) (1.2)]
JOHN E. GILBERT
517 E. HIGH STREET
ELIZABETHTOWN, PA 17022
EDDIE A GILBERT
10149 CARLTON PARKWAY
WAXAHACHIE, TX 75165
JOHN K. GILBERT
141 STEELTOWN ROAD
NEWVILLE, PA 17241
LESTER K. GILBERT
2698 FOXIANNA ROAD
MIDDLETOWN, PA 17057
DAVID R. GILBERT
612 RA/~GE END ROAD, LOT 56
DILLSBURG, PA 17019
RELATIONSHIP TO DECEDENT
Do Not Mst Trustee(e)
NEPHEW
NEPHEW
NEPHEW
NEPHEW
NEPHEW
AMOUNT OR SHARE
OF ESTATE
1/17 REMAINDER
1/17 REMAINDER
1/17 REMAINDER
1/17 REMAINDER
1/17 REMAINDER
ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE, ON REV-1500 COVER SHEET
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 II - ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET $
2.000 (If more space is needed, insert additional sheets of the same size)
· REV-1513 EX+ (9-00)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE J
BENEFICIARIES
ESTATE OF FILE NUMBER
RICHARD ~'. GILBERT
RELATIONSHIP TO DECEDENT AMOUNT OR SHARE
NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPER-P( Do Not List Trustee(s) OF ESTATE
13.
14.
15.
16.
TAXABLE DISTRIBUTIONS [include outdght spousal distributions, and transfers
under Sec, 9116 (a) (1.2)]
HELEN LUELLA HAHN
140 CENTER ROAD
NEWVILLE, PA 17241
CAROL A. JUMPER
1 CHESTNUT STREET
NEWVILLE, PA 17241
JERRY LYNN GILBERT
26 CHESTNUT STREET
NEWVILLE, PA 17241
DONNA RAE STOUFFER
292 STEELSTOWN ROAD
NEWVILLE, PA 17241
RAY LEE GILBERT
P.O. BOX 87
ALEDO, TX 76008
NIECE
NIECE
NIECE
NIECE
NEPHEW
1/17 REMAINDER
1/17 REMAINDER
1/17 REMAINDER
1/17 REMAINDER
1/17 REMAINDER
ENTER DOLLAR AMOUNTS FOR DIS'rRIBUTIONS 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 II - ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET $
~w46^~ 2.ooo (If more space is needed, insert additional sheets of the same size)
REV-1513 EX+ (9-00)
COMMONVVEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE J
BENEFICIARIES
ESTATE OF
RICHARD
NUMBER
1.
17.
II,
, GII~EgT
NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY
TAXABLE DISTRIBUTIONS [include outright spousal distributions, and transfers
under Sec. 9116 (a) (1.2)]
LOIS JEAN BURKHOLDER
54 OAK FLAT ROAD
NEWVILLE, PA 17241
FILE NUMBER
RELATIONSHIP TO DECEDENT
AMOUNT OR SHARE
OFESTATE
Do Not List Trustee(s)
NIECE
1/17 REMAINDER
ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE, ON REV-1500 COVER SHEET
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 II - ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET
2.000 (If more space is needed, insert additional sheets of the same size)
H105.905 REV.(ID/00)
This is to certify that this is a true copy of the record which is on file in the Pennsylvania Division of Vital Records in accordance
with Act 66, P.L. 304, approved by the General Assembly, June 29, 1953.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Robert S.(Zim4nerman, Jr., MPH
Secretary of Health
Charles Hardester
State Registrar
2331817 SEP 10 ZOO1
No. Date
'TyPE~PmNI'
pERMAHENT
BLA~K ~nc
~. ~ COMMON%'~.ALTH OF PENNSYLVANIA, DEPARTMENT OF HEALTH, %qTAt.
CERTIFICATE OF DEATH
~ 5860~a~ I -- --
Richard N. Gilbert . , [~:~.~,---,~-'
78 ~1 I i I I 192~.PA 1~
~ct 18,
I [ ~~m hLWhite
__ . - I~Newville I~ Decedent's Residence ~ ~
__~_~___-. , PA .t~ v~: -~ West Pennsboro
Carlisle Road ~ ~erland ~ ~'~ ~
Newville, PA 17241
Finkenb.
Willi~
~ Robert Gilbert
4:00 PM ~
ust 30, 2001
Fd 13
2001
~275 Green Hill Road, PA 17241
land Valley
15 Big Spring Ave., Newville, PA 17241-
FROM : Randy S Skuman FAX NO. : 717 ?76 ?034 Aug. 30 2001 09:02AM P8
LAST WILL AND TESTAMENT
(Pour-Over Will)
OF
RICHARD N. GILBERT
IDENTITY
I, RICHARD N. GILBERT, residing in the County of Cumberland, Commonwealth of Pennsylvania,
being of sound mind and memory, and not acting under duress or undue influence of any person
whomsoever, hereby declare this to be my Last Will and Testament, and I do hereby revoke all other former
Wills and Codicils to Wills heretofore made by me. My Social Security Number is 20I-10-5860.
DEBTS, TAXES AND ADMINISTRATION EXPENSES
I have provided for the payment of all my debts, expenses of administration of property wherever
situated passing under this Will or otherwise, and estate, inheritance, transfer, and succession taxes, other
than any tax on a generation-skipping transfer that is not a liability of my Estate (including interest and
penalties, if any) that become due by reason of my death, under THE RICHARD N. GILBERT
REVOCABLE LIVING TRUST execttted on even date herewith (the "Revocable Trust"). If the Revocable
Trust assets should be insufficient for these purposes, my Executor shall pay any unpaid items from the
residue olr my Estate passing under this Will, without any apportionment or reimbursement. In the
alternative, my Executor may demand in a writing addressed to the Trustee of the Trust an amount necessary
to pay all or part of these items, plus claims, pecuniary lesaeies, and f'amilv allowances by court order.
PERSONAL AND HOUSEHOLD EFFECTS
It is my intent that ali my personal and household effects were transferred to the Revocable Trust
as a result of the Declaration of Intent signed this date. If there are any questions regarding the ownership
or disposition of these assets, it is my desire that such assets pour into the Revocable Trust. signed by me this
date in accordance with the provisions of the section titled "Residue of Estate."
RESIDUE OF ESTATE
I give, devise and bequeath all the rest, residue and remainder of my property of every kind and
description (incltLding lapsed legacies and devices), wherever situated and whether acquired before or after
the execution of' this Will. to the Trustee under that certain Tn,st executed by me on the same date of the
execution ofthis Will. The Trustee shall add thc property bequeathed and devised by this item to the corpus
of the above described Trust and shall hold. administer and distribute said property in accordance with the
provisions of the said Trust. including any amendmeqts thereto made before my death.
If for any reason the said 'l'mst shall ,~ot be in existcuce at the time of death, or if for any reason a
court of competent jurisdiction shall declare the foregoiqg testamentary disposition to the Trustee under said
Trust as it exists at the time of my death to be invalid, then I give all o£my Estate i,~eluding the residue and
remainder thereof' to that person who would have been the Trustee under the Trust. as Trustee. and to their
s.bstitute$ and succe~r.c~r~ under the ¥~st. descrit~d herein above, to be held. managed, invested, reinvested
POU'R-OVER WII. LS ~ ~ t-
Page I ~T~stat°r}
FROM : Randy S Skuman FAX NO. : 717 776 7034 Aug. 30 20011~=J:O3AM P9
and distributed by the Trustee upon the terms and conditions pertaining to the period beginning with the date
of my death as are constituted in thc Trust as at present constituted giving effect to amendments;, it'any,
hereafter made and ti,~r that purpose I do hereby incorporate such Trust by reference into this my Will.
EXECUTOR
l hereby nominate and appoint .... ;_ .' to serve without bond as my Executor of this
my Last Will and Testament.
In the event the first named Executor shall predecease me or is unable or unwilling to act as my
Executor for any reasons whatsoever, then and in that event. I hereby nominate and appoint JANET
CONOVER. to serve without bond as my Independent Executor.
Whenever the word "Executor" or any modifying or substituted pronoun therefore is used in this my
Will, such words and respective pronouns shall be held and taken to include both the singular and the plural,
the masculine, feminine and neuter gender thereof, and shall apply equally to the Executor named herein and
to any successor to substitute Executor acting hereunder, and such successor or substitute Executor shall
possess all the rights, powers, duties, authority, and responsibility conferred upon the Executor originally
named herein.
EXECUTOR POWERS
By way of Illustration and not of limitation and in addition' to any inherent,, implied or statutory
powers granted to executors generally, my Executor is specifically authorized and empowered with respect
to any property, real or personal, at any time held under any provision of this my Will: to allot, allocate
betxveen principal and income, assign, borrow, bdy, care for, collect, compromise claims, contract with
respect to, continue any business of mine, convert, deal with, dispose of, enter into, exchange, hold, improve.
incorporate any business of mine, invest, lease, manage, mortgage, grant and exercise options with respect
to. take possession of. pledge, receive, release, repair, sell, sue for, make distributions in cash or in kind of
partly in each without regard to the income tax basis of such asset and in general, exercise all of the powers
in the management of my Estate which any individual could exercise in the management of similar property
owned in its own right upon such terms and conditions as to my Executor may seem best. and execute and
deliver any and all instruments and do all acts which my Executor may deem proper or necessary to carry
out the purpose ofthls my Will. without being limited iu any way by the specific grants or power made. and
without the necessity ora court order.
My Execl~tor shall have absolute discretion, but shall not be required, to make adjustments in the
rights of any Beneficiaries, or among the principal and income accounts to compensate for the consequences
of any tax decision or election, or of any investment or administrative decision, that my executor believes
has had the et'~ct, directly or ind[rectly, o{'pret~rrlng one Beneficiary or group of Beneficiaries over others.
in d~:t¢cmlning th~ Federal Estat~ and lnco~ne Tax llab;litles Of my I~..~tate. z=ly Executor shall have d;seretion
to se{eot the valuation date and to determine ~hether any or all of the allowable administration expenses ;n
m.x Estate shall be used as Federal Estate Tax deductions or as Federal Income ]'ax deductions.
POUR-OVER WILLS ~ J,~ /L~
Page 2 (Testator)
FROM : Randy S Skuman FAX NO. : 717 776 7034 Aug. 30 2001 09:03AM P10
SPECIFIC OMISSIONS
I have intentionally omitted any and all persons and entities from this, my Last Will and Testament,
.except those persons and entities specifically named herein, lfany person or entity shall challenge any term
or condition of this Will, or of the Living Trust to which I have made reference in the s~ct[ons "l-lousehold
and Personal Effects" and "Residue of Estate," then, to that person or entity, ! give and bequeath the sum of
only one dollar ($I-00) only in lieu and in place of any other benefit, grant, bequest or interest which that
person or interest may have in my Estate or the Living Trust and its Estate.
SIMULTANEOUS DEATH
If any other Beneficiary should not survive me for sixty (60) days, th~:n it shall be conclusively
presumed for the purpose of this my Will that said Beneficiary predeceased me.
RICHARD N. GILBERT
Testator
This instrument consists of 5 typewritten pages, including the Attestation Clause, Self-Proving
Clause, signature of Witnesses, and acknowledgment ofofflcer. I have signed my name at the bo~ of each
of the preceding pages. This instrument is being signed by me on this ~-.~ '--'day of
/
Page 3 (Testator)
FROM : Randy S Shuman FAX NO. : 717 776 7034 Aug. 30 2001 09:04AM Pll
ATTESTAT[ON CLAUSE
The Testator whose name appears above declared to us, the undersigned, that the foregoing
i~strument was his Last Will and Testament, and he requested us to act as witnesses to such instrument and
to his signature thereon. The Testator thereupon signed such instrument in our presence. At the Testator',:
request, the undersigned then subscribed our names to the instrument in our own handwriting in the presence
of thc Testator. The undersigned hereby declare, in the presence of each of us, that we believe the Testator
to be of sound and disposing mind and memory.
Signed by us on the same day and year as this Last Will and Testament was signed by the Testator.
WITNESSES:
(Printed Name of Witness)
ADDRESSES:
(Printed Name of Witness)
POUR-OVER WILLS
Page 4
(Testator)
FROM : Randy S SKumam FAX NO. : 717 776 7034 Aug. 30 2001 09:04AM
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SELF-PROVING CLAUSE
cc._.,eO. BEFORE ME,,,the undersigned authori?~_n this day personally appeared RIC HARD N. GILBERT,
fi2., ./~,-~.~.¢~-, ~.. and /~=~.?_~s.e ~. ,/?C" ',zr'x ~ , known to me to be the
Testato. r and the'?, itnesses, respectively, whose"names are sub~:ribed to the foregoing instrument in their
respective capaem¢$, and all of'them being by me duly sworn, RICHARD N. GILBERT, Testator, declared
to me and to the witnesses, in my presence, that the instrument is his Will and that he had willingly made and
executed it as his free act and deed for the purposes therein expressed; and the Witnesses, each on his or her
oath, stated to me in the presence and hearing of the Testator, that the Testator had declared to them that the
instrument is his Will and that he executed the same as such and wanted each of them to sign it as a witness;
and upon their oaths, each witness stated further that he did the same as a witness in the presence of the
Testator, and at his request and that he was at that time eighteen (18) years of age or over and was of sound
mind, and that each of the witnesses was then at least fonrteen (14) years of age.
R-[CHARD N. GILBERT
Testator
Witness
c.
(Printed Name of Witness)
W~tt.,ss
/9-
(Printed Name of Witness)
SUBSCRIBED AND ACKNO~W_I~,EDGED betbr.%me by RICHARD N. GILBERT. T.~stator. and
s.bscribe,, a.d s,vo~ To ~e,to, r~e byd-?_~e,-,,~ e. ,,~?,,~e an,~-~_,r?,,¢.. ~.'~'.'-,V-:-:,:..
witnesses, this the ,.,.,.<'.'~,~.~.2. day of /_, /' .~.. p/ .-x,~:dz~ ' - /
Pou~-ovt~ w~u.s Q..'"x ~
Page 5 (Testator)
THE RICHARD N. GILBERT
REVOCABLE LIVING TRUST AGREEMENT
DATED:
BETWEEN:
RICHARD N. GILBERT,
AS SETTLOR
RICHARD N. GILBERT,
AS TRUSTEE
RICHARD N. GILBERT, resident of the Commonwealth of Pennsylvania, County of Cumberland, does
hereby establish a Trust upon the conditions and for the purposes hereafter set forth.
ARTICLE ONE
Section 1.01 Trust Estate Defined
This Revocable Trust is formed to hold title to real and personal property for the benefit of the Settlor of this
Trust and to provide for the orderly use and transfer of these assets upon the death of the Settlor. The "Trust
Estate" is defined as all property transferred or conveyed to and received by the Trustee held pursuant to the
terms of this instrument. The Trustee is required to hold, administer, and distribute this property as provided
in this Trust Agreement.
Section 1.02 Definitions
As used in this Trust Agreement:
1. The term "Settlor" shall mean RICHARD N. GILBERT.
The term "Descendant" shall mean the lawful issue of a deceased parent in the line of
descent, but does not include the issue of any parent who is a descendant of the deceased
person in question and who is living at the time in question.
The terms "Child" and "Descendant" include any issue born to decedent, a child legally
adopted by the decedent, and a posthumous child of a decedent. A posthumous child is to
be considered as living at the time of his or her parent's death.
The term "Survives" or "Surviving", unless otherwise indicated herein, shall be construed
to mean surviving the decedent for at least sixty (60) days. If the person referred to dies
within sixty (60) days of the death of the decedent, the reference to him or her will be
construed as if he or she had failed to survive the decedent; provided, however, that any
such person will have, during such period, the right to the use and enjoyment as a life tenant
of all property in which his or her interest will fail by reason of death during such period.
REVOCABLE LIVING TRUST AGREEMENT
Page 1
o
The term "Issue" will include all natural and adopted children, if applicable, and
descendants and those legally adopted into the line of descent.
The term "Per Stirpes" means strict per stirpes and does not mean per capita with
representation. Beneficiaries entitled to take under a "per stirpes" clause will include both
natural and adopted children and their descendants.
The terms "Trust Assets" and "Trust Estate" include all assets of any trust created hereunder
and income derived from such assets and all proceeds of any description derived from the
sale, exchange, or other disposition of such assets.
o
When required to give reasonable effect to the context in which used, pronouns in the
masculine, feminine, or neuter gender include each other, and nouns and pronouns in the
plural or singular number include each other.
Section 1.03 Trustee Designation
Settlor is hereby designated as Trustee. The term "Trustee" as used in this Trust Agreement shall refer to
Settlor so long as he or she serves as Trustee, and/or to any successor Trustee who assumes the role of
Trustee. These Trustees shall serve in the order as provided in Section 8.01 of this Trust Agreement.
Section 1.04 Additions to Trust Properties
The Trustee, at any time during the continuance of this Trust in his or her sole discretion after
consideration of the possible tax consequences to all concerned, is authorized to receive into the
Trust additions of cash and other properties from any source whatsoever, whether by gift, will, or
otherwise. However, the Trustee shall accept all assets which any person or persons may give,
devise, or bequeath by Last Will and Testament to this Trust, and shall accept all assets transferred
to this Trust pursuant to the provisions of any other Trust document or documents.
In addition, any person or persons may designate this Trust as the Beneficiary, Primary or
Contingent, of any death benefits to include insurance benefits, pension benefits, or other benefits.
Until such benefits mature, the Trustee shall have no responsibility with respect to those benefits.
Section 1.05 Appointment
The Trustee of the Trust is directed to apportion receipts and expenditures of the types described below
between principal and income as follows:
Whenever the principal, or any part thereof, of the Trust property is invested in securities purchased
at a premium or at a discount, any premium will be charged against principal and any discount will
be credited to principal;
Any stock dividends and rights to purchase additional stock issued on securities held in trust will be
treated as principal. All other dividends, except liquidating distributions, will be treated as income;
and
The amount of any applicable depletion allowance for federal income tax purposes will be treated
as income.
REVOCABLE LIVING TRUST AGREEMENT
Page 2
Section 1.06 Discretionary Termination
The Trustee may terminate any Trust when, in the opinion of the Trustee, the principal is reduced to such
an extent that it is not in the best interest of the Beneficiary or Beneficiaries to continue the Trust. The
judgment of the Trustee with respect to this decision to terminate will be final and not subject to judicial
review. If the Trustee terminates a Trust according to this Section, the date the Trust terminates will be
deemed the date fixed for termination of the Trust, and the Trustee will distribute the assets of the
terminating Trust to the Beneficiary or Beneficiaries pursuant to this Agreement.
Section 1.07 Amendment and Revocation
At any time during the life of the Settlor, the Settlor may, by a duly executed instrument filed with the
Trustee:
1. Amend this Trust Agreement in any manner; and/or
Revoke this Trust Agreement in part or in whole. If the Trust Agreement is revoked in whole, the
Trustee shall transfer title to all Trust property of every kind and description back into the individual
name of the Settlor. The instrument of amendment or revocation shall be effective immediately upon
its proper execution by the Settlor, but until a copy has been received by a Trustee, that Trustee shall
not incur any liability or responsibility either (i) for failing to act in accordance with such instrument
or (ii) for acting in accordance with the provisions of this Trust Agreement without regard to such
instrument.
Withdraw from the Trust Estate all or any part of the principal and accumulated income of the Trust
to satisfy liabilities lawfully incurred in the administration of this Trust.
Section 1.08 Revocation or Alteration by Settlor Alone
The rights of revocation, withdrawal, alteration, and amendment reserved in this Article may only be
exercised by the Settlor and may not be exercised by any other person, including an agent, a guardian, or a
conservator.
Section 1.09 Irrevocabili _ty
Except as otherwise provided, on the death of Settlor, the designation of Beneficiaries of specific gifts in this
Trust shall become irrevocable and not subject to amendment or modification.
Section 1.10 Settlor Powers
The Settlor shall be the Trustee unless and until he or she resigns in writing or is determined incompetent
under the terms provided herein. The Settlor shall retain all absolute rights to discharge or replace any
Successor Trustee so long as the Settlor is competent.
REVOCABLE LIVING TRUST AGREEMENT
Page 3
ARTICLE TWO
Section 2.01 Trust Income
During the life of the Settlor, the Trustee shall at least annually, unless otherwise directed by Settlor in
writing, pay to or apply for the benefit of Settlor, all of the net income from the Trust Estate.
Section 2.02 Protection of Settlor in Event of Incapacity
During the life of the Settlor, should Settlor become incapacitated as defined in Section 2.03 below, the
Trustee may, in the Trustee's absolute discretion, pay income and principal for the benefit of the
incapacitated Settlor, and may pay to or apply for the benefit of that Settlor such sums from the net income
and from the principal of the Estate of the Trustee, in the Trustee's absolute discretion, believes is necessary
or advisable for the medical care, comfortable maintenance, and welfare of the Settlor.
Section 2.03 Incapacity
In the event that any Trustee or any Beneficiary hereunder comes into possession of any of the following:
A jurisdictionally applicable court order holding the party to be legally incapacitated to act on his
or her behalf and appointing a guardian or conservator to act for him or her; or
Written certificates which are duly executed, witnessed, and acknowledged of two licensed
physicians, each certifying that the physician has examined the person and has concluded that, by
reason of accident, mental deterioration, or other cause, such person has become incapacitated and
can no longer act rationally and prudently in his or her own financial best interest; or
Evidence which such Trustee or Beneficiary deems to be credible and currently applicable that a
person has disappeared, is unaccountably absent, or is being detained under duress, and that he or
she is unable to effectively and prudently look after his or her own best interests, then in that event
and under those circumstances:
Such person is deemed to have become incapacitated, as that term is used in this Trust
agreement; and
Such incapacity is deemed to continue until such court order, certificates, and / or
circumstances are inapplicable or have been revoked.
A physician's certificate to the effect that the person is no longer incapacitated shall revoke a certificate
declaring the person incapacitated. The certificate which revokes the earlier certificate may be executed by
either the original certifying physician or by two other licensed, board certified physicians. No Trustee shall
be under any duty to institute any inquiry into a person's possible incapacity. The reasonable expense of any
such inquiry shall be paid from the Trust Assets.
Section 2.04 Principal Invasion
During the life of the Settlor, should the net income of assets contained in this Trust at the time of the
Settlor's death be insufficient to provide for the care, maintenance, or support of the Settlor as herein defined,
the Trustee may, in the Trustee's sole and absolute discretion, pay to or apply for the benefit of the Settlor
REVOCABLE LIVING TRUST AGREEMENT
Page 4
or any of their dependents, such amounts from the principal of the Trust Estate as the Trustee deems
necessary or advisable for the care, maintenance, or support of the Settlor.
Section 2.05 Residence
If the Settlor's residence property is a part of the Trust, the Settlor shall have possession of and full
management of the residence and shall have the right to occupy it free of rent. Any expenses arising from
the maintenance of the property and from all taxes, liens, assessments, and insurance premiums, are to be
paid from the Trust to the extent that assets are available for payment. It is the intent of the Grantor to retain
all homestead rights available to him under the applicable state law.
ARTICLE THREE
Section 3.01 Death
On the death of the Settlor, the Trustee shall distribute the principal of the Trust and any accrued or
undistributed income from the principal of the Trust in such a manner and to such persons, including the
Estate of the Creditors, as directed in this Trust Agreement.
Section 3.02 Payment of Death Expenses
On the death of the Settlor, the Trustee shall pay from the Trust Estate constituting the Settlor's last illness,
funeral, burial and any inheritance, estate, or death taxes that may be due by reason of the Settlor's death,
unless the Trustee in his or her absolute discretion determines that other adequate provisions have been made
for the payment of such expenses and taxes.
Section 3.03 Trust Income and Principal Distribution
The Trustee shall apply and distribute the net income and principal of each of the shares of the
resulting Trust Estate, after giving effect to the section of this Trust Agreement entitled "Special
Directives" to the following Beneficiaries in the indicated fractional shares:
SEE SPECIAL DIRECTIVES
If any of the above Beneficiaries, or any other Beneficiary, is under the age of 25 years when the
distribution is to be made, the Trustee shall have authority to distribute the same, in whole or in part,
to a custodian for the minor appointed under a Uniform Gifts or Transfers to Minors Act, or the
Trustee may retain any such property and administer and distribute the same for the benefit of the
minor, paying to or for the benefit of such minor so much of the income and principal of the retained
property from time to time as the Trustee deems advisable for the health, education, support, and
maintenance of the minor. When the person for whom the property is held attains the age of 25
years, the property shall thereupon be distributed to him or her free of trust unless otherwise stated
in this Agreement. If the minor should die before attaining the age of majority, the property shall
then be paid and distributed to the estate of the minor.
REVOCABLE LIVING TRUST AGREEMENT
Page 5
If all of the Settlor's Beneficiaries and their children should fail to survive the final distribution of
the Trust Estate, all of the Trust Estate not disposed of as hereinabove provided shall be distributed
as provided for in this Trust Agreement.
Section 3.04 Principle of Representation
Ifa Beneficiary of the Settlor should fail to survive to collect his or her share, that share shall pass to the
surviving issue of that deceased Beneficiary per stirpes and with right of representation.
ARTICLE FOUR
Section 4.01 Non-Income Producing Property
During the life of the Settlor, the Trustee is authorized to retain in the Trust, for so long as the Trustee may
deem advisable, any property received by the Trustee from the Settlor, whether or not such property is of the
character permitted by law for the investment of Trust funds.
Section 4.02 Trustee Powers
The Trustee shall have all powers conferred upon a Trustee by law for the orderly administration of the Trust
Estate. If any property is distributed outright under the provision of this Trust Agreement to a person who
is a minor, distribution may be made under the Pennsylvania Uniform Transfer to Minors Act ("PAUTMA").
The Trustee is further authorized to sign, deliver, and/or receive any documents necessary to carry out the
powers contained within this Section.
The Trustee of any trust created under this Trust Agreement (including any substitute or successor Trustee)
will have and be subject to all of the powers, duties, and responsibilities granted or imposed by the
Pennsylvania Consolidated Statutes (20 Pa. C.S. Section 101 et seq.) as such Statute may provide at the time
of administration of the Trust, except to the extent that the same are inconsistent with the provisions of this
Agreement.
Section 4.03 Specific Powers of Trustee
In addition, the Trustee will have the following specific powers:
Trust Estate: The Trustee may leave invested any property coming into its hands hereunder in any
form of investment even though the investment may not be of the character of investments permitted
by law to trustees, without liability for loss or depreciation in value. The Trustee may sell,
exchange, or otherwise dispose of and reinvest property which may at any time be a part of the Trust
Estate upon such terms and conditions as the Trustee may deem advisable. The Trustee may invest
and reinvest the Trust Assets from time to time in any property, real, personal, or mixed, including
without limitation, securities of domestic and foreign corporations and investment trusts or
companies, bonds, debentures, preferred stocks, common stocks, mortgages, mortgage participation,
and interests in common trust funds, all with complete discretion to convert realty into personalty
or personalty into realty or otherwise change the character of the Trust Estate, even though such
investment (by reason of its character, amount, proportion to the total Trust Estate, or otherwise)
would not be considered appropriate for a fiduciary apart from this provision and even though such
REVOCABLE LIVING TRUST AGREEMENT
Page 6
o
o
10.
investment caused part or all of the total Trust Estate to be invested in investments of one type or
of one business or company.
Holding Property: The Trustee may hold property in the Trustee's name, as trustee, or in the name
of a nominee without disclosing the Trust.
Release of Power: If the Trustee deems it to be in the best interest of the Trust and its Beneficiaries,
the Trustee, by written instrument signed by such Trustee, will have the power and authority to
release, disclaim, or restrict the scope of any power or discretion granted in this Trust Agreement
or implied by law.
Agents, Employees: The Trustee may employ one or more agents to perform any act of
administration, whether or not discretionary, including attorneys, auditors, investment managers, or
others, as the Trustee shall deem necessary or advisable. The Trustee may compensate agents and
other employees and may delegate to them any and all discretions and powers.
Leases: The Trustee may lease any Trust Assets generally or for oil, gas, and mineral development,
even though the lease term may extend beyond the term of the Trust of which the property is a part.
The Trustee may enter into any covenants and agreements relating to the property so leased or
concerning any improvements which may then or thereafter be erected on such property.
Common Funds: The Trustee may hold any of the Trust Assets in a common fund with property
from other trust estates and may make investments jointly with any other trust, the property of which
is included in the common fund.
Securities: With respect to securities held in the Trust Estate, the Trustee may exercise all the
rights, powers, and privileges of an owner, including but not limited to, the power to vote, give
proxies, and to pay assessments and other sums deemed by the Trustee necessary for the protection
of the Trust Estate. In addition, the Trustee may participate in voting trusts, foreclosures,
reorganizations, consolidations, mergers, and liquidations, and in connection therewith, to deposit
securities with and transfer title to any protective or other committee under such terms as the Trustee
may deem advisable. In addition, the Trustee may exercise or sell stock subscription or conversion
rights and may accept and retain as an investment any securities or other property received through
the exercise of any of the foregoing powers, regardless of any limitations elsewhere in this
instrument relative to investments by the Trustee.
Purchases from Estate: The Trustee may purchase property of any kind from the Executor or
Administrator of the Estates.
Lending: The Trustee may make loans, secured or unsecured, to the Executor or Administrator of
the Estate, to any Beneficiary of the Trust, or to the Trustee. Further, the Trustee may use Trust
Assets to guarantee obligations of any income Beneficiary of the Trust (unless such Beneficiary is
serving as Trustee).
Distributions to or for Beneficiaries: The Trustee may make any distribution contemplated by this
Trust Agreement (1) to the Beneficiary; (2) if the Beneficiary is under a legal disability or if the
Trustee determines that the Beneficiary is unable to properly manage his or her affairs, to a person
furnishing support, maintenance, or education for the Beneficiary or with whom the Beneficiary is
residing for expenditures on the Beneficiary's behalf; or (3) if the Beneficiary is a minor, to a trustee
REVOCABLE LIVING TRUST AGREEMENT
Page 7
11.
12.
13.
14.
15.
16.
17.
18.
of an existing trust established exclusively for the benefit of such minor, whether created by this
Trust Agreement or otherwise, or to a custodian for the Beneficiary, as selected by the Trustee, under
the Pennsylvania Uniform Transfer to Minors Act. Alternatively, the Trustee may apply all or a part
of the distribution for the Beneficiary's benefit. Any distribution under this paragraph will be a full
discharge of the Trustee with respect thereto. On any partial or final distribution of the Trust Assets,
the Trustee may apportion and allocate the assets of the Trust Estate in cash or in kind, or partly in
cash and partly in kind, or in undivided interests in the manner deemed advisable at the discretion
of the Trustee and to sell any property deemed necessary by the Trustee to make the distribution.
The Trustee may distribute gifts of up to $10,000.00 per year per donee out of principal and/or
interest.
Insurance: The Trustee may purchase new life insurance, pay the premiums on existing life
insurance on the life of any Trust Beneficiary, purchase annuities (either commercial or private)
from any corporation, trust, or individual, and may procure and pay the premiums on other insurance
of the kinds, forms, and amounts deemed advisable by the Trustee to protect the Trustee and the
Trust Estate.
Borrowing: The Trustee may borrow money from the Trust Estate and others. To secure the
repayment thereof, the Trustee may mortgage, pledge, or otherwise encumber part or all of the Trust
Assets, and in connection with the acquisition of any property, the Trustee may assume a liability
or may acquire property subject to a liability.
Repairs: The Trustee may make ordinary and extraordinary repairs and alterations to buildings or
other Trust Assets.
Reserves: The Trustee may establish such reserves out of income for taxes, assessments, repair, and
maintenance as the Trustee considers appropriate.
Continuation of Business: The Trustee may continue any business or businesses in which the Trust
has an interest at the time of the Settlor's death for so long as the Trustee may, in its sole discretion,
consider necessary or desirable, whether or not the business is conducted by the Settlor at the time
of his death individually, as a partnership, or as a corporation wholly owned or controlled by him,
with full authority to sell, settle, and discontinue any of them when and upon such terms and
conditions as the Trustee may, in its sole discretion, consider necessary or desirable.
Retain Property for Personal Use: The Trustee may retain a residence or other property for the
personal use of a Beneficiary and to allow a Beneficiary to use or occupy the retained property free
of rent and maintenance expenses.
Dealings with Third Parties: The Trustee may deal with any person or entity regardless of
relationship or identity of any Trustee to or with that person or entity. The Trustee may hold or
invest any part of or all of the Trust Estate in common or undivided interests with that person or
entity.
Partitions, Divisions, Distributions: The Trustee will have the power to make all partitions,
divisions, and distributions contemplated by this Trust Agreement. Any partitions, divisions, or
other distributions may be made in cash, in kind, or partly in cash and partly in kind, in any manner
that the Trustee deems appropriate (including composing shares differently). The Trustee may
determine the value of any property, which valuation will be binding on all Beneficiaries. No
REVOCABLE LIVING TRUST AGREEMENT
Page 8
19.
20.
21.
22.
23.
adjustments are required to compensate for any partitions, divisions, or distributions having unequal
consequences to the Beneficiaries.
Claims, Controversies: The Trustee may maintain and defend any claim or controversy by or against
the Trust without the joinder or consent of any Beneficiary. The Trustee may commence or defend
at the expense of the Trust any litigation with respect to the Trust or any property of the Trust Estate
as the Trustee may deem advisable. The Trustee may employ, for reasonable compensation, such
counsel as the Trustee shall deem advisable for that purpose.
Merger of Trusts: If at any time the Trustee of any trust created hereunder shall also be acting as
trustee of any other trust created by trust instrument or by trust declaration for the benefit of the
same beneficiary or beneficiaries and upon substantially the same terms and conditions, the Trustee
is authorized and empowered, if in the Trustee's discretion such action is in the best interest of the
Beneficiary or Beneficiaries, to transfer and merge all of the assets then held under such trust created
pursuant to this Trust Agreement to and with such other trust and thereupon to terminate the trust
created pursuant to this Trust Agreement. The Trustee is further authorized to accept the assets of
any other trust which may be transferred to any trust created hereunder and to administer and
distribute such assets and properties so transferred in accordance with the provisions of this
Agreement.
Termination of Small Trust: Any corporate Trustee which is serving as the sole Trustee of any
Trust or any Share thereof may at any time terminate such Trust or Share if, in the Trustee's sole
judgment, the continued management of such Trust or Share is no longer economical because of the
small size of such Trust or Share and if such action will be deemed to be in the best interests of the
Beneficiary or Beneficiaries. In case of such termination, the Trustee will distribute forthwith the
share of the Trust Estate so terminated to the income Beneficiary, per stirpes. Upon such
distribution, such Trust or Share will terminate and the Trustee will not be liable or responsible to
any person or persons whomsoever for its action. The Trustee will not be liable for failing or
refusing at any time to terminate any Trust or a Share thereof as authorized by this paragraph.
Power to Determine Income and Principal: Dividends payable in stock of the issuing corporation,
stock splits, and capital gains will be treated as principal. Except as herein otherwise specifically
provided, the Trustee will have full power and authority to determine the manner in which expenses
are to be borne and in which receipts are to be credited as between principal and income. The
Trustee has the power to determine what will constitute principal or income and may withhold from
income such reserves for depreciation or depletion as the Trustee may deem fair and equitable. In
determining such matters, the Trustee may give consideration to the provisions of the Pennsylvania
Statutes (or its successor statutes) relating to such matters, but it will not be bound by such
provisions.
Generation-Skipping Taxes and Payment: If the Trustee considers any distribution or termination
of an interest or power hereunder as a distribution or termination subject to a generation-skipping
tax, the Trustee is authorized:
To augment any taxable distribution by an amount which the Trustee estimates to be
sufficient to pay such tax and charge the same to the particular trust to which the tax related
without adjustment of the relative interests of the Beneficiaries;
REVOCABLE LIVING TRUST AGREEMENT
Page 9
bo
To pay such tax, in the case of a taxable termination, from the particular trust to which the
tax relates without adjustment of the relative interests of the Beneficiaries. If such tax is
imposed in part by reason of the Trust Assets, the Trustee will pay only the portion of such
tax attributable to the taxable termination hereunder taking into consideration deductions,
exemptions, credits, and other factors which the Trustee deems advisable; and
Co
To postpone final termination of any particular trust and to withhold any portion or all of
the Trust Estate until the Trustee is satisfied that the Trustee no longer has any liability to
pay any generation-skipping tax with reference to such trust or its termination.
Section 4.04 Special Provision for S Corporation Stock
Notwithstanding what is otherwise provided in this Trust Agreement, if at any time the Trust contains any
stock of a corporation which elects or has elected treatment as an "S Corporation" as defined by Section
1361(a)(1) of the Internal Revenue Code (or any corresponding successor statute), such stock will be
segregated from the other assets of such and treated as a separate trust. The Trustee will further divide the
separate trust into shares for each Beneficiary and such shares will be distributed outright or held in trust as
herein provided. In addition, all other provisions of this Trust Agreement will apply to each share held in
trust (and constituting a separate trust) except that the Trustee will distribute all of the income from each
separate trust to its Beneficiary in convenient installments at least annually. It is the Settlor's intent that each
separate trust will be recognized as a "Qualified Subchapter S Trust" ("QSST") under Section 1361(d)(2)
of the Internal Revenue Code (or any corresponding successor statute). Notwithstanding any provisions of
this Trust Agreement to the contrary, the Trustee's powers and discretions with respect to the administration
of each separate trust (including methods of accounting, bookkeeping, making distributions, and
characterizing receipts and expenses) will not be exercised or exercisable except in a manner consistent with
allowing each separate trust to be treated as a QSST as above described.
Section
1.
ARTICLE FIVE
5.01 Coordination with Settlor's Probate Estate
At any time during the continuance of this Trust, including subsequent to the death of Settlor, the
Trustees may, in their sole and uncontrolled discretion, distribute to the deceased Settlor's Probate
Estate cash and/or other property as a Beneficiary of the Trust.
All other provisions to the contrary notwithstanding, under no circumstances shall any restricted
proceeds, as hereinafter defined, be either directly or indirectly: (i) distributed to or for the benefit
of the Settlor's Executors or the Settlor's Probate Estate; or (ii) used to pay any other obligations of
the Settlor's Estate. The term "Restricted Proceeds" means:
ao
All qualified plans, individual retirement accounts, or similar benefits which are received
or receivable by any Trustee hereunder, and which are paid solely to a Beneficiary other
than the Executor of the Settlor's Gross Estate for Federal Estate Tax purposes; and
bo
All proceeds of insurance on the Settlor's life which, if paid to a Beneficiary other than the
Settlor's Estate, would be exempt from inheritance or similar death taxes under applicable
state death laws.
REVOCABLE LIVING TRUST AGREEMENT
Page 10
Section 5.02 Direction to Minimize Taxes
In the administration of the Trust hereunder, its Fiduciaries shall exercise all available tax related elections,
options, and choices in such a manner as they, in their sole but reasonable judgment (where appropriate,
receiving advice of tax counsel), believe will achieve the overall minimum in total combined present and
reasonably anticipated future administrative expenses and taxes of all kinds. This applies not only to said
Trust, but also to its Beneficiaries, to the other Trusts hereunder and their Beneficiaries, and to the Settlor's
Probate Estate.
Without limitation on the generality of the foregoing direction (which shall to that extent supercede the usual
fiduciary duty of impartiality), such Fiduciaries shall not be accountable to any person interested in this Trust
or to Settlor's Estate for the manner in which they shall carry out this direction to minimize overall taxes and
expenses (including any decision they may make not to incur the expense of a detailed analysis of alternative
choices). Even though their decisions in this regard may result in increased taxes or decreased distributions
to the Trust, to the Estate, or to one or more Beneficiaries, the Fiduciaries shall not be obligated for
compensation readjustments or reimbursements which arise by reason of the manner in which the Fiduciaries
carry out this direction.
Section 5.03 Judgment and Discretion of Trustee
In the absence of proof of bad faith, all questions of construction or interpretation of any trusts created by
this Trust Agreement will be finally and conclusively determined solely by the Trustee, according to the
Trustee's best judgment and without recourse to any court. Each determination by the Trustee is binding on
the Beneficiaries and prospective Beneficiaries hereunder, both in being and unborn, as well as all other
persons, firms, or Corporations. The Trustee, when exercising any discretionary power relating to the
distribution or accumulation of principal or income or to the termination of any trust, will be responsible only
for lack of good faith in the exercise of such power. Each determination may be relied upon to the same
extent as if it were a final and binding judicial determination. In the event of a conflict between the
provisions of this Trust Agreement and those of the Pennsylvania Statutes, the provisions of this Agreement
will control.
ARTICLE SIX
Section 6.01 Resolution of Conflict
Any controversy between the Trustee or Trustees and any other Trustee or Trustees, or between any other
parties to this Trust, including Beneficiaries, involving the construction or application of any of the terms,
provisions, or conditions of this Trust shall, on the written request of either or any disagreeing party served
on the other or others, shall be submitted to arbitration. The parties to such arbitration shall each appoint
one person to hear and determine the dispute and, if they are unable to agree, then the two persons so chosen
shall select a third impartial arbitrator whose decision shall be final and conclusive upon both parties. The
cost of arbitration shall be borne by the losing party or in such proportion as the arbitrator(s) shall decide.
Such arbitration shall comply with the commercial arbitration rules of the American Arbitration Association,
140 West 51st Street, New York, NY 10200.
REVOCABLE LIVING TRUST AGREEMENT
Page 11
Section 6.02 Incontestability
The beneficial provisions of this Trust Agreement are intended to be in lieu of any other rights, claims, or
interests of whatsoever nature, whether statutory or otherwise, except bona fide pre-death debts, which any
Beneficiary hereunder may have in Settlor's Estate or in the properties in trust hereunder. Accordingly, if
any Beneficiary hereunder asserts any claim (except a legally enforceable debt), statutory election, or other
right or interest against or in Settlor's Estate, or any properties of this Trust, other than pursuant to the
express terms hereof, or directly or indirectly contests, disputes, or calls into question, before any court, the
validity of this Trust Agreement, then:
Such Beneficiary shall thereby absolutely forfeit any and all beneficial interests of whatsoever kind
and nature which such Beneficiary or his or her heirs might otherwise have under this Trust
Agreement and the interests of the other Beneficiaries hereunder shall thereupon be appropriately
and proportionately increased; and
All of the provisions of this Trust Agreement, to the extent that they confer any benefits, powers,
or rights whatsoever upon such claiming, electing, or contesting Beneficiary, shall thereupon become
absolutely void; and
Such claiming, electing, or contesting Beneficiary, if then acting as a trustee hereunder, shall
automatically cease to be a Trustee and shall thereafter be ineligible either to select, remove, or
become a Trustee hereunder.
Section 6.03 Specific Omissions
Any and all persons and entities, except those persons and entities specifically named herein, have been
intentionally omitted from this Trust Agreement. If any person or entity shall successfully challenge any
term or condition of this Trust Agreement, then, to that person or entity shall be given the sum of one dollar
($1.00) in lieu and in place of any other benefit, grant, or interest which that person or interest may have in
the Trust Estate.
Section 6.04 Benefits Confidential
The Settlor further declare that it is his desire and intent that the provisions of this Trust Agreement are to
remain confidential as to all parties. The Settlor directs that only the information concerning the benefits
paid to any particular Beneficiary shall be revealed to such individual and that no individual shall have a right
to information concerning the benefits being paid to any other Beneficiary.
ARTICLE SEVEN
Section 7.01 Distribution in Kind or in Cash
On any division of the assets of the Trust Estate in to shares or partial shares, and on any final or partial
distribution of the assets of the Trust Estate, the Trustee, at his or her absolute discretion, may divide and
distribute undivided interests of such assets on a pro rata or non-pro rata basis, or may sell any part of or all
of such assets and may make divisions or distributions in cash or partly in cash and partly in kind. The
decision of the Trustee, either prior to or on any division or distribution of such assets, as to what constitutes
REVOCABLE LIVING TRUST AGREEMENT
Page 12
a proper division of such assets of the Trust Estate, shall be binding on all persons interested in any trust
provided for in this Trust Agreement.
Section 7.02 Spendthrift Provision
Neither the principal nor the income of the trust shall be liable for the debts of a Beneficiary. Except as
otherwise expressly provided in this Agreement, no Beneficiary of any trust shall have any right, power, or
authority to alienate, encumber, or hypothecate his or her interest in the principal or income of this Trust in
any manner, nor shall the interests of any Beneficiary be subject to the claims of his or her creditors or liable
to attachment, execution, or other process of law. The limitations herein shall not restrict the exercise of any
power of appointment or the right to disclaim.
Section 7.03 Definition of Children
The terms "Child" and "Children" as used in this Agreement mean the lawful issue of a Settlor. This
definition also includes children legally adopted by a Settlor.
Section 7.04 Handicapped Beneficiaries
Any Beneficiary who is determined by a court of competent jurisdiction to be incompetent shall not have any
discretionary rights of a Beneficiary with respect to this Trust, or to their share or portion thereof. The
Trustee shall hold and maintain such incompetent Beneficiary's share of the Trust estate and shall, in the
Trustee's sole discretion, provide for such Beneficiary as that Trustee would provide for a minor.
Notwithstanding the foregoing, any Beneficiary who is diagnosed for the purposes of governmental benefits
(as hereinafter delineated) as being not competent or as being disabled, and who shall be entitled to
governmental support and benefits by reason of such incompetency or disability, shall cease to be a
Beneficiary of this Trust. Likewise, they shall cease to be a Beneficiary if any share or portion of the
principal or income of the Trust shall become subject to the claims of any governmental agency for costs or
benefits, fees, or charges.
The portion of the Trust Estate which, absent the provisions of this section, would have been the share of
such incompetent or handicapped person shall be retained in trust for as long as that individual lives. The
Trustee, at his or her sole discretion, shall utilize such funds for the maintenance of that individual. If such
individual recovers from his or her incompetency or disability and is no longer eligible for aid from any
governmental agency, including costs or benefits, fees, or charges, such individual shall be reinstated as a
Beneficiary after 60 days from such recovery and the allocation and distribution provisions as stated herein
shall apply to that portion of the Trust Estate which is held by the Trustee subject to the foregoing provisions
of this section. If said handicapped Beneficiary is no longer living and shall leave children then living, the
deceased child's share shall pass to those children per stirpes. If there are no children, the share shall be
allocated proportionately among the remaining Beneficiaries.
ARTICLE EIGHT
Section 8.01 Trustees
All Trustees are to serve without bond. The following will act as Trustees of any Trusts created by this Trust
Agreement, in the following order of succession:
REVOCABLE LIVING TRUST AGREEMENT
Page 13
First:
The undersigned, RICHARD N. GILBERT
Second:
At the death or incapacity of RICHARD N. GILBERT, GERALD LEHMAN
shall serve as First Successor Trustee.
Third:
JANET CONOVER shall serve as Second Successor Trustee.
Last:
A Trustee chosen by the majority of Beneficiaries, with a parent or legal guardian
voting for minor Beneficiaries; provided, however, that the children of any deceased
Beneficiary shall collectively have only one vote.
Section 8.02 Allocation and Distribution of The Trust Assets
The Trustees shall allocate, hold, administer, and distribute the Trust Assets as hereinafter provided:
Upon the death of the Settlor, the Trustee shall make any separate distributions the Trust Assets in
the manner hereinafter prescribed.
Section 8.03 Personal Propert~ Distribution
Notwithstanding any provision of this Trust Agreement to the contrary, the Trustee must abide by any
memorandum by the Settlor, particularly that contained in the section entitled "Special Directives"
incorporated into this Trust Instrument, directing the disposition of Trust Assets of every kind including, but
not limited to, furniture, appliances, furnishings, pictures, china, silverware, glass, books, jewelry, wearing
apparel, and all policies of fire, burglary, property damage, and other insurance on or in connection with the
use of property. Otherwise, any personal and household effects of the Settlor shall be distributed with the
remaining assets of the Trust Estate.
Section 8.04 Liability of Trustee
The Trustee will not be responsible or liable for any loss which may occur by reason of depreciation in value
of the properties at any time belonging to the Trust Estate nor for any other loss which may occur, except
that the Trustee will be liable for each Trustee's own negligence, neglect, default, or willful wrong. The
Trustee will not be liable or responsible for the acts, omissions, or defaults of any agent or other person to
whom duties may be properly delegated hereunder (except officers or regular employees of the Trustee) if
such agent or person was appointed with due care. The Trustee may receive reimbursement from the Trust
Estate for any liability, whether in contract or in tort, incurred in the administration of the Trust Estate in
accordance with the provisions hereof, and the Trustee may contract in such form that such Trustee will be
exempt from such personal liability and that such liability will be limited to the Trust Assets.
Section 8.05 Successor Trustees
Any Successor Trustee shall have all the power, rights, discretion, and obligations conferred on a Trustee
by this Trust Agreement. All rights, titles, and interest in the property of the Trust shall immediately vest
in the successor Trustee at the time of appointment. The prior Trustee shall, without warranty, transfer to
the Successor Trustee the existing Trust property. No Successor Trustee shall be under any duty to examine,
verify, question, or audit the books, records, accounts, or transaction of any preceding Trustee; and no
Successor Trustee shall be liable for any loss or expense from or occasioned by anything done or neglected
REVOCABLE LIVING TRUST AGREEMENT
Page 14
to be done by any predecessor Trustee. A Successor Trustee shall be liable only for his or her own acts and
defaults.
ARTICLE NINE
Section 9.01 Perpetuities Savings Clause
Notwithstanding any other provision of this instrument, the Trusts created hereunder shall terminate not later
than twenty-one (21) years after the death of the last survivor of the Settlor and any other Beneficiary or
Beneficiaries named or defined in this Trust living on the date of the death of the Settlor. The Trustee shall
distribute remaining Trust principal and all accrued or undistributed net income hereunder to the Beneficiary
or Beneficiaries. If there is more than one Beneficiary, the distribution shall be in the proportion in which
they are Beneficiaries; if no proportion is designated, then the distribution shall be in equal shares to such
Beneficiaries.
ARTICLE TEN
Section 10.01 Governing Law
It is not intended that the laws of only one particular state shall necessarily govern all questions pertaining
to all of the Trust hereunder.
The validity of the Trust hereunder, as well as the validity of the particular provisions of that Trust,
shall be governed by the laws of the state which has sufficient connection ~ith the Trust to support
such validity.
The meaning and effect of the terms of this Trust Agreement shall be governed by the laws of the
Commonwealth of Pennsylvania.
The administration of this Trust shall be governed by the laws of the state in which the principle
office of the Trustee then having custody of the Trust's principal assets and records is located.
The foregoing shall apply even though the situs of some Trust Assets or the home of the Settlor, a Trustee,
or a Beneficiary may at some time or times be elsewhere.
Section 10.02 Invalidity of Any Provision
If a court finds that any provision of this Trust Agreement is void, invalid, or unenforceable, the remaining
provisions of this Agreement will continue to be fully effective.
Section 10.03 Headings
The use of headings in connection with the various articles and sections of this Trust Agreement is solely
for convenience and the headings are to be given no meaning or significance whatsoever in construing the
terms and provisions of this Agreement.
REVOCABLE LIVING TRUST AGREEMENT
Page 15
Section 10.04 Internal Revenue Code Terminology
As used herein, the words "Gross Estate," "Adjusted Gross Estate," "Taxable Estate," "Unified Credit,"
"State Death Tax Credit," "Maximum Marital Deduction," "Marital Deduction," and any other word or
words which from the context in which it or they are used refer to the Internal Revenue Code shall be
assigned the same meaning as such words have for the purposes of applying the Internal Revenue Code to
a deceased Settlor's Estate. Reference to sections of the Internal Revenue Code and to the Internal Revenue
Code shall refer to the Internal Revenue Code amended to the date of such Settlor's death.
REVOCABLE LIVING TRUST AGREEMENT
Page 16
SPECIAL DIRECTIVES
OF
RICHARD N. GILBERT
I, RICHARD N. GILBERT, a resident of the County of Cumberland, Commonwealth of
Pennsylvania, being of lawful age, and of sound and disposing mind and memory, and not acting under
duress, fraud, or undue influence, hereby make, publish and declare this to be my Special Directive, and I
incorporate THE RICHARD N. GILBERT REVOCABLE LIVING TRUST AGREEMENT.
The natural objects of my affection are:
1. My Children - None
FIRST
SECOND
I direct that all estate and inheritance taxes payable as a result of my death, not limited to taxes
assessed on property, shall be paid out of the residue of my Estate, and shall not be deducted or collected
from any League, Devisee, or Beneficiary hereunder.
THIRD
In the event any of my named Beneficiaries should predeceased me, all of that person's share of the
Trust Estate is to be divided equally among that person's issue per stirpes unless otherwise stated in these
directives.
FOURTH
I direct that, before any distribution of the assets of the Trust Estate to the named Beneficiaries,
certain specific distributions, if any, shall be made from the assets as set forth on the list attached hereto and
marked "Exhibit A."
FIFTH
I direct that my estate shall be divided equally among all my surviving nieces and newphews.
REVOCABLE LIVING TRUST AGREEMENT
Page 17
DATED to be effective this
day of ,
SETTLOR:
RICHARD N. GILBERT
ACCEPTED BY TRUSTEE:
RICHARD N. GILBERT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
This instrument was acknowledged before me on the date herein set forth by RICHARD N.
GILBERT as Settlor and Trustee to certify which witness my hand and seal of office.
Notary Public, Commonwealth of Pennsylvania
REVOCABLE LIVING TRUST AGREEMENT
Page 18
RCC-89
COI~IONWEALTI! OF PENNSYLVANIA
Department of Revenue
ENTRY INTO SAFE DEPOSIT BOX
TO REMOYE A WILL OR CEKETER¥ DEED
(Date of Entry).
3. Date cf death:
4. N~me ~nd address of person who requested the opening of ~he box:
5. Name and ~ddress of the financial institution where the safe deposit box is
7. Title under which box is regis[ered:
8. Was there a will in the box? (Yes or~
9. If yes, state date of will, name and address of personal representative, if
named in the will~ and name and address of attorney, if any:
And now this 2~ aay of /~t.16tt.%T , l~o 2~>01 , I hereby
certify under penalty of perjury that the above record is~corr ct and co~lete
Print Hame a~d Title
CO~MONWEAtTI¢ at eEidNSYtVA~II,
DEPARTMEN! OF REVENUE
IJ'IHERITAHCE TA)J DIVIIlON
HARRISBURG, PA l?l~e.~t
COUNTY CODE ,J~.~ FILI~ NUMBER
DI~CEDENT'S NAME ItAST, FIRSl, MIDDLE)
ADDRE~S$ OF DECEDENT ISTREEq
~ o &ARAS.-- ~OA 0
i~AMEINAME AND ADDRESS OF PEeSON'/REOUE~.hO ~H~ OPEHiNG OF lflE SAFB D~POII~ ~OX
IStR~ET ADDRESS)
?__?~
~IAME)
(STREET ADDRESS)
I,. (NA~E) ';
~ELAtlOHSt~I~)
l/(ClTYi ~ · ISTAT~I IZIP CODE)
~'lle ".. I"A. ,... 17z¢,i ..,
tRI~LAtlO~sHli'I
ADDRESS)
j¢ltY! iStATE) {~)P CODEI
ICltvl
IStREET ADDRESS) ] .
/dA, .'n o~OAL
(STATEI {zip (:DOE)
jJiJ NAME OF PERSON M. AKIN? LASTi~NIR¥
IJ~ DAtE OF CONTRACT 1'O RENT NUMB~O~tBOX
NAM! AND ADDRESS OF P~RsoN.(sJ.HAViHo AcCESS'tO bOX
e. ~AMEI , bJ INAMEI
JSTREE~ ADDRESS)
8~L ca-e.t-ts~ go~o
· IO,I1 lSTA*EI izlP CODEI
Dou~a~ E. Lt~OSA~ d~C~
($1REET ADDRESS)
iclTYJ
ISTATEI t~ll' caPEl
· SAFE DEPOSIT BOX ii~iVENYORY ~ge~.~*
iN5TRUCTiONS' , r .
Cash: Reporl )otol
t0 be deslgnaled by n0m~ o~ company/ceHiticate nu~beh dot~ ~I ceHilicate~ ~t,~ ~fl which ~toc[ is registered,
0nd number of shares dnd cld~s o~ sloe[.
and type o~ ow,e~shlp,~Le., iobfly held, poya[le ~, de0~h~ ~k. '
boo[, nome of bani and branch, a,d.[alone,.
I.
fully as possible.
UfiO~R PENALTY OF ~JURY THAT 1HE ABOVE RECOR~ iS PERSON RECEiviNG COPY OF
CORREC~ND C~rLE~ lfl~BE~l oF MY kNoWtt~gE ANO aEtltF. ~AFE ~EpoSli~oX INVENto~Ye
COMPANY. INC.
:'SET TLEMENT
SELLER NAME
ADDRESS
DATE OF AUCTION
PHONE.
ZIP
'i.ocAT~ON OF AUCTION · '~'V"~, I I~
AUCnONEER ~ ~'"/~ I 1
.:, PHONE
TOTAL RECEIPTS $ ~'~ '-j ~'j "-7
LESS TOTAL EXPENSES $ I"7 I C)
I (or we), the seller, accept this settlement and acknowledge receipt of the above specified net proceeds
from the auction of my goods and property sold on the above date. I accept all responsibility for providing
merchantable title t,,~'all good~ and property sold, and for delivery of title to the purchaser. __
- - Auctioneer or Cashier s Signature (Seller s Signature) / /
/~/~ /O[ ..Date Dote
/ (Seller's Signature)
SELLER'S COPY
J FRY COMMUNICATIONS, INC..
800 WEST CHURCH ROAD, MECHANICSBURG, PA 17055
PHONE: (717) 766-0211 FED. ID. 23-1885979
:DNARD SHULL
kUCTI ONEER
~.D. #1, BOX 830
.ANDI SBURG
PA 170aO
TI'EFINANCECHARGEIS~BYAPEPJOOICRATEOF 1.50 %PER
30 DAYS (A MINIMtJM CHARGE C~ 50 CHH'TS) VM-IICH IS AN ~ PERCENT.
AGE RATE OF 18.00 % APPUED TO PAST DUE BALANCe_
CU~OMER NO. REFERENGE NO. DA~ INVOICE NO. PAGE
00450 GU[DE 09/26/01 007~508
DUE ON RECEIPT
:TANT: DETACH AND RETURN WITH YOUR PAYMENT.
AMOUNT PAID $
THE GUIDE - ADVERTISING
*E DESCRIPTIOH ZONE QTY
'20/01 OCTOBER 5 - GILBERT 9 1.00
'26/01 OCTOBER 6 SALE. SILL 1.00
YOUR AOVB. RTISIHG NEEDS CALL SHERRI 'CARR
FRO ID # 231885979
RATE
197.00
40.00
SUB TOTAL
SALES TAX
INVOICE TOTAL
197.00
40.00
237,00
-v....,..~....~..--.._.~. ~'OMM) )l~JiF~AmiOl~l~',x~_.llkl'n, aoo w. CHURCH RD. PLEASE PAY THIS AMOUNT
MECHANICSBURG, PA 17055
FRY COMMUNICATIONS, INC.
800 WEST CHURCH ROAD, MECHANICSBURG, PA 17055
PHONE: (717)766-0211 FED. ID. 23-1885979
iDNARD SHULL
,UCTI ONEER
',0. ~1 GOX ~30
!
ANDI SBURG
PA 17040
THEFINANCECHAEGEIS~BYAPEI~OOiCRAllEOF 1.50 %PER
30 DAYS (A i~MMUM CHARGE OF 50 CENTS) V~iiCH iS AN ANNUAL PERCENT.
AGERATEOF 18,00 %AFN:N-IEDTOPASTDLEBALANC~
CUSTF.~=R ~. EE~E NO. DA~ I~CE NO. PAGE
00450 GUIDE 10/03/01 0074760
J~ NO. ~RMS
DUE ON RECEIPT
TANT: DETACH AND RETURN WITH YOUR PAYMENT.
AMOUNT PAID $
03/01
THE GUIDE - ADVERTISING FED IL)
'J~- SC ', I PT ION ZONE UTY RATE
'JCIJSE2 0 - GIL~3Ei-,'I' 9 12.00 19.75
231885979
YiSU?~ AJV~RTISI;IG NEiOS CALL SHERRI CARR
SUN TOTAL
SALES TAX
INVOICE TOTAL
237.00
237,00
DMMUNICATIONS, INC. 800 w. CHU.C. ao. PLEASEPAY THIS AMOUNT
MECHANICSBURG, PA 17055
NEWSPAPER PUBUSHERS COMMERCIAL PRINTERS
23 S. B~ Sp~ Avenue, P.O. Box 1~0 New~k~. Pt 172414)1~O
TELEPHONE 77~-3197
ED SHULL AUCTIONEER ~
5239 WAGGONERS GAP ROAD
LANDISBURG, PA 17040 VES
/
Advertising in Valley Times-Star during the month of CHARGES
Sept. 26 Oct. 3 $ 190 40
U.~
476 476
C~TT.RERT ESTATE SAL~ - 10/06/01
AMT DUE IF PD BY 10/26/01 $ ~ 171 3~
Interest of 1'~ % per month. 18% per year. cha all accounts after 30 days
The minimum FINANCE CHARGE is 50' per month on Balances $33.00 or less
POST OFFICE BOX 100 ~ SHIPPENSBURG. PA *17257--
TELEPHONE *, 532-4101
ED SHULL ~UCTIONEER
5239 WAGGONERS GAP ROAD
LANDISBURG, PA 17040 NES
Advertisi~ in NEWS~HRONICLE during month of CHARGES
.Se~t. 25 SEpt. 28 Oct. ~ Oct. 5 $ 437 92
Unes 476 476 476 476
Gilbert Estate - Oct. 6~ 2001
AMT DUE IF PD BY 10/26/01 $ ~94 12
Interest of 1% % ~ , Per year, charged on all accounts after 30 days
The minimum FINANCE CHARGE is 50c Per month on Balances $33.00 or less
SATURDAY, OCTOBER 6, 2001 -- 9:00 A.M.
ANTIQUES, HOUSEHOLD GOODS, GUNS AND TOOLS
Located at the Newville Fairgrounds Lions Club Building, 1/2 mile west of Newville along Rt.
#533.
HOUSEHOLD GOODS
Tappan H.D. automatic washer; Tappan electric dryer (both 2 yrs. old); Frigidaire refg./
freezer; Signature upright freezer; 6 pc. dining room suite; 5 pc. dinette set; granite table and 4
chairs; 2,3 pc. bedroom suites; couch; 3-upholstered chairs; upholstered rocker; Sylvania 27"
color TV w/remote; Magnavox VCR; console stereo; Wards microwave; microwave stand;
Signature electric sewing machine; window A/C unit; Oreck sweeper; Eureka sweeper; electric
broom; homemade bookcase; small desk; 2-drawer filing cabinet; end tables 2-bar stools; foot
stools; wicker and metal flower stands; misc. stands; metal folding step stool; sheets, blankets,
comforters, towels, etc.; 2-wicker clothes baskets; 3-metal cabinets; jewelry boxes; sewing
box; misc. clocks, radios, lamps, pictures and fans; Trimline exercise bike; quartz heater; lawn
chairs; metal tub; Christmas decorations; misc. small kitchen appliances; bowl and pitcher sets;
salt and peppers; Club aluminum pots; canning jars; pots; pans; dishes; silverware and other
items not mentioned.
ANTiqUES
Nice oak sideboard; pine dry sink; dovetailedblanket chest; Lane cedar chest; cedar ward-
robe; rocking chair; 4-plank bottom chairs; 2-pressed back chairs; small sewing stand; child's
rocker; German cuckoo clock; fancy Ansonia mantel clock; Big Ben and Baby Ben clocks;
Tiffany type lamp; kerosene lamp; Aladdin type lamp w/fancy base; good Cowden #8 crock
w/ears; 2-pcs. of pink depression; Carnivalware bowl; set for 8 of Hall superior quality dinner-
ware; pressed and pattern glass; small glass baskets; ruby red cups; few chicken on the nests;
fancy glass lamps w/red globes; Wellons I cent fruit ball jar; box of doilies; old photo album
w/velvet; Civil Defense arm patch and whistle; Newville Fire Dept. badges; old postcards from
Newville and others; wicker baskets; comb case; small iron and copper kettleS; milk can;
stuffed animals; games and puzzles; pencil box; 2-slawboards; blue canning jars; 78 records;
etc.
GUNS, KNIVES, ETC.
(GUNS TO BE SOLD AT 12:00 NOON)
Rem. M#760-270 w/scope; Win. Pre 64, M#94 32 spl.-S #1791435; Stevens/Browning
M#620 12 ga. pump-S #U80262; Crescent Arms 12 ga. single barrel (1888-1893); Marlin
M#81 22 cal. bolt action; Rem. M#572-22 cal. pump w/scope; 6-gun gun case; new Rem. and
Case sheath knives; new Rem. folding knife; York sheath knife; Rem. 175th Anniversar~ tin, full
of 22 shells; Rem 1st in the Field playing cards and 22 shells; Rem. belt buckle; 3-pa~r of bin-
oculars; hand warmers; 10 channel scanner.
TOOLS
Yard Machine 17 H.P. riding lawn mower; Wards push mower w/bagger; McCulloch chain
saw; McCulloch .gas leaf blower; Homelite weed wacker; B&D circ. saw; 14' aluminum exten-
sion ladder; plastic sprayer; extension cords; wallpaper tools; few lawn, garden and hand tools
and other misc. items.
ID required for bidder's number.
Not responsible for accidents.
Lunch stand reserved.
Ed Shull, Auctioneer, Lic. # 1395-L Estate of Richard (Gib) Gilbert
789-4100 Phone 776-7227
A. Settlement Statement
B.- Type of Loan
,1. [] VA 5.[~( Cony [ns.
C. NOTE: This form is furnished to give ~
Items marked "p.o.c." were pa~
I~. NAME AND ADDRESSi. OF BORROWER
E~ 'N~ME AND ADDRESS OF SELLER:
G. PROPEI~rY 80 C_~RLISLE ROAD
LOCATION: NEWVILLE. PA 17241
ili~ :::;'":::'::: :':" '"":':' :" ' ....... '"' ::': ::::..":::. '"'
L SETi~EMENT DATE:
~rch 29. 2002
~v Un,ns. File NumberSTOUFFERR Loan Number Mortga,, Insurance ,,,,~se Number
. a st~teraent of ectual sett~ment oosts. Amounts peid to ~nd by the seU~me~,[ agent ere shown.
~utside of closes; they ere shown here for informat~nal purposes and are no, included in the totals.
RONALDH. STOUF~ER:':~nd,~IANNA [.STOUEER
85 S.:, HIGH STREET.,':'NEWV[ILE; PA:!:,17241:
RICHARD N GILBERT REVOCABLE LIVING TRUST
275 GREEN HILL ROAD. NEWVILLE. PA 17241
M & T]HORTGA~ECORPO~ION :'::::.-
227~ERINGOI~RT~:iANCASTER:P/~7601
properly
~.~:~.~¥::..:....,,~ ..:..~.~ :..: ....~:::. =:
~JU~I"MENTS F~ EEMS PAID BY SE~ LER IN ADVANCE:
-~."~-::~fi~W:';.:":;":: '.'::.'.:. '::: :;'to . : . =======================
~'~ u~m',m, 3/29/02,o12/31/02 168.45
~ ~, '~k*~m~i" ::': r3 / 29 / 02 i~ 6 / 30 / 02 ~ :'~??~ ~22~::.;~ 55
94,220.14
1~. (~R~ AMOU~ DUE FROM B~OWER:
~. (~MOU~S PND:BY OR IN BEH~F ~ BORROWEE · :::..-:' :' . :'::':.'
~,:'...,, ........ , .... , I z, ooo. OB
~:::~::~. ..... :. .
~..~:::': .SELLER C~TR[B~T~:.TO*8U~:: : 2 ~:000..00
209.
ADJUSTMENTS FOR ITEMS UNPAID BY SELLER:
SUMMARY OF SELLER'S TI': qSACTION
TO SELLER:
90,000. O0
AOJUS~MENT. S FOR ITEMS PAID BY SELLER IN ADVANCE:
,~?: C"n'.y ;".. 3/29/02,o12/31/02 168.45
,. 222.55
90,391 .00
420. GROSS AMOUNT DUE TO SELLER:
500~; REDUCTIONS IN AMOUNT DUE TO SELLER:
50[ Pa¥olt of leCOnd mortgage loan
soo:.' SELLER CONTR[BUATIOJ~ TO BUYER 2,000. O0
507.
501.:'i'
509.
ADJU~'MENTS FOR ITEMS UNPAID BY SELLER:
514.
79,500. O0
220. TOTAL PAID BY/FOR
BORROWER:
300.::.C ASH ' ATi :~'M[NIF~O::~,'pOFFIOWER: -.?
301. Gross a~nt due fro~.l:~OC~(~t~er .(.!!ne 12O) .
~o~. CASH (~=ROM) (FI TO) ~O~OWm '
518.
620. TOTAL. REDUCTIONS ' 6, 523. '1'7
IN AMOUNT DUE SELLER:
.: ..~.:;~: ~: ::::~:~: 1600.':CASH AT SETTLEMENT TO/FROM SELLER: '
'~'2md.mi~l*': .os'; ;=~*%e to setler (,ine420} / ~o, 3~. ou
PAGE I
HUD-t IRev. 3laB}
700. TOTAL SALES/BIlKER's coMMissioN
:SETTLEMENT CHARGES,,.
BASED ON PRIC~ $ 90, 000 · O0 ~ 3 · 500~, - 3, 150 · O0
DIVISION OF COMMISSION (LINE 7001 AS FOLLOWS:
~ 3 t 1:50 ~ 0.0/ ' '.' tO B-H .AGENCY G~C
702 ~
OMB No. 2502-0265
PAID FROM
BORROWER'S
FUNDS
AT
SE3-rLEMENT
704,
~. ITEMS PAYABLE IN CONNECTION WITH LOAN:
eOE. Loan dilcount
J
~O~m~i~i';t.. t~L '_'.
PAID FROM
SELLER'S
FUNDS
AT
SET-rLEMENT
3,150.00
275:.001
804. Credit report tO:
H&T HORTGAGE COPd~ORATION
4o.ooj
BOm. DOC PREP FEE TO M&T 'HORTGAGL cORPORATION
mOL. ::",' ~ : UNDF+RWRITING FEF; !:O"H&T HOR1,,6GE CORP: . .;::: ::..:: :::. :.: :
385.0o '
902. Morlaeoe Inaur~nce uremlum for rode. 1o
~(~i':.~arl~':~J~)m~iJlhlte:~;J~N~:tot::'. , ?,, , : yr~; I~ ::' ',. ':.,':~:,::',' ".::..'::~ ,
'~:1~'~S DEP~I~D WITH LENDER: rHm Jml r m ,
28G.88[
months ~ $
fl0T, Attorney', leea 10 GRIFFIE & ASSOCIATES
1101
[N~S[MENIS ~0 SI[~I lIl~[ 100,300,900
CLOSI ~' ~OT[CTI~:"~' TO '"STENT'. TI T~ ':::::. :r"::::::?~'::;~;'L:';~?:' .'::~ :h.':':':': .' :~' 7 ::.~:
1~, GOVERNMENT RECORDING AND TRANSFER CHA~ES:
I~;'Rwcord~. feel: x::., :O,~':j-.::::.::':'~:~::.:'~5~[~.5~;::':~:~::Mo~<~::]:::::::f~[?:]:~5?., 50':.::'..:*
1~2. ~lv/countv tl~ltlm~l; geld
1~. ADDITIONAL S~E~ENT C~GE~'
10.00
798.75
150.00
35.00
83.00
900.00
250.00~
900.00.
1302. Pe,I the.lotion ,o PENN PEST 35. O0
t3ol. WTR/PUMP TEST TO WH1SLER'S WATER TREATMENT 110. O0 '- .....
f3~. , OVERNIGHT.Ft~I~:: , ........... . ......... 20.50
~, 2002 C~NTY TAXES TO DEBO~H PIPER TAX COLL.
14~, TOTAL 8~EMENT CrinGE8 3, 829.14 A , 523. ] 2
LIVING TRUST
B ........ ~ Date: 3/29/02 Seller or
. Age.,: Da,e: 3 / 29 / 02
221.17,
REGISTER OF WILLS OF CUMBERLAND COUNTY
INVENTORY AND APPRAISEMENT
Estate of RICHARD N. GILBERT, Deceased No.
Date Acquired Description
Account #
Amount
Years
Years
6/1/89
6/1/89
Years
8/27/01
8/27/01
8/27/01
· 8/27/01
8/27/01
8/27/01
8/27/01
8/27/01
271 Shares ACNB Corp. - Publicly Traded Stock
4 Shares AT&T Corp - Publicly Traded Stock
Cadillac Deville Coupe-54,502 miles-Sales Price 2/18/02
Chevrolet S10 Pickup w/Long Bed-50,000 miles-Sales Price
Auction of Personal Property-Railoc Co. Inc
AAA of PA-Refund of dues
American Legion-Death Benefit
American Legion Home Association-Death Benefit
Comcast Cable Services Refund
Mutual of Omaha - Refund of Premium
Mutual of Omaha - Refund of Premium
Discover Card Services - Refund
United States Treasury - Refund of federal income tax
$4,959.00
$77.00
$4,250.00
$1,800.00
$8,345.00
$16.00
$100.00
$100.00
$7.00
$54.00
$360.00
$43.00
$111.00
Personal Representative(s) of the Estate~/~~
~_. x~ ~--~.~~---~- verify
that the items appearing in the above Inventory include all (~f the personal assets wherever
situate and all of the real estate in the Commonwealth of Pennsylvania of said decedent; that the
valuation placed opposite each item of said Inventory represents its fair value as of the date of the
Decedent's death, and that decedent owned no real estate outside of the Commonwealth of
Pennsylvania except that which appears in a memorandum at the end of this inventory. I/We
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section
4904 relating to unsworn falsification to authorities.
Attorney
STATUS REPORT UNDER RULE 6.12
Name of Decedent: Richard N. Gilbert
Date of Death:
08-27-2001 File Number: 2002-00088
WillNo.: Admin. No.:
Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the
following with respect to completion of the administration of the above-captioned estate:
1. State whether administration of the estate is complete:
Yes
~ ~ No [] Pennsylvania REV 1500 taxes have been
filed and accepted
2. If the answer is No, state when the personal representative reasonably believes
that the administration will be complete:
3. If the answer to No. 1 is Yes, state the following:
Did the personal representative file a final account with the Court?
Yes _ No [~
b. The separate Orphans' Court No. (if any) for the Personal representative's
account is:
c. Did the persOnal representative state an account informally to the parties
in interest? Yes l~l No [--]
Co
Copies of receipts, releases, j oinders and approval of formal or
informal accounts may be filed with the Clerk of the Orphans' Court
and may be attached to this report.
Signature
Brett B. Weinstein
Sanle
Capacity:
707 W. DeKalb Pike,
Ad.ess
(610) 337-3733
King of Prussia,
PA 19406
Telephone No.
[--] Personal Representative
I-X-] Counsel for personal representative