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Home My WebLink About08-26-08 (2) IN RE: ESTATE OF PATRICIA JEANNE DUKE, DECEASED • IN THE COURT OF COMMON PLEAS CUMBERLAND COU~ITY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 01034 Year 2007 ..~ FAMILY SETTLEMENT AGREEMENT THIS AGRE=EMENT, dated this ~h rday of August, 2008, WITNESSETH: I. THE CIRCUMSTANCES leading up to the execution of this Agreement are as follows: 1. Patricia Jeanne Duke (the "Decedent") died testate on October 20, 2007, a domicilian~ of Cumberland County, Pennsylvania. 2. The Decedent was not married and had no children. The Decedent is survived by her siblings, D. Kenneth Schenck ("M r. Schenck") and Ruth E. Myers ("Ms. Myers"). 3. Stephen L. Grose submitted the Decedent's Last Will and Testament dated May 3~0, 2006 (the Will) to the Register of Wills of Cumberland County, Pennsylvania (the "Register') for probate. On November 13, 2007, Stephen L_. Grose (the "Executor") dully qualified as Executor of the Decedent's probate estate. A true and correct copy of the Decedent's Will is attached hereto as Exhibit "A," and is incorporated herein by reference. 4. The Executor advertised his appointment in the Cumberland Law Journal and The Sentinel. The proofs of publications are attached hereto ~~s Exhibit "B," and are incorporated herein by reference. 5. The Executor notified the Commonwealth of Pennsylvania, Department of Welfare, Estate Recovery Program ("DPW") of the Decedent's death and the estimated value of the Decedent's probate estate. DPW informed the Executor that it would no seek recovery from the Decedent's Estate. A true and correct cope of DPW's response is attached hereto as Exhibit "C," and is incorporated herein by reference. -1- 4~ f .~ 6. Prior to her Death, the Decedent titled her residence in her and Mr. Schenck joint names with rights of survivorship. As the Decedent paid all taxes, utilities and upkeep on the property; paid no rent to Mr. Schenck; and, continued to be the sole occupant of the property, the Decedent retained a life estate in the residence. A retained IifE~ estate is fully taxable for U.S. Estate (and Generation-Skipping Transfer) Tax and Pennsylvania Inheritance Tax purposes. The Decedent's residence was appraised at $276,000, and taxed at the 12% inheritance tax rate. 7. The Decedent (via Paragraph First of her Will) directed the Executor to pay all legal debts and obligations, funeral and administrative ex~~enses, anti all estate, inheritance„ succession and other death taxes imposed or payable by reason of her death, including such taxes on property not passing under the Will (i.e., the residence). 8. The Decedent disposed of the rest of her probate e:~tate under Paragraph Second of her Will. However, Paragraph Second of the Will is ambiguous. It gives the residue of the Decedent's estate to Ms. Myers and Mr. Schenck to select whatever items they c;an mutually agree. To the extent neither Ms. Myers or Mr. Schenck desire to have any personal property, the Decedent directs that said prot~erty be liquidated and the proceeds therefrom, along with the Decedent's' other assets, Ise further divided and distributed as follows: (1) $50,00 to Ms. Myers; and, (2) $10,000 to Lee E. Raring ("Mr. Raring"). If the net probate estate is less than $60,000, the Decedent directed that her estate be distributed 5/6 to Ms. Myers and 1/6 to Mr. Raring. If thf~ Decedent's net estate is $60,000 or greater, the Decedent gave that amount in excess of $60,000 to Mr. SchencH;. The Decedent's net probate estate is less than $60„000. 9. According to Pennsylvania case law, when interpreting the meaning of any provisions of a Will, the Court must look at the four corners of clocument and read it as a whole, giving meaning to every provision thereunder. 10. If the Orphans' Court were asked to determine the meaning of Paragraph Second of the Will, the Executor believes the Court would find the Decedent meant to allow to Ms. Myers and Mr. Schenck to select any and all items of personal property as they so desire. Any unwanted items of personal property are to be sold and the proceeds thE~refrom, along with the balance of the Decedent's assE;ts, are to k~e distributed to Ms. Myers, Mr. Raring and, possibly, Mr. Schenck (collectively, and individually, the "Beneficiaries"). If the net probate estate is less than $60,000, 5/6 thereof would be distributed to Ms. Myers and 1/6 thereof would bey distributed to Mr. Raring. 11. The Executor and Beneficiaries wish to avoid the expense and delay of asking the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania (the"Court") to determine the meaning of Paragraph Second of -2- the Decedent's Will, and agree to the Executor's interpretation thereof as sE;t forth above in itE~m ten of this Agreement. 12. The Executor prepared and filed the Decedent's Pennsylvania Inheritance Tax Return and paid $41,384.97 of inheritances taxes, receiving a $2,166.70 prepayment tax discount. The Executor did not file a U.S. Estate (and Generation- Skipping Transfer) Tax Return as the value of Decedent's taxablE; estate was less than the filing requirements. 13. The Executor prepared and filed the Decedent's 2007 Federal and Pennsylvania Individual Income Tax Returns. The Decedent's E~>tate received a $2,022 refund for the overpayment of U.S. Individual Income Tax and paid $78 of taxes to the Pennsylvania Department of Revenue. 14. The Executor has prepared the Federal and Pennsylvania Fiduciary Income Tax: Returns for the Estate, and will file the same upon di;>tribution oi~ the probate estate. 15. A First and Final Account of the Executor's administration of the Decedent's probate estate (the "Account") is attached hereto as Exhibit "D," <~nd is incorporated herein by reference. 16. The Beneficiaries would like the Executor to pay the remaining estate administration expenses (including, but not limited to legal fees) a:s set forth as reserves in the Account, and to terminate the estate administration by distributing the balance of the Decedent's probate estate to them as set forth in the SchedulE; of Proposed Distributions, which is attached hereto as Exhibit "E," and is incorporated herein by reference. The Beneficiaries also wish to forever settle and compromise any and all claims and rights which they may possess, now or hereafter, in thE: Decedent's Estate, without the cost and delay of a court adjudication and confirmation of the Account. II. RECEIPT, RELEASE, REFUNDING AND INDEMNIFICATI1~N AGREEMENT: NOW THEREFORE, in consideration of the foregoing, and intending to be legally bound hereby, the Beneficiaries, for themselves, their heirs, personal representatives, successors, and assigns, hereby do as follows, to wit: A. Represent, warrant and agree that they: (i) Have read and understand this Agreement anti confirm the facts set forth above are true, correct and complete to the best of their -3- LJ knowledge, information and belief, and incorporate thern herein by reference. (ii) Acknowledge that they have sought advice of an attorney, prior to executing this Agreement or has voluntarily chosen not to consult with an attorney; and, (iii) Have entered into this Agreement of their own free will and choice without any compulsion, duress or undue influence from anyone. B. Declare that they have had the opportunity to examine the Account (Exhibit "D," hereto), and based upon such examination (or their decision not to make such an examination), they are satisfied they have sufficient information to make an informed waiver of their right to a formal court accounting and do hereby waive the filing and audit of the same. C. Acknowledge receipt of personal property and thosE~ amounts set forth in the Schedule of Proposed Distributions (Exhibit "E" of this Agreement) in full satisfaction of the bequests under Paragraph Second of the Decedent's Will. D. Agree to refund on demand, all or any part of the above described distributions, which the Executor or any court of competent jurisdiction determines to have been improperly made. E. To the extent of the above described distributions set forth in the Schedule of Proposed Distributions (Exhibit "E" hereto), absolutely, unconditionally and irrevocably release, remises and forever discharge Stephen L. Grose, individually, and in his fiduciary c~~pacity as E=xecutor of the Estate of Patricia Jeanne Duke, from any and all manner of actions, causes of action, suits, liens, accounts, reckonings, controversies, agreements, promises, claims, demands, losses and expenses whatsoever, in any way arising from or concerning the distributions under Paragraph Second of the Decedent's Will. F. To the extent of the above described distributions set: forth in the Schedule of Proposed Distributions (Exhibit "E" hereto), agree to indemnify and hold harmless Stephen L. Grose, individually, and in the fiduciary capacity set forth above, with respect to any and all matters or liabilities which he may be subjected by reason of joining in this Agreement, and in carrying out the provision hereof. -4- `J G. Agree this Agreement is intended to compromise and settle disputed claims, including, without limitations, claims and defenses asserted in connection with the creation, administration and distribution of the Decedent's probate estate. H. Agree that this Agreement constitutes the entire unc~erstandinq between the Executor and the Beneficiaries (individually and collectively, the "Parties") concerning the subject matter hereof, and supersedes any and all prior written agreements and any and all prior or contemporaneous oral agreements or understanding relating to the subject, matter hereof. Agree that this Agreement may not be amended, m~~dified, superseded, canceled, renewed or extended, nor may any term or condition hereof be waived, except by a written instrument or document signed by all the parties hereto or, in the case of a waiver, signed by the party sought to be charged therewith. No waiver by any party of the brE~ach of any provision hereof shall be deemed to constitute a waiver of any continuing or subsequent breach of such provision or any other provision hereof. Except as otherwise provided herein, the rights and remedies expressly granted hereunder shall be cumulative with respect 1~0, and shall not be deemed to exclude, any other rights and remedies to which any party shall be entitled at law or in equity. J. Agree that this Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, successors, assigns, personal representatives, and those who may hereafter claim through any of the Parties. K. Agree that this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvani,~, without regard to choice-of-law provisions. The Court shall have exclusive jurisdiction over any action to enforce or interpret the terms of this Agreement. The Executor and Beneficiaries hereby ~~onsent to the Court exercising personal jurisdiction over each of them in ;any action or suit arising out of the enforcement of this Agreement. L. Agree that any references to person or things shall bE~ deemed to refer to such persons or things in the singular or plural and in the masculine, feminine or neuter gender as the context shall requirE:. M. Agree that this Agreement shall be deemed to be severable, so that if any provision hereof shall be determined by a court of cornpetent jurisdiction -5- • to be invalid or unenforceable, the remaining provisions hereof shall continue to remain valid and enforceable in accord~~nce with their terms. N. Agree that this Agreement may be executed in multiple counterparts, each of which may contain the signatures of one or more of the Parties, all of which, taken together, shall constitute one and the Name document. -6- C~ IN RE: : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF PATRICIA JEANNE DUKE, :ORPHANS' COURT DIVISION DECEASED NO. 01034 Year 2007 CONSENT TO FAMILY SETTLEMENT AGREEIMENT STEPHEN L. GROSE, as Executor of the Estate of Patrici~~ Jeanne Duke, consents to the Family Settlement Agreement (the "Agreement'), and acknowledges that a copy of the Agreement, including all Exhibits thereto, has been provided to him. dQ. STE EN L. GROSE, as Executor of the Estate of Patricia Jeanne Duke, Deceased COMMONV~JEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND r On this, the ~_ day of August, 2008, before me, the undersigned officer, personally appeared STEPHEN L. GROSE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same, in the capacities indicated, as his free and voluntary a,ct for the purposes expressed therein. IN WITNESS WHEREOF, I have set my hand and official seal. ~~ d ~ ~ ~ . Notary Pubic `~ COMMONWEALTH OF ~1/LVANIA -7- NOTAR LAI~$EA(, KELLI~ R. HOWELL, Nobrr~pub~icy Lemolnre Boro., Cumberland ~0 Cormnkssion Expires 2, 10 • IN RE: : IN THE COURT OF C~~MMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF PATRICIA JEANNE DUKE, :ORPHANS' COURT DIVISION DECEASED NO. 01034 Year 2007 CONSENT TO FAMILY SETTLEMENT AGREEMENT RUTH E. MYERS, hereby consents to the Family SettlemE~nt Agreement (the "Agreement'), and acknowledges that a copy of the Agreement, including all Exhibits thereto, has been provided to her. RUTH E. MYER COMMONWEALTH OF PENNSYLVANIA COUNTY OF C ~;~~~~ On triis, the a O day of August, 2008, before me, the undersigned officer, personally appeared RUTH E. MYERS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same, as her free and voiuntaiy act for the purposes, expressed therein. IN WITNESS WHEREOF, I have set my hand and official seal. ~~~ ~ ___ Not Public D18TRICT JUDGE cur-~ ca rte, Nlr CemNsaior~ frog Janu 1, ?012 -8- IN RE: : IN THE COURT OF COMMON PLEAS :CUMBERLAND COU~ITY, PENNSYLVANIA ESTATE OF PATRICIA JEANNE DUKE, :ORPHANS' COURT DIVISION DECEASED . NO. 01034 Year 2007 CONSENT TO FAMILY SETTLEMENT AGREEMENT LEE E. RARING, hereby consents to the Family Settlement Agreement (the "Agreement'), and acknowledges that a copy of the Agreement, including all Exhibits thereto, has been provided to him. COMMONWEALTH OF PENNSYLVANIA ,. y COUNTY OF ~ - ., 1 ,~ ~ ,~ On this, the ~~ day of August, 2008, before me, the undersigned officer, personally appeared LEE E. RARING, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same, as his free and voluntary act for the purposes expressed therein. IN WITNESS WHEREOF, I have set my hand and official seal. _. ," ~~ ~ / ~ ~ o - -~-, ~,- . ~~ ~~ .,~ . -t__.~,c ,, Notary NOL1RMt ~~ ~,n- ~~ ~roE cmr, ~CMY1-ud1t Cpy~, on"~MN°" ,bn ~,~Olt -9- IN RE: : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNITY, PENNSYLVANIA ESTATE OF PATRICIA JEANNE DUKE, :ORPHANS' COURT DIIVISION DECEASED NO. 01034 Year 2007 CONSENT TO FAMILY SETTLEMENT AGREEMENT D. KENNETH SCHENCK, hereby consents to the Family Settlement Agreement (the "Agreement'), and acknowledges that a copy of the Agreement, includirng all Exhibits thereto, has been provided to him. COMMONVI/EALTH OF PENNSYLVANIA COUNTY OF C ~' n'1 ~ tT ~. ~ )~ ~, ~~ tut-E'~`!~'! .~0 ~Z'~G'1~: C~~ D. KENNETH SCF~ENCK On this, the ~ day of August, 2008, before me, the undersigned officer, personally appeared D. KENNETH SCHENCK, known to me (or s~~tisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknouvledged that he executed the same, as his free and voluntary act for the purposes expressed therein. IN WITNESS WHEREOF, I have set my hand and official sE~al. ~ ~~~ ~~ ~ Notary Public ~~ COMP~tQN1~JEALTH C?F PENNSYLVANIA Notarial Seal Pa~icaa Shaf~Hr, Natary Ptablic 'Lower Allen ~ ^~1~„ Currberland county ~IMy ..,c+rnms.^:on ,= 5c~i-s,~ C. c:c. 6, 2011 R~;smber :>-:r~nsvlv3~ia a~;, ~c~;=ti;,~, w _~ i ?dc?aries -10- • REGISTER OF WILLS CUMBERLAND COUNTY PENNSYLVANIA ~:, r, ~~' .. &„ '. q f Cr:RTiFiCATE OF GRANT OF LETTERS No . 2007- 01034 PA No . 21- 07- 1034 Estate Of : PATRICIA JEANNE DUKE /First, Middle, Lasil Late Of : SlL VER SPR/NG TOWNSH/P CUMBERLAND COUNTY Deceased Soci a1 Security No : 198-22-E'813 WrI~,RL;AS, on the 13th day of November 2007 an instrument= dated May 30th 2006 was admitted to probate as the Iasi ~,ri1l of PATRICIA JEANNE DUKE (First, Middle, Last) late of SILVER SPR/NG TOWNSH/P, CUMBERLAND County, who died on the 20th day of October 2007 and, WHEREAS, a true copy of the will as probated is annexecz hereto. THEREFORE, I, GLENDA EARNER STRASBAUGH Register of Wi l1 s in and fcr CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAN.IENTARY to: STEPHEN L GROSS who has duly qualified as EXECUTOR(R/Xl and has agreed to administer the estate according to Iaw, all of which fully appears of record in my office a t CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYL VANIA. IN TEST_IT~iDiJY WHEREOF, I have hereunto set my hand and affixed the seal of my office= on the 93th day of November 2007. * *NOTE* * ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST) M Las r ~~'ILL a1~TI~ ~~ES ~a1~'~I~N~r t)L ~'AT_~~CIA JEaNI'~~ DiJKE I, ~PAT'RICI_A JEANNE DUhE, o£Silver Spring Township, CwT~berlanc3 County;: Pennsylvania, do hereby mike this my Last Will and Testament, revoking any former Wij~s and Codicils made by i11e, __ FI]fZST: I direct the prompt payment of all my legal deb~~`s and obligations, including expenses o£my last illness, my funeral; and administering my estate. I also direct the prompt payn~~ent o£all estate, inheritance, succession and other- death taxes in~iposed or payable by reason o£nry death, ~tnd interest and penalties thereon, with respect: to all property comprising my gloss estate for death tax purposes, whether or not such property passes under this Will, to be paid out of the residue of my estate, as if si.ich taxes were expenses o£ adir~inistration, without apportionment or right of reimbursement. I authorize my :Executor to pay all such taxes at such time or times as deemed advisable. S~C~ND: After the payment of my legal delfts and expenses as mentioned above, I give, devise and bequeath all the rest, residue and remainder o£Iny property o£eve;-y kind and description wherever s~hlale and whether acquired before or after the e.~ecution of this Will, absolutely and in fee simple to my sister, RUTH E. M~'EP..S, and my brother, D. KENNETH SCHENCK, to select whatever items they can mutually agree. To the extent that neither of those individuals desire to have any personal propert}~, I direct that said property be liquidated as soon as practical after m}~ death, either to hri~~ate or public sale, with the proceeds there£i-om I give, devise and bequeath, along with m}~ other assets, to each o£the £oilo~~~ii~ig individuals: (a) $50,000 to my sister, RUTH E. MYERS, of 1 1197 North Eagle Valley Road, Beech Creek., Pennsylvania, (b) $] 0,000 to LI?E E. R~1R1NG x£229 Pine street, Auburn, Pennsylvania. The specific bequests contained in subparagraphs (a) and (bj above are to be paid if there is $60,000 available. If not, Iive-si~,ths (5/6) o£the balance will be paid to my sister, R_U'TI-I E. MYERS, and one-sixth (1/6) will be paid to LI3E 1/. Rf1RING. To the extent there ~s more than 960,000 available, ii Steal) go to my brother, D. 1~E~NNI~TI-I SClII/NCK, o£ 1 f~ 12 `,Willow Road, Camp 1-Till, F'ennsy(vania, if he survives me; otherwise, to his issue, per s,tilpes. 'I'I-~IKll: If all the beneficiaries described in Article SEC0I~JD above are deceased and no other disposition fo the residue of my estate is directed by this Will, t1:~en, and in that event only, I give, dev~sc and bequeath the rest, residue and remainder of my estate, real and personal, to HOSPICI: OT1 CE]`1TRAL 1'IJNI~SYLVA.NlA. r FOURTH: No person shall benefit hereunder Lidless such beneficiary shall survive me by thil-ty (30) days. FIJRTH: I direct that my bod}~ be cremated and my remains scattered on the premises o~f Stillmeadows Farm, if approved by owners. SI~~TH: (a) I name my friend and counselor, ~T'EP)tIEl1~ L. CxROSE, Esquire, as nay Executor. I direct that my Executor, herein referred to as n1y E~:ecutor rega~~~dless of number or gender, serve. without bond in any jurisdiction in which called upon to a~et. (b) Except as otherwise provided herein, if ST~P~-IFN L. (i~ZOSE should fail to qualify or other«~ise be unable t:o serve as my Executor hereunder, or for any reason s}~ould cease to act in such capacit}~, the successor or substitute Executor shall be an attorney in P:he law frm of Keefer ~~Jood Allen K Rahal, LLP, or its successor, which successor or substitute Executor shall be designated in a written instrument filed with the court having jurisdiction over tl~ie probate of ruy estate and signed by my Executor, or, if he fails to act, signed by the court having jurisdiction over the probate of my estate. (c) My Executor shall receive reasonable con~pezisation for services rendered. ~FV~IVTkI: (a) I give to airy Executor named in this Will or any Codicil hereto, or to airy successor or substitute Executor, all of the powers enumerated in this Will and all of the powers applicable by law to fiduciaries in the Con~n~ionwealth of Pennsylvania, and in particular through the l?ennsylvania Probate; Estates and Fiduciaries Code, as effe:~tive and as in effect on the date of my death, during the administration and until the completion of the distribution of my estate. I dire-cl that all sucl~~ powers shall be construed in the broadest possible manner and steal] be exercisable without court authorization. (b) My Executor is authorized and empowered to acquire and. to retail~~; either permanently or for such period of tinge as my Executor nay determine, any assets, including the capital stock of any closely held corporation, whether such assets are or are not of the character approved or authorized by law for investment by Fduciaries and whether such assets do oa- do not represent an over concentration in one invesli~~ent. (c) My Executor is authorized and eml~~owcred to disclaim any interest, in whole or-in part, of which I, or m_y Executor, may be the beneficiary, devisee, or lega-tee, by executing an appropriate instrument (in accordance with section 2518 of file lntci7~al Revenue Code of 198(, as amended, or such similar section as may then be in effect.). (d) M.y Executor is authorized and crnpowered to sell at public or private sale, or exchange, and to encumber or lease, for any period of time, any real or personal property and to give options to buy or lease any such property. Additionally, my Executor is authorized and empo~~~ered to compromise claims, to borrow from anyone (including a rduciary hereunder) a~zd 2 to pledge property as security therefor, to make loans to and to buy property fi~oiYi anyone (includinz; a fiduciary or beneficiary hereunder); provided that any such loans shall be adequately secured and at a fair interest rate. (e My Executor is authorized and empowered io allocate pro~~erty, charges on property, receipts and income among and between principal or income, or partl~,~ to each, without regard to any law defining principal and income. IN WITNESS WHIJ:REOF, I have set my hand and seal on this my Last Will and Testament this ~o day of X006 v SIGNED, SEALED, PUBLISHEll, and DECLARED by PATRICIA JEANNIE I)UI~IE, as and for his/her Last Will and Testament, on the day and year last above written, in the presence of us, who, at her request, in her presence, and in the presence of each other, all being present at the same time, have hereunto subscribed our names as ~~~itnesses: y %ti'ix ~ ~ SEAL 1'~~'It3~C'IA J AP~JNE DUKE ) ,u~ ~- ~n~ 3 ~ ~ SELF-PROVIhIG AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNT" OF C Un'1 ~>e,r ~a n ~ SS. i `~ ~ ,and acid (~ LL ~ S ~ ~i ~a`f~ ~~l C~ ~~ OZO~.,f ,the Testatrix and the witnesses, respectiee]y, whose names are signed to the attached or foregoing instrument, being first duly sworn, do (~ereby declare to the t,tndersigued aui.hority that the Testatrix signed and executed the instrument as her Last Will and that she had signed wi]lir.~~gly, and that she executed it as her free and voluntary act for the proposes therein expressed, and chat each of tl~ie witnesses, in the presence and healing of the Testatrix, signed the Will as witness and to the best of his or her Iulowledge the Testatrix was at that tiuze eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence. PA7'RICIA ANNE UKE, 7~,estatrix ~i to ~ s ~ -- '~ Hess ------ w;t~ ~ss - _--_----- Subscribed, s~~~orn t.o, and acknowledged before me by PATRICIA JEANNL DUKF,, the Testatrix, and subscribed and sworn to before me by - ------.~ and __ -~~ _ -- -------~ witnesses, t(~is ~3Q '~~ -7 ~' ={- Notary 'u~lic ~` ----_- :.;uNlf+9 t2tJ'd'1EAl_1"M GF ISENN~YLVANIA ~~rr,,nlr`',~ SEl~L KEL_~ F< ;~i .ivUEt-~, Notary Public ra.,;~c,~~, l w~ Gurnberland G~unty 4 L iyy t;u~nnus~un ~xpue~ Septernt~r 2 2UQ6 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 tha± the Cuml_>erland 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, bef;n 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 Cumberrland Law Journal on tl'~e following dates, V1Z: November 23 November 30 and December 7 2007 Affiamt 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. ~. / ~ ~ l~ ~ ~sa Marie Coyne,~,dltor SWORN TO AND SUBSCR][BED before me this 7 day of December. 2007 _~ ~ ~ ~ ~~ ~ %~-~~f~.l ~ ~~~- Notary ~ - ----- - Duke, Patricia .1leanne, deed. / Late of Silver Spring Township. Executor: Stephen L. Grose c/o Stephanie Kleinfelter, Esquire, x° Keefer Wood Allen & Rahal, LLP, NOTARIAL SF~gi ~'~"~° 635 N. 12th Street, Suite 400, DEBORAH A ~~OLLINS Lemoyne, PA 17043. Nofory public Attorneys: Stephanie Kleinfelter, CARLISLE BORO, CUMEIERLANp COUNTY Esquire, Keefer Wood Allen & My Commission Expir~as Apr 2g, 2010 Rahai, LLP, 635 N. 12th Street, Suite 400, Lemoyne, PA 17043. • PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy srtoemaker, Classified Advertisin Manager of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTI:!~TEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13~, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions antd issues of THE SENTINEL on the following day(s) November 17, 24, December 01 2007 COPY OF :~TOTTCE OF PUBLICA`ITON ~~ I ESTATE NOTICE Estate of PATRICIA JEANNE DUKE. Deceased. The Decedent died testate on October 20, 2007, late of Silver Spring l'ownship, Cumberland County, Pennsylvania. Letters Testamentary have been granted to the undersigned. All persons indebted to the Decedent are requested to maf.e immediate payment, and those having claims should present them for settlement, without delay to: Stephen L. Grose, Executor c/o Stephanie Kleinfelter, Esquire Keefer Wood Allen & Rahal LLP 635 North 12th Street, £~uite 400 'i Lemoyne, PA 17043 Affiant further deposes trtat he/she is not interested in the subject matter of the aforesaid notice or advertisement, anti that all allegations in the foregoing statement as to time, place and char;~cter of publication are true.l „~ , ~ ~ Sworn to and subscribed before me this 04th. day of December 2007 . + 2,~~. _~ Notary Publ'c~' My corrunission expires: 9,~~/a~ COMMtONWEALTH OF I'ENNSYLVANIP, ~ ~ Notarial Sezl i Chnstina L. Wolfe, Notary Public I Carlisle Boro, Cumberland County II r My Commission Expires Sept 1, 2008 __ I ~Aember. Pnnnsvlva~;i-: "~ssnciation Of Notaries ~ ~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE BUREAU OF FINANCIAL OPERATIONS DIVISION OF THIRD PARTY LIABILITY ESTATE RECOVERY PROGRAM PO BOX 8486 HARRISBURG, PA 17105-8486 November 20, 2007 KEEFER WOOD ALLEN RAHAL STEPHANIE KLEINFELTER ATTORNEYS AT LAW 635 NORTH ~_2TH STREET SUITE 400 LEYMOYNE PA 17043 Re: PATRICIA J DUKE SSN: 198-22-8813 Dear Attorney Kleinfelter: Pursuant to your letter dated November 15, 2007, the Department of Public Welfare (DPW), Estate Recovery Program, has reviewec. the information you provided regarding the above-referenced individual. It has; been determined that this individual did not receive any type of assistance during the questioned period. Therefore, according to the information you provided, the Department's Estate Recovery Program will not seek any recovery from this estate. If your client applied for Medical Assistance and had an application and/or hearing pending at the time of death, please advise us and provide any additional information. that may affect a recovery by our Department. If you. have any questions, please feel free to contact me. Sincerely, .~ ,~ ~~~~ Carole A. Prcccpe Recovery Section Manager (717)772-6604 • • SUMMARY OF ACCOUNT Estate of Patricia J Duke For Period 10/20/2007 Through 08/15/2008 Principal Receipts Net Gain (or Loss) on Sales or Other Dispositions Other Receipts Less Disbursements Administration Expenses (Prin) Fees and Commissions (Prin) Funeral Expenses (Prin) Other Expenses (Prin) Balance before Distributions Distributions to Beneficiaries Principal Balance on Hand For Information: Changes in Investment Holdings Income Receipts Less Disbursements Balance before Distributions Distributions to Beneficiaries Income Balance on (Hand Combined Balance on Hand Fiduciary Acquisition Page Value 1-3 $ 100,283.60 4 0.00 ~~ $ 100,283.60 5 $ 1,293.23 5 7,663.00 5 1,990.00 5-6 45,915.24 56,861.47 $ 43,422.13 7 4'~ 4~~ 1 $ 0.00 8-9 10 $ 617.31 11 F17 ~1 Assets Listed in Inventory (Valued as of date of death) Cash on Hand Camp Hill Emergency Physicians Holy Spirit Hospital Refund Check Checking Accounts OrrstownBank Checking Account No. 111001074 $2.00 Accrued Interest Members 1st Federal Credit Union Checking Acca~unt No. 272631-11 $1.09 Accrued Interest RECEIPTS OF PRINCIPAL Estate of Patricia J Duke As of 08/15/2008 • Page 1 Fiduciary Acquisition Value $ 40.52 $ 1 E'~,407.11 $ 5,448.45 $ 23,855.56 Savings Accounts Members 1st Federal Credit Union Savings Accounnt No. 272631-00 $ 25.05 USAA Subscriber's Savings Account $ 163.76 188.81 Money Market Accounts Members 1st Federal Credit Union Money Management Account No. 272631-05 7,208.76 $7.42 AccruE:d Interest Certificates of Deposit M&T Bank Certificate Of Deposit 031003915938442 $ 19,661.09 $409.94 Accrued Interest USAA Federal Savings Bank Certificate Of Deposit Account Ending In 5081 $ 28,914.77 $37.83 Accrued Interest USAA Fedeal Savings Bank Certificate of Deposit Account Ending In 6046 $ 11,339.09 $30.79 Accrued Interest 59,914.95 • • RECEIPTS OF PRINCIPAL Estate of Patricia J Duke As of 08/15/2008 Assets Listed in Inventory (Valued as of date of death) Household Goods & Furnishings Household Furnishings and Goods - Net Sale Value Misc. Personal Property 1999 Oldsmobile Cutlass 4 Door Sedan Refunds Shipley Energy -Credit Balance USAA -Refund Of Overpayment Of Homeowners' Unused Premiums UnitedHealthc2~re Services, Inc. - Refund Of Unused Premiums AARP Health Care Options Refund Of Unused Premiums U.S. Treasury Refund Of Overpayment Of U.S. Individual Income Tax Year 2007 TOTAL INVENTOF2Y $ 1,114.38 $ 219.93 $ 54.80 $ 363.00 $ 2.022.00 Page 2 Fiduciary Acquisition Value $ 2,019.06 $ 2,550.00 $ 3,774.11 $ 99,551.77 RECEIPTS OF PRINCIPAL Page 3 Estate of Patricia J Duke As of 08/15/2008 Receipts Subsequent to Inventory (Valued when receivE;d) 05/12/2008 USP,A -Refund Of Unused Auto Insurance $ 124.05 06/06/2008 Miscellaneous Receipt $ 7,78 06/06/2008 U.S. Treasury -Economic Stimulus Check $ 600.00 TOTAL RECEIPTS SUBSEQUENT TO INVENTORY $ 731.83 SUMMARY Total Inventory Total Receipts Subsequent To Inventory TOTAL RECEIPTS OF PRINCIPAL $ 99,551.77 731.83 $ 100,283.60 GAINS AN~LOSSES ON SALES OR OTHER DISF'OSITIONS~ Page 4 Estate of Patricia J Duke For Period 10/20/2007 Through 08/15/2008 04/08/2008 Sale Proceedd Of Household Furnishings and Goods Neer Proceeds $ 2,019.06 Fiduciary Acquisition Value 2,019.06 Gain Loss Nei; Gain ;6 0.00 DISBURSEMENTS OF PRINCIPAL Estate of Patricia J Duke For Period 10/20/2007 Through 08/15/2008 Administration Expenses (Prin} 12/18/2007 USAA -Auto Insurance Premium $ 229.30 12/27/2007 USAA -Premium 2.g2 1 /11 /2008 Freeman Real Estate - Appraisal of 16 Stillmeadows Lane, Enola 300.00 1 /11 /2008 Keefer Wood Allen & Rahal, LLP - Miscellaneous Disbursements Probate Fees $360.00 Legal Advertisements $225.64 Photocopies $ 15.06 Telec;opier Charge $ 12.00 Deecl Search Services $10.00 Postage $ 7.07 Shork Certificates $32.00 Telephone Charges $ .40 662.17 05/07/2008 Register Of Wills -Filing Fees 30.00 05/08/2008 Keefer Wood Allen & Rahal, LLP Miscellaneous Disbursements (i.e. l~elecopier, Copies, and Postage) 10.94 08/15/2008 KeefE:r Wood Allen & Rahal, LLP Reserve For Miscellaneous Disbursements (i.e. g>20 filing fees, $38 copies, postage, etc.) 58.00 Fees and Commissions (Prin) 05/08/2008 Keefer Wood Allen & Rahal, LLP -Legal Fees $ 5,617.00 08/15/2008 Keefer Wood Allen & Rahal Reserve For Legal Fees 2.046.00 Page 5 $ 1,293.23 7,663.00 Funeral Expenses (Prin) 12/3/2007 Parthemore Funeral Home & Cremation Services, Inc. Other Expenses (Prin) 10/20/2007 Members 1st Checks Which Cleared Decedent's Checking Account After Death 1,990.00 DISBURSEMENTS OF PRINCIPAL Page 6 Estate of Patricia J Duke For Period 10/20/2007 Through 08/15/2008 - Debts of Decedent $ 415.18 12/3/2007 Golden Living Center -West Shore Debt -Nursing Home Invoice 2,962.27 12/3/2007 PharMerica Debt -Medical Expense 12.00 12/3/2007 Wesk Shore EMS-ALS Debt -Medical Expense 656.08 12/3/2007 Metro Med Services 94.45 12/5/2007 PP&l_ -Electric Service Debt 135.75 12/12/2007 Comcast Cable -Final Cable BIII Debt Of Decedent 36.45 12/12/2007 Verizon -Final Telephone Bill Debt Of Decedent 55.17 12/18/2007 Home Paramount -Pest Cotnrol Debt Of Decedent 84.80 1/11/2008 Pennsylvania Inheritance Tax 41,167.25 1/11/2008 PharP~lerica -Medical Expense 0.12 3/18/2008 Pennsylvania Department of Revenue PA Individual Income Tax For Year 2007 78.00 05/07/2008 Register Of Wills, Agent -Balance Of Pennsylvania Inheritance Tax ~1 ~ ~~ .~i 4.~i A 1 .ri 74 TOTAL DISBURSEME=NTS OF PRINCIPAL $ 56,861.47 • DISTR~UTIONS OF PRINCIPAL TO BENEFICIARIES Estate of Patricia J Duke For Period 10/20/2007 Through 08/15/2008 To: Ruth E. Myers Residual Distribution 08/15/2008 Thf: beneficiary received a 83.33% interest in the estate's residue, representing a portion of the following assets: Cash $ 34,573.15 Less: Undistributed income (514.40) Total for Ruth E. Myers To: Lee E. Raring Residual Distribution 08/15/2008 The beneficiary received a 16.67% interest in the estate's residue, representing a portion of the following assets: Cash 6,916.29 Less: Undistributed income (102.91) Total for Lee E. Raring To: D. Kenneth SchE:nck Personal Properi:y Distribution 03/31 /2008 Car TOTAL DISTRIBUTIONS OF PRINCIPAL TO BENEFICIARIES Page 7 $34,058.75 6,813.38 2,550.00 43,422.13 • • INFORMATION SCHEDULES Estate of Patricia J Duke For Period 10/20/2007 Through 08/15/2008 Changes in Investment Holdings M&T Bank Certificate Of Deposit 031003915938442 ;6 19,EiEi1.09 12/3/2007 I ntE;rest (409.94) 12/3/2007 Closed M&T Bank Certificate of Deposit (19,251.15) USAA Federal Savings Bank Certificate Of Deposit 5081 9~ 28,914.77 02/04/2008 Interest (37.83) 02/04/2008 Closed USAA Federal Savings Bank Certificate of Deposit 5081 t28.87g.g,11 USAA Fedeal Savings Bank Certificate of Deposit 604Ei ~~ 11,339.09 02/04/2008 Interest (30.79) 02/04/2008 Closed USAA Certificate Of Deposit Account 604(1 (11,308.30) Household Furnishings and Goods $ 2,019.OEi 04/08/2008 Sale Proceesd Of Household Furnishings and Goods (2,019.OEi) Shipley Energy -Credit Balance $ 1,114.3F3 01/04/2008 Received And Deposited Refund Check From Shipley Group (1.114 3F~1 USAA -Refund Of Overpayment Of Homeowners' Premiums $ 219.93 12/18/2007 USAA -Refund Of Overpyament Of Homeowners' Unused Prernium (219.93) Page 8 0.00 0.00 0.00 0.00 0.00 0.00 INFORMATION SCHEDULES Estate of Patricia J Duke For Period 10/20/2007 Through 08/15/2008 UnitedHealthcare Services, Inc. 1/8/2008 Deposited Refund Check From Unitedhealthcare Services. Inc. AARP Health Care Options 03/18/2008 Deposited Check From AARP for Unused Premium U.S. Treasury - 2007 Form 1040 Refund 04/15/2008 Deposited Check From The U.S. Treasury For Overpayment Of Individual Income Tax USAA -Refund Of Unused Auto Insurance 5/19/2008 Deposited Refund Of Unused Auto Insurance Miscellaneous Receipt 06/06/2008 Deposited Miscellaneous Receipt U.S. Treasury -Economic Stimulus Check 06/06/2008 Deposited U.S. Treasury -Economic Stimulus Check Page 9 :i 54.80 (54.80) $ 0.00 9~ 363.00 (363.00) 0.00 $ 2,022.00 (2,022.01)) 0.00 ~'~ 124.05 (124.05) 0.00 $ 7.7£3 (7.78) 0.00 $ 600.0() (600.00) 0.00 • RECEIPTS OF INCOME Estate of Patricia J Duke For Period 10/20/2007 Through 08/15/2008 Interest OrrstownBank Checking Account No. 111001074 11 /25/2007 Interest 12/3/2007 Closed Orrstown Bank Checking Account No. 11001074 Members 1st Money Management 12/10/2007 Interest M&T Bank Certificate Of Deposit 031003915938442 12/3/2007 Interest USAA Federal Savings Bank Certificate Of Deposit 5081 02/04/2008 Interest USAA Fedeal Savings Bank Certificate of Deposit 6046 02/04/2008 Interest Total Interest Other Income USAA Subscriber's Savings Account 02/12/2008 Income Allocation Total Other Income TOTAL RECEIPTS OF INCOME $ 1.43 0.73 2.16 19.96 75.47 275.60 122.53 121.59 Page 10 $ 495.72 171 ~Q $ 617.31 DISTRIBUTIONS OF INCOME TO BENEFICIARIES Page 11 Estate of Patricia J Duke For Period 10/20/2007 Through 08/15/2008 To: Ruth E. Myers Residual Distribution 08/15/2008 Distribution of income pursuant to final distribution of estate's residue $ 514.40 To: Lee E. Raring Residual Distribution 08/15/2008 Distribution of income pursuant to fined distribution of estate's residue 102.91 TOTAL DISTRIBUTIONS OF INCOME TO BENEFICIARIES $ 617.31 DISTRIBUTIONS OF PRINCIPAL TO BENEFICIARIES Estate of Patricia J Duke For Period 10/20/2007 Through 8/15/2008 To: Ruth E. Myers Residual Distribution 08/15/2008 The beneficiary received a 83.33% interest in the estate's residue, representing a portion of the following assets: Cash $ 34,573.15 Less: Undistributed income (514.40;1 Total for Ruth E. Myers To: Lee E. Raring Residual Distribution 08/15/2008 Thc; beneficiary received a 16.67% interest in the estate's residue, representing a portion of the following assets: Cash 6,916.29 Less: Undistributed income (102.91) Total for Lee E. Raring To: D. Kenneth SchE:nck Personal Properly Distribution 03/31/2008 Car TOTAL DISTRIBUTIONS OF PRINCIPAL TO BENEFICIARIES Page 1 $34,058.75 6,813.38 2,550.00 4;1,422.13 • DISTRIBUTIONS OF INCOME TO BENEFICI~~RIES Page 1 Estate of Patricia J Duke For Period 10/20/2007 Through 08/15/2008 To: Ruth E. Myers Residual Distribution 08/15/2008 Distribution of income pursuant to final distribution of estate's residue To: Lee E. Raring Residual Distribution 08/15/2008 Distribution of income pursuant to final distribution of estate's residue 514.40 102.91 TOTAL DISTRIBUTIONS OF INCOME TO BENEFICIARIES $ 617.31