HomeMy WebLinkAbout04-0604COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
DEPT. 280601
HARRISBURG, PA 17128-0601
RECEIVED FROM:
PENNSYLVANIA
INHERITANCE AND ESTATE TAX
OFFICIAL RECEIPT
NO.
CD
REV-1162 EX(11-96)
OO4O93
DELLA-CROCE ROBERT N
25 NORTH 24TH ST
CAMP HILL, PA 17011
........ fold
ESTATE INFORMATION: SSN: 176-16-7771
FILE NUMBER: 21 04-0604
DECEDENT NAME: BUTKIEWlCZ JANET S
DATE OF PAYMENT: 06/28/2004
POSTMARK DATE: 06/28/2004
COUNTY: CUMBERLAND
DATE OF DEATH: 03/31/2004
ACN
ASSESSMENT
CONTROL
NUMBER
AMOUNT
101 $17,530.80
TOTAL AMOUNT PAID:
$17,530.80
REMARKS:
SEAL
CHECK# 3191
INITIALS: JA
RECEIVED BY:
GLENDA FARNER STRASBAUGH
REGISTER OF WILLS
REGISTER OF WILLS
COMMONWEALTH OF
PENNSYLVANIA
DEPARIMENT OF REVENUE
DEPll 280601
HARRISBURG, PA 17128-0601
REV-1500
INHERITANCE TAX RETURN
RESIDENT DECEDENT
DECEDENT'S NAME (LAST, FIRST, AND MIDDLE INITIAL)
FILE NUMBER
DATE OF DEATH (MM-DD-YEAR) DATE OF BIRTH (MM-DD-YEAB)
03, --3t- ~.oo,.{ o~, -20-
(IF APPLICABLE) SURVIVING SPOUSE'S NAME (LAST, FIRST, AND MIDDLE INITIAL)
COt~N'rY CO~ YEAR
SOCIAL SECURITY NUMBER
OG o,-/
NUMBER
THIS RETUEN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
SOCIAL SECURITY NUMBER
~ 8. To~l Number of Safe Deposit Boxes
[] 11. Etec'don to tax under Bac. 9113(A) (N~md~ Sch O)
FIRM NAME (~)
TELEPHONE NUMBER
-I. t't. 'l~). 033°,/-lm'l .
1. Real Estate (ScbeduleA) (1)
2. Stocks and Bonds (Schedule B) (2)
3. Closely Held Coqx~aflon, Pateership or Safe-Pro~sh3rshif) (3)
4. Mmigages & Notes Receivabfe (Schedule D) (4)
5. Cash, Bank Dei~mits & MP~e~lansous Personal Propafly (5)
(Schedule E)
6. Joinlly Owned Propar~ (Schedule F) (6)
mm Separate Billing Requested
7. Inter-Vivos Transfers & Miscellaneous Non-Probate Prof~y (7)
(Schedule O or L)
8. Tetel Gr~s Assets (total Lines 1-7)
9. Funeral Expenses & Admimltatra6~e Costs (Schedule H) (9)
10. Debts of Decedeat, Mortgage Uabllilies, & Liens (Schedufe I) (10)
11. Total DeducD~ (total Lldes 9 & 10)
12. Not Vale ~ Estate (Line 8 minus Line 11)
TCOMPLETE MAILING ADDRESS
13. Charitable and Govemmentel Bequests/Sec 9113 Tmste for which an eldcton to tax has no( been
made (Schedule J)
(6) I%~] O&,~. 7_(.
14. NM Value Subject to Tax (Une 12 minus Line 13)
(14) t I G. 5 q 8,. t"z-,
.0. (16)
.0 (16)
.12 (17)
x.ls (18)
(19)
SEE INSTRUCTIONS Off REVERSE SIDE FOR APPUCABLE RATES
15. Amount of Line 14 taxable at the sp~Jsal tax
rate, o~ Iransfem under Sec. 9116 (a)(12)
> > BE SURE TO AI~WER ALL QUE~'ION~ ON RE~ER~ 8JDIE AN~ RECHECK MATH c <
Decedent's Complete Address:
Tax Payments and Credits:
1. Tax Due (Page 1 Line 19)
2. Credits/Payments
A. Spousal Pover[y Credit
B. Prior Payments
C. Discount
ISTA Iz'P
(~) I"l..'~3~q.. 3 Z
Total Credits (A+ B + C)
3. Interest/Penalty if applicable
D. Interest
E. Penalty
Total Inferest/Penalty ( D + E )
4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYlitlENT.
Check box on Page 1 Line 20 to request a refund
5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE.
(2) tS.
(3) ~
(4) ~1~2o
A. Enter the interest on the tax due.
(5A)
B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (5B)
Make Check Payable to: REGISTER OF WILLS, AGENT
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS
1. Did decedent make a transfer and: Yes No~
a. retain the use or incema of the property transferred; .......................................................................................... []
b. retain the right to designate who shall use the property transferred or its income; ............................................ [] ~/
c. retain a reversionary interest; or .......................................................................................................................... [] [~]-~,
d. receive the premise for life of either payments, benef~s or care? ...................................................................... []
2. If death occurred after December 12, 1982, did decedent transfer property within one year of death /
without recek, ing adequate consideration? .............................................................................................................. []
3. Did decedent own an 'in trust for" or payable upon death bank account or security at his or her death? .............. []
4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which
contains a beneficiary designation? ........................................................................................................................ {~ []
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN,
SIGNATURE OF PREPARER OTHER THAN REPRESENTATIVE
DATE
DATE
ADDRESS
For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the cet value of transfers to or for the use of the surviving spouse is 3%
[72 P.S. §9116 {a) (1.1) (i)].
For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0% [72 P.S. §9116 (a) (1.1) (ii)].
The statute does not exemot a transfer to a surviving spouse from tax, and the statuto~j requirements for disclosure of assets and filing a tax return are still applicable even if
the surviving spouse is the only beneficiary.
For dates of death on or after July 1,2000:
The tax rate imposed on the net value of transfers from a deceased chitd twenty-oce years of age or younger at death to or for the use of a natural parent, an adoptive parent,
or a stepparent of the child is 0% [72 P.S. §9116(a)(1.2)].
The tax rate imposed on the net value of transfers to or for the use of the decedent's lireal beneficiahes is 4.5%, except as noted in 72 P.S. §9116(1.2) [72 RS. §9116(a)(1)].
The tax rate imposed on the net value of transfem to or for the use of the decedent's siblings is 12% [72 P.S. §9116(a)(1.3)]. A sibling is defined, under Section 9102, as an
individual who has at least one parent in common with the decedent, whether by blood or edoption~
ESTATE OF
Janet S. But~ewk:z
RLE ~
CD-00~095
IR
VALUE AT DATE
DESCRIPTION O~ DEATH
PNC Bank Account
26.26
TOTAL (A~o er~, m~ [~e 5, Recapilu~a) $ 26.26
REV-1510 EX+ (6-98)
COMMONVVEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE G
INTER-VIVOS TRANSFERS &
MISC. NON-PROBATE PROPERTY
ESTATE OF RLE NUMBER
TI~ sche~Jh~ must ~ c~tad and filed if ~ an~r ~ ~y of ques~s 1 through 4 ~ the reve~ side of the REV-1500 COVER SHE~ is ~.
DESCRIPTION OF PROPERTY
ITEM ~c~uoe THE NA~4E ~ Tt~E TRANSFEm~ THEIR R~k~ m ~ANO DATE OF DEATH % OF DECD'S EXCLUSION TAXABLE
NUMBE~ 'n~ [~ o~ ~4s;~. A~o~ A co~' OF ~ ~;~ ~0~ f~=~. EST~T~ VALUE OF ASSET INI~REST ~ ~=~%IC~BL~ VALUE
1.
TOTAL (Nso enter on li. TRecapitulation) $ ~ J3'7.
(If more space is needed, inert add, tidal sheets of the ~me size)
EV-1~11 EX+
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
SCHEDULE H
FUNERAL EXPENSES &
ADMINISTRATIVE COSTS
FILE NUMBER
7.10q - oc. oq
Debts of decedent must be reported on Schedule ],
iTEM
NUMBER DESCRIPTION AMOUNT
5
FUNERAL EXPENSES:
ADMINISTRATIVE COSTS:
Personal Representative's Commissions
Name of Personal Represen[ative(s)
Social Security Number(s)/EIN Number of Personal Representative(s)
StreetAddress 'Z,.~'- ~,~. "~"~ '~"~
Year(s) Commission Paid: ~
State ~Zip I'--~O ~. I
Attorney Fees
Family Exemption: (If decedent's address is not the same as claimant's, attach explanation)
Claimant
Street Address
City
Relationship of Claimant to Decedent
Probate Fees
Tax Return Preparer's Fees
State __Zip
'-7'-t-
$
q~
TOTAL (Aisc enter on line 9, Recapitulation) $
(If more space is needed, insed additional sheets of the same size)
83/31/2884 13:59 717-257-4726 PATRIOT NEWS PAGE Bi
atdot- euJs
Now you Know
Order Confirmation
Ad Order Customer Payor Customer
0001089738 Deiie-Croce Del[a-Croce
Sales Customer Aooount Payor Account
g~artman 48210 48210
.Order Taker Customer Addres .s. Payor Address
ghartman 139 Centre Street, 6t~ Floor 139 Centre Street, 6th Floor
New York NY 10013 USA New York NY 10013 USA
Order Source
Fax Customer Phone Payor Phone
717-763-8599 717-763-8599
PO Number
Ordered By.
Robert
Customer Fax
Special Pri¢in~l
None
Customer EMail
Tea_ r Sheets_ proof__._~s Affidavits
0 0 0
Invoice Text
.Blind Box
Pro._~mo Type
<NONE>
Ad Order Notes
Materials
Payment Method
it Card - MasterCard:4
Net Amount
$92.64
Payment Amount
$92.64
Tax Amount
$0,00
Amount Due
Total Amount
$92.64
Ad Number Ad Type Ad Size_
0001089738-01 Obits Paid : 1.0 X 40 Li
production Method Production Notes
Ad Booker
External Ad Number
Ad Attributes
Colo~r
<NONE>
Ad Released
No
3/31/2004 1:5§:59PM 1
203 ! Gresen Ridge Street
Dunmore, PA 18512
570-343-4048
Henry W. Degraw - Roever
Supervisor
Strau¢12
F U N E----~-L ~--0-~-~
Fax570-346.6872
602 Birch Street
Scranton, PA 18505
570-343-0413
Rich~dJ. Strauch,Jr.
Supervisor
April 3, 2004
Mr. Robert Della-Croce
25 N. 24th Street
Camp Hill, PA 17011
Statement for the Funeral of Janet S. Butkiewicz
Charge for Set up of Tent, Greens, Chairs, and Lowering Device at Cemetery $90.00
Please make check payable to the Strauch Funeral Home al 'i-~ 6 · oo
Thank You.
The contract for lettering the monument will be coming from Pesavento Monuments.
They will bill you directly.
If you have any questions please give me a call.
· Kramer
DeGraw-Roever-Strauch Funeral Home
2031 Green Ridge Street, Dunmore, PA 18512 570.343-4048
STATEMENT OF FUNERAL GOODS AND SERVICES SELECTED ·
Charm ar~ only for thosc.item~ that ypu selected or that are required. If we are required by law or by a cemetery or a crematory to use any items,
l[~(ou se ectcd a f~aeral that mag reqmre embalming, such gsa fimeral W~th wewmg, you may bqve [o pay ;o tl~aJrmng. You. do not haye to pay for eml~alrmng y
For the Service of: Janet S Butkiewicz Date of Death March 3t, 2004
Charge to: Robert Della-Croce 25 N. 24th Street Camp Hill PA
Name
CHARGE FOR SERVICES SELECTED:
Services of Funeral Director/Staff .......... $
Embalming ........................... $
Other preparation of body
Dressing, Cosmetics, Casketing
1175.00
495.00
.................................... $__ 150.00
SUB-TOTAL OF PROFESSIONAL SERVICES ........ A1 $
Address
1820.00
City
Other Clothing
PackaGe of Mics. Material $
Cremation Urn ..................... $
(Description),
TOTAL MERCHANDISE SELECTED ........... B $
Use of facilities and services for
Viewing (Visitation/Wake) ................ ~
Use of facilities and services for
Funeral Ceremony ..................... $..
Use of facilities and services for
Memorial Service ...................... $..
Use of equipment and services for
Graveside Service ...................... ~..
Other use of facilities
Prep Room, Admn Areas
385.00
SUB-TOTAL OF FACILITIES/EQUIPMENT ............ A2 $
Vehicle to transfer remains from
Local ...............................
Van to Cemetery
Local ...............................
Limousine
Local ................................
Service Vehicle
Local ................................
Flower car or floral disposition
Local ................................
Lead car/Clergy
Local ...............................
Car for pallbearers
Local ................................
Out of town transportation ................
330.00
160.00
75.00
SUB-TOTAL OF AUTOMOTIVE EQUIPMENT ........... A3 $
385.00
565.00
Forwarding of remains to
$
(Funeral Home)
Receiving of remains from
$
(Funeral Home)
Immediate Burial ................... $
Direct Cremation .................. $
$
SUB-TOTAL OF SPECIAL CHARGES .......... C $
D. CASH ADVANCED:
Opening Grave .................... $ 675.00
Cemetery Equipment ............... $.
Lot and Deed. $
Newspaper Notices - Local $
Newspaper Notices - Out-of-town ...... $
Telephone & Telegrams ............. $
Airfare ........................... $
Clergy/Mass Offedng $ 50.00
Pallbearers ....................... $
Certified Copies of the Death Certlficate.$ 54.00
Police Escort ...................... $
Flowers .... $
Vault Service Charge ............... $.
$.
$.
$
$
$
SUB-TOTAL OF ADVANCES .................. D $
~spe clf~.arge you for our ~erviqes in obtaining:
ecl~y cesn aovance
TOTAL OF PROFESSIONAL SERVICES,
FACILITIES AND AUTOMOTIVE
EQUIPMENT .................................... A
B. CHARGES FOR MERCHANDISE
Casket .............................. $
(Description) Hancock-18 GA. Metal
Outer Receptacle .................... $
(Description) MnnticeHo
SUMMARY OF CHARGES:
2770.00 A. Professional Services, Facilities and
Equipment and Automotive
2460.00 Equipment ....................... $.
B. Merchandise ...................... $
129'.-0~u O. CashAdvances ................... $.
2770.00
3755.00
779.00
/~TAL OF ALL SELECTIONS ........... $
PAID AT TIME OF OR PRIOR TO ~
State
3755.00
779.00
7304.00
............................... $__ 150.00
SUB-TOTAL OF PROFESSIONAL SERVICES .... A1 $
1820.00
$
TOTAL MERCHANDISE SELECTED .......... B $
Forwarding of remains to
$
(Funeral Home)
Receiving of remains from
3755.00
Use of facillties and services for
Viewing (VisitationNVake) ................
Use of facilities and services for
Funeral Ceremony ..................... $.
Use of facilities and services for
Memorial Service ...................... $.
Use of equipment and services for
Graveside Service .................... ~. ·
Other use of facilities
Prep Room, Admn Areas
385.00
Vehicle to transfer remains from
Local ............................... $
Van to Cemetery
Local ............................... $
Limousine
Local ................................ $
Service Vehicle
Local ................................ $
Flower car or floral disposition
Locel ................................ $
Lead car/Clergy
Local ............................... $
Car for pallbearers
Local ............................... $
Out of town transportation ................ $
$
330.00
160.00
75.00
$
SUB-TOTAL OF AUTOMOTIVE EQUIPMENT ........... A3 $
385.00
565.00
(Funeral Home)
immediate Budal ................... $
Direct Cremation ................ $
$
SUB-TOTAL OF SPECIAL CHARGES .......... C $
D, CASH ADVANCED:
Opening Grave .................... $ 675,00
Cemetery Equipment ............... $.
Lot and Deed .... $
Newspaper Notices - Local ....... $
Newspaper Notices - Out-of-town ...... $
Telephone & Telegrams $
$
Airfare ...........................
Clergy/Mass Offering .. $ 50.00
Pallbearers ....................... $
Certified Copies of the Death Certificate.$ 54,00
Police Escort ...................... $
Flowers .......................... $_
Vault Service Charge ............... $.
$.
$.
$
$
$
$
SUB-TOTAL OF ADVANCES .................. D $
~/spe cb. arge you for our 8erviqes in obtaining:
ecity casn aovance i~ems).
779.00
TOTAL OF PROFESSIONAL SERVICES,
FACILITIES AND AUTOMOTIVE SUMMARY OF CHARGES:
EQUIPMENT .................................... A $ 2770,00 A. Professional Services, Facilities and
Equipment and Automotive
B. CHARGES FOR MERCHANDISE Equipment ....................... $. 2770.00
Casket .............................. $ 2460.00
.B. Memhandise ...................... ~ 3758.00
(Description) Hancock-18 GA. Metal /~'-~,--A ,,C. SpecialCharges ...................
/~,/]~j~ OJ.t_ ~/~'~'D.'f Cash Advances ................... $ 779.00
Outer Receptacle ..................... $ 1298.00
(Description) M.nric~llo "~'/~. /~ IiC~ ('~' /~TAL OF ALL SELECTIONS ................. $ 7304.00
Outer burial container.. $ I~ '-) ~.~,o/1~ ~~'~ PAID AT TIME OF OR PRIOR TO
~ ~ffl/~ /w ARRANGEMENTS ........................... $ 0.00
(Description). ~ ~l~tO~',o/°~c( BALANCE DUE ............................. $ 7304.00
~[ REASON'FOR EMBALMING
Acknowledgement cards $8 .............. ~ /~ y
Register Book(s) $25,50,90 ............... $
Memorial folders ...................... -$. fany law, cemetery or crematory mqu rements have required thc purch~c of
Prayercerds $40 ..................... -$. anyo£thcitcms stedabovcthe'laworrcquircmcntiscxplainedUclow*
Temporary grave marker ................ -$*
Burial clothing ........................
I ree that I have examined the terms of goods and services se ected above and found them to be correct and according to the arrangements I have request~
a.g ........... · ,'-,- o,-,-~n* of Funeral Goods and Services Selected I represent that I have suffic ent funds available for p. aym. e. nt
A ate char e of amountinflto per year will be a. pp ed to the unpa dba ance beginning :}0 d
Those costsJa~ay-mclot~cettorney's fees, court cosL~ and other costs Any additional services or merchandise ordered or requested after the date of this agraen
will be con~der~dA~atl'-of this agrea'~ent and the.cost thereof will be reflected on the final bill or statement. , J J
",~' £ ' ~'"~/(Purch~-~J?T~ --- ~.~.~- .,('date) ~.
(Purchaser) /'" ~--7' ,(Ecensed~Funeral Director)
t?01, ORRM ST,
AMOUNT $ 200.00
TOTAL ~ 200.00
)NUMENTS, INC.
:ranmn, PA 18504
athedral Cemetery
'oll Free: 1 (888) 331-7700
342-1548
[emorialist
Data April 12, 2004Phone 717-515-3154
Inagraemantwlth Estate of Janet Butkiewicz
Robert Della-Croce
Street 25 North 24th Street
City/Stats/Zip Camp Hill, PA 17011
WORK ORDER
LotNo. 158~ BK 24
BUTKIEWICZ ( STEVENS )
- Cleaning -- Repair -- Other:
Tablet -- Base -- Marker -- Other:
In position #2 of 3 on memorial base to the right of inscription
for LEONARD F. inscribe:
*Note:
1904 - 2004
If middle initial is desired please furnish and add
$8 to lettering total. Thank you.
Existing name on memorial:
LEONARD F. (SPACE) (SPACE)
i 903 I 980
Re~iuested__bv S t r au ~_h__F~_~[O~k~_
A note about cemetery lettering: It is difficult to give a completion date for any cemetery work.
it must be dona under ideal weather conditions. Lettering cannot be done in winter or when
temperatures are below 60°. We cannot promise .lettering for any specific date. Our portable
unit is sent out periodically between June and late Fall. Your order will be completed as soon as
possible after receipt of your work order.
Terms: Net due upon presentation of statement to be sent upon completion of this work.
11/2% Interest per month will be charged on all past due balances, equal to 18% annual rate.
Note: Contract price does not include any cemetery charges or fees.
I approve this work and the specified lettering as to the correctness of the spelling, dates
IDeposit of one half
requested.
AMOUNT: $192.00
DEPOSIT:
BALANCE:
and ,ocatlo.n. on t/~emor2~/~.j~ ,~o~ay t~e sum O'$192- O0 for the above work.
~ (Lot ~or Aut~brized Parson)
INS?~O?IONS: PLEASE OHEOK TO BE SUrE THE INSORIPTION IS GO~REOT. SIQN
COMMONWEALTH OP PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
EBTATE OF
SCHEDULE I
DEBTS OF DECEDENT,
MORTGAGE LIABILITIES, & LIENS
FILE NUMBER
'2..10~ - 0~,o~
Report debts incurred by the decedent prior to death which remained unpaid as of the date of death, including unreimbursed medical expenses.
ITEM VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
TOTAL (Also enter on line 1 O, Recapitulation) $ ~ c.~. ~'(p,
(If more space is needed, insert additional sheets of the same size)
REV-15~3 EX+ (gq)0), i
SCHEDULE J
COMMONWE^~H OE
INHERITANCE TAX RETURN BENEFICIARIES
RESIDENT OECEDENT .
ESTATE OF FILE NUMBER
RELATIONSHIP TO DECEDENT AMOUNT OR SHARE
NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE
TAXABLE DISTRIBUTIONS [include outright spousal distributions, and transfers under
Sec 9116 (a) (1.2)]
ENTER DOLLAR AMOUNTS FOR D~STRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE, ON REV-1500 COVER SHEET
NON-TAXABLE DISTRIBUTIONS:
A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE
B CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
TOTAL OF PART II - ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET $ ~, Z~ ~
(If more space is needed, insert additional sheets of the same size)
CAMP HILL UMC
417 S 221'4'D ST '
CAMP HILL, PA 17011
MRS JANET BUTKIEWICZ
C/O MR ROBERT N DELLA-CROCE
25 N 24TH ST
CAMP HILL PA 17011-3601
Page: 1
2nd Qtr 2004 plain
Reflects 2004 Gifts
04/01/2004 to 06/30/2004
All Funds
Envelope #: 262
Your contributions of time, talent and financial gifts are
making a difference in the lives of persons of all ages. We
encourage all our members to give in response to God's great
gifts to you!
Date Fund Description
05/02/2004 Building Fund
05/02/2004 Regular Giving
Gift Description Amount Check
$1,000.00
$4,000.00
$5,000.00
Fund Description
Building Fund
Regular Giving
Fund Summary
Amount Total Pledge Prepayments Pledge Balance
$1,000.00 $0.00 $0.00 $0.00
$4,000.00 $0.00 $0.00 $0.00
$5,000.00 $0.00 $0.00 $0.00
Unless otherwise noted, the only goods or services provided are intangible religious benefits.
· Merrill Lynch
Important Notice
JANET S. BUTKIEWICZ TTEE
U/A DTD 09/05/1997
BY JANET S. BUTKIEWICZ
4905 E TRINDLE RD # 3103
MECItANICSBURG PA 17050
April27, 2004
Check Notification
In accordance with your instructions, we have issued and mailed a check from your account. Details
appear below. Please take a moment to review this information.
Account Numlier 519- 36227
Check Amount
$5,000.00
Issue Date 04/27/04
lssued To
DUNMORE UNITED METIIODIST
CHURCII
If any of this information is incorrect, or if you have questions, please contact your Merrill Lynch
Financial Advisor or call (800) MERRILL (637-7455). Hearing-impaired clients, please call (866)
657-3323 (TTY).
Your Financial Advisor is:
COLUMBIA, MD
10320 Little Patuxent Pkwy.
Suite 1000
Columbia, MD 21044
(800) 937-0648
Code: OMCA Check Confirm v10.03 CMSSUCP9903
· Merrill Lynch
Important Notice
UCPI$010 000000586
JANET S. BUTKIEWICZ TTEE
U/A DTD 09/05/1997
BY JANET S. BUTKIEWICZ
4905 E TRINDLE RD # 3103
MECIIANICSBURG PA 17050
April 27, 2004
Check Notification
In accordance with your instructions, we have issued and mailed a check from your account. Details
appear below. Please take a moment to review this information.
Account Number 519-36227
Check Amount
$5,000.00
Issue Date 04/27/04
Issued To
CAMP tIILL UNITED METHODIST
CHURCII
If any of this information is incorrect, or if you have questions, please contact your Merrill Lynch
Financial Advisor or call (800) MERRILL (637-7455). Heating-impaired clients, please call (866)
657-3323 (TI'Y).
Your Financial Advisor is:
COLUMBIA, MD
10320 Little Patuxent Pkwy.
Suite 1000
Columbia, MD 21044
(800) 937-0648
Code: OMCA Check Confirm vi0.03 CMSSUCP9903
O'
tJJ
ILl
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENTOFREVENUE
BUREAU OFIND[VIDUAL TAXES
DEPT. 28~01
HARRISBURG, PA 17128 O601
RECEIVED FROM:
PENNSYLVANIA
INHERITANCE AND ESTATE TAX
OFFICIAL RECEIPT
REV- 1162 EX(11-96)
NO. CD 004093
DELLA-CROCE ROBERT N
25 NORTH 24TH ST
CAMP HILL, PA 17011
........ fold
ESTATE INFORMATION: SSN: 176-16-7771
FILE NUMBER: 2104- 0604
DECEDENT NAME: BUTKIEWlCZ JANET S
DATE OF PAYMENT: 06/28/2004
POSTMARK DATE: 06/28/2004
COUNTY: CUMBERLAND
DATE OF DEATH: 03/31/2004
ACN
ASSESSMENT
CONTROL
NUMBER
AMOUNT
101 $17,530.80
TOTAL AMOUNT PAID:
7,530.80
REMARKS:
SEAL
CHECK# 3191
INITIALS: JA
RECEIVED BY:
GLENDA FARNER STRASBAUGH
REGISTER OF WILLS
TAXPAYER
HI05 905 REV.(01/03)
This is to certify that this is a true copy of the record which is on file in the Pennsylvania Division of Vital Records in accordance
with Act 66, P.L. 304, approved by the General Assembly, June 29, 1953.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
3131235
No.
Charles Hardester
State Registrar
APR 0 8 ZOO4
Date
CERTIFICATE OF DEATH
Janet S Butkiewic= I* F~.I= I 176- 16 -- 7771 4March 31 2004
~ Robert Dell&-Croce
014115- L
6:20 ~ March 31t 2004
~pn O R
AMENDMENT TO TMw.
JANET S. BUTKIEWICZ
REVOCABLE TRUST
THIS AMENDMENT TO TRUST AGREEMENT is executed in triplicate on
this 17th day of November, 2000, by and between JANET S.
BUTKIEWICZ, now of Country Meadows, Trindle and Sporting Hill
Roads, Mechanicsburg, Cumberland County, Pennsylvania (herein
called "Settlor',), and JANET S. BUTKIEWICZ, now of Country Meadows,
Trindle and Sporting Hill Roads, Mechanicsburg, Cumberland County,
Pennsylvania (herein called "Trustee").
WHEREAS, Settlor established "The Janet S. Butkiewicz
Revocable Trust,, by trust agreement dated September 5, 1997; and
WHEREAS, Settlor now desires to amend said trust agreement as
expressly permitted by the terms thereof.
NOW THEREFORE, know all men by these presents that:
I. Paragraph 4.03 of "The Janet S. Butkiewicz Revocable
Trust" dated September 5, 1997, is hereby amended to read as
follows:
"4.03. Termination and Distribution of Trust.. Upon
the Settlor's death, this Trust shall terminate, and the
remaining trust estate shall be distributed as follows:
A. FIVE THOUSAND AND 00/100 DOLLARS
($5,000.00) shall be distributed to the
memorial fund of the DUNMORE UNITED METHODIST
CHURCH, South Blakly Street, Dunmore,
Pennsylvania;
B. FIVE THOUSAND AND 00/100 DOLLARS
($5,000.00) shall be distributed to the CAMP
HILL UNITED METHODIST CHURCH, 417 South 22nd
Street, Camp Hill, Pennsylvania; and
C. The balance of the trust estate
shall be distributed to the Settlor's niece,
ANN H. DELLA-CROCE, and her husband, ROBERT N.
DELLA-CROCE, or to the survivor of them, or if
they have both predeceased the Settlor, then
to their surviving issue in equal shares, per
stirpes; provided, however, that no
distribution shall be made to their son, JOHN
R. DELLA-CROCE, because such distribution
would only be consumed by the cost of his
medical care.
D. Settlor has intentionally omitted
any distributions hereunder to her son,
LEONARD F. BUTKIEWICZ, JR. a/k/a LEONARD F.
BUCK, or his issue."
II. In all other respects, "The Janet S. Butkiewicz Revocable
Trust" dated September 5, 1997, is hereby ratified and confirmed.
IN WITNESS WHEREOF, the Settlor and Trustee have hereunto set
their hands and seals as of the day and year first written above.
WITNESS:
{L/JANET S. BUTKIEWICZ, SET~eL-OR
(SEAL)
COMMONWEALTH OF PENNSYLVANIA :
: SS:
COUNTY OF CUMBERLAND :
On this, the /~~ day of ~ , 2000, before me, a
Notary Public, the undersigned officer, personally appeared MARK E.
HALBRUNER, known to me (or satisfactorily proven) to be a member of
the bar of the highest court of said state and a subscribing
witness to the within instrument, and certified that he was
personally present when JANET S. BUTKIEWICZ and the above
witnesses, whose names are subscribed to the within instrument,
executed the same and that said persons acknowledged that they
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
My Commission Expires:
Notarial Seal 1
Teri L. Walker, Notary Public
Lemoyne Boro, Cumberland County
My Commission Expires Jan, 20, 2003
Member, Pennsylvania Association ol Notaries
2
The foregoing Amendment to Trust Agreement was delivered, and
is hereby accepted, at Mechanicsburg, Pennsylvania, on November 17,
2000.
WITNESS:
ET S. BUTKIEWICZ, TRUS~
3
THE
JANET S. BUTKIEWICZ
REVOCABLE TRUST
THIS TRUST AGREEMENT is executed in triplicate on this 5th day
of September, 1997, by and between JANET S. BUTKIEWICZ, now of 109
May Drive, Apartment %1, Camp Hill, Cumberland County, Pennsylvania
17011 (herein called "Settlor"), and JANET S. BUTKIEWICZ, now of
109 May Drive, Apartment #1, Camp Hill, Cumberland County,
Pennsylvania 17011 (herein called "Trustee").
ARTICLE I.
PARTIES, PERSONAL DATA AND TABLE OF CONTENTS
1.01. Parties and Personal Data. The Settlor is a widow, her
husband, LEONARD F. BUTKIEWICZ, having passed away on July 23,
1980. The Settlor's sole child is LEONARD F. BUTKIEWICZ, JR. a/k/a
LEONARD F. BUCK.
1.02. Table of Contents. PAGE
ARTICLE I.
PARTIES, PERSONAL DATA AND TABLE OF CONTENTS
1.01 Parties and Personal Data .................. 1
1.02 Table of Contents .......................... 1
ARTICLE II.
TRUST ESTATE
2.01 Transfer to Trust .......................... 2
2.02 Additional Transfers to Trust .............. 2
ARTICLE III.
LIFE INSURANCE POLICIES
3.01 Transfers of Life Insurance to Trust ....... 3
3.02 Payment of Premiums ........................ 3
3.03 Rights in the Life Insurance Reserved
to Settlor ................................. 4
3.04 Duties of Trustee Regarding the Life
Insurance .................................. 4
ARTICLE IV.
DISTRIBUTIONS FROM TRUST
4.01 Distributions During Settlor's Life ........ 5
4.02 Settlor's Special Power of Appointment ..... 5
4.03 Termination and Distribution of Trust ...... 5
ARTICLE V.
POWERS OF TRUSTEE
5.01 General Powers ............................. 6
ARTICLE VI. SPENDTHRIFT PROVISION
6.01 General Provisions ........................ 10
ARTICLE VII.
CONSTRUCTION OF TRUST
7.01 Choice of Law ............................. 10
7.02 Code ...................................... 10
7.03 Other Terms ............................... 10
7.04 Captions and Table of Contents ............ 10
7.05 Situs of Trust ............................ 11
ARTICLE VIII.
COMPENSATION OF TRUSTEE AND APPOINTMENT OF
SUCCESSOR TRUSTEE
8.01 Compensation .............................. 11
8.02 Removal or Resignation of Trustee ......... 11
8.03 Successor Trustee ......................... 11
ARTICLE IX.
PERPETUITIES CLAUSE
9.01 General Provisions ........................ 11
ARTICLE X.
REVOCATION AND AMENDMENTS
10.01 Reservation of Powers .................... 12
10.02 Effect of Settlor's Incapacity ........... 12
ARTICLE XI.
PAYMENT OF TAXES, FUNERAL EXPENSES AND
EXPENSES OF ADMINISTRATION
11.01 Payment of Death Taxes and Other
Estate Settlement Costs .................. 13
ARTICLE II.
TRUST ESTATE
2.01. Transfer to Trust. Settlor does hereby assign,
transfer and deliver to the Trustee and her successors and assigns
the property described in Schedule "A" attached hereto and made a
part hereof, or as Schedule "A" may be amended. As further
evidence of such assignment, the Settlor has executed or will
execute or cause to be executed such other instruments as may be
required for the purposes of completing the assignment or transfer
of title to such property to the Trustee. The Trustee accepts such
transfer and assignment to herself as Trustee, and the Trustee
undertakes to hold, manage, invest and reinvest the assets of this
Trust, and to distribute the income and principal of the Trust, in
accordance with the provisions of this Agreement.
2.02. Additional Transfers to Trust. The Settlor, and any
other person with the consent of the Trustee, shall have the right
at any time to make additions to the corpus of this Trust or any
shares thereof hereby established. All such additions shall be
held, controlled and distributed by the Trustee in accordance with
the terms and conditions of this Agreement.
2
ARTICLE III.
LIFE INSUP~=NCE POLICIES
3.01. Transfers of Life Insurance to Trust. If any insurance
policies are transferred into this Trust, the Trustee shall be
vested with all right, title and interest in and to the transferred
policies of insurance, and the Trustee is authorized and empowered
to exercise and enjoy, for the purposes of the Trust herein created
and as absolute owner of such policies of insurance, all the
options, benefits, rights and privileges under such policies,
including the right to borrow upon and to pledge them for a loan or
loans. The Trustee takes all rights, title and interest in and to
such insurance policies subject to any prior split-dollar life
insurance agreement which may be in effect at the time of the
transfer. The insurance companies which have issued such policies
are hereby authorized and directed to recognize the Trustee as
absolute owner of such policies of insurance and as fully entitled
to all options, rights, privileges and interests under such
policies, and any receipts, releases and other instruments executed
by the Trustee in connection with such policies shall be binding
and conclusive upon the insurance companies and upon all persons
interested in this Trust.
3.02. Payment of Premiums. It is the intention of the
Settlor to pay any and all premiums, assessments or other charges
necessary to keep each policy included in the Trust in force unless
such premiums shall be paid by the insured thereunder (where the
insured is someone other than the Settlor) or in some other manner,
but the Settlor shall be under no duty in this respect and shall
incur no liability to the beneficiaries of the Trust or to any
other person if the Settlor shall permit any such policy to lapse
for nonpayment of premiums, assessments or charges, or otherwise
permit any such policy to become uncollectible.
The Trustee shall be under no obligation to pay the premiums
which may become due and payable under the provisions of any policy
of insurance which may be transferred or assigned to this Trust, or
to make certain that such premiums are paid by the transferor of
such policy, or to notify any persons of the nonpayment of such
premiums, and the Trustee shall be under no responsibility or
liability of any kind in case such premiums are not paid, except
that the Trustee shall apply any dividends received by the Trustee
on such policies to the payment of premiums thereon.
Upon notice at any time during the continuance of this Trust
that the premiums due upon such policies are in default, or that
premiums which will become due will not be paid, either by the
transferor or by any other person, the Trustee, within her sole
discretion, may apply any cash values attributable to such policy
3
to the purchase of paid-up insurance or of extended insurance, or
may borrow upon such policy for the payment of premiums due
thereon, or may accept the cash values of such policy upon its
forfeiture. In the event that the Trustee receives the cash value
of such policy upon its forfeiture for nonpayment of premiums, the
amount received shall be added to the corpus of this Trust and
shall be administered according to the terms of this Agreement. If
the insured under such policies of insurance becomes totally and
permanently disabled within the meaning of any policies and because
thereof the payment of premiums, or any of them, shall be waived
during the pendency of such disability, then upon receipt of such
knowledge, the Trustee shall promptly notify the insurance company
which has issued such policies and shall take any and all steps
necessary to make such waiver of premium provision effective.
3.03. Rights in the Life Insurance Reserved to Settlor. The
following rights, exercisable without the consent of the Trustee or
the beneficiaries of the Trust, are expressly reserved by the
Settlor during the Settlor's lifetime with respect to each policy
included in the Trust insuring the Settlor's life and owned by the
Settlor and made payable to the Trustee hereunder: (1) to exercise
all options, elections, rights and privileges accorded to the
Settlor under the terms of any such policy, (ii) to obtain all or
any part of the loan value of any such policy, (iii) to use any
such policy as collateral for a loan, (iv) to sell, assign or
pledge any such policy, (v) to receive any dividends, distributive
shares of surplus earnings, disability benefits, surrender values
or the proceeds of matured endowments, (vi) to change the named
beneficiary to whom the proceeds of such policy are payable on the
insured's death and (vii) to convert any or all policies into other
forms of insurance or annuities or to permit the same to lapse.
The Trustee agrees to execute any and all instruments that may be
necessary to permit the exercise of any such rights by the Settlor,
without liability to anyone for so doing. Upon the maturity of any
llfe insurance policy included in the Trust, whether at the
insured's death or at any other time, the Trustee shall collect the
proceeds thereof.
3.04. Duties of Trustee Regarding the Life Insurance. The
Trustee shall be under no obligation or duty whatsoever except with
respect to the safekeeping of such policies of insurance and the
duty to receive such sums as may be paid to her, in accordance with
the requirements of this Trust, by the companies issuing such
policies, and to hold, manage and disburse such proceeds subject to
the terms of this Agreement. Upon the death of the insured, the
Trustee shall make reasonable efforts to carry out the provisions
of this Agreement, including the maintenance or defense of any
suit; provided, however, the Trustee shall be under no duty to
maintain or enter into any litigation unless her expenses,
4
including counsel fees and costs, have been advanced or guaranteed
in an amount and in a manner reasonably satisfactory to her. The
Trustee may repay any advances made by her or reimburse herself for
any such fees and costs from any corpus or income of this Trust.
ARTICLE IV.
DISTRIBUTIONS FROM TRUST
4.01. Distributions During Settlor's Life. The Trustee shall
pay to, or apply for the benefit of, the Settlor: (1) so much of or
all of the income and so much of or all of the principal as the
Trustee deems desirable for the most comfortable care, support,
maintenance, welfare, education, happiness, luxuries and any needs
arising from illness, accidents or other emergencies of the
Settlor; and (2) so much of or all of the income and so much of or
all of the principal as the Settlor shall request.
4.02. Settlor's Special Power of Appointment. The Settlor
shall have the power at any time, exercisable by instrument(s) in
writing delivered to the Trustee during the Settlor's life
specifically referring to this Subparagraph 4.02, to appoint all or
any portion of the principal and any accumulated and accrued income
of this Trust, except any policies of insurance on the life of the
Settlor. Any appointment made under this Subparagraph 4.02 may be
upon any terms and conditions (including further trusts) to or for
the benefit of any one or more individuals as the Settlor deems
advisable. However, no such appointment may be made to the
Settlor's estate, the Settlor's creditors or the creditors of the
Settlor's estate, nor may any general powers of appointment be
created by the exercise of the special power of appointment created
herein.
4.03. Termination and Distribution of Trust. Upon the
Settlor's death, this Trust shall terminate and the remaining trust
estate shall be distributed as follows:
A. FIVE THOUSAND AND 00/100 DOLLARS ($5,000.00) or THREE
PERCENT (3%) of the remaining trust estate, whichever is less,
shall be distributed to the Settlor's daughter-in-law, MARGARET M.
BUCK, if she survives the Settlor;
B. SIXTY THOUSAND AND 00/100 DOLLARS ($60,000.00) or THIRTY-
SIX PERCENT (36%) of the remaining trust estate, whichever is less,
shall be distributed to the Settlor's grandson, GREGORY B. BUCK, or
if he has predeceased the Settlor, then to his surviving issue in
equal shares, per stirpes;
C. TWENTY-FIVE THOUSAND AND 00/100 DOLLARS ($25,000.00) or
FIFTEEN PERCENT (15%) of the remaining trust estate, whichever is
5
less, shall be distributed to the Settlor's niece, ANN H. DELLA-
CROCE, or if she has predeceased the Settlor, then to her surviving
issue in equal shares, per stirpes; provided, however, that no
distribution shall be made to her son, JO~N R. DELLA-CROCE, because
such distribution would only be consumed by the cost of his medical
care;
D. FIVE THOUSAND AND 00/100 DOLLARS ($5,000.00) or THREE
PERCENT (3%) of the remaining trust estate, whichever is less,
shall be distributed to the memorial fund of the DUNMORE UNITED
METHODIST CHURCH, South Blakly Street, Dunmore, Pennsylvania;
E. FIFTEEN THOUSAND AND 00/100 DOLLARS ($15,000.00) or NINE
PERCENT (9%) of the remaining trust estate, whichever is less,
shall be distributed to the Settlor's nephew, RICHA/%D T. STEVENS,
or if he has predeceased the Settlor, then to his surviving issue
in equal shares, per stirpes;
F. FIFTEEN THOUSAND AND 00/100 DOLLARS ($15,000.00) or NINE
PERCENT (9%) of the remaining trust estate, whichever is less,
shall be distributed to the Settlor's nephew, JOSEPH P. HATCH, JR.,
or if he has predeceased the Settlor, then to his surviving issue
in equal shares, per stirpes; and
G. The balance of the trust estate remaining after
satisfaction of the foregoing distributions shall be distributed to
the Settlor's niece, ANNE H. DELLA-CR0CE, and her husband, ROBERT
N. DELLA-CROCE, or to the survivor of them, or if they have both
predeceased the Settlor, then to their surviving issue in equal
shares, per stirpes; provided, however, that no distribution shall
be made to their son, JOHN R. DELLA-CKOCE, because such
distribution would only be consumed by the cost of his medical
care.
H. Settlor has intentionally omitted any distributions
hereunder to her son, LEONARD F. BUTKIEWICZ, JR. a/k/a LEONARD F.
BUCK.
ARTICLE V.
POWERS OF TRUSTEE
5.01. General Powers. In addition to such other powers and
duties as may have been granted elsewhere in this Trust or by law,
but subject to any limitations contained elsewhere in this Trust,
the Trustee shall have the following powers and duties:
A. In the management, care and disposition of this Trust, the
Trustee shall have the power to do all things and to execute such
deeds, instruments or other documents, as may be deemed necessary
and proper, including the following powers, all of which may be
exercised without order of or report to any court:
(1) To sell, exchange or otherwise dispose of any
property, real, personal or mixed, at any time held or
acquired hereunder, at public or private sale, for cash or on
terms, without advertisement, including the right to lease for
any term notwithstanding the period of the Trust, and to grant
options, including an option for a period beyond the duration
of the Trust.
(2) TO invest all monies in such stocks, bonds,
securities, investment companies or trust shares, mortgages,
notes, choses in action, real estate, improvements thereon,
and other property as the Trustee may deem best, without
regard to any law now or hereafter in force limiting
investments of fiduciaries; except that a corporate Trustee
may not invest in any stock or securities issued by such
corporate Trustee or issued by a parent or affiliate company
of such corporate Trustee.
(3) To retain for investment any property deposited with
the Trustee hereunder; except that a corporate Trustee may not
retain for investment any stock or securities issued by such
corporate Trustee or issued by a parent or affiliate company
of such corporate Trustee.
(4) To vote in person or by proxy any corporate stock or
other security and to agree to take any other action in regard
to any reorganization, merger, consolidation, liquidation,
bankruptcy or other procedure or proceedings affecting any
stock, bond, note or other security held by this Trust.
(5) TO use lawyers, real estate brokers, accountants and
other agents if such employment is deemed necessary or
desirable, and to pay reasonable compensation for their
services.
(6) TO compromise, settle or adjust any claim or demand
by or against the Trust and to agree to any rescission or
modification of any contract or agreement affecting the Trust.
(7) TO renew any indebtedness, as well as to borrow
money, and to secure the same by mortgaging, pledging or
conveying any property of the Trust, including the power to
borrow from the Trustee (in the Trustee's individual capacity)
at a reasonable rate of interest.
7
(8) TO retain and carry on any business in which the
Trust may acquire any interest, to acquire additional
interests in any such business, to agree to the liquidation in
kind of any corporation in which the Trust may have any
interest and to carry on the business thereof, to join with
other owners in adopting any form of management for any
business or property in which the Trust may have an interest,
to become or remain a partner, general or limited, in regard
to any such business or property and to hold the stock or
other securities as an investment, and to employ agents and
confer on them authority to manage and operate the business,
property or corporation, without liability for the acts of any
such agent or for any loss, liability or indebtedness of such
business if the management is selected or retained with
reasonable care.
(9) TO register any stock, bond or other security in the
name of a nominee, without the addition of words indicating
that such security is held in a fiduciary capacity, but
accurate records shall be maintained showing that the stock,
bond or other security is a trust asset, and the Trustee shall
be responsible for the acts of the nominee.
(10) To merge this Trust with any other trust created in
Settlor's will or otherwise, with similar provisions and
purposes and the same beneficiary or beneficiaries, but only
to the extent that the merger of the trusts will not cause the
imposition of gift tax, estate tax or generation-skipping tax,
federal or otherwise.
B. Whenever the Trustee is directed to distribute any trust
principal in fee simple to a person who is then under twenty-one
(21) years of age, the Trustee shall be authorized to hold such
property in separate trust for such person until he becomes twenty-
one (21) years of age, and in the meantime shall use such part of
the income and principal of the separate trust as the Trustee may
deem necessary to provide for the proper support and education of
such person in the standard of living to which he has become
accustomed. If such person should die before becoming twenty-one
(21) years of age, the property then remaining in separate trust
shall be distributed to the personal representative of such
person's estate.
C. In making distributions from the Trust to or for the
benefit of any minor or other person under a legal disability, the
Trustee need not require the appointment of a guardian, but shall
be authorized to pay or deliver the distribution to the custodian
of such person, to pay or deliver the distribution to such person
without the intervention of a guardian, to pay or deliver the
8
distribution to the legal guardian of such person if a guardian has
already been appointed, or to use the distribution for the benefit
of such person.
D. In the distribution of the Trust and any division into
separate trusts and shares, the Trustee shall be authorized to make
the distribution and division in money or in kind or in both,
regardless of the basis for income tax purposes of any property
distributed or divided in kind, and the distribution and division
made and the values established by the Trustee shall be binding and
conclusive on all persons taking hereunder. The Trustee may, in
making such distribution or division, allot undivided interests in
the same property to several trusts or shares.
E. If at any time after Settlor's death the total fair market
value of the assets of any trust established or to be established
hereunder is so small that a corporate trustee's annual fee for
administering the trust would be equal to or less than the minimum
annual fee set forth in the trustee's regularly published fee
schedule then in effect, the Trustee in its discretion shall be
authorized to terminate such trust or to decide not to establish
such trust, and in such event the property then held in or to be
distributed to such trust shall be distributed to the persons who
are then or would be entitled to the income of such trust. If the
amount of income to be received by such persons is to be determined
in the discretion of the Trustee, then the Trustee shall distribute
the property among such of the persons to whom the Trustee is
authorized to distribute income, and in such proportions, as the
Trustee in its discretion shall determine.
F. The Trustee shall be authorized to lend or borrow,
including the right to lend to or borrow from the Settlor's estate,
at an adequate rate of interest and with adequate security and upon
such terms and conditions as the Trustee shall deem fair and
equitable.
G. The Trustee shall be authorized to sell or purchase, at
the fair market value as determined by the Trustee, any property
including any property to or from Settlor's estate, or any trust
created by Settlor during life or by will, even though the same
person or corporation may be acting as executor of Settlor's estate
or as trustee of any such other trusts and as the Trustee of this
Trust.
H. The Trustee shall have discretion to determine whether
items should be charged or credited to income or principal or
allocated between income and principal as the Trustee may deem
equitable and fair under all the circumstances, including the power
to amortize or fail to amortize any part or all of any premium or
9
discount, to treat any part or all of the profit resulting from the
maturity or sale of any asset, whether purchased at a premium or at
a discount, as income or principal or apportion the same between
income and principal, to apportion the sales price of any asset
between income and principal, to treat any dividend or other
distribution on any investment as income or principal or to
apportion the same between income and principal, to charge any
expense against income or principal or apportion the same, and to
provide or fail to provide a reasonable reserve against
depreciation or obsolescence on any asset subject to depreciation
or obsolescence, all as the Trustee may reasonably deem equitable
and just under all of the circumstances.
I. The Trustee is hereby authorized and empowered to purchase
such insurance policies as she deems appropriate.
ARTICLE VI.
SPENDTHRIFT PROVISION
6.01. General Provisions. No beneficiary shall have the
power to anticipate, encumber or transfer his interest in the trust
estate in any manner other than by the valid exercise of a Dower of
appointment. No part of the trust estate shall be liable for or
charged with any debts, contracts, liabilities or torts of a
beneficiary or subject to seizure or other process by any creditor
of a beneficiary.
ARTICLE VII.
CONSTRUCTION OF TRUST
7.01. Choice of Law. This Trust shall be administered and
interpreted in accordance with the laws of the Commonwealth of
Pennsylvania.
7.02. Code. Unless otherwise stated, all references in this
Trust Agreement to section and chapter numbers are to those of the
Internal Revenue Code of 1986, as amended, or corresponding
provisions of any subsequent federal tax laws applicable to this
Trust.
7.03. Other Terms. Unless the context otherwise requires,
the use of one or more genders in the text includes all other
genders, and the use of either the singular or the plural in the
text includes both the singular and the plural.
7.04. Captions and Table of Contents. The underlined
captions set forth in this Trust Agreement at the beginning of the
various divisions hereof and the Table of Contents appearing at the
beginning of this Trust Agreement are for convenience of reference
10
only and shall not be deemed to define or limit the provisions
hereof or to affect in any way their construction and application.
7.05. Situs of Trust. The Trust shall have its legal situs
at Cumberland County, Pennsylvania.
ARTICLE VIII.
COMPENSATION OF TRUSTEE AND
APPOINTMENT OF SUCCESSOR TRUSTEE
8.01. Compensation. The Trustee shall receive as her
compensation for the services performed hereunder that sum of money
which the Trustee normally and customarily charges for performing
similar services during the time in which she performs these
services.
8.02. Removal or Resignation of Trustee. Settlor, during
Settlor's lifetime, may remove the Trustee at any time or times,
with or without cause, upon thirty (30) days written notice given
to the Trustee. After Settlor's death, a majority of the current
beneficiaries may remove the Trustee at any time or times, with or
without cause, upon thirty (30} days written notice given to the
Trustee. The Trustee may resign at any time upon thirty (30) days
written notice given to the Settlor, or after Settlor's death, upon
thirty {30) days written notice given to the current beneficiaries
hereunder. Upon removal or resignation of the Trustee, a Successor
Trustee shall be appointed in accordance with the terms set forth
in Paragraph 8.03, below.
8.03. Successor Trustee. Upon the death, resignation,
removal or incapacity of the Trustee, then ROBERT N. DELLA-CROCE is
hereby appointed as Successor Trustee. Upon the death,
resignation, removal or incapacity of ROBERT N. DELLA-CROCE as
Successor Trustee hereunder, then Settlor's niece, ANN H. DELLA-
CROCE, is hereby appointed as Successor Trustee hereunder. Upon
the death, resignation, removal or incapacity of the above-named
Successor Trustees, then additional successor trustee(s) may be
appointed by the Settlor during Settlor's lifetime, or after
Settlor's death, by a majority of the current beneficiaries
hereunder. Any Successor Trustee shall succeed to all the duties
and Dowers, including discretionary powers, herein granted to the
Trustee.
ARTICLE IX.
PERPETUITIES CLAUSE
9.01. General Provisions. Notwithstanding anything to the
contrary in this Trust Agreement, each disposition Settlor has made
herein, legal or equitable, to the extent it can be referred in its
11
postponement of becoming a vested interest to a duration measured
by some life or lives in being at the time of Settlor's death is
definitely to vest in interest, although not necessarily in
possession, not later than twenty-one (21) years after such lives
(and any period of gestation involved); or to the extent it cannot
be referred in any such postponement to such lives, is to so vest
not later than twenty-one (21) years from the time of Settlor's
death.
ARTICLE X.
REVOCATION AND AMENDMENTS
10.01. Reservation of Powers. Settlor expressly reserves the
powers to: (i) revoke this Trust Agreement by an instrument in
writing delivered to the Trustee while the Settlor is alive, (ii)
to alter, amend or modify this Trust Agreement at any time or from
time to time by instrument(s) in writing delivered to the Trustee
while the Settlor is alive, but no such alteration, amendment or
modification shall increase the duties nor change the basis for
compensation of the Trustee without the Trustee's written consent,
and {iii) withdraw from this Trust any life insurance policy or
other property forming a part of this Trust, which property or the
proceeds therefrom was added to this Trust by Settlor. Any such
withdrawal by the Settlor shall be considered a revocation of this
Trust solely with respect to the policy or property withdrawn.
10.02. Effect of Settlor's IncaPacity.
A. If Settlor Incapacitated. If at the time of any attempted
exercise of (a) powers reserved to the Settlor or (b) any other
powers to demand and receive the principal of this Trust, the
Settlor is incapacitated (as defined below in subparagraph (C)),
through illness, age or other cause, then the Trustee shall
disregard any instructions from the Settlor which have the effect
of remaking, altering, amending or modifying this Trust Agreement
in whole or in part or enabling the Settlor to withdraw from the
Trust any life insurance policy or any other property forming a
part of this Trust.
B. Settlor's Retained General Power of Appointment.
Notwithstanding the above provisions, the Settlor shall always have
the right to exercise a general power of appointment, by a will
specifically referring to the reservation of the general power of
appointment in this subparagraph (B), to appoint all of the Trust
property to the Settlor's estate, the Settlor's creditors, or the
creditors of the Settlor's estate.
C. Definition of Incapacity. For purposes of this Trust, the
Settlor or Trustee shall be deemed to have become incapacitated
12
upon the happening of either one of the following events:
(1) Admission of Incapacity. Delivery, by hand or
by mail, to the Trustee then serving, of a written
instrument from the Settlor or Trustee declaring that
said person no longer considers that she should possess
the power (as Settlor) to exercise any of the powers
reserved by the Settlor in this Article X or any other
powers to demand and receive the principal of this Trust,
except the general power of appointment reserved above in
subparagraph 10.02(B), above, or the power (as Trustee)
to continue to serve as Trustee, o__r
(2) Medical Certification of Lack of Capacity.
Delivery, by hand or by mail, to the Trustee then
serving, of written instruments by two physicians
licensed to practice medicine, one of whom must be a
board certified psychiatrist and the other of whom must
be a board certified internist, that the Settlor or
Trustee no longer has the capacity, as a result of
illness, age or other cause: (i) in the case of the
Settlor, to exercise any powers reserved by the Settlor
over the Trust under the terms of this Article X or any
other powers to demand and receive the principal of this
Trust, except that notwithstanding any other provision to
the contrary, the reserved general power of appointment
of the Settlor, as set forth in subparagraph 10.02(B),
above, shall always be exercisable by the Settlor or (ii)
in the case of a Trustee, to continue to serve as a
Trustee.
(3) Powers Personal to Settlor. The powers
reserved by and to the Settlor in this Article X shall be
personal to the Settlor and shall not be exercisable by
any conservator, committee, guardian or like fiduciary,
except a valid power of attorney, nor shall they be
assignable to nor extend to the executor or administrator
of the Settlor's estate, nor to any beneficiary named
herein. Upon the death of the Settlor, this Trust shall
be deemed irrevocable.
ARTICLE XI.
PAYMENT OF TAXES, FUNERAL
EXPENSES AND EXPENSES OF ADMINISTRATION
11.01. Payment of Death Taxes and Other Estate Settlement
Costs. The Trustee shall ascertain from the legal representative
of the Settlor's estate whether the legal representative has
sufficient assets to pay the legacy, succession, inheritance,
13
transfer, estate and other death taxes or duties levied or assessed
against the Settlor's estate (including all interest and penalties
thereon), all of which taxes, interest and penalties are
hereinafter referred to as the death taxes, interest and penalties.
If the legal representative advises the Trustee that insufficient
funds exist to pay all the death taxes, interest and penalties, the
Trustee shall then pay to the legal representative from the trust
property, an amount equal to all the death taxes, interest and
penalties in excess of the funds available to the legal
representative for this purpose, which payments are to be made
without apportionment. In making the payments, the Trustee shall
use only those assets or their proceeds which are includable in the
Settlor's gross estate for purposes of the United States estate
tax. If the Settlor's legal representative advises the Trustee
that there are sufficient funds available to pay the death taxes,
interest and penalties, then the Trustee may nonetheless pay to the
legal representative from the trust property, all or any portion,
as the Trustee in her sole discretion deems advisable and in the
best interests of the Settlor's beneficiaries named in this Trust
Agreement, of (a) any such death taxes, interest and penalties,
whether or not on property held in or payable to the Trust, said
payments to be made without apportionment, (b) the Settlor's
funeral expenses, (c) claims and other debts of the Settlor,
whether allowed against the Settlor's estate or not, (d) expenses
of administering the Settlor's estate, and (e) bequests under any
will or codicil executed by the Settlor. In making any such
payments, other than to satisfy bequests under any will or codicil
executed by the Settlor, the Trustee shall use only those assets or
their proceeds which are includable in the Settlor's gross estate
for purposes of the United States estate tax.
[THIS SPACE HAS BEEN INTENTIONALLY LEFT BLANK.]
14
IN WITNESS WHEKEOF, the Settlor and Trustee have hereunto set
their hands and seals as of the day and year first written above.
WITNESS:
ANE? S. BU?X EWZCZ, SE '.OH
(SEAL)
COMMONWEALTH OF PENNSYLVANIA :
:
COUNTY OF CUMBERLAND :
SS:
On this, the 5th day of September, 1997, before me, a Notary
Public, the undersigned officer, personally appeared JANET
BUTKIEWICZ, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within Trust Agreement, and
acknowledged that she executed the same for the purposes therein
contained.
IN WITNESS WHEREOF,
I hereunto set my hand and official Seal.
N~Ct a/~r ~ublic '
5{y Commission Expires:
I Notarial Seal 1
Janet C. Naclerio, Notary Public
Lemoyne Bore, Cumberland County
My Commission Expires April 1S, 1999
Member, Pennsylvania Assodation of Notarbs
The foregoing Trust Agreement was delivered, and is hereby
accepted, at Lemoyne, Pennsylvania, on September 5, 1997.
15
SCHEDULE "A"
SCHEDULE
REFERRED TO IN THE ANNEXED
TRUST AOKEEMENT
DATED SEPTEMBER 5, 1997
FROM JANET S. BUTKIEWICZ, SETTLOR
TO JANET S. BUTKIEWICZ, TRUSTEE
PROPERTY DESCRIPTION:
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
*'
B~EAU OF INDIVIDUAL TAXES
INhERITANCE TAX DIVISION
PO BOX Z80601
HARRISBURG PA 171Z8-0601
"'T,r,- i",~OTICE OF INHERITANCE TAX
~ 'APPRAISEMENT, ALLOWANCE OR DISALLOWANCE
'~FQEDUCTIONS AND ASSESSMENT OF TAX
REY-1547 EX AFP (12-D41
iO
iO
II: If 7
DATE
ESTATE OF
DATE OF DEATH
FILE NUMBER
COUNTY
ACN
03-21-2005
BUTKIEWICZ
03-31-2004
21 04-0604
CUMBERLAND
101
JANET
S
Cl F'r:)k'
......_ 1:\
nnr'\J t.\ 1\;, if""
ROBERT N DELLAr+~~~i~!'l:::'
25 N 24TH ST \j\i
CAMP HILL PA 17011
Allount Rellitted
MAKE CHECK PAYABLE AND REMIT PAYMENT TO:
REGISTER OF WILLS
CUMBERLAND CO COURT HOUSE
CARLISLE, PA 17013
CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~
Rl.v :r!l;'f.EX..AFp..r~r:O!".Noi".I.CE.OF.iNHErtiflNCE.i".AX.A.PPRAfsE'rEN'~..ALLowlNcE.bR.............. ...
DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX
ESTATE OF BUTKIEWICZ JANET S FILE NO. 21 04-0604 ACN 101 DATE 03-21-2005
TAX RETURN WAS: ( ) ACCEPTED AS FILED ( X) CHANGED SEE ATTACHED NOTICE
RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE
APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN
1. Real Estate (Schedule A)
2. Stocks and Bonds (Schedule B)
3. Closely Held Stock/Partnership Interest (Schedule C)
4. Mortgages/Notes Receivable (Schedule D)
S. Cash/Bank Deposits/Misc. Personal Property (Schedule E)
6. Jointly Owned Property (Schedule F)
7. Transfers (Schedule G)
8. Total Assets
(1)
(2)
(3)
(4)
(5)
(6)
(7)
.00
.00
.00
.00
92.12
.00
137.039.00
(8)
NOTE: To insure proper
credit to your account,
sub.it the upper portion
of this forll with your
tax paYllB"t.
137,131.12
APPROVED DEDUCTIONS AND EXEMPTIONS:
9. Funeral Expenses/Adll. Costs/Misc. Expenses (Schedule H)
10. Debts/Mortgage Liabilities/Liens (Schedule I)
11. Total Deductions
12. Net Value of Tax Return
13. Charitable/Governllental Bequests; Non-elected 9113 Trusts (Schedule J)
14. Net Value of Estate Subject to Tax
(9)
UO)
7,673.00
60.00
(11)
(2)
(13)
(4)
7.733 00
129,398.12
12,500.00
116,898.12
NOTE: I~ an assessment was issued previously, lines 14, IS and/or 1&, 17, 18 and 19 will
re~lect ~igures that include the total o~ ALL returns assessed to date.
ASSESSMENT OF TAX:
15. Allount of Line 14 at Spousal rate (15)
16. Allount of Line 14 taxable at Lineal/Class A rate (16)
17. Allount of Line 14 at Sibling rate (17)
18. Allount of Line 14 taxable at Collateral/Class B rate (18)
19. Principal Tax Due
.00 X 00 = .00
.00 X 045 = .00
.00 X 12 = .00
116,898.12 X 15 = 17 ,534 . 72
(9)= 17,534.72
~
TAX CRE TS:
I'A' ..~-~_. l+J AMOUNT PAID
DATE NUMBER INTEREST/PEN PAID (-)
06-28-2004 CD004093 876.74 17,530.80
TOTAL TAX CREDIT 18,407.54
BALANCE OF TAX DUE 872.82CR
INTEREST AND PEN. .00
TOTAL DUE 872.82CR
. IF PAID AFTER DATE INDICATED, SEE REVERSE
FOR CALCULATION OF ADDITIONAL INTEREST.
( IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED.
IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU MAY BE DUE
A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.)
REV,1470 EX (6-88)
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
PO Box. 280601
HARRISBURG PA 17128-0601
DECEDENTS NAME
REVIEWED BY
SCHEDULE ITEM
NO.
2,3
Janet S. Butkiewicz
Harry Herr
INHERITANCE TAX
EXPLANATION
OF CHANGES
EXPLANATION OF CHANGES
Deleted from schedule I and added to schedule E.
ROW
FILE NUMBER
ACN
2104-0604
101
Page 1
BUREAU OF INDIVIDllAI.;ymS ::-~; (-, ,:E
INtERITANCE TAX DIVISION - ""
PO BOX 280601 '.\"
HARRISBURG PA 17128-0601
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
INHERITANCE TAX
STATEMENT OF ACCOUNT
*'
REY-16D7 EX AFP (03-05
20D5/'11rf /6 Pi! 2: 45
DATE
ESTATE OF
DATE OF DEATH
FILE NUMBER
COUNTY
ACN
04-25-2005
BUTKIEWICZ
03-31-2004
21 04-0604
CUMBERLAND
101
AoIount R..Ht.d
JANET
S
C' EC': or
L no, I
ORDWnl'r, c'r llf"'-
I i I tf-\J" U Jl. L.d1!
ROBERT NCIll[Ljf'ltRQi:~ 0_ Pi\
25 N 24TH ST
CAMP HILL PA 17011
MAKE CHECK PAYABLE AND REMIT PAYMENT TO:
REGISTER OF WILLS
CUMBERLAND CO COURT HOUSE
CARLISLE, PA 17013
NOTE: To insure proper crBdi
CUT ALONG THIS LINE _~
...............................
REV-1607 EX AFP (03-05)
to your account, subnit the upper portion of this for. "ith your tax payment.
RETAIN LOWER PORTION FOR YOUR RECORDS ~
...............................................................................
~~~ INHERITANCE TAX STATEMENT OF ACCOUNT ...
ESTATE OF BUTKIEWICZ ANET S FILE NO.21 04-0604 ACN 101 DATE 04-25-2005
THIS STATEHEIfT IS PROVIDED TO AD lSE OF THE CURRENT STATUS OF THE STATED ACN IN THE NAKED ESTATE. SltOlIN BELOW
IS A SUHHARY OF THE PRINCIPAL TA DUE, APPLICATION OF ALL PAYHEIfTS, THE CURRENT BALANCE, AND, IF APPLICABLE,
A PROJECTED IIfTEREST FIGURE.
DATE OF LAST ASSESSMENT 01 RECORD ADJUSTMENT, 03-21-2005
PRINCIPAL TAX DUE, 17,534.72
PAYMENTS (TAX CREDITS):
PAYMENT
DATE
06-28-2004
04-04-2005
RECEIPT
NUMBER
CD00409
REFUND
DISCOUNT (+)
INTEREST/PEN PAID (-)
876.74
.00
AMOUNT PAID
17,530.80
872.82-
~
TOTAL TAX CREDIT
BALANCE OF TAX DUE
. IF PAID AFTER THIS DATE, SI~ REVERSE
SIDE FDR CALCULATION OF ADIIzTIONAL IIfTEREST.
I IF TOTAL DUE IS LESS THAN (1,
NO PAYHEIfT IS REQUIRED.
IF TOTAL DUE IS REFLECTED ,S A "CREDIT" ICRJ,
YOU HAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORK FOR INSTRUCTIONS. )
TOTAL DUE
17 , 534 . 72
.00
.00
.00
INTEREST AND PEN.