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HomeMy WebLinkAbout03-15-10H O o r, 3 0O O N m v i N r-- } ~.i N w ~Q~o li:~~a ~~ -., ~, o ~~~ ~ o ~ O~ a~a `r~ ~ ! N o_ ~.~irvn N o Q ~o~ :, a a~~~dse~,wo,~ ~l~W ~iaoi~d ~ Q ~, ' f 1 .. _. ~-~ _ '-'7 C'~ .~~ ~ ~c ~-E- c+..:> ~ ~ -. fir". ~ ~ _ ~~`) 1 `) ~" ~ ~ iii. ~.i- l.i- ~` `.._ ~` ~.R.- 1 i ~ .~~ L ~~~ r"~ N ..;.., ... ~. ..... ... ..":' ,.-.,. •,,. -.~.. ~.... .... . ... •~,. ..., ., .~,. -..~ -. `, ~ :' ,:.i.~ -, ~~ ~. : .. fir.. r rr~ r 1. rr~' ~. qtr. •,.Y .:. . ~~ .w.. ~~ ~~ _ ~r.r • ~r~' rb. i11r ~1~ C ~ a V ~ V r-+ U •r-I 4-I N d ~ r--I G1 ~, ~ °o •r-I ~ bA ~i N ~, Cd ~--~ ~ .~ U C! d, ~a b ~ ~ o cd ,.d ~ r-I d.~ f-I ~ N U1 ~ ~ •ri .~ O .-I JERRY A. WEIGLE WEIGLE & ASSOCIATES, P.C. Attorneys-at--Law Associates 126 EAST KING STREET JOSEPH P. RUANE SHIPPENSBURG, PENNSYLVANIA 17257-1397 RICHARD L. WEBBER, JR. TELEPHONE (717) 532-7388 or (717) 776-4295 Of Counsel FAX (717) 532-5289 THOMAS L. BRIGHT March 12, 2010 Cumberland County Register of Wills qt _~ ~ '~ ~ 1 Courthouse Square, Room 102 ' ~ ~~ I 7; .-`~. ' Carlisle, PA 17013 ~ '' ~ ~~ ; _ T'V ~' ~' RE: Ruth S Eater Estate ,~' r ; =~~ ~ ~-~~ . . No. 2009-00344 ~~-~~::~ `-=~ ~ ~~~ ,~=' Pa.No. 21-09-0344 ~ =~ ... ~~~~~> Dear Ladies and Gentlemen: ~.. ~: ~-~ ~,_;7;_~ . -~ I have enclosed the following items: 1. First and Final Accounting with Schedule of Proposed Distribution (in duplicate original); 2. Petition for Adjudication (in duplicate original); 3. Check in the amount of $130.00; 4. Copies of item #1 and item #2; and 5. Self-addressed stamped envelope. Please note the gross value of the estate is $82,256.79 (principal and interest) and the proposed distribution is $30,066.20. Please time-stamp the copies and return each to me in the enclosed self-addressed stamped envelope along with a receipt. Thank you for your assistance. Very truly yours, WEIG E & ASSOCIATES, P.C. 7~ Richard L. Webber, Jr., Esquire RLW/paf Enclosures Cc: Mary E. Myers, Executrix DECEDENT'S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF RUTH S. EATER ,DECEASE? ~ = ~ n. ~ ~ ~ ~ ~ ~ ~ ` ~ y' 21-09-0344 No. ~ " ~ r' ~ c7 ~"' ~ ` = ' ~_ ~- r ' ~ ~.' l '`` ..., T PETITION FOR ADJUDICATION / ~ ~ ~' STATEMENT OF PROPOSED DISTRIBUTION `~ r '~` PURSUANT TO Pa. O.C. Rule 6.9 This form may be used in all cases involving the Audit of the Account of a Decedent's Estate. If space is insufficient, riders may be attached. Attach the spouse's election, if arty; the papers required under items 8-19 inclusive; and any instrument pertinent to the adjudication. INCLUDEAT714CHMENTSAT THE BACK OF THIS FORM. Name of Counsel: Richard L. Webber, Jr., Esquire Supreme Court I.D. No.: 49634 Name of Law Firm: Weigle & Associates, P.C. Address: 126 East King Street, Shippensburg, PA 17257 Telephone: 717-532-7388 Fax: 717-532-5289 Form OC-Ol rev. 10.13.06 Page 1 of 10 Estate of RUTH S. EATER 1. Name(s) and address(es) of Petitioner(s): Name: Mary E. Myers Address: 777 Oakville Road Shippensburg, PA 17257 Identify any executors or administrators who have not joined in the Petition for Adjudication and Statement of Proposed Distribution and state reason: None Deceased Is this the first accounting by this fiduciary? ..... ~ Yes ~~ No ................ If not, identify prior accountings, the accounting periods covered, and the date of adjudication of the prior accounting. 2. Decedent died on Apri16, 2009 [~ Letters Testamentary or ~ Letters of Administration were granted to Petitioner(s) on April 13.2009 Date of Will (rf applicable): December 30, 2003 Date(s) of Codicil(s) (rf applicable): August 17, 2006 Date of probate (f d~erent from date Letters granted): N/A Was a bond required? Yes ~~,] No If yes, state amount: Are proofs of advertising of the grant of Letters attached? ......... 0 Yes Q No Dates of advertising of the grant of Letters: Oberland Law Journal-4/24/09, 5/1/09 5/8/09, and Valley Times-Star4/22/09, 4/29/09, and 5/6/09 Form OC-Ol rev. 10.13.06 Page 2 of 10 Estate of RUTH S. EATER Deceased 3. Was decedent survived by a spouse? ............................. ~ Yes ~' No If yes, name of the surviving spouse: 4. Has the surviving spouse filed to take an elective share? ............. ~'] Yes 0 No (See Section 2201 et sue. of the Probate, Estates and Fiduciaries Code) If yes, date of election: 5. In the case of an intestacy, state the names of the decedent's surviving children or surviving issue of deceased children (f none, so state): 6. Did decedent marry after execution of Will or Codicil(s)? ....... [~ Yes 0 No Were any children born to decedent after execution of Will or Codicil(s)? ....................... ® es ®No .................... 'Y If yes, give names and dates of birth: Name: Date of Birth: 7. If required by the Medical Assistance Estate Recovery Act, 62 P.S. § 1412, was a request for a statement of claim sent to the Department of Public Welfare? ..... ~ Yes ~ No ......................... Form OC-Ol rev. 10.13.06 Page 3 of 10 Estate of RUTH S. EATER Deceased 8. Written notice of the Audit as required by Pa. O.C. Rules 6.3, 6.7 and 6.8 has been or will be given to all parties in interest listed in item 9 below, all unpaid creditors and all claimants listed in item 10 below. In addition, notice of any questions requiring Adjudication as discussed in item 14 below has been or will be given to all persons affected thereby. A. If Notice has been given, attach a copy of the Notice as well as a list of the names and addresses of the parties receiving such Notice. B. If Notice is yet to be given, a copy of the Notice as well as a list of the names and addresses of the parties receiving such Notice shall be submitted at the Audit together with a statement executed by a Petitioner or counsel certifying that such notice has been given. C. If any person entitled to Notice is not sui juris (e.g., minors or incapacitated persons), Notice of the Audit has been or will be given to the appropriate representative on such party's behalf as required by Pa. O.C. Rule 5.2. D. If any charitable interest is involved, Notice of the Audit has been or will also be given to the Attorney General as required under Pa. O.C. Rule 5.5. In addition, the Attorney General's clearance certificate (or proof of service of Notice and a copy of such Notice) must be submitted herewith or at the Audit. 9. List all parties (charitable and non-charitable) of whom Petitioner(s) has/have notice or knowledge, having or claiming any interest in the estate as beneficiaries under the Will or Codicil(s) or as intestate heirs if there is a complete or partial intestacy: A. State each party's relationship to the decedent and the nature of each party's interest(s): Form OC-Ol rev. 10.13.06 Page 4 of 10 Estate of RUTH S. EATER N/A Deceased C. State why a Petition for Guardian/Trustee Ad Litem has or has not been filed for this Audit (see Pa. O.C. Rule 12.4). N/A D. If distribution is to be made to the personal representative of a deceased party, state date of death, date and place of grant of Letters and type of Letters granted. N/A Form OC-01 rev. 10.13.06 Page 5 of 10 B. Identify each party who is not sui juris (e.g., minors or incapacitated persons). For each such party, give date of birth, the name of each Guardian and how each Guardian was appointed. If no Guardian has been appointed, identify the next of kin of such party, giving the name, address and relationship of each. Estate of RUTH S. EATER Deceased 10. Other than the claim for the family exemption, list the names of all known claimants and the amount of their claims and state whether each claim is admitted. Name and Address of Each Claimant Amount of Claim Claim Will Claim Admitted? Be Paid In Full? None ~ Yes 0 Yes ONO ~..~' No Yes [~ Yes ONo ~ No Yes ~ Yes ~No ~ No Yes ~ Yes ONo ~ No If the estate is insolvent, attach a schedule setting forth the order of preference under 20 Pa.C.S. § 3392 and the proposed payments. 11. Was family exemption claimed? ................................ Yes ~No Was family exemption allowed? ................................ Yes ONo Family exemption claimant's name and relationship: Name: Relationship: Form OC-Ol rev. 10.13.06 Page 6 of 10 { Estate of RUTH S. EATER i i Deceased 12. The amount of Pennsylvania Transfer Inheritance Tax and additional Pennsylvania Estate Tax paid, the date(s) of payment(s), and the interest(s) upon which paid, are as follows: Date Payment Interest 7/6/09 2,950.00 8/24/09 4.57 13. On the date of death, was the decedent a fiduciary (personal representative, trustee, guardian, agent under power of attorney) or surety on the bond of a fiduciary? ,,,,,,, , , , , , , , , , , , , ~ Yes ~ No If yes, provide the name of the estate, indicate whether an account has been filed and confirmed absolutely and all awards performed, or, in the alternative, how the decedent's estate will be discharged for the decedent's fiduciary administration of the estate. 14. A. Describe in detail any questions requiring adjudication and state the position of the Petitioner(s) as to each question: None B. Has notice of the question requiring adjudication been given to the parties identified in Paragraph 9 above? .................. ~ Yes ~ No 15. If Petitioner(s) has/have knowledge that a share has been assigned, renounced, disclaimed or attached, provide a copy of the assignment, renunciation, disclaimer or attachment, together with any relevant supporting documentation. Form OC-Ol rev. 10.13.06 Page 7 of 10 k Estate of RUTH S. EATER M Deceased 16. Had the decedent been adjudicated an incapacitated person? .......... ~ Yes ~ No If yes, attach a copy of the Order if available; otherwise state the Court, term, number, date, and name of Hearing Judge. 17. A. List or attach a separate list of additional receipts and disbursements since the closing date of the Account. B. Has notice of the additional receipts and disbursements been given to the parties identified in Paragraph 9 above? ............. ~ Yes ~ No 1$. If a reserve is requested, state amount and purpose. Amount: Purpose: If a reserve is requested for counsel fees, has notice of the amount of fees to be paid from the reserve been given to the parties in interest? ........................................ Yes ~No If so, attach a copy of the notice. 19. Is the Court being asked to direct the filing of a Schedule of Distribution? .......................... Yes ~No As to real estate only? ........................................ DYes © o `N Form OC-01 rev. 10.13.06 Page8of10 Estate of RUTH S. EATER Deceased Wherefore, your Petitioner(s) ask(s) that distribution be awarded to the parties entitled and suggest(s) that the distributive shares of income and principal (residuary shares being stated in proportions, not amounts) are as follows: A. Income: Proposed Distributee(s) Amount/Proportion See attached Exhibit 1 B. Principal: Proposed Distributee(s) AmoundProportion See attached Exhibit 1 Submitted By: (All petitioners must sign. Add additional lines if necessary): Name 'Toner: Mary Myers Name of Petitioner: Form OC-01 rev. 10.13.06 Page 9 of 10 Estate of RUTH S. EATER Verification of Petitioner (Verification must be by at least one petitioner.) Deceased The undersigned hereby verifies * that he/she she is title Executrix of the above-named name of corporation Estate of Ruth S. Eater andJ that the facts set forth in the foregoing Petition for Adjudication /Statement of Proposed Distribution which are within the personal knowledge of the Petitioner are true, and as to facts based on the information of others, the Petitioner, after diligent inquiry, believes them to be true; and that any false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 (relating to unsworn falsification to authorities). Si atu f Petitioner 3 - /a. - ~ ~ * Corporate petitioners must complete bracketed information. Certification of Counsel The undersigned counsel hereby certifies that the foregoing Petition for Adjudication/ Statement of Proposed Distribution is a true and accurate reproduction of the form Petition authorized by the Supreme Court, and that no changes to the form have been made beyond the responses herein. ~ ~/y Signature of Counsel for Petitioner Form OC-01 rev. 10.13.06 Page 10 of 10 Name and Address of Relationship Each Party in Interest Edison C. Eater Son 24 Loch Lomond Ct. Pinehurst, NC 28374 Mary E. Myers Daughter 777 Oakville Road Shippensburg, PA 17257 Robert M. Eater Son Cobble Creek Drive Tannersville, PA 18372 Brett Eater Grandson 1719 Douglas Drive Carlisle, PA 17013 Brian Eater Grandson 794 Wheatland Circle Bridgeville, PA 15017 Greg Eater Grandson 2328 Nottinghamshire Road Furlong, PA 18925 Laurie Lengel Granddaughter 3987 Trail Way East Doylestown, PA 18901 Audrey Parker Granddaughter 24 Creek Court Easton, PA 18040 Austin Myers Grandson 776 Oakville Road Shippensburg, PA 17257 TOTAL: Amount Principal & Interest $ 10,022.07 Principal $ 10,012.02 (Additional $10,000.00 Interest $ 9.45 previously distributed) $ 10,022.06 Principal $ 10,012.02 (Additional $10,000.00 Interest $ 9.44 previously distributed) $ 10,022.06 Principal $ 10,012.02 (Additional $10,000.00 Interest $ 9.44 previously distributed) $ 0.00 Principal $1,000.00 ($1,000.00 previously distributed) $ 0.00 Principal $1,000.00 ($1,000.00 previously distributed) $ 0.00 Principal $1,000.00 ($1,000.00 previously distributed) $ 0.00 Principal $1,000.00 ($1,000.00 previously distributed) $ U.00 Principal $1,000.00 ($1,000.00 previously distributed) $ 0.00 ($1,000.00 previously distributed) $ 36,066.19 EXHIBIT 1 Principal $1,000.00 Principal $ 36,037.86 Interest $ 28.33 s• ~. !C' ~/~ it 8~i ~i/~ ~// ~ ~~ In the Court of Common Pleas of Cumberland Count ,Penns Ivani . Y y a Orphans Court Dlvlslon File No. 21-09-0344 Estate of Ruth S. Eater, Deceased Late of Borough of Newville FIRST AND FINAL ACCOUNT AND SCHEDULE OF PROPOSED DISTRI BUTTON Mary E. Myers, Executrix Date of Death: 04/06/2009 Date of Incapacity, if any: None Date of Executrix's Appointment: 04/13/2009 Date of First Complete Advertisement: 04/22/2009 Accounting for the period: 04/06/2009 to 03/11/2010 Purpose of Account: Mary E. Myers, Executrix, offers this Account to acquaint interested parties with the transactions that have occurred during the Administration. It is important that the Account be carefully examined. Requests for additional information or questions or objections can be discussed with: Richard L. Webber, Jr. Esquire « ° Weigle ~ Associates, P.C. ~' ~ `-~.-' , '~ 126 East King Street --- -- Shippensburg, PA 17257 , ;-, 3~,, ,~ r.~ ~ ~ cn '=~~° ~~- 717-532-7388 ~ ~ ""-_. -=~--:f .. :. . Supreme Court LD. No. 49634 ~ --+ ~ ; ~ ; •• ' ;_ ~-, :-; ~ . -c.' _ :' ,~ SUMMARY OF ACCOUNT estate of Ruth S. Eater, Deceased For the period of April 6, 2009 throucah March 11, 2010 PAGES PRINCIPAL Receipts: This Account 3 Net Gain (or Loss) on Sales 82,228.46 or Other Dispositions 0.00 Less Disbursements: 82,228.46 Debts of Decedent 4 769.38 Funeral Expenses 3 2,93T.59 Administration Expenses 3 1 316.21 Federal, State ~ Local Taxes 3 2,954.57 Commissions 3 4,106.42 Fees 3 4,106.42 Family Exemption 0.00 16,190.59 Balance Before Distributions 66,037.87 Transfer to (from) Principal 0.00 Distributions to Beneficiaries 6 36,000.00 Principal Balance on Hand 30,037.87 For Information: Investments Made Changes in Holdings INCOME Receipts This Account 7 28.33 Net Gain (or Loss) on Sales or Other Dispositions 0.00 28.33 Less Disbursements 0.00 Balance Before Distributions 28.33 Transfer to (from) Income 0.00 Distributions to Beneficiaries 0.00 Income Balance on Hand 28.33 For Information: Investments Made Changes in Holdings COMBINED BALANCE ON HAND 30,066.20 Signature g Verification g -2- SCHEDULE A RECEIPTS OF PRINCIPAL Assets Listed in Inventory (Valued as of Date of Death) Fiduciary Acquisition Value Cash 1st National Bank of Marysville #901997 -Money 9,391.27 Market Accrued interest on above item through date of 1.03 death Adams County National Bank #115940 - 9,533.59 Checking Account Accrued income on above item through date of 0.09 death . Adams County National Bank #1629239 -Money 42,659.78 Market Accrued income on above item through date of 5.88 death Adams County National Bank #9618236 - 20,045.47 Savings Account Accrued income on above item through date of 0.30 death Total Cash Total Receipts Subsequent Principal Receipts 05/04/2009 Washer and Dryer sold 100.00 05/22/2009 Comcast -Refund 45.39 06/01/2009 Embarq -Refund 26,22 06/24/2009 Donegal Insurance -Renters Insurance Refund 44.00 06/24/2009 NEA -Refund of insurance 8,20 01/15/2010 PSERS -Proration of April 2009 payment 367.24 Total Subsequent Principal Receipts Total Adjustments and Subsequent Receipts 81,637.41 81, 637.41 591.05 591.05 Total Receipts of Principal 82,228.46 -3- r SCHEDULE C DISBURSEMENTS OF PRINCIPAL Debts of Decedent 04/24/2009 Embarq -Telephone 41.49 04/27/2009 Sherry Hershey, Tax Collector - 2009 Personal 14.70 Taxes 04/30/2009 PPL -Electric 43.00 05/06/2009 Robert Janson -Rent 325.00 05/08/2009 NWSA -Water and Sewer Bill 128.46 05/18/2009 Discover Card 64.61 06/10/2009 PPL -Electric 7.51 06/12/2009 Graham Medical Clinic 10.00 06/12/2009 NWSA -Water and Sewer Bill 104.61 08/19/2009 Forest Park Nursing Home 30.00 Total Debts of Decedent 769.38 Funeral Expenses 04/21/2009 Michael Shalonis Funeral Home 2,364.05 04/23/2009 Verne Gauthier -Funeral Service 100.00 06/02/2009 Michael Shalonis Funeral Home -Bronze marker 450.00 06/30/2009 Michael J. Shalonis -Death Certificates 23,54 Total Funeral Expenses 2,937.59 Administration Expenses 04/13/2009 Cumberland County Register of Wills -Probate 252.00 Fee 04/13/2009 Cumberland Law Journal -Legal Advertising 75.00 04/20/2009 Hosses -Family Meal 698 71 06/19/2009 The Valley Times-Star -Legal Advertising . 75.50 -4- ~ '~ Y t SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued 08/24/2009 Pa. Dept. of Revenue -Filing fee for inheritance tax return 03/11/2010 Cumberland County Register of Wills -Filing fee and mailing of Accounting Total Miscellaneous Administrative Expenses Federal, State, and Local Taxes 07/06/2009 Pennsylvania Department of Revenue - Inheritance tax at discount 08/24/2009 Pennsylvania Department of Revenue -Balance of inheritance tax Total Taxes Commissions 12/09/2009 Mary E. Myers -Executrix Commission 03/11/2010 Mary E. Myers -Executrix Commission Total Commissions Fees 07/08/2009 Weigle ~ Associates, P.C. -Attorney Fees 08/20/2009 Weigle ~ Associates, P.C. -Attorney Fees 11/28/2009 Weigle ~ Associates, P.C. -Attorney Fees 03/11/2010 Weigle & Associates, P.C. -Attorney Fees Total Fees TOTAL DISBURSEMENTS OF PRINCIPAL 15.00 200.00 1,316.21 2,950.00 4.57 2,954.57 3,000.00 1,106.42 4,106.42 1,000.00 1,000.00 1,000.00 1,106.42 4,106.42 16,190.59 -5- ~ t SCHEDULE D DISTRIBUTIONS OF PRINCIPAL 05/12/2009 05/12/2009 05/12/2009 05/12/2009 05/12/2009 05/12/2009 05/12/2009 05/1 Z/2009 05/12/2009 Audrey Parker 1,000.00 Austin Myers 1,000.00 Brett Eater 1,000.00 Brian Eater 1,000.00 Edison C. Eater 10,000.00 Greg Eater 1,000.00 Laurie Lengel 1,000.00 Mary E. Myers 10,000.00 Robert M. Eater 10,000.00 36,000.00 TOTAL DISTRIBUTIONS TO BENEFICIARIES 36,000.00 -6- ~ , ,, ' ' SCHEDULE G RECEIPTS OF INCOME Interest/Bank 1st National Bank of Marysville #901997 04/14/2009 2.32 2.32 Adams County National Bank #1629239 04/14/2009 8.20 8.20 Adams County National Bank #2358921 04/30/2009 05/31/2009 06/30/2009 07/31/2009 08/31 /2009 09/30/2009 10/31 /2009 11/30/2009 12/31/2009 01/31/2010 02/28/2010 TOTAL BANK INTEREST TOTAL RECEIPTS OF INCOME -7- 1.83 2.84 1.65 1.58 1.52 1.44 1.49 1.44 1.40 1.37 1.25 17.81 28.33 28.33 PROPOSED DISTRIBUTIONS TO BENEFICIARIES TO: Current Value 03!11!2010 or as noted Edison C. Eater Mary E. Myers Robert Eater -8- Fiduciary Acquisition Value 10, 022.07 10,022.06 10, 022.07 30,066.20 Total 30,066.20 In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-09-0344 Estate of Ruth S. Eater, Deceased Signature. G~. Mary y rs, Executrix -9- In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-09-0344 Estate of Ruth S. Eater, Deceased Verification Mary E. Myers, Executrix under the Last Will and Testament of Ruth S. Eater, Deceased, hereby declares under oath that he/she has fully and faithfully discharged the duties of his/her office; that the foregoing 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/her knowledge, there are no claims now outstanding against the Estate; that all taxes presently due from the Estate have been paid; and that the grant of Letters Testamentary and 'the first complete advertisement thereof occurred more than four months before the filing of the foregoing Account. This statement is made subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. r Mary E My ,Executrix Dated: ~ - ~a _ l -10- LAST WILL AND TESTAMENT I, RUTH S. EATER, of the Borough of Newville, Cumberland County, Pennsylvania, declare this to be my Last Will and Testament and revoke any Will or Codicil previously made by me. ITEM I: I direct that all my just debts (except as may be barred by a Statute of Limitations) and my funeral expenses (including my gravemarker and expenses of my last illness) shall be paid from my residuary estate as soon as practicable after my decease as a part of the administration of my estate. ITEM II: I give and bequeath all of my tangible personal properly (not including cash or securities and not including any tangible personal property utilized by me in any business, including farming, and not including any items bequeathed above) including, without limitation, personal effects, household furniture and furnishings, automobiles, and the like, together with any policies of insurance in effect at the time of my death applicable thereto, including any prepaid premiums thereon, to such of my children as survive me to be divided among them as nearly as possible in equal shares in such manner as they may agree upon or, failing agreement for any reason whatsoever, then in such manner as my daughter, MARY E. MYERS, shall determine, giving due regard for their personal preferences. ITEM III: I give and bequeath the sum of One Thousand ($1,000.00) Dollars to each of my grandchildren who survive me. ITEM IV: I have recently made a gift of bank stock to my daughter, MARY E. MYERS. I ~T ~ ~i EXHIBIT 1 declare that this gift is in recognition of all that Mary has done for me (and continues to do for me) and I want to make it clear that I do not wish this gift to be considered an advancement. ITEM V: I devise and bequeath all the residue of my estate of every nature and wherever situate in equal shares to such of my children, MARY E. MYERS, EDISON C. EATER and ROBERT M. EATER, as are living on the thirty-first~(31st) day following my death. ITEM VI: Should any of my children, MARY E. MYERS, EDISON C. EATER and ROBERT M. EATER, predecease me or die on or before the thirtieth day following my death but leaving descendants who so survive me, such descendants shall receive, per stirpes, the share that such predeceased clild would have received had he or she so survived me. ITEM VII: If any property passes outright (either under this Will or otherwise) to a minor (which shall be defined as anyone under twenty-one (21) years of age) and with respect to which I am authorized to appoint a guardian and have not otherwise specifically done so, I decline to appoint a guardian but instead authorize my Executor to distribute such property to a Custodian selected by my Executor (and my Executor may act as such Custodian) as Custodian for the minor under the Pennsylvania Uniform Transfers to Minors Act. Provided, however, that this appointment shall not supersede the right of any fiduciary to distribute a share where possible to the minor or to another for the minor's benefit. ITEM VIII: I direct that all taxes that may be assessed in consequence of my death, of whatever nature and by whatever jurisdiction imposed, shall be paid from my residuary estate as part of the expenses of the administration of my estate. ITEM IX: I appoint my daughter, MARY E. MYERS, Executrix of this my Last Will. 2 ~? ~ r' Should she fail to qualify or cease to act as Executrix, I appoint my son, ROBERT M. EATER, Substitute Executor of this my Last Will. ITEM X: I direct that my Executors, custodian, or their successors, shall not be required to give bond for the faithful performance of their duties in any jurisdiction. ITEM XI: The interests of the beneficiaries hereunder shall not be subject to anticipation or to voluntary or involuntary alienation. IN WITNESS WHEREOF, I hereunto set my hand and seal to this my Last Will and ~;, ~-~ Testament, written on four (4) sheets of paper, dated this ~ ~ ~ day of ~,, ,:: ~~ ~:~ , 2003. RU S. EATER The preceding instrument, consisting of this and three (3) other typewritten pages, each identified by the signature or initials of the Testatrix, was on the day and date thereof signed, published and declared by the Testatrix therein named, as and for her Last Will, in the presence of us, who, at her request, in her presence, and in the presence of each other have subscribed our names as witnesses hereto. ., -1~~~~ / ,~" t ° ,,F~l F < tV </ 'f/ +' ~~`~' ~%%F ~ ~ r -~~~ -~ ~ ~ ~ residing at ~;t~ :~~~s -~.~~ ~-~'~ ~~ ~'': ; ~~' % ~ " ° /~" .. i!/ ~/ ~ residin at ~ g COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND I, RUTH S. EATER, the Testatrix whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. ~,~J ~~ ~'*~ (SEAL) RU1~-I .EATER Sworn to or affirmed and acknowledged before me by RUTH S. EATER, the Testatrix, this ~ day of 2003. 9- COMMONWEALTH OF PENNSYLV~ COtvlMONWEALTH OF PENNSYLVANIA Cani J. Weimer, ~,y P S~'iampi7on Twp., C Cotmly MY Comrrussion ~r+es Sept, 3, 2007' ilAember, Pennsylvania Association Of Notaries NIA ss. COUNTY OF UMBERLAND ~' We I/l and ~ / ~ the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the Testatrix sign and execute the instrument as her Last Will; that the Testatrix signed willingly and executed it as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testatrix signed the Will as a witness; and that to the best of our knowledge the Testatrix was at the time eighteen (18) or more years of age and of sound mind and under no constraint or undue influence. Sworn to or affirmed and subscribed. o before me b ~e '~ i / ~k'h ~ .~'i~ and Y //j///~/i,d'/~' ~/J~i~ ,witnesses, this 30~`~-day of .r,- ~~ , 2003. ~`' , Notary Public 4 ~~ ~. ~w,id~t~i Seal Cam J. Vileirner, f~btaiy Pubic S~thamp~n Tvrp., Cumbe>i~d CotBttY ~e Nly Cam,,miss~? Expires Sept 32007 vies CODICIL TO LAST SILL AND TESTAMENT OF RUTH S. EATEl~, .DATED DECEMBER 30, 2003 I, Ruth S. Eater, of the Borough of Newville, Cumberland County, Pennsylvania, being of sound mind, memory and disposition, having made my Last Will and Testament dated December 30, 2003, do hereby make, publish and declare this to be a Codicil to my said Last Will and Testament. A. I hereby add the following paragraph to my Last Will and Testament as follows: "ITEM IV(A): I give and bequeath all monies and/or assets received by me from the Anna K. Ross Estate to my daughter, MARY E. MYERS. It is my intent to segregate the inheritance that I receive from the Anna K. Ross Estate into a separate investment or account so that my Executrix can distinguish those proceeds from the other assets in my estate. I declare that this gift is in recognition of the desire of Anna K. Ross that Mary ultimately receive those proceeds." B. In all other respects, I hereby ratify and confirm my said Last Will and Testament except insofar as any part thereof is revoked or modified by this Codicil. IN WITNESS WHEREOF, I Ruth S. Eater, have to this, aone-page Codicil to my Last Will and Testament dated December 30, 2003, subscribed my name and set my seal this ~ day of ~~, ~~ ~,~~-~~ , 2006. n i :~~ , _ f ~„`~ ~ (SEAL) WElGLE & ASSOCIATES, P. C. -ATTORNEYS AT LAW - 7Z6 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 This instrument was by the Testatrix, Ruth S. Eater, on the date hereof and in our presence, signed, published and declared by her to be a Codicil to her Last Will and Testament dated December 30, 2003, who at her request and in the presence of each other, we believing her to be of sound and disposing mind and memory, have hereunto subscribed our names as witnesses. r ' ~f ~ ~ ;~ f ii %i ~ f /.i ,~; e `~ ~ ` ~~~; f , ` - t: , --_ ~ •; ~ j' COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND I, Ruth S. Eater, the Testatrix whose name is signed to the foregoing Codicil, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Codicil to my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. ,r , Sworn or affirmed to and acknowledged before me by Ruth S. Eater, the Testatrix, this i ?~; day of ,79_~-~ ~. c ~ , 2006. i~0~'~a1~L OE~~ ~IC~f~~t~3 L. Y+fEB~~R J~„ ~J~i~~Y ~Uh~.iC SHiFPEi~SEURG SOP:O, Ct1~!cEni.~,~ID CuUI~~ MY COMMiSS10~ EXPiEES ~Ui Y 15, 2010 \NEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 726 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 COMMONWEALTH OF PENNSYLVANIA COUNTY C and SS We, ~; ,~ ~ , -, ., ,.:? _ ~ ;~ c ,the vv~tnesses wno names are ~i~icu ~~ ~1~ .~ . -~ foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Ruth S . Eater, the Testatrix, sign and execute the instrument as a Codicil to her Last Will; that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix, signed the Codicil as witnesses; and that to the best of our knowledge the Testatrix was at the time eighteen (18) or more years of age and of sound mind and under no constraint or undue influence. _ ~. r ,. .~ . , _ ,.. ~~ ~. ~. il,_v t 1 _.l ."'~ i i ~I - Swo o~ffirmed to and subscribed ~ re me y 'ti ~ , ~ ~ r ;' ., _~ - - ~ 1 ~ ~ :~ ~•.,z and r '~ ~ ~ ~ l ~ d ~ ~/ witnesses,.this ~ ~ ~ ~ day of _ ,~~ s ~' , 206. .~ /~ ~ ~,. 4 IY~QM'~~ ~M~y~ t~ICHARD L. ~VEBBER J~., ~JY~~~ pC!~E.t~ SNlPPENSBUgu BORO, CU~dlBERLANC COUCtTY fJi`t COiiBMSSiOie EnPl~ES JULY' i5; 2Q~~E WEIGLE & ASSOCIATES. P. C. -ATTORNEYS AT LAW - 1Z6 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 Proof of Publication of Notice in THE VALLEY TIMES-STAR COUNTY OF CUMBERLAND WEIGLE & ASSOCIATES/ESTATE NOTICE COMMONWEALTH OF PENNSYLVANIA Larry J. Werner II, being duly sworn according to law, deposes and says that he is the Sales Manager of "The Valley Times-Star" which is a weekly newspaper of general circulation published in Shippensburg Township, Cumberland County, Pennsylvania, by Latrobe Printing and Publishing Company, a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania having its principal place of business at 1011 Ritner Highway (P.O. Box 100), Shippensburg, Pennsylvania; that she is authorized to and does make this affidavit on its behalf; that the printed notice, advertisement of publication attached hereto is the same as was printed in the regular editions and issues of "The Valley Times-Star" on the following date(s): April 22, 29 & Ma.~ 6, 2009 Affiant further deposes that neither he nor "The Valley Times-Star" and The Latrobe Printing and Publishing Company have any interest in the subject matters of the aforesaid notice or advertisement, and that the facts set forth in the, foregQingtaffidavit is true and correct. ,, l/l ~ii Copy of Notice of Publication ESTATE NOTICE ~ Estate of Ruth S. Eater, deceased. Letters Testamentary in the Estate of Ruth S. Eater, late of Newville Borough, .Cumberland __ County, Pennsylvania,. have .be,~4~gtanted to .the undersigned. All persons ~knowmg'~themselves to `be indebted to said- estate are requested to make payment, .and those having claims shall present them; without delay, forsettlement to Sworn and subsc ed before me khis ~, ,2009 Day of rs ~~~L9~~~;;Lt~~.f,~.s+E-i 01~- wry j c"•,oteria3 Seai ~4 Lisa Dav~~r~ Shanl;le, (~sagarv !~uClic Bedford E~oro, BED#ord Goa~nty P,liy Conzmis~icn Exiair4:~ red. ~1, 2Q~2 r.;"se ,,;r~'r. Lei, ..~ ,_ . ~i~ai~a~~ of 5~;~ -~~~~~~ %' ~ 7 ~ ~ , ~~ '~ , Notary Public To: "The Valley Times-Star" Shippensburg, PA 17257 For publishing the notice attached hereto: On the stated date(s) ..............$ 70.50 \Affidavit ..........................$ 5.00 Total .............................. $ 75.50 Mary E, Myers, Executrix 777 Oakville Road Shippensburg, PA.17257 Richard L. Webber, Jr. Esquire WEIGLE & ASSOCIATES, P.C. 126 East King Street Shippensburg, PA 17257 Attorney for Executrix ADV VTS APRIL 22, 29; 8~ MAY 6, 2009 EXHIBIT PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, V1Z: April 24, Mav 1, and May 8, 2009 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. Eater, Ruth 8., deed. Late of Newvi]le Borough. Executrix: Mary E. Myers, 777 Oakville Road, Shippensburg, PA 17257. Attorneys: Richard L. Webber, Jr., Esquire, Weigle 8a Associates, P. C., 126 East King Street, Slu~ pensburg, PA 17257. Lis Marie Coyne, Edit r SWORN TO AND SUBSCRIBED before me this 8_day of Mav, 2009 Notary EXHIBIT ~., .~®~ NOTARIA! SEAL DE80RA:~i A COlltl\S hiafary Public • CAi~LiSiE SORO, Cttf~~BEt~Ld~t~ COiJNTY tViy Co:r~~;tission rx~ir~s lt~r 2S, ZOl ~ ' ~ IN RE: ESTATE OF RUTH S. EATER, IN THE COURT OF COMMON PLEAS OF OF THE BOROUGH OF :CUMBERLAND COUNTY, PENNSYLVAl~TIA NEVWILLE, :ORPHANS' COURT DIVISION CUMBERLAND COUNTY, PA N0.21-09-0344 PENNSYLVANIA, DECEASED ESTATE NUMBER 2009-0344 NOTICE This is to advise you that Mary E. Myers, Executrix under the Will of Ruth S. Eater, deceased, have filed the First and Final Account of the administration of the said decedent's estate in the Office of the Register of Wills of Cumberland County, Pennsylvania. The said Account and Proposed Schedule of Distribution will be presented to the Court of Common Pleas of Cumberland County, Pennsylvania, Orphan's Court Division, of Carlisle, Pennsylvania, in the assigned Courtroom of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, on Tuesday, Apri127, 2010 at 9:30 a.m., for confirmation. Copies of the said Account and Proposed Schedule of Distribution are enclosed herewith. This Notice is sent to you as an interested party, in accordance with the Rules of Court. Any exceptions or objections to the said Account or Proposed Schedule of Distribution may be filed prior to, or at that time and date, by any Party of Interest. You are not required to appear at the audit. However, if you do not appear in person or by counsel, the Court will assume that you agree with the accounting and the distribution proposed by the accountants. WEIGLE & ASSOCIATES, P.C. Date: ~ ~ ~- ~ ) ~ , 2010 By: ~~ `"t__ Richard L. Webber, Jr. Attorney. for Co-Executors 126 East King Street Shippensburg, PA 17257 = (717) 532-7388 EXHIBIT L~ ESTATE OF RUTH S. EATER, DECEASED PARTIAL RECEIPT, RELEASE AND REFUNDING AGREEMENT KNOW ALL MEN BY THESE PRESENTS, that I, the undersigned, for and in consideration of the sum of TEN THOUSAND DOLLARS ($10,000.00), the receipt of which is hereby acknowledged, as a partial payment of my share of the said estate, pursuant to ITEM V of the Last Will and Testament of RUTH S. EATER, do hereby remise, release and forever quitclaim unto MARY E. MYERS, Executrix of the said estate, any and all manner of actions, causes of actions, debts dues, claims, etc., both at law and in equity against MARY E. MYERS in her capacity as Executrix and against the said estate or in any other capacity I had had, now have or ought to have for or by reason of the administration of the said estate to the date of these presents. And further, I agree that I will refund to said Executrix all sums up to the total value to be distributed hereunder should the same be or become necessary for the satisfaction of claims lawfully arising in the course of the administration of the said estate. IN WITNESS WHEREOF, I hereunto set my hand and seal, intending to be legally bound hereby and intending to bind my heirs and assigns, this ~ t h day of May, 2009. WITNESS: EXHIBIT Mary . T y rs WEIGLE & A550CiATES, P.C. - ATTORNE - KING STREET - SHIPPENSBURG, PA 1 7257-13 9 7 ESTATE OF RUTH S. EATER, DECEASED RECEIPT, RELEASE AND REFUNDING AGREEMENT KNOW ALL MEN BY THESE PRESENTS, that I, the undersigned, for and in consideration of the sum of ONE THOUSAND DOLLARS ($1,000.00), the receipt of which is hereby acknowledged, as a full payment of my share of the said estate, pursuant to ITEM III of the Last Will and Testament of RUTH S. EATER, do hereby remise, release and forever quitclaim unto MARY E. MYERS, Executrix of the said estate, any and all manner of actions, causes of actions, debts dues, claims, etc., both at law and in equity against MARY E. MYERS in her capacity ac Executrix and against the said estate or in any other capacity I had had, now have or ought to have for or by reason o:f the administration of the said estate to the date of these presents. And further, I agree that I will refund to said Executrix all sums up to the total value to be distributed hereunder should the same be or become necessary for the satisfaction of claims lawfully arising in the course of the administration of the said estate. IN WITNESS WHEREOF, I hereunto set my hand and seal, intending to be legally bound hereby and intending to bind my heirs and assigns, this I "T-F day of May, 2009. WITNESS: \• V J^~` 1~ , ~.1~e~-1 ~ ~c-~..-c~ ~ ~ c. i~. ~ 1 ~ s~- Brian Eater EXHIBIT WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - '126 EAST KING STREET - SH[PPENSBURG, PA 17257-1397 ESTATE OF RUTH S. EATER, DECEASED RECEIPT, RELEASE AND REFUNDING AGREEMENT KNOW ALL MEN BY THESE PRESENTS, that I, the undersigned, for and in consideration of the sum of ONE THOUSAND DOLLARS ($1,000.00), the receipt of which is hereby acknowledged, as a full payment of my share of the said estate, pursuant to ITEM III of the Last Will and Testament of RUTH S. EATER, do hereby remise, release and forever quitclaim unto MARY E. MYERS, Executrix of the said estate, any and all manner of actions, causes of actions, debts dues, claims, etc., both at law and in equity against MARY E. MYERS in her capacity as Executrix and against the said estate or in any other capacity I had had, now have or ought to have for or by reason of the administration of the said estate to the date of these presents. And further, I agree that I will refund to said Executrix all sums up to the total value to be distributed hereunder should the same be or become necessary for the satisfaction of claims lawfully arising in the course of the administration of the said estate. IN WITNESS WHEREOF, I hereunto set my hand and seal, intending to be legally bound hereby and intending to bind my heirs and assigns, this ~ S day of May, 2009. WITNESS: Brett Eater ,EXHIBIT WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 1Z6 EAST KING STREET - SHiPPENSBURG, PA 17257-1397 ESTATE OF RUTH S. EATER, DECEASED RECEIPT, RELEASE AND REFUNDING AGREEMENT KNOW ALL MEN BY THESE PRESENTS, that I, the undersigned, for and in consideration of the sum of ONE THOUSAND DOLLARS ($1,000.00), the receipt of which is hereby acknowledged, as a full payment of my share of the said estate, pursuant to ITEM III of the Last Will and Testament of RUTH S. EATER, do hereby remise, release and forever quitclaim unto MARY E. MYERS, Executrix of the said estate, any and all manner of actions, causes of actions, debts dues, claims, etc., both at law and in equity against MARY E. M~'ERS in her capacity as Executrix and against the said estate or in any other capacity I had had, now have or ought to have for or by reason of the administration oi.' the said estate to the date of these presents. And further, I agree that I will refund to said Executrix all sums up to the total value to be distributed hereunder should the same be or become necessary for the satisfaction of claims lawfully arising in the course of the administration of the said estate. IN WITNESS WHEREOF, I hereunto set my hand and seal, intending to be j , legally bound hereby and intending to bind my heirs and assigns, this l day of May, 2009. WITNESS: WEIGLE & ASSOCIATES, P.C :>~ ''1' ~ r ~ ~' / Audrey Parker EXHIBIT - ATTORNEYS AT LAW - 126 EAST KING STREET - SHiPPENSBURG, PA 17257-1397 ESTATE OF RUTH S. EATER, DECEASED RECEIPT, RELEASE AND REFUNDING AGREEMENT KNOW ALL MEN BY THESE PRESENTS, that I, the undersigned, for and in consideration of the sum of ONE THOUSAND DOLLARS ($1,000.00), the receipt of which is hereby acknowledged, as a full payment of my share of the said estate, pursuant to ITEM III of the Last Will and Testament of RUTH S. EATER, do hereby remise, release and forever quitclaim unto MARY E. MYERS, Executrix of the said estate, uny and all mam~ner of actions, causes Qf actions, debts dues, claims, etc., both at law and in equity against MARY E. MYERS in her capacity as Executrix and against the said estate or in any other capacity I had had,. now have or ought to have for or by reason of the administration of the said estate to the date of these presents. And further, I agree that I will refund to said Executrix all sums up to the total value to be distributed hereunder should the same be or become necessary for the satisfaction of claims lawfully arising in the course of the administration of the said estate. IN WITNESS WHEREOF, I hereunto set my hand and seal, intendin to be legally bound hereby and intending to bind my heirs and assigns, this ~ day of May, 2009. WITNESS: WEIGLE & ASSOCIATES, P.C ~~ S Austin Myers EXHIBIT - ATTORNEYS AT LAW - 1Z6 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ~, ~ i, ~ IN RE: ESTATE OF RUTH S. EATER IN THE COURT OF COMMON PLEAS OF BOROUGH OF NEWVILLE :CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND COUNTY :ORPHANS' COURT DIVISION PENNSYLVANIA, DECEASED :ESTATE NUMBER 2009-00344 PA N0.21-09-0344 CERTIFICATE OF SERVICE I do hereby certify that on _ ~ ~ L~ 1 ~ , 2010, I served the Notice, First and Final Accounting, and Schedule of Proposed Distribution to each of the persons listed below by mailing a copy of the same by U.S. (Certified) First Class Mail, Return. Receipt Requested: Mary E. Myers 777 Oakville Road Shippensburg, PA 17257 Edison Eater 24 Loch Lomond Ct. Pinehurst, NC 28374 Robert M. Eater 18 Cobble Creek Drive Tannersville, PA 18372 Laurie L. Lengel 3987 Trail Way East Doylestown, PA 18901 Greg Eater 2328 Nottinghamshire Road Furlong, PA 18925 Date: ~ ~ l ~-- (~ o WEIGLE & ASSOCIATES, P.C. ~- _ ~.~~ Richard L. Webber, Jr. Attorney for Co-Executors 126 East King Street Shippensburg, PA 17257 (717) 532-7388 By: