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HomeMy WebLinkAbout06-25-08,~"/2g 9~~' 8) IN THE COURT OF COMMON PLEAS OF CUMBERLA4ND COUNTY, PA ORPHANS' COURT DIVISION FILE NO.21-OS-59 FIRST AND FINAL ACCOUNT OF ROSE N. WARREN, ADMINISTRATRIX C.T.A. For ESTATE OF CLAIRE ANN RETTBERG, DECEASED Social Security #: 009-10-9811 Tax ID #: 86-63392:16 Date of Death: January 8, 2005 Date of Incapacity, if any: None Date of Appointment: March 21, 2006 Date of First Complete Advertisement: February ]. 1, 2005 Accounting for the period: January 8, 2005 to June 11, 2008 Purpose of Account: The Administratrix c.t.a. 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, questions or objections can be discussed with: Wayne F. Shade, Esquire 53 West Pc-mfret Street Carlisle, Pennsylvania 17013 717-243-0220 ~_, Supreme Court I.I~'~o. 157;1:2 ~~, -~ r., - = = G-; _.~ ,; ~,=- -- - -~ j . ~~~e .. Y s SUMMARY OF ACCOUNT PRINCIPAL PAGES Receipts 3 $123,918.3 7 Net Gain or Loss on Sales or 4 91.60 $124,009.97 Disposition Less Disbursements: Debts of Decedent 4 9.90 Funeral Expenses 4 2,726.79 Administration Expenses 4 8,004.46 Family Exemption 5 0.00 Federal, State & Local Taxes 6 983.76 Fees and Commissions 6 9,000.00 20,724.91 Balance before Charges 103,285.06 Charges against Ralph M. 6 15,381.02 Rettberg Principal Balance Remaining 87,904.04 INCOME Receipts 8 9,808.38 Less Disbursements 8 0.00 Balance before Distribution 9,808.38 Distributions to Beneficiaries 0.00 Income Balance Remaining 9,808.38 COMBINED BALANCE $97.712.42 REMAINING Verification 9 -2- PRINCIPAL RECEIPTS 1 / 8/05 Household contents 1 / 8/05 Cash 1/ 8105 Prudential Financial, dividend 1 / 17/05 The Patriot-News, subscription refund 1131/05 Catholic Digest, subscription refund 2/ 2/05 854.820 shares of GNMA Fund-Class AARP Account No. 00705322458 2/10/05 Wachovia Bank, N.A., Certificate of Deposit No. 247022041118070 3/ 2/05 M&T Bank, Checking Account No. 71399283 3/ 3/05 Shipley Energy Co., monthly budget fuel oil credit 3/23!05 Ralph M. Rettberg, fuel oil credit reimbursement 7/ 1105 Commonwealth of Pennsylvania, property tax rebate 3/ 3/08 Proceeds of sale of house and lot of ground known and numbered as 620 Letort Spring Road, Carlisle, Pennsylvania, and more particularly bounded and described in Cumberland County Deed Book "Q", Volume 21, Page 1111 3/ 3/08 1st Advantage Settlement Services, Inc., refund of overpayment of water and sewer 3/12/08 PPL, refund of electric use 3/20/08 State Farm, homeowner's insurance refund 6/ 3/08 Pennsylvania Department of Revenue, refund of inheritance tax TOTAL PRINCIPAL RECEIPTS $235.00 3,955.73 79.50 8.10 21.00 12,959.07 1,130.12 1,210.88 137.77 162.47 500.00 103,049.85 29.25 81.18 140.06 218.39 $123,918.37 -3- GAINS AND LOSSES ON SALES OR OTHER DISPOSITIONS Gain Loss 2115105 858.032 shares of GNMA Fund-Class AARP Account No. 00705322458 Net Proceeds $13,050.67 Fiduciary Acquisition Value 12,959.07 $91.60 $91.60 TOTAL GAIN ON SALES $91.60 PRINCIPAL DISBURSEMENTS DEBTS OF DECEDENT 4/ 7/05 Darlene L. Moyer, per capita tax $9.90 TOTAL DEBTS OF DECEDENT $9.90 FUNERAL EXPENSES 2/ 2/05 Rose N. Warren, reimbursement for Funeral luncheon $955.08 Travel and food expense 58.81 $1,013.89 2/ 2/05 Holcombe Funeral Home, Inc., funeral expenses 1; 712.90 TOTAL FUNERAL EXPENSES $2,726.79 ADMINISTRATION EXPENSES 2/ 2/05 Wayne F. Shade, Esquire, reimbursement for Probate fees $30~?.00 Cumberland Law Journal, advertise Letters Testamentary 75.00 $377.00 2/ 2/05 Rose N. Warren, reimbursement for personal property appraisal 25.00 -4- 2/ 2/05 Borough of Carlisle, water and sewer 16.18 2/21/05 Z'he Sentinel, advertise Letters Testamentary 137.03 3/18/05 Register of Wills, estimated Inheritance Tax 4,300.00 8/ 4106 Borough of Carlisle Tax Account, school real estate taxes 1,213.36 8/ 7/06 Borough of Carlisle Tax Account, County and Borough real estate taxes 561.56 10! 5/07 Borough of Carlisle, water and sewer 18.86 10/11/07 Diversified Appraisal Services, real estate appraisal 304.00 10/25/07 PPL, electric service 9.63 10/26/07 State Farm, homeowner's insurance 267.00 10/29/07 Borough of Carlisle, water and sewer 30.36 11 /20/07 PPL, electric service 8.21 12/ 3/07 Borough of Carlisle, water and sewer 18.86 12/31!07 All Mechanical Contractors, Inc., winterize house 96.08 12/31/07 PPL, electric service 115.72 1 / 8/08 Borough of Carlisle, water and sewer 18.86 2i 4/08 Borough of Carlisle, water and sewer 20.75 2! 6/08 Rose N. Warren, reimbursement for notary expense 5.00 3/20/08 Register of Wills, file Pennsylvania inheritance tax 15.00 6/11/08 Register of Wills, reserve for filing Account, etc. 450.00 TOTAL ADMINISTRATION EXPENSES $8,004.46 FAMILY EXEMPTION Waived -5- FEDERAL, STATE, AND LOCAL TAXES 3/20/08 Register of Wills, Pennsylvania inheritance tax $983.76 TOTAL FEDERAL, STATE AND LOCAL TAXIES $983.76 FEES AND COMMISSIONS 6/ 11 /08 Wayne F. Shade, Esquire, attorney fee $9.000.00 TOTAL FEES AND COMMISSIONS $9,000.00 TOTAL PRINCIPAL DISBURSEMENTS $20,724.91 CHARGES AGAINST THE SHARE OF RALPH M. RETTBERG 11 /28/05 MBNA America, Account No. 431304050001640"~ $2,095.00 1/ 6/06 FedEx, express mail 16.83 3/ 3/06 State Farm, homeowner's insurance 254.00 3/ 6/06 Register of Wills, probate 38.00 4/11/06 Borough of Carlisle, water and sewer 12.16 4/17/06 Borough of Carlisle, water and sewer 16.18 5! 8/06 Borough of Carlisle, water and sewer 16.31 6/ 6106 Borough of Carlisle, water and sewer 16.18 7/10/06 Borough of Carlisle, water and sewer 19.47 8/ 9/06 Borough of Carlisle, water and sewer 19.47 9/15106 Borough of Carlisle, water and sewer 16.18 11/ 7/06 Borough of Carlisle, water and sewer 35.65 12/ 5/06 Borough of Carlisle, water and sewer 16.18 12/28/06 PPL, electric service 380.23 1/ 9107 York Waste Disposal, dumpster and trash removal 555.00 -6- 1/16/07 Borough of Carlisle, water and sewer 18.86 1/26/07 PPL, electric service 98.21 2/ 6/07 Borough of Carlisle, water and sewer 18.86 3/ 8107 Borough of Carlisle, water and sewer 18.86 4/ 2/07 Borough of Carlisle, water and sewer 18.86 51 7107 Borough of Carlisle, water and sewer 18.86 6/ 4/07 Borough of Carlisle, water and sewer 18.86 7/ 2/07 Borough of Carlisle, water and sewer 22.77 8/ 7/07 Borough of Carlisle, water and sewer 60.72 8/15/07 Hilton's Lock Service, lock service 71.28 8/28/07 York Waste Disposal, Inc., dumpster rental 247.19 9/ 5107 Borough of Carlisle, water and sewer 22.77 9/10/07 PPL, electric service 663.39 9/13/07 Kruger's Rental Service, flashing barricade 184.86 9/18/07 Terry Lindsey, trash removal 685.00 9121 /07 PPL, electric service 11.98 9/30/07 Rent from March of 2006 through September of 2007 9,500.00 3/20/08 State Farm, homeowner's insurance refund 140.06 6/11108 Wayne F. Shade, Esquire, reimbursement for filing and service of petition for removal of executor 52.79 TOTAL CHARGES AGAINST RALPH M. RETTBERG $15,381.02 -7- INCOME RECEIPTS 2/ 10105 9/30/07 5/ 9/08 Wachovia Bank, N.A., Certificate of Deposit No. 247022041 118070, interest Rent from March of 2006 through September of 2007 Orrstown Bank, interest TOTAL INCOME RECEIPTS $1.52 9,500.00 306.86 $9,808.38 INCOME DISBURSEMENTS None -8- VERIFICATION ROSE N. WARREN, Administratrx c.t.a. of the Will of Claire Ann Rettberg, Deceased, hereby declares under oath that -he has fully and faithfully discharged the duties of her office; that the foregoing First and Final 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 heir knowledge, there are no claims outstanding against the Estate; that all taxes presently due from the Estate have been paid; and that the grant of Letters of Administration c.t.a. and the first complete advertisement thereof occurred more than four months before the filing of the foregoing First and Final Account. This statement is made subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: June 13, 2008 ~.-, Rose N. Warren -9- 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, pA ORPHANS' COURT DIVISION FILE NO. 21-OS-59 FIRST AND FINAL ACCOUNT OF ROSE N. WARREN, ADMINISTRATRIX C.T.A. For ESTATE OF CLAIRE ANN RETTBERG, DECEASED Social Security #: 009-10-9811 Tax ID #: 86-6339216 Date of Death: January 8, 2005 Date of Incapacity, if any: None Date of Appointment: March 21, 2006 Date ofFirst Complete Advertisement: February 11, 2005 Accounting for the period: January 8, 2005 to June 11, 2008 Purpose of Account: The Administratrix c.t.a. 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, questions or objections can be discussed with: Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, Pennsylvania 17013 717-243-0220 Supreme Caurt I.D. No. 15712 t~7 r~.~ - =; [._ <-~ - ~ti7 .~ . ,. _~ - ~•' ~ _ - --~ .~ -= __ ; J ~ .:. J CJ' SUMMARY OF ACCOUNT PRINCIPAL PAGES Receipts 3 $123,918.37 Net Gain or Loss on Sales or 4 91..60 Disposition Less Disbursements: Debts of Decedent 4 9.90 Funeral Expenses 4 2,726.79 Administration Expenses 4 8,004.46 Family Exemption 5 0.00 Federal, State & Local Taxes 6 983.76 Fees and Commissions 6 9,000.00 Balance before Charges Charges against Ralph M. 6 Rettberg Principal Balance Remaining INCOME Receipts 8 9,808.38 Less Disbursements 8 0.00 Balance before Distribution 9,808..38 Distributions to Beneficiaries 0.00 Income Balance Remaining COMBINED BALANCE REMAINING Verification 9 -2- $124,009.97 20.724.91 103,285.06 15 381.02 87,904.04 9,808.38 X97 712.42 PRINCIPAL RECEIPTS 1/ 8/05 Household contents $235.00 1/ 8/05 Cash 3,955.73 1/ 8/05 Prudential Financial, dividend 79.50 1 / 17/05 The Patriot-News, subscription refund 8.10 1131/05 Catholic Digest, subscription refund 21.00 2/ 2/05 854.820 shares of GNMA Fund-Class AARP Account No. 00705322458 12,959.07 2/10/OS Wachovia Bank, N.A., Certificate of Deposit No. 247022041118070 1,130.12 3l 2/05 M&T Bank, Checking Account No. 71399283 1,210.88 3/ 3/05 Shipley Energy Co., monthly budget fuel oil credit 137.77 3/23/05 Ralph M. Rettberg, fuel oil credit reimbursement 162.47 7/ 1 /OS Commonwealth of Pennsylvania, properly tax rebate 500.00 3/ 3/08 Proceeds of sale of house and lot of ground known and numbered as 620 Letort Spring Road, Carlisle, Pennsylvania, and more particularly bounded and described in Cumberland County Deed Book "Q", Volume 21, Page 1111 103,049.85 3/ 3/08 1st Advantage Settlement Services, Inc., refund of overpayment of water and sewer 29.25 3/12/08 PPL, refund of electric use 81.18 3/20/08 State Farm, homeowner's insurance refund 140.06 6/ 3/08 Pennsylvania Department of Revenue, refund of inheritance tax 218.39 TOTAL PRINCIPAL RECEIPTS $123,918.37 -3- GAINS AND LOSSES ON SALES OR OTHER DISPOSITIONS Gain Loss 2J15/OS 858.032 shares of GNMA Fund-Class AARP Account No. 00705322458 Net Proceeds $13,050.67 Fiduciary Acquisition Value 12.959.07 $91.60 $91.60 TOTAL GAIN ON SALES $91.60 PRINCIPAL DISBURSEMENTS DEBTS OF DECEDENT 4/ 7/05 Darlene L. Moyer, per capita tax $9.90 TOTAL DEBTS OF DECEDENT $9.90 FUNERAL EXPENSES 2/ 2/05 Rose N. Warren, reimbursement for Funeral luncheon $95~ 5.08 Travel and food expense 58.81 $1,013.89 2/ 2/05 Holcombe Funeral Home, Inc., funeral expenses 1,712.90 TOTAL FUNERAL EXPENSES $2,726.79 ADMINISTRATION EXPENSES 2/ 2/05 Wayne F. Shade, Esquire, reimbursement for Probate fees $302.00 Cumberland Law Journal, advertise Letters Testamentary 75.00 $377.00 2/ 2/05 Rose N. Warren, reimbursement for personal property appraisal 25.00 -4- 2/ 2/05 Borough of Carlisle, water and sewer 16.18 2/21/OS The Sentinel, advertise Letters Testamentary 137.03 3/18/05 Register of Wills, estimated Inheritance Tax 4,300.00 8/ 4/06 Borough of Carlisle Tax Account, school real estate taxes 1,213.36 8/ 7/06 Borough of Carlisle Tax Account, County and Borough real estate taxes 561.56 10/ 5/07 Borough of Carlisle, water and sewer 18.86 10/11/07 Diversified Appraisal Services, real estate appraisal 300.00 l0/25!07 PPL, electric service 9.63 10/26/07 State Farm, homeowner's insurance 267.00 10/29/07 Borough of Carlisle, water and sewer 30.36 11 /20107 PPL, electric service 8.21 12/ 3(07 Borough of Carlisle, water and sewer 18.86 12/31 /07 All Mechanical Contractors, Inc., winterize house 96.08 12/31/07 PPL, electric service 115.72 1 / 8/08 Borough of Carlisle, water and sewer 18.86 2/ 4/08 Borough of Carlisle, water and sewer 20.75 2/ 6/08 Rose N. Warren, reimbursement for notary expense 5.00 3/20108 Register of Wills, file Pennsylvania inheritance tax 15.00 6/11/08 Register of Wills, reserve for filing Account, etc. 450.00 TOTAL ADMINISTRATION EXPENSES $8,404.46 FAMILY EXEMPTION Waived -5- FEDERAL, STATE, AND LOCAL TAXES 3/20/08 Register of Wills, Pennsylvania inheritance tax $983.76 TOTAL FEDERAL, STATE AND LOCAL TAx:ES $983.76 FEES AND COMMISSIONS 6/ 11 J08 Wayne F. Shade, Esquire, attorney fee $9.000.00 TOTAL FEES AND COMMISSIONS $9,000.00 TOTAL PRINCIPAL DISBURSEMENTS $20,724.91 CHARGES AGAINST THE SHARE OF RALPH M. RETTBERG 11/28105 MBNA America, Account No. 4313040500016407 $2,095.00 11 6106 FedEx, express mail 16.83 3/ 3/06 State Farm, homeowner's insurance 254.00 3/ 6/06 Register of Wills, probate 38.00 4/11/06 Borough of Carlisle, water and sewer 12.16 4!17/06 Borough of Carlisle, water and sewer 16.18 5/ 8/06 Borough of Carlisle, water and sewer 16.31 6/ 6/06 Borough of Carlisle, water and sewer 16.18 7/10/06 Borough of Carlisle, water and sewer 19.47 8/ 9/06 Borough of Carlisle, water and sewer 19.47 9/15/06 Borough of Carlisle, water and sewer 16.18 11/ 7/06 Borough of Carlisle, water and sewer 35.65 12/ 5/06 Borough of Carlisle, water and sewer 16.18 12/28/06 PPL, electric service 380.23 1/ 9/07 York Waste Disposal, dumpster and trash removal 555.00 -6- f 1/16/07 Borough of Carlisle, water and sewer 18.86 1 /26/07 PPL, electric service 98.21 2/ 6107 Borough of Carlisle, water and sewer 18.86 3/ 8/07 Borough of Carlisle, water and sewer 18.86 4/ 2/07 Borough of Carlisle, water and sewer 18.86 5/ 7/07 Borough of Carlisle, water and sewer 18.86 6/ 4/07 Borough of Carlisle, water and sewer 18.86 7/ 2/07 Borough of Carlisle, water and sewer 22.77 8/ 7/07 Borough of Carlisle, water and sewer 60.72 8/15/07 Hilton's Lock Service, lock service 71.28 8/28/07 York Waste Disposal, Inc., dumpster rental 247.19 9/ 5/07 Borough of Carlisle, water and sewer 22.77 9/10/07 PPL, electric service 663.39 9l13I07 Kruger's Rental Service, flashing barricade 184.86 9!18/07 Terry Lindsey, trash removal 685.00 9/21/07 PPL, electric service 11.98 9/30/07 Rent from March of 2006 through September of 2007 9,500.00 3/20/08 State Farm, homeowner's insurance refund 140.06 6(11/08 Wayne F. Shade, Esquire, reimbursement for filing and service of petition for removal of executor 52.79 TOTAL CHARGES AGAINST RALPH M. RETTBERG $15,381.02 -7- INCOME RECEIPTS 2/10/05 9130/07 5/ 9/08 Wachovia Bank, N.A., Certificate of Deposit No. 247022041 1 1 8070, interest Rent from March of 2006 through September of 2007 Orrstown Bank, interest TOTAL INCOME RECEIPTS $1.52 9,500.00 306.86 $9,808.38 INCOME DISBURSEMENTS None -8- VERIFICATION ROSE N. WARREN, Administratrix c.t.a. of the Will of Claire Ann Rettberg, Deceased, hereby declares under oath that -he has fully and faithfully discharged the duties of her office; that the foregoing First and Final 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 hei• knowledge, there are no claims outstanding against the Estate; that all taxes presently due from the Estate have been paid; and that the grant of Letters of Administration c.t.a. and. the first complete advertisement thereof occurred more than four months before the filing of the foregoing First and Final Account. This statement is made subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: June 13, 2008 Rose N. Warren -9- IN RE: ESTATE OF CLAIRE ANN RETTBERG, Deceased, Late of the Borough of Carlisle, Cumberland County, Pennsylvania IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-OS-59 STATEMENT OF PROPOSED DISTRIBUTION The Administratrix c.t.a. proposes to distribute the entire balance of the Estate for distribution under the provisions of Item Third of the Last Will and Testament of the decedent, as follows: 1. Rose N. Warren, household contents in kind $235.00 2. Rose N. Warren, cash 22,383.69 3. Richard S. Rettberg, cash 22,618.69 4. Patricia A. McGough, cash 22,618.69 5. Ivan W. Rettberg, cash 22,618.69 6. Ralph M. Rettberg, cash 7.237.66 TOTAL $97,712.42 1, ROSE N. WARREN, Administratrix c.t.a. of the Estate of Claire Ann Rettberg, WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Deceased, hereby declare under penalty of perjury that the foregoing Statement of c-, =, - ~s Proposed Distribution is true and correct to the best of my knowledge,; xrformation and __ ~,~ belief. `.--ti _ Date: June 13, 2008 L~~/,~-~ Rose N. Warren y- o U'; ~ . IN RE: ESTATE OF CLAIRE ANN- RETTBERG, Deceased, Late of the Borough of Carlisle, Cumberland County, Pennsylvania IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO.21-OS-59 STATEMENT OF PROPOSED DISTRIBUTION The Administratrix c.t.a. proposes to distribute the entire balance of the Estate for distribution under the provisions of Item Third of the Last ~vVill and Testament of the decedent, as follows: 1. Rose N. Warren, household contents in kind $235.00 2. Rose N. Warren, cash 22,383.69 3. Richard S. Rettberg, cash 22,618.69 4. Patricia A. McGough, cash 22,618.69 5. Ivan W. Rettberg, cash 22,618.69 6. Ralph M. Rettberg, cash 7.237.66 TOTAL $97,712.42 I, ROSE N. WARREN, Administratrix c.t.a. of the Estate of Claire Ann Rettberg, WA1'NE F. SNARE Attorney at Law S3 Wcst Pomfret Street Carlisle, Pennsylvania 17013 Deceased. hereby declare under penalty of perjury that the foregoing Statement of l~.e Proposed Distribution is true and correct to the best of my knowledge4-~~rmati~#~ and _,_, ~~__ -~ _ _, -_ belief. - ~~ ` --r; Date: June 13, 2008 ~(~,~,1,~,,.-, ,~- l~. _ ~ ~~ ~}~; _ Rose N. Warren ~ ~ ='a .J _~Qy~ V f .~ LAST WILL AND TESTAMENT I, CLAIRE ANN RETTBERG, of the Borough of Carlisle, County of Cumberland, Commonwealth of Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this as and for my Last Will and T~astament, hereby ~~revoking and making void all former wills and codicils by me at anytime heretofore made. FIRST. I order and direct that all my just debts and funeral expenses be paid by my personal representative or representatives, hereinafter named, as soor- as conveniently may be done after my decease. I further authorize my personal representative to expend funds from my Estate in such amounts as my personal representative shall consider appropriate, for the disposition and memorial of my remains. SECOND. I authorize my personal representative or ;representatives hereinafter named to distribute, items of tangible personal property from my Estate in accordance with any of my wishes expressed in writing. Such tangible personal property shall be restricted to common personal possessions and shall not include cash, bank books, stock certificates, bonds or the like unless otherwise expressly stated in my said written wishes. In the event of any conflict between my said written wishes and this my Last Will and Testament, this shall control. In the event of any cash bequests in my said wishes expressed in writing, I hereby authorize my personal representative or WAYNE F. SHADE Attorney at Law 53 West Pomfra SUeet CarGsk, PemsyWania 17013 representatives hereinafter named to distribute the bequests to any minor legatees by making distribution directly to any parent or legal guardian of the minor legatee. In the event of my failure to leave a list, I order and direct that all of my said tangible personal property, other than as specifically bequeathed herein, be liquidated and distributed as part of my residuary Estate. In the event of the failure of an;y of the legatees, designated in any of my said written wishes, to survive me, I order and direct that his or her bequests be liquidated and distributed as part of my residuary Estate,. In the event of the failure of one of the legatees to survive rne, nothing herein shall be interpreted to prevent my personal representative or representatives hereinafter named from selling any of the items which would have passed to that legatee to my other legatees at fair market value. In the event of a dispute as to any aspects of the list, I order and direct that any such disputed tangible personal property be liquidated and distributed as part of my residuary Estate. TBIRD. I hereby order and direct that all the rest, residue hand remainder of my Estate, real, personal and mixed, whatsoever hand wheresoever situate, be divided into five equal shares and distributed absolutely and in fee simple, as follows: (a) One such share unto my son, :RICHARD S. RETTBERG, born January 1, 1941; (b) One such share unto my daugh1ter, ROSE WAYNE F. SHARE Atto-ney at Law 53 West Pomfret Street Grlisk, Pemuylvania 17013 RETTBERG WARREN, born August 19, 1942; -2- (c) One such share unto my daughter, PATRICIA RETTBERG McGOUGH, born April. 4, 1944; (d) One such share unto my son, IVAN RETTBERG, born August 19, 1946; and (e) One such share unto my son, RALPH M. RETTBERG, born August 28, 1948. FOIIRTH. For the purposes of this my Last Will and Testament, a person shall not be deemed to have survived me unless he or she shall have survived me by more than ninety (90) (days. FIFTH. Should any of my said children predecease me, I hereby direct that the share of such deceased child shall pass unto his or her issue in equal shares by rEapresentation and not per capita and that if there be no such is:~ue of a deceased child, such share shall lapse. SIRTH. In the event that any of the legatees under this my WAYNE F. SHADE Attorney at I.aw 53 West Pomfret Street Carlisle, Pennsylvania 17013 Last Will and Testament should be minors as defined herein at my date of death, I nominate, constitute and appoint FINANCIAL TRUST SERVICES COMPANY of Carlisle, Pennsylvania, its successors or assigns, to serve without bond as the Trustee with respect to any property which shall pass, either under this my Last Will and ~iTestament or otherwise to such minor or minors as defined herein. I, The said Trustee is hereby vested with the power to sell, assign, transfer, pledge, mortgage, lease, manage, control, retain, invest and reinvest the corpus of said Trusi~ in such securities and other property as shall be deemed prudent without being restricted to investments known as legal investments for -3- fiduciaries under the laws of the Commonwealth of Pennsylvania. The Trustee shall have the power to manipulate the proceeds of the Trust in any manner that will guarantee maximum conservation of the Trust funds and the greatest production of income for the beneficiary. I hereby authorize the said '.Trustee to expend any monies from principal or interest for the beneficiary that in the sole discretion of the Trustee is deemed necessary for the care, health, education, maintenance and general welfare of the beneficiary; the word "education" shall be construed to mean a pre-college course, high school education, college education and post-graduate education. It is my intentic>n that the foregoing powers may be exercised by the said Trustee: without prior Court approval and without further responsibility to the beneficiary, the parents of the beneficiary or to any other person or persons taking care of the beneficiary. The age of majority for all purposes concerning this my Last Will and Testament shall be deemed to be the age of twenty-five (25) years. If the beneficiary of this Trust should fail to survive to ultimate distribution of the Trust herein, I order and direct that the remainder of this Trust be distributed as part of my residuary Testate. SEVENTH. T order and direct that any estate, inheritance or WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 1'7013 similar tax due as a result of my death with respect to any property passing as a result of my death, sl-lall be paid from the residue of my Estate before its division intro shares and prior to distribution as an expense of administration. and that no part of the taxes should be prorated or apportioned among the persons or -4- beneficiaries receiving the taxable property. It is my express intention that all inheritance taxes imposed as a result of my death be paid from the residue of my Estate whether or not the property passes under my Last Will and Testament. My personal representative shall have full power and authority to pay, compromise or settle any such taxes at anyttime whether with respect to present or future interests. EIGHTH. I order and direct that any liens against any personal property which passes to a designated person either under this my Last Will and Testament or ot-herwise shall be paid from the residue of my Estate prior to distribution as an expense of administration and that such specific bE~quests of personal property not pass subject to any liens thereon. NINTH. Any and all decisions, determinations or actions WAYNE F. SHADE Attorney at Law 53 West Pomfrct Street Carlisle, Pennaylvatia 17013 made or taken by a personal representative or Trustee hereunder, if made in good faith, shall be final and conclusive on all persons who are or may become interested in my Estate. No fiduciary acting under this my Last Will and Testament shall be liable for any error in judgment or for any depreciation or reduction in value of any Estate or Trust assets at anytime, in the absence of willful default. LASTLY. I nominate, constitute and appoint my son, RALPH M. RETTBERG, to be the Executor of this my Last Will and Testament, but if, for any reason, he should fail to qualify as such Executor or decline or cease so to serve, I nominate, constitute and appoint my son, RICHARD S. RETTBERG, to be the Executor hereof, both to serve without bond. -5- IN WITNESS WHEREOF, I, CLAIRE ANN RETTBERG, have hereunto set my hand and seal to this my Last Will and Testament which consists of seven (7) typewritten pages to each of which I have affixed my signature, this 23rd day of _ October A.D. One Thousand Nine Hundred Ninety-Seven (1997). (SEAL) Claire Anrl Ret rg The preceding instrument, consisting of this and six (6) other typewritten pages, each identified by the signature of the Testatrix, was on the date thereof signed, sealed, published and declared by CLAIRE ANN RETTBERG, the Testatrix therein named, as her Last Will and Testament, in the presence of us, who, at her request, in her presence, and in the preserce of each other, have subscribed our names as witnesses hereto. .~~,P ,~ Acknowledgment WA~laa F. SHAD1 Attorney at Law 53 West Pomfret Strce Carlisle, Pcnosylvania 17013 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) I, CLAIRE ANN RETTBERG, the person whose name is signed to the foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament anti that I signed it willingly and as my free and voluntary act f_or the purposes therein expressed. -6- Sworn to or affirmed and acknowledged before me by CLAIRE ANN RETTBERG, this 23rd day of _ October 1997. Claire Ann Rettberg Notary P llic Affidavit Notarial Seal Connie J. Tritt, Notary Pubiic Carlisle, Cumberland County COMMONWEALTH OF PENNSYLVANIA ) ~ b~1y Commission Expires Oct. 5, 2000 SS: _ ....._.__ COUNTY OF CUMBERLAND ) We, Wayne F. Shade and KarE~n F. Byers , the witnesses whose names are signed hereto, beaing duly qualified according to law, do depose and say that wE~ were present and saw the Testatrix sign and execute the instrument as her Last Will and Testament; that the Testatrix signed willingly and executed it as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testatrix signed the Will as a witness; and that, to the best of our knowledge, the Testatrix was at. that time eighteen or more years of age, of sound mind and under no constraint or undue influence. Sworn to or affirmed and subscribed to before me by Wayne F. Shade and Karen F. Byers witnesses, this r day of Octo er 1997. WAYNE F. SHADE Attorney at Law .........--. _._....,.~...._ 53 West Pomfret Street Carlisle, Pennsylvania 17013 Notary Pu is ~Noi:arial Seal Connie J. Tritt, Notary Public Carlisle, Cumberland County ~~!! Commission Expires Oct. 5, 2000 -7- DECEDENT'S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF CLAIRE ANN RETTBERG No. 21-OS-59 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 instfficient, 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. Name of Counsel: Wayne F. Shade, Esquire °~ Supreme Court I.D. No.: 15712 Name of Law Firm: Address: 53 West Pomfret Street, Carlisle, PA 17013 Telephone: 717-243-0220 Fax: 717-249-0017 F~ormoc-n~ ,~e,~. ~0.~3.06 Page 1 of 10 Estate of CLAIRE ANN RETTBERG Deceased 1. Name(s) and address(es) of Petitioner(s): Name. Rose N. Warren address; 19 Mine Run Road Schwenksville, PA 19473 Identify any executors or administrators who have not joined in the Petition for Adjudication and Statement of Proposed Distribution and state reason: Is this the first accounting by this fiduciary? ..................... ~ Yes ®No if not, identify prior accountings, the accounting periods covered, and the date of adjudication of the prior accounting. 2. Decedent died on January 8, 2005 Letters Testamentary or ~ Letters of Administration were granted to Petitioner(s) on March 21.2006 Date of W ill (if applicable): October 23, ] 997 Date(s) of Codicil(s) (f applicable): Date of probate (f different from date Letters granted): Januarv 20. 2005 Was a bond required? Yes ~ No If yes, state amount: Are proofs of advertising of the grant of Letters attached? ......... ~ Yes ~ No Dates of advertising of the grant of Letters: Cumber{and Law Journal on February 1 1, 18, 25, 2005; The Sentinel on January 27, February 3, 10, 2005 Form oc-o~ re,~. ro.~3.o6 Page 2 of 10 Estate of CLAIRE ANN RETTBERG Deceased 3. Was decedent survived by a spouse? ............................. Yes ®No If yes, name of the surviving spouse: 4. Has the surviving spouse filed to take an elective share? ............. Yes ~ No (See Section 2201 et sue. of the Probate, Estates and Fiduciaries Code) If yes, date of election: 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): 6. Did decedent marry after execution of Will or Codicil(s)? ........... ~ Yes ~ No Were any children born to decedent after execution of Will or Codicil(s)? ........................................... Q Yes Q No If yes, give names and dates of birth: Name: Date of Birth: 7. [f 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? .............................. ~ Yes ~ No ho,~,noc-oi re~~. ro.i3.n6 Page 3 of l0 Estate of CLAIRE ANN RETTBERG Deceased 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. B. If Notice is yet to be given, a copy of the Notice as well as a list of the names and addresses ofthe 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. 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. List all parties (charitable and non-charitable) of whom Petitioners} 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 ifthere is a complete or partial intestacy: A. State each party's relationship to the decedent and the nature of each party's interest(s): _,~'ame and Address of Each Party in /merest I Relationship and Comments, ifan I /n Rose N. Warren Daughter One-fifth 19 Mine Run Road Schwenksville, PA 19473 Richard S. Rettberg Son One-fifth 7 Edgemere Road Middleton, MA 01949 Eorn oc-n/ rev. tn. /x.06 Page 4 of l0 Estate of CLAIRE ANN RETTBERG .Nome and Address of Each Party in Interest Patricia A. McGough 139 Lin Brook Drive Newport News, VA 23602 lean W. Rettberg 548 Miller Fork Road LaFollette, TN 37766 Deceased and Daughter One-fifth Son One-fifth 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. C. State why a Petition for Guardian/Trustee Ad Litem has or has not been filed for this Audit (see I'a. O.C. Rule 12.4. 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. Farmoc-nl re,~. In.l3.n6 Page 5 of 10 9. A. (continued): Name/Address Relationship Share of Estate Ralph M. Rettberg Son One-fifth 99 Regency Woods North Carlisle, PA 17015 Estate of CLAIRE ANN RETTBERG ,Deceased 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. Nama and Address of Each Gaimant .gn:ount of Claim Clarn: Adrreitred? dVill Claim Be Paid In Fill? None Yes ~ Yes ~No ®No Yes ~ Yes ~No ~ No Yes ~ Yes ~No ~No Yes ®Yes ®No ®No 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? ................................ ®Yes ®No Was family exemption allowed? ................................ Yes ~No Family exemption claimant's name and relationship: ti`ame. Relationship: Fo,~m oc-ol ,~e,~. ro.13.~6 Page 6 of 10 Estate of CLAIRE ANN RETTBERG Deceased 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 /merest March 18, 2005 4,300.00 March 20, 2008 983.76 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 ~ 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. 14. A. Describe in detail any questions requiring adjudication and state the position of the Petitioner(s) as to each question: B. Has notice ofthe question requiring adjudication been given to the parties identified in Paragraph 9 above? .................. ~ Yes ^ No 15. [f 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. Fort„ oc-nl ,~e,~. ro.13.~6 Page 7 of 10 Estate of CLARE ANN RETTBERG Deceased 16. Had the decedent been adjudicated an incapacitated person? .......... ~ Yes ~ No (f yes, attach a copy of the Order if available; otherwise state the Court, term, number, date, and name of Hearing Judge. 17. A. List or attach a separate list of additional receipts and disbursements since the closing date of the Account. B. Has notice of the additional receipts and disbursements been given to the parties identified in Paragraph 9 above? ............. Yes ~ No 18. If a reserve is requested, state amount and purpose. 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 ~No If so, attach a copy of the notice. l9. Is the Court being asked to direct the filing of a Schedule of Distribution? .......................... ®Yes ^No As to real estate only? ........................................ DYes ~No Form O(,-0/ rer. 10.13.06 Page c~ Of 1 19. A. Distribution of Income (continued): Ivan W. Rettberg One-fifth Ralph M. Rettberg One-fifth 19. B. Distribution of Principal (continued): Ivan W. Rettberg One-fifth Ralph M. Rettberg One-fifth Estate of CLAIRE ANN RETTBERG 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 Dismlbutee(s) Rose N. Warren Richard S. Rettberg Patricia A. McGough B. Principal: Propvsed Distrrbutee(s) Rose N. Warren Richard S. Rettberg Patricia A. McGough AmomrdProportion One-fifth One-fifth One-fifth AmoutttiProportion One-fifth One-fifth One-fifth Submitted By: Gill petitioners must sign. Add additional lines if necessary): Name of Petitioner: Rose N. Warren Name of Petitioner: Form oc-o~ re,-. ~o. i3.n6 Page 9 of 10 F,state of CLAIRE ANN RETTBERG ,Deceased Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * (that heishe is rare of the above-named name ofcorporation 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 l8 Pa. C.S. § 4904 (relating to unsworn falsification to authorities). Signature of Petitioner Rose N. Warren * 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. Signa re of Counsel for Petitioner ~~,ntoc-n~ reti~. to.~3.n6 Page 10 of ]0 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland I'an-txny S1lacmal;er, C:Iassified Sales h~lanager , 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 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed noticti 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 date anuar~' 271 I`ehruary 03~ 10, 20()5 COPY OF NOTICE OF PUBLICATION EXECUTOR'S NOTICE Letters Testamentary on the Estate of CLAIRE ANN RETTBERG, late of Carlisle, Cumberland County, Pennsylvania, Deceased, have been granted to Ralph - M. Rettberg. All persons knowing themselves to be indebted to said Estate shall make payment immediately, and those having claims will present them for settlement to: Ralph M. Rettberg 620 Letort Spring Road Carlisle, PA 17013 Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 Attorney Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. ~~ G Sworn to and subscribed before me this lbtlz day of f^ebruary, 20t?5 Notary P lic My commission expires: ` 7 ~ ~ ~ (~ << ~ .. r I J, ~ iltiilC`, s 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: FEBRUARY 11, 18, 25, 2005 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. r ~-! '- i~~ Li Marie Coyne Editor SWORN TO AND SUBSCRIBED before me this 25 day of FEBRUARY 2005 Rettberg, Claire Ann, decd. Late of Carlisle. Executor: Ralph M. Rettberg, 620 Letort Spring Road, Carlisle, PA 17013. Attorney: Wayne F. Shade, Esquire, 53 West Pomfret Street, Carlisle, PA 17013. NOTARIAL SEAL ~ LOTS E. SNYDER, Notary Public Carlisle Bono, Cumberland County My Commission Expires March 5, 2005 IN RE: ESTATE OF CLAIRE ANN RETTBERG, Deceased, Late of the Borough of Carlisle, Cumberland County, Pennsylvania IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION N0.21-OS-59 NOTICE OF FILING ACCOUNT AND STATEMENT OF PROP05ED DISTRIBUTION NOTICE is hereby given that the First and Final Account of Rose N. Warren, Administratrix c.t.a. of the Estate of Claire Ann Rettberg, Deceased, and a Statement of Proposed Distribution of the balance of the assets of said Estate will be filed in the Office of the Register of Wills of Cumberland County, Pennsylvania, on or before July 25, 2008, and that the same will be called for confirmation on August 26, 2008, at 9:30 A.M. in the designated courtroom on the fourth floor of the Cumberland County Courthouse, Carlisle, Pennsylvania, at which time and place you may appear, either in person or by counsel. Copies of said First and Final Account and Statement of Proposed Distribution are enclosed herewith, and the originals as filed may be inspected in the Office of the Register of Wills of Cumberland County, Pennsylvania, at anytime prior to their presentation for confirmation. Unless objections to said First and Final Account or Statement of Proposed Distribution, or both, are filed in writing not later than 9:00 A.M. (prevailing time) of the date fixed for confirmation thereof unless otherwise permitted by the Court prior to continuation, said First and Final Account will be confirmed; and distribution will be ordered according to the enclosed Statement of Proposed Distribution. If you have no objections to the enclosed, you do not need to appear in court at the WAYNE F. SHADE Attorney at Law 5; West Pomfret Street Carlisle, Pennsylvania I701~ time of confirmation. Date: June 13, 2008 Wayne .Shade Attorney for Accountant NOTICE TO: Rose N. Warren Richard S. Rettberg Patricia A. McGough Ivan W. Rettberg Ralph M. Rettberg