HomeMy WebLinkAbout04-22-08IN RE:
TRUST UNDER WILL OF
DONNA JEAN KEPHART
A/K/A DONNA J. KEPHART-HOOVER
FOR BENEFIT OF DANA M. GILSDORF
AND A SEPARATE TRUST UNDER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:ORPHANS' COURT DIVISION
NO. ~` ~-c~~~'Uf~`~
WILL OF DONNA JEAN KEPHART c~^^
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A/K/A DONNA J. KEPHART-HOOVER
FOR BENEFIT OF ~`~ c~
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BRANDON M. GILSDORF, A MINOR ' '~
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PETITION FOR APPOINTMENT OF SUCCESSOR TRUSTEE _'=
To the Honorable Judges of Said Court:
1. Petitioner is Kimberly A. Caudill, 15451 Sweetwater Court, Fort Myers, Florida
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33912. Petitioner files this petition in her individual capacity as Executrix under the
will of Donna Jean Kephart a/k/a Donna J. Kephart-Hoover.
2. Donna Jean Kephart a1k/a Donna J. Kephart-Hoover died on December 29, 2006,
leaving her last will and testament duly probated in the office of the Register of Wills
of Cumberland County, Pennsylvania, to file no. 2007-00129. By said probated will,
the late Donna Jean Kephart a/k/a Donna J. Kephart-Hoover directed as follows:
TRUST
If any of my grandchildren who inherit property under the terms of this Will are under the
age of twenty-three (23) years, I appoint my son-in-law, GLENN CAUDILL, as Trustee of the
property that I have given to my grandchildren.
A. The assets that are transferred to the Trust shall be divided into shares commensurate
with the size of the estate to which each grandchild is entitled until such grandchild attains the age
of twenty-three (23).
B. The Trust estate shall be administered until each grandchild reaches the age of twenty-
three (23) years. Until that time, the Trustee shall apply all net income and principal of the Trust
estate as follows:
1) So long as my grandchild is under the age of twenty-three (23)
years of age, the net income of the Trust shall be paid to, or
applied for the benefit of my grandchild at such times and in such
amounts as the Trustee shall in his discretion deem necessary for
his support, welfare, maintenance and education Education shall
be defined broadly to include not only that available in college,
but also trade school and other similar training. In the event that
the income shall be insuffiicient to provide my child with adequate
maintenance, support, welfare or education, the Trustee may
invade the principal of this Trust for this purpose.
2) The Trustee in exercising his discretionary authority with respect
to the payment of income or principal of the Trust Estate to my
beneficiary, shall take into consideration any income or other
resources available to my grandchild from sources outside of this
Trust that may be known to the Trustee. The detemunation of the
Trustee with respect to the necessity of making payments out of
income or principal to my beneficiary shall be conclusive on all
persons howsoever interested in the Trust.
3) The Trustee shall accumulate and add to principal any net income
of the Trust not paid out in accordance with the discretion
hereinabove conferred on the Trustee.
4) In the event my grandchild predeceases me or dies prior to the
termination of this Trust, the interest of my grandchild in the Trust
shall cease, except that, if he is survived by any children, then the
Trustee shall pay net income of the Trust to or apply the same for
the benefits of such children of my deceased grandchild, in such
amount or amounts as the Trustee in his sole discretion may
determine for support, welfare and maintenance.
C. When my child reaches the age of twenty-three (23) years, a calculation of the property
remaining in the Trust shall be made and the total thereof shall be distributed to him or her.
D. My grandchild, as beneficiary of this Trust, shall not have any right to alienate,
encumber, or hypothecate his interest in the principal or income of the Trust in any manner, nor
shall any interest be subject to claims of his creditors or liable to attachment, execution or other
process of law.
E. In order to carry out the purposes of this Trust established by this Will, the Trustee, in
addition to all other powers granted by this Will, or by law, shall havethe following powers over the
Trust estate, subject to any limitation specified elsewhere in this Will:
1) To retain any property received by the Trust estate for as
long as the Trustee considers it advisable.
2) To spend funds for the maintenance and repair of real
property.
3) To sell at public or private sale, exchange or lease for a
period of time, any real or personal property and give
options for sale of the lease.
4) To execute and deliver any deeds, leases, assignments or
other instruments as may be necessary to carry out the
provisions of this Tnist.
5) To borrow money and to mortgage or pledge any real or
personal property.
6) The Trustee shall maintain accurate records and accounts
and shall render statements to my beneficiary hereunder
showing receipts and disbursements of principal and
income no less frequently than annually. The Trustee shall
serve without bond and shall receive fair and reasonable
compensation for administration of this Trust, not to exceed
five (5%) percent of annual income.
7) To distribute property in kind.
8) To do all other acts that are in his judgment necessary or
desirable for the proper management, investment and
distribution of the Tnzst estate.
A true and correct copy of said Last Will and Testament is attached hereto and
incorporated herein by reference as Exhibit "A".
3. Pursuant to said terms of the Last Will and Testament of Donna Jean Kephart a/k/a
Donna J. Kephart-Hoover, a First and Final Account in the estate was filed and on
March 4, 2008, the First and Final Account was confirmed absolutely and distribution
decreed in accordance with the proposed schedule of distribution by court order.
4. Pursuant to the terms of the Last Will and Testament and the First and Final Account
as confirmed by the court, two separate trusts were to be created. One trust was for
the benefit of Dana M. Gilsdorf, age 19, and the other trust was created for the benefit
of Brandon M. Gilsdorf, age 15. Each trust was to remain in effect until the
beneficiary obtained the age of 23.
5. The Trustee nominated by the Testatrix, namely Glenn Caudill, has determined that
he does not want to accept the appointment as Trustee. This determination will be
documented by the Renunciation of Glenn Caudill to his appointment as Trustee
which has been requested and will be submitted to the Court as an Exhibit.
6. The names of all persons having any interest, vested or contingent, in the trust estate
are as follows:
Dana M. Gilsdorf
3780 Towne Crossing, Apartment 303
Kennesaw, GA 30144
Brandon M. Gilsdorf
2130 Bayford Court
Marietta, GA 30064
Robyn Lea Smith
2130 Bayford Court
Marietta, GA 30064
7. Attached hereto and incorporated herein by reference as Exhibit "B" is a copy of
Petitioner's First and Final Account which has been confirmed by the Court as of
March 4, 2008.
8. PNC Bank has agreed to serve as trustee, but at a minimum fee of $2,000.00 a year
for each of the two (2) testamentary trusts.
9. The Probate Estates and Fiduciaries Code empowers the Orphans' Court to appoint a
successor trustee.
10. Petitioner requests that a guardian ad litem be appointed for Brandon M. Gilsdorf, the
minor beneficiary, concerning the within petition and that the costs for the services of
the guardian ad litem be authorized to be paid from the trust to the extent that funds
are available, first from income, and otherwise from principal.
WHEREFORE, Petitioner respectfully requests that this Honorable Court:
To appoint PNC Bank as successor trustee of said trusts, with annual
compensation to be set pursuant to its current fee schedule, having a minimum
annual fee of $2,000.00, said fee to be paid in monthly installments allocated 66%
to principal and 34% to income.
2. To authorize said successor trustee to name co-trustees or successor trustees
without further approval of the Orphans' Court.
3. Appoint a guardian ad litem to represent Brandon M. Gilsdorf, a minor, in this
matter, and to direct that fees for the guardian ad litem be paid from the Brandon
M. Gilsdorf Trust.
Respectfully submitted,
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R. Mark Thomas, Esquire
Attorney No. 41301
101 South Market Street
Mechanicsburg, PA 17055
Attorney for Petitioner
CERTIFICATE OF SERVICE
I, R. Mark Thomas, Esquire, hereby certify that I have served a true and correct copy of
the within document on the following persons by depositing a true and correct copy of the same
in the U.S. Mail at Mechanicsburg, Pennsylvania, First Class Postage pre-paid, addressed to:
Kimberly A. Caudill
15451 Sweetwater Court
Fort Myers, FL 33912
Dana M. Gilsdorf
3780 Towne Crossing
Apartment #303
Kennesaw, GA 30144
Brandon M. Gilsdorf
2130 Bayford Court
Marietta, GA 30064
Robyn Lea Smith
2130 Bayford Court
Marietta, GA 30064
Date: April ~~ , 2008 ~
R. Mark Thomas, Esq.
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LAS"1' WILL ANU'I'CSTAMLN'1'
BL I'h REMEMBERED TI-lAT
1, DONNA .l. I-IUOVER KEPI-IART', a resident of Cumberland County, Pennsylvania, being
of sound and disposing mind, memory and understanding, do make, publish and declare this to be
my LAS"T WILL and TESTAMENT, hereby revolting any and all Wills aid Codicils previously
made by me.
I declare that I am married to FRCD A. KEPHAR`I', SR. Reference is hereby made to the
Prenuptial Agreement dated April 26, 1999. I also declare that I have two daughters, ROBYN LEA
SMITH and KIMBERLY ANN CAUDILL. Reference is made to my daughter ROBYN LLA
SMI7~1-1 to show that it is my intent to leave her out of this Will.
II
I direct that all my just debts and funeral expenses shall be paid from my residuary estate as
soon as practicable alter my decease.
I direct that all taxes that may be assessed in consequence of my death, of whatever nature
and by whatever jurisdiction imposed, shall be paid ii~om my residuary estate as a part of the
expense of the administration of my estate.
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I hereby make the following speci [ic bequests: ~ ~ ' ~.~y
A. To my sister, BOBBIE L. SCI-IWINABART, I give the sum of twenty l~~ousand
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($20,000.00) dollars; and ~,
B. "fo my step-daughter, BRENDA S. STINSON, I give the sum of twenty thousand
($20,000.00) dollars.
Should BOBBIE L. SCI-IWINABARrI' or BRENDA S. S'1'INSON predecease or fail to
survive me by thirty (30) days then their share shall lapse and be added to my residuary estate.
V
1 hereby direct my Executor to divide the remainder of my estate info two (2) equal shares to
be distributed as follows:
A. One (1) share to my daughter, KIMBERLY A. CAUDILL, per stirpes; and
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B. One (1) share to be divided equally between my grandchildren, DANA M.
GILSDORF and BRANDON M. GILSDORI~, pursuant to the lernls of the hereinafter included
Trust.
VI
TRUST
]f I have any grandchildren who inherit property under the teens of this Will who are under
the age of twenty-three (23) years, I appoint my son-in-law, GLCNN CAUDILL as Trustee of the
property that I have given to my grandchildren.
A. The assets that are transferred to the Trust shall be divided into shares commensurate
with the size of the estate to which each grandchild is entitled ulllil such grandchild attains the age
of twenty-three (23) years.
B. The Trust estate shall be administered until each grandchild reaches the age of twenty-
tlu•ee (23) years. Until that tinge, the Trustee shall apply all net iuconle and principal of the "trust
estate as lollows:
1) So long as my grandchild is under the age.of twenty-three (23)
years of age, the net income of the Trust shall be paid to, or
applied for the benefit of my grandchild at such tunes and in such
amounts as the Trustee shall in his discretion deem necessary for
his sLlppol-l, welfare, maintenance and education. l3cfucation shall
be defined broadly to include not only that available in college,
but also trade school and other similar training. hl the event that
the income shall be insufiicienl to provide Iny child with adequate
maintenance, support, welfare or education, the Trustee may
invade the principal of this "I~rust for this purpose.
2) The Trustee in exercising his discretionary authority with respect
to the payment of income or principal of the Trust Lstate to my
beneficiary, shall take into consideration any income or other
resources available to my child from sources outside of this Trust
that may be known to the Trustee. T71e determination of the
Trustee with respect to the. necessity of making payments out of
income or principal to my beneficiary shall be conclusive on all
persons howsoever interested in the Trust.
3) the "Trustee shall accuinLilate and add to principal any net income
of the '}'rust not paid out in accordance with the .discretion
hereinabove conferred on the 'trustee.
4) In the event my grandchild predeceases me or dies prior to the
termination of this Trust, the interest of my grandchild in the Trust
shall cease, except that, if he is survived by any children, then the
"Trustee shall pay net income of the Trust to or apply the same for
the benefits of~ such children of my deceased grandchild, 111 such
an10L1111 Or alnOUntS aS the tl'L1Stee 111 111S SOIe dlSCretl011 Inay
determine for support, welfare and maintenance.
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C. When my grandchild reaches the age of twenty-three (23) years, a calculation of the
property remaining in the Trust shall be made and the total thereof shall be distributed to him or her.
D. My grandchild, as beneliciary of this Trust, shall not have any right to alienate,
encumber, or hypothecate his interest in the principal or income of the Tnist in any manner, nor
shall any interest be subject to claims of his creditors or liable to attachment, execution or other
process of law.
E. In order to carry out the purposes of this Trust established by this Will, the `Trustee, in
addition to all other powers granted by this Will, or by law, shall have the following powers over the
Tn~st estate, subject to any limitation specil7ed elsewhere in this Will:
1) To retain any property received by the Trust estate for as
long as the `trustee considers it advisable.
2) T'o spend funds for the maintenance and repair of real
property.
3) To sell at public or private sale, exchange or lease for a
period of time, any real or personal property and give
options for sale of the lease.
4) To execute and deliver any deeds, leases, assignments or
other instruments as may be necessary to carry out the
provisions of this Trust.
5) To borrow money and to mortgage or pledge any real or
personal property.
6) The Trustee shall maintain accurate records and accounts
and shall render statements to my beneFciary Hereunder
showing receipts and disbursements of principal and
• income no less fi•equenUy than aiuiually. The Trustee shall
sewe without bond and shall receive fair and reasonable
compensation for administration of this `trust, not to exceed
five (5%) percent of annual income.
7) To distribute properly in kind.
8) To do all other acts that are in his judgment necessary or
desirable for the proper management, investment and
distribution of the Trust estate.
VI1
I nominate, constitute and appoint my husband, IjRED A. KEPHART, SR. and my
daughter, KIMI3EIZLY A. CAUll1LL as Co-Executors oC this LAST WILL, to serve without bond.
If either is unable to serve in this capacity, then the other may act alone, to sewe without bond.
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IN WITNCSS WI-IC~RLCOI~, I, ,DONNA J. I-IOOVCR KCPI-IART, have sel my hand to this
LAST WILL this /,~ " clay of J ~ , 2003.
DONNA .I. I-I VCR KCPHART
Signed, sealed, published and declared by the above-named llONNA J. I-IOOVER
KCPI-IART, as and for her Last Will and Testament, in the presence of us, who, at her request and
in her presence, and in the presence of each other, have hereunto subscribed our names as witnesses.
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ACKNOWLCDGI:MCNT
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND
I, DONNA J. HOOVER KEPIIARI', "Testatrix, whose name is signed to the attached or
foregoing instrument, having been duly qualified according to law, do hereby aclaiowledge that I
signed and executed the instrument as my LAST WILL; that I signed it as my free and voluntary act
for the purposes therein expressed.
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DONNA . 1 OVER KEPIIART
Sworn or aflrmed to and acknowledged before me by DONNA J. EIOOVER KEPHART, Testatrix,
this /~ day of ~~ , 2003.
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Notar Public
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AFI~ IDAVIT ~ Notarial Seal public
Notary
COMMONWEAL"TII O1~ PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND
Anne Carmody,
Mechanlcsbury goro, Cumberland County
My Comndsslon Expires Expires Mar. 11, 2006
We, ~ . ~~:c-IL~'~Uv-~-s and ~ ~ tti`"-^~~r- ~.e~ ~ '~~~:-~ ,
the witnesses whose names are signed to the attached or foregoing instrument being duly qualified
according to law, do depose and say that we were present acid saw Testatrix sign and execute the
instrument as her LAST WILL; that DONNA J. I-IOOVER KEPHART signed willingly and that
she executed it as her free and voluntary act for the purposes therein expressed; that each of us in the
hearing and sight of the "Testatrix signed the Will as witnesses; and that to the best of our
knowledge; the Testatrix was at the time 18 years of age or more, of sound mind and under no
constraint or undue influence.
Sworn or affirmed to and ~knowledged before me
this /~ clay of U/~~., , 2003,
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N lacy Public
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Anne Carmody, Notary Public
Mechanlceburg Boro, Cumberland County
My Commission Explrea Expires Mar.11, 2006
FIRST AND FINAL ACCOUNT OF IN THE COURT OF COMMON PLEAS
KIMBERLY A. CAUDILL, EXECUTOR :CUMBERLAND COUNTY, PENNSYLVANIA
OF THE LAST WILL AND TESTAMENT
OF DONNA JEAN KEPHART :ORPHANS' COURT DIVISION
A/K/A DONNA J. KEPHART-HOOVER --
ESTATE NO. 2007-00129
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CUMBERLAND COUNTY, PA ~~
Date of Death: December 29, 2006 , .
Employee's Identification No.: 13-7557890 _
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The Accountant Charges herself as follows: `~~
PRINCIPAL ACCOUNT
REAL ESTATE
2B & 2C West Springville Road $195,000.00
Boiling Springs
pro-rated taxes 278.11
108 Juniper Drive, Mechanicsburg $185,000.00
pro-rated taxes 669.40
TOTAL $380,947.51
PERSONAL ESTATE
12/29/2006 Jewelry $10,000.00
12/29/2006 Sovereign Bank Account $1 5,684.49
Account No. 1681716054
12,29/2006 Sovereign Bank Account $ 860.12
Account No. 1684006131
12/29/2006 Sovereign Bank Account $ 120.02
Account No. 1684010067
12/29/2006 Citizens Bank $ 7,354.14
12/29/2006 Household Furnishings $ 3,115.00
12/29/2006 1995 Cadillac DeVille Sedan $ 3,390.00
12/29/2006 Rolling Green Cemetery Plots $ 500.00
12/29/2006 Cash $ 49.72
12/29/2006 Southern Co. $ 4,081.04
110.50763 shares @ $36.93/share
12/29/2006 Vectren Corp. $ 3,970.13
139.99035 shares @ $28.36/share
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12/29/2006 Washington Mutual $ 10,040.31
288.018 shazes @ $34.86/share
12/29/2006 Growth Fund of America $ 13,063.92
397.442 shares @ $32.87/share
12/29/2006 Amer. Tax Exempt Fund of MD $ 10,529.98
65.257 shares @ $16.07/share
12/29/2006 Bank of America $ 4,347.83
81.24514 shazes @ $53.52/shaze
12/29/2006 Chevron Texaco $ 5,131.52
69.53283 shares @ $73.80/share
12/29/2006 Cap. Income Fund $ 27,923.11
456.932 shazes @ $61.11/shaze
01/03/2007 Final Pension Payment - NEBF $ 77.94
05/22/2007 IBEW $ 336.00
TOTAL
INCOME ACCOUNT
02/13/2007 Rent 2B & 2C Springville $ 3,000.00
02/13/2007 Rent 2C Springville $ 600.00
03/22/2007 Rent 2C Springville $ 600.00
03/26/2007 Southern Co. $ 9.31
111 shares @ $36.85/share
03/26/2007 Vectren Corp. $ (3.09)
141 shares @ $28.135/share
03/26/2007 Washington Mutual $ 210.27
289.401 shares @ $35.42/share
03/26/2007 Growth Fund of America $ 294.05
3 97.442 shares @ $ 3 3.61 /share
03/26/2007 Amer. Tax Exempt Fund of MD $ 73.39
660.235 shares @ $16.06/share
03/26/2007 Bank of America $ (196.58)
81 shazes @ $51.25/share
03/26/2007 Chevron Texaco Corp. $ 56.88
70 shares @ $74.12/shaze
03/26/2007 Cap. Income Fund $ 699.38
460.613 shares @ $62.14/share
04/30/2007 Rent 2B & 2C Springville $ 1,175.00
05/11/2007 Rent 2C Springville $ 575.00
08/01/2007 Sale of Cadillac to Fred $ (2,890.00)
11/05/2007 Sale of Juniper Drive contents $ 1,309.47
$120,575.27
11!30!2047 Insurance Claim (flood damage) $ 747.85
01/31/2008 Inheritance Tax Refund $ 42.11
TOTAL $6,303.04
TOTAL DEBITS $507,825.82
CREDITS
The Accountant claims the following credits:
DEBTS
04/02/2007 Bunton Retail Services $ 148.64
04/02/2007 Bellefonte Emergency Medical $ 32.06
04/03/2007 Sears Credit Cards $ 58.33
04/17/2007 Boscov's $ 131.92
04/17/2007 GEMB - JC Penney $ 38.03
10/05/2007 2006 Federal Income Tax $ 1,782.10
10/05/2007 2006 PA Income Tax $ 2,729.00
TOTAL $4,920.08
ADMINISTRATION EXPENSES
Neil Funeral Home, Inc. $ 7,115.21
Funeral Dinner ~ 184.63
Rolling Green Cemetery (internment of remains) $ 1,175.00
Rolling Green Cemetery (memorial marker) $ 1,626.04
Executrix fee (Kimberly A. Caudill) $18,000.00
Attorney fees (R. Mark Thomas, Esquire) $17,000.00
Probate fees $ 495.00
Tax Return Preparer's fees (Doug Mangle) $ 175.00
Publication -Cumberland County Law Journal $ 75.00
Publication -The Patriot News $ 141.18
Appraisal of personal property -Bricker Auc. $ 100.00
Appraisal of jewelry -Joseph James Jewelers $ 42.40
Repairs to automobile $ 30.20
Reimburse Executrix travel expenses of 2/2007 $ 860.46
Wire fees from Edward Jones $ 11.00
U-Haul (transport household Earn. from estate) $ 1,008.68
Reimburse Executrix travel expenses of 8/2007 $ 1,026.01
Fulton Bank -estate checking account fee $ 64.20
UPS -ship financial records to Florida $ 36.48
Staples -purchase office supplies, boxes, etc. $ 16.96
UPS -overnight delivery of death certificate $ 13.58
Reimburse Executrix and sister for $ 1,529.42
travel expenses of 6/2007
Federal Express -overnight delivery and return $
Hazard insurance -Boiling Springs property $
Repairs -Boiling Springs property $
Final water & sewer bill -Boiling Springs property $
Storm tree removal -Boiling Springs property $
Reimburse Executrix travel expenses of 1012007 $
Rolling Green Cemetery -memorial tree $
2007 real property taxes -Boiling Springs property $
Hazard insurance -Mechanicsburg property $
2007 real property taxes -Mechanicsburg property $
2007 school taxes -Mechanicsburg property $
PPL Electric -Mechanicsburg property $
United Water -Mechanicsburg property $
pork Waste Disposal -Mechanicsburg property $
Interior & exterior cleaning - Mechbg property $
Secco Home Services -Mechanicsburg property $
Zimmerman Plumbing, Heating and A/C - $
Mechanicsburg property
Puroclean of Susquehanna Valley -
Mechanicsburgproperty
Michael Vandrew -Mechanicsburg property
(routine property maintenance)
Pennsylvania Inheritance Tax
Account filing fee
Publication fee of notice
Wayne Myers -Auctioneer
Sewer bill -Mechanicsburg property
$ 19,575.10
$ 300.00
$ 80.00
$ 739.78
$ 300.00
TOTAL $85,500.18
COSTS OF SELLING REAL ESTATE
(2B & 2C West Springville)
ERA - NRT, Inc. (realtor)
Kimberly Realty (realtor)
Wire fees
Transfer tax
Tax certification
Final sewer and water bill
Pro-rated rents
$ 6,040.00
$ 5,825.00
$ 31.00
$ 1,950.00
$ 5.00
$ 168.72
$ 459.96
80.00
445.00
364.41
198.00
3 50.00
696.82
82.00
412.18
743.00
539.68
1,920.57
478.20
75.04
43.50
970.00
69.95
1,575.00
$ 3,275.54
$ 1,460.00
($14,479.68)
PROPOSED SCHEDULE OF DISTRIBUTION
1. Bobbie L. Schwinibart
2. Brenda S. Stinson
3. Kimberly A. Caudill
4. Glenn Caudill, in trust for
Dana M. Gilsdorf
5. Glenn Caudill, in trust for
Brandon M. Gilsdorf
$20,000.00
$20,000.00
$167, 825.06
$83,912.53
$83,912.53
Dated: February 1, 2008 Respectfully submitted,
~2~C~~
R. Mark Thomas, Esquire
Attorney No. 41301
101 South Market Street
Mechanicsburg, PA 17055
Telephone: (717) 796-2100