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HomeMy WebLinkAbout04-0522 PETITION FOR PROBATE and GRANT OF LETTERS Oq 5ZZ Estate of James Baird, Jr. No. ~ - - also known as To: Register of Wills for the Social Security No. 196-14-292J Deceased. County of Cumberland in the Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(X), who is/~fi~ 18 years of age or older an the execut or named in the last wilt of the above decedent, dated Novomher 1 and codicil(s) dated none (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decendent was domiciled at death in Cumberland County, Pennsylvania, with h is last'family or principal residence at 21 Shippensburg, Southampton Township (list street, number and muncipality) Decendent, then 81 years of age, died /,lay 24. ~ 2006 at Carlisle Regional Medical Center ' Except as follows, dccedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent:.. none Decendent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property $ 41t 961.00 (If not domiciled in Pa.) Personal property in Pennsylvania $ (If not domiciled in Pa.) Personal property in County $ Value of real estate in Pennsylvania $ situated as follows: WHEREFORE, petitioner~) respectfully request(s) the probate of the last will a/ki codicil(s) presented herewith and the grant of letters Testamentary ~-~ theron. (testamentary; administration c.t.a.; administratioj~d.b.n.c.t.a.) ~ '~ Franklin D, Southerly ~ 33 fihippensburg Nobile ,~=.=o Shippensburg, PA 17257 OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland _j~ The petitioner(X) 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 petitionerl~) and that as personal represen- tative01) of the above decedent petitioner~) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed ~ /~'~._~ O-- ~~-~-~n beforel.~) 't~iximeE this -----~, - ~'~1~ day~cs_4of ]/ Franklin D. Southerly No. Zl-- 04-5'7-3- Estate Of James Baird, Jr. , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW {~ ' ~ 1~,_21).(L4 in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrumentfX) dated November 13, 2003 described therein be admitted to probate and filed of record as the last will of James Baird, Jr. and Letters Testnm~ntary_ are hereby granted to Franklin D. Southerly FEES ~ Probate, Letters, Etc .......... $ 0.~ Jerry A. Wei§le. Esquire ~016 Short Certificates( ) .,~.' ....... $. [5, ~ ATTORNEY (Sup. Ct. I.D. No.) ~==~,;,,~ .,. ~. 7.,~.,~... ~ ~-~'~: w~,~ ~ ~o~,~, ~.~. ADD.SS TOTAL __ $. I~l, ~ ~ippensburg. PA 17257 (7~7) ~3~-~388 Filed ................................... PHONE his is to certify that the information here given is correctly copied ['rom an original certificate c,f dealh duly filed xvid~ me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office l'or [ermm tnt filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $2.00 Lecal Registrar P 10371857 No. ~ Date i .*u.~ ~4J~uv 2,67 COMMONWEALTH OF PENNSYLVANIA · DEPARTMENT OF HEALTH · VITAL RECORDS CERTIFICATE OF DEATH , I . ~:~1 I ~ ~ I ~ ~ /E~ J ~ I ~ ~CEm~r~u~m ~a~m~.~.~ Imm~'s ~. ~ _ ~ o~0 ~0 ~.~ I~ . I.. ~o. ssa. I.. ~/ ~, ~* I.. I I~. o .~ m I ~ -. ~1- I- _1-. ........ ,.,.,- .................................................................................................. 0 ~m,~)~ LAST WILL AND TESTAMENT I, James Baird, Jr., presently residing at 21 Shippensburg Mobile Estates, Shippensburg, Cumberland County, Pennsylvania 17257, being of sound mind, memory and disposition, do hereby make, publish and declare this my Last Will and Testament, hereby revoking and making void all wills by me at any time heretofore made. FIRST. I order and direct the payment of all my legally enforceable debts and funeral expenses as soon as may be convenient after my decease. SECOND, I give, devise and bequeath all my estate, real, personal and mixed, whatsoever and wheresoever situate to my good friends, FRANKLIN D. SOUTHERLY and EVELYN LOUISE SOUTHERLY, husband and wife, or to the survivor of the said Franklin D. Southerly and Evelyn Louise Southerly, absolutely. THIRD. I acknowledge the existence of my children, Lloyd G. Baird, Doris Black, and Linda McKendry. I also acknowledge the existence of my son, Larry Kulawiecz, who was adopted as a baby. It is my specific intent and desire not to leave any share of my estate whatsoever to any of the above-named individuals. FOURTH. I nominate, constitute and appoint FRANKLIN D. SOUTHERLY, presently residing at 33 Shippensburg Mobile Estates, Shippensburg, Pennsylvania 17257, to be the Executor of this my Last Will and Testament; if he be unable to fulfill the duties of Executor, I then nominate, constitute and appoint JERRY A. WEIGLE, ESQUIRE, with offices located at 126 East King Street, Shippensburg, Pennsylvania 17257, to be the Executor of this my Last Will and Testament. FIFTH. I direct that my personal representative(s) shall not be required to give bond for the faithful performance of their duties in any jurisdiction. SIXTH. I direct my Executor to retain the services of JERRY A. WEIGLE, ESQUIRE, with offices located at 126 East King Street, Shippensburg, Pennsylvania 17257, with respect to the settlement of my estate due to his familiarity with my affairs. IN WITNESS WHEREOF, I, James Baird, Jr., have hereunto set my hand and seal to this my Last Will and Testament, written on one (1) page, this 13th day of November, 2003. _ . ~ _ _ . (SEAL) // WEIGLE & ASSOCIATES, RC. -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397 This instrument was by the Testator, on the date hereof, signed, published and declared by him to be his Last Will and Testament, in our presence, who at his request and in the presence of each other, we believing him to be of sound and disposing mind and memory, have hereunto subscribed our names as witnesses. COMMONWEALTH OF PENNSYLVANIA · · SS COUNTY OF CUMBERLAND · I, James Baird, Jr., the person whose name is signed to the foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. Sworn or affirmed to and acknowledged before me by James Baird, Jr., the Testator, this f~] day of ~~/~4---,2003. . - ' ' Shippensburg, PA Cdfnberland County ,~ . My Commission Expires October 7, 2006 WEIGLE & ASSOCIATES, RC. -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257~1397 COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF CUMBERLAND : and ~"~4ahil~ L. tome , the witnesses whose names are signed to the foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw James Baird, Jr., the Testator, sign and execute the instrument as his Last Will; that he signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator, signed the will as witnesses; and that to the best of our knowledge the Testator was at the time eighteen (18) or more years of age and of sound mind and under no constraint or undue influence. I Sworn or affirmed to and subscribed before me .~witnesses, thisday of 2003. i % lINT- WEIGLE & ASSOCIATES, P.C. -- ATTORNEYS AT /AW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 172:57-1397 IN RE: ESTATE OF JAMES BAIRD, JR., · 1N THE COURT OF COMMON PLEAS OF late of Southampton Township, · CUMBERLAND COUNTY Cumberland County, : PENNSYLVANIA Pennsylvania, deceased · ORPHANS' COURT DIVISION · ESTATE NUMBER 21-04-0522 CERTIFICATION OF NOTICE UNDER RULE 5.6 (a) Name of Decedent: James Baird, Jr. Date of Death: May 24, 2004 :.~ Will No. 0522 of 2004 To the Register: -~' I certify that notice of beneficial interest required by Rule 5.6(a) of the O.i'Phans' Court Rules was served on or mailed to the following beneficiaries of the aboV,~ captioned estate on June 16, 2004: Franklin D. Southerly and Evelyn Louise Southerly, husband and wife 33 Shippensburg Mobile Estates Shippensburg, PA 17257 Notice has now been given to all persons entitled thereto under Rule 5.6(a) except NONE. June 16, 2004 Q'"-' C~ Signat~ ~,Name: Jerry A. Weigle, Esquire Address: Weigle & Associates, P.C. 126 East King Street Shippensburg, PA 17257 Telephone: (717) 532-7388 Capacity: Personal Representative X Counsel for Personal Representative l~ WEIGLE & ASSOCIATES, P.C.-- ATTORNEYS AT LAW -- 126 EAST KING STREET --SHIPPENSBURG, PA 17257-1397 COMMONWEALTH OF PENNSYLVANfA REV-1162 EX(1 1 96) DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT 280601 HARRISBURG, PA 17128 0601 PENNSYLVANIA RECEIVED FROM: INHERITANCE AND E~TATE TAX OFFICIAL RECEIPT NO. CD 004279 SOUTHERLY FRANKLIN D 33 SHIPPENSBURG MOBILE ESTATES SHIPPENSBURG, PA 17257 ACN ASSESSMENT AMOUNT CONTROL NUMBER ....... fold 101 $4,700.00 ESTATE INFORMATION: SSN: 196142927 FILE NUMBER: 2104-0522 DECEDENT NAME: BAIRD JAMES JR DATE OF PAYMENT: 08/17/2004 POSTMARK DATE: 08/1 7/2004 COUNTY: CUMBERLAND DATE OF DEATH: 05/24/2004 TOTAL AMOUNT PAID: $4,700.00 REMARKS: F D SOUTHERLY CHECK# 102 INITIALS: VZ SEAL RECEIVED BY: GLENDA FARNER STRASBAUGH REGISTER OF WILLS REGISTER OF WILLS WEIGLE & ASSOCIATES, Attorneys at Law 126 East King Street Shippensburg, PA 1725'/ :,,~ ~r- r,~ '? :~,i:,':~ PENNSYLVANIA RECEIVED FROM: INHERITANCE AND ESTATE TAX OFF C A -RECE P r NO. CD 004739 SOUTHERLY FRANKLIN D 33 SHIPPENSBURG MOBILE ESTATES SHIPPENSBURG, PA 17257 ACN ASSESSMENT AMOUNT CONTROL NUMBER 101 $25.67 ESTATE INFORMATION: SSN: 19614 2927 :ILE NUMBER: 2104 0522 DECEDENT NAME: BAIRD JAMES JR DATE OF PAYMENT: 12/15/2004 POSTMARK DATE: 12/15/2004 COUNTY: CUMBERLAND )ATE OF DEATH: 05/24/2004 TOTAL AMOUNT PAID: $25.67 REMARKS: F SOUTHERLY CHECK# 109 INITIALS: VZ SEAL RECEIVED BY: GLENDA FARNER STRASBAUGH REGISTER OF WILLS REGISTER OF WILLS REVelS00 EX + (6-00) COMMONW.ALT, OF REV'1500 DEPAR~MENTOFREVBNUE INHERITANCE TAX RETURN F,LE.UM.E. DEPT 280601 21 2004 0522 HARRISBURG, PA 17128-0601RESIDENT DECEDENT -- COUNTY CODE YEAR NUMBER DECEDENT'S NAME (LAST FIRST, AND MIDDLE INITIAL) SOCIAL SECURITY NUMBER ~- I Baird, James Jr. 196-14-2927 ~:~ , ' THIS RETURN MUST BE FILED IN DUPLICATE WITH THE w : 05-24-2004 11-17-1922 ~ REGISTER OF WILLS ~ ~ X 6 Decedent Died Testate (Attach 7 Decedent Maintained Trust (Attach : THIS sEcTioN MuST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION sHOULD BE DIRECTED I- AME z~ Jerry A. Welgle, Esq. ~ Weigle & Associates, P.C. 126 East King Street ~ Shippensburg, PA 17257 ° (717) 532-7388 1 Heal Estate (Schedule A) (1) N o n e 2 Stocks and Bonds (Schedule B) (2) N o n e .~ 3. Closely Held Corporation, Partnership or Sole-Proprietorship (3) N o n e 4. Mortgages & Notes Receivable (Schedule D) (4) N o n e ;- ,¢ 5. Cash, Bank Deposits & Miscellaneous Personal Property (5) 36,624.56 , (Schedule E) -~'C'~ ~ z 6. Jointly Owned Property (Schedule F) (6) N 0 n e .~_~ ~.~ 8 Total Gross Assets (total Lines 1-7) (8) 36,624.56 u~~ 9. Funeral Expenses & Administrative Costs (Schedule H) (9) 3,013.26 11. Total Deductions (total Lines 9 & 10) (11) 3,470.99 12 Net Value of Estate (Line 8 minus Line 11) (12) 33,153.57 14. Net Value Subject to Tax (Line 12 minus Line 13) (14) 33,153.57 15Amoun of Line l4 taxable at the spousal tax rate, 0.00 x .00 (15) 0.00 or transfers under Sec. 9116(a)(12) o_ ~- 16.Amount of Line 14 taxable at lineal rate 0.00 x .045 (16) 0.00 xo t8. Amount of Line14 taxable at collateral rate 33,153.57 x .15 (18) 4,973.04 ~- 19 Tax Due (19) 4,973.04 Rev-1502 EX+ (6-98) SCHEDULE H-B7 OTHER ooM~o.~LTH o~ .E..S~VA~,^ ADMINISTRATIVE COSTS R,s,oENT OEO~D,,. continued ESTATE OF FILE NUMBER Baird, James Jr. 21-04-0522 ITEM NUMBER DESCRIPTION AMOUNT 1 Cumberland Law Journal - advertising cost 75.00 2 Dan Hershey Auctioneering - appraisal fee 25.00 3 F & M Trust - research fee 5.00 4 Franklin Southerly - reimbursement for billing from Beedles Flowers 44.45 5 Register of Wills, Cumberland County - filing Family Settlement Agreement 75.00 6 Register of Wills, Cumberland County - filing PA Inheritance Tax Return 15.00 7 Register of Wills, Cumberland County - Short Certificate 3.00 8 Sailhamer Real Estate - appraisal fee 100.00 9 The News-Chronicle - advertising cost 84.50 10 Weigle & Associates, P.C. - reimbursement for long distance telephone calls, copies 20.00 & postage 11 Weigle & Associates, P.C. - Notary fee 8.00 Subtotal 454.95 Copyright (c) 2002 form software only The Lackner Group. Inc. Form PA-1500 Schedule H-B7 (Rev 6-98) Rev-1512 EX+ (6 98) ~ SCHEDULE I ' DEBTS OF DECEDENT, MORTGAGE LIABILITIES, & LIENS ESTATE OF FILE NUMBER Baird, James Jr. 21-04-0522 ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1 Adams Electric Cooperative 31.49 2 Adams Electric Cooperative - final billing 1.74 3 James K. Jones, Esquire - Perkins v. Baird - Settlement of Claim 225.00 4 Sprint 3.61 5 Sprint - final billing 8.39 6 Weigle & Associates, P.C. - Perkins v. Baird - Attorney Fee 187.50 TOTAL (Also enter on Line 10, Recapitulation) 457.73 (if more space is neededr additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc Form PA-1500 Schedule I (Rev 6-98) REV-1513 EX+ {9-00) SCHEDULE J COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN BENEFICIARIES RESIDENT DECEDENT ESTATE OF FILE NUMBER Baird, James Jr. 21-04-0522 NAME AND ADDRESS OF RELATIONSHIP TO SHARE OF ESTATE &MOUNT OF ESTATE NUMBER PERSON(S) RECEIVING PROPERTY DECEDENT (Words) ($$$) DO Not List Trustee(s) I. IAXABLb DISTRIBUTIUN5 LlnClude outright spousal distributions, and transfers under Sec. 9116(a)(1.2)] I Evelyn Louise Southerly friend one-half of t6,576.78 21 Shippensburg Mobile Estates estate Shippensburg, PA 17257 2 Franklin D. Southerly Friend one-half of 16,576.79 21 Shippensburg Mobile Estates estate Shippensburg, PA 17257 Total 33,t 53.57 Enter dollar amounts for distributions shown above on lines 5 through 18, as appre riate, on Rev 1500 co~ ~r sheet ii. NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OF PART II - ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEE- Copyright (c) 2002 form software only The Lackner Group, Inc Form PA-1500 Schedule J (Rev. 6-98) RE: JAMES BAIRD JR. DATE OF DEATH 5-24 2004 ACCOUNT INFO~eldATION X .CHECKING SAVINGS __CERTIFICATE OF DEPOSIT SAFE DEPOSIT __SHARES OF STOCK DATE OPENED 12-27-1996 DATE CLOSED 6-7-2004 ACCOUNT NUMBER 33-08197 ACCOUNT BALANCE AT DATE OF DEATH $3,947.72 ACCRUED INTEREST $-0- TOTAL ACCOUNT BALANCE $3,947.72 NAME{S) ON ACCOUNT JAMES BAIRD JR. REGISTRATION OF ACCOUNT INDIVIDUAL ACCOUNT ACCOUNT INFORMATION X CHECKING SAVINGS CERTIFICATE OF DEPOSIT __SAFE DEPOSIT __SHARES OF STOCK DATE OPENED 12-27-1996 DATE CLOSED 6-4 2004 ACCOUNT NUMBER 70-30495 ACCOUNT BALANCE AT DATE OF DEATH $15.523.40 ACCRUED INTEREST $2.73 TOTAL ACCOUNT BALANCE $15,526.13 NAME(S) ON ACCOUNT JAMES BAIRD JR. REGISTRATION OF ACCOUNT INDIVIDUAL ACCOUNT Edmunds used Ford Ranger car appraisal. Used Ford car pricing. Page 1 of 2 edmunds o, Ls FinancinqAs Low AS4,55%APR Compare Leases Free Insurance Quote USED CARS ~ Sell your ear on Edmunds,com Get your car in front of millions of serious online shoppers. 1990 Ford Ranger 2 Dr STD Standard Cab se View 1990 Styles Pi ctu re Other yea~ for this style ~ Go I Not Available Consumer Rating 7.0 ~ ~ 13 Reviews · Used Ve J.D, Power Ratinqs I View all Ratings I Editors' Review Awards ° Downlo · Search Used Ford Listings · Calculate Low Payments · TMV Pricing SelecTru · Appraise Your Car Used Car Appraiser Truck Dif · Resale Values Back Certified trucks an · Payment Calculators services f · Vehicle History Report STEP $ Review Edmunds.¢om Pricing Report warrantie · Certified Program 1990 Ford Ranger 2 Dr ~ True Market Value~ wwwsolect · True Cost to Own Picture STD Standard Cab SB ~ Pricing Not Available Private Dealer Batten B Trade-In Pa~ Retail Inc. 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King St, Shippensburg, Pa 17957 Office (717)~32- 6059/Fa~x (717)530-5181 www.sailhamer.com / ~ June 2, 2004 Mr. Frank Southerly SME, 33 Westport Drive Shippensburg, PA 17257 This analysis has not been performed in accordance with the uniform standards of professional practice which requires valuers to act as unbiased, disinterested third parties with impartiality, objectivity and independence and without accommodation of personal interest, it is not to be construed as an appraisal and may not be used as such for any purpose. In response to your request for a Comparable Market Analysis for a mobile home on a rented lot of the Estate of James Baird Jr., I am sending you my estimation of current market value. The mobile home is located at Lot 21 Shippensburg Mobile Estates, Shippensburg Township, Cumberland County, Shippensburg, PA. The home is a 14x70 1993 Commodore bearing serial number CR25604A and tax ID number 36-12-0320-009 TR02977. The mobile home contains an eat-in kitchen, living room, 2 Bedrooms, 2 Baths, and laundry hookup in the hall. Central Air has been installed, and the heating system is forced hot air kerosene. Roofing and exterior siding is metal. The overall condition of the mobile home appears to be average. Based on my personal investigation and findings it is my opinion that the current market value would be a range of between $10,500 to $12,500. Sincerely, Ron Sailhamer Real Estate Broker I0~o ZB, o oo - ~_~ Edmunds used Buick Century car appraisal. Used Buick car pricing. Page 1 of 2 edmundsl Financinq As Low As 4.55% APR Compare Leases Free Insurance Quote US[I) CARS .' ' , :., ~. ~ Sell your car on Edmunds.com Get your car in front of millions of serious online shoppers. 1999 Buick Century ~g'f"~ll~l~", 4 Dr Custom Sedan View 19c)9 Styles Other years for this style~ Go I Consumer Rating 7,$ ~ iR~*e ZtI 11 Reviews · Used Ve · Free Re 3.D. 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Payments Get a Free Dealer Price Quote from dealers in your area. Free Insurance Quotes APPRAISAL OF PERSONAL PROPERTY OF THE ESTATE OF JAMES BAIRD JR., 21 SHIPPENSBURG MOBILE ESTATES, SHIPPENSBURG, PA ON JUNE 28, 2004: Love seat sofa $ 40.00 Upholstered swivel rocker (shows wear) $ 15.00 RCA portable color television (older model) $ 5.00 Modern 4-piece bedroom suit including small dresser, chest of drawers, double bed, and night stand ........................................................ $ 95.00 Modern 5-piece bedroom suit including dresser with mirror, chest of drawers, double bed, and 2 night stands ..................................... $125.00 TOTAL: $ 280.00 APPRAIS~ BY: Dennis L. Gotshall, Auctioneer/Prop. Dan Hershey Auctioneering Service PA Lic. #AU-002306-L 3 Brown Road Shippensburg, PA 17257 LAST WILL AND TESTAMENT 1, James Baird, Jr., presently residing at 21 Shippensburg Mobile Estates, Shippensburg, Cmnberland County, Pennsylvania 17257, being of sound mind, memory and disposition, do hereby make, publish and declare this my Last Wilt and Testament, hereby revoking and making void all wills by me at any time heretofore made. FIRST. I order and direct the payment of all my legally enforceable debts and funeral expenses as soon as may be convenient after my decease. SECOND. I give, devise and bequeath all my estate, real. personal and mixed, whatsoever and wheresoever situate to my good friends, FRANKLIN D. SOUTHERLY and EVELYN LOUISE SOUTHERLY, husband and wife, or to the survivor of the said Franklin D. Southerly and Evelyn Louise Southerly, absolutely. THIRD. I acknowledge the existence of my children, Lloyd G. Baird, Doris Black, and Linda McKendry. I also acknowledge the existence of my son, Larry Kulawiecz, who was adopted as a baby. It is my specific intent and desire not to lcave any share of my estate whatsoever to any of the above-named individuals. FOURTH. I nominate, constitute and appoint FRANKLIN D. SOUTHERLY, presently residing at 33 Shippensburg Mobile Estates, Shippensburg, Pennsylvania 17257, to be the Executor of this my Last Will and Testament; if he be unable to fulfill the duties of Executor, I then nominate, constitute and appoint JERRY A. WEIGLE, ESQUIRE, with offices located at 126 East King Street, Shippensburg, Pennsylvania 17257, to be the Executor of this my Last Will and Testament. FIFTH. I direct that my personal representative(s) shall not be required to give bond for the faithful performance of their duties in any jurisdiction. SIXfH. I direct my Executor to retain the services of JERRY A. WEIGLE, ESQUIRE, with offices located at 126 East King Street, Shippcnsburg, Pennsylvania 17257, with respect to the settlement of my estate due to his familiarity with my affairs. IN WITNESS WHEREOF, I, James Baird, Jr., have hereunto set my hand and seal to this my Last Will and Testament, written on one (1) page, this 13th day of November, 2003. This instrument was by the Testator, on the date hereof, signed, published and declared by him to be his Last Will and Testament, in our presence, who at his request and in the presence of each other, xve believing him to be of sound and disposing mind and memory, have hereunto subscribed our names as witnesses. COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND I, James Baird, Jr., the person whose name is signed to the foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. Sworn or affirmed to and acknowledged before me by James Baird, Jr., the Testator, this , ' .~..,] dayof NO~RIA~ S~L Jer~ A. W~ig~e, Nota~ Public Shippensburg, PA ~da~d ~unty My ~mmission ~pir¢s Odober 7, 2006 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBEREAND and ~ ~c~A C- [ome , the ~vitnesses whose nines ~e signed to the foregoing instrument, being duly qualified according to law, do depose ~d say that we were present ~d saw James Baird, Jr., the Testator, sign and execute the instrument as his Last Will; that he signed willingly and that he executed it as his free ~d voluntary act for the pu~oses therein expressed; that each of us in the hearing and sight of the Testator, signed the will as witnesses; and that to the best of our ~owledge the Testator was at the time eighteen (18) or more years of age and of sold mind and under no constraint or undue influence. Sworn or affirmed to and subscribed before me wit ess , this J d&y ot 2003. ~ ] NOTARIALS~L der~ A. WeiCe Nma~ PuNic Ship~nsburg, ~A Gum~rland ~unty J My ~mmission ~pires OGober 7, 2006J COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVlDUAL.-'.fAXSS INHERITANCE TAX DIVISION " PO BOX Z80601 HARRISBURG PA 111Z8-0601 NOTICE OF INHERITANCE TAX APPRAISE"ENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESS"ENT OF TAX DATE ESTATE OF DATE OF DEATH FILE NUMBER COUNTY ACN JERRY A l~IGLE ESQ WEIGLE & ASSOCS 126 EKING ST SHIPPENSBURG PA 17257 02-21-2005 BAIRD JR 05-24-2004 21 04-0522 CUMBERLAND 101 * REV-1S47 EX AFP <12-041 JAMES Allount Rellitted MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~ R1V :rAW.lx.AFp..rl)1.:6~'..,njT.i'ci."bF.i1iIiIRY"AiicE.T.AX.A.PPRA.isl'r€N'~.ALtotlANCE.OR.............. ... DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX ESTATE OF BAIRD JR JAMES FILE NO. 21 04-0522 ACN 101 DATE 02-21-2005 TAX RETURN WAS: (X) ACCEPTED AS FILED ) CHANGED I~ an assessment was issued previously, lines 14, 15 and/or 16, 17, 18 and 19 will re~lect ~igures that include the total o~ ALL returns assessed to date. ASSESSMENT OF TAX: IS. Allount of Line 14 at Spousal rate (IS) 16. Allount of Line 14 taxable at Lineal/Class A rate (16) 17. AlIOunt of Line 14 at Sibling rate (17) 18. Allount of Line 14 taxable at Collateral/Class B rate (18) 19. Principal Tax Due TAX ITS. RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Real Estate (Schedule A) 2. Stocks and Bonds (Schedule B) . 3. Closely Held Stock/Partnership Interest (Schedule C) 4. "ortgages/Notes Receivable (Schedule D) S. CashIBank Deposits/Misc. Personal Property (Schedule E) 6. Jointly Owned Property (Schedule F) 7. Transfers (Schedule G) 8. Total Assets U) (2) (3) (4) (S) (6) (7) APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/AdII. Costs/Misc. Expenses (Schedule H) 10. Debts/Mortgage Liabilities/Liens (Schedule I) 11. Total Deductions 12. Net Value of Tax Return 13. Charitable/Governllantal Bequestsj Non-elected 9113 Trusts 14. Net Value of Estate Subject to Tax (9) UO) (Schedule J) NOTE: .00 .00 .00 .00 36,624.56 .00 .00 (8) 3,013.26 457.73 Ul) (12) (3) (14) .00 .00 .00 33,153.57 X 00 = X 045 = X 12 = X 15 = DATE 08-17-2004 12-15-2004 + INTEREST/PEN PAID (-) 247.37 .00 NUMBER CD004279 CD004739 A"OUNT PAID 4,700.00 25.67 ~ TOTAL TAX CREDIT BALANCE OF TAX DUE INTEREST AND PEN. TOTAL DUE . IF PAID AFTER DATE INDICATED, SEE REVERSE FOR CALCULATION OF ADDITIONAL INTEREST. NOTE: To insure proper credit to your account, subllit the upper portion of this forI! with your tax paYllant. 36,624.56 3.470 99 33,153.57 .00 33,153.57 (19)= .00 .00 .00 4,973.04 4,973.04 4,973.04 .00 .00 .00 ( IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.) ESTATE OF JAMES BAIRD, JR. File No. 21-04-0522 FAMILY SETTLEMENT AGREEMENT +1 THIS AGREEMENT made this :;:2. 0 day of , 200~;: BETWEEN: FRANKLIN D. SOUTHERL Y and EVEL YN LOUISE SOUTHERL Y, being the legatees under the Last Will and Testament of JAMES BAIW, "', JR., late of Southampton Township Cumberland, County, Pennsylvania, AND FRANKLIN D. SOUTHERLY, Executor of the Estate under the Last Will and Testament of JAMES BAIRD, JR., deceased, WHEREAS, James Baird, Jr. died May 24, 2004, intestate; and WHEREAS, Letters Testamentary were granted to Franklin D. Southerly on June 3, 2004, by the Register of Wills of Cumberland County, Pennsylvania; and WHEREAS, all assets of the late James Baird, Jr. have been liquidated or distributed and all his debts paid in full, and further the period of four months having been terminated since the first advertisement of the issuance of Letters to the said Executor, the said party hereto desires to waive the duty of Executor to file a First and Final Account with Proposed Schedule of Distribution for purposes of confirmation by the Court of Common Pleas of Cumberland County, Orphan's Court Division, AND FURTHER desires that a Family Settlement Agreement be executed, which Family Settlement will be duly recorded among the deed records in and for Cumberland County. WEIGLE & ASSOCIATES, P.L - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 J--- NOW, THEREFORE, WITNESSETH, that the party hereto, in consideration of the premises above stated, and of the Accounting and Proposed Schedule of Distribution attached hereto and made a part hereof, and the receipt of his distributive share as therein shown, does mutually bind herself to the said Distribution and Accounting as set forth and further mutually releases Franklin D. Southerly, Executor, from all claims and demands whatsoever arising out of settlement of the Estate of James Baird, Jr.. The parties hereto do further agree that should any liability come due to the estate of the said decedent after the signing of this agreement, they do hereby covenant and agree with the aforesaid personal representative that they will contribute their pro rata share of the estate to satisfy any and all claims, demands, suits, or causes of action which may be successfully prosecuted against the said estate or the aforesaid personal representative after the signing, sealing and delivery of this family settlement agreement and final release. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. (- WITNESS: ( Ct, (SEAL) (SEAL) WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 COMMONWEAL TH OF PENNSYLVANIA COUNTY OF ~ On this, the 10.:JI;J day of SS ~ , 2005, before me, the undersigned officer, personally appeared FRANKLIN D. SOUTHERLY and EVELYN LOUISE SOUTHERLY, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. TARIAL SEAL Jerry A. Weigle, Notary Public Shlppensburg, PA Cumberland County My Commission Ires October 7, 2006 WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division No. 21-04-0522 Estate of James Baird Jr., Deceased Account Franklin D. Southerly, Executor Date of Death: OS/24/2004 Date of Executor's Appointment 06/03/2004 Date of First Advertisement of Letters: 06/22/2004 Accounting for the Period: OS/24/2004 to 04/07/2005 Purpose of Account: Franklin D. Southerly, Executor, offers this account to acquaint interested parties with the transactions that have occurred during this administration. It is important that the account be carefully examined. Requests for additional information or questions or objections can be discussed with: Jerry A. Weigle, Esquire Attorney Identification No. 01624 Weigle & Associates, P.C. 126 East King Street Shippensburg, PA 17257 (717) 532-7388 GROSS ESTATE (Principal Receipts + Income Receipts) 37,420.20 SUMMARY OF ACCOUNT Estate of James Baird Jr., Deceased For the period of Mav 24, 2004 throuah April 7. 2005 Proposed Distributions to Beneficiaries Paae 7 PRINCIPAL Receipts: This Account Net Gain (or Loss) on Sales or Other Dispositions 1 Less Disbursements: Debts of Decedent Funeral Expenses Administration Expenses Federal and State Taxes Commissions Fees Family Exemption 2 2 2-3 3 Balance Before Distributions Transfer to (from) Principal Distributions to Beneficiaries 4 5 Principal Balance on Hand For Information: Investments Made Changes in Investment Holdings 6 INCOME Receipts This Account Net Gain (or Loss) on Sales or Other Dispositions Less Disbursements Balance Before Distributions Transfer to (from) Income Distributions to Beneficiaries Income Balance on Hand For Information: Investments Made Changes in Investment Holdings COMBINED BALANCE ON HAND Current Value 7,353.54 457.73 0.00 565.95 4,725.67 0.00 2,447.31 0.00 Fiduciary Acquisition Value 7,353.54 37,420.20 0.00 37,420.20 8,196.66 29,223.54 0.00 21,870.00 7,353.54 0.00 0.00 0.00 0.00 0.00 0.00 0.00 7,353.54 SCHEDULE A RECEIPTS OF PRINCIPAL OS/24/2004 OS/24/2004 OS/24/2004 Cash F & M Trust Checking Acct. #33-08197 F & M Trust Checking Acct. #70-30495 Accrued income on above item through date of death Subsequent Receipt - Allstate Insurance, auto insurance refund 06/22/2004 07/21/2004 12/23/2004 Subsequent Receipt - Comcast refund Subsequent Receipt - Adams Electric, final patronage refund Subsequent Receipt - U. S. Treasury, 2004 Federal Income Tax Refund 03/21/2005 OS/24/2004 OS/24/2004 PAr~nn::l1 PrnnArtv 1990 Ford Ranger Pick-up truck - poor condition 1993 Commodore 14x70 Mobile Home- appraised value 1999 Buick Century V-6 4-door sedan - fair condition Personal property at appraised value OS/24/2004 OS/24/2004 3.947.72 15.523.40 2.73 162.30 28.95 89.46 795.64 489.00 11.500.00 4.601.00 280.00 Total Receipts of Principal 1 Fiduciary Acquisition Value 20.550.20 16.870.00 37.420.20 SCHEDULE C DISBURSEMENTS OF PRINCIPAL Debts of Decedent 06/14/2004 Sprint 3.61 06/22/2004 Adams Electric Cooperative 31.49 07/07/2004 Adams Electric Cooperative - final billing 1.74 07/21/2004 Sprint - final billing 8.39 11/09/2004 James K. Jones, Esquire - Perkins v. Baird - 225.00 Settlement of Claim 11/24/2004 Weigle & Associates, P.C. - Perkins v. Baird - 187.50 Attorney Fee Total Debts of Decedent 457.73 Miscellaneous Administration EXDenses 06/16/2004 Cumberland Law Journal - advertising cost 75.00 06/22/2004 Sailhamer Real Estate - appraisal fee 100.00 06/23/2004 Register of Wills, Cumberland County - Letters 111.00 Testamentary and Short Certificates 06/23/2004 Franklin Southerly - reimbursement for billing 44.45 from Beedles Flowers 07/07/2004 Dan Hershey Auctioneering - appraisal fee 25.00 07/21/2004 F & M Trust - research fee 5.00 08/25/2004 The News-Chronicle - advertising cost 84.50 09/09/2004 Register of Wills, Cumberland County - Short 3.00 Certificate 12/07/2004 Register of Wills, Cumberland County - filing PA 15.00 Inheritance Tax Return 04/07/2005 Register of Wills, Cumberland County - filing 75.00 Family Settlement Agreement 04/07/2005 Weigle & Associates, P.C. - reimbursement for 20.00 long distance telephone calls, copies & postage 04/07/2005 Weigle & Associates, P.C. - Notary fee 8.00 Total Miscellaneous Administrative Expenses 565.95 2 SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued Taxes 08/17/2004 Register of Wills, Cumberland County - 4,700.00 Inheritance Tax Payment at Discount 12/13/2004 Register of Wills, Cumberland County - PA 25.67 Inheritance Tax - balance due Total Taxes 4,725.67 Fees 12/07/2004 Weigle & Associates, P.C. 2.447.31 Total Fees 2.447.31 TOTAL DISBURSEMENTS OF PRINCIPAL 8.196.66 3 SCHEDULE D DISTRIBUTIONS OF PRINCIPAL Franklin D. and Evelyn Louise Southerly 06/24/2004 06/24/2004 1990 Ford Ranger Pick-up truck 1993 Commodore 14x70 Mobile Home- appraised value 1999 Buick Century V-6 4-door sedan Personal property at appraised value Cash 06/24/2004 06/24/2004 12/13/2004 489.00 11,500.00 4.601.00 280.00 5,000.00 TOTAL DISTRIBUTIONS TO BENEFICIARIES 4 21.870.00 21,870.00 # Units PRINCIPAL BALANCE ON HAND Description Cash M & T Bank Estate Checking Acct. Total Cash 5 Current Value 04/07/2005 or as Noted 7.353.54 7.353.54 7.353.54 Fiduciary Acquisition Value 7.353.54 7.353.54 7.353.54 SCHEDULE F CHANGE IN INVESTMENT HOLDINGS - PRINCIPAL # Units 1990 Ford Ranaer Pick-up truck OS/24/2004 06/24/2004 Inventoried Distributed 1993 Commodore 14x70 Mobile Home - appraised value OS/24/2004 Inventoried 06/24/2004 Distributed 1999 Buick Century V-6 4-door sedan OS/24/2004 06/24/2004 Inventoried Distributed Personal property at appraised value OS/24/2004 06/24/2004 Inventoried Distributed Total 6 Cost 489.00 -489.00 0.00 11.500.00 -11.500.00 0.00 4.601.00 -4.601.00 0.00 280.00 -280.00 0.00 0.00 PROPOSED DISTRIBUTIONS TO BENEFICIARIES Current Value Fiduciary 04/07/2005 Acquisition or as noted Value TO: Franklin D. and Evelvn Louise Southerlv Cash 7.353.54 7,353.54 7.353.54 7.353.54 Total 7.353.54 7.353.54 7 FRANKLIN D. SOUTHERLY, Executor of the Estate of James Baird, Jr., deceased, hereby declares under oath (penalties of perjury) that he has fully and faithfully discharged the duties of his office; that the foregoing First and Final Account is true and correct and fully discloses all significant transactions occurring during the accounting period; that all known claims against the estate have been paid in full; that, to his knowledge, there are no claims now outstanding against the estate; and that all taxes presently due from the estate have been paid. 7JVa-4 D .2,~ Franklin D. Southerly, Executor Subscribed and sworn to by FRANKLIN D. SOU HERL Y, before me this day of ,2005. NOTARIAL SEAL JeffY to.. Weigle, Notary Public ~ifl&li'\ii~it)\ PA Cumberland County Mt~ffils~I~!'L@<.tu October 7, 2006 '." . ", WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 REGISTER OF WILLS, CUMBERLAND GOUNTY STATUS REPORT UNDER RULE 6.12 Name of Decedent: James Baird, Jr. Date of Death: May 24, 2004 Will No. 21-04-0522 Admin. No. Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete Yes x No ~ 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: 3. If the answer to No.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&nd approvals of formal or informal accounts may be filed wit the Cerk of the Orphans' Court and may be attached to thi re rt. C 01 .") Date: April 7, 2005 Jerry A. Weigle, Esquire Name (Please type or WEIGLE & ASSOCIArES, P.C. 126 East King Street Address Shippensburg, PA 17257 ( 717) 532-7388 Tel. No. Capacity: Personal Reoresentative Counsel for~personal ~ representatl.ve V \ x ( ,'!JI.H: :-~ f / .:U~ 3 )