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HomeMy WebLinkAbout02-0626 Date of Death: "~ - Will No.: ~c_~ ~ ~ ¢, Z ~ Admin. No.: Pursuant to Rule 6.12 of thc Supreme Court Orphans' Court Rules, I report the following with respect to completion of the arlministrafion of the above-captioned estate: 1. State whether administration of the estate is complete: Yes [-1 No 2. If the answer is No, state when the personal rep_.resentative reasonably believes that the administration will be complete: 3. If the answer to No. 1 is Yes, state the following: a. Did the personal representative file a final account with the Court? Yes .J~ No b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? Yes [-] No [-] c. Copies of receipts, zeleases, joinders and approval of formal or informal accounts may be filed with the C1/~k of the Orphan,q' Court and maybe attachedto th/s r~~ Name ::, '~:,3 Address ' - . ,'.7 ~,o,. ph (--,u. ~ .... ~:,a. Tele one No. Capacity: ~.,,Personal Representative IJ~ Counsel for personal representative In Re: : 1N THE COURT OF COMMON PLEAS OF Estate of Agnes Frances Scholten : CUMBERLAND COUNTY, PENNSYLVANIA :ORPHANS' COURT DIVISION : NO. 21-02-0626 MOTION TO APPROVE DISTRIBUTION TO CUSTODIANS FOR MINORS As per 20 Pa. C.S.A. §5306 The motion of Elaine Scholten Stephan, Executrix of the estate of Agnes Frances Scholten, respectfully represents that: 1. Petitioner is Executrix of the Estate of Agnes Frances Scholten who died testate on July 1, 2002. 2. As per The Second Item subsection h. of her will, Agnes Frances Scholten gave all her shares of United Income Fund to Janet S. Harmon, Christian A. Harmon, J. Alexander Harmon, and Frances E. R. Harmom share and share alike. [a copy of the Will is attached hereto as Exhibit 1] 3. United Income Fund became WR Advisors Core Investments after Agnes Frances Scholten wrote her will. 4. On or about August 13, 2003 t¼ of the shares of WR Advisors Core Investments were sold yielding proceeds of $20,183.28 and these proceeds were distributed to Janet Stephan Harmon. 5. On or about November 17, 2003 the balance of the WR Advisors Core Investments were sold yielding proceeds of $61,920.52. When divided among Christian A. Harmon, J. Alexander Harmon, and Frances E. R. Harmon, each would receive $20,640.17. 6. Christian A. Harmon, J. Alexander Harmon, and Frances E. R. Harmon are all minor children of Janet Stephan Harmon, live with Janet Stephan Harmon and have following birthdates: Christian A. Harmon - February 23, 1988 [age 16 yrs] J. Alexander Harmon - November 30, 1989 [age 14 yrs] Frances E. R. Harmon - April 7, 1987 [age 7 yrs]. 7. On January 13, 2004 the Executix' Account and Schedule of Proposed Distribution was approved by this Court. The schedule proposed distribution of the funds for the each of the above named Harmon children to a restricted savings account at M&T Bank. 8. {}5306 of the Pennsylvania Probate Estate and Fiduciaries Code, 20 Pa. C.S.A. {}5306 permits a Personal Representative to make an irrevocable transfer to another adult as custodian for the benefit of a minor under a Will that does not contain an authorization to do so if the Personal Representative considers the transfer to be in the best interest of the minor(s); the transfer is not prohibited by or inconsistent with provisions of the applicable will; and the transfer is authorized by the Court if it exceeds $10,000 in value. 9. The undersigned is the Executrix of the estate and she believes a transfer of each minor's share to Janet Stephan Harmon, Custodian for [named child] under the Uniform Gifts to Minors Act of Pennsylvania would be in the best interest of the children because it would provide greater flexibility in the investment of the funds, and the safeguarding of the funds until each minor heir attains 21 years of age. 10. A transfer of each minor's share to Janet Stephan Harmon, Custodian for [named child] under the Uniform Gifts to Minors Act of Pennsylvania would not be inconsistent with the Will of Agnes Frances Scholten. Agnes Frances Scholten owned investments as custodian for each of the same Harmon children and Janet Stephan Harmon has already become successor custodian of the decedent's custodial accounts for each child with each account having approximately the following value: A. Christian A. Harmon - $14,440 B. J. Alexander Harmon - $13,716 C. Frances E. R. Harmon - $5,729 WHEREFORE, Elaine Scholten Stephan requests this Court to enter an Order authorizing her to make distribution for the minors, Christian A. Harmon, J. Alexander Harmon, and Frances E. R. Harmon by making distribution as follows: $20,640.17 to Janet Stephan Harmon, Custodian for Christian A. Harmon under the Uniform Gift to Minors Act of Pennsylvania; $20,640.17 to Janet Stephan Harmon, Custodian for J. Alexander Harmon under the Uniform Gift to Minors Act of Pennsylvania; $20,640.17 to Janet Stephan Harmon, Custodian for Frances E. R. Harmon under the Uniform Gift to Minors Act of Pennsylvania. Respectfully submitted, Tl~l~r ~ ~d_rew~s, Esq. 87k~t Pomfret Street Carlisle PA 17013 (717) 243-0123 Supreme Ct. Id#: 15641 I, Elaine Scholten Stephan, verity that the statements made in this Petition for are true and correct and to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904. relating to unsworn falsification to authorities. Elaine Scholten Stephan 21-02-626 LAST ~ILL ~ND TEST~NENT OF AGNES F~NCES SCHOLTEN I, AGNES FRANCES SCHOLTEN, of Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this as and for my Last Will and Testament, hereby revoking all other Wills and Codicils heretofore made by me. t FIRST I direct my personal representative or personal C representatives, hereinafter referred to in the singular neuter, to pay all my lawful debts, and to expend such sums for my funeral and burial and for the erection of a suitable stone or marker at my grave as it, in their discretion, may deem proper, without the necessity of obtaining an order of court approving the payment of such expenses. It is further my  ~'~ desire that my body be cremated and buried at Neshanic Cemetery, Neshanic, New Jersey. SECOND I give and bequeath the following items of intangible SAIDIS, property as set forth below: SHUFF & MASLAND a. To Elaine S Stephan and Rosalind S. Gainsborg all my 26 W. High Strut ~ > ' - ' ~rlisle, PA shares of Ew_erg~ma3~-Corapa~y-~g4~=h, share and share alike. b. To Elaine S. Stephan and Rosalind S. Gainsborg all my shares of Evergreen Municipal Bond,' share and share alike. c. To Paul B. Stephan, Jr. all my shares o~Chas8 d. To the Stephan Children Trust (EIN 54-6316024) two- thirds of my shares of Lord Abbett: Affiliated. e. To the Adriana DeBolt Stephan Trust (EIN 54-6349402)  one-third of my shares of Lord Abbett: Affiliated. f. To Paul B. Stephan IV all my shares of American Home Products. 4 g. To George F. W. Stephan all my shares of MSDW Municipal Income Trust.  h. To Janet S. Harmon, Christian A. Harmon, J. Alexander ~. Harmon, and Frances E.R. Harmon all my shares of United Income Fund, share and share alike. ~i. To, Rosalind S. Gainsborg all my shares of~P~bli~ .S~v~e of North-Caso~na~ ~'~' '~ ~ ~  To G. Smith all my shares of PEPSICO. j. Joy " k. To Justin M. Smith all my shares of MFS Intermediate Income Trust. 1. To Edward R. Gainsborg, Jr. all my shares of American Funds Investment Company of /enerica. SAIDIS, S H~FF & m. To Richard E. Gainsborg and Timothy B. A. Gainsborg- MASLAND ^vro~s.m.~w all my shares of Evergreen 26W. High Street ~rlisle,?A Izxc~me, share and share alike. n. To Richard E. Gainsborg and Timothy B. A. Gainsborg all my shares of NiSource, share and share alike. THIRD I give and bequeath the following items of ~angible ~ersonal property as set forth below: 1. Unto Paul B. Stephan III my Cherry Secretary Desk. 2. Unto Janet Stephan Harmon my desk with three drawers and sliding doors. 3. Unto Adriana DeBolt Stephan my diamond dinner ring and my 1901 doll. (The diamond and doll had belonged to her great grandmother, Adriana Otto Scholten.) 4. Unto Frances E. R. Harmon ~, my grandfather clock and my spool bed. ~ ,~~~ I give and bequeath the following: 1. Unto Hospice of Frederick County the sum of One Thousand Dollars ($1,000.00). 2. Unto the Neshanic Reformed Church, Neshanic, New Jersey the sum of One Thousand Dollars ($1,000.00). FIFTH I give, devise and bequeath all the rest, residu~ and remainder of my estate, of every kind and description, whether real, personal or mixed and wheresoever situated, of which I may die, seized and possessed, or to which I SAIDI$, may be entitled at the time of my death including an~- S HUFF & MASLAND unexercised power of appointment, in two equal shares unto ~rlisle, PA my sisters as follows: One share I give unto my sister, Elaine Scholten Stephan, absolutely, but if she shall not survive me then to her husband, Paul B. Stephan, Jr., absolutely; but if he also shall not survive me, then to my said sister issue per capita. One share I give to my sister, Rosalind Scholten Gainsborg, absolutely, but if she shall not survive me, then to my sister's step-children and their issue per capita. SIXTH In addition to the powers conferred by law, I authorize any personal representative acting under this instrument, in her absolute discretion: (a) To retain in the form received, or to sell either at public or private sale any real or personal property; (b) To exercise any options to subscribe for stocks, bonds, or other investments. (c) TO join in any plan of !eas~, mortgage, consolidation, exchange, reorganization or foreclosure of any corporation in which my estate or any trust may hold stocks, bonds or other securities; {d) To sell, transfer, convey, mortgage, pledge, lease or exchange any property, real or personal, which SAIDIS, at any time may form part of my estate, for the payment S HUFF & MASLAND of debts or taxes, or for any purpose of administration ~rlisle, PA or distribution, for such prices and upon such terms as my personal representative, in his/her sole discretion, may deem wise, and to execute and deliver deeds of conveyance or transfer ~hereof; (e) To make settlements and compromises on such terms as my personal representative in his/her sole discretion may deem wise without the necessity of obtaining any court approval thereof; (f) To make distribution hereunder either in cash or kind, as my personal representative in his/her discretion may deem wise. SEVENTH I do hereby nominate, constitute and appoint my sister, to act Executrix of this Last ELAINE SCHOLTEN STEPHAN, as my Will and Testament. EIGHTH I direct that no personal representative, guardian, trustee or other fiduciary appointed under this instrument shall be required to give bond for the faithful performance of their duties in any jurisdiction. SAIDIS, CHUFF & MASLAND 26 W. High Street Carlisle, PA IN WITNESS WHEREOF, I, AGNES FRANCES SCHOLTEN, have hereunto set my hand and seal to this my Last Will and Testament, consisting of six (6) typewritten pages, the first five (5) of which bear my signature in the margin for Ldentification, this J' ~ay of Agnes Frances Scholten Signed, sealed, published and declared by the above-named Testatrix, AGNES FRANCES SCHOLTEN, as and for her Last Will and Testament in the presence of us, who have hereunto subscribed our names at her request as witnesses thereto, In the presence of said Testatrix and of each other. SAIDIS, SHUFF & MASLAND ATr~*ATeLAW 26 W. High Street Carlisle, PA COMMONWEALTH OF PENNSYLVANIA: : SS COUNTY OF CUMBERLAND : We, AGNES FRANCES SCHOLTEN, Johnna J. Deily and Ebersole . 'udith A. %~ne Testatrix and witnesses, respectively whose names are signed to the foregoing or attached instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her Last will and Testament and that she signed willingly ~nd that she executed as her free and voluntary act for the ~urposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix signed the Will as witness and that to the best of their knowledge the Testatrix was at the time 18 or more years of age, of sound mind and lnder no constraint or undue influence.j ~AGNES ~.~R~?.CES SCHOLTEN Jo~/~na J/ Deily/, Witness ~udith A'. Ebersole Witness Subscribed, sworn to and acknowledged before me by AGNES FRANCES SCHOLTEN, the Testatrix, and subscribed to and sworn or affirmed to before me by Johnna J. Deily and Judith A. Ebersole SAIDIS, MASLAND q'/~ ~' 1999. frro~,~vs.^'r.u-w witnesses, this/~ day of ' Notary public In Re: · IN THE COURT OF COMMON PLEAS OF Estate of Agnes Frances Scholten · CUMBERLAND COUNTY, PENNSYLVANIA · ORPHANS' COURT DIVISION · NO. 21-02-0626 2~d! ORDER AND NOW, this y of June 2004, in consideration of the attached petition, Elaine Scholten Stephan, Executrix of the Estate of Agnes Frances Scholten, is hereby authorized to make the following distributions to effectuate the proposed distribution of this Estate: All Morgan Stanley Tax Exempt Fund to Paul B. Stephan III, Custodian for George F. W. Stephan as per the Pennsylvania Uniform Gifts to Minors Act; ½ of Evergreen Adj Rate A Fund and ½ of all NiSource shares to Edward R. Gainsborg, Jr., Custodian for Richard E. Gainsborg as per the Pennsylvania Uniform Gifts to Minors Act; and ½ of Evergreen Adj Rate A Fund and ½ of all NiSource shares to Edward R. Gainsborg, Jr., Custodian for Timothy B. Gainsborg as per the Pennsylvania Uniform Gifts to Minors Act. All Transfer Agents for the referenced funds and shares shall recognize the authority of the Custodians named herein. BY THE COURT, In Re: : IN THE COURT OF COMMON PLEAS OF Estate of Agnes Frances Scholten : CUMBERLAND COUNTY, PENNSYLVANIA : :ORPHANS' COURT DIVISION · NO. 21-02-0626 ~; PETITION TO APPROVE DISTRIBUTION TO CUSTODIANS FOR[MINORS As per 20 Pa. C.S.A. {}5306 - The Petition of Elaine Scholten Stephan, Executrix of the estate of Agnes Frances Scholten, respectfully represents that: 1. Petitioner is Executrix of the Estate of Agnes Frances Scholten who died testate on July 1, 2002. 2. On January 13, 2004 the Petitioner's Account and Schedule of Proposed Distribution was approved by this Court. 3. The Schedule of Distribution proposed the following distributions as per provisions of the Will of Agnes Frances Scholten [a copy of the Schedule of Proposed Distribution is attached hereto as exhibit 1 ]: A. All Morgan Stanley Tax Exempt Fund to George F. W. Stephan; B. ½ of the Evergreen Adj Rate A Fund, and ½ of all shares in Nisource to Richard E. Gainsborg; and C. ½ of the Evergreen Adj Rate A Fund, and ½ of all shares in Nisource to Timothy B. Gainsborg. 4. George F. W. Stephan, Richard E. Gainsborg, and Timothy B. Gainsborg are minors with dates of birth as follows: A. George F. W. Stephan, born August 8, 1988 [now 15 years of age]; B. Richard E. Gainsborg, bom March 9, 1989 [now 15 years of age]; C. Timothy B. Gainsborg, born April 10, 1992 [now 12 years of age]. 5. Each of the above named distribute cannot become an owner of the fund or stock that is to be distributed to him because they are minors. Stock and fund registration must be in the name of a custodian for the minor. 6. Edward R. Gainsborg, Jr. is the father of Richard E. Gainsborg and Timothy B. Gainsborg, and Edward R. Gainsborg, Jr. is willing to be custodian for Richard E. Gainsborg and Timothy B. Gainsborg for the property that is to be distributed by the above referenced Estate. [a copy of Edward R. Gainsborg, Jr.'s consent is attached hereto as Exhibit 2] 7. Paul B. Stephan III is the father of George F. W. Stephan and Paul B. Stephan III is willing to be custodian for George F. W. Stephan for the property that is to be distributed by the above referenced Estate. [a copy of Paul B. Stephan's consent is attached hereto as Exhibit 3] 8. Petitioner believes that it is in the best interest of the above named minors for their distribution from this Estate to be distributed to their respective fathers as custodian under the Uniform Gifts to Minors Act. 9. The proposed transfer to the minors' fathers as custodians is not prohibited or inconsistent with the provisions of the Will of Agnes Frances Scholten or any other applicable instrument. 10. {}5306 of the Pennsylvania Probate Estate and Fiduciaries Code, 20 Pa. C.S.A. {}5306 permits a Personal Representative to make an irrevocable transfer to another adult as custodian for the benefit of a minor under a Will that does not contain an authorization to do so. WHEREFORE, Petitioner requests this Court to enter an Order authorizing Petitioner, Elaine Scholten Stephan, to make distribution for the minors, George F. W. Stephan, Richard E. Gainsborg, and Timothy B. Gainsborg, as follows: All Morgan Stanley Tax Exempt Fund to Paul B. Stephan III, Custodian for George F. W. Stephan as per the Pennsylvania Uniform Gifts to Minors Act; ½ of Evergreen Adj Rate A Fund and ½ of all NiSource shares to Edward R. Gainsborg, Jr., Custodian for Richard E. Gainsborg as per the Pennsylvania Uniform Gifts to Minors Act; and ½ of Evergreen Adj Rate A Fund and ½ of all NiSource shares to Edward R. Gainsborg, Jr., Custodian for Timothy B. Gainsborg as per the Pennsylvania Uniform Gifts to Minors Act. Respectfully submitted, Taylor ]~ Andiews, Esq. 78 We~yPomfret Street Carlist~ PA 17013 (717) 243-0123 Supreme Ct. Id/t: 15641 I, Elaine Scholten Stephan, verify that the statements made in this Petition for are tree and correct and to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. Elaine Scholten Stephan IN RE: : IN THE COURT OF COMMON PLEAS OF ESTATE OF Agnes Frances Scholten, : CUMBERLAND COUNTY, PENNSYLVANIA Deceased : ORPHANS' COURT DIVISION NO. 21-02-0626 SCHEDULE OF PROPOSED DISTR/BUTION Combined Balance for Distribution $406,078.28 Remaining as Per First and Final Account:~. As per this Item in Will: DOD value 11-30-03 value TO: Elaine Scholten Stephan 1/2 of Davis New York Venture Fund nodivid~nds inkind Second (a) $30,010.05 $34,690.23 1/2 of Evergreen Municipal Bond Funds dividendsre~vest~ inked Second (b) $46,050.09 $50,053.49 TO: Rosalind S. Gainsborg 1/2 of Davis New York Venture Fund no dividends inkind Second (a) $30,010.05 $34,690.23 1/2 of Evergreen Municipal Bond Funds dividends reinvested inkind Second (b) $46,050.09 $50,053.49 Cash from sale of SCANA Corp., formerly cash Second (I) $23,679.97 $23,679.97 Public Service of North Carolina TO: Stephan Children Trust; Willis Spauiding, Trustee 2/3 of Lord Abbett Affiliated Funds dividends reinv*stexlin kindSecond (d) $32,834.13 $35,490.97 TO: Adriana DeBolt Stephan Trust, Willis Spaulding, Trustee . ~. 1/3 of Lord Abbett Affiliated Funds dividends reinvested in kindSecond (e) : $ ! 6,417.07 $17,745.49 TO: Paul B. Stephan IV ' ; All Home Products shares [now Wyeth] in kindSecond (f) $6,991.60 $5,516.00 dividends received during admin cash $161.00 $161.00 TO: George F. W. Stephan all MSDW Municipal Income Trust, now in kindSecond (g) $10,809.93 '$11,060.46 Morgan Stanley Tax Exempt dividends received during admin cash $579.66 $579.66 TO: Restricted savings account at M&T Bank I/4 of all shares in United Income Fund, now dividendsreinvestad cash Second (h) $20,649.78 $20,640.17 WR Advisors Core Investment A TO: Restricted savings account at M&T Bank 1/4 of all shares in United Income Fund, now dividends re~nvest~ cash Second (h) $20,649.78 $20,640.17 WR Advisors Core Investment A TO: Restricted savings account at M&T Bank 1/4 of all shares in United Income Fund, now dividends reinvestea cash Second (h) $20,649.78 $20,640.17 WR Advisors Core Investment A Schedule of Prop. Dist. 1 TO: Joy G. Smith All Pepsico shares inkind Second (j) $14,706.00 $14,436.00 dividends received during admin $228.00 $228.00 TO: Justin M. Smith All shares of MFS Intermediate Income Trust inkind Second (k) $9,747.00 $9,301.50 dividends received during admin $779.56 $779.56 TO: Edward R. Gainsborg, Jr. All shares of Am. Funds Invest. Co of America dividcndsreinvested inkind Second (1) $14,828.51 $16,597.18 TO: Richard E. Gainsborg 1/2 of Evergreen Capital and Preservation, now i, kmd Second (m) $6,063.22 $6,276.55 Evergreen Adj Rate A Fund I/2 of all shares of NiSource inkind Second (n) $4,344.00 $4,150.00 dividends received during admin cash $336.00 TO: Timothy B.A. Gainsborg 1/2 of Evergreen Capital and Preservation, now dividends reinvested inkind Second (m) $6,063.22 $6,276.55 Evergreen Adj Rate A Fund 1/2 of all shares of NiSource ~kind Second (n) $4,344.00 $4,150.00 dividends received during admin cash $672.00 $336.00 TO: Elaine Scholten Stephan 1/2 interest in Tanglewood inkind Fifth $750.00 $750.00 TO: Rosalind S. Gainsborg 1/2 interest in Tanglewood inkind Fifth $750.00 $750.00 Subtotals: $368,818.49 $390,008.82 TO: Elaine Scholten Stephan 1/2 of residue cash Fifth $18,629.89 $13,023.35 TO: Rosalind S. Gainsborg 1/2 of residue cash Fifth $18,629.89 $13,023.35 Totals: $406,078.28 $416,055.52 STATEMENT OF REASONS FOR THE PROPOSED DISTRIBUTION: This distribution is in accordance with the last will of Agnes Frances Schoiten. The paragraph of the will related to each distribution is noted. The will is attached to the accounting, filed with this schedule. Elaine Scholten Stephan Schedule of Prop. Dist. 2 12112103 Acknowledgement COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I, Elaine Scholten Stephans, being duly sworn according to law, depose and say that the facts set forth in the Statement of Proposed Distribution are tree and correct. Elaine Scholten Stephan f Sworn and subscribed to and betficre me notary ~lic ~ - NOTARIAL SEAL l SHELLY SEXTON, Nota~ Publlc Carliale Boro, Cumberland County My Comml~lon Expires Apdl 26, 2007~ Schedule of Prop. Dist. 3 12/12/03 Ta~lor P. Andrew, s, E~q. Januanj '2'2, 2004 C/O A~drews ~ Johnson Attorne~js at Law 78 West Pomfret Street Carlisle, Pennst~lvania 17013 Dear Mx. I am sendin8 this letter to ~jou as per ~jour request. ~is letter s~nifies m~ ~li~ne~ to act cust~ian of the fun~s ~i~ distr~ut~ to mg two minor ch~&en ~chard ~ward G~r~ Oains~r8 and Timoth~ ~r~ton ~exande~ Gainshor8 from the estate ot ~nes ~ran~s S&dten. I ho~ this letter is su~icient noti~ to ~ver this matter under Pennsylvania ~mmonweMth Law. H 9on n~ ~her intonation or if there is a ~ecific form that n~& to ~ f~ plea~ do not hesitate to contact me. ~ank 9ou for 9our time and consi&ration. Sincerehj ~~xl ardR~mkin~ EXHIBIT ~ UNIVERSITY OF VIRGINIA SCHOOL OF LAW ~-~,~,~-~, Paul B. Stephan  L ewis F. Powell, Jr. Professor of Law pbs~virginia, edu January 24, 2004 Taylor P. Andrews, Esq. 78 West Pomfi-et St. Carlisle PA 17013 Dear Mr. Andrews: This letter will confurn that I am happy to receive distribution~ fi.om the estate of Agnes Frances Scholten on behalf of my minor child, George F.W. Stephan, and that I will act as custodian for him within the requirements of the laws of Pennsylvania and Virginia. Sincerely, 580 Massie Road Charlottesville, Virginia 22903-1789 FAX 434.924. 7536 In Re: : IN THE COURT OF COMMON PLEAS OF Agnes Frances Scholten : CUMBERLAND COUNTY, PENNSYLVANIA :ORPHANS' COURT DIVISION : : NO. 21-02-0626 MOTION TO APPOINT SUCCESSOR CUSTODIAN 1. Petitioner is Elaine Scholten Stephan, Executrix of th~"tate = '~' Agn~ ~rances Scholten who died testate on July 1, 2002. 2. On July 11, 2002 Petitioner was appointed Executrix of ~ Estate~_~f Ages Frances Scholten by the Register of Wills of Cumberland County. 3. At the time of her death, Agnes Frances Scholten controlled an account with Putnam Investments registered in her name as custodian for Frances Elizabeth Harmon under the Uniform Gift to Minors Act. Frances Elizabeth Harmon was a grand niece of the decedent, Agnes Frances Scholten. 4. Frances Elizabeth Harmon was born April 7, 1997 and is now 7 years of age. Her social security number is 417-47-6395. She lives with her mother and father, Janet Stephan Harmon and Alan Harmon. Janet Stephan Harmon was a niece of the decedent, Agnes Frances Scholten. 5. Janet Stephan Harmon is willing to serve as successor custodian in ownership of the Putnam Investments referenced above. A letter from Janet Stephan Harmon indicating her consent to serve as custodian is attached hereto as Exhibit 1. 6. A Court Order appointing Janet Stephan Harmon as successor custodian is required by Putnam Investments in order for the fund to be transferred. WHEREFORE, Petitioner prays Your Honorable Court to appoint Janet Stephan Harmon as successor custodian for Frances Elizabeth Harmon in ownership of Putnam Investment Account A52-1-881-0443448850 previously owned by Agnes Frances Scholten as custodian for Frances Elizabeth Harmon. Respectfully submitted, ~est Pom~et Street Carlisle PA 17013 (717) 243-0123 Supreme Ct. Id#: 15641 I, Elaine Scholten Stephan, verify that the statements made in this Motion are tree and correct and to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Elaine Scholten Stephan Janet Stephan,Harmon 4210 Mount~w Rd. Jeffe~on, MD 21755 July 23, 2004 Shareholder Services Putnam Investor Services PO Box 41203 Providence, RI 02940-1203 Re: Consent and Inslructions as Successor Custodian Forrnerly Frances Scholten Cust for Frances Elizabeth Haxmon Acct A52-1-881-0443448850 Putnam Growth and Income C1-B Reference #: 384556009 Dear Sir or Madam: I am the mother of Frances Elizabeth Harmon, and I agree to serve as successor custodian for the above referenced account that previously had my aunt, Frances Scholten, as custodian. My address is as shown above, 4210 Mountai~-eie~v Rd., Jefferson, MD 21755. My Social Security number is: 578-66-1562. My date of birth is: .~-~ ~,<~-.Z~ My daughter, Frances Elizabeth Harmon also lives at this same address. Her Social Security number is: 417-47-6395 Her date of birth is: 04/07/1997 Please take all necessary action to change the account to reflect my service as custodian. If there are any complications making the requested change to this accom~t please notify the attorney for the estate of Frances Scholten, Taylor P. Andrews, Esq., 78 W. Pomffet St., Carlisle, PA 17013. Sincerely, Janet Stephan Harmon JSH , . ~ ,~ EXHIBIT In Re: : IN THE COURT OF COMMON PLEAS OF Estate of Agnes Frances Scholten : CUMBERLAND COUNTY, PENNSYLVANIA : : ORPHANS' COURT DIVISION : : NO. 21-02-0626 _ORDER AND NOW, this ~__~ay of August 2004, in consideration of the attached Motion to Appoint a Successor Custodian, this Court hereby appoints Janet Stephan Harmon of 4210 Mountville Rd., Jefferson, MD 21755 as successor custodian of Putnam Investment Account A52-1-881-0443448850 for Frances Elizabeth Harmon under the Uniform Transfer to Minors Act of Pennsylvania. In Re: : IN THE COURT OF COMMON PLEAS OF Estate of Agnes Frances Scholten : CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION : NO. 21-02-0626 ORDER AND NOW, this 2 ~t day of August, 2004, in consideration of the attached motion, Elaine Scholten Stephan, Executrix of the Estate of Agnes Frances Scholten, is hereby authorized to make distribution for the minors, Christian A. Harmon, J. Alexander Harmon, and Frances E. R. Harmon by making distribution as follows: $20,640.17 to Janet Stephan Harmon, Custodian for Christian A. Harmon under the Uniform Gift to Minors Act of Pennsylvania; $20,640.17 to Janet Stephan Harmon, Custodian for J. Alexander Harmon under the Uniform Gift to Minors Act of Pennsylvania; $20,640.17 to Janet Stephan Harmon, Custodian for Frances E. R. Harmon under the Uniform Gift to Minors Act of Pennsylvania. BY THE COURT, 0:: ~I ~ 97,~ ~0. STATUS REPORT UNDER RULE 6.12 Name of Decedent: Agnes Frances Scholten Date of Death: July 1, 2002 Will No. 21-02-0626 Admin. No. Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: Yes X No 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: 3. If the answer to No. 1 is Yes, state the following: a. Did the personal representative file a final account with the Court? Yes X No b. The separate Orphans' Court No. (if any) for the personal representative is: c. Did the personal representative state an account informally to the parties in interest? ~- Yes No X Copies of receipts, releases, j oinders and approvals of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be a ..t~ached to this rep~ Date: November 12, ~I~{~4 /t/aylor P. Andrews, Esq. //~;78 West Pomfret Street ~/Carlisle, PA 17013 Phone: 717-243-0123 Capacity: Counsel for personal representatives << \ OFFICIAL USE ONLY COMMONWEIIL TH OF PENNSYL VIINIA REV-1500 INHERITANCE FILE NUMBER DEPARTMENT OF REVENUE DEPT. 280601 HARRISBURG, PA 17128-0601 TAX RETURN RESIDENT DECEDENT 21 02 0626 COUNTY CODE YEAR NUMBER DECEDENT'S NAME (LAST, FIRST, AND MIDDLE INITIAL) SOCIAL SECURITY NUMBER I- Scholten, Annes Frances 054-16-4265 z w DATE OF DEATH (MM-DD-YY) DATE OF BIRTH (MM-DD-YY) THIS MUST BE FILED IN DUPLICATE C W 7/1/2002 6/2/1919 WITH THE REGISTER OF WILLS U W (IF IIPPLlCABLE) SURVIVING SPOUSE'S NAME SOCIAL SECURITY NUMBER C I w txJ 1. Original Return D 2. Supplemental Return o 3. Remainder Return << '::it:U) ~ 4. Limited Estate 0 o 5. Fed. Est. Tax Return Req'd 0""'- 4a. Future interest Compromise w"-o ",00 :iJ 6. Decedent Died Testate o 7. Decedent had Living Trust 0_ 0"-' 8. Total number of SOB's ,,-to "- I 9. Lit'g'tion Proceeds Rec'd n 10. Spousal Poverty Credit n 11. Election to tax wI Sec. 9113(A) << f- iHi!l!.lije_$ijjijlJ@iiMHijiR!iejjl1!U&tjRjj~~i!IIll~ijNilijj&lil!ipi!ijrtftiMitAijN[&ijM#tfbilHtIlUttKKKUi z NAME: COMPLETE MAILING ADDRESS: w 0 Z Taylor P. Andrews, Esq. 0 Taylor P. Andrews, Esq. "- FIRM NAME: <f) w Andrews & Johnson Andrews & Johnson " " TELEPHONE NUMBER 78 W. Pomfret St. 0 0 717 243-ll123 Carlisle, PA 17013 1. Real Estate (Schedule A) (1) $1,500.00 OFFICIAL USE ONLY 2. Stocks and Bonds (Schedule B) (2) $560,166.00 3.Closely Held Corporation, Partnership or SoleMProp. (3) $0.00 4. Mortgages & Notes Receivable (Schedule 0) (4) $0.00 Z 5. Cash, Bank Deposits & Misc. Personal Prop.(Sch.E) (5) $37,134.00 0 1= 6. Jointly Owned Property (Schedule F) (6) $4,757.00 :) D Separate Billing Requested => 7. Inter-Vivos Transfers & Misc. Non-Propate Prop. (7) $100,166 l- e: 8. Total Gross Assets (total lines 1-7) (8) $703,722.95 <( 9. Funeral Expenses & Administration Costs (Sch H) (9) $51,624.59 u w 1 Q. Debts of Decedent, Mortgage liabilities, & Liens (10) $2,122.00 0:: 11. Total Deductions (total lines 9&10) (11) $53,746.59 12. Net Value of Estate (Line 8 minus Line 11) (12) $649,976.36 13. Charitable and Governmental Bequests/See 9113 Trusts for which an election to tax has not been made (13) $2,000.00 14. Net Value Subject to Tax (Line 12 minus Line 13) (14) $647,976.36 SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES z 15. Amnt of Line 14 taxable at the spousal rate, 0 ~ or transfers under Sec.9116(a)(1.2) $0 x.O - (15) $0.00 I- $0 x.045 $0.00 ::J 16. Amount of Line 14 taxable at lineal rate (16) "- :0 17. Amount of Line 14 taxable at sibling rate $414,727 ><.12 (17) $49,767.28 0 $233,249 $34,987.35 u 18. Amount of Line 14 taxable at collateral rate x.15 (18) )( << 19. Tax Due (19) $84,754.63 I- 20 n CHECK HERE IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT ....--...--.....-....,..,.:-:-.-:-:.:.:.:.'".:'.. .-...-....,'.,.:.:-:.:.:.:.".".:.: ..-.'.-,......... W^" .,.:...w.......... ................. ...... ....:.:....,.....,..:.... ....--............... .., ..........-.....;...:...:..;.. .........-...-...'....,:.:.:.;.:.: "':':" :.:.:.:.:.;.:.:,.:.:.;.:.:.:.'.......... \\ ~8 J ",;I(fllg$!:!(!!iiiri:;tl!Iifj!W!MA1JHl!!!~Il11q!il$:lQ!l:I'!!1;JIilIl$!1;:Il!Pi:1ANP:!!ii:~ij!l~KW!:!1il~~,}'i ::::.::;::.::::::::::::;:;:;::::;:~;:;:;:;:;i:::;~:;:~:;;::;:::;: Decedent's Complete Address: SlREE"f ADDRESS 43 Hemlock Circle CITY STATE ZIP Newville PA 17241 Tax Payments and Credits: 1. Tax Due 2. Credits/Payments A. Spousal Poverty Credit B. Prior Payments C. Discounts (1) $6,000.00 $316.00 Total Credits (A+B+C) (2) 3. Interest/Penalty if applicable D. Interest E. Penalty 4. Totallnterest/Pentalty (O+E) If Line 2 is greater than Line 1 + Line 3, enter the difference This is the OVERPAYMENT Check box on Page 1 Line 20 to request a refund (3) (4) 5. Jf Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. A. Enter the interest on the tax due. B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (5) (SA) (56) $84,754.63 $6,316.00 $0.00 $78,438.63 $78,438.63 Make Check AGENT to: REGISTER OF PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS Did decedent make a transfer and yes no a retain the use or income of the property transferred b. retain the right to designate who shall use the property transerred or its income c retain a reversionary interest: or d retain the promise for life of either payments or care? 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 property which contains a beneficiary disignation? D D D D D D ~ ~ ~ ~ ~ ~ ~ D IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct and complete ADDRESS SIGNATURE OF PRE ADDRESS DATE 3 3ll-"3 DATE ~>c-O? For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 3% [72PS Sec. 9116(a)(1.1}(I)] For dates of death on or after January 1, 1 995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0% [72 P,S, Sec. 9116{a)(1.1)(ii}] The statute does not exempt a transler to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary For dates of death on or after July 1, 2000 The lax rate imposed on the net value of transfers from a deseased child twenty-one years of age or younger at death to or for the use of a natural parent, an adoptive parent, or a stepparent of the child is 0% [72 PS, Sec, 9116(a)(1.2)] The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4,5%, except as noted in 72 P.S. Sec. 9116(1,2) [72 PS 5ec,9116(a)(1) The tax rate imposed on Ihe nel value of transfers 10 or for the use of the decedent's siblings is 12% [72 PS, Sec9116(a)(1.3)] A sibling is defined, under Section 9102, as an individual who has alleast one parent in common with the decedent, whether by blood or adoption SCHEDULE A REAL ESTATE ESTATE OF FILE NUMBER Scholten, Agnes Frances 21-02-0626 (Property jointly-owned with Right of Survivorship must be disclosed on Scheduk V) Nl real estate :;hould be reported at fair market value with is defined as the price at which property would be exchanged between a willing buyer and a willing seller, neither being compelled to sell, both having reasonable knowledge of the relevant facts. ITEM NUMBER DESCRIPTION VALUE AT DATE OF DEATH Timeshare at Tanglewood Lakes, Inc Week 40, Fairway unit 301 $1,500 TOTAL (also on line I, Recapitulation) $1,500.00 SCHEDULE B STOCKS AND BONDS FILE NUMBER ESTATE OF Scholten, Agnes Frances (All property jointly-owned with Right of Survivorship must be disclosed on Schedule F) ITEM DESCRIPTION NUMBER 21-02-0626 VALUE AT DATE OF DEATH 1 2 3 4 5 6 7 8 9 Morgan Stanley investment account 317 011170 030 Waddell & Reed account 10115038 American Express account 0469 3223 2 001 Lord Abbett account 97542792 John Hancock Funds account 60-432978 Scana Corporation account 908.789 shrs @ $30.762 see attached for detail see attached for detail see attached for detail see attached for detail see attached for detail $376,150 $82,599 $9,271 $49,251 $14,939 $27,956 TOTAL (also on line 2, Recapitulation) $560,166 SCHEDULE B ESTATE OF STOCKS AND BONDS [Supplemental sheet for detail] FILE NUMBER Scholten, Agnes Frances MORGAN STANLEY ACCOUNT: /\;[oney Alarkel: Active asset Govt See Tr Afanaged Future: 5 DW Diversified Fund i\1utual Funds: 1230.451 Morgan Stanley Dividend Grwth 927.891 Morgan Stanley Tax-Exempt 576.536 American IllY. Co of America 8377.232 Evergreen Muni Bond A 4414.46 Evergreen Muni Bond B 1252.732 Evergreen Adj Rate A 2769.732 Davis New York Venture 5,'ecuritie~'-. 475 Cytec Industries 400 NisoUfce 140 Wyeth 450 JP Morgan Chase 75 Microsoft Corp 744 DTE Energy Co. 34 Zimmer Holdings, Inc 142 Bristol Myers Squbb 1350 MFS Intermediate Jncome Tr 300 Pepsico Bond: 5000 Cumberland Muni Auth 6% WADDELL & REED ACCOUNT: Mutual Fund. 16,960.81 WR Advisors Core Investment A (621) 21-02-0626 $1l,543 $1,453.00 DIVBX $41.97 TAXDX $11.65 AIVSX $25.72 EKEAX $7.20 EXEBX $7.20 ESAAX $9.68 NYVBX $21.67 CYT $31.87 NI $21.72 WYE $49.94 JPM $3136 MSFT $52.66 DTE $43.98 ZMH $34.90 BMY $25.79 MIN $7.22 PEP $49.02 DH889 $99.63 SubTotal: $7,265 $51,642 $10,810 $14,829 $60,316 $31,784 $12,126 $60,020 $15,138 $8,688 $6,992 $14,112 $3,950 $32,721 $1,187 $3,662 $9,747 $14,706 $4,913 $376,150 $4.87 $82,599 AMERICAN EXPRESS: Mutual Fund: 2100.685 AXP High Yield Tax-Exempt Fund Class A accrued divident LORD ABBETT: Mutual Fund: 3,940.JO Affiliated Fund A 11-97542792 JOHN HANCOCK FUNDS: Mutual Fund: 1,876.80 Small Cap Growth A 60-432978 $4.41 $9,264 $7 $9,271 $12.50 $49,251 $7.96 $14,939 SCHEDULE E CASH, BANK DEPOSITS AND MISCELLANIOUS PERSONAL PROPERTY ESTATE OF FILE NUMBER Scholten, Agnes Frances (All property jointly-owned with Right of Survivorship must be disclosed on Schedule F) ITEM DESCRIPTION NUMBER 21-02-0626 VALUE AT DATE OF DEATH F&M Trust money mg! account 70-31971 $7,886.00 2 Furnishings shipped to Alabama to Janet Hannon - see attached $20,117.00 3 Remaining furnishings - see IBIS appraisal attached $5,566.00 4 1995 Oldsmobile cutlas sierra SL, 27,430 miles $3,145.00 5 Ring wi 2 pearls - as per appraisal of mason jewelers $420.00 6 7 TOTAL (also on line 5, Recapitulation) $37,134.00 RE: FRANCES SCHOLTEN DATE OF DEATH 7-1-2002 ACCOUNT INFORMATION ~CHECKING SAFE DEPOSIT SAVINGS ___CERTIFICATE OF DEPOSIT SHARES OF STOCK NAME(S) ON ACCOUNT FRANCES SCHOLTEN ACCOUNT INFORMATION CHECKING SAFE DEPOSIT SAVINGS ____CERTIFICATE OF DEPOSIT SHARES OF STOCK DATE OPENED DATE CLOSED ACCOUNT NUMBER ACCOUNT BALANCE AT DATE OF DEATH ACCRUED INTEREST TOTAL ACCOUNT BALANCE NAME(S) ON ACCOUNT . ~~ INTERNATIONAL SOCIETY OF APPRAISERS ij?~~~/'_'"''''.''''' MtMlE1. . INVESTMENT APPRAISALS 319 Morning View Drive . Harvest, Alabama 35749 . 256-851-9293 December 3, 200 1 Estate Appraisal Francis Scholten In care of Mrs. Janet Harmon 816 Eldorado Huntsville, AL 35802 Dear Mr. and Mrs. Harmon: As you requested in Fall, 2002, I conducted an appraisal of your personal property located at the above address. My appraisal report covering those items you wanted appraised is attached. The value conclusions are effective as of the date and represent my opinion as to the retail value of each item or grouping of items. This appraisal report is to be used only for insurance purposes. In summary, the Estate value for the appraised items totals $20,117.00. This figure does not reflect any additional expenses which might be incurred should the items need to be replaced, such as sales tax, buyer's fee or shipping charges. You might wish to take these factors into consideration when determining your estate needs. I regard all information concerning this appraisal as confidential. I retain a copy of this document along with my original noles, and I will not allow others to have access to these reports without your written permission. This appraisal has been prepared in conformity with and is subject to the standards and requirements set forth in the Code of Ethics and Personal Conduct of the International Society of Appraisers, Inc. In addition, this report has been prepared in accordance with The Appraisal Foundation's Uniform Standard of Professional Appraisal Practice (USP AP). Any departure from these standards, the reasons for such departure, and its impact on the appraiser's value conclusions were discussed with you in advance and are noted in this report. Any conditions limiting my ability to conduct this appraisal assignment in a complete and professional manner are noted within the attached report. This letter is not an appraisal, but only a means with which to transmit the attached appraisal report to you. Please call if I can be of further assistance with your appraisal needs. 4L~ Stephen R. Hewitt, lSA . Estate Appraisal Frances Scholten In care of Janet Hannon 8 I 6 Eldorado Ave. Huntsville, AL 35802 00 I Washstand--Pine 19th. century washstand formerly painted. A curved top of a splash with turned under ears, sits over a plain one board top with sloping sides to complete the top. One drawer with the original pull on it sits over simply turned legs with a lower shelf terminating in simple turned feet. The feet are indicative of the Mid Atlantic seaboard states. 17" x 13.25" x 27.5". Value: $500.00 It would be twice this much if not stripped. 002 Chinese Carving--Bone carving of a Chinese woman with an open work headress on a teak stand. 1900 - 1930. One chip with moderate carving. 8.5" tall. Value: $95.00 003 Steel Engraving--An English steel engraving of a child with flowers reclining on a cushion. The piece has some hand coloring and is mid 19th. century. The frame is rosewood with a gilt liner. 8" x 4.75". Value: $150.00 004 Dutch Sampler--A Dutch sampler showing the town hall in Middleberg, The Netherlands. The sampler is dated 1764 with the town hall showing its windows, 27 in number and the roof with a double eagle in the center over the hall and florals in flowers and trees beside the eagles. There is a cross above the eagles. The sampler is surrounded with florals. Colors are vibrant, no damage but a darkening in color of the basic linen or cotton. The embroidery appears to be cotton or silk. Newly framed. 19.5" x 18.5". Value: $3500.00 005 Crib--A cherry 19th. cherry crib with original mattress, pillow, quilt, and cradle. The cherry bonnet top is hand dovetailed in three arched pieces, with decorative stiles on the sides going to the bottom of the cradle sitting on rockers. One rocker has a chipped end. The pillow is hand sewn in cotton, with a mattress hand made with mattress ticking, covered with a hand sewn quilt dated 1844. The quilt is in good shape except where it has faded when covering the mattress. The quilt is 12" by 13". It is in squares and white and pink. The cradle is 5.5"W x 9"H x 13.5"L. Rockers are 8.5" wide. Condition is good with some glueing needed. Value: $900.00 006 Hutch-- Thomasville by Wells Valley, solid cherry and relatively new. An ogee cornice sits over two glass drawers holding a shelf with tongue and groove back held with styled brackets over a base with three drawers over three panel doors over one bottom drawer on block front legs on the front and back. 48.5" x 35" x 6'2"H. Value: $1800.00 007 Walnut Rocker-- Victorian, 1860-1880, solid walnut with a floral crest over a curved cane back with wide arms turning down to a caned seat that is oval as well, over turned spindle supports on the front and plain ones on the side, over walnut rockers. Finish is good. Cane is showing damage. 35.5"H x 19.5"W x 18.5"D. Value: $495.00 008 Sheraton Ladies Writing Desk--A flat mahogany top with string inlay sits over a matched mahogany crotch grain frieze. This is over two tambour doors, pieces of wood glued on canvas, that open and close to reveal a fitted interior of two drawers with inlay over three open slots for letters. This matches on the other side. The center door has a string inlay and a floral and fruit inlay on the center of the door. The drop front writing surface is next with two pull out supports over three graduated drawers with original brass pulls. There is string inlay on the drawers with matched crotch grain mahogany facings. The stiles has tapering inlay ending in Hepplewhite legs with cross banding on the ankles. The piece originally had rollers. The secondary wood is yellow pine and poplar. The finish is good, but not original. The piece seems original except the back of the upper half has been changed out after the piece was made, as it doesn't match. Overall condition is very good. 1800 to 1820. Value:$4500.00 009 Sterling by Towle, Pattern is Chippendale, 1937. Dinner knives #8 at 2.5t. 30.00/ $240.00 Dinner Forks #8 at 1.75t. 28/ $224.00 Cream Soup Spoons #6 at LOt. 20/ $120.00 Salad Forks #9 at 1.0t.25/ $225.00 Teaspoons #6 at LOt. 18/ $108.00 Butter Spreaders #8 at 1.25t. 25/ $200.00 " . PI, Pie Servers 2 at 3t. 45/ $90.00 Larger Pie Server $125.00 Aspic Server I at 2t. $45.00 Tomato Server I at It. $50.00 Teaspoons, #6, beaded edge with round bowls, initials@.75t. $150.00 Teaspoons #8 at .75t. Gothic pattern, initials, oval panels and stars. $200.00 Demitasse Spoons #12 Pattern lined stem over a panel with 2 medallions. $195.00 Value: $1972.00 010 Chest--Oak or Ash chest with an extended top, pieced where the splash once was, over panel sides framed, over three graduated droors with lining and ompressed floral decoration. The capitals are impressed with florals with lined stiles, over a block foot. The base is flat across the skirt. original pulls, refinished, white, glass rollers, some staining on top. 18.5" x 39S'W x 34"H. Very good condition. 1880's Value: $850.00 OIl Cherry Rope Bed-- A turned spindle crest sits over an arched headboard with turned finials, turned columns with holes for the ropes, on turned feet and pad feet. Solid cherry. Original finish, original sideboards with metal brackets for the mattress. Great shape. 49.5"W x 40"T x 7p"L. 1825 to 1850. Value: $1500.00 012 Work Table--Late Empire Work Table, a drop leaf mahogany top sits over two drawers, one with an ogee front, and the second with a flat front. The fronts have crotch matched mahogany veneer. The legs have turned capitals over a square leg, terminating in a turned leg with a small turned pad foot. Secondary wood is poplar. 18.5" x 20"0 x 43"W with sides up. It has an 8.5" skirt on the back. Good condition. Old finish. Value: $850.00 013 Chinese Earthenware Vase--A triangular vase with a triangular top with notched corners at the top of each line dividing the four panels. The neck sweeps down to the paneled sides. It holds rC\lessed panels with 2 large Chinese characters. All four sides terminate in a small base with notched comers. The bottom of the vase is signed with three characters. An earthenware vase could mean the piC\le came from the rura1 areas not a large city pottery makeI, The vase has a letter, June 1933, stating that it was given to a tinnily member in 1900. At the time, the story says it was supposed to be 300 years old. My search with the characters, and the type of earthenware, and the glaze seems consistent with a 19th. century piece. The value given is for this date. Further study with an expert in Chinese pottery might be needed. No damage, excellent condition. Value: $350.00 014 Wooden figures depicting everyday life in China-- These pieces were bought at the same time as the vase above by a family member who was a missionary in China. The wood is unfinished, with minor breaks and a few missing pieces off certain ones. These were exhibited in a museum and the original labels are here. Family of 'I eating at a table-- 5" x 4" x 3.5".There are 3 seated people being served by another. Each has a different facial expressions, the stools are accurate for lacquer ones of the period. There are individual bowls, tea pot~, and food items on the table. Items are attached by a cut nail from the bottom. Clean finish, no damage. Value: $300.00 #2 OITTo The Rice Patty--A water buffalo carved with stippling on his side, is carrying a man off to the field. He is followed by a man carrying a plow looking back and talking to another carrying tea. Again there is fine detail on the faces and hair. 4" x 9" x 2". One foot of the back man is broken. Value: $225.00 #3 Opium Bed--Man and woman lying on a bed with a small table smoking opium, each having specific features on their faces. 2" x 4". Value: $165.00 #4 Woman walking with an umbrella--A lady is walking on a small pedestal holding an umbrella and her left arm behind her arm. 4". Value: $95.00 #5 Man carrying two weights-- The wood here is darker, and the carving more detailed. He is balancing two weights, a box held with string and a drinking vesseI.4.5". Value: $165.00 #6 Woman Spinning Thread--Wool on the table, and a spinning device. The table sits on a platform. No damage.4" by 4", Value: $135.00 #7 Four Torture devices-- Two soldiers cutting a man in half with a metal saw. The man is held between two boards with his feet tied. No damage Value: $195.00 One man walking around with a head block with Chinese characters showing anguish on his face. No damage. Value: $145.00 A soldier decapitating a man over a wood stoo\. The decapitating device is blue and red blood in running down the back of the victim. Value: $175.00 Another decapitation-- Two figures, one holding the third, the victim by the blue hair. Some damage. Value: $95.00 Items in #7 showing torture are unusual and rather rare to see. They tell an interesting point about the culture even up to 1900. #8 Man pushing a cart --Two men are riding on a rickshaw with packages being pushed by another. The packages are various sizes with ties, and having different textures. Value: $265.00 119 Two ltI<ln pulling an aristocrat with buttons on his chest holding a child. The rickshaw is beautifully carved with a paneled roof. The elaborate dress ofthe passenger, indicates his or her rank. One wheel offbut can be put back. Value: $225.00 #10 Four miscellaneous characters. One man carrying two packages on a stick $75.00 One man fishing, broken arm $50.00 Another man carrying a hand painted sign in ink. 2" x 3". $95.00 Value: $220.00 # 15 Rose Mandarin Sweetmeat Dish..Pink florals with birds decorate a triangular dish with a glaze in a muted green. Mid 19th century. One under rim chip. Value: $250.00 . APPRAISAL REPORT OF PERSONAL PROPERTY OF Agnes Frances Scholten Estate d.o.d. July 01. 2002 43 Hemlock Circle Newville, PA 17241 for: Taylor Andrews. Esq. 78 W. Pomfret St. Carlisle, PA 17013 & Elaine Scholten-Stephan. Executrix 61 Spruce St. Newville, P A 17241 AS OF: July 19,2002 BY: IBIS APPRAISAL SERVICES P.O. BOX 21 CARLISLE, PA 17013 (717) 243-3474 fax (717) 258-9502 Ibisas@earthlink..net APPRAISAL CER TIFICA TE I hereby certify that, upon the request for the appraisal of the personal property of Agnes Frances Scholten (deceased), 43 Hemlock Circle, Newville, P A 17241, I have personally and physically inspected the listed personal property. The personal property was appraised to determine the FAIR MARKET VALUE, AS OF July 19, 2002. The date of inspection was July 18,2002. The information and values contained in this report are based upon my experience as an appraiser and other reliable sources. The personal property was found to be in GOOD condition, unless otherwise noted. Values are reported piece-by-piece, and/or as a whole. All values reported have been determined with consideration to the condition of the item, market conditions, and salability factors. IBIS APPRAISAL SERVICES ;- . Lon , .A.P.P. 2 APPRAISAL SUMMARY It is in my opinion, that, as of this 19th day of July, 2002, the Fair Market Value of the personal property of Agnes Frances Scholten: (Four Thousand and Seven Hundred Dollars and Zero Cents) ($4,700.00) IBIS APPRAISAL SERVICES --~'~~ ~~ --------- Alyssa L. ney;fc~A..p.p. The report must be read in its entirety. The Appraisal Summary ONL Y is not the appraisal report. 3 Location Location 2 3 4 5 Personal Property Listing 61 S ruce St. Newville, PA 17241 Diamond Ring. Diamond (I/2-carat) solitaire ring in gold scroll setting. Size 4 1/2 band with an added band sizer. Original ring box still with ring. Ring box states, "T.W. Morrison 59 Water St. Newburgh, NY". Corresponding Digital Photograph File: ring.JPG 43 Hemlock Circle, Newville, P A 17241 Secretary. Chippendale-style walnut secretary. Measures 73 112" tall, 41 314" wide, 21" deep. The secretary has two doors over desk portion over four drawers. Desk portion includes three drawers over ten pigeonholes over five drawers. Writing-surfuce, pull-down door is cracked in two places and the hinges are no longer attached. Damage exists to most of the edges and the feet. Secretary is dovetailed. Corres ndin Di ital Photo h File: sec1-sec2.JPG Candelabra Set. Set of matching gilded metal and marble candleholders including one three-armed candelabrum and two single candleholders. No mark was found on the pieces. The three-armed candelabrum has two scalloped swirled glass bobeches. Each arm has ten acanthus leaf motiIs holding ten prisms. The three- arm candelabrum measures 12 3/4" tall and 12" wide. The single candleholders both have scalloped swirled glass bobeches. Each hold has ten acanthus leaf motifS holding ten prisms. The single holders measure with the bobeches 12" taIL without the bobeches II" tall. AU of the prisms match for all pieces. The prisms are comprised of two pieces. The smaller prism measures I" by 314". The larger prism measures 4 3/4" by 5/8". Corres ndin Di ital Photo h File: candlel-cand/e3.JPG Grandfuther Clock. Contemporary Howard Miller Tempus Fugit cherry grandfuther clock. Measures 75 1/2" tall, 16" wide, 10" deep. Marked on the back, "Howard Miller Zeeland, MI49464 Made in USA 94cm/66 451-050H". Barcode also on back of clock. Model number of the clock is 610-502. Corresponding Digital Photograph File: clockl-clock4.JPG Doll. Armand Marseille doll named Florodora. Produced around 1894. Bisque head with composition body. Doll measures 26" long, arms measure 8 1/2" long, and legs measure II". Head measures approximately 6 1/2" long and 4 1/2" wide. Head is marked, "3900. D.R.G.M. 246 10". Doll does bave sleep eyes, open mouth teeth, and a dimple in the chin. Arms are jointed at shoulder, elbow, and wrist. Legs are jointed at hip and knee. Doll has had professional restoration. Dress not original. Damage to arms and legs. Corres ndin Di ital Photo r h File: doll1-doIlS.JPG TOTAL $1,500.00 $800.00 $150.00 $1,500.00 $750.00 $4,700.00 5 APPRAISAL SUMMARY (COPY) It is in my opinion, that, as of this 19th day ofJuly, 2002, the Fair Market Value ofthe personal property of Agnes Frances Scholten: (Four Thousand and Seven Hundred Dollars and Zero Cents) ($4,700.00) IBIS APPRAISAL SERVICES ~~-~---- The report must he read in its entirety. The Appraisal Summary ONLY is not the appraisal report. 6 '~,;!~~~"~t;:_~~.:~ittl~~:~_J'l;-",,'~*'-l~~"'aw:~ii'W't:.fW(~~~-;! ~:';~"'~:M_'" ~""'~"'1~"'.'.:9 .,: .':.......,.,.. ..._,,~,.-~,...-. ./ -'l/}/Y.-:,v/14 "..y~iA/' 'r!'0\:> , , ROWE'S AUCTION SERVICE (RH79L) Bill Rowe (AU 1538L) Ben Rowe (AU l092L) 2505 Ritner Highway . Carlisle, PA 249-2677 697-4794 249-1978 Bob Rowe (AU 2276L) Dave Rowe (AU 2295L) Auction Is Action Call "Rowe" For Satisfaction ;14{~ OTHER AUCTION DATE/LOCATlON-v::J,.S vti) DESCRIPTION OF MERCHANDISE '-~ i ''; f. c ~ \'S.\A ~ ~ / (\leA fQ...~ -L l" ~.. -(-<-"-<.1.... N'J.> c; .....'" ""1 " ~Or ~l(-( q,.-f \c)O.d:Q~^n l-t,A.",-._L ~ --.....~. ~ ~"" L\ \~\~.... ~ "1'\ (\ 1,',rJ'\,'-'\ ''''''' \' " ("l- 71"(.. s; 15(f)\4-c,i:, "~~\'J-1'I. C_ C) f:) , f9(t..(._~qJ( {)::~.n,~ ,~. ~ ~ %\",,-('l1' ~ ('J.~~"':: 2- \"" ~ v.~ ')'~~ ~ )' -v:.-- :2 ~~",-"" \.i"'<;<;~5 ~; '9<<'> . ~rh/ \li( ~>r" ' . - v- , .liA 0 ~_l"d l ~.'".i-t- l ~". ~ \j ~..- ~ .....~.c.." ~ ~ .o. ~ ':) {l.c - k--d. y.. _ on.... 00 "'-~-bs(. tQ..<A. ~. :::> ,\00-1 v~ =;1 (~' ~ (bQ~ L--t- J1'~- \1<.( '.' ,,\ ~'1;1t ~u..l ~~7 I/~C''''''''' J \/'\\\ ~c I Commission the Auctionee~s to sell the merchandise to the highest bidder by Public Auction. Merchandise to be sold as is & grouped as necessary to obtain bids. l certify that I am the owner or authorized represen- tative of the merchandise, goods and or property and have good title and the right to sell and that they are free from all incumbrances. I agree to accept all responsibility for providing merchantable title and for delivery of title to the purchaser. I agree to hold harmless the Auctioneers against any claims of the nature referred to in this agreement. ... . i I DATE 7/L3 / ('J) , . PHONE '77/_- .;.{. L~ <.... U L/ /" -, AUCTIONEER % .:... .":. (-Ivh ( / CLl'1RK % (U r-.. 'C) "~ . \.- -...."" AUCTION SIGNATURE 'i . . ) (."'1..1, )I""".... .~ /7'$ / / P'..;/:;;I-;, A-'J1. SELLER~SIG~ATURE T~l Sales (Clerking Tickets Attached) $ ~(~l.. {TO -.., Less Sale Expense: I . "7-'-. '7 -; '7 '% Commission Auctioneer $ ! p % Commission Clerks $ 363. oQ OTHER: ~ TOTAL SALE EXPENSE DEDUCTED $ SELLERS NET $ '. ., /;, \ '-, "-> ,.,=3,0'-" (--'=-~~:)..~ { ~ ) --.~--~ ~......._\, ",.' -AUCT~N'~~ATURE SELLERS SIGNATURE . &elley Blue Book Used Car Values _ .KeIIeJ' Blue Book . 11ft 'Trusted Baoulft .... . ----.... New tar Pricing ; Build a Car 1 InCMtiVQ ~ My C;;;.;v~;;;<<! '::::i:~~/.1;~:,~Oldsmobile Ciera SL Sedan 40 ~'.11 ,(;:;'::o'< Blue Book Private Party Report Pennsylvania. November 7, 2002 Buy a New Car Buv a Used Car Lisi,;Y?~r Car For Sale Online Free Lemon Check Auto Loans As Low As 4.50% APR Insurance Quote Warranty Quote Print "For Sale" Sian Payment Calculator nfj' ~'~ ;,.' ln~u.~ ! Lemon Oteck ; Warranties ~ ~es~ , C~'.-a;:;j;;;.1 o.r Pr$Vi,W$ ~ DOO~ GuidoII..1 Advice) , WM'W.WM~_~'~'''<- About kbb 1 Knme~ Engine: V6 3.1 Liter Trans: Automatic Drive: Front Wheel Drive Mileage: 27,430 Equipment Air Conditioning Power Steering Power Door Locks Tilt Wheel AM/FM Stereo ABS (4-Wheel) Consumer Rated Condition: Good "Good" condition means that the vehicle is free of any major defects. The paint, body and interior have only minor (if any) blemishes, and there are no major mechanical problems. In states where rust is a problem, this should be very minimal, and a deduction should be made to correct it. The tires match and have substantial tread wear left. A clean title history is assumed. A "good" vehicle will need some reconditioning to be sold at retail; however major reconditioning should be deducted from the value. Most recent model cars owned by consumers fall into this category. Private Party Value $3,145 Private Party value represents what you might expect to pay for a used car when purchasing from a private party. It may also represent the value you might expect to receive when selling your own used car to another private part . Get a Used Car TradeMln Value Get Invoice & MSRP on New Cars Get a Person to Person Auto Loan ~~~~~-~~~~~~-~,-~--~ Copyright @ 2002 by Kelley Blue Book Co., All Rights Reserved. Nov-Dee 2002 Edition. The information in this report was printed from the Kelley Blue Book Web site (www.kbb.com) and is intended for the personal use of the customer only and may not be sold or Page 1 of2 I I , I I 1 " . JEWELRY APPRAISAL /&~~ ~~ASO'I~f(e/~ EUabli,b,. '9l3 11/26/2002 DATE Name .Janet Harmon Add'ess 816 Eldorado Ave. City Huntsville AL 35802 Zip Code State DESCRIPTION $ One lady's yellow gold cultured pearl ring. The ring consists of two (2) round cultured pearls which measure approxiamtely 7 millimeters in diameter prong set in a yellow gold mounting. The pearls have a white body color with a slight rose overtone, a moderate orient with a good luster and are lightly blemished with a thin nacre thickness. The pearls are well matched. The yellow gold mounting is stamped "14K". Estimated Replacement Value 420. 0 Sub Total $ Sales Tax $ TOTAL $ .,>n hn 'n~o .~~ '- INSTRUMENTS USED POlariscope D.amond Master Masler Stones Gemolite (Binocular DarK Field llIum.) Leveridge Gauge (Micrometer) Ol8mondHte {Color Grading) P'oportionscope D;amond Balance L0ng/Short Wave Ultra Violet Illuminator BY f'hy" ?. gc.Ad-V TITLE GRAD lJA TE GEMOtbGJST Refractometer Thermal Reaction Tester Pen Light Emeralej Filter DichrosGope Heavy Liquids Spectroscope Photographic Equipment Metal Tester Gemprinl G1 STONE DESCRIPTION. PAGE TWO o PLOTTING DIAGRAMS. PAGE TWO IZl GRADING SCALES. PAGE TWO o PHOTOGRAPHS ENCLOSED. No. IZl GRADED WHILE MOUNTED - (See Page 3 Par. 5) PAGE ONE SCHEDULE F JOINTLY-OWNED PROPERTY ESTATE OF FILE NUMBER Scholten, Agnes Frances Toint Tenant (s)" NAME 21-02-0626 ADDRESS RELATIONSHIP TO DECEDENT A B C Frances Scholten E. S. Stephan R. S. Gainsborg 43 Hemlock Circle, Newville, P A 17241 61 Spruce Circle, Newville, P A 17241 8 VanGogh Ct., Ewing, NJ. 08618 decedent sister sister Jointlv-owned propertv: ITEM LETTER DATE DESCRIPTION OF TOTAL DECD'S DOLLAR VALUE OF NUMBER FOR MADE PROPERTY VALUE % INT. DECEDENT'S JOINT JOINT OF ASSET INTEREST TENANT I A,B,C 05-Apr-74 Paragon FCU - account 9771 $14,271 0.33 $4,757 TOTAL (also on line 6, Recapitulation) $4,757 ~ .. 'W'~.. - - PARAGON October 4, 2002 1'l",llF,jC\L \'RK\\H l:~;l(}_" Andrews and Johnson Attorneys at Law 78 West Porufret Street Calisle, PA 17013 Dear Taylor P. Andrews, As per your request below is the infol1nation on Frances Scholten; 1. Accollllt Type; Savings Account Checking Accollllt 2. Accollllt Number; Savings Accollllt Number 9771-00 Checking Account Number 9771-15 3. Names and/or designation: Frances Scholten E S. Stephan R S Gainsborg 4. Date made joint: AprilS, 1974 5. Balances as of date of death: Savings Account: $11 ,287.17 Checking Account: $2983.92 Please forward a original death certificate, Affidavit of Domicile (notarized), and Tax Waiver. If you have any questions, please feel free to contact me at 201-358-6666 ext 281. Thank you. Sincerely, .' 'l;tr~ J nnifer Flood Special Services Manager 370 Pascack Road. Township of Was.hington . New Jersey 07676 201-358-6666.800-222-8877. Fax 201-358-6446 staff@paragonfcu.org SCHEDULE G T ANSFERS ESTATE OF FILE NUMBER Scholten, Agnes Frances 21-02-0626 This schedule to be completed and filed if the answer of the question on the reverse of the cover is yes. ITEM DESCRIPTION EXCLUSION TOTAL VALUE DECD.% DOLLAR VALUE NUMBER OF ASSET INT OF DECD. INT I MetLife annuity: M3139505 0 $12,270 100.0% $12,270 2 MetlLife annuity 070545169AB 0 $59,281 100.0% $59,281 3 MetlLife annuity 080249582AB 0 $9,565 100.0% $9,565 4 MetLife annuity: Cll14792 0 $7,654 100.0% $7,654 formerly Capital Life Insurance Co 5 MelLife annuity: C1l19254 0 $8,144 100.0% $8,144 formerly Capital Life Insurance Co 6 American General Life Insurance Co 0 $3,252 100.0% $3,252 Policy 05582050 Owner of policy on life of Richard E. Gainsburg Contingent owner: Edward R Gainsborg, Jr. TOTAL (also on line 7, Recapitulation) $100,166 Metropolitan Life Insurance Company MetLile Customer Service Center - Tulsa 12902 Easl51st Street. PO Box 22069 Tulsa, OK 74121-2069 ~ MetLife September 30, 2002 ELAINE STEPHAN 61 SPRUCE CIRCLE NEWVILLE PA 17241 RE: Contract#: 070 545 169 AS, M3139505 Deceased: Frances Scholten Dear Ms Stephan This is in response to a telephone call received September 23, 2002 from attorney Taylor Andrews. At that time Mr Andrews advised us of your sister's death and requested we send you additional information. The above annuity contracts list the beneficiaries as Rosalind Gainsborg and yourself. In order to proceed with the settlement we will require a set of the enclosed claim forms completed by each of you. In addition we will also require an original certified death certificate. t/cVt / Contract# M3139505 is non-qualified and all monies in excess of the cost basis are considered taxable in the year received. The cost basis of the contract is $0.00. The date of death value on July 1, 2002 was ~ $12.270.19. Contract# 070 545 169 AS is also non-qualified and all monies in excess of the cost basis are considered taxable in the year received. The cost basis of the contract is $9,500.09. The date of death value on July 1, 2002 was $59,280.95. We will pay the value on the day we receive your claim in good order. The death benefit of each contract will be divided equally between Rosalind and yourself. Contract# 080 235 375 AS was not taken by your sister and no monies were applied. Therefore, there is no death benefit on this contract. ContractU 080 249 582 AB is a different annuity product and was referred to our Denver Colorado office for handling. You will be receiving correspondence from them shortly regarding this contract. If you have any questions, please feel free to call our toll free number, 1- 800-638-7732. One of our Customer Service Representatives will be happy to assist you. N; Diane Kosechata, ACS, ALHC Senior Claim Approver Annuity Administrative Operations 918-252-8864 MetLife Please send al! colTespondence to the below address or your Finandal Setvice Representative: BRADFORD MARY Metli!e :)~/7~~ gU'6Z Telephone 1(800)492-3;53 P.O. Box 46516 Denver, CO 80201-6516 Telephone: 1(800) 560-5001 et {Lt.-.!~ w ACCOUNT STATEMENT Please retain this sfiltement for your records GROWTH PLUS ACCOUNT@ A FIXED ANNUITY STATEMENT PERIOD 04/01/02 - 06/30/02 --- - --- - = FRANCES SCHOLTEN FRANCES SCHOLTEN 43 HEMLOCK CIRCLE NEWVILLE, PA 17241-9482 1".111."1"1,1,1,.1,,.111,1...1..11,,1,,,1,1.1..1..11,,1,1,1 023-1749 .)~\%%__,~~~.'.~~"::~'.jff$t)\~: ~~il_~~tR~ 0825158 02/06/1992 YOUR ACCOUNT ACTIVITY DURING TI-IlS SIAHMl:NT rl:RIOD ! OATE CONTRIBUTIONS n'l" CREDITED IN1ERE$T EARNINGS \ INTERESTIlATE iON TOTAL ACCOUNT i I WITHDRAWALS I 04/01/02 CHARGES ! OPENING BALANCE 59,454.54 5110.46 I , , 06/30/02 ENDING BALANCE 5110.46 i I 06/30/02 59,565.00 I Contract currently active on the MDS Program Keep in touch with your retirement virtually any time of day or night. Register for eService intemet account access at eservice.metlife.com. 6426A112'023-1749 Page 1 1111111111111111111111111111111111 18000222693 (0890) Printed in [l.S.A. MetLifelnvestors November 29, 2002 Taylor P Andrews Attorney at Law 78 West Pomfret St Carlisle PA 17013-3216 RE: Contract Number(s): C1114792, C1119254 Dear Mr Andrews: Thank you for your recent request regarding the above referenced contracts owned by Francis Scholten. Our records indicate the account value on the date of death as follows: Date of Death: 07/01/2002 Account Values: C1114792= $7,654.36 C1119254= $8,144.47 If you have any questions regarding the above please contact an Annuity Service Representative at 1-800-284-4536. Our staff will gladly help you between the hours of 7:30 a.m. and 5:30 p.m., Central Time, Monday through Thursday and 7:30 a.m. to 5:00 p.m. on Friday. Sincerely '/I(~ Marilyn C Hall Annuity Policy Service Department Please Send All Correspondence To: I' ( Ii. ", 1.,1 ',(;:~ l':,) '!C:JC:i> ';' Metlife Investors USA Insurance Company For Express Mail Only: '1,/(':( P",II<\V:]\j ."~.Wl 1'1', e/';'i):JiM ,1\ ,\'".,,1,1(':'. !.'\ ')n::)/,,~,: 71 H MetLifelnvestorS' October 1 , 2002 Mr. Taylor P. Andrews Andrews & Johnson Attorney's at Law 78 West Pomfert Street Carlisle, PA 17013 RE: Policy Number: Owner/Annuitant: Beneficiary(ies) : Capitol Life Insurance Company C1119254 Frances Scholten Elaine S. Stephan Rosalind S. Gainsburg Dear Mr. Andrews: We are sorry to learn of the death of Frances Scholten. The following information will be helpful in settling the claim on this annuity policy. This policy was applied to provide guaranteed annuity income under 1 annuity option(s) as follows: . Life Annuity With Payments Certain with monthly payments of $193.43 beginning on September 1, 1986 with final payment due on August 1, 2006 The beneficiaries are entitled to the remaining annuity payments, to be payable throughout the designated period as was originally elected by the annuitant. These payments must continue and cannot be surrendered for a lump sum. Because the policy is a legal document, certain forms need to be completed and returned before settlement of the claim can be processed. listed below are the requirements to settle this claim. 1. A certified copy of the death certificate. 2. The Policy Claims Settlement Form. Please complete sections A, B-6, and E in reference to this claim. Please be sure to include a tax withholding election. 3. Please submit payment totaling $460.29, this represents the checks for August to October 2002. This will be returned to the beneficiaries upon settlement of claim. This exchange is to ensure proper tax reporting. If you have any questions, please call me toll-free at 800-284-4536 extension 4187. Sincerely, ~~ Address replies to: P.O. Box 14593 Des Moines, IA 50306.3593 DC1 MetLifelnvestors' October 2, 2002 Mr. Taylor P. Andrews Andrews & Johnson Attorney's at Law 78 West Pomfert Street Carlisle, PA 17013 RE: Policy Number: Owner/Annuitant: Beneficiary(ies) : Capitol Life Insurance Company C1114792 Frances Scholten Elaine S. Stephan Rosalind S. Gainsburg Dear Mr. Andrews: We are sorry to learn of the death of Frances Scholten. The following information will be helpful in settling the claim on this annuity policy. This policy was applied to provide guaranteed annuity income under 1 annuity option(s) as follows: . Life Annuity With Payments Certain with monthly payments of $181.79 beginning on September 1, 1986 with final payment due on August 1, 2006 The beneficiary(ies) are entitled to the remaining annuity payments, to be payable throughout the designated period as was originally elected by the annuitant. These payments must continue and cannot be surrendered for a lump sum. Because the policy is a legal document, certain forms need to be completed and returned before settlement of the claim can be processed. Listed below are the requirements to settle this claim. 1. A certified copy of the death certificate. 2. The Policy Claims Settlement Form. Please complete sections A, B-6, and E in reference to this claim. Please be sure to include a tax withholding election. 3. Please submit payment totaling $365.37, this represents the checks for August to October 2002. This will be returned to the beneficiaries upon settlement of claim. This exchange is to ensure proper tax reporting. If you have any questions, please call me toll-free at 800-284-4536 extension 4187. Sincerely, . '--{\~1Jry~cJ~n Address replies to: P.O. Box 14593 Des Moines, IA 50306~3593 DCl m AMERICAN GENERAL In;= Serda 0nI<!r fOr. American General Life Insurance Company March 13, 2003 Taylor P Andrews 78 West Pomfret St Carlisle PA 17013-3216 Contract Number: 05582050 Insured: Richard E Gainsborg Owner: Edward R Gainsborg Jr Dear Taylor P Andrews: We received your request for ownership information on the above referenced contract. It is a pleasure to be of servIce. Our records show that Frances Scholten was the owner of contract number 5582050. Upon her death, on July I, 2002, ownership of the contract automatically passed to the contingent owner, Edward R Gainsborg, Jf. If you have any questions or need additional assistance, please contact your servicing agent: Guie P.F. Lebo The Lebo Group P.O. Box 179 Lebanon, P A 17042 717-274-9193 or our Customer Service Center at 1-800-528-2011. Sincerely, Customer Service Center CC: Guie P.F. Lebo dzs American Genernl Life Insurnnce Company Merrber <fA rrerimn JntenntWrul Group, he P. O. Box 4373 - Houston, TX 77210-4373 - 1.800.528-2011 -1DD service 217.528-3158 _ www.aroe,icangenemcom 137 GUIE PF LEBO From: To: Unt: Subject: <lorU_ balchelder@aig8g.com> <lebog@dejazzd.com> Thursday, March 20, 2003 4:59 PM 5582060 - Richard E. Gainsborg Gui., You contacted. us requesting the value on the above policy as af7/1/02. The .alue was $3,251.53. Should you have addiliOnal questions, pl.... conmct us at 3800 Thank you 3/24/03 SCHEDULE H FUNERAL EXPENSES, ADMINISTRATIVE COSTS AND MISCELLANEOUS EXPENSES ESTATE OF FILE NUMBER Scholten, Agnes Frances (All property iointly~owned with Right of Survivorship must be di~closed on Schedule F) 21-02-0626 c. ITEM DESCRIPTION AMOUNT NUMBER Funeral Expenses: 1 Eggar Funeral Home $1,379.00 2 N eshanic Cemetary $900.00 Administrative Costs: I Personal Representive Commissions $22,500 Social Security Number of Personal Representative: 2 Attorney fees to Andrews & Johuson $22,500 3 Family Exemption Claimant Relationship: Address of Claimant at decedent's death: Street: City: State & Zip 4 Probate Fees to Register of Wills $690 Miscellaneous Expenses: I IBIS appraisals - personalty in P A $150 2 Rowe's Auction House - commission for selling furnishings $303 3 Investment Appraisals - furnishings in Ala $625 4 The Clock Doctor - preparation for shipping $127 5 Tanglewood Resorts, Inc. - annual service fees $495 6 F &M Bank - bank charges $5 7 Andrews & Johnson - notary for anto title transfer $2 8 George W. Weaver & Son - shipping of furnishings $1,898.59 9 Mason Jewelers - appraisal of pearl ring $50.00 10 II 12 13 14 15 16 17 TOTAL (also online 9, Recapitulation) $51,625 A B. SCHEDULE I DEBTS OF DECEDENT MORTGAGE LIABILITIES AND LIENS ESTATE OF FILE NUMBER Scholten, Agnes Frances 21-02-0626 ITEM NUMBER DESCRIPTION AMOUNT Flcet Credit Card service $88 2 Verizon $40 3 Deborah W. Piper, tax collector $11 4 Swaim Health Center $967 5 Swaim Health Center $1,016 TOTAL (also on line 10, Recapitulation) $2,122 SCHEDULEJ BENEFICIARIES ESTATE OF FILE NUMBER Scholten, Agnes Frances 21-02-0626 ITEM NAME AND ADDRESS OF BENEFICIARY RELATIONSHIP AMOUNT OR SHARE NUMBER OF ESTATE See attached sheet for addresses: 1 Elaine S. Stephan Sister $193,389 2 Rosalind S. Gainsborg Sister $221,345 3 Stephan Children Trust Trust for grand-nephews $32,834 4 Adriana DeBolt Stephan Trust Trust for grand-niece $16,417 5 Paul B. Stephan IV Grand-nephew $6,992 6 George F. W. Stephan Grand-nephew $10,810 7 Janet S. Hannon Niece $25,150 8 Christian A. Harmon Grand-nephew $20,650 9 1. Alexander Harmon Grand-nephew $20,650 10 Frances E.R. Hannon Grand-niece $24,070 II Joy G. Smith not related $14,706 12 Justin M. Smith not related $9,747 13 Edward R. Gainsborg, J r. not related $18,081 14 Richard E. Gainsborg not related $10,407 15 Timothy BA Gainsborg not related $10,407 16 Paul B. Stephan JlI Nephew $800 17 Adriana DeBolt Stephan Grand-niece $11,521 $647,976 ITEM NAME AND ADDRESS OF BENEFICIARY NUMBER AMOUNT OR SHARE OF ESTATE B. Charitable and Governmental Bequests: Hospice of Frederick County, MD $1,000 2 Neshanic Reformed Church, Neshanic, NJ $1,000 TOTAL CIli\RIT ABLE AND GOVERNMENTAL BEQUESTS (also enter on line 13, Recapitulation) $2,000 Beneficiaries and addresses. . . . .-t . t- N,';:;- -=-=_l,~~ - =- .. . .J~ o,"NO }~;, 1;"~iO' ~.. - i . ... _ l'iainc S. Stephan and __~.J~l Spruce Circle, Newville,PA 17241 lliO-14-I0~+_fiste,-- - --t---- Rosalilld s. Gainsborg ~--J 8 VanGogh Ct, Ewing, N.l 0861 S __b6-20-30~+_-Jsister:....._ __..--L_ _ I Willis Spaulding, Executive Trustee, I ' Stephan ChildrcnJ:'ru~ __ Earlyville, VA. .__ 54-631()():1!.--l_ -.J Trust for 2 great nephew"---_ _ [Willis Spaulding, Executive Trustee, II 'I -----, ^drianaDcBolt StePhanTrust_~~i;:~~~~ St, NW, Apt 221, .__154-6349402_1_ fust for grcat niece LI --- Paul B. SteP.hanl~ _ --I~~S~~11~;;'~~;~~~~harlottcsville, VA--+225-39-48191_1GreatNePhew __\--- GcoIJ'-c 1':...'Ji Stephan__-f,2901 . ~5-57-545~+-!-!.-0'Iephew_____ 816 Eldorado Ave" Huntsville, 1\1 35802 I I I .Ianct~larmoll.-- _ _ __~one 256883-6021___ _~578-66-1562_+--INie""------I-_ ChnstwnA J{armon _ _ _j816 EldoradoAve, Huntsville, AL 35802 .112-1O-206J.... +- ~~reat NePhew_~I__ .I ^lcxander Harmo~ _ _ ~ Eldorado Ave, HuntsvIlle, AL 35802 f2J5-46l2._1~ J9reat Nephc,,----- - t-- _ _ lentnecs EI'JIarmon __~ 1816 E1dorado Ave., Huntsville, AL 35802 _ ,417-47:639~L~ I Great Nieee___ ---t- _ .IoyG. Smlt~__ _ _~JI. r~~7~::::::::: ::: ::::: :::::: :~O-40-8767 1\ _J\not rclate.i.._ _+--_ .IustinM. Smith _ _ ___....J9073 ~_~ _ _ --+IS7-64-31~__ --"otrelatecl..__ L-- 134 WashmgJon Crossmg-Permmgton Rd, 1 I I I f ,dwdrd l'-..Qamsborg, .Ir _ _ Enmngton, NJ 08534 _ _ -0'l0-40-S76~ _ _ not rclated _ _ ..--L_ _ 134 WashmgJon Crossmg Rd, l'emlmgton, I I I L Rl"-hard E Gamsborg ~ ~ __lW 08534 ~_II2Q-S6-9499 _ ..0 not relalei.. _ _ _ _ 134 Washmgton Crossmg Rd, Permmgton, 1 "1 I Ilmothy IlA Gamsborg . __ l~glo~~~I~gbroOk Rd, Charlotles~illc, V AP-92-7459 --l--Jvl--(ot relatei..___i_ - I"LLIB. Stephan 111_ --~~~O~o~:~~ero~~~~~~-~:~:ttesvillC, VA--+534-24-12,87,. ,-fePhe,^,--- __1__ ___ ^dnana DcBolt Sle han 22901 226-69-3895 M : Greal niece I 3/20/03 ~ -~ SAID IS, SHUFF & MAS LAND A1TORHEVS.AY'lAW 26 W, High Slreet Carlisle. PA LAST WILL AND TESTAMENT 21-02-626 OF AGNES FRANCES SCHOLTEN I, AGNES FRANCES SCHOLTEN, of Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this as and for my Last Will and Testament, hereby revoking all other Wills and Codicils heretofore made by me. FIRST I direct my personal representative or personal representatives, hereinafter referred to in the singular neuter, to pay all my lawful debts, and to expend such sums for my funeral and burial and for the erection of a suitable stone or marker at my grave as it, in their discretion, may deem proper, without the necessity of obtaining an order of court approving the payment of such expenses. It is further my desire that my body be cremated and buried at Neshanic Cemetery, Neshanic, New Jersey. SECOND I give and bequeath the following items of intangible property as set forth below: a. To Elaine S. Stephan and Rosa~ind '. "'~' .~" ! .;:1;.",. (, ~ -" shares of E~n-.-&m...,LL._Comp'my S. Gainsborg all my Gro~th, share and share alike. b. To Elaine S. Stephan and Rosalind S. Gainsborg all my , f' L , shares of Evergreen Municipal Bond, share and share alike. o.I).J'Y'-- of (Chas~ . Co> i1 . c. To Paul B. Stephan, Jr. all my shares ~ d. To the Stephan Children Trust (EIN 54-6316024) two- thirds of my shares of Lord Abbett: Affiliated. e. To the Adriana DeBolt Stephan Trust (EIN 54-6349402) one-third of my shares of Lord Abbett: Affiliated. f. To Paul B. Stephan IV all my shares of American Home Products. 1, g. To George F. W. Stephan all my shares of MSDW Municipal Income Trust. h. To Janet S. Harmon, Christian A. Harmon, J. Alexander Harmon, and Frances E.R. Harmon all my shares of vi. United Income Fund, share and share alike. "!y---~ .- . .......-. To Rosalind S. Gainsborg all my shares of Public 11 ;; /'4i/,;;.,~.,'; .;.,j....)""" .5<=v-i-Ge-.of .~I_tb__Ca.xol~-; r-<-~~~..:_~_. To Joy G. Smith all my shares of PEPSICO. ,:; ~ fitJ {'';-- ,.,.\.........1 , i- ~; ,~ j. k. To Justin M. Smith all my shares of MFS Intermediate Income Trust. 1. To Edward R. Gainsborg, Jr. all my shares of American Funds Investment Company of America. SAIDIS, SHUFF & MASLAND ATmRNEYS.AT.LAW m. To Richard E. Gainsborg and Timothy B. A. Gainsborg- t:-A . i r:.:;;. /1 all my shares of Evergreen ~~ul Pre~~ation-and 26 w. Hl&b- Street Carlisle. PA !l<e0me, share and share alike. n. To Richard E. Gainsborg and Timothy B. A. Gainsborg all my shares of NiSource, share and share alike. ~ SAIDIS, SHUFF & MASLAND A~AT.LAW 26 W. High Street Carlisle. PA """"",-,,,,.,'~,-,,-,~~."~,",,,,,,"""',.~,, THIRD I give and bequeath the following items of tangible personal property as set forth below: 1. Unto Paul B. Stephan III my Cherry Secretary Desk. 2. Unto Janet Stephan Harmon my desk with three drawers and sliding doors. 3. Unto Adriana DeBolt Stephan my diamond dinner ring and my 1901 doll. (The diamond and doll had belonged to her great grandmother, Adriana Otte Scholten.) 4. Unto Frances E. R. Harmon lIlY "'~"hlQ r",,,rl ring, my ~ gr~dfather clock and my spool 11 ;:.~ ~ _" J....fl- y<-.flL I'-j~ ! FOI'JRTH bed. I give and bequeath the following: 1. Unto Hospice of Frederick County the sum of One Thousand Dollars ($1,000.00). 2. Unto the Neshanic Reformed Church, Neshanic, New Jersey- the "sum of One Thousand Dollars ($1,000.00). FIFTH I give, devise and bequeath all the rest, residue and remainder of my estate, of every kind and"description,- whether real, personal or mixed and wheresoever situated, of which I may die, seized and possessed, or to which I may be entitled at the time of my death including any- unexercised power of appointment, in two equal shares unto my sisters as follows: One share I give unto my sister, Elaine Scholten. Stephan, absolutely, but if she shall not survive me then ~ SAIDlS, SHUFF & MASLAND ATJ'ORNEYSeAT-LAW 26 W. High Street Carlisle. PA ,~-:-c;";">t'~-"."._,,,.,,- ""'''''', - . ._~.,......".,,~;..- - ,,,,,,.,,.,,...,.,,,,,,..,- .,' ~-" to her husband, Paul B. Stephan, Jr., absolutely; but if he also shall not survive me, then to my said sister's issue per capita. One share I give to my sister, Rosalind Scholten Gainsborg, absolutely, but if she shall not survive me, then to my sister's step-children and their issue per capita. SIXTH In addition to the powers conferred by law, I authorize any personal representative acting under this instrument, in her absolute discretion: (a) To retain in the form received, or to sell either at public or private sale any real or personal property; (b) To exercise any options to subscribe for stocks, bonds, or other investments. (c) To join in any plan of Iease-; mortgage, consolidation, exchange, reorganization or foreclosure of any corporation in which my estate or anY trust may hold stocks, bonds or other securities"; (d) To sell, transfer, convey, mortgage, pledge, lease or exchange any property, real or personal, which at any time may form part of my estate, for the payment of debts or taxes, or for any purpose of administration or distribution, for such prices and upon such terms as my personal representative, in his/her sole discretion, may deem wise, and to execute and deliver deeds of ~ ~ SAIDIS, ;;HUFF & MAS LAND A'ITORNEYS.AT-UW 26 W. High Slree. Carlisle, PA .,...."."...:"'"',,~'::'T- conveyance or transfer thereof; (e) To make settlements and compromises on such terms as my personal representative in his/her sole discretion may deem wise without the necessity of obtaining any court approval thereof; (f) To make distribution hereunder either in cash or kind, as my personal representative in his/her discretion may deem wise. SEVENTH I do hereby nominate, constitute and appoint my sister, ELAINE SCHOLTEN STEPHAN, to act as Executrix of this my Last Will and Testament. EIGHTH I direct that no personal representative, guardian, trustee or other fiduciary appointed under this instrument shall be required to give bond for the faithful performance of their duties' in any jurisdiction. , , !, ".-. SAlOIS, SHUFF & MASLAND ATJ11RNEY5t;AT-LAW 26 W. High Street CMlls.e, PA IN WITNESS WHEREOF, I, AGNES FRANCES SCHOLTEN, have hereunto set my hand and seal to this my Last Will and Testament, consisting of six (6) typewritten pages, the first five (5) of which bear identification, this j Ocfo.be.~ my signature in the margin for 1- ~ay of ;;~ ./i~,-,;]l.(C' A~nes Frances Scholten Signed, sealed, published and declared by the above-named 1999. Testatrix, AGNES FRANCES SCHOLTEN, as and for her Last Will and Testament in the presence of us, who have hereunto subscribed our names at her request as witnesses thereto, In the presence of said Testatrix and of each other. ADDRESS ) . .... /. . dh [f,ld /t>.si. S~ a"".Ls t /?,A / /() l" 9. ./} / . (t Ll ~ Y-1 L /;u \~~ ADDRESS r:1;:,- (II;"" Il~~-3I-: (! ad s Ie. f fi / 7 () 1..3 , , .. , \ ~"7:.;;:~':-;:;;;:;,..~:-- "'_'"':":":" . -.. ~- -, s SAlOIS, SHUFF & MASLAND A1TORNEYS-AT-LAW 26 W, Hllh Street Carlisle. PA .~ N_ ...." COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF CUMBERLAND We, AGNES FRANCES SCHOLTEN, Johnna J. Deily IT d. th Eberfiqle 'd' , 1 u L A. ~e TestatrLx an wLtnesses, respectLve y and whose names are signed to the foregoing or attached instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her Last Will and Testament and that she signed willingly and that she executed as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix signed the Will as witness and that to the best of their knowledge the Testatrix was at the time 18 or more years of age, of sound mind and under no constraint or undue influence.~ ~,~ ~~~ "c AGNES FRANCES SCHOLTEN" /'-~~)" '., -"''''u:r -=::..... ::> /;J , / - ".- /.<, '>",' ~- ,,/ DeL 'lit' Witness ~4--a A.Ebersole Witness Subscribed, sworn to and acknowledged before me by AGNES FRANCES SCHOLTEN, the Testatrix, and subscribed to and sworn or affirmed to before me by Johnna J. Deily and Judith A. Ebersole witnesses, j -t'~ this Lf day o cJo -6VL-/ , 1999. of ~, ' \ "/')l"~'" \/ / C;/ YtlliA1 " ,Notary .~u32ic iJ- i r~~jTf:...-e:~AL SEAt. . ftEW3.i;4., i~~:,i;"~P.f,'f. nOTA.'1"fPUBUC OJ ~ C,~,HLrkr. !:.:t."l,.~G, CUM~::'Effi.AND co.. PA MY CGMM1SSiCi-ll :2M'iilE$Oi:CEU8ER 13.2001 PETITION FOR PROBATE and GRANT OF LETTERS Estate of AIMS H-4..,ce5.seL.CJII-~'-1 No. J.1.Oa."~ a/so known as ~rC1Ace~ 5c I.,cl f-e", To: Register of Wills for the Deceased. County of c.......... /"er Ie, ~d in the Social Security No. O:S<f - I~ - 'I v:.. 5" Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older jlll the executrl " in the last will of the above decedent, dated Cc..+olaer l'f and codicil(s) dated ,,!I if named ,if~ (state relevant circumstances, e.g. renunciation. death of executor, etc.) County, Pennsylvania, with (list street, number and muncipality) Decendent, then at Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will off~red for probate; was not the victim of a killing and was never adjudicated incompetent: 10(') c..L;"''''fes 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: No'"'-e.- '63 years of age, died Xli '( ,~ ZOo"L, ~SO DO::> . $ $ $ $ WHEREFORE, petitioner(s) respectfully presented herewith and the grant of letters reque~t(s) the probate of the last will and codicil(s) f-e.s+c..~~_.-FC'(f" yI' (testamentary; ad:ninistration c.t.a.; administration d.b.D.c,l.a.) theron. i o = u 'O~ .;:;;~ u_ "'~ ].g a:l'.o -;-~ l;'~ ~o .. = '" <ii c _ ~ ~ ~"" ;.tj' , ~--. ~~ & <> ~~~~r:;~~,,'-t ~ sprvr; c., rL e. lL.Jv, I {J14 !7.)./f / , OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSY,LVANIA } 55 COUNTY OF c..-,JMtJ".. lavtd.. . 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 ad 'nister the estate according to law. 00' ~ ;;; ~ -!:!. Sworn to or affirmed and subscribed befO~~ 4 t9~daY ~ { 'flJa'I<',- ff/,_ht.. 0" f ~. \'1- ?L/-(5 eg er No. 21-02-0626 Estate of 41>10 i='ralAc.es $e.lol/.e.'-1. , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW ~ / / 'i/! __. _. _. ~_ z..a:l~ m consIderation L ce petiti,'" an the reverse side hereof, salls factory proof having been presented before me, IT fS DECREED that the instrument(s) dated oc..+oke/ 1'+ J '17' i described therein be admitt~d to probate and filed of record as the last win of If.<t "" e ~ j:roC{",e-e-:; Sc~oI+€lA. /f//(/11 rra/Jce<; S c:.h,,/f't"n and Letters 72 ,,1-<< -<A. <<- f- '{ r-/ are hereby granted to Elcu lA':"" s c.l, {./-.e"C sf-.ejJ ~'" VI 'mal:"f).M//~ ~. 11./1 ..uC; :lh.A, ()~/JJJ7 - r Register of Wills FEES Probate, Letters, Etc. ......... $ 305.00 Short Certificatesp) . . . . . . . . " $ 75.00 ~ EXTRA.PGS.6... $ 1800 JCP $ 5.00 TOTAL _ $ 403.00 Filed -!~.Y:. P.,. )QP? . . . . . . . . . . . . . . . . . . . -r:..flor p. If..Jre...;" t59 1 {"S-<fj ATTORNEY (Sup. Ct. I.D. No.) 7 'F: ~. Pc;......Fre).. Sf. Ctr{"le P4 /70/3 , ADDRESS 7('1 ,;1.'13 -012. 3 PHONE PUT IN PROTH. BOX JULY Ii, 2002 'i '() .-'. 0-._ ,j 01. /0. 1l1()~.80~ REV <}/ll(; This is to certify that the information here given is correctly copied from an original certificate of death dlll~ filed with me as Local Registrar.' The original cert,ficate will be forwarded to the Srate Vital Records Office for permanent filmg. WARNING: It is illegal to duplicate this copy by photostat or photograph. P 8481810 No. 111,.{~\1\rotplM----~_ ",'~, 11(~..!lf\......~. ~I*\ '-I' ~.. !:l !~ _iii:' ,,:b~ ~ * - .' .-.' ~... *$ \a '- - j~,~ '\~ (-$51"'\ "'<..!.?r"ifNfi\'l-;,,'.... """'#"N,#l!pIJI11 2iu- ~,:~~~-t:"'\..~~~ Fce for this certificate, $2.00 .1111 2 Date ln02 t11ll6..143l'1w.2187 COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH ...... , ..,,, 'N< ......""- .. NTIF_MIOdle.... '" ""'...-- SOCIA&. secuRITVNUMBEF'l es I.Female lMI'HPl.ACf:~.,..s fIVoCtOlOEA"K s....orkn9'eo....rrn HOSPI1l\l..: New Hurley NY 1............,0 ~O ,.054 -16 "'"'1265 ~"",,__~on""ldII """" ::::'Jil D~EOI'O€AfH~.Dfr\<.'_l < July 1, 2002 ..... A. Frances Scholten 1 YEAR 101ft D.tlll:OIIlRTH ! ow,.. Koon......... ~.~...-, "" Dl!CEOEHT'Se:DUCArIOH MA/llTALSwua.",-..l "-""."....~ eve~~iied .. 17a.CX__llwdfoo W""!=:~ ppnn~hnTn ::;"'0 ~\ Cumberland NAME(II...._.QId...__~ Green Ridge Village White ',..... _af__~_ or---'~dIl_"'~1 Library . 1 iran , tllCI.Dl:NT'SMAlLlNGACOAEsa(Slr_~s.....~~ . 43 Hemlock Circle .~ewville PA 17241 ~'atw.tt\fYtl.IoI""'.1.Ml Rev. Geor e B. Scholten "- Elaine Ste 'MlIOEct:OENTEYERlN U.S.AAt.lEOFOflCf81 '" 0 "!IX """"""..."". (II"'gr..__nIIIleJ ,,,. .. - ~., --..pt ,un ::""-=::::or J,/OTt1ER..HAMl!'F"....Mid<k~~ 1 Adriana Otte .. SIUolIJNOAOOf\Esa~ s-. CqcIIj 61 Spruce C1rcle Newv1l1e PA 17241 Pl.ACE~ .".....,orc.-.ty.c--v grl1nger Funeral Home " .... .." """"",. ......oer-.elorln~lIOi'Ia...o OlhoIl!o.4co, Mt. Holly Springs PA .. 7: M. 8. t1'...ul'tl: ..-1M--........,..<<~__lIIe_~,Do""'_IIII.....or l.llII""__CII'I"""_. .... Ave .. """"" ger Funeral Home Inc. M,c.... NtPIrIlOl'yIll"...-'-<<I\tM'...... ''''''''1~ ..0 "" I==-' l_....,CIIdI , , , ""'. OIIoIr~~--'IO-".boOI .........InO..N~____irol'MTl. DUE (OflASA QUENCEOf): . !. DUElOlOAASACONSEQUENCEOF): _0 MANNEROFDl!AfIt ~ o o D.ll1ECW'INJURY ~.0lrt'l'Ml) TlM.E~IHJUIIY """"''''''''''' DESCMlE KCIW lNJlIl'lY OCCURAED. -"""""""""'" ........"""".. ~""""'" """""" ..... - --- CIIuId_boIdtI<<m_ o o o PLACECJIlINJURV'Al_.--'_,~~ ... ~MC--(Specilyl .... ,. 0 "..,0 -- ..0;( -- l5I..I,Ck \,01 . ..... 0, .... ClM"l'lPlCMctIO'II\I.... .curtW'ANClt'M'f$lC1l\M~~_afClMltl_iII'Illlhtr~.......~__""",plo!O<lP\oll'l23l 1o........of""'~.__.....IO....~.I...................I...."................................ ... ""1C -C~AHDCl!Kf"Y1Hll""I~N\PlI~_l>I~"""'~lC_OI_) 1o_....D1""......-....""""'_..lIle.........._p/8n,.........IOlI\ecalJft(.)_IIl.......'..'III........... '1UOlCALD.t,.IN~fI On_tlMk.,.nmIIwIionandlW........et)g.lIcIfl.ln IIlYCtPlnlon.dn1hDCCUrfI'd 11111"1""", d,ll, "p/HI, .ncld1.l. fOl~e.ull(.,..... :rf..-..8tItId................................"...,...,....,......,.,...,.............,....",.,....,...,..',.. REGlSTRAR'S S1GNR'URE AND N t\.~~ (MonIh.OIy._1 M. ~ ~ SAlOIS, SHUFF & MAS LAND A1TORNEYS-AT.LAW 26 W. High Street Carlisle. P A II. i' 21-02-626 LAST WILL AND TESTAMENT OF AGNES FRANCES SCHOLTEN I, AGNES FRANCES SCHOLTEN, of Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this as and for my Last Will and Testament, hereby revoking all other Wills and Codicils heretofore made by me. FIRST I direct my personal representative or personal representatives, hereinafter referred to in the singular neuter, to pay all my lawful debts, and to expend such sums for my funeral and burial and for the erection of a suitable stone or marker at my grave as it, in their discretion, may deem proper, without the necessity of obtaining an order of court approving the payment of such expenses. It is further my desire that my body be cremated and buried at Neshanic Cemetery, Neshanic, New Jersey. SECOND I give and bequeath the following items of intangible property as set forth below: a. To Elaine S. Stephan and Rosalind S. Gainsborg all my .' / shares of Ell.eLg-re.€H1-SmElll-Cornpany..._GrOllth, share and share alike. b. To Elaine S. Stephan and Rosalind S. Gainsborg all my ~ SAID IS, SHUFF & MAS LAND A1TORNEYS-AT.LAW 26 w. High Street CarUsle, PA II , 1 ~-) i. r. I (,., 1-, shares of Evergreen Municipal Bond, share and share alike. Cf./fl-:,...~ of;/Chas~ ~ ....:;, c. To Paul B. Stephan, Jr. all my shares ManR..atotan; d. To the Stephan Children Trust (EIN 54-6316024) two- thirds of my shares of Lord Abbett: Affiliated. e. To the Adriana DeBolt Stephan Trust (EIN 54-6349402) one-third of my shares of Lord Abbett: Affiliated. f. To Paul B. Stephan IV all my shares of American Home Products. g. To George F. W. Stephan all my shares of MSDW Municipal Income Trust. h. To Janet S. Harmon, Christian A. Harmon, J. Alexander Harmon, and Frances E.R. Harmon all my shares of United Income Fund, share and share alike. ~/,,'.._L"_""~ ._" To )(osalind S. Gainsborg all my shares of .Public I ~;., Ii _Service of North Carolina. " j k. To Joy G. Smith all my shares of PEPSICO. To Justin M. Smith all my shares of MFS Intermediate Income Trust. 1. To Edward R. Gainsborg, Jr. all my shares of American Funds Investment Company of America. m. To Richard E. Gainsborg and Timothy B. ~. Gainsborg t:'.j..... ..,.."i l r/-i all my shares of Evergreen .ca$t-.t-al.._.P-res-ervati.=...and Income, share and share alike. n. To Richard E. Gainsborg and Timothy B. A. Gainsborg all my shares of NiSource, share and share alike. y , ~ SAID IS, SHUFF & MAS LAND ATIORNEYS-ATeLAW 26 W. High Street Carlisle, PA II THIRD I give and bequeath the following items of tangible personal property as set forth below: 1. Unto Paul B. Stephan III my Cherry Secretary Desk. 2. Unto Janet Stephan Harmon my desk with three drawers and sliding doors. 3. Unto Adriana DeBolt Stephan my diamond dinner ring and my 1901 doll. (The diamond and doll had belonged to her great grandmother, Adriana Otte Scholten.) 4. Unto Frances E. R. Harmon my d~"hl".-f'P"~ing-, my grandfather clock and my spool bed. I ~ )M.<A-~ L..JL.. (wok. ~0kTH I give and bequeath the following: 1. Unto Hospice of Frederick County the sum of One Thousand Dollars ($1,000.00). 2. Unto the Neshanic Reformed Church, Neshanic, New Jersey the sum of One Thousand Dollars ($1,000.00) FIFTH I give, devise and bequeath all the rest, residue and remainder of my estate, of every kind and description, whether real, personal or mixed and wheresoever situated, of which I may die, seized and possessed, or to which I may be entitled at the time of my death including any unexercised power of appointment, in two equal shares unto my sisters as follows: One share I give unto my sister, Elaine Scholten Stephan, absolutely, but if she shall not survive me then .~ 1 ~~ SAlOIS, SHUFF & MASLAND ATIORNEYS.AT.UW 26 W. High Street Carlisle. P A II . 'i .' to her husband, Paul B. Stephan, Jr., absolutely; but if he also shall not survive me, then to my said sister's issue per capita. One share I give to my sister, Rosalind Scholten Gainsborg, absolutely, but if she shall not survive me, then to my sister's step-children and their issue per capita. SIXTH In addition to the powers conferred by law, I authorize any personal representative acting under this instrument, in her absolute discretion: (a) To retain in the form received, or to sell either at public or private sale any real or personal property; (b) To exercise any options to subscribe for stocks, bonds, or other investments. (c) To join in any plan of lease, mortgage, consolidation, exchange, reorganization or foreclosure of any corporation in which my estate or any trust may hold stocks, bonds or other securities; (d) To sell, transfer, convey, mortgage, pledge, lease or exchange any property, real or personal, which at any time may form part of my estate, for the payment of debts or taxes, or for any purpose of administration or distribution, for such prices and upon such terms as my personal representative, in his/her sole discretion, may deem wise, and to execute and deliver deeds of i , J 'l0 " , ~ "" ~ SAlOIS, SHUFF & MASLAND ATTORNEYS-AT-LAW 26 W. Hjgh Street Carlisle, P A If , , conveyance or transfer thereof; (e) To make settlements and compromises on such terms as my personal representative in his/her sole discretion may deem wise without the necessity of obtaining any court approval thereof; (f) To make distribution hereunder either in cash or kind, as my personal representative in his/her discretion may deem wise. SEVENTH I do hereby nominate, constitute and appoint my sister, ELAINE SCHOLTEN STEPHAN, to act as Executrix of this my Last Will and Testament. EIGHTH I direct that no personal representative, guardian, trustee or other fiduciary appointed under this instrument shall be required to give bond for the faithful performance of their duties in any jurisdiction. SAID IS, SHUFF & MASLAND A1TORNEVS-AT-LAW 26 W. High Street Carlisle, P A .1. IN WITNESS WHEREOF, I, AGNES FRANCES SCHOLTEN, have hereunto set my hand and seal to this my Last Will and Testament, consisting of six (6) typewritten pages, the first five (5) of which bear my signature . ti"M ) r day of in the margin for identification, this OLi-ok {J~ 1999. -i~",~,;11 (L__ Frances Scholten ~ L~~~~_; Signed, sealed, published and declared by the above-named Testatrix, AGNES FRANCES SCHOLTEN, as and for her Last Will and Testament in the presence of us, who have hereunto subscribed our names at her request as witnesses thereto, In the presence of said Testatrix and of each other. \ I /1 ' .J . ADDRESS db ({..Ies. r/)(i S/J$./- /t . .~ l (<,--l.IS t r~4 / )c' I <:.' ) . C_/L< d,Y-1.... d. (!.do )t'~ /I ADDRESS r5!f, !J/",~/l)f-~ J ( . C4J lis Ie /P /701.3 , SAlOIS, SHUFF & MAS LAND A1TORNEYS-AT-LAW 26 W. High Street Carlisle, P A . II COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF CUMBERLAND I We, AGNES FRANCES SCHOLTEN, Johnna J. Deily and d'th Ebers,qle , , Ju 1 A. ~e Testatrlx and wltnesses, respectively whose names are signed to the foregoing or attached instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her Last Will and Testament and that she signed willingly and that she executed as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix signed the Will as witness and that to the best of their knowledge the Testatrix was at the time 18 or more years of age, of sound mind and under no constraint or undue in~~~ AGNES FR.~~CES SCHOLTEN ~;'" ..- .......'.-.....) ,/" ) '/",',,/ "" / ", (~ ' . " ..... ..,.....,..,.:;<~.,.."'..".."'\... ," / JO'Mna i}I. Deily', Witness Ll. .~/ rfI d I!~~-&.- ,rmFl A. Ebersolli! Witness acknowledged before me by AGNES Subscribed, sworn to and FRANCES SCHOLTEN, the Testatrix, and subscribed to and sworn or affirmed to before me by Johnna J. Deily and Judith A. Ebersole , , , -t/") witnesses, this! L/ / o ()o6f./1./ , 1999. day of c ".j Y17tt ~t(~ Notary Public i I ..''''-......._''"''''''''''''.~ :"4,:."""_"",,,,,,,,,,,=~~ - ! ~ , ;'!'~JTl::-'lkL SEAl { , I, I t. l-1fH~it. r,':,'} ,>~_"''f, 1:'-~OT,eJ!i:r( PUBLIC \. / t t:....;.;.::Ln:j,~ t<'f';i);~~::J~;:;';~c;1U.ND co., Ph ~<:'t.i;i'rJ;~~:~:*,!iUZS OraCBlBER 13. 2001 ;' I /"II . . i ( lv' J CERTIFICATION OF NOTICE UNDER RULES 5.6(a) Name of Decedent: Date of Death: WilINo: Agnes Frances Scholten July 1,2002 21-02-0626 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 July 22, 2002: Elaine S. Stephan 61 Spruce Circle Newville, PA 17241 Frances E.R. Harmon 816 Eldorado Avenue Huntsville, AL 35802 Rosalind S. Gainsorg 8 Van Gogh Court Ewing, NJ 08618 Joy G. Smith 902 Delchester Road Newtown Square, P A 19073 Paul B. Stephan IV c/o Pearce 1210 30th StreetNW Washington, DC 20007 Justin Smith 1272 St. Matthews Road Chester Springs, P A 19125 Janet S. Harmon 816 Eldorado Avenue Huntsville, AL 35802 Edward R. Gainsborg, Jr 34 Washington Crossing-Pennington Rd Pennington, NJ 08534 Christian A. Harmon 816 Eldorado A vneue Huntsville, AL 35802 Richard E. Gainsborg 34 Washington Crossing-Pennington Rd Pennington, NJ 08534 J. Alexander Harmon 816 Eldorado Avenue Huntsville, AL 35802 Timothy B.A. Gainsborg 34 Washington Crossing-Pennington Rd Pennington, NJ 08534 Paul B. Stephan 1II 101 Bollingbrook Road Charlottesville, VA 22901 Adriana DeBolt Stephan 101 Bollingbrook Road Charlottesville, VA 22901 Hospice of Frederick County PO Box 1 799 Frederick, MD 21709 Neshanic Reformed Church PO Box 657 Neshanic, NJ 08853 Adriana DeBolt Stephan Trust c/o Willis Spaulding 619 Peach croft Lane Earlysville, VA 22936 Stephan Children Trust c/o Willis Spaulding 619 Peach croft Lane Earlysville, VA 22936 Notice has now been given to all persons entitled thereto under Rule 5.6(a) except: No exceptions. Date: July 22, 2002 Ta 0 P. Andrews, Esquire 7 est Pomfret Street Carlisle, PA 17013 Phone: 717-243-0123 Capacity: Counsel for personal representative COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU DF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG, PA 17128-0601 REV-1162 EX(11-96) RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT ANDREWS TAYLOR P ESQ 78 W POMFRET ST CARLISLE, PA 17013 ..__nn lold ESTATE INFORMATION: SSN: 054-16-4265 FILE NUMBER: 2102-0626 DECEDENT NAME: SCHOLTEN AGNES FRANCES DATE OF PAYMENT: 09/30/2002 POSTMARK DATE: 00/00/0000 COUNTY: CUMBERLAND DATE OF DEATH: 07/01/2002 NO. CD 001669 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 I $6,000.00 I I I I I I I I TOTAL AMOUNT PAID: $6,000.00 REMARKS: ELAINE SCHOLTEN STEPHEN C/O TAYLOR P ANDREWS ESQUIRE CHECK#128 SEAL INITIALS: SK RECEIVED BY: REGISTER OF WILLS MARY C. LEWIS REGISTER OF WILLS InRe: Estate of Agnes Frances Scholten : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : NO. 21-02-0626 ORDER AND NOW, this J.7'day of March 2003, in consideration of the attached Motion to Appoint a Successor Custodian, this Court hereby appoints Paul B. Stephan III of 101 Bollingbrook Road, Charlottesville, Virginia 22901 as successor custodian of 119 shares of the Gillette Company common stock for Adriana D. Stephan under the Uniform Transfer to Minors Act. BY THE COURT, /c.. /l-A / J. InRe: Agnes Frances Scholten : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA :ORPHANS' COURT DIVISION : NO. 21-02-0626 MOTION TO APPOINT SUCCESSOR CUSTODIAN I. Petitioner is Elaine Scholten Stephan, Executrix of the estate of Agnes Frances Scholten who died testate on July I, 2002. 2. On July II, 2002 Petitioner was appointed Executrix of the Estate of Agnes Frances Scholten by the Register of Wills of Cumberland County. 3. At the time of her death, Agnes Frances Scholten owned 117 shares of the Gillette Company registered in her name as custodian for Adriana D. Stephan under the Uniform Gift to Minors Act. Adriana D. Stephan was a grand niece ofthe decedent, Agnes Frances Scholten. 4. Adriana D. Stephan was born December II, 1992 and is now 10 years of age. The social security number of Adriana D. Stephan is 226-69-3895. She lives with her father, Paul B. Stephan III at 101 Bollingbrook Road, Charlottesville, Virginia 22901. 5. Paul B. Stephan, III is willing to serve as successor custodian in ownership of the 119 shares of the Gillette Company referenced above. A letter from Paul B. Stephan III indicating his consent to serve as custodian is attached hereto as Exhibit 1. . 6. A Court Order appointing Paul B. Stephan III as successor custodian is required by the transfer agent for the Gillette Company in order for the stock to be transferred. WHEREFORE, Petitioner prays Your Honorable Court to appoint Paul B. Stephan III as successor custodian for Adriana D. Stephan in ownership of 119 shares of the Gillette Company previously owned by Agnes Frances Scholten as custodian for Adriana D. Stephan. Respectfully submitted, ANDREWS & JOHNSON Ta)l or P. ndrews, Esq. 78 es omfret Street CarlIsle P A 17013 (717) 243-0123 Supreme Ct. Id#: 15641 I, Elaine Scholten Stephan, verify that the statements made in this Motion are true and correct and to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904, relating to unsworn falsification to authorities. Date: ),~ .:21 2ro3 J obc~d~~f~, ~-_. }~ Elaine Scholten Stephan / Paul B. Stephan III 101 Bollingbrook Rd Charlottesville, VA 22901 February 20, 2003 Taylor P. Andrews, Esq. 78 W. Pomfret St. Carlisle, PA 17013 Re: Consent to serve as Successor Custodian Formerly Frances Scholten Cust for Adriana D. Stephan 119 Shares of Gillette Co stock Dear Mr. Andrews: I am the father of Adriana Stephan, and I agree to serve as successor custodian for the above referenced stock that my aunt, Frances Scholten, previously held as custodian for my daughter, Adriana. Adriana is 9 years of age and lives with me in my home. I enclose an IRS W-9 form reporting Adriana's social security number for the transfer agents of the Gillette Co. Sin<:erely. CD- --;c;- PaVB.~tephan III PBS III Ene!. EXHIBIT i I B COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG. PA 17128-0601 REV- 1162 EX(11-96) RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT ANDREWS TAYLOR P ESQ 78 W POMFRET ST CARLISLE, PA 17013 _nnn_ fold ESTATE INFORMATION: SSN: 054-16-4265 FILE NUMBER: 2102-0626 DECEDENT NAME: SCHOLTEN AGNES FRANCES DATE OF PAYMENT: 03/31/2003 POSTMARK DATE: 0010010000 COUNTY: CUMBERLAND DATE OF DEATH: 07/01/2002 NO. CD 002360 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 I $77,331.12 I I I I I I I I TOTAL AMOUNT PAID: REMARKS: TAYLOR P ANDREWS ESQUIRE CHECK# 1 A SEAL INITIALS: JA RECEIVED BY: REGISTER OF WILLS $77,331.12 DONNA M. OTTO DEPUTY REGISTER OF WILLS COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG, PA 17128-0601 REV-1162 EX(11-961 RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT ANDREWS TAYLOR P ESQ 78 W POMFRET ST CARLISLE, PA 17013 _nn___ fold ESTATE INFORMATION: SSN: 054-16-4265 FILE NUMBER: 2102-0626 DECEDENT NAME: SCHOLTEN AGNES FRANCES DATE OF PAYMENT: 03/31/2003 POSTMARK DATE: 00/00/0000 COUNTY: CUMBERLAND DATE OF DEATH: 07/01/2002 NO. CD 002361 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 I $1,107.51 I I I I I I I I TOTAL AMOUNT PAID: $1,107.51 REMARKS: TAYLOR P ANDREWS ESQUIRE CHECK# 2A SEAL INITIALS: JA RECEIVED BY: REGISTER OF WILLS DONNA M. OTTO DEPUTY REGISTER OF WillS '\. /) - ''j'//- (' BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION DEPT. 280601 HARRISBURG~ PA 17128-0601 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE NOTICE OF INHERITANCE TAX APPRAISEHENT, ALLOWANCE DR DISALLOWANCE OF DEDUCTIONS AND ASSESSHENT OF TAX Recore Rei' ;"-' _~'J' '03 DATE ESTATE OF DATE OF DEATH FILE NUMBER JUN -6 Al1 :49COUNTY ACN TAYLOR P ANDREWS ESQ ANDREWS & JOHNSON 78 W POMFRET ST CARLISLE 06-03-2003 SCHOLTEN 07-01-2002 21 02-0626 CUMBERLAND 101 *' REV-IS47 EX iFP (Dl~D5) AGNES F C,Brh P A 17 Ml3lnb, Allount Rellitted MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~ REV=is"4-j-EX--AFP-[oFo3Y-NOi"icE--OF-i:-NiiER-iTAifcE-i"AX-APPRAisEHENi'-.--ALLOWANCE-OR'----------------- DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX ESTATE OF SCHOLTEN AGNES F FILE NO. 21 02-0626 ACN 101 DATE 06-03-2003 TAX RETURN WAS: (X I ACCEPTED AS FILED I CHANGED RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Real Estate (Schedule A) 2. Stocks and Bonds (Schedule B) 3. Closely Held stock/Partnership Interest (Schedule C) 4. Mortgages/Notes Receivable (Schedule OJ 5. Cash/Bank Deposits/Misc. Personal Property (Schedule El 6. Jointly Owned Property (Schedule F) 7. Transfers (Schedule G) 8. Total Assets III (21 (31 (41 (51 (61 (71 1.500.00 560.166.00 .00 .00 37.134.00 4.757.00 100.166.00 (81 APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Ad... Costs/Misc. Expanses (Schedule HJ 10. Debts/Mortgage Liabilities/Liens (Schedule Il 11. Total Deductions 12. Net Value of Tax Return 13. Charitable/Governmental Bequests; Non-elected 9113 Trusts (Schedule j] 1~. Net Value of Estate Subject to Tax (91 1101 51,624.59 2.122.00 1111 1121 (131 1141 NOTE: To insure proper credit to your .ccount~ submit the upper portion of this form with your tax payment. 703,722.95 1;3 746 59 649,976.36 2,000.00 647,976.36 I~ an assessment was issued previously, lines 14, 15 and/or 16, 17, 18 and 19 will re~lect ~igures that include the total o~ ~ returns assessed to date, ASSESSMENT OF TAX: 15. Amount of Line 14 at Spousal rat. (lS) 16. Amount of Line 14 taxable at Lineal/Class A rate (16] 17. A.ount of Line 14 at Sibling rate C17l 18. Amount of Line 14 taxable at Collateral/Class 8 rate (18] 19. Principal Tax Due NOTE: .00 .00 414,727.00 233,249.00 X 00 = .00 X 045 = .00 X 12 = 49,767.28 X 15 = 34,987.35 [191= 84,754.63 TAX CREDITS: K<..<.r T+I AMOUNT PAID DATE NURBER INTEREST/PEN PAID (-I 09-30-2002 CDOO1669 315.79 6,000.00 03-31-2003 CD002360 .00 77 ,331.12 03-31-2003 CD002361 .00 1,107.51 TOTAL TAX CREDIT 84,754.42 BALANCE OF TAX DUE .21 INTEREST AND PEN. .00 TOTAL DUE .21 . IF PAID AFTER DATE INDICATED, SEE REVERSE FOR CALCULATION OF ADDITIONAL INTEREST. ( If TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED. If TOTAL DUE IS REFLECTED AS A "CREDIT" (CRI, YOU HAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORH fOR INSTRUCTIONS. I RESERVATION: Estates of decedents dying on or before DeceMber lZ, 198Z -- if any futura interest in the estate is transferred in possession or enjoyment to Class B (collateral) beneficiaries of the decedent after the expiration of any estate far life or for years, the 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: To fulfill the requirements of Section 2140 of the Inheritance and Estate Tax Act, Act 23 of 2000. (72 P.S. Section 9140J. PAYMENT: Detach the tap portion af this Notice and submit with your psy.ent to the Register of Wills printed on the rsverse side. --Make check or 1I0ney order psysble to: REGISTER OF HILLS, AGENT REFUND (CR): A refund of a tax credlt~ 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 WillS, any of the Z3 Revenue District Offices, or by calling the special 2~-hour answering service for forms Ordering: I-BDD-36Z-ZDSD; $8rvices for taxpayers with special hearing and I or speaking needs: 1-800-447-3020 (TT only). OBJECTIONS: Any party in interest not satisfied with the appraisement, allowance, or disallow80oe of deductJons~ or asseSSMent of tax (including discount or interest) as shawn on this Notice IIUSt abject within sixty (60) days of receipt of this HoUce by: --written protest to thQ PA Oeparbent of Revenue. Board of Appeals, Dept. 281021, Harrisburg, PA 17128-10Z1, OR --election to have the matter detemine" at audit of the account of the personal rQpresentative, OR --appeal to the Orphans' Court. ADMIN- ISTRATIVE CORRECTIONS: Factual errors discoverQd on this assessment should be addressed in writing to: PA Department of Revenue, Bureau of Individual Taxes~ ATTN: Post Assessment Review Unit, Dept. 280601, HarriSburg, PA 17128~0601 Phone (717) 787-6505. See page 5 of the booklet "Instructions far Inheritance Tax Return far a Resident Decedent" (REV-15011 for- an explanation of administratively correctable errors. DISCOUNT: If Bny tax due is paid within threu (3) calendar m~nths after the decedent's death, a five percent (57.) discount of the tax paid is allowed. PENALTY: The 157. tax a.nesty non-participation penalty is c~mputed on the total of the tax and interest assessed, and not paid before January 18, 1996, the first day after the end of the tax amnesty periOd. This non-participation penalty is appealable in the same manner and in thlil the same time period as you would appeal the tax and interest that has been assessed 8S indicsted an this notice, INTEREST: Interest is charged beginning with first day of delinquency, or nine (9) .onths and one (1) day from the date of daath~ to the date of payment. Taxes which became delinquent before January 1, 1982 bear interest at the rate of six (67.) percent pur annum calculated at a daily rate of .000164. All taxes Which beca.e delinquent on and after January I, 1982 will bear interest at a rate which will vary from calendar year to calendar Year with that rate announclild by the P4 Departlltel1t of Revenue, The applicable interest rates for 1982 through 2003 are: Interest Daily Interest Daily Interest ~~ !2!" ~~ Year ~ Year Daily Factor 1982 207. .000548 1987 .. .000247 1999 n .000192 1983 167. .000438 1988-1991 117. .000301 2000 8% .000219 1984 117. .000301 1992 97. .000247 2001 97. .DOOZ47 1985 137. .000356 1993-1994 n .000192 2:002 6% .000164 1986 ID7- .DDDZ74 1995-1998 97. .000247 2003 5% .000137 --Interest is cl!llculated as follows: INTEREST = BALANCE OF TAX UNPAIO X NUNBER OF OAYS OELINQUENT X OAILY INTEREST FACTOR --Any Notice issued after the tax becomes delinquent will reflect an interest calculation to fiftesn (15) days beyond the date of the asses~ent. If payment is .ade after the interest computation date shoWn on the Notice, additional interest .ust be calculated. , , INRE: EST A TE OF Agnes Frances Scholten DECEASED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-02-0626 FIRST AND FINAL ACCOUNT OF ELAINE SCHOLTEN STEPHAN EXECUTRIX OF THE ESTATE OF AGNES FRANCES SCHOLTEN LATE OF WEST PENNSBORO TWP.,CUMBERLAND COUNTY, PENNSYLVANIA Date of death: Letters Granted: Advertisement of Letters: The Sentinal: Cumbo Law Journal: ACCOUNT STATED AS FINAL July I, 2002 July I 1,2002 July 23 & 30, 2002, August 6, 2002 August 2, 9, & 16,2002 Purpose of Account: Elaine Scholten Stephan offers this account to inform interested parties of the transactions that have occured during this administration. It is important that the Account be carefully examined. Requests for additional information or questions or objections can be discussed with: Taylor P. Andrews, Esq. 78 W. Pomfret St., Carlisle, Pa. 17013. Phone 717-243-0123 PRINCIPAL Receipts Gains/(Losses) from conversions Less Disbursements Balance Before Distributions Distributions to Beneficiaries Principal Balance Remaining SUMMARY & INDEX Page No. 2 3 4 5 $611,849.26 ($2 I ,876.29) ($ I 45,008. 70) $444,964.27 ($51,165.28) $393,798.99 INCOME Receipts Less Disbursements Balance Before Distributions Distributions to Beneficiaries Income Balance Remaining COMBINED BALANCE REMAINING 6 6 $13,748.29 ($1,469.00) $12,279.29 $0.00 $12,279.29 $406,078.28 Composition of Estate 7 Page 1 12/12/03 - PRINCIPAL RECEIPTS (Value as of Date of Receipt unless otherwise iudicated) F&M Trust ruoney mg! account 70-31971 Morgan Stanley account 317 011170 030 [see attached sheet for detail] Waddell & Reed account 10115038 [see attached sheet for detail] Lord Abbett account 97542792 [see attached sheet for detail] John Hancock Funds account 60-432978 24 shares of MetLife, Inc. Scana Corporation account 908.789 shrs @ $30.762 Tanglewood time share Furnishings distributed Pearl ring Diamond ring 1901 Doll Funishings sold IRS refund check - 200 I taxes Horizon BClBS paymemts Com of P A refund Aetna Inc. Cytec death benefit MBNA credit balance on bankcard Post-death annuity payments from Prsbyterian Foundation Post -death annuity payments from MetLife Post-death annuity payments from MetLife Post -death annuity payments from MetLife 1995 Oldsmoble Cutlas Sierra 2002 income tax refund Total Receipts of Principal Page 2 Amount $7,984.47 $376,150.44 $82,599.13 $49,251.20 $14,939.31 $741.60 $27,956.17 $1,500.00 $22,417.00 $420.00 $1,500.00 $750.00 $563.00 $9,451.00 $865.11 $897.43 $2,250.00 $21.l2 $626.92 $89.70 $460.29 $365.37 $3,145.00 $6,905.00 $611,849.26 12/12/03 Morgan Stanley account 317 011170 030: Money Market: Active asset Govt See Tr Managed Future: 5 DW Diversified Fund Mutual Funds: 1230.451 Morgan Stanley Dividend Grwth 927.891 Morgan Stanley Tax-Exempt 576.536 American Inv. Co of America 8377.232 Evergreen Mnni Bond A 4414.46 Evergreen Muni Bond B 1252.732 Evergreen Adj Rate A 2769.732 Davis New York Venture Securities: 475 Cytec Industries 400 Nisource 140 Wyeth 450 JP Morgan Chase 75 Microsoft Corp 744 DTE Energy Co. 34 Zimmer Holdings, Inc 142 Bristol Myers Squbb 1350 MFS Intermediate Income Tr 300 Pepsico Bond: 5000 Cumberland Muni Auth 6% WADDELL & REED ACCOUNT: Mutual Fund: 16,960.81 WR Advisors Core Investment A (621) LORD ABBETT: Mutual Fund: 3,940.10 Affiliated Fund A 11-97542792 JOHN HANCOCK FUNDS: Mutual Fund: 1,876.80 Small Cap Growth A 60-432978 " [now Liquid Assets Fund] $11,543.00 $1,453.00 $7,265.00 DIVBX $41.97 $51,642.(l3 TAXDX $11.65 $10,809.93 AlVSX $25.72 $14,828.51 EKEAX $7.20 $60,316.07 EXEBX $7.20 $31,784.11 ESAAX $9.68 $12,126.45 NYVBX $21.67 $60,02009 CYT $31.87 $15,138.25 NI $21.72 $8,688.00 WYE $49.94 $6,991.60 JPM $31.36 $14,112.00 MSFT $52.66 $3,949.50 DTE $43.98 $32,721.12 ZMH $34.90 $1,186.60 BMY $25.79 $3,662.18 MIN $7.22 $9,747.00 PEP $49.02 $14,706.00 DH889 $99.63 $4,913.00 SubTotal: $376,150.44 $4.87 $82,599.13 $12.50 $49,251.20 $7.96 $14,939.31 Page 2A 12112/03 ASSET CONVERSIONS Date Asset 9/30/03 John Hancock Small Cap Growth A 10/11/02 SCANA Corporation 3/26/03 175 shares of Cytec Industries 300 shares of Cytec Industries 450 shares of JP Morgan Chase & Co 34 shares of Zimmer Hldgs Inc. 142 shares of Bristol Myers Squibb 150 shares of Microsoft Corp.. 8/13/03 42.671 shrs ofWR Adv'rs Core Investmnt A 4,224.407 shrs ofWR Adv'rs Core Invstmnt A 10/20/03 744 shares DTE Energy Company Comb Co MUll Auth 10/21/03 1,259.233 shares Dividend Growth Securities 11/17/03 12,819.984 shares ofWR Adv'rs Core Inv. A 12/11103 5 DW Diversified Fund [estimated] TOTAL GAINS/(LOSSES) ON CONVERSIONS: Sale Price $12,346.31 $23,679.97 $5,043.98 $8,632.82 $10,544.67 $1,616.89 $3,043.85 $3,812.21 $201.83 $19,981.45 $26,260.79 $4,825.83 $52,026.55 $61,920.52 $6,645.00 Page 3 Cost Basis $15,039.31 $28,536.60 $5,577.25 $9,561.00 $14,112.00 $1,186.60 $3,662.18 $3,949.50 $207.81 $20,572.86 $32,721.12 $4,913.00 $52,762.21 $62,392.52 $7,265.00 Gain/(Loss) ($2,693.00) ($4,856.63) ($533.27) ($928.18) ($3,567.33) $430.29 ($618.33) ($137.29) ($5.98) ($591.41) ($6,460.33) ($87.17) ($735.66) ($472.00) ($620.00) ($21,876.29) 12/12/03 PRINCIPAL DISBURSEMENTS Register of Wills - probate expense Eggar Funeral Home IBIS Appraisal Service The Sentinel - advertising The Clock Doctor - repair and prepare for shipping Fleet Credit Card Service - final balance Elaine Stephan - reimburse funeral expenses Alan Harmon - reimburse packing & shipping expenses Verizon - phone bill George W. Weaver & Son - shipping expense Swaim Health Center Swaim Health Center RPC Assoc Dennis D. Diaz Pinker & Associates Weat Shore EMS Carlisle Pathology medical bill Appalachian Orthopedic Ctr, L TD medical bill Continuing Care Rx medical bill Carlisle Imaging medical bill F&M Bank - bank fee Investment Appraisals - personal property appraisal PP&L Register of Wills - early deposit on Inheritance tax MetLife reimburse post -death annuity payment MetLife reimburse post-death annuity payment MetLife reimburse post-death annuity payment Deborah W. Piper, tax collector per capita tax Tanglewood Resort - service fees Neshanic Cemetary - cremation expense Cumberland Law Journal - legal advertising Presbyterian Foundation - reimburse annuity payments Janet Harmon - reimburse jewelry appraisal expense Moffitt Heart & Vascular Grp medical bill Register of Wills - Inheritance tax Register of Wills - Inheritance tax Register of Wills - filing fee for Inheritance tax return Cumberland Good Will EMS Elaine Stephan - Executrix fee Andrews & Johnson - attorney fees Reserve for final income tax returns Reserve for final probate expenses & marker medical bill medical bill medical bill TOTAL DISBURSEMENTS OF PRINCIP AL Page 4 Amount $405.00 $1,229.40 $150.00 $90.59 $127.20 $88.25 $250.00 $855.72 $39.90 $1,898.59 $1,015.60 $967.34 $27.30 $50.24 $538 $81.75 $13.71 $402.85 $78.57 $42.86 $5.00 $625.00 $102.59 $6,000.00 $460.29 $365.37 $89.70 $11.00 $495.00 $200.00 $75.00 $626.92 $50.00 $102.90 $77,331.12 $1,107.51 $15.00 $26.05 $22,500.00 unpaid $22,500.00 unpaid $2,500.00 unpaid $2,000.00 unpaid $145,008.70 DISTRIBUTIONS TO BENEFICIARIES TO: Janet Harmon Cash from sale of 114 ofWR Advisors Core Investments Desk with three drawers and sliding doors TO: Paul B. Stephan III Cherry Secretary Desk TO: Paul B. Stephan III for Adriana DeBolt Stephan Diamond dinner ring and 1901 doll TO: Janet Harmon for Frances E. R. Hannon Double Pearl ring and grandfather clock TO: Elaine Stephan and Rosalind Gainsboro [redistributed to others by their agreement] 1995 01dsmoble Cutlas Sierra Remaining furniture TO: Hospice of Frederick County Cash bequest TO: Neshanic Refonned Church, Neshanic , NJ Cash Bequest TOTAL DISTRIBUTION OF PRINCIPAL TO BENEFICIARIES Page 5 $20,183.28 $4,500.00 $800.00 $2,250.00 $1,920.00 $3,145.00 $16,367.00 $1,000.00 $1,000.00 $51,165.28 12/12/03 INCOME RECEIPTS 71\112 SCANA Corporation. 9.385 shares@$30.762 1011102 SCANA Corporation. 11.136 shares @$26.199 7131102 John Hancock - dividend 13.908 shares@$7.19 $288.69 $291.74 $100.00 Morgan Stanley Holdings: American Inv. Co of Amer A: 911 0102 dividend 12116102 dividend 12119102 dividend 314103 dividend 619103 dividend 9110103 dividend $74.95 $54.94 $20.41 $76.87 $77.3\ $77.71 Evergreen Adj Rate A 712102 dividend 812102 dividend 914102 dividend 1012102 dividend 1114102 dividend 1213102 dividend 12131102 dividend 214103 dividend 314103 dividend 4/2/03 dividend 512103 dividend 613103 dividend 712103 dividend 814103 dividend 912103 dividend 1012103 dividend 1114/03 dividend $37.17 $42.69 $45.55 $36.2\ $40.37 $39.73 $37.62 $38.80 $30.02 $31.72 $34.39 $35.86 $29.97 $32.73 $33.46 $28.52 $34.21 Evergreen Municipal Bond A 712102 tax exempt dividend 812102 tax exempt dividend 914102 tax exempt dividend 1012102 tax exempt dividend 1114102 tax exempt dividend 1213102 tax exempt dividend 12131102 tax exempt dividend 214103 tax exempt dividend 314103 tax exempt dividend 412103 tax exempt dividend 512103 tax exempt dividend 613103 tax exempt dividend 712103 tax exempt dividend 8/4/03 tax exempt dividend 912103 tax exempt dividend 1012103 tax exempt dividend 1114103 tax exempt dividend $0.92 $1.02 $1.10 $0.92 $1.01 $1.03 $229.66 $236.07 $199.39 $210.64 $219.41 $229.91 $207.97 $224.54 $228.49 $205.07 $242.75 Page 6 12112103 Evergreen Municipal Bond B 7/2102 tax exempt dividend 8/2/02 tax exempt dividend 9/4/02 tax exempt dividend 10/2/02 tax exempt dividend 1114102 tax exempt dividend 12/3/02 tax exempt dividend 12/31102 tax exempt dividend 2/4/03 tax exempt dividend 3/4/02 tax exempt dividend 4/2/03 tax exempt dividend 5/2/03 tax exempt dividend 6/3/03 tax exempt dividend 7/2/03 tax exempt dividend 8/4/03 tax exempt dividend 9/2/03 tax exempt dividend 10/2/03 tax exempt dividend 11/4/03 tax exempt dividend $0.41 $0.45 $0.48 $0.40 $0.44 $0.45 $99.76 $102.13 $85.55 $90.41 $94.84 $99.32 $89.36 $97.04 $99.00 $88.39 $105.21 MFS Intermediate Income Tr SBI 7/31102 dividend 8/30/02 dividend 9/30/02 dividend 10/31102 dividend 11/29/02 dividend 12/31/02 dividend 1/3l103 dividend 2/28/03 dividend 3/3l103 dividend 4/30/03 dividend 5/30/03 dividend 6/30/03 dividend 7/3l103 dividend 8/31103 dividend 9/30103 dividend 10/30/03 dividend 11128103 dividend $48.60 $47.25 $47.25 $47.25 $47.25 $47.25 $47.25 $45.90 $45.90 $45.90 $45.90 $45.90 $43.88 $43.80 $43.88 $43.20 $43.20 JP Morgan Chase & Co. 7/31/02 dividend 10/3l102 dividend 1131/03 dividend $153.00 $153.00 $153.00 Nisource Inc. 8/20/02 dividend 1\/20/02 dividend 2/20/03 dividend 5/20/03 dividend 8/20/03 dividend 11120/03 dividend $116.00 $116.00 $116.00 $116.00 $116.00 $92.00 Page 6 12/12/03 Wyeth 911/02 dividend $32.20 12/1102 dividend $32.20 3/1103 dividend $32.20 611103 dividend $32.20 911103 dividend $32.20 Bristol Myers Squibb 8/1102 dividend $39.76 1111102 dividend $39.76 211103 dividend $39.76 DTE Energy Co 7115102 dividend $383.16 10/15102 dividend $383.16 1115103 dividend $383.16 4115103 dividend $383.16 7/15/03 dividend $383.16 10/15103 dividend $383.16 Pepsico Inc NC 9/27102 dividend $45.00 1/2103 dividend $45.00 3131103 dividend $45.00 6130/03 dividend $45.00 9130103 dividend $48.00 Tax Exempt Securities Trt D 12/31102 tax exempt dividend $5.61 12131102 ur gain $50.13 12/31102 srr gain $47.82 1130103 tax exempt dividend $41.04 2127103 tax exempt dividend $40.88 3128103 tax exempt dividend $42.44 4/29103 tax exempt dividend $46.67 5129103 tax exempt dividend $43.56 6127103 tax exempt dividend $41.87 6127103 Lrr gain $5.66 7130103 tax exempt dividend $45.70 8128103 tax exempt dividend $40.75 9/27103 tax exempt dividend $42.59 10130103 tax exempt dividend $46.72 11/26103 tax exempt dividend $38.22 Dividend Growth Securities B 9123102 dividend $116.89 12/16102 dividend $175.22 3131103 dividend $116.89 6123103 Lrr gain $1,120.18 6130103 dividend $116.89 9130103 dividend $119.63 Page 6 12/12103 Liquid Asset Fund 1/31/03 dividend 2/28/03 dividend 3/31/03 dividend 4/30/03 dividend 5/30/03 dividend 6/30/03 dividend 7/31/03 dividend 8/29/03 dividend 9/30/03 dividend 10/31/03 dividend 11/28/03 dividend Microsoft Corp 3/7/03 dividend Cumberland Municipal Authority 6/1/03 tax exempt interest 10/20/03 tax exempt interest Waddell & Reed Aecount: WR Advisors Core Investments 9/12/02 WR Advisors Core Investments 12/12/02 WR Advisors Core Investments 3/13/03 WR Advisors Core Investments 6/11/03 WR Advisors Core Investments 9/11/03 WR Advisors Core Investments Lord Abbett Acconnt: 8/22/02 Affiliated Fund A 11/20/02 Affiliated Fund A 12/20/02 Affiliated Fund A 2/14/03 Affiliated Fund A 5/22/03 Affiliated Fund A 8/21/03 Affiliated Fund A 11/25/03 Affiliated Fund A F&M Trust Bank 7/12/02 interest 8/13/02 interest 9/13/02 interest 9/27/02 interest Orrstown Bank 2002 interest on estate account 2003 interest on estate account MetLife shares Total Receipts of Income $11.30 $9.88 $10.37 $5.46 $5.54 $5.50 $4.78 $4.38 $4.92 $5.67 $4.61 $12.00 $150.00 $118.33 22.919 shares@$4.44 47.283 shares @ $4.49 12.4 shares @ $4.12 24.906 shares @$4.79 18.747 shares@$4.78 $101.76 $212.30 $51.09 $119.30 $89.61 \6.752 shares@$11.76 18.285 shares@$10.82 9.630 shares@$1O.71 10.421 shares@$9.92 18.574 shares@$11.16 17.025 shares@$12.23 .594 shares @ $12.68 $197.00 $197.84 $103.14 $103.38 $207.29 $208.22 $7.53 $6.31 $5.99 $6.38 $2.20 $39.83 $77.91 $10.56 $13,748.29 Page 6 12/12/03 INCOME DISBURSEMENTS 10/9/03 U.S. Treasury estate income tax; yr ending 6/30/03 Pa. Dept. of Revenue estate income tax; yr ending 6/30/03 Patricia A. Rosendale, CPA.. tax preparation Total Disbursements of Income to Beneficiaries Page 6 $678.00 $391.00 $400.00 $1,469.00 12/12/03 COMPOSITION OF ESTATE Morgan Stanley Investments: Values as of I 1-30-03 Money Market: Liquid Asset Fund Mutual Funds: 927.891 Morgan Stanley Tax-Exempt 600.694 American Inv. Co of America 8890.96 Evergreen Muni Bond A 4637.009 Evergreen Muni Bond B 1315.838 Evergreen Adj Rate A 2769.679 Davis New York Venture Securities: 400 Nisource 140 Wyeth 1350 MFS Intermediate Income Tr 300 Pepsico Lord Abbett as of 6/30/03 4,198.459 Affiliated Fund-A Orrstown Bank - Estate account MetLife, Inc. - 24 shares Tanglewood time share Total $11,719.07 TAXDX $11.92 $11,060.46 AIVSX $27.63 $16,597.18 EKEAX $7.40 $65,793.10 EXEBX $7.40 $34,313.87 ESAAX $9.54 $12,553.09 NYVBX $25.05 $69,380.46 NI $20.75 $8,300.00 WYE $39.40 $5,516.00 MIN $6.89 $9,301.50 PEP $48.12 $14,436.00 SubTotal: $258,970.73 $12.68 $53,236.46 $10 I ,606.73 $741.60 $1,500.00 $416,055.52 Page 7 12112103 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) Elaine Scholten Stephan, being duly sworn according to law, deposes and says that the Account as stated is true and correct, and that the Grant of Letters and the first complete advertisement thereof occurred more than four (4) months before the filing ofthe Account. l2z~~&~/J~ Swop!, and subscribed to before me this 1f:.day ofDece r 2003 NOTARiAl SEAL SHELLY SEXTON, Notary Public Carlisle Bora, Cumberland County My Commission Expires April 26, 2007 12/12/03 LAST WILL AND TESTAMENT 21-02-626 OF AGNES FRANCES SCHOLTEN I, AGNES FRANCES SCHOLTEN, of Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this as and for my Last Will and Testament, hereby revoking all other Wills and Codicils heretofore made by me. FIRST I direct my personal representative or personal representatives, hereinafter referred to in the singular neuter, to pay all my lawful debts, and to expend such sums for ~ -~ my funeral and burial and for the erection of a suitable stone or marker at my grave as it, in their discretion, may deem proper, without the necessity of obtaining an order of court approving the payment of such expenses. It is further my desire that my body be cremated and buried at Neshanic Cemetery, Neshanic, New Jersey. SECOND I give and bequeath the following items of intangible SAlOIS. SHUFF & MASLAND A1TORNEYS-ATeLAW 26 W. High Street Carlisle, PA property as set forth below: a. To Elaine S. Stephan a~d Rosalind S. Gainsborg all my ~' 4-...v'~':, i' -1 /, ,~t......,~~_ f) shares of F"ergre@~...-ll r"'n['any. (;ro'Nth, share and share alike. b. To Elaine S. Stephan and Rosalind S. Gainsborg all my fi' L , shares of Evergreen Municipal Bond, share and share alike. QI)_"v'-- of !Chast{ < c.. /\ c. To Paul B. Stephan, Jr. all my shares Mal'\ha~ d. To the Stephan Children Trust (EIN 54-6316024) two- thirds of my shares of Lord Abbett: Affiliated. e. To the Adriana DeBolt Stephan Trust (EIN 54-6349402) one-third of my shares of Lord Abbett: Affiliated. f. To Paul B. Stephan IV all my shares of American Home Products. 1, g. To George F. W. Stephan all my shares of MSDW Municipal Income Trust. h. To Janet S. Harmon, Christian A. Harmon, J. Alexander Harmon, and Frances E.R. Harmon all my shares of United Income Fund, share and share alike. vi. '[t ,~---,~ .~' -" --..---' To Rosalind S. Gainsborg all my shares of ;, , ;) ,,~',:;:,,""f ..5 eJ:-W.-se-...oL.NoILh ._Caxo.l-ina-; ;Hi.~~....~. '~~L To Joy G. Smith all my shares of PEPSICO. J?blblic -2j~ A ,- <,~ ; I,) i' ,r....... , i- .L.. ~~. .~ j . k. To Justin M. Smith all my shares of MFS Intermediate Income Trust. 1. To Edward R. Gainsborg, Jr. all my shares of American Funds Investment Company of America. SAlOIS, SHUFF & MASLAND A1iORNE\'J.AT-LAW m. To Richard E. Gainsborg and Timothy B. A. Gainsborg- t:-" . I r J:- ('1 all my shares of Evergreen Ca~al Pre~~Lion-and 26 W _ High Street Carlisle, PA rnee>me., share and share alike. n. To Richard E. Gainsborg and Timothy B. A. Gainsborg all my shares of NiSource, share and share alike. r ~ SAIDIS, SHUFF & MASLAND A'I1'ORNEl'S-AT'LA.W 26 W. High Str.., Carlisle. PA .~...,-"'t':':""'"'I'"..">",~,-,~",,,,,,,,,,,,,,,,.,, THIRD I give and bequeath the following items of tangible personal property as set forth below: 1. Unto Paul B. Stephan III my Cherry Secretary Desk. 2. Unto Janet Stephan Harmon my desk with three drawers and sliding doors. 3. Unto Adriana DeBolt Stephan my diamond dinner ring and my 1901 doll. (The diamond and doll had belonged to her great grandmother, Adriana Otte Scholten.) 4. Unto Frances E. R. Harmon.lIlY ,",~"hl", r"'''rl rin,,", my gr~ydfather clock and my spool {' ;:I<MA-~ - ~ ;v-...,.,g."..:...,~ ! FOl5'RTH bed. I give and bequeath the following: 1. Unto Hospice of Frederick County the sum of One Thousand Dollars ($1,000.00). 2. Unto the Neshanic Reformed Church, Neshanic, New Jersey the sum of One Thousand DoJ.lars ($1,000.00). FIFTH I give, devise and bequeath all the rest, residue and remainder of my estate, of every kind anddescription,- whether real, personal or mixed and wheresoever situated, of which I may die, seized and possessed, or to which I may be entitled at the time of my death including any- unexercised power of appointment, in two equal shares unto my sisters as follows: One share I give unto my sister, Elaine Scholten. Stephan, absolutely, but if she shall not survive me then .~. SAIDIS, SHUFF & MASLAND A'n'ORNEYS-AT.LAW 26 W. High Slreet Carlisle. PA , '; 'ii,;""'.~TI:",".~"'"'''''' "~'~'! - - 'C'~"'"""'''_'''''.'_~ '. -. - ,""-",-"""",,,. to her husband, Paul B. Stephan, Jr., absolutely; but if he also shall not survive me, then to my said sister's issue per capita. One share I give to my sister, Rosalind Scholten Gainsborg, absolutely, but if she shall not survive me, then to my sister's step-children and their issue per capita. SIXTH In addition to the powers conferred by law, I authorize any personal representative acting under this instrument, in her absolute discretion: (a) To retain in the form received, or to sell either at public or private sale any real or personal property; (b) To exercise any options to subscribe for stocks, bonds, or other investments. (c) To join in any plan Of Iease-, mortgage, consolidation, exchange, reorganization or foreclosure of any corporation in which my estate or anY trust may hold stocks, bonds or other-seturitiesj (d) To sell, transfer, convey, mortgage, pledge, lease or exchange any property, real or personal, which at any time may form part of my estate, for the payment of debts or taxes, or for any purpose of administration or distribution, for such prices and upon such terms as my personal representative, in his/her sole discretion, may deem wise, and to execute and deliver deeds of ~ ~ SAlOIS, ;HUFF & MASLAND ^~AT.lAW 26 W. High Slree' carlisle. PA "'.', ~~?'"a;:"1"7',~""" conveyance or transfer thereof; (e) To make settlements and compromises on such terms as my personal representative in his/her sole discretion may deem wise without the necessity of obtaining any court approval thereof; (f) To make distribution hereunder either in cash or kind, as my personal representative in his/her discretion may deem wise. SEVENTH I do hereby nominate, constitute and appoint my sister, ELAINE SCHOLTEN STEPHAN, to act as Executrix of this my Last Will and Testament. EIGHTH I direct that no personal representative, guardian, trustee or other fiduciary appointed under this instrument shall be required to give bond for the faithful performance of their duties in any jurisdiction. , I, SAlOIS, SHUFF & MASLAND A'TTI'1RNEYSt'ATotlAW 26 W. Hlgb Street Carlisle, P A , _..--..~.__._-- --- IN WITNESS WHEREOF, I, AGNES FRANCES SCHOLTEN, have hereunto set my hand and seal to this my Last Will and Testament, consisting of six (6) typewritten pages, the first five (5) of which bear identification, thiS} Ocf-oht~ my signature in the margin for 1- 71ay of 1999. -P - ~ -,-- . ::Jfi~V1~Ji(L Frances Scholten ~ . Cn..~ A~nes Signed, sealed, published and declared by the above-named Testatrix, AGNES FRANCES SCHOLTEN, as and for her Last Will and Testament in the presence of us, who have hereunto subscribed our names at her request as witnesses thereto, In the presence of said Testatrix and of each other. ADDRESS ) . ....1 . db aid /t>,.fL. tS"huL a"",Ls/e. r/J In) r< 9L< ~~</-111 tiu \tc-lt ADDRESS rfllrT (M',<, / f~A'3J ~d.ds/r:. ffj /70(j , , i 1 ;'-';;-~:-';:',':;F:.: .~., - ~ "V~~:-'---'2-:;,;::, .5 SAlOIS, SHUFF & MASLAND ATJ'ORNEYSeA"'UW 26 W. Hlsh Street Carlisle. PA - ~~ ". - I ..' .~- -;'.'::-'-'" COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF CUMBERLAND We, AGNES FRANCES SCHOLTEN, Johnna J. Deily IT d'th Eber~Qle . d 't t' 1 uU 1 A. ~e Testatr1x an W1 nesses, respec 1ve y and whose names are signed to the foregoing or attached instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her Last Will and Testament and that she signed willingly and that she executed as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix signed the Will as witness and that to the best of their knowledge the Testatrix was at the time 18 or more years of age, of sound mind and under no constraint or undue influence.~ ~'. ~ _ ~~~ . .....c AGNES F~~CES SCHOLTEN. ---.._.-/~: _...~ / '-'./ ~.../,.:> De1 y/,' Witness ~~. Ebersol~ Witness Subscribed, sworn to and acknowledged before me by AGNES FRANCES SCHOLTEN, the Testatrix, and subscribed to and sworn or affirmed to before me by Johnna J. Deily and Judith A. Ebersole '-rh witnesses, thiS} L./- day o J-o _~/ of , 1999. r-'. \ .... Iv' 1/ !l.CV/' Yt2l{A1' ... Notary public i f / ~,~~}Tl,,1::!~t.L SEAL ftEHES-t. ;~~:Jr~FJJ.'f. nOTA.f1fPUBUC v " ~'~U' ~~-::~~c ,~".o,.~ CO PA !:i ___..;'ii:- ..':)~.i.~ !.~'- ~"<"'" "...--,....~~.... .. MY CGMMjSSiOi-4 :~M'j~ Oi:CfIiBER 1 a. 2001 INRE: EST ATE OF Agnes Frances Scholten, Deceased IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-02-0626 SCHEDULE OF PROPOSED DISTRIBUTION Combined Balance for Distribution $406,078.28 Remaining as Per First and Final Account: As per this Item in Will: DOD value 11-30-03 value TO: Elaine Scholten Stephan l/2 of Davis New York Venture Fund no dividends in kind Second (a) $30,010.05 $34,690.23 1/2 of Evergreen Municipal Bond Funds dividends reinvested in kind Second (b) $46,050.09 $50,053.49 TO: Rosalind S. Gainsborg l/2 of Davis New York Venture Fund no dividends in kind Second (a) $30,0 I 0.05 $34,690.23 l/2 of Evergreen Municipal Bond Funds dividends reinvested in kind Second (b) $46,050.09 $50,053.49 Cash from sale of SCANA Corp., formerly cash Second (I) $23,679.97 $23,679.97 Public Service of North Carolina TO: Stephan Children Trust; Willis Spaulding, Trustee 2/3 of Lord Abbett Affiliated Funds TO: Adriana DeBolt Stephan Trust, Willis Spaulding, Trustee l/3 of Lord Abbett Affiliated Funds TO: Paul B. Stephan IV All Home Products shares [now Wyeth] dividends received during admin TO: George F. W. Stephan all MSDW Municipal Income Trust, now Morgan Stanley Tax Exempt dividends received during admin TO: Restricted savings account at M&T Bank l/4 of all shares in United Income Fund, now WR Advisors Core Investment A TO: Restricted savings account at M&T Bank 1/4 of all shares in United Income Fund, now WR Advisors Core Investment A TO: Restricted savings account at M&T Bank l/4 of all shares in United Income Fund, now WR Advisors Core Investment A dividends reinvested in kind Second (d) $35,490.97 $32,834.13 dividenOs reinvested in kind Second (e) $16,417.07 $17,745.49 in kind Second (t) $6,991.60 $5,516.00 cash $161.00 $161.00 in kind Second (g) $10,809.93 $11 ,060.46 cash $579.66 $579.66 dividends reinvested cash Second (h) $20,649.78 $20,640.17 dividends reinvested cash Second (h) $20,649.78 $20,640.17 dividends reinvested cash Second (h) $20,649.78 $20,640.17 Schedule of Prop. Dist. 1 12/12/03 TO: Joy G. Smith All Pepsico shares in kind Second (j) $14,706.00 $14,436.00 dividends received during admin $228.00 $228.00 TO: JustIn M. Smith All shares of MFS Intermediate Income Trust in kind Second (k) $9,747.00 $9,301.50 dividends received during admin $779.56 $779.56 TO: Edward R. Gainsborg, Jr. All shares of Am. Funds Invest. Co of America dividends ~invested in kind Second (I) $14,828.51 $16,597.18 TO: Richard E. Gainsborg 1/2 of Evergreen Capital and Preservation, now in kind Second (m) $6,063.22 $6,276.55 Evergreen Adj Rate A Fund 1/2 of all shares ofNiSource in kind Second (n) $4,344.00 $4,150.00 dividends received during admin cash $336.00 TO: Timothy B.A. Gainsborg 1/2 of Evergreen CapItal and Preservation, now dividends reinvested in kind Second (m) $6,063.22 $6,276.55 Evergreen Adj Rate A Fund 1/2 of all shares ofNiSource in kind Second (n) $4,344.00 $4,150.00 dividends received during admin cash $672.00 $336.00 TO: Elaine Scholten Stephan 1/2 interest in Tanglewood in kind Fifth $750.00 $750.00 TO: Rosalind S. Gainsborg 112 interest in Tanglewood in kind Fifth $750.00 $750.00 Subtotals: $368,818.49 $390,008.82 TO: Elaine Scholten Stephan 112 of residue cash Fifth $/8.629.89 $13,023.35 TO: Rosalind S. Gainsborg 112 of residue cash Fifth $]8.629.89 $13,023.35 Totals: $406,078.28 $416,055.52 STATEMENT OF REASONS FOR THE PROPOSED DISTRIBUTION: This distribution is in accordance with the last will of Agnes Frances Scholten. The paragraph of the will related to each distribution is noted. The will is attached to the accounting, filed with this schedule. V~~~~ Elaine Scholten Stephan Schedule of Prop. Disl. 2 12/12/03 Acknowledoement COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I, Elaine Scholten Stephans, being duly sworn according to law, depose and say that the facts set forth in the Statement of Proposed Distribution are true and correct. )/~~r' CI::M$ ~ Elaine Scholten Stephan NOTARIAl SEAL SHELLY SEXTON, Notary Public CarllsIe Bora, Cumberland Counly My Commlsslon Expires April 26, 2007 Schedule of Prop. Dist. 3 12/12/03