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Home My WebLink About01-28-09 IN RE ESTATE OF GEORGE ROBERT FREISTAK, DECEASED • :COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 2008-00565 FAMILY SETTLEMENT AGREEMENT c s ,~ , , ,1, '' T, ~-- ? -r, ~~ ~, ' _. ~1 [ V THIS AGREEMENT made this 20`'' day of January 2009: ~` C° -~ __ - -v -- - , , ~, WITNESSETH: ;~~ ~ ~'"_:, rn I. THE CIRCUMSTANCES leading up to the execution of this Agreement are as follows: 1. George Robert Freistak (the "Decedent"), an incapacitated person, died intestate on May 7, 2008, a domiciliary of Cumberland County, Pennsylvania. 2. The Decedent is survived by three siblings, Richard T. Freistak, Alfred P. Freistak, and Frank J. Freistak. The Decedent's brother and sister, Joseph F. Freistak and Helen Marie Trepanier predeceased the Decedent. Joseph F. Freistak is survived by a son, Dennis Freistak. Helen Marie Freistak is survive by a son, Ronald L. Trepanier. Richard T. Freistak, Alfred P. Freistak, Frank J. Freistak, Dennis Freistak, and Ronald L. Trepanier are, collectively and individually, referred to herein as the "Beneficiaries." 3. The Decedent resided with his brothers, Richard T. Freistak and Alfred P. Freistak, who were the Decedent's primary caregivers since the death of their mother. 4. Richard T. Freistak was the Guardian of the Decedent's Estate, and was appointed the Administrator of the Decedent's Estate. 5. The Administrator advertised his appointment in the Cumberland Law Journal and The Sentinel. The legal advertisements are attached hereto as Exhibit "A," and are incorporated herein by reference. Page -1- ti%/ 6. The Administrator also notified the Department of Public Welfare of the Commonwealth of Pennsylvania ("DPW") of the Decedent's death and probate Estate. A true and correct copy of DPW's response is attached hereto as Exhibit "B," and is incorporated herein by reference. 7. The Administrator has filed the Pennsylvania Inheritance Tax Return for the Estate, which has been accepted by the Commonwealth as filed. A true and correct copy of the Commonwealth's Notice of Inheritance Tax Appraisement, Allowance or Disallowance of Deductions and Assessment of Tax is attached hereto as Exhibit "C," and is incorporated herein by reference. 8. At present, the Administrator has not filed the Decedent's final Federal and Pennsylvania individual income tax returns. The Administrator does note anticipate that any Federal tax will be owed, but will retain a $300 reserve for the payment of any income tax. Any retained funds not used for these purposes will be divided and distributed proportionately among the Beneficiaries after the tax returns have been prepared and filed. 9. The Beneficiaries wish the Administrator to pay the remaining estate administration expenses set forth as reserves in the Administrator's First and Final Account (the "Account"), which is attached hereto as Exhibit "D," and is incorporated herein by reference. 10. The Beneficiaries wish the Administrator to distribute the remaining assets of the Estate in accordance with the Schedule of Proposed Distributions, which is attached hereto as Exhibit "E," and is incorporated herein by reference, and 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 an accounting. 11. The Administrator is willing to make the above described payments and distributions and to so terminate the administration of the Decedent's Estate provided the Beneficiaries give the Administrator satisfactory release, refunding and indemnification protections. II. RECEIPT, RELEASE, REFUNDING, AND INDEMNIFICATION 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: Page -2- A. Represent, warrant and agree that they: (i) Have read and understand this Agreement and confirm the facts set forth above are true, correct and complete to the best of their knowledge, information and belief, and hereby approve the same for all purposes and incorporate them 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 Administrator's 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 that the Decedent's 2008 Federal, Pennsylvania and Local Individual Income Taxes have yet to be determined with certainty and that amounts may be still be owed to the respective government agencies, and agree that the Administrator should retain a $300 reserve to pay such taxes, with any balance being proportionately distributed to the Beneficiaries after the tax returns have been prepared and filed. D. Approve and direct the Administrator to pay all remaining administration expenses as set forth as reserves in the Administrator's Account (Exhibit "D" hereto), and to distribute the remaining assets of the Decedent's Estate in accordance with Schedule of Proposed Distributions (Exhibit "E" hereto). E. Agree to refund on demand, all or any part of the above described distributions, which the Administrator or any court of competent jurisdiction determines to have been improperly made. F. To the extent of the above described distributions, absolutely, unconditionally and irrevocably release, remises and forever discharge Richard T. Freistak, individually, and in his fiduciary capacity as Administrator of the Estate of George Robert Freistak, 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 of the Decedent's Estate. Page -3- U. To the extent of the above described distributions, agree to indemnify and hold harmless Richard T. Freistak, 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. H. 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 Estate. I. Agree that this Agreement constitutes the entire understanding between the Administrator 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, modified, 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 breach 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 to, and shall not be deemed to exclude, any other rights and remedies to which any party shall be entitled at law or in equity. K. 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. L. Agree that this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, 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 Administrator and Beneficiaries hereby consent to the Court exercising personal jurisdiction over each of them in any action or suit arising out of the enforcement of this Agreement. M. 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. Page -4- • '~ N. Agree that this Agreement shall be deemed to be severable, so that if any provision hereof shall be determined by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions hereof shall continue to remain valid and enforceable in accordance with their terms. O. 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 same document. Page -5- • • IN RE :COURT OF COMMON PLEAS ESTATE OF :CUMBERLAND COUNTY, PENNSYLVANIA GEORGE ROBERT FREISTAK, DECEASED :ORPHANS' COURT DIVISION No. 2008-00565 CONSENT TO FAMILY SETTLEMENT AGREEMENT RICHARD T. FREISTAK, individually and in his fiduciary capacity set forth in the Agreement, 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. <;.-~ ~~~: e'er- RICHARD T. FREISTAK, individually and in his fiduciary capacity set forth in the Agreement COMMONWEALTH OF PENNSYLVANIA COt1NTY OF CUMBERLAND On this, the 2C day of K~ , 2009, before me, the undersigned officer, personally appeared RIC ARD T. F ISTAK, 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 act for the purposes expressed therein. IN WITNESS WHEREOF, I have set my hand and official seal. ,-, , L~~~ Nota blic COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL KELLY R. HOWELL, Notary Public Lemoyne Boro., Cumberland County MY Commission Expires September 2, 2010 Page -6- • IN RE ESTATE OF GEORGE ROBERT FREISTAK, DECEASED • :COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 2008-00565 CONSENT TO FAMILY SETTLEMENT AGREEMENT ALFRED P. FREISTAK, individually, 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. ~• ALF D P. FREISTAK COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the (~~ day of (;U ~-'~ , 2009, before me, the undersigned officer, personally appeared ALFRED P. FRE TAK, 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 act for the purposes expressed therein. IN WITNESS WHEREOF, I have set my hand and official seal. ,r""' ~ r ,2~~i~ Notary Pub is Page -7- COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL KELLY R. HOWELL, Notary Public Lemoyne Bao., Cumberland County Commission Expires September 2, 2010 IN RE ESTATE OF GEORGE ROBERT FREISTAK, DECEASED :COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 2008-00565 CONSENT TO FAMILY SETTLEMENT AGREEMENT FRANK J. FREISTAK, individually, 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. ~~~m~ ~~~~~~ FRANK J. FREISTAK COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the ~~ day of ~~ u "( , 2009, before me, the undersigned officer, personally appeared FRANK J. FREIS K, 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 act for the purposes expressed therein. IN WITNESS WHEREOF, I have set my hand and official seal. .n j ` ~ .~ Notary Pu lic Page -8- COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL KELLY R. HOWELL, Notary Pl~lic Lemoyne Boro., Cumberland County MY Commission Expires September 2, 2010 • IN RE ESTATE OF GEORGE ROBERT FREISTAK, DECEASED COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 2008-00565 CONSENT TO FAMILY SETTLEMENT AGREEMENT DENNIS FREISTAK, individually, 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 COUNTY OF CUMBERLAND On this, the ~ L~~day of E~t`lU.~r , 2009, before me, the undersigned officer, personally appeared DENNIS FREI~AK, 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 act for the purposes expressed therein. IN WITNESS WHEREOF, I have set my hand and official seal. COMMONW~AL1`~~ iaf' P~ir1NSYLVANIA ~~ N4~'r+++zi °?tka~ COII86i1 R, ~°~e+.t% sSh;~:3t, iVOtal'}/ PUbI`!C 'dlforml~bu~-~ "'e;~n C;urrx.~ariand County ( My ~~'Jtii!a'i;;a."ati3T f'.YS:Ji~'st~r. 3~J, ~ i _ .. Mttml;+7s.M" a,uis~'v~~; <pti FOalatlon of Notaries Notary Public Page -9- DENNIS FREISTAK C] IN RE ESTATE OF GEORGE ROBERT FREISTAIC, DECEASED : COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 2008-00565 CONSENT TO FAMILY SETTLEMENT AGREEMENT RONALD L. TREPANIER, individually, hereby consents to the Family Settlement t.g.-c~:,n~en: {the `.Agreement'), and acknowledges that a cope of±he Agreement, including all Exhibits thereto, has been provided to him. ,,,~ f~ ~~~ R ALD L. TREPANIER ,~' STATE OF TEXAS COUNTY. OF ~r~G_~~.~- On this, the ~'~`day of _ ~ ~l.~tQ ff , 2009, before me, the undersigned officer, personally appeared RONALD L. EPANIER, 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 act for the purposes expressed therein. IN WITNESS WHEREOF, I have set my hand and official seal. ~°' ~ '~ aoa~ wnoa ~ ~~ r nny commission ExphK Notary Public .-uly 21, 2009 ' ~a o..•~ Page -10- • 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 svaorn, according to lava, deposes and says that the Cum'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, 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: June 6 .lone 13 and June 20 2008 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. ~'L ----- a Ma le Coyne, Ed' r SWORN TO AND SUBSCRIBED before me this 20_day of .lone, 2008 Freiatak, George Robert, deed. Notary Late of Lower Allen Township. Administrator: Richazd T. Freistak c/o Stephanie Kleinfelter, Es- quire, Keefer Wood Allen & Rahal, LLP, 635 N. 12th Street, Suite "°`°~-i~~°°°iA----~- 400, Lemoyne, PA 17043. NOTARIAL SEAL Attorneys: Stephanie Kleinfelter, DE80RAH A COLLINS Esquire, Keefer Wood Allen & Notary Public Rahal, LLP, 635 N. 12th Street, CARLISLE BORO, CUMBERLAND COUNTY Suite 400, Lemoyne, PA 17043. My Commission Expires Apr 28, 2010 • PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Erica Peterson, Classified Manager, 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 notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): Tune 12,19, 26, 2008 COPY OF NOTICE OF PUBLICATION ESTATE NOTICE Estete 41 GEORGE B~.BI FREISTAK. Deceased. The Decedent died intestate on May 7, 2008, late of Lower Allen Township, Cumberland County, Pennsylvania. Letters of Administration have"been granted to the undersigned. All persons Indebted to the Decedent are requested to make immediate payment, and those having claims should present them for settlement, without delay to: Richard T. Freistak, Administrator c!o Stephanie Kleinfelt9r, Esquire Keefer Wood Allen & Rahal, LLP 635 North 12th Street, Suite 400 Lemoyne, PA 17043 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. ," C Sworn to and subscribed before me this 26th day of Tune, 2008. Notary ublic My commission expires: (a 1®/D q' NoTARMI X611. BONfA A CANUP ~Y Public CARL 18LE BOROUGH. CtH~ABERtAND COUNTY My Colrgniulon Exptres Jun 8, 2009 '~ 38 .iA."~~;r~x~~ ~~: ~. M '' ;; ~ik.,-r.. .. , .... .. . rurswia~w~mm+,~~rc< r w..,r...:s~Fr • 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 August 4, 2008 KEEFER WOOD ALLEN & RAHAL LLP STEPHANIE KLEINFELTER ESQUIRE 635 NORTH 12TH STREET SUITE 400 LEMOYNE PA 17043 Dear Attorney Kleinfelter: Re: GEORGE R. FREISTAK SSN: 168-48-3979 Pursuant to your letter dated July 25, 2008, the Department of Public Welfare (DPW), Estate Recovery Program, has reviewed the information you provided regarding the above-referenced estate. It has been determined that the above individual did receive medical assistance. However, the medical assistance received is not recoverable in accordance with Act 49, 62 P.S. §1412. Therefore, according to the information provided, the Department's Estate Recovery Program will not seek any recovery from this estate. If you have any questions, please feel free to contact me. Sincerely, .~ ,y 1 ~~t~ Carole A. Procope Recovery Section Manager (717)772-6604 COMMONWEALTH OF PENNSYLVA DEPARTMENT OF REVENUE NOTICE OF INHERITANCE TAX BUREAU OF INDIVIDUAL TAXES APPRAISEMENT, ALLOWANCE OR DISALLOWANCE INHERITANCE TAX DIVISION OF DEDUCTIONS AND ASSESSMENT OF TAX PO BOX 280601 HARRISBURG PA 17128-0601 STEPHANIE KLEINFELTER KEEPER ETAL 635 N 12TH ST STE 400 LEMOYNE PA 17043 REV-1547 EX AFP C06-05) DATE 11-24-2008 ESTATE OF FREISTAK GEORGE R DATE OF DEATH 05-07-2008 FILE NUMBER 21 08-0565 COUNTY CUMBERLAND ACN 101 APPEAL DATE: 01-23-2009 (See reverse side under Objections Amount Remitted MAKE CHECK PAYABLE AND REMIT PAYMENT T0: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 CUT ALONG THIS LINE ~) RETAIN LOWER PORTION FOR YOUR RECORDS ~ -------------- ----------------------------------------------------------------------------- REV-1547 EX AFP (03-05) NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT ^F TAX ESTATE OF FREISTAK GEORGE R FILE N0. 21 08-0565 ACN 101 DATE 11-24-2008 TAX RETURN WAS: (X) ACCEPTED AS FILED C ) CHANGED RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Real Estate (Schedule A) C1) .00 NOTE: To insure proper 2. Stocks and Bonds (Schedule B) C2) 297.68 3.78 credit to your account, 3. Closely Held Stock/Partnership Interest (Schedule C) (3) .00 submit the upper portion of this form with your 4. Mortgages/Notes Receivable (Schedule D) C4) .00 tax payment. 5. Cash/Bank Deposits/Misc. Personal Property (Schedule E) C5) 177,68 0.97 6. Jointly Owned Property (Schedule F) C6) .00 7. Transfers (Schedule G) (7) .00 8. Total Assets (8) 475, 364 .75 APPROVED DEDUCTIONS AND EXEMPTIONS: 35,168 .64 9. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H) C9) 10. Debts/Mortgage Liabilities/Liens (Schedule I) C10) 551 .00 11. Total Deductions ~ (11) 35.719.64 12. Net Value of Tax Return (12) 439,645.11 13. Charitable/Governmental Bequests; Non-elected 9113 Trus ts (Schedule J) (13) .00 14. Net Value of Estate Subject to Tax (14) 439, 645.11 NOTE: If an assessment was issued previously, lines 14, 15 and/or 16, 17, 18 and 19 will reflect figures that include the total of ALL returns assess ed to date. ASSESSMENT OF TAX: 15. Amount of Line 14 at Spousal rate (15) .00 X 00 _ .00 16. Amount of Line 14 taxable at Lineal/Class A rate C16) •00 X 04 5 = .00 17. Amount of Line 14 at Sibling rate (17) 263, 787.07 X 12 __ 31 , 654.45 18. Amount of Line 14 taxable at Collateral/Class B rate (18) 175,858.04 X 15 _ 26,378.71 19. Principal Tax Due (19)= 58,033.16 L DATE I NUMBER I INTEREST/PEN PAID C-) I AMOUNT PAID 08-05-2008 CD010096 2,893.62 54,978.87 PAYMENT MUST BE MADE BY 02-07-2009*. TOTAL TAX CREDIT 57,872.49 BALANCE OF TAX DUE 160.67 INTEREST AND PEN. .00 TOTAL DUE 160.67 * IF PAID AFTER DATE INDICATED, SEE REVERSE C IF TOTAL DUE IS LESS THAN Slr NO PAYMENT IS REQUIRED. FOR CALCULATION OF ADDITIONAL INTEREST. IF TOTAL DUE IS REFLECTED AS A "CREDIT" CCR), YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.) RESERVATION: Estates of decedents dying on or before December 12, 1982 -- if any future interest in the estate is transferred in possession or enjoyment to Class B (collateral) beneficiaries of the decedent after the expiration of any estate for life or for years, the Commonwealth hereby expressly reserves the right to appraise and assess transfer Inheritance Taxes at the lawful Class B (collateral) rate on any such future interest. PURPOSE OF NOTICE: Ta fulfill the requirements of Section 2140 of the Inheritance and Estate Tax Act, Act 23 of 2000. (72 P.S. Section 9140). PAYMENT: Detach the too Portion of this Notice and submit with your payment to the Register of Wills printed on the reverse side. --Make check or money order payable to: REGISTER OFWII.LS,AGENT. Failure to pay the tax, interest, and penalty due may result in the filing of a lien of record in the appropriate county, or the issuance of an Orphan's Court citation. REFUND CCR): A refund of a tax credit, which was not requested on the Tax Return, may be requested by completing an "Application for Refund of Pennsylvania Inheritance and Estate Tax" (REV-1313). Applications are available online at www.revenue.state.pa.us, any Register of Wills or Revenue District Office, or from the Department's 24-hour answering service for forms orders: 1-800-362-2050; services for taxpayers with special hearing and/or speaking needs: 1-600-447-3020 (TT only). OBJECTIONS: Any party in interest not satisfied with the appraisement, allowance or disallowance of deductions or assessment of tax (including discount or interest) as shown on this Notice may object within 60 days of the date of receipt of this notice by filing one of the following: A) Protest to the PA Department of Revenue, Board of Appeals. You may object by filing a protest online at www.boardofaopeals.state.pa.us on or before the expiration of the sixty-day appeal period. In order for an electronic protest to be valid, you must receive a confirmation number and processed date from the Board of Appeals website. You may also send a written protest to: PA Department of Revenue, Board of Appeals, P.O. Box 281021, Harrisburg, PA 17128-1021. Petitions may not be faxed. B) Election to have the matter determined at the audit of the account of the personal representative. ADMIN- C) Appeal to the Orphans' Court. ISTRATIVE CORRECTIONS: Factual errors discovered on this assessment should be addressed in writing to: PA Department of Revenue, Bureau of Individual Taxes, ATTN: Post Assessment Review Unit, P.O. Box 280601, Harrisburg, PA 17128-0601 Phone (717) 787-6505. See page 4 of the booklet "Instructions for Inheritance Tax Return for a Resident Decedent" (REV-1501) for an explanation of administratively correctable errors. DISCOUNT: If any tax due is paid within three C3) calendar months after the decedent's death, a five percent (5%) discount of the tax paid is allowed. PENALTY: The 15% tax amnesty non-participation penalty is computed on the total of the tax and interest assessed, and not paid before January 18, 1996, the first day after the end of the tax amnesty period. This non-participation penalty is appealable in the same manner and in the the same time period as you would appeal the tax and interest that has beer. assessed as indicated on this notice. INTEREST: Interest is charged beginning with first day of delinquency, or nine (9) months and one (1) day from the date of death, to the date of payment. Taxes which became delinquent before January 1. 1982 bear interest at the rate of six C6%) percent per annum calculated at a daily rate of .000164. All taxes which became delinquent on and after January 1, 1982 will bear interest at a rate which will vary from calendar year to calendar year with that rate announced by the PA Department of Revenue. Rates for years 1982 through 1999 can be found in the Pennsylvania Resident Instruction Booklet, (REV-1501), the Pennsylvania Non-resident Instruction Booklet (REV-1736) or on the Pennsylvania Dept. of Revenue web site www.revenue.state.pa.us. The applicable interest rates for years 2000 through 2006 are: Interest Daily Interest Daily Interest Daily Year Rate Factor Year Rate Factor Year Rate Factor 2000 8% .000219 2001 9% .000247 2002 6% .000164 2003 5% .000137 2004 4% .000110 2005 5% .000137 2006 7% .000192 2007 8% .000219 2008 7% .000192 --Interest is calculated as follows: INTEREST = BALANCE OF TAX UNPAID X NUMBER OF DAYS DELINQUENT X DAILY INTEREST FACTOR --Any Notice issued after the tax becomes delinquent will reflect an interest calculation to fifteen (15) days beyond the date of the assessment. If payment is made after the interest computation date shown on the Notice, additional interest must be calculated. SUMMARY OF ACCOUNT Estate of George R. Freistak For Period 5/7/2008 Through 12/31/2008 Principal Receipts 1-3 Net Gain (or Loss) on Sales or Other Dispositions 4-5 Other Receipts Less Disbursements Administration Expenses (Prin) 6 $ 956.11 Fees and Commissions (Prin) 6 26,800.00 Funeral Expenses (Prin) 6 8,560.02 Other Expenses (Prin) 7 58,438.63 Fiduciary Acquisition $ 477,916.20 535.18 0.00 $ 478,451.38 94.754.76 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 8 9-10 11-13 W vvv,vvv.v~ 0.00 W vvv,vvv.v~ $ 7,185.59 0.00 $ 7,185.59 0.00 $ 7,185.59 $ 390,882.21 • RECEIPTS OF PRINCIPAL Estate of George R. Freistak As of 12/31 /2008 Assets Listed in Inventory (Valued as of date of death) Cash on Hand Charles Schwab Acct 6193-8709 Cash In Account $ 69,421.55 Charles Schwab Account No. 3455-6000 Cash $ 54,707.82 Social Security Benefits Deposited May 2, 2008 Benefits forApri12008 $ 1,097.00 Checking Accounts PNC Bank, N.A. Checking Account No. 51-4026-4916 Money Market Accounts PNC Bank, N.A. Money Market Account 51-3021-1853 Common Stocks Cisco Systems Inc. 300 Units General Electric Company 1,800 Units Pfizer Incorporated 300 Units $ 7,897.50 $ 59,040.00 $ 6,027.00 Page 1 Fiduciary Acquisition Value $ 125,226.37 31,517.28 21,813.72 72, 964.50 Mutual Funds T Rowe Price Equity 1,005.628 Units Vanguard Wellington Fund 4,309.602 Units Fidelity Puritan Fund 1,827.325 Units $ 26,186.55 $ 138,036.55 $ 33,275.59 • RECEIPTS OF PRINCIPAL Estate of George R. Freistak As of 12/31 /2008 Assets Listed in Inventory (Valued as of date of death) Oakmark Equity Income Fund 978.454 Units Refunds Highmark Freedom Blue - Premium Refund Miscellaneous Property PA Treasury Department - Recovery Of Unclaimed Property Uncashed Revenue Refund Check First Catholic Slovak Union Of The USA and Canada - Life Insurance TOTAL INVENTORY $ 27,220.59 $ 100.00 $ 854.45 Page 2 Fiduciary Acquisition Value $ 224,719.28 120.60 954.45 $ 477,316.20 RECEIPTS OF PRINCIPAL Page 3 Estate of George R. Freistak As of 12/31 /2008 Receipts Subsequent to Inventory (Valued when received) 12/01/2008 U.S. Treasury - 2008 Economic Stimulus Check $ 600.00 TOTAL RECEIPTS SUBSEQUENT TO INVENTORY $ 600.00 SUMMARY Totallnventory $ 477,316.20 Total Receipts Subsequent To Inventory 600.00 TOTAL RECEIPTS OF PRINCIPAL $ 477,916.20 i • GAINS AND LOSSES ON SALES OR OTHER DISPOSITIONS Page 4 Estate of George R. Freistak For Period 5/7/2008 Through 12/31/2008 Gain Loss 10/03/2008 Puritan Fund -Long Term Capital Gain Distributions Net Proceeds $ 18.27 Fiduciary Acquisition Value 0.00 Net Gain $ 18.27 12/18/2008 Oakmark Equity Income Fund -Long Term Capital Gain Distribution Net Proceeds $ 562.22 Fiduciary Acquisition Value 0.00 Net Gain 562.22 12/19/2008 Fidelti Puritan Fund -Long Term Capital Gain Distribution Net Proceeds $ 9.14 Fiduciary Acquisition Value 0.00 Net Gain 9.14 12/23/2008 Sold .3250 Shares Fidelity Puritan Fund 0.325 Units Net Proceeds $ 4.13 Fiduciary Acquisition Value 5.92 Net Loss $ 1.79 12/23/2008 Sold .454 Shares Oakmark Equity Income Fund 0.454 Units Net Proceeds $ 9.60 Fiduciary Acquisition Value 12.63 Net Loss 3.03 12/23/2008 Sold 1.628 Shares T. Rowe Price Equity Income Fund 1.628 Units Net Proceeds $ 26.73 Fiduciary Acquisition Value 42.39 Net Loss 15.66 • GAINS AND LOSSES ON SALES OR OTHER DISPOSITIONS Page 5 Estate of George R. Freistak For Period 5/7/2008 Through 12/31/2008 Gain Loss 12/23/2008 Sold .602 Shares Vanguard Wellington Fund 0.602 Units Net Proceeds $ 14.47 Fiduciary Acquisition Value 19.28 Net Loss $ 4.81 12/26/2008 Sold 1 Share of Cisco Systems, Inc. 1 Units Net Proceeds $ 16.49 Fiduciary Acquisition Value 26.33 Net Loss g.84 12/26/2008 Sold 1 Share of General Electric Company 1 Units Net Proceeds $ 16.19 Fiduciary Acquisition Value 32.80 Net Loss 16.61 12/26/2008 Sold 1 Share Of Pfizer Incorporated 1 Units Net Proceeds $ 17.38 Fiduciary Acquisition Value 20.09 Net Loss 2.71 Total Gains and Losses 589.63 54.45 Less Loss (54.45) Net Gain $ 535.18 • DISBURSEMENTS OF PRINCIPAL Page 6 Estate of George R. Freistak For Period 5/7/2008 Through 12/31/2008 Administration Expenses (Prin) 06/11/2008 Charles Schwab - Miscellanous Charge $ 96.00 12/31/2008 Keefer Wood Allen & Rahal, LLP Reserve For Payment Of Advancements and Miscellanoues Expenses Probate Fees $ 445.00 Legal Advertisements $ 225.64 Court Filing Fees $ 40.00 Short Certificates $ 8.00 Messenger $ 27.50 Copying $ 30.48 Postage $ 23.49 Sub-Total $800.11 Future Costs: Filing Family Settlement Agreement $ 20.00 Postage/Copies $ 40.00 860.11 $ 956.11 Fees and Commissions (Prin) 12/15/2008 Richard T. Freistak -Interim Payment Of Administrator's Commissions $ 8,600.00 12/31/2008 Richard Freistak - Reserve For Balance Of Administrator's Commissions 8,700.00 12/31/2008 Keefer Wood Allen & Rahal, LLP - Reserve For Legal Fees 9,500.00 26,800.00 Funeral Expenses (Prin) 5/29/2008 Stone & Murray Funeral Home $ 7,508.00 07/15/2008 Romberger Memorials -Balance of Memorial 345.00 12/15/2008 Richard Freistak Reimbursement of $300 Memorial Deposit and $407.02 Flowers for Funeral 707.02 8,560.02 DISBURSEMENTS OF PRINCIPAL Estate of George R. Freistak For Period 5/7/2008 Through 12/31/2008 Other Expenses (Prin) 5/29/2008 Pinnacle Health Hospitals -Medical Expense 06/30/2008 Pinnacle Health Hospitals -Medical Expense 07/08/2008 East Pennsboro Ambulance Service -Medical Expense 08/05/2008 Register Of Wills, Agent Prepayment Of Pennsylvania Inheritance Tax 10/07/2008 Mobile X-Ray -Medical Expense 12/31/2008 Reserve For The Payment Of 2008 Individual Income Taxes 12/31/2008 Reserve For Claremont Nursing Home -Nursing Home Services TOTAL DISBURSEMENTS OF PRINCIPAL Page 7 100.00 451.00 33.00 54,978.87 82.43 300.00 2,493.33 $ 58,438.63 $ 94,754.76 PRINCIPAL BALANCE ON HAN Estate of George R. Freistak As of 12/31 /2008 Current Value Cash on Hand Estate's Charles Schwab Account -Cash Account No. 8312-6720 Checking Accounts PNC Bank , N.A. Checking Account Common Stocks Cisco Systems Inc. 299 Units General Electric Company 1,799 Units Pfizer Incorporated 299 Units Mutual Funds T Rowe Price Equity 1,004 Units Vanguard Wellington Fund 4,309 Units Fidelity Puritan Fund 1,827 Units Oakmark Equity Income Fund 978 Units Less: Income balance on hand PRINCIPAL BALANCE ON HAND Carrying Value $93,350.75 $93,350.75 7.12 7.12 4,873.70 7,871.17 29,143.80 59,007.20 5,295.29 6,006.91 17,148.32 105,268.87 23,860.62 21, 085.68 $300,034.15 7,185.59 $292,848.56 26,144.16 138,017.27 33,269.67 27,207.96 $390,882.21 7,185.59 $383,696.62 Page 8 • INFORMATION SCHEDULES Page 9 Estate of George R. Freistak For Period 5/7/2008 Through 12/31/2008 Changes in Investment Holdings Cisco Systems Inc. $ 7,897.50 12/26/2008 Sold 1 Share of Cisco Systems, Inc. 1 Units (26.33) $ 7,871.17 General Electric Company $ 59,040.00 12/26/2008 Sold 1 Share of General Electric Company 1 Units (32.80) 59,007.20 Pfizer Incorporated $ 6,027.00 12/26/2008 Sold 1 Share Of Pfizer Incorporated 1 Units (20.09) 6,006.91 T Rowe Price Equity $ 26,186.55 12/23/2008 Sold 1.628 Shares T. Rowe Price Equity Income Fund 1.628 Units (42.39) 26,144.16 Vanguard Wellington Fund $ 138,036.55 12/23/2008 Sold .602 Shares Vanguard Wellington Fund 0.602 Units (19.28) 138,017.27 Fidelity Puritan Fund $ 33,275.59 12/23/2008 Sold .3250 Shares Fidelity Puritan Fund 0.325 Units (5,g2) 33,269.67 Oakmark Equity Income Fund $ 27,220.59 12/23/2008 Sold .454 Shares Oakmark Equity Income Fund 0.454 Units (12_Fi31 27,207.96 • INFORMATION SCHEDULES • Estate of George R. Freistak For Period 5/7/2008 Through 12/31/2008 Highmark Freedom Blue - Premium Refund $ 120.60 5/29/2008 Deposit Refund Check From Highmark Freedom Blue (120.60) PA Treasury Department -Recovery Of Unclaimed Property $ 100.00 12/16/2008 Deposited Proceeds Check From The Commonwealth Of Pennsylvania For Recovery Of Unclaimed Property (100.00) Page 10 $ 0.00 0.00 Life Insurance $ 854.45 08/29/2008 Deposited Life Insuranance Check (854.45) 0.00 U.S. Treasury - 2008 Economic Stimulus Check $ 600.00 12/16/2008 Deposited Check From U.S. Treasury - 2008 Economic Stimulus Check (600.001 0.00 • RECEIPTS OF INCOME Estate of George R. Freistak For Period 5/7/2008 Through 12/31/2008 Dividends General Electric Company 07/25/2008 Dividends 10/27/2008 Dividends 12/31/2008 Pending Dividend -Payable 01/26/09 Pfizer Incorporated 06/03/2008 Dividends 09/03/2008 Dividends 12/02/2008 Dividends 12/02/2008 Dividends Total Dividends Interest Charles Schwab Acct 6193-8709 Cash 05/31/2008 Interest 06/12/2008 Interest Charles Schwab Account No. 3455-6000 Cash 05/31 /2008 Interest 06/12/2008 Interest Estate's Charles Schwab Account -Cash 06/27/2008 Interest 08/28/2008 Interest 558.00 558.00 96.00 96.00 96.00 10.68 8.18 8.17 13.52 Page 11 $ 2,057.69 • RECEIPTS OF INCOME Estate of George R. Freistak For Period 5/7/2008 Through 12/31/2008 09/29/2008 Interest 10/30!2008 Interest 11/26/2008 Interest 12/30/2008 Interest PNC Bank, N.A. Checking Account No. 51-4026-4916 5/12/2008 Interest Estate's PNC Bank Checking Account 06/18/2008 Interest 07/18/2008 Interest 07/30/2008 Interest 08/19/2008 Interest 09/18/2008 Interest 10/20/2008 Interest 11 /17/2008 Interest 12/17/2008 Interest T Rowe Price Equity 06/26/2008 Dividends 09/26/2008 Dividends 12/11/2008 Dividends Vanguard Wellington Fund 06/26/2008 Dividends 09/25/2008 Dividends 12.80 9.67 7.29 4.80 10.99 11.45 17.16 7.90 5.28 8.08 7.06 140.79 150.84 1,219.62 1,081.71 Page 12 • RECEIPTS OF INCOME Page 13 Estate of George R. Freistak For Period 5/7/2008 Through 12/31/2008 12/26/2008 Dividends Fidelity Puritan Fund 07/11/2008 Dividends 10/03/2008 Dividends 12/19/2008 Dividends Oakmark Equity Income Fund 12/18/2008 Dividend Total Interest TOTAL RECEIPTS OF INCOME $ 1,180.67 3,482.00 228.42 222.93 201.01 652.36 377.49 $ 5.127.90 $ 7,185.59 ~ ~ Estate of George R. Freistak Proposed Schedule of Distributions (Net of Pennsylvania Inheritance Tax) Fair Market Basis Value 12/31/08 To: Richard T. Freistak 61 Shares of Cisco Systems Inc. $ 994.30 $ 1,605.83 365 Shares of General Electric $ 5,913.00 $ 11,972.00 61 Shares Pfizer Incorporated $ 1,080.31 $ 1,225.49 204 Shares of T. Rowe Price Equity $ 3,484.32 $ 5,312.16 874 Shares Vanguard Wellington Fund $ 21,351.82 $ 27,994.22 371 Shares Fidelity Puritan Fund $ 4,845.26 $ 6,755.91 198 Shares Oakmark Equity Income Fund $ 4,268.88 $ 5,508.36 Cash $ 18,882.88 $ 18,882.88 Total To Richard T. Freistak $ 60.820.77 $ 79,256.85 To: Alfred P. Freistak 61 Shares of Cisco Systems Inc. $ 994.30 $ 1,605.83 365 Shares of General Electric $ 5,913.00 $ 11,972.00 61 Shares Pfizer Incorporated $ 1,080.31 $ 1,225.49 204 Shares of T. Rowe Price Equity $ 3,484.32 $ 5,312.16 874 Shares Vanguard Wellington Fund $ 21,351.82 $ 27,994.22 371 Shares Fidelity Puritan Fund $ 4,845.26 $ 6,755.91 198 Shares Oakmark Equity Income Fund $ 4,268.88 $ 5,508.36 Cash $ 18,883.26 $ 18,883.26 Total To Alfred P. Freistak $ 60.821.15 $ 79.257.23 Estate of George R. Freistak Proposed Distributions (Net of Pennsylvania Inheritance Tax) Fair Market Value 12/31/08 To: Frank J. Freistak 61 Shares of Cisco Systems Inc. 365 Shares of General Electric 61 Shares Pfizer Incorporated 204 Shares of T. Rowe Price Equity 874 Shares Vanguard Wellington Fund 371 Shares Fidelity Puritan Fund 198 Shares Oakmark Equity Income Fund Cash Total To Frank J. Freistak $ 994.30 $ 5,913.00 $ 1,080.31 $ 3,484.32 $ 21,351.82 $ 4,845.26 $ 4,268.88 $ 18,883.26 $ 60,821.15 Basis $ 1,605.83 $ 11,972.00 $ 1,225.49 $ 5,312.16 $ 27,994.22 $ 6,755.91 $ 5,508.36 $ 18.883.26 $ 79,257.23 • • Estate of George R. Freistak Proposed Distributions (Net of Pennsylvania Inheritance Tax) To: Dennis P. Freistak 58 Shares of Cisco Systems Inc. 352 Shares of General Electric 58 Shares Pfizer Incorporated 196 Shares of T. Rowe Price Equity 843 Shares Vanguard Wellington Fund 357 Shares Fidelity Puritan Fund 192 Shares Oakmark Equity Income Fund Cash Total To Dennis Freistak To: Ronald L. Trenanier 58 Shares of Cisco Systems Inc. 352 Shares of General Electric 58 Shares Pfizer Incorporated 196 Shares of T. Rowe Price Equity 844 Shares Vanguard Wellington Fund 357 Shares Fidelity Puritan Fund 192 Shares Oakmark Equity Income Fund Cash Total To Ronald L. Trepanier Fair Market Basis Value 12/31/08 $ 945.40 $ 5,702.40 $ 1,027.18 $ 3,347.68 $ 20,594.49 $ 4,662.42 $ 4,139.52 $ 18,370.25 $ 58,789.34 $ 1,526.84 $ 11,545.60 $ 1,165.22 $ 5,103.84 $ 27,001.29 $ 6,500.97 $ 5,341.44 $18,370.25 $76,555.45 $ 945.40 $ 1,526.84 $ 5,702.40 $ 11,545.60 $ 1,027.18 $ 1,165.22 $ 3,347.68 $ 5,103.84 $ 20,618.92 $ 27,033.32 $ 4,662.42 $ 6,500.97 $ 4,139.52 $ 5,341.44 $ 18.338.22 $ 18,338.22 $ 58,781.74 $ 76,555.45