HomeMy WebLinkAbout04-1052 CUMBERI~AND
Register of Wills of / County, Pennsylvania
PETITION FOR GRANT OF LETTERS
Estate of
also known as
P. JOSEPH McGRATH
PATRICK J. McGRATH, a/k/a
JOSEPH MCGRATH ,Deceased
Social Security No. 098-03-7292
(COMPLETE "A" OR "8" BELOW:)
A, Probate and Grant of Letters and aver that Petitioner(s) is/are the execut rix named in the Last Will of the
Decedent, dated 12-28-1990 and codicil(s) dated
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the documents offered
for probate; was not the victim of a killing and was never adjudicated incompetent:
B. Grant of Letters of Administration
Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse
(if any) and heirs:
(COMPLETE IN ALL CASES:) Attach additional ~ heats if necessary.
Decedent was domiciled at death in Cumberland
residence at 229 Wood Street, Camp Hill,
Residence
County, PennsylvaniA, with his/her last family or principal
Hampden Township. PA 17011
Decedent, then 85 years of age, died October 24, ,2004. at Chandler Hall Hospicer
Newtown ,Lo=,~o.~, PA
Decedent at death owned property with estimated values as follows:
(if not domiciled in PA) Personal property in Pennsylvania ...................... $
(If not domiciled in PA) Personal property in County ..........................
Value of real estate in Pennsylvania ............................................... $ /~--~
Total ..........................
Real Estate situated as follows: 229 Wood Street~ Camp Ell'i; ~ 1~]1~ $
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of letters in the
appropriate form to the undersigned:
I Signature Typed or printed name and residence
Ka~bryne ~[ ~pea~er, a.k.a.
Kacnryne ~oeaKer
32 Timber Knoll Drive
Oath of Personal Representative
Commonwealth of Pennsylvania
County of
The Petitioner{s) above-named swear(s) and affirm(s) that the statements in the foregoing Petition are true and
correct to the. best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent,
Petitioner(s) will well and truly administer the estate according to law.
Sworn to and affirmed and subscribed
before me this /--~'~ day of
DECREE OF REGISTER
also known as
Deceased No,
Social Security No: ('"~::~-Ck~-'1 ~-clT-- Date of Death:
AND NOW, ~ X~ , ~ O~ , in consideration of the Petition
on the reverse side hereon, satisfactory proof having been presented before me,
IT IS DECREED that Letters ~ Testamentary ~ of Administration
in the above estate and that the i~rument(s), if any, dated
described in the Petition be admitted to probate and filed of record as the last Will of Decedent.
FEES
Letters ...........................
Short Certificate(s) .......... $ ,_'~0.(~
Renunciation ..... $
Affidavit ( ) ................. $
Extra Pages (1~,) ............ $ ,~1-~-
Codicil ..........................$
JCP Fee ........................ $
Inventory & Tax Forms...
Other ............................
TOTAL ................ $~qq '00
Steven J. Schiffman
Attorney:.
I.D. No: 25488
Address: 2080 Linglestown Road, Suite
Harrisburg, PA 17110
Telephone: 71 7-540-91 70
DATE FILED: '~.- V'-I.-OL~
201
his is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as
Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee tbr this certificate. $2.00
P 10818194
SO.
Local Registrar
OCT 2 5 200~
Date
CERTIFICATE OF DEATH
Director ~. Army Depot
Thomas C. McGrath
Patrick
Joseph
McGrath
10-26-2004
WILL
I, P. JOSEPH McGRATH, a/k/a/ PATRICK J. McGRATH, a/k/a
JOSEPH McGRATH, of Cumberland County, Pennsylvania, make this my
Will, hereby revoking any and all wills and codicils heretofore made
by me.
ARTICLE I
Debts
Section 1.1. Payment. I direct that my debts~and the
expenses of my last illness and funeral be paid out of m~ estate as
soon as may be convenient after my death.
ARTICLE II
Tanqible Personal Property
Section 2.1. Gift. I bequeath all the tangible personal
property which I may own at the time of my death, together with any
policies of insurance thereon, to my wife, JEANNE M. McGRATH, if she
survives me by 30 days. In the event my wife fails to survive me by
such period, I bequeath to my children who survive me so much of
such property as each of them may select and in such shares, whether
equal or unequal, as they may determine. Any property not so
selected shall be sold and the proceeds added to my residuary
estate.
ARTICLE III
Residuary Estate; Creation and Disposition
of Residuary Trust
Section 3.1. Creation of Residuary Trust. If I am
survived by any one or more of my wife and issue, I devise and
bequeath all the rest, residue and remainder of my estate, real,
personal and mixed, wherever situate, to the Trustees appointed in
Section 5.1 to be held in a separate trust to be known as the
"Residuary Trust."
Section 3.2. Disposition of Trust Estate During Lif~
of My Wife. If my wife, JEANNE M. McGRATH, survives me, the
Trustees shall hold, administer and dispose of the trust estate of
the Residuary Trust as follows during the life of my wife:
(A) Distribution of Incom~. The Trustees shall
quarter-annually distribute the income of the Residuary Trust to, or
expend the same for the benefit of, my wife. Any income of the
Residuary Trust on hand or accrued as of the date of the death of my
wife shall be distributed to the estate of my wife.
(B) Discretionary Distribution of Principal. The
Corporate Trustee may at any time and from time to time distribute
the whole or any part of the principal of the Residuary Trust to, or
expend the same for the benefit of, my wife all as the Corporate
Trustee may determine, considering other resources available to my
- 2 -
wife, to provide for her health and support in the manner of living
to which she was accustomed at the time of my death.
Section 3.3. Disposition of Trust Estate After Death
of mv Wife. If my wife survives me, after the death of my wife,
upon my death should my wife predecease me, the Trustees shall
distribute the trust estate of the Residuary Trust as follows:
or
(A) If my son, ROBERT J. McGRATH, is then living, the
Trustees shall create a separate trust to be known as the "Robert J.
McGrath Trust" and shall distribute thereto one-half (1/2) of the
trust estate of the Residuary Trust, to be held, administered and
disposed of in accordance with the provisions of Section 3.4;
(B) If my son is not then living, the Trustees shall
distribute the lesser of one-sixth of the trust estate of the
Residuary Trust or Two Thousand Dollars ($2,000) to my son's issue
then living, per stirpes; and
(C) The Trustees shall distribute the remainder of the
trust estate of the Residuary Trust to my daughter, KATHRYNE S.
SPEAKER, a/k/a KATHRYNE M. SPEAKER, if then living, or, if my
daughter is not then living, to my daughter's issue then living, per
stirpes, or, if there shall be no such issue then living, to Good
Shepherd Church, of Camp Hill, Pennsylvania.
- 3 -
Section 3.4. Robert J. McGrath Trust.
(A) A licabilit . The provisions of this Section shall
be applicable to the Robert J. McGrath Trust, but for convenience it
is hereinafter referred to as the "Trust".
(B) Distribution of Income. The Trustees shall
quarter-annually distribute the income of the Trust to, or expend
the same for the benefit of, my son for life or until the earlier
termination of the Trust.
(C) Discretionary Distribution of Principal. The
Corporate Trustee may at any time and from time to time distribute
the whole or any part of the principal of the Trust to, or expend
the same for the benefit of, my son, all as the Corporate Trustee
may determine, considering other resources available to my son, to
provide for the health, maintenance and support of my son or to
assist my son to purchase a home. In the event the trust estate of
the Trust becomes insufficient in the opinion of the Corporate
Trustee to warrant the continuance of the Trust, the Corporate
Trustee may distribute the entire trust estate thereof to my son and
in that event the Trust shall terminate.
(D) Distribution After Death of Son. Unless sooner
terminated by distribution or expenditure of the entire trust estate
thereof in accordance with the prior provisions of this Section, the
Trust shall terminate upon the death of my son. The Trustees shall
distribute the trust estate of the Trust (including any income of
- 4 -
the Trust on hand or accrued as of the date of the death of my son)
to my daughter, KATHRYNE S. SPEAKER, if then living, or, if my
daughter is not then living, to my daughter's issue then living, per
stirpes, or, if there shall be no such issue then living, to Good
Shepherd Church, of Camp Hill, Pennsylvania.
Section 3.5. Deferral of Distribution to Minors.
(A) Se arate Funds. If any beneficiary entitled to
receive a distribution of property of my estate or of any trust
created under this Will (whether by reason of any mandatory
provision of this Will or any exercise of discretion by the
Corporate Trustee or otherwise) shall be a minor, such property may
in the discretion of my Executor or the Corporate Trustee, as the
case may be, be distributed to him or her or be distributed to the
Trustees to be held in a separate fund until the beneficiary attains
majority, at which time the then trust estate of the fund shall be
distributed to the beneficiary outright. During the continuance of
the fund, the Corporate Trustee may at any time and from time to
time distribute the whole or any part of the income or principal of
the fund to, or expend the same for the benefit of, the beneficiary,
or may accumulate the whole or any part of the income, all as the
Corporate Trustee may determine to provide for the health, education
(including preparatory, college and graduate education) and support
of such beneficiary.
(B) Death of Beneficiary. Upon the death of a
beneficiary of a separate fund prior to the distribution or
- 5 -
expenditure of the entire trust estate thereof, the fund shall
terminate. The Trustees shall distribute the trust estate of such
fund to the issue then living of such beneficiary, per stirpes, or,
if there shall be no issue then living, to the issue then living of
the beneficiary's parent who is an issue of mine, per stirpes, or,
if there shall be no issue then living, to Good Shepherd Church, of
Camp Hill, Pennsylvania.
Section 3.6. Distribution In Other Events. In the event
that at any particular time the whole or any part of my residuary
estate or of the trust estate of any trust or fund created under
this Article shall not be distributable in accordance with the prior
provisions hereof, such property shall be distributed one-half to
the persons and in the proportions determined under the intestate
laws of Pennsylvania then in force with like effect as if I had died
at such time, intestate, unmarried, domiciled in Pennsylvania and
owning outright such property and no other property and one-half to
the persons and in the proportions determined under the intestate
laws of Pennsylvania then in force with like effect as if my wife
had died at such time intestate, unmarried, domiciled in
Pennsylvania and owning outright such property and no other
property.
ARTICLE I~V
Miscgllaneous
Section 4.1. Nonalien___atio~. The income and principal of
- 6 -
any trust or fund as shall or may become distributable to any person
(whether the interest of such person be present or future, vested or
contingent, direct or indirect) in accordance with the provisions of
this Will shall not, until the actual distribution thereof to the
person entitled thereto, be subject to the debts, obligations,
liabilities or engagements of such person, or to execution,
attachment or other judicial process of whatsoever character and
howsoever termed, or be assignable voluntarily, involuntarily or by
operation of law or otherwise howsoever and the distribution thereof
shall not be anticipated. Nothing in this Section shall be
construed or deemed to curtail to any extent any power of
appointment provided for in this Will or any power, authority or
discretion given to or vested in the Corporate Trustee by the
provisions of this Will or by law to make distribution and
expenditure of income and principal of any trust or fund in
accordance with the provisions of this Will.
Section 4.2. Accumulated Incom~. In the event any income
of any fund created under Section 3.5 shall be accumulated, such
income may (but need not) be separately accounted for in an
accumulated income account. At any particular time with respect to
each such fund, the Corporate Trustee's power to dispose of income
under the provisions of this Will shall for all purposes include the
power to dispose of any accumulated income then on hand.
Section 4.3. Distributions for Minors. Where under the
provisions of this Will the Corporate Trustee is authorized to
distribute or expend the income or principal of any trust or fund
to, or for the benefit of, a person who is a minor, the Corporate
Trustee may distribute such income or principal directly to such
minor, to the person having custody of him or her, to the guardian
of his or her estate, to the guardian of his or her person or to a
custodian for such minor under any applicable Uniform Gifts to
Minors Act, whether previously appointed or appointed by the
Corporate Trustee for the purpose of receiving such distribution,
all without liability on the part of the Corporate Trustee to see to
the application thereof and without requiring bond or surety.
Section 4.4. Corporate Distributions. Corporate
distributions received in shares of the distributing corporation
shall be allocated to principal, regardless of the number of shares
and however described or designated by the distributing corporation.
Section 4.5. Ado ted Persons. A relationship by adoption
shall to the extent provided by Pennsylvania law be treated the same
for all purposes as a relationship by the whole blood.
Section 4.6. Definitions. The following terms as used in
this Will shall, unless the context shall clearly indicate
otherwise, have the following respective meanings:
(A) Death Taxes. "Death Taxes" shall mean all federal
estate taxes and all local, state and foreign estate, inheritance,
transfer, legacy, succession and similar taxes which by reason of my
- 8 -
death may be properly imposed upon, applicable to or payable with
respect to any property or interest in property which may be
included as part of my estate for the purposes of such taxes, or any
one or more of them, including any property that may not be a part
of my estate for administration purposes, and any interest and
penalties thereon, but "Death Taxes" shall not include any of such
taxes attributable to property over which I may have a power of
appointment, which power was given by someone other than me, or any
interest or penalties thereon. "Death Tax" shall mean any one of
such taxes.
(B) Issue. The term "issue" shall mean lineal
descendants of any degree of the ancestor designated.
(C) Maioritv and Minor. The term "majority" shall mean
the age of twenty-one years. The term "minor" shall mean a person
who has not attained majority.
(D) Trust Estate. The term "trust estate" at any
particular time with respect to any trust or fund created under this
Will shall mean the properties at such time constituting the
principal, accumulated income and income of such trust or fund.
Section 4.7. Number and Gender. Whenever used in this
Will the singular shall include the plural, the plural shall include
the singular and the use of any gender shall be applicable to any
other gender or to all genders.
- 9 -
Section 4.8. Governing Law. Each trust and fund created
under this Will shall be administered and construed in all respects
in accordance with the laws of Pennsylvania.
ARTICLE V
Appointment of Fiduciaries
Section 5.1. Trustees.
(A) Initial Appointment. I appoint my daughter, KATHRYNE
S. SPEAKER, and CUMBERLAND COUNTY NATIONAL BANK as the initial
Trustees of each trust and fund created under this Will. Each trust
and fund created under this Will shall be administered by the same
Trustee, at least one of whom shall at all times be a Corporate
Trustee.
(B) No Successor Individual Truste~. My daughter may
resign as an Individual trustee at any time by an instrument in
writing signed by my daughter and delivered to the Corporate
Trustee. In the event of any such resignation or in the event of
the inability of my daughter to continue to serve as a Trustee, no
successor shall be appointed and the Corporate Trustee shall
thereafter serve as sole Trustee.
(C) CorDorate Trustee: Resianation and Succession. The
Corporate Trustee may resign at any time by petitioning a court of
competent jurisdiction to appoint a successor Corporate Trustee
which shall be an association or corporation (located within or
- 10 -
without Pennsylvania) duly authorized to administer each trust and
fund created under this Will. In case of the merger or
consolidation of the Corporate Trustee, the resulting company shall
become successor Corporate Trustee hereunder without notice to any
party.
(D) Compensation. The Corporate Trustee shall be
entitled to receive annually compensation for its services hereunder
in accordance with its schedule of compensation currently in effect
when its services are performed. The Individual Trustee may (but
need not) receive reasonable compensation for services as a Trustee
hereunder. The compensation of the Trustees, separately and in the
aggregate, shall not exceed that which a court of competent
jurisdiction would approve.
(E) Division and Delegation of Dutiem. The Corporate
Trustee shall perform all ministerial and administrative duties,
including the keeping of books and records, acting as custodian of
the trust property and preparing all necessary tax returns. The
Individual Trustee shall have full power and authority to delegate
from time to time to the Corporate Trustee by an instrument in
writing any or all of the Individual Trustee's rights, powers and
duties hereunder, to the end and purpose that the Corporate Trustee
may be entitled to act in all respects for both of such Trustees
during the term of the delegation.
- 11 -
(F) Removal of Cormorate Truste~. The Individual Trustee
shall have the right at any time to remove the Corporate Trustee and
substitute therefor another Corporate Trustee, which shall be an
association or corporation (whether located within or without
Pennsylvania) duly authorized to ad-minister each trust and fund
created under this Will. Any such removal shall be accomplished by
a writing signed by the Individual Trustee in two counterparts, of
which one shall be delivered to the Corporate Trustee to be removed
and the other shall be retained by the Individual Trustee, and shall
be effective upon the appointment and q~alification of the successor
Corporate Trustee. Each appointment of a successor Corporate
Trustee shall be effected by a writing signed by the individual
Trustee and endorsed with the acceptance of the successor Corporate
Trustee.
Section 5.2. Executor. I hereby appoint my daughter,
KATHRYNE S. SPEAKER, as Executor of this Will. In the event of the
inability or unwillingness of my daughter to serve or to continue to
serve as such Executor, I appoint CUMBERLAND COUNTY NATIONAL BANK as
successor Executor.
Section 5.3. Guardian of Estate. I appoint CUMBERLAND
COUNTY NATIONAL BANK guardian of the estate of any minor receiving
any property free of trust by reason of my death, if such property
is in excess of the amount which may be paid to the minor or the
person maintaining the minor. The guardian holding property
hereunder may distribute the whole or any part of the income and
- 12 -
principal thereof to, or expend the same for the benefit of, the
minor, or may accumulate the whole or any part of the income, all
without liability on the part of the guardian to see to the
application thereof and without requiring bond or surety.
Section 5.4. Bond and Surety Excused. No bond shall be
required in any jurisdiction of any Executor, Trustee or other
fiduciary serving under this Will (whether or not named herein),
including any administrator c.t.a, or ancillary administrator
appointed to administer my estate or, if a bond is required by law,
no surety on such bond shall be required.
ARTICLE VI
Powers of Fiduciaries
Section 6.1. A licabilit . The provisions of this
Article VI shall be applicable (unless the context clearly requires
otherwise) to the administration and management of my estate and
each fiduciary account created under this Will, and the terms
"Fiduciary', or "Fiduciaries,, shall mean whichever of my Executor,
Trustees or other fiduciaries, and the term "trust estate" shall
mean whichever of my estate or such other fiduciary accounts, the
provisions of this Article VI are being applied to at the particular
time.
- 13 -
Section 6.2. Powers and Limitations.
(A) Administrative Powerm. In the administration and
management of my estate and any fiduciary account created under this
Will and in the management, investment and reinvestment of the trust
estate thereof, my Fiduciaries shall have and may exercise (subject
to any other provision of this Will limiting or qualifying in any
way any power, authority or discretion of my Fiduciaries) full
power, authority and discretion without the necessity of obtaining
the order of any court to do all acts, to execute, acknowledge and
deliver all writings and to exercise for the benefit of all persons
who may be or become beneficiaries under the provisions of this Will
any and all powers, authorities and discretions given to or vested
in such Fiduciaries by the provisions of this Will or by law. By
way of illustration but not limitation, my Fiduciaries shall have
and may exercise the following powers: to retain property in the
form and character in which the same shall be received, including
the securities of any Corporate Fiduciary, without obligation to
diversify the same and without liability for any decline in the
value thereof; to invest and reinvest in any kind of property, real,
personal or mixed, or undivided or part interests therein, all
statutory and other limitations as to the investment of funds, now
or hereafter enacted or in force, being hereby waived; to borrow
money and to pledge all or any part of the assets of the trust
estate to secure such borrowing; to sell, pledge, exchange, mortgage
or lease for any term whatever any real or personal property; to
carry securities in the name of a nominee, including a clearing
corporation or depository or in book entry form or unregistered or
- 14 -
in such other form as will pass by delivery; to vote securities in
person or by proxy, except that the shares of any Corporate
Fiduciary shall be voted only as directed by the Individual
Fiduciary or, in the event there shall be no Individual Fiduciary
then serving, by an adult beneficiary of income of the trust estate
in which the shares are held; to distribute, without the necessity
of filing a judicial accounting or obtaining judicial approval, the
whole or any part of the trust estate upon the receipt and release
of the beneficiary entitled to receive such distribution, in which
event such Fiduciaries shall be relieved of all further liability
with respect to the property so distributed with like effect as if
such distribution had been made pursuant to an order of court; and
to make any distribution or division of the trust estate either in
cash or in kind, or partly in cash and partly in kind and to allot
different kinds of, or interests in, property to different shares,
all as the Fiduciaries shall determine to be equitable to effect
such distribution or division. As used in this Section 6.2,
references to the securities of any Corporate Fiduciary shall be
deemed to refer also to the securities of any corporation which has
control of, or is affiliated with, such Corporate Fiduciary.
(B) General Limitations. Ail powers, authorities and
discretions given to or vested in my Fiduciaries by the provisions
of this Will or by law shall be exercisable by my Fiduciaries only
in a fiduciary capacity.
Section 6.3. Exercise of Discretionary Powers. Each and
- 15 -
every power, authority and discretion given to or vested in my
Fiduciaries or a class of Fiduciaries by the provisions of this Will
or by law, whatever may be the nature or extent thereof, shall be
freely exercisable by my Fiduciaries or class at any time and from
time to time in their sole and absolute discretion, as they alone
shall determine. Each exercise thereof shall not be open to
question in any manner whatsoever by, and shall be binding upon,
each person having an interest in the trust estate. No Fiduciary
shall incur any personal liability of any character whatsoever by
reason of any matter or thing of whatsoever nature which may occur
in connection with the administration of the trust estate, save only
liability arising from gross negligence or willful default.
Taxes
Section 7.1. Payment of Death Taxes. I direct that all
Death Taxes shall be paid from my residuary estate passing under
Article III of this Will or, to the extent determined by my
Executor, by the Trustees from property (if any) distributable
directly to the Trustees; provided, however, that the payment
thereof shall not be made from any property which is not includible
in my estate for the purposes of one or more of such Death Taxes and
which would be so includible if used for such payment.
Section 7.2. Joint Returns Election. I authorize my
Executor to join with my wife or her personal representative in the
- 16 -
filing of a joint income tax return for any period for which such a
return may be permitted, without requiring her or her estate to
indemnify my estate against liability for the tax attributable to
her income, and to consent for federal gift tax purposes to having
gifts made by my wife during my lifetime treated as having been made
one-half by my wife and one-half by me.
this
IN WITNESS WHEREOF,
day of ~, 1990.
I have hereunto set my hand and seal
~. ~O.~EPH McGRATH
(SEAL)
SIGNED, SEALED, PUBLISHED and DECLARED by the above-
named Testator, P. JOSEPH McGRATH, as and for his Will, in the
presence of us who, at his request, in his presence and in the
presence of each other, have hereunto subscribed our names as
witnesses.
- 17
COMMONWEALTH OF PENNSYLVANIA )
)
COUNTY OF CUMBERLAND )
SS:
T~sta~ ~ . -- res ect~ ....
~or and the witnesses, p ely, whose names are signed to
the foregoing Will, being first duly sworn according to law, do
depose and say that the Testator signed and executed the foregoing
instrument as his last Will, that he signed willingly, that he
executed it as his free and voluntary act for the purposes therein
expressed, that each of the witnesses, in the presence and hearing
of the Testator, signed the Will as witnesses and that to the best
of the knowledge of each the Testator was at that time eighteen
years of age or older, of sound mind and under no constraint or
undue influence.
0'~ ~;~estator)
~~ (Witness)
~, ~ 5Witness)
,~/;~ ~~itness)
SUBSCRIBED, sworn to and acknowledged before me by
P. JOSEPH McGRATH, the Testator, and subscribed and sworn to before
me by ~p/~/~ ._~, ~~, _~~ ~, ~ .and
- 18 -
My Commission Expires:
NOTARIAL SEAL
JOANN D. SPEAKER. NOTARY PUBLIC
CARLISLE BORO., CUMBERLAND COUNTY
MY COMMISSION EXPIRES APRIL 24, 1993
[Notarial Seal]
- 19 -
CERTIFICATION OF NOTICE UNDER RULE 5.6(a)
Name of Decedent: P. Joseph McGrath, a.k.a. Patrick J. McGrath, a.k.a. Joseph McGrath
Date of Death:
10-24-2004
Will No. 2004-01052 Admin. No.
To the Register:
I certify that notice of estate administration required by Rt)le 5.6(a) of the Orphans' Court
Rules was served on or mailed to the following on /17-_ -/m0 ~7~ at the below listed addresses:
Name Address
Kathrvne M. Speaker, 32 Timber Knoll Drive, Washington Crossing, PA 18977
Robert J. McGrath
c/o PNC Bank, Trustee, Attn: Mr. Dave Brown, 4242 Carlisle Pike, Camp Hill, PA 17011
Date:
Notice has now been give to all persons entitled thereto under Rule 5.6(a) except: __
rlfa
J 5S~gnamam~ ~-/~' ~ %
Steve,,,,J. Si~I~man, Esq.
Name
2080 Linglestown Rd., Suite 201
Harrisburg, PA 17110
Address
(717)540-9170
Telephone No.
Capacity: __ Personal Representative
X Counsel for Personal Rep.
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU QF INDIVIDUAL TAXES
DEPT. 280601
HARRISBURG, PA 17128-0601
RECEIVED FROM:
PENNSYLVANIA
INHERITANCE AND ESTATE TAX
OFFICIAL RECEIPT
NO.
REV-1162 EX(11-96)
CD 004833
SPEAKER KATHRYNE S A/K/A
32 TIMBER KNOLL DRIVE
WASHINGTON CROSSING, PA
18977
........ fold
ESTATE INFORMATION: SSN: 098-03-7292
FILE NUMBER: 2104- 1052
DECEDENT NAME: MCGRATH P JOSEPH
DATE OF PAYMENT: 01 / 12/2005
01 / 12/20
POSTMARK DATE:
COUNTY: CUMBERLAND
DATE OF DEATH: 10/24/2004
REMARKS:
ACN
ASSESSMENT
CONTROL
NUMBER
AMOUNT
101 $17,000.00
TOTAL AMOUNT PAID:
~ 17,000.00
SEAL
CHECK#2007
INITIALS: MW
RECEIVED BY:
GLENDA FARNER STRASBAUGH
REGISTER OF WILLS
REGISTER OF WILLS
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
DEPT. 280601
HARRISBURG, PA 17128-0601
RECEIVED FROM:
SPEAKER KATHRYNE S A/K/A
32 TIMBER KNOLL DRIVE
WASHINGTON CROSSING, PA
fold
PENNSYLVANIA
INHERITANCE AND ESTATE TAX
OFFICIAL RECEIPT
18977
DUPLICATE
ESTATE INFORMATION: SSN: 098-03-7292
FILE NUMBER: 2104- 1052
DECEDENT NAME: MCGRATH P JOSEPH
DATE OF PAYMENT: 01/1 2/2005
POSTMARK DATE: 01/1 2/2005
COUNTY: CUMBERLAND
DATE OF DEATH: 10/24/2004
TOTAL AMOUNT PAID:
ACN
ASSESSMENT
CONTROL
NUMBER
REV-1162 EX(11-96)
NO. CD 004833
AMOUNT
101 $17,000.00
7,000.00
REMARKS:
SEAL
CHECK# 2007
INITIALS' MW
RECEIVED BY:
GLENDA FARNER STRASBAUGH
REGISTER OF WILLS
REGISTER OF WILLS
COMMONWEALTH OF
PENNSYLVANIA
DEPARTMENT OF REVENUE
DEPT. 280601
HARRISBURG. PA 17128-0601
(lnrD
REV -1500
INHERITANCE TAX RETURN
RESIDENT DECEDENT
---94- 1052 ___
YEAR NUMBER
REV-1500 EX (6-00)
OFFIClAL USE ONLY
FilE NUMBER
~L
COUNTY CODE
....
Z
W
C
w
U
w
C
DECEDENTS NAME (LAST, FIRST, AND MIDDLE INITIAL)
McGrath P. Jose h
DATE OF DEATH (MM-DD.YEAR) DATE OF BIRTH (MM-DD-YEAR)
10/24/2004 3/16/1919
(IF APPLICABLE) SURVIVING SPOUSE'S NAME (LAST. FIRST, AND MIDDLE INITIAL)
REGISTER OF WILLS
SOCtAL SECURITY NUMBER
SOCIAL SECURllY NUMBER
098-03-7292
THIS RETURN MUST BE FIL.ED IN DUFLICATE WITH THE
w
>-
::.:::~(/)
u"''''
w"-u
",00
u"''''
"-'"
"-
<(
[Xl>.
D.
06
09
Original Return
Limited Estate
D 2. Supplemental Return D 3. Remainder Return (dale of death prior 10 12-13-82)
D 4a, Future Interest Compromise (date of death after 12-12-82) D 5. Federal Estate Tax Return Required
D 7. Decedent Maintained a living Trust (Attach copy ofTrust) Q......... a. Total Number of Safe Deposit Boxes
[] 10. Spousal Poverty Credit (dale of doath between 12.31-91 and 1-1.95) [] 11. Election to tax under Sec. 9113(A){AttachSch 0)
Decedent Died Testate (Attach copy of Will)
litigation Proceeds Received
~
z
w
"
z
"
"-
"'
w
"'
"'
"
"
THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO:
NAME COMPLETE MAILING ADDRESS
Steven J. Schiffman 2080 Linglestown Road, Suite 201
FIRM NAME (If Applicable)
SERRATELLI, SCHIFFMAN, ET AL.
TELEPHONE NUMBER
Harrisburg, PA 17110
717-540-9170
1. Real Estate (Schedule A)
170,000
5,160
o
o
2. Stocks and Bonds (Schedule B)
(1)
(2)
OFfiCIAL USE ONLY
z
o
1=
<l:
...J
::J
....
a::
<l:
U
w
Q:
3. Closely Held Corporation, Partnership or Sole-Proprietorship (3)
.. Mortgages & Notes Receivable (Schedule D) (')
5. Cash, Bank Deposits & Miscellaneous Persona! Property
(Schedule E) IS)
6. Jointly Oooed Property (Schedule F) (6)
D Separate Billing Requested
7 InterNivos Transfers & Miscellaneous Non-Probate Property (7)
(Schedule G orL)
8. Total Gross Assets (total Lines 1-7)
431,943
26,831
175,569
54,383
9. Funeral Expenses & Administrative Costs (Schedule H)
(9)
10. Debts of Decedent, Mortgage liabilities, & Liens (Schedule I) (10)
11. Total Deductions (total Lines 9 & 10)
23,002
408,941
o
12. Net Value of Estate (Line 8 minus Line 11l
13. Charitable and Governmental Bequests/See 9113 Trusts forv.tlich an election to tax has not been
made (Schedule J)
14. Net Value Subject to Tax (Line 12 minus Line 13)
SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES
15. Amount of Line 14 taxable at the spousal tax 0
z rate, or transfers under Sec. 9116 (a){1.2)
0
;:: 16. Amount of Line 14 taxable at lineal rate 408,941
<(
>-
::> 0
"- 17. Amount of Line 14 taxable at sibling rate
"
0 0
u 18. Amount of Line 14 taxable at collateral rate
X
<( T ax Due
>- 19.
408,941
, .0 ~(15)
, .0 45 (16)
x .12 (17)
x .15 (18)
(19)
o
18,402
o
o
18,402
'xl
20. L.::.J
CHECK HERE IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT
> > BE SURE TO ANSWER ALL QUESTIONS ON REVERSE SIDE AND RECHECK MATH < <
3W46451.000
\)
Estate of P. Joseph McGrath
Executors
Name
Address
Tax 10
098-03-7292
(Page 1)
Kathryn M. Speaker
32 Timber Knoll Drive
Washington Crossing, PA 18977-
166-46-2704
Decedent's Complete Address:
STREET ADDRESS
229 Wood Street
Cumberland
CITY I STATE j ZIP
Carno Hill PA 17011-
Tax Payments and Credits:
1. Tax Due (Page 1 Line 19)
2. Credits/Payments
A. Spousal Poverty Credit
B. Prior Payments
C. Discount
(1)
18,402
o
17,000
895
3. Interest/Penalty if applicable
D. Interest
E. Penalty
Total Credits (A + B + C) (2)
17,895
o
o
Total Interest/Penalty (D + E) (3)
o
4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT.
Check box on Page 1 line 20 to request a refund
(4)
o
5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE.
(5)
507
A. Enter the interest on the tax due.
(5A)
o
B. Enter the total of Line 5 + 5A.
(5B)
507
AGENT
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS
1. Did decedent make a transfer and:
a. retain the use or income of the property transferred;. . . . . . . . . . . . . . .
b. retain the right to designate who shall use the property transferred or its income; .
c. retain a reversionary interest; or . . . . . . . . . . . . . . . . . . . . . . . .
d. receive the promise for life of either payments, benefits or care? . . . . . . . . .
2. If death occurred after December 12, 1982, did decedent transfer property within one year of death
without receiving adequate consideration? , . , . . , . . . . , . . . . . . . . . . . , . . . .. IX]
3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? D
4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which
contains a beneficiary designation? . , . . . . . . , . , , , , . . , . , . , . , . . . . , , , .. [X] D
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN.
Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct
and complete
Dectaration of pre parer other than the parsonal representatiwisbasad on all infonnation of which pra pararhasanyknowJedge
Yes
No
o
o
o
o
Q]
Q]
Q]
Q]
D
og
DATE
t..t"Z.Lt.
-
Washington Crossing, PA 18977
DATE
For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to Of for the use of the surviving spouse is 3%
172 P.S'8 9916 101 (1.1HI].
For dates of death on or after January 1, 1995, the tax rate impOSed on the net value of transfers to or for the use of the surviving spouse is 0% [72 P.S. 99116 (a) (1.1) (ii))
The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if
the surviving spouse is tile only beneficiary.
For dates of death on or after July 1,2000:
The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent, an adoptive parent,
or a stepparent of the child is 0% [72 P.S. 99116{a)(1.2)].
The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5%, except as noted in 72 P.S. 99116(1.2) [72 P,S. 99116(a)(1)j.
The tax fate imposed on the net value of transfers to or for the use of the decedent's siblings is 12% (72 P.S. 9 9116(a)(1.3)]. A sibling is defined, under Section 9102, as an
mdlvidual who has alleast one parent in common with the decedent, whether by blood or adoption.
3W46461 000
REV-1502EX+ (6-9B)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE A
REAL ESTATE
ESTATE OF
FILE NUMBER
P. Joseph McGrath
21 04 1052
All real property owned solely or as a tenant in common must be reported at fair market value. Fair market value is defined as the price at wtlich property would be
exchanged between a willing buyer and a willing seller, neither being compelled to buy or sell, both having reasonable knO'Nledge of the relevant facts.
Real property which is jointly.owned wIth right ofsurvivorshlp must be disclosed on Schedule F.
ITEM DESCRIPTION
NUMBER
1. 229 Wood Street
Camp Hill, PA 17011
(See Attached Appraisal)
VALUE AT DATE
OF DEATH
170,000
3W46951.000
TOTAL (Also enter on line 1, Recapitulation)
(If more space is needed, insert additional sheets of the same size)
$
170,000
George R. Ulsh
4099 Derry Street
Harrisburg
01/06105
Client: McGrath Estate clo Steven Schiffman
2080 Linglestown Road, Suite 201, Harrisburg, PA 17011
Re: Property:
Borrower:
File No.:
229 Wood Street
Camp Hill, PA 17011
Client McGrath
McGrath
In accordance with your request, we have appraised the above referenced property. The report of that appraisal is
attached.
The purpose of this appraisal is to estimate the market value of the property described in this appraisal report, as
improved, in unencumbered fee simple '!iUe of ownership.
This report is based on a physical analysis of the site and improvements, a locational analysis of the neighborhood and
city, and an economic analysis of the market for properties such as the SUbject. The appraisal was developed and the
report was prepared in accordance with the Uniform Standards of Professional Appraisal Practice.
The value conclusions reported are as of the effective date stated in the body of the report and contingent upon the
certification and limiting conditions attached.
It has been a pleasure to assist you. Please do not hesitate to contact me or any of my staff if we can be of additional
service to you.
Sincerely,
~ I<.~
G~
RL 000409 l
R & L Appraisal Asssoicates
SUMMARY OF SALIENT FEATURES
SubjBcl:Address 229 Wood Street
legal Oescrlpllon Referenced in Record Book 35P Page 721
CIy Camp Hill
COllrdy Cumbenend
- PA
Z/pCode 17011
Census Tracl 0113
Map RlIf8fence 10-20-1850.301
SalePfice $ Market Value
DaI1l of Sale NIA
Borrower/CIiert Client McGrath
l",", Client McGrath Estate clo Ste....en Schlffman
Size (Square Feet) 1.528
Price pel Square Fool: $ 121.72
loo_ Surburbsn
Age 47Yrs Est
Condition Average
T alai Rooms 6
Bed.OlN11S 3
BaIhs 2
Appraiser George R Ulsh
Dale of AppraisadVakle 10/24104
Anal EstimattlofVa1u8 $ 170,000
Form SSO - "TOTAl fOf Windows' appraisal software by a Ia mode, Inc. -1-800-ALAMOOE
. UNIFORM RESIDENTIAL APPRAI AL REPORT FileNo. 000004
ESTIMATED SITE VALUE ~ $ 4000 o Commerts on Cost Approach {such as, sOUlce of cost estimate, 81m value,
ESTIMATED REPflODUCTlON COST-NEW-OF IMPROVEMENTS: square foot calculallon and for HUD, VA and FmHA, the estimated remaining
OwelMng 1.528 Sq. A. @$ - $ ecooomic IWe of the property): See attached buildina sketch with
1528Sq.A.@$ - dimensions and subject drawlino. The ane of a structure creates
- deficiencies in the value established with the Cost A"ntoach to
Garage/Carport Sq.A.@$ - Value. This aenerallv leads to the inaccurac" of the Cost
TolaJ Estlmal6d Cost New_ - $ I Annroach to Values and leads the client to i~r
less Physical FunctiooaJ External conclusions. For this reason althounh considered The Cost
Oepreclalion I I -$ Aooroach to Value is inaoorooriate for use in this annraisal
OepreclaledVallleoflmplOYemeols -$ renort.
"As-is'ValueofSilelmprovemenls -$ The estimated remainina economical life of the su~ct is rated
INDICATED VALUE BY COST APPROACH . ..... .< 40,000 at 40 to 42 vears.
ITEM SUBJECT COMPARABLE NO. 1 COMPARABlE NO. 2 COMPARABLE NO. J
229 Wood Street 408 Spring House Road 221 Reeser Road 85 Foxcroft Drive
Address Cam....Hill Camo Hill Camo Hill Camn Hill
ProxlmilvtoSubioort 0.77 miles 1.01 miles 0.76 miles
Sales Price Market Value I. 176 000 " 169000 I. 170000
pric..IGross li~lrv. Area 121.72 rb 118.60 rb 125.74 cPl I. 102.3SItJT
OatamVor Inspection MLS,PubRec, AppraisersFiles MLS,PubRec, AppraisersFiles ML8,PubRec, AppraisersFiles
VefificalionSource Data Bank Data Bank Data Bank Data Bank
VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION : +i-$Adus1. DESCRIPTION +(. $Adlust. DESCRIPTION + -l$Adusl.
Sa18sor Finaoclng VA/No Help COny No Help Cony No Help
Concessions 14DOM 23 DOM 600M
OateolS","iTime U4/D4 S5/04 U2/04 83/04 U7/0489/04
location Surburban Surburban Surburban Surburban
leaseho....1FeeSimnle Fee Simnle Fee Simnle : Fee Simple Fee Simnle
Site .23 Acres .23 Acre .45 Acre -2000 .86 Acre .3.000
"'. Suburban Suburban : Suburban Suburban
Deslnn and Anneal 1 Storv/Gd 1 Storv/Gd 1 Storv/Gd 1 Stor"/Gd
Qualltvof Constroclion Brick&Frame/Av Brick&Alum/Ava Brick&Alum/Ava Brick&AlumIA~ :
A~ 47 Yrs Est 35 Yrs Est 52Yrs Est 44 Yrs Est
Cunditlon Averane Gd/Unnrades -5000 Averane Averane :
Above Grade Total : Bdrms: B""" Tolal:Bdrms: Baths: Tuta/:Bdrms: Ball1s Tulal :Bdrms: Baths:
RoomCutJrt 6 3 2 6 3 2 8 3 2 8 3 2
GlOSS Uv;"" Area 1 528 Sa. Ft. 1484 So.Ft.: 1344 So. Ft. : +2800 1661 Sn.FI.: -2000
Basllllltlli& Rnished RecRm,.Bth,Bdm RecRm,.Bth,Bdm : RecRoom +3,000 RcRm,.5Bth,Fpl -2,000
Rooms Below Grade 100% 170% 100% 170% 100% 175% 100% 185%
FuncllonalUlilllv Averane Averane Averane Averane
Heatirv.ICOOUrv. CntlHtlCntlCool CntlHtlCntlCoot CntlHtlCntlCool CntlHtlCntlCool
Ene;:':;;-'Elficientllems Storm Units Storm Units Storm Units Storm Units
Gala Cat 00 1 Car Carnort 2 Car Garaoe .3,500 1 Car Garaoe +2500 2 Car Garane -3500
Porch,Patio,Oeck, Pch,Pat,ScrnPch Porch,Patio +1,000 Porch,Patio +1,000 Pch,Pat,ScmPch
FirPf1lacels'-etc. Fireolace Fiteolace Fireolace None +3.000
Fer.::e Pool etc. Fenced Yard None +1.000 None +1000 Fenced Yard
Amenities None None None None
NetM./lulal\ '+ rYl_ .. 6500 IIXI+ 1- '$ 8300 I + rY' _ '. 7500
Adjusted Sales Price Net 3.7 ~11 Net 4.9 ~I$ Net 4.4 ~t~
olCumnarable Gross 6.0 % 169 500 Gross 7.3 % 177 300 Gross 7.9 % 162,500
Commeris 0fI Sal6s Comparison (including lhe subjecll'roperty's compatibility to the neighborhood, etc.): All of the sales are closed sales and verified
throunh 2 or more sources of information ie. multi list svstem and nublic record information annraisers data bank. The subiect dated interior
and amenities caused adjustments in the condition section of the market nrid. Ane of the sales exceed desired renortinn data. This is caused
from the lack of more recent similar sales i the immediate arear of the sub' ect. The subiect location sUPPorts oood anneal caused bv near
location to aU;;Ublic amenities ie. travel access. stores schools. Land value and market value ratio fall within the develoned ranne for suburban
area homes 24%.
ITEM SUBJECT COMPARABlE NO. 1 COMPARABLE NO. 2 COMPARABLENO.J
Dare,PriceaooData No transfer in No Transfer in last 12 months No Transfer in last 12 months No Transfer in last 12 months
Source,forprlors.ms the last 36 month
withinvearol"",nraisal
Analvsisofarrfcurrer1:a!lrll6fTlefllalsale,opUon, or Iislingol subjecll'roperty and analysis of any prior s ales al subjecl and comparables wilhin one year of lhe dale of appraisal:
There is no known anreement of sale ontions or listinn information for the subiect exceot as indicated within the annraisal renort.
ftDICATEO VALUE BY SALES COMPARISON APPROACH .: 170000
INDICATED VALUE BY ftCOME APPROACH In Annlcablel EsUmaledMarketRenl J: IMo.)( Gross RenlMulinlier
Ttis appraisal Is made [SI"as is. 0 subjeclto the repairs, aIlefalions, Inspections or conditions listed beklw U subjeclto completion per plans & sp6l::ifications.
COfIdillons 01 Appraisal: No renairs renuired. See attached sunnlemental addendum with subiect nropertV and appraisal comments noted. This
annraisal is not valid without all attached addenda.
Final RllCoooiliation: The Market Comnarison roach to Value is the best of determinina the Market Value of a residential nrone;.t;,~ The Cost
Annroach to Value and the Income roach to Value were considered but are not aoorooriate for use in this annraisal re....ort. All sales are
considered to be reliable indicators of value and are weiohted as indicated within the final reconcilation.
TI'l!Ipurposealtlisappralsalisloestimatelhemarkel~alueollherealplOpertylhalislhesubjeclofthlsfeport, based on the abovecondlllons andlhecertilicalion, cortlngerrt
and Nmiling conditions, am market ~alue definition that are staled in the attached Freddie Mac Form 43QIFNMA form 1004B (Revlsed 6/93 ).
I (WE) ESTIMATE THE MARKET VALUE, AS DEFINED, OF THE REAL PROPERTY THAT IS THE SUBJECT OF THIS REPORT, AS OF 10/24/04
twH'~~TE OF ~SPECmH AHO Tll7;~WdATE onHm ""OIIT) TO BE $ 170.000
APPRAISER: ir~~rge R. Ulsh If SUPERVISORY APPRAISER (ONLY IF REQUIRED): OD~ Oo~"'"
Slnnatur 7..:....... Sianature
Name Georne R Ul~tl Ham. Inspect Property
Date ReDoltSkJned 0/12/05 Dale RenOl1 Si ned
Slate Certification # RL 000409 L SlalePA SlaleCertilicallon # S~.
Or Slalelicense # Slale Or Slale license # Slale
S
lV''''''''.....,
FleddieMac Form 70 6193
PAGE20F2
Form UA2 - "TOTAL for Windows. appraisal sallwaro by a Ia mode, Inc. - 1.800.AlAMODE
Fannio Mae Form 1004 a.93
MCl,jram
su,:,.::';::!,;e,~r.lsal Ropo" UNIFORM RESIDENTIAL APPRAISAL REPORT AO N" 000004
Prool!ltV Address 229 Wood Street Cltv Camp Hill State PA Zill Code 17011
l.....a1 Descrlntlon Referenced In Record Book 3SP Pace 721 Countv Cumberland
Assessor's Parcel No. See tax map reference number TaxYeal2005 R.E. Taxes S 1 635.38 Soeclal Assessments S N/A
Borrower CUent McGrath Current Owner McGrath OcclInant: n Owner I TeMnt rx1 Vacant
Pronertv ,kllts aooralsed IX! Fee SimDIe I Leasehold Pro ect T e PUD Condominium HUO A om\ HOA 5: N/A /Mo.
NI!in~orhood or Proiect Name Hamoden Townshio Man RelereACc 10-20-1850-301 Census Tract 0113
Sale Price l Market Value Date of Sale N/A Descrlntlon and S amoulll alloan chamesfconcesslons 10 be oald bv seller N/A
lender/Cll!I1: C~ent McGrath Estate cia Steven Schlffm Address 2080 UnCllestown Road Suite 201 Harrisbura. PA 17011
Aooraiser Georae R Ulsh Addres 4099 Oar Stree Harrisbur PA 17111
Location W Urban ~ ~uburban ~ ~U1a1 Pnldomlnlnl p~~tlamlyn1G? Pnlaent IInd IIH %
Bul,"p L:J 0veI75% 025-75% 0 Undor 25% oc"_V $(000) I,rsl O"'faml~ 90
GroWtlllaIB 0 Ripld L:J stabO 0 Sow L:J Owner 150 l,w 40 2-4 faml~
Proportyv.... L:J ""....I'll 0 SlabO DOdri'll 0 T..... 350 Hiuh60 Mu~-faml~ 10
Oemalllllsupp~ g S"'rI3g' ~ In b""'" !d DvM supp~ ~ Vacanl (0-"1 . .lProdoml""'I"'>> C"",,,,,,,ol
Marketinallme IXlUnder3mos,1 13-6mos, I I Over 6 mos. I I Vat, Qver5" 165-225 40-60
Ilea: ... _lid U. .~"I CHlpOllIUan 01 'h _Igllborbood _r. ... _ppr_laall-=torL
Neighborhood boundarlus aOO characteristics: To the North Is Gale Road To the South is Bedford Olive To the East is Circle Drive and to the West
is Lama Post Lane.
FacIorslhal aftectthe marketability of the propertills in the neighborhood (proximity to employment arK! amenities, employmentslabllty, appllalio market, etc.):
Maior routes of travel are located within a reasonable distance of the sub'ect Emolovment for the area is rated as aood. Maior emolovers in
the Camp HiD Area include manufacturin com anies State and Federal novernmentfacilities and manv smaller service comoanies. The
sub'ect neiahbomood is in a stable phase of its' life cvele with properties in the nei hborhood havin I nood aooearance and orool 0' reClular
maintenance. Multi use properties are twical 01 the area. No adverse conditions indicated. Su I and demand a ears In balance and
I orooertv values are increasina due the low interest rates and the activitY In the sublect market area
Market coOO/IIons In the subject neighborhood OrckJdlng support for the above conclusloos rsIabld to the lnmd of properly values, demmVsupply, and marketing time
-such as data on compelillve properties for sale inlhll nelghborhood,descripllonolthe prevalen::eolsUsaOOfinanclngc orK:esslons,etc.):
Market conditions appear active for this time of veer. The ere various loan nronrams available throunh both convention and Clovernmental
I oroarams and rates renaina from 5% ARM oroarams to 7.5% fixed rate proarams. Marketina time lor reasonable riced housinn is within 0 to
3 months. Sales concessions althouah evident in some transactions are not typical of the common sales.
LlOdUltchllnge
[gJNotlke~ Dlikely
o In process
To:
ProJodOlflllllllfoof",PUOIIW applcab.) - -I, IIIl_PM/blllider In _01 of IIIl ifllmo OWner,' As,_ (HOAll U y" U""
Approxlmabl tolaIllIIllber of unIls In the SUbJect proJect AppJtWmat8lola1 number of irils for sale In the subject projllct
Describe CQmmon elements and re<:reatronal facilities: Not a licable with this renort
Dimensions 100' x 100' as oer deed Topography Mos Level
Site area .23 Acres Corner Lot [2J Yes 0 No Size Tvoical lor !vea
SpecWIc zaring classificalion and description Residential Shape Mostlv Rectanaular
Zoning complance [2J Legal JJ Legal noncon~lng (Gralltfathered use) 0 Illegal D No zoning Drainage ADoears Adeauate
Iltnh.d,ll, hed u'" a 1m mved: IXI Preseft use I I Other use lexnlaln\ ViIlW Suburban
Utllllet Pubic Olher otI-a1t mprovallllllll Type PubIc Privale Landscaping Tvolcal lor area
Electricity [2J 100 amp Street Asphalt IS! 0 Driveway Sulface Poured Concrete
Gas ISI Cur~gutrer Concrete 0 0 Apparenl easemenls Tvolcal Utility
Walel ISI Sidewalk Concrete 0 0 FEMA Special Flood Hazard Area 0 Yes I3J No
SamaryseWef [SJ Streetlights MercurvVapor .~ P FEMAZone ZoneC MapDaIe 01/05/96
Storm sewer n None AIP.v None I I I I FEMA Man No. 420360
Commerts (apparert adverse easements, encroactvneris, special assesSmerD, slide areas, Illegal or legal J'(Nk;odormlng zoning use, etc.); There were no
noted annarent adverse or unfavorable easements or encroachments noted. See attached supplemental addendum for comments.
GENERAlDESCRIPTlON
No. of UniIs 1
No.ofStorles 1
Type (Oel:JAtt) Det
Design (S~OI f sto~
EJdolfngiProposod Existinn
Age (Yrs.) 47 Yrs Est
Effect!veA e Nrs.l 18 to 20
ROOMS k1ver lIvloo
Basemert
Levell X 1
Levell
EXTERIORDESCRIPflON
FouOOatlon Concrete Block
Exterior WaIs Brick & Frame
Roof Sulface Como Shinale
GulIers & OWnspls. Aluminum
Window Type WoodSlide
SlonrvScreens Storm Units
MaoolactIJred House No
Dlnloo KItchen Den
FOUNDATION
Slab None
Crawl Space None
Basemert 100%
Sump Pump None Noted
Dampness None Noted
Settlement None Noted
Infestation None Noted
Fami'" Rm. Rec. Rm. Bedrooms
1
3
Finished area Ibovt nlade contains: 6 Rooms' 3 Bedroom S'
INTERIOR MalerlaI!VCondlllon HEATING KITCHEN EQUIP. ATTIC
Floors Cot V;nvVAverane Type FWA Refllgerator 0 None
WaRs DWell/Avera e Fuel Gas Range/Oven I2J SlaIls
TlfnVAnlsh Wood/Avera e Condition Good Disposal !ZJ Dlop Stair
Bath Floor CermlcTUe/Averaae COOUNG Dishwasher [SJ Scuttle
Bath Wainscot Ceramic THe/Averaae Certral Yes FarVHood D Floor
Doors Hollowcore/Averaoe Olher None MlcroWlMl 0 Heated
Condilion Good Washer/DlVer n Anlshed
Additionalfeatul8S (special energy eff/clem Items, etc.): The sub'ect interior and exterior a
indicated from the sublect crocertv viewino.
Condition of the Improvements, depreciation (physlcal, functional, and external), repairs needed, quaUIy of construction, remodeInwaddllions, etc.: The sub ect
imorovements are 0' everaae auailml and reflect tvoical maintenance acceet as noted. Utilitv of floor olan Is tvnlcal lor a house of this a e and
should receive acceotance in the market olace. No unusual functional obsolescence or externallnade uades were observed.
1 & Area 1
BASEMENT
Area Sq. Ft. 1 528
%Flnishlld 70%
Ceiling Fibertile
WaIs OW WdPanl
FkJor AsbTile
OulsldeEntry No
INSULATI<Jol
Roof 0
CeiMng Unk I3J
Walls~13J
Fklor 0
None-D
Unknown 0
# Baths
1
2
LauOOlV Olher
Storaoe
AleaS . Ft.
1528
1528
Area
2 Bath S' 1 528 S are Feet of GlOSS LMooArea
AMENmES CARST~GE:
L:J Rr",""I'1 # .!8..- L:J""", 0
D Patio Concrete I3J Garage
o Cook 0 _hod
D Porch Concrete I3J Delachld
o Fence Chain Link lZl Bul~-In
o Pool 0 Carp'"
n Storaoe Shed I"X"1 Drivew:w
ear in avera e condition. No adverse condition were
# 01 cars
1 Car
Adverse erNirorwneJtal comilions (such as, but ooIlmiled to, hazardous wastes, toxic substances. eIc.) presert in thlIlmprovamenls, on the slle, or In the
lmmedlalfl vk:inlty of the subject properly.: There were no aooarent environmental nroblem indicated from the subiect nronertv inspection.
Fleddie Mac Form 70 11193
PAGE10Fl
Klfm UAl - 'TOTAL for Windows' appraisal software by a Ia. mode, Ire. -1-800-ALAMODE
FamIe Mae Form 1004 lW3
-'U.....GII.....IG. ftUU..IIUUII.
File No 000004
Bonower/Clilld Client: McGrath
Pron....... Address 229 Wood Street
Citu Camn Hill Cou"'" Cumberland
lender Client McGrath Estate c/o Steven Schiffman
Slate PA
ZinCode 17011
SUBJECT PROPERTY HISTORY
The subject age is estimated at 47 years. The subject use has been single family residential which appears to be the Highest
best use for the property.
Some of the sales may show photographs with sale signs. Sales are not now under contract or belng offered unless
specifically indicated within the appraisal report. For convience and speed, sales photographs are taken from my existing data
base for sales in the area. All of the sales indicated have been externally and or interiora/ly view by the appraiser as required
by the appraisers guidelines for performing appraisals.
When applicable within the appraisal report, it is assumed, unless noted in the report, that the roof, plumbing, heating,
electrical and air conditioning system, wells, septic tanks or cesspool are in satisfactory operating conditIon, that the building is
structurally sound and free of termite Infestation and free of termite damage. The appraiser suggests that buyers, lenders and
other interested parties obtain certifications from properly qualified professionals for their protection.
There has not been a title search or survey completed on the subject property that would confirm or deny any encroachments,
easements or deed restrictions on or against the subject property. At the time of the inspection of the subject unless noted in
the appraisal report, none of the items mentioned in this paragraph were visibly noticed or apparent. The appraisal is made
considering the items not present or having no effect on the overall typical use of the subject as valued in this report. If any of
these items are present, the Fair Market Value as determined by this report may be adversely affected.
Subject Photos are original photos taken at the time of the subject property viewing and have not been altered.
The digItal signature used on the appraisal report is the true signature of the appraiser and used on all appraisals. Digital
signatures facilitate the transfer of the appraisal report by EDI, EFT or e-mail. The software utilized by the appraiser to
generate the appraisal report protects signature security by means of a pin number that is in the sole control of the appraiser.
The subject property Is not located in an area directly affected by hurricane Ivan 09/19/04 and no evidence of any damage
resulting from the disaster was evident during the subject property viewing.
This appraisal is a Complete/Summary Appraisal Report. The use is for the indicated client only for the purpose of establishing
the most probable Fair Market Value of the subject property. .
APPRAISAL AS OF DATE
The subejct property was viewied by the appraiser 01106105. The appraiser was requested to complete the appraisal as of the
date of 10/24/04
APPRAISAL COMMENTS
The subject is over 30 years old but has been modernized as necessary and Is marketable in Its present condition. The
effective age is significantly less than 30 years.
The subject property was vacant at the time of inspection. Utilities: Were on and operating
form TAOO - 'TOTAL for WlrxIows' ;qJPraisaJ software by a Ia mode, In::. -1-800-AlAMOOE
,
I8J CURRENT SALES CONTRACT
I8J The subject property is currl!lilv noI under contract.
D Thecontraclandlor8ScrowinstructiollS Wf!1e ootaY3ilable for rl!View, The ul1ilvailabilty of IhB contracl is explained later in the addenda section.
D The contract andlor escrow instructions WI!rP. reviewed, The folbwing summalizes the cowacl:
reantr....... Amend..nt Oa.. Contract Prlc. Selll. I
r McGrath I
D The comacl indicaled that personal proJ}8fty was noI included in the sale.
D Thecontraclindicatedthalpersonalp'operty~.llconsisledof
I8J EstlmaledconlribuhHy value Is $
Pefsonalpropertyw3!iinntirdlClP.t1inthefinalvaJueestimate.
D Pmsonalproperty D~inlhefinalYalueestimate.
D The contract Indicated ooflnanciooconces...ions or otheJ Incentives.
D TheconlractlndicaledlhefoJ/owioocoocessionsQfincentives:
I8J Ifcoocessionsorincentivesexisl,thecomparableswerecheckedforslmllarCOllCtlSsionsandapproprial8adjustmenlswefemade,Kapplicable,so
thai lhefinal value conclusion is in compliance wiIh the MalketValulldeflred herein.
I8J MARKET OVERVIEW IncllHle In expranlllon 01 cllmlnl m.rkel condlllone 800 trend..
0103 monIhs ls considered a reasonabl8 marketing period for the subjeclproperly based on current market indicators,
I8J ADDITIONAL CERTIFICATION
The Appraisllr certifies and aglllllSthat:
(I) The ~ses, opinioflS and cOnctusiOflS were developed, and this report was prepared. In cMOfmlty with the Uniform Standards of Professional
Appraisal Practice ("IJSPAP'), excepltl1al the Oeparture Provision of the USPAP does oot appt{.
(2) Their CQ/llplIllSalion is ootcontirllJlllll: upon the reporting of predetermillld value or direction in value thaI favors the causeoflhecienl,lheamounl
ofltle value estimate, Ihe altainmenlof a stipulated resull, or the OCCUlTllnce of a subsequenl evllli.
(3) This appraisal assiglllllll1l was oot based on a requested minimum valualion, a specific valualion, or !he approva lofaloan.
I8J ADDITIONAL (ENVIRONMENTAL) LIMITING CONDITIONS
The value estimaled is based onlhe assumplion thallhe properly is noInegativettaffecled by the existence of hazardous subslances or detrlmerial
environmeml condRions unless otherwise stated in !tis report. The appraiser Is not an expert in the identlficaliOll of hazardous substances or detrimental
envirOOOllllllalconditions.Theappraisllf'sroutinelnspeclionofandinquirlesaboullhesubjectpropertydldnotdevelop any Information that indlcated
any apparent sigllificanl hazardous substances or detrlmeriaJ erNironmertal conditions which would affect the Pfopelty 1lBlIative!y unless otherwise slated
lntllsreport. II is possible thai tesls and inspections made by a qualified hazardous substance and envlronmenlal expert would r 8Yllal !he existence of
hazardous substances or delrimenlallllMlonmllf1lal conditioflS on Of around the properly that would negatively affect its value.
D ADDITIONAL COMMENTS
I8J APPRAISER'S SIGNATURE & LICENSE/CERTIFICATION
Appra;,,,', S~"""~,;:?, If' /,1 il dm"tiv. Date 10/24/04 OatePrepared 01112/05
AppraislIf'sName (print) Geo~R Ulsh . Phore' '17 1 565 2037
Slate PA Dlicerise [2JCertiflcatlon# RL 000409 L Tax 10 # 23 2157098
D CO-SIGNING APPRAISER'S CERTIFICATION
D The co-signing appraiser has Defsonilllv ill"Dected the subjecl property, both Inside aOO out, and has made anextelior inspection of aI comparable sales
listed in the report The reporlwas prepared by the appraiser under direct supervision of the co-slgnlng appralser. The co-signing appraiser accepls
rllSponsibiHly for the corRnts of the leport including the vakle coo::klsiollS and the Imiting conditions, and codirms that the certifications apply
fully 10 the co-signlng appralser.
D Theco-signing appraiser IDs not Dersonallv insDecled the in!tlrior of the subjecl properly m.l:
D hils not insoectedtheextmIofof the subjeclproperly and aIcQ/llparablesales UstedInthereporl.
D has insnectedthe exIllliorof the subjecfplOperlyand all comparable sales tistedinthereporl.
D Th~ report was pr~pared by lh~ appraiser under direct supetVlslon of the co-signing appraiser, The co-sjgnlng appraiser accepts responsibility (Of th~
conlenlsaftheleporf,ird.dingthevalueconciuslonsarKllheHmitlngcondlllons,andconflrmslllatthecerllflcatlonsappt{fultylotheco-slgnfng
appraiserwlthlheIDlCeptionoflhecertificatlonregaJdlngphysicalinspecllons. The above describllS Ihe level of Inspecllonperfolmed by the
co-siglingappralser.
D Theco-signing appralser'slevelafinspectiorl, Involvemenl in the appraisal process and certfficallon are cove red elsewhere in the addenda secUoo
atlhisappraisal.
D CO-SIGNING APPRAISER'S SIGNATURE & LICENSE/CERTIFICATION
Co-Siqni~ EffecweDate Date Prepared
AppriilsersSignature
Co-Signing Appralser's Name (prlnl) PI1are. I I
s". o license DCertffication# Tax 10 #
Page2of2
Fofm MPA2 - 'TOTAL fOI Wiooows' appraisal software by a Ia mode. inc. - 1.600.ALAMODE
MULTI-PURPOSE SUPPLEMENTAL ADDENDUM
FOR FEDERALLY RELATED TRANSACTIONS
R & l Appraisal Assoicates George R. Ulsh
Bonower/CIIed Client McGraUl
Pr Address 229 Wood Street
C Cam Hill Coo Cumbenand
Lemer Client: McGrath Estate cia Steven Schiffman
Stale PA
ZI Code 17011
This M~Purpose Supplemental Addendum for federaly Related Transactions was d8slglWK1 to provide the appraiser with a COlWflnlelt Wffj to camp'" wiIh IhlI cunn
appraisal standards and requirllfllMfs of thll FedlIraI Deposit Insurance CorpoI'aIion (FDIC), the Officll of the Comptroller of Cunen:y (Dee), 1lIe Offlcellf Tllflft
Supervision (OTS), ttE ResoIuIIon Trusl Corporation (RTe), and the Federal Reslll'l8.
This MulU.Purpoae supplemental Addendum Ie for use with eny .ppr....I. Only thOS8
etatslllenls which h..,. b..n checked by the .ppr....r apply te the propertr being .PPrIIl..d.
IZI PURPOSE & FUNCTION OF APPRAISAL
The purposed !he appralsalls toestima18 the marketvablotlhBsub,iecl:propelty as defiJed hllreln. ThefUfEllonol Ihe applaisalls to asslsllhe aboYe-named
lenderlnevakJallB;)thlIsubjectpropertyfofIBOOlIQPulposes.l1islsaFed8ralyrelafBdtransactlon.
IZI EXTENT OF APPRAISAL PROCESS
[gJ Thu appraisal Is based on 1M lnrormallon gathered by th8 appraiser from pubic records. otIJJr IlIeliIfIed SOUJGeS, npection of Ihll subject property aOO
nelghborhoo:l. aOO selection of comparable sales wIlhin the subject market area. The original soules of the comparablBs Is shown in the Data Source section
of the mark8I: grid abng with the source of conllrmation, Wavailable. Tm original source Is preseried first. Tm sources and data ale considered rdable.
When conictirg lnformallon was provided, the soorce deemed mosIreltable has been used. Data believed to be Unlelabllr was not Incklded In the report nor
lIS6dasabaslsfOfthevalu8coneluslon.
o TtoReproductionCostobasedon
supplemented by the appraiser's knowledge of the beal market.
r8J PlP(slcaldepreclation Is based on the estimated lJffectivoagoofthesubjucl:proporty. FunctionalanVorltJllernaldeplllCiallon,Wpreseff,lsspecWlcalf
addressed in the appraisal report Of other addema. In estimating the site value. the appraiser has relied on personal knowtedge of the local market. l11l5
knowBlge Is based on prior and/or currert anatj'sls of site sales and/or abstraction of sllB vakles from sallrs of Improved properties.
l2J 1l1e sub)ect properly Is Ioca1ed In an alea 01 primarily owner-occupied single tamit{ residences and the Income Approach is not considered to be meaningful.
For this reason, thIr Income Approach was not used.
o The Estlmatud Market Rert and Gross Red Mullpler utilzed In the In:ome Approach n bas1ld on the appraiser's knowllldge of the subject market allIa.
The reRal koowIedge Is based 00 prior arQIor curren rerdal rate sulVllYs 01 residrial properties. The Gross Rent Mullpler Is based on prior arxVor CUlTl'Int
analysis of prices and markeI rates for residential properties.
o Forlooomeproduclngpropertles,actualrem,vacanclesandexpenseshavebeenreportedandanalyzed,TheyhavelJeenusedtoprojeclfuturerenls,
vacaooiesaOOllJlj}lIffles.
IZI SUBJECT PROPERTY OFFERING INFORMATION
According to public record and mls the subject properly:
ISJ hll."mttlf!l!lloffl!fl~dforsalelnthepast DJOday' Diy", lZIayoars,
o Is cunentlv offered for sale for $
o _for,aIewiffinlhopast o 30 days 01""" Day"" for $
o Offering IrtormaUon was considered In thIr flnalroconcilation of value,
ISJ Offering Irlormatlonwa.'i mtCOn.'ildelll(l In the final roconcllatlon of value.
o Offering lrlormation was oot availablll The reasons for tmaYallabiity and the steps taken by thIr appraiser are explained IaIBr In this addendum.
IZI SALES HISTORY OF SUBJECT PROPERTY
According to public record and mls the subject pJOperty;
o has mtlransferJlld In the pastlwette months. \3J hasmtlransfl!m!dinthepastthlrty-slxmonths.
o haslrallllfl!JJRdlnlhepastlwelvemMhs. o has hnshlrredInlhepast thilty-slxmonIhs.
o AI prior sakls which have oceurred In the past twete morths are Isl!d bekJw aOO recon:iBt to the appJaised vakI8, e/Ih8r in the body of the report or
In the addenda.
I.m hi. Prlc. Doe...nt II Sell.r Buyer I
IZI FEMA FLOOD HAZARD DATA
IZI Subject property is notklcal!ld lnaFEMA Special Flood Hazard Area..
0 Subjecl property l&...iI!dIblIl. In a FEMA Special Fklod Hazard Area.
.... FEMA M.pno.n.' II Me, o.t. ...... .. C.....URIty I
[ Zone C 420360 01105196 Hamoden TownshiD I
o The community does not nartlcloahlln the Nalkmal Flood lnsurarx:e Program.
\3J The commurlly does DarticiDaIlI in the National Fklod Insurance Program.
C8J II Is covered by a mguIal program.
o IIlscoveredbyan~program.
PagelDf2
Form MPA2 - "TOTAL for Windows. appraisal software by a Ia mode, In::. - HIOO.AlAMODE
BorroWllr Client: Mc~ath File No. DOOO04
Pr~Address 229 Wood Street
Citv Camn Hill CoU:;::- Cumberland Stare PA ZinCodo 17011
lemer Client McGrath Estate clo Steven Schiffman
APPRAISAL AND REPORT IDENTIFICATION
This appraisal conforms to mIl of the following definitions:
C2J Complete Appraisal (The act or process of estimating: value, or an opinion of value, performed without Invoking: the Departure Rule.)
0 Limited Appraisal (The act or process of estimating: value, or an opinion of value, performed under and resunlng from invoking the
Departure Rule.)
This report Is !m..e of the following types:
0 Se" Contained (A written report prepared under Standards Rule 2-2(a) of a Complete or limited Appraisal performed under STANDARD 1.)
C2J Summary (A written report prepared under Standards Rule 2-2(b) of a Complete or Umlted Appraisal performed under STANDARD 1.)
0 Restricted (A written report prepared under Standards Rule 2-2(c) of a Complete or Umlted Appraisal performed under STANDARD 1,
restricted to the stated Intended use by the specified client or intended user.)
Comments on Standards Rule 2-3
I certify that, to Ihe best 01 my knowledge and belief:
o The statemenls 01 fact conlained inUis reportaretJuearocoHect.
o The reported analyses, oplrions, and conclusions are Umit8d only by lheleported assumptions and Wmltlng conditions, and are my personal, impartial, and unbiased
llrufesslonalanalyses,opirionsandconclusiQIIS.
o I have 00 (or the specified) presenl: or prospective irilIresl in IhlI prop8fty Ihat is the subjeclol this report, and 00 (or the spec lfIed)pefsonalintereslwithrespecltolhe
partiesiflYoI\ted.
o I have no bias with respect to the property that is the subject of this report or the parties iflYoMld with !his assignmeri.
o My engagemert in ltis assignment was not contingent upon developing or reporting predetermined resuls.
o My compensation for completi~ this assigrmert is not coOO~ent upon the deYekJpmenl or reporti~ of a predetermined vakJe Of direction in value that favors the cause
of the cUem, the amount of the value opinion, the attainment 01 a stipulated result, or the occurrence of a subsequent even dilllClly related to the irmmded use of this appraisal.
o My analyses, opinions and cordlslons Wllfe developed and this report has been prepaJed, in corformily with Ihe Uniform Standards of Professional Appraisal Practice.
o I have (or have 001) made a persooal Inspection of the property that Is the subiect of this report.
o Noone provkledsilllificant:realPJoperty appraisal assistaoceto the Pllfson signillll lhis certification. (lfthere are exeeptions, the name 01 each individual providlll!l slgnificanl
realpropeJty appraisal assistance must be slaled.)
Comments on Appraisal and Report Identification
Note any departures from Standards Rules 1-3 and 1-4, plus any USPAP-related issues requiring disclosure:
The ane of the subiect creates inadenaucles In the Cost Annroach to Value. For this reason the Cost .b.nnroach to Value is considered
iri;"':';'ronriate for this~aisal. The lack o~ood market data for the use in the Incom~roach to Value makes the Income roach to
Value in~ate for thi~aisal. The reduction in the amount of verifiable data an~oaches to value mav limit the accuracv of the
indicated market value of the subiect.
APPRAISER: ~ 2tJcA.. SUPERVISORY APPRAISER (only It required):
Signature: ~_ If. Slgnalule:
Name: GeotQe R Ulsh Name:
OateSigned: 01/12/05 Date Signed:
State Certification #: RL 000409 L StateCertificalion#:
orStatelicense#; or StalelicellSe#:
Slate; PA Slate:
Expiration Date 01 Certification or licflnse: 613012005 hplrallonOateolCerIlficalionorliceose:
DolO OO"Not InspeclProperty
R&lAppralsalAssolcates GeorgeR.Ulsh
Form 105 - 'TOTAL fOJ Windows" appraisal software by a Ia mode, Inc. - 1-80Q..ALAMODE
APPRAISER'S CERTIFICATION: The appraiser certifies and agrees that:
1. I have researched the subject market area and have selected a minimum of three recent sales of properties most similar and
proximate to the subject property for consideration in the sales comparison analysis and have made a dollar adjustment when
appropriate to reflect the market reaction to those items of significant variation. If a significant Item in a comparable property is superior
to, or more favorable than, the SUbject property, I have made a negative adjustment to reduce the adjusted sales price of the
comparable and, if a significant item in a comparable property is inferior to, or less favorable than the subject property, I have made a
positive adjustment to increase the adjusted sales price of the comparable.
2. I have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the
appraisal report. I have not knowingly withheld any significant information from the appraisal report and 1 beHeve, to the best of my
knowledge, that an statements and information in the appraisal report are true and correct
3. I stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are
subject only to the contingent and limiting conditions specified in this form.
4. I have no present or prospective interest in the property that is the subject to this report, and I have no present or prospective
personal interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis
and/or the estimate of market value in the appraisal report on the race, color, religion, sex, handicap, familial status, or national origin of
either the prospective owners or occupants of the SUbject property or of the present owners or occupants of the properties in the vicinity
of the subject property.
5. I have no present or contemplated future interest in the subject property, and neither my current or future employment nor my
compensation for pertorming this appraisal is contingent on the appraised value of the property.
6. I was not required to report a predetermined value or direction in value that favors the cause of the client or any related party, the
amount of the value estimate, the attainment of a specific result, or the occurrence of a SUbsequent event in order to receive my
compensation and/or employment for performing the appraIsal. I did not base the appraisal report on a requested minimum valuation, a
specific valuation, or the need to approve a specific mortgage loan.
7. I performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and
promUlgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effective date of this
appraisal, with the exception of the departure provision of those Standards, which does not apply. I acknowledge that an estimate of a
reasonable time for exposure in the open market is a condition in the definition of market value and the estimate I developed is
consistent with the marketing time noted in the neighbOfhood section of this report, unless I have otherwise stated in the reconciliation
section.
8. I have personally inspected the interior and exterior areas of the SUbject property and the exterior of alf properties listed as
comparables in the appraisal report. I further certify that I have noted any apparent or known adverse conditions in the subject
improvements, on the subject site, or on any site within the immediate vicinity of the subject property of which I am aware and have
made adjustments for these adverse conditions in my analysis of the property value to the extent that 1 had market evidence to support
them. I have also commented about the effect of the adverse conditions on the marketability of the subject property.
9. I personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report If I relied on
significant professional assistance from any individual or individuals in the pertormance of the appraisal or the preparation of the
appraisal report, I have named such individual(s) and disclosed the specific tasks performed by them in the reconciliation section of this
appraisal report. I certify that any individual so named is qualified to perform the tasks. I have not authorized anyone to make a change
to any item in the report; therefore, if an unauthorized change is made to the appraisal report, I will take no responsibility for it.
SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal report, he or she certifies and
agrees that I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the
statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications numbered 4 through 7 above, and am
taking full responsibility for the appraisal and the appraisal report.
ADDRESS OF PROPERTY APPRAISED: 229 Wood Street. Camp Hill, PA 17011
APPRAISER"
~--j2d /(. ~.{
~:~r~~ ~~L
OateSigned: 01/12/0
State Certification #: Rl 000409 l
or State License #:
State: PA
Ellpilalion Date of Certification or License: 613012005
SUPERVISORY APPRAISER (only II required):
Signature:
Name:
Date Signed:
SlaIcCertlflcatlon#:
orStateLlccnsc#:
-:
Expilation Oate of Certffication 01 License:
DD_
o Did Not Inspect PrOjlerty
Freddie Mac Form 439 6-93
Page2af2
Fannle Mae Form 100486-93
Form ACR DEFD - "TOTAL for WindCJWs. appraisal smtware by a Ia mode, inc. - 1-8OlJ.ALAMOOE
DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market
under aU conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not
affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from
sener to buyer under conditions whereby; (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised,
and each acting In what he considers his own best interest; (3) a reasonable time Is allowed for exposure In the open market; (4)
payment is made in terms of cash in U.S. doDars or in terms of financial arrangements comparable thereto; and (5) the price represents
the normal consideration for the property sold unaffected by special or creative financing or sales concessions* granted by anyone
associated with the sale.
*Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are
necessary for those costs which are normally paid by sellers as a result oftradilion or law in a market area; these costs are
readily identifiable since the seller pays these costs In vlrtuaDy an sales transactions. Special or creative financing
adjustments can be made to the comparable property by comparisons to financing terms offered by a third party
institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a
mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate
the market's reaction to the financing or concessions based on the appraiser's judgement
STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION
CONTINGENT AND LIMITING COIIDITIONS: The appralser's certification that appears in the appraisal report is subject to the
following conditions:
1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it The
appraiser assumes that the title is good and marketable and, therefore, wil not render any opinions about the tiUe. The property is
appraised on the basis of It being under responsible ownership.
2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is
included only to assist the reader of the report in visualizing the property and understanding the appraiser's determination of its size.
3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other
data sources) and has noted in the appraisal report whether the subject site Is located in an identified Special Flood Hazard Area.
Because the appraiser is not a surveyor, he or she makes no guarantees, express or Implied, regarding this determination.
4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless
specific arrangements to do so have been made beforehand.
5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their
contributory value. These separate valuations of the land and improvements must not be used in conjunction with any other appraisal
and are invalid If they are so used.
6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence or
hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property or that he or she became aware of
during the normal research involved in performing the eppraisal. Unless otherwise stated In the appraisal report, the appraiser has no
knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of
hazardous wastes, toxic substances, etc.) that would make the property more or less valuable, and has assumed that there are no such
conditions and makes no guarantees or warranties, express or implied, reg~ng the condition of the property. The appraiser wiU not be
responsible for any such conditions that do exist or for any engineering or tesmg that might be required to discover whether such
conditions exist Because the appraiser is not an expert in the field of environmental hazards, the appraisal report must not be
considered as an environmental assessment of the property.
7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or
she considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of
such items that were furnished by other parties.
6. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional
Appraisal Practice.
9. The appraiser has based his or her appraisal report and valuation condusion for an appraisal that is subject to satisfactory
completion, repairs, or alterations on the assumption that completion of the improvements wi" be performed In a workmanlike manner.
10. The appraiser must provide his or her prior written consent before the lenderfclient specified in the appraisal report can distribute
the appraisal report (including conclusions about the property value, the appraiser'S identity and professional designations, and
references to any professional appraisal organizations or the ftrm with which the appraiser Is assocIated) to anyone other than the
borrower; the mortgagee or its successors and assigns; the mortgage insurer; consultan1s; professional appraisal organizations; any
state or federally approved financial Institution; or any department, agency, or instrumentality of the United States or any state or the
District of Columbia; except that the Ienderfclient may distribute the property description section of the report only to data collection or
reporting service(s) without having to obtain the appraisen prior written consent The appraiser's written consent and approval must
also be obtained before the appraisal can be conveyed by anyone to the public through advertising, public relations, neW'S, sales, or
other media.
freddie Mac Form 439 6-93
Page1of2
FanniB Mae Form 1004B 6-93
R & l Appraisal Assolcales George R. Ulsh
Form ACR DEm - "TOTAL for Windows' appraisal software by a Ia rnodB, Inc. -H100-AlAMODE
Appraisers 2005 Certification
ilo!T....'Ciel1t Client McGrath
PrOOllrtv Address 229 Wood Street
,.. Camo Hill Coonlv Cumberland SIaI& PA n,Code 17011
lender Client: McGrath Estate clo Steven Schiffman
Certificate Type
Certified Residential Appraiser
, Certificate Status
Active
'11
IJ
j."
Initial Certification Date : t~1
I",
10/11/1991 ; :
:'I
GEORGE RANDALL UlSH
4099 Derry Street
HARRISBURG PA n111
Certificate
Number
I,
RL000409L
ExpiratiQn Date
06/30/2005
j'
I
-~~~
Deputy Commi~~;i",cr pfPmrc~sio...alllnd OcclIl'alionnf Affairs
Sil!lIahltc
rZ 2vJ1.-
..1
Form MAP.Trafflc - "TOTAL 101 WIndows. appraisal software by a Ia mode, Inc. -1-800-ALAMODE
Subject Photo Page
BolTow~lmnt Client McGrath
Pr~ddress 229 Wood Street
CiIu Camn Hill Coonlu Cumberland State PA IjnCode 17011
l,""" Client: McGrath Estate clo Steven Schiffman
Subject Front
229 Wood Street
Sales Price Market Value
GlOSS living Area 1,528
TolatRooms 6
T olal 86d100ffiS 3
Total Bathrooms 2
location Surburban
View Suburban
Site .23 Acres
Quality Brick&Frame/Av
Agll 47 Yrs Est
',\,-'\
, ,
Subject Rear
Subject Street
Form P1CPIX.SR - "TOTAL fOf Windows. appraisal software by a Ia mode, Inc. - 1-8lJO..ALAMODE
Comparable Photo Page
Borrowtf/Cllent Client: McGrath
Prollllftv Address 229 Wood Street
City Came Hill Counlv Cumberland Slale PA ZillCode 17011
lender C~ent: McGrath Estate clo Steven Schiffman
..~..
.- .'
: -..'-
'';'"
./
.,l
Comparable 1
408 Spring House Road
Prox.lo Subject 0.77 miles
Sale Price 176,000
GrossLlvingArea 1,484
Iota/Rooms 6
lota/Bedrooms 3
Total Baltwooms 2
Location Surburban
View Suburban
Site .23 Acre
Quality Brick&AlumfAvg
Age 35Yl'$ Est
Comparable 2
221 Reeser Road
Prox.toSubjecl 1.01 miles
Sale Price 169,000
GrosslivlngAlea 1,344
TolalRooms 6
Total BedlOoms 3
Total Bathrooms 2
Location Surburban
View Suburban
Sire .45 Acre
Quality Brick&Alum/Avg
Age 52 Yrs Est
Comparable 3
85 Foxcroft Drive
PfOx.1o Subject 0.76 miles
Sale Price 170,000
Gross Living Area 1,661
Total Rooms 6
Total Bedrooms 3
Total Bathrooms 2
location Surburban
View Suburban
Site .86 Acre
Quality Brick&Alum/Avg
Age 44 Vrs Est
Form PICPIX.CR - "TOTAL for Windows' appraisal software by a Ia mode, Inc. - 1.800-AlAMODE
Building Sketch (Page - 1)
BorrowerICllAnl' CUent McGrath
~..tu Address 229 Wood street
CiIIr Garno HiU r.nuntY Cumbertand
Lender Client McGrath Estate clo Steven Schiffman
_ PA
7lnCodlt 17011
Basement Area
Ba'"
Sem Pen
Bd"" llvRm Din Area
Ba'" ~
S
'"
Foyer
Bd"" Bd""
DinRm Kitchen Carport
FoJm SKT.BklSkI- "TOTAL for Windows. appraisal software by a Ia mode, inc. - 1-800-ALAMODE
BUilding Sketch (Page - 2)
BonoWOl: CHert Client McGrath
PI Address 229 Wood Street
C earn HiD C Cumberland
lender Client: McGrath Estate clo Steven Schiffman
SIat8 PA
~ Code 17011
SKETCH CALCULATIONS
[J Ai: 12.0 x 23.5- 282.0
Carport 282.0
[] A2: 12.0 x 15.0" 180.0
Screened Pch 180.0
Total Misc. Area -462.0
A3:21.0x2.0= 42.0
M M:53.0x27.0= 1431.0
A5:27.5x2.0= 55.0
Fll1ltFloor 1528.0
c:J A6:21.0x2.0- 42.0
A7:53.0x21.0= 1431.0
M:27.5x2.0" 55.0
Baaement 1528.0
Total Living Area 1528.0
I 1.;1 I
A9:4.5x2.0= 9.0
'" A10:33.5x6.5= 217.7
Porch 226.7
I I At1 : 33.0 x 7.5 = 247.5
'"
P"~ 247.5
Form SKT.8IdSkI- "TOTAL IOJ WlocIows. appJalsaJ software by a Ia mode, Inc. - 1-800-ALAMODE
Location Map
BOfrOWllf. W Client McGrath
Prollflflv Addloss 229 Wood Street
CIIv Camo HiU Cotriv Cumbert8nd
lerdur CHent McGrath Estate clo Steven Schiffman
Stale PA
Zi'Code 17011
~' \ "', v" L~,) ''-'''f'-\: ,- 'I 'I ~n"~I' 1,\, \ J,;'J
",',' ~;,~:~,,'\". A -'I \ q ~ .....oJ - ~"X \ II -.0>>''" % ,
:__l1ilfIJ.!1U'~ . . =_ ,=....~~1. ~\\\>',...', ~ \\ l:"&~~\",,~ Q;!'ir ~.:
_". n__~'1 \ ~\-A. ~~I \1. \ ~~, '\ '~-~
" -~ ,,_e ~ ~ \ ~"" it'l"" ~<<'I ~".
.~=I<.\r~-c " ~91 _.II --==""""''1- hd \ i'-~-Ul'-=".,-P ",.~,,, '\. '" '"
;g 11~\leYJ .,.-' -:"1 c=- ~~1i'~~ '\i :\" .,;O'"-~, "'~lt~..~, .
,:i<i",,~f;;:~-E!~.;"".' ":",i'-'L,~:,,,';~;:~_-~~~l~J;~I'['~-""- ."~'~": ","o",,=,;c ,'\dJlrm:R,l'()1 Y,\,,, ,."-~ \~"'-'~r_;~'~~/~ '
tile " , ,-"" ",.,,,--~Ci~~I~F 'VI (t~' .:},;r"~"':"<i:,:_:','"
""~-"";11:0' ~rl:;)~i,\I!~1 t, '11:..3jl.J\\~~ fll'lr\i~,i)l
,~ ~"::, ~I:!ii"i ""', 1~\ ',P-,oi, i~.) liI,~,,:,'l \J;'\\ . ""I ~ " '.'.; 18_...."""",. ,,:s.,,;, '. v., '"
'::...1",,,;':; I' ('.~:'\~:,~, ^ ~ t~) II ~I"-;}\I'<"=\:/',jh \< "~. '~ ',=..':=<~ ~ .~, '~ \~
cr."'" ' --.' , ~~ _~~ Ij t~: ~-~, ~I \ "J.,~l '\ <:::~ t~.~ ~<<{b{1, / ~:)\ \\tM:',
. -,-:/' 'i ~'Ylew Dr ~ --!' ,='" ' l --'= \~// ~=- ~'-ll/ l-, r~;-:i% .
':'==~:'\ " ,~ ' ' ~,~ "',. ",~ 1 II 1\_ .,;-- _.-'. >',A) \1. 1L^ \~,
!I'::~- M' \' _'il" -.-,:, ~~...C\. 1"~..A'~"''1'''%;;'-'F.' ;'ti
',,', --,;:(, I,_~--- \ , 1 _ "t "", .~
',,,,,,,,="'-,, QUI:l"~~)- ~ ~ ~'" '1 \'\. '\" =-"'\ ~"r, ~ '1 ~~(\
I Ami~ao. 11':-::':"" -L'9""'-' :~"' <;1 '\:" ~ \\~/~ ,(--- ;... .f'~\-:: '~,':,'o,,- ,"-
,", , - \ ,-,V1', c'-' 1 ~ 0.' \\'" ,\ .
,'" ournll~_=-,,>> ~~""l ", 'i\~' \ !~, Wol'mlllYi'tarPQ
1 't:-- - "'~~,,"ldl\..~t\ <,~ '\ '\ .:t~/.J'ii..'""" -~,l
"Seala~~"'tk"'", --- "'>-.\1' - 4'~~'" '(J Ii! ~~-:-~),J:' \\ I "" ~Y~~~'(\ .x#'9q~,
I ' ',,~ (p, - iJ ", ,,, ,..."" -." I \. .it ~~, ~ \ 'RJ.~- "'""
;i \ l '1_' ."''''':'d '\ ,,- 'r:P'" >t~J .A-4'-" !
",i '1-, . ~ ~"'" -~"" .. '1/ ,'~ c"
HI,.,,;;, ~ ...."", ,,;,;c ,p'" #-~ "l,,~" 'I
Sin.r,':, I', I~.~ I ~ ~,' ~",j ,,~'==-~.t I~ I) ,r" i ) ;d",* "\ ;
1& 'ii I 'I~ ~ ~ -}~ \ \~ J - '!It' -, ~ ,~~ t,l,r
;f 11 k!l, "\, I .: ;'-'. :::\'~.\> ~. 'il" '" ("~; ~~~~:lI!i ~ \ '" ,. c,
".~\:::'~:V;"~:.l~.\=\ \ ..J ,f \ t,,,,, \\..-~ .....,-,,'~4, Wti!ShO"''t-, t-- ~,\ t,l~\". r 'I\I..--l~(::;::~l
I~__r I> \ ,1 \ 1',:~~~l;J'...."t, --.. CoUntry \\,-~ ~ ~ft \,.. /: _~.....-----'11 "
~~\ 'i\ \\-: ~II~,I 1 ell 1\ \ ~;:,~,-~ '-:~I ,l', ~ Club :',..F-" "-'~\" Wi"'\ ~~-"1--11 ~ Ot" \';;,
i, \~ \~II ~: ~ :\, c~ '''7:;-~ ',\ 1I, ~ '. ;)\ \)~jl ~ntr~~:J~,.:~\:;::::r~('f\ \11 = J""'9~)l
1 \'~II f\11 S2 ~~ 1\, \ 10. 0 ~ ~..,. 't...,.,,=', t/
'" \1" 'O!,,, /lV'~ 1 J 1iT,{,'(" ~ -rrlr ~ , '._ II, ~
~ ~)nJ~~"(Q, ~ 0'1 ~\\~:; '~~~" ~"""",,,~:S"-l'/.:~:~\~~ ~i ~ ~_\''''''' \. ~ l'
.,.~.,'.".'" ~:';t~ "~, .\ ~:~!\::"''';;'''' ' ~\~O~-=~:"lf1fM" ",1.~~,~..Jr':-:r 0; '\'~":'-'>c
,~..~+., '<,'l~1l'\' ,.~,' ,W&i ",.,,\ \!-=,?(~,_I. ~ ,l,_i[" +/ /"
'j, \....\1,.'9.. 0Ii, ~\~\ ' llf'F'J~'lil"~~at ~,,~\..'&>-,JI,"l1\\'I'___,JI=\ .~~l.o>,{~, _
'.1 I" ""II \_1 - " .~ "~~~ 1J'\A~rf-f!ii"U ,1';;},,,-~:;;;;t:L,,\/ '
.=~~. . 1[1 11 ,~, - <'":::L~tM~\,-~],_:t.J :.:_ ~_ ~~- -~~~~~ II ~~:;l> <<;,( ~
!i'~6:~___"..:./ \T '~:~~:I'::' --=--;:=~~lC~~~ ~r-~"'~flt~"".;\~~~,..d
~"~-_Jl s~J:I.L-__==-:--==-..:.=.carv.S-e;;p,\~ i;t.ee~\;$.-(I::-,', -~> 11.- ,,:,~~I] ...~ .~~"".,.,\\ '~~IIij). "':; ...-::
-i';'S-:-.".,.."". .f---~"'r:' , gi:;,q" -' 'I, ~ ~\,-=,t:~.-)\ ,...!! FI~I. <n "-~--.1l~~&.\'" '~"VJ
. '-::'"~ ',- I --11- -- . ~ '*/ " ~ \ ~ , ,.", l: Fields \i Ot>"'''''~~' '",-, '
'~'''"'^'i&?:'... II \ ! , "------CtJee, 3t" Yo I, ~\:.~ \~ \...,.~ 'W _....1' - ~ _' e '" _~
H""'Pde;:lr~~~ )(;;\~~~"..,...,J;,~,/:_-"'\~~\)'''''') __",JV ~ ~ ~__:_~/_ ,_- ,,=~t~
:jov.ru:h1~'1 --------"-i \ ,.;;;;:;::t~~~'~ ~-r_O II 9.\,:M -'1 '<-'::""'<A i=",".t
'0<" .%i)p:~=c:tYf,...ll!((~~~~,--~_:":" .-=_"'.~" .../~;,,"Z'4:0;:,,!~~'~~j~i
-~..~-,lJUL~"1/> 1, """\. >' '\."" 1"'''' #"\'-1 I. "'q.,\""'''''''~' A"
- ,.~~31 ~..'K-'il', :;;;'~'~'r"':.,::!l-:'-t{." __.._'" ~"_.~? 'l:qr'i~~'LJ,.~_:::=-<>l!t'ii~ ~~/;",,,, . 'S,R'~~~-=:;;~SiC
"'.~"'OI)' 'll!! ,>~QWII" ,'~ -""'% _r" II. \-~r--lC)1 j\ y t", ",=, "".f3 .." ;;~ 'I
~:=. i,~ _ :,,-- . ~-. _.___"-"--<"~-- ___~_;:_ll.' 1i!1ii -If'.!.t II "'I""""i':' J' \f~iv",,~,\\~'rC""i'll_~~i
, .' .'. ," 'l. ~'" ",,"'>-- lL!! JUI I ,~d, f ,1\,., ",'i;, " :P _".'
.., _,," - Jt';;'C, .i'\ _~".." :\.:/),>t~"", / '~""# ~~~:=:;
" ~\I'(l8i""~~~o-r" ~''''' \) \ -< );< ~ Cap~ ~, 1. ""-"<,,,,,~...,::,..
-~ - 5\., i1, ~ ~,~\ ~"-- I ''''~$ ~, \ \.~:-/ 1::l CItJo'::S7"n 'i- ':.
HoIIH.~~~...~~\->-~-5"', <~,,'IL""Z\I" 2}'o,'" ..J'-' ~",
-- ""~ \tl:,rs.- -""\ ~~= ='~ ' /.JP" ,;;r'''l<,. '~"Jbv ' =!>
~ I!~-=~_~) * >~.~ 'r~w~:'~ ~?"' ~'ff"\tt\ '\,::'(;1 \', "
.~.~ h--"~") " ""1""~). _1-; ~:p" _~~,.~-#''' . "j"._--:=::._
~~;-i:j."'.a,~" \ ';>-jr;,,~~~'. O=~;'<~Z~D'f /'~ -- --~ .,-"
M'''. !!l;. if?' '\ >",r , ,
"....,'.....~~ti;'t\:,'/ '~)5S:l:,.:-' >fi,.;~(:~;V~.~~),,~.~f
\.-" ,. W,. 1; 'I
~. ,i~,1.--' --," .',\" .";?)f::;.:,>('^'~::'>~t ~~
4 ". :'_::__'_ <:;,'}:;::-/:::{~~y~/ \ ,. t!;
-- - ,,",-,~:;?}:;;>., .~"-- 0,,, ",. \. '\- f"'tilv' ~
- '1 -',. .r;>,:'__ ).,:~:':;):;~_~ir>J' i ", ~t ,
,,"-.<fI,.,.......,..,..:. "'"' "i,. " I, ,
:-t""' .; \,~~- J:;0v _~,. \-~-;-~' -"' '~~~';dt;,'
S,^ {- '':~~"~''.''\''1'_~'W-<'", "ll;}3~,MfI~=,""~,"
~Mi.,..OlIc..,eaoo3~~~~T.WIoI. ~'". "H=""" '/ .,=.="___ ~,__"'\
,'--'
". "'" ">'
\_-~ "do' ,
~.:c
II:
i
\1
Ie
('. i,
'\1"""-"1
/:.
.'
,
Form MAP.lOC - "TOTAL for Windows. appraisal software by a Iii mode,lnc.-1-800-ALAMOOE
REV-150JEX+ (6-98)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE B
STOCKS & BONDS
ESTATE OF
FILE NUMBER
P. Joseoh McGrath
21 04 1052
All property jointly-owned with right of sUlVivorship must be disclosed on Schedule F.
ITEM
NUMBER
DESCRIPTION
VALUE AT DATE
OF DEATH
1.118 Shares
Manulife Financial Corporation
5,160
3W46961.000
TOTAL (Also enter on line 2, Recapitulation) $
(If more space is needed, insert additional sheets of the same size)
5,160
REV-1508EX+ (6-98)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE E
CASH, BANK DEPOSITS, & MISC.
PERSONAL PROPERTY
ESTATE OF
P. Joseph McGrath
FILE NUMBER
21 04 1052
Include the proceeds of litigation and the date the proceeds were received by the estate.
All property jointly-owned with the right of survivorship must be disclosed on Schedule F.
ITEM
NUMBER
DESCRIPTION
VALUE AT DATE
OF DEATH
1
2002 Cadillac E1dorado
(See Attached Used Car Appraisal
Report)
21,500
2
2004 Federal Personal Income Tax
Refund
2,839
3
Cash
56
4
Department of Veterans Affairs
(Medical Reimbursements)
86
5
Personal Property
(See Attached Inventory)
2,350
3W46AD 1.000
TOTAL (Also enter on line 5 Recaoitulationl $
(If more space is needed, insert additional sheets of the same size)
26,831
MAKE
V. I.
NO.
CONDITION COST REPAIR~
$
FINISH
BODY AND TOP
FENDERS
TIRES
STARTER
BATTERY
MOTOR
TRANSMISStON
REAR AXLE
\NT~RIOR
JACK
o BRAKES
POWER -0 STEERING
o SEATS
POWER ~D WINDOWS
AIR COND1TlONlNG
APPRAISE~ BY ~ TOTAL COST RfPAIRS $
USED CAR AVEf!AGE VALUE
SfJl1J( DEDUCTION FOR RECQNDITlQNING
ALLOWANCE
299
0009-l>tf <Utl
9Z:Z~1 'v'd 'q~lOqSU!d ';mU;)A'v' ,(U;)q!11S;)!t\ 911Z
J;)8eU1!V11 Je:> J>;)Sn
3'ldW!l.S Wlf
..:~ ~~"!~ ~.)
-~-
/)!;JJ!JI!:;; "":.. :::::=-
-
H~nIHO~ ::..
PATRICK JOSEPH MCGRATH
List of personal property 229 Wood Street, Camp Hill, Pennsylvania, 17011
Living room set ( couch, 3 chairs, 3 end tables, 3 lamps)
Piano
Rocking chair
Dining room set
Dishes, pots and pans, etc.
Master bedroom
Guest room(s)
Porch furniture
Basement odds and ends
Stereo (broken)
Sewing Machine(needs repair)
Pictures
Drapes
Washer/Dryer
500.00
250.00
50.00
500.00
50.00
250.00
250.00
25.00
200.00
25.00
25.00
25.00
50.00
150.00
TOTAL
$2350.00
REV-1509EX+ (6-98)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
P Joseoh McGrath
SCHEDULE F
JOINTLY-OWNED PROPERTY
FILE NUMBER
21 04 1052
If an asset was made joint within one year of the decedent's date of death, it must be reported on Schedule G.
SURVIVING JOINT TENANT(S) NAME
ADDRESS
RELATIONSHIP TO DECEDENT
A.
Speaker, Caitlin M
32 Timber Knoll Drive, Washington
Crossing, PA 18977-1000
Granddaughter
8.
Speaker, Colin D
32 Timber Knoll Drive, Washington
Crossing, PA 18977-1000
Grandson
c.
Speaker, Kathryne M
JOINTLY-OWNED PROPERTY:
ITEM
NUMBER
""""
FOR JOINT
TENI\NT
DATE
MADE
JOINT
J:ESCRIPTION OF PROPERTY
INCLUDE NA.ME OF FINAl'.CIAL INSTITtJTlON Ar-v 8~ ACCOlJ'.lT
N..MBER OR SIMIlAR 100NTIFYING NUM8ER. ATTACH DEED FOR
JOINTlY-H:LD REAl ESTATE
DATE OF DEATH
VALUE OF ASSET
%OF
DECD'S
INTEREST
DATE OF DEATH
VALUE OF
DECEDENrSINTEREST
1. A.
1
D
3/1/1987 1 Series EE Bond, See
Attached Inventory, Item 7
12,640 50.0000
6,320
2
C
Varies* 25 Series E and Series I
Bonds, See Attached
Inventory, Items 8-32
283,424 50.0000
141,712
3
A
3/1/2001
3 Series I Bonds See
Attached Inventory, Items
1-3
36,252 50.0000
18,126
4
B
5/1/2001
3 Series I Bonds, See
Attached Inventory Items
4-6
18,822 50.0000
9,411
*But None Within a Year
of Date of Death.
3W46AE 1.000
TOTAL (Also enter on line 6 Recanitulation' $
(If more space is needed, insert additional sheets of the same size)
175.569
Estate of: P. Joseph McGrath
Name
C Speaker, Kathryne M
D Speaker, Michael P
Schedule F Part 1 (Page 2)
Address
32 Timber Knoll Drive, Washington
Crossing, PA 18977
1441 Florida Avenue, N.W. #3A,
Washington, DC 20009
098-03-7292
Relation
Daughter
Grandson
t::
o
Co
Ql
0::
~
o
-
t:
Ql
>
t:
~
o
~
c
OJ
>
c
OJ
>
:;:;
()
<{
l!)'<t
00
00
NN
--
(')0
N
~
o
.&
o
z
>-
-
.;:
OJ ::l
roni.!
2o::~
8g~
......au:
c.~
(tQ.1n
OJ Q)
~
u::ss
t: '"
_0
><
Q)
z
... i< i< ... i< oj<
U')L!')L[)l!)L!')L[)
CLCLCLCLCLCL
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
L!')L!')L!')L!')L!')L!')L!')L!')L!')U')L!')L!')L!')L!')L!')L!')U')L!')L!')L!')L!')U')
CLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCL
~
OJ
0>
ro
CL
~~
-
'<t
o
~~~~~~~~~~OOO~~~NNNMMMOO~~~NNMMM
MMMMMM~~~~MMMMMMMMMMMMMMMMMMMMMM
00000000000000000000000000000000
~~~~~~~~~~-NN~~~~~~~~~~~~~~~~~~~~~
""'n,~'~J~J"".J"".J NNMMM~~~v~~NNMMM~~~v~
00000000000000000000000000000000
~~~~~~L!')L!')L!')L!')~~~~v~v~v~vvvvvv
00000000000000000000000000
00000000000000000000000000
~~~~~~NNNNNNNNNNNNNNNNNNNN
~~~~~~MMMM~~~~~~~~~~~~~~~~
~~~~~~OOOO~~~~~~~~~~~~~~~~
..,...,.
00
00
~~
~ ~
~ ~
oq-vvv
0000
0000
~~~f:::!
.................. ......
.................. ......
~~~~~~*~*~*****~~***~
~L!')L!')L!')..................~~~~NNNL!')L!')L!')m~~v
~~M~OOroOOMMMM~~~MMM~~~~
~L!')~L!')~~~~~~~~~~~~~MMMM
oR.'#.'#.
~~~
C') C') l()
'#.'#.'#.'#.'#.'#.
NLt1Lt1I.()CDCD
I"--~~MCDCD
u1Lt1Lt1u1MM
'#.'#.'#.
;:1;;:1;;:1;
MMM
~.'#.'#.'#.'#.'#.'#.'#.'#.'#.~'#.'#.~'#.'#.'#.'#.'#.'#.'#.'#.'#.'#.'#.'#.'#.'#.'#.'#.'#.'#.'#.
wNNNNNNOOOONNNNNNOOOOOONNNNNOOOOO
~~ooro~~~oooorooo~rooooo~~~ooooorooorooo~~ooo
~Lt1u1u1~~~~~~~~~Lt1~~~~~~~~~~~~~~~~~~~
000000
OOOOO~
Q)...t...t...t...tNc.O
:JrooorotOrol"--
('Q:O~~O~I"--OO...-
> ~ ~ ~ :;::-tti...--
<It
000000000000
000000000000
ooodNNN~~~o:icci
~~~~...-...-...-oorooo~~
CD~CD~tOOOOOOOOO
NNNNMMMNNN"":"":
...-...-...-...-...-...-...-...-...-...-...-...-
000
000
000
.....,.r--
l()l()N
...-aatti
~
o
C!
CO
..,.
o.
~ ~
000000000
~C!qqqC!q~q
NN~~~OOo:;lOO
..-...-rocoro~~~~
0000000Lt1Lt1
MMNNN"":"":OO
..-..-..-..-..-..-...-..-..-
o
C!
o
r--
N
L6
000000000000000000000
_~o~~~~~~~~~~~~~~~oooo
~~~~~NCDooooNNN~~~rocciccioo
~roo:;lroCDCOI"--~~~~...-..-...-coroco~~~~~
Q)OOO~ro"'-CDCDCDCDOOOOOOOOOLt1Lt1
-N'N'N''''': ~~~~MMMNN'N....:....:....:
..!:<It
000000000
000000000
dNN-q:~~o:icOo
~...-...-oococo~~~
NOOOOOOOI.()
MM-NN~N~"":"--
00
00
00
...r--
l()N
0000
~~~~
Q)OOOO
(,)0000
.~ 0 0 0 0
0..0000
..-..-..- ...-
<It
;:
.0
"l
N
.<;;
~
c.9
"
::;;
0;
c
OJ
E
::l
"
o
o
>>
::;;
-
~
Q;
0>
t:
ro
>
W
o
0;
0>
e
""
Q5
rJ)
"0
e
ro
<n
C
OJ
E
::l
"
o
~
U
000000000000000000
~~o~~~oo~~oooooooo
000000000000000000
000000000000000000
000000000000000000
tti....:ttittittittiooaoooooooo~
0000000000
0000000000
0000000000
0000000000
0000000000
oooooooootti
..-..-..-..-..-..-..-...-...-...-...-
...-...-...-..-...-...-...-..-...-
..-...-..- ...-
~sg888
U)('Q:~~~~
,,!!!CMMMLt1
0000
..-...-~~~I"--
oororororo
oocncncncn
~~:!::!::!:~
Lt1Lt1MMMM
000000
NNMMM
00000
00000
~~~~~
...-...-~~~
00000
OOO"-"-"'-NNNMMMOO...-...-...-
00000000000000000
00000000000000000
~~~~~~~~~~~~~~~~~
NNNMMM"-"'-"-~~~NNMMM
00000000000000000
~
'"
.0
E~NM~~~WWWW~~m~~ffi~oomNMoo~ffi~oomo~o~m
:Jcncncn..-tO~WWWWCDCDtOcncncn..-...-...-~~I"--CDCDcncncnNN~~~
Zcncncn...-CONO~Lt1CDOOOcncncnooo~~ooocncncnoo~~o
OOONcntOMNNNOOOOOOCDCDCDCDCDCDOOOOOCDCDCDCDCD
~NNNI.()CDO~~~~~~Lt1NNNCDCDCDI"--~N~I.()NNNCDCD~~N
.~:;:::;:::;:::;::~~~~~~~~~:;:::;:::;::~~~~~~~~:;:::;:::;::~~~~~
Q)OOOOOOMMMMOOOOOOOOOOOOOOOOOOOOOO
~OOOOO~"'-"'-"'-"'-OOOOOOOOOOOOOOOOOOOOOO
XXXX>~XXXXXXXXXXXXXXX>XXXXXXXXX>
E8888888888gg88888888gggggggggggg
000000000000000000000000000000000
Cooootti"":oooooooooaooooottioooooooootti
Q)..-...-...-...- ...-...-...-...-...-...-...-...-...-...-..-...-...-...-...- ...-...-...-...-...-...-...-..-...-
o <It
<n
'"
"L:------
'"
(/)
wwww
wwww
U)
"'0
e
o
(l)
I
~"'-NIM~i~CD~COcn~:;::~~~~~~~~~~~~~~~~~~gM~
el::l:: .....
...-1...-1-..-1 CLl
...............l::l::l::ra>-
.w.w.w...-I...-I...-I..c:..c:
...-1 -..-I -..-I ,......j r-I r-I ().w
ra ra ra 0 0 0 ..... ra
UUUUUU::E:~
>
I.O~
00
~~
-0
~.--
:;r .'
02
ro
"0
2
roo>
0,%
c';::'
'co...
0-2
ir.
~
o c:-
O.o
Cl)-c
" Q)
.".
~.s
o Q)
~?
.... ',,",
Cl).::f.
~
-
~
C)
l-
'"
'0
'"
g,
0..
'0
'"
~
!!l
'0 C'O
cQ;lo
g11ec:s
:J:Q)rog~
:J:,...~'i:b"'O
~oU')~~
....'Zif)-o~
0(/)'- C1) C
....- (ij"O (:'<\l
~s;. C (\\~
-g~3~~
Q.'I 0 QJ 0,""
~'o..G t,) 0
ro\:;~-o
.s:;.-c~2
~z:J ~ (/)
ul. z;-o..5
~ mo<p
ro-c~-5
~~~~S
....~_f/)....
:J~(I):Jo
~ o.~~';'
c:. .... c.> 0......
";;'oc.~<u
t,f)-,- ~~
.- (l) ;; <l) ""
"0:0_:;<"'0
c._ 5 (j,) ro
g~E~~
\ IJo,I ......
lJ,l(i)C'1Q.'1"'O
:i?'-ro.o~
. o~~.~
Z'OE",
'" ~ c
-0._ Q~._
'5~.~ ro~
J> 0'00,"
:J: %J t: 01 .-
:J:'WO'>:;
,oIt-~,CJ 3-
c~", c:- . ~
<\l_ 0> (\\"'0 IJJ
...... """ ::. c ......',
.52 "" CO ':2
-0 rtl ro.o ;0..0
G)-O~"1:r. ro
~c '!)'o;:t: (5
'fu g "''% 'fu <.)
~~~........ ~
)(......000 f/l
l.UCc.~'; ~
IJ) ro.- <l:l Co)
ro....-O~cn E.
~$ ~::i g :J
"'O$l{j,'{},.c f.)
c: .0 ,_._ (.) 0
3 m ~ %Q 0
;..~" ".~ ~
w2!u.iu.l~ ~
ouJ.u..l- t
~'6o~ ~
c"O--~
~~~~()"
a>-o'C'C
..c,Cc;lQ){j)
!/lror./)(/)t}j
5-oevro3
l/'Je.<n.~~
(\\.3-0-00
3~c5.o
~ B.o.-
o (Jl \ -
D'.o \t) '"
-ca..
GE.
Z
'lO
REV-1510EX+ (6-98)
SCHEDULE G
INTER-VIVOS TRANSFERS &
MISC. NON-PROBATE PROPERTY
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
EST ATE OF
P. Joseph McGrath
ITEM
NUMBEI:
1.
3W46AF1,OOO
FILE NUMBER
21 04 1052
This schedule must be completed and filed if the answer to any of questions 1 through 4 on the reverse side of the REV-1500 COVER SHEET is yes.
DESCRIPTION OF PROPERTY
II\CLLOE TI-E N'\ME OFTI-E TRAJ\GFEREE, THEIR RELATIONSHIP TO DECEDENT AAD
TI-E DATE OF TRAN,FER ATTACH A 00f"f OF TH:: DEED FOR REAL ESTATE
PNC Annuity Contract #57283798
Beneficiary: Kathryne Speaker,
Daughter
2 PNC Checking Account
#5140040357
(This account was titled
jointly with Kathryne Speaker,
daughter of decedent, within a
year of the date of death.)
3 PNC Savings Account #5130102542
(This account was titled
jointly with Kathryne Speaker,
daughter of decedent, within a
year of the date of death.)
DATE OF DEATH
VALUE OF ASSET
40,573
% OF DECO'S
INTEREST
100.0000
1,133 100.0000
15,677 100.0000
TOTAL (Also enter on line 7, Recapitulation) $
(If more space is needed, insert additional sheets of the same size)
EXCLUSION
IF APPLICABLE'
3,000
TAXABLE
VALUE
40,573
o
o
1,133
12,677
54 3B3
REV-1511 EX+ (12-99)
SCHEDULE H
FUNERAL EXPENSES &
ADMINISTRATIVE COSTS
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RES DENT DECEDENT
ESTATE OF
P. Joseoh McGrath
FILE NUMBER
21 04 1052
Debts of decedent must be reported on Schedule l.
ITEM
NUMBER DESCRIPTION AMOUNT
A. FUNERAL EXPENSES:
1. Auer Funeral Home 1,650
2 Catholic Cemeteries 575
Total from continuation schedules . . 4,526
B. ADMINISTRATIVE COSTS:
1. Personal Representative's Commissions
Name of Personal Representative(s)
Social Security Number{s) f EIN Number of Personal Representative(s) - -
Street Address
City State lip
Year{s) Commission Paid:
2. Attorney Fees 10,540
3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation)
Claimant
Street Address
City State Zip
Relationship of Claimant to Decedent
4. Probate Fees 399
5. Accountant's Fees
6. Tax Return Preparer's Fees
7.
1 AT&T 217
2 Boyd E. Diller, Inc.
(Waste Removal) 45
Total from continuation schedules . 2,281
TOTAL (Also enter on line 9, Recapitulation) $ 20 233
3W46AG1.000
(If more space is needed, insert additional sheets of the same size)
Estate of: P. Joseph McGrath
Item
No.
3
4
5
098-03 -7292
Schedule H Part 1 (Page 2)
Description
Amount
Funeral Luncheon
1,983
Good Shepherd Church
(Fees to Church re: Organist,
Priest, Altar Servers, Deacon,
etc.)
520
West Shore Country Club
(Funeral Reception/Lunch)
2,023
Total (Carry forward to main schedule)
4,526
Estate of: P. Joseph McGrath
098-03-7292
Schedule H Part 7 (Page 2)
3
Cumberland Law Journal
75
4
Hampden Township
( Sewer/Trash)
230
5
L.S. Joseph Plumbing
(Repair of Faucet; Repair Ice
Maker Line)
233
6
PA American Water
234
7
PennDot
(Car Registration Renewal)
36
8
PPL
27J.
9
Randy Ulsh, Appraiser
300
J.o
The Sentinel
86
n
U.G.I. UtiJ.ities
664
J.2
Verizon
no
J.3
Veterans Affairs
(Add'l Death Certificates)
42
Total (Carry forward to main schedule)
2,28J.
REV-1512EX+ (12-03)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
P. Josech McGrath
SCHEDULE I
DEBTS OF DECEDENT,
MORTGAGE LIABILITIES, & LIENS
FILE NUMBER
21 04 1052
Report debts incurred by the decedent prior to death which remained unpaid as of the date of death, including unreimbursed medical expenses.
ITEM
NUMBER
1.
OESCRIPTION
VALUE AT DATE
OF DEATH
AT&T
57
2
Chandler Hall Hospice
2,232
3
Comcast Cablevision
42
4
Department of Veterans Affairs
(Medical Payment)
65
5
Dr. ziemba
32
6 GM Card
7 Langhorne Physicians
8 PA American Water
9 PPL
10 U.G.I. Utilities
11 verizon
109
32
35
39
111
15
3W46AH2,OOO
TOTAL (Also enter on line 10, Recapitulation) $
(If more space is needed, insert additional sheets of the same size)
2 769
REV-1513 EX+ (9-00)
SCHEDULE J
BENEFICIARIES
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
P. Joserh McGrath
NUMBER
I
NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY
TAXABLE DISTRIBUTIONS [include outright spousal distributions, and transfers
under Sec. 9116 (a) (1.2)]
Robert J. McGrath Trust Under Will
1
50% Residue: 75,726
2
Caitlin M. Speaker
32 Timber Knoll Drive
Washington Crossing, PA 18977
3
Colin D. Speaker
32 Timber Knoll Drive
Washington Crossing, PA 18977
4 Kathryne M. Speaker
32 Timber Knoll Drive
Washington Crossing, PA 18977
50% Residue: 75,726
FILE NUMBER
21 04 1052
RELATIONSHIP TO DECEDENT AMOUNT OR SHARE
Do Not List Trustee(s) OF ESTATE
Son
Granddaughter
Grandson
Daughter
75,726
36,252
18,822
271,821
ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE, ON REV-1500 COVER SHEET
II NON-TAXABLE DISTRIBUTIONS:
A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
3W46A11.000
TOTAL OF PART II - ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET
(If more space is needed, insert additional sheets of the same size)
$
o
Estate of: P. Joseph McGrath
098-03-7292
Schedule J Part 1 (Page 2)
Item
No. Description
Relation
Amount
5
Michael P. Speaker
1441 Florida Venue, N.W. #3A
Washington, DC 20009
Grandson
6,320
REGISTER OF WILLS
CUMBERLAND County, Pennsylvania
CERTIFICATE OF GRANT OF LETTERS
No. 2004-01052 PA No. 21-04- 1052
Esta te Of: MCGRA TH P JOSEPH
(Lasr, First, Middle)
a/k/a:
Late Of:
MCGRA TH PA TRICK J or MCGRA TH JOSEPH
HAMPDEN TOWNSHIP
CUMBERLAND COUNTY
Deceased
Social Securi ty No: 098-03-7292
WHEREAS, on the 17th day of November 2004 an instrument dated
December 28th 1990 was admitted to probate as the last will of
MCGRA TH P JOSEPH
(Last, First, Middle)
a/k/ a MCGRA TH PA TRICK J or MCGRA TH JOSEPH
late of HAMPDEN TOWNSHIP, CUMBERLAND County,
who died on the 24th day of October 2004 and,
WHEREAS, a true copy of the will as probated is annexed hereto.
THEREFORE, I, GLENDA FARNER STRASBAUGH , Register of wills in and
for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby
certify that I have this day granted Letters TESTAMENTARY to:
SPEAKER KA THRYNE S A/K/A and SPEAKER KA THRYNE M
who have duly qualified as EXECUTORIRIX)
and have agreed to administer the estate according to law, all of which
fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE,
CARLISLE, PENNSYL VANIA.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal
of my office on the 17th day of November 2004.
JAI' nJ"lJ,',n,^1~1~
eglster 0 lis .:=:t...
~
* *NOTE* * ALL NAMES ABOVE APPEAR (LAST, FIRST, MIDDLE)
WILL
I, P. JOSEPH McGRATH, ajkjaj PATRICK J. McGRATH, ajkja
JOSEPH McGRATH, of Cumberland County, Pennsylvania, make this my
Will, hereby revoking any and all wills and codicils heretofore made
by me.
ARTICLE I
;:
Debts
--,
"'"
~
--.!
J
Section 1.1. Payment. I direct that my, debts~nd the
expenses of my last illness and funeral be paid out of my estate as
soon as may be convenient after my death.
ARTICLE II
Tanoible Personal Propertv
Section 2.1. Gift. I bequeath all the tangible personal
property which I may own at the time of my death, together with any
policies of insurance thereon, to my wife, JEANNE M. McGRATH, if she
survives me by 30 days. In the event my wife fails to survive me by
such period, I bequeath to my children who survive me so much of
such property as each of them may select and in such shares, whether
equal or unequal, as they may determine. Any property not so
selected shall be sold and the proceeds added to my residuary
estate.
ARTICLE III
Residuary Estate: Creation and Disposition
of Residuary Trust
section 3.1. Creation of Residuary Trust. If I am
survived by anyone or more of my wife and issue, I devise and
bequeath all the rest, residue and remainder of my estate, real,
personal and mixed, wherever situate, to the Trustees appointed in
section 5.1 to be held in a separate trust to be known as the
"Residuary Trust."
section 3.2. Disposition of Trust Estate Durinq Life
of MY Wife. If my wife, JEANNE M. McGRATH, survives me, the
Trustees shall hold, administer and dispose of the trust estate of
the Residuary Trust as follows during the life of my wife:
(A) Distribution of Income. The Trustees shall
quarter-annually distribute the income of the Residuary Trust to, or
expend the same for the benefit of, my wife. Any income of the
Residuary Trust on hand or accrued as of the date of the death of my
wife shall be distributed to the estate of my wife.
(B) Discretionary Distribution of Principal. The
Corporate Trustee may at any time and from time to time distribute
the whole or any part of the principal of the Residuary Trust to, or
expend the same for the benefit of, my wife all as the Corporate
Trustee may determine, considering other resources available to my
- 2 -
wife, to provide for her health and support in the manner of living
to which she was accustomed at the time of my death.
section 3.3. Disposition of Trust Estate After Death
of mv Wife. If my wife survives me, after the death of my wife, or
upon my death should my wife predecease me, the Trustees shall
distribute the trust estate of the Residuary Trust as follows:
(A) If my son, ROBERT J. McGRATH, is then living, the
Trustees shall create a separate trust to be known as the "Robert J.
McGrath Trust" and shall distribute thereto one-half (1/2) of the
trust estate of the Residuary Trust, to be held, administered and
disposed of in accordance with the provisions of Section 3.4;
(B) If my son is not then living, the Trustees shall
distribute the lesser of one-sixth of the trust estate of the
Residuary Trust or Two Thousand Dollars ($2,000) to my son's issue
then living, per stirpes; and
(C) The Trustees shall distribute the remainder of the
trust estate of the Residuary Trust to my daughter, KATHRYNE S.
SPEAKER, a/k/a KATHRYNE M. SPEAKER, if then living, or, if my
daughter is not then living, to my daughter's issue then living, per
stirpes, or, if there shall be no such issue then living, to Good
Shepherd Church, of Camp Hill, Pennsylvania.
- 3 -
section 3.4. Robert J. McGrath Trust.
(A) Applicabilitv. The provisions of this Section shall
be applicable to the Robert J. McGrath Trust, but for convenience it
is hereinafter referred to as the "Trust".
(B) Distribution of Income. The Trustees shall
quarter-annually distribute the income of the Trust to, or expend
the same for the benefit of, my son for life or until the earlier
termination of the Trust.
(C) Discretionarv Distribution of Principal. The
Corporate Trustee may at any time and from time to time distribute
the whole or any part of the principal of the Trust to, or expend
the same for the benefit of, my son, all as the Corporate Trustee
may determine, considering other resources available to my son, to
provide for the health, maintenance and support of my son or to
assist my son to purchase a home. In the event the trust estate of
the Trust becomes insufficient in the opinion of the Corporate
Trustee to warrant the continuance of the Trust, the Corporate
Trustee may distribute the entire trust estate thereof to my son and
in that event the Trust shall terminate.
(D) Distribution After Death of Son. Unless sooner
terminated by distribution or expenditure of the entire trust estate
thereof in accordance with the prior provisions of this Section, the
Trust shall terminate upon the death of my son. The Trustees shall
distribute the trust estate of the Trust (including any income of
- 4 -
the Trust on hand or accrued as of the date of the death of my son)
to my daughter, KATHRYNE S. SPEAKER, if then living, or, if my
daughter is not then living, to my daughter's issue then living, per
stirpes, or, if there shall be no such issue then living, to Good
Shepherd Church, of Camp Hill, Pennsylvania.
section 3.5. Deferral of Distribution to Minors.
(A) Separate Funds. If any beneficiary entitled to
receive a distribution of property of my estate or of any trust
created under this will (whether by reason of any mandatory
provision of this will or any exercise of discretion by the
Corporate Trustee or otherwise) shall be a minor, such property may
in the discretion of my Executor or the Corporate Trustee, as the
case may be, be distributed to him or her or be distributed to the
Trustees to be held in a separate fund until the beneficiary attains
majority, at which time the then trust estate of the fund shall be
distributed to the beneficiary outright. During the continuance of
the fund, the corporate Trustee may at any time and from time to
time distribute the whole or any part of the income or principal of
the fund to, or expend the same for the benefit of, the beneficiary,
or may accumulate the whole or any part of the income, all as the
Corporate Trustee may determine to provide for the health, education
(including preparatory, college and graduate education) and support
of such beneficiary.
(B) Death of Beneficiarv. Upon the death of a
beneficiary of a separate fund prior to the distribution or
- 5 -
expenditure of the entire trust estate thereof, the fund shall
terminate. The Trustees shall distribute the trust estate of such
fund to the issue then living of such beneficiary, per stirpes, or,
if there shall be no issue then living, to the issue then living of
the beneficiary's parent who is an issue of mine, per stirpes, or,
if there shall be no issue then living, to Good Shepherd Church, of
Camp Hill, Pennsylvania.
section 3.6. Distribution In Other Events. In the event
that at any particular time the whole or any part of my residuary
estate or of the trust estate of any trust or fund created under
this Article shall not be distributable in accordance with the prior
provisions hereof, such property shall be distributed one-half to
the persons and in the proportions determined under the intestate
laws of Pennsylvania then in force with like effect as if I had died
at such time, intestate, unmarried, domiciled in Pennsylvania and
owning outright such property and no other property and one-half to
the persons and in the proportions determined under the intestate
laws of Pennsylvania then in force with like effect as if my wife
had died at such time intestate, unmarried, domiciled in
Pennsylvania and owning outright such property and no other
property.
ARTICLE IV
Miscellaneous
Section 4.1. Nonalienation. The income and principal of
- 6 -
any trust or fund as shall or may become distributable to any person
(whether the interest of such person be present or future, vested or
contingent, direct or indirect) in accordance with the provisions of
this will shall not, until the actual distribution thereof to the
person entitled thereto, be subject to the debts, obligations,
liabilities or engagements of such person, or to execution,
attachment or other judicial process of whatsoever character and
howsoever termed, or be assignable voluntarily, involuntarily or by
operation of law or otherwise howsoever and the distribution thereof
shall not be anticipated. Nothing in this section shall be
construed or deemed to curtail to any extent any power of
appointment provided for in this will or any power, authority or
discretion given to or vested in the Corporate Trustee by the
provisions of this will or by law to make distribution and
expenditure of income and principal of any trust or fund in
accordance with the provisions of this will.
section 4.2. Accumulated Income. In the event any income
of any fund created under section 3.5 shall be accumulated, such
income may (but need not) be separately accounted for in an
accumulated income account. At any particular time with respect to
each such fund, the corporate Trustee's power to dispose of income
under the provisions of this will shall for all purposes include the
power to dispose of any accumulated income then on hand.
section 4.3. Distributions for Minors. Where under the
provisions of this will the Corporate Trustee is authorized to
- 7 -
distribute or expend the income or principal of any trust or fund
to, or for the benefit of, a person who is a minor, the corporate
Trustee may distribute such income or principal directly to such
minor, to the person having custody of him or her, to the guardian
of his or her estate, to the guardian of his or her person or to a
custodian for such minor under any applicable Uniform Gifts to
Minors Act, whether previously appointed or appointed by the
corporate Trustee for the purpose of receiving such distribution,
all without liability on the part of the corporate Trustee to see to
the application thereof and without requiring bond or surety.
section 4.4. Corporate Distributions. Corporate
distributions received in shares of the distributing corporation
shall be allocated to principal, regardless of the number of shares
and however described or designated by the distributing corporation.
section 4.5. Adopted Persons. A relationship by adoption
shall to the extent provided by Pennsylvania law be treated the same
for all purposes as a relationship by the whole blood.
section 4.6. Definitions. The following terms as used in
this will shall, unless the context shall clearly indicate
otherwise, have the following respective meanings:
(Al Death Taxes. "Death Taxes" shall mean all federal
estate taxes and all local, state and foreign estate, inheritance,
transfer, legacy, succession and similar taxes which by reason of my
- 8 -
death may be properly imposed upon, applicable to or payable with
respect to any property or interest in property which may be
included as part of my estate for the purposes of such taxes, or any
one or more of them, including any property that may not be a part
of my estate for administration purposes, and any interest and
penalties thereon, but "Death Taxes" shall not include any of such
taxes attributable to property over which I may have a power of
appointment, which power was given by someone other than me, or any
interest or penalties thereon. "Death Tax" shall mean anyone of
such taxes.
(B) Issue. The term "issue" shall mean lineal
descendants of any degree of the ancestor designated.
(C) Maioritv and Minor. The term "majority" shall mean
the age of twenty-one years. The term "minor" shall mean a person
who has not attained majority.
(D) Trust Estate. The term "trust estate" at any
particular time with respect to any trust or fund created under this
will shall mean the properties at such time constituting the
principal, accumulated income and income of such trust or fund.
section 4.7. Number and Gender. Whenever used in this
will the singular shall include the plural, the plural shall include
the singular and the use of any gender shall be applicable to any
other gender or to all genders.
- 9 -
section 4.8. Governing Law. Each trust and fund created
under this will shall be administered and construed in all respects
in accordance with the laws of Pennsylvania.
ARTICLE V
Appointment of Fiduciaries
section 5.1. Trustees.
(A) Initial Appointment. I appoint my daughter, KATHRYNE
S. SPEAKER, and CUMBERLAND COUNTY NATIONAL BANK as the initial
Trustees of each trust and fund created under this will. Each trust
and fund created under this will shall be administered by the same
Trustee, at least one of whom shall at all times be a Corporate
Trustee.
(B) No Successor Individual Trustee. My daughter may
resign as an Individual trustee at any time by an instrument in
writing signed by my daughter and delivered to the corporate
Trustee. In the event of any such resignation or in the event of
the inability of my daughter to continue to serve as a Trustee, no
successor shall be appointed and the Corporate Trustee shall
thereafter serve as sole Trustee.
(C) Corporate Trustee: Resiqnation and Succession. The
Corporate Trustee may resign at any time by petitioning a court of
competent juriSdiction to appoint a successor Corporate Trustee
which shall be an association or corporation (located within or
- 10 -
without Pennsylvania) duly authorized to administer each trust and
fund created under this will. In case of the merger or
consolidation of the Corporate Trustee, the resulting company shall
become successor corporate Trustee hereunder without notice to any
party.
(D) Compensation. The corporate Trustee shall be
entitled to receive annually compensation for its services hereunder
in accordance with its schedule of compensation currently in effect
when its services are performed. The Individual Trustee may (but
need not) receive reasonable compensation for services as a Trustee
hereunder. The compensation of the Trustees, separately and in the
aggregate, shall not exceed that which a court of competent
jurisdiction would approve.
(E) Division and Deleqation of Duties. The corporate
Trustee shall perform all ministerial and administrative duties,
including the keeping of books and records, acting as custodian of
the trust property and preparing all necessary tax returns. The
Individual Trustee shall have full power and authority to delegate
from time to time to the corporate Trustee by an instrument in
writing any or all of the Individual Trustee's rights, powers and
duties hereunder, to the end and purpose that the Corporate Trustee
may be entitled to act in all respects for both of such Trustees
during the term of the delegation.
- 11 -
(F) Removal of Corporate Trustee. The Individual Trustee
shall have the right at any time to remove the Corporate Trustee and
substitute therefor another Corporate Trustee, which shall be an
association or corporation (whether located within or without
Pennsylvania) duly authorized to administer each trust and fund
created under this will. Any such removal shall be accomplished by
a writing signed by the Individual Trustee in two counterparts, of
which one shall be delivered to the Corporate Trustee to be removed
and the other shall be retained by the Individual Trustee, and shall
be effective upon the appointment and qualification of the successor
Corporate Trustee. Each appointment of a successor Corporate
Trustee shall be effected by a writing signed by the individual
Trustee and endorsed with the acceptance of the successor Corporate
Trustee.
section 5.2. Executor. I hereby appoint my daughter,
KATHRYNE S. SPEAKER, as Executor of this will. In the event of the
inability or unwillingness of my daughter to serve or to continue to
serve as such Executor, I appoint CUMBERLAND COUNTY NATIONAL BANK as
successor Executor.
section 5.3. Guardian of Estate. I appoint CUMBERLAND
COUNTY NATIONAL BANK guardian of the estate of any minor receiving
any property free of trust by reason of my death, if such property
is in excess of the amount which may be paid to the minor or the
person maintaining the minor. The guardian holding property
hereunder may distribute the whole or any part of the income and
- 12 -
principal thereof to, or expend the same for the benefit of, the
minor, or may accumulate the whole or any part of the income, all
without liability on the part of the guardian to see to the
application thereof and without requiring bond or surety.
section 5.4. Bond and Suretv Excused. No bond shall be
required in any jurisdiction of any Executor, Trustee or other
fiduciary serving under this will (whether or not named herein),
including any administrator c.t.a. or ancillary administrator
appointed to administer my estate or, if a bond is required by law,
no surety on such bond shall be required.
ARTICLE VI
Powers of Fiduciaries
section 6.1. Applicabilitv. The provisions of this
Article VI shall be applicable (unless the context clearly requires
otherwise) to the administration and management of my estate and
each fiduciary account created under this Will, and the terms
"Fiduciary" or "Fiduciaries" shall mean whichever of my Executor,
Trustees or other fiduciaries, and the term "trust estate" shall
mean whichever of my estate or such other fiduciary accounts, the
provisions of this Article VI are being applied to at the particular
time.
- 13 -
section 6.2. Powers and Limitations.
(A) Administrative Powers. In the administration and
management of my estate and any fiduciary account created under this
will and in the management, investment and reinvestment of the trust
estate thereof, my Fiduciaries shall have and may exercise (subject
to any other provision of this will limiting or qualifying in any
way any power, authority or discretion of my Fiduciaries) full
power, authority and discretion without the necessity of obtaining
the order of any court to do all acts, to execute, acknowledge and
deliver all writings and to exercise for the benefit of all persons
who may be or become beneficiaries under the provisions of this will
any and all powers, authorities and discretions given to or vested
in such Fiduciaries by the provisions of this Will or by law. By
way of illustration but not limitation, my Fiduciaries shall have
and may exercise the following powers: to retain property in the
form and character in which the same shall be received, including
the securities of any Corporate Fiduciary, without obligation to
diversify the same and without liability for any decline in the
value thereof; to invest and reinvest in any kind of property, real,
personal or mixed, or undivided or part interests therein, all
statutory and other limitations as to the investment of funds, now
or hereafter enacted or in force, being hereby waived; to borrow
money and to pledge all or any part of the assets of the trust
estate to secure such borrowing; to sell, pledge, exchange, mortgage
or lease for any term whatever any real or personal property; to
carry securities in the name of a nominee, including a clearing
corporation or depository or in book entry form or unregistered or
- 14 -
in such other form as will pass by delivery; to vote securities in
person or by proxy, except that the shares of any corporate
Fiduciary shall be voted only as directed by the Individual
Fiduciary or, in the event there shall be no Individual Fiduciary
then serving, by an adult beneficiary of income of the trust estate
in which the shares are held; to distribute, without the necessity
of filing a jUdicial accounting or obtaining judicial approval, the
whole or any part of the trust estate upon the receipt and release
of the beneficiary entitled to receive such distribution, in which
event such Fiduciaries shall be relieved of all further liability
with respect to the property so distributed with like effect as if
such distribution had been made pursuant to an order of court; and
to make any distribution or division of the trust estate either in
cash or in kind, or partly in cash and partly in kind and to allot
different kinds of, or interests in, property to different shares,
all as the Fiduciaries shall determine to be equitable to effect
such distribution or division. As used in this section 6.2,
references to the securities of any Corporate Fiduciary shall be
deemed to refer also to the securities of any corporation which has
control of, or is affiliated with, such Corporate Fiduciary.
(Bl General Limitations. All powers, authorities and
discretions given to or vested in my Fiduciaries by the provisions
of this will or by law shall be exercisable by my Fiduciaries only
in a fiduciary capacity.
section 6.3. Exercise of Discretionarv Powers. Each and
- 15 -
every power, authority and discretion given to or vested in my
Fiduciaries or a class of Fiduciaries by the provisions of this will
or by law, whatever may be the nature or extent thereof, shall be
freely exercisable by my Fiduciaries or class at any time and from
time to time in their sole and absolute discretion, as they alone
shall determine. Each exercise thereof shall not be open to
question in any manner whatsoever by, and shall be binding upon,
each person having an interest in the trust estate. No Fiduciary
shall incur any personal liability of any character whatsoever by
reason of any matter or thing of whatsoever nature which may occur
in connection with the administration of the trust estate, save only
liability arising from gross negligence or willful default.
ARTICLE VII
Taxes
section 7.1. PaYment of Death Taxes. I direct that all
Death Taxes shall be paid from my residuary estate passing under
Article III of this will or, to the extent determined by my
Executor, by the Trustees from property (if any) distributable
directly to the Trustees; provided, however, that the payment
thereof shall not be made from any property which is not includible
in my estate for the purposes of one or more of such Death Taxes and
which would be so includible if used for such payment.
section 7.2. Joint Returns Election. I authorize my
Executor to join with my wife or her personal representative in the
- 16 -
filing of a joint income tax return for any period for which such a
return may be permitted, without requiring her or her estate to
indemnify my estate against liability for the tax attributable to
her income, and to consent for federal gift tax purposes to having
gifts made by my wife during my lifetime treated as having been made
one-half by my wife and one-half by me.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 1..5i' day of R"p..,B",..I , 1990.
C?~ /t(:~
P. 0 EPH McGRATH
(SEAL)
SIGNED, SEALED, PUBLISHED and DECLARED by the above-
named Testator, P. JOSEPH McGRATH, as and for his will, in the
presence of us who, at his request, in his presence and in the
presence of each other, have hereunto subscribed our names as
witnesses.
/? lel/,u ri3/fUktlt,t/ 'K/~~ d tC1bnU' ,
, ) d" /~ 1',_
Address ,;Lac -(,)j~ /~ Address y>O 9Yc-c-J /3C,
(]a'llt6 /iu'/;--/& /1")(1 ~JV!!. Nd1 OiL /-;0/1
{/ ()'! '
~<'UMuJ 6U:~d,J
<d~r~"" =5""~ ~
~~ '4"; .~~ . , . -:2C;9
- 17 -
COMMONWEALTH OF PENNSYLVANIA
)
)
)
SS:
COUNTY OF CUMBERLAND
We, P. JOSEPH McGRATH, -:J:1Zp~ ';$, 7d~A--
~?111d ~~ / and ~~"'-?<11~(~%/J/- , the
Testator and the witnesses, respect~vely, whose names are signed to
the foregoing Will, being first duly sworn according to law, do
depose and say that the Testator signed and executed the foregoing
instrument as his last Will, that he signed willingly, that he
executed it as his free and voluntary act for the purposes therein
expressed, that each of the witnesses, in the presence and hearing
of the Testator, signed the will as witnesses and that to the best
of the knowledge of each the Testator was at that time eighteen
years of age or older, of sound mind and under no constraint or
undue influence.
Q. ~A 7tt~~estator)
/Jr.-el!/.d./ ~/a"l ~tV (Witness)
9 "
itness)
i tness)
SUBSCRIBED, sworn to and acknowledged before me by
me
P. JOSEPH McGRATH, the Testator, and subscribed and sworn to
by ?J1{l~ ,';;t3,tt{!4t!A-, ~/f,a<,:;?~7c;; and
Cl ,;/
before
- 18 -
~A1/17P' ~/.i177':.., witnesses, this r..;(cP day of ~-C'/~t~,_
199 .
c9~vn/LJ ~PL-
, Notary Public
[Notarial Seal]
My Commission Expires:
NOTARIAL SEAL
JOANN D. SPEAKER. NOTARY PUBLIC
CARLISLE BORO.. CUMBERLAND COUNTY
MY COMMISSION EXPIRES APRIL 24, 1993
- 19 -
,.
~~..
-En,rT)~D- _. ,"
A{,:-2B'D~'
/~~ "'\
II,Cq 7. "!l') ,
j
~_/
'F:,~~;~ffi
"_d{'\,J.,.'ClStAGcc..'o' '"
~-~ . 1,1 ,
,~".,",- 4 ) \ '
~hB1~ . .~
'- ..... ~~___.--l '"
"':~!1 (Fi:};~J:l~ ,; ~
FIRST CLASS MAIL
II
SUITl!201
2080 Ln,OLESTOWl'I RO"D
H,uuusBuR(;,PA
17110-9670
~
Register of Wills
Cumberland County prothonotary
One Courthouse Square
Carlisle, PA 17013
~
_.
~
~
.........
LAW OFl"ICES
SERRATELLI
SCHIFFMAN
BROWN &
CALHOON, P.c.
i.I)f\1 K. Sf~RRI\fEI.U
.",;/\u.,r !. Snmrf>-1AN
,1vt,(':PJ'f F. BK(~M('-,
R( ',r-..,.-\i[) L. Ci\IHOON
F. R. M.'\RTS()lJ
SF'H":O T. L\f'Pi\S
SH\T".,j O. Sr'AHR
!()flN D. SlifRlll'\N *'
Dr\l()f-.:.'\!I L. PACKU{
C\v..\ ;\, B()'('\r--,!O\.-VSKJ
c; .IJ(TII A. Sn.PHEI\iSON
"'(,\:,,',,(
\11\':)( I'.il',!lll:',
\, 1"I:II"I! 1'\ ,\. '-..jl,
" I
1'\
'I,!,"I,':I
';C) 14U-9170
;.jl)-',.n;1
April 26, 2005
Register of Wills
Cumberland County Prothonotary
One Courthouse Square
Carlisle, PA 17013
Re: Estate of Joseph P. McGrath
No. 2004-01052
Dear Sir/Madame:
Enclosed for filing, please find the original and three copies of the
Inheritance Tax Return for the above captioned Estate. Also enclosed is a
check in the amount of$15.00 representing the filing fee and a check in the
amount of$507.00 representing additional inheritance tax owing.
Please provide me with a copy of the time-stamped document in the
self-addressed stamped envelope provided.
Thank you, in advance, for your assistance in this matter.
Very tml y yours,
SERRA TELL!, SCHIFFMAN,
BROWN & CALHOON, P.C.
j~fuJ: i1/!;/
! i
Debra A. Evangelis '. ,
Paralegal
/dae
1<
Enclosures
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
DEPT,280601
HARRISBURG, PA 17128-0601
REV-1162 EX(11-96l
RECEIVED FROM:
PENNSYLVANIA
INHERITANCE AND ESTATE TAX
OFFICIAL RECEIPT
SCHIFFMAN STEVEN J
2080 L1NGlESTOWN RD
SUITE 201
HARRISBURG, PA 17110-9483
------ fold
ESTATE INFORMATION: SSN: 098-03-7292
FILE NUMBER: 2104-1052
DECEDENT NAME: MCGRATH P JOSEPH
DATE OF PAYMENT: 04/29/2005
POSTMARK DATE: 04/28/2005
COUNTY: CUMBERLAND
DATE OF DEATH: 10/24/2004
NO. CD 005271
ACN
ASSESSMENT
CONTROL
NUMBER
AMOUNT
101 I $507.00
I
I
I
I
I
I
I
I
TOTAL AMOUNT PAID:
REMARKS:
CHECK# 8452
SEAL
INITIALS: JA
RECEIVED BY:
REGISTER OF WILLS
$507.00
GLENDA FARNER STRASBAUGH
REGISTER OF WillS
07-25-2005
MCGRATH
10-24-2004
21 04-1052
CUMBERLAND
101
APPEAL DATE: 09-23-2005
(See reverse side under Objections)
Amount Remitted I I
MAKE CHECK PAYABLE AND REMIT PAYMENT TO:
REGISTER OF WILLS
CUMBERLAND CO COURT HOUSE
CARLISLE, PA 17013
CUT ALONG THIS LINE -+ RETAIN LOWER PORTION FOR YOUR RECORDS _
REY:is47-Ex-AFP-io3:osl-NOTICE-OF-INHERITANCE-TAX-APPRAIsEMENT:-ALLONANCE-OR---------------
DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX
PATRICK J FILE NO. 21 04-1052 ACN 101
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
n<;"'''''>I ,.. _ NOTICE OF INHERITANCE TAX
BUREAU OF INDIVIDUAa:.;"'e,,~JeD eDce 0'APPRAISEMENT, ALLOWANCE OR DISALLOWANCE
~~~T~:~:DIAX DIVISION -- - :' : OF DEDUCTIONS AND ASSESSMENT OF TAX
HARRISBURG PA 17128-0601
?rr'l:~ "'I ...,.,
~c_.'u ...~:_ L':"
DATE
ESTATE OF
DATE OF DEATH
FILE NUMBER
COUNTY
ACN
DH
'). ')7
~. L
1.i
("':1 cpv (Ie
__-____, I.\.~
orc "",;
STEVEN JCSCHIFFHAN"
SERRATELLI ETAL
2080 LINGLESTOWN
HBG
!r'-T
~~ ,'\
RD
PA 17110
ESTATE OF
MCGRATH
'*
REV-1547 EX AFP (06-05)
PATRICK
J
TAX RETURN WAS: I X I ACCEPTED AS FILED
I CHANGED
DATE 07-25-2005
RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE
APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN
1. Real Est.t. ISchedul. Al
2. Stocks and Bonds (Schedule B)
3. Closely Held Stock/Partnership Interest (Schedule C)
4. Mortgages/Notes Receivable (Schedule DJ
S. Cash/Bank Deposits/"isc. Personal Property (Schedule EJ
6. Jointly Owned Property ISchedul. FI
7. Transfers (Schedule OJ
8. Total Assets
III
121
131
141
151
161
171
170.000.00
5.160.00
.00
.00
26.831.00
175.569.00
54,383.00
181
APPROVED DEDUCTIONS AND EXEMPTIONS:
9. Funeral Expans.s/A~. Costs/Hisc. Expenses (Schedule H)
10. Debts/Hortgage Liabilities/Liens (Schedule I)
11. Total Deductions
12. Net Value of Tax Return
13. Charitable/GovernMental Bequests; Non-elected 9113 Trusts (Schedule J)
14. Net Value of Estata Subiect to Tax
191
1101
20,233.00
2.769.00
1111
1121
1131
1141
NOTE: I~ an assessment was issued previously. lines
reflect figures that include the total of ~
ASSESSMENT OF TAX:
15. A.ount of Line 14 at Spousal rat. (15)
16. A.ount of Line 14 taxable at Lineal/Class A rate (16)
17. bOWlt of Line 14 at Sibling rate (17)
18. Amount of Line 14 taxable .t Collat.ral/Class B rate (18)
19. Principal Tax Due
I S:
NOTE: To insure proper
credit to your account,
sub.it the upper portion
of this form with your
tax PBYlIHmt.
431,943.00
?::Lnn, nn
408,941.00
.00
408,941.00
14. IS and/or 16. 17. 18 and 19 will
returns assessed to date.
.00 X 00 =
408,941.00 X 045 =
.00 X 12 =
.00 X 15 =
1191=
AIIOUNT PAID
17,000.00
507.00
DATE
01-12-2005
04-28-2005
NUltBER
CD004833
CD005271
INTEREST/PEN PAID I-I
894.74
.00
~
TOTAL TAX CREDIT
BALANCE OF TAX DUE
INTEREST AND PEN.
TOTAL DUE
. IF PAID AFTER DATE INDlCATEO, SEE REVERSE
FOR CALCULATION OF ADDITIONAL INTEREST.
.00
18,402.00
.00
.00
18,402.00
18,401.74
.26
.00
.26
IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED.
IF TOTAL OUE IS REFLECTEO AS A "CREOIT" ICRI, YOU HAY BE DUE
A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS. I
()
Steven J. Schiffman, Esquire
SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C.
2080 Linglestown Road, Suite 201
Harrisburg, PAl 711 0
(717) 540-9170
sschiffman@ssbc-Iaw.com
I";'
t.::-;_
_ -1
~;=
n
r:)
\...0
IN RE: ESTATE OF P. JOSEPH : IN THE COURT OF COMMON PLEAS
MCGRATH, a.k.a. PATRICK : CUMBERLAND COUNTY, PENNSYLVANIA
J. MCGRATH, a.k.a. JOSEPH : ORPHANS' COURT DIVISION
MCGRATH, Deceased
: No. 2004-01052
PETITION TO TERMINATE TRUST UNDER WILL OF P. JOSEPH MCGRATH AND
CREATE A SPECIAL NEEDS TRUST FOR ROBERT J. MCGRATH
AND NOW comes the Estate ofP. JOSEPH MCGRATH, a/kla/ Patrick J. McGrath,
alkla Joseph McGrath, by Kathryne Speaker, Executrix; the Robert J. McGrath Trust
under Will of P. Joseph McGrath, by Kathryne Speaker and Cumberland County National
Bank, now known as PNC Bank, Co-Trustees; and Robert J. McGrath, individually, who
jointly request this Honorable Court to issue a Decree terminating the Trust Under Will of P.
Joseph McGrath and establishing a special needs trust and in support thereof aver as follows:
1. P. Joseph McGrath died on October 24, 2004. Letters Testamentary were granted
to Kathryne Speaker, Executrix, by the Cumberland County Register of Wills on November 17,
2004; Docket No. 2004-01052; Pa. No. 21-04-1052.
2. At the time of his death, P. Joseph McGrath was survived by his daughter,
Kathryne Speaker, who has four children, and son, Robert J. McGrath who has no children.
Jeanne Marie McGrath, his wife, predeceased him on October 31, 1997.
~
3. Kathryne Speaker, Executor and Co-Trustee is an adult individual, with a
current mailing address of 32 Timber Knoll Drive, Washington Crossing, P A 18977.
4. Robert J. McGrath is an adult individual, with a current mailing address of 4051
Howley Street, Pittsburgh, Pennsylvania 15224. Robert J. McGrath is an adult disabled
individual as defined in Title XVI of the Social Security Act (the "Act"), 42 V.S.C.
SI382(c)(a)(3). He is fifty-eight (58) years of age, his date of birth being August 21,1948.
5. Robert J. McGrath is currently receiving public benefits including Supplemental
Security Income, administered by the Social Security Administration, and medical assistance,
administered by the Pennsylvania Department of Public Welfare. He is represented by Marielle
F. Hazen, Esquire, 2000 Linglestown Road, Suite 202, Harrisburg, PAl 711 0
6. PNC Bank, Co-Trustee of the Trust under the Last Will and Testament of P.
Joseph McGrath, is a Pennsylvania banking association with offices at 4242 Carlisle Pike, Camp
Hill, P A 17011.
7. The Department of Public Welfare, of is an agency of the Commonwealth of
Pennsylvania in charge of administering the Medical Assistance Program (MA).
8. Good Shepherd Church, is a charity, who is listed as a remainder beneficiary
under the Will ofP. Joseph McGrath.
9. The Will of P. Joseph McGrath, a copy of which is attached hereto as Exhibit A,
provided, in part, that:
Section 3.3. Disposition of Trust Estate After Death of my Wife. Ifmy wife survives me,
after the death or my wife, or upon my death should my wife predecease me, the Trustees
shall distribute the trust estate of the Residuary Trust as follows:
(A) Ifmy son ROBERT J. MCGRATH, is then living, the Trustees shall create a separate
trust to be known as the "Robert J. McGrath Trust" and shall distribute thereto one-
half (1/2) of the trust estate of the Residuary Trust, to be held, administered and
disposed of in accordance with the provisions of Section 3.4;
(B) If my son is not then living, the Trustees shall distribute the lesser of one-sixth of the
trust estate of the Residuary Trust or Two Thousand Dollars ($2,000) to my son's
issue then living, per stirpes; and
(C) The Trustees shall distribute the remainder of the trust estate of the Residuary Trust
to my daughter, KATHRYNE S. SPEAKER, a/k/a KATHRYNE M. SPEAKER, if
then living, or, if my daughter is not then living, to my daughter's issue then living,
per stirpes, or, if there shall be no such issue then living, to Good Shepherd Church..
of Camp Hill.. Pennsylvania.
Section 3.4. Robert J. McGrath Trust.
(A) Applicability. The provisions of this Section shall be applicable to the Robert J.
McGrath Trust, but for convenience it is hereinafter referred to as the "Trust".
(B) Distribution of Income. The Trustees shall quarter-annually distribute the income of
the Trust to, or expend the same for the benefit of, my son for life or until the earlier
termination of the Trust
(C) Discretionary Distribution of Principal. The Corporate Trustee may at any time and
from time to time distribute the whole or any part of the principal of the Trust to, or
expend the same for the benefit of, my son, all as the Corporate Trustee may
determine, considering other resources available to my son, to provide for the health,
maintenance and support of my son or to assist my son to purchase a home. In the
event the trust estate of the Trust becomes insufficient in the opinion of the Corporate
Trustee to warrant the continuance of the Trust, the Corporate Trustee may distribute
the entire trust estate thereof to my son and in that event the Trust shall terminate.
(D) Distribution After Death of Son. Unless sooner terminated by distribution or
expenditure of the entire trust estate thereof in accordance with the prior provisions
of this Section, the Trust shall terminate upon the death of my son. The Trustees shall
distribute the trust estate of the Trust (including any income of the Trust on hand or
accrued as of the date of the death of my son) to my daughter, KATHRYNE S.
SPEAKER, if then living, or, if my daughter is not living, per stirpes, or, if there shall
be no such issue then living, to Good Shepherd Church.. of Camp Hill.. Pennsylvania.
10. The Estate is prepared to make a distribution to the Robert J. McGrath Trust
and an outright distribution to Kathryne Speaker, while waiving the requirement of the filing of a
first and final accounting, and in that regard the beneficiaries of the Estate of P. Joseph McGrath
have entered into an Estate Settlement Agreement. A copy of the Settlement Agreement and First
and Final Accounting is attached hereto as Exhibit B.
11. The Trustees have determined that pursuant to Section 3 .4( c) of the Trust, the
assets of the Trust are insufficient to warrant the maintenance of a Trust.
12. The Trustees have further determined that distributing the estate funds to Robert
J. McGrath as outlined in the Last Will and Testament ofP. Joseph McGrath will render Robert
J. McGrath ineligible for his Supplemental Security Income and medical assistance, both
essential benefits programs for Robert J. McGrath's wellbeing.
13. In order to maintain Robert J. McGrath's Supplemental Security Income and
medical assistance, federal and state law allow Robert J. McGrath's final distribution from the
Estate of P. Joseph McGrath to be placed into a Special Needs Disability Trust for his benefit.
This is authorized pursuant to a special provision of Title XIX of the Social Security Act,
specifically 42 V.S.C S 1396p(d)(4)(A). The funds in the trust would be available to meet
Robert J. McGrath's extra and supplemental needs. The proposed Special Needs Disability Trust
is attached hereto as Exhibit "C".
14. The Family Trust, Achieva, currently located at 711 Bingham Street, Pittsburgh,
Pennsylvania 15203 has agreed to serve as trustee of this Special Needs Disability Trust. The
Family Trust, A chi eva, is a non-profit organization that administers special needs trusts for
children and adults with disabilities.
15. The Special Needs Disability Trust has been drafted in accordance with 42 V.S.C.
S 1396p( d)( 4)(A) and 55 Pa.C.S.A. S 178.7(1)(1). The trust would contain the assets of an
individual under the age of sixty-five (65) who is disabled as defined by the criteria in 42 V.S.C.
S 1382c(a)(3).
16. The trust contains a provision that the Commonwealth of Pennsylvania will
receive the amounts remaining in the trust upon the death of Robert J. McGrath, up to the total
amount of benefits paid on behalf of Robert J. McGrath.
WHEREFORE, all parties request that this Honorable Court:
1. Terminate the Trust Under Will ofP. Joseph McGrath for the benefit of Robert J.
McGrath;
2. Establish a Special Needs Disability Trust for the benefit of Robert J. McGrath,
and authorize The Family Trust, Achieva, to execute this trust document in their capacity as
Trustee; and
3. Authorize funding of the Special Needs Disability Trust with Robert J. McGrath's
final distribution from the Estate of P. Joseph McGrath.
Respectfully submitted,
//
.../J;--
Steven /ls'chiffman, Esq.
SERIJ'ATELLI, SCHIFFMAN, BROWN
& CALHOON, P.C.
2080 Linglestown Road, Suite 201
Harrisburg, PAl 711 0
Attorney for Petitioner
VERIFICATION
Understanding that the making of any false statement would subject me to the penalties
of 18 Pa.C.S. Section 4904, the undersigned verifies that the statements made in the foregoing
Petition are true and correct, to the best of his/her knowledge, information and belief.
BY:
~ "Jo -lJh
Dated
~~
KATHR~PE KER
VERIFICATION
Understanding that the making of any false statement would subject me to the penalties
of 18 Pa.C.S. Section 4904, the undersigned verifies that the statements made in the foregoing
Petition are true and correct, to the best of his /her knowledge, information and belief.
S/~"l/i)b
Dated I
BY DAVID BROWN:
A9~
PNC BANK
IN RE: ESTATE OF P. JOSEPH : IN THE COURT OF COMMON PLEAS
MCGRATH, a.k.a. PATRICK : CUMBERLAND COUNTY, PENNSYLVANIA
J. MCGRATH, a.k.a. JOSEPH : ORPHANS' COURT DIVISION
MCGRATH, Deceased
: No. 2004-01052
CONSENT
I, KA THR YNE SPEAKER, Individually and as Executrix and Co-Trustee, have read
the within Petition and I hereby consent and join in the prayer thereof.
Dated: 5". .'~O ,O~
KA~*Ai<E~
IN RE: ESTATE OF P. JOSEPH: IN THE COURT OF COMMON PLEAS
MCGRATH, a.k.a. PATRICK : CUMBERLAND COUNTY, PENNSYLVANIA
J. MCGRATH, a.k.a. JOSEPH : ORPHANS' COURT DIVISION
MCGRATH, Deceased
: No. 2004-01052
CONSENT
I, DAVID BROWN, an authorized representative ofPNC Bank, Co-Trustee, have
read the within Petition and I hereby consent and join in the prayer thereof.
512-'-/010
I
~~
Dated:
IN RE: ESTATE OF P. JOSEPH : IN THE COURT OF COMMON PLEAS
MCGRATH, a.k.a. PATRICK : CUMBERLAND COUNTY, PENNSYLVANIA
J. MCGRATH, a.k.a. JOSEPH : ORPHANS' COURT DIVISION
MCGRATH, Deceased
: No. 2004-01052
CONSENT
I, ROBERT J. MCGRATH, Beneficiary, have read the within Petition and I hereby
consent and join in the prayer thereof
Dated: ~ /"'ltdJlL
~Ol~
ROBERT']. MCGRATH
~
IN RE: ESTATE OF P. JOSEPH : IN THE COURT OF COMMON PLEAS
MCGRATH, a.k.a. PATRICK : CUMBERLAND COUNTY, PENNSYLVANIA
J. MCGRATH, a.k.a. JOSEPH : ORPHANS' COURT DIVISION
MCGRATH, Deceased
: No. 2004-01052
CONSENT
I, Very Rev. James M. Lyons
of Good Shepherd Catholic Church, have read
Dated:
the within Petition and I hereby consent and join in the prayer thereof.
/'../1 ." )
~VI//;J ..' _,. "., " ___.~./~"--
I / ///~~'
. -' (t::--/ -
// ;"
ry Rev. James M. ~yons
Vicar General/Gene~ecretary
~ II tl jo!:
. I
~
COMMONWEALTH OF PENNSYLVANIA
OFFICE OF ATTORNEY GENERAL
June 14, 2006
TOM CORBETT
ATTORNEY GENERAL
Charitable 'rrusts & Organizations Section
14th Floor. Strawberry Square
Harrisburg. Pennsylvania 17120
717-783-2853 !717-787-1190(Fax)
Tn foersterlwattornevaenera I. 2:0 V
'_/ N' 0 "'-'
Sleven J. Schiffnlan, Esquire
SERRATELLI, SCHIFFMAN,
BROWN & CALHOON, P.C.
2080 Linglestown Road, Suite 201
Harrisburg, PAl 711 0
Re: Estate of P. Joseph McGrath
Dear Mr. Schiffman:
This will acknowledge receipt of the notice regarding the above captioned matter. I have
reviewed the materials that you have supplied and have no objection. Please send me a copy of
the Petition as filed so I may complete my file.
Please be advised that the above review was made pursuant to the parens patriae function
of this Office and is limited to that function. Thank you for your time and consideration of this
matter.
Very truly yours,
ft~'
MIchael T. Foerster
Deputy Attorney General
MTF/srh
IN RE: ESTATE OF P. JOSEPH
MCGRATH, a.k.a. PATRICK
J. MCGRATH, a.k.a. JOSEPH
MCGRATH, Deceased
: IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
: No. 2004-01052
CERTIFICATE OF SERVICE
I, Steven J. Schiffinan, Esquire, do hereby certify that on June 20, 2006, a copy of the
foregoing Petition to Terminate Trust Under Will ofP. Joseph McGrath and Create a Special
Needs Trust for Robert J. McGrath was served upon the following persons by depositing copies
in the United States mail, postage prepaid, addressed as follows:
Kathryne Speaker
32 Timber Knoll Drive
Washington Crossing, P A 18977
Robert J. McGrath
c/o Marielle F. Hazen, Esq.
2000 Linglestown Rd., Suite 202
Harrisburg, P A 17110
Michael T. Foerster
Deputy Attorney General
Commonwealth of Pennsylvania
Charitable Trusts & Organizations Section
14th Floor, Strawberry Square
Harrisburg, P A 1 7120
David Brown
PNC Bank
4242 Carlisle Pike
Camp Hill, PA 17011
Very Rev. James M. Lyons
Vicar General/General Secretary
Diocese of Harrisburg
4800 Union Deposit Road, Box 2153
Harrisburg, PA 17105-2153
/'
l'
~ ///?J
.... 1//
/~-~---
Steven . Schiffinan, Esquire
SE TELLI, SCHIFFMAN,
BROWN & CALHOON, P.C.
2080 Linglestown Rd., Suite 201
Harrisburg, P A 1 711 0
Attorney for Petitioners
WILL
I, P. JOSEPH McGRATH, a/k/a/ PATRICK J. McGRATH, a/k/a
JOSEPH McGRATH, of Cumberland County, Pennsylvania, make this my
Will, hereby revoking any and all wills and codicils heretofore made
by me.
ARTICLE I
"'.-:. ~~"
'"L ./ ~~ .
:;. ~,_.~'
~
Debts
~_.....
c:.-':::'
-J
-::J
Section 1.1. Pavrnent. I direct that my debts~and the
-
expenses of my last illness and funeral be paid out' of my- estate as
soon as may be convenient after my death.
ARTICLE II
Tanqible Personal Property
Section 2.1. Gift. I bequeath all the tangible personal
property which I may own at the time of my death, together with any
policies of insurance thereon, to my wife, JEANNE M. McGRATH, if she
survives me by 30 days. In the event my wife fails to survive me by
such period, I bequeath to my children who survive me so much of
such property as each of them may select and in such shares, whether
equal or unequal, as they may determine. Any property not so
selected shall be sold and the proceeds added to my residuary
estate.
ARTICLE III
Residuary Estate: Creation and Disposition
of Residuary Trust
section 3.1. Creation of Residuary Trust. If I am
survived by anyone or more of my wife and issue, I devise and
bequeath all the rest, residue and remainder of my estate, real,
personal and mixed, wherever situate, to the Trustees appointed in
section 5.1 to be held in a separate trust to be known as the
"Residuary Trust."
section 3.2. Disposition of Trust Estate Durina Life
of My Wife. If my wife, JEANNE M. McGRATH, survives me, the
Trustees shall hold, administer and dispose of the trust estate of
the Residuary Trust as follows during the life of my wife:
(A) . Distribution of Income. The Trustees shall
quarter-annually distribute the income of the Residuary Trust to, or
expend the same for the benefit of, my wife. Any income of the
Residuary Trust on hand or accrued as of the date of the death of my
wife shall be distributed to the estate of my wife.
(B) Discretionary Distribution of Principal. The
Corporate Trustee may at any time and from time to time distribute
the whole or any part of the principal of the Residuary Trust to, or
expend the same for the benefit of, my wife all as the Corporate
Trustee may determine, considering other resources available to my
- 2 -
wife, to provide for her health and support in the manner of living
to which she was accustomed at the time of my death.
Section 3.3. Disposition of Trust Estate After Death
of mv Wife. If my wife survives me, after the death of my wife, or
upon my death should my wife predecease me, the Trustees shall
distribute the trust estate of the Residuary Trust as follows:
(A) If my son, ROBERT J. McGRATH, is then living, the
Trustees shall create a separate trust to be known as the "Robert J.
McGrath Trust" and shall distribute thereto one-half (1/2) of the
trust estate of the Residuary Trust, to be held, administered and
disposed of in accordance with the provisions of Section 3.4;
(B) If my son is not then living, the Trustees shall
distribute the lesser of one-sixth of the trust estate of the
Residuary Trust or Two Thousand Dollars ($2,000) to my son's issue
then living, per stirpes; and
(C) The Trustees shall distribute the remainder of the
trust estate of the Residuary Trust to my daughter, KATHRYNE S.
SPEAKER, a/k/a KATHRYNE M. SPEAKER, if then living, or, if my
daughter is not then living, to my daughter's issue then living, per
stirpes, or, if there shall be no such issue then living, to Good
Shepherd Church, of Camp Hill, Pennsylvania.
- 3 -
Section 3.4. Robert J. McGrath Trust.
(A) Applicabilitv. The provisions of this Section shall
be applicable to the Robert J. McGrath Trust, but for convenience it
is hereinafter referred to as the "Trust".
(B) Distribution of Income. The Trustees shall
quarter-annually distribute the income of the Trust to, or expend
the same for the benefit of, my son for life or until the earlier
termination of the Trust.
(C) Discretionary Distribution of Principal. The
Corporate Trustee may at any time and from time to time distribute
the whole or any part of the principal of the Trust to, or expend
the same for the benefit of, my son, all as the Corporate Trustee
may determine, considering other resources available to my son, to
provide for the health, maintenance and support of my son or to
assist my son to purchase a home. In the event the trust estate of
the Trust becomes insufficient in the opinion of the Corporate
Trustee to warrant the continuance of the Trust, the Corporate
Trustee may distribute the entire trust estate thereof to my son and
in that event the Trust shall terminate.
(D) Distribution After Death of Son. Unless sooner
terminated by distribution or expenditure of the entire trust estate
thereof in accordance with the prior provisions of this Section, the
Trust shall terminate upon the death of my son. The Trustees shall
distribute the trust estate of the Trust (including any income of
- 4 -
the Trust on hand or accrued as of the date of the death of my son)
to my daughter, KATHRYNE S. SPEAKER, if then living, or, if my
daughter is not then living, to my daughter's issue then living, per
stirpes, or, if there shall be no such issue then living, to Good
Shepherd Church, of Camp Hill, Pennsylvania.
section 3.5. Deferral of Distribution to Minors.
(A) Separate Funds. If any beneficiary entitled to
receive a distribution of property of my estate or of any trust
created under this will (whether by reason of any mandatory
provision of this Will or any exercise of discretion by the
Corporate Trustee or otherwise) shall be a minor, such property may
in the discretion of my Executor or the Corporate Trustee, as the
case may be, be distributed to him or her or be distributed to the
Trustees to be held in a separate fund until the beneficiary attains
majority, at which time the then trust estate of the fund shall be
distributed to the beneficiary outright. During the continuance of
the fund, the Corporate Trustee may at any time and from time to
time distribute the whole or any part of the income or principal of
the fund to, or expend the same for the benefit of, the beneficiary,
or may accumulate the whole or any part of the income, all as the
Corporate Trustee may determine to provide for the health, education
(including preparatory, college and graduate education) and support
of such beneficiary.
(B) Death of Beneficiarv. Upon the death of a
beneficiary of a separate fund prior to the distribution or
- 5 -
expenditure of the entire trust estate thereof, the fund shall
terminate. The Trustees shall distribute the trust estate of such
fund to the issue then living of such beneficiary, per stirpes, or,
if there shall be no issue then living, to the issue then living of
the beneficiary's parent who is an issue of mine, per stirpes, or,
if there shall be no issue then living, to Good Shepherd Church, of
Camp Hill, Pennsylvania.
section 3.6. Distribution In Other Events. In the event
that at any particular time the whole or any part of my residuary
estate or of the trust estate of any trust or fund created under
this Article shall not be distributable in accordance with the prior
provisions hereof, such property shall be distributed one-half to
the persons and in the proportions determined under the intestate
laws of Pennsylvania then in force with like effect as if I had died
at such time, intestate, unmarried, domiciled in Pennsylvania and
owning outright such property and no other property and one-half to
the persons and in the proportions determined under the intestate
laws of Pennsylvania then in force with like effect as if my wife
had died at such time intestate, unmarried, domiciled in
Pennsylvania and owning outright such property and no other
property.
ARTICLE IV
Miscellaneous
Section 4.1. Nonalienation. The income and principal of
- 6 -
any trust or fund as shall or may become distributable to any person
(whether the interest of such person be present or future, vested or
contingent, direct or indirect) in accordance with the provisions of
this Will shall not, until the actual distribution thereof to the
person entitled thereto, be subject to the debts, obligations,
liabilities or engagements of such person, or to execution,
attachment or other judicial process of whatsoever character and
howsoever termed, or be assignable voluntarily, involuntarily or by
operation of law or otherwise howsoever and the distribution thereof
shall not be anticipated. Nothing in this section shall be
construed or deemed to curtail to any extent any power of
appointment provided for in this will or any power, authority or
discretion given to or vested in the Corporate Trustee by the
provisions of this will or by law to make distribution and
expenditure of income and principal of any trust or fund in
accordance with the provisions of this will.
section 4.2. Accumulated Income. In the event any income
of any fund created under section 3.5 shall be accumulated, such
income may (but need not) be separately accounted for in an
accumulated income account. At any particular time with respect to
each such fund, the Corporate Trustee's power to dispose of income
under the provisions of this will shall for all purposes include the
power to dispose of any accumulated income then on hand.
section 4.3. Distributions for Minors. Where under the
provisions of this will the Corporate Trustee is authorized to
- 7 -
distribute or expend the income or principal of any trust or fund
to, or for the benefit of, a person who is a minor, the Corporate
Trustee may distribute such income or principal directly to such
minor, to the person having custody of him or her, to the guardian
of his or her estate, to the guardian of his or her person or to a
custodian for such minor under any applicable Unifo~ Gifts to
Minors Act, whether previously appointed or appointed by the
Corporate Trustee for the purpose of receiving such distribution,
all without liability on the part of the Corporate Trustee to see to
the application thereof and without requiring bond or surety.
Section 4.4. Corporate Distributions. Corporate
distributions received in shares of the distributing corporation
shall be allocated to principal, regardless of the number of shares
and however described or designated by the distributing corporation.
section 4.5. Adopted Persons. A relationship by adoption
shall to the extent provided by Pennsylvania law be treated the same
for all purposes as a relationship by the whole blood.
section 4.6. Definitions. The following terms as used in
this will shall, unless the context shall clearly indicate
otherwise, have the following respective meanings:
(A) Death Taxes. "Death Taxes" shall mean all federal
estate taxes and all local, state and foreign estate, inheritance,
transfer, legacy, succession and similar taxes which by reason of my
- 8 -
death may be properly imposed upon, applicable to or payable with
respect to any property or interest in property which may be
included as part of my estate for the purposes of such taxes, or any
one or more of them, including any property that may not be a part
of my estate for administration purposes, and any interest and
penalties thereon, but "Death Taxes" shall not include any of such
taxes attributable to property over which I may have a power of
appointment, which power was given by someone other than me, or any
interest or penalties thereon. "Death Tax" shall mean anyone of
such taxes.
(B) Issue. The term "issue" shall mean lineal
descendants of any degree of the ancestor designated.
(C) Maioritv and Minor. The term "majority" shall mean
the age of twenty-one years. The term "minor" shall mean a person
who has not attained majority.
(D) Trust Estate. The term "trust estate" at any
particular time with respect to any trust or fund created under this
will shall mean the properties at such time constituting the
principal, accumulated income and income of such trust or fund.
section 4.7. Number and Gender. Whenever used in this
will the singular shall include the plural, the plural shall include
the singular and the use of any gender shall be applicable to any
other gender or to all genders.
- 9 -
Section 4.8. Governing Law. Each trust and fund created
under this will shall be administered and construed in all respects
in accordance with the laws of Pennsylvania.
ARTICLE V
Appointment of Fiduciaries
Section 5.1. Trustees.
(A) Initial Appointment. I appoint my daughter, KATHRYNE
S. SPEAKER, and CUMBERLAND COUNTY NATIONAL BANK as the initial
Trustees of each trust and fund created under this will. Each trust
and fund created under this Will shall be administered by the same
Trustee, at least one of whom shall at all times be a Corporate
Trustee.
(B) No Successor Individual Trustee. My daughter may
resign as an Individual trustee at any time by an instrument in
writing signed by my daughter and delivered to the Corporate
Trustee. In the event of any such resignation or in the event of
the inability of my daughter to continue to serve as a Trustee, no
successor shall be appointed and the Corporate Trustee shall
thereafter serve as sole Trustee.
(C) Corporate Trustee: Resiqnation and Succession. The
Corporate Trustee may resign at any time by petitioning a court of
competent jurisdiction to appoint a successor Corporate Trustee
which shall be an association or corporation (located within or
- 10 -
without Pennsylvania) duly authorized to administer each trust and
fund created under this Will. In case of the merger or
consolidation of the Corporate Trustee, the resulting company shall
become successor Corporate Trustee hereunder without notice to any
party.
(D) Compensation. The Corporate Trustee shall be
entitled to receive annually compensation for its services hereunder
in accordance with its schedule of compensation currently in effect
when its services are performed. The Individual Trustee may (but
need not) receive reasonable compensation for services as a Trustee
hereunder. The compensation of the Trustees, separately and in the
aggregate, shall not exceed that which a court of competent
jurisdiction would approve.
(E) Division and Deleqation of Duties. The Corporate
Trustee shall perform all ministerial and administrative duties,
including the keeping of books and records, acting as custodian of
the trust property and preparing all necessary tax returns. The
Individual Trustee shall have full power and authority to delegate
from time to time to the Corporate Trustee by an instrument in
writing any or all of the Individual Trustee's rights, powers and
duties hereunder, to the end and purpose that the Corporate Trustee
may be entitled to act in all respects for both of such Trustees
during the term of the delegation.
- 11 -
(F) Removal of Coroorate Trustee. The Individual Trustee
shall have the right at any time to remove the Corporate Trustee and
substitute therefor another Corporate Trustee, which shall be an
association or corporation (whether located within or without
Pennsylvania) duly authorized to administer each trust and fund
created under this will. Any such removal shall be accomplished by
a writing signed by the Individual Trustee in two counterparts, of
which one shall be delivered to the Corporate Trustee to be removed
and the other shall be retained by the Individual Trustee, and shall
be effective upon the appointment and qualification of the successor
Corporate Trustee. Each appointment of a successor Corporate
Trustee shall be effected by a writing signed by the individual
Trustee and endorsed with the acceptance of the successor Corporate
Trustee.
Section 5.2. Executor. I hereby appoint my daughter,
KATHRYNE S. SPEAKER, as Executor of this Will. In the event of the
inability or unwillingness of my daughter to serve or to continue to
serve as such Executor, I appoint CUMBERLAND COUNTY NATIONAL BANK as
successor Executor.
Section 5.3. Guardian of Estate. I appoint CUMBERLAND
COUNTY NATIONAL BANK guardian of the estate of any minor receiving
any property free of trust by reason of my death, if such property
is in excess of the amount which may be paid to the minor or the
person maintaining the minor. The guardian holding property
hereunder may distribute the whole or any part of the income and
- 12 -
principal thereof to, or expend the same for the benefit of, the
minor, or may accumulate the whole or any part of the income, all
without liability on the part of the guardian to see to the
application thereof and without requiring bond or surety.
Section 5.4. Bond and Surety Excused. No bond shall be
required in any jurisdiction of any Executor, Trustee or other
fiduciary serving under this will (whether or not named herein),
including any administrator c.t.a. or ancillary administrator
appointed to administer my estate or, if a bond is required by law,
no surety on such bond shall be required.
ARTICLE VI
Powers of Fiduciaries
Section 6.1. Applicabilitv. The provisions of this
Article VI shall be applicable (unless the context clearly requires
otherwise) to the administration and management of my estate and
each fiduciary account created under this Will, and the terms
"Fiduciary" or "Fiduciaries" shall mean whichever of my Executor,
Trustees or other fiduciaries, and the term "trust estate" shall
mean whichever of my estate or such other fiduciary accounts, the
provisions of this Article VI are being applied to at the particular
time.
- 13 -
section 6.2. Powers and Limitations.
(A) Administrative Powers. In the administration and
management of my estate and any fiduciary account created under this
Will and in the management, investment and reinvestment of the trust
estate thereof, my Fiduciaries shall have and may exercise (subject
to any other provision of this will limiting or qualifying in any
way any power, authority or discretion of my Fiduciaries) full
power, authority and discretion without the necessity of obtaining
the order of any court to do all acts, to execute, acknowledge and
deliver all writings and to exercise for the benefit of all persons
who may be or become beneficiaries under the provisions of this will
any and all powers, authorities and discretions given to or vested
in such Fiduciaries by the provisions of this will or by law. By
way of illustration but not limitation, my Fiduciaries shall have
and may exercise the following powers: to retain property in the
form and character in which the same shall be received, including
the securities of any Corporate Fiduciary, without obligation to
diversify the same and without liability for any decline in the
value thereof; to invest and reinvest in any kind of property, real,
personal or mixed, or undivided or part interests therein, all
statutory and other limitations as to the investment of funds, now
or hereafter enacted or in force, being hereby waived; to borrow
money and to pledge all or any part of the assets of the trust
estate to secure such borrowing; to sell, pledge, exchange, mortgage
or lease for any term whatever any real or personal property; to
carry securities in the name of a nominee, including a clearing
corporation or depository or in book entry form or unregistered or
- 14 -
in such other form as will pass by delivery; to vote securities in
person or by proxy, except that the shares of any Corporate
Fiduciary shall be voted only as directed by the Individual
Fiduciary or, in the event there shall be no Individual Fiduciary
then serving, by an adult beneficiary of income of the trust estate
in which the shares are held; to distribute, without the necessity
of filing a jUdicial accounting or obtaining judicial approval, the
whole or any part of the trust estate upon the receipt and release
of the beneficiary entitled to receive such distribution, in which
event such Fiduciaries shall be relieved of all further liability
with respect to the property so distributed with like effect as if
such distribution had been made pursuant to an order of court; and
to make any distribution or division of the trust estate either in
cash or in kind, or partly in cash and partly in kind and to allot
different kinds of, or interests in, property to different shares,
all as the Fiduciaries shall determine to be equitable to effect
such distribution or division. As used in this Section 6.2,
references to the securities of any Corporate Fiduciary shall be
deemed to refer also to the securities of any corporation which has
control of, or is affiliated with, such Corporate Fiduciary.
(B) General Limitations. All powers, authorities and
discretions given to or vested in my Fiduciaries by the provisions
of this will or by law shall be exercisable by my Fiduciaries only
in a fiduciary capacity.
Section 6.3. Exercise of Discretionarv Powers. Each and
- 15 -
every power, authority and discretion given to or vested in my
Fiduciaries or a class of Fiduciaries by the provisions of this Will
or by law, whatever may be the nature or extent thereof, shall be
freely exercisable by my Fiduciaries or class at any time and from
time to time in their sole and absolute discretion, as they alone
shall determine. Each exercise thereof shall not be open to
question in any manner whatsoever by, and shall b~ binding upon,
each person having an interest in the trust estate. No Fiduciary
shall incur any personal liability of any character whatsoever by
reason of any matter or thing of whatsoever nature which may occur
in connection with the administration of the trust estate, save only
liability arising from gross negligence or willful default.
ARTICLE VII
Taxes
Section 7.1. PaYment of Death Taxes. I direct that all
Death Taxes shall be paid from my residuary estate passing under
Article III of this Will or, to the extent determined by my
Executor, by the Trustees from property (if any) distributable
directly to the Trustees; provided, however, that the payment
thereof shall not be made from any property which is not includible
in my estate for the purposes of one or more of such Death Taxes and
which would be so includible if used for such payment.
Section 7.2. Joint Returns Election. I authorize my
Executor to join with my wife or her personal representative in the
- 16 -
filing of a joint income tax return for any period for which such a
return may be permitted, without requiring her or her estate to
indemnify my estate against liability for the tax attributable to
her income, and to consent for federal gift tax purposes to having
gifts made by my wife during my lifetime treated as having been made
one-half by my wife and one-half by me.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this ~ ~ day of ~('Jit.t!.Ao..t~~/ ,1990.
jl;~
<?~cf~~
( SEAL)
SIGNED, SEALED, PUBLISHED and DECLARED by the above-
named Testator, P. JOSEPH McGRATH, as and for his Will, in the
presence of us who, at his request, in his presence and in the
presence of each other, have hereunto subscribed our names as
witnesses.
/? 2eL1!.;J r13-tuk tlet! -~1 ;:, MJJU <
d /~ !/L
Address ;tac -t-l/tW/aZ Address )/')<6 "9Yt~ /:;;c;"
ea-lli-h ;jilt -- f1d; - / 7f)f / <24-1M Nd1 ~. / /0/ I
{/ () '/ I
~4C241/)zJ 6-M-Ld..J
./ ::J
Address
~
- 17 -
COMMONWEALTH OF PENNSYLVANIA
)
)
)
SS:
COUNTY OF CUMBERLAND
We, P. JOSEPH McGRATH, ~ 1<3, 7dWA--
x:i&-l41p7?c;J;~(? ~ and ~~~4te.{:v,%y/~ . ,the
Testator and the w1tnesses, respect1vely, whose names are s1gned to
the foregoing Will, being first duly sworn according to law, do
depose and say that the Testator signed and executed the foregoing
instrument as his last Will, that he signed willingly, that he
executed it as his free and voluntary act for the purposes therein
expressed, that each of the witnesses, in the presence and hearing
of the Testator, signed the Will as witnesses and that to the best
of the knowledge of each the Testator was at that time eighteen
years of age or older, of sound mind and under no constraint or
undue influence.
. itness)
SUBSCRIBED, sworn to and acknowledged before me by
P. JOSEPH McGRATH, the Testator, and subscribed and sworn to before
me bY??!(l ~ ,~. Ml&A-, ~~~:? ~c;/ and
(/ - c/ -
- 18 -
~-:rvnP~~' witnesses, this (-Xc? day of ~:C'../d~,_
199 .
a!/~il~dfl-
// /'
~ Notary Public
[Notarial Seal]
My Commission Expires:
NOTARIAL SEAL
JOANN D. SPEAKER, NOTARY PUBLIC
CARLISLE BORD., CUMBERLAr~D COUNTY
MY COMMISSION EXPIRES APRIL 24, 1993
- 19 -
FINAL ESTATE SETTLEMENT AGREEMENT AND RELEASE
This Agreement is made by and among Kathryne Speaker, Executrix of the Estate ofP.
Joseph McGrath, a/kIa Patrick J. McGrath, a/kIa Joseph McGrath, deceased (hereinafter referred
to as Executrix), and Kathryne Speaker and the Robert J. McGrath Trust, as residuary
beneficiaries of said estate (hereinafter beneficiaries).
In accordance with the parties' desire that the administration of the Estate ofP. Joseph
McGrath be terminated without the expense and delay of a court accounting, the parties hereto, in
consideration of the mutual covenants herein expressed, and intending to be legally bound
hereby, agree that:
1. The Estate of P . Joseph McGrath, who died on October 24, 2004, is now in the process
of administration, Letters Testamentary having been duly granted to the Executrix by the Register
of Wills of Cumberland County on November 17, 2004.
2. Pursuant to the Last Will and Testament ofP. Joseph McGrath, distribution of
the estate shall be as follows:
Kathryne Speaker - 12 share
Robert J. McGrath Trust - YJ share
3. The parties acknowledge that the Executrix has received the assets and made the
payments as set forth in the First and Final Account of the Executrix, a copy of which is attached
hereto and made a part hereof, and the parties approve the said Account in its entirety.
4. The parties hereto agree that the remaining balance of the estate assets shall be
distributed as set forth in the Schedule of Distribution, a copy of which is attached hereto and
made a part hereof. Without intending to limit the rights or remedies of the Executrix, the parties
fUliher agree to indenmify the Executrix and save the Executrix harmless against all liability,
loss, and expense (including, but not limited to, costs and counsel fees) which the Executrix nlay
incur, whether due to the Executrix's negligence or othenvise, as a result of nlaking the above-
described distributions without a court audit.
S. The beneficiaries authorize the Executrix to reserve the sum of Ten Thousand
($10,000.00) Dollars pursuant to the Schedule of Proposed Distribution. Said reserve shall be
held until such time as the Estate prepares and files the final tax returns, and pays any remaining
attonley's fees and costs. The Executrix shall then distribute to the beneficiaries, in the
propoliion of their interests as set forth in Paragraph 2 above, and without further accolmting, the
balance then relnaining, which shall include but not be limited to, any additional interest earned
on any estate account. Should any proper liabilities of the Estate, whether for taxes or otherwise,
arise or come to the attention of the Executrix or any of the parties thereafter, the beneficiaries
agree to be jointly and severally liable therefor.
6. The parties, and each of them, hereby forever fully release, compromise, settle and
discharge any and all claims, demands, actions or causes of action, legal or equitable, absolute or
contingent, vested or hereafter to accrue, which any of them may have against any other party
hereto or against the Estate ofP. Joseph McGrath, deceased, or the Executrix thereof, by reason
of any nlatter, cause or thing growing out of or relating to any property or assets of the said
estate, or growing out of or relating to any act of the Executrix in her administration of said
estate, even if attributable to negligence, and agree that any period for the liInitation of actions
for the collection of any erroneous distribution or distributions shall commence only at such tillle
as the Executrix shall have obtained actual knowledge of such erroneous distribution or
distributions and that in no event shall the period for collection of any erroneous distribution or
distributions be less than two years after the actual discovery thereof by the Executrix.
7. The parties agree to execute such additional releases as the Executrix may submit to
thenl in order to confirm their discharge from any further liability to the parties in cOlU1ection
with the said estate.
8. This Agreement may be executed in multiple counterparts and, when so executed, shall
be binding upon all the parties, and their respective heirs, next-of-kin, personal representatives
and assigns.
IN" WITNESS WHEREOF, the parties have hereunto set their hands and seals.
~~ (SEAL)
KA THR SPE R, EXECUTRIX
OF THE ESTATE OF P. JOSEPH MCGRATH
~~ . (SEAL)
KATER . SPE R, BENEFICIARY
OF THE ESTATE OF P. JOSEPH MCGRATH
Signature page to Final Estate Settlement Agreement and Release and Schedule of Proposed
Distribution by and among the Executrix and Beneficiaries of the Estate ofP. Joseph McGrath
~
~ (SEAL)
ROBE T. CGRATH, BENEFICIARY
OF THE ESTATE OF P. JOSEPH MCGRATH
Kathryne Speaker, Executlix, hereby declares under oath (penalty of pel jury) that she has
fully and faithfully discharged her duties of this office; that the attached First and Final Account
is tl1.le and correct and fully discloses all transactions occurring during the accounting period; that
alllmown claims against the estate have been paid in full, unless otherwise disclosed herein; that,
to her knowledge, there are no claims now outstanding against the Estate which have not been
disclosed herein; and that all taxes presently due from the estate have been paid.
_~<~rE~
Kathryne eaker, Executrix
COMMONWEALTH OF PENNSYLVANIA:
: ss:
COUNTY OF DAUPHlN
On this, themay of ~~ ' 2006, before me, a Notary Public, the
undersigned officer, personally appeared athryne Speaker, mown to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and acknowledged
that she executed the saIne for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~~UA~
NOTARY PUBLIC
My Commission Expires: .5-1- Z 00(;;
NOTARW. SEAL
~A EVANGELJSn
Notary Public
SUICIIEfMNNA 1WP.IWIPH1N COUNTY
Mv CommIIIIon &pM Mav 7. 2008
PROPOSED SCHEDULE OF DISTRIBUTION
Balance on Hand:
Total Available for Distribution:
Less Reserve:
~ to Trust Under Will (Robert McGrath Beneficiary):
~ to Kathryne Speaker:
$108,857.10
108,857.10
1 O~OOO.OO
98,857.10
49,428.55
49,428.55
COURT OF COMMON PLEAS OF CUMBERLAND, PA
ORPHANS' COURT DIVISION
FIRST AND FINAL ACCOUNTING OF
Kathryn M. Speaker, Executor
For
Estate of P . Joseph McGrath
Date of Death:
Date of Appointment:
Accounting for the Period:
October 24, 2004
November 17, 2004
October 24,2004 to February 01,2006
Purpose of Account: The above fiduGiary offers this account to acquaint interested parties with the
transactions that have occurred during his/her administration.
It is important that the account be carefully examined.
Requests for additional information, or questions, or objections,
can be discussed with:
SERRATELLI,SCHIFFMAN, BROWN & CALHOON, P.C.
2080 Linglestown Road, Suite 201
Harrisburg, PA 17110
(717)540-9170
Signatures:
Estate ofP. Joseph McGrath
Summary of Account
Principal Page
Receipts 2 $ 203,194.45
Net Loss on Sales or Other Dispositions 4 (32.77)
$ 203,161.68
Less Disbursements: 6
Debts of Decedent $ 2,777.13
Funeral Expenses 4,768.12
Administrative Expenses 33,447.71
Federal & State Taxes 17,507.00
Fees & Commissions 12,579.00
71.078.96
Balance Before Distributions $ 132,082.72
Less Distributions to Beneficiaries 23 23,850.00
Principal Balance On Hand 24 $ 108.232.72
For Information:
Investments Made 25
Unpaid Expenses 26
Unrealized Gains and Losses 26
Income
Receipts 27 $ 624.38
Net Loss on Sales or Other Dispositions 28 0.00
$ 624.38
Less Disbursements: 29
0.00
Balance Before Distributions $ 624.38
Less Distributions to Beneficiaries 30 0.00
Income Balance on Hand 31 $ 624.38
For Information:
Investments Made 32
Unpaid Expenses 32
Unrealized Gains and Losses 32
Combined Balance on Hand $ 108,857.10
Page 1
(1 )
Estate ofP. Joseph McGrath
Receipts of Principal
Inventory Value
Cash and Cash Equivalents 10/24/2004
2004 Federal Personal Income
Tax Refund $ 2.839.00
Cash 133.05
Comcast Cable
(Refund) 33.60
County of Bucks 100.00
Department of Veterans Affairs
(Medical Reimbursements) 85.53
Liberty Mutual (Car Insurance
Refund) 40.00
Total Cash and Cash Equivalents $ 3,231.18
No. of Inventory Value
Shares Stocks 10/24/2004
118 Manulife Financial Corporation $ 5.160.00
Total Stocks 5,160.00
Inventory Value
Tangible Personal Property 10/24/2004
2002 Cadillac Eldorado $ 21.500.00
Personal Property 2,350.00
Total Tangible Personal Property 23,850.00
Page 1
(2)
Receipts of Principal (Continued)
Miscellaneous
Inventory Value
10/24/2004
Cross Country Motor Club, Inc.
(Refund)
$
45.00
John Hancock Policy #003313692
2,945.47
Total Miscellaneous
$
2,990.47
Real Property
Inventory Value
10/24/2004
229 Wood Street
Camp Hill, PA 17011
(Sale Proceeds)
$
167,962.80
Total Real Property
167,962.80
Total Receipts of Principal
$
203,194.45
Page 2
(3)
Estate of P . Joseph McGrath
Gains and Losses on Sales or Other Dispositions of Principal
Net Gain
Net Loss
03/02/2005 Collection
Cash
Net Proceeds $ 133.05
Carried at 133.05
03/02/2005 Collection
John Hancock Policy #003313692
Net Proceeds $ 2,945.4 7
Carried at 2,945.4 7
03/02/2005 Collection
118 Shares
Manulife Financial Corporation
Inventoried at $ 5,160.00
Net Proceeds 5,127.23 $ 32.77
05/09/2005 Collection
2004 Federal Personal Income
Tax Refund
Net Proceeds $ 2,839.00
Carried at 2,839.00
05/09/2005 Collection
Cross Country Motor Club, Inc.
(Refund)
Net Proceeds $ 45.00
Carried at 45.00
05/09/2005 Collection
Department of Veterans Affairs
(Medical Reimbursements)
Net Proceeds $ 85.53
Carried at 85.53
10/03/2005 Collection
229 Wood Street
Camp Hill, PA 17011
(Sale Proceeds)
Net Proceeds $ 167,962.80
Carried at 167,962.80
Page 1
(4)
Gains and Losses on Sales or Other Dispositions of Principal (Continued)
Net Gain Net Loss
10103/2005 Collection
Comcast Cable
(Refund)
Net Proceeds $ 33.60
Carried at 33.60
10/03/2005 Collection
Liberty Mutual (Car Insurance
Refund)
Net Proceeds $ 40.00
Carried at 40.00
10/21/2005 Sale
County of Bucks
Net Proceeds $ 1 00.00
Carried at 100.00
Total Gains and Losses $ 0.00 $ 32.77
Net Loss $ 32.77
Page 2
(5)
Estate of P . Joseph McGrath
Disbursements of Principal
Date Paid Amount Paid
Claims presented, allowed, paid, credited and
appearing in the Summary Statement
AT&T
10/21/2005 (12/S/04 - GM Card) $ 56.70
Check Number 114
Total AT&T $ 56.70
Chandler Hall Hospice
10/21/2005 (11/22/04 - PNC) $ 2,232.00
Check Number 114
Total Chandler Hall Hospice $ 2.232.00
Com cast Cablevision
10/21/2005 (11/1S/04-GM Card) $ 42.22
Check Number 114
Total Com cast Cablevision $ 42.22
Dr. Ziemba
10/21/2005 (1/1S/0S - PNC) $ 31.65
Check Number 114
Total Dr. Ziemba $ 31.65
GM Card
10/21/2005 (10/27/04 - GM Card) $ 109.49
Check Number 114
Total GM Card $ 109.49
PA American Water
1 0/21/2005 (11/15/04 - Autopay) $ 34.53
Check Number 114
$ 34.53
Page 1
(6)
Disbursements of Principal (Continued)
Date Paid Amount Paid
Claims presented, allowed, paid, credited and
appearing in the Summary Statement
Total PA American Water
PPL
1 0/21/2005 (11/3/04 - Autopay) $ 38.52
Check Number 114
Total PPL $ 38.52
U.G.I. Utilities
10/21/2005 (11/12/04 - Autopay) $ 110.81
Check Number 114
Total U.G.I. Utilities $ 110.81
Verizon
1 0/21/2005 (11/19/04 - Autopay) $ 14.68
Check Number 114
Total Verizon $ 14.68
Veterans Affairs
1 0/21/2005 (10/27/04 - PNC) $ 42.00
Check Number 114
1 0/21/2005 (1/18/05 - PNC) 64.53
Check Number 114
Total Veterans Affairs $ 106.53
Total Claims presented, allowed, paid, $ 2,777.13
credited and appearing in the Summary
Statement
Page 2
(7)
Disbursements of Principal (Continued)
Date Paid Amount Paid
Funeral Expenses
Auer Funeral Home
1 0/21/2005 (10/25/04 - PNC) $ 1,650.00
Check Number 114
Total Auer Funeral Home $ 1.650.00
Catholic Cemeteries
10/21/2005 (11/1/04 - PNC) $ 575.00
Check Number 114
Total Catholic Cemeteries $ 575.00
Good Shepherd Church
1 0/21/2005 (11-1-04 - 520.00 - Cash) $ 520.00
Check Number 114
Total Good Shepherd Church $ 520.00
West Shore Country Club
(Funeral Reception/Lunch)
08/10/2005 (11-5-04 - PNC - 1983.12 $ 2,023.12
10-30-04 - Cash - 40.00)
(Transfer on 8/10/05 to
Wachovia Estate Checking
#111 of $2000.00;
remainder reimbursed on
10/21/05 from Estate
Checking #114.
Check Number 111
Total West Shore Country Club
(Funeral Reception/Lunch) $ 2.023.12
Total Funeral Expenses $ 4,768.12
Page 3
(8)
Disbursements of Principal (Continued)
Date Paid Amount Paid
Administration Expenses
AT&T
08/08/2005 $ 96.33
Check Number 106
10/21/2005 (3/7/05 - GM Card) 92.08
Check Number 114
10/21/2005 (4/5/04 - GM Card) 124.86
Check Number 114
10/21/2005 (5/6/05 - GM Card) 58.97
Check Number 114
10/21/2005 (6/6/05 - GM Card) 59.71
Check Number 114
Total AT&T $ 431.95
Broadmoor Landscaping
08/22/2005 $ 76.30
Check Number 109
1 0/21/2005 (9/3/05 - PNC) 76.30
Check Number 114
10/21/2005 (9/18/05 - PNC) 78.40
Check Number 114
10/21/2005 (10/8/05 - PNC) 39.20
Check Number 114
Total Broadmoor Landscaping $ 270.20
Page 4
(9)
Disbursements of Principal (Continued)
Date Paid Amount Paid
Administration Expenses
Comcast Cablevision
10/21/2005 (12/28/04-GM Card) $ 42.24
Check Number 114
10/21/2005 (1/20/05-GMCard) 42.24
Check Number 114
10/21/2005 (2/17/05 - GM Card) 42.24
Check Number 114
1 0/21/2005 (3/26/05 - GM Card) 45.25
Check Number 114
1 0/21/2005 (4/23/05 - GM Card) 45.25
Check Number 114
Total Com cast Cablevision $ 217.22
Constable Garcia
(Eviction)
10/18/2005 (7/18/05 - SSBC) $ 70.00
Check Number 113
Total Constable Garcia
(Eviction) $ 70.00
Cumberland Law Journal
10/18/2005 (11/23/04 - SSBC) $ 75.00
Check Number 113
Total Cumberland Law Journal $ 75.00
Page 5
(10)
Disbursements of Principal (Continued)
Date Paid Amount Paid
Administration Expenses
Duty's Lock & Key
(Eviction)
10/18/2005 (S/4/05 - SSBC) $ 300.00
Check Number 113
Total Duty's Lock & Key
(Eviction) $ 300.00
GM Card
1 0/21/2005 (Late Charge Assessment $ 25.00
1-6-05)
Check Number 114
Total GM Card $ 25.00
Hampden Township
(Sewer/Trash)
10/21/2005 (1/31/05 - Autopay) $ 115.00
Check Number 114
10/21/2005 (4/29/05 - PNC) 115.00
Check Number 114
10/21/2005 (S/01/05 - PNC) 115.00
Check Number 114
Total Hampden Township
(Sewer/Trash) $ 345.00
Knepp's
(Carpeting and Tile Cleanup)
08/03/2005 $ 500.00
Check Number 105
Total Knepp's $ 500.00
Page 6
(11 )
Disbursements of Principal (Continued)
Date Paid Amount Paid
Administration Expenses
(Carpeting and Tile Cleanup)
Liberty Mutual
(Homeowner's Insurance)
08/10/2005 $ 63.92
Check Number 107
10/21/2005 ( 6/7 / 05 - PNC) 105.75
Check Number 114
10/21/2005 ( 7 / 8 / 0 5 - PNC) 63.92
Check Number 114
Total Liberty Mutual
(Homeowner's Insurance) $ 233.59
Magisterial District 09-3-04
10/18/2005 (5-12-05 - Filing Fee $ 95.50
Landlord/Tenant Company -
SSBC)
Check Number 113
10/18/2005 (7-5-05 - Writ of 10.00
Possession - SSBC)
Check Number 113
Total Magisterial District 09-3-04 $ 105.50
Maid to Perfection
(House Cleaning)
08/03/2005 $ 212.00
Check Number 103
Total Maid to Perfection
(House Cleaning) $ 212.00
Page 7
(12)
Disbursements of Principal (Continued)
Date Paid Amount Paid
Administration Expenses
Marie Huber, Tax Collector
09/02/2005 $ 1,489.64
Check Number 112
10/21/2005 (4/10/05 - PNC) 368.91
Check Number 114
Total Marie Huber, Tax Collector $ 1 ,858.55
Mooney's (Moving)
10/21/2005 (9/21/05 - BMS) $ 100.00
Check Number 114
10/21/2005 (9/27/05 - BMS) 500.00
Check Number 114
Total Mooney's (Moving) $ 600.00
PA American Water
10/21/2005 (12/13/04 - Autopay) $ 39.16
Check Number 114
10/21/2005 (1/11/05 - Autopay) 62.30
Check Number 114
10/21/2005 (2/14/05 - Autopay) 20.71
Check Number 114
10/21/2005 (3/14/05 - Autopay) 29.43
Check Number 114
10/21/2005 (4/12/05 - Autopay) 53.81
Check Number 114
10/21/2005 (5/16/05 - PNC) 93.08
Page 8
(13)
Disbursements of Principal (Continued)
Date Paid Amount Paid
Administration Expenses
Check Number 114
10/21/2005 (6/13/05 - PNC) 57.51
Check Number 114
10/21/2005 (8/15/05 - PNC) 52.89
Check Number 114
10/21/2005 (9/13/05 - PNC) 47.05
Check Number 114
10/21/2005 (7/15/05 - PNC) 77.92
Check Number 114
Total PA American Water $ 533.86
PennDOT
(Transfer of Car Title)
10/18/2005 (7/6/05 - SSBC) $ 58.50
Check Number 113
Total PennDOT
(Transfer of Car Title) $ 58.50
PennDot
1 0/21/2005 (3/12/05 - Robert J. $ 36.00
McGrath Car Registration
- GM Card)
Check Number 114
Total PennDot $ 36.00
Pennsylvania Turnpike Commission
(Easy Pay Fine while car still registered in
name of decedent, but driven by Robert
McGrath)
Page 9
(14)
Disbursements of Principal (Continued)
Date Paid Amount Paid
Administration Expenses
10/21/2005 (BMS ) $ 44.00
Check Number 114
Total Pennsylvania Turnpike Commission
(Easy Pay Fine while car still registered in
name of decedent, but driven by Robert
McGrath) $ 44.00
PPL
10/21/2005 (12/2/04 - Autopay) $ 30.39
Check Number 114
10/21/2005 (1/3/05 - Autopay) 35.98
Check Number 114
10/21/2005 (2/3/05 - Autopay) 49.29
Check Number 114
10/21/2005 (3/7/05 - Autopay) 43.13
Check Number 114
10/21/2005 (4/5/05 - Autopay) 113.45
Check Number 114
10/21/2005 (5/5/05 - Autopay) 72.70
Check Number 114
1 0/21/2005 (6/6/05 - PNC) 78.50
Check Number 114
10/21/2005 (7/5/05 - PNC) 70.87
Check Number 114
10/21/2005 (8/4/05 - PNC) 107.68
Check Number 114
Page 10
(15)
Disbursements of Principal (Continued)
Date Paid Amount Paid
Administration Expenses
10/21/2005 (9/5/05 - PNC) $ 92.34
Check Number 114
10/21/2005 (10/05 - PNC) 74.49
Check Number 114
Total PPL $ 768.82
Randy Ulsh, Appraiser
03/21/2005 $ 3 0 0 ..0 0
Check Number 093
Total Randy Ulsh, Appraiser $ 300.00
Register of Wills
10/18/2005 (4/26/05 - Filing $ 15.00
Fee-Inheritance Tax
Return - SSBC)
Check Number 113
Total Register of Wills $ 15.00
Richard Mowery
(Yard Work, Mowing, Hauling, Cleanup)
08/02/2005 $ 610.00
Check Number 104
Total Richard Mowery
(Yard Work, Mowing, Hauling, Cleanup) $ 610.00
Samuel W. Scharadin, Jr.
(Furniture Moving Expense)
10/18/2005 (8/18/05 - SSBC) $ 369.85
Check Number 113
Total Samuel W. Scharadin, Jr. $ 369.85
Page 11
(16)
Disbursements of Principal (Continued)
Date Paid Amount Paid
Administration Expenses
(Furniture Moving Expense)
The Sentinel
10/18/2005 (12/23/04 - SSBC) $ 86.21
Check Number 113
Total The Sentinel $ 86.21
The UPS Store
10/18/2005 (10-6-05 - Mailing Costs $ 7.36
to mail Robert McGrath's
shoes - SSBC)
Check Number 113
Total The UPS Store $ 7.36
U.G.I. Utilities
10/21/2005 (12/14/04 - Autopay) $ 148.00
Check Number 114
10/21/2005 (1/14/05 - Autopay) 148.00
Check Number 114
10/21/2005 (2/14/05 - Autopay) 148.00
Check Number 114
10/21/2005 (3/16/05 - Autopay) 110.00
Check Number 114
10/21/2005 (4/18/05 - Autopay) 110.00
Check Number 114
10/21/2005 (5/16/05 - PNC) 110.00
Check Number 114
10/21/2005 (6/15/05 - PNC) 232.00
Page 12
(17)
Disbursements of Principal (Continued)
Date Paid Amount Paid
Administration Expenses
Check Number 114
1 0/21/2005 (7/15/05 - PNC) 232.00
Check Number 114
1 0/21/2005 (8/16/05 - PNC) 232.00
Check Number 114
10/21/2005 (9/14/05 - PNC) 262.00
Check Number 114
1 0/21/2005 (10/25/05 - PNC) 311.06
Check Number 114
1 0/21/2005 ( 5/3 /05 - PNC) 156.88
Check Number 114
Total U.G.1. Utilities $ 2,199.94
Verizon
08/23/2005 $ 22.29
Check Number 108
1 0/21/2005 (12/20/04 - Autopay) 14.84
Check Number 114
10/21/2005 (1/24/05 - Autopay) 13.79
Check Number 114
10/21/2005 (2/22/05 - Autopay) 13.99
Check Number 114
10/21/2005 (3/22/05 - Autopay) 22.71
Check Number 114
10/21/2005 (4/05 - Autopay) 43.94
Page 13
(18)
Date Paid
10/21/2005
Page 14
Disbursements of Principal (Continued)
Amount Paid
Administration Expenses
Check Number 114
(5/20/05 - PNC)
Check Number 114
22.89
(19)
Disbursements of Principal (Continued)
Date Paid
Administration Expenses
10/21/2005
1. 12/15/04 - Mumma
Appliances 821.50-
BMS
2. 12/14/04 - 5366.00
1/6/05 - 3250.00
2/5/05 - 11,399.14
3/24/05 - 294.00
Dan Shuman (Painting,
Fixtures, Doors,
Bathroom
Ceilings, Kitchen
Counter
and backsplash, sink,
hang
curtains, railing,
plastic laminite on
existing
counter, flooring,
etc.) - - 20, 309. 14 -
BMS
3. 7/25/05 - Duron
(Touch-Up Sink - 15.27
- Cash
4. 5/3/05 - Beverly
pirritano
Wallpaper - 150.00 -
PNC
5. 7/22/05 - Zimmerman
Plumbing - 331.00 - BMS
6. 7/22/05 - Carpeting -
140.00 - CC
7. 7/25/05 - Anderson
Chimney
Sweeps - 157.94 - CC
Check Number 114
Total Wood Street Improvements/Repairs
Total Administration Expenses
Page 15
(20)
$
$
$
Amount Paid
21,924.85
21 ,924.85
33,447.71
Disbursements of Principal (Continued)
Date Paid Amount Paid
Federal and State Taxes
Register of Wills
10/21/2005 (1/10/05 - Fleet) $ 17,000.00
Check Number 114
10/21/2005 (4/24/05 - PNC) 507.00
Check Number 114
Total Register of Wills $ 17.507.00
Total Federal and State Taxes $ 17,507.00
Fees and Commissions
Marielle Hazen, Esq.
10/21/2005 (1/3/05 - 292.50 - PNC $ 797.50
2/26/05 - 180.00 - PNC
3/13/05 - 67.00 - PNC
4/24/05 - 46.00 - PNC
5/22/05 - 211.50 - PNC)
Check Number 114
Total Marielle Hazen, Esq. $ 797.50
Register of Wills
10/18/2005 (11/18/05 - Probate Fees $ 399.00
- SSBC)
Check Number 113
Total Register of Wills $ 399.00
Steven J. Schiffman, Esq.
10/18/2005 $ 9,650.00
Check Number 113
12/05/2005 775.00
Check Number 118
Page 16
(21 )
Disbursements of Principal (Continued)
Date Paid Amount Paid
Fees and Commissions
12/13/2005 $ 750.00
Check Number 119
01/16/2006 207.50
Check Number 120
Total Steven J. Schiffman, Esq. $ 11 ,382.50
Total Fees and Commissions $ 12,579.00
Total Disbursements of Principal $ 71.078.96
Page 17
(22)
Estate ofP. Joseph McGrath
Distributions of Principal to Beneficiaries
Pursuant to IIArticle II, Section
2.111 , all personal property is
bequeathed to the children of the
decedent as each of them may
select and in such shares,
whether equal or unequal, as
they may determine.
Robert J. McGrath
05/09/2005 2002 Cadillac Eldorado
$
05/09/2005 Personal Property
21,500.00
2,350.00
Total Distributions of Principal
Page 1
(23)
Distribution Value
$
$
23,850.00
23,850.00
Estate ofP. Joseph McGrath
Principal Balance On Hand
Valued as of February 01, 2006
Inventory Value
Cash and Cash Equivalents
Wachovia Estate Checking
Account #1010101064390
$
Wachovia High Performance
Money Market Estate Account
8,232.72
100,000.00
Total Cash and Cash Equivalents
Total Balance on Hand
Page 1
(24)
$
108,232.72
$
108,232.72
Estate ofP. Joseph McGrath
Information Schedules - Principal
Exchanges and Stock Distributions
Inventory
Value
2002 Cadillac Eldorado
10/24/2004
Received
(See Attached Used Car
Appraisal Report)
Distribution
To Robert J. McGrath
$ 21,500.00
05/09/2005
(21,500.00)
229 Wood Street
Camp Hill, PA 17011
(Sale Proceeds)
10/24/2004
Received
(See Attached Appraisal)
Collected
$ 167,962.80
10/03/2005
(167,962.80)
Cross Country Motor Club, Inc.
(Refund)
05/09/2005
10/10/2005
Collected
$ (45.00)
45.00
Received
John Hancock Policy #003313692
10/24/2004
03/02/2005
Received
Collected
$ 2,945.47
(2,945.4 7)
Manulife Financial Corporation
10/24/2004 118 Shs.
03/02/2005 (118) Shs.
Received
Collected
$ 5,160.00
(5,160.00)
Personal Property
10/24/2004
Received
(See Attached Inventory)
Distribution
To Robert J. McGrath
$
2,350.00
05/09/2005
(2,350.00)
Page 1
(25)
Estate ofP. Joseph McGrath
Principal Unrealized Gains and Losses
Market Value
Inventory Value
Total Unrealized
$
$
0.00
0.00
Page 1
(26)
Gain or (Loss)
$
0.00
Estate of P . Joseph McGrath
Receipts of Income
Income Collected
Wachovia High Performance Money
Market Estate Account
12/31/2005 Interest
$
624.38
Total Income Received
Page 1
(27)
624.38
$
$
624.38
Page 1
Estate ofP. Joseph McGrath
Gains and Losses on Sales or Other Dispositions of Income
Net Gain
Net Loss
No Gain or Loss
$
0.00
(28)
Date Paid
Page 1
Estate of P . Joseph McGrath
Disbursements of Income
Amount Paid
Total Disbursements of Income
$
0.00
(29)
Page 1
Estate ofP. Joseph McGrath
Distributions of Income to Beneficiaries
Distribution Value
Total Distributions of Income
$
0.00
(30)
Estate ofP. Joseph McGrath
Income Balance On Hand
Valued as of February 01, 2006
Inventory Value
Cash and Cash Equivalents
Wachovia High Performance
Money Market Estate Account
$
624.38
Total Cash and Cash Equivalents
Total Balance on Hand
Page 1
(31 )
$
624.38
$
624.38
Estate ofP. Joseph McGrath
Income Unrealized Gains and Losses
Market Value
Inventory Value
Page 1
(32)
Gain or (Loss)
SPECIAL NEEDS DISABILITY TRUST
FOR THE BENEFIT OF ROBERT J. MCGRATH
This Declaration of Trust (the "Trust") is established by The Court of Common Pleas of
Cumberland County, Pennsylvania, with THE FAMILY TRUST (ACHIEV A) , 711 Bingham
Street, Pittsburgh, Pennsylvania 15203, authorized by the Court to execute this trust document in
their capacity as Trustee, for the benefit of ROBERT J. MCGRATH, born August 21, 1948, who
is an adult, disabled individual as defined in Title XVI of the Social Security Act (the "Act"), 42
V.S.C. ~1382c(a)(3).
This Trust is established in accordance with a special provision of Title XIX of the Act,
specifically 42 V.S.C. ~1396p(d)(4)(A), as amended by the Omnibus Budget Reconciliation Act
of 1993 (and any federal or state regulations or other rules promulgated pursuant to that
provision) which exempts the assets held in the Trust from being included in the determination
of ROBERT J. MCGRATH's eligibility for, or amount of, medical benefits under a State Plan
under the Act, and therefore, the property directed to this Trust shall in no way be deemed to
have been or to be available to ROBERT J. MCGRATH.
THE FAMILY TRUST (ACHIEV A), or its successor(s), currently located at 711
Bingham Street, Pittsburgh, Pennsylvania 15203, shall serve hereunder as Trustee (the
"Trustee") and hold all assets and property acceptable to the Trustee which are added to this
Trust, and shall manage, invest and reinvest said property, shall collect the income therefrom and
shall distribute the net inCOlne and principal in accordance with the following provisions.
FIRST:
A. During ROBERT J. MCGRATH's lifetime, the Trustee shall pay to or apply
directly for ROBERT J. MCGRATH's benefit such parts or all or none of the net inCOlne and
principal as the Trustee shall determine in the Trustee's sole and absolute discretion for the extra
and supplemental care of ROBERT J. MCGRATH, subject to the provisions of Item SECOND
herein. Any income which is not distributed shall be accumulated and may be (but is not
required to be) added to principal. In exercising its discretion, the Trustee may consider all other
sources of income and resources actually known to it to be available to ROBERT J.
MCGRATH and all circumstances and factors deemed pertinent by the Trustee. In making
discretionary distributions to or for the benefit of ROBERT J. MCGRATH, the Trustee shall
not consider the effect such distributions may have upon the interest of any remainder
beneficiary.
B. Upon the first to occur of ROBERT J. MCGRATH's death or the earlier
termination of this Trust, the Trustee shall pay to the Commonwealth of Pennsylvania,
Department of Public Welfare, or any successor agency, and/or any other state which has
provided ROBERT J. MCGRATH with medical care under a state medical assistance program,
as a beneficiary hereunder, an amount which is equal to the lesser of the amount paid to
ROBERT J. MCGRATH under such plan or plans from the time of creation of this Trust until
his death or earlier termination of this Trust (as finally determined by such state or states), or the
balance remaining in the Trust, in accordance with 42 U.S.C. ~ 1396p(d)(4)(A).
C. The Trust shall terminate upon ROBERT J. MCGRATH's death and the Trustee
shall distribute any principal and accumulated income remaining in the Trust, after the
distribution directed in paragraph B., outright to ROBERT J. MCGRATH's fiancee, DIANE
BRINDLE, of Allegheny County, Pennsylvania, Per Stirpes.
SECOND:
A.
Wherever the Trustee has the discretion to determine whether or to what extent
principal or income shall be distributed to or used for the benefit of ROBERT J. MCGRATH,
2
the Trustee shall consider the resources and sources of funds available to him through any state
or federal public assistance program. In making this determination, the Trustee shall consider
that the purpose of this Trust is not to supplant public assistance benefits, but to supplement
those benefits by providing only for ROBERT J. MCGRATH's special needs, that is, to
provide the extra and supplemental care for ROBERT J. MCGRATH which will not disqualify
him is from any local, state or federal benefits. No portion of the principal or undistributed
income of the Trust shall be considered available to ROBERT J. MCGRATH for determining
eligibility for assistance from any local, state or federal government agency, department or
program. If ROBERT J. MCGRATH receives assistance for basic maintenance, support, care
or services, the Trustee is prohibited from using or applying the Trust assets in any way that
would jeopardize such assistance. In making discretionary distributions to or for the benefit of
ROBERT J. MCGRATH, the Trustee shall not consider the effect such distributions may have
upon the interest of any remainder beneficiary.
If the Trustee ever petitions the Court to authorize a distribution from principal or to
amend or modify the terms of the Trust, notice shall be provided to the Department of Public
Welfare.
B. The term "special needs" refers to the maintenance of ROBERT J.
MCGRATH's good health, safety and welfare when, in the discretion of the Trustee, such needs
are not provided by any public assistance agency or other public or private source. Such needs
may include but are not limited to extra and supplemental medical and dental care, physical and
Inental health care, nursing and custodial care, therapies, nutrition, socialization, transportation,
maintenance, education, equipment, prepaid funeral and burial expenses, therapeutic travel,
recreation, and the like over and above the amount of benefits he otherwise receives from any
local, state or federal government or from any other private or public source.
3
THIRD: he Trustee is expressly authorized to receive additional property from ROBERT J.
MCGRATH or any other person and to administer and distribute it as a part of this Trust.
FOURTH:
This is a discretionary, non-support Trust. No principal or income of the Trust shall be
anticipated, assigned, or encumbered. The Trust shall not be liable for any debt, contract or
engagement of any beneficiary nor subject to any legal process. No part of this Trust estate shall
be construed as being subject to the claims of the beneficiary's voluntary or involuntary
creditors. The Trustee shall deny any request by any public or private entity to disburse Trust
funds for support or other care that such entity has the obligation to provide to the Trust
beneficiary. Any discretion under this document, if exercised or not exercised, shall be
conclusive upon all persons concerned so long as such discretion is exercised in good faith.
FIFTH:
Upon ROBERT J. MCGRATH's death, any principal or income to which a beneficiary
under the age of twenty-one (21) years becomes entitled absolutely under the foregoing
provisions may nevertheless be retained by the Trustee in Trust for the beneficiary until the
beneficiary attains the age of twenty-one (21) years and income may be accumulated and
invested in accordance with the investment powers given the Trustee. The Trustee may apply
such part or all or none of the income and principal as the Trustee may determine in the sole and
absolute discretion of the Trustee for the education, support and welfare of the beneficiary, by
the payment of bills therefore or by direct payment to the beneficiary or by payment to any
person selected by the Trustee to disburse such funds, whose receipt shall be a complete
discharge of the Trustee therefore. If the Trustee determines that it is impractical to administer a
share hereunder, the Trustee may in discharge of all duty hereunder deposit it in an interest-
bearing account in the name of the beneficiary, with or without restrictions on withdrawal prior
4
to age twenty-one (21), as the Trustee deems appropriate or may pay the beneficiary's share to
the parent or other person having custody of the beneficiary, or may transfer the funds to a
custodian designated by the Trustee for the beneficiary under the Uniform Transfers to Minors
Act of Pennsylvania or similar legislation in any other jurisdiction. All funds not paid to or
applied for the beneficiary in accordance with the foregoing provisions shall be paid to the
beneficiary at age twenty-one (21) or to the beneficiary's personal representative in the event of
the beneficiary's death prior to age twenty-one (21).
SIXTH:
If ROBERT J. MCGRATH's testamentary estate, exclusive of his residence and
tangible personal property, shall be insufficient to pay his debts, funeral expenses, and expenses
of the administration of his estate, the Trustee may in the sole discretion of the Trustee pay any
part or all of such debts and expenses out of the principal of this Trust but none of said debts or
expenses shall be enforceable against the Trustee by reason of this provision.
SEVENTH:
All estate, inheritance and other death taxes and any interest and penalties thereon
imposed by reason of ROBERT J. MCGRATH's dcath on property forming the principal of
this Trust at ROBERT J. MCGRATH's death shall be paid out of the principal of the Trust
without apportionment or reimbursement. In addition the Trustee shall have the power but not
the duty to pay from the principal of such Trust, either directly or to the personal representative
of ROBERT J. MCGRATH's estate, as much of such taxes, and interest and penalties thereon,
on the balance of his gross estate for tax purposes as the Trustee may determine in order to
facilitate the settlement of ROBERT J. MCGRATH's estate. No beneficiary shall be required
to refund any part of such taxes, interest or penalties.
5
EIGHTH:
All income derived from assets received as principal of this Trust during ROBERT J.
MCGRATH's lifetime which has accrued when such assets become subject to this Trust but
which is received by the Trustee thereafter, whether the same is legally principal or income, shall
be applied in accordance with the provisions herein set forth for the distribution of income.
NINTH:
The Trustee shall have the following powers during the administration and until the
completion of distribution of this Trust and any trusts hereunder in addition to any powers given
the Trustee by law which the Trustee may exercise in the sole discretion of the Trustee and
without Court approval:
A. To retain and invest in all forms of real and personal property, including stock,
common trust funds and mutual funds of any corporate trustee hereunder of any holding
company controlling the corporate trustee, and including real property to be used as a residence
suitable for ROBERT J. MCGRATH's special needs notwithstanding the fact that such
property is non-income producing, without restriction to investments authorized by law.
B. To join in any merger, consolidation, reorganization, voting trust plan or similar
action, and to delegate discretionary powers or duties with respect thereto.
C. To sell at public or private sale for cash or credit, to exchange, or to lease for any
period of time, any real or personal property, to give options for sales, exchanges or leases and to
allocate premiums from the sale of options to income or principal.
D. To take any and all action which the fiduciary deems necessary to prevent, abate,
"clean up" or otherwise respond to any actual or potential violation of any federal, state or local
law, rule or ordinance affecting any property held in this Trust related to the generation, use,
treatment, storage, disposal, release, discharge of, or contamination by, any materials or
6
~
substances that are prohibited or regulated by federal, state or local law or that pose a hazard to
the environment or human health, and to charge the expense thereof to principal or to income or
partl y to each.
E. To borrow money from anyone, including a Trustee hereunder, and to mortgage
or pledge any assets as security therefore.
F. To compromise or settle claims without obtaining ROBERT J. MCGRATH's
consent.
G. To make distribution in kind and to cause any share to be composed of cash,
property or undivided fractional shares in property different in kind from any other share, giving
consideration to such extent as the Trustee determines to the federal income tax basis of such
property.
H. In the sole discretion of the Trustee to apply any payment of income or principal
to which ROBERT J. MCGRATH is entitled hereunder directly for his benefit or to pay it to a
legally appointed guardian or such other person as the Trustee selects to disburse it for
ROBERT J. MCGRATH's benefit. The receipt of the person so selected shall be a complete
discharge of the Trustee therefore.
I. To repair and maintain any real or personal property and to charge the expense to
income or principal.
J. To apply to income or principal any corporate distribution which is described or
designated by the corporation as a stock dividend or as a distribution which may be received
either in cash or in shares of the corporation at the option of the holder.
K. To arrange for the services of any public or private organization established to
assist disabled persons, to monitor ROBERT J. MCGRATH's living conditions, evaluate his
needs and identify available social, financial, developmental or other programs, without
7
. iI
diminution of compensation otherwise properly payable to the Trustee and to charge the expense
thereof either to principal or to income or partly to each, without liability for any act or omission
of any such individual or organization or for any act or omission made in reliance on the advice
of such individual or organization provided such person or organization was retained with
reasonable care and prudence.
L. To retain legal or professional assistance in establishing and administering this
Trust and accomplishing its purpose, without diminution of compensation otherwise properly
payable to the Trustee and to charge the expense thereof either to principal or to income or partly
to each, and without liability for any act or omission of any such individual for any act or
omission made in reliance on the advice of such individual provided such person or organization
was retained with reasonable care and prudence.
M.
TENTH:
To register investments in nominee name or to hold investments in bearer form.
All reasonable expenses in establishing, maintaining, administering, and defending this
Trust, including but not limited to reasonable attorneys' fees, accounting fees, trustee's fees, and
costs shall be proper charges to the Trust.
ELEVENTH:
The situs of this Trust is Pennsylvania and all questions pertaining to the validity,
construction, interpretation and administration of this Trust shall be determined in accordance
with the laws of Pennsylvania and the applicable laws of the United States.
TWELFTH:
A. The Court having jurisdiction of this Trust and the Trustee with the approval of
said Court may amend this Trust so that it conforms with 42 U.S.C. ~ 1396p(d)(4)(A) and any
8
, ..
related statutes or regulations, including state statutes and regulations, consistent with the
provisions and purposes of OBRA '93 and any amendments thereto.
B. Anything hereinbefore to the contrary notwithstanding, the Trustee with the
approval of said Court, shall have the discretion to terminate this Trust at any time if the Trustee
in its sole and absolute discretion determines that the continuance of the Trust is impractical,
uneconomical or for other reasons unwise. Upon such early termination, the Trustee shall first
make any distribution required under Item FIRST, paragraph B. and any remaining principal
shall be distributed directly to ROBERT J. MCGRATH, or, if ROBERT J. MCGRATH is
legally incapacitated, to the guardian of his estate or other legal representative in accordance
with the Order of said Court.
THIRTEENTH:
This Trust shall be irrevocable. Notwithstanding any common law or statutory provision
to the contrary, neither ROBERT J. MCGRATH nor any legal representative acting for
ROBERT J. MCGRATH shall have the right to alter, amend or revoke any provision of this
Trust, or to withdraw any funds from this Trust.
FOURTEENTH:
A. The Trustee, THE FAMILY TRUST (ACHIEV A), or its successor(s), shall
have the power to designate a successor corporate Trustee to serve in its place if the Trustees or
Successor Trustee is unable to serve or to continue serving as Trustee.
B. Any corporate Trustee shall receive compensation for the performance of its
functions as Trustee hereunder in accordance with its schedule of fees in effect from time to time
during the period in which its services are performed.
9
-. ..
C. No Trustee shall be required to enter bond or other security in any jurisdiction.
IN WITNESS WHEREOF, the Trustors and Trustees, have caused this Declaration of
Trust to be executed on the _ day of
, 2006:
WITNESS:
TRUSTOR:
THE FAMILY TRUST (ACHIEV A)
By:
Name: .Kathleen Hendrickson
Title: Trust Officer
WITNESS:
TRUSTEE:
THE F AMIL Y TRUST (ACHIEV A)
By:
Name: .Kathleen Hendrickson
Title: Trust Officer
10
" .
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF ALLEGHENY
On
, 2006, before me a Notary Public for the Commonwealth
of Pennsylvania, personally appeared Kathleen Hendrickson, as Trustor, known to me to be the
person whose name is subscribed to the within instrument and acknowledged that she executed
the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notary Public
COMMONWEALTH OF PENNSYL VANIA
SS:
COUNTY OF ALLEGHENY
On , 2006, before me a Notary Public for the Commonwealth
of Pennsylvania, personally appeared Kathleen Hendrickson, a Trust Officer on behalf of The
Family Trust (Achieva), as Trustee, known to me to be the person whose name is subscribed to
the within instrument and acknowledged that she executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notary Public
11
y
, ., ~ :J5
.i \,,;~ '
c/
IN RE: ESTATE OF P. JOSEPH
MCGRATH, a.k.a. PATRICK
J. MCGRATH, a.k.a. JOSEPH
MCGRATH, Deceased
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
: No. 2004-01052
DECREE
AND NOW, .J u..J1 L 2. 8 I Ll)() b , upon consideration ofthe foregoing
Stipulation, it is hereby Ordered and Decreed as follows:
1. The Trust under Will of P. Joseph McGrath for the benefit of Robert J. McGrath
is hereby terminated;
2. A Special Needs Disability Trust for the benefit of Robert J. McGrath is hereby
created and The Family Trust, Achieva, is hereby authorized to execute this trust document in
their capacity as Trustee; and
3. The Trustee is here by authorized to fund the Special Needs Disability Trust with
Robert J. McGrath's final distribution from the Estate ofP. Joseph McGrath.
BY THE COURT,
J.
-)
C.,('}
-)
--J
STATUS REPORT UNDER RULE 6.12
Name of Decedent: P. JOSEPH MCGRATH
Date of Death: 10-24-2004
Will No. 2004-01052
Admin. No.
Pursuant to Rule 6.12 ofthe Supreme Court Orphans' Court Rules, I report the following with
respect to completion of the administration of the above-captioned estate:
1. State whether administration of the estate is complete:
Yes....L. No
2. Ifthe answer is No, state when the personal representative reasonably believes that
the administration will be complete:
3. If the answer to No. 1 is Yes, state the following:
a. Did the personal representative file a final account with the Court? Y es_ No~
b. The separate Orphans' Court No. (if any) for the personal representative's account is:
c. Did the personal representative state an account informally to the parties in interest?
Yes...K- No_
d. Copies of receipts, releases, joinders and approvals of formal or informal accounts may
'1
be filed with the Clerk of the Orphans' Court and ~;~:.:;~ to this report.
Dated: q .-1- 0(0 / ~ Vii' L!---
t.. . I'
Sig1;ta(6re
/v
f
STEVE~ J. SCHIFFMAN, ESQ.
1\
J~:.iU
2080 Linglestown Road, Suite 201
Harrisburg, P A 17110
Address
(717) 540-9170
Telephone Number
t:;:i\.J
\ ,
\ I
Capacity: _ Personal Representative
...x. Counsel for Personal Representative
Representative
~
September 7, 2006
K. S,RRX';EU
Register of Wills
Cumberland County Courthouse
. B '\Y', One Courthouse Square
Carlisle, P A 17013-3387
C ;:()()~
Re: Estate ofP. Joseph McGrath
No. 2004-01052
Dear Sir/Madame:
.'
Enclosed for filing, please find the original and one copy of the final
. \ .. status report with regard to the above captioned Estate.
f'
Please time and date stamp the extra copy and return it to me in the
1/.: . ,enclosed envelope.
Thank you for your assistance in this matter.
, .,
..
Very truly yours,
SERRA TELLI, SCHIFFMAN,
BROWN & CALHOON, P.C.
': ,f, ~.I ( (I /
~t~yt luA~ff'JI
Debra A Evangelisti, P~ralega!
C")
h)
---,
r:)
t-",,"
/dae
',. j
:/J
,"j
;",
Enclosure
-,
cc: Kathryne Speaker
~>-".~
(.'1
.r.-