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Home My WebLink About02-0615 REV-l500EX {S.ooj / '7- ?8- /.;v v REV-1500 INHERITANCE TAX RETURN RESIDENT DECEDENT '* COMMONWEALTH Of PENNSYLVANIA . DEPARTMENT OF REVENUE oEPT. 280601 HARRISBURG, PA 17128-0601 fiLE NUMBER 21 02 0615 COONTYCODE YEAR ----- NUMBER I- Z W C W U W C DECEDENT'S ;,AME (LAST, FIRST, AND MIDDLE INITIAL) Merlino, Rosemarie SOCIAL SECURITY NUMBER 310-52-4277 DATE OF DEATH (MM.DD.YEAR) 06/28/02 DATE OF BIRTH (MM.DD.YEAR) 04/09/49 THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS SOCiAl SECURITY NUMBER (IF APPLICABLE) SURVIVING SPOUSE'S NAME (LAST, FIRST AND MIDDLE INITIAL) N/A W ... ::.:::!i!1 (.)"'~ w"g ",0.... Ug:1tl .. "" ~ 1. Original Return o 4. Umited Estate (!] 6. Decedent Died Teslate (A~ach ropy o'W~lj o 9. litigation Proceeds Received o 3. Remainder Return {dale of death priorW 12.13..82) o 5. Federal Estat-a Tax Return Required 8. Total Number of Safe Deposit Boxes o 11. Election to lax under Sec. 9113(A) (Altach Sell 0) o 2. Supplemental Return o 4a, Future Interest Compromise {dale ofdllall1 afler 12.12-82\ o 7. Decedent Maintained a Living Trust {Attach copy of Tn.lstl o 10. Spousal Poverty Credit (dale of (lea 111 bfJlwoon 12.31-91 and 1.1-95) ... Z W NAME ~ Shaun E. O'Toole, Esq. g; FIRM NAME (If AwiCllble) ll! Miller Lipsltt LLC is - TELEPHONE NUMBER (.) (717) 737-6400 ..AU. COR!Ie.. '~.IilCli'~1!I/lI'Ill!il!!lllI' , '....'.;\l!1((NFO~MA'IlCilI\l.s"'Ii!I;I~P."lil. . COMPLETE MAILING ADDRESS 2157 Market Street Camp Hill, Pennsylvania 17011 (1) (2) 13) (4) (5) 201,501,00 0.00 0.00 0.00 24,264.90 z o 3 :) l- ii: <( u W 0::: 1. Real Estate (Schedule A) 2. Slacks and Bonds (Schedule B) 3. Closely Held Corporation, Partnership or Sole-Proprietorship 4. Mortgages & Notes Receivable (Schedule D) 5. Cash, Bank Deposits & Miscellaneous Personal Properly (&:h,dul, E) 6. Jointly Owned Property (Schedule F) o Separate Billing Requested 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (Schedule G or l) 8. Total Gross Assets (total Lines 1-7) 9. Funeral Expenses & Administrative Costs (Schedule H) 10. Debts of Decedel'lt, Mortgage liabilities, & Liens (Schedule I) 11. Total Deductions (Iotal Lines 9 & 10) 12. Net Value of Estate (Line 8 minus Line 11) 13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election 10 tax has not been made (Schedule J) 33,651.88 192,143.02 0.00 (6) 0.00 (7) 0.00 225,794.90 (9) (10) (8) 30,130.73 3,521.15 (11) (12) (13) 14. Net Value Subject to Tax (Line 12 minus Line 13) (14) 192,143.02 SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES z o ~ I-' :) ll.. :IE o U ~ '5. Amount of Une 14 taxable at \he spousal tax 96,071.51 x .0 45 (15) rate, or transfers under Sec. 9116 (a)(l.2) 16. Amount of Une 14 taxable at lineal rate x .0 (16) 17. Amounl of U..,e 14 taxable at sibling rate x .12 117) 18. Amount of Une 14 taxable at collateral rate 96,071.51 x .15 (18) 19. Tax Due (19) 4,323.28 14.410,73 18,734.01 200 CHECK HERE If YOU ARE REQUESTING A REfUND Of AN OVERPAYMENT IF 1'0 ~~$Wl!R ALL ~ . .'lIlf1l' ~ lViCHECl< MATH < < Decedent's Complete Address: STREET ADDRESS __U4Gjengjlle priy~ CITYM h . -b ee ames urg, STATE PA liP 17050 Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) 2. Credits/Payments A. Spousal Poverty Credit 8. Prior Payments C. Discount (1) 18,734.01 0.00 0.00 0.00 3. InteresUPenalty if applicable D. Interest E. Penalty Total Credits (A + B + C ) (2) 0.00 0.00 0.00 TotallnteresUPenalty ( D + E ) (3) 4. If Une 2 is greater than Une 1 + Une 3, enter the difference. This is the OVERPAYMENT. Check box on Page 1 Line 20 to request a refund (4) A. Enter the interest on the tax due. (SA) 0.00 0.00 18,734.01 0.00 5. If Une 1 + Une 3 is greater than Une 2, enter the difference. ThIS is the TAX DUE. (5) 8. Enter the total of Une 5 + SA. This is the BALANCE DUE. (58) Make Check Payable to: REGISTER OF WILLS, AGENT 18,734.01 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; ........................................ .....__.............................. 0 ~ b. retain the right to designate who shall use the property transfarred or its income; ....................................... 0 [iJ c. retain a reversionary interest or.. ...................... ................... ........................................... 0 [iJ d. receive the promise for life of either payments, benefits or care? ................................................................. 0 [iJ 2. If death occurred after December 12, 1982. did decedent transfer property within one year of death without receiving adequate consideration? ....,.................................................................................... ................... 0 ~ 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? ............. 0 [iJ 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? .......... ................................................................................................. [iJ 0 IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FilE IT AS PART OF THE RETURN, Under penalties of pe~ury, I declare that I have examined this retum, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct and complete. Dedaration of preparer other than the personal representative is based on all information of which preparer has any knowledge. S~iGNATUREOFPE~N f1~ RETURN A RESS 206 Bosler venue, Lemoyne, PA 17043 SIGNA E OF P!:R~~T~N "REPRESENTATIVE DRESS 2157~arket Street,Camp Hill, PA 17011 fATE 0'5 1.'5/03 / DATE L ."3 ?/S (D:J For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 3% [72 P.S. ~9116 (a) (1.1) (i)]. For dates of death on or after January 1,1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse IS 0% [72 P.S. ~9116 (a) (1.1) (ii)]. The statute does not exemot a transfer to a surviving spouse from tax. and the statutory requirements for disclosure of assets and filing a tax return are still applicable even jf the sUlViving spouse is the only beneficiary. For dates of death on or after July 1, 2000: The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent, an adoptive parent, or a stepparent of the child is 0% [72 P.S. ~9116(a)(1.2)). The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal benef~iaries is 4.5%, except as noted in 72 P.S. ~9116(1.2) [72 P.S. ~9116(a)(I)]. The tax rate imposed on the net value of transfers to or for the use of the deoedent'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+ (6'9. COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE A REAL ESTATE ESTATE OF Estate of Rosemarie Merlino FILE NUMBER 21-02-0615 All real property ~wned solely or as a tenant in common must be reported at fair market value. Fair market value is defined as the price at which property would be exchanged between a willing buyer and a willing seUer, neither being compelled to buy or sell, both having reasonable knowledge of the relevant facts. Real property which is jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM NUMBER 1. DESCRIPTION VALUE AT DATE OF DEATH 201,510.00 Personal Residence 132 Glendale Drive Silver Springs Twp. Cumberland County Mechanicsburg, Pennsylvania 17050 (Per recent county assessment) TOTAL (Also enter on line 1, Recapitulation) $ 201,501,00 (If more space is needed, insert additional sheets of the same size) REV-1508 EX_ (6-98) .. COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY ESTATE OF Estate of Rosemarie Merlino FILE NUMBER 21-02-0615 Include ttte 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 NUMBER DESCRIPTION 1. Commerce Bank - Savings Account #623695 (Statement attached) 2. 1997 Chevrolet Blazer 3. 1995 Ford Explorer VALUE AT DATE OF DEATH $ 1,015.92 7,650.00 4,550.00 11,068.98 4. Personal injury settlement Gross Recovery $17,500.00 Less Legal Fees ( 5,833.33) Lest Costs ( 597.69) . Personal injury suit was sellled prior to Decedent's death. Net proceeds recieved after Decedent's death. TOTAL (Also enter on line 5, Recapitulation) $ 24,284.90 (If more space is needed, insert additional sheets of the same size) Commerce .Bank.. July 18, 2002 Law Office of Shaun E. OToole 2813 North Second Street Harrisburg, PA 17110 Dear Mr. O'Toole: We received your letter in regards to Ms. Merlino. We would like to inform you that Ms. Merlino only had one account with us and a MAC/VISA attached to that account. In answer to the questions that you had in regards to her account: 1. Exact title of the account: Rosemarie Merlino 2. Date the account was established: February 28, 1990 (02-28-90) 3. If there was a change of ownership etc.: none that we have on record 4. The date of death balance: $1015.92 5. Interest earned from January 1,2002 to present: $30.03 This is an interest bearing account and will continue to accrue interest until it is closed. There has been activity on it since Ms. Merlino's date of death, and if you have any further questions please feel free to contact us at (717) 975-7546. ~~~~ Nicole Sanderson Customer Service Representative Hampden Center Commerce Bank/HBG, N.A. P.O. Box 8599 100 Senate Avenue Camp Hill. Pennsylvania 17001-8599 03/21/2003 14:38 FAX 7172349478 HWK&E HGB PA 141002 August 2, 2002 Jerry Harper Executor of the Estate of Rose Marie Merlino 132 Glendale Drive Mechanicsburg, P A 17050 RE: MERLINO VO Petsmart 84-85 FINAL STATEMENT OF DISTRIBUTION Gross Recovery $ 17,500.00 $ 5.833.33 $ 11,666.67 Less Contingent Fee (33 1/3%) - MWK&E, P .C. Less Other Costs: 03f25f02 07/31/02 07/31/02 08/02/02 08/02f02 08/02/02 CHARTONE - medical records $ Long distance phone calls $ F~ $ Payment of medical bill (Wharton Wellness) $ Payment of medical bill (McMillen & Mcgargle) $ Notary Fee - Carol Lyter $ 41.66 1.03 3.00 400.00 150.00 2.00 TOTAL COSTS $ 597.69 TOTAL DUE TO THE ESTATE OF ROSE MARIE MERLINO $ 11,068.98 TOTAL DUE TO METZGER. WICKERSHAM, KNAUSS & ERB, P.C. $ 6,431.02 RECEIPT OF SETTLEMENT PAYMENT ACKNOWLEDGED: Dated: JERRY HARPER Executor of the Estate of Rose Marie Merlino Dqcu.msnl #: 219867.1 REV.'5'O EX+ 15.9.* COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE G INTER-VIVOS TRANSFERS & MISC. NON-PROBATE PROPERTY ESTATE OF Estate of Rosemarie Merlino FILE NUMBER 21-02-0615 This schedule must be completed and filed if \he answer to any of questions 11hrough 4 on the reverse side of the REV-1500 COVER SHEET is yes. DESCRIPTION OF PROPERTY ITEM lNCl.UOETHE NAME OF THE TRANSFEREE, THEIR RELAT10NSHIPTO DECEDENT AND DATE OF DEATH % OF DECD'S EXCLUSION TAXABLE NUMBER THE DATE OF TRANSFER. ATTACHAcaPVOF THE DEED FOR REAL ESTATE. VALUE OF ASSET INTEREST f1FAPPUCABLEl VALUE \. Individual Retirement Account $10,910.84 100% 100% -0- Charles Schwab & Co., Inc, Account # HG 6854-8141 Date of Transfer: August, 2002 Transferee: Estate of Rosemarie Merlino 2, Individual Retirement Account $53,908.65 100% 100% -0 Charles Schwab & Co., Inc. Account # HG 5099-0451 Date of Transfer: August, 2002 Transferee: Estate of Rosemarie Merlino TOTAL (Also enter on line 7 Recapitulation) $ 0.0 o (If more space is needed. insert additional sheets of the same size) REV.'511 EX+ (12.". COMMONWEALTH OF PENNSYLVANIA INHERITANce TAX RETURN RESIDENT DECEDENT SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS ESTATE OF Estate of Rosemarie Merlino FILE NUMBER 21-02-0615 Debts of decedent must be reported on Schedule 1. ITEM NUMBER DESCRIPTION AMOUNT A. FUNERAL EXPENSES: ,. Hetrick Funeral Home. Inc, $1,574,60 2, Post-funeral Memorial 1,450,00 B. ADMINISTRATIVE COSTS: ,. Personal Representative's Commissions 8,000,00 Name of Personal Representative(s) Jerry Harper Social Security Number(s)tEIN Number ol Personal Representa\\ve(s) Street Address 206 Bosler Avenue City Lemoyne Slate~Zip 17043 Year(s) Commission Paid: 2003 2, Attorney Fees 11,000,00 3. Family Exemption: (If decedent's address is nolthe same as claimant's, attach explanation) Claimant Street Address City State _Zip Relationship of Claimant to Deceden! 4, Probate Fees 267.00 5, Accountant's Fees 6, Tax Return Preparer's Fees 7, PP&L 530,00 - Electric 8, Verizon 62.43 - Telephone g, Wayne Ross 4,000,00 - Autopsy Subtotal from Page 2 3,246,70 TOTAL (Also enter on line 9, Recapitulation) $ 30,130.73 (If more space is needed, insert additional sheets of the same size) SCHEDULE H (Cont.) ESTATE OF ROSEMARIE MERLINO File Number 21-2002-0615 10. Pine Creek Structures 1,558.20 --Shed for cats 11. J an Barett 173.00 -- Cat food & litter 12. Scott's 285.00 -- Leveling and cleaning 13. Pennsylvania Dept. of Transportation 145.50 -- Transfer two vehicles 14. Avian & Faline Hospital 156.00 Check-ups for cats 15. Register of Wills 9.00 -- Additional short certificates 16. J. J. Skelton Oil Co. 520.00 -- Fuel Oil 17. Kathryn James 400.00 -- House cleaning Subtotal (page 2) $ 3,246.70 REV-1512 EX+(6-98) . SCHEDULE I DEBTS OF DECEDENT, MORTGAGE LIABILITIES, & LIENS COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Estate of Rosemarie Merlino FILE NUMBER 21-02-0615 Include unrelmbursed medical expenses. ITEM NUMBER 1. The Bon-Ton - Credit Card Balance 2. Direct TV 3. PP&L - Electric 4. York Waste Disposal 5. MBNA - Credit Card Balance 6. USAA - Auto insurance 7. Target - Credit Card Baiance B. Boscov's - Credit Card Balance 9. AT&T Wireless 10. Verizon - Telephone 11. The Patriot-News 12. Home Depot - Credit Card Balance DESCRIPTION VALUE AT DATE OF DEATH 32.90 33.07 161.34 30.00 2,500.00 210.00 33.00 20.00 55.05 42.00 2.05 401.74 TOTAL (Also enter on line 10. Recapitulation) $ 3,521.15 (If more space is needed, insert additional sheets of the same size) REV-1513 EX+ (9-00) .. SCHEDULE J BENEFICIARIES COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Estate of Rosemarie Merlino FILE NUMBER 21-02-0615 RELATIONSHIP TO DECEDENT AMOUNT OR SHARE NUMBER NAME AND ADORESS OF PERSON(SI RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE I TAXABLE DISTRIBUTIONS (include outright spousal distributions, and transfers under Sec. 9116 (a) (1.21) 1. Jerry Harper Son 1/ 206 Bosler Avenue Lemoyne, PA 17043 2. Katherine A. Snavely-Roemer Niece 1/ 132 East Locust Street Mechanicsburg, PA 17055 ENTER OOLLAR 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 TOTAL OF PART 11- ENTER TOTAL NON-TAXABLE OISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET $ 2 2 (If more space is needed, insert additional sheets of the same size) - LAST WILL AND TESTAMENT OF ROSEMARIE MERLINO 21-02-615 I, ROSEMARIE MERLINO, of the Township of Silver Spring, the County of Cumberland, and the Commonwealth of Pennsylvania, being of sound and disposing mind, hereby make, publish and declare this my Last will and Testament, hereby revoking and making void all prior wills and other testamentary writings at any time heretofore made by me. FIRST: I direct my Executor, hereinafter named, to pay all of my just debts, funeral and testamentary expenses as soon as conveniently can be done after my demise. SECOND: I give, devise and bequeath my entire estate, of whatsoever kind and.wheresoever situate, unto my beloved husband, STANLEY SNAVELY; THIRD: Should my husband predecease me, or should he survive me by a period of less than one hundred and twenty (120) days or should my said husband, not be my husband at the time of my death, or should he die simultaneously with me, or in a common disaster, it being my direction and intent that in the event of such simultaneous death or common disaster no Uniform Act regarding such event shall apply and only this provision of this will shall apply, , - " , .'-" "" ., . H' _, " " - then I give, devise, and bequeath all the rest, residue, remainder of my estate to JERRY HARPER, my son and KATHERINE EILEEN SNAVELY, my husband's niece in equal shares per stirpes. FOURTH: If any of my beneficiaries are under the age of twenty-one (21) at the time of my death, then their share of my estate shall be placed in Mellon Bank of Harrisburg, in Trust for their benefit. Said trustee shall have the following powers: A. To manage all assets of the Trust for the beneficiaries named above and to pay such income and principal as the Trustee in its sole and unfettered discretion deems to be necessary for the proper maintenance, upkeep, and education of any and all of the beneficiaries as they were maintained before my demise. B. To retain any property or investments herein transferred and devised In Trust, as long'as the Trustee may deem it advisable to do so and to distribute the remainder of the corpus to the then income beneficiaries if, in the Trustees' discretion, the size of the account has become too small to be practical or uneconomical to continue. C. To vary investments when deemed desirable by the Trustee, and to invest in such bonds, stocks, notes, real estate, mortgages or other securities, including stock in the - corporate Trustee itself, or in such other property, real or personal, as said Trustee may deem wise, without being restricted to so-called "legal investments," and without being limited by any statute of rule of law regarding investments by fiduciaries. D. To make any division of the principal of the Trust assets or any distribution of the assets partly or wholly in kind. If such division or distribution is made in kind, said assets are required to be divided and distributed at their respective values on the date or dates of their division or distribution. E. To sell at public or private sale, and upon such terms and conditions as the Trustee may deem advantageous, any or all real or personal estate or interest therein owned by the Trust, severally or in connection with other persons, and to consummate such sale or sales by sufficient deeds or other instruments to the" purchaser or purchasers, conveying a fee simple title, free and clear of all Trusts and without obligation or liability of the purchaser or purchasers to see the application of the purchase money or to make inquiry into the validity of said sale or salesl also, to make, exercise, acknowledge and: deliver any and all deeds, assignments, options or other writings which may be necessary or desirable, in carrying out any of the powers conferred upon the Trustee ~- - ..' .. -~. ~ " -," in this paragraph or elsewhere in this instrument. F. Until any distribution is actually made or paid over to any beneficiary, all principal and income passing in accordance with the terms of this Trust shall be free of any debts, contracts, alienations, assignments, encumbrances or anticipations of any beneficiary and the same shall not be subject or liable to any levy, attachment, execution or sequestration while in the possession of the Trustee. G. To pay all costs, taxes, expenses, compensation and charges in connection with the administration and termination of the Trust. H. To do all other acts in the Trustee's judgment deemed necessary or desirable for the proper and advantageous management, investment and distribution of the Trust ,-----. assets. I. Compensation for the corporate Trustee for services performed hereunder shall be in accordance with the fee schedule in effect for Trustees when the services are rendered. J. This Trust shall be governed by the laws of the Commonwealth of Pennsylvania and its situs shall be . "' .. .. ._.. - '.~ - ....... ... . ..' . .. Dauphin County, Pennsylvania. K. This Trust shall be distributed as follows: The entire Trust shall be distributed whenever the Beneficiary reaches twenty-one (21) years of age. FIFTH: Should there be any property of whatsoever kind and wheresoever situate which I have the right to dispose of at the time of my death, including but not limited to any special or general power of appointment or both, I hereby appoint the same to my Executor set forth in Paragraph sixth hereof. SIXTH: I nominate, constitute and appoint my husband, STANLEY SNAVELY as Executor of this my Last will and Testament and further direct that he shall serve without bond. If the said Executor is for any reason unable or unwilling to serve as Executor of this, my Last will and Testament, then I nominate, constitute and appoint JERRY HARPER as substitute Executor. He too shall serve without bond. Said Executor shall have the power to discharge all the debts, liens and encumbrances upon my estate, as well as any taxes thereon, to pay for the cost of the final disposition of my remains and final illness, if any, to receive any and all commissions and other compensation for services rendered by me during my lifetime and to perform any and all fiduciary duties authorized by statute. Further, I direct my Executor to preserve my estate and any . " . .-..~.....' ... ......,... .."'~. .-. .. . structions pertaining to the distribution of the same from any tachment or anticipation while in the hands of my said personal presentative, it being my express intent that all legacies shall free from any attachment or anticipation while in the hands of e accountant for my estate. SEVENTH: I direct my Executor or successor to use GARY J. BLUM of Harrisburg, Pennsylvania, as attorney for my estate, he ing familiar with my affairs. WITNESS WHEREOF, I have to this my Last Will and Testament, type itten on six ereof this pages of paper, set my hand. and seal at / day of ~'1~ /iL(/.&f.), 1992. ~f:!&<' the end (SEAL) GNED, SEALED, PUBLISHED and DECLARED by the above-named statrix, ROSEMARIE MERLINO, as and for her Last Will and stament in the presence of us who, at her request, in her Men.ce.,,<md in the presence of each ,,(),!:her.... @.lJ,_~,pre.sent at e'.same time, have hereunto set our hands as witness s. Name /, /J' ~ --~.L--- Name ... ., '" ......... .... .-' .~'^ . .. . ... - ......... COMMONWEALTH OF PENNSYLVANIA . . : ss. COUNTY OF DAUPHIN : I, ROSEMARIE MERLINO, Testatrix whose name is signed to the attached or foregoing instrUDlent, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrllDlent as my Last Will and Testament 1 that I signed it willinglY1 and that I signed it as my free and voluntary act for tbe purpo.e. tbere;. expre..ed~f~~ Sworn and subscribed to Testatrix, this {-Sr. day of COMMONWEALTH OF PENNSYLVANIA b~ore me by ROSEMARIE MERLINO, ~~~ ' 1992. ~~/~XP~" (SEAL) ~1t.d.~PIbic . Myc.:.'i'b.<b.~~~995 . 1.loniiOi'. : 55. . ~of~ the COUNTY OF DAUPHIN . . We, GP,<tNf ::r 1f'l(k.vrY\ ! 7:..~ '..<...~ the witnesses whose names are signed to the attached or foregoing instrllDlent, being duly qualified according to law, do depose and say that we were present and saw ROSEMARIE MERLINO, Testatrix, sign and execute the instrUDlent as her Last Will and Testamentl that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed 1 that each of us in the .~.heg;i.p.-9..;~!ld. si"q);) of the Testatrix signed the Will as witnesses, and that to the best of our knOWledge the Testatrix was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. Sworn to and SUbscr~efore me this I~ day of ~<, 1992. i~bt~// No Y Public y Commission Expires: (SEAL) No, ."". J _Jo H;i Naioy PIbk; !.IliIyMIe Bom.!'my Coony MyWt.,~" ExpiMsJan. 14,1995 f.Aerrber.P~~IO::'.ii;-.3:";; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF ROSEMARIE MERLINO: 2002-00615 PRAECIPE TO WITHDRAW APPEARANCE TO THE REGISTER OF WILLS: Please withdraw the appearance of Gary J. Imblum, Esquire, Knupp, Kodak & Imblum, P.C. as attorneys for the Estate of Rosemarie Merlino. Said withdrawal is requested as the Executor of the Estate removed the file from our offices. TO Cumberland County j Register of Wills //J/-~ _, ~) Dated: June 25, 2004 ~"w~~t~~'~' ~//~ff::~ry J. Imblum ~ /~ Attorney I.D. No. 42606 C. ! JRD/June 30, 1992/17858 In Re: Estate ofRosemarie Merlino · ORPHANS' COURT DIVISION Late of East Pennsboro Township · COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY Estate No.' 2002-615 · PENNSYLVANIA NO. 21-Rosemarie Merlino NOTICE OF FAILURE TO FILE STATUS REPORT AND REQUEST TO CONDUCT A HEARING PURSUANT TO RULE 6.12, SUPREME COURT ORPHANS' COURT RULE Personal Representative: Jerry Harper Counsel for Personal Representative: Gary J. Imblum, Esquire Date of Decedent's Death: 06/28/02 Date of Delinquency Notice: 07/14/04 The undersigned, Glenda Famer-Strasbaugh, Clerk of Orphans' Court, in accordance with Rule 6.12, Supreme Court Orphans' Court Rules, hereby notifies the Orphans' Court Division, Court of Common Pleas of Cumberland County, that neither the above named personal representative nor the above named counsel for the personal representative have filed with the Register of Wills or Clerk of the Orphans' Court his, her or its Status Report required by Rule 6.12, Supreme Court Orphans' Court Rule and that the requisite notice, pursuant to Rule 6.12, Supreme Court Orphans' Court Rules, was given by the Clerk of the Orphans' Court on April 30, 2004, and that the ten (10) day notice to file the Status Report has expired. Accordingly, in accordance with Rule 6.12 the Court is hereby notified of such delinquency and the undersigned requests that a Court conduct a hearing to determine whether sanctions should be imposed upon the delinquent personal representative or counsel for the delinquent personal representative. enda Famer Strasbaugl~ Clerk of the Orphans' Court Distribution: ~'Personal Representative Counsel for Personal Representative Estate File A he~ng is scheduled for at in Cou~room No. 3. If the Sta~s Repo~ is filed phor to the heahng date, the hearing will automatically be c~celled. ~ ~ ~ Georg~ ~;ff~, P.). LAW OFFICES OF KNUPP, KODAK & IMBLUM, P.C. CAMERON MANSION Robert E. Knupp Robert L. Knupp 407 NORTH FRONT STREET (t909-1976) Robert D. Kodak POST OFFICE BOX 11848 Gary J. Imblum , HARRISBURG, PA 17108-1848 Robert H. Maurer Telephone: 717/238-7151 (1923.1998) Facsimile: 7'171238-7158 emaih kki.law~verizon.net July 21,2004 OFFICE OF THE REGISTER OF WILLS CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE PA 17013 RE: Estate of Rosemarie Medino, Deceased Estate No. 2002-615 Our File No. 7-02-0222 Ladies and Gentlemen: Pursuant to my telephone conversation with your office on July 20, 2004, and in accordance with your instructions, we are returning the original Notice of Failure to File Status Report and Request to Conduct a Hearing Pursuant to Rule 6.12 in the captioned Estate. You have on file our Praecipe to Withdraw, which was filed on or about June 25, 2004. Thank you for your attention to this matter. Very truly yours, KNUPP, KODAK & IMBLUM, P.C. (~ ~'/ /bjh '~or enclosure(s) cc Gary J. Imblum, Esquire STATUS REPORT UNDER RULE 6.12 Name of Decedent: Rosemarie Merlino Date of Death: June 28, 2002 Estate No.: 2002-615 Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: Yes No X 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: Unknown 3. If the answer to No. 1 is yes, state the following: A. Did the personal representative file a final accounting with the court? Yes No B. The separate Orphans' Court No. (if any) for the personal representative's account is: C. Copies of receipts, releases, j oinders and approvals of formal or informal accounts may be filed with the Clerk of the Orphans' court and may be attached to this report. .~gnature Shaun E. O'Toole Name (Please type or print) 2813 North Second Street Harrisburg, Pennsylvania 17110 Address (717) 213-6653 Telephone No. Capacity: Personal Representative X Counsel for Personal Representative IN THE DOURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: ESTATE OF ROSEMERIE : ORPHANS' COURT DIVISION MERLINO, Deceased : : PETITION TO WITHDRAW AS LEGAL COUNSEl, AND NOW, COMES Petitioner, Shaun E. O'Toole, Esquire, and files ~his Petition to Withdraw as Legal Counsel and, in support thereof, represents as follows: 1. Petitioner is an attorney licensed to practice law in the Commonwealth of Pennsylvania with a principal office at 2813 North Second Street, Harrisburg, Pennsylvania. 2. Decedent, Rosemarie Merlino, died on June 28, 2002, leaving a Will dated September 1, 1992, which was duly admitted to probate on July 3, 2002, by the Register of Wills of Cumberland County at No. 2002-00615. 3. Letters Testamentary were issued for Decedent's estate to Decedent's son, Jerry Harper ("Executor"). 4. On or about July 12, 2002, Executor retained Petitioner to represent him in his capacity as executor of Decedent's estate. 5. Over the past ten months, Petitioner has left numerous telephone messages on Executor's answering machine asking Petitioner to return the calls to discuss estate matters which Executor never did. 1 6. On or about October 2, 2003, Petitioner mailed Executor a statement for services rendered during the period of July 1, 2003 through September 30, 2003, in the amount of $1,589.07, which Executor has not paid. 7. On September 27, 2004, Petitioner mailed Executor a copy of the Status Report he had filed with the Cumberland County Orphans' Court with a letter informing Executor that if he did not contact Petitioner by October 1, 2004, Petitioner would petition this Court to withdraw as counsel for the estate. Attached as Exhibit "A" is a true and complete copy of the September 27, 2004 letter. 8. Executor did not respond to Petitioner's September 7, 2004 letter. WHEREFORE, Petitioner requests that a citation be issued to Jerry Harper, executor of the estate of Rosemarie Merlino, to appear and show cause, if any there be, why Petitioner, ShaunE. O'Toole, Esquire,' should not be allowed to withdraw as legal counsel for Jerry Harper, executor of the estate of Rosemarie Merlino. Respectfully submitted, Date:i/2/~4' ~¢ ~c ~haun E. O'Toole / Attorney I.D. No. 44797 2813 North Second Street Harrisburg, Pennsylvania 17110 717.213.6653 Petitioner Law Office of $14~UN E. O'ToOLE 2813 North Second Street Harrisburg, penngylvania 17110 (717) 213-6653 Fax (717) 213-0272 September 27, 2004 Mr. Jerry Harper 206 Bosler Avenue Lemoyne, Pennsylvania 17043 Re: Estate of Ro~enmrie Merino Dear Jerry: Enclosed is a copy of the Status Report I rectmtly filed with the Cumberland County Orphsn~' Court. A status r~port must be filed every two yeats until the estate is closes. IfI do not hear from by the end of the week (October 1), I will petition the court to withdraw as co~m~l to thc ~t_~t_o. Very truly yours, Shaun E. O'Toole Enclosure Exhibit "A" VERIFICATION The undersigned hereby verifies that the statements of fact in the foregoing Petition are true and correct to the best of my knowledge, information and belief, i understand that any false statements therein are subject to the penalties contained in 18 Pa. C.S.A. §4904, relating to unswom falsification to authorities. Date: it /12 /~4 ~ ~Srhaun E. O'Toole Attorney I.D. No. 44797 2813 North Second Street Harrisburg, Pennsylvania 17110 717.213.6653 Petitioner CERTIFICATE OF SERVICE I hereby certify that on this day I have served a true and correct copy of the foregoing Petiton upon the following individual via regular mail: Jerry Harper 206 Bosler Avenue Lemoyne, Pennsylvania 17043. ~Srhaun E. O'Toole Attorney I.D. No. 44797 2813 North Second Street Harrisburg, Pennsylvania 17110 717.213.6653 Petitioner IN THI~ DOURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: ESTATE OF ROSEMERIE : ORPHANS' COURT DIVISION MERLINO, Deceased : : No.: l i- ~'~ l' ~'~: 15 CITATION AND NOW, this (7 ~k~y of~ 2004, a Citation is issued to Jerry Harper to show cause, if an there be, why Petitioner's Petition to Withdraw as Legal Counsel should not be granted. Citation returnable f-- '1,,~:-c .... l F ~-~.~ BY THE COURT, IN RE: ESTATE OF iN THE COURT OE COMMON PLEAS OSEMERiE MF. RLINO, DECEASED ORPHANS' COURT DIVISION CUMBERLAND COUNTY, PENNSYLVANIA NO.2 [ -2002-0615 CITATION WE COMMAND, you that layiug aside all business and excuses ~vhatsoevcr, you be and appear ii1 your proper pcrson before the Honorable Judges of the Court of Common Pleas, Orphans' Court Division at a session of the said Court there to bc he[d, lbr thc Couuty of Cumberland to show cause why Petitioner's Petition to Withdraw as Legal Counsel should not be granted. Citation returuable 15 days after service. Witness my hand an official scal of office at Carlisle. Ponnsylwm a, this 19th day of November 200~4. , /(lerk, Orpbans Court Division ~¢;Ji ~,a~.' ' Cumberland County, Carlislc, PA I'V~ ~ ]]/X~ (~g~ My Commissim~ Expires on thc l~ Monda) : )~'~ ~ January, 2006 ~ ~! , ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: ESTATE OF ROSEMARIE : ORPHANS' COURT D1VISION MERLINO, Deceased : : No.: 21-02-00615 : -,:c:~: c~_o~-- MOTION TO MAKE RULE ABSOLUTE ~NOW, COMES Petitioner, Shaun E. O'Toole, Esquire, and files this Motion to Make Rule Absolute and, in support thereof, represents as follows: 1. On November 12, 2004, Petitioner filed a Petition to Withdraw as Legal Counsel. 2. On November 19, 2004, this Honorable Court issued a Citation directing Jerry Harper, Executor of the Estate of Rosemarie Merlino, to show cause within fifteen (15) days after service why the relief requested by Petitioner should not be granted. 3. On November 29, 2004, service of the above-referenced Rule to Show Cause was made on Jerry Harper by first class mail. An Affidavit of Service is attached. 4. Jerry Harper has failed to show cause on or before December 14, 2004, why the relief requested by Petitioner should not be granted. WHEREFORE, Petitioner, Shaun E. O'Toole, Esquire, respectfully requests that his Petition to Withdraw as Legal Counsel be granted. Respectfully submitted, ~S<~haun E. O'Toole Attorney I.D. No. 44797 2813 North Second Street Harrisburg, Pennsylvania 17110 717.213.6653 Petitioner VERIFICATION The undersigned hereby verifies that the statements of fact in the foregoing Motion are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa. C.S.A. {}4904, relating to unswom falsification to authorities. ~S~haun E. O'Toole Attorney I.D. No. 44797 2813 North Second Street Harrisburg, Pennsylvania 17110 717.213.6653 Petitioner CERTIFICATE OF SERVICE The undersigned hereby certify that on this date a tree and correct copy of the foregoing Motion was served by first-class, United States mail, postage prepaid, upon the following: Jerry Harper 206 Bosler Avenue Lemoyne, Pennsylvania 17043. -'S~aun E. O'Toole f Attorney I.D. No. 44797 2813 North Second Street Harrisburg, Pennsylvania 17110 717.213.6653 Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 1N RE: ESTATE OF ROSEMARIE ORPHANS' COURT DIVISION MERLINO, Deceased NO. 21-02-00615 AFFIDAVIT OF SERVICE I, Shaun E. O'Toole, Esquire, being duly sworn according to law, depose and say that I made service to Jerry Harper of the certified Citation on November 29, 2004, by mailing said Citation to Jerry Harper by first class, United States mail, postage prepaid to his last known address at 206 Bosler Avenue, Lemoyne, Pennsylvania. S~aun E. O'Toole Sworn to_and Subscribed before me this r/~ ~Tklay of December, 2004. Notary PuDlic JAMES A. MILLER, Notary Pul~ttc / IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: ESTATE OF ROSEMARIE · ORPHANS' COURT DIVISION MERLINO, Deceased · · NO. 21-02-00615 ORDER AND NOW, this _2~day of ~' a-_ ,200 ~/ , upon consideration of the attached Petition, it is hereby ORDERED and DECREED that said Petition is GRANTED, and Petitioner, Shaun E. O'Toole, Esquire is withdrawn as legal counsel for Jerry Harper, executor of the estate of Rosemarie Merlino. BY THE COURT, REGISTER OF WILLS OF CUMBERLAND COUNTY PETITION FOR GRANT OF LETTERS Estate of ROSEMARIE MERLINO No.21 2002 615 also known as ROSEMARIE MERLINO , Deceased Social Security No. 310-52-4277 JERRY HARPER Petitioner(s), who is/are 18 years of age or older, appJy)ies) for: (COMPLETE "A" OR "B" BELOW:) GJ A. Probate and Grant of Letters and aver that Petitioner(s) is/are the execut OR Decedent, da,d 9/1/92 and codicil(s) dated l STl9<v\_!i'( 5Mt'l~L'1 tJO D \TlIlV~... 01) . named in the Last Will of the State relevant circumstances, e.g., renunciation, death of executor, etc Except as follows, Decedent did not marry, was not divorced and did not have a child born or adopted after execution of the documents offered for probate; was not the victim of a killing and was never adjudicated incapacitated: o B. Grant of Letters of Administration (c.t.a., d.b.n.c,ta.: pendente lite, durante absentia; durante minoritate) Petitioner(s) after a proper search has/have ascertained the Decedent left no Will and was survived by the following spouse (if any) and heirs: r Name Relationship Residence I JERRY HARPER SON 206 BOSLER AVE. LEMOYNE, PA 17043 (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in CUMBERLAND County, Pennsylvania, with his/her las family or principal residence at 132 GLENDALE DRIVE, MECHANICSBURG, PA fttST P'iNtv5Bctlo 'JCM/NSIf1P (list street, number and municipality) Decedent, then 53 years of age, died JUNE 28 2002 at HOLY SPIRIT HOSPITAL , - , (Location) Decedent at death owned property with estimated va~ues as follows: (if domiciled in PA All personal property.. $ (if not domiciled in PA Personal property in Pennsylvania. $ (if not domiciled in PA Personal property in County. $ Value of real estate in Pennsylvania .................... ..................................... . ................. $ Total. $ Real Estate situated as follows: 132 GLENDALE DRIVE, MECHANICSBURG, CUMBERLAND COUNTY, PA 10,000.00 90,00000 100,000.00 Wherefore, Petitioner(s) respectfully request(s) the probate of the Last Will and Codicil(s) presented with this Petition and the grant of letters in the appropriate form to the undersigned: r Signature Typed or printed name and residence I .Ji.. . ~~. ._1. ] , "-V --, JERRY HARPER 206 BOSLER AVE LEMOYNE, PA 17043 /7. -),3- /.;1-- Oath of Personal Representative Commonwealth of Pennsylvania County of CUMBERLAND COUNTY The Petitioner(s) above-named swear(s) and affirm(s) that the statements in the foregoing Petition are true and correct to the best of the knowiedge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to and affirmed and subscribed before me this 3rd day of ( , () 1\ ^ J. (jJ A ^ 11) 0 A ) JULY 2002 V~ ~/;y() ~/(;Y//I//J/ ~~d'<7/ DECREE OF REGISTER Estate of ROSEMARIE MERLINO Deceased No.21 2002 615 also known as Social Security No: 310-52-4277 Date of Death: 6/28/02 AND NOW, JULY 3 2002 , in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters IlSl Testamentary 0 of Administration ((c.ta., d.b.n.c.t.; pendente lite; durante absentia; durante minoriate) are hereby granted to JERRY HARPER ~"-, ,,- ;..1' , " C.J ~; in the above estate and that the instrument(s), if any, dated SEPTEMBER 1, 1992 described in the Petition be admitted to probate and filed of record as the Last Will of Decedent. c. r- I l.0 FEES Letters $ 235.00 ~/ftH.~/(7 ~nh//kj 3ft, //"~;u"'~/ ~ L. ~egistQr'of ';Vins ' - -; . "-. Short Certificates(s) ............... 9.00 Renunciation ............. $ $ $ $ $ $ $ $ Extra Pages ( 18.00 Signature I.T.R....................................... JCP Fee. 5.00 Attorney: GARY J. IMBLUM 1.0. No: 42606 Address: 407 NORTH FRONT ST., P.O. BOX 11848 HARRISBURG PA 17108 Telephone: (717) 238-7151 DATE FILED: 7/3/02 Inventory ............ Other ....... TOTAL.... ...................$~ '7, f!!!? /?;l/l//ec/ /.." ~#~y 7-~o;1-- 'I'; QI'-; ,,1 \ "Or .. need, co ied from an origin~ll cert~ficate of death dul~ flied with 1 hIS IS to cemfy th.lt the mfonnanon here glve~ IS cOd d ) h PSt. Vital Records attlce for permanent filmg. I Registrar. The angmal certificate will be lorwar c to t e , ta {' Loca me as WARNING: It is illegal to duplicate this copy by photostat or photograph. P 8454224 No. ~'f/I"'#;"'/~ ,,-::,;":':tl.l.flOfl --. ",':'"\,,n PE;;...... ",,,-~,r "4" /~' ~~\. 1"".<:;'" ~~/ '!I.""'. \":I?:~ ~~I-.., 'I~~ ~ I ~~ _ ,):o.~ .,u ,a .' ~ \*", _:~-.-.,/*I ,d<~' /.'<>" ~ c-Q>\- /,....,\ "':.~~ /~"t-"" '...~rMfN~ i~ ~"""" "'-'1,,,,,,,,,,,,,/1111,,11 ;' Fee for this certificate, $2.00 7 -,; - t1 '-;2, Date " 21-02-615 ". COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT Of HEALTH. '4\TAl RECORDS CERTIFICATE OF DEATH H10; .JR..2.',7 PflPAJIH ~ ~""Nf.NT ....CKlNK AaE 'Ln' e""""'Vl UHOER I YEAA M"""'" O.y. '" z. Female s.rM~"I.E""_1\ SC<;JAL'EcuIlH......U\lIjEFl , 310 52 O"'T1,O Llrte~ d N......EOfOEcEoeNT,~".. .._.......1 .. Rosemarie Merlino 4277 .. 53 ,. UNOERtDRf """"" 1111-- IllRTl<IPIJ.CE;<::,'......~ ,1.r..;$"e.<..."C:",.movl I'VoC1iOFOE...li'O,r.""".o,....,...........n.,"."''-'''.''''.-''''",_, I'fOSPfL\,L l_h"UJ8l eRlOulpal_ L...j ~IO , COUNNOFOE,(I'l'( .. Cumber land 5(!/{(IT tJ 0SPIT AL- white OECe Iff'S usu..... OCCIJP4l"IOH lal~~;;..~.::~:r k government 'u. social wor er '1., tlECEDEHT.SMM.WG~ssfSl<""'.C""""""'.~.l;peoa.l 132 Glendale Drive Mechanicsburg, PA 17050 - 5 1..",5_1 ... IMRl1Iol.SWU$'Iol.,,,.., N_Iol.......,.Wido_. ~~...,\ widow SURIi,VlI;QSPOUSE II..... J'......-- ~ 2 ~ c c I . , Ot:CEDlENT'$ PA tre-IE ___,....,... ""'".. 171.SlM. "" .. RESlOt:NCE -- Is....~ M" """"''''-1 Cumberland -' 11".O::w.~=o/ ...- tFll.C_ I.IOlI'IEIt.S_,f.II...._...._s....~.1 Vivian Nation c ~ c . l . .. 'lI;>ltIebt<lat",'"""iMecIg<.<l<..hOC__.....lh.I'm..doc.."aphlC....I<d ~._T"'I ... INfOAlol.'Nl"$MAllIHQAOOI'lESSIS~....Corylbotl, SloI<.41CodooI 206 Bosler Ave. Lemo e PA 17043 P\..f\CEOf'OI$PO$ll~ .tt_OIc.....wy.C.-.1OIV tOC.moN. CII'j'ITowrl, 51.... rilleao. .""""- B F H Crematory n. """-'''''''_'''~f( ~etrlcK f'un. tiome, lICENSEtfU!.IBER Grantville, PA 17028 ... Inc., 3125 Walnut St., Hbg. 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HIlI. c:urtll'lUllCt<<>o on~ ",,"I 'curTlI"YlNGPHYSICl~jPh\'f";....."""il't"'qc.>oJ~tY'o.Mn_""""'''~SoO,""',"0'_''''''''""dC""",,,_i''''''2J' TQ_~<ol""'''~.".'''_c~.-...I''_'''''''c''''''-<l_'''"nnl'..'''''<<I...,..,.. .....,............... n. PlACEOI'IPlJURY.Al""ml..I.m.J1.....,'ao:lOtl<O""'. ~...,S,pI<;'M ... 01.. .~NGANOCfflTtf'l'IHG""'I'SICl...NI""'..,'...."""';.vot'OY"c'~~~...."...".....,....'oc.y.."'''''''''' rO'..._......,k_..rOtlll..".'~..c."..."......,_._. _plU..lfI<IlI~.I..~CI~"'".)andmlnnl'...'.,... '''IlOICM.UAMlMERlCOflOl\lI!R On ,toe ttUl. DI.um,,,,'loro ....uor'n....1i'l.ti..n, 'n "'1 op.onion. du'" occ.....~O\ m.......,..II.I~_. '" REG'STRolA'5'ilG.~.o.'l"""P.E..liClt\)>O&f:R t_.....I...nllpl.n,"ndd....,oth.U"../..lnd ".;'1 fl,? <:.vl; ~ p":/ 21-02-615 LAST WILL AND TESTAMENT OF ROSEMARIE MERLINO I, ROSEMARIE MERLINO, of the Township of Silver Spring, the County of Cumberland, and the Commonwealth of pennsylvania, being of sound and disposing mind, hereby make, publish and declare this my Last will and Testament, hereby revoking and making void all prior Wills and other testamentary writings at any time heretofore made by me. FIRST: I direct my Executor, hereinafter named, to pay all of my just debts, funeral and testamentary expenses as soon as conveniently can be done after my demise. SECOND: I give, devise and bequeath my entire estate, of whatsoever kind and wheresoever situate, unto my beloved husband, STANLEY SNAVELY. THIRD: Should my husband predecease me, or should he survive me by a period of less than one hundred and twenty (120) days or should my said husband, not be my husband at the time of my death, or should he die simultaneously with me, or in a common disaster, it being my direction and intent that in the event of such simultaneous death or common disaster no Uniform Act regarding such event shall apply and only this provision of this will shall apply, then I give, devise, and bequeath all the rest, residue, remainder of my estate to JERRY HARPER, my son and KATHERINE EILEEN SNAVELY, my husband's niece in equal shares per stirpes. FOURTH: If any of my beneficiaries are under the age of twenty-one (21) at the time of my death, then their share of my estate shall be placed in Mellon Bank of Harrisburg, in Trust for their benefit. Said trustee shall have the following powers: A. To manage all assets of the Trust for the beneficiaries named above and to pay such income and principal as the Trustee in its sole and unfettered discretion deems to be necessary for the proper maintenance, upkeep, and education of any and all of the beneficiaries as they were maintained before my demise. B. To retain any property or investments herein transferred and devised In Trust, as long as the Trustee may deem it advisable to do so and to distribute the remainder of the corpus to the then income beneficiaries if, in the Trustees' discretion, the size of the account has become too small to be practical or uneconomical to continue. c. To vary investments when deemed desirable by the Trustee, and to invest in such bonds, stocks, notes, real estate, mortgages or other securities, including stock in the corporate Trustee itself, or in such other property, real or personal, as said Trustee may deem wise, without being restricted to so-called "legal investments," and without being limited by any statute of rule of law regarding investments by fiduciaries. D. To make any division of the principal of the Trust assets or any distribution of the assets partly or wholly in kind. If such division or distribution is made in kind, said assets are required to be divided and distributed at their respective values on the date or dates of their division or distribution. E. To sell at public or private sale, and upon such terms and conditions as the Trustee may deem advantageous, any or all real or personal estate or interest therein owned by the Trust, severally or in connection with other persons, and to consummate such sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all Trusts and without obligation or liability of the purchaser or purchasers to see the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, exercise, acknowledge and deliver any and all deeds, assignments, options or other writings which may be necessary or desirable, in carrying out any of the powers conferred upon the Trustee in this paragraph or elsewhere in this instrument. F. Until any distribution is actually made or paid over to any beneficiary, all principal and income passing in accordance with the terms of this Trust shall be free of any debts, contracts, alienations, assignments, encumbrances or anticipations of any beneficiary and the same shall not be subject or liable to any levy, attachment, execution or sequestration while in the possession of the Trustee. G. To pay all costs, taxes, expenses, compensation charges in connection with the administration termination of the Trust. and and H. To do all other acts in the Trustee's judgment deemed necessary or desirable for the proper and advantageous management, investment and distribution of the Trust assets. I. Compensation for the corporate Trustee for services performed hereunder shall be in accordance with the fee schedule in effect for Trustees when the services are rendered. J. This Trust shall be governed by the laws of the Commonwealth of Pennsylvania and its situs shall be Dauphin County, pennsylvania. K. This Trust shall be distributed as follows: The entire Trust shall be distributed whenever the Beneficiary reaches twenty-one (21) years of age. FIFTH: Should there be any property of whatsoever kind and wheresoever situate which I have the right to dispose of at the time of my death, including but not limited to any special or general power of appointment or both, I hereby appoint the same to my Executor set forth in Paragraph sixth hereof. SIXTH: I nominate, constitute and appoint my husband, STANLEY SNAVELY as Executor of this my Last will and Testament and further direct that he shall serve without bond. If the said Executor is for any reason unable or unwilling to serve as Executor of this, my Last will and Testament, then I nominate, constitute and appoint JERRY HARPER as substitute Executor. He too shall serve without bond. Said Executor shall have the power to discharge all the debts, liens and encumbrances upon my estate, as well as any taxes thereon, to pay for the cost of the final disposition of my remains and final illness, if any, to receive any and all commissions and other compensation for services rendered by me during my lifetime and to perform any and all fiduciary duties authorized by statute. Further, I direct my Executor to preserve my estate and any . SEP 14 '04 02: 16PM KNUPP & KODAK PC LAW OFFICES OF KNUPP, KODAK & IMBLUM, P.C. CAMERON MANSION 407 NORTH FRONT STREET POST OFFICE BOX 11848 HARRISBURG, PA 17108-1848 Telephone: 717/238-7151 Facsimile: 717/238-7158 emall: kkl.law@verlzon.net P.1 Robert L Knupp Robert O. Kod.k Gary J. Imblum Robert Ewing Knupp. (1909.1978) Robert H. Maurer (1923-1998) September 14, 2004 VIA FACSIMILE ONLY 1&240.6462 ATTENTION SANDY THE HONORABLE GEORGE E HOFFER PJ COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE PA 17013 RE: Estate of Rosemarie Merlino, Deceased Our File No_ 7-02-0222 Estate No. 2002-615, Orphans' Court Division Cumberland County, Pennsylvania Dear Sandy: Thank you for taking the time to speak with me on this matter. As confirmation of our telephone wnvtmsation, please advise the Court that this file was withdrawn from our office in July, 2002, by the executor of the Estate, one Jerry Harper, to be administered by James A. Miller, Esquire. We are unable to file a 6.12 Report as we have no idea of the status of the file. Attorney Imblum did, on June 25, 2004, file his Withdrawal of Appearance and provided a copy to Attorney Miller (copies enclosed), as well as returning the original Notice of Failure to File Status Report to the Register of Wills (copy enclosed). I trust this will suffice to have Attorney Imblum removed from the matter and not be required to attend the Hearing scheduled for September 24, 2004. Should you need anything further, please do not hesitate to call. Again, thank you for all of your assistance. Very truly yours, r71:Z; :MBLUM. P.C. ~'~ie Jo Hull Estate Administrator bjhul/@verizonmail.com See CC LlstJna NB1 Pa,ae vi.iL 1.1. .t www.kk.i-lilw.wrn SEP 14 '04 Rob@rt L. Knupp Robert D. Kodak Gary J. Imblum . 02: 16PM KNUPP & KODAK PC LAW OFFICES OF KNUPP, KODAK & IMBL.UM, P.C. CAMERON MANSION 407 NORTH FRONT STREET POST OFFICE BOX 11848 HARRISBURG, PA 17108-1848 Telephone: 717/238-7151 Facsimile: 717/238-7158 emall: kkl.law@yerlzon.net P.3 Robert E. Knupp (1909-197&) Robert H. Maurer (1923-1998) July 21, 2004 OFFICE OF THE REGISTER OF WILLS CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE PA 17013 , -"-~. RE: Estate of Rosemarie Merlino, Deceased Estate No. 2002-615 Our File No. 7-02-0222 Ladies and Gentlemen: Pursuant to my telephone conversation with your office on July 20, 2004, and in accordance with your instructions, we are returning the original Notice of Failure to File Status Report and Request 1a... Conduct a Hearing Pursuant to Rule 6.12 in the captioned Estate. You have on file our Praecipe to Withdraw, which was filed on or about June 25, 2004. Thank you for your attention to this matter. Very truly yours, KNUPP, KODAK & IMBLUM. P.C. Ibjh Bonnie Jo Hull Estate Administrator enclosure(s) cc Gary J. Imblum, Esquire ~ THIS COpy FOR September 29,2004 Mr. Jerry Harper 206 Bosler Avenue Lemoyne, P A 17043 IN RE: Estate of Rosemarie Merlino, Estate No. 21-02-0615 Dear Mr. Harper: It has come to my attention as solicitor for the Office ofthe Register of Wills and Clerk of the Orphans' Court in and for Cumberland County, Pennsylvania, that the above estate has failed to file a report of the status of administration as required by Pennsylvania Orphans' Court Rule 6.12. Subsection (f) of Rule 6.12 required that the Register of Wills notify the Court in the event the personal representative or counsel fails to file this notice after (10) days written notice thereof. You have already received written notice of this delinquency by the Register. Kindly accept this letter as written notification that unless the required 6.12 Status Report is filed with the Register of Wills Office with ten (10) days of your receipt of this correspondence, I will be compelled to file a Motion for Sanctions for Failure to Comply with Orphans' Court Rule 6.12. If required to do so, I will request that the Court grant counsel fees and court cost to be assessed against the offending party. Sincerely, Kirk S. Sohonage Solicitor Register of Wills of CUMBERLAND County, Pennsylvania INVENTORY Estate of Rosemarie Merlino also known as , Deceased No. 00615 of2002 Date of Death June 28. 2002 Social Security No. 310-52-4277 r n:-~:::JT::~lLlIJl::-~-_:_I]]J II :11: i: J 'I, IIII;! ii' ;1 II Personal Representative(s) of the above Estate, deceased, verify that the items appearing in the following inventory include all afthe personal assets wherever situate and all of the real estate in the Commonwealth of Pennsylvania of said Decedent, that the valuation placed opposite each item of said Inventory represents its fair value as of the date of the Decedent's death, and that Decedent owned no real estate outside of the Commonwealth of Pennsylvania except that which appears in a memorandum at the end of this inventory. I/We verifY that the statements made in this Inventory are true and correct. I/We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Personal Representative: Name of Attorney: Shaun E. O'Toole LD. No.: 44797 J em Harper Dated ~ /~S" k 1 I I Add,ess: 2157 Market Street Camp Hill. Pennsvlvania 170 II Telephone: (717) 737- 6400 Description Value (I) Personal Residence 132 Glendale Drive Silver Springs Township Cumberland County Mechanicsburg, Pennsylvania 17050 (Per recent county assessment) $ 201,510.00 (2) Commerce Bank -- Savings Account #623695 1,015.92 (3) 1997 Chevrolet Blazer 7,650.00 (4) 1995 Ford Explorer 4,550.00 (5) Personal injury settlement (net) Gross Recovery $17,500.00 Less Legal Fees ( 5,833.33) Less Costs ( 597.69) 11.068.98 (Attach Additional Sheets if necessary) Total: $ 225,794.90 NOTE: The Memorandum of real estate oLltside the Commonwealth of Pennsylvania may, at the election of the personal representative, include the value of each item, but such figures should not be extended into the total of the Inventory Form RW_1 (DUl'hInC...."I"_ll.v.9191) J- REGISTER OF WILLS CUMBERLAND COUNTY , PENNSYLVANIA INRE: ESTATE OF ROSEMARIE MERLINO, DECEASED Will No. 21-02-0615 CERTIFICATION OF NOTICE UNDER RULE 5.6(a) Name of Decedent: Rosemarie Merlino Date of Death: June 28, 2002 Will No. 21-02-0615 To the Register: I certifY that notice of estate administration required by Rule 5.6 (a) ofthe Orphans' Court Rules was served on or mailed to the following beneficiaries of the above- captioned estate on July 17,2002: Name Address Jerry Harper 206 Bosler Avenue Lemoyne, Pennsylvania 17043 Katherine Eileen Snavely 132 East Locust Street Mechanicsburg, Pennsylvania 17055. Notice has now been given to all persons entitled thereto under Rule 5.6(a). Date: en 111 /02 ~ G.CJf\)~ --(Signature) ~ Telephone: Shaun E. O'Toole, Esq. 2813 North Second Street Harrisburg, Pennsylvania 1 711 0 (717) 213-6653 " -, '") Name: Address: Capacity: _ Personal Representative l Counsel for Personal Representative , /1- '?::;-/~ " BUREAU OF INDIVIDUAL TAXES "'~NHERITANCE TAX DIVISION OEPT. 280601 HARRISBURG~ PA 171Z8-0601 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX Rece-.re ,e; Re,'j,o e "S c,f DATE ESTATE OF DATE OF DEATH FILE NUMBER A10 :47 COUNTY ACN 05-05-2003 MER LI NO 06-28-2002 21 02-0615 CUMBERLAND 101 SHAUN E OTOOLE MILLER LIPSITT 2157 MARKET ST CAMP HILL '03 MAY 16 ESQ *' REV-15fi7EXAFPUI-D5l ROSEMARIE C;~;rl\- Allount Relliited PA 17nanbs .", .,;, , MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~ REY=isi;"'-EX-AFP-foFiiiY-Noi'"icEOF-i:-NHEifiTANcri'"AX-APPRAiSEifENT-,--Ai.i-oWANCE-oi----------------- DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX ROSEMARIE FILE NO. 21 02-0615 ACN 101 ESTATE OF MERLINO TAX RETURN WAS: ( ( XI CHANGED SEE DATE 05-05-2003 ATTACHED NOTICE NOTE: If an assessment was issued previously, lines 14, 15 and/or 16, 17, 18 and 19 will reflect figures that include the total of ALL returns assessed to date. ASSESSMENT OF TAX: 15. Allount of Line 14 at Spousal rate (15) 16. Amount of Line 14 taxable at Lineal/Class A rate (16) 17. Allount of Line 14 at Sibling rete (17) 18. Allount of Line 14 taxable at Collateral/Class Brat. (18) 19. Principal Tax Due TAX CREDITS: .00 X 00 = .00 96,067.01 X 045 = 4,323.01 .00 X 12 = .00 96,067.01 X 15 = 14,410.05 1191= 18,733.06 I ACCEPTED AS FILED RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Real Estate (Schedule AJ 2. Stocks and Bonds (Schedule B) 3. Closely Held stock/Partnership Interest (Schedule C) 4. Mortgages/Notes Receivable (Schedule D) S. Cash/Bank Deposits/Misc. Personal Property (Schedule E) 6. ~ointly Owned Property (Schedule F) 7. Transfers (Schedule G) B. Total Assets (11 (21 (31 (41 (51 (61 (71 201,501. 00 .00 .00 .00 24.284.90 .00 .00 (81 APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H) 10. Debts/Mortgage Liabilities/Liens (Schedule I) 11. Total Deductions 12. Net Value of Tax Return 13. Charitable/Governmental Bequestsj Non-elected 9113 Trusts (Schedule J) 14. Net Value of Estate Subject to Tax (91 (101 30,130.73 3.521.15 111l 1121 1131 1141 NOTE: To insure proper credit to your account 1 submit the upper portion of this form with your tax pay..ent. 225,785.90 :\:\.6~1 88 192,134.02 .00 192,134.02 ~c~c.ro '" AMOUNT PAID DATE NUMBER INTEREST/PEN PAID (-I 03-28-2003 CD002354 .00 18,734.01 TOTAL TAX CREDIT 18,734,01 BALANCE OF TAX DUE ,95CR INTEREST AND PEN. .00 TOTAL DUE .95CR . IF PAID AFTER DATE INDICATED, SEE REVERSE FOR CALCULATION OF ADDITIONAL INTEREST. IF TOTAL DUE IS LESS THAN $1, ND PAYMENT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CRI, YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS. I REV-1470 EX (6-88) '* INHERITANCE TAX EXPLANATION OF CHANGES COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG PA 17128-0601 DECEDENT'S NAME MERLlNO,ROSEMARIE FILE NUMBER REVIEWED BY Kathryn Harbilas ACN 2102-0615 101 ITEM SCHEDULE NO. EXPLANATION OF CHANGES The value of the estate has been adjusted as the result of the correction of an error in arithmetic. ROW Page 1 Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 5/18/2005 HARPER JERRY 206 BOSLER AVE LEMOYNE, PA 17043 RE: Estate of MERLINO ROSEMARIE File Number: 2002-00615 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 is due by: 6/28/2005 Your prompt attention to this matter will be appreciated. Thank You. Sincerely, ~=~ze REGISTER OF WILLS cc: File Counsel Judge cA RECEIVED JUL 1 b ZDO~:r Estate No.: 21-02-00615 ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Estate of MERLINO ROSEMARIE Late of EAST PENNSBORO TOWNSHIP Date: 7/18/2005 NO.: 21-02-00615 HARPER JERRY 206 BOSLER AVE LEMOYNE PA 17043 NOTICE OF FAILURE TO FILE STATUS REPORT AND REQUEST TO CONDUCT A HEARING PURSUANT TO RULE 6.12, SUPREME COURT ORPHANS' COURT RULE Personal Representative: HARPER JERRY Personal Representative Counsel: ** NO INFORMATION FOUND ** Date of Decedent's Death: 6/28/2002 Date of Delinquency Notice: 6/28/2005 The undersigned, Glenda Farner Strasbaugh, Clerk of Orhans' Court, in accordance with rule 6.12, Supreme Court Orphans' Court Rules, hereby notifies the Orphans' Court Division, Court of Common pleas of Cumberland County, that neither the above named personal representative nor their counsel, have filed with the Register of Wills or Clerk of Orphans' Court, his/her Status Report required by Rule 6.12, Supreme Court Orphans' Court Rule, and that the requisite notice, pursuant to Rule 6.12, Supreme Court Orhans' Court Rules, was given by the Clerk of Orphans' Court on 5/15/2005 and that the ten (10) day notice to file the status report has expired. Accordingly, in accordance with Rule 6.12 the Court is hereby notified of such delinquency and the undersigned requests that a Court conduct a hearing to determine whether sanctions should be imposed upon the delinquent personal representative or their counsel. cc: File Personal Representative Counsel &~J I Glenda Farner Strasbau Clerk of Orhans' Court A hearing is scheduled for August 19, 2005 at 9:30 AM in Courtroom No. 03. If the Status Report is filed prior to the hearing date, the hearing will automatically be cancelled. ~ STATUS REPORT UNDER RULE 6.12 ~5emA.r/e f11er/rho . /e <?/tJ-OO~ ()G I) - ;)00 d, Name of Decedent: Date of Death: f\\~ VhH-No.: AJ:U~ll. H 0.: Pursuant to Rule 6.12 of the Supreme Court Orphans' Comi Rules, I repOli the following with respect to completion of the administration of the above-captioned estate: 1. State ~ther administration of the estate is complete: Yes U1 No 0 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: 3. lithe answer to No.1 is Yes, state the following: a. Did the personal ~sentative file a final account with the Court? Yes _ No M b. The separate Orphans' Comi No. (if any) for the personal representative's account is: c. Did the personal ~resentative s. tate an account informally to the parties in interest? Yes Ltl No 0 c. Copies of receipts, releases, joinders and approval of formal or informal accounts may be filed with the Clerk of the Orphans' Court . and may be attached to this repo~. ~ Date:~{tJs . CJ-9-i-^^6 .o(,~ SIgnature . ~YV1 f/a-.'7'~ Name 2-0 (p &s lev 4-u-e- . L-eJ/Yl <:) y "" R- r' FT. I 70 Y3 Address N C~, ...;,'.... c'? L~ c'~::~, (..::.:~) (.--.J () 1{ 1 ~O~ ~qZ-( Z- Telephone No. Capacity: rv{'Personal Representative o Counsel for "personal representative ~