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HomeMy WebLinkAbout01-24-11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA ORPHANS' COURT DIVISION FILE N0.21-09-0667 FIRST AND FINAL ACCOUNT OF FAITH A. TRINI{I,, Executrix For ESTATE OF CURTIS G. DAMS, DECEASED Date of Death: Date of Incapacity, if any: Date of Executrix's Appointment: Date of Advertisements: The Patriot News The Patriot News The Patriot News The Sentinel The Sentinel The Sentinel Accounting for the Period: 6/7/2009 None 7/20/2009 8/7/2009 8/14/2009 8/21/2009 8/7/2009 8/14/2009 8/21/2009 6/7/2009 through 10/1/2010 Purpose of Account: Faith A. Trinkl, Executrix, offers this Account to acquaint interested parties with the transactions that have occurred during the Administration. It is important that the account be carefully examined. Requests for additional information, questions or objections can be discussed with: Anthony C."Gulotta, Esquire AG Tax Law, P.C. 1110 North Mountain Road Harrisburg, PA 17112 (717)635-7145 PA ID No. 82081 ~~ n ,~:_ ~ ~,t co-op .__ Z,;. ~~ ~ ~ ~ m . rv ~ i e; . ~ ~ _~;~ ._ ~U,~ ~ ~~ ~~ ,=_ ;,~ ~ ~ _ .. ~:7 Page 1 of 9 SUMMARY OF ACCOUNT PRINCIPAL PAGES Receipts 3 $274,749:3 8 Less Disbursements: Debts of Decedent 4 $31,354.13 Funeral Expenses 5 $780.00 Administration Expenses 5 $1,240.48 Federal, State & Local Taxes 5 $9,750.21 Fees and Commissions 6 $8,696.95 -$51,821.77 Balance before Distributions $222,927.61 Distributions to Beneficiaries 7 $222,927.61 Principal Balance on Hand $0.00 Verification g Page 2 of 9 PRINCIPAL RECEIPTS Checkine, Saving s and Associated Dividends 7/27/2009 Members 1st Federal Credit Union, Savings Acct # 343928 7/27/2009 Members 1st Federal Credit Union, Checking Acct # 343928 9/16/2009 Sun Trust Bank, Savings Acct # 0000182531287 7/31/2009 Members 1st Federal Credit Union, Acct # 362964, Savings Account Dividend 8/31/2009 Members 1st Federal Credit Union, Acct # 362964, Savings Account Dividend 9/30/2009 Members 1st Federal Credit Union, Acct # 362964, Savings Account Dividend 10/31/2009 Members 1st Federal Credit Union, Acct # 362964, Savings Account Dividend 11/30/2009 Members 1st Federal Credit Union, Acct # 362964, Savings Account Dividend 12/31/2009 Members 1st Federal Credit Union, Acct # 362964, Savings Account Dividend 1 /31 /2010 Members 1st Federal Credit Union, Acct # 362964, Savings Account Dividend 2/28/2010 Members 1st Federal Credit Union, Acct # 362964, Savings Account Dividend 3/31/2010 Members 1st Federal Credit Union, Acct # 362964, Savings Account Dividend 4/30/2010 Members 1st Federal Credit Union, Acct # 362964, Savings Account Dividend 5/31/2010 Members 1st Federal Credit Union, Acct # 362964, Savings Account Dividend 6/30/2010 Members 1st Federal Credit Union, Acct # 362964, Savings Account Dividend 7/31/2010 Members 1st Federal Credit Union, Acct # 362964, Savings Account Dividend 8/31/2010 Members 1st Federal Credit Union, Acct # 362964, Savings Account Dividend 9/30/2010 Members 1st Federal Credit Union, Acct # 362964, Savings Account Dividend 10/31/2010 Members 1st Federal Credit Union, Acct # 362964, Savings Account Dividend 11/30/2010 Members 1st Federal Credit Union, Acct # 362964, Savings Account Dividend 12/31/2010 Members 1st Federal Credit Union, Acct # 362964, Savings Account Dividend Life Insurance 10/26/2009 Continental Assurance, Policy # 00636207 -Life insurance proceeds TOTAL PRINCIPAL RECEIPTS $235,849.51 $24,397.55 $5,220.58 $5.35 $26.69 $22.13 $18.59 $12.95 $7.00 $6.85 $6.19 $6.85 $6.63 $6.85 $6.63 $6.85 $6.81 $5.64 $2.94 $2.85 $2.94 $9,121.00 $274,749.38 Page 3 of 9 DISBURSEMENTS OF PRINCIPAL Debts of the Decedent 7/26/2008 Lowes -Materials necessary to construct shower for custom bath necessary for $467.33 deceased's condition prior to death. Paid by Faith Trinkl and reimbursed by the estate on 8/24/2010 by check # 121. 11/22/2008 Boscovs -Bedding purchased for the deceased and his wife. Paid by Faith $84.66 Trinkl and reimbursed by the estate on 8/24/2010 by check # 121. i 1/24/2008 Lowes -Wardrobe cabinet purchased for the deceased. Paid by Faith Trinkl and $380.58 reimbursed by the estate on 8/24/2010 by check # 121. 11/25/2008 American Home Medical Equipment - 2 electric hospital beds for Leona and $464.00 Curtis Davis. Paid by Faith Trinkl and reimbursed by the estate on 8/24/2010 by check # 121. 12/3/2008 Med Staffers -Medical care for Leona and Curtis Davis. Paid by Faith Trinkl $292.50 and reimbursed by the estate on 8/24/2010 by check # 121. 12/9/2008 Musselman Funeral Home - Creamation expenses for Leona Davis (deceased's $380.00 wife). Paid by Faith Trinkl and reimbursed by the estate on 8/24/2010 by check # 121. 12/23/2008 Lincare -Medical expenses for Leona Davis (deceased's wife). Paid by Faith $23.11 Trinkl and reimbursed by the estate on 8/24/2010 by check # 121. 12/30/2008 LISPS -Postage paid on behalf of deceased. Paid by Faith Trinkl and $16.50 reimbursed by the estate on 8/24/2010 by check # 121. 1 /21 /2009 Steubenville Herald -Leona. Davis (deceased's wife)'s Obituary. Paid by Karen $103.70 Newstead and reimbursed by the estate on 9/10/2009 by check # 110. 1/26/2009 Claremont Nursing & Rehab Center -Cash deposit towards deceased's care. $71.00 Paid by Faith Trinkl and reimbursed by the estate on 8/24/2010 by check # 121. 2/12/2009 LISPS -Postage paid on behalf of deceased. Paid by Faith Trinkl and $16.50 reimbursed by the estate on 8/24/2010 by check # 121. 3/25/2009 Claremont Nursing & Rehab Center -Cash deposit towards deceased's care. $200.00 Paid by Faith Trinkl and reimbursed by the estate on 8/24/2010 by check # 121. 4/4/2009 Spirit Physician Services -Medical expenses for Leona Davis (deceased's wife). $16.80 Paid by Faith Trinkl and reimbursed by the estate on 8/24/2010 by check # 121. 4/10/2009 Nephrology Assoc of Central PA -Medical expenses for Leona and Curtis $6.18 Davis. Paid by Faith Trinkl and reimbursed by the estate on 8/24/2010 by check 4/23/2009 Pulmonary and Critical Care Medicine Associates, P.C. -Medical expenses for $15.27 Leona Davis (deceased's wife). Paid by Faith Trinkl and reimbursed by the estate on 8/24/2010 by check # 121. 8/24/2010 Faith Trinkl -Partial reimbursement of construction of bathroom tailored to $5,000.00 deceased's needs that deceased agreed to pay for and all siblings agree to reimburse. Page 4 of 9 9/24/2010 Patrick K. Davis -Reimbursement of expenses associated with the sale of $23,816.00 decedent's prior home, per an agreement between Pat and the deceased that all heirs have approved. $31,354.13 Funeral Ex penses 6/11/2009 Musselman Funeral Home - Creamation expenses for deceased. Paid by Faith $780.00 Trinkl and reimbursed by the estate on 8/24/2010 by check # 121. Administration Expenses $780.00 6/19/2009 Steubenville Herald -Curtis Davis (deceased)'s Obituary -Paid by Karen $282.75 Newstead and reimbursed by the estate on 9/10/2009 by check # 111. 7/20/2009 Register of Wills -Probate Fees. Paid by Anderson & Gulotta, PC and $374.00 reimbursed by the estate on 12/7/2009 by check # 120. 7/21/2009 Burlington Times -Curtis Davis (deceased)'s Obituary -Paid by Karen $244.80 Newstead and reimbursed by the estate on 9/10/2009 by check # 112. 7/27/2009 Members First -Payment to savings account necessary to open account with $5.00 bank. 7/31/2009 USPS -Postage for publication requests, notices to all beneficiaries and $4.84 certification of notice to court. Paid by Anderson & Gulotta, PC and reimbursed by the estate on 12/7/2009 by check # 120. 8/4/2009 Members First -Estate checks $13.25 9/2/2009 The Sentinel -Estate publication notices. Paid by Anderson & Gulotta, PC and $123.82 reimbursed by the estate on 12/7/2009 by check # 120. 9/2/2009 The Patriot News -Estate publication notices. Paid by Anderson & Gulotta, PC $177.02 and reimbursed by the estate on 12/7/2009 by check # 120. 12/1/2009 Register of Wills -Inventory Filing Fee. Paid by Anderson & Gulotta, PC and $15.00 reimbursed by the estate on 12/7/2009 by check # 120. $1,240.48 Federal. State & Local Taxes 8/24/2009 Register of Wills, Agent PA inheritance tax, payment on account $13,000.00 Less 5% discount -$513.17 Less refund -$3,249.79 $9,750.21 Total Tax Payment $10,263.38 Page 5 of 9 Fees and Commissions 12/7/2009 Anderson & Gulotta, P.C. Attorney Fees $3,994.20 Anderson & Culotta, P.C. Attorney Fees $4,000.00 11/17/2009 DNA Diagnostics Center -DNA testing of Bill Montgomery, claiming to be $522.50 illegitimate child of decedent. Paid by Anderson & Culotta, PC and reimbursed by the estate on 12/7/2009 by check # 120. 11/19/2009 Information Network Associates -Private Investigator to investigate Bill $180.25 Montgomery's claim. Paid by Anderson & Culotta, PC and reimbursed by the estate on 12/7/2009 by check # 120. $8,696.95 TOTAL DISBURSEMENTS OF PRINCIPAL $51,821.77 Page 6 of 9 DISTRIBUTIONS OF PRINCIPAL TO BENEFICIARIES TO: Sharon L. Fernber in satisfaction of gift under ITEM III of Will 8/5/2009 Advance $10,000.00 11/16/2009 Advance $15,000.00 Advance $2,000.00 Anticipated Final Distribution Upon Court Approval $4,846.80 $31,846.80 TO: Karen L. Newstead in satisfaction of gift under ITEM III of Will 8/5/2009 Advance $10,000.00 11 /16/2009 Advance $15,000.00 Advance $2,000.00 Anticipated Final Distribution Upon Court Approval $4,846.80 $31,846.80 TO: David G. Davis, in satisfaction of gift under ITEM III of Will 8/5/2009 Advance $10,000.00 11 / 16/2009 Advance $15,000.00 Advance $2,000.00 Anticipated Final Distribution Upon Court Approval $4,846.80 $31,846.80 TO: Colleen S. Watt, in satisfaction of gift under ITEM III of Will 8/5/2009 Advance $10,000.00 11 / 16/2009 Advance $15,000.00 Advance $2,000.00 Anticipated Final Distribution Upon Court Approval $4,846.80 $31,846.80 Page 7 of 9 TO: Faith A. Trinkl, in satisfaction of gift under ITEM III of Will 8/5/2009 Advance $10,000.00 11 /16/2009 Advance $15,000.00 Advance $2,000.00 Anticipated Final Distribution Upon Court Approval $4,846.80 $31,846.80 TO: Patrick K. Davis, in satisfaction of gift under ITEM III of Will 8/5/2009 Advance $10,000.00 11/16/2009 Advance $15,000.00 Advance $2,000.00 Anticipated Final Distribution Upon Court Approval $4,846.80 $31,846.80 TO: Melanie A. Pike in satisfaction of gift under ITEM III of Will 8/5/2009 Advance $10,000.00 11 / 16/2009 Advance $15,000.00 Advance $2,000.00 Anticipated Final Distribution Upon Court Approval $4,846.80 $31,846.80 TOTAL DISTRIBUTIONS OF PRINCIPAL TO BENEFICIARIES $222,927.61 Page 8 of 9 VERIFICATION FAITH A. TRINKL, Executrix of the Will of CURTIS G. DAMS, Deceased, hereby declares under oath that she has fully and faithfully discharged the duties of her office; that the foregoing First and Final Account is true and correct and fully discloses all signifigant transactions occuring during the accounting period; that all known claims against the Estate have been paid in full; that, to her knowledge, there are no claims outstanding against the Estate; that all taxes presently due from the Estate have been paid; and that grant of Letters Testamentary and the first complete advertisement thereof occured no more than four months before the filing of the foregoing First and Final Account. This statement is made subject to penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. ~.~~'" !- i - oi~ Dated Subscribed and sworn to by FAITH A. TRINKL before me this ~_ day of Tari. , 2011. ~_ _ Notary Public v FAITH A. TRINKL Executrix Page 9 of 9 CERTIFICATION OF NOTICE UNDER Pa.O.C. Rule 6.3.1 BEFORE THE REGISTER OF WILLS COUNTY OF CUMBERLAND, PENNSYLVANIA 1N RE: ESTATE OF CURTIS G. DAVIS, Deceased File Number 2009-00667 To the Register: I hereby certify that notice of presentation of the account for audit and the proposed statement of distribution was served on or mailed to the following beneficiaries, creditors, heirs or next of kin on January 19, 2011. This notice met the requirements of Pa.O.C. Rule 6.3.1 (a) and Rule 6.3.1(b). Name Address Sharon Lee Fernberg 66 Whitman Rd., Rochester, NY 14616 Karen Lynn Newstead 501 De Carli Ct., Campbell, CA 95008 David Gordon Davis 89 Fruitwood Trail, Fairfield, PA 17320 Colleen Sue Watt 445 Galvin Drive, Clarksville, TN 37042 Faith Arlene Trinkl 913 Maplewood Lane, Enola, PA 17025 Patrick Kevin Davis 121 Oldham Place, Chapel Hill, NC 27516 Melanie Anne Pike 21 Curtiss Avenue, Sodus, NY 14551 Date: 1 iq I ~ \ (Signature Anthony C. Gulotta, Esq. AG Tax Law, P.C. 1110 North Mountain Road Harrisburg, PA 17112 (717)635-7145 Capacity: Counsel for Personal Representative ~1l~'EN'FE)RY REGISTER OF 1,~'ILLS OF Cumberland COMMON~'LALTH OF PENNSYLVANIA COUNTS' OF Cumberland SS File COL7NTY, PE]`TNSYLVANLA 2009-00667 Persona] Representative(s) of the Estate of Curtis G. Davis deceased, depose(s) and say(s) that the items appearin; in the following inventon~ include al] of the personal assets wherever situate and all ofthe real estate in the Commonwealth of Pennsyh~ania of said Decedent, that the valuation placed opposite each item of said inventory represents its fair value as of the date of t11e 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. ] verifp~ that the statements made in this Inven- ~ ~ • tort' are true and correct. I understand that false state- ments herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relatni~ to unsworn falsification to authorities. Attorney -- (Name) Anthony C. Gulotta 82051 (Szrpreme Cozn•tLD. No.~ (Address) AG Tax Law, P.C., 1110 North Mountain Road, Harrisburg, PA 17112 (Telephone) (717) 635-7145 DATE OF DEFTi1 LOST RESIDENCE DECEDENT'S SOC. SEC. NO. 06/07/2009 Clazemont Nursing & Rehab., Claremont Rd., Carlisle, PA 170li X91-14-2896 FIGURES MUST BE TOTALEB Members First, Checking/ Savings Account # 343928 260,247.06 Sun Trust, Checking Acct # 00001 8 2 53 1287 5,220.58 Continental Assurance, Life Insurance, Policy # 00636207 9,121.00 na 4 4 ~ ~~ r., f..'S ,Ti t ~~ ~ S~ t~3 r ~ t.~~,~ ' ( ~ 1 ~ - N C.'S J." T4 (Attach additional sheets as needed) AL: ~ 274,588.64 NOTE: The Memorandum of real estate outside the Commonwealth of Pennsyh'auia 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. (See 30 Po. C.S. § 3301(6)) Form P. i7=09 rer.10.13.06 DECEDENT'S ESTATE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVAMA ORPHANS' COURT DIVISION ESTATE OF Curtis G. Davis DECEASED No. 2009-OOb67 ^ ~ o ~ t l C:'}. M n cz~ -ip `_ r~, c ~ ~Z~ cn ~ N -C_- ~~ '._:~ r^'7 PETITION FOR ADJUDICATION / l7~ '~ Q ~ ~ STATEMENT OF PROPOSED DISTRIBUTION v ~ ~ -, PURSUANT TO Pa. O.C. Rule 6.9 ,!_. ~ ~- wn This form may be used in all cases involving the Audit of the Account of a Decedent's Estate. If space is insufficient, riders may be attached. Attach the spouse's election, if arty; the papers required under items 8-19 inclusive; and any instrument pertinent to the adjudication. INCL UDE ATTACHMENTS AT THE BACK OF THIS FORM. Name of Counsel: Anthony C. Gulotta Supreme Court I.D. No.: 82081 Name of Law Firm: AG Tax Law, P.C. Address: 1110 North Mountain Road, Harrisburg, PA 17112 Telephone: (717) 635-7145 Form OGOt rev. /OJ3.06 Page 1 of 10 Estate of Curtis G. Davis Name(s) and address(es) of Petitioner(s): roams. Faith A Trinkl Addreea: 913 Maplewood Lane Enola, PA 17025 Identify any executors or administrators who have not joined in the Petition for Adjudication and Statement of Proposed Distribution and state reason: Deceased Is this the first accounting by this fiduciary? ..................... ®Yes ©No If not, identify prior accountings, the accounting periods covered, and the date of adjudication of the prior accounting. 2. Decedent died on June 7, 2009 ® Letters Testamentary or ©Letters of Administration were granted to Petitioner(s) on Julv 20, 2009 Date of Will (fapplicable): April I5, 2004 Date(s) of Codicil(s) (if applicable): Date of probate (if different from date Letters granted): Was a bond required? [Yes ®No If yes, state amount: Are proofs of advertising of the grant of Letters attached? ......... ®Yes Q No Dates of advertising of the grant of Letters: August 7, 14, & 21, 2009 FormOGOI rev. !0.!3.06 Page 2 of 10 Estate of Curtis G. Davis Deceased 3. Was decedent survived by a spouse? ............................. ^Yes m No If yes, name of the surviving spouse: 4. Has the surviving spouse filed to take an elective share? ............. ®Yes ®No (~ Section 2201 et s_q. 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 (rf none, so state): 6. Did decedent marry after execution of Will or Codicil(s)? ........... ®Yes ®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: 7. If required by the Medical Assistance Estate Recovery Act, 62 P.S. § 1412, was a request for a statement of claim sent to the Department of Public Welfare? .... . .. . . . . . ...... , , , , ®Yes (~ No FormOC-0/ rev. 10./3.06 Page 3 of 10 Estate of Curtis G. Davis Deceased Written notice of the Audit as required by Pa. O.C. Rules 6.3, 6.7 and 6.8 has been or will be given to all parties in interest listed in item 9 below, all unpaid creditors and all claimants listed in item 10 below. In addition, notice of any questions requiring Adjudication as discussed in item 14 below has been or will be given to all persons affected thereby. A. If Notice has been given, attach a copy of the Notice as well as a list of the names and addresses of the parties receiving such Notice. B. If Notice is yet to be given, a copy of the Notice as well as a list of the names and addresses of the parties receiving such Notice shall be submitted at the Audit together with a statement executed by a Petitioner or counsel certifying that such notice has been given. C. If any person entitled to Notice is not sui juris (e.g., minors or incapacitated persons), Notice of the Audit has been or will be given to the appropriate representative on such party's behalf as required by Pa. O.C. Rule 5.2. D. If any charitable interest is involved, Notice of the Audit has been or will also be given to the Attorney General as required under Pa. O.C. Rule 5.5. In addition, the Attorney General's clearance certificate (or proof of service of Notice and a copy of such Notice) must be submitted herewith or at the Audit. 9. List all parties (charitable and non-charitable) of whom Petitioner(s) has/have notice or knowledge, having or claiming any interest in the estate as beneficiaries under the Will or Codicil(s) or as intestate heirs if there is a complete or partial intestacy: A. State each party's relationship to the decedent and the nature of each party's interest(s): Form OC-Ol rev. 10.13.06 Page 4 of 10 Estate of Curtis G. Davis Deceased B. Identify each party who is not sui juris (e.g., minors or incapacitated persons). For each such party, give date of birth, the name of each Guardian and how each Guardian was appointed. If no Guardian has been appointed, identify the next of kin of such party, giving the name, address and relationship of each. N/A C. State why a Petition for Guardian/Trustee Ad Litem has or has not been filed for this Audit (,~ Pa. O.C. Rule 12.4). N/A D. If distribution is to be made to the personal representative of a deceased party, state date of death, date and place of grant of Letters and type of Letters granted. N/A Form OG01 rev. 10.13.06 Page 5 of 10 Estate of Curtis G. Davis Deceased 10. Other than the claim for the family exemption, list the names of all known claimants and the amount of their claims and state whether each claim is admitted. Name and Address of Each Claimant Amount ajClatm Claim Wrll Claim Admitted? BePatdln Full? ®Yes ®Yes ®No l"'1No ®Yes ^Yes ®No ®No ^Yes ^Yes ®No ~No ^Yes ®Yes ^No ~No If the estate is insolvent, attach a schedule setting forth the order of preference under 20 Pa.C.S. § 3392 and the proposed payments. 11. Was family exemption claimed? ....... . ........................ ®Yes mNo Was family exemption allowed? ....... . ........................ ®Yes mNo Family exemption claimant's name and relationship: Name: Relationship: Form OGOl rev. 10.13.06 Page 6 of 10 Estate of Curtis G. Davis Deceased 12. The amount of Pennsylvania Transfer Inheritance Tax and additional Pennsylvania Estate Tax paid, the date(s) of payment(s), and the interest(s) upon which paid, are as follows: Dam Payment Interest 08/24/2009 13,000.00 10/07/2010 -3,249.79 13. On the date of death, was the decedent a fiduciary (personal representative, trustee, guardian, agent under power of attorney) or surety on the bond of a fiduciary? ,,,, , ,, , , , , , , , , ©Yes ®No If yes, provide the name of the estate, indicate whether an account has been filed and confirmed absolutely and all awards performed, or, in the alternative, how the decedent's estate will be discharged for the decedent's fiduciary administration of the estate. 14. A. Describe in detail any questions requiring adjudication and state the position of the Petitioner(s) as to each question: N/A B. Has notice of the question requiring adjudication been given to the parties identified in Paragraph 9 above? ................. . ©Yes ~ No 15. If Petitioner(s) has/have knowledge that a share has been assigned, renounced, disclaimed or attached, provide a copy of the assignment, renunciation, disclaimer or attachment, together with any relevant supporting documentation. Form OGOI rev. 10.13.06 Page 7 of 10 Estate of Curtis G. Davis Deceased 16. Had the decedent been adjudicated an incapacitated person? ......... . ®Yes ®No If yes, attach a copy of the Order if available; otherwise state the Court, term, number, date, and name of Hearing Judge. 17. A. List or attach a separate list of additional receipts and disbursements since the closing date of the Account. B. Has notice of the additional receipts and disbursements been given to the parties identified in Paragraph 9 above? ............. ©yes ®No 18. If a reserve is requested, state amount and purpose. Amnvm: Purpose: If a reserve is requested for counsel fees, has notice of the amount of fees to be paid from the reserve been given to the parties in interest? ........................................ Yes ®No If so, attach a copy of the notice. 19. Is the Court being asked to direct the filing of a Schedule of Distribution? .......................... ®Yes ®No As to real estate only? .................. ...................... ©Yes No FormOC-01 rev.10.l3.06 Page 8 of 10 Estate of Curtis G. Davis Deceased Wherefore, your Petitioner(s) ask(s) that distribution be awarded to the parties entitled and suggest(s) that the distributive shares of income and principal (residuary shares being stated in proportions, not amounts) are as follows: A. Income: Proposed Distributee(sJ B. Principal: Proposed Distributee(sJ Sharon L. Fernberg, Karen L. Newstead, David G. Davis, Colleen S. Watt, Faith A. Trinkl, Patrick K. Davis, Melanie A. Pike Amotmt/Proportion AmotmdProportion $31,846.80 $31,846.80 $31,846.80 Submitted By: (All petitioners must sign. Add additional lines if necessary): t Name of Petitioner: Faith A. Trinkl Name of Petitioner: FormOC-01 rev. to.rs.oe Page 9 of 10 Estate of Curtis G. Davis Verification of Petitioner (Verification must be by at least one petitioner.) Deceased The undersigned hereby verifies * [that her:~e is :;rre of the above-named name ofcorporadon and] that the facts set forth in the foregoing Petition for Adjudication /Statement of Proposed Distribution which are within the personal knowledge of the Petitioner are true, and as to facts based on the information of others, the Petitioner, after diligent inquiry, believes them to be true; and that any false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 (relating to unsworn falsification to authorities). ~.1.~,~ o___ Signature of Petitioner " Corporate petitioners must complete bracketed information. Certification of Counsel The undersigned counsel hereby certifies that the foregoing Petition for Adjudication/ Statement of Proposed Distribution is a true and accurate reproduction of the form Petition authorized by the Supreme Court, and that no changes to the form have been made beyond the responses herein. Form OG01 rev. 10.13.06 ~~ Signature of Counsel for Petitioner Page 10 of 10 The.Patrlut-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 ANDERSON GULOTTA PC 1110 N MOUNTAIN ROAD HARRISBURG PA 17112 Ile }lahiohNews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Leslie Kramer, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY Thls ad # 0001998528 ran on the dates shown below: ~q~i~... ~'~rx~t.,...... Sworn to before me Public CAAMAONVVEALTH OF PENNSYLVANIA Nda~l SsY Startle L 14msr, Nolary Pubic Gly Of Hmbbu~p+ DaipFAn Cwnly My CarnmMion E~ss Nw. 28, 201 t MsmDet, P~nnsyNrYa Assodetlon of NoGrieY August O7, 2009 August 14, 2009 August 21, 2009 2009 A. D. PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tames Kleinklaus, Advertising Operations Director of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13,1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTIlVEL on the following day(s): August 7,14, and 21, 2009 COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and chazacter of publication aze true. S~wo~rn to~anhd subscribed before me this JC~.~ ~/1_WII,~1~i ,11..1'1 ~r Il,~,('i~(.IVI I/!~ Notary Public My commission expires: OP EEAL ~A~I.ANN HECKIENDOfa'F, No1Mr PubM~ ~np FNM 8om.. Ct~nibNhnd ~p~y Conranion 212010 RETAIN THIS PORTION FOR YOUR RECORDS THE S$NTINSL - L8GJ1L AG TAX LAW P.O. BOX 130 CARLISLE, PA 17013 A NUMBER CLASS SALESPERSON BILLING DATE LINES 372915 10 PUBLIC NOTICES carts 08/21/09 22 * 2 AD DESCRIPTION START DATE STOP DATE NOTICE LETTERS HAVE BEEN GRANTED O 08/07/09 08/21/09 PUBLICATION INSERTIONS RATE NET AMOUNT GROSS AMOUNT 3 THE SENTINEL - LEGAL 3 LGL 116.82 TOTAL AD CHARGE 116.82 PROOF OF PUBLICATION Est C. Davis O1PRF I 7.00 PAY THIS AMOUNT I 123.82 I 148.58* MESSAGE: Thank you for advertising with The Sentinel. Deadlines for in-column legal advertisements: Monday is Thursday at 5 p.m; Tuesday is Friday at 5 p.m.; Wednesday is Monday at 5 p.m; Thursday is Tuesday at 5 p.m; Friday is Wednesday at 5 p.m ; Saturday is Wednesday at 12 Noon; Sunday is Wednesday at 5 p.m. If you have any questions regarding your Legal bill please call Classified Manager at 717-240-7176 Fax your legals to 717-243-3754 attention Classified Manager You can also EMAIL your legal to Classified ads: classifiedc~cumberlink.com Please send a cover letter including your name and address as an attachment DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT THE SENTINEL -LEGAL Est r _ nay; D A GAV 4tn r^eo~ ~c~ ~ ee A7nw•1 AD NUMBER CLASSO START DATE STOP DATE 372915 PUBLIC NOTICES 08/07/09 08/21/09 AD DESCRIPTION BILLING DATE TELEPHONE NUMBER NOTICE LETTERS HAVE BEEN GRANTED 0 08/21/09 717-635-7145 AG TAX LAW 1110 NORTH MOUNTAIN ROAD HARRISBURG, PA 17112 I~~~III,~,I~~~II~~~II~~I~II~~I~I GROSS AMOUNT OF 148.58 DUE AFTER 09/20/09 TOTAL AMOUNT DUE 123.82 ENTER AMOUNT ENCLOSED 20200000003729150000000000000001485800000123828 The~Patriwt-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 ANDERSON GULOTTA PC 1110 N MOUNTAIN ROAD HARRISBURG PA 17112 INVOICE ~~ !!A~ ~he~laatriot-News Now you know AD ORDER # DATE ITI ADDTL. INFO. ALL CHARGES ARE NET TYPE OF CHARGE AMOUNT 154159 ANDERSON GULOTTA PC 0001998528 08/07!09 REGULAR 154159 ANDERSON GULOTTA PC 0001998528 08/14/09 REGULAR 154159 ANDERSON GULOTTA PC 0001998528 08/21/09 REGULAR BASIC AD CHARGE $57.34 BASIC AD CHARGE $57.34 BASIC AD CHARGE $57.34 AFFIDAVIT CHARGE $5.00 TOTAL: REMITTANCE ADDRESS The Patriot-News Co. 23794 Network PL Chicago, IL 60673-1237 Please include the Account # or Ad Order # (above) with your remittance--Thank You 37 77.02 NOTE: This Invoice replaces the Order Confirmation which we previously sent with Proofs of Publication LAST WILL AND TESTAMENT ~- ~ ALAMANCE COUNTY I, CURTIS G. DAVIS, a resident of the County of Alamance and the State of North Carolina, do hereby revoke all wills and codicils heretofore made by me, and do hereby make, publish and declare this my Last Will and Testament in manner and form as follows: ITEM I I direct my Executrix hereinafter named to pay all of my just debts and funeral expenses, including costs of cremation and other expenses related thereto, and to pay the costs of the administration of my estate including any and all federal and state inheritance and estate taxes which may become payable by reason of my death on property passing under or outside of this Last Will and Testament, as soon as practicable after my death. I further direct that my bodily remains be cremated and that the ashes from said cremation be scattered at the National Historical Site in Andersonville, Georgia. I hereby further confirm that arrangements for such cremation have already been made with Lowe Funeral Home & Crematory, Inc., in Burlington, North Carolina, and that the costs for such cremation have been paid in advance. I further direct that all reasonable costs incurred in connection with the transportation and scattering of my ashes as directed herein shall be paid from my estate. ITEM II All of my property of every sort, kind and description, which I may own at the time of my death, real or personal, tangible or intangible, of whatsoever nature and wheresoever situated, and including any and all property which I may acquire or become entitled to after the execution of this Will, I will, devise and bequeath in fee simple to my beloved wife, LEONA B. DAVIS. be ~Cl ~l.i 2~~~i~:''r:,~Jv v Yt~iv :~ ~1; oz ~„~ ~~~ ss ~. °^' Page One (1) of the Last Will and Testament of CURTIS G. DAVIS, Consisting of Foyr (4)~Pages. CURTIS G. DAVIS r .. „ ~~ }~.~ . < ~ ITEM III In the event both of us, my wife and I, should meet with an accident and both of us either be killed instantly or die within thirty (30) days of the accident, or if my wife should predecease me or die for any reason within thirty (30) days of my death, for the purpose of probate of this Will, it is to be presumed that I was the last to die and in that event, I will, devise and bequeath my entire estate to my Alternate Co-Executors hereinafter named and I direct that my said Alternate Co-Executors liquidate and reduce to cash all of the assets of my estate, at either public or private sale, the manner of sale to be selected by my Alternate Co- Executors in their sole discretion, and for such amounts and upon such terms as my Alternate Co-Executors in their sole discretion shall deem advisable and in the best interest of my estate, and after the sale of same, and after payment of any costs of sale, debts of my estate, inheritance or estate taxes, and costs of administration, I will, devise and bequeath the proceeds from such sale and liquidation in fee simple and in equal shares to my seven children, to-wit: SHARON L. FERNBERG, currently residing in Rochester, New York; KAREN L. NEWSTEAD, currently residing in Campbell, California; DAVID G. DAVIS, currently residing in Fairfield, Pennsylvania; COLLEEN S. WATT, currently residing in Clarksville, Tennessee; FAITH A. TRINKL, currently residing in Enola, Pennsylvania; PATRICK K. DAVIS, currently residing in Chapel Hill, North Carolina; and MELANIE A. PIKE, currently residing in Sodus, New York. If any of my children should predecease me without leaving issue, then I will, devise and bequeath such deceased child's share in equal shares to the surviving children. If a child of mine should die leaving issue, then the said issue of any deceased child shall receive the part that the parent would have received, per stirpes. ITEM IV I hereby constitute and appoint my wife, LEONA B. DAVIS, as the Executrix of this my Last Will and Testament, but in the event she shall predecease me, or die within thirty (30) Page Two (2) of the Last Will and Testament of CURTIS G. DAVIS, Consisting of Fou (4) Pages. ~ , ~z°r~-~ ~ ! : ~-~t~; CURTIS G. DAVIS ,~ ~ ~ ~ ~ :~ ' ~ days of my death, or be unwilling or unable for any reason to serve m such capacity, then and in that event, I appoint my son, PATRICK K. DAVIS, and my two daughters, KAREN L. NEWSTEAD and FAITH A. TRINKL as Alternate Co-Executors hereunder, and I do hereby give and grant to my Executrix and Alternate Co-Executors, full power and authority to sell any property, both real and personal, or to do any act which they shall deem reasonably necessary for the proper administration of my estate. Pursuant to the provisions of North Carolina General Statutes, § 284-13-6, I specifically provide and direct that only the concurrence or agreement of any two of my three named Alternate Co-Executors shall be required or necessary for the transaction of any of the business or affairs of the administration of my estate. Without in any way limiting the generality of the foregoing and subject to the North Carolina General Statutes, Section 32-26, I hereby further grant to my Executrix and Alternate Co-Executors hereunder all the powers set forth in North Carolina General Statutes, Section 32-27, and these powers are hereby incorporated by reference and made a part of this instrument and such powers are intended to be in addition to and not in substitution of the powers conferred by law. I direct that no bond be required of LEONA B. DAVIS or PATRICK K. DAVIS, KAREN L. NEWSTEAD, and FAITH A. TRINKL, as Executrix or Alternate Co-Executors hereunder. ~- I, CURTIS G. DAVIS, the Testator, sign my name to this instrument this the _ day of ~: ~ -^~~- ~`', 2004, and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my last Will and Testament and that I sign it willingly, that I execute it as my free and voluntary act for the purposes therein expressed, and that I am eighteen years of age or older, of sound mind and under no constraint or undue infh!ence. f~ '. ;~ ! Z (SEAL) URTIS G. DAVIS Page Three (3) of the Last Will and Testament of CURTIS G. DAVIS, Consisting of Four (4) Pages. x~~t~¢~,~ n •. ,. au~A;'S~.~'.r~,A.¢e..,.e ~3*..8,.~~r1.«. Sderuis.~. i ... . ~, and l~_-~;.,, r~ ? ~ `•o-.~ ~ the witnesses, sign our names to this instrument, and being first duly sworn, do hereby declare to the undersigned authority that the Testator signs and executes this instrument as his Last Will and that he signs it willingly, and that each of us, in the presence and hearing of the Testator hereby signs this Last Will as witness to the Testator signing and that to the best of our knowledge the Testator is eighteen years of age or older, of sound mind and under no constraint or undue influence. residing at 7 lG ~1'rNa''W!'nJ 1~?~+Jl= ,~ residing at ~jl~< `~f'G~.fi~.._.'..bL~~-.~%f _ ~ NORTH CAROLINA ALAMANCE COUNTY Subscribed, Sworn To and Acknowledged before me by CURTIS G. DAVIS, the Testator, and subscribed and sworn to before me by ~ \ . ~ f-rv,~ ~~\c`. ss~ct; ~ and ~e c,.-. ,~\ ~~~ p'~'~,~.:r ~ ,the witnesses, this ~ day of ~~;+ ~, ` , 2004. Notary Pub'(ic'~ My Commission Expires: ~~ c'1 ~='~- Nancy Cn~ oa>~ htotary pubii:- ~:~. Page Four (4) of the Last Will and Testament of CURTIS G. DAVIS, Co/ns/i,,s~ng of FLou/fir ~4) Pa es. CURTIS G. DAVIS NOTICE OF INHERITANCE TAX Pennsylvania APPRAISEMENT, ALLOWANCE OR DISALLOWANCE DEPARTMENT OF REVENUE ~.1~ BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION OF DEDUCTIONS AND ASSESSMENT OF TAX REV-1547 IX AFP (12-1D) PU BOX 280601 HARRISBURG PA 17128-0601 DATE 12-20-2010 ESTATE OF DAM S CURTIS G DATE DF DEATH 06-07-2009 FILE NUMBER 21 D9-0667 COUNTY CUMBERLAND ANTHONY C GULOTTA ACN 101 AG TAX LAW APPEAL DATE: 02-18-2D11 (See reverse side under Objections) 1110 N MOUNTAIN RD HBG PA 17112 Amount Remitted MAKE CHECK PAYABLE AND REMIT PAYMENT T0: REGISTER OF WILLS 1 COURTHOUSE SQUARE CARLISLE PA 17013 CUT ALONG THIS LINE ~'~- RETAIN LOWER PORTION FOR YOUR RECORDS !- -------------------------------------------------------- --------------- REV-1547 EX AFP C12-10~ NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX ESTATE OF: DAM S CURTIS GFILE N0.:21 09-0667 ACN: 101 ----------------- OR DATE: 12-20-2010 TAX RETURN WAS: (X) ACCEPTED AS FILED C ) CHANGED APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Real Estate (Schedule A) (1) .00 NOTE: To ensure proper (2) .00 credit to your account, 2. Stocks and Bonds (Schedule B) submit th• upper portion 3. Closely Held Stock/Partnership Interest (Schedule C) C3) .00 of this form with your 4. Mortgages/Notes Receivable (Schedule D) C4) •00 tax payment. 5. Cash/Bank Deposits/Misc. Personal Property (Schedule E) C5] 265,614.01 6. Joinlly Owned Property (Schedule F) (6) .00 7. Transfers (Schedule G) (7) .00 e. Total Assets (e) 265,614.01 APPROV ED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H) (9) 6.18 4.88 10. Debts/Mortgage Liabilities/Liens (Schedule I) C10) 31.35 4.13 (11) 37,539.01 11. Total Deductions (12) 228,075.00 12. Net Value of Tax Return 13. Charitable/Governmental Bequests; Non-elected 9113 Trusts (Schedule J) (13) .00 14. Net Value of Estate Subiect to Tax C14) 228,075.00 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. ASSESS MENT OF TAX: 15. Amount of Line 14 at Spousal rate C15) .00 X 00 = .OD 16. Amount of Lino 14 taxable at Lineal/Class A rate C16) 22g.n7G_Dn x 045 10,263.38 17. Amount of Line 14 at Sibling rate (17) _[ID X 12 ' .00 18. Amount of Line 14 taxable at Collateral/Class B rate C18) .DO X 15 = .00 19. Principal Tax Due (19 )= 10,263.38 TAY CQ FOTTRe PAYMENT DATE RECEIPT NUMBER DISCOUNT (+) INTEREST/PEN PALD (-) AMOUNT PAID 08-25-2009 CD011669 513.17 13,000.00 TOTAL TAX PAYMENT 13,513.17 BALANCE OF TAX DUE 3,249.79CR INTEREST AND PEN. .00 TOTAL DUE 3,249.79CR * IF PAID AFTER DATE INDICATED, SEE REVERSE LF TOTAL DUE IS REFLECTED AS A "CREDIT" CCR), YOU MAY BE DUE FOR CALCULATION OF ADDITIONAL INTEREST. A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS. RESERVATION: Estates of decedents dvin9 on or before Dec. 12, 1982 -- if anv future interest in the estate is transferred in possession or enjoywent to Class B (Collateral) beneficiaries of the decadent attar the expiration of arty estate for life or for years, the Cowwonwealth hereby expressly reserves the right to appraise and assess transfer Inheritance Texas at the lawful Class B (collateral) rate on env such future interest. PURPOSE OF NOTICE: To fulfill the requirewents of Section 2140 of the Inheritance and Estate Tax Act, Act 23 of 2000. C72 P.S. Section 9140). PAYMENT: Detach the top portion of this notice and subwit with your paywent to the Register of Wills printed on the reverse side. --Make check or honey order payable to: REGISTER OF WILLS, AGENT. failure to pay the tax, interest, and penal tv due way result in the filing of a lien of record in the appropriate county, or the issuance of an Orphan's Court citation. REFUND CCR): A refund of a tax credit, which was not requested on the Tax Return, way be requested by cowoleting an "Application for Refund of Penn svlvanie Inheritance and Estate tax" (REY-1313). Applications are available frow the deoartwent's web site at www.revenue.stat e. pa.us, env Register of Wills or Revenue District Office, or frow the departwent's 24-hour enswerine service: 1-800-362-2050; services for taxpayers with special hearing and/or speaking needs: 1-BDD-447-3020 (TT only). OBJECTIONS: Any party in interest not satisfied with the appreiswent, allowance or disallowance of deductions or assesswent of tax (including discount or interest) as shown on this notice way object within 60 days of the data of receipt of this notice by A) Protest to the PA Oepart.ent of Revenue, Board of Appeals, by filing a protest online at ww.boardofappeals.state.oa.us on or before the 60 day appeal period expires. In order for an a ee ronle pro es o e valid, you roust reeei ve a conf irwation nuwber and processed date frow the Board of Appeals web site. You way also send a written protest to PA Oepa rYwent of Revenue, Boartl of Appeals P.0. Bex 281021, Harrisburg. PA 17128-1021. Petitions way not be faxed: or B) Have the wetter deterwined at the audit of the personal representative's account: or ADMIN- C) Appeal to the Orphans' Court. ISTRATIYE CORRECTIONS: Factual errors discovered on this assesswent should be addressed in writing to: PA Departwant of Revenue, Bureau of Individual Taxes, ATTN: Post Assesswent Review Unit, P.0. Box 280601. Harrisbu re. PA 17128-0601 or call C737) 787.6505. Sea Page 4 of "Instructions for Inheritance lax Return for a Resident Oece dent" (REV-1501) for an explanation of adwinistratively correctable errors. DISCOUNT: If any tax due is paid within three calendar wonths after the decedent's death, a five percent discount of the tax Daid is allowed. PENALTY: The 15 vercent tax awnesty non-participation penalty is cowputed on the total of the tax and interest assessed and hat paid before Jan. 18, 1996, the first day after the end of the tax awnesty period. This non-participation Denelty is appealable in the sane wanner antl fn the the save tiwe period as you would appeal the tax and interest that has been assessetl as intlicated on this notice. INTEREST: Interest is chargetl beginning with first day of delinquency, or nine wonths antl one day frow the data of tleath, to the tlate of paywent. Taxes which becawe delinquent before Jan. 1, 1982, bear interest at the rate of six percent per annuw calculated at a daily rate of 0.000164. All texas which becawe delinquent on and after Jan. 1, 1982, will bear interest at a rate which varies frow year to year with the rate announced by the PA Departwant of Revenue. Rates for 1982 through 1999 can be found in the Pennsvlvania Resident Instruction Booklet CRLY-1501), the Pennsvlvania Non-resident Instruction Booklet CREV-1736) or on the Departwant of Revenue Web site www.reyenu9.state.pa.us. The applicable interest rates for Years 2000 through 2011 are: Interest Daily Interest Daily Interest Daily Year Rate Factor Year Rate Factor Vear Rate FacYOr 2000 BY. .000219 2001 9Y. .000247 2002 6Y. .000164 2003 5X .000137 2004 4% .000110 2005 5Y. .000137 2006 7X .000192 2007 8X .000219 2008 7Y. .000192 2009 5Y. .000137 2010 4x .000110 2011 3Y, .000082 --Interest is calculatetl as Follows: INTEREST = BALANCE OF TAX UNPAID X NUMBER OF DAYS DELINQUENT X DAILY INTEREST FACTOR 15 days --Any notice issued after the tax becowas delinquent will reflect an interest calculation to on the beyond the date of the assessment. If paywent is wade after the interest cowputation date shown ' notice, additional interest roust be calculated.