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HomeMy WebLinkAbout02-05-13 Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division Fite No. 21-2009-0090 MECHANICSBURG CEMETERY ASSOCIATION PERPETUAL CARE FUND Third and Partial Account MECHANICSBURG CEMETERY ASSOCIATION, QUALIFIED TRUSTEE Accounting for the period: 01/01/2011 to 12/31/2012 Purpose of Account: MECHANICSBURG CEMETERY ASSOCIATION, QUALIFIED TRUSTEE offers this Account to acquaint interested parties with the transactions that have occurred during the Administration. It is important that the Account be carefully examined. Requests for additional information or questions or objections can be discussed with: RICHARD C. SNELBAKER SNELBAKER & BRENNEMAN, P.C. 44 WEST MAIN STREET MECHANICSBURG, PA 17055 717-697-8528 r•--' - ~ ,~ Mail ~ i ~"t~~ / .'~~ $,~, r. SUMMARY OF ACCOUNT MECHANICSBURG CEMETERY ASSOCIATION PERPETUAL CARE FUND Fnr the np~inrl ~f I~n~ary 1, 2011 through December 31.2012 SAGES PRINCIPAL Receipts: This Account Net Gain (or Loss) on Sales or Other Dispositions Less Disbursements: General Disbursements Fees Balance Before Distributions Transfer to (from) Principal Distributions to Beneficiaries Principal Balance on Hand For Information: Investments Made Changes in Holdings INCOME Receipts This Account Net Gain (or Loss) on Sales or Other Dispositions Less Disbursements Balance Before Distributions Transfer to (from) Income Distributions to Beneficiaries Income Balance on Hand For Information: Investments Made Changes in Holdings COMBINED BALANCE ON HAND Signature Verification 1 276,169.59 2-3 -1,377.79 274,791.80 4 5 6 7 8-9 0.00 2,554.83 2,554.83 272, 236.97 o.oo 150.00 272,086.97 10-12 15,610.65 o.oo 15,610.65 13 2,324.80 13,285.85 0.00 14 17,702.88 15 -4,417.03 16 17 18 267,669.94 SCHEDULE A RECEIPTS OF PRINCIPAL Fiduciary Acquisition Value 01/03/2011 02128/2011 05/0212011 08!0812011 08130!2011 09/16/2011 10/31/2011 11!29/2011 12/2912011 02/02/2012 02/27/2012 03/30/2012 05/01/2012 05/29!2012 07/02/2012 07/30/2012 07/30/2012 08/28/2012 10/02/2012 10/30/2012 12/0312012 01/0112011 ~.~j] CONTRIBUTION RECEIVED 90.00 CONTRIBUTION RECEIVED 300.00 CONTRIBUTION RECEIVED 750.00 CONTRIBUTION RECEIVED 150.00 CONTRIBUTION RECEIVED 685.00 CONTRIBUTION RECEIVED 560.00 CONTRIBUTION RECEIVED 390.00 CONTRIBUTION RECEIVED 580.00 CONTRIBUTION RECEIVED 900.00 CONTRIBUTION RECEIVED 1,080.00 CONTRIBUTION RECEIVED 300.00 CONTRIBUTION RECEIVED 430.00 CONTRIBUTION RECEIVED 540.00 CONTRIBUTION RECEIVED 460.00 CONTRIBUTION RECEIVED 750.00 CONTRIBUTION RECEIVED 320.00 CONTRIBUTION RECEIVED 1,772.60 CONTRIBUTION RECEIVED 1,280.00 CONTRIBUTION RECEIVED 160.00 CONTRIBUTION RECEIVED 320.00 CONTRIBUTION RECEIVED 1,130.00 Total Cash Total Receipts Adjustments to Inventory ACCOUNT BALANCE CARRIED FORWARD FROM 263,221.99 12/31/2010 Total Adjustments to Inventory Total Adjustments and Subsequent Receipts Total Receipts of Principal 12,947.60 12,947.60 263,221.99 263,221.99 Z76,169.5y -1- SCHEDULE B GAINS AND LOSSES ON SALES OR OTHER DISPOSITIONS -PRINCIPAL Loss 03/22/2011 50.000.00000 FEDERAL HOME LOAN BKS 3.3°l0 3/17/2016 Net Proceeds 50,000.00 Fiduciary Acquisition Value -50,050.00 -50.00 06/1512011 FEDERAL FARM CR BKS 3.625% 6/15/2018 - AMORTIZATION TO 611 512 0 1 1 Net Proceeds 82.89 Fiduciary Acquisition Value _82,gg 0.00 06/15/2011 75.000.00000 FEDERAL FARM CR BKS 3.625% 6/15/2018 Net Proceeds 75,000.00 Fiduciary Acquisition Value -76,338.54 -1,338.54 09/29/2011 25,000.00000 FEDERAL FARM CR BKS 3% 6/29/2018 Net Proceeds 25,000.00 Fiduciary Acquisition Value -25,000.00 0.00 11/02/2011 MORGAN STANLEY 3.45% 11/02/2015 - AMORTIZATION TO 11/2/2011 Net Proceeds 8.91 Fiduciary Acquisition Value -8.91 0.00 01/23/2012 JP MORGAN CHASE 4.4% 7/22/2020 -AMORTIZATION TO 1 /22/2012 Net Proceeds 12.32 Fiduciary Acquisition Value -12.32 0.00 05/02/2012 MORGAN STANLEY 3.45% 11/02/2015 - AMORTIZATION TO 5!212012 Net Proceeds 13.53 Fiduciary Acquisition Value -13.53 0.00 -2- SCHEDULE B GAINS AND LOSSES ON SALES OR OTHER DISPOSITIONS -PRINCIPAL Continued 06/28/2012 06/2912012 07/23/2012 11/02/2012 25,000.00000 FEDERAL FARM CR BKS 3.74% 6128/2021 Net Proceeds 25,000.00 Fiduciary Acquisition Value -24,989.25 75,000.00000 FEDERAL HOME LOAN BKS 6% 6/29/20 17 Net Proceeds 75,000.00 Fiduciary Acquisition Value -75,000.00 JP MORGAN CHASE 4.4% 7/22/2020 -AMORTIZATION TO 7/22/2012 Net Proceeds 15.08 Fiduciary Acquisition Value -15.08 MORGAN STANLEY 3.45% 11/02/2015 - AMORTIZATION TO 11/2/2012 Net Proceeds 13.78 Fiduciary Acquisition Value -13.78 TOTAL GAINS AND LOSSES/PRI NCIPAL LESS LOSS NET GAIN OR LOSS Gain Loss 10.75 0.00 0.00 o.oa 10.75 -1,388.54 -1, 377.79 -3- SCHEDULE C DISBURSEMENTS OF PRINCIPAL Fees 01/25/2011 REGISTER OF WILLS, CUMBERLAND COUNTY - FILiNG SECOND AND PARTIAL ACCOUNTING 72/08/2011 TRUST DEPARTMENT FEES - 2011 12!0512012 TRUST DEPARTMENT FEES - 2012 Total Fees TOTAL DISBURSEMENTS OF PRINCIPAL z3o.oa 1,284.45 1,040.38 2,554.83 ' 2,554.83 -4- SCHEDULE D DISTRIBUTIONS OF PRINCIPAL 12/13/2011 MECHANICSBURG CEMETERY ASSOC. -TRANSFER 150.00 FUNDS TO CIA #111900077 150.00 TOTAL DISTRIBUTIONS TO BENEFICIARIES 150.00 -5- PRINCIPAL BALANCE ON HAND # Units Description ~b ORRSTOWN BANK TRUST DEPT Total Cash ASSBtS 20,000.00000 AMERICAN EXPRESS CD 1.15% 12!0212013 50,000.00000 DISCOVER BANK CD .75% 10/3/2014 50,000.00000 GE MONEY BK CD 1.95% 9/24/2015 50,000.00000 GOLDMAN SACHS BANK CD 1.7% 12/1212019 25,000.00000 JP MORGAN CHASE 4.4% 7/22/2020 50,000.00000 MORGAN STANLEY 3.45% 11/0212015 Total Assets Current Value Fiduciary 12!3112012 Acquisition or as Noted Value 26,794.83 26,794.83 26,794.83 26,794.83 20,000.00 50,000.00 49,927.47 . 49,978.54 25,297.35 50,088.78 245,292.14 26,794.83 272,086.97 __ -6- SCHEDULE E PRINCIPAL INVESTMENTS MADE # ni 03124!2011 GE MONEY BK CD 1.95% 9/24/2015 06!23/2011 50,000.00000 MORGAN STANLEY 3.45% 91!0212015 06/28/2011 25,000.00000 FEDERAL FARM CR BKS 3.74% 6/28/2021 06/3012011 25,000.00000 FEDERAL FARM CR BKS 3% 6/29/2018 08126/2011 25,000.00000 JP MORGAN CHASE 4.4% 7/22!2020 09!2612011 GE MONEY BK CD 9.95% 9/24/2015 12!0112011 20,000.00000 AMERICAN EXPRESS CD 1.15% 12/02/2013 12/28/2011 FEDERAL FARM CR BKS 3.74% 6/28/2021 03/26/2012 GE MONEY BK CD 1.95% 9/24/2015 06/2812012 FEDERAL FARM CR BKS 3.74% 6/28/2021 09/24/2012 GE MONEY BK CD 1.95% 9!2412015 12/03/2012 50,000.00000 DISCOVER BANK CD .75% 10/3/2014 12!21/2012 50,000.00000 GOLDMAN SACHS BANK CD 1.7% 12/12!2019 Total Cost 11.31 50,125.00 24,988.28 25,000.00 25,324.75 11.43 2o,ooa.oo 0.48 11.56 0.49 11.67 50,000.00 49,978.54 245,463.51 -7- SCHEDULEF CHANGES IN PRINCIPAL HOLDINGS ~~ Cost AMERICAN EX PRE$~ CD 1.1 Sl ° 12/0212013 12/01/2011 20,000.00000 Purchased 20,000.00 20,000.0000 Ending balance as of 12/31!2012 20,000.00 DISCOVER BANK CD .75% 10/3/2014 12!03!2012 50.000.00000 Purchased 50,000.00 50,000.0000 Ending balance as of 12/31/2012 50,000.00 FEDERAL FAR M CR BKS 3.625 °js ~J151~018 75,000.00000 Starting balance as of 1!1!2011 76,421.43 06/15/2011 Sold -82.89 06/15!2011 -75,000.00000 Sold -76,338.54 0.0000 Ending balance as of 12/31/2012 0.00 FEDERAL FARM CR BKS 3.74% 6/28/2021 06/28/2011 25,000.00000 Purchased 24,988.28 12/28/2011 Purchased 0.48 06!28/2012 -25,000.00000 Sold -24,989.25 06/28!2012 Purchased 0.49 0.0000 Ending balance as of 12/31/2012 0.00 FEDERAL FARM CR BKS 3% 6/ 29/2098 06/30!2011 25.000.00000 Purchased 25,000.00 09129/2011 -25,000.00000 Sold -25,000.00 0.0000 Ending balance as of 12/31/2012 0.00 FEDERAL HO ME LOAN BKS 3. 3% 3!1712016 50,000.00000 Starting balance as of 1/1/2011 50,050.00 03/22/2011 -50,000.00000 Sold -50,050.00 0.0000 Ending balance as of 12/31/2012 0.00 _$.. SCHEDULE F CHANGES IN PRINCIPAL HOLDINGS Continued # Units Cos FEDERAL HOM€ LOAN BKS 6% 6!2912017 75,000.00000 Starting balance as of 111/2011 75,000.00 06/29/2012 -75,000.00000 Sold -75,000.00 OA000 Ending balance as of 12/31/2012 0.00 GE MONEY BK CD 1.95% 9/24/2015 ' 50,000.00000 Starting balance as of 111/2011 49,881.50 03124/2011 Purchased 11.31 09/26/2011 Purchased 11.43 03/26!2012 Purchased 11.56 09/24/2012 Purchased 11.67 50.000.0000 Ending balance as of 12/31/2012 49,927.47 GOLDMAN SAC HS BANK CD 1.7°~s 12112/20.1.9 . 12/21/2012 50.000.00000 Purchased 49,978.54 50,000.0000 Ending balance as of 12131!2012 49,978.54 JP MORGAN CH ASE 4.4% 7/22/202Q 08/26/2011 25,000.00000 Purchased 25,324.75 01123/2012 Sotd -12.32 07!23/2012 Sold -15.08 25,000.0000 Ending balance as of 12/31/2012 25,297.35 MORGAN STANL ,~If 3.45% 11!02!2015 06/23/2011 50,000.00000 Purchased 50,125.00 11 /02/2011 Sold -8.91 05/02/2012 Sold -13.53 11/02/2012 Sold -13.78 50,000.0000 Ending balance as of 12131/2012 50,088.78 1'Otal 245,292.14 -9- SCHEDULE G RECEIPTS OF INCOME FEDERATED MONEY_MARKET F 12/01/2011 2011 TOTAL INCOME 05/01/2012 2012 TOTAL INCOME TOTAL DIVIDEND INCOME Interest/Bank AMERICAN EXPRESS CD 1.95% 12102!2013 12!03!2012 2012 TOTAL INCOME GE MONEY BK CD 1.95% 9/24/2015 09126/2011 2011 TOTAL INCOME 03/26/2012 2012 TOTAL INCOME GOLDMAN SACHS BANK CD 1.7% 12/12!2019 12/21/2012 ACCRUED INTEREST MORGAN STANLEY 3.45% 11!0212015 11/02/2011 2011 TOTAL INCOME ORRSTOWN BANK TIME DEPOSIT ACCOUNT 0310112011 2011 TOTAL INCOME 40.51 230.62 127.20 127.20 230.62 997.74 1,999.09 -20.96 -20.96 609.22 609.22 3.30 -10- SCHEDULE G RECEIPTS OF INCOME Continued 3.30 TOTAL BANK INTEREST 2,821.27 ' FEDERAL FARM CR BKS 3.6 InterestlBond 25% 6/15/2018 06/15/2011 2011 TOTAL INCOME 1,276.48 1,276.48 FEDERAL FARM CR BKS 3.7 4% 6/28/2021 12/28/2011 2011 TOTAL INCOME 467.98 06/28/2012 2012 TOTAL INCOME 467.99 935.97 FEDERAL FARM CR BKS 3% 6/29/2018 09!2912011 2011 TOTAL INCOME 185.42 ` 185.42 FEDERAL HOME LOAN BKS 3.3% 3/17/2016 03/22/2011 2011 TOTAL INCOME 847.91 847.91 ' FEDERAL HOME LOAN BKS 6% 6/29/2017 . 12/29/2017 2011 TOTAL INCOME 4,500.00 06/2912012 2012 TOTAL INCOME 2,250.00 6,750.00 JP MORGAN CHASE 4.4% 7/ 2212020 08/26/2011 ACCRUED INTEREST -103.89 01/23/2012 2012 TOTAL INCOME 1,072.60 -11- SCHEDULE G RECEIPTS OF INCOME Continued 968.71 MORGAN STANLEY 3.45% 11102/2015 11/02/2012 2012 TOTAL INCOME 1,697.69 1,697.69 TOTAL BOND INTEREST TOTAL RECEIPTS OF INCOME 12,662.18 15,610.65 -12- SCHEDULEI DISBURSEMENTS -INCOME Expense /INCOME TRUST DEPARTMENT FEES 1210812011 2011 1,284.45 05!0712012 2012 1,040.35 2,324.80 TOTAL DISBURSEMENTS OF INCOME 2,324.$0 -13- SCHEDULE J DISTRIBUTIONS -INCOME 12/01/2011 MECHANICSBURG CEMETERY ASSOC GENERAL 8.670.23 FUND ACCT. #1416 - 2011 INCOME TRANSFERRED 04/02/2012 MECHANICSBURG CEMETERY ASSOC GENERAL 9,032.65 FUND ACCT. #1416 - 2012 INCOME TRANSFERRED 17.702.88 TOTAL DISTRIBUTIONS TO BENEF1ClARIES 17.702.88 -14- INCOME BALANCE ON HAND Current Value 12!31 !2012 # Units Description or as Noted fish ORRSTOWN BANK TRUST DEPT -4.417.03 Total Cash -4,417.03 Fiduciary Acquisition Value -4,417.03 -4,417.03 -4,417.03 -4,417.03 -15- COMBINED BALANCE ON HAND # Units Description Cash ORRSTOWN BANK TRUST DEPT 20,000.0000 AssEtS AMERICAN EXPRESS CD 1.15% 12/02/2013 50,000.0000 DISCOVER BANK CD .75% 10/3/2014 50,000.0000 GE MONEY BK CD 1.95% 9/24/2015 50,000.0000 GOLDMAN SACHS BANK CD 1.7% 12/12/2019 25,004.0000 JP MORGAN CHASE 4.4% 7/22/2020 50,000.0000 MORGAN STANLEY 3.45% 11102!2015 Current Value Fiduciary 12/31/2012 Acquisition or as Noted Value 22,377.80 22,377.80 Total Cash 22,377.80 22,377.80 20,104.60 20,000.00 50,050.00 50,000.00 51,329.50 49,927.47 49,379.00. 49,978.54 28,221.00 25,297.35 52,095.50 50,088.78 Total Assets 245.292.14 273,557.40 267,669.94 -~s- Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-2009-0090 MECHANICSBURG CEMETERY ASSOCIATION PERPETUAL CARE FUND Signature CHANICSBURG CE TE Y CIATION, UA~iF D TRUSTEE ~ v ~c__..~--~-~ By MECHANICSBURG CEMETERY ASSOCIATION, QUALIFIED TRUSTEE, PRESIDENT -17- VERIFICATION CHARLES B. HUMES, President of Mechanicsburg Cemetery Association, anon-profit corporation under the laws of the Commonwealth of Pennsylvania, said corporation being the qualified trustee of the corporation's perpetual care fund, hereby declares and verifies that said Trustee has fully and faithfully discharged the duties of its office; that the facts set forth in the foregoing Third and Partial Account within his personal knowledge are true and correct and as to facts based on information of others, after diligent inquiry, he believes them to be true and correct; the Account fully discloses all significant transactions occurring during the accounting period; that all known claims against the Trust have been paid in full; and that, to his knowledge, there are no claims now outstanding against the Trust. This statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. h ,,, Cha les B. umes President Dated: ~ ~ ~ 2013 z~!~~~~ TRUST COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NAME OF TRUST MECHANICSBURG CEMETERY ASSOCIATION c7 :~.; ~.. ~ PERPETIIAL CARE FUND - C © ~ `~"' rn rn ~ ' ~ ~?~ rn~~ w ~~ '' ~.~ ~~ ° - ~ r-- ~ u-: w c ~ ~ ~ ~''.~M'~ r ~ ~~~ p~ ~ f~ PETITION FOR ADJUDICATION / m ~ ~, ~-~ STATEMENT OF PROPOSED DISTRIBUTIOI`~' ~• r- '~# ~' ~ PURSUANT TO Pa. O.C. Rule 6.9 This form may be used in all cases involving the Audit of Trust Accounts. If space is insufficient, riders may be attached. INCL UDE ATTACHMENTS AT THE BACK OF THIS FORM. Name of Counsel: RICHARD C. SNELBAKER Supreme Court I.D. No.: 6355 Name of Law Firm: SNELBAKER & BRENNEMAN P.C. Address: 44 WEST MAIN STREET, MECHANICSBURG, PA 17055 Telephone: 717-697-8528 Fax: 717-697-7681 Form OC-02 rev 10.13.06 Page 1 of 10 Name of Trust: MECHANICSBURG CEMETERY ASSN. PERPETUAL CARE FUND 1. Name(s) and address(es) of Petitioner(s): Petitioner: Petitioner: Name: MECH. CEMETERY ASSOC. BY:CHARLES HUMES, PRES Address: 137 WEST MARBLE STREET MECHANICSBURG, PA 17055 2. Check if any of the following issues are involved in this case: A. Appointment of Trustee ........................................... B. Interpretation ................................................... C. Discharge of Trustee ............................................. D. Transfer of Situs ................................................. E. Appointment of Ad Litem .......................................... F. Minor, Unborn or Unascertained Beneficiary(ies) ...................... G. •Principal Distribution ............................................. H. Partial/Full Termination of Trust .................................... I. Missing Beneficiary(ies) .......................................... J. Cy Pres .. ..................................................... K. Williamson Issue* ............................................... L. Other Issues .....................................:.............. List: Please note: A detailed explanation of issues checked should be set forth at item 13 below. '~ See Williamson Estate, 368 Pa. 343, 82 A.2d 49 (1951), if Trustee was also Executor of the settlor/decedent's estate and received commissions in such capacity. Form OC-02 rev 10.13.06 Page 2 Of 10 Name of Trust: MECHANICSBURG CEMETERY ASSN. PERPETUAL CARE FUND 3. Testamentary Trust: NOT APPLICABLE Decedent's date of death: Date of Decedent's Will: Date(s) of Codicil(s): Date of probate: or Inter Vivos Trust: NOT APPLICABLE Date of Trust: Date(s) of Amendment(s): 4. A. If any other Court has taken jurisdiction of any matter relating to this Trust, explain: B. Identify all prior accountings and provide dates of adjudication. 5. A. State how each Trustee was appointed: MECHANICSBURG CEMETERY ASSOCIATION IS THE QUALIFIED TRUSTEE OF ITS PERPETUAL CARE FUND PURSUANT TO 9 PA C.S. SECTION 309 B. If a Petitioner is not a Trustee, explain: Form OC-02 rev 10.13.06 Page 3 of I O Name of Trust: MECHANICSBURG CEMETERY ASSN. PERPETUAL CARE FUND 6. State how and when the present fund was awarded to Trustee(s): 7. PERPETUAL CARE FUND IS MANDATED BY LAW SEC. 9 PA C.S. SECTION 309 Period covered by accounting: JANUARY 1, 2011 to DECEMBER 31, 2012 8. Current fair market value of the Trust principal is $ 272,086.97 (See page 6 of Account.) 9. State concisely the dispositive provisions of the Trust: USE AND DISPOSITION OF PERPETUAL CARE FUND IS GOVERNED EXCLUSIVELY BY LAW. SEE CHAPTER 3 OF TITLE 9 OF PENNSYLVANIA CONSOLIDATED STATISTICS (9 PA C.S. SECTION 301 ET SIG.) 10. Explain the reason for filing this Account (if filed because of the death of a party, state name of person, relationship to Trust and date of death): AS REQUIRED BY LAW-SEE 9 PA C.S. SECTION 309 Form OC-02 rev 10.13.06 Page 4 of 10 Name of Trust: MECHANICSBURG CEMETERY ASSN. PERPETUAL CARE FUND 11. 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): NO NEED FOR GUARDIAN OR TRUSTEE AD LITEM 12. A. State the amount of Pennsylvania Transfer Inheritance Tax and Pennsylvania Estate Tax paid (including postponed tax on remainder interests), the dates of payment and the interests upon which such amounts were paid: Date Payment Interest NONE-N/A B. If any such taxes remain unpaid or are in dispute, explain: NOT APPLICABLE 13. Describe any questions requiring Adjudication and state the position of Petitioner(s) and give details of any issues identified in item 2: NO ISSUES TO BE DETERMINED Form OC-02 rev 10.13.06 Page 5 of 10 Name of Trust: MECHANICSBURG CEMETERY ASSN. PERPETUAL CARE FUND 14. 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 15 below. In addition, notice of any questions requiring Adjudication as discussed in item 13 above has been or will be given to all persons affected thereby. A. If Notice has been given, attach a copy of the Notice as well as a list of the names and addresses of the parties receiving such notice. B. If Notice is yet to be given, a copy of the Notice as well as a list of the names and addresses of the parties receiving such Notice shall be submitted at the Audit together with a statement executed by Petitioner(s) or counsel certifying that such Notice has been given. C. If any such party in interest 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. 15. List all parties of whom Petitioner(s) has/have notice or knowledge, having or claiming any interest in the Trust, whether such interest is vested or contingent, charitable or non-charitable. This list shall: A. State each party's relationship to the Settlor/Decedent and the nature of each party's interest(s); Name and Address of Each Parry in Interest ~ Relationship and Comments, if arty ~ Interest PENNSYLVANIA REAL COPY OF ACCOUNT SEC 9 PA C.S. ESTATE COMMISSION IS BEING FILED SECTION 308 P.O. BOX 2649 WITH COMMISSION HARRISBURG, PA 17105-2649 AS REQ. BY LAW Form OC-02 rev 10.13.06 Page 6 of 10 Name of Trust: MECHANICSBURG CEMETERY ASSN. PERPETUAL CARE FUND 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; and NO MINORS OR INCAPACITATED PARTIES C. 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. NO DISTRIBUTION TO BE MADE 16. If Petitioner(s) has/have knowledge that a Trust share has been assigned or attached, provide a copy of the assignment or attachment, together with any relevant supporting documentation. NONE 17. If a trustee's principal commission is claimed: NONE-PETITIONER AS QIIALIFIED TRIISTEE DOES NOT CLAIM OR TAKE A COMMISSION A. If based on a written agreement, attach a copy thereof. Form OC-02 rev 10.13.06 Page 7 of 10 Name of Trust: MECHANICSBURG CEMETERY ASSN. PERPETUAL CARE FUND B. If a principal commission is claimed, state amount. PETITIONER PAYS ORRSTOWN BANK (AS REPORTED IN THE ACCOUNT) FOR MANAGEMENT SERVICES C. If a principal commission is claimed, state the amounts and dates of any principal commissions previously paid in prior accounting periods. Amount Date Paid 18. If a reserve is requested, state amount and purpose. NONE Amount: Purpose: If a reserve is requested for counsel fees, has notice of the amount of fees to be paid from the reserve been given to the parties in interest? ...................................... Yes Q 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 0 No Form OC-02 rev 10.13.06 Page 8 of 10 Name of Trust: MECHANICSBURG CEMETERY ASSN. PERPETUAL CARE FUND Wherefore, your Petitioner(s) ask(s) that distribution be awarded to the parties entitled and suggest(s) that the distributive shares of income and principal (residuary shares being stated in proportions, not amounts) are as follows: A. Income: Proposed Distributee(s) AmoundProportion NONE B. Principal: Proposed Distributee(s) Amount/Proportion NONE Submitted By: (All petitioners must sign. Add additional lines if necessary): ae of Petitioner: MEC EMETERY ASSOC. _,.... . Name of etitioner: By:C ARLES HUMES, PRES Form OC-02 rev 10.13.06 Page 9 of 10 Name of Trust: MECHANICSBURG CEMETERY ASSN. PERPETUAL CARE FUND Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that heishe ~ 1S title PRESIDENT of the above-named name of corporationMECHANICSBURG CEM. ASSOC. and] that the facts set forth in the foregoing Petition for Adjudication /Statement of Proposed Distribution which are within the personal knowledge of the Petitioner are true, and as to facts based on the information of others, the Petitioner, after diligent inquiry, believes them to be true; and that any false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 (relating to unsworn falsification to authorities). V Signature of Petitioner CHARLES S . HII1~S , PRESIDENT * Corporate petitioners must complete bracketed information. Certification of Counsel The undersigned counsel hereby certifies that the foregoing Petition for Adjudication / Statement of Proposed Distribution is a true and accurate reproduction of the form Petition authorized by the Supreme Court, and that no changes to the form have been made beyond the responses herein. ;.~ ~ ~ ~~ Signature of Counsel for Petitioner RICHARD C. SNELBAKER Form OC-02 rev 10.13.06 Page 10 of 10 SNELBAKER ~ BRENNEMAN, P.C. A PROFF_SSIONAL CORPORATION ATTORNEYS AT LAW 44 WEST MAM STREET MECHAN ICSBURG, PENNSYLVANIA 17055 KEITH O. BRENNEMAN P. O. BOX 318 RICHARD C. SNELBAKER- OF COUNSEL 717-697-8528 FACSIMILE (717) 697-7681 February 5, 2013 [Certified Mail No. 7010 1670 0001 0650 2442] Commonwealth of Pennsylvania Department of State Bureau of Professional and Occupational Affairs State Real Estate Commission P.O. Box 2649 Harrisburg, PA 17105-2649 Re: Mechanicsburg Cemetery Association Docket No. 21-2009-0090 Gentlemen: On behalf of the above referenced cemetery company, we submit herewith true copies of the Association's Third and Partial Account and Petition for Adjudication as filed this date in the Office of the Clei-k of Orphans' Court division of the Court of Common Pleas of Cumberland County, Pennsylvania. This account is scheduled for confirmation by the Court on April 23, 2013 at 9:30 o'clock A.M., prevailing time at the Cumberland County Court House, 1 Courthouse Square, Carlisle, PA 17013. Confirmation will occur unless written objections are filed prior thereto. You have the right to file written objections to said Account prior to confirmation as scheduled above. If you have any questions, please contact the undersigned. Very truly yours, Richard C. Snelbaker RCS:sks Enclosures