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HomeMy WebLinkAbout04-0478Register of Wills of PETITION FOR Estate of LOUIS E. WIENCZKOWSKI also known as , Deceased JOAN W. WIENCZKOWSKI CUMBERLAND County, Pennsylvania GRANT OF LETTERS No. ~,~ I '~L-'~ - q ~-~ C(~ Social Security No. 186-22-9995 Petitioner(s), who is/are 18 years of age or older, apply(les) for: (COMPLETE 'A' or 'B' BELOW:) A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the execut rix the Decedent, dated 4 / 2 1 / 8 6 and codicil(s) dated named in the last Will of State relevant circumstances, e.g., renunciation, death of executor, etc. Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the documents offered for probate; was not the victim of a killing and was never adjudicated incompetent: .~ ~- B. Grant of Letters of Administration (c.t.a.; d.b.n.c.t.a; pendente lite; durante absentia~urante minoritate) Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following sp.~c~se (if any) and heirs: ~ Name Relationship Residence (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in CUMBERLAND County, Pennsylvania with his/her last family or principal residence at 433 BROOK CIRCLE, HAMPDEN TOWNSHIP, MECHANICSBURG, PA 17011 (list street, number, and municipality) Decedent, then 72 years of age, died 05/05/2004 at SHEPHERDS CHOICE NURSING HOME, PA Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property (If not domiciled in PA) Personal property in Pennsylvania (If not domiciled in PA) Personal property in County Value of real estate in Pennsylvania (Location) $ 20,000.00 $ 0.00 situated as follows: Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of letters in the appropriate form to the undersic~ned: Si~lnature Typed or printed name and residence ;~.~ - JOAN W. WIENCZKOWSKI LiJ ~_o..~r~/~~/' 2100 CEDAR RUN DRIVE, APT. 205, CAMP HILL, PA 17011 Prepared by the Pennsylvania Bar Association Copyright (c) 1996 form software only CPSystems, I,c. Form RW-1 (1991) Oath of Personal Representative Commonwealth of Pennsylvania County of CUblBE~ND The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed ~,Z,-/v /_/JOAN W. WIENCZKOWS~J~ before me this:~Yl'~''~ ' day of For t~. P, egis~ter ~,,~ Estate of LOUTS E. WIENCZKOWSK! Social Security No: 186- 22- 9995 Date of Death: 05/05/2004 AND NOW, /~ )~? ~)/.~ , ,..~)C~? , in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters IXI Testamentary ~ Of Administration ~eceased ~ .--< (c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate) are hereby granted to JOAN W. WIENCZKOWSKI in the above estate and that the instrument(s) dated ~//~'~ / / / ~ (~ described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES Letters ........... $ Short Certificate(s) ..... $ Renunciation ........ $ Attorney: JEFFREY R. BOSWELL, ESQUIRE I.D. No: 25444 BOSWELL TINTNER PICCOLA & ALFORD Address: 315 NORTH FRO1YI' STREET P. O. BOX 741 I-IARRISBURG, PA 17108-0741 Telephone: 717/236-9377 Affidavits ( ) .... Extra Pages ( ) .... $ Codicil ........... $ JCP Fee .......... $ Inventory .......... $ ,/0. o o Other ........... $ TOTAL ......... $ Prepared by the Pennsylvania Bar Association Copyright (c) 1996 form software only CPSystems, Inc. Form RW-1 (1991) his. is to certify that the information here given is correctly copied from an original certificate of death duly filed with mc as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $2.00 .'1.0327714. No. Local Registrar Date ~"'.3 Rev. z,a? COMMONWEALTH OF PENNSYLVANIA - DEPARTMENT OF HEALTH · VITAL RECOt~DS ['-% CERTIFICATE OF DEATH ,. Louis E. Wienczkowski ~,. ~le 1,. 186 -- 22 -- 9995 ~,~y 5,2~2 ~E (ta~ 8~y) U~R t Y~ U~R 1D~ DATE OF ~TH ~ ~C~ ~ [ ~ ~ ~H~C~ ~ ~-- ~,~,~ ~ ~} Yin. ~ · I~t~ ~ E~II~ U ~ ~ ~ ' , . . ~0.~~. mglneer ,,~. ~ ,,. ~ ~ O ~t~ O~C~D~NT'$ M~MLINO AOOf~ SS (~t~. C~ytTow~. Stale./~p Code) IDECEDENT'$ Pa 433 Brook Circle ,~ Mec~nics~rg ~Pa 17050 ~'S ~ME (F~, M~, L~) ,,. ~u~s L. ~ienczkowski ~m-O/~ANT'S NAME Joan Wienczkowski ~ ~ a~ I,~.~.~T~ c,~,~O ~s,.,.O 01.,.* ~y 10,2004 I I ,,,.~ ~,,. ~,~,~,~,. · Hampden MOTHER'S NAME iFeM. M.~,e. Ma~e~ S~name) ,, N/A ~. 2100 Cedar Run Drive Amt 205 Camm Hill. Pa 17011 I~c~°~'~{~P~srr''"'~'°~c'"~°'~'c''m'~ I"- C~p Hill, Pa ,~. Rolling Green Cemetery ' t~'c~'~'~ j~e~s~r~e~uneral Home Inc~~~l e OF DEATH (/ JOATE PRONOUNCE D DEAD (Month. Day. Yea0 ~,. I I;qO a,.h,. O~'-os-oq ,~. t~a/'Slgi45'g't'- a--. :~-5-Oq WAS ~ REFEFIREO TO MEDIC/M. EXAMINER/CORONER? DOE ~ (OR ~S A CO*.IS~QUENCE 0~: ' I LAST WILL AND TESTAMENT OF LOUIS E. WIENCZKOWSKI CLECKNER & FEAREN ATTORNEYS AT LAW NARRISBURG, PENNSYLVANIA I, LOUIS E. WIENCZKOWSKI, of 209 South 31st Street, City of Harrisburg, Dauphin County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking and making void, any and all Wills or Codicils made by me at any time heretofore. ITEM 1: I hereby direct my hereinafter named Executrix or Executor to pay all of my Just debts, funeral expenses, estate and inheritance taxes as soon after my death as may be found conven- ient. ITEM 2: Ail the rest, residue and remainder of my estate, whether real, personal or mixed, of whatsoever nature, wheresoever situate and from whatsoever source derived, I give, devise and bequeath unto my wife, JOAN W. WIENCZKOWSKI, if she survives me by sixty (60) days. ITEM 3: If my wife does not survive me by sixty (60) days, then I give, devise and bequeath all of my estate whether real or personal, of whatsoever kind, wheresoever situate and from whatso- ever source derived as follows: (a) One-third (1/3) to my wife's son, RICHARD ~ BREACH. In the event that he does not survive me and has no issue surviving at the time of my death, his share shall become part of and distributed in accordance with the provisions of subparagraph (b) of this ITEM 3. In the event that he has issue surviving at the time of my death, I give, devise and bequeath his share to his issue per stirpes. (b) Two-thirds (2/3) in equal shares to my children, GEANNE L. COULSON, BRENDA WIENCZKOWSKI, LINDA MINTHORN, ROBIN WIENCZKOWSKI, MARY DEE WIENCZKOWSKI and AMY WIENCZKOWSKI. In the event that any of my children do not survive me, and have no issue surviving at the time of my death, that deceased child's share shall be divided equally among my other surviving children. In the event that said deceased child has issue surviving at the time of my death, that deceased child's share I give, devise and bequeath to that deceased child's issue per stirpes. ITEM 4: I hereby nominate, constitute and appoint my wife, JOAN W. WIENCZKOWSKI, as Executrix of this, my Last Will and Testament. In the event that my wife does not survive me or is otherwise unable to serve, I nominate, constitute and appoint the oldest child of either myself or my wife as Executor or Executrix of this my Last Will and Testament. CLECKNER & FEAREN ATTORNEYS AT LAW HARRISBURG, PENNSYLVANIA IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of · 1986. LOUIS E. (SEAL) Signed, published and declared by the said Testator, LOUIS E. WIENCZKOWSKI, to be his Last Will and Testament, who, in our presence, at his request, in his presence and in the presence of each other· we believing him to be of sound and disposing mind, memory and understanding· have hereunto subscribed our names as CI,.ECKNER & FEAREN ATTORNEYS AT LAW HARRISBURG, PENNSYLVANIA COMMONWEALTH 0F PENNSYLVANIA COUNTY OF DAUPHIN SS: witnesses, this CLECKNER n, FEAREN ATTORN~.'YS AT LAW }tARRISBURG, PENNSYLVANIA We, LOUIS E. WIENCZKOWSKI, Testator, and ~,Lj) ~CLt/~A -~/~6~/ , witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his Last Will and Testament and that he had signed willingly, and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as witnesses and that to the best of their knowledge, the Testator was at that time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. E .~~[ 0W S~ I~ ~-, Testator Subscribed, sworn to and acknowledged before me by LOUIS WIENCZKOWSKI, the Testator, and subscribed and sworn to before me by 'i~\'~C~h/~/~b 6-'~ ~gg~g#£~P- and ~L)~t~Y~/~/~9 ~ / ? f-~ day of .d(~//.~~ , 1986. / -- N~ary My Commission Expires March 26, 1990 Harrisburg, PA Daaphin Coo~.ty BEFORE THE REGISTER OF WILLS ' CUMBERLAND COUNTY, PENNSYLVANIA IN RE: ESTATE OF LOUIS E. WIENCZKOWSKI : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : ORPHANS' COURT DIVISION : ESTATE NO. 2004-00478 ." : SOCIAL SECURITY #186-22-9995 Name of Decedent: CERTIFICATION OF NOTICE UNDER RULE 5.6(a) Louis E. Wienczkowski Date of Death: Will No.: To the Register: May 5, 2004 Adm. No.:2004-00478 I certify that notice of estate administration required by Rule 5.6(a) of the Orphans' Court Rules was served on or mailed to the following beneficiaries of the above-captioned estate on June 18, 2004. Joan W. Wienczkowski 2100 Cedar Run Drive Apartment 205 Camp Hill, PA 17011 BOSWELL, TINTNER, PICCOLA & ALFO~ By: ffrdy4~! Boswell, Esquire Supreme Court I.D. #25444 315 North Front Street P. O. Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Capacity: Personal Representative Counsel for personal representative Dated: June 18, 2004 IMPORTANT NOTICE, NOTICE OF ESTATE ADMINISTRATION THIS NOTICE DOES NOT MEAN THAT YOU WILL RECEIVE ANY MONEY OR PROPERTY FROM THIS ESTATE OR OTHERWISE. Whether you will receive any money or property will be determined wholly or partly by the decedent's will. If the decedent died without a will, whether you will receive any money or property will be determined by the intestacy laws of Pennsylvania. BEFORE THE REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF LOUIS E. WIENCZKOWSKI : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : ORPHANS' COURT DIVISION : ESTATE NO. 2004-00478 : SOCIAL SECURITY #186-22-9995 NOTICE OF BENEFICIAL INTEREST IN ESTATE PURSUANT TO RULE 5.6 TO: Joan W. Wienczkowski 2100 Cedar Run Drive Apartment 205 Camp Hill, PA 17011 Please take notice of the death of decedent representative(s) named below. and the C grant of letters tq'~3he personal The Decedent, Louis L. Wienczkowski, died on the 5th day of May, 2004, at Cumberland County, Pennsylvania : The Decedent died testate. The personal representative of the Decedent is Joan W. Wienczkowski, of 2100 Cedar Run Drive, Apartment, 205, Camp H411, PA 17011, telephone no. (717) 731-0657. The will has been filed with the Office of the Register of Wills of Cumberland County, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013-3387. A copy of the Will or Petition may be obtained by contacting the Register of Wills and paying the charges for duplication. BOSWELL, TINTNER, PICCOLA & ALFORD By: Jeff-M2~R. Boswell, Esquire Supreme Court I.D. #25444 315 North Front Street P. O. Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Capacity: Personal Representative X Counsel for personal representative Dated: June 18, 2004 REV-1500 COMMO.W~T. OFPE.NSY.V*.,A INHERITANCE TAX RETURN DEPARTMENT OF REVENUE DEPT.~O~O, J RESIDENT DECEDENT HARRISBURG, PA 17128-0601 I DECEDENT'S NAME (LA~'I'i FIRST, AND MiDDI-'E iNITIAL~ I Wienczkowski, Louis E. ~T~ ~M~-DD-YEAR) - -I ~'~EAR) 105/05/2004 / 05/04/1932 /ilF APPLK;ABLE) SURVIVING SPOUSE;S NAME i LAST, FIRST AND ~i[:)Dl-~ INITIAl-) SOCIAL SECURITY NUMBER 186-22-9995 THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS ~ociAL SECURITY NUMBER < [] 1. OriginalReturn [] 2. SupplementalRetum [] 3. Remainder Retum (date of death prior to12-13-82) [] 4. Limited Estate [] 4a. Future Interest Compromise (date of death [] 5. Federal Estate Tax Return Required after 12-12-82) [] 6. Decedent Died Testate (Attach copy [] 7. Decedent Maintained a Living Trust (Attach 8. Total Number of Safe Deposit Boxes of Will) copy of Trust) [] 9. Litigation Proceeds Received [] 10. SpousalPovertyCredit(dateofdeathbetween [] 11.Election to tax under Sec. 9113(A) (Attach Sch O) 12-31-91 and 1-1-95) _ THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: ~AME COMPLETE MAILING ADDRESS Jeffrey R. Boswell --IRM NAME (If applicable) Boswell, Tintner, Piccola & Alford 315 N. Front Street, P. O. Box 74 l Harrisburg, PA 17108-0741 ?ELEPHONE NUMBER 717/236-9377 1. Real Estate (Schedule A) (1) 2. Stocks and Bonds (Schedule B) (2) 3. Closely Held Corporation, Partnership or Sole-Proprietorship (3) 4. Mortgages & Notes Receivable (Schedule D) (4) 5. Cash, Bank Deposits & Miscellaneous Personal Property (5) (Schedule E) 6. Jointly Owned Property (Schedule F) (6) [] Separate Billing Requested 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (7) (Schedule G or L) 8. Total Gross Assets (total Lines 1-7) 9. Funeral Expenses & Administrative Costs (Schedule H) (9) 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) (10) 11. Total Deductions (total Lines 9 & 10) -0- None None 11,549.74 None None 7,879.19 19,794.96 (8) 11,549.74 (11) 27,674.15 insolvent 12. Net Value of Estate (Line 8 minus Line 11 ) (12) 13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been made (Schedule J) 14. Net Value Subject to Tax (Line 12 minus Line 13) (13) (14) SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES 15.Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116(a)(1.2) 16.Amount of Line 14 taxable at lineal rate x .00 (15) x .045 (16) 17.Amount of Line 14 taxable at sibling rate x .12 (17) 18. Amount of Line 14 taxable at collateral rate x .15 (18) 19. Tax Due 20. [] (19) >> BE SURE TO ANSWER ALL QUESTIONS ON REVERSE SIDE AND RECHECK MATH << Copyright 2000 form software only The Lackner Group, Inc. Form REV-1500 EX (Rev. 6-00) Decedent's Complete Address: STREET ADDRESS 433 Brook Circle CITY M¢chanicsburg STATE PA ZIP 17050 Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) 2. Credits/Payments A. Spousal Poverty Credit B. Prior Payments C. Discount Interest/Penalty if applicable D. Interest E. Penalty (1) Total Credits (A + B + C) (2) 0.00 Total Interest/Penalty (D + E) (3) 0.00 If Line 2 is greater than Line I + Line 3, enter the difference. This is the OVERPAYMENT. (4) . Check box on Page 1 Line 20 to request a refund If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) 0.00 A. Enter the interest on the tax due. (5A) B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (5B) 0 o 0 0 Make Check Payable to: REGISTER OF WILLS, AGENT PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: Yes No a. retain the use or income of the property transferred; ................................................................................ [] [] b. retain the right to designate who shall use the property transferred or its income; ..................................[] [] c. retain a reversionary interest; or ............................................................................................................... [] [] d. receive the promise for life of either payments, benefits or care? ............................................................ [] [] 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? .................................................................................................................... [] [] 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? ........ [] [] 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? .................................................................................................................. [] [] IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct and complete. Declaration of preparer other than the personal representative is based on all information of which preparer has any knowledge. SIGNATURE OF PERSON RESPONSIBL"E FOR FILING RETURN Joan W. Wienczkowski ~-.~x~G-NATURE b~F bERSON RE;S3~'01'~SI~E FOR FILING'R'E~TURN ADDRESS 2100 Cedar Run Drive Apartment 205 Camp Hill, PA 17011 DATE ADDRESS DATE SIGIqATURE OF PR.~J~(~HAN REPRESENTATIVE Jefl'rey R. Bos IWW/- ' ADDRESS 315 N. Front Street, P. O. Box 741 Harrisburg, PA 17108-0741 DATE o '/. lov For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 3% [72 P.S. {}9116 (a) (1.1) (i)]. For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0% [72 P.S. §9116 (a) (1.1) (ii)]. The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary. For dates of death on or after July 1, 2000: The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent, an adoptive parent, or a stepparent of the child is 0% [72 P.S. {}9116 (a) (1.2)]. ThE; tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5%, except as noted in 72 P.S. {}9116 1.2) [72 P.S. {}9116 (a)(1 )]. ThE; tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12% [72 P.S. §9116 (a) (1.3)]. A sibling is defined, under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Wienczkowski, Louis E. SCHEDULE A REAL ESTATE FILE NUMBER 21 - 2004 - 00478 A I real property ow.ned solely or a,s a tenant, in common m, ust be re. port,e,d at fair market v, alue. Fair market v.alue is defined as the price at which property would be excnanged between a willing ouyer an~] a wi,ing seller, neither oeing compelled to ouy or sell, both having reasonable knowledge of the relevant facts. Real property which is jointly-owned with right of survivorship must be disclosed on schedule F. ITEM NUMBER NONE DESCRIPTION VALUE AT DATE OF DEATH 0.00 TOTAL (Also enter on Line 1, Recapitulation) 0.00 .~ SCHEDULE B STOCKS & BONDS COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN REStDENT DECEDENT ESTATE OF Wienczkowski, Louis E. FILE NUMBER 21 - 2004 - 00478 All property jointly-owned with right of survivorship must be disclosed on Schedule F. VALUE AT DATE ITEM DESCRIPTION UNIT VALUE NUMBER OF DEATH 1 NONE TOTAL (Also enter on line 2, Recapitulation)  SCHEDULE E CASH, BANK DEPOSITS, & MISC. coMMo.w~T. OF.E..S~VA.,A PERSONAL PROPERTY INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Wienczkowski, Louis E. FILE NUMBER 21 - 2004 - 00478 Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointly-owned with the right of survivorship must be disclosed on schedule F. ITEM DESCRIPTION VALUE AT DATE NUMBER OF DEATH I Waypoint Checking Account No. 100088426 1,607.05 Delbrook Manor Apartments (security deposit refund) 2001 Toyota Camry 2003 PA Dept. of Revenue (tax refund) 2003 Internal Revenue (tax refund) SoW K-22.22LR 6" handgun Sig Sauer P230.380ACP 3 1/2" handgun "ByP" P-38 9mm Para 5" handgun United States Navy retirement payment 37.90 8,037.00 97.00 783.00 175.00 200.00 300.00 312.79 TOTAL (Also enter on Line 5, Recapitulation) 11,549.74 COMMONWEALTH OF PENNSYLVANIA iNHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Wienczkowski, Louis E. SCI-IEDULE H FUNERAL~& ADMI~-'IRATIVE COSTS FILE NUMBER 21 - 2004 - 00478 Debts of decedent must be reported on Schedule I. ITEM NUMBER A. ! DESCRIPTION FUNERAL EXPENSES: Myers-Hamer Funeral Home, Inc. ADMINISTRATIVE COSTS: Personal Representative's Commissions Joan W. Wienczkowski Social Security Number(s) / EIN Number of Personal Representative(s): Street Address 2100 Cedar Run Drive, Apartment 205 City Camp Hill State PA Zip 17011 Year(s) Commission paid 2004 Attorney's Fees Jeffrey R. Boswell, Esquire Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Street Address City State __ Relationship of Claimant to Decedent Probate Fees Cumberland County Register of Wills Zip Accountant's Fees Tax Return Preparer's Fees Other Administrative Costs Cumberland County Law Joumal (advertising) The Sentinel (advertising) Total of Continuation Schedule(s) TOTAL (Also enter on line 9, Recapitulation) AMOUNT 5,466.00 400.00 1,500.00 78.00 60.00 191.03 184.16 7,879.19 COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Wienczkowski, Louis E. 3 SOledu~H Boswell, Tintner, Piccola & Alford (disbursements) Boswell, Tintner, Piccola & Alford (closing costs) FILE NUMBER 21 2004- 00478 84.16 100.00 Page 2 of Schedule H ESTATE OF COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT Wienczkowski, Louis E. SCHEDULE I DEBTS OF DECEDENT, MORTGAGE LIABILITIES, & LIENS FILE NUMBER 2] - 2004 - 00478 Include unreimbursed medical expenses. ITEM NUMBER DESCRIPTION AMOUNT Texaco (credit card) 591.41 1 2 3 4 5 6 7 8 9 10 11 12 Cumberland County Office of Aging & Community Ser vices (homemaker services for March, 2004) Cumberland Valley School District (2003 personal taxes) Capital One Mastemard (credit card) Capital One Visa (credit card) Comcast Verizon PP&L 2001 Toyota Camry Joan Wienczkowski (2003 IRS refund portion) United States Navy Retirement repayment Gettysburg Fire Department (ambulance service) TOTAL (Also enter on Line 10, Recapitulation) 72.21 11.00 2,156.55 7,958.24 5.10 10.51 100.15 8,037.00 157.00 312.79 383.00 19,794.96 LAST WILL AND TESTAMENT OF LOUIS E. WIENCZKOWSKI I, LOUIS E. WIENCZKOWSKI, of 209 South 31st Street, City of Harrisburg, Dauphin County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking and making void, any and all Wills or Codicils made by me at any time heretofore. ITEM l: I hereby direct my hereinafter named Executrix or Executor to pay all of my Just debts, funeral expenses, estate and inheritance taxes as soon after my death as may be found conven- ient. ITEM 2: All the rest, residue and remainder of my estate, whether real, personal or mixed, of whatsoever nature, wheresoever situate and from whatsoever source derived, I give, devise and bequeath unto my wife, JOAN W. WIENCZKOWSKI, if she survives me by sixty (60) days. ITEM 3: If my wife does not survive me by sixty (60) days, then I give, devise and bequeath all of my estate wh~ther,~real or personal, of whatsoever kind, wheresoever situate and from_._whatso- ever source derived as follows: ;.1,; (a) One-third (1/3) to my wife's son, RICHARD A.-:BREACH. CI. ECKNER ~ FEARI;N - ;' ATTORNEYS AT LAW HARRISBURG, P ElqiNSYLVA b[IA In the event that he does not survive me and has no issue surviving at the time of my death, his share shall become part of and distributed in accordance with the provisions of subparagraph (b) of this ITEM 3. In the event that he has issue surviving at the time of my death, I give, devise and bequeath his share to his issue per stirpes. (b) Two-thirds (2/3) in equal shares to my children, GEANNE L. COULSON, BRENDA WIENCZKOWSKI, LINDA MINTHORN, ROBIN WIENCZKOWSKI, MARY DEE WIENCZKOWSKI and AMY WIENCZKOWSKI. In the event that any of my children do not survive me, and have no issue surviving at the time of my death, that deceased child's share shall be divided equally among my other surviving children. In the event that said deceased child has issue surviving at the time of my death, that deceased child's share I give, devise and bequeath to that deceased child's issue per stirpes. ITEM 4: I hereby nominate, constitute and appoint my wife, JOAN W. WIENCZKOWSKI, as Executrix of this, my Last Will and Testament. In the event that my wife does not survive me or is otherwise unable to serve, I nominate, constitute and appoint the oldest child of either myself or my wife as Executor or Executrix of this my Last Will and Testament. IN WITNESS WHEREOF, I have hereunto set my hand and seal. this · / · 1986. E. WIENC~OWSKI (SEAL) Signed, published and declared by the said Testator· LOUIS E. WIENCZKOWSKI, to be his Last Will and Testament, who, in our presence, at his request, in his presence and in the presence of each other· we believing him to be of sound and disposing mind· memory and understanding· have hereunto subscribed our names as CL.£CK/~IE:R t~ F£ARZN COMMONWEALTH 0P PENNSYLVANIA · COUNTY OF DAUPHIN SS: and We, LOUIS E. WIENCZKOWSKI, Testator, J~tc'~-/2,) C~0' C~C! ~, ~O~Ca,~-~l ~-/~/~/~ , witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his Last Will and Testament and that he had signed willingly, and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as witnesses and that to the best of their knowledge, the Testator was at that time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. :LOUIS E.~~0WSK~-,, Testator CI. EGKN£R 81 FEAREN ATTORNEYS AT ~W HARRISBURG, PENNSYLVANIA Subscribed, sworn to and acknowledged before me by LOUIS E. WIENCZKOWSKI, the Testator, and subscribed and sworn to before me by ~~/~b ~J. ~--__.CE~//_W£,~i-and ~!~/~ ~~&~t/ witnesses, this ~/~ day of ~~ , 1986. CHERYL L WELSH, NOTARY PUBLIC My Commission ~pires March 26, 1990 H~isburg, PA Dauphin Coun~ LOOK FOR US. WE'LL GET YOU THERE. 6/28/2004 BOSWELL TINTNER PICCOLA & ALFORD 315 N FRONT ST PO BOX 741 HARRISBURG PA 17108-0741 The information which you requested on the account(s) of LOUIS E WIENCZKOWSKI (Social Security Number 186-22-9995) is/are as follows: Account Number 100088426 Class of Account CHECKING Date Opened 050401 Principal Balance 1607.03 Accrued Interest .02 Balance at Date of 1607.05 Death Account Ownership SOLE Name of Joint' Owner, if any Date Ownership 050401 Was Established Account Number Class of Account Date Opened Principal Balance Accrued Interest Balance at Date of Death Account Ownership Name of Joint Owner, if any Date Ownership Was Established Additional Information Requested SENIOR SERVICES REP. P.O. Box 1711. HARRISBURG, PENNSYLVANIA 17105-1711 Toll Free 1-866-WAYPOINT (I-866-929-7646) · IN YORK AR~_A 717/815-4500 · w~vw. wagpointbank.com BILL OF SALE KNOW ALL PERSONS BY THESE PRESENTS, that Joan W. Wienczkowski, Executrix and Personal Representative of the Estate of Louis E. Wienczkowski, Deceased (hereinafter the "Seller"), for and in consideration of $8,037.00, more or less, paid by Robert Visioli an&'or Brenda Visioli (hereinafter the "Buyer"), the receipt and sufficiency of which the Seller hereby acknowledges, does hereby bargain, sell, transfer, assign and deliver the title to the 2001 Toyota Camry, VIN: 4T1BG22K91 U795893, subject to GMAC, Loan Account No. 020 9003 73905. Buyer agrees to make full payment for payoff amount of said GMAC loan, $8,037.00, more or less, directly to GMAC, and Buyer agrees to pay all financing expenses, fees, charges, and taxes in connection with the transfer and sale of the motor vehicle and title to said motor vehicle. Buyer also agrees to insure said motor vehicle by June 20, 2004. The said motor vehicle is delivered and sold "AS IS - WHERE IS," and the Seller makes no warranty with respect to the motor vehicle, except that the Seller represents the title to the said motor vehicle is subject to only one encumbrance, the GMAC loan, and that the Seller has the right to sell this motor vehicle to the Buyer. EXCEPT AS SET FORTH HEREIN, THE SELLER MAKES NO REPRESENTATIONS AND NO WARRANTIES, EXPRESS OR IMPLIED, TO THE BUYER, AND SPECIFICALLY EXCLUDED FROM THIS BILL OF SALE ARE THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. The Seller covenants and agrees with the Buyer, its successors, heirs, and assigns, to defend the title to the motor vehicle subject to the GMAC loan against the lawful claims of all other persons. IN WITNESS WHEREOF, the undersigned has caused this Bill of Sale to be executed this /'.~"'~- day of June, 2004. " Joan W. Wienczkowsl~i, Executrix and Personal Representative of the Estate of Louis E. Wienczkowski, Deceased Acknowledged and Agreed, with the intent to be bound legally this June, 2004. By: ~//t~...ff,~ .l~,~.~ Robert Visioli/' day of COMMONWEALTH OF PENNSYLVANIA · COUNTY OF DAUPHIN · SS. BE IT REMEMBERED, that on the /~4-day of June, 2004, before me the subscriber, personally appeared Joan W. Wienczkowski, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Bill of Sale and acknowledged that she executed the same for the purposes therein contained. WITNESS my hand and seal the day and year aforesaid. Nota~ Public COMMONWEALTH OF PENNSYLVANIA · · SS. COUNTY OF DAUPHIN ' BE IT REMEMBERED, that on the/~' day of June, 2004, before me, the undersigned officer, personally appeared Robert Visioli, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Bill of Sale and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. 709 Cloverleaf Ro~d, Elizabethtown, PA 17022 ,~0,~.~o...~ Phone: (717) 367-5585 · Fax: (717) 367-9493 Web site: www.tropgunshop.com '~.t,L. Ta E-mail: tropgunshop @ desupernet.net Hours: Mon.- Fri. 9-9 Sat. 9-5 {JUn ShOp Address County Customer Phone Oate ~--'r//~.~ ~1 Cash ~1 Check ~1 Charge ~ Layaway [:::1 Gift Certificate RECEIVED BY Register of Wills of Cumberland County, Pennsylvania Estate of Wienczkowski, Louis E. also known as INVENTORY No. 21 - 2004- 00478 Date of Death 5/5/2004 , Deceased Social Security No. 186-22-9995 Joan W. Wienczkowski The Personal Representative(s) of the above Estate, deceased, verify that the items appearing in the following Inventory include all of the personal assets wherever situate and all of the real estate located in the Commonwealth of Pennsylvania of said Decedent, that the valuation placed opposite each item of said Inventory represents its fair value as of the date of the Decedent's death, and that the Decedent owned no real estate outside of the Commonwealth of Pennsylvania except that which appears in a memorandum at the end of this Inventory. I/We verify that the statements made in this Inventory are true and correct. I/We understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Attorney: Jeffrey R. Boswell I.D. No.: 25444 ~ Personal Representative t.~foa~ W~ Wfenczkowski ~ ~ Signature: Signature: Address: 315 N. Front Street, P. O. Box 741 Harrisburg, PA 17108-0741 Address: 2100 Cedar Run Drive Apartment 205 Camp Hill, PA 17011 Telephone: 717/236-9377 Telephone: 717/731-0657 Personal Property NONE Waypoint Checking Account No. 100088426 Delbrook Manor Apartments (security deposit refund) 2001 Toyota Camry 2003 PA Dept. of Revenue (tax refund) 2003 Internal Revenue (tax refund) SoW K-22.22LR 6" handgun Sig Sauer P230.380ACP 3 1/2" handgun "ByP" P-38 9mm Para 5" handgun United States Navy retirement payment '1,607.05 37.90 ~ 8,037.00 97.00 783.00 175.00 200.00 300.00 312.79 (Attach additional sheets if necessary) Total Personal Property and Real Estate $11,549.74 Register of Wills of Cumberland County, Pennsylvania Estate of Wienczkowski, Louis E. also known as INVENTORY continued , Deceased No. 21-2004-00478 Date of Death 5/5/2004 Social Security No. 186-22-9995 Total Personal Property $11,549.74 2 Register of Wills of Cumberland County, Pennsylvania Estate of Wicnczkowski, Louis E. also known as INVENTORY continued , Deceased No. 21-2004-00478 Date of Death 5/5/2004 Social Security No. i86-22-9995 Real Estate NONE Total Real Estate 0.00 $0.00 3 BUREAU OF ZNDTVZDUAL TAXES INHERITANCE TAX DIVISION PO BOX Z8060! HARRTS]SURG, PA 17118-06D! JEFFREY R BOSWELL BOSWELL ETAL PO BOX 741 HBG CONNONWEALTH OF PENNSYLVANIA DEPARTNENT OF REVENUE PA 17108 NOTICE OF INHERITANCE TAX APPRAZSEHENT, ALLONANCE OR DZSALLONANCE OF DEDUCTIONS AND ASSESSHENT OF TAX RE¥-15¢7 EX AFP (09-04) DATE 11-22-2004 ESTATE OF WIENCZKOWSKI LOUIS E DATE OF DEATH 05-05-Z004 FILE NUNDER 21 04-0478 COUNTY CUNBERLAND ACN 10~. :~- HAKE CHECK PAYABLE AND REHZT PAYNENT TO: REGISTER OF WILLS ~ CUNBERLAND CO COURT~.~OUSE CARLISLE, PA 17015 ..... CUT ALONG THIS LZNE ~-- RETAIN LOWER PORTXON FOR YOUR RECORDS ~ REV-X547 EX AFP (01-03) NOTICE OF XNHERXTANCE TAX APPRAXSENENT; ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSHENT OF TAX ESTATE OF WIENCZKOWSKI LOUIS E FILE NO. Z1 04-0478 ACN 101 DATE 1X-II-Z004 TAX RETURN NAS: (X) ACCEPTED AS FILED ( ) CHANGED RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Real Estate (Schadula A) (1) 2. Stocks and Bonds (Schedule B) (2) 5. Closely Held Stock/Partnersh/p Interest (Schadula C) ($) q. Nortgagas/Notas Raca/vabla (Schedule D) (~) 5. Cash/Bank Dapos/ts/N/sc. Personal Property (Schedule E) (5) 6. Jo/ntly Ownad Property (Schedule F) (6) 7. Transfers (Schadule G) (7) 8. Total Assets APPROVED DEDUCTIONS AND EXENPTIONS: 9. Funeral Expansas/Adm. Costs/H/sc. Expanses (Schadula H) (9) 10. Debts/Nortgaga L/ab/1/t/as/L/ans (Schedule Z) (10) 11. Total Deduct/ohs 12. Nat Value of Tax Return 111549.74 .00 .00 NOTE: To /nsure proper .00 cred/t to your account, .00 subm/t the upper port/on .00 of th/s form w/th your tax payment. .00 (8) 7,879.19 15. 1~. NOTE: 11,549.74 ZF PAID AFTER DATE ZNDZCATED, SEE REVERSE FOR CALCULATION OF ADDZT/ONAL INTEREST. (15) .00 x O0 = .00 (16) .00 x 045 = .00 (17) . O0 x 12 = . O0 (18) .00 x 15 = .00 (19)= . O0 ANOUNT PAZD TOTAL TAX CREDIT J .00 DALANCE OF TAX DUEl .00 INTEREST AND PEN. .00 TOTAL DUE .00 ( ZF TOTAL DUE ZS LESS THAN $1, HO PAYNENT ZS REQUZRED. ZF TOTAL DUE ZS REFLECTED AS A "CREDIT" (CR), YOU HAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORH FOR INSTRUCTIONS.) ASSESSNENT OF TAX: 1E. Amount of L/ne 1~ at Spousal rata 16. Amount of L/ne 1~ taxable at Lineal/Class A rata 17. Amount of L/ne lq at S/bl/ng rate 18. Amount of L/ne 1~ taxable at Collateral/Class B rata 19. Pr/nc/pal Tax Due TAX CREDZTS: PAYHEN1 RECE/PT ' DISCOUNT DATE NUNBER TNTEREST/PEN pAID (-) (15) . O0 (1~) 16,124.41- 16, 17, 18 and 19 will Char/table/Governmental Bequests; Non-elected 9115 Trusts (Schadula J) Net Valua of Estate SubSact to Tax Zf an assessBent ~as lssued previously, lines 1~, 15 and/or reflect flgures that include the total of ALL returns assessed to date. 19~794.96 (11) 27.67~. 15 (12) 16,12~.41- RESERVAT/ON: Estates of decedents dying on or bmfore December 1Z, 1982 -- if any future interest in the estate is transferred in possession or enjoyment to Class B (collateral) beneficiaries of tho decedent after the expiration of any estate for life or for years, the Comeonaealth hereby expressly reserves the right to appraise and assess transfer Inheritance Taxes at the lawful Class B (collateral) rate an any such future interest. PURPOSE DF NOTICE: PAYNENT: REFUND (CR): OBJECTIONS: ADNIN- ISTRATIVE CORRECTIONS: DISCOUNT: PENALTY: INTEREST: To fulfill the requirements of Section ZlqO of the Inheritance and Estate Tax Act, Act Z3 of ZOO0. (TZ P.S. Section 91q0). Detach the top portion of this Notice and submit aith your payment to the Register of Hills printed on the reverse side. --Hake check or money order payable to: REGISTER OF NILES, AGENT A refund of a tax credit, which ems not requested on the Tax Return, may be requested by completing an · 'Application for Refund of Pennsylvania Inheritance and Estate Tax" (REV-1315). Applications ara available online at wow.revenue.state.om.us, any Register of Hills or Revenue District Office, or from the Department's Zq-hour answering service for fores orders: 1-800-36Z-Z050; services for taxpayers aith special hearing and/or speaking needs: 1-B00-4~7-3020 (TT only). Any party in interest not satisfied with tho appraismant, 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 fallowing: A) Protest to the PA Department of Revenue, Board of Appeals. You say object by filing a protest online at www.boardofappaals.stata.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 ZBIOZ1, Harrisburg, PA 171ZB-lOZ1. Petitions say not ba foxed. B) Election to have the matter determined at the audit of the account of the personal representative. C) Appeal to the Orphans' Court. Factual errors discovered on this assessment should bm addressed in writing to: PA Department of Revenue, Bureau of Individual Taxes, ATTN: Post Assessment Review Unit, P.O. Box ZB0601, Harrisburg, PA 171Z8-0601 Phone (717) 787-6S05. Sea page S of the booklet "Instructions for Inheritance Tax Return far a Resident Decedent" (REV-15013 for an explanation of administratively correctable errors. If any tax due is paid within three (3) calendar months after the dacedant's death, a five percent (SI) discount of the tax paid is allowed. The 15Z 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 tho same manner and in the the same time period as you would appeal the tax and interest that has been assessed as indicated on this notice. Interest is charged beginning with first day of delinquency, or nine (g) 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 (6Z) percent par annum calculated at a daily rate of .OOO16fi. All taxes which became delinquent on and after January 1, 19aZ will bear interest at a rate which will vary free calendar year to calendar year with that rate announced by the PA Depar~ent of Revenue. The applicable interest rates for 198Z through ZOOq are: Interest Dally Interest Dally Interest Daily Year Rate Factor Year Rate Factor Year Rate Factor ~ 2OX .0005q8 ~)'~'8-1991 llZ .000301 ~ 9X .O00Zq? 1983 16Z .OOOq58 1992 9Z .0002q7 2002 62 .000164 198q 11Z .000301 1993-199~ 72 .000192 2003 5Z .000137 1985 13Z .000556 1995-1998 9Z .000267 200~ ~Z .000110 1986 I0Z .00027q 1999 7Z .OOO19Z 1987 iOZ .00027q ZOO0 7Z .00019Z --Interest is calculated as follows: INTEREST = BALANCE OF TAX UNPAID X NUNBER OF DAYS DELTNI~UENT 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 Notlce, additional interest must be calculated. Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 3/29/2006 BOSWELL JEFFREY R 315 N FRONT ST PO BOX 741 HARRISBURG, PA 17108-0741 RE: Estate of WIENCZKOWSKI LOUIS L File Number: 2004-00478 Dear Sir/Madam: This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. I, for decedents dying on or after July I, 1992, the personal representative or his counsell within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 5/05/2006 Please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard this notice. Sincerely, ~~~ Glenda Farner Strasbaugh Clerk of the Orphans' Court cc: File Personal Representative(s) Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 3/29/2006 WIENCZKOWSKI JOAN W 2100 CEDAR RUN DRIVE CAMP HILL, PA 17011 RE: Estate of WIENCZKOWSKI LOUIS L File Number: 2004-00478 Dear Sir/Madam: This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. I, for decedents dying on or after July I, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 5/05/2006 Please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard this notice. Sincerely, ~~#MduJ Glenda Farner Strasbaugh Clerk of the Orphans' Court cc: File Counsel In Re Estate of WIENCZKOWSKI LOUIS ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO, 2004-00478 NOTICE OF FAILURE TO FILE STATUS REPORT Personal Representative: WIENCZKOWSKI JOAN W Counsel for Personal Representative: BOSWELL JEFFREY R Date of Decedent's Death: 5/5/2004 The Orphans' Court record indicates that neither the above named personal representative nor the above named counsel for the personal representative have filed with the Register of Wills or Clerk of the Orphans' Court his, her or its Status Report required by Rule 6,12, Supreme Comi Orphans' Court Rule and that the requisite notice, pursuant to Rule 6.12, Supreme Court Orphans' Court Rules, is hereby given by that the you have ten (10) day to file the Status Report. If the required 6.12 form is not filed in accordance with Rule 6.12 the Court will be notified of such delinquency and the undersigned will requests that a Court conduct a hearing to determine whether sanctions should be imposed upon the delinquent personal representative or counsel for the delinquent personal representative. Date: 5/31/2006 ~v~~~ Glenda Farner Strasbaugh Clerk of the Orphans' Court Distlibution: Personal Representative Counsel for Personal Representative Estate File In Re Estate of WIENCZKOWSKI LOUIS ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2004-00478 NOTICE OF FAILURE TO FILE STATUS REPORT Personal Representative: WIENCZKOWSKI JOAN W Counsel for Personal Representative: BOSWELL JEFFREY R Date of Decedent's Death: 5/5/2004 The Orphans' Court record indicates that neither the above named personal representative nor the above named counsel for the personal representative have filed with the Register of Wills or Clerk of the Orphans' Court his, her or its Status Report required by Rule 6.12, Supreme Court Orphans' Court Rule and that the requisite notice, pursuant to Rule 6.12, Supreme Court Orphans' Court Rules, is hereby given by that the you have ten (10) day to file the Status Report. If the required 6.12 form is not filed in accordance with Rule 6.12 the Court will be notified of such delinquency and the undersigned will requests that a Court conduct a hearing to determine whether sanctions should be imposed upon the delinquent personal representative or counsel for the delinquent personal representative. Date: 5/31/2006 ;/~ ~~ LJJ.-~ ,.. I J/i J /, ~-LJ ~~ . . .r>>. '" /'...1bA.'!..tf.L . I - I I Glenda Farner Strasbaugh Clerk of the Orphans' Court Distribution: Personal Representative Counsel for Personal Representative Estate File o , Q J--()14 - 47 t( M:IHOMEIJRBIEST A TEIWIENCZKOWSKI FSA.WPD DRAFT 4 June 7. 2006 .~---~ -} ESTATE SETTLEMENT AGREEMENT . ..fA- THIS AGREEMENT is made the /0 day of June i -) , 2006, between JOAN W. WIENCZKOWSKI, Executrix of the Estate of Louis L. Wienczkowski (herein referred-to as Executrix), and JOAN W. WIENCZKOWSKI, of21 00 Cedar Run Drive, Apartmetlt205, Camp Hill, PAl 7011, decedent's spouse, residuary legatee, and beneficiary ofthe estate (herein referred to as Beneficiary). In accordance with their desire that the administration of the Estate of Louis L. Wienczkowski be completed, and in consideration ofthe mutual covenants expressed, the stated Executrix and Beneficiary, intending to be legally bound agree, as follows: 1. Louis L. Wienczkowski died on May 5, 2004. 2. Letters Testamentary were granted unto Joan W. Wienczkowski, as personal representative or Executrix by the Register of Wills of Cumberland County on May 20, 2004. Jeffrey R. Boswell, Esquire has served as legal counsel. 3. In June, 2004, counsel prepared and arranged for the publication ofthe required legal advertisements, which proofs of publication are attached as Exhibit "A" and "B.oo 4. The Executrix established an estate checking account at Waypoint Bank (Acct. No. 100826775) and paid therefrom the expenses of administration and debts as listed on the Inheritance Tax Return. 5. The beneficiary acknowledges receipt of the Rule 5.6 Notice regarding notice of her beneficial interest in the estate. Counsel prepared a Certification of Notice Under Rule 5.6 (a) and filed same with the Register of Wills of Cumberland County on or about June 18,2004. 6. The Executrix gathered all assets and determined that the assets, exclusive of jointly owned property, were insufficient to pay the decedent's expenses of administration and debts. -1- 7. On June 22, 2004, counsel made a deposit of$I,330.98 to the estate checking account. This deposit was comprised of the closing balance of decedent's Waypoint Account No. 100088426, of$I,293.08, and a security deposit refund of$37.90. 8. After review by the Executrix, Counsel filed the Inventory (gross assets, $11,549.74) and the Pennsylvania Inheritance Tax Return on October 1, 2004, with no inheritance tax due, as the estate is insolvent. 9. As the estate was insolvent, the Executrix paid the debts in order of priority set by statute. The Executrix made no payment to general creditors. 10. The parties acknowledge and agree that counsel received the Notice ofInheritance Tax Appraisement from the Pennsylvania Department of Revenue on November 29,2004, noting that the Pennsylvania Inheritance Tax Return (Revenue - 1500) was accepted as filed. 11. Joan W. Wienczkowski paid Myers-Hamer Funeral Home, Inc. $5,360, and $106, from her personal account, a total of $5,466, as declared on Schedule H of the Pennsylvania Inheritance Tax Return. Because there were insufficient assets in the estate to pay this funeral expense, Mrs. Wienczkowski paid the bill using the proceeds of a small life insurance policy (of which Joan W. Wieczkowski was the beneficiary) and her personal funds. 12. Pursuant to ITEM 2 of the Last Will and Testament of Louis L. Wienczkowski, the remainder ofthe estate is to be given to decedent's spouse, namely JOAN W. WIENCZKOWSKI, as residuary legatee. 13. The parties acknowledge and agree that the household personal property was liquidated or given to family members greater than one year before decedent's death. Thus, the decedent had no household property which would otherwise be an estate asset subject to inheritance tax. Decedent was a resident of a nursing home receiving skilled care approximately two years before her death. 14. Joan W. Wienczkowski purchased three (3) hand guns for the total value, as listed on Schedule E ofthe Pennsylvania Inheritance Tax Return. Robert and Brenda Visioli purchased the -2- 2001 Toyota Camry for $8,037, the value as listed on Schedule E of the Pennsylvania Inheritance Tax Return. The Executrix paid $8,037, the amount as listed on Schedule I ofthe Pennsylvania Inheritance Tax Return, to release the encumbance on the car's title. 15. The parties acknowledge and agree that distributions to the beneficiary, as set forth in the Schedule of Distribution, which is attached and made a part of this Estate Settlement Agreement, are accounted for in the Pennsylvania Inheritance Tax Return. 16. Counsel, by written request to Waypoint Bank, on November 15,2004, closed the estate checking account. 17. The Parties acknowledge and agree that no distributions were made, as the estate was insolvent. 18. Joan W. Wienczkowski, the surviving spouse, filed ajoint tax return for 2003. Tax refunds were allocated between the estate and the surviving spouse, according to their respective contribution to income. 19. No fiduciary income tax returns were filed for tax years ending December 31, 2004, and December 31, 2005, as there was insufficient income to require the filing of same. 20. The parties acknowledge and agree that all taxes and administrative expenses were paid and that necessary administrative details were properly completed. 21. The parties agree that Jeffrey R. Boswell, Esquire, as counsel, will file this Estate Settlement Agreement with the Register of Wills to be made part of the official record and that counsel has explained in a letter dated June 7, 2006, addressed to the parties the effect of the "at risk" distribution contemplated to be made pursuant to this agreement. 22. Counsel has prepared and will file with the Register of Wills a rule 6.12 report noting that the estate administration is complete after the occurrence of the following events: (a) The payment of final administrative expenses; and (b) The filing of the Estate Settlement Agreement. -3- 23. The parties, and each of them, hereby forever fully release, compromise, settle, and discharge any and all claims, demands, actions, or causes of action, legal or equitable, absolute or contingent, vested or hereafter to accrue, which any of them may have against any other party hereto or against the Estate of Louis L. Wienczkowski, or the agents of the estate, including accountants and attorneys, by reason of any matter, cause or things growing out of or relating to any property or assets of said estate, or growing out of or relating to any act of the Executrix in her administration of the said estate, even if attributable to negligence, and agree that any period of the limitation of actions for the collection of any erroneous distribution or distributions shall commence only at such time as the Executrix shall have obtained actual knowledge of said erroneous distribution or distributions, which period shall end two (2) years after actual discovery. 24. The beneficiary acknowledges that ifit is determined that if there is any additional tax liability (including interest and penalties) or any other proper debt, Joan W. Wienczkowski will pay only such amount that pertains to her, noting that the estate is insolvent, without assets to pay any additional tax liability and debt. 25. The parties, and particularly Joan W. Wienczkowski, agree that this Estate Settlement Agreement shall be an Acknowledgment and Release as to estate assets and their use in payment of estate debts and administration expenses. 26. The parties agree to execute such additional documents and releases as the Executrix may submit to them in order to complete any administration details to confirm her discharge from any further liability to the parties in connection with the said estate. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above-written. DATE: t'~- /~).- j/'C" ~l/)? {;~j r!&~I<C~./<:~" JOan W. Wienczkowski, Executrix q)fthe Estate of Louis L. Wienczkowski (/ -4- DATE: 6 ~/rJ-6b I u/'. t~/~~e'i If I"CPJ/lv- J W. Wienczkowski, Beneficiary ild Residuary Legatee ' -5- f COMMONWEAL TH OF PENNSYL VANIA (' ~ : ss. COUNTY OF-DAUFItIN' U /.18t7L./-f/1..Jv : -rL On this, the 10 day of June, 2006, before me, the undersigned, personally appeared Joan W. Wienczkowski, who acknowledged herselfto be the Executrix ofthe Estate of Louis L. Wienczkowski, Deceased, executed the foregoing instrument for the purposes therein contained. >> 1t~vV NOTARY PUBLIC COMMONWEALlH OF PE~\jj NOTARIAL SEAl: ~IA ,~~A E. HERMAN, Notary Public '"G",oyne Borough, CUmbeifInd Co My Commtssion Expires Aug. 26, 200e IN WITNESS WHEREOF, I hereunto set m _hand COMMONWEAL TH OF PENNSYL VANIA Lr//;"": ss. COUNTY OF~-\UPHIN C it uBE1!-,Lntvy: On this, the I 0 ~ day of June, 2006, before me, the undersigned, personally appeared Joan W. Wienczkowski, who acknowledged herselfto be the Beneficiary and Residuary Legatee of the Estate of Louis L. Wienczkowski, executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand an official seal. :ut f hU4ta*L/) NOTARY PUBLIC COMMONWEAllH OF PENIIS'I'lVANIA NOTARIAL SEAL LINDA E. HERMAN, Notary Public Lemoyne Borough, Cumbeillnd Co. My Commission Expires Aug. 26. 2008 .,' -6- , PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : 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: JUNE 25, JULY 2,9,2004 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. Wienczkowsld. Louis E.. dec'd. Late of the Township of Hamp- den. ExecutIix: Joan W. Wienczkow- ski, 2100 Cedar Rund Drive. Apt. 205. Camp Hill. PA 17011. Attorneys: Jeffrey R. Boswell, Esquire. Boswell. Tintner. Piccola & Alford. 315 N. Front Street, P.O. Box 74], Harrisburg. PA 17] 08-0741. SWORN TO AND SUBSCRIBED before me this 9 day of JULY 2004 N SEAL LOIS E. SNYDER. Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005 EXHIBIT I it ~ ~ '\\~ , PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tanuny Shoemaker, Customer Care/SalesManager ,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 date(s). June 16,23,30,2004 COpy OF NOTICE OF PUBLICATION NOTICE NOTICE HEREBY GIVEN tIlatthe Register of Wills has granted Letters Testamentary to tile person named. All persons Having claims or demands against the estate are requested to make payment, without delay, to the Executor or to his attorneys named below: ' The Estate of LOUIS E. WIENCZKOWSKI late of the Township of Hampden, County of Cumberiand and State of Pennsylvania. lETTER TESTAMENTARY in the Estate 01 LOUIS E. WIENCZKOWSKI, late of The Township of Hampden, Cumberland County and Commonwealth of Pennsylvania, deceased having been granted to the undersigned, all persons indebted to said Estate are requested to make immediate payment and those having claims will present them for settlement without delay to: Joan W. Wienczkowski 2100 Cedar Rund Drive, Apt. 205 Camp Hill, PA 17011 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 PUblicationare~ ~ ~ I- ~ Jeffrey R. Boswell, Esquire Boswell, Tintner, Piccola & Alford 315 N. Front Street, P.O. Box 741 Harrisburg, PA 171 08-0741 Attorney for Estate Sworn to and subscribed before me this 30th day of Tune, 2004 O~lt~~!~J My commission expires: ~L ~ f)..ti:XJ NDTMW. SEAl. NlfLAPR.EIY, ~_ ~ lWp.. FrnIn "'CIIi~.J.l'lJIII EIpha Ole. 2, EXHIBIT , B Register of Wills or Cumberland County STATIJS REPORT UNDER RULE 6.12 Name of Decedent: Louis E. Wienc7.kow~ki Date of Death: 05/05/2004 Estate No.: 2004-00478 Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: Yes 0 No ill 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: June 30, 2006 3. If the answer to No.1 is Yes, state the fonowing: a. Did the personal representative file a final account with the Court? Yes 0 No 0 b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? Yes 0 No 0 c. Copies of receipts, releases, joinders and approval of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report ~ Signa e Date: June 6, 2006 Jeffrey R. Boswell, Esquire Name 315 North Front Street Harrisburg, PA 17101 Address (717) 236-9377 Telephone No. Kl'.U.)K1)I~U UFFICE OF REGISTER OF \'\1LLS 2006 JDN 19 PM 3:31 .~.~ CLERK OF . /; "1 ORPH.\:'\S' COURT ~.. CL:\IBERL\:'\D CO., P.\ \ Capacity: 0 Personal Representative 00 Counsel for personal representative ,,,::.:;....,, ........ . ., ,-, ,-- -- -- ~--. -.- \) ; /\~\J, .!.( ~. STATUS REPORT UNDER RULE 6.12 Name of Decedent: Louis L. Wienczkowski Social Security No. 186-22-9995 Register File No. 2004-00478 Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: Yes~ No 2. lithe answer to #1 is No, Slate when the personal representative reasonably believes that the administration will be complete: 3. If the answer to # 1 is Yes, state the following: a. Did the personal representative file a final account with the Court? Yes No X b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? Yes _X_No d. Copies of receipts, releases, joinders, and approvals of formal or information accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. - Estate Settlement Agreement, June 10,2006, attached. Date: June 15,2006 ~. /"'.". / .' . " ~f' .~,' SIgnature: -'>~/:T:L.( --- Name: Jeffrefflcl oswell, Esquire Address: 315 North Front Street. Harrisburg, PA, 17101 Telephone: (717) 236-9377 _ Personal Representative X Counsel Capacity: j , . . '. ();j .r\~'