HomeMy WebLinkAbout00-0898F:\FiLES\Climb\5345 Gordoa\5345.I.petl.wpd
No V. Otto, III, Esquire o
LD. No. 27763 ~g o `-,
Seth T. Mosebey, Esquire ;,~, ~ ' ;_->
LD. No. 203046 i,~'
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MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER ~
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MARTSON LAW OFFICES 7~a ~ c-> _`-~
10 East High Street c~~C„ ~ :_
Carlisle, PA 17013 -w -+ iv ~-_ ~=;
(717) 243-3341 ~ ` ~~ f'~
Attorneys for Carol Furgueson, Executrix of the Estate of Cornelius Furgueson, N
TiV RE: TRUST FOR BENEFIT OF TN THE COURT OF COMMON PLEAS OF
WILLIAM T. GORDON, JR.,UNDER :CUMBERLAND COUNTY, PENNSYLVANIA
AGREEMENT DATED 03/04/1994,
AS AMENDED, OF :ORPHANS' COURT DIVISION
BARBARA GORDON, DECEASED NO.21-00-0898
PETITION FOR APPOINTMENT OF GUARDIAN AD LITEM
AND NOW, comes Petitioner, Estate of Cornelius Furgueson, N, by and through its
attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby avers
as follows:
1. The Petitioner is Carol Furgueson, Executrix of the Estate of Cornelius Furgueson,
N.
2. Pursuant to an Agreement of Trust dated March 4, 1994 and First Amendment to
Schedule "B" of Agreement of Trust dated July 31, 1997 naming Barbara R. Gordon as Settlor
("Settlor") and initial co-Trustee, copies of which are attached hereto and incorporated as Exhibit
"A" and are collectively referred to herein as the "Trust", Settlor named Cornelius Furgueson, N,
as individual co-Trustee ("Individual Trustee") .
3. Settlor died on on September 9, 2000.
4. Individual Trustee died on July 12, 2009, having served as sole trustee of the Trust
from the date of Settlor's death.
5. M & T Bank, successorbymergertoFarrners Trust Company, is now the sole Trustee
under the Trust.
6. Pursuant to the terms of the Trust, upon the death of the Settlor, the Trust was divided
into two shares, one of each such shares being held for the benefit of each of Decedent's two
children, William T. Gordon, Jr. and Elizabeth R. Comstock.
7. William T. Gordon, Jr. died on July 4, 2009.
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8. William T. Gordon, Jr., was survived by one child, Taylor Marie Gordon, a minor
with a date of birth of July 29, 1993.
9. Paragraph 2(c) of the Trust provides that "[u]pon the death of the said income
beneficiary, the principal and undistributed income, if any, of each such share shall be distributed
to the issue of such beneficiary, per stirpes; provided, however, in the event that any distributee shall
fail to have attained the age of thirty (30) years at the death of the income beneficiary, such share of
such distributee shall be held in further trust for such distributee upon the terms and conditions
hereof to be distributed absolutely upon such distributee's attaining the age of thirty (30) years."
10. Taylor Marie Gordon currently resides with her mother, Peggy A. Gordon, at 1080
E. Bridger, Pahrump, Nevada 89048.
11. Contemporaneouslytyith filing of this Petition, Petitioner has filed a First and Partial
Account for the Trust for the period through the date of death of the Individual Trustee, seeking
confirmation and discharge.
12. Because Taylor Marie Gordon is a minor, Petitioner believes that a Guardian Ad
Litem is necessary to represent her interests with respect to the Account.
13. Robert G. Frey, Esquire has agreed to serve as Guardian Ad Litem, and his Consent
to serve is attached hereto and incorporated as Exhibit "B."
14. Pending disposition of this Petition, Petitioner requests that all proceedings and
distributions be stayed.
WHEREFORE, Petitioner requests that this Court appoint Robert G. Frey, Esquire to serve
as guardian ad litem for Taylor Marie Gordon in the above-captioned matter for purposes of
representing her interest in the Account filed by Carol Furgueson, Executrix of the Estate of
Cornelius Furgueson, N.
Date: ~~/ ~/D
MARTSON LAW OFFICES
By:
No V. Otto III, Esquire
I.D. No. 27763
Seth T. Mosebey, Esquire
I.D. No. 203046
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Carol Furgueson,
Executrix of the Estate of Cornelius
Furgueson, N
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VERIFICATION
Carol Furgueson, Executrix of the Estate of Cornelius Furgueson, N, Trustee under the
Agreement of Trust dated March 4, 1994, for benefit of William T. Gordon, Jr., hereby verify that
I have reviewed the foregoing document and state that, to the extent that the foregoing document
contains facts supplied by or known to me, they are true and correct to the best of my knowledge,
information and belief.
This statement is made subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn
falsification to authorities.
Carol Furgueson
Dated: ~/ q / ~ U
r,
• wills\3343.ttu
3/2/94
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AGREEMENT OF TRUST
AGRP.EMENT OF TRUST made and entered into this `~`~', day of
`~y7Lan.~> , 199 ~, by and between BARBARA ROTH GORDON, of the Borough of
Carlisle, Cumberland County, Pennsylvania, (hereinafter referred to as "Settlor"), and
BARBARA ROTH GORDON and CORNELIUS FURGUESON IV, of New York, New York,
(hereinafter referred to as "Trustees").
Intending to be legally bound hereby, the parties hereto do hereby agree as follows:
ARTICLE I
Settlor hereby transfers to Trustees, in trust, for the purposes hereinafter set forth, the
property as set forth in Schedule "A" attached hereto and made part hereof and such other
property as from time to time transferred by Settlor to Trustees.
ARTICLE II
The Trustees shall collect the income from the Trust Pstate and shall pay all proper
charges and expenses. The net income of the Trust Estate after payment of all such charges and
expenses shall be held, administered and invested by the Trustees, to be distributed, together
with the net income and such accumulated income and corpus, as provided in Schedule "B"
hereto and made part hereof. Upon the death of Settlor, the corpus and accrued income, if any,
shall be distributed as further provided in Schedule "B", attached hereto signed and dated and
as from time to time revised and made part hereof. All dividends payable in shares of stock in
the corporations declaring the dividends shall be treated as principal without regard to the
number of shares payable.
ARTICLE III
During the lifetime of Settlor, this Trust may be revoked by the said Settlor by giving
five (5) days written notice to the Trustees hereunder, and in such case, all property whether
principal or accrued income or any combination of the foregoing being held in the Trust shall
be distributed to Settlor. Further, during the lifetime of Settlor, this Trust may be altered or
amended by amendment of this Trust Agreement signed by both Settlor and Trustees.
ARTICLE IV
No part of the income or principal of the property held under this Trust or trusts
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~xtl~ Est r ~4
subsequently created hereunder 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 thereof. The Trustees shall pay over the net income and the principal of the parties
herein designated, as their interests may appear, without regard to any attempted anticipation,
pledging or assignment by any beneficiary of these trusts, and without regard to any claim
thereto or attempted levy, attachment, seizure or other process against said beneficiary.
ARTICLE V
In addition to the powers conferred by case law, by statute, and by other provisions
hereof, the Trustees and successor Trustees, shall have the following discretionary powers
applicable to all property held which powers shall be effective without order of any court and
shall exist until fmal distribution:
(a) To retain any property of any nature received for whatever period the Trustees
shall deem advisable;
(b) To invest and reinvest all or any part of said property in such stocks, bonds,
securities or other property, real or personal, as the Trustees shall deem proper, without regard
to statutes limiting the property which a fiduciary may purchase;
(c) To sell, transfer, exchange or otherwise dispose of, any part of said property, for
cash or on terms, publicly or privately, or to lease, even for a term exceeding five (5) years or
the duration of any trust herein, without liability on the purchasers or lessees to see to the
application of the proceeds, and to give options for these purchases without the obligation to
repudiate them in favor of a higher offer;
(d) To execute and deliver any deeds, leases, assignments or other instruments as may
be necessary to carry out the provisions of the Trust;
(e) To borrow money, including the right to borrow money from any bank and to
mortgage or pledge any asset of the estate as security;
(f) To assume continuance of the status of any beneficiary with regard to death,
marriage, divorce, illness, incapacity and the like in the absence of information deemed reliable
without liability for disbursements made on such assumption;
(g) To pay from the corpus of the Trust, or the income therefrom, all debts, claims,
taxes or similar charges;
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(h) To make any distribution hereunder either in kind or in money, or partially in
kind and partially in money. Distribution in kind shall be made at the market value of the
property distributed, and the Trustees, in their absolute discretion, may cause the share
distributed to any distributee to be composed of properly similar to or different from that
distributed to any other distributes;
(i) To exercise any subscription right in connection with any security held hereunder,
to consent to or participate in any recapitalization, reorganization, consolidation or merger of
any corporation, company or association, the securities of which may be held hereunder, to
delegate authority with respect thereto, to deposit investments under agreements, to pay
assessments, and generally to exercise all rights of investors;
(j) To invest in endowment, insurance or annuity policies on the lives of beneficiaries
of the Trust hereunder;
(k) To continue in any partnership, joint venture, joint ownership or other business
enterprise of which Settlor is a part at the time of her death;
(1) To compromise claims;
(m) To continue for whatever period of time as the Trustees shall deem necessary any
ownership as a tenant in common or as a partner, in real estate or other property and to act as
Settlor could have acted while living;
(n) To employ agents, attorneys and proxies and to delegate to them such powers as
the Trustees consider desirable and to pay reasonable compensation for such services as may be
rendered by such agents, attorneys and proxies;
(o) To do all other acts in the judgment of the Trustees necessary or desirable for the
proper management, investment and distribution of Settlor's Estate.
ARTICLE VI
Notwithstanding any other provision hereof and further not withstanding the provisions
of the common or statutory laws of the Commonwealth of Pennsylvania, the co-Trustees
hereunder shall be at liberty to act either jointly or severally with respect to all matters which
may rerluire action by a trustee.
ARTICLE VII
The Trustees hereunder shall receive compensation in accordance with any standard
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schedule of fees which such Trustee has in effect at such time as any such services are
performed. All such fees shall be allocated one-third (1/3) to income and two-thirds (2/3) to
principal.
In the event that the said BARBARA ROTH GORDON shall become unable or unwilling
to continue to act as Trustee, then she shall have the option to appoint a successor Trustee to
act in her stead. In the event she shall be unable to appoint a successor Trustee, then
FARMERS TRUST COMPANY, of Cazlisle, Pennsylvania., shall act in her stead.
In the event the said CORNF.LIUS FURGUESON IV shall be unable or unwilling to act
or continue to act as Trustee, then FARMERS TRUST COMPANY, of Cazlisle, Pennsylvania,
shall act as Trustee in his stead.
ARTICLE IX
This Trust shall be administered and interpreted in accordance with the laws of the
Commonwealth of Pennsylvania.
IN WI121ESS WHEREOF, Settlor and Trustees have hereunto set their hands and seals
the day and yeaz aforesaid.
Witness: SETTLOR:
Barbara Roth Gordon
TRUSTEES:
~ ~~~ ,
Barbara Roth Gordon
c
Furgueson IV
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COMMONWEALTH OF PENNSYLVANIA )
. SS.
COUNTY OF CUMBERLAND )
On this, the ~~ day of ` %~n-~~ 19~f~, before me, the undersigned
officer, personally appeared BARBARA ROTH GORDON, known to me to be the person whose
name is subscribed to the within instrument, and acknowledged that she executed the same for
the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and notarial seal.
Notary Public
Notarial Seal
Carina L Myers, Notary Publt:
Carlisle Ban, bedand.
My ComnVssion Expires May 22,1
Parrrsyh~isAseocielfan
STATE OF NEW YORK )
SS.
coUNTy of Ne W yc1>~ >
On this, the ~~ Sr day of M ~ c h , 194~i, before me, the undersigned
officer, personally appeared CORNEI.IUS FURGUESON IV, known to me or satisfactorily
proven to be the person whose name is subscribed to the within instrument, and acknowledged
that he executed the foregoing instrument for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal the day and year
aforesaid.
Moatcm ~ ~D,~T_
Notary Public
MARION E. GELLER
NOTARY PUBLIC, Stage of New Wrk
NO 31-4778722
TCiuat4ied~rneBN ~13rk
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SCHEDULE "B"
1. During the lifetime of Settlor, the net income of the Trust, if any, shall be paid
to or for the' refit of Settlor in at least quarterly installments, and the principal of the Trust,
if any, or any rtion of the principal, shall be paid as Settlor, or someone acting legally on
Settlor's behalf, m demand. Even though Settlor is not adjudicated incompetent, if Settlor is
under a legal disabil~,y or because of mental or physical disability is, in the opinion of the
Trustees hereunder, un~ile to make reasoned demands for amounts from the principal, the
Trustees hereunder shall ~y for Settlor's benefit such amount from the principal as may be
necessary to maintain for Set~r a standard of living approximately equal to that maintained by
Settlor during Settlor's lifetim~ and to meet Settlor's expense arising from ill health or
invalidism.
2. Upon the death of Settl the principal and undistributed income, if any, shall
be distributed, in equal shares, unto Se is children, WILLIAM T. GORDON, JR. and
ELIZABETH R. COMSTOCK, absolutely.
3. In the event that either of Settlor's ' dren shall predecease or fail to survive
Settlor and but shall leave issue surviving, then such de~~se
Trustee and the net income therefrom used for the support,
issue of such deceased child, in equal shares. The Trustee
as the Trustee shall deem necessary or desirable for said pi
child's share shall be held by the
and education of the
use as much of the principal
The Trustee shall further
distribute absolutely the principal of such share of such deceased cli~d to the issue of such
deceased child per stirpes as each shall attain the age of twenty-one (21)
4. In the event that either of Settlor's children shall fail to survive Settlor and not
leave issue surviving, then such deceased child's share shall be added to the sh`gre of Settlor's
other child or his or her issue as if originally a part thereof. `
Schedule B executed this ~k~'h day of `-'YYL2~n-C~tJ , 19g~
Witness: --
t\~~ lam/
Barbara Roth Gordon
Settlor
IIRST AMENDMENT TO SCHEDULE "B"
OF AGR_F.EMENT OF TRLrST DATED M_A??CH 4. 1994
BETWEEN BARR~RA ROTH C*ORDON_ SETTLOR AND
BARR~R_A ROTH GO ON ND O N ..ii TR ON. IV TRUSTEEc
1. During the lifetime of Settlor, the net income of the Trust, if any, shall be paid to
or for the benefit of Settlor in at least quarterly installments, and the principal of the Trust, if any,
or any portion of the principal, shall be paid as Settlor, or someone acting legally on Settlor's
behalf, may demand. Even though Settlor is not adjudicated incompetent, if Settlor is under a
legal disability or because of mental or physical disability is, in the opinion of the Trustees
hereunder, unable to make reasoned demands for amounts from the principal, the Trustees
hereunder shall pay for Settlor's benefit such amount from the principal as may be necessary to
maintain for Settlor a standard of living approximately equal to that maintained by Settlor during
Settlor's lifetime, and to meet Settlor's expense arising from ill health or invalidism.
2. Upon the death of Settlor, the principal and undistributed income, if any, shall be
distributed as follows:
a. The sum of Ten Thousand Dollars ($10,000.00) shall be distributed to each
of ST. JOHN'S EPISCOPAL CHURCH, Carlisle, Pennsylvania,, and SKIDMORE
COLLEGE.
b. The sum of Ten Thousand Dollars ($10,000.00) shall be distributed to each
of Settlor's grandchildren, WILLIAM COMSTOCK, PAUL KEVIN COMSTOCK,
CHRISTINA COMSTOCK and TAYLOR MARIE GORDON. In the event that any of the
foregoing grandchildren of Settlor shall not have attained the age of 18 years as of the date
of Settlor's death, such bequest for such grandchild shall be held by such grandchild's parent
who shall be the son or daughter, as the case may be, of Settlor for the benefit of such
grandchild and distributed to such grandchild as such grandchild shall attain the age of 18
years.
c. The remaining principal, and undistributed income, if any, shall be divided
into two (2) equal shares with one such share held for the benefit of Settlor's son, WILLIAM
T. GORDON, JR., and the other such share held for the benefit of Settlor's daughter,
ELIZABETH R. COMSTOCK. Income from each such share shall be distributed to the
beneficiary thereof, no less often than quarterly. Further, as much of the principal as the
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Trustee, in the Trustee's sole discretion, shall determine shall be used for the health,
maintenance and support of such beneficiary taking into account the other resources such
beneficiary has available to him or her. Upon the death of the said income beneficiary, the
principal and undistributed income, if any, of each such share shall be distributed to the issue
of such beneficiary, per stirpes; provided, however, in the evert that any distributee shall fail
to have attained the age of thirty (30) years at the death of the income beneficiary, such share
of such distributee shall be held in further trust for such distributee upon the terms and
conditions hereof to be distributed absolutely upon such distributee's attaining the age of
thirty (30) years.
3. In the event that either of Settlor's children shall fail to survive Settlor and not leave
issue surviving, then such deceased child's share shall be added to the share of Settlor's other child
or his or her issue as if originally a part thereof
First tlmendment to Schedule B executed this
Witness:
31st
day of ~~- , 1997.
~ ~~
Barbara Roth Gordon
Settlor
IN RE: TRUST FOR BENEFIT OF IN THE COURT OF COMMON PLEAS OF
WILLIAM T. GORDON, JR.,UNDER :CUMBERLAND COUNTY, PENNSYLVANIA
AGREEMENT DATED 03/04/1994,
AS AMENDED, OF :ORPHANS' COURT DNISION
BARBARA GORDON, DECEASED N0.21-00-0898
CONSENT OF GUARDIAN AD LITEM
I, Robert G. Frey, Esquire, consent to be the guardian ad litem of Taylor Marie Gordon in the
above-captioned action with regard to the accounting being filed by Carol Furgueson, Executrix of
the Estate of Cornelius Furgueson, IV.
bert G. Frey, Esquire
,~ J(H /,~ / r 8
IN RE: TRUST FOR BENEFIT OF IN THE COURT OF COMMON PLEAS OF
WILLIAM T. GORDON, JR.,UNDER :CUMBERLAND COUNTY, PENNSYLVANIA
AGREEMENT DATED 03/04/1994,
AS AMENDED, OF :ORPHANS' COURT DIVISION
BARBARA GORDON, DECEASED NO. 21-00-0898
CERTIFICATE OF SERVICE
I, Corrine L. Myers, an authorized agent for Martson Deardorff Williams Otto Gilroy &
Faller, hereby certify that a copy of the foregoing Petition for Appointment of Guazdian a Litem
was served this date by depositing same in the Post Office at Carlisle, PA, first class mail and
certified mail, return receipt requested, postage prepaid, addressed as follows:
Ms. Carol Furgueson, Executrix
Estate of Cornelius Furgueson, IV, deceased
c/o Beacon Global Asset Management
formerly Furgueson Capital Management
19 W 44`~ Street, Suite 812
New York, NY 10036
Ms. Jane F. Burke
M&T Bank
P.O. Box 220
Carlisle, PA 17013
Ms. Taylor Marie Gordon, Minor
c/o Peggy Gordon, natural guardian
1080 East Bridger
Pahrump, NV 89048
Robert G. Frey, Esquire
proposed Guazdian ad Litem for
Taylor Marie Gordon, Minor
5 South Hanover Street
Carlisle, PA 17013
Ms. Taylor Marie Gordon, Minor
1080 East Bridger
Pahrump, NV 89048
MARTSON LAW OFFICES
BY ~~rti.~.
Attorneys for Trustee
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: ~o ~! /!d
TRUST
COURT OF COMMON PLEAS OF ^~
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CUMBERLAND COUNTY, PENNSYLVANIA ~~ ~ j ~'°
ORPHANS COURT DNISION _
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NAME OF TRUST ~,
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(TRUST UNDER WILL OF ~' o ` '
or
TRUST UNDER DEED OF BARBARA GORDON
DATED 03/04/1994 )
No. 21-00-0898
PETITION FOR ADJUDICATION !
STATEMENT OF PROPOSED DISTRIBUTION
PURSUANT TO Pa. O.C. Rule 6.9
This form may be used in all cases involving the Audit of Trust Accounts. If space is insufficient,
riders may be attached.
INCL UDE ATTACHMENTS AT THE BACK OF THIS FORM.
Name of Counsel: No V. Otto III, Esquire
Supreme Court I.D. No.: 27763
Name of Law Firm: MARTSON LAW OFFICES
Address: 10 East High Street, Cazlisle, PA 17013
Telephone: (717) 243-3341
Fax: (717)243-1850
Form oc-oz rev 10.13.06 Page 1 of 10
Name of Trust: BARBARA GORDON TRUST f/b/o Williaril Gordon
1. Name(s) and address(es) of Petitioner(s):
Petitioner: Petitioner:
Name. Carol Furgueson
aedress: c/o Furgueson Capital Management
19 W 44th St New York, NY 10036
2. Check if any of the following issues are involved in this case:
A. Appointment of Trustee ........................................... ~
B. Interpretation ................................................... ~
C. Discharge of Trustee .................................... ......
D. Transfer of Situs .................................................
E. Appointment of Ad Litem ............................ ............
F. Minor, Unborn or Unascertained Beneficiary(ies) ......................
G. Principal Distribution .............................................
H. Partial/Full Termination of Trust .................................... ~
I. Missing Beneficiary(ies) ..........................................
J. Cy Pres ........................................................
K. WilliainsonIssue* ...............................................
L. Other Issues ....................................................
List:
Death of initial and only acting Trustee
Please note:
A detailed explanation of issues checked should be set forth at item 13 below.
* See ~7liamron Estate, 368 Pa. 343, 82 A.2d 49 (1951), if Trustee was also Executor of the settlor/decedent's estate and
roceived commissions in such capacity.
Foy oc-oi .ev lo.is.o6 Page 2 of 10
Name of Trust: BARBARA GORDON TRUST f/b/o William Gordon
3. Testamentary Trust:
Decedent's date of death:
Date of Decedent's Will:
Date(s) of Codicil(s):
Date of probate:
or
Inter Vivos Trust:
Date of Trust: March 4, 1994
Date(s) of Amendment(s): July 31, 1997
4. A. If any other Court has taken jurisdiction of any matter relating to this Trust, explain:
N/A
B. Identify all prior accountings and provide dates of adjudication.
None
5. A. State how each Trustee was appointed:
By Agreement of Trust referred to above, copy attached hereto.
B. If a Petitioner is not a Trustee, explain:
Petitioner is Executrix of the Estate of Cornelius Furgueson IV, deceased, who was
the initial and only acting Trustee at the time of his death on July 12, 2009.
Forn, oc-oa rev 10.13.06 Page 3 of 10
Name of Trust: BARBARA GORDON TRUST f/b/o William Gordon
6. State how and when the present fund was awarded to Trustee(s):
Trust was established on 12/28/01 due to the death of the Settlor on 9/9/00 under the
terms of Schedule "B", Item 2, of subject Agreement of Trust.
7. Period covered by accounting: 12/28/2001
to 07/12/2009
8. Current fair market value of the Trust principal is $ 306,159.56 See page
4 of Account.)
9. State concisely the dispositive provisions of the Trust:
On the death of Settlor, after certain specific bequests set forth in Schedule "B", the
remaining principal and income shall be divided into two trusts, one for each of Settlor's
children, William T. Gordon, Jr. and Elizabeth R. Comstock. William T. Gordon, Jr.
shall receive all income and principal at the discretion of the Trustee for his life. On the
death of William T. Gordon, Jr., the trust shall be held for his issue, currently his only
child, Taylor Marie Gordon, a minor, born 7/29/93. Net income shall be distributed
quarterly and principal as determined by Trustee shall be used for her health,
maintenance and support. The principal and undistributed income shall be distributed to
her when she attains age 30.
10. Explain the reason for filing this Account (if filed because of the death of a party, state
name of person, relationship to Trust and date of death):
Due to death of primary beneficiary, William T. Gordon, Jr., on 7/4/2009, and also due
to the death of the initial and only acting Trustee, Cornelius Furgueson, IV, on
7/12/2009. M&T Bank (formerly Farmers Trust Company) is named in Agreement of
Trust as successor Trustee.
Form oc-oz rev 10.13.06 Page 4 of 10
Name of Trust: BARBARA GORDON TRUST f/b/o William Gordon
11. State why a Petition for Guardiat>/Trustee Ad Litem has or has not been filed for this
Audit (see Pa. O.C. Rule 12.4):
Petition for Guardian Ad Litem has been filed for the reason that funds are to be held by
the Trustee for the benefit of Taylor Gordon until she reaches the age of 30 yeazs;
income and principal distributions allowed to be distributed to such beneficiary's benefit
aze to be held by her pazent who is a child of Barbara Gordon. Such parent is now
deceased and Taylor is age 15. See Petition filed herewith (copy attached hereto).
12. A. State the amount of Pennsylvania Transfer Inheritance Tax and Pennsylvania Estate
Tax paid (including postponed tax on remainder interests), the dates of payment and
the interests upon which such amounts were paid:
Date Payment Interest
12/07/2000
80,000.00
11/26/2001
3,981.00
B. If any such taxes remain unpaid or are in dispute, explain:
13. Describe any questions requiring Adjudication and state the position of Petitioner(s) and
give details of any issues identified in item 2:
Appointment of Guardian ad Litem for benefit of Taylor Gordon, minor beneficiary of
trust. Petitioner agrees with the request in such Petition.
Petitioner files an account of the deceased Trustee during the course of his administration
of such trust.
Farm oc-oz rev 10.!3.06 Page 5 of 10
Name of Trust: BARBARA GORDON TRUST f/b/o William Gordon
14. Written notice of the Audit as required by Pa. O.C. Rules 6.3, 6.7 and 6.8 has been or will
be given to all parties in interest listed in item 15 below. In addition, notice of any
questions requiring Adjudication as discussed in item 13 above has been or will be given
to all persons affected thereby.
A. If Notice has been given, attach a copy of the Notice as well as a list of the names
and addresses of the parties receiving such notice.
B. If Notice is yet to be given, a copy of the Notice as well as a list of the names and
addresses of the parties receiving such Notice shall be submitted at the Audit
together with a statement executed by Petitioner(s) or counsel certifying that such
Notice has been given.
C. If any such party in interest is not sui juris (e.g., minors or incapacitated persons),
Notice of the Audit has been or will be given to the appropriate representative on
such party's behalf as required by Pa. O.C. Rule 5.2.
D. If any charitable interest is involved, Notice of the Audit has been or will also be
given to the Attorney General as required under Pa. O.C. Rule 5.5. In addition,
the Attorney General's clearance certificate (or proof of service of Notice and a
copy of such Notice) must be submitted herewith or at the Audit.
15. List all parties of whom Petitioner(s) has/have notice or knowledge, having or claiming
any interest in the Trust, whether such interest is vested or contingent, charitable or
non-charitable. This list shall:
A. State each party's relationship to the Settlor/Decedent and the nature of each
party's interest(s);
Taylor Marie Gordon
1080 East Bridger
Pahrump, NV 89048
Minor Beneficiary 100% (if living until
age of 30)
Peggy Gordon
1080 East Bridger
Pahrump, NV 89048
Natural guardian of I None
Minor Beneficiary
Form oc-oa rev 10.13.06 Page 6 of 10
Name of Trust: BARBARA GORDON TRUST f/b/o William Gordon
Name
M&T Bank
P.O. Box 220
Carlisle, PA 17013
and
Successor Trustee I None
Robert G. Frey, Esquire Proposed Guardian ad None
5 S Hanover St Litem
Carlisle, PA 17013
B. Identify each party who is not sui juris (e.g., minors or incapacitated persons).
For each such party, give date of birth, the name of each Guazdian and how each
Guardian was appointed. If no Guardian has been appointed, identify the next of
kin of such party, giving the name, address and relationship of each; and
Taylor Marie Gordon, 7/29/1993; next of kin: Peggy Gordon, 1080 East
Bridger, Pahrump, NV 89048; mother
[Subject to Petition for Appointment of Guazdian ad Litem]
C. If distribution is to be made to the personal representative of a deceased party,
state date of death, date and place of grant of Letters and type of Letters granted.
16. If Petitioner(s) has/have knowledge that a Trust share has been assigned or attached,
provide a copy of the assignment or attachment, together with any relevant supporting
documentation.
17. If a trustee's principal commission is claimed:
A. If based on a written agreement, attach a copy thereof.
Form OC-01 rev /0.13.06 Page 7 of 10
Name of Trust: BARBARA GORDON TRUST f/b/o William Gordon
B. If a principal commission is claimed, state amount.
$1,658.17
C. If a principal commission is claimed, state the amounts and dates of any principal
commissions previously paid in prior accounting periods.
Amount Date Paid
24, 279.29 12/28/01-6/30/09
18. If a reserve is requested, state amount and purpose.
9,000.00
Parpose: Thomson Reuters, NY firm, account preparation -$1,500.00
Manson Law Offices, Carlisle, PA, attorney fees - $7,500.00
If a reserve is requested for counsel fees, has notice of the
amount of fees to be paid from the reserve been given to the
parties in interest? ........................................ ®Yes ®No
If so, attach a copy of the notice.
19. Is the Court being asked to direct
the filing of a Schedule of Distribution? .......................... ®Yes ®No
Farm oaoz rev !0.13.06 Page 8 of 10
Name of Trust: BARBARA GORDON TRUST f/b/o William Gordon
Whm~ore, yoau Petitioeeer(s) ask(s) That distn'bution be awarded to the parties entitled
and suggest(s) that the distn'bative shares of income sad priacipai (residuary shares being stated
in proportions, not anloimnta}are as follows:
A. income:
lsJ
B. Principal:
ProprwdoW~rrbrwr(+J ~
Submitted By:
(AUpetitfoners Herat sign.
Add acddttional lines if necessary):
Name of Petitioner: Carol
Name of Petitioner.
Cora: ~ ro.raoe Page 9 of i0
Name of Trust: BARBARA GORDON TRUST f/b/o William Gordon
Verification of Petitioner
(Verification must be by at least one petitioner.)
The undersigned hereby verifies * ~'-°• • • • ifi nd~
'9~~A-@~AYe ~3@}33@~ imnmefee~pefaliefi @s~] that the facts set
forth in the foregoing Petition for Adjudication which are
within the personal knowledge of the Petitioner are true, and as to facts based on the information
of others, the Petitioner, after diligent inquiry, believes them to be true; and that any false
statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 (relating to unswom
falsification to authorities).
C-c~--ter---,
Signature of Pettoner
* Corporate petitioners must complete bracketed information.
Certification of Counsel
The undersigned counsel hereby certifies that the foregoing Petition for Adjudication /
Statement of Proposed Distribution is a true and accurate reproduction of the form Petition
authorized by the Supreme Court, and that no changes to the form have been made beyond the
responses herein.
~~
Signature of Counsel for Petitioner
Form oc-az rev 10.13.06 Page 10 of 10
~u,~s3as.cti
' smst
AGREEIVVIffiV'I' OF TRUST
AGREE11~iE1VT OP TRUST made and entered into this ~ day of
~r11-Q/~~ , 199 ~, by and between BARBARA ROTH GORDON, of the Borough of
Carlisle, Cumberland County, Pennsylvania, (hereinafter referred to as "Settler"), and
BARBARA ROTH GORDON and CORNBIIUS FURGUE.SON IV, of New York, New York,
(hereinafter referred to as "Trustees").
Intending to be legally bound hereby, the parties hereto do hereby agree as follows:
ARTICLE I
Settler hereby transfers to Trustees, in tntst, for the purposes hereinafter set forth, the
Property as set forth in Schedule "A" attached hereto and made part hereof and such other
property as from time to time trdnaferred by Settler to Tnrstees.
The Trustees shall collect the income from the Trust Estate and shall pay all Proper
charges and expenses. The net income of the Trust Estate after payment of all such charges and
expenses shall be held, administered and invested by the Trustees, to be distributed, together
with the net incon-e and such accumulated income and corpus, as provided in Schedule "B"
hereto and made part hereof. Upon the death of Settler, the corpus and accrued income, if any,
shall be distributed as further provided in Schedule "B", attached hereto signed and dated and
as from time to time revised and made part hereof. All dividends payable in shares of stock in
the corporations declaring the dividends shall be treated as principal without regard to the
number of shares payable.
During the lifetime of Settler, this Trust may be revoked by the said Settler by giving
five (5) days written notice to the Trustees hereunder, and in such case, all property whether
principal or accrued income or any combination of the foregoing being held in the Trust shall
be distributed to Settler. Further, during the lifetime of Settler, this Trust may be altered or
amended by amendment of this Trust Agreement signed by both Settler and Trustees.
ARTICLE IV
No part of the income or principal of the property held under this Trust or trusts
-1-
subsequently created hereunder 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 thereof. The Trustees shall pay over the net income and the principal of the parties
herein designated, as their interests may appear, without regard to any attempted anticipation,
pledging or assignment by any beneficiary of these tnrsts, and without regard to any claim
thereto or attempted levy, attachment, seizure or other process against said beneficiary.
In addition to the powers conferred by case law, by statute, and by other provisions
hereof, the Trustees and successor Trustees, shall have the following discr~ionary powers
applicable to all property held which powers shall be effective without order of any court and
shall exist until final distribution:
(a) To retain any Property of any nature received far whatever period the Trustees
shall deem advisable;
(b) To invest and reinvest all or any past of said property in such stocks, bonds,
securities or other property, real or personal, as the Trustees shall deem proper, without regard
to statutes limiting the property which a fiduciary may purchase;
(c) To sell, transfer, exchange or otherwise dispose of, any part of said property, for
cash or on terms, publicly or privately, or to lease, even for a term exceeding five (5) years or
the duration of any trust herein, without liability on the purchasers or lessees to see to the
application of the proceeds, a~ to give options for these purchases without the obligation to
repudiate them in favor of a higher offer;
(d) To execute and deliver any deeds, leases, assignments or other instruments as may
be necessary to carry out the provisions of the Trust;
(e) To borrow money, including the right to borrow money from any bank and to
mortgage or pledge any asset of the estate as security;
(f) To assume continuance of the status of any beneficiary with regard to death,
marriage, divorce, illness, incapacity and the like in the absence of information deemed reliable
without liability for disbursements made on such assumption;
(g) To pay from the corpus of the Trust, or the income therefrom, all debts, claims,
taxes or simiIaz charges;
-2-
(h) To make any distribution hereunder either in kind or in money, or partially in
kind and partially in money. Distribution in kind shall be made at the market value of the
property distributed, and the Trustees, in their absolute discretion, may cause the share
di~dbuted to any distributee to be composed of property similar to or different from that
distributed to any other distributes;
(i) To exercise any subscription right in connection with any security held hereunder,
to consent to or participate in any recapitalizatiion, reorganization, consolidation or merger of
any corporation, company or association, the securities of which may be held hereunder, to
delegate authority with respect thereto, to deposit investments under agreements, to pay
assessments, and generally to exercise all rights of investors;
(j) To invest in endowment, insurance or annuity policies on the lives of beneficiaries
of the Trust hereunder;
(Ic) To continue in any parhrership, joint vesture, joint ownership or other business
enterprise of which 5ettlor is a part at the time of her death;
(1) To compromise claims;
(m) To wntinue for whatever period of time as the Trustees shall deem necessary any
ownership as a tenant in common or as a partner, in real estate or other property and to act as
Settlor could have acted while living;
(n) To employ agents, attorneys and pmxies and to delegate to them such powers as
the Trustees consider desirable and to pay n~sonable compensation for such services as may be
rendered by such agents, attorneys and proxies;
(o) To do all other acts in the judgment of the Trustees necessary or desirable for the
proper management, investment and distribution of Settlor's Estate.
Notwithstanding any other provision hereof and further not withstanding the provisions
of the common or statutory laws of the Commonwealth of Pennsylvania, the co-Trustees
hereunder shall be at liberty to act either jointly or severally with respect to all matters which
may require action by a trustee.
ARTICLE VII
The Tnastees hereunder shall receive compensation in accordance with any standard
-3-
schedule of fees which such Trustee has in effect at such time as any such services are
performed. All such fees shall be allocated one-third (1/3) to income and two-thirds (2/3) to
principal.
In the event that the said BARBARA ROTH GORDON shall become unable or unwilling
to continue to act as Trustee, then she shall have the option to appoint a successor Trustee to
act in her stead. In the event she shall be unable to appoint a successor Trustee, then
FARMERS TRUST COMPANY, of Carlisle, Pennsylvania, shall act in her stead.
In the event the said CORNEI.IUS FURGUESON IV shall be unable or unwilling to act
or continue to act as Trustee, then FARMERS TRUST COMPANY, of Carlisle, Pennsylvania,
shall act as Trustee in his stead.
ARTICLE I7C
This Trust shall be administered and interpreted in accordance with the laws of the
Commonwealth of Pennsylvania.
IN WITNESS WIIH,REOF, 5ettlor and Trustees have hereunto set their hands and seals
the day and year aforesaid.
Witness: S~/ET1'LOR:
Bazbara Rath Gordon
TRUSTEBS:
~~
Barfiara Roth Gordon v
c
Cornelius Furgueson IV
-4-
COMMONWEALTH OF PENNSYLVANIA )
. SS.
COUNTY OF CUMBERLAND )
On this, the ~~ day of ` ~~n~~ 19~''{, before me, the undersigned
officer, personally appeared BARBARA ROTH GORDON, known to me to be the person whose
name is subscribed to the within instrument, and acknowledged that she executed the same for
the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and notarial seat.
Notary Public
Nolarfel sad
eo~~~~~r
My comniaeion ~ May 22,196E
STATE OF NEW YORK )
SS.
COUNTY OF New ~cs,k.,. )
On this, the ,~ Sr day of ~t1 c~i c 1~ , 19Qy, before me, the undersigned
officer, personally appeared CORNELdU5 FURGUESON IV, known to me or satisfactorily
proven to be the person whose name is subscribed to the within instrument, and acknowledged
that he executed the foregoing instrument for the purposes therein contained.
IN WITNESS WF~2EOF, I hereunto set my hand and official seal the day and year
aforesaid.
11 ~Qllcm ~ ,~.~a~_____
Notary Public
MAF~ONE. GELLER
NOTARYPUBLIC, BWeotNewltxk
NO 31-4778722
OuaY6ed m New ltxk CaxMy
7brtn Exp~aOx.3t, ~'~
-5-
s.~ [..r.~,~. o~ ~ l3, Jg ~
SCHEDULE "B..
1. During the lifetime of Settlor, the net income of the Trust, if any, shall be paid
to or for the nefit of Settlor in at least quarterly installments, and the principal of the Trust,
if any, or any rtion of the principal, shall be paid as Settlor, or someone acting legally on
Settlor's behalf, m demand. Even though Settlor is not adjudicated incompetent, if Settlor is
under a legal disab' or because of mental or physical disability is, in the opinion of the
Trustees hereunder, un~ile to make reasoned demands for amounts from the principal, the
Trustees hereunder shall ~y for Settlor's benefit such amount from the principal as may be
necessary to maintain for Se r a standard of living approximately equal to that maintained by
Settlor during Settlor's lifetim and to meet Settior's expense arising from ill health or
invalidism.
2. Upon the death of Seal the principal and undistributed income, if any, shall
be distributed, in equal shares, unto 5e is children, WII.I.IAM T. GORDON, JR. and
ELIZABETH R. COMSTOCK, absolutely.
3. In the event that either of Settlor's ' dren shall predecease or fail to survive
Settlor and but shall leave issue surviving, then such d sed child's share shall be held by the
Trustee and the net income therefrom used for the support, aintenance and education of the
issue of such deceased child, in equal shares. The Trustees use as much of the principal
as the Trustee shall deem necessary or desirable for said purposes. The Trustee shall further
distribute absolutely the principal of such share of such deceased c ' to the issue of such
deceased child per stirpes as each shall attain the age of twenty-one (21) ears.
4. In the event that either of Settlor's children shall fail to survi a Settlor and not
leave issue surviving, then such deceased child's share shall be added to the s of Settlor's
other child or his or her issue as if originally a part thereof.
Schedule B executed this '~ a'h day of , 19g
Witness:
~~ ~ ~~~
Barbara Roth Gordon
Settlor
FIRST MRND FNT TO SC Fni ii F "B"
OF ACRFFM~NT OF TRUST DATA MAR[`H n ~ ood
RF.TWEF_N BA_RR~RA ROTH C~RDON_ SETTI,OR ND
RARR RA ROTH CORDON AND CO NFi.iirc Frmr,Fr_r_eniv~ly~ 7'u c~r~~e
1. During the lifetime of Settlor, the net income of the Trust, if any, shall be paid to
or for the benefit of Settlor in at least quarterly installments, and the principal of the Trust, if any,
or any portion of the principal, shall be paid as Settlor, or someone acting legally on Settlor's
behalf, may demand. Even though Settlor is not adjudicated incompetent, if Settlor is under a
legal disability or because of mental or physical disability is, in the opinion of the Trustees
hereu~er, unable to make reasoned demands for amounts from the principal, the Trustees
hereunder shall pay for Settlor's benefit such amount from the principal as may be necessary to
0 maintain for Settlor a standard of living approximately equal to that maintained by Settior during
Settlor's lifetime, and to reset Settlor's expense arising from ill health or invalidism.
2. Upon the death of Settlor, the principal and undistributed income, if any, shall be
distributed as follows:
a. The sum of Ten Thousand Dollars (S 10,000.00) shall be distributed to each
of ST. ]OHN'S EPISCOPAL CHURCH, Carlisle, Pennsylvania, and SKIDMORE
COLLEGE.
b. The sum of Ten Thousand Dollars (~ 10,000.00) shall be distributed to each
of Settlor's grandchildren, WILLIAM COMSTOCK, PAUL KEVIN COMSTOCK,
CHRISTINA COMSTOCK and TAYLOR MARIE CORDON. In the event that any of the
foregoing grandchildren of Settlor shall not have attained the age of 18 years as of the date
of Setttor's death, such bequest for such grandchild shall be held by such grandchild's parent
who shall be the son or daughter, as the case may be, of Settlor for the benefit of such
grandchild and distributed to such grandchild as such grandchild shall attain the age of 18
years.
c. The remaining principal, and undistributed income, if any, shall be divided
into two (2) equal shares with one such share held for the benefit of Settlor's son, WILLIAM
T. CORDON, JR., aad the other such share held for the benefit of Settlor's daughter,
ELIZABETH R. COMSTOCK. Income from each such share shall be distributed to the
beneficiary thereof, no less often than quarterly. Further, as much of the principal as the
Trustee, in the Trustee's sole discretion, shall determine shall be used for the health,
maintenance and support of such beneficiary taking into account the other resources such
beneficiary has available to him or her. Upon the death of the said income beneficiary, the
principal and undistributed income, if any, of each such share shall be distributed to the issue
of such beneficiary, per stirpes; provided, however, in the evertt that any distributee shall fail
to have attained the age of thirty (30) years at the death of the income beneficiary, such share
of such distributee shall be held in fiuther trust for such distributce upon the terms and
conditions hereof to be distributed absolutely upon such distributce's attaining the age of
thirty (30) years.
3. In the event that either of Settlor's children shall fail to survive Settlor and not leave
issue surviving, then such deceased child's share shall be added to the share of Settlor's other child
or his or her issue as if originally a part thereof.
First Arnendrnent to Schedule B executed this
witness:
~' ~t day of , 1997.
~~
/G'i-riC. ~'o-t~.r -~
Barbara Roth Gordon
Settlor
~.
IN RE: TRUST FOR BENEFIT OF : IN THE COURT OF COMMON PLEAS OF
WILLIAM T. GORDON, JR.,UNDER :CUMBERLAND COUNTY, PENNSYLVANIA
AGREEMENT DATED 03/04/1994,
AS AMENDED, OF :ORPHANS' COURT DNISION
BARBARA GORDON, DECEASED N0.21-00-0898
NOTICE OF FILING FIRST AND PARTIAL ACCOUNT AND
PETITION FOR ADJUDICATION
AND CALL FOR AUDIT OR CONFIRMATION
NOTICE IS HEREBY GNEN that Carol Furgueson, Executrix of the Estate of Cornelius Furgueson
N, Trustee, deceased, has this date filed the First and Partial Account and Petition for Adiudication in the
above-captioned Trust in the Office of the Clerk of the Orphans' Court in and for Cumberland County,
Pennsylvania, where the same is filed as public record and may be inspected. A copy of said Account and
P to ition as filed is enclosed.
YOU ARE FURTHER NOTIFIED that any exceptions or obj ections to said Account or Petition must
be filed in writing at the office of the Clerk of the Orphans' Court, Cumberland County Courthouse, Carlisle,
PA 17013, aforesaid prior to the confirmation of said Account scheduled as set forth below.
UNLESS written exceptions or objections are filed prior thereto, said Account will be presented by
the Clerk of the Orphans' Court to the above-captioned Court in Court Room No. 1 of the Cumberland
County Courthouse, Carlisle, Pennsylvania, at 9:30 a.m. prevailing time, on Tuesday, June 22, 2010, at which
time said Account will be confirmed.
Date of Notice: ~' j ~!O
MART N LAW OFFICES
By:
No V. Otto III, Esquire
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorney for Trustee
NOTICES TO (Via First Class Mail and Certified Mail, RRR):
Ms. Carol Furgueson, Executrix Ms. Taylor Marie Gordon, Minor
Estate of Cornelius Furgueson, N, deceased c/o Peggy Gordon, natural guardian
c/o Beacon Global Asset Management 1080 East Bridger
formerly Furgueson Capital Management Pahrump, NV 89048
19 W 44~' Street, Suite 812
New York, NY 10036 Robert G. Frey, Esquire
proposed Guardian ad Litem for
M&T Bank Taylor Marie Gordon, Minor
P.O. Box 220 5 South Hanover Street
Carlisle, PA 17013 Carlisle, PA 17013
Ms. Taylor Marie Gordon, Minor
1080 East Bridger
Pahrump, NV 89048
IN RE: TRUST FOR BENEFIT OF IN THE COURT OF COMMON PLEAS OF
WILLIAM T. GORDON, JR.,UNDER :CUMBERLAND COUNTY, PENNSYLVANIA
AGREEMENT DATED 03/04/1994,
AS AMENDED, OF :ORPHANS' COURT DIVISION
BARBARA GORDON, DECEASED NO. 21-00-0898
CERTIFICATE OF SERVICE
I, Corrine L. Myers, an authorized agent for Martson Deazdorff Williams Otto Gilroy &
Faller, hereby certify that a copy of the foregoing Notice of Filing First and Partial Account and
Petition for Adjudication and Call for Audit or Confirmation, together with a copy of said Account
and Petition was served this date by depositing same in the Post Office at Cazlisle, PA, first class
mail and certified mail, return receipt requested, postage prepaid, addressed as follows:
Ms. Carol Furgueson, Executrix
Estate of Cornelius Furgueson, IV, deceased
c/o Beacon Global Asset Management
formerly Furgueson Capital Management
19 W 44`x' Street, Suite 812
New York, NY 10036
M&T Bank
P.O. Box 220
Carlisle, PA 17013
Ms. Taylor Marie Gordon, Minor
1080 East Bridger
Pahrump, NV 89048
Ms. Taylor Marie Gordon, Minor
c/o Peggy Gordon, natural guardian
1080 East Bridger
Pahrump, NV 89048
Robert G. Frey, Esquire
proposed Guardian ad Litem for
Taylor Marie Gordon, Minor
5 South Hanover Street
Cazlisle, PA 17013
MARTSON LAW OFFICES
By ~ ~ U
10 East High Street
Carlisle, PA 17013
(717)243-3341
Dated: (o l ~ /~O
F:\FQ,ES\Climb\5345 Gordon\5345.I.wgordoo.cc ~ccouot
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
ORPHANS' COURT DIVISION
FILE NO. 21-00-0898
FIRST AND PARTIAL ACCOUNT
for the trust for the benefit of William T. Gordon, Jr.
under Agreement of Trust of Barbara Gordon dated March 4, 1994,
Stated by Carol Furgueson, Executrix of the Estate of
Cornelius Furgueson IV, Trustee, Deceased
Date of First Receipt of Funds:
Accounting for the period:
December 28, 2001
12/28/01-07/12/09
Purpose of the Account: The Trustee offers this Account to acquaint interested parties with
the transactions that have occurred during the administration.
It is important that the Account be carefully examined. Requests for additional information,
questions or objections can be discussed with:
No V. Otto III, Esquire
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Supreme Court I.D. No. 27763
N
O
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0 77
SUMMARY OF ACCOUNT
Pages
PRINCIPAL
Receipts
Net Losses on Disposition
Less Disbursements:
Fees and Commissions
General Disbursements
Balance Before Distributions
Distributions to Beneficiaries
Principal Balance on Hand
For Information:
Investments Made
Changes in Investment Holdings
INCOME
Receipts
Less Disbursements
Balance Before Distributions
Distributions to Beneficiaries
Income Balance on Hand
COMBINED BALANCE ON IIAND
Verification
3
3
3
3 34,937.46
3 690.00
4
4
4
4
4
4
5
5
6
535,315.29
-64.329.09
470,986,20
-35.627.46
435,358.74
-128,376.12
306,982.62
S 30~ 6.982.62
-2-
PRINCIPAL RECEIPTS
Prior Award:
Assets Received by Trustee pursuant to Receipt, Release and Refunding
Agreement dated 12/18/01:
See Schedule A, attached hereto
Subsequent Receipts:
None
TOTAL PRINCIPAL RECEIPTS:
$ 535,315.29
$ 535,315.29
PRINCIPAL GAINS AND LOSSES ON SALES OR OTHER DISPOSITIONS
Principal Gains:
See Schedule A-1, attached hereto $ 11,999.05
Principal Losses:
See Schedule B, attached hereto -76.328.14
TOTAL PRINCIPAL GAINS/LOSSES ON DISPOSITION: $ -64,329.09
PRINCIPAL DISBURSEMENTS
Fees and Commissions:
Cornelius Furgueson, IV, Trustee annual commissions;
See Schedule C, Page 1, attached hereto $ 22,415.05
United States Trust Company, N.A., custody fees;
See Schedule C, Page 2, attached hereto 1,513.01
Bank of America, N.A., asset fees;
See Schedule C, Pages 2-3, attached hereto 351.23
Reserved, Estate of Cornelius Furgueson, commissions due
[see Schedule H-1&2] 1,658.17
Reserved, Thomson Reuters, Account prepazation 1,500.00
Reserved, Martson Law Offices, Attorney fees 7,500.00 34,937.46
General Disbursements:
United States Treasury, Fiduciary Income Tax;
See Schedule C, Page 3, attached hereto 57.00
Pennsylvania Depar~nent of Revenue, State Fiduciary
Income Tax; See Schedule C, Page 3, attached hereto 633.00 690.00
TOTAL PRINCIPAL DISBURSEMENTS: 35,627.46
-3-
PRINCIPAL DISTRIBUTIONS TO BENEFICIARIES
To: William T. Gordon, Jr.
See Schedule D, Page 1, attached hereto
124,791.00
To: Taylor Gordon (for expenses of William T. Gordon, Jr.)
See Schedule D, Page 2, attached hereto 3.585.12
TOTAL PRINCIPAL DISTRIBUTIONS TO BENEFICIARIES: $ 128,376.12
PRINCIPAL BALANCE ON HAND
Value at Fiduciary
7/12/09 Acquisition
Value
See Schedule F, Pages 1-2, attached hereto $ 306.159.56 $ 317.640.79
TOTAL PRINCIPAL BALANCE ON HAND: $ 306,159.56 $ 317,640.79
PRINCIPAL INVESTMENTS MADE
See Exhibit 1, Pages 1-5, attached hereto
TOTAL PRINCIPAL INVESTMENTS MADE:
See Schedule E, Pages 1-17, attached hereto
RECEIPTS OF INCOME
All income was converted to Principal and is not shown separately herein.
DISBURSEMENTS OF INCOME
All income was converted to Principal and is not shown separately herein.
$ 688.430.01
$ 688,430.01
-4-
DISTRIBUTIONS OF INCOME TO BENEFICIARIES
All income was converted to Principal and is not shown separately herein.
INCOME BALANCE ON HAND
All income was converted to Principal and is not shown sepazately herein.
CORNELNS FU UESON, N
By: tc.-~. ereC
Cazol Furgueson, Execu 'x of the Estate of
Cornelius Furgueson, N, Trustee, Deceased
-5-
VERIFICATION
Carol Furgueson, Executrix of the Estate of Cornelius Furgueson, N, Trustee under the
Agreement of Trust dated March 4, 1994, for benefit of William T. Gordon, Jr., hereby declares
under oath that, with respect to the facts set forth in the foregoing Account which are within the
personal knowledge of the Accountant and as to facts based on the information of others after
diligent inquiry, Accountant states that to the best of her knowledge and information, said Trustee
has fully and faithfully discharged the duties of his office; that the foregoing First and Partial
Account is true and correct and fully discloses all significant transactions occurring during the
accounting period; that all known claims against the Trust throughout said accounting period have
been paid in full; that, to its knowledge, there are no claims now outstanding against the Trust for
said accounting period; that all taxes due from the Trust during said accounting period have been
paid.
This statement is made subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn
falsification to authorities.
c.<-~~----~
Carol Furgueson
Dated: ~l g l l~
-6-
~ _.~
' SCHEDULE A
STATEMENT SHOWING (A) ALL ORIGINAL PROPERTY RECEIVED BY THE
TRUSTEE AND (B) ALL ADDITIONAL PROPERTY SUBSEQUENTLY RECEIVED
TO CONSTITUTE PRINCIPAL OF THE TRUST
(A) ALL ORIGINAL PROPERTY RECEIVED
BY THE TRUSTEE
------------------------------
STOCKS
12/28/01 600. SHS.
AMERICAN HOME PRODUCTS CORP.,
COMMON
12/28/01 150. SHS.
BLACK & DECKER CORP., COMMON
12/28/01 750. SHS.
CORNING INC., COMMON
12/28/01 1,712. SHS.
EXXON MOBIL CORP., COMMON
12/28/01 3,000. SHS.
GENERAL ELECTRIC COMPANY, COMMON
12/28/01 200. SHS.
INTERNATIONAL BUSINESS MACHINES
CORP., COMMON
12/28/01 285. SHS.
INTERNATIONAL PAPER COMPANY,
COMMON
12/28/01 750. SHS.
J.P. MORGAN CHASE & COMPANY,
COMMON
12/28/01 250. SHS.
MCCORMICK & COMPANY, INC.,
COMMON
INVENTORY
VALUE
$36,816.00
5,659.50
6,690.00
67,281.60
120,240.00
24,192.00
11,499.75
27,262.50
10,492.50
SCHEDULE A
PAGE 1
SCHEDULE A (CONTINUED)
INVENTORY
VALUE
12/28/01 250. SHS.
NORFOLK SOUTHERN CORP., COMMON 4,582.50
12/28/01 250. SHS.
PEPSICO, INC., COMMON
12/28/01 1,800. SHS.
PFIZER INC., COMMON
12/28/01 100. SHS.
SCHLUMBERGER LTD., COMMON
12/28/01 150. SHS.
UNION PACIFIC CORP., COMMON
2000 U.S. ESTATE TAX REFUND
---------------------------
9/17/02 CASH
12,172.50
71,730.00
5,495.00
8,550.00 $412,663.85
$132.50 132.50
RECEIVED FROM EXPRESS FINANCIAL
SERVICES, INC.- PAY-OFF OF
COMSTOCK MORTGAGE & BACK
INTEREST
8/29/02 CASH
CASH
1/08/02 CASH
2/08/02 CASH
TOTAL ORIGINAL PROPERTX
$84,478.70 84,478.70
$30,000.00
8,040.24 38,040.24
--------------- ---------------
$535,315.29
SCHEDULE A
PAGE 2
~ ~~
SCHEDULE A (CONTINUED)
INVENTORY
VALUE
(B) ALL ADDITIONAL PROPERTY SUBSEQUENTLY
RECEIVED TO CONSTITUTE PRINCIPAL OF
THE TRUST
------------------------------------
NONE
TOTAL SCHEDULE A
$535,325.29
----------------
---------------
SCHEDULE A
PAGE 3
_) _~
SCHEDULE A-1
STATEMENT SHOWING ALL INCREASES RESULTING FROM
SALE OR OTHER DISPOSITION OF PRINCIPAL ASSETS
SALES AND REDEMPTIONS
---------------------
BRISTOL-MYERS SQUIBB COMPANY,
4.75 DUE 10/1/2006
5/02/05 $25,000.
EXXON MOBIL CORP., COMMON
4/05/02 712. SHS.
10/19/06 300. SHS.
SCHERING-PLOUGH CORP., COMMON
9/14/07 .98 SH.
TOTAL SALES AND REDEMPTIONS
TOTAL SCHEDULE A-1
PROCEEDS OR
DISTRIBUTION INVENTORY
VALUE VALUE INCREASE
--------------- --------------- --------------
$25,351.50 $25,021.00 $330.50
30,549.91 27,981.60 2,568.31
20,884.03 11,790.00 9,094.03
29.27 23.06 6.21
--------------- --------------- --------------
$76,814.71 $64,815.66 $11,999.05
--------------- --------------- --------------
$76,814.71 $64,815.66 $11,999.05
SCHEDULE A-1
__~ _~
SCHEDULE B
STATEMENT SHOWING ALL DECREASES RESULTING FROM
SALE OR OTHER DISP052TION OF PRINCIPAL ASSETS
PROCEEDS OR
DISTRIBUTION INVENTORY
SALES AND REDEMPTIONS
---------------------- -- VALUE
------------- -- VALUE
------------- - DECREASE
--------------
BOEING CAPITAL CORP.,
5.75 DUE 4/15/2009
4/15/09 $25,000. $25,000.00 $25,000.00. $0.00
GENERAL MOTORS ACCEPTANCE CORP.,
5.755 DUE 4/15/2007
3/13/07 $25,000. 24,875.00 25,000.00 125.00
GENERAL MOTORS ACCEPTANCE CORP.,
5.20 DUE 4/15/2008
4/15/08 $25,000. 25,000.00 25,000.00 0.00
BLACK & DECKER CORP., COMMON
3/17/09 150. SHS. 3,389.68 5,659.50 2,269.82
GENERAL ELECTRIC COMPANY, COMMON
4/05/02 1,500. SHS. 54,571.74 60,120.00 5,548.26
INTERNATIONAL PAPER COMPANY,
COMMON
10/19/06 285. SHS. 9,856.84 11,499.75 1,642.91
J.P. MORGAN CHASE & COMPANY,
COMMON
3/17/09 900. SHS. 19,495.33 32,576.98 13,081.65
PFIZER INC., COMMON
4/05/02 800. SHS. 30,370.79 31,880.00 1,509.21
3/17/09 1,000. SHS. 13,451.32 39,850.00 26,398.68
TRC COMPANIES INC., COMMON
10/19/06 300. SHS. 2,709.45 7,828.53 5,119.08
WYETH, COMMON
3/17/09 600. SHS. 25,295.85 36,816.00 11,520.15
SCHEDULE B
PAGE 1
-) _,~
SCHEDULE B (CONTINUED)
PROCEEDS OR
DISTRIBUTION INVENTORY
VALUE VALUE DECREASE
XEROX CORP., COMMON
3/17/09 1,000. SHS. 4,767.47 13,880.85 9,113.38
BANK OF AMERICA, N.A.- MONEY
MARKET SAVINGS ACCOUNT
3/31/08 $67.00 67.00 67.00 0.00
4/24/08 $789.00 789.00 789.00 0.00
5/05/08 $788.00 788.00 788.00 0.00
5/30/08 $23.00 23.00 23.00 0.00
6/O1/OS $26,922.00 26,922.00 26,922.00 0.00
6/13/08 $22.59 22.59 22.59 0.00
7/15/08 $21.44 21.44 21.44 0.00
8/08/08 $3,000.00 3,000.00 3,000.00 0.00
8/7.4/OS $21.74 21.74 21.74 0.00
9/02/08 $23,856.81 23,856.81 23,856.81 0.00
CUSTODY BANK OF AMERICA MONEX
MARKET SAVINGS ACCOUNT
9/05/08 $4,000.00 4,000.00 4,000.00 0.00
9/15/08 $21.48 21.48 21.48 0.00
9/19/08 $788.67 788.67 788.67 0.00
10/15/08 $20.08 20.08 20.08 0.00
11/10/08 $788.57 788.67 788.67 0.00
11/17/08 $17.34 17.34 17.34 0.00
11/20/08 $4,000.00 4,000.00 4,000.00 0.00
12/12/08 $15.96 15.96 15.96 0.00
1/15/09 $15.92 15.92 15.92 0.00
2/09/09 $623.59 623.59 623.59 0.00
2/11/09 $4,000.00 4,000.00 4,000.00 0.00
2/13/09 $16.76 16.76 16.76 0.00
3/13/09 $16.76 16.76 16.76 0.00
4/06/09 $3,500.00 3,500.00 3,500.00 0.00
4/14/09 $16.76 16.76 16.76 0.00
5/01/09 $623.59 623.59 623.59 0.00
5/07/09 $5,000.00 5,000.00 5,000.00 0.00
5/14/09 $16.76 16.76 16.76 0.00
6/02/09 $5,807.00 5,807.00 5,807.00 0.00
6/12/09 $16.76 16.76 16.76 0.00
7/08/09 $3,585.12 3,585.12 3,585.12 0.00
EXCELSIOR MONEY FUND
3/25/02 $710.00 710.00 710.00 0.00
3/27/02 $355.00 355.00 355.00 0.00
SCHEDULE B
PAGE 2
_)
SCHEDULE B (CONTINUED)
PROCEEDS OR
DISTRIBUTION
VALUE
~~
INVENTORY
VALUE DECREASE
EXCELSIOR MONEY FUND (CONTINUED)
3/29/02 $33.00 33.00 33.00 0.00
4/18/02 $25,077.00 25,077.00 25,077.00 0.00
4/19/02 $25,000.00 25,000.00 25,000.00 0.00
4/23/02 $25,000.00 25,000.00 25,000.00 0.00
6/11/02 $741.00 741.00 741.00 0.00
6/28/02 $60.00 60.00 60.00 0.00
8/26/02 $706.00 706.00 706.00 0.00
9/30/02 $54.00 54.00 54.00 0.06
11/19/02 $723,00 723.00 723.00 0.00
12/03/02 $2,000.00 2,000.00 2,000.00 0.00
12/31/02 $58.00 58.00 58.00 0.00
2/11/03 $735.00 735.00 735.00 0.00
3/06/03 $296.00 296.00 296.00 0.00
3/31/03 $59.00 59.00 59.00 0.00
4/08/03 $20,000.00 20,000.00 20,000.00 0.00
4/15/03 $25,000.00 25,000.00 25,000.00 0.00
5/01/03 $735.00 735.00 735.00 0.00
6/30/03 $59.00 59.00 59.00 0.00
7/17/03 $11,800.00 11,800.00 11,800.00 0.00
8/05/03 $743.00 743.00 743.00 0.00
8/11/03 $2,500.00 2,500.00 2,500.00 0.00
9/30/03 $61.00 61.00 61.00 0.00
10/20/03 $12,521.00 12,521.00 12,521.00 0.00
11/05/03 $743.00 743.00 743.00 0.00
12/09/03 $16,069.00 16,069.00 16,069.00 0.00
12/31/03 $61.00 61.00 61.00 0.00
2/19/04 $96.00 96.00 96.00 0.00
2/23/04 $749.00 749.00 749.00 0.00
3/11/04 $7,000.00 7,000.00 7,000.00 0.00
3/31/04 $62.00 62.00 62.00 0.00
4/01/04 $39,760.00 39,760.00 39,760.00 0.00
UNITED STATES TRUST COMPANY OF
N.A. - MARKET RATE ACCOUNT
6/10/04 $747.00 747.00 747.00 0.00
6/30/04 $62.00 62.00 62.00 0.00
7/20/04 $13,881.00 13,881.00 13,881.00 0.00
8/13/04 $748.00 748.00 748.00 0.00
8/23/04 $3,000.00 3,000.00 3,000.00 0.00
9/30/04 $62.00 62.00 62.00 0.00
11/03/04 $2,850.00 2,850.00 2,850.00 0.00
SCHEDULE B
PAGE 3
SCHEDULE B (CONTINUED}
UNITED STATES
N.A. - MARKET
11/15/04
11/22/04
12/31/04
2/02/05
2/14/05
2/28/05
3/31/05
4/18/05
5/03/05
6/29/05
6/30/05
7/05/05
9/29/05
9/30/05
10/14/05
lI/01/05
11/22/05
12/30/05
2/03/06
3/02/06
3/06/06
3/31/06
4/05/06
5/02/06
6/29/06
6/30/06
8/09/06
8/15/06
9/11/06
9/29/06
10/23/06
11/20/06
12/05/06
12/29/06
2/12/07
3/20/07
3/30/07
4/02/07
5/07/07
6/27/07
6/29/07
SCHEDULE $
PAGE 4
TRUST COMPANY
RATE ACCOUNT
$749.00
$1,500.00
$62.00
$1,200.00
$762.00
$177.00
$65.00
$2,000.00
$838.00
$15,858.00
$62.00
$2,500.00
$2,000.00
$62.00
$762.00
$762.00
$2,000.00
$62.00
$749.00
$349.00
$1,324.00
$64.00
$451.00
$1,198.00
$2,000.00
$65.00
$1,865.00
$818.00
$2,500.00
$64.00
$1,000.00
$749.00
$2,500.00
$68.00
$785.00
$2,000.00
$68.00
$477.00
$785.00
$1,200.00
$71.00
PROCEEDS OR
DISTRIBUTION
VALUE
OF
(CONTINUED)
749.00
1,500.00
62.00
1,200.00
762.00
177.00
65.00
2,aoo.oo
838.00
15,858.00
62.00
2,500.00
2,000.00
62.00
762.00
762.00
2,000.00
62.00
749.00
349.00
1,324.00
64.00
451.00
1,198.00
2,000.00
65.00
1,865.00
818.00
2,500.00
64.00
1,000.00
749.00
2,500.00
68.00
785.00
2,000.00
68.00
477.00
785.00
1,200.00
71.00
INVENTORY
VALUE DECREASE
0.00
0.00
0.00
o.ao
0.00
0.00
0.00
o.oo
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
749.00
1,500.00
62.00
1,200.00
762.00
177.00
65.00
2,000.00
838.00
15,858.00
62.00
2,500.00
2,000.00
62.00
762.00
762.00
2,000.00
62.00
749.00
349.00
1,324.00
64.00
451.00
1,198.00
2,000.00
65.00
1,865.00
818.00
2,soo.oo
64.00
1,000.00
749.00
2,500.00
68.00
785.00
2,000.00
68.00
477.00
785.00
1,200.00
71.00
_~
SCHEDULE B (CONTINUED)
PROCEEDS OR
DISTRIBUTION
VALUE
---------------
UNITED STATES TRUST COMPANY OF
N.A. - MARKET RATE ACCOUNT (CONTINUED)
8/07/07 $6,800.00 6,800.00
8/08/07 $786.00 786.00
9/28/07 $71.00 71.00
7.0/30/07 $833.00 833.00
11/01/07 $1,500.00 1,500.00
12/31/07 $72.00 72.00
1/25/08 $4,000.00 4,000.00
2/24/08 $6,786.00 6,786.00
2/25/08 $788.00 788.00
---------------
TOTAL SALES AND REDEMPTIONS
TOTAL SCHEDULE B
INVENTORY
VALUE
6,800.00
786.00
71.00
833.00
1,500.00
72.00
4,000.00
6,786.00
788.00
---------------
DECREASE
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
--------------
$642,309.27 $718,637.41 $76,328.14
--------------- -----=--------- --------------
$642,309.27 $718,637.41 $76,328.14
_______________ _______________ ___c.-~=c==s===
SCHEDULE B
PAGE 5
SCHEDULE C
STATEMENT SHOWING ALL PAYMENTS FROM PRINCIPAL FOR
ADMINISTRATION AND OTHER NECESSARY EXPENSES
CORNELIUS FURGUESON IV- PAYMENT
OF TRUSTEE'S ANNUAL COMMISSIONS
3/25/02 FOR PERIOD ENDED 3/31/02
6/11/02 FOR PERIOD ENDED 6/30/02
8/26/02 FOR PERIOD ENDED 9/30/02
11/19/02 FOR PERIOD ENDED 12/31/02
2/11/03 FOR PERIOD ENDED 3/31/03
5/01/03 FOR PERIOD ENDED 6/30/03
8/OS/03 FOR PERIOD ENDEb 9/30/03
11/05/03 FOR PERIOD ENDED 12/31/03.
2/23/04 FOR PERIOD ENDED 3/31/04
6/10/04 FOR PERIOD ENDED 6/30/04
8/13/04 FOR PERIOD ENDED 9/30/04
11/15/04 FOR PERIOD ENDED 12/31/04
2/14/05 FOR PERIOD ENDED 3/31/05
5/03/05 FOR PERIOD ENDED 6/30/05
10/14/05 FOR PERIOD ENDED 9/30/05
11/01/05 FOR PERIOD ENDED 12/31/05
2/03/06 FOR PERIOD ENDED 3/31/06
7/25/06 FOR PERIOD ENDED 6/30/06
8/15/06 FOR PERIOD ENDED 9/30/06
11/20/06 FOR PERIOD ENDED 12/31/06
2/12/07 FOR PERIOD ENDED 3/31/07
5/07/07 FOR PERIOD ENDED 6/30/07
8/08/07 FOR PERIOD ENDED 9/30/07
10/30/07 FOR PERIOD ENDED 12/31/07
2/05/08 FOR PERIOD ENDED 3/31/08
5/05/08 FOR PERIOD ENDED 6/30/08
9/19/08 FOR PERIOD ENDED 9/30/08
11/10/08 FOR PERIOD ENDED 12/31/08
2/09/09 FOR PERIOD ENDED 3/31/09
5/01/09 FOR PERIOD ENDED 6/30/09
$709.50
741.19
705.73
723.01
734.82
734.64
742.96
742.35
748.99
747.50
748.12
749.30
762.14
762.14
762.14
762.14
749.04
749.04
749.04
749.04
785.09
785.09
785.09
785.09
788.67
788.67
788.67
788.67
623.59
623.59
$22,415.05
SCHEDULE C
PAGE 1
:)
SCHEDULE C (CONTINUED)
UNITED STATES TRUST COMPANY
N.A.- PAYMENT OF CUSTODY FEES
-----------------------------
3/29/02 FOR PERIOD ENDED 3/31/02
ON $428,889.
6/28/02 FOR PERIOD ENDED 6/30/02
ON $454,588.63
9/30/02 FOR PERIOD ENDED 9/30/02
ON $408,028.36
12/31/02 FOR PERIOD ENDED 12/31/02
ON $430,515.13
3/31/03 FOR PERIOD ENDED 3/31/03
ON $446,414.52
6/30/03 FOR PERIOD ENDED 6/30/03
ON $446,151.42
9/30/03 FOR PERIOD ENDED 9/30/03
ON $458,168.86
12/31/03 FOR PERIOD ENDED 12/31/03
ON $456,492.40
3/31/04 FOR PERIOD ENDED 3/31/04
ON $465,327.56
6/30/04 FOR PERIOD ENDED 6/30/04
ON $464,510.72
9/30/04 FOR PERIOD ENDED 9/30/04
ON $464,213.70
12/31/04 FOR PERIOD ENDED 12/31/04
ON $465,819.21
3/31/05 FOR PERIOD ENDED 3/31/05
ON $482,857.09
6/30/05 FOR PERIOD ENDED 6/30/05
9/30/05 FOR PERIOD ENDED 9/30/05
12/30/05 FOR PERIOD ENDED 12/31/05
3/31/06 FOR PERIOD ENDED 3/31/06
6/30/06 FOR PERIOD ENDED 6/30/06
9/29/06 FOR PERIOD ENDED 9/30/06
12/29/06 FOR PERIOD ENDED 12/31/06
3/30/07 FOR PERIOD ENDED 3/31/07
6/29/07 FOR PERIOD ENDED 6/30/07
9/28/07 FOR PERIOD ENDED 9/30/07
12/31/07 FOR PERIOD ENDED 12/31/07
BANK OF AMERICA, N.A.- PAYMENT
OF ASSET FEES
3/31/08 CASH
$58.28
60.61
54.41
57.40
59.52
59.49
61.09
60.87
62.05
61.93
61.89
62.11
64.38
62.24
62.11
61.88
63.45
65.40
64.47
67.49
68.27
71.38
70.84
71.45
$66.59
1,513.01
SCHEDULE C
PAGE 2
~ -~
SCHEDULE C (CONTINUED)
BANK OF AMERICA, N.A.- PAYMENT
OF ASSET FEES (CONTINUED)
4/30/08 CASH 21.80
5/30/08 CASH 22.49
6/13/08 CASH 22.59
7/15/08 CASH 21.44
8/14/08 CASH 21.74
9/15/08 CASH 21.48
10/15/08 CASH 20.08
11/17/08 CASH 17.34
12/12/08 CASH 15.96
1/15/09 CASH 15.92
2/13/09 CASH 14.93
2/13/09 CASH 1.83
3/13/09 CASH 13.25
3/13/09 CASH 3.51
4/14/09 CASH 13.98
4/14/09 CASH 2.78
5/14/09 CASH 14.30
5/14/09 CASH 2.46
6/12/09 CASH 14.49
6/12/09 CASH 2.27 351.23
UNITED STATES TREASURY- PAYMENT
OF FEDERAL FIDUCIARY INCOME TAX
3/06/03 BALANCE, 2002 TAX $57.00 57.00
---------------
PENNSYLVANIA DEPARTMENT OF
REVENUE- PAYMENT OF STATE
FIDUCIARY INCOME TAX
3/06/03 FOR YEAR 2002 $239.00
2/19/04 FOR REAR 2003 96.00
2/28/05 FOR YEAR 2004 177.00
3/02/06 FOR YEAR 2005 85.00
3/02/06 1ST INSTALLMENT, 2006 TAX 88.00
5/18/07 REFUND, 2006 TAX 16.00-
5/23/08 REFUND, 2007 TAX 36.00- 633.00
--------------- --------------
TOTAL SCHEDULE C
$24,969.29
SCHEDULE C
PAGE 3
:~ ~
SCHEDULE D
STATEMENT SHOWING ALL MONEYS PAID AND PROPERTY DELIVERED
FROM PRINCIPAL TO OR FOR THE ACCOUNT OF THE BENEFICIARIES
MARKET VALUE
AS OF DATE
OF DISTRIBUTION
WILLIAM T. GORDON, .TR.-
PRINCIPAL INVASIONS
--------
12/03/02 ---------------
CASH
$2,000.00
4/08/03 CASH 20,000.00
8/11/03 CASH 2,500.00
12/09/03 CASH 16,069.00
3/11/04 CASH 7,000.00
8/23/04 CASH 3,000.00
11/03/04 CASH 2,850.00
11/22/04 CASH 1,500.00
2/02/05 CASH 1,200.00
4/18/05 CASH 2,000.00
7/05/05 CASH 2,500.00
9/29/05 CASH 2,000.00
11/22/05 CASH 2,000.00
3/06/06 CASH 1,500.00
6/29/06 CASH 2,000.00
8/09/06 CASH 1,865.00
9/11/06 CASH 2,500.00
10/23/06 CASH , 1,000.00
12/06/06 CASH 2,500.00
3/20/07 CASH 2,000.00
6/27/07 CASH 1,200.00
8/07/07 CASH 5,800.00
11/01/07 CASH 1,500.00
1/25/08 CASH 4,000.00
4/15/08 CASH 4,000.00
8/08/08 CASH 3,000.00
9/05/08 CASH 4,000.00
11/20/08 CASH 4,000.00
2/11/09 CASH 4,000.00
4/06/09 CASH 3,500.00
5/07/09 CASH 5,000.00
6/02/09 CASH 5,807.00
TOTAL TO OR FOR BENEFICIARY
$124,791.00
SCHEDULE D
PAGE 1
SCHEDULE D {CONTINUED)
TAYLOR GORDON - PRINCIPAL
INVASIONS
-------------------------
PAHRUMP FAMILY MORTUARY- PAYMENT
FOR FUNERAL EXPENSES
--------------------------------
7/08/09 CASH
TOTAL
BANK OF AMERICA, N.A.- PAYMENT
OF CREDIT CARD BILL
------------------------------
7/08/09 CASH
TOTAL
BANK OF AMERICA, N.A.- PAYMENT
FOR MORTAGE
------------------------------
7/fl8/09 CASH
TOTAL
TOTAL TO OR FOR BENEFICIARY
TOTAL SCHEDULE D
.~
MARKET VALUE
AS OF DATE
OF DISTRIBUTION
$1,492.46
$1,492.46
---------------
$1,544.37
---------------
$1,544.37
---------------
$548.29
$548.29
---------------
3,585.12
$128,376.12
SCHEDULE D
PAGE 2
~ .~
SCHEDULE E
STATEMENT SHOWING MANNER IN WHICH PRINCIPAL MONEYS OF THE TRUST
WERE FROM TIME TO TIME INVESTED AND ALL CHANGES IN THOSE INVESTMENTS
INVENTORY
VALUE
---------------
BOEING CAPITAL CORP.,
5.75$' DUE 4/15/2009
---------------------
4/19/02 $25,000. PURCHASED $25,000.00
4/15/09 25,000. REDEEMED - SEE SCH. B 25,000.00-
_____________° _______________
BRISTOL-MYERS SQUIBB COMPANY,
4.75$ DUE 10/1/2006
4/18/02 $25,000. PURCHASED $25,021.00
5/02/05 25,000. SOLD - SEE SCH. A-1 25,021.00-
____________°__ _______________
GENERAL MOTORS ACCEPTANCE CORP.,
5.75 DUE 4/15/2007
--------------------------------
4/23/02 $25,000. PURCHASED $25,000.00
3/13/07 25,000. SOLD - SEE SCH. B 25,000.00-
====m°°===_____ _______________
GENERAL MOTORS ACCEPTANCE CORP.,
5.20 DUE 4/1S/2008
4/15/03 $25,000. PURCHASED $25,000.00
4/15/08 25,000. REDEEMED - SEE SCH. B 25,000.00-
_=====x=====___
AMERICAN HOME PRODUCTS CORP.,
COMMON
-----------------------------
12/28/01 600. SHS. RECD. - SEE SCH. A $36,816.00
3/11/02 600. SHS. DELIVERED IN EXCHANGE
FOR 600 SHS. WYETH, COMMON 36,816.00-
SCHEDULE E
PAGE 1
.~
SCHEDULE E (CONTINUED)
INVENTORY
VALUE
BLACK &
DECKER CORP., COMMON ---------------
--------
12/28/O1 ----------------
150. ----
SHS.
RECD.
- SEE SCH. A
$5,659.50
3/17/09 150. SHS. SOLD - SEE SCH. B 5,659.50-
CONAGRA FOODS INC., COMMON
7/17/03 500.
--------------- SHS. PURCHASED $11,800.00
7/12/09 500. SHS. ON HA ND - SEE SCH. F $11,800.00
CORNING INC., COMMON
--------
12/28/01 ------------
750.
SHS.
RECD.
- SEE SCH. A
$6,690.00
7/12/09
750.
SHS.
ON HA -
ND - SEE SCH. F --------------
$6,690.00
DOMINION RESOURCES INC. (NEW),
COMMON
10/20/03 -200.- SHS. PURCHASED
$12,521.14
11/19/07 200. SHS. RECD. AS A STOCK DISTRIBUTION 0.00
7/12/09 ---------------
400.
SHS.
ON HA -
ND - SEE SCH. F ---------------
$12,521.14
DU PONT (E.I.) DE NEMOURS &
COMPANY, INC., COMMON
10/19/06 300. SHS. PURCHASED $13,635.00
--------------- ---------------
7/12/09 300. SHS. ON HAND - SEE SCH. F $13,635.00
EXXON MOBIL CORP., COMMON
-------------------------
12/28/Ol 1,712. SHS. RECD. - SEE SCH. A $67,281.60
4/05/02 712. SHS. SOLD - SEE SCH. A-1 27,981.60-
---------------
1,000. SHS. ON HAND - $39,300.00
SCHEDULE E
PAGE 2
~ ~ ~~
SCHEDULE E (CONTINUED)
INVENTORX
VALUE
---------------
EXXON MOBIL CORP., COMMON (CONTINUED)
-------------------------------------
10/19/06 300. SHS. SOLD - SEE SCH. A-1
---------------
7/12/09 700. SHS. ON HAND - SEE SCH. F
---------------
GENERAL ELECTRIC COMPANY, COMMON
--------------------------------
12/28/O1 3,000. SHS. RECD. - SEE SCH. A
4/05/02 1,500. SHS. SOLD - SEE SCH. B
- ------------- -
7/12/09 1,500. SHS. ON HAND SEE SCH.
---------------
11,790.00-
$27,510.00
$120,240.00
60,120.00-
F $60,120.00
INTERNATIONAL BUSINESS MACHINES
CORP., COMMON
-------------------------------
12/28/O1 200. SHS. RECD. - SEE SCH. A
7/12/09 200, SHS. ON HAND - SEE SCH. F
---------------
INTERNATIONAL PAPER COMPANY,
COMMON
----------------------------
12/28/01 285. SHS. RECD. - SEE SCH. A
10/19/06 285. SHS. SOLD - SEE SCH. B
J.P. MORGAN CHASE & COMPANY,
COMMON
------------
12/28/01 --------
750. --------
SHS.
4/05/02 150. SHS.
900. SHS.
3/.17/09
--- 900.
-------- SHS.
----
RECD. - SEE SCH. A
PURCHASED
ON HAND
SOLD - SEE SCH. B
$24,192.00
---------------
$24,192.00
----------------
$11,499.75
11,499.75-
$27,262.50
5,314.48
--------------
$32,576.98
32,576.98-
---------------
---------------
SCHEDULE E
PAGE 3
-~ --)
MCCORMICK & COMPANY, INC.,
COMMON
12/28/01 ----250. SHS.
4/08/02 250. SHS.
7/12/09 500. SHS.
---------------
SCHEDULE E (CONTINUED)
RECD. - SEE SCH. A
RECD. AS A STOCK DISTRIBUTION
ON HAND - SEE SCH. F
NORFOLK SOUTHERN CORP., COMMON
12/28/01 250. SHS. RECD. - SEE SCH. A
4/05/02 250. SHS. PURCHASED
7/12/09 500. SHS. ON HAND SEE SCH. F
PEPSICO, INC., COMMON
12/28/01 250. SHS. RECD. - SEE SCH. A
7/12/09 ---------------
250.
~~~ o~ o a a c a s a a a a
SHS.
ON HAND - SEE SCH. F
PFIZER INC., COMMON
12/28/01 1,800. SHS.
4/05/02
-- 800.
--_--_ SHS.
------
1,000. --
SHS.
3/17/09
-- 1,000.
----------- SHS.
--
SCHERING-PLOUGH CORP., COMMON
-----------------------------
9/14/07 673.98 SHS.
9/14/07 .98 SH.
--_......_--------
7/12/09 673. SHS.
RECD. - SEE SCH. A
SOLD - SEE SCH. B
ON HAND
SOLD - SEE SCH. B
RECD. IN EXCHANGE FOR
SCHERING-PLOUGH CORP., PFD.
SOLD - SEE SCH. A-1
ON HAND - SEE SCH. F
INVENTORY
VALUE
$10,492.50
0.00
$10,492.50
$4,582.50
5,819.97
$10,402.47
$12,172.50
----------------
$12,172.50
~~aoaa~ao....=~
$71,730.00
31,880.00-
--------------
$39,850.00
39,850.00-
---------------
---------------
$15,858.00
23.06-
---------------
$15,834.94
SCHEDULE E
PAGE 4
SCHEDULE E (CONTINUED)
INVENTORY
VALUE
SCHERING-PLOUGH CORP., PFD.
---------------------------
6/29/05 300. SHS.
9/14/07 300. SHS.
SCHLUMBERGER LTD., COMMON
-------------------------
12/28/01 100. SHS.
4/07/06 100. SHS.
---------------
7/12/09 200. SHS.
----------------
---------------
PURCHASED
DELIVERED IN EXCHANGE
FOR 673.98 SHS. SCHERING-PLOUGH
CORP., COMMON
$15,858.00
15,858.00-
TECO ENERGY INC., COMMON
RECD. - SEE SCH. A
RECD. AS A STOCK DISTRIBUTION
ON HAND - SEE SCH. F
10/19/06 1,000. SHS. PURCHASED
7/12/09
---- 1,000.
-------- SHS.
---- ON HAND - SEE SCH. F
TRC COMPANIES INC., COMMON
--------------
4/05/02 ------
300. ------
SHS.
PURCHASED
10/19/06
----- 300.
------ SHS.
---- SOLD - SEE SCH. B
UNION PACIFIC CORP., COMMON
---------------------------
12/28/O1 150. SHS.
5/28/08 150. SHS.
---------------
7/12/09 300. SHS.
---------------
WYETH, COMMON
3/11/02 600. SHS.
3/17/09 600. SHS.
RECD. - SEE SCH. A
RECD. AS A STOCK DISTRIBUTION
ON HAND - SEE SCH. F
RECD. IN EXCHANGE FOR
AMERICAN HOME PRODUCTS CORP.,
COMMON
SOLD - SEE SCH. B
$5,495.00
0.00
---------------
$5,495.00
---------------
$15,860.00
$15,860.00
$7,828.53
7,828.53-
$8,550.00
0.00
---------------
$8,550.00
$36,816.00
36,816.00-
SCHEDULE E
PAGE 5
-~ _~
SCHEDULE E (CONTINUED)
INVENTORY
VALUE
XEROX CORP., COMMON
------------
7/20/04 -------
500.
SHS.
PURCHASED
$6,942.94
7/20/04
--- 500.
---------- SHS.
-- PURCHASED 6,937.91
1,000.
SHS.
ON HAND --------------
$13,880.85
3/17/09 1,000. SHS. SOLD - SEE SCH. B 13,880.85-
BANK OF AMERICA, N.A.- MONEX
MARKET SAVINGS ACCOUNT
2/24/08 $6,786.00 PURCHASED $6,786.00
3/31/08
--- 67.00
------------- SOLD - SEE SCH. B 67.00-
$6,719.00
ON HAND --------------
$6,719.00
4/15/08
-- 2i, 000.00
------------- PURCHASED 21,000.00
$27,719.00
ON HAND --------------
$27,719.00
4/24/08 789.00 SOLD - SEE SCH. B ?89.00-
$26,930.00 ON HAND - $26,930 00
4/30/08 767.00 PURCHASED 767.00
$27,697.00 ON HAND - $27,697.00
5/05/08
-- 788.00
------ SOLD - SEE SCH. B 788.00-
-------
$26,909.00
ON HAND --------------
$26,909.00
5/27/08 36.00 PURCHASED 36.00
$26,945.00 ON HAND $26,945.00
5/30/08
-- 23.00
---------- SOLD - SEE SCH. B 23.00-
---
$ --------------
$
6/01/08
-- 26,922.00
------------- PURCHASED 26,922.00
$53,844.00 ON HAND -$53,844 00
6/01/08
-- 26,922.00
------------- SOLD - SEE SCH. B 26,922.00-
$26,922.00
ON HAND --------------
$26,922.00
6/02/08
-- .58
-------------- PURCHASED ,58
$26,922.58
ON HAND --------------
$26,922.58
SCHEDULE E
PAGE 6
SCHEDULE E (CONTINUED)
BANK OF AMERICA, N.A.- MONEY
MARKET SAVINGS ACCOUNT (CONTINUED)
6/13/08 22.59 SOLD - SEE SCH. B
$26,899.99 ON HA ND
7/15/08 21.44 SOLD - SEE SCH. B
--- ------------
$26,878.55
ON HA
ND
8/08/08 3,000.00 SOLD - SEE SCH. B
$23,878.55 ON HA ND
8/14/08 21.74 SOLD - SEE SCH. B
--- ------------
$23,856.81
ON HA
ND
9/02/08
---
--- 23,856.81
------------
------------ SOLD - SEE SCH. B
CUSTODY BANK OF AMERICA MONEY
MARKET SAVINGS ACCOUNT
-------------
9/02/OS ----------------
$23,856.81
PURCHASED
9/05/08 4,000.00 SOLD - SEE SCH. B
---- -----------
$19,856.81
ON HA
ND
9/15/08 21.4$ SOLD - SEE SCH. B
---- -----------
$19,835.33
ON HA
ND
9/19/08 788.67 SOLD - SEE SCH. B
---- -----------
$19,046.66
ON HAN
D
10/15/08 20.08 SOLD - SEE SCH. B
---- -----------
$19,026.58
ON HAND
11/10/OS 788.67 SOLD - SEE SCH. B
$18,237.91 ON HAN D
7.1/17/08 17.34 SOLD - SEE SCH. B
$18,220.57 ON HAN D
11/20/08 4,000.00 SOLD - SEE SCH. B
$14,220.57 ON HAN D
INVENTORY
VALUE
22.59-
$26,899.99
21.44-
--------------
$26,878.55
3,000.00-
---------------
$23,878.55
21.74-
$23,856.81
23,856.81-
---------------_
---------------
$23,856.81
4,000.00-
--------------
$19,856.81
21.48-
--------------
$19,835.33
788.67-
$19,046.66
20.08-
--------------
$19,026.58
788.67-
--------------
$18,237.91
17.34-
--------------
$18,220.57
4,000.00-
--------------
$14,220.57
SCHEDULE E
PAGE 7
SCHEDULE E (CONTINUED)
CUSTODY BANK OF AMERICA MONEY
MARKET SAVINGS ACCOUNT (CONTINUED)
12/12/08 15.96 SOLD - SEE SCH. B
-- -------------
$14,204.61
ON HA
ND
1/15/09 15.92 SOLD - SEE SCH. B
-- -------------
$14,188.69
ON HA
ND
2/09/09
-- 623.59
- SOLD - SEE SCH. B
------------
$13,565.10
ON HA
ND
2/11/09
-- 4,000.00
--- SOLD - SEE SCH. B
----------
$9,565.10
ON HA
ND
2/13/09 16.76 SOLD - SEE SCH. B
-- -------------
$9,548.34
ON HA
ND
3/13/09
-- 16.76
- SOLD - SEE SCH. B
-------------
$9,531.58
ON HA
ND
3/17/09 66,399.65 PURCHASED
-- -------------
$75,931.23
ON HA
ND
4/06/09
- 3,500.00 SOLD - SEE SCH. B
- -------------
$72,431.23
ON HA
ND
4/14/09
-- 16.76 SOLD - SEE SCH. B
-------------
$72,414.47
ON HA
ND
4/15/09
-- 25,000.00 PURCHASED
-------------
$97,414.47
ON HAN
D
5/01/09 623.59 SOLD - SEE SCH. B
$96,790.88 ON HAN D
5/07/09 5,000.00 SOLD - SEE SCH. B
-- -------------
$91,790.88
ON HAN
D
5/14/09 16.76 SOLD - SEE SCH. B
$91,774.12 ON HAN D
6/02/09 5,807.00 SOLD - SEE SCH. B
-- -------------
$85,967.12
ON HAN
D
INVENTORY
VALUE
---------------
15.96-
$14,204.61
15.92-
--------------
$14,188.69
623.59-
--------------
$13,565.10
4,000.00-
--------------
$9,565.10
16.76-
---------------
$9,548.34
16.76-
--------------
$9,531.58
66,399.65
--------------
$75,931.23
3,500.00-
--------------
$72,431.23
16.76-
$72,414.47
25,000.00
--------------
$97,414.47
623.59-
$96,790.88
5,000.00-
---------------
$91,790.88
16.76-
--------------
$91,774.12
5,807.00-
--------------
$85,967.12
SCHEDULE E
PAGE 8
_~
SCHEDULE E (CONTINUED)
.-~
INVENTORY
VALUE
CUSTODY BARK OF AMERICA MONEY
MARKET SAVINGS ACCOUNT (CONTINUED)
6/12/09 16.76 SOLD - SEE SCH. B
---------------
$85,950.36 ON HAND
7/08/09 3,585.12 SOLD - SEE SCH. B
---------------
7/12/09 $82,365.24 ON HAND - SEE SCH. F
EXCELSIOR MONEY FUND
1/08/02 $30,000.00
2/08/02
- 8,040.00
------
--------
$38,040.00
3/25/02 710.00
- --------------
$37,330.00
3/27/02 355.00
$36,975.00
3/29/02 33.00
-- -------------
$36,942.00
4/01/02 30.00
4/03/02 49.00
4/05/02 18.00
4/05/02 96,530.00
4/12/02 52.00
$133,621.00
4/18/02
-- 25,077.00
---
----------
$108,544.00
4/19/02 25,000.00
$83,544.00
4/23/02 25,000.00
$58,544.00
4/25/02 236.00
$58,780.00
PURCHASED
PURCHASED
ON HAND
SOLD - SEE SCH. B
ON HAND
SOLD - SEE SCH. B
ON HAND
SOLD - SEE SCH. B
ON HAND
PURCHASED
PURCHASED
PURCHASED
PURCHASED
PURCHASED
ON HAND
SOLD - SEE SCH. B
ON HAND
SOLD - SEE SCH. B
ON HAND
SOLD - SEE SCH. B
ON HAND
PURCHASED
ON HAND
16.76-
--------------
$85,950.36
3,585.12-
$82,365.24
$30,000.00
8,040.00
$38,040.00
710.00-
$37,330.00
355.00-
$36,975.00
33.00-
$36,942.00
30.00
49.00
18.00
96,530.00
52.00
--------------
$133,621.00
25,077.00-
--------------
$108,544.00
25,000.00-
$83,544.00
25,000.00-
--------------
$58,544.00
236.00
$58,780.00
SCHEDULE E
PAGE 9
._~ ~1D
SCHEDULE E (CONTINUED)
EXCELSIOR MONEY FUND (CONTINUED)
---------
6/11/02 ------------------
741.00 -----
SOLD -
SEE
SCH.
B
$58,039.00 ON HAN D
6/28/02 60.00 SOLD - SEE SCH. B
- --------------
$57,979.00
ON HAN
D
8/26/02 706.00 SOLD - SEE SCH. B
$57,273.00 ON HAND
8/30/02 84,479.00 PURCHASED
9/18/02 132.00 PURCHASED
- --------------
$141,884.00
ON HAND
9/30/02 54.00 SOLD - SEE SCH. B
- --------------
$141,830.00
ON HAND
11/19/02 723.00 SOLD - SEE SCH. B
- --------------
$141,107.00
ON HAND
12/03/02
- 2,000.00
----- SOLD - SEE SCH. B
---------
$139,107.00
ON HAND
12/37./02 58.00 SOLD - SEE SCH. B
- --------------
$139,049.00
ON HAND
2/11/03
- 735.00
-- SOLD - SEE SCH. B
------------
$138,314.00
ON HAND
3/06/03 296.00 SOLD - SEE SCH. B
- --------------
$138,018.00
ON HAND
3/31/03
- 59.00
-- SOLD - SEE SCH. B
-
-----------
$137,959.00
ON HAND
4/08/03
- 20,000.00
-- SOLD - SEE SCH. B
------------
$117,959.00
ON HAND
4/15/03 25,000.00 SOLD - SEE SCH. B
- --------------
$92,959.00
ON HAND
SCHEDULE E
PAGE 10
INVENTORY
---^--VALUE----
741.00-
--------------
$58,039.00
60.00-
--------------
$57,979.00
706.00-
$57,273.00
84,479.00
132.00
--------------
$141,884.00
54.00-
--------------
$141,830.00
723.00-
$141,107.00
2,000.00-
--------------
$139,107.00
58.00-
$139,049.00
735.00-
--------------
$138,314.00
296.00-
$138,018.06
59.00-
--------------
$137,959.00
20,000.00-
--------------
$117,959.00
25,000.00-
--------------
$92,959.00
SCHEDULE E (CONTINUED)
INVENTORY
VALUE
EXCELSIOR MONEY F'LJND (CONTINUED)
---------
5/O1/03 ------------------
735.00 -----
SOLD
- SEE
SCH.
$92,224.00 ON HA ND
6/30/03 59.00 SOLD - SEE SCH.
- --------------
$92,165.00
ON HA
ND
7/17/03 11,800.00 SOLD - SEE SCH.
- --------------
$80,365.00
ON HA
ND
8/05/03 743.00 SOLD - SEE SCH.
$79,622.00 ON HA ND
8/11/03 2,500.00 SOLD - SEE SCH.
$77,122.00 ON HA ND
9/30/03
- 61.00
--
--
- SOLD - SEE SCH.
-
-
-------
$77,061.00
ON HA
ND
10/20/03 12,521.00 SOLD - SEE SCH.
$64,540.00 ON HAN D
11/05/03 743.00 SOLD - SEE SCH.
- --------------
$63,797.00
ON HAN
D
12/09/03
- 16,069.00
--- SOLD - SEE SCH.
-----------
$47,728.00
ON HAN
D
12/31/03
- 61.00
- SOLD - SEE SCH.
-------------
$47,667.00
ON HAN
D
2/19/04 96.00 SOLD - SEE SCH.
$47,571.00 ON HAN D
2/23/04 749.00 SOLD - SEE SCH.
$46,822.00 ON HAN D
3/11/04
- 7,000.00
---- SOLD - SEE SCH.
----------
$39,822.00
ON HAN
D
3/31/04 62.00 SOLD - SEE SCH.
$39,760.00 ON HAN D
B 735.00-
$92,224.00
B 59.00-
--------------
$92,165.00
B 11,800.00-
-------
-------
$80,365.00
B 743.00-
$79,622.00
B 2,500.00-
--------
------
$77,122.00
B 61.00-
--------------
$77,061.00
B 12,521.00-
--------
------
$64,540.00
B 743.00-
--------------
$63,797.00
B 16,069.00-
$47,728.00
B 61.00-
$47,667.00
B 96.00-
--------------
$47,571.00
B 749.00-
$46,822.00
B 7,000.00-
-----------
---
$39,822.00
B 62.00-
$39,760.00
SCHEDULE E
PAGE 11
~ _~
SCHEDULE E (CONTINUED)
EXCELSIOR MONEY FUND (CONTINUED)
4/01/04 39,760.00 SOLD - SEE SCH. B
---------------
UNITED STATES TRUST COMPANY OF
N.A. - MARKET RATE ACCOUNT
-------------
4/O1/04 ---------------
$39,760.00 --
PURCHASED
6/10/04 747.00 SOLD - SEE SCH. B
$39,013.00 ON HAND
6/30/04 62.00 SOLD - SEE SCH. B
$38,951.00 ON HAND
7/20/04
-- 13,881.00 SOLD - SEE SCH. B
-- -----------
$25,070.00
ON HAND
8/13/04 748.00
- SOLD - SEE SCH. B
---- --
--------
$24,322.00
ON HAND
8/23/04 3,000.00 SOLD - SEE SCH. B
---- -----------
$21,322.00
ON HAND
9/30/04
.... 62.00 SOLD - SEE SCH. B
--- ----------
$21,260.00
ON HAND
11/03/04 2,850.00 SOLD - SEE SCH. B
$1$,410.00 ON HAND
11/15/04 749.00 SOLD - SEE SCH, B
$17,661.00 ON HAND
11/22/04
----- 1,500.00 SOLD - SEE SCH. B
----------
$16,161.00
ON HAND
12/31/04 62.00 SOLD - SEE SCH. B
----- ----------
$16,099.00
ON HAND
2/02/05 1,200.00 SOLD - SEE SCH. B
----- ----------
$14,899.00
ON HAND
INVENTORY
VALUE
---------------
39,760.00-
---------------
$39,760.00
747.00-
--------------
$39,013.00
62.00-
--------------
$38,951.00
13,881.00-
--------------
$25,070.00
748.00-
--------------
$24,322.00
3,000.00-
$21,322.00
62.00-
--------------
$21,260.00
2,850.00-
--------------
$18,410.00
749.00-
--------------
$17,661.00
1,500.00-
--------------
$16,161.00
62.00-
--------------
$16,099.00
1,200.00-
$14,899.00
SCHEDULE E
PAGE 12
SCHEDULE E (CONTINUED)
INVENTORX
VALUE
UNITED STATES TRUST COMPANY OF
N.A. - MARKET RATE ACCOUNT (CONTINUED)
2/14/05 762.00 SOLD - SEE SCH.
---- -----------
$14,137.00
ON HAND
2/28/05 177.00 SOLD - SEE SCH.
$13,960.00 ON HAND
3/31/05 65.00 SOLD - SEE SCH.
$13,895.00 ON HAND
4/18/05 2,000.00 SOLD - SEE 5CH.
---- -----------
$11,895.00
ON HAND
5/02/05 25,352.00 PURCHASED
---- -----------
$37,247.00
ON HAND
5/03/05 838.00 SOLD - SEE SCH.
---- -----------
$36,409.00
ON HAND
6/13/05 75.00 PURCHASED
----- ----------
$36,484.00
ON HAND
6/29/05
-- 15,858.00 SOLD - SEE SCH.
--- ----------
$20,626.00
ON HAND
6/30/05 62.00 SOLD - SEE 5CH.
$20,564.00 ON HAND
7/05/05 2,500.00 SOLD - SEE 5CH.
----- ----------
$18,064.00
ON HAND
9/29/05 2,000.00 SOLD - SEE 5CH.
$16,064.00 ON HAND
9/30/05
----- 62.00
-° SOLD - SEE 5CH.
--------
$16,002.00
ON HAND
10/14/05 762.00 SOLD - SEE 5CH.
___°- ----------
$15,240.00
ON HAND
11/01/05 762.00 SOLD - SEE 5CH.
$14,478.00 ON HAND
B 762.00-
---
-----------
$14,137.00
B 177.00-
-
-------------
513,960.00
B 65.00-
--------------
$13,895.00
B 2,000.00-
$11,895 00
25,352.00
-------
-------
$37,247.00
B 838.00-
$36,409.00
75.00
--------------
$36,484.00
B 15,858.00-
------
--------
$20,626.00
B 62.00-
$20,564.00
B 2,500.00-
----
----------
$18,064.00
B 2,000.00-
' $16,064.00
B 62.00-
--------------
$16,002.00
B 762.00-
$15,240.00
B 762.00-
$14,478.00
SCHEDULE E
PAGE 13
~~ _~
SCHEDULE E (CONTINUED)
UNITED STATES TRUST COMPANY OF
N.A. - MARKET RATE ACCOUNT (CONTINUED)
11/22/05 2,000.00 SOLD - SEE SCH. B
-- -------------
$12,478.00
ON HA
ND
12/30/05 62.00 SOLD - SEE SCH. B
$12,416.00 ON HA ND
2/03/06 749.00 SOLD - SEE SCH. B
' $11,667.06 ON HA ND
3/02/06
-- 349.00
-- SOLD - SEE SCH. B
-----------
$11,318.00
ON HA
ND
3/06/06 1,324.00 SOLD - SEE SCH. B
-- -------------
$9,994.00
ON HA
ND
3/31/06 64.00 SOLD - SEE SCH. B
$9,930.00 ON HAN D
4/05/06
-- 451.00
-- SOLD - SEE SCH. B
-----------
$9 4
4/07/06 25.00 PURCHASED
4/17/06 426.00 PURCHASED
-- -------------
$9,930.00
ON HAN
D
5/02/06 1,198.00 SOLD - SEE SCH. B
$8,732.00 ON HAN D
6/29/06
--- 2,000.00
----- SOLD - SEE SCH. B
-------
$6,732.00
ON HAN
D
6/30/06 65.00 SOLD - SEE SCH. B
$6,667.00 ON HAN D
7/25/06 375.00 PURCHASED
7/31/06
--- 74.00
-- PURCHASED
----------
$7,116.00
ON HAN
D
8/09/06
--- 1,865.00
----- SOLD - SEE SCH. B
-------
$5,251.00
ON HAN
D
INVENTORY
VALUE
---------------
2,000.00-
$12,478,00
62.00-
$12,416.00
749.00-
--------------
$11,667.00
349.00-
$11,318.00
1,324.00-
--------------
$9,994.00
64.00-
$9,930.00
451.00-
$9,479.00
25.00
426.00
--------------
$9,930.00
1,198.00-
$8,732.00
2,000.00-
$6,732.00
65.00-
--------------
$6,667.00
375.00
74.00
--------------
$7,116.00
1,865.00-
$5,251.00
SCHEDULE E
PAGE 14
_~ _~
SCHEDULE E (CONTINUED)
INVENTORX
VALUE
---------------
UNITED STATES TRUST COMPANY OF
N.A. - MARKET RATE ACCOUNT (CONTINUED)
8/15/06 818.00 SOLD - SEE SCH
-- -------------
$4,433.00
ON HAN
D
9/01/06 69.00 PURCHASED
-- -------------
$4,502.00
ON HAN
D
9/11/06 2,500.00 SOLD - SEE SCH,
-- -------------
$2,002.00
ON HAN
D
9/29/06 64.00 SOLD - SEE SCH.
$1,938.00 ON HAN D
10/19/06 3,955.00 PURCHASED
$5,893.00 ON HAND
10/23/06 1,000.00 SOLD - SEE SCH.
-- -------------
$4,893.00
ON HAND
11/20/06
- 749.00
---
- SOLD - SEE SCH.
- -
--------
$4,144.00
ON HAND
12/05/06 2,500.00 SOLD - SEE SCH.
-- -------------
$1,644.00
ON HAND
12/29/06 68.00 SOLD - SEE SCH.
$1,576.00 ON HAND
2/12/07
-- 785.00
- SOLD - SEE SCH.
------------
$791.00
ON HAND
3/13/07
-- 24,875.00
- PURCHASED
------------
$25,666.00
ON HAND
3/20/07 2,000.00 SOLD - SEE SCH.
-- -------------
$23,666.00
ON HAND
3/30/07
-- 68.00
-- SOLD - SEE SCH.
-----------
$23,598.00
ON HAND
4/02/07
-- 477.00
- SOLD - SEE SCH.
------------
$23,121.00
ON HAND
B 818.00-
$4,433.00
69.00
$4,502.00
B 2,500.00-
$2,002.00
B 64.00-
--------------
$1,938.00
3,955.00
$5,893.00
B 1,000.00-
-------
-
-
-----
$4,893.00
B 749.00-
$4,144.00
B 2,500.00-
$1,644.00
B 68.00-
--------------
$1,576.00
B 785.00-
--------------
$791.00
24,875.00
----------
----
$25,666.00
B 2,000.00-
$23,666.00
B 68.00-
$23,598.00
B 477.00-
--------------
$23,121.00
SCHEDULE E
PAGE 15
-~ -~
SCHEDULE E (CONTINUED)
INVENTORY
VALUE
---------------
UNITED STATES TRUST COMPANY OF
N.A. - MARKET RATE ACCOUNT (CONTINUED)
4/04/07 68.00 PURCHASED 68.00
4/06/07 35.00 PURCHASED 35.00
4/16/07 374.00 PURCHASED 374.00
---- -----------
$23,598.00
ON HAND --------------
$23,598.00
5/07/07 785.00 SOLD - SEE SCH. B 785.00-
_---- -----------
$22,813.00
ON HAND --------------
$22,813.00
5/21/07 16.00 PURCHASED 16.00
$22,829.00 ON HAND $22,829.00
6/27/07 1,200.00 SOLD - SEE SCH. B 1,200.00-
$21,629.00 ON HAND $21,629.00
6/29/07 71.00 SOLD - SEE SCH. B 71.00-
---- -----------
$21,558.00
ON HAND --------------
$21,558.00
8/07/07 6,800.00 SOLD - SEE SCH. B 6,800.00-
----- ----------
$14,758.00
ON HAND --------------
$14,758.00
8/08/07 786.00 SOLD - SEE SCH. B 786.00-
----- ----------
$13,972.00
ON HAND --------------
$13,972.00
9/14/07
- 30.00 PURCHASED 30.00
---- ----------
$14,002.00
ON HAND --------------
$14,002.00
9/28/07 71.00 SOLD - SEE SCH. B 71.00-
-_---- ----------
$13,931.00
ON HAND --------------
$13,931.00
10/30/07 833.00 SOLD - SEE SCH. B 833.00-
$13,098.00
ON HAND ------
$13,098.00
10/31/07 48.00 PURCHASED 48.00
$13,146.00 ON HAND $13,146.00
11/01/07
----- 1,500.00
---------- SOLD - SEE SCH, B 1,500.00-
$11,646.00
ON HAND _____---------
$11,646.00
12/31/07
--
-- 72.00
-- SOLD - SEE SCH. B 72.00-
- --------
$11,574.00
ON HAND ---------------
$11,574.00
SCHEDULE E
PAGE 16
SCHEDULE E (CONTINUED}
INVENTORY
VALUE
---------------
UNITED STATES TRUST COMPANY OF
N.A. - MARKET RATE ACCOUNT (CONTINUED)
1/25/08 4,000.00 SOLD - SEE SCH.
---------------
$7,574.00 ON HAND
2/24/08 6,786.00 SOLD - SEE SCH.
---------------
$788.00 ON HAND
2/25/08 788.00 SOLD - SEE SCH.
---------------
----------------
B 4,000.00-
$7,574.00
B 6,786.00-
$788.00
B 788. 00-
SCHEDULE E
PAGE 17
_~ ~
SCHEDULE F
STATEMENT SHOWING ALL PROPERTY CONSTITUTING PRINCIPAL OF
THE TRUST REMAINING ON HAND THE LAST DAY OF THIS ACCOUNT
• MARKET VALUE
INVENTORY AS OF
VALUE
--------------- 7/12/09
--------------
7/12/09 500. SHS.
CONAGRA FOODS INC., COMMON $11,800.00 $9,345.00
7/12/09 750. SHS.
CORNING INC., COMMON 6,690.00 11,070.00
7/12/09 400. SHS.
DOMINION RESOURCES INC. (NEW),
COMMON 12,521.14 12,980.00
7/12/09 300. SHS.
DU PONT (E,I.) DE NEMOURS &
COMPANY, INC., COMMON 13,635.00 7,383.00
7/12/09 700. SHS.
EXXON MOBIL CORP., COMMON 27,510.00 45,584.00
7/12/09 1,500. SHS.
GENERAL ELECTRIC COMPANY, COMMON 60,120.00 16,170.00
7/12/09 200. SHS.
INTERNATIONAL BUSINESS MACHINES
CORP., COMMON 24,192.00 20,166.00
7/12/09 500. SHS.
MCCORMICK & COMPANY, INC.,
COMMON 10,492.50 16,230.00
7/12/09 500. SHS.
NORFOLK SOUTHERN CORP., COMMON 10,402.47 18,325.00
7/12/09 250. SHS.
PEPSICO, INC., COMMON 12,172.50 13,677.50
7/12/09 673. SHS.
SCHERING-PLOUGH CORP., COMMON 15,834.94 16,380.82
7/12/09 200. SHS.
SCHLUMBERGER LTD., COMMON 5,495.00 10,102.00
SCHEDULE F
PAGE 1
.~ ..~
SCHEDULE F (CONTINUED)
7/12/09 1,000. SHS.
TECO ENERGY INC., COMMON
7/12/09 300. SHS.
UNION PACIFIC CORP., COMMON
7/12/09 $82,365.24
CUSTODY BANK OF AMERICA MONEY
MARKET SAVINGS ACCOUNT
7/12/09 CASH
TOTAL SCHEDULE F
MARKET VALUE
INVENTORY AS OF
VALUE 7/12/09
--------------- --------------
15,860.00
11,270.00
8,550.00
15,111.00
82,365.24 82,365.24
--------------- --------------
$317,640.79 $306,159.56
0.00 0.00
--------------- ---------------
$317,640.79 $306,159.56
SCHEDULE F
PAGE 2
_~ __~
EXHIBIT 1
STATEMENT SHOWING PURCHASES OF PRINCIPAL ASSETS
PURCHASE
PRICE
PURCHASES
1/08/02 $30,000.00
EXCELSIOR MONEY FUND
2/08/02 $8,040.00
EXCELSIOR MONEY FUND
4/01/02 $30.00
EXCELSIOR MONEY FUND
4/03/02 $49.00
EXCELSIOR MONEY FUND
4/05/02 150. SHS.
J.P. MORGAN CHASE & COMPANY,
COMMON
4/05/02 250. SHS.
NORFOLK SOUTHERN CORP., COMMON
4/05/02 300. SHS.
TRC COMPANIES INC., COMMON
4/05/02 $18.00
EXCELSIOR MONEY FUND
4/05/02 $96,530.00
EXCELSIOR MONEY FUND
4/12/02 $52.00
EXCELSIOR MONEY FUND
4/18/02 $25,000.
BRISTOL-MYERS SQUIBB COMPANY,
4.750 DUE 10/1/2006
$30,000.00
8,040.00
30.00
49.00
5,314.48
5,819.97
7,828.53
18.00
96,530.00
52.00
25,021.00
EXHIBIT 1
PAGE 1
_~
EXHIBIT 1 (CONTINUED)
4/19/02 $25,000.
BOEING CAPITAL CORP.,
5.75$ DUE 4/15/2009
4/23/02 $25,000.
GENERAL MOTORS ACCEPTANCE CORP.,
5.75 DUE 4/15/2007
4/25/02 $236.00
EXCELSIOR MONEY FUND
8/30/02 $84,479.00
EXCELSIOR MONEY FUND
9/18/02 $132.00
EXCELSIOR MONEY FUND
4/15/03 $25,000.
GENERAL MOTORS ACCEPTANCE CORP.,
5.20$ DUE 4/15/2008
7/17/03 500. SHS.
CONAGRA FOODS INC., COMMON
10/20/03 200. SHS.
DOMINION RESOURCES INC. (NEW),
COMMON
4/01/04 $39,760.00
UNITED STATES TRUST COMPANY OF
N.A. - MARKET RATE ACCOUNT
7/20/04 500. SHS.
XEROX CORP., COMMON
7/20/04 500. SHS.
XEROX CORP., COMMON
5/02/05 $25,352.00
UNITED STATES TRUST COMPANY OF
N.A. - MARKET RATE ACCOUNT
PURCHASE
PRICE
25,000.00
25,000.00
236.00
84,479.00
132.00
25,000.00
11,800.00
12,521.14
39,760.00
6,942.94
6,937.91
25,352.00
EXHIBIT 1
PAGE 2
_~
EXHIBIT 1 (CONTINUED)
6/13/05 $75.00
UNITED STATES TRUST COMPANY OF
N.A. - MARKET RATE ACCOUNT
6/29/05 300. SHS.
SCHERING-PLOUGH CORP., PFD.
4/07/06 $25.00
UNITED STATES TRUST COMPANY OF
N.A. - MARKET RATE ACCOUNT
4/17/06 $426.00
UNITED STATES TRUST COMPANY OF
N.A. - MARKET RATE ACCOUNT
7/25/06 $375.00
UNITED STATES TRUST COMPANY OF
N.A. - MARKET RATE ACCOUNT
7/31/06 $74.00
UNITED STATES TRUST COMPANY OF
N.A. - MARKET RATE ACCOUNT
9/01/06 $69.00
UNITED STATES TRUST COMPANY OF
N.A. - MARKET RATE ACCOUNT
10/19/06 300. SHS.
DU PONT (E.I.) DE NEMOURS &
COMPANY, INC., COMMON
10/19/06 1,000. SHS.
TECO ENERGY INC., COMMON
10/19/06 $3,955.00
UNITED STATES TRUST COMPANY OF
N.A. - MARKET RATE ACCOUNT
3/13/07 $24,875.00
UNITED STATES TRUST COMPANY OF
N.A. - MARKET RATE ACCOUNT
_~
PURCHASE
PRICE
75.00
15,858.00
25.00
426.00
375.00
74.00
69.00
13,635.00
15,860.00
3,955.00
24,875.00
EXHIBIT 1
PAGE 3
_~
EXHIBIT 1 (CONTINUED)
4/04/07 $68.00
UNITED STATES TRUST COMPANY OF
N.A. - MARKET RATE ACCOUNT
4/06/07 $35.00
UNITED STATES TRUST COMPANY OF
N.A. - MARKET RATE ACCOUNT
4/16/07 $374.00
UNITED STATES TRUST COMPANY OF
N.A. - MARKET RATE ACCOUNT
5/21/07 $16.00
UNITED STATES TRUST COMPANY OF
N.A. - MARKET RATE ACCOUNT
9/14/07 $30.00
UNITED STATES TRUST COMPANY OF
N.A. - MARKET RATE ACCOUNT
10/31/07 $48.00
UNITED STATES TRUST COMPANY OF
N.A. - MARKET RATE ACCOUNT
2/24/08 $6,786.00
BANK OF AMERICA, N.A.- MONEY
MARKET SAVINGS ACCOUNT
4/15/08 $21,000.00
BANK OF AMERICA, N.A.- MONEY
MARKET SAVINGS ACCOUNT
4/30/08 $767.00
BANK OF AMERICA, N.A.- MONEY
MARKET SAVINGS ACCOUNT
5/27/08 $36.00
BANK OF AMERICA, N.A.- MONEY
MARKET SAVINGS ACCOUNT
PURCHASE
PRICE
68.00
35.00
374.00
16.00
30.00
48.00
6,786.00
21,000.00
767.00
36.00
EXHIBIT 1
PAGE 4
^~
SCHEDULE H
STATEMENT SHOWING COMPUTATION OF COMMISSIONS
DUE: ESTATE OF CORNELIUS FURGUESON IV
AS TO PRINCIPAL
ON AMOUNT OF ADMINISTRATION EXPENSES
PAID AS SHOWN BY SCHEDULE C $ 24,969.29
ON AMOUNT OF PRINCIPAL DISTRIBUTIONS
MADE AS SHOWN BY SCHEDULE D 128,376.12
$153,345.41
1$ ON $153,345.41 $ 1,533.95
----------- ------------
----------- -----------
TOTAL PAYING COMMISSION DUE
THE TRUSTEE HAS RETAINED HIS ANNUAL
COMMISSIONS THROUGH 6/30/09
AS SHOWN BX SCHEDULE C.
COMMISSIONS DUE SUBSEQUENT TO 6/30/09
ARE COMPUTED AS FOLLOWS:
FOR PERIOD 7/1/09 - 7/12/09
QUARTERLY COMMISSION $623.59
$ 1,533.45
12 DAYS X $623.59 $ 83.15
ANNUAL PRINCIPAL COMMISSIONS DUE 83.15
TOTAL PRINCIPAL COMMISSIONS DUE $ 1,616.60
SCHEDULE H
PAGE 1
.~ ._~
SCHEDULE H (CONTINUED)
AS TO INCOME
ANNUAL COMMISSIONS:
THE TRUSTEE HAS RETAINED HIS ANNUAL
COMMISSIONS THROUGH 6/30/09
AS SHOWN BY TRANSACTION STATEMENTS.
COMMISSIONS DUE SUBSEQUENT TO 6/30/09
ARE COMPUTED AS FOLLOWS:
FOR PERIOD 7/1/09 - 7/12/09
QUARTERLY COMMISSION $311.79
12 DAYS X $311.79
90
$ 41.57
ANNUAL INCOME COMMISSIONS DUE 41.57
TOTAL COMMISSIONS DUE ESTATE OF CORNELIUS FURGUESON IV $ 1,658.17
SCHEDULE H
PAGE 2
r
wills\5345.w
3/2/94
. ~
AGREEMENT OF TRUST
r
AGREEMENT OF TRUST made and entered into this `~'~'` day of
~Y7L~ '~~ , 199 ~, by and between BARBARA ROTH GORDON, of the Borough of
Carlisle, Cumberland County, Pennsylvania, (hereinafter referred to as "Settlor"), and
BARBARA ROTH GORDON and CORNELIUS FURGUESON IV, of New York, New York,
(hereinafter referred to as "Trustees").
Intending to be legally bound hereby, the parties hereto do hereby agree as follows:
ARTICLE I
Settlor hereby transfers to Trustees, in trust, for the purposes hereinafter set forth, the
property as set forth in Schedule "A" attached hereto and made part hereof and such other
property as from time to time transferred by Settlor to Trustees.
ARTICLE II
The Trustees shall collect the income from the Trust Estate and shall pay all proper
charges and expenses. The net income of the Trust Estate after payment of all such chazges and
expenses shall be held, administered and invested by the Trustees, to be distributed, together
with the net income and such accumulated income and corpus, as provided in Schedule "B"
hereto and made part hereof. Upon the death of Settlor, the corpus and accrued income, if any,
shall be distributed as further provided in Schedule "B", attached hereto signed and dated and
as from dme to time revised and made part hereof. All dividends payable in shares of stock in
the corporations declaring the dividends shall be treated as principal without regard to the
number of shares payable.
ARTICLE III
During the lifetime of Settlor, this Trust may be revoked by the said Settlor by giving
five (5) days written notice to the Trustees hereunder, and in such case, all property whether
principal or accrued income or any combination of the foregoing being held in the Trust shall
be distributed to Settlor. Further. durine the lifetime ~f CPtttnr this 'r,,,e* ,,,~., ~ ,t.e.na ,._
amended by amendment of this Trust Agreement signed by both Settlor and Trustees.
ARTICLE 1V
No part of the income or principal of the property held under this Trust or trusts
-1-
subsequently created hereunder 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 thereof. The Trustees shall pay over the net income and the principal of the parties
herein designated, as their interests may appear, without regard to any attempted anticipation,
pledging or assignment by any beneficiary of these trusts, and without regard to any claim
thereto or attempted levy, attachment, seizure or other process against said beneficiary.
ARTICLE V
In addition to the powers conferred by case law, by statute, and by other provisions
hereof, the Trustees and successor Trustees, shall have the following discretionary powers
applicable to all property held which powers shall be effective without order of any court and
shall exist until fmal distribution:
(a) To retain any property of any nature received for whatever period the Trustees
shall deem advisable;
(b) To invest and reinvest all or any part of said property in such stocks, bonds,
securities or other property, real or personal, as the Trustees shall deem proper, without regard
to statutes limiting the property which a fiduciary may purchase;
(c) To sell, transfer, exchange or otherwise dispose of, any part of said property, for
cash or on terms, publicly or privately, or to lease, even for a term exceeding five (5) yeazs or
the duration of any trust herein, without liability on the purchasers or lessees to see to the
application of the proceeds, and to give options for these purchases without the obligation to
repudiate them in favor of a higher offer;
(d) To execute and deliver any deeds, leases, assignments or other instruments as may
be necessary to carry out the provisions of the Trust;
(e) To borrow money, including the right to borrow money from any bank and to
mortgage or pledge any asset of the estate as security;
(f) To assume continuance of the status of any beneficiary with regard to death,
marriage, divorce, illness, incapacity and the like in the absence of information deemed reliable
without liability for disbursements made on such assumption;
(g) To pay from the corpus of the Trust, or the income therefrom, all debts, claims,
taxes or similar charges;
-2-
(h) To make any distribution hereunder either in kind or in money, or partially in
kind and partially in money. Distribution in kind shall be made at the market value of the
property distributed, and the Trustees, in their absolute discretion, may cause the share
distributed to any distributee to be composed of property snnilar to or different from that
distributed to any other distributee;
(i) To exercise any subscription right in connection with any security held hereunder,
to consent to or participate in any recapitalization, reorganization, consolidation or merger of
any corporation, company or association, the securities of which may be held hereunder, to
delegate authority with respect thereto, to deposit investments under agreements, to pay
assessments, and generally to exercise all rights of investors;
(j) To invest in endowment, insurance or annuity policies on the lives of beneficiaries
of the Trust hereunder;
(k) To continue in any partnership, joint venture, joint ownership or other business
enterprise of which Settlor is a part at the time of her death;
(1) To compromise claims;
(m) To continue for whatever period of time as the Trustees shall deem necessary any
ownership as a tenant in common or as a partner, in real estate or other property and to act as
Settlor could have acted while living;
(n) To employ agents, attorneys and proxies and to delegate to them such powers as
the Trustees consider desirable and to pay reasonable compensation for such services as may be
rendered by such agents, attorneys and proxies;
(o) To do all other acts in the judgment of the Trustees necessary or desirable for the
proper management, investment and distribution of Settlor's Estate.
ARTICLE VI
Notwithstanding any other provision hereof and further not withstanding the provisions
of the common or statutory laws of the Commonwealth of Pennsylvania, the co-Trustees
hereunder shall be at liberty to act either jointly or severally with respect to all matters which
may require action by a trustee.
ARTICLE VII
The Trustees hereunder shall receive compensation in accordance with any standard
-3-
schedule of fees which such Trustee has in effect at such time as any such services are
performed. All such fees shall be allocated one-third (1/3) to income and two-thirds (2/3) to
principal.
ARTICLE VIII
In the event that the said BARBARA ROTH GORDON shall become unable or unwilling
to continue to act as Trustee, then she shall have the option to appoint a successor Trustee to
act in her stead. In the event she shall be unable to appoint a successor Trustee, then
FARMERS TRUST COMPANY, of Carlisle, Pennsylvania, shall act in her stead.
In the event the said CORNFd1US FURGUESON IV shall be unable or unwilling to act
or continue to act as Trustee, then FARMERS TRUST COMPANY, of Cazlisle, Pennsylvania,
shall act as Trustee in his stead.
ARTICLE IX
This Trust shall be administered and interpreted in accordance with the laws of the
Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, Settlor and Trustees have hereunto set their hands and seals
the day and yeaz aforesaid.
Witness:
\.
SETTLOR:
~~
Barbara Roth Gordon
TRUSTEES:
Barbara Roth Gordon
c
Furgueson IV
-4-
COMMONWEALTH OF PENNSYLVANIA )
. 5S.
COUNTY OF CUMBERLAND )
On this, the ~~ day of ` ~~Y~v 19~I~f , before me, the undersigned
officer, personally appeared BARBARA ROTH GORDON, known to me to be the person whose
name is subscribed to the within instrument, and acknowledged that she executed the same for
the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and notarial seal.
Notary Public
Notarial Seal
Conine L , Nalaty PubBC
Carlisle 8oro t)ertar~d
My Comm~sion Expires May 22,1
. PemsyNanaAfmoa~pn
STATE OF NEW YORK )
COUNTY OF New ~~ )
SS.
On this, the ,~~ S.f day of (V1 cl~ c 1~ , 1984, before me, the undersigned
officer, personally appeared CORNF.LIU5 FURGUESON N, known to me or satisfactorily
proven to be the person whose name is subscribed to the within instrument, and acknowledged
that he executed the foregoing instrument for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal the day and year
aforesaid.
1 Y t i t'M ~ y~Y`~~ P^~-
Notary Public
MARION E. GELLER
NOTARY PUBLIC, Stalls of New 16rk
NO 31-4778722
DueFHetl m New lbrk County
Tenn E>Qxss Oct. 31, ~
-5-
ScxEDULE °B°
1. During the lifetime of Settlor, the net income of the Trust, if any, shall be paid
to or for the nefit of Settlor in at least quarterly installments, and the principal of the Trust,
if any, or any rtion of the principal, shall be paid as Settlor, or someone acting legally on
Settlor's behalf, m demand. Even though Settlor is not adjudicated incompetent, if Settlor is
under a legal disab' or because of mental or physical disability is, in the opinion of the
Trustees hereunder, un~ile to make reasoned demands for amounts from the principal, the
Trustees hereunder shall day for Settlor's benefit such amount from the principal as may be
necessary to maintain for Se r a standard of living approximately equal to that maintained by
Settlor during Settlor's lifetim and to meet Settlor's expense arising from ill health or
invalidism.
2. Upon the death of Settl the principal and undistributed income, if any, shall
be distributed, in equal shares, unto Se is children, WII.LIAM T. GORDON, JR. and
ELIZABETH R. COMSTOCK, absolutely.
3. In the event that either of Settlor's
Settlor and but shall leave issue surviving, then such decease
Trustee and the net income therefrom used for the support,
issue of such deceased child, in equal shares. The Trustee
as the Trustee shall deem necessary or desirable for said p~
shall predecease or fail to survive
child's share shall be held by the
and education of the
use as much of the principal
The Trustee shall further
distribute absolutely the principal of such share of such deceased chid to the issue of such
deceased child per stirpes as each shall attain the age of twenty-one (21)
4. In the event that either of Settlor's children shall fail to survive Settlor and not
leave issue surviving, then such deceased child's share shall be added to the sl~re of Settlor's
other child or his or her issue as if originally a part thereof. ~
Schedule B executed this '~~ day of ~9q y
Witness:
t\~~ C~
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Barbara Roth Gordon
Settlor
FIRST AMENDMENT TO SCHEDULE "B"
OF AGREEMENT OF TRUST DATED MARCH 4, 1994
BETWEEN BARBARA ROTH GORDON. SETTLOR AND
BARBARA ROTH GORDON AND CORNELIUS FURGEUSON, 1V, TRUSTEES
1. During the lifetime of Settlor, the net income of the Trust, if any, shall be paid to
or for the benefit of Settlor in at least quarterly installments, and the principal of the Trust, if any,
or any portion of the principal, shall be paid as Settlor, or someone acting legally on Settlor's
behalf, may demand. Even though Settlor is not adjudicated incompetent, if Settlor is under a
legal disability or because of mental or physical disability is, in the opinion of the Trustees
hereunder, unable to make reasoned demands for amounts from the principal, the Trustees
hereunder shall pay for Settlor's benefit such amount from the principal as may be necessary to
maintain for Settlor a standard of living approximately equal to that maintained by Settlor during
Settlor's lifetime, and to meet Settlor's expense arising from ill health or invalidism.
2. Upon the death of Settlor, the principal and undistributed income, if any, shall be
distributed as follows:
a. The sum of Ten Thousand Dollars ($10,000.00) shall be distributed to each
of ST. JOHN'S EPISCOPAL CHURCH, Cazlisle, Pennsylvania,. and SKIDMORE
COLLEGE.
b. The sum of Ten Thousand Dollars ($10,000.00) shall be distributed to each
of Settlor's grandchildren, WILLIAM COMSTOCK, PAUL KEVIN COMSTOCK,
CHRISTINA COMSTOCK and TAYLOR MARIE GORDON. In the event that any of the
foregoing grandchildren of Settlor shall not have attained the age of 18 yeazs as of the date
of Settlor's death, such bequest for such grandchild shall be held by such grandchild's parent
who shall be the son or daughter, as the case may be, of Settlor for the benefit of such
grandchild and distributed to such grandchild as such grandchild shall attain the age of 18
yeazs.
c. The remaining principal, and undistributed income, if any, shall be divided
into two (2) equal shares with one such share held for the benefit of Settlor's son, WILLIAM
T. GORDON, JR., and the other such shaze held for the benefit of Settlor's daughter,
ELIZABETH R. COMSTOCK. Income from each such share shall be distributed to the
beneficiary thereof, no less often than quarterly. Further, as much of the principal as the
Trustee, in the Trustee's sole discretion, shall determine shall be used for the health,
maintenance and support of such beneficiary taking into account the other resources such
beneficiary has available to him or her. Upon the death of the said income beneficiary, the
principal and undistributed income, if any, of each such share shall be distributed to the issue
of such beneficiary, per stirpes; provided, however, in the evert that any distributes shall fail
to have attained the age of thirty (30) years at the death of the income beneficiary, such share
of such distributes shall be held in further trust for such distributes upon the terms and
conditions hereof to be distributed absolutely upon such distributee's attaining the age of
thirty (30) years.
3. In the event that either of Settlor's children shall fail to survive Settlor and not leave
issue surviving, then such deceased child's share shall be added to the share of Settlor's other child
or his or her issue as if originally a part thereof. ~~~~-
~'~ U , 1997.
First Amendment to Schedule B executed this day of v
Witness: /~ -
/~~'
Barbara Roth Gordon
Settlor
IN RE: TRUST FOR BENEFIT
OF WILLIAM T. GORDON, JR.,
UNDER AGREEMENT DATED
03/04/1994, AS AMENDED,
OF BARBARA GORDON,
DECEASED
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
N0.21-00-898 ORPHANS' COURT
IN RE: PETITION FOR APPOINTMENT OF
GUARDIAN AD LITEM
ORDER OF COURT
AND NOW, this 29th day of June, 2010, upon consideration of the Petition for
Appointment of Guardian Ad Litem, Robert G. Frey, Esquire, is appointed guardian ad
litem for Taylor Marie Gordon with regard to the accounting being filed by Carol
Furgueson, Executrix of the Estate of Cornelius Furgueson, IV, provided, that this
appointment shall be at no cost to the county.
BY THE COURT,
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Wesley OLex`~ Jr.
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Ms. Carol Furgueson, Executrix -~ ~ _
Estate of Cornelius Furgueson, IV, deceased ' ~? ~ _ }'
R'.)
c/o Beacon Global Asset Management '~ ~-:~ - .
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formerly Furgueson Capital Management -~ -~-~ _ _
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19 W. 44th Street
,_, ~ _.
Suite 812 / "~~ ` ~ ~'
New York, NY 10036 y ''~
Ms.Jane F. Burke
M&T Bank
P.O. BOX 220
Carlisle, PA 17013
Ms. Taylor Marie Gordon, Minor
1080 East Bridger
Pahrump, NV 89048
Ms. Taylor Marie Gordon, Minor
c/o Peggy Gordon, Natural Guardian
1080 East Bridger
Pahrump, NV 89048
Robert G. Frey, Esq.
Proposed Guardian ad litem
for Taylor Marie Gordon, Minor
5 South Hanover Street
Carlisle, PA 17013
No V. Otto, III, Esq.
Martson Law Offices
10 East High Street
Carlisle, PA 1 7013
rc
: ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: BARBARA GORDON DECEASED CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-00-0898
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE:
JUDGE'S INITIALS:
TIME S"TAMP DATE:
IN RE: ORDER OF COURT
SERVICE TO: ROBERT G FREY TAYLOR MARIE GORDON
JANE F BURKE CAROL FURGUESON
IVO V OTTO III
METHOD OF MAILING:
® USPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED: 6/29/ 10
SERVICE TO:
ENVELOPES PROVIDED BY:
® PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
METHOD OF MAILING:
^ USPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED:
ENVELOPES PROVIDED BY:
^ PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
Deputy
Clerk of Orphans' Court +
~_~';
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNYSLVANIA
ORPHANS' COURT DIVISION
Docket No: 21-2000-0898
IN RE
FIRST AND PARTIAL ACCOUNT OF CAROL FURGUESON, EXECUTRIX OF THE ESTATE OF
CORNELIUS FURGUESON, IV, DECEASED, TRUSTEE FOR FOR THE TRUST FOR THE BENEFIT OF
WILLIAM T. CORDON, JR. UNDER AGREEMENT OF TRUST OF BARBARA CORDON DATED
MARCH 4, 1994.
AND
PETITION FOR ADJUDICATION/STATEMENT OF PROPOSED DISTRIBUTION
ORDER OF COURT
AND NOW, this 24th day of August, 2010, the herein account is confirmed absolutely.
BY THE COURT,
J. sley Oler, Jr.,
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