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HomeMy WebLinkAbout03-0002 PETITION FOR PROBATE and GRANT OF LETTERS Estate of David E. Helm No. also known as To: - Register of Wills for the ~ Deceased. County of CUMBERLAND in the Social Security No. 172-36-2188 Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older an the execut, or named in the last will of the above decedent, dated File 26 , 19. 98 and codicil(s) dated January 4, 2002 (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decendent was domiciled at death in Cumberland _ County, Pennsylvania, with 1144 RocJ~lectge ~3rJ_ve, h is last family or principal residence at Carlisle PA 17013 (list streeq number and muncipality) Decendent, then 57 .yea.rs of. age, died December 7, ,~. 2002 at TkornwaIa Home, car±is±e, PA;..~o~,~_~ ~,G~t~7/el/c,,~ t~,~h. ' Except as lbllows, decedent did not marry, was not divorced and did not have a [hild born or adopted after c,ecution of the will offered for probate; was noi the victim of a killing and was never adjudicated incompetent: Decendent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property $40,000 (If not domiciled in Pa.) Personal property in Pennsylvania $ (If not domiciled in Pa.) Personal property in County $ Value of real estate in Pennsylvania $80,000 situated as follows: 1144 Rockledg-e Drive, Carlisle PA 17013 WHEREFORE, petitioner(s) respectfully reqq.est(.s) the .probate of the last will and codicil(s) presented herewith and the grant of letters__ 'x'es~:a/nem:ary t thcron. Itestamentary; administration c.t.a.; administration d.b.n.c.t.a.) OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA 3 COUNTY OF .CUMbeRLAND f ss The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are true and correct, to the best of the knowledge and belief of petitioner(s) and that as personal represen- tative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed r ~F~o~P-Oc~>-&-,~_/C_ co before me this 31st ~ _~ day of J ~?O. ~ ~9~ _ ~' STATUS REPORT UNDER RULE 6.12 Date ofDeath: /9/~7/0 o,Q, Pursuit to Rule 6.12 of the Supreme Cou~ OChans' Com~ Rules, I repo~ the following with respect to completion of ~e ad~stration of the above-captioned estate: 1. State whether a~stration of the estate is complete: 2. If~e answer is No, state when the person~Rresentative rea~na¢I~believes that the a~s~ation will be complete: ~bFa~ ~00~, 3. ~e answer to No. 1 is Yes, state the followMg: a. Did the personal representative file a ~al accost with ~e Coum? Yes _ No ~ b. The sep~ate O~h~s' Corot No. (iffy) for the personal representative's accost is: c. Did the personal representative state an account informally to the parties in interest? Yes [--] No ~] c. Copies of receipts, releases, oinders and approval of formal or informal accounts may be ff ~ with the Cleric o,f the Orphans' Court and may be attached to thi/~'t. "] X "' Address ! t j ~ :~ Telephone No. ~ .,' ,.-_. Caaacity: ~Personal Rearesentative L__I Counsel for personal representative No. Estate of David E. Helm , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW ,IANIIARY ?, ?005 J~.X , in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated February 26, 1998 and January 4, 2000 described therein be admitted to probate and filed of record as the last will of David E. Helm ; Testamentary and Letters are hereby granted to Orrstown Bank { Register of Wills codicil 10.50 FEES James D. Flower, Jr., Esquire #27742 Probate, Letters, Etc .......... $ Short Certificates( ) .......... $. ! 5.00 ATTORNEY (Sup. Ct. I.D. No.) ~~ .~r~..,O0g~5... $18.00 26 West High Street, Carlisle PA 17013 ,j c p $. 10. O0 ADDRESS TOTAL __ $.~88.~0 (717) 243.6222 Filed 1-9.-2003 This is to certify that the information here given is correctly copied fi'om a, original certificate (fi' death duly filed with mc :is l,ocal Registrar. The original certificate will be-for~vardcd to thc State \/ital ' ,-' ' x~c(, ds ()f}]¢c l*or pcrn'wmcnt, filin~. WARNING: It is illegal to duplicate this copy by photostat or photograph. HmS.:~ R~. Wa7 COMMONWEALTH OF PENNSYLVANIA · DEPARTMENT OF HEALTH * VITAL RECORDS ,.~ CERTIFICATE OF DEATH ~ ,. David E. Helm s~x , ~le J, 172 36 2188 ~ - ' ' ' [ ' I~y 29,19451 Ne~llle PA I i~ [~ e ~CE~'S U~ ~U~ [ ~O ~ ~SINES~N~STRy [ ~CE~NT EVER tN ~C ............... 15 ]~t wnlce ,,, ~ster Pl~r I Plain- and Heat 11~ R~kl~e ~ive ~. ,~..~ PA ~rlisle PA 17013 ~-='s ~ ~__e,;~ ["- Ethel H~kersmith ~ ~vld B'. Helm ~~,. 1__ t~~e~ve, ~rlisle PA 17013 ~. ~ ~ ...... o ~,..o [~T~V "'~ , ~ /~/7 ],,.~ce~r [2, =~= L,~r~and Valley Mem. G~at ~rlisle PA 17013 ---~--- ~ ~ ~~ · . ..~,~ ,,.~ ........ ' .......................................... ' " ...... ~""~'.1~?tYtY~5t.t~ o aO3 N. BALTIMORE AVL ~. ' ~. ~, ~, t ,& t ~ oJ ....... o .... '~,~LC ~ a~NlNGS, PA 17065 21-o5-2. CODICIL OF DAVID E. HELM I, DAVID E. HELM, the within named Testator, do hereby make and publish this Codicil of my Last Will and Testament dated February 26, 1998. FIRST I hereby amend the SECOND provision of said Will to provid, as follows: I give, devise and bequeath all the rest, residue and remainder of my estate to The Bethel Assembly of God, 1412 Holly Pike, Carlisle, Cumberland County, Pennsylvania. In all other respects I hereby ratify, confirm and republis~ my Last Will dated February 26, 1998 together with this sole Codicil as and for my Last Will. IN WITNESS WHEREOF, I, DAVID E. HELM, have hereunto set my hand and seal to this Codicil to my Last Will and Testament this ~ day of J~~ , 2002. SHUFF, FLOWER David E. Helm & LINDSAY ATTOI~E~,AT,~W 26W. Hi§h Street ~rlisle, PA Signed, sealed, published and declared by the above-named David E. Helm, as and for a Codicil to his Last Will and Testament in the presence of us, who have hereunto subscribed our names at his request as witnesses thereto, in the presence of said Testator and of each other. ~J~t~t6q_, ~ ~'-i~,~~/~.~ ADDRESS ~=)~ ~L~,~ ~/-~ ~ ~/" SAIDIS SHUFF, FLOWER & LINDSAY ATtORNEYS,AT,LAW 26 W. High Street Carlisle, PA COMMONWEALTH OF PENNSYLVANIA: : SS COUNTY OF CUMBERLAND : WE, DAVID E. HELM, JOHNNA J. KOPECKY and T~ESA J. BURKHOLD~ , the Testator and witnesses, respectively whose names are ~igned to the foregoing or attached instrument, being first duly sworn, do hereby declare to the undersigned authority that the restator signed and executed the instrument as his Codicil and zhat he signed willingly and that he executed as his free and zoluntary act for the purposes therein expressed, and that each of ~he witnesses, in the presence and hearing of the Testator ~igned the Codicil as witness and that to the best of their ~nowledge the Testator was at the time 18 or more years of age, of ~ound mind and under no constraint or undue influence. David E. Helm, Testator / J./yo-pecky, W~D4~ess 7~a~ .J ~~:~)~., Witness Subscribed, sworn to and acknowledged before me by David E. [elm, the Testator, and subscribed to and sworn or affirmed to ,efore me by Johnna J. Kopecky and and Teresa J. Burkholder SAIDI$ 'itnesses, this 4th day of January ,2002. & LINDSAY ATFORNEYS*AT,LAW 26 W. High Street Carlisle, PA LAST WILL AND TESTAMENT OF DAVID E. HELM 21-05 I, DAVID E. HELM, of Carlisle, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this as and for my Last Will and Testament, hereby revoking all other Wills and Cod~ci!s heretofore made by me~ FIRST I direct the payment of my just debts and expenses of my last illness and funeral from my estate as soon after my death as conveniently may be done. If there be no cemetery lot available  for my interment owned by me at the time of my death, I authorize my personal representative to purchase such cemetery lot with a contract for perpetual care, using therefore funds from my estate in such amount as he shall consider necessary and desirable, and I authorize my personal representative to cause title to or ownership of such lot so purchased to be vested in such person as my personal representative shall designate. c~.~=~^~-, i authorize mv~ ~ersonai representatiYe to expend funds from my estate, in such amount as my personal representative shall consider necessary and desirable for the SAIDIS, GUIDO, SHUFF& purchase, erection and inscription of a suitable marker for my MASLAND 26 w. High Sff~t grave. C~lisle, PA S E COND I give, devise and bequeath a].l the rest, residue and remainder of my estate to THE WORLD MISSIONS OF FINDLAY, OHIO, or their successors and assigns. THIRD I direct that any and all inheritance, estate, and transfer taxes imposed upon my estate passing under this Will or otherwis~ shall be paid out of the principal of my residuary estate. FOURTH In addition to the powers conferred by law, I authorize any pers©n~! representative acting under this instrument, in his/her absolute discretion: (a) To retain in the form received, or to sell either at public or private sale any real or personal  property; (b) To exercise any options to subscribe for stocks, bonds, or other investments. (c) To join in any plan of lease, mortgage, consolidation, exchange, reorganization or foreclosure of any corporation in which my estate or any trust may hold stocks, bonds or other securities; (d) To sell, transfer, convey, mortgage, pledge, lease or exchange any proDe~ty, real cr personol, which at any time may form part of my estate, for the payment of debts or taxes, or for any purpose of administration SAIDIS, GUIDO, or distribution, for such prices and upon such terms $~3FF& MASLAND as my personal representative, in his/her sole discretion, 26 W. High S~t C~isl¢, PA may deem wise, and to execute and deliver deeds of conveyance or transfer thereof; (e) To make settlements and compromises on such terms as my personal representative in his/her sole discretion may deem wise without the necessity of obtaining any court approval thereof; (f) To make distribution hereunder either in cash or kind, as my personal representative in his/her discretior may deem wise. FIFTH I do hereby nominate, constitute and appoint ORRSTOWN BANK or their successor and assigns, to act as Executor of this my Last Will and Testament. SIXTH I direct that no personal representative, guardian, trustee or other fiduciary appointed under this instrument shall be required to give bond for the faithful performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I, DAVID E. HELM, have hereunto set my hand and seal to this my Last Will and Testament, consisting of three (3) typewritten pages, the first two (2) of which bear my signature in the margin for identification, this ~b~-day of DAVID E. HELM SAIDIS, GUIDO, SHUFF & MASLAND 26 W. High S~eet C~lisle, PA Signed, sealed, published and declared by the above-named DAVID E. HELM, as and for his Last Will and Testament in the presence of us, who have hereunto subscribed our names at his request as witnesses thereto, In the presence of said Testator and of each other.  ADDRESS ~ /A], /')~.. G/~ ~ CO~O~~ O~ ~~V~ CO~TY OF C~BERL~D : WE, DAVID E. HELM,Johnna J. Deily and Renee L. Murray , the Testator and witnesses, respectively whose names are signed to the foregoing or attached instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his Last Will and Testament and that he signed willingly and that he executed as his ~ree and voluntary act for the purposes therein expressed and that each of the witnesses, in the presence and hearing of S~S, GU~O, S~ ~ MASLAND 26 W. High S~¢t C=lisl¢, PA the Testator signed the Will as witness and that to the best of their knowledge the Testator was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. DAV~~ l~enee ~.. mmrrray Witness Subscribed, sworn to and acknowledged~fore me by DAVID E · HELM, the Testator, and subscribed to and sworn or affirmed to before me by Johnna J. Deil and Renee L. Murray witnesses, thi~Jday of J~/~z~,~-~ , 1998. No~. r~ Publi~ ~ / JOAN ~. ! CA~,~,~I.E [;;7~, ~ MY COMMI,~5i..'.;~'; ~:;. ~..,!.~ SAIDIS, GUIDO, SHUFF & MASLAND W. High Street Carlisle, PA H~.qH ' ~ AO FAX TRANSMITFAL CA1,L ('? 17) 240-6345 FROM: Count5, of Cumberland One Courthouse Square Carhsle, PA 17013-3385 FAX # (717) 240-7797 I'A(]E ',}Nt,< ()1" q .... PETITION TO CONTEST WILL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY In RE: Estate of Orphan's Court Division David Eugene Helm No. Deceased I hereby contest the last will and testament of David Eugene Helm, who died on Saturday, December 7, 2002 at Thornwald Home, Carlisle, and was last domiciled at death in Cumberland County, Pennsylvania. Reason for such request PA-Probate and Estate 3rd Edition 8-4 Undue Influence, Hurt Will, 406 PA 612, 179A.2d 436 (1962) I verify that the statements made herein are true and correct and understand that false statements herein are made subject to the penalties of 18 Pa. C. S. A. § 4904 relating to unsworn falsification to authorities. Dated: March 07, 2003 David Bryon Helm 1444 Rockledge Drive PO Box 992 Carlisle, PA 17013 Petition To Contest the 2nd to Last Will In The Court Of Common Pleas Of Cumberland County In RE: Estate of Orphan's Court Division David Eugene Helm No. 21-03-0002 Deceased I hereby contest the 2nd to last will and testament of David Eugene Helm, who died on Saturday, December 7, 2002 at Thomwald Home, Carlisle, and was last domiciled at death in Cumberland County, Pennsylvania. Reason for such request is because David Eugene Helm was not of Sound Mind to make such a will. I verify that the statements made herein are true and correct and understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Dated: March 20,2003 David Bryon Helm 1144 Rockledge Drive PO Box 992 Carlisle, PA 17013 · Amendment to Add New Matter In The Court Of Common Pleas of Cumberland County In RE: Will Contest Orphan's Court Division of David Eugene Helm No 21-03-0002 I hereby petition this Court to add New Matter to Will Contest that was filed in the Court of Common Pleas on March 7th, 2003. In addition to the Undue Influence,I also petition this court to Add Sound Mind to the Contest of the Last Will and Testament of David Eugene Helm who died on Saturday,December 7, 2002 at Thornwald Home,Carlisle,and was last domiciled at death in Cumberland County,Pennsylvania. I verify that the statements made herein are true and correct and understand that false statements herein are made subject to penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification of authorities. Dated: May 15,2003 David Bryon Helm 1144 Rockledge Drive 6~ 0[~ 9 [ ),~/[4 ~0. Carlisle,PA 17013 Amendment To Correct Address In The Court Of Common Pleas of Cumberland County In RE: Will Contest Orphan's Court Division of David Eugene Helm No 21-03-0002 Due to the inadvertence of the counsel, I hereby petition this Court under Pa.R.C.P. 1033 to correct an address. The plaintiffs correct address should read David Bryon Helm, 1144 Rockledge Drive, Carlisle, Pennsylvania 17013. I verify that the statements are made herein are true and correct and understand that false statements herein are made subject to penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Dated: March 20,2003 David Bryon Helm 1144 Rockledge Drive PO Box 992 Carlisle, PA 17013 ORRSTOWN BANK : IN THE COURT OF COMMON PLEAS OF Executor of the Estate of: CUMBERLAND COUNTY, PENNSYLVANIA DAVID E. HELM, : 03-1700 CIVIL TERM Plaintiff : V : ORPHANS' COURT DIVISION : 21-03-0002 DAVID BRYON HELM, : Defendant : IN RE: PRETRIAL CONFERENCE A pretrial conference was held before the Honorable George E. Hoffer, President Judge, on Wednesday, August 27, 2003. David E. Helm died on December 7, 2002. Pursuant to his will in the possession of Orrstown Bank, Orrstown Bank took out Letters of Administration on January 2, 2003. As a part of that administration, Orrstown Bank took over the home property of David E. Helm at 1144 Rockledge Drive, Carlisle. In the course of administrating the estate, or before, the decedent's son, David Bryon Helm, moved into this property. Orrstown Bank brought an eviction proceeding against David Bryon Helm to the above-captioned number. The proceeding in front of the district justice resulted in an order evicting David Bryon Helm from the premises and David Bryon Helm has appealed that ruling to Common Pleas Court. The Helm estate has been opened in Orphans' 03-1700 Civil Term 21-03-0002 Orphans' Court In Re: Pretrial Conference Page 2 Court at 21-03-0002. Concurrent with D. B. Helm's appeal of the eviction, he has attempted to contest the will of his father, claiming that the father was either incompetent to make the last will or unduly influenced by the primary beneficiary of the will. These claims have been commingled with his defense of the eviction proceeding. The bank is represented by James D. Flower, Jr., Esquire, and David Bryon Helm appears pro se. Mr. Flower indicates that the normal procedure would be that the Register of Wills could hold an informal or formal hearing on the contest of the will by David Bryon Helm. Mr. Flower indicates he is willing to waive any imperfections in the pleadings so the Common Pleas Court could hold one hearing to resolve whether the will is proper and, two, whether the ejection is proper. In questioning David Bryon Helm, he agrees to this procedure. The Court directs Mr. Flower to prepare a proper stipulation handling this. The case had primarily been before the court today for pretrial conference on the viability of defendant's eviction from the household premises, but the court will agree to hear the eviction proceeding at the same 03-1700 Civil Term 21-03-0002 Orphans' Court In Re: Pretrial Conference Page 3 time we hear the will contest. Trial in this matter is set for Wednesday, October 15, 2003, at 1:30 p.m. in Courtroom Number Three. Each party is directed to furnish to the court a complete set of separate Findings of Fact and Conclusions of Law to cover all aspects of these two cases to be presented. By the Court, James D. Flower, Jr., Esquire For Orrstown Bank David Bryon Helm 1144 Rockledge Drive Carlisle, Pa. 17013 Defendant, pro se :mtf  COMMONWEALTH OF PENNSYLVANIA ,~ DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPARTMENT 280601 HARRISBURG, PA 17128-0601 Telephone October 21, 2003 '-~ ..... ~ ~ 717-787-6677 CHARLENE L. FEUCHTENBERGER 77 E. KING ST. P.O. BOX 25O SHIPPENSBURG, PA. 17257 Re: Estate of DAVID E. HELM File Number 2103-0002 Dear MS. FEUCHTENBERGER: The Department has been advised that the above-referenced estate is presently involved in litigation. The Department will suspend further activity on this estate until OCTOBER 21, 2004. You are required to notify the Department when the status changes or the extension date expires. If you have any questions, pleaSe contact me at (717-787-6677). Sincerely, EMERSON LUCINAO Inheritance Tax Division FAX 717-772-0412 CERTIFICATION OF NOTICE UNDER RULE 5.6(a) Name of Decedent: DAVID E. HELM Date of Death: December 7, 2002 Estate No.: 21 - 03 - 00002 To the Register: I certify that notice of the beneficial interest estate administration required by Rule 5.6(a) of the Orphan's Court Rules was served on or mailed to the following beneficiaries of the above-captioned estate on April 9, 2003. Name Address The Bethel Assembly of God 1412 Holly Pike, Carlisle, PA 17013 Notice has now been given to all persons entitled thereto under Rule 5.6(a) except: None SAIDIS, SHUFF, FLOWER & LINDSAY Name James D. Flower, Jr. Address 26 West High Street Carlisle, PA 17013 Telephone (717) 243-6222 Capacity: Personal Representative x Counsel for Personal Representative THE ESTATE OF · IN THE COURT OF COMMON · PLEAS OF CUMBERLAND DAVID E. HELM · COUNTY, PENNSYLVANIA · ORPHAN'S COURT DIVISION · NO. 21-03-0002 IN RE: WILL CONTEST AND LANDLORD TENANT APPEAL 7ii ORDER OF COURT AND NOW, thisJ. day of December 2003, in accordance with the opinion attached hereto, defendant's appeal in this estate matter is dismissed· By the Court, /~ P'J' ~ '"James D. Flower, Jr., Esquire ~- ~ 26 West High Street  N~ Carlisle, PA 17013 ~.~ David B.Helm ~~ 1144 Rockledge Drive ~_~'-~ Carlisle, PA 17013 THE ESTATE OF : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND DAVID E. HELM :COUNTY, PENNSYLVANIA : ORPHAN'S COURT DIVISION : NO. 21-03-0002 IN RE: WILL CONTEST AND LANDLORD TENANT APPEAL HOFFER, P.J. Procedural History Before the court are two cases that have been consolidated into one for the purpose of hearing. The first case, which was pending before the Orphan's Court, began when the defendant filed a will contest with the Register of Wills, claiming that his father lacked testamentary capacity and was the victim of undue influence, at the time he signed his will and codicil. On January 2, 2003, the Register of Wills granted Letters Testamentary to the plaintiff bank. The second case concerns a suit brought by the plaintiff bank against the defendant in a landlord-tenant action, in which the District Justice found in favor of the plaintiff, Orrstown, and granted possession of the decedent's property. For the purpose of judicial economy and to avoid added expense and duplication of work for the parties involved, both the plaintiff and the defendant stipulated to having the two related cases heard simultaneously and agreed to waive any procedural and jurisdictional irregularities that may arise from the consolidation. As a result, both the contest of the validity of his father's will, and the appeal from the landlord-tenant matter were presented in their logical order in one hearing. Statement of Facts David E. Helm, of 1144 Rockledge Drive, Carlisle, Pennsylvania, died on December 7, 2002. Decedent Helm, executed a Last Will and Testament dated February 26, 1998, leaving his residuary estate to the World Missions of Findlay, Ohio, and appointing Orrstown Bank as the Executor of his Estate. On January 4, 2002, the decedent, Helm, executed a Codicil leaving the residue of his estate to the Bethel Assembly of God, 1412 Holly Pike, Carlisle, Cumberland County, Pennsylvania. The Codicil ratified the Will dated February 26, 1998, in all other respects, retaining Orrstown Bank as Executor of his Estate. Johnna J. Kopecky, Esquire, an attorney in good standing, prepared both the Will and Codicil for David E. Helm, and met with him when he executed each document, witnessing his signature. Attorney Kopecky testified that she met with David E. Helm on February 26, 1998, when he executed his Will. She testified that her customary procedure is to discuss an individual's estate generally, the nature of the document and decedent's family. She remembered Helm as being quiet and particular. She remembered that he seemed to be a lonely 2 person. She was aware that he and his wife had separated and that he wished a religious organization to receive his estate, and wanted to be sure that his wife did not receive any part of his estate. She had no specific recollection of a discussion of Helm's son, David Bryon Helm. She was sure that Helm was mentally competent. She met with him when he signed the codicil on January 4, 2002, and did not feel that his demeanor was any different from when he signed the Will, and that he remained a quiet and particular person. He asked her to change the beneficiary to his local church, the Bethel Assembly of God, which she did. She recalls that he was happy to have had the help of some church members. She testified that he did not seem to be ill, or to be mentally impaired in any way. Barbara Brobst, Vice President and Trust Officer for the Orrstown Bank, probated the Will and Codicil of David E. Helm, and administers the Estate. Although Ms. Brobst had not met the decedent, she found in her file notes of a prior Trust Officer, Peter W. Rayburn, who is no longer with the bank, which listed a living family as "Mom, son, almost ex-wife." It also noted "Will leaves nothing to son; that is ok." David Bryon Helm had no lease to the property at 1 '144 Rockledge Drive. Orrstown Bank, as Executor of the Estate of David E. Helm, caused a Notice to Quit the premises at 1144 Rockledge Drive, for termination of the term of any tenancy at will, dated January 30, 2003, and served by Jaclyn M. Smith, Esquire, on January 30, 2003. A landlord-tenant action was filed by the Estate of David E. Helm against David Byron Helm seeking possession of the property at 1144 Rockledge Drive, on March 5, 2003. After a hearing on that Complaint, District Justice Day granted possession of the property at 1144 Rockledge Drive, Carlisle, along with costs of $94.50 to the Estate of David E. Helm and against David Bryon Helm. David Bryon Helm moved out of 1144 Rockledge Drive, Carlisle in 1998, when his mother moved out, and did not live in the home until his father entered the hospital for his last illness in October of 2002. He visited with his father for about an hour after his father had a heart attack, which was the longest visit he had with his father in his home until he moved back in. He moved back in when he was provided with a key by his aunt, Sandy Stuck, in October of 1998. Prior to his aunt providing him with a key, he did not have a key to the home. David Bryon Helm testified that his father had cut him out of his life. Conclusions of Law The plaintiff, Orrstown Bank, established a prima facie case that the Will and Codicil of David E. Helm were valid. The defendant, David Bryon Helm, failed to establish by clear and convincing evidence that the Will and Codicil of David E. Helm were the result of undue influence. 4 The defendant, David Bryon Helm, failed to establish by clear and convincing evidence that David E. Helm did not have testamentary capacity to execute the Will and Codicil in question. The Order of the Register of Wills of Cumberland County, dated January 2, 2003, admitting to probate the last Will and Codicil of David E. Helm, and granting Letters Testamentary to Orrstown Bank as Executor of the Estate of David E. Helm, are affirmed and the exceptions of David Bryon Helm thereto are dismissed. David Byron Helm had no lease to justify his continued possession of 1144 Rockledge Drive, Carlisle, but was, at best, a tenant at will. David Byron Helm was properly served with a Notice to Quit said premises on January 30, 2002, and has failed to do so. Therefore, the plaintiff, Orrstown Bank, as Executor of the Estate of David E. Helm, is awarded possession of the premises at 1144 Rockledge Drive, Carlisle, and costs. REV 1 $00 I ~'~ COMMONWEALTH OF ~ PENNSYLVANIA ,4K~2~~, DEPARTMENT OF REVENUE ~'~l"'t'~.~l~,~'"~ DEPT. 280601 INHERITANCE TAX RETURN 21 _ 03 0002 HARRISBURG, PA 17128-0601 RESIDENT DECEDENT cou. cooE DECEDENT'S NAME (LAST, FIRST, AND M DDLE INITIAL) SOCIAL SECURITY NUMBER ~-- HELM, DAVID E. Z 172-36-2188 ILl DATE OF DEATH (MM-DD-YEAR) ..... ! DAT~OF BIRTH (MM.DD;YEAR) ~ THIS RETURN MUST BE FILED IN DUPLICATE WITH THE U.I 12/07/2002 ! 05/29/1945 REGISTER OF WILLS III {IF APPLICABLE) SURVIVING SPOUSE'S NAME {LAST, FIRST, AND MIDDLE INITIAL) SOCIAL SECURITY NUMBER 1:3 I ,,, [] 1. Odginal Return [] 2. Supplemental Return [] 3. Remainder Return (date of dealh prior Io 12-13-82) '~ ~ [] 4. Limited Estate [] 4a. Future Interest Compromise (date of daa,h a~er 12-12-82) [] 5. Federal Estate Tax Retum Required o,, ~ [] 6. Decedent Died Testate (Adach copy of w~) [] 7. Decedent Maintained a Living Trust (A~ach copy of Trust) I 8. Total Number of Safe Deposit Boxes < [] 9. Litigation Proceeds Received [] 10. Spousal Poverty Credit (date of daa~h between ~2.3~-9~ and l-~-95) [] 11. Election to tax under Sec. 9113(A)(A~tach Sc~ "' NAME ,', COMPLETE MAILING ADDRESS z BARBARA E. BROBST, VP/SENIOR TRUST OFFICER o P.O. BOX 250 a. FIRM NAME (If Api31icable) " SHIPPENSBURG, PA 17257 "' ORRSTOWN BANK "' TELEPHONE NUMBER -- o ~ (717) 530-2614 1. Real Estate (Schedule A) (1) 174,454.69~._.'.~ 2. Stocks and Bends (Schedule B) (2) .... 3. Closely Held Corporation, Partnership or Sole-Proprietorship (3) 4. Mortgages & Notes Receivable (Schedule D) (4) 5. Cash, Bank Deposits & Miscellaneous Personal Property (5) 44,173.42  (Schedule E)  6. Jointly Owned Property (Schedule F) (6) ]Separate Billing Requested ~..J :~ 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (7) I""' (Schedule G or L) ~ 8. Total Gross Assets (total Lines 1-7) (8) 218,628.11 i, LI 9. Funeral Expenses & Administrative Costs (Schedule H) (9) 28,061.80 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I)(10) 33,881.90 11. Total Deductions (total Lines 9 & 10) (11 ) 61,943.70 12'. Net Value of Estate (Line 8 minus Line 11) (12) 156,684.41 13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been. · . ~(13) 156,684.41 made (Schedule J) 14. Net Value Subject to Tax (Line 12 minus Line 13) (14) 0.00 SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES  15. Amount of Une 14 taxable at the spousal tax ~ rate, or transfers under Sec. 9116 (a)(1.2) . x .0 _ (15) ~' 16 Amount of Line 14 taxable at lineal rate _ x .0 (16) ~ 17. Amount of Line 14 taxable at sibling rate x .12 (17) O ¢~ 18. Amodnt of Line 14 taxable at collateral rate . _ x .15 (18)  19. Tax Due (19) 0.00 Decedent's Complete Address: STREETADDRESS 1144 ROCKLEDGE DRIVE Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) (1) 0.00 2. Credits/Payments A. Spousal Poverty Credit B. Pdor Payments C. Discount Total Credits ( A + B + C ) (2) 3. Interest/Penalty if applicable D. Interest E. Penalty Total Interest/Penalty ( D + E ) (3) 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Check box on Page 1 Line 20 to request a refund (4) 5, If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) A. Enter the interest on the tax due. (5A) B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (5B) Make Check Payable to: REGISTER OF WILLS, AGENT PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: Yes No a. retain the use or income of the property transferred; .......................................................................................... [] [] b. retain the right to designate who shall use the property transferred or its income; ............................................ [] [] c. retain a reversionary interest; or ......... . .... [] [] d. receive the promise for life of either payments, benefits or care? ...................................................................... [] [] 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? ......... [] [] 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? .............. [] [] 4. Did decedent own an Individual Retirement Account, annuity, or other non.probate property which contains a beneficiary designation? ........................................................................................................................ [] [] IF THEANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURH. Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct and complete. Declaration of preparer other than the personal representative is based on all information of which preparer has any knowledge. SIG[~C,TURE OF PERSON REtSPONSIBt. E?FOR FILING RETURN /DA"~] P.O. BOX 250, SHIPPENSBURG, PA 17257 SIGNATURE OF PREPARER OTHER THAN REPRESENTATIVE .... ~' DATE ADDRESS For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 3% [72 P.S. §9116 (a) (1.1) (i)]. For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the sun/iving spouse is 0% [72 P.S. §9116 (a) (1.1) (ii)]. The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disdosure of assets and filing a tax return are still applicable even if the surviving spouse is the only benefidary. For dates of death on or after July 1, 2000: The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent, an adoptive parent, or a stepparent of the child is 0% [72 R S. §9116(a)(1:2)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5%, except as noted in 72 P.S. §9116(1.2) [72 P.S. §9116(a)(1)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12% [72 P.S. §9116(a)(1.3)]. A sibling is defined, under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. REV-1502 EX+ (6-98) SCHEDULE A ENNS¥,VAN,A REAL ESTATE INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER HELM, DAVID E. 21-03-0002 All real property owned solely or as a tenant In common must be reported at fair market value. Fair market value is defined as the pdce at which property would be exchanged between a willing buyer and a willing seller, neither being compelled to buy or sell, both having reasonable knowledge of the relevant facts. Real property which is jointly-owned w~th right of survivorship must be disclosed on Schedule F. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH t. REAL ESTATE-1344 ROCKLEDGE DRIVE, CARLISLE, PA 17013, CUMBERLAND COUNTY DEED BOOK 159, PAGE 447, SOUTH MIDDLETON TOWNSHIP, MAP REF # 09-0529 APPRAISED VALUE 153,000.00 MORTAGE ON ABOVE REFERENCED PROPERTY PAYABLE TO ORRSTOWN BANK 21,454.69 TOTAL (Also enter on line 1, Recapitulation) $ 174,454.69 (If more space is needed, insert additional sheets of the same size) REV-1508 EX+ ~-~~'~' SCHEDULE E COMMONWEALTH OF PENNSYLVANIA CASH, BANK DEPOSITS, & MISC. INHERITANCE TAX RETURN PERSONAL PROPERTY RESIDENT DECEDENT ESTATE OF FILE NUMBER HELM, DAVID E. 21-03-0002 Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1 ORRSTOWN BANK CHECKING ACCOUNT# 106001220 7,608.68 2 ACCRUED INTEREST ON ITEM #1 0.06 3 PERSONAL PROPERTY AS SOLD AT PUBLIC SALE 10,458.00 4 IRA-VAN KAMPEN EMERGING GROWTH-PROCEEDS PAYABLE TO ESTATE 8,557.53 5 IRA-VAN KAMPEN AGRESSIVE GROWTH-PROCEEDS PAYABLE TO ESTATE 2,022.68 6 IRA-VAN KAMPEN ENTERPRISE-PROCEEDS PAYABLE TO ESTATE 1,424.80 7 IRA-VAN KAMPEN TECHNOLOGY-PROCEEDS PAYABLE TO ESTATE 9,479.13 8 IRA-VAN KAMPEN RESERVE FUND B-PROCEEDS PAYABLE TO ESTATE 4,622.54 TOTAL (Also enter on line 5, Recapitulation) $ 44,173.42 (If more space is needed, insert additional sheets of the same size) EV-1511 SCHEDULE H COMMONWEALTH OF PENNSYLVANIA FUNERAL EXPENSES & INHERITANCE TAX RETURN ADMINISTRATIVE COSTS RESIDENT DECEDENT ESTATE OF FILE NUMBER HELM, DAVID E. 21-03-0002 Debts of decedent must be reported on Schedule 1. ITEM NUMBER DESCRIPTION AMOUNT A. FUNERAL EXPENSES: 1. HOFFMAN-ROTH FUNERAL HOME, FUNERAL EXPENSES 6,461.80 2 SANDRA E. STUCK, REIMBURSEMENT FOR MISCELLANEOUS FUNERAL EXPENSES 275.00 B. ADMINISTRATIVE COSTS: 1. Personal Representative's Commissions Name of Personal Representative(s) ORRSTOWN BANK 9,650.00 Social Security Number(s)/EIN Number of Personal Representative(s) 2 3 0 9 3 4 3 5 0 Street Address 77 EAST KING STREET City SHIPPENSBURG .State PA Zip 17257 Year(s) Commission Paid: 2004 2. AttomeyFees SAIDIS, SHUFF,~FLOWER & LINDSAY-Attorney fee: $1,000 11,395.00 Legal fees for litigation: will contest/eviction of estate Claimant Street Address City State . Zip Relationship of Claimant to Decedent 4. Probate Fees 30.00 5. Accountant's Fees 6. Tax Return Preparer's Fees 7. S.W. BARRETT, APPRAISAL FEE 250.00 TOTAL (Also enter on line 9, Recapitulation) $ 28,061.80 (If more space is needed, insert additional sheets of the same size) REV-1512 EX+ (12-03) COMMONWEALTH OF PENNSYLVANIA / DEBTS OF DECEDENT, '""~Sr[~E.CTED~<E"~EET. UT"" I MOP-TGAGE LIABILITIES, & LIENS ESTATE OF FILE NUMBER HELM, DAVID E. 21-03-0002 Re )(~rt debts incurred by the decedent prior to death which remained unpaid as of the date of death, including unreimbursed medical expenses. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1. ORRSTOWN BANK, MORTGAGE LOAN #60002717; 1144 ROCKLEDGE DRIVE PROPERTY PAYOFF 6/9/04; INTEREST PER DIEM $3.94838 19,062.64 2 INTEREST ACCRUED ON ITEM #1 109.63 3 PAYMENTS MADE FROM DATE OF DEATH ON ITEM #1 4,744.08 4 JUDY CAMPBELL, SOUTH MIDDLETON TOWNSHIP TAX COLLECTOR, BACK TAXES DUE 1,922.45 5 WEST SHORE EMS, BALANCE DUE 109.00 6 THORNWALD HOME, BALANCE DUE 5,175.20 7 THREE SPRINGS FAMILY PRACTICE, BALANCE DUE 19.44 8 RPC ASSOCIATES, BALANCE DUE 51.97 9 CENTRAL PENN MEDICAL GROUP EMERGENCY, BALANCE DUE 391.00 10 WASTE MANAGEMENT, FINAL BILL 45.00 11 SPRINT, FINAL BILL 66.75 12 PHARMERICA, BALANCE DUE 193.47 13 FIRSTENERGY, PAYMENTS TO CONTINUE SERVICE ON ROCKLEDGE DRIVE PROPERTY 1,991.27 TOTAL (Also enter on line 10, Recapitulation) $ 33,881.90 (If more space is needed, insert additional sheets of the same size) REV-1513 EX+ (9-00) SCHEDULE J COMMONWEALTH OF PENNSYLVANIA BENEFICIARIES INHER~TANOE TAX RETURN RESIDENT DEDEDENT ESTATE OF FILE NUMBER HELM, DAVID E. 21-03-0002 RELATIONSHIP TO DECEDENT AMOUNT OR SHARE NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE I TAXABLE DISTRIBUTIONS [include outright spousal distributions, and transfem under Sec. 9116 (a) (1.2)] ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE, ON REV-1500 COVER SHEET II NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS BETHEL ASSEMBLY OF GOD CHURCH 1412 HOLLY PIKE, CARLISLE, PA 17013 100% OF ESTATE RESIDUE PER PARAGRAPH FIRST OF CODICIL TO LAST WILL AND TESTAMENT OF DAVID E. HELM, DATED JANUARY 4, 2002 156,684.41 TOTAL OF PART II - ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET $ 156,684.41 (If more space is needed, insert additional sheets of the same size) ORRSTOVv'N BANK P.O. BOX 250,SH[PPENSBURG, PA 17257-0250 REGISTER OF WILLS, CUMBERLAND COUNTY TRUST NUMBER: 20 00 1097 03 6 :dAVID E HELM ES'FATE DESCRIPTION: ~ ~, · "~ CHECK #: FILING PA INHERITANCE TAX RETURN DATE: 0017086 DAVID E. HELM ESTATE AMOUNT: Jun 23, 2004 FILE #: 2003-00002 $15.00 ~%~- COHHONNEALTH OF~PENNSYLVANZA BUREAU OF INDIVIDUAL TAXES DEPARTNENT OF REVENUE INHERITANCE TAX DIVISION DEPT. 28060! HARRISBURG, PA 17128-0601 NOTICE OF /NHERITANCE TAX APPRAISEHENT/ ALLO#ANCE OR D/SALLOWANCE OF DEDUCTIONS AND ASSESSHENT OF TAX DATE 08-16-200~ ESTATE OF HELH DAVTD E DATE OF DEATH 12-07-2002 FZLE NUNBER 21 05-0002 COUNTY CUHBERLAND BARBARA E BROBST ACN 101 ORRSTONN BANK PO BOX 250 r Amount I SHTPPENSBURG PA 17257 HAKE CHECK PAYABLE AND REHZT PAYHENT TO: REGTSTER OF NTLLS CUHBERLAND CO COURT HOUSE CARLTSLE, PA 17013 CUT ALONG THZS LZNE ~ RETAZN LONER PORTZON FOR YOUR RECORDS REV-1547 EX AFP (01-03) NOTICE OF ZNHERZTANCE TAX APPRAZSENENT, ALLONANCE OR DZSALLONANCE OF DEDUCTIONS AND ASSESSNENT OF TAX ESTATE OF HELH DAVID E FZLE NO. 21 05-0002 ACN 101 DATE 08-16-200q TAX RETURN NAS: (X) ACCEPTED AS FZLED ( ) CHANGED RESERVATION CONCERNZNG FUTURE ZNYEREST - SEE REVERS; APPRAISED VALUE OF RETURN BASED ON: ORTGZNAL RETURN 1. Real Estate (Schadulo A) (1) 17~,5~.69 NOTE: To insure proper` :~. Stocks and Bonds (Schodulo B) (2} ,00 cr'ed~t to your- account/ :3. Closely Held Stock/Partnership Inter-est (Schedule C) ($) . O0 submit the uppor- port/on q. Nor-tgages/Notes Receivable (Schedule D) (q) . O0 of this for, with your $. Cash/Bank Doposi~s/Hisc. Personal Property (Schedule E) (.~) ~; !75. ~2 tax payment. 6. Jointly O~nod Property (Schedule F) (6) . O0 7. Transfers (Schedule G) (7) .00 B. Total Assets (8) 218,628.11 APPROVED DEDUCTIONS AND EXEHPTZONS: 28,061.80 9. Funeral Expenses/Ada. Costs/H~sc. Expenses (Schedulo H) (9) 10. Debts/Hortgage Liabiliti®s/Lions (Schedule I) (10) :~$ ~881.90 11. Total Deductions (11) ~;l , 9~:5.70 12. Net Value of Tax Return (12) 156,68~.~1 13. Charitablo/Govorneontal Bequests; Non-olact®d 9113 Trusts (Schedule J) (13) 156,68q. 1~. Nat Valuo of Estate Sub,oct to Tax (1~) .00 NOTE: ~ an assessment ~as issued previously, lines 14, 15 and/or 16, 17, 18 and 19 reflect figures that include the total of ALL returns assessed to date. ASSESSNENT OF TAX: 15. Amount of L/no 1~ at Spousal rats (15) .00 X 00 = . O0 16. Amount of Line lq taxable at Lineal/Class A rats (16) . O0 X 0~5 = . O0 17. Amount of Line 1~ at Sibllng rate (17) .00 X 12 = . O0 18. Aeo~t of Li~lq ~a~o at Collateral/Class B rato (18) .00 X 15 O0 19. Pr-i~l T,~u. :, = ' TAX CRED]:T$~ PAYflENT ~" R~CEIPT ;:; DISCOUNT (+) DATE C=)NUNBER INTEREST/PEN PAID (-) AHOUNT PAID ~J ~r~ TOTAL TAX CREDTT .00 BALANCE OF TAX DUEI .00 ZNTEREST AND PEN. I .00 TOTAL DUE I .00 ~ IF PAID AFTER DATE INDICATED/ SEE REVERSE ( IF TOTAL DUE IS LESS THAN $1, NO PAYHENT IS RE~UTRED. FOR CALCULATION OF ADDITIONAL INTEREST. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR)/ YOU NAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORN FOR INSTRUCTTONS.) RESERVATION: Estates of decedents dying on or before December 1Z, 198Z -- if any futura interest in the estate is transferred in possession or enjoyment to Class B [collateral) beneficiaries oF the decedent after the expiration of any estate for life or for years, the Common#smith hereby expressly reserves the right to appraise and assess transfer Inheritance Taxes at the lawful Class B (collateral) rate on any such future interest. PURPOSE OF NOTICE: To fulfill the requirements of Section ZlqO of the Inheritance and Estate Tax Act, Act Z$ of 2000. (72 P.S. Section 91qO). PAYHENT: Detach the top portion of this Notice and submit with your payment to the Register of Rills printed on the reverse side. --Hake check or money order payable to: REGISTER OF #ILLS, AGENT REFUND (CR): A refund of a tax credit, ahich was not requested on the Tax Return, may be requested by completing an "Application for Refund of Pennsylvania Inheritance and Estate Tax" (REV-IS15). Applications are available at the Office of the Register of Nills, any of the 25 Revenue District Offices, or by calling the special Iq-hour ensnaring service for forms ordering: 1-800-56Z-ZOSO~ services for taxpayers eith special hearing and / or speaking needs: 1-800-~q7-30ZO (TT only). OBJECTIONS: Any party in interest not satisfied aith the appraisement, allowance, or disallowance of deductions, or assessment of tax [including discount or interest) es shown on this Notice must object within sixty (60) days of receipt of this Notice by: --~ritten protest to the PA Department of Revenue, Board of Appeals, Dept. 281021, Harrisburg, PA 171Ze-lOZ1, OR --erection to have the matter determined at audit of the account of the personal representative, OR --appeal to the Orphans' Court. ADMIN- ISTRATIVE CORRECTIONS: Factual errors discovered on this assessment should be addressed in writing to: PA Department of Revenue, Bureau of Individual Taxes, ATTN: Post Assessment Revie~ Unit, Dept. 280661, Harrisburg, PA 17128-0601 Phone (717) 787-6S05. See page S of the booklet "Instructions for Inheritance Tax Return for a Resident Decedent" (REV-iSOl) for an explanation of administratively correctable errors. DISCOUNT: If any tax due is paid within three (3) calendar months after the dacedant's death, a five percent (SI) discount of the tax paid is allowed. PENALTY: The 15Z tax amnesty non-participation penalty is computed on the total of the tax and interest assessed, and not paid before January 18, 1996, the first day after the and of the tax amnesty period. This non-participation penalty is appealable in the same manner and in the the same time period as you would appeal the tax and interest that has been assessed as indicated on this notice. INTEREST: Interest is charged beginning with first day of delinquency, or nine (9) months and one [1) day from the date of death, to the date of payment. Taxes which became delinquent before January 1, 198Z bear interest at the rate of six (SI) percent per annum calculated at a daily rate of .O0016q. AIl taxes which became delinquent on and after January 1, 198Z will bear interest at a rate which will vary from calendar year to calendar year eith that rate announced by the PA Department of Revenue. The applicable interest rates far 1982 through ZO0~ ara: Interest Daily lntarast Daily Interest Daily Year Rate Factor Year Rate Factor Year Rate Factor ~ 20Z .0005q8 1988-1991 llZ .OOOSO1 ZOOX 9Z .O00Zq7 1963 X6Z .000q58 1992 9Z .O00Z~7 ZOOZ 6Z .OOOl6q 198~ llZ .000301 1995-199q 72 .000192 2003 52 .000137 1985 152 .000556 1995-1996 92 .O00Z~7 200q ~Z .000110 1986 IOZ .O00ZT~ 1999 7Z .O0019Z 1987 lOX .00027q ZOO0 72 .O0019Z --Interest is calculated as follo~s: INTEREST = BALANCE OF TAX UNPAID X NUNBER OF DAYS DELINQUENT X DAILY INTEREST FACTOR --Any Notice issued after the tax becomes delinquent will reflect an interest calculation to fifteen (15) days beyond the date of the assessment. If payment is made after the interest computation date shown on the Notice, additional interest must bm calculated. Cumberland County - Register Of Wills Hanover and High Street Carlisle, PA 17013 Phone: (717) 240-6345 Date: 11/10/2004 FLOWER JAMES D JR 26 WEST HIGH STREET CARLISLE, PA 17013 RE: Estate of HELM DAVID E File Number: 2003-00002 Dear Sir/Madam: It has come to my attention that you have not filed the Status Report by Personal Representative (Rule 6.12) in the above captioned estate. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. 1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing will become delinquent on: 12/07/2004 Your prompt attention to this matter will be appreciated. Thank You. Sincerely, GLENDA FARNER STP_ASBAUGH REGISTER OF WILLS cc: File Personal Representative(s) Judge IN THE COURT OF COMMON PLEAS OF THE JUDICIAL OFFICES OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH IN RE: ORPHANS' COURT DIVISION NINTH JUDICIAL DISTRICT DAVID E. HELM ESTATE LATE OF SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY', PA DECEASED DECEMBER 7, 2002 FIRST AND FINAL ACCOUNT OF ORRSTOWN BANK, SHIPPENSBURG, PENNSYLVANIA EXECUTOR DATE OF LAST WILL AND TESTAMENT: FEBRUARY 26, 1998 DATE OF CODICIL: JANUARY 4, 2002 DATE OF LETTERS TESTAMENTARY: JANUARY 2, 2003 ACCOUNT STATED FOR PERIOD: MARCH 26, 2003 TO DECEMBER 8, 2004 Purpose of Account: Orrstown Bank, Shippensburg, Pennsylvania, offer this Account to acquaint interested parties with the transactions that have occurred during its administration of the Estate. The Account also indicates the proposed distribution of the Estate. It is important that the Account be carefully examined. Requests for additional information or questions can be discussed with: BARBARA E. BROBST VICE PRESIDENT AND SENIOR TRUST OFFICER ORRSTOWN BANK P.O. BOX 25O SHIPPENSBURG, PA 17257 AFFIDAVIT Orrstown Bank, Executor of the Estate of David E, Helm, deceased December 7, 2002, hereby declares under oath that said Executor has fully and faithfully discharged the duties of its office; that the foregoing Account is true and correct, and fully discloses all significant transactions of princi~Dal occumng during the accounting period; that all known claims against the Estate have been paid in full; and that, to their knowledge, there are no claims now outstanding against the E~tate, ORRSTOWN BANK Subscribed and sworn to before me this ¢ day of ~6f.~' ,2004. .__~ c~-.~ F~ ~,. ~. ~ j It is hereby certified that written notice stating the date, time and place of the presentation of the First and Final Account in the above Estate and the Schedule of Proposed Distribution and stating the last day to file objections to the Account and Schedule of Distribution was given at least twenty (20} days prior to the date fixed to every person known to the Accountant to have, or claim an interest in the Estate as creditor, beneficiary, heir or next of kin. JAMES D. FLOWER, JR., ESQUIRE ATTORNEY FOR ESTATE SUMMARY OF ACCOUNT FIDUCIARY ACQUISITION VALUE PAGE PRINCIPAL Receipts ~ 1 $180,669.25 Net Gain/Loss on Sales or Other Dispositions 1 $12,000.00 Less Disbursements 2 -$65,614,21 Principal Balance on Hand 2 $127,055.04 INCOME Receipts 3 $487.35 Less Disbursements 3 $0,00 Income Balance on Hand 3 $487.35 Combined Balance on Hand $127.542.39_ Proposed Distributions to Beneficiaries 4 $127~.542.39 RECEIPTS OF PRINCIPAL FIDUCIARY ACQUISITION VALUE 03/26/03 IRA REDEMPTION PROCEEDS RECEIVE~) FROM VAN KAMPEN EMERGING GROWTH FUND B $8,38349 IRA REDEMPTION PROCEEDS RECEIVED FROM VAN KAMPEN RESERVE FUND B $4,623.47 IRA REDEMPTION PROCEEDS RECEIVED FROM VAN KAMPEN TECHNOLOGY FUND B $9,350.60 IRA REDEMPTION PROCEEDS RECEIVED FROM VAN KAMPEN AGREESSIVE GROWTH FUND B $1,953.41 IRA REDEMPTION PROCEEDS RECEIVED FROM VAN KAMPEN ENTERPRISE FUND B $1,353.86 64/01/03 REAL ESTATE-II44 ROCKLEDGE DRIVE, CARLISLE, PA @ APPRAISED VALUE $153,000.00 04/09/03 CONTRIBUTION RECD~CHECK FROM UNITED HEALTHCARE $19.44 04/19/04 PERSONAL PROPERTY $10,458.00 06/17/03 CONTRIBUTION RECD-CHECK FROM THE HARTFORD FOR POLICY CANCELLATION $656.00 06/25/03 CONTRIBUTION RECD-AARP REFUND CHECK $803.25 04/19/04 CONTRIBUTION RECD-CHECK FROM ROWE'S AUCTION $300.00 10/19/04 PROCEEDS RECEIVED FROM ORRSTOWN BANK CLOSED CHECKING ACCOUNT Cf 106001220 $437.73 RESERVED: ORRSTOWN BANK, FINAL EXECUTOR FEE -$10,000.00 SAIDIS, SHUFF, FLOWER & LINSDAY, ATTORNEY FEE FOR ESTATE -$500.00 FILING FEES -$170.00 $180,669.25 GAINS AND LOSSES ON SALES OR OTHER DISPOSITIONS GAIN LOSS 04/19/04 1 SH. PERSONAL PROPERTY PROCEEDS 10,458.00 ACQUISTION VALUE 10,458.00 ~0/12/04 1 SH. REAL ESTATE-II44 ROCKLEDGB DRIVE, CARLISLE PROCEEDS 165,000.00 ACQUISITION VALUE 153,000.00 12,000.00 TOTAL GAIN ON SALES OR OTHER DISPOSITIONS $12.000.00 ~age 1 DISBURSEMENTS OF PRINCIPAL 4/2/2003 PHARMERICA, BALANCE DUE $18773 4/2/2003 WEST SHORE EMS, BALANCE DUE $10900 4/2/2003 UNITED CHURCH OF CHRIST HOMES, BALANCE DUE $5,175 20 4/2/2003 SANDRAJ- STUCK, REIMBURSE FOR FUNERAL / EXPENSES $275 00 4/2/2003 THREE SPRINGS FAMILY PRACTICE, BALANCE DUE $1944 4/2/2003 RPC ASSOCIATES, BALANCE DUE $51 97 4/2/2003 HOFFMAN ROTH FUNERAL HOME, FUNERAL EXPENSES $6,461 80 4/2/2003 SAIDIS, SHUFF, FLOWER & LINDSAY, REIMBURSE FOR PROBATE FEES $340.50 4/7/2003 CENTRAL PENN MEDICAL GROUP, EMERGENCY CALL $391.00 04/11/03 THE HARTFORD, HOMEOWNERS/CAR PREMIUMS DUE $80600 04/28/03 SAIDIS, SHUFF, FLOWER & LINDSAY, LEGAL SERVICES $4,401.92 05/16/03 WASTE MANAGEMENT, FINAL BILL $4500 06/03/03 PHARMERICA, F~NAL BILL $574 06/09/03 REGISTER OF WILLS, SHORT CERTIFICATES $1500 07/17/03 JUDY CAMPBELL, REAL ESTATE TAXES $1,92245 07/28/03 SPRINT, FINAL BILL $572 07/29/03 THE HARTFORD, PREMIUM DUE $61.00 01/26/04 HILTON'S LOCK SERVICE, REKEYING LOCKS 1144 ROCKLEDGE DRIVE, CARLISLE $14050 02/05/04 SW. BARRETT REAL ESTATE, APPRAISAL FEE 1144 ROCKLEDGE DRIVE, CARLISLE $250 00 03/30/04 REGISTER OF WILLS, SHORT CERTIFICATES $1500 04/05/04 THE HARTFORD, HOMEOWNERS PREMIUM DUE $411.00 04/23/04 JUDY CAMPBELL, REAL ESTATE TAXES $33464 04/23/04 JUDY CAMPBELL, PERSONAL TAXES $980 04/28/04 TRANSFER FUNDS TO CHECKING ACCOUNT #406001220 TO COVER MORTGAGE PAYMENTS $1,20000 06/23/04 REGISTER OF WILLS, FILING PA INHERITANCE TAX RETURN $15 00 08/05/04 CV MEMORIAL GARDENS, VA MARKER $56400 08/11/04 TRANSFER FUNDS TO CHECKING ACCOUNT #106001220 TO COVER MORTGAGE PAYMENTS $500 00 08/26/04 JEFFREY A BANNER, SEWAGE SYSTEM DESIGN FOR ROCKLEDGE DRIVE PROPERTY $125 00 09/09/04 SOUTH MIDDLETON TOWNSHIP COST OF PERMIT $7000 09/10/04 TRANSFER FUNDS TO CHECKING ACCOUNT #106001220 TO COVER MORTGAGE PAYMENTS $40000 09/27/04 PECK'S SEPTIC SERVICE, SERVICE @ ROCKLEDGE DRIVE PROPER I~¢ $34000 10/12/04 PRO-RATED REAL ESTATE TAXES DUE @ SETTLEMENT ROCKLEDGE DRIVE PROPERTY $39068 10/12/04 1% REAL ESTATE TRANSFER TAX DOE @ SETTLEMENT ROCKLEDGE DRIVE PROPERTY $1,650 00 10/12/04 PECK'S SEPTIC SERVICE, FEE DUE @ SETTLEMENT ROCKLEDGE DRIVE PROPERTY $95.00 10/12/04 JEFFREY A. BANNER, SEWAGE SYSTEM FOR ROCKLEDGE DRIVE PROPERTY $13,09421 10/12/04 ORRSTOWN BANK, MORTGAGE PAYOFF DUE @ SETTLEMENT FOR ROCKLEDGE DRIVE PROPERTY $18,545.69 10/12/04 SAIDIS, SHUFF, FLOWER & LINDSAY, ATTORNEY FEES AND NOTARY FEES FOR SETTLEMENT ROCKLEDGE DRWE PROPERTY $179.00 11/10/04 SAIDiS, SHUFF, FLOWER & LtNDSAY, ATTORNEY FEES INCURRED FOR $6,86000 LITIGATION PROCEEDINGS; EVICTION FROM ESTATE PROPERTY AND WiLL CONTES~T 11/19/04 MET-ED BALANCE DUE $120.22 11/30/04 MET-ED, FINAL BILLING $3000 TOTAL DISBURSEMENTS O? PRINCIPAL PRINCIPAL BALANCE ON HAND CASH ~ $127,055,04 Page 2 RECEIPTS OF INCOME DIVIDENDS 4/2103-1212104 FEDERATED MONEY MARKET FUND 851 $487.35 TOTAL RECEIPTS OF INCOME $487.35 DISBURSEMENTS OF INCOME NONE INCOME CASH ON HAND INVESTMENT MARKET VALUE CASH COST BASIS 12/8/04 $487.35 $487.35 PA~E 3 PROPOSED SCHEDULE OF DISTRIBUTION PER LAST WILL A ND TESTAMENT OF DA VID E. HELM DA TED FEBRUARY 26, ~998 AND CODIC/£ DA TED JANUARY 4~ 2002 BETHEL ASSEMBLY OF GOD CHURCH 100% OF ESTATE RESIDUE 1412 HOLLY PIKE CARLISLE, PA 17013 STATUS REPORT UNDER RULE 6.1 ?, Name ofDecedent: D~,a,,,~ ~ ._~~ Date of Death:! ~- '~-/' (~3 _7~ No.: No.: 1-05 Pursuit to Rule 6.12 of the Supreme Coum OCh~s' Com~ Rules, ! repo~ the following with respect to completion of the admi~s~ation of the above-captioned estate: 1. State whether a~stration of the estate is complete: Yes~ No~ 2. If the answer is No, state when the personal representa~ve reasonably beheves · at ~e a~i~stration will be complete: ~D ~ 3. ~ ~e ~swer to No. 1 is Yes, state the follow,g: a. Did the personal representative file a ~al accost with ~e Co~? Yes _ No ~ b. The sep~ate OCh~' Co~ No. (if any) for ~e personal representmive's accost is: c. Did the personal representative state an account informally to the parties in interest? Yes ~'] No c. Copies of receipts, releases, joinders and approval of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. C) cz:, ~ ~,. ~ : · :~ rD Address Telephone No. Capacity: [] Personal Representative ~-mmsel for personal representative ~~/~Ii.~'~~ll~iili,~ Marjorie A. Wevodau First Glenda Farner Strasbaugh ~~ Deputy Register of Wills and ~' "~'~""~'~ ~i-~l.,l~."J ,~-~ li~, Kirk S. Sohonage, Esq Clerk of Orphans' Court Solicitor Register of Wills and Clerk of the Orphans' Court County of Cumberland One Courthouse Square Carlisle, PA 17013 (717) 240-6345 FAX (717)240-7797 INVOICE I Bill To: InvoiceNo: 161 Invoice Date: 1-12-05 ORRSTOWN BANK Estate off DAVID HELM PO BOX 250 Estate No: 21-2003-0002 VZ SHIPPENSBURG, PA 17257 Qt~ Fee Description Fee Total 1 Additional Probate 35.00 $35.00 Total: $35.00 Checks should be made payable to the Register of Wills. Terms: Net 30. Please return one copy of this invoice with your payment. Thank you. Proof of Publication of Notice in The News-Chronicle COUNTY OF CUMBERLAND Orrstown Bank, Executor COMMONWEALTH OF PENNSYLVANIA Leslie R. Berrier, being duly swom according to law, deposes and says that she is the Manager of "The News-Chronicle," which is a bi-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 News-Chronicle" on the following date(s) I C December 31 2004 and Janaurv 7 and 14. 2005 c:') a Copy of Notice ot Publication Affiant further deposes that neither she nor "The News~Chronicle" 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 foregoing affidavit true and correct. ;r,:i;~i~:::);~,';ti'~ . ",e,i( c;:,"';:'" )NOrl~~;", !,.' j,.,' p!~ill,OfRti.MB~~tA~D;\P~R~:f'Jns~JMi~ ';," " ' ,.,. t~~< ~j ~;M'~~~~::;"T(;._:i:,:'<ir;;~ \::!~" ,!Hli. iL;" '.: !; ,J ~,'. "i j--".i,)_ ,",,:1 \"P""No,2'1~3~2";.'J":'lf\)J,,~,<,J;,,:'i'J";'i' :''; r;" , 'T ."'j ;;~'/;:l:;i\'i::, ,'''' '<~,?~:"j.>,'\:~!~~!"",,';w';r~'~,;,;.,!;h{,t~;'f;~i:;:'0::\1/ " -~'()It~'i";' ,.~"..",L'<'h"~~"Qbyn;X-;E ,!, LI~'J":,"'J~J',\",,'!,,,,>I;._. -'..\' ,; ~ . :;':,~I"\ _ .'. 'tt:r:i: ';;,; Y ;;'j/~'f~~%rfjR:~,::MJBB,~El\~'-;:;'~i~:.(:{,"',,:-:;':>"t:.. ~to.~ . ;.""" ':'~~iJj~MiD~I",QN;Q,^:~sA'[P,'" ,'''' ,:',,;'1;,'<": f' :,i"C.UMI}~~j;AND,Cq~Hr,)1, :,.j;; ''''i"f' "if.! :~";'"",'j.'L;;:.,\:,,.' ,"t'!'i;''''''.~i~ ~' (\ II. , !JLu", !{-l!JJju0JA Sw an subscp,bed before me this 1- DaYOfl:i'~O .2005 NotartaISeaI Kristen L Statler, Notary Public Bedford Bora, Bedford Coun1y MyCommission Expires Feb. 13,2006 Member, ~iaAsscda1ionOlNOlaneS v};~.',; Notary Public ";:j,], ,',',; ::$Oclar,~~~ittYJ~Q~ ~:7?:3'&~~i!11. ,j i ",:,:\ "',',':'; ;;{c,", l '( , "'1 ,;1/ 'L'J ',t, '. ~;,:; '... h/ v.'HEREA$~'tm the.ana;d~Y':QbJ.anua~)~O.o.a,lhslrumenls:aated ,Februarv;2Ath 1A98 & Januarv 4tb.2QQ2/lYere~mI:lted.tciproba,te.as.:theJast~'ana~\C1'HilMO"VIO,'E" ., . ); ;,' i'fl.:,,;,~,' '-"",r,qrn i'(LAS'F;;FIRST:_MIPOLEh" :?,i~~rfai!&-=:ZL~d~:;~ ";:~~:~jNS~.~rl" ;f(~na,E.~t~~,~;:,,??U,~,~n,;~~~,?,';:~,le~').'.~'~';;\~he ;;\10;~!,WIi~R~S;~atn.ltl,'~Y'of the':wlW&>COdlcil asP'rVbal&cl,is anne~~~fheretW I, 1J;':; .'. ',';'~' ';,~' ';' . ,. 'tHe~EFOR~, I,~PDNNA M.jOTT~ ~!'ll~te, ~I'WIU' ~ anllli"'~'COli~t!i>f CUMBEALANp in ,>the' 'ComIJiQnw&~llh: '~t"Pei1nsY,lv~p lJf, ~~9I~9Y .'~ 9~'~lfy~h ,!t 1_ hlJ.X~ ':\hf~~ ~,~y;'o,~ant~,d' ~'~.lte rs . '"TESTAM~NTARY \~;~ff~T8~mBA~~,~',~, "^"':,'<':_ _(t/::i .J:: ,"~~;; ~~','_\j;': ,,,,,.,\1:,.. '; _--' '- ; wtIo ~;du\y_g.u!lliflecras Executor Irlx)'iUld ~,'~W,8:~-p to,admlmslert/l:e el1ta,~ 1a,~pprpl~g,tQlaw, ;lr~lf,^Of'wttiCch'!1.LiIlY'~P;PAA(~',Pf, reC~I~,in my ~,?~je,;~t'CU'1~;E!,~b~,,~P.:9Pu.~'\)j,qpUflT!1fI0U~E. CARUSLe,PENNS~W"NIA. ",,,,,,. ,,' ',,'," c.. .' . ,',', IN'TeSlfl~ONY. wHE~e,qF" ,Ie Iwv" ~"eijr.f' W ,myc\hWl'd '~nd, Wi,e; IV! ,e,1 ,"'Ofmy'Ofllo.e:\ttie::2nddayof~2003. ' .,,;C',) .:>.<I;J<,'<it ;; .,',.,', '<i; ~k1l\ 0( jML To: "The News-Chronicle" Shippensburg, PA 17257 For publishing the notice attached hereto: On the stated dater s) , Affidavit. Total, .... $ ... .$ ..... $ 198.00 2.00 200 00 nl :":: <, ~-",";"-''-' ':'l,;..". '....,....,' Adv, ~c DIl9, 31; Jan. i,,'l~' ,'; , , '............,' , ,.,Register~QI.wills ';1,,!';'." AP-~cf4r;5lJ~ , SENT BY: ORRSTOWN BANK; 7175329342; SEP-7-05 10:53AM; PAGE 1/2 P.O. BOX 250. SHIPPENSBURG, PA 17257 (717) 530-2614 FAX 717.532-8342 ORRSTOWN Bt NK Fax 'Ib: REGISTER OF WILLS Framl CHARLENEFEUCHTENBERGEI ATTN: MARGIE , FAX 240-7797 PAGES: 2 Phone: DateI 916105 HE: DAVID HELM ESTATE CC; T ; ; , " x urgent For RevIew o PI.... Com.... o PI... "'pIy o Please -' 7" Attached is a copy of the advertisement in the Cumberland Law Journal to close this estate Thank you. I' . .U~/\ .t\~ 4 I :' Cl.. (~ U1 ,,-, ~. L//t ~tt0 G] --:-/ ' I o (l!'~. '-.x ~\~JL'~ ,,/-J \~lLt \..~Gt'--\ ( \urv'-. / 1'-. tk , , , ~(X) \cS U ~~LL lJ--\- .~~ GU--Glc S~llQ vJ,~ ) r. C0\~.~ , cJ0~ ~ {\Jy \ (S- ~'-- ;: ; ~ ~ ~ Q\..)) SENT BY: ORRSTOWN BANK; 7175329342; SEP-7-05 11 :03AM; PAGE 1/2 P.o. BOX 250, SHFPENSBURG, PA 17257 (717) 530-2614 FAX 717-532-8342 ORRSTOWN BJ~NK Fax ., Toe REGISTER OF WILLS FnNIIC CHARLENE FEUCHTENBERGEf AnN: MARGIE ; FAX 240-n97 PAGES: 2 ....... o.t:.; 9Ri105 - AI!: DAVJO HELM ESTATE CCI: i , ~ i , XU..".m For Review o ....... Comment o PI.... ~.pIy o Please , ~: .; ; , Attached is a copy of the advertisement in the Cumberland Law Journal to close this estate. tn.:...... yoo. SENT BY: ORRSTOWN BANK; 7175329M2; SEP-7-05 10:53AM; PAGE 2/2 " '. .\~ 7 CUMBERLAND LAW JOURNAL 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 August 26. 2005 Cumberland Law Journal is published every Friday by the Cumberland County at Association and is designated by the Court of Common Pleas as the official legal publi tion ~r Cumberland County and the legal newspaper for publication of legal notices. ; TO: Orrstown Bank & Trust Dept. .~s ,j '1. RE: David E. Helrn~ EST AlE T.egal advertisements must be received by Friday Noon. All legal advertising m t:be paid in advance. Make all checks payable to: Cumberland Law Journal. Advertisillg Cost ~ ~ I "r 75.00 .~ " :1 $ 0.00 $ 0.00 .~ f $ 0.00 ------------- $ 75.00 Advertisement inserted on following dates: August 12, 19,26,2005 Proof of Publication Second Proof Request Payment received Total Amount Due Payment received by SENT BY: ORRSTOWN BANK; 71753:1934:1; SEP-7-0511:04AM; PROOF 011' PUB.LJCA'I'ION 011' NOTICE IN CUMIJERLAND LA W JOURNAL (Under Acl No, 587, approved May 16, 1929), P. L.1784 COMMONWEAL TO OF PF.NNSYlJ VANIA COUNTYOFCU~ERLA~~ 55. PAGE :1/:1 Lisa Marie Coyne, K".,lIire, Editor of the Cumberland Law Journal. of the C !ty 4nd State aforesaid, being duly Sworn, according to law, deposes and say~ that the Cumber : r1w Journal, a l~gal pel'iodiclIl pl!hli!\h~:d in the R(~n>L1gh of Carli sic in th\.' C'uunty and Slate : '~d, was cstabhshed January 2, 1952, and desIgnated by the local courts as the om : lepJ periodical for the publication of all legal notices, wId has, since January 2. 1952. been go_Iy issued weekly in the srud County, and that the printed notice or publication attached ~~ is exactly the same ,L<; was printed in the regular editions and issues of the said Cumber d ~w Journal on the fullowing dates, . ; t. viz: ". August 12, 19, 26, 2005 Affiant f'urUler dcpost:s that he is auLhnri7cd to verify this statement by the C Law Journal, a legal periodical of general ci.rculntiOI1, and tl1~tt he is /lot interested in matter of the aforesaid notice or advL'rtisement.. and lhat all nllcgulions in the Ii statements as to time, place and c1laracter of PUblication arc tnle. '-' .-. '--... ..._~" - ..... Da...w &.. .'4 lAte of South M!ddJeton 'town- &hfp. execut.n~: OrrstOwn Bank. P.o. Box 250. ShlppensbuTg. Pl\ 17257. Attorney: Nane. sw TO AND SUBSCIUBED before me --.1y"_dayof At)gust, 2005 SEAl l.0IS E. SNVDeR, HoIat'y PubIc C....Ibo.~td~ My ConwnIsWon ~ Meld) S. 2009 ..'.-, . ~i . ~. .:-.;. '1- i ". .j. i ','t. . l '\~ :{ STATUS REPORT UNDER RULE 6.12 Name of Decedent: DAVID E. HELM Date of Death: 12/7 /2002 Will No. 21-03-0002 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 X No b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in-interest? Yes X No d. Copies of receipts, releases, joinders and approvals of formal or informal accounts may b lIed with the Cerk of the Orphans' Court and may e attach to this report. Date: 10/20/05 ~' CHARLENE L. FEUCHTENBERGER Name (Please type or print) , C/O ORRSTOWN BANK, P.O. BOX 250 Address SHIPPENSBURG, ~A 17257 ( 7~7 530-2614 Tel. No. , .\ , ',' 0"';) . Capacity: X Personal Representative Counsel for personal representative -( MAH.:.,rnif:l'AiI3J ~'k i')I~'nlP. i\Ul\\\ ~i. ~.: gi j~g i ~ -!1l'!51i~i ~ ~ ~ - i ii t5 ~ , ii; 1 - .- ~~.8~~i~~. ~il!lllhH~ CiO ~ 1il ~ c:~ii i -c,T>< !i "C ~ ~ :2 . inE ! o. ! ~ :l& .~ ~. ~ -;: ~r.;..' . .i!'~Q)~i (I)~ '~'g"'ccii9?~g . . ~J~~2 ~!~ ~~~~S!~..~.~i Ctt) t::-)C' l ~c ,,'}l%lC._0: - ~ ~:::l ~ ~ ~ inc:. (p ~ +'. ~-. 0 € tJ.. ~ ~ :;;:'. ~- . '-'" >- t:; J!; ~ ~ ~ .;: c: ~a. 8 t.) '::< t:. 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