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HomeMy WebLinkAbout04-0113 PETITION FOR PROBATE and GRANT OF LETTERS Estate of' E ~ I 't. Xt ~uz '~,~ ~ ~,.x/ No. also known as E~l~-q~dtvt ~,.~r~n~.~gt / · Deceased. Social Security No. ~.~ - ,~ ~ ~l~t~' To: Register of Wills for the County of Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older an the execut in the last will of the above decedent, dated ~A 0 ¢. t~o ~o and codicil(s) dated in the named (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decendent was domiciled at death in (~,~ v ~x~ County, Pennsylvania, with h ~ ( last family or principal residence at .'5;t ~. ~t~ ,'~x~t ~ rt4a ~ hc,~, ¢ ~.~ (list street, number and muncipality) Decendent, then q~ y. earsofage, died ~0~X~6¥~{ {~ ~ ~C)O~, at. 1-~,/ -'~ht~ ,4~ t4oxo~.~k Except' ~s follows,~decedent did no~ marry, was not divorced and did not have a child born or adopte(~ after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: Decendent 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: ~?~._ WHEREFORE, petitioner(s) respectfully request(s) the p. robate of the last will and codicil(s) presented herewith and the grant of letters -4-¢~-~ ~,e~4-~,)/ theron. (testamentary; administration c.t.a.; administration d.b.n.c.t.a.) OATH OF' PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA ~ COUNTY OF ~&~-~c.~ :ss The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are true and correct to the best of the knowledge and belief of petitioner(s) and that as personal represen- tative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law. Sworn to or affirn~ed ~tnd subscribed befg~'e me this . '_~.~v~.~ dav of Estate Of ELIZABETH J SANKEY A/K/A ELIZABETH .~ANKFY , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW FEBRUARY 6, 2004 the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated 1 1-6-?0f)~ described therein be admitted to probate and filed of record as the last will of ELIZABETH J SANKEY A/K/A ELIZABETH SANKEY and Letters TESTAMENTARY are hereby granted to WILLIAM A SANKEY , in consideration of the petition on FEES Probate, Letters, Etc .......... $ Short Certificates( ) .......... $ ~ s~o .oo TOT~ ~ S'~ ~ m~ Filed . ~Z .~ .2 .~~: .............. ATTORNEY (Sup. Ct. I.D. No.) ....3 ~od,(~o~.. '~t~ss PHONE REGISTER OF WILLS OF Curler:and COUNTY OATH O,F SUBSCRIBING WITNESS Anne C. Partridge and Dorothy C. Loy (each) a subscribing wimps to the will presented herewith, (each) being duly qualified according to law, depose{s) and .~ayfs) that they w_e. re present and saw Elizabeth J, Sankey thc testat r q -. , sign thc same and that They signed as a witness at the request of testa~ in b er_. presence and (in the presence of each other) (in the presence of thc other subscribing witness(es)). Sworn to Or affirmed and subscribed before me this ,~7 ~ day of / - _ /R~g~ster REGISTI~ OF WILLS ~ ~,COUNTY --OAR0 N I~ Ill that....... I , ll i}7 l k~I ~~~tlyfg~b* ~ the si~ature.... on the., ~ ,b,~ on the w~w% X Nlc i~i~ the handwriting of to the best of ~ge and ~ Sworn to or affir~ and sub~ before Register (~re~) (Name) (Addresx) his is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $2.00 P 9813905 No. Local Registrar Date '05.; 43 F~ev Elizabeth Sanke' 92 : , COMMONWEALTH OF PENNSYLVANIA ,, DEPARTMENT OF HEALTH ,, VITAL RECORDS CERTIFICATE OF DEATH Cumberland 26 1911 E. Pennsboro Twp. ,. female '- 206 -- 28 -- 7805 Holy Spirit Hospital OEC~'S M~ A~ ~ ~. C~. ~. ~ C~l 522 W. Main Street Mechanicsburg, PA 17055 ,,,.s~... Pennsylvania Cumberland JOAIE O~ OE~TH ~M(w~. Day. Yeaq 4, January 11, 2004 Harry Howard Johnson Elizabeth S. Whitlock Married ,~.William A. Sankey ir~. c(wn~ 17&~i~ J'in ~ ~,~-~ Mechanicsburg I,,. Bridget McHale I~. 5008 Kylock Road~ Mechanicsburg~ PA 17055 ~'~Y'~) I~ --" ....... " I ' ~' '~ l.,.. FD 013 340 L rthemore FH & CS, Inc. t~,~, 70--0431 ~ ~0 {Off A.~ A CONSEQUENCE (Mo.~. Day. Ye~) ~ 10 {~q AS A CON~OI~ENCE OU~ TO ~:]R AS A CONS~OUE NCE C~ ~ll~e~ bi_~l. 0.1 e.xaminltJon Ind/M investigation, in my opinion, deltb~e.4Mrred It the I me, dale. and place and dui to the cause(i) and BE IT REMEMBERED, that I, ELIZABETH J. SANKEY, of Mechanicsburg, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this to be my last Will and Testament, hereby revoking and making void all former wills by me at any time made. FIRST: I order and direct that all my just debts and funeral expenses shall be paid as soon as conveniently may be after my decease. SECOND: I give, devise and bequeath all of my personal effects, including household furniture and furnishings, and any car I may own at the time of my decease, to my husband, WILLIAM A. SANKEY; and if deceased then to my daughter, ELIZABETH S. WHITLOCK. THIRD: If my husband, WILLIAM A. SANKEY, survives me, I direct that my Trustees, hereinafter named, hold, IN TRUST, an amount free of all taxes equal to the maximum marital deduction allowable to my estate for Federal estate tax purposes, reduced by an amount, if any, needed to increase my taxable estate to the largest amount that after allowing for the applicable credit amount and any other credits available to my estate, will result in no Federal estate tax, to keep it invested and to make distribution as follows: 1. To pay my husband, the net income thereon. 2. As much of the principal as my Trustees may from time to time think desirable for his welfare comfort or support shall be paid to him. 3. Upon the death of my husband any remaining principal and income accumulated thereon shall be paid to such one or more persons or organizations, including his estate, on such terms as he may appoint by his will specifically referring to this power of appointment. 4. In the event my husband does not exhaust his power of appointment under the preceding paragraph, on his death, then the balance of the unappointment principal and any income accumulated thereon shall be added to my residuary trust. FOURTH: All the rest, residue and remainder of my estate, real, personal and mixed, of whatsoever kind and wheresoever situate, I give, devise and bequeath to my Trustee, in Trust for my husband, WILLIAM A. SANKEY, to keep it invested and to distribute the net income therefrom and the principal itself as follows: 1. To pay my said husband the net income thereon. 2. To pay to or apply for the benefit of my said husband, as much of e the principal as medical, dental, invalidism. my trustee deems advisable for his health and hospital and nursing expenses and expenses of Upon the death of my said husband the Trust shall terminate and the principal and any income accumulated thereon shall be distributed as follows: A. I give and bequeath Be Ce De the sum of TWO HUNDRED TWENTY FIVE THOUSAND ($225,000.00) DOLLARS to my grandson, WILLIAM K. WHITLOCK, JR. I give and bequeath the sum of FIFTY THOUSAND ($50,000.00) DOLLARS to my grandson, ROBERT H. WHITLOCK. I give and bequeath the sum of FIFTY THOUSAND ($50,000.00) DOLLARS to my grandson, JOHN B. WHITLOCK. The balance of the principal to my trustees for my daughter, ELIZABETH S. WHITLOCK 1. To pay the net income to my said daughter. 2. The Trustee may apply the net income of the Trust established herein for the support of ELIZABETH S. WHITLOCK, should she, by reason of age, illness or any other cause, in the opinion of the Trustee, be incapable of disbursing said income. The Trustee is authorized, in its absolute discretion, to use principal for the health, maintenance and e 0 support of ELIZABETH S. WHITLOCK, provided, however, that in determining whether to use principal pursuant thereto, the Trustee shall consider the funds available to ELIZABETH S. WHITLOCK. Upon the death of my said daughter the trust shall terminate and the principal and any income accumulated thereon shall be distributed to my grandson, WILLIAM K. WHITLOCK, JR., my grandson, ROBERT H. WHITLOCK, and my grandson, JOHN B. WHITLOCK, equally, share and share alike, the issue of any who may be deceased to take the share his or her parent would have taken if living. To apply income of principal to which any beneficiary is entitled directly for his or her maintenance and support should they deem such beneficiary incapable of receiving the same by reason of age, illness or any infirmity or incapacity, or to pay the same to such person as they select to disburse it, whose receipt shall be a complete acquittance therefor, without the intervention of any guardian. FIFTH: No interest of any beneficiary under this Will or any codicil hereto shall be subject to anticipation or voluntary alienation, and the personal receipt of such beneficiary shall be the sufficient and only discharge of my Executor and Trustee unless otherwise provided herein. SIXTH: I authorize my Executrix and Trustee to retain and to invest in all forms of real and personal property, regardless of any limitations imposed by law on investments by executors or any principle of law concerning investment diversification. SEVENTH: All Federal Estate, State Inheritance Tax and other death taxes payable because of my death, with respect to the property forming my gross estate passing under this will, including any interest or penalty imposed in connection with such tax, shall be paid from my residuary estate, before its division into shares, in the same manner as an administrative expense. EIGHTH: I nominate, constitute and appoint my husband, WILLIAM A. SANKEY, Executor of, and my husband, WILLIAM A. SANKEY and MELLON BANK, N.A., of Mechanicsburg, Pennsylvania, as Trustees under this my Last Will and Testament. In the event my said husband cannot act or continue to act as Executor for any reason, I nominate and appoint MELLON BANK, N.A., Executor of this, my Last Will and Testament. In the event my husband cannot act or continue to act as Trustee for any reason, I nominate and appoint MELLON BANK, N.A., to serve as the sole Trustee. No fiduciary acting hereunder shall be required to post bond or enter security in any jurisdiction. IN WITNESS WHEREOF I have hereunto set my hand and seal this '~-~ day of [~/r~' ~.! ? ,~ : ,~ ~'~': C !-~ , A.D. 2001. ELIZ ,AJSETH J. SA ~pKFxY (SEAL) Signed, Sealed, Published and declared by the above named Testatrix as and for her last Will and Testament in the presence of us, who at her request, in her presence and in the presence of each other, have hereunto subscribed our names as witnesses. cd WILL -0F- ELIZABETH J. SANKEY RICHARD J. EMBERY Law OFfices EMBERY, OUTTER$ON & FUGES, P. C. A PROFESSIONAL CORPORATION 300 HUNTINGDON PIKE ROCKLEDGE, PENNSYLVANIA 19046-4445 (~15) 663-9005 CERTIFICATION OF NOTICE UNDER RULE 5.6 Name of Decedent: Elizabeth J. Sankey Date of Death: January 11, 2004 File Number: 21 04 113 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 Name Address William A. Sankey 325 Wesley Drive, Apt. 109, Mechanicsburg, PA 17055 William K. Whitlock, Jr. 1935 Sterretts Gap Ave., Carlisle, PA 17013 Robert H. Whitlock 5017 Wood Box Lane, Mechanicsburg, PA't7055 John B. Whitlock 409 S. Baltimore Ave., Mount Holly Springs, PA 17065 Elizabeth Whitlock 5008 Kylock Road, Mechanicsburg, PA 17055 Notice has now been given to all persons entitled thereto under Rule 5.6(a) except: Address 300 Huntingdon Pike. Rockledge, PA 19046 Telephone ! 215 I Capacity: X 663 9005 Personal Representative Counsel for Personal Representative COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE DEPT. 280601 HARRISBURG, PA 17128-0001 REV-1500 OFFICIAL USE ONLY INHERITANCE TAX RETURN RESIDENT DECEDENT DECEDENTS NAME (LAST, FIRST, AND MIDDLE INITIAL) ~- 'Sankey Elizabeth f'tLuZDATE OF DEATH (MM-DD*YEAR) DATE OF BIRTH (MM4~O-YEAR) o I 01/11/2004 12/26/1911 ILl I(IF APPLICABLE} SURVIVING SPOUSE'S NAME (LAST, FIRST, AND MIDDLE INITIAL) IWiiliam A. Sanke¥ FILE NUMBER 21 04 0113 COUNTY CODE YEAR NUMBER SOCIAL SECURITY NUMBER 206-28-7805 J THIS RETURN MUST BE FILED IN DUPLICATE '~flTH THE REGISTER OF WILLS SOCIAL SECURITY NUMBER 179-05-3451 ~ [~1. Original Return [~ 2. Supplemental Return [~ 3. Remainder Return {date of death prior to 12-13-8 ~ [~ 4. Limited Estate [~ 4a, Future Interest Compromise (date of death after 12-12-82) [~ 5, Federal Estate Tax Return Required ~:oo ~ [~ 9. LiSgation Proceeds Received E~ lO. Spou~al Poverty Credit Id.teofde.,h~..12-3,-a,..d,-,-,~l E~] 11.Etaction totaxunde, Sec. 9113(A)~t.c,s~ SF. N Richard J. Embery, Esq. Z FIRM NAME (If Applicable) Embery, Outterson & Fuges TELEPHONE NUMBER 215-663-9005 1. Real Estata ( Schedule A) (1) 2. Stccks and Bonds (Schedule B) (2) 3. Closely Held Corporation, Partnership or Sole-Proprietorship (3) 4. Mortgages & Notes ReceNable (Scheduta D) (4) COMPL~E MAILING ADDRESS 300 Huntingdon Pike Rockledge, PA 19046 0.00 317,617.75 0.00 0.00 145,061.56 0.00 10,612.14 21,471.86 0.00 Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been made (Schedule J) (8) 473,291.45 (11) 21,471.86 (12) 451,819.59 (13) 0. 00 14. Net Value Subject to Tax {Line 12 minus Line 13} (14) 451,819.59 SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax 451, 819.59 0 . 00 rate, or transfers under Sec. 911B {a)(1.2) x .O 0 . 00 (15) 1§. AmountofLine14taxableatlinealrata 0.00 x.O45 (16) 0.00 17. Amount of Line 14 taxable at sibling rate 0 . 00 x .12 (17) 0 . 00 18. Amount of Line 14 taxable at collateral rate 0 . 00 x .15 (18) 0 . 00 19. Tax Due (lB) 0 . 00 >> BE SURETO ANSWER ALL OU~T ONSON R~ERSE S OE AND RECHECK MATH < < D,~cedent's Complete Address: STREET ADORESS S_treet I Curaber land STATE J ZIP PA 17055- Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) 2. Credits/Payments A. Spousal Poverty Credit 0.00 B. Prior Payments 0.00 C. Discount 0.00 3. Interest/Penalty if applicable D. Interest 0.00 E. Penalty 0.00 Total Credits (A + B + C) (2) Total Interest/Penalty (D + E) (3) (1) o. aa 0.00 0.00 0.00 0.00 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Check box on Page 1 Une 20 to request a refund (4) 5. if Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) Enter the interest on the tax due. (5A) 0.0 0 B. Enter the total of Line 5 + SA. This is the BALANCE DUE. (SB) 0.00 Make Check Payable to: REGISTER OF WILLS, AGENT 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; ....................... [~ ~l b. retain the right to designate who shall use the properly transferred or its income; ......... r~ ~ c. retain a reversionary interest; or ................................ [~ ~l d. receive the promise for life of either payments, benefits or care? ................. I~ ~ 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? ............................ [] [] 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 properly which contains a beneficiary designation? ................................ [] [] iF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. SIGNATURE OF PERSON RESPONSIBLE FOR FILING RETURN · ~ · OATE ADDRESS 325 Wesley Drive, Apt.. 1.09,~Mechanicsburg PA 17055 3 H~fnti~ ge, PA 19046 ~ H~fnt'~3~n Pike, Rockl~d o~ a stepparent of the child is 0% [ 72 P,S. § 911 §(a)( 1.2)]. ' REV-~503~X + {1-97) COMMONWEAL'tH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE B STOCKS & BONDS ESTATE OF FILE NUMBER Elizabeth J. Sankey 21-04-0113 All property jointly-owned with right of survivorship must be disclosed on Schedule F. VALUE AT DATE iTEM NUMBER DESCRIPTION OF DEATH 1. 58,415.00 2 6 7 8 9 10 2,000 Shares Bellsouth Corp. 20,000 Par Carlynton PA S/D GO NR/AAA FSA REG 4.00% DUE 10/1/2007 25,000 Par Citigroup Inc. 5% due 3/6/2007 1,600 Shares Exxon Mobil Corp. 25,000 Par General Electric Cap Corp. due 2/15/2007 5% 500 Shares Green Mountain Power Corp. 1,000 Shares Progress Energy Inc. 1,000 Shares Teco Energy Inc. 1,000 Shares U S Steel Corp. 500 Shares Verizon Corp Backed TR Ctf 7.625% TOTAL (Also enter on line 2. Recapitulation) $ 317,617.75 HASPX.XNUMBER (If more space is needed, insert additional sheets of the same size) 21,075.00 26,692.50 64,808.00 26,742.25 11,452.50 44,832.50 14,765.00 35,020.00 13,815.00 · REV-1508 EX + (1-97) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY ESTATE OF FILE NUMBER Elizabeth J. Sankey 21-04-0113 ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1. 4 5 6 7 8 Citizens Bank Acct. ~6140721342 Interest accrued to 01/11/2004 Citizens Bank Acct. #6140698294 Interest accrued to 01/11/2004 Citizens Bank Acct.~ 6140709954 Interest accrued to 01/11/2004 Citizens Bank Acct. ~6140724945 Interest accrued to 01/11/2004 Citizens Bank Acct. #6140719461 Interest accrued to 01/11/2004 M&T Bank-Certificate ~31003914503238 Interest accrued to 01/11/2004 Oppenheimer Money Market Fund Wachovia Bank Cert. #247412051816925 Interest accrued to 01/11/2004 13,161.87 3.55 24,390.31 51.03 14,042.91 26.90 19,479.36 36.81 17,539.77 19.45 15,140.76 37.46 0.20 41,088.34 42.84 TOTAL(Also enter on line 5, Recapitulation) $ 145, 061 . 56 HASPXXNUMBER (If more space is needed, inselt additional sheets of the same size) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE G INTER-VIVOS TRANSFERS & MISC. NON-PROBATE PROPERTY ESTATE OF FILE NUMBER Elizabeth J. Sankey 21-04-0113 This ~heclule must becompletedandfilediftheanswertoanyofquestionslthro[ h4ontherever~ sideoftheREV-1500COVERSHEETJsyes. ~RI~ION OF PROPER~ % OF ITEM I~LU~ THE NAME OF THE T~NSFEREE. THEIR ~ON~IP TO DATE OF DEATH DECD'S EXCLUSION OECE~NT AND THE DATE OF T~NSFER~ ATTACH A COW OF THE TAXABLE VALUE NUMBE~ DEED FOR GAL ESTATE. VALUE OF ASSET INTEREST (~F APPt.~ABLE) 1. AIGD~nuity Insurance Company Contract ~FJ245767 10,612.14 100.000 0.00 10,612.14 Beneficiary - William A. Sankey, Husband TOTAL(Alsoenteronline7, Recapitu~ation) $ 10,612.14 (If more spaceis needed, insertadditlonalshee~ ofsame size.) HASPXXNUMSER COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS ESTATE OF Elizabeth J. Sankey FILE NUMBER 21-04-0113 Debts of a=---;-,~ must be reported on Schedule I. ITEM NUMBER 2 3 FUNERALEXPENSES: Old Village Restaurant Funeral luncheon Parthemore Funeral Home Servies Whitemarsh Memorial Park Funeral DESCRIPTION ADMINISTRATIVE COSTS: Personal Representative's Commissions Name of Personal Representative(s) Social Security Number(s) / EIN Number of Personal Representative(s) St~et Address City Sram __ Zip Yea~s) Commission Paid: Attorney Fees Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Street Address City State__ Zip RelationshipofClaimantto Decedent Probate Fees Accountant's Fees Tax Return Prepareds Fees Wachovia Bank Checkbook charge AMOUNT 158.56 7,919.72 3,419.00 8.00 TOTAL(Also enter on line 9, Recapitulation) $ 21,471 . 86 HASpXXNUMBER (If more space is needed, insert additional sheets of same size) 716.58 9,250.00 REV-1513 EX+ (9~0) COMMONWEALTH OF PEN NS'~fLVANIA INHERITANCE TAX RETURN SCHEDULE J BENEFICIARIES ESTATE OF FILE NUMBER Elizabeth J. Sankey 21 04 0113 RELATIONSHIP TO DECEDENT AMOUNT OR SHARE NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY Do Not Ust Trust®e(s) OF ESTATE I1. TAXABLE OI~RIBUTIONS [include outdght spou~l distributi~s, and tmn~em underS~.9116(a)(l~2)] Residual Trust U/W of Elizabeth J. Sankey rust ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18. AS APPROPRIAT! NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS $451,819.59 ON REV-1500 COVER SHEET TOTAL OF PART II - ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF R EV-1500 COVER SHEET $ HASPXXNUMBER (If more space is needed, insert additional sheets of the same size) BE IT REMEMBERED, that I, ELIZABETH J. SANKEY, of Mechanicsburg, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this to be my last Will and Testament, hereby revoking and making void all former wills by me at any time made. FIRST: I order and direct that all my just debts and funeral expenses shall be paid as soon as conveniently may be after my decease. SECOND: I give, devise and bequeath all of my personal effects, including household furniture and furnishings, and any car I may own at the time of my decease, to my husband, WILLIAM A. SANKEY; and if deceased then to my daughter, ELIZABETH S. WHITLOCK. THIRD: If my husband, WILLIAM A. SANKEY, survives me, I direct that my Trustees, hereinafter named, hold, IN TRUST, an amount free of all taxes equal to the maximum marital deduction allowable to my estate for Federal estate tax purposes, reduced by an amount, if any, needed to increase my taxable estate to the largest amount that after allowing for the applicable credit amount and any other credits available to my estate, will result in no Federal estate tax, to keep it invested and to make distribution as follows: 1. 2. To pay my husband, the net income thereon. As much of the principal as my Trustees may from time to time think desirable for his welfare comfort or support shall be paid to him. 3. Upon the death of my husband any remaining principal and income accumulated thereon shall be paid to such one or more persons or organizations, including his estate, on such terms as he may appoint by his will specifically referring to this power of appointment. 4. In the event my husband does not exhaust his power of appointment under the preceding paragraph, on his death, then the balance of the unappointment principal and any income accumulated thereon shall be added to my residuary trust. FOURTH: All the rest, residue and remainder of my estate, real, personal and mixed, of whatsoever kind and wheresoever situate, I give, devise and bequeath to my Trustee, in Trust for my husband, WILLIAM A. SANKEY, to keep it invested and to distribute the net income therefrom and the principal itself as follows: 1. To pay my said husband the net income thereon. 2. To pay to or apply for the benefit of my said husband, as much of the principal as my trustee deems advisable for his health and medical, dental, hospital and nursing expenses and expenses of invalidism. 3. Upon the death of my said husband the Trust shall terminate and the principal and any income accumulated thereon shall be distributed as follows: A. I give and bequeath De the sum of TWO HUNDRED TWENTY FIVE THOUSAND ($225,000.00) DOLLARS to my grandson, WILLIAM K. WHITLOCK, JR. I give and bequeath the sum of FIFTY THOUSAND ($50,000.00) DOLLARS to my grandson, ROBERT H. WHITLOCK. I give and bequeath the sum of FIFTY THOUSAND ($50,000.00) DOLLARS to my grandson, JOHN B. WHITLOCK. The balance of the principal to my trustees for my daughter, ELIZABETH S. WHITLOCK 1. To pay the net income to my said daughter. 2. The Trustee may apply the net income of the Trust established herein for the support of ELIZABETH S. WHITLOCK, should she, by reason of age, illness or any other cause, in the opinion of the Trustee, be incapable of disbursing said income. 3. The Trustee is authorized, in its absolute discretion, to use principal for the health, maintenance and support of ELIZABETH S. WHITLOCK, provided, however, that in determining whether to use principal pursuant thereto, the Trustee shall consider the funds available to ELIZABETH S. WHITLOCK. Upon the death of my said daughter the trust shall terminate and the principal and any income accumulated thereon shall be distributed to my grandson, WILLIAM K. WHITLOCK, JR., my grandson, ROBERT H. WI-IITLOCK, and my grandson,JOHN B. WHITLOCK, equally, share and share alike, the issue of any who may be deceased to take the share his or her parent would have taken if living. To apply income of principal to which any beneficiary is entitled directly for his or her maintenance and support should they deem such beneficiary incapable of receiving the same by reason of age, illness or any infirmity or incapacity, or to pay the same to such person as they select to disburse it, whose receipt shall be a complete acquittance therefor, without the intervention of any guardian. FIFTH: No interest of any beneficiary under this Will or any codicil hereto shall be subject to anticipation or voluntary alienation, and the personal receipt of such beneficiary shall be the sufficient and only discharge of my Executor and Trustee unless otherwise provided herein. SIXTH: I authorize my Executrix and Trustee to retain and to invest in all forms of real and personal property, regardless of any limitations imposed by law on investments by executors or any principle of law concerning investment diversification. SEVENTH: All Federal Estate, State Inheritance Tax and other death taxes payable because of my death, with respect to the property forming my gross estate passing under this will, including any interest or penalty imposed in connection with such tax, shall be paid from my residuary estate, before its division into shares, in the same manner as an administrative expense. EIGHTH: I nominate, constitute and appoint my husband, WILLIAM A. SANKEY, Executor of, and my husband, WILLIAM A. SANKEY and MELLON BANK, N.A., of Mechanicsburg, Pennsylvania, as Trustees under this my Last Will and Testament. In the event my said husband cannot act or continue to act as Executor for any reason, I nominate and appoint MELLON BANK, N.A., Executor of this, my Last Will and Testament. In the event my husband cannot act or continue to act as Trustee for any reason, I nominate and appoint MELLON BANK, N.A., to serve as the sole Trustee. No fiduciary acting hereunder shall be required to post bond or enter security in any jurisdiction. IN WITNESS WHEREOF I have hereunto set my hand and seal this .- ~ C r~ , A.D. 2001. day of ~' '''~'~ c~ ~ (SEAL) Signed, Sealed, Published and declared by the above named Testatrix as and for her last Will and Testament in the presence of us, who at her request, in her presence and in the presence of each other, have hereunto subscribed our names as witnesses. CITIZENS BANK Account Number 6140721342 Account Title ELIZABETH J SANKEY Date Opened 1/5/98 Account Type Time Deposits Principal Balance as of DOD $13161.87 Interest from Last Posting to DOD $3.55 Account Balance as of DOD $13165.42 YTD Interest to DOD $54.97 CITIZENS BANK Account Number 6140698294 Accotmt Title ELIZABETH J SANKEY Date Opened 5/9/95 Account Type Time Deposits Principal Balance as of DOD $24390.31 Interest from Last Posting to DOD $51.03 Account Balance as of DOD $24441.34 YTD Interest to DOD $51.02 CITIZENS BANK Account Number 6140709954 Account Title ELIZABETH J SANKEY Date Opened 1/21/97 Account Type Time Deposits Principal Balance as of DOD $14042.91 Interest from Last Posting to DOD $26.90 Account Balance as of DOD $14069.81 YTD Interest to DOD $43.79 CITIZENS BANK Account Number 6140724945 Account Title ELIZABETH J SANKEY Date Opened 3/12/98 Account Type Time Deposits Principal Balance as of DOD $19479.36 Interest from Last Posting to DOD $36.81 Account Balance as of DOD $19516.17 YTD Interest to DOD $40.74 CITIZENS BANK Account Number 6140719461 Account Title ELIZABETH J SANKEY Date Opened 10/29/97 Account Type Time Deposits Principal Balance as of DOD $17539.77 Interest from Last Posting to DOD $19.45 Account Balance as of DOD $17559.22 YTD Interest to DOD $54.66 499 Mitchell Road, Millsboro, DE 19966 Mail Code 501-120 Embery, Outterson & Fuges Attorneys At Law 300 Huntingdon Pike Rockledge, PA 19046-4445 Phone (302) 934-2909 F ax 002) 934-2955 March 10, 2004 Re: Estate of Elizabeth d Sankeg Social Security: 206-28-7805 Date of Death: danuar¥ i i,2004' Dear Sir or Madam: Per your inquiry dated February 19, 2004, please be advised that at the time of death, the above-named decedent had on deposit with this bank the following: 7)~pe of Account Account Number Ownership (Name~ o./) Opening Date Balance on Date of Death Accrued lnterest Total Certificate of Deposit 31003914503238 Elizabeth d Sankey 07/03/95 $15,140.76 $ 37.46 For further account information, closures and/or reimbursement of funds please call the Mechanicsburg Office at #717-255-2031. We were unable to locate any safe deposit box for the above-mentioned decedent. Records Management Wachovia Bank N.A. Balance Confirmation Services P O Box 40028 Roanoke, VA 24022-7313 Reference ID: 829527 February 19, 2004 EMBERY OUTTERSON & FUGES 300 HUNTINGDON PIKE ROCKLEDGE, PA 19046-4445 SUBJECT: Verification / Confirmation of Account and Balance Information provided for: Customer: ELIZABETH J SAINKEY (SSN# 206-28-7805) Date of Death: January 11, 2004 Type Number CERTIFICATE OF DEPOSIT 247412051816925 LEGAL TITLE: ELIZABETH J. SANKEY Deposit Account Information Date of Death Average Date Maturity Balance Balance* Opened Date $41,088,34 8/15/2002 8/15/2005 Interest Accrued YTD Date Rate Interest Interest Paid Closed $42.84 $0.00 Type Number ANNUITY WNFCAFJ245767 LEGAL TITLE: ELIZABETH J. SANKEY AMERICAN GENERAL - For information regarding annuities, please call 8004244990 * Due to system limitations, we can only provide a twelve month average balance on depository accounts. Other Account Information Date of Balance Date Date Opened Closed 8/15/2002 Ledger Collected 0000 000614 Register of Wills of Cumberland INVENTORY County, Pennsylvania Estateof Sankey Elizabeth J. No. also known as Date of Death , D~mi~bcurity No. 21-04-0113 01/11/2004 206-28-7805 William A. Sankey PersenalRepressota~s)oftheahove ~tate, deceasnd, ver~ythat~eiternspppeadnginthe ~lowinglnventory~cl~eellof the personal assets wherever situate and all of the real estate in the Commonwealth of Pennsylvania of said Dsoedent, that the valuation placed opposite each item of said Inventory repressots its fair value as of the date of the Decedeat's death, and that Dsoedent owned no real estate outside of the Cemmenwealth of Pennsylvania except that which appears in a memorandum at the end of this Inventory. I/~Ne verify that the statements made in this Inventory are tree and correct. INVe understand that false statements herein are mede subject to the penaitiea of 18 Pa. C.S. Section 4904 relating to unswem falsification to authorities. Name of Attorney: Personal Representative Richard J. Embery, Esq. Signature: I.D. No.: 56267 Talepheae: 300 Huntingdon Pike Rockled~e, PA 19046 (215) 663-9005 Signature: Address: Telephone: Dated: William A~ Sank~y' ~ 325 Wesley Drive, Apt. 109 Mechaniesbur~, PA 17055 (717) 697-2693 Description See attached sheets. (Attach additional sheets if necessary) Total: $462,679.31 NOTE: The Memorandum of real estate outside the Commonwealth of Pennsylvania may, at the alectiea of the personal representative, include the value of each item, but such figures should not be extended into the total of the Inventory. Estate of Elizabeth J. Sankey Estate InventOry Valued as of Date of Death Face Value No. of Shares 2,000 1,600 500 1,000 1,000 Cash & Cash Equivalents Citizens Bank Acct. ~6140721342 Interest at Date of Death Citizens Bank Acct. ~6140698294 Interest at Date of Death Citizens Bank Acct.# 6140709954 Interest at Date of Death Citizens Bank Acct. #6140724945 Interest at Date of Death Citizens Bank Acct. #6140719461 Interest at Date of Death M&T Bank-Certificate #31003914503238 Interest at Date of Death Oppenheimer Money Market Fund Wachovia Bank Cert. 0247412051816925 Interest at Date of Death Total Cash & Cash Equivalents Stocks Bellsouth Corp. Exxon Mobil Corp. Green Mountain Power Corp. Progress Energy Inc. Teco Energy Inc. $ 13,161.87 3.55 24,390.31 51.03 14,042.91 26.90 19,479.36 36.81 17,539.77 19.45 15,140.76 37.46 0.20 41,088.34 42.84 $ 58,415.00 64,808.00 11,452.50 44,832.50 14,765.00 145,061.56 Page 1 (1) Estate Inventory No. of Shares 1,000 50O Par Value 20,000 25,000 25,000 Stocks U S Steel Corp. Verizon Corp Backed TR Ctf 7.625% Total Stocks Bonds, Debentures & T-Bills Carlynton PA S/D GO NR/AAA FSA REG 4.00% DUE 10/1/2007 Citigroup Inc. 5% due 3/6/2007 General Electric Cap Corp. 5% due 2/15/2007 Total Bonds, Debentures & T-Bills Total Inventory $ 35,020.00 13,815.00 $ 243,108.00 $ 21,075.00 26,692.50 26,742.25 74,509.75 $ 462,679.31 Page 2 (2) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLANIA ORPHANS' COURT DIVISION No. ~ of 2004 Estate of ELIZABETH J. SANKEY, Deceased PETITION FOR THE REMOVAL OF A CO-TRUSTEE AND THE APPOINTMENT OF THE SOLE TRIJSTEE ~ To the Honorable, the Judges of said Court: The Petition of William A. Sankey, Executor of the Will of Eliz~eth J. ~ey, de~eased and Co-Trustee under the Will of Elizabeth J. Sankey, Deceased, respectfully states that: I. Elizabeth J. Sar[key died on January 11, 2004, a resident of Mechanicsburg Borough, Cumberland County, Pennsylvania, leaving a Will dated November 6, 2001, a true and correct copy of which is attached hereto as Exhibit "A'. 2. By Item FOURTH of her Will, Testatrix directed that her residuary estate be held in trust and that the income and as much principal as the Trustee deems advisable for his health and medical, dental, hospital and nursing expenses and expenses of invalidism be paid her husband, William A. Sankey, for his lifetime and upon his death she further directed the following: "Upon the death of my said husband the Trust shall terminate and the principal and any income accumulated thereon shall be distributed as follows: I give and bequeath the sum of TWO HUNDRED TWENTY- FIVE THOUSAND ($225,000.00) DOLLARS to my grandson, WILLIAM K. WHITLOCK, JR. (1) I give and bequeath the sum of FIFTY THOUSAND ($50,000.00) DOLLARS to my grandson, ROBERT H. WHITLOCK. I give and bequeath the sum of FIFTY THOUSAND ($50,000.00) DOLLARS to my grandson, JOHN B. WHITLOCK. The balance of the principal to my trustees for my daughter, ELIZABETH S. WHITLOCK 1. To pay the net income to my said daughter. The Trustee may apply the net income of the Trust established herein for the support of ELIZABETH S. WHITLOCK, should she, by reason of age, illness or any other cause, in the opinion of the Trustee, be incapable of disbursing said income. The Trustee is authorized, in its absolute discretion, to use principal for the health, maintenance and support of ELIZABETH S. WHITLOCK, provided, however, that in determining whether to use principal pursuant thereto, the Trustee shall consider the funds available to ELIZABETH S. WHITLOCK. Upon the death of my said daughter the trust shall t~mdnate and the principal and any income accumulated thereon shall be distributed to my grandson, WILLIAM K. WHITLOCK, JR., my grandson, ROBERT H. WHITLOCK, and my grandson, JOHN B. WHITLOCK, equally, share and share alike, the issue of any who may be deceased to take the share his or her parent would have taken if living. To apply income of principal to which any beneficiary is entitled directly for his or her maintenance and support should they deem such beneficiary incapable of receiving the same by mason of age, illness or any infirmity or incapacity, or to pay the same to such person as they select to disburse it, whose receipt shall be a complete acquittance therefore, without the intervention of any guardian." (2) 3. By Item EIGHTH of her Will, Testatrix appointed William A. Sankey and Mellon Bank, N.A. as Trustees of the residuary trust. 4. This Petition is filed because the said Mellon Bank, N.A. has renounced its right to serve on August 18, 2004. The original Renunciation is attached hereto as Exhibit "B". 5. The First and Final Account of the said William A. Sankey, Trustee, as stated by William A. Sankey, Executor of the Will of Elizabeth J. Sankey, has been stated to the parties in interest informally and all parties have signed their Receipt and Release forms. The Account shows a principal balance of $441,207.45 and income of $4,253.43 as of June 1, 2004 and a market value of $448,941.98 as of August 31, 2004. A copy of the Account is attached hereto as Exhibit "C". The parties in interest are as follows: William A. Sankey 325 Wesley Drive-Apt. 109 Mechanicsburg, PA 17055 Elizabeth Whitlock 5008 Kylock Road Mechanicsburg, PA 17055 William K. Whitlock, Jr. 1935 Sterretts Gape Ave. Carlisle, PA 17013 Robert H. Whitlock 5017 Wood Box Lane Mechanicsburg, PA 17055 John B. Whitlock 409 S. Baltimore Avenue Mount Holly Springs, PA 17065 Husband Life Tenant Daughter Contingent Remainderman Grandson Contingent Remainderman Grandson Contingent Remainderman Grandson Contingent Remainderman (3) 7. The consents of all of the above parties in interest who are sui juris to this Petition are attached hereto as Exhibit "D". 8. The proposed sole Trustee is William A. Sankey, 325 Wesley Drive, Apt. 109, Mechanicsburg, PA 17055. The consent of the proposed Trustee is attached hereto as Exhibit 9. Because Mellon Bank, N.A. has renounced its fight to serve as Co-Trustee, it is necessary that this Court appoint William A. Sankey as sole Trustee to administer the assets of this Trust. WHEREFORE, Petitioner respectfully requests this Court to appoint William A. Sankey as sole Trustee of the residuary trust under the Will of Elizabeth J. Sankey, Deceased. William A. Sankey, Executor of the ~11 of Elizabeth J. Sankey, Deceased Trustee (4) COMMONWEALTH OF PENNSYLVANIA: · SS· COUNTY OF ~.~q-~.,z.~ : William A. Sankey, being duly sworn according to law, deposes and says that the facts set forth in the foregoing petition are tree and correct to the best of his knowledge, information and belief and that all adult parties in interest have consented to this petition. William A. Sankey Petitioner Sworn and subscribed to before me this o2./x~4- day of ~ ,2004. ' Nota~-y Public ~' COMMON~NEALTH OF PENNSYLVANIA I..ow~ Allen Two., Cun',/~land Counly Member, Pennsylvania Association Of Notaries (5) BE IT REMEMBERED, that I, ELIZABETH J. SANKEY, of Mechanicsburg, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this to be my last Will and Testament, hereby revoking and making void all former wills by me at any time made. FIRST: I order and direct that all my just debts and funeral expenses shall be paid as soon as conveniently may be after my decease. SECOND: I give, devise and bequeath all of my personal effects, including household furniture and furnishings, and any car I may own at the time of my decease, to my husband, WILLIAM A. SANKEY; and if deceased then to my daughter, ELIZABETH S. WHITLOCK. THIRD: If my husband, WILLIAM A. SANKEY, survives me, I direct that my Trustees, hereinafter named, hold, IN TRUST, an amount free of all taxes equal to the maximum marital deduction allowable to my estate for Federal estate tax purposes, reduced by an amount, if any, needed to increase my taxable estate to the largest amount that after allowing for the applicable credit amount and any other credits available to my estate, will result in no Federal estate tax, to keep it invested and to make distribution as follows: 1. 2. To pay my husband, the net income thereon. As much of the principal as my Trustees may from time to time think desirable for his welfare comfort or support shall be paid to him. 3. Upon the death of my husband any remaining principal and income accumulated thereon shall be paid to such one or more persons or organizations, including his estate, on such terms as he may appoint by his will specifically referring to this power of appointment. 4. In the event my husband does not exhaust his power of appointment under the preceding paragraph, on his death, then the balance of the unappointment principal and any income accumulated thereon shall be added to my residuary trust. FOURTH: All the rest, residue and remainder of my estate, real, personal and mixed, of whatsoever kind and wheresoever situate, I give, devise and bequeath to my Trustee, in Trust for my husband, WILLIAM A. SANKEY, to keep it invested and to distribute the net income therefrom and the principal itself as follows: 1. To pay my said husband the net income thereon. 2. To pay to or apply for the benefit of my said husband, as much of the principal as my trustee deems advisable for his health and medical, dental, hospital and nursing expenses and expenses of invalidism. 3. Upon the death of my said husband the Trust shall terminate and the principal and any income accumulated thereon shall be distributed as follows: A. I give and bequeath the sum of TWO HLrNDRED TWENTY FIVE THOUSAND ($225,000.00) DOLLARS to my grandson, WILLIAM K. WHITLOCK, JR. B. I give and bequeath the sum of FIFTY THOUSAND ($50,000.00) DOLLARS to my grandson, ROBERT H. WHITLOCK. C. I give and bequeath the sum of FIFTY THOUSAND ($50,000.00) DOLLARS to my grandson, JOHN B. WHITLOCK. D. The balance of the principal to my trustees for my daughter, ELIZABETH S. WHITLOCK 1. To pay the net income to my said daughter. 2. The Trustee may apply the net income of the Trust established herein for the support of ELIZABETH S. WHITLOCK, should she, by reason of age, illness or any other cause, in the opinion of the Trustee, be incapable of disbursing said income. 3. The Trustee is authorized, in its absolute discretion, to use principal for the health, maintenance and support of ELIZABETH S. WHITLOCK, provided, however, that in determining whether to use principal pursuant thereto, the Trustee shall consider the funds available to ELIZABETH S. WHITLOCK. Upon the death of my said daughter the trust shall terminate and the principal and any income accumulated thereon shall be distributed to my grandson, WILLIAM K. WHITLOCK, JR., my grandson, ROBERT H. WHITLOCK, and my grandson,JOHN B. WHITLOCK, equally, share and share alike, the issue of any who may be deceased to take the share his or her parent would have taken if living. To apply income of principal to which any beneficiary is entitled directly for his or her maintenance and support should they deem such beneficiary incapable of receiving the same by reason of age, illness or any infirmity or incapacity, or to pay the same to such person as they select to disburse it, whose receipt shall be a complete acquittance therefor, without the intervention of any guardian. FIFTH: No interest of any beneficiary under this Will or any codicil hereto shall be subject to anticipation or voluntary alienation, and the personal receipt of such beneficiary shall be the sufficient and only discharge of my Executor and Trustee unless otherwise provided herein. SIXTH: I authorize my Executrix and Trustee to retain and to invest in all forms of real and personal property, regardless of any limitations imposed by law on investments by executors or any principle of law concerning investment diversification. SEVENTH: All Federal Estate, State Inheritance Tax and other death taxes payable because of my death, with respect to the property forming my gross estate passing under this will, including any interest or penalty imposed in connection with such tax, shall be paid from my residuary estate, before its division into shares, in the same manner as an administrative expense. EIGHTH: I nominate, constitute and appoint my husband, WILLIAM A. SANKEY, Executor of, and my husband, WILLIAM A. SANKEY and MELLON BANK, N.A., of Mechanicsburg, Pennsylvania, as Trustees under this my Last Will and Testament. In the event my said husband cannot act or continue to act as Executor for any reason, I nominate and appoint MELLON BANK, N.A., Executor of this, my Last Will and Testament. In the event my husband cannot act or continue to act as Trustee for any reason, I nominate and appoint MELLON BANK, N.A., to serve as the sole Trustee. No fiduciary acting hereunder shall be required to post bond or enter security in any jurisdiction. IN WITNESS WHEREOF I have hereunto set my hand and seal this day of [}/es C (~.~ ~" ~ C ~ , A.D. 2001. 'O'~LIZ ~A;~B, ETH i. SA~E¥ ~ (SEAL) Signed, Sealed, Published and declared by the above named Testatrix as and for her last Will and Testament in the presence of us, who at her request, in her presence and in the presence of each other, have hereunto subscribed our names as witnesses. Register of Wills of Cumberland County, Pennsylvania RENUNCIATION INRE: ESTATE OF ELIZABETH J. SANKEY, DECEASED No. The undersigned, a duly authorized individual on behalf of Mellon Bank, N.A., named as a Co-Trustee in Article EIGHTH of the Decedent's Last Will and Testament dated November 6, 2001, hereby renounces its right to serve as a Co-Trustee and respectfully requests that the remaining Trustee serve as the sole Trustee. Witness my hand this ATTEST: SWORN TO AND SUBSCRIBED B~fore~ /~;:~ day of ,2004. Notary Public day of August, 2004. MELLON BANK, N.A. BY: l?gl'A'~[ ~ ~ Title: My Commission expires: COURT OF COMMON PLEAS OF CUMBERLAND., PA ' ORPHANS' COURT DIVISION FIRST AND FINAL ACCOUNTING OF William A. Sankey, Executor For Date of Death: Date of Appointment: Accounting for the Period: Estate of Elizabeth J. Sankey ~ certi;~ ~:~,~ i~ :~ ~:~-, ,,,:~, 2004 ~ January 11, Februa~ 06, 2004 Janua~ 11, 2004 to Purpose of Account: The above fiduciary offers this account to acquaint interested parties with the transactions that have occurred during his/her administration. It is important that the account be carefully examined. Requests for additional information, or questions, or objections, can be discussed with: Richard J. Embery, Esquire 300 Huntingdon Pike Rockledge, PA 19046 Signatures: Estate of Elizabeth J. Sankey Summary of Account Principal Receipts $ 462,679.31 Less Disbursements: Funeral Expenses Administrative Expenses Fees & Commissions Principal Balance On Hand Income Receipts Income Balance on Hand 11,497.28 8.00 9,966.58 211471.86 441,207.45 4,253.43 4,253.43 Combined Balance on Hand $ 445,460.88 Page 1 (1) Estate of Elizabeth J. Sankey Receipts of Principal FACE Cash and Cash Equivalents citizens Bank Acct. #6140721342 Interest to Date of Death Citizens Bank Acct. ~6140698294 Interest to Date of Death citizens Bank Acct.# 6140709954 Interest to Date of Death Citizens Bank Acct. #6140724945 Interest to Date of Death citizens Bank Acct. #6140719461 Interest to Date of Death M&T Bank-Certificate #31003914503238 Interest to Date of Death Oppenheimer Money Market Fund Wachovia Bank Cert. #247412051816925 Interest to Date of Death Total Cash and Cash Equivalents Inventory Value 01/11/2004 $ 13,161.87 3.55 24,390.31 51.03 14,042.91 26.90 19,479.36 36.81 17,539.77 19.45 15,140.76 37.46 0.20 41,088.34 42.84 145,061.56 Page 1 (2) Receipts of Principal (Continued) No. of Shares 2,000 1,600 600 1,000 1,000 1,000 50O Par Value 20,000 25,000 25,000 Stocks Bellsouth Corp. Exxon Mobil Corp. Green Mountain Power Corp. Progress Energy Inc. Teco Energy Inc. U S Steel Corp. Verizon Corp Backed TR Ctf 7.625% Total Stocks Bonds, Debentures & T-Bills Carlynton PA S/D GO NR/AAA FSA REG 4.00% DUE 10/1/2007 Citigroup Inc. 5% due 3/6/2007 General Electric Cap Corp. 5% due 2/15/2007 Total Bonds, Debentures & T-Bills Total Receipts of Principal Inventory Value 01/11/2004 58,415.00 64,808.00 11,452.50 44,832.50 14,765.00 35,020.00 13,815.00 $ Inventory Value 01111/2004 21,075.00 26,692.50 26,742.25 243,108.00 74,509.75 $ 462,679.31 Page 2 (3) Estate of Elizabeth J. Sankey Disbursements of Principal Date Paid 01/14/2004 01 / 14/2004 01/21/2004 03/13/2004 03/02/2004 06/01/2004 Funeral Expenses Old Village Restaurant Luncheon Total Old Village Restaurant Parthemore Funeral Home Funeral services Total Parthemore Funeral Home Whitemarsh Memorial Park Interment Granite Memorial Total Whitemarsh Memorial Park Total Funeral Expenses Administration Expenses Wachovia Bank Checkbook charge Total Wachovia Bank Total Administration Expenses Fees and Commissions Embery, Outterson & Fuges Services Amount Paid 158.56 158.56 7,919.72 7,919.72 $ 1,120.00 2,299.00 $ 3,419.00 $ 11,497.28 8,00 8.00 8.0o 9,250.00 Page I (4) Disbursements of Principal (Continued) Date Paid Amount Paid 06/01/2004 Fees and Commissions Administrative costs: Probate fee $383.00 Advertising 307.58 Notary fees 7.00 Tax letter 10.00 Telephone 9.00 Total Embery, Outterson & Fuges Total Fees and Commissions Total Disbursements of Principal 716.58 9,966.58 9,966.58 $ 2~,471.86 Page 2 (5) Estate of Elizabeth J. Sankey Receipts of Income Income Collected Bellsouth Corp. 02/02/2004 Dividend on 2,000 Shares 05/03/2004 Dividend on 2,000 Shares Carlynton PA S/D GO NR/AAA FSA REG 4.00% DUE 10/1/2007 04/01/2004 Interest on 20,000 Par Citizens Bank Acct.#6140721342 05/07/2004 Interest Less accrued portion Citizens Bank Acct.#6140698294 05/07/2004 Interest to closin9 Less accrued portion Citizens Bank Acct.# 6140709954 05/07/2004 Interest to closin9 Less accrued portion Citizens Bank Acct. #6140724945 05/07/2004 Interest to closing Less accrued portion $ 500.00 500.00 $ 400.00 $ 53.10 (3.55) $ 146.31 (51.03) $ 149.24 (26.90) $ 107.90 (36.81) 1,000.00 400.00 49.55 95.28 122.34 71.09 Page 1 (6) Receipts of Income (Continued) Citizens Bank Acct. #6140719461 05/07/2004 Interest to closing Less accrued portion General Electric Cap Corp. 5% due 2/15/2007 02/17/2004 Interest on 25,000 Par Green Mountain Power Corp. 03/31/2004 Dividend on 500 Shares M&T Bank-Certificate #31003914503238 01/31/2004 Interest to closing Less accrued portion Oppenheimer Money Market Fund 02/20/2004 Interest 03/19/2004 Interest 04/16/2004 Interest 05/21/2004 Interest Progress Energy Inc. 02/02/2004 Dividend on 1,000 Shares 05/03/2004 Dividend on 1,000 Shares Teco Energy Inc. 02/17/2004 Dividend on 1,000 Shares 05/17/2004 Dividend on 1,000 Shares 172.12 (19.45) 625.00 110.00 64.80 (37.46) 0.04 0.12 0.04 0.05 575.00 575.00 190.00 190.00 152.67 625.00 110.00 27.34 0.25 1,150.00 380.00 Page 2 (7) Receipts of Income (Continued) Wachovia Bank Ce~.#247412051816925 02/20/2004 Interest to closing Less accrued portion Wachovia Bank Estate Savings Acct. 05/28/2004 Interest Total IncOme Received $ 104.46 (42.84) $ 8.29 61.62 8.29 4,253.43 Page 3 (8) ELIZABETH J. SANKEY Schedule of Distribution Balance for Distribution: Awarded as follows: To: William A. Sankey, Trustee Residual Trust U/W of Elizabeth J. Sankey Entire Residue-Consisting of: Cash 2,000 shs. BellSouth Corp. 1,600 shs. Exxon Mobil Corp. 500 shs. Green Mountain Power 1,000 shs. Progress Energy Inc. 1,000 shs. Teco Energy Inc. 1,000 shs. U.S. Steel Corp. 500 shs. $20,000 $25,000 $25,000 $127,843.13 58,415.00 64,808.00 11,452.50 44,832.50 14,765.00 35,020.00 13,815.00 Verizon Corp Backed TR Ctf 7.625% Carlynton PA S/D GO NPJAAA FSA REG 4.00% Bd. due 10/1/2007 21,075.00 Citigroup Inc. 5% Bd due 3/6/207 26,692.50 General Electric Cap Corp. 5% Bd. Due 2/15/2007 26,742.25 $445,460.88 $445,460.88 WILLIAM A.SANKEY /~/ (SEAL) COMMONWEALTH OF PENNSYLVANIA: COUNTY OF MONTGOMERY: WILLIAM A. SANKEY, being duly sworn according to law deposes and says that the account as stated is true and correct. WILLIAM A. SANKEY (SEAL) Sworn to and Subscribed before me this /'~' ~ dayof ~(4~-f~-u/i ,2004. I, the undersigned, being one of the parties in interest in the ESTATE OF ELIZABETH J. SANKEY, Deceased, hereby certify that I have examined the foregoing Account of William A. Sankey, Executor, and find the same correct both as to the charges and discharges therein. I hereby acknowledge the transfer of funds to the testamentary trust under the Will of the late Elizabeth J. Sankey dated November 6, 2001 as shown by said Account and hereby release and discharge the said William A. Sankey, Executor from any and all liability and from any and all further accounting in Court or elsewhere. Soc. Sec. No. COUNTY OFtZ~,-_.la-~.t/~-~4 : On the ~ t~day of~,ltx~.-, 2004, personally appeared before me, a Notary PublicfortheStateof'-~'~--~x,~,;v~ , residing in the City Of ~-"~x? X-~,~t_ ELIZABETH WHITLOCK, who acknowledged the foregoing release to be her act and deed and desired the same to be recorded as such. Not~ubli~ NOTARIAL SEAL LOUIS J. LORE, Notary Public Camp Hill Boro, Cumberland Count My Commission Expires April 14, 2007 I, the undersigned, being one of the parties in interest in the ESTATE OF ELIZABETH J. SANKEY, Deceased, hereby certify that I have examined the foregoing Account of William A. Sankey, Executor, and find the same correct both as to the charges and discharges therein. I hereby acknowledge the transfer of funds to the testamentary trust under the Will of the late Elizabeth J. Sankey dated November 6, 2001 as shown by said Account and hereby release and discharge the said William A. Sankey, Executor from any and all liability and from any Nd all further accounting in Court or elsewhere. WILLIAM K. WHITLOCK, JR. (SEAL) Soc. Sec. No. I$~' ,f'$' 3 ¥12 Wimesses: coumv On the 2-1 *~-ay of ~-~,~004, personally appeared before me, a Notary Public for the State of~/~z~ . residing in the City of ~,f~/~ ~Z.~' , WILLIAM K. WHITL6CK, JR., who acknowledged the foregoing release to be his act and deed and desired the same to be recorded as such. COMMONWEALTH OF PENNSYLVANIA Notarial Seal ] Viola Roe~e, Notary Public / ML Holly Springs Bom, Cumbedand County [ My Commisslc~ Expires Nov, 21, 2007 J Member, Pennsylvania Association Of Notaries Notary Public ~.r~,' I, the undersigned, being one of the parties in interest in the ESTATE OF ELIZABETH J. SANKEY, Deceased, hereby certify that I have examined the foregoing Account of William A. Sankey, Executor, and find the same correct both as to the charges and discharges therein. I hereby acknowledge the t~ansfer of funds to the testamentary trust under the Will of the late Elizabeth J. Sankey dated November 6, 2001 as shown by said Account and hereby release and discharge the said William A. Sankey, Executor from any and all liability and from any and all further accounting in Court or elsewhere. STATE OF ~l~q~vc.,~ct COUNTY OF (_'v,~9~c~\e~ ~c\ ROBERT H. WHITLOCK (SEAL) Soc. Sec. On the b3c-X day of "xl,) ~ - ,2004, personally~appeared before me, a Notary Public for the State of ~)¢~ , residing in the City of ~ ~q9 I&~\ , ROBERT H. WHITLOCK, who acknowledged the foregoing release to be his act and deed and desired the same to be recorded as such. J (. lotar k jic CG~ONWF...ALTH Or' PENNeYLVANIA NOTARIAL SEAL ] KENNETH L. FRY JR., Notary Publ{c ] Camp Hill Boro, Cumberland Coumy ] I, the undersigned, being one of the parties in interest in the ESTATE OF ELIZABETH J. SANKEY, Deceased, hereby certify that I have examined the foregoing Account of William A. Sankey, Executor, and find the same correct both as to the charges and discharges therein. I hereby acknowledge the transfer of funds to the testamentary trust under the Will of the late Elizabeth J. Sankey dated November 6, 2001 as shown by said Account and hereby release and discharge the said William A. Sankey, Executor from any and all liability and from any and all further accounting in Court or elsewhere. sod B. WmTLOC : Soc. Sec. No. C.C Wimesses: STATE OF On the '2~L~(V~day of ?X~e~q 2004, personally appeared before me, a Notary Public for the State o~,\x~ a~i~, residing in the City of~, ~\¼ 57 c ~ _x-~_ , JOHN B. WHITLOCK, JR., who ac~noWledged the foregoing release to be his a~c and deed and desired the same to be recorded as such. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLANIA ORPHANS' COURT DIVISION No. of 2004 Estate of ELIZABETH J. SANKEY, Deceased Consent I, Elizabeth Whitlock, being the Testator's daughter and the contingent residual remainderman of the residuary trust under Item FOURTH of the Will of Elizabeth J. Sankey, Deceased, hereby consent to the removal of Mellon Bank, N.A. as Co-Trustee and the appointment of William A. Sankey as sole Trustee. ELIZ)ABETH WHITLOCK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLANIA ORPHANS' COURT DIVISION No. of 2004 Estate of ELIZABETH J. SANKEY, Deceased Consent I, William K. Whitlock, Jr. being the Testator's grandson and the contingent remainderman under Item FOURTH of the Will of Elizabeth J. Sankey, Deceased, hereby consent to the removal of Mellon Bank, N.A. as Co-Trustee and the appointment of William A. Sankey as sole Trustee. WILLIAM K. WHITLOCK, JR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLANIA ORPHANS' COURT DWISION No. of 2004 Estate of ELIZABETH J. SANKEY, Deceased Consent I, Robert H. Whitlock, being the Testator's grandson and the contingent remainderman under Item FOURTH of the Will of Elizabeth J. Sankey, Deceased, hereby consent to the removal of Mellon Bank, N.A. as Co-Trustee and the appointment of William A. Sankey as sole Trustee. ROBERT H. W~I~TLOCK COMM OF m COUNTY OF CUMB,I'~ SWOFtN BEFORE ME OOMMONWEALTH Oi" PENNSYLVANIA i": NOTARIAL SEAL KENNETH L. FRY JR., Notanj Public Camp Hill Boro, Cumberland County IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLANIA ORPHANS' COURT DWISION No. of 2004 Estate of ELIZABETH J. SANKEY, Deceased Consent I, John B. Whitlock, being the Testator's grandson and the contingent remainderman under Item FOURTH of the Will of Elizabeth J. Sankey, Deceased, hereby consent to the removal of Mellon Bank, N.A. as Co-Trustee and the appointment of William A. Sankey as sole Trustee. COMMONWEALTH OF PENNSYLVANIA '~ SS COI~NTY OF CUMBERLAND ..! : me, a ~tary public, this 2L~''~ of COMMONWEALTH OF PENNSYLVANI^ NOTARIAL SEAL SUZANNE M. MYERS. NoIapj IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLANIA ORPHANS' COURT DIVISION No. of 2004 Estate of ELIZABETH J. SANKEY, Deceased CONSENT TO SERVE AS A TRUSTEE William A. Sankey hereby consents to serve as sole Trustee of the residuary trust under the Will of Elizabeth J. Sankey, Deceased. Dated: 7> ~-! - W/7/ WILLIAM A. SANKEY ~' ' OCT '1 1 2004 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLANIA ORPHANS' COURT DIVISION No. I I~ of 2004 Estate of ELIZABETH J. SANKEY, Deceased  . ~ DECREE t Now, ,2004, upon consideration of the annexed Petition, it is hereby ORDERED and DECREED that WILLIAM A. SANKEY is appointed sole Trustee &the residuary trust under the Will of Elizabeth J. Sankey, Deceased. BUREAU OF TNDZVZDUAL TAXES TNHERTTAHCE TAX DTVTSTON DEPT. Z80601 HARRISBURG, PA 17128-0601 COMMONWEALTH OF PENNSYLVANIA DEPARTNENT OF REVENUE NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLO#ANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX RE¥-15¢? EX AFP (D1-OS) RICHARD J EMBERY ESQ EMBERY ETAL 500 HUNTINGDON PIKE ROCKLEDGE PA 190q6 DATE 09-20-200q ESTATE OF SANKEY DATE OF DEATH 01-11-200~ FILE NUMBER 21 0~-0115 COUNTY CUMBERLAND ACN 101 Amoun'l: Remi'l:'l:ed ELIZABETH J MAKE CHECK PAYABLE AND REHIT PAYNENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17015 CUT ALONG THZS LZNE ~ RETAZN LONER PORTION FOR YOUR RECO.I~_.~. DISALLOWANCE OF DEDUCTIONS AND ASSESSNENT ..:BP*TAX r ESTATE OF SANKEY ELIZABETH J FILE NO. 21 Ofi-Oll$ TAX RETURN ~/AS: (X) ACCEPTED AS FILED ( ) CHANG~-D RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAZSED VALUE OF RETURN BASED ON.' ORTGINAL RETURN 1. Real Es~a~e (Schedule A) (1) 2. S~ocks and Bonds (Schedule B) (2) $. Closely Held S~ock/Par~nership ]:n~eres~ (Schedule C) ($) q. Mor:~gagas/No~:es Receivable (Schedule D) (q) 5. Cash/Bank Deposi~cs/Misc. Personal Proper~y (Schedule E) 6. Jointly Owned Proper~y (Schedule F) (6) 7. Transfers (Schedule G) (7) 8. To,al Asse~s APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Ada. Cos~s/Misc. Expanses (Schedule H) (9) 10. Debts/Mortgage Liabili:~ias/Liens (Schedule T) (10) 11. 12. 15. 1~. NOTE: .00 lq5z061.56 .00 10z612.1~ 21,~71.86 .00 ~OTE: ~b insure proper ~:~credi~ ~O-"~our account, ~:~subm~ ~he upper portion .00 of ~his fora wi~h your ~ax payment. (B) q75,291.q5 21.q71.86 q51,819.59 .00 To,al Deductions (11) Ne~ Value of Tax Re~urn (12) Charitable/governmental Bequests; Non-elec~ed 9115 Trusts (Schedule J) (15) Ne~ Value of Es*a~e Sub,ac* ~o Tax (lq) If an assesseent was issued previously, lines 14, 15 and/or 16, reflect figures that include the total of ALL returns assessed to date. .00 q51,819.59 .00 .00 17, 18 and 19 t~'i11 ASSESSMENT OF TAX: 15. Amoun~ of Line lq a~ Spousal ra~a 16. Amoun~ of Line lq *axable a~ Lineal/Class A ra~a 17. Amoun~ of Line lq a~ Sibling ra~m 18. Amoun~ of Line Zq ~axable a~ Collateral/Class B ra~e 19. Principal Tax Due TAX CREDITS: PAYMENT RECE/PT DISCOUNT (+) DATE NUNBER /NTEREST/PEN PAID (-) (~s) q51,819.59 x O0 = (16) .00 x Oq5= (17) . O0 x 12 = (18) .00 x 15 = (19)= ZF PAID AFTER DATE /NDZCATED, SEE REVERSE FOR CALCULATION OF ADDITIONAL INTEREST. .00 .00 .00 AMOUNT PAID TOTAL TAX CREDIT I BALANCE OF TAX DUE INTEREST AND PEN. TOTAL DUE .°°I .00 .00 .00 ( ZF TOTAL DUE XS LESS THAN $1, NO PAYMENT ZS REQUIRED. ~'/~ ZF TOTAL DUE ZS REFLECTED AS A "CREDIT" (CR)~ YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.) RESERVATION: Estates of decadents dying on or before December 12, 1982 -- if any future interest in the estate is transferred in possession or enjoyment to Class B (collateral) banaficiaries of the decedent after the expiration of any estatm for life or for years, tha Commonwealth hereby expressly reserves the right to appraise and assess transfer Inheritance Taxes at the lawful Class B (collateral) rate on any such future interest. PURPOSE OF NOTICE: PAYNENT: REFUND (CA): OBJECTIONS: ADNIN- ISTRATIVE CORRECTIONS: DISCOUNT: PENALTY: INTEREST: To fulfill the requirements of Saction 21~0 of the Inheritance and Estate Tax Actj Act Z3 of ZOO0. (72 P.S. Section 91~0). Detach the top portion of this Notice and submit with your payment to the Register of Nills printed on the reverse side. --Make check or money order payable to: REGISTER OF N/ELS, AGENT A refund of a tax credit, which was not requested on the Tax Return, may be requested by completing an "Application for Refund of Pennsylvania Inheritance and Estate Tax" (REV-1313). Applications are available at the Office of the Register of Hills, any of the 23 Revenue District Offices, or by calling tha special Zq-hour answering sarvica for forms ordering: 1-800-362-2050; sarvicas for taxpayers with special hearing and / or speaking needs: 1-800-~q7-3020 (TT only). Any party in interest not satisfied with the appralsemantj allowance, or disallowance of deductions, or assessment of tax (including discount or interast) as shown on this Notice must object within sixty (60) days of receipt of this Notice by: --mritten protest to the PA Department of Revenue, Board of Appeals, Dept. 281021, Harrisburg, PA 17128-1021, OR --election to have the matter determined at audit of the account of the personal representative, OR --appaal to the Orphans' Court. Factual errors discovered on this assessment should be addressed in mriting to: PA Department of Revenue, Bureau of Individual Taxes, ATTN: Post Assessment Review Unit, Dept. 280601, Harrisburg, PA 17128-0601 Phone (717) 787-6505. Sam page 5 of tha booklet "Instructions for Inheritance Tax Return for a Rasident Decedent" (REV-IS01) for an explanation of administratively correctabla errors. If any tax due is paid within three (5) calendar months after tho decedent's death, a five percent (5Z) discount of the tax paid is aZlomed. The 15X tax amnesty non-participation penalty is computed an the total of tha tax and interast assassed, and not paid bafora January 18, 1996, the first day after tha end of tha tax amnasty pariod. This non-participation penalty is appealable in the same mannar and in tha the same tiaa pariod as you would appaal the tax and interest that has been assessed as indicated on this notice. Interest is charged baginning with first day of delinquency, or nine (9) months and one (1) day from tha date of death, to tha date of payment. Taxes which became delinquent before January 1, 1982 bear intarest at the rate of six [62) percent per annum calculated at a daily rate of .00016~. All taxes which became delinquant on and after January 1, 1982 mill bear interest at a rate which will vary from calandar year to calendar year aith that rate announced by the PA Department of Revenue. The applicable interest rates for 1982 through ZOOq are: Interest Daily Interest Daily Interest Daily Year Rate Factor Year Rate Factor Year Rate Factor 1982 ZOZ .000518 1'i~'8-1991 IiX .0fl0301 ~ 9X .O00Zq7 1983 162 .000q38 1992 92 .0002i7 2002 62 .00016q 198q IIZ .000301 1993-199~ 72 .000192 2003 52 .000137 1985 132 .000356 1995-1998 92 .0002q7 200~ qZ .000110 1986 lOX .O00Z7q 1999 72 .000192 1987 iOZ .O00Z7q ZOO0 7Z .000192 --Interest is calculated as follows: INTEREST = BALANCE OF TAX UNPAID X NUNBER OF DAYS DELINtiUENT X DALLY INTEREST FACTOR --Any Notice issued after the tax becomes delinquent mill raflect an interest calculation to fifteen (15) days beyond the date of the assessment. If payment is made after the interest computation date shown on the Notice~ additional interest must be calculated. 5T A TUS REPORT UNDER RULE 6.12 Name of Decedent: Elizabeth J. Sankey Date of Death: January 11, 2004 File Number: 21 04 113 Pursuant to Rule 6.12 of the Supreme Court Orphans'. Court Rules, I report the following with respect to the completion of the administration of the above.captioned estate: 1. State whether administration of the estate is complete: Yes~ No_ 2. If the answer is No, state when the personal representative reasonable believes that the administration will be complete: 3. If the answer to No. 1 is Yes, State the following: a. Did the personal rppresentative file a final account with the Court? Yes _ No..L b. The separate Orphans' Court No. (If any) for the account is: c. Did the personal representative state an account informally to the parties in interest? ~~ ~- . d. Did the personal representatives file receipts, releases, joinders or approvals of formal or informal accounts with the Clerk of the Orphans' Court? Yes _ No 1L- Date~.;:) March 17, 2005 C'') "',',/":',1 Rock1edge, IA 19046 Telephone: (215 I 663-9005 Personal Representative x Counsel for Personal Representative ~) r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLANIA ORPHANS' COURT DIVISION a/ - o y- oii3 No. -~ Estate of ELIZABETH J. SANKEY, Deceased PETITION The Petition of Richard J. Embery and Elizabeth S. Whitlock, Executors of the Will of William A. Sankey, deceased Trustee under the Will of Elizabeth J. Sankey, Deceased, respectfiilly states that: 1. Elizabeth J. Sankey died on January 11, 2004, a resident of Cumberland County, Pennsylvania, leaving a Will dated November 6, 2001, a true and correct copy of which is attached hereto as Exhibit "A". 2. By Item FOURTH of her Will, Testatrix directed that her residuary estate be held in trust and that the income be paid to her husband, William A. Sankey for his lifetime, upon his death she further directed Two Hundred Twenty-five Thousand ($225,000.00) dollars to her grandson, William K. Whitlock, Jr., Fifty Thousand ($50,000.00) Dollars to grandson, Robert H. Whitlock, Fifty Thousand ($50,000.00) Dollars to grandson, John B. Whitlock and the balance to her daughter, Elizabeth S. Whitlock, income for life and a limited right to principal. By Item EIGHTH of her Will, Testatrix appointed William A. Sankey and Mellon Bank, N.A. as Co-Trustees of the residuary trust. However on October 15, 2004 William A. Sankey was appointed as sole trustee and no successor trustee is provided for in the Decree, a copy of which is attached hereto as Exhibit "B". 4. This Petition is filed because the said William A. Sankey died on January 25, 2009. 5. The current statement of the trust account shows a balance of principal of $421,834.79 as of January 31, 2009. 6. The parties in interest are as follows: Elizabeth S. Whitlock Daughter Life Tenant 5008 Kylock Road Mechanicsburg, PA 17055 William K. Whitlock, Jr. Grandson $225,000.00 Legacy 2640 Enola Road Cazlisle, PA 17015 Robert H. Whitlock Grandson $50,000.00 Legacy 5017 Wood Box Lane Mechanicsburg, PA 17055 John B. Whitlock Grandson $50,000.00 Legacy 409 S. Baltimore Avenue Mount Holly Springs, PA 17065 7. The consents of all of the above parties in interest who aze sui juris to this Petition are attached hereto as Exhibit "C". 8. The proposed substituted Trustees are Richazd J. Embery and Elizabeth S. Whitlock, Pennsylvania residents. The consent of the proposed Trustees aze attached hereto as Exhibit "D" 9. Because there is no Trustee now living to administer the assets of this Trust it is necessary that this Court appoint a new Trustee. WHEREFORE, Petitioners respectfully request this Court to appoint Richazd J. Embery and Elizabeth S. Whitlock as substituted Trustees of the residuary trust under the Will of Elizabeth J. Sankey, Deceased. ,~ " e Will of William A. Sankey, Deceased Trustee `_~~ ~1 •t `6R f~ Elizabeth S. Whitlock, Executor of the Will of William A. Sankey, Deceased Trustee I, Richard J. Embery, verify that I am the Petitioner in the within petition, and that the facts contained in the foregoing petition are true and correct to the best of my lmowledge, information and belief; and that this verification is subject to the penalties of I8 Pa. C.S.A. §4904 relative to unsworn falsification to authorities. mbe Petitioner Dated: ~ O/pQ I, Elizabeth S. Whitlock, verify that I am the Petitioner in the within petition, and that the facts contained in the foregoing petition are true and correct to the best of my knowledge, information and belief; and that this verification is subject to the penalties of 18 Pa. C.S.A. §4904 relative to unsworn falsification to authorities. Elizab~th S. Whitlock Petitioner Dated: 3' ~()' UQ~ BE IT REMEMBERED, that I, ELIZABETH J. SANKEY, of Mechanicsburg, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this to be my last Will and Testament, hereby revoking and making void all former wills by me at any time made. FIRST: I order and direct that all my just debts and funeral expenses shall be paid as soon as conveniently may be after my decease. SECOND: I give, devise and bequeath all of my personal effects, including household furniture and furnishings, and any car I may own at the time of my decease, to my husband, WILLIAM A. SANKEY; and if deceased then to my daughter, ELIZABETH S. WHITLOC& THIRD: If my husband, WILLIAM A. SANKEY, survives me, I direct that my Trustees, hereinafter named, hold, IN TRUST, an amount free of all taxes equal to the maximum marital deduction allowable to my estate for Federal estate tax purposes, reduced by an amount, if any, needed to increase my taxable estate to the largest amount that after allowing for the applicable credit amount and any other credits available to my estate, will result in no Federal estate tax, to keep it invested and to make distribution as follows: 1. To pay my husband, the net income thereon. 2. As much of the principal as my Trustees may from time to time think desirable for his welfare comfort or support shall be paid to him. 3. Upon the death of my husband any remaining principal and income accumulated. thereon shall be paid to such one or more persons or organizations, including his estate, on such terms as he may appoint by his will specifically referring to this power of appointment, 4. In the evrnt my husband does not exhaust his power of appointment under the preceding paragraph, on his death, then the balance of the unappointment principal and any income accumulated thereon shall be added to my residuary trust, FOURTH: All the rest, residue and remainder of my estate, real, personal and mixed, of whatsoever kind and wheresoever situate, I give, devise and bequeath to my Trustce, in Trust for my husband, WILLIAM A. SANKEY, to keep it invested and to distribute the net income therefrom and the principal itself as follows: 1. To pay my said husband the net income thereon. 2. To pay to or apply for the benefit of my said husband, as much of the prindpal as my trustee deems advisable for his health and medical, drntal, hospital and nursing expenses and exprnses of invalidism. 3. Upon the death of my said husband the Trust shall terminate and the principal and any income accumulated thereon shall be distributed as follows: A. I give and bequeath the sum of TWO HUNDRED TWENTY FIVE THOUSAND (sz2s,ooo.oo) DOLLARS to my grandson, WILLIAM K. wHITLOCK, JR B. I give and bequeath the sum of FIFTY THOUSAND (550,000.00) DOLLARS to my grandson, ROBERT H. WHITLOCK. C. I give and bequeath the sum of FIFTY THOUSAND (550,000.00) DOLLARS to my grandson, JOHN B. WHITLOCK. D. The balance of the principal to my trustees for my daughter, ELIZABETH S. WHITLOCK 1. To pay the net income to my said daughter. 2. The Trustee may apply the net inwme of the Trust established herein for the support of ELIZABETH S. WHITLOCK, should she, by reason of age, illness or any other cause, in the opinion of the Trustee, be incapable of disbursing said income. 3. The Trustee is authorized, in its absolute discretion, to use principal for the health, maintenance and support of ELIZABETH S. WHITLOCK, provided, however, that. in determining whether to use principal pursuant thereto, the Trustee shall consider the funds available to ELIZABETH S. WHITLOCK. 4. Upon the death of my said daughter the trust shall terminate and the principal and any income accumulated thereon shall be distributed to my grandson, WILLIAM & WHITLOCIf, JR., my grandson, ROBERT H. WHITLOCK, and my grandson, JOHN B. WHITLOCK, equally, shaze and share alike, the issue of any who xnay be deceased to take the shaze his or her pazent would have taken if living. 5. To apply income of principal to which any beneficiary is entitled directly for his or her maintenance and support should they deem such beneficiary incapable of receiving the same by reason of age, illness or any infirmity or incapacity, or to pay the same to such person as they select to disburse it, whose receipt shall be a complete acquittance therefor, without the intervention of any guardian, FIFTH: No interest of any beneficiary under this Will or any codicil hereto shall be subject to anticipation or voluntary alienation, and the personal receipt of such beneficiary shall be the sufficient and only discharge of my Executor and Trustce unless otherwise provided herein. SIXTH; I authorize my Executrix and Trustce to retain and to invest in all forms of real and personal property, regardless of any limitations imposed by law on investments by executors or any principle of law concerning investment diversification. SEVENTH; All Federal Estate, State Inheritance Tax and other death taxes payable because of my death, with respect to the property foraung my gross estate passing under this will, including any interest or penalty imposed in connection with such tax, shall be paid from my residuary estate, before its division into shares, in the same manner as an administrative expense. EIGHTH: I nominate, constitute and appoint my husband, WILLIAM A. SANKEY, Executor of, and my husband, WILLIAM A. SANKEY and MFi.i ON BANG, N.A., of Mechanicsburg, Pennsylvania, as Trustees under this my Last Will and Testament. In the event my said husband cannot act or continue to act as Executor for any reason, I nominate and appoint MELLON BANK, N.A.,.Executor of this, my Last Will and Testament. In the event my husband cannot act or continue to act as Trustee for any reason, I nominate and appoint MELLON BANK, N.A., to serve as the sole Trustee. No fiduciary acting hereunder shall be required to post bond or, enter security is any jurisdiction. 1N WITNESS WHEREOF I have hereunto set my hand and seal this i ~_day of n~~ t1 ~_ t'~1 ('S ~ {~ A.D. 2001. ,~' µELI7.TH J. s N Signed, Scaled, Published and declared by the above named Testatrix as and for her last Will and Testament in the presence of us, who at her request, in her presence and in the presence of each other, have hereunto subscribed our names as witnesses. ~m~d ~ ~~ __.~_ EXHIBIT "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLANIA ORPHANS' COURT DIVISION No. of 2004 Estate of ELIZABETH J. SANKEY, Deceased DECREE Now, O (,~' I_ j , 2004, tgwn consideration of the annexed Petition, it is hereby ORDERED and DECREED that WII,LIAM A. SANKEY is appointed sole Trustee of the residuary trust under the Will of Elizabeth J. Sankey, Deceased. ,. A TRUE COPY FROM RECORD In Testimony wharof, 1 hereunto set my hand and the seal of.s~id Court at Carlisle, PA This av nf!!r-l-~tL...~n R"t~ EXHIBIT "C„ JOINDER AND CONSENT I, William K. Whitlock, Jr. being the Testator's grandson and the legacy beneficiary under Item FOURTH of the Will of Elizabeth J. Sankey, Deceased, hereby consent to the appointment of Richard J. Embery and Elizabeth S. Whitlock as substitute Trustee. WILLIAM K. WHITLOCK, JR~~ ~^' ~y JOINDER AND CONSENT I, Robert H. Whitlock, being the Testator's grandson and the legacy beneficiary under Item FOURTH of the Will of Elizabeth J. Sankey, Deceased, hereby consent to the appointment of Richard J. Embery and Elizabeth S. Whitlock as substitute Trustee. ~~ti ~~ ROBERT H. TTLOCK JOINDER AND CONSENT I, John B. Whitlock, being the Testator's grandson and the legacy beneficiary under Item FOURTH of the Will of Elizabeth J. Sankey, Deceased, hereby consent to the appointment of Richazd J. Embery and Elizabeth S. Whitlock as substitute Trustee. JO B. WHTTLOCK EXHIBIT "D" CONSENT TO SERVE AS A TRUSTEE Richard J. Embery hereby consents to serve as substituted Trustee of the residuary trust under the Will of Elizabeth J. Sankey, Deceased. CONSENT TO SERVE AS A TRUSTEE Elizabeth S. Whitlock hereby consents to serve as substituted Trustee of the residuary trust under the Will of Elizabeth J. Sankey, Deceased. Dated:_~J_~U' ~ i~ ~~_'r.11.~5.~,1 ~^ ~-`SC,J ELIZ ETH S. WHTTLOCK ~,pR 3 0 20~8~ ~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLANIA ORPHANS' COURT DIVISION No. e Estate of ELIZABETH J. SANKEY, Deceased PETITION FOR APPOINTMENT OF TRUSTEE IN ACCORDANCE WITH 20 Pa. C.S.A. §7101 DECREE Now, V~ t z ~ , 2009, upon consideration of the annexed Petition, it is hereby ORDERED and SCREED that Richard J. Embery and Elizabeth S. Whitlock are appointed substituted Trustees of the residuary trust under the Will of Elizabeth J. Sankey, Deceased. ~'~~ 1 ~ - ~ ~ d ~ C:~ t,. J. ,, _, .. G ~. ~-: In Re: ELIZABETH J SANKEY ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA N0.21-04-0113 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: OS-06-09 JUDGE'S INITIALS: TIME STAMP DATE: OS-06-09 IN RE: DECREE SERVICE TO: EMBERY OUTTERSON AND FUGES PC METHOD OF MAILING: ® USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: 05/06/09 ENVELOPES PROVIDED BY: ® PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT SERVICE TO: METHOD OF MAILING: ^ USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: ENVELOPES PROVIDED BY: ^ PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT Depu Clerk of Orphans' Court