HomeMy WebLinkAbout07-24-15 1505610140
REV-1500 �` (°'-'°'
PA Department of Revenue OFFICIAL LIN ONLY
Bureau of Individual Taxes INHERITANCE TAX RETURN County Code Year File Number
PO BOX 280601 2 1 1 2 0 2 7
Harrisburg,PA 17128-0601 RESIDENT DECEDENT
ENTER DECEDENT INFORMATION BELOW
Social Security Number Date of Death MMDDYYYY Date of Birth MMDDYYYY
1 2 1 2 2 0 1 1 0 1 2 7 1 9 5 5
Decedents last Name Suffix Decedent's First Name MI
Z A C H, T H 0 M A S P
(NAppilcable)Enter Surviving Spouse's Information Below
Spouse's Last Name Suffix Spouse's First Name MI
Z A C H D E B R A A
Spouse's Social Security Number
THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
FILL IN APPROPRIATE OVALS BELOW
®
1.Original Return ❑ 2.Supplemental Return ❑ 3.Remainder Return(date of death
prior to 12-13-82)
❑ 4.Limited Estate ❑ 4a.Future Interest Compromise(date of ❑ 5.Federal Estate Tax Return Required
death after 12-12-82)
❑ 6.Decedent Died Testate ❑ 7.Decedent Maintained a Living Trust __ S.Total Number of Safe Deposit Boxes
(Attach Copy of Will) (Attach Copy of Trust)
❑ 9.Litigation Proceeds Received ❑ 10.Spousal Poverty Credit(date of death ❑ 11.Election to tax under Sec.9113(A)
between 12-31.91 and 1-1-95) (Attach Sch.0)
CORRESPONDENT-THIS SECTION MUST BE COMPLETED.ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO:
Name Daytime Telephone Number
D 0 U G LAS G M IL LER 717 249 2353
r--,:p
C=
REMSiER(8_1 ILLS USE 0 M'
n Co
First line of address M
--1
I R W I N S M c K N I G H T P C '
Second line of address
6 0 W E S T P 0 M F R E T S T R E £ T ' �' -� -T,
City or Post Office State ZIP Code DATE FILED f V rn
Cn C-5
C A R L I S L E P A 1 7 0 1 3 - 3 2 c''' 0")
Conreepondeffs a-rrreil address:
Under penalties of paqury,I declare OW t have examined this return,Including accompanying schedules and statements,and to the beat of my knowledge and belief,
It Is true,correct and complete.Deciaretion of preparer other then the personal representative is based on all information of which preparer has any knowledge.
S! TUR OF PERSON RESPONSIBLE FOR FILING RETURN DATE
ADDRESS 0-
63 NE STREET NEWVILLE PA 17241
SIl3NA F PAR THE PRESENTATNE n D TE
ADO
S
60 WES POMFRET STREET CARLISLE PA 17013
PLEASE USE ORIGINAL FORM ONLY
Side 1
1505610140 1SU561014D J \
1505610240
REV-1500 EX
Decedent's Social Security Number
Decedent's Name: THOMAS P- Z A C H
RECAPITULATION
1. Real Estate(Schedule A) . .. . . ... .. . .. . .... . . . .. . ... . . . .. . ... . . . . .. . 1. 0 . 0 0
2. Stocks and Bonds(Schedule B) . . .. . .... . . . . . . . . . . . . .. .. . . . . .. . . . . . . . 2•
3. Closely Held Corporation,Partnership or Sole-Proprietorship(Schedule C) .... . 3.
4. Mortgages.and Notes Receivable(Schedule D) .. .. .. . ... . .. . . . ... . . .. . . . 4.
5. Cash,Bank Deposits and Miscellaneous Personal Property(Schedule E).. . .. . . 5.
6. Jointly Owned Property(Schedule F) ❑ Separate Billing Requested . . . . .. . 6. 1 8 9 0 0 0 . 0 0
7. Inter-Vivos Transfers&Miscellaneous Non-Probate Property 4 6 6 2 . 0 0
(Schedule G) [:] Separate Billing Requested .. . . .. . 7.
8. Total Gross Assets(total Lines 1 through 7) ..... .. . .. . . .. . . .. . . . ... . .. 8. 1 9 3 6 6 2 . 0 0
9. Funeral Expenses and Administrative Costs(Schedule H) .. . . ... . ... . . . . . . . 9. 1 6 1. 8 8 . 4 8
10. Debts of Decedent,Mortgage Liabilities,and Liens Schedule 1 10. 1 9 9 6 8 4 . 7 2
11. Total Deductions(total Lines 9 and 10) .. . . . .. .. .. . . . .... . ... . .. . . . ... 11. 2 1 5 8 7 3 . 2 0
12. Net Value of Estate(Line 8 minus Line 11) ... . .. .. . .. .. .. . . ... . .. . . ... 12. - 2 2 2 1 1 . 2 0
13. Charitable and Governmental Bequests/Sec 9113 Trusts for which
an election to tax has not been made(Schedule J) .. .... . .. .. . .. . ... . . .. 13.
14. Net Value Subject to Tax(Line 12 minus Line 13) .. . .... . . .. . .. . . ... . .. 14. - 2 2 2 1 1 . 2 0
TAX CALCULATION-SEE INSTRUCTIONS FOR APPLICABLE RATES
15. Amount of Line 14 taxable
at the spousal tax rate,or
transfers under Sec.9116
(a)(1.2)X.0 _ 0 . 0 0 15. 0 . 0 0
16. Amount of Line 14 taxable
at lineal rate X.0_ 0 . 0 0 16. 0 . 0 0
17. Amount of Line 14 taxable
at sibling rate X.12 0 . 0 0 17. 0 . 0 0
18. Amount of Line 14 taxable
at collateral rate X.15 0 . 0 0 18. 0 . 0 0
19. TAX DUE . . .. . ... . . .. . . . . .. . .. . . .. . . ... . . . . ... . ... . . . . . . . . . . . . . 19. 0 . 0 0
20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT ❑
• Side 2
1505610240 1505610240
REV-1500 EX Page 3 File Number
Decedent's Complete Address: 21 12 027
DECEDENTS NAME
THOMAS P. ZACH
STREET ADDRESS
63 VINE STREET
CITY STATE ZIP
NEVVVILLE PA 17241
Tax Payments and Credits:
I. Tax Due(Page 2,Line 19) (1) 0.00
2. Credits/Payments
A.Prior Payments
B.Discount
Total Credits(A+B) (2) 0.00
3. Interest
(3)
4. If Line 2 is greater than Line 1+Line 3,enter the difference.This is the OVERPAYMENT.
Fill in oval on Page 2,Line 20 to request a refund. (4) 0.00
5. If line 1+Line 3 is greater than Line 2,enter the difference.This is the TAX DUE. (5) 0.00
Make check payable to: REGISTER OF WILLS, AGENT
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN"X" IN THE APPROPRIATE BLOCKS
1. Did decedent make a transfer and: Yes No
a. retain the use or income of the property transferred; ...................................................................... ❑ X❑
b. retain the right to designate who shall use the property transferred or its income; ............................... ❑ Q
c. retain a reversionary interest;or ................................................................................................ ❑ n
d. receive the promise for life of either payments,benefits or care? ....................................................... ❑ ❑X
2. If death occurred after December 12,1982,did decedent transfer property within one year of death
without receiving adequate consideration? ....................................................................................... ❑ ❑X
3. Did decedent own an"in trust for"or payable-upon-death bank account or security at his or her death? ......... ❑ Q
4. Did decedent own an individual retirement account,annuity or other non-probate property,which
contains a beneficiary designation?.................................................................................................. ❑ X❑
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES,YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN.
For dates of death on or after July 1, 1994,and before Jan. 1, 1995,the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is
3 percent[72 P.S.§9116(a)(1.1)(i)].
For dates of death on or after Jan. 1, 1995,the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0 percent
[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 21 years of age or younger at death to or for the use of a natural parent,an
adoptive parent or a stepparent of the child is 0 percent[72 P.S.§9116(a)(1.2)].
• The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5 percent,except as noted in
72 P.S.§9116(1.2)[72 P.S.§9116(a)(1)].
• The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12 percent[72 P.S.§9116(a)(1.3)].A sibling is defined,under
Section 9102,as an individual who has at least one parent in common with the decedent,whether by blood or adoption.
,l'�v r✓r79'�n'T lvr rv/
pennsylvania SCHEDULE F
DEPARTMENT OF REVENUE JOINTLY-OWNED PROPERTY
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF: FILE NUMBER:
THOMAS P. ZACH 21 12 027
If an asset was made jointly owned within one year of the decedent's date of death,it must be reported on Schedule G.
SURVIVING JOINT TENANT(S)NAME(S) ADDRESS RELATIONSHIP TO DECEDENT
A. DEBRA A. ZACH 63 VINE STREET SPOUSE
NEWVILLE, PA 17241
B.
C.
JOINTLY-OWNED PROPERTY:
LETTER DATE DESCRIPTION OF PROPERTY %OF DATE OF DEATH
ITEM FOR JOINT MADE INCLUDE NAME OF FINANCIAL INSTITUTION AND BANK ACCOUNT NUMBER OR SIMILAR DATE OF DEATH DECEDENTS VALUE OF
NUMBER TENANT JOINT IDENTIFYING NUMBER.ATTACH DEED FOR JOINTLY-HELD REAL ESTATE. VALUE OF ASSET INTEREST DECEDENTS INTEREST
1. A. 12/2001 1548 SPRING ROAD 250,000.00 50. 125,000.00
CARLISLE, PENNSYLVANIA
2010 TAX ASSESSMENT
2. A. 09/1993 63 VINE STREET 128,000.00 50. 64,000.00
NEWVILLE, PENNSYLVANIA
2010 TAX ASSESSMENT
TOTAL(Also enter on Line 6,Recapitulation) $ 189 000.00
If more space is needed,use additional sheets of paper of the same size.
REV-1510 EX+(08-09)
pennsylvania SCHEDULE G
DEPARTMENT OF REVENUE INTER-VIVOS TRANSFERS AND
INHERITANCE TAX RETURN MISC. NON-PROBATE PROPERTY
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
THOMAS P. ZACH 21 12 027
This schedule must be completed and filed if the answer to any of questions 1 through 4 on page three of the REV-1500 is yes.
DESCRIPTION OF PROPERTY
ITEM INCLUDE THE NAME OF THE TRANSFEREE,THEIR RELATIONSHIP TO DECEDENT AND DATE OF DEATH %OFDECD'S EXCLUSION TAXABLE
NUMBER THE DATE OF TRANSFER.ATTACHACOPY OFTHE DEED FOR REAL ESTATE. VALUE OF ASSET INTEREST OFAPPLICABLE) VALUE
1. ZACH FIREARMS TRUST 14,000.00 33.30 4,662.00
TOTAL (Also enter on Line 7,Recapitulation) $ 4,662.00
If rnnra_enara.is naadad -, or lfifi nI chaafs of naoar of fha camp ciza
r'tv-1011 td+tlu-JSP
pennsylvania SCHEDULE H
DEPARTMENT OF REVENUE FUNERAL EXPENSES AND
INHERITANCE TAX RETURN ADMINISTRATIVE COSTS
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
THOMAS P. ZACH 21 12 027
Decedent's debts must be reported on Schedule I.
ITEM
NUMBER DESCRIPTION AMOUNT
A. FUNERAL EXPENSES:
1. EGGER FUNERAL HOME 4,938.48
B. ADMINISTRATIVE COSTS:
1. Personal Representative Commissions:
Name(s)of Personal Representative(s)
Street Address
City State ZIP
Years)Commission Paid:
2, Attorney Fees: IRWIN & McKNIGHT, P.C. 7,250.00
3, Family Exemption:(If decedent's address is not the same as claimant's,attach explanation.) 3,500.00
Claimant DEBRA A. ZACH
Street Address 63 VINE STREET
City NEWVILLE State PA ZIP 17241
Relationship of Claimant to Decedent SPOUSE
4. Probate Fees: REGISTER OF WILLS
5 Accountant Fees:
6. Tax Return PreparerFees: PATRICIA A. ROSEN DALE, CPA 500.00
FINAL FIDUCIARY TAX RETURN
7.
TOTAL(Also enter on Line 9,Recapitulation) $ 16 188.48
If more space is needed,use additional sheets of paper of the same size.
REV-1612 EX+(12-12)
pennsylvania SCHEDULE I
DEPARTMENT OF REVENUE DEBTS OF DECEDENT,
INHERITANCE TAX RETURN MORTGAGE LIABILITIES& LIENS
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
THOMAS P. ZACH 21 12 027
Report debts incurred by the decedent prior to death that remained unpaid at the date of death,including unreimbursed medical expenses.
ITEM VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
1. CITIBANK, N.A. -CLAIM 19,708.67
ACCOUNT NUMBER: 3878
2. M&T BANK-CLAIM 26,475.30
ACCOUNT NUMBER: 9940257117
3. M&T BANK-CLAIM 27,644.28
ACCOUNT NUMBER: 12044436879466001
4. M&T BANK-CLAIM 100,369.82
ACCOUNT NUMBER: 9940009016-109
5. M&T BANK-CLAIM 9,836.80
ACCOUNT NUMBER: 9940009016
6. ELAN FINANCIAL-CLAIM 15,649.85
ACCOUNT NUMBER: 6624
TOTAL(Also enter on Line 10,Recapitulation) $ 199,684..72
If more space is needed, insert additional sheets of the same size.
pennsylvania SCHEDULE J
DEPARTMENT OF REVENUE BENEFICIARIES
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF: FILE NUMBER:
THOMAS P. ZACH 21 12 027
RELATIONSHIP TO DECEDENT AMOUNT OR SHARE
NUMBER NAME AND ADDRESS OF PERSON(S)RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE
I TAXABLE DISTRIBUTIONS [Include outright spousal distributions and transfers under
Sec.9116(a)(1.2).]
1. DEBRA A. ZACH Spousal
63 VINE STREET JOINT PROPERTY& 1/2
NEWVILLE, PA 17241 GUN TRUST
2. SALISA D. BORSUK Lineal
501 STEELTOWN ROAD
NEWVILLE, PA 17241
3. DANIELLE M. GEORGE Lineal
63 VINE STREET
NEWVILLE, PA 17241
4. SHAWN D. ZACH Lineal
63 VINE STREET 1/2 GUN TRUST
NEWVILLE, PA 1724
ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18 OF REV-1500 COVER SHEET,AS APPROPRIATE.
II. NON-TAXABLE DISTRIBUTIONS:
A.SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT TAKEN:
1.
B.CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS:
1.
TOTAL OF PART ll-ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET. $
If more space is needed,use additional sheets of paper of the same size.
1�1r 1 Y:. "rjA - F yi • b a f ` oRING ROAD�.
sT •i °1 f 411' a.('w� r
e.... ..+ate i1L1• * I 1� .iir." � �._ �: I,�,}�ri• y'Yr
�^+• r ''• {. 1557 SP.RIRG RO,r r.
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A.?
• a-� 1 fr��
'( •iF�'�.},a+• ^`�i��4 1553 SPRI,NrG,
1.548 SPRING ROAD 54 0
PIN:29-18-1369-005 !.. 1 .
Deedbock:00249-03412
r• 1r� ,{' + K �' �.:• •r Owner:TACH,DEBRA ACE
Land Use Ccde:374FPropertyType:CS
..t Acreaqe:0.44 a• i
Il Square Feet: ING A . it ,'• .�+, (� 9
n . � .
.Ls:,� taxable Status:1
R
L,�- I�'� r�'rj,./ 1• - ,� 17• -1� 1 14 Clean&Green Status: _-• a. T` f;
r 7l Id ,r '•'r1 -'
•P Land Assessed Value$: 109300
Building Assessed Value$:140700
Total Assessed Value$:250000 T•
{ i _ y .••:'-4 •'+s.• �`'' t ?t+iC °A_: sale Price$:140000 - _
•I,. I _ r_r. , .-.e'' r`Y - t Sale Date:Tue Dec 18 2CO1 r.
.- • 'S .j r c.� y 07:00:00 PN 'g
�,.
Year Built: 5 SPR NG ROAD _
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r�:r� '�,�, ',�;, _ . �, ;� ,{�f •� ,.��, �, �<1•�', Vit""
1 'rTh:Jr. sL:C- '1' •mn.{' 1t�• -5. 1 � 'r . "t i L,rir', !{5�r -�
tt��] -A• l Q VE FILL DRIVE r i 11 i,r'y{_�r • •� ', <•• rr. es1r
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11
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BIS_PRING AVENUE
60 VIN ESTREET
62 VINE STREET y
` 04
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.Pir"-ti � VINESTREET
63 VINE STR[E_T U
..f % 4_: ,' PIN: 29-21-0359-010 U • Iv
QeedUook: 0036N-00193
II
r �p,'1 z I' ��;�(-'� "`'�,�-�„a� ,} c;•,'�� Owner:ZACH,DEBRA ANN
Owner?: REL7
�� �' �. Land Use Code: 1.01
Property Type: R
Acreage: 0.2
Square Feet: 2016
20 CEDTaxable Status:T
�•'r Clean&Green Status:
7J
110" .BIG SPRINGAVEMIJEL "" _ ��.. Land Assessed Value$, 74000
fQ •—.I� Building Assessed Value$: 104000
Total Assessed Vzlue$: 123000 oowa •
Sale Price$: 28000 esIIr
sale Date:Tue Sep 14 1993
• 1 1 1
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• • ' - -• 1111
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•11
0 '0 0
ZACH FIREARMS TRUST
THIS TRUST AGREEMENT is entered into on April 9 , 2011, between Thomas Patrick
Zach, of 63 Vine Street, Newville, PA 17241, as Settlor (the "Settlor"), and Debra Ann
Zach, of 63 Vine Street, Newville, PA 17241, Thomas Patrick Zach, of 63 Vine Street,
Newville, PA 17241, and Shawn Benjamin Zach, of 63 Vine Street, Newville, PA 17241,
as Trustees (the "Trustees" and "initial Trustees").
WITNESSETH:
The Settlor desires to create a trust (hereinafter "Trust") to be held, administered and
distributed in accordance with the provisions of this Trust Agreement. Accordingly, the
Settlor has transferred to the Trustees, and the Trustees acknowledge receipt from the
Settlor of the sum of one dollar in cash. This property, together with any other property
which may hereafter be conveyed to the Trustees subject to the Trust hereby created, shall
be held, administered and distributed by the Trustees, upon the Trust and for the purposes
and uses herein set forth. The Trust initially created by this Trust Agreement shall be
known as the "ZACH FIREARMS TRUST". The address of the Trust, which may change
from time to time without amendment, is 63 Vine Street, Newville, PA 17241 .
IX. IDENTIFICATION
A. The Settlor has named Debra Ann Zach, of 63 Vine Street, Newville, PA 17241
and Shawn Benjamin Zach, of 63 Vine Street, Newville, PA 17241 as
beneficiaries under this Trust Agreement. All references in this Trust Agreement
to the'Settlor's "Remainder Beneficiaries" are to the persons named in this
paragraph.
X. INITIAL REVOCABLE TRUST
A. Distributions. The Trustees shall hold, manage, sell, exchange, invest and
reinvest the Trust property, collect all income and, after deducting such
expenses as are properly payable, shall accumulate and distribute the income
and principal as herein provided. The Trustees shall distribute the income and
principal of the Trust to the Settlor in such amounts as the Settlor may direct.
All Trust net income not otherwise appointed by the Settlor shall be
accumulated and invested. If the Settlor becomes incapacitated, the Trustees
shall distribute such amounts of the income and principal of the Trust for the
comfort, health, support, maintenance or other needs of the Settlor as the
Trustees shall determine, in the Trustees' discretion, to be necessary or
appropriate to maintain the Settlor in accordance with the Settlor's accustomed
� s
standard of living at the time of the execution of this Trust Agreement.
B. Additions Following Death of Settlor. Following the death of the Settlor, and
only with the consent of the Trustees, may the Trustees add to this Trust any
property which was owned by the Settlor and which is received under the
Settlor's Will and any non-probate assets (which shall include, but not be
limited to, any payments from an employee or self-employed benefit plan,
individual retirement account or annuity or any proceeds of any insurance
policy on the life of the Settlor) which are payable to the Trustees hereunder. In
the event any assets received by the Trustees are regulated by the National
Firearms Act, as amended, the Trustees shall make sure the assets are
transferred properly prior to acceptance.
C. Other Payments. After the death of the Settlor, the Trustees shall pay from the
remaining property of the Trust the difference between all taxes which must be
paid by reason of the death of the Settlor and those taxes which would be
payable by reason of the death of the Settlor had such Trust property not been
includable in the gross estate of the Settlor for the purpose of calculating such
taxes. The Trustees, in the Trustees' discretion, may pay from the Trust property
all or any part of the funeral expenses of the Settlor, claims which are legally
enforceable against the estate of the Settlor (including estate and inheritance
taxes) and reasonable expenses of administration of the estate of the Settlor.
The payments made pursuant to this Section shall be made prior to the
distributions provided for in Article II, Section D. The Trustees may make such
payments directly or may pay over the amounts thereof to the duly qualified
executor, personal representative, or administrator of the estate of the Settlor.
Trustees may not distribute assets subject to the National Firearms Act, as
amended, without complying with State and Federal laws. Written statements
by the executor, personal representative, or administrator of the estate of the
Settlor of the sums that may be paid under this Section shall be sufficient
evidence of their amounts, and the Trustees shall be under no duty to confirm
that such payments were applied properly.
D. Transfers. This Trust is likely to own firearms registered under the National
Firearms Act, as amended. Trustee is placed on notice that all National Firearms
Act firearms must be transferred in accordance with the National Firearms Act,
as amended. Currently, Trustee must submit a form to the Bureau of Alcohol,
Tobacco, Firearms, and Explosives to transfer each and every National Firearms
Act firearm. However, because the law or interpretation may change by the
time of administering this trust, Trustee should contact the appropriate licensing
entity or seek out competent legal advice.
E. Removal of Firearms from Pennsylvania. This Trust is likely to own firearms
registered under the National Firearms Act, as amended. Trustee is placed on
notice that any removal, whether temporary or permanent, of National Firearms
t
Act firearms from Pennsylvania must be approved by the Bureau of Alcohol,
Tobacco, Firearms, and Explosives.
F. Distribution of Sale Proceeds Upon Sale of Trust Assets. Distributions of the
proceeds from the sale of separate Trust property shall be accounted and made
to the contributor of such separate property. Distributions of the proceeds of the
sale of jointly owned Trust property shall be made in pro rata shares based on
the personal contributions to the joint Trust property or if such contributions
cannot be determined, then such proceeds shall be distributed in equal shares.
G. Termination. The Trust created by this Article shall terminate nine months after
the death of the Settlor, unless a Remainder Beneficiary is younger than
eighteen years old or the Trustees are unable to transfer the National Firearms
Act firearms to a Remainder Beneficiary in that time period. Since the National
Firearms Act requires an individual to be eighteen years or older to own and
possess firearms registered under the Act, where a Remainder Beneficiary is
under the age of EIGHTEEN at the date of death of the Settlor, the Trust created
by this Article shall terminate nine months after the beneficiary turns
EIGHTEEN. If the National Firearms Act should later be amended through
legislation or through administrative interpretation, this Trust shall not terminate
until the firearms contained in this trust can be lawfully transfered to the
Remainder Beneficiaries. Upon termination, the Trustees shall distribute the
remaining income and principal of this Trust to the Remainder Beneficiaries,
per stirpes.
X1. TRUSTEE NOMINATIONS
A. Removal of Trustees by Settlor. The Settlor may at any time remove any
Trustees of the Trust created under Article 11, with or without cause, and shall
nominate a successor Trustee. The Settlor may nominate a successor corporate
Trustees, or the Settlor may nominate any other individual or individuals as
successor Trustee or Co-Trustees. If the Settlor is not serving as Trustees, the
Settlor may elect at any time to be the sole Trustee or Co-Trustees by notice to
the Trustees. However, prior to the removal of any Trustee, the trust assets that
are in the Trustee's possession and are subject to the NFA must be transferred to
another Trustee. If the location of those assets will change to another state, the
ATF must be updated using a Form 5320.20 and approval of the transfer must
be received prior to removal of any Trustee.
B. Resignation of Trustees. Any Trustee may resign by giving notice to the Settlor.
If the trusteeship of any trust created by this Trust Agreement becomes vacant
for any'reason during the Settlor's lifetime, the power to nominate a successor
shall be exercisable by the Settlor for a period of 60 days or, if the Settlor for
any reason fails to nominate a successor within such period, by the Remainder
Beneficiaries for an additional 30 days. If no successor Trustee has been
rr•
nominated within 90 days of such vacancy or such notice of resignation, then a
appointed by a court of competent jurisdiction.
C. Involuntary Removal. An individual Trustee, other than the Settlor, shall be
treated as having failed to serve or as having ceased to serve as Trustee if such
Trustee refuses to arrange for or submit to a mental status examination
requested by any interested party, the purpose of which is to determine whether
such Trustee should be permitted to continue to serve as Trustee hereunder,
provided that such examinations shall not occur more frequently than once
every two years, and provided further that the cost of such examinations shall
be paid by any trust as to which the Trustee is serving.
D. Expenses and Compensation. Every Trustee shall be reimbursed for the
reasonable costs and expenses incurred in connection with such Trustee's
duties as long as assets subject to the NFA are not required to be sold in order
to provide such compensation (unless consent is obtained from all current
beneficiaries). Every Trustee, except the Settlor, shall be entitled to fair and
reasonable compensation for services rendered by such Trustee in an amount
determined in accordance with the Pennsylvania statutory rate prevailing at
such time, or if no such statutory rate exists, in an amount not exceeding the
customary and prevailing charges for services of a similar character at such
time.
E. Waiver of Bond; Ancillary Trustees. No Trustee acting hereunder shall be
required to give bond or other security in any jurisdiction. If any trust created
by this Trust Agreement contains property located in another state or a foreign
jurisdiction, and the Trustees cannot or choose not to serve under the laws of
such state or foreign jurisdiction, the power to nominate an ancillary Trustee for
such property (as well as any successor ancillary Trustee) shall be exercisable
by the Settlor, or by the Trustees if the Settlor is not living or is not competent to
act. An ancillary Trustee nominated pursuant to this Section may be an
individual or corporate Trustee.
F. "Trustee" Defined. Unless another meaning is clearly indicated or required by
context or circumstances, the term "Trustee" shall mean whatever person or
persons, legally qualified corporation, or both may at the time of reference be
acting as Trustee under this Trust Agreement as a result of the appointment of
the initial Trustees in this Trust Agreement, a change in or addition of Trustees
pursuant to the provisions of this Trust Agreement, or any other process that
results in the appointment or removal of an alternate, additionl, or successor
Trustee or Co-Trustee. Except as otherwise provided in this Trust Agreement, if
two or more Trustees are named or serving hereunder and any one or more, but
not all, decline or cease to serve for any reason, then the remaining Trustee or
Co-Trustees, as the case may be, shall continue to serve in such capacity.
Despite anything in this Trust Agreement to the contrary, whenever Thomas
Patri�U 7��h �� co ,� •* +rT he may act alon in all m pertaining to
the Trust including but not limite and rep cus ees n -
though this Trust Agreement may refer to the "Settlors acting jointly." In all
matters relating to the trust created under this Trust Agreement, the decision of a
majority of the Trustees then serving shall control. Any writing signed by the
persons whose decision shall control shall be valid and effective for all
purposes as if signed by all such Trustees. The duties of a Trustee are not
exercisable by an agent acting under a power of attorney when dealing with
NFA firearms.
G. "Corporate Trustee" Defined. The term "corporate Trustee" shall mean a bank
having trust powers or a trust company having (alone or when combined with
its parent organization and affiliate) capital and surplus in excess of
$10,000,000 (U.S.), and the successor (by merger, consolidation, change of
name or any other form of reorganization, or if such corporate Trustee ever
transfers all of its existing business of serving as a fiduciary to any other bank or
trust company or corporation) bank or trust company to any such corporate
Trustee named herein or serving hereunder. If a bank or trust company is
specifically named herein or was a corporate Trustee when it accepted its
fiduciary position hereunder, it shall not cease to be considered a corporate
Trustee because its capital and surplus presently is or later declines below the
amount stated above. In any instance where a corporate Trustee is required to
be nominated as a successor Trustee.or Co-Trustee in connection with the
removal of any Trustee or Co-Trustee, the instrument of removal shall contain
the acceptance of the corporate Trustee so nominated evidenced on it. If a
corporate Trustee is serving as a Co-Trustee, it shall have exclusive custody of
the properties, books and records of the trust as to which it is serving, but shall
make such properties, books and records available for inspection and copying
by every other Trustee of such trust.
X11.ADMINISTRATIVE PROVISIONS
A. Survivorship. No person shall be deemed to have survived the Settlor if such
person shall die within 90 days after the Settlor's death.
B. Revocation By Settlor. As long as there are no violations of State or Federal
law, including the National Firearms Act, as amended, the Settlor may alter,
amend, revoke or terminate any of the provisions of this Trust Agreement by
notice to the Trustees. Upon the death of the Settlor, this Trust Agreement shall
become irrevocable.
C. Combination of Trusts. After the death of the Settlor, the Trustees, in the
Trustees' discretion, may combine any trust created under this Trust Agreement
with any other trust or trusts if the terms of such trusts are substantially similar, if
such trusts have the same primary beneficiaries, and if such trusts have the
�me inclusi nue Code
of 1986, as amended. The Trustees shall not be obligated to combine such
trusts. If trusts are combined and there are assets from either trust covered by
the National Firearms Act, as amended, this Trust shall be the surviving trust. If
trusts which are combined are to terminate at different times, the combined
trust shall terminate in stages, with a pro rata portion of the combined trust
being distributed to the appropriate beneficiaries when each such trust
terminates. If trusts which are combined are to terminate at the same time but
have different contingent beneficiaries, the remaining property of the combined
trust shall be divided pro rata among the contingent beneficiaries of each trust.
Any such pro rata distributions shall be made in proportion to the value of each
trust at the time such trusts were combined. The Trustees shall retain the right to
distribute items covered by the National firearms Act, as amended, in whole,
and at the Trustees's discretion, and these items shall not be subject to partition.
D. Maximum Duration of Trusts. Notwithstanding anything to the contrary
contained in this Trust Agreement, each trust created under this Trust
Agreement, unless earlier terminated according to the terms of this Trust
Agreement, shall terminate within the time period specified in any applicable
Rule Against Perpetuities; provided, however, that if the Trustee at any time
combines and administers as one trust any trust or trusts created hereunder and
any trust or trusts under any other instrument, such combined trust shall not
continue beyond the date on which either of such trusts would, without regard
to such combination, have been required to expire under the rule against
perpetuities or other applicable law governing the maximum duration of trusts
in Pennsylvania. If any trust(including a combined trust) would, but for the
terms of this Section, continue beyond such date, such trust shall nevertheless at
that time terminate and the remaining property of such trust shall be distributed
as provided in the Article which creates such trust.
XIILTRUSTEE PROVISIONS
A. Limitation of Trustee's Appointment. No prohibited person under federal and/or
state law shall serve as a Trustee.
B. Trustee's Duty to Inform. Each Trustee has a duty to inform all current Trustees,
Settlors, Beneficiaries, and the ATF of any ineligibility under the NFA which
may arise while serving as a Trustee. If any Trustee becomes a prohibited
person under the NFA or Pennsylvania law, such Trustee shall immediately
resign.
C. Safeguarding Property. Each Trustee shall be responsible for storing,
maintaining, insuring, delivering, transporting and controlling possession of
trust property consistent with federal and state law. The Trustee has the duty to
protect the property from the access by individuals who are not authorized
under the NFA and under Pennsylvania law (other than Trustees or Co-Trustees
of this trust).
D. Powers. The Trustees shall have all of the powers conferred Trustees by the
Laws and Codes of Pennsylvania and by any future amendments to the
Pennsylvania Trust Code or any corresponding statute, except for any instance
in which the Laws and Codes of Pennsylvania, as amended, or any such other
statutory provisions may conflict with the express provisions of this Trust
Agreement, in which case the express provisions of this Trust Agreement shall
control. In addition to such powers, the Trustees are specifically authorized:
1. To retain, in the discretion of the Trustees, any property transferred to the
Trustees by the Settlor or any other person, including securities of any
corporate Trustees, without regard to the duty to diversify investments under
the Laws and Codes of Pennsylvania and without liability for any
depreciation or loss occasioned by such retention;
2. To exchange or sell for cash, property or credit, from time to time, publicly
or privately, at such prices, on such terms, times and conditions and by
instruments of such character and with such covenants as the Trustees may
deem proper, all or any part of the assets of the trust as to which the Trustee
is serving, and no vendee or lessee of the Trustees shall be required to look
to the application made by the Trustees of any funds paid to the Trustees;
3. To borrow money from any source (including any Trustees) and to
mortgage, pledge or in any other manner encumber all or any part of the
assets of the trust as to which the Trustee is serving as may be advisable in
the judgment of the Trustees for the advantageous administration of the trust;
4. To invest and reinvest any part of the trust as to which the Trustee is serving
in any kind of property whatsoever, real or personal, whether or not
productive of income and without regard to the proportion that such
property or property of a similar character held may bear to the entire trust
estate; provided, however, that the Settlor may direct the Trustees as to the
investments to be made by the Trustees, and the Trustees shall not be liable
to any person for any losses resulting from following the written direction of
.the Settlor in investing the trust assets;
5. To employ attorneys, accountants, investment managers, specialists and
such other agents as the Trustees shall deem necessary or desirable; to have
the authority to nominate an investment manager or managers to manage all
or any part of the assets of the trust as to which the Trustee is serving, and to
delegate to said manager investment discretion and such nomination shall
include the power to acquire and dispose of such assets; and to charge the
compensation of such attorneys, accountants, investment advisors,
investment managers, specialists and other agents.and any other expenses
against the trust;
6. To buy, sell or register, hold, possess, use, repair, and alter any property
which is permitted by the National Firearms Act, as amended (i.e. Title II
firearms, including but not limited to short barrel rifles and silencers) and
when transferring or registering such property to make proper application as
required by Section 5812 of the National Firearms Act, as amended;
7. To enter into any transaction on behalf of the trust as to which the Trustee is
serving (including loans to beneficiaries for adequate security and adequate
interest) despite the fact that another party to any such transaction may be (i)
a trust of which any Trustees under this instrument are also a Trustee; (ii) an
estate of which any Trustees under this instrument are also an executor,
personal representative, or administrator; (iii) a business or trust controlled
by any Trustees under this instrument or of which any such Trustee, or any
director, officer or employee of any such corporate Trustee, is also a
director, officer or employee; or (iv) the Settlor, any other beneficiary.or any
Trustee under this instrument acting individually;
8. To make, in the discretion of the Trustees, any legal distribution required or
permitted to be made to any beneficiary under this Trust Agreement, in any
of the following ways when such beneficiary is a minor or is incapacitated:
(i) to such beneficiary directly; (ii) to the guardian of such beneficiary's
person or estate; (iii) by utilizing the same, directly and without the
interposition of any.guardian, for the health, support, maintenance, or
education of such beneficiary; (iv) to a person or financial institution serving
as custodian for such beneficiary under a uniform gifts to minors act or a
uniform transfers to minors act of any state; (v) by reimbursing the person
who is actually taking care of such beneficiary (even though such person is
not the legal guardian) for expenditures made by such person for the benefit
of such beneficiary; and NO by managing such distribution as a separate
fund on the beneficiary's behalf, subject to the beneficiary's continuing right
to withdraw the distribution; and the written receipts of the persons
receiving such distributions shall be full and complete acquittances to the
Trustees;
9. To purchase any of the property (including speculative investments) in the
testamentary estate of the Settlor at its fair market value and to retain any
property so acquired without liability for depreciation or loss occasioned by
such purchase and retention. If additional property is so added, it shall be
covered by the provisions hereof including property application as required
by Section 5812 of the National Firearms Act, as amended, to properly
transfer and register certain firearms, the same as if originally included
hereunder. Any property so added shall, before being considered part of the
Trust Estate, be subject to acceptance by the Trustees,-
10.
rustees;10.To lend money to the testamentary estate of the Settlor upon adequate
security and for adequate interest;
11.To invest the assets of the trust as to which the Trustee is serving in any life
insurance policy or policies (including term insurance) on the life of one or
more of the beneficiaries of the trusts, or on the life of any person or persons
in whom one or more of the beneficiaries of the trust have an insurable
interest;
12.To store personal property given to a person who is a minor or who is
incapacitated for later distribution to such person, or to sell such property
and add the proceeds of sale to a trust of which such person is a beneficiary;
13.To make divisions, partitions, or distributions in money or in kind, or partly
in each, whenever required or permitted to divide, partition, or distribute all
or any part of the trust as to which the Trustee is serving, in any equitable
manner at the discretion of the Trustees; and, in making any such divisions,
partitions, or distributions, the judgment of the Trustees in the.selection and
valuation of the assets to be so divided, partitioned, or distributed shall be
binding and conclusive, and the Trustees shall not be liable for any differing
tax consequences to the beneficiaries hereunder;
14.To release, in the discretion of the Trustees, any fiduciary power at any time,
in whole or in part, temporarily or permanently, whenever the Trustees may
deem it advisable, by an instrument in writing executed and acknowledged
by the Trustees;
15.To invest and reinvest all or part of the assets of the trust as to which the
Trustee is serving in any common trust fund of any corporate trustee;
16.To transfer such sums of the property of the Settlor to an individual serving
as agent or attorney-in-fact under a valid power of attorney signed by the
Settlor (or to several individuals serving jointly as agents or attorneys-in-fact
under a valid power of attorney signed by the Settlor) as such agent or
agents may request in order to make gifts, which are specifically authorized
by such power of attorney, on behalf of the Settlor;
17.To select and employ, at the discretion of the Trustees but at the expense of
the trust as to which the Trustee is serving, any person, firm or corporation,
engaged in rendering investment advisory services Qr investment
management services, to furnish professional assistance or management in
connection with making investments, managing securities, or making any
t j
other decisions with respect to the purchase, retention, sale or other
disposition of property or securities belonging to the trust;
18.To employ a bank or trust company located anywhere within the United
States, at the discretion of the Trustees but at the expense of the trust as to
which the Trustee is serving, as custodian or agent; to nominate such bank
or trust company to perform such other ministerial functions as the Trustees
may direct; and
19.Whenever in this Trust Agreement an action is authorized in the discretion
of the Trustees, the term "discretion" shall mean the absolute and
uncontrolled discretion of the Trustees.
E. Accounting. Unless waived, the Trustees shall provide an accounting to each
beneficiary entitled to receive an accounting at least annually, and on
termination of a trust or on change of the Trustees, in the manner required by
the Laws and Codes of Pennsylvania. All properties, books of account and
records of the Trust created under Article II shall be made available for
inspection at all times during normal business hours by the Settlor or by any
person designated by the Settlor.
F. Notice. Any notice required or permitted to be given by or to a Trustee acting
under this Trust Agreement must be given by acknowledged instrument actually
delivered to the person or trustee to whom it is required or permitted to be
given. Any notice required or permitted to be given to a minor or an
incapacitated person shall be given to such minor's parents or guardian or to
such incapacitated person's guardian. If such notice concerns a trusteeship, it
shall state its effective date and shall be given at least 30 days prior to such
effective date, unless such period of notice is waived. Any action permitted to
be taken by a minor or an incapacitated person shall be taken by such minor's
parent or guardian or by such incapacitated person's guardian.
G. Acts of Prior Trustees. Each Trustee shall be relieved of any duty to examine the
acts of any prior Trustee and no court accounting shall be required. Each
successor Trustee or o-Trustee shall be responsible only for those properties
which are actually'delivered to such Trustee. Each successor Trustee, upon
executing an acknowledged acceptance of the trusteeship and upon receipt of
those properties actually delivered to such successor Trustee, shall be vested
with all of the estates, titles, rights, powers, duties, immunities and discretions
granted to the prior trustee.
H. Reliance on Legal Opinion. In acting or declining to act, each Trustee may rely
upon the written opinion of a competent attorney, any facts stated in any
instrument in writing and believed true, or any other evidence deemed
sufficient. Each Trustee shall be saved harmless from any liability for any action
taken, or for the failure to take any action, if done in good faith and without
gross negligence. NOTE: This paragraph only deals with liability to a
beneficiary and in no way deals with criminal viol.ations based upon state or
federal law or civil forfeiture law.
I. Advancement. Every distribution made under this Trust Agreement to a
beneficiary shall be charged as an advancement to that beneficiary. The
aggregate of any advancement to or for the benefit of a beneficiary under this
Trust Agreement shall be added to the value of the Trust upon its distribution
and shall be charged without interest against the share distributable to that
beneficiary.
J. Notice. An action for breach of trust based on matters disclosed in a trust
accounting or other written report of the Trustees may be subject to a 6 month
statute of limitations from the receipt of the trust accounting or other written
report. if you have questions, please consult your attorney.
K. Use of Trust Assets. No Trustee shall be held liable for any diminishment,
decrease, or lessening in the value of a trust asset resulting from the use, transfer
and/or possession of that asset as authorized by this Trust, nor shall any such
use, transfer and/or possession of any trust asset constitute a breach of a
trustee's duty of loyalty, duty to administer the trust, or any other duty, law or
custom whereby the use of a trust asset would impose liability upon a trustee.
XIV.CONTINGENT TRUSTS
A. Applicabilitx. With regard to any property which will pass outright to a
beneficiary upon the death of the Settlor or upon the termination of a trust
created hereunder, if such property is to be distributed to an individual who is
incapacitated (such person is referred to as the "Ward"), such property shall be
held by the Trustees as a separate trust for the benefit of such Ward.
B. Distributions. The Trustees shall utilize such amounts of the income and
principal of the Ward's trust as the Trustees, in the descretion of the Trustees is
desirable from time to time to provide for the Ward's health, support,
maintenance or education, directly and without the interposition of any
guardian. The Trustees may but are not required to liquidate any asset which is
restricted by the National Firearms Act, as amended.
C. Termination. Each trust created by this Article for a Ward who is under age 25
shall terminate when such Ward attains that age. Each trust created by this
Article for a person who is incapacitated shall terminate when the Ward of such
trust, in the discretion of the Trustees, is no longer incapacitated. Upon the
termination of a trust created by this Article, the remaining property of such
trust shall be distributed to the Ward of such trust, but if a Ward dies before the
� r
termination of such Ward's trust, then upon such Ward's death the remaining
property of such trust shall be distributed to such Ward's estate.
XV. MISCELLANEOUS PROVISIONS
A. Additions To Trust. The Settlor, or any other person, may at any time, grant,
transfer or convey, either by inter vivos transfer or by Will, to the Trustees such
additional property as he or she desires to become a part of the Trust hereby
created and, subject to acceptance by the Trustees, such additional property
shall be allocated to the Trust on the basis specified in the instrument by which
such property is transferred, and shall thereafter be held, administered and
distributed by the Trustees in accordance with the provisions of this.Trust
Agreement.
B. Spendthrift Provisions. Each trust created by this Trust Agreement shall be a
spendthrift trust to the fullest extent allowed by law. Prior to the actual receipt
of trust property by any beneficiary, no property (income or principal)
distributable under any trust created by this Trust Agreement shall, voluntarily
or involuntarily, be subject to anticipation or assignment by any beneficiary, or
to attachment by or to the interference or control of any creditor or assignee of
any beneficiary, or be taken or reached by any legal or equitable process in
satisfaction of any debt or liability of any beneficiary, and any attempted
transfer or encumbrance of any interest in such property by any beneficiary
hereunder prior to distribution shall be void.
C. Arbitration of Disputes. It is Settlor's intent that conflicts that may arise among
the Settlor, the Trustees and/or the Beneficiaries during the administration of this
trust be resolved efficiently and at minimum expense. Thus, any of the
following listed disputes shall be submitted to binding arbitration. The
arbitration proceedings shall be pursuant to the laws of Pennsylvania. The
parties shall select one arbitrator. if the parties cannot select an arbitrator within
thirty days of a notice given by one party to another party requesting arbitration,
then the party requesting arbitration shall petition the court for the appointment
of an arbitrator. The arbitrator should be an attorney expert in the field of trust
and estate administration, or should be an expert in state and federal firearms
law and be licensed to practice law in Pennsylvania. Permissible issues for
arbitration shall be limited to the fees and expenses charged by the Trustee or
the fees and any costs of any expert hired by the Trustee or issues pertaining to
appraisals of property'or the sale of trust property or of the costs of the
administration of this trust. The arbitrator shall have no authority to review
matters pertaining to the exercise of discretion by the Trustee regarding the use
and possession of trust property and an arbitrator shall have no authority to
remove a Trustee. The cost of arbitration shilll be shared equally by all parties.
The arbitrator shall have the power to award costs and expenses in favor of a
prevailing party. The award of costs 'may include the prevailing party's share of
arbitration costs. The Trustee shall have no duty to advance any funds for fees
or costs on behalf of or to any beneficiary that, by arbitration or by formal legal
proceeding or by action of counsel, challenges or threatens to challenge the
actions of any Trustee.
D. Jurisdiction.
1. Governing Law. The validity, construction and administration of this
document and any trust hereunder shall be governed by the law of
Pennsylvania.
2. Transfer of situs. The Trustees, at any time and for any reason, may transfer
the place of administration of assets of any trust to any jurisdiction, and from
any transferee jurisdiction to any other jurisdiction. Although no court
approval for such transfer should be necessary, the Trustees may seek court
approval of the transfer if necessary, and the approval of the court is urged.
3. Change of Governing Law. The Trustees may change the governing law
from the jurisdiction designated in subsection I above to any jurisdiction,
and from any transferee jurisdiction to any other jurisdiction; provided that
-a change in place of administration pursuant to subsection 2 shall not result
in a change in the governing law unless specifically directed by The
Trustees. The Trustees may make technical amendments to make any
transferred trust valid and effective under the laws of the transferee
jurisdiction.
E. Notice of Trustee Duties. The Trustees hereunder may have duties and
responsibilities in addition to those described in this Trust Agreement. By
signing this Trust Agreement, the Trustees acknowledge that each Trustee will
obtain legal advice if necessary to answer questions relating to matters
involving this Trust Agreement. The Trustees shall remain familiar with changes
to the National Firearms Act, as amended, on and the effect upon the assets
held in each trust created by this Trust Agreement.
F. Definitions.
1. Prohibited Person. The following list of people, in addition to anyone
prohibited to own a Title 11 weapon under the NFA, as may be amended, the
laws of the State of Pennsylvania, or the laws of the state where the weapons
are being stored, are prohibited as a "prohibited person" from serving as
Trustee of any trust created by this Trust Agreement:
a. Any person who has been convicted in any court of a crime punishable
by imprisonment for a term exceeding one year;
b. Any fugitive from justice;
c. Any unlawful user or any person who is addicted to a controlled
substance;
d. Any person who has been adjudicated as a mental defective or who has
been committed to a mental institution;
e. Any alien who is illegally or unlawfully in the United States;
f. Any person who has been dishonorably discharged from the Armed
Forces;
g. Any person who was a U.S. citizen and has renounced his or her
citizenship;
h. Any person who has been convicted in any court of a crime of domestic
violence; or
i. Any person who is subject to a court order that:
i. was issued after a hearing of which such person received actual
notice and at which such person had an opportunity to participate;
ii. restrains such person from harassing, stalking, or threatening an
intimate partner of such person or child of such intimate partner or
person, or engaging in other conduct that would place an intimate
partner in reasonable fear of bodily injury to the partner or child; and
iii. includes a finding that such person represents a credible threat to the
physical safety of such intimate partner or child; OR by its terms
explicitly prohibits the use, attempted use, or threatened use of
physical force against such intimate partner or child that would
reasonably be expected to cause bodily injury.
2. Incapacitated. A beneficiary (other than the Settlor) shall be deemed
"incapacitated" if the Trustees, in the their absolute and uncontrolled
discretion, determine that such beneficiary lacks the ability, due to a
physical or mental condition, to manage his or her own personal and
financial affairs. The Settlor or a fiduciary shall be deemed "incapacitated" if
and for as long as (i) a court of competent jurisdiction has made a finding to
that effect, (ii) a guardian or conservator of the estate of the Settlor or such
fiduciary's estate or person has been appointed by a court of competent
jurisdiction and is serving as such, or (iii) two physicians (licensed to
practice medicine in the state where the Settlor or fiduciary is domiciled at
the time of the certification, and one of whom shall be board certified in the
specialty most closely associated with the cause of the Settlor's or fiduciary's
incapacity) certify that due to a physical or mental condition the Settlor or
fiduciary lacks the ability to manage his or her own personal .and financial
affairs. An incapacitated Settlor or fiduciary shall be deemed to have
regained capacity if there is a finding to that effect by a court of competent
jurisdiction or if two physicians (with the same qualifications described
above) certify that the Settlor or fiduciary is capable of managing his or her
personal and financial affairs.
3. Descendants. References to "descendant" or "descendants" mean lineal
blood descendants of the first, second or any other degree of the ancestor
designated; provided, however, that such references shall include, with
respect to any provision of this Trust Agreement, descendants who have
been conceived at any specific point in time relevant to such provision and
who thereafter survive birth; and provided, further, an adopted child and
such adopted child's lineal descendants by blood or adoption shall be
considered under this Trust Agreement as lineal blood descendants of the
adopting parent or parents and of anyone who is by blood or adoption a
lineal ancestor of the adopting parent or of either of the adopting parents.
4. Heirs. References to "heirs" are to those persons who would inherit separate
personal property from the person designated under the statutes of descent
and distribution of the State of Pennsylvania, if such person died intestate
and single at such time.
5. Per Stirpes. When a distribution is to be made to a person's descendants
"per stirpes," property shall be divided into as many equal shares as there are
(i) members of the nearest generation of descendants who are then living,
and (ii) deceased members of that generation who leave descendants who
are then living. This division into shares shall begin at the generation
nearest to such person regardless of whether that generation has a l iving
member. Each living member of the nearest generation of descendants with
a member then living shall receive one share, and the share that would have
passed to each deceased member of that generation who leaves descendants
who are then living shall be divided in a similar manner (by reapplying the
preceding rule) among his or her then living descendants. For example, if a
person has deceased children and living children when a distribution is to
be made, the assets will be divided into equal shares at the child level and
distributed per stirpes below that level; however, if the person has no living
children at that time, that equal division will still be made at the child level
and distributed per stirpes below that level. This definition is intended to
override any conflicting or contrary common law definition. In the case of a
distribution which is to be made "per stirpes" in the event of the death of the
Settlor, references in this Section to "then living" or to "living" shall mean
persons who survive the Settlor.
6. National Firearms Act. ("NFA"). Currently codified, as amended, as 26 U.S.
C. ch.53 is an Act of Congress passed in 1934 that, in general, imposes a
statutory excise tax on the manufacture and transfer of all Title II weapons
and mandates the registration of those weapons.
7. Number. Words in the singular number include the plural, and those in the
plural include the singular. References to Settlors, Trustees or Beneficiaries
are to the members of that position collectively or to the survivor of them.
IN WITNESS WHEREOF, the Settlor and the Trustees have hereunto set their hands as of
the date first above written.
Thomas Patrick Zach, Settlor
Debra Ann Zach, Trustee
Thomas Patrick Zach, Trustee
Shawn Benjamin Zach, Trustee
ASSIGNMENT OF PROPERTY TO
ZACH FIREARMS TRUST
Thomas Patrick Zach, of 63 Vine Street, Newville, PA 17241 as Settlor (the "Settlor")
hereby GIVES, GRANTS, CONVEYS, TRANSFERS, ASSIGNS and SETS OVER all firearms
regulated by the National Firearms Act that are part of Settlor's property and estate
whether presently owned or hereafter acquired (regardless of the means by which
acquired), which now and at any time after the date of this instrument are held or
registered in the name of the ZACH FIREARMS TRUST (hereinafter referred to as the
"Property"), to Debra Ann Zach, Thomas Patrick Zach, and Shawn Benjamin Zach Trustees
of the ZACH FIREARMS TRUST, under trust agreement dated April 2011,
(hereinafter referred to as the "Grantee").
In connection with the delivery of this Assignment, the Settlor agrees to execute and
deliver to Grantee any and all conveyance and assignment instruments covering all
properties and interests of the Settlor included herein which may be required by law. This
Assignment is not intended to vary or affect in particular any of the specific conveyance
and assignment instruments which may hereafter be delivered by the Settlor to Grantee,
but is executed for the purpose of completely transferring the Property to Grantee. It is
further understood and agreed that the execution and delivery of any specific conveyance
and assignment instrument, as outlined above, shall not limit the scope or effect of this
Assignment.
The Settlor further affirms and declares that, from and after the date hereof, any and all
properties now or hereafter held by the Settlor shall and will belong to Grantee and not to
the Settlor a-nd, except to the extent of beneficial interest provided to the Settlor under the
terms and provisions of the above described trust agreement (as now written and as the
same may in the future be amended), the Settlor has and shall have no personal interest in
any properties now or hereafter held in the Settlor's name.
This Assignment is intended to be and shall be binding upon each of the Settlor's heirs,
administrators, executors, personal representatives, and assigns and shall be revocable
only by written instrument executed by Grantee with all of the same formalities as
accompanied the execution of this instrument. This declaration is intended to revoke all
prior declarations of ownership, if any, with respect to any and all properties governed by
this declaration.
If the transfer of ownership of any Property is restricted or prohibited by contract, by
law, or otherwise, the transfer will be effective only when such contractual restriction or
law is modified or is no longer applicable. For example, this conditional and restrictive
transfer would apply to those properties which involve such legal and tax matters as an "S
Corporation" election, transfer of a registered firearm as required by the National Firearms
Act, deeds of trust containing "due on sale" clauses, an interest in a qualified plan, an
individual retirement account, homestead property, limited partnership interests, income
in respect of a decedent, mineral interests and like interests where the law or contract in a
particular situation would not permit an outright transfer.
IN WITNESS WHEREOF, the Settlor and the Trustee have hereunto set their hands on
the day and year first above written.
Thomas Patrick Zach, Settlor
Debra Ann Zach, Trustee
Thomas Patrick Zach, Trustee
Shawn Benjamin Zach, Trustee'
CERTIFICATION OF TRUST
ZACH FIREARMS TRUST
1. Trust Name and Date. The following trust (referred to herein as the "Trust") is the
subject of this Certification of Trust:
A. The "ZACH FIREARMS TRUST', dated April 0 , 2011
B. The Trust currently exists and is in full force and effect.
2. Settlor and Trustee.
A. The settlor (referred to herein as the "Settlor") of the Trust is Thomas Patrick
Zach.
B. The Trust is currently being managed by the following trustees (referred to
herein as the "Trustees"): Debra Ann Zach, Thomas Patrick Zach, and Shawn
Benjamin Zach.
3. Powers of Trustees. The Trustees of the Trust are authorized to acquire, sell,
convey, encumber, lease, borrow, manage, and otherwise deal with interests in
real and personal property in the name of the Trust. All powers of the Trustees are
fully set forth in the trust agreement which created the Trust.
4. Revocability. The Settlor may alter, amend, revoke or terminate the Trust. The
Trust has not been revoked, and there have been no amendments limiting the
powers of the Trustees over the property of the Trust.
5. Signature Authority of Multiple Trustees. When multiple trustees are serving as
co-trustees of the Trust, the decision of a majority of the co-trustees shall control in
order to exercise powers of the trustee.
6. Manner In Which Title Should Be Taken. The full legal name of the Trust for
purposes of transferring assets into the Trust, holding title of assets, and conducting
business for and on behalf of the Trust, is "The Zach Firearms Trust, by Debra Ann
Zach, Thomas Patrick Zach, and Shawn Benjamin Zach, Trustees"
7. Personal Nature of Trust. The Trust provisions are not attached to this Certification
of Trust because they are of a personal nature and because they set forth the
distribution of Trust property. They do not modify the powers of the Trustees. The
signatory of this Certification of Trust are currently the acting Trustees of the Trust
and declares that the foregoing statements are true and correct, under penalty of
perjury.
8. Validity of Copies of This Certification of Trust. A copy of this Certification of
Trust shall be just as valid as the original.
IN WITNESS WHEREOF, the Settlor and the Trustees have hereunto set their hands on
Apri 1 8, 2011
Thomas Patrick Zach, Settlor
kA-
Debra Ann Zach, Trustee
Thomas Patrick Zach, Trustee
Shawn Benjamin Zach, Trustee
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
Onthis April 9 2011, before me a Notary Public for the Commonwealth of
Pennsylvania, the undersigned Officer, personally appeared Thomas Patrick Zach, known
to me (or satisfactorily proven) to be the person whose name is subscribed to the within
document, and acknowledged that he executed the same as Settlor for the purposes
therein contained, and desires the same might be recorded as such.
I hereunto set my hand and official seal.
le, ........
hb`fa"ry Public
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Andrew Shoemaker,Notary Public
Newville Borough,Cumberland County
My Commission Expires January 10.2015
COMMONWEALTH OF PENNSYLVANIA :
: SS
COUNTY OF CUMBERLAND
On this April , 2011, before me a Notary Public for the Commonwealth of
Pennsylvania, the undersigned Officer, personally appeared Debra Ann Zach, Thomas
Patrick Zach, and Shawn Benjamin Zach, known to me (or satisfactorily proven) to be the
persons whose names are subscribed to the within document, and acknowledged that they
executed the same for the purposes therein contained as Trustees, and desire the same
might be recorded as such.
I hereunto set my hand and official seal.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Andrew Shoemaker, Notary Public
Nowville Borough,Cumberland County
My Commission Explres January 10,2015
U.S.DeS14404 OMB No. 1140-0014 (10/31/2007)
par' of Justice tment
Bureau of Alcohol,Tobacco,Firearms and Explosives Application for Tax Paid Transfer and
(Customer:Thomas ZACH) Registration of Firearm
ATF Control Number Submit In Duplicate to:
2a. Transferee's Name and Address (Including tradename, if any) (See instruction 2) National Firearms Act Branch
Bureau of Alcohol,Tobacco, Firearms
Zach Firearms Trust and Explosives, P.O. Box530298
63 Vine Street Atiant?.
Newvifle, PA 17241 2b. County 1. Ce Typ a)
Cumberland Sut a check
3a. Transferor's Name and Address (including trade name, if any) (Executors: see instruction 2k) or r priate
am' ureau of
Ale, nd
David Spiwak Ex 'this
603 E. 4th Street apff iire,
Bloomsburg, PA 17815 affil
3b. Transferor's Telephone "W t for
Number and Area Code You. ind 3.)
(570)389-1222 3d. Nu fuw;atretit,(;hy,State and Zip
3c. If Applicable: Decedent's Name,Address,and Date of Death Code of Residence (or Firearms
Business Promises)if Different
N/A N/A
The above-named and undersigned transferor hereby makes application as required by Section 5812 of the National Firearms Act to transfer and register the
firearm described below to the transferee.
4. Description of Firearm (Complete items a through h) d. Model HR4332
a. Name and Address of Manufacturer and/or Importer b. Type of Firearm c. Caliber,
of Firearm (See instruction 1c) Gauge Length le. Of Barrel: I. Overall:
or Size (Inches)
Group Industries (specify). - 1 7.75 141
215 Steely Drive .45ACP g. Serial Number
Louisville, KY 40214 Machinegun .22/9mm 103821
h. Additional Description or Data Appearing on Firearm (Attach additional sheet if necessary)
N/A
5. Transferee's Federal Firearms License (if any) 6. Transferee's Special (Occupational) Tax Status (If any)
(Give complete 15-digit number) (See instruction 2b) a. Employer Identification Number b. Class
First 6 digits 2 digits 2 digits 5 digits
N/A NA NA N/A N/A N/A
7. Transferor's Federal Firearms License (If any) 8. Transferor's Special (Occupational) Tax Status (it any)
(Give complete 15-digit number) (See instruction 2b) a. Employer Identification Number b. Class
First 6 digits 2 digits 1 2 digits 5 digits
823037 01 1 F 1 10480 23-2915273 3
Under Penalties of Perjury, I Declare that I have examined this application, and to the best of my knowledge and belief it is true,correct and complete,and that the
transfer of the described firearm to the transferee and receipt and possession of it by the transferee are not prohibited by the provisions of Chapter 44,Title 18, United States
Code; Chapter 53, Title 26, United States Code; or Title Vil of the Omnibus Crime Control and Safe Streets Act, as amended; or any provisions of State or focal law.
8. Consent to Disclosure of Information to Transferee (See instruction 8) I I}a o Not (Circle one)Authorize ATF to Provide Information Relating
to this Application to the Above-Named Transferee.
_fO— (W Signature of ansferor authorized official) 11. Name and Title of Authorized Official 12, Date
;� (Print or type) Ron Schutt, Manager 17-May-11
I� -
?Me Space Be r ow is for the use of the Bureau of Alcohol,Tobacco, Firearms and Explosives
By apthority of the Director,This Application has been Examined,and the Transfer and Registration of the Stamp Denomination
Fir rm Described herein and the Interstate Movement of that Firearm, when Applicable,to the Transferee are:
Approved (with the,following conditions, if any) Disapproved (For the following reasons)
Signature of Authorized ATF Official Date
JUL
ATF Form 4(5320.4)
Revised November 2004
(Mailed:05/1712011) (pg.68-#14)
Transferee Information
The following questions must be answered by any transferee who is not a Federal firearms licensee or government agency. The transferee shall give full details on a separate sheet
for all'YES"answers. (See instruction 2d)
13. Are You: Yes No 14. Have You: Yes No
a. Charged by information or under indictment in any court for a. Been convicted in any court of a crime for which the
a crime punishable by imprisonment for a term exceeding ✓ judge could have imprisoned you for more than one ✓
one year? year,even if the judge actually gave you a shorter
b. A fugitive from justice? ✓ sentence?
c. An alien who is illegally or unlawfully in the United States? ✓ b. Been discharged from the armed forces under dishonorable ✓
d. Under 21 years of age? ✓ conditions?,..
e. An unlawful user of or addicted to,marijuana,or any depres- c. Been adjudicated mentally defective or been committed
sant,stimulant,or narcotic drug,or any other controlled sub- ✓
to a mental institution? ✓
stance? d. Renounced your United States citizenship? ✓
f. Subject to a court order restraining you from harassing, e. Been convicted in any court of a misdemeanor crime of domestic
stalking or threatening an intimate partner or child of such violence? This includes any misdemeanor conviction involving the
partner? ✓ use or attempted use of physical force committed by a current or ✓
former spouse,parent,or guardian of the victim,or by a person with
a similar relationship with the victim.
15. Transferee's Certification (See instruction 2e) 16. Photograph
Thomas Zach,Trustee have a reasonable necessity to
(Name ofTransferee)
possess the machinegun,short-barreled rifle,short-barreled shotgun,or destructive device described on this
application for the following reason(s)
Investment and Personal Collection
and my possession of the device or weapon would be consistent with public safety(18 U.S.C. 922(b)(4)and 2
CFR 478.98).
UNDER PENALTIES OF PERJURY,I declare that I have examined this application and the documents submitted in
support thereof,and to the best of my knowledge and belief it is true,correct and complete.
(Signature of Transferee)
(Date)
17. Law Enforcement Certification (See instruction 2e)
1 certify that I am the chief law enforcement officer of the organization named below having jurisdiction in the area of residence of
.Thomas Zach,Trustee .I have no information indicating that the transferee will use the firearm or device
(Name of Transferee)
described on this application for other than lawful purposes. I have no information that the receipt or possession of the firearm or device described in item 4
would be place the transferee in violation of State or local law.
(Signature and Title of Chief Law Enforcement Officer) (Date)
(Organization and StreetAddress)
(County) (Telephone Number)
Important Information for Currently Registered Firearms
-if'thirregistration document-evidences the current-regislration-ofihe-firearm-descdbed on-it;please note the-following information:
Estate Procedures: For procedures regarding the transfer of firearms in an estate resulting from the death of the registrant identified in item 2a, the executor should contact
the NFA Branch, Bureau of Alcohol,Tobacco, Firearms and Explosives,Washington, DC 20226.
Change of Address: Unless currently licensed under the Gun Control Act,the registrant shall notify the NFA Branch, Bureau of Alcohol,Tobacco,Firearms and Explosives,
Washington, DC 20226,in writing,of any change to the address in Item 2a.
Change of Description:The registrant shall notify the NFA Branch, Bureau of Alcohol,Tobacco, Firearms and Explosives,Washington, DC 20226, in writing, of any change
to the description of the firearm in Item 4.
Interstate Movement: If the firearm identified in item 4 is a machinegun, short-barreled rifle,short-barreled shotgun, or destructive device,the registrant may be required by
18 U.S.C.§922(a)(4)to obtain permission from ATF prior to any transportation in interstate or foreign commerce.
Restrictions on Possession: Any restriction (see approval block on face of form)on the possession of the firearm identified in item 4 continues with the further transfer of
the firearm.
Persons Prohibited from Possessing Firearms: If the registrant becomes prohibited by 18 U.S.C.§922 from possessing a firearm, the registrant shall notify the NFA
Branch, Bureau of Alcohol,Tobacco, Firearms and Explosives,Washington, DC 20226,in writing, immediately upon becoming prohibited for guidance on the disposal of the
firearm.
Proof of Registration: This approved application is the registrant's proof of registration and it shall be made available to any ATF officer upon request.
ATF Form 4(5320.4)
Revised November 2004
15 Big Spring Avenue
NEWALLE, PENNSYLVANIA 17241
F.CHARLES EGGER, Supervisor 717-M—'U14 FRANK C. EGGER, Funeral Director
January 5,.2012
Funeral bill for Thomas Zach
Date of service December'17,2011
Professional services cremation and viewing $4,475.00
10 dea#h cerkfticates$6 00 a piece "$6t3 00 _
Sentinel Obituary $73.48
Minister $50.00
Urn $280.00
1ata1 $4,938.48 . E}i
; X13
N' I
J,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ESTATE OF
-THOMAS P ZACH Deceased No. 21-12-0027 _ of 2012
To
0 i2-
To the Clerk of the Orphans'Court:
Enter the claim of Citibank NA Acct. xxxxxxxxxxxx3878
In the amount of $19,708.67 against the above entitled estate.
The decedent,who resided at 63 VINESTREET NEWVILLE PA 17241
died on 12-12-2011 Written notice of said claim was given
to DEBRA ANN ZACH if known to claimant, at
(Personal Representative or counsel)
63 VINE ST,, NEWVILLE, PA 17241 on
A,rxil -2pQ_
(Date)
(91aJoiant)
LI-11
Address: P.O. Box 1370
Reynoldsburg Ohio 43068
Claimant's Counsel
Address
In The Matter Of PROOF OF CLAIM
FILE Number#21-12-0027
Thomas P Zach
(Deceased)
TO:Register of Wills Cumberland County:
1. I,the undersigned,am a Collections Manager of Manufacturers and Traders Trust Company,doing business as M&T BANK
(hereinafter the "BANK"�a New York banking corporation with a principal place of business located at One M&T Plaza,Buffalo,
New York 14203. I am duly authorized to submit this claim for the Bank which is based upon my personal knowledge and/or upon
records kept in the ordinary course of the Bank's business.
2. The decedent is indebted to the Bank in the amount set forth in paragraph 3 below. The amount claimed is correct as of the
date of indicated below all appropriate payments or other credits. There are no set-offs or counterclaims. This claim is free from any
charge forbidden by applicable law and excludes all unmatured interest.
3. The sum owing to the Bank as of the date indicated below$26,475.30(adjusted)
4.The nature of the debt is the following. (Check item(s)applicable)
( X ) (1) Note or agreement payable to Bank,signed by decedent.
( ) (2) Note or agreement payable to third party now owned by Bank.
( ) (3) Revolving loan or line of credit(for example,Visa Agreement,commercial line of credit,Heq Line of Credit).
( ) (4) Amount owing under Equipment Lease Obligation.
( ) (5) Guaranty by decedent of debt of another.
( ) (6) Judgment.
( ) (7) Other(specify on reverse side).
5. Supplementary information:
(1) Date of note/agreement/guaranty/Judgment March 4,2003
(2) Bank account or file number:9940257117
(3) The per diem per day is$3.73
6.The bank requests all notices and/or dividends to be sent to the following address: ,
Manufacturers and Traders Trust Company
Attention:Denise Morrison
1100 Wehrle Drive
Special Services,Ground Floor
Williamsville,NY 14221
Manufacturers and Traders Trust Company
Dated May 4 2012 B� :y
A�iAPiny
BanTdng Officer
1100 Wehrle Drive
'Special Services Supervisor,Ground Floor
Subscribe and sworn to before me :)iA iam yi%W 14221
This If day of May 2012 �°' p 4 pp
aft%
otary Public: 15
STATE OF PENNSYLVANIA
County of Cumberland
In The Matter Of: PROOF OF CLAIM
FILE Number#21-12-0027
Thomas P Zach
(Deceased)
TO:Register of Wills Cumberland County:
1. 1,the undersigned,am a Collections Manager of Manufacturers and Traders Trust Company,doing business as M&T BANK
(hereinafter the "BANK"), a New York banking corporation with a principal place of business located at One M&T Plaza, Buffalo,
New York 14203. I am duly authorized to submit this claim for the Bank which is based upon my personal knowledge and/or upon
records kept in the ordinary course of the Bank's business.
2. The decedent is indebted to the Bank in the amount set forth in paragraph 3 below. The amount claimed is correct as of the
date of indicated below all appropriate payments or other credits. There are no set-offs or counterclaims. This claim is free from any
charge forbidden by applicable law and excludes all unmatured interest.
3. The sum owing to the Bank as of the date indicated,below$27,644.28(adjusted)
4.The nature of the debt is the following: (Check item(s)applicable.)
( ) (1) Note or agreement payable to Bank,signed by decedent.
( ) (2) Note or agreement payable to third party now owned by Bank.
( X ) (3 ) Revolving loan or line of credit(for example,Visa Agreement, commercial line of credit,Heq Line of Credit).
( ) (4) Amount owing under Equipment Lease Obligation.
( ) (5) Guaranty by decedent of debt of another.
( ) (6) Judgment.
( ) (7) Other(specify on reverse side).
5. Supplementary information:
(1) Date of note/agreement/guaranty/Judgment February 17,2005
(2) Bank account or file number: 12044436879466001
(3) The per diem per day is$10.87
6.The bank requests all notices and/or dividends to.be sent to the following address:
Manufacturers and Traders Trust Company
Attention:Denise Morrison
1100 Wehrle Drive
Special Services,Ground Floor
Williamsville,NY 14221
Manufacturers and Traders Trust Company
Dated May.4,2012 By: 0_1�?l
Am Pe
Banking Officer
1100 Wehrle Drive
Special Services Supervisor,Ground Floor
Subscribe and sworn to before me Williamsville,NY 14221
This C f day of May 2012
Noti)s4y ptiblic,S, to of Nein►York
otary Public Hyp,01i'406131.G&n
Quafiaied hi Erie County � ?
a 1'A 1 D Vr rni,4r4J I1:vAJV lA
County of Cumberland
In The Matter Of PROOF OF CLAIM
FILE Number#21-12-0027
Thomas P Zach
(Deceased)
TO:Register of Wills Cumberland County:
1. 1,the undersigned,am a Collections Manager of Manufacturers and Traders Trust Company,doing business as M&T BANK
(hereinafter the "BANK"), a New York banking corporation with a principal place of business located at One M&T Plaza,Buffalo,
New York 14203. 1 am duly authorized to submit this claim for the Bank which is based upon my personal knowledge and/or upon
records kept in the ordinary course of the Bank's business.
2. The decedent is indebted to the Bank in the amount.set forth in paragraph 3 below. The amount claimed is correct as of the
date of indicated below all appropriate payments or other credits. There are no set-offs or counterclaims. This claim is free from any
charge forbidden by applicable law and excludes all unmatured interest.
3. The sum owing to the Bank as of the date indicated below$100,369.82(adjusted)
4.The nature of the debt is the following: (Check item(s)applicable.)
( X ) (1) Note or agreement payable to Bank,signed by decedent.
( ) (2) Note or agreement payable to third party now owned by Bank.
( ) (3)'Revolving loan or line of credit(for example,Visa Agreement,commercial line of credit,Heq Line of Credit).
( ) (4) Amount owing under Equipment Lease Obligation.
( ) (5) Guaranty by decedent of debt of another.
( ) (6) Judgment.
( ) (7) Other(specify on reverse side).
5. Supplementary information:
(1) Date of note/agreement/guaranty/Judgment June 28,2005
(2) Bank account or file number.9940009016-109
(3) The per diem per day is$19.20
6.The bank requests all notices and/or dividends to be sent to the following address:
Manufacturers and Traders Trust Company..
Attention:Denise Morrison
1100 Wehrle Drive
Special Services,Ground Floor
Williamsville,NY 14221
Manufacturers and Traders Trust Company
. Dated May 4,2012 By;
Am Pe
Banking Officer
1100 Wehrle Drive
Special Services Supervisor,Ground Floor
Subscribe and sworn to before me Williamsville,NY 14221
This y day of May 2012 _
� /� ,� .�/�; ,��`-. ,.•. - ....:'�of?�`<n,�rt..��f;�
-- otary Public
STATE OF PENNSYLVANIA
County of Cumberland
In The Matter Of PROOF OF CLAIM
FILE Number#21-12-0027
Thomas P Zach
(Deceased)
TO:Register of Wills Cumberland County:
1. I,the undersigned,am a Collections Manager of Manufacturers and Traders Trust Company,doing business as M&T BANK
(hereinafter the "BANK"), a New York banking corporation with a principal place of business located at One M&T Plaza, Buffalo,
New York 14203. 1 am duly authorized to submit this claim for the Bank which is based upon my personal knowledge and/or upon
records kept in the ordinary course of the Bank's business.
2. The decedent is indebted to the Bank in the amount set forth in paragraph_!below_The amount claimed is correct as of the
date of indicated below all appropriate payments or other credits. There are no set-offs or counterclaims. This claim is free from any
charge forbidden by applicable law and excludes all unmatured interest.
3. The sum owing to the Bank as of the date indicated below$9,836.80(adjusted)
4.The nature of the debt is the following: (Check item(s)applicable.)
( X ) (1) Note or agreement payable to Bank,signed by decedent.
( ) (2) Note or agreement payable to third party now owned by Bank.
( ) (3) Revolving loan or line of credit(for example,Visa Agreement,commercial line of credit,Heq Line of Credit).
( ) (4) Amount owing under Equipment Lease Obligation.
( ) (5) Guaranty by decedent of debt of another.
( ) (6) Judgment.
( ) (7) Other(specify on reverse side).
5. Supplementary information:
(1) Date of note/agreement/guaranty/Judgment October 2,1998
(2) Bank account or file number:9940009016
(3) The per diem per day is$1.43
6.The bank requests all notices and/or dividends to be sent to the following address:
Manufacturers and Traders Trust Company
Attention:Denise Morrison
1100 Wehrle Drive
Special Services,Ground Floor
Williamsville,NY 14221
Manufacturers and Traders Trust.Company
Dated May 4,2012 By: -�
Amy teq
B cer
1100 Wehrle Drive
Special Services Supervisor,Ground Floor
Subscribe and sworn to before me Williamsville,NY 14221
This 7 day of May 2012
otary Public1;-
NOTICE.0F,CLAIM. -
(Filed Pursuant.to:2A'V. C.S. §<3532)
t0V-RT`OF:COMMON PLEAS OP
CUMBERLAND MUNT'Y,..F>✓IMI'LVaT11A
THOMAS ZAC11
ESTATE COI" DECEASED
No_ 2`1;12-27
To the Clork.of the Orphans' Coun D vision'.
Eitter'the claim of Phillips,s'c.:Cohea mociate. td.-owbehalf of Elan Financial in the
(�tamiaer)
amounubf S. 15;649:85: ;:s sin t the above entitled Estate:
The Decedent:who resided at NEWVILLE FA 17241-1'322.
(Streer Addren)=
died on 121121201.1 Wrift nrstice_of
0.
to.ojFedrJi)
said4.4im was:givea to Steven R. Snyder.Esq.&Debra A Lach
(1'ersar+Al ReiesenttrtiLe or lus9ies counsel)_
at 155 S.Hanover St Carlisle PA 17013 163 Vine St New ville PA I7241
n
0511.012 012 [Adrj�ess)
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:(&fflel:Addrw)
Wilmington,HE 49801.
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rorm.OG=d? .ret:MUM: