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HomeMy WebLinkAbout04-0662July 27, 2004 Ms. Glenda F. Strausbaugh Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 '04 JUL 28 P12:58 SINCE 1888 3211 North Front Street EO. Box 5300 Harrisburg, PA 17110-0300 717-238-8187 Fax: 717-234-9478 Other Offices Colonial Park Mechanicsburg 717-652-7020 717-691-5577 Millersburg Shippensburg 717-692-5810 717-530-7515 Re: Estate of Clyde F. Dunkle Dear Ms. Strausbaugh: I ask that you issue six (6) Short Certificates regarding the above-referenced estate. Enclosed is a check in the amount of $18 for this service. Please send five (5) of the Short Certificates to the Administratrix in the envelope provided and send one (1) Short Certificate and the receipt for the $18 to me in the envelope provided. Thank you for your prompt attention to this matter. Should you need any further information, please give me a call. Very truly yours, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. JLH/amm Enclosures cc: Sandra J. Couch 309352-1 James E Carl Edward E. Knauss, IV* Jered L. Hock Steven P. Miner Clark DeVere Milton Bernstein Bruce J. Warshawsky Francis J. Laffert3 IV David H. Martineau Andrew W. Norfleet Andrew C. Spears Young-Suh Koo * Board Certified in civil trial law and advocacy by the National Board of Trial Advocacy Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of also known as Clyde F. Dunkle , Deceased Social Security No. 182-14-1549 (COMPLETE "A" OR "B" BELOW:) A. Probate and Grant of Letters and aver that Petitioner(s) is/are the execut ~'~ Decedent, dated and codicil(s) dated named in the Last Will of the Except as follows, Decedent did not roarry, was not divorced, and did not have a child bore or adopted after execution of the documents offered for probate; was not the victim of a killing and was never adjudicated Inceropetant: B. Grant of Letters of Administration Petitioner(a) after a proper search has/.k, cvc ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: I Naroe Relationship Residence Sandra J. Couch Niece 316 Walnut Dale Rd.; Shippensburg, PA 17257 Richard Dunkle Brother Water Street; McVeytown, PA 17051 Ead M. Dunkle Brother R.D. 1, Box 327; Mount Union, PA 17066 Linda Rangel Niece Sand Pebble Village Apartments; 4480 Sirius Rd., #331; Las Vegas, NV 89102 Frank A. Couch Nephew 124 Forest Ddva; Mars, PA 16046 (COMPLETE IN ALL CASES:) Attach additional sheets if n~.~¥. *NOTE: Decedent was not survived by Issue. In addition, his spouse, Sylvia R. Dunkle, died In t990. Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence at 316 Walnut Dale Road. ShieDensburq Post Office, Southampton Township Cat street mm',be~ and murldpality) Decedent, then _~J~_ years of age, died May 11 , 20 0~4, at 316 Walnut Dale Road, ShioDensbum. Southampton Twp, Cumberland Cb/ Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 150.000.00 (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 $ 40.000.00 $ 190.000.00 Real Estate situated as follows: 316 Walnut Dale Road, Shleoansbur(3 Post Office, Southarooton Township. Cumberland Count,/, Pennsylvania Whereforff.; Petitioner(a) respectfully request(s) the probate of the last Will and Codi~l(s~.~, esented with this Petition and the grant of letters in the appropriate form ~o the undersigned: "'! t: i?[ ~d o~P~i~nted name and residence Sandra J. Couch; 316 Walnut Dale Road; Shippensburg, PA 17257 307608-I Oath of Personal Representative Commonwealth of Pennsylvania County of Cumberland 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 knowledge 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 ~L.,~ day of ~o 20 04 DECREE OF REGISTER Estate of Clyde F. Dunkle , Deceased No. also known as Social Security No: Date of Death: May 11,2004 AND NOW, ~r~ I~- , 20 04 , in consideration of the Petition on the reverse side herO,Ion, sa~sfactory proof having been presented before me, IT IS DECREED that Letters Testamentary X of Administration are hereby granted to Sandra J. Couch in the above estate and that the instrument(s), if any, dated N/A described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES Letters ........................... Short Certificate(s) .......... Renunciation .................. Affidavit ( ) .................$ Extra Pages ( ) ............ $. Codicil .......................... $. JCP Fee ........................ $ ._L~ Inventory & Tax Forms... $. Other ............................ $ TOTAL ................ $.20. oo ~ Register of Wills ~/~~ ~ Attorney: Jered L. Hock, Esquire I.D. No: 19211 Address: 3211 North Front Street PO Box 5300; Hardsburq, PA 17110-0300 Telephone: (717) 238-8187 DATE FILED: "-I - II.,L 307608-1 r (iI,o,~ ~ ~l :'~~~'~j) @(rnba jf arnrr ~tra5baulJlJ l\rglstrr of Wtlls ilnll ([lrrk of tbr \!t}rpbilns' ([ourt ([ountv of \ClIIl1brrlilnll One Courthouse Square Carlisle. PA 17013-33g7 O~ - ~ li :A ~ ".:'-~ i..~~ii~~~~=~=~~~l.i~~ ~. /, I )/ v D{' ,! ,! 1/111 r 11/1111//111 7 II ~ (I 5 L J [10 [J 12 4 ; t. '1 I ^i'" ) :i II Frank A. Couch 124 Forest Drive Me...... "A "'e-^A~ ~.... II :J INSUF' I' :tN. ADDRESS yJl ( )c :J ATTEMP'ED NOT KNOWN 0 OTHER \---- f: 5 ~g1s~ftIVN~~~t~&;.lE[T EKrM . .........lE 10 FO~,~: . (, c 12t r I- ~ ., "2 mm.~.i , ., \ ,I \ .. Ii mtUtmmU.L.\.I.I.U.lJ.lI.\.i.t r', l ,."'lo...../ol-..LI. r--. . - - - - - - ;:,-oallOO J.V 0'10:1 ~sS:r;aaV-N;;W: i'Hi:JO - - - - - - - - ,Ul!lllj 3H.l O.L 3d013^N3 ~O dO.L.LV ll3>I:lUS 3:lY1d SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: A. Signature B. Received by ( Printed Name) D Agent D Addressee C. Date of Delivery x D. Is delivery address different from item 1? DYes If YES, enter delivery address below: D No Frank A. Couch ] 24 Forest Drive Mars, PA 16046 3. S ice Type Certified Mail D Registered D Insured Mail D Express Mail D Return Receipt for Merchandise DC.O.D. 4. Restricted Delivery? (Extra Fee) DYes 2. Article Number 7004 2510 0003 1244 5064 102S9S-Q2.M.1540 ; RENUNCIATION In Re Estate of To the Register of Wills of Clyde. F. DLJnkle Cumh~.dand , deceased. County, Pennsylvania. The undersigned, Earl M. Dunkle hroth~.r , of (Relationship) (Capacity) the above decedent, hereby renounce(s) the right to administer the estate and respectfully ask(s) that Letters of Administration be issued to Sandra .I. cou -.h Witness my hand this ,, ,),,..) day of ,,._ ~l I YtJL~ ,20 04. (Signature) Earl M. Dunkle R.D 1. P.O. Box 327: MoHnt Union PA 17066 (Address) (Signature) (Address) (Signature) (Address) Swom to or affij~e~d and subscribed before me thi,~'."~(~~' ¢.of /'"-~--'~¢(~1~-' ') ,20~. ~ Co~mission Ex~ ~~ In Re Estate of To the Register of Wills of RENUNCIATION Clyde. F. Dunkle Cumh~.rland , deceased. County, Pennsylvania. The undersigned, Linda RangeL niece. , of (Relationship) (Capacity) the above decedent, hereby renounce(s) the right to administer the estate and respectfully ask(s) that Letters of Administration be issued to Sandra .J Couch Witness my hand this ~O~--" day of. ~'~'""~-' ,20, 04 · Sworn ~ or affirmed and subscribed before se this"~ O'~-~ day of . ~/~ ,20~/. Notary Public My Commission Expires: (Signature) U- Linda Rangel, Sand Pebble Village Apartments; 4480 Sirius Road, No. 331; Las V~._oa.~ NV ~9102 (Signature) ~ (Address) (Signaturo) (Address) MICHAEL R, BODAK NOTARY PUBLIC STATE OF NEVADA r r, pT. NO. 94-3084-1 r..,, _: ,.;XP~RES JULY 7, 2006 RENUNCIATION In Re Estate of To the Register of Wills of Clyde F. Dunkle Cumberland , deceased. County, Pennsylvania. The undersigned, Frank A. Couch. nephew , of (Relationship) (Capacity) the above decedent, hereby renounce(s) the right to administer the estate and respectfully ask(s) that Letters of Administrmion be issued to Sandm J. CoHc. h Witness my hand this day of ., 20 04 . Frank A. Couch 124 Forest Drive: Mnrs. PA 16046 (Address) (Signature) (Address) (Signature) (Address) Swom to or affirmed and subscribed me this ~,~. dayof ~ ~ ~/I ,2o0 . My Commission Ex, ires: /~- NOTARiAl'SEAL DAWN M. SHUGHAR~ C:arli$/e, CUmber/and County 307610-1 In Re Estate of To the Register of Wills of RENUNCIATION Clyde F. Dunkle ,deceased. Cumberland County, Pennsylvania. The undersigned, Richard Dunkle brother , of (Relationship) (Capacity) the above decedent, hereby renounce(s) the right to administer the estate and respectfully ask(s) that Letters of Administratiarl be issued to Sandra J. C~uch Witness my hand this .:~day of "--J ~"-~--- ,20 04 . · - (~gr~¥e) Richard Dunkle Water Street: McVeytown PA 17051 (Address) (Signature) (Address) (Signature) (Address) his is to certify that this is a true copy of the record which is on file in the Pennsylvania Division of Vital Records in accordance with Act 66, P.L. 304, approved by the General Assembly, June 29, 1953. WARNING: It is illegal to duplicate this copy by photostat or photograph. 0485045 No. #29-258 COMMONWEALTH OF PENNSYLVANIA ', DEPARTMENT OF HEALTH · VITAL RECORDS CERTIFICATE OF DEATH (Coroner) Clyde 81 Cumberland F Dunkle Male 182-14-1549 4. May 11, 2004 Jm~e 12,1922 Moun~ Union c~[~ ~'~[~ "~"~X ~)~q Southampton 316 Walnut Dale Road ""~"'"~"~'~: 1'9. ~tte Dunkle Annie ~ ~ [] 2004 Gardens PA 2:00 P.. May 11, 2004 Metastatic Brain Cancer May 18, 2004 6375 Basehore Road, Suite #1 Mech.ntv~hurg, Pa. 17050 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG, PA 17128-0601 RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT NO. REV-1162 EX(11-96) CD 004249 COUCH SANDRA J 316 WALNUT DALE ROAD SHIPPENSBURG, PA 17257 fold ESTATE INFORMATION: SSN: 182-14-1549 FILE NUMBER: 2104-0662 DECEDENT NAME: DUNKLE CLYDE F DATE OF PAYMENT: 08/09/2004 POSTMARK DATE: 08/09/2004 COUNTY: CUMBERLAND DATE OF DEATH: 05/1 1/2004 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 $22,800.00 REMARKS: M &TBANK .... C/O SANDRA J COUCH CHECK# 288298448-1 SEAL TOTAL AMOUNT PAID' $22,800.00 INITIALS' SK RECEIVED BY: GLENDA FARNER STRASBAUGH REGISTER OF WILLS REGISTER OF WILLS Cumberland County - Register Of Wills Hanover and High Street Carlisle, PA 17013 Phone: (717)240-6345 Date: 10/05/2004 HOCK JERED L ESQ P 0 BOX 5300 3211 NORTH FRONT STREET HARRISBURG, PA 17110 RE: Estate of DUNKLE CLYDE F File Number: 2004-00662 Dear Sir/Madam: It has come to my attention that you have not filed the Certification of Notice Under Rule 5.7 (a) 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 ten (10) days after giving proper notice to the beneficiaries and intestate heirs as required by subdivision (a) of Rule 5.7, shall file with the Register of Wills or Clerk of the Orphans' Court his/her Certification of Notice. This filing will become delinquent on 10/24/2004 Your prompt attention to this matter will be appreciated. Thank You. cc: File Personal Representative(s) Judge Sincerely, GLENDA FARNER S~ Clerk of the Orphans' Court Cumberland County - Register Of Wills Hanover and High Street Carlisle, PA 17013 Phone: (717)240-6345 Date: 10/05/2004 COUCH SANDP~A J 316 WALNUT DALE ROAD SHIPPENSBURG, PA 17257 RE: Estate of DUNKLE CLYDE F File Number: 2004-00662 Dear Sir/Madam: It has come to my attention that you have not filed the Certification of Notice Under Rule 5.7 (a) 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 ten (10) days after giving proper notice to the beneficiaries and intestate heirs as required by subdivision (a) of Rule 5.7, shall file with the Register of Wills or Clerk of the Orphans' Court his/her Certification of Notice. This filing will become delinquent on 10/24/2004 Your prompt attention to this matter will be appreciated. Thank You. cc: File Counsel Judge GLENDA FARNER STP~ASBAUGH Clerk of the Orphans' Court Name of Decedent: Clvde F. Dunkl~ Date of Death: .05/1112004 Register of Wills of Cumberland County _CERTIFICATION OF NOTICE UNDER RULE 5.6(a) Will No. Admin. No. 2004-00662 To the Register: I certify that notice of (beneficial interest) estate administration required by Rule 5.6(a) of the Orphan's Court Rules was served on or mailed to the following beneficiaries of the above-captioned estate on (')c_,J,,~¢ ¢ i ~. ~o(~ : Name. Address Richard Dunkle Earl M. Dunkle Linda Rangel Frank A. Couch Water Street R.D. 1, Box 327 4480 Sirius Road, Apartment 331 124 Forest Drive PA 17051 PA 17066 NV 89102 PA 16046 Notice has now been given to all persons entitled thereto under Rule 5.6(a) except:. N/A Date:. Oc. ,£ d : Capacity: Name: Jered L. Hock. Esauire Address: 3211 N. Front St.. PO Box 5300 Harrisburq PA 17110-0300 Telephone(717) 238- 8187 X Personal Representative Counsel for Personal Representative Clyde F. Dunkle Names and addresses Continuation of Certification of Notice Under Rule 5.6(a) Page I 05/11/2004 Name Sandra J, Couch Address 316 Walnut Dale Road PA 17257 '{Ill.. A~J1) 'T':-I~ST:ER~~EHm ]'\V DOCTOR3 CAVE ME NEWS THAT DON'T MAK8 ME HAPPY. THEY r:LAIM THSY FAILSD TO REI10V:;; ALL CANCB~R FROM MY SHOlTLDRR. I AM REFUSmG RADIA'l'ION. DOr:TORS HAVE NOT MUCH SUCCESS WITH THAT THERAPY. I HOPE I AM NOT ON MY '.IAY OUT. IF SOMETHING 1,0ULD 11APPEN TO ME I WANT MY BROT]{[i;R EARl, DUNKLE AND MY SISTER BETTY COUCH'S CHILDREN - SANDRA - FRANK - AND LINDA TO SHARE EQUALLY MY HOLDINGS. MY HOLDINGS ARE SEVERAL BANK ACCOUNTS AND CERTIF'CATES OF DEPOSIT, GOVERNMENT BONDS, GRAND PRIX AUTOMOBILE, ONE LOT, HOUSEHOLD CONTENT, COINS AND FOUR CATS. FRED RAMSEY AND MYSELF SHARE THE HOUSE AND A LOT AT 316 '1IALNUT DALE ROAD. 1 ONN THE TRAILER AND GARDEN TOOLS, SOME SEEDS AND GUNS STORED INSIDE, POCKETKNIFES TOO. MY TULIPS COIlE UP IN APRIL. A FElli ARE DEEP PURPLE. THERE ARE SEVERAL JAPANESE C]{[i;RRY TREES. THEY DO NOT PRODUCE CHERRIES. PAVON IS BURIED BETWEEN THE HOLLY TREES. HER HOUSE IS STILL OUT BACK. GIVE IT TO SOMEONE '1IITH A DOG. MY CATS EAT DAD'D DOG FOOD THEY LIKE IT BETTER THAN CAT FOOD. THERE ARE T,IO CALICO FEMALES, ONE GRAY MALE WITH FOUR '!/HITE FEET, AND A LONG HAIRED BLACK MALE. BETTY'S KIDS WILL LIKE THEM. I WILL PUT THEM IN CHARGE OF MAKING SURE THE CATS ARE FED AND CARED FOR. 'WHEN SALLY DIED WE HAD JOINT BURIAL SPACES. I EXPECT TO BE BURIED NEXT TO HER. I HAVE LIFE INSURANCE \HTH SKF.. VF', SHOULD PAYOUT TOO. I I,ANT EARL TO GIVE FRED RANSEY MY SATELLITE DISHES AND MY KEROSUN HEATERS. I AM INVOLVED WITH THE SENIOR CITIZEN CENTER 011 FAYETTE STREET IN SHIPPENSBURG. EARL CAN USE HIS DISCREETION AND MAKE AN APROPRIATE DONATION TO THE SENIOR CENTER. I SEE EARL AND SANDRA OFTEN THEY SEEM TO CARE ABOUT ME. I'LL LET THEM TAKE CARE OF ANY BILLS THAT NEED PAID. I HAVE SEVERAL INTERESTING BOOKS ON BEN FRANKLIN. I WAS NAMED FOR HIM , CLYDE FRANKLIN DUNKLE. THE HOUSE AND LOTS ARE LONG PAID OFF. I HAVE A HALF BROT]{[i;'IR RICHARD DUNKLE. I HAVE NOT SPOKEN 'lITH HIM FOR MANY YEARS. I DID NOT LPAVE: ANYTHING FOR HI]\! - IF EARL ',ANTS TO GIVE RICHARD I'Y CAR THAT IS OKAY BY rm. I 'IILL LiCAVE TIE DECESION AB01lT THE CAR UP TO SAm,. jlICHARD IS A FELLOiil ',/HO USES HIS FISTS TO SETTLE MATTERS EVEN '.ITH OUR MOT]{[i;R. mJ SURE AND NOT GIVE HHl THE GUNS OR POCKETKNIVES. SO THAT IS IT. IWILL CONTINUE JlI) ENJOY MY OUTINGS TO THE SENIOR CENTER AND THE CASINO TRIPS. MY CAT HAS JU11PED ON THE TABLE SF..AKING ATTENTION. I WILL GO AND FEED HIM. BEST WISHES TO ALL. '.:'"' ':', JUNE 12, 200J I AM OF SOUND MIND AND HOPEFULLY OF SOUND BODY r: el(}1) I ~.,,\\JeC ::. \"r r ~<' -. . , Register of Wills of Cumberland County , OATH OF NON-SUBSCRIBING WITNESS Estate of C I y ck . F .])cul1JI ~ , No. gz 1- 0 Lf - (p(o 'L Also known as , Deceased ~v-ej L, ~c..tL (each) a subscriber hereto, (each) being duly qualified according to1"!w, depose(s) and say(s) that hi: familiar with the signature of C ( V ~ P D iAA1Ilde ,testatO'C of (one of the I - subscribing witnesses to) the codicil/will presented herewith and that _ believelbelieves the signature on the codicil/will is in the handwriting of C /yJe. P J)u.-vk.../ -e to the best of h ir knowledge and belief. ' Sworn to or affirmed and subscribed Before me this ~ day of \\\(Ud1 ,20J;i2 {,Jcc1 L ~~o~ ---tName)::p 0 S 3. 00 1-/~,yr;s. b~Y?i .f 4 /1//0- 0300 (Address) a (Name) ) (Address) , " -1,;" Glenda Farner Strasbaugh Register of Wills and Clerk of Orphans' Court Marjorie A. Wevodau First Deputy Kirk S. Sohonage, Esq Solicitor Register of Wills and Clerk of the Orphans' Court County of Cumberland One Courthouse Square Carlisle, PA 17013 (717) 240-6345 FAX (717)240-7797 INVOICE Bill To: InvoiceNo: Invoice Date: Estate of: Estate No: 290 4/6/2005 avde F. Dunkle 04- 662 JERED L. HOCK, ESQ, 3211 NORTIIFRONTST P.o. BOX 5300 HARRISBURG, PA 171100300 MW Qty 2 Fee Description Short Certificates Fee 4,00 Total $8,00 Total: $8,00 Checks should be made payable to the Register of Wills, Terms: Net 30, Please return one copy of this invoice with your payment, Thank you, Glenda Farner Strasbaugh Register of Wills and Clerk of Orphans' Court Marjorie A. Wevodau First Deputy Kirk S. Sohonage, Esq Solicitor Register of Wills and Clerk of the Orphans' Court County of Cumberland One Courthouse Square Carlisle, PA 17013 (717) 240-6345 FAX (717)240-7797 INVOICE Bill To: InvoiceNo: Invoice Date: Estate of: Estate No: 290 4/6/2005 Gvde F. Dunkle 04-662 JERED 1. HOCK, ESQ. 3211 NORTHFRONTST P.O. BOX 5300 HARRISBURG, P A 171100300 MW Qty 2 Fee Description Short Certificates Fee Total 4.00 $8.00 Total: $8.00 'Pol V 30100~ ~ __.',_J (f", o,ecks should be made payable to the Register of Wills. Terms: Net 30. Please rerum one copy of this invoice with your payment. Thank you. " :. ,~ {' /1 " " i f f:l'~~ 2 $. ~ ~ ;' \' 'J~" ! '/P ~ ", I ~,'t J'" I \ ~ ll,}; ;' 9--~ ..-1' ~ '~i.>, c: ~J r'-~---'~/ /"" --t",.,. ~'(" jr:,. II ,~. f"- '.J;"" \. ,. I \\// / <l.l '" ;:l i1 ~ ~ 8 M ~ 0 g.", E S CZl- U')~ovR ~~u~- ~4-<"O.2<c ]~]1:lQ.., G~]8~~ ,'6b S <l.l ~ ~dl88a " - '3 0- '" W -'" g I -i '0 " - " -, '" '" '" 9 '" .., .., h '" .., 80-< "'0"" .sf2~ 5 ~.E z~ .;a ~O~ ~a..;:r: Ol " ~ ell I ;:; !jg I~ ~ - - - - .- ~ - .- ::: - - .- .-:: - '- - (..f m ,:.) (,) I (,) ."< (;) 1"" '"< '. \ \ r / \ / !' J '.v' v V MITLCll~ WICKmSliMvl - April 14, 2005 SINCE 1888 3211 North Front Street PO. Box 5300 Harrisburg, FA 17110-0300 717-238-8187 Fax: 717-234-9478 M8. Glenda F. Strasbaugh Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 Other Offices Colonial Park Lancaster 717-652-7020 717-431-0138 Mechanicsburg Millersburg 717-691-5577 717-692-5810 Shippensburg York 717-530-7515 717-843-0502 Re: Estate of Clyde F. Dunkle Admin. No. 2004-00662 Dear Ms. Strasbaugh: Provided herewith is the official check ofM&T Bank in the amount of$II,993.08 for payment toward projected inheritance tax. Previously, according to information received from the Personal Representative, the sum of $22,800 was paid within three months of the date of death, thereby crediting the Estate with $23,999.96, when the 5 percent early payment factor was included. Kindly provide me with a receipt at your earliest convenience. Thank you. Very truly yours, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. JLHlamm Enclosure cc: Sandra J. Couch James F. Carl Edward E. Knauss, IV" Jered 1. Hock Steven P. Miner Clark DeVere Francis J. Lafferty, IV David H. Martineau Andrew W. Norfleet 325601.1 Andrew C. Spears * Board Certified in cipil trial law and advocacy by the National Board of Trial Advocacy COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG, PA 17128.0601 REV-1162 EX(11-96) RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT HOCK JERED l ESQ POBOX 5300 3211 NORTH FRONT STREET HARRISBURG, PA 17110 nn_n_ tQld ESTATE INFORMATION: SSN: 182-14-1549 FILE NUMBER: 2104-0662 DECEDENT NAME: DUNKLE CLYDE F DATE OF PAYMENT: 04/15/2005 POSTMARK DATE: 04/14/2005 COUNTY: CUMBERLAND DATE OF DEATH: 05/11/2004 NO. CD 005204 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 I $11,993.08 I I I I I I I I TOTAL AMOUNT PAID: REMARKS: CHECK# 288538129-8 SEAL INITIALS: JA RECEIVED BY: REGISTER OF WILLS $11,993.08 GLENDA FARNER STRASBAUGH REGISTER OF WillS f..r. ....\ .., '., t..I' (,J .~. .', '.. .', I~t, 1... ~:~ ~~~ ~:::, " el\\ ~ ). '--". "0 \J1:,::;,- '"' ;: ~ " I" 1\:1 ......... ~ \ '^ ' r:..~ T' t'-. "'~ \ - <;. 't--I:> "-..\1'\ ~ 1\ ~ ,,~ ~ "'-l' '0 ......... W '" '" \,0 [ """ :::::; - - - :::- == - :::-" """ ::- - - - ::::::: :::- "),. ~ P--.. il''81 $'i1~ '$. ;;' ~-J pS!,.... '" Co > 0 - = @ ~ b ~ ~ 1'1\ 11( &- ")'^' .~ :' -;r. ;: 0 ~,...t !\ :\ BEFORE THE REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF CLYDE F. DUNKLE, DECEASED NO 21-04-0662 ORDER OF TIlE REGISTER OF WILLS AND NOW, this 1st day of April, 2005, Letters Testamentary in the Estate ofthe above-named decedent having been granted on July 14,2004 to Sandra J. Couch in the Estate of the above-named Decedent, and the instrument dated June 12,2003, having been admitted to probate as a discovered Will of the above- named Decedent, it is hereby ordered that the Letters of Administration previously granted are hereby revoked and Letter of Administration c.I.a. are granted. Glenda Farner Strasbau Register of Wills CC: Jered L. Hock, Esquire ~',.""l ',-," C,0 -. Register of Wills of Cumberland County OATH OF NON-SUBSCRIBING WITNESS Estate of CJl\de r \)tu,~\e \ No. Also known as , Deceased "1(_05 e \i\ 1 )(P \ \ (each) a subscriber hereto, (each) being duly qualified according to law, depose(s) and say(s) that .s ~.. I 'S> familiar with the signature of . \ a f' Ie ,testat..QL of (one of the subscribing witnesses to) the codicillwiIl presented her with and that _ believe/believes the signature on the codicillwiIl is in the handwriting of C \ ~l f.. F f) l, " ~ I"" to the best of ~-eV knowledge and belief. Sworn to or affirmed and subscribed Before me this J day of ..AtR I L ,20...Q.5.... )uutCJ1LFiWLu\$;Q~cf- Register fUvm ~ Deputy ..'J ~il JJ~lC (N me) 3/9 trJaJ:liL/JJJf; J:;i" . 7 (Address):;J;k, .'/.tJA Ji,J ~.J4. . I~ -7 '('1- (J / -Vj (Name) c--) t,,",\.1 (Address) , , ' 1'- It) -0 r / ) i l r:- :J / ~ TC:"IL 0;:: Vv ~ I- L c /) J/l/ 1 ;/7_,' " ) /' ' cL, ~/L"Ed c' .j <- / -- ~' !//V7 C/r/! '--A IV / A '/-~' ' d C- OC///C-,./ V, ' fJ "vi /" LJ , /) rjV;t/s i/V/I'L//;t c" vvnO/fi2 Etc.' ,y- I , 7& IT -11. j ,A ( c.4 {,' x./c-?,It /(/ , ' .~ .. ~-- J _ /u/1J / /LA ?'""" Ed (tUTo " Sf~'/u/{)Vc "" \0/ _ f ' "". ./ /1 ,;fOfi-..,,\ of 12/",v~J!/C//JIldU !/fj /),," I c', Ie. EJ /I La.. ;rc:? /y l5'I,,-(fT/IF)t C// de ~ J)chUKc..E @U:/5 7/1 7 ;::, .7 wA- "/ red,.j ;C' {.c/ A J :9 / J IV (//jr ,/ i3 /1jJ/11' i""k Tc ,5'? r ~/ //1 I!. T 0 /~ T;;/5 ? . t ' J IN (-/ l' /1 ' T 1'1 (u c"r ;; /1/ S T 5' r:+c 1 c' P /1.1 /J. ,1:'/ IV;; ') .A tVj II.- A l./ () u c d T If$ , ,p cI 1&, ; d s-'T/l.4 T€ L / r ?U ( r II To (!JLC!,:;'i J<~ 7/1/f T -r- / T /~ f5" I ,.j{,('['c0/:"N 18 'j /1/./;4,/ N,(I C:::f/' ,Iv I f\/ () Iii 11- ( 'J. cd- l!- tJ r (3' /d:"l F I T/ff/L / .....,- ,I J IA (. ,'/) [/ /-; E Tlhc:=" (v/lrr!.E. .J. j.U Ch' ?, co I' 'I ~ ( /l J'.(" "" c',' f\ Iv' J I~ c C I~,/ "/ t) p: f\ PI 14 Tlc-J l'l!IJ' 7 ;-If-I/G. II-be;;/i"'':; (.fIEI1-, 7/) p(/ Nil v~ r f't2 iV1;:; t.v p' t (;:: p. vV' J fY /1 c..{/ 6 /V (/ M ;1 E/'L Sftf1/ cl /Lfr Ivc/T- y ft- ~f/I 0 ,U!J {/ I'c ~ ,4!-( r111LJY J,' ;+ c/C, 11.1 C fiT 7 /7 ~5C;r ~ / (J];-- r m ....... Mr. Richard Dunkle J.tI PO Box 186 , ..J. Me Veytown, PA 17051-0186 J l-v()/--' C j nL-'7C) //I-:(C ;-'1 cl c>/'y C) /" / 1-- r ~ ~7 de:" C' / P;'.'4T/1 (-I L.ii 71 Fi <'je(. Tr.c, jL~~U7/ r, ;2~~v-t~4 ' v~v4; 02/11/2~05 16:15 FAl 7172349478 IIWK&E KGB PA 141002 /vw Februaty 11, 2005 --.-..- ',I, " JIUl Facsimile . I. I = .' I ~. . . . ___J Office of Register of Wills Attn: Margie Cumberland County Courthouse One Courthouse Square Carlisle,PA 17013 SJNCI! _ 3211 North FIl)lIt sm.et P.O. Box 5300 Harrisburg. PA 17110-0300 717-238-8187 Fox: 717-234-9478 Re: ElItate of Clyde F. Dulde Dear Margie: pther nFFi_~ CoIOllial Park (..nc_ 717.6.'l1-71l2l} 717-431-0131 Mcchanfc!lbu<s Millmbuttl 717~9H577 717-692-5810 Shippen,burg YOlk 717-53().7515 7l7-M3-0.502 AJ; per our conversation, I am faxing you a copy of the "Will and Testcrment," signed at the end thereof by Clyde F. Dunkle. AJ; I indicated to you, a diligent search was made for a Will at the time of Clyde's death. No Will was disclosed. In addition, the safety deposit box was checked and no Will was in it, and all likely places at his home were checked. As sometimes happens, once the very extensive amount of paper was gone through. the document provided herewith was discovered. You will note that the Will indicates in the fourth and fifth lines that his brother Earl Dunklc and his sister's Betty Couch's children, SandIa, Frank, and Linda, are to share equally in his holdings. You will note further that about two-thirds of the way down the Will, Clyde indicates: "I see Earl and Sandra often They seem to care about me. I'll let them take care of any bills that need paid." It would seem that this, iu effect, is a designation of who should settle the estate as Executors. It would seem to us that the Will disposes of the estate equally in four shares with Earl Dunkle and Sandra Couch being named the co-Executors. I respectfully await further word frOUl you or from Kirk Sohonage, the Solicitor for your Office. Thank you very much. v cry truly yours, ZGER, WICKERSHAM, KNAUSS & ERB, P.C. . Hock JLH/amm Enclosure 1"""",F.C..~ Eclwatd E. KnaU!I!l, IV'" 1....d L. Hock Steven P. Miner OnrkOlVere Frunc:lo 1. ~ff..~ IV David H. M.l'tineau Andrew W, NotfllN't And.rew C. 5pl!1" Young-Buh 1(00 .. BtM1d~h, mil lrioJ.lAwwlllh1<<rKY by thtN1I./ltllllll.Sltd ,".r'rilf.4dmnlt'll lI97.7-1 02/11/2~05 16:15 FAX 7172349478 WILL AND TESTl!."'!lMEIIJ! MY D<icToRS GAVE ME NBli'S THAT DON'T MAKE ME HAPPY". TIIIilY CLAIM THWY FAILED TO REMOVJI: ALL CANCER FROM MY SIlOULDre1l. I AM REFUSING RADIATION. DOCTORS HAVI!: NOT JoIUCH SUCCESS WITIl THAT THEIlAPI. I HOPE I AM NOT ON MY WAY OUT. IF sQoIETHING WOULD HA~ TO ME I WANT MY Bl'lO'l'HER EARL DlINKL!I; A!'l!l MY SISTER BmY COlXJH'S CHILDRI!:N - SANDRA - FBANK - AND LINDA TO SHARE EQT.1ALLY MY HOLDINGS. MY HOLDINGS ARE SJWERAL BA]q]{ ACCOUIITS AND CERI'D'CATES OF DEPOSIT, GOVERNMltNT BONDS, GRAND PRIX A{Jr(JIfOBn.E, ONE LOT, HOusmJLD CONTEN'!', COINS AND FOUR CATS. FRED RAMSEY AND MYSELF SHARE TIlE HOUSE AND A LOT AT 316 WALNIJr DALE ROAD. I OWN THE TIlAn.ER AND GARDEN' TOOLS, 8a'lE SEEDS AND GUNS STOllED INSIDE, FOCKE'l'KlfD'ICS TOO. MY TULIPS CGIE uP IN APRIL. A FEll ARE DEEP PURPLE, Tl:IERE ARE SE'/EIlAL JAPANESB: CHERRY TRDS. 'l'HEY DO NOT PRODUJE CHERRIES. PAVON IS BURIED BETWI!:l!:N TllE HOLLY T1lEI!:S. llI!:R HOUSE IS STm our BACl<:. GIVE IT TO SQgONE WITH A DOO. MY CATS EAT DAD'D DOG FOOD TJOO' LIIOiJ IT BE'1'TI!:Il THAN CAT FOOD. THERE ARE TWO CALICO FEMALES, ONE GRAY MALE ""WITH FOUR WHITE FEET, AND A LONG HAlmID-Bi.ACi(MAL""E-:- BETri"S!<:IDS WILL Lm 1!l11:M, I WILL Pur TIlI!}I IN CHlRGE OF MAKING SlJRI!: THE CATS ARE FED AND CAllE:D FOR. WHEN SALLY DIli:D WE HAD JOOO BURIAL SPACES. I EXPEX:T TO BE BURIED NEXT TO 1lER. I HAVE LIFE INSURANCE WITH SKF.. VFW SlIOl1LD PAY OUT TOO. I WANT EARL TO Gm FIlI!:Il RAMSEY MY SATELLITE DISHES AND MY KEROSUN HEATERS. I AM INVOLVED WITH TIlE :miIOR CITIZE1'I CENTER ON FAYE'1'1E :;"!'&;l!;!" IN SHIPFENSllUHl. EARL CAN USE JUS DISCREETION AND MAKE AN APROPRIATE DONATION TO THE SENIOR CENTER, I SEE EARL AND SANDRA 0F'l'EM TIlEY SEEM TO CARE AllOur ME. I'LL LET TJmI TAKE CARE (F ANY BILLS THAT NEED PAID. I HAVE SEVERAL Dn'~TING BOOKS ON BEN FRANKLIN. I WAS NAMED FOR !ill! , CLYIlI!J FRANllLIN DUNKLE. THE HOUSE AND LOTS ARB: LONG PAID OFF. I !:lAVE A HALF BROTHE'.Il RICHARD DUNKLE. I HAVE NOT S-1'()Kl!:N lfITIl' HIM FOR lIANY YEARS. I DID NOT LJi'.AVE ANYTlIIIiG 11'011 lIII'! - IF I!'ARL WANTS TO GIVE RICIiARD MY CAR THAT IS OKAY 15':[ ME. I lULL LEAVE THE rnooll:SION ABOUT THE CAR UP TO EARL. RICHARD IS A FELLOW WOO USES HIS FISTS TO SE'l'TLl!: MATTl!:RS EVEN WITH OUR MOTHER. m: SURE AND NOT GIVE Hlll THE GUNS OR POOKlmCNIVES. SO THAT IS IT. rwm CONTINUE SO ENJOY MY ourINGS TO TIlE SENIOR CENTER AND THE CASINO TRIPS. MY CAT HAS JlJoIPICD ON THE TA:BLE SEAKING AT'NNTION. I WILL GO AND FEED HIM. BEST WISES TO ALL. IIWKBdl BGB PA III 003 JUNE 12, 200; I AM OF SOUND MIND AND lIOPli:FULLY OF SOUND BODY LRf~1' ~~ 02/11/2005 16:15 FAX 7172349478 MWK&E KGB PA @001 lYW "'tITlC,I' t' ~.~_.._- \'<C~ IF.'': :.-\\i FACSIMILE TRANSMITTAL SHEET S\loICE l868 3211 North F<Ont $tTeet P,O. Box 5300 Hat'lisburg, PA 17110-0300 717-23&-8187 Fax, 717-234-9478 DATE: February II, 2005 T(): NAME: COMPANYIFIRM: FAX NO.: Margie Register of Wills, Cwnberland COWlty (717) 240-7797 nthn Qffl,..5 ColO'\'1i1l1 Park Limcasler 717-6;:>:-7\120 717-431-(1131 Mech.Ttie>burg Millersburg 717-691-5577 717-692-5810 Shippenablltg York 717-53U-7515 717-843-0502 FROM: lered L. Hock, Esquire RE: Estate of Clyde F. Dunkle (Our File No. 60-1618) NO. OF PAGES (INCLUDING THIS PAGE): 3 SENDER COMMENTS: CONFIDENTll\IJTY Nom Thill meslArN! is intended onlv for the use of the individual or entity to which it is addres.ed. and ~y contain il'\fonnanan that is privileeed.. confidaltiaJ and ~mmt from disc:losure under aonlicl.ble law. If the reader of thia' mesta.ge i. not the intc:ndcd rocipien~ )'Ou ...., hereby notified thalllIly disaemioation, dillribution or copyins of this comroonication is Ilrictly ~hi'oil<d. If )'00 have received this communi""tion in """r, pi...., DOritY u. imm<:dlaldy by telephone at (717) 238-8187, and rehnn the original ......"8" to us al tho aha... ~s vi. the U.S. Polllal SOIvice. Thank )'Ou. 319797-1 Jame. F. Cat! 'Edward E. Knaus.,. IV'" Jered L. Hock 5tc'ven P. Miner aorkD<V.... FrlU\Cis J. Laflorty, IV D.vid H. M.mn.au .Andn,w W. Nwfk....~ Androw C. Spo.,.Yuuns.suh 1<00 ~ &xtd Ctt'tiJild in ~it!jl frUt!lawllrtd~ by Jbt NJJtiD1Ut.l BtHmI ofTriRlNlt7OCQC1I COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG. PA 17128-0601 REV-1162 EX(11-96) RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT COUCH SANDRA J 316 WALNUT DALE ROAD SHIPPENSBURG, PA 17257 nnn__ lold ESTATE INFORMATION: SSN: 182-14-1549 FILE NUMBER: 2104-0662 DECEDENT NAME: DUNKLE CLYDE F DATE OF PAYMENT: 04/28/2005 POSTMARK DATE: 04/28/2005 COUNTY: CUMBERLAND DATE OF DEATH: 05/11/2004 NO. CD 005260 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 I $500.49 I I I I I I I I TOTAL AMOUNT PAID: $500.49 REMARKS: SANDRA COUCH ~~,,\~ \~ ~~.:l.~ SEAL INITIALS: RSK RECEIVED BY: REGISTER OF WILLS GLENDA FARNER STRASBAUGH REGISTER OF WILLS 316 Walnut Dale Road Shippensburg, PA 17257 April 23, 2005 Ms. Glenda F. Strasbaugh Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Estate of Clyde F. Dunkle Probate No. 2004-00662 Inheritance Tax No. 21-04-0662 Dear Ms. Strasbaugh: Provided herewith are two counterpart copies of the Inheritance Tax Retum, my check for $500.49 for inheritance tax, an extra copy ofthe summary sheet for your office to file-stamp, and an envelope for you to send the file-stamped summary sheet, along with the inheritance tax payment receipt, to my attorney, Jered L. Hock, Metzger Wickersham. Should you have any questions, please call Mr. Hock at (717) 238-8187. Thank you. Very truly yours, Enclosures " "} :'J ("J c...) 326046-1 'A'::.~ " "-t~ ~6..' ~ "3.~.!. \)~ REV.1500 pc~+ (6--00) ) . COMMONWEALTH OF . PENNSYLVANIA . DEPARTMENT OF REVENUE DEPT. 280601 HARRISBURG, PA 17128.()601 DECEDENT'S NAME (LAST, FIRST, AND MIDDLE INITIAL) "\ '\~ \,,~~\ ~\~~ REV-1500 INHERITANCE TAX RETURN FILE NUMBER RESIDENT DECEDENT ~\~~ OFFICIAL USE 0Nl '( I- Z W C W o W C W I- "'~'" 0"'''' W..o ,,00 0"'.... "CD .. < I- Z W C Z o .. '" w '" '" o o z o 5 :J l- ii: <( o w iii:: z o S :J II.. ::iE o o ~ I- ~':l,~ 21-040662 COUNTY"COOE -YEAR- - - NUMBER-- SOCIAL SECURITY NUMBER DUNKLE CLYDE F, DATE OF DEATH (MM-DD-Year) 1 82- 1 4 - 1 549 THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS DATE OF BIRTH (MM-DD-Year) 05/11/2004 06/12/1922 (IF APPUCABLE) SURVIVING SPOUSE'S NAME (LAST, FIRST, AND MIDDLE INITIAL) SOCIAL SECURITY NUMBER [X] 1. Original Retum o 4. Limited Estate [Xl 6. Decedent Died Testate (Atlactl copy ofWdl) o 9. Litigation Proceeds Received o 2. Supplemental Retum o 4a. Future Interest Compromise (date of death after 12-12-82) D 7. Decedent Maintained a Living Trust (AltacllcopyofTrust) D 10. Spousal Poverty Credit (date ofdeath between 12-31-91 and 1-'-95) o 3.RemainderRetum (daleofdealhpriorID12-13-82) o 5. Federal Estate Tax Retum Required .1... 8.TotaINumberofSafeDepos~Boxes o 11. Election to lax under Sec. 9113(A) iAl"<hSohO) NAME Jered L. Hock Es uire FIRM NAME (0 Applicable) Metz er Wickersham Knauss & Erb P.C, TELEPHONE NUMBER 717 238-8187 COMPLETE MAILING ADDRESS 3211 North Front Street P.O. Box 5300 Harrisbur PA 17110-0300 1. Real Estate (Schedule A) (1) 2. Stocks and Bonds (Schedule B) (2) 3. Closely Held Corporation, Partnership or Sole-ProprietolShip (3) 4. Mortgages & Noles Receivab" (Schedule D) (4) 5. Cash, Bank Deposits & Miscellaneous Personal Property (5) (Schedule E) 6. JoinUy Owned Property (Schedule F) (6) o Separate Billing Requested 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (7) (Schedule G or L) 8. Total Gross Assets (total Lines 1-7) 9. Funeral Expenses & AdministraUve Costs (Schedule H) (9) 10. Debls of Decedent, Mortgage Liabilities, & L"ns (Schedule I) (10) 11. Total Deductions (total Lines 9 & 10) 12. Net Value of Estate (Une B minus Line 11) 13. Charitable and Govemmental Bequests/See 9113 Trusts for which an election to tax has not been mede (Schedule J) 43,000.00 36,971.76 . OFFICIAL USE ONLY -Of') 1 ) -J 221,106,90 ), ') r-J (8) 301,078.66 30,906.45 823.86 (11) (12) (13) 31 ,730.31 269,348.35 14. Net Value Subject to Tax (Line 12 minus Line 13) SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES (14) 269,348.35 15. Amount of Line 14 taxable at the spousal tax rale, or transfers under See. 9116 (a)(1.2) 0.00 X _(15) 0.00 0.00 X _(16) 0.00 134,674.18 X .12 (17) 16,160.90 134,674.17 X .15 (18) 20,201.13 (19) 36,362.03 16. Amount of Line 14 taxable at lineal rate 17. Amount of Line 14 taxable at sibling rate 18. Amount of Line 14 taxable at collateral rate 19. Tax Due 20 D CHECK HERE IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT ~~ Decedent's Complete Address: STREET ADDRESS 316 Walnut Dale Road Cumberland Countv OTY I STATE I ZIP Shippensburg PA 17257 Tax Payments and Credits: 1. Tax Due (Page 1 Une 19) 2. CreditslPayments A. Spousal Poverty Credit 8, Pnor Payments C. Discount (1) 36,362.03 34.793.08 1 199.96 Total Credits (A + 8 + C) (2) 35,993.04 3. InteresUPenalty II applicable D. Interest E, Penalty T otallnteresUPenalty ( 0 + E ) (3) 4. If Line 2 is greater than Une 1 + Line 3, enter the difference, This is the OVERPAYMENT. Check box on Page 1 Line 20 to request a refund (4) 5. if Une 1 + Line 3 is greater than Une 2, enter the difference. This is the TAX DUE. (5) A. Enter the interest on the tax due. (5A) 8. Enter the total 01 Line 5 +5A, This is the 8ALANCE DUE. (58) Make Check to: REGISTER OF WILLS, AGENT 0.00 0.00 368.99 131.50 500.49 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 01 the property translerred; ........................................................................... 0 IXJ b. retain the nght to designate who shail use the property transferred or its income; ........................................ 0 IXJ c. retain a reversionary interest; or ...................................................................................................... 0 IXJ d. receive the promise for life of either payments, benefits or care? ............................................................. 0 IXJ 2. II death occurred after December 12, 1982, did decedent transfer property within one year 01 death without receiving adequate consideration?. ........... ..................................... ......... ............. ....................... 0 IXJ 3. Did decedent own an 'in trust fo~ or payable upon death bank account or secunty at his or her death? ................. 0 IXJ 4. Did decedent own an individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? ....................................................................................................... 0 IXJ 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 perjury, I declare thai I have examined this return, including accompanying schedules and statements, ood to the best of my knowledge and belief, it is true, correct and complete. Declaration of preparer other than the personal re entative is based on all information ofwhich preparer has any knowledge. SIGNATURE OF RES NSIBL OR Fill RETURN ADDRESS PA r-c::.L<---- ADDR 11 North Front Street, PO Box 5300 For dates of death on or after July 1,1994 and belore 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 oftranslers to or for the use 01 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 01 assets and filing a tax retum are stiil applicabie even if the surviving 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 lrom a deceased child twenty-one years 01 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 beneficianes is 4.5%, except as noted in 72 P.S. ~9116(1.2) [72 P.S. ~9116(a)(1)1. The tax rate imposed on the net value of transfers to or for the use 01 the decedent's siblings is 12% [72 P.S. ~9116(a)(1.3)). A sibling is defined, under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. ..J.8T-".".....,. D.... Uwlo,. ..... M fill ..... ...... ..... H...,.,....... ,....W.....;"".. d,UU:i' . \ \\,j tn:b i>1 1Bttb, MADE THE /3-.,{: of our Lord one thoCllond "1n. hundred day of sixty-six (1966) June In 'he year &ElWEEN BRUCE A. GONTZ and BESSIE M. Southampton ToY/nship. Cumberland County, GONTZ, husband and wife, both of Pennsylvania, Grantor. , and CLYDE F, DUNKLE, R, D. l. Shippensburg, Pennsylvania, GrCln'.. , WlTNESSETH,thotlncon.;doratlon01 One Hundred and OO/IOD - - - - - - - - - - - - - - - - - - - - - - - - - - -($100.00)00110", do h....by "ront and in hand "aid, the receipt whereof (I her.by oc.knowledged. the soid grontors convey to the .oid grant.. , his heirs and assigns, ALL THAT cm TAIN lot oC ground locatcd In Southampton Township, on the West side oC thc public road loading to Clevorsburg, more particularly bounded and describcd as Collows: DEGINNING at a point on the West side of said Township Road, which point 11 in the Southern line ot a lot heretoforc convcyed by the Grantors to Sylvia Dunkle by Decd recordcd in Dccd Book "0", Volume lO, Page 1101, thence In a Southerly din'clion alonl: the W"st side of said road fifty (50).feet to a point: thence West. wardly at riKht anglcs to said Township Road, ono hundred fllty (150) feet to a poi'lt; thcnce JIlorthwardly by a line parallcl to said public road, fifty (50) feet; thcnc e along the lot of Sylvia Dunkle Eastwardly one hundred fifty (ISO) feet to the place of Beginning. " THE ADOVE described lot 18 part of a larger tract of land conveyed to the Grantors herein by Deed of Aaron Gontz and wife dated November IS, 1947 and recorded in Deed Book "G", Volume 14, Page Z07. S::-.....t.\ '&,:f 0", S,hool Olsl, Cum . Co. Pa, '''' "I' hUh tuntu,Tu o(litl~~VJ~~/ . 'It. ""t \)- 'r J. -- l... . t.. , .. .,.l'[Lt;. J:tr,h~' ~'.1i.~?'~~'t:..."'..~~ Pt.>;.'" ~'\~' .<....")..,t' ~""i:(.,. _.. . , I I " . "- 1 . '\~ ?! I r l,"';; - ~ .. ., .. '~ ' "" ,. ." ~'I" - ., :.; .. )~ :.~: - .. ~ . :.r " I ~.) "C,):;:;:;: <> ',. .... " l;t" . ~ ... j;~:~~ ... '" . - ." -. ooC m '" ~ ~ .' r,4' eCCKZ 21rAGE 760 IN WITNESS WHEREOF, .aid grantors have hereunto ,.t their hand sand .eals the dcry ond yoar A"t obovo written. . ~ /2!l ~ ~A~~~~ ~ .tp......a1rit-a..l nd Bruce A. Gorit,Z ,- ~ .. III. ...........!Y fl' . -- e:s,s..-.._..Jf. .-.-. .~.- ~ Bessie M. Gantz . ~ - --------- -~------ --~~ Sial. of Pennsylvania } n. dcry of June , 1~6 , before m., County of Cumberland On thl., tho /,gzf the vnde"lgned offic.r, p."onollyappeared Bruce A. Gentz and Bessie M. Gantz known to m. (or satisfactorily proven) to b. the persons who.. name 8 are lublCri~.".l\Vt;U:;~.:~~ ' In Instrument, ond acknowledged that they executed .ame for the purpo.. 'h.r.ln_~m~".,ct..~...~.,......._....... IN WrTNESS WHEREOF. I h.reunto ..t m~hand 0 d official Hal. ' ~ --. !..~..,~..... r~io.'.'~~ . . . J <,,?7 -jar-- ~ -:',-.~ . .~~ ~ ~_. ...&1. :.;:. I IA l. GRIffiE. II.lary ublM! : - '...... ,". \,. ::7 ..c . ,.IJ.S!JJJ!!:@1RLAIIO CO. PENNA. .... ....;:.;.#..~~~..:&- Jl My CommisSion Expires July 9, 19';"0 oi"'OIfro1;;...... ....\#) f~'i . ". ..' y \ ..,~:. . ~......~..~- . 1 do h.....y cerllly that ths preclao ro.idsnce and camplete post 0 odd... l>f :.j , tho ..ithln nomad gront..l. R. D. Z, Shippensburg, Pennsylvania. . . I' . , I'. I i I j ". ~ ~ < t.l \) J::i NN ..:l E-I f-<f-< ~. Z .. <:W ZZ "- 88 !2 ~ ~ ':i-.. <:W 0 < f{( <i:i ~ ~.. t.lt.l t.l ~ \)~ 0 ~U) >< ~13 ..:l III III U '" " Vi o ~ " ~ o ~. oil! " :g .. ..:l " " COMMONWEA~ OF PENNSYlVANIA Caunty of ~ ~..t-.. .L }~ RECOROED on thla / / /3.d.. dcry 01 ~ }' 1 l L ) i .... 2I!l.T. -n-t -F."""ltllr'. U,..'.r Poww I. Will lIen,1, U.II, In.., lndl.".. ft... t!Cbi~ 3Jnbtntutt, MADE THE 28th dall of February (m.c t1w1I"an.d n.i7U' lLu'llll.,.ed a'llll ninety-one (1991) in the lIear of ou.,. Lord IIgTWf:EN FREDERICK R. GUTSHALL, p, O. Box 365, Huntingdon Pennsylvania 16652, Execllt or of tILe last WiU a'llll Testament of SYl.VIA H. DUNKLE late of Southampton Township, Cumberland County, Pennsylvania, party of the fir,'; part, a'llll CLYDE F. DUNKLE, R. n, 6, Rox 448, Shippensburg, Pennsylvania 17257 and FREDERICK A. RAMSEY, 5985 Orrstown Road, Orrstown, Pennsylvania 1 i .1.44, as joint tenants with right of survivorship '/ of !he sccolld 1'a1't: partles WHEREAS, the said Sylvia M, Dunkle 1>)/ her last Will a'llll Testament, du.ly pr01lcd and rccordcd in the Rcg;.,ter's office of Cumberland Cou."ty, Pcn1l.'ylva"w, provided as followa: "THIRD, All of my property, real, personal and mixed, of every nature whatsoever and wheresoever situate, 1 give, devise and bequeath in ' equal shares 5S follows: To my husband, CLYDE F. DUNKLE, an equal one-half share, To my son, FREDERICK A. RAMSEY, an equal one-half share . . . II; and, WHEREAS, the said Sylvia M. Dunkle died on April 5, 1990, a resident of Southampton Township, Cumberland County, Pennsylvania; and, WHEREAS, Gutshdll on April Letters Testamentary were duly issued to Frederick by Y~ry C. Lewis, Register of Wills for Cumberland 26. 1990, . (l) ...... :::3 = = R. County o ::D C ,.., 3: ::n <"> 1'::1""0 ,..,0" ",00 ~ :nf'Tl ,.00 OJ ~fTll t,;..;,o ('")o~ 0""- <=0'" ",,..,"" -<,..,0 -<0"" r'\) ..;,(A-t N .. :r .\"011' THIS INDENTURE WITNESSETH, that thc said party of the first part, 0111'1'1'1", '" of t.ht power and aut.hon"fy aforesaid, in said lfill ront,aincd, a.nd in consideration of the sum of One and 00/100------------------($1.00)---------------------------- DolJa-rr to him ,'aid b1/ the said part ies of the 8('.("ond part, at and before thr l'ns('aling ai/d dd;'j'(,1'/1 of t.h(:~c: 1JTcsC'nt$. the receipt wkcreof ~ h.c'rcby acknoU'l~d{lcd, has urant(:d, 11n"'UJ.i'1Il'd. !:(,ld and r.onvc'IIcd. and does hereby J]rant. baraain. 8C'1l and C0n11(?J to the :n :::3 ...... ..... / ..-,/" ALL that certain tract of land located in Southampton Township, Cumberland County, Pennsylvania, on the North si~e of the Township Road leading to Cleversburg. BEGINNING at a point on the North side of said road at the Western line of property heretofore conveyed by Bruce A. Gontz and Bessie M. Gantz to Charles Gallow and wife by Deed dated May 7, 1957 and recorded in Cumberland County, Pennsylvania in Deed Book "V," Volume 17, Page 522; thence Westwardly along said Township Road, sixty (60) feet; thence Northwardly at right angles to said road. and along lands now or formerly of Gontz. one hundred thirty-two (132) feet; thence Eastwardly by a line parallel to said Township Road, sixty (60) feet to lands now or formerly of said Gallow; thence Southwardly along lands now or formerly of said Gallow, one hundred thirty-two (132) feet to the place of beginning. BEING the same property title to which became vested in Sylvia Dunkle by Deed of Bruce A. Gontz, et ux, dated September 14, 1962 and recorded in the Office of the Recorder of Deeds of Cumberland County on October 6, 1962 in Deed Book "Q," Volume 20, Page 1l01. See also an Agreement between Gontz and Dunkle dated April 18, 1964 and recorded in the Office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 164, Page 1041 on April 20, 1964. REALTY TRANSFER TAX EXEMPTION: This transfer is exempt from Realty Transfer Tax because it is a transfer from a personal representative of a decedent to the decedent's devisees under a Will. i 91.159(a) and 91.193(b)(7). eOOK 734 rACE 844 L TO HA VE AND TO HOLD th. said grant.d "r""is.. to the laid part iea of the second part, their heirs and assions forever. t 1 And th, said Frederick R, Gutshall do e s covenant, promis., grant and agr.c, to and with the Raid part ies of the second part, their h.irs and assigns, by th.sc pr.s.nts, that he, th. said party of the first part has ' not d<1ne, committ.d 'or ~"nOwingly or willingly suff.r.d to b. done. any act. 1Mtt.r. or thing what. soever, "whereby the premises aforesa.id, or any part thereof, is, ere, .1ur.U M mull be charged or incumbered, in title, charge or "ta.te, or otherwise howsoever. IN WITNESS WHEREOF, the BGid has day and year ab"". writt.... Executor h.reunto s.t his /lGnd Gnd Beal llie ~' ii,nell. .,.1,11 .Jlll .,liarri ) in t_, 'cum<< .f ::..::::'.:::::::::::.::::::::~:=~::=::~====:=::~~) F.;{:~;I~/~:'~i~'-""-""-;'~ ...................................................................................~ ...................................................................................e " '--- 8tGt. of Pennsylvania Countvof Huntingdon On this, the d'ir/ II day of a notary public, the undcrsign.d offic.... pers01l4Uy appear.d ~BS' ~J b \......l.i".....i........ , 1991 I before met ~ Frederick R. Gutshall of the StGtc of Pennsylvania, County of Huntingdon , kn<>wn to me (or Batisfa.ctorill! PTO'IJ61'l) to b. th.person describ.d in th. for.glling instrum.nt. Gnd acknowl- edged that h. ..,.cuted th. Bam. in th. capa,city' th.rein B/Gt.d and for th. 1IUTP08es ther.in con- ta.ined. ..... ..<<~~Ly/~~VUli<;.... wher.of, 1 hereunto B.t~d GlUi officiaJ Bpal;., ,~ ' .....~'\ k:....... \E) \..00- [~;~ <.~"". ~..~'.'~{ h't.'.t ._.._..n.._._.......__..._~ ........_..:_................ n. .~~......~ :: C.' . I. I wr:-,'''i,''L S~.L d ~ ~..J ,_, ..;....." ,....." .._._, . ,.'f'..... . .....:.,' ..~a...r..,;..I.~....__:.c..~.;>...to;".u........................n. '. ""~',"'. .' .' ..' u, ..,.,. ,'." -'., f' 'I """t f Offi . "C' 01, S' ~ -'. ........ r."r., ..', '''. .. .(tC"Y ..... 0 cer. ", r...:. y\; . '- .' L!-.i. c...." ,';.:.1') L>t.l,:':: J:JIJ '5, 1911 ....4/).... \\".... -'-'- ---.-.-- "" . y p\ ..' St~teor'" County of On this, th. 1 rB. day of .19 '. b.fore me, the ..ndcrsigncd officer, perBonaUy Gwear.d of the State of Cov.nty of _ knn111t'1 ,.,.. r. ~..'.' .. \: \ CERTIFICATE OF RESIDENCE 1 tlo hereby certify that the prccise TtBidcncc and complete post offic. add"," of the withi71 named llro.nteeis R, 0, 6. Box 448. Shippensburg. PA 17257 February 28. 1991 - . . ._..~1:::::~:~.:fc<.,..~f::...Jr{;r.~l.~;!f!.._,........... A ttOTn61l for ....~Y..t!!~...~.:...P'!!.':'_~.!~..._~!!.~!I;~.e .... 0 rJ) ~ . GI ,~ :i ... "< '" I>op.. \'- 1a ~ ... '" >- ... ., c ~ .c " l<l '" ell .,>. ~ cD ~ l<l ~ !i~ ~ ~ Ql ..l l<l ". .c ~ ..l 0" ::::> ~ ... :.: 1-<0 0 ~ u U '" .... l'l ... < c 0 l'l 0"" ~ :.l :.: ...c u ... :E t,,) 1>0'" ~ .... 0 ll< .... EI.... eJ ... < '" "'... " .... l<l ~ .cGl .~ Sl " ~ ~ l'l ....., - Ql ~ "EI g: " ..l c: 0" l<l ell t,,) tilt,,) ~~::.:;::.~~..::'.~..~_..:=:'i.;:~~..__ }ss, 'Ih ~ .' / . .. '.~,~., Oc ().... ~c/) ... ,1,1', ....:_.....~ '.. RECORDED on this ...........Q.................... "1/ of ............ ................._..._... !.\:;t:>:;,~:~J-::~\ .~: D, 9.L in the RecortUr's Office of laid Countl!. in Deed Boo"t- , ..... .'o('no"J': ".'""7:'" . if. Or / ~ . .'.ill.,. .:........,~.~f. ~ 07'-...' " ''-, :: ; '..~:"'>o:_' .: VoL .......t.. ............., Page _...................... . ~ ;'\,.\ .~....'J. '7. '<:;.:~~?:~:~~ Giv67l under mil hand a.nd~~bwe writle>>, .~ GEORGE L. EBENER & ASSOCIATES REALTORS IB .......T_ Residential. Commercial & Farms Appraisals . Sales . Rentals ~T~ tiis Aprill8, 2005 430 East King Street, Shippensburg. PA 17257 (717) 532-8530 (717) 532-3430 Clyde Dunkle 316 Walnut Dale Rd. Shippensburg, Pa. 17257 To Whom It May Concern, After reviewing the vacant land and the residential properties sold in the year prior to the death of Clyde Dunkle, it is our opinion that a fair market sale price for the 1/5 th acre residence at 316 Walnut Dale Rd, Shippensburg, Pa. on May 11,2004 would be between $40,000 to $43,000. The market was less aggressive that year. Please review the comparables that I have enclosed with this valuation. Please call me if you have any further questions! S~relY, '/ J Barbara Woods REV~1502 EX + (6-98) * COMMONWEALTH OF PENNSYLVANIA INHERIT ANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER DUNKLE. CLYDE F 21 04 0662 All real property owned solely or as a tenant in common must be reported at fair market value. Fair market value is defined as the price at which property would be exchanged between a willing buyer and a willing seller, neither being oompelled ID buy or sell, both having reasonable knowledge of the relevant fads. Real Diooertv which is ioinllv..wned with riaht Df sUrYivDrshiD must be disclosed on Schedule F. SCHEDULE A REAL ESTATE ITEM NUMBER 1. DESCRIPTION Lot located at 316 Walnut Dale Road, Shippensburg, Southampton Township, Cumberland County, Pennsylvania. For title, see deed to decedent from Bruce A. Gontz and Bessie M. Gontz, Cumberland Deed Book Z-21-759, same consisting of lot 50 ft. x 150 ft. x 50 ft. x 150 ft. Value included in Entry NO.2 below, as per appraisal. VALUE AT DATE OF DEATH 2. House and lot located in Southampton Township, Cumberland County, Pennsylvania. For title, see deed of Frederick R. Gutshall, Executor of the Last Will and Testament of Sylvia Dunkle to decedent and Frederick A. Ramsey as joint tenants with right of survivorship, of which Ramsey pre-<leceased decedent on April 11 ,2004. This lot consists of 60 ft. x 132 ft. x 60 ft. x 132 ft., with dwelling thereon erected, in need of major repair. See value established by George L. Ebener & Associates Realtors, attached. See also attached photographs showing deteriorated condition of premises. 43,000.00 TOTAL (Also enteron line 1, Recapitulationl $ (If more space is needed, inseJ\ addi1ional shaels of the same size) 43000.00 REV-1503 EX + (6~96) '* COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE B STOCKS & BONDS ESTATE OF DUNKLE CLYDE F FILE NUMBER 21 04 All property jointly-owned with right of survivorship must be disclosed on Schedule F. 0662 ITEM NUMBER 1. DESCRIPTION U.S. Savings Bonds, Series EE, as per dates of issue and DaD values attached VALUE AT DATE OF DEATH 36,971.76 TOTAL (Also enter on line 2, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) 36971.76 .Savings Bond Calculator Page I of3 1...... 1-"" Val",. As Of --==;7 105{2004. BOlld Info Series lE~ElondS_.. Denomination Serial Number $\100 JII Res"lts # Bonds Total Price Total Interest Total Value 51 $16,050.00 $20,921.76 $36,971.76 Issne Interest Serial Number Issue Date Series Denom Price Interest Value Rate 03/1988 EE $100 $50.00 $69.12 $119.12 4.00% 02/1988 EE 100 50.00 69.12 119.12 4.00% 01/1988 EE 100 50.00 69.12 119.12 4.00% 12/1987 EE 100 50.00 69.12 119.12 4.00% 12/1987 EE 100 50.00 69.12 119.12 4.00% 11/1987 EE 100 50.00 71.48 121.48 4.00% 10/1987 EE 100 50.00 71.48 121.48 4.00% 09/1987 EE 100 50.00 71.48 121.48 4.00% 08/1987 EE 100 50.00 71.48 121.48 4.00% 07/1987 EE 100 50.00 71.48 121.48 4.00% 06/1987 EE 100 50.00 71.48 121.48 4.00% 05/1987 EE 100 50.00 73.92 123.92 4.00% 04/1987 EE 100 50.00 74.12 124.12 4.00% 03/1987 EE 100 50.00 74.12 124.12 4.00% 01/1987 EE 100 50.00 74.12 124.12 4.00% 10/1986 EE 100 50.00 90.60 140.60 4.00% 10/1986 EE 100 50.00 90.60 140.60 4.00% JIll 986 EE 100 50.00 76.40 126.40 4.00% 10/1986 EE 100 50.00 90.60 140.60 4.00% 09/1986 EE 100 50.00 90.60 140.60 4.00% 08/1986 EE 100 50.00 90.60 140.60 4.00% 01/1989 EE 1,000 500.00 644.80 1,144.80 4.00% 01/1989 EE 1,000 500.00 644.80 1,144.80 4.00% 0111989 EE 1,000 500.00 644.80 1,144.80 4.00% 0111989 EE 1,000 500.00 644.80 1,144.80 4.00% 0111989 EE 1,000 500.00 644.80 1,144.80 4.00% 0111989 EE 1,000 500.00 644.80 1,144.80 4.00% 01/1989 EE 1,000 500.00 644.80 1,144.80 4.00% http://wwws.publicdebt.treas.gov/BC/SBCPrice Issue Date - YTD Intere, $714.16 N en Fiual Accrual Maturity No 09/2004 03/2018 08/2004 0212018 07/2004 0112018 06/2004 1212017 06/2004 12/2017 J112004 J112017 10/2004 10/2017 09/2004 09/2017 08/2004 0812017 07/2004 07/2017 06/2004 0612017 JII2004 05/2017 1012004 0412017 0912004 03/2017 0712004 0112017 1012004 10/2016 10/2004 10/2016 1112004 11/2016 10/2004 10/2016 0912004 09/2016 08/2004 08/2016 07/2004 0112019 0712004 01/2019 07/2004 01/2019 0712004 01/2019 0712004 01/2019 0712004 01/2019 07/2004 01/2019 08/09/2004 Savings Bond Calculator Page 2 of3 0111989 EE 1,000 500.00 644.80 1,144.80 4.00% 07/2004 0112019 0111989 EE 1,000 500.00 644.80 1,144.80 4.00% 07/2004 0112019 01/1989 EE 1,000 500.00 644.80 1,144.80 4.00% 07/2004 0112019 01/1989 EE 1,000 500.00 644.80 1,144.80 4.00% 07/2004 0112019 0111989 EE 1,000 500.00 644.80 1,144.80 4.00% 07/2004 0112019 0111989 EE 1,000 500.00 644.80 1,144.80 4.00% 07/2004 0112019 0111989 EE 1,000 500.00 644.80 1,144.80 4.00% 07/2004 0112019 0111989 EE 1,000 500.00 644.80 1,144.80 4.00% 07/2004 0112019 0111989 EE 1,000 500.00 644.80 1,144.80 4.00% 0712004 0112019 10/1989 EE 1,000 500.00 622.40 1,122.40 4.00% 1012004 10/2019 0111989 EE 1,000 500.00 644.80 1,144.80 4.00% 07/2004 01/2019 0111989 EE 1,000 500.00 644.80 1,144.80 4.00% 07/2004 01/2019 0111989 EE 1,000 500.00 644.80 1,144.80 4.00% 07/2004 0112019 0111989 EE 1,000 500.00 644.80 1,144.80 4.00% 07/2004 0112019 0111989 EE 1,000 500.00 644.80 1,144.80 4.00% 07/2004 0112019 01/1989 EE 1,000 500.00 644.80 1,144.80 4.00% 07/2004 0112019 0111989 EE 1,000 500.00 644.80 1,144.80 4.00% 0712004 0112019 0111989 EE 1,000 500.00 644.80 1,144.80 4.00% 07/2004 01/2019 0111989 EE 1,000 500.00 644.80 1,144.80 4.00% 07/2004 0112019 0111989 EE 1,000 500.00 644.80 1,144.80 4.00% 07/2004 0112019 0111989 EE 1,000 500.00 644.80 1,144.80 4.00% 07/2004 0112019 01/1989 EE 1,000 500.00 644.80 1,144.80 4.00% 0712004 0112019 01/1989 EE 1,000 500.00 644.80 1,144.80 4.00% 07/2004 0112019 leI ~Il,l Note Description NI Not Issued NE Not Eligible for Payment P5 Includes 3-month interest penalty ME Matured (Exchangeable for HH) MN Matured (Not Exchangeable for HH) Please rate this service. (Please print and/or save this page before submitting your survey) Service Excellent Good Fair Poor Savings Bond Calculator r r r r httu:/lwwws. oublicdebt. treas.l!ovlBC/SBCPrice 08/09/2004 ~EV-1508EX+(6* SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF DUNKLE CLYDE F FILE NUMBER 21 04 Include Ihe proceeds of litigation and Ihe date the proceeds were reoeived by Ihe eslate. All property jointly-owned with right of survivorship must be disclosed on Schedule F. 0662 ITEM NUMBER 1. DESCRIPTION MBNA - Certificate of Deposit # 400038638 Accrued Interest $7.44 2. M&T Bank - Checking Account #67388167 Accrued Interest $8.67 3. M&T Bank - Certificate of Deposit #031003914492340 Accrued Interest $11 .18 4. M&T Bank - Certificate of Deposit #031 003911175014 Accrued Interest $106.26 5. Orrstown Bank - Certificate of Deposit #4000001003 Accrued Interest $7.48 6. Citizens Bank - Account #6140702410 Accrued Interest $5.36 7. 1989 Canada dollar coin 8. 1989 Canada $100 coin - see Entry 39, covering appraised value of Items E7-E38 (see attached appraisal of Paul M. Bauder, Bauder's Antiques & Collectibles, Carlisle, PAl 9. 1988 Australia $200 coin 10. 1986 Royal Australian Mint 7-piece coin set with denominations of 1 cent, 2 cents, 5 cents, 10 cents, 20 cents, 50 cents, and $1 11. 1986 U.S.A. $50 gold eagle coin 12. Two 1986 U.S.A. $1 silver coin 13. Two 1988 France 100 franc coins 14. 1984 Australia $200 coin 15. 1985 Australia $10 coin 16. 1985 Australia $200 coin VALUE AT DATE OF DEATH 5,143.27 157,652.12 14,029.10 14,042.70 14,278.35 13,051.36 TOTAL (Also enter on line 5, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) 221 106.90 Continuation of REV-1500 Inheritance Tax Return Resident Decedent DUNKLE, CLYDE F. Decedent's Name Page 1 21 04 0662 File Number Schedule E - Cash, Bank Deposits, & Misc. Personal Property ITEM NUMBER 17. DESCRIPTION 1964 U.S.A. Mint 5-piece coin set with denominations of 1 cent, 5 cents, 10 cents, 25 cents, and 50 cents VALUE AT DATE OF DEATH 18. 1989 U.S.A. $1 silver coin 19. 1987 U.S.A. $1 silver coin 20. 1987 U.S.A. $5 silver coin, Constitution Bicent. 21. U.S.A. miscellaneous, worn, circulated dimes 22. Five U.S.A. coins 23. 1978 Canada $100 coin 24. Two 1978 Australia $100 coins 25. 1990 U.S.A. $1 silver coin 26. 1988 Canada Calgary Olympic with denominations of $20, $20, and $100 27. Two 1986 $1 silver coins 28. Four 1979 Canada $1 silver coins 29. 1987 Canada $1 silver coin 30. Two 1986 U.S.A. 50 cent coins 31 . 1987 Canada $1 coin SUBTOTAL SCHEDULE E Continuation of REV-1500 Inheritance Tax Return Resident Decedent DUNKLE, CLYDE F. Decedent's Name Page 2 21 04 0662 File Number Schedule E - Cash, Bank Deposits, & Misc. Personal Property ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 32. Three 1976 U.S.A. coins with denominations of 25 cents, 50 cents, and $1 33. 14 U.S.A. 50 cent coins, circulated 34. Two 1922 U.S.A. $1 coins, circulated 35. 1936 Deutsche Mark Coin, circulated 36. 1915 Cuba 20 cent coin 37. Four 1945 U.S.A. nickles, circulated 38. 1946 Canda 10 cent coin 39. Four 1989 U.S.A. coins with denominations of 10 cents, 25 cents, 50 cents, and $1 The total value for all items listed from E7 to E39 is $2750, as appraised by Bouder's Antiques & Collectibles, Carlisle, PA 17013, telephone (717) 243-9096; see appraisal 2,750.00 attached. 40. 1983 Pontiac Grand Prix, sitting undrivable in decedent's driveway since 000, with 25.00 bumper taped on and other conditions making it unsalable. Has received offer of $25 41. Hamilton Masterpiece Pocket Watch 10.00 42. IRS income tax refund 125.00 SUBTOTAL SCHEDULE E 2,910.00 GRAND TOTAL SCHEDULE E $ 221,106.90 S.Ct w;( y (oll I nS , . .21~WQ.IVlU1 D_c,/e KOc,cL ..0;1,.""::.;"."....,..,...... j "h.', i:\~,~ burll Pc-, /7-;,C7 ~~~~~~~.~'~...r-<.J-~1"1~"... . ---,}--I-'-1. .----,)-f- ~e;-A~~?tlS(</~t ~/! rfJ~(.-6:()jJ1-5JJverfc,~~t ~j\q{ i'!....sJ'ebe~m;-(BQ):...:btoJ.f.hthf'rf ii,Ne_ -1 J b7J, dV-- _.-~ . . --- ]P,)/o~ .. - . ~~~~l"..~~~~P;:"""~r- .------------~-------------..~.---..--.,----------------..{- -,:' ._.....11, ~. t.de J.aJI A{,tJ1J.i' jfj~t'/~.LCJ~1-JJ4C./{-r"''O:.Et'---..:".;..~ __.J:nmt-7Th~vLS ~- ...------ ' ..-----. . , .. _ __ __ ___ -- S'11.~f.i1.It!.-j--- -- ! .~~=-~- =- -~-- ~-- _~=~);jt~p.::i=--= n ______~______ 7/7 ';;;'-I]'''109~___. - ___.._ _______ ___n___...__.._..___.________._...__........__.__ pJ.,bo-p~.:6 ~f(Jrt(C'>\nY(1.lj n~u.oc1,=vd~ ~"tJ~ _ _.s:.[et1Thl~~ :___ n___n__ ___"0---------._-_.-- ---------- ------------------ ~EV.1S11 EX + (12.99) * COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS ESTATE OF DUNKLE. CLYDE F. FILE NUMBER 21 04 0662 Debts of decedent must be reported on Schedule I. ITEM NUMBER DESCRIPTION AMOUNT A. FUNERAL EXPENSES: 1- Fogelsanger Funeral Home 4,870.40 B. ADMINISTRATIVE COSTS: 1- Personal Representative's Commissions Name of Personal Representative (s) Sandra J, Couch 12,000.00 Social Security Numbe~s)IEIN Number of Pemonal Representative,s, StreelAddress 316 Walnut Dale Road City ShippensburQ State PA Zip 17257 Yea~s) Commission Paid: 2. AttomeyFees Metzger, Wickersham, Knauss & Erb, P.C, (estimated) 12,000,00 3. Family Exemption: (If decedenfs address is not the same as claimanfs, attach explanation) Claimant Street Address City State Zip Relationship of Claimant to Decedent 4. Probate Fees Cumberland County Register of Wills 277.00 5. Accountants Fees 6. Tax Return Preparers Fees Metzger, Wickersham, Knauss & Erb, P.C, (estimated) 800.00 7. Cumberland County Register of Wills - Short Certificates 26.00 8. News Chronicle Co. - Estate Notice publication 84.50 9. Cumberland Law Journal - Estate Notice publication 75.00 10. Cumberland County Register of Wills - filing of Will 15.00 11. Metzger Wickersham - reimbursement for postage, photocopy, long distance calls 44.05 12. News Chronicle Co. - republish Estate Notice because of after-found Will 84.50 TOTAL (Also enler on line 9, Recapitulation) $ 30 906.45 (If more space is needed, insert additional sheets of the same size) Continuation of REV-1500 Inheritance Tax Return Resident Decedent DUNKLE, CLYDE F. Decedent's Name Page 3 21 04 0662 File Number Schedule H - Funeral Expenses & Administrative Costs - B7. ITEM NUMBER DESCRIPTION AMOUNT 13. Cumberland Law Journal - republish Estate Notice because of after-found Will 75.00 14. Metzger Wickersham - reserve for further postage, photocopy, long distance, fax 50.00 15. Reserve for filing Account 400.00 16. Reserve for filing Releases 25.00 17. Reserve for closing 50.00 18. Reserve for additional probate fee I deficiency assessment 30.00 SUBTOTAL SCHEDULE H.B7 630.00 REV-1512 EX + (6-98) '* SCHEDULE. DEBTS OF DECEDENT, MORTGAGE LIABILITIES & LIENS COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEOENT ESTATE OF DUNKLE CLYDE F FILE NUMBER 21 04 0662 Include unreimbursed medical expenses. ITEM NUMBER DESCRIPTION 1. Chambersburg Hospital - chemo therapy bill of decedent VALUE AT DATE OF DEATH 600.00 2. Family Practice Center - bill of decedent 100.00 3. Walmart Pharmacy - bill of decedent 70.00 4. Sprint - bill of decedent 53.86 TOTAL (Also enter on line 10, Recapitulation) $ (If more space is needed, insert add'rtional sheets of the same size) 823.86 REV"513EX+<,* COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF SCHEDULE J BENEFICIARIES FILE NUMBER nllNKI 1= r.1 vnl= 1= '1 n"- 0662 RELATIONSHIP TO DECEDENT AMOUNT OR SHARE NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE I. TAXABLE DISTRIBUTIONS [include outright spousal d~butions. and transfers under Sec. 9116 (a)(1.2)1 1. Earl M. Dunkle Sibling 134,674.18 R.D. 1, Box 327; Mount Union, PA 17066 2. Sandra J. Couch Collateral 44,891.39 316 Walnut Dale Road; Shippensburg, PA 17257 3. Linda Rangel Collateral 44,891.39 4480 Sirius Road, Apt. 331; Las Vegas, NV 89102 4. Frank A. Couch Collateral 44,891.39 124 Forest Drive; Mars, PA 16046 ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE, ON REV-1500 COVER SHEET II. NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE 1. B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS 1. TOTAL OF PART IT - ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET $ .. (If more space IS needed, Insert additional sheets of the same size) \.-1111, A~r:) T~~STERMEN~ MY DOCTORS CAY;<; ME NE,IS THAT Don'T MAR'" ME HAPPY. TllEY r:LAIM TH3Y 1"AILSD TO RE'10VE ALL CAt;C~R FRO~1 MY SHO;/LDSR. I AN REFUSmG RADIATION. DOCTORS HAVB NOT ~lUCH SUCCESS WITH THAT THERAPY. I Ham I AM NOT ON MY WAY OUT. IF SmlErHING lofOULD HAPPEN TO ME I WAITT ~lY BROTHER EARL DUNKLE AND MY SISTER BErTY COUCH'S CHILDREN - SMIDRA - FRANK - AND LINDA TO SHARE EQUALLY MY HOLDINGS. ~lY HOLDINGS ARE SEVERAL BANK ACCOUNTS AND CERI'IFCATES OF'DEPOSIT, GOVERNMENT BONDS, GRAND PRIX AUTOMOBILE, ONE LOT, HOUSEHOLD CONTENT, COINS AND FOUR CATS. FRED RAMSEY AND MYSELF SHARE TRE HOTJSE AND A LOT AT 316 WAL!!UT DALE ROAD. I O'ofN THE TRAILER AND GARDEN TOOLS, SOME SEEDS AND GUNS STORED INSIDE, POCKETKNIFES TOO. MY TULIPS COIlE UP IN APRIL. A FEW ARE DEEP PURPLE. THERE ARE SEVERAL JAPANESE CHERRY TREES. THEY DO NOT PRODUCE CHERR.IES. PAVON IS BURIED BETWEEN THE HOLLY TREES. HER HOUSE IS STILL our BACK. GIVE IT TO SO/lEONE vlITH A Dex::. MY CATS EAT DAD'D DOG FOOD THEY LIKE IT BETTER THAN CAT FOOD. THERE ARE ']'1,10 CALICO FEMALES, ONE GRAY MALE IUTH FOUR WHITE FEET. AND A LONG HAIRED BLACK MALE. BETTY'S KIDS WILL LIKE THEM. I WILL PUT THEM IN CHARGE OF ~lAKING SURE THE CATS ARE FED AND CARED FOR. WHEN SALLY DIED WE HAD JOINT BURIAL SPACES. I EXPEJ:::T TO BE BURIED NEXT TO HER. I HAVE LIFE INSURANCE WITH SKF. .VFW SHOULD PAY our TOO. I ',ANT EARL TO GIVE FRED RA~rsEY MY SATELLITE DISHES AND MY KEROSUN HEATERS. I AM INVOLVED WITH THE SENIOR CITIZEN CENTER ON FAYETl'E STREEl' IN SHIPPENSBURG. EARL CAN TJSE HIS DISCREErION AND MAKE AN APROPRIATE DONATION TO THE SEtHOR CENTER. I SEE EARL AND SANDRA OFTEN THEY SEEM TO CARE ABOUT ME. I'LL LET THEM TAK.'!: CARE OF ANY BILLS THAT NEED PAID. I HAVE SEVERAL INTERESTING BOOKS ON BEN FRANKLIN. I WAS NAMED FOR HIM , CLYDE FRANKLIN DUNKLE. THE HOUSE MID LOTS ARE LONG PAID OFF. I HAVE A HALF BROTH:E1l RICI-'.ARD DUNKLE. I HAV.'!: NOT SPOKEN WITH HIH FOR Jl:ANY YEARS. I DID NOT LEAVE ANYTHING FOR HIM - IF EARL WANTS TO GIVE RICHARD ~'Y CAR THAT IS OKAY BY IE. I :JILL LEAVE THE DECESION ABOUT TIE CAR UP TO SAP,L 111CMB)) IS A FELLml \VHO USSS HIS FISTS TO SETTLE MATTERS EVEN WITH OUR MOTHER. BE SURE AND NOT GJVE Hlll THE GUNS OR POCKETKNIVES. SO THAT IS IT. IWILL CONTINUE to ENJOY MY OUTINGS TO THE SENIOR CENTER AND THE CASINO TRIPS. MY CAT HAS JUMPED ON THE TABLE SEAKING ATTENTION. I WILL GO AND FEED HIM. BEST WISHES TO ALL. '_0 JUNE 12, 2003 I Ml OF SOUND MIND MID HOPEFULLY OF SOUND BODY "~ '\-' (' ( :"! \ '\. (, , ,-, J ,,/, ,J f.... , I' ". . '".. \, /, " " . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY ORPHAN'S COURT DIVISION IN RE ESTATE OF CLYDE F. DUNKLE,: Deceased No. 21-04-0662 PETITION FOR APPEAL OF THE ORDER OF THE REGISTER OF WILLS AND NOW, this "Jolt... day of r r~2005, comes the petitioner, Richard F. Dunkle, by and through his attorneys, Gates, Halbruner & Hatch, P.C., to file this Petition for Appeal of the Order of the Register of Wills. The Appellant avers as follows: 1. Appellant, Richard Dunkle, is an adult individual currently residing at 24 South Water Street, McVeytown, Pennsylvania, 17051. 2. Decedent, Clyde F. Dunkle, died intestate on May 11, 2004, as a resident of 316 Walnut Dale Road, Shippensburg, Southampton Township, Cumberland County, Pennsylvania. 3. Decedent is survived by the following individuals, who, upon information and belief, are the only parties in interest to this appeal: :-:~, a. Appellant, decedent's brother; " , ~- .. b. Earl Dunkle, decedent's brother; C"'" , c. Sandra Couch, decedent's niece (daughter of decedent's () predeceased sister, Betty Couch); , t..-' , C',': d. Linda Rangel, decedent's niece (daughter of decedent's predeceased sister, Betty Couch); and e. Frank Couch, decedent's nephew (son of decedent's predeceased sister, Betty Couch). 4. On or about June 30, 2004, the appellant, Earl Dunkle, and Linda Rangel executed written Renunciations of the right to administer the decedent's estate and asked that Sandra Couch be issued Letters of Administration; Frank Couch executed the same Renunciation on or about July 2, 2004. See attached Exhibit "A." 5. Sandra Couch filed a Petition for Grant of Letters with the Register of Wills of Cumberland County, Pennsylvania, on or about July 14, 2004. See attached Exhibit "B." 6. The Register of Wills of Cumberland County, Pennsylvania, thereafter granted Letters of Administration to Sandra Couch by Decree of July 14, 2004. See attached Exhibit "C." 7. Subsequently, a document purported to be a will of the decedent entitled "Will and T esterment" was filed with the Register of Wills of Cumberland County, Pennsylvania, on March 4, 2005. See attached Exhibit "D." 8. On April 6, 2005, the Register of Wills of Cumberland County, Pennsylvania, issued an Order of the Register of Wills, dated April 1, 2005, which admitted the 'Will and Testerment" to probate, revoked the Letters of Administration granted to Sandra Couch and granted Letters of Administration c.t.a. to Sandra Couch. See attached Exhibit "E." 9. A register of wills has the power to revoke letters of administration upon the presentation of an after-discovered will and admit the will to probate. See In fe Kern's Estate, 212 Pa. 57, 61,61 A 573, 575 (1905); 20 Pa.C.S.A. fi 3181. 10. However, "[w]hen [an after-discovered will] is presented, the register should not act ex parte, but issue a citation to all parties interested in the estate; and they may then be heard as to the validity of the will and the consequent right of the register to issue letters testamentary." In fe Kern's Estate, 212 Pa. 57, 59, 61 A 573, 574 (1905). 11. Appellant received no notice that the purported will had been discovered until after the Register of Wills of Cumberland County, Pennsylvania, issued the Order of the Register of Wills, dated April 1 , 2005. 12. Appellant is not aware of any citation issued by the Register of Wills of Cumberland County, Pennsylvania, prior to the issuance of the April 1, 2005, Order of the Register of Wills. 13. The Register of Wills of Cumberland County, Pennsylvania, improperly acted ex parte by failing to issue a citation to all parties interested in the decedent's estate so that they may be heard as to the validity of the will. 14. Appellant is a party interested in the decedent's estate for the reason that, as the decedent's brother, he would receive one-third of the estate if the decedent died intestate but virtually nothing under the 'Will and Testerment." 15. Thus, appellant is a person aggrieved by the action of the register. 16. "If any person is aggrieved by the action of the register, he can have his rights determined in the usual way by an appeal." In fe Kern's Estate, 212 Pa. 57, 59, 61 A. 573, 574 (1905). WHEREFORE, the appellant respectfully requests that this court revoke the Letters of Administration, c.t.a., granted to Sandra Couch, and order the Register of Wills of Cumberland County, Pennsylvania, to open the probate record and issue a citation to all parties interested in the decedent's estate so that they may be heard as to the validity of the will. Respectfully Submitted, GATES, HALBRUNER & HATCH, P.C. ~~~ BY: Byron L. McMasters, Esq. PA Supreme Court 1.0. No. 92410 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 P: (717) 731-9600 F: (717) 731-9627 Attorneys for the Appellant RENUNCIATION .;ll- 04- ~v,~ In Re Estate of Clyrlp. F nl mkle , deceased. To the Register of Wills of Cllmhp.rl;mrl County. Pennsylvania. The undersigned, Fmnk A COIlr.h np.php.w (Relationship) (Capacity) , of the above decedent, hereby renounce(s) the right to administer the estate and respectfully ask(s) that Letters of Arlmjni~tmtion be issued to S~nrlra.1 COllr.h Witness my hand this day of ,20~. ~!tY Frank A. Couch 1?4 Fore~t Drivp." Mars PA 16046 (Address) f'- ""- J -, "J (Signature) (Address) (Signature) (Address) Swom to or affirmed and subscribed me this .;:2 day of <I I .2~. ~~ Notary Public My Commission ExPires: DA NOTARIAL SEAL WN M. SHUGHART, Notary PUb/ic Carlisle. Cumberland County My Commission Expires .N9~ m8 307610.J RENUNCIATION ;11- oil-- ~v~ In Re Estate of Clynp. F 01 mk!e , deceased. To the Register of Wills of ClJmherl~nd County, Pennsylvania. The undersigned, 1 innA RAng!'!' ni!'!ce (Relationship) (Capacity) , of the above decedent, hereby renounce(s) the right to administer th.e estate and respectfully ask( s) that Letters of Admini~tration be issued to Sannra.1 COllm 'lor::- Witness my hand this day of :r~ ,20~. " ~ig~2 Linda Rangel, Sand Pebble Village Apartments; 4480 Sirius Road. No. 331; La~ VP.ga~ NV 89102 ~ddreSS) 0 (Si9~ ~.struw ~ ~31 1..N, ~--M I \...\ V ~ IO.A (Address) ~,,~O (Signature> '-bl\i{'l:l ~ \ll..U.1.S ~ M"IJ3 1 ~ IJt<:Q-}d I ~\v' <;t:9 l~ (Address) . , ." "'1 Swom 10 or affirmed and subscribed before e this '"3 O~ day of Notary Public My Commission Expires: . MlCtlAELR. BODAK NOTARY PUBUC STATE OF NEVADA . r,!'?T, No. 94-3084-1 . "', .'.,.' "XPIAESJULY7.2006 .c-__ 307610.1 RENUNCIATION .;21 - 04'- (.,<., ~ In Re Estate of Clyde F OllnklA , deceased. To the Register of Wills of Cllmhp.rlAnd County, Pennsylvania. The undersigned, Richard Ollnklp. hrothf!r (RelatiDnship) (Capacity) , Df the above decedent, hereby renDunce(s) the right to administer the estate and respectfully ask(s) that Letters of AdministrAtion be issued to SAnrim.l COllch 0ll.Yu..- Witness my hand this ,~ day of , 20-M.... (\ fl.',L~ Q, [)~{J ( Ig~ure) ~ Richard Dunkle Watf!r RlrAA!' McVf'.ytown PA 17051 (Address) '" .., .cj (Signature) --',' ~..::; (Address) (Signature) (Address) ~ 1 I ?'CXYI- MlCIlIllM.COlYUl.DIS 1lACISTERW, DIS11UCI 20- lIOlJn \IHlOlI BIlRtl. ~ COOIm Il'f COOlIISSIOIt 0P1R{$ _1. ZllOll 307610-1 Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of Clyde F, Dunkle No.~I-Ol-\.--lo(O~ also known as , Deceased Social Security No. 182-14-1549 PIllilloner(S)....oo1sf1l...1a~ot.Ofolder,~(lesJ/or:. (COMPLETE "A" OR "B" BELOW:) A, Probate and Grant of Letters and aver that PeUtioner(s) islare the execut_ named in the Last Will of the Decedent. dated and codicil(s) dated o StateNlw"dI'CuTl~..g..~tla;Jth(JI_llQJIDr.etc. Except as fo{lows, Decedenl 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 Incompetent B. Grant ot Letters of Administration (c.la..d.b.n.l;.la.:pencI.ullt:d\lI'8I'U.bwI1la:d\nIf.mInl;wllQle) [) PeUlioner(s) after a proper search haslllave ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: I Name Relationship Residence I Sandra J. Gouch I Niece 316 Walnut Dale Rd.: Shlppensburg, PA 17257 Richard Dunkle Brother Water Street McVeytown, PA 17051 Earl M. Dunkle Brother R.D. 1. Box 327: Mount Union, PA 17056 Unda Rangel Niece sand Pebble Village Apat1ments; 4480 SIrius Rd., #331: Las Vegas. NY 69102 Frank A. Couch NepI1ew 124 Forest Drive: Mars. PA 16046 (COMPLETE IN ALL CASES:) Allach additional sheelS If necessary, 'NOTE: Decedent was not survived by Issue. In addition, his spouse, Sylvia R. Dunkle, died In 1990. Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/llef last family or principal residence at 316 Walnut Dale Road. Shiooensbura Post Office. Southampton Township -.sueet.fllmIlefandmlDdpalty) Decedent. then ~ years of age, died Mav 11 . 20JM... at 316 Walnut Dale Road. Shiooonsbura. Southampton Two. Cumberland Ctv lLoellionJ Decedent at death owned _property with estimated vaJues as follows: (If domiciled In PAl All personal property ; 150,000.00 (If not domiciled in PAl Personal property In Pennsylvania ; (a not domiciled in PAl Personal property in County ; Value of real estate in Pennsylvania ; 40,000.00 Total ; 190,000.00 Real Estate sibJated as follows: 316 Walnut Dale Road. Shlooensbura Post Office. Southamoton Township. Cumberfand County. Pennsvlvania )"- Wherefor", Petitioner(s) respec1fully request(s) the probate of the last Will and Codlcil(s)1l'esented with this Petition and the grant of letters In the appropriate form to the undersigned: 1 ~. . PL 1!yjied tttlinted name and residence , ,. . Sandra J. Coucl\; 316 Walnut Dale Road; Shippensburg, PA 17257 FormRW.1P.lof2 (O"'Ullt*\~-R8't.Q/'92) 307608-1 Oath of Personal Representative Commonwealth of Pennsylyania County of Cumberland 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 knowledge and belief of Petitioner(s) and that, as personal representatiye(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 \ ~ day of ~ ,20,jJL JVJ~~c~~~ fU~ 1't126'I-i.ljO ~ L ~_~ DECREE OF REGISTER Estate of also known as ~ ~( ~ / I , \u~~,. ~"l, c c. r.- ..C:::" , Deceased "-'...1I-C1-\. - ~.;). . . Clyde F. Dunkle No. Social Security No: Date of Death: May 11 . 2004 AND NOW, ~~ 19- ,20...M.-, in consideration of the Petition on the reverse side ~n, sa sfactory proof having been presented before me, IT IS DECREED that Letters _ Testamentary ..x.. of Administration are hereby granted to tt.La.:d.b.nt.l;penclet'&ellll;d~a.na;dInr&.m~) Sandra J. Couch in the above estate and that the instrument(s), if any, dated N/A described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES Letters. .................. ........ Short Certificate(s).......... Renunciation..... '" .......... Affidavit ( )................. Extra Pages ( )............ Codicil.......................... JCP Fee........................ Inventory & Tax Forms... Other............. ............... TOTAL................ FOf\TI R'o'M P~2012 (C>>Iup/lillCo\ny_R.....Q/82) $~,~.CX) $ \';>'.00 $.20 . 00 $ $ $ $la.CD $ $ Attorney: Jered L. Hock. Esauire 1.0. No: 19211 Address: 3211 North Front Street PO Box 5300: Harrisburq. PA 17110-0300 Telephone: (717) 238-8187 DATE FILED: ,- 14- - 02004- $.a::tl.oo ,. ,/,15 FAX 7172349478 lIlWK&E BGB PA ~003 .-" AND TES'1'ERME!iJ! . MY IJ6cTOtlS GA.VE ME NEWS THAT DON'T MAKE: ME HAPPr. T!lli.'Y CLAIM TREY FAILED TO REMOVR ALL CANCER Jl'ROM MY SllOULDRR. I AM llEFUSnm RADIATIOIf. DOCTORS HAVli: NOT MUCH SUCCESS WITH TllAT THERAPY. I HOPE I AM NOT ON MY WAY OUT. IF SOMETHING WOULD HAPPEN TO ME I WANT MY BROTHER E}\RL Dt1NKLli: AlID MY SISTER ~ COUCH'S CIOLDREN - SANDRA - FlIA.NK - AllD LINDA TO SHARE EQ.UALLY MY HOLDINGS. MY HOLDINGS ARE sm'."EI!AL BAm\ ACCOUNTS AND CERI'IFGATES OF Dl!:P-JSIT. GOVERNMENT BONDS, GP....ND PRIX AUTOMOBJLE, ONE rm, llOUSEffJLD CONTENT, GOINS AND FOlJ1l CATS. FREID RAMSIn AND MYSEr,F SHARE THE HOUSE AND A LOT AT 316 wALNUl' DALE ROAD. I OlIN TIlE Tl1AILER AND CAROElT TOOLS, 00'lE SBEDS AND GUNS STOBED INSIDE. POOKE'l'KND'ES TOO. MY TULIPS ----~----_."--------- COME UP IN APRIL. A FEW ARE DEEP PURPLE. TlIl'JR!!: AIlE SEVEBAL JAn\m:sE CHERRY TllEES. THEY DO NOT PRODUCE CllEllRIES. PAVON IS BURIED m.'NEEN" TRE llOLLY TREES. m:R llOUSE IS STILL Ol1l" 1W:1C. GIVE rr TO SOMEONE WITH A lXXI, MY GATS EAT DAD'D :00:; FOOD T1fJ1iY LIKE IT BE'1'TEH TR4N CAT FOOD. THERE ARE TWO CALICO Fl!I'lALES, ONE GRAY MALE rmH FOUR WllITE FEET, AND A. LONG HAIREiD-BtACt{MAL"E-:- ~'S lODS WILL Lm TlU!:M. I lOLL Pl1r TIM'! IN CHARGE OF MAKING SUl'lE T!lll: GATS ARE FED AlID CARIi:D FOR. WHEN SALLY Dn:D WE w.D Jom BURIAL SPACES. I EXPliXJT TO m: BURIED NEXT TO!lER. I HAVE LlFE INSURANCE WITH SI<F.. VFW S1IOUL.lJ PAY otrr TOO. I WANT mARL TO GIVE FRED RAMSEY MY SATELLITE DISH8:S AND MY KEl'lOSUN HEATEllS. I AM INVOLVE!J WITH TIlE SENIOR CITIZEN CENTER ON FA~ 1;.=.1: IN SHIPPENSJ3URG. EARL CAN USE HIS DIOOllEE'l'IOIi AND MAKE AN APROFRIATE DONATION TO '1'HH: SENIOR CEN'l'ER, I SEE EARL AND S4NDIlA ~ TIlEY SEnl TO CARE' AllOur ME. I'LL LEn' ~ TAKE CARE OF ANY BlLLS THAT NEI!ID PAID. I R6.VE SEVERAL Dul!alJSSTING BOOKS ON BJ;:N FRANKLll'f. I WAS NAMED FOR 1illf , CLYDE FllANlCLIN DUNKLE. T!lll: HOUSE AND LarS Am: LONG PAID OFF. I HAVE A HALF BROTHI!."I RICHARD DUNI<LE. I HAVE NOT SPOKEN ltrrH HIM FOR 5A1IY YEARS. I 'Om NOT LF.AVE ANYTHING FOR HIM - IF J!'ABL WANTS TO GIVE RICHARD MY CAR '!'HAT IS OKAY BY ME. I WILL IJilAVE THE DECIilSION ABOUT THE CAR UP TO EA.RL. RICHARD IS A FELLOW WHO USES HIS FISTS TO SETTLE MATTl!:RS EVm WITH OUR MOTHER. Bl!: SURE AllD NOT GIVE HlM THE GUNS OR ro:lkE'l'KNIVES. 80 THAT IS IT. IWn.L CONTINUE SO ENJOY MY OUTINGS TO TIlE SENIOR CENTER AlID THE CASlNO TRIPS. MY CAT HAB JIJoiPED ON THE TAllLl!: SEAKING AT'ImlTION. I WlLL GO AND FEED HDl. BEST WISHES TO ALL. JUNE 12, 2(0) I AM OF SOUND M:mD AND HOPEFULLY OF SOUND BOD'! LPfi,:f, ~r~ BEFORE THE REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF CLYDE F. DUNKLE, DECEASED NO 21-04-0662 ORDER OF THE REGISTER OF WILLS AND NOW, this 1st day of April, 2005, Letters Testamentary in the Estate of the above-named decedent having been granted on July 14, 2004 to Sandra J. Couch in the Estate of the above-named Decedent, and the instrument dated June 12,2003, having been admitted to probate as a discovered Will of the above- named Decedent, it is hereby ordered that the Letters of Administration previously granted are hereby revoked and Letter of Administration c,La. are granted. Glenda Farner Strasbau Register of Wills CC: Jered L. Hock, Esquire <~ :Q ''''' ;::;;'::'1 2~ ~:- . :....'-~ o --~. ::? " .::: m .." i~fi ,~-'- :;':;';1 c-; =8 o ,on '~~ (-'> \~ " VERIFICATION The foregoing Petition for Appeal of the Order of the Register of Wills is based upon information which has been gathered by my counsel in preparation of the lawsuit. The language of the document is that of my counsel and is not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of my counsel, I have relied upon my counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa.C.SA ~4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. R~e 'If ./ Date: (p/ - (j 7 CERTIFICATE OF SERVICE I, Byron L. McMasters, Esquire, of the law firm of Gates, Halbruner & Hatch, P.C., hereby certify that I served true and correct copies of the foregoing Petition for Appeal of the Order of the Register of Wills on this date via Certified Mail upon the following: Register of Wills of Cumberland County, Pennsylvania Hanover and High Streets Carlisle, PA 17013 Jared L. Hock, Esquire Metzger, Wickersham, Knauss, & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, P A 17110-0300 (Attorney for the Estate of Clyde F. Dunkle) Sandra J. Couch 316 Walnut Dale Road Shippensburg, P A 17257 Earl M. Dunkle R.D. 1, Box 327 Mount Union, P A 17066 Linda Rangel Sand Pebble Village Apartments 4480 Sirius Road, Apt. 331 Las Vegas, NY 89102 Frank A. Couch 124 Forest Drive Mars, P A 16046 Date: 0/9/ os- ( GATES, HALBRUNER, & HATCH, P.C. B_e~~-- Supreme Court 1.0. # 92410 1013 Mumma Road, Suite 100 Lemoyne, P A 17043 (717)731-9600 - IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY ORPHAN'S COURT DIVISION IN RE ESTATE OF CLYDE F. DUNKLE,: Deceased No. 21-04-0662 CITATION AND NOW, thi~ day ~&A9 ,2005, a citation is hereby issued upon the Estate of Clyde F\Dunkle and any and all parties in interest to show cause why the relie~ested in th~ ap~d n~@t~e.~aid, rule is returnable on t.,,,, elay ~ , 209S, at. .111. ill Courtroom nf tn~ ~r 'r:t:\eeFlaAa CSYl1bj C9YrtM\:J.&&:- GhI05- ~1U:1) Tots! l1-R.f1) !in Q, ESQ. J 0AiJl:>R4- 0:. G.c CLtH- +1ZEb A ,&ULH j J t1\-RLl'\\.: DJ..NKJL, LII\J DA-f<A1\lG l2L ENV:-PRDlJlbt[) 5'-1 ATT'/. Vil~ ~SCrRTlfiE:1) ..--'~ ~~~ -:;-:) -, :r: () ;:r:~".: l;:;:', >" G' ~.~.' 0) ,f'.: \~t:" ~ ~'-/') D~ "' 0 "6'\ ~ z ~~O~ D~ .... cj ...... E ~ E .g i \t: "0 i OJ "' '0 c <1l .c "' ~ ~ ~ 0 E .... a. oa Ow ~ ~ i~d o..aQ ~~(,) 000 >< ~ OJ .0 i "0 "0 <1l ~ > ~ "0 ~-E~2 ~ ~5i 'i<2. ~ ffi " "0)- ~ !!!. "" ai d '" sr u:.. i ~ OJ Oiij Oiij o~ 2i~~~ ~ j?:" ~ ~ ~ ~ QJ~.!!l:;o OQ)~",O- oh;~ ! oS ~ :Q. __ Q) g o~ -; <.) ooo.r. >- Q) J g-8~.s-E ;. C{.!!l ~"E '0 %l MW~~~~ -g .~ "'0 ~ 13 0- <llCii-g....Q)Gl C\io"'OE~g .,..:~ffi~Bg. 12 r.noQ)'--o~ ~~~\ij~c :t::Q)cocne 2~3~:C~ t:; g,1ii;~ EEc:~g5 8~itg:i5 . Cf ~}- I) - V) n "::t v 'i .v ro iJ If -::r:: 0 lJ) ,'- u. ..J ~ gj ~ "0 ~ ;>< :2 0 cD ,/ v ry OJ \ ~ I~ -.i f'- ..D IT" (T\ (T\ f'- f'- U1 :::r r::J r::J r::J r::J ~ ,....:l (T\ (T\ r::J r::J f'- ~ .!l! OJ <> .~ QJ Ii; !J) .0 E ~g z~ ~ ~ ~& j....J. '. . 1 ...:. (.,1 ..j.. (..1 . (.J en () Cll ::J ruZ. a. Cll :: - () - - t) " -, "71 - ~ - SO 0 Ql - ~ 0- - a. - CD ~ (JI ~. (JI u \ t" ' Z. Ql ~ - U'J ~ .~ n j: 'FA - (:) , ~ C i - '"4 , - -i S' - ..... ~~~, g i 3ro i\!~ . dl ~ , ~ '~~ o (J) "'0 D> a: INRE: ESTATE OF CLYDEF. DUNKLE,: deceased IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-04-0662 . ) REPLY OF ADMINISTRATRIX eTA TO PETITION FOR APPEAL OF ORDER OF REGISTER OF WILLS AND NOW, within the time for response agreed to by counsel for Petitioner-Appellant and counsel for Administratrix CT A, comes Administratrix CT A, Sandra J.. Couch, by and through her attorneys, Metzger, Wickersham, Knauss & Erb, P.c., and files this response to Petition for Appeal of Order of Register of Wills as follows: 1. Admitted on information and belief. 2. Date of death and residence of Decedent admitted. Denied that he died intestate. On the contrary, although an initial diligent search disclosed no Will, thereafter, during the course of necessary repairs to Decedent's residence many months after he had died, Decedent's Will, which has now been duly admitted to probate, was discovered. 3. (a)-(e) Admitted only that Decedent is survived by the persons alleged. Denied that Petitioner-Appellant is Decedent's brother; on the contrary, he is a half-brother of Decedent. Denied that Petitioner-Appellant has any interest in Decedent's estate, as Decedent specifically wrote Petitioner-Appellant out of his Will for reasons set forth therein. 4. Admitted. By way of further answer, at that time, the Will had not been discovered. By way of still further answer, Richard Dunkle, who is currently the Petitioner- Appellant, had also executed a written Renunciation of the right to administer the decedent's 330662-1 V' estate and asked that Sandra Couch be issued Letters of Administration, as set forth in one of the Renunciations included in Exhibit A to the Petition. 5. Admitted. By way of further answer, her filing was with the consent and agreement of present Petitioner-Appellant, who had renounced any right to serve as Personal Representative and nominated Ms. Couch for the position. By way of still further answer, at that time, the Will had not been discovered. 6. No answer required; the record speaks for itself. 7. Denied as stated. On the contrary, on March 4,2005, the Will of Decedent, which he called "Will & Testerment" was filed. This filing followed earlier submittal of a faxed copy of the same to the Register of Wills and discussion regarding the same with at least Margie in the Register of Wills Office and also followed referral to the Register's Solicitor, who, according to information and belief, had indicated that the Will was appropriate for probate and that Sandra J. Couch should be named as Personal Representative and more specifically Administratrix CT A because of Decedent's designating her and his brother Earl Dunkle for the position and because of Earl Dunkle's having previously renounced his right to serve in favor of Ms. Couch, his niece. 8. No answer required; the record speaks for itself. 9. Conclusion oflaw, no answer required. If an answer is required, the power ofthe Register to revoke Letters of Administration rests upon the statutory basis cited, 20 Pa.C.S.A. 3181, and not upon In re: Kern Estate, 212 Pa. 57, 61 A.2d 573 (1905), a 100-year old decision not believed to have been cited by any Pennsylvania court for over 52 years. 10. Impertinent, no answer required. The quoted passage for Kern is dictum. The holding of that century-old case is that, in the facts therein pertaining, the Register and Orphans' Court had erred in not revoking earlier Letters and issuing new Letters once the Will was 330662-1 2 discovered subsequent to the earlier granting of Letters at a time when it was believed there was no will. Further, currently applicable law set forth at 20 Pa.C.S.A. 9 3181 does not require notice to heirs before revocation of earlier Letters and before issuance of new Letters in connection with the probate of an after-discovered will. In this respect, the said procedure for revocation of Letters and issuance of new Letters is precisely the same as the procedure for probating a will in the usual case where there had been no earlier Letters issued based upon an erroneous belief of intestacy. Further, when wills are probated, Orphans' Court Rule 5.6 requires notice to certain heirs within three (3) months after probate, but no notice before probate. 11. Impertinent for reasons set forth in Paragraph 10 above and incorporated herein by reference. By way of further answer, at 2:10 p.m. on April 13, 2005, counsel for the Administratrix CTA called for Attorney Craig Hatch of the office of Plaintiffs counsel and left a voice message for Mr. Hatch to call undersigned counsel. Mr. Hatch called either later that day or at the start ofthe next morning and was advised of the probate; said advising was out of courtesy, rather than legal requirement, as Mr. Hatch was representing the present Petitioner- Appellant in connection with this estate. Then on April 14, 2005, counsel for the Administratrix CTA faxed and mailed copies of the "Will & Testerment" to Mr. Hatch, so that there was very prompt notice to Petitioner-Appellant, although the same was not legally required. 12. Impertinent. No law requires such a citation, and tellingly, Petitioner-Appellant does not even attempt to cite any current, subsisting law which would purportedly require the same. 13. Conclusion of law, no answer required. If an answer is required, denied. On the contrary, the action ofthe Register was in conformance with law and her duties in connection therewith. 330662-1 3 14. Denied as stated. On the contrary, Petitioner-Appellant is a half-brother of Decedent. Petitioner-Appellant's allegation that he is a party interested in the Decedent's estate is a conclusion of law and no answer is required. If an answer is required, the same is denied. Denied also that Petitioner-Appellant would receive even "virtually nothing" under the "Will & Testerment." On the contrary, pursuant to the "Will & Testerment," Decedent is, at best, mentioned only precatorily, rather than in any fashion which gives him any right to even a minimal portion of Decedent's estate. 15. Conclusion of law, no answer required. If an answer is required, denied that Petitioner-Appellant is aggrieved. On the contrary, Decedent would have been aggrieved ifhis Will had not been found and probated because, without the probate of his Will, his half-brother, Petitioner-Appellant herein, with whom Decedent indicates he had not spoken for years and to whom he did "not leave anything for him" would have inherited a portion of the estate against Decedent's clear wishes. 16. Impertinent and denied for reasons set forth in paragraphs 10, 11, 14, and 15 above and herein by reference. WHEREFORE, Respondent respectfully requests that this Court dismiss the Petition of Richard Dunkle and to grant such further relief as is just and proper. NEW MATTER 17. Although an initial diligent search disclosed no Will, thereafter, during the course of necessary repairs to Decedent's residence many months after he had died, the "Will & Testerment," which has now been admitted to probate, was discovered. 330662-1 4 18. Petitioner-Appellant is not Decedent's brother; on the contrary, he is a half- brother of Decedent. 19. Petitioner-Appellant Richard Dunkle executed a written Renunciation of the right to administer the Decedent's estate and asked that Sandra Couch be issued Letters of Administration, as set forth in one of the Renunciations included in Exhibit A to the Petition. 20. (a) On March 4,2005, the document called "Will & Testerment" was filed with the Register. (b) This filing followed earlier submittal of a faxed copy of the same to the Register of Wills and discussion with at least Margie (on information and belief Margie A. Wevodau) in the Office ofthe Register of Wills and also followed referral to the Register's Solicitor, who, according to information and belief, had indicated that the Will was appropriate for probate and that Sandra J. Couch should be named as Personal Representative. (c) On or about April 6, 2005, the Register of Wills issued an Order admitting this "Will & Testerment" to probate. (d) The aforesaid document called "Will & Testerment" was signed by Decedent. (e) The aforesaid document called "Will & Testerment" was the Will of Decedent. 21. (a) On or about Thursday April 7, 2005, the Register of Wills mailed the Certificate of Grant of Letters to counsel for the Administratrix CT A. (b) On the afternoon of April 13, 2005, counsel for the Administratrix CT A called for Attorney Craig Hatch ofthe office of Plaintiffs counsel and left a voice message for Mr. Hatch to call undersigned counsel. 330662-1 5 ( c) Mr. Hatch called either later that day or at the start of the next morning and was advised of the probate. (d). Said advising was out of courtesy, rather than legal requirement, (e) Mr. Hatch had previously notified counsel for the Administratrix that he was representing Richard Dunkle, the present Petitioner-Appellant, and that communications from the Administratrix' counsel to Richard Dunkle should be through the office of Mr. Hatch. (f) On April 14, 2005, counsel for the Administratrix eTA faxed and mailed copies ofthe "Will & Testerment" to Mr. Hatch, so that there was very prompt notice ofthe probate to Petitioner-Appellant. 22. (a) Decedent had not spoken to Petitioner-Appellant for many years prior to Decedent's signing the "Will & Testerment." (b) In the alternative, Decedent had not spoken to Petitioner-Appellant for at least five (5) years prior to Decedent's signing the "Will & Testerment." (c) In the further alternative, Decedent had not spoken to Petitioner-Appellant for at least three (3) years prior to Decedent's signing the "Will & Testerment." (d) In the further alternative, Decedent and Petitioner-Appellant were not on friendly terms for some time prior to Decedent's signing the "Will & Testerment." 23. As of the purported date of the "Will & Testerment," Decedent and Richard Dunkle were not on speaking terms. 24. As of the purported date of the "Will & Testerment," Decedent and Richard Dunkle were not associating with each other. 330662-1 6 25. The power of the Register to revoke Letters of Administration rests upon the statutory basis cited, 20 Pa.C.S.A. 3181, and not upon In re: Kern Estate, 212 Pa. 57,61 A.2d 573 (1905), a 100-year old decision not cited by any Pennsylvania court for over 52 years. 26. The wording cited by Petitioner-Appellant from Kern Estate, supra, is dictum. 27. No provision of the Probate, Estates, and Fiduciaries Code, 20 Pa. C.S.A. 101 et seq., requires notice to parties in interest or any other parties before probating a Will. 28. According to law, as set forth in Orphans' Court Rule 5.6, within three (3) months after the grant of Letters, the personal representative to whom original letters have been granted is required to send a written notice of estate administration to designated parties. 29. The claims and legal contentions in Petitioner-Appellant's Petition are not warranted by existing law or by a non-frivolous argument for the extension, modification, or reversal of existing law or the establishment of new law, in that, i.a.: (a) The power ofthe Register to revoke Letters of Administration rests upon the statutory basis cited, 20 Pa.C.S.A. 3181, and not upon In re: Kern Estate, 212 Pa. 57, 61 A.2d 573 (1905), a 100-year old decision not cited by any Pennsylvania court for over 52 years. (b) The wording cited by Petitioner-Appellant from Kern Estate, supra, is dictum. (c) No provision of the Probate, Estates, and Fiduciaries Code requires notice to parties in interest or any other parties before probating a Will. (d) According to law, as set forth in Orphans' Court Rule 5.6, within three (3) months after the grant of Letters, the personal representative to whom original letters have been granted is required to send a written notice of estate administration to designated parties. 330662-1 7 30. The actions and contentions of Petitioner-Appellant as aforesaid constitute obdurate, arbitrary, or vexatious conduct or conduct in bad faith within 42 Pa. C.S.A. 2503 (6) and (9) and other applicable law. 31. The actions and contentions of Petitioner-Appellant as aforesaid are not warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law within Pa. R.c.P. 1023.1 and other applicable law. 32. The Estate and its Personal Representative are entitled to counsel fees and expenses because of the actions of Petitioner-Appellant. 33. Petitioner-Appellant has failed to post bond in this matter. WHEREFORE, Respondent respectfully requests that this Court dismiss the Petition of Richard Dunkle and to grant such further relief as is just and proper, including but not limited to attorney's fees, costs, and expenses. METZGER, WICKERSHAM, KNAUSS & ERB, P.c. BY:~ J ere L. Hock, Esquire Attorney J.D. No. 19211 3211 North Front Street P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Date: July~, 2005 Attorneys for Respondent 330662-1 8 VERIFICATION The undersigned hereby certifies that the facts set forth in the foregoing Reply to Petition for Appeal of the Order of the Register of Wills are true and correct to the best of her knowledge, information, and belief and further states that false statements herein are made subject to the Date: June Jlt 2005 330662-1 . . CERTIFICATE OF SERVICE AND NOW, this <;; ----day of July, 2005, I, Jered L. Hock, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Respondent, hereby certify that I served a true and correct copy of Reply to Appeal of Order of Register of Wills by first class mail, postage prepaid, on the following: Byron L. McMasters, Esquire Gates, Halbruner & Hatch, P. C. 1013 Mumma Road, Suite 100 Lemoyne, P A 17043 Glenda F. Strasbaugh Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Sandra J. Couch 316 Walnut Dale Road Shippensburg, P A 17257 Frank Couch 124 Forest Drive Mars, P A 16046 Earl M. Dunkle R.D. 1, Box 327 Mount Union, P A 17066 Linda Rangel Sand Pebble Village Apartments 4480 Sirius Road, #331 Las Vegas, NY 89102 B~ J ered L. Hock, Esquire 330662-1 IN RE: ESTATE OF CLYDE F. DUNKLE,: '=tleceased IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-04-0662 PETITION OF ADMINISTRATRIX eTA TO REQUIRE POSTING OF BOND AND NOW, comes Administratrix CTA, Sandra J. Couch, by and through her attorneys, Metzger, Wickersham, Knauss & Erb, P.C., and files this Petition pursuant to 20 Pa.C.S.A. 908 ' and other applicable law. TO THE HONORABLE, THE JUDGES OF SAID COURT: 1. The death of Decedent Clyde F. Dunkle occurred May 11,2004. 2. Despite diligent search, no Will was found in Decedent's safety deposit box or in any of his known or uncovered locations for placing the same. 3. Accordingly, his intestate family, consisting of his brother Earl Dunkle, the children of a deceased sister (other than Sandra Couch, one of those children, who is the Administratrix CT A and Petitioner herein), and Richard Dunkle, a half-brother (who recently filed the Petition hereafter designated) all renounced their right to administer the estate and nominated Sandra J. Couch as Administratrix, for which position she qualified. 4. Subsequently, when necessary repairs were being made to the home of Decedent, his "Will & Testerment" was located. 5. Following conferences with the Office of the Register of Wills, whose staff indicated they had consulted with their solicitor and that it had been determined that probate would be proper, the "Will & Testerment" was presented for probate in early April 2005. 331170-1 6. Promptly upon receipt of the mailing containing the Grant of Letters relating to the "Will & Teterment," undersigned counsel for personal representative Sandra J. Couch notified Richard Dunkle, through the office of Gates, Halbruner & Hatch, P .c., whom he had previously engaged in this matter, said notification providing word of the probate and said notification being made by telephone, fax, and mail no later than April 14, 2005. 7. In the "Will & Testerment" dated June 12,2003, Decedent stated, La., "I have a half brother Richard Dunkle. I have not spoken to him for many years. I did not leave anything for him - if Earl wants to give Richard my car that is okay by me. ... Richard is a fellow who uses his fists to settle matters even with our mother. Be sure and not give him the guns or pocket knives." 8. On or about June 12,2005, Richard Dunkle, through the aforementioned firm representing him, filed a "Petition for Appeal ofthe Order of the Register of Wills." In his Petition for Appeal, Richard Dunkle contends, as the basis for his appeal, that he should have received notice of the "Will & Testerment" before it was probated and, and in support thereof, cites only dictum from a century-old case In Re: Kern's Estate, 212 Pa. 57,61 A.2d 573 (1905), which case appears not to have been cited by any Pennsylvania court for over 52 years. 9. No provision of the Probate, Estates, and Fiduciaries Code, 20 Pa. C.S.A. 101 et seq., or of any other statute requires notice to parties in interest or any other parties before probating a Will. 10. According to law, as set forth in Orphans' Court Rule 5.6, within three (3) months after the grant of Letters, the personal representative to whom original letters have been granted 331170-1 2 is required in certain instances to send a written notice of estate administration to designated parties. 11. The claims and legal contentions in the Petition for Appeal of Richard Dunkle are not warranted by existing law or by a non- frivolous argument for the extension, modification, or reversal of existing law or the establishment of new law within Pa. R.c.P. 1023.1 and other applicable law, in that, i.a.: (a) The power ofthe Register to revoke Letters of Administration rests upon the statutory basis cited, 20 Pa.C.S.A. 3181, and not upon In re: Kern Estate, 212 Pa. 57, 61 A.2d 573 (1905), a 1 DO-year old decision not cited by any Pennsylvania court for over 52 years. (b) The wording cited by Petitioner-Appellant from Kern Estate, supra, is dictum. (c) No provision of the Probate, Estates, and Fiduciaries Code requires notice to parties in interest or any other parties before probating a Will. (d) According to law, as set forth in Orphans' Court Rule 5.6, within three (3) months after the grant of Letters, the personal representative to whom original letters have been granted is required in certain instances to send a written notice of estate administration to designated parties. 12. The actions and contentions of Richard Dunkle as aforesaid constitute obdurate, arbitrary, or vexatious conduct or conduct in bad faith within 42 Pa. C.S.A. 2503 (6) and (9) and other applicable law. 331170-1 3 13. The Probate, Estates, and Fiduciaries Code states at Section 908 thereof, 20 Pa.C.S.A. 908, Appeals, i.a.: ****** (b) Bond.-- The court, upon cause shown and after such notice, if any, as it shall direct, may require a surety bond to be filed by anyone appealing from a decree of the register conditioned for the payment of any costs or charges that may be decreed against him. The sufficiency ofthe surety shall be determined by the register in the first instance, with right of appeal to the court. If a bond in compliance with the final applicable order is not filed within ten days thereafter, the appeal shall be considered abandoned. ****** 14. It is respectfully suggested that the only reason for Richard Dunkle's appeal is to cause delay and turmoil among his family members, as Petitioner puts forth no good reason for filing the Petition, citing only dictum in a one-hundred year old case calling for a "haring" before an after-discovered will is admitted to probate. 15. Even if Petitioner had spoken to Decedent more recently before Decedent's passing than the time articulated in the "Will & Testerment," which it is anticipated will be a contention of Richard Dunkle's, his likely claim of more recent contact with Decedent is no ground for setting aside the "Will & Testerment." 16. The Administratrix has been required to expend monies for legal fees and expenses as a result ofthe appeal, with research, correspondence, conferences, drafting and dictating Petitions and responses to the same, having taken at least seven (7) hours' time, which at $165 an hour amounts to $1155. In addition, if a hearing is required in this matter, it would be anticipated to include two (2) days' work for preparation and proceeding could easily be involved, resulting in still further fees, so that it is anticipated that fees in this matter could easily reach $3500 to $4000, plus expenses in the range of $1 00 at least. 331170-1 4 17. Further, the Court itself must devote time to this appeal, not based upon any statutory ground, with a court reporter potentially involved and with the involvement ofthe judge and other court personnel. 18. Undersigned counsel is advised by the Office of the Register of Wills that bonds with that Office are normally required at twice the value of personal property. 19. In this case, the personal property of Decedent has been valued at $258,078.66. 20. Accordingly, bond should be required in the amount of$516,157.32. 21. The bond would appropriately be in the form provided herewith as Exhibit "A" and incorporated herein by reference. WHEREFORE, Petitioner Sandra J. Couch, Administratrix CTA of the Estate of Clyde F. Dunkle, respectfully requests that this Honorable Court dismiss the Petition of Richard Dunkle and grant such further relief as is just and proper, including but not limited to attorney's fees, costs, and expenses and requests further that, ifthe Petition of Richard Dunkle is not dismissed at this time, the Court require Richard Dunkle to post bond in the amount of$516,157.32. In the further alternative, Petitioner Sandra J. Couch, Administratrix CT A of the Estate of Clyde F. Dunkle, respectfully requests that this Honorable Court issue a Rule upon Richard Dunkle to show cause why he should not be required to post bond in this matter. WICKERSHAM, KNAUSS & ERB, P.C. ~/L.~~~ By: Jered L. Hock, Esquire Attorney J.D. No. 19211 3211 North Front Street P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Date: July 2, 2005 Attorneys for Administratrix CT A 331170-1 5 Register of Wills of Cumberland County BOND AND SURETY FOR PERSONAL REPRESENTATIVE Estate of Clyde F. Dunkle No. 21-04-0662 Also known as , Deceased KNOW ALL BY THESE PRESENTS, that Richard Dunkle as Principal and as surety (sureties) are held and firmly bound unto the Commonwealth of Pennsylvania in the sum of Five Hundred Sixteen Thousand One Hundred Fifty-Seven Dollars and Thirty-Two Cents ($516,157.32) to be paid to the Commonwealth, for which payment we do bind ourselves, jointly and severally, our heirs, executors, administrators \ and successors, the condition of this obligation being that if Richard Dunkle is successful in his current appeal, so that the probate of the "Will & Testerment" of Clyde F. Dunkle, heretofore probated, is set aside, then this obligation shall be void as to the said Richard Dunkle, Appellant from probate, and his surety or sureities; but otherwise it shall remain in full force. Signed and sealed this _ day of ,2005, each intending to be legally bound hereby. Richard Dunkle, Appellant (SEAL) Signature of Bonding Agency VERIFICATION The undersigned hereby certifies that he is the attorney for Sandra J. Couch, Administratrix CT A for the Estate of Clyde F. Dunkle, deceased, and that the facts in the foregoing Petition are true and correct to the best of his knowledge, information, and belief. He further states that the Verification of his client cannot be obtained within the time required for the filing of this pleading and that he is authorized to make this Verification. He further states that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. ~~ J ered L. Hock, Esquire Date: JulY~, 2005 331170-1 CERTIFICATE OF SERVICE ",/ AND NOW, this L day of July, 2005, I, Jered L. Hock, Esquire, ofthe law firm of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Respondent, hereby certify that I served a true and correct copy of Petition of Administratrix CTA to Require Posting of Bond by first class mail, postage prepaid, on the following: Byron L. McMasters, Esquire Gates, Halbruner & Hatch, P. C. 1013 Mumma Road, Suite 100 Lemoyne, P A 17043 Glenda F. Strasbaugh Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 Sandra J. Couch 316 Walnut Dale Road Shippensburg, P A 17257 Frank Couch 124 Forest Drive Mars, P A 16046 Earl M. Dunkle R.D. 1, Box 327 Mount Union, P A 17066 Linda Rangel Sand Pebble Village Apartments 4480 Sirius Road, #331 Las Vegas, NY 89102 ~.. By: J ered L. Hock, Esquire 331170-1 IN RE: ESTATE OF CLYDE F. DUNKLE IN THE COURT OF COMMON PLEAS OF 21-04-0662 ORPHANS' COURT ORDER OF COURT AND NOW, this u'l.-- day of July, 2005, a second Citation is issued against all parties to show cause why this case should not be heard before the Register on a petition to revoke the current Letters of Administration c.t.a. to Sandra Couch. Rule returnable fifteen (15) days after service. Byth c;,~:-~ ,::./) , Edgar B. Bayley, . / :sal (_..i (,,1 '>1 . , ('-.! t,',. , c;- ~~l C_,\ '7/2-2/05 fYLf.Hl2:D ID: "BYRoN IV\: rYlETl:'R.s, 'J"~[) JE:f(El) ~cK)::SQ.. GU:ND4 r-A~E:1{ 0Tf~~BA~I-I, Kl~ 1l0..N k..l.Sj 0A-NDf\.A- J". COLlUl) tf\ttNK,COLLtW) ~L M. DWJK..L.f:oJ 11 f-J DA-RAN~a. VI~ l1SPS. . n~ ~~ @~ ,Si~ :Q <E ~~ '24: r::r-Td: N ::i':;;;' -C:-..:t: INRE: ESTATE OFCLYDEF. DUNKLE,: deceased IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA ORPHANS' COURT DIVISION NO. 21-04-0662 CIT A TION AND NOW, this ~~of , 2005, upon the Petition of Sandra J. Couch, Administratrix CT A of the Estate of Clyde F. unkle, and the representations therein contained, a citation is hereby issued upon any and all parties of interest to show cause why r the relief requested in this Petition should not be granted. Said Rule is returnable ~ days after service. (~ "' '-"') BY THE COURT: 1...1 ' (- ; 11_ L'.._ I C_"J C~~ ,- II_it, (.: U:.. o c...:) LI_j D_~ " c- l , . J. If; , , u Mailed to: Byron L. McMasters; 1013 Mumma Road, Suite 100; Lemoyne, PA 17043 Jered L. Hock; 3211 North Front Street; PO Box 5300; Harrisburg, PA 17110-0300 Glenda F. Strasbaugh; Cumberland County Courthouse; 1 Courthouse Sq.; Carlisle, P A 17013 Richard Dunkle; 24 South Water Street; McVeytown, PA 17051 Sandra J. Couch; 316 Walnut Dale Road; Shippensburg, P A 17257 Frank Couch; 124 Forest Drive; Mars, PA 16046 Earl M. Dunkle; R.D. I, Box 327; Mount Union, P A 17066 Linda Rangel; Sand Pebble Village Apartments; 4480 Sirius Road, #331; Las Vegas, NV 89102 331170-1 \0::, Ms. Glenda F. Strasbaugh Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 SINCE 1888 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 717-238-8187 Fax: 717-234-9478 August 4, 2005 Other Offices Colonial Park Lancaster 717-652-7020 717-431-0138 Mechanicsburg Millersburg 717-691-5577 717-692-5810 Shippensburg York 717-530-7515 717-843-0502 Re: Estate of Clyde F. Dunkle No. 21-04-0662 Dear Ms. Strasbaugh: Enclosed for filing are Reply of Administratrix CT A to Second Citation (to Show Cause Why This Case Should Not be Heard Before the Register on Petition to Revoke Current Letters) and Reply of Administratrix CTA to Citation (to Show Cause Why the Relief Requested in the Petition of the Administratrix CTA Should not be Granted). So that I may be sure this mailing has been received and the filings completed, please stamp the extra copy of this cover letter with your clock-in stamp and return it to me in the pre-posted envelope provided. Thank you. Please do not hesitate to contact me with any questions or concerns. Very truly yours, .-") --) i""....-J (-:-::) '-,.:':) C....i-. ~....z. GER, W.ICKE...R....SHAM, KNAUSS & ERB, P.C. \ ~ ." I- /-~t./1 J~ ".1)~/Lt.-A .,.( >'k4. 6? , .._~-.,~ V'- ~ v '\ Jered L. Hock --I ,:;:> I 01 :--) I"; ..r::- JLH/amm:1i\'\^ Enclosures cc: Byron L. McMasters, Esquire, counsel for Richard Dunkle (w/encs.) cc: Sandra J. Couch (w/encs.) cc: Frank Couch (w/encs.) cc: Earl M. Dunkle (w/encs.) cc: Linda Rangel (w/encs.) 333251-1 James F. Carl Edward E. Knauss, IV' Jered L. Hock Steven P. Miner Clark DeVere Francis J. Lafferty, IV David H. Martineau Andrew W. Norfleet Andrew C. Spears * Board Certified in civil trial law and advocacy by the National Board of Trial Advocacy t . ~ 1 , ,. .. INRE: ESTATE OF CLYDE F. DUNKLE,: deceased IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-04-0662 REPLY OF ADMINISTRATRIX CTA TO CITATION (TO SHOW CAUSE WHY THE RELIEF REQUESTED IN THE PETITION OF THE ADMINISTRATRIX CTA SHOULD NOT BE GRANTED) AND NOW, comes Administratrix CTA, Sandra J. Couch, by and through her attorneys, Metzger, Wickersham, Knauss & Erb, P.e., showing cause why the relief requested in the <, Petition of Administration CTA to Require Posting of Bond should be granted. ") .., ~:"", <) (.1) '<I I J 01 - , -'(1 I TO THE HONORABLE, THE JUDGES OF SAID COURT: 1. Paragraphs 1-21 ofthe Petition, dated July 5,2005, are incorporated hereih by < '<-~ -, i -" -~) (-:-') C,) reference, the same Petition having been verified therein and in the appended Verification of the Administratrix CT A. WHEREFORE, Petitioner Sandra J. Couch, Administratrix CTA of the Estate of Clyde F. Dunkle, respectfully requests that this Honorable Court dismiss the Petition of Richard Dunkle and grant such further relief as is just and proper, including but not limited to attorney's fees, costs, and expenses and requests further that, ifthe Petition of Richard Dunkle is not dismissed at this time, the Court require Richard Dunkle to post bond in the amount of$516,157.32. :yE1~::AA=;Z:. J ered L. Hock, Esquire Attorney LD. No. 19211 3211 North Front Street P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Date: August 4, 2005 Attorneys for Administratrix CT A 333253-1 v- , , .. " , . CERTIFICATE OF SERVICE AND NOW, this 4th day of August, 2005, I, Jered L. Hock, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.e., attorneys for Respondent, hereby certify that I served a true and correct copy of Reply of Administratrix CTA to Citation (to Show Cause Why the Relief Requested in the Petition ofthe Administratrix CTA Should not be Granted) by first class mail, postage prepaid, on the following: Byron L. McMasters, Esquire Gates, Halbruner & Hatch, P.C. 1013 Mumma Road, Suite 100 Lemoyne, P A 17043 Sandra J. Couch 316 Walnut Dale Road Shippensburg, PA 17257 Frank Couch 124 Forest Drive Mars, P A 16046 Earl M. Dunkle R.D. 1, Box 327 Mount Union, P A 17066 Linda Rangel Sand Pebble Village Apartments 4480 Sirius Road, #331 Las Vegas, NY 89102 333253-1 INRE: ESTATE OF CLYDEF. DUNKLE,: deceased IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-04-0662 REPLY OF ADMINISTRATRIX CTA TO SECOND CITATION (TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE HEARD BEFORE THE REGISTER ON PETITION TO REVOKE CURRENT LETTERS) AND NOW, comes Administratrix CTA, Sandra J. Couch, by and through her attorneys, Metzger, Wickersham, Knauss & Erb, P.C., and makes Reply, showing cause why the Petition to ",) " :-) Revoke Current Letters of Administration CT A should not be heard before the Register. :) TO THE HONORABLE, THE JUDGES OF SAID COURT: 1. -"~- On or about June 12,2005, Richard Dunkle, through the firm representirrg:;him, -- filed a "Petition for Appeal of the Order ofthe Register of Wills." In his Petition for Appeal, GJ Richard Dunkle contends, as the sole basis for his appeal, that he should have received notice of the "Will & Testerment" before it was probated and, and in support thereof, cites only dictum from a century-old case In Re: Kern's Estate, 212 Pa. 57,61 A.2d 573 (1905), which case appears not to have been cited by any Pennsylvania court for over 52 years. 2. No provision ofthe Probate, Estates, and Fiduciaries Code, 20 Pa. C.S.A. 101 et seq., or of any other statute requires notice to parties in interest or any other parties before probating a Will. 3. According to law, as set forth in Orphans' Court Rule 5.6, within three (3) months after the grant of Letters, the personal representative to whom original letters have been granted 333239-1 '.-j' ~ ~ ) , Ul -~ I . 'I -:'S r7.., is required in certain instances to send a written notice of estate administration to designated parties. 4. The claims and legal contentions in the Petition for Appeal of Richard Dunkle are not warranted by existing law or by a non-frivolous argument for the extension, modification, or reversal of existing law or the establishment of new law within Pa. R.c.P. 1023.1 and other applicable law, in that, i.a.: (a) The power of the Register to revoke Letters of Administration rests upon the statutory basis cited, 20 Pa.C.S.A. 3181, and not upon In re: Kern Estate, 212 Pa. 57, 61 A.2d 573 (1905), a 100-year old decision not cited by any Pennsylvania court for over 52 years. (b) The wording cited by Petitioner-Appellant from Kern Estate, supra, is dictum. (c) No provision of the Probate, Estates, and Fiduciaries Code requires notice to parties in interest or any other parties before probating a Will. (d) According to law, as set forth in Orphans' Court Rule 5.6, within three (3) months after the grant of Letters, the personal representative to whom original letters have been granted is required in certain instances to send a written notice of estate administration to designated parties. 5. It is respectfully suggested that the only reason for Richard Dunkle's appeal is to cause delay and turmoil among his family members, as Petitioner puts forth no good reason for filing the Petition, citing only dictum in a one-hundred year old case calling for a "hearing" before an after-discovered will is admitted to probate. 333239-1 2 6. Even if Petitioner had spoken to Decedent more recently before Decedent's passing than the time articulated in the "Will & Testerment," which it is anticipated will be a contention of Richard Dunkle's, his likely claim of more recent contact with Decedent is no ground for setting aside the "Will & Testerment." 7. The Administratrix has been required to expend monies for legal fees and expenses as a result of the appeal, with research, correspondence, conferences, drafting and dictating Petitions and responses to the same, having consumed at least seven (7) hours' time, which at $165 an hour amounts to $1155. In addition, if a hearing is required in this matter, it would be anticipated to include two (2) days' work for preparation and proceeding could easily be involved, resulting in still further fees, so that it is anticipated that fees in this matter could easily reach $3500 to $4000, plus expenses in the range of $100 at least. 8. Further, the Court and Register themselves must devote time and resources to this appeal, which is not based upon any statutory ground, with a court reporter potentially involved and with the involvement of the judge and other court personnel. The only reason for the Court and its officers' being required to devote time and resources to this matter is that Richard Dunkle is disappointed that he was not an heir of a brother, Clyde F. Dunkle, decedent herein, who very clearly considered Richard Dunkle estranged from him, and Richard Dunkle is, it is respectfully suggested, venting his frustration by importuning the Court and its officers, as well as the Administratrix CTA and the Estate of Clyde F. Dunkle, when said Richard Dunkle possesses no legal basis to contest the proper actions ofthe Register, who duly probated the "Will & Testerment" after consultation with the solicitor of the Register's office.. 333239-1 3 9. By way of further response, the Petition of Administratrix CT A to Require Posting of Bond, dated July 5, 2005, and thereafter filed in this matter, is incorporated herein by reference. WHEREFORE, Petitioner Sandra J. Couch, Administratrix CTA of the Estate of Clyde F. Dunkle, respectfully requests that this Honorable Court dismiss the Petition of Richard Dunkle and grant such further relief as is just and proper, including but not limited to attorney's fees, costs, and expenses and requests further that, if the Petition of Richard Dunkle is not dismissed at this time, the Court require Richard Dunkle to post bond in the amount of $516, 157.32, all for reasons set forth in the Petition of Administratrix CTA to Require Posting of Bond, dated July 5, 2005, and thereafter filed in this matter, which Petition is, as noted above, incorporated herein by reference. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. BY:~ Jered L. Hock, Esquire Attorney I.D. No. 19211 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Administratrix CT A Date: August 4, 2005 333239-1 4 VERIFICATION The undersigned hereby certifies that he is the attorney for Sandra J. Couch, Administratrix CTA for the Estate of Clyde F. Dunkle, deceased, and that the facts in the foregoing Reply are true and correct to the best of his knowledge, information, and belief. He further states that the Verification of his client cannot be obtained within the time required for the filing of this pleading and that he is authorized to make this Verification, having consulted the aforesaid Administratrix CTA regarding the substance of this Reply. Further, he notes that Sandra J. Couch, Administratrix CTA, has verified her earlier Petition of Administratrix CTA to Require Posting of Bond dated July 5,2005, and that the substance ofthat Petition and the substance of this Reply are essentially the same. He further states that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. ~uJ?c J ere. , Esquire Date: August 4, 2005 333239-1 CERTIFICATE OF SERVICE AND NOW, this 4th day of August, 2005, I, Jered L. Hock, Esquire, ofthe law firm of Metzger, Wickersham, Knauss & Erb, P.c., attorneys for Respondent, hereby certify that I served a true and correct copy of Reply of Administratrix CTA to Second Citation (to show cause why this case should not be heard before the Register on Petition to Revoke Current Letters) by first class mail, postage prepaid, on the following: Byron L. McMasters, Esquire Gates, Halbruner & Hatch, P.C. 1013 Mumma Road, Suite 100 Lemoyne, P A 17043 Glenda F. Strasbaugh Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 Sandra J. Couch 316 Walnut Dale Road Shippensburg, PA 17257 Frank Couch 124 Forest Drive Mars, P A 16046 Earl M. Dunkle R.D. 1, Box 327 Mount Union, P A 17066 Linda Rangel Sand Pebble Village Apartments 4480 Sirius Road, #331 LasVegas,NV 89102 ~ ~ BY:~) ~ J ered L. Hock, Esquire 333239-1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY ORPHAN'S COURT DIVISION IN RE ESTATE OF CLYDE F. DUNKLE,: Deceased No. 21-04-0662 TYPE OF FILING: Answer to Petition of Administratrix CTA to Require Posting of Bond FILED ON BEHALF OF: Richard Dunkle COUNSEL FOR THIS PARTY: Byron L. McMasters, Esq. PA Sup. Ct. I.D. No. 92410 GATES, HALBRUNER & HATCH, P.C. 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 P: (717) 731-9600 F: (717) 731-9627 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY ORPHAN'S COURT DIVISION Cl - ,;~) IN RE ESTATE OF CLYDE F. DUNKLE,: Deceased '::J, No. 21-04-0662 ANSWER TO PETITION OF ADMINISTRATRIX eTA TO REQUIRE POSTING OF BOND AND NOW, comes Richard F. Dunkle, by and through his attorneys, Gates, Halbruner & Hatch, P.C., to file this Answer to Petition of Administratrix CTA to Require Posting of Bond. The Appellant avers as follows: 1. Admitted. 2. After reasonable investigation, Mr. Dunkle is without knowledge or information sufficient to form a belief as to the truth of the averment. 3. Admitted. By way of further answer, Mr. Dunkle renounced his right to administer the estate upon the belief that no Will existed and he would be receiving a one-third share of the estate. Further, Mr. Dunkle was not represented by counsel at the time and did not know what he was signing. 4. After reasonable investigation, Mr. Dunkle is without knowledge or information sufficient to form a belief as to the truth of the averment. 5. Admitted that a document entitled "Will & Testerment" was presented for probate in early April 2005. After reasonable investigation, Mr. Dunkle is without knowledge or information sufficient to form a belief as to the truth of the remaining averments. -- c<, c+"> ':,) ~. .., ~,;J I Q ~:C,-: en ';i, 6. Admitted. 7. No response required. The document entitled "Will & Testerment" is a writing that speaks for itself. 8. Admitted that Richard Dunkle, through Gates, Halbruner & Hatch, P.C., filed a "Petition for Appeal of the Order of the Register of Wills." By way of clarification, said Petition was filed June 9, 2005. It is also admitted that Mr. Dunkle cites In fe Kern's Estate, 212 Pa. 57, 61 A. 573 (1905) in support of his petition and that said case does not appear to have been cited by any Pennsylvania court for over 52 years. Denied as a conclusion of law that the cited language is dictum. By way of further answer, case law certainly does not have an expiration date. In fe Kern's Estate is applicable to the present case; it has not been cited unfavorably by any court of Pennsylvania; and has not been superseded by, nor does it conflict with any statutory provisions of this Commonwealth. 9. Denied as a conclusion of law. To the extent that an answer is required, the Probate, Estates, and Fiduciaries Code, 20 Pa.C.S.A. ~ 101 et seq., grants the Register of Wills the power to revoke improvidently granted letters of administration in the case of an alleged after-discovered Will but is silent as to the procedure for revocation. Thus, in the absence of explicit statutory guidance, it is both logical and indicated in case law, namely In fe Kern's Estate, that notice must be given to all parties in interest before admitting an alleged after- discovered will to probate and granting letters of administration. 2 10. Denied as a conclusion of law. To the extent that an answer is required, Orphans' Court Rule 5.6 governs notice of estate administration to designated parties. This provision is not relevant to whether notice shall be given to interested parties before revocation of letters of administration and the granting of new letters of administration where an alleged will is found. 11. Denied as a conclusion of law. To the extent that an answer is required, the claims and legal contentions of Richard Dunkle are warranted by existing law or by a non-frivolous argument for the extension, modification, or reversal of existing law or the establishment of new law. (a) Denied as a conclusion of law. To the extent that an answer is required, 20 Pa.C.SA 9 3181 states, 'The register may revoke letters of administration granted by him whenever it appears that the person to whom the letters were granted is not entitled thereto." However, this provision does not dictate a standard for determining whether the person to whom letters were granted is "not entitled thereto." Thus, logically, any case law on the subject should be given deference, especially Pennsylvania Supreme Court law. The age of the case is irrelevant so long as the logic is sound, which it is here. Not requiring notice to parties in interest could result in a substantial injustice. For example, anyone wishing to commit fraud could claim no will was left and then apply for and be granted letters of administration. Thereafter, this person could draft an "after- 3 discovered will" and have it admitted to probate without anyone knowing about it until it is too late to file caveats to the "after- discovered will." In other words, a person has an expectation that once no will has been presented and letters of administration have been granted that the matter is closed. Not giving notice in the first instance is harmless because everyone knows to expect letters to be granted. However, most individuals would not think to monitor the docket to ensure that an after-discovered will has not been presented to probate. Thus, not giving notice to permit a challenge to the will is sUbstantially harmful. (b) Denied as a conclusion of law. To the extent that a response is required, even if dictum, the logic of the case is sound and should not be summarily disregarded for no other reason than it is dictum. (c) Denied as a conclusion of law. To the extent that a response is required, it is true that notice is not required before probate generally, but this contention ignores the fact that this case does not simply involve the probate of a will. This was an allegedly after-discovered will admitted to probate after letters of administration were already granted and revoked. (d) Denied as a conclusion of law. Again, Orphans' Court Rule 5.6 governs notice of estate administration to designated parties. 4 This provision is not relevant to whether notice shall be given to interested parties before revocation of letters of administration and the granting of new letters of administration where an alleged will is found. 12. Denied as a conclusion of law. To the extent that a response is required, Richard Dunkle has submitted his petition based upon a reasonable interpretation of law, fact, and reason. Mr. Dunkle is not bringing this lawsuit randomly or for annoyance. 13. Denied as a conclusion of law. 14. Denied as stated. On the contrary, Mr. Dunkle's appeal is rationally based upon existing statutory law, case law, and logic. Further, the Petition of Sandra A. Couch sets forth no argument to refute the language of In re Kern's Estate other than that the case is old and the cited language is dictum. While this argument may affect whether the case is binding authority, it does not affect the case's persuasiveness. 15. Impertinent and a conclusion of law. No answer required. To the extent that an answer is required, the merits of Mr. Dunkle's challenge to the validity of the "Will & Testerment" are not at issue at this time. Rather, the issue is whether the 'Will & Testerment" was properly admitted to probate and letters of administration properly revoked and letters of administration CTA granted. If Mr. Dunkle is successful here in having probate re-opened and the letters revoked, then he intends to file a caveat to the "Will & Testerment," at which time the validity of the document will be at issue. 5 ----- 16.After reasonable investigation, Mr. Dunkle is without knowledge or information sufficient to form a belief as to the truth of the averment. 17.lmpertinent. However, admitted that the Court must devote time to this appeal as well as potentially a court reporter and other court personnel. Denied as a conclusion of law that this appeal is not based upon any statutory ground. To the extent that it is implied that this appeal is frivolous and a waste of court time, this appeal is rationally based upon a logical interpretation of the law. 18.After reasonable investigation, Mr. Dunkle is without knowledge or information sufficient to form a belief as to the truth of the averment. 19.After reasonable investigation, Mr. Dunkle is without knowledge or information sufficient to form a belief as to the truth of the averment. However, undersigned counsel accepts the representations of Jered L. Hock, Esquire, through telephone conversations and the petition, that this is an accurate valuation of the estate. 20. Denied as stated. To the contrary, the requested bond amount is absurdly excessive, and Petitioner has presented no justification for the posting of a bond let alone justification for such an extreme amount. If the bond is required, 20 Pa.C.SA 9908 states that the purpose of the bond is for "the payment of any costs or charges that may be decreed against him." Certainly, costs and charges will not approach $516,157.32. Even if attorney's fees, which are not warranted, are considered, the bond amount should, under no circumstances, exceed $4,000.00, as those are the anticipated fees represented to this court by the attorney for the administratrix. 6 21.lmpertinent. No bond should be required. Thus, the form is irrelevant. To the extent that a bond is required, the form of the bond as written is appropriate; however, the amount of the bond is excessive. WHEREFORE, the appellant respectfully requests that this honorable court dismiss the Petition of Administratrix CTA to Require Posting of Bond and thereby deny the Administratrix's request for the posting of a bond in this matter. Respectfully Submitted, GATES, HALBRUNER & HATCH, P.C. BY: /fJ?;~;~::ZL-= ...._--, Byrofl L. McMasters, Esq. PA Supreme Court I.D. No. 92410 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 P: (717) 731-9600 F: (717) 731-9627 Attorneys for Richard Dunkle 7 VERIFICATION The undersigned certifies that he is the attorney of Richard Dunkle. The facts of the foregoing Answer are true and correct to the best of his knowledge, information and belief. The Verification of his client cannot be obtained within the time required for the filing of this Answer, and the undersigned is authorized to make this Verification. He further states that all statements contained in this Answer are made subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. .:~;;P~ . McMasters, Esquire Date: 15..,y- Os 8 CERTIFICATE OF SERVICE I, Byron L. McMasters, Esquire, of the law firm of Gates, Halbruner & Hatch, P.C., hereby certifY that I served true and correct copies of the foregoing Answer to Petition of Administratrix CT A to Require Posting of Bond on this date via first class mail upon the following: Glenda F. Strasbaugh, Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Jared L. Hock, Esquire Metzger, Wickersham, Knauss, & Erb, P.C. 321 I North Front Street P.O. Box 5300 Harrisburg, PAl 7110-0300 (Attorney for the Estate of Clyde F. Dunkle) Sandra J. Couch 3 16 Walnut Dale Road Shippensburg, PAl 7257 Earl M. Dunkle R.D. I, Box 327 Mount Union, PAl 7066 Linda Rangel Sand Pebble Village Apartments 4480 Sirius Road, Apt. 33 I Las Vegas, NV 89102 Frank A. Couch 124 Forest Drive Mars, PAl 6046 GATES, HALBRUNER, & HATCH, P.C. f(-t-cJS Byr . McMasters, Esquire Supreme Court J.D. # 92410 1013 Mumma Road, Suite 100 Lemoyne, PAl 7043 (7 I 7) 73 I -9600 9 Date: -- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY ORPHAN'S COURT DIVISION IN RE ESTATE OF CLYDE F. DUNKLE,: Deceased No. 21-04-0662 TYPE OF FILING: Reply to New Matter FILED ON BEHALF OF: Richard Dunkle COUNSEL FOR THIS PARTY: Byron L. McMasters, Esq. PA Sup. Ct. 1.0. No. 92410 GATES, HALBRUNER & HATCH, P.C. 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 P: (717) 731-9600 F: (717) 731-9627 -- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY ORPHAN'S COURT DIVISION ('J "~ , IN RE ESTATE OF CLYDE F. DUNKLE,: Deceased No. 21-04-0662 REPLY TO NEW MATTER PRESENTED BY ADMINISTRATRIX CT A AND NOW, comes Richard F. Dunkle, by and through his attorneys, Gates, Halbruner & Hatch, P.C., to file this Reply to New Matter Presented by Administratrix CTA. Mr. Dunkle avers as follows: 17. After reasonable investigation, Mr. Dunkle is without knowledge or information sufficient to form a belief as to the truth of the averment. 18. Admitted. 19. Admitted. By way of further answer, Mr. Dunkle renounced his right to administer the estate upon the belief that no Will existed and he would be receiving a one-third share of the estate. Further, Mr. Dunkle was not represented by counsel at the time and did not know what he was signing. 20. (a) No answer required; the record speaks for itself. (b) After reasonable investigation, Mr. Dunkle is without knowledge or information sufficient to form a belief as to the truth of the averment. (c) No answer required; the record speaks for itself. --- -.,., --'I I C:) en 1'0 ) , sj( --- 22. (d) Denied as impertinent at this time. By way of further answer, the issue presented at this time in Mr. Dunkle's appeal is whether the Register of Wills properly revoked letters of administration granted to Sandra Couch and then granted her letters of administration CT A upon presentation of the "Will and Testerment." If successful in having probate re-opened, Mr. Dunkle intends to file a caveat to the will, at which time the validity of the "Will and Testerment" will be challenged. (e) Denied as stated and as impertinent at this time. By way of further answer, Richard Dunkle incorporates his response to paragraph 20(d) by reference as if stated in full. 21. (a) After reasonable investigation, Mr. Dunkle is without knowledge or information sufficient to form a belief as to the truth of the averment. (b) Admitted. (c) Admitted. (d) Denied as a conclusion of law. (e) Admitted. (f) Admitted. (a) Denied as stated; denied as impertinent; and denied as vague. To the extent that an answer is required, the validity of the "Will 2 ------ and Testerment" is not at issue here, and since "many years" is not defined, it is impossible to state that Petitioner had spoken to Decedent more recently than averred. Further, to the extent that the validity of the "Will and Testerment" is at issue, after reasonable investigation, Mr. Dunkle is without knowledge or information sufficient to form a belief as to the truth of whether the Decedent signed the "Will and Testerment." (b) Denied as stated and denied as impertinent. To the extent that an answer is required, the validity of the "Will and Testerment" is not at issue here, and to the contrary, Petitioner-Appellant had spoken to Decedent within the five (5) year period ending on the date stated on the "Will and Testerment." Further, to the extent that the validity of the "Will and Testerment" is at issue, after reasonable investigation, Mr. Dunkle is without knowledge or information sufficient to form a belief as to the truth of whether the Decedent signed the "Will and Testerment." (c) Denied as stated and denied as impertinent. To the extent that an answer is required, the validity of the 'Will and Testerment" is not at issue here, and to the contrary, Petitioner-Appellant had spoken to Decedent within the three (3) year period ending on the date stated on the "Will and Testerment." Further, to the extent that the validity of the "Will and Testerment" is at issue, after reasonable investigation, Mr. Dunkle is without knowledge 3 or information sufficient to form a belief as to the truth of whether the Decedent signed the "Will and Testerment." (d) Denied as stated; denied as impertinent; and denied as vague. To the extent that an answer is required, the validity of the "Will and Testerment" is not at issue here, and since "some time" is not defined, it is impossible to state whether Petitioner was on friendly terms with the Decedent within the period averred. However, Petitioner was generally on friendly terms with the Decedent before Decedent's death. Further, to the extent that the validity of the "Will and Testerment" is at issue, after reasonable investigation, Mr. Dunkle is without knowledge or information sufficient to form a belief as to the truth of whether the Decedent signed the "Will and Testerment." 23. Impertinent and denied as stated. To the extent that an answer is required, the validity of the 'Will and Testerment" is not at issue here. Further, to the contrary, Decedent and Richard Dunkle were on speaking terms as of the purported date of the "Will and Testerment." 24. Impertinent and denied as stated. To the extent that an answer is required, the validity of the 'Will and Testerment" is not at issue here. Further, to the contrary, Decedent and Richard Dunkle were associating with each other as of the purported date of the "Will and Testerment." 25. Denied as a conclusion of law. To the extent that an answer is required, 20 Pa.C.S.A. ~ 3181 states, "The register may revoke letters of 4 administration granted by him whenever it appears that the person to whom the letters were granted is not entitled thereto." However, this provision does not dictate a standard for determining whether the person to whom letters were granted is "not entitled thereto." Thus, logically, any case law on the subject should be given deference, especially Pennsylvania Supreme Court law. The age of the case is irrelevant so long as the logic is sound, which it is here. Not requiring notice to parties in interest could result in a substantial injustice. For example, anyone wishing to commit fraud could claim no will was left and then apply for and be granted letters of administration. Thereafter, this person could draft an "after-discovered will" and have it admitted to probate without anyone knowing about it until it is too late to file caveats to the "after-discovered will," In other words, a person has an expectation that once no will has been presented and letters of administration have been granted that the matter is closed. Not giving notice in the first instance is harmless because everyone knows to expect letters to be granted. However, most individuals would not think to monitor the docket to ensure that an after-discovered will has not been presented to probate. Thus, not giving notice to permit a challenge to the will is substantially harmful. 26. Denied as a conclusion of law. To the extent that a response is required, even if dictum, the logic of the case is sound and should not be summarily disregarded for no other reason than it is dictum. 27. Denied as a conclusion of law. To the extent that a response is required, it is true that notice is not required before probate generally, but this averment ignores the fact that this case does not simply involve the probate of a 5 will. This was an allegedly after-discovered will admitted to probate after letters of administration were already granted and revoked. 28. Denied as a conclusion of law. To the extent that an answer is required, Orphans' Court Rule 5.6 governs notice of estate administration to designated parties. This provision is not relevant to whether notice shall be given to interested parties before revocation of letters of administration and the granting of new letters of administration where an alleged will is found. 29. Denied as a conclusion of law. To the extent that an answer is required, the claims and legal contentions of Richard Dunkle are warranted by existing law or by a non-frivolous argument for the extension, modification, or reversal of existing law or the establishment of new law. (a) Denied as a conclusion of law. To the extent that an answer is required, 20 Pa.C.SA 93181 states, "The register may revoke letters of administration granted by him whenever it appears that the person to whom the letters were granted is not entitled thereto." However, this provision does not dictate a standard for determining whether the person to whom letters were granted is "not entitled thereto." Thus, logically, any case law on the subject should be given deference, especially Pennsylvania Supreme Court law. The age of the case is irrelevant so long as the logic is sound, which it is here. Not requiring notice to parties in interest could result in a substantial injustice. For example, anyone wishing to commit fraud could claim no will 6 was left and then apply for and be granted letters of administration. Thereafter, this person could draft an "after- discovered will" and have it admitted to probate without anyone knowing about it until it is too late to file caveats to the "after- discovered will." In other words, a person has an expectation that once no will has been presented and letters of administration have been granted that the matter is closed. Not giving notice in the first instance is harmless because everyone knows to expect letters to be granted. However, most individuals would not think to monitor the docket to ensure that an after-discovered will has not been presented to probate. Thus, not giving notice to permit a challenge to the will is substantially harmful. (b) Denied as a conclusion of law. To the extent that a response is required, even if dictum, the logic of the case is sound and should not be summarily disregarded for no other reason than it is dictum. (c) Denied as a conclusion of law. To the extent that a response is required, it is true that notice is not required before probate generally, but this contention ignores the fact that this case does not simply involve the probate of a will. This was an allegedly after-discovered will admitted to probate after letters of administration were already granted and revoked. 7 (d) Denied as a conclusion of law. Again, Orphans' Court Rule 5.6 governs notice of estate administration to designated parties. This provision is not relevant to whether notice shall be given to interested parties before revocation of letters of administration and the granting of new letters of administration where an alleged will is found. 30. Denied as a conclusion of law. To the extent that a response is required, Richard Dunkle has submitted his petition based upon a reasonable interpretation of law, fact, and reason. Mr. Dunkle is not bringing this lawsuit randomly or for annoyance. 31. Denied as a conclusion of law. To the extent that an answer is required, the claims and legal contentions of Richard Dunkle are warranted by existing law or by a non-frivolous argument for the extension, modification, or reversal of existing law or the establishment of new law. 32. Denied as a conclusion of law. To the extent that an answer is necessary, the Estate and its Personal Representative are claiming entitlement to legal fees based upon the unpersuasive argument that Petitioner-Appellant's case law is one hundred years old; has not been cited in over fifty years; and the cited passages are dictum. No attempt is made to rebut the logic of the case. Thus, the Estate and its Personal Representative's argument is itself frivolous and reckless. Stating that the Petitioner-Appellant's actions and contentions are not warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law, without 8 --- offering any logical argument to rebut Petitioner-Appellant's contentions, certainly does not entitle the Estate and its Personal Representative to counsel fees and expenses. 33. Denied as stated. To the contrary, 20 Pa.C.S.A. S 908 states, ''The court, upon cause shown and after such notice, if any, as it shall direct, may require a surety bond to be filed by anyone appealing from a decree of the register conditioned for the payment of any costs or charges that may be decreed against him." The court has not directed the posting of a bond. Thus, Petitioner- Appellant has not failed to post bond in this matter but rather has not been ordered to post bond in this matter. Respectfully Submitted, GATES, HALBRUNER& HATCH, P.C. ~4f~ BY: Byron .. cMasters, Esq. PA Supreme Court I.D. No. 92410 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 P: (717) 731-9600 F: (717) 731-9627 Attorneys for Richard Dunkle 9 VERIFICATION The undersigned certifies that he is the attorney of Richard Dunkle. The facts of the foregoing Answer are true and correct to the best of his knowledge, information and belief. The Verification of his client cannot be obtained within the time required for the filing of this Answer, and the undersigned is authorized to make this Verification. He further states that all statements contained in this Answer are made subject to the penalties of 18 Pa.C.SA ~4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. rOfP~M~~ Byro cMasters, Esquire Date: (f- fr OJ 10 - CERTIFICATE OF SERVICE I, Byron L. McMasters, Esquire, of the law firm of Gates, Halbruner & Hatch, P.C., hereby certifY that I served true and correct copies of the foregoing Reply to New Matter Presented by Administratrix CT A on this date via first class mail upon the following: Glenda F. Strasbaugh, Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, PAl 7013 Jared L. Hock, Esquire Metzger, Wickersham, Knauss, & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, P A 1711 0-0300 (Attorney for the Estate of Clyde F. Dunkle) Sandra J. Couch 316 Walnut Dale Road Shippensburg, P A 17257 Earl M. Dunkle R.D. 1, Box 327 Mount Union, P A 17066 Linda Rangel Sand Pebble Village Apartments 4480 Sirius Road, Apt. 331 Las Vegas, NV 89102 Frank A. Couch 124 Forest Drive Mars, P A 16046 GATES, HALBRUNER, & HATCH, P.C. Date: 15- r. OJ ~ 4 . "-;: /' ~. .:-.. T~"/i:::~~ /~ ,~p- /~~. ~ ------ .,' . ,.-' ByrOrlL"':1vIcMasters, Esquire Supreme Court LD. # 92410 1013 MurnmaRoad, Suite 100 Lemoyne, P A 17043 (717) 731-9600 11 . R-~n~""-n rr,.-:r'E rc ~;H.) )Mu:'u V~ll'...J ). . ~. ,"".,'- ',' '.; ~. ZDOS ~\lIG \ 0 Pi\ 1Z: 13 SINCE 1888 3211 North Front Street P.O, Box 5300 Harrisburg, PA 17110-0300 717-238-8187 Fax: 717-234-9478 August 9, 2005 ('~ :;' ,- , V" Ms. Glenda F. Strasbaugh Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Other Offices Colonial Park Lancaster 717-652-7020 717-43J-{)138 Mechanicsburg Millersburg 717-691-5577 717-692-5810 Shippensburg York 717-530-7515 717-843-0502 Re: Estate of Clyde F. Dunkle No. 21-04-0662 Dear Ms. Strasbaugh: Enclosed for filing is Praecipe to Append Verification. So that I may be sure this mailing has been received and the filing complete ,please stamp the extra copy of this cover letter with your clock-in stamp and return it to me i the pre-posted envelope provided. Thank you. Very truly yours, ~CKERBHAM' KNAUSS & ERB, P.C. Jered L.'Hock JLH/amm Enclosures cc: cc: cc: cc: cc: Byron L. McMasters, Esquire, counsel for Richard Dunkle (w/en .) Sandra J. Couch (w/enc.) Frank Couch (w/enc.) Earl M. Dunkle (w/enc.) Linda Rangel (w/enc.) 333355-\ James F. Carl Edward E. Knauss, IV* Jered L. Hock Steven P. Miner Oark DeVere Francis J. Lafferty, IV David H. Martineau Andrew W. Norfleet Andrew C. Spears ~ Board Certified in civil trial law and advocacy by the National Board viTriol Advvcac.v IN RE: ESTATE OF CLYDE F. DUNKLE,: IN THE COURT OF CO ON PLEAS deceased CUMBERLAND CO , PENNSYLVANIA ORPHANS' COURT DI ISION NO. 21-04-0662 PRAECIPE TO APPEND TO THE REGISTER OF WILLS, CLERK OF ORPHANS' COURT: Please append the attached Verification of Sandra J. Couch, Adm . stratrix CT A, to the Reply of Administratrix CT A to Petition for Appeal of Order of Register f Wills. WICKERSHAM, KN USS & ERB, P.C. By: Jered L. Hock, Esquire Attorney LD. No. 19211 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-030 (717) 238-8187 Attorneys for Administratri CTA Date: August l, 2005 c~~ '''' t-::-) <..:.;:) ~, ~') :"'~ C,":, C;") C) -',-, -;, ~v w 333351-1 , . ',J ;-')., Ie) . ~"i ':i5 --I \"-.:J ., rTl ::J ~--:-_J c::> --:~I .-----r-, '_: c=S :'-.':: CI""l ,,:,~~ \[l VERIFICATION The undersigned hereby certifies that the facts set forth in the fore oing Reply to Petition for Appeal of the Order of the Register of Wills are true and correct to the est of her knowledge, information, and belief and further states that false statements herein are Date: June -ZiJ 2005 330662-1 1\ '\ CERTIFICATE OF SERVICE AND NOW, this ~ day of August, 2005, I, Jered L. Hock, Es uire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Respondent, he eby certify that I served a true and correct copy of Praecipe to Append by first class mail, stage prepaid, on the following: Byron L. McMasters, Esquire Gates, Halbruner & Hatch, P.e. 1013 Mumma Road, Suite 100 Lemoyne, P A 17043 Sandra J. Couch 316 Walnut Dale Road Shippensburg, P A 17257 Frank Couch 124 Forest Drive Mars, P A 16046 Earl M. Dunkle R.D. 1, Box 327 Mount Union, P A 17066 Linda Rangel Sand Pebble Village Apartments 4480 Sirius Road, #331 Las Vegas, NV 89102 By: Jered L. Hock, Esq re 333351-1 C-;" _ C:)_n, L~ J - C., cc C.> C':l U_I c= IN RE: ESTATE OF CLYDE F. DUNKLE IN THE COURT OF COMMON PLEAS OF 21-04-0662 ORPHANS' COURT ORDER OF COURT AND NOW, this '^ , day of August, 2005, this court having not acted on an appeal from the Register, but having referred to the Register to determine whether the current Letter of Administration c.t.a to Sandy Couch should be revoked on the basis that a subsequent discovered will is valid, the petition of Sandra J. Couch, Administratrix c.t.a of the Estate of Clyde F. Dunkle to require Richard Dunkle to post a bond pursuant to 20 Pa.C.S. Section 908(b), IS DENIED. ..--- /"- By ~ C-ourt, /' ) Jered L. Hock, Esquire For Administratrix c.t.a. Byron L. McMasters, Esquire For Richard F. Dunkle ~jlllo5 lVlIt1IJ~) TO 4Tf'1S. D5>rt1) VI4 USPS f2NV. ~R.QVIDfjJ B'I cru.DGe - LL c.-~ (/, L.LJ C' c;- N :s<af (" :.=> -..;.: u-=< c."":.' C';:.) ~ 112- IN RE: ESTATE OF CLYDE F. DUNKLE IN THE COURT OF COMMON PLEAS OF 21-04-0662 ORPHANS' COURT ORDER OF COURT AND NOW, this \\ , day of August, 2005, following review of the reply of the Administratrix c.t.a. to the second citation to show cause why the case should not be heard before the Register on a petition to revoke current letters, IT IS ORDERED that the matter is referred to the Register to determine whether the current Letters of Administration c.t.a. to Sandra Couch should be revoked on the basis that a subsequent discovered will is valid. ~ ~/ By the~G6urt, ~ ,/ Jered L Hock, Esquire For Administratrix c.t.a. Byron L McMasters, Esquire For Richard F. Dunkle 0"") :sal' '--. '6/11105 ~A1 LeJ) TO ArNS usn:/) VIf1 L~5 0JV, :PRDVIDeD Bl.( 'JiUl1f-. s~"') -.,.' ',--'--.- i: ~ _ ~~-: c.;"" C'-''; i:_.. U () ,Jl. CITATION Office of the Register of Wills Cumberland County, Pennsylvania IN RE: Estate of Clyde F. Dunkle, Deceased No. 21-04-0662 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND TO: Earl M. Dunkle RD #1, Box 327 Mount Union, PA 17066 Frank A. Couch 124 Forest Drive Mars, PA 16046 Sandra J. Couch 316 Walnut Dale Road Shippensburg PA 17257 Richard Dunkle PO Box 186 McVey town PA 17051-0186 Linda Rangel Sand Pebble Village Apt 4480 Sirius Road, Apt 331 Las Vegas, NV 89102 GREETINGS: AND NOW THIS 26th Day of August, 2005, you are cited to appear before the Register of Wills for the County of Cumberland, in the 2'. Floor Hearing Room of the Old Courthouse, in the Borough of Carlisle, on the 28th day of September, 2005, at 2:30, P.M., and to show cause why the Letters of Administration c.t.a. to Sandra Couch should be revoked based on the validity of the subsequently discovered will. WITNESS, Glenda Farner Strasbaugh, Register of Wills, and the seal of her office at Carlisle, in said County, the 26th day of August, 2005. Byron L. McMasters, Esquire ~~--, -;'\ .-..., " -- '(:'-=, Register of Wills '-9 ." -. ~9, -'2'8 N ;-'._;C3 -~--n ()\ . - C) ";-;..... --rl -0 ~-.J -~ \2; _1" -; ......:- ?-;, Jared L. Hock, Esquire -~,~~ r.f! .-) -cl J;:" 0"' ) -\ \ j \i ilj' \i ~... ::"~("1 a: "".... ........~ ..~ .. ~... ""~.... ~ ~<~ " ... ..- . '" ....... =-:.::~';> "'.... ~ ~~ "'~ U.p. OIl ~~" ;; ,...,~,. .gpcn.n .."'~ """,OIl "",.e ~ d ~.... ~ ""..'" :;.~~~ <;?>~ ",,'" '" "'~ .. "'o&>~ '" ..oo...:l ...- l11l1a ","" '" ",f}, .." i \ l\\\ ~ t.ooo 'Lt.Oe 5\1e'L \ \ \ \ \i \i of> ",,"0&> 0&> ~ ~.~ "'If' .... "...~ ......... ",po&> ~~~ U - ~'" ~ ~ < .- ;A~ p~~ ~~Q.l ;.< '" . . '" ::.~ : '$ ..~ ... '" ...." .. ...."'? "M~ "p~ ~- """, '" '" ~. ? \1 1~ 1~ " ~ ~ .. l\\\ a: l \1"\05 \1\1e'L t.OOO \1eOe S\1e'L t.OOG O'LSe ~--- ---.- -~ ~ \i .. "" 00 ... ~ , .. ... ~'>D;g "'00.... ",_... p"'..... ",,"'~ ,.~ '" ~o ~ .~~ E " '" " ~ " ~ l _rot'- 1.-l--~tf' cf\On 1$ \ \ , f"-#, .' ~ ~\ -k,~, \ i i i"':-' I 1 tIll \\ \ \ \:: \\ \\\\ .~ , ;-,~ .,."z -. '\'~' ~ \tI ...J :r :J f\.l '"" .--- -' rn 0 c:l c:l c:l c:l '"" \tI (U :: :r c:l c:l I""' ~ ~ .... p\JI. tl''' ~~ "'~ ~i~~~ e ~, ~ ~~ .... - (>.l </J~ .<llt-: t 11.~ ~ l-' ~ a"- o ~~ ~..( ~"6l "a ,::;P-< '" ~~e'8~ '%.=\: s ~~ tt$~ ~ou ~~ ~itt ~~ ;;; .& ;;. ~ Eo '" o ~ 'a 1;:.'" (/)~~~t::) t iit;~~ "0 ~ ~~~\,loI~ (t1... '2'O~~Q 0'" l-'"':S_o.r.u.. ex:. " ~~'::)fa~ s::. 4) Q ($\'u"-e...u. u _ -'D:5~~ ~ ~ ~ ~~ac;t (.) .... i -.t"':OO==" ~... _~s"" ..; .s ~ 0000 ..... ~~~":Oc.:><f) ......'" (/)",<1. - ~ ~ - -.;. ~ . ...; ~ --- -- ~ - i; q k fA ..ri ~~ \ ~, i-'b EUUU ,l.l '~ t. ') I... ,tJ .~~'. \ I . \ \~l {~:" \ .,~ ..~f ~. 07-18-2005 DUNKLE 05-11-2004 21 04-0662 CUMBERLAND 101 APPEAL DATE: 09-16-2005 ( See reverse side under Objections) Amount Remitted I I 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 _ REv:is47-Ex-AFP-coi:os3-NOTICE-OF-INHERITANCE-TAX-APPRAISEMENT:-ALLOWANCE-OR--------------- DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX CLYDE F FILE NO. 21 04-0662 ACN 101 BUREAU OF INOIVI~oooro OFFICE OF INHERITANCE TAX DIVISWI"I'~Ti:H (V:: Vnt: <( PO BOX 280601 nr:\.J,0!~" v. ,\1 r"j HARRISBURG PA 171Z8-0601. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX 200S JUL 15 P1112: 19 DATE ESTATE OF DATE OF DEATH FILE NUMBER COUNTY ACN CLERK OF 0RPI-W-l'S COURT JERED ~CO..PA METZGER ETAL PO BOX 5300 HBG PA 17110 ESTATE OF DUNKLE - REV-1547 EX AFP 106-D5) CLYDE F TAX RETURN WAS: I X I ACCEPTED AS FILED I I CHANGED DATE 07-18-2005 I~ an assesSBBnt was issued previously. lines 14. 15 and/or 16. 17. 18 and 19 will reflect ~igures that include the total ~ Abb returns assessed to date. ASSESSMENT OF TAX: IS. ~ount of Line 14 at Spousal rat. (15) 16. ~ount of Line 14 taxable at Lineal/Class A rat. (16) 17. A_unt of U... 14 .t Sibling rat. 1171 18. ~unt of Line 14 taxable at Collateral/Class B rate (18) 19. Principal Tax Due TAX : RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. R..1 Estate (Schedule AJ 2. Stocks and Bonds (Schedule Bl 3. Closely Held Stock/Partnership Interest (Schedule C) 4. Mortgages/Notes Receivable (Schedule DJ 5. Cash/Bank Deposits/Hisc. Personal Property (Schedule EJ 6. Jointly Owned Property (Schedule FJ 7. Transfers (Schedule GJ 8. Total Assets III 121 131 141 151 161 171 43,000.00 36.971.76 .00 .00 221.106.90 .00 .00 181 APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Ada. Costs/Hisc. Expenses (Schedule Hl 10. Debts/Hortgage Liabilities/Liens (Schedule Il 11. Total Deductions 12. Net Value of Tax Return 13. Charitable/Governmental Bequests; Non-elected 9113 Trusts (Schedule JJ 14. Net Value of Estate Subiect to Tax 191 1101 30,906.45 823.86 1111 1121 1131 1141 NOTE: .00 X .00 X 134,674.18 X 134,674.17 X 00 = 045 = 12 = 15 = DATE 08-09-2004 04-14-2005 04-28-2005 NUMBER CD004249 CD005204 CD005260 INTEREST/PEN PAID I-I 1,200.00 .00 105.71- AMOUNT PAID 22,800.00 11,993.08 500.49 ~ TOTAL TAX CREDIT BALANCE OF TAX DUE INTEREST AND PEN. TOTAL DUE NOTE: To insure proper credit to your account, sub.lt the upper portion of this form with your tax papent. 301,078.66 3] .730 3] 269,348.35 .00 269,348.35 119)= .00 .00 16,160.90 20,201.13 36,362.03 36,387.86 25.83CR .00 25.83CR . IF PAID AFTER DATE INDICATED, SEE REVERSE FOR CALCULATION DF ADDITIONAL INTEREST. I IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT" ICRI, YDU HAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.) I! . CITATION Office of the Register of Wills Cumberland County, Pennsylvania IN RE: Estate of Clyde F. Dunkle, Deceased No. 21-04-0662 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND TO: Earl M. Dunkle RD #1, Box 327 Mount Union, PA 17066 Frank A. Couch 124 Forest Drive Mars, PA 16046 Sandra J. Couch 316 Walnut Dale Road Shippensburg PA 17257 Richard Dunkle PO Box 186 McVey town P A 17051-0186 Linda Rangel Sand Pebble Village Apt 4480 Sirius Road, Apt 331 Las Vegas, NV 89102 GREETINGS: AND NOW THIS 26th Day of August, 2005, you are cited to appear before the Register of Wil~S for the County of Cumberland, in the 2nd Floor Hearing Room of the Old Courthouse, in the Borough of I I Carlisle, on the 28th day of September, 2005, at 2:30, P.M., and to show cause why the Letters of I ! Administration c.t.a. to Sandra Couch should be revoked based on the validity of the subsequently discovered will. WITNESS, Glenda Farner Strasbaugh, Register of Wills, and the seal of her office at Carlisle, in said County, the 26th day of August, 2005. ,~~~~ Register of Wills Byron L. McMasters, Esquire Jared L. Hock, Esquire tt \'ftu led ~\ 2(0 loS' 0\kJ rx:u\6 de \ \\1 e rf d -to Su\d rC( {o LLC (, 0(\ C) \Ilo 105 I VlLU w -~ -', :>\ >' \ ~ Gates. Halbruner & Hatch, P.C. By: Byron L. McMasters, Esquire PA Attorney ID No. 92410 1013 Mumma Road, Suite 100 Lemoyne, PA 17043-1144 (717) 731-9600 (717) 731-9627 facsimile b. mcmasters@qateslawfirm.com www.qateslawfirm.com 2[,J5 ~' r)J" I" C-' /";1 i: 02 ,.--. ~, 1_" r' (Attorney for Petitioner) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY ORPHAN'S COURT DIVISION IN RE ESTATE OF CLYDE F. DUNKLE,: Deceased No. 21-04-0662 MOTION TO CONTINUE AND NOW, comes Movant, Richard F. Dunkle, by and through his attorneys, Gates, Halbruner & Hatch, P.C., to file this Motion to Continue. Movant avers as follows: 1. Petitioner initiated this action by filing a Petitioner for Appeal of the Order of the Register of Wills, filed on or about June 9, 2005. 2. Said Petition requests that the Court of Common Pleas revoke the Letters of Administration C.T.A. granted to Sandra Couch. 3. After Answer and New Matter and Reply to New Matter were filed by the parties, the Court of Common Pleas remanded the matter to the Register of Wills of Cumberland County to hear the parties on the issue of whether the Letters of Administration CTA. should be revoked. rrJ 4. Said hearing is to be held before the Register of Wills of Cumberland County on September 28, 2005, at 2:30 p.m. 5. Movant has represented to Movant's counsel that he is unavailable for the hearing. 6. Furthermore, after discussions with the attorney for the Estate, Jered Hock, Esquire, Movant's counsel believes that the action will be discontinued without the necessity of a hearing. 7. Counsel for the Estate neither opposes nor consents to this motion. WHEREFORE, the Movant respectfully requests that the Register of Wills of Cumberland County continue the hearing in this matter. Respectfully submitted, GATES, HALBRUNER & HATCH, P.C. Dated: q /J;r/ev- I / By: CERTIFICATE OF SERVICE I, Byron L. McMasters, Esquire, of the law firm of Gates, Halbruner & Hatch, P.C., hereby certify that I served true and correct copies of the foregoing Motion to Continue on this date via first class mail upon the following: Jared L. Hock, Esquire Metzger, Wickersham, Knauss, & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (Attorney for the Estate of Clyde F. Dunkle) Sandra J. Couch 316 Walnut Dale Road Shippensburg, PA 17257 Earl M. Dunkle R.D. 1, Box 327 Mount Union, PA 17066 Linda Rangel Sand Pebble Village Apartments 4480 Sirius Road, Apt. 331 Las Vegas, NV 89102 Frank A. Couch 124 Forest Drive Mars, PA 16046 GATES, HALBRUNER, & HATCH, P.C. Date: 'l?9j;~ Byron '. McM ers, Esquire Supreme Court I.D. # 92410 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 q b,\ci 1\\uJ.J \,\::.95 f'NAJ BEFORE THE REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA EST ATE OF CLYDE F. DUNKLE, DECEASED NO 21-2004-0662 IN RE: MOTION TO CONTINUE DECREE OF THE REGISTER OF WILLS AND NOW, this 28th day of September, 2005, upon consideration of the Motion to Continue, the relief requested is GRANTED. The hearing is rescheduled for October 19,2005 at 1 :30 p.m. in the 5th Floor Hearing Room of the New Courthouse, Carlisle. Ifthe issues presented are resolved prior to that time the Register of Wills shall be notified immediately. Byron L. McMasters, Esquire Jared L. Hock, Esquire Earl M. Dunkle Sandra J. Couch ''''J r-,.' 1::::-' '_:,-~...J c.n S~ , 'I ~1,J Linda Rangel .--~ ~0 \D Frank A. Couch ?E~~ Richard Dunkle co U1 W II LAW OFFICES OF GATES, HALBRUNER ~HATCH, P.C. 1013 MUMMA ROAD. SUITE 100. LEMOYNE, PENNSYLVANIA 17043 (717) 731-9600 . FAX: (717) 731-9627 LOWELL R. GATES, LL. M. LL. M. in Taxation Also Admitted to Massachusetts Bar MARK E. HALBRUNER Also Admitted to New Jersey Bar CRAIG A. HATCH, CELA Certified as an Elder Law Attorney by the National Elder Law Foundation ALBERT N. PETERLIN Also Admitted to Maryland Bar CLIFTON R. GUISE Also Admitted 10 practice before the U.S. Patent & Trademark Office BYRON L. McMASTERS, LL.M. LL. M. in Taxation September 30, 2005 BRANCH OFFIC : 3 WEST MONUMENT SQUA E, SUITE 304 LEWISTOWN, PA 1 044 (717) 248-690 WEB SITE: www.GatesLawFir.com CORRESPONDENCE DDRESS: Lernoyne Offi e STACEY L NACE ParalegaVOffice M nager TRACI L SEPKOVI Paralegal VALERIE LONG Paralegal VIA U.S. FIRST CLASS MAIL Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 L- ::t> RE: In Re Estate of Clyde F. Dunkle ~ ~ Dear Sir or Madam, Please find enclosed herewith for filing a Petition for Discontinuance for the above- referenced matter. Also, enclosed is a check in the amount of $15.00 to cover the filing fee fi r the Petition for Discontinuance. Please return a time-stamped copy to this office using the se f- addressed, stamped envelopes enclosed. If you have any questions on this matter, please do not hesitate to contact me. Sinc~: --A. relY..,. . /~ /:%n;al//Z?/ " " /' Byro~ ~sters, Esq. " '\,.j BLM/tls Enclosures ;,.. , ,J 81 :G 111 .,CI ("' , r .- :' .:, - ....".,,j :. 1/1 Gates. Halbruner & Hatch, P.C. By: Byron L. McMasters, Esquire PA Attorney ID No. 92410 1013 Mumma Road, Suite 100 Lemoyne, PA 17043-1144 (717) 731-9600 (717) 731-9627 facsimile b. mcmasters@qateslawfirm.com www.qateslawfirm.com ,) I (,~ -:1 ;". ) (Attorney for Petitioner) 'j ,'-') ", ) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY ORPHAN'S COURT DIVISION C2 - - ---, IN RE ESTATE OF CLYDE F. DUNKLE,: Deceased No. 21-04-0662 en w ') ,1 PETITION FOR DISCONTINUANCE AND NOW, comes Petitioner, Richard F. Dunkle, by and through his attorney , Gates, Halbruner & Hatch, P.C., to file this Petition for Discontinuance. Petitioner a rs 1. Petitioner initiated this action by filing a Petitioner for Appeal of the Orde as follows: the Register of Wills, filed on or about June 9,2005. 2. Said Petition requests that the Court of Common Pleas revoke the Lette of Administration C.T.A. granted to Sandra Couch. 3. After Answer and New Matter and Reply to New Matter were filed by the parties, the Court of Common Pleas remanded the matter to the Register of Wills of Cumberland County to hear the parties on the issue of whether the Letters of Administration C.T.A. should be revoked. JA 4. Said hearing was to be held before the Register of Wills of Cumberland County on September 28,2005, at 2:30 p.m.; however, upon request of Petitioner, t e hearing was continued. 5. Good cause exists for the discontinuance of this action; to wit, Petitioner and the Estate of Clyde F. Dunkle have reached a mutually agreeable resolution of t e matter. 6. Petitioner does not wish to proceed in this action against the Estate of C yde F. Dunkle. 7. Furthermore, the Estate of Clyde F. Dunkle, through counsel, has agree not to pursue costs and attorney's fees associated with this matter. 8. The Estate of Clyde F. Dunkle concurs in this petition. WHEREFORE, the Petitioner respectfully requests that the Register of Wills Cumberland County approve this discontinuance, with prejudice, and dismiss all c1ai s for costs and attorney's fees. Respectfully submitted, GATES, HALBRUNER & HATCH, P.C. Dated: ~ By: . CERTIFICATE OF SERVICE I, Byron L. McMasters, Esquire, of the law firm of Gates, Halbruner & Hatch, P.C., hereby certify that I served a true and correct copy of the foregoing Petition for Discontinuance on this date via first-class mail upon the following: Jared L. Hock, Esquire Metzger, Wickersham, Knauss, & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (Attorney for the Estate of Clyde F. Dunkle) Sandra J. Couch 316 Walnut Dale Road Shippensburg, PA 17257 Earl M. Dunkle R.D. 1, Box 327 Mount Union, PA 17066 Linda Rangel Sand Pebble Village Apartments 4480 Sirius Road, Apt. 331 Las Vegas, NV 89102 Frank A. Couch 124 Forest Drive Mars, PA 16046 GATES, HALBRUNER, & HATCH, P.C. Date: ~ /d6k- / ./ Byr cMasters, Esquire Supreme Court I.D. # 92410 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION PO BOX 280601 HARRISBURG PA 17128-0601 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE INHERITANCE TAX p~CnR):f) ST1CtrEM,tNT OF ACCOUNT - . -"' ''-' .". - REV-1607 EX AFP (03-05) 20'iS .. - 7 Pil !: ! 9 DATE ESTATE OF DATE OF DEATH FILE NUMBER COUNTY ACN 09-06-2005 DUNKLE 05-11-2004 21 04-0662 CUMBERLAND 101 CLYDE F JERED L HOCK METZGER ETAL PO BOX 5300 HBG ESQ Amount Remitted PA 17110 MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 NOTE: To insure proper credit to your account, submit the upper portion of this form with your tax payment. CUT ALONG THIS LINE -+ RETAIN LOWER PORTION FOR YOUR RECORDS +- REV-1607 EX AFP (03-05) --------------------------------------------------------------------------- *** INHERITANCE TAX STATEMENT OF ACCOUNT ... ESTATE OF DUNKLE CLYDE F FILE NO.21 04-0662 ACN 101 DATE 09-06-2005 THIS STATEMENT IS PROVIDED TO ADVISE OF THE CURRENT STATUS OF THE STATED ACN IN THE NAMED ESTATE. SHOWN BELOW IS A SUMMARY OF THE PRINCIPAL TAX DUE, APPLICATION OF ALL PAYMENTS, THE CURRENT BALANCE, AND, IF APPLICABLE, A PROJECTED INTEREST FIGURE. DATE OF LAST ASSESSMENT OR RECORD ADJUSTMENT: 07-11-2005 PRINCIPAL TAX DUE: 36,362.03 PAYMENTS (TAX CREDITS): PAYMENT RECEIPT DISCOUNT (+) AMOUNT PAID DATE NUMBER INTEREST/PEN PAID (-) 08-09-2004 CD004249 1,200.00 22,800.00 04-14-2005 CD005204 .00 1l,993.08 04-28-2005 CD005260 105.71- 500.49 08-22-2005 REFUND .00 25.83- TOTAL TAX CREDIT 36,362.03 BALANCE OF TAX DUE .00 INTEREST AND PEN. .00 II IF PAID AFTER THIS DATE, SEE REVERSE TOTAL DUE .00 SIDE FOR CALCULATION OF ADDITIONAL INTEREST. ( IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT"" (CR), YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS. ) CL~ BEFORE THE REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF CLYDE F. DUNKLE, DECEASED NO 21-04-0662 DECREE OF THE REGISTER OF WILLS AND NOW, this 14th day of October, 2005, upon consideration of Petitioner's Petition for Discontinuance, the relief requested is GRANTED. We hereby approve the discontinuance, with prejudice, of the above-captioned case. All claims for costs and attorney's fees are also dismissed with prejudice. IT IS FURTHER DECREED that the hearing scheduled for October 19, 2005 at 1 :30 is cancelled. Glenda Farner Strasbaugh Register of Wills r--~ C~_':) CC: Jered L. Hock, Esquire ,~ ) -~ ";.'1 -r-l .:~~ ) I ill ~ /~ SENDER: COMPLETE THIS SECTION . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Linda Rangel Sand Pebble Village Apt 4480 Sirius Road, Apt 331 Las Vegas, NV 89102 2. Article Number (rransfer from servlc6 label) PS Form 3811, February 2004 D. Is delivery address different from item 1? DYes If YES, enter delivery address below: D No 3. S ice Type Certified Mail D Express Mail D Registered D Return Receipt for Merchandise D Insured Mail D C.O.D. 4. Restricted Delivery? (Extra Fee) DYes 7 nfJ 4 2 5105't10tJ3i12 4 S" :'204 8 " . '.,' Domestic Return Receipt SENDER: CUIVIPLETE THIS SECTION . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: Richard Dunkle PO Box 186 Mc;Veytowll P A 17051-0186 2. Article Number (rransfer from service labe , PS Form 3811, February 2004 102595-02-M-1540 ,->'~ - \,\; '<.. '\.... I "J ",' "~, ....- i 3/ 0.:,:;; 3. Se.!)liee Type B' Certified Mail D Express Mail D Registered D Return Receipt for Merchandise D Insured Mail D C.O.D. 4. Restricted Delivery? (Extra Fee) DYes 7004 2510 0003 1244 5071 102595..Q2.M.1540 Domestic Return Receipt .. . . · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Earl M. Dunkle ~~Box 327 -Moun-; U'i1~i'OIl, P A 17066 ()I..\ . ~\, L. COMPLETE THIS SECTION ON DELIVERY A. Signature X ~~ /tr B. Received by ( Printed Name) E4f-t.. A (..( D. Is delivery address different from item 1? If YES, enter delivery address below: 'YO \?::o)( '6~1 I \r\\ ,\.jf\\OV'\ ~~ \~\Q6 3. ice Type Certified Mail D Registered D Insured Mail D Express Mail D Return Receipt for Merchandise DC.O.D. 2. Article Number (rransfer from service I8beIJ PS Form 3811, February 2004 4. Restricted Deliv<>n'? /c.~__ - 7004 2510 0003 1245 2024 DYes Domestic Return Receipt 102595-02-M-1540 i r-- _:'EI"'.'"'il o l <,~ ~ 'It~ [J"" ~ M '""d en en Lr1 ~ .... 0 I-a:: =r ~ ....C1 nJ v ~~~~C1 M ...c --< ....C1:;;ena:: u ~ a::Z CC IT1 ;l Q g::oo:ii:....3: Cl 0 '-' C 1-"""" a:: U ..... I-~:E:~ Cl a D (/) ~C1='ffiCl Cl ...., --< t:: ~ ~ v _....z>1- Cl >-< 0.... ~I-::t::::i"" '""d u..a..c,.,w...l M t:: 0.... ~:E=,C1: ....; Lr1 ~ ...c ....enl-Z nJ VJ,.. VJ ~l=C10=' -czz =r DODD Cl Cl <(Uti) l"- 0 ~,<" ~=: ~ r.:: ;;~ ~~ /l:i '" ;...= ~~ ..I<l ;... ... '" '" =Q ;e-s ~ie '" /l:i:::: ~- :::~ '" - ;;i~ 'OI~ Vi d-' '" ~ ~e~ .5 sg ('f"', t: r~~ ,,::) ""..- ~ ; ~ '$~:;: C ~ 0-. :0... C CJ -~Vi =: .- - ,,- - c ~ ~OC ,\,",,' , ~-';-) I '._~ ..-", -._-'-1 J -.~ /~. w (/) 7-- C)o ',,2" -~l ::~~... -") '- . 1 -_r1 C) j----I, \.0 Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 3/29/2006 HOCK JERED L ESQ POBOX 5300 3211 NORTH FRONT STREET HARRISBURG, PA 17110 RE: Estate of DUNKLE CLYDE F File Number: 2004-00662 Dear Sir/Madam: This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. 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: 5/11/2006 Please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard this notice. Sincerely, ~~~ Glenda Farner Strasbaugh Clerk of the Orphans' Court cc: File Personal Representative(s) Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 3/29/2006 COUCH SANDRA J 316 WALNUT DALE ROAD SHIPPENSBURG, PA 17257 RE: Estate of DUNKLE CLYDE F File Number: 2004-00662 Dear Sir/Madam: This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. I, for decedents dying on or after July I, 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: 5/11/2006 Please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard this notice. Sincerely, ~~~ Glenda Farner Strasbaugh Clerk of the Orphans' Court cc: File Counsel April 7, 2006 SINCE 1888 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 717-238-8187 Fax: 717-234-9478 Ms. Glenda F. Strasbaugh Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 Other Offices Colonial Park Lancaster 717-652-7020 717-431-0138 Mechanicsburg Millersburg 717-691-5577 717-692-5810 Shippensburg York 717-530-7515 717-843-0502 Re: Estate of Clyde F. Dunkle No. 2004-00662 Dear Ms. Strasbaugh: Enclosed for filing is Status Report Under Rule 6.12. So that I may be sure this mailing has been received and the filing completed, please stamp the extra copy of the Report with your clock-in stamp and return it to me in the pre-posted envelope provided. Thank you. Very truly yours, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. JLH/amm Enclosures cc: Sandra J. Couch (w/enc.) 351459-1 James F. Carl Edward E. Knauss, IV* Jered L. Hock Steven P. Miner Clark DeVere Francis J. Lafferty, IV Andrew W. Norfleet Karen W. Miller Mark E. Clouser * Board Certified in civil trial law and advocacy by the National Board of Trial Advocacy STATUS REPORT UNDER RULE 6.12 Name of Decedent: Clyde F. Dunkle Date of Death: 5/11/2004 Will No. 2004-00662 Admin. No. Pursuant to Rule 6. 12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate : 1 . State whether administration of the estate IS complete: Yes No X 2 . If the answer is No, state when the personal representative reasonably believes that the administration will be complete: wi thin three (3) months 3 . If the answer to No. 1 is Yes, state the following: a. account with the Court? Did the personal representative file a final Yes No b . The separate Orphans' Court No. (if any) for the personal representative's account is : c . Did the personal representative state an account informally to the parties in interest? Yes No d . Copies of receipts, releases, joinders and approvals of formal or informal accounts may be filed with the :::k of :i ;;;~ Court @d may be a~Che(\\e:~:: ~ Jered L. Hock. Esauire Name (Please type or print) 3211 North Front Street, PO Box 5300 Harrisbura PA 17110-0300 Address ( 717 ) 238- 8187 Tel. No . Capacity : Personal Representative x Counsel for personal representative 92 ~ cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 4/24/2007 (--''>. , J _. ~-. .._'.1 r~'>.) COUCH SANDRA J 316 WALNUT DALE ROAD SHIPPENSBURG, PA 17257 ['-) (',n C:;; RE: Estate of DUNKLE CLYDE F File Number: 2004-00662 Dear Sir/Madam: This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. I, for decedents dying on or after July I, 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: 5/11/2007 Please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard this notice. j;;~~ Glenda Farner Strasbaugh Clerk of the Orphans' Court cc: File Counsel ~ Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 4/24/2007 . ._~._) ~.,'., HOCK JERED L ESQ POBOX 5300 3211 NORTH FRONT STREET HARRISBURG, PA 17110 1'" rr C) RE: Estate of DUNKLE CLYDE F File Number: 2004-00662 Dear Sir/Madam: This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. 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: 5/11/2007 Please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard this notice. Sincerely, ~~~ Glenda Farner Strasbaugh Clerk of the Orphans' Court cc: File Personal Representative(s) ~/ Pa. O.C. Rule 6.12 STATUS REPORT REGISTER OF WlLLS OF (u ()'\ Iv fir. "J COUNTY ,PENNSYL V ANlA Name of Decedent: ~\~ QC ~\JJ'lt U~ ~"\ ;;>.oo':L- File Number. ;;l. nf) '-1- otJhb L- Date of Death: Pursuant to Pa. O.C. RJile 6.12, I report the following with respect to compktion of the administration of the above-captioned estate: , ' i ' ' 1. State whether administration of the estate is complete: . . . . . . . . . . . . . . . . . . .. DYes IiilNo 2. lithe answer is No, state when the persoIial representative reasonably believes 'that the administration will be complete: \AilthlN L\ 'Y'nYV--tYv~ 3. lithe answer to No.1 is YES, state the following: a. Did the personal representative file a final account with the Court? . . . . . .. [JYes lJ No b. The separate OrphanS' Court No. (if any) for the personal representative'S account is: c. Did the personal representative state an accgunt infcmnallytothepar!iesininteresl? .._....................'........ DYes ONo d. Copies ofreceipts, releases, joinders and approvals of forioal or informal accounts may be filed with the Clerk 'of the Orphans' Court and may be atta ed to this report. I~ 'Dale 6/ 1f~D ~ <>,J ~-- signatun4 Capacity: ~ersonal Representative DCounsel SAN [)(2.A ('i:) UCh. Name of per70n Filing this Form ;)llo u.) CLI '" ( J --t ('y. l r-:. 1> l \1\0 Address Sh. ppe..{'\S ~li (, 0 Po (7? s:-f( r:L b 1 6 q 3 7 t 'it- Telephone 1'"'- GJ I~J ....J<~~ For'" RW.IO l'e,',10.13.06 Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (71 7) 240 - 6345 Date: 4/15/2008 c-~ :.::0 HOCK JERED L ESQ POBOX 5300 ~211 NORTH FRONT STREET H.l'\.RRI SBURG, pp> 1 711 0 ; ~ c~.) -I] -r.:- e) RE: Estate of DUNKLE CLYDE F File Number: 2004-00662 Dear Sir/Madam: This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. 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 '.hlls a Status Report of completed or uncompleted administration. This filing 1S due by: 5/11/2008 Please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard t:1is notice. Sincerely, Glenda Farner Strasbaugh Clerk of the Orphans' Court cc: File Personal Representative(s) Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (71 7) 240 - 6345 COUCH SA..l'JDRA J ) Date: 4/15/2008 .. ,~ ......, , 316 WALNUT DALE ROAD SHIPPENSBURG, PA 17257 -r> " 0:: RE: Estate of DUNKLE CLYDE F File Number: 2004-00662 Dear Sir/Madam: This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. A,s per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 1 J 3 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 1S due by: 5/11/2008 Please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard this notice. Sincerely, ; Glenda Farner Strasbaugh Clerk of the Orphans' Court cc: File Counsel ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: Estate of CUMBERLAND COUNTY DUNKLE CLYDE F : PENNSYLVANIA NO 2004-00662 c7 , --- ~ ~ n ~ .~ .3. ~ `~ ~~ NOTICE OF FAILURE TO FILE STATUS REPORT '"' ~ w ~'. f r ' '-~ ~ '~ Personal Representative: COUCH SANDRA J ~ - -. ~ ~~ r~` ~ -__~~-~ Counsel for Personal Representative: HOCK JERED L ESQ ~~ ~' :~; Date of Decedent's Death: 5/11!2004 The Orphans' Court record indicates 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, is hereby given by that the you have ten (10) day to file the Status Report. If the required 6.12 form is not filed in accordance with Rule 6.12 the Court will be notified of such delinquency and the undersigned will requests that a Court conduct a hearing to determine whether sanctions should be imposed upon the delinquent personal representative or counsel for thf; delinquent personal representative. ,~~// ' w Date: 6/13/2008 Glenda Farner Strasbaugh Clerk of the Orphans' Court Distribution: Personal Representative Counsel for Personal Representative Estate File ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: Estate of CUMBERLAND COUNTY DUNKLE CLYDE F : PENNSYLVANIA NO. 2004-00662 r~ O `~ ~~ .-~-; ~~ r - ~~ 7 . 3 NOTICE OF FAILURE TO FILE STATUS REPORT ` ' r; ~ c.. > i__7 ~_..,! `:~~ . >-. ;~ ~ ~~ ~.. ,, ,,, _..r Personal Representative: COUCH SANDRA J ~ ~ } _ ,* -- Counsel for Personal Representative: HOCK JERED L ESQ c.a r :.: -, ,.....~ - ~ , , Date of Decedent's Death: 5111!2004 The Orphans' Court record indicates 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, is hereby given by that the you have ten (10) day to file the Status Report. If the required 6.12 form is not filed in accordance with Rule 6.12 the Court will be notified of such delinquency and the undersigned will 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. ~~..~`.rKC.J.~ru" Date: 6/13/2008 Glenda Farner Strasbaugh Clerk of the Orphans' Court Distribution: Personal Representative Counsel for Personal Representative Estate File IN RE: ESTATE OF DUNKLE CLYDE F ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2004-00662 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: COUCH SANDRA J Counsel for Personal Representative: HOCK JERED L ESQ n ., Date of Decedent's Death: 5/11/2004 r:~ © ~' ~T ~~ ~~ Date of Delinquency Notice: _,~ ~ T7 `-~ The undersigned, Glenda Farner-Strasbaugh, Clerk of Orphans' Court, in accorefw with Rule 6.12, Supreme Court Orphans' Court Rules, hereby notifies the Orphans' Cd~t ~_~~ Division, Court of Common Pleas of Cumberland County, that neither the above nar~d~ersona~ 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 on the above date 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. Date: 6/13/2008 Glenda Farner Strasbaugh Clerk of the Orphans' Court Distribution: Personal Representative Counsel for Personal Representative Estate File A hearing is scheduled Julv 7, 2008 at 11AM in Courtroom No. 2 . If the Status Report is filed prior tot earin date, the hearing will automatically be cancelled. ti „r Edgar B. Bay ey, J. JUT ~ 6 200 IN RE: ESTATE OF DUNKLE CLYDE F ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2004-00662 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: COUCH SANDRA J Counsel for Personal Representative: HOCK JERED L ESQ Date of Decedent's Death: 5/11/2004 ~ re, ;_.~ ~~. Date of Delinquency Notice: '; 2~ ~- T -~.~r :~: ;;~ r~-i The undersigned, Glenda Farner-Strasbaugh, Clerk of Orphans' Court, in acca~~e c with Rule 6.12, Supreme Court Orphans' Court Rules, hereby notifies the Orphans' C~~~-- ~,,, Division, Court of Common Pleas of Cumberland County, that neither the above name~c persona representative nor the above named counsel for the personal representative have fil~1 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 on the above date 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. Xd~ ~T~+r~cJ Date: 6/13/2008 Glenda Farner Strasbaugh Clerk of the Orphans' Court Distribution: Personal Representative Counsel for Personal Representative Estate File A hearing is scheduled Julv 7, 2008 at 11AM in Courtroom No. 2 . If the Status Report is filed prior to the ate, the hearing will automatically be cancelled. Edgar B. Bay y, J. ~ ~'1 ' l.~ ,. _ Pa. ®.C. Rule 6.12 S'TA'TUS RAP®RT REGISTER OF WILLS OF 1`Iame of Decedent: COUNTY, PENNSYLVANIA Date of Death: ~ File Number: D'u'r~uaimt tv Pa. v.C. pi.tie v.i7, i rep^vrt the f011~`.zring ~zrith raepent to cnmplPtipim of the administration of the above-captioned estate: 1. State whether administration of the estate is complete :.................... ~ Yes No 2. If the answeris No, state when the personal representative reasonably believes that the administration will be complete: 3. If the answer to No. 1 is YES, state the following: a. Did the personal representative file a final~account with the Court? ....... C7Yes '~No b. The separate Orphans' Court No. (if any) for the personal representative's account is: `~'~ ~ ~~o v~r c. Did the personal representative state an account informally to the parties in interest? ............................... .Yes (_'] No • d. Copies of receipts, releases, joinde - approvals of formal or inform accounts maybe filed with the Cleric of the Orphan ' rt ay be attac e to this re rt. t~nte~~ _ ~ ` O Sign of Pe~so.,n Filing this Form r-- Capacity: Personal Representative Q Counsel .-T` 1 , ~ Nmne of Person Filinv this Form ~ _ t± ~ ~._ _. ~.- - - T"" C~= ~---" Address N ~--' `_ . ~ ~ ° to ~"~ v Telepha:e Forn, R6P-l0 rev. 10.13.0 Pa. O.C. Rule 6.12 STATUS REPORT REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Narne of Decedent: Clyde F. Dunkle Date of Death: 5/11/2004 Pursuant to Pa. O.C. Rule 6.12, 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 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: Expect to complete in 90 days. 3. If the answer to No. 1 is YES, state the following: a. Did the personal representative file a final account with the Court? ....... ^ Yes ^ No b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? ............................... ^ Yes ^ No d. Copies of receipts, releases, joinders and approvals of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. Date July 2, 2008 ~d ~ ~ ©~°~;ua~~~~ 1dC10o ~>~~ a0 9s :~ ~a ~- -~nr gooz _.t+x~ ' r~ ~. ~ ~f ~ .~ ~ yj J~ .~ !L~ ~. Form RW-10 rev.'}1e~.7'~.71~ File Number: 2004-00662 Signature of Pe~son F~g this Form Capacity: 'Personal Representative Counsel Robert P. Grubb, Esquire Name of Person Filing this Form Metzger, Wickersham, Knauss & Erb, P.C. Address P.O. Box 5300, Harrisburg, PA 17110-0300 (717) 238-8187 Telephone REGISTER OF WILLS OF C_L{ nmct.~.~,j CGL~TTY, PEA-NSYLV ~NI~ Name of Decedent: ~~ C~ Date of Death: mC~~ ~ ~~ File Number: ~~~ ~ -~C~ ~o ~Z D,.,-~...,,..++,. D.. rl ~` D.,To ~ 17 T 1e.-~n,-t the f~11r,~znna ~z;•it}i racnPnt fin r.grt"irilettot~ t)f the 3dll"ITlli$tI'atloll of 1 utauuii~ +v i u. v.~. l~uiv v.._, ~ r...,, ..b r.,._. "~ r- ule above-CaptrOlled estate: 1. State whether administration of the estate is complete :.................... [~ Yes ] No 2. If the ans~reris No, state wl~erz the personal representative reasonably believes that the administration will be complete: 3. If the answer to No. 1 is YES, state the following: ~,t - -- a. Did the personal representative file a final account with the Court? ....... Yes ~No b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account ~ ~J informally to the parties in interest? ......... [~L'es ~No ...................... d. Copies of receipts, releases, joinders and approvals of formal or infbrmaI accounts maybe filed with the Cleric of the Orphans' Court and maybe attached to this report. .~_ ~-~ ~. - ~ ---~ ~'_ t ti._ ... ~ ~ f, ~~'" ~ t~- .. ~ <-.> ~ t - _' ~ O . ~- U 0 r., ~--`, f Signature of Peron ink this Form Capacity: [Pe*rs~onal Representative []Counsel ~~u~ ,Nnme of Person FiliiaQg this Forme ) /~ CJ f fit' ~l/GCI/] eL ~ /.Jd l~ ~~t °'G f~ Address ~~° - ~- C~ 172-/ Telephone Yo;~ru 241'-/0 rev. 10.13.06 ~. Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone:(717) 240-6345 Date: 4/G3/2009 HOCK JERED L ESQ P O BOX 5300 3211 NORTH FRONT STREET HARRISBURG, PA 17110 RE: Estate of DUNKLE CLYDE F File Number: 2004-00662 Dear Sir/Madam: '? ~-..~ ~:, ~~ - -, , -, ~ -. "~'~.a _.` ` '"'' ~r, u ~ r _.. _. ~ '~ ~'.; ~~ ,~ __ _. _ -~ ; --~ .. c~ This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. A.s per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, N0. 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: 5/11/2009 F~lease feel free to contact this office with any questions you may rave. If you have already filed your Status Report, please disregard this notice. Sincerely, Glenda Farner Strasbaugh Clerk of the Orphans' Court c:c : File Personal Representative(s) Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 PhorLe: (717) 240-6345 Date: 4/08/2009 ~_ r.~ COUCH SANDRA J ~ '--? ~-=~ z ~ `~ :.:~ - 316 WALNTJT DALE ROAD , `-~ ; ~~' SHIPPENSBURG, PA 17257 ~~ ~a ~~ ~ n `t7 --~ _ i __,~ ' caa RE: Estate of DUNKLE CLYDE F File Number: 2004-00662 Dear Sir/Madam: This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. A.s per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET N0. 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: 5/11/2009 F~lease feel free to contact this office with any questions you may rave. If you have already filed your Status Report, please disregard this notice. Sincer~ly, J lJ ,- ~9 ~ F` ~yt%s a''~"~5.~ ~y J,i ~".;>;~'A,~ k ,, y rte! ,P.- ~'y`/~/`~?`\y ~' ~.J Glenda Farner Strasbaugh Clerk of the Orphans' Court cc: File Counsel Cumberland County - Register Of Wills One Courthouse Square Carlisle, FA 17013 Phore:(717) 240-6345 Date: 4/08/2009 G:ZUBB ROBERT P 712 LENTZ AVENUE PO BOX 193 MILLERSBURG, PA 17061-0193 RE: Estate of DUNKLE CLYDE F Fiie Number: 2004-00662 Dear Sir/Madam: '7 - - ;~ ,:::~ ;:. t! -,_ . - ~- - ~- .~.~~ _ . ._ __, 7 _J ~.r~ ~ J _- ; ,, - ; ~ , . _ _ ..,., ~i :~; This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RliLES, N0. 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: 5/11/2009 Please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard this notice. Sincerely, ran ~ ~ .°~ :°,--- --~ ,. Glenda Farner Strasbaugh Clerk of the Orphans' Court cc: File Personal Representative(s) Via. ®.C. Rule 6.1~ STAT~JS RAP®~.~' REGISTER OF WILLS OF ~- li(.y1~ ,U~~l COUNTY, PEN`NSYLV ~NI Name of Decedent: e f 7 ~ bU File Number: ~ bC~ ~ "~)f,~G~~,- Date of Death: D.,.-~,,.,,.++„ D., (1 /~ D, to ~ 1 ~ T ,•orn,-t the f,tln~x~ina ~z~ith racnert to cmm~lPt:ipn of the administration of 1 uLODUU~ w l U. V.\...'• 1\l.ll ~+ v.ic., a .vrv.~ •~b Y--- r the above-captioned estate: 1. State whether administration of the estate is complete :.................... ~ Yes o 2. If the answeris No, state when the personal representative reasonably believes that the administration will be complete: 1 ti~ /-z.~~ , z~ ~ C.~ . 3. If the answer to No. 1 is YES, state the following: a. Did the personal representative file a final account with the Court? ....... Yes ~ No b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? ............................... ~ Yes ONo d. Copies of receipts, releases, joinders and approvals of formal or informal accounts maybe filed with the Cleric of the Orphans' Court and ay be attached to this report. ~~ ~ ~ Sign ure Person Filing this Forr.x ~ Capacity: [Personal Represent~ati(v!e OCounsel c~7c, ~ ~ ~ a ~~c~-~d 4'Gc ~^CTrR~~ ~ L1 _ O 1,- ~ Name of Person Filing this Form - ~ ~~;-;~~ ~ 3 f ~ LL,~ ~ l n~ ~J~ 1~ f~c~H6) k _ ~ _ t I _ ` r y Address ,~ r- _ - ~ ~ ~ t rrr-------------rrr--- ~. ~ t -. _ ~ ~ ~ ,~ 7 b 4' 3 `7~ ~ ~- - '~F a ` o ~ Telephaie hd ro: n~ RNA-10 rev. IOJj.06 << i , ~, Pa. ®.C.1~uIe 6.12 S'TA,T[JS ~P®~~ RE, TER OF WILLS OF ~~ u ~'~? ~j-g~ Q ~~ ~ COUNTY, PEN~NSYLVANIa 2Ql0 MAY 12 P~! 4= ~ 1 CL~ K CiF ~a ~ ~,~ ~ ~. ~~ h K ~ ~- ~'~l~p~ecedent: ORPH. ~ A ~~ c J c f- ~ G (p ~~ Z Date of Death: File Number: D,,.-~„~,.++,. ~., n r, ~,.~~ ~ ~ ~ T re^^~ *he folle•z/i^Q iznth,-ecrn,P~_.t to r.nmpletinn of the administration of 1 ULJU(llll LV L u. .~....~. Duly ,,. t.=., i rvl. ... •"~7 the above-captioned estate: .... , .. (Yes ~ No 1. State whether administration of the estate is complete :............. / \ Z. If the answei'is No, state when the personal representative reasonably believes that the administration will be complete: __ 3. If the answer to No. 1 is YES, state the following: -- No a. Did the personal representative file a final~account with the Court? ....... flYes b. The separate Orphans' Court No. (if any) for the personal _ representative's account is: c. Did the personal representative state an account - - Yes (] No infoinlally to the parties in interest? .............................. . d. Copies of receipts, releases, joinders and approvals of formal or :informal accounts maybe . filed with the Clerk of the Orphans' Court and may be attached to this report. r, ~~~~~ Dnte ~ ~ v / ~ ~.P~ _ Q ( Signature of Person Filing this Form L o f~P ~ Capacity: Personal Representative Counsel `~ ~ `~ 3 ~~ S Q " " _ Nmrze of Person Filing this Form -~-~ ~ ~. a v~ r F y ~` was ~ ~ S Address ~ + O ~ G~ ~~,id G~a,~-~. `Ei ~ d0 ~ ~ (~ ~~ ~~~ ~ Telephone ~~ Q (~ 5~,~~-~ ~ ~ v~ i n ~c ca ~ - f-~ ~;,~ cam. c~ ~ _l_. cc' U~1 LYE .I~c / l Su ~ avi , For,~N'-10 rev. 10.73.0/ ~~ Pa. O.C. Rule 6.12 STATUS REPORT REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Name of Decedent: Clyde F. Dunkle Date of Death: 5/11/2004 File Number: 2004-00662 Pursuant to Pa. O.C. Rule 6.12, 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 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: Expect to complete in 90 days. 3. If the answer to No. 1 is YES, state the following: a. Did the personal representative file a final account with the Court? ....... ^ Yes ^ No b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? ............................... ^ Yes ^ No d. Copies of receipts, releases, joinders and approvals of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may j~e att~pched to this report. Dale May 24, 2010 V' ~% Signature o ersnn 'ling this Fo Capacity ^ Personal Representative ~ Counsel ~,-, Robert P. Grubb, Esquire _7 r, _.t' ~ Name of Person Filing this Form '-- ~' ~ ~- ' Metzger, Wickersham, Knauss & Erb, P.C. :.~ Cy. ~ ;~ _ ~; ,` -,, ` ~ Address in ~-_ ~~ P.O. Box 5300, Harrisburg, PA 17110-0300 ~ ~ u..=~-_ ~ ~ ~' - .¢ ~ -' ''-~ cL (717) 238-8187 _ ~. ~ ~ ._~ Telephone o ~::= ~ U N Form RW-10 rev. !0.13.06 c