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HomeMy WebLinkAbout12-11-08DECEDENT'S ESTATE COURT OF COMMON PLEAS OF ,.,, CUMBERLAND COUNTY, PENNSYLVANIA ~ m ORPHANS' COURT DIVISION ~ o ' _- ~.~ c -- ESTATE OF JESSIE E. SMITH, DECEASED ~ ~-? - ~ .. ~, __ -.,, -n -, No. 21-07-100] J\~' ~ ~~~ _._~ -.~ , PETITION FOR ADJUDICATION / '~ `~ ' rn STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.C. Rule 6.9 This form may be used in all cases involving the Audit of the Account of a Decedent s Estate. If space is insufficient, riders may be attached. Attach the spouse's election, if any, the papers required under items 8-19 inclusive, and any instrument pertinent to the adjudication. INCL UDE ATTACHMENTS AT THE BACK OF THIS FORM. Name of Counsel: Stanley A. Smith Supreme Court I.D. No.: 33782 Address: 213 Market Street 12`h Floor Harrisbure PA 17101 Telephone: Fax: 717 For,» oaoi ,e~ in_i3_ob Page 1 of 12 722?26.1 YJ Estate of Jessie E. Smith, Deceased Name(s) and address(es) of Petitioner(s): Name: Manufacturers and Traders Trust Company, Successor to Dauphin Deuosit Bank and Trust Company Attention: Ruth Ann McMillen, Asst. Vice President nnmess: 213 Market Street, 2°d Floor HamsburQ, PA 17101 Identify any executors or administrators who have not joined in the Petition for Adjudication and Statement of Proposed Distribution and Account and state reason: Is this the first accounting by this fiduciary? ....................... ^O Yes ^No If not, identify prior accountings, the accounting periods covered, and the date of adjudication of the prior accounting. Decedent died on September 26, 2007 ^D Letters Testamentary or ^ Letters of Administration were granted to Petitioners on November 13, 2007 Date of Will (hereinafter the "Will") (if applicable): November 9, 1990 Date(s) of Codicil(s) (hereinafter the "Codicil") (if applicable): March 19, 1991 and November 16, 1994 Date of probate (if different from date Letters granted: Was a bond required? ^ Yes x^ No If yes, state amount: Are proofs of advertising of the grant of Letters attached? ........ O Yes ^ No Dates of advertising of the grant of Letters: The Patriot News on November 21 and 28, 2007 and December 5, 2007, and in the Cumberland Law Journal on November 23 and 30, 2007 and December 7 2007 ~o.,,, oc-oi ~E-,.. ~o-is oe Page 2 of 12 Estate of Jessie E. Smith, Deceased 3. Was decedent survived by a spouse? ...................... ^ Yes ~ No If yes, name of the surviving spouse: Decedent's spouse, Hugh E. Smith died on March 20, 2002, prior to Decedent's date of death 4. Has the surviving spouse filed to take an elective share? ....... ^ Yes ^O No (See Section 2201 et s~ of the Probate, Estates and Fiduciaries Code) If yes, date of election: 5. In the case of an intestacy, state the names of the decedent's surviving children or surviving issue of deceased children (if none, so state): N/A 6. Did decedent marry after execution of Will or Codicil(s)? ...... O Yes ^D No Were any children born to decedent after execution of Will or Codicil(s)? ................................... ^ Yes ^D No If yes, give names and dates of birth: Name: Date of Birth: 7. If required by the Medical Assistance Estate Recovery Act, 62 P.S. § 1412, was a request for a statement of claim sent to the Department of Public Welfare? ...................... D Yes ^ No By letter dated November 20, 2007, the Department determined that the Decedent did not receive any type of assistance from the Department of Public Welfare. fo.,,~ oc-oi ~~e~- io-i3-ob Page 3 of 12 Estate of Jessie E. Smith, Deceased 8. Written notice of the Audit as required by Pa. O. C Rules 6.3, 6.7 and 6.8 has been or will be given to all parties in interest listed in item 9 below, all unpaid creditors and all claimants listed in item 10 below. In addition, notice of any questions requiring Adjudication as discussed in item 14 below has been or will be given to all persons affected thereby. A. If Notice has been given, attach a copy of the Notice as well as a list of the names and addresses of the parties receiving such Notice. B. If Notice is yet to be given, a copy of the Notice as well as a list of the names and addresses of the parties receiving such Notice shall be submitted at the Audit together with a statement executed by a Petitioner or counsel certifying that such notice has been given. C. If any person entitled to Notice is not sui juris (e.g., minors or incapacitated persons), Notice of the Audit has been or will be given to the appropriate representative on such party's behalf as required by Pa. O.C. Rule 5.2. D. If any charitable interest is involved, Notice of the Audit has been or will also be given to the Attomey General as required under Pa. O.C. Rule 5.5. [n addition, the Attorney General's clearance certificate (or proof of service of Notice and a copy of such Notice) must be submitted herewith or at the Audit. List all parties (charitable and non-charitable) of whom Petitioner(s) has/have notice or knowledge, having or claiming any interest in the estate as beneficiaries under the Will or Codicil(s) or as intestate heirs if there is a complete or partial intestacy: A. State each party's relationship to the decedent and the nature of each party's interest(s): Name and Address o Ench Part in /merest Re[a(ianship gttd Comments, iany /nteres! Richard M. Smith Brother-in-law Bequest of tangible 1070 Barry Lane personal property; 75% Cincinnati, OH 45229-1747 ofresidue Robert Cover Nephew Specific bequest of 605 E. Martin Street $1,000.00 Jacksonville, Arkansas 72076 norm oc-ot re.•. to.ij-oe Page 4 of 12 Estate of Jessie E. Smith, Deceased Nnrne and dddress o(Eneh Vnrp~in M(eres! ~ Relrt(i°nship and Commen ts, ifnny ~ /nlere~l Hugh Cover Nephew Specific bequest of 202 Bridge Street, Floor #2 $1,000.00 New Cumberland, PA 17070 Richard E. Smith Nephew Specific bequest of 315 Golden Gate $1,000.00 Pt. Richmond, CA 94801- 3813 Geoffrey A. Smith Nephew Specific bequest of 5445 Miami Road $5,000.00 Cincinnati, OH 45243 Mrs. Raymond C. Equi, Jr. Niece Specific bequest of 2696 Bemnger Station Lane $5,000.00 Knoxville, TN 37932 Mrs. Timothy P. Dinsmore Niece Specific bequest of 107 Lawrence Street $5,000.00 Pepperell, MA 01463 Salem United None Bequest of 3% of Church of Christ residue 231 Chestnut Street Harrisburg, PA 17101 Shriners Hospital None Bequest of 3% of 2900 Rocky Point Drive residue Tampa, FL 33607 United Church of None Bequest of 3% of Christ Home residue Division of Development 30 N. 31s` Street Camp Hill, PA 17011 United Way of the None Bequest of 3% of Capital Region residue 2235 Millennium Way Enola, PA 17025 roan oaoi ,~~,, ro-is_ob Page 5 of 12 Estate of Jessie E. Smith, Deceased American Red Cross None Bequest of 3% of Capital Region residue Elizabeth Daniel, Esquire HOLLAND c~ KNIGHT 1201 West Peachtree St., N.E. One Atlantic Center Suite 2000 Atlanta, GA 30309 Bethesda Mission None Bequest of 3% of Director of Development residue 2101 N. Front Street Building 1, Suite 301 Hamsburg, PA 17110 Shippensburg University None Bequest of 3% of Foundation residue Director of Development 1871 Old Main Drive Shippensburg, PA 17257 Gettysburg College None Bequest of 4% of Director of Planned Giving residue 300 N. Washington Street Campus Box 423 Gettysburg, PA 17325-1485 Office of the Attorney General None Parens Patrei Charitable Trusts and Organizations Section 14~ Floor, Strawbetty Square Hattisburg PA 17120 B. Identify each party who is not sui juris (e.g., minors or incapacitated persons). For each such party, give date of birth, the name of each Guardian and how each Guardian was appointed. If no Guardian has been appointed, identify the next of kin of such party, giving the name, address and relationship of each. None ~-°~„~ oc-oi ~~P~~- io i3 oa Page 6 of 12 Estate of Jessie E. Smith, Deceased C. State why a Petition for Guardian/Trustee Ad Litem has or has not been filed for this Audit see Pa. O.C. Rule 12.4). All parties in interest are sui juris. D. If distribution is to be made to the personal representative of a deceased party, state date of death, date and place of grant of Letters and type of Letters granted. N/A 10. Other than the claim for the family exemption, list the names of all known claimants and the amount of their claims and state whether each claim is admitted. None Nrtme and Address of Fnch C[rtimrtn! Amount afClnim C/nirn Will C[rtim Admitted? Be Prtid [n Fuff? ^ ^ Yes ~ ^ Yes None ^ ^ No ~ ^ No ^^ Yes ^^ Yes ^^ No ^^ No ^^ Yes ^^ Yes ^^ No fJ^ No ^^ Yes ^^ Yes ^^No ^^No If the estate is insolvent, attach a schedule setting forth the order of preference under 20 Pa.CS. § 3392 and the proposed payments. N/A Frt,vn oc-ol rev_ lo.le-oe Page 7 of 12 Estate of Jessie E. Smith, Deceased 11. Was family exemption claimed? ............................ ^ Yes ^D No Was family exemption allowed? ............................ ^ Yes ^ No Family exemption claimant's name and relationship: Norse: Reln(ianship: 12. The amount of Pennsylvania Transfer Inheritance Tax and additional Pennsylvania Estate Tax paid, the date(s) of payment(s), and the interest(s) upon which paid, are as follows: Dale Pnymen! 7n(eres( 5/22/08 $21,739. ] 7 13. On the date of death, was the decedent a fiduciary (personal representative, trustee, guardian, agent under power of attorney) or surety on the bond of a fiduciary? ............... ^ Yes ^D No [f yes, provide the name of the estate, indicate whether an account has been filed and confirmed absolutely and all awards performed, or, in the alternative, how the decedent's estate will be discharged for the decedent's fiduciary administration of the estate. 14. A. Describe in detail any questions requiring adjudication and state the position of the Petitioner(s) as to each question: None. For the information of the Court, Decedent's brother, Carl F. Hatter, and his wife, Ethel Hatter, died before the decedent so the bequest under ITEM V(a) lapsed. Also, John Cover, nephew of the decedent died prior to Decedent so the bequest under ITEM V(b) lapsed. B. Has notice of the question requiring adjudication been given to the parties identified in Paragraph 9 above? .......... ^ Yes ^ No Fo.,,, oc-oi re. io ~j.oe Page 8 of 12 Estate of Jessie E. Smith, Deceased 15. If Petitioner(s) has/have knowledge that a share has been assigned, renounced, disclaimed or attached, provide a copy of the assignment, renunciation, disclaimer or attachment, together with any relevant supporting documentation. 16. Had the decedent been adjudicated an incapacitated person? ...... ^ Yes ^D No If yes, attach a copy of the Order if available; otherwise state the Court, term, number, date, and name of Hearing Judge. 17. A. List or attach a separate list of additional receipts and disbursements since the closing date of the Account. B. Has notice of the additional receipts and disbursements been given to the parties identified in Paragraph 9 above? ...... ^ Yes ^ No 18. If a reserve is requested, state amount and purpose. Amount: b) 10,901.36 vn,yos~: a) Rhoads & Sinop LLP -Attorney fees and expenses b) Manufacturers and Traders Trust Company -Executor fees and c) Cumberland Countv Register of Wills -filing fees If a reserve is requested for counsel fees, has notice of the amount of fees to be paid from the reserve been given to the parties in interest? ................................. x^ Yes ^ No Notice given by enclosed copy of account and petition. Form oc-ot .e~. io. r3-oe Page 9 of 12 Estate of Jessie E. Smith, Deceased 19. [s the Court being asked to direct the filing of a Schedule of Distribution? ...................... ^ Yes O No As to real estate only? .................................... ^ Yes ^ No Wherefore, your Petitioner(s) ask(s) that distribution be awarded to the parties entitled and suggest(s) that the distributive shares of income and principal (residuary shares being stated in proportions, not amounts) are as follows: A. Income: Proposed Uistributee(s) AmaunUPropor(ion Salem United Church of Christ $21.00 Shriners Hospital for Crippled Children $21.00 United Church of Christ Home $21.00 United Way of the Capital Region $21.00 American Red Cross of the Susquehanna $21.00 Bethesda Mission $21.00 Shippensburg University Foundation $21.00 Gettysburg College $28.00 Richard M. Smith $524.96 B. Principal: Proposed Distributee(sJ Amount/Proportion Salem United Church of Christ $5,197.71 Shriners Hospital for Crippled Children $5,197.71 United Church of Christ Home $5,197.71 United Way of the Ca itp al Region $5,197.71 Pbrm oc-oi re~_ io.is.ob Page 10 of 12 Estate of Jessie E. Smith, Deceased American Red Cross of the Susquehanna $5,197.71 Bethesda Mission $5,197.71 Shippensburg University Foundation $5,197.71 Gettysbure College $6,930.30 Richard M. Smith 400 shares of New View Corporation $520.00; Cash in the amount of 129,422.86 Submitted By: Manufacturers and Traders Trust Company, Executor By: Ruth Ann McMillen, Asst. Vic President Fo,moc-oi.~~ io.~3.06 Page 1I of 12 Estate of Jessie E. Smith, Deceased Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies that she is the Assistant Vice President of the above-named Manufacturers and Traders Trust Company and that the facts set forth in the foregoing Petition for Adjudication /Statement of Proposed Distribution which are within the personal knowledge of the Petitioner are true, and as to facts based on the information of others, the Petitioner, after diligent inquiry, believes them to be true; that the grant of letters and the first complete advertisement thereof occurred more than four months before the filing of the account; and that any false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 (relating to unsworn falsification to authorities). Sig ature of Petitioner ASST. ~ . ~,. ~ . _ h'u5a i & TRUST OffICR CertiScation of Counsel The undersigned counsel hereby certifies t the foregoing Petition for Adjudication / Statement of Proposed Distribut' n is a true and accurate reproduction of the form Petition authorized by the Supre,. ours, and hat no changes to the form have been made beyond the responses herei~r.'~ ~~ ~ of Forn~ OC-0/ ree_ 10-13-06 Page 12 Of 12 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Joumal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Cazlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, November 23 November 30. and December 7 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and chazacter of publication aze true. a Marie Coyn ,Editor SWORN TO AND SUBSCRIBED before me this Smith, Japie E., decd. Late of the Borough of Cazlisle. Executor: Manufacturers and Traders Trust Company, Attn.: Ruth Ann McMillen, 213 Market Street, Harrisburg, PA 17101. Attorneys: Stanley A. Smith, Es- quire, Rhoads & Sinon LLP, One South Market Square, P.O. Box 1146, Harrisburg, PA 17108. 7 day of December. 2007 D ` Notary NOTARIAL SEAL DEBORAH q COLLINS Nofary Public CARLISLE BORO, CUMBERLgND COUNTY My Commisslon Expires Apr 28, 2010 Th P N C ~ ~ e atrlot- ews o. • 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 RHOADS & SINON, LLP ATTN:JUDIKRAPE ONE S. MARKET SQUARE P.O. BOX 1146 HARRISBURG cue ~latriot~~ews Now you know PA 17108 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad # 0001778844 ran on the dates shown below: November 21, 2007 November 28, 2007 December 05, 2007 Sworn to and S ~cribed before me this 05 day of December, 2007 A. D. l;' Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal James L gaik, Noiary Public Ctty OF Harrisburg, Dauphin County MY Canmisabn E~Ires June 2, 2008 Member, Pennsylvania Assoclatlon of Notaries IN RE: IN THE COURT OF COMMON PLEAS ESTATE OF JESSIE E. SMITH, :CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO.21-07-1001 CERTIFICATION OF NOTICE I, Stanley A. Smith, Esquire, attorney for the above-captioned estate, do hereby certify that on .~~~ I I , 2008, I caused notice of the filing of the First and Final Account of Manufacturers and Traders Trust Company, Successor to Dauphin Deposit Bank and Trust Company, Executor of the Estate of Jessie E. Smith, to be served on all parties in interest identified in the Petition for Distribution, by certified mail, return receipt requested, and that the requirements of Cumberland County Orphans' Court Rules 6.3.1.(a) and 6.3.1.(b) have been met. A copy of the Notice is attached hereto. RH Date: ~___~_, 2008 By One South Market Square PO Box 1146 Harrisburg, PA 171 08-1 1 46 (717) 233-5731 IN RE: IN THE COURT OF COMMON PLEAS ESTATE OF JESSIE E. SMITH, :CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO.21-07-1001 ORDER AND NOW, this day of 2009, proper notice having been given of the filing of the First and Final Account of Manufacturers and Traders Trust Company, Successor to Dauphin Deposit Bank and Trust Company, Executor of the Estate of Jessie E. Smith, and of the call thereof For audit and no objections having been filed, the Account, including all prior distributions reported therein, is hereby confirmed and distribution of the remaining assets is awazded as set forth in the Proposed Distribution attached to said Account. This is a nisi order which shall become absolute as of course unless written exceptions are filed within ten (10) days after the date of the filing hereof. Judge In the Orphans' Court Division Certified from the record as Absolute Clerk of the Orphans' Court Division "123390.7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. ORPHANS' COURT DIVISION NO. 21-07-1001 a~l~ n ESTATE OF JESSIE E. SMITH, DECEASED ~^ O 17 ?; r- FIRST AND FINAL ACCOUNT OF ~"~~ MANUFACTURERS AND TRADERS TRUST COMPANY _ - ~'i Date of Death: Date of Executor's Appointment: Date of First Complete Advertisement: The Patriot News: Cumberland Law Journal: September 26, 2Q(~7 November 13, 2007 November 21, 28 and December 5, 2007 November 23, 30 and December 7, 2007 Accounting for the period: September 26, 2007 to October 2, 2008 PwJ !~ i7 O !T7 C ) Tl ~: cn Purpose of Account: The Executor offers this Account to acquaint interested parties with the transactions that have occurred during the Administration. It is important that the Account be carefully Examined. Requests for additional information, questions or objections can be discussed with: Ruth Ann McMillen Manufacturers and Traders Trust Company 213 Market Street Harrisburg, PA 17101 (717) 255-2109 or Stanley A. Smith, Esquire Rhoads & Sinon, LLP One South Market Square, Harrisburg, PA 17108 (717) 233-5731 - 1 - i ~~ fr '.'i ~" SUMMARY OF ACCOUNT PRINCIPAL PAGES Receipts Net Loss on Sales or Disposition Less Disbursements: Funeral Expenses Debts of Decedent Federal State & Local Taxes Administration - Misc. Exp. Balance before Distributions Distributions to Beneficiaries Principal Balance on Hand For Information: Changes in Holdings INCOME Receipts Less Disbursements Balance before Distributions Distributions to Beneficiaries Income Balance on Hand COMBINED BALANCE ON HAND Proposed Principal Distributions Proposed Income Distributions Verificat ion 3-5 $ 255,191. 39 6-7 -2,511. 96 $ 252,629. 93 8 S 13,319. 00 8 930. 30 8 21,992. 95 8-9 21,315. 05 -57,007. 30 $ 195,622. 13 10 -22,365. 00 11 S 173,257. 13 12-19 15-16 $ 6,396. 61 17 -277. 08 $ 6,119. 53 18-19 -5,919. 57 20 $ 699. 96 $ 173,957.09 21-22 23-29 25 - 2 - PRINCIPAL RECEIPTS Assets Listed in Inventory (Valued as of Date of Death) Bonds $39.12 GNMA Pool #25697 8.5% due 7/15/08 - Date of Death Value - Received from Hugh & Jessie Smith Trust Stocks-Closely Held 900 Shs. New View Corporation Common Stocks 200 Shs. Du Pont E I De Nemours & Co. - Date of Death Value - Received from Hugh & Jessie Smith Trust 600 Shs. Washington Real Estate Invt (REST) - Date of Death Value - Received from Hugh & Jessie Smith Trust Accrued Dividend Life Insurance Policies Northwester^ Mutual Life Insurance Policy #5129079 Northwestern Mutual Life Insurance Policy #2960552 Personal Effects Household Effects - Appraised Value Mutual Funds 1,641.939 Shs. MTB Large Cap Value-Inst I Fund #327 - Date of Death Value - Received from Hugh & Jessie Smith Trust Accrued Dividend 11,054.059 Shs. MTB US Government Bond Inst I Fund #822 - Date of Death Value - Received from Hugh & Jessie Smith Trust FORWARD $ 39.12 520.00 9,991. 00 19,887. 00 253. 50 21,933. 53 12,271. 43 365. 00 22,193.01 50.88 102,360.59 $ 189,765.06 - 3 - PRINCIPAL RECEIPTS (cont'd) FORWARD $ 189,765.06 Mutual Funds (cont'd) 933.839 Shs. STI Classic SEIX Floating Rate-I - Date of Death Value - Received from Hugh & Jessie Smith Trust 9,002 .16 1,579.64 Shs. Vanguard Value Index Fund #6 - Date of Death Value - Received from Hugh & Jessie Smith Trust 93,885 .22 $ 292,652 .49 M&T Bank Checking Account #10091575 - Date of Death Value 2,191 .92 Received from Embarq - Refund 11 .91 Received from Hugh & Jessie Smith Trust - Principal Balance as of Date of Death 6,588 .88 Received from Hugh & Jessie Smith Trust - Income Balance as of Date of Death 616 .91 Received from Pharmerica Corporation - Refund 982. 90 Received from United Christ Homes - Refund 1,120. 73 State Employees' Retirement System - Annuity 159. 86 $ 254,329.55 SUBSEQUENT RECEIPTS CASH: 11/30/07 Received from Hugh & Jessie Smith Trust - Remaining Principal Cash $ 29.90 09/08/08 Received from Pharmerica Corporation Additional Refund 282.69 FORWARD $ 307.59 $ 259,329.55 q _ PRINCIPAL RECEIPTS (cont'd) FORWARD SUESEOUENT RECEIPTS (cont'd) CASH: (cont'd) 09/29/08 Received from Treasury Dept - Unclaimed Property 06/26/08 2007 Federal Individual Income Tax Refund 07/02/08 Received from Treasury Dept - 2007 Economic Stimulus Payment TOTAL PRINCIPAL RECEIPTS $ 307.59 $ 254,324.55 86.25 123.00 300.00 816.84 $ 255,141.39 ---------------- ------------------ - 5 - PRINCIPAL GAINS OR LOSSES ON SALES OR OTHER DISPOSITIONS GAIN LOSS 12/03/07 933.839 Shs. STI Classic SEIX Floating Rate-I Net Proceeds 8,880.76 Acquisition Value 9,002.16 12/04/07 1,691.939 Shs. MTB Large Cap Value-Inst I Fund #327 Net Proceeds 21,179.56 Acquisition Value 22,143.01 12/09/07 1,574.69 Shs. Vanguard Value Index Fund #6 Net Proceeds 91,539.00 Acquisition Value 93,885.22 12/09/07 11,059.059 Shs. MTB US Government Bond Inst I Fund #822 Net Proceeds 109,903.02 Acquisition Value 102,360.59 $ 12/05/07 200 Shs. Du Pont E I De Nemours & Co. Net Proceeds 9,133.88 Acquisition Value 9.991.00 12/05/07 600 Shs. Washington Real Estate Invt (REST) Net Proceeds 19,075.70 Acquisition Value 19,887.00 12/17/07 $6.82 GNMA Pool #25697 8.So due 7/15/08 - Paid Down Net Proceeds 6.82 Acquisition Value 6.82 01/15/08 $6.88 GNMA Pool #25697 8.5% due 7/15/08 - Paid Down Net Proceeds 6.88 Acquisition Value 6.88 02/07/08 Northwestern Mutual Life Insurance Policy #2960552 Net Proceeds 12,271.43 Acquisition Value 12,271.93 FORWARD $ $ 121.40 968.45 2,396.22 2,592.93 807.12 811.30 2,542.93 $ 5,059.99 - 6 - PRINCIPAL GAINS OR LOSSES ON SALES OR OTHER DISPOSITIONS (cont'dI FORWARD 02/07/08 Northwestern Mutual Life Insurance Policy #5129079 Net Proceeds 21,933.53 Acquisition Value 21,933.53 02/15/08 $6.93 GNMA Pool #25697 8.5% due 7/15/08 - Paid Down Net Proceeds 6.93 Acquisition Value 6.93 03/17/08 $6.98 GNMA Pool #25697 8.5°s due 7/15/08 - Paid Down Net Proceeds 6.98 Acquisition Value ____ 6.98 09/15/08 56.86 GNMA Pool #25697 B.So due 7/15/08 - Paid Down Net Proceeds 6.86 Acquisition Value 6.86 05/15/08 $9.75 GNMA Pool #25697 8.5% due 7/15/08 - Paid Down Net Proceeds 9.75 Acquisition Value 9.65 TOTALS NET LOSS TRANSFERRED TO SONNARY GAIN LOSS $ 2,592.43 $ 5,059.99 10 S 2,592.53 $ 5,054.99 $ 2,511.96 ------------- --------------- - 7 - DISBURSEMENTS OF PRINCIPAL FUNERAL EXPENSES Myers-Harney Funeral Home. Inc. 12/05/07 Funeral Expense DEBTS OF DECEDENT Embarg 12/05/07 Telephone Expense Millenium Phvc Svs, Inc 12/05/07 Medical Expense Pennsylvania State Employees' Retirement System 12/28/07 Reimbursement of Prorated September Annuity Souder Tax Service 12/05/07 2006 Tax Preparation Fee FEDERAL STATE & LOCAL TAXES Cumberland County Register of Wills 05/22/08 Pennsylvania Inheritance Tax Payment Pennsylvania Dept of Revenue 05/13/08 2007 Individual Income Tax - Balance Due $ 195.00 07/25/08 2007 Individual Income Tax - Additional Balance Due 8.76 ADMINISTRATION - MISC. EXPENSES Cumberland County Register of Wills 05/30/08 Filing Fees for Inventory and PA Inheritance Tax $ 30.00 06/09/08 Probate Costs 50.00 George Haar. Auctioneer 12/10/07 Appraisal Fee - Personal Property FORWARD $ 13,319.00 $ 13,319.00 51.23 40.58 243.99 95.00 930.30 21,739.19 203.76 21,992.95 80.00 50.00 $ 130.00 S 35,692.25 - 8 - DISBURSEMENTS OF PRINCIPAL (cont'd) FORWARD $ 130.00 $ ADMINISTRATION - MISC. EXPENSES (cont'd) The Patriot News Co. O1/OB/OB Cost of Advertising and Proof of Publication 181.50 Rhoads & Sino r. 01/11/08 Reimbursement for Cost of Advertising and Proof of Publication in Cumberland Law Journal $ 75.00 01/11/08 Reimbursement for Probate Fees paid to Cumberland County Register of Wills 369.00 449.00 Thomson Fast Tax - Individual Income Tax Preparation Fee 06/24/08 For 2007 900.00 RESERVES: Rhoads & Sinon, LLP - Attorney Fee Manufacturers and Traders Trust Co. - Executor Fee Cumberland County Register of Wills - Filing Fee Rhoads & Sinon, LLP - Out of Pocket Expenses TOTAL DISBURSEMENTS OF PRINCIPAL $ s,7so.oo 10,901.36 300.00 208.19 20,159.55 35,692.25 21,315.05 57,007.30 - 9 - DISTRIBUTIONS OF PRINCIPAL TO BENEFICIARIES Richard M. Smith 02/13/08 Household Effects - Dist ribu ted i n Kind $ 365 .00 Hugh Cover 02/15/08 Specific Bequest as per Item V(b) of the Will ].,000 .00 Robert Cover 02/28/08 Specific Bequest as per Item V(b) of the Will 1.,000 .00 Geoffrey A. Smith 05/09/08 Specific Bequest as per Item V(c) of the Will _~, 000. 00 Mrs. Timothy Dinsmore 02/28/08 Specific Bequest as per Item V(c) of the Will °~, 000. 00 Mrs. Raymond C. Egui, Jr. 02/15/08 Specific Bequest as per Item V(c) of the Will 5,000.00 Richard E. Smith 02/28/08 Specific Bequest as per Item V(c) of the Will TOTAL DISTRIBUTIONS OF PRINCIPAL TO BENEFICIARIES 5,000.00 S 22,365.00 --------------- --------------- - 10 - PRINCIPAL BALANCE ON HAND Stocks-Closely Held 400 Shs. New View Corporation CASH (AUTOMATICALLY INVESTED) TOTAL PRINCIPAL BALANCE ON HAND FIDUCIARY VALUE AT ACQUISITION 10/02/2008 VALUE $ 520. 00 $ 520. 00 $ 520. 00 $ 520. 00 172,737. 13 172,737. 13 S 173,257. 13 $ 173,257. 13 THE ABOVE CASH IS CORRENTLY INVESTED IN MTB Money Market-Inst I Fund #920 - 11 - CHANGES IN PRINCIPAL HOLDINGS ACCOUNT VALUE Household Effects 0 Inventoried $ 365.00 02/13/08 0 Distributed in Kind -365.00 0 $ 0.00 Du Pont E I De Nemours & Co. 200 Shs . Inventoried $ 9,991 .00 12/05/07 200 Shs . Sold -9.941 .00 0 Shs -------------------- --------------------- . - - $ 0 .00 GNMA Pool #25697 8. 5% due 7/15/08 ------ --------- --- $39.12 Inventoried $ 39 .12 12/17/07 S6.82 Paid Down -6 .82 $32.30 $ 32 .30 O1/15/OB 56.88 Paid Down -6 .88 $25.92 $ 25 .92 02/15/08 56.93 Paid Down -6 .93 $18.99 $ 18 .49 03/17/08 56.98 Paid Down _6 .98 511.51 5 11 .51 09/15/08 $6.86 Paid Down -6 .86 $9.65 $ 4. 65 05/13/08 50.10 Par Value Adjustment 0. 00 $9.75 $ 9. 65 05/15/08 $9.75 Paid Down -9. 65 $0.00 $ 0. 00 - 12 - CHANGES IN PRINCIPAL HOLDINGS (cont'dl MTB Larae Cap Value-Inst I Fund #327 1,691.939 Shs. Inventoried 12/04/07 1,691.439 Shs. Sold 0.0 Shs. MTB US Government Bond Inst I Fund #822 11,059.059 Shs. Inventoried 12/04/07 11,059.059 Shs. Sold 0.0 Shs. New View Corporation 900 Shs. Inventoried Northwestern Mutual Life Insurance Pol i.cv #5129074 0 Inventoried 02/07/08 Received Proceeds 0 ACCOUNT VALUE S 22,193.01 -22,193.01 $ 0.00 $ 102,360.59 -102,360.59 $ 0.00 $ 520.00 S 21,933.53 -21,933.53 S 0.00 - 13 - CHANGES IN PRINCIPAL HOLDINGS (cont'd) Northwestern Mutual Life Insurance Policv #2960552 0 Inventoried 02/07/08 Received Proceeds 0 STI Classic SEIX Floating Rate-I 933.834 Shs. Inventoried 12/03/07 933.839 Shs. Sold 0.0 Shs. -------------------- --------------------- Vanguard Value Index Fund #6 1,579.69 Shs. Inventoried 12/09/07 1,579.64 Shs Sold 0.00 Shs. Washington Real Estate Invt (REST) 600 Shs. Inventoried 12/05/07 600 Shs. Sold 0 Shs. ACCOUNT VALUE $ 12,271.93 -12,271.93 S 0.00 S 9,002.16 -9.002.16 $ 0.00 $ 93,885.22 -43,885.22 S 0.00 $ 19,887.00 -19,887 00 5 0.00 - 14 - RECEIPTS OF INCOME Received from Huah & Jessie Smith Trust 11/30/07 Remaining Income Cash - $806.69 less MTB Large Cap Accrued Dividend ($50.88) and Washington Real Estate Inv Accrued Dividend ($253.50) $ 502.31 12/13/07 Final Income Cash 296.91 12/20/07 Dividend on E I Du Pont Denemours - __ 82.00 $ 880.72 GNNA Pool #25697 8.5% due 7/15/08 12/17/07 Interest $39. 12 $ p. 2g 01/15/08 Interest $32. 30 0. 23 02/15/08 Interest $32. 30 0. 18 03/17/08 Interest $25. 37 0. 13 04/15/08 Interest $18. 39 0. 08 05/1.5/08 Interest $11. 63 _.. 0. 03 .93 MTB Monev Market-Inst I-Fund #920 12/03/07 Interest $ 3 .08 01/02/08 Interest 702 .39 02/01/08 Interest. 732 .76 03/03/08 Interest 655 .82 09/01/08 Interest 538 .79 05/01/08 Interest 996 .59 06/02/08 Interest 395 .17 07/01/08 Interest 3gg ,9q 08/01/08 Interest 364 .88 09/02/08 Interest 365 .62 10/O1/OB Interest 356 .28 9,910.22 MTB OS Government Bond Inst I Fund #822 12/03/07 Dividend 11,059.059 Shs. $ 24.39 01/02/08 Dividend 11,095.059 Shs. 35.33 59.67 Northwestern Mutual Life Insurance Policv #5129079 02/07/08 Interest 229 49 Northwestern Mutual Life Insurance Policv #2960552 02/07/08 Interest 125.57 FORWARD $ 6,201.55 - 15 - RECEIPTS OF INCOME (cont'd) FORWARD Northwestern Mutual Access Fund #80200611058959 02/07/08 Interest for Jan & Feb, 2008 $ 167.39 03/05/08 Interest 29,19 STI Classic SEIX Floating Rate-I 12/03/07 Dividend 933.834 Shs. TOTAL RECEIPTS OF INCOME S 6,201.55 191.98 3.58 $ 6,396.61 --------------- --------------- - 16 - DISBURSEMENTS OF INCOME Manufacturers and Traders Trust Comoanv 12/06/07 Commission 01/07/08 Commission 02/06/08 Commission 03/06/08 Commissio^ 09/07/08 Commission 05/06/08 Commission 06/06/08 Commission 07/07/08 Commission 08/06/08 Commission 09/08/08 Commissio^ TOTAL DISBURSEMENTS OF INCOME S 1.85 99.28 93.98 39.36 32.39 26.79 23.7]. 20.94 21.89 $ 277.08 $ 277.08 ------------- - 17 - DISTRIBUTIONS OF INCOME TO BENEFICIARIES Shriners Hospital for Crippled Children - 3% Share of Residue as per Item V(d)2 of the Will 08/25/08 Distribution United Church of Christ Home - 3% Share of Residue as per Item V(d)3 of the Will 08/25/08 Distribution United Wav of the Capital Region - 3o Share of Residue as per Item V(d)9 of the Will 08/25/08 Distribution American Red Cross of the Susquehanna Valley - 3% Share of Residue as per Item V(d15 of the Will 08/25/08 Distribution Bethesda Mission - 3% Share of Residue as per Item V(d)6 of the Will 08/25/08 Distribution Shippensburg University Foundation - 3% Share of Residue as per Item V(d)7 of the Will 08/25/08 Distribution Gettysburg College - 9% Share of Residue as per Item V(d)8 of the Wi11 08/25/08 Distribution FORWARD $ 162.59 162.59 162.59 162.58 162.58 162.58 216.79 S 1,192.30 - 18 - DISTRIBUTIONS OF INCOME TO BENEFICIARIES (cont'd) FORWARD Richard M. Smith - 75% Share of Residue as per Item V(d)9 of the Will 08/25/08 Distributio^ Salem United Church of Christ - 3% Share of Residue as per Item I(1) of the Codicil to the Will 08/25/08 Distribution TOTAL DISTRIBUTIONS OF INCOME TO BENEFICIARIES $ 1,192.30 4,069.68 162.59 $ 5,919.57 - 19 - INCOME BALANCE ON HAND FIDOCIARY VALOE AT ACQOIS]:TION 10/02/2008 VALUE CASH (AUTOMATICALLY INVESTED) $ 699.96 $ 699.96 TOTAL INCOME BALANCE ON HAND $ 699.96 $ ----------------- - ------------------ - THE ABOVE CASH IS CORRENTLY INVESTED IN MTB Money Market-Inst I Fund #420 699.96 - 20 - PROPOSED PRINCIPAL DISTRIBUTION SCHEDULE Market Value Fiduciary as of Acquisition 10/02/2008 Value Shriners Hospital for Crippled Children - 3% Share of Residue as per Item V(d)2 of the Will MTB Money Market-Inst I-Fund #920 - Principal Cash $ 5,197.71 $ 5,].97.71 $ 5,197.71 $ 5,197.71 United Church of Christ Home - 3% Share of Residue as per Item V(d)3 of the Will MTB Money Market-Inst I-Fund #920 - Principal Cash $ 5,197.71 $ 5,197.71 5,197.71 5,197.71 United Wav of the Capital Region - 3% Share of Residue as per Item V(d)9 of the Will MTB Money Market-Inst I-Fund #420 - Principal Cash $ 5,197.71 $ 5,197.71 5,197.71 5,197.71 American Red Cross of the Susquehanna Vallev - 3% Share of Residue as per Item V(d)5 of the will MTB Money Market-Inst I-Fund #920 - Principal Cash $ 5,197.71 ~ 5,197,71 5,197.71 5,197.71 Bethesda Mission - 3°o Share of Residue as per Item V(d)6 of the Will MTB Money Market-Inst I-Fund #920 - Princi.pal Cash $ 5.197.71 $ 5,197.71 5,197.71 5,197.71 - 21 - PROPOSED PRINCIPAL DISTRIBUTION SCHEDULE (cont'd) Shippensburq University Foundation - 3o Share of Residue as per Item V(d)7 of the Will MTB Money Market-Inst I-Fund #920 - Principal Cash $ 5,197.71 S 5.197.71 5,197.71 5,197.71 Gettvsburg College - 9% Share of Residue as per Item V(d)8 of the Will MTB Money Market-Inst I-Fund #920 - Principal Cash ~ 6,930.30 $ 6,930.30 6, 930.30 6, 930.30 Richard M. Smith - 75$ Share of Residue as per Item V(d)9 of the Will 900 Shs. New View Corporation MTB Money Market-Inst I-Fund #420 - Principal Cash $ 520.00 $ 520.00 129,922.86 129,422.86 129,992.86 129,942.86 Salem United Church of Christ - 3o Share of Residue as per Item I(1) of the Codicil to the Will MTB Money Market-Inst I-Fund #420 - Principal. Cash $ 5,197.71 $ 5,197.71 S 5,197.71 $ 5,197.71 TOTAL S 173,257.13 S 173,257.13 - 22 - PROPOSED INCOME DISTRIBUTION SCHEDULE Market Value Fiduciary as of Acquisition 10/02/2008 Value Shriners Hospital for Crippled Children - 3°s Share of Residue as per Item V(d)2 of the Will MTB Money Market-Inst I-Fund #920 - Income Cash $ 21.00 $ 21.00 S 21.00 $ 21.00 United Church of Christ Home - 3% Share of Residue as per Item V(d)3 of the Will MTB Money Market-Inst I-Fund #920 - Income Cash $ 21.00 $ 21.00 21.00 21.00 United Wav of the Capital Region - 3% Share of Residue as per Item V(d)9 of the Will MTB Money Market-Inst I-Fund #420 - Income Cash S 21.00 $ 21.00 21.00 21.00 American Red Cross of the Susquehanna Vallev - 3o Share of Residue as per Item V(d)5 of the Will MTB Money Market-Inst I-Fund #920 - Income Cash $ 21.00 $ 21.00 21.00 21.00 Bethesda Mission - 3% Share of Residue as per Item V(d)6 of the Will MTB Money Market-Inst I-Fund #420 - Income Cash 21.00 $ 21.00 21.00 21.00 - 23 - PROPOSED INCOME DISTRIBUTION SCHEDULE (cont'd) Shippensburg University Foundation - 3% Share of Residue as per Item V(d)7 of the Will MTB Money Market-Inst I-Fund #920 - Income Cash $ 21.00 $ 21.00 21.00 21.00 Gettysburg College - 9% Share of Residue as per Item V(d)8 of the Will MTB Money Market-Inst I-Fund #920 - Income Cash S 28.00 S 28.00 28.00 28.00 Richard M. Smith - 75% Share of Residue as per Item V(d)9 of the will MTB Money Market-Inst I-Fund #920 - Income Cash S 524.96 $ 524.96 529.96 524.96 Salem United Church of Christ - 3% Share of Residue as per Item I(11 of the Codicil to the Will MTB Money Market-Inst I-Fund #920 - Income Cash S 21.00 $ 21.00 $ 21.00 $ 21.00 TOTAL $ 699.96 $ 699.96 ______ _________ ________________ - 29 - MANUFACTURERS AND TRADERS TRUST COMPANY, Executor of the Will of JES:SIE E. SMITH, Deceased, hereby declares under oath that i.t has fully and faithfully discharged the duties of its office; that the foregoing First nd Final Account is true and correct and fully discloses all significant transactions occurring during the accounting period; that all known claims against the Estate have been paid in full; that, to its knowledge, there are no claims outstanding against the Estate; that all taxes presently due from the Estate have been paid; and that the grant of Letters Testamentary and the first complete advertisement thereof occured more than four months before the filing of the foregoing First and Final Account. This statement is made subject to penalties of 18 Pa. C.S.A. Section 9904 relating to unsworn falsif ication to authorities. Ma u cturers and Traders Tr st Company Dated: ~0 Subscribed and sworn to by befor/e/me this/u^ day of Lk~,af'e ~iL. 2008. ~~'L1~ ~l~/'GGJ~F~i3 Z. Notary Public COMMONWEALTH OF PENNSYLVANIA NotaAal Seel Dome Nt LagrMtet Nofa~y PWAc CnY ~ N. ~Y My CanrNeebn E~kea Oct 27.2011 Momwr, PannaylwMa Asaoclatbn of NouAes A55T. & TRUS7 OFfICGR - 25 -