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HomeMy WebLinkAbout03-0588BUREAU OF ZNDZV/DUAL TAXES TNHERITANCE TAX DTVTSZnN DEPT. 280601 HARRXSBURG, PA 171Z8-060! COMMONNEALTH OF PENNSYLVANZA DEPARTMENT OF REVENUE ZNHERZTANCE TAX STATEHENT OF ACCOUNT REV-i&O? EX AFP C01-OS) HERSHEY TRUST CO 100 MANSION RD EAST PO BOX 445 HERSHEY PA 17055 DATE 06-01-2004 ESTATE OF OBRIEN DATE OF DEATH 07-05-2005 FZLE NUMBER 21 05-0588 COUNTY CUMBERLAND ACN 101 Amount: Rem'i 'l:'l:ed JANET HAKE CHECK PAYABLE AND REHZT PAYMENT TO: REGISTER OF NTLLS CUMBERLAND CO COURT HOUSE CARLTSLE, PA 17015 NOTE: To insure proper credi~ ~:o your account:*, submi~ ~:he upper por~:ion of ~:his form wi~h your ~:ax peymen~c. CUT ALONG THZS LZNE ~ RETAZN LONER PORTZON FOR YOUR RECORDS REV-1607 EX AFP (01-03) ### INHERZTANCE TAX STATEMENT OF ACCOUNT ESTATE OF OBRIEN JANET M FZLE NO. 21 05-0588 ACN 101 DATE 06-01-2004 TH/S STATEHENT TS PROVZDED TO ADVTSE OF THE CURRENT STATUS OF THE STATED ACN TN THE NAHED ESTATE. SHO#N BELO# TS A SUHHARY OF THE PR/NCTpAL TAX DUE., APPL/CAT'rON OF ALL PAYHENTS*, THE CURRENT BALANCE,, AND,, ZF APPL/CABLE,, A PROJECTED ZNTEREST FZGURE. DATE OF LAST ASSESSMENT OR RECORD ADJUSTMENT: 05-17-2004 PRINCIPAL TAX DUE: .......................................................................................................................................................................................................................... PAYMENTS (TAX CREDITS)= 8,$41.52 PAYHENT RECEIPT DISCOUNT (+) DATE NUMBER INTEREST/PEN PAID (- AMOUNT PAID 10-02-2005 05-17-2004 CD005078 REFUND 417.08 .00 XF PAXD AFTER THZS DATE,, SEE REVERSE SIDE FOR CALCULAT/ON OF ADDZT/ONAL INTEREST. ( XF TOTAL DUE [S LESS THAN $1, NO PAYHENT ZS REQU/RED. 8,000.00 75.56- TOTAL TAX CREDZT BALANCE OF TAX DUE 8,541.52 .00 ZNTEREST AND PEN. .00 TOTAL DUE .00 ZF TOTAL DUE 1S REFLECTED AS A "CREDXT" (CR), YOU HAY BE DUE A REFUND. SEE REVERSE SZDE OF TH~S FORH FOR ZNSTRUCT[ONS. PAYMENT: Detach the top portion of this Notice and submit aith your payment made payable to tho name and address printed on the reverse side. -- [F RES[DENT DECEDENT make check or money order payable to: REGZSTER OF NILLS, AGENT. -- [f NON-RES[DENT DECEDENT make check ar money order payable to: CONNONNEALTH OF PENNSYLVANIA. REFUND (CR): A refund of a tax credit, which was not requested on the Tax Return, may be requested by completing mn "Application for Refund of Pennsylvania inheritance and Estate Tax" (REV-13[~). Applications are available at the Office of the Register of Hills, any of the 23 Revenue District Offices or from the Department's Z4-hour answering service for forms ordering: 1-BOO-36Z-2050~ services for taxpayers with specie! hearing and / or speaking needs: 1-800-4~7-3020 (TT only). REPLY TO: Questions regarding errors contained on this notice should be addressed to: PA Department of Revenue, Bureau of individual Taxes, ATTN: Post Assessment Review Unit, Dept. 280601, Harrisburg, PA 171ZB-O60l, phone (717) 7B7-6505. DISCOUNT: [f any tax due is paid within three (3) calendar months after the decedent's death, a five percent (SZ) discount of the tax paid is allowed. PENALTY: The 15Z tax amnesty non-participation penalty is computed on the total of the tax and interest assessed, and not paid before January 18, 1996, tho first day after the end of the tax amnesty period. iNTEREST: interest is charged beginning with first day of delinquency, or nine (9) months and one (1) day from the date of death, to the date of payment. Taxes which became delinquent before January 1, 1982 bear interest at the rate of six (6Z) percent per annum calculated at a daily rate of .000164. AIl taxes which became delinquent on and after January 1, 198Z will bear interest at a rate which will vary from calendar year to calendar year with that rate announced by the PA Department of Revenue. The applicable interest rates for 1982 through 2004 are: Interest Daily Interest Daily Interest Daily Year Rate Factor Year Rate Factor Year Rate Factor 1982 lOX .000548 1988-1991 11Z .O0030X 2001 9Z .000247 1983 16Z .000438 1992 9X .0002q7 ZOOZ 6Z .O0016q 19B~ llZ .000301 1993-1994 7Z .O0019Z 2003 5Z .000137 1985 13Z .000356 1995-1998 9Z .O00Zq7 ZO0~ 4Z .000110 1986 log .000274 1999 72 .O0019Z 1987 9Z .000Z47 2000 8Z .000219 --interest is calculated as foI1ows: INTEREST = BALANCE OF TAX UNPATD X NUI~BER OF DAYS DEL/NQUENT X DA'rLY 'rNTBREST FACTOR --Any Notice issued after tho tax becomes delinquent will reflect an interest calculation to fifteen (15) days beyond the date of the assessment. If payment is made after the interest computation date shown on tho Notice, additional interest must be calculated. PETITION FOR PROBATE and GRANT OF LETTERS Estate of Janet M. 0' Brien also known as Janet Margaret 0' Brien Social Security No. Deceased. 202-46-995§ NO. To: Register of Wills for the County of Cumberland Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older an the executor in the last will of the above decedent, dated -NoYemb~r 4 and codicil(s) dated in the named , ~t 2002 (state relevant circt~l~[~ilri'c"es,:~:[, renunciation, death of executor, etc.) Decendent was domiciled at death in Cunlber] and County, Pennsylvania, with h last family or principal residence at 321 Cascade Road t4ochanic~hmJrn~; PR 17fl_~_~ (list street, number and muncipality) Decendent, then 47 years of age, died July 3 ,Xlngt 2003 , at Hnl? g.nirif_ Hnnpital; £umberland County: Penns¥1vanii~ 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: Decendent at death owned property with estimated values as follows: (If domiciled in Pa.) Ail personal property (If not domiciled in Pa.) Personal property in Pennsylvania (If not domiciled in Pa.) Personal prop.erty in County Value of real estate in Pennsylvania situated as follows: 32'[ Cascaade Road $ 300:000.00 $ $ $ 100~UOU.UO Mechanicsburg, PA 17055 WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) pre~ented herewith and the grant of letters testanlentar¥ theron. (testamentary; administration c.t.a.; administration d.b.n.c.t.a.) Robert K ~' Ix~lg-~e-i- t/ = Vice President & Irust OtficeP Hershey Trust Company 100 Mansion Road East Horqhoy~ PA 17fl3.~ OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA '1 COUNTY OF }- ss The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are true and correct to the best of the ki~owledge and belief of petitioner(s) and that as personal represen- tative(s) of the above decedent petitioner(s) will well and ~rgJ-y~admi~iscer the,,~'t~e~c~ding to law. be~r~ ~e~his~~ day of / / ~ '' ' ~ ~ ~ ~~ 1o/ / ~ Estate of Janet M. 0'Brien , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW 19 .... 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~ November l$, 2002 described therein be admitted to probate and filed of record as the last will of Janet M. 0' Brien and Letters Testamentary are hereby granted to Hershey Trust Company FEES Probate, Letters, Etc. b.~. $. 341.00 Short Certificates( ) ... :.¥ .... $ 30.00 AW~t~gi~t~...QCP .......... $ 10.00 $ TOTAL __ $ 381.00 Filed ................................... Elyse E. Rogers, ID~41274 ATTORNEY (Sup. Ct. I.D. No.) 415 Fallowfield Road, Suite 102 Camp Hi 11, PA 'ADDRESS 17011 717-612-5801 PHONE '~is is to cert iS' t~at the intbrmation here given is correctly copied from an original certificate of death duly filed with me as l.,,,cal .Rt;gistraJ.. The original certificate will be forwarded to the State Vital Records Office for permanent ~ling. WARNING: It is illegal to duplicate this copy by photostat or photograph. Fec fbr this certificate, $2.00 P 9331215 No. Local Registrar ,, Janet Margaret O'Brien COMMONWEALTH OF PENNSYLVANIA · DEPARTMENT OF HEALTH · VITAL RECORDS CERTIFICATE OF DEATH J i 45/12/1956 [,Wilkes-Barre p/~.~'--~ Clerk ~ist ,,.~ t. of H~lth '"' P ' "" -.. {'~ 321 ~s~de R~d ~,u~ ,,. m,. Pe=sylv~ia ,,..~ ~ ~. U~r Allen ,,. ~CS~g, PA 17055 ~ ~r,~,.~ [,,. ~uise O1~ ~o ~ ~u ~o ~,.-, I-~ '~ ........ ~ ...... I~'='~'~'''''~ ~u ~ O{,,,.July 5~ .2003 {,,, ~te of Haven ~t ~~~" ~'~'~ ............... ~ ....... I [*~f,~i._, ~ ....................... / /~ ~ ..~m~,~ CJI I tm D *D/ I. g= Las{ OF JANET M. O'BRIEN I, JANET M. O'BRIEN, of Upper Allen Township, Cumberland County, Pennsylvania, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me heretofore made. ITEM I: I direct that all inheritance and estate taxes becoming due by reason of my death, whether such taxes may be payable by my estate or by any recipient of any property, shall be paid by the Executor out of the property passing under ITEM IV of this Will, as an expense and cost of administration of my estate. The Executor shall have no duty or obligation to obtain reimbursement for any such tax so paid, even though on proceeds of insurance or other property not passing under this Will. ITEM II: I direct the Executor to pay the expenses of my last illness and funeral expenses from the property passing under this Will as an expense and cost of administration of my estate. ITEM III: I may leave a written statement or list in my safe deposit box disposing of certain items of my tangible personal property. Any such statement or listing in existence at the time of my death shall be determinative with respect to all items bequeathed therein. If no written statement or list is found in my safe deposit box or elsewhere and properly identified by the Executor within thirty (30) days after the probate of my Will, it shall be presumed that there is no other statement or list. Any subsequent discovered statement or list shall be ignored. I give to my son, SEAN MATTHEW O'BRIEN, all of my household furniture and furnishings, books, pictures, jewelry, silverware, Page I ~~ automobiles, wearing apparel and all other articles of household or personal use or adornment not identified in the written list mentioned above and all policies of insurance thereon. I specifically request that the Executor retain for my son, or distribute to or for my son, his books, trucks, toys, trophies, his Christmas tree and Christmas ornaments, all photo albums, and other items of memorabilia which he requests. If my son has not attained the age of eighteen (18) years at the time of my death, and the Executor thinks any property to which he would become entitled is unsuitable for his use, the property shall be sold and the proceeds shall be added to the share of my residuary estate held for his benefit. If my son has not attained the age of eighteen (18) years at the time of my death, the Executor may deliver any property to which he is entitled and which is not sold to the person with whom he resides or who has the care or control of him (without bond), and the receipt of that person shall be a complete release of the Executor. ITEM IV: I give all the rest, residue and remainder of my estate, not disposed of in the preceding portions of this Will, to HERSHEY TRUST COMPANY, as Trustee, for the benefit of my son, SEAN MATTHEW O'BRIEN (the "Beneficiary"), to be administered and distributed as follows: (a) I request that the Trustee remind the Beneficiary, upon his attainment of the age of twenty (20) years, to obtain a colonoscopy. I request that this reminder be provided to my son every year after he attains the age of twenty (20) years, until termination of the Trust. (b) Trustee shall pay to or for the benefit of the Beneficiary so much of the net income, in convenient, at least annual installments, as is necessary, in the discretion of the Trustee, for the proper support, maintenance, medical care and education of the Beneficiary, including the cost of private high school and college, should the Beneficiary so Page 2 choose. Income not distributed shall be accumulated and added to principal. (c) The Trustee shall also pay to or for the benefit of the Beneficiary so much of the principal as the Trustee, in the discretion of the Trustee, considers necessary to maintain the beneficiary in the proper station in life, including proper support, maintenance, medical care and education, including the cost of private high school and college, should the Beneficiary so choose. (d) Upon the attainment of the age of twenty-five (25) years by the Beneficiary, the Trustee shall pay to the Beneficiary one-half of the principal of his Trust. Upon the attainment of the age of thirty (30) years by the Beneficiary, the Trust shall terminate and the Trustee shall pay to the Beneficiary the remaining assets of the Trust. However, the Trustee may refuse to make distributions of principal to the Beneficiary should the Trustee consider the Beneficiary unable to manage the principal of the Trust in the best interests of the Beneficiary. The Trustee may also terminate this Trust in whole or in part prior to the attainment of the age of thirty (30) years by the Beneficiary, if the Trustee reasonably believes the Beneficiary able to manage the principal in his own best interests. (e) Should the Beneficiary die before final distribution of the assets of his Trust, the Trust shall terminate and the Trustee shall pay the assets of the Trust to the then living issue of the Beneficiary, per stirpes. However, if any issue has not attained the age of twenty-one (21) years at the time of distribution, the Trustee shall continue to hold Page 3 the share for that issue as Custodian under the Pennsylvania Uniform Transfers to Minors Act for the benefit of that issue. (f) If at any time before final distribution of the assets of any of the Trusts administered under this paragraph, there are no living beneficiaries of the Trust, the Trust shall terminate. The assets of the trust shall be paid to my parents, LOUISE SIRAK and JOSEPH SIRAK, if they are living at the time. If they are not living, the assets shall be divided into as many equal shares as there are then living siblings of mine. My siblings are RICHARD SIRAK, RONALD SIRAK, and JAYNE JOHNSON. One equal share shall be paid to each then living sibling. If any sibling is not living, his or her share shall be paid to his or her then living issue, per stirpes. ITEM VI: No part of the income or principal of any Trust created by this Will shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary prior to his or her actual receipt of income or principal distributed. The Trustee shall pay the net income and the principal to the beneficiaries specified by me, as their interests may appear, without regard to any attempted anticipation, pledging or assignment, and without regard to any claim or attempted levy, attachment, seizure or other process against the beneficiary. .ITEM VII: In addition to the powers granted at law, the Executor and the Trustee shall each possess the following powers, each of which may be exercised without court approval and in a fiduciary capacity only: Page 4 (a) To retain any investments I have at my death, including specifically those consisting of stock of any bank even if I have named that bank as the Executor or Trustee. (b) To vary investments, and to invest in bonds, stocks, notes, real estate mortgages or other securities or in other property, real or personal, without being restricted to so-called "legal investments", and without being limited by any statute or rule of law regarding investments by fiduciaries. (c) In order to divide the principal of a Trust or for any other purpose, including final distributions, the Executor and Trustee are authorized to divide and distribute personal property and real property, partly or wholly in kind, and to allocate specific assets among beneficiaries and Trusts so long as the total market value of each share is not affected by the division, distribution or allocation in kind. The Executor and Trustee are each authorized to make, join in and consummate partitions of lands, voluntarily or involuntarily, including giving of mutual deeds, or other obligations, with as wide powers as an individual owner in fee simple. (d) To sell either at public or private sale real and personal property severally or in conjunction with other persons, and to consummate sale(s) by deed(s) or other instrument(s) to the purchaser(s), conveying a fee simple title. No purchaser shall be obligated to see to the application of the purchase money or to make inquiry into the validity of any sale(s). The Executor and Trustee are authorized to execute, acknowledge and deliver deeds, assignments, Page 5 options or other writings as necessary or convenient to any of the power conferred upon the Executor and Trustee. (e) To mortgage real estate, and to make leases of real estate. (f) To borrow money from any person, including the Executor or Trustee, to pay indebtedness of mine or of my estate, expenses of administration or inheritance, legacy, estate and other taxes, and to assign and pledge assets of my estate or any Trust established by this Will. (g) To pay all costs, taxes, expenses and charges in connection with the administration of my estate or any Trust established under this Will. (h) To make distributions of income and of principal to the proper beneficiaries, during the administration of my estate, with or without court order, in such manner and in such amounts as the Executor deems prudent and appropriate. (i) To vote shares of stock which form a part of my estate or any Trust established under this Will, and to exercise all the powers incident to the ownership of stock. (j) To unite with other owners of property similar to property in my estate to carry out plans for the reorganization of any company whose securities form a part of my estate. Page 6 (k) To disclaim any interest in property which would devolve to me or my estate by whatever means, including but not limited to the following means: as beneficiary under a will, as an appointee under the exercise of a power of appointment, as a person entitled to take by intestacy, as a donee of an inter vivos transfer, and as a donee under a third-party beneficiary contract. (1) To prepare, execute and file tax returns of any type required by applicable law, and to make all tax elections authorized by law. (m) To employ custodians of property, investment or business advisors, accountants and attorneys as the Executor or Trustee deems appropriate, and to compensate these persons from assets of my estate or trust, without affecting the compensation to which the Executor and Trustee are entitled. (n) To divide any Trust created in this Will into two or more separate Trusts so that inclusion ratio for purposes of the generation- skipping transfer tax shall be either zero or one, in order that an election under Section 2652(a)(3) of the Internal Revenue Code may be made with respect to one of the separate Trusts, or for any other reason. (o) To allocate administrative expenses to income or to principal, as the Executor or Trustee deems appropriate. However, no allocation to income shall be made if the effect of the allocation is to cause a reduction in the amount of any estate tax marital deduction or estate tax charitable deduction. Page 7 (p) lifetime. To continue any litigation instituted by me during my (q) To do all other acts in their judgment necessary or desirable for the proper and advantageous management, investment and distribution of the estate and Trusts established under this Will. ITEM VIII: The Trustee is authorized to distribute principal and/or income in any one or more of the following ways if the Trustee, in the discretion of the Trustee, considers the beneficiary unable to apply distributions to the beneficiary's own best interests, or if the beneficiary is under a legal disability: (a) Directly to the beneficiary; (b) To the Trustee, or to another person selected by the Trustee, as custodian under the Pennsylvania Uniform Transfers to Minors Act as to a beneficiary under the age of twenty-one (21) years; (c) To a relative of the beneficiary, to be expended by that relative for the benefit of the beneficiary; or (d) By directly applying distributions for the benefit of the beneficiary. ITEM IX: The Trustee, on an annual basis, shall provide each income beneficiary who has attained the age of eighteen (18) years, and the Guardian of the person of any income beneficiary who has not attained the age of eighteen (18) years, statements showing transactions each Trust established for the benefit of that beneficiary. The beneficiary, or the Guardian of the person of such beneficiary, may waive this right to receive an annual accounting. The Trustee may, at any time, settle any account, or questions concerning the administration of any Trust established under this Will, by agreement with the then current income beneficiaries of the Trust, if legally competent, or if not legally competent, with the Guardian of the person of the beneficiary, the legally competent spouse of the beneficiary, or the oldest legally competent relative of the beneficiary who would take a portion of the estate of the beneficiary were the beneficiary to die at that time intestate under the laws of the State of Pennsylvania. Any Settlement made in accordance with this Item shall bind all persons who have an interest in the Trust, and shall constitute a release and discharge of the Trustee with respect to transactions specified in the settlement. ITEM X: In the absence of actual knowledge of a breach of trust, or information concerning possible breach of trust that would cause a reasonable person to inquire, a successor Trustee is under no duty to examine the accounts and records of a predecessor Trustee, or to inquire into the acts or omissions of the predecessor, and is not liable for any failure to seek redress for any act or omission of the predecessor. The successor Trustee shall have responsibility only for property which is actually delivered to him or her by the predecessor and shall have all of the powers conferred upon a Trustee hereunder. ITEM XI: Any person who has died within thirty (30) days of my death, or under such circumstances that the order of our deaths cannot be established by proof, shall be deemed to have predeceased me. Any person (other than myself) who has died at the same time as any beneficiary under this Will, or in a common disaster with that beneficiary, or under such circumstances that the order of deaths cannot be established by proof, shall be deemed to have predeceased that beneficiary. Page 9 ITEM XII: It is my preference that JOHN O'BRIEN serve as Guardian of the person of my son, SEAN M. O'BRIEN. In the event he is unable or unwilling to serve, I appoint ANDREW J. O'BRIEN to be the Guardian. ITEM XIII: to Executors and Trustees: I make the following provisions with respect (a) I appoint HERSHEY TRUST COMPANY, Hershey, Pennsylvania, to be the Executor and Trustee. (b) My brother-in-law, ANDREW J. O'BRIEN, shall have the power to remove any institutional Trustee serving under this Will, provided that he first appoints another institutional Trustee to serve as successor Trustee, and that successor Trustee has agreed to act as successor Trustee. This power shall be deemed to be a continuing successive power to remove and replace institutional Trustees. (c) Each appointment of a successor Trustee shall be in writing and shall be filed with the court in the jurisdiction which is the situs of the Trust. The written instrument shall be signed by the person having the power to make the appointment. (d) The Trustee shall have the right to receive reasonable compensation for services rendered. (e) The Trustee shall not be liable or accountable for any loss that may result from the good faith exercise of the authority granted in this Will. Page 10 (f) The Executor and Trustee are specifically relieved from the duty of filing bond or entering security. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding ten (10) pages, at the end of each page of which I have also set my initials for greater security and better identification this f~day of~ , 20 ~.~-~. NET M. O'BRIEN We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above-named Testatrix as and for her Last Will and Testament, in the presence of us, who, at her request and in her presence and in the presence of each other, have hereunto set our hands and seals the day and year first above written, and we certify that at the time of the execution thereof, the said Testatrix was of sound and disposing mind and memory. ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ~(~,~ ) I, JANET M. O'BRIEN, Testatrix, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. NET M. O'BRIEN Sworn to and subscribed~before me this ~ day of ,20 0L. ~lic My Commission Expires: (SEAL) LC' NOTARIAL SEAL CYN~T, HIA J. RULE, Notary Public Camp hilt Boro., Cumberland County ommission Exph ~s ,fan. 24, 2004 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ~ ) We, X/z~/_~ ~ ~.~5,~//r/ and~V<-~e~c~_ \-~. ~e4r~c~ , the Witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Testatrix, JANET M. O'BRIEN, sign and execute the instrument as her Last Will and Testament; that Testatrix signed willingly and that she executed said Will as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix signed the Will as Witnesses; and that to the best of our knowledge the Testatrix was at that time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. Witness Witness Sworn to and subscribed before me this ~-~ day of f~/0'x/~ ,2002_ My Commission Expires: (SEAL) OF JANET ~. O~B~IEN KEEFER WOOD ALLEN & RAHAL, LLP Attorneys at LAW CAMP HILL, PENNSYLVANIA 1701 I 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 003078 HERSHEY TRUST COMPANY 100 MANSION RD EAST PO BX 445 HERSHEY, PA 17033 ........ fold ESTATE INFORMATION: SSN: 202-46-9958 FILE NUMBER: 2103-0588 DECEDENT NAME: O'BRIEN JANET M DATE OF PAYMENT: 10/02/2003 POSTMARK DATE: 00/00/0000 COUNTY: CUMBERLAND DATE OF DEATH: 07/03/2003 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 $8,000.00 REMARKS: TOTAL AMOUNT PAID: HERSHEY TRUST COMPANY $8,000.00 SEAL CHECK# 062993 INITIALS' VZ RECEIVED BY: DONNA M. OTTO DEPUTY REGISTER OF WILLS REGISTER OF WILLS IN RE: Estate of Janet M. O'Brien IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO.- 21-03-00588 PETITION FOR ORDER DIRECTING AMERICAN EXPRESS FINANCIAL ADVISORS, INC. TO DISTRIBUTE CERTAIN ACCOUNTS TO TRUST AND FOR TI-IF~ AWARD OF COSTS AND ATTORNEYS F~S AGAINST AMERICAN EXPRESS FINANCIAL ADVISORS, INC. AND MICHAEL I. SHALHOUB AND NOW comes Keefer, Wood, Allen & Rahal, LLP, as counsel for Petitioner, Hershey Trust Company, and states as follows: 1. Petitioner, Hershey Trust Company, is a Pennsylvania trust company with its principal office at 100 Mansion Road East, Hershey, Dauphin County, Pennsylvania. 2. Petitioner, Hershey Trust Company, is the Executor of the Estate of Janet M. O'Brien, having been granted Letters Testamentary on July 22, 2003. 3. Petitioners, Louis O'Brien and Rose O'Brien are the paternal grandparents of Sean O'Brien and reside at 3431 Alinda Circle, Camp Hill, Pennsylvania. 4. Janet M. O'Brien ("Decedent"), died on July 3, 2003. A true and correct copy of her Last Will and Testament (the "Will"), dated November 4, 2002, is attached hereto and made a part hereof as Exhibit "A". 5. Respondent, Michael I. Shalhoub ("Shalhoub"), is an adult individua] with a principal business office at 3500 Market Street, Camp Hill, Cumberland County, Pennsylvania. 6. Respondent, American Express Financial Advisors, Inc. ("American Express"), is a foreign corporation with a registered office at CT Corporation System, 1635 Market Street, Philadelphia, Pennsylvania. 7. Decedent was divorced at the date of her death and was survived by a son, Sean Matthew O'Brien ("Sean"). 8. At the date of Decedent's death, Sean was 15 years old, (is now 16 years old) and is not currently suijuris. 9. Sean is currently a student at the Milton Hershey School. When not at the Milton Hershey School, he resides with his paternal grandparents, Louis and Rose O'Brien. 10. Sean's paternal grandparents and Sean's father, Michael O'Brien, are currently involved in legal proceedings regarding custody of Sean. 11. In Item IV of Decedent's Will, she left the residue of her estate in trust to the Hershey Trust Company as Trustee (the "Trust") for the benefit of Sean. 12. The Decedent's financial advisor was Respondent, Michael I. Shalhoub, of Respondent, American Express. 13. Express. At her death, the Decedent owned several accounts at American 14. American Express, via its agent, Shalhoub, has taken the position that eight of the Decedent's accounts are "Transfer on Death" accounts with Sean, individually, as the beneficiary. This position is stated in a July 31, 2003 correspondence from American Express Financial Advisors, Inc., to Hershey Trust Company. The July 31, 2003 correspondence is attached hereto as Exhibit "B" and made a part hereof as though fully set forth herein. 15. The eight accounts which are alleged to be "Transfer on Death" accounts are listed below with their current balances as of August 31, 2003 statements: ACCOUNT NUMBER, BAI~ANCE 010100226611 002 01010022671 0 002 01010022672 8 002 01010022673 6 002 01010022674 4 002 01010022675 I 002 01010022679 3 002 01449156233 7 002 $28 096.77 $25 559.93 $19 244.29 $19.855.10 $21 667.39 $ 8 941.52 $ 9 781,12 $ 286.35 A true and correct copy of an American Express statement setting forth these August 31, 2003 balances is marked at Exhibit "C" and made a part hereof as though fully set forth herein. The above-listed accounts are collectively referred to as the "AMEX Accounts." 16. On May 23, 2003, Respondent Michael I. Shaloub, called Decedent's attorney, Elyse E. Rogers ("Rogers"), of Keefer Wood Allen & Rahal, LLP, and requested advice regarding the proper titling of accounts which he was opening for Decedent. Rogers advised him that the accounts were to be opened as individual accounts, because Decedent had created a trust for her minor son under her Will, and her assets were to pass to that trust upon Decedent's death. 17. Decedent, with the assistance of Respondent Michael I. Shaloub, completed a number of Investment Applications with American Express, which are attached hereto and made a part hereof as Exhibit "D ", and made a part hereof as though fully set forth herein. 18. Each Investment Application is, on the first page thereof, under the heading "Account Registration," designated an "Individual" account and not a "Individual with TOD" account. 19. Decedent signed each Investment Application on the forth page thereof. The purpose of the signature, as stated in the Investment Application, was to certify that the Decedent: (a) provided a correct tax identification number; (b) was a United States citizen or resident; and (c) that the Decedent was not subject to withholding. 20. The fifth and sixth pages of each Investment Application allegedly constitutes a "Transfer on Death Account Agreement." The fifth page is not completed, and Decedent did not sign the alleged "Transfer on Death Account A " greement. 21. Transfers on death accounts are permitted under Pennsylvania Estates and Fiduciary Code, 20 Pa. C.S.A. §6401, et seq., under certain circumstances. 22. An account may only transfer on death when the beneficiary form constitutes a valid contract. 20 Pa. C.S.A. §6409. 23. The beneficiary form must indicate in writing the intention of the owner to transfer ownership of the security to a selected beneficiary upon the death of the owner. 20 Pa. C.S.A. §6401. 24. The Investment Applications do not indicate any intent by the Decedent to create a Transfer on Death Account. The Decedent did not sign any portion of the Agreement allegedly creating a Transfer on Death Account, and it does not constitute a legally binding contract. 25. Under Pennsylvania contract law, a signature does not ratify text and agreements found after the signature. 26. Respondents American Express and Shalhoub have agreed to distribute the AMEX Accounts to the Trust if the distribution is approved by the Court. 27. Respondents American Express and Shalhoub have caused the Estate to incur unnecessary attorney's fees and costs by insisting on distributing the AMEX Accounts pursuant to an unexecuted and clearly ineffective "Transfer on Death Agreement." 28. Respondent Shalhoub was clearly negligent in seeking the advice of Rogers, Decedent's estate planning counsel, and then taking action (or attempting to take action) directly contrary to that advice. WHEREFORE, Petitioners, Hershey Trust Company and Louis O'Brien and Rose O'Brien, respectfully request that the Court direct the distribution of the AMEX Accounts to the Trust created under the Decedent's Will and further order Respondents Michael I. Shalhoub and American Express Financial Services, Inc. to pay the fees and costs incurred by Petitioner, Hershey Trust Company, in bringing this Action. Dated: KEEFER WOOD ALLEN & RAHAL, .LLP By: C~ ~lyse ~. Rogers, t~quir~ Attorne~y ID #41274''~-~ Elizabeth J. Goldstein, Esquire Attorney ID # 73779 415 Fallowfield Road Suite 301 Camp Hill, PA 17011-4906 (717) 612-5800 Attorneys for Petitioner VERIFICATION I, Robert K. Reitzel, an authorized agent of Hershey Trust Company, do hereby verify the statements made herein are true and correct to the best of my information, knowledge, and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. DATED: Ro~bert K. lieitzel ~ VERIFICATION We, Louis O'Brien and Rose O'Brien, verify the statements made herein are true and correct to the best of my information, knowledge, and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. DATED: ~.( '.~ / --) · ,- ~. ;,~ Louis O'Brien Rose O'Brien CERTIFICATE OF SERVICE I, Elyse E. Rogers, Esquire, attorney for Petitioner the Hershey Trust Company, hereby certify that I have served the Petition for Order Directing American Express Financial Advisors, Inc. to Distribute Certain Accounts to Trust and for the Award of Costs and Attorney's Fees Against American Express Financial Advisors, Inc. and Michael I. Shalhoub, upon the following individual by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: American Express Financial Advisors, Inc. c/o CT Corporation System 1635 Market Street Philadelphia, PA 19103 and hand-delivered to: Michael I. Shalhoub 3500 Market Street Camp Hill, PA 170111 KEEFER WOOD ALLEN & RAHAL, LLP By lyse ~. Rogers, ~squi~ Attorne~ ID #4127~-~ Elizabeth J. Goldstein, Esquire Attorney ID # 73779 415 Fallowfield Road, Suite 301 Camp Hill, PA 17011-4906 (717) 612-5801 EXHIBIT A JANET M. O'BP~IElk~ I, JANET M. O'BRIEN. of Upper Allen Township. Cumberland County, Pennsylvania, do make, publish and declare this to be my Last B~ill and Testament, hereby revoking all Wills and Codicils by me heretofore made. ITEM I: I direct that all inheritance and estate taxes becoming due by reason of my death, whether such taxes may be payable by my estate or by any recipient of any property, shall be paid by the Executor out of the property passing under ITEM IV of this Will, as an expense and cost of administration of my estate. The Executor shall have no duty or obligation to obtain reimbursement for any such tax so paid, even though on proceeds of insurance or other property not passing under this Will. ITEM II: I direct the Executor to pay the expenses of my last illness and funeral expenses from the property passing under this Will as an expense and cost of administration of my estate. ITEM III: I may leave a written statement or list in my safe deposit box disposing of certain items of my tangible personal p¢'operty. Any such statement or hsting in existence at the time of my death shall be determinative with respect to ail items bequeathed therein. If no written statement or list is found in my safe deposit box or elsewhere and properly identified by the Executor within thirty (30) days after the probate of my Will, it shall be presumed that there is no other statement or list. Any subsequent discovered' statement or list sha~l be ignored. I give to my son, SEAN M--ATTHEW O'BRIEN, all of my household furniture and furnishings, books, pictures, jewelry, silverware, Page 1 automobiles, wearing- apparel and ali other articles of' household or persona] use adornment not identified in the written list mentioned above and ali ~Jolicies of insurance thereon. I specifically request that the F, xecutor retain for my son. or 'distribute to or for my son. his books, trucks, toys. trophies, his Christma,~ tree and Christmas ornaments, all photo albums, and other items of memorabilia which he requests. If my son has not attained the age of eighteen (1S) years at the time of my death, and the Executor thinks any property to which he would become entitled is unsuitable for his use, the property shall be sold and the proceeds shall be added to the share of my residuary estate held for his benefit. If my son has not attained the age of eighteen (1S) years at the time of my death, the Executor may deliver any property to which he is entitled and which is not sold to the person with Whom he resides or who has the care or control of him (without bond), and the receipt of that person shall be a complete release of the Executor. ITEM IV: I ~ve all the rest, residue and remainder of my estate, not disposed of in the preceding portions of this B~fll, to HERSHEY TRUST COMPAi~, as Trustee, for the benefit of my son, SEAN 1VIATTHE~ O'BRIEN (the "Beneficiary"), to be administered and distributed as follows: (a) I request that the Trustee remind the Beneficiary, upon his attainment of the age of twenty (20) years, to obtain a colonoscopy. I request that this reminder be provided to my son every year after he attains the age of twenty (20) years, until termination of the Trust. (b) Trustee shall p ay to or for the benefit of the Beneficiary so much of the net income, in convenient, at least annual installments, as is necessary, in the discretion of the Trustee, for the proper support, maintenance, medical care and education of the Beneficiary, including the cost of private high school and college, should the Beneficiary so Page 2 choose. Income no; distributed shall be accumulated and added principal. lC) The Trustee shall also pay to or fbr the benefit of' the Beneficiary so much of the principal as the Trustee. in the discretion of the Trustee, considers necessary to maintain the beneficiary in the proper station in life, including proper support, maintenance, medical care and education, including the cost of private high school and college, should the Beneficiary so choose. (d) Upon the attainment of the age of twenty-five (25) years by the Beneficiary, the Trustee shall pay to the Beneficiary one-half of the principal of his Trust. Upon the attainment of the age of thirty (30) years by the Beneficiary, the Trust shall terminate and the Trustee shall pay to the Beneficiary the remaining assets of the Trust. However, the Trustee may refuse to make distributions of principal to the Beneficiary should the Trustee consider the Beneficiary unable to manage the principal of the Trust in the best interests of the Beneficiary. The Trustee may also terminate this Trust in whole or in part prior to the attainment of the age of thirty (30) years by the Beneficiary, if the Trustee reasonably believes the Beneficiary able to manage the principal in his own best interests. (e) Should the Beneficiary die before final distribution of the assets of his Trust, the Trust shall terminate and the Trustee shall pay the assets of the Trust to the then living issue of the Beneficiary, per stirpes. However, if any issue has not attained the age of twenty-one (21) years at the time of'distribution, the Trustee shall continue to hold Page 3 th~, share fbr that issue as Custodian under the Pennsylvania Uniform T'ransfer,~ to Minors Act fbr the ene~t of that issue. (fl If a~ any time befbre final distribution of the assets of any of the Trusts administered under this paragraph, there are no living beneficiaries of the Trust, the Trust shall terminate. The assets of the trust shall be paid to my parents, LOUISE SIRAK and JOSEPH SIRAK, if they are living at the time. If they are not living the assets shall be divided into as many equal shares as there are then living siblings of mine. My siblings are RICHARD SIP~kK, RONALD SItbacK, and JAYNE JOHNSON. One equal share shall be paid to each then living sibling. If any sibling is not living, his or her share shall be paid to his or her then living issue, per stiles. I_TEM l_q: No part of the income or principal of any Trust created by this Will shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary prior to his or her actual receipt of income or principal distributed. The Trustee shall pay the net income and the principal to the beneficiaries specified by me, as their interests may appear, without regard to any attempted anticipation, pledsing or assignment, and without regard to any claim or attempted leeds, attachment, seizure or other process against the beneficiary. ITEM VII: In addition to the powers granted at law, the Executor and the Trustee shall each possess the following powers, each of which may be exercised without court approval and in a fiduciary capacity on]y: Page 4 la: To retain any investments I have au mx- death, inciudin~ specifically those consistin~ of stock of any bank even if ~ have named that bank as the Executor or Trustee. (b) To vary investments, and to invest in bonds, stocks, notes. real estate mortgages or other securities or in other property, real or personal, without being restricted to so-ca/led "legal investments", and without being limited by an), statute or rule of law regarding investments by fiduciaries. (c) In order to divide the principal of a Trust or for any other purpose, including final distributions, the Executor and Trustee are authorized to divide and distribute personal property and real property, partly or wholly in kind, and to allocate specific assets among beneficiaries and Trusts so long as the total market value of each share is not affected by the division, distribution or allocation in kind. The Executor and Trustee are each authorized to make, join in and consummate partitions of lands, voluntarily or involuntarily, including giving of mutual deeds, or other obligations, with as wide powers as an individual owner in fee simple. (d) To sell either at pubhc or private sale real and personal property severally or in conjunction with other persons, and to consummate sale(s) by deed(s) or other instrument(s) to the purchaser(s), conveying a fee simple title. No purchaser shall be obligated to see to the application of the purchase money or to make inquiry into the validity of any sale(s). The Executor and Trustee are authorized to execute, acknowledge and deliver deeds, assignments, Page 5 options or other writings as necessary or conveniem to an~.- z' o~ the power conferred uj)on the Executor and Trustee. (e) To mortgage real estate, and to make leases of rea~ estate. (f) To borrow money fi'om any person, including the Executor or Trustee, to pay indebtedness of mine or of my estate, expenses of administration or inheritance, legacy, estate and other taxes, and to assign and pledge assets of my estate or any Trust established by this Will. - (g) To pay all costs, taxes, expenses and charges in connection with the administration of my estate or any Trust established under this Will. (h) To make distributions of income and of principal to the proper beneficiaries, durins the administration of my estate, with or without court order, in such manner and in such amounts as the Executor deems prudent and appropriate. (i) To vote shares of stock which form a part of my estate or any Trust established under this Will, and to exercise all the powers incident to the ownership of stock. (J) To unite with other owners of property similar to property in my estate to carry out plans for the reorganization of any company whose securities form a part of my estate. Pa~e 6 (k! T'o disclaim an~- interest m property which would devolve to me or my estate by whatever means, including- but not limited to the following means: as beneficiary under a will, as an appointee under the exercise of a power of appointment, as a person entitled to take by intestacy, as a donee of an inter vivos transfer, and as a donee under a third-party beneficiary contract. (1) To prepare, execute and file tax returns of any t~vpe required by applicable law, and to make all tax elections authorized by law. (m) To employ custodians of property, investment or business advisors, accountants and attorneys as the Executor or Trustee deems appropriate, and to compensate these persons from assets of my estate or trust, without affecting the compensation to which the Executor and Trustee are entitled. (n) To divide any Trust created in this WiLl into two or more separate Trusts so that inclusion ratio for purposes of the generation. skipping transfer tax shall be either zero or one, in order that an election under Section 2652(a)(3) of the Internal Revenue Code may be made with respect to one of the separate Trusts, or for any other reason. Page 7 (o) To allocate administrative expenses to income or to principal, as the Executor or Trustee deems appropriate. However, no allocation to income shall be made if the effect of the allocation is to cause a reduction in the amount of any estate tax marital deduction or estate tax charitable deduction. lit%nme. continue any litigation instituted by me during- mx (q) To do all other acts in their judgment necessary or desirable for the proper and advantageous management, investment and distribution of the estate and Trusts established under this Will. I__TEM lrfI~I: The Trustee is authorized to distribute principal and/or income in any one or more of the following ways if the Trustee, in the discretion of the Trustee, considers the beneficiary unable to appty distributions to the benefieiary's own best interests, or if the beneficiary is under a legal disability: (a) Directly to the beneficiary; (b) To the Trustee, or to another person selected by the Trustee, as custodian under the Pennsylvania Uniform Transfers to Minors Act as to a beneficiary under the age of twenty-one (2 l) years; (c) To a relative of the beneficiary, to be expended by that relative for the benefit of the beneficiary; or (d) By directly applying distributions for the benefit of the beneficiary. I~TEM_ I~: The Trustee, on an annual basis, shall provide each income beneficiary who has attained the age of eighteen (18)years, and the Guardian of the person of any income beneficiary who has not attained the age of eighteen (18) years, statements showing transactions each Trust established fbr the benefit, of' that beneficiary. The beneficiary, or the Guardian of' the person of' such beneficiary, may waive this right to receive an annual accounting. The Trustee may. ar. any time. settle any account, or questions concerning the administration of any Trust established under this ~Vfll. by agreemen~ with the then current income beneficiaries of the Trust, if legally competent, or if not legally competent, with the Guardian of the person of the beneficiary, the legally competent spouse of the beneficiary, or the oldest legally competent relative of the beneficiary who would take a portion of the estate of the beneficiary were the beneficiary to die at that time intestate under the laws of the State of Pennsylvania. Any Settlement made in accordance with this Item shall bind all persons who have an interest in the Trust, and shall constitute a release and discharge of the Trustee with respect to transactions specified in the settlement. ITEM X: In the absence of actual knowledCe of a breach of trust, or information concerning possible breach of trust that would cause a reasonable person to inquire, a successor Trustee is under no duty to examine the accounts and records of a predecessor Trustee, or to inquire into the acts or omissions of the predecessor, and is not liable for any failure to seek redress for any act or omission of the predecessor. The successor Trustee shall have responsibility only for property which is actually delivered to him or her by the predecessor and shall have all of the powers conferred upon a Trustee hereunder. ITEM XI: Any person who has died within thirty (30) days of my death, or under such circumstances that the order of our deaths cannot be established by proof, shall be deemed to have predeceased me. Any person (other than myself) who has died at the same time as any beneficiary under this Will, or in. a common disaster with that beneficiary, or under such circumstances that the . order of deaths cannot be established by proof, shall be deemed to have predeceased that beneficiary. Page 9 ~_TEII[ Nil: I~ is my preference that JOHA- O'BRIEN serve as Guardian o~~ the person of my son. SEAN M. O'BRIEN. In th~, even~ he~ is unable or unwillin~ ~o serve. I appoin~ ANDREW g. BRIEN ~o be the Guardian. ITEM XIIt: to Executors and Trustees: make the following provisions with respect (a) I appoint HERSHEY TRUST COMPARry, Hershey, Pennsylvania, to be the Executor and Trustee. (b) My brother-in-law, ANDREW J. O'BRIEN, shall have the power to remove any institutional Trustee serving under this Will, provided that he first appoints another institutional Trustee to serve as successor Trustee, and that successor Trustee has agreed to act as successor Trustee. This power shall be deemed to be a continuing successive power to remove and replace institutional Trustees. (c) Each appointment of a successor Trustee shall be in writing and shall be filed with the court in the jurisdiction which is the situs of the Trust. The written instrument shall be signed by the person having the power to make the appointment. (d) The Trustee shall have the right to receive reasonable compensation for services rendered. (e) The Trustee shall not be hable or accountable for any loss that may result from the good faith exercise of the authority granted in this Will. Page (f! The Executo:. and Trustee are specificalh- ~'eiieved f~om the duty of£iling bond or entering security. IN WITNESS WHEREOF. I have set my hand and seal to this, rny Last Will and Testament, consisting of this and the preceding ten (10) pages, at the end of each page of which I have also set my initials for greater security and better identification this ~z'Y~day of,~/,~r', , 20 ~-~--~ ~ M. 0 BRIEN (SEAL) We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above-named Testatrix as and for her Last Will and Testament, in the presence of us, who, at her request and in her presence and in the presence of each other, have hereunto set our hands and seals the day and year first above written, and we certify that at the time of the execution thereof, the said Testatrix was of sound and disposing mind and memory. AC~C~OYVLED GME COMMONWEALTH OF PENNSYL~i~NIA £ SS: I, JANET M. O'BRIEN, Testatrix whose name is signed to the attached or foregoing instrument, having been'duly quahfied according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. NET M. O'BRIEN - Sworn to and subscribed before me this %k~-k day of ,20 My Commission Expires: (SEAL) AFFIDAITT COMMONwtBALTH OF PENNSYLVANIA £ COUNTY OF ,._.~~ SS: the Witnesses whose names are signed to the attached or foregoing instrument, being duly qualified accor~ng to law, do depose and say that we were present and saw Testatrm, JANET M. O'BRIEN, sign and execute the instrument as her Last W~ and Testament; that Testatrix signed willingly and that she executed said W~ as her ~ee and volunt~y act for the purposes therein expressed; that each of us in the hearing and sight of the Testatr~ signed the Will as Bqtnesses; and that to the best of our knowledge the Testatrm was at that time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. / '~-" - i? Witness <2 Sworn to and subscribed before me this ~Lek day of ,2002 My Commission Expires: (SEAL) EXHIBIT B July 3 L 2003 IDS LIFE INSURANCE COMPANy AMERICAN EXPRESS FUNDS AMERICAN EXPRESS CERTIFICATE COMPANY AMERICAN EXPRESS BROKERAGE 70100 AXP Financial Center MinneaDolis, MN 55474 ROBERT K RErTZEL I-IERS~4_Ey TRUST COMPANy 100 MANSION RD EAST PO BOX 445 HERSHEY, PA 17033 Dear ROBERT K. REiTZ~I.,: [/pon a reccm review of om-pond/rig s~ttlement records, we ~scovered ou~mn~ng req~~ for ~e acco~ wher~ JANET M 0 B~N ~ eider ~ o~, ~cd, ~ui~t or tidal. IM-PORTA.NT R-EMINDER(S): - In.accordance with various regulator}, agencies, American Express Financial continue to mail monthlv/quazterlv statemez-*~ c__ ,~. ...... Advisors w/II -- - . - , - ,~ ~u~ mu acceasell to tiaa rteceased's address of record, 'Ina only individual(s) gra.rtted authorization to change ~e address of the deceased and thus, redirect the mailmg ad&ess of the s~atemem, s, is the Executor(s) of the Es~at~ of the decease& . Account Information Mutual Funds 01010022661 1 002 01010022671 0 002 01010022672 8 002 01010022673 6 002 O] 010022674 4 002 01010022675 1 002 01010022679 3 002 0~069156233 3 002 01099156233 0 002 01129156233 5 002 01249156233 1 002 012691562.-t3 0 002 01439156233 8 002 01449156233 7 002 01729156233 2 002 ,Account Number 00030473789 3 021 individual. TOD Individual - TOD Individual - TOD Indiv/duaI - TOD Individual - TOD Individual - TOD Ind/v/dual - TOD IRA - b~eficiary des/g~ated ZKA - beneliciary designated IRA - beneficiaW designated ZRA - beneficiary designated ~R A - beneficiary de.qlgnatecl ZRA - benclSciary dmsiL~mated Individual - TOD l'R_&, beneficiary designated O wn._____er___s~E Individual Document_q Received insurance and annuities are issued by IDS Life Insurance Campanv. ~q American Ex~ress co~pom,,, Amorica~ ~x. pm~: ~x~rem~ Financial ~viso~ In~. Arum loan ~pre~ F~naneal Advisors ~nc, American ~res~ ~0m~ F, Ud We have received and approved these documen.ts for setllememt processing: Certified Letters of Testamentary/Letters of Administration (For accounts: 00030473789 3 021i Documents Not Received The documer, t(s) listed below have not been received and are needed ro process the settlement: Certified Death Certificate (For aeeotmrs: 00030473789 3 021, 01010022661 I 002, 01010022671 0 002, 01{110022672 8 002, 01010022673 6 002; 01010022674 4 002, 01010022675 1 002, 01010022679 3 002, 01069156233 3 002, 0109915§233 0 002, 01129156233 5 002, 01249156233 I 002, ' 01269t56233 9 002. 01439156233 $ 002, 01449156233 7 002, 01729156253 2 002) The death certificate must be an original document that bears certification from the heal~. department or local registrar and imrludes the cause of death. Estate Settlement Form (3248F) (For accounts: 00030473789 3 021, 01010022661 1 002, 01010022671 0 002, 01010022672 8 002, 01010022673 6 002, 01010022674 4 002, 01010022675 1 002, 0101.0022679 3 002, 01069156233 3 002, 01099156233 0 ~02, 01129156233 5 002, 01249156233 1 002, 01269156233.9 002, 01439156233 8 002, 01.449156233 7 002, 01729156233 2 002) To process a settlement on a Mutual Fund, Cer~icare or Brokerage account~ we need a completed Estate Settlemem Form 32481: ~om each.claimant.. A separate form should also be /~cludcd £~ each ownemt~ type. Sections I, 2, 4 and 10 must be completed. For instructions on ¢orrrplet/ng this form, please see page 6. Incomplete information would cause delay. An Obituary or Statement listi~tg ail children of the decedent (For accounts: 01010022661 I 002, 01010022671 0 002, 01010022672 8 002, 01010022673 6 002, 01010022674 4 002, 01010022675 1 002, 01010022679 3 002, 01069156233 3 002, 01099156233 0 002, 01129156233 5 002, 01249156233 I 002, 01269156233 9 002, 01.439156233 8 002, 01449156233 7 002, 01729156233 2 002) Because thc beneficiary designation is living lawful, children or children per stirpes, we require either a~ obituary or a statement signed by either thc advisor or a~ adult child, listing ail children at'the decedent (both living aM deceased). Ifa child is deceased, we require a certified copy of his or her death certificate. Ia addition m tl~s, other req~fireme-ats may be needed. Letters of Guardianship/Conservatorship (For accoums: 0]0]002266! 1 002, 01010022671 0 002, 01010022672 8 002. 01010022673 6 002, 01010022674 4 002, 01010022675 ! 002, 01010022679 3 002~ 01069~$6233 3 002~ 010991562~3 0 002, 0! 1291562~ 5 002, 01249156233 ! 002, 01269156233 9 002~ 0143-0156233 g 002, 01449~562~2 7 002, 01729156233 2 002) A~ least on~ &the named beneficiaries .is a minor. Therefore, we require court-certified papers designating the legal guardian/conservator of the mi-_or's estate. This document vet/ties who is authc)rized m take receipt of the assets on behalf of the m/nor. OR Court Order (For accmmts: 01010022661 1 002. 01010022671 0 002, 01010022672 8 002, 01010022673 6 002, 01010022674 4 002, 01010022675 1 002, 010100226'79 3 002, 01069156233 3 002, 01099156233 0 002, 01129156233 5 002, 01249156233 1 002, 01269156233 9 002, 01439156233 8 002, 01449156233 7 002, 01729156233 2 002) Dis~'/bution/Court Order must be a courr-certilSed copy, l/st the AmerJcan Express FmanciaI lnsuran:e and annuities ere Lssued by IDS Lif~ Insurance Company, ar~ American Expr~ ~cm~ny. ~erimn ~re~ ~roke~ge is pr~{d~ by Am~rlcan ~re~ ~nanciaj Ad~so~ i~c. /merJcan ~xpre~S Ad,sots Inc. Ma~r NASD. Amer~ca~ ~res~ Company is Advisors accounts being claimed and indicate to whom the assets should be distributed. The 1-RA beneficiary designation ~[or the IRA plan you requested is enclosed, Please contact the Amer/c~ Express financial advisor, MICHAEL SItALHOUB. at (717) 975- 5555 for forrm and assistance. Please contact us ffyou have any questions, or if you need another copy o£dae imtial correspondence. Thank you, Sincerely, Laura Martmez Death Settlements Processing Team 70310 AXP Financ/al Center M~nneapolis, MN 55474 1-800-862.7919, Optiun 5, 1 MICHAEL IBRAH]]VI SI-LtkLHOUB DSO 149 Rep 038655 Company, an American ~pr~ company. ~n ~Drflss Brokerage is provld~d by ~rican ~pres.s Fi~ncial A~/som ine, American E~press RnancJal ~vJso~ lnc, M~mber NACD. American ~pre~ Compang is se~amr~ from ~rimn ~Dm~ EXHIBIT C Statement Mailed to MS JANET k4 0 ItRIEN ;321 OASL;A, DE ROAD MECitANI£SBURG PA 11055~5518 Statemeht.~i:'Of-iFinaficiai:::IAd~o'unts:i!:!.i...'..'.?.i~-:;..-' ~.. i.~ O~oup Number 0915 6233 0 001 Check Your Accaunls Automaled Telephone Service Client Number 1949 3925 2 001 a00-S62-7919 MS JANET M O BRIEN On~na hom~2.a~erlcanex~ess,~micacc DJracl yeur s. erv!c..a and Investmenf quesllQns to MICHAEL SHALHOIJB American Express Financial Adv 3500 Market St Sle 200 Camp Hill PA 170l l-,4353 71 l'rotect your family's tinancia! sectmty_ ~ Ensuring your family's fina~nclal ~ecurit¥ involves more than simply saving money or Inve~ting it, II ~equi~ aa averall =lralegy ~ help you meal your ~tt.e goals and a contlngen~ plan i~ Ilia lakes an unexpccled turn. The right life insurance is a ~rnerslone Io a secure financial plar~ and can help prolec[ your lam~l~ and prov~e ~laancial s~curJl~. Call y~}r advisor Ioday ~or grmre In~rmalio~_ American Where your assela are invested by pveducl Express Portfolio Summary Percent of all cl.~rren l producls ~J Prnducl type Money Market Funds and Cash Vailre Value one year ago last sfalement Cmrant valm FI0t applicable $0.14 $0.0{ [~ 100% Mutual Funds ~. 0% Securllies [~ 0% Annuities [~hl 0% Cerlificales 'J~I~ 0% Insurance [] 0% Limited Partne,'t~hips and REITs [] 0% Additional Producls 100% Total value gl all accounls $33,134.4t $207,718.07 $166,440.91 Not applicable Not applicable Not appficabl~ Nol applicable Nol applicable [lot applicabh Not applicable Nol applicable Not applJcabl, Not applicable Not applicable . Not applicabl Not applicable Not applicable Not applicabl Not applicable Noi applicable Not applicabl $33,134.41 $201',718.2! $166,440,1) 001GG091~623~0000~0~ 08129/2~3 A~count Service iot~rmetiul~ '" ' ..... - .... "' - ' ~-.~-~:~.-~='-:,.,.~.:':.:h.:-.,c'='.,. :-.,.~ --,~.:.:~. ~:.-.A~::-..,.,-...::. -~ ... :. . ...: ..~. available lhFo~g~ American ~e~s Financial Ad~isors irc. For more (omplele informatioo on ar.y proWL'Ct or sec.'ice. prospeclus, Please read il carefully before y~u iBve~l you~ ~o~e.j. Dlr~cl inquiries I~: ?01~ ~p Financial ~lin~eapoli~ MN you ~o /a/er than 6D days alier we ~ent F~u fha FIRSF notify us ~iihln 60 day=, we wi/I ended;tend I~at ~ou aoree wilh the alatemenl, If you have ether concerns ~ Complaints reaa~din~ yo.r a~Coun:/, please contact us at the address abo~e. WJ~en conlacfing us, please provide Ihe fail.lin Your name and accounl or group ~Umber. TI~e I~sue, ~rror or transfer ab~ul which you ale unsure. c~cern or ~hy y~u ~e~ more irformati~n The dolor amom~ of Iha suspend error seciion5 of your slala~Enf relaJe~ I0 ~erican Con[uriah ~an~, we will inwstigale your complal~l any Error prernp[ly. I[ your Yeq~e~t lakes rncre Ihan 10 business days, we will crEdll your accoufli lot the amounl be in error, uniil t~ tim~ Ihal we can complele o~r in~sliga. gallon To de~ernUne wheiher pleaulhorjzad Iranslel~ have been ~ade Io your account, call us al 800.297-7378. ~ investor br~.hure describing Ihe PubEc Disclosure Program is available ~n Ihe IJASD Web Silo (N~D~com) or by ~allu~g a~ 180-9990. For more Complela informalloa [m any prod~cl or saY.ce. i~-cludln9 associated teas a~d e~penses,, coalacl ~ financial a~is~ Jar a pr~ect~s. Please rand it carefully before ~u ~elican E~ress Rnancial ~s0rs Irc., IDS Lile Insd~a.ca Compaey, IDS Ll~e Insurance Company al H~/York, and Certificate Core.ny am rot banks..and the securities I~ey are riel ba~k~ ~ guaranle~ by any b~k ~r ara ~, I~su~ed b~ Ihe FDIC. ' IDS ~le Ir,~urance Company I~ r~t, and is ~ol ~equl~d Io be a ~embe~ of Ihe Se:a~lies Invellor Prote~on Cor~alion {SIPC). ~e~ica~ E~esi Company I~ ~pa~le from America:~ Express Financial ~isms lac., member IIASD and SlPC and :~ not a b~o~r-dealer. ' ~me~kcan EXpress Financial ~sors uses and In~ormalio~ con.ming Inves(~em, insurance an~ accounts thai mambos el a pumary household group have wi~ ~e~can E~ss Financial ~'~sors and ils ~(dlates pxo~de a ca~solidaled slalemenl 0[ accounls and, for ~dakn p~0ducts and sauces, advanl~eous pdcin9 or f~s. A prima~ household g/oup conslsls of a~ ia~i~dual ~ient. his or her spouse or domestic pa~ner, a~O/er their UR~r~md children uader age 21 who reside at Ihe sams address. I~ ~u ~r ha~ a sta{emenl covering only a~ounls Iha(you own and nol to padicjpala ia hou~hold ne, call t~,e se~lce ~urn~r aa ~Ur slstement c~ your financial adais~. Values {or accoanls summarized I~ Ibis stalemenl mayva~/ because al mar~t fluctualJoaL ~count ~cti~[y ~ Ioaas. ~ome valu~ may be stbjecl ~o ~rrender cha~es, market value a~uslmenls er olher [e~. The F~tces used lo provide ~es, ~elds a~d Income *estlmate~ obtained frol~ oul~ide se~'l¢es believed Io be reli- able The values do eel necessar~ repVeseht pd~s al which Ihe $ecuvJlies could ha~ been purchased o~ sold. Because Ih~ ties lhal do ~01 have phis a~3ilable al I~e time al lbo slatemer, t a~ n~ iecluded in Ihe tolal accouRt value. (AEFA). Mernbe~ NA'~D arm $1PC In~$tmen.,t proOJcls are hal Insured I~, tqe FOIC. am n0( ~sils or oblioa~ons al or gUaranleed by a finarc~al insli&ulion. ,nv~ inveslme~,[ risks Including ~sible los5 of ~rlacipll ar, d may fluctuate in val~e. ~encan Exprest C~lurio~ ~g (A~CB), ce~a~n ban~ng fealuras le AEFA for Ihe ~mican E~ess dUE Rna~c~al a~ounl and Sire[agio ~Hlelio Se~ce ~a~tase vAl'h ONE (ealu~ -A~ ~poslt Pl~ucls ara FDIC.In~u~o up lt~.00a pe~ cusle~e~ The ~e~can ~press Ins~d Mcn~ Marks .~c~t Is an FDIC-insured proaL:t ~ovidad by ~Er~ Is a ~oker-deale~ Becmlllee ProtecUon Securl II es are prol~ecled by 8ecu rid es I nve$1or p rolecli0n ~r- po~alio~ (SlPC) up Io a maxl~ ol 4~,0~0 ~ ~ustomer Which incluaes a ~1~.~ IJmil on claims fcr cash held We ~a~ oblai~ed ~cess C~age or, Id[al brokerage ac~u~l assets up to ~4.5 million. Assels w~h IDS LI[e Iff lurarce Company, asaets wllk olher aflillated i. suranca C~nies and mulual fund aSsels h~d oulsi~ o~ y~r b[o~regeaccounl hal ~by SIPC. DPP and REIT Securities Dladolure Positions held In dir~cl PadiolpalioJ'l H'Ogram sec~.ritles (e.g, Perlnerl~hipL llmiled Iiabili~ ~mpames, and real ~(ale in~sfmenl ~usts which are hal listed on I~a national or (he Nasdaq) ale ~enerally illiquid; aa fo.~al trading market exlst~ lot these secu~ties; and Ihelr ealues will ~ dU~erenl then Ihe pumhaae p[ice. UMess olh~wlse Ihd~lE~. t~e values 0~ units owred leal are shown h~eln for such ~ecu~ities h~ been pro~ded ~ and represent eHl~les of Ihe In~sl3~'s in[eresl in tl~e eel a~se[s ~' Ilo prog[am. Unless olrer~ise indicated, num~r of LnJis ~aned shmvn herein Pa~ been Pgaviodsly Pl~ided by lbo managemenl ~ each program and mig~l n~ ~ecessarily retied subsequenl acl.~iig' T~ere/ore, the animated va:uae show~ herein may hal nec~aiiJy be realized ~oo~ Ihe sale d sec~rilies and Ihe RUbber of Units sh~ mayrol necess~rit~ re, ecl youl curreql hold nos. Statement of Financial Accounts .... -. -'..'..:' :..- .:-.: ... . 7~' '..-~0~i~'Y~4,,i~n~'~co · '.'" " - - ". · . - ' : :.'-' ...... : aoo:851i:?¢19 ~ ~.~.~' :' -.: - .. St mmary ~Mone¥ Mar~,et Funds and Cash AMERICAN EXPRESS BROI(ERAGE ACCDUNI of Accounts by Product Mulual Funds AXP PARTHERS VALUE FUND CLASS A AXP NEW DiMENSiONS FUND CLASS A AXP GROWTtt DIUENSIONS FUND CLASS A AXP EC}UiT¥ SELEC'i FUND CLASS A AXP PARTNERS SMALL CAP GRQWTH FUND CLASS A AXP SIIOI~T DURATION U.S. GOVERNMEN'[ FUND CLASS A AXP DIVERSIFIED BOND FUND CLASS A AXP NEW DIMENSIONS FUND CLASS A, iRA AXP GLOBAL BALANCED FUND CLAS~ A, IRA AXP DIVERSIFIED B.DND FUND CLASS A, IRA AXP SttDRT DURAIION U.S. GOVERNMENT FUND CLASS A, IRA AXP MANAGED ALLQCATION FUND CLASS A~ IRA AXP DIVERSIFIED E(~UI'IY INCOME FUIID GLASS A, IRA AXP INSURED TAX-EXEMPT FUND CLASS A AXP PARTNERS SMALL CAP VALUE FUND CLAss A, IRA - Toial et mulual funds [rom brckerag~ account{s) held cae year ago or last statement, bu{ not hDId this slatemenl. Symbol Accoun! number Value one year ago Value last ~lalemanl 00~0 3047 3789 3 021' AVL.AX 0010 1002 2661 1 002 IF/NB)( 0010 t0~2 2071 0 C02 AXDAX 0010 1002 2~72 6 ~2 INVPX 0010 1002 2673 6 002 AXaCX 0010 1002 21~74 4 002 IFINI{ 0010 Ifl~ 2075 1 002 INBNX 00tO 1002 2879 3 ~2 INNDX 0010 8915 6233 3 ~2 IDO~ 0019 ~15 D~ 0 002 INBNN ~11 2915 6~ 5 002 IFINX 0012 49~5 0~33 1 ~2 IMRFX 0012 ~15 ~33 g 0~2 INDZN ~014 3915 ~33 8 002 IINB~ 0014 4915 ~33 7 ~2 ASVAN 00IT 2B15 ~33 2 ~2 Not applicable $0,14 $0.00 N et applicable 10,14 li~acljve .$33,!34.41 $207,718.07 $1r~6i44o.9,, Not applicable $24,701,84 Not applicable $24,60~,88 ~6,869.93 Not applicable $ t8,4?4.52 $19,244.21) Not apl~lcable $18,525.52 $1g,8~a.10 Not applicable ¢19,~72,28 Nol applicable $g,022.01 ~8,~11 Not applicable $9,030.14 $8,7S1.1~ $2,g10.O3 $3,076.44 ~ 1 ,g68.26 ~2,118.28 $8,451,88 $9,118.58 ~8,887.04 $?,370.45 $7,566.03 ~'7,496.46 ll4,242.41 ~4,5G7,84 ~4,586,g3 I;5,~54.71 $5,~2,33 Not applicable ~2~6.73 ~6.35 S2,036.~ $3,256.00 Not applicable ~46,315.56 CESA Plan Contributions Plan JANET M 0 BRIEN OWfier IRA Plan Plea k!ade for 2003 Ii0.00 Coni¢lbu[tons Rullover 2C03 I0,00 Summary of Accounts J.__ANE.T M Q BRI£U AXP PARTNEI~S VALUE FUND CLASS Symbol Account I~umber 60fO 1002 2661 1 002 O010 1002 2871 O 002 00i0 1002 ~672'8 002 OOlO 1002 2673 6 002 0~)10 1002 2674 4 002 0010 1002 2675 I 002 0010 100~ 2879 3 002 0~14 ~915 6233 7 002 0~0 3047 3789 3 Q21' AVLAX AXp NEW DIMENSIONS FUND CLASS A ItdNDX AXP GROWTH DIMENSIONS FUND CLA3~ A 'AXDAX AXP EQUITY SELECT FUND CLASS A INVPX AXP PARTHERS SMALl_ CAP GROWTH FUND CLASS A AX$CX AXP SHORT DURATION U,-=. GOVERNMENT FUND CLASS A IFl#X AXP DIVERSIFIED BOND FUND CLASS A INE~X AXP IHSURED TAX-EXEMPT FUH[3 CLASS A IINSX AMERICAN EXPRESS BROi<ERAGE ACCOUNT Valua ~na y..~ear ago Cutreql value as of 08/29f20C~ Value last alalemenl C,~rrent vaiue Not aP-.L~_cable $17~ 2~,~42.8 E ~30~432.4}' Not applicable !~24,?01.64 '- $'26~ Not applicable ~24,~03.86 ~28,559.93 Hol 'appll Cablu ~18,474,.52 II19,244.29 Hot applicable !;18,525.5~ ~10,66&.1~ Hot applicable ~ 19~,272:28 $21,667.;~) No! applicable $0,022.0l ,,~!,641..5-~ Nol applicable $fl.030.14 ~8,781.12 Fiot applicabl~ 5'2,9,6.73 {206.3~ Hot applicable ~18,315.70 inacttve _JANET M O BRIEN IRA AXP' ~EW Di'MENSIONS FUI4D CLASS A INNDX AXP GLOBAL 13A/AHCED FUHD CLASS A IDOA~ AXP DIVERSIFIED 8OND FUND CLASS A INBNX AXP SHORT DURATION U.S. GOVERh'MENT FUND CLASS A IFII~X AXP MANAGED ALLOCATION FUND CLASS A IMRFX AXP DIVERSIFIED E(~UITY IHOOME FUND CLAS~ A INDZX A~P PARTNERS SMALL CAP VALUE FUND CLASS A ASVAX 0010 6915 ~ 3 ~02 ~2,910.03 $3,0~..44 ~3,19~,98 0o10 ~t5 6233 0 ~2 ~1,960.26 ~2,116.28 S2,141.16 0011 ~15 6233 5 0012 4015 6233 1 ~2 ~Z,370.45 ~7~6~.~ $7,498.4~ 0012 ~15 ~33 6 0014 3015 ~33 8 ~2 '~5,254,71 ~5,802.33 0017 2915 6233 2 ~2 ~.2,936,65 ~3,256.09 ~,570.~ Mutual P'unds AXP Partners Value Fund Account owner(s) Dale accounl opened 05/27/2003 ,JANET M O BRIEN'TOD - Your accounl performance AcccuM ~edorrnance bfforlnalion is ~o! provided f<~r I~cc, ounts thai al'e leas than one },ear ~ld There ~re no transactions lo repo;t tot {his $1alemenl period. Accourlt number Current account value er~ 0812912003 Class A shares owned Current price per share Eslimaled average cost per share' Cash Invested to date* Reinvested dividends Cash dividends Accrued dividends Market gain (loss)" Cash withdrawn'"'- Account Value 0010 1002 2661 1 002 $26,096.77 5,812.198' ' $4.490 $4.30 $25,000.00 $o. oo $0.o0 $o.oo $1,096.71 $o. o0 $2~-9-6.7 7' This number is an eslimale aqd ,.houl.'l not be used in -~o3r lag calculalions. Cons~ll a p~lesSl~al la~ a&vito~ when (alculMin9 laxes. Inclu6es ~alized gain (loss), unmali~d market appr~ialioa {depreciation), alld $ale~ charge~. Include~ redenpflens, exchanges, cash di~dends, laxes w~lhheld. ~uslodJal leas and c~lsions to class A AXP New Dimensions Fund Account owner(s) J~,~T U o aR~ TOD Your accoun! performance Dale account apened 05/27/2003 old AcCOUlll Aclivttl/: There: are no tfar~sacli8ns to report for Ibis statement period. 0010 1002 ~2671 0 po2 Current accouter value on 08129t20D3 Class A shares owned Currenl price per share Eslimated average cost per share" Cash Invesled 1D date' Reirwesled dividends Cash dividends Accrued dividends Market gain (Iossl** Cash withdrawn* "'* Accounl Value $25,559,!)3 1,151.867 $22.190 $21.7O $25,000.00 $o. oo $o. oo $o.00 ,$559.93 $o.0o $25,559.93 Tlds number ts eh estimate and should no( be Used i. y<'ur lax ca)culallens. ~sult a Prefessionai ta~ ad'~or whe[ ~lculall~ laxes. Includes realized gai~ (loss), unrealized ~m~.el apprec,~tion (depr~lMion}. and sales charges. Includes r~empllons, e~haa~s, cash ~i,~ideeds, la~e~ ~'ithheld. cu~ial lees a~d con~rsi~s to class A ' .statement of Financial Accounts .July 1, 2003 . August 31, 2003 :i ': :~' -::":': :} :. ~'''' ' .... .'- . . ' AXP Growth Dimensions Fund Accoun! owner[~) ,JANET M 0 BRIEN TOD Dale accoun! opened 0§/27/2003 Your account Periormance ' *.. · . : .:: .:: :. :! ~;:: ;:~;;;~:; :[.il~t::.:~! .::.!i~i :.i; i~.i? :;i!5!i~i'L:::~/i:!i~; .:~::;'~/F'":.:~':~iF*i:::;~::tiz.::..:".;~;~:..;. * ~ear old. Accouilt Activity: 'll~e~u are no lrafisacllons lo repot Icg ll~is ~late~enl period, ~ccq. unl number Current account value on 08129/2003 Class A shares owned Curren! price per share Esllmated average eosl per share' Cash invesled to dale' Relnvesled dividends Cash dividends Accrued dividends cMaar.kel gain (loss)" sn wllhdrawn*" OOlO !002 ~672 8. 002 $19,244.29 8,553.019 $2.250 $2. t9 $18,750.00 $o. oo 0,00 0,00 $494.29 $0.00 Account Value $1§,244.29 This number is an eslimale and rd*.ould nol he used in yo~r lax calculaliene. CoReull a P~ofessional lax aclbfso~- When cetculating luxes Includes realized gain {loss}, unrealized market appreciation (dep~iaclafion). and sale~ charges. Includa~ redempllons, e~changa$, cash dividends, luxes wllh~eld. ceslcdlal fees and conversiaes tc "lass A Accouni owner(s) ,JA~wr u o eRIE~ Too A_XP Equllv 8elecl Fund ccou ! bet 0 10 1002 2673 6002 Date account opened 05/27/2003 Your accounl performance are no Iran~acllons lo reporl lot Ibis slalemeni: periocl. Current account value on 08/2912003 Class A shares owned Current price .per share Estimaled avera[/e cosl per share' Cash Invested Io dale' Reinvested dividends Cash dividends Accrued dividends cMaar,ket gain (loss)'" sn withdrawn*'* Accounl Value $19,855.10 1,772.777 $11.200 $18,750.00 $o. oo $o. oo $o. oo $1,10§.10 $0.00 $19,855. I0 This number is a~ eslimale amd should not be used in ~,Our c~lculalions. Consult a professional 1~ a~sor when -'~lC~la,qng lanes Includes ~all~d ~aln {loss). unrealized ma~kei apprec ~{Ion (~pmclati~), and sales tncludss ~4empllons. exchanges, cash dividends. ~sl~ial lees and ~rsions to class A : SlQtcmento[ Financial Accounts ..... · .... ~ · ..:.: · ~....a..mtpho.es.ha~e . .- - · : ':': · -. :" .. '5: .- 8004tB~;~1~'i@ ": ..:": · ",'.' .; ' .'. ?:.' .. ~ulv l, 2~3L. August 31, 2~a ' - ..... -"" ' ~ .... ' ....: oi~i~': :-.... · . ' * ..,.~r~up Number..-05~ q~;o.0~!....:: .... ' :- ."':- :~'~,'2 ::'?h~y--:.~.~:.)~:.¥;'~.':. !:..~:~;-..'~:?: AXP PartPers Small Cap Growth Fund Accounl owner(s) Date accounl opened 05/2712003 JAIIET M O BRIEN TOD Y~ur accounl perlormal~ce :"' '~' ~' ': '%' ''';~: ""~ ..' '- ~-- ::' -. ::" .... F' "~ '"'' ":':'~:'~" - Accmml perlo~mance intormation is not plovided lot accounls ihal ate less than erie ¥.ear old gccouil| AclJvjt¥; Tl~ere are rm transactions to reporl Ior Iltis stalement period, , .. Account numb-er ..0010 1002 26.74 4 002 Current account value on 0813912003 Class A shares owned Current price per share Eslimaled average cost per share' Cash invesled ~o dale' Reinvested dividends Cash dividends Accrued dividends Markel [lain (loss)'* Cash Wilhdrawn"" Accounl Value $~1,667.39 5,570,022 $3,890 $3.37 $18,750.00 $0.00 $0,00 $0,O0 $2,917,39 $0,00 821,667,39 This etleber is ar, eslJmale and should nol I:e used in ~:,u! lax calculMions. C~suU a pro{essl0nal lax ad~or when cal:ulaUng laxes Inclu~s maliz~ gait. {loss], u~realiz~ m~{ appmciahon (debr~clalion). and sales cb;~es. lecludes redemptions, exchanges, cash distends, laxes wllhheld, ¢usl~'-al tees and c~q~rsi~s ~ class A AXP Short Dt~ralion U.8, Government Fund Accounl owner(s) JANET M O BRIEN TOD Date account opened 05/27/2003 Your accounl performance :';:F q !: !?;?;;~!: '¢;:i ;~ ;i !!;~;!i ;'*;':;;!!';;;~;i;;!;;:: '";! ;i!; i:.~:il;' ;! :::. :": ?::!'.q ;i?.:':i ::'::::?:; ;:' !:: !'-: :.;J ::.:: ::;:;i :! i:: !. :·:! ;~:-..:· Ac¢otmt paJf~rrnance informalion is aa( provide(l for a¢cou~.s II~al are less Ihan one old Account ac¢ivity 07/24/2003 Relnvesled dividend Class of Number Price shares of shares Xper ;hare A 3,000 $4,000 $4.870 al $0.0081 per share 01i/22/2003 Rei~vesled dividend at $0,0080 per share A 3.029 Dollar amoun! · ~ 14.70 $14.75 Accounl number 0010 !002 2675 1 002 Cufren( accounl value on 08129~2003 Class A shares owned Currenl price per share Accrued dividends Eslimated average cosl per share' Cash Invesled 1o date" Reinvesled divider~ds Cash dividends Accrued dividends Market gain (loss)" Cash withdrawn**' Account Value $8,941.52 1,835.363 $4.870 ~,3.3a $5.13 $9,375.00 $42.95 ~o. oo $3.30 ($479.73) $o.00 $8,941.52 ~[hls number is an e~tima~e a~d should ~el be used in your [ax calculations· C0fls~-II a professional lax ad~¢~or when (~lculal;.9 ta~s. Includes r~iz~ ga[~ (l~s). unrealized markal appr~lplion (dentition), and soles cha~es. Inclades re~mplions, exchange3, cash di'~dar, d~, t~es vABheld, cuslo¢ial fees and conva/~ions to class A. Statement of Financial Accounts J.uly 1, 2003 - AuguSt Sl, 2003 AXP Diversified Bond Fund Accounl owner(s) JANET M O BRIEN TOD Dale accounl opened 05/27J2003 Your accou~fi performance Ac¢oul]l petla;mance thin,mellon is nol provided for accounl; thai are less lhan ore geaw ~ld Account activily Dale Activity 07/24/2003 Reinvesled dividend al ~0.0125 per share 08/22/2003 Reinveslad dividend al $1:),0117 per share shares A A Nulltber of shares 4.736 4,495 Price Dollar X. per share = amount $4.840 $22.92 $4.770 .. p Number 0~5 62330 001 · 'home2 ' ~ ¢ * ' $21.44 Account pu~ber 0010 1002 2,67'9 3.002 Currenl account value on 08~29~2003 Class A shares owned Current price .per share Accrued dividends Estimated average cost per share' 118,781.12 1,836.144 $4.760 $4.35 $5.14 Cash invesled to date' Reinvested dividends Cash dividends Accrued dividends Market gain (loss)*' Cash wl]hdrawn""" Account Value ~9,375.00 $64.26 $o,~ $4,35 ($662,49) $0.00 $8,781.12 r~.ls number Is aa eslimat~ aecl should r. ol be us~ In yocr tax calculations. Con=uli a professional la)~ a~tvisor when csXulaliag taxes. Includes reatized Dam (loss). unrealized manet appreciation [deprecialloR), and sales cha~es. lacludas redemptions, exhales, cash di~dands, la,es wilhheld. Cusi~al fees and con~sions la clas~ A. Date account opened 0a/20/20D2 AXP New Dimensions Fun_d, IRA Accoun! owner(s) AlViERICAN EXPRESS TRUST COMi~ANY CIO JANET M 0 llRIEN AS CU$'fD FOR Tile JANET M 0 itRIEN lEA Your account performance Account PeH0tmaaca hlormalioa is ~ot ~ro,.'idad Ior a~our, t~ that are less Ihan oas Account Activity; There are nO transac/ien~ 1o roper[ for (bis stateme.t p~lod. Account nu bar 0010 6015 6233 3 002 Current account value on 0B/29/2003 Class A shares owned Current price per share Eslimaled average cost per share" Cash invested to dale* Reinvesled dividends Cash dividends Accrued divide rids Marks! gain (In?s,),** Cash wilt]drawn Account Value $3,195.98 144,028 $22,190 $21.99 $3,162.3 I $4.86 $o.oo $o.oo $28.81 $o,oo This natal:er Is an esll.,r, ate acd shotlld not be u~ed in .~cur lax calculations. Consull a pt~e~siara/la~ ad~sor 'when calculating laxes Includes ~ali~ gain (Ios~). unreallced ma(ke.I apprec al o~ (dep~aclalionJ. and ~le, chatty. InclEdes mdampl OhS, ~chang~, c~h dividends. [a~ will, held, cusl~ial leas and coa~rs~ns ~ class A :' Slatement of Financial ACCounts ....July 1, 2003, 7 Augusl 3t, 2003 AXP Global Balanced Fund, IRA Account owner(s) AIdERICA~I EXPRESS TRUST COMPANY CIO JANET M O BRIEN AS CUSTD FOR '['HE JANET M O BEIEN .IRA.. Dale accounl opened 08/20/2002 Accoun! pedorrnance inlorrna:ion is nol pcevided Ior accounts Ihal are less than year old Account Acllvity: There are no transaclions to reporl [or {his sis'lament period, Accnu~lt nun,~b~r . 0010 9915 6233 0 002 Curren~ accounl value on 08t 29120D3 Class A shares owned Currenl price per share Estimated average cost per share' $2~141,76 46g.685 $4.00 Cash invested to date' Reinvested dividends Cash dividends Accru ed di vidends Market gain (loss)" Cash withdrawn'" $2,t08.24 $4.33 $0.00 $o.00 $29,19 $o.oo Account` Value $2,141.76 · This number Is an estlrnale and should .'~ot be used In ¥'ot.r lex calculations. Consult a Fro/ess(oriel te~ advisor whes] csb(Ulating taxes ~ Incl~ides reali~d gain (less}, tm~eaflzed markel app;eci~ican (dsp;ecJalion), and sales charges· IRcludes redemplions, exchanges, cash di~dends. (aXes ~ilh~etd, cusl~iel leas and ~n~tslon s 1o class A ~AXP Diversified .Bond Fupd, IRA Account owner(s) AMERICAN EXPRESS TRUST COkiPANY C/O JANET M O BRIEN AS CUSTD FOR THE JANETM O BRIEN IRA Your a~ounl performance year old, Account aclivit¥ Date ~ 07/24/2003 Reinvested dividend at $(i.0125 per share 08/22/2003 Reinvested dividend al ~0.~117 per share Dale accoun! opened 08/20/2002 Class o! Number Price ~hares at,hares X~are A 4.756 $4.840 A 4.541 $4,770 Dollar amounl &23.02 Accoun,{ qurq.ber 0011. 2915 6233 5 002 Curren¢ account value on 08/2912003 Class A shares owned Currenl price per share Accrued dividends Esllmated average cosl per share' Cash Invasled lo dale' Rehlvesled dividends Cash dividends Accrued dividends Market ~lain (loss1"* Cash wilhdrawn-V, Account Value $6,867.04 1,854.106 '$4,780 $4.41 $4,94 $8,786.22 $371.40 $0.00 $4.41 ($294.99) $0.00 $8,86,7.04 TH$'numl:er Is an eslima.,e and shouid r,0t bt use,-J lo ~our lax ca:culaiions. Censull a Professional la): advisor when ¢&lculadn.3. la,(es. Includes ~'eatized gain {loss), unrealized ma~rkel appseCalion {depreclaboe), ard sales charges. Includes lac~ernp ohs excha~,ges, cash divlden:Js, taxe~ Withheld. cuslodlal fees mid conversions Io class A Statement iof Financial Accounts July 1.3003 August 3t, 2~oa AXP Short Duration U.S. Governmenl Fund IRA A counf um er 0012 491 6233 1 002 Account owner(s) AMERICAN E×PRES$ TRUST COMPANy CIO JANET M 0 BRJEN .AS CIJSTD FOR_ THE JAHET M O BRIEH iRA Date account opened 08/20/2002 Your account performance i :i-i i!;~ i :.: :ij~, i:i::/::':;;:t :~ '::;:~:~: ~ :: ~:,:.::. ;:: =:....,::,:.:.., .. .......... t~:: "':""'~':'~":"::':';:i!'~' ~..";::'J~;!;::;;:':.:;'~' .:H~!i~;~.':::!~ ;':'::~'~ A~.era e ann I. ret ..... . - . . .q~ urnasol. Bi ............. ~ .. J.Yeat ....... ~ Yea .............................. ' ....... ...... N/A ;~"NtA' ":::" ........ ' ........... ~' ................... ~-" Accuu~t perl'~rmance iM3rmolior, is no! p~o~ded tot accounts [hal are less II, an Dba yea~ old. . Account activily Dale AcllvJ/~/_ 07/24/2003 Reinvested dividend al $0,0081 per share 08/22/20(/3 Reinvested dividend at $0,0080 per share Claes of ,sharns A A Number. of .aharea 2.533 2.509 Price X~ ahare = $4.900 $4.870 Dollar a~moont $12.41 $12.22 Current account value on 0812912003 Class A shares owned · Current price per share Accrued dividends Estimaled average cosl per share' Cash invesled to date' Reinvesled dividends Cash dividends Accrued dividends cMaar.kel gain (loss)" ah withdrawn'" Accounl Value $7,4§8.4B 1,539,156 $4,870 $2.79 $5.15 $7,730.09 $194,67 $o, o0 $2,79 ($429.07) $o, o0 $7,498,48 This number Js an estimate a~l should n01 be used in your lax calc~alaiions. Consult a prolestJo~al lax ~'Asor w~en calculal,~p taxe~. IncI-jdes ~ealized gain {loss). u~raalize~ market appreciation (depreclalio~l, and sale~ the;gas. lacludes ~amplions. e~anges, cas~ di~dends, taxes wiih~old, AXP Mananed AIIocalion Fund, IRA Account owner(s) AMERICAN EXPRESS TRUST COMPANY C/O JANET M O BRIEN AS CUSTD FOR THE JANET M O E, RIEN IRA Your accoun{ perlormance Date accounl opened 06i20/2002 Ac¢oul:l pmformauce i~[o[maljon is no! olovided {or accotlnls Ute{ am less lhan one yaar old Accounl Aclivll¥: There are rio I~am)sactions to rcperl lot [his statement period. Accoupt number 0012 6915 6233 9 i102 Curren! account value or, 0BI2912003 Class A shares owned Current price per sham . Esl]mated average cost per share" Cash hwested fo date' Reinvesled dividends Cash dividends Accrued dividends Market gain Cash withdrawn*"' Accounl Value $4,566.93 581,774 $7.850 $8.00 $4,567.78 $84.77 $o. oo $o. oo ($85.62' ~;o. oo' This number is aa esllma[e a~d should aol be used in ¥o~ la:,: calculalion$. Consull a P~otesslonal iax a~r when calculabng taxes. InclUdes ~al~ gain {loss), unmaliz~ market app~eclalion (depreciation}. and sales Includes ~edempi~ons, exchanges, cash dividend~ m. ay~s wil~held, ~uslodlal lees and co~versions to class. Statem¢llt of Financial Accounts ' . * - .. i.--.:..-.. · .?::: ..... )'.'.':.-~o~.,~.::~e!e~i~h~..s.~:~:~ ....:? .. . . Jul/ t, 20~ - Augusl 31, 2~3 . · .' · .'::. AXP Diversified Eqully I=come Fun_d, IRA ., Account owner(s) Date account opened 08/20/2002 AMERICAN EXPRESS TRUST COMPANY CIO JANET M 0 BRIEN A,S CUSTD FOR TIlE JANET M Accuunt Acllvity: There are no transa~;lions to report for this s!alement peri~d. Accounl ~umber D014 39!5 62._3_8 002 Current account value mt 0812912003 Class A shares owned Currenl price per share Estimaled average 'cosl per share* $6,167.30 744.843 $8,28O $7.67 Cash Invesled to date Reinvemed dividends Cash dividends Accrued dividends Market gain Cash withdrawn · Account Value $5,621.88 $91.21] $0.00 $0.00 $454.14 $0.00 $6,167,30 This ntmber is an estlnlale ard should ~ol be used In youg le0~ calculations. Coe'~sult a professional lax a~lvlsor wl~en celculaling taxes. latitudes Fealized gain [loss), unrealized market apprecialien {dep~eclalion). a~,d sales charges· Includes federations, exchanges, cash dividends, laxes wJlhheld. cuslod,al fees apd conversions lo class A AlP Insured Tax-E~em t Fund Account oWner(s) JANET M O BRIEN TOD Date accounl opened 12/26/2002 Your accoun! perlormance Accoufll Performance J~lotlllaliofl is riel ~ro~de~ Ior a~ounls lhat are less {b~n one year Account aclivilt/ Dale ~ b¥/¥4/2003 Reinvesled dividend al $0.0162 per share 08/2212003 Reinvesled dividend al $0,01~5 per share Ciasa of Number Price shares of shat_es ~XXper aha_______re A 0.163 $5.470 0.158 $5.380 Dollar ~l~OUllt $0.89 $0.85 Account umber 0014 4915 623 7 002 Currenl accoun! value on 08/2912003 Class A shares owned Current price per share Accrued dividends Estimaled average coal per share' Cash invesled ~o dale* Reinvesled dividends Cash dividends Accrued dividends Market c~ain (Io-~.~'- Cash wi~hdra'wn";7~ Account Value $286.35 53.087 $5.390 $0.21 $5,77 $300.00 $6.08 $0.00 $0.21 ($1~9.94) $0.00 $286,35 This qumber is an aslimale and ~l'-ould r, al be used ia y:ur lax calculaiiens. Cons~l{ a ~ofessional la~ a~isor v/hen c/Iculalin9 I.clt~es ~ealized gain Iloss), unrealized ~arkel {depr~ialionL and ~ales charge. Inclt~es ~ed~pll~s, exchan9~' cash ~dends, la~as~vlU~he~d cust~ial roes and conversions ~ class A. AXP Parlners Small Cap ValUe Fund, IRA Account owrmr(s) Dale accounl opened 08/20/2002 AMERICAN EXPRESS TRUST COMPANY CIO JANET M O BRIEN AS CUSTD FOR TIlE JANET M O BRIEN IRA Your accounl performance .,~,ccoulH peHormance lntormatior~ is not p~ov~ded for accoufils thai are less llla~ one year old AccouIl| Ac||I/ily; There are r~ Irar~sacliens to report lar this statemen! period. ,Accoulll number .0.017 29!,5 623~ 2 002 Current account value on 0812912003 Class A shares owned Currenl price per share Esllmaled average cost per share' Cash invesled 1o date' Reinvested dividends Cash dividends Accrued dividends Markel gain (loss)'" Cash withdrawn"" Accounl Value $3,570, g9 629,804 $5.670 $5,05 $3,162.31 $16, 62 0.00 0,00 $392.06 $o. oo $3,570.99 This number Is an esUmaie and shou'.d nat ~ used in yc~,tf lan caAculaltons Coa]ull a pr~essJonal [~ advisor when calculating la,es. Ir, eludes r~lized gain (lost), tRmall~d mar~l app~eciall~ (depreclalioaJ, and sales charges. Incluaes ~edempUons. excha~g~s~ cash ~ividends. la~s ~lhheld, cds~ial fees and C0n~rsior s Io class A Americar~ Expresa Brokerage Account "':'"~' "* ~ _.:.2d~h *?j~b~,,~,:-j~ n'~:.~ H~ J~'~, ~, · :, "~f,~ ~ -~x. summary [rom July 26, 2003 to August 29, 2003 $0.14 0'00 Nel tolal income Asse! aclivity debt! Assel aclivit¥ credit Clasing money markel and cash balance Dividends alid Interest summary Taxable dividends Taxable i~!eresl Non-laxable interest/dividends Net total Income Ope~iing ~no.ney marke! and cash balance Cash deposits Cash withdrawals bet OOD 3047 3789 3 02 Curre~l Year-to-dale $0.00 $103.15 $o, oo $0.14 $0,00 SO, DO ~~.6d '---~0~ Review ol account on August 29, 2003 Value last slalement Money market and cash Tolal porllollo value Value change from last stalernerll $48,315,70 $o,o0 ($48,3t5,70) Portfolio Holdinga Maae¥ Mmket a~d Cash Value ~1 Mouey Market and Cash Estlmaled Est/maie~ m a~rk_.9_eLvalue Estima!ed annual "-'4--V-ia I d income $0,00 Actiully Cash Deposits D~a!e_ ..... _D es___c.r_ipti on Cash Withdrawals Date . .D. es_c_ri~liun, DJ~ide~ds ~l~d hlleresl ~_aLe ....... A~i~y Description Amount c~:edlt'ed Date Descrlj~on Tolal Cash Arnot~t credll_ed.. $0.00 Amount debited Date Desc.rj~ion Amoun{ { ${ ${ ${ ${ ${ ${ ${ ${ $~0. ~ 3,) - debiled Total Cash Withdrawals ($0.14) * A~nount Amount debited credited Asset Acllvity ~_aLe ........ A_.c_LivilL_ ~_e.~_c. rip lion 68/14/2003 Delivery LIB SELECT VALUE - A LIBERTY FUNDS GROUP DELIVER TO 309784561 08/14/2003 Delivery VAN KAMPEN GRW & INC -A VAN KAMPEN FUNDS DELIVER TO 309784561 01t/14/2{)03 Delivery AMER WASH MUTUAL - A AMERICAN FUNDS GROUP DELIVER TO 309784561 Quantity (953.289) (1,230,991) (378.5a6) Total Dividends and Inleresl $0.00 Estimated Estimated realized Amount .Amount Price cosl basis' gain I~)'~ debiled credited $0,00 Tolal Asset Acllvlly $0.00 number Is an eslimale mad shDuld hal be L;secl i~] your la){ calculations Co, evil a ~o/essional lax advisor when calculallng laY, es. Es(treated cosl basis is not available fo~ all posi';~o~s. Amou,lt debited and Amour, l clrediled includes aj:@l'lCable commissions and fees. Fo~ bonds and CD'e, Amount debilec~ an(I Amou~l. crediled may include acc~ted inleres~. Please see you~ (rede conllrmalio~ tor dele. ils. ~,~co~nl~ carried by A~'nerical~ E'nlerprise inveslmenl SErvices 704~ ~ Fmanclal Cen~er American Enterprise i~slme~l Se~ce Inc. v/ill r~l~ remuneration for dl~clihg ~de~s ~oa ~agic~lar brewer o~ ~aler. lhro~gh ~ich 'l~[ Iransac~on is a~ealed Such ~mu~era[Ion considered ~ ba com~'hs~G~n fo ~s '~d' I~e '[our~ and a~ounl any co~pensaCon w~lJ be disclosed upon request Dela~ls aboL, I commissions a~d ~t, er cha~e= rela~d Io oplion~ Iransac(lons in you~ accounl ha~ bean ~ided iff confUma#~s pm~Jously ~1 Io ~. This i~[mmalion will be ma~e available ~u prom~d~ upon req~es~ P;~se a~ise us immed alely of any meier. ~al change In ~ur ink.meal ebj~oti'~s or Ilnanclal Acli~ For this Pe~od A transac~un may co: appear on IhJs s(a(emenl if date is after q~e ~te ~('our -' ....... ' setlle~e~ appear on your ~e~ ~alemenl. Fr~ Credil Balance In general, a free c~edit balance repte~enls [ands payable demand which, althoLgh properly a~unled teton our bo ~? :?gteg2led ?~ m~ b~used iff fha co~ducl of fl~ flr~ s. are .usmess ~ will pny ~u ~nteresl on available fre~' credj~ balances, and as pn~ of c~ensalion in seducing yOUr we may ear~ income grozn the balances: American Express W~llh Manaaemenl Se~ces American E:~ess Firancial Ad~sors is lbo broke~ dealer ~ mc~d aaa egect~ ~1 Ilades for your Weatlh Manage~enl Se~ices as agen~ Tra~es se(gte through Am~ican E~rass Enle~prise Inveslmenl Se~ces, Inc ar, a/fillale of American E~tess F~nancial American E~tass Brokerage will n~. provide, upo~ mquesl. lionel In(or~tio~ relaled to orde~ ~ecal~ons including delalls on whom an~ when ~ders were e~ecu~ed. A~e~caR 8roke:age will also matte a~aHable a qua~e[I m off ln[orm~lo r a · Y P priding a. ~ fdJng order rouging deslinallans. To me~e m~o~ please comer an American E~Fress Brokerage rep~esen.ali~e al 1-~3 ~P.~RV_ - Margin Accouul Customere Using American Express Credil This stalo~nenl is a combined elaleme~l of ~aur ma~i~ sub* accoum earl special memorandum sub.accupril male~Jne~ for yOU undez ~ction 4ff)(G) ~ Regulation T issued by [he a.am Go.mots o¢ Ihe Federal Rese~,e ~lem. The ~ma~enl te~rd el the separate sub-ac~unl, as ~:~ired ~/Regulalio~ a~tla~e (or ~ur las~icn upoa mquesL Securities purchased on ma~in am ~e f:tm's coil~ral Ieee Ip ~u. II (he s~fldiies in ~ur aceoer, t decUne i~ value, . so aoe~ IP~ val~e ollhe collateral suppodieg your lean. a ~esull, Ihe hrm cap ~kE action, sdch as IssUe a ma~ia with Ihe ~embar i- ~-- ,- _L~ ..... ~ Is he d ~ , -. -,~m ,u e~mma n I~a requl~ed ujl acccfln,. I~ Is i - ~ y involv~ n ,.~/lahJ j~ yOU tally u.derslaed (he risks the foil~ln~~mg sacurlues on marwn. ~ese hsk$ include You can lose more ~nds lh~c ~u d~asil In lhe ma~gi~ The/irm ~an [or~e the sale ~f s~ud~es or ether assets iu your ~counl(s). The/irm can sell your JecurJl~s or ~he~ assets cenlacling ~u. You a~e ~oJ eel I ed ~o ohcose which s~Urjlies el ol~er assels In your accounl{s) are tJquida~ or sold lo mee~ a margin call. The li~ eaj~ inoea=e its *~ous~ m~elenance margin require, menls al any time a~d is eel required Io prm~iae you advance You a~e Roi untilled to ~n e~sion ef lime on a ma~in call. Im~oria~l Feelers Io Consider ~e~lc~n ~press finenci~ a~som pay c~arges ~ Some mulual Jund and securily sales, purchases and ~anges Tra g~a~es}. The ~ale cqaraed va~i .... a ~ _L_,, ( n. aclion J0. Iransacl~en lo ~ransa~lan. Transaclion ~harges de(ernlined by a vaHe~/el l~l=~s such ~ the · el ~VlSO~ qo ~ Pay/r~nsaclion C'harges o~ eerla¢~ &ansa~i~Ons associated with mulaal funds ~dictpaliro ia Salecl Group Progfanl including ~ ~unds. ~cmdi~gly Be fransaeljon ¢harges In~rred by W~-r adwsol ~11 va~. For more infer- ~alJae 0h these tranaacllon charges, ptea~a ask ~LV a~isor. Diddead and Inleresl ~umme~ - lepotlanl Informal{oa rot iRA Clients you are an I~ cllanl, lhe Inletcsl and dividends descend Finan=lal InleresI ia Pmducls American E~p~ess Financial Corpolatlo~ has a hnancial InJeres~ the s~es of pmprlela~ produ~s Ihs: are manafac~uf~ by hs al/iliates. AE~ and lis a~llal~s receive selling ¢o~mJssions ar o{her comport salion for In~m~ls. firancJal &~d i~su~a ce . you purchase. Reid lead.s lec~ve a sale ~o~us a bio ~or an o~rali~ bu .... ,__ _ ~ , nd are d epe~all~g ~udga varies d~--~,-- - '-- . .hi et Ihe bonui you purchase. Reid leaders mav~e~i~ higher co~pensahon when pvopnela~ ~roducls and mulua[f~ds In Ihe a~e pu~hased Fina~*ial a~.~ .... ~_ ~. ~cup er~zam P~opriela~ muk. al funds us. hah-p~opriela How~e pensalio~ sbuclares va~ b~ ploduct tyne ~- ...... ~ ~ecause com. insu~nce ralher Ih~ Ofhers~ ~ ~cHam ~ypes of ~oduc[s, such on m~rgin w thoul ~kJn~ aa~ 4~ ...... ~ Sa ~cufilies pOWer ~sUally e~uals ~uble the amou,~l el Free Cash. D~I~ · Uo~me~l of ass~ls oul ~ a brokerage acceder w]l~0ut F~ Cash -Amoun[ thai can ~e boffo~ on ma~gin inc~asi~j col ale~aL The a~.oual can ~ wilha~,~n G~ used Io purchase nen-ma~ginable s~uril~as. JouJ~aJ. Mo~menl of sisals wll~ie a brokerage acco~l or Jo differenl brokerage account. Margin -AbUjty 1o ~o~ ~mn a bm'~Er usina l~e ~lue of iecu~. itjes qwaed as collateral baseG oe an approved margin agreemenl. agreemanl. Margin Balance Oet~lending - Leas [debl0 amount fo~ sec~d[ies purehas~ uslag margin. Mulual Fund C0al Basis - The a~rage basis, sirr~le melhad Il use4 Ia calculate ~sl ~sis tot muJual fund[ R~ejpl - M~meal of asse~ or cash ingoa b~okirage aCcounl. Plier Y~r Dlviden~. A dividend d~clared by a muiual ~e~d o~ ~E[~ I~ ,~lobel, N~mber er Deceaber is consi - . Dy tea snareholde~ for la~ hLi~. ~ ...... ~r~ r~eived dl~dend is ' ~ ~-~ uy -~emoer ~1, a~an ~ Ihe July 1, 2003. Augusl 31, 2003 . - Group Number :oalp 6233 0 oaf - . Onlln ..: .. '" '. i' . This page tnlenlionally le~t blank · .'. "';-..':"' ;'~,~' .~.-'~ ?'..~.;.' "' - ..... ~:.- . ,:' ' -U' - '. : ' ....;':',.-.:.Z-.,,~:!-~.~:;;~.~';:~, ~..'¢.'~":':~?.:'-'7'!~ ~;~%-..:~,f;.~:.-.*.,57..' ' ..~s ?--::~.~.~:~:.,,~.;?.,....':~:.~.r.-..-.: ...... ~._., ...... -: ': '::: :' -'-:. ' .:' -'".~ .... ; ' ' · ..... ' .... - -.' ..... - -" · :-!3.?:-'~: ;-:%::-..: "'-.~';~¢";'7:97k.;..?:-?.~-t'~'?':}i?.;;:-*::¢~'-.%':;~?' ' ~:~,~q.1~.-:~.i¢91~:~':',~:-(.."3.:'::~7--...'-.~ :,: .::. :._;;ll~.-'j~.:, .,:..july 1, 2000. lull.,t al, ~003' ,. ": :',:-',:',' ,,~,;', `~..::~.~`~`.~.~:.*....`~.~`:~:.~.:~.~`.:`:..i~¢~.~..~:.~;~~i~..~;.~:..!:...`.:~`.::~.:`-.'. --,."--.';:,', :':-i · :; ' .' ¢ '.: :~. ;,~:::' :::" - .::.' : . · :' · .... -' . ; - '"' '..-'..,~:":i.',.:-¢~: '.' ::. 7.-'.:'.2:-?% ':-" ":'¢-.,:¢;-:-~i.i%..:{*~'~"&\'}rt.::"::*7{".~?,':z.-~,,":;.'-' ";.';:.':5':.::-*'~-,=;-' ...... · -~~ ............ · .- .-.--. · Croci Num er. ' ~$' ~.~ n'~i~'.~.'- .......-- · ,:-~lh~' .,.,.--.'., ........ ;..- ...... ' - ... . p.'. 8 .. . .... -.~ ....... . ...... . . Automated Telephone Service Service Information Enler your social sezdritV gumber Enter your four-digit Pitt Clmose the option for Ibp !n~orma. tion Ihal 7ou'd like lo heat For accounl values press I. ' ' For accounl aclivity, press 2. For Amellcan [xp~ess proddc( plies ra~es e~ pe~otm~R~, press 3. ' ' Fo~ PiN Maintenance. press 4 F~ document requesls, press 5 For assistance, press 0. EFFECTIVE ON OR AROUNO JUNE 27, THE FOLLOWING AMERICAN ~[4~1~) ~R~s VAH[~LE PORTFOLIO BOHD . WILL CHAHGE THEIR NAME8 TO THE FOLLOIMH~: ~P Bored F~nd will cha~ga le ~ Di~-'sified Bo~d Fund. ~p E~a In~me Fuhd will change lc ~ ttlgh Yield Bond Fun~. ~p Federal Ig~ma Fund ~11 change io ~ 3~oH Du~alion U.S. G~ar~meni Fu~d. ~ VF-gohd Fu~d will Change Io ~ ~'-Dl~siliod Bond Fund. ~p ~-E~e' I~roma Fuad will cl,aaga to ~F VP-Hioh Yield Bc~d Fun~. ~p ~-Fedaral Income Fu~d will change lo ~ VP-SAa~ Du~allon U.S G~*n-men{ Fund, EXHIBIT D 200Z31GhI12G79.00~ 0~2 ! I/IZ/~OOZ ~2.'D~'~3 /~t/ ' pv nt Appliemion I CORPORATE OFFICE USE ONL'Y I (~ ELEN~ AliT BA .J · ' An approved Cber~ Profile Form 200152 for eu~ cifafn mUST be imbmmed prior to ,L,~mhlminm~ an a~ou n~ L · For address Changes tmblmt From 618 SecUon A-- ~lent IBfummhon ~ IndMdml w~ TOD(A~ach TOO l"l temms m Cmu~ [~] UGMA/MTM~ ir'J E.:ale_ Trg~J~lr~j~ Owo~l~N,~s ' Reqe~es Addmmm] Forms- (Refer m investment Appl~ahon ~ Ins~on FoTm ~ 1 tn trams cabinet on A~vtsor Cora~ct} Semen B -- I~e~ Selecflon- (Refer ~o Invest~em Applicanon Y'586 Insm.,~on Fora F................~ ] Jn forms cabinet an AdvLsor Conr~ [] CHEC3C HERE IF i~S IN LP/RF. IT ATTACH FORM 232AND SUBAGREEMENT B~qk Autt~rm~mon , Month - ..~_[ Corpome I)ffr~e u. OO2 Product (Imm A c L-] I ODm~Oepo~ Secuon F-- ~ OoI~.C~ A~,ng (Or.A) and~o~ Stma..,mo eayoK ~ (SPOs)----"--- Pert I _ Dollar-Cost Avenging Ff~luency(chectrone) ~lV~nthiy E3(iuarte~ r~Sem~an~uafly ~A~nually (Wdldeiauhlommlthiydln~tlencT,sllOtlndlcKed) OatelMM/DO/YPPf)l.~e~echo. F,~ Slordofnua.d~~ ~ Part 2 -- gPO Payuut Oplmn [Mmimm of ~ for payouts lea~ng.~m~e~c~n Ex~'e.~ F '" - S- l-lA Cbecktocllell~,, r'lo ~. ...... } ecl:A Bore ' ~ ~Expianaa~ efln~e,Jzment .._.__~_ -- -, u - ,u,,uwmg.~mment. sana s,gmngThrs apphcatm youamowJedge thet'ollaw~j 3. lame.US Pmmm:itm:imtnlgaiJS ~.demekee) TaxpByer 1~ : z__._.._ L_._. L_._._L I~lJlMIvl/~C)A'YYY] I ] IL I IL I ~ ' t Pu~h~se ~am Funct and/or Cemf~:_~,~ Name{s) Account Numbed$) (Fun~s CertJfJcatesorSecuntss OniW J ~ undersigned owner at the above ~,:toun~$) desoto to estabhsh a Transfer on Dea'dl ~OO) demg~n purlin m ~a Mm~ Un~ TOO ~r~ P~g~s~mo ~Hthe ~) U~n~(or~ me~of~ia~r ~ Amen~n ~p~s ~ml ~ ~c ~rJ~A I~nt Sew~ Iflc an~ tho fufl~ m ~ (m~ua~jy or col~m~ly core.ny )~14 d~s~um ~ a~ ~rd~ m ~maon s P~ml pl~ of bum~m In Mmn~hs Mm~m ~eq Ben~m~ I m~r~nd ~t mdca~d m ~ ~O reD--on any ~s pr~ ~ m dea~ wdl be ~M ~ ~ ~ ~cbang~ for e~an9~ a~ ~flg comm~ r~aM~ of ~emer ~ a~ h~ a d~m or no TeD r~ (b) I ~e ~d ~r~ ~t ~s TOD ~on 8~ou~ e~l~ ~ me ~ m a ~ or ~ exc~ re~ ~th ms~t ~e ~ou~ h~ m ~J~g TOO r~j~ pronely ~ TOD ~ ~ ~ ~ ofl~ on e ~er Ag~nt ' ~m~O ~J~o~ Iec~leOgaana~e~aTany~O to ~ ~s~t~ m here~ ~ucmn~ I un~ a~ a:~l~~ ~m no ~t a~n~ m f~t change ~e b~:m~ ~ dall~ m P~ A~ ~memor W cou~ o~ ~s ~mlon ~all n~ ~h~b~t ~e ~le or pl~ge of my acmunt ~ a~ ag~: a~m~ m ~c: come.mr or g~an Pl~ o[~D Ace~m f ~mmnd aha ~~ ~c tf si) ~ ~ of my ~m has ~n pl~g~ ~ ple~ ~ b~q ~ul Cbddmn I undem~ end a~J~ge ~ddre~ ~s fmlud~ m my TOD feg~uon ~ ~Qon ~aff be ~emed to m~uOe ~ IN~ leg~ c~Jldmn bom m ~ ~fd~ I~ally ~op~ ~ me a~er Lhe ~m of O.s ~m~t ~ or ~ h~ ~ na~ ~ ~s ~mem~t S~ chriSTen and ~nd:hlld~n am ~ ~md under · JS d~gna~en 11 12 ~3 14 9 Pawnemaf Onndond~ If eppl=able i ar.~owmdgeaM a0ree ~t~ m~rd ~ fir ~ ~T of a d~d f~ ~ a~) ~er ~n a~ ~mer a~ ~mcular ~M~ sha~ ~ to ~ fl~ce of my ~ at ]~ prJnapaj ~ of any ~rmn c~mg ~ ~ an ~t m my a~s~ ~te ~ ~ ~e ~ s~ll ~ a~ ~ t~ ~ ~ Um~ TOD ~ ~l~ ~t ~d I ~r a~ m m~l~ me ce~apj~ ~ hold ~e m~ny ~le~ ~ any ~e pr~s~ ~ ~ ~ ~lJ ~ b~mg u~ ~ hmm ~nefician~ any c~ obj~g ~ ~ ~r of S~ P~T ~e p~lSlOm of ~ Mmn~m ~de~ TOD ~ a~a~ Am The ~h=aw op~s ~ be am~ ~ mm~ m ~ t,~ (~] da~ mtf~ mm~ m me at my a~m~ m ~ ~ ~ ~ mmp~ :ompa~ u~ S0 d~ n~e ~1~ m me at ~ m ~ com~ G~mml ~w ~mm ~Jl be ~ ~ ~e t~ of Mmn~o~ a~ s~ll ~ to ~ ~eflt of ~e m~ an~ admm~m p~nal m~re~n~ ~ a~ Uff~nal and ~ S~~ UA~J or~l shams held m a bm~mge ~oum ~lch ~n n~ $ dwded ~1~ among ~e b~j~ will ~ t~qu~ ~ ~ pr~ t~r~e~bu~ m ~e b~mmnes 'l me or ~ mear~ zfle ulcflV~lL~l Q~' individuals s~gnmg thJs Agreement I C°rporata Off=a Apl~r~'a~ ' IOar~ ~campe~ ~O0231b'M126 79. 001. 00 7 !1/I2/2002 mo proceed~ provlcl~d however That ~t~ ~ll~l of the ownerhasflm~ ~m ~ OWller ~ ~m whmh ~e ~J~ ~uid ~v~ re~ ~ be ~ ~e ~d ~e ~er ~ll ~ eq~Jly O~ a~~ ~e ~mg ~l~ (~ ~ D ~ ~r'8~ ~ ~ ~e [~1 ~of ~e ~ ~ual& ~ ~ ~1~ or ~ ~l~ ~ ~ ~ ~f a ~l~ of ~e ~er has d~ ~om ~ o~r ~ ~are wh~ t~ ~,ld ~u~ ~ rece~ ~he or ~ ~d ~ ~n~ ~11 ~ ~ m his er ~r JlV~g ~ul c~reA or ~ ~.ls agn~ ~ ~ ~ the ~dsJ * ~11 N~me of ~l · ~laaonsflfp of mdw~l ~ ~e ~ Tm~ S~aW(~ · ~an~hon or to ~r * ~de nm~r ~ wJlJ ~e ~l~} %' ' ~T~ · ~re~ of o~n~ forTe~nm~Tm~ D~of B~ SSN~N Primary and Secmldary must_p, qAje! 100% Sectm~s ma~ed as Required am required for proces~ng me form Thts Sectmn Must Be Completed In Full by Ali I~wners Ch~ap~opnateboxtomcJu:ateMarj~j$1~tus) [:]Single L--IIV~(SB6 CoIlS6rlTOfSpoLl~e } Consem of ~pouse Th~s co~ser~ of spouse must be s~ane~ if alt d t~ follQwmg r. oAd~ons ere pre~nt (a) The spouse of lhe ewnm' is }ivmo ih) Is notlhe ~ma~' benef~cmq, name~aj~ [tithe owner and slzA~e are re~dem~ of 8 commumtl, pmper~ tAnzone Cal~foml~ idah~ Nevada ~ ~o T~ Wmh~n a~ ~ ) ml~u~h all ~ ~mt~ or ~er n9h~ ~erem I~ Applicati0" I~-~W~--,~t ~ ' :d~PORATE OFFICE USE ONLY ~ ~ ~ BENE-ACg7 BA SP0 A~er N~b~ ~ ~ A~iser Nam~ An approved Client Profile Fo~ 200152 for each client must be submi~ed prior to establishing an account/. For address.changes, submit Form 518 1. Client Information ............ Account Holder Name [First, Middle Initial, Last_) ' Co-Account Holder Name (First, Middle initial, Last) n Express Funds [] American Express Certificates Social Security N'um~ [] Limited Partnership/EEIT (include Form 232 and Subscription agreement) 3, ~)count Reois~al;on [~Jndividual [] Tenants in Common I"1 UGMA/UTMA [] Estate [] Individual with'rOD [] Community Property Relationship to Minor. [] Joint Tenancy I'WROS) [] Guardian/Conservator [] Sole propdetorship State Governing UGMA/UTMA: I. 1 I 'l'ru-~'~in~s Ow~i~hips: Reqnims Additional [-~$- [Refar to lnvesi.,ent Appli~tion 51~ Instruction Fo~ E8~-1 in forms ~abinet on Advisor Cenaect} [] Corporation (01~ [] Partnership (02) [] Trust [95 [] Tax-Exempt Corporation (05} F'I Pm~ional Associa~on [02) Name ~f Comorat[on, Pemerehip or 7~ust Name of Trustee(s) [Trust) or Authorized Signer (corporation/Parmership) l~usiness, rrmst TIN Sa'eat Address (For Business Only ~ Include City, State and ZIP) ! I.._L_.I I_LLLJ., I lllilllllll_j Date of Trust (mm/dd/yyyy) ~. Investm__ent Selection · American Express Mutual Funds/Cert~icates dividend and interest will automatically default to Reinvest. To select other options, complete Form F140. Produc: ~breviation Share Class/Term/Participation Initial Amount Monthly BA Amount BA Date Imm/dd/yy) Product Abbreviation Share Class, q'erm/Participation Initial Amount Monb~ly BA Amount BA Date (mm/dd/yT) Product Abbreviation Share Dass/Term/Participation Initial Amount Mohthly BA Amount BA Date imm/ddlyy) Product Abbreviation Share Class/Term/Participation Initial Amount ilk/,? P!)(,J ..1_ _1 I I~J 4x~cx ~ IFlux ~r 5m u BA Date (mm/rid/W) Page 1 of 5 Monthly BA Amount Ig~ ~O. go qt, _~'7 s-. 00 5. Account Funding Indicate which method you are using to fund the account initially. Bank Authorization [~he lc authorize'don ck enclosed [] American Ex'press -[ransfer/F-xchan.~e/Redemption (at-~ach Form Fll 9 or Form 33442} F-~ W~re transfe,~ . [] Ex[ernai account ~nsfer (attach transfer form(s)i From Fund Start Date {MM/DD/YYYYY [] Add. to existing bank authorization. Bani: account number: . . : [] Set up new bank authorization. Use attached initial investment cheo~ or a voide~ check. 7ace a voided ct~eck to 8~ x 11 paper and return with application. If no s[ar~ date is specified, ~ve will use a date 7 business 0ays after receipt of the ap~licai on. For savings bank information, complete Form 1748 ' 7. Wire Transfer and Direct Deposit AuthorJzatio~ I authorize American Express Enancaal Advisors to establish the abil~ to transfer future redemptions/surrenders via electronic transfer to my bank. iThese arrangements ma,/only be established if ~e American Express Rnanciai Advisors account and banl~ accounts have identical ownerships.} [] Use bank information from SemJon 6 for fur. ute redemptions or surrenders into my bank account. 8. Authorization for Dollar-Cost Averaging (DCA) DCA Doliar-Co~ Averaging/Intema! Transfer Option Payout plans moving irrmmally will be subject to minimum requirements of the receMng accounts. Frequency (check one} ED Monthly [] Quarmrty [] Semiannually ~ Annually (Will default to monthly iff]'eqeency is not indicated) Amount ToFund From Produc~. Market Sb-ategy Certificate Participation Terms (minimum $1,000 to new term or $5D to existin[7 term) Frequency (c~eck one) ~ Weekly _ml Monthly ~] Bi-Monthly [] Quarterly [] Semiannual [] irregular (check contribution months): Amount (DoJlar~} $ End Date (Required) l'-IJ ElF DM []A ~M r-Id ~j r-iA ~S []0 E3N ~'-ID Start Date {MM/DD,NYYy) [] Check if the last te~m is tc iocl-de the requested dollar moont.~lus all interest i~ the fixed sub-a~count. 6. Explanation of Invesl~em: Your American Express financial advisor is required to review this investment with you. Please read foli~t., emerge and signing this application, you acknowledge the following: the prospectus as it contains details about the investment. By checking the ~ Adequate Information. You understand the investment obje~ves and risks for each investment specified in this application. There is no guarantee that the objectives will be achieved. American Express Rnanciai Advisors Inc. is nat a bank and the securities offered by it am not backed or uam ,n,~., .re they insured by the FglC, g nteed i~/any bank, / Yields and Values. if appJyin§ for mLCuaJ fund shares, you understand that share values fluctuate daily. When you redeem year shares, you may receive more or Jes~ " then you paid for them. Dividends and interest may fluctuate up and down and are no~ cuaranteed. If a ' - · i,,~ is decJarerl and when Jt is added to your amount. - PPt~nI~ for e face amount ~eraficate, you understand when ~ .Ch~,~es and Fees. We receive fees es explained in the prospectus. You may have to pay sales or su~Ten .,/~_. ~. ants should be held for a number of years der charges. These are some of the reasons most ~ Telephone Redemptions or F. xchanges. · The ability to do transactions by telephone is an automatic service provided with all mutual fund and certificate amounts. · We ar~ept zelephone redemption requests up to $50.O0g from a single owner on multiple owner accounts. The account into which funds are being transferred must have the same ownership as the account providfnl~ the funds. Some forms of ownemhip prevent telephone transactions. · We reserve the right tu refuse any telephone request that does not appear to be authentic. American Express Financial Advisors and its affiliates accept no liability for any action resulting from a telephone redemption/surrender or exchange request that appears to be authentic.  ccept redemption and transfer requests without regard to the impact such changes wiIl have on named beneficiaries. g/Cl[en~;,Slatements. We periodically send our ciients e statement covering all accounts owned by members of ./~spouses or dome~c parmers, you will receive consol dated statements for all acm ........--J- ........ the .sa.m.,e hou~e~Jd. You understand ~hat by applying ~ Drafts are a'~=~ --" ...... · ,.,,~u~, Wll~'ulur Ir~OlYlOUally or jointly ownen. o,=,,,u~ u, ~asn Iwanagement Class A and Tax-Free Money Class A accounts w~th most ownerships. Drafts will be honored with just one signature even on jairrdy owned attaint trusteed a~counts. u F/o~) Page 2 of ~ 1 ecJaretiou and Signalures --' ~ U ~n~ler penalties of perjury, J cattily that '~ 1. ~°i'he number shown on this form is my correct taxpayer identJfiaation cumber, and 2. ~_ om cot subject to backup withholding because (a) | am exempt from backup witbboJdin§, lb) J have not been notified by the internal Revenue ~S, ervice (IRS) that ] am subject to backup withholding as a result cf failure to report all interest or dividends, or (c) the internal Revenue Service has ~--notified me that I am no longer subject to backup withholding, and 3. i am a U.S. person (including a U.S. resident aJieuJ. The internal Bevanue Service does not require your consent to any provision of this document other than the certificalions required to avoid backup withholding. '~bu must cross out item 2 above if y~u have been notified by the iRS that you are currently subject to backup withholding because you have failed to report ali interest and dMdends on your tax return. Sign here with your correct name spelling Print First []liem's Name ,, Print Second Client's Name T~payer ID Taxpayer ID Second Client Signature ~X Team ID Ser~i:i~ ~lvi~ignat~,)e~ //// Comp % Area 0~ce Nu~ Team ID Se~i~i~g Ad~r Si¢~a~re 111111 Camp % ~ Office Number 1. I .... L ....... 1 UGM~VUTMA Designation o~ Su~.ces-s~/~us~odian Advisor Number Phone Number Ext. - Advisor Number Phone Number Ext. To be completed out7 by Custodian. Must be withered by person other than successor ousmctian, lThi~ designation is not valid in the ~mm of Ohio.) Successor Custodian Name Signature Date (mm/dd/yyyy) Signature of Witness I I ---- L_I I L_L_I L_L__Lj Acceptance Approval I Corporate Office Use Only I~ Purchase Date Page 3 of 5 ~ .?Transfer ~o~ :Death Account ~greement Account Identification IComplete this section exactly as it appears on our records.)~ Name of Clientis) Fund and/or Ce~ficate Name(s} Account Number(s) - (Funds, Certificates cr Securities 0nly) L the undersigned owner ofthe above accountfs} desire to establish a Trarmfer on Death f[OD) designation pursuant to the Minnesota Uniform TOD Security Registration Act Ithe ActJ. Upon my dea~ (or upon the death of the last survivor of us), American E~press Financial Corporation. American Express Certk'icete Company, American Express Financial Advisors Inc., American Enterprise investment Services inc., and the funds in the Amedcen Express Funds lindMdually or collectively "company") shall distribute my account according to the terms and conditibns of this Agreement, filed at American Express Financial Corporation's principal place of busirmss in Minneapolis, MJnrze~ote. In consideration of company acceptance of my TOD registration, [* agree as follows: 1. Joim Tenancy. Iflwo or more individuals sign this Agreement, they shall be the owner~ of the account(s) as joint tenants with rights of su~vomhip. 2. Secondary Beneficiaries. I understand that if no survivorship provision is indicated in my TOD regLv~ration, any fonds earmarked to a beneficiary who precedes me in death will be paid to my estate. 3. ,~r~change~. {a) J authorize rte company to accept instructions by telephone or in writing for exchanges among existing company accounts, regardless of wb~er the accoun,,s have a different or no TOD registration. (b) I acknowledge and agree that this TOD registration shall appiy to any new accounts ascmblishad by me pursuant to a written or telephone exchange reques~ with respect to the accounts listed in this Agreement. 4. ChanDe of Beneficiary. J aclmowledge and agree that any changes to an existing TOD registration previously created by me, and/or any newly created TOD registrations may be made only on a Transfer on Death Account Agreement_ 5. Previous TOD Re§istratio,,. I aclmowledge and agree that any ~20D registration or Declaration of Revocable Trust previously created with respect to the accou~s) listed, is hereby revoked. §. Rduciades. I understand and acknowledge that no agent, attorney-in-fact, conservator, guardian, or other person acting in my behalf may name or change the beneficiaries, except [f allowed in Power of Attorney document or by court order. This provision shall not prohibit the sale or pledge of my account by any agent, attomey-in-fac'~ conservator or guardian. 7. Pied§e of TOD Account. I understand and acknowledge that if all or part of my account has been pledged, the pledgee has the right to change the registration of the portion of my account that has been pledged, includino the fight to cancel the designated TOD beneficiary. ~ 8. Uving lamr[ul Children. i understand and acknowledge that if"living lawful children" is included in my TOD registration, such registration shall be deemed ts include any living teg/dmate children bom to or children legally adopted by me after the date of this Agreement whether or not iisted by name on this Agreement Stepchildren and grandchildren are ,at covered under this designation. 9. Payme"t °f Dividend~ if applicable, I acknowledge and agree that the record data forthe payment of a dividend from my account(s), rather than the da~ of declare'don of such dividend, shall determine with reference to my deat~ whether any particular ~ividend shall belong to me otto a ben~r, iar~/*, provided, however, that all dividends may properly be paid to me mT[il the issuer ofthe secufftias on which a dividend is being paid has received wrilZ~ notice of my death at its principal place of business. 10. Effect of Other State Laws.** I aokn awledge and a~ree that if tran~r on death registration is not permitted under the laws of the jurisdiction where I am domiciled at the time of my death, the ~mpany may, absent notice from any person claiming to have an interest in my acoou~s}, distribute the account(s) pursuant to my TOD registration. In the svent of such distribution, I agree that the company shall have all of the protections of the Mirmesota Uniform TOD Security Regisumtion Act, and I further agree to indemn~ the company again= and hold the company harmless from any and all claims, and the provisicr~s of this paragraph shall be binding upon my heirs, Jegateem, execute, administrators, pa.monal representatives, assigns and baneficiariss. 11. Revocatio~ of Benoficia_5, Designation ~y Will. J understand and acknowledge that a revocation of this beneficiary designation in my will is not binding upon the company unless the company receives written notice from any claimant object2ng ts the transfer of cecurfties pursuant to this Agreement before such transfer is made. 12. Amendment of Tatum. I undemtand that this Agreement shall be subject'to the provisions of the Minn~ota Un,arm TOD Security Registration Act_ The terms of this Agreement, with the exception of the terms des~bing beneficiary options, may be amended bythe company at anytime upon thi~(30i days' notice mailed to me at my address in the records at the compaq. The availability of TOD designations may be terminated at any time by the company upon §0 days' notice mailed to me at my address in the records of the company. I3. Govemi~§ l~w. This Agreement shall be governed bytbe laws of the State of Minnesota and shall inure to the benefi~ of the company and its successors and assigns, and shall be binding on me, my heirs, legatees executor~, administrators, personal representatives, assigns and benaficiades. 14. U~eq.,al and Fractional 8hare~. Unequal or fractional shares held in a brake."age account which can not be divided equally among the designated beneficiaries will be liquidated, and the proceeds thereof distributed to the beneficiaries. *'I.' "me" or "my" means the individual or individuals signing this Agreemem. --TOD provisions are not available for residents of the stem of Louisiana. Corporate Office Approval Date Stamped 0/021 Page 4 of 5 ,~ BpneficJary Designatior~*'* (Choose only one option.) (Se~'"rdnt'# 8.of this form for a.q explanation of "living, lawful children.") -- [3~A. Spouse if Living, if not, Living, Lawful Children ith Rich*ts ~f Survivorship. Beneficiary is; Owner's spouse," ~ if Jiving, if not, the beneficiaries are the living lawful children of the owner and they will receive equal shares of the proceeds; provided, however, that if I:~ a child ortho owner has died l~efore 1he owner, the share which the child would have received if he or she survived the owner will be equally divided ~ among the surviving children, ! [] B. Spouse and Per Stirpes. Beneficiary i-~: Owner's ,spouse," ," [f living, if not, the living lawful children of the owner · equally, the survivors equally, or the survivor; provided, however, t~t if a chili'of i~e owner'~,s died before the owner, the share which t~e child would m ~,_.~,. ve received if he or she survived the owner will be paid to his or her living lawful children or their direct descendants Jn equal shares. ~'! C~C. Children Jiving, Lawful, Equally With Rights of Survivorship. Beneficiary is: the living lawful children of the owner and they will receive equal ~ I shares of the proceeds; provided, however, that if a child of the owner has died before the '= owner, the share which the child would have received if he or she survived the owner will he equally divided among the surviving children. (Sea General I~' Instructions., ,.. [] D. Children Per Stirpe-~. Beneficiary is: the lawful children of the owner equally, the survivors equally, or the survivor; provided, hoWever, that if a chil~ of the owner has died before the owner, the share which the child would have received if he or she survived the owner will be paid to his or i~er living lawful children or their direct descendants in equal shares. (See General Instructions.] [] E. Other. Be sure that Primary and Secondary designations eaCh-t~t'al i0'0%. If an attachment is required to complete toe beneficiary designation, make sure that the attachment is signed and dated by the owner{si. Primary/  Secondary -Full name of individual 'Relationship of *Date of trust (check one .Organization or Individual to owner -Article number of will ~. per line) Percent* · Name of Trust -Address of organization for Testamentary Trust Date of Birth SSN/TIN Required Required Required Required Required NR NR uPc s I._,t _L_II t l L__ I ~,,DPDS L.~I; L I ~ [ J i *Both Primary and Secondary must equal 100%. Sections marked as Required are required for processing the form, Sections marked as NR are not required for processing the form, but may provide useful "information in the event of a claim. .~a~l~ea~teS;~a~ dme~.~ohftsouta~,:oO~ii:~!s_d_~!gna,tion is.subject to. the approval of the corporate office. ~ p.) ~f an a~zacnrrmnt.~s required to complete the beneficial, designation, make sure that the attachment is signed and dated by the owned(s). This Section Must Be Completed in Full by All Ow ners Chesl( appropriate box to indicate Marital Status i~ [] Single E2 Married (See "Consent of Spouse.") ~dowed or Divorced. Consent of Spouse This consent of spouse must be signed if all of the following conditions are present: (a) the spouse of the owner is IMng, Lb) is not the primary beneficiaq~ named and (c} the owner and spouse are residents of a community property state fArizona, California, idaho, Nevada, New Mexico, Texas, Washington and Wisconsin). I have reviewed the above beneficiary designation and, es the spouse of the ownec J consent to the beneficiary designation and all co~ibutions of money or property to be used for the purchase of such accounts to be issued in my spouse's name, whether heretofore, now or hereafter and I relinquish other dghts thereto, all my statutory or Date Spouse's Signature ~B u 17/02J Page 5 of 5 · CERTIFICATION OF NOTICE UNDER RULE 5.6 (a) Name of Decedent: Janet M. O'Brien Date of Death: July 3, 2003 Estate No. 2003-00588 State File No. To the Register: I certify that notice of beneficial interest required by Rule 5.6 (a) of the Orphans' Rules was served on or mailed to the following beneficiaries of the above-captioned estate on November 6, 2003. Name Sean M. O'Brien Hershey Trust Company Address c/o Louis O'Brien, 3431 Alinda Circle, Camp Hill, PA 17011 P.O. Box 445 Hershey, PA 17033 Notice has now been given to all persons entitled thereto under Rule 5.6 (a) except Date Sil~n~ture ' " ~,/ Robert K. Reitzel 100 Mansion Road East P.O. Box 445 Hershey, Pa. 17033 Telephone No. (717) 520-1109 Capacity: X Personal Representative __ Counsel for personal representative ~~E. Estate of Janet M. O'Brien IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO.: 21-03-00588 ORDER OF COURT Upon consideration of the Petition for Order Directing American Express Financial Advisors, Inc. to Distribute Certain Accounts to Trust and for the Award of Costs and Attorney's Fees Against American Express Financial Advisors, Inc. and Michael I. Shalhoub, and any response thereto, the Court ORDERS: 1. American Express Financial Advisors, Inc. shall pay to the Hershey Trust Company, as Trustee of the Trust Created Under Article IV Janet M. O'Brien's Last Will and Testament dated November 4, 2002 all funds held by Janet M. O'Brien in the following accounts numbers: 010100226611 002 01010022671 0 002 01010022672 8 002 01010022673 6 002 01010022674 4 002 01010022675 I 002 01010022679 3 002 01449156233 7 002 2. Michael I. Shalhoub shall reimburse to Hershey Trust with this matter. and American Express Financial Services, Inc. Company its fees and costs incurred in connection BY THE COURT: Date: Jo IN RE: Estate of Janet M. O'Brien IN THE COURT OF COMMON PLEAS ORPHANS' COURT DIVISION CUMBERLAND COUNTY, PENNSYLVANIA NO. 21-2003-00588 CITATION WE COMMAND, you that laying aside all business and excuses whatsoever, you be and appear in your proper person before the Honorable Judges of the Court of Common Pleas, Orphans' Court Division at a session of the said Court there to be held, for the County of Cumberland to show cause why __ 1. American Express Financial Advisors, Inc. should not pay to the Hershey Trust Company, as Trustee of the Trust Created Under Article IV Janet M. O'Brien's Last Will and Testament dated November 4, 2002 all funds held by JanetM. O'Brieninthefollowing accounts numbers: 01010022661 1 002 01010022671 0 002 01010022672 8 002 01010022673 6 002 01010022674 4 002 01010022675 1 002 01010022679 3 002 01449156233 7 002 2. and why Michael I. Shalhoub and American Express Financial Services, Inc. should not reimburse to Hershey Trust Company its ~es and costs incu~ed in connection with this ma~er. Returnable 20 days ~om service. - SHERIFF' S RETURN - REGULAR '" 200 x CASE ~,p,; 3-00588 0 ~ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND O'BRIEN JANET M ESTATE OF VS SHALHOUB MICHAEL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within PETITION AND CITATION was served upon SHALHOUB MICHAEL the RESPONDANT at 3500 MARKET STREET , at 1434:00 HOURS, on the 9th day of January CAMP HILL, PA 17011 TARA KNORR, SUPERVISOR, a true and attested copy of PETITION AND CITATION by handing to OPERATIONS TEAM LEADER together with , 2004 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 Sworn and Subscribed to before me this I~ day of ,/ Clerk of Orha~s {ourt { So Answers: R. Thomas Kline 01/12/2004 KEEFER WOOD ALLEN RAHAL By: ~p=~ut, y~_~_~r l~f~j IN RE: Estate of Janet M. O'Brien IN THE COURT OF COMMON PLEAS CUMBERLAND COUNT~~, PENNSYLVANIA ORPHANS' COURT DIVISION NO.: 21-03-00588 ;ELIMINARY DECREE AND NOW, this~ day of ~~_~ ,2003, upon consideration of the Petition for Order 'irecting American EXpress Financial Advisors, Inc. to Distribute Certain Accounts to Trust and for the Award of Costs and Attorney's Fees Against American Express Financial Advisors, Inc. and Michael I. Shalhoub, it is hereby ORDERED and DECREED that a citation is awarded, directed to American Express Financial Advisors, Inc. and Michael I. Shalhoub to show cause why: 1. American Express Financial Advisors, Inc. should not pay to the Hershey Trust Company, as Trustee of the Trust Created Under Article IV Janet M. O'Brien's Last Will and Testament dated November 4, 2002 all funds held by Janet M. O'Brien in the following accounts numbers: - 010100226611 002 01010022671 0 002 01010022672 8 002 01010022673 6 002 01010022674 4 002 01010022675 I 002 01010022679 3 002 01449156233 7 002 2. and why Michael I. Shalhoub and American Express Financial Services, Inc. should not reimburse to Hershey Trust Company its fees and costs incurred in connection with this matter. BY THE COURT: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY HERSHEY TRUST COMPANY, : EXECUTOR OF THE ESTATE OF JANET: M. O'BRIEN AND TRUSTEE OF THE : TRUST CREATED UNDER ARTICLE IV : JANET M. O'BRIEN'S LAST WILL AND : TESTAMENT DATED NOVEMBER 4, : 2002, AND BY LOUIS O'BRIEN AND : ROSE O'BRIEN, GRANDPARENTS OF : SEAN O'BRIEN, : Petitioners, · MICHAEL I. SHALHOUB AND · AMERICAN EXPRESS FINANCIAL · ADVISORS, INC. · Respondents. · ORPHANS' COURT DIVISION NO. 21-03-00588 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Joshua Horn, Esquire on behalf of the respondents, in the above-referenced matter· JOSH WA HORN, ESQUIRE I.D. 1 o. 71799 FOX ?~OTHSCHILD LLP 2000 Market Street, 10th Floor Philadelphia, PA 19103 (215) 299-2000 Attomey for Respondents Dated: January 29, 2004 CERTIFICATE OF SERVICE I hereby certify that I served a tree and correct copy of the foregoing entry of appearance via first class mail upon the following: Dated: January 29, 2004 Elizabeth J. Goldstein, Esquire Elyse E. Rogers, Esquire 415 Fallowfield Road Suite 301 Camp Hill, PA 17011-4906 Attomeys for Petitioner JOSHUa HORN, ESQUIRE REV-1500 EX (6-00) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE DEPT. 280601 HARRISBURG, PA 17128-0601 REV-1500 INHERITANCE TAX RETURN RESIDENT DECEDENT OFFICIN_USE ONLY FILE NUMBER 21 COUNPf CODE -- 2003 0588 DEC, EDEN'PS NAME (LAST, FIRST, AND MIDDLE INITIAL) SOCIAL SECURITY NUMBER ~ O'Brien, Janet M 202-46-9958 z I,LI DATE OF DEATH (MM-DD-YEAR) DATE OF BIRTH (MM-OD-YEAR) TI-IS RE33JI~I M U~T BE FILED IN DUPLICATE WITH THE lU 07/03/2003 05/12/1956 REGISTER OF WILLS III IF APPLICABLE) SURVIVING SPOUSE'S NAME (LAST, FIRST, AND MIDDLE INITIAL) SOCIAL SECURITY NUMBER ¥ ----.e31~ 1. Odginal Return ~ ~'~ f I I 4. Limited Estate 9. Litigation Proceeds Received Z O I-- [~2. Supplemental Return ~--~ 3. Remainder Return (date of death prior to 12-13-82) [~] 4a. Futura Interest Compromise (date of death after 12-12-82) ~ 5. Federal Estate Tax Return Required [~7. Decedent Maintained a Living Trust (Attach copy of Trust) 8. Total Number of Safe Deposit Boxes [~] 10. Spousal Poverty Credit date of death between 12-31-91 and 1-1-95) r-~ 11. Election to tax under Sec. 9113{A) (Attach,S~ O) NAME COMPLETE MAILING ADDRESS HersheT' ?ruet Ccaap&ny PO Box 445 FIRM NAME(IfApplicable) 100 Ma33,~'ion l~,oed l~a.~t Her,,hey, P~ 17033 TELEPHONE NUMBER 1. Real Estate (Schedule A) 2. (1) 111,769.22 Stocks and Bonds (Schedule B) (2) 173,807.87 3. Closely Held Corporation, Partnemhip or Sole-Proprietorship (3) 0. 4. Mortgages & Notes Receivable (Schedule D) (4) 0. 5. Cash, Bank Deposits & Miscellaneous Personal Property 2~, 195.8:5 (Schedule E) (5) 6. Jointly Owned Property (Schedule F) (6) 151.13 ~] Separate Billing Requested 0.00 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (7) ~,,~ (Schedule G or L) i,; . 8. Total Gross Assets (total Lines 1-7) (8) 9. Funeral Expenses & Administrative Costs (Schedule H) (9) 4 0,3 4 6.4 5 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) (10) 8 4, 4 3 5. 5 2 11. Total Deductions (total Lines 9 & 10) (11 ) 12. Net Value of Estate (Line 8 minus Line 11) (12) 13. Charitable and Governmental Beq uests/Sec 9113 Trusts for which an election to tax has not been made (Schedule J) (13) 14. Net Value Subject to Tax (Line 12 minus Line 13) (14) OFFIClN. USE ONLY 309,924.07 12~,781.97 185,1~2.10 0.00 185,142.10 SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax 0.0 0 0.0 0 rate, or transfers under Sec. 9116 (a)(1.2) x .00 __ (15) 185,0~5.69 8,327.06 16. Amount of Line 14 taxable at lineal rate x .045 (16) 17. Amount of Line 14 taxable at sibling rate 0o00 x.12 (17) 0.00 96.41 1~.46 1 8. Amount of Line 14 taxable at collateral rate x .15 (18) 8,341.52 19. Tax Due (19) 20. el el ~ I~l · ~ II ~ ~ 2W4645 1.000 Decedent's Complete Address: STREET ADDRESS 321 Cascade Road Cl~ Mechaniceburg Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) 2. Credits/Payments A. Spousal Poverty Credit B. Prior Payments C. Discount 0.00 8,000.00 400.00 0.00 0.00 Interest/Penalty if applicable D. Interest E. Penalty STATE (1) ZIP 17055 8,341.52 Total Credits (A + B + C) (2) Total Interest/Penalty (D + E) (3) 8,400.00 0.00 58.48 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Check box on Page 1 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) A. Enter the interest on the tax due. (5A) B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (5B) Make Check Pa able to: REGISTEROF~S, 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; ....................... ~ [~ b. retain the right to designate who shall use the property transferred or its income; ......... r~ ~ c. retain a reversionary interest; or ................................ r~ r~ d. receive the promise for life of either payments, benefits or care? ................. E~ r~ 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? r~ ~ 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? ................................ [~ 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 bast of my knowledge and belief, it is true, correct and complete. Declaration of preparer other than the pemonal representative is based on all information of which preparer has any knowledge. SIGNATURE OP'~----'~N RE~P~O~FOR FILING RETURN ~ DATE SIGNATUREOFPREPARERO~ER~ANREPRESE~A~VE ADDRESS~O ~u~ ~5 100 ~o~ Hershey, PA 17033 DATE 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 surviving 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 ratum are still applicable even if the surviving spouse is the only beneficiary. For dates of death on or after July 1, 2000: The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent, an adoptive parent, or a stepparent of the child is 0% [72 P.S. § 9116(a)(1.2)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5%, except as noted in 72 P.S. § 9116(1.2) [72 P.S. § 9116(a)(1 )]. The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12% (72 P.S. § 9116(a)(1.3)]. A sibling is defined, under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. W4646 1.000 REV.1502EX + (1-97) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE A REAL ESTATE ESTATE OF FILE NUMBER O'Brien, Janet M 21-2003-0588 All mai property owned solely or as a tenant in common must be reported at fair market value. Fair market value is defined as the price at which propeffy would be exchanged between a willing buyer and a willing seller, neither being compelled to buy or sell, both having reasonable know~edge of the relevant facts. Real property which is jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM DESCRIPTION VALUE AT DATE NUMBER OF DEATH 1. 111,769.22 (per Residential real estate located at 321 Cascade Road Mechanicsburg, PA, U~per Allen Township, Cumberland County attached settlement statement) Gross amount due seller : Zess settlement costs: Net value= $120,766.22 (8,997.00) $111,769.22 TOTAL (Also enter on line 1, Recapitulation) $ 111,7 69.22 2w4695 2.000 (If more space is needed, insert additional sheets of the same size) I B. TYPE OF LOAN: '~ .... 1.[]FHA 2.DFmHA 3. E~CONV. UNINS. 4. DVA 5. E]CONV. INS. U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT I 6 FILE NUMBER 7. LOAN NUMBER: SETTLEMENT STATEMENT I ' 03150CAP I 47640967 8. MORTGAGE INS CASE NUMBER: C. NOTE: This form is furnished tn give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "[POC]" were paid outside the closing; they are shown here for informational purposes and are not included in the totals. 1.0 3/98 10315OCAP PEP/03150CAPI1 S) D. NAME AND ADDRESS OF BORROWER: E. NAME AND ADDRESS OF SELLER: F. NAME AND ADDRESS OF LENDER: JOHN F. PIERCE SR. ESTATE OF JANET O'BRIEN Countrywide Rome Loans, Inc. 211 E. Locust Street 681 Anderson Dr., Bldg. 6, 2nd Floor Mechanicsburg, PA 17055 Pittsburgh, PA 15220 G. PROPERTY LOCATION: 321 Cascade Road Mechanicsburg, PA 17055 Cumberland County, Pennsylvania Upper Alien Township H. SE'i-ELEMENT AGENT: 25-1722090 Capital Region Land Transfer, Inc. PLACE OF SETTLEMENT 3310 Market Street camp Hill, PA 17011 I. SETTLEMENT DATE: December 18, 2003 J. SUMMARY OF BORROWER'S TRANSACTION 100. GROSS AMOUNT DUE FROM BORROWER: 101. Contract Sales Price 102. Personal Property 103. Setllement Charpes to Borrower (Line 1400) 104. 105. Adjustments For Items Paid By Seller tn advance 106. City Taxes to 120,000.00 401. Contract Sales Price K. SUMMARY OF SELLER'S TRANSACTION 400. GROSS AMOUNT DUE TO SELLER: 120,000.0~ 6,345.04 403. 107. County Taxes 12/18/03 to 01/01/04 10.91 108. School Taxes 12/18/03 to 07/01/04 740.09 109. Sewer 12/18/03 to 01/01/04 110. 111. 112. 120. GROSS AMOUNT DUE FROM BORROWER Personal Property 404. 405. Adjustments For Items Paid By Seller in advance , Taxes to Taxes 12/18/03 to 01/01/04 10.91 408. SchoolTaxes 12/18/03 to 07/01/04 740.09 15.22 15.22 409. Sewer 12/18/03 to 01/01/04 410. 411. 412. 127,111.26 GROSS AMOUNT DUE TO SELLER 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 201. Deposit or earnest money 1,000.00 202. Principal Amount of New Loan(s) 203. Existing Ioan(sI taken subiect to 20.4. 205. 206. 207. .~06. 209. Adjustments For Items Unpaid By Seller 210. City Taxes to 211. County Taxes to 212. School Taxes to 213. 214. 215. _~16. 217. 218. 219. 22~. TOTAL PAID BY/FOR BORROWER 300. CASH AT SETTLEMENT FROM/TO BORROWER: 301. Gross Amount Due From Borrower 302. Less Amount Paid By/For Borrower (Line 220) 303. CASH ( X FROM) (TO) BORROWER REDUCTIONS IN AMOUNT DUE TO SELLER: 501. Excess Deposit (See Instructions/ 502. Settlement Charges to Seller (Line 1400) 504. Payoff of first Mortgage to BSI Financial Services f of second Mort,sage 506. 508. Adjustments For Items Unpaid BF Seller Taxes to / Taxes 512. School Taxes 513. 514. 515. 516. i18. 319. 120,059.00 520. TOTAL REDUCTION AMOUNT DUE SELLER 120,766.22 8,997.00 72,115.28 81,112.28 600. CASH AT SETTLEMENT TO/FROM SELLER: 601. Gross Amount Due To Seller (Line 420) 120,766.22 602. Less Reductions Due Seller (Line 520) 81.112.2e? 7,052.26 603. CASH( X TO).( FROM j SELLER The undersigned hereby acknowledge receipt of a completed copy'of pages 1&2 of this statement & any attachments referred to herein. Borrower ,~ ~L..~ Seller EST/~JANETo'B//~ ~IN F. PIERCE SR. BY'-/~'~1' · 39,653.94: L. SETTLEMENT CHARGES 700. TOTAL COMMISSION Based on Price $ 120,000.00 @ 6.0000 % 7,200.00 Division of Commission (line 700) as Follows: 701. $ 3,625.00 to The Homestead Group Realtor, Inc. PA~D FROM aORROWER~S FUNDS AT SETTLEMENT PAJD FROM SELLER'S FUNDS AT SETTLEMENT 702.$ 3,575.00 to HOWARD HANNA DETWEILER REALTY 703. Commission Paid at Settlement 7,200.0( 704. to 800. ITEMS PAYABLE IN CONNECTION WITH LOAN to ination Fee % 802. Loan Discount % to 803. Appraisal Fee to Roland Johnson Appraisals 350.00 804. Credit Report to Countrywide Home Loans, Inc. 35.00 805. Commitment Fee to Countrywide Home Loans, inc. 100.0( ). Fee to 807. Assumption Fee to ).Fee 809. Rood Check Fee to Landsafe Rood 25.O 810. Reinspection Fee 75.00 to Countrywide Home Loans, Inc. 811. FHA (OTMIP) to Countrywide Home Loans, Inc. 1759 fin/.50 cash 1,759.50i 900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE 901'lnterestFrom 12/18/03 t° 01/01~)4 @ $ 19'980000/day ( 14days %) I 279'72J e Insurance Premium for months to . 903. Hazard Insurance Premium for yearn to 904. 905. 1000. RESERVES DEPOSITED WITH LENDER 1001. Hazard insurance 3.000 months @ $ 30.17 per month s Insurance months @ $ per month Taxes months @ $ per month ,Taxes 12.000 months @ $ 23.23 per month 1005. SchoolTaxes 8.000 months @ $ 112.86 per month 1008. 1007. 1100. TITLE CHARGES months @ $ per month months @ ~ per month months @ $ per month 90.51 278.76{ -304.08 1101. Settlement or Closing Fee 1102. Abstract orTitle Seamh to 1103. Title Examination to 1104. TitJe Insurance Binder to 1105. Document Preparation to / Fees 1107. Attorney's Foes .to (includes above item numbers: to Lisa Rowe 1108. Title Insurance . to Capital ReRion Land TransferI Inc. (includes above item numbers: 1109. Lender's Coverage $ 119,059.00 1110. Owners Coverage $ 120,000.00 10.00 958.75 11. 100,300,8.1 to Capital Region Land Transfer, Inc. 150.0( 12. Deed Preparation Capital Region Land Transfer, inc. 13. Overnight payoff 16.00 1114. Closing Protection Letter to Capital Region Land Transfer, Inc. to Stewart Title Guai'anty Company 1115. Sewer (Oct 1-Dec 31 ) to Upper Allen Township Municipal Authority Acct. 530027 1116. 1117. 1118. 35.00 100.00 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording Fees: Deed $ 38.50; Mortgage $ 50.50; Releases $ 1,200.0O 1,200.00; Mortgage 1203. State Tax/Stamps: Deed 1,200.00; Mod,~a~le 1204. Recorder of Deeds 1205. 1300. ADDmONAL SE'R'LEMENT CHARGES 1302. Pest Inspection to Biechler & Tillery tnc. 35.00 1303. Home Warranty to HSA Home Security of Amedca to Joseph M. Greer 1305. Home inspection to Biechler & Tiltery Inc. 275.00~ 1400. TOTAL SETTLEMENT CHARGES {Enter on Lines 103, Section J and 502, Section K). 6,345.04I Capital Region Land Transfer, inc. ~ Settlement Agent · 8,997.00 ~ (03150CAPIO3150CAP/19) REV-1503 EX + (1-97) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE B STOCKS & BONDS ESTATE OF FILE NUMBER O~Brien, Janet M 21-2003-0588 All property jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM NUMBER 10 11 DESCRIPTION 953.289 shs Liberty Select Value Fund: Cusip 53054M709, $20.37 per share 1,230.991 shs Van Kam~en Growth & Income Fund~ Cusip 92113H103, $15.84 per share 378.586 shs Washington Mutual Investment Fund: Cusip $25.79 per share 939330106 5,812.198 shs AXP Partners Value Fund Cusip=00246Y307 $4.28 per share 1,151.867 shs AXP New Dimensions Fund Cusip:00245V106 $21.57 per share 1,772.777 shs AXP Equity Select Fund Cusip:00245H107 $10.57 per share 5,570.022 shs AXP Strategy Fund Cusip:00246C792 $3.54 per share 1,829.334 shs AXP Short Duration US Government Fund Cusip:00245K100 $4.93 per share 1,826.913 shs AXP Diversified Bond Fund Cusip: 00245B100 $4.92 per share 52.766 shs AXP Special Tax Exempt Series Tr Cusip: 00246A101 $5.61 per share VALUE AT DATE Of DEATH 19,418.50 19,498.90 9,763.73 TOTAL (Also enter on line 2, Recapitulation) $ 173,807.87 2w4696 3.000 (If more space is needed, insert additional sheets of the same size) 19,717.88 9,018.62 8,988.41 296.02 18,645.58 8,553.019 shs AXP New Dimensions Fund Cusip: 00245V403 $2.18 per share 18,738.25 24,845.77 24,876.21 ~ REV-1508 FFr. X + (1-97) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY ESTATE OF FILE NUMBER O'Brien, Janet M 21-2003-0588 Include the 3roceeds of litigation and the date the proceeds were received by the estate. All property jointly-owned with the right of survivorship must be disclosed on Schedule F. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 2 3 4 5 6 7 8 9 10 11 12 13 14 PSECU - account # 9605960690 PSECU - account # 8102193912 Cash - miscellaneous coins and currency Schmidt, Ronca & Kramer - balance held in escrow account PEBTF - medical insurance reimbursement US Treasury - child tax credit tax relief check Susquehanna Oil Company - reimbursement Comcast - refund received Erie Insurance - reimbursement of homeowners policy premium Household items - Bombay Co. sideboard and mirror and china closet sold at auction (see attached statement) Diamond Solitare Ring Rowe's Auction Service - proceeds from sale of personal property 1999 Toyota Corolla Sedan VIN#1NXBR12E9XC133806 - per sales proceeds Child support payments owed to decedent by Michael O'Brien. Amount due at death $6,475.42. Collection efforts to date have failed and recovery of any funds appears unlikely. TOTAL (Also enter on line 5, Recapitulation) $ 13.71 12,526.76 13.67 150.00 1,990.50 400.00 183.89 53.32 175.00 1,500.00 537.00 1,522.00 5,130.00 0.00 24,195.85 2W46AD 2.000 (If more space is needed, insert additional sheets of the same size) 428 Hockersville Rd. Hershey, Pennsylvania 17033 (717) 533-3147 This is to certify that we are engaged in the jewelry business, appraising watches, jewelry and precious stones. We have carefully examined the following item and estimate the value as listed for ESTATE purposes at FAIR MARKET VALUE. In making the Appraisal we DO NOT agree to purchase or replace the item. FOR THE ESTATE OF JANET O'BRIEN Item A lady's ring, in 14kt yelloTM gold, set with a marquise shaped stone, held in a white gold prong setting (worn out prongs). The marquise is a diamond measuring approximately 7.67x3.17x approximately 2.26mm and having a calculated weight of.36cts. The quality grade is VS and the color grade is estimated (in the setting) to be H. FAIR MARKET VALUE $537.00 July 24, 2003 ROWE'S AUCTION SERVICE (RH 79L) Bill Rowe (AU 1538L) Ben Rowe (AU 1092L) .f 2505 Ritner Highway' · Carlisle, PA 249-2677 697-4794 249-1978 Auction Js Action Call '~Rowe" For Satisfaction OTHER AUCTION DATE/LOCATION ~.~ ~ %,q ~~ Bob Rowe (AU 2276L) Dave Rowe (AU 2295L) AUCTIONEER DESCRIPTION OF MERCHANDISE I Commission the Auctioneers to sell the merchandise to the highest bidder by Public Auction. Merchandise to be sold as is & grouped as necessary to obtain bids. I certify that I am the owner or authorized represen- tative of the merchandise, goods and or property and have good title and the right to sell and that they are free from all incumbrances. I agree to accept all responsibility for providing merchantable title and for delivery of title to the purchaser. I agree to hold harmless the Auctioneers against any claims of the nature referred to in this agreement. . AUCTION .SIGNATURE Total Sales (Clerking Tickets Attached) Less Sale Expense: ?-~-~ b ~'~ % Commission Auctioneer % C omm ssion OTHER: SELLERS SIGNATURE TOTAL SALE .EXPENSE DEDUCTED SELLERS NET '~[-UCTI 0 N~'I G NATURE SELLERS SIGNATURE "~Bill Rowe (AL~_%~38L) Ben Rowe (AU 1092L) ROWE'S AUCTION SERVICE · 2505 Ritner Highway · Carlisle, PA · '~ "2.49-2677 697-4794 249-1978 Auct~on'~I}'~et~on Call '~Rowe" For Satisfaction ADDRESS ]~ ~. ~.~, .~., ~.. ~ DESCRIPTION OF MERCHANDISE (RH 79L) Bob Rowe (AU 2276L) Dave Rowe (AU 2295L) PHONE AUCTIONEER % I Commission the Auctioneers to Sell the merchandise to the highest bidder by Public Auction. Merchandise to be sold as is & grouped as necessary to obtain bids. I certify that I am the owner or authorized represen- property an&have good title and' the right to sell and that'they are'free accept all responsibility for providing merchantable title and for delivery of ~L~'L¥21~i':v~?~ti~le~to' the purchaser. .... I agree to hOld harmless the Auctioneers against any claims of the nature referred to in this agreement. AUCTION SIGNATURE Total Sales (Clerking Tickets Attached) Less Sale Expense: .......................... /~..,,~ % Commission Auctioneer % Commission Clerks OTHER: SELLERS SIGNATURE TOTAL SALE EXPENSE DEDUCTED SELLERS NET SELLERS SIGNATURE REV-1509 EX + (1-97) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN R~SIDENT DECEDENT SCHEDULE F JOINTLY-OWNED PROPERTY ESTATE OF FILE NUMBER O~Brien, Janet M 21-2003-0588 If an asset was made joint within one year of the decedent's date of death, It must be reported on Schedule G. SURVIVING JOINT TENANT(S) NAME ADORESS RELATIONSHIP TO DECEDENT A. McGovern, Julia Aunt B. O'Brien, Sean M C. O'Brien, Michael 133 Holland Street Wilkes-Barre, PA 18702 3431 Alinda Circle Camp Hill, PA 17011 19 Houston Drive Mechanicsburg, PA 17055 Son Friend JOINTLY-OWNED PROPERTY: ~ DATE ~SCRI~ON ~ ~OPER~ % ~ DATE OF DEATH ITEM FORJO~ MADE Include name ~ fin~cial in~itufi~ and bank ac~nt numb~ ~ DA~ OF DEATH DECUS VALUE OF NUMBER TEI~ddT JOINT similar identi~ing numar. Attach dm ~r jdntl~d mai ~t~ V~UE OF ASSET INTEREST ~CEDE~S INTEREST 1. A 08/20/1987 $50 face value US Series EE 58.60 50.00 29.30 Savings Bond #L288388148EE issued August 1987 Joint with Julia McGovern 2 B 04/30/2001 $200 face value US Series 109.44 50.00 54.72 EE Savings Bond #R167639055EE issued April 2001 Joint with Seao O~Brien 3 c 12/18/1998 $100 face value US Series 61.08 50.00 30.54 EE Savings Bond #C660253154EE issued November 1998 Joint with Michael O~Brien 4 A 11/05/1984 $50 face value US Series EE 73.14 50.00 36.57 Savings Bond #L176551144EE issued November 1984 Joint with Julia McGovern TOTAL(Alsoenteronline6~Recapi~lati~) $ 151.13 2W46AE 2.000 (If more space is needed, insert additional sheets of same size} !- , /~:'/:":. i:.OOOOqOOO ?i:O ~ Franldin First Fe. deral Saving.- Loan ASsoCiatio~ ,, ~ 1987 , _-;~JA'NET O~BR'IEN '- ' ---' .: IdA:3:'L ,TO..: ' JUL]:A .a_a_a_a_a_a_a_a_a~ Lm ~J~ ~ ~'~,;~U m~ .:SERIES :.2'0-9 1,6 6006 ~ ~i, 041 .20'0~1i" ' - ~L-- J~-'/,: .... ::?- ~7., . '-~: ' ..... HCGDV. ERN ............ -' 0 q--~.O'-D'l 'X WHICH IS THE FIRST gAY OF ' 'Nov. 1984 , ~o .Gift~209-16' 600.6 -,~ i:: -- 33 i~_~, - - Janet O'Brian ~T..~.~". · 35'..HOlland Street ~.~. ~ ?':~-. ~ ~iWilke's-~Barre,' .Pa.. 18702 . ' .......... ~:__" ~'='==~ ==¢2~[~ ~ ~L 1'7 6 5 51 14.4 E E SER~S Inventory Report Active Inventory Print Date: 03/27/2004 Bonds: File Pricing Date: 07/2003 Issue Next Interest l~'m~l-~-~uht~ ...... No. Series Denom Serial Number Date Price Interest Value Rate Yield Date Date Note 1 EE $50 L288388148EE 08/1987 $25.00 $33.60 $58.60 4.00% 5.57% 08/2003 08/2017 2 EE 200 R167639055EE 04/2001 100.00 9.44 109.44 3.25% 4.05% 08/2003 04/2031 P5* 3 EE 100 C660253154EE 11/1998 50.00 11.08 61.08 2.66% 4.34% 08/2003 11/2028 P5* 4 EE 50 L176551144EE 11/1984 25.00 48.14 73.14 4.00% 5.89% 11/2003 11/2014 Inventory Totals:  Price Interest Value $200.00 $102.26 $302.26 · MN- bond is Untitled 1 · cI- bond was Cashed n · EX- bond was E changed for an HH bond · ME- bond is atured and Exchangeable for an HH bond atured and Not exchangeable for an HH bond · NE - bond is Not yet Eligible for payment (it's < 6 months old) . NI - bond has Not yet been ssued · P5 - bond is a Series I or EE, was issued in or alter May 1997 and includes a 3-month-interest ? enalty until the bond is $ years old · * bond is a Series I or EE, was issued in or after January 1990 and may be tax exempt if used for post-secondary education · 0 bond was Cashed In or EXchanged for an HH bond, but is being priced on a date prior to the cashed or exchanged date Page 1 of 1 REV-1511'EX + (1-97) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS ESTATE OF FILE NUMBER O'Brien, Janet M 21-2003-0588 Debts of decedent must be reported on Schedule I. R'EM NUMBER DESCRIPTION AMOUNT A. 8,300.50 2 3 5. 6. 7. 8 9 10 11 pRALF_.~PF...NSES: . ezz~ Funera£ Home 8 Market Plaza Way Mechanicsburg, PA professional services Office of Catholic Cemeteries - internment exl0enses Lord & Taylor - purchase of funeral dress for decedent ADMINISTRATIVE COSTS: Personal Representative's Commissions Name of Personal Representative(s) See Schedule attached Social Security Number(s) / EIN Number of Personal Representative(s) Street Address City State __ Zip Year(s) Commission Paid: Name.. Keefer Wood Allen & Rahal Attorney Fees Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Street Address City State__ Zip Relationship of Claimant to Decedent Probate Fees Accountant's Fees Tax Return Preparer's Fees The Jewelers Bench Inc - appraisal fee The Patriot News Co - estate advertising PP&L Electric Utilities - utility expenses at 321 Cascade Road Mechanicsburg (August 2003 to sale) Cumberland County Law Journal - estate advertising expense United Water Pennsylvania - utility expense at 321 from continua=ion pages .... TOTAL (Also enter on line 9, Recapitulation) $ 950.00 78.39 11,320.00 10,000.00 0.00 381.00 0.00 0.00 20.00 241.15 125.83 75.00 38.07 8,8i6.5i 40,346.45 2W46AG 2.000 (If more space is needed, insert additional sheets of same size) Estate of: O'Brien, Janet M Schedule H, Part A -- Funeral Expenses Item No. Description 0 5 Rose O~Brien - reimbursement for funeral expenses incurred Anita Sirak - reimbursement for funeral expenses incurred Page 2 21-2003-0588 Amount 139.93 665.65 TOTAL. (Carry forward to main schedule) ...... 805.58 Estate of: O'Brien, Janet M Schedule H, Part B -- Administrative Costs Item No. Description 11 Cascade Road Mechanicsburg, PA (August 2003 to sale) 12 P. Scott Archibald - real estate appraisal at 321 Cascade Road Mechanicsburg, PA 13 Vet1 Williems - trash removal at 321 Cascade Road Mechanicsburg, PA 14 Erie Insurance Oroup - auto insurance premium 15 Federal Express - package shipped to Bank One 16 Upper Allen Township - utility expense at 321 Cascade Road Mechanicsburg, PA 17 Jay R. Braderman, Esq - legal fees incurred in child custody proceedings per Item VII(p) and Item XII in resisting Michael O'Brien's custody claims for Sean O'Brien 18 Register of Wills Cumberland County - PA Inheritance Tax return filing fee 19 Reserve - miscellaneous filing and settlement fees Page 2 21-2003-0588 Amount 300.00 440.00 54.00 13.28 100.00 6,888.65 15.00 200.00 TOTAL. (Carry forward to main schedule) ...... 8,010.93 Estate of: O'Brien, Janet M Schedule H, Part B -- Personal representatives' Commissions Item No. Description 1 Name: Hershey Trust Company Social security number: 23-0692150 Address: PO Box 445 100 Mansion Road East Hershey, PA 17033 Year(s) commissions paid: Page 2 21-2003-0588 Amount 11,320.00 TOTAL. (Carry forward to main schedule) ...... 11,320.00 REV-1512 EX + (1-97) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULEI DEBTS OF DECEDENT, MORTGAGELIABILITIES,& LIENS ESTATE OF FILE NUMBER O'Brien, Janet M 21-2003-0588 Include unreimbursed medical expenses. ITEM NUMBER 3 4 5 6 7 8 9 10 11 12 13 14 15 DESCRIPTION BSI Financial Services - mortgage secured by residential real estate located at 321 Cascade Road Mechanicsburg, PA (Schedule A, item 1) PSECU - checks ~070507, 071201, 072304, 072502 outstanding at time of death PSECU - automatic payment withdrawal PP&L Utilities 7/9/03 U~per Allen Township - balance due on utilities Fleet Credit Card Service - balance due on credit card account PP&L Electric Utilities - balance due per statement United Pennsylvania Water - balance due per statement Susquehanna Breast Care Center - balance due per statement Citi Cards balance due on credit card account Bank One - payment on car loan #00519900001957 Jay R. Braderman - legal expenses incurred prior to death Bank One - payoff of car loan #00519900001957 West Shore EMS - services provided 6/28/03 Quantum Imaging & Therapeutic services provided at Holy Spirit Hospital 6/30/03 West Shore EMS - services provided 2/4/2003 TOTAL (Also enter on line 10, Recapitulation) $ AMOUNT 71,997.14 805.54 43.30 100.00 69.48 57.82 39.43 1,568.00 54.61 270.56 3,805.50 4,130.64 881.25 205.00 407.25 84,435.52 2W46AH 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 O'Brien, Janet M 21-2003-0588 NUMBER 2 NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY TAXABLEDISTRIBUTIONS[indu~outrights~usadistd~tions, and ~nsfem underS~.9116(a)(1.2)] O'Brien, Sean M 3431 Alinda Circle Camp Hill, PA 17011 J O'Brien Trust fbo Sean O'Brien C/O Hershey Trust Company PO Box 445 Hershey, PA 17033 McGovern, Julia 133 Holland Street Wilkes-Barre, PA 18702 O'Brien, Michael 19 Houston Drive Mechanicsburg, PA 17055 RELATIONSHIP TO DECEDENT Do Not List Trustee(s) Son Aunt Friend AMOUNT OR SHARE OF ESTATE 54.72 184,990.97 65.87 30.54 ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE, ON REV-1500 COVER SHEET II. NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS 1. TOTAL OF PART II - ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON UNE 13 OF REV-1500 COVER SHEET $ 0.0 0 2W46AI 1.000 (if more space is needed, insert additional sheets of the same size) WHEREAS, on the 22nd dated November 4th 2002 Register of Wills of CUMBERLAND County, Pennsylvania Certificate of Grant of Letters No. 2003-00588 ESTATE OF a/k/a Late of Deceased Social Security No. 202-46-9958 day of July PA No. 21-03-0588 O'BRIEN JANET M O'BRIEN JANET MARGARET UPPER ALLEN TOWNSHIP ~U~_-q..ND COUN'I'~, 2003 an instrument was admitted to probate as the last will of O'BRIEN JANET M (~'±', ~'l~'±', a/k/a O'BRIEN JANET MARGARET late of UPPER ALLEN TOWNSHIP , CUMBERLAND County, who died on the 3rd day of Jul-y 2003 and, WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, DONNA M. OTTO , Register of Wills in and for the County of CUMBERLAND in the Commonwealth of Pennsylvania, hereby certify that I have this day granned Letters TESTAMENTARY to HERSHEY TRUST COMPANY who has duly qualified as Executor.(rix) and has agreed to administer the estate according to law, all of which fully appears of record in my Office at CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunno set my hand and affixed the Seal of my Office the 22nd day of July 2003. **NOTE** AT,T, AIAMES ABO~-E APPEAR (LAST, FIRST. MIDDLE) Las OF JAbYET M. O'BRIEN I, J.A_NET M. O'BI~IEN, of Upper Allen Township, Cumberland Oounty, Pennsylvania, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me heretofore made. ITEM I: I direct that all ~mBeritance and estate taxes becoming due by reason of my death, whether such taxes may be payable by my estate or by any recipient of any property, shall be paid by-the Executor out of the property passing under ITEM IV of this Will, as an expense and cost of a~m~stration of my estate. The Executor shall have no duty or obligation to obtain reimbursement for any such tax so paid, even though on proceeds of insurance or other property not passing under this V~ill. ITEM II: I direct the Executor to pay the expenses-of my last ~]]~ess and funeral expenses f~om the property passing under this Will as an expense and cost of a~m~stration of my estate. ITEM III:. I may leave a written statement or list in my safe' deposit box dispo.sing of cert.aiu items of my tangible persona] property. Any such statement or listing in existence at the t~rne of my death shall be .determinative with respect to all items bequeathed therein. If no written statement or list is found in my safe deposit box or elsewhere and properly identified by the 'Executor within thirty (30) days after the probate of my Will, it shall be pres~ume[[ that there is' no Other statement or list. Any subsequent discovered statement or .list shall be ignored. I give to my son., SEA_N MATTHEW O'BRIEN, all of my household furniture and furnishings, books, pictures, jewelry, silverware, Page automobiles, wearing apparel and all other articles of household or personal use or adornment not identified in the written list mentioned above and all pohcies of insurance thereon. I specifically request that the Executor retain for my son, or distribute to or for my son, his books, trucks, toys, trophies, his Christmas tree and Christmas ornaments, all photo s/b~ms, and other items of memorabilia which he requests. If my. son has not attained the age of eighteen (18) years at the t~rne of my deat]~, and the Executor'thinks any property to which he would become entitled is unsuitable for his use, the property shall be sold and the proceeds shall be added to lhe share of my residuary estate held for his benefit. If my son has not attained the age of eighteen (18) years at the time of my death, the Executor.may deliver any property to which he is entitled and which is not sold to the person with whom he resides or.who has the care or control of him (without bond), and the receipt of that person shs]] be a complete release of the Executor. ITEM IV: I give all the rest, residue and remainder of my estate, not disposed of in the preceding portions of this Will, to HEP~SI-tE¥ TRUST COMPANY, as Trustee, for the benefit of my son, SEAN MATTHEW O'BttIEN (the "Beneficiary"), to be administered and distributed as follows: (a) I request that the Trustee rem~nd the Beneficiary, Upon his att~m ent of the age of twenty (20)years, to obtaJ_u a colonoscopy. I request that this reminder be provided to my son every year after he attains the age of twenty (20) years, until termination of the Trust. ~) Trustee shall pay to or for the benefit of the Beneficiary so much of the net income, in convenient, at least sn~us/insts]]rnents, as is necessary, in the discretion of the Trustee, for the proper support, maintenance., medics/care and education of the Beneficiary, includ~n g the cost of private high school and college, should the Beneficiary so Page 2 choose. Income not distributed shall be accumulated and added to p rincip al. (c) The Trustee shall also pay to or for the benefit of the Beneficiary so much of the principal as the Trustee, in the discretion of 'the Trustee, considers necessary to maintain the beneficiary in the proper station in life, including proper support, maintenance, medical care a_nd education, including the cost of private high school and college, should the Beneficiary so choose. (d) Upon the attainment of the age of twenty-five (25) years by the Beneficiary, the Trustee shall pa~ to the Beneficiary one-half of the principal of his Trust. Upon the attainment of the age oftB~rty (SO) years by the Beneficiary, the Trust shall terminate and the Trustee shall pay to the Beneficiary the rems~g assets of the Trust. However, the Trustee may refuse to make distributions of principal to -the Benefici~y should the Trustee consider the Beneficiary unable to manage the principal of the Trust in the best interests of the Beneficiary.- The Trustee may also terminate this Trust in whole or. in part prior to the atts~ment of the age of thirty (SO) years by the · · Beneficiary, ffthe' Trustee reasonably believes the Beneficiary able to manage the principal in 'his own best interests. (e) Should the Beneficiary die before f~ual distribution of the assets of his Trust, the Trust shall terminate and the. Trustee' Shall Pay the assets of the Trust to the then living issue of the Beneficiary, per. stirpes. However, ff any issue has not atta~ued the age of twenty-one (21) years at the t~rae of distribution, the Trustee shall continue to hold Page 3 the share for that issue as Custodian under the PennsYlvania Uniform Transfers to Minors Act for the benefit of that issue. (f) If at any time before final distribution of the assets of any of the Trusts administered under this paragraph, there are no living beneficiaries of the Trust, the Trust shall terminate. The assets of the trust shall be paid to my parents, LOUISE SIP~6_K and JOSEPH SIRAK, if they are living at the time. If they are not living, the assets shall be divided into as many equal shares as there are then living siblings ofm~ne. My siblings are'RICHARD SIRAK, i%ONALD SIRA_K, and JAYNE JOHNSON. One equal share shall be paid to each then living sibling. If any sibling is not living, his or her share shall be paid zo his or her then living issue, per stirpes. ITEM VI: No part of the income or principal of any Trust created by this Will shall be subject to a~tachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary prior to his or her actual, receipt .of income or principal distributed. The Trustee shall pay the net income and the principal to 'the beneficiaries specified by me, as their, interests may appear, without regard to any attempted anticipation, pledging or assignment, mad without regaxd to any claim or .a~empted levy, attachment, seizure or other process against the beneficiary. ITEM VI!: In addition 'to the powers granted at law, the Executor. and the Trustee shall each possess the following powers, each of which may be exercised without court approval and in a fiduciary capacity only: Page 4 ~--~/ (a) To retain any investments I have at my death, including specifically those consisting of stock of any bank even if I have named that bank as the Executor or Trustee. (b) To vary investments, and to invest in bonds, stocks, notes, real estate mortgages or other securities or in other property, real or personal, without being restricted to so-called "legal investments", and without being lir~ted by any statute or rule of law regarding investments by fiduciaries. (c) In order to divide the principal of a Trust or for any other purpose, including final distributions, the Executor and Trustee are authorized to divide and distribute personal property and real property, partly or wholly in ]~d, and to allocate specific assets among beneficiaries and Trusts so long as the total market value of each share is not affected by the division, distribution or allocation in kind. The Executor and Trustee are each authorized to make, join in and, consummate partitions of.lands, voluntarily, or invol~zntarfly, including. giving of mutual deeds, or other obligations, with as wide powers as an individual owner in fee simple. (d) To sell either at public or private sale real and personal property severally or in conjunction with other persons,-and to consummate sale(s) by deed(s) or other instrument(s) to the purchaser(s), conveyin§ a fee simple .title. No purchaser shall be obligated to see to the application of the purchase mone~ or to make inquiry into the validity of any sale(s). The Executor and-Trustee are authorized to'execute, acknowledge and deliver deeds, assiE~ments, Page5 ~~ options or other writings as necessary or convenient to any of the power conferred upon the Executor and Trustee. (e) To mortgage real estate, and to make leases ofreaJ estate. (i) To borrow money f~om any person, including the Executor or Trustee, to pay indebtedness of mine or of my estate, expenses of administration or inheritance, legacy, estate and other taxes, slnd to assign and pledge assets of my estate or any Trust estabhshed by this Will. (g) To pay all costs, taxes, expenses and charges in connection .with .the a~m4~stration of my estate or any Trust estabhshed under this Will. (h) To make distributions of income and of principal to the proper beneficiaries, during the administration of my estate, with or without court order, in such ma~er and in such amoUnts as the Executor deems prudent and appropriate. (i) To vote shares of stock which form a p art of my estate or any Trust established under this Will, and to exercise all the powers incident to the ownership of stock. (j) To unite with other owners of property similar to property in my estate to carry out plans for the reorganization of any company whose securities form a part of my estate. Page 6 (k) To disclaim any interest in property which would devolve to me or my estate by whatever means, including but not limited to the following means: as beneficiary under a will, as an appointee under the exercise of a power of appointment, as a person entitled to take by intestacy, as a donee of an inter vivos transfer, and as a donee under a t]~rd~p arty beneficiary contract. (1) To prepare, execute and file tax returns of any type required by apphcable law, and to make all tax elections authorized by law. (m) To employ custodians ofprope.rty, investment or business advisors, accountants and attorneys as the Executor or Trustee deems appropriate, and to compensate these persons from assets of my estate or trust, without affecting the compensation to which the Executor and Trustee are entitled. (n) To divide any Trust created in this Will into two or more separate Trusts so that inclusion ratio for purposes of the generation- skipping transfer tax shall be either zero or one, in order that an election under Section 2652(a)(3) of the Internal Revenue Code may be made with respect to one of the separate Trusts, or for any other reason. '(o) To allocate administrative expenses to income or to principal, as the-Executor or Trustee deems appropriate. However, no allocation to income shall be made if the effect of the allocation is to cause a reduction in the amoUnt of any estate tax marital deduction or estate tax charitable deduction. Page 7 lifetime. To continue any litigation instituted by me during my (q) To do ali other acts in their judgment necessary or desirable for the proper and advantageous management, investment and distribution of the estate and Trusts established under this Will. ITEM VIII: The Trustee is authorized to distribute principal and/or income in any one or more of the following ways if the Trustee, in the discretion of the Trustee, considers the beneficiary unable to apply distributions to the beneficiary's own best interests, or if the beneficiary is under a legal disabilitY: (a) Directly to the beneficiary; -(b) To the Trustee, or to another person selected by the Trustee, as custodian under the Pe~sylvs~a U~form Transfers to M~ors Act as to a beneficiary under the age of twenty-one (21) years; (c) To a relative of the beneficiary, to be expended by that relative for the benefit of the beneficiary; or (d) By directly applying distributions for the benefit of the beneficiary. ITEM IX: The Trustee, on an annual basis, shali provide each income beneficiary who has attained the age of eighteen (18) years, and the Guardian of the person of any income beneficiary who has not attained the age of eighteen (18) years, statements showing transactions each Trust established for the benefit of that beneficiary. The beneficiary, or the Guardian of the person of such beneficiary, may waive tlmis right to receive an annual accounting. The Trustee may, at any time, settle any account, or questions concerning the administration of any Trust established under this Will, by agreement with the then ctu-rent income beneficiaries of the Trust, if legally competent, or if not legally competent, with the Guardian of the person of the beneficiary, the legally competent spouse of the beneficiary, or the oldest legally competent relative of the beneficiary who would take a portion of the estate of the beneficiary were the beneficiary to die at that time intestate under the laws of the State of Pennsylvania. Any ~ettlement made in accordance with this Item shall bind all persons who have an interest in the Trust, and shall constitute a release and discharge of the Trustee with respect to transactions Specified in the settlement. ITEM X: In the absence of actual l~nowledce of a breach of trust, or information concer~ng possible breach of trust that would cause a reasonable person to inquire, a successor Trustee is under no duty to examine the accounts and records of a predecessor Trustee, or to inquire into the acts or omissions of the predecessor, and is not hable for any failure to seek redress for any act or o~ssion of the predecessor. The successor Trustee shall have responsibility only for property which is actually dehvered to him or her by the predecessor and shall have ali of the powers conferred upon a Trustee hereunder. ITEM XI: Any person who has died within thirty (30) days of my death; or under SUch circumstances that the 'order of our deaths cannot- be established by proof, shall be deemed to have predeceased me~ Any person (other than myself) who has died at the s~me time as any beneficiary under thisWill, or in a common disaster with that beneficiary, or under such circumstances that the order of deaths c~unot be established by proof, shall be deemed to have predeceased that beneficiary. Page9 ITEM XII: It is my preference that JOHN O'BRIEN serve as Guardian of the person of my son, SEAN M. O'BI%IEN. In the event he is unable or unwilling to serve, I appoint ANDREW J. O'BRIEN to be the Guardian. ITEM XIII: to Executors and Trustees: I make the £ollowing provisions with respect (a) I appoint HERSHEY TRUST COMPANY, Hershey, Pennsylvania, to be the Executor and Trustee. (b) My brother-in-law, ANDREW J. O'BRIEN, shall have the power to remove any institutional Trustee serving under this Will, provided that he first appoints another institutional Trustee to serve as successor Trustee, and that successor Trustee has agreed to act as successor Trustee. This power shall be deemed to be a continr]ng successive power to remove and replace institutional Trustees. (c) Each appointment of a successor Trustee shall be in writing and sh~l] be filed with the court in the jurisdiction which is the situs of the Trust. The written instrument shall be signed by the person having the power to make the appointment. (d) The Trustee sh~11 have the right to receive reasonable compensation for services rendered. (e) The Trustee shall not be liable or accountable for any loss that may result from the good faith exercise of the authority granted in this Will. Page 10 (f) The Executor and Trustee are specifically relieved from the duty of filing bond or entering security. IN WITNESS WHEthEOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding ten (10) pages, at the end of each page of which I have also set my initials for greater security and better identification this ~f/~ day of~ , 20 (SEAL) We, the undersigned, hereby certify that the foregoing Will was signed, sealed, pubhshed and declared by the above-named Testatrix as and for her Last Will and Testsment, in the presence of us, who, at her request and in her presence and in the presence of each other, have hereunto set our hands and seals the day and yes_r first above written, and we certify that at the t~r~e of the execution thereof, the said Testatrix was of sound and disposing mind and memory. / Residing at 'b~g ~ ~)~. ACKNOWLEDGMENT COMMONTvVE~TH OF PERTNSYLVANL4 ) ) SS: I, JANET M. O'BttIEN, Testatrix, whose name is signed to the attached or foregoing instrument, having been duly qusHf~ed according to law, do hereby ac]ruowledge that I signed and executed the instrument as my Last Will and Testament; that I signed it w~]]~ugly; and that I signed it as my free and voluntary act for the purposes therein expressed. O'BRIEN Swm:n to smd subscribed, before me this ~ day of ~k/o~/~ ,20 bL. ~blic My Commission Expires: [ NOTARIAL SEAL 't CYNTHIA J. RULE, Not, ary ,P~blic. Csmp Hili Bore., Cumber~ano uount¥ (SF.J~L) My c,,omm!ssio_ n Expires Jan. 24, 2004 AFFIDAVIT COIVIMONWEALTH OF PENNS~rLVANIA ) ) SS: COUNTY OF ~ ) the Witnesses whose names are si~ned to the attached or foregoin¢ instrument, being duly qualified according to law, do depose and say that we were present and saw Testatrix, JAN-ET M. O'BRIEN, siEn and execute the instrument as her Last Wi]J and Testament; that Testatrix signed wi]]~ngly and that she executed said Will as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix si~ned the Will as Witnesses; and that to the best of our knowledge the Testatrix was at that time eighteen (18) or more years o£ age, of sound mind and under no c°nstrs~nt or, undue influence. Witness -/ Witness C) Sworn to and subscribed before me this ~ day of ~Cr~q.4a,_.Ja~ ,2002_ My Commission Expires: (SF_3_L) YNIHiA o. ' Bore, Cumberland Counl~t / . · i-. s~an 24,2~ ~omm~ssion BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION DEPT. 180601 HARRISBURG, PA 17118-060! HERSHEY TRUST CO 100 MANSION RD EAST PO BOX qq5 HERSHEY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLO#ANCE OR DZSALLOHANCE OF DEDUCTIONS AND ASSESSMENT OF TAX '04 f~i.?~ E4 PA 1705~~i~ DATE 05-Zq-ZOOfi ESTATE OF OBRIEN DATE OF DEATH 07-05-2005 FILE NUMBER 21 05-0588 "~i;('~OUNTY CUMBERLAND ACN 101 Amoun~ Remi~ed RE¥-lSq? EX AFP (01-05) JANET MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17015 CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~ REV-1547 EX AFP (01-03) NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX ESTATE OF OBRIEN JANET MFZLE NO. 21 05-0588 ACN 101 DATE 05-Zq-ZOOq TAX RETURN HAS: (X) ACCEPTED AS F/LED ( ) CHANGED RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAZSED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Real Estate (Schedule A) (1) 2. Stocks and Bonds (Schedule B) (2) $. Closely Held Stock~Partnership Interest (Schedule C) ($) q. Mortgages/Notes Rece/vable (Schedule D) 5. Cash/Bank Deposits/M/sc. Personal Property (Schedule E) 6. Jo/ntly Owned Property (Schedule F) (6) 7. Transfers (Schedule G) (7) 8. Tote1 Assets APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expanses/Adm. Costs/M/sc. Expanses (Schedule H) (9) 10. Debts/Mortgage Liab/1/t/es/Liens (Schedule I) (10) 11. Total Deduct/ohs 12. Na~ Value of Tax Return 1111769.22 1731807.87 .00 .00 2q~195.85 151.13 .00 (8) qO,3q6 .q5 8q~q35.52 (11) (12) 15. NOTE: NOTE: To /nsure proper credit to your account, submit the upper port/on of th/s form with your tax payment. 309,92q.07 ]24.781.q7 185,1q2.10 Charitable/Governmental Bequests; Non-elected 9115 Trusts (ScheduZe J) (15) Nat Value of Estate Subject to Tax Zf an assessment ,as issued previously, lines 14, 15 and/er 16, 17, reflect ~igures that include the total o~ ALL returns assessed to date. (15) .00 x O0 = (16) 185,0q5.69 x Oq5= (17) .00 x 12 = (18). 96.ql x 15 = (19)= ASSESSMENT OF TAX: 15. Amount of L/ne lq at Spousal rata 16. Amount of L/ne lq taxable at L/neaZ/Cless A rata 17. Amount of L/ne lq at S/bl/ng rata 18. Amount of Line lq taxable at Collateral/Class B rata 19. Pr/ncipal Tax Due TAX CREDITS: PAYMENT RECEIPT DISCOUNT DATE NUMBER INTEREST/PEN PAID (-) 10-02-2003 CD003078 ~17.08 05-17-200~ REFUND .00 AMOUNT PAID ZF PAID AFTER DATE INDICATED, SEE REVERSE FOR CALCULATZON OF ADDITIONAL INTEREST. 8,000.00 75.56- .00 185,1q2.10 18 and 19 will .00 8,327.06 .00 lq.q6 8,3ql.52 TOTAL TAX CREDIT BALANCE OF TAX DUE INTEREST AND PEN. TOTAL DUE 8,3ql.52 .00 .00 .00 ( ZF TOTAL DUE ZS LESS THAN $1, NO PAYMENT ZS REQUIRED. ZF TOTAL DUE ZS REFLECTED AS A 'CREDIT' (CR)~ YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR ZNSTRUCTZONS.) RESERVATION: PURPOSE OF NOTICE: PAYMENT: REFUND (CR): OBJECTIONS: ADNIN- ISTRATZVE CORRECTIONS: DISCOUNT: PENALTY: INTEREST: Estates o{ decedents dying on or before December 12, 1982 -- if any future interest in the estate is transferred in possession or enjoyment to Class B (collateral) beneficiaries of the decedent after the expiration o{ any estate for life or for years, the Commonwealth hereby expressly reserves the right to appraise and assess transfer Inheritance Taxes at the lawful Class B (collateral) rate on any such {uture interest. To ~ulfill the requirements of Section gl40 of the Inheritance and Estate Tax Act, Act 25 of ZOO0. (72 P.S. Section 9140). Detach the top portion of this Notice and submit with your payment to the Register of Rills printed on the reverse side. --Make check or money order payable to: REGISTER OF NZLLS, AGENT A refund of a tax credit, ehich was not requested on the Tax Return, may be requested by completing an "Application for Re{und o{ Pennsylvania Inheritance and Estate Tax" (REV-iSIS). Applications are available at the Office of the Register of Rills, any of the 25 Revenue District Offices, or by calling the special 24-hour answering service for forms ordering: 1-800-562-2050; services {or taxpayers with special hearing and / or speaking needs: 1-800-447-5020 (TT only). Any party in interest not satisfied with the appraisement, allowance, or disalloeance of deductions, or assessment of tax (including discount or interest) as shown on this Notice must object aithin sixty (60) days of receipt of this Notice by: --eritten protest to tho PA Department of Revenue, Board of Appeals, Dept. 281021, Harrisburg, PA 17128-1021, OR --election to have the matter determined at audit o{ the account of the personal representative, OR --appeal to the Orphans' Court. Factual errors discovered on this assessment should be addressed in eriting to: PA Department of Revenue, Bureau of Individual Taxes, ATTN: Post Assessment Raviee Unit, Dept. 280601, Harrisburg, PA 17128-060! Phone (717) 787-6S05. See page S o{ the booklet "Instructions for Inheritance Tax Return for a Resident Decedent" (REV-iS01) for an explanation of administratively correctable errors. I{ any tax due is paid within three (5) calendar months after the decedent's death, a five percent (SI) discount of the tax paid is alleged. The 152 tax amnesty non-participation penalty is computed an the total of the tax and interest assessed, and not paid before January 18, 1996, the {irst day after the end of the tax amnesty period. Thls non-participation penalty is appealable in the same manner and in the the same time period as you would appeal the tax and lnterest that has been assessed as indicated on this notice. Interest is charged beginning with first day of delinquency, or nine (9) months and one (1) day from the date of death, to the date of payment. Taxes which became delinquent before January 1, 1982 bear interest at the rate of six (623 percent per annum calculated at a daily rate of .000164. All taxes which became delinquent on and after January 1, 1982 mill bear interest at a rate which will vary {rom calendar year to caIendar year aith that rate announced by the PA Department of Revenue. The applicable interest rates for 1982 through Z004 are: Interest Daily Interest Daily Interest Daily Year Rate Factor Year Rate Factor Year Rate Factor ~ lOX .000548 ~-1991 1XZ .000501 ~ 9X .000247 1985 XSZ .000458 1992 92 .000247 ZOOZ 67. .000164 1984 Ill .000501 1995-1994 7Z .000192 Z005 52 .000157 1985 157. .000556 1995-1998 92 .000247 Z004 42 .000110 1986 102 .000274 1999 7Z .000192 1987 107. .000274 2000 77. .000192 --Interest is calculated as follows: INTEREST = BALANCE OF TAX UNPAID X NUNBER OF DAYS DELINQUENT X DAILY INTEREST FACTOR --Any Notice issued a{tar the tax becomes delinquent will reflect an interest calculation to fi{teen (lB) days beyond the date of the assessment. If payment is made after the interest computation date sheen on the Notice, additionat interest must be calculated. IN RE: THE ESTATE OF JANET M. O'BRIEN IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : : ORPHANS' COURT DIVISION : : FILE NO. 21-03-00588 CONSENT ORDER 1. On October 13, 2003, Petitioners, Hershey Trust Company, Executor of the Estate of Janet M. O'Brien, and Louis O'Brien and Rose O'Brien, who have sole legal and physical custody of Sean O'Brien, filed a Petition for Order Directing American Express Financial Advisors, Inc. to Distribute Certain Accounts to Trust and for the Award of Costs and Attorney's Fees Against American Express Financial Advisors, Inc. and Michael I. Shalhoub (the "Petition"). 2. The Respondents to the Petition are: American Express Financial Advisors, Inc. ("American Express"), and Respondent, Michael I. Shalhoub, Janet O'Brien's financial advisor. 3. The dispute arose regarding whether the following American Express accounts held by Janet M. O'Brien at the time of her death were held as "Transfer on Death Accounts": ACCOUNT NUMBER 010100226611 002 01010022671 0 002 01010022672 8 002 01010022673 6 002 01010022674 4 002 01010022675 I 002 01010022679 3 002 01449156233 7 002 (herein collectively "the Accounts"). 4. The parties agree that the Accounts will not be treated as Transfer on Death accounts but instead the Accounts will be paid to the Estate of Janet O'Brien by American Express issuing a check to Hershey Trust Company as the Executor of the Janet O'Brien Estate for the aggregate amount the Accounts are worth on the date of liquidation. 5. The Estate of Janet O'Brien will complete American Express's Estate Settlement form (attached hereto as Exhibit "A" and made a part hereof as though fully set forth herein), and Mutual Fund and Certificate Redemption, Exchange and/or Transfer of Investment form (attached hereto as Exhibit "B" and made a part hereof as though fully set forth herein). 6. The Estate of Janet O'Brien will complete Exhibits "A" and "B" and return them to American Express's undersigned counsel. 7. American Express will liquidate the Accounts and issue a check to Hershey Trust within (i) fourteen (14) days of the Court signing this Consent Order or (ii) American Express's receipt of the Estate of Janet O'Brien's completed Exhibits "A" and "B", whichever is later. 8. Petitioners Louis O'Brien and Rose O'Brien waive any right that Sean O'Brien, his heirs and assigns would have in American Express paying the Accounts directly to Sean O'Brien. 9. As part of their settlement with American Express, the Petitioners waive any claims against Respondents for attorneys' fees and costs. 10. Hershey Trust Company will place the proceeds of the Accounts in trust for Sean O'Brien as set forth in Janet O'Brien's Will, Item IV. 11. After Hershey Trust Company receives the check issued by American Express, pursuant to Paragraph 7 of this Consent Order, the Estate of Janet O'Brien will file a Praecipe to Discontinue the Petition. 12. The Court, in signing this Order, approves the settlement of Sean O'Brien's rights to the Accounts and his waiver for any claim of attorneys' fees or costs. DATED: DATED: DATED: THE ESTATE OF JANET O'BRIEN THE HERSHEY TRUST COMPANY, Executor for the Estate of Janet O'Brien ~o~ert K:R~it~el ~ ~ ~ ~ce President and Trust Officer Louis O'Brien, Co-Legal and Physical Custodian of Scan O'Brien Rose O'Brien, Co-Leg~fl and Physical Custodian of Sean O'Brien DATED: AMERICAN EXPRESS FINANCIAL ADVISORS, INC. By: Print Name: Print Title: [signatures continue on next page] DATED: M~chae~ J Shalhoub "~'~ THE COURT: DATED: EXHIBIT A · Estate Settlement Form · Brokerage · SPS Advantage · Premier Portfolio Services · Mutual Funds · Certificates · Shurgard (IRAs only) · American Express ONE Financial Account · Direct Investments (IRAs only) · Non-Qualified Accounts: · IRAs: Complete Sections 1 through 5 and 12 (Instructions on Page 2) Complete Sections 6 through 12 (Instructions on Page 6) 3248 Page 1 of 10 G (12/03) · · 'Estate Settlement Form · Non-Qualified Accounts · Brokerage · Certificates · Mutual Funds · Premier Portfolio Services, inc. · SPS Advantage · American Express ONE Financial Account American Express Financial Advisors 70100 AXP Financial Center Minneapolis, MN 55474 Please read the instructions (shown below) completely before completing this form for submission to American Express. Failure to provide all required information for your claim may cause processing delays. General Instructions for All Assets: Non-Qualified: Sections 1 through 5 of this form are used to provide instructions for non-qualified assets. Only the accounts listed in Section 1 will be settled according to the instructions provided in Section 1 through 5 of the form. See below for specific instructions for each section. For IRA assets please refer to Section 6 through 11 of this form. For non-qualified direct investment accounts - REITs and Limited Partnerships, please contact the General Partner directly for instructions. IRA: Sections 6 through 11 of this form are used to provide instructions for settling an IRA to the claimant. The IRA plan(s) for which instructions are provided must be identified in Section 6 of this form. All investments held in the IRA plan(s) identified, Including Limited Partnership Investment and REIT accounts will be settled pursuant to the instructions on this form. If the decedent had multiple IRA plans and the claimant would like to make different elections for each IRA plan, the claimant must complete a separate estate settlement form for each IRA plan. See Page 6 for more specific information on settling IRAs. Purpose of Form: The purpose of this form is to re-title the deceased's assets in the name of the claimant. The assets must be re-titled before the claimant may make any account transaction requests. Notitv American Express Financial Advisors of the client's death before submitting this form. This will facilitate the fastest claim payment possible. · AEFA Advisors please call (888) 723-8476 menu options 1, 3,1. AEFA · Claimants and Beneficiaries please call (800) 862-7919 menu options 5,1 · Complete a separate Estate Settlement Form for each claimant, account ownership and type of transfer instructions. This form can be used to provide only one set of instructions. The instructions indicated in this section of the form will be applied to all accounts indicated in this section of the form. · Liquidation of Accounts This form cannot be used to request liquidation of an account. Once the assets are re-titled, the claimant may contact our office toll-free at 1-800-862-7919 to request liquidation. For at-fund proprietary mutual funds and certificates, they may attach form F119 to this form and indicate they have done so in Section 4 of the form. · Additional Service Transactions, Bank Authorizations, Dividends, Interest and Scheduled Distribution Arrangements The claimant may request these services by attaching the appropriate request form. For non-qualified accounts see Section 4 for complete instructions. · Un-cashed, Outstanding Checks Any checks issued against the deceased person's accounts may be returned to us to be re-issued to the correct payee. Checks issued after the date of death are the property of the beneficiary or claimant. Checks issued prior to the date of death are the property of the payee's estate and may be treated as an estate asset eligible for probate and distribution by the legally appointed estate representative. · Outstanding Stock Certificates If there are outstanding stock certificates issued against an at-fund proprietary mutual fund account, the certificate(s) must be returned to our corporate office before your claim can be processed. If you are unable to locate the outstanding certificates, your American Express financial advisor can assist you in submitting the appropriate loss and indemnity statements to our corporate office. You may also call 1-800-862-7919, menu options 5, 1. Each section of the form has specific instructions. If in any section of the form there is insufficient space to provide the information required, the claimant may provide that information on a separate attachment page. If an attachment page is included, it must be signed and dated by all parties who sign the Estate Settlement Form and the section of the form for which the attachment is included must have the words "see attachment" entered therein. Section 1 - Existing Account Identification Use this section of the form to identify the decedent's accounts that are affected by the instruction provided on this form. Claims will not be processed for accounts that are not listed. Section 2 - Transfer Instructions and Authorization Please use this section to identify the amount of each account being claimed that will be re-registered in the ownership of the claimant. The instructions in this section must correspond exactly to any beneficiary instruction that exists on the decedent's account(s). Sections 3, 3A, 3B and 3C - Beneficiary/Claimant Information for Non-Qualified Accounts All claimants/'oeneficiaries of nonqualified accounts must complete this section to provide their instructions for ownership registration. We are required by law to obtain certain personal information from you which will be used by us to verify your identity. If you do not provide us the information, we may not be able to open your account. If we are unable to verify your identity, we reserve the right to close your account or take such other steps as we deem reasonable. Section 4 - Additional Requests If you have attached forms for additional requests, such as liquidation, dividend or payout arrangements, etc., you must indicate so in this section of the form. Section 5 - Supplemental Instructions for Brokerage, SPS Advantage, Premier Portfolio Services, Inc. Service and ONE Accounts This Section must be completed for claimants of Brokerage, SPS Advantage and Premier Portfolio Services, Inc. Service Accounts. If this section is not completed, processing of your claim may be delayed. Section 1Z - Authorization and Acknowledgements This section must be signed by all new owners and fiduciaries, if all new owners and/or fiduciaries do not sign this section the claim will not be processed. 3248 Page 2 of 10 G (12/03) · Estate Settlement Form · Non-Qualified Accounts · Brokerage · Certificates · Mutual Funds · Premier Portfolio Services, Inc. · SPS Advantage · American Express ONE Financial Account American Express Financial Advisors 70100 AXP Financial Center Minneapolis, MN 55474 Please Print or Type. Account Numbers · If any there are outstanding stock certificates issued for any American Express mutual fund account listed above, they must be returned to our office for this claim to be processed. Decedent's Name Decedent's Client ID Number Decedent's Date of Death State of Residence Decedent's Social Security Number I assign subject to the approval of the Fund or IDS Certificate Company or American Enterprise Investment Services (the "Issuer"): Transaction Amount [] All : · Dollars O % Percent Shares Shares or certificate described above to person or persons named in Section 3, I irrevocably appoint American Express Financial Corporation to Transfer said securities on the books of the issuer, with full power of substitution in the premises. I affirm that the information in Section 1 and 2 of this form is correct, and may be included in any required reports to the tax or regulatory authorities. (Signature(s) of Joint Tenant, Beneficiary, Claimant, Trustee(s), Legal Representative(s) for the Decedents Estate or other Fiduciarie(s) Date Signed IX IX 3248 Page 3 of 10 G(12/03) · · · Guideline~ for Completion of Sections 3, 3A, 3B and 3C · We are required by law to obtain certain personal information from you which will be used by us to verify your identity. If you do not provide us the information, we may not be able to open your account. If we are unable to verify your identity, we reserve the right to close your account or take such other steps as we deem reasonable. · This section must be completed by all new owners/claimants of Non-Qualified accounts. · For settlement of IRA Plan assets, please refer to Sections 6 through 12. · Claimants of Non-Qualified Brokerage, SPS Advantage, PREMIER PORTFOLIO SERVICES, INC. and American Express ONE Financial Accounts must also complete Section 5 of this form. [] Individual [] Joint Tenancy (WROS) [] Tenants in Common [] Trustee-Beneficiary (certificate accts only) [] Tenants by Entirety [] Community Property [] Usufructuary/Life Tenant/Life Estate [] Guardian/Conservator/Next Friend* [] UTMA** [] Estate*** [] Trust**** [] Organization ..... [] Other Relationship to Decedent in Section 1 Citizenship- Check One Option: [] U.S. Citizen [] Resident Alien [] Non-Resident Alien Name as it appears in IRS Records Street Address City Date of Birth Social Security Number State Postal Code Relationship to Decedent person in Section 3A Date of Birth : Citizenship - Check One Option: [] U.S. Citizen [] Resident Alien [] Non-Resident Alien Name as it appears in IRS Records Social Security Number Street Address City State Postal Code Name of Fiduciary, Estate Representative, Trustee(s), Officer(s) of Organization, UTMA Custodian, Usufruct, Life Tenant/Estate Name of Decedent, Trust, Organization, Minor, Naked Owner(s), Remaindermen Street Address Taxpayer Identification Number of Claimant or Minor · Date of Trust (if Trust is claimant) : UTMA State (minor claimant) City State Postal Code * If a fiduciary ownership such as Guardianship or Conservatorship is chosen, a court certified copy of the court order appointing the fiduciary must be included. *" If UTMA ownership is selected for a Minor beneficiary or claimant, Social SecuriW Number for the Minor must be included. *** If Estate ownership is selected, the Taxpayer Identification Number to be used for the Estate must be included as well as court certified copy of the order appointing the representative of the estate .... If Trust ownership is requested, the Taxpayer Identification Number to be used for the trust as well as the names of ALL trustees and the complete date of the trust must be included on this form and a copy of the title, and signature pages of the trust document must be submitted with this form. ..... If the assets are to be registered in the name of an organization, a corporate resolution identifying those officers authorized to sign on behalf of the organization must be included, 3248 Page 4 of 10 S (12/03) · For additional requests that are not included on this form, the claimant may attach the appropriate request form for processing after the death claim processing has been completed. Please review the description for each item in order to determine if you need to include it with this form and identify the appropriate items using the check-off boxes. [] Mutual Fund and Certificate Redemption, Exchange and/or Transfer of Investment Form Fl19 This must be included if you wish to request liquidation of an at-fund proprietary mutual fund or investment certificate account after your death claim has been processed. Alternatively, for Mutual Fund, Certificate, Brokerage and SPS accounts, the new account owner may contact the corporate office by telephone to request this service after the death claim has been processed. [] Bank Authorization/Systematic Payout/1A/ire/Direct Deposit Request Form 200433 Use this form to request any of those services for non-brokerage accounts [] Systematic Contribution/Distribution Request Form Form 200353 Use this form to request any of those services, including Bank Authorizations and systematic payouts for brokerage accounts [] Dividend or Interest Delivery Arrangement Form Fl40 This form must be included to provide dividend or interest delivery instructions on new direct-at-fund proprietary mutual fund accounts and investment certificate accounts. If this form is not included, the processing defaults described below will be exercised: · If the assets are being transferred to a new account with a new account number, no arrangements will set up on the new account · If the assets are going to remain in the current existing account with the ownership registration changed to remove the decedent from the account, then any arrangement existing on the account will remain [] Additional Account Features Form 10528 This form is required to continue any account features on your American Express Brokerage, SPS, SPS Advantage or ONE account [] Request to Move American Express Funds Form 200344 This form must be included to transfer shares of American Express mutual funds, currently held in direct-at-fund accounts in-kind to an existing American Express Brokerage account. Brokerage and SPS Advantage Accounts Only - Margin Account Agreement if you do not elect to have a margin account by checking the box below, no margin account will be provided. [] Yes, I agree to have a margin account* * By checking this box I agree that I have received the client agreement and am bound by the terms set forth in the margin agreement therein. Claimant Options - SPS Advantage Accounts Only - Check the box beside the option requested. If no option is elected, we will assume that the claimant's intention is to liquidate the account within 90 days of completion of the death claim settlement [] Claimant will hold an SPS Advantage Account and has signed and attached the SPS Advantage Service Agreement Form 23443 [] Claimant will be terminating the SPS Advantage agreement within 90 days of re-registration and agrees to the following terms: · SPS Account Termination Fee will be waived on request at the time of complete liquidation of the SPS Account within 90 days of completion of the death claim settlement · No SPS Advantage Services will be provided · Account activity will be limited to liquidations and in-kind transfers only · Claimant is responsible for submitting liquidation requests by calling 1-800-862-7919 and speaking to a trader to request liquidation or in-kind transfer of the account within 90 days of completion of the death settlement Claimant Options - Premier Portfolio Services Accounts 0nly - Check the box beside the option requested. - [] Claimant will maintain existing account and has completed the appropriate agreement(s) [] Claimant will be completely terminating the PREMIER PORTFOLIO SERVICES agreement(s) after re-registration and agrees to the following terms: · No annual fee will be charged · No Premier Portfolio Services will be provided · Account activity will be limited to liquidations and in-kind transfers only · Claimant is responsible for submitting written instructions for liquidation or in-kind transfer of the account to our office within 90 days of completion of the death settlement. Telephone requests for liquidation or transfer of this account are not accepted. ONE High-Yield Savings Account Information Upon receipt of proof of death of any account holder(s) and receipt of complete claim requirements at our office, all assets held in the ONE High-Yield Savings account will be transferred to the American Express ONE Financial Account held by American Express Financial Advisors Inc., and will be settled to any beneficiaries, heirs or claimants as part of the cash position of the American Express ONE Financial Account. 3248 Page 5 of 10 G(12/03) · 'Estate Settlement Form · Custodial IRA Plans · Brokerage · SPS Advantage · Shurgard · Mutual Funds · Certificates · Premier Portfolio Services, Inc. · Direct Investment Account - Limited Partnerships and REITs American Express Financial Advisors 70100 AXP Financial Center Minneapolis, MN 55474 Please read the instructions (shown below) completely before completing this form for submission to American Express. Failure to provide all required information required for your claim may cause processing delays, General Instructions Notify American Express Financial Advisors of the IRA owner's death before submitting this form. This will facilitate the fastest claim payment possible. · AEFA Advisors please call (888) 723-8476 menu options 1, 3, 1. AEFA · Claimants and Beneficiaries please call (800) 862-7919 menu options 5, 1 · IRA Required Minimum Distribution (RMD) If the decedent had reached his or her Required Beginning Date (RBD) and has not yet taken their Required Minimum Distribution (RMD), please contact our office for additional instructions before completing this form. · Complete a separate Estate Settlement Form for each claimant, account ownership and type of transfer instructions. The instructions elected in Section 6 of the form will be applied to all accounts in the IRA Plan(s) indicated. If a claimant is a beneficiary of multiple IRA plans and wishes to provide different instructions for each IRA plan, he/she must complete a separate Estate Settlement Form for each IRA. · Liquidation of Accounts This form cannot be used to request a distribution from an IRA. This form can only be used to re-register the ownership of the IRA. Claimants wishing to take distributions after completion of the death claims settlement may do so by contacting our office toll-free at 1-800-862-7919, or for proprietary mutual funds and certificates, they may attach the appropriate liquidation request form to this Estate Settlement Form and indicate they have done so in Section 10 of the form. · Additional Service Transactions, Bank Authorizations, Dividends, Interest and Scheduled Distribution Arrangements These services cannot be requested using this form. However, the claimant may request a scheduled distribution arrangement by completing form 200433 and/or Form F-140 indicating they have done so Jn Section 10 of the form. · Un-cashed, Outstanding Checks Any checks issued against the deceased person's IRA may be returned to us to be re-issued to the correct payee. Checks issued after the date of death are the property of the beneficiary or claimant. Checks issued prior to the date of death are the property of the decedent's estate and may be treated as an estate asset eligible for probate and distribution by the legally appointed estate representative. · Accounts involving a deceased fiduciary, such as a court-appointed Guardian, Trustee, Custodian, Controller, etc. While the ownership of these accounts does not need to be changed because the actual owner is not deceased, it is still necessary to complete the Estate Settlement form to update the registration of the accounts to indicate any change in the identity of the person(s) in the fiduciary role. Each section of the form has specific instructions. If there is insufficient space to provide the information required, the claimant may provide that information on a separate attachment page. If an attachment page is included, it must be signed and dated by the claimant(s) and the section of the form for which the attachment is included must have the words "see attachment" entered therein. Section 6 - Existing IRA Plan Identification Use this section of the form to identify the decedent's IRA Plans for which instructions are provided on this form. Instructions provided on this form apply to all accounts held in the IRA Plan(s) identified on this form. Section 7 - Claimant Information - IRAs All beneficiaries of IRA plan accounts must complete this section to provide their instructions for ownership registration. We are required by law to obtain certain personal information from you which will be used by us to verify your identity. If you do not provide us the information, we may not be able to open your account. If we are unable to verify your identity, we reserve the right to close your account or take such other steps as we deem reasonable. Section 8 - Settlement Options for IRAs All beneficiaries of IRA plan accounts must complete this section to provide their instructions for ownership registration Section 9 - IRA Fee Information Statement of Administrative and Custodial fees for IRAs Section 10- Additional Requests If you have attached forms for additional requests, such as liquidation, dividend or payout arrangements, etc., you must indicate so in this section of the form. Section 11 - Supplemental Instructions and Information for Brokerage, SPS Advantage, Premier Portfolio Services and Direct Investment Accounts This Section must be completed for claimants of Brokerage, SPS Advantage, Premier Portfolio Services and Direct investment accounts. If this section is not completed, processing of your claim may be delayed. Section 12 - Authorization and Acknowledgements This section must be signed by all new owners and fiduciaries. If ali new owners and fiduciaries do not sign this section, your claim will not be processed. 3248 Page 6 of 10 G (12/03) · · Estate Settlement Form · Custodial IRA Plans · Brokerage · SPS Advantage · Shurgard · Mutual Funds · Certificates · Premier Portfolio Services, Inc. · Direct Investment Account - Limited Partnerships and REITs American Express Financial Advisors 70100 AXP Financial Center Minneapolis, MN 55474 Please Print or Type. · List one account number below from each IRA Plan to be settled according to the instructions provided on this form. · If you are the beneficiary for multiple IRA plans owned by the decedent and you wish to provide different settlement instructions for each IRA plan, you must submit those instructions for each IRA Plan on a separate Estate Settlement Form. · All accounts in the IRA plans identified on this form will be settled according to the single instructions indicated on this form whether or not those specific account numbers are listed. · Identify the IRA Plan(s) being settled according to the instructions provided on this form by placing a check mark or "X" in the box corresponding to the IRA Plan types listed below: [] Traditional (Active) IRA [] SIMPLE (SRA) [] Inherited (Beneficial/Deceased)IRA- All Types [] SEP IRA [] Rollover (Segregated)IRA [] Roth Contributory IRA [] Roth Conversion IRA Identify at least one account number from each IRA Plan type identified above Account Numbers Deceased's Name Deceased's Client ID Number Deceased's Date of Death State of Residence Deceased's Social Security Number Guidelines for Completion of Section 7 - Must be completed by all new ownors/claimants of IRA Plan accounts. · We are required by law to obtain certain personal information from you which will be used by us to verify your identity. If you do not provide us the information, we may not be able to open your account. If we are unable to verify your identity, we reserve the right to close your account or take such other steps as we deem reasonable. · For Non-Qualified Accounts refer to Page 4 of this form · If the decedent's IRA held a Brokerage, SPS, Premier Portfolio or Direct Investment account you must review and complete Section 11 of this form. · If Trust ownership is requested, the Taxpayer Identification Number to be used for the account as well as the names of All Trustees must be included as well as the complete date of the trust and a copy of the title and signature pages of the trust document. · If a fiduciary ownership such as Guardianship, Conservator or Estate is chosen, a certified copy of the court order appointing the fiduciary must be included. · If Estate ownership is selected, the Taxpayer Identification Number to be used for the Estate must be included. · If the assets are to be registered in the name of an organization, a corporate resolution identifying those officers authorized to sign on behalf of the organization must be included. · If UTMA ownership is selected for a Minor beneficiary or claimant, Social Security Number for the Minor must be included. Claimant/Beneficiary Information Relationship to Decedent in Section 1 Name as It Appears in IRS Records Date of Birth Name of Guardian, Conservator, Custodian, Controller, Trustee(s), and Estate Representative as Appropriate to the Ownership Registration Citizenship - Check One Option: [] U.S. Citizen [] Resident Alien [] Non-Resident Alien Taxpayer Identification Number Date of Trust (if Trust is claimant) Street Address State UTMA State (minor claimant) Postal Code 3248 Page 7 of 10 G {12/o3) · · Identify whether or not the decedent had reached his or her Required Beginning Date (RBD). The Required Beginning Date for IRA distributions is April 1st of the year following the year the decadent turned 70',~ years eld. Did the decedent die prior to the Required Beginning Date? [] YES [] NO [] Roll to Your Own IRA Transfer my entire portion of the IRA Plan assets to my own IRA. I have attached IRA new account application, Form 200292'. I understand that required distributions from my IRA must begin by my Required Beginning Date. * Not required if you already have a non-brokerage custodial IRA with American Express Trust Company as Custodian. [] Life Expectancy Payments Transfer my entire portion of the IRA Plan assets to an Inherited IRA for my benefit. I understand that required distributions must beginibY the later of December 31 of the year following the decedent's death, or December 31 of the year the Decedent would have attained 70/2 years of age. I have also included IRA Beneficiary Form 3993. [] Five Year Rule* (Available only if decedent did not reach his or her Required Beginning Date) Transfer my entire portion of the deceased's IRA assets into an inherited IRA for my benefit. I understand that if I elect this option, I must withdraw the entire balance by December 31 of the fifth year after the IRA owner's death. I have also included IRA Designation of Beneficiary Form 3993. * This election is irrevocable as of the earlier of: (a) December 31 of the year the IRA owner would have attained age 7~//years of age (b) December 31 of the year that contains 5th anniversary of the death of the IRA owner [] Life Expectancy Payments Transfer my entire portion of the IRA Plan assets to an Inherited IRA for my benefit. I understand that required distributions must begin by December 31 of the year following the decedent's death. I have also included IRA beneficiary Form 3993. [] Five-Year Rule* (Available only if decedent did not reach his or her Required Beginning Date) Transfer my entire portion of the deceased's IRA Plan assets into an inherited IRA Plan for my benefit. I understand that if I elect this option, I must withdraw the entire balance by December 31 of the fifth year after the IRA owner's death. I have also included IRA Designation of Beneficiary Form 3993. * This election is irrevocable as of December 31 of the year following the year of the IRA owner's death. [] Life Expectancy Payments (Required if decedent reached his or her Required Beginning Date) Transfer my entire portion of the IRA Plan assets to an Inherited IRA Plan for my benefit. I understand that required distributions must begin no later than December 31 of the year following the decedent's death. I have also included IRA Beneficiary Form 3993. [] Five-Year Rule (Required if decedent did not reach his or her Required Beginning Date) Transfer entire portion of the deceased's IRA Plan assets into an inherited IRA Plan. I understand that if I elect this option, I must withdraw the entire balance by December 31 of the fifth year after the IRA owner's death. [] Check here if you are the beneficiary of an Inherited IRA Required distributions from an inherited IRA must continue in the year following the year of the inherited IRA owner's death. [] Look-Through Trust If you are claiming this IRA on behalf of a trust and wish to take advantage of the IRS "look through" rules for trusts (IRS Reg. §1.401(a)(9)- 4, Q & A -6), complete and attach Form 200475. 3248 Page 8 of 10 G (12/03) · IRAs are charged an annual Custodial Fee and may also be charged an IRA Plan Termination Fee. Please refer to the publication "Your Guide to IRAs", available from your American Express financial advisor. For additional requests that are not included on this form, the claimant may attach the appropriate request form for processing after the death claim processing has been completed. Please review the description for each item in order to determine if you need to include it with this form and identify the items you have included using the check-off boxes. [] Look-through Trust Documentation Form for IRAs Form 200475 This form is required if the beneficiary of the IRA is a Trust and the Trustee would like to take advantage of the "Look-Through" rules. [] IRA Designation of Beneficiary for IRAs Held by American Express Trust Company as Custodian Form 3993 If you wish to designate a beneficiary, complete the form and attach to this Estate Settlement Form. [] Mutual Fund and Certificate Redemption, Exchange and/or Transfer of Investment Form Fl19 This must be included if you wish to request liquidation of at-fund proprietary mutual fund or investment certificate account after your death claim has been processed. Alternatively, for Mutual Fund, Certificate, Brokerage and SPS accounts, the new account owner may contact the corporate office by telephone to request this service after the death claim has been processed. [] Bank Authorization/Systematic Payout/Wirn/Direct Deposit Request Form 200433 Use this form to request any of those services for non-brokerage accounts. [] Dividend or Interest Delivery Arrangement Form F140 This form must be included to provide dividend or interest delivery instructions on new direct-at-fund proprietary mutual fund accounts and investment certificate accounts. If this form is not included, one of the two processing defaults described below will be exercised: · If the assets are being transferred to a new account with a new account number, no arrangements will set up on the new account. · If the assets are going to remain in the current existing account with the ownership registration changed to remove the decedent from the account, then any arrangement existing on the account will remain. [] Additional Account Features Form 10528 This form is required to continue any account features on your American Express Brokerage, SPS, SPS Advantage or ONE account. [] Request to Move American Express Funds Form 200344 This form must be included to transfer shares in-kind of American Express mutual funds, currently held in direct-at-fund accounts to an existing American Express Brokerage account. [] Change of Side Account Designation for Limited Partnership/REIT Investment Form F246 This form is used to set up, discontinue or change Side Account Designations for Limited Partnership/REiT Investments. If this form is not included we will default to the side fund designated for the deceased IRA owner. Claimant Options - SPS Advantage Accounts Only - Check the box beside the option requested, If no option is elected, we will assume that the claimant's intention is to liquidate the account within 90 days of completion of the death claim settlement [] Claimant will hold an SPS Advantage Account and has signed and attached the SPS Advantage Service Agreement Form 23443 [] Claimant will be terminating the SPS Advantage agreement within 90 days of re-registration and agrees to the following terms: · SPS Account Termination Fee will be waived on request at the time of complete liquidation of the SPS Account within 90 days of completion of the death claim settlement · No SPS Advantage Services will be provided · Account activity will be limited to liquidations and in-kind transfers only · Claimant is responsible for submitting liquidation requests by calling 1-800-862-7919 and speaking to a trader to request liquidation or in-kind transfer of the account within 90 days of completion of the death settlement Claimant Options - Premier Portfolio Services Accounts Only - Check the box beside the option requested. [] Claimant will maintain existing account and has completed the appropriate agreement(s) [] Claimant will be completely terminating the PREMIER PORTFOLIO SERVICES agreement(s) after re-registration and agrees to the following terms: · No annual fee will be charged · No Premier Portfolio Services will be provided · Account activity will be limited to liquidations and in-kind transfers only · Claimant is responsible for submitting written instructions for liquidation or in-kind transfer of the account to our office within 90 days of completion of the death settlement. Telephone requests for liquidation or transfer of this account are not accepted. Additional Information for Direct Investment Accounts- Limited Partnership Investments and REITs · All Direct Investment accounts - limited partnerships and REITs held in the decedent's IRA will be settled pursuant to the instructions included on this form unless not allowed by the General Partner. · All Shurgard limited partnership investments accounts will be settled to an American Express Brokerage account. · If Form F246, Change of Side Account Designation for Limited Partnership/REIT Investment has not been included and a side account must be established, it will be established in the same product used by the deceased IRA owner. 3248 Page 9 of 10 G(12/o3) · · The following statements apply to all accounts: · I confirm that I am at least 18 years of age and full legal age in my state of residence. · I understand you may use and combine information concerning accounts owned by members of a primary household group to provide members of the group with paper and/or electronic statements of account(s) and certain account information. These accounts include: investment, insurance, annuity and brokerage accounts. A primary household consists of an individual, his or her spouse or domestic partner, and any accounts owned for, by, or with their unmarried children under 21 who reside at the same address. If you want to have a statement covering only accounts that you own and to not participate in household pricing, please call you American Express financial advisor, or the service 800 number on your statement. The following statements apply to Brokerage, SPS Advantage and PREMIER PORTFOLIO SERVICES, INC. accounts only:. · I authorize American Enterprise Investment Services Inc. to lend to itself or to others, either separately or in common, any holding in my account that American Express Financial Advisors may be carrying for me on margin. I understand that I may borrow against my account at the rates and terms explained in the client agreements (non-qualified accounts only). · I realize that the clearing agent, American Enterprise Investment Services Inc., will release my name, address and security position to requesting companies in which American Enterprise Investment Services Inc. holds securities for my account, unless I specify otherwise to American Express Financial Advisors. · I authorize American Enterprise Investment Services Inc. to lend to itself or to others, either separately or in common, any holding in my account that American Express Financial Advisors may be carrying for me (non-qualified accounts only). · I acknowledge that I have received the American Express Financial Advisors client agreements and agree to abide by their terms as currently in effect or as they may be amended from time to time. This account is governed by a predispute arbitration clause, which is found in Section 13 of the client agreement. I acknowledge receipt of the predispute arbitration clause. The following statements apply to IRAs: By signing this form you acknowledge the following: · I appoint American Express Trust Company as custodian of my IRA and understand that the Individual Retirement Custodial Account Agreement in "Your Guide to IRAs' and my IRA application, if applicable, comprise my custodial agreement with American Express Trust Company. · I assume ail responsibility for any tax consequences and penalties that may result from making contributions to, transactions with, or distributions from my IRA. · I acknowledge that if I executed the beneficiary designation on Form 3993, IRA Designation of Beneficiary for IRAs Held by American Express Trust Company as Custodian, my signature acknowledges my understanding that this beneficiary designation applies to all investment accounts and products held in this IRA plan. · I authorize American Express Trust Company to invest, directly or indirectly, in deposits of itself or its affiliates that bear a reasonable rate of interest to facilitate cash sweep services. Taxpayer's Identification Number to Be Used Name (on IRS Records) Associated With This Tax Number Under penalty of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number, and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. pemon (including a U.S. resident alien). You must cross out Item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. The Internal Revenue Service does not require your consent to any provision of this document other than the certifications required to avoid backup withholding. All New Owners/Fiduciaries Must Sign Here: (Signature(s) of Joint Tenant, Beneficiary, Claimant, Trustee(s), Legal Representative{s) for the Deceased's Estate or Other Fiduciarie(s) Date Signed Ix IX Team ID Servicing Advisor Signature Advisor Number iX Check one: Comp % Area Office Number Phone Number ExL ~ FS Team ID Servicing Advisor Signature Advisor Number E:D iX Comp % Area Office Number Phone Number Ext. 3248 Page 10 of 10 G (12/03) · EXHIBIT B Mutual Fund and Certificate Redemption, Exchange and/or Transfer of Investment This form should be used to request full or partial sells of client's AXP Funds or AXP Certificates held direct at fund. Do NOT use this form to request movement from an AXP Fund position held in a Brokerage or Wrap account. Do NOT use this form to request "in-kind" or same fund share transfer to Brokerage or Wrap accounts, use Form 200344. American Express' Funds American Express Certificate Company 70100 AXP Financial Center Minneapolis, MN 55474 Please print or type Section 1 -- Account Identification American Express Fund or Certificate Name Client Name Client Identification Number 001 Account Number Name of Joint Tenant (Co-owner) Client Identification Number of Joint Tenant (Co-owner) Section 2 -- Redemption Instructions (Must also complete 2B) Must return outstanding stock certificates 2A -- Redemption Amount f~om Account in Section 1 Dollars Shares Percent All $ i % [] : i ,, ~ · or or · See Section 5 if account is any IRA plan, Keogh or TSCA 2B -- Delivery Instructions or [] Send check to client(s) at address of record [] Express mail (Fee will be redeemed from the above account.) [] Wire proceeds to my bank: (Complete Sections 8 and 9 on page 3 and 4. Wire fee will be redeemed from above account.) [] Direct deposit proceeds to my bank: (Complete Sections 8 and 9 on page 3 and 4.) [] Make check payable to special payee and/or special address: CESA Ownership: Special payee is a valid member of the Coverdell Beneficiary's family. [] Yes [] No Special Payee Name Reference Number (if applicable) Street (complete mailing address) City State ZIP Code Redemptions/Transfers from American Express Certificate account: [] Redeem certificate on (date) after interest is credited [] Redeem certificate immediately [] Redeem certificate at end of term (date) F119 Page 1 of 4 · P .0 Section 3-- Exchange/Transfer Instructions from Account in Section 1 (must return outstanding stock certificates) TO: New Account Name* OR Existing Account Number** How Much in Each? ($, %, Shares) IRA Year or SEP Transfer to purchase life insurance: [] Process redemption when life policy approved [] Process redemption to life account immediately *Application must be attached: (1)if purchasing a new life or annuity account or (2)if new account has a different ownership. **If the existing account has a different ownership or TOD designation than the account in Section 1 the amount transferred will be reregistered in the same ownership as the existing account in Section 3. Section 4 -- Dividend or Interest Instructions (Complete if creating a new account in Section 3) A. Dividend/Interest Selection B. Delivery Instructions [] Reinvest [] Send check to client(s) at record address. [] Cash [] Electronically transfer to client's bank-- complete Section 9. [] Split (mutual funds only) [] Send check to special payee name and/or address listed below. [] Add to American Express Financial Advisors account number: , i ~ Attach Form 443 if appropriate. Special Payee Name Reference Number Street (complete mailing address) City State If dividend/interest payout is from IRA, Keogh, SEP, SRA or TSCA account(s), indicate federal withholding instructions in Section 5. section 5 ~ Tax:Qualified Withholding inStructiOns IRA, Plans: (Including Traditional, Rollover, Roth, SEP, SRA) Distributions from these accounts are subject to optional withholding of 10% of taxable income. We are required to withhold 10% unless you complete one of the following: [] Do Not Withhold [] Withhold % Keogh and TSCA Accounts: 20% mandatory withholding is required on most distributions. Required Minimum Distribution for Keogh and TSCA Clients over 70'£ RMD is only subject to optional 10% withholding. We are required to withhold 10% unless you complete one of the following: [] Do Not Withhold [] Withhold % Substantially Equal Periodic Payments (SEPP): Made over life. life expectancy, or for a period of 10 years or more are only subject to optional 10% withholding. We are required to withhold 10% unless you complete one of the following: [] Do Not Withhold [] Withhold % Attach Form 3996 SEPP Notification. ZIP Code ~:119 Page 2 of 4 · P (~0/031 .0 . Section 6-- Is there money systematically going into or coming out of the account in Section 17 A, Type [] Bank Authorization: B. Instructions [] Discontinue [] Systematic Payout: [] Keep on old account (Partial exchange/transfer/redemption only) [] Ltd. Partnership Distributions: [] Apply to new account Special Instructions If proceeds will be delivered to a new 529 plan account being established, and third party involvement is required to complete the delivery instructions, I understand by signing below I am authorizing American Express Financial Advisors Inc. and the designated third party involved in the transaction to share and transmit the account numbers involved as well as the information provided on this form. The third party is being asked to complete the delivery instructions in this form by providing the 529 Plan account number information (i.e. Reference number in Section 2B) and faxing this form to American Express Financial Advisors Inc. at 612-547-2640. I understand American Express Financial Advisors Inc.'s ability to (and the timing of its ability to) transfer, redeem or otherwise act on the instructions in this form is dependent upon American Express Financial Advisors Inc. receiving complete delivery instructions provided from the designated third party. The designated third party may impose additional steps, requirements or documents to meet processing requirements. Section 8-- Signatures I (We) understand that if this account is a designated side fund, it will not be changed without specific instructions. I (We) authorize the payment of the redemption proceeds to the payee (if requested). This redemption revokes any trust or TOD designation on the shares or account being redeemed. I (We) affirm the information on this form is correct and may be included in any required reports to tax or regulatory authorities. I (We) accept responsibility for determining the eligibility for any transfer and/or redemption instructions reflected in this form. I (We) agree to hold American Express Financial Advisors Inc. and its agent harmless for any and all situations arising from an ineligible or inappropriate transfer, or redemption. Is this a solicited transaction(s)? [] Yes [] No A transaction will be considered "solicited" when your American Express Advisor recommends the purchase or sale of a specific security or product. Date iX Advisor Information Servicing Advisor Signature iX Area Office Phone Number Date Advisor ID Number F]~9 Page 3 of 4 · P (10/03) Section 9 -- Wire Transfer Authorization and/or Direct Deposit Authorization [] This transaction only (Complete Section 9.) [] Permanent Authorization (To select this option: The client's bank account ownership must be identical to the AEFA account ownership.) (Complete Section 9.) I (we) authorize the Fund, any other Fund offering the telephone redemption privilege to which I (we) may later transfer, and American Express Certificate Company, to honor any request made by telephone which appears to be authentic for wire transfer(s) or direct deposit(s) from my (our) account(s). The proceeds will be credited by wiring or direct depositing (whichever I (we) may designate at the time the transfer(s) is/are requested), directly to my (our) bank account described below. I (we) understand that a fee and a wire service charge, if any, may be assessed for each redemption. I (we) acknowledge that the records of American Express Financial Corporation will be binding upon all parties and neither the Fund nor American Express Certificate Company will be liable for any loss, damage or expenses arising in connection with any direct deposit of proceeds credited through the Automated Clearing House or any similar system to credit payments or by wire transfer to the bank described below. Section 10 -- Financial Institution Information Financial Institution Account Information and Type: [] Checking (Attach voided check) [] Savings (Complete information below) [] Starter check Note: Money market accounts may be either checking or savings, check with your Financial Institution. (No wires using star~er checks) Savings Account Owner(s) Savings Account Number Financial Institution Routing Transit Number/ABA Number (9 Digits) Name of Financial Institution Bank Phone Number Extension Fl19 Page 4 of 4 · P (lo/o3) 'Estate ~lement ~orm w Brokerage · SPS Advantage · Premier Portfolio Services · Mutual Funds · Certificates · Shurgard (IRAs only) · American Express ONE Financial Account · Direct Investments (IRAs only) · Non-Oualified Accounts: · IRAs: Complete Sections 1 through 5 and 12 (Instructions on Page 2) Complete Sections 6 through 12 (Instructions on Page 6) 3248 Page 1 of 10 G (~2/03) · *Estate Settlement , rm · Non-Qualified Accounts · Brokerage ,· Certificates · Mutual Funds · Premier Portfolio Services, Inc. · SPS Advantage · American Express ONE Financial Account American Express Financial Advisors 70100 AXP Financial Center Minneapolis, MN 55474 Please read the instructions (shown below) completely before completing this form for submission to American Express. Failure to provide all required information for your claim may cause processing delays. General Instructions for All Assets: Non-Qualified: Sections 1 through 5 of this form are used to provide instructions for non-qualified assets. 0nly the accounts listed in Section 1 will be settled according to the instructions provided in Section 1 through 5 of the form. See below for specific instructions for each section, t:or IRA assets please refer to Section 6 through 11 of this form. For non-qualified direct investment accounts- REITs and Limited Partnerships, please contact the General Partner directly for instructions. IRA: Sections 6 through 11 of this form are used to provide instructions for settling an IRA to the claimant. The IRA plan(s} for which instructions are provided must be identified in Section 6 of this form. All investments held in the IRA plan(s) identified, including Limited Partnership investment and REIT accounts will be settled pursuant to the instructions on this form. tf the decedent had multiple IRA plans and the claimant would like to make different elections for each IRA plan, the claimant must complete a separate estate settlement form for each IRA plan. See Page 6 for more specific information on settling IRAs. Purpose of Form: The purpose of this form is to re-title the deceased's assets in the r~ame of the claimant. The assets must be re-titled before the claimant may make any account transaction requests. Notify American Exoress Financial Advisors of the client's death before submittinn this form. This will facilitate the f;~A~ claim payment p~Tble. · AEFA Advisors please call (888) 723-8476 menu options 1, 3,1. AEFA · Claimants and Beneficiaries please call (BOO) 862-7919 menu options 5,1 · Complete a separate Estate Settlement Form for each claimant, account ownership and type of transfer instructions. This form can be used to provide only one set of instructions. The instructions indicated in this section of the form will be applied to all accounts indicated in this section of the form. · Liquidation of Accounts This form cannot be used to request liquidation of an account. Once the assets are re-titled, the claimant may contact our office toll-free at 1-800-862-7919 to request liquidation. For at-fund proprietary mutual funds and certificates, they may attach form F119 to this form and indicate they have done so in Section 4 of the form. · Additional Service Transactions, Bank Authorizations, Dividends, Interest and Scheduled Distribution Arrangements The claimant may request these services by attaching the appropriate request form. For non-qualified accounts see Section 4 for complete instructions. · Un-cashed, Outstanding Checks Any checks issued against the deceased person's accounts may be returned to us to be re-issued to the correct payee. Checks issued after the date of death are the property of the beneficiary or claimant. Checks issued prior to the date of death are the property of the payee's estate and may be treated as an estate asset eligible for probate and distribution by the legally appointed estate representative. · Outstanding Stock Certificates If there are outstanding stock certificates issued against an at-fund proprietary mutual fond account, the certificate(s) must be returned to our corporate office before your claim can be processed. If you are unable to locate the outstanding certificates, your American Express financial advisor can assist you in submitting the appropriate loss and indemnity statements to our corporate office. You may also call 1-800-862-7919, menu options 5, 1. Each section of the form has specific instructions. If in any section of the form there is insufficient space to provide the information required, the claimant may provide that information on a separate attachment page. If an attachment page is included, it must be signed and dated by all parties who sign the Estate Settlement Form and the section of the form for which the attachment is included must have the words "see attachment" entered therein. Section 1 - Existing Account Identification Use this section of the form to identify the decedent's accounts that are affected by the instruction provided on this form. Claims will not be processed for accounts that are not listed. Section 2 - Transfer Instructions and Authorization Please use this section to identify the amount of each account being claimed that will be re-registered in the ownership of the claimant. The instructions in this section must correspond exactly to any beneficiary instruction that exists on the decedent's account(s). Sections 3, 3A, 3B and 3C - Beneficiary/Claimast Information for Non-Qualified Accounts All claimants/beneficiaries of nonqualified accounts must complete this section to provide their instructions for ownership registration. We are required by law to obtain certain personal information from you which will be used by us to verify your identity. If you do not provide us the information, we may not be able to open your account. If we are unable to verify your identity, we reserve the right to close your account or take such other steps as we deem reasonable. Section 4- Additional Requests If you have attached forms for additional requests, such as liquidation, dividend or payout arrangements, etc., you must indicate so in this section of the form. Section 5 - Supplemental Instructions for Brokerage, SPS Advantage, Premier Portfolio Services, Inc. Service and ONE Accounts This Section must be completed for claimants of Brokerage, SPS Advantage and Premier Portfolio Services, Inc. Service Accounts. If this section is not completed, processing of your claim may be delayed. Section 12- Authorization and Acknowledgements This section must be signed by all new owners and fiduciaries. If ali new owners and/or fiduciaries do not sign this section the claim will not be processed. 3248 Page 2 of 10 G {12/03) !Estate Sel~lement Form · Non-Qualified Accounts · Brokerage i Certificates · Mutual Funds · Premier Portfolio Services, Inc. · SPS Advantage · American Express ONE Financial Account American Express Financial Advisors 70100 AXP Financial Center Minneapolis, MN 55474 Please Print or Type. Account Numbers · If any there are outstanding stock certificates issued for any American Express mutual fund account listed above, they must be returned to our office for this claim to be processed. Decedent's Name Decedent's Client ID Number Decedent's Date of Death State of Residence Decedent's Social Security Number I assign subject to the approval of the Fund or IDS Certificate Company or American Enterprise Investment Services (the "Issuer"): Transaction Amount '~Aii , : 0 :~ ; ~ ; · Dollars % Percent . Shares Shares or certificate described above to person or persons named in Section 3, I irrevocably appoint American Express Financial Corporation to Transfer said securities on the books of the issuer, with full power of substitution in the premises. I affirm that the information in Section 1 and 2 of this form is correct, and may be included in any required reports to the tax or regulatory authorities. (Signature(s) of Joint Tenant, Beneficiary. Claimant, Tru.~ted~J, Legal Repr~(~,,~rt,~/~/~en~/er'F/~J~ciarie(s)~'""------., - . ~-.n - ~/./ Date Signed , x/p-"/14/4' ../,/...C//'~ ~. ~ '~"-,. ,.~ o. ~ =~ t,. ,~ ~ ~ 7 "zo, ~ o o ~ IX 3248 Page 3 of 10 6 (12103) Guidelines for Completion of Sections 3, 3A, 3B and 3C · We are required by law to obtain certain personal information from you which will be used by us to verify your identity. If you do not provide us the information, we may not be able to open your account. If we are unable to verify your identity, we reserve the right to close your account or take such other steps as we deem reasonable. ,aa This section must be completed by all new owners/claimants of Non-Qualified accounts. · For settlement of IRA Plan assets, please refer to Sections 6 through 12. aa Claimants of Non-Qualified Brokerage, SPS Advantage, PREMIER PORTFOLIO SERVICES, INC. and American Express ONE Financial Accounts must also complete Section 5 of this form. [] Individual [] Joint Tenancy (WROS) [] Tenants in Common [] Trustee-Beneficiary (certificate accts only) [] Tenants by Entirety [] Community Property [] Usufructuary/Life Tenant/Life Estate [] Guardian/Conservator/Next Friend* [] UTMA** [] Estate*** /,~ Trust**** [] Organization ..... [] Other Relationship to Decedent in Section 1 Citizenship- Check One Option: [] U.S. Citizen [] Resident Alien [] Non-Resident Alien Name as it appears in IRS Records Street Address Date of Birth Social Security Number City State Postal Code Relationship to Decedent person in Section 3A Date of Birth Citizenship- Check One Option: [] U.S. Citizen [] Resident Alien [] Non-Resident AJien Name as it appears in IRS Records Social Security Number Street Address City State Postal Code Name of Fiduciary, Estate Representative, Trustee(s), Officer(s) of Organization, UTMA Custodian, Usufruct, Life Tenant/Estate Name of Decedent, Trust, Organization, Minor, Naked Owner(s), Remaindermen Street Address Ci~ State * If a fiducia~ ownership such as Guardianship or Conse~atorship is chosen, a court ce~ified copy of the cou~ order appointing the fiducia~ must be included. '* If UTMA ownership is selected for a Minor beneficia~ or claimant, S~ial Securi~ Number for the Minor must be included. *** If Estate ownership is selected, the Taxpayer Identification Number to be used for the Estate must be included as well as cou~ ce~Jfied copy of the order appointing the representative of the estate. **** If Trust ownership is requested, the Taxpayer Identification Number to be used for the trust as well as the names of ALi trustees and the complete date of the trust must be included on this form and a copy of the title, and signature pages of the trust document must be submi~ed with this form. ..... If the assets are to be registered in the name of an orgamzation, a corporate resolution identi~ing those officers authorized to sign on behalf of the organization must be included Page 4 of 10 Taxpayer Identification Number of Claimant or Minor Date of Trust (if Trust is claimant) UTMA State (minor claimant) Postal Code For additional requests that are not included on this form, the claimant may attach the appropriate request form for processing after the death claim processing has been completed. Please review the description for each item in order to determine if you need to include it with this form and identify the appropriate items using the check-off boxes. '~ Mutual Fund and Certificate Redemption, Exchange and/or Transfer of Investment Form Fl19 This must be included if you wish to request liquidation of an at-fund proprietary mutual fund or investment certificate account after your death claim has been processed. Alternatively, for Mutual Fund, Certificate, Brokerage and SPS accounts, the new account owner may contact the corporate office by telephone to request this service after the death claim has been processed. [] Bank Authorization/Systematic Payout/Wire/Direct Deposit Request Form 200433 Use this form to request any of those services for non-brokerage accounts [] Systematic Contribution/Distribution Request Form Form 200353 Use this form to request any of those services, including Bank Authorizations and systematic payouts for brokerage accounts [] Dividend or Interest Delivery Arrangement Form F140 This form must be included to provide dividend or interest delivery instructions on new direct-at-fund proprietary mutual fund accounts and investment certificate accounts. If this form is not included, the processing defaults described below wilt be exercised: · If the assets are being transferred to a new account with a new account number, no arrangements will set up on the new account · If the assets are going to remain in the current existing account with the ownership registration changed to remove the decedent from the account, then any arrangement existing on the account will remain [] Additional Account Features Form 10528 This form is required to continue any account features on your American Express Brokerage, S'PS, SPS Advantage or ONE account [] Request to Move American Express Funds Form 200344 This form must be included to transfer shams of American Express mutual funds, currently held in dimct-at-fund accounts in-kind to an existing American Express Rrokerage account. Brokerage and SPS Advantage Accounts Only - Margin Account Agreement If you do not elect to have a margin account by checking the box below, no margin account will be provided. [] Yes, I agree to have a margin account* * By checking this box I agree that I have received the client agreement and am bound by the terms set forth in the margin agreement therein. Claimant Options - SPS Advantage Accounts Only - Check the box beside the option requested. If no option is elected, we will assume that the claimant's intention is to liquidate the account within 90 days of completion of the death claim settlement [] Claimant will hold an SPS Advantage Account and has signed and attached the SPS Advantage Service Agreement Form 23443 [] Claimant will be terminating the SPS Advantage agreement within 90 days of re-registration and agrees to the following terms: · SPS Account Termination Fee will be waived on request at the time of complete liquidation of the SPS Account within 90 days of completion of the death claim settlement · No SPS Advantage Services will be provided · Account activity will be limited to liquidations and in-kind transfers only · Claimant is responsible for submitting liquidation requests by calling 1-800-862-7919 and speaking to a trader to request liquidation or in-kind transfer of the account within 90 days of completion of the death settlement Claimant Options - Premier Portfolio Services Accounts Only - Check the box beside the option requested. [] Claimant will maintain existing account and has completed the appropriate agreement(s) [] Claimant will be completely terminating the PREMIER PORTFOLIO SERVICES agreement(s) after re-registration and agrees to the following terms: · No annual fee will be charged · No Premier Portfolio Services will be provided · Account activity will be limited to liquidations and in-kind transfers only · Claimant is responsible for submitting written instructions for liquidation or in-kind transfer of the account to our office within 90 days of completion of the death settlement. Telephone requests for liquidation or transfer of this account are not accepted. ONE High-Yield Savings Account Information Upon receipt of proof of death of any account holder(s) and receipt of complete claim requirements at our office, all assets held in the ONE High-Yield Savings account will be transferred to the American Express ONE Financial Account held by American Express Financial Advisors Inc., and will be settl~,d to any beneficiaries, heirs or claimants as part of the cash position of the American Express ONE Financial Account. 3248 Page 5 of 10 G (12/03) ".Estate Settlement Form · , Custodial IRA Plans · Brokerage · SPS Advantage · Shurgard · Mutual Funds · Certificates · Premier Portfolio Services, Inc. · Direct investment Account - Limited Partnerships and REITs American Express Financial Advisors 70100 AXP Financial Center Minneapolis, MN 55474 Please read the instructions (shown below) completely before completing this form for submission to American Express. Failure to provide ali required information required for your claim may cause processing delays. General Instructions Notify American Express Financial Advisors of the IRA owner's death before submitting this form. This will facilitate the fastest claim payment possible. · AEFA Advisors please call (888) 723-8476 menu options 1, 3, 1. AEFA · Claimants and Beneficiaries please call (800) 862-7919 menu options 5, 1 · IRA Required Minimum Distribution (RMD) If the decedent had reached his or her Required Beginning Date (RBD) and has not yet taken their Required Minimum Distribution (RMD), please contact our office for additional instructions before completing this form. · Complete a separate Estate Settlement Form for each claimant, account ownership and type of transfer instructions. The instructions elected in Section 6 of the form will be applied to ali accounts in the IRA Plan(s) indicated. If a claimant is a beneficiary of multiple IRA plans and wishes to provide different instructions for each IRA plan, he/she must complete a separate Estate Settlement Form for each IRA. · Liquidation of Accounts This form cannot be used to request a distribution from an IRA. This form can only be used to re-register the ownership of the iRA. Claimants wishing to take distributions after completion of the death claims settlement may do so by contacting our office toll-free at 1-800-862-7919, or for proprietary mutual funds and certificates, they may attach the appropriate liquidation request form to this Estate Settlement Form and indicate they have done so in Section 10 of the form. · Additional Service Transactions, Bank Authorizations, Dividends, Interest and Scheduled Distribution Arrangements These services cannot be requested using this form. However, the claimant may request a scheduled distribution arrangement by completing form 200433 and/or Form indicating they have done so in Section 10 of the form. · Un-cashed, Outstanding Checks Any checks issued against the deceased person's IRA may be returned to us to be re-issued to the correct payee. Checks issued after the date of death are the property of the beneficiary or claimant. Checks issued prior to the date of death are the property of the decedent's estate and may be treated as an estate asset eligible for probate and distribution by the legally appointed estate representative. · Accounts involving a deceased fiduciary, such as a court-appointed Guardian, Trustee, Custodian, Controller, etc. While the ownership of these accounts does not need to be changed because the actual owner is not deceased, it is still necessary to complete the Estate Settlement form to update the registration of the accounts to indicate any change in the identity of the person(s) in the fiduciary role. Each section of the form has specific instructions. If there is insufficient space to provide the information required, the claimant may provide that information on a separate attachment page. If an attachment page is included, it must be signed and dated by the claimant(s) and the section of the form for which the attachment is included must have the words "see attachment" entered therein. Section 6 - Existing IRA Plan Identification Use this section of the form to identify the decedent's IRA Plans for which instructions are provided on this form. Instructions provided on this form apply to all accounts held in the IRA Plan(s) identified on this form. Section 7 - Claimant Information - IRAs Ail beneficiaries of IRA plan accounts must complete this section to provide their instructions for ownership registration. We are required by law to obtain certain personal information from you which will be used by us to verify your identity. If you do not provide us the information, we may not be able to open your account. Jf we are unable to verify your identity, we reserve the right to close your account or take such other steps as we deem reasonable. Section 8 - Settlement Options for IRAs All beneficiaries of IRA plan accounts must complete this section to provide their instructions for ownership registration Section 9 - IRA Fee Information Statement of Administrative and Custodial fees for IRAs Section 10 - Additional Requests If you have attached forms for additional requests, such as liquidation, dividend or payout arrangements, etc., you must indicate so in this section of the form. Section 11 - Supplemental Instructions and Information for Brokerage, SPS Advantage, Premier Portfolio Services and Direct Investment Accounts This Section must be completed for claimants of Brokerage, SPS Advantage, Premier Portfolio Services and Direct Investment accounts. If this section is not completed, processing of your claim may be delayed. Section 12- Authorization and Acknowledgements This section must be signed by all new owners and fiduciaries. If all new owners and fiduciaries do not sign this section, your claim will not be processed. 3248 Page 6 of 10 G (12/03) Estate Settlement Form ,, Custodial IRA Plans · Brokerage .. SPS Advantage - Shurgard · Mutual Funds · Certificates · Premier Portfolio Services, Inc. · Direct Investment Account - Limited Parmerships and REITs American Express Financial Advisors 70100 AXP Financial Center Minneapolis, MN 55474 Please Print or Type. · List one account number below from each IRA Plan to be settled according to the instructions provided on this form. · If you are the beneficiary for multiple IRA plans owned by the decedent and you wish to provide different settlement instructions for each IRA plan, you must submit those instructions for each IRA Plan on a separate Estate Settlement Form. · All accounts in the IRA plans identified on this form will be settled according to the single instructions indicated on this form whether or not those specific account numbers are listed. · Identify the IRA Plan(s) being settled according to the instructions provided on this form by placing a check mark or "X" in the box corresponding to the IRA Plan types listed below: [] Traditional (Active) IRA [] SIMPLE (SRA) [] Inherited (Beneficial/Deceased) IRA- All Types [] SEP IRA [] Rollover (Segregated) IRA [] Roth Contributory IRA [] Roth Conversion IRA Identify at least one account number from each IRA Plan type identified above Account Numbers Deceased's Name Deceased's Client ID Number Deceased's Date of Death State of Residence Deceased's Social Security Number Guidelines for Completion of Section 7 - Must be completed by all new owners/claimants of IRA Plan accounts. · We are required by law to obtain certain personal information from you which will be used by us to verify your identity. If you do not provide us the information, we may not be able to open your account. If we are unable to verify your identity, we reserve the right to close your account or take such other steps as we deem reasonable. · For Non-Qualified Accounts refer to Page 4 of this form · If the decedent's IRA held a Brokerage, SPS, Premier Portfolio or Direct Investment account you must review and complete Section 11 of this form. · If Trust ownership is requested, the Taxpayer Identification Number to be used for the account as well as the names of All Trustees must be included as well as the complete date of the trust and a copy of the title and signature pages of the trust document. · If a fiduciary ownership such as Guardianship, Conservator or Estate is chosen, a certified copy of the court order appointing the fiduciary must be included. · If Estate ownership is selected, the Taxpayer Identification Number to be used for the Estate must be included. · If the assets are to be registered in the name of an organization, a corporate resolution identifying those officers authorized to sign on behalf of the organization must be included. · If UTMA ownership is selected for a Minor beneficiary or claimant, Social Security Number for the Minor must be included. Citizenship - Check One Option: Date of Birth [] U.S. Citizen [] Resident Alien :: : F-I Non-Resident Alien Taxpayer Identification Number Claimant/Beneficiary Information Relationship to Decedent in Section 1 , : . Name as It Appears in IRS Records ! Name of Guard an, Conservator, Custodian, Controller, Trustee(s), and Estate Representative as Appropriate to the Ownership Registration Street Address Date of Trust (if Trust is claimant) UTMA State (minor claimant) City State Postal Code 3248 Page 7 of 10 G (12/o3) · Identify whether or not the decedent had reached his or her Required Beginning Date (RBD). The Required Beginning Date for IRA distributions is April 1st of the year following the year the decedent turned 70S years old. Did the decedent die prior to the Required Beginning Date? [] YES [] NO [] Roll to Your Own IRA Transfer my entire portion of the IRA Plan assets to my own IRA. I have attached IRA new account application, Form 200292*. I understand that required distributions from my IRA must begin by my Required Beginning Date. * Not required if you already have a non-brokerage custodial IRA with American Express Trust Company as Custodian. [] Life Expectancy Payments Transfer my entire portion of the IRA Plan assets to an Inherited IRA for my benefit. I understand that required distributions must beginl~y the later of December 31 of the year following the decedent's death, or December 31 of the year the Decedent would have attained 70/2 years of age. I have also included IRA Beneficiary Form 3993. [] Five Year Rule* (Available only if decedent did not reach his or her Required Beginning Date) Transfer my entire portion of the deceased's IRA assets into an inherited IRA for my benefit. I understand that if I elect this option, I must withdraw the entire balance by December 31 of the fifth year after the IRA owner's death. I have also included IRA Designation of Beneficiary Form 3993. * This election is irrevocable as of the earlier of: (a) December 31 of the year the IRA owner would have a~tained age 7~,~years of age (b) December 31 of the year that contains 5th anniversary of the death of the IRA owner [] Life Expectancy Payments Transfer my entire portion of the IRA Plan assets to an Inherited IRA for my benefit. I understand that required distributions must begin by December 31 of the year following the decedent's death. I have also included IRA beneficiary Form 3993. [] Five-Year Rule* (Available only if decedent did not reach his or her Required Beginning Date) Transfer my entire portion of the deceased's IRA Plan assets into an inherited IRA Plan for my benefit. I understand that if I elect this option, I must withdraw the entire balance by December 31 of the fifth year after the IRA owner's death. I have also included IRA Designation of Beneficiary Form 3993. * This election is irrevocable as of December 31 of the year following the year of the IRA owner's death. [] Life Expectancy Payments (Required if decedent reached his or her Required Beginning Date) Transfer my entire portion of the IRA Plan assets to an Inherited IRA Plan for my benefit. I understand that required distributions must begin no later than December 31 of the year following the decedent's death. I have also included IRA Beneficiary Form 3993. [] Five-Year Rule (Required if decedent did not reach his or her Required Beginning Date) Transfer entire portion of the deceased's IRA Plan assets into an inherited IRA Plan. I understand that if I elect this option, I must withdraw the entire balance by December 31 of the fifth year after the IRA owner's death. [] Check here if you are the beneficiary of an Inherited IRA Required distributions from an inherited IRA must continue in the year following the year of the inherited IRA owner's death. [] Look-Through Trust If you are claiming this IRA on behalf of a trust and wish to take advantage of the IRS "look through" rules for trusts (IRS Reg. §1.401(a)(9)- 4, Q & A -6), complete and attach Form 200475. 3248 Page8of 10 G {12/03) I~ IRAs are charged an annual Custodial Fee and may also be charged an IRA Plan Termination Fee. Please refer to the publication "Your Guide to IRAs", available from your American Express financial advisor. For additional requests that are not included on this form, the claimant may attach the appropriate request form for processing after the death claim processing has been completed. Please review the description for each item in order to determine if you need to include it with this form and identify the items you have included using the check-off boxes. []Look-through Trust Documentation Form for IRAs Form 200475 This form is required if the beneficiary of the IRA is a Trust and the Trustee would like to take advantage of the "Look-Through" rules. [] IRA Designation of Beneficiary for IRAs Held by American Express Trust Company as Custodian Form 3993 If you wish to designate a beneficiary, complete the form and attach to this Estate Settlement Form. [] Mutual Fund and Certificate Redemption, Exchange and/or Transfer of Investu~ent Form Fl19 This must be included if you wish to request liquidation of at-fund proprietary mutual fund or investment certificate account after your death claim has been processed. Altarnativeiy, for Mutual Fund, Certificate, Brokerage and SPS accounts, the new account owner may contact the corporate office by telephone to request this service after the death claim has been processed. [] Dank Authorization/Systematic Payout/VVire/Diract Deposit Request Form 200433 Use this form to request any of those services for non-brokerage accounts. [] Dividend or Interest Delivery Arrangement Form F140 This form must be included to provide dividend or interest delivery instructions on new direct-at-fund proprietary mutual fund accounts and investment certificate accounts. If this form is not included, one of the two processing defaults described below will be exercised: · If the assets are being transferred to a new account with a new account number, no arrangements will set up on the new account. · If the assets are going to remain in the current existing account with the ownership registration changed to remove the decedent from the account, then any arrangement existing on the account will remain. [] Additional Account Features Form 10528 This form is required to continue any account features on your American Express Brokerage, SPS, SPS Advantage or ONE account. [] Request to Move American Express Funds Form 200344 This form must be included to transfer shares in-kind of American Express mutual funds, currently held in direct-at-fund accounts to an existing American Express Brokerage account. [] Change of Side Account Designation for Limited Partnership/REIT Investment Form F246 This form is used to set up, discontinue or change Side Account Designations for Limited Partnership/REIT investments. If this form is not included we will default to the side fund designated for the deceased IRA owner. Claimant Options - SPS Advantage Accounts Only - Check the box beside the option requested. If no option is elected, we will assume that the claimant's intention is to liquidate the account within 90 days of completion of the death claim settlement [] Claimant will hold an SPS Advantage Account and has signed and attached the SPS Advantage Service Agreement Form 23443 [] Claimant will be terminating ~he SPS Advantage agreement within 90 days of re-registration and agrees to the following terms: · SPS Account Termination Fee will be waived on request at the time of complete liquidation of the SPS Account within 90 days of completion of the death claim settlement · No SPS Advantage Services will be provided · Account activity will be limited to liquidations and in-kind transfers only · Claimant is responsible for submitting liquidation requests by calling 1-800-862-7919 and speaking to a trader to request liquidation or in-kind transfer of the account within 90 days of completion of the death settlement Claimant Options - Premier Podolio Services Accounts Only - Check the box beside the option requested. [] Claimant will maintain existing account and has completed the appropriate agreement(s) [] Claimant will be completely terminating the PREMIER PORTFOLIO SERVICES agreement(s) after re-registration and agrees to the following terms: · No annual fee will be charged · No Premier Portfolio Services will be provided · Account activity will be limited to liquidations and in-kind transfers only · Claimant is responsible for submitting written instructions for liquidation or in-kind transfer of the account to our office within 90 days of completion of the death settlement. Telephone requests for liquidation or transfer of this account are not accepted. Additional Information for Direct Investment Accounts - Limited Partnership Investments and REITs · All Direct investment accounts - limited partnerships and REITs held in the decedent's IRA will be settled pursuant to the instructions included on this form unless not allowed by the General Partner. · All Shurgard limited partnership investments accounts will be Settted to an American Express Brokerage account. · If Form F246, Change of Side Account Designation for Limited Partnership/REIT Investment has not been included and a side account must be established, it will be established in the same product used by the deceased IRA owner. 3248 Page 9 of 10 G (12/03) · The following statements apply to all accounts: · I confirm that t am at least 18 years of age and full legal age in my state of residence. · I understand you may use and combine information concerning accounts owned by members of a primary household group to provide members of the group with paper and/or electronic statements of account(s) and certain account information. These accounts include: investment, insurance, annuity and brokerage accounts. A primary household consists of an individual, his or her spouse or domestic partner, and any accounts owned for, by, or with their unmarried children under 21 who reside atthe same address. If you want to have a statement covering only accounts that you own and to not participate in household pricing, please call you American Express financial advisor, or the service 800 number on your statement. The following statements apply to Brokerage, SPS Advantage and PREMIER PORTFOLIO SERVICES, INC. accounts only: · I authorize American Enterprise Investment Services Inc. to lend to itself or to others, either separately or in common, any holding in my account that American Express Financial Advisors may be carrying for me on margin. I understand that I may borrow against my account at the rates and terms explained in the client agreements (non-qualified accounts only). · I realize that the clearing agent, American Enterprise Investment Services Inc., will release my name, address and security position to requesting companies in which American Enterprise Investment Services Inc. holds securities for my account, unless I specify otherwise to American Express Financial Advisors. · 1 authorize American Enterprise Investment Services Inc. to lend to itself or to others, either separately or in common, any holding in my account that American Express Financial Advisors may be carrying for me (non-qualified accounts only). · I acknowledge that I have received the American Express Financial Advisors client agreements and agree to abide by their terms as currently in effect or as they may be amended from time to time. This account is governed by a predispute arbitration clause, which is found in Section 13 of the client agreement. I acknowledge receipt of the predispute arbitration clause. The following statements apply to IRAs: By signing this form you acknowledge the following: · 1 appoint American Express Trust Company as custodian of my IRA and understand that the Individual Retirement Custodial Account Agreement in "Your Guide to IRAs" and my IRA application, if applicable, comprise my custodial agreement with American Express Trust Company. · I assume all responsibility for any tax consequences and penalties that may result from making contributions to, transactions with, or distributions from my IRA. · I acknowledge that if I executed the beneficiary designation on Form 3993, IRA Designation of Beneficiary for IRAs Held by American Express Trust Company as Custodian, my signature acknowledges my understanding that this beneficiary designation applies to all investment accounts and products held in this IRA plan. · I authorize American Express Trust Company to invest, directly or indirectly, in deposits of itself or its affiliates that bear a reasonable rate of interest to facilitate cash sweep services. Taxpayer's Identification Number to Be Used Name (on IRS Records)Associated With This Tax Number ..... ................ · Under penalty of perjury, I certify that: 1, The number shown on this form is my correct taxpayer identification number, and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am u U.S. person (including a U.S. resident alien). You must cross out Item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. The Internal Revenue Service does not require your consent to any prevision of this document other than the certifications required to avoid backup withholding. All New Owners/Fiduciaries Must Sign Here: (Signature(s) of Joint T..e~m)t, Bene_ficia_ry,.,Gteimant, Tr.,uste~ IX Team ID Servicing Advisor Signature Advisor Number iX Check one: Comp % Area Office Number Phone Number Ext. [] FS Team ID Servicing Advisor Signature Advisor Number iX Comp % Area Office Number Phone Number Ext. 3248 Page 10 of 10 G (t2/03) O Mutual Fund and Certificate I edeml ion, Exchange ;and/or Transfer of Investment This form should be used to request full or partial sells of client's AXP Funds or AXP Certificates held direct at fund. Do NOT use this form to request movement from an AXP Fund position held in a Brokerage or Wrap account. Do NOT use this form to request "in-kind" or same fund share transfer to Brokerage or Wrap accounts, use Form 200344. American Express' Funds American Express Certificate Company 70100 AXP Financial Center Minneapolis, MN 55474 Ptease print or type Section 1 m Account Identification American Express Fund or Certificate Name Client Name Client Identification Number " 001 Account Number Name of Joint Tenant (Co-owner) Client Identification Number of Joint Tenant (Co-owner) Section 2 m Redemption Instructions (Must also complete 2B) Must return outstanding stock certific/,tes 2A ~ Redemption Amount from Account in Section 1 Dollars Shares Percent All $ ~ . % ........ i · · L,,~ or or · See Section 5 if account is any IRA plan, Keogh or TSCA _.Send check to client(s) at address of record or Express mail (Fee will be redeemed from the above account.) [] Wire proceeds to my bank: (Complete Sections 8 and 9 on page 3 and 4. Wire fee will be redeemed from above account.) [] Direct deposit proceeds to my bank: (Complete Sections 8 and 9 on page 3 and 4.) [] Make check payable to special payee and/or special address: CESA Ownership: Special payee is a valid member of the Coverdell Beneficiary's family. [] Yes [] No ~t~cial P~e Name Reference Number (if applicable) Street (complete mailing address) Cit,/ State ZIP Code Redemptions/Transfers from American Express Certificate account: [] Redeem certificate on (date) after interest is credited [] Redeem certificate immediately [] Redeem certificate at end of term (date) F119 Page 1 of 4 · P (70/03l Section 3 -- Exchange/Transfer Instructions from Account in Section 1 (must return outstanding stock certificates) TO: New Account Nome* OR Existing Account Number** How Much in Each? ($, %, Shares) IRA Year or SEP Transfer to purchase life insurance: [] Process redemption when life policy approved [] Process redemption to life account immediately *Application must be attached: (1) if purchasing a new life or annuity account or (2) if new account has a different ownership. **If the existing account has a different ownership or TOD designation than the account in Section 1 the amount transferred will be reregistered in the same ownership as the existing account in Section 3. Section 4 -- Dividend or Interest Insb'uctions (Complete if creating a new account in Section 3) A. Dividend/Interest Selection [] Reinvest [] Cash [] Split (mutual funds only) Special Payee Name B. Delivery Instructions [] Send check to client(s) at record address. [] Electronically transfer to client's bank -- complete Section 9, [] Send check to special payee name and/or address listed below. [] Add to American Express Financial Advisors account number: Attach Form 443 if appropriate. Reference Number Street (complete mailing address) City State ZIP Code If dividend/interest payout is from IRA, Keogh, SEP, SRA or TSCA account(s), indicate federal withholding instructions in Section 5. sectio. 5. ~:'au'~iifi'~ Withholding Instructions ....................................... IRA, Plans: (Including Traditional, Rollover, Roth, SEP, SRA) Distributions from these accounts are subject to optional withholding of 10% of taxable income. We are required to withhold 10% unless you complete one of the following: [] Do Not Withhold [] Withhold · Keogh and TSCA Accounts: 20% mandatory withholding is required on most distributions. Required Minimum Distribution for Keogh and T$CA Clients over 70~ RMD is only subject to optional 10% withholding. We are required to withhold 10% unless you complete one of the following: [] Do Not Withhold [] Withhold % Substantially Equal Periodic Payments (SEPP): Made over life, life expectancy, or for a period of 10 years or more are only subject to optional 10% withholding. We are required to withhold 10% unless you complete one of the following: [] Do Not Withhold [] Withhold % Attach Form 3996 SEPP Notification. F719 Page 2 of 4 · P (10/03) Section 6-- Is there money systematically going into or coming out of the account in Section 17 A. Type [] Bank Authorization: B. Instructions [] Discontinue [] Systematic Payout: [] Keep on old account (Partial exchange/transfer/redemption only) [] Ltd. Partnership Distributions: [] Apply to new account Special Instructions Section 7 -- Redemptions to 529 Plans only If proceeds will be delivered to a new 529 plan account being established, and third party involvement is required to complete the delivery instructions, I understand by signing below I am authorizing American Express Financial Advisors Inc. and the designated third party involved in the transaction to share and transmit the account numbers involved as well as the information provided on this form. The third party is being asked to complete the delivery instructions in this form by providing the 529 Plan account number information (i.e. Reference number in Section 2B) and faxing th'is form to American Express Financial Advisors Inc. at 612-547-2640. I understand American Express Financial Advisors Inc.'s ability to (and the timing of its ability to) transfer, redeem or otherwise act on the instructions in this form is dependent upon American Express Financial Advisors Inc. receiving complete delivery instructions provided from the designated third party. The designated third party may impose additional steps, requirements or documents to meet processing requirements. Section 8-- Signatures I (We) understand that if this account is a designated side fund, it will not be changed without specific instructions. I (We) authorize the payment of the redemption proceeds to the payee (if requested). This redemption revokes any trust or TOD designation on the shares or account being redeemed. I (We) affirm the information on this form is correct and may be included in any required reports to tax or regulatory authorities. I (We) accept responsibility for determining the eligibility for any transfer and/or redemption instructions reflected in this form. I (We) agree to hold American Express Financial Advisors Inc. and its agent harmless for any and all situations arising from an ineligible or inappropriate transfer, or redemption. Is this a solicited transaction(s)? [] Yes [] No A transaction will be considered "solicited" when your American Express Advisor recommends the purchase or sale of a specific security or product. iX iX Date ' Advisor information ........................ Servicing Advisor Signature LX Area Office Phone Number Advisor fEI Number Fl19 Page 3 of 4 · P(lO/03) Section 9-- Wire Transfer Authorization and/or Direct Deposit Authorization [] This transaction only (Complete Section 9.) [] Permanent Authorization (To select this option: The client's bank account ownership must be identical to the AEFA account ownership,) (CompJete Section 9.) I (we) authorize the Fund, any other Fund offering the telephone redemption privilege to which I (we) may later transfer, and American Express Certificate Company, to honor any request made by telephone which appears to be authentic for wire transfer(s) or direct deposit(s) from my (our) account(s). The proceeds will be credited by wiring or direct depositing (whichever I (we) may designate at the time the transfer(s) is/are requested), directly to my (our) bank account described below. I (we) understand that a fee and a wire service charge, if any, may be assessed for each redemption. I (we) acknowledge that the records of American Express Financial Corporation will be binding upon all parties and neither the Fund nor American Express Certificate Company will be liable for any loss, damage or expenses arising in connection with any direct deposit of proceeds credited through the Automated Clearing House or any similar system to credit payments or by wire transfer to the bank described below. SeCtim~ io'~'Financial institution info~afio~ Financial Institution Account Information and Type: [] Checking (Attach voided check) [] Savings (Complete information below) [] Starter check Note: Money market accounts may be either checking or savings, check with your Financial Institution. (No wires using starter checks) Savings Account Owner(s) Savings Account Number . Financial Institution Routing Transit Number/ABA Number (9 Digits) Name of Financial Institution Bank Phone Number Extension Fl19 Page 4 of 4 0 P (I0/031 BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION DEPT. 280601 HARRISBURG, PA Z71ZS-0601 COMMONWEALTH OF PENNSYLVANTA DEPARTMENT OF REVENUE INHERITANCE TAX STATEHENT OF ACCOUNT REV-I$07 EX &FP (01-03) EDWARD L SCHORPP'04 ,~* 2~ MARTSON ETAL 10 E HIGH ST CARLISLE ~.~ PA 17015 DATE 10-12-ZOOq ESTATE OF WARNER DATE OF DEATH 09-Z7-2005 FILE NUHBER 21 0~-0588 COUNTY CUMBERLAND ACM 101 Amoun~ Remi~ed JAN L HAKE CHECK PAYABLE AND REHZT PAYHENT TO: REGISTER OF WILLS CUHBERLAND CO COURT HOUSE CARLISLE, PA 17015 NOTE: To insure proper crmdi~ ~o your account, subm/~: ~he upper por~:ion of ~his form wi~h your ~ax payment:. CUT ALONG TH:iS LZNE ~ RETA:[N LOWER PORTZON FOR YOUR RECORDS -~ REV-1607 EX AFP (01-03) ~ INHERITANCE TAX STATEMENT OF ACCOUNT ESTATE OF WARNER JAN L FILE NO. 21 0~-0588 ACN 101 DATE 10-12-200q THIS STATEMENT IS PROVIDED TO ADVISE OF THE CURRENT STATUS OF THE STATED ACM IN THE NAMED ESTATE. SHONN BELON IS A SUNHARY OF THE PR/NC/PAL TAX DUE, APPLICATION OF ALL PAYHENTS, THE CURRENT BALANCE, AND, IF APPLICABLE, A PROJECTED INTEREST FIGURE. DATE OF LAST ASSESSMENT OR RECORD ADJUSTMENT: 08-$0-200~ PRINCIPAL TAX DUE: ........................................................................................................................................................................................................................... PAYMENTS (TAX CREDITS): 155.96 PAYMENT RECEIPT DISCOUNT (+) DATE NUMBER INTEREST/PEN PAID (-) AMOUNT PAID 08-$1-200~ CDOO~$Z~ .96- 135.12 IF PAID AFTER THIS DATE, SEE REVERSE SIDE FOR CALCULATION OF ADDITIONAL INTEREST. ( ZF TOTAL DUE ZS LESS THAN $1, NO PAYMENT ZS REQUIRED. ZF TOTAL DUE ZS REFLECTED AS A "CREDIT" (CR), TOTAL TAX CREDIT BALANCE OF TAX DUE INTEREST AND PEN. TOTAL DUE YOU HAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS. 15~.16 .20CR .00 .ZOCR PAYMENT: Detach the top portion of this Notice and submit with your payment made payable to the name and address printed on the reverse side. -- If RES[BENT DECEDENT make check or money order payable to: REGISTER OF WILLS, AGENT. -- If NON-RES[BENT DECEDENT make check or money order payable to: COMMONWEALTH OF PENNSYLVANIA. REFUND (CA]: A refund of a tax credit, which was not requested on the Tax Return, may be requested by completing an "AppIication for Refund of Pennsylvania Inheritance and Estate Tax" (REV-ISIS). Applications ara available at the Office of the Register of NiLls, any of the Z5 Revenue Bistrict Offices or from the Department's Z4-hour ensnaring service for fores ordering: 1-800-36Z-Z050~ services for taxpayers with specie! hearing and / or speaking needs: 1-800-447-30Z0 (TT onLy). REPLY TO: guastions regarding errors contained on this notice should ba addressed to: PA Department of Revenue, Bureau of [ndividuaI Taxes, ATTN: Post Assessment Review Unit, Dept. Z8060I, Harrisburg, PA I7[Z8-060I, phone (717) 787-6505. DISCOUNT: If any tax due is paid within three [3) calendar months after the decadant's daath~ a five percent (5X) discount of the tax paid is aiIowsd. PENALTY: The 15Z tax amnesty non-participation penaZty is computed on the totaI of the tax and interest assessed, and not paid before January Z8, I996, the first day after the end of the tax amnesty period. INTEREST: Interest is charged beginning with first day of delinquency, or nine (9) months and one EX) day from the date of death, to the date of payment. Taxes which became deIinquent before January I, [982 bear interest at the rate of six (6X) percent per annum caIcuIated at a daily rate of .000[64. Ali taxes which became deIinquent on and after January I, 1982 will bear interest at a rate which wilI vary from caIandar year to calendar year with that rate announced by the PA Department of Revenue. The applicable interest rates for I982 through 2004 are: Interest Daily Interest Daily Interest Daily Year Rate Factor Year Rate Factor Year Rate Factor 198Z lOX .000548 1988-1991 llZ .go050[ ZOO[ 9Z .000247- 1983 16X .000438 199Z 9X .000247 ZOOZ 62 .000164 1984 llX .000301 1993-1994 72 .00019Z ZOO5 52 .000157 1985 152 .000356 1995-1998 92 .000Z47 Z004 4X .000110 1986 lB[ .000274 1999 7Z .O0019Z 1967 9X .000247 2000 8X .000219 --Interest is calculatad as follows: INTEREST = BALANCE OF TAX UNPAID X NUNBER OF DAYS DELINQUENT X DALLY INTEREST FACTOR --Any Notice issued after the tax becomes delinquent will reflect an interest calculation to fifteen (153 days beyond the date of the assessment. If payment is made after the interest computation date shown on the Notice, additional interest must be calculated. '-...UlllUeLJ.dIlQ LOUm:y - J:<.eglster at Wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 6/06/2005 ROGERS ELYSE E 415 FALLOWFIELD ROAD SUITE 102 CAMP HILL, PA 17011-4906 RE: Estate of O'BRIEN JANET M File Number: 2003-00588 Dear Sir/Madam: It has come to my attention that you have not filed the Status Report by Personal Representative (Rule 6.12) in the above captioned estate. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. I, for decedents dying on or after July I, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 7/03/2005 Your prompt attention to this matter will be appreciated. Thank You. Sincerely, ~I'~~AJ~ GLENDA FARNER STRASBAUGH REGISTER OF WILLS cc: File Personal Representative(s) Judge cd - Register of Wills of Cumberland County STATUS REPORT UNDER RULE 6.12 Name of Decedent: Janet M. 0' Brien Date of Death: July 3, 2003 Estate No.: 2003-00588 Pursuant to Rille 6.12 of the Supreme Court Orphans' Court Rilles, 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 0 No ~ 2', If the answer is No, state when the personal representative reasonably believes that the administration will be complete: August 31, 2005 3. If the answer to No, 1 is Yes, state the following: a. Did the personal representative file a :final account with the Court? Yes 0 No 0 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 pa.."iies in interest? Yes 0 No 0 Date: c. Copies of receipts, releases, joinders and approval offarmal or informal accounts may be filed with the Clerk ,of the Orphans' Court and may be 61lDI05 attached to tbisreport _ _ _ _ _ _ ~. ~ReitZel'Vice President . .:) Hershey Trust Canpany Name 100 Mansion Road, P.O. Box 445, Hershey, PA 17033 Address 717-520-1109 Telephone No. Capacity: rn Personal Representative o Counsel for personal representative ~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ORPHANS' COURT DIVISION First And Final Account FIRST AND FINAL ACCOUNT OF Hershey Trust Company, Executor .> For ESTATE of JANET M. O'BRIEN, Deceased No. 0588 of 2003 Stated by HERSHEY TRUST COMPANY, Executor Date of Death: Date of Executor's Appointment: Advertisement of the Grant of Letters: Accounting for the Period: July 3, 2003 July 22, 2003 August 26,2003 July 21 , 2003 to September 15, 2005 Purpose of Account: Robert K. Reitzel, Vice President and Trust Officer, Hershey Trust Company, offers this account to acquaint interested parties with the transactions that have occurred during their administration. The account also indicates the proposed distribution of the estate. It is important that the account be carefully examined. Requests for additional information or questions or objections can be discussed with: Robert K. Reitzel Vice President and Trust Officer Hershey Trust Company P.O. Box 445 Hershey, PA 17033 (717) 520-1109 SUMMARY OF ACCOUNT Fiduciary Current Acquisition Page Value Value Proposed Distributions to Beneficiaries 13 $16,449.67 $16,449.67 Principal Receipts 2 $315,333.90 Net Gain (or Loss) on Sales or Other Dispositions 2 -.3 9,052.43 324,386.33 Less Disbursements: Debts of Decedent 4 $86,807.19 Funeral Expenses 4 10,134.47 Family Exemption 4 0.00 Administration Expenses 4-5 12,460.76 Federal and State Taxes 5 8,251.00 Fees and Commissions 5 23,720.00 141,373.42 Balance before Distributions $183,012.91 Distributions to Beneficiaries 6 167,951.00 Principal Balance on Hand 7 $15,061.91 For Information: Investments Made 7-9 Changes in Investment Holdings 9 Income Receipts 10-11 $2,005.45 Less Disbursements 12 129.27 Balance Before Distributions $1,876.18 Distributions to Beneficiaries 12 640.42 Income Balance on Hand 12 1,235.76 Combined Balance on Hand $16,297.67 1 RECEIPTS OF PRINCIPAL Assets Listed in Inventory, per copy attached 07/05/2003 11/18/2003 01/08/2004 01/15/2004 05/18/2004 06/08/2004 1 0/07/2004 Various Receipts Subsequent to Inventory: PSECU - A TM rebate Erie Insurance Group - partial reimbursement of auto insurance premium BSI Financial Services - refund of escrow balance PPL Electric Utilities - refund US Treasury - individual income tax refund PA Department of Revenue - inheritance tax refund PEBTF - medical insurance reimbursements Dividends transferred from income for reinvestment 1.76 74.00 941 .43 12.80 3,615.00 75.56 199.99 640.42 Fiduciary Acquisition Value $309,772.94 5,560.96 Total Receipts of Principal $315,333.90 2 Gain Loss 08/29/2003 953.289 shs Liberty Select Value Fund Net Proceeds $20,028.60 Fiduciary Acquisition Value 19,418.50 $610.10 08/29/2003 1,230.991 shs Van Kampen Growth & Income Fund Net Proceeds $19,708.17 Fiduciary Acquisition Value 19,498.90 $209.27 08/29/2003 378.586 shs Washington Mutual Investment Fund Net Proceeds $9,812.95 Fiduciary Acquisition Value 9,763.73 $49.22 10/21/2003 1999 Toyota Corolla Sedan Net Proceeds $5,130.00 Fiduciary Acquisition Value 5,130.00 $0.00 GAINS AND LOSSES ON SALES OR OTHER DISPOSITIONS 12/18/2003 Residential Real Estate 321 Cascade Road Mechanicsburg, PA Net Proceeds $111,769.22 Fiduciary Acquisition Value 111,769.22 $0.00 08/04/2004 5,823.524 shs AXP Partners Value Fund Net Proceeds $28,709.97 Fiduciary Acquisition Value 24,931.14 $3,778.83 08/04/2004 1,151.867 shs AXP New Dimensions Fund Net Proceeds $25,945.23 Fiduciary Acquisition Value 24,845.77 $1,099.46 08/04/2004 1,772.777 shs AXP Equity Select Fund Net Proceeds $19,943.74 Fiduciary Acquisition Value 18,738.25 $1,205.49 08/04/2004 5,570.022 shs AXP Strategy Fund Net Proceeds $21,054.68 Fiduciary Acquisition Value 19,717.88 $1,336.80 08/04/2004 1,876.183 shs AXP Short Duration US Government Fund Net Proceeds $9,043.20 Fiduciary Acquisition Value 9,246.59 ($203.39) 08/04/2004 1,897.743 shs AXP Diversified Bond Fund Net Proceeds $9,128.14 Fiduciary Acquisition Value 9,331.09 ($202.95) 08/04/2004 55.48 shs AXP Insured Tax Exempt Fund Net Proceeds $300.15 Fiduciary Acquisition Value 310.86 ($10.71) 08/04/2004 884.295 shs AXP New Dimensions Fund Net Proceeds $19,825.89 Fiduciary Acquisition Value 18,645.58 $1,180.31 Total Gains and Losses Less Losses $9,469.48 (417.05) ($417.05) $9,052.43 Net Gain 3 DISBURSEMENTS OF PRINCIPAL Debts of Decedent 07/29/2003 Upper Allen Township - utility payment 07/29/2003 Fleet Credit Card Service - balance on account 07/29/2003 PPL Electric Utilities - balance due on utility account 07/31/2003 PSECU - outstanding checks at time of death per statement 08/01/2003 United Water Pennsylvania - balance due on account 08/11/2003 Susquehanna Breast Care Center - balance due on account 08/14/2003 Citi Cards - balance due on account 08/14/2003 Bank One - payment on car loan 09/10/2003 Jay Braderman - attorney fees incurred prior to death 09/11/2003 Bank One - payoff of car loan 09/29/2003 BSI Financial Services - mortgage payment 10/21/2003 West Shore EMS - services provided 6/28/03 10/27/2003 BSI Financial Services - mortgage payment 12/01/2003 BSI Financial Services - mortgage payment 12/18/2003 BSI Financial Services - mortgage payoff 12/23/2003 Quantum Imaging & Theapeutic Billing Office- balance due for services 6/30/03 03/01/2004 West Shore EMS - BLS - services provided 2/4/03 04/14/2003 PA Department of Revenue - balance due on final life state income tax return Funeral Expenses 07/29/2003 Lord & Taylor - purchase of funeral dress 07/29/2003 Rose O'Brien - reimbursement for funeral expenses 07/29/2003 Anita Sirak - reimbursement for funeral expenses 08/06/2003 Office of Catholic Cemeteries - burial expenses 08/06/2003 Malpezzi Funeral Home - professional services Family Exemption Administration Expenses 07/21/2003 Register of Wills Cumberland County - probate fees 07/31/2003 The Jewelers Bench - appraisal fee 08/26/2003 The Patriot News Company - estate advertising 08/26/2003 PPL Electric Utilities - utility payment 321 Cascade Rd Mechanicsburg, PA 08/26/2003 Cumberland Law Journal - estate advertising 09/03/2003 United Water Pennsylvania - utility payment 321 Cascade Rd Mechanicsburg, PA 09/04/2003 P Scott Archibald - real estate appraisal 09/08/2003 Veri Williams - trash removal from 321 Cascade Road Mechanicsburg, PA 4 $100.00 69.48 57.82 1,119.40 39.43 1,568.00 54.61 270.56 3,805.50 4,130.64 657.99 881.25 657.99 657.99 72,115.28 205.00 407.25 9.00 78.39 139.93 665.65 950.00 8,300.50 381.00 20.00 241.15 38.21 75.00 6.75 300.00 440.00 $86,807.19 10,134.47 0.00 09/12/2003 Erie Insurance Group - car insurance premium 128.00 09/17/2003 PPL Electric Utilities - utility payment 321 Cascade Rd 30.41 Mechanicsburg, PA 09/26/2003 Federal Express - package shipped 9/11/03 13.28 09/30/2003 United Water Pennsylvania - utility payment 321 6.75 Cascade Rd Mechanicsburg, PA 10/15/2003 Upper Allen Township - utility payment 321 Cascade 100.00 Road Mechanicsburg, PA 10/21/2003 PPL Electric Utilities - utility payment 321 Cascade Rd 18.25 Mechanicsburg, PA 1 0/31/2003 United Water Pennsylvania - utility payment 321 6.75 Cascade Rd Mechanicsburg, PA 11/18/2003 United Water Pennsylvania - utility payment 321 23.28 Cascade Rd Mechanicsburg, PA 12/05/2003 United Water Pennsylvania - utility payment 321 11.07 Cascade Rd Mechanicsburg, PA 12/23/2003 PPL Electric Utilities - utility payment 321 Cascade Rd 12.80 Mechanicsburg, PA 01/06/2004 United Water Pennsylvania - utility payment 321 6.75 Cascade Rd Mechanicsburg, PA 01/06/2004 PPL Electric Utilities - utility payment 321 Cascade Rd 15.68 Mechanicsburg, PA 01/21/2004 Jay Braderman, Esq - legal fees regarding custody of 6,888.65 Sean O'Brien 03/23/2004 Jay Braderman, Esq - legal fees regarding custody of 340.50 Sean O'Brien 03/29/2004 Register of Wills - PA Inheritance Tax filing fee 15.00 07/21/2004 Jay Braderman, Esq - legal fees regarding custody of 3,061.48 Sean O'Brien RESERVE Register of Wills Cumberland County - filing fees 280.00 12,460.76 Federal and State Taxes 1 % 1 /2003 Register of Wills, Agent - prepayment of PA Inheritance 8,000.00 Tax 09/15/2005 PA Department of Revenue - fiduciary income tax 251.00 8,251.00 Fees and Commissions 01/09/2004 Hershey Trust Company - real estate sale commission 2,400.00 04/20/2004 Keefer, Wood, Allen & Rahal - estate legal expenses 5,264.94 09/21/2004 Keefer, Wood, Allen & Rahal - estate legal expenses 1,331.04 03/11/2005 Keefer, Wood, Allen & Rahal- estate legal expenses 309.00 RESERVE Keefer, Wood, Allen & Rahal- estate legal expenses 3,095.02 RESERVE Hershey Trust Company, Executor's Fee 11,320.00 23,720.00 Total Principal Disbursements $141,373.42 5 DISTRIBUTIONS OF PRINCIPAL TO BENEFICIARIES 08/11/2004 Janet M. O'Brien Trust for benefit of Sean O'Brien - Per Item IV of the Last Will and Testament of Janet M. O'Brien 09/17/2004 Janet M. O'Brien Trust for benefit of Sean O'Brien - Per Item IV of the Last Will and Testament of Janet M. O'Brien TRANSFER OF PRINCIPAL TO INCOME 07/24/2003 AXP Short Duration US Govt Fund - dividend reinvestment 07/24/2003 AXP Diversified Bond Fund - dividend reinvestment 07/24/2003 AXP Insured Tax Exempt Fund - dividend reinvestment 08/22/2003 AXP Short Duration US Govt Fund - di!vidend reinvestment 08/22/2003 AXP Diversified Bond Fund - monthly dividend 08/22/2003 AXP Insured Tax Exempt Fund - dividend reinvestment 09/22/2003 AXP Short Duration US Govt Fund - dividend reinvestment 09/22/2003 AXP Diversified Bond Fund - monthly dividend 09/22/2003 AXP Insured Tax Exempt Fund - dividend reinvestment 10/23/2003 AXP Short Duration US Govt Fund - dividend reinvestment 10/23/2003 AXP Diversified Bond Fund - monthly dividend 10/23/2003 AXP Insured Tax Exempt Fund - dividend reinvestment 11/21/2003 AXP Short Duration US Govt Fund - dividend reinvestment 11/21/2003 AXP Diversified Bond Fund - monthly dividend 11/21/2003 AXP Insured Tax Exempt Fund - dividend reinvestment 12/18/2003 AXP Partners Value Fund - dividend reinvestment 12/22/2003 AXP Short Duration US Govt Fund - dividend reinvestment 12/22/2003 AXP Diversified Bond Fund - monthly dividend 12/22/2003 AXP Insured Tax Exempt Fund - dividend reinvestment 01/26/2004 AXP Short Duration US Govt Fund - dividend reinvestment 01/26/2004 AXP Diversified Bond Fund - monthly dividend 01/26/2004 AXP Insured Tax Exempt Fund - dividend reinvestment 02/25/2004 AXP Short Duration US Govt Fund - dividend reinvestment 02/25/2004 AXP Diversified Bond Fund - monthly dividend 02/25/2004 AXP Insured Tax Exempt Fund - dividend reinvestment 03/26/2004 AXP Short Duration US Govt Fund - dividend reinvestment 03/26/2004 AXP Diversified Bond Fund - monthly dividend 03/26/2004 AXP Insured Tax Exempt Fund - dividend reinvestment 04/26/2004 AXP Short Duration US Govt Fund - dividend reinvestment 04/26/2004 AXP Diversified Bond Fund - monthly dividend 04/26/2004 AXP Insured Tax Exempt Fund - dividend reinvestment OS/26/2004 AXP Short Duration US Govt Fund - dividend reinvestment OS/26/2004 AXP Diversified Bond Fund - monthly dividend OS/26/2004 AXP Insured Tax Exempt Fund - dividend reinvestment 06/25/2004 AXP Short Duration US Govt Fund - dividend reinvestment 06/25/2004 AXP Diversified Bond Fund - monthly dividend 06/25/2004 AXP Insured Tax Exempt Fund - dividend reinvestment 07/26/2004 AXP Short Duration US Govt Fund - dividend reinvestment 07/26/2004 AXP Diversified Bond Fund - monthly dividend 07/26/2004 AXP Insured Tax Exempt Fund - dividend reinvestment 6 133,951.00 34,000.00 $167,951.00 14.70 22.92 0.89 14.75 21.44 0.85 14.82 22.42 0.91 16.43 23.25 0.89 16.09 22.45 0.85 54.93 28.43 30.72 4.00 17.09 25.97 1.01 16.44 26.10 0.86 16.76 27.94 0.84 15.81 28.15 0.87 15.63 28.20 0.86 17.73 28.24 0.86 17.72 26.41 0.89 08/04/2004 AXP Short Duration US Govt Fund - dividend reinvestment 08/04/2004 AXP Diversified Bond Fund - monthly dividend 08/04/2004 AXP Insured Tax Exempt Fund - dividend reinvestment PRINCIPAL BALANCE ON HAND Cash and temporary investments Diamond Solitaire Ring Miscellaneous coins Current Value As of 9-15-2005 $14,518.74 537.00 6.17 $15,061.91 INFORMATION SCHEDULES - PRINCIPAL Investments Made Units of Temporary Investment Fund were purchased or redeemed as funds were available or required. 07/24/2003 3.000 shs AXP Short Duration US Govt Fund purchased through dividend reinvestment 07/24/2003 4.736 shs AXP Diversified Bond Fund purchased through dividend reinvesment 07/24/2003 .163 shs AXP Insured Tax Exempt Fund purchased through dividend reinvestment 08/22/2003 3.029 shs AXP Short Duration US Govt Fund purchased through dividend reinvestment 08/22/2003 4.495 shs AXP Diversified Bond Fund purchased through dividend reinvesment 08/22/2003 .158 shs AXP Insured Tax Exempt Fund purchased through dividend reinvestment 09/22/2003 3.036 shs AXP Short Duration US Govt Fund purchased through dividend reinvestment 09/22/2003 4.626 shs AXP Diversified Bond Fund purchased through dividend reinvesment 7 5.57 8.47 0.26 640.42 Fiduciary Acquisition Value $14,518.74 537.00 6.17 $15,061.91 14.70 22.92 0.89 14.75 21 .44 0.85 14.82 22.42 09/22/2003 .165 shs AXP Insured Tax Exempt Fund purchased through dividend 0.91 reinvestment 10/23/2003 3.366 shs AXP Short Duration US Govt Fund purchased through 16.43 dividend reinvestment 10/23/2003 4.797 shs AXP Diversified Bond Fund purchased through dividend 23.25 reinvesment 10/23/2003 .162 shs AXP Insured Tax Exempt Fund purchased through dividend 0.89 reinvestment 11/21/2003 3.295 shs AXP Short Duration US Govt Fund purchased through 16.09 dividend reinvestment 11/21/2003 4.631 shs AXP Diversified Bond Fund purchased through dividend 22.45 reinvesment 11/21/2003 .155 shs AXP Insured Tax Exempt Fund purchased through dividend 0.85 reinvestment 12/18/2003 11.326 shs AXP Partners Value Fund purchased through dividend 54.93 reinvestment 12/22/2003 5.824 shs AXP Short Duration US Govt Fund purchased through 28.43 dividend reinvestment 12/22/2003 6.338 shs AXP Diversified Bond Fund purchased through dividend 30.72 reinvesment 12/22/2003 .727 shs AXP Insured Tax Exempt Fund purchased through dividend 4.00 reinvestment 01/26/2004 3.495 shs AXP Short Duration US Govt Fund purchased through 17.09 dividend reinvestment 01/26/2004 5.311 shs AXP Diversified Bond Fund purchased through dividend 25.97 reinvesment 01/26/2004 .183 shs AXP Insured Tax Exempt Fund purchased through dividend 1.01 reinvestment 02/25/2004 3.355 shs AXP Short Duration US Govt Fund purchased through 16.44 dividend reinvestment 02/25/2004 5.316 shs AXP Diversified Bond Fund purchased through dividend 26.10 reinvesment 02/25/2003 .154 shs AXP Insured Tax Exempt Fund purchased through dividend 0.86 reinvestment 03/26/2004 3.420 shs AXP Short Duration US Govt Fund purchased through 16.76 dividend reinvestment 03/26/2004 5.656 shs AXP Diversified Bond Fund purchased through dividend 27.94 reinvesment 03/26/2004 .151 shs AXP Insured Tax Exempt Fund purchased through dividend 0.84 reinvestment 04/26/2004 3.260 shs AXP Short Duration US Govt Fund purchased through 15.81 dividend reinvestment 04/26/2004 5.828 shs AXP Diversified Bond Fund purchased through dividend 28.15 reinvesment 04/26/2004 .161 shs AXP Insured Tax Exempt Fund purchased through dividend 0.87 reinvestment OS/26/2004 3.243 shs AXP Short Duration US Govt Fund purchased through 15.63 dividend reinvestment OS/26/2004 5.924 shs AXP Diversified Bond Fund purchased through dividend 28.20 reinvesment 8 OS/26/2004 .161 shs AXP Insured Tax Exempt Fund purchased through dividend 0.86 reinvestment 06/25/2004 3.686 shs AXP Short Duration US Govt Fund purchased through 17.73 dividend reinvestment 06/25/2004 5.920 shs AXP Diversified Bond Fund purchased through dividend 28.24 reinvesment 06/25/2004 .161 shs AXP Insured Tax Exempt Fuhd purchased through dividend 0.86 reinvestment 07/26/2004 3.684 shs AXP Short Duration US Govt Fund purchased through 17.72 dividend reinvestment 07/26/2004 5.491 shs AXP Diversified Bond Fund purchased through dividend 26.41 reinvesment 07/26/2004 .165 shs AXP Insured Tax Exempt Fund purchased through dividend 0.89 reinvestment 08/04/2004 1.156 shs AXP Short Duration US Govt Fund purchased through 5.57 dividend reinvestment 08/04/2004 1.761 shs AXP Diversified Bond Fund purchased through dividend 8.47 reinvesment 08/04/2004 .048 shs AXP Insured Tax Exempt Fund purchased through dividend 0.26 reinvestment Changes in Investment Holdings AXP New Dimensions Fund 07/03/2003 8,553.019 shs AXP New Dimensions Fund received at date of death value 06/25/2004 884.295 shs AXP New Dimensions Fund received in reorganization 06/25/2004 8,84.295 shs AXP New Dimensions FLlnd held at: 18,645.58 0.00 18,645.58 9 RECEIPTS OF INCOME Dividends 07/24/2003 AXP Short Duration US Govt Fund - monthly dividend 07/24/2003 AXP Diversified Bond Fund - monthly dividend 07/24/2003 AXP Insured Tax Exempt Fund - mon1hly dividend 08/22/2003 AXP Short Duration US Govt Fund - monthly dividend 08/22/2003 AXP Diversified Bond Fund - monthly dividend 08/22/2003 AXP Insured Tax Exempt Fund - mon~hly dividend 09/22/2003 AXP Short Duration US Govt Fund - monthly dividend 09/22/2003 AXP Diversified Bond Fund - monthly dividend 09/22/2003 AXP Insured Tax Exempt Fund - monthly dividend 10/23/2003 AXP Short Duration US Govt Fund - monthly dividend 10/23/2003 AXP Diversified Bond Fund - monthly dividend 10/23/2003 AXP Insured Tax Exempt Fund - monthly dividend 11/21/2003 AXP Short Duration US Govt Fund - monthly dividend 11/21/2003 AXP Diversified Bond Fund - monthly ~ividend 11/21/2003 AXP Insured Tax Exempt Fund - monthly dividend 12/18/2003 AXP Partners Value Fund - annual dividend 12/22/2003 AXP Short Duration US Govt Fund - monthly dividend 12/22/2003 AXP Diversified Bond Fund - monthly <jJividend 12/22/2003 AXP Insured Tax Exempt Fund - monthly dividend 01/26/2004 AXP Short Duration US Govt Fund - monthly dividend 01/26/2004 AXP Diversified Bond Fund - monthly (jlividend 01/26/2003 AXP Insured Tax Exempt Fund - monthly dividend 02/25/2004 AXP Short Duration US Govt Fund - mbnthly dividend 02/25/2004 AXP Diversified Bond Fund - monthly dividend 02/25/2004 AXP Insured Tax Exempt Fund - monthly dividend 03/26/2004 AXP Short Duration US Govt Fund - monthly dividend 03/26/2004 AXP Diversified Bond Fund - monthly Qividend 03/26/2004 AXP Insured Tax Exempt Fund - monthly dividend 04/26/2004 AXP Short Duration US Govt Fund - monthly dividend 04/26/2004 AXP Diversified Bond Fund - monthly dividend 04/26/2004 AXP Insured Tax Exempt Fund - monthly dividend OS/26/2004 AXP Short Duration US Govt Fund - monthly dividend OS/26/2004 AXP Diversified Bond Fund - monthly dividend OS/26/2004 AXP Insured Tax Exempt Fund - monthly dividend 06/25/2004 AXP Short Duration US Govt Fund - mbnthly dividend 06/25/2004 AXP Diversified Bond Fund - monthly dividend 06/25/2004 AXP Insured Tax Exempt Fund - monthly dividend 07/26/2004 AXP Short Duration US Govt Fund - monthly dividend 07/26/2004 AXP Diversified Bond Fund - monthly dividend 07/26/2004 AXP Insured Tax Exempt Fund - monthly dividend 08/04/2004 AXP Short Duration US Govt Fund - monthly dividend 08/04/2004 AXP Diversified Bond Fund - monthly dividend 08/04/2004 AXP Insured Tax Exempt Fund - monthly dividend 10 14.70 22.92 0.89 14.75 21.44 0.85 14.82 22.42 0.91 16.43 23.25 0.89 16.09 22.45 0.85 54.93 28.43 30.72 4.00 17.09 25.97 1.01 16.44 26.10 0.86 16.76 27.94 0.84 15.81 28.15 0.87 15.63 28.20 0.86 17.73 28.24 0.86 17.72 26.41 0.89 5.57 8.47 0.26 640.42 Interest 07/31/2003 PSECU Account #8102193912 08/04/2003 PSECU Account #8102193912 08/13/2003 American Express Brokerage Account 08/29/2003 American Express Brokerage Account 09/01/2003 American Express Brokerage Account Interest from temporary investment funds 2003 July August September October November December 2004 January February March April May June July August September October November December 2005 January February March April May June July August Total Income Receipts 7.49 0.70 0.14 0.07 0.21 0.11 2.18 24.37 29.21 30.56 44.87 60.56 52.06 54.91 51.64 51.36 53.38 66.56 73.38 59.11 40.89 44.21 53.27 57.04 55.98 65.24 67.28 74.93 74.59 81.91 86.82 11 8.61 1,356.42 $2,005.45 DISBURSEMENTS OF INCOME 09/16/2004 PA Department of Revenue - fiduciary income tax payment Hershey Trust Company, income commission DISTRIBUTIONS OF INCOME TO BENEFICIARIES 08/11/2004 Janet M. O'Brien Trust for benefit of Sean O'Brien - Per Item IV of the Last Will and Testament of Janet M. O'Brien BALANCE OF INCOME ON HAND Current Value As of 9-15-2005 Cash and temporary investments $1,235.76 INFORMATION SCHEDULE - INCOME Units of Temporary Investment Fund were purchased or redeemed as funds were available or required. 12 $29.00 100.27 129.27 640.42 640.42 Fiduciary Acquisition Value $1,235.76 PROPOSED DISTRIBUTIONS TO BENEFICIARIES Current Value As of 9-15-2005 PRINCIPAL: TO: Sean M O'Brien per Item III of the last Will and Testament of Janet M. O'Brien dated November 4, 2002 Diamond Solitaire Ring Miscellaneous coins $537.00 6.17 TO: Janet M. O'Brien Trust for Sean M. O'Brien per Item IV of the last Will and Testament of Janet M. O'Brien dated November 4,2002 Cash $14,670.74 $15,213.91 INCOME: TO: Janet M. O'Brien Trust for Sean M. O'Brien per Item IV of the last Will and Testament of Janet M. O'Brien dated November 4,2002 Cash $1,235.76 $1,235.76 Total Distribution $16,449.67 13 Fiduciary Acquisition Value $537.00 6.17 $14,670.74 $15,213.91 $1,235.76 $1,235.76 $16,449.67 ROBERT K. REITZEL, Vice President and Trust Officer, Hershey Trust Company, Executor under the Last Will and Testament of Janet M. O'Brien, deceased, hereby declares under oath that said Executor has fully and faithfully discharged the duties of his office; that the foregoing First and Final Account is true and correct, and fully discloses all significant transactions occurring during the accounting period; that all known claims against the estate have been paid in full; that, to his knowledge, there are no claims now outstanding against the estate; and that all taxes presently due from the estate have been paid. HERSHEY TRUST COMPANY, EXECUTOR ~ By: - _______ Vice resident and Trust fficer Subscribed and sworn to by ROBERT K. REITZEL before ~~daYOf . ,2005. ~~ iIl~ }Notary Public Notarial Seal Usa L PiergaHini, Notary Public Deny Twp., Dauphin County My Ccmmlssion ExpIres May 5, 2001 Member. Penl1l;yfvanla Association Of Notaries IN THE MATTER OF THE ESTATE OF JANET M. O'BRIEN, DECEASED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V AMA ORPHANS' COURT DIVISION NO. 0588 of 2003 CERTIFICATE I hereby certify that written notice of the filing of this Account and Statement of Proposed Distribution, and the date, time and place when the same will be presented to the Court for confIrmation and of the last day to file written objections to said Statement of Proposed Distribution, has been given to every unpaid claimant and to every other person known to the accountant to have or claim an interest in the estate as creditor, beneficiary, heir or next of kin. A copy of said Statement was included with the notice. ) Elyse E. ogers, Esq . Keefer Wood Allen & Rahal, LLP 415 Fallowfield Road, Suite 301 Camp Hill, P A 17011 717-612-5801 Supreme Court ill #41274 Attorney for Executor of Estate of Janet M. O'Brien CUMBERLAND LAW JOURNAL 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 AUGUST 15, 2003 Cumberland Law Journal is published every Friday by the Cumberland County Bar Association and is designated by the Court of Common Pleas as the official legal publication for Cumberland County and the legal newspaper for publication of legal notices. TO: Elyse E. Rodgers, ESQUIRE Janet M. O'Brien, ESTATE RE: Legal advertisements must be received by Friday Noon. All legal advertising must be paid in advance. Make all checks payable to: Cumberland Law Journal. ----------------------------------------------------- ----------------------------------------------------- Advertisement inserted on following dates: AUGUST 1,8, 15, 2003 Advertising Cost Second Proof Request $ 75.00 $ 0.00 $ 0.00 $ 0.00 ------------- Proof of Publication Payment received Total Amount Due $ 75.00 --------- -------- Payment received by PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : SSe COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: AUGUST 1, 8, 15,2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. O'Brien, Janet M.. dec'd. Late of Upper Allen Township. Executor: Hershey Trust Com- pany, 100 Mansion Road East, P.O. Box 445, Hershey, PA 17033- 0445, (717) 520-1109. Attomeys: Elyse E. Rogers. Es- quire, Keefer, Wood, Allen & Ra- hal, LLP, 415 Fallowfield Road. Suite 102, Camp Hill, PA 17011- 4905, (717) 612-4905. --- N TO AND SUBSCRIBED before me this 15 day of AUGUST, 2003 civv THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and...I!llL Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 25th day(s) of July and the 1st and 8th day(s) of August 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY ......... ... .... . .11:... ';j)e...",,;.rr; ~.............. Sworn d subscribed before ~s 14th day of A ust A.D. Seal / /. /~ Teny L. Russell, Notary Public CIty 01 Han1sburg, Dauphin Col6Ily My CommISIlOn ExpIres June 6, 2006 Member. Pemsytvania Association Of NoIalIes NOT Y PUBLIC My commission expires June 6, 2006 HERHEY TRUST COMPANY ATTN: ROBERT K. REITZEL 100 MANSION ROAD EAST HERSHEY, PA. 17033 Statement of Advertising Costs To THE PATRIOT.NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 239.40 1.75 241. 15 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... # nll~. ~!1. ec:l. ~~fl _.0" ....-Q. .. 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Q).l-JU p..Q)<1J0 ,C(1j(1j"d0 .l-JU .l-J '"'" .::: H 0 .::: HCf.l p..(1jp-<.l-J',-4<X:: 11. ..J ..J .J <X: I <'l <X: ~ 0:: I- - W cb ~ i5!~S' 0 Z I-Oll' g W Ul;:- (l) ..J ~><~ I th ..JzO'tO <( .JaJ~ ~ o ~ c:i:J o ;;a:ffi 1::; 0- - ~ N ~ 0:: I W LL W W ~ PLEASE FILE THIS REPORT WITHIN TWO YEARS OF DA TE OF DEA TH REGARDLESS OF THE ST A Tl!S OF THE ESTATE. IF ESTATE IS NOT COMPLETED, FILE A 6.12 FORM YEARLY UNTIL COMPLETION. ESTATE STATUS REPORT Name of Decedent: Janet M. O'Brien Date of Death: 07/03/03 Will No.: 0588-2003 Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, we 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 --X.No 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: 3. If the answer to No.1 is Yes, state the following: a. Did the personal representative file a final account with the Court? Yes X 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 No X Date: d. Copies of receipts, releases, joinders and approvals of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be ....--:- attached to this report. l ~_~__ JhNL~'LOOG . Of __ _ ~ I Ro ert K. Reitzel, VP & Trust Officer ..-..] Hershey Trust Company Name (Please type or print) P.O. Box 445 Hershey. P A 17033 Address (717 ) 520-1126 Telephone Number (k: \trust\admnfile\form s \es tstrp.frm) Capacity: ~ Personal Representative Counsel for Personal Representative \IZ~