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HomeMy WebLinkAbout02-0901 PETITION FOR PROBATE and GRANT OF LETTERS Estate of GEORGE ROSS also known as No. To: 21-02-901 Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvania Deceased. Social Security No. 209-10-1776 The petition of the undersigned respectfully represents that Your petitioners are 18 years of age or older and the Executors named in the last will of the above decedent, dated September 5, 2002 and codicil [none]. Decedent was domiciled at death in Cumberland County, Pennsylvania, with his last family or principal residence at 47 Hemlock Circle, Newville, West Pennsboro Township. Decedent, then 85 years of age, died October 1,2002, at Green Ridge Village, West Pennsboro Townsbip, Newville, Pennsylvania. Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent. Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property (If not domiciled in Pa.) Personal property in Pennsylvania (If not domiciled in Pa.) Personal property in County Value of real estate in Pennsylvania situated as follows: $ unestimated $ $ $ /l...-ffu' 6c At. . .J!' .-.-< {'<VJ</W(uv, ?~ <{tft.. !fur (itl Catherine Elizab Hewlett 863 Linden Road Hershey, P A 17033 (717) 533-7410 WHEREFORE, petitioners respectfully request the probate of the last will and codicil presented herewith and the grant of Letters Testamentary thereon. Cleul. L ~Ol' :iE. Nac~ . 808 Walnut Lane Carlisle, PA 17013 (717) 243-2329 --------------------------------------------------------------------- --------------------------------------------------------------------- OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) Sworn to or affirmed and subscribed before me this 4 th day of ~~ ' 2002. or: "7 (7z'L~) /.<>2' 4'0",/ pQ.u.u /Lv ~ RegIster /?-~,;;.- /,.2/ The petitioners above-named swear or affirm that the statements in the foregoing petition are true and correct to the best of the knowledge and belief of petitioners and that as personal representatives of the above decedent, petitioners will well and truly administer the estate according to law. /{, . U - .! . '. azluA.M(i. ~dctd.v<Vij1/f./,;t; q~mt~~ Ja k E. Na~e No. 21-02-901 Estate of GEORGE ROSS, Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW, OCTOBER 7, 2002 , in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, lT IS DECREED that the instrument dated September 5, 2002 described therein be admitted to probate and filed of record as the last will of GEORGE ROSS and Letters Testamentary are hereby granted to Catherine Elizabeth Hewlett and Jack E. Nace. TOTAL $ 515.00 $ ]8.00 $ ----flr.-(ffi- $ 5.00 $ 556.00 ~41d/ /?J /)h'/) lLJ/, <<~"-4/ Registero~4-U ~ Mark A. Denlinger, Esquire (83794) MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, P A 17013 (717) 243-3341 Will Book # Page FEES Probate, Letters, Etc. Short Certificates( ) ~-pages Kenunclation JCP Filed OCTOBER 7, 2002 F,\FILES\DA T AFILE\EST A TES\1 03761-pctilion.ltr H10'5.30'5 RFV9M, This is to cettify that the information hete given is cottectly copied ftom an original cettificate of death duly filed with me as Local Registrar. The original cettificate will be forwarded to the State Vital Recotds Office for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. No. Illllfl"',JH~a~""~"''''',,, "",,~,,\1" F PEll---, "'~~....-.~~"" ~\;so .0 ~_. :.J:: - $"'.' !!f<..... ~'- !~.. ...... \...." ~c; - --- .~~ !'-'M.'~f..' ,,.! \*' . ,... '~*I ~.A. . -_ -.. .:0.... \' ~~., :.;'...-'=. ~.." '"~ -c _ ~\\\ ;.. .....!!A1fN1 \)'t ~llllll .........~~HHIII#II ~~.~~H..~~ Local Registrar Fee for this certificate, $2.00 P 8608465 OCT 2. 2002 Dare H1OS.,<t3Rev.2Jff1 COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH ., DE os 0CC\IlWl0H 1QHD(J'8US S$/I lGooo_ot__~ ~~~&er' (~et) U.S. Navy , ,.Male SWIFII.I~ socw. SE(:\.lI'lIT'f~EA ;:NT ... H.uE 01' OECECEHT tF.... MicIlH. LHl 1. George Ross ,209 -10 -1776 ~.A1lk~~~.-~~ 1Il1E1l_8itr>otyl UNDEA1YEAA 85 -- 0.,- ,~ UHOEA I M' HauI$!....... 8IRTHPIJoCE(C~_ S\MIl...F~~ Altoona PA PlJICf:06OEArH~_""".....____O/'I__ """"". ~O EII/OWlIl_O :::"'0 Oil COIJIfTVOFPE..crM Cumberland " OICEDENrSw.t.lllNQAOOl'lUS{Sh<<.~.9lIIIo.llI>~ 47 Hemock Cir. Newville FA 17241 ('~I WoNfAI.SWU&.__ --- .-- 1" WJ.dowed ~ Ml1EFl'SNI\MElf01t.),l~.L.n .. lMFClPIWrHrSIUoUl!.(I~ .... .. - ~.. -.....r 11...o::;"~':::: MOllER'SHIIME(F........,.._s........... Mar 0 INFOAMANrSIolM.Jl<<JAOClFIESS~CI\tfTOMl.s...Z"COItI) 808 Walnut LN Carlisle FA 17013 f'UCEQl'DlSPOSmOtt.~atc..-,,~ 1.OC.IlI'IOM.~a...ZlI~ .~l1lngton National Cern Arlington VA 22210 , lh1.fI ...___... WOC!t '09l'n"'pQrg - Thomas L. Ross Jack Nace ~' .. UCENSEE ... 00 .."."'"" _0 ....Xl c..n..lon 0 "--".......11 Qrw~. vt'l-,& VALVUl.;ljt. ~lOlOAASA.CClt<<OUEHCE(lI'): 'FApJ Of SElf 6 ,- i=:-..=: , i ..p 'MYI: ow.....-~-.................. nal~"'''''''''''''''''_'''l!IfWl:Tl .. f.. bO... D._I: E_....--..injuriea"'~__...""elll.Donal_..._OIC1VirlO._.CMlIIoc'" ..Io<y--'_"'''''--'~. u.OIIIy__OI'IUCIlliM. tI 0/) t .cMIT7;J r OUl!lOlORA.SA.CONSI.OUfHCEOI'): 0Ul!1O(OA.osA.00IGt0UEtQ~ .... '""'"'........ MAIINVIOl'CE.Q"H ......""""'" "'''""''' 0 ...... - -- .., ....... 0 -- 0 _0 ...0 ..0 ...... 0 eo..,....'-dtl_ 0 ..,."'''''''''' -....... - TItoIEOFINJIJAY lfUJP:YR~ CUCNaElClW1MJ\JfIY0CCUfIflED. 'iW 0,...,0 -.otCAL lltAIhHERlCClftONIEA On...bUilIof..WftlnatIorIandlorll.....II~.lnrrrvoplnlan...rhlJCCUffecl'.I'hellm.....I.._pl6c..InCldu4lIo.,..UIIII(.,1IId -..--........,........,............................,................................................... ~. flEGlSTRAA.SSlGNAI'UFlI:>>lO ~,\ H-.I,OI o n. C\IOtEFtl.EO,_.o.,._1 0&. - ..., c:arr-"o--.,<lAII .CIJlTFl'lNOPfl'l'SICINfIPh..-.n~_al____~....~__c~.....t:l1 ,..__If"'1..-......_....._....._~'__r.._........................ ... fr, ~ ~MlOtunIF'fl*ilI'HYSlClNtl""--'Ilott:>OOf>OunO;:lflQ__~IO-=-ot_l TI..._IlIl....~._"'...........Il..._.....,_~.__"'_....-.cI'.............t..OSOI....., .., F:\F1LES\DAT AFILE\Estate Planning\103761-will_2 LAST WILL AND TESTAMENT I, GEORGE ROSS, a widower, of Newville, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking any and all former Wills or Codicils by me made. ITEM ONE I direct that all my legally enforceable debts, funeral expenses, testamentary expenses and all inheritance taxes shall be paid to the extent possible from the assets held or passing under ITEM FOUR hereof as soon as practicable after my decease and as part of the administration of my estate. ITEM TWO I give, devise and bequeath such items of personalty as are itemized in a certain list, if any, attached hereto to the persons named thereon, which list is signed and dated by me at the end thereof. ITEM THREE I give, devise and bequeath the sum of Three Hundred Thousand Dollars ($300,000.00) unto my Trustee to be held in trust for the following purposes: A. My Trustee shall pay the net income, at least quarter-annually, to my friend, HELEN T. HOBBIE, for life. In addition, my Trustee in my Trustee's sole discretion, may invade the principal of the Trust for the proper and adequate support, maintenance and well being of the said HELEN T. HOBBIE, provided said invasion and distribution of principal shall not exceed Five Thousand Dollars ($5,000.00) per calendar year. B. Upon the death of the said HELEN T. HOBBIE, the accumulated income and principal shall be distributed in accordance with ITEM FOUR, C, of this, my Last Will and Testament. C. I appoint JACK E. NACE, Carlisle, Pennsylvania, as Trustee under this ITEM .THREE of my Last Will and Testament. In the event he is unable or unwilling to act or continue to act as Trustee, then I appoint ORRSTOWN BANK as Trustee under this ITEM THREE of my Last Will and Testament. ITEM FOUR I give, devise and bequeath all the rest, residue and remainder of my estate to be divided and 4h- G.R. Page 1 of 7 distributed by my personal representative as follows: A. A specific bequest and gift of $10,000.00 each and individually to my nephews, JEREMIAHW. ROSS, JOSHUAL. ROSS, and JOSEPHR. ROSS, provided they do not predecease or fail to survive me by thirty (30) days. In the event any of my said nephews named in this ITEM FOUR, A., herein do not so survive me, then I give and bequeath their respective $10,000.00 share to be distributed in equal shares under ITEM FOUR, D., hereof. B. A specific bequest and gift of $50,000.00 each and individually to my sisters, VIOLET M. ROHER, and MILDRED E. ROSS, provided they do not predecease or fail to survive me by thirty (30) days. In the event any of my said sisters named in this ITEM FOUR, B., herein do not so survive me, then I give and bequeath their respective $50,000.00 share to be distributed in equal shares under ITEM FOUR, D., hereof. C. Except as provided herein, the rest, residue and remainder of my estate shall be distributed in equal shares to my nieces and nephews, DOUGLAS ADRIAN ROHER, ARNOLD ROSS ROHER, ALICE MARY ROHER, PHILIP N. ROHER, THOMAS WALTER ROSS, RAYMOND E. RUECK and GALE L. THEESFELD, share and share alike. In the event that any beneficiary as named above shall predecease or fail to survive me by thirty (30) days and leave surviving issue, then his or her respective share as provided hereunder shall be distributed to his or her surviving issue, in equal shares, pursuant to that certain inter vivos trust named in ITEM FOUR, D., hereof. In the event that any beneficiary as named above shall predecease or fail to survive me by thirty (30) days and leave no surviving issue, then his or her respective share hereunder shall be distributed, in equal shares, to the remaining beneficiaries of this ITEM FOUR, C., hereof, share and share alike. D. Any and all rest, residue and remainder of my estate, if any, shall be held or distributed by my Trustee pursuant to and under that certain inter vivos MINORS TRUST AGREEMENT heretofore created this date, for the benefit of the specific beneficiaries named therein, to have and to hold, in Trust, for the uses and purposes and subject to the terms and provisions thereof. 4: Page 2 of 7 ITEM FIVE POWERS OF EXECUTORS AND TRUSTEE In addition to the powers conferred by case law, by statute, and by other provisions hereof, my Executors and Trustee, as named herein and as my Trustees are named in that certain MINORS TRUST AGREEMENT heretofore created this date, and their successors, shall have the following discretionary powers applicable to all property held by them which powers shall be effective without order of any court and shall exist until final distribution: A. To retain any property of any nature received by them for whatever period they shall deem advisable; B. To invest and reinvest all or any part of said property in such stocks, bonds, common trust funds, securities, accounts, certificates of deposit (including, but not limited to, stocks, bonds, common trust funds, securities, accounts or certificates of deposit of the Trustee) or other property, real or personal, as in their discretion they shall deem proper, without regard to statutes limiting the property which a fiduciary may purchase; C. To sell, transfer, exchange or otherwise dispose of, any part of said property, for cash or on terms, publicly or privately, or to lease, even for a term exceeding five (5) years or the duration of any trust herein, without liability on the purchasers or lessees to see to the application of the proceeds, and to give options for these purchases without the obligation to repudiate them in favor of a higher offer; D. To execute and deliver any deeds, leases, assignments or other instruments as may be necessary to carry out the provisions of any trust hereunder; E. To borrow money, including the right to borrow money from any bank and to mortgage or pledge any asset of the estate as security; F. To assume continuance of the status of any beneficiary with regard to death, marriage, divorce, illness, incapacity and the like in the absence of information deemed reliable without liability for disbursements made on such assumption; G. To pay from the trust, or the income therefrom, all debts or claims against my estate, or any taxes or similar charges on my estate; 4f Page 3 of 7 H. To make any distribution hereunder either in kind or in money, or partially in kind and partially in money. Distribution in kind shall be made at the market value of the property distributed, and my Trustee, in my Trustee's absolute discretion, may cause the share distributed to any distributee to be composed of property similar to or different from that distributed to any other distributee; I. To exercise any subscription right in connection with any security held hereunder, to consent to or participate in any recapitalization, reorganization, consolidation or merger of any corporation, company or association, the securities of which may be held hereunder, to delegate authority with respect thereto, to deposit investments under agreements, to pay assessments, and generally to exercise all rights of investors; J. To invest in endowment, insurance or annuity policies on the lives of beneficiaries of any trust hereunder; K. To continue in any partnership, joint venture, joint ownership or other business enterprise of which I am a part at the time of my death; L. To compromise claims; M. To continue for whatever period oftime as they shall deem necessary any ownership as a tenant in common or as a partner, in real estate or other property and to act as I could have done had I been living; N. To lend money to my estate or to any trust created hereunder or to purchase from the estate or from any trust created hereunder, at the market value thereof at the time of purchase, any securities or other property tendered to them by my estate or any trust created hereunder at any time and from time to time within a period of nine (9) months after my death; O. In the event that any amounts are payable hereunder or under any trust created hereunder to a minor, or to a person otherwise under legal disability, or to a person not adjudicated to be an incapacitated person, but who, by reason of illness or mental or physical disability is, in the opinion offiduciary(ies) hereunder, unable to properly administer such amounts, such amounts may be paid by the fiduciary(ies) hereunder in his, her or their sole discretion in any of the following ways as he, she or they may deem best: tJk Page 4 of 7 1. Directly to such beneficiary; 2. To a legally appointed guardian of such beneficiary for the benefit of such beneficiary; 3. To a person having custody of such beneficiary for the benefit of such beneficiary; 4. By the fiduciary(ies) hereunder using such amounts directly to the benefit of such beneficiary. Evidence of the application or payment of an amount in such a manner shall be a full and complete discharge of the fiduciary(ies) hereunder to the extent of such payment or application. This paragraph shall be applicable to payments of income as well as principal. In no way shall this provision conflict or supersede the terms and provisions of that certain inter vivos MINORS TRUST AGREEMENT, and shall be read in conjunction with said trust agreement. P. To employ agents, attorneys and proxies and to delegate to them such power as my personal representatives and Trustees consider desirable and to pay reasonable compensation for such services as may be rendered by such agents, attorneys and proxies; Q. To conduct an inventory of any safe deposit box necessary to the administration of my estate. R. To do all other acts in their judgment necessary or desirable for the proper management, investment and distribution of my Estate. ITEM SIX PROTECTIVE PROVISIONS All income or principal held for the use and benefit of any trust hereunder shall not be in any way or manner subject to anticipation, assignment, pledge, sale or transfer, nor shall any such interest, while in the possession of my Trustee, be liable for or subject to the debts, contracts, obligations, liabilities or torts of any beneficiary, or to attachments, executions or sequestrations under process oflaw. cL G.R. Page 5 of 7 ITEM SEVEN APPOINTMENT OF EXECUTORS I nominate, constitute and appoint, CATHERINE ELIZABETH HEWLETT, of Hershey, Pennsylvania, and JACK E. NACE, of Carlisle, Pennsylvania, jointly and not severally, as Executors of my estate. In the event that one of the named Executors shall predecease me or fail to act as Executor, then I appoint the remaining Executor as sole Executor of my estate. ITEM EIGHT WAIVER OF BOND I direct that neither my Executors nor any Trustee shall be required to file any bond in any jurisdiction to secure the faithful performance of their duties, nor shall they be required to obtain any order or approval of any court for the exercise of any power or discretion set forth in this Will. IN WITNESS WHEREOF I have hereunto set my hand and seal this 5...}k day of .~ 2002-. G~ (SEAL) SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named Testator, as and for his Last Will and Testament, in the presence of us, who at his request, have hereunto subscribed our names as witnesses thereto, in the presence of the said Testator and of each other. ffVL/no -r f'JJJncAklftJ Page 6 of 7 COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) We, GEORGE ROSS, (Y)eI''',SnT JJusMk , and VV1~r/" A. ue.-r./, "J~/'" the Testator and the witnesses, respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his last Will and that the Testator has signed willingly, and that the Testator executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as a witness and that to the best of his /her knowledge the Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. f'rtd (fUX)J: (\Jfv.OC~ W~'tn s ~ .' J ' W; ness # Subscribed, sworn to and acknowledged before me by GEORGE ROSS, the Testator, and subscribed and sworn to before me by fYld,s.sa 1_ NI./::,.cJ-,kc:.. and I. I A D /. --/(",. ... /Y") a r1<>: A. er, I hrj er , the witnesses, this::' 'day of ~~v, 2002. c '~ ..~ ~/~) Notary Public NOTARIAL SEAL . CORRINE l. MYERS. Notary Public CarMsle BolO. Curnbet1e/ldCOUIY Commission Ex 'res Ma 27,2003 Page 7 of 7 ). CERTIFICATION OF NOTICE UNDER RULE 5.6(a) Name of Decedent: Violet A. Hale, Deceased Date of Death: October 4,2002 No. 2002-00922 PA No. 2102-0922 To the Register: I certify that notice of beneficial interest required by Rule 5.6(a) of the Orphans' Court Rules was served on or mailed to the following beneficiaries of the above-captioned estate on or about October 16, 2002: Name Address Joan M. Staub 800 Shuler Street Mechanicsburg, PA 17055 Bette Singiser 107 George Street Mechanicsburg, P A 17055 Geraldine B. Ebert 23 McCord Drive Newark, Delaware 19713 Notice has now been given to all persons entitled thereto under Rule 5.6(a) except: NONE. ;-- 'chard C. Snelbaker, Esquire 44 West Main Street Mechanicsburg, PA 17055-0318 (717) 697-8528 Date: October 16,2002 ?-J //) F: \FILES\DA T AFlLE\EST A TES\ l03761-notice.cer ! CERTIFICATION OF NOTICE UNDER RULE 5.6(a) Name of Decedent: George Ross Date of Death: October 1,2002 File No. 21-02-901 To the Register: I certify that notice of estate administration required by Rule 5.6(a) of the Orphans' Court Rules was served on or mailed to the following beneficiaries of the above-captioned estate on or about October 14, 2002. Jeremiah W. Ross 4747 N. Woodrow Ave., #126 Fresno, CA 93726 Mildred E. Ross 402 W. Miner St. West Chester, PA 19382 Philip N. Roher 301 Crooked Billet Road Hatboro, PA 19040 Joshua L. Ross 410 So. Clementine St. Anaheim, CA 92805 Douglas Adrian Roher 5467 Clymer Road Quakertown, PA 18951 Thomas Walter Ross 1345 Chase St. Lakewood, CO 80214 Joseph R. Ross 11631 Moen St. Anaheim, CA 92804 Arnold Ross Roher 1392 S.W. End Blvd. Quakertown, PA 18951 Raymond E. Rueck RR#2 Box 154 Onarga, IL 60955 Violet M. Roher 301 Crooked Billet Road Hatboro, P A 19040 Alice Mary Roher SA Dale Ave. Johnston, Rl22919 Gale L. Theesfeld 503 Park View Dr. Gilman, IL 60938 Jack E. Nace, Trustee of Trust for the benefit of Helen T. Hobbie 808 Walnut Lane Carlisle, P A 17013 Notice has now been given to all persons entitled thereto under Rule 5.6(a) except: N/A Date: October 17, 2002 Signature Name ~A~- Mar A. Denhnger, EsqUlre MARTS ON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Personal Representative ~- ,~ MJ2W&O December 31, 2002 AITORNEYS &:: COUNSELLORS AT LAw WILLiAM F. MARTSON - JOHN B. FOWLER III EDWARD L. SCHORPP DANIEL K. DEARDORFF THOMAS J. WilliAMS' Ivo V. Orro III GEORGE B. FALLER JR. .- CARL C. RISCH MARK A. DENLINGER DAVID R. GALLOWAY ANTHONY T. LUCIDO *BOARD CEllTIFIED CIVIL TRIAL SPECIAUST TEN EAsT HIGH STREET CAR.uSLE~ PENNSYLVANIA 17013 TELEPHONE (717) 243-3341 FACSIMILE (717) 243-1850 INTERNET www.mdwo.com. HAND DELIVERED ~l...{);).-qol. Office of Register of Wills Cumberland County Courthouse Carlisle, PA 17013 d r......\ RE: Estate of George Ross Estate No. 21-02-0901 Date of Death: October 1,2002 w Dear Clerk: :~ w Enclosed with this letter is estate check in the amount of$170,000.00 representing payment of Pennsylvania Inheritance Tax in the above-referenced estate. Will you please issue the appropriate receipt and forward it to me at the above address. I thank you in advance for your prompt attention to this matter. Very truly yours, MARTSON DEARDORFF WILLIAMS & OTTO ftA.~~ MAD/elm Enclosure F:\FlLES\DAT APILE\EST ATES\f0376-I-row.l INFORMATION. AOVICE . AOVOCACy'M COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG, PA 17128-0601 REV-1162 EX(11-96) RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT MARTSON DEARDORFF ETAl TEN EAST HIGH STREET CARLISLE, PA 17013 --------fol<l ESTATE INFORMATION: SSN: 209-10-1776 FILE NUMBER: 2102-0901 DECEDENT NAME: ROSS GEORGE DATE OF PAYMENT: 12/31/2002 POSTMARK DATE: 0010010000 COUNTY: CUMBERLAND DATE OF DEATH: 10/01/2002 NO. CD 002008 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 I $170,000.00 I I I I I I I I TOTAL AMOUNT PAID: REMARKS: JACK E NACE CIO MARTSON DEARDORFF ET Al CHECK#136 SEAL INITIALS: SK RECEIVED BY: REGISTER OF WILLS $170,000.00 DONNA M. OTTO DEPUTY REGISTER OF WillS IN RE: ESTATE OF GEORGE ROSS, DECEASED, LATE OF WEST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, :PENNSYL VANIA :ORPHANS' COURT DNISION :NO.21-02-0901 PETITION FOR PURCHASE OF PERSONAL PROPERTY TO THE HONORABLE JUDGES OF SAID COURT: The Petitioner, Jack E. Nace, Co-Executor ofthe Estate of George Ross, deceased, makes the within Petition for Purchase of Personal Property, pursuant to 20 Pa.C.S.A. S 3356, and respectfully represents as follows: 1. George Ross ("Decedent") died on October 1,2002, leaving his Last Will and Testament dated September 25,2002, which was duly probated before the Register of Wills of Cumberland County on October 7,2002. 2. The Register of Wills of Cumberland County granted Letters Testamentary to Petitioner and Catherine Elizabeth Hewlett, co-Executors ofthe Estate of Decedent, on October 7, 2002. 3. At the time of death Decedent held fee simple title to a 1997 Cadillac vehicle (VIN # I G6KE54YI VU268209). 4. The vehicle was appraised at a value of approximately $13,800.00, obtained via the Kelley Blue Book Web site (www.kbb.com). a copy ofthe appraisal is attached hereto as Exhibit "A". 5. The co-Executors have attempted to sell the vehicle to unrelated third parties, but have received no acceptable offers based on the condition and appraisal of the vehicle. 6. Petitioner Jack E. Nace desires to purchase the vehicle for the sum of $13,800.00. 7. In addition to Petitioner, the other parties in interest are as follows: Jeremiah W. Ross 4747 N. Woodrow Ave., #126 Fresno, CA 93726 Mildred E. Ross 402 W. Miner St. West Chester, PA 19382 Philip N. Roher 301 Crooked Billet Road Hatboro, P A 19040 Joshua L. Ross 410 So. Clementine St. Anaheim, CA 92805 Douglas Adrian Roher 5467 Clymer Road Quakertown, P A 18951 Thomas Walter Ross 1345 Chase St. Lakewood, CO 80214 Joseph R. Ross 11631 Moen St. Anaheim, CA 92804 Arnold Ross Roher 1392 S.W. End Blvd. Quakertown, PA 18951 Raymond E. Rueck RR#2 Box 154 Onarga, IL 60955 Violet M. Roher 301 Crooked Billet Road Hatboro, P A 19040 Alice Mary Roher 5A Dale Ave. Johnston, Rl22919 Gale L. Theesfeld 503 Park View Dr. Gihnan, IL 60938 Catherine Elizabeth Hewlett 863 Linden Road Hershey, P A 17033 8. All parties in interest consentto the proposed sale and their consents are attached hereto J as Exhibit "B". WHEREFORE, Petitioner requests your Honorable Court to issue an Order pursuant to 20 Pa.C.S.A. 9 3356, granting leave to Petitioner, Jack E. Nace, Co-Executor of the Estate of Decedent, to purchase the 1997 Cadillac vehicle for the sum of$13,800.00. Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO \J. Ir r. 'c \ ~. JC/~~/ " .j . .~ By: Ivo V. Otto III, Esquire PA ID# 27763 Ten East High Street Carlisle, PA 17013 Attorneys for Petitioner Date: June 11, 2003 I, the undersigned, verifY that the statements contained herein are true and correct to the best of my knowledge, information and belief. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904 relating to unsworn falsification to authorities. Dated: Cj u..,v-- <-:'~L.DO 3 C)~c'\)~ Jack E. Nace Kelley Blue Book Used Car Values KeDe7 Blue Book The Trust" R;1!SOUrefi .........'".w............M....'w...,.~~__.w......~.........w.,...........w kf;ty7~; Nlf!:w'Ca:r Pridng Iluiid .. Car JncMtivES My Caf'.~ Value Used Car R"wil fn!tc Pri~; Quct~ Ruy ~ Used Car Sell y.,ur Car MO!:<>l'cydoo Financin~J: Insurance LEmo" Cheek W~Brtti&.S. Act'~Jt,"$Of"ie$ Caf" Reviews Car Previews Dedsi:un GUides Advica About kbb H<>"''' Blue Book Private Party Report Pennsylvania. October 14, 2002 1997 Cadillac DeVille d'Elegance Sedan 40 Buv a New Car Buv a Us~d Car List Your Car For Sale Qnline Free Lemon Check Financina Quote Insurance Quote Warranty Quote Print "For Sale" Sian pavment Calculator Page 1 of2 http/l.. ./kw. kc. ur?kbb.P A;816460;P A041 & 17241 ;p&723; Cadillac; 1997%20De Ville&6; CA;E 10/14/02 f>/l.b: t- "i'1" Engine: VB 4.6L Northstar Trans: Automatic Drive: Front Wheel Drive Mileage: 46,000 Equipment Air Conditioning Power Steering Power Windows Power Door Locks Tilt Wheel Cruise Control AM/FM Stereo Cassette Integrated Phone Navigation System Dual Front Air Bags ABS (4-Wheel) Leather Dual Power Seats Imitation Conv Premium Wheels Consumer Rated Condition: Excellent "Excellent" condition means that the vehicle looks great, is in excellent mechanical condition and needs no reconditioning, It should pass a smog inspection. The engine compartment should be clean, with no fluid leaks. The paint is glossy and the body and interior are free of any wear or visible defects. There is no rust. The tires are the proper size and match and are new or nearly new. A clean title historv is assumed. This is an exceptional vehicle. Private Party Value $13,770 Private Party value represents what you might expect to pay for a used car when purchasing from a private party. It may also represent the value you 'might expect to receive when selling your own used car to another private party. _~ttWfffi*rtrrf(i1'1(1~I~W;,' "..:-; . ,:..........y..:..x.....,.......'}~-:X> > , ?.- .r.&1$Ai1.iAiZkA... ~ Get a Used Car Trade.ln Value Get Invoice & MSRP on New Cars Copyright @ 2002 by Kelley Blue Book Co., All Rights Reserved. Sep.Oct 2002 Edition. The information in this report was printed from the Kelley Blue Book Web site (www.kbb.com) and is intended for the personal use of the customer only and may not be sold or transmitted INRE: ESTATE OF GEORGE ROSS, DECEASED, LATE OF WEST PENNSBOROTOWNSHW,CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-02-0901 CONSENT AND JOINDER OF PARTIES I, the undersigned, being an interested party and beneficiary under the Last Will and Testament of George Ross, Deceased, hereby consentto the purchase ofa 1997 Cadillac vehicle, by Jack E. Nace, for the sum of$13,800.00. IN WITNESS WHEREOF, the undersigned has hereunto set his hand and seal this L: << p l ~ day of .:::,o<-V'-~~/,1 Z~3 , Signed, Sealed and Delivered in the Presence of: ~L~, L-/ Jer ah W. Ross (SEAL) E't-Lb~+ "f.:,'( INRE: ESTATE OF GEORGE ROSS, DECEASED, LATE OF WEST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-02-0901 CONSENT AND JOINDER OF PARTIES I, the undersigned, being an interested party and beneficiary under the Last Will and Testament of George Ross, Deceased, hereby consent to the purchase of a 1997 Cadillac vehicle, by Jack E. Nace, for the swn of$13,800.00. IN WITNESS WHEREOF, the undersigned has hereunto set his hand and seal this /0 f L... day of I'V1 R or , tJ"S. Signed, Sealed and Delivered in the Presence of: ~L/!2rJ-- dft?shua L. Ross (SEAL) E ' ' L Un'i ='f ).....-L;1.-L i rJ INRE: ESTATE OF GEORGE ROSS, DECEASED, LATE OF WEST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY,PENNSYLVANLA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA ORPHANS' COURT DIVISION NO. 21-02-0901 CONSENT AND JOINDER OF PARTIES I, the undersigned, being an interested party and beneficiary under the Last Will and Testament of George Ross, Deceased, hereby consent to the purchase of a 1997 Cadillac vehicle, by Jack E. Nace, for the sum of $13,800.00. ~TNESS WHEREOF, the undersigned has hereunto set his hand and seal this day 0 (Jl j If) , 03. I Signed, Sealed and Delivered in the Presence of: ~~v~ (SEAL) Er~L-+ "I~" INRE: ESTATE OF GEORGE ROSS, DECEASED, LATE OF WEST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ORPHANS' COURT DIVISION NO. 21-02-0901 CONSENT AND JOINDER OF PARTIES I, the undersigned, being an interested party and beneficiary under the Last Will and Testament of George Ross, Deceased, hereby consentto the purchase of a 1997 Cadillac vehicle, by Jack E. Nace, for the sum of$13,800.00. IN WITNESS WHEREOF, the undersigned has hereunto set his hand and seal this day of Signed, Sealed and Delivered in the Presence of: ~ ~.JP~ /Y/!/~l3d E rfb-sy (SEAL) Mildred E. Ross Er LL-I- IIBII INRE: ESTATE OF GEORGE ROSS, DECEASED, LATE OF WEST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-02-0901 CONSENT AND JOINDER OF PARTIES 1, the undersigned, being an interested party and residuary beneficiary under the Last Will and Testament of George Ross, Deceased, hereby consent to the purchase of a 1997 Cadillac vehicle, by Jack E. Nace, for the sum of$13,800.00. cd j:. WITNESS WHEREOF, the undersigned has hereunto set his hand and seal this J day of (;)JI>~ ' ?w3. Signed, Sealed and Delivered in the Presence of: ~-..::}.~ f.y-LLJ "is II INRE: ESTATE OF GEORGE ROSS, DECEASED, LATE OF WEST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-02-0901 CONSENT AND JOINDER OF PARTIES I, the undersigned, being an interested party and residuary beneficiary under the Last Will and Testament of George Ross, Deceased, hereby consent to the purchase of a 1997 Cadillac vehicle, by Jack E. Nace, for the sum of$13,800.00. IN WITNESS WHEREOF, the undersigned has hereunto set his hand and seal this -Z- dayof Jf~ ' ~~ Signed, Sealed and Delivered in the Presence of: ~ l~ (SEAL) Arnold Ross Roher Eytv--~'+ "S I, INRE: ESTATE OF GEORGE ROSS, DECEASED, LATE OF WEST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY,PENNSYLVA}ijA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-02-0901 CONSENT AND JOINDER OF PARTIES I, the undersigned, being an interested party and residuary beneficiary under the Last Will and Testament of George Ross, Deceased, hereby consent to the purchase of a 1997 Cadillac vehicle, by Jack E. Nace, for the sum of $13,800.00. 5 ~TNESS WHEREOF, the undersigned has hereunto set his hand and seal this dayof ;;J,4NM/..>cf ,~(] >. Signed, Sealed and Delivered in the Presence of: ~f)J'P~ E t./ .+ ,( ell f.. vL/Q_A.. INRE: ESTATE OF GEORGE ROSS, DECEASED, LATE OF WEST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-02-0901 CONSENT AND JOINDER OF PARTIES I, the undersigned, being an interested party and residuary beneficiary under the Last Will and Testament of George Ross, Deceased, hereby consent to the purchase of a 1997 Cadillac vehicle, by Jack E. Nace, for the sum of$13,800.00. IN WITNESS WHEREOF, the undersigned has hereunto set his hand and seal this / sf day or!h.tv. ('J. ~3. Signed, Sealed and Delivered in the Presence of: ~~F~ -_~Z~W) p~ (SEAL) c..rhomas Walter Ross 3-DI-03 F-,,/uJ,...:}' 'I {?/' INRE: ESTATE OF GEORGE ROSS, DECEASED, LATE OF WEST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-02-0901 CONSENT AND JOINDER OF PARTIES I, the undersigned, being an interested party and residuary beneficiary under the Last Will and Testament of George Ross, Deceased, hereby consent to the purchase of a 1997 Cadillac vehicle, by Jack E. Nace, for the sum of $13,800.00. . cf., IN WITNESS WHEREOF, the undersigned has hereunto set his hand and seal this <t day of (fA- . , Joo '} . Signed, Sealed and Delivered in the Presence of: S&Q.i. Q~ P,. 0 ~~ ~y< y~ Raymond E. Rueck (SEAL) Ey:J.:. Lj IIBIl INRE: ESTATE OF GEORGE ROSS, DECEASED, LATE OF WEST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-02-0901 CONSENT AND JOINDER OF PARTIES I, the undersigned, being an interested party and beneficiary under the Last Will and Testament of George Ross, Deceased, hereby consent to the purchase of a 1997 Cadillac vehicle, by Jack E. Nace, for the sum of $13,800.00. IN WITNESS WHEREOF, the undersigned has hereunto set his hand and seal this day of '7;-;. f~ (SEAL) LL.L+ ''fJ,'' INRE: ESTATE OF GEORGE ROSS, DECEASED, LATE OF WEST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-02-0901 CONSENT AND JOINDER OF PARTIES I, the undersigned, being an interested party and residuary beneficiary under the Last Will and Testanlent of George Ross, Deceased, hereby consent to the purchase of a 1997 Cadillac vehicle, by Jack E. Nace, for the sum of$13,800.00. i l-\.oh IN WITNESS WHEREOF, the undersigned has hereunto set his hand and seal this 'I day of 1(l.A1\lA.a...v'i ' JoO?J . Signed, Sealed and Delivered tt in the Presen e of: AV\V) h Mwld ~~ ~;f,n;i, rf/,I'Jut (SEAL) Catherine Elizabeth Hewlett NCT~ mAL SE~L Ann G. 1,~~:d::'ett, h)tary Pl!b';c Humr;,el;;;u "" Bore, Dauph;n COi.:~'y ~::j c.c:"n:~si;:l c__.:~i[es July;::, 2':;.;,,) \ _..~_.- '""'~",-.,.." ' ~._"~'-'- Ex j~ h ~ t "(j I' INRE: ESTATE OF GEORGE ROSS, DECEASED, LATE OF WEST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY,PENNSYLVANU\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-02-0901 CONSENT AND JOINDER OF PARTIES I, the undersigned, being an interested party and residuary beneficiary under the Last Will and Testament of George Ross, Deceased, hereby consent to the purchase of a 1997 Cadillac vehicle, by Jack E. Nace, for the sum of$13,800.00. .j ) re- IN WITNESS WHEREOF, the undersigned has hereunto set his hand and seal this r day of :J~ v7 ' ;}ool Signed, Sealed and Delivered in the Presence of: yn";/..I.lv Jr;. V~ d4A ~~. Alice Mary RO~ (SEAL) i=v:LL+ "13" INRE: ESTATE OF GEORGE ROSS, DECEASED, LATE OF WEST PENNSBOROTOWNSHW,CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-02-0901 CONSENT AND JOINDER OF PARTIES I, the undersigned, being an interested party and residuary beneficiary under the Last Will and Testament of George Ross, Deceased, hereby consent to the purchase of a 1997 Cadillac vehicle, by Jack E. Nace, for the sum of $13,800.00. IN WITNESS WHEREOF, the undersigned has hereunto set his hand and seal this 3 daYO~ ,~. Signed, Sealed and Delivered in the Presence of: ~~~~ ,-%\1.-- L ~ (SEAL) GafL. Theesfeld CLL+ /f&" F:\FILES\DA T AFILE\EST A TES\I 037fi..-l-petition.car JUN 1 1 Z003 fY IN RE: ESTATE OF GEORGE ROSS, DECEASED, LATE OF WEST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY,PENNSYLVA~ :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, :PENNSYLV~ :ORPHANS' COURT DIVISION :NO.21-02-0901 ORDER OF COURT AND NOW, this I" day of 1'-- , ;;2(J(U , upon consideration of the within Petition, it is hereby ordered and decreed that Jack E. Nace, Co-Executor ofthe Estate of George Ross, deceased, is authorized to purchase personal property consisting of a 1997 Cadillac vehicle for the sum of $13,800.00, and Catherine Elizabeth Hewlett, co-Executrix, is authorized to execute the Certificate of Title and any and all transfer documents, for the conveyance of said personal property to Jack E. Nace. BY THE COURT, I'lJ J. , /7- C'''\ /-" / ,~', - I L-- REV.UMU........) *' REV -1500 INHERITANCE TAX RETURN RESIDENT DECEDENT FILE NUMBER 21 02 COUNTY CODE YEAR SOCIAL SECURITY NUMBER 00901 NUMBER COMMONWEALTH OF PENNSYLVANIA DEPARTMENT Of REVENUE DEPT. 280601 HARRISBURG. PA 17128-0601 !z W o W " W o OECEDENrs NAME (LAST, FIRST, AND MIDDLE INITIAL) ROSS, GEORGE DATE OF DEATH (MM-DD-YEAR) DATE OF BIRTH (MM-DD-YEAR) 10/0112002 03/26/1917 (IF APPLICABLE) SURVIVING SPOUSE'S NAME (LAST, FIRST AND MIDDLE INITIAL) W ... ~~~ ~~8 ,,:i1~ ~.. i'< ,. Original Return 0 2. Supplemental Return 4. Limited Estate 0 6. Decedent Died Testate (Attach copy 0 of Will) 9. litigation Proceeds Received 0 .;!z ll!W ",0 OZ ,,~ ME Ivo V. Otto III, Esquire lRM NAME (If applicable) Martson Deardorff WiJliams & Otto ELEPHONE NUMBER 717/243-3341 1. Real Estate (Schedule A) 2. Stocks and Bonds (Schedule B) 3. Crosely Held Corporation, Partnership or Sole~Proprietorship 4. Mortgages & Notes Receivable (Schedule D) 5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) 6. Jointly OWned Property (Schedule F) ~ 0 Separate Billing Requested ~ 7. tnter-Vivos Transfers & Miscellaneous Non-Probate Property ~ (Schedule G or L) ~ 8. Total Gross Assets (total Lines 1~7) " ~ 9. Funeral Expenses & Administrative Costs (Schedule H) 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) 11. Total Deductions (total Lines 9 & 10) 12. Net Value of Estate (Line 8 minus Line 11) ~ OFFICIAL uSE ONLY 209-10-1776 THIS RETURN MUST BE FILED IN DUPUCATE WITH THE REGISTER OF WILLS SOCIAL SECURITY NUMBER o 3. Remainder Return (dale of death priOl" to 12-13-82) ~ 5. Federal Estate Tax Return Required o 8. Total Number of Safe Deposit Boxes o 11.Election to tax under Sec. 9113(A) (Attach Sch 0) Ten East High Street Carlisle, PA 17013 (1) J' . OFFICIAL USWNl Y Nons 8 ~)'l' -< (2) 78,600.0~t' ~- (3) None e-=: :z (4) 3,573.27 N (?I (5) 1,155,942.79 (6) None.' I,:~j N (7) 23,000.00 (8) 1,261,116.06 (9) 71,996.97 (10) 11,361.97 (11) 83,358.94 (12) 1,177,757.12 (13) 13. Charitable and Governmental Bequests/See 9113 Trusts for which an election to tax has not been made (Schedule J) 14. Net Value Subject to Tax (Line 12 minus Line 13) (14) 1,177,757.12 SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES 15.Amount of Line 14 taxable at the spousal tax rate, x .00 (15) or transfers under Sec. 9116(a)(1.2) Z .045 (16) 0 16.Amount of Line 14 taxable at lineal rate x !i 5 (17) ~ 17.Amount of Line 14 taxable at sibling rate 100,000.00 x .12 12,000.00 ~ u ~ 18. Amount of Line 14 taxable at collateral rate 1,077,757.12 x .15 (18) 161,663.57 , 9. Tax Due (19) 173,663.57 CHECK HERE IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT 20. JgI ~~ .. '.fJRa;~"~~_'.'~ . "'-'j,_~' "-~<1,,' _ ,";p~i,",~~rsE~S '1' _ ',. _ - _ '. _ ., _ _ _ - _ . . <..;,>, ,;Y;J:"" ,J" -'. - , - '.: Copyright 2000 form software only The Lackner Group, Inc. Form REV.1500 EX (Rev. 6.QOI Decedent's Complete Address: STREET ADDRESS 47 Hemlock Circle CITY Newville I STATE PA [ZIP 17241 Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) 2. Credits/Payments A. Spousal Poverty Credit B. Prior Payments C. Discount (1) 173,663.57 170,000.00 8,683.18 Total Credits (A + 8 + C) (2) 178,683.18 3. InteresVPenalty if applicable D. Interest E. Penalty Total InteresUPenalty (0 + E) (3) 4. If Line 2 is greater than Line 1 + Line 3. enter the difference. This is the OVERPAYMENT. (4) Check box on Page 1 Line 20 to request a refund 5. If Une 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) A. Enter the interest on the tax due. (SA) 8. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (58) Make Check Payable to: REGISTER OF WILLS, AGENT 0.00 5,019.61 0.00 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? ......... 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? ...................................................................................................................... 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;.................................................................................. ~ I ~.. ~::::~ ~h~e~~~i~~:~s:~;e~~es;:~..~~~.I~.~~~.~~~.:.~.~.~.~.~~~~~~~~~~.~~.i.~.~~~~~~::::::::::............................:::::::::::: d. receive the promise for life of either payments, benefits or care? .............................................................. 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? ..................................................................................,..........................,......... ~ o o o 181 181 IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FilE IT AS PART OF THE RETURN. preparer other than the personal representative Is based on all infonnation of which preparer has any knowledge. SIGNATURE OF PERSON RESPONSIBLE FOR FILING RETURN ADDRESS Cather e E. Hewlett DATE .W-M 863 Linden Road Hershey, P A 17033 ADDRESS 808 Walnut Lane Carlisle, PA 17013 l:e ADDRESS Ten East High Street Carlisle, PA 17013 (,\1.s\\)) For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 3% [72 P.S. ~9116 (a) (1.1) (i)). For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0% [72 P,S. ~9116 (a) (1.1) (Ii)). The statute does not exemot 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 spause is the anly beneficiary. Far dates of death on ar after July 1, 2000: The tax rate impased on the net value of transfers from a deceased child twenty-ane 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% [72 P.S. ~9116 (a) (1.2)]. The tax rate imposed on the net value of transfers to or far the use afthe decedent's lineal beneficiaries is 4.5%, except as noted in 72 P.S. ~9116 1.2)[72 P.S. ~9116 (a)(1)]. The tax rate imposed on the net value aftransfers to ar far the use of the decedent's siblings is 12% [72 P,S. ~9116 (a) (1.3)]. A sibling is defined, under Section 9102, as an individual who has at least ane parent in common with the decedent, whether by blood ar adaption. . SCHEDULE B STOCKS & BONDS COMMONWEALTH OF PENNSYlVANIA INHERrTANCE TAX RETURN RESIDENT DECEDENT ESTATE OF ROSS, GEORGE I FILE NUMBER 21 - 02 - 00901 All property jolntly~wn8d with right of survivorship must be disclosed on Schedule F. ITEM DESCRIPTION UNIT VALUE VALUE AT DATE OF NUMBER DEATH I 400,000 shares, Clinical Analysis Corp. (Value per appraisal attached) 78,600.00 TOTAL (Also enter on line 2, Recapitulation) 78,600.00 " *' SCHEDULE D MORTGAGES & NOTES RECEIVABLE ~~TH~PW"~~~~ INHERITANCe TAX RETURN RESIDENT DeCEDENT ESTATE OF ROSS, GEORGE I FILE NUMBER 21 - 02 - 00901 All property jointly-owned with the right of survivorship must be disclosed on Schedule F. ITEM NUMBER I DESCRIPTION VALUE AT DATE OF DEATH 1,723.76 Promissory note,dated 8/5/92 from Coon and Johnston, face value $87,745 @ 9.5% ($1710.23 principal, $13.53 interest due) 2 Promissory note dated 8/5/92 Coon and Johnston, face value $94,159 @ 9.5% ($1834.98 principal, $14.53 interest). 1,849.51 TOTAL (Also enter on Line 4, Recapitulation) 3,573.27 . SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIOENTDECEDENT ESTATE OF ROSS, GEORGE I FILE NUMBER 21 - 02 - 00901 Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointly-owned with the right of survivorship must be disclosed on schedule F. ITEM NUMBER I DESCRIPTION VALUE AT DATE OF DEATH 15,886.35 Proceeds from sale of2000 shares of Oracle Corp. on 10/01102 2 Proceds from sale of 600 shares of Net Bank on 10/01102 6,250.46 3 Proceeds from sale of 152.044 shares of Motorola Inc. on 10/01/02 1,524.76 4 Proceeds from sale of350 shares of Microsoft on 10/01102 15,162.59 5 Proceeds from sale of726.444 shares ifIBM on 10/01102 42,998.75 6 Proceeds from sale of 1,122.586 shares of General Motors Corp. on 10/01/02 43,418.36 7 Proceeds from sale of743.828 shares of Delphi Corp. on 10/01102 6,265.20 8 Proceeds from sale of 1,000 shares of Norlel Networks Corp. on 10/01102 510.03 9 Proceeds from sale of 100 shares of Crown Castle Intl Corp. on 10/01102 195.04 10 USAA Tax Exempt Money Market Fund #46901115036, 642,386.43 11 Proceeds from sale of 1360.242 shares of ARTISAN INTL FD on 10/01102 19,533.08 12 Proceeds from sale of 6291.517 shares of Berger Mid-Cap Value FD, Investor Shares, on 10/0 1102 87,577.92 13 Proceeds from sale of799.671 shares of Schwab INTL Index FD, on 10/01102 7,948.73 14 Proceeds from sale of 1253.275 shares of Schwab 1000FD-Select SHS, on 10/01/02 30,341.79 15 Proceeds from sale of315 shares of Biomet Inc., on 10/01102 8,232.40 16 Proceeds from sale of 11519.2764 shares ofNUVEEN PENN PREM INCM II, on 10/01102 172,704.89 17 Accrued dividends on Schwab Muni Money Fund 38.25 18 Cash in Schwab Account 161.90 19 Adams County National Bank, checking account # 221767 18,070.18 20 Cash on hand 784.00 Total of Continuation Schedule{s) TOTAL (Also enter on Line 5, Recapitulation) 35,951.68 1,155,942.79 *' SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY continued COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF ROSS, GEORGE I FILE NUMBER 21 - 02 - 00901 Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointly-owned with the right of survivorship must be disclosed on schedule F. ITEM NUMBER 21 DESCRIPTION VALUE AT DATE OF DEATH 1,816.50 Personal property retained by heirs, appraised value 22 Rowes Auction, proceeds from sale of personal property 698.50 23 Betty Hewlett, proceeds of sale of personal property 150.00 24 1997 Cadillac, appraised value 13,800.00 25 Jewelry, appraised value 1,846.00 26 4 cemetery plots, National Memorial Park 1,600.00 27 Miscellaneous interest 525.00 28 Patriot News, subscription refund 54.75 29 Blue Shield, reimbursement 430.05 30 USAA Credit Card, credit balance on account 325.00 31 Accrued dividends received in USAA account 58.15 32 Nuveen Penn Prem Inc Fd, 10/1102 dividend 869.71 33 USAA Subscriber's Savings Account, refund 1,398.52 34 Citibank, refund 87.61 35 Masland Associates, refund 29.55 36 Deposit to Adams County National Bank checking account in process at death 1,248.34 37 2002 federal income tax refund 10,790.00 38 2002 P A income tax refund 199.00 39 Carlisle Regional Medical Center, refund 25.00 Page 2 of Schedule E '* SCHEDULE G INTER-VIVOS TRANSFERS & MISC. NON-PROBATE PROPERTY COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF ROSS, GEORGE FILE NUMBER 21 - 02 - 00901 This schedule must be com Dieted and filed If the answer to any of questions 1 throuah 4 on Daae 2 is vas. ITEM DESCRIPTION OF PROPERTY DATE OF DEATH %OF NUMBER Include the name of the transferee, their relationship 10 decedent and the date of transfer. VALUE OF ASSET DECD'S EXCLUSION TAXABLE VALUE Attach a copy of the deed for real estate. INTEREST (IF APPLICABLE) I 11/14/01 contribution of$35,000 to Minor's Trust under 35,000.00 12,000.00 23,000.00 Agreement effective 6/1/01 distributed as follows: $10,000 each to Alicia Christine Hewlett, Scott McAllister Hewlett, and Lindsay Michelle Hewlett; $5,000 to Nathan Kalb Roher, grandnieces and grandnephews of decedent. TOTAL (Also enter on line 7, Recapitulation) 23,000.00 *' SCHEDULEH FUNERAL EXPENSES & ADMINISTRATIVE COSTS COMMONWEALTH OF PENNSYLVANIA INHERffANCE TAX RETURN RESIDENT DECEDENT ESTATE OF ROSS, GEORGE I FILE NUMBER 21 - 02 - 00901 Debts of decedent must be reported on Schedule I. ITEM DESCRIPTION NUMBER AMOUNT A. FUNERAL EXPENSES: 1 Egger Funeral Home, Newville, P A 4,943.09 2 Funeral luncheon expenses 419.62 3 Bus rental, to Arlington National Cemetery 600.00 B. ADMINISTRATIVE COSTS: 40,000.00 1. Personal Representative's Commissions Catherine E. Hewlett Jack E. Nace Social Security Number(s) I EIN Number of Personal Representative(s): Street Address 863 Linden Road City Hershey State PA Zip 17033 - Year(s) Commission paid 2002 and 2003 2. Attorney's Fees Martson Deardorff Williams & Otto (estimated) 20,000.00 3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Street Address City State Zip Relationship of Claimant to Decedent 4. Probate Fees Cumberland Co. Register of Wills 556.00 5. Accountant's Fees 6. Tax Return Preparer's Fees Jack E. Nace, 2002 individual income tax returns 750.00 7. Other Administrative Costs I Mountz Jewelers, apprasial 350.00 2 Rowes Auction, auction expense 243.50 Total of Continuation Schedule(s) 4,134.76 TOTAL (Also enter on line 9, Recapitulation) 71 ,996.97 *' Scheckde H FuneralExpet ses& Mninistrative Costs continued COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF ROSS, GEORGE I FILE NUMBER 21 - 02 - 00901 3 Robin S. Wintz, CPA, appraisal of Clinical Analysis stock 1,600.00 5.09 II J.7 4 29.99 8.50 12.00 100.31 75.00 75.00 11.84 15.00 15.00 41.00 399.68 48.00 80.59 6.02 1,500.00 4 Phillips Office Supply, photocopies 5 Postage and mailing supplies 6 The Sentinel, advertising sale of vehicle 7 Charles Schwab, courier fee 8 USAA, wire fee 9 The Sentinel, advertising Letters Testamentary 10 Cumberland Law Journal, advertising Letters Testamentary II Rowes Antiques, appraisal of personal property 12 UPS, overnight mail 13 Register of Wills, short certificates 14 Register of Wills, filing fee, inheritance tax return 15 Adams County National Bank, fees 16 USAA, vehicle insurance pending disposition 17 SoIlenberger's Messenger Service, registration fee for vehicle 18 Graham Motors, headlight repair 19 Adams County National Bank, checkbook charges 20 Reserved for additional probate fees, filing fees for accounting and miscellaneous expeoses Page 2 of Schedule H *' SCHEDULE I DEBTS OF DECEDENT, MORTGAGE LIABILITIES, & LIENS COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF ROSS, GEORGE I FILE NUMBER 21 - 02 - 00901 Include unrelmbursed medical expenses. ITEM NUMBER I Direct TV DESCRIPTION AMOUNT 40.23 2 Carlisle Regional Medical Center 100.00 3 Central Penn Medical 11.48 4 Continuing Care PX, drugs 1,004.16 5 Graham Medical Clinic 15.00 6 Hershey Medical Center 100.00 7 J. Edward Dagen, MD 3.34 8 Masland Associates 89.55 9 Medco Health, drugs 10.00 10 MSHMC Physicians 78.35 II Newville Community Ambulance Service 909.00 12 Nursefmders, nursing care 3,941.50 13 Moffitt Heart & Vascular Service 16.37 14 Omega Medical Labs 13.08 15 Stoken Ophthahnology 15.00 16 ProMed Services, ambulance service 360.75 17 Swaim Nursing Home, telephone 90.20 18 West Shore EMS, ambulance paramedic charge 457.40 19 Wilson Street Internal Medicine 45.31 20 AT&T Universal Card, payment on account 9.00 Total of Continuation Schedule(s) TOTAL (Also enter on Line 10, Recapitulation) 4,052.25 11,361.97 *' SCHEDULE I DEBTS OF DECEDENT, MORTGAGE LIABILITIES, & LIENS continued COIJMQNWEALTH OF PENNSY\...V...NI... INHERrTANCE TAX RETURN RESIDENT DECEDENT ESTATE OF ROSS, GEORGE I FILE NUMBER 21 - 02 - 00901 Include unreimbursed medical expenses. ITEM NUMBER 21 DESCRIPTION AMOUNT 909.00 Jack E. Nace, accounting and financial services through 9/30/02 22 Jack E. Nace, attorney-in-fact services through 9/30/02 1,920.00 23 Jack E. Nace, estate plauning services through 9/30/02 1,125.00 24 PPL Utilities, payment on account 77.18 25 USAA, balance on renter's insurance premium 17.07 26 USAA, iosurance policy service charge 4.00 Page 2 of Schedule I REV.1513 EX+ (9-00) . SCHEDULE J BENEFICIARIES COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF ROSS, GEORGE I FILE NUMBER 21 - 02 - 00901 RELATIONSHIP TO AMOUNT OR SHARE NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY DECEDENT OF ESTATE I. TAXABLE DISTRIBUTIONS (include outright spousal distributions) I Jack E. Nace, Trustee fbo Helen Hobbie Friend 300,000.00 808 Walnut Lane,Carlisle, PA 17013 2 Jeremiah W. Ross Nephew 10,000.00 4747 N. Woodrow Ave., #126, Fresno, CA 3 Joshua L. Ross Nephew 10,000.00 410 S. Clementine St., Apt. #203, Anaheim, CA 4 Joseph R. Ross Nephew 10,000.00 11631 Moen St., Anaheim, CA 5 Violet M. Roher Sister 50,000.00 301 Crooked Billet Rd., Hatboro, PA 6 Mildred E. Ross Sister 50,000.00 402 W. Miner St., West Chester, PA See Continuation Schedule(s) attached Enter dollar amounts for distributions shown above on lines 15 through 18, as appropriate, on Rev 1500 cover sheet II. NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OF PART 11- ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET . SCHEDULE J BENEFICIARIES continued COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF ROSS, GEORGE I FILE NUMBER 21 - 02 - 00901 RELATIONSHIP TO AMOUNT OR SHARE NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY DECEDENT OF ESTATE Do Not List Trustee(.) I. AXABLE DISTRIBUTIONS [include outright spousal distributions, and transfers under Sec. 9116(0)(1.2)J 7 Douglas Adrian Roher Nephew 1/7 estate residue 5467 Clymer Rd., Quakertown, P A 8 Arnold Ross Roher Nephew 1/7 estate residue 1392 SW End Blvd., Quakertown, PA 9 Alice Mary Roher Niece 1/7 estate residue 35A Dale Ave., Johnston, RI 10 Philip N. Roher Nephew 1/7 estate residue 30 I Crooked Billet Rd, Hatboro, P A 11 Thomas Walter Ross Nephew 1/7 estate residue 1345 Chase St., Lakewood, CO 12 Raymond E. Rueck Nephew 1/7 estate residue RR 2, Box 154, Onarga, IL 13 Gale L. Theesfeld Niece 1/7 estate residue 503 Park View Dr., Gilman, IL Page 2 of Schedule J " VALUATION REPORT 400,000 Common Shares Of Clinical Analysis Corporation Held by the Estate of George Ross As of October 1, 2002 Robin S. Wintz CPA MBA ft,~ IJ~ 1'1M 5583 Wagner Road Coopersburg, Pennsylvania 18036 Phone: 610-966-2383 Email: wintz@ptd.net SCH "15'1 (,I'I) George Ross Estate: CAC Stock Valuation June 16, 2003 OVERVIEW On November 21, 1999, George Ross purchased 400,000 shares (the Block) of unregistered common stock of Clinical Analysis Corporation (the Company) for $150,000 cash. The interest represented approximately a three percent holding. At the time of the purchase, the company was in a development stage and had not yet commenced operations. Mr. Ross died on October 1, 2002 with this investment being part of his remaining estate. This report presents a valuation of the Block at the date of death. PURPOSE, STANDARD AND PREMISE OF VALUE The purpose of this valuation is to provide a record of value for gift tax and estate planning purposes, regardless of whether gift or estate tax returns are filed. The standard of value used for gift and estate tax purposes is "Fair Market Value", defined in IRS Revenue Ruling 59 - 60 as "the price at which the property would change hands between a willing buyer and a willing seller, when the former is not under any compulsion to buy, and the latter is not under any compulsion to sell, both parties having reasonable knowledge of relevant facts." In accordance with this, the IRS states that the following factors should be considered: a) Nature of the business and the history of the enterprise b) The economic outlook in general and the condition and outlook of the specific industry in particular c) The book value of the interest to be valued and the financial condition of the business d) e) f) g) h) The earning capacity of the enterprise The dividend paying capacity of the enterprise Whether or not the enterprise has goodwill or other intangible value Sales of interests and the size of the block of interest to be valued The market price of interests of enterprises engaged in the same or a similar line of business having interests actively traded in a free and open market These factors have been considered in this valuation. As the Company had not yet started operations at the valuation date, factors d), e), f), and h) do not apply. There are no earnings, dividend paying capacity, excess earnings to generate goodwill, or any history of results that can be used to make valid market comparisons. The valuation approach has been selected accordingly. The premises of value are that the Company was not yet a going concern, and the interest being valued lacks control. BUSINESS COMPARISON In the business plan available to the investor at the time of the purchase, the Company was described as "a development stage company that was formed in May 1997, to develop, manufacture, and market an innovative, and portable, instrument which uses light and electrical properties to perform blood chemistry analysis." A five-year pro-forma set of financial statements indicated positive cash flow and profits by year 3, with revenues growing to $37.1 million by the end of year 5. 1 B {zl'1 } , George Ross Estate: CAC Stock Valuation June 16, 2003 Oriqinallnvestment (September 1999\ Key pro-forma financial information available to the investor is presented in the following table: Pro Forma Information Presented to Investor Released in September 1 999 Cash Flow Netlncome Net 800kValue Revenue Year1 (1,815,695) (1,814,913) 685,087 20,000 Year2 (1,918,766) (1,576,944) 1,108,143 1,020,000 Year3 427,107 1,623,407 2,731,550 5,815,000 Year4 1,780,353 6,528,417 9,259,967 24,685,000 Year5 7,035,283 10,088,783 18,358,760 37,092,500 The 1999 business plan is based on a price of $2,500 per medical device. The average price in a May 2001 pro-forma income statement was $3,500 per device. The original investment made in 1999 by Mr. Ross was speculative. At the purchase date, the company had not realized any sales. Available financial information was limited to pro-forma statements of income, cash flows and balance sheet. The block of stock purchased represented a minority interest that lacked control, and did not possess the marketability of investment alternatives for registered common stock of other companies. Assuming this purchase met the test of a fair market value transaction, it can be inferred that the price paid by Mr. Ross represented fair market value for the Block purchased on the purchase date. Updated Investment Information (October 2002\ The Company had failed to meet original projections for product development and approval, clinical trials, and a host of other predicates necessary to become a viable company. It had not yet brought the product to market. There are no financial results that can be used for market comparison, discounted cash flow analysis, or other generally applied methods of determining FMV. A balance sheet as of the valuation date is also not available to a 3 percent shareholder, eliminating the possibility of adjusting book value. Therefore, the approach to determining the FMV at the valuation date for the subject investment will be to view the original acquisition price of the Block as representative of FMV at that date, and adjust that value forward to the valuation date. The adjustments will consider recent company history with respect to the plan, a comparison of economic and financial conditions between the original stock purchase date and the vaiuation date, and a comparison of broad investment indices for the same periods of time. ECONOMIC AND FINANCIAL CONDITIONS Economic Conditions - As reported in Julv 1999 The Federal Reserve reported that the economy "has continued to perform well in 1999". At that time, economic indicators indicated continuation of a nine year expansion, with increasing productivity and an unemployment rate at its lowest since 1970. Inflation was not a concern and 2 13 (sJc;) George Ross Estate: CAC Stock Valuation June 16, 2003 the Federal Open Market Committee increased the Fed Funds rate from 4 % percent to 5 percent. Projections for 1999 and 2000 were for sustained, solid economic expansion. The real gross domestic product growth rate from the fourth quarter of 1998 to 1999 was 3 Y, percent to 3 % percent, with 2 Y, percent to 3 percent forecast for 2000. Investor optimism encouraged the buying of private securities. A previous decline in Treasury yields, considered the safest and most liquid assets, was reversed. Economic Conditions - 2000 and 2001 Signs of economic slowdown became apparent in late 2000, and the decline intensified into 2001. The business sector reduced actual and planned capital expenditures as current and forecast sales volume dropped. Manufacturers were sitting on excess inventory, and responded by cutting production, ultimately leading to job losses. With no sign of an inflation problem, the Federal Reserve attempted to counter the ongoing weakness by culling the federal funds rate, bringing the cumulative reduction in that rate to 3 percentage points by August. The events of September 11th further hurt an already fragile economy and the Federal Reserve took actions to maintain liquidity in the financial systems, and led the Federal Open Market Committee to cut the target federal funds rate the following week and at each meeting for the rest of the year. Companies also responded to the event by further cutting back production and reducing payrolls. Hardest hit were manufacturing and industries related to travel, hospitality and entertainment. Measures of consumer confidence fell after the attacks, but by November it was apparent that the economic impacts of the attacks were less severe than initially anticipated. By the end of the 2001, businesses had liquidated much of the excess inventory. This, coupled with planned production cuts, set the stage for a subsequent recovery. Consumer demand remained strong, due in large part to low interest rate incentives offered by automobile manufactures. Due to lower interest rates on home mortgages the housing industry remained strong. Many consumers took advantage of refinancing opportunities, making additional funds available for spending in other sectors. Tax cuts enacted earlier in the year, including rebates paid during the summer and fall, further softened the economic downturn. The equity markets continued to languish. Economic Conditions - As reported in Julv 2002 The Federal Reserve reported that economic activity in the United States picked up in the first half of 2002. This was in part attributed to aggressive monetary policy decisions that lowered the federal funds rate to 1 % percent, the lowest level in forty years. A 3 Y, percent to 3 % percent increase in real GDP was forecast for the four quarters of 2002. Despite this, depressed equity prices reflected a questioning by investors as to the strength of the rebound in the economy, uncertainty regarding prospective corporate profits, and increasing geopolitical tensions. 3 f, (<~/'1) George Ross Estate: CAC Stock Valuation June 16, 2003 Comparative Investment Indicators S&P 500 (20D day average) Dow Jones Industrials Nasdaq Composite S&P MidCap 4DD S&P SmallCap 600 Technology Sector S&P 50D PIE Ratio (Next 12 mas) 90-Day Treasury Notes N ov-99 Oct-02 Change 1,323.8 1 ,043.4 -212% 10,995.6 7,841.8 -28.7% 3,342.9 1,222.3 -63.4% 419.7 413.9 -1.4% 1837 188.2 2.4% 768.8 4040 -47.5% 24.8 15.4 -37.9% 5.26% 1.64% -68.8% Indicator With the exception of the S&P SmallCap 600 and MidCap 400, the leading stock indicators have shown major losses in market value from November 1999 to October 2002. Further analysis of small company returns, as reported by Ibbotson, indicated a significant increase in total returns during the last quarter of 2001 of 21.6 percent, followed by a 16.4 percent decline during the first 10 months of 2002. The technology sector was particularly hard hit losing more than two-thirds of its value over the three year period. Over that same period, the rate offered on 90-Day Treasury Notes fell by over two-thirds from 5.26 percent to 1.64 percent. Despite a historically low cost of funds, investors pulled away from the equities markets with substantial losses of market value. DISCOUNTS FOR LACK OF CONTROL AND MARKETABILITY Depending upon approaches taken to valuing a security, various discounts may be appropriate. Typically, when publicly traded securities are used to derive market comparison data for application to a closely held or unregistered security, a discount for lack of marketability is applied. When the size of the interest being valued is less than that necessary to exercise control over management decisions, usually less than a 50 percent interest, a discount for lack of control is applied. The approach taken to value this security begins with a value established through a transaction involving an unregistered security that lacks control. Therefore, the two discounts discussed above do not apply. VALUATION ANALYSIS The valuation decision is whether an investor, in a fair market value transaction, would have paid more or less for the subject investment in October 2002 than the original price established in the November 1999 transaction. The determination is based on the following summarized facts and analysis. Management has not demonstrated its ability to achieve its plan within the original timeframe. It appears that the Company is at least two years behind schedule. It is attempting to compete in an industry in which the achievement of early success is necessary to accumulate sufficient market share to leverage economies of scale. The revised plan is projecting sales based on a unit price for its products that is 40 percent higher than the original plan, in an industry that has continued to demonstrate an ability to provide increasing functionality with ever decreasing cost. 4 is (51q) George Ross Estate: CAC Stock Valuation June 16, 2003 Between 1999 and 2002, the general economy underwent a major shock that led to general economic malaise, with limited signs of a turnaround beginning during 2002. Unprecedented iow interest rates failed to bolster the equities market. Between 1999 and 2002, the investment markets, in particular equities, experienced severe declines in value. Across the board, the fair market value of equity investments feli, with the technology sector being one of the most effected. The conclusion reached is that the fair market value of the block being valued is considerably less at October 2002 than at November 1999. This has been quantified in the form of discounts to the original purchase price as foliows: Financial market decline 300% Note 1 General economic conditions 20.0% Note 2 Missed plan timeline 15.0% Note 3 Totai discount (Note 4) 476% Note 4 Note 1: Based on comparative indicators ranging from 2.4% to -63.4% Note 2: Estimated effect of economy on specuiative investment Note 3: Loss of confidence in business plan and window of opportunity Note 4: Discounts are cumulative and not additive [(1-30%)"(1-20%)"(1-15%)] The total discount is applied as foliows: Initial FMV value at November 1999 $ 150,000 71 ,400 Discounts applied (476% x $150,000) Estimated FMV at valuation date $ 78 ,600 CONCLUSION OF VALUE In conclusion, the estimated fair market vaiue of the original $150,000 investment, representing a minority interest that lacks control, is $78,600. Seventy-Eight Thousand Six-Hundred DOLLARS 5 13 (C,/q) George Ross Estate: CAC Stock Valuation June 16,2003 Information Sources Information for this vaiuation was obtained from the following sources: Stocks, Bonds, Bills, and Inflation, Valuation Edition; Ibbotson Associates; 2003 Yearbook Monetary Policy Reports Congress; Submitted on July 22, 1999 and July 16, 2002 Business Week Investor for November 1999 and October 2002 Business Plan for Clinicai Analysis Corporation (CAG) for September 1999 Confidential Descriptive Memorandum from Merrill Lynch for CAC as of May 2001 Copy of Stock Certificate evidencing the subject investment General back-round information through phone call with Jack Nace 6 B (7/0) . George Ross Estate: CAC Stock Valuation June 16, 2003 Limitina Conditions 1. Market data contained in this report has been obtained from sources considered to be reliable. However, I assume no liability for such sources. 2. Information provided to me has been accepted as correct without further verification, and I express no opinion on that information. 3. Possession of this report, or a copy thereof, does not carry with it the right of publication of all or part of it, nor may it be used for any purpose by anyone but representatives of Mr. Ross without the previous written consent of that representative or me, and in any event, only with proper attribution. 4. I am not required to give testimony in court, or be in attendance during any hearings or depositions regarding the investment value or discounts, unless previous arrangements have been made. 5. The estimated discounts presented in this report apply to this engagement only and may not be used out of the context presented herein. The discounts are valid only for the purposes specified herein. This letter is valid only for the effective date specified herein. 6. This valuation contemplates facts and conditions existing as of the valuation date. Events and conditions occurring after that date have not been considered, and I have no obligation to update my report for such events and conditions. 7. I have assumed that there is full compliance with all applicable federal, state, and local regulations and laws unless otherwise specified in this report. 8 I do not have any present or contemplated future interest in the Company, any personal interest with respect to the parties involved, or any other interest that might prevent me from performing an unbiased valuation. My compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or the use of, this report. 7 g (g)q) , George Ross Estate: CAC Stock Valuation June 16, 2003 Professional Qualifications of the Analyst Robin S. Wintz CPA MBA Academic and Professional Credentials Masters of Business Administration, Accounting/Finance, Drexel University Bachelor of Arts, Gettysburg Coiiege Certified Public Accountant Position and Experience Principal, RSW Consulting Director of Consulting Services, Semaphore, Inc. Senior Analyst, Southeastern Financial Valuations Memberships and Affiliations American Institute of Certified Pubiic Accountants 8 6 ferl,,) F:IFILES\DA T AFILEIEstate PlanningII03761-minOlirusl(Draft#2).2 MINORS TRUST AGREEMENT THIS TRUST AGREEMENT is made this 7'f?- day of :J;4f;",br;2001, but with an effective date of June I, 2001, between GEORGE ROSS, of 47 Hemlock Circle, Newville, Cumberland County, Commonwealth of Pennsylvania (hereinafter, the "Settlor"), and JACK E. NACE, of 808 Walnut Lane, Carlisle, Cumberland County, Commonwealth of Pennsylvania (hereinafter, the "Trustee"). The Settlor hereby transfers to the Trustee the property listed in the attached Schedule" A". Settlor directs the Trustee to hold said property and all other property added to this Trust by Settlor or by others, In Trust, and that property and all investments and reinvestments thereof and additions thereto are herein collectively referred to as the "trust estate" and shall be held upon the following terms: FIRST: The Trustee shall forthwith divide the trust estate into separate equal shares to create one share for each of the following Settlor's grandnieces and grandnephews, namely, KYLE EMORY ROHER, MEREDITH ELLEN ROHER, SCOT ROSS ROHER, GREGORY DALE ROHER, PHILIP ROHER, MITCH A. THEESFELD, KELLY ANN THEESFELD, TYLER ALEXANDER RUECK, KIMBERLY LYNN HEWLETT, ALICIA CHRISTINE HEWLETT, SCOTT MCALLISTER HEWLETT, and LIND SA Y MICHELLE HEWLETT, and a separate one-half(V,) share for Settlor's grandnephew, NATHAN KALB ROHER, because of prior lifetime gifts by Settlor, and each of the aforesaid is herein referred to as a "beneficiary." Each respective share shall be held as a separate trust and disposed of as follows: SECTION I: The Trustee shall pay to or for the benefit of a beneficiary so much or all ofthe income and principal of his or her share as the Trustee deems necessary or advisable from time to time for the specific beneficiary's health, maintenance in reasonable comfort, education (including postgraduate) and best interests, adding to principal any income not so paid, except that after the beneficiary has reached the age of21 years, the Trustee shall pay to or for the benefit of the beneficiary all the income from his or her share in convenient installments, at least annually. SECTION 2: When a beneficiary reaches the age of 21 years, the beneficiary may withdraw any part or all of his or her share. The Trustee shall notify the beneficiary in writing of his or her right of withdrawal. The beneficiary may exercise his or her right of withdrawal only by written request delivered to the Trustee no later than thirty (30) days after the later to Page -1- occur of the Trustee's mailing or delivering of the notice and the beneficiary's attaining the age of 21 years. SECTION 3: After a beneficiary has reached the age of25 years, the beneficiary may withdraw any part or all of his or her share at any time or times by written request delivered to the Trustee. SECTION 4: If a beneficiary dies before receiving his or her share in full, then upon the death of the beneficiary his or her share shall be held in trust hereunder or distributed to or in trust for such appointee or appointees (including the estate of the beneficiary), with such powers and in such manner and proportions as the beneficiary may appoint by his or her will making specific reference to this power of appointment. The Trustee may rely upon an instrument admitted to probate in any jurisdiction as the will of the beneficiary or may assume that the beneficiary died intestate if the Trustee has no notice ofa will within three (3) months after the death of the beneficiary. SECTION 5: Upon the death of a beneficiary, any part of his or her share not effectively appointed shall be distributed per stirpes to his or her then living descendants, or if none, then in equal shares to such of the other beneficiaries of the trust as shall then be living, except that the then living descendants ofa deceased beneficiary shall take per stirpes the share which the beneficiary would have received if living, subject in each case to postponement of possession as provided below, and except further that each portion otherwise distributable to a beneficiary for whom a share ofthe trust estate is then held hereunder shall be added to that share. Any part of the share not effectively disposed of by the foregoing shall be distributed to Settlor's heirs-at-Iaw, the heirs-at-law and the proportions which they shall respectively take to be determined according to the present laws of descent of the Commonwealth of Pennsylvania as if the Settlor had died unmarried at that time. SECTION 6: Each share of the trust estate which is distributable to a descendant who has not reached the age of21 years shall immediately vest in the descendant, but the Trustee shall establish with the share a custodianship for the descendant under the Uniform Gifts or Transfers to Minors Act then in effect. SECOND: The following provisions shall apply to the trust estate and to each trust under this Agreement: Page -2- SECTION 1: If income or discretionary amounts of principal become payable to a minor or to a person under legal disability or to a person not adjudicated disabled but who, by reason of illness or mental or physical disability, is in the opinion of the Trustee unable properly to manage his or her affairs, then that income or principal shall be paid or expended only in such of the following ways as the Trustee deems best: (a) to the beneficiary directly; (b) to the legally appointed guardian of the beneficiary; (c) to a custodian for the beneficiary under the Uniform Gifts or Transfers to Minors Actthen in effect; (d) by the Trustee directly for the benefit of the beneficiary; (e) to an adult relative or friend in reimbursement for amounts properly advanced for the benefit of the beneficiary SECTION 2: The interests of beneficiaries in principal or income shall not be subject to the claims of any creditor, any spouse for alimony or support, or others, or to legal process, and may not be voluntarily or involuntarily alienated or encumbered. This provision shall not limit the exercise of any power of appointment. SECTION 3: For convenience of administration or investment, the Trustee may hold the several trusts as a common fund, dividing the income proportionately among them, assign undivided interests to the several trusts, and make joint investments of the funds belonging to them. The trustee may consolidate any separate trust with any other trust with similar provisions for the same beneficiary or beneficiaries. SECTION 4: The trustee may retain any property originally constituting the trust or subsequently added thereto, although not of a type or quality considered proper for trust investments, and shall have no duty to diversify trust investments. The Trustee shall have power to invest and reinvest the trust property in bonds, stocks, notes, bank deposits, options, futures contracts, limited partnership interests, shares of registered investment companies, or other property, real or personal, domestic or foreign, suitable for the investment of trust funds; to register property in the name of a nominee without restriction; to vote in person or by general or limited proxy, or refrain from voting, any corporate securities for any purpose; to lease (for any period of time though commencing in the future or extending beyond the term of the trust), sell, exchange, mortgage or pledge any or all of the trust property, and to sell put and covered call options, as the Trustee deems proper; to borrow from any lender, including a Trustee hereunder individually; to employ agents, attorneys and proxies and to delegate to them such power as my personal representatives and Trustees consider desirable and to pay reasonable compensation for such services as may be rendered by such agents, attorneys and Page -3- proxies; to compromise, contest, prosecute or abandon claims; to distribute income and principal in cash or in kind, or partly in each, to allocate or distribute undivided interests or different assets or disproportionate interests in assets (and no adjustment shall be made to compensate for a disproportionate allocation of unrealized gain for federal income tax purposes), and to value the trust property and to sell any part or all thereof in order to make allocation or distribution, and no action taken by the Trustee pursuant to this power shall be subject to question by any person. The Trustee is authorized to establish out of income and credit to principal reasonable reserves for depletion, but reserves for depreciation shall not be established except to the extent that the Trustee determines that readily marketable assets in the principal of the trust will be insufficient for any renovation, major repair, improvement or replacement of trust property which the Trustee deems advisable. The Trustee shall not lend trust property to the Settlor or Settlor's spouse (if any), directly or indirectly, without adequate interest and adequate security, nor shall the Trustee pay premiums on policies of insurance on the life of the Settlor or Settlor's spouse (if any) from the income or principal of the trust estate. SECTION 5: In addition to the powers conferred by case law, by statute, and by other provisions provided in this Trust Agreement, Trustee and his successor(s) shall have the following discretionary powers applicable to all property held by them, which powers shall be effective without order of any court and shall exist until final distribution: A. To retain any property of any nature received by them for whatever period they shall deem advisable; B. To invest and reinvest all or any part of said property in such stocks, bonds, common trust funds, securities, accounts, certificates of deposit (including, but not limited to, stocks, bonds, common trust funds, securities, accounts or certificates of deposit ofthe Trustee) or other property, real or personal, as in their discretion they shall deem proper, without regard to statutes limiting the property which a fiduciary may purchase; C. To sell, transfer, exchange or otherwise dispose of, any part of said property, for cash or on terms, publicly or privately, without liability on the purchasers to see to the application of the proceeds, and to give options for these purchases without the obligation to repudiate them in favor of a higher offer; D. To execute and deliver any deeds,leases, assignments or other instruments as may be necessary to carry out the provisions of this Agreement; Page -4- E. To borrow money, including the right to borrow money from any bank and to mortgage or pledge any asset of the estate as security; F. To assume continuance of the status of any beneficiary with regard to death, marriage, divorce, illness, incapacity and the like in the absence of information deemed reliable without liability for disbursements made on such assumption; G. To pay from the trust, or the income therefrom, all debts or claims against my estate, or any taxes or similar charges on my estate; H. To make any distribution hereunder either in kind or in money, or partially in kind and partially in money. Distribution in kind shall be made at the market value of the property distributed, and my Trustee, in my Trustee's absolute discretion, may cause the share distributed to any distributee to be composed of property similar to or different from that distributed to any other distributee; I. To exercise any subscription right in connection with any security held hereunder, to consent to or participate in any recapitalization, reorganization, consolidation or merger of any corporation, company or association, the securities of which may be held hereunder, to delegate authority with respect thereto, to deposit investments under agreements, to pay assessments, and generally to exercise all rights of investors; J. To invest m endowment, msurance or annuity policies on the lives of beneficiaries hereunder; K. To continue in any partnership, joint venture, joint ownership or other business enterprise of which Settlor is a part at the time of Settlor's death; L. To compromise claims; M. To continue for whatever period of time as they shall deem necessary any ownership as a tenant in common or as a partner, in real estate or other property and to act as Settlor could have done had Settlor been living; N. To lend money to Settlor's estate or to purchase from the estate, at the market value thereof at the time of purchase, any securities or other property tendered to them by Settlor's estate at any time and from time to time within a period of nine (9) months after Settlor's death; O. To employ agents, attorneys, accountants and proxies and to delegate to them such power as the Trustee considers desirable and to pay reasonable compensation for such services as may be rendered by such agents, attorneys, accountants and proxies; P. To do all other acts in their judgment necessary or desirable for the proper management, investment and distribution of the trust estate. Page -5- SECTION 6: The Trustee shall render an account of its receipts and disbursements and a statement of assets at least annually to each adult beneficiary then entitled to receive or have the benefit of the income from the trust. The Trustee shall be reimbursed for all reasonable expenses incurred in the management and protection of the trust, and any corporate Trustee shall receive compensation for its services in accordance with its schedule of fees in effect from time to time. The Trustee's regular compensation, ifany, shall be charged half against income and half against principal, except that the Trustee shall have full discretion at any time or times to charge a larger portion or all against income. SECTION 7: The Trustee may in its discretion terminate and distribute any trust hereunder if the Trustee determines that the costs of continuance thereof will substantially impair accomplishment of the purposes of the trust. The Trustee shall terminate and forthwith distribute any trust created by exercise of a power of appointment hereunder and still held 21 years after the death of the last-to-die of the Settlor and the beneficiaries-in-being at the date of this agreement. Distribution under this section shall be made to the persons then entitled to receive or have the benefit of the income from the trust in the proportions in which they are entitled thereto, or if their interests are indefinite, then in equal shares. SECTION 8: Any Trustee may resign at any time by written notice to each beneficiary then entitled to receive or have the benefit of the income from the trust. In case of the death, resignation, refusal or inability to act of the originally named Trustee, ORRSTOWN BANK, shall be successor Trustee, and if it fails to become or ceases to act, the beneficiary or a majority in interest of the beneficiaries then entitled to receive or have the benefit of the income from the trust shall appoint a successor Trustee, except that in no event shall the Settlor or a beneficiary be a successor Trustee. Every successor Trustee shall have all the powers given the originally named Trustee. No successor Trustee shall be personally liable for any act or omission of any predecessor. With the approval of the beneficiary or a majority in interest of the beneficiaries then entitled to receive or have the benefit of the income from the trust, a successor Trustee may accept the account rendered and the property received as a full and complete discharge to the predecessor Trustee without incurring any liability for so doing. No Trustee wherever acting shall be required to give bond or surety or be appointed by or account for the administration of any trust to any court. Page -6- SECTION 9: The benefits of this Agreement are in addition to and not in substitution for any legal obligation of any person to a beneficiary, and the Trustee may not use trust property to satisfy his legal obligations. SECTION 10: The parent or guardian of a beneficiary under disability shall receive notice and have authority to act for the beneficiary under this Agreement, except that in no event shall the Settlor so act. TIllRD: The law of the Commonwealth of Pennsylvania shall govern the vaIidity,jurisdiction and interpretation of the provisions of this Agreement. FOURTH: The Settlor or any other person may transfer or bequeath additional property to the Trustee to be held under this Agreement and may designate the trust to which the property shall be added. FIFfH: This Agreement shall not be subject to amendment or revocation. IN WITNESS WHEREOF, the parties have signed this Agreement the day and year first above written. SETTLOR // . ) Geo~~7/-jt;i{ TRUSTEE {M 1)+ 'iJ:!:\ 'L- W ~ Page -7- COMMONWEALTH OF PENNSYLVANIA ) : ss. COUNTY OF CUMBERLAND ) On this, the 1/1... day of ~ , 2001, before me, the undersigned officer, personally appeared GEORGE ROSS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~'w-J~ (SEAL) Notary Public NOTARIAL SEAL CORRINE L. MYERS, Notary Public Carlisle Boro. CumberlandCounty ,_~ Com!!:is.,:cn !,pire!,_Ma 27,2003 COMMONWEALTH OF PENNSYL VANIA ) : ss. COUNTY OF CUMBERLAND ) On this, the 7.f1-- day of jj.;~. >1 Va'L.-, 2001, before me, the undersigned officer, personally appeared JACK E. NACE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. /lAAA'~ (SEAL) ~~~li~ - NOTARIAL SEAL CORRINE L. MYERS, Notary Public Carlisle Bore. CumberlandCounly _~.f.o,mTi"i"" f 'ol~,~,~ 27, 2003 Page -8- . SCHEDULE "A" ! GEORGE ROSS 47 HEMLOCK CIRCLE NEWVILLE, PA 17241 60-983/313 221767 DATE 9~ i"/O./ 1851 , 1 DOLLARS m~~:'= ~. PAY TO THE ::: ORDER OF $ '1lq ~"d. * , ~'f :'~ " _ THE r\RMERS NATIONAL BANK ~ OF NEWVILLE. PENNSYLVANIA 17241 MEMO ~ ~-Z.,.../~ ~_ _ c;;;;;? .. ---- --~... '.-_. ------~--_._.,-,-.-._._-- 711 ~8 ~ ':03 ~30g8351: 22 ~7b ..~ - ~ USAA' GEORGE ROSS 47 HEMLOCK CIR NEWVILLE, PA 17241-9482 . ..,,/ DATE//t?..,j/, ./?f "";;"'<$ I , 5.2/110 "r! a/ ;;: _ . y!f_l!-,-.~( ~ ~" . ~ $ .3J-:"W, ~ c . .,~y .' ~ ' ~~ -- " ---- DOLLARS ~-h4'~L,""'.!:f": S:U( '''.C''', '-'1'>, ;;,~"".:i :;11 j"'~"''''i'.';:~~-.---,;;;:,;;~:-;;;~,: .'" ,,.,/ ,-,,".1;,-,,----.-... In MI USAA TAX EXEMPT MONEY MARKET FUND State Street Bank and Tru!it Company BoSlon, Massachusetts 02101 DO NOT USE FOR ACH /~__ :;;~~OOD0281:0~~b gO ~ ~ ~~~~~ _",,'''''''''f~'''':'~', " I ! ~ ~ I ~:i ., 82 NP ~ [Q1 (Q) ((.. \\ .~ F:\FILES\DA T AFfLE\Estate PJanning\103761-wiU 2 LAST WILL AND TESTAMENT I, GEORGE ROSS, a widower, of Newville, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking any and all former Wills or Codicils by me made. ITEM ONE I direct that all my legally enforceable debts, funeral expenses, testamentary expenses and all inheritance taxes shall be paid to the extent possible from the assets held or passing under ITEM FOUR hereof as soon as practicable after my decease and as part of the administration of my estate. ITEM TWO I give, devise and bequeath such items of personalty as are itemized in a certain list, if any, attached hereto to the persons named thereon, which list is signed and dated by me at the end thereof ITEM THREE I give, devise and bequeath the sum of Three Hundred Thousand Dollars ($300,000.00) unto my Trustee to be held in trust for the following purposes: A. My Trustee shall pay the net income, at least quarter-annually, to my friend, HELEN T. HOBBIE, for life. In addition, my Trustee in my Trustee's sole discretion, may invade the principal of the Trust for the proper and adequate support, maintenance and well being of the said HELEN T. HOBBIE, provided said invasion and distribution of principal shall not exceed Five Thousand Dollars ($5,000.00) per calendar year. B. Upon the death of the said HELEN T. HOBBIE, the accumulated income and principal shall be distributed in accordance with ITEM FOUR, C, of this, my Last Will and Testament. C I appoint JACK E. NACE, Carlisle, Pennsylvania, as Trustee under this ITEM THREE of my Last Will and Testament. In the event he is unable or unwilling to act or continue to act as Trustee, then I appoint ORRSTOWN BANK as Trustee under this ITEM THREE of my Last Will and Testament. ITEM FOUR '.~ I give, devise and bequeath all the rest, residue and remainder of my estate to be divided and .!/h- G.R. Page I of 7 distributed by my personal representative as follows: A. A specific bequest and gift of $10,000.00 each and individually to my nephews, JEREMIAHW ROSS, JOSHUAL. ROSS, and JOSEPH R. ROSS, provided they do not predecease or fail to survive me by thirty (30) days. In the event any of my said nephews named in this ITEM FOUR, A., herein do not so survive me, then I give and bequeath their respective $10,00000 share to be distributed in equal shares under ITEM FOUR, D., hereof B. A specific bequest and gift of $50,000.00 each and individually to my sisters, VIOLET M. ROHER, and MILDRED E. ROSS, provided they do not predecease or fail to survive me by thirty (30) days. In the event any of my said sisters named in this ITEM FOUR, B., herein do not so survive me, then I give and bequeath their respective $50,000.00 share to be distributed in equal shares under ITEM FOUR, D., hereof C Except as provided herein, the rest, residue and remainder of my estate shall be distributed in equal shares to my nieces and nephews, DOUGLAS ADRIAN ROHER, ARNOLD ROSS ROHER, ALICE MARY ROHER, PHILIP N. ROHER, THOMAS WALTER ROSS, RAYMOND E. RUECK and GALE L. THEESFELD, share and share alike. In the event that any beneficiary as named above shall predecease or fail to survive me by thirty (30) days and leave surviving issue, then his or her respective share as provided hereunder shall be distributed to his or her surviving issue, in equal shares, pursuant to that certain inter vivos trust named in ITEM FOUR, D., hereof In the event that any beneficiary as named above shall predecease or fail to survive me by thirty (30) days and leave no surviving issue, then his or her respective share hereunder shall be distributed, in equal shares, to the remaining beneficiaries of this ITEM FOUR, C., hereof, share and share alike. D. Any and all rest, residue and remainder of my estate, if any, shall be held or distributed by my Trustee pursuant to and under that certain inter vivos MINORS TRUST AGREEMENT heretofore created this date, for the benefit of the specific beneficiaries named therein, to have and to hold, in Trust, for the uses and purposes and subject to the terms and provisions thereof 4 Page 2 of 7 ITEM FIVE POWERS OF EXECUTORS AND TRUSTEE In addition to the powers conferred by case law, by statute, and by other provisions hereof, my Executors and Trustee, as named herein and as my Trustees are named in that certain MINORS TRUST AGREEMENT heretofore created this date, and their successors, shall have the following discretionary powers applicable to all property held by them which powers shall be effective without order of any court and shall exist until final distribution: A. To retain any property of any nature received by them for whatever period they shall deem advisable; B. To invest and reinvest all or any part of said property in such stocks, bonds, common trust funds, securities, accounts, certificates of deposit (including, but not limited to, stocks, bonds, common trust funds, securities, accounts or certificates of deposit of the Trustee) or other property, real or personal, as in their discretion they shall deem proper, without regard to statutes limiting the property which a fiduciary may purchase; C. To sell, transfer, exchange or otherwise dispose of, any part of said property, for cash or on terms, publicly or privately, or to lease, even for a term exceeding five (5) years or the duration of any trust herein, without liability on the purchasers or lessees to see to the application of the proceeds, and to give options for these purchases without the obligation to repudiate them in favor of a higher offer; D. To execute and deliver any deeds, leases, assignments or other instruments as may be necessary to carry out the provisions of any trust hereunder; E. To borrow money, including the right to borrow money from any bank and to mortgage or pledge any asset of the estate as security; F. To assume continuance of the status of any beneficiary with regard to death, marriage, divorce, illness, incapacity and the like in the absence of information deemed reliable without liability for disbursements made on such assumption; G. To pay from the trust, or the income therefrom, all debts or claims against my estate, or any taxes or similar charges on my estate; 4 Page 3 of 7 H. To make any distribution hereunder either in kind or in money, or partially in kind and partially in money. Distribution in kind shall be made at the market value of the property distributed, and my Trustee, in my Trustee's absolute discretion, may cause the share distributed to any distributee to be composed of property similar to or different from that distributed to any other distributee; 1. To exercise any subscription right in connection with any security held hereunder, to consent to or participate in any recapitalization, reorganization, consolidation or merger of any corporation, company or association, the securities of which may be held hereunder, to delegate authority with respect thereto, to deposit investments under agreements, to pay assessments, and generally to exercise all rights of investors; 1. To invest in endowment, insurance or annuity policies on the lives of beneficiaries of any trust hereunder; K. To continue in any partnership, joint venture, joint ownership or other business enterprise of which I am a part at the time of my death; L. To compromise claims; M. To continue for whatever period of time as they shall deem necessary any ownership as a tenant in common or as a partner, in real estate or other property and to act as I could have done had I been living; N. To lend money to my estate or to any trust created hereunder or to purchase from the estate or from any trust created hereunder, at the market value thereof at the time of purchase, any securities or other property tendered to them by my estate or any trust created hereunder at any time and from time to time within a period of nine (9) months after my death; O. In the event that any amounts are payable hereunder or under any trust created hereunder to a minor, or to a person otherwise under legal disability, or to a person not adjudicated to be an incapacitated person, but who, by reason of illness or mental or physical disability is, in the opinion offiduciary(ies) hereunder, unable to properly administer such amounts, such amounts may be paid by the fiduciary(ies) hereunder in his, her or their sole discretion in any of the following ways as he, she or they may deem best: o/k Page 4 of 7 . I. 2. Directly to such beneficiary; To a legally appointed guardian of such beneficiary for the benefit of such beneficiary; 3. To a person having custody of such beneficiary for the benefit of such beneficiary; 4. By the fiduciary(ies) hereunder using such amounts directly to the benefit of such beneficiary. Evidence of the application or payment of an amount in such a manner shall be a full and complete discharge of the fiduciary(ies) hereunder to the extent of such payment or application. This paragraph shall be applicable to payments of income as well as principal. In no way shall this provision conflict or supersede the terms and provisions of that certain inter vivos MINORS TRUST AGREEMENT, and shall be read in conjunction with said trust agreement. P. To employ agents, attorneys and proxies and to delegate to them such power as my personal representatives and Trustees consider desirable and to pay reasonable compensation for such services as may be rendered by such agents, attorneys and proxies; Q. To conduct an inventory of any safe deposit box necessary to the administration of my estate. R To do all other acts in their judgment necessary or desirable for the proper management, investment and distribution of my Estate. ITEM SIX PROTECTIVE PROVISIONS All income or principal held for the use and benefit of any trust hereunder shall not be in any way or manner subject to anticipation, assignment, pledge, sale or transfer, nor shall any such interest, while in the possession of my Trustee, be liable for or subject to the debts, contracts, obligations, liabilities or torts of any beneficiary, or to attachments, executions or sequestrations under process oflaw. c;L G.R. Page 5 of 7 . ITEM SEVEN APPOINTMENT OF EXECUTORS I nominate, constitute and appoint, CATHERINE ELIZABETH HEWLETT, of Hershey, Pennsylvania, and JACK E. NACE, of Carlisle, Pennsylvania, jointly and not severally, as Executors of my estate. In the event that one of the named Executors shall predecease me or fail to act as Executor, then I appoint the remaining Executor as sole Executor of my estate. ITEM EIGHT WAIVER OF BOND I direct that neither my Executors nor any Trustee shall be required to file any bond in any jurisdiction to secure the faithful performance of their duties, nor shall they be required to obtain any order or approval of any court for the exercise of any power or discretion set forth in this Will. IN WITNESS WHEREOF I have hereunto set my hand and seal this 5-#'- day of ,~v; 2002-. ~ Geo eR s (SEAL) SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named Testator, as and for his Last Will and Testament, in the presence of us, who at his request, have hereunto subscribed our names as witnesses thereto, in the presence of the said Testator and of each other. (f); 1 Ar./}') 7. f\Jf),Q(I.hi?J RrJ Page 6 of 7 . , . COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) We, GEORGE ROSS, (Y)eI ,s5;;,.,T /)",S&-,L... , and yyl ~,-/c A.I) e4\/' "V<"P the Testator and the witnesses, respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his last Will and that the Testator has signed willingly, and that the Testator executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as a witness and that to the best of his/her knowledge the Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. Gootl:::tC:: ('rid U)jJ:/T.f\jMlJcJt~ ~ R (\) wirr;l / ~../, v/j::::,I. T1 ~ Subscribed, sworn to and acknowledged before me by GEORGE ROSS, the Testator, and subscribed and sworn to before me by iY1d,.!.-s",. rJlj::"cAKc.. and h'l it y-Jc ,4. [) en /1 1'1,:1 e.r , the witnesses, this S~day of ~'l'?L.~,.fu '-', 2002. G \ I \- . A'Q~,.:J(}~~,-",) Notary Public C NOTARIAL SEAL CORRINE L. MYERS, Notary Public Carlisle Bora, CumberlandCounly M Commission E. ires Ma 27, 2003 Page 7 of 7 1'/- Y'.:2-I.:;J 8UREAU OF INDIVIDUAL TAXES INHERIUNCE lAX DIVISION DEPT. 280601 HARRISBURG, PA 11128-0601 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSHENT OF TAX DATE ESTATE OF DATE OF DEATH FILE NUMBER :llG:OUNTY ACN IVO V OTTO II I MARTSON ETAL 10 E HIGH ST CARLISLE ESQ 'u 1C PA 1701'.3\ 08-18-2003 ROSS 10-01-2002 21 02-0901 CUMBERLAND 101 AIIO..,t R..1tted '* ItEV-l!i47EllAFPUl-Ul GEORGE MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ... RE-,,=is4;-ix-AFP-fiiFoiY-NOYicniF-YriHiRiiANCE-i:A1TAPPRA'iSEHENi'",--ALi.-ciwANCE-oi----------------- DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX ESTATE OF ROSS GEORGE FILE NO. 21 02-0901 ACN 101 DATE 08-18-2003 TAX RETURN WAS: I X) ACCEPTED AS FILED RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. R.el Estat. (Schedule A) 2. Stocks and Ilonds ISchedula 8) 3. Closely Held Stock/Partnership Interest (Schedule C) 4. Hortgages/Notes Receivable (Schedule DJ 5. Cash/Bank Deposits/Nisc. Personal Property (Schedule E) 6. Jointly Owned Property (Schedule FJ 7. Transfers (Schedule G) 8. Tot.l Assets ll) (2) (3) (4) IS) (6) 17J ) CHANGED .00 78.600.00 .00 3.573.27 1.155.9'i2.79 .00 23.000.00 (8) APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Ada. Costs/Misc. Expenses (Schedule Hl 10. Dabts/Hortgaga Liabilities/Liens ISch8clul. I) 11. Total Deductions 12. Net Value of Tax Return 13. Cherltable/Governaental Bequests; Non-elected 9113 Trusts (Schedule ~) 14. Net Value of Estate Subject to Tax If an assess.ent was issued previously, lines 14, 15 and,or 16, 17, 18 and 19 will reflect figures that include the total crf Mob. returns assessed to date. ASSESSMENT OF TAX: l!i. A""""t of Line 1.. at Spousal rat. 115) 16. Amount of Line 14 taxable at Lineal/Class A rat. (16) 17. Amount of Line 14 .t Sibling rate (17) 18. Amount of Line 14 taxable at Collateral/Class B rate (18) 19. Principal Tax Due DI NOTE: INTEREST/PEN PAID 1-) 8,683.18 DATE \. 12-31-2002 NUH8ER CD002008 (9) 1l0) 71,996.97 11.361.97 Ill) 112) 113) 114) .00 X .00 X 100,000.00 X 1,077,757.12 X AHOUNT PAID 170,000.00 TOTAL TAX CREDIT BALANCE OF TAX DUE INTEREST AND PEN. TOTAL DUE 00 = 0'i5 = 12 = 15 = 119)= NOTE; To insure proper credit to your account, sublli t the upper portion of this for. with your tmc:. payment. 1,261,116.06 R3.31iR 94 1,177,757.12 .00 1,177,757.12 .00 .00 12,000.00 161,663.57 173,663.57 178,683.18 5,019.61CR .00 5,019.61CR . IF PAID AFTER DATE INDICATED, SEE REVERSE FOR CALCULATION OF ADDITIONAL INTEREST. IF TOTAL DUE IS LESS THAN $1, NO PAYHENT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT" ICR), YOU MAY 8E DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.) 1'7 9'.2 /:JJ BUREAU OF INDIVIDUAL TAXES I~HERITANCE lAX DIVISION DEPT. 280601 HARRISBURG. PA 17128-0601 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE NOTICE OF DETERMINATION AND ASSESSMENT OF PENNSYLVANIA ESTATE TAX BASED ON FEDERAL ESTATE TAX RETURN '* ~.4&!EXN'P(Gl'\I$} IVO V OTTO II I MARTSON ETAL 10 E HIGH ST CARLISLE ESQ DATE ESTATE OF DATE OF DEATH FILE NUMBER 'Ol:olitlt.V 19 . ACN 08-18-2003 ROSS 10-01-2002 21 02-0901 :1tUMBERLAND 201 GEORGE Amount Rem! tted PA 17013 MAKE CHECK PAYABLE AND REMIT PAYMENT TO' REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 HOTE: To insu~e proper credit to your account, submit the upper portion of this form with your tax payment. CUT ALONG THIS LINE .. RETAIN LOWER PORTION FOR YOUR FILES ..... Rifv=483--Ei--AFP~-(Oi:-oi3---~-~-;-HCificif-OF--nETE-iMiH-Afioli-AH-n-AllsESS-HEHy----------------------------- OF PENNSYLVANIA ESTATE TAX BASED ON FEDERAL ESTATE TAX RETURN .. ESTATE OF ROSS GEORGE FILE NO.21 02-0901 ACN 201 DATE 08-18-2003 ESTATE TAX DETERHINATION 1. Credit For State Death Taxes as Verified 44.693.50 2. Pennsylvania Inheritance Tax Assessed (Excluding Discount and/or Interest) 164.980.39 3. Inheritance Tax Assessed by Other States or Territories of the United States <Excluding Discount and/or Interest) .00 4. Total Inheritance Tax Assessed 164.980.39 5. Pennsylvania Estate Tax Due .00 TAX CREDITS: PAYMENT RECEIPT DISCOUNT (+) AMOUNT PAID DATE NUMBER INTEREST/PEN PAID (-) TOTAL TAX CREDIT .00 BALANCE OF TAX DUE .00 INTEREST AND PEN. .00 TOTAL DUE .00 *IF PAID AFTER THIS DATE. SEE REVERSE SIDE (IF TOTAL DUE IS LESS THAN .1. NO PAYMENT IS REQUIRED FOR CALCULATION OF ADDITIONAL INTEREST. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR). YOU HAY BE nuF' .6 RF'I=IINn (::!:'C' DC'VC'P~C ~Tnl:: nc TU"~ .,.n.... ......... ~u...............~_.._ REV-1470 EX (6-88) '* INHERITANCE TAX EX PLANA TION OF CHANGES COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG PA 1712a..0601 DECEDENTS NAME Ross, George FILE NUMBER REVIEWED BY Daniel Heck A5~ \JI.1 19 2102-0901 '::'_'j 11 '2(11 0 ITEM SCHEDULE NO. EXPLANATION OF CHANGES ,~ .' ~ The maximum "State Death Tax Credit' has been recalculated according to the revisions to the Pennsylvania Estate Tax as revised by ACT 89 of 2002. This revision is effective for decedents dying on or after July 1, 2002. ROW Page 1 1/)-<102-1,;2/ ~ BUREAU OF INDIVIDUAL TAXES INHERITANCE nx DI\lISIOH DEPT. 280601 HARRISBURG~ PA 17128-0601 COMMONWEALTH OF PENNSYLVAMIA DEPARTMENT OF REVENUE I:NHERI:TANCE TAX STATEMENT OF ACCOUNT *' REW_IU7 EXAFP UI_Ul ESQ '0 DATE ESTATE OF DATE OF DEATH FILE NUMBER :.; ,':COUNTY ACN 09-02-2003 ROSS 10-01-2002 21 02-0901 CUMBERLAND 101 GEORGE IVO V OTTO III HARTSON ETAL 10 E HIGH ST CARLISLE L Allaunt Relli tted PA 170'.1:5 MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 NOTE: To insure proper cr8dit to your .ccount~ su~it the upper portion of this form with your tax pay..nt. CUT ALONG THIS LINE ~ RETAIN LONER PORTION FOR YOUR RECORDS ~ REY=i6iirEX--AFP-fo1-.:03y------...-iNHERJ:TANCE-fiY-STATEHEiif-Of-iccOUNT--...--------------------- ESTATE OF ROSS GEORGE FILE NO. 21 02-0901 ACN 101 DATE 09-02-2003 THIS STATEHEHT IS PROVIDED TO ADVISE DF THE CURREHT STATUS OF THE STATED ACN IH THE NAMED ESTATE. SHOWN BELOW IS A SUMHARY OF THE PRINCIPAL TAX DUE, APPLICATION OF ALL PAYMENTS, THE CURREHT BALANCE, AND, IF APPLICABLE, A PROJECTED INTEREST FIGURE. DATE OF LAST ASSESSMENT OR RECORD ADJUSTMENT: 08-18-2003 PR I NC I P AL TAX DUE: m.._._._..______________..__......m........__.._____...___.._ 173,663.57 PAYMENTS (TAX CREDITS): PAYMENT RECEIPT DISCOUNT (+) AMOUNT PAID DATE NUMBER INTEREST/PEN PAID (-) 12-31-2002 CD002008 8,683.18 170,000.00 08-13-2003 REFUND .00 5,019.61- TOTAL TAX CREDIT 173,663.57 BALANCE OF TAX DUE .00 INTEREST AND PEN. .00 IF PAID AFTER THIS DATE, SEE REVERSE TOTAL DUE .00 . SIDE FOR CALCULATION OF ADDITIONAL IHTEREST. I IF TOTAL DUE IS LESS THAN $1, NO PAYMEHT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT" ICRJ, YOU HAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORH FOR INSTRUCTIONS. J COHNONNEALTH OF PENNSYLVANZA BUREAU OF ZNDZVZDUAL TAXES DEPARTHENT OF REVENUE ZNHERZTANCE TAX DZVZSZON DEPT. 280601 HARRISBURG, PA 17128-0601 NOTZCE OF DETERHZNATZON AND ASSESSHENT OF PENNSYLVANZA ESTATE TAX BASED ON FEDERAL CLOSZNG LETTER *Er-., EX AFP (01-02) R~C'~ :: :'! DATE 04-19-2004 :~ ESTATE OF ROSS GEORGE DATE OF DEATH 10-01-2002 FZLE NUHBER 21 02-0901 *04 APR 20 / il :33 COUNTY CUHBERLAND IVO V OTTO III ESQ ACN 202 HARTSON ETAL 10 E HIGH ST ~ Amoun~ Rem/~*ed CARLISLE PA 17~l~L. HAKE CHECK PAYABLE AND RENZT PAYHENT TO: REGZSTER OF NZLLS CUHBERLAND CO COURT HOUSE CARLISLE, PA 17015 NOTE: To /nsure proper cred/~ ~o your account, submi~ ~he upper portion of ~his form ~i~h your ~ax payment. CUT ALONG THZS LZNE ~ RETAZN LONER PORTZON FOR YOUR FZLES REV-?36 EX AFP (01-0~) ~ NOTZCE OF DETERHZNATZON AND ASSESSHENT OF PENNSYLVANZA ESTATE TAX BASED ON FEDERAL CLOSZNG LETTER ESTATE OF ROSS GEORGE FZLE N0.21 02-0901 ACN 202 DATE 04-19-2004 ESTATE TAX DETERHZNATZON 1. Credi~ For S~ate Death Taxes as Verified 33,520.00 Z. Pennsylvania Inheritance Tax Assessed 164,980.$9 CExclud/ng Discoun~ and/or Interest) $. Inheritance Tax Assessed by O~her S~a~es .00 or Territories of ~he United S~ates CExcluding Discoun~ and/or Interest) 4. Total Inheritance Tax Assessed 164~980.$9 5. Pennsylvan/a Es~a~e Tax Due .00 6. Amount o~ Pennsylvan/a Es~a~e Tax Previously Assessed Based on Federal Es~a~e Tax Return .00 7. Add/~ional Pennsylvania Estate Tax Due .00 TAX CREDZTS: PAYHENT RECEIPT DISCOUNT (+) DATE NUHBER INTEREST/PEN PA~D ¢-) AHOUNT PAID TOTAL TAX CREDZT I .00 BALANCE OF TAX DUEl .00 ZNTEREST AND PEN. . O0 TOTAL DUE . O0 ~ZF PA/D AFTER THZS DATE, SEE REVERSE S/DE (/F TOTAL DUE TS LESS THAN $1, NO PAYNENT ZS RE~iUZRED FOR CALCULATZON OF ADD/TTONAL ZNTEREST. TF TOTAL DUE TS REFLECTED AS A 'CREDZT" (CR), YOU HAY BE DUE A REFUND. SEE REVERSE SZDE OF THZS FORN FOR ZNSTRUCTZONS.) ~ Cumberland County - Register Of Wills Hanover and High Street Carlisle, PA 17013 Phone: (717) 240-6345 Date: 9/03/2004 NACE JACK 808 WALNUT LANE CARLISLE, PA 17013 RE: Estate of ROSS GEORGE File Number: 2002-00901 Dear Sir/Madam: It has come to my attention that you have not filed the Status Report by Personal Representative (Rule 6.12) in the above captioned estate. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. 1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing will become delinquent on: 10/01/2004 Your prompt attention to this matter will be appreciated. Thank You. Sincerely, GISTER OF W~I~ cc: File Counsel Judge Cumberland County - Register Of Wills Hanover and High Street Carlisle, PA 17013 Phone:(717) 240-6345 Date: 9/03/2004 DENLINGER MARK A TEN EAST HIGH STREET CARLISLE, PA 17013 RE: Estate of ROSS GEORGE File Number: 2002-00901 Dear Sir/Madam: It has come to my attention that you have not filed the Status Report by Personal Representative (Rule 6.12) in the above captioned estate. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. 1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing will become delinquent on: 10/01/2004 Your prompt attention to this matter will be appreciated. Thank You. Sincerely, GLENDA FARNER STRASBAUGH REGISTER OF WILLS cc: File Personal Representative(s) Judge REGISTER OF WILLS OF CUMBERLAND COUNTY STATUS REPORT UNDER RULE 6.12 (For Resident Decedents Dying After July 1, 1992) Name of Decedent: George Ross Date of Death: October 1, 2002 File No.' 21-02-901 Social Security No.: 209-02~ C~ 0 ~ Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: Yes ~ No X 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: Within six (6) months. 3. If the answer to No. 1 is Yes, state the following: a.Did the personal representative file a final account with the Court? Yes __ No b. The separate Orphans' Court No. (if any)for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? Yes ~ No cNd. : Copies of receipts, releases, joinders and approvals of formal or informal accounts maybefiledwith the Clerk~.; th~Orph~Courtandmay beattachedto thisreport. CY~ , Date: SepNmber 9, 2004 Signature: c.o Name: Ivo V. Otto III, Esquire ,z, ::,~ Address: MARTSON DEARDORFF WILLIAMS & OTTO r&-" . ~'" Ten East High Street Carlisle, PA 17013 (717) 243-3341 Counsel for personal representative F:\FILES\DATAFILE\ESTATES\10376-1 .srep JRD/June 30, 1992/17858 NOt[ ~ ~ 2004 In Re: Estate of George Ross : ORPHANS' COURT DIVISION Late of West Pennsboro Township : COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY Estate No.: 21-02-0901 : PENNSYLVANIA : : NO. 21-02-0901 NOTICE OF FAILURE TO FILE STATUS REPORT AND REQUEST TO CONDUCT A HEARING PURSUANT TO RULE 6.12, SUPREME COURT ORPHANS' COURT RULE Personal Representative: Catherine E Hewlett and Jack Nace Counsel for Personal Representative: Mark Denlinger Date of Decedent's Death: 10/01/2002 Date of Delinquency Notice: 08/11/04 The undersigned, Glenda Famer~Strasbaugh, Clerk of Orphans' Court, in accordance with Rule 6.12, Supreme Court Orphans' Court Rules, hereby notifies the Orphans' Court Division, Court of Common Pleas of Cumberland County, that neither the above named personal representative nor the above named counsel for the personal representative have filed with the Register of Wills or Clerk of the Orphans' Court his, her or its Status Report required by Rule · 6.12, Supreme Court Orphans' Court Rule and that the requisite notice, pursuant to Rule 6.12, Supreme Court Orphans' Court Rules, was given by the Clerk of the Orphans' Court on April 30, 2004, and that the ten (10) day notice to file the Status Report has expired. Accordingly, in accordance with Rule 6.12 the Court is hereby notified of such delinquency and the undersigned requests that a Court conduct a hearing to determine whether sanctions should be imposed upon the delinquent personal representative or counsel for the delinquent personal representative. Glenda Famer Strasbaugh Clerk of the Orphans' Court Distribution: Personal Representative (s) Counsel for Personal Representative Estate File A hearing is scheduled for at in Courtroom No. 3. If the Status Report is filed prior to the hearing date, the hearing will automatically be cancelled.