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HomeMy WebLinkAbout07-22-10_a __ _ DECEDENT'S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF MARY M. KELSO ,DECEASED C ~ ~_ No. 21-09-1002 ,~~. I ~ C ~-~ ~=~ 'Ri) ~ t"' . ~'" ~ J ~,r'y ~ =~ ~ 4.7 ~~j ~ rte:'' ~~ ^" PETITION FORADJUDICATION / j ~ 3 " f ~ ~n STATEMENT OF PROPOSED DISTRIBUTION ~ " .rib ~ ~- ~'~ PURSUANT TO Pa. O.C. Rule 6.9 ~ This form may be used in all cases involving the Audit of the Account of a Decedent', E.~tate. If space is insuf~`icient, riders may be attached. Attach the spouse's election, if arty; ~!th~ papers required under items 8-19 inclusive; and any instrument pertinent to the adjudication.' INCLUDE ATTACHMENTS AT THE BAC% OF THIS FORM. Dame of Counsel: Richard L. Webber, Jr., Esq. Supreme Court LD. No.: 49634 Name of Law Firm: Weigle & Associates, P.C. ', Address: 126 East King Street, Shippensburg, PA 17257 ~'elephone: 717-532-7388 Fax: 717532-5289 Estate of MARY M. KELSO ,Deceased 1. Name(s) and address(es) of Petitioner(s): ~,~: Patricia Pittenger Denny McCullough ' ', address: `~ Liberty Court 260 Centerville Road ', ~ Carlisle, PA 17015 Nevwille, PA 17241 Identify any executors or administrators who have not joined in the Petition folr Adjudication and Statement of Proposed Distribution and state reason: ' '' N/A i Is this the first accounting by this fiduciary? ..................... ~ Yies ! ®No If not, identify prior accountings, the accounting periods covered, and the ~at~ of adjudication of the prior accounting. 2. Decedent died on October 20, 2009 ® Letters Testamentary or ~ Letters of Administration were granted to Petitio~ne~(s) on Date of Will (f applicable): September 19, 2007 '' Date(s) of Codicil(s) (f applicable): ~i Date of probate (f di, fJerent from date Letters granted): October 23, 2009 ' Was a bond required? Yes ~ No If yes, state amount: Are proofs of advertising of the grant of Letters attached? ......... ~ ~es ~ No I Dates of advertising of the grant of Letters: Valley Times Star: Nov. 4, 11, (8, ~~2009 ~-~-- Cumberland Law Journal: Nov. 6, 13, 20, 2009 Forne OGO] rev. /0.13.06 P~ge 2 of 10 i I Estate of MARY M. KELSO ,Deceased 3. Was decedent survived by a spouse? ............................. ~ 1Ye~ m No If yes, name of the surviving spouse: iT- 4. Has the surviving spouse filed to take an elective share? ............. ~~es D No (See Section 2201 et sue. of the Probate, Estates and Fiduciaries Code) If yes, date of election: 5. In the case of an intestacy, state the names of the decedent's surviving children or surviving issue of deceased children (if none, so state): ', N/A ', arty () • ®yr 6. Did decedent m after execution of Will or Codicil s ~ ........... es ~I, m No Were any children born to decedent after execution of ', Will or Codicil(s)? ........................................... ~ Yes m No If yes, give names and dates of birth: Name: Date of Birth: h 7. If required by the Medical Assistance Estate Recovery Act, 62 P.S. § 1412, was a request for a statement of claim sent to the Department of Public Welfare? .............................. ®Y~s ~ No Form oG01 rev. 10./3.06 1?a~e 3 of 10 ', II I _ - _ _ ___ _ _ ___ _ - _- - __ _ __ . __ _. ___ - -- I __ __ __ __ , _.r _ Estate of MARY M. KELSO Deceased 8. Written notice of the Audit as required by Pa. O.C. Rules 6.3, 6.7 and 6.8 has ~~n or will be ,given to all parties in interest listed in item 9 below, all unpaid creditors and a 1 c aimants listed in item 10 below. In addition, notice of any questions requiring Adjudi ati n as discussed in item 14 below has been or will be given to all persons affected th~re~y. A. If Notice has been given, attach a copy of the Notice as well as a list o~'th~ names and addresses of the parties receiving such Notice. B. If Notice is yet to be given, a copy of the Notice as well as a list of the ~ ' es and addresses of the parties receiving such Notice shall be submitted at the ~A dit together with a statement executed by a Petitioner or counsel certifying th t such notice has been given. ', C. If any person entitled to Notice is not sui juris (e.g., minors or incapaciltat~d persons), Notice of the Audit has been or will be given to the approprialte representative on such party's behalf as required by Pa. O.C. Rule 5.2. !, D. If any charitable interest is involved, Notice of the Audit has been or w~ll ~ lso be given to the Attorney General as required under Pa. O.C. Rule 5.5. In ~dd tion, the Attorney General's clearance certificate (or proof of service of Notice end a copy of such Notice) must be submitted herewith or at the Audit. 9. List all parties (charitable and non-charitable) of whom Petitioner(s) has/have ~ot~ce or knowledge, having or claiming any interest in the estate as beneficiaries under th Will or Codicil(s) or as intestate heirs if there is a complete or partial intestacy: A. State each party's relationship to the decedent and the nature of each pajrty~s interest(s): i Form OC-Ol rev. 10. /3.06 ~a~e 4 of 10 ', I I Estate of MARY M. KELSO ,Deceased 'Each Party in and B. Identify each party who is not sui juris (e.g., minors or incapacitated rs ns). For each such party, give date of birth, the name of each Guardian ando each Guardian was appointed. If no Guardian has been appointed, identify t~e ext of kin of such party, giving the name, address and relationship of each. N/A C. State why a Petition for Guardian/Trustee Ad Litem has or has not been' filed for this Audit (she Pa. O.C. Rule 12.4). ', N/A D. If distribution is to be made to the personal representative of a decease p , state date of death, date and place of grant of Letters and type of Lette gr~ `'anted. N/A Fo~n oc-o~ ~. to. ~s.o6 Page I, 5 of 10 r_ ,_i _. Estate of MARY M. KELSO ,Deceased 10. Other than the claim for the family exemption, list the names of all known claijma~ts and the amount of their claims and state whether each claim is admitted. ' Name and Address of Each Claimant Amount of Claim Claim Wil ! Claim Aabnitled? ' Be Paid In tdl? See attached Exhibit 1 Yes es ~No l~o Yes ~es ~ ~No o ®Yes Yes ~ ~No l~o DYes Y`es ®No ! 110 If the estate is insolvent, attach a schedule setting forth the order of preference Iun~er 20 Pa.C.S. § 3392 and the proposed payments. 11. Was family exemption claimed? ................................ DYles I ~No Was family exemption allowed? ................................ DYI~S ~ ONo Family exemption claimant's name and relationship: II Name: Relationship: Form oC-Ol rev. 10.13.06 Page 6 of 10 I I Estate of MARY M. KELSO Deceased 12. The amount of Pennsylvania Transfer Inheritance Tax and additional Pennsylwan~a Estate Tax paid, the date(s) of payment(s), and the. interest(s) upon which paid, are a5 follows: Dote 1/20/10 Paynrext 93,428.28 ]xterest 7/21/10 283.57 13. On the date of death, was the decedent a fiduciary (personal representative, trustee, guardian, agent under power of attorney) or surety on the bond of a fiduciary? ................... ~ ~es''~, ®No If yes, provide the name of the estate, indicate whether an account has beeh filed and confirmed absolutely and all awards performed, or, in the alternative, how ~he~l decedent's estate will be discharged for the decedent's fiduciary administr~tio~ of the estate. 14. A. Describe in detail any questions requiring adjudication and state the positidn df the Petitioner(s) as to each question: None B. Has notice of the question requiring adjudication been given to the parties identified in Paragraph 9 above? .................. ®Yes '' ~ No 15. If Petitioner(s) has/have knowledge that a share has been assigned, renounced, disclaimed or attached, provide a copy of the assignment, renunciation, disclaimer or attachment, together with any relevant supporting documentation. Forrx OG01 rev. 10.13.06 Page'' 7 of 10 __. ,__ i Estate of MARY M. KELSO Deceased 16. Had the decedent been adjudicated an incapacitated person? .......... ~ ~e~ m No If yes, attach a copy of the Order if available; otherwise state the Court, tetm,~~ number, date, and name of Hearing Judge. 17. A. List or attach a separate list of additional receipts and disbursements since~!th~ closing date of the Account. None B. Has notice of the additional receipts and disbursements been given to the parties identified in Paragraph 9 above? ............. ~ Yes 0 No 18. If a reserve is requested, state amount and purpose. Amo~mr: Propose: If a reserve is requested for counsel fees, has notice of the amount of fees to be paid from the reserve been given to the parties in interest? .......... ............................. DYles ~I ~No If so, attach a copy of the notice. 19. Is the Court being asked to direct the filing of a Schedule of Distribution? .......................... ~Yles ~ ~No As to real estate only? ........................................ ~Y~es !, Q No Form OC-01 m. 10.13.06 ~'a~e 8 of 10 ~I __~_ -r Estate of MARY M. KELSO ,Deceased Wherefore, your Petitioner(s) asks} that distribution be awarded to the parties', enl itled and suggest(s) that the distributive shares of income and principal (residuary shares b~in~ stated in proportions, not amounts) are as follows: A. Income: Proposed Drsaibruee(s) AmotordProporTion See attached Exhibit I B. Principal: Proposed Drslributee(s) See attached Exhibit 1 Submitted By: (All petitioners must sign. Add additional lines if necessary): N e of Petitioner: Patricia 'ttenger Name of titioner: Denny Cullough Form OC-0I rev. 10.13.06 Estate of MARY M. KELSO laheceased Verification of Petitioner '~ (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that ~stie each is titre Co-Executor of the above-named ,~ ~~~,w;on Estate and] that th~ facts set forth in the foregoing Petition for Adjudication /Statement of Proposed Distribution ~1vhi~Ch are within the personal knowledge of the Petitioner are true, and as to facts based on the ihfo~mation of others, the Petitioner, after diligent inquiry, believes them to be true; and that any f~ls~ statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 (relating to uns~vorn falsification to authorities). I' x Sign f Petitioner I * Corporate petitioners nwst con~lete bracketed injornwzion. Certification of Counsel The undersigned counsel hereby certifies that the foregoing Petition for Adjud" at on/ Statement of Proposed Distribution is a true and accurate reproduction of the form Pet~io~n authorized by the Supreme Court, and that no changes to the form have been made beyhon~l the responses herein. `~ _ f ~. C~ ~ ~ 'I Signature of Counsel for Petitionerr Forn, OC-01 rev. 10.13.06 P~ge 10 of 10 (Page I of 3) Name and Address of Relationship Each Party in Interest Linda Malsbary None 2235 North Pea Ridge Road Temple, TX 76502 Frances Cornman 11 Meadow Ridge Lane Shippensburg, PA 17257 Michelle Cornman 11 Meadown Ridge Lane Shippensburg, PA 17257 Donald A. McCullough . 143 Route MM Ash Grove, MO 65604 Denny H. McCullough 260 Centerville Road Newville, PA 17241 Delmer Cornman 11 Meadow Ridge Lane Shippensburg, PA 17257 Gary McCullough 331 Steelstown Road Newville, PA 17241 James McCullough 481 Oak Flat Road Newville, PA 17241 Douglas McCullough c% Donald McCullough 143 Route MM Ash Grove, MO 65604 Jeffrey McCullough 141 Route MM Ash Grove, MO 65604 None None None None None None None None None Amount Principal & Interest $ 7517.99 Principal $ 7437.97 Interest $ 80.0 $ 7517.99 Principal $ 743~.9'~ Interest $ 80.0 $ 3517.99 Principal $ 343'x.9 Interest $ 80.02 $ 3517.99 Principal $ 343T.9'~ Interest $ 80~02~1 $ 3517.99 Principal $ 343T.9'~ Interest $ 80~02~I $ 3517.99 Principal $ 3437~9T', Interest $ 80.02 '' $ 3517.99 Principal $ 3437;971', Interest $ 80.102' $ 3517.99 Principal $ 3437.!,97 Interest $ 80.02 $ 3517.99 Principal $ 3437.$7 ~' Interest $ 80.2 $ 3517.99 Principal $ 3437.7 ~, Interest $ 80.02 (Page 2 of 3) Name and Address of Relationship Amount Principal & Each Party in Interest Interest Pamela Brown None $ 3517.98 Principal $ 343 6 1990 Walnut Bottom Road 7 Interest $ 8p. 2 Carlisle, PA 17015 Bradley Pittenger None $ 3 S 17.98 Principal $ 343~~7. 6 ~ 25 Acorn Drive Interest $ 8b.0 Boiling Springs, PA 17007 Ryan Malsbary None $ 3517.98 Principal $ 347. 6 4500 E. Ohorf, #407 Interest $ 8~.O~Z Austin, TX 78741 Travis Malsbazy None $ 3517.98 Principal $ 347. 6 1210 N. 13~' Street Interest $ 810.02 Temple, TX 76501 Chazles Fahnestock None $ 3517.98 Principal $ 343~J.9~ 6253 Bridle Lane Interest $ 8(~.0~ Harrisburg, PA 17111 ~, ', William Quigley None $ 3517.98 Principal $ 3431,h.96 11 Hazvazd Avenue Interest $ 8b.0~ Maplewood, NJ 07040 Diane Hoover None $ 3517.98 Principal $ 343'x.9 54 East Main Street Interest $ 8I0.0~ Newville, PA 17241 'i Patricia Pittenger None $ 7517.98 Principal $ 74371 .9 44 Liberty Court , Interest $ 80102 Cazlisle, PA 17015 John Graham Library Chazity $ 2000.00 Principal $ 2000100, 9 Parsonage Street Interest $ 0.100 ~~ Newville, PA 17241 Newville Historical Society Charity $ 2000.00 Principal $ 2000J00' 69 S. High Street Interest $ O.DO Newville, PA 17241 (Page 3 of 3) Name and Address of Relationship Each Parry in interest Nevwille Senior Center Charity 91 Doubling Gap Road Nevwille, PA 17241 Green Ridge Village Fund Charity 210 Big Spring Road Nevwille, PA 17241 Friendship Hose Company Charity 15 East Big Spring Avenue Nevwille, PA 17241 First United Presbyterian Charity Church 111 West Big Spring Avenue Newville, PA 17241 Amount $ 2000.00 $ 2000.00 $ 2000.00 $16,774.57 TOTAL: $ EXHIBIT 1 Principal & Interest Principal $ 200V0.~0 Interest $ I0. 0 Principal $ 20a0.~0 Interest $ p.Op Principal $ 200p. 0 Interest $ ~.0 Principal $16,7#4 ~ 7 Interest $ 0. 0 i Principal $ Interest $ ~. In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-09-1002 h ~~Z,1~2_0~' Estate of Mary M. Kelso, Deceased Late of Township of West Pennsboro FIRST AND FINAL ACCOUNT AND SCHEDULE OF PROPOSED DI~T~2IBUTION Patricia Pittenger and Denny McCullough, Co-Executors Date of Death: Date of Incapacity, if any: Date of Co-Executors' Appointment: Date of First Complete Advertisement: for the 10/20/2009 None 10/23!2009 Valley Times-STar Nov. 4, 11, 18, 2009'.. Cumberland Law Journal -November 6,13,120, 2009 10/2312009 to 07/21/2010 Purpose of Account: Patricia Pittenger and Denny McCullough, Co-Executors, offer this~cc~unt to acquaint interested parties with the transactions that have occurred during the Administ tio~. h is important that the Account be carefully examined. Requests for additional information o~ questions or objections can be discussed with: Richard L. Webber, Jr. Esquire Weigle 8 Associates, P.C. 126 East King Street Shippensburg, PA 17257 717-532-7388 Supreme Court I.D. No. 49634 rs ~ ~ c ~ - ~ ~ c. C" ~ '- r; j r-; _z~ ~ t.=? ;~=~ r ~ 3 --_ ...~.~ - ~ ''7 Ti ~ '~ i __ _ ~ , ~• . SUMMARY OF ACCOUNT Estate of Mary M. Kelso, Deceased For the period of October 20, 2009 throt~h .~~(y,~, 010 PAGES PRINCIPAL Receipts: This Account 3-4 240,727.68 Net Gain (or Loss) on Sales or Other Dispositions 0.00 Less Disbursements: 240,727.68 Debts of Decedent 5 5,962.18 Funeral Expenses 5 5,831.63 Administration Expenses 5 1,846.82 ', Federal, State ~ Local Taxes 6 93,711.85 Commissions 6 15,647.85 Fees 6 17,073.44 Family Exemption 0.00 ~ ' 140,073.77 j .I~ Balance Before Distributions . ' 100,653.91 Transfer to (from) Principal ' 0.00 Distributions to Beneficiaries g_g ~ ' ' 35,000.00 --~ Principal Balance on Hand ~ '', ', 65,653.91 For Information: ', Investments Made Changes in Holdings INCOME Receipts This Account 10 1,444.40 Net Gain (or Loss) on Sales ~ 0.00 or Other Dispositions ~ - ', ~ 1,444.40 Less Disbursements ' 0.00 Balance Before Distributions ~ 1,444.40 Transfer to (from) Income o.oo Distributions to Beneficiaries ' 0.00 I Income Balance on Hand 10 ~_ ~' '~ 1,444 ~ For Information: Investments Made Changes in Holdings COMBINED BALANCE ON HAND 67,098.31 Signature 12 Verification 13 ', __ __ ~ ., SCHEDULE A RECEIPTS OF PRINCIPAL Fiduciary Acquisition Value S'cd$I] 10/20!2009 Adams County National Bank Certificate of Deposit 40,Ori0.010 #'158230 10/2012009 Adams County National Bank Certificate of Deposit 3.4'8 1 #158230 -Accrued Interest , 10/20/2009 Adams County National Bank Certificate of Deposit 61.8t~0.0~ #160302 10/20/2009 Accrued income on above item through date of death 91~1~1.Z~Z 10/20/2009 Adams County National Bank Certificate of Deposit 12,Od0.0~! #160464 10/20/2009 Accrued income on above item through date of death 3~.8~ 10/20/2009 Adams County National Bank Certificate of Deposit 20,OOb.0~1 #1sos94 10/20/2009 Accrued income on above item through date of death ~.7~ 10/20/2009 Adams County National Bank Chscking Account 26,52b.0~ #121665 10/20/2009 Adams County National Bank Checking Account b.,q.$ 121665 -Accrued Inten3st 10/20/2009 Ameriprice Financial Services Certificate 8,16$.65 #063047104183001 10/20/2009 F8M Trust #35-22911 -Checking 22,81 ~.6~ 10/2012009 Accrued interest on above item through date of death x.171 10/20/2009 FBdIA Tnist #70-65206 - Checktng 42,42.34', 10/2012009 Accrued interest on above item through date of death 3.981 10/20/2009 Orrstown Bank Checking Acct. #1060000869 917.91', Total Cash 235.647.52 Total Receipts ~, 235,x47.52 11/02/2009 ~ e went Princieal Receip~g River Source Life Insurance Company -Refund of 12840' portion of premium 11/20/2009 Refunds - AARP, Readers Digest, and Nationwide 26450 12/04/2009 Refunds -Miscellaneous magazines 8322 01/08/2010 Millenium Pharmacy Systems -Refund 21x87 ''~ i -3- _. i___ i e ,' , SCHEDULE A RECEIPTS OF PRINCIPAL Continued 01!1412070 02!19!2010 03/03/2010 06/01/2010 07/01/2010 Fiduciary Acquisition Value Adams County National Bank -Payment of RMD on 4tr6.$2 IRA Refund -Better Homes and Gardens Subscription jt0. 2 PSERS -Refund 5~5.~7 Refund for 2009 Federal Income Tax - U.S. Treasury 2,7~7.7~6 Refund for 2009 State Income Tax - Pa. Dept of Rev. 5 B.a 0 Total Subsequent Principal Receipts 5,080.76 Total Adjustments and Subsequent Receip ts s,08o.1s Total Receipts of Principjal '~ 2ao,727ss - 4 - ,. SCHEDULE C DISBURSEMENTS OF PRINCIPAL 10/20/2009 ~ Dr. Guistwite 10/20/2009 Outstanding checks at date of death - ACNB 10!28/2009 Outstanding checks at dabs of death - FIIiM Trust 11/07/2009 Green Ridge Village 11/1412009 Mtilennium Pharmacy Systems 11/2212009 Dr. Guistwite 12H412009 Green Ridge Village 12/17/2009 Adams County National Bank -Reimbursement of RMD on IRA 12/24/2009 Orthopedic Institute of PA 01/06/Z010 PA Department of Revenue -Income Tax payment for personal return 01/06/2010 U.S. Treasury -Income Tax payment for personal return 03/03/2010 Dr. Gufsiwite Total Debts of Decedent Funeral Expenses 11/02/2009 Denny H. McCullough -Reimbursement for funeral meal 11/07/2009 Egger Funeral Home Total Funeral Expenses Administration Ext>,_nses 10/23/2008 11/02/2009 12H4/2009 01/14/2010 Cumberland County Register of Wills -Probate Fee Cumberland Law Journal -Legal advertisement Valley Times tar -Legal advertisement Adams County National Bank -Reimbursement of RMD on iRA previously received T- 5~I.7~ 344.25 2~4.6~ 4,007.4$ 14{1.7$ 1 ~.0~ 3 .Oq 47.32 1 ~.Od 15~.OQ 70tb.Od 1 .001 5,962.18 4571.41 ~ 5,374.22' 5.831.63 630100 ' 7500 '', 7550 476132 - 5 - __ _ _ _ _ ~` SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued 01/22/2010 Cumberland County Register of Wills -Filing fee for 1~.0~ inheritance tax return 04116/2010 Howard's Accounting -income tax preparation 32 ~.0(~ 07/21/2010 Cumberland County Register of Wills -Filing fee for 251 ,~.Oi~ accounting Total Miscellaneous Administrative Expenses Federal State and Local Taxes ' 1,846.82 01/20/2010 Register of Wills, Agent - -Inheritance tax 93,42$.2 07/21/2010 Register of Wills, Agent balance of inheritance tax - - 28~.57~ Inheritance tax Total Taxes Commissions 93,711.85 12/25/2009 Denny H. McCullough - 260 Centerville Road, 2,8661.66', Newville, PA 17241 12/25/2009 Patricia Pittenger - 44 Liberty Court, Carlisle, PA 2,86l~.66' 17015 07/21/2010 Denny McCullough - 260 Centerville Road, Newville, 4,957,.27' PA 17241 ', 07/21/2010 Patricia Pittenger - 44 Liberty Court, Carlisle, PA 4,95TF26 I. 17015 Total Commissions 15,647.85 Fees 10/23/2009 Weigle 8< Associates, P.C. 2,86666 ', 11/02/2009 Weigle 8<Associates, P.C. 2,866 68 01H1/2010 Weigle BAssociates, P.C. 2,866 66 'I 01/29/2010 Weigle 8 Associates, P.C. 2,866 66 ', 03/15/2010 Weigle & Associates, P.C. 2,866. 134 07/21/2010 Weigle & Associates, P.C. 2,740. 446 -6- SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued Total Fees TOTAL DISBURSEMENTS OF PRINCIPAL 17,073.44 140.073.77 - 7 - _, _ ~__ __ SCHEDULE D DISTRIBUTIONS OF PRINCIPAL 02/12/2010 02/12!2010 02/12/2010 02/12/2010 02/12/2010 02/12/2010 02/12/2010 02N 2/2010 02/12/2010 02/12/2010 02N 2/2010 02H 2/2010 02/12/2010 02H2/2010 02H 2/2010 02/12/2010 02H 2/2010 02/12/2010 Bradley Pittenger Charles Fahnestock Delmer Comman Denny McCullough Diane Hoover Donald McCullough Douglas McCullough Frances Comman Gary McCullough James McCullough Jeffrey McCullough Linda Malsbary Michelle Comman Pamela Brown Patricia Plttenger Ryan Malsbary Travis Malsbary William Quigley 30,000.00 Friendship Hose Com~px 02/12/2010 Gnaen Ridge Village F and 02/12/2010 John Graham Library 02/12/2010 Friendship Hose Company Green Ridge Village Fund John Graham Library 1.000.0 '' I _ 1,000. 0 1,OOO.Ob 1,000.00 1,000.00 - 8 - SCHEDULE D DISTRIBUTIONS OF PRINCIPAL Continued 1.000.00 Newville Hist~±ri~'~ gnrie~ '' ', 02/12/2010 Newville Historical Society 1 00 .00 li 1,000.00 Newville Senior Cen r ', 02H 212010 Newville Senior Center 1,000~00'I~ ', ', 1,000.00 TOTAL DISTRIBUTIONS TO BENEFICIARIES ~ 35,000.00 I, I SCHEDULE G RECEIPTS OF INCOME Adams County NaS onal Bank 11/06/2009 Certificate of Deposit #160302 11/20/2009 Certificate of Deposit #158230 17/20/2009 Certificate of Deposit #180694 01/08/2010 Certificate of Deposit #158230 01115/2010 Certificate of Deposit #160464 01M5/2010 Certificate of Deposit #180694 02H 9/2010 Certificate of Deposit #160302 02/19/2010 Certificate of Deposit #160302 07/01/2010 Certificate of Deposit #160302 TOTAL BANK INTEREST TOTAL RECEIPTS OF INCOME 6at.0~ 5~.1$ 2~.1(~ 6~.4ti 10~.5~ 2.4~ 6~,6~ 8~,6Q 95 .48. 1,444.40 1,444.40 1,4+14.40 - 10 - PROPOSED DISTRIBUTIONS TO BENEFICIARIffS Current Vlalu~e Fiduciary 07/21/2 10 Acquisition or as noted Value TO: Bradley Pittenger Charles Fahnestock 2,517.99 Delmer Cornman 2,517.99 Denny McCullough 2,517.99 Diane Hoover 2,517.99 Donald A McCullough 2,517.99 Douglas McCullough 2.517.99 First United Pr+es byterian Church 2,517.99 Frances Comman 16,774.57 Friendship Hose Company ' 2,517.99 Gary McCullough 1,000.00 Green Ridge Village Fund 2,517.99 James McCullough 1,000.00 Jeffrey McCullough 2,517.99 John Graham Library 2,517.98 Linda Malsbary 1,000.00 Michelle Comman ' 2,517.98 Newviile Historical Society 2,517.98 Newville Senior Center _ 1,000.00 Pamela Brown ' 1,000.00 Patricia Pittenger ', 2,517.98 Ryan Malsbary 2,517.98 Travis Malsbary 2,517.98 WlBiam Quigley ~ 2,517.98 2,517.98 ~ ~ 67,096.31 Total ~~ 67,098.31 -11-- _ __ ___ In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-09-1002 Estate of Mary M. Kelso, Deceased Signatures Patricia Pittenger, Co-Exe or AND ~C Denny M ullough, Co-Execut ~, -13- -- - _ _ i _~ __ _ _ _ _ ,T In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-09-1002 Estate of Mary M. Kelso, Deceased Verification Patricia Pittenger and Dsnny McCullough, Co-Executors under the Last Will and Testam$ntlof Mary M. Kelso, Deceased, hereby declare under oath that they have fully and faithfully discha~e~l the duties of their office; that the foregoing Account is true and correct and fully discloses a i sigMficant transactions occurring during the accounting period; that all known claims a~ai st the Estate have been paid in full; that, to his/her knowledge, there are no claims now outsta di g against the Estate; that all taxes presently due from the Estate have been paid; and that the grant of Letters Testamentary and the first complete advertisement thereof occurred more that fa~ur months before the foregoing Account. This statement is made subject to penalties of 18 Pa. C.SA. Section 4904 relating to unsrworln falsification to authorities. Dated: Denny - '1~` - r C~'OO ~`v LAST WILL A1VD TESTAME11lT I, Mary M. Kelso, presently residing at 12 Ridge Lane, Newville,~' Vest Pennsboro Township, Cumberland County, Pennsylvania 17241, being of sound mi disposition, do hereby make, publish and declare this my Last Will and Tes 'memory and revoking and making void all wills by me at any time heretofore made. ', ent, hereby FIRST. I direct the payment of my debts and the expenses of m' list illness and funeral from my estate as soon after my death as conveniently may be done. I de~ird to be interred in my cemetery lot a# Westminster Cemetery, ~, SECOND. I hereby make the following pecuniary bequests: A. I give and bequeath the amount of Five Thousand Dollard ($5,000.00) to Patricia Pittenger, presently residing at 44 Liberty I Cdurt, Cazlisle, Pennsylvania 17015; and B. I give and bequeath the amount of Five Thousand DoII ($5,000.00) to Linda Malsbary, presently residing at 2235 North Pe~ ridge Road, Temple, Texas 76502. C. I give and bequeath the amount of Five Thousand Dollars ($ ,0 0.00) to my sister, Frances Cornman, presently residing at 11 Meado ~dge Lane, Shippensburg, Pennsylvania 17257. THIRD. I hereby make the following pecuniary bequests: . '~~' r -.~..: i --al \• . ~--. ~:, .y w' . A. I give the sum of One Thousand Dollars ($1,000.00) Ito' my niece, Michelle Cornman, presently residing at 11 Meadow !, Ridge Drive, Sluppensburg, Pennsylvania 17257; B. I give the sum of One Thousand Dollars ($1,000.00) to ~y nephew, Donald A. McCullough, presently residing at 143 Route M1~rI, Ash Crrove, MO; C. I give the sum of One Thousand Dollars ($1,000.00) to I m nephew, Denny H. McCullough, presently residing at 260 Centlle Road, Newville, Pennsylvania 17241; D. I give the sum of One Thousand Dollars ($1,000.00) to ''m~ nephew, Delmer Cornman, presently residing at 11 Meadow I~.idge Drive, Shippensburg, Pennsylvania 17257; WEIGLE & ASSOCIATES, P. C. -ATTORNEYS AT EXHIBIT ET - SHIPPENSBURG, 1~A 172 5 7-13 9 7 __- __ _ . _. _- - l.. I ..~ E. I give the sum of One Thousand Dollars ($1,000.00) to ',my grandnephew , Gary McCullough, presently residing at 17 Parsonage) Street, Newville , Pennsylvania 17241; F. I give the sum of One Thousand Dollars ($1,000.00) to Y grandnephew , James McCullough, presently residing at 481 Oak F1a1~Rpad, Newville . , Pennsylvania 17241; ! G. I give the sum of One Thousand Dollars ($1,000.00) to any grandnephew , Douglas McCullough, presently residing in raze ' off' Donald A . McCullough, 143 Route MM, Ash Grove MO; , H. I give the sum of One Thousand Dollars ($1,000AO) to ~y jgrandnephew , Jeffrey McCullough, presently residing at 141 Route NZM, Ash Grove , MO; I. I give the sum of One Thousand Dollars ($1,000.00) tom granddaughter Pamela Bro ' wn, presently residing at 1990 Walnut Bott Road, Carlisle , Pennsylvania 17015; J. I give the sum of One Thousand Dollars ($1,000.00) ~ rjny grandson , Bradley Pittenger, presently residing in Gaze of Patric~a ~'ittenger 25 , Acorn Drive, Boiling Springs, PA 17007; K. I give the sum of One Thousand Dollars ($1,000.00) t~ ~y grandson , Ryan 1Vlalsbary, presently residing at 2235 North Pea Ridgy Road, Temple , Texas 76502; L. I give the sum of One Thousand Dollazs ($1,000.00) t ~ ~y grandson , Travis Malsbary, presently residing at 2235 North Pe~ Midge Road , Temple, Texas 76502; ~~ M. I give the sum of One Thousand Dollars ($1,000.00) to my~~ fo~-mer so i ~~ ~ n- n- law, Charles Fahnestock, presently residing at 6253 !, Bridle Lane, . ~~ Harrisburg, Pennsylvania 17111; _-_ • N. J I give the sum of One Thousand Dollars ($1,000.00) to ~y' foster son , William Quigley, presently residing at 11 Harvard Avenu$, PViaplewood ,~ . , New Jersey 07040; O. I give the sum of One Thousand Dollars ($1,000.00) to my fc~st~r daughter , Diane Hoover, presently residing at 54 East Main Str$et,! Newville, P ennsylvania 17241; WEIGLE & ASSOCIATES _. -. _. , P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, 'IPA 17257-1397 ~I P• I give the sum of One Thousand Dollars ($1,000.00) to tine John Graham Library of Nevwille, Pennsylvania; Q• I give the sum of One Thousand Dollars ($1,000.00)'~~ to' the Newville . ~ Historical Society of Newville, Pennsylvania; and ',, ', . I ve the sum of One Thousand Dollars ($1 000.00) to thel N ~ ~wville Senior Center of Newville, Pennsylvania 17241; S• I give the sum of One Thousand Dollars ($1,000.00) to tine !Green ,Ridge Village Fund ofNewville, Pennsylvania 17241; and T• I give the sum.of One• Thousand Dollars ($1,000.00) to', th$ Friendship Hose Company of Newville, Pennsylvania 17241. FOURTH I direct that all of the rest, residue,, remainder of my estat~, rbal, personal and mixed, whatsoever aad wheresoever situate, be liquidated and the proc~ed$ distributed as follows: ~4• Twenty-five percent (25%~ to the First United Presbyterian' Church of Nevwille, Pennsylvania; B• One Thousand Dollars ($1,000.00) to each of the organiza~iohs listed in Paragraphs THIRD (P) thru ('I) above; and . C• The remainder to be divided equally among the persons list inl Para a h SECOND, subparagraphs A, B and C, and Paragr ~ Z~I RD subparagraphs (A) throw receiving an equal share, onna per) pits distribution basis thos ~ 8 persons FIFTH• I direct that any and all inheritance, estate and transfer t~x upon my estate passing under my Will or otherwise, shall be paid out of the pn~c ~al f m residuary estate. S~'H• In addition to the powers conferred by law, I authorize m their absolute discretion: y l~x~cutors in i A• To retain in the form received, and to sell either at public or pri~at~ sale any real or personal propert3 ; . ;~!!~~~ ff~tri7ci~ •vn,~: r5 ;+,' IT....r~ •r,/:~•~ /t'lef~%'. •,;~ ~• L' B • To invest and reinvest in all forms of ro f i ~`~~ ~ ~~ ~ ,d ~ a ~•' ~ f l ~ J ~j~. ~~ ~ 1 p periy without bein confined to n `~"..J, 's ~~ legal investments, and without regazd to the principle of divers ~ca~ion; C• To exercise any option or rights arising from ownership of investments; and WEIGLE 6c ASSOCIATES, P. C. -ATTORNEYS AT LAW ~,,. _ _ _ - 126. EAST KING STREET SHIPPENSBURG, Pq ~~,~>2~~57 ~qq7 I D. To compromise claims without court approval, and without the consent of any beneficiary. SEVENTH. I nominate, constitute and appoint .Denny McCullough and Patricia Pittenger, or the survivor thereof, to be the Co-Executors of this my Last Will aid "Testament. In the event that neither person can serve as Executor, I then appoint ~y sister, Frances Cornman as Executor. EIGHTH. I direct that my personal representatives shall not be required to give bond for the faithful performance of their. duties in any jurisdiction. NINTH. I direct my Executors to retain the services of Richard !,L. Webber, Jr., Esquire, presently located at 126 East King Street, Shippensburg, Pennsylv~ni~. 17257, with respect to the settlement of my estate due to his familiarity with my affairs. TENTH. I hereby direct that all federal, state and other death taxes !,payable because of my death, with respect to the property forming my gross estate for tax purpose, whether or not passing under this Will, including any interest or penalty imposed in connection''I wilth such taxes, shall be considered a part of the expense of administration of my estate and that 'such be paid out of the rest and residue of my estate. ' IN WITNESS WHEREOF, I, Mary M. Kelso, have hereunto set my hand aid seal to this my Last Will and Testament, iwritten on four (4) pages, the first three (3) p~.g~s signed for identification only, this lY day of S< ~ j~~ , X00!7. 1 ,f N I C~ ~t ~ ~~? ' ~ ~ k~ ~'~ (SEAL) Mary Mf` elso ' .ti ,` _~ ~~ WEIGLE & ASSOCIATES. P.C. -ATTORNEYS AT LAW - 726 EAST KING STREET - SHIPPENSBURG, ~~PA 17267-1397 __ ii This instrument was by the Testatrix, on the date hereof, signed, published and' declared by her to be her Last Will and Testament, in our presence, who at her request and in th pTesence of each other, we believing her to be of sound and disposing mind and memory, have h~re~nto subscribed our names as witnesses. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS I, Mary M. Kelso, the person whose name is signed to the foregoing instrument, ~ vjing been duly qualified according to law, do hereby acknowledge that I signed and executed to (,instrument as my Last Will; that I signed it willingly; and that I signed it as my flee and volu~nta`ry act for the purposes therein expressed. Sworn or affirmed to and acknowledged before me by Mary M. Kelso the T tatrix this 15~~ day of SEya~f.~~,;- ~ , 2007. Notary Public ~oTARiAL SEAL RICHARD ~.:'~: ' '~R J9.; Nt~TR.RY mt~BLlC SHIPPENSBt~~~~: '~. ~ti~(9ERL~`~D ^.CU"JTY MY COMAb;:i<<~a ::`slr,ES JU:w'r 15; 2010 Mary M ~ elso WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 726 EAST KING STREET - SHIPPENSBURG, i~ PA' 17237-1397 __ - _- -- _ _. i ~_ ,v COMMONWEALTH OF PENNSYLVANIA ; . SS COUNTY OF CUMBERLAND • --, We, -I` t' ~ r I < < r.. ~ i ~ `•,~- ~ f and ~s`~ ',r ~" t^, i , :~ ~ ` , ~ ~ ~~~.e _ ~ , ~, ~,~' 1 the witnesses whose names are signed to the foregoing instrument, being duly q~aI~fied according to law, do depose and say that we were present and saw Mary M. Kelso, the T~esstjaatrix, sign and execute the instrument as her Last Will; that she signed willingly and that she ~ xe~uted it as her free and voluntary act for the purposes therein expressed; that each of us in the erring and sight of the Testatrix, signed the will as witnesses; and that to the best of our knowlddg~ the Testatrix was at the time eighteen (18) or more years of age and of sound mind and undeiF np constraint or undue influence. !, / f ~1 Sworn or affirmed to and subscribed before me I! ~`'> r ~,. ~ ' =" f j ;' ~ ~ and ~~. ~~-'t?~i~7Ci;~ - ~ .~.~~..~ tt '' witnesses, this ~ y day of _ -~~' ~~ ~~..- , 2007. Notary Public C-?? r~~~;~a;+fty i..1'Ys ~~; ~ ` 4 ~ tVQTARY PUBLIC BFttPPE:;dBB~1~3% BL~'r. °.- °RERLAWD COUNTY tr 1' ^wtSl4it44':sSt~~ i~X:~ .JULY i 5, 2014 '' • WEIGLE 6c ASSOCIATES, P. C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, IPA ',17257-1397 ___ _ --- PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of tl State aforesaid, being duly sworn, according to law, deposes and says that the Cm Journal, a legal periodical published in the Borough of Carlisle in the County and was established January 2, 1952, and designated by the local courts as the official periodical for the publication of all legal notices, and has, since January 2, 1952,1 issued weekly in the said County, and that the printed notice or publication attach. exactly the same as was printed in the regular editions and issues of the said Cuml Journal on the following dates, lnty and ind Law aforesaid, regularly :reto is- nd Law viz: ', November 6 November 13 & November 20 2009 Affiant further deposes that he is authorized to verify this statement by the Law Journal, a legal periodical of general circulation, and that he is not interested i matter of the aforesaid notice or advertisement, and that all allegations in the forego statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED 20 day of November. 2009 KeLo, Mary M., deed. Late of West Pennsboro Town- ship. CaExecutors: Patricia Pittenger and Denny McCullough c/o Rich- ard L. Webber, Jr., Esquire, Weigle 8a Associates, P.C., 126 East King Street, Shippensburg, PA 1'257. Attorneys: Richard L. Webber, Jr., Esquire, Weigle 8s Associates, P.C., 126 East King Street, Ship_ parsburg, PA 17257. subject --~ - ~~ Notary NOTi~R1,4L SEf+,L C7ESORAFt R COLLIRS _ Notary PuG11c EXHIBIT - cF.RLISLE sORO, cur~s~Rlfit~lD c ' uajrv , ~ My Commisslon Explras lapr 28, Ot !~ I __ i I __ __ Proof of Publication of Notice in THE VALLEY TIMES-STAR COUNTY OF CUMBERLAND WEIGLE &ASSOCIATES/ESTATE NOTICE COMMONWEALTH OF PENNSYLVANIA John Zimmerman, being duly sworn according to law, deposes and says that he is the Sa~es~IManager of "The Valley Times-Star" which is a weekly newspaper of general circulation publish~d i~m Shippensburg Township, Cumberland County, Pennsylvania, by Latrobe Printing and P blushing Company, a corporation duly organized and existing under the laws of the Commonwealth bf Pennsylvania having its principal place of business at 1011 Ritner Highway (P.O. Box 1 0)~, 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 p~in~ed in the regular editions and issues of "The Valley Times-Star" on the following date(s): November 4. 11. & 18 2009 Affiant further deposes that neither he nor "The Valley Times-Star" and The Latrobe Printing and Publishing Company have any interest in the subject matters of the aforesaid notice or advertisement, and that the facts set forth in the foregoing affidavit is true ~nd corr ~ Sw rn~d subsc dbef re me this Day of ,2009 C~4fJlM~1dYJEHLi'hl ~E PENNSI'~Vl~NiA Nohri~ Seel Lisa Dawn 3heokle, Notiny t'ubUc Bedford Bono, Bedford Courrty My Commission Expkea Feb. 21, 2012 Wiember, Pennsylvania AssooleUon of Notaries r~ -~•. Copy of Notice of Pub~ic~ition ESTATE M1a'tICE Estate of Mary M. Kelso, deceased. Testamentary in the Estate of Mary M. Kelso, late. of est Pennsboro ..Township, Cumberland .County, ;Pennsylvarila, ye been grarrted to: ff-e undersigned.."AU persons knowing to be indebted to said estate are requested to make and those, ha ' ` claims shall present them, without delay, for eeltkrrnent: i Patricia Pittenger end Denny hough c/o'Richard L Webber Jr., E ui~ :.WEIGLE & ASSOCIATES, P. , 126 East King Street ; ~~ Shippensburg, PA 17237 . Attorney for Co-Executors ADV VTS NOVEMBER 4, 11 & 18, 209 _, .. ~ i Notary Public To: "The Valley Times-Star" Shippensburg, PA 17257 For publishing the notice attached hereto: On the stated date(s) ..............$ 70.50 Affidavit ..........................$ 5.00 Total .............................. $ 75.50 IN RE: ESTATE OF MARY M. KELSO , LATE OF WEST PENNSBORO . TOWNSHIP, CUMBERLAND , COUNTY, PENNSYLVANIA , NOTICE IN THE COURT Off' COMMON PLEAS OF CUh'IBEIRLAND COUNTY, PENNSYLVANIA ORPHANS' COUR1!' DIVISION NO. 2009-01002 '~ PA No 21-09-1002 This is to advise you that Patricia Pittenger and Denny McCullough, Co-E~edutors under the Will of Mary M. Kelso, deceased, has filed the First and Final Account of the ~',adhiinistration of the said decedent's estate in the Office of the Register of Wills of Cumb~'rlatid County, Pennsylvania. The said Account and Proposed Schedule of Distribution will be p~es$nted to the Court of Common Pleas of Cumberland County, Pennsylvania, Orphans' Court .Division of Carlisle, Pennsylvania, in the assigned Courtroom of the Cumberland Countyfi Qourthouse, Carlisle, Pennsylvania, on Tuesday, August 24, 2010 at 9:30 A.M., for confirmation. Copies of the said Account and Proposed Schedule of Distribution are enclo$ed~herewith. This Notice is sent to you as an interested party, in accordance with the R~les of Court. Any exceptions or objections to the said Account or Proposed Schedule of Distrib~tidn may be filed prior to, or at that time and date, by any party of Interest. You are not required to appear at the audit. However, if you do no appear in ~erlson or by counsel, the Court will assume that you agree with the accounting and the distributipn ;proposed by the accountants. Very truly yours, Date: July 22, 2010 WEIGLE & ASSOCIATES, P.C ~~ ~ ~ By: Richard L. Webber, Jr., Esquire ~~ 126 East King Street Shippensburg, PA 17257 (717) 532-7388 EXHIBIT 4 _ 1 ~ - __ V A IN RE: ESTATE OF MARY M. KELSO IN THE COURT OF COMMON LATE OF WEST PENNSBORO PLEAS OF CU1ViB~RLAND TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA COUNTY, PENNSYLVANIA • • ORPHANS' COUR'~I' DIVISION • NO. 2009-01002 • PA No 21-09-1002 '' CERTIFICATE OF SERVICE I do hereby certify that on July 22, 2010, I served the Notice, First and F1ina~l Accountin , and Schedule of Proposed Distribution to each of the persons and entities listed l~elc~w by mail g a copy of the same by U. S. First Class Mail: Linda Malsbary Frances Cornman Michell C 2235 North Pea Ridge Road 11 Meadow Ridge Lane Temple, TX 76502 Shippensburg, PA 17257 Donald A. McCullough 143 Route MM Ash Grove, MO 65604 Denny H. McCullough 260 Centerville Road Newville, PA 17241 Gary McCullough 331 Steelstown Road Nevwille, PA 17241 Jeffrey McCullough 141 Route MM Ash Grove, MO 65604 Ryan Malsbary 4500 E. Ohorf, #407 Austin, TX 78741 William Quigley 11 Harvazd Avenue Maplewood, NJ 07040 John Graham Librazy 9 Parsonage Street Newville, PA 17241 James McCullough 481 Oak Flat Road Nevwille, PA 17241 Pamela Brown 1990 Walnut Bottom Road Carlisle, PA 17015 Travis Malsbary 1210 N. 13m Street Temple, TX 76501 Diane Hoover 54 East Main Street Newville, PA 17241 IVewville Historical Society 69 S. High Street Newville, PA 17241 e ornman 11 Meadow Ridge Lanje Shippensburg, PA 1727 Delmer Cornman 11 Meadow Ridge Roa~3 j Shippensburg, PA 172$7 i Douglas McCullough c% Donald McCullough 143 Route MM Ash Grove, MO 65604 ', Bradley Pittenger 25 Acorn Drive Boiling Springs, PA 17q'07' Chazles Fahnestock ~! 6253 Bridle Lane Harrisburg, PA 17111 Patricia Pittenger 44 Liberty Court Cazlisle, PA 17015 Newville Senior tenter 91 Doubling Gap ~Zo~.d Newville, PA 17241 i_ L . ~~. A `~ Green Ridge Village Fund 210 Big Spring Road Newville, PA 17241 First United Presbyterian Church 111 West Big Spring Avenue Newville, PA 17241 Friendship Hose Company 15 East Big Spring Avenue Newville, PA 17241 wEIGLE & ASSOCIATES, P.C. Date: 7 ~~- ~(v aY~ Richard L. Webber, Jr., Esquire Attorney ID#49634 126 East King Street Shippensburg, PA 17257 ~I (717) 532-7388