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HomeMy WebLinkAbout05-6-10 DECEDENT'S ESTATE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA ~ ,~: ORPHANS' COURT DIVISION Q = `•-~~ ,: ~~ ~ ~ ii J ~ r= ESTATE OF Janet Cody , DECEASEI~j t~ ->r, •. .~ ~ No. 21-09-0292 ~t~- PETITION FOR ADJUDICATION / STATEMENT OF PROPOSED DISTRIBUTION 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 any; the papers required under items 8-19 inclusive; and any instrument pertinent to the adjudication. INCL UDE ATTACHMENTS AT THE BACK OF THIS FORM. Name of Counsel: Jerrold A. Sulcove, Esq. Supreme Court LD. No.: 92826 Name of Law Firm: Black and Davison Address: 82 West Queen Street Telephone: 717-264-5194 Fax: 717-264-7640 corm oc-ol rev. /0.!3.06 Page 1 of 10 Estate of Janet Cody 1. Name(s) and address(es) of Petitioner(s): Name: n/a Constance Lee Ericksen address: 2926 Constellation Drive Chambersburg, Pennsylvania 17202 Deceased Identify any executors or administrators who have not joined in the Petition for Adjudication and Statement of Proposed Distribution and state reason: Is this the first accounting by this fiduciary? ..................... ~ Yes 0 No If not, identify prior accountings, the accounting periods covered, and the date of adjudication of the prior accounting. 2. Decedent died on March 9, 2009 Letters Testamentary or Letters of Administration were granted to Petitioner(s) on March 26. 2009 Date of Will (if applicable): August 17, 2005 Date(s) of Codicil(s) (if applicable): n/a Date of probate (if different from date Letters granted): Was a bond required? ®Yes ~ No If yes, state amount: Are proofs of advertising of the grant of Letters attached? ......... /® Yes 0 No Dates of advertising of the grant of Letters: April 7, 10, 14, 17, 21 and 24, 2009 Form oc-ot rev_ 10.3.06 Page 2 of 10 Estate of Janet Cod Deceased 3. Was decedent survived by a spouse? ............................. DYes Q No If yes, name of the surviving spouse: 4. Has the surviving spouse filed to take an elective share? ............. ®Yes ~ 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 (if 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)? ........................................... Q Yes ~ No 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 0 No Form OC-01 rev. 10.13.06 Page ~ Of 1 ~ Estate of Janet Cody Deceased 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. 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): and Address a(Each Re Interest Frederick Cody 8145 Armiger Drive Pasadena, Maryland 21122 Robert W. Cody 8113 Armiger Drive Pasadena, Maryland 21122 25% of residuarv estate 25% of residuary estate Form OG01 rev. 10.13.06 Page 4 Of 10 Estate of Janet Cody Deceased Name and Address of Each Party in Interest ~ Relationship and Comments, if any ~ /nterest __ Cynthia Dawn Culp, now Daughter 25% of residuary Cynthia Dawn Cody estate 3621 Chadwick Court Pasadena, Maryland 21122 Constance Lee Ericksen Daughter 25% of residuary 2926 Constellation Drive estate Chambersburg, Pennsylvania 17202 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. 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). 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. Form OC-01 rev. 10.13.06 Page 5 of 10 Estate of Janet Cody ,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? Yes Q Yes ONo ~ No Yes ~ Yes ~No Q No Yes 0 Yes ONo Q No Yes Q Yes ONo 0 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? ................................ DYes ~/ No Was family exemption allowed? ................................ DYes /©No Family exemption claimant's name and relationship: Name: Relationship: Form OC-Ol rev. lo.r3.o6 Page 6 of 10 Estate of Janet Cody 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 /nterest June 1, 2009 4,500.00 .00 September 14, 2009 564.97 .00 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? ................... Q 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: B. Has notice of the question requiring adjudication been given to the parties identified in Paragraph 9 above? .................. ~ Yes 0 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 OGOl rev. !0.13.06 Page 7 Of 1O Estate of Janet Cody Deceased 16. Had the decedent been adjudicated an incapacitated person? .......... ~ Yes 0/ 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 18. If a reserve is requested, state amount and purpose. 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? ........................................ Yes /® No Farm oc-ni rev. ~o.r3.o6 Page 8 of 10 Estate of Janet Cody 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 Distrtbutee(s) B. Principal: Proposed Distributee(s) Frederick Cody Robert W. Cody Cynthia Dawn Culp, now Cynthia Dawn Cody Constance Lee Ericksen Amount/Proportion Amount/Proportion 25% of residuary estate 25% of residuary estate 25% of residuary estate 25~ of residuary estate Submitted By: (All petitioners must sign. Add additional lines if necessary): Name of Petitioner: Constance Lee Ericksen Name of Petitioner: Form oc-or rev. lo.~~ 06 Page 9 of 10 Estate of Janet Cody Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that he~she is Deceased of the above-named name of corporation and] 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). * Corporate petitioners must complete bracketed information. Signature of Petitioner 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. a ----~ Sig Lure of Coun el for Petitioner Form OC-0/ rev. 10.13.06 Page l 0 Of 1 ~ In the Court of Common Pleas of the 9th Judicial District of Pennsylvania, Cumberland County Branch, Orphans' Court Division File No. 2009-00292 Estate of Janet Codv. Deceased Late of Township of West Pennsboro First and Final Account of Constance Lee Ericksen, Executrix t _~ .~.,. --c u `~,~ c7, ~~© ~ o~c, .:~: ~~ o .c- Date of Death: 03/09/2009 Date of Incapacity, if any: None Date of Executrix's Appointment: 03/26/2009 Date of First Complete Advertisement: 04/0712009 -~--,- ;, - r,;- -*-j ~.X ~ 1_+ ,,.,,~~, __ '.~_ l ~' ~_ a-- Tri ~ ~~ ~~ "r7 Accounting for the period: 03109/2009 to 04/21/2010 Purpose of Account: Constance Lee Ericksen, 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: Jerrold A. Sulcove Esq. Black and Davison 82 West Queen Street Chambersburg, PA 17201 717-264-5194 Supreme Court I.D. No. 92826 SUMMARY OF ACCOUNT Estate of Janet Cody, Deceased For the Priod of h"arch $, 2009 through Anril 21,010 PAGES PRINCIPAL Receipts: This Account Net Gain (or Loss) on Sales or Other Dispositions 3 88,644.58 Less Disbursements: Debts of Decedent Funeral Expenses Administration Expenses Federal, State & Local Taxes Commissions Fees Family Exemption Balance Before Distributions Transfer to (from) Principal Distributions to Beneficiaries Principal Balance on Hand For Information: Investments Made Changes in Holdings 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 Holdings COMBINED BALANCE ON HAND Signature Verification 0.00 88,644.58 4 1,905.85 5 5,299.00 5 - 6 1,213.58 6 5,064.97 g 4,107.00 6 4,107.00 0.00 21,697.40 66,947.18 0.00 7 - 8 64,034.00 2,913.18 9 10 - 11 15.30 0.00 15.30 0.00 15.30 0.00 0.00 15.30 12 14 14 2,928.48 Assets Listed in Inventory (Valued as of Date of Death) SCHEDULE A RECEIPTS OF PRINCIPAL BSI] Adams County National Bank checking account 4,490.65 #2263440 -date of death value Accrued interest on above item through date of o.05 death Adams County National Bank savings account 5,155.60 #9000152941 -date of death value Accrued interest on above item through date of 0.57 death Life insurance -paid to estate 4,719.51 Presbyterian Homes -refund on cottage Green 65,716.98 Ridge Village State Employees Credit Union of MD, Inc. 4,709.05 checking account #8000961493 -date of death value State Employees Credit Union of MD, Inc. 18.17 savings account #8000961485 -date of death value Total Cash Personal Pro~ertT Personal property - as per attached appraisal 3.834.00 Total Personal Property Total Receipts Fiduciary Acquisition Value 84.810.58 3.834.00 88.644.58 Total Receipts of Principal 88.644.58 -3- SCHEDULE C DISBURSEMENTS OF PRINCIPAL AARP Medicare Rx 04/02/2009 debt of decedent 34.80 34.80 Adams County Nationa l Bank checking account #2263440 03/2712009 checks written prior to death but presented for 1.398.95 payment after death 1.398.95 AT&T Universal Card 04/02/2009 debt of decedent 93.67 93.67 Newville Community A 06/12/2009 mbulance debt of decedent 130.00 130.00 Pennsylvania Departm 04/09/2009 ent of Revenue 2008 PA40 tax due 153.00 153.00 PPL Electric 04/02/2009 debt of decedent 95.43 95.43 Total Debts of Decedent 1.905.85 -4- SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued Stalli s Funeral Ho 04/0612009 me funeral expense 5.299.00 5.299.00 Total Funeral Expenses Administration Ex e~ nses 5.299.00 Black and Davison 09114/2009 administration expenses advanced 246.80 09114/2009 reserve for closing costs 300.00 546.80 Constance Ericksen 05/19/2009 reimbursement for probate fee paid, notary fee 325.00 and personal property appraisal fee 325.00 Cumberland County 09/14/2009 Register of Wills additional letters 120.00 120.00 PPL Electric 04/13/2009 miscellaneous expense 34.24 34.24 The Sentinel 04/29/2009 legal notice 187.54 -5- SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued 187.54 Total Miscellaneous Administrative Expenses 1.213.58 Federal, State, and Local Taxes Cumberland County Register of Wills 06101/2009 Pennsylvania Inheritance Tax discount payment 4.500.00 09114/2009 Pennsylvania Inheritance Tax balance paid with 564.97 return 5.064.97 Total Taxes Constance Ericksen 09/1412009 executrix fee 5.064.97 4.107.00 4.107.00 Total Commissions Fees Black and Davison 09/14/2009 attorney fee 4.107.00 4.107.00 4.107.00 Total Fees TOTAL DISBURSEMENTS OF PRINCIPAL 4.107.00 21.697.40 -6- SCHEDULE D DISTRIBUTIONS OF PRINCIPAL c 04/16/2009 Partial cash distribution -contribution to church 04/1612009 Personal property -contribution to Green Ridge Village 0 411 612 0 0 9 Personal property -distribution 10/01/2009 Partial cash distribution Cynthia Dawn CuIR. now Cynthia Dawn Codv 04/16/2009 Partial cash distribution -contribution to church 04/16/2009 Personal property -contribution to Green Ridge Village 04/16/2009 Personal property -distribution 10/01/2009 Partial cash distribution Frederick Codv 04/16/2009 04/16/2009 04/1612009 1010112009 Robert W. Codv 04/16/2009 04116/2009 04/16/2009 10/01/2009 Partial cash distribution -contribution to church Personal property -contribution to Green Ridge Village Personal property -distribution Partial cash distribution Partial cash distribution -contribution to church Personal property -contribution to Green Ridge. Village Personal property -distribution Partial cash distribution 50.00 333.50 625.00 15.000.00 50.00 333.50 625.00 15.000.00 50.00 333.50 625.00 15.000.00 50.00 333.50 625.00 15.000.00 16.008.50 16.008.50 16.008.50 -7- SCHEDULE D DISTRIBUTIONS OF PRINCIPAL Continued 16.008.50 TOTAL DISTRIBUTIONS TO BENEFICIARIES 64.034.00 -8- SCHEDULE F CHANGES IN PRINCIPAL HOLDINGS 03/09/2009 04/16/2009 04/16/2009 04/16/2009 04/1612009 04/16/2009 04/16/2009 04/16/2009 04/16/2009 inventoried distributed distributed distributed distributed distributed distributed distributed distributed 3.834.00 -333.50 -333.50 -333.50 -333.50 -625.00 -625.00 -625.00 -625.00 Total 0.00 o.oo -9- SCHEDULE G RECEIPTS OF INCOME Adams Coun~,y Natio nal Bank checking account #2263440 03/27/2009 interest 0.12 0.12 Adams County Natio nal Bank savings account #9000152941 03/2712009 interest 0.33 0.33 M8~T Bank estate ch ecking account #9845214007 04127/2009 interest 0.39 05/21/2009 interest 0.49 06/26/2009 interest 0.66 07/27/2009 interest 3.07 08/27/2009 interest 3.07 09125/2009 interest 2.81 10/27/2009 interest 2.63 11/27/2009 interest 0.32 12124/2009 interest 0.11 01/27/2010 interest 0.13 02/26/2010 interest 0.05 03/26/2010 interest 0.02 13.75 tat m I{Loyees Cr edit Union of MD. Inc. checking account #8000961493 04104/2009 interest 1.10 1.10 TOTAL BANK INTEREST 15.30 -10- c~nnsi~~~ ga~.A~vc~ o~ Ha~~ # Units Description Current Value 04/21/2010 or as Noted Fiduciary Acquisition Value 2.928.48 2.928.48 Cash M T Bank estate checkin #9845214007 2.928.48 Total Cash 2.928.48 2.928.48 2.928.48 -12- PROPOSED DISTRIBUTION TO BENEFICIARIES Constance Lee Ericksen Cash 732.12 Cynthia Dawn Culp, now Cynthia Dawn Cody Cash 732.12 Frederick Cody Cash 732.12 Robert W. Cody Cash 732.12 TOTAL PROPOSED DISTRIBUTIONS TO BENEFICIARIES ................ 2,928.48 -13- COMMONWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN SS AFFIDAVIT Constance Lee Ericksen, Executrix under the Estate of Janet Cody, deceased, hereby declares under oath that she has fully and faithfully discharged the duties of her office; that, except as set forth herein, 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, and that to her knowledge, there are no claims now outstanding against the Estate; that all taxes presently due from the Estate have been paid; and that more than four months have elapsed since the first complete advertisement of the granting of letters in this Estate. Subscribed and sworn to by Constance Lee Ericksen, Executrix, before me this ,~~ day of 2010. Notary Public NOTARIAL 8EAt NIALINOA E BOWERB Notary PuWk CHAMBERS6UR6 BOROIKiII, FRANKLIN CNTY Mhr Colon EM/int Ap pt.1011 ~~~ Constance Lee Ericksen, Exec- utrix -14- -~~ ~_:; <'~ , J ~_ ~ _' R) O F ` ` ~~ JANET CODY = T I, JANET CODY, of Anne Arundel County, State of Maryland, being of sound and disposing mind, memory and understanding, do hereby I make, publish and declare this as and for my Last Wili and Testament, hereby revoking any and all Wills and Codicils ~y me heretofore made. ITEM FIRST I hereby direct my Personal Representative or Personal Representatives, hereinafter referred to in the singular neuter, to pay and to expend such sums for my funeral and burial and for the erection of a suitable stone or marker at my grave as it, in its discretion, may deem proper, without the necessity of obtaining an order of Court approving the payment of any such expenses. ITEM SECOND A.t the fi.ime of the execution of this Will, I am currently unmarried and I have four (4) children, namely, my children, CONSTANCE LEE ERICKSEN, ROBERT W. CODY, FREDERICK CODY and CYNTHIA DAWN CULP. ITEM THIRD All of the rest, residue and remainder of my estate, real, personal and mixed, of every kind and description and wheresoever situate, which I may own or be entitled to, including all such property over which I have or may have at the time of my death, power of appointment or testamentary disposition, I hereby dispose of in the manner following: A. In the event my grandson, JOSHUA M. THOMPSON, is still residing with me at the time of my death, he shall have the right to continue to reside at my real property known as 8115 Armiger Drive, Pasadena, MD 21122 for a period of six (6) months after the date of my death. In the event my grandson, JOSHUA M. THOMPSON, is not residing with me at the time of my death or at the expiration of six month period after the date of my death, then the aforesaid real property `~ Xti In;~tials shall be disposed of as set forth in paragraph B. B. I give, devise, bequeath and appoint the entire rest, residue and remainder of my estate unto my children, CONSTANCE LEE ERICKSEN, ROBERT W. CODY, FREDERICK CODY and CYNTHIA DAWN CULP, in equal shares, share and share alike. In the event any of my children should predecease me, then I give, devise, bequeath and appoint that child's share unto my surviving children, in equal shares, share and share alike. ITEM FOURTH The powers and discretions hereinafter granted to my Personal Representative are in addition to, and not in derogation or limitation of, any other powers implied or necessary for the performance of the duties of. my Personal Representative, and all such powers may be exercised by my Personal Representative without previous application to or subsequent ratification by any court. I hereby expressly authorize and empower my Personal Representative in its sole and absolute discretion: A. To invest and reinvest the assets of my estate in accordance with its judgment, not being limited by any present or future investment law; to vote in person or by proxy with respect to any and all stocks; to retain all property in the form in which the same shall be received without liability for any loss that may be incurred thereby; to sell real estate or personal property, either for cash or part cash and part deferred payments; to exchange, lease, partition, improve, repair, abandon or otherwise deal with or dispose of, at either public or private sale, all or any part of the assets of my estate at sl1Ch time Or times and in SUCK manner and Upon ;~.aCri tE'rmS as in the discretion of my Personal Representative may seem expedient and proper; to borrow money on the general credit of my estate and to pledge or mortgage any of the assets of my estate as security for the repayment thereof, and to renew from time to time any indebtedness incurred by me or by my Personal Representative for my estate to pay, settle, compromise, or submit to arbitration without court order any ..; ._ yc~J, 2 Iri tials and all rights, demands or claims, either in favor of or agains_ my estate, upon such terms as in its discretion shall seem prod>e~r; to employ counsel in the administration of my estate and to charge :L11 such counsel fees as estate administration expenses ar~d riot as a diminution of the compensation which my Personal Representative may be allowed; to make execute and deliver any and all instruments in writing which shall be necessary or advisable to carry out the administration of my estate or any disposition of property in my estate. B. In any case in which my Personal Representative may he required pursuant to any provision of this Will to divide the ~._i_nci_pal of my estate into shares or to distribute such shares, it is authorized to make such division or distribution in kind or in money, or partly in kind and partly in money; and for the purpose thereof, the judgment of my Personal Representative shall be conclusive. C. My Personal Representative, while acting in good faith, shall not be liable for any loss or depreciation in the value of my estate hereunder but shall be liable only for loss or depreciation resulting from its own willful default or gross negligence. ITEM FIFTH I appoint my daughter, CONSTANCE LEE ERICKSEN, and my son, ROBERT W. CODY, to be my Co-Personal Representatives and I direct that they serve without bond. I authorize my Personal Representative to exercise all powers conferred upon it by law, together with those hereinbefore conferred, without application to any court under whose jurisdict.i_on it may administer my estate. I further direct that all estate, inheritance and succession taxes whatsoever (including interest and penalty thereon, if an.yl, payable with respect to any property includible in my gross estate or taxable by reason of my death, whether or not such property passes or has passed under this, ~~~y Tsdili, and whether such taxes are otherwise payable by my estate or by the recipient of any such property, shall be paid out of the principal of my residuary estate to the end that no one shall be required or called upon by my Personal Representative to -; ,-°, 3 Initials contribute to the payment of any such taxes. ITEM SIXTH Wherever I have provided in this, my Last Will and Testament, that any property shall go to a person upon the condition that the said person is living at the time of my death, or that said person shall survive me, or words to that effect, I now hereby provide that if such person shall die within thirty (30) days after the date of my death, then said property shall in such event go and vest in the same manner as if each such person dying had predeceased me. IN WITNESS WHEREOF, I have hereunto subscribed by name and affixed my seal, this ,~ ! day of .,~';;r,.~,~; ."~ , '1~ ~~ 2005. ~'-. C ~ ,. -j,. (SEAL) JANET CODY %`'~ Social Security No. x ~~-.-,~.- :~~' -` ;' SIGNED, SEALED. PUBLISHED and DECLARED, by the above named Testatrix, JANET CODY, as and for her Last Will and Testament, in the presence of us, who, at her request, in her presence, and in the presence of each other, have hereunto subscribed our narn,~s as witnesses. ,;, t~ '~ ,fit / ~ I f Signature: ~ ',r;'c~.- f~~°g~ ,,~. ~r.'~_-"~-~~~'~--'" .~ Print Name: Bernadette S. Gesser Address: 2634 Mountain Road Pasadena, MD~' 21122 S .i gn a t ~.. r e . ,,,~ ~:». .. ~, . r~ / L ~ Print Name: Thomas J. Aversa, Jr. Address: 2634 Mountain Road Pasadena, MD 21122 .~ ; .: t-..,ri` 4 L l Initials PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Erica Peterson, Classified Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13,1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): April 7, 2009 Apri114 2009 and April 21, 2009 COPY OF NOTICE OF PUBLICATION EXECUTR~X N TI , Notice is hereby given that Letters Testamentary of'the Estate of JANET CdDY, of West Pennsbrrro Townsh~ Cumberland County Pennsylvania, deceased, have been grantedto the Executrix named h6cetn and she requests all persorre fiaving claims against s9id estate to make krtdwn the same to her or her attorney apd all persons indebted to said decedent to make payment to her without delay. Cdnstance Lee Erick~en, Executrix, ~ 2926 Constelletion tSrive ChamberSburg, PA 17202 Jerrold A. Sulcove, Esquire 82 W eat Queen Street Chambersburg, PA 17201 Attorney. Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. ~~~ l~ ~~ Notary Public Sworn to and subscribed before me this ~~~ - ~ q My commission expires: MONWEALTHOF~PF~NN~YiLV N1A NOTARIAL SEAL EAMBI ANN HECKENDORN; Nolery Rl'bNc Camp Hill Boro., Cumbarte~'td CauntY Commission Expires January 27, 2010 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 10 Apri117 and A~ri124 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. Cody, Janet, deed. Late of West Pennsboro Town- ship. Executrix: Constance Lee Erick- sen, 2926 Constellation Drive, Chambersburg, PA 17202. Attorney: Jerrold A. Sulcove, Es- quire, 82 West Queen Street, Chambersburg, PA 17201. lsa Mane Coyne, Edlto SWORN TO AND SUBSCRIBED before me this 24_day of April, 2009 ~- - Notary NOTARIAL SEAL DEr?.C%f?t~,H A COLLINS N7#ar~ Pub11C CA~?iiSLE BORO, CUMfiE~LAND COUVI~l My Cu,nmissi~n Eupirea Apr 28, 2010 ........~ ~.__ _.... ~~~,.~.,a.,.~.a.~. BACK AND DAMSON Attorneys-at-Law 82 West Queen Street Charlbersburg, PA 17201 Robert C. Schollaert (717) 264-5194 Jan G. Sulcove Elliott B. Sulcove Jerrold A. Sulcove Estate of Janet Cody RE: General DATE EXPENSE 03/25/09 Cumberland County Register of Wills -probate fee 03/26/09 Travel expense 03/27/09 Cumberland County La~v Journal -legal notice Total of New Expenses: AMOUNT 130.00 41.80 75.00 246.80 ACCOUNT SUMMARY PREVIOUS BALANCE: $0.00 NEW SERVICES: $0.00 NEW EXPENSES: $246.80 NEW PAYMENTS: $0.00 TOT. CURRENT PERIOD: $246.80 CURRENT BALANCE: $246.80 PAGE 1 BILLING DATE: 09/14/09 ACCT NO.: JAS-18251.01 Please write the above account number on your check and make your check payable to Black and Davison "THAI~TK YOU" Estate of Janet Cody File No. 21-09-0292 Interested Parties Receiving Notice of Audit Frederick Cody Robert W. Cody Cynthia Dawn Culp, now Cynthia Dawn Cody Constance Lee Ericksen 8145 Armiger Drive Pasadena, Maryland 21122 8113 Armiger Drive Pasadena, Maryland 21122 3621 Chadwick Court Pasadena, Maryland 21122 2926 Constellation Drive Chambersburg, Pennsylvania 17202