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Home My WebLink About07-25-08IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA ORPHANS' COURT DIVISION FILE NO. 21-07-0637 ESTATE OF JEAN D. GLADFELTER, DECEASED -------------------------------------- -------------------------------------- FIRST AND FINAL ACCOUNT OF M & T BANK, SUCCESSOR TO DAUPHIN DEPOSIT BANK & TRUST COMPANY, EXECUTOR Date of Death; Date of Executor's Appointment: Date of First Complete Advertisement: June 4, 2007 July 6, 2007 The Sentinel: Cumberland Law Journal: Accounting for the period: G as1~3~~e~ July 16, 23 & 30, 2007 July 20, 27 and August 3, 2007 June 4, 2007 to July 23, 2008 Purpose of Account: The Executor offers this Account to acquaint interested parties with the transactions that have occurred during the Administration. It is important that the Account be carefully examined. Requests for additional information, questions or objections can be discussed with: Jennifer A. Leib Vice President Manufacturers and Traders Trust Company 13 Baltimore Street Hanover, PA 17331 (717) 630-4544 Or John D. Flinchbaugh, Esquire CGA Law Firm 135 N. George St. York, PA 17401 (717) 848-4900 n "' -- n -, ~ ~_, - ~ ~~ ~ - - - ",. _ ,~~ ~ _ ' . L'~ ,,• ~, ~, _ c,~ . ~ , ' C.,1 - 1 - SUMMARY OF ACCOUNT I?RINCIPAL Receipts Net Gain on Sales or Disposition Less Disbursements: Funeral Expenses Legal Fees Debts of Decedent Federal State & Local Taxes Administration - Misc. Exp. Balance before Distributions Distributions to Beneficiaries Principal Balance on Hand For Information: Changes in Holdings PAGES 3-4 $ 251,431.08 5 .00 $ 251,431.08 6 $ 4,220.84 6 521.00 6 44,999.05 7 30,347.20 7-9 24,290.36 -104,378.45 $ 147,052.63 10 -33,720.00 11 $ 113,332.63 12 INCOME Receipts Less Disbursements Balance before Distributions Income Balance on Hand COMBINED BALANCE ON HAND Proposed Principal Distributions Proposed Income Distributions Verification 13 $ 3,491.74 14 -209.70 $ 3,282.04 15 $ 3,282.04 $ 116,614.67 ------------------ ------------------ 16 17 18 - 2 - PRINCIPAL RECEIPTS Assets Listed in Inventory (Valued as of Date of Death) Real Estate Real Estate Located at 31 Westfields Drive, Mechanicsburg, Cumberland County, PA 17050 - Actual Net Sale Proceeds per Attached HUD-1 Settlement Sheet $ 175,994.04 Personal Effects Rowe's Auction Service - Appraisal of Decedent's Personal Property - Including Automobile 33,720.00 Certificates of Deposit $5,330.52 Sovereign Bank Certificate of Deposit #1685539866 - Balance as of Date of Death 5,330.52 Interest accrued to 06/04/07 3.23 $ 215,047.79 Sovereign Bank Checking Account #2731703008 - Balance as of Date of Death 3,517.38 AARP - Long Term Care Policy Refund 94.12 Encompass Insurance - Refund of Auto Insurance 495.00 Highmark Freedom Blues - Health Insurance Refund 81.46 Rowe's Auction Service - Actual Net Proceeds from Sale of Tangible Personal Property of Decedent (Not Included on Appraisal 356.85 $ 219,592.60 FORWARD $ 219,592.60 - 3 - PRINCIPAL RECEIPTS (cont'd) FORWARD $ 219,592.60 ,SUBSEQUENT RECEIPTS CASH: ()8/31/07 Received from Jean D. Gladfelter Trust under Agreement - Reimbursement of PA Inheritance Tax $ 23,838.48 08/31/07 Received from Jean D. Gladfelter Trust under Agreement - Reimbursement of Estate Expenses 7,000.00 1.1/06/07 Addition to Account - Transferred from Trust Real Estate Escrow Account - Deposit on Sale of Real Estate 1,000.00 31,838.48 TOTAL PRINCIPAL RECEIPTS $ 251,431.08 ------------------ ------------------ - 4 - PRINCIPAL GAINS OR LOSSES ON SALES OR OTHER DISPOSITIONS 07/24/07 $5,330.52 Sovereign Bank Certificate of Deposit #1685539866 Net Proceeds 5,330.52 Acquisition Value 5,330.52 11/16/07 Real Estate Located at 31 Westfields Drive, Mechanicsburg, Cumberland County, PA 17050 Net Proceeds 175,994.04 Acquisition Value 175,994.04 TOTALS NET GAIN TRANSFERRED TO SUMMARY GAIN LOSS $ .00 $ .00 $ 0.00 --------------- --------------- - 5 - DISBURSEMENTS OF PRINCIPAL, FUNERAL EXPENSES Cocklin Funeral Home, Inc. 07/24/07 Funeral Expense LEGAL FETES CGA Law Firm, PC 08/27/07 Reimbursement of Filing Fees and Expenses 05/15/08 Reimbursement of Filing Fees and Expenses DEBTS OF' DECEDENT Credit Card Services - Fulton Bank VISA 07/19/07 Balance Due John and Jean Gerschefski 05/02/08 Loan Repayment - Replacement of the Home Equity Loan with Sovereign Bank L~ubisa M. Stankovic, MD 08/14/07 Medical Expense Pennsylvania Dept of Revenue 04/14/08 2007 Individual Income Tax - Balance Due $ 385.00 $ 4,220.84 $ 136.00 521.00 825.03 Sovereign Bank Checking Account #2731703008 07/27/07 Outstanding Check #8144 Dated 5/26/07 $ 50.00 07/27/07 Outstanding Check #8147 Dated 5/30/07 18.00 07/27/07 Outstanding Debit - Home Service Payment 9.16 07/27/07 Outstanding Debit - PP&L Payment 60.86 Wavne L. Gladfelter 05/02/08 Loan Repayment - Replacement of the Home Equity Loan with Sovereign Bank FORWARD 22,000.00 15.00 21.00 138.02 22,000.00 4,220.84 521.00 44,999.05 $ 49,740.89 - 6 - DISBURSEMENTS OF PRINCIPAL (cont'd) FORWARD FEDERAL STATE & LOCAL TAXES Cumberland County Register of Wills, Anent 09/04/0"7 Pennsylvania Inheritance Tax Payment $ 30,000.00 06/20/0£3 Refund of Pennsylvania Inheritance Overpayment -1,209.01 28,790.99 Debra Basehore Wiest, Tax Collector 08/08/07 School Real Estate Tax 1,556.21 ADMINISTRATION - MISC. EXPENSES CGA Law Firm, PC 09/20/07 Reimbursement for Cost of Advertising and Proof of Publication in the Sentinel 150.64 Debra Basehore Wiest, Tax Collector 08/08/07 Tax Certification Fee 5.00 House Doctors 09/28/07 Repair Downspout at 31 Westfield Drive, Mechanicsburg, PA 105.00 Lawnscape , Inc. 07/31/07 Lawn Care Expense $ 489.10 08/14/07 Lawn Care Expense 108.50 09110/07 Lawn Care Expense 86.80 10/25/07 Lawn Care Expense 65.10 01/30/08 Lawn Care Expense - Final Bill 87.05 836.55 Marsh Advantage America 10/25/07 Liability/Property Insurance Premium $ 802.00 12/04/07 Refund of Liability/Property Insurance Premium -183.00 FORWARD 619.00 $ 49,740.89 30,347.20 $ 1,716.19 $ 80,088.09 - 7 - DISBURSEMENTS OF PRINCIPAL (cont'd) FORWARD $ 1,716.19 $ ADMINIS'PRATION - MISC. EXPENSES (cont'd) Mark Heckman Real Estate Appraisers 08/13/0'1 Appraisal Fee - 31 Westfields Drive, Mechanicsburg, PA 350.00 Manufact=urers and Traders Trust Company 05/05/08 Reimbursement of Transfer Auto Title Fee $ 5.00 05/15/08 Auto Title Messenger Fee 1.00 6.00 PPL Electric Utilities 07/26/07 Electricity Expense $ 61.29 08/14/07 Electricity Expense 45.45 09/11/07 Electricity Expense 43.80 10/16/07 Electricity Expense 27.54 11/13107 Electricity Expense 27.45 11/27/07 Electricity Expense 18.67 224.20 Penn Waste, Inc. 07/26/07 Trash and Recycling Expense $ 41.85 08/13/07 Trash and Recycling Expense 10.00 09/27/07 Trash and Recycling Expense 44.35 12/03/07 Reimbursement for Trash and Recycling Expenses -23.87 72.33 Rowe's Auction Service 08/14/07 Appraisal Fee - Personal Property Appraisal 165.00 Sovereign Bank 11/01/07 Home Equity Line of Credit - Lien Satisfaction Fee 27.00 Silver Springs Township Authority 08/14/07 Sewer Expense $ 85.70 08/20/07 Sewer Expense 85.70 171.40 FORWARD $ 2,732.12 $ 80,088.09 80,088.09 - 8 - DISBURSEMENTS OF PRINCIPAL (cont'd) FORWARD $ ADMINISTRATION - MISC. EXPENSES (cont'd) T-Mobil= 07/19/0'7 Telephone Expense United Water Pennsylvania 07/26/0"1 Water Expense 08/01/07 Water Expense 08/14/0"7 Water Expense 12/13/07 Water Expense Verizon 07/19107 Telephone Expense Virgin Noss 11/06/07 Excess Liability Claim for Water Damage to Mrs. Noss's Property RESERVES: CGA Law Firm - Attorney Fee Manufacturers and Traders Trust Company - Executor Fee Fiduciary Income Tax Cumberland County Register of Wills - Filing Fee TOTAL DISBURSEMENTS OF PRINCIPAL S 18.80 24.24 43.04 5.59 $ 9,775.38 9,711.86 500.00 2,732.12 $ 80,088.09 57.25 91.67 67.61 1,029.47 325.00 20,312.24 24,290.36 $ 104,378.45 --------------- --------------- - 9 - DISTRIBUTIONS OF PRINCIPAL TO BENEFICIARIES Elizabeth Gladfelter 1/3 Share of Personal Property - Distributed in Kind Jean Gerschefski 1/3 Share of Personal Property - Distributed in Kind Wayne Gladfelter 1/3 Share of Personal Property - Distributed in Kind TOTAL DISTRIBUTIONS OF PRINCIPAL TO BENEFICIARIES $ 11,240.00 11,240.00 11,240.00 $ 33,720.00 --------------- --------------- - 10 - PRINCIPAL BALANCE ON HAND FIDUCIARY VALUE AT ACQUISITION 07/23/2008 VALUE CASH (AUTOMATICALLY INVESTED) $ 113,332.63 $ 113,332.63 TOTAL PRINCIPAL BALANCE ON HAND $ 113,332.63 $ 113,332.63 THE ABOVE CASH IS CURRENTLY INVESTED IN MTB Money Market-Inst I Fund #420 - 11 - CHANGES IN PRINCIPAL HOLDINGS ACCOUNT VALUE Personal Property - Including Automobile 0 Inventoried $ 33,720.00 0 Distributed in Kind -11,240.00 0 $ 22,480.00 0 Distributed in Kind -11,240.00 0 $ 11,240.00 0 Distributed in Kind -11,240.00 0 $ ----- ----- 0.00 ------------- ------------- Real Estate Located at 31 Westfields Drive, Mechanicsburg, Cumberland County, PA 17050 0 Inventoried $ 175,994.04 11/16/07 Sold -175,994.04 0 $ 0.00 Sovereign Bank Certificate of Deposit #1685539866 $5,330.52 Inventoried $ 5,330.52 0'7/24/07 $5,330.52 Sold -5,330.52 $0.00 $ 0.00 - 12 - RECEIPTS OF INCOME MTB Money Market-Inst I-Fund #420 08/01/07 Interest $ 3.69 09/05/07 Interest 8.38 10/01/07 Interest 14.12 11/01/07 Interest 1.93 12/03/07 Interest 333.43 01/02/08 Interest 662.33 C2/O1/08 Interest 639.69 C3/03/O8 Interest 514.36 C4/O1/08 Interest 431.79 05/01/08 Interest 357.38 06/02/08 Interest 252.99 07/01/08 Interest 240.07 $ 3,460.16 Sovereign Bank Certificate of Deposit #1685539866 06/24/07 Interest accrued to Date of Death $ -3.23 07/24/07 Interest $5,330.52 34.32 31.09 Sovereign Bank Checking Account #2731703008 07/27/07 Interest 07/27/07 Final Interest $ 0.30 0.19 .49 TOTAL RECEIPTS OF INCOME $ 3,491.74 --------------- --------------- - 13 - DISBURSEMENTS OF INCOME Manufac=urers and Traders Trust Company 08/06/0'7 Commission 09/06/0'1 Commission 10/09/07 Commission 11106/07 Commission 12/06/07 Commission 01/07/08 Commission 02/06/08 Commission 03/06/08 Commission 04/07/08 Commission 05/06/08 Commission 06/06!08 Commission 07/07/08 Commission TOTAL DISBURSEMENTS OF INCOME $ 2.30 0.51 0.85 0.11 20.01 39.74 38.38 30.86 25.91 21.45 15.18 14.40 $ 209.70 $ 209.70 -------------- ----------- - 14 - INCOME BALANCE ON HAND FIDUCIARY VALUE AT ACQUISITION 07/23/2008 VALUE CASH (AUTOMATICALLY INVESTED) $ 3,282.04 $ 3,282.04 'DOTAL INCOME BALANCE ON HAND $ 3,282.04 $ 3,282.04 THE ABOVE CASH IS CURRENTLY INVESTED IN MTB Money Market-Inst I Fund #420 - 15 - PROPOSED PRINCIPAL DISTRIBUTION SCHEDULE Market Value Fiduciary as of Acquisition 07/23/2008 Value Wayne Gladfelter - 1/3 Share of Residue as per Paraaraph III of the Will Principal Cash $ 37,777.55 $ 37,777.55 $ 37,777.55 $ 37,777.55 Jean Gerschefski - 1/3 Share of Residue as per Paraaraph III of the Will Principal Cash $ 37,777.54 $ 37,777.54 37,777.54 37,777.54 Elizabeth Gladfelter - 1/3 Share of Residue as per Paragraph III of the Will Principal Cash $ 37,777.54 $ 37,777.54 $ 37,777.54 $ 37,777.54 TOTAL $ 113,332.63 $ 113,332.63 - 16 - PROPOSED INCOME DISTRIBUTION SCHEDULE Market Value as of 07/23/2008 Wayne Gladfelter - 113 Share of Residue as per Paraaraph III of the Will Income Cash Jean Gerschefski - 1/3 Share of Residue as per Paraaraph III of the Will Income Cash Elizabeth Gladfelter - 1/3 Share of Residue as per Paraaraph III of the Will Income Cash Fiduciary Acquisition Value $ 1,094.01 $ 1,094.01 $ 1,094.01 $ 1,094.01 $ 1,094.02 $ 1,094.02 1,094.02 1,094.02 $ 1,094.01 $ 1,094.01 $ 1,094.01 $ 1,094.01 TOTAL $ 3,282.04 $ 3,282.04 -------- ---------------- -------- ---------------- - 17 - VERIFICATION M & T BANK, SUCCESSOR TO DAUPHIN DEPOSIT BANK & TRUST COMPANY, Executor of the Will of JEAN D. GLADFELTER, Deceased, hereby declares under oath that it has fully and faithfully discharged the duties of its office; that the foregoing First and Final Account is true and correct and fully discloses all significant transactions occurring during the accounting period; that all known claims against the Estate have been paid in full; that, to its knowledge, there are no claims outstanding against the Estate; that all taxes presently due from the Estate have been paid; and that the grant of Letters Testamentary and the first complete advertisement thereof occured more than four months before the filing of the foregoing First and Final Account. This statement is made subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. 8 ~ ~ i/, P M & T nk, Suc ssor to Daup in Deposi Bank & ust Company Dated: / ~ D Subscribed and sworn to by before me this~day of 2008. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Deborah L. Allen, Notary Public Hanover Boro, York County My Corrirni~icxr ~ OCt. 21, 2010 Mombor, Ponnoylvanlg p~rraolatlon of Ngtsrlee - 18 - L A V'J F I R M July 23, 2008 TO THE HEIRS ON THE ATTACHED LIST Re: Estate of Jean D. Gladfelter This letter is to notify you that a Petition for Adjudication and Account has been filed with the Orphans' Court in the above estate. This Petition and Account will be presented for audit on August 26, 2008, at the Orphans' Court of Cumberland County. Sincerely, Y Christine A. Garre cag Jon C. Countess Gary M. Gilbert Peter R. Andrews Lawrence V. Young Sharon E. Myers Thomas D. O'Shea John D. Flinchbaugh Frank H. Countess Jeffrey L. Rehmeyer II Craig S. Sharnetzka Anne E. Zerbe Timothy J. Bupp Rees Griffiths Andrew M. Paxton Tina H. Fox Richard K. Konkel Benjamin L. Pratt Margaret W. Driscoll Michelle Pokrifka Glenn J. Smith Anthony T. Bowser Eric Suter Of Counsel: Michael Boustead J. Patrick Clark Joseph P. Clark, II C:C~A Law Firm. CGA Professional Center, 135 N. George Street, York, PA 17401, 717.848.4900, Fax 717.843.9039, www.cgalaw.com Ms. Elizabeth R. Gladfelter 250 Valley Park South Bethlehem, Pennsylvania 18018 Mr. Wayne L. Gladfelter 1180 Josephine Road Roseville, MN 55113 Mrs. Jean David Gerschefski 9556 Fern Hollow Way Montgomery Village, MD 20886 DECEDENT'S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF JEAN D. GLADFELTER, DECEASED No.21-2007-0637 PETITION FOR ADJUDICATION/ STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa.O.C. Rule 6.9 Name of Counsel: John D. Flinchbaugh Supreme Court I.D. No.: 15525 Name of Law Firm: CGA Law Firm Address: 135 North George Street, York, Pennsylvania, 17401 Telephone: 717-848-4900 FAX: 717-843-9039 C"7 r==- _ C~ _, r..~_ -. '~-i ~; v __ _- ~_...i ~ Cl ~.J ~-. "'f r-.~ r_-• ~i aa..: __ t (;`_ ~~- _ _,-~ ~ _ - C.; i - .-_ _ ~~+ - , -~ - ;'t .. f t'~ W ' {00237966/1} Estate of Jean D. Gladfelter, Deceased 1. Name and address of Petitioner: M&TBank Attention: Jennifer A. Leib 13 Baltimore Street Hanover, PA 17331 All Executors have entered into this Petition. This is the first accounting for this fiduciary. 2. Decedent died on June 4, 2007. Letters Testamentary were granted to Petitioner on July 6, 2007. The Will was dated 3uly 30, 1997. There was no bond required. Proofs of advertising are attached hereto. The dates of advertising were as follows: July 16, July 20, July 23, July 27, July 30, and August 3, 2007. 3. Decedent was not survived by a spouse. 4. No surviving spouse to take an elective share. 5. This is not an intestate estate. 6. Decedent did not marry after execution of her Will. No children were born to decedent after execution of her Will. 7. A request for statement of claim was sent to the Department of Public Welfare. 8. Written notice of the audit will be given to all parties in interest, all unpaid creditors, and all claimants. 9. The following persons are beneficiaries under the Will of the decedent: Elizabeth R. Gladfelter 250 Valley Park South Bethlehem, PA 18018 daughter 113 interest Wayne L. Gladfelter 1180 Josephine Road Roseville, MN 55113 son 1/3 interest Jean Davis Gerschefski 9556 Fern Hollow Way Montgomery Village, MD 20886 daughter 113 interest 10. There are no known claimants of the estate. {00237966/1} Estate of Jean D. Gladfelter, Deceased. 11. No family exemption was claimed. 12. The following amounts of Pennsylvania inheritance tax were paid: August 31, 2007 $30,000 13. On the date of death, decedent was not a fiduciary or a surety on the bond of a fiduciary. 14. There are no questions requiring adjudication. 15. Petitioner has no knowledge of any share of the estate being assigned, renounced, disclaimed or attached. 16. The decedent was not adjudicated an incapacitated person. 17. There are no additional receipts or disbursements. 18. Reserves have been requested (as set forth in the Account) for M & T Bank fees, CGA Law Firm fees, filing fees, and preparation of fiduciary income tax returns. 19. The Court is not being asked to direct the filing of a Schedule of Distribution. WHEREFORE, your Petitioner asks that distribution be awarded to the parties entitled as set forth in the Schedule of Distribution. Submitted by, M&TBank By: Jennifer . Leib ~ ~(; P, {00237966/7} Estate of Jean D. Gladfelter, Deceased. VERIFICATION OF PETITIONER The undersigned hereby verifies that she is the Vice President of M & T BANK, and that the facts set forth in the foregoing Petition for Adjudication/Statement of Proposed Distribution that 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 ofl 8 Pa. C.S. Section 4904 (relating to unsworn falsification to authorities) 8 ~ Q~ V P. Signat re of Pet oner 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. Sign re of Counsel for Petitioner ~~~ 4~ ~~~~ ~a,~~, ~a~~- ~,G ~~-~ cot~or~~ir+ of ~r~srva~- r+btsrw a..i Chrfetine A. t3~rrott, trof~ry PubNc CNy of York. Yak County ComnNstfon E Jurn 29, 2000 , Pennsylvenis Aa0oisdon of Nofarles PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Advertising Manager , of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) Tuly 16, 23, 30, 2007 COPY OF NOTICE OF PUBLICATION ~srNtARY NOTICE ~ hereby given chat Lette-s Testamentary have ' been granted by the. Register of Wills of Cumberland County, Pern-syhranfa, the estate of the following named Decedent, old psreonns Indebted .said estate are requested m make 4rttner~ate payment, and + those hatrk~g t:laakns against said estate shed make `them known wNhout daisy to the Executor, reskiing at c/o ~i,North George Street, York, PA 17401. t Estate it JEAN D. GLADfEtTER, late of Silver Spring ! Township. M & T BANK, Executor CGA Law Firm, PC By: John D. Flinchbaugh Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publicMation are true`.-~ V ~~ P \ ~- '"- Sworn to and subscribed before me this 31St. day of Tuly, 2007. Notary Publi My commission expires: ~ ~~ l~~ COMMONWEALTH OF PENNSYLVANIA Notarial Seal Christina L. Woi6e, Notary Public Cariisle Borg. Cumberland County My Commission Expires Sept. 1,2008 Member, Pennsylvania Association Of Notaries PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 20, July 27, and August 3, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Gladfelter, Sean D., decd. Ll arie Coyne, Edit Late of Silver Springs Twp. Executor: M&T Bank. Attorneys: John D. Flinchbaugh, SWORN TO AND SUBSCRIBED before me this CGA Law Firm, 135 North George 3 da Of AU St, 2007 Street, York, PA 17401. y ~ '` v Notary _.~ NouawL sEAI. DEBORAH A GOLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNN My Commission Expires Apr 28, 2010 ~~~~-L~- ~Ji 1! : ~1L rrsU~1-m ~ L banK l11b;S~445tSU 298b4.1\AUt~or-JDt\ttser=tR 1-Sj1 Yl7lJ~ib11 r-~yY nu. u~u1 r. i ~ ~z~t dill ttn~r C7~ Pt~Y~tmPttY OF JEAN D. GLADFELTER I, ,lean D. Oladfelter, of Mechanicsburg, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare the following as and for my Last Will and Testament, hereby revoking and making void any and all wills and Testaments, or writings in the nature thereof by me at any time heretofore made. I. I direct that all expenses of my last illness, including hospital expenses, expenses for medical care, funeral expenses and the cost of a gravemarker, as well as all debts or obligations owed by me at the time of my death, which in the opinion of my Executors are not subject to either a legal or equitable defense, sha 11 be paid from my residuary estate, unless otherwise provided herein, as soon as pr.actieable after my decease, as a part of the expense of the administration of my estate. II. I give and bequeath all items of tangible personal property which I may own at the time of my death, including any automobiles which I may own, together with any insurance policies thereon in equal shares to my surviving children, to be divided among them in kind as they may agree. In tho event that none of my said children survive me, said tangible personal property shall be divided a mong l!Ib-may- 47I 1 ~ .47L rtiUf°~-m ~ L Manx /1 Ib:S10452i:i ,: ~~ ~ ~. l• L v v! )~ J L nm inq i ! i i• C: i m c i i~ ~) ! v u u 29864.1VIuC~of-JPC\USe r=lG 1'-:i;~1 Nld~l~1 j 811 F-998 ru. U7U~ f. / I their surviving issue equally and distributed to such issue in kind per capita. III. I give, devise and bequeath all the rest, residu e and remainder of my estate, real, personal and mixed, of whatever kind or character and wherever situated, which I may own or have the right to dispose of at the time of my death in equal shares to my children, Wayne L. Gladfelter, Jean D. Gerschefski and Elizabeth R. Gladfelter. In the event that any of my children predecease me, the share of my deceased child shall not lapse but shall instead be distributed among said deceased child's issue, per stirpes. rv. In the event that any beneficiaries under this will should be twenty (20) years of age or younger, then I direct that their share shall be held in trust for them by Dauphin Deposit Bank & Trust Company, or its successor, subject to the following term s and conditions: (1) Each respective beneficiary shall have the right to receive the net income from his or her separate share in periodic installments until final distribution of the principal as hereinafter provided. (2) The Trustee is expressly authorized to expend, for the use and benefit of each of the benefic iazies hereunder so much of his or her respective share of income yr principal as may be necessary for his or her proper maintenance, support, health or medical needs, and education, including a college, graduate, professional or technical education. (3) Each of said beneficiaries shall have the right to receive, when he or she shall have attained the age of twenty-five (25) years, one-third (1/3) of the balance of his or her respective share of the principal, together with any undistributed income 2 fib-~~' N r' l r' : ~.S rtiUl'7-m Zx L i7apK ! 1 ~b.5~7'1~2~ i 1 -,5.51 t'IlJ~4~/ 111 r-~ytS ~~,. ~. cv~i~ 7.~[niv, ~rifS~ invr.~.!uirni uiUUp iuo. b`lb.i F'. j i ~ 29864.1\puthor_~PC\USer=LR thereon. (4) Each of said beneficiaries shall have the r i ght to receive, when he or she shall have attained the age of thirty (30} years, one-half (1/2) of the balance of his or her respective share of the principal, together with any undistributed income thereon. (5) Each of said beneficiaries shall have the right to receive, when he or she shall have attained the age of thirty-five (35) years, the balance of his or her respective share of the principal, together with any undistributed income thereon. (6) Notwithstanding any of the above provisions, tl~e Trustee, in its sole and absolute discretion, is expressly authorized to exceed the above limits of distribution to or far the use and benefit of any of the beneficiaries hereunder for the pt:xchase of a home, for a1~v beneficiary's advanced education, or taking advantage of a sound business opportunity, which the Trustee feels to be a prudent investment, or to make such other distribution as the Trustee feels justifiable. (7) Should any of the beneficiaries hereunder die without having received his or her full share of ..the .principal of said trust estate, the same, or any undistributed. portion thereof, together with any undistributed income, shall be paid by the Trustee to his or her.issueper stirpes when and as they severally and respectivaly attain the aye of twenty-one (21) years. (8) Should any of the beneficiaries hereunder die without having received his or her full share of the principal of the trust estate, leaving no issue surviving, the share which he or she would have taken, if living, or any undistributed portion thereof together with any undistributed income, shall be added per stirpes to the other shares of surviving beneficiaries oz the issue of any deceased beneficiary as provided herein, and be distributed in accordance with the above provisions. (9) Should the issue of any deceased beneficiary be twenty-one (21) years of age, then his or her share shall be paid forthwith; otherwise, the Trustee shall hold and retain the shares of such issue ox any distributees who may be under twenty-one (21) years of age at the time their shares became vested in them absolutely, and pay, expend, use and apply 3 ~~o-~~- u r i r: ~~ rnurl-m a l uanK ., ~f ~~. J~ L'V V l 7 / ( h1Y1 iVI(y l I I1 V t ~ ill2 11 ~ I 29664.1\Author~JPC\USes=IR oluup ! 1 f bSb4~tS.i t -.S~il t'14~db/1011 ;^-yyiS Iv o. DYU ~ Y. 4 I the income and principal therefrom, for their maintenance, support, health or medical needs and education, and pay over and deliver unto them the balance of their respective shares of income and principal when and as they severally and respectively attain the age of twenty-on e (?.l) years. v. My personal representatives and the Trustees of any trust created hereunder shall have the following powers and authority in addition to, and not in limitation of, any other rights and powers granted by law: A. To retain anv_ proper*y transferred;.devised or bequeathed to them by me, or any undivided interest therein, regardless of the character of said property, or whether it is such as may be authorized by law as a legal investment by a fiduciary; B. To sell any estate or trust property, for cash or on credit, at public or private sale; to exchange any of said property for other property; to grant options to purchase or acquire any estate or trust property; and to determine the prices and terms of sales, exchanges and options; C. To execute leases and sub-leases for terms extending beyond the termination of any Trust established h erein; to subdivide or improve real estate and tear down or alter improvements; to grant easements, give consents and make contracts relating to real estate or its use; and to release or dedicate any interest in real estate; D. To borrow money and to mortgage or pledge any estate or trust property in connection with the administration of the Trusts created hereunder; to execute promissory notes or other obligations for amounts so borrowed; and to secure the payment of anv amounts so borrowed by mortgage or pledge of any real or personal property; provided, however, that said authority may be exercised only t o the extent that it is necessary or required in connection with the proper administration of my estate or any of the trusts created hereunder, and shall not be used for the purpose of making speculative investments or for the purchase of securities on margin; E. To take any action with respect to conserving or realizing upon the value of any estate or trust property, 9 ;~C-~y- ~ r 1 r : ~.~ rn~~r~-m c~ ~ ua[ix r 1 ro,s~~~u.~ 2G86C.1~put~or=J~C\USe~=IR 1-JJ1 f"IU~7r/~711 t"~~~~ it i~. U7UJ I ) I and with respect to foreclosures, reorganizations or_ other changes affecting the estate or trust property; to collect, pay, consent, compromise or abandon demands of or against the estate or trust property, wh erever situated; and to execute contracts, notes, conveyances and other instruments, including instruments cont ain.ing covenants and warranties binding upon and creating a charge against the estate or trust property, and containing provisions excluding personal liability; F. To keep any property in the name of a nominee, w ith or without disclosure of any fiduciary relationship; G. To employ agents, attorneys, auditors, depositaries and proxies, with or without discretionary powers; H. To give proxies, to deposit securities with and tr ansfer title to committees representing security holders and to participate in voting trust, reorganizations, and other transactions involvnq the common interest of security holders; T. To exercise any option to subscribe for or purchase any stocks, bonds, certificates, or other securities which may be given to it as the holder of other stocks, bonds, certificates, or other securities constituting a part of the estate or trust property; J. To ,purchase stocks, bonds or other property, real or personal, from the executor or legal representative of my spouse's estate, or any trust established by my spouse., even though such :executor or legal representative is also a fiduciary hereunder; K. In the event that my spouse survives me, to join with my spouse or his personal representative in the filing of any income or gift tax return for any period prior to my death and without requiring indemnification from my spouse or his personal representative for any liability which may arise from joining in such return; L. To elect to take administration expenses on either the estate's federal income tax return or the estate's federal estate tax return in such manner as to provide the greatest overall tax savings. My Executors are authorized but not required to adjust the interest of any beneficiary detrimentally affected by such election in order to compensate said beneficiary for any loss d ue to the making of such election; M. To exercise any election provided in the Internal Revenue Code or under Pennsylvania Inheritance or Estate Tax Laws with respect to the valuation of property for purpose of 5 ,•~. n. J• CU~rI 7/Jnnl ttlal III7C i. Illc 11 !. UIUU~ 2986L.l~Author=l-C\USer~IR such taxes, and the time and manner of payment of tax, and no adjustment in any beneficiary's interest in my estate shall be made by reason of the making of such election; N. To deduct, retain, expend and pay out of any money belonging to the estate or any trust established herein any and all necessary and proper expenses in connection with the operation and conduct of the same, and to pay all taxes, insurance premiums on any policy constituting part of the trust property, and any other legal assessments, debts, claims or charges which at any time may be due and owing by, or which may exist against my estate or any trust established herein; O. To charge commissions or compensation for their services hereunder, which commissions or compensation in the case of a corporate fiduciary may be charged against or payable from both principal and income received on an annual basis at such rates as may be provided in i.ts published fee schedule in effect at the time said services are performed; P. To pay over and deliver the principal and/or income payable to any minor beneficiary hereunder to a guardian or custodian under the Pennsylvania Uniform Transfers to Minors Act or similar state law in effect in the state i.n which either I die a resident or which the minor resides, including a custodian selected by my personal representatives (who may select age 21 for the termination 'of the custodianship if the same is permitted under applicable state law) or to deliver the same to a parent of the minor or to a person with whom the minor resides during minority. Q. To make any distributions or division of estate or trust property in cash or in kind, or both. VI. I direct that all state and federal estate, succession, legacy, inheritance or other transfer taxes, however designated, together with any interest thereon, that shall become payable by reason of my death with respect to any property which is included in my estate for purposes of computing such taxes and subject to administration by my personal representatives, shall be paid from my residuary estate, as an expense of administration and without 6 ~~t.-~y- ~Dr' 1r ~:~ t-HU(`7-m ~ t bank /1~Ib~(49533 T-331 P~09/~11 F-998 „,„ 29A6G,1\AUthor=JDC\User_~N apportionment. My Executors shall have no duty or obligation to obtzin reimbursement for any such tax paid by them even though on proceeds of insurance or other property not passing under this Will. VII. I appoint Dauphin Deposit Bank & Trust Company, o r i.ts successor, Executor of this my Last Will and Testament. In the event it cannot or does not desire to act as such Executor, then I appoint my son, Wayne L. Gladfelter, Executor in its place and stead. A1~ shall serve without pond. Any fiduciary who is an individual shall be entitled to receive reasonable compensation for his or her services hereunder and shall be reimbursed for all expenses incurred in connection with the administration of my estate or any trusts established herein. Compensation for any corporate fiduciary for its services hereunder shall be in accordance with its published fee schedule in effect at the time said services are performed. IN WITNESS WHEREOF, 7 have hereunto set my hand and seal to this my Will this ~~~vi~ day of ~~'~`~ 1997. "!/• ( SEAL) Jean D. lad alter 7 1p-~~- ~1r 1r.ti~ cn~Jr~ ur ~ cairn ~1~~~~,~~~~ .~.t~ i~, l~ L tr lr r / J Jnlrr irlU I I II . t. l IrIC II t V I v u V ~ 29864.E\Aut~or=JP[\USC~=tR ~•t-~ V / VJ I U f Signed, sealed, published and declared by the above- named 'Testatrix, as and for her Last Will and Testament, in the presence of us, who, at her request, in her presence at~d in the presence of each other, all being present at the same time, have hereunto subscribed our names as witnesses- ~.. ~~ r~ ----- ~ - i f i ~~~.~ ~ x~ 8 INVENTORY REGISTER OF WILLS OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA } SS couNTY of Cumberland } M 8 T Bank Personal Representative(s) of the Estate of Jean D. Gladfelter COUNTY, -PENNSYLVANIA nr~nn ~rw'~ ~ , n, -- ~~ .- -_ File Number 21-07-06~i7 L' -- ~. ~ ,~ ~-, ITT u~. ,. ,, - - deceased, de~ose(s) and say(s).that the items appearing in the following inventory include all of the personal assets wherever situate and al of the real estate In the Commonwealth of Pennsylvania of said Decedent, that the valuation placed opposite each item of said inventory represents its fair value as of the date of the decedent's death, and that Decedent owned no real estate outside of the Commonwealth of Pennsylvania except t ich appears in a memorandum at th d of this inventory. r. I verify that the statements made in this Inve - ~ `r v Q tory are true and correct. I understand that false st e- ments herein are made subject to the penalties of M ~ T ank 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Attorney -- (Name) (Firm) (Address) (Telephone) John D. Flinchbaugh CGA Law Firm 135 North George Stl 717-848-4900 York, PA 17401 (Supreme Court I.D. No.) 15525 DATE OF DEATH LAST RESIDENCE 31 Westfields Drive DECEDENTS SOC. SEC. NO. 06/04/2007 Mechanicsburg, PA 17050 168-24-1011 FIGURES MUST BE TOTALED Personal Property Cash ............................................................................................... Personal Property ......................................................................... StockslListed ................................................................................. Stocks/Closely Held ...................................................................... Bonds ............................................................................................. Partnerships and Sole Proprietorships ..................................... Mortgages and Notes Receivable ............................................... All Other Property ......................................................................... Total Personal Property ......................................... Total Real Property ................................................ Total Personal and Real Property ......................... 9,521.71 34,076.85 43,598.56 175,994.04 219,592.60 NOTE: The Memorandum of real estate outside the Commonwealth of Pennsylvania may, at the election of the personal representative include the value of each item, but such figures should not be extended into the total of the Inventory. (See 20 Pa. C.S. § 3301(b)) For.n RW-09 Rev. ~o-tazoos INVENTORY REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland } SS File Number 21-07-0637 DATE OF DEATH LAST RESIDENCE 31 Westfields Drive DECEDENTS SOC. SEC. NO. 06/04/2007 Mechanicsburg, PA 17050 168-24-1011 Cash AARP -Long term care policy refund 94.12 Encompass Insurance -Refund of auto insurance 495.00 Highmark Freedom Blues -Health insurance refund 81.46 Sovereign Bank -Certificate of Deposit - 1685539866 -Balance as of date of 5,330.52 death Sovereign Bank -Certificate of Deposit -1685539866 -Accrued interest as of 3.23 date of death Sovereign Bank -checking account - #2731703008 -Balance as of date of 3,517.38 death Total Cash 9.521.71 Personal Property Rowe's Auction Service -Appraisal of decedent's personal property, including 33,720.00 automobile -see attached Rowe's Auction Service -Actual net proceeds of sale of tangible personal 356.85 property of decedent (not included on appraisal) Total Personal Property 34,076.85 Real Estate Real estate located at 31 Westfields Drive, Mechanicsburg, Cumberland 175,994.04 County, Pennsylvania, 17050 -Actual net sale proceeds per attached HUD-1 settlement sheet (Attach additional sheets if necessary) Total Personal Property and Real Estate 219,592.60 INVENTORY REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA } SS couNTY of Cumberland } File Number 21-07-0637 DATE OF DEATH LAST RESIDENCE 31 Westfields Drive DECEDENT'S SOC. SEC. NO. 06104/2007 Mechanicsburg, PA 17050 168-24-1011 Total Real Estate 175,994.04 -2-