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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. �1 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 _ - ;7. r , r ur-I • �1 .Yr l t-•19: cr- 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 •- ..!k '' ,4 L".�/I!" ,!. 'n:r r1 �1'~ yl`r� .�1�. '•r'�! - � Y •;•1�.L- �_ .lris,lri; 11 of I • 1 -.r 1 r • -� 1 11 • -• 1111 •1111 •. - - •- 11 1 11 11 BIS_PRING AVENUE 60 VIN ESTREET 62 VINE STREET y ` 04 I ��r f• _ IL I r .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 • -• - " 111 • • ' - -• 1111 • -• - :111 •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) o ,(Darej fCiaiutran) 1.0:02:Jugusda-Street :(&fflel:Addrw) Wilmington,HE 49801. (00,slate-AW (G/aTmonYs cow=/) (Suprei ie<Corin.l D;NaJ (Rtfdnlss)' (feleplinae) rorm.OG=d? .ret:MUM: