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Home My WebLink About94-0559 GUARDIANSHIP OF MINOR COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF BRITTANIE A. GEORGE ACCOUNT OF MANUFACTURERS AND TRADERS TRUST COMPANY No. 94-559 PETITt0N'FOR ADJUDICATION I STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.C. Rule 6.9 , A MINOR , GUARDIAN Thisform may be used in all cases involving the Audit of the Account of a Guardian of the Estate of a minor or late minor. If space is insufficient, riders may be attached. INCLUDE ATTACHMENTS AT THE BACK OF THIS FORM. Name of Counsel: Dale F. Shughart, Jr., Esquire Supreme Court J.D. No.:-l q 3 7 !~' . Name of Law Firm: Shughart Law Office Address: Ten West High Street, Carlisle, P A 17013 Telephone: 717-241-4311 Fax: 117-- 'b't I-LfD~1 o .-:i :-,-\ "'.~ r'......._:) c:.::; ,,-'.:::...J -.J N f'v .) C.V I f'--) --l Form OC-04 rev. 10.13.06 \J' Page lof5 T . Estate of BRITT ANIE A. GEORGE , A Minor 5. Written Notice ofthe Audit as required by Pa. O.C. Rules 6.3,6.7 and 6.8 has been or will e given to all parties in interest listed in item 6 below. In addition, notice of any questions requiring adjudication as discussed in item 4 above has been or will be given to all persons affected thereby. A. If Notice has been given, attach a copy of the Notice as well as a list of the names and addresses of the parties receiving such Notice. B. If Notice is yet to be given, a copy of the Notice as well as a list ofthe names and addresses of the parties receiving such Notice shall be submitted at the Audit together with a statement executed by a Petitioner or counsel certifying that such Notice has been given. C. If any such party in interest is not sui juris (e.g., minors or incapacitated persons), Notice of the Audit has been or will be given to the appropriate representative on such party's behalf as required by Pa. O.C. Rule 5.2. 6. List all parties of whom Petitioner(s) haslhave notice or knowledge, having or claiming any interest in the estate, including the minor or late minor's heirs at law. This list shall: A. State each party's relationship to the minor or late minor and the nature of each party's interest(s): Name and Address of Each Party in Interest Relationship and Comments, if any Interest Brittanie A. George Minor who attained 18 years of age 100% 246 West Pomfret Street Carlisle, PA 17013 Mr. and Mrs. John Kyle Grandparents of Brittanie A. 0% 246 West Pomfret Street George Carlisle, PA 17013 Form OC-04 rev. 10.13.06 Page 3 of5 . . Estate of BRITT ANIE A. GEORGE , A Minor B. Identify each party who is not suijuris (e.g., minors or incapacitated persons). For each such party, give date of birth, the name of each Guardian and how each Guardian was appointed. If no Guardian has been appointed, identify the next of kin of such party, giving the name, address and relationship of each. 7. Is the Court being asked to direct the filing ofa Schedule of Distribution? .......................... IZIYes ONo Wherefore, your Petitioner(s) ask(s) that distribution be awarded to the parties entitled and suggest(s) that the distributive shares ofincome and principal (residuary shares being stated in proportions, not amounts) are as follows: A. Income: Proposed Distributee(s) Amount/Proportion Income--Money Market Balance $2,848.32 B. Principal: Proposed Distributee(s) Amount/Proportion Principal--Money Market Balance $239,585.71 Submitted By: (All petitioners must sign. Add additional lines ifnecessary): Trust Company Name of Petitioner: Form OC-04 rev. 10.13.06 Page 4 of5 " Estate of BRITT ANIE A. GEORGE , A Minor Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that he/she she is title Vice President of the above-named name of corporation Manufacturers & Traders Trust Co. and] that the facts set forth in the foregoing Petition for Adjudication / Statement of Proposed Distribution which are within the personal knowledge of the Petitioner are true, and as to facts based on the information of others, the Petitioner, after diligent inquiry, believes them to be true; and that any false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 (relating to unsworn falsification to authorities). ~-~ Sig ture of Petitioner * Corporate petitioners must complete bracketed information. Certification of Counsel The undersigned counsel hereby certifies that the foregoing Petition for Adjudication / Statement of Proposed Distribution is a true and accurate reproduction of the form Petition authorized by the Supreme Court, and that no changes to the form have been made beyond the responses herein. ./ t Form OC-04 rev. 10.13.06 Page 5 of5 '-. \ l"I ---" (' '~. \ \..Y 1J ' 3..1 IN RE: BRITTANIE A. GEORGE, a minor, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 94-551 ORPHANS COURT ORDER OF COURT AND NOW, this ;zr#day of ~C/ ,1994, in consideration of the foregoing Petition it is ordered and decreed as follows: 1. Farmers Trust Company, of Carlisle, Pennsylvania is appointed guardian of the Estate of Brittanie A. George, a minor child. . 2. John A. Kyle and Daree S. Kyle, Administrators of the Estate of Kimberly L. Kyle, deceased, are ordered and directed to distribute to Farmers Trust Company, as guardian of the Estate of Brittanie A. George, the balance of principal and income of the Estate for distribution to Brittanie A. George, a minor. The foregoing transfer may occur based upon an informal accounting between the parties. 3. The tangible personal property of Kimberly L. Kyle, in the total value of $582, shall be held by John A. Kyle and Daree S. Kyle, guardians of the person of Brittanie A. George, for the current and future benefit of the minor. 4. Settlement of the wrongful death and survival claims against Mary Jane Cleary, as recited in the attached Petition be and is hereby approved. ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 94-559 GUARDIAN OF THE ESTATE OF BRITTAN IE A. GEORGE, A MINOR THIRD AND FINAL ACCOUNT OF MANUFACTURERS AND TRADERS TRUST COMPANY, SUCCESSOR IN INTEREST UNDER COURT ORDER DATED JUNE 27, 1994 ACCOUNT STATED FROM JANUARY 31,2006 TO MARCH 1, 2007 SUMMARY & INDEX Paoes PRINCIPAL Receipts Net Gain on Conversions 1 1-6 $ 201,237.38 44,978.33 246,215.71 6,630.00 Less Disbursements 6 Principal Balance Remaining INCOME Receipts Less Disbursements 7 7-8 67,383.13 64,534.81 Income Balance Remaining COMBINED BALANCE REMAINING v I' i \ , $ 239,585.71 2,848.32 $ 242,434.03 _I. I J-" - S~ ;'>J "-) r',,) ,., , C.Ol L:;~} -J -n c,,) N -.J . ,--) - I Cash COMPOSITION OF NET BALANCES Principal Income Money Market Fund PRINCIPAL RECEIPTS Balance as per Second and Partial Account 12/03/06 12/15/06 12/18/06 12/19/06 12/22/06 12/28/06 Long Term Capital Gain MTB Large Cap Value Fund Short Term Capital Gain MTB Large Cap Value Fund Long Term Capital Gain MTB Small Cap Stock Fund Short Term Capital Gain MTB Small Cap Stock Fund Long Term Capital Gain MTB International Equity Fund Short Term Capital Gain MTB International Equity Fund Long Term Capital Gain MTB Large Cap Stock Fund Long Term Capital Gain Boston Co. International Small Cap Fund Short Term Capital Gain Boston Co. International Small Cap Fund Long Term Capital Gain Thompson Plumb Growth Fund Short Term Capital Gain Thompson Plumb Growth Fund Long Term Capital Gain CRM Mid-Cap Value Fund Short Term Capital Gain CRM Mid-Cap Value Fund Long Term Capital Gain Alpine International Real Estate Equity Fund Long Term Capital Gain T. Rowe Price Inst. UC Growth Long Term Capital Gain MTB Income Fund Total Principal Receipts PRINCIPAL CONVERSIONS INTO CASH Gain . . , ' . $ 239,585.71 $ 2,848.32 195,391.36 770.79 175.31 1,285.55 400.32 370.38 923.95 256.87 770.08 15.62 325.87 108.22 175.26 98.98 148.02 18.28 2.52 $ 201,237.38 Balance as per Second and Partial Account 02/28/06 4.824 shs. CRM Mid Cap Value Fund Proceeds Account Value 138.31 110.52 1 27.79 Loss 17,376.17 .' " 03/28/06 7.664 shs. CRM Mid Cap Value Fund Proceeds 222.19 Account Value 175.58 46.61 04/26/06 13.613 shs. MTB International Equity Fund Proceeds 164.31 Account Value 118.07 46.24 05/31/06 11.586 shs. MTB Intermediate Term Bond Fund Proceeds 111.34 Account Value 118.87 7.53 06/02/06 141.891 shs. MTB International Equity Fund Proceeds 1,667.22 Account Value 1,230.63 436.59 06/02/06 44.721 shs. Boston Co. International Small Cap Fund Proceeds 1,085.83 Account Value 669.03 416.80 06/02/06 81.934 shs. MTB Large Cap Value Fund Proceeds 1,004.51 Account Value 690.10 314.41 06/02/06 23.634 shs. CRM Mid Cap Value Fund Proceeds 688.48 Account Value 541.45 147.03 06/02/06 58.434 shs. MTB Small Cap Stock Fund Proceeds 553.96 Account Value 499.90 54.06 06/22/06 489.668 shs. MTB Large Cap Stock Fund Proceeds 3,956.52 Account Value 4,693.29 736.77 06/22/06 13.577 shs. Vanguard Institutional Index Fund Proceeds 1,560.04 Account Value 1,660.74 100.70 2 I' " 3 , . 1 0/30/06 54.07 shs. MTB Intermediate Term Bond Fund Proceeds 528.80 Account Value 554.76 25.96 1 0/30/06 10.003 shs. Alpine International Real Estate Equity Fund Proceeds 374.30 Account Value 321.40 52.90 1 0/30/06 14.418 shs. MTB Short Term Corp. Bond Fund Proceeds 141.15 Account Value 143.17 2.02 11/29/06 2.279 shs. Alpine International Real Estate Equity Fund Proceeds 89.06 Account Value 73.22 15.84 12/27/06 6.209 shs. MTB International Equity Fund Proceeds 77.55 Account Value 53.85 23.70 01/26/07 2.198 shs. Alpine International Real Estate Equity Fund Proceeds 90.88 Account Value 70.62 20.26 02/14/07 174.076 shs. CRM Mid Cap Value Fund Proceeds 5,448.58 Account Value 4,154.07 1,294.51 02/14/07 1963.592 shs. MTB Large Cap Stock Fund Proceeds 17,790.14 Account Value 18,042.38 252.24 02/14/07 1211.456 shs. MTB Large Cap Value Fund Proceeds 16,015.45 Account Value 11,991.65 4,023.80 02114/07 809.223 shs. MTB Small Cap Stock Fund Proceeds 6,077.26 Account Value 6,765.34 688.08 4 .' ,,, 02/14/07 915.104 shs. T. Rowe Price Inst. Large Cap Growth Proceeds 13,662.50 Account Value 12,876.22 786.28 02/14/07 276.373 shs. Thompson Plumb Growth Fund Proceeds 13,503.58 Account Value 11,772.75 1,730.83 02114/07 77 .091 shs. Vanguard Institutional Index Fund Proceeds 10,193.74 Account Value 7,614.21 2,579.53 02/14/07 512.204 shs. Vanguard 500 Index Fund Proceeds 68,240.94 Account Value 30,000.00 38,240.94 02114/07 191.102 shs. Alpine International Real Estate Equity Fund Proceeds 8,221.21 Account Value 6,168.83 2,052.38 02/14/07 2148.455 shs. MTB International Equity Institutional Fund Proceeds 27,843.98 Account Value 21,701.74 6,142.24 02/14/07 320.701 shs. The Boston Co. International Small Cap Fund Proceeds 8,091.29 Account Value 5,408.58 2,682.71 02/14/07 248.758 shs. Evergreen International Bond Fund Proceeds 2,629.37 Account Value 2,628.15 1.22 02114/07 221.643 shs. MTB Income Fund Proceeds 2,141.07 Account Value 2,145.51 4.44 02114/07 381.511 shs. MTB Intermediate Term Bond Fund Proceeds 3,723.55 Account Value 3,851.66 128.11 02114/07 822.755 shs. MTB Short Duration Gov. Bond Fund Proceeds 7,857.31 Account Value 8,054.57 197.26 5 02/14/07 02114/07 521.619 shs. MTB Short Term Corp. Bond Fund Proceeds Account Value 5,106.65 5,146.39 2087.256 shs. MTB PA Muni Bond Fund Proceeds Account Value 21,060.41 20,000.00 Totals Net Gain on Conversions PRINCIPAL DISBURSEMENTS Balance as per Second and Partial Account 03/20/06 Register of Wills, filing Second & Partial Account Reserved: Filing Costs Total Principal Disbursements 02128/06 03/28/06 04/26/06 05/31/06 06/22/06 07/26/06 08/28/06 09/26/06 10/30/06 11/29/06 PRINCIPAL INVESTMENTS 9.959 shs. MTB Intermediate Term Bond Fund 6.526 shs. MTB Intermediate Term Bond Fund 11.631 shs. MTB Intermediate Term Bond Fund 23.983 shs. MTB Large Cap Stock Fund 201.869 shs. Alpine International Real Estate Equity Fund 96.973 shs. MTB International Equity Fund 18.401 shs. Thompson Plumb Growth Fund 84.727 shs. MTB Small Cap Stock Fund 20.223 shs. Boston Co. International Small Cap Fund 39.371 shs. Evergreen International Bond Fund 33.104 shs. MTB Large Cap Value Fund 8.415 shs. CRM Mid Cap Value Fund 8.746 shs. Northeast Investors Trust 3 shs. Goldman Sachs High Yield Fund 1.226 shs. MTB Short Duration Gov. Bond Fund .197 sh. MTB Short Term Corp. Bond Fund 2.327 shs. MTB Small Cap Stock Fund 13.127 shs. MTB Intermediate Term Bond Fund 3.374 shs. MTB Intermediate Term Bond Fund 913.855 shs. T. Rowe Price Inst. UC Growth 541.163 shs. MTB International Equity Fund 246.998 shs. MTB Large Cap Value Fund 221.383 shs. MTB Income Fund 3.645 shs. MTB Intermediate Term Bond Fund 6 1,060.41 64,964.99 .' I" 39.74 19,986.66 $ 44,978.33 $ 5,500.00 130.00 1,000.00 $ 6,630.00 97.40 63.56 112.01 196.90 6,486.05 1,079.31 803.00 758.31 457.25 412.61 389.96 234.61 66.12 23.52 11.60 1.91 20.73 127.73 33.17 12,857.94 6,802.42 3,257.90 2,142.99 35.94 12/05/06 12/15/06 12/18/06 12/19/06 12/22/06 12/28/06 01/26/07 75.507 shs. MTB Large Cap Value Fund 229.996 shs. MTB Small Cap Stock Fund 104.046 shs. MTB International Equity Fund 28.862 shs. MTB Large Cap Stock Fund 32.293 shs. Boston Co. International Small Cap Fund 8.828 shs. Thompson Plumb Growth Fund 9.169 shs. CRM Mid Cap Value Fund 3.713 shs. Alpine International Real Estate Equity Fund 1.249 shs. T. Rowe Price Inst. UC Growth 4.219 shs. MTB Intermediate Term Bond Fund .26 sh. MTB Income Fund 6.726 shs. MTB Intermediate Term Bond Fund INCOME RECEIPTS Balance as per Second and Partial Account 12/18/06 12/19/06 12/22/06 12/28/06 Dividend, Thompson Plumb Growth Fund Dividend, CRM Mid Cap Value Fund Dividend, Alpine International Real Estate Equity Fund Dividend, T. Rowe Price Inst. Large Cap Growth Fund Dividend, MTB International Equity Fund Dividends, MTB Intermediate Term Bond Fund 2/1/06 to 3/1/07 Dividends, MTB Short Duration Government Bond Fund 2/1/06 to 3/1/07 Dividends, Goldman Sachs Hi Hield Fund 211/06 to 1111/06 Dividends, MTB Short Term Corp Bond Fund 2/1/06 to 3/1/07 Dividends, MTB PA Muni Bond Fund 2/1/06 to 3/1/07 Dividends, Northeast Investors Trust 2/16/06 to 8/17/06 Dividends, Evergreen International Bond Fund 3/17/06 to 9/15/06 Dividends, Vanguard Institutional Index Fund 3/20/06 to 12/27/06 Dividends. Vanguard 500 Index Fund 3/20/06 to 12/27/06 Dividends, MTB Large Cap Value Fund 3/30/06 to 12/28/06 Dividends, The Boston Co. International Small Cap Fund 6/30/06 to 12/15/06 Dividends, MTB Large Cap Stock Institutional Fund 9/28/06 to 12/28/06 Dividends, MTB Income Fund 11/1/06 to 3/1/07 Dividends, MTB Prime Money Market Fund 2/1/06 to 3/1/07 Total Income Receipts INCOME DISBURSEMENTS Balance as per Second and Partial Account 02/22/06 06/01/06 09/01/06 Bible Baptist School, registration fee PA Dept. of Revenue, estimated tax PA Dept. of Revenue, estimated tax PA Dept. of Revenue, estimated tax 7 . t ," 946.10 1 ,685.87 1 ,294.33 256.87 785.70 434.09 274.24 148.02 18.28 41.47 2.52 65.44 $ 62,572.92 91.50 32.31 119.62 36.55 269.33 192.35 334.75 81.00 219.48 881.47 62.61 70.94 179.61 1,096.12 120.82 50.55 231.51 30.53 709.16 $ 67,383.13 60,932.93 75.00 77.00 80.00 80.00 12/20/06 PA Dept. of Revenue, estimated tax M& T Bank, trustee fees 2/15/06 to 2/15/07 Total Income Disbursements COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND . . . . , 80.00 3,209.88 $ 64,534.81 MANUFACTURERS AND TRADERS TRUST COMPANY PLENARY GUARDIAN Jane F. Burke, Vice President, Manufacturers and Traders Trust Company, being duly sworn, deposes and says that the foregoing Account, both as to the items of charge and discharge, is just and true to the best of her knowledge and belief. Sworn to and Subscribed before me this ~ day of March 2007. Public COMMONWEALTH OF PENNSYLVANIA NotarlaI Seal Gwendolyn E. Killian, Notary Public Carlisle 8010, Clmberland County My Commission Expires Nov. 22, 2008 Member, Pennsylvania Association Of Notaries 8 . . . . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ORPHANS' COURT DIVISION IN THE ESTATE OF BRITTANIE A. GEORGE, A MINOR SCHEDULE OF PROPOSED DISTRIBUTION Balance for distribution as per First and Final Account filed March 23, 2007 $ 242,434.03 DISTRIBUTION Brittanie A. George Principal Cash Income Cash 239,585.71 2,848.32 $ 242,434.03 STATEMENT OF THE REASONS FOR THE PROPOSED DISTRIBUTION The above distribution is proposed since Brittanie A. George attained eighteen (18) years of age on February 2,2007. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Jane F. Burke, Vice President, being duly sworn according to law, depose and says that the foregoing Account, both as to the items of charge and discharge, are just and true to the best of her knowledge and belief. Sworn to and Subscribed before me this fl..cJay of March 2007. ublic COMMONWEALTH OF PENNSYLVANIA NotarlaI Seal Gwendolyn E. Killian, NoIary Public Carlisle Bora, Cumberlancl County My Commission Expires Nov. 22. 2008 Member, Pennsylvania Association Of Notarle. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNYSLVANIA ORPHANS' COURT DIVISION Docket No: 21-1994-0559 IN RE: THIRD AND FINAL ACCOUNT OF MANUFATURERS AND TRADERS TRUST COMPANY, SUCCESSOR IN INTEREST UNDER COURT ORDER DATED JUNE 27,1994 ACCOUNT STATED FROM JANUARY 31, 2006 TO MARCH 1,2007, GUARDIAN OF BRITTANIE A. GEORGE, A MINOR AND PETITION FOR ADJUDICATION/STATEMENT OF PROPOSED DISTRIBUTION ORDER OF COURT AN NOW, this 24th day of April, 2007, the herein account is confirmed absolutely and distribution is decreed in accordance with the proposed schedule of distribution herewith. APRIL 24, 2007 Confirmation Date (,-, -5. c-.j c) f::f\ _-:? ~1