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Home My WebLink About96-1014 Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 phone: (717) 240-6345 Date: 11/09/2006 BOSWELL JEFFREY 315 NORTH FRONT PO BOX 741 HARRISBURG, PA R STREET 17101 RE: Estate of YARNALL G WINFIELD File Number: 1996-01014 Dear Sir/Madam: This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. I, for decedents dying on or after July I, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of wills a Status Report of completed or uncompleted adrninistration. This filing is due by: 11/26/2006 please feel free to contact this office with any que:3tions you may have. If you have already filed your Status Report, please disregard this notice. Sincerely, hi!! L- ~ e fj . , "sr.v' ..' j!i?~~- (J-Z~a-J ~:::t. .' "/1 Glenda Farner Strasbaugrr Clerk of the Orphans' Court cc: File Counsel BOSWELL. TINTNER, PICCOLA & ALFORD COUNSELORS AT LAW LEONARD TINTNER JEFFREY E. PICCOLA JEFFREY R. BOSWELL BR1GID O. ALFORD G. EDWARD SCHWEIKERT. IV 315 NORTH FRONT STREET P.O. Box 741 HARRISBURG, PA 17108-0741 17171236-9377 FAX 17171 236-9316 btpa@att.net WILLIAM D. BOSWELL 11943-19991 November 15, 2006 Ms. Glenda Farner Strasbaugh Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 RE: Estate ofG. Winfield Yarnall, Deceased Estate No.: 1996-01014 Dear Ms. Strasbaugh: I have enclosed for filing the Status Report Under Rule 6.12 pertinent to the closing of the above-stated estate. If you require any additional information, kindly contact me. I thank you for your consideration and your attention to this matter. Sincerely, ~.. II' -' ^-- Jeffrey R. Boswell JRB:clh enclosure Vd , "; ..:.11"(1(" , I" .' ,0' j' '['''- n -...kl.'. J '"' ). r. ,.1\-/1 1 ..Lu /10,/') ,),/\/",.-idtJO :iO j/cEll8 IS :2}Jd 02 IW~J Orln7 ." ;1,.;u....... Register of Wills of Cumberland County STATUS REPORT UNDER RULE 6.12 Name of Decedent: G. Winfield Yarnall Date of Death: November 26, 1996 Estate No.: 1996-01014 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 0 No 00 2. lfthe answer is No, state when the personal representative reasonably believes that the administration will be-complete: March 31, 2007 3. lfthe answer to No.1 is Yes, state the following: a. Did the personal representative file a final account with the Court? Yes 0 No 0 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 0 No 0 c. Copies of receipts, releases, joinders and approval of fimllal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. Sign~ Dffie: November 15, 2006 Jeffrey R. Boswell, Esquire Name 315 N. Front Street P. O. Box 741 Harrisburg. PA 17108-0741 Address ~'-_I "l~,r-', :-, U \.e\./ ,j1.!\-'-:>I'/nJ ltJilO;) s:,N~;:atib jO >I!:I31:J IS :2 bid Dc AON 900Z (717) 236-9377 Telephone No. Capacity: 0 Personal Representative U Counsel for personal representative Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 10/31/2007 BOSWELL JEFFREY R 315 N FRONT ST PO BOX 741 HARRISBURG, PA 17108-0741 - -~J ) ! ~-. :,-.,. RE: Estate of YARNALL G WINFIELD File Number: 1996-01014 .:') ~-,.. 1"",,) IV Dear Sir/Madam: This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. I, for decedents dying on or after July I, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing lS due by: 11/26/2007 Please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard this notice. SiI}Ferely, ~J, . C~f!' ."",. ." '.. " . ' / . '9"'"."., " ' , . T/ ,'l ~,,,.,'!P._ Il.. ,'#l~v .~~ '-1 Glenda Farner Strasbaugh Clerk of the Orphans' Court cc: File Personal Representative(s) Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 10/31/2007 BOSWELL JEFFREY 315 NORTH FRONT PO BOX 741 HARRISBURG, PA R STREET --J 17101 ,,' "f.~' , d] .',/ RE: Estate of YARNALL G WINFIELD File Number: 1996-01014 f"._.) f",,) Dear Sir/Madam: This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO.1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 11/26/2007 Please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard this notice. Sincerely, I (' e: "'~_ In " I, ,',,', / rtMHtc6t"' (~tt..c{"/,,,~.-l ./,' , Glenda Farner Strasbaugh Clerk of the Orphans' Court cc: File Counsel In Re: Estate of YARNALL G WINFIELD ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 1996-01014 NOTICE OF FAILURE TO FILE STATUS REPORT r-.:J = ::5 Personal Representative: BOSWELL JEFFREY R Counsel for Personal Representative: BOSWELL JEFFREY R ) '...- .. ::D ._-, Date of Decedent's Death: 11/26/1996 The Orphans' Court record indicates that neither the above named personal representative nor the above named counsel for the personal representative have filed with the Register of Wills or Clerk of the Orphans' Court his, her or its Status Report required by Rule 6.12, Supreme Court Orphans' Court Rule and that the requisite notice, pursuant to Rule 6.12, Supreme Court Orphans' Court Rules, is hereby given by that the you have ten (10) day to file the Status Report. Ifthe required 6.12 form is not filed in accordance with Rule 6.12 the Court will be notified of such delinquency and the undersigned will requests that a Court conduct a hearing to determine whether sanctions should be imposed upon the delinquent personal representative or counsel for the delinquent personal representative. ii"~ ,,~ .' :: I.l,~:l!<t.,?. \.. u ~'c2,tj .."" ~. /J .J." }' ~. '""",./ ,. } Date: 11/2812007 Glenda Farner Strasbaugh Clerk of the Orphans' Court Distribution: Personal Representative Counsel for Personal Representative Estate File N \.0 -0 3: N ex> oJ Pa. O.C. Rule 6.12 STATUS REPORT REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Name of Decedent: G. Winfield Yarnall Date of Death: 11/26/1996 File Number: 1996-01014 Pursuant to Pa. O.C. Rule 6.12, 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: . . . . . . . . . . . . . . . . . . .. DYes 00 No 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: February 29, 2008 3. If the answer to No.1 is YES, state the following: a. Did the personal representative file a final account with the Court? . . . . . .. DYes DNo 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? ............................... DYes DNo d. Copies of receipts, releases, joinders and approvals of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. Date December 7, 2007 Signatureof~ c:> w w CJ r-- = = c-J cr. l-:: Q;;r: -- - u-c,:- (::>C) ~Cr) ffi2: die? 0:- . o~c- 3 Capacity: [ZlPersonal Representative ~ Counsel Jeffrey R. Boswell, Esquire cP f~. '-. .' ..:r :C 0- Name of Person Filing this Form tJ~j_-,-~' (~ -, ~i::, 315 N. Front Street, P. O. Box 741 Address Harrisburg, PA 17108-0741 717-236-9377 Telephone Form RW-IO rev_ 10.13.06 J .. .. ["--.) ::::;-. c....:::) co L... :\::;;... ~~,'.ll'" ....- f',.) N -0 . .. -~ -,"-. ~ -.....J o CD COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ORPHANS' COURT DIVISION COMMONWEAL TH OF PENNSYL VANIA NO. 21-1996-1014 ESTATE OF G. WINFIELD YARNALL ESTA TE SETTLEMENT AGREEMENT This Estate Settlement Agreement (referred to as "Agreement") is entered into by and among the Estate of G. Winfield Yarnall, Deceased (referred to as the "Estate"), by JEFFREY R. BOSWELL, ADMINISTRATOR, D.B.N.C.T.A., the law firm of BOSWELL, TINTNER, PICCOLA & ALFORD, MARGARET R. P. YARNALL, (the "surviving spouse"), THOMAS P. YARNALL, ELIZABETH Y. JURY, and MELISSA Y. SCHRECK, HEATHER KATES, and AUTUMN ARNOLD, children ofG. Winfield Yarnall, Jr., deceased, or of his deceased child, (collectively referred to as the "Yarnall natural children"), LLOYD R. PERSUN, JOHN A. PERSUN, ANDREW M. PERSUN, children of Margaret R. P. Yarnall, (collectively referred to as the "Persun natural children"), and MANUFACTURERS AND TRADERS TRUST COMPANY, Trustee Under Will ofG. Winfield Yarnall, Deceased (referred to as "Trustee"), as of October 17,2006. WHEREAS, G. Winfield Yarnall and Margaret R. P. Yarnall married on May 5,1985; WHEREAS, the said G. Winfield Yarnall had four (4) natural children, namely Thomas P. Yarnall, Elizabeth Y. Jury, Melissa Y. Schreck, and G. Winfield Yarnall, Jr., who died on October 4, 2000, survived by his daughters Autumn Yarnall, n/k/a Autumn Arnold, and Heather Yarnall, n/k/a Heather Kates, all of whom are adult individuals suijuris. -1- .,. WHEREAS, the said Margaret R. Yarnall has three (3) natural children, namely Lloyd R. Persun, John A. Persun, and Andrew M. Persun, who are adult individuals sui juris. WHEREAS, the said G. Winfield Yarnall and Margaret R. P. Yarnall entered into a written Prenuptial Agreement on May 3, 1985; WHEREAS, the said G. Winfield Yarnall and Margaret R. P. Yarnall entered into an Agreement on March 3, 1993, as to the disposition of their residential real property known as 30 West Lauer Lane, Hampden Township (Camp Hill), Cumberland County, Pennsylvania, in which Agreement they reaffirmed the terms and conditions of the Prenuptial Agreement, except as modified therein; WHEREAS, the said G. Winfield Yarnall and Margaret R. P. Yarnall entered into a Revised Agreement on May 17, 1994, as to the disposition of the real property at 30 West Lauer Lane, Hampden Township (Camp Hill), Cumberland County, Pennsylvania, in which agreement they reaffirmed the terms and conditions of the Prenuptial Agreement, except as modified therein; WHEREAS, the said G. Winfield Yarnall executed his Last Will and Testament on September 20, 1994, acknowledging the May 3, 1985, Prenuptial Agreement and the Revised Agreement dated May 17, 1994; WHEREAS, the said G. Winfield Yarnall died on November 26, 1996; WHEREAS, on December 9, 1996, the Register of Wills of Cumberland County granted Letters Testamentary to William D. Boswell, as the Executor (referred to as the "Executor"), pursuant to paragraph ELEVENTH of the Decedent's September 20, 1994, Last Will and Testament; WHEREAS, the Executor served until his death on February 11,2001; WHEREAS, the Register of Wills granted Letters of Administration, D.B.N.C.T.A., to Jeffrey R. Boswell (referred to as the "Administrator"), pursuant to paragraph ELEVENTH of said Last Will and Testament, on March 2,2001; WHEREAS, Boswell, Tintner, Piccola & Wickersham, which is now known as Boswell, Tintner, Piccola & Alford, served as legal counsel; WHEREAS, the Administrator paid specific charitable bequests to Zion Lutheran Church and to Capital Area Health Foundation, n/k/a Pinnacle Health Foundation, as provided for in said Last Will and Testament; -2- .... WHEREAS; the Administrator filed a First and Final Account, stated from November 26, 1996, to November 28,2004, on January 7, 2005, as to which First and Final Account Thomas P. Yarnall, Elizabeth Y. Jury, and Melissa Y. Schreck filed Objections, as did the Trustee; WHEREAS, the Administrator filed a Supplemental Account and Proposed Schedule of Distribution, stated from November 29,2004, through February 28, 2006, on March 24, 2006, as to which Supplemental Account Thomas P. Yarnall, Elizabeth Y. Jury, and Melissa Y. Schreck filed Objections, as did the Trustee, incorporating their prior Objections and adding others; WHEREAS, the Administrator filed the Response of Administrator, D.B.N.C.T.A., to Objections to the Supplemental Account and Proposed Schedule of Distribution, as made by objectors, Elizabeth Y. Jury, Thomas P. Yarnall, and Melissa Y. Schreck on June 23, 2006; WHEREAS, the Administrator filed the Response of Administrator, D.B.N.C.T.A., to Objections to the Supplemental Account and Proposed Schedule of Distribution, as made by Manufacturers and Traders Trust Company, on June 22, 2006; WHEREAS, the Administrator filed the Pennsylvania Inheritance Tax Return (P A- 1500), as to which the Pennsylvania Department of Revenue, Bureau of Individual Taxes, Inheritance Tax Division, issued a Statement of Account, on October 6, 2003, showing full payment of Pennsylvania Inheritance Tax; WHEREAS, Administrator filed the United States Estate Tax Return (Form 706), as to which the United States Treasury, Internal Revenue Service, issued an Estate Closing Letter, on February 18, 2004; WHEREAS, the Administrator filed an Amended United States Estate Tax Return, with no tax due, which return was accepted, as filed; WHEREAS, the Pennsylvania Department of Revenue, Bureau of Individual Taxes, Inheritance Tax Division, issued Notice of Determination and Assessment of Pennsylvania Estate Tax, based on the Federal Estate Tax Return, confirming that there was no Pennsylvania Estate Tax due, on November 19,2004; WHEREAS, the Administrator handled the distribution of the decedent's IRA, Keogh Accounts, and life insurance benefits to his designated beneficiary, distributee, his surviving spouse, namely Margaret R. P. Yarnall, as declared in the United States Estate Tax Return (Form 706); WHEREAS, the said G. Winfield Yarnall and his surviving spouse provided in said Revised Agreement that the surviving spouse may pay to the estate of the deceased spouse the percentage of his contribution to the acquisition costs of the property, which were 11.04% or $25,000, as per paragraph 7 of the May 17, 1994, Revised Agreement Concerning the Real Property; -3- "' WHEREAS, G. Winfield Yarnall and Margaret R. P. Yarnall, as tenants in common, conveyed said real property to G. Winfield Yarnall and Margaret R. P. Yarnall, husband and wife, as tenants by the entireties, by their Deed dated May 17, 1994, and recorded May 20, 1994, in the Office of the Recorder of Deeds, in and for Cumberland County, in Record Book 105, Page 874; WHEREAS, the said G. Winfield Yarnall had expressed his desire to William D. Boswell, whom he named as his personal representative in his Last Will and Testament, that, in the event Margaret R. P. Yarnall survives him, that she be permitted to possess and to use any and all of his personal property that he owned prior to their marriage during her lifetime; WHEREAS, the said Margaret R. P. Yarnall has reviewed the Appraisal Report, as prepared by David J. Cordier, with regard to the personal property of the G. Winfield Yarnall Estate, and all items of personal property at her residence to designate the specific items to remain in her possession for her use until her death, at which time those designated items would be distributed to the natural children ofG. Winfield Yarnall, as per the May 3, 1985, Prenuptial Agreement, as follows: Living room mahogany drop leaf table Lladro - "Girl With Lamb" Figurine - "Doctor writing prescription" Lladro - "New Shepherdess" Lladro - "Shepherdess w/basket" Lladro - "Fisher Boy" Family room pine drop leaf table Toby jugs (the Charles Dickens collection) Painting - portrait of Captain G. Winfield Yarnall Two prints - A. Wyeth matted in metal frames Kitchen walnut drop leaf table Dining room Chippendale mirror Living room oriental carpet (beige/rust/green, approx. 102 x 57) Office (contemporary) desk Bookcase Upholstered chair (recliner) Two-drawer metal file cabinet Den clock (oak gingerbread) on bookcase in den) Bedroom painting - "Castle Courtyard" Bedroom painting - "Continental Scene" Three (3) German demitasse cups and and saucers Additional items as may later be identified by Margaret R. P. Yarnall WHEREAS, the May 3, 1985, Prenuptial Agreement states in paragraph 4, as follows: "Persun agrees that in case she shall survive Yarnall, her only claim she may make under the terms of this Agreement as to his estate shall be as to any property, real, personal or mixed, which may be, at the time of Yarnall's decease, in the joint names of Yarnall and Persun, whether as tenants in common, joint tenancy with right of survivorship or tenants by the entireties."; -4- WHEREAS, the said G. Winfield Yarnall and Margaret R. P. Yarnall agreed in the May 3, 1985, Prenuptial Agreement as to their heirs, as follows: "It is further agreed and understood that this Agreement is entered into by each of the parties hereto with the full knowledge on the part of each other as to the extent and probable value of the personal estate of each at the time the marriage relationship is contracted, and it is their individual desire and understanding that the release, relinquishment and waiver of their respective rights to such estate of the other shall be binding upon them, and upon their respective heirs, executors, administrators and assigns. "; WHEREAS, the said G. Winfield Yarnall and Margaret R. P. Yarnall, in their May 3, 1985, Prenuptial Agreement, provided for the ultimate disposition of property owned by one or the other at the time of their marriage in paragraph 6, as follows: "It is mutually agreed, understood, covenanted and declared that it is the express wish, understanding and agreement that each of the parties hereto do intend, by virtue of the marriage, that neither one shall have acquired, possessed or received any right, title or claim in or to the real and personal estate of the other that existed at the time the marriage relationship is contracted between Yarnall and Persun or that acquired individually by each of them hereafter. The individual property of each, as herein defined, shall descend to or vest in his or her heirs, legatees or devisees as may be prescribed by his or her Last Will and Testament or by the intestate laws of the State then in force or being, in all respects and manner and with like force and effect as though no marriage had ever in fact actually taken place between Yarnall and Persun;" WHEREAS, the Executor and, thereafter, the Administrator, paid to Margaret R. P. Yarnall, the surviving spouse, income earned by the Estate, and filed Fiduciary Income Tax Returns for each tax period, as due; WHEREAS, The parties to this Agreement agree to carry out the decedent's expressed desire as to the distribution of specific personal property as provided in this Agreement; and WHEREAS, the parties to this Agreement have resolved all Objections as filed and agree to act, as set forth in this Agreement. THEREFORE, with the intent to be legally bound, the parties hereto agree, as follows: 1. The parties acknowledge paragraph FOURTH of the Last Will and Testament ofG. Winfield Yarnall that pertains to the disposition of personal property referencing a list designating the various items and who shall receive same and confirm that said list was never prepared. 2. The parties agree that items of personal property having not been assigned and which, pursuant to paragraph FOURTH of said Last Will and Testament, became part of the general -5- estate, and agree that these items shall not be sold to the decedent's wife or his children at an appraised value prior to public or private sale, in order to maintain those items for use by the surviving spouse and by G. Winfield Yarnall's natural children. 3. The parties agree that Margaret R. P. Yarnall shall possess and enjoy the items that she has designated until her death and that the distribution of the designated items shall be presently deferred. 4. The parties acknowledge that the items so designated by Margaret R. P. Yarnall shall be distributed as soon as possible to the Yarnall natural children (and grandchildren) after Margaret R. P. Yarnall's death by delivering same to Melissa Y. Schreck who shall accept the items on behalf of the Yarnall natural children. 5. The Persun natural children, as beneficiaries of the Estate of Margaret R. P. Yarnall, shall make no claim for themselves or the Estate as to the designated items. 6. The Yarnall natural children, at their expense, may remove the remaining personal property items identified as two (2) sofas and a record player/entertainment unit, from Margaret R. P. Yarnall's residence without damage thereto, on or before Sunday, November 18,2007. Time is of the essence. If the Yarnall natural children do not remove said items by November 18,2007, the two (2) sofas and the record player/entertainment unit shall be deemed conclusively to be abandoned by them, and the Estate shall dispose of the items, but not before November 19,2007. 7. The parties acknowledge that the G. Winfield Yarnall silver star, coin collection, as specifically valued, the jewelry, as appraised, the personal property, as appraised (except for the specifically designated items), and miscellaneous personal property (not appraised), have been delivered to the possession of Melissa Y. Schreck and Elizabeth Y. Jury for the joint possession, use, and enjoyment of the Yarnall natural children. 8. The parties acknowledge and agree that Margaret R. P. Yarnall and Jeffrey R. Boswell, Administrator, D.B.N.C.T.A., have delivered the referenced personal property, jewelry, and coins, to and for the use and enjoyment of the Yarnall natural children, and therefore, said living natural children and grandchildren ofG. Winfield Yarnall release and discharge the G. Winfield Yarnall Estate, its personal representatives, attorneys and agents, and Margaret R. P. Yarnall, his surviving spouse, her heirs, representatives, and assigns, of and from any and all liability with respect to such distribution and any subsequent distribution of remaining items after the death of Margaret R. P. Yarnall, and hereby waive the issuance of any notice or court order as to any distribution of any such personal property. 9. The parties agree that Margaret R. P. Yarnall will pay $25,000 to Debra Wallet, Esquire, as Attorney for the Yarnall natural children, to satisfy any interest that they may have for any reason, including, but not limited to, the May 17, 1994, Revised Agreement concerning the real property at 30 West Lauer Lane, Hampden Township (Camp Hill), Cumberland County, -6- Pennsylvania, which is now the sole and exclusive real property of Margaret R. P. Yarnall, the survIvmg spouse. 10. Boswell, Tintner, Piccola & Alford, for itself, its attorneys and former attorneys, the Executor, the Administrator, and Margaret R. P. Yarnall, will pay to Debra Wallet, Esquire, counsel for the Yarnall natural children, the sum total of$16,000, which Attorney Wallet will distribute to Thomas P. Yarnall, Elizabeth Y. Jury, Melissa Y. Schreck, as well as to the daughters ofG. Winfield Yarnall, Jr., deceased, as per their agreement. 11. The Administrator will not pay any additional attorneys' fees to Boswell, Tintner, Piccola & Alford, counsel to the Estate and its Administrator, nor will the Administrator pay any additional fees directly to the Administrator, which fees are set forth as reserves in the Supplemental Account and the Proposed Schedule of Distribution filed on March 24,2006. 12. Thomas P. Yarnall, Elizabeth Y. Jury, and Melissa Y. Schreck, by their counsel, will withdraw all Objections. 13. Manufacturers and Traders Trust Company, Trustee of the G. Winfield Yarnall Trust Under Will, by its counsel, will withdraw all Objections. 14. The auditors' fees will be paid from the G. Winfield Yarnall Trust Under Will. 15. The parties mutually request that the Court enter an Order substantially in the form attached hereto. 16. The Court will enter an Order approving the Proposed Schedule of Distribution, as filed with this Agreement, and, immediately thereafter, within ten (10) days, Boswell, Tintner, Piccola & Alford, and Margaret R. P. Yarnall will make the payments as provided for in this Agreement. 17. The parties, and each of them, hereby forever fully release, compromise, settle, and discharge any and all claims, demands, actions, or causes of action, legal or equitable, absolute or contingent, vested or hereafter to accrue, which any of them may have against any other party hereto or Margaret R. P. Yarnall, her heirs, representatives, or assigns, or against the Estate ofG. Winfield Yarnall, Deceased, its Executor and its Administrator, or the agents of the estate, including accountants and attorneys, by reason of any matter, cause or things growing out of or relating to any property or assets of said estate, or growing out of or relating to any act of the Executor or the Administrator in his administration of the said estate, or growing out of or relating to the real property at 30 West Lauer Lane, Hampden Township (Camp Hill), Cumberland County, Pennsylvania, or any agreement related to such real property. 18. The parties hereby absolutely and irrevocably release, remise, quitclaim and forever discharge Manufacturers and Traders Trust Company, its employees, officers, agents, attorneys, successors and assigns, of and from all actions, suits, payments, accounts, reckonings, claims and demands whatsoever relating to or in any way involving the Estate and Trust under Will of -7- G. Winfield Yarnall through the date of this Agreement, the parties expressly release and discharge Manufacturers and Traders Trust Company from making any claims, demands, objections and exceptions whatsoever against the Estate ofG. Winfield Yarnall ("the Released Claims"). 19. The parties agree that notwithstanding the waiver of formal notice as per the previous paragraph, any notice to any party shall be by first class mail to the address identified for each party in this Agreement. 20. This Agreement shall be binding on, and inure to the benefit of, the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 21. This Agreement constitutes the entire understanding among the parties with respect to the subject matter hereof, no other representations or covenants having induced any party to enter in to this Agreement. This agreement may not be amended or modified in any manner except by written agreement executed by all parties. 22. This agreement may be executed in multiple counterparts and, when so executed, shall be binding upon all parties, and their respective heirs, next of kin, personal representatives, and assigns. IN WITNESS WHEREOF, the parties have executed this Agreement on the date as indicated. G. Winfield Yarnall Estate By: ~--' ~ -t."-. to I ~II ZOa"+ ~oswell, (Date) Administrator, D.B.N.C.T.A. 315 N. Front Street P. O. Box 741 Harrisburg, PA 17108-0741 By: Heather Yarnall (Date) nlk/a Heather Kates 3729 S. Westmont Avenue Bloomington, IN 47403-9292 By: By: Margaret R. P. Yarnall 30 W. Lauer Lane Camp Hill, P A 17011 (Date) Autumn Yarnall nlk/a Autumn Arnold 14555 Stewart Circle Fishers, IN 46038 (Date) -8- G. Winfield Yarnall through the date of this Agreement, the parties expressly release and discharge Manufacturers and Traders Trust Company from making any claims, demands, objections and exceptions whatsoever against the Estate ofG. Winfield Yarnall ("the Released Claims"). 19. The parties agree that notwithstanding the waiver of formal notice as per the previous paragraph, any notice to any party shall be by first class mail to the address identified for each party in this Agreement. 20. This Agreement shall be binding on, and inure to the benefit of, the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 21. This Agreement constitutes the entire understanding among the parties with respect to the subject matter hereof, no other representations or covenants having induced any party to enter in to this Agreement. This agreement may not be amended or modified in any manner except by written agreement executed by all parties. 22. This agreement may be executed in multiple counterparts and, when so executed, shall be binding upon all parties, and their respective heirs, next of kin, personal representatives, and assigns. IN WITNESS WHEREOF, the parties have executed this Agreement on the date as indicated. G. Winfield Yarnall Estate By: By: Jeffrey R. Boswell, (Date) Administrator, D.B.N.C.T.A. 315 N. Front Street P. O. Box 741 Harrisburg, PA 17108-0741 Heather Yarnall (Date) n/k/a Heather Kates 3729 S. Westmont Avenue Bloomington, IN 47403-9292 ByJ#UfUtifi f~~e:. tfL Margaret R. P. Yarnall (Date) 30 W. Lauer Lane / / -;(, ,5-- 07 Camp Hill, PA 17011 / S/;?A' /f? kL'-11/ as to Margaret R. P. only By: Autumn Yarnall n/k/a Autumn Arnold 14555 Stewart Circle Fishers, IN 46038 (Date) -8- " G. Winfield Yarnall through the date of this Agreement, the parties expressly release and discharge Manufacturers and Traders Trust Company from making any claims, demands, objections and exceptions whatsoever against the Estate ofG. Winfield Yarnall ("the Released Claims"). 19. The parties agree that notwithstanding the waiver of formal notice as per the previous paragraph, any notice to any party shall be by first class mail to the address identified for each party in this Agreement. 20. This Agreement shall be binding on, and inure to the benefit of, the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 21. This Agreement constitutes the entire understanding among the parties with respect to the subject matter hereuf, no otht:r representations or covenants having induced any party to enter in to this Agreement. This agreement may not be amended or modified in any manner except by written agreement executed by all parties. 22. This agreement may be executed in multiple counterparts and, when so executed, shall be binding upon all parties, and their respective heirs, next of kin, personal representatives, and assigns. IN WITNESS WHEREOF, the parties have executed this Agreement on the date as indicated. G. Winfield Yarnall Estate Jeffrey R. Boswell, (Date) Administrator, D.B.N.C.T.A. 315 N. Front Street P. O. Box 741 Harrisburg, P A 17108-0741 J '16 I if ...' By:--ii -t ed-iFix- ~ .' u.::fEy eather Yarnall n1k/a Heather Kates 3729 S. W estmont Avenue Bloomington, IN 47403-9292 JJ/7/L)7 (Dare)' By: By: By: Margaret R. P. Yarnall 30 W. Lauer Lane Camp Hill, PA 17011 (Date) Autumn Yarnall n1k/a Autumn Arnold 14555 Stewart Circle Fishers, IN 46038 (Date) -8- G. Winfield Yarnall through the date of this Agreement, the parties expressly release and discharge Manufacturers and Traders Trust Company from making any claims, demands, objections and exceptions whatsoever against the Estate ofG. Winfield Yarnall ("the Released Claims"). 19. The parties agree that notwithstanding the waiver of formal notice as per the previous paragraph, any notice to any party shall be by first class mail to the address identified for each party in this Agreement. 20. This Agreement shall be binding on, and inure to the benefit of, the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 21. This Agreement constitutes the entire understanding among the parties with respect to the subject matter hereof, no other representations or covenants having induced any party to enter in to this Agreement. This agreement may not be amended or modified in any manner except by written agreement executed by all parties. 22. This agreement may be executed in multiple counterparts and, when so executed, shall be binding upon all parties, and their respective heirs, next of kin, personal representatives, and assigns. IN WITNESS WHEREOF, the parties have executed this Agreement on the date as indicated. G. Winfield Yarnall Estate By: By: Heather Yarnall (Date) n/k1a Heather Kates 3729 S. Westmont Avenue Bloomington, IN 47403-9:292 Jeffrey R. Boswell, (Date) Administrator, D.B.N.C.T.A. 315 N. Front Street F. O. Box 741 Harrisburg, PA 17108-0741 Margaret R. P. Yarnall 30 W. Lauer Lane Camp Hill, PA 17011 (Date) By::4~~OCd Autumn Yarnall n/k1a Autumn Arnold 14555 Stewart Circle Fishers, IN 46038 1I-/9~o7 (Date) By: -8- By: Iww fyt"1/ /1-/3'07 Thomas P. Y.1trnall (Date) 7 Wildwood Lane Sudbury, MA 01776 By: Lloyd R. Persun P. O. Box 78 Bowmansdale, P A 17008 (Date) By: By: Elizabeth Y. Jury (Date) John A. Persun (Date) 1010 Swarthmore Road 227 W. Main Street New Cumberland, P A 17070 Waynesboro, PA 17268 By: n_~.. uy. Melissa Y. Schreck (Date) Andrew M. Persun (Date) 31 Farmhouse Lane 3820 Pamay Drive Camp Hill, PA 17011 Mechanicsburg, P A 17055 MANUF ACTURERS AND TRADERS TRUST CaMP ANY, Trustee Under Will ofG. Winfield Yarnall, Deceased BOSWELL, TINTNER, PICCOLA & ALFORD By: By: (Date) (Date) -9- By: By: Thomas P . Yarnall 7 Wildwood Lane Sudbury, MA 01776 (Date) Lloyd R. Persun P. O. Box 78 Bowmansdale, P A 17008 (Date) By: By: Eli a eth Y. Jury John A. Persun (Date) 1010 Swarthmore Road 227 W. Main Street New Cumberland, P A 17070 Waynesboro, P A 17268 By: By: Melissa Y. Schreck (Date) Andrew M. Persun (Date) 31 Farmhouse Lane 3820 Pamay Drive Camp Hill, PA 17011 Mechanicsburg, P A 17055 MANUF ACTURERS AND TRADERS TRUST COMPANY, Trustee Under Will ofG. Winfield Yarnall, Deceased BOSWELL, TINTNER, PICCOLA & ALFORD By: By: (Date) (Date) -9- By: By: Thomas P. Yarnall 7 Wildwood Lane Sudbury, MA 01776 (Date) Lloyd R. Persun P. O. Box 78 Bowmansdale, P A 17008 (Date) By: By: Elizabeth Y. Jury (Date) John A. Persun (Date) 1010 Swarthmore Road 227 W. Main Street New Cumberland. P A 17070 Waynesboro, P A 17268 By: /J1 ~/l\..(p!JtV1S,C/1. ~K II/9J07 By: Melissa Y. Schreck (Date) Andrew M. Persun (Date) 31 Farmhouse Lane 3820 Pamay Drive Camp Hill, P A 17011 Mechanicsburg, P A 17055 MANUFACTURERS AND TRADERS TRUST COMPANY, Trustee Under Will of G. Winfield Yarnall, Deceased BOSWELL, TINTNER, PICCOLA & ALFORD By: By: (Date) (Date) -9- By: By' j1I /f? ~ / /- 2. .I - 07 oyd R. Persun (Date) . O. Box 78 Bowmansdale, P A 17008 Thomas P. Yarnall 7 Wildwood Lane Sudbury, MA 01776 (Date) By: By: Elizabeth Y. Jury (Date) John A. Persun (Date) 1010 Swarthmore Road 227 W. Main Street New Cumberland, P A 17070 Waynesboro, P A 17268 By: By: Melissa Y. Schreck (Date) Andrew M. Persun (Date) 3 1 Farmhouse Lane 3820 Pamay Drive Camp Hill, P A 17011 Mechanicsburg, P A 17055 MANUF ACTURERS AND TRADERS TRUST COMPANY, Trustee Under Will ofG. Winfield Yarnall, Deceased BOSWELL, TINTNER, PICCOLA & ALFORD By: By: (Date) (Date) -9- By: By: Thomas P. Yarnall 7 Wildwood Lane Sudbury, MA 01776 (Date) Lloyd R. Persun P. O. Box 78 Bowmansda1e, PAl 7008 (Date) Elizabeth Y. Jury (Date) 1010 Swarthmore Road New Cumberland, PA 17070 By: By: By: Melissa Y. Schreck 31 Farmhouse Lane Camp Hill, PA 17011 (Date) Andrew M. Persun (Date) 3820 Pamay Drive Mechanicsburg, P A 17055 MANUF ACTURERS AND TRADERS TRUST CaMP ANY, Trustee Under Will ofG. Winfield Yarnall, Deceased BOSWELL, TINTNER, PICCOLA & ALFORD By: By: (Date) (Date) -9- By: By: Thomas P. Yarnall 7 Wildwood Lane Sudbury, MA 01776 (Date) Lloyd R. Persun P. O. Box 78 Bowmansdale, P A 17008 (Date) By: By: Elizabeth Y. Jury (Date) John A. Persun (Date) 1010 Swarthmore Road 227 W. Main Street New Cumberland, PA 17070 Waynesboro, P A 17268 By: By: ,ilL (h PU7~ Ill{ /2oci' Melissa Y. Schreck (Date) Andrew M. Persun (Date) 31 Farmhouse Lane 3820 Pamay Drive Camp Hill, P A 17011 Mechanicsburg, P A 17055 MANUF ACTURERS AND TRADERS TRUST COMPANY, Trustee Under Will ofG. Winfield Yarnall, Deceased BOSWELL, TINTNER, PICCOLA & ALFORD By: By: (Date) (Date) -9- By: By: Thomas P. Yarnall 7 Wildwood Lane Sudbury, MA 01776 (Date) Lloyd R. Persun P. O. Box 78 Bowmansda1e, P A 17008 (Date) By: By: Elizabeth Y. Jury (Date) John A. Persun (Date) 1010 Swarthmore Road 227 W. Main Street New Cumberland, PA 17070 Waynesboro, P A 17268 By: By: Melissa Y. Schreck (Date) Andrew M. Persun (Date) 31 Farmhouse Lane 3820 Pamay Drive Camp Hill, P A 17011 Mechanicsburg, P A 17055 MANUFACTURERS AND TRADERS TRUST CaMP ANY, Trustee Under Will ofG. W"nfie1d Yarnall, Deceased BOSWELL, TINTNER, PICCOLA & ALFORD ASST. VICE PRE5jN:~T & TRUST OFFiCER /(/3~P1 (Date) By: (Date) -9- By: By: By: Thomas P . Yarnall 7 Wildwood Lane Sudbury, MA 01776 (Date) Elizabeth Y. Jury (Date) 1010 Swarthmore Road New Cumberland, P A 17070 Melissa Y. Schreck 31 Farmhouse Lane Camp Hill, PA 17011 (Date) MANUF ACTURERS AND TRADERS TRUST CaMP ANY, Trustee Under Will ofG. Winfield Yarnall, Deceased By: (Date) By: (Date) Lloyd R. Persun P. O. Box 78 Bowmansdale, P A 17008 By: (Date) John A. Persun 227 W. Main Street Waynesboro, P A 17268 By: Andrew M. Persun (Date) 3820 Pamay Drive Mechanicsburg, P A 17055 BOSWELL, TINTNER, PICCOLA & ALFORD ~ '7- / ,/ / '7/ .. By: ///j!j~ -9- t!/3( ClCt7/ (Date) COMMONWEALTH OF PENNSYL VANIA : ss. COUNTY OF DAUPHIN On this, the 31 ~ day of rJ ~ , 2007, before me, the undersigned, personally appeared Jeffrey R. Boswell, who acknowledged himself to be the Administrator, D.B.N.C.T.A., of the Estate ofG. Winfield Yarnall, Deceased, executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~. NOTARY PUBLIC COMMONWE,A,L TH OF PENNSYLVANIA Notarial Seal Connie L. Hardy, Notary Publ'lC City Of Harrisburg, Dauphin County My Commission Expires Feb. 16, 2011 Member, Pennsylvania Association of Notaries -10- COMMONWEALTH OF PENNSYL VANIA SS: COUNTY OF DAUPHIN On this, the ol7 u. day of N ~~v , 2007, before me, the undersigned officer, personally appeared LLOYD R. PERSUN, known to me (or satisfactorily proven) to be a member of the bar of the highest court of said state, Supreme Court ID No. 10139, and a subscribing witness to the within instrument and certified that he was personally present when MARGARET R. P. YARNALL, surviving spouse and Beneficiary of the Estate ofG. Winfield Yarnall, Deceased and Beneficiary of the Trust Under Will ofG. Winfield Yarnall, whose name is subscribed to the within instrument executed the same, and that said person acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal the day and year aforesaid. ~1r.~ N ry PublIc COMMONWEALTH OF PENNSYLVANIA Notarial Seal Joan E. Brothers, Notary Public Susquehanna Twp., Dauphin County My Commission Expires Feb. 12,2010 Mtmber, Pennsylvania Association of Notaries -11- STATE OF MASSACHUSETTS : ss. COUNTY OF On this, the \ ~ -t \;, day of ---.N (j ve\MbQ r ,2007, before me, the undersigned, personally appeared THOMAS P. YARNALL, who acknowledged himself to be a Beneficiary of the Estate ofG. Winfield Yarnall, Deceased, and Remainderman of the Marital Trust Under Will ofG. Winfield Yarnall, executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Q~X^~^,-~0Q ~ . NOTAR PUBLI - Patrick Forde, Jr. 4-1C Notary Public ., My Commission Expires November 29,2013 Commonwealth of Massachusetts -12- COMMONWEAL TH OF PENNSYL VANIA : ss. COUNTY OF CUty\~,c('1 ~cI On this, the ~ rcl. day of 1\S()JprrY"{'r ' 2007, before me, the undersigned, personally appeared ELIZABETH Y. JURY, who acknowledged herself to be a Beneficiary of the Estate ofG. Winfield Yarnall, Deceased, and Remainderman of the Marital Trust Under Will ofG. Winfield Yarnall, executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~\ ~\" 1~ -_ Q..L.'ct(\ \ , A NO ARY PUBLIC ,'~~!..!!~:~~LAUr! Of PENNSYLVANIA , NOTARIAL SEAL SUSANL MILLER, Notary Public (;am~i Hill Bora, Cumberland County ,- . . 'r" ~.; ;""1 E ~~l~,~.~c Sept. 19, 2009 -13- COMMONWEAL TH OF PENNSYLVANIA : ss. COUNTY OF On this, the C, .~ day of --"V) 0. '> D v.......\:>P/, ,2007, before me, the undersigned, personally appeared MELISSA Y. SCHRECK, who acknowledged herself to be a Beneficiary of the Estate ofG. Winfield Ylrnall, Deceased, and Remainderman of the Marital Trust Under Will ofG. Winfield Yarnall, executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. /' '0 '~...A-.-- ~ " ~. ~"-,, L)^-~~\ n::'__ NOTARY PUBLIC COMMONWEA~_.::.::_Qt.t:~JI'JSYL VANIA Notada! Seal Vicki K. DubUisson, Notary Public Susquehanna Twp., Dauphin County My Commission Expires Sept. 26, 2009 Member, PHnnSYlvani,;-A;;;~,ation of Notaries -14- '. .1 ST A TE OF INDIANA : ss. COUNTY OF On this, the . Ii h day of NO\J{ \Y\ \rx ( ,2007, before me, the undersigned, personally appeared HEA THER YARNALL, n/k/a HEA THER KATES (daughter of Go Winfield Yarnall, Jr., Deceased, and granddaughter of Go Winfield Yarnall), who acknowledged herself to be an adult, a Beneficiary of the Estate of Go Winfield Yarnall, Deceased, and Remainderman of the Marital Trust Under Will ofG. Winfield Yarnall, executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~ll (l'V\ iLl rxf'~ti(Ul{) NOTARY PUBLIC (:~t:;~~:j .~. SEAL .~.: ~.'~1,;":P!.~~'" STEPHANIE DECKARD Monroe County My Commission Expires March 19, 2015 -15- STATE OF INDIANA : ss. COUNTY OF On this, the lq~ day of noJtmbif ,2007, before me, the undersigned, personally appeared AUTUMN YARNALL, nlkla AUTUMN ARNOLD (daughter ofG. Winfield Yarnall, Jr., Deceased, and granddaughter ofG. Winfield Yarnall), who acknowiedged herself to be an aduit, a Beneficiary of the Estate ofG. \Vinfield Yarnall, Deceased, and Remainderman of the Marital Trust Under Will ofG. Winfield Yarnall, executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~5. \~ ~.;('i-;I.{){)'i NOTARYPU LIC -16- . ~ COMMONWEAL TH OF PENNSYLVANIA : ss. COUNTY OF ff+ On this, the J.. I ~ day of N ~v , 2007, before me, the undersigned, personally appeared LLOYD R. PERSUN, who acknowledged himself to be the surviving spouse's son and who executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ (.~ . NOTARY PUBLIC COMMONWEAL TH OF PENNSYLVANIA J Notarial Seal Soan E. Brothers, Notary Public Usquehanna Twp 0 ' MYCom " ., auphln County miSSIOn Expires Feb. 12 2010 Member Pe I ' ' , nnsy vania Association of Notaries -17- ./ COMMONWEAL TH OF PENNSYLVANIA : ss. COUNTY OF On this, the I q -+t--. day of U Q C. e l'-\ b€ R , 2007, before me, the undersigned, personally appeared JOHN A. PERSUN, who acknowledged himself to be the surviving spouse's son and who executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Catherine R Cromack. Nolary Public Chambersburg Boro. Frartin County My Commission Expires Nov. 21, 2011 Member, Pennsylvania Jl.ssoclallon of Notaries ~f:~ NOTARY PUBLIC -18- j' COMMONWEAL TH OF PENNSYL VANIA /( . /1 I (/{.ltt-c-l t---L.t~,1L~--r:''- : ss. COUNTY OF On this, the I day of , 200g, before me, the undersigned, personally appeared ANDRE . PERS , who acknowledged himself to be the surviving spouse's son and who executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF, J hereunto set my hand and official seal. '7;~ ~i:0 -r) /(N'-- . \ NOTARY PUBLIC .'-...) COMMONWEALTH OF PENNSYLVANIA NolalfaI Seal Marguerite V. Koons, Notary P\JbIIc East Pennsboro TYop., CuTlbertand COt.I1ly My CommIssion ExpIres S8pt. 25, 2011 Member, Pennsylvl!nl:ll ",..ooIltton of NotIrtes -19- f '. COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF DAUPHIN }uh f{t r, On this, the 50 da of . /'l,-f,?y"L.N,-{/V , 2007, before me, the undersigned, personally appeared RUi h ')1) fn6/f)i LlpfJ , who acknowledged herself to be the J1L:;C. J. V ic. e ferZs; df,J f of Manufacturers and Traders Trust Company, ,........ . Trustee Under Will of G. Winfield Yarnall, Deceased, executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~uu 1J1). itJ0,vJvL NOTARY f>UBLIC COMMONWeALTH OF PENNSYlVANIA Notari8I Seal Donna M l..orIgnIIker. NotIry PI.dc CIty Of Harl'l5bt.tV, Dauphin ColM1ly My C'..ommls8lon ~. Oct TT, 2011 Member, Pennt)llv.nIII AtIocIatlon of Not8rIeI -20- .,. COMMONWEAL TH OF PENNSYLVANIA : ss. COUNTY OF DAUPHIN On this, the 31 s t day of Oc tober , 2007, before me, the undersigned, personally appeared Leonard Tintner , who acknowledged himself to be the Partner of Boswell, Tintner, Piccola & Alford, executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~~ NOTARY PUBLIC MMONWl!AL 'fH 6F flENNSYLVANJA Notarial Seal Connie L. Hardy, NotaJy Public City Of HarriSblJrg, Dauphin County My Commission Expires Feb. 16, 2011 Member, Pennsylvania Association of Notaries -21- I PROPOSED SCHEDULE OF DISTRIBUTION G. WINFIELD YARNALL ESTATE Per Article SIXTH of Last Will and Testament: TO: Manufacturers and Traders Trust Company, Trustee of Marital Trust Under Will Current Fiduciary Value Acquisition r--1 ::-'....J @Ol/3l/06 ValueC) ~:::;; c::t (~_.,~~ 0 c. COMMON STOCKS - - li -0 ,. -~ N 140 shs. Aetna Inc New 13,552.00 2,432.50 f--' 308 shs. Chevron Corp 18,289.04 1O,050.0(J, . --, .._~ " -. 1,000 shs. Dominion Res Black Warrior Tr 49,110.00 20,875.00 ' -~ - 399 shs. Dow Chemical Co 16,877.70 11,135.69- ~ I...,j 740 shs. Exelon Corp 42,490.80 9,481.25_~: 0 831 shs. First Energy Corp 41,633.10 11,375.00' CJ..) 400 shs. Glaxosmithkline Pic Sp Adr 20,496.00 12,700.00 900 shs. Home Depot Inc 36,495.00 10,600.00 800 shs. Intel Corp 17,004.00 12,376.00 690 shs. Inti Business Machines Corp 56,097.00 26,715.10 1,600 shs. Johnson & Johnson 92,064.00 42,900.00 300 shs. Marathon Oil Corp 23,061.00 6,862.50 600 shs. Mellon Finl Corp 21,162.00 10,556.25 200 shs. Occidental Prtroleum Corp-Del 19,542.00 4,675.00 1,000 shs. PPL Corp 30,130.00 11,625.00 219 shs. Pepco Holdings Inc. 5,039.19 3,425.00 141 shs. Public Service Enterprise Grp 9,816.42 4,018.50 228 shs. Southern Co 7,934.40 5,044.50 1,499 shs. Sovereign Bancorp Inc. 32,678.20 8,856.82 2,600 shs. Time Warner Inc 45,578.00 5,301.56 1,552 shs. Tyco Inti Ltd New 40,429.60 36,852.38 1,210 shs. Verizon Communications 38,308.60 41,400.00 648 shs. Wachovia Crop 2nd New 35,529.84 21,800.00 310 shs. Xcel Energy Inc. 6,020.20 5,700.00 TOTAL 719,338.09 336,758.05 CLOSED END FUNDS 108.530 I shs. Gabelli Global Multimedia Tr * 1,155.85 746.14 27.1301 shs. Reinvestments to date * 288.94 240.35 1,222.8021 shs. Gabelli Equity Trust Inc. ** 10,295.99 10,318.70 286.5407 shs. Reinvestments to date ** 2,412.67 2,941.17 121.5233 shs. Gabelli Util Tr 1,164.19 1,139.28 28.4 767 shs. Reinvestments to date 272.81 290.56 TOTAL 15,590.45 15,676.20 * 135 shares delivered .6602 shares redeemed, proceeds placed in estate's bank deposit program ** 1,509 shares delivered .3428 shares redeemed, proceeds placed in estate's bank deposit program I PREFERRED STOCKS 600 shs. Amerco Ser A 8 1/2% Cum Pfd 15,180.00 MUTUAL FUNDS 1,862.741 shs. 1.95 shs. 5,115.81 shs. 2,564.863 shs. 1.091 shs. 573.939 shs. 1,515.873 shs. Aim Income Fund Cl A Reinvestments to date Delaware Am. Government Bond Fund A Eaton Vance Pa Muni Fund Class A Reinvestments to date Lord Abbett Affiliated Fund Class A Van Kampen US Mortgage Fund Class A 11,847.03 12.40 38,368.58 25,417.79 10.81 8,362.29 20,615.87 TOTAL 104,634.77 CASH. MONEY FUNDS Smith Barney Bank deposit program-principal 453,843.27* * Remaining principal (cash) as of 09/28/06 Per Estate Settlement Agreement: TO: Thomas P. Yarnall Elizabeth M. Jury Melissa A. Schreck Autumn Arnold, daughter ofG. Winfield Yarnall, Jr., deceased Heather Kates, daughter of G. Winfield Yarnall, Jr., deceased PERSONAL PROPERTY 14,700.00 18,538.33 13.26 39,647.53 27,157.85 10.86 7,393.91 22,162.06 114,923.80 23,361.00 Distribution of Personal Property, equally to G. Winfield Yarnall's four (4) natural children, namely Thomas P. Yarnall, Elizabeth M. Jury, Melissa A. Schreck, and G. Winfield Yarnall, Jr., who died on October 4, 2004, survived by his daughters, Autumn Arnold and Heather Kates, who will take their father's one-fourth share, which personal property is comprised of: Coin collection, as per Warman's Coins & Currency: Jewelry, as per Morrow Diamonds appraisal: Miscellaneous personal property: Specific personal property, as per Cordier appraisal: Cash, as per Margaret R. P. Yarnall payment, pursuant to May 17, 1994, Agreement Concerning Real Property: Cash, as per Estate Settlement Agreement: TOTAL 1,500.00 4,531.75 2,000.00 11,945.00 25,000.00 16,000.00 60,976.75 \ , tJAN J J Z008f IN RE: ESTATE OF G. WINFIELD YARNALL, Deceased IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-1996-1014 ORDER OF COURT AND NOW, this?- ~ rJday of January, 2008, upon consideration of the Estate Settlement Agreement, filed of record, it is hereby ORDERED that 1. The parties shall abide by the agreements, responsibilities, and obligations as set forth in the Estate Settlement Agreement; 2. Any and all Objections made to the First and Final Account and the Supplemental Account are deemed withdrawn; 3. The First and Final Account and the Supplemental Account are confirmed; 4. The proposed Schedule of Distribution and any advance distributions made in accordance with this Schedule of Distribution are approved; 5. Wayne F. Shade, Esquire, the Auditor, appointed by Order of Court, dated April 25, 2006, is discharged; and 6. Upon completion of specific items to be performed by the Administrator as set forth in the Estate Settlement Agreement, Jeffrey R. Boswell, Administrator, D.B.N.C.T.A., is discharged from any further obligations and responsibilities. N BY THE COURT, I :' / / Ii, // '----::7 ...::r- .,.:.....,. < D- ...::.t ('-1 :::.:'" <1. ,~ ,; J C::l C-....:,-.i '--' C'""~ . # Distribution: Jeffrey R. Boswell, Esquire P. O. Box 741 Harrisburg, PA 17108-0741 Attorney for the Estate of G. Winfield Yarnall Thomas A. French, Esquire 1 South Market Square P.O. 1146 Harrisburg, PA 17108-1146 Attorney for Trustee Debra K. Wallet, Esquire 24 N. 32nd Street Camp Hill, PA 17011 Attorney for Objectors John A. Persun 227 W. Main Street Waynesboro, PA 17268 Agent for Margaret R.P. Yarnall In Re: G. Winfield Yarnell, Deceased ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA NO. 21-1996-1014 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 1/23/08 JUDGE'S INITIALS: JWO TIME STAMP DATE: 1/24/08 IN RE: ORDER OF COURT """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" SERVICE TO: JEFFREY R BOSWELL DEBRA K WALLET JOHN A PERSUN METHOD OF MAILING: ENVELOPES PROVIDED BY: t8J USPS DRRR o HAND DELIVERED o OTHER_ t8J PETITIONER o JUDGE o CLERK OF ORPHANS COURT MAILED: 1/24/08 """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""",' SERVICE TO: THOMAS A FRENCH METHOD OF MAILING: ENVELOPES PROVIDED BY: t8J USPS DRRR o HAND DELIVERED o OTHER_ t8J PETITIONER o JUDGE o CLERK OF ORPHANS COURT MAILED: 1/24/08 \ Deputy Clerk of Orphans' Court 677256.1 .,.... , Thomas A. French, Esquire Attorney I.D. No. 39305 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, P A 17108-1146 (717) 233-5731 Attorneys for Manufacturers and Traders Trust Company INRE: ESTATE OF G. WINIFRED YARNALL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA ORPHANS' COURT DIVISION No. 21-1996-1014 PRAECIPE TO WITHDRAW OBJECTIONS Manufacturers and Traders Trust Company, Successor to Dauphin Deposit Bank and Trust Company, by its attorneys, Rhoads & Sinon LLP, files this Praecipe to Withdraw Objections to the First and Final Account of Jeffrey R. Boswell, Administrator D.B.N.C.T.A. Respectfully submitted, RHOADS & SINON LLP By: d/~ TttOmas A. French, Esquire One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Manufacturers and Traders Trust Company 'v;j ':':'" . ~_.~; :;:JK1J I Li-\(':,'-\ (, 1\ i,':J IUQ J.Cl IV'..J '~, "j ')nClo ...1" \!{nl/1 -..H.J /,c~ v 8~ : 1/ H~ 82 NVr eaoz ~ //.~ , . ,. CERTIFICATE OF SERVICE I hereby certify that on January~, 2008, a true and correct copy of the foregoing Praecipe to Withdraw Objections was served by means of United States mail, first class, postage prepaid, upon the following: Jeffrey R. Boswell, Esquire Boswell, Tintner, Piccola & Alford 315 N. Front Street Harrisburg, PA 17101 WaYne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone:(717) 240-6345 N n ~--- O ~ ~'1 ~.~ _ ~ i l _. 0 ~n ~ Date: 10/28/2008 ` ~°~%~' ~ ~;- '- _ v= ~ ~ BOSWELL JEFFREY R ; J-,-, ~ 315 N FRONT ST '.--} ~~ PO BOX 741 -~ a HARRISBURG, PA 17108-0741 ~ vii RE: Estate of YARNALL G WINFIELD File Number: 1996-01014 Dear Sir/Madam: This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, N0. 103 SUPREME COURT RULES DOCKET NO. 1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 11/26/2008 Please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard this notice. Sincerely, L~~~x Glenda Farner Strasbaugh Clerk of the Orphans' Court cc: File Personal Representative(s) Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone:(717) 240-6345 Date: 10/28/2008 BOSWELL JEFFREY R 315 NORTH FRONT STREET PO BOX 741 HARRISBURG, PA 17101 RE: Estate of YARNALL G WINFIELD File Number: 1996-01014 Dear Sir/Madam: c7 ~' p ~ _ -- ~ c~ r -n r~ ~-; - ;. n . --i , , ~ ~-- _~ 7 t17 - - v -:, ~ _ ~_ r-:::~ :.~> -~ ~ ~.. -,;, , , ,- .._~ _ - T ~ ~J -~ -. Cf1 p't This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, N0. 103 SUPREME COURT RULES DOCKET NO. 1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 11/26/2008 Please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard this notice. Sincerely, t~~~~ Glenda Farner Strasbaug Clerk of the Orphans' Court cc: File Counsel In Re: Estate of 1"ARNALL G WINFIELD ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 1996-01014 NOTICE OF FAILURE TO FILE STATtiS REPORT Personal Representative: BOSWELL JEFFREY R Counsel for Personal Representative: BOSWELL JEFFREY R Date of Decedent's Death: 11/26/1996 r ~ a n `-` ._1 >. -~ , -__;_= ~ y - ~ z~ - ._ ' =_:, ~ ._ ~ The Orphans' Court record indicates that neither the above named personal representative nor the above named counsel for the personal representative have filed with the Register of wills or Clerk of the Orphans' Court his, her or its Status Report required by Rule 6.12, Supreme Court Orphans' Court Rule and that the requisite notice, pursuant to Rule 6.12, Supreme Court Orphans' Court Rules, is hereby given by that the you have ten (10) day to file the Status Report. If the required 6.12 form is not filed in accordance with Rule 6.12 the Court will be notified of such delinquency and the undersigned will requests that a Court conduct a hearing to detcrmi~ie whether sanctions should be imposed upon the delinquent personal representative or counsel for the delinquent personal representative. Date: 12/3/2008 Glenda Farner Strasbaugh Clerk of the Orphans' Court Distribution: Personal Representative Counsel for Personal Representative Estate File t~~la ~ ~ ~~vU~ IN RE: ESTATE OF YARNALL G WINFIELD ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 1996-01014 NOTICE OF FAILURE TO FILE STATUS REPORT AND REQUEST TO CONDUCT A HEARING PURSUANT TO RULE 6.12, SUPREME COURT ORPHANS' COURT RULE Personal Representative: BOSWELL JEFFREY R `'~' ~ `~ ~x'a C7 tc-~i ;, Counsel for Personal Representative: BOSWELL JEFFREY R ,'`y~ ~ ~ Date of Decedent's Death: 11/26/1996 Date of Delinquency Notice: cn ~: ~~,~~~ sp ~~~-„ ~ `~ ~7 Q --~ ca c~ The undersigned, Glenda Farner-Strasbaugh, Clerk of Orphans' Court, in accordance with Rule 6.12, Supreme Court Orphans' Court Rules, hereby notifies the Orphans' Court Division, Court of Common Pleas of Cumberland County, that neither the above named personal representative nor the above named counsel for the personal representative have filed with the Register of Wills or Clerk of the Orphans' Court his, her or its Status Report required by Rule 6.12, Supreme Court Orphans' Court Rule and that the requisite notice, pursuant to Rule 6.12, Supreme Court Orphans' Court Rules was given on the above date and that the ten (10) day notice to file the Status Report has expired. Accordingly, in accordance with Rule 6.12 the Court is hereby notified of such delinquency and the undersigned requests that a Court conduct a hearing to determine whether sanctions should be imposed upon the delinquent personal representative or counsel for the delinquent personal representative. Date: 12/15/2008 L1~~~1~~~~~`Q"' Glenda Farner Strasbaugh Clerk of the Orphans' Court Distribution: Personal Representative Counsel for Personal Representative Estate File A hearing is scheduled Monday, February 2, 2009 at 11AM in Courtroom No. 2 . If the Status Report is filed prior to the hearing date, thehearing will automatically be cancelled. `~ . _. _ ~- _~_. . ; Edgar B. Bayley, J. ~~. ®.~. I~~a~e 6~ 12 S'T ~. ~ STS P®~~' REGISTER OF WILLS OF cvMBERLANn Nan7e of Decedent: G. Winfield Yarnall COU`I~TTY, PENtiSYLVANIA Date of Death: 11/25/ 1996 File Number: 1996-01014 v.,,-,..,.,,,++,. b., n r D„1° ~ 17 7,-°,-,n,-f the f,~1101x~ina ~z~it}i racnPCi to r_mm~1P_.Yiop of t11P, 2d7~~7T]]Stl-at1071 Of i ~.~1~uu11~ ~v i u. v.`.~. i~ui~.. ..:, . ~.,t,..,.~ "b t'--- r- the above-captioned estate: 1. State whether adninistration of the estate is complete :.................... ~ Yes ~No 2. Ifthe answeris No, state when the personal representative reasonably believes that the administration will be complete: March 3, 2009 3. If the answer to No. 1 is YES, state the following: Gin to a. Did the personal representative file a final account with the Court? ....... Yes ~ 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 a C ~ oar°r°~r+c releases ~~inders ar_d approvals of formal or informal accounts may be u. ogres ~ .~...,.r~.,, . , ~ - filed with the Cleric of the Orphans' Court and may be attached to this report. January 2, 2009 L= . ~.- _._ ._: f L- ' _ W '.:, _ -_~ C~ Forna!iYP-l0 rev. JO-13.06 Signature of Person Filin,; this Form Capacity: ~ rsonat Representative (~ Coznlsel .Name o 012 1 no f1t1S F02-n2 ~e r~ey R. Boswell, Esquire 315 N_ Front Street, P_O_ Box 741 Address Harrisburg, PA 17108-0741 (717) 2-36-9377 Telephone L,~ STATUS REPORT UNDER RULE 6.12 Name of Decedent: G. Winfield Yarnall Social Security No. 717-12-7126 Date of Death: October 26 2007 Will No. Register File No. 1996-01014 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 to #1 is No, state when the personal representative reasonably believes that the administration will be complete: 3. If the answer to #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's account is: c. Did the personal representative state an account informally to the parties in interest? Yes _X_ No d. Copies of receipts, releases, joinders, and approvals of formal or information accounts may be filed with the Clerk of the Orphans' Court and maybe attached to this report. -Copy of Estate Settlement Agreement, dated as of October 16, 2006, tiled of record on January 22, 2008. Date: February 17, 2009 Signature: . Name: Jeffr oswel Es re Address: 315 North Front Street Harrisburg PA 17101 Telephone: (717236-9377 ~ ~ Ca acit Personal Representative _ ~. c p y~ X Counsel ,- ~~. , ,_ ; _... +~-{ '- ~'~ Lt..! ~- i.. - Li. ~ ~- ,_ rn U C~