HomeMy WebLinkAbout12-13-12ESTATE OF IN THE COURT OF COMMON PLEAS
KATHRYN W. FISHEL :CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
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PETITION TO APPOINT SUCCESSOR TRUSTED c~ :;'^' ~ ~,
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TO THE HONORABLE JUDGES OF SAID COURT: ~ ~ ~~~~~' ''
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Pamela F. VanKirk and Patricia F. Taylor, your Petitioners, file this Petition to Appoint
Successor Trustee under the provisions of Section 7764 of the Probate, Estates and Fiduciaries
Code and in support thereof avers that:
(1) Your Petitioner, Pamela F. VanKirk is a competent adult residing at 412 Darla
Road, Mechanicsburg, Pennsylvania 17055, and is the daughter of the above
decedent.
(2) Your Petitioner, Patricia F. Taylor is a competent adult residing at 715 Alberta
Avenue, Mechanicsburg, Pennsylvania 17050, and is the daughter of the above
decedent.
(3) The Fishel Family Irrevocable Trust Agreement was established on July 29, 1993,
with Kathryn W. Fishel appointed as Settlor and Trustee. A copy of The Fishel
Family Irrevocable Trust Agreement is attached hereto as Exhibit "A."
(4) Kathryn W. Fishel, died on August 21, 2012 at the age of 90 years, but prior
thereto lived and was domiciled at 5225 Wilson Lane, Mechanicsburg,
Cumberland County, Pennsylvania. A copy of decedent's Death Certificate is
attached hereto as Exhibit "B."
(5) Upon the death of Kathryn W. Fishel, the remaining trust estate shall be
distributed as follows, pursuant to 4.03 of The Fishel Family Irrevocable Trust
Agreement:
(A) Thirty percent (30%) of the remaining trust estate shall be divided into
separate and equal shares, and one such share shall be distributed to each
of the Settlors' grandchildren, per stirpes.
(B) Seventy percent (70%) of the remaining trust estate shall be divided into
separate and equal shares, and one such share shall be distributed to each
of the Settlors' children, Pamela F. VanKirk and Patricia F. Taylor, per
stirpes.
(6) A Trustee is necessary to authorize the distribution of the trust estate as outlined
in Paragraph (8) above, and no Successor Trustee was listed in The Fishel Family
Irrevocable Trust Agreement dated July 29, 1993.
(7) It is necessary that a Successor Trustee be appointed in the place of Kathryn W.
Fishel by reason of her death.
(8) All parties consent that Marcus A. McKnight, III be appointed as Successor
Trustee of The Fishel Family Irrevocable Trust.
(9) The names of all persons having an interest, vested or contingent, in the trust are
as follows:
Pamela F. VanKirk, Daughter
Patricia F. Taylor, Daughter
Jason R. Taylor, Grandson
Jenna C. Taylor, Granddaughter
Christine M. VanKirk, Granddaughter
(10) The consents of all parties are attached as Exhibit "C."
(11) ,The principal of the trust consists of securities with a fair market value of
approximately $337,546.87 as of the Decedent's date of death. Date of Death
Valuations are attached hereto as Exhibit "D."
(12) An inheritance tax prepayment was made to the Register of Wills, Agent on
November 21, 2012 in the amount of $19,700.00. Inheritance Tax Prepayment
Receipt is attached beret as Exhibit "E."
WHEREFORE, your Petitioners respectfully request that an Order be made authorizing
Marcus A. McKnight, III to act as Successor Trustee for The Fishel Family Irrevocable Trust,
pursuant to Section 7764 of the Probate, Estates and Fiduciaries Cody,
By
Mar us A. fight, III, Esquire
Su eme C u I.D. No. 25476
IRWIN & NIGHT, P.C.
60 West Pomfret Street
Carlisle, PA 17013
VERIFICATION
The foregoing document is based upon information which has been gathered by our
counsel and ourselves in the preparation of this action. We have read the statements made in this
document and they are true and correct to the best of our knowledge, information and belief. We
understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section
4904, relating to unsworn falsification to authorities.
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Pamela F_ .Kirk
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Patricia F. Taylor
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THE
FISHEL FAMILY
IRREVOCABLE TRUST
THIS TRUST AGREEMENT is executed in triplicate on this
day of a ~ 199 3 , by and between GEORGE Z . FISHEL, by
and thr gh s Attorney-in-Fact, Kathryn W. Fishel, and KATHRYN W.
FISHEL, individually, now of 110 West Green Street, Shiremanstown,
Cumberland County, Pennsylvania 17011 {herein called "Settlor" or
"Settlors") and KATHRYN W. FISHEL, now of 110 West Green Street,
Shiremanstown, Cumberland County, Pennsylvania 17011 (herein called
"Trustee") .
ARTICLE I. TRUST ESTATE
1.01. Initial Princival. Settlors, desiring to establish
an i rrevocab 1 e trust , do hereby irrevocably transfer, assign and
deliver to the Trustee and its successors, and assign the assets
listed on Schedule A, attached hereto and made a part hereof. As
further evidence of such assignment, the Settlors have 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 itself as Trustee, and
undertakes to hold, manage, inve$t 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. -~
1.02. Additional Princival. The Settlors and any other
person or persons, -with the consent of the Trustee, shall have the
right at any time to make additions to the corpus of this Trust or
any share thereof hereby established. All such additions shall be
held, governed, and distributed by the Trustee in accordance with
the terms and conditions of this Agreement.
ARTICLE II. IRREVOCABILITY OF TRUST
2.01. Irrevocability. Settlors have been advised of the
consequences of an irrevocable trust and hereby declare that this
Trust shall be irrevocable and shall not be altered, amended,
revoked, or terminated by Settlors or any other person or persons.
ARTICLE III. LIFE INSURANCE POLICIES
3.01. General Provisions. 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 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 the above-stated insurance
policies subject to any prior split-dollar life insurance agreement
and assignments, which may be i~n effect at the time of transfer.
The insurance companies which have issued 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 upon all persons
interested in this Trust. The Settlors hereby relinquish all
rights, title, interest and powers in such policies of insurance
which Settlors may own and which rights, title, interest and
powers are not assignable, and will, at the request of the Trustee,
execute all other instruments reasonably required to effectuate
this relinquishment.
3.02 . Payment of Premiums . 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 the Trustee shall apply any
dividends received 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 its sole
discretion, may apply any cash values attributable to such policy
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 the
policy~s 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 during the pendency of such disability, be waived, the
Trustee, upon receipt of such knowledge, 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.
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3.03. Duties of_ Trustee With Renard to Life 2nsurance
Policies. The Trustee shall be under no obligation or duty
whatever, except with respect to the safekeeping of such policies
of insurance and the duty to receive such sums as may be paid to
them 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 its expenses, including counsel fees and costs, have been
advanced or guaranteed in an amount and in a manner reasonably
satisfactory to the Trustee. The Trustee may repay any advances
made by it or reimburse itself for .any such fees and costs from any
corpus or income of this Trust.
ARTICLE IV. TRUST DISTRIBUTIONS
4.01. Trust Principal. The entire corpus of this Trust,
including the assets initially transferred to this Trust,
subsequent additions to this Trust, and the proceeds of any sale,
exchange or investment of such Trust assets, shall be used for the
purposes herein contained.
4.02. Income Distribution. During the lifetime of KATHRYN
W. FISHEL, the Trustee shall distribute all of the net income of
the trust to, or for the benefit of, KATHRYN W. FISHEL for and
during the remainder of her life, provided that if KATHRYN W.
FISHEL should be admitted into a long-term care facility for a
period of time greater than thirty (30) days, then the Trustee
shall discontinue distribution of all income, and shall accumulate
any and all of the net income of the trust, and shall add such net
income to the principal of the trust. The Trustee shall make no
distribution of principal to, or for the benefit of, either or both
of the Settlors.
4.03. Principal Distributions. Upon the death of KATHRYN
W. FISHEL, the Trust shall terminate. Upon termination, the
remaining trust estate shall be distributed as follows:
(A) Thirty percent (30%) of the remaining trust estate shall
be divided into separate and equal shares , and one such share shall
be distributed to each of the Settlors' grandchildren, per stirpes .
If any of the Settlors' grandchildren predecease the termination of
this Trust, the predeceased grandchild's share shall be distributed
equally to the predeceased grandchild's issue, per stirpes,
provided that if any of Settlors' grandchildren predecease the
termination of this Trust without leaving issue, then such
predeceased grandchild's share shall be distributed equally to
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Settlors' remaining grandchildren, per stirpes.
(B) Seventy percent (70 0) of the remaining trust estate shall
be divided into separate and equal shares, and one such share shall
be distributed to each of the Settlors' children, PAMELA F. VAN
KIRK and PATRICIA F. TAYLOR, per stirpes. If any of the Settlors'
children predecease the termination of this Trust, the predeceased
child's share shall be distributed equally to the predeceased
child's issue, per stirpes, provided that if any of Settlors'
children predecease the termination of this Trust without leaving
issue, then such predeceased child's share shall be distributed
equally to Settlors' remaining issue, per stirpes.
4.04. General Power of Appointment. Settlors' children,
PAMELA F. VAN KIRK and PATRICIA F. TAYLOR, are hereby granted the
general power to appoint some or all of the principal of this Trust
to themselves or their estates, or any other individual, in such
proportions and upon such terms (in trust, outright gifts, or in
any other manner) as they jointly deem advisable. The authority
under this general power of appointment shall only be exercisable
upon the consent, in writing, by all of the Settlors' children,
with regard to the terms, conditions, and amount of the
appointment. This power shall not be exercisable under their
Wills. If Settlors' children fail, either in whole or in part, to
exercise this general power of appointment herein granted, the
unappointed principal shall continue in trust and shall be
administered according to the terms of this Trust. Upon the death,
resignation, removal or incapacity of one of the Settlors'
children, then the remaining child shall exercise the general power
of appointment under this provision.
4.05. Broad Special Power of Appointment. KATHRYN W.
FISHEL is hereby granted the special power to appoint, at any time
and from time to time, the principal of this Trust in whole or in
part and in any manner and in such proportions as she deems
advisable to whomever she desires. This power shall not be
exercisable under her Will. This special power of appointment does
not grant to KATHRYN W. FISHEL the power to appoint the principal
of this Trust to herself, her estate, her creditors or the
creditors of her estate. If KATHRYN W. FISHEL fails, either in
whole or in part, to exercise this special power of appointment
herein granted, the unappointed principal shall continue in trust
and shall be administered according to the terms of this Trust.
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, but
subject to any limitations contained elsewhere in this Trust, the
Trustee shall have the following powers and duties:
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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, and 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, wheresoever located,
at any time held or acquired hereunder, at public or
private sale, for cash or on .terms as may be determined
by the Trustee, 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
the Trustee may not invest in any stock or securities
issued by the corporate Trustee or issued by a parent or
affiliate company of such Trustee.
(3) To retain for investment any property deposited
with the Trustee hereunder; except that the Trustee may
not retain for investment any stock or securities in the
corporate Trustee or in a parent or affiliate company of
such Trustee.
(4) To vote in person or by proxy any corporate
stock or other security and to agree to or 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 any 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
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conveying any property of the Trust, including the power
to borrow from the Trustee (in the Trustees individual
capacity} at a reasonable rate of interest.
(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 of 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 s took, bond or other security i s a trus t
asset and the Trustee shall be responsible for the acts
of the nominee.
(10) To merge this Trust with any other trust
created in my 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 wi 11
not cause the imposition of gift 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 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 the principal of the 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 trust shall be distributed to the
personal representative of such persons estate.
C. In making distributions from the Trust to or for the
benefit of any minor or other person under a legal disability, the
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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
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 Settlors' death the total fair market
value of the assets of any trust established or to be established
hereunder is so small that the corporate Trustee's annual fee for
administering the trust would be equal to or less that the minimum
annual fee set forth in the Trustee's regularly published fee
schedule, then 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 Settlors'
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 to
or from Settlors' estate, the estate of Settlor's spouse, or any
trust created by Settlor or Settlor's spouse during life or by
will, even though the same person or corporation may be acting as
executor of Settlor's estate or the estate of Settlor's spouse or
as trustee of any other such trusts and as the Trustee of this
Trust.
H. The Trustee shall have discretion to determine whether
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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
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 .or 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 it deems appropriate.
5.02. Voting by Trustee. When the authority and power
under this Trust is vested in two (2) or more Trustees or Co-
Trustees, the authority and power under this Trust or granted by
law shall be vested in, and exercised by, each of the Trustees
individually or all of the Trustees jointly, such that each Trustee
may act independently, or the trustees may act jointly, in the
administration or under the terms of the Trust agreement.
ARTICLE VI. SPENDTHRIFT PROVISION
6.01. General Provision. 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 Power 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 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.
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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. The captions set forth in this Agreement
at the beginning of the various divisions hereof are for
convenience of reference 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 in Cumberland County, Pennsylvania.
ARTICLE VIII.
COMPENSATION OF TRUSTEE AND
APPOINTMENT OF SUCCESSOR TRUSTEE
8.01. Compensation. The Trustee shall receive as its
compensation for the services performed hereunder that sum of
money, based on an hourly charge or percentage rate, which the
Trustee .normally and customarily charges for performing similar
services during the time which it performs these services.
8.02. Removal of Trustee. Settlors may remove the
Trustee, at any time or times, with or without cause, upon thirty
(30) days written notice given to the current Trustee. Upon the
death of the Settlors, a majority of the current income
beneficiaries may remove the Trustee, at any time or times, with or
without cause, upon thirty (30) days written notice given to the
Trustee. Upon the removal of the Trustee, a successor Trustee
shall be appointed in accordance with the terms set forth in
Paragraph 8.03.
8.03. Appointment of Successor Trustee. The Trustee may
resign at any time upon thirty (30) days' written notice given to
the Settlors if Settlors are living, or in the event of Settlors
death, upon thirty (30) days' written notice given to the current
income beneficiary or beneficiaries (including a beneficiary's
natural or legal guardian or legal representative), hereunder.
Upon the death, resignation, removal or incapacity of the Trustee,
or upon the admittance of the Trustee, KATHRYN W. FISHEL, to a
long-term care facility for a period of time greater than thirty
(30) days, Settlors hereby appoint their children, PAMELA F. VAN
KIRK and PATRICIA F. TAYLOR, or the survivor of them, as Successor
Trustees. Upon the death, resignation, removal or incapacity of
both of the Successor Trustees, an additional successor trustee(s)
may be appointed by the Settlors or the survivor during Settlors'
lifetimes, or, after Settlors' deaths, by a majority of the current
income beneficiaries. Settlors prohibit the appointment of the
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Settlors, or their personal representatives, as Trustee and any
attempt to do so shall be without authority under this Agreement.
Any successor trustee shall be a financially sound .and competent
corporate trustee. Any successor trustee thus appointed, or, if
the Trustee shall merge with or be consolidated with another
corporate fiduciary, then such corporate fiduciary, shall succeed
to all the duties and to all the powers, including discretionary
powers, herein granted to the Trustee.
ARTICLE IX. PERPETUITIES CLAUSE
9.01. General Provision. Notwithstanding anything to the
contrary in this Trust, each disposition the Settlors have made
hereunder, whether legal or equitable, to the extent it can be
referred in its postponement of becoming a vested interest to a
duration measured by some life or lives in being at the time of the
death of the surviving Settlor is definitely to vest in interest,
although not necessarily in possession, not later that 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 the death of the surviving Settlor.
ARTICLE X.
ACQUISITION OF UNITED STATES TREASURY BONDS
ELIGIBLE FOR TAX PAYMENT; PAYMENT OF TAXES, FUNERAL
EXPENSES, AND EXPENSES OF ADMINISTRATION
10.01. Acquisition of Bonds . The Trustee may, at any time,
without the prior approval or direction of the Settlors and whether
or not the Settlors are able to manage their own affairs, acquire
United States Treasury Bonds selling at a discount, which bonds are
redeemable at their par value plus accrued interest thereon for the
purposes of applying the proceeds to the payment of the United
States estate tax on the Settlors' estate; and the Trustee may
borrow from any lender, including itself, with or without security,
to so acquire these bonds.
10.02. Payment of United States Estate Tax by Bond
Redemption. The Settlors direct that any United States Treasury
Bonds which may be redeemed at their par value plus accrued
interest thereon for the purpose of applying the proceeds to the
payment of the United States estate tax imposed on the Settlors'
estates, and which are held by the Trustee, shall, to the extent of
the amount determined to be required for payment of the estate tax,
be distributed to the legal representative of the Settlors' estates
to be used by the legal representative ahead of any other assets
and to the fullest extent possible to pay the estate tax.
10.03. Payment of Death Taxes and Other Estate Settlement
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Costs. After the Trustee has complied with paragraph 10.02, above,
and ascertained from the legal representative that all such bonds
have been redeemed in payment of the United States estate tax, the
Trustee shall also ascertain from the legal representative whether
the legal representative has sufficient assets to pay the remaining
legacy, succession, inheritance, transfer, estate and other death
taxes or duties (except the additional estate tax imposed by
Section 2032(c), or corresponding provisions of the Internal
Revenue Code of 1986 applicable to the Settlors' estates and
imposing the tax) levied or assessed against the Settlors' estates
(including all interest and penal-ties thereon) , all of which taxes,
interest and penalties are hereafter 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 purposes, 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 Settlors' gross estates for purposes of
the United States estate tax and shall not impair the marital
portion without first exhausting the entire non-marital portion.
If the Executors of the Settlors' Estates, in such Executors'
sole discretion, shall determine that appropriate assets of
Settlors' estates are not available in sufficient amount to pay (1)
the Settlors' funeral expenses, and (2) expenses of administering
the Settlors' estates, the Trustee shall, upon the request of the
Executors of the Settlors' estates, contribute from the principal
of the trust estate the amount of such deficiency; and in
connection with any such action the Trustee shall rely upon the
written statement of the Executors of the Settlors' estates as to
the validity and correctness of the amounts of any such expenses,
and shall furnish funds to such Executors so as to enable such
Executors to discharge the same, or to discharge any part or all
thereof itself by making payment directly to the person entitled or
claiming to be entitled to receive payment thereof. No
consideration need be required by the Trustee from the Executors of
Settlors' estates for any disbursement made by the Trustee pursuant
hereto, nor shall there be any obligation upon such Executors to
repay to the Trustee any of the funds disbursed by it hereunder,
and all amounts disbursed by the Trustee pursuant to the authority
hereby conferred upon it shall be disbursed without any right in or
duty upon the Trustee to seek or obtain contribution or
reimbursement from any person or property on account of such
payment. The Trustee shall not be responsible for the application
of any funds delivered by it to the Executors of the Settlors'
estates pursuant to the authority herein granted, nor shall the
Trustee be subject to liability to any beneficiary hereunder on
11
account of any payment made by it pursuant to the provisions
hereof .
IN WITNESS WHEREOF, the Settlors and Trustee have hereunto- set
their hams and seals as of the day and year first above-written.
SS
L' ~~~~.c.w /7 ~~-c.-~~~ ~U~L (SEAL )
GEORGE Z. FISHEL, by and through
his attorney-in-fact, KATHRYN W.
FISHEL, SETTLOR
cG~~/~ ~. ~~c~ (SEAL)
RATHR W. P'ISHEL, 3BTTLOR
CO ONWEALTH OF PENNSYLVANIA
~,~~tiL~,PJ~ dti~ ' S S
co TY OF ~; ~, :
On this the 9 ~ da of Lti 19 9 f r
O~ Y 3, be o e me, a
Notary Public, the undersigned officer, ersonally appeared GEORGE
Z. FISHEL, by and through his attorney-in-fact, KATHRYN W. FISHEL,
and KATHRYN W. FISHEL, his wife, known to me (or satisfactorily
proven) to be the persons whose names are subscribed to the within
Trust Agreement, and acknowledged that they executed the same for
the purposes therein contained.
IN WITNESS WHEREOF, I have set my hand and official Seal.
~~~-a ublic~ ~
Notarial seaiNly Comm' s s ion Expires
l;nda Lee Gates, Notary~ubi c
ShirEmanstown i:~oro, Cumberland County
lvy Commission Cxpires oct. 9,1995
The foregoing Trust Agreement was delivered, a '. s h eby
accepted, at ~~ ~~/n/~ Pennsylvania, on 'Z ,
1 9 9 '~
i' vr-c-1~'r~c~ ' ~~. ~~~-~~' SEAL
KATHR W. FISHEL, TRUSTEE
12
s
SCHEDULE "A"
SCHEDULE
REFERRED TO IN THE ANNEXED
TRUST AGREEMENT
DATEDs 1993
FROM GEORGE Z. FISHEL AND KATHRYN W. FISHEL,
SETTLORS
TO KATHRYN W. FISHEL,
TRUSTEE
Property Description:
13
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int In COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT Of HEALTH • VITAL RECORDS
1eo1 CERTIFICATE OF DEATH .._._..,_.._._
1. Decedent's Legal Name IFlrst, Middle, Last, Suffix) 2. Sex 3. Social Security Number 4. Date of Death (MO/Day/Yr) (Spell Mo)
Kathryn W. Fishel female 187-16-6538 August 21, 2012
6a. Age-last Birthday (Vrs) Sb. Under 1 Vear Sc. Under 1 Da 6. Date of Birth (Mo/D ay/Near) (Spel l Month) 7a. Birthplace (City and S tate or Foreign Country)
90 ^^°ntns Days H°urs Minutes March 30
1922 Mechanicsbur PA
, 7b. Birthplace (County)
Sa. Residence (State or Foreign Country) 8b. Residence (Street and Number -Include Apt No.) Bc. Did Decedent Live in a Township?
PA 5225 Wilson Lane Ves, decedent lived in _TCXsIPr A~~t?T1 twp
8d. Residence CCounty1
fiber an 8e. Residence (Zip Code) 17055 ^ No, decedent lived within limits of city/boro.
9. Ever in US Armed Forces? 10. Marital Status at Time of Death ^ Married ~ Widowed 11. Surviving Spouse's Name (If wife, give name prior to first marriage)
^Ves ~ No ^ Unknown ^ Divorced ^ Never Married ^ Unknown
12. Fathei s Name (First, Middle, Last, Suffix) 13. Mother's Name Prior [° First Marriage (First, Middle, Las[)
J. Elmer Widder Pearl A. Lefever
14a. Informant's Name 14b. Relationship to Decedent 14c. Informant's Mailing Address (Street and Number, City, State, Zip Code
Pamela F. VanKirk daughter 412 Darla Road, Mechanicsburg, PA 17055
.............................................................
........................................... .,-,.., lSa; Place of Death Check onl one
. ...........t...
.....
....Y..
..
..
...
..............
..
...
....
.
.
.
.
If Death Occurred in a Hospital. ~ Inpatient : .
..
..
...
....
...
.
.
.
.
.
.
......................., .......................................
If Death Occurred Somewhere Other Than a Hospital. ^ Hospice Facility ~ Decedent's Home
^ Emergenty Room/Outpatient ^ Dead on Arrival ^ Nursing Home/Long-Term Care Facility ^ Ocher (Specify)
.
lSb. Facility Name (If not institution, give street and number; 16c. City or Town, State, and Zip Code lSd. County of Death
Holy Spirit Hos ital Hill, PA 17011 Cumberland
16a. Method of Disposition ~ Burial ^ Cremation 166. Date of Disposition 16c. Place of Disposition (Name of cemetery, crematory, or other place)
^ Removal from State ^ Donation Aug
24
201 Mechanicsburg Cemetery
Other (Specify) •
,
16d. Locatio of Disposition (City or Town, State, and Zip)
h 17a. Signature of Funeral Service Licensee r Person in Charge of Interment 17b. License Number
Mec
anicsburg, PA 17055 /~
~
~ FD 011667 L
t
./~ a
17c. Name and Complete Address of Funeral Facility
Mal zzi Funeral Home 8 Market Plaza Wa Mechanicsbur PA 17055
I8. Decedent's Education -Check the box that best describes the 19. Decedent of Hispanic Origin ~ Check the 20. Decedent's Race ~ Check ONE OR MORE races to indicate what
highest degree or level of school completed at the time of death. box that best describes whether the decedent the decedent considered himself or herself to be.
^ 8th grade or less is Spanish/Hispanic/Latino. Check the "NO" White ^ Korean
^ No diploma, 9th ~ 12th grade box ((decedent is not Spanish/Hispanic/Latino ^ Black or African American ^ Vietnamese
^ High school graduate or GED completed No, no[ Spanish/Hispanic/Latino ^ American Indian or Alaska Native ^ Other Asian
® Some college credit, but no degree ^ Yes, Mexican, Mexican American, Chicano ^ Asian Indian ^ Native Hawaiian
a Associate degree (e.g. AA, A5) ^Ves, Puerto Rican ^ Chinese ^ Guamanian or Chamorro
^ Bachelor's degree (e.g. BA, AB, 851 ^Ves, Cuban ^ Filipino ^ Samoan
^ Master's degree (e.g. MA, MS, MEng, MEd, MSW, MBA( ^Ves, other Spanish/Hispanic/Latino ^ lapanese ^ Other Pacific Islander
^ Doctorate (e.g. PhO, EdD) or Professional degree (Specify) ^ Other (Specify)
e. . MD DDS, DVM, LLB 1D
21. Decedent's Single Race Self-Designation -Check ONLY ONE [o indicate what the decedent considered himself or herself to be. 22a. Decedent's Usual Occupation -Indicate type of work
White ^ Japanese ^ Samoan done during most of working Ilfe. DO NOT USE RETIRED.
^ Black or African American ^ Korean ^ Other Pacific Islander receptionist
^ American Indian or Alaska Native ^ Vietnamese ^ Don't Know/Not Sure
^ Asian Indian ^ Other Asian ^ Refused 22b. Kind of Business/Industry
^ Chinese ^ Native Hawaiian ^ Other (Specify) medical
^ Filipino ^ Guamanian or Chamorro
ITEMS 23a - 23d MUST BE COMPLETED 23a. Date Pronounced Dead (Mo/Oay/Vr) 236. 'gnature of Person P onouncing Death (Only when applicable) 23c. License Number
BY PERSON WHO PRONOUNCES OR
CERTIFIES DEATH n /l ~1
~~(rCDC ~I ~UJ`~' n
!n, g,~tO IP
23d. Date Si ned (MO/Day/Vr) 24. Time of
Death ) ,/ ~.~-/1/ VY
C ~1 o1(IJ~ ~~ii
'~tt
v".,7,~ 25. Waz Medic Examiner or Coroner Contacted? ^ Yes No
CAUSE OF DEATH Approximate
26. Part I. Enter the chain of events--diseases, inlurles, or complications- chat directly caused [he death DO NOT enter terminal events such as cardiac arrest Interval:
respiratory arrest, or ventricular fibrillation without showing the etiology. DO NOT ABBREVIATE Enter only one cause on a line. Add additional lines if necessary Onset [o Death
/t~v>-~ 5Y5tuLtc Cc~ly/,ts"ttvs: I1~Vk2T ,--Hl~yf'~- Z~.t~r.•
'"
IMMEDIATE CAUSE ~-----~------~-> a. _
f
(Final disease or condition Due [o (or as a consequence o
).
resulting in death) ~ ~~ ~ 1 >
b. ~LV~c1-E~ 1~~+~IL11L ~l~t,yf.` 1.~~',(.ir.6~1i3-1-i1or~ :?cIt'rg>-~
Sequentially list conditions, Due to for as a consequence of)
((any, leading to the cause
listed on line a. Enter the c.
UNDERLYING CAUSE Due to (or as a consequence of)
(disease or injury that
i
iti
d th
e
nt
lti
d
t
n
ve
s resu
ng
. _ _ _____ __ __ __.
a
e
e
in death) LAST. Due to for as a consequence o().
26. Part II. Enter other significant conditions contributing [o death but not resulting in the underlying cause given in Part I 27. Was an autopsy performed?
^ ves Q-K6
28. Were autopsy findings available
[o complete the cause of death?
^ Yes ^ No
29. If Fe le: 30. Did Tobacco Use Contribute to Death? 31 Manner of Death
Not pregnant within pas[ year ^ Yes ^ Probably [}'t'latural ^ Homicide
^ Pregnant at time of death ~1Qo ^ Unknown ^ Accident ^ Pending Investigation
^ Not pregnant, but pregnant within 42 days of death ^ Suicide ^ Could not be determined '.
^ Not pregnant, but pregnant 43 days to 1 year before death 32. Date of Injury (Mo/Day/Vr) (Spell Month)
^ Unknown i( pregnant within the past year 33. Time of Injury
34. Place of Injury (e.g. home; construction site; (arm; schogl) 35. Location of Injury (Street and Number, City, State, Zip Code)
36. Injury at Work 37. I/Transportation Injury, Specify: 38. Describe How Injury Occurred:
^ Yes ^ Driver/Operator ^ Pedestrian
^ No ^ Passenger ^ Other (Specify)
39a. rtifier (Check only one):
YJ Certifying physician - To the best of my knowledge, death occurred due to the cause(s) and manner stated
^ Pronouncing & Certifying physician -To the best of my knowledge, death occurred a[ the time, date, and place, and due to [he cause(s) and manner stated
, and/or investigation, in my opinion, death occurred at the time, date, and place, and due to the cause(s) and manner stated
^ Medical Examiner/Coroner - On the basis of examina
tion
`
'
Signature of certifier: ~~~~ •,~'!V Title of certifier: M ~ ~ ~l R.t~ License Number: M ~ l+2-I ~. ~'1.J
396. Name, Address and Zip Code of Person Completing Cause of Death (Item 26) ~
i
r
~
~ C
h 39c. Date Signed (Mo/Day/Vr)
~
P,-,
i, l ~o (I
11
-
~1?n ~„ m IT- i -~ I ~~ . vt~, 3 L.L ~Z F,-, v,c.'~ (-e I<r;- ~ z, ~ c I L
40. Reglstra is District Number 41. R s s Signa[ur 42. Registrar Flle Date (Mo/Day/Vr)
~~~~~r~, -~R. ~~a~ ~1~
43. Amendments
/_ ra ~~~ C,(' H106-143
Disposition Permit No. L_Y )_ V _ __ REV 07/2011
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
I hereby consent that Marcus A. McKnight, III be appointed Successor Trustee to The
Fishel Family Irrevocable Trust.
~;
X1 /
' ~;;~`~~ ; ~--~~ ~"~-_ ~'~,, =~,'~ SEAL
~ )
Christine M. VanKirk
Sworn subscribed before me
this ~ day of Novembe~012.
< COMMONWEALTH OF PENNSYLVANIA
~~ Notarlai Se~9
/ l~ar~en S. Noel, N~s`,~~v pts~lic
`~-~ ~~ Carflsie Boro, Cumb~rPa~~o Coup
Notary PUb11C ~ MY Commission Expires Dec, 8, X015
MEMBER, PENN6YLVAq~~ ~~7C~li1T0y pp NOTARIES
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
I hereby consent that Marcus A. McKnight, III be appointed Successor Trustee to The
Fishel Family Irrevocable Trust.
,,
(SEAL)
Patricia F. Tay
Sworn and subscribed before me
this c~~( day of November, 2012.
,~
,~ ~
~..
r~
COMMONWEALTH OF PENNSYLVANIA
Notary Public Nota~a~ ~„zi
CarlisE~ :€*~, Cuna~~~n~ ~:a~nty
MY COmmi~Sd~n Exp~~es [~. 8, 2015
MEMBER, PEIVN~YLYANY~ A550~4TION AF NO~T'AR1~
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
I hereby consent that Marcus A. McKnight, III be appointed Successor Trustee to The
Fishel Family Irrevocable Trust.
~ ~~ J
~~'~`~ ~r~ "' ~~ ~.-~ (SEAL)
f Jason R. ~'ay or
Sworn and subscribed before me
this ~~ ~~ day of November, 2012.
,-~ f,. COMMONWEALTH OF PENNSYLVANIA
r ~ Notarial Seal
Notary Public ~ irl sr a , c~,` ~~ a cou ty
My Commisslor~ expires Dgc. 8, 2015
MEMI!~~~, f~~NN LYANT~+ SOCiATIQN QF NQTAitIES
~`t~ 1~~f'v~ (3;~I ~~~` ~:~'~ I__., I . ~ c~ r PIi~ I`r1 ~ ~' L ~i :'y 1`~J I
i het-e~~, ~:c7r~5~;r~t that Vlat~e~s .~^~. ~/Ic~t~i;ht. ~i~ be a~~~cir~tecf ~~tcc~ss~~- `E ~•rts~cc. ,~ 'the
~iS~4:~ ~al"TTi~~;' ~='e~:~1ti:a~)~~ •~~i'.l~t.
l ~~,
/~
~wcjrt~ ~Et7d s~tb^~erihed ~ef~>~-~t~~e
this~c~'f' ~~~~ ~~f hlc~~ieii~l~~?~ 1 ~'.
`/ ''
~l~~.~tr~, i_'~~~~Iic
COMMONWEALTM OF PENNSYLVANIA
Notarial SPA!
KarB~ 5. NoelF. ~a~tba~-~ ~ubllc
~r!lsl~ Ba'o, ~urn~i"aid bounty
My Commis~fon Expir~4 i~:C. S, 2015
MEMBER, PENNSYLVANIA A55(7CL4TTf1N OF NOTARIES
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
I hereby consent that Marcus A. McKnight, III be appointed Successor Trustee to The
Fishel Family Irrevocable Trust.
// f
/.~!/,!
l~/ i~ ~ ~ .~' ~ ~ _ ~' ~ ~.~ SEAL
C ~" t. e~ ~c s~ ~ . ~
Pamela'. VanKirk
COMMONWEALTH OF PENNSYLVANIA
Natarlal Seal
Karen 5. ~oelfi Nakary public
Carlisle ~~su, Cu~~rland Caunty
My Commtss+on Expires ~. ~, 2015
MEMBER, pEhiidSYLVANIA ASSOCUTYON OF NO"TARtES
Sworn and subscribed before me
this ~ ~~. day of November, 2012.
214 Senate Ave
7th Floor
Camp Hill, PA 17011
tel 717 730 1800
fax 717 730 1894
toll free 800 237 1700
September 27, 2012
Irwin & McKnight , P.C.
Attn: Marcus A. McKnight III
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pa 17013
Re: Estate of Kathryn W. Fishel
Dear Mr. McKnight,
MorganStanley
SmithBarney
d{{~~J r ^ tta
'RVVIi~ & iVIcItIViGi-I'~
l_NW OFFICt~~
As requested, I have enclosed a valuation for Kathryn Fishel's accounts with our Firm. Please be advised
that the account registrations have not changed in the past 12 months; nor were any accounts closed.
However, the first Trust account referenced below (341-010158-139) was never funded and is currently at
a zero balance.
The Fishel Family Trust owns an annuity with Sun Life with Kathryn Fishel as the annuitant. This policy was
issued on 07/20/2000. I have informed them of Kathryn's passing and they are preparing the claim forms
for the beneficiaries named in the contract.
Account Re istration Account Number O enin Date
Kathr n Fishel Ttee, Fishel Famil Irrev Trust U/A/D 7/29/1993 341-010~1-~&=-1~9 07/05/2012
Kathr n Fishel Ttee, Fishel Famil Irrev Trust U/A/D 7/29/1993 341-010168-139 07/12/2012
Kathr n Fishel Ttee, Fishel Famil Irrev Trust U/A/D 7/29/1993 341-010169-139 07/12/2012
Kathr n Fishel Ttee, Fishel Famil Irrev Trust U/A/D 7/29/1993 341-899268-139 05/09/2001
Kathr n W. Fishel 341-908997-139 05/02/2008
We will avvait fiurther il~~truction firom you and the executrixes of Kathryn`s estate on how you would like to
proceed with the accounts.
As always, please feel free to contact me at 717-730-1826 or at jennifer.s.conway morganstanley com
with any questions or concerns.
Kindest R gards,
0
~ Jenni er Con RP®
Sr. Registered Associate
Morgan Stanley Smith Barney LLC. Member SIPC.
Kathryn Fishel: 341-10169-139
.-:.u•~rzw•vu.,:as>..xsxz~zuw~u,.,.x..>z^~~ a•.c .._rc:ss:;res•„mwri x-sm,~w.xr. ..xawsvsr~;rmxr :aT•~ n-v..rc raux^.mx.arx..tt.•aairre:rauasya•,•ru.~z• :.zax~ranas.~; aa~sn:w»zu^~ra,cnr~ .
r,,.race;z,r•^ ,~~xmwz;,zaa.oxmuevxuses:~,xn~
Symbol/CUSIP ~ Security Description Quantity ~ Price ($) Market Value ($)
,~
f~j$y ~- fCash 100 1.00 100.00
S"~ a-macsxsv xv'.e.;u•.~rwuaxzcmam~aa~sr axreee~~ . ,•,rhs r.:ozm w.aruumvecw~
BDPS MORGAN STANLEY BANK N.A. 1895.84 1.00 1,895.84
..r~~
F r+.mmz ..x~zx-
BIV •VANGUARD INTERMEDIATE TERM BND ~ 272 ~~ 88.82 24,159.04
_.A .... .
~~ _ ..
fBCBAX BLACKROCK CORE BOND PTF A ~ 2 433.33 9.68 23 554.63
~LSBDX LOOMIS SAYLES BOND INST 782.552 14.77 11,558.29
fX~•~;• .sueur..zrws:cwzw~ss::uw~:.s,,, .. ~:.:~ x~sc~:a~r.:.»:~eawraxmcrnxz:~vaxza: - ~ .~.:w-. •..vrsn:ax _.
~~PT AX ~~PIMCO TOTAL RETURN A 2,067.77 11.38 23,531.22
•raor/.~~a~ax:~•assassr.~zez:~.xma»srw ~ x~aaKZ~,~:re~~aaxzwwumauxraraxss;w~z,•~e,;?:;awx s ~,
PSHAX PIMCO SHORT-TERM A 3,897.16,• 9.85 38,387.03
{{[TPINX ~~ TEMPLETON GLOBAL BD FDA ~~ ~ 485.54. 13.20 6,409.13
~' 9-y~aYRN :JA4d"X6X. 4:4M '~..#~SY(SCIOX.'0.1:vT~FRS~,T~.'v'IIK.Y."9~.T R~..X1G.9~MP.:kAf,KY/..ai:>:IXIFSY.SAh".Yt".Y~~T~.?f" ... -~?~Y[R {~i.~
~.
~ - $129 595.18
Unless otherwise indicated, this information is not intended to be a substitute for the official account
statements that You receive from Us. This information is approximate and subject to adjustment,
updating and correction and is for illustrative and general reference purposes only. We are not
Last Refreshed - 14:37 PM EDT, 10/01/2012
Id~iS~
Kathryn Fishel: Individual Account # 341-908997-139
_:~_., ..
S mbol CUSIP
Y / Security Description
Cash
CIBCX AMERICAN CAP INC BUILDER C
~CWGCX AMERICAN CAP WRLD GR &INC C
Quantity Price ($) ~ Market Value (~ ~~
-57.11: 100 -57.11 ~-k~',
253.21." ~~~52.79 13,366.96 .~.~IV ~c~vz~
240.47; 35.18 8,459.73 ~ ,1.,~ 1
TOTAL ~ $21,769.58
Kathryn Fishel Trustee: Fishel Family Trust account # 341-899268-139
z.:.;~w;r~~acxx„u;,xaw:»:cwan~~x~~c•.zsr::uxsrsnas•..;uy:u:~~x~oxsw.uuez~:zczrsttro.~~.~rw;:u~z~ y:;,~,~y
-zwzvrms9xzxax:z:;ua~~~au ~ ~:mr~ a~uwss~~~ro<ttcexrarzc::az~,ramxxu au,~ '
Symbol/CUSIP ~ Securit Descri tion
~~;;~;,:~;~~z;~,,~,~,,~~",,~~;,;F Y p ~ Quantity .Price ($) ' Mara(u $)
~BDPS ~CITIBANK,N A. 4,181 76 1.00 ~ 4,181.76,/ III
~ ~ TOTAL ~ $4,1E1.76
Kathryn Fishel Trustee: Fishel Family Trust account # 341-10168-139
~."xu .ax.~"w •.w,.rcxarwru ~aec zcw x u:tt.w •~ ~ :w zrs.h..aasm-:,r rmmew.aceaz«c. a~ar.~xscxuwrxwrux:.~;au .. axua-.ewsva .as.~:~ rz~~a.^zrzwis„-asFe:::xz~izxaruurc r'rs~„rec„ax~.
3~~Symbol/CUSIP ~ Securit Descri tion ~~~Quantit~ Price ($) ~ Market Value ($)
Y~
~BDPS ~MORGAN ~" ~~~~...~_,~~ •~ 90 00
~~ ~ STANLEY BANK N.A. 5,530.25 1.00 ~. -x._ 5,530.
25
1'AHMI
Q ~AME HOME MORTG I~~CORP~~ 50 0~.~, 0.02"~~~~"
N '
.. fAkL'"!5. Y.MaYkxSiJMRY'/.P5~1s".":: ~1D6YSX0d.Y':~..6fSfZ:rfi~TC~'/. 4':&".CDL6'..x'"SXR~t¢,^~ ,~,' ~>9::lKRa'w':6W4YCRk(dJS:Cf~•ht~ MRYHf~2T! mow; ti ~ ~.YJ:rS.bkClf%h«fP.2M%?l.'L:ff~'~f:.:Sf
~ EVV EATON VANCE LTD DURATION FD ~ 535 00~ 16 71~ 8,939.85
~~JPM I ~JPMORGAN CHASE 8.625% SER J 200.00 26 41" 5 282.00
w~ ~ a
~~,„~,;,, ..ru za.;a:u:xsa n;,:ammx:- :arar rsmsr" - :aza .•suuczac: rvzmcnxa::-msmsaesr:.vazsce w^mavsew.xarxusaws~:,sns:~:.zurrsz.<>.~n:rern,~i~,-.s~:mn~:~axra:;ve;.. m:~:me::zzxrmsrrsrarrz~ .:¢ra•~ .ezv::~ xssa..srrwxrcyav. wxra:~i.:aw.x, z..z
~NFJ ~NFJ DIVIDEND INT & PRE STRGY 200.00 17 30. ~ 3,460.00
~~~ ~~
-. -<ww,<::,x..,o:..e:::.~~„~„,~,~,,,.,.,:..,,x~.~:xeattwexzazew~aa.:u::axerz:.;tt:n.:a~xxuax>arwmeew*ssr~nxasxc,~rz-E;tta:xmcunx~aazawcu..n,:"i.~.smsua,:eras.v.:~xr::srzr<arucruczecnnwzaz~:ac<~xa..s.~au::~uctsax.:w.- rc.~ xeasx~wssar~-•zaxamrr..au,~e:o;.`
~JQC NUVEEN CREDIT STRAT INC FD ~ 600.00 9.40' 5,640.00
~ ~EHI WESTERN~~ASS GLOBAL HIGH FD ~~~" 1,307.31 u~x~ 13 78~•~~~M ~ 014 73
~~~ ...
~CWGCX gAMERICAN CAP WRLD GR & INC C 242 35.18) 8,534.67
47G"~rX/.ai. _
.:~/.Trt: :935f~oa;,."#L::L'RC. k6'~L»4s..acl::Y.:x:C.'~ C: »z~Ri.Yx( C0.'LSF:YA[!.9 ~~~Y+%~FG TAi..NLR:~G".c~~ Ea)Yl:LCG35.'ukiJtA)RHi~" " 3 ~~CFRE:.^.34i3:.ZX•taG4~:'JY9..TP~~B:: Yd4459Y.CY.~,^,ZY5:4fY..WA"C.:1A:
MIGFX ~MFS INVESTORS GROWTH STK A 578.08 17.48 10,104.84
~,
~rhruwxvcroswr>ssrc»,wr uzwes~!• ~mw:zr~a:xrr.:~:eras;:resruaz:zsxrw~znx~msrsrx~rrsuxaa;-s:::.vzttm"a~~z~•cxttarx"zc,e~~zu~<caw;:xrc<~„~rixo-uasvx~z;S3•srn ~ ". ,axyaa-azr.~s>m~`~...~:nzze::rer~u~.;crwrx:xz.•~zecxs:~rs~,
~ ,PTTC~~~~PhOTAL RETURN C 2,287.7211.38 26,034.25
w
PUBCX PIMCO UNCONSTRAINED BD C 1,806.25: 11.46 20,699.63.
....,~ .~~ ~ ~ --_ ~~~~~~sc~.,~;
~MER.M 06/15/2062 100.00- 24.91 ~ 2,491.00
'~•~ z s ,~.csr ~amsusrcauczrareeavFaa<amxazcevF,•zra~,s~i~zxcrrs.«vazea~- ..azuom~- w....,wres:,aur, axr ~~,rw,. ~aasz~oxaru.¢ xv"~~ wnw.> w+x .~r.~.~:scMxxu:xx~o~,w~xa~aea.•~wwaar.~e~•a..
~ ~ TOTAL ~ $114,828.72.
~:iN/i.4 u.~ .L/FS:K'~.PO/F6FA4F4~aiN""[!"."O.xY1rM~4""~'•dba5#4#Y.AC'HCSDbYaGA" ...%Wf(Blh'R:RwiL::LRY"~F.RYf~F'W.':YrF.^'~F`.5.'C",'L.k6i~KCG9RetA.:icy/F::`RS+[~itlizKSY.Y-:1~i.4F~~XMwY~J1%SCOY~ :GfXiA"BS'6i'Xrt4'SYFXC/.^.wZ:m¢:iDZ~C~'C"FCYlFX9~'/iC,ro~VF:59Yh~Ti[G."^JXWYCJi~'~ .LZL24'41Y/J..'..
Unless otherwise indicated, this information is not intended to be a substitute for the official account statements that
You receive from Us. This information is approximate and subject to adjustment, updating and correction and is for
illustrative and general reference purposes only. We are not responsible for any clerical, computational or other
inaccuracies, errors or omissions. We obtain market values and other data from various standard quotation services and
other sources, which We believe to be reliable. However, We do not warrant or guarantee the accuracy or completeness
of any such information. The values that You actually receive in the market for any investment may be higher or lower
than the values reflected herein. To the extent there are any discrepancies between Your official account statement and
this information, You should rely on the official account statement. This information should not be considered as the sole
basis for any investment decision. The Bank Deposit Program (BDP) is a cash sweep feature whereby free credit balances
are automatically deposited into deposit accounts established for clients by Morgan Stanley Smith Barney at two banks:
Morgan Stanley Bank, N.A. and Morgan Stanley Private Bank, National Association (the Banks). Morgan Stanley Smith
Barney is a registered broker-dealer, not a bank. Unless specifically disclosed in writing, investments and services offered
through Morgan Stanley Smith Barney are not insured by the FDIC, are not deposits or other obligations of, or
guaranteed by, the Banks and involve investment risks, including possible loss of principal amount invested.
I~~i~
Karen Noel
From: Wolfgang, Raymond <rolfgang@jhnetwork.com>
Sent: Thursday, September 13, 2012 2:17 PM
To: Karen Noel
Subject: RE: Kathryn Fishel Estate
Hi Karen,
Here are the date of death values for the accounts on Kathryn:
DWS Scudder investments, 00426400281, $14,840.18 Y~ ~'-
DWS Scudder Investments, 00005097760. $36,655.62 1 Y`' ~-
Putnam Investments, 00427792274, $ 16,411.44 ~- ~~~
John Hancock Funds, 00004128487, $30,223.19 I ~ s .
American Funds, 00059801908, $ 7,222.22 - ~rvS~
If you need anything further, please let us know.
Raymond F. Wolfgang Jr.
2431 N. 2nd Street
Harrisburg, PA 17110
O- (717) 234-7607
F- (717) 234-7560
C- (717) 982-2022
Offering John Hancock Products, Registered Representative/Securities offered through Signator Investors, Inc. Member
FINRA, SIPC.
1624 Hausman Road
Allentown, PA 18104
(610) 530-2112
(800) 811-5400
From: Karen Noel [KNoel@irwinmcknight.com]
Sent: Thursday, September 06, 2012 2:35 PM
To: Wolfgang, Raymond
Subject: Kathryn Fishel Estate
Per our conversation this afternoon, please forward date of death valuations for all accounts held in the Kathryn W.
Fishel Trust.
If you have any questions, please do not hesitate to give me a call. Thank you.
Karen Noel
Irwin & McKnight, P.C.
60 West Pomfret Street
Carlisle; PA 17013
tel: (717) 249-2353