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HomeMy WebLinkAbout12-05-08DECEDENT'S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION n ~Q ESTATE OF FRANK E. HOLLAR, JR. , DECEASEIk? T ,~ca No. 21-87-0896 _ >C7~i c-~C ;.~ -'7i H PETITION FOR ADJUDICATION / STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.C. Rule 6.9 N D C _. ~ m ~~:~ 0 (.._' rn c' ; ,- ~ -_ =, cn _r ~~ ~ c ::~ 7c ~i _~~ ri ~ ~ G!1 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. /NCL UDE ATTACHMENTS AT THE BACX OF THIS FORM. Name of Counsel: Charles E. Shields, III Supreme Court I.D. No.: 38513 Name of Law Firm: N/A Address: 6 Clouser Road, Mechanicsburg. PA 17055 Telephone: (717)795-0204 Fax:_ (7171795-7473 Fo.moc-ni ,~.~ io.~s,ne Page 1 of 10 Estate of FRANK E. HOLLAR, JR. 1. Name(s) and address(es) of Petitioner(s): N~m~. W. Mickey Nye Frank C. Nye Add,.~ss, 750 East King Street Deceased J. Harold Kauffman 2681 Ritner Hwy 720 Brenton Street Shippensburg, PA 17257 Carlisle, PA 17015 Shippensburg, PA 17257 Identify any executors or administrators who have not joined in the Petition for Adjudication and Statement of Proposed Distribution and state reason: None Is this the first accounting by this fiduciary? ..................... ^Yes ~ No If not, identify prior accountings, the accounting periods covered, and the date of adjudication of the prior accounting. 2. Decedent died on December 14, 1987 Q Letters Testamentary or ^ Letters of Administration were granted to Petitioner(s) on December 21. 1987 Date of Will (if applicable): September 1, 1984 Date(s) of Codicil(s) (if applicable): N/A Date of probate (ifdifferentfrom date Letters granted): Same Was a bond required? ^Yes Q No If yes, state amount: Are proofs of advertising of the grant of Letters attached? ......... ^Yes ~ No Dates of advertising of the grant of Letters: The first complete advertisement was made long ago on January 8, 1988. r~o.n~ ocoi .e~_ io.i3 oe Page 2 of 10 Estate of FRANK E. HOLLAR, JR. Deceased 3. Was decedent survived by a spouse? ............................. ^Yes ^/ No If yes, name of the surviving spouse: 4. Has the surviving spouse filed to take an elective share? ............. ^Yes ^ No (See Section 2201 et sue. of the Probate, Estates and Fiduciaries Code) If yes, date of 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)? ........... ^Yes ^/ No Were any children born to decedent after execution of Will or Codicil(s)? ........................................... ^Yes ^/ 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? .............................. ^/ Yes ^ No Form oc-or .e~. x~_zi.ob Page 3 of 10 Estate of FRANK E. HOLLAR, JR. 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 Attorney General as required under Pa. O.C. Rule 5.5. In 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. 9. 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): ;Nome and Charles Richard Nye, Jr. Grandchild I 1/10th 703 Charles Street Shippensburg, PA 17257 Christy A. Hoover Grandchild 1/10th 681 W. Louther Street Carlisle, PA 17013 Fn.m oc-o~ rev. m.~3_oe Page 4 of 10 Estate of FRANK E. HOLLAR, JR. ,Deceased Name and Address ajEach Party in Interest I Re(atio h 0 d C r j y l / r r Christopher A.. Nye Grandchild 1/10th 21566 East Wanderlunst Place Parker, CO 80138 Timothy E. Nye Grandchild 1/10th 708 Maryland Avenue Pittsburgh,PA 15232-2504 ** Please see additional sheets. 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. N/A 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). N/A D. [f 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 Porm oc-o( ,~~-~~. (0.(3.0 Page 5 of 10 A. Estate of FRANK E. HOLLAR, JR. Deceased m~e.~~ Frank C. Nye I Grandchild I 1/10th 2681 Ritner Highway Carlisle, PA 17015 Timothy M. Nye Grandchild 1/10th 220 Timothy Lane Shippensburg,PA 17257 ** Please see additional sheets. 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. N/A 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). N/A 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 f'~~~m oc-a .ems ~o ~3 nc Page 5 of 10 Estate of FRANK E. HOLLAR, JR. ,Deceased Name and Address ajEach Party in (nferes! I Re( !' Kn d C ! 'j y I / ! ! Cathy Jo Heisey Grandchild 1/10th 501 Taylor Drive Chillicothe, IL 61523 Peter T. Nye Grandchild 1/10th 230 Timothy Lane Shippensburg, PA 17257 ** Please see additional sheet. 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. N/A 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). N/A 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 Porm oc-o/ rev. !0./3.06 Page 5 of 10 B. Estate of FRANK E. HOLLAR, JR. ,Deceased Nume and Address o(Each Purry in lnJeres( I Re( ti h'- d C ! 'I I I W. Mickey Nye Grandchild 1/10th a/k/a Wade Mickey Nye 7S0 East King Street Shippensburg, PA 17257 Harriett Sue Scharfenberg Grandchild 1/10th a/k/a Sue Nye Scharfenberg 116 Cumberland Avenue Shippensburg, PA 17257 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. N/A C. State why a Petition for Guardian/Trustee Ad Litem has or has not been filed far this Audit (see Pa. O. C. Rule 12.4). N/A 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 Farm oao( rev. (o es.ob Page 5 of 10 C. Estate of FRANK E. HOLLAR, JR. Deceased 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. Name and Address afEach Claimant Amount ojC(aim Claim Wi!! Claim Admi!!ed? Be Paid In - F !! All Claimants have been paid in full in ^Yes ^Yes the normal course of the continuing ^No ^ No Estate Administration. ^Yes ^Yes ^No ^ No ^Yes ^Yes ^No ^No ^Yes ^Yes ^No ^ No If the estate is insolvent, attach a schedule setting forth the order of preference under 20 Pa.C.S. ¢ 3392 and the proposed payments. 11. Was family exemption claimed? ................................ ^Yes ^/ No Was family exemption allowed? ................................ ^Yes ^No Family exemption claimant's name and relationship: Farm oc-o! .e~. !o.ls.oe Page 6 of 10 Estate of FRANK E. HOLLAR, JR. ,Deceased 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: Date Payment Interest Not applicable. Was long ago paid and accepted as paid in full. 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 ^/ No If 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. B. Has notice of the question requiring adjudication been given to the parties identified in Paragraph 9 above? .................. ^Yes ^ No 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. corm oc-oi .e~. ro.fs.oe Page 7 of 10 Estate of FRANK E. HOLLAR, JR. ,Deceased 16. Had the decedent been adjudicated an incapacitated person? .......... ^Yes ^/ 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. N/A 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. P°"P05e N/A. This is an ongoing Estate Administration. 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? ........................................ ^Yes ^No If so, attach a copy of the notice. 19. is the Court being asked to direct the filing of a Schedule of Distribution? .......................... ^Yes ^/ No As to real estate only? ........................................ ^Yes ^No r°,,,~ oc-o~ ,~~ io.i~.oe Page 8 of 10 Estate of FRANK E. HOLLAR, JR. Deceased 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 Distributee(s) Distributions are ongoing and have already been made as detailed in the Account. B. Principal: Proposed Distributee(sJ Amount/Proportion Amount/Proportion Submitted By: (All petitioners must sign. Add additional lines if necessary): Name of Petitioner: W. Mi ey Ny ~ Z Name of Petitioner: ~ k C. Nye ,i Namef of Petitioner: S. Harold Ka man Form OC-0l rev. 10.13.06 Page 9 Of I~ Estate of FRANK E. HOLLAR, JR. Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that h~sne is Urre ~~%~ of the above-named nume Deceased and] that the facts set forth in the foregoing Petition for Adjudication /Statement of Proposed Distribution which are within the personal lrnowledge of the Petitioner are true, and as to facts based on the information of others, the Petitioner, after diligent inquiry, believes them to be true; and that any false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 (relating to unsworn falsification to authorities). ,~ Signature of Petitioner * Corporate petitioners must complete bracketed information. Certification of Counsel The undersigned counsel hereby certifies that the foregoing Petition for Adjudication/ Statement of Proposed Distribution is a true and accurate reproduction of the form Petition authorized by the Supreme Court, and that no changes to the form have been made beyond the responses herein. Signature of Counsel for Petitioner ro„„ oc-or ~~~ ro.rs.ob Page ]0 of 10 Estate of FRANK E. HOLLAR, JR. ,Deceased Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that n~sne is nae ~~L~ONBL of the above-named and] that the facts set forth in the foregoing Petition for Adjudication /Statement of Proposed Distribution which are within the personal knowledge of the Petitioner are true, and as to facts based on the information of others, the Petitioner, after diligent inquiry, believes them to be true; and that any false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 (relating to unsworn falsification to authorities). I Signature of Petitioner * Corporate petitioners must complete bracketed information. Certification of Counsel The undersigned counsel hereby certifies that the foregoing Petition for Adjudication/ Statement of Proposed Distribution is a true and accurate reproduction of the form Petition authorized by the Supreme Court, and that no changes to the form have been made beyond the responses herein. Signature of Counsel for Petitioner Fo.m oc-or .e,~. ro.r3.oe Page 10 of 10 A. Estate of FRANK E. HOLLAR, JR. Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that neisne is r;ue ~~!ytiLt-/)t_ Opt. of the above-named Deceased 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, afrer diligent inquiry, believes them to be true; and that any false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 (relating to unsworn falsification to authorities). a r• - ,~ ~~ ~- S} rt9 ' e of Petiti er ~~ v * Corporate petitioners must complete bracketed information. Certification of Counsel The undersigned counsel hereby certifies that the foregoing Petition for Adjudication/ Statement of Proposed Distribution is a true and accurate reproduction of the form Petition authorized by the Supreme Court, and that no changes to the form have been made beyond the responses herein. Gr~~ Signature of Counsel for etitioner Fo.moc-or ,~~ ro.ranb Page 10 of 10 B. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION FILE NO. 21-87-896 SEVENTH AND PARTIAL ACCCOUNT OF W. Mickey Nye, Frank C. Nye and J. Harold Kauffman, Co-Executors For ESTATE OF FRANK E. HOLLAR, JR., DECEASED Social Security #: Tax ID# Date of Death: Date of Executor's Appointment: Date of First Complete Advertisement: Accounting for the Period: 171-28-7082 23-6899523 December 14, 1987 December 21, 1987 January 8, 1988 June 1, 2005 to May 31, 2008 Purpose of Account: The Co-Executors offer this account to acquaint interested parties with the transactions that have occurred during this administration. It is important that the account be carefully examined. Requests for additional information or questions or objections can be discussed with: Charles E. Shields, III 6 Clouser Road Mechanicsburg, PA 17055 717-766-0209 Supreme Court I.D. No. 38513 <~ ~_ ao m ' ;~ o rn , r`, c, ~~ ~ ~. - .~~ l_JL. ~ ~ ~ _.C-~ .~, ' ` -1 , fTl ~ b / Q'1 Estate of Frank E. Hollar, Jr. Summary of Account Period June 1, 2005 through May 31, 2008 PRINCIPAL Receipts Net Gain on Sales or Disposition Less Disbursements: Fees and Commissions Real Estate Capital Expenditures PAGES 3-7 $ 1,292,685.35 8-9 5,991,205.86 $ 7,283,891.21 10-11 326,323.19 11-14 377,848.60 (704,171.79) 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 Verification $ 6,579,719.42 1s-17 $ ~6,las,ooo.oo> 18 $ 391,719.42 19 20 74,044.61 21-22 (74,044.61) 0 23 391,719.42 -2- Estate of Frank E. Hollar, Jr. Receipts of Principal Period June 1, 2005 through May 31, 2008 Assets Listed in Inventory (Values as Per Previous Accounting) Common Stock 2000 Shares Kaphoe Development Corporation Note Receivable Kaphoe Development Corp. Note 12/25/1999 Real Estate .70 Acres Back of Thrush Farm Southampton Twp. Cumberland Co., PA Thrush Farm: 157 Acres along Route 11 Southampton Township, Cumberland Co., PA Lot 5, 15.948 Acres along Route 11 Southampton Township, Cumberland Co., PA Lot 7 and 8, 26.319 Acres along Route 11 Southampton Township, Cumberland Co., PA 67 Walnut Bottom Road (Mrs. Nye Residence) 5.05 Acres with residential building Shippensburg Twp., Cumberland Co., PA Lots 4-1, 4-2, and 4-Residue, 12.09 Acres Shippensburg Twp., Cumberland Co., PA Lot 1 Shippensburg Twp., Cumberland Co., PA Cash Estate Checking Account 43,030.00 160,633.62 2,224.98 160,279.63 77,084.14 64,211.53 93,197.50 55,733.95 55,584.62 247,186.64 959,166.61 -3- Estate of Frank E. Hollar, Jr. Receipts of Principal Period June 1, 2005 through May 31, 2008 PERIOD ADJUSTMENTS/CAPITALIZATION TO INVENTORY Adiustments to Kavhoe Development Stock 02/28/06 S-Corporation Distribution to Estate (20,000.00) 12/31/06 Adjustment to Carrying value to agree to Corporation tax return (24,329.86) (44,329.86) Real Estate -Capital Expenditures which simultaneously increase carrying value and decrease principal cash 06/16/05 AH&T Staking Road 2,833.34 09/23/05 Barry L. Negley Real Estate Taxes 2,492.72 09/23/05 Barry L. Negley Real Estate Taxes 3,197.78 09/23/05 Barry L. Negley Real Estate Taxes 5,196.39 09/23/05 Bany L. Negley Real Estate Taxes 1,901.45 09/23/05 Vivian Coy Real Estate Taxes 2,145.18 09/23/05 Vivian Coy Real Estate Taxes 3,590.84 09/23/05 Vivian Coy Real Estate Taxes 3,693.99 09/23/05 Vivian Coy Real Estate Taxes 1,968.74 09/23/05 Vivian Coy Real Estate Taxes 5,418.35 09/23/05 Vivian Coy Real Estate Taxes 259.82 09/26/05 Dennis E. Black, Engr Topography 800.00 09/26/05 Vivian Coy Real Estate Taxes 110.58 -4- Estate of Frank E. Hollar, Jr. Receipts of Principal Period June 1, 2005 through May 31, 2008 09/26/05 Vivian Coy Real Estate Taxes 40.18 09/29/05 Carl E. Bert & Assoc. Plot Plans 25.50 09/29/05 Carl E. Bert & Assoc. Plot Plans 8.50 10/24/05 Dennis E. Black, Engr Engineering fee 1,192.00 11/15/OS Dennis E. Black, Engr Subdivision and sewer 415.68 12/17/05 Dennis E. Black, Engr Subdivision and sewer 2,748.16 01/12/06 Cumberland Cty. Planning Comm. Fees 160.00 01/12/06 Southampton Twp Ownership Certificate 105.00 02/04/06 Dennis E. Black, Engr Subdivision and sewer 1,365.78 03/02/06 Dennis E. Black, Engr Subdivision and sewer 5,361.65 03/14/06 W. Mickey Nye Copy of plans 32.00 03/02/06 Dennis E. Black, Engr Engineering 2,466.80 04/12/06 Dennis E. Black, Engr Engineering 955.40 04/18/06 Vivian Coy Real Estate Taxes 1,238.00 04/18/06 Vivian Coy Real Estate Taxes 468.98 05/06/06 Dennis E. Black, Engr Engineering 4,809.33 05/16/06 Southampton Twp Eng & Legal Review 105.00 05/25/06 Cumberland Cty. Recorder of Deeds Hogan Shrine Sub-division 18.00 06/23/06 Dennis E. Black, Engr Subdivision and sewer 816.50 -5- Estate of Frank E. Hollar, Jr. Receipts of Principal Period June 1, 2005 through May 31, 2008 07/06/06 Cumberland Cty. Recorder of Deeds Subdivision - Wellmon 10.00 07/10/06 Dennis E. Black, Engr Subdivision and sewer 111.60 07/18/06 Orrstown Bank Bonding -Progress Blvd 3,488.35 08/03/06 Refund Received Bonding -Progress Blvd (1,420.00) 07/24/06 Orrstown Bank Escrow, street & sewer 270,494.00 07/25/06 Cumberland Cty. Recorder of Deeds Fees 67.50 08/14/06 Grove Millrt Engineering Traffic impact study 2,100.00 08/18/06 Dennis E. Black, Engr Survey fee 38.75 08/29/06 Dennis E. Black, Engr Engineering 77.50 09/06/06 Vivian Coy Real Estate Taxes 5,811.09 09/06/06 Vivian Coy Real Estate Taxes 63.64 09/07/06 Grove Millrt Engineering Traffic impact study 250.00 11/13/06 Grove Millrt Engineering Traffic impact study 4,150.00 11/13/06 Southampton Twp Review plans 322.50 11/24/06 Snokes Excavating Progress Blvd. 3 956.92 12/12/06 Snokes Excavating Progress Blvd. 9 661.96 12/12/06 Grove Millrt Engineering Traffic impact study 7,000.00 12/12/06 Shippensburg Twp. Review plans 138.00 01/19/07 Snokes Excavating Progress Blvd. 980.00 -6- Estate of Frank E. Hollar, Jr. Receipts of Principal Period June 1, 2005 through May 31, 2008 04/09/07 Vivian Coy Real Estate Taxes 04/09/07 Vivian Coy Real Estate Taxes 08/20/07 Vivian Coy Real Estate Taxes 08/20/07 Vivian Coy Real Estate Taxes 04/19/08 Vivian Coy Real Estate Taxes 04/19/08 Vivian Coy Real Estate Taxes 904.93 1,202.06 5,975.11 4,498.20 1,155.20 869.65 377,848.60 Above amounts capitalized to the following parcels as follows: .70 Acres Back of Thrush Farm Southampton Township, Cumberland Co., PA 276.97 Lot 5, 15.948 Acres along Route 11 Southampton Township, Cumberland Co., PA Lot 7 and 8, 26.319 Acres along Route 11 Southampton Township, Cumberland Co., PA Lots 4-1, 4-2, and 4-Residue, 12.09 Acres Shippensburg Twp., Cumberland Co., PA Lot 1 Shippensburg Twp., Cumberland Co., PA TOTAL PRINCIPAL RECEIPTS 23,802.72 136,495.85 208,539.08 8,733.98 377,848.60 $ 1,292,685.35 -7- Estate of Frank E. Hollar, Jr. Principal Gains or Losses on Sales or Other Dispositions Period June 1, 2005 through May 31, 2008 GAIN LOSS NOTE RECEIVABLE 02/28/06 Kaphoe Development Corp. Note Receivable Net Proceeds, principal balance repaid 160,633.62 Acquisition value (includes previously accrued interest receivable) 160,633.62 $ - COMMON STOCK 11/01/07 Kaphoe Development Corporation Net Proceeds 2,750.00 Basis at date of liquidating distribution 2,906.00 (156.00) REAL ESTATE 10/13/05 Sale of Lot 7 to Dwight and Joarme Martin Net Proceeds 470,517.10 Acquisition value 61,286.67 409,230.43 11/04/05 Sale of Lots to Tod and Lisa Shedlosky (Land beside K-Mart) Net Proceeds 896,041.30 Less: Deposit received fiscal year ended May 31, 2005 (95,000.00) Acquisition value 20,383.02 780,658.28 01/06/06 Sale to Trust Investment Group, LLC ('T'hrush Farm plus 0.7 Acres) Net proceeds 2,969,758.72 Less: Deposit received fiscal year ended May 31, 2005 (10,000.00) Acquisition value 178,825.37 2,790,933.35 03/17/06 Sale of Lot 1 to Hogan Shrine Group, LLC Net proceeds 709,845.49 Acquisition value 36,964.48 672,881.01 -8- Estate of Frank E. Hollar, Jr. Principal Gains or Losses on Sales or Other Dispositions Period June 1, 2005 through May 31, 2008 GAIN 04/07/06 Sale to Dwight and Joanne Martin (Lots 2 and 3) Net proceeds 917 658.04 Acquisition value 17,589.31 900,068.73 08/21/06 Sale to Baxter Wellmon (5 acres of Lot 4-1 and 4-2) Net proceeds 446 299.08 Acquisition value 198,492.88 247,806.20 08/23/06 Sale to Wadel Masons Lot 8 Net proceeds 290 247.13 Acquisition value 124,646.77 165,600.36 05/09/08 Sale ofRight-of--Way at 67 Walnut Bottom Road to PennDOT Net proceeds 23 270.00 Acquisition value 0.00 23,270.00 05/09/08 Sale of Unrecorded Land on Walnut Bottom Road to PennDOT (Triangle beside University Lodge) Net proceeds 913.50 Acquisition value 0.00 913.50 TOTALS NET GAIN TRANSFERRED TO SUMMARY LOSS $ 5,991,36].86 $(156.00) $ 5,991,205.86 -9- Estate of Frank E. Hollar, Jr. Disbursements of Principal Period June 1, 2005 through May 31, 2008 FEES AND COMMISSIONS 08/31/05 Beard Miller Co. LLP: Acctg. Svc. 4,700.00 09/01 /OS W. Mickey Nye: executor fee 2,376.00 09/01/05 Frank C. Nye: executor fee 1,512.00 09/01/05 J. Harold Kaufman: executor fee 1,512.00 10/17/05 W. Mickey Nye: executor fee 11,000.00 10/17/05 Frank C. Nye: executor fee 7,000.00 10/17/05 J. Harold Kaufrnan: executor fee 7,000.00 11/07/05 W. Mickey Nye: executor fee 17,600.00 11/07/05 Frank C. Nye: executor fee 11,200.00 11/07/05 J. Hazold Kaufman: executor fee 11,200.00 11/23/05 Shelbaker & Brenneman Attorney 835.67 12/23/05 Charles Shields Attorney 11,068.20 12/05/05 Register of Wills -Filling Fees 130.00 01/10/06 Frank C. Nye: executor fee 38,500.00 01/10/06 W. Mickey Nye: executor fee 60,500.00 01/10/06 J. Harold Kaufman: Executor Fee 38,500.00 01/25/06 Shelbaker & Brenneman Attorney 2,826.25 03/02/06 Shelbaker & Brenneman Attorney 2,826.25 03/08/06 W. Mickey Nye: executor fee 1,760.00 03/08/06 Frank C. Nye: executor fee 1,120.00 03/08/06 J. Harold Kaufman: executor fee 1,120.00 03/14/06 Chazles Shields Attorney 7,619.10 03/14/06 Shelbaker & Brenneman Attorney 665.00 03/20/06 W. Mickey Nye: executor fee 11,000.00 03/20/06 Frank C. Nye: executor fee 7,000.00 03/20/06 J. Harold Kauffman: executor fee 7,000.00 04/11/06 W. Mickey Nye: executor fee 18,700.00 04/11/06 Frank C. Nye: executor fee 11,900.00 04/11/06 J. Harold Kaufrnan: executor fee 11,900.00 08/24/06 Frank C. Nye: executor fee 8,400.00 08/24/06 J. Harold Kaufman: executor fee 8,400.00 08/24/06 W. Mickey Nye:executorfee 13,200.00 09/06/06 Charles Shields Attorney 5,416.25 -10- Estate of Frank E. Holiar, Jr. Disbursements of Principal Period June 1, 2005 through May 31, 2008 FEES AND COMMISSIONS (continued) 09/06/06 Shelbaker & Brenneman Attorney 4,373.00 09/13/06 Beard Miller Co. LLP: Acctg. Svc. 5,775.00 10/23/06 Charles Shields Attomey 3,984.90 03/23/07 Orrstown Bank, fee 13.60 09/28/07 Beard Miller Co. LLP: Acctg. Svc. 5,100.00 01/29/08 Orrstown Bank, fee, release of bond 110.00 03/26/08 Orrstown Bank, fee, bond Shippensburg Twp. 1,291.00 04/25/08 Orrstown Bank, fee, bond Southampton Twp. 198.00 Less: Amount of above fees allocable to income (40,009.03) 326,323.19 REAL ESTATE Capital Expenditures which simultaneously increase carrying value and decrease principal cash 06/16/05 AH&T Staking Road 2 833.34 09/23/05 Barry L. Negley Real Estate Taxes 2,492.72 09/23/05 Barry L. Negley Real Estate Taxes 3,197.78 09/23/05 Barry L. Negley Real Estate Taxes 5,196.39 09/23/05 Barry L. Negley Real Estate Taxes 1,901.45 09/23/05 Vivian Coy Real Estate Taxes 2,145.18 09/23/05 Vivian Coy Real Estate Taxes 3,590.84 09/23/05 Vivian Coy Real Estate Taxes 3,693.99 09/23/05 Vivian Coy Real Estate Taxes 1,968.74 09/23/05 Vivian Coy Real Estate Taxes 5,418.35 09/23/05 Vivian Coy Real Estate Taxes 259.82 -11- Estate of Frank E. Hollar, Jr. Disbursements of Principal Period June 1, 2005 through May 31, 2008 REAL ESTATE Capital Expenditures which simultaneously increase carrying value and decrease principal cash 09/26/05 Dennis E. Black, Engr Topography 800.00 09/26/05 Vivian Coy Real Estate Taxes 110.58 09/26/05 Vivian Coy Real Estate Taxes 40.18 09/29/05 Carl E. Bert & Assoc. Plot Plans 25.50 09/29/05 Carl E. Bert & Assoc. Plot Plans 8.50 10/24/05 Dennis E. Black, Engr Engineering fee 1,192.00 11/15/OS Dennis E. Black, Engr Subdivision and sewer 415.68 12/17/05 Dennis E. Black, Engr Subdivision and sewer 2,748.16 01/12/06 Cumberland Cty. Planning Commission Fees 160.00 01/12/06 Southampton Twp Ownership Certificate 105.00 02/04/06 Dennis E. Black, Engr Subdivision and sewer 1,365.78 03/02/06 Dennis E. Black, Engr Subdivision and sewer 5,361.65 03/14/06 W. Mickey Nye Copy of plans 32.00 03/02/06 Dennis E. Black, Engr Engineering 2 466.80 04/12/06 Dennis E. Black, Engr Engineering 955.40 04/18/06 Vivian Coy Real Estate Taxes 1,238.00 -12- Estate of Frank E. Hollar, Jr. Disbursements of Principal Period June 1, 2005 through May 31, 2008 REAL ESTATE Capital Expenditures which simultaneously increase carrying value and decrease principal cash 04/18/06 Vivian Coy Real Estate Taxes 468.98 05/06/06 Dennis E. Black, Engr Engineering 4,809.33 05/16/06 Southampton Twp Eng & Legal Review 105.00 05/25/06 Cumberland County Recorder of Deeds Hogan Shrine Sub-division 18.00 06/23/06 Dennis E. Black, Engr Subdivision and sewer 816.50 07/06/06 Cumberland County Recorder of Deeds Subdivision - Wellmon 10.00 07/10/06 Dennis E. Black, Engr Subdivision and sewer 111.60 07/18/06 Orrstown Bank Bonding - Progress Blvd 3,488.35 08/03/06 Refund Received Bonding -Progress Blvd (1,420.00) 07/24/06 Orrstown Bank Escrow, street & sewer 270,494.00 07/25/06 Cumberland County Recorder of Deeds Fees 67.50 08/14/06 Grove Millrt Engineering Traffic impact study 2,100.00 08/18/06 Dennis E. Black, Engr Survey fee 38.75 08/29/06 Dennis E. Black, Engr Engineering 77.50 09/06/06 Vivian Coy Real Estate Taxes 5,811.09 09/06/06 Vivian Coy Real Estate Taxes 63.64 -13- Estate of Frank E. Hollar, Jr. Disbursements of Principal Period June 1, 2005 through May 31, 2008 REAL ESTATE Capital Expenditures which simultaneously increase carr in y g value and decrease principal cash 09/07/06 Grove Millrt Engineering Traffic impact study 250.00 11/13/06 Grove Millrt Engineering Traffic impact study 4,150.00 11/13/06 Southampton Twp Review plans 322.50 11/24/06 Snokes Excavating Progress Blvd. 3,956.92 12/12/06 Snokes Excavating Progress Blvd. 9,661.96 12/12/06 Grove Millrt Engineering Traffic impact study 7,000.00 12/12/06 Shippensburg Twp. Review plans 138.00 01/19/07 Snokes Excavating Progress Blvd. 980.00 04/09/07 Vivian Coy Real Estate Taxes 904.93 04/09/07 Vivian Coy Real Estate Taxes 1,202.06 08/20/07 Vivian Coy Rea] Estate Taxes 5,975.11 08/20/07 Vivian Coy Real Estate Taxes 4,498.20 04/19/08 Vivian Coy Real Estate Taxes 1,155.20 04/19/08 Vivian Coy Real Estate Taxes 869.65 377,848.60 TOTAL DISBURSEMENTS OF PRINCIPAL $ 704,171.79 -14- Estate of Frank E. Hollar, Jr. Distributions of Principal to Beneficiaries Period June 1, 2005 through May 31 , 2008 Charles Richazd Nve, Jr. 09/01/05 Cash distribution $ 10,800.00 10/17/05 Cash distribution 50,000.00 11/07/05 Cash distribution 80,000.00 01/10/06 Cash distribution 275,000.00 03/08/06 Cash distribution 8,000.00 03/20/06 Cash distribution 50,000.00 04/11/06 Cash distribution 85,000.00 08/24/06 Cash distribution 60,000.00 618,800.00 Christy A. Hoover 09/01/05 Cash distribution 10,800.00 10/17/05 Cash distribution 50,000.00 11/07/05 Cash distribution 80,000.00 01/10/06 Cash distribution 275,000.00 03/08/06 Cash distribution 8,000.00 03/20/06 Cash distribution 50,000.00 04/1 I/06 Cash distribution 85,000.00 08/24/06 Cash distribution 60,000.00 618,800.00 Frank C. N ve 09/01/05 Cash distribution 10,800.00 10/]7/05 Cash distribution 50,000.00 11/07/05 Cash distribution 80,000.00 01/10/06 Cash distribution 275,000.00 03/08/06 Cash distribution 8,000.00 03/20/06 Cash distribution 50,000.00 04/11/06 Cash distribution 85,000.00 08/24/06 Cash distribution 60,000.00 618,800.00 Timothy M . N~ 09/01/05 Cash distribution 10,800.00 10/17/05 Cash distribution 50,000.00 11/07/05 Cash distribution 80,000.00 01/10/06 Cash distribution 275,000.00 03/08/06 Cash distribution 8,000.00 03/20/06 Cash distribution 50,000.00 04/11/06 Cash distribution 85,000.00 08/24/06 Cash distribution 60,000.00 618,800.00 -15- Estate of Frank E. Hollar, Jr. Distributions of Principal to Beneficiaries Period June 1, 2005 through May 31 , 2008 Christopher A. N~ 09/01/05 Cash distribution 10,800.00 10/17/05 Cash distribution 50,000.00 11/07/05 Cash distribution 80,000.00 01/10/06 Cash distribution 275,000.00 03/08/06 Cash distribution 8,000.00 03/20/06 Cash distribution 50,000.00 04/l 1/06 Cash distribution 85,000.00 08/24/06 Cash distribution 60,000.00 618,800.00 Timothy E. Nve 09/01/05 Cash distribution 10,800.00 10/17/05 Cash distribution 50,000.00 11/07/05 Cash distribution 80,000.00 01/10/06 Cash distribution 275,000.00 03/08/06 Cash distribution 8,000.00 03/20/06 Cash distribution 50,000.00 04/11/06 Cash distribution 85,000.00 08/24/06 Cash distribution 60,000.00 618,800.00 Cathy Jo Heise 09/01/05 Cash distribution 10,800.00 10/17/05 Cash distribution 50,000.00 11/07/05 Cash distribution 80,000.00 01/10/06 Cash distribution 275,000.00 03/08/06 Cash distribution 8,000.00 03/20/06 Cash distribution 50,000.00 04/11/06 Cash distribution 85,000.00 08/24/06 Cash distribution 60,000.00 618,800.00 -16- Estate of Frank E. Hollar, Jr. Distributions of Principal to Beneficiaries Period June 1, 2005 through May 31, 2008 W. Micke~ 09/01 /OS 10/17/05 11 /07/05 01/10/06 03/08/06 03/20/06 04/11/06 08/24/06 ~ Nve Cash distribution Cash distribution Cash distribution Cash distribution Cash distribution Cash distribution Cash distribution Cash distribution 10,800.00 50,000.00 80,000.00 275,000.00 8,000.00 50,000.00 85,000.00 60,000.00 618,800.00 Harriet Sue Scharfenbere 09/01/05 Cash distribution 10,800.00 10/17/05 Cash distribution 50,000.00 11/07/05 Cash distribution 80,000.00 01/10/06 Cash distribution 275,000.00 03/08/06 Cash distribution 8,000.00 03/20/06 Cash distribution 50,000.00 04/11/06 Cash distribution 85,000.00 08/24/06 Cash distribution 60,000.00 618,800.00 Peter T. Nve 09/01/05 Cash distribution 10,800.00 10/17/05 Cash distribution 50,000.00 11/07/05 Cash distribution 80,000.00 01/10/06 Cash distribution 275,000.00 03/08/06 Cash distribution 8,000.00 03/20/06 Cash distribution 50,000.00 04/11/06 Cash distribution 85,000.00 08/24/06 Cash distribution 60,000.00 618,800.00 TOTAL DISTRIBUTIONS TO BENEFICIARIES $ 6,188,000.00 -17- Estate of Frank E. Hollar, Jr. Principal Balance on Hand Period June 1, 2005 through May 31, 2008 FIDUCIARY VALUE AT ACQUISITION May 31, 2008 VALUE Real Estate Lot 4-Residue, 12.09 Acres Shippensburg Twp., Cumberland Co., PA 360,000.00 43,718.23 Lot 5, 15.948 Acres along Route 11 Southampton Township, Cumberland Co., PA 478,200.00 100,886.86 67 Walnut Bottom Road (Mrs. Nye Residence) Shippensburg Twp., 5.05 Acres with residential building 194,340.00 93,197.50 Shippensburg Twp., Cumberland Co., PA 1,032,540.00 237,802.59 Cash 153,916.83 153,916.83 1,186,456.83 391,719.42 -18- Estate of Frank E. Hollar, Jr. Changes in Principal Holdings Period June 1, 2005 through May 31, 2008 Common Stock 2000 Shares Kaphoe Development Comoration (a Sub Chanter S Co ACCOUNT VALUE roorationl Inventoried at 43,030.00 12/31/05 Pass thnx income (loss) reported for period from 2005 Form K-1 (8,472.00) 12/31/06 Pass thrn income (loss) reported for period from 2006 Form K-1 23,110.00 12/31/06 S-Corporation distribution reported on 2006 Form K-1 (20,000.00) 12/31/06 Adjustment to Carrying value to agree to Corporation tax return (24,155.00) 11/01/07 Pass thru income (loss) reported for period from Final Form K-1 (10,606.00) Stock basis at date of liquidating distribution (2,907.00) Real Estate Lots 4-1, 4-2, and 4-Residue, 12.09 Acres Shippensburg Twp., Cumberland Co., PA Inventoried at 55,733.95 Additions to carrying value for capitalized principal disbursements 208,539.08 Less: Reduction in carrying value for sales during period (220,554.80) 43,718.23 Lot 5, 15.948 Acres along Route 11 Southampton Township, Cumberland Co., PA Inventoried at 77,084.14 Additions to carrying value for capitalized principal disbursements 23,802.72 100,886.86 -19- Estate of Frank E. Hollar, Jr. Receipts of Income Period June 1, 2005 through May 31, 2008 INTEREST INCOME Orrstown Bank: Various dates Other Interest Income Various dates Tod Shedlosky Extension Interest 09/01/05 Snelbaker & Brenneman 02/28/06 Kaphoe Development loan interest (net of previously accrued interest included in principal) 12/31/05 Kaphoe Development K-1 interest per 2005 Form K-1 12/31/06 Kaphoe Development K-1 interest per 2006 Form K-1 11/01/07 Kaphoe Development K-1 interest per 2007 Final Form K-1 TOTAL INTEREST INCOME RENTAL INCOME Dorothy Nye -Rent Payment Various dates Robert E. Keefer: Farm Rent I 1 /23/05 01/06/07 Ol /04/08 Ray Thrush: Farm Rent 11/22/05 TOTAL RENTAL INCOME S-CORPORATION INCOME 12/31/2005 Income (loss) from Kaphoe Development 2005 Form K-1 12/31/2006 Income (loss) from Kaphoe Development 2006 Form K-1 11/1/2007 Income (loss) from Kaphoe Development 2007 Final Form K-1 TOTAL RECEIPTS OF INCOME 9,462.06 9,462.06 18,500.00 1,149.37 16,741.18 1,044.00 503.00 75.00 38,012.55 47,474.61 12,600.00 12,600.00 7,290.00 1,770.00 1,470.00 10,530.00 1,030.00 1,030.00 24,160.00 (9,516.00) 22,607.00 -20- (10,681.00) 2,410.00 74,044.61 Estate of Frank E. Hollar, Jr. Disbursements of Income Period June 1, 2005 through May 31, 2008 RENTAL EXPENSES Insurance 03/08/06 Everett Cash Mutual 205.00 03/17/06 Everett Cash Mutual 477.00 05/11/06 Everett Cash Mutual (refund received) (224.00) 08/14/06 Everett Cash Mutual 205.00 02/26/07 Everett Cash Mutual 386.00 02/28/07 Everett Cash Mutual 400.00 05/31/07 Everett Cash Mutual (refund received) (23.00) 02/15/08 Everett Cash Mutual 755.00 Real Estate Taxes 09/13/05 Barry Negley: Real Estate Taxes 2,157.83 09/13/05 Barry Negley: Real Estate Taxes 2,326.72 09/13/05 Vivian Coy: Real Estate Taxes 647.55 09/23/05 Vivian Coy: Real Estate Taxes 4,662.10 09/26/05 Vivian Coy: Real Estate Taxes 5.30 11/22/05 Shippensburg School District (tax refund received) (56.08) 04/18/06 Vivian Coy -Real Estate Taxes 1,160.82 04/18/06 Barry Negley: Real Estate Taxes 617.16 09/06/06 Barry Negley: Real Estate Taxes 2,300.26 04/09/07 Barry Negley: Real Estate Taxes 633.49 08/20/07 Barry Negley: Real Estate Taxes 2,365.18 04/19/08 Barry Negley: Real Estate Taxes 633.49 Utilities 07/06/05 Penelec: Electricity 1041 Ritner Hwy 17,78 07/28/05 Penelec: Electricity 1041 Ritner Hwy 17.78 08/25/05 Penelec: Electricity 1041 Ritner Hwy 17.78 09/26/05 Penelec: Electricity 1041 Ritner Hwy 17,78 11/23/05 Penelec: Electricity 1041 Ritner Hwy 35.83 12/26/05 Penelec: Electricity 1041 Ritner Hwy 17.78 01/18/06 Penelec: Electricity 1041 Ritner Hwy 13.03 2,181.00 17,453.82 137.76 -21- Estate of Frank E. Hollar, Jr. Disbursements of Income Period June 1, 2005 through May 31, 2008 FEDERAL, STATE & LOCAL TAXES 08/01/05 US Treasury, fiscal year May 31, 2005 balance due 1,010.00 08/01/05 PA Dept of Revenue, fiscal year May 31, 2005 balance due 1,324.00 02/06/06 PA Dept of Revenue, fiscal yeaz May 31, 2006 estimate 700.00 02/06/06 US Treasury, fiscal yeaz May 31, 2006 estimate 550.00 05/06/06 US Treasury, fiscal year May 31, 2006 estimate 550.00 05/06/06 PA Dept of Revenue, fiscal year May 31, 2006 estimate 700.00 09/13/06 PA Dept of Revenue, fiscal year May 31, 2006 balance due 4,649.00 09/13/06 PA Dept of Revenue, fiscal year May 31, 2007 estimate 1,470.00 10/15/06 US Treasury, fiscal year May 31, 2006 overpayment refund (1,100.00) 11/06/07 PA Dept of Revenue, fiscal year May 31, 2007 estimate ],470.00 02/08/07 PA Dept of Revenue, fiscal year May 31, 2007 estimate 1,470.00 06/05/07 PA Dept of Revenue, fiscal year May 31, 2007 estimate 1,470.00 14,263.00 FEES AND COMMISSIONS (See Disbursements of Principal for detailed Listing) Amount allocable to Income TOTAL DISBURSEMENTS OF INCOME 40,009.03 74,044.61 -22 Estate of Frank E. Hollar, Jr. Verification Period June 1, 2005 through May 31, 2008 W. Mickey Nye, Frank C. Nye and J. Harold Kauffman, Co-Executors of the Estate of Frank E. Hollar, Jr., herby declare under oath the we have fully and faithfully discharged the duties of this office; that the foregoing Seventh and Partial Account is true and correct and fully discloses all significant transactions occuring during the accounting period; that all known claims against the Estate have been paid in full; that, to our 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 occurred more than four months before the filing of the Foregoing Seventh and Partial Account. Phis statement is made subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. ~~--.G~~ mil, ,, W.Mickey Nye ~ ' / Frank C. Nye ]d Kauffman /` Dated: ~~~ ° 2 ~~g -23-