HomeMy WebLinkAbout02-0602
PETITION FOR PROBATE & GRANT OF LETTERS
Estate of WilLIAM E. CORNMAN
also known as
, deceased.
No. 21-02- l.O~
To: Register of Wills for the
County of Cumberland
Commonwealth of Pennsylvania
Social Security No.
191-18-4307
The Petition of the undersigned respectfully represents that:
Your Petitioners, who are 18 years of age or older and the Co-Executors named in the last Will of the
above decedent dated February 26 , 2000, and codicils dated none, 1 g~ The Executrix
named Miriam L. Cornman died June 17, 2001 . Renunciations for none attached hereto.
Decedent was domiciied at death in Cumberland County, Pennsylvania, with his last famiiy or principal
residence at 525 West South Street, Carlisle Borouqh
Decedent, then.!ill..- years of age, died June 1
Harrisburq, Dauphin Countv. Pennsvlvania
, 2002, at
Harrisburq Hospital.
Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted
after execution of the Will offered for probate; was not the victim of a killing and was never adjudicated
incompetent:
Decedent at death owned property with estimated values as follows:
(If domiciled in PAl All personal property
(If not domiciled in PAl Personal property in PA
(If not domiciled in PAl Personal property in County
Value of real estate in Pennsylvania, situated as follows:
$38,000.00
$
$
$
WHEREFORE, Petitioners respectfully requests the probate of the last Will and Codicil(s) presented
herewith and the grant of letters testamentary thereon.
Signature(s) and Residence(s) of Petitioner(s):
~dfi C..-
RONALD L. CORNMAN
525 West South Street
Carlisle, PA 17013
717-249-1170
~ Lcu.~ ~ /<..0-, cJ.U.z.
TRACIE CORNMAN n/kla
TRACIE KONDEK
841 Girard Road
Toms River, NJ 08753
732-270-2266
OATH OF PERSONAL REPRESENT A TIVE
COMMONWEALTH OF PENNSYLVANIA
ss
COUNTY OF CUMBERLAND
The Petitioner(s) above named swear(s) or affirm(s) that the statements in the foregoing petition are
true and correct to the best of the knowiedge and beilef of Petitioner(s) and that as personal representative of
the above decedent, petitioner(s) will well and truly administer the estate according to law.
G2-d ~ C}.-
RONALD L. CORNMAN
~Lnn~ ~;c:-,~
TRACIE CORNMAN n/k/a
TRACIE KONDEK
Sworn to or affirmed and subscribed
before me this 1st day of
Jul 2002.
e
-
Register
17-1;;{~/~
No. 21-02- 602
Estate of WILLIAM E. CORNMAN
, deceased.
DECREE OF PROBATE & GRANT OF LETTERS
AND NOW, Julv 1st , 2002, in consideration of the Petition on the reverse
side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated
February 26. 2000 described therein be admitted to probate and filed of record as
the Last Will of William E. Cornman: and Letters Testamentary __are hereby granted to
RONALD L. CORNMAN and TRACIE CORNMAN n/kla TRACIE I<ONDEK
IRWIN McKNIGHT & HUGHES
FEES
Probate, Letters, Etc. . . . . . . . $ 70.00
Short Certificates(-3- ) . . . . $ 9.00
Renunciation(s) ... . . . . . . . . $
JCP .. . . . . . . . ... .. . . . . . . $ 5.00
Other Will Paqes (-4-) .... $ 12.00
TOTAL: .... $ 96.00
Filed .July.1st.20.02 ... ..........
James D. Huqhes. Esquire (58884)
ATTORNEY (Sup. Ct. I.D. No.)
60 West Pomfret Sl.. Carlisle, PA 17013
ADDRESS
717-249-2353
PHONE
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Call Attorney 33@es D. Hughes 249-2353
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This is to certiFy that the information here give:] is correctly copi~d fror~l an original certificate of death du!~ filed with
Local Registrar. The original certificate will be forwarded to the State VItal Records Office for permanent hlIng.
me as
WARNING: It is illegal to duplicate this copy by photostat or photograph.
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Local Registrar
Fec for this certifIcate, $2.00
JUN ' 3 zaal
Date
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COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
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- LAST WILL & TESTAMENT -
(Pour-over Will)
21-2002-602
WILLIAM E. CORNMAN
L WILLIAM E. CORNMAN, a resident of Cumberland County, State of
Pennsylvania, revoke any prior Wills and Codicils and make this my Last Will &
Testament.
ARTICLE ONE
- Payment of Expenses & Taxes -
I instruct my Personal Representative to make payments from my estate viz:
1. Except to the extent paid by United States obligations accepted by the United
States Treasury Department at par in payment of federal estate taxes that are assets
of the -
and that are required to be applied by the Trustee of said Trust in payment of
federal estate taxes that become due because of my death, my Personal
Representative shall pay said federal estate taxes by first applying to such payment
any such United States obligations that are assets of my estate.
FAMILY TRUST
2 G z. o-zr-i>
2. My Personal Representative shall pay from the residue of my estate or shall
direct the Trustee of said Trust to pay, or both, as determined in the sole discretion
of my Personal Representative, the expenses of my last illness and funeral, valid
debts, expenses of administering my estate, including non-probate assets, and any
estate or other death taxes which become due because of my death, including any
interest and penalties.
3. It is the purpose and intent of this Paragraph (and Sub-Paragraphs) that, so
far as is practical, any estate taxes paid shall be paid out of my entire estate whether
passing by this Will or otherwise concerning property over which I possessed a
general power of appointment, before distribution to any beneficiary:
3.1. If estate (or income) tax or any part thereof is paid by, or collected out of,
that part of my estate passing to or in the possession of any person other than my
Personal Representative, in its capacity as Personal Representative, such person
shall be entitled to reimbursement out of any part of my estate, or otherwise, still
undistributed. Such reimbursements may be by a just and equitable contribution by
the persons whose interest in my estate would have been reduced if the tax had been
paid before distribution or whose interest is subject to equal or prior liability for the
payment of taxes, debts, or other charges against my estate.
3.2. If any part of my gross estate on which estate tax has been paid consists
of the value of property included in my gross estate under IRC Section 2041, my
1
Personal Representative shall be entitled to recover from the person (or persons,
prorata if more than one recipient) receiving such property by reason of the exercise,
nonexercise, or release of a power of appointment, such portion of the total tax paid
as the value of such property bears to the taxable estate.
3.3. In the case of any such property received by my spouse for which a
deduction is allowed under IRC Section 2056 (relating to the marital deduction), this
Paragraph (and Sub-Paragraphs) shall not apply to such property except as to the
value thereof reduced by an amount equal to the excess of the aggregate amount of
the marital deductions allowed under Section 2056.
3.4. If any part of my gross estate consists of property which is includible in
my gross estate by reason of IRC Section 2044, relating to certain property for which
a marital deduction was previously allowed, my estate shall be entitled to recover
from the person receiving the property the amount by which the total tax which has
been paid exceeds the total tax which would have been payable if the value of such
property had not been included in my gross estate.
3.5. My Personal Representative may (i) exercise all of the foregoing elections
and any others available under any tax law, to obtain, to the extent practicable, both
the optimum reduction in my estate taxes and in the income taxes estimated to be
payable by my estate or the beneficiaries thereof, any business interests in my estate
and the optimum deferral of all of those taxes, (ii) make adjustments between
income and principal amounts and to allocate the benefits from any election among
the various beneficiaries of my estate, and (iii) compensate for the consequences of
any election that it believes has had the effect of preferring one beneficiary or a
group of beneficiaries of my estate over others.
3.6. All such foregoing elections and adjustments shall not, however,
diminish any portion that would create an adverse taxable event to my estate or
beneficiaries thereof.
ARTICLE TWO
- Specific Allocations -
I give and bequeath the following:
1. I give all of my tangible personal property (unless such has been transferred to,
and otherwise designated in, said Trust) to my wife if she survives me, or if she does not
survive me, to the Trustee of the -
CO~~~LYTRUST
Dated: Z c:, . Z-c:r-tTV
2. I give all interests in real property used by me or my wife for residential
purposes, and all real estate contiguous to or used in conjunction with such
property, to my wife if she survives me (unless such property has been transferred to,
and otherwise designated in, said Trust).
2
ARTICLE THREE
- Estate Residue Disposition-
I give the rest, residue and remainder of my estate, that may not have been
transferred to said Trust during my lifetime, consisting of all the property I can
dispose of by my Will and not effectively disposed of by the preceding Articles of
this Will, to the Trustee of said Trust, as amended and existing at my death, in order
to be added to and disposed of as a part of the assets of such Trust.
ARTICLE FOUR
- Personal Representative Appointment -
I hereby nominate and appoint my wife, MIRIAM CORNMAN, to serve as the
Personal Representative of my Will.
1. My wife shall have the power to nominate any additional or Successor
Personal Representative.
2. If my wife is unable or unwilling to serve, then I hereby nominate RONALD
L. CORNMAN & TRACIE CORNMAN to serve together; or, one shall serve alone
if the other is unwilling or unable to serve.
ARTICLE FIVE
- Fiduciary Provisions -
The following shall apply to my Fiduciary / Personal Representative:
1. Administrative Powers:
My Personal Representative, in addition to all other powers conferred by law
that are not inconsistent with those contained herein, shall have the power,
exercisable without authorization of any court to (i) sell at private or public sale, to
retain, to lease, and to mortgage or pledge for the purpose of borrowing money, any
or all of the real or personal property of my probate estate (if any), (ii) make partial
distributions from my probate estate (if any) from time to time and to distribute the
residue in cash or in kind or partly in each, and for that purpose to determine the
value of property distributed in kind, and (iii) sell to, buy from, lend to, and borrow
from the Trustee of said Trust even though such Trustee may be the same as my
Personal Representative.
2. Administrative Provisions:
2.1. I direct unsupervised administration of my estate and that my probate
estate (if any) be administered in as informal a manner as my Personal
Representative deems advisable and as applicable law permits. No bond or other
indemnity shall be required of any Personal Representative. I expressly waive any
requirement that any Trust created by me be submitted to the jurisdiction of any
court, or that the Trustee of such Trust(s) be appointed or confirmed, or that their
accounts be heard by any court. This waiver shall not prevent any Trustee or
beneficiary from requesting any of these procedures.
3
2.2. To effect the nomination of my Personal Representative, the person
possessing the nomination shall file with the court, having jurisdiction over my
estate, at any time after the date of my death. If a 30-day period lapses during which
no Personal Representative is acting hereunder and no nomination is filed with the
court, a statement that a designated person or entity is nominated as an additional
or Successor Personal Representative shall be filed, by the heirs (beneficiaries) of my
estate, to effectively appoint a Successor Personal Representative on my behalf.
ARTICLE SIX
- Postmortem Directives -
I have no specific directives concerning the disposal of my body or a memorial
service other than those arrangements I have made, either verbally or expressly,
with my Personal Representative or family member(s) or other entity.
ARTICLE SEVEN
- Contents of Will, Testimonial and Attestation Provisions -
This Last Will & Testament consists of seven (7) Articles (this Article inclusive)
and four (4) pages. Following this (final) Article Seven is an unnumbered page
containing a self-proving affidavit.
I: ~~~ESS W~ I HAVE HEREUNTO SET MY HAND AND SEAL THIS
,0"" DAY OF. ~~ ~
, xl.A)~L.I?~
WILLIAM E. CORNMAN
Signed, sealed, published and declared by the above named Testator as (and for) his
Last Will & Testament in our presence who, at his request, in his presence and in the
presence of each other, have hereunto subscribed our names as witnesses.
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Subscribed, sworn to and acknowl
-20 ~ay of
NOTARY SEAL:
4
- AFFIDAVIT OF TESTATOR-
STATE OF PENNSYLVANIA
COUNTY OF CUMBERLAND
I, WILLIAM E. CORNMAN, the Testator of the within, hereby certify that I
executed my signature on said Will this - ,
dh$""YO""~~ ~.
I further certify that I requested signatures as tnesses to my Last Will & Testament
from the following individuals:
~~W1e:S t {'/."uit (and)
Witness Name
.~
WILLIAM E. CORNMAN
~
x
- AFFIDAVIT OF WITNESSES -
We, LJ"U1= L HI4./p- & /l//~E cI ~;/f" . (the
witnesses), being first duly sworn, do depose and say to the undersigned authority
that we witnessed the Testator's execution of his Last Will & Testament and that he
signed it willingly and that each of us, in the presence and hearing of the Testator,
hereby sign herein as witness to the Testator's signing, and that to the best of our
knowledge the Testator is eighteen years of age or older, of sound mind, under no
constraint or undue influence and competent to make testamentary disposition of
real and personal property.
x~~7f~
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Witness /
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Su5scribed, sworn to and acknowl
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0( ~ day of
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Address
ged before me this -
2-~
NOTARY SEAL:
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Notarial Se!ll
Paullne 1. Serfass, Nolary Public
MIlford Twp.. Bucl<s County
My Commission EXplf96 Jan. 27, aQlI1
ember Pennsvlvani~ Association of Notarie~
J-
CERTIFICATION OF NOTICE UNDER RULE 5.6(a)
Name of Decedent:
WILLIAM E. CORNMAN
Date of Death:
JUNE 1. 2002
Estate No.:
21-02-0602
To the Register:
I certify that notice of the beneficial interest required by Rule 5.6(a) of the Orphan's
Court Rules was served on or mailed to the following beneficiaries of the above-captioned estate
on August 12. 2002
Name
Address
Ronald 1. Cornman
Tracie Kondek
525 West South Street. Carlisle. PA 17013
841 Girard Road. Toms River. NJ 08753
l
James D. Hue-hes. Esouire
Notice has now been given to all persons entitled thereto under R,~ except none.
-----.,'
,/
Date:
08/12/02
Address 60 West Pomfret Street
Carlisle. PA 17013
Telephone (717) 249-2353
Capacity:
Personal Representative
x
Counsel for Personal Representative
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
OEPT.280601
HARRISBURG, PA 17128-0601
REV-1162 EX(11-96)
RECEIVED FROM:
PENNSYLVANIA
INHERITANCE AND ESTATE TAX
OFFICIAL RECEIPT
HUGHES JAMES D ESQUIRE
60 WEST POMFRET STREET
CARLISLE, PA 17013
_hnn_ fold
ESTATE INFORMATION: SSN: 191-18-4307
FILE NUMBER: 2102-0602
DECEDENT NAME: CORNMAN WILLIAM E
DATE OF PAYMENT: 08/29/2002
POSTMARK DATE: 00/00/0000
COUNTY: CUMBERLAND
DATE OF DEATH: 06/01/2002
NO. CD 001581
ACN
ASSESSMENT
CONTROL
NUMBER
AMOUNT
101 I $10,500.00
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TOTAL AMOUNT PAID:
REMARKS: RONALD L CORNMAN
C/O JAMES HUGHES ESQUIRE
CHECK# 6030
SEAL
INITIALS: VZ
RECEIVED BY:
REGISTER OF WILLS
$10,500.00
MARY C. LEWIS
REGISTER OF WILLS
/1-?.:2- /Y
REV-1500
INHERITANCE TAX RETURN
RESIDENT DECEDENT
REV-1500 EX + (6~OO)
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FILE NUMBER
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OFFICIAL USE ONLY
21-02-0602
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
DEPT. 280601
HARRISBURG, PA 17128-0601
O!::CEDENT'S NAME (LAST, FIRST, AND MIDDLE INITIAL)
Cornman William E.
DATE OF DEATH (MM-DD-YEAR)
COUNTY CODE YEAR
SOCIAL SECURITY NUMBER
191-18-4307
THIS RETURN MUST BE FiLED 1M DUPLICATE WITH THE
Copyright (c) 2000 form software only The Lackner Group, Inc.
DATE OF BIRTH (MM-DD-YEAR]
NUM6ER
REGISTER OF WILLS
SOCIAL SECURITY NUMBER
06/01/2002 06/14 1921
I APPLICABLE SURVIVING SPOUSE'S NAME LAST, FIRST, AND Ml OLE INITIAL
X 1. Original Return
4. Limited Estate
X 6. Decedent Died Testate
2. Supplemental Return
4a. Future Interest Compromise (date of death after 12-12.-82)
X 7. Decedent Maintained a living Trust 0
(Attach copy of Trust)
(Attach copy of Will)
o 9. L.ltigation Pr.oceeds Received
3. date of death
. Remamder Return prior to 12-13~82)
5. Federal Estate TID( Return Required
8. Total Number of Safe Deposit Boxes
010. Spousal Poverty Credit 0 11. Electfon to tax under Sec. 9113(A)
(date of death between 12-31-91 and 1- 1-95) (AttaCh Sch 0)
" SEC N US',SI!eO l D;'COII !Po S...... ''''''''Ti;1T; . -,^TlOrlSIlOiil:.ils iilscTED,'ro,
,~ JIOM T folP en: AU; RIi ND _~~_.. M, \HI'OIlM . P:.Q .,.
COMPLETE MAILING ADDRESS
NAME
60 West Pomfret Street
West Pomfret Professional Bldg.
Carlisle, PA 17013
IRWIN McKNIGHT & HUGHES
TELEPHONE NUMBER
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4 - 3
1. Real Estate (Schedule A)
2. Stocks and Bonds {Schedule B)
3. Closely Held Corporation, Partnership or
Sole-Proprietorship
4. Mortgages & Notes Receivable (Schedule D)
5. Cash. Bank Deposits & Miscellaneous Personal Property
(Schedule E)
6. Joinlly Owned Property (Schedule F)
o Separate Billing Requested
7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (7)
(Schedule G or L)
8. Total Gross Assets (total Lines 1-7)
9. Funeral Expenses & Administrative Costs (Schedule H) (9)
10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) (10)
11. Total Deductions (Iota I Lines 9 & 10)
12. Net Value of Estate (Line 8 minus Line 11)
13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been
made (Schedule J)
14. Net Value Sub"eet to Tax (Line 12 minus Line 13)
OFFICIAL USE ONLY
(8) 262,337.19
(11) 30.410.64
(12) 231,926.55
(13)
(14) 231,926.55
(15)
(16)
(17)
(18)
(19)
0.00
10,436.69
0.00
0.00
10,436.69
(1)
(2)
(3)
None
38,033.60
NoIle
(4)
(5)
None
None
(6)
None
224,303.59
30,284.04
126.60
SEE INSTRUCTIONS ON REVERSE SIDE FOR APP~ICAB~E RATES
15. Amount of Line 14 taxable at the spousal tax
rate. 01 transfers under See, 9116(a)(1.2)
16. Amount of Line 141axable at lineal rale 231,926.55
17. Amount of Line 14 taxable at sibling rate
18. Amount of Line 14 taxable at collateral rate
19. Tax Due
X
x
X
X
X
.0 0
.04S
.12
,15
Form REV-1500 EX (Rev. 6-00)
,
Decedent's Complete Address:
STREET ADDRESS
525 lIest South Street
CITY I STATE I ZIP
Carlisle PA 17013
Tax Payments and Credits:
1. Tax Due (Page 1 Line 19)
2. Credits/Payments
A. Spousal Poverty Credit
B. Prior Payments
C. Discount
(1)
10,436.69
0.00
10,500.00
521.83
Total Credits ( A + B + C) (2)
II ,021. 83
3. Interest/Penalty jf applicable
D. Interest
E. Penalty
Total Interest/Penalty ( D + E) (3)
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)
5. If Line 1 + line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5)
A. Enter the interest on the tax due. {SA}
B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (5B)
. Make Check Payable to: REGISTER OF WillS, AGENT
. .;"':::1::::1::::::::::i::i:::[::::1:;:::::::::::;:;1:::)l!!:!!!!:!!!!:!!!1:!!:!:i1!!::!:::i!i!!!!:!!!!i!!!iii!!!:!!:!!!!:!:!!:!!!!!!!:!:!!!:::!!::!:!:!!::::!!!:!!l!:!!ii!:i:::::::[:::!i!i:!!l::)ii
::::!!!!!:!!~!:i::ii::::::::!!!l!i::!!:: i!!i!ii:l:
PLEASE ANSWER THE FOllOWING QUESTIONS BY PLACING AN "X';
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? .
3. Did decedent own an "in trust for" or payable upon death bank account or security at his
or her death? .
4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property
which contains a beneficiary designation? . . . . . .
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES,
YOU MUST COMPLETE SCHEDULE G AND FilE IT AS PART OF THE RETURN.
0.00
585.14
0.00
0.00
0.00
"""""::";;"i[!i!;;i""""'"
o
o
[]]
[!l
ITI
o
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. Declaration of preparer other than the personal representative is based on alllnformatron of which preparer has any knowledge
SIGNATURE OF PERS(32:~OR F~RE:'~ _ _~~?~_~:~ ~_~ _ ~;_~~;~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
. Carlisle, PA 17013
SIGNATURE OF PREPARE H THAN REPRESENTATIVE IRWIN McKNIGHT & HUGHES
60 lIest Pomfret Street
- - -Car ri~ie-'- - Pi>.- - - i 7"6i3- - - - -- - - - - - - - - - - - - - - - - - - - --
031Z{!03
For d es of deat or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the
survi '"9 spous 3% [72 P.S. 9116 (a) (1.1) 0)].
For d~ eath on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0%
[72 P.S. 9116 (a) (1.1) (ii)]. The statute does not 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 the only beneficiary.
For dates of death on or after July 1, 2000:
The tax rate imposed on the net value of transfers from a deceased child 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. 9116 (a) (1.2)].
The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5%, except as noted in 72 P.S. 9116(1.2)
[72P.S.9116(aX1)].
The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12% [72 P.S. 9116(aX1.3)]. A sibling is defined, under
Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption.
Copyright (cl 2000 form software only The Lackner Group, Inc.
Form REV-1500 EX (Rev. 6-00)
"
ADDITIONAL Personal Representatives
Estate of William E. Cornman SS# 191-18-4307 06/01/2002
*******************************************************
Under penalties of perjury, the undersigned declare that they
have examined this return, including accompanying schedules and
statements, and to the best of their knowledge and belief, it is
true, correct and complete.
Signature
~ ~ LL.::,... ~
Name
Address Line 1
Address Line 2
City, State, Zip
Tracie Kondek
61 Strayer Drive
Date
Carlisle, PA 17013
d~ ~'1 - "C =3.
REV-'5I1ljEX +('-'37)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE B
STOCKS & BONDS
ESTATE OF
William E. Cornman
551! 191-18-4307
06/01/2002
21-02-0602
All property jointly-owned with right of survivorship must be disclosed on Schedule F.
FILE NUMBER
ITEM VALUE AT DATE
DESCRIPTION UNIT VALUE
NUMBER OF DEATH
1 880 shares Verizon Conununications Inc. . traded on the 43.22 38,033.60
NY5E, common
TOTAL (Also enter on line 2, Recapitulation) 38,033.60
(It more space is needed, insert additional sheets of the same size)
Copyright (c) 1996 form software only CPSystems, Inc.
Form REV-1503 EX (Rev. 1-97)
REV-1S~ EX +(1-97)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX ReTURN
RESIDENT DECEDENT
ESTATE OF
William E. Cornman
SCHEDULE G
INTER-VIVOS TRANSFERS &
MISC. NON-PROBATE PROPERTY
SS# 191-18-4307
06/01/2002
FILE NUMBER
21-02-0602
This schedule must be completed and filed if the answer to any of questions 1 through 4 on page 2 is yes.
DESCRIPTION OF PROPERTY "to OF
ITEM AELAWg~M~l~ ~~~~~~5~~!~~J~~~~Ir~E~F ~~~~SFER. DATE OF DEATH DECO'S EXCLUSION TAXABLE VALUE
NUMBER ATTACH ACOPYOFTHE DEED FOR REAL ESTATE. VALUE OF ASSET INTEREST (IF APPLICABLE)
1 525 South Street, Carlisle 146,000.00 146,000.00
Borough, Cumberland County
2 M&T Bank, checking account 35,839.58 35,839.58
3 M&T Bank, savings 15,092.01 15,092.01
4 Miscellaneous personal 27,372.00 27,372.00
property
TOTAL (Also enter on tine 7, Recapitulation) $ 224,303.59
(If more space is needed, insert additional sheets of the same size)
Copyrlght(c) 1996 form software only CPSystems, Inc.
Form REV-1510 EX (Rev. t-97)
REV - '5~"i EX + (1-97)
SCHEDULE H
FUNERAL EXPENSES &
ADMINISTRATIVE COSTS
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
William E. Cornman
06/01/2002
FILE NUMBER
21-02-0602
SS!! 191-18-4307
Debts of decedent must be reported on Schedule I.
ITEM
NUMBER DESCRIPTION AMOUNT
A. FUNERAL EXPENSES,
1 Ewing Brothers Funeral Home 5,930.00
2 George's Flowers 158.73
3 Meal 300.00
B. ADMINISTRATIVE COSTS,
1. Personal Representative's Commissions
Name of Personal Representative(s)
Social Security Number(s) / EIN Number of Personal Representative(s)
Street Address
Ciry State Zip
-
Year(s) Commission Paid:
Z. Attorney's Fees IRWIN McKNIGHT & HUGHES 4,300.00
3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) 3,500.00
Claimant Ronald L. Cornman
Street Address 525 West South Street
Ciry Carlisle State PA Zip 17013
Relationship of Claimant to Decedent son
4. Probate Fees Register of Wills 96.00
5. Accountant's Fees
6. Tax Return Preparer's Fees
7. Other Administrative Costs
1 Cumberland Law Journal - estate notice publication 75.00
2 Kenny's Auction 4,628.51
3 Register of Wills - filing fee 25.00
4 Settlement charges on sale of real estate 10,977.80
5 The Sentinel - Legal - estate notice publication 93.00
6 Wolfe & Shearer Realtors - appraisal fee 200.00
TOTAL (Also enter on line 9, Recapitulation) $ 30,284.04
(It more space is needed, insert additional sheets of the same size)
Copyright (c) 1996 form software only CPSystems, Inc.
Form REV-1511 EX (Rev. 1-97)
r REV -1511EX + (1-97)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT D~CEDENT
ESTATE OF
William E. Cornman
SCHEDULE I
DEBTS OF DECEDENT,
MORTGAGE LIABILITIES, AND LIENS
SSff 191-18-4307
06/01/2002
FILE NUMBER
21-02-0602
Include unreimbursed medical expenses.
ITEM
NUMBER
1 Carlisle Borough
DESCRIPTION
water/sewer
AMOUNT
39.06
2
Comcast Cable
39.55
3
PP&L
47.99
TOTAL (Also enter on fine 10, Recapitulation) S 126.60
(If more space is needed, insert additional sheets of the same size)
Copyright (c) 1996 form software only CPSysterns, Inc. Form REV-1512 EX (Rev. 1-97)
REV- '5'~E){ + (9-00)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
William E. Cornman
SCHEDULE J
BENEFICIARIES
SSifr 191-18-4307
06/01/2002
FILE NUMBER
21-02-0602
RELATI<?NSHIP TO DEC~DENT AMOUi'JT OR SHARE
Do NolLislT.ustee(s) OF ESTATE
NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY
I. TAXABLE DISTRIBUTIONS [include outright spousal distributions, and
transfers under Sec. 9116{a)(1.2)]
1
Kelly Cornman
606 Avenida Victoria
San Clemente, CA 92672
Granddaughter
25% of
remainder
2
Ronald L. Cornman
188 Faith Circle
Carlisle, PA 17013
Son
50% of
remainder
3
Tracie Cornman Kondek
61 Strayer Drive
Carlisle, PA 17013
Granddaughter
25% of
remainder
ENTER DOLLAR AMTS. FOR DISTRIBUTIONS SHOWN ABOVE ON LN. 15 THRU 18, AS APPROPRIATE, ON REV 1500 COVER SHEET
/I. NON-TAXABLE DISTRIBUTIONS,
A. SPOUSAL DISTRIBUTIONS UNDER SEC. 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
TOTAL OF PART /I - ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV 1500 COVER SHEET $
(If MOre space is needed, insert additiol'lal sheets of the same size)
Copyrlght (c) .2000 form software only The Lackner Group, Inc.
0.00
Form REV-1513 EX (Rev. 9-00)
- LAST WILL & TESTAMENT -
(Pour-over Will)
WILLIAM E. CORNMAN
L WILLIAM E. CORNMAN, a resident of Cumberland County, State of
Pennsylvania, revoke any prior Wills and Codicils and make this my Last Will &
Testament.
ARTICLE ONE
- Payment of Expenses & Taxes -
I instruct my Personal Representative to make payments from my estate viz:
1. Except to the extent paid by United States obligations accepted by the United
States Treasury Department at par in payment of federal estate taxes that are assets
of the -
COV~ FAMILY TRUST 2- =-i)
Dated: ~.A7 2. 0 ,
and that are required to be applied by the Trustee of said Trust in payment of
federal estate taxes that become due. because of my death, my Personal
Representative shall pay said federal estate taxes by first applying to such payment
any such United States obligations that are assets of my estate.
2. My Personal Representative shall pay from the residue of my estate or shall
direct the Trustee of said Trust to pay, or both, as determined in the sole discretion
of my Personal Representative, the expenses of my last illness and funeral, valid
debts, expenses of administering my estate, including non-probate assets, and any
estate or other death taxes which become due because of my death, including any
interest and penalties.
3. It is the purpose and intent of this Paragraph (and Sub-Paragraphs) that, so
far as is practical, any estate taxes paid shall be paid out of my entire estate whether
passing by this Will or otherwise concerning property over which I possessed a
general power of appointment, before distribution to any beneficiary:
3.1. If estate (or income) tax or any part thereof is paid by, or collected out of,
that part of my estate passing to or in the possession of any person other than my
Personal Representative, in its capacity as Personal Representative, such person
shall be entitled to reimbursement out of any part of my estate, or otherwise, still
undistributed. Such reimbursements may be by a just and equitable contribution by
the persons whose interest in my estate would have been reduced if the tax had been
paid before distribution or whose interest is subject to equal or prior liability for the
payment of taxes, debts, or other charges against my estate.
3.2. If any part of my gross estate on which estate tax has been paid consists
of the value of property included in my gross estate under IRC Section 2041, my
1
Personal Representative shall be entitled to recover from the person (or persons,
prorata if more than one recipient) receiving such property by reason of the exercise,
nonexercise, or release of a power of appointment, such portion of the total tax paid
as the value of such property bears to the taxable estate.
3.3. In the case of any such property received by my spouse for which a
deduction is allowed under IRC Section 2056 (relating to the marital deduction), this
Paragraph (and Sub-Paragraphs) shall not apply to such property except as to the
value thereof reduced by an amount equal to the excess of the aggregate amount of
the marital deductions allowed under Section 2056.
3.4. If any part of my gross estate consists of property which is includible in
my gross estate by reason of IRC Section 2044, relating to certain property for which
a marital deduction was previously allowed, my estate shall be entitled to recover
from the person receiving the property the amount by which the total tax which has
been paid exceeds the total tax which would have been payable if the value of such
property had not been included in my gross estate.
3.5. My Personal Representative may (i) exercise all of the foregoing elections
and any others available under any tax law, to obtain, to the extent practicable, both
the optimum reduction in my estate taxes and in the income taxes estimated to be
payable by my estate or the beneficiaries th!'reof, any business interests in my estate
and the optimum deferral of all of those taxes, (ii) make adjustments between
income and principal amounts and to allocate the benefits from any election among
the various beneficiaries of my estate, and (iii) compensate for the consequences of
any election that it believes has had the effect of preferring one beneficiary or a
group of beneficiaries of my estate over others.
3.6. All such foregoing elections and adjustments shall not, however,
diminish any portion that would create an adverse taxable event to my estate or
beneficiaries thereof.
ARTICLE TWO
- Specific Allocations -
I give and bequeath the following:
1. I give all of my tangible personal property (unless such has been transferred to,
and otherwise designated in, said Trust) to my wife if she survives me, or if she does not
survive me, to the Trustee of the -
CO~;\N FA MIL Y TRUST
Dated: . ~~I z 0 .2-o-e-<J
2. I give all interests in real property used by me or my wife for residential
purposes, and all real estate contiguous to or used in conjunction with such
property, to my wife if she survives me (unless such property has been transferred to,
and otherwise designated in, said Trust).
2
ARTICLE THREE
- Estate Residue Disposition-
I give the rest, residue and remainder of my estate, that may not have been
transferred to said Trust during my lifetime, consisting of all the property I can
dispose of by my Will and not effectively disposed of by the preceding Articles of
this Will, to the Trustee of said Trust, as amended and existing at my death, in order
to be added to and disposed of as a part of the assets of such Trust.
ARTICLE FOUR
- Personal Representative Appointment -
I hereby nominate and appoint my wife, MIRIAM CORNMAN, to serve as the
Personal Representative of my Will.
1. My wife shall have the power to nominate any additional or Successor
Personal Representative.
2. If my wife is unable or unwilling to serve, then I hereby nominate RONALD
L. CORNMAN & TRACIE CORNMAN to serve together; or, one shall serve alone
if the other is unwilling or unable to serve.
ARTICLE FIVE
- Fiduciary Provisions -
The following shall apply to my Fiduciary / Personal Representative:
1. Administrative Powers:
My Personal Representative, in addition to all other powers conferred by law
that are not inconsistent with those contained herein, shall have the power,
exercisable without authorization of any court to (i) sell at private or public sale, to
retain, to lease, and to mortgage or pledge for the purpose of borrowing money, any
or all of the real or personal property of my probate estate (if any), (ii) make partial
distributions from my probate estate (if any) from time to time and to distribute the
residue in cash or in kind or partly in each, and for that purpose to determine the
value of property distributed in kind, and (iii) sell to, buy from, lend to, and borrow
from the Trustee of said Trust even though such Trustee may be the same as my
Personal Representative.
2. Administrative Provisions:
2.1. I direct unsupervised administration of my estate and that my probate
estate (if any) be administered in as informal a manner as my Personal
Representative deems advisable and as applicable law permits. No bond or other
indemnity shall be required of any Personal Representative. I expressly waive any
requirement that any Trust created by me be submitted to the jurisdiction of any
court, or that the Trustee of such Trust(s) be appointed or confirmed, or that their
accounts be heard by any court. This waiver shall not prevent any Trustee or
beneficiary from requesting any of these procedures.
3
2.2. To effect the nomination of my Personal Representative, the person
possessing the nomination shall file with the court, having jurisdiction over my
estate, at any time after the date of my death. If a 30-day period lapses during which
no Personal Representative is acting hereunder and no nomination is filed with the
court, a statement that a designated person or entity is nominated as an additional
or Successor Personal Representative shall be filed, by the heirs (beneficiaries) of my
estate, to effectively appoint a Successor Personal Representative on my behalf.
ARTICLE SIX
- Postmortem Directives -
I have no specific directives concerning the disposal of my body or a memorial
service other than those arrangements I have made, either verbally. or expressly,
with my Personal Representative or family member(s) or other entity.
ARTICLE SEVEN
- Contents of Will, Testimonial and Attestation Provisions -
This Last Will & Testament consists of seven (7) Articles (this Article inclusive)
and four (4) pages. Following this (final) Article Seven is an unnumbered page
containing a self-proving affidavit. .
~N WITNESS W~F, I HAVE HEREUNT? SET MY HAND AND SEAL THIS
,...,.~~DAYOF. . ".<'~/c/I ,~
- -. /
x L./)...t/L"."., ~ -I?~,
WILLIAM E. CORNMAN
Signed, sealed, published and declared by the above named Testator as (and for) his
Last Will & Testament in our presence who, at his request, in his presence and in the
presence of each other, have hereunto subscribed our names as witnesses.
"~~7~
/ sf' - / [/
,',/ ,=:) /T "'{:2/-
( .._.., ../, .,.' '/
X \ ,/ .t.([? /. // G/
-Witness /'
Cth.-d-J;; .' / ~
/~d:ress/, / l~
L/a-t~a.J:;" '?'L_
Address /'
',,-,'
Subscribed, sworn to and acknowl ged before me this-
.f!: V;J
:2..G day of 'd-"
x
~
NOTARY SEAL:
/
,
iNotary Public
Notarial Seal
PauIlne T Sertass. N~ PublIc
Mllford Twp., Bucks C6unIY
My Cmunission EJcpII'll6 Jan. 'Z1. Q1
bolr. Pllnnsylva"ilI )\6sccL<rtlon oI11G~
4
- AFFIDAVIT OF TESTATOR-
5T A TE OF PENN5YL VANIA
COUNTY OF CUMBERLAND
t WILLIAM E. CORNMAN, the Testator of the within, hereby certify that I
executed my signature on said Will this - _
~~A"dayof .L/t-!t:id/T .~0'O.
I further certify that I requested signatures as witnesses to my Last Will & Testament
from the following individuals:
--J.k) WI e;-s J... N/tlK
Witness Name
(and)
a~~//~~,
- Witriess Name
I
,
x CI )./}t:....,-, /.~.vz.-v1......A--~~
WILLIAM E. CORNMAN
- AFFIDAVIT OF.WITNESSES -
We, ,J fHl1 c's J.., II;!. /;,. & /l / /~,6 II ~{;;:;; K' ,(the
witnesses), being first duly sworn, do depose and say to the undersigned authority
that we witnessed the Testator's execution of his Last Will & Testament and that he
signed it willingly and that each of us, in the presence and hearing of the Testator,
hereby sign herein as witness to the Testator's signing, and that to the ,best of our
knowledge the Testator is eighteen years of age or older, of sound mind, under no
constraint or undue influence and competent to make testamentary disposition of
real and personal property.
x jl~? 7f,~
,&cr;~ss"
x (1:.,:'/ _/~ /(Iu;
~Witness /
/J iff;.~
G~I/"'L
Address, /'
. /'~" j-::;::>
(;d~, /A
Address '
NOTARY5EAL:
\,..../
5u1:::iscribed, sworn to and acknowl ,dged before me this -
-'>/73 rIJ
0<.. \0 dayof:t..ff- "2..~
a.?~ I-
iNotary Public
x
-.---
(I
Nctar'Eri Seiri
PP--c~np T. S:?rtBss, Notary POOl~
Mlfinrd Twp.. Bucks Count...
loly Comm\ssmn ExpIr"" Jac" zt ..XI;
It ?mber PefH:-twlvtini" 4SJDCiilti:w of Nllt,~~!%
- LAST WILL & TESTAMENT-
(Pour-over Will)
WILLIAM E. CORNMAN
L WILLIAM E. CORNMAN, a resident of Cumberland County, State of
Pennsylvania, revoke any prior Wills and Codicils and make this my Last Will &
Testament.
ARTICLE ONE
- Payment of Expenses & Taxes -
I instruct my Personal Representative to make payments from my estate viz:
1. Except to the extent paid by United States obligations accepted by the United
States Treasury Department at par in payment of federal estate taxes that are assets
of the -
CORr;~MIL Y TRUST
Dated: ''} 2. (, . z. =-i)
and that are required to be applied by the Trustee of said Trust in payment of
federal estate taxes that become due because of my death, my Personal
Representative shall pay said federal estate taxes by first applying to such payment
any such United States obligations that are assets of my estate.
2. My Personal Representative shall pay from the residue of my estate or shall
direct the Trustee of said Trust to pay, or both, as determined in the sole discretion
of my Personal Representative, the expenses of my last illness and funeral, valid
debts, expenses of administering my estate, including non-probate assets, and any
estate or other death taxes which become due because of my death, including any
interest and penalties.
3. It is the purpose and intent of this Paragraph (and Sub-Paragraphs) that, so
far as is practical, any estate taxes paid shall be paid out of my entire estate whether
passing by this Will or otherwise concerning property over which I possessed a
general power of appointment, before distribution to any beneficiary:
3.1. If estate (or income) tax or any part thereof is paid by, or collected out of,
that part of my estate passing to or in the possession of any person other than my
Personal Representative, in its capacity as Personal Representative, such person
shall be entitled to reimbursement out of any part of my estate, or otherwise, still
undistributed. Such reimbursements may be by a just and equitable contribution by
the persons whose interest in my estate would have been reduced if the tax had been
paid before distribution or whose interest is subject to equal or prior liability for the
payment of taxes, debts, or other charges against my estate.
3.2. If any part of my gross estate on which estate tax has been paid consists
of the value of property included in my gross estate under IRC Section 2041, my
1
Personal Representative shall be entitled to recover from the person (or persons,
prorata if more than one recipient) receiving such property by reason of the exercise,
nonexercise, or release of a power of appointment, such portion of the total tax paid
as the value of such property bears to the taxable estate.
3.3. In the case of any such property received by my spouse for which a
deduction is allowed under IRC Section 2056 (relating to the marital deduction), this
Paragraph (and Sub-Paragraphs) shall not apply to such property except as to the
value thereof reduced by an amount equal to the excess of the aggregate amount of
the marital deductions allowed under Section 2056.
3.4. If any part of my gross estate consists of property which is includible in
my gross estate by reason of IRC Section 2044, relating to certain property for which
a marital deduction was previously allowed, my estate shall be entitled to recover
from the person receiving the property the amount by which the total tax which has
been paid exceeds the total tax which would have been payable if the value of such
property had not been included in my gross estate.
3.5. My Personal Representative may (i) exercise all of the foregoing elections
and any others available under any tax law, to obtain, to the extent practicable, both
the optimum reduction in my estate taxes and in the income taxes estimated to be
payable by my estate or the beneficiaries thereof, any business interests in my estate
and the optimum deferral of all of those. taxes, (ii) make adjustments between
income and principal amounts and to allocate the benefits from any election among
the various beneficiaries of my estate, and (iii) compensate for the consequences of
any election that it believes has had the effect of preferring one beneficiary or a
group of beneficiaries of my estate over others.
3.6. All such foregoing elections and adjustments shall not, however,
diminish any portion that would create an, adverse taxable event to my estate or
beneficiaries thereof. '
ARTICLE TWO
- Specific Allocations -
I give and bequeath the following:
1. I give all of my tangible personal property (unless such has been transferred to,
and otherwise designated in, said Trust) to my wife if she survives me, or if she does not
survive me, to the Trustee of the -
CO~ANFAMILYTRUST
Dated: ,~'-<L-\7 2- c" . 2-",,",,",
2. I give all interests in real property used by me or my wife for residential
purposes, and all real estate contiguous to or used in conjunction with such
property, to my wife if she survives me (unless such property has been transferred to,
and otherwise designated in, said Trust).
2
ARTICLE THREE
- Estate Residue Disposition-
I give the rest, residue and remainder of my estate, that may not have been
transferred to said Trust during my lifetime, consisting of all the property I can
dispose of by my Will and not effectively disposed of by the preceding Articles of
this Will, to the Trustee of said Trust, as amended and existing at my death, in order
to be added to and disposed of as a part of the assets of such Trust.
ARTICLE FOUR
- Personal Representative Appointment -
I hereby nominate and appoint my wife, MIRIAM CORNMAN, to serve as the
Personal Representative of my Will.
1. My wife shall have the power to nominate any additional or Successor
Personal Representative.
2. If my wife is unable or unwilling to serve, then I hereby nominate RONALD
L. CORNMAN & TRACIE CORNMAN to serve together; or, one shall serve alone
if the other is unwilling or unable to serve.
ARTICLE FIVE
- Fiduciary Provisions -
The following shall apply to my Fiduciary I Personal Representative:
1. Administrative Powers:
My Personal Representative, in addition to all other powers conferred by law
that are not inconsistent with those contained herein, shall have the power,
exercisable without authorization of any court to (i) sell at private or public sale, to
retain, to lease, and to mortgage or pledge for the purpose of borrowing money, any
or all of the real or personal property of my probate estate (if any), (ii) make partial
distributions from my probate estate (if any) from time to time and to distribute the
residue in cash or in kind or partly in each, and for that purpose to determine the
value of property distributed in kind, and (iii) sell to, buy from, lend to, and borrow
from the Trustee of said Trust even though such Trustee may be the same as my
Personal Representative.
2. Administrative Provisions:
2.1. I direct unsupervised administration of my estate and that my probate
estate (if any) be administered in as informal a manner as my Personal
Representative deems advisable and as applicable law permits. No bond or other
indemnity shall be required of any Personal Representative. I expressly waive any
requirement that any Trust created by me be submitted to the jurisdiction of any
court, or that the Trustee of such Trust(s) be appointed or confirmed, or that their
accounts be heard by any court. This waiver shall not prevent any Trustee or
beneficiary from requesting any of these procedures.
3
2.2. To effect the nomination of my Personal Representative, the person
possessing the nomination shall file with the court, having jurisdiction over my
estate, at any time after the date of my death. If a 30-day period lapses during which
no Personal Representative is acting hereunder and no nomination is filed with the
court, a statement that a designated person or entity is nominated as an additional
or Successor Personal Representative shall be filed, by the heirs (beneficiaries) of my
estate, to effectively appoint a Successor Personal Representative on my behalf.
. ARTICLE SIX
- Postmortem Directives -
I have no specific directives concerning the disposal of my body or a memorial
service other than those arrangements I have made, either verbally or expressly,
with my Personal Representative or family member(s) or other entity.
ARTICLE SEVEN
- Contents of Will, Testimonial and Attestation Provisions -
This Last Will & Testament consists of seven (7) Articles (this Article inclusive)
and four (4) pages. Following this (final) Article Seven is an unnumbered page
containing a selj~provil1g affidavit.
Signed, sealed, published and declared by the above named Testator as (and for) his
Last Will & Testament in our presence who, at his request, in his presence and in the
presence of each other, have hereunto subscribed our names as witnesses.
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NOTARY SEAL:
Notarial Se!ll
Pauline T Serfass, N~ P1i:tc
Milford TWJl.. SUl:ks CciunlY '
llAy Commission ElcpII96 Jan. 71, a>>i .
t<!r. Pannsvl,ani!l A6scclation 01 0
4
- AFFIDAVIT OF TESTATOR-
ST ATE OF PENNSYLVANIA
COUNTY OF CUMBERLAND
I, WILLIAM E. CORNMAN, the Testator of the within, hereby certify that I
executed my signature on said Will this - c-
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I further certify that I requested signatures as wItnesses to my Last Will & Testament
from the following individuals:
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Witness Name
(and)
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- Witf(ess Name
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WILLIAM E. CORNMAN
- AFFIDAVIT OF WITNESSES -
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We, eJ A WI = J... , f'I-1 i~ & /7 ~ /~~ /'. / ,//9/..-f' , (the
witnesses), being first duly sworn, do depose and say to the undersigned authority
that we witnessed the Testator's execution of his Last Will & Testament and that he
signed it willingly and that each of us, in the presence and hearing of the Testator,
hereby sign herein as witness to the Testator's signing, and that to the best of our
knowledge the Testator is eighteen years of age or older, of sound mind, under no
constraint or undue influence and competent to make testamentary disposition of
real and personal property.
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NOTARY SEAL:
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P>>..ulinp 1. Sert3ss, Noiary Public
~JHlcrd Twp" Bucks County
MyCOi'nmiss<on EXP"96 Jan. 27 d<)(l~
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REVOCABLE LIVING TRUST
- Declaration & Agreement -
This Revocable Declaration of~~ement is made on -
the ,2{; ~day of:L , 2.ocrq
between WILLIAM E. CORNMAN & MIRIAM CORNMAN (Husband & Wife)
domiciled in the County of Cumberland, State of Pennsylvania, hereinafter referred
to as the "Settlors" and WILLIAM E. CORNMAN & MIRIAM CORNMAN
domiciled in Cumberland County, State of Pennsylvania, hereinafter referred to as
the "Trustee".
RECITALS
- Declaration of Property Ownership -
The Settlors have contemporaneously transferred certain property to the Trustee by
this agreement, the receipt of which they, as Trustee, hereby acknowledge.
1. The Settlors shall list all of their co-owned property on Schedule "A"
attached herewith to be held in this Trust as Tenants-in-Common property. All
property owned separately by WILLIAM E. CORNMAN, Husband, held in this
Trust as his sole and separate property shall be listed on Schedule "B" attached
herewith. All property owned separately by MIRIAM CORNMAN, Wife, held in
this Trust as her sole and separate property shall be listed on Schedule "C" attached
herewith.
1.1. All property co-owned by the Settlors and transferred to Trustee by
the Settlors, as invested and reinvested, together with the rents, issues and profits
therefrom, shall be deemed as (and retain its character as) Tenants-in-Common
property of the Settlors, subject, however to the provisions of this agreement.
1.2. Sole and Separate property of either Settlor transferred to Trustee,
as invested and reinvested, together with the rents, issues and profits therefrom,
shall retain its character as separate property of the Settlor who transferred such
property to Trustee, subject, however to the provisions of this agreement.
2. The Settlors shall list all of their tangible personal property on separate
schedules (for each spouse), attached hereto and made a part hereof, in which they
hereby direct that, at their death, Trustee shall (first) distribute and deliver such
property to the persons described in such schedules to wit: the Husband's tangible
personal property shall be listed on and distributed according to the "Husband's
Chattel Schedule" and the Wife's tangible personal property shall be listed on and
distributed according to the "Wife's Chattel Schedule" and the remaining Trust
estate shall be distributed as the Trust estate as provided in Article Seven (infra).
3. All property with a "death benefit" owned by either Settlor which is made
payable to Trustee is listed on Schedule "D" attached herewith.
1
ARTICLE ONE
- Reservation of Rights -
1. The Settlors reserve the following rights, individually as to their respective
interest in Tenants-in-Common property and as to their respective Separate
property, to be exercised at any time and from time to time by a writing of
instrument effective immediately upon its execution during their joint lives without
the consent or participation of any other person:
1.1. To amend this Trust, in whole or in part, or to revoke this Trust
agreement in its entirety (by a writing delivered to a Trustee other than themselves
if such Trustee is serving) and to remove any respective interest in respective
property transferred to this Trust.
1.2. To add any other property to this Trust by transferring such
property to Trustee, which property shall be described in a receipt signed by
Trustee, and to add any other property by their wills. Trustee shall administer and
distribute any such property as if it had been a part of the original Trust assets.
1.3. To make payable to Trustee, death benefits from insurance on their
lives, annuities, retirement plans or other sources. The Settlors reserve all incidents
of ownership; and shall have the duties of safekeeping all documents, of giving any
necessary notices, of obtaining proper beneficiary designations, of paying
premiums, contributions, assessments or other charges and of maintaining any
litigation.
1.4. To direct any Trustee as to the retention, acquisition, or disposition
of any Trust assets by a writing delivered to such Trustee. Any assets retained or
acquired pursuant to such directions shall be retained as a part of this Trust estate
while they are Trustee unless otherwise directed in a like writing so delivered.
Trustee shall not be liable to anyone for any loss resulting from any action taken in
accordance with any such direction given to them by the Settlors.
1.5. To examine the records of any Trustee, appointed hereby whose
administration relates to this Trust or any Trust created hereunder.
2. A Settlor's reserved powers, unless specifically provided otherwise herein
or in such Settlor's Will, are personal and shall not be exercisable by any other
person, any guardian or any legal representative.
3. Upon the death of either Settlor, this Trust shall be irrevocable and
unamendable subject, however, to any power of appointment, right of withdrawal
or right of revocation hereinafter granted to the surviving Settlor (Survivor)
concerning property held in this Trust whether (i) in whole or in part, (ii) the
Survivor's Trust (if any) or (iii) any other subtrust created hereunder.
4. Notwithstanding the provisions of this Article, however, the duties,
powers, liabilities and compensation of Trustee shall not be materially changed or
altered without Settlors' written notification to Trustee.
2
ARTICLE TWO
- Trust Administration During Settlors' Lifetime -
1. Trustee shall hold and distribute, for the benefit of the Settlors, the
principal and income of the Trust estate out of their respective individual interest in
Tenants-in-Common and Separate property respectively as follows:
1.1. Trustee shall pay to the Settlors, or in accordance with their
instructions, such portions of net income and principal as directed in a writing (or
otherwise) delivered to him.
1.2. Trustee shall pay to the benefit of them, such portions of net income
and principal as Trustee, in such Trustee's discretion, deems necessary or advisable
to provide for their health, education, care, comfort, support, maintenance and
general welfare.
2. Either Settlor may withdraw a portion or all of his/her separate property
and/or interest in Tenants-in-Common property (or other jointly-held property with
his/her spouse) at any time, from time to time, by a notification in writing to
Trustee.
ARTICLE THREE
- Administration Upon Death of First Settlor -
1. The remaining Trust assets not effectively disposed of by the preceding
Article Two (supra) shall be allocated, administered and distributed by Trustee
upon the death of the first Settlor to die, hereinafter referred to as "Decedent", as
follows (the surviving Settlor shall hereinafter be referred to as "Survivor"):
1.1. Trustee shall pay, after a prorata designation of common debts
owned by the Decedent and the Survivor respectively (e.g. one half of any common
debt shall be charged equally to each spouse), his or her (first spouse to die) debts,
expenses of any last illness and burial costs, first out of such Decedent's Sole and
Separate property unless such payment would require an unadvisable solvency of
nonliquid assets of the Decedent and then out of such Decedent's interest in
Tenants-in-Common property, to the extent that these shall not be paid, or the
responsibility for their payment be assured, by some other person or estate.
1.2. Notwithstanding the above Paragraph 1.1., no funds or proceeds
from any annuities or insurance policies that are paid to or received by the
Decedent's Trust estate shall be used (unless there are no other resources remaining) for
the payments of any debts, obligations and expenses of the Decedent when the use
of any such proceeds would cause those proceeds to be included as property subject
to state inheritance taxation.
2. Trustee shall create three (3) separate trusts viz - the (1) Survivor's Trust -
Trust "A", the (2) Credit Shelter (Decedent's Trust) Trust - Trust "B", the (3) Qualified
Terminable Interest Property (QTIP) Trust - Trust "C" and apportion such as follows
(this division of the Trust estate, as per below, is subject to Paragraph 4, infra, of this
Article):
3
2.1. Trust "A" shall consist of all of the Survivor's interest in his/her
Community property, Tenants-in-Common property and all of his/her sole and
separate property.
2.2. Trust "B" shall consist of the largest amount, if any, of the
Decedent's separate property of this Trust estate and all of his/her interest in the
Community property and any of his/her interest in Tenants-in-Common property
of this Trust estate that can pass free of federal estate tax by reason of the allowable
federal unified credit and state death tax credit (provided that its use does not
require an increase in the state death taxes paid) allowable after deducting the value
of property disposed of by previous Articles of this trust and property passing
outside of this trust that is includible in the Settlor's gross estate that does not
qualify for the marital or charitable deduction and after deducting charges to
principal that are not allowed as deductions in computing the federal estate tax. The
values finally determined for federal estate tax purposes shall be used for
establishing the sum disposed of by this Article.
2.3. Trust "C" shall consist of the remainder of the Decedent's Trust
estate not allocated to Trust "B" - as determined by the formula in the previous
paragraph (supra). The Decedent's executor shall elect, under Section 2056(b)(7) of
the Internal Revenue Code as of 1986, as amended, to qualify such Trust "C" portion
of the Decedent's Trust estate (not otherwise designated to the Credit Shelter Trust)
for the federal estate tax marital deduction as Qualified Terminable Interest
Property and to be held and administered under the provisions concerning such
Trust "C" (infra).
2.4. In the event of (i) a simultaneous death of both spouses or (ii)if
Survivor does not survive Decedent by six (6) months or (iii) if Decedent's spouse is
not serving as Decedent's executor or Trustee of this Trust, Decedent's executor may
make a partial election of Decedent's Trust estate for Trust "C" under Section
2056(b)(7) to expressly minimize the aggregate amount of estate taxes paid by both
spouses estates.
3. In making the computations necessary for determining the distributions as
provided in this Article, the final determination for federal estate tax purposes shall
be in effect. In the sole power and discretion of Trustee, the distributions may be
either in cash or property as selected by Trustee (llnless otherwise and specified in this
Trllst agreement); provided, however, that all such property so selected shall be
valued at the value as finally determined thereof for federal estate tax purposes. In
allocating property, Trustee shall select assets, including cash, that are fairly
representative, on the date or dates of distribution, of appreciation or depreciation to
determine the value of property available for distribution.
Tax Elections Not Required
4. NOTWITHSTANDING this Article (Paragraphs of this Article preceeding
this Paragraph), in the event that the total, aggregate net vallie of the estates of both
the Husband/Settlor and Wife/Settlor - after including the calculation of any
lifetime taxable transfers made during Settlors' joint lifetimes, by either Settlor - is
less than the federal "exemption equivalent" amount then available (to one individual
4
transferor) through the application and election of the Federal Unified Credit as
defined under IRC section 2010 (as amended) and state death taxes as defined under
mc section 2011 against any transfer tax incurred as a result of any transfer of
property as defined IRC section 2001. then Trustee shall not allocate any of the estate
of the first Settlor to die to the Credit Shelter Trust (Trust B).
4.1. In such case of the Settlors' total net estate value being less than the
then available exemption equivalent amount, as defined above, Trustee shall
transfer all of the Decedent Settlor's estate directly to the Survivor's Trust "A".
4.2. The Survivor shall, in such case, have complete control over all
Trust assets and all Trust assets shall therefore be under his/her general power of
appointment as defined in IRC section 2041.
4.3. Upon the death of the first Settlor to die, in such case, the
Paragraphs of this Article pertaining to the division of the Trust estate into a
Decedent's Trust (Trust B) and a Survivor's Trust (Trust "A") (and the creation of the
QTIP Trust, if needed) shall not apply. Article Four and Article Five (infra) shall not
apply and portions of Article Six - applicable to the Decedent's Trust shall not apply.
Upon the death of the Survivor, in such case, the Trust estate shall be distributed as
per Article Seven (below).
ARTICLE FOUR
- AdministrationlDistribution of Survivor's Trust -
1. The Survivor shall retain full general power of appointment of all property
held in the Survivor's Trust, including the power to alter, amend or revoke, in whole
or in part, any and all provisions (including the revocation and appointment of any
Trustee of the Survivor's Trust) concerning such property held in the Survivor's
Trust, under the provisions of thiS Article.
2. Assets allocated to the Survivor's Trust shall be valued according to their
final federal estate tax values or, in the case of any asset not valued for federal estate
tax purposes, the federal income tax basis of such asset.
2.1. All such asset values allocated to the Survivor's Trust shall be
representative of appreciation or depreciation of all property for such allocation on
each date of allocation.
2.2. All such assets, of the Survivor's Trust, may be used to pay any of
his/her federal and state death taxes as a result of property not held in this Trust
subject to probate disposed of to any beneficiaries of the Survivor.
2.3. Notwithstanding the above Paragraph 2.2., no funds or proceeds
from any annuities or insurance policies that are paid to or received by the
Survivor's Trust estate shall be used (unless there are no other resources remaining) for
the payments of any debts, obligations and expenses of the Survivor when the use of
any such proceeds would cause those proceeds to be included as property subject to
state inheritance taxation.
5
3. The Survivor shall have the power to direct Trustee to create income
production out of all assets held in the Survivor's Trust.
3.1. All income from the Survivor's Trust shall be distributed (only) to
the Survivor, at least annually or more frequent installments, for his/her lifetime.
4. Any interest in the Survivor's Trust that the Survivor disclaims shall
constitute a separate Trust for his/her benefit to be administered and distributed in
the same manner as the Decedent's Trust under Article Six (the Survivor shall not
have any power of appointment over such Trust).
5. In the event the Survivor elects to relinquish his/her Trusteeship or
becomes incapacitated as defined in this agreement, the Successor Trustee shall
administer the Survivor's Trust as follows:
5..1. Trustee shall distribute, at least annually, the net income to the
Survivor in convenient installments.
5.2. Trustee may, from time to time, distribute or apply for Survivor's
benefit such portions of the principal as deemed applicable to provide liberally for
his/her maintenance, comfort and enjoyment.
5.3. Such Settlor may withdraw all or any portion of the Trust assets at
any time by written request filed with Trustee.
Administration at Survivor's Death
6. Upon the death of the Survivor, Trustee shall administer and distribute
any assets of the Survivor's Trust, including accrued and undistributed income, as
the Settlor may have appointed in a Will separate and apart from this Trust
agreement, that are referred specifically to as having a general power bf
appointment, exercisable alone by the Survivor and in all events, as follows:
6.1. Trustee shall apply any unappointed assets in payment of any of
Survivor's federal estate taxes and any other death taxes including the expenses of
any of Survivor's last illness, funeral, valid debts and estate administration.
6.2. Trustee shall pay any such federal and state tax obligations, if any,
that will become due at such time except any generation-skipping transfer tax that
will be paid out of the Family Trust.
6.3. All payments under the preceding provisions of this Article shall be
made from the remaining (Survivor's) Trust assets prior to the final allocation of
assets to the Family Trust provided in this Trust agreement; notwithstanding, any
assets that are to be distributed as a specific distribution - to a certain beneficiary(s) of
the Survivor's and/or the Decedent's Trust estate that may be described herein -
shall not be used, nor the value thereof, to pay expenses of either the Survivor's or
the Decedent's Trust estate as described in this Paragraph.
7. Any assets of the Survivor's Trust, then remaining at the time of the
Survivor's death, not otherwise disposed of by Survivor's Will or other such
6
appointment, shall be distributed as per the provisions of Article Seven as part of the
Residual/Family Trust.
ARTICLE FIVE
- Administration/Distribution of Trusts "B" & "C' -
Decedent's Trust - Trust "B"
1. All administrative and distributive provisions of Trust "B", concerning
property of Trust "B", may be altered or terminated by amendment, from time to
time, only during the joint lifetimes of the Settlors; such amendment shall be signed
by both Settlors and shall be attached hereto and made a part of this Trust
agreement.
2. During the lifetime of the Survivor, Trustee shall administer Trust "B" (if
established) as follows:
2.1. Annual Income - Trustee shall payor distribute all net income to or
for the benefit of the Survivor only at such intervals as shall be mutually convenient
but not less frequently than annually.
2.2. Necessary SUPP9rt from Principal - If the Survivor's Trust has been
depleted to the extent that available funds are not sufficient to support the Survivor,
portions of the principal, as Trustee deems advisable, shall be used to provide for
such Settlor's health, education, support or maintenance provided, however, that if
the Survivor is serving as Trustee alone, such Settlor may only receive, as donee,
amounts of principal as described in this paragraph, upon written approval of the
person or corporate entity appointed to serve as Successor Trustee of this Trust
agreement provided such person is an "adverse (or independent) party" of the
Survivor /Trustee.
2.2.1. During any period in which an Independent Trustee is
serving as Trustee, it may, in its sole discretion, direct distribution of any amount of
the principal to or for the benefit of the Survivor as it deems to be in Survivor's best
interest without limitation and regard to the purpose or application of such
distribution.
2.2.2. Distributions of any principal to Survivor shall be made
only if all principal of Trust "A" is exhausted or, if an Independent Trustee is
serving, such Independent Trustee may, in its sole discretion, make distributions
from principal if it determines that making distributions from Trust "A" would not
be in the best interest of the Trust or its beneficiaries.
3. At the Survivor's death, any remaining principal of Trust "B" shall be
distributed to such beneficiaries and according to such provisions as provided in
Article Seven (infra) as the Residual/Family Trust.
7
QTIP Trust - Trust "C"
During the lifetime of the Survivor, Trustee shall administer and distribute Trust "C"
(QTIP Trust), if funded as per above, as follows:
4. Trustee shall pay all net income, from Trust "C", to or for the benefit of the
Survivor, for his/her lifetime, at such intervals that shall be mutually convenient but
not less frequently than annually.
4.1. The Survivor shall have the power to compel the Trustee to dispose
of any assets in Trust "C" that fail to provide a reasonable income to the Survivor as
income beneficiary of Trust "C".
4.2. Any income accrued but not distributed at the Survivor's death
shall be distributed to Trust "A" and be added to the principal of such trust.
5. I(the Survivor's resources (including property in Trust "A" and limited
distributions, as defined in this Article, from Trust "B") have been depleted to the
extent that available funds are not sufficient for such Survivor's general welfare,
portions of the principal, as the Trustee deems advisable, shall be used to provide
for Survivor's health, education, maintenance or support.
6. During the lifetime of the Survivor, the principal of Trust "C" shall not be
distributed to, or for the benefit of, any other person than the Survivor. .
7. At the Survivor's death, any remaining principal of Trust "C" shall be
distributed to such beneficiaries and according to such provisions as provided in
Article Seven (infra).
ARTICLE SIX
- Estate Tax Elections -
It is the purpose and intent of this Article that, so far as is practical, any estate
taxes paid shall be paid out of a decedent Settlor's entire estate whether passing by
this Trust instrument or outside of this Trust instrument concerning property over
which a decedent Settlor possessed a general power of appointment, before
distribution to any beneficiary.
1. If estate (or income) tax or any part thereof is paid by, or collected out of,
that part of the estate passing to or in the possession of any person other than the
Executor and/or Trustee (of the estates of the respective spouses), in its capacity as
Executor and! or Trustee, such person shall be entitled to reimbursement by Trustee
(or Executor) out of any part of the Trust estate, or otherwise, still undistributed.
1.1. Such reimbursements may be by a just and equitable contribution
by the persons whose interest in the estate of a decedent Settlor would have been
reduced if the tax had been paid before the distribution of the estate or whose
interest is subject to equal or prior liability for the payment of taxes, debts, or other
charges against the estate.
8
2. If any part of the gross estate on which estate tax has been paid consists of
the value of property included in a decedent Settlor's gross estate under IRC Section
2041, Trustee or executor shall be entitled to recover from the person (or persons,
prorata if more than one recipient) receiving such property by reason of the exercise,
nonexercise, or release of a power of appointment, such portion of the total tax paid
as the value of such property bears to the taxable estate.
3. In the case of such property (passing outside this Trust estate) received by
the Survivor for which a deduction is allowed under IRC Section 2056 (relating to
the marital deduction), this Article shall not apply to such property except as to the
value thereof reduced by an amount equal to the excess of the aggregate amount of
the marital deductions allowed under Section 2056.
4. In the case of such property (passing outside this Trust estate) being
insurance on the life of the Settlor, with such Settlor having "incidents of ownership"
on such insurance receivable to other than Trustee, Trustee shall be entitled to
recover from such beneficiary such portion of the total tax paid as proceeds of such
policies bear to the taxable estate.
4.1. If there is more than one such beneficiary, Trustee shall be entitled
to recover from such beneficiaries in the same ratio respectively.
5. If any part of the gros~ estate consists of property the value of which is
includible in the gross estate by reason of IRC Section 2044, relating to certain
property for which a marital deduction was previously allowed, such decedent
Settlor's estate shall be entitled to recover from the person receiving the property the
amount by which the total tax which has been paid exceeds the total tax which
would have been payable if the value of such property had not been included in the
gross es ta te.
6. Trustee may exercise aU: of the foregoing elections and any others available
under any tax law, to obtain, to the extent practicable, both the optimum reduction
in a Settlor's estate taxes and in the income taxes estimated to be payable by a
Settlor's estate, this Trust, the beneficiaries of both, any business interests in the
Trust estate and the optimum deferral of all of those taxes.
6.1. Trustee may make adjustments between income and principal
accounts and to allocate the benefits from any election among the various
beneficiaries of this Trust.
6.2. Trustee may compensate for the consequences of any election that
Trustee believes has had the effect of directly or indirectly preferring one beneficiary
or a group of beneficiaries over others.
7. All such foregoing elections and adjustments shall not, however, diminish
any portion that would create an adverse taxable event to the Trust or beneficiaries
hereunder and no Trustee who is a beneficiary of any Trust created hereunder shall
participate in any decision regarding whether or not any of the foregoing elections,
allocations or adjustments shall be made with respect to such Trust if such decision
could affect the Trustee's interest in such Trust or Trusts.
9
ARTICLE SEVEN
- Estate Distribution Upon Death of Survivor -
Trustee shall allocate all remainder of principal and accrued (but) undistributed
income of the Trust estate to the Residual/Family Trust and distribute as follows:
1. RONALD L. CORNMAN, Settlors' son, shall receive an amount equal to a
fifty percent (50%) portion of the Trust estate. TRACIE CORNMAN & KELLY
CORNMAN, Settlors' grandchildren, shall each receive an amount equal to a
twenty-five percent (25%) portion of the Trust estate.
2. In the event that any beneficiary does not survive the last Settlor to die,
then such decedent beneficiary's portion shall be distributed to the surviving
primary beneficiaries (above), in prorata shares.
3. In the event that any beneficiary of this Trust estate is then a debtor to the
Settlor(s) at the time of death of the last Settlor to die, then such person's
indebtedness shall then be absolved and deemed as though such debt had never
existed.
4. Trustee shall hold and administrate portions or shares of this Trust estate
that have been allocated to any beneficiary (as per this Article), who has not then
attained the age of twenty-one (21) years, or is legally incapacitated, at the time of
death of the last Settlor to die, as per Article Nine (infra).
5. In the event that the foregoing provisions fail to provide for the
distribution of all or any portion of the Trust estate then such property, to the extent
not distributed as per this Article, shall be distributed outright, one-half to the heirs
of each Settlor, as determined by the laws of the state of domicile of the last Settlor to
die at the time of his/her decease.
ARTICLE EIGHT
- Successor Trustee Appointments -
1. The Settlors reserve the power to remove any Trustee during their joint
lives and to appoint other or additional Trustees not presently named as Successor
Trustee at the creation of this Trust.
2. The Settlors shall serve as Co-Trustees (as heretofore appointed) until (i)
they resign by a statement in writing (individually to the other Settlor or) addressed
to Trustee(s) or (ii) they are diagnosed by an attending physician as being impaired
(certified in writing) beyond having the ability to manage their administrative duties
of this Trust or (iii) their death.
3. Upon (i) resignation or (ii) inability to serve because of a medical/mental
condition causing impairment of normal administrative abilities (as evidenced by a
medical certificate from his or her attending physician) or (iii) death of the first
Settlor to die, the other Settlor shall serve as sole Trustee.
(following is the designation of the Successor Trustee)
10
4. Upon (i) resignation or (ii) inability to serve because of a medical/mental
condition causing impairment of normal administrative abilities (as evidenced by a
medical certificate from his or her attending physician) or (iii) death of the surviving
Settlor /Trustee, RONALD L. CORNMAN (son) and TRACIE CORNMAN
(granddaughter) shall serve as Co-Trustees. In the event that either is unwilling or
unable to serve then the remaining Appointee shall serve alone as Trustee.
5. In the event that no Successor Trustee Appointees are willing or able to
serve as Successor Trustee as per above then a majority vote of the primary
beneficiaries of this Trust may appoint a Successor Trustee.
5.1. In the event that a majority vote is unable to appoint a Successor
Trustee, in such case, then the vacating Trustee may appoint a Successor Trustee;
additionaUy, any corporate Trustee that may serve may be removed, at any time, by
the majority vote of the beneficiaries of this Trust.
5.2. If such vacating Successor Trustee is unable to select a Successor
Trustee, in such case, then a court-appointed Successor Trustee shall serve.
6. If, at any time, a Settlor has been replaced as Trustee because of a
voluntary relinquishment of his/her Trusteeship or by incapacity, that Settlor may.
re-establish his/her Trusteeship .to himself/herself by executing an affidavit or
notice of Trustee's termination (if a Successor Trustee is then serving) and a
physician's notice declaring his/her recovery if incapacitation had been (before)
declared by a physician.
7. In the event an Individual Trustee is acting as Co-Trustee with an
Independent Trustee, the Individual Trustee shall have jointly, with the
Independent Trustee, all the powers given Trustee, except that the Individual
Trustee shall not participate in the exercise of power or discretion to determine the
propriety or amount of payment of income or principal to the Individual Trustee or
to any person to whom the Individual Trustee is legally obligated, and the
Independent Trustee alone shall exercise such power and discretion.
8. If and in the event that, at any time of incapacitation of either Settlor, as
defined in this Article (supra), the Settlors' State of current domicile (or the State
selected to govern the provisions of this Trust instrument by Trustee election) has as
a requirement that two (or more) physicians must execute an affidavit in determining
a person's legal incapacitation declaring that such person is unable to attend to his
own fiduciary affairs because of his mental or physical condition, then the laws and
statutes of such State shall prevail concerning such requirement.
8.1. Successor Trustee shall, in such case, secure two or more medical
opinion letters concerning such Settlor's inability to serve as Trustee.
8.2. Successor Trustee and transfer agents may deem the opinion letters
as the required "certification of incapacitation" concerning such Settlor's existing
condition.
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ARTICLE NINE
- Trustee/Fiduciary Powers & Provisions -
The powers hereby granted to Trustee may be exercised during the term of any
Trust created hereunder, and during such time after the termination of any such
Trust as is reasonably necessary to distribute the Trust assets (Trustee shall have all
powers conferred by law to the extent not inconsistent with those stated in this
document). All of the powers and provisions are exercisable without any court
authorization or approval to wit:
1. DISPOSITIVE POWERS:
1.1. Disposition of Vested Assets. Trustee shall distribute the
apportionate vested shares of principal to each beneficiary (as named) provided
such beneficiary(s) has attained the age of twenty-one (21) years or older and is not
legally incapacitated. If any property of this Trust becomes distributable to a
beneficiary(s) who has not attained such age or is legally incapacitated, the income
(and principal, if needed) of such assets shall, unless otherwise prohibited in this Trust
instrument or by Amendments attached hereto, be used and distributed, in Trustee's
unhindered discretion, for the general purpose of such beneficiary's - (a) health, (b)
education, (e) maintenance and (d) support - because of which, through no fault of
his/her own, such beneficiary is unable to provide for himself/herself - as follows:
1.1.1. Trustee may, in its discretion, distribute portions of income
(and principal, if needed) of such beneficiary's assets and/or asset account directly
to such beneficiary; Trustee may distribute any remaining assets to such beneficiary if
the total value of such assets is not large enough to require administration of such
herein or for any other valid and prudent reason that would effectively apply at
such time.
1.1.2. Trustee may, in its discretion (which shall be binding and
conclusive upon all parties in interest, if made in good faith), distribute from the
Trust Fund of a beneficiary - who is a minor or an incompetent or a person whom
Trustee deems to be unable, wisely or properly, to handle funds if paid directly to
such beneficiary - to (i) any person or organization providing support for such
beneficiary, (ii) the natural guardian or legally appointed guardian, conservator or
other fiduciary of the beneficiary or (iii) a combination of both; notwithstanding,
Trustee is to make all disbursements forthright for any necessities of guardianship
proceedings that may apply to any beneficiary herein.
1.1.3. Trustee may distribute such assets to the beneficiary's
custodian under provisions of IRe Section 2503 and the Uniform Gift to Minors Act
or Uniform Transfers to Minor Act as applied under statutes of state-of-
administration of this Trust or to his guardian.
1.1.4. Unless otherwise disposed of herein, if such beneficiary dies
before receiving final distribution then Trustee may distribute the remaining Trust
assets to such beneficiary's estate including paying any expenses of his/her last
illness, funeral or cremation.
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1.1.5. Trustee shall not be charged to inquire into the application
of any funds so paid or applied (above) and the receipt of such payee, if disbursed
for such purpose in the best judgment of Trustee, shall be deemed to be full
indemnification against liability to Trustee concerning such transaction(s);
notwithstanding, Trustee may, in its sole discretion, require such reports and take
such measures as it may deem requisite to assure and to enforce the due application
of such monies for the purposes aforesaid.
1.1.6. If there arises any conflict for Trustee concerning this
Paragraph 1.1. et. seq., as it relates to unfavorable powers of appointment, wherein
such discretionary power to distribute may impute any principal of this Trust into
his/her taxable estate that otherwise would not be imputed, then Trustee shall
appoint an Independent Trustee to carry out such fiduciary provisions that may
otherwise impute unintended "ownership of Trust principal" to Trustee.
1.2. Merger of Trusts. Trustee may merge the assets of this Trust or any
Trust created hereunder with those of any other Trust, by whomever created,
having the same beneficiaries and substantially the same terms and if there is
disparity in the maximum duration of the Trusts so merged, the shortest maximum
duration shall control.
1.3. Discretionary Termination. Trustee may terminate any Trust.
created hereunder of which it has a special power of appointment whenever such
termination is deemed advisable by such Trustee, by distributing the assets to the
beneficiary to whom income may then be distributed, or if more than one
beneficiary, to any beneficiary in such amounts and proportions as Trustee deems
advisable, provided, however, that an Independent Trustee is serving or if not
serving, then to be appointed by the Individual Trustee prior to any such
termination or apportionment. .
1.4. Outright Distribution. If income or principal of this Trust is, by the
terms of this agreement, to become part of any Trust or Trust share and would be
immediately distributable, such income or principal may be distributed by Trustee
in exactly the same manner as provided therein.
1.5. Distributions. Trustee may make distributions wholly or partly in
cash or in specific property, real or personal, regardless of whether each resulting
share/portion contains identical property and regardless of whether any resulting
share/portion contains undivided interests in assets.
1.5.1. To the extent permitted by law and where not otherwise
directed in this instrument, Trustee may reasonably determine the fair market value
of each asset, which is distributed in kind, to distribute assets with a higher income
tax cost basis to one beneficiary, and other assets with a lower income tax cost basis
to another beneficiary, without making any adjustment between those beneficiaries,
including making nonprorata distributions, except where otherwise directed in this
instrument.
1.5.2. Trustee may sell assets which are not specifically disposed
of rather than distributing them in kind for the specific purpose of minimizing the
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income taxes estimated to be payable by a beneficiary on sale of those assets even
though doing so increases the income tax payable by this Trust.
2. ADMINISTRA TIVE POWERS:
2.1. Retention of Assets. Trustee may retain any asset, however
acquired, for as long as it deems advisable, even if (personally interested in the asset
or) its retention results in a lack of diversification.
2.2. Property Transaction. In the interest of the Settlors and the
beneficiaries of this Trust estate and to facilitate equitable prudence, within the
provisions of this Trust, Trustee may sell, exchange, mortgage, lease, convey,
encumber, pledge, hypothecate or otherwise dispose of any real, personal or other
property to any person, entity, beneficiary or agent or to a Trust or estate of which
such Trustee is also a fiduciary, including this Trust estate.
2.3. Investment Purchasing. Trustee may purchase (as an investment
for this Trust estate) assets belonging to any Trust created by a Willes) of the Settlors
or any other agreement; or lend money to this Trust estate or to any other such Trust
without personal liability of the fiduciaries thereof for repayment of such loans.
Any such investments or loans are to be made at prices (upon such security, if any)
and terms as may be satisfactory t~ Trustee; Trustee may make such investments or
loans even if it is also an Executor of the Settlors' Wills or a Trustee of such other.
estate.
2.4. Investment of Assets. Trustee may invest (ot reinvest) any assets of
this Trust estate, which it deems advisable, without limitation by any statute, rule,
law or regulation limiting the investment of funds by corporate or individual.
fiduciaries; e.g. Trustee may invest in equity funds, as well as debt securities, and
may delegate. investment functions or commingle assets.
2.5. Nominee Trusteeship. It is allowable for Trustee to hold securities
or other assets of this Trust estate in its own name, with (or without) disclosure of
fiduciary capacity, or in the name of a nominee, or in bearer form.
2.5.1. When multiple Trustees are serving, a single Trustee may
deposit and withdraw funds from bank accounts, authorize transactions regarding
the Trust's securities and endorse stock certificates when all other Trustees then
serving have given written authorization to do so. Such authorization may be given
in the signature cards or other documents establishing a bank or securities account.
2.6. Depositing of Cash. Trustee may deposit cash into the commercial
or savings departments of any corporate fiduciary or of any other bank or Trust
company or in any other depository.
2.7. Borrowing Monies. Trustee may borrow money for purposes it
deems prudent and advisable, for the benefit of interested persons of this Trust
estate, from any source including those which it may have personal interests in.
2.8. Asset Allocation of Principal and Income. Allocations between
principal and income may be made, in Trustee's discretion, of all receipts and
14
disbursements, including receipts of estate assets received or accrued during estate
administration, in any manner that will not result in the loss of any available estate
tax deduction. Trustee may, but need not, create reserves out of income for
depreciation, obsolescence, or amortization of properties.
2.9. Division of Assets for Distribution. Trustee may divide the Trust, to
determine values, to distribute like or unlike assets to different beneficiaries or
Trusts and to make distributions in cash or in kind, in divided or undivided
interests; provided that any assets allocated in kind in satisfaction of any pecuniary
gift shall be valued at fair market value of such asset on the date of such allocation.
2.10. Direct Payments for Support. Trustee may make all payments of
income of principal authorized hereunder directly to the beneficiary for the
beneficiary's support, and, in the case of a beneficiary(s) who is(are) a minor or
under other legal disability, all such payments (and any distributions of tangible
personal property) may be made directly to the beneficiary(s).
2.11. Litigation Rights. Trustee may settle, compromise, submit to
arbitration or litigate claims in favor of or against the Trust.
2.12. Ascertainment of Tax Deduction Elections. Trustee may contest,
settle or compromise all tax matters, to elect to claim any expense of this Trust as an
income tax deduction or as an estate tax deduction, and to make any other elections
authorized or permitted by law all without reimbursement or adjustment between
principal and income or in favor of any beneficiary, even if the elections directly
affect the value of any beneficiary's share.
2.13. Employment of Professional Assistance. Trustee is authorized to
delegate and employ attorneys, accountants, investment managers, specialists and
such other agents (as Trustee deems necessary or desirable) to perform ministerial
duties including the appointment of an investment manager(s) to manage a portion
or all (as Trustee delegates) of the assets of the Trust - thereby empowering said
manager(s) the right to (i) invest such assets in their full and complete discretion, (ii)
acquire and dispose of such assets, and (iii) charge any fees incurred by the
employment of said agents and/or managers against the Trust with liability only for
reasonable care in their selection and to place assets in an account with a Trust
department of a bank.
2.14. Latitude of Trustee Power. Trustee may exercise every other power
(within the limits of discretion of a prudent man) not specifically granted by this
agreement that may be necessary to enable it to create, continue, operate, expand or
change forms of proprietorships, partnerships, joint ventures, corporations or other
business in conjunction with this Trust including:
2.14.1. The power to invest in any kind of property real or personal
including interest of shares in common Trust funds, mutual funds or open end or
closed end investment funds.
2.14.2. The power to subdivide, re-subdivide, raze, alter, vacate,
partition, or release real estate and any or all improvements thereon to renew,
amend, change, modify or extend leases, contract to make leases, grant options to
15
lease, renew leases or to purchase the whole or any part of the reversion, to contract
regarding the manner of fixing present or future rentals, and grant easements or
changes of any kind on or with respect to such real estate.
2.14.3. The power to continue to hold and invest in, or otherwise
contract to acquire any right, title or interest, real or personal, in oil, gas or other
mineral property, wheresoever located, whether or not productive, including all
fractional or undivided rights for whatever term of interest, royalties payments,
together with all options and privileges relating in any way to the exploring,
drilling, mining, developing, completing, operating, improving and financing of oil,
gas and other mineral property.
2.14.4. The power to receive, retain indefinitely or invest in any
interest in any holding company, family investment company, general or limited
partnership, proprietorship, closely held corporation or other businesses; to rely
upon the audited or unaudited reports of Certified Public Accountants as to the
operations and financial conditions to any such business; to elect, employ and
compensate regarding any such business and to delegate to others the power to
perform such acts.
2.15. Exercise of Powers and Discretions. Trustee may freely exercise any
of the powers and discretions grantE;d to it in all matters concerning the Trust estate,
after forming its judgment based upon all the circumstances of any particular.
situation as to the wisest and best course to pursue in the interest of the Trust and
the beneficiaries, without the necessity of obtaining the consent or approval of any
court. Trustee shall exercise such powers and discretions at all times in a fiduciary
capacity primarily in the interests of the Trust beneficiaries.
2.16. Executing Instruments for Administration. Trustee may execute
and deliver all instruments that will accomplish or facilitate the exercise of the above
powers and duties and to perform all other acts necessary or advisable to administer
the Trust to any corporation, transfer agent, or governmental agency and to record a
copy in the office of the County Recorder of any County.
2.17. Separate Shares Management As A Unit. Trustee need not make a
physical segregation of assets when dividing the Trust into shares, but may allocate
undivided interest in property to such shares by an accounting procedure or may
allocate different properties thereto and may administer the assets of all shares as a
unit until such time as Trustee is required to make distribution. In such event,
separate accounts must be kept for each Trust estate and each share must be treated
as a separate Trust for all purposes.
2.18. Risk Investments. Trustee may invest in options, futures or
commodities and hold Trust securities in brokerage margin accounts if, in its
discretion, such investments or holdings would seem prudent. Absent gross
impropriety, Trustee shall not be held liable for any loss occurring as a result of such
investments or holdings.
2.19. Insurance Premiums. Unless otherwise specified in this document,
Trustee shall pay premiums on all insurance policies owned by this Trust for the
duration of the policy contract.
16
3. ADMINISTRATIVE PROVISIONS:
3.1. Undivided Retention. Trustee may hold and retain the entire
principal of this Trust estate until distributions will necessitate the actual division.
Trustee may hold, manage and invest in account for shares or parts thereof by
appropriate entries on books of account and may allocate to each share its
proportionate part of all receipts and expenses provided however that the carrying
of several Trusts as one shall not differ the vesting in title or the possession of any
share or part thereof.
3.2. Prorata Distributions. Trustee may make prorata distributions to
any sub-trust created under the provisions of this Trust agreement whether a
distribution to separate Trusts created at the death of the first Settlor to die or for
distributions to the Settlors' beneficiaries.
3.3. Waiver of Bonds. No bond or other indemnity-shall be required of
any Trustee nominated or appointed hereunder.
3.4. Waiver of Court Turisdiction. The Settlors expressly waive any
requirement that any Trust be submitted to the jurisdiction of any court, or that
Trustee be appointed or confirmed or that their accounts be heard by any court.
This waiver shall not prevent any Trustee or beneficiary from requesting any of
these procedures.
3.5. Succession, Appointment and Removal Procedures. If a vacancy in
Trusteeship occurs (voluntarily and otherwise) and a Trustee to fill such vacancy is
named in this agreement or by a procedural provision in this agreement, the
vacating Trustee shall promptly notify such named Successor, in writing, of the
occurrence and date of the vacancy.
3.5.1. The named Trustee's appointment shall become effective,
following such a vacancy, upon Trustee's written acceptance within thirty (30) days
following the date of the vacancy. A notice of succession acceptance must be
executed by the succeeding Trustee and made a part of this agreement. A copy of
such notice shall be delivered to the vacating Trustee.
3.5.2. To effect the appointment of a Trustee, the person entitled
to make such appointment shall file, with Trustee to be appointed, a written
statement that such appointment is made. The appointment of a Trustee so
appointed shall become effective upon receipt, by the person entitled to make the
appointment, of the newly-appointed Trustee's written acceptance within thirty (30)
days following the filing of such written statement.
3.5.3. Trustee shall, upon acceptance, duly succeed to the vacating
Trustee's title to all of the Trust assets of the entire Trust estate. To effect the
removal of a Trustee other than the Settlors, the person entitled to remove Trustee
shall either deliver to such Trustee a written statement that the removal is made, or
mail such statement to Trustee's last known business address by registered or
certified mail, return receipt requested. After such delivery or mailing, a removed
Trustee shall have no further duties, other than to account, and shall not be
responsible or liable for the acts of any Trustee.
17
3.6. Resignation Right. Any Trustee shall have the right to resign at any
time by delivering a written resignation to those entitled to appoint a Trustee. The
resignation shall be effective sixty (60) days after the date of delivery of the
resignation, or upon the earlier appointment of a Trustee. After the resignation
becomes effective, Trustee shall have no further duties and shall not be responsible
or liable for the acts of any Trustee.
3.7. Approval of Trustee Accounts. If other than a Settlor is serving as
Trustee, the appointed Trustee, (or personal representative of any deceased Trustee)
shall render accounts to the Settlors or their beneficiaries, of this Trust estate, as are
living and legally competent.
3.7.1. The approval of these accounts by those persons, in
writings delivered to any Trustee, shall constitute a valid and effective release of
such Trustee with respect to all transactions disclosed by the accounts, and shall be
binding and conclusive as to all persons.
3.7.2. Notwithstanding, the previous paragraph, nothing therein
shall give Trustee, or any person, the power or right to enlarge or shift the beneficial
interest of any beneficiary of the Trust.
3.8. Majority Vote and Delegation. If more than one Trustee is serving,
their powers shall be exercisable by a majority vote of Trustee authorized to act. If
such occurs the other Trustee shall not be responsible or liable to any person, in their
capacities as Trustee, for the administration of the Trust during the time such
delegation is in effect.
3.9. Custody of Assets. If a corporate Trustee is nominated to serve by
any Trustee, it shall have custody of all assets, handle receipts and disbursements
and prepare accountings.
3.10. Change of Trust Situs. Trustee may transfer situs of the
administration of any Trust created hereunder from the Settlors' state of domicile to
another state and Trustee may elect to have the governing law of this Trust
instrument be the laws of such state even if contrary to provisions herein.
3.11. Income at Termination. Unless such income is expressly made
subject to an income beneficiary's general power of appointment, any accrued or
undistributed income at the termination of a Trust with a sole income beneficiary
shall be distributed to such beneficiary, or if the beneficiary is deceased, to the
beneficiary's estate; in all other cases such income shall be added to principal.
3.12. Subchapter "S" Election. Trustee may continue the election by any
corporation so elected, the securities of which are in the Trust estate, to be taxed
pursuant to Subchapter "S" of the Internal Revenue Code of 1986, as amended, only
allowable, however, to any existing, amendatory or supplemental federal legislation
or any corresponding state tax law.
18
3.13. Authenticity and Notices. Trustee may rely on any information or
document, believed to be genuine, without incurring liability for any action or
inaction based thereon.
3.13.1. Unless Trustee receives written notice of any birth,
marriage, death or other event upon which the right to payments from the Trust
estates may depend, Trustee shall incur no liability for disbursements made in good
faith to persons whose interests may have been affected by that event.
3.14. Investigation not required. No person or corporation transacting
with Trustee shall be required to investigate Trustee's authority for entering into any
transaction or to see to the application of the proceeds of any transaction.
3.15. Trustee-Installed Amendments. Trustee may, upon giving notice to
each beneficiary, amend, either in whole or in part, any administrative provision of
this Trust which causes unanticipated tax liability, or conform the administrative
provisions of this Trust to the requirements of the taxing authorities, as well as any
particular state law requirements applicable therein. Trustee is, therefore, expressly
authorized to enter into any agreements with the Internal Revenue Service or any
other governmental body and to execute any documents as will, in Trustee's
discretion, tend to minimize the taxes resulting from this Trust.
3.16. Surviving Settlor's .occupancy. Unless otherwise expressly provided
herein to the contrary, the surviving Settlor shall be allowed to occupy and use
Settlors' primary residence, or his/her interest therein, until surviving Settlor's death
or long-term absence (of 120 days or longer) because of nursing home, or other long-
term health care requirements.
3.16.1. Unless otherwise provided, the surviving Settlor may direct
Trustee to sell such residence and purchase another comparable residence for the
surviving Settlor's use; if the surviving Settlor's children are not the same as the
decedent Settlor's children then the surviving Settlor must have the unanimous
permission of the decedent Settlor's children prior to instituting the sale of such
residence with the Trustee.
3.16.2. All taxes, insurance, repairs and assessments concerning
such residence shall, unless otherwise stated herein, be paid out of the decedent
Settlor's Trust estate and the surviving Settlor's Trust estate - prorata.
(end of Article)
19
ARTICLE TEN
- General Governing Provisions -
1. DEFINITIONS:
1.1. Descendants/Issue. "Descendants" or "issue" are those persons who
are lineally descended from the same blood line of a parent or ancestor but not
including legally adopted lineal descendants and illegitimate descendants and their
descendants and shall mean in this Trust instrument, unless otherwise defined, as
second generation to the Settlors.
1.2. Child. "Child" is a first generation descendantjissue of the Settlors
unless expressly referred to as a child of a first generation issue.
1.3. Per Stirpes. "Per stirpes" means a distribution of a certain portion or
share (of this Trust estate) in equal shares among surviving issue of the Decedent
person who would have otherwise received a portion of this Trust estate and
referred to by right of representation and not as so many Individuals.
1.4. Per Capita. "Per capita" means a distribution in equal shares to a
number of persons, all of whom stand in equal degree to the Decedent (who would
have otherwise received such share),. without reference to their assets or the right of
representation.
1.5. Descendant in Gestation. A descendant in gestation at the time of
an event is later born alive and is "living/surviving" at the time of such event.
1.6. Simultaneous Death. If the Settlors shall die simultaneously or
under circumstances which make it difficult to determine with reasonable certainty
which of them died first, the Settlor with the smallest federal adjusted gross estate
shall be deemed to have survived for the purpose of this instrument and the
provisions of this instrument shall be construed upon that assumption, irrespective
of any provision of law establishing a contrary presumption or requiring
survivorship for a fixed period.
1.6.1. Notwithstanding this provision, however, in the event that
the value of the Trust estate is equally owned and/or each Settlor's property equals
a value exceeding the Federal Estate Tax Exemption Equivalent then available to
each such Settlor, then the Settlors, under such circumstances, shall be deemed to
have died simultaneously.
1.6.2. In such simultaneous deaths of Husband & Wife as Settlors
with equal interest in their respective estates, Trustee shall not then qualify any
portion of either Settlor's estate for the Federal Estate Tax Marital Deduction.
1.7. Trustee. "Trustee" means an original or any Trustee of any Trust
hereunder, and may include Individuals and corporations.
1.8. Corporate Trustee. "Corporate Trustee" means any qualified Trust
company or national or state banking institution having Trust or fiduciary powers
governed by its state of situs.
20
1.9. Independent Trustee. "Independent Trustee" is the entity which
may have been referred to in this document as the "Trustee" and it means any
Trustee other than:
1.9.1. A Trustee who is a beneficiary to whom income or principal
could be distributed currently; or,
1.9.2. A Trustee who has a legal obligation to support a
beneficiary to whom income or principal could be distributed currently; or,
1.9.3. A Trustee who would, by possessing the power of an
Independent Trustee, become a "younger generation beneficiary" possessing a
"present power", as defined in Section 2613 of the Internal Revenue Code.
1.10. Adverse Party. A party to an action whose interests are opposed to
or opposite the interests of another party to the action.
1.11. Mandated Documents. The requirement that a person act in writing
requires a dated written document signed by such person.
1.12. Physician. Unless otherwise identified in writing delivered to any
Trustee by the Settlors, the "family or attending physician" shall be deemed to be the
physician to whom the Settlor(s) has been attended by prior to the date of execution
of such physician's Medical Certification or "opinion letter" according to terms
heretofore stated.
1.13. Tax to Second Generation. "Generation-skipping tax" means any
state or federal tax imposed on a generation-skipping transfer. .
1.14. Gender. Where appropriate, the masculine includes the feminine,
the singular includes the plural, either includes the neuter and vice versa.
2. RULES OF CONSTRUCTION:
2.1. Laws Governing: Trusteeship and Taxation. All questions
pertaining to the validity of any Trust created hereunder or its terms shall be
determined in accordance with the laws of whatever state having sufficient
connection with such Trust that will support the validity of such Trust.
2.1.1. All other determinations shall be governed by the laws of
the State in which this Trust is then being administered based on situs of the office
of Trustee (or an elected office by Trustee if more than one is serving at one time)
then having custody of that Trust's principal assets and records.
2.1.2. The foregoing shall apply even though the situs of Trust
assets or the domicile of the Settlors, Trustee or a beneficiary may be elsewhere.
2.1.3. Except where (or when) otherwise required, this Trust shall
not be registered under the laws of the State of Pennsylvania or any other
jurisdiction.
21
2.2. Captions. Captions are for convenience only and are not intended
nor used to alter any of the provisions or intent of this document. If any portion of
this Trust is held to be void or unenforceable, the balance shall, nevertheless, be
carried into effect.
2.3. Purpose. It is the primary purpose and intent of this Trust to
provide for the management of the Settlors' assets both presently and during any
future period of disability; being an alternative preferred to guardianship or formal
conservatorship proceedings which are conducted in and supervised by a court of
law; and a simplified means of accomplishing both lifetime and death transfers of
Settlors' assets.
3. PROTECTIVE PROVISIONS:
3.1. . Marital Deduction. All proVISIOns of this agreement shall be
construed and applied so that any gifts between spouses qualify for the federal and
state (of domicile) marital deduction and that the Survivor's Trust can qualify for the
federal marital deduction, and any provision of this agreement incapable of being so
construed or applied shall not apply to such gifts. The Survivorshall have the power
to require Trustee of the Survivor's Trust to render any asset of such Trust
productive of income.
3.2. Taxation Exemptions. No part of any benefits payable to or
receivable by any Trustee hereunder from qualified pension, profit sharing or
retirement plans that maybe exempt from taxation under' Section 2039 of the
Internal Revenue Code shall be directly or indirectly applied to the payment or
reimbursement of any estate, succession or other death taxes or of the expenses,
debts, and other items required to be paid by any Trustee.
3.3. Non-Liability of Individual Trustee. No (Individual) Trustee who
has acted in good faith shall be liable for the acts of any Co-Trustee (if such is
named) or for failure to assert breaches of Trust by a deceased, resigned or removed
Trustee.
3.4. Spendthrift Provision. Neither principal nor income of any Trust
nor any beneficiary's interest therein shall be subject to alienation, assignment,
encumbrance, appointment or anticipation by the beneficiary, to garnishment,
attachment, execution of bankruptcy proceedings, to claims for alimony or support
or any other claims of any creditor or other person against the beneficiary or to any
other transfer, voluntary or involuntary, to or from any beneficiary (provided that
the foregoing shall not restrict the exercise of any general testamentary power of
appointment and that any principal distributable to any beneficiary by reason of
having attained a specified age shall be fully alienable by such beneficiary after
attaining such age). Notwithstanding this paragraph, this provision shall not apply
under any conditions where there may be an adverse impact on marital deduction
elections under IRC 2056.
3.5. Special Powers of Appointment. Any special power of appointment
may be exercised by appointment, outright or in Trust, to one or more of the
22
permissible appointees in such portions as the donee of the power may appoint;
provided:
3.5.1. The power shall not be exercisable in favor of the donee, the
donee's estate, the donee's creditors or the estate of the donee's creditors, and;
3.5.2. It shall not include the power to create another power of
appointment that, under the applicable local law, can be exercised so as to postpone
the vesting of any estate or interest in the Trust property or suspend the absolute
ownership or power of alienation of such Trust property for a period ascertainable
without regard to the date of creation of this power.
3.6. Rule Against Perpetuities. This Trust and all Trusts created
hereunder, if not sooner terminated pursuant to the provisions hereof, shall
terminate twenty-one (21) years, plus gestation period if applicable, after the death
of the last surviving beneficiary (or designated descendent) who is then living at the
time of the effective date of this Trust or the effective date of any Trusts created
hereunder; the "effective date" of this Trust or Trusts created hereunder means the
date that this Trust or any Trusts created hereunder become(s) irrevocable because
of the death(s) of the Grantor(s) of such Trust(s).
3.6.1. Any Trust assets governed by a statute or rule of law under
which such assets could not validly remain in Trust until that date shall be
distributed on the last date on which such assets can validly remain in Trust.
3.6.2. In the event of termination of a Trust in whole or in part
under this provision, the Trust assets shall be distributed to any of said beneficiaries
who were permissible recipients of Trust income immediately prior to such
terminations.
3.7. Compensation for Trustee. All Trustees of this Trust, whether an
Independent Trustee, corporate Trustee or a beneficiary (Trustee), shall be allowed
to receive, from readily available Trust assets, a reasonable compensation for their
administrative duties and services. Any such assessments, by such Trustee(s)
referred to in this paragraph, shall not exceed the amount customarily charged by
corporate fiduciaries for similar services.
3.8. Invalidity of Provisions. If any provIsIon of this instrument be
invalid, no Trust shall fail but shall continue and be administered as if such
provision did not appear.
3.9. Contestation of Trust Validity. In the event any beneficiary of this
Trust shall, alone or with any other persons, contest in court the validity of this
agreement or of either Settlor's Last Will & Testament, then such person's interest in
this Trust estate shall be determined as though such person had predeceased the
execution of this agreement without surviving issue.
(end of Article)
23
ARTICLE ELEVEN
- Life Insurance Payable to Trustee -
1. Trustee, acting as such, is not responsible for the payment of premiums or
other assessments on any life insurance policies on the lives of the Settlors of those
which death benefits are made payable to Trustee.
2. Upon the death of the insured thereunder, Trustee shall take any action
necessary to collect any and all insurance policy proceeds and is authorized to pay
the expense therefrom out of a decedent/Settlor's Trust estate. Trustee may release
the insurance company from its liability under the policy and accept a compromise
deemed necessary for the timely and proper collection ofinsurance proceeds.
3. Trustee's receipt, delivered to the insurance company, of policy proceeds
from the insurance company shall constitute a complete release for such insurance
company for any payment concerning such receipt and shall bind the beneficiaries
of this Trust estate.
4. After deducting all charges of the insurance policy concerning advances,
loans or other debts, Trustee shall distribute the proceeds of the policy according to
the dispositive provisions of this Trust estate and according to the legal ownership
of the policy.
4.1. Any insurance policy for which its premiums were paid out of
Tenants-in-Common property assets shall retain its character of Tenants-in-
Common property and shall be valued and distributed as such as according to the
dispositive provisions of Article Three.
4.2. Any insurance policy for which its premiums were paid out of sole
and separate property shall retain its character of sole and separate property and
shall be valued and distributed as such as the sole and separate property of the
Decedent/Settlor.
5. Unless a policy is owned by this Trust, a change of beneficiary to a person
other than Trustee shall revoke this Trust with respect to such policy or other benefit
and shall release Trustee from all responsibility in connection with such policy.
(end of Article)
24
ARTICLE TWELVE
- Administration of Professional Corporation -
Notwithstanding the provisions of this Trust agreement concerning the
administration of the assets herein by the named Trustee(s), the following
provisions shall govern those assets transferred to this Trust estate designated as
stock of a Professional Corporation, as defined under the laws of the state of
domicile of the Settlors, created by and for an Individual(s) rendering professional
services requiring a license to perform such and allowing such Individual to own
shares of stock in such corporation:
1. Notwithstanding that any stock of a Professional Corporation, as defined
under the laws of the state of domicile of the Settlors, which is transferred to this
Trust estate is co-owned, all stock of such corporation shall be under the
administration of the Grantor of such stock as sole Trustee and not as Co-Trustee
with his or her Spouse during such Grantor's lifetime,
2, In the event the Grantor/Trustee of such stock shall be the first spouse to
die, then Trustee of this Trust estate shall be vested title of such stock as according to
the provisions of this Trust instrument and shall act within the limits set by State
law to formulate administration of or sale to another professional holding the same
certificate of license granting authorization to perform such services,
3: Proceeds of any transactions of the proceeding paragraph shall be
distributed and administrated, in prorata designations or otherwise, under the
provisions of this Trust agreement according to such property designation whether
separately or co-owned as under State (of domicile) law or previous agreement
between the Settlors of this Trust agreement.
4, Any "non-licensed" surviving Settlor/Spouse shall have equitable title as
to the shares of such corporation not to exceed his/her interest in community or
other jointly owned property vested to him/her by state (of domicile) law,
Additionally, any remainder beneficiaries of this Trust shall have interest in such
corporation limited to the proceeds from the sale of such corporation shares after the
death of the licensed/Settlor /Trustee,
5. Any beneficiary of this Trust estate shall have beneficial interest only (in
values previously determined in this Trust, supra) to proceeds from a sale of the
shares of the Professional Corporation, held in this Trust, and not equitable title to
those shares.
(end of Article)
25
ARTICLE THIRTEEN
- Non Liability of Separate Parties -
Custodial agents, transfer agents, venders, financial institutions, physicians or any
other "separate parties" (of this Trust) performing fiduciary or transferal duties or
rendering any other service, pursuant to any such transfers, documents etc., for the
furtherance of the purposes and intents of this Trust shall, absent of any fraud, be
under no liability or obligations for the application or administration of this Trust,
and sha\1 not put Trustee to task or inquiry regarding any supplements or
amendments of this Trust, which may have been created and executed by the
Settlors from time to time, other than such supplements and amendments that
Trustee alone shall present to any separate party.
ARTICLE FOURTEEN
- Certificate of Trust Proving Existence -
A Certificate of Trust signed by the Settlors of this Trust agreement and
acknowledged before a Notary Public shall be conclusive evidence upon a\1 persons
and for all purposes of the facts stated in said Certificate respecting the terms of this
Trust agreement and of the text thereof and of who are, from time to time, Trustees
hereunder. .
ARTICLE FIFTEEN
- Transmutation of Assets on Contingency -
In the event either Settlor becomes medically or mentally incapacitated whereas to
require skilled nursing care, intermediate care or custodial care as defined by State
of domicile Statutes, Trustee may transmute any Community (or any other jointly
owned) property held in this Trust agreement into (to become equal shares of)
Separate property respectively of each spouse provided, however, that in Trustee's
discretion there is no potential capital gains tax implications, adverse to the estate, as
a result of such transmutation and thereby losing the "stepped-up" in basis
allowance under Community property tax law as provided in Section 10l4(b)(6) of
the Internal Revenue Code as amended, 1986. Anv such transmutation shall be
transacted by Trustee only under the following condihons:
1. In the event, and only in the event, that the Settlors' combined estate is
equal to or less than the amount currently a\1owable, by the Settlors' resident state,
to retain by a we\1 spouse and not to be spent down as a result of financial liability of
the ill spouse then Trustee may transfer the ill spouse's share (1/2 half of the sum
allowable to keep from a spend down) to the we\1 spouse.
2. Any Separate property which became such as a result of the provisions of
this Article shall, however, become Community (or otherwise jointly owned)
property immediately upon the request of both spouses at the recovery of such ill
spouse. Recovery shall, by definition, mean that the ill spouse is no longer requiring
institutionalized care as defined by this Article.
26
3. In exercising any provisions allowed by this Article, Trustee shall first
determine if any immediate or potential tax (or otherwise) losses would occur as a
result of the implementation of such transmutation of property as defined by this
Article and act in accordance, whether favorable or unfavorable, concerning the
beneficiaries of this Trust.
ARTICLE SIXTEEN
- Title of Trust -
This Declaration of Trust Agreement shall be referred to as the ---
C~Mi\N FAMIL i TRUST
Dated: ~~ '" , Z<nnl.
(end of final Article)
27
- ACKNOWLEDGEMENT -
ST A TE OF PENNSYLVANIA
COUNTY OF CUMBERLAND
We, WILLIAM E. CORNMAN & MIRIAM CORNMAN, the undersigned
Settlors of this Trust Agreement referred to as the -
q)R~MAN FAMILY TRUST
Dated: +L.ff; 2--(;. .;2..0-r?1
( ~/J
hereby sign our names to this instrument this 26 day of ze~ ,
c2 ~ , and being first duly sworn, do hereby declare to the undersign~ority
that we sign and execute this instrument, consisting of twenty-eight (28) pages,
including this page, as our Revocable Living Trust and that we sign it willingly, that
we execute it as our free and voluntary act for the purposes therein expressed, and
that we are eighteen years of age or older, of sound mind, and under no constraint
or undue influence.
J /7
X ,v.4a:p1 ff. (/ ~
WILLIAM E. CORNMAN
X J.7~ ~
MIRIAM CORNMAN
(AFFIDA VIT OF WITNESSES)
We, c4-fY!L3 S /, /YA/ ~& 4~eE: ,I./Yd//f, the witnesses,
sign our names to this instrument, being first duly sworn, and do hereby declare to
the undersigned authority that WILLIAM E. CORNMAN & MIRIAM CORNMAN
signed and executed this instrument as their Revocable Living Trust and that they
signed it willingly and that each of us, in the presence and hearing of WILLIAM E.
CORNMAN & MIRIAM CORNMAN, hereby signs this document as a witness to
their signing, and that to our knowledge they are both eighteen years of age or
older, of sound mind, and under no constraint or undue influence.
~ '-/J/. 0 II - '0
x ~'2- .n. ~ C~~ I / tL
IV-I' ness . Address
'-../ '.. / ....~' - ," /;j;/' , ;7
," /.' - ,f" Ab0 I ( I . /. .
x ':'r~/V"J/' / HL-~ ifi/l4' " ./ t:1
ltness / A dress /'
I
Sl1bscdbed, sworn to and acknowledge~before me this -
oZh ~ay of y;;~ .,,)..iJ~,
by the witnesses shown above and the named sett~~._) /1 _ -V ,;;J
NOTARY SEAL: x '---~"-'- / /.,<~~
,." ___._ 'I
Notary Public,/ i /
. V
Nctdna' s~a'. 1
PllIltioP T Serfass No~'3l)' PubliC \
lfl.ilfordTwp.. Bud<s Goun!,". ,\
My CommISSion Exp""" Jan 2. . :.ll.llI. J
OOlWf ~fli1V!vaf1i1! Association of Notarifj~
28
(NOTICE: If you wish to make a DUPLICATE of your Trust, then you must do the
following in the order as described - (i) make a copy of the Trust and a copy of this
Affidavit, (ii) sign the original Trust and this original Affidavit in the presence of a
Notary Public, (iii) sign the facsimile of the Trust and the facsimile of this Affidavit
in the presence of a Notary Public, and (iv) keep the original Trust and this original
Affidavit together in your Portfolio and (correspondingly) keep the facsimiles of the
Trust and of this Affidavit together in a separate, secure location. Always remember
that if you execute your Trust and this Affidavit in duplicate then you must execute
all (future) Amendments to the Trust in duplicate as well.
AFFIDA VIT
(of)
- DUPLICATED ORIGINALS -
We, WILLIAM E. CORNMAN & MIRIAM CORNMAN, being duly sworn by oath
as per below, depose and state that:
1) We hereby execute in duplicate form, as Settlors/Creators, a Revocable
Living Trust referred to as the -
CORNMAN FAMILY TRUST
Dated:
2) We have executed duplicated originals of said Trust concurrently on the
date registered on said Trust which is the same date of this Affidavit - also
executed in duplicate.
x x
WILLIAM E. CORNMAN
MIRIAM CORNMAN
STATE OF PENNSYL VANIA
COUNTY OF CUMBERLAND
On this day of
Notary Public, personally appeared -
, before me, the undersigned
WILLIAM E. CORNMAN & MIRIAM CORNMAN,
who acknowledged before me (or proved to me on the basis of satisfactory evidence)
to be the persons described herein and who have executed, by their signatures, the
foregoing instrument and have executed such as the Settlors (Creators) of said
Trust, and acknowledged that they executed the same as their free act and deed.
NOT ARY SEAL:
x
Notary Public
FF1"I- ....-l'1?!; THII 1....: ""7 1"1_..1< 1_.... 1'::- M" dd......
P-~?
us OU.RTMiNT 01 KOU$(~ MOo UKIlM OE'SELOP~ lVMlf' :.1.0: g~l
A. HUl>ol UNIfORM llETTLEMENT STATElIIENT
S. 1y~ or La'I)
1.1] FHA 2,(1 FmHAJ.IJ Cnnv. Un"s. 7, LQarI Number. a. NorlQiIIl)e lns.uranC8 Ca~ NlJrnblilt:
..(] VA .5. Gnnv. Ins.
C, NOTE: his form fumilihei II s~alll~l (.l ~Il "",I (:('Istto, AmOlmls poJd to.::lM ~ ttto tcftlcmant~ftf: Gte sM'M'l. ltAm" "'IU"lo.lild
-(po.e.. . WAlR 11I~ ou\sIde" do~ng: th .1'8' sha.vn for infO(fJ1a~OIlil Pf,l(1XI~*" ii1I1U iIIalllol inGWl=ld,., lhi 101'11:...,.,
C. Name & Addrei9. o( B(IlTO'OIoQf: Wcmv. {1dr9U. & TIN of t'lIcr: Fl. Nome & AddrCSlA or LII;,der:'
"'-...... rt<.......p'.""..... ...."'. '01.' r.,..,'.'.>.".'; 'Comma"''''IlyT",Ol Gt.tAC MOIla"OD
")'~!(H.~,;,I',:;'~:~<"/' ",',''' " " , 100WimlllrRoad
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1'OJI8rty LocaUon: TIN ci Sc/IDr: ~..~~..,,, _",,"_.n H. j:l.."loa",.PI~ A<J"'l'\t~
~lo~~~~di.i": "~,,"otS"'It""'"t eeCKLEY&MAOOe~
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. YlTImary ef Dllrro-w.... llulu,"\1orI K. &wnmiij ,,f'Sol,iir"i'TnrNtlllcUc.1
1DD, Grdilll AiiiOUiii'6i.i1.hiiift-aotiOwer. "CD, Gro,,;s AmoUf'lt Due to Seller:
I ,;.", ."
,
I
'~CCl1\rac:taal"P~
4CI2,pe,....er,oIPI'ape1tt
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AdJUG'ImolfUl t<< ICQrM .NiCl DY-'OIlM In iidvwtCl
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, 6)8.15 4D7, a..'..II.... ... 2/712003 lO ll/31l12OO3
S 0,00 41>&, ~eo-.mlenrn '0
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',",:, , '10.
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'412.'
413.
$15 ,M1.135 ":ZO. Gross Amount Duo to $oU/IIr
5DD;-Rod~tionlin Amaum Out 10 ~Iler:
-
'. .' :~.~.OD SD1. Excess dep:Jsi! (see Instructions)
,'~,-~- ,\)0. 5C2"S.iU~l't,dd"'l~loiell.,.(llne 10100)
~~'~'.>,' ':.: '.:.',.:.':', 5Q. Exlm\l'IQ lDonCG) lakOI"l slJbiaa ro.... ...
.::). ','.'<': ~,P~'1otfe1'l'StmMgage
5OS_ F"~vulr Q 1oaI(~and~?lC)e
~O&.
50i '."h'
!;OIl.
5Q8,
Adju:lilmonta 'or item unpaid Dy M1lf}r
$ n.oo 510. CitvJlown taxe$ tCJ
$ 0.00 ~t. Q\lflly \Wo'CIIll 10
$ D.OQ 51Z. AGcilGWncn~~ 10
, 000 5'1'i' ,_. Ie
" "~. 5",
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" ",'",,_.. '.',J 51S.
I',L 517
i'""':,, 518,
!:i~.;',.:;,.:'~\;; 5.1'3.
'1<40,200.00 520. TotAl Reducuan AmWnI Du. 5tIler
6'00. Cash at Settlement ToIftOfn StIll",
,1. 01. Gr06l amount due Q:I :tIler (line 42.0)
'141).2~, 0 Goa, lO::;:> reduCtionlll illlll;;;;:,u;,i dun ~I~ (line G2lJ)
-'--' '12,11'1.85803. c'!!'~ TI ,10 I I fIom Solo'
14S,ooo.oo
101, Contro1ct ,ales price
102. Personal Properiy
103, SClTDWafa IlCnJemcnl enarges (rinS .'400;
'04,
10S.
AdIu&tnlQf\ll. rOl' mt J,Yol Y
108. Cty/lG\\'tllO"'" 2ITr2003
107. Schoollaxe& 2lTi2003
108, N5Vliliilllwnlll
100.
110.
111.
"2,
113.
'20. Gf'C68 Amount OUlIrom Borrower
200.~oi.lnlS hid by or 111 YhoI larrower:
201, OeggcltG ar o:amc~ mBM~ . '."
2(12." n ..Mum r\$llIMn(ej
203, e,IsU"" lo.nl>ll....." ,ub;OC! ..
21M,
-2oS.--
200.
2M.
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2llll.
AtfJuI Ilia lMmll un"iIld by Miler
210. CltyltOwn I~a -'.tQ'
211. Gounrv IflltH" 10
ZlZ. A:lI&8$&m9I11S 10
213, I.
214,
2,S.
. ..
218.
217,. .....
216.
21Sl.
220. Total 'aid !Y~,,!>rr.Wlr
3DO. CII" II Sttlflamlnt frDm/tO BDrmwer
3tn. Grose ,mount due borrower (line 1 0)
~l.v~ i1fl'1QlM\t. ~Id oriJ':'uUWI:!r roe 20)
303. Clan I I "'om 1 to Borrower
n "I'IC.
to 12.131J2QO.'\ .'
lo ll/3012003
to
10
, I18M8
, 638.75
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. 0-00
'-"'41.:J.17.1'
110,!l77.JJJJ'
.
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~d .nd the IRS determine, that it hili 1'101 J;..w1il,1 rwpcrtvd, If this rmll&r.UG ~ yoUI' prlnclpal reSlCSenr.e, 'Ie rom'! 2~ 19. Stile or
~chlnge ofPrlnalpaJ Rn3ldDlle:a, fat en)' gRin, WI!PI yollr ineom! tSJl return; for OUllil( i("'IIiar;;lillfl~. Q:m~let, \he .iloolblo pans or F"Dml
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701. RamAlI' 54..356.00
~nall' GMAC Rtli11 E~U11O S4 0405.00
~ clan Old In SCllIom nl
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BOO. III,. . able n CQCU"lQc;Uor\ W\U\ \.oal'l
eat !.olll Ori!:lir'Uidion FM 1,00% 0 GMAC M"f
802. ill' Slnlctl Cantrla.
803. llcation F'elll 325.00 POC
eCM. FlOOd Certmca1lon Fl!!tt
eos. Laruiet'a Doe Pl\tJ3:.r"
Soe. 1.rfe of lMn Flond C~r't
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111:1..
111.4.
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IlO,. 1"'IlMlI.l fmm ::.: Q2I07J2OO3;' ta 09J01.r.!1lCf9'
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1001. HWrdlnSlJrance '~". 3'
'(~, 1t'o.t'lDa~ ~~)~~~ ~~;..:.:.~,~,_
1003.CtvIUODerllllII_BI ,..:....~1.3....,
1004, Scheol ~l'Daorw taXOD ::'''";~;,'a':,~: :,,<
1008, Annual Oimcc;mlnlt<
10<18,
~,
1009. AuartlDHlB AcCCM1dna AdiUl.tmWlI
1100. TIU. Cho",..
1101. S.III> nlldooi I III BeCKLEY & MADDEN
"02. Ab'1tr~Ut ,ean;h '\0 ASAP
1103. TitleeXllmil'latiOM
. ttl)6, Title iMtll'3ftl'.., birtdftr
1105. Oacum8l\1 pre~l'8tion
1106, No fOot
HaT, wf8_
linck.ldiS .-bOll. item nul.1ber&
1108, Title illlU(tnc.loASAP- Stt\warl.Tilfllll GUlllf.' ~ln' (I
inClUdes ~CNI!I' Item oornbers
1109. Lend.,.. cover.gt 138700.00
J.~.l~~.~.~l!f.~l~OO9:~_ . .".. '.u".."."_
T 11 1. EndoraNnBn!1100, 300, 8. , and ~
1112.
1113;, :lcmahotS
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~ "'... o~..... Mono...
~~~Il"'n I:; c::"',...,.....,...,;,'::": ::'1 Iii
1204. Transfer'a
1205. 200:t cOl.lntv~,~,.r~!~.~s. t.-'? D~Ir~, MIlY~, ' ~~ <?_~.I~~l~
1::11)1.;.
1300. AddrtlanaJ SortJemonl CP\il~1
1301. SUN.
13m. OUI lnD oalon to Heme ;nee
1
1304-
1305,
,~("~-.-
1301.
1301.
1400. 'F'.DlII!. ".u~~~N 2~~~S1I"l!.hb!, NlIRIblt.r 'frtlVifefS \G Unvl1~ & 501 ADOY~
-.""
, '-.1Wl1 csfe'wltt reviewed IIIill' HUO.1 &.ulwl'ICllt Sl~Iltf"\lnl and w Ihu ~ ;1 my ~nOl44edg8 anlf Delio'. II iC .1lfl,je.1M o1C:OIiralO :lfartmonl 0' SIr t8C8i~ts &rid
;I1,lilwrHmenIl madlI on my .3I1C4UMI or by me in ~ {(4~tiOrl, I (lol!\fl1h 'OlUI1l) \Il~ I 1l1lYlllliUSnN:llJ a [:IP' a11ne I'1Uo.l :;"'lltllTl"n1 :;lillitllTlef1l
r""lll'It _______..u IcrrOWtlI
months S
!""'!'!,IU
monthl!. I!il Ii
manila ,
OI, 5
monlt1e S
26.33 per month
,'-, .' p~rmonrh
...J!lUlIL.~__
1J.Un ' Det month
or......
Def"monUl
S7~
l~
S 774.20
S1016:OO
s 0.00
, 0.00
.82.19
'SO.OO
. .
.1jJ~.0Il
MOO
ReI ~"
510.'1.0
...
0.00
1400.00
S 0.00
10100..00
757.80
----...-..
IiO,DO
. ....-
5520.'2" -"l1'iin~1I!I
SOIl"
[Jtlrrt'lwl'lr
Ttllhe bIllIl Dlm,kl'lCN'ledD!' If1ctliUD.j SNI!oIn,l'!n1 :;l~wnlt'lll' \ooI'l1(Jllllll~l:' Vlctp.'1lI1l15 UlIIIllnrJ..ccur.... ~CalU"t ~~, nmen. wtTfc:r1...... recelvedond
I'IIrw\ bfI"n or will be dl&bursed ~ the lMders.igned 85 p.1t (,I' Ille NW.,llWflll.Athill \fJl\\l~\O".
_ . ,.....--. Svu!ImllnIA"em elll!l:
~~":~:r~~~17~m_II/H"~'!"'1WllI1l "'" ~'''''1\III1I0l''' ~ II'''~.".W\V...... -.., 1_ hMhiR 1$t>I\~_\>V\... \i'i~"".1m roI1""Cl/I'Onl'111l'l1 f~6'lI"_ T~~ IIIIJ II
. . . ~
FINAL SETTLEMENT
OWNER \ ,JI \\ IG m C~0{2J1JII\J\QY\ F ~fLto Date_ '6'
Address S'~S' \JJ 0(\l).Th ~~, C'OJ! 0 Uj Q Q
c- 11007
Date of Sale" ~\L:._...:-. I....--
Auctioneer J:Jucl._Q eLtJ?
Sale location
Clerk
Other
\) C'/
- l. ) c.....-
Cashier
PROCEEDS OF SALE,
Cash.....
Checks.
...uu....uu uuuu "uu. $~
u""uu""u,,,,''''.u Z 113 q S , LS
Other....
Miscel!aneous (see attached lis1)...
TOTAL PROCEEDS OF SALE."u........."uu...u...u$
LESS SELLER'S SALE EXPENSE,
......u/01)"...". $._~ 13-7. 2D
Auc.1ioneer's Fee
Other Seller's Expens'es
Advanced by Auctioneer:
)
,:)[,0. DD
;) ry '31.x.
,
. ;j~l~V-
- ..~ (\C ~st: ~~\
~\.\l '\ Iv r ",S
010<:'; c\ ,,110 f'\'
~ \\oJ (f\ G~")
--\
Miscellaneous (see attached list) .hmu'n__",'__mn
DEDUCT TOTAL SELLER'S SALE EXPENSE.".....$ L! IoZ 8. S (
TOTAL NET PROCEEDS TO SELlER."u$cf,(\l L/3, Lf (0
I, {or we), 1he seller of goods, merchandise, and/or property sold at public auction on above date and
lociJtion, acknowledge and accept this settlement of proceeds of sale, I (or we) agree to accept all re-
sponsibility for providing merchantable tille to all goods, merchandise, and/or property sold, and for
delivery of lille to Ihe purchaser. (/~ JJ~' C'J
L~j7J~"aJ ~ AJ ~)< ~;~~;" ,;'",,:;~~--~-
-Au"c~;c~-;hier'~ Signature (Seller's Signature)
Fl~J^L SETTLEMENT--ForfTl No, FS-(19. $2.00 per pad. 10 pads at $1.50 each, 20 or more at $1.25 each,
q".nd", f'1/1I1- MIS~;OUf11 AUCTION :iCI/OOl . 1600 Geno~see . Kansas City, MO 64102 . P\lnne 51€. 421/1\7
. . c t'
~M&fBank
July 3, 2002
RE:
Estate Search
The Estate of:
Date of Death (D.O.D.)
To Whom It May Concern:
WILLIAM E CORNMAN
6/1/2002
Identified below is tb.e account information requested.
1. M&T Bank accounts in which the decedent's name appears:
Account Account Number Account Title
Type
CHK
705993
aPENED 9/67
PASSSAV
21000000992801
aPENED 3168
apening Branch
D.a.D. Accrued Interest
Balances
(Includes Accr.
Int.)
$35,839.59 $.00
caRNMAN F AMIL Y
TRUST
WILLIAM E CaRNMAN
TRUSTEE
MIRIAM CaRNMAN
TRUSTEE
CaRNMAN F AMIL Y
TRUST
WILLIAM E CaRNMAN
TRUSTEE
MIRIAM CaRNMAN
TRUSTEE
4334
4319
$15,079.00 $13.ol
2. Loans, Mortgages, or other obligations titled in the decedent's name
Account Number
Amount awed
Account Description
NO. Safe Deposit Box titled in the Decedent's name existed at our office.
If you have any questions about the information provided, please contact our Records Department at (7 I 6) 635-40 to or 1-800-724-
2440 outside of the Buffalo, NY calling area. Thank you.
Sincerely,
M&T BANK CaRPaRATIaN
BY:
eIJ.U~ 1-z.~L~~
Authorized Signature
DATE:
(-> - U'L--
Manufacturers and Traders Trust Company. 1100 Wehrle Drive, Po. Box 767, Buffalo, NY 14240.0767
I?-,?;z-/o:v
"- BUREAU OF INDIVIDUAL TAXES
INHERITANCE TAX DIVISION
DEPT. 280601
HARRISBURG, PA 17128-0601
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
NOTICE OF INHERITANCE TAX
APPRAISEHENT, ALLOWANCE DR DISALLOWANCE
OF DEDUCTIONS AND ASSESSHENT OF TAX
DATE
ESTATE OF
DATE OF DEATH
FILE NUMBER
COUNTY
ACN
04-14-2003
CORNMAN
06-01-2002
21 02-0602
CUMBERLAND
101
JAMES D HUGHES ESQ
IRWIN ETAL
60 W POMFRET ST
CARLISLE PA 17013
'*'
REY-15~7 EX AFP (01-03)
WILLIAM
E
Allount Re..itt.d
) CHANGED
(1)
[2)
(3)
(4)
(5)
(6)
(7)
.00
38.033.60
.00
.00
.00
.00
224.303.59
[8)
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=iS4'-EiCAFP--fiiFo3Y-iiiji'-icE--OF-YriiiE'ifiTANCE-TAirAPpiiiiisEiiEiii"~--AL:rowANcE-i'-ri-----------------
DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX
ESTATE OF CORNMAN WILLIAM E FILE NO. 21 02-0602 ACN 101 DATE 04-14-2003
TAX RETURN WAS: (X) ACCEPTED AS FILED
RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE
APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN
1. Real Estate {Schedule AJ
2. Stocks and Bonds (Schedule BJ
3. Closely Held stock/Partnership Interest (Schedule C)
4. Mortgages/Notes Receivable [Schedule DJ
5. Cash/Bank Deposits/Misc. Parsonal Property (Schedule EJ
6. Jointly Owned Property {Schedule fJ
7. Transfers {Schedule GJ
8. Total Assets
APPROVED DEDUCTIONS AND EXEMPTIONS:
9. Funeral Expenses/Ad... Costs/Misc. Expenses (Schedule H)
10. Debts/Mortgage Liabilities/Liens (Schedule I)
11. Total Deductions
12. Net Value of Tax Return
13. Charitable/Governmental Bequestsj Non-elected 9113 Trusts (Schedule ~)
14. Net Value of Estate Subject to Tax
[9)
(10)
30,284.04
NOTE: To insure proper
credit to your account,
submit the upper portion
of this form with your
tax payment.
262,337.19
30.410 64
231,926.55
.00
231,926.55
NOTE: I~ an assessment was issued previously, lines 14, 15 and/or 16, 17, 18 and 19 will
re~lect ~igures that include the total o~ abb returns assessed to date.
ASSESSMENT OF TAX:
15. Amount of Line 14 at Spousal rate (15)
16. Amount of Line 14 taxable at Lineal/Class A rat. (16)
17. Amount of Line 14 at Sibling rate (17)
18. Amount of Line 14 taxable at Collateral/Class B rate (18)
19. Principal Tex Due
.00 X 00 = .00
231,926.55 X 045 = 10,436.69
.00 X 12 = .00
.00 X 15 = .00
(19)= 10,436.69
126.60
Ill)
(12)
(13)
(14)
TAX CREDITS:
'''YN"N or [0) AHOUNT PAID
DATE NUHBER INTEREST/PEN PAID [-I
08-29-2002 COOO1581 521. 83 10,500.00
TOTAL TAX CREDIT 11,021. 83
BALANCE OF TAX DUE 585.14CR
INTEREST AND PEN. .00
TOTAL DUE 585.14CR
. IF PAID AFTER DATE INDICATED, SEE REVERSE
FOR CALCULATION OF ADDITIONAL INTEREST.
[ IF TOTAL DUE IS LESS THAN $1, NO PAYHENT IS REQUIRED.
IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU HAY BE DUE
A REFUND. SEE REVERSE SIDE OF THIS FORH FOR INSTRUCTIONS.)
STATUS REPORT UNDER RULE 6.12
',)
~K /
:/
Name of Decedent:
WILLIAM E. CORNMAN
Date of Death:
JUNE 1. 2002
No. 21-02-0602
Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following
with respect to completion of the administration ofthe above-captioned estate:
1. State whether administration of the estate is complete: -X- Yes _ No
2. If the 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?
Yes X 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? X Yes No
Date:
7/3/03
and approvals of formal or informal
lerk of Orphan's Court and may be
d. Copies of receipts, releases, joind
accounts may be filed wit e
attached to this r
CXJ
P
<"
CL
WIN, McKNIGHT & HUGHES
James D. Hughes. Esquire
Name (please type or print)
60 West Pomfret Street
Address
Carlisle. PA 17013
City, State, Zip
(717) 249-2353
Telephone Number
'"
I
:5
-,
'"
p
;,.
. .D
~;;
:3u
X
Personal Representative
Counsel for Personal Representative
Capacity:
1'7. "'),:). /;V
~ BUREAU OF INOIVIOUAL TAXES
INHERITANCE TAX DIVISION
DEPT. 280601
HARRISBURG~ PA 17128-0601
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
INHERITANCE TAX
STATEMENT OF ACCOUNT
*'
REV-UD7EX AFP tOl-OS>
'OJ
DATE,
ESTATE OF
DATE OF DEATH
I' II) ~'JFIh~ J:ly"BER
"d' L cllOtlTY '
ACN
05-19-2003
CORNMAN
06-01-2002
21 02-0602
CUMBERLAND
101
WILLIAM
E
JAMES D HUGHES ESQ
IRWIN ETAL
60 W POMFRET ST
CARLISLE PA 17013
Allount Rellitted
\. ,
{-,
'. /1
MAKE CHECK PAYABLE AND REMIT PAYMENT TO:
REGISTER OF WILLS
CUMBERLAND CO COURT HOUSE
CARLISLE, PA 17013
NOTE: To insure proper credit to your account, submit the upper portion of this for.. with your tax payment.
CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~
REv:i61fj-Eif-AFP--fiiFo3y------ii..--iNi.-ERi~.._ANCE-TAic--si'iifiHi-NT-O"-Accoui-if--..ii---------------- - - - --
ESTATE OF CORNMAN WILLIAM E FILE NO. 21 02-0602 ACN 101 DATE 05-19-2003
THIS STATEMENT IS PROVIOEO TO AOVISE OF THE CURRENT STATUS OF THE STATED ACN IN THE NAMED ESTATE. SHDWN BELOW
IS A SUMMARY OF THE PRINCIPAL TAX DUE, APPLICATION OF ALL PAYMENTS, THE CURRENT BALANCE, AND, IF APPLICABLE,
A PROJECTED INTEREST FIGURE.
DATE OF LAST ASSESSMENT OR RECORD ADJUSTMENT: 04-07-2003
PRINCIPAL TAX DUE: '" 10,436.69
PAYMENTS (TAX CREDITS):
PAYMENT RECEIPT DISCOUNT (+) AMOUNT PAID
DATE NUMBER INTEREST/PEN PAID (-)
08-29-2002 CDOO1581 521.83 10,500.00
04-28-2003 REFUND .00 585.14-
TOTAL TAX CREDIT 10,436.69
BALANCE OF TAX DUE .00
INTEREST AND PEN. .00
. IF PAID AFTER THIS DATE, SEE REVERSE TOTAL DUE .00
SIDE FOR CALCULATION OF ADDITIONAL INTEREST.
I IF TDTAL DUE IS LESS THAN $1,
NO PAYMENT IS REQUIRED.
IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CRJ,
YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS. )
"-v /,s-c2.39-:P
BUREAU OF INDIVIDUAL TAXES
INHERITANCE TAX DIVISION
DEPT. Z80601
HARRISBURG, PA 17128-0601
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
NOTICE OF INHERITANCE TAX
APPRAISEMENT, ALLOWANCE OR DISALLOWANCE
OF DEDUCTIONS AND ASSESSMENT DF TAX
JERRY R DUFFIE
301 MARKET ST
PO BOX 109
LEMOYNE
DATE
ESTATE OF
DATE OF DEATH
FILE NUMBER
r COUNTY
ACN
01-28-2003
KIME
04-23-2001
21 01-0602
CUMBERLAND
101
ESQ
*'
REV~1547 EX iFP (Ol-U)
DELMAR
C
Allount R.llitt.d
PA 17043
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 ~
RW=is'4;-Eif-,\i:'p--foFii3Y-riioYicE--OF-i-liiiEifii'AifcE-YA"X-jipPRA-iiiEMErii;"~--Ai:.rOWANCE-ori-----------------
DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX
ESTATE OF KIME DELMAR C FILE NO. 21 01-0602 ACN 101 DATE 01-28-2003
TAX RETURN WAS: (X) ACCEPTED AS FILED
) CMANGED
If an assessment was issued previously, lines 14, 15 and/or 16, 17, 18 and 19 will
reflect figures that include the total of ALL returns assessed to date.
ASSESSMENT OF TAX:
IS. Allount of Line 14 at Spousal rat. (15)
16. Allount of Line 14 taxable at Lineal/Class A rat. (16)
17. Allount of line 14 at Sibling rat. (17)
18. Amount of Line 14 taxable at Collateral/Class B rate (18)
19. Principal Tax Due
TAY EDITS:
I'JI' R.~." "J AMOUNT PAID
DATE NUMBER INTEREST/PEN PAID (-)
07-20-2001 COOOO075 342.11 6,500.00
10-30-2001 CDOO0463 .00 1,227.50
INTEREST IS CHARGED THROUGH 02-12-2003 TOTAL TAX CREDIT 8,069.61
AT THE RATES APPLICABLE AS OUTLINED ON THE BALANCE OF TAX DUE 2,496.02
REVERSE SIDE OF THIS FORM INTEREST AND PEN. 154.70
TOTAL DUE 2,650.72
RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE
APPRAISED VALUE OF RETURN BASED ON: SUPPLEMENTAL RETURN
1. Real Estate (Schedule AJ (1)
2. Stocks and Bonds (Schedule B) (2)
3. Closely Held stock/Partnership Interest (Schedule C) (3)
4. Mortgages/Notes Receivable (Schedule D) (4)
5. Cash/Bank Deposits/Misc. Personal Property (Schedule E) (5)
6. Jointly Owned Property (Schedule F) (6)
7. Transfers (Schedule G) (7)
8. Total Assets
NO. 01
.00
.00
.00
.00
.00
.00
55,467.08
(B)
APPROVED DEDUCTIONS AND EXEMPTIONS:
9. Funeral Expenses/Ad.. Costs/Misc. Expenses (Schedule H) (9)
10. Debts/Mortgage Liabilities/Liens (Schedule I) (10)
11. Total Deductions
12. Net Value of Tax Return
13. Charitable/Governmental Bequests; Non-elected 9113 Trusts (Schedule J)
14. Net Value of Estate Subject to Tax
.00
.00
Ill)
(12)
(13)
1141
NOTE:
40,000.00 X
234,791. 82 X
.00 X
.00 X
. IF PAID AFTER DATE INDICATED, SEE REVERSE
FOR CALCULATION OF ADDITIONAL INTEREST.
NOTE: To insure proper
credit to your account,
submit the upper portion
of this form with your
tax payment.
55,467.08
nn
55,467.08
.00
274,791. 82
00 =
045 =
12 =
15 =
.00
10,565.63
.00
.00
10,565.63
(19)=
I IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED.
IF TOTAL DUE IS REFLECTED AS A "CREDIT" ICR), YOU MAY BE DUE
A REFUND. SEE REVERSE SIDE OF TMIS FDRM FOR INSTRUCTIONS.)
'-...,/ b-;2.!j 9 - P
BUREAU OF INDIVIDUAL TAXES
INHERITANCE TAX DIVISION
DEPT. 280601
HARRIS8URG~ PA 17128-0601
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
INHERITANCE TAX
STATEMENT OF ACCOUNT
*'
REV-IU7EX AFP (Ol-05J
JERRY R DUFFIE
301 MARKET ST
PO BOX 109
LEMOYNE
ESQ
DATE
ESTATE OF
DATE OF DEATH
FILE NUMBER
COUNTY
ACN
01-27-2003
KIME
04-23-2001
21 01-0602
CUMBERLAND
101
DELMAR
C
Allount Rellitted
PA 17043
MAKE CHECK PAYABLE AND REMIT PAYMENT TO:
REGISTER OF WILLS
CUMBERLAND CD COURT HOUSE
CARLISLE, PA 17013
NOTE: To insure proper credit to your account 1 submit the upper portion of this for.. with your tax payment.
CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~
REv=il.ifj-i'if-,\j:'p-foFii3Y------ii..--iilifERITANc'E--YAX-STAYEMENY-ifF"-Accouiff--.-..ii---------------------
ESTATE OF KIME DELMAR C FILE NO.21 01-0602 ACN 101 DATE 01-27-2003
THIS STATEHENT IS PROVIDED TO ADVISE OF THE CURRENT STATUS OF THE STATED ACN IN THE NAHED ESTATE. SHOWN BELOW
IS A SUHHARY OF THE PRINCIPAL TAX DUE, APPLICATION OF ALL PAYHENTS, THE CURRENT BALANCE, AND, IF APPLICABLE,
A PRDJECTED INTEREST FIGURE.
DATE OF LAST ASSESSMENT DR RECORD ADJUSTMENT: 01-28-2003
PRINCIPAL TAX DUE:
10,565.63
PAYMENTS (TAX CREDITS):
PAYMENT RECEIPT DISCOUNT (+) AMOUNT PAID
DATE NUMBER INTEREST/PEN PAID (-)
07-20-2001 CDOOO075 342.11 6,500.00
10-30-2001 CDOO0463 .00 1,227.50
12-20-2002 CDOO1977 .00 1,318.01
12-20-2002 CDOO1978 135.49- 1,318.01
TOTAL TAX CREDIT 10,570.14
BALANCE OF TAX DUE 4.51CR
INTEREST AND PEN. .00
. IF PAID AFTER TNIS DATE, SEE REVERSE TOTAL DUE 4.51CR
SIDE FOR CALCULATION OF ADDITIONAL INTEREST.
( IF TOTAL DUE IS LESS THAN $1,
NO PAYHENT IS REQUIRED.
IF TOTAL DUE IS REFLECTED AS A "CREDIT" ICRJ,
YOU HAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORH FOR INSTRUCTIONS. J
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
55:
Ronald L. CorpIDan_and Tracie Kondek
being duly sworn
Representatives
according to law, deposes and says
_____ of the Estate of
that they
William
are the Personal
E. Cornman
late of __tl1~Boro\lghm()f Carlisl,,_ Cumberland County, Pa., deceased and that the
within is an inventory made by Jl,Qpa),JLL,_l;ornman & Tracie Kon,gek, the said Personal Representatives
of the entire estate of said decedent, consisting of all the personal prop.rty and real estate, except real estate outside
the Commonwealth of Pennsylvania, and that the figures opposite each item of the Inventory represent Ws fair value
as of the date of decedent's death.
Sworn
and subscribed before me,
a~~R (]~
Ronald L. Cornman, Personal Representative
188 Faith Circle
Carlisle, PA 17013
.1 Notarial Seul
la\;Qllc.oj L. .Dr;lWb;t.".g.~h, NO.. td!:Y j-)Ub..H
C;"Jrlis t~ BnfO. Curnh~rland COUl'~Y,
I :Vly <.\m-dlll'iSIO!1 ExpJi~s AU;l. 14, .'I:~~~~
~l~P.i. Penns'ylVar1l3. AsSOc!aMn ci KXQces
~ ~ d..h.-----
Date of Death
01
Tracie Kondek, Personal Representative
61 Strayer Drive
Carlisle, PA 17013
06 2002
Day
Month
Year
INSTRUCTIONS
I. An inventory must be filed within three months after appointment of personal representative.
2. A supplement inventory must be filed within thirty days of discovery of additional a.!sets.
3. Additional sheets may be attached as to personalty or realty
4. See Article IV, Fiduciaries Act of 1949.
"
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.M
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I- W ~ '" ., ~
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0 0 Vl 0 " .,
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t- o.. 0.. . c
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..... I ~ z ~ 0 - S2
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0.. H ... -0
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I - -.: ~ :;:
Ii 0 " '"
-"' -0 .... >--, H
" E
- ~ 0
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-' () u:: ..,
Inventory of the real and personal estate of
WILLIAM E. CORNMAN
deceased
1. 880 Shares Verizon Communications, Inc. - traded on NYSE - Common. . . . .
TOTAL................. .
38,033 60
38,033 60