HomeMy WebLinkAbout11-23-11 (2)J 1505611185
REV-1500 EX (02-11)(FI)
PA Department of Revenue
Bureau of Individual Taxes OFFICIAL USE ONLY
Po sox 2sosot INHERITANCE TAX RETURN County Code Year File Number
Harrisburg, PA 17128-0601 RESIDENT DECEDENT 21 ~' ~' 0 8 7 7
ENTER DECEDENT INFORMATION BELOW
Social Security Number
Date of Death MMDDYYYY Date of Birth
209-28-8908 MMDDYYYY
08082011 ~ 06091931
Decedent's Last Name
Suffix Decedent's First Name
STEWART MI
(If Applicable) Enter Surviving Spouse's Information Below A U D R I E G
Spouse's Last Name
Suffix Spouse's First Name
MI
Spouse's Social Security Number
_ - THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
FILL IN APPROPRIATE BOXES BELOW REGISTER OF WILLS
® 1. Original Return
^ 2. Supplemental Return
^
3
R
^
4. Limited Estate
^ .
emainder Return (Date of Death
Prior to 12-13-82)
6. Decedent Died Testate
^ 4a. Future Interest Compromise (date of ^
death after 12-12-82)
7
D
5• Federal Estate Tax Return Required
^
(Attach Copy of Will) .
ecedent Maintained a Living Trust _
(Attach Copy of Trust.) g.
Total Number of Safe Deposit Boxe
g• Litigation Proceeds Received
^
10
S
ou
l P s
.
p
sa
overty Credit (Date of Death ^
Between 12-31-91 and 1-1-95)
11 • Election to Tax under Sec
g113(A
CORR
ESPONDENT - rW~c scrrv,.~ ......_ _ .
)
(Attach Schr~dnla rn
Name - • ~~'~ °"'°' °° ~~+mt'LErED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO:
SUZANNE S• FRIDAY ESQUIRE Daytime Telephone Number
717-236-3010
REGISTER OF WILLS USE ONLYr .>
._
First Line of Address ~ - - K
~ ~~ 7
200 N• 3RD ST. 18TH FLR ~ =
- _ ~ ;~
Second Line of Address ~ ~ 1
c , ~ - _ .
' ~-~
i ,~ ~ r 7
City or Post Office ~_: ; I
State ZIP Code DAT LED ;
HARRISBURG „~_ `,; ,,_ ~
PA 17101 - ~,
Correspondent's e-mail address: S S F R I D A Y a1 N S S H• C O M
Under penalties of perjury, I declare that I have examined this return, inGuding accompanying schedules and statements, and to the best of my knowledge and belief,
it is true, correct and complete. Declaration of preparer other than the personal representative is based on all information of which preparer has any knowledge,
SI NATURE OF PERSON $PONSIFOR FILING RETURN
ADDRESS , ~ DATE
619 S • MARKET STREET ~~ ^ ~5 ~~~
SIGNATURE~DF PREPARER OTHER THAd
200 N• 31~ ST•, 18TH FLR•
1505611185
MECHANICSBURG, PA 17055
HARRISBURG, PA 17101
ORIGINAL FORM ONLY
Side 1
OM4647 3.000 15 0 5 61118 5
Jay
lam'
Estate of Audrie G. Stewart
Executors (Page 1) 209-28-8908
Name Elsie L. Stewart
Address 619 S. Market Street
Mechanicsburg, PA 17055-
Tax ID 168-52-4508
1505611285
REV-1500 EX (FI)
RECAPITULATION
1. Real Estate (Schedule A) .
. 1
2. Stocks and Bonds (Schedule B) . .
. 2.
3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C) , •
• 3.
4. Mortgages and Notes Receivable (Schedule D)
. 4.
5. Cash, Bank Deposits and Miscellaneous Personal Property (Schedule E) •
• 5.
6. Jointly Owned Property (Schedule F
7. Inter-Vivos Transfers & Miscellaneous Non^-PProbate pate~B~ing Requested .
6.
(Schedule G) ~ Separate Billing Requested .
7.
8. Total Gross Assets (total Lines 1 through 7) •
. 8.
9. Funeral Expenses and Administrative Costs (Schedule H). .
9.
10. Debts of Decedent, Mortgage Liabilities, and Liens (Schedule I) .
. 10.
11. Total Deductbns (total Lines 9 and 10) , .
.11.
12. Net Value of Estate (Line 8 minus Line 11) .
13. Charitable and Governmental Bequests/Sec 9113 Trusts for which 12.
an election to tax has not been made (Schedule J) , .
..13.
14. Net Value Subject to Tax (Line 12 minus Line 13)
TAX CALCULATION -SEE INSTRUCTIONS FOR APPLICABLE RATES 14
15. Amount of Line 14 taxable
at the spousal tax rate, or
transfers under Sec, g11g
(a)(1.2) X .0
16. Amount of Line 14 t xable 0 - D D 15.
at lineal rate X .0 4
17. Amount of Line 14 taxable 1 ~ 200, 276.00 1s
at sibling rate X .12
18. Amount of Line 14 taxable D - D D 17
at collateral rate X .15
D•00 1a.
19. TAX DUE .
.19.
20. FILL IN THE 80X IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT
L 1505611285
Side 2
OM4648 3.000
Decedent's Social Security Number
209-28-8908
249,200.00
953,446.00
0.00
0.00
32,452.00
0.00
0.00
1,235,098.00
17,478.00
17,344.00
34,822.00
1,200,276.00
0.00
1,2D0,276.00
0.00
54,012.00
0.00
0.00
54,012.00
1505611285
REV-1500 EX (FI) Page 3
3. Interest Total Credits (A + g) (2) 5 4 , ~ 21.0 0
4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. (3)
Fill in box on Page 2, Line 20 to ~ • ~ ~
request a refund. _
(4) 9 • ~ 0
5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE.
(5)
Make check payable to: REGISTER OF WILLS, AGENT.
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BL
1. Did decedent make a transfer and• OCKS
a. retain the use or income of the property transferred Yes No
b. retain the right to designate who shall use the property transferred or its income
c. retain a reversiona
i
' ' ^
ry
nterest
d. receive the promise for life of either payments, benefits or car
?
e
2. If death occurred after Dec. 12, 1982, did decedent transfer pro
ert
ithi ^
p
y w
n one year of death
without receiving adequate consideration? .
,
3. Did decedent own an "in trust for" or payable-upon-death bank account or security at his or her death?
4. Did decedent own an indi
i
^
^
v
dual retirement account, annuity, or other non-probate props ,which
contains a beneficiary designations m'
. ® ^
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN.
For dates of death on or after July 1, 1994, and before Jan. 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the survivin s
is 3 percent [72 P.S. §9116 (a) (1.1) (i)].
9 pouse
Far dates of death on or after Jan. 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the survivin s
[72 P.S. §9116 (a) (1.1) (ii)j. The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and
filing a tax return are still applicable even if the survivin s 9 pouse is 0 percent
9 Pouse is the only beneficiary.
For dates of death on or after July 1, 2000:
• The tax rate imposed on the net value of transfers from a deceased child 21 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 percent [72 P.S. §9116(a)(1.2)].
• The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5
• The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12 percent [7 2P.S § 1t6(a)(1t~]! A7sibling§s defin)ed)j
under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. '
OM4871 2.000
-- ---- ~.....^w.
1. Tax Due (Page 2, Line 19)
2. Credits/Payments (1) 54,012.00
A. Prior Payments 51, 3 2 0.0 0
B. Discount ~ , 7 ^ ~ ^ ^
REV-1502 EX + (01-10)
Pennsylvania
~EPARTbENT OF REVENUE
INHERITANCE TAX RETURN
RESIDENTpECEpENT
ESTATE OF:
FILE NUMBER:
All real Property owned solely or as a tenant in common must be re 21 11 0877
ported at fair market value. Fair market value is defined as the price at which property
would be exchanged between a willing buyer and a willing seller, neither being compelled to buy or sell, both havin
Real property that is jointlyowned with right of survivorship must be disclosed on S he edulel Fknowledge ~ the relevant facts.
ITEM Attach a copy of the settlement sheet if the property has been sold.
Include a copy o/the deed showing decedenPs interest if owned as tenant in common.
NUMBER
DESCRIPTION VALUE AT DATE
1. Real Estate at 619 S. Market Street, Mechanicsbur OF DEATH
17055 DOD value is based on tax assessment records. PA
See attached copy of Tax Assessment printout.
249,200
swasss z.ooo
SCHEDULE A
REAL ESTATE
TOTAL (Also enter on Line 1, Recapitulation.) $
If more space is needed, use additional sheets of paper of the same size. 249 ~ 200
REV-1503 EX + (~ggl
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE B
STOCKS 8 BONDS
i
All property jointly-owned with right of survivorship must be disclosed on Schedule F.
ITEM
NUMBER
DESCRIPTION
1. Fischer Financial Services - Fidelity Investment Acct. #
379-944866 - See attached copy of Fischer Financial
Services, Inc. DOD letter dated August 19, 2011.
2 Morgan Stanley Securities Acct. # 724-23878-14-503
See attached copy of MorganStanley Smith Barney letter
dated September 21, 2011
VALUE AT DATE
of DEATH
302,830
650,616
TOTAL (Also enter on line 2, Recapitulation) $
3W4696 1.000 (If more space is needed, insert additional sheets of the same size) 953 , 44 6
REV-1508 EX+ (11-10)
Pennsylvania
DEPAR7MENTOF REVENUE
INHERITANCE TAX RETURN
RESIDENT DECEDENT
~~~.__ __
Audrie G_ Ctcn.~,..}
SCHEDULE E
CASH, BANK DEPOSITS, 8 MISC.
PERSONAL PROPERTY
FILE BEMUNFILE R
mciuae me proceeds of litigation and the date the z'
All pro ert 'ointl owned with ri ht of survivorshirp m st be ds~cl~ on Schedule F.
ITEM
NUMBER
DESCRIPTION
~• PNC Checking Account # 51-4006-1932
Please see attached PNC DOD letter dated October 21,
2011.
2 PNC Bank Money Market Acct. 50-3012-4744
Please see attached PNC Bank DOD letter dated October
21, 2011
3 Ftisrniture as valued by Executrix.
4 Kitchenware as valued by Executrix
5 Jewelry as valued by Executrix
VALUE AT DATE
OF DEATH
21,293
10,009
650
50
450
TOTAL (Also enter on line 5, Recapitulation) S
owasgD z.ooo If more space is nceded, use additional sheets of 32 , 452
paper of the same size.
REV-1510 EX + (08-09)
Pennsylvania
DEPARTMENT OF REVENUE
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE G
INTER-VIVOS TRANSFERS AND
MISC. NON-PROBATE PROPERTY
This schedule must l>e completed and filed if the answer to any of questions 1 throu h 4 on G1 11 0877
DESCRIPTION OF PROPERTY 9 Page three of the REV-1500 is yes.
ITEM INCLIDE TFE PYVAE OF THE TRANSFEREE, TFEIR RELATIOl45WP TO DECEDENT AND
JAAl3E TFE D''~ OFTRMSFER A7TAC}IACOPY OF TFE DEED FOR REAL ESTATE. DATE OF DEATH % OF DECD'S EXCLUSION
1 ~ Irrevocable Trust in effect at VALUE OF ASSET INTEREST TAXABLE
FA~ucAaLE VALUE
time of Decedent's Death with
income payable to Decedent and
principle upon her death to her
two children. See attached copy
of Irrevocable Trust.
91,001, 100.0000 91,001
9W46AF 2.000
TOTAL (Also enter on line 7, Recapitulation) $
If more space is needed, use additional sheets of paper of the same size.
0
0
REV-1511 EX+ (10-09)
Pennsylvania
DEPARTA~ENi OF REVENUE
INFIERITANCE TAX RETURN
RESIDENT DECEDENT
Audria
SCHEDULE H
FUNERAL EXPENSES AND
ADMINISTRATIVE COSTS
FILE NUMBER
Decedent's debts must be reported on Schedule I.
ITEM
NUMBER
DESCRIPTION
'4~ FUNERAL EXPENSES:
1. Auer Cremation Services of Pennsylvania, Inc.
2 Funeral luncheon after service
Total from continuation schedules ,
AMOUNT
1,537
584
52
B• ADMINISTRATNE COSTS:
1 • Personal Representative Commissions:
Name(s) of Personal Representative(s)
~ s; Louise S o*.•~rt
Street Address 619 S . Market Street
City Harrisburg
State . PA ZIP 17055
Year(s) Commission Paid:
2.
3.
4.
5.
6.
7.
1
2
Attorney Fees:
Family Exemption: (If decedent's address is not the same as daimant's, attach explanation.)
Claimant Elsie L. Stewart
Street Address 619 South Market Street
City Mechanicsbur
State PA ZIP 17055
Relationship of Claimant to Decedent DAUGHTER
Probate Fees:
Accountant Fees:
Tax Return Preparer Fees:
Cumberland Law Journal
Legal Notice
Suzanne S. Friday -mileage reimbursement
Total from continuation schedules ,
3,000
7,500
3,500
878
75
22
330
9W46AG 2.000
TOTAL (Also enter on Line 9, Recaps,
If more space is needed, use additional sheets of paper of the same size.
17,478
Estate of: Audrie G. Stewart
Schedule H Part 1 (Page 2)
Item
No. Description
3 Obituary
21 11 0877
Amount
52
Total (Carry forward to main schedule)
52
Estate of: Audrie G. Stewart
Schedule H Part 7 (Page 2)
3 Central Penn Business Journal
Legal Notice
4 Cumberland County Register of Wills
Filing Fee for Inheritance Tax Return and Inventory
5 PNC Bank
Check Printing Fee
Total (Carry forward to main schedule)
330
21 11 0877
150
30
150
REV-1512 EX + (12-OB)
Pennsylvania SCHEDULE I
~EPAR7MENT OF REVENUE
RESIDENiUECEDENTTURN MORTGAGE ABILITIES & LIENS
ESTATE OF
Audrie G. Stewart FILE NUMBER
Report debts incurred by the decedent prior to death that remained unpaid at the date of death, including unreimbureed medical expenses,
ITEM
FABER
DESCRIPTION VALUE AT DATE
1' Outstandin y p OF DEATH
g checks issued b Decedent rior to death but
cashed after decedent's death
2,216
2 Reimbursement of E. Stewart
For Payment prior to death of Decedent of one-half
general expenses agreed to be shared by Decedent and
unreia-bursed prior to her death. See attached "Split
List"
4,038
3 Reimbursement of E. Stewart
For payment prior to death of Decedent of one-half
maintenance expenses of real property listed as Item 1
on Schedule A agreed to be shared by Decedent and
unreimbursed prior to her death. See attached
"Maintenance Reimbursement".
11,090
~ VIAL Also enter on Line 10, ReCe itulation $
swasnH z.ooo If more space is needed, insert additional sheets of the same size. 1 ~
REV-1513 EX+ (01-10)
Pennsylvania SCHEDULE J
DEPARTA,ENT OF REVENUE
INHERITANCE TAX RETURN BENEFICIARIES
RESIDENT DECEDENT
:STATE OF:
Audrie G. Stewart FILE NUMBER:
21 11 0877
NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY RELATIONSHIP TO DECEDENT AMOUNT OR SHARE
I TAXABLE DISTRIBUTIONS Indude outri ht Do Not List Trustee(s) OF ESTATE
I 9 spousal distributions and transfers under
Sec. 9116 (a) (1.2).j
1. Elsie L. Stewart
619 S. Market Street
Mechanisburg, PA 17055
50~ of Residue: 600,138
Daughter 600,138
2 Mary Fitzgerald
127 Second Street
Bowmansdale, PA 17055
50~ of Residue: 600,138
Daughter 600,138
ENTER DOLLAR AMOUNTS FOR DISTRIBUT1pNS SHOWN ABOVE ON LINES 15 THROUGH 18 OF REV-1500 COVER SHEET, AS APPROPRIATE.
II NON-TAXABLE DISTRIBUTIONS
A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT TAKEN:
1.
I B. CHARITABLE AND GOVERNMENTAL DISTRIBU710NS:
1.
TOTAL OF PART II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET. $
swasni z.ooo If more space is needed, use additional sheets of paper of the same size.
214 Senate Ave
7th Floor
Camp Hill, PA 17011
direct 717 730 1800
fax 717 730 1894
toll free 800 237 1700
September 21, 2011 MOrga nSta n ley
SmithBarney
Nauman Smith, Attorneys at Law
Attn: Sherry A. May
PO Box 840
Harrisburg, PA 17108
Re: Estate of Audrie G. Stewart, deceased
Deaz Sherry:
Please fmd the following date of death values for the accounts of Au drie G. Stewart:
Account # 724-23944-14-503, Audrie G. Stewart Ttee Karl Gaffer Trust Fbo: Audrie G. Stewart U/A/D
10/27/1967. Account opened 01/30/1998.
SymboIICUSIP Description
#BDP/123992711
Bank Deposit Program Quanti
tY
21354.84
Price
1.00
Market Value
21354.84
CSX/126408103 CSX Corp 600
20.74
12444.00
C/172967424 Citigroup Inc. 20
29.34
586.80
JPM/46625H100 JP Morgan Chase 300
35.71
10713.00
MTB/55261F104 M&T Bank Corp 25
75.49
1887.25
PEP/713448108 Pepsico Inc. 250
63.90
15975.00
PG/742718109 Procter & Gamble Co. 300
59.29
17787.00
SAGCX/52468C307 Legg Mason Cleazbridge
Aggressive Growth Fund
Class C 117.578 87 20
• 10252.80
TOTAL
91000.69
Account # 724-23878-14-503, Audrie G. Stewart. Account opened 01/21/1998
SymboIICUSIP
#BDP/123992711 Description
Bank Deposit Program Quantit
164639.33
~~ a
Market Value
164639.33
AFL/001055102 Aflac Inc. 400
37.68
15072.00
CSX/1 2 6408 1 03 CSX Corp 600
20.74
12444.00
C/172967424 Citigroup Inc. 200
29.34
5868.00
GE/369604103 General Electric Co 2000
15.43
30860.00
THIS FORMATION HfRE1N HAS BEEN
C?STAINED FROM SC3URCE5 WE BELlGVI
TO 8E R1atA8i.E, 6UT DO NOT GUARANTEE
1T5 ACCURACY OR .CUMPtETfNESS.
SymbollCUSIP
HPT/44106M102
INTC/458140100
IBM/459200101
IRIS/46270W 105
JPM/46625H100
MTB/55261F104
MTW/563571108
NTRU67069D 108
JQC/67073D102
PPL/69351T106
TM/892331307
WAG/931422109
TOTAL
Description Quantity Price Market Value
Hospitality Pptys
Trust SBI 2000 19.05 38100.00
Intel Corp 1000 20.11
20110.00
Intl Business Machines 1200 166.22
199464.00
Iris Intl Inc. 2300 7.99
18377.00
JP Morgan Chase 1000 35.71 35710.00
M & T Bank Corp 102 75.49 7699.98
Manitowoc C. Inc 1000 9.03 9030.00
Nutrisystem Inc. 2000 11.65
23300.00
Nuveen Multi Strategy
Income & Growth Fd. 2 2000 7
89
, 15780.00
PPL Corp 1000 25.33
25330.00
Toyota Motor Corp 200 73 72
14744.00
Walgreen Co. New 400 35.22
14088.00
650616.31
If you have any questions, please call me at (717) 730-1816.
ou,
na K. Washburn
egistered Client Service Associate to:
Gary G. Kephart
Senior Vice President
Portfolio Manager
Lrw
enclosure
T1_~ f~~ ~>'ia RAs BEN
~$TAtt+tfD FROM s¢URCES WE BEllEVE
ffJ BE RELIABLE, BUT DO N4T GUARANTEE
Irs Acc~AeY. o~ coMl~:tTeNt"ss.
FISCHER FINANCIAL SERVICES, INC.
INVESTMENT COUNSELLORS
TELEPHONE (717) 233-8901
WWW.FISCHERFINANCIALSERVICES.COM
August 19, 2011
4431 NORTH FRONT STREET
SUITE 105
HARRISBURG, PA 17110
FAX (717) 233-3813
Sherry A. May, Estate Pazalegal
Nauman Smith Shissler & Hall, LLP
PO Box 840
Harrisburg, PA 17108-0840
Dear Ms. May:
TOLL FREE (888) 886-1902
FFS ®FISCHERFINANCIALSERVICES.COM
As per your request we are providing you with the following information pertaining to the
investment account that we managed for Audrie G. Stewart. Our firm has served as the
investment manager for Ms. Stewart's Individual Account since July 28, 2000.
Account Registration:
Custodian:
Account Number:
Date of Opening:
Date of Death Value:
Audrie G. Stewart
Fidelity Investments
379-944866
7/28/2000
$302,830.12
The investment account information, including CUSIP numbers for all stocks and bonds, is
listed on the enclosed report. If you have any questions or need additional information,
you may contact me at 233-8901.
~~Pn, trtzl,j yours,
r 0~
om Baldwin
Director of Marketing & Client Services
Enclosure
August 19, 2011
AUDRIE G. STEWART PERSONAL
619 S. MARKET STREET
MECHANICSBURG, PA 17055
FISCHER FINANCIAL SERVICES, INC.
4431 North Front Street
Suite 105
Harrisburg, PA 17110
(717) 233-8901
Portfolio Holdings
As of 08/08/2011
Acct #: 379-944866
CUSIP Descriution Current
STOCKS & STOCK FUNDS Quantity Value
600995103 ACCENTURE LTD BERMUDA CL A
025816109 AMERICAN EXPRESS COMPANY 125 6,645.00
032095101 AMPHENOL 200 8,608.00
037411105 APACHE CORP 100 4,117.00
053332102 AUTOZONE INC. 80 7,870.40
056752108 BAIDU INC SPONS ADS REPR 1 ORD CLS A USO 20 5,370.20
136375102 CANADIAN NATIONAL RAILWAY 30 3,913.50
M22465104 CHECK POINT SOFTWARE TECH 75 4,974.00
189754104 COACH, INC. 150 7,317.00
ACRN.X COLUMBIA ACORN Z 165 8,283.00
256746108 DOLLAR TREE INC COM 365.872 9,384.62
DISS.X DREYFUS SMALL CAP STOCK INDEX 110 6,704.50
381416104 GOLDMAN SACHS GROUP
INC 526.094 9,264.52
38259P508 ,
.
GOOGLE 22 2,588.52
452308109 ILLINOIS TOOL WORKS
INC. 9 4,914.18
459200101 ,
INTL BUSINESS MACHINES 125 5,362.50
580135101 MCDONALDS CORPORATION 40 6,648.80
58405U102 MEDCO HEALTH SOLUTIONS
INC 60 4,926.60
594918104 ,
.
MICROSOFT CORP 80 4,078.40
641069406 NESTLE SA 300 7,344.00
654106103 NIKE INC CL B 90 5,443.43
670100205 NOVO-NORDISK AS ADR-EACH CNV INTO 1 CLA 55 4,355.45
701094104 S
PARKER HANNIFIN CORP 55 5,685.90
713448108 PEPSICO 112 6,963.04
74005P104 PRAXAIR INC 75 4,722.75
747525103 QUALCOM INC. 100 9,136.00
74834L100 QUEST DIAGNOSTICS INC 125 5,911.25
773903109 ROCKWELL AUTOMATION 115 5,447.55
845467109 SOUTHWESTERN ENERGY CO 75 4,234.50
855244109 STARBUCKS CORP 100 3,467.00
863667101 STRYKER CORP 150 5,107.50
741447108 T ROWE PRICE GROUP 95 4,505.85
881624209 TEVA PHARMACEUTICALS 125 5,903.75
891160509 TORONTO DOMINION BANK 125 4,542.50
913017109 UNITED TECHNOLOGY 75 5,381.25
115 8,020.10
207,142.56
August 19, 2011
Page 2
Portfolio Holdings
As of 08/08/2011
AUDRIE G. STEWART PERSONAL Acct #: 379-944866
CUSIP Description Current
_ Quantity Value
BONDS, CD'S, BOND FUNDS
DIPS.X DFA INFLATION PROTECTED SECURITIES
PTTR.X PIMCO TOTAL RETURN 921.177 11,394.96
CASH & MONEY MARKETS
FIDELITY MUNICIPAL MM
3,803.702 41,916.80
53,311.76
42,375.80
302,830.12
uc t. ~ ~. LU ~ ~ t ; L I I'IVI I'IV~ ~H1411
i~~~
LEADIt~ ?H8IAIAY
October 21, 2011
Nauman, Smith Attorneys at Law
Sherry A May
PO box 840
Warrisburg, PA 17108
RE: Name: Audrie Ag Stewart
SSN: 209-2&8908
DOD: 0$-0$-2011
Dear Ms. May:
iuo.7j~L r. ~~~
In response to your request for Date of Death (DOD) balances for the customer noted above, our
records show the following:
Checking Account
Account #5140061932 Estabtished:12-25-1973
AUDRiE G STEWART
DOD balance: $21,293.11 + 0,09 accrued interest
Interest paid 01-OZ-2011 thru 08-08-2011$6.87 YTD
Savings Account
Account #5030124744
AUpRIE G STEWART
DOD balance: $10,009.13 + 0.16 accrued interest
Interest paid 01-03-2021 thru OS-08-2011$8.84 YTD
Established: I1-02-1990
Please note that this office provides date of death balances for deposit accounts (IRAs, CDs,
Checking and Savings}. We da not process any flnanctal transactions or provide statements. If you
need assistance with any of these items, please call 1-S88-PNC-BANK (1-888-762-2265} or stop by
your local PNC Bank branch office.
Sincerely,
National Financial Services Center
PNC Bank, N.A.
Member FDIC
Page 1 of 2
uc t. L I. LU I I L: L I rive riu~ ~r~iu~ iuo. 7jjL r. LPL
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- 8/9/2011
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LAST WILL AND TESTAMENT
~~ ~..
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OF = a -'~' -- - ==
AUDRIE G. STEWART :~;
-,
I, AUDRIE G. STEWART of 104 Bishop Road, Mechanicsburg, Cumberland County,
Pennsylvania, do make, publish and declare this to be my Last Will and Testament, hereby revoking
and making null and void any and all former Wills by me at any time heretofore made.
FIRST: I direct my Executrix, hereinafter named, to pay all my legal debts and funeral
expenses as soon after my decease as conveniently may be done.
SECOND: All of my tangible personal property, including furniture, furnishings, books,
silverwaze, jewelry, pictures, objects of art, automobiles and all other domestic and household effects
and personal goods and chattels of every nature and wheresoever situate, except as hereinbefore
specifically bequeathed, including all insurance policies thereon, I give and bequeath unto my
daughters, Elsie Louise Stewart of 104 Bishop Road, Mechanicsburg, Pennsylvania and Mary
Stewart Fitzgerald, of 127 Second Street, Bowmansdale, Pennsylvania. If either of my daughters
fails to survive me, then I give and bequeath the same unto the children of that daughter, by
representation.
THIRD: All the rest, residue and remainder of my estate of whatsoever nature and
wheresoever situate, including that over which I have a Power of Appointment, I give, devise and
bequeath unto my daughters, Elsie Louise Stewart and Mary Stewart Fitzgerald, in equal shares.
If either daughter fails to survive me, then I give and bequeath the same unto their children, by
representation. If either of my daughters die without children, I give, devise and bequeath her share
to my surviving daughter. If neither of my daughters survive me, I give, devise and bequeath my
entire estate to the surviving children of my daughters, or either of them, in equal shares.
FOURTH: Any share of my residuary estate which becomes distributable to a child who
shall not have attained the age of thirty (30) yeazs, shall be held in trust by my Executrix until said
child shall reach the age of thirty (30). My Executrix shall, at her discretion, from time to time
distribute to or for the benefit of said minor as much of the principal of the share of the trust as she
may consider desirable for the health, maintenance, support and education, including college, after
considering all resources available to said child. My Executrix shall not be obliged to supervise or
inquire into application of such amount by such person, and the receipt of such person shall be a
complete release of my Executrix. Should the shaze of a child, in the sole discretion of my
Executrix, be or become too small to warrant continuation of such funds in trust or should its
administration be or become impracticable for any other reason, my Executrix, in her sole discretion,
may deliver such shaze, absolutely, to the pazent or other person maintaining said child, or directly
to the child, or may deposit such share in the child's name in a savings account in an institution of
its choosing, payable to the child at majority.
FIFTH: I direct my Executrix to pay all inheritance, estate, succession and legacy
taxes of whatsoever nature and kind, to which my estate or the transfer of any property passing
hereunder or otherwise passing by reason of my death, may be subject and to chazge such taxes
against my residuary estate, it being my intention that none of the aforesaid taxes, either federal or
state, on any property required to be included in my gross estate under the provisions of any state
or federal law now in force and effect or hereafter enacted shall be prorated among said persons
-2-
interested in my estate to whom such property is or may be transferred or to whom any benefit
accrues.
SIXTH: My Executrix is hereby authorized and empowered to sell securities or other
property, real or personal or both, and my Executrix is further authorized to borrow money for any
purpose necessary in connection with the payment of taxes or other matters incidental to the
settlement of my estate, either secured or unsecured, at such rate of interest as may be necessary and
to pledge the assets of my estate as security therefor. My Executrix shall have the power to make
distribution in kind, or partly in kind and partly in cash, to retain all or any part of my property, real
or personal, constituting my estate for such time as it deems best or to invest and reinvest the same
without being restricted to "legal" investments, including common trust funds of a bank which may
become a substitute executor. I further authorize and empower my Executrix to borrow money from
herself, as an individual, or a successor corporate executor as an entity and to execute and renew
promissory notes and to pledge the assets of my estate as security therefor, and to file tax returns.
SEVENTH: I nominate, constitute and appoint Elsie Louise Stewart, of 104 Bishop Road,
Mechanicsburg, Pennsylvania, as Executrix, under this my Last Will and Testament. If she is
unable to serve, then I appoint Mary Stewart Fitzgerald, of 127 Second Street, Bowmansdale,
Pennsylvania, Alternate Executrix of this Will, with the same duties, powers and discretion as if
originally appointed. No personal representative shall be required to enter bond or furnish surety
in any jurisdiction.
-3-
IN WITNESS WHEREOF, I, AUDRIE G. STEWART, the Testatrix to this my Last Will
and Testament, typewritten on six (6) sheets of paper, have hereunto set my hand and seal this
~" ~~'- day of (~-f,~~:~.-~<~-- , 2001.
~~ -_ _ _ r'` ~~ ~:;..`._~__;~ (SEAL)
AUDRIE G. STEWART
SIGNED, SEALED, PUBLISHED AND DECLARED by the above named Audrie G.
Stewart, Testatrix, as and for her Last Will and Testament, in the presence of us, who, at her request,
in her presence and in the presence of each other, have hereunto subscribed our names as witnesses.
residing at ~ G` / ~ ~~ 2 ~ ~~ ~ ~~
residing at
residing at
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r
STATE OF PENNSYLVANIA
COUNTY OF DAUPHIN
:SS.
I, Audrie G. Stewart, Testatrix, whose name is signed to the attached or foregoing instrument,
having been duly qualified according to law, do acknowledge that I signed and executed the
instrument as my Last Will; that I signed it as my free and voluntary act for the purposes therein
expressed.
AUDRIE G. STEWART
Sworn or affirmed to and
acknowledged before me by
Audrie G. Stewart, the Testatrix,
this ,~ ~ day of ~C~ F 2001.
~l~y LZZt-~
~ OTARY PUBLIC ~'
y Commission Expires:
`~ NOTARIAL SEAL
Jeannette Chelgren, Notary Public
City of HaMsburg, County of Dauphin
My Commission F~cpires Feb. 15, 2005
-5-
STATE OF PENNSYLVANIA
COUNTY OF DAUPHIN
:SS.
We, / ~- vrZ a- L- ~~~ t3 f• l ttJ ,
~ ~ ~ r,'tes and
~~S " ~ ,i1ci ~~i /~11~ ,the witnesses whose names aze signed to the attached or
foregoing instrument, being duly qualified according to law, do depose and say that we were present
and saw the Testatrix sign and execute the instrument as her Last Will and Testament; that she
signed it willingly and that she executed it as her free and voluntary act for the purposes therein
expressed; that each of us in the hearing and sight of the Testatrix signed the Will as witnesses; and
that to the best of our knowledge the Testatrix was at that time 18 or more yeazs of age, of sound
mind and under no constraint or undue influence.
Sworn or affirmed to and
acknowledged before me this
.30 day of ~~~r~ t?,fi, 2001
otary Public %
NOTARIAL SEAL
Jeannette Chelgren, Notary Public
City of Harrisburg, County of Dauphin
My Commission Expires Feb. 16, 2006
-6-
AGREEMENT
RE: TRUST OF KARL L. GATTER
FOR AUDRIE G. STEWART
WHEREAS, Karl L. Gaffer ("Settlor") created an Inter Vivos Trust with National Bank
and Trust company of Central Pennsylvania ("Gaffer Trust") by Agreement dated October 27,
1967, a copy of which is attached as Exhibit "A" and incorporated herein by reference; and
WHEREAS, the Gaffer Trust provided that upon Settlor's death, the trust corpus was to
be divided into two separate Trusts for the benefit of Settlor's daughters, Audrie Gaffer Stewart
and Elsie Suzanne Gaffer Lambert; and
WHEREAS, Settlor died on March 13, 1976 and said separate Trusts were created; and
WHEREAS, the Audrie G. Stewart Trust provides for the payment of income to Audrie
G. Stewart for life and upon her death, the payment of principal to her tvro children, Elsie L.
Stewart and Mary S. Fitzgerald; and
WHEREAS, Hamilton Bank, successor to National Bank and Tnzst Company of Central
Pennsylvania, resigned as Trustee of the Audrie G. Stewart Trust and Commonwealth National
Bank became successor Trustee by Agreement dated 1985, a copy of which is attached hereto as
Exhibit "B" and incorporated herein by reference; and
WHEREAS, on June 19, 1991, David C. Eaton agreed to serve ass successor Trustee,
pursuant to a Consent, a copy of which is attached hereto as Exhibit "C" and incorporated herein
by reference; and
WHEREAS, David C. Eaton now wishes to resign as Trustee anti all beneficiaries agree
that Audrie G. Stewart should serve as Successor Trustee; and
WHEREAS, Audrie G. Stewart agrees to serve as successor Trustee, as evidenced by her
Consent attached hereto as Exhibit "D" and incorporated herein by refer~;,nce.
In consideration of the foregoing, the undersigned:
1. Agree that the Trust should be transferred to Audrie G. Stewart, as Trustee, for
further administration.
2. Declare that the periodic statements with respect to the Trust during the entire
administration by David C. Eaton, Trustee have been received by Audrie: G. Stewart, and made
available to her daughters, and they each find the same to be true and correct; and each accepts
and approves those statements as if they had been duly stated in the forrri of an accounting and
filed with and audited, adjudicated and confirmed absolutely by the appropriate Orphans' Court
Division of a Court of Common Pleas.
3. Waive the preparation, filing and auditing of an accounting of the administration
of this Trust in the Court.
4. Absolutely and irrevocably release and forever discharge David C. Eaton in his
capacity as Trustee from any and all actions, suits, payments, accounts, reckonings, liabilities,
claims and demands relating in any way to the administration of the Trust to date; even if due to
a mistake or error of the Trustee.
5. Agree that she/they will indemnify Trustee and hold him harmless in his capacity
as a Trustee from and against all claims, losses, liability or damage which he may suffer or to
which he may be subjected by reason of his administration of the Trust to date, and the transfer
of assets to Audrie G. Stewart, as Trustee as herein requested without having formal Court
approval.
6. The transfer sius of the Trust shall be 619 South Market Street, Mechanicsburg,
PA 17055.
7. Each declare it to be her intention that this instrument shall be governed by the
law of Pennsylvania and shall be legally binding as an agreement upon her or her heirs, personal
representatives, and assigns.
WITNESS
~/ Audrie G. Stewart, Life Tenant
Elsie L. Stewart, Rf;mainderman
~C~., ~,~
M . Fitzgeral , emainderman
Date: /.S'~ L~
THIS AGREEMENT, made this 27th day of October 1967, by
end between KARL L. LATTER, of pompano Beach, Florida, hereinafter called
"SETTLOR",
AND
NATIONAL BANK & TRUST COMPANY OF CENTRAL PENNSYLVANIA, a corporation organized
under and by virtue of the Banking Laws of the IInited States of America, herein-
after called "TRUSTEE".
WITNESSETH THAT:
Settlor hereby grants, transfers, assigns and sets over unto
Trustee the assets net forth on Schedule "A" hereof in trust to hold, invest
and ralnveat the Bans, to collect the income and after the deduction of all
necessary expenses and commissions to pay the net income therefrom unto
Settlor for and during the term of his natural life, rand upon his death, to
divide the corpus squally into tyro (2) separate truat~, the incume from one
shall be paid to his child, AUDRIE LATTER STEWAP.T and from the other to LLSIE
SIIZANNNE LATTER LAMBERT for and during their respective'ltvcs.
Upon the death of the first of said children of Settlor to die,
if, but only if, the said child dies leaving issue her surviving, the principal
of said trust for such child shall be divided among the said surviving issue
of said deceased child par stirpes. In the event the child first dying shall
die without issue her surviving, then the income from said trust shall be
paid to the surviving child.
Upon Settlor'a death if one of said children shall have pre-
deceaacd him, with issue than surviving, the principal of said trust fund
shall be divided equally, and one-half of said fund shall be divided among
said surviving issue per stirpes sad the income from the other half shall
be paid to the surviving child. In the event the child who predeceases
Settlor shall die without issue surviving Settlor, then all of [he income ~
shall be paid to the surviving child.
Upon the death of the surviving child the balance of the
principal of said trusts remaining in the heads of the Trustee shall be diw
ided equally among the isaua of said survivor then surviving, per stirpas,
or if said survivor shall die without issue her surviving, then said prin-
cipal shall be paid to the issue of the child first dying than surviving,
or if there be ao issue of either child than surviving, the principal shall
be paid to the persons at that time surviving who would be entitled to the
Settlor's estate under the Inoeatate Laws of the Cq~monwealth of Peaneyl-
vania then is effect upon the death of the Settlor at said time.
i
If µpon Sattlor's death both said children shall have pre-
deceased him, then the principal of the trust shall be divided among the issue
of said children then surviving, per stirpea, or if [hare be no such issue,
the principal shall be paid to the persons at that time surviving who would
be entitled to the Settior'e estate under the 7neestate Laws of the L'oeamoaweali[a
of Pennsylvania thin in effect upon the death of the Settlor at said time.
The Settlor 1`,eraby gives and grants to the Trustee hereinabova
Hamad, or its successors, the following powers sad authority:
A, To take, hold and retain all or say part of this trust
or any additions thereto which the Settlor easy harsaftsz make is the form
is which the ease may be at the time of their receipt by the Trustee s$ long
as they say dead advisable sad to receive all the income, increments, rents
sad profits therafros.
B. To rill, asohaags, partition, lsaea or oths:wiss dispose
of any property or part tharaoi, real or passoaal, which slay at any time
form a part of thin trust, at public os private sale, for such putpoaea sad
upon such terms, including sales oa credit with or without security. in such
moaner and at such prices ea the Truatea say determine, including the rlghc
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~~ "
~..: '
1
to leers real estate for periods in aueas of five (5) years and for a term ~
eYpiziag alter Wa termination of this trust. In the event a sale, •=change,
partition or lease of any of the propazty is this trust occurs, Were shall
be no liability on the past of Wa purchaser or purchasers to see to the
application of the purchase mossy, but the same shall be held .and disposed
of by rush pur~3-asas or purchassrr, Erse and clear of any of the provisions
of this trust.
C. To invest or reinvest any funds in Chia trust in any
property, real or persona), of nay kind or nature, including stocks, bonds,
mortgages or other securities aad common trust funds of the trustee without
b.~ing limited or restricted to investments as now or may hersaftar be pre-
scribed for fiduciaries by the Lawa of the Commonwealth of Neaneylvania or '
nay other state, such investments to be made during Settlor's lifetime by
and with the advice and consent of 5ettlor, it being Che intent of this
instrument to give the Truatae, subject to such consent, the same power of
investment and seinvestment which Settlor would possess with respect to his
own funds. This power specifically includes the authorization to retain, buy or
sell any shares of the stock of the Trustee.
D. To tsars securities which may from time to time comprise
a part of this trust to bs ragiatered is Wa name of the Trustee or in the
Hama of any noainee or to take and keep the same unregistered sad retain
then, or any part thereof, is such condition that they will pass by delivery
without disclosing the fact that the property ie held is a fiduciary capacity.
E. To make any loans, either secured or unsecured, in such
amounts upon ouch terror at such rates of interest and to such persons, firms.
o r corporations sa may ba deemed adviaabla. '
F. To retain the principal or corpus or any part thereof in
the form of cash.
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WrS..-'
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G. To bosrow money for any purpose in connection with the
administration of this trust from Trustee or from such other persona as
it may desire; to execute promissory notes or other obligations for the
amount so borrowed and secure the payment of any amount so borrowed by
mortgage or pledge of any real or personal property comprising this trust
estate.
H. To renew or extend the time of payment of any obligations.
secured or unsecured, payable to this trust for so long a period or periods
of time and oa such terms as the Trustee may determine, sad to adjust, settle:,
compromise and arbitrate claims or demands in favor of or against this trust
upon such terms as may be deemed advisable.
I. To vote, in respect to securities which may at say time
form part of this trust, upon any proposition or election, at .any meeting
and to grant proxies, discrctioaary or otherwise; voce at such meetings; to
join in ar become a part of any reorganisation, readjustment, merger, voting
tsurct, coaazolidacion oc exch~inge, end to deposit any such yacuritias with
any committee depository, Trustee or otherwise, to pay out of this trust any
fees, expenses, and asseasmenta incurred in connection therewith, and to charge
the lama to principal or income as the Trustee may seen fit; to exercise con-
version, subscription or other rights, to sell or abandon such rights and to
receive sad hold any new securities issued as a result of such reorgaalzation,
readjustment. merger, wring trust, consolidation, exchanges, or exercise o!
subscription, conversion or other rights, and generally to Lake all action in
respect to any such securities as the Trustee might or could do as abaoluta
owners thereof; to vote any stock in the Trustee except that in the election
of directors of said Trustee said stock shall bs voted as directed by the
person or persona then entitled to all or part of the income.
J. In its discretion to allocate to either principal or income
or between them any and all taxes (especially capital gains taxes) the Trustee
may be required to pay oa behalf of thin trust.
-4-
(.
K. To divide or distribute, whtaavar required or permitted,
the asaeta in this trust sad to yaks such division or distribution is kind
or in money, os partly is load and partly in money, sad for such purposes
the ~udgmsat of the Truatae as to the value of the different items shall be
conclusive and final upon the bsasfieiarisa.
L. To determine in connsctian with making invsatmenta, whether
to anartixe premiums in whole or in part.
M. To exercise all power sad authority. including any dia-
csatioa conferred is this trust inatstiameat otter the termination at this
trust 'and until the aama is fully diatributsd.
N. ?o oiake distribution of either principal or income, as
the cue say be, to or for the benfit of minors u if ouch miaoss ware of
full age, without the intarwatiaa of a guardian.
• Q. Should the principal of any trust be payable to a minor
or minors, the Trurtaa shall continua the term of said trust as to said minor
or minors until it or they attain tho age of twenty-one (21) years, paying
owes to said minor or minors, or !os their use or benefit, the proportionate
eh area of the net Tacoma of acid !roar. The Txwtse shall. is its discretion,
ba authorixad to accumulate asid Tacoma for the benefit of said minor os minasa.
P. Dio title to any property la this tsuat or in the income
accruing thasefsom, os in its aeculation, shall vast in any banaficiary,
and no banatieiary shall have the right or power to traaafar, aasiga, antici~-
pate or sacumbsr hie ar her interest in said trust estate or the income
therefrom. prior to the actual distribution tbersof by the Trustee to said
banaticiasy. Husthar, neither the Tacoma nor the principal of any tzuat estate
shall be liable in any mannss, is the possession of the Trustee, for the
debts, contracts or sngagamsnts of say baasficiary.
Q. My end all dividends in the fora of stock received by said
Trw tea shall be amcatad by acid Trustee Eo principal sad aot diatsibutad
u income.
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-~.
8. The Trustee shall have the power at Settlor'a request
to accumulate any or all of the income from said trust during the lifetime
of Settlor.
Settlor hereby reserves the pawer to alter, amend or revoke,
in ~rhale or in part, and from time to time, as he may see fit, the truot
hereby created. In such event, however, the Trustee shall be entitled to
not more thansflaety (90) days to liquidate any assets held in Trustee's
common fund.
IN WITNESS WHEREOF, the parties hereto have caused this
lnatrumESUt to be duly enecuted the day and year first above mentioned.
~t=,/7'
TtiUS'lY:L'
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.~
SCHEDULE "A"
Stocks•
100 shs. Armco Steel Corp., Common
300 ahs. Budd Cwupa~+, Common
140 ahs. Bunker-Ramo Corporation, Caimmon
SO shs. Celanese Corporation of America,
Common
100 shs, McCraw-Edison Co., Common
50 _shs, New Yorlt Central Railroad Company,
Common
5D sl~s. Sun 031 Compass, Como~n
Cash
Total
~; .
~•
~:
Settlor's
Cost
$ 6,093.31
4,843,75
1,204,88
3,649.17
2,454,13
3,584,75
3,474.21
$24,303.70
18.86
$24,322.56
\.
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TRUST AMENDMENT
This Agreement made this day of , 1985.
W I T N E S S E T H T HAT :
WHEREAS, Karl L. Gatter by Inter Vivos Trust Agreement dated
October 27, 1967 with National Bank and Trust Company of Central
Pennsylvania, now Hamilton Bank, as Trustee, created an Inter Vivos
Trust to be divided into a separate Trust for each of his
daughters; and
' WHEREAS, upon his death on March 13, 1976, said separate
Trusts were created, one for Audrie Gatter Stewart, and one for
Elsie Susanne Gatter Lambert, each for life, which are presently
being administered by Hamilton Bank; anci
WHEREAS, the remaindermen of said Trusts are all of age, and
join herein, Elsie L. Stewart and Mary C. Stewart, being children
and vested remaindermen of the Audrie G. Stewart Trust and Marion
Elizabeth Lambert, being child and vested remainderman of the
Susanne G. Lambert Trust; and
WHEREAS, a dispute has arisen as to the fees to be charged
for administration of these Trusts, and at the request of the life
tenants, joined in by the remaindermen, the Trustee has agreed to
the transfer of each Trust to new Trustees; and
WHEREAS, Hamilton Bank and .its predecessors as Trustee have
duly made current and accurate accountings to the life tenants to
which no objection is taken by any of i~he undersigned and affixed
• hereto as Exhibit A hereof, are the assists and the balances in the
accounts for transfer; and
WHEREAS, no Court has undertaken jurisdiction of these
Trusts.
NOW THEREFORE, all of the parties :Ln interest agree each with
w
the other that from and after these presents, the orpus of said
Trusts shall be transferred as herein provided without further
accounting beyond the next quarterly period, and that the said
Trust Agreement be amended, or deemed among the parties to have
been duly amended, to provide that the :Prustee of the Audrie Latter
Stewart Trust be from and after said tr~snsfer Commonwealth National
Bank, and that the Trustee of the Elsie Susanne Gatter Lambert
Trust be from and after said transfer Commonwealth National Bank;
and that the resignation of Hamilton Bank as Trustee is hereby
accepted, and their name is hereby .amended out of said Trust
Agreement as current Trustee.
And each of the undersigned beneficiaries and remaindermen
Audrie Latter Stewart, Elsie Susanne Gatter Lambert, Elsie L.
Stewart, Mary C. Stewart and Marion Elizabeth Lambert, each for
themselves and their heirs, successors or assigns and jointly,
hereby remise, release and forever disckiarge the Hamilton Bank, and
its predecessors as Trustee under the Trust Agreement of October
27, 1967, of, and from any and every claim or ..demand whatsoever
which could or may hereafter be asserted against it for any matter
arising out of the administration of sand Trusts and hereby agree
that said Trusts shall indemnify and save harmless the Hamilton
Bank from any such claim, including the cost of defense thereof,
and in default of such indemnity the undersigned as individuals
hereby jointly and severally bind themselves as individuals
thereto.
And should at any time hereafter, ithe said Trusts fall within
the jurisdiction and supervision of any Court the undersigned
hereby waive any right to any accounting by Hamilton Bank, not
already rendered, and the successor Trustees shall be liable to
account only for the assets transferred into their hands hereunder.
IN WITNESS WHEREOF, the undersigned. have caused this Agreement
2
/ ,-
to be duly executed this day of
\ .
~.
.1
1985.
Audr a Gatter Stewart
,F-~- f4.~.4..x.,,,~..~~ y-.~-~-G..,.~--
Elsie Susanne Gatter Lambe t
Elsie L. Stewart
Mary C. Stewart
4
Marion Elizabeth ambert
Hamilton Bank, Trustee
By
3
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CONSENT OF NEW TRUSTEES
a;
AND NOW comes Commonwealth National Bank, and hereby agrees to
serve as Trustee under the separate Trust created under the Inter
Vivos Trust Agreement of Karl L. Gatte:r, dated October 27, 1967,
and to administer said Trust under the germs and conditions of said
Trust Agreement. One Trust is to be known as the Audrie G. Stewart
Trust and the other as the Susanne G. Lambert Trust.
Commonurealth National Bank
By: C _
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STEWART CONSENT OF NEW TRUSTEES/JHS6:ms:k 7/3/85 t
CONSENT OF NEW TRUSTEES
AND NOW comes Commonwealth National Bank, and hereby agrees to
serve as Trustee under the separate Trust created under the Inter
Vivos Trust Agreement of Karl L. Gatter, dated October 27, 1967,
and to administer said Trust under the terms and conditions of said
Trust Agreement. One Trust is to be known as the Audrie G. Stewart
Trust and the other as the Susanne G. Lambert Trust.
Commonwealth National Bank
By: ~ ~
J~« ~~~~ ~ be1.~M tr.sti iatG~
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RE: TRUST OF KARL L. GATTER FUk
AUDRIE G. STEWAkT
A. :Sackgrourict
This Trust rer~-oved from Hamilton Bank now bears Trustees
fees exceeding ten percent based upon minimum charges.
~i'his Trust provides income for life to Eludrie G. Stewart and
payment of principle upon her death to her two children, Elsie L.
Stewart and Mary S. Fitzgerald who are both of age and fully
informed about this Trust.
The Trust has not been audited by a Court.
llue to the relatively low assets and the expenses of corpo-
rate administration the undersigned desire to have the Trust
transferred for administration to an individual 'Prustee.
Lavid C. Eaton, an tittorney, has kindly consented to under-
take the administration of the Trust as appears from his consent
hereto attached as Exhibit A.
The Trust instrument is attached hereto as i~xhibit B.
13. In consideration of the foregoing, the undersigned each
hereby:
1. Agrees that the Trust should be transferred to David C.
~:aton, as Trustee, for further administration.
2. Declares that the periodic statements with respect to
the trust during its entire administration have been received by
Audrie G. Stewart, and made available to her daughters, and they
each find the same to be true and correct in all particulars; and
EXHIBIT
'~ ~.
each accepts and approves those statements as if they had been
duly stated in the form of an accounting and filed with and
audited, adjudicated and confirmed absolutely by the appropriate
Orphan's Court Division of a Court of Common Pleas.
3. Each Waives the preparation, filing and auditing of an
accounting of the administration of this Trust in the Court and
agrees that the Court may by its.clecree confirm an accounting
prepared on the basis of the above statements a.s a complete and
full accounting of the Commonwealth National Bank administration
of this ~1'rust;
4. Each absolutely and irrevocably releases and forever
discharges Commonwealth National Bank in its capacity as a bank
and as Trustee from any and all actions, suits, payments, ac-
counts, reckonings, liabilities, claims and demands relating in
any way to administration of the Trust to date; even if due to a
mistake or error of the Trustee other than gross riegligen~e.
5. Each agrees that she will indemnify Trustee and hold it
harmless in its capacity as a bank and as Trustee from and
against any and all claims, loss, liability or ciamage (including
legal fees and costs in connection therewith) which it may suffer
or to which it may be subjected by reason of it:s administration
of the Trust to date, and the transfer of its a;~sets to David C.
Eaton, as Trustee as herein request without having formal Court
approval; and
6. The transfer situs of the trust shall be 104 Bishop
Road, Upper Allen Township, Cumberland County, Pennsylvania $
David C. Eaton, Trustee upon transfer of the samE..
~ ,.
7. Each declare it to be her intention that. this instrument
sha1:1 be governed by the law of Pennsylvania and shall be legally
binding as an agreement upon her or her heirs, personal represen-
tatiwes and assigns,
WITNFy,SS
WITNESS
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Audrie G. Stewart, Life Tenant
~~ ~ ~~
Elsie L. Stewart:, Remaindermen
Hiary S. Fitzgerald, Remaindermen
CONSENT OF NEL~ ~i'FZU52`EE
A1~D NU4r comes liavid C. Eaton, who Hereby agrees to serve. as
~i'rustee under the separate Trust created under the Inter Vivos
2'rust Agreement of Karl L. Latter, dated October 27, 1967, zor
the Trust known as the Audrie G. Stewart Trust and to administer
said Trust under the terms and conditions of said Trust
Agreement.
i ~~~~y~
David C. Latun
EXHTBIT A
CONSENT OF NEW TRUSTEE
AND NOW COMES, Audrie G. Stewart, who hereby agrees to serve as Trustee under the
separate Trust created under the Inter Vivos Trust Agreement of Karl L. Gaffer, dated October
27, 1967, for the Trust known as the Audrie G. Stewart Trust and to administer said Trust under
the terms and conditions of said Trust Agreement.
a
Date: ~ «, z~ c./~. /,5-' ~ ,, o~
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Audrie G. S ewart
EXHIBIT "D"