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HomeMy WebLinkAbout06-24-11 IN THECOURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Orphans Court Division IN RE: ESTATE OF WENDELL B. STOCKDALE, JR., ESTATE NO. 2009-01040 DECEASED PETITION FOR ADJUDICATION / STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.C. Rule 6.9 This form may be used in all cases involving the Audit of the Account of a Decedent's Estate. If space is insufficient, riders may be attached. Attach the spouse's election, if any; the papers required under items 8-19 inclusive; and any instrument pertinent to the adjudication. INCLUDE ATTACHMENTS AT THE BACK OF THIS FORM. Name of Counsel: Supreme Court I.D Name of Law Firm: Address: Telephone: Fax: Stephen J. Dzuranin No.: 52653 Wix, Wenger & Weidner 508 N. Second Street P.O. Box 845, Harrisburg, PA 17108-0845 (717) 234-4182 (717) 234-4224 1. Name(s) and address(es) of Petitioner(s): Name: Wendell B. Stockdale, Sr. and Jane Stockdale Co-Executors of the Estate of Wendell B. Stockdale, Jr. Address: 47 Deer Ford Drive Lancaster, PA 17601 ~ _., o ~-; -., - ~ -v c-~ ~~ ~ c=~ ~~n ~_ ~;; -,, J -'~ ~ - ,. .'~ - _~ -:, ~.> s-n i° ?' ~" ~ `,~ ~.~:.~ Identify any executors or administrators who have not joined in the Petition for Adjudication and Statement of Proposed Distribution and state reason: None Is this the first accounting by this fiduciary? ....................................... [XX] Yes [ ] No ESTATE OF WENDELL B. STOCKDALE, JR., DECEASED If not, identify prior accountings, the accounting periods covered, and the date of adjudication of the prior accounting. None 2. Decedent died on October 29, 2009, [XX] Letters Testamentary were granted to Petitioner(s) on November 11, 2009 Date of Will (if applicable): February 15, 1999 Date(s) of Codicil(s) ~f applicable): None Date of probate ~f different from date Letters granted): Was a bond required? [ ]Yes [XX] No If yes, state amount: N/A Are proofs of advertising of the grant of Letters attached? .................. [XX] Yes [ ] No Dates of advertising of the grant of Letters: January 29, 2010; February 5, 2010 and February 12, 2010; February 1, 2010• February 8, 2010 and February 15 2010. 3. Was decedent survived by a spouse? ......................................... [ ]Yes [XX] No If yes, name of the surviving spouse: not applicable 4. Has the surviving spouse filed to take an elective share? N/A ... [ ]Yes [ ] No (See Section 2201 el seg, of the Probate, Estates and Fiduciaries Code) If yes, date of election: not applicable 5. In the case of an intestacy, state the names of the decedent's surviving children or surviving issue of deceased children (if none, so state): None 6. Did decedent marry after execution of Will or Codicil(s)? ............. [ ]Yes [XX] No Were any children born to decedent after execution of Will or Codicil(s)? .................................... [ ]Yes [XX] No If yes, give names and dates of birth: Name: Date of Birth: N/A ESTATE OF WENDELL B. STOCKDALE, JR., DECEASED 7. If required by the Medical Assistance Estate Recovery Act, 62 P.S. § 1412, was a request for a statement of claim sent to the Department of Public Welfare? [XX]Yes [ ] No 8. Written notice of the Audit as required by Pa. O.C. Rules 6.3, 6.7 and 6.8 has been or will be given to all parties in interest listed in item 9 below, all unpaid creditors and all claimants listed in item 10 below. In addition, notice of any questions requiring Adjudication as discussed in item 14 below has been or will be given to all persons affected thereby. [ ] A. If Notice has been given, attach a copy of the Notice as well as a list of the names and addresses of the parties receiving such Notice. [XX] B. If Notice is yet to be given, a copy of the Notice as well as a list of the names and addresses of the parties receiving such Notice shall be submitted at the Audit together with a statement executed by a Petitioner or counsel certifying that such notice has been given. A copy of the Notice is attached. [ ] C. If any person entitled to Notice is not sui juris (e.g., minors or incapacitated persons), Notice of the Audit has been or will be given to the appropriate representative on such party's behalf as required by Pa. O.C. Rule 5.2. [ ] D. If any charitable interest is involved, Notice of the Audit has been or will also be given to the Attorney General as required under Pa. O.C. Rule 5.5. In addition, the Attorney General's clearance certificate (or proof of service of Notice and a copy of such Notice) must be submitted herewith or at the Audit. 9. List all parties (charitable and non-charitable) of whom Petitioner(s) has/have notice or knowledge, having or claiming any interest in the estate as beneficiaries under the Will or Codicil(s) or as intestate heirs if there is a complete or partial intestacy: A. State each party's relationship to the decedent and the nature of each party's interest(s): ESTATE OF WENDELL B. STOCKDALE, JR., DECEASED Name and Address of Relationship and Interest Each Part in Interest Comments, if an Mid Penn Bank Successor Trustee of Appointed by both of the 340 Union Street Two Trusts created Decedent's sons when Millersburg, PA 17061 under Decedent's Will named Trustee refused to serve. David E. Stockdale Son of Decedent Sole Beneficiary of Trust 2222 Gleim Court under Will with '/2 Enola, PA 17025 interest in the Estate. James W. Stockdale Son of Decedent Sole Beneficiary of Trust 2222 Gleim Court under Will with '/z Enola, PA 17025 interest in the Estate. Laurie Jo Stockdale Former Wife of the Potential Creditor 2222 Gleim Court Decedent (divorced Enola, PA 17025 March 20, 2009) B. Identify each party who is not sui juris (e.g., minors or incapacitated persons). For each such party, give date of birth, the name of each Guardian and how each Guardian was appointed. If no Guardian has been appointed, identify the next of kin of such party, giving the name, address and relationship of each. None. C. State why a Petition for Guardian/Trustee Ad Litem has or has not been filed for this Audit (see Pa. O.C. Rule 12.4). Not applicable D. If distribution is to be made to the personal representative of a deceased party, state date of death, date and place of grant of Letters and type of Letters granted. Not applicable 10. Other than the claim for the family exemption, list the names of all known claimants and the amount of their claims and state whether each claim is admitted. Name and Address of Each Claimant Amount of Claim Claim Admitted? Will Claim Be Paid IN Full? Laurie Jo Stockdale Unliquidated [ ]Yes [ ]Yes j 2222 Gleim Court [XX] No [XX] No ~ Enola, PA 17025 ESTATE OF WENDELL B. STOCKDALE, JR., DECEASED Wix, Wenger & Weidner Accumulating [XX] Yes [XX] Yes 508 N. Second Street (See [ ] No [ ] No P.O. Box 845 paragraph 10 ~'~ Harrisburg, PA 17108 on the attached ~ Schedules) Keith R. Huntzinger, Accumulating [XX] Yes [XX] Yes CPA, CPP, CSEP, MST (See [ ] No [ ] No 516 W. Main Street paragraph 10 Middletown, PA 17055 on the attached L Schedules) If the estate is insolvent, attach a schedule setting forth the order of preference under 20 Pa.C.S. § 3392 and the proposed payments. 11. Was family exemption claimed? ................................................. [XX] Yes [ ] No Was family exemption allowed? .................................................. [XX] Yes [ ] No Family exemption claimant's name and relationship: Name: David E. Stockdale '/z Relationship: Son Name: James W. Stockdale '/2 Relationship: Son 12. The amount of Pennsylvania Transfer Inheritance Tax and additional Pennsylvania Estate Tax paid, the date(s) of payment(s), and the interest(s) upon which paid, are as follows: Date Payment Interest July 16, 2010 3 294.35 0 September 3, 2010 318.89 0 13. On the date of death, was the decedent a fiduciary (personal representative, trustee, guardian, agent under power of attorney) or surety on the bond of a fiduciary? [ ]Yes [XX] No If yes, provide the name of the estate, indicate whether an account has been filed and confirmed absolutely and all awards performed, or, in the alternative, how the decedent's estate will be discharged for the decedent's fiduciary administration of the estate. N/A ESTATE OF WENDELL B. STOCKDALE, JR., DECEASED 14. A. Describe in detail any questions requiring adjudication and state the position of the Petitioner(s) as to each question: The Petitioners have filed, concurrently herewith the First and Partial Accounting and request this Court to approve the Accounting and all receipts and disbursements made thereunder. In addition to payment of all expenses set forth on the Accounting, all of the non-liquid assets of the Estate (consisting of Columbia Water Company Stock, firearms, coin collection, notes receivable and numerous other personal items of the Decedent) have been or are in the process of being distributed to the Trustee or to the beneficiaries of the Trusts set forth in the Decedent's Will, as well as a partial distribution of a total of $235,000 ($117,500 for each Trust) to the Trustee as a partial distribution and funding of the Trusts pursuant to a Stipulation on Petition Seeking Partial Funding of Testamentary Trusts (the "Stipulation"), which Stipulation was entered as an Order of Court on June 14, 2011 and in exchange for which the Trustee has executed a Limited Receipt and Release for Partial Funding of Testamentary Trusts dated June 21, 2011, a cop of which is attached hereto as Exhibit A and incorporated herein by reference. Co-Executors propose to retain the balance of the funds in the Estate ($132,177.11 as of June 24, 2011) until resolution of unliquidated claims relating to income tax consequences of employee Benefit Payments involving the Decedent's ex-wife and commitments related thereto, and defense of threatened surcharge action by Trustee for attorney's fees or other claims asserted or paid and to be paid. Upon resolution and payment of all such claims and the complete release of the Co-Executors from any obligations relative to the Estate, the remaining liquid assets of the Estate shall be distributed to the Trustee to complete funding of the Trusts in equal shares. B. Has notice of the question requiring adjudication been given to the parties identified in Paragraph 9 above? ................ [X2] Yes [ ] No 15. If Petitioner(s) has/have knowledge that a share has been assigned, renounced, disclaimed or attached, provide a copy of the assignment, renunciation, disclaimer or attachment, together with any relevant supporting documentation. N/A 16. Had the decedent been adjudicated an incapacitated person? ..[ ]Yes [XX] No If yes, attach a copy of the Order if available; otherwise state the Court, term, number, date, and name of Hearing Judge. N/A 17. A. List or attach a separate list of additional receipts and disbursements since the closing date of the Account. ' As of the date of filing of this Petition, this Limited Release has been forwarded to the Petitioners' counsel to hold in escrow pending clearance of the funds and completion of transfer of other personal property pursuant to the Stipulation. By notice of and with the instant Petition ESTATE OF WENDELL B. STOCKDALE, JR., DECEASED B. Has notice of the additional receipts and disbursements been given to the parties identified in Paragraph 9 above? ........................... [XX] Yes [ ]No 18. If a reserve is requested, state amount and purpose. Amount: No. However, the response to paragraph 14 is incorporated herein by reference as if set forth in full. Purpose: Held for resolution of unliquidated claims, and defense of objections from Trustee to accounting. If a reserve is requested for counsel fees, has notice of the amount of fees to be paid from the reserve been given to the parties in interest? [X3] Yes [ ] No If so, attach a copy of the notice. 19. Is the Court being asked to direct the filing of a Schedule of Distribution? ............................................ [ ]Yes [XX] No As to real estate only? ............................................................. [ ]Yes [XX] No By notice of and with the instant Petition. ESTATE OF WENDELL B. STOCKDALE, JR., DECEASED Wherefore, your Petitioner(s) ask(s) that distribution be awarded to the parties entitled and suggest(s) that the distributive shares of income and principal (residuary shares being stated in proportions, not amounts) are as follows: A. Income: Proposed Distribution(s) Retained for Further Administration B. Principal: Proposed Distribution(s) Amount/Proportion Retained for Further Administration Amount/Proportion See paragraph 14 hereof See paragraph 14 hereof Submitted By: (All petitioners must sign. Ad additional lines if necessary): Name of Petitioner: endell B. Stockdale, Sr. ~r~I /uC./ ame of Petitioner: Jan Stockda e Dated: June 24, 2011 ESTATE OF WENDELL B. STOCKDALE, JR., DECEASED Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies that the facts set forth in the foregoing Petition for Adjudication /Statement of Proposed Distribution which are within the personal knowledge of the Petitioner are true, and as to facts based on the information of others, the Petitioner, after diligent inquiry, believes them to be true; and that any false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 (relating to unsworn falsification to authorities). ,~ Wendell B. ockdale, Co-Executor "y _ . ` Jane Stockdale, Co-Exe utor Certification of Counsel The undersigned counsel hereby certifies that the foregoing Petition for Adjudication/ Statement of Proposed Distribution is a true and accurate reproduction of the form Petition authorized by the Supreme Court, and that no changes to the form have been made beyond the responses herein. ~, Wix, Weer & Step n J. D ura , I.D. # 52653 x`08 rth S con treet P.O. Box 845 Harrisburg, PA 17108 0845 Telephone No.: (717) 234 4182 Attorneys for Petitioners Dated: June 24, 2011 ESTATE OF WENDELL B. STOCKDALE, JR., DECEASED Schedules to Petition for Adjudication Estate of Wendell B. Stockdale, Jr. Deceased 10. Petitioners propose to pay the claims of Wix, Wenger & Weidner and of Keith R. Huntzinger, CPA, CPP, CSEP, MST, as they are finally determined. Petitioners propose to pay nothing on the claim of Laurie Jo Stockdale and to distribute the balance of the liquid assets of the Estate to the Trustee named in paragraph 9.A. of the Petition in equal shares for the Trusts identified in paragraph 9.A of the Petition. 17. See Attached Exhibit B, which is incorporated herein by reference. EXHIBIT B TO SCHEDULES TO PETITION FOR ADJUDICATION BELCO Balance as of May 31, 2011 $252,371.22 Partial Distribution to Trusts (June 17, 2011) $235,000.00 Current Balance as of June 24, 2011 $ 17,371.26 PBC Bank Balance as of May 31, 2011 $117,490.85 6/ /11 -Keith Huntzinger, CPA $ 2,205.00 6/24/11 - Wix, Wenger & Weidner (for filing fee) $ 480.00 Current Balance as of June 24, 2011 $114.805.85 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tames Kleinklaus, Director of Sales and Marketing of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13~, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): February 1, 8 and 15, 2010 COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not ~' '~ interested in the subject matter of the The ESTATEOF WENDELL B. STOCKDACE, JR:, de~ease~ ioi2st2oos, aforesaid notice or advertisement, and that late ofSiNer Spring Township, Cumbed8nd County, PenaajNVar~a, hereby notifies all persons indebted to said Estate promptly to make payment and all alle atlons in the fore Oln statement aS those having claims shall present them. promptly for payment to: WENDELL g g g B. STOCKDALE, SR. and JANE STOCKDAEE, CO-EXECUTORS, 47 Deer t0 tune, place and character of publication FoMd Drive, Lancaster, PA 17601, or to Robert C. Spitzer, 7;8quite, Wix, Wenger & Weidner, P:C., 508 North Second Street, P.O. Box845, are true. Harrisburg, PA 17708. r, Swo n to and subscribed before me this ~-~~?r?~ J~l© ,~, . Notary Public My commission expires: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL TAMMY S. l3RICKNER, Notary Public Caliisle ~3oro., Cumberland County My Commission Expires May 13, 2010 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 29 February 5 and Februar 12 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~- Marie Coyne, SWORN TO AND SUBSCRIBED before me this 12 day of February 2010 Stoclkdale, Weadelll B., Jr., decd. Late of Silver Spring Township. Co-Executors: Wendell B. Stock- dale, Sr. and Jane Stockdale, 47 Deer Ford Drive, Lancaster, PA 17601. Attorneys: Robert C. Spitzer, Es- quire, Wix, Wenger & Weidner, P.C., 508 N. Second Street, P.O. Box 845, Harrisburg, PA 17108. .--~ .,, ~ ~..D~~ ~~ Notary ,~'~ ~~~ NOTARIAL 5EA~- L~~~~ DE80RAN A COLLINS Notary Public CARLISLE BORO, CUMEERLAND COUNTY My Commission Expires Apr 28, 0 i 0 :, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNT, PENNSYLVANIA Orphans Court Division IN RE: ESTATE OF WENDELL B. STOCKDALE, JR., Estate No. 2009-01040 Deceased NOTICE Notice is hereby given to all persons interested that Wendell B. Stockdale, Sr. and Jane Stockdale, Co-Executors of the Estate of Wendell B. Stockdale, Jr., late of Silver Spring Township, Cumberland County, Pennsylvania, deceased, have filed a First and Partial Account of said Estate, together with a statement proposed distribution of the balances shown by such account, in the offices of the Register of Wills and the Clerk of the Orphans' Court of said County, which account and statement will be presented to said Court on August 23, 2011 at 9:30 a.m. in Courtroom #1, when the same will be confirmed and approved and a decree of distribution as proposed will be made, unless written exceptions thereto are filed prior to said confirmation. WIX, WF~(GER & By: ~.~'Stepn J"Dzur ~in, I: # 52653 1' Rob C. Spitz , I.D. 6264 508 North Seco d Street ~.1~" P.O. Box 845 Harrisburg PA 17108-0845 (717) 234-4182 Attorneys for Wendell B. Stockdale, Sr. and Jane Stockdale t~ ~~' `fit ~ ~ ~ , L. ~ ~^ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Orphans Court Division IN RE: ESTATE OF WENDELL B. STOCKDALE, JR., ESTATE NO. 2009-01040 Deceased FIRST AND PARTIAL ACCOUNT OF WENDELL B. STOCKDALE, SR. AND JANE STOCKDALE, CO-EXECUTORS for the ESTATE OF WENDELL B. STOCKDALE, JR., Deceased Date of Death: October 29, 2009 Date of Co-Executors' Appointment: November 11, 2009 Account stated through: May 31, 2011 Dates of Advertisement: The Sentinel: February 1, 2010; February 8, 2010; and February 15, 2010 Cumberland Law Journal: January 29, 2010; February 5, 2010; and February 12, 2010 Purpose of Account: Wendell B. Stockdale, Sr. and Jane Stockdale, Co-Executors, offer this Account to acquaint interested parties with the transactions that have occurred during the Administration of the Estate through May 31, 2011. The Account also indicates the proposed distribution of the Estate. It is important that the Account be carefully examined. Requests for additional information or questions or objections can be discussed with: Stephen J. Dzuranin, Esquire WIX, WENGER & WEIDNER 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 r- r,-+ c '" '~ ~ .rJ ~ r- _- = ~ - v x - __ ~~~L~ '~? ~ -, __ 7 -r1 -.,. ~ i cn ;a ~r, p FIRST AND PARTIAL ACCOUNTING FOR THE ESTATE OF WENDELL 8. STOCKDALE, JR. WENDELL B. STOCKDALE, SR. & JANE STOCKDALE, CO-EXECUTORS DATE OF DEATH: 10/2912009 DATE OF APPOINTMENT OF CO-EXECUTORS: 11/6/2009 ACCOUNTING STATED FROM 11/6/2009 TO: 5/31/2011 DATE OF FIRST COMPLETE ADVERTISEMENT: 2/15/2010 Purpose of Account: Co-executors offer this account to acquaint interested parties with the transactions that have occurred during their administration It is important that the account be carefully examined. Requests for additional information or questions or objections can be discussed with: Steven Dzuranin, Esq., 717-234-4182, Box 845, Harrisburg, PA 17102 FIDUCIARY SUMMARY OF ACCOUNT ACQUISITION PAGE CURRENT VALUE PROPOSED DISTRIBUTIONS TO BENEFICIARIES: VALUE PRINCIPAL RECEIPTS 1 $786,230.46 NET GAIN/LOSS ON SALE/DISPOSIT 2 $9,483.00 $795, 713.46 LESS DISBURSEMENTS DEBTS 3 $217,246.02 FUNERAL EXPENSES 3 $7,333.42 FAMILY EXEMPTION 3 $3,500.00 ADMINISTRATION EXPENSES 3 $52,561.30 FEDERAL/STATE TAXES 3 $28,129.26 FEES AND COMMISSIONS 4 $72,721.35 $381,491.35 BALANCE BEFORE DISTRIBUTIONS DISTRIBUTIONS TO BENEFICIARIES 4 PRINCIPAL BALANCE ON HAND FOR INFORMATION: INVESTMENTS MADE: CHANGES IN HOLDINGS INCOME RECEIPTS 5 LESS DISBURSEMENTS BALANCE BEFORE DISTRIBUTIONS DISTRIBUTIONS TO BENEFICIARIES INCOME BALANCE ON HAND COMBINED BALANCE ON HAND $414,222.11 $1,835.08 $412, 387.03 $2,119.50 $0.00 $2,119.50 $0.00 $2,119.50 $414,506.53 RECEIP INVENTORY VALUES PER ATTACHED: SUPPLEMENTAL INVENTORY: Life Insurance Proceeds (See schedule 1 ) IRA Distribution Employment Benefits from Roche (See schedule 2 ) ADJUSTMENTS TO CARRYING VALUES ADJUSTED VALUE INVENTORY VALUE TOTAL RECEIPTS OF PRINCIPAL GAINS/LOSSES ON SALE OR DISPOSITION: DATE: ASSET $342,241.44 $342,241.44 $316,147.69 $2,733.29 (Info only on supplemental inventory) $125,108.04 $443,989.02 (Info only on supplemental inventory) (Info only on supplemental inventory) $0.00 $0.00 $0.00 $786,230.46 GAIN LOSS 1/7/2010 NET PROCEED: Toyota Highlander $7,000.00 $0.00 ACQUISITION VALUE: $7,000.00 $0.00 2/22/2010 NET PROCEED: Ford F-150 Truck $300.00 $0.00 ACQUISITION VALUE: $300.00 $0.00 5/11/2010 NET PROCEED: Toyota Forerunner $7,086.50 $0.00 ACQUISITION VALUE: $7,086.50 $0.00 (Not in original inventory) Various NET PROCEED Roche Benefits $6,499.05 $155.11 ACQUISITION VALUE: $6,343.94 $0.00 9/8/2010 NET PROCEED Residence $236,826.63 $14,346.63 ACQUISITION VALUE: $222,480.00 $0.00 NET PROCEED Goodwill donations $0.00 $0.00 ACQUISITION VALUE: $1,200.00 ($1,200.00) NET PROCEED Fulton Bank stale ck $155.11 $0.00 ACQUISITION VALUE: $155.11 $0.00 NET PROCEED Columbia Wtr stale c $116.30 $0.00 ACQUISITION VALUE: $116.30 $0.00 NET PROCEEDS Kronos stale checks $59.50 $0.00 ACQUISITION VALUE: $59.50 $0.00 NET PROCEED Wash Mutual stale c $2,000.17 $0.00 ACQUISITION VALUE: $2,000.17 $0.00 9/8/2010 NET PROCEED Misc uncashed chec $0.00 $0.00 ACQUISITION VALUE: $360.22 ($360.22) (See schedule 3 ) 9/8/2010 NET PROCEED PA escheat claim $1,208.72 $0.00 ACQUISITION VALUE: $3,104.89 ($1,896.17) NET PROCEED OH unclaimed grope $97.14 $0.00 ACQUISITION VALUE: $97.14 $0.00 5/21/2010 NET PROCEED Household good auc $6,066.30 $0.00 ACQUISITION VALUE: $7,080.00 ($1,013.70) NET PROCEED Fulton Bank stock $491.31 $43.59 ACQUISITION VALUE: $447.72 $0.00 NET PROCEED: NL Industries stock $249.02 $23.62 ACQUISITION VALUE: $225.40 $0.00 NET PROCEED Chefs Internal/. Stoc $0.00 $0.00 ACQUISITION VALUE: $7.20 ($7.20) NET PROCEED Kronos stock $1,007.92 $539.79 ACQUISITION VALUE: $468.13 $0.00 NET PROCEED Worthless securities $0.00 $0.00 ACQUISITION VALUE: $1,148.45 ($1,148.45) (See schedule ) TOTAL GAINS AND LOSSES $15,108.74 ($5,625.74) LESS LOSSES $5,625.74 NET GAIN/LOSS: $9,483.00 DISBURSEMENTS OF PRINCIPAL DEBTS OF DECEDENT DATE: CREDITOR/NATURE 11/7/2009 Natural Lawns for lawn maintenance $149.46 1/31/2010 2008 PA Income tax return balance due $7.00 1/31/2010 2008 West Shore local tax return balance due $2,067.78 3!17/2010 2009 West Shore local tax return balance due $1,773.58 11/18/2009 American Express credit card bill $1,334.74 11/28/2009 Cabela's credit card bill $1,653.99 11/28/2009 Medical bill to Dr. Mueller $20.96 11/15/2009 Allstate auto insurance bill $186.00 10!29/2009 Chase Mortgage on personal residence $ 210,052.51 $217,246.02 FUNERAL EXPENSES: 1 111 312 009 Myers Funeral Home $4,219.50 3/17/2010 Myers Funeral Home - Um $145.00 8/16/2010 Grave Opening $845.00 11/16/2010 Heritage Estate Group -Grave marker $1,300.00 (Subsequent to Inheritance Tax Return) 1/16/2010 Trinity Lutheran Church $823.92 $7,333.42 (Subsequent to Inheritance Tax Return) FAMILY EXEMPTION: 7!16/2010 David Stockdale $1,750.00 7/16/2010 James Stockdale $1,750.00 $3,500.00 ADMINISTRATION EXPENSES: PROBATE FEES (See schedule) $854.60 APPRAISALS 4/24/2010 Home appraisal $350.00 1/4/2010 Home appraisal $159.00 1/4/2010 Firearms appraisal $280.00 3/16/2010 Coins appraisal $159.00 OTHER: 10/29/09-7/16/10 Safe deposit box rental for storage of coins, Bank fee $130.00 1/28/2011 Safe deposit box rental for storage of coins $120.00 7/17!10-5/31/11 Bank fees $12.00 (Subsequent to Inheritance Tax Return) 10/29/09-7/16/10 Check printing fees $70.10 (Subsequent to Inheritance Tax Return) 10/29/09-7/16/10 Postage & supplies for administration $233.81 7/17/10-5/31/11 Supplies for administration, Death certificates $1,532.80 7/17/10-5131/11 Mileage paid to executors $853.16 (Not on Inheritance Tax Return) 7/17/10-5/31/11 Storage of decedent's personal belongings $308.92 (Not on Inheritance Tax Return) 12!5/2009 Duplicate titles to vehicles $71.50 (Not on Inheritance Tax Return) 7/17/10-5/31/11 Insurance on vehicles $205.20 (Not on Inheritance Tax Return) 1 0129/09-7/1 6/1 0 Keith Huntzinger, CPA for accountingltax prep servic $1,375.00 (Not on Inheritance Tax Return) 7/17/10-5/31/11 Keith Huntzinger, CPA for accounting/tax prep servic $3,135.00 1 0/29109-918/1 0 Expenses to maintain residence & prepare for sale $16,008.19 (Subsequent to Inheritance Tax Return) 3/5/2010 Home inspection $325.00 10/29/09-9/8/10 Insurance on personal residence $1,053.99 9115/2010 Additional escrow expense -sale of residence $1,332.78 10/29/09-9/8/10 Chase Home Finance for mortgage payments $19,257.84 12/13/2009 Life insurance proceeds received in error (See sched ($8,600.75) (Not on Inheritance Tax Return) 12/13/2009 Life insurance proceeds distributed $4,300.38 (Not on Inheritance Tax Return) 12!13/2009 Life insurance proceeds distributed $4,300.37 (Not on Inheritance Tax Return) 1 111 0/20 0 9 Firestone for vehicle maintenance $31.26 (Not on Inheritance Tax Return) 11/13/2009 Qualitech to recover data on decedent's computer $37.10 (Not on Inheritance Tax Return) 11/13/2009 Shipping for computer printer $14.00 1/30/2010 Firestone for vehicle inspection $177.09 (Not on Inheritance Tax Return) 7/17/10-5/31/11 Uncategorized expenses to balance accounting $960.30 10/29/09-9/8/10 PA American Water for water service $397.24 (Not on Inheritance Tax Return) 6/1/2010 Penn Waste for trash disposal $141.06 (Not on Inheritance Tax Return) 10/29/09-9/8/10 PPL for electric service $2,360.20 (Not on Inheritance Tax Return) 10/29/09-9/8/10 Verizon for residential telephone service $65.83 (Not on Inheritance Tax Return) 10/29!09-9/8/10 Amerigas for natural gas service $139.82 (Not on Inheritance Tax Return) 10/29/09-9/8/10 Comcast for TV/Internet service $409.71 $52,561.30 (Not on Inheritance Tax Return) (Not on Inheritance Tax Return) FEDERAL AND STATE TAXES: 7/16/2010 PA Inheritance Tax $3,294.35 7 /1 612 0 1 0 Additional PA Inheritance Tax $318.89 9/23/2010 2009 PA Fiduciary Tax $8.00 (Not on Inheritance Tax Return) 9/18/2010 Federal tax withheld on employment benefits $62,554.02 (Subsequent to Inheritance Tax Return) 11 /5!2010 2009 Federal Fiduciary Tax Refund ($38,053.00) (Subsequent to Inheritance Tax Return) 3117/2010 2009 PA Income Tax balance due $7.00 $28,129.26 (Subsequent to Inheritance Tax Return) (Not on Inheritance Tax Return) FEES: 6/17/2010 Wix, Wenger & Weidner, P.C. Attorneys $20,000.00 6/17/2010 Wix, Wenger ~ Weidner, P.C. Attomeys 7/14/2010 Wix, Wenger & Weidner, P.C. Attomeys 7/14/2010 Receipt of note for beneficiaries' legal fees 11/11/2010 Wix, Wenger & Weidner, P.C. Attomeys 4/4/2011 Wix, Wenger & Weidner, P.C. Attorneys Fiduciary fees OTHER TOTAL FEES: TOTAL DISTRIBUTION OF PRINCIPAL TO BENEFICIARIES DATE: RECIPIENT/ ITEM David Stockdale - PNC joint account David Stockdale -PNC joint account James Stockdale -PNC joint account $30,000.00 $4,000.00 ($4,000.00) $8,059.59 $14,661.76 $0.00 $0.00 $72,721.35 $381,491.35 $1,201.57 $554.78 $78.73 TOTAL DISTRIBUTIONS OF PRINCIPAL TO BENEFICIARIES $1,835.08 PRINCIPAL BALANCE ON HAND: CURRENT FIDUCIARY VALUE ACQUISITION VALUE CASH PNC Bank Checking $117,490.85 $117,490.85 Belco Credit Union Savings $252,044.06 $252,044.06 Belco Credit Union Share Account $5.00 $5.00 STOCKS BONDS Columbia Water Co. stock (40 shares) NOTES RECEIVABLE From David Stockdale From David Stockdale From James Stockdale From James Stockdale OTHER Coin collection Gun collection Held for further administration -See schedule 4 $700.00 $700.00 $12,425.00 $12,425.00 $930.00 $930.00 $14,846.50 $14,846.50 $2,000.00 $2,000.00 $10,310.12 $10,310.12 $3,755.00 $3,755.00 $414,506.53 $414,506.53 COST INFORMATION SCHEDULES PRINCIPAL DATE: ITEM INVESTMENTS MADE: TOTAL: CHANGES IN INVESTMENT HOLDINGS: TOTAL: DIVIDENDS RECEIPTS OF INCOME STOCK: AMOUNT )/29/09-5/31/11 Columbia Water Company $44.00 10/29/09-5131/11 Fulton Bank $1.56 10/29/09-5/31/11 NL Industries $4.38 10/29/09-5/31/11 Kronos $25.50 $0.00 $44.00 $1.56 $4.38 $25.50 $0.00 $0.00 $0.00 (Not on Inheritance Tax Retum) (Subsequent to Inheritance Tax Retum) (Subsequent to Inheritance Tax Return) (Subsequent to Inheritance Tax Return) (Subsequent to Inheritance Tax Return) $0.00 $0.00 $75.44 INTEREST: PAYOR 10129/09-5/31/11 Belco Credit Union $2,044.06 $2,044.06 $2,044.06 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL: $2,119.50 DATE: PAYEE DISBURSEMENTS OF I EXR INCOME COMMISS $0.00 TAX ALLOCABLE TO INC OME $0.00 TOTAL: $0.00 DATE: T0: DISTRIBUTIONS OF INC TRUSTEE $0.00 $0.00 TOTAL: $0.00 CURRENT FIDUCIARY TO VALUE ACQUISITION PROPOSED DISTRIBUTION TO BENEFICIARIES VALUE TRUSTEE $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL: $0.00 $0.00 SCHEDULES TO FIRST AND PARTIAL ACOUNT ACCOUNT OF WENDELL B. STOCKDALE, SR. AND JANE STOCKDALE, CO-EXECUTORS FOR THE ESTATE OF WENDELL B. STOCKDALE, JR., Deceased Life Insurance Proceeds. a. Uncle and/or Aunt of Decedent's sons were beneficiaries and received $8,600.75 in life insurance proceeds on Decedent's death. They paid these proceeds to Estate in error. The Executors paid 1/2 of the proceeds to each of the Decedent's sons. b. Decedent's former wife, Laurie Jo Stockdale, was, prior to the divorce from the decedent, a designated beneficiary of two employee benefit plan related life insurance policies ($94,000.00 and $188,000.00 plus interest of $5,881.21; a total of $28,788.21). Laurie Stockdale filed claims to these proceeds despite her agreement to waive any interest therein in the parties' Property Settlement and Separation Agreement dated January 19, 2009, Supplementary Agreement of January 21, 2010; and Confirmation/Waiver of Benefits of January 12, 2010. The Co-Executors filed their own claim that the Estate was entitled to these proceeds. The Co-Executors and their counsel undertook extensive research to determine the complicated issue of entitlement to insurance proceeds in light of such conflicting claims and the impact of Federal ERISA statute upon the issue. Co-Executors and their counsel worked to secure the Estate's entitlement to such proceeds by presenting their claims and legal arguments supporting such claims to the administrator of the insurance policies and the former employer of the Decedent. After months of arguments and attempts to persuade the said administrator and Laurie Stockdale, the parties finally reach an agreement whereby the such proceeds were ultimately paid to the Estate and the Estate agreed, subject to limited conditions, to hold Laurie Stockdale harmless from any tax implications relative to the related issue of payment of employee benefits and such proceeds if she adhered to the terms of the Agreement (which she did not). The parties' agreement is attached hereto as Exhibit A, which is incorporated herein by reference. c. The Estate was the named beneficiary with Prudential Life Insurance Company and received proceeds ($28,047.57) and interest ($218.91) thereon on such policy for a total amount of $28,266.48. 2. Employee Benefits. At the time of Decedent's death, he maintained an employee benefits plan with Roche, which plan with interest totaled $158,351.84. The Co-Executors filed a claim with the said employer that the Estate was entitled to these proceeds. The Decedent's former wife also filed a claim to these proceeds. The Co- Executors and their counsel undertook extensive research to determine the complicated issue of entitlement to such employee benefits in light of such conflicting claims, which research involved the interaction of Pennsylvania and Federal laws including the Pennsylvania Probate Code, the Pennsylvania Divorce Law and the Federal ERISA statute. Co-Executors and their counsel worked to secure the Estate's entitlement to such proceeds by presenting their claims and legal arguments supporting such claims to administrator of the insurance policies and the former employer of the Decedent. After months of arguments and attempts to persuade the said administrator and Laurie Stockdale did the parties finally reach an agreement whereby the said proceeds plus interest and less withholding for Federal Taxes, a total of $125108.04, were paid to the Estate and the Estate agreed to hold Laurie Stockdale harmless subject to limited conditions from any tax implications relative to such proceeds. The parties' agreement is attached hereto as attached hereto as Exhibit A and is incorporated herein by reference. The Estate's Federal Income Tax Return showed receipt of the Employee Benefits from former wife, and took credit for withheld income taxes thereon, generating a Federal Income Tax refund of $38,053 to the Estate. In addition, the former wife filed her 2010 Federal Income Tax Return without the assistance of the Estate's accountant, as offered in the Agreement and included the benefits in her taxable income, and claimed the tax withholding as a credit against her taxes. The Co-Executors have recently received a check from the former wife's accountant tax refund based on the former wife's claiming the withholding from the employee benefits and tendered such refund in the amount of $26,868.00 to the Estate. However, because of her actions, both the Estate and the former wife claimed the credit for withheld taxes, which may result in a future tax liability to either the Estate or the former wife, or both. Note: Co-Executors fulfilled their responsibility to the former wife by offering the services of the Estate's CPA to assist in preparation of her return, which she did not exercise and provided a Memorandum for her to attach to her return explaining why the pension benefits were not taxable on her Income Tax Return and that Estate was legally entitled to the benefits and to the withholding therefrom. Note: The IRS may make claims against Estate and/or former wife, and, to obtain her cooperation to turn over the proceeds, the Estate agreed, subject to conditions, to indemnify her from claims related to this transaction. The Estate has, in a letter from the Co-Executor's counsel sent to Laurie Stockdale a request to be released from any further of liability to her relative to the life insurance proceeds and the employee benefits and potential further tax liability connected therewith, but have not received a response thereto. 3. Un-cashed Checks. Decedent's financial affairs were in a shambles at the date of his death. Co-Executors found at various places and at various times approximately 102 un-cashed and or stale-dated checks. Efforts to have these cashed with the Estate's stock broker and bank were largely unsuccessful. The project was assigned, in part, to counsel's paralegal, who assisted in processing claims for the checks, resulting in collections of $2,703.86 on such checks. 4. Firearms and Coin Collection. At his death, the Decedent owned a collection of firearms and coins, which were not sold at the request of the Decedent's sons, who are the beneficiaries of the Trusts established under Decedent's Will. At the request and direction of the Trustee of said Trusts, the said firearms and coin collection have been or will be distributed in kind pursuant to directions from the Trustee. SUPPLEMENTARY AGREEMENT This agreement is supplementary to, and intended to carry out the terms of that "PROPERTY SETTLEMENT AND SEPARATION AGREEMENT" dated January 19, 2009, between Wendell B. Stockdale, Jr., hereafter "DECEDENT" and Laurie J. Stockdale, "FORMER WIFE," hereafter AGREEMENT. BACKGROUND: This Supplementary Agreement is between Wendell B. Stockdale, Sr., and Jane Stockdale, in their capacities as Co- executors of the ESTATE of Wendell B. Stockdale, Jr., "ESTATE," and Laurie J. Stockdale, "FORMER WIFE." Wendell B. Stockdale, Jr., died October 29, 2009 after DECEDENT and FORMER WIFE entered into the above AGREEMENT, and after a divorce decree was entered in the Court of Common Pleas of Cumberland County, Pennsylvania, to number OS -- 3963 of 2009. The AGREEMENT was expressly incorporated into the Final Decree of Judge Ebert dated March 10, 2009. DECEDENT died before changing the beneficiary (or recipient) of vazious life insurance policies, employee benefits, and other similar arrangements from his FORMER WIFE to his ESTATE, or his children, or otherwise. The parties acknotivledge that, both pursuant to the AGREEMENT, and pursuant to the law of Pennsylvania, FORMER WIFE'S interests in these financial benefits generated by DECEDENT'S death are void and to no effect, and that such interests belong to the ESTATE of DECEDENT. The purpose of this Supplementary Agreement is to assure the proper disposition of such property interests, and to allow and accommodate the collection of such property interests from third parties in as simple, and informal manner as reasonably possible, without adverse consequences to FORMER WIFE. AGREEMENT: In consideration of the premises, the mutual promises contained in this Supplementary Agreement, and intending to be legally bound hereby, ESTATE and FORMER WIFE agree as follows: 1. FORMER WIFE agrees to deliver to ESTATE all proceeds of life insurance, employee benefits, and similar funds she receives by virtue of the death of the DECEDENT, and her having been named as a beneficiary or beneficial recipient under any policy or contract or the like, within 10 days of receipt thereof. 2. FORMER WIFE agrees to execute such documents as third parties request to enable collection of life insurance proceeds, employee benefits, and similar financial interests, in her name, but with the acknowledgment made hereunder to ESTATE that she is so proceeding as agent for the ESTATE, and with the obligation to endorse, or turnover all benefits she receives to the ESTATE. 3. ESTATE, for its part, agrees to indemnify and defend FORMER WIFE of and .from any claims that might be asserted against her for so preceding, or for so acting as intermediary to cause such benefits to be delivered to the ESTATE. This indemnification includes providing to FORMER WIFE such statements or memoranda to accompany her filing of an income tax return or returns to explain why interest or other financial benefit purportedly taxed to her should not be so taxed to her. If such statements or memoranda do not resolve any income tax question, the ESTATE agrees to be responsible for any income tax consequences FORMER WIFE may so encounter. 4. FORMER WIFE agrees to provide any and all documentation of financial benefits she might receive based upon the death of DECEDENT to the ESTATE, establishing the amounts of payment she makes to the ESTATE pursuant to her obligations above. LAURIE J. STOCKDALE: ~.~~ ESTATE OF WENDELL B. STOCKDALE, JR. ~ ~< ~ WENDELL B. STOCKD LE, SR. ~ ~~ ~~C~~~ NE STOCKDALE EXHIBIT A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Orphans Court Division IN RE: ESTATE OF WENDELL B. STOCKDALE, JR., ESTATE NO. 2009-01040 Deceased VERIFICATION Wendell B. Stockdale, Sr. and Jane H. Stockdale, Co-Executors under the Last Will and Testament of Wendell B. Stockdale, Jr., deceased, hereby declares under oath that they have fully and faithfully discharged the duties of their office; that the foregoing First and Partial Account is true and correct and fully discloses all significant transactions occurring during the accounting period; that all known claims against the Estate have been paid in full; that, to their knowledge, there are no claims now outstanding against the Estate, other than as set forth in the said First and Partial Account; and that all taxes presently due from the Estate have been paid. ~~~~~~ ~~ Wendell B. Stockdale, Sr., Co-Executor ane Stockdale, Co-Executor Sworn and subscribed to before me this .2~ day of June, 2011 \ - ' ~L~• Z y N ary Public y Commission Expires: (SEAL) 'AiTM F Y A I NOTARIAL SEAL JANICE E. YOCUM, Notary PubAc City of Harrisburg, Qeuphin County My Commission Expires March 02, 2014