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Home My WebLink About03-0462IN RE: PAUL E. RAILING An incapacitated person On the Petition of Steven E. Railing IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION PETITION FOR APPOINTMENT OF GUARDIAN OF THE PERSON AND ESTATE OF AN ALLEGED INCAPACITATED PERSON TO THE HONORABLE JUDGE OF SAID COURT: AND NOW COMES, Petitioner, STEVEN E. RAILING, by and through his Attorneys, the Law Offices of BATURIN & BATURIN, and files the within Petition for the Appointment of Guardian of the Person and Estate by this Honorable Court upon PAUL E. RAILING, an Alleged Incapacitated Person, and in support thereof, respectfully represents the following: 1. The alleged incapacitated person is PAUL E. RAILING, who is currently a patient at the Lebanon VA Medical Center located at 1700 S. Lincoln Ave, Lebanon, Pennsylvania 17042. Mr. Railing is 66 years old, his date of birth being July 19, 1937. His residence of record is 224 W. Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. PAUL E. RAILING is a single man. 3. PAUL E. RAILING is not a patient in a mental hospital. 4. The Petitioner is STEVEN E. RAILING of 224 W. Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania 17055, and he is the son of PAUL E. RAILING. PAUL E. RAILING has two (2) children: Mark A. Railing and Steven E. Railing. 5. The names and addresses of those persons who would be the intestate heirs (or next of kin) of PAUL E. RAILING are as follows: Mark A. Railing of 1616 Valley Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 and Steven E. Railing of 224 W. Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 6. The names and addresses of the person or institutions providing residential services to PAUL E. RAILING are as follows: Lebanon VA Medical Center, 1700 S. Lincoln Avenue, Lebanon, Pennsylvania 17042. There are no other current service providers. 7. PAUL E. RAILING'S primary physician is Richard Robinson, M.D. of the Lebanon VA Medical Center, 1700 S. Lincoln Avenue, Lebanon, Pennsylvania 17042. 8. PAUL E. RAILING is not currently a member of the Armed Services of the United States and is not known to be receiving benefits from the United States Veterans Administration. 9. The Petitioner asks that he, STEVEN E. RAILING, be appointed as Guardian of the Person and Estate of PAUL E. RAILING. As aforementioned, the proposed guardian is the son of PAUL E. RAILING. 10. The proposed guardian has no interests which are adverse to the interests of PAUL E. RAILING. 11. Petitioner believes, and therefore avers, that no Court has ever assumed jurisdiction in a proceeding to determine whether PAUL E. RAILING is incapacitated. 12. Petitioner believes, and therefore avers, that PAUL E. RAILING has not previously had a guardian appointed, nor is there a guardianship heating pending in any other jurisdiction. 13. This present guardianship is being sought for the following reasons: It has been conveyed to the proposed guardian by the medical staff at the Lebanon VA Medical Center that PAUL E. RAILING suffered severe brain damage due to kidney failure from a stroke which occurred after recent open-heart surgery. The alleged incompetent is also diabetic. He is incoherent and unable to process information nor can he communicate to staff or family members in anyway whatsoever. PAUL E. RAILING is thus, totally unable to manage his financial affairs and completely incapable of making any decisions regarding health/medical care. An affidavit from the attending physician regarding the status of the alleged incompetent's health will be provided at the time of said hearing. 14. The functional limitations and physical mental condition of PAUL E. RAILING are: PAUL E. RAILING is completely unable to manage his financial affairs, and is totally unable to make competent decisions as far as his health and welfare. PAUL E. RAILING is not able to communicate in any way whatsoever nor is he able to perform any of his activities of daily living without total assistance. The medical staff at the Lebanon VA Medical Center has instructed the proposed guardian to promptly locate a suitable nursing home in which to place the alleged incompetent. 15. PAUL E. RAILING was not able to fully execute a power of attorney nor did he execute a living will prior to his becoming incapacitated and is presently incompetent and totally unable to execute such documents. Therefore, no less restrictive alternatives are presently available to adequately provide for the physical and financial care of PAUL E. RAILING. 16. The Petitioner respectfully requests that the guardian be granted powers to act for PAUL E. RAILING in the following specific areas: financial management (i.e. payment of bills) and medical and health care decisions, including but not limited to, care and placement decisions, access to all medical records and power to make all decisions regarding medical treatment and life support. 17. The proposed guardian has the following qualifications: The proposed guardian is the son of PAUL E. RAILING. STEVEN E. RAILING loves and cares for his father and has been attending to his father's daily needs and is the individual with which the medical staff communicates as well as the financial institutions. 18. It is believed at this time that the gross value of the Estate of PAUL E. RAILING is approximately Seventy-five Thousand Dollars ($75,000.00). PAUL E. RAILING's net income from all sources totals approximately One Thousand Eighty-eight Dollars ($1,088.00) per month. WHEREFORE, Petitioner respectfully requests that the Court, under Chapter 55, Section 5511 of the Probate, Estates and Fiduciaries Code, issue a Citation to Paul E. Railing, Paul E. Railing's next of kin, Mark A. Railing, Lebanon VA Medical Center, and to such other persons or facilities as the Court directs, to show cause why Paul E. Railing should not be adjudged to be an incapacitated person and plenary guardian of his person and estate be appointed. Date: June 6, 2003 Respectfully submitted, BATURIN & BATURIN By: '-~~ni~cal'C___Q_ ~.~-'"~~ E. Baturin, Esquire Attorney I.D. No. 73356 717 North Second Street Harrisburg, PA 17102 (717) 234-2427 Attorney for Petitioner COMMONWEALTH OF PENNSYLVANIA · COUNTY OF DAUPHIN . SS: On this, the Iv3'~ day of June, 2003, before me, the undersigned officer, personally appeared STEVEN E. RAILING who, being duly sworn according to law, does depose and say that the facts set forth in the foregoing Petition are true and correct to the best of his knowledge, information and belief. IN WITNESS WHEREOF, I hereunder set my hand and official seal. Sworn to and subscribed before me this {d°~ day of June, 2003. Notary Public Steven E. Railing NOTARIAL SEAL DAVID A. CHUBB, Nota~ Public Harrisburg, Dauphin County My Commission Expires May 21,2006 IN RE: PAUL E. RAILING An incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. CONSENT TO APPOINTMENT OF GUARDIAN Railing. 2. Railing. The name of the proposed guardian of the person of Paul E. Railing is Steven E. The name of the proposed guardian of the estate of Paul E. Railing is Steven E. 3. The proposed guardian is a citizen of the United States of America and speaks, reads and writes the English language. 4. The proposed guardian does not have an interest adverse to the alleged incapacitated person. 5. The proposed guardian is not the Fiduciary, or an officer or an employee of a corporate Fiduciary of an estate in which the alleged incapacitated person has an interest; nor the surety, or an officer or an employee of the corporate surety of such Fiduciary. Date: (SEAL) STEVEN E. RAILING IN RE: PAUL E. RAILING An incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. CERTIFICATE OF SERVICE I, MONICA E. BATURIN, ESQUIRE, certify that on June. 6 ,2003, I served a true and correct copy of the within Petition on the parties named below, by depositing same in the United States mail, certified mail, return receipt requested, postage prepaid as follows: Mark A. Railing 1616 Valley Road Mechanicsburg, PA 17055 Richard Robinson, M.D. Lebanon VA Medical Center 1700 S. Lincoln Avenue Lebanon, PA 17042 Respectfully submitted, BATURIN & BATURIN M(bnica E. Baturin, Esquire Attorney I.D. No. 73356 717 North Second Street Harrisburg, PA 17102 (717) 234-2427 Attorney for Petitioner VERIFICATION I VERIFY THAT THE STATEMENTS MADE IN THIS PETITION ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, BELIEF AND INFORMATION. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. §4904, RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date: June 6, 2003 STEVEN E. RAILING IN THE COURT OF COMMON PLEA CUMBERLAND COUNTY, PENNSYLVANIA IN RE: PAUL E. RAILING An incapacitated person PETITION FOR APPOINTMENT GUARDIAN OF THE PERSON ESTATE OF AN ALLEGED INCAPACITATED PERSON LAW OFFICES BATURIN & BATURIN 717 NORTH SECOND STREET HARRISBURG, PENNSYLVANIA ! 7102 TELEPHONE: (717) 234-2427 FAX: (717) 234-7544 JUN--OG--03 0~2~5 ~PM P.02 IN RE: PAUL E. RAILING An incapacitated I~rson IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-0~462) PRELIMINARY AND NOW. this ~-~ '~'~"~ ~: / _ day of_ ,2003, upon consideration of the atlachcd Petition, IT IS ORDERED that a Citation be awarded and directed to be served personally on Paul E, Railing, the alleged incapacitaled person to show cause why he should not bc adjudged an incapacitated person and why Steven E. Railing should not be appointed as the Plenary Guardian of his Estate and Person. A t~o~ri.g wi, be held on O,~C~' oT.S/ ,, 2003, at /4 ~'~n Courtroom .~_, Paul E. Railing has the right to request the appointment of counsel and the right to have such counsel paid for if it cannot be afforded. IN RE: PAUL E. RAILING An incapacitated person On the Petition of Steven E. Railing IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. Oq 1-03-qC07/. YOU ARE HEREBY NOTIFIED THAT THE ATTACHED PETITION FOR THE APPOINTMENT OF A GUARDIAN HAS BEEN FILED WITH THE ORPHAN'S COURT OF CUMBERLAND COUNTY AND THAT A HEARING ON THE PETITION HAS BEEN SCHEDULED BEFORE IN COURTROOM NUMBER LOCATED IN THE CUMBERLAND COUNTY COURTHOUSE, AT FRONT AND MARKET STREETS, CARLISLE, PENNSYLVANIA, ON THE __ DAY OF 2003, AT O'CLOCK .M. (PREVAILING TIME). THE PURPOSE OF THIS HEARING IS TO DETERMINE: 1. WHETHER YOU SUFFER FROM ANY MENTAL OR PHYSICAL IMPAIRMENT WHICH WOULD AFFECT YOUR ABILITY TO RECEIVE AND EVALUATE INFORMATION EFFECTIVELY AND COMMUNICATE DECISIONS; AND 2. WHETHER SUCH IMPAIRMENT, IF ANY, IS SIGNIFICANT ENOUGH TO RENDER YOU PARTIALLY OR TOTALLY UNABLE TO MANAGE YOUR FINANCIAL RESOURCES OR TO MEET ESSENTIAL REQUIREMENTS FOR YOUR PHYSICAL HEALTH AND SAFETY. AT THE TIME OF THE HEARING, THE COURT WILL RECEIVE EVIDENCE ABOUT YOUR ALLEGED INCAPACITIES OR FUNCTIONAL LIMITATIONS. IF THE COURT DETERMINES THAT INCAPACITIES OR FUNCTIONAL LIMITATIONS EXIST, THE COURT MAY APPOINT A GUARDIAN TO ACT ON YOUR BEHALF. THE APPOINTMENT OF A GUARDIAN IS A MATTER OF GREAT IMPORTANCE SINCE IT WOULD RESTRICT AND INFRINGE UPON YOUR LEGAL RIGHT TO PERFORM CERTAIN ACTIVITIES OR TO MAKE CERTAIN DECISIONS, POSSIBLY INCLUDING THE RIGHT TO HANDLE YOUR OWN MONEY AND TO DECIDE WHERE YOU LIVE. DUE TO THE SERIOUSNESS OF THIS PROCEEDING, YOU HAVE THE RIGHT TO REQUEST THE APPOINTMENT OF COUNSEL AND TO HAVE COUNSEL APPOINTED IF THE COURT DEEMS IT APPROPRIATE. IF YOU CANNOT AFFORD COUNSEL, YOU HAVE THE RIGHT TO HAVE SUCH COUNSEL PAID FOR BY THE COUNTY. IF YOU DO NOT HAVE AN ATTORNEY, OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 Telephone: (717) 249-3166 YOU ALSO HAVE THE RIGHT TO REQUEST THE COURT TO ORDER AN INDEPENDENT EVALUATION OF YOUR ALLEGED INCAPACITIES. ADDITIONALLY, YOU HAVE THE RIGHT TO A TRIAL BY JURY ON THE ISSUE OF YOUR ALLEGED INCAPACITIES. YOU HAVE A RIGHT TO BE PRESENT AT THE COURT HEARINGS UNLESS YOUR PHYSICAL OR MENTAL CONDITION WOULD BE HARMED BY YOUR PRESENCE, OR IF YOU ARE OUT OF PENNSYLVANIA. YOU HAVE THE RIGHT TO APPEAL THE COURT'S DECISION REGARDING YOUR ALLEGED INCAPACITY OR FUNCTIONAL LIMITATIONS AND THE APPOINTMENT OF GUARDIAN BY FILING NOTICE OF APPEAL TO THE SUPERIOR COURT OF PENNSYLVANIA WITHIN 30 DAYS OF THE COURT'S DECISION. YOU ALSO HAVE THE RIGHT TO PETITION THE ORPHANS' COURT OF CUMBERLAND COUNTY FOR A REVIEW HEARING TO MODIFY OR TERMINATE THE GUARDIANSHIP WITHIN 10 DAYS OF THE COURT'S DECISION. YOU MUST ACT PROMPTLY IF YOU HAVE REASONS WHY YOU THINK YOU ARE NOT AN INCAPACITATED PERSON, AND IF YOU OBJECT TO HAVING A GUARDIAN APPOINTED FOR YOUR PERSON AND/OR FOR YOUR PROPERTY. YOU MUST TELL THE COURT YOUR REASONS, OR HAVE YOUR ATTORNEY TELL THE COURT THE REASONS BEFORE OR AT THE TIME OF THE HEARING. I WITNESS MY HAND AND SEAL THIS DAY OF ,2003. By: IN RE: PAUL RAILING An incapacitated person On the Petition of Steven E. Railing : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : :No. 21-03462 CERTIFICATE OF SERVICE I, Monica E. Baturin, Esquire, of the law firm ofBaturin & Baturin, attorney for the Petitioner in the above captioned matter, do hereby certify that on June 6, 2003, I deposited in the United States Mail, at the United States Post Office, Harrisburg, Pennsylvania, an article of Certified Mail, Return Receipt Requested, a time-stamped copy of the Petition For Appointment Of Guardian Of The Person And Estate Of An Alleged Incapacitated Person, bearing Article No. 7002 2030 0006 9062 9897, addressed to: Richard Robinson, M.D., Lebanon VA Medical Center, 1700 S. Lincoln Avenue, Lebanon, PA 17042. The said article of Certified Mail, as shown by the Postal Return Receipt Card, was received by Dr. Robinson, on June 9, 2003, and according to same, was signed by his agent, to wit: Robert Dayhoff, and which card is attached hereto and marked as Exhibit "A", along with the deposit slip dated June 6, 2003, for said article of Certified Mail aforementioned. BATURIN & BATURIN Dated: June 12, 2003 M{~ca E. Baturin, E~quire Attorney I.D. 73356 717 North Second Street Harrisburg, PA 17102 (717) 234-2427 g Return Reciept Fee I ~1../'.} ! II Restricted Delivery Fee I ~. I]~ ~_~, (Endorsement Required) ~ ~ Total Postage & Fees ~~ - ~--II Sent To D | Richard Robinson, · 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: Richard Robinson, M.D. Lebanon VA Medical Center 1700 S. Lincoln Avenue Lebanon, PA 17042 2. Article Numar ~opy ~m se~e ~ ?000 2030 0006 9062 9897 A. Received by (Please Print Clearly) B. Date of Delivery C. Si_gnature r~ n . , *Agent D. Is delivery address differen~rom ~m ~. ~[~] Yes If YES, enter delivery address below: [] No 3. Service Type I~1 Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952 EXHIBIT "A" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, No. 21-03462 IN RE: PAUL RAILING An incapacitated person On the Petition of Steven E. Railing CERTIFICATE OF SERVICE LAW OFFICES BATURIN & BATURIN 717 NORTH SECOND STREET HARRISBURG, PENNSYLVANIA ! 7 ! 02 TELEPHONE: (717) 234-2427 FAX: (717) 234-7544 IN RE: PAUL RAILING An incapacitated person On the Petition of Steven E. Railing · 1N THE COURT OF COMMON PLEAS · OF CUMBERLAND COUNTY, PENNSYLVANIA · No. 21-03462 CERTIFICATE OF SERVICE I, Monica E. Bamrin, Esquire, of the law firm ofBaturin & Baturin, attorney for the Petitioner in the above captioned matter, do hereby certify that on June 6, 2003, I deposited in the United States Mail, at the United States Post Office, Harrisburg, Pennsylvania, an article of Certified Mail, Return Receipt Requested, a time-stamped copy of the Petition For Appointment Of Guardian Of The Person And Estate Of An Alleged Incapacitated Person, beating Article No. 7002 2030 0006 9062 9903, addressed to: Mark A. Railing, 1616 Valley Road, Mechanicsburg, PA 17055· The said article of Certified Mail, as shown by the Postal Return Receipt Card, was received by Mark A. Railing on June 9, 2003, and according to same, was signed by him, to wit: Mark A. Railing, and which card is attached hereto and marked as Exhibit "A", along with the deposit slip dated June 6, 2003, for said article of Certified Mail aforementioned. BATURIN & BATURIN Dated: June 12, 2003 l~lonica E. Baturin, Esquire Attorney I.D. 73356 717 North Second Street Harrisburg, PA 17102 (717) 234-2427 Certified Fe6 ~ I~ ~ mark Return Reciept Fee (Endorsement Required) re Restricted Delivery Fee (Endorsement Required) TOtal Postage&Fees I$ · 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 Addm~ed to: Mr_. Mark A. Railing~ 1616 Valley Road Mechanicsburg, PA 17055 2. Article Number (Copy from service label) 7000 2030 0006 9062 9903 PS Form 3811, July 1999 A. Received by (Please Print C/early) B. Date of Delivery ,C. Signature X ~"/~~ ~ I-I Agent [] Addressee D. Is delivery address different from it~ 17 [] Yes If YES, enter delivery address below: [] No ~'~;i~S~r. ; a ~'~i~ceipt for Merchandise 4. Restricted Dehvery? (~) [] Yes Domestic Return Receipt 102595-00-M-0952 EXHIBIT "A" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, No. 21-03462 IN RE: PAUL RAILING An incapacitated person On the Petition of Steven E. Railing CERTIFICATE OF SERVICE LAW OFFICES BATURIN & BATURIN 717 NORTH SECOND STREET HARRISBURG~ PEN NSYLVANIA ! 7102 TELEPHONE: (717) 234-2427 FAX: (717) 234-7544 717 NORTH SECOND HARRISBURG, PENNSYLVANIA 17102 TELEPHONE: (717) 234-2427 FACSIMILE: (717) 234-7544 IN RE: PAUL E. RAILING An incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-2003-0462 PROOF OF SERVICE OF CITATION I, DEBORAH A. ANDERSON, being duly sworn according to law, depose and state that service of a copy of the Citation and Petition, a copy of which is attached, was made on PAUL "~" ,'/~::~)' (' '~: m E. RAILING, by reading a copy of it to him on Junc, r-~ /, 2003, at . at ~%/,'. t/ /~' , i, n Petmsylvania. I read the Petition and Citation to the alleged incapacitated person, and then explained the documents to him, to the maximum exte:nt possible, in language and temps he was likely to understand. Sworn to and subscribed before me this~:~,fiq4"Uay of June, 2003. Nbt'a~y Public DEBORAH A. ANDERSON ,;-- NOTARI^L SEAL TTE F. HORNE, NOTARY PUBLIClC] rrisburg, Dauphin County guy Commission Expires April 24, 2oo. 1 -_.J I verify that the statements made in this Proof of Service are true and correct to the best of my knowledge, belief and information. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating togtnswom falsific,a$/o..n, t9 authorit!. ~e~, -- [ ~ '/ LAW OFFICES BATURIN & BATURIN 717 NORTH SECOND STREET HARRISBURG, PENNSYLVANIA 17102 FLOYD M. BATURIN MADELAINE N. BATURIN MONICA E. BATURIN HARRY M. BATURIN* *LL.M. IN TAXATION Office of the Register of Wills Orphans' Court Divison CUMBERLAND COUNTY COURT HOUSE One Courthouse Square Carlisle, PA 17013 June 12, 2003 TELEPHONE (717) 234.2427 FACSIMILE {717) 234-7544 M. S. BATURIN (1891-1986) *ALSO ADMITTED TO THE BAR DISTRICT OF COLUMBIA Re: In Re: PAUL RAILING No. 21-03462 On Petition of Steven E. Railing Dear Sir/Madam: Please find enclosed herein an original and two (2) copies of a Certificate of Service confirming service to Mark E. Railing and an original and two (2) copies of a Certificate of Service confirming service to Richard Robinson, M.D., which we are filing in connection with the above-captioned matter. Kindly file the originals, clock-in the copies and return same to our office. A self- addressed, stamped envelope is enclosed for your convenience. If you have any questions whatsoever, please feel free to contact our office at your convenience. Thank you for giving the above your customary close and careful attention. Respectfully, BATON & BATURIN MEB/a Enclosures cc: Steven E. Railing IN RE: PAUL E. RAILING AN INCAPACITATED PERSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-2003-0462 IMPORTANT NOTICE CITATION WITH NOTICE A petition has been filed with the Court to have you declared an Incapacitated Person. If the Court finds you to be an Incapacitated Person, your ~ights will be affected, including our tight to manage money and property and to make decisions. A copy of the petition which has been filed by Steven E. Railing is attached. You are hereby ordered to appear at a hearing to be held in Court Room No. 3, Cumberland County Courthouse, Carlisle, Pennsylvania, on June 25 ,2003, at 11:00 AM. to tell the Court why is should not find you to be an incapacitated Person and appoint a Guardian to act on your behalf. To be an incapacitated Person means that you are not able to receive and effectively evaluate information and communicate decisions and that you are unable to manage your money and/or other property, or to make necessary decisions about where you will live, what medical care you will get, or how your money will be spent. At the heating, you have the right to appear, to be represented by an attorney, and to request a jury trial. If you do not have an attorney, you have the right to request the Court to appoint an attorney to represent you and to have the attorney's fees paid for you if you cannot afford to pay them yourself. You al'so have the right to request that the Court order that an independent evaluation as to your alleged incapacity. If the Court decides that you are an Incapacitated person, the Court may appoint a Guardian for you, based on the nature of any condition or disability and your capacity to make and communicate decisions. The Guardian will be of your person and/or your money and other property and will have either limited of full powers to act for you. If the court finds you are totally incapacitated, your legal tights will be affected and you will not be able to make a contract or gift of your money to other property. If the court finds that you are partially incapacitated, your legal rights will also be limited as directed by the Court. If you do not appear at the heating (either in person or by an attorney representing you) the court will still hold the heating in your absence and may appoint the Guardian requested. By: ' ,..,-.-~.x..r'-, Clerk, Orphans' Cou~ Division~J,.,'~ C~berl~d County, Carlisle, PA My Commission Expires 1 st Monday, ' ~ ,anua , 006 IN RE: PAUL E. RAILING An incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-2003-0462 PROOF OF SERVICE OF CITATION I, DEBORAH A. ANDERSON, being duly sworn according to law, depose and state that service of a copy of the Citation and Petition, a copy of which is attached, was made on PAUL E. RAILING, by reading a copy of it to him on Jun ,2003, at . at //~f~'C~ealthcare facility), / ~ ~-~-J..~'"_~,~/Z//~~ , Lebanon, Pennsylvania. I read the Petition and Citation to the alleged incapacitated person, and then explained the documents to him, to the maximum extent possible, in language and terms he was likely to understand. Sworn to and subscribed before me thisc~,q 4~hday of June, 2003. DEBORAH A. ANDERSON NOTABIAL SEAL g, uphin County I verify that the statements made in this Proof of Service are true and correct to the best of my knowledge, belief and information. I understand that false statements herein are made subject to the penalties .of 18 Pa.C.S. §4904, relating to_4tnswom falsificalio~.t~ authoritie~ Date: C~ t~'~//~ //~~~J~ ~ff~//~~ IN RE: PAUL E. RAILING An incapacilatcd person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-03462 P.RKIJMINARY AND NOW, this I -] _ day of_ ,2003, upon consideration of thc aUached Pctition, IT IS ORDERED that a Citation be awardcd and directed to be served personally on Paul E. Railing, the alleged incapacitated person to show cause why he should not be adjudged an incapacitated person and why Steven E, Railing should not be appointed as thc Plenary Guardian of his Estate and Person, ^ ~o~.g wi, bc held on~ 2. ~ ,2003. ,~t it' o 0 ~-~., in Courtroom ..P_._, Paul E. Railing has the fight to r~quest the appointment ofcounsel and the right to have such counsel paid for if it catmot be afforded. BY TI-~E COURT: .? ! A TRUE COPY FROM RECORD In Testimony wherof, I hereunto set my hand ancl the seal _ of_saLcl_ Court ~~, PA c~ o~.- o,.~,, co~- -~/m--~- -.. Cumberland County IN RE: PAUL E. RAILING An incapacitated person On the Petition of Steven E. Railing IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. YOU ARE HEREBY NOTIFIED THAT THE ATTACHED PETITION FOR THE APPOINTMENT OF A GUARDIAN HAS BEEN FILED WITH THE ORPHAN'S COURT OF CUMBERLAND COUNTY AND THAT A HEARING ON THE PETITION HAS BEEN SCHEDULED BEFORE IN COURTROOM NUMBER , LOCATED IN THE CUMBERLAND COUNTY COURTHOUSE, AT FRONT AND MARKET STREETS, CARLISLE, PENNSYLVANIA, ON THE ~ DAY OF 2003, AT O'CLOCK .M. (PREVAILING TIME). THE PURPOSE OF THIS HEARING IS TO DETERMINE: 1. WHETHER YOU SUFFER FROM ANY MENTAL OR PHYSICAL IMPAIRMENT WHICH WOULD AFFECT YOUR ABILITY TO RECEIVE AND EVALUATE INFORIMATION EFFECTIVELY AND COMMUNICATE DECISIONS; AND 2. WHETHER SUCH IMPAIRMENT, IF ANY, IS SIGNIFICANT ENOUGH TO RENDER YOU PARTIALLY OR TOTALLY UNABLE TO MANAGE YOUR FINANCIAL RESOURCES OR TO MEET ESSENTIAL REQUIREMENTS FOR YOUR PHYSICAL HEALTH AND SAFETY. AT THE TIME OF THE HEARING, THE COURT WILL RECEIVE EVIDENCE ABOUT YOUR ALLEGED INCAPACITIES OR FUNCTIONAL LIMITATIONS. IF THE COURT DETERMINES THAT INCAPACITIES OR FUNCTIONAL LIMITATIONS EXIST, THE COURT MAY APPOINT A GUARDIAN TO ACT ON YOUR BEHALF. THE APPOINTMENT OF A GUARDIAN IS A MATTER OF GREAT IMPORTANCE SINCE IT WOULD RESTRICT AND INFRINGE UPON YOUR LEGAL RIGHT TO PERFORM CERTAIN ACTIVITIES OR TO MAKE CERTAIN DECISIONS, POSSIBLY INCLUDING THE RIGHT TO HANDLE YOUR OWN MONEY AND TO DECIDE WHERE YOU LIVE. DUE TO THE SERIOUSNESS OF THIS PROCEEDING, YOU HAVE THE RIGHT TO REQUEST THE APPOINTMENT OF COUNSEL AND TO HAVE COUNSEL APPOINTED IF THE COURT DEEMS IT APPROPRIATE. IF YOU CANNOT AFFORD COUNSEL, YOU HAVE THE RIGHT TO HAVE SUCH COUNSEL PAD FOR BY THE COUNTY. IF YOU DO NOT HAVE AN ATTORNEY, OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 Telephone: (717) 249-3166 YOU ALSO HAVE THE RIGHT TO REQUEST THE COURT TO ORDER AN IN'DEPENDENT EVALUATION OF YOUR ALLEGED INCAPACITIES. ADDITIONALLY, YOU HAVE THE RIGHT TO A TRIAL BY JURY ON THE ISSUE OF YOUR ALLEGED INCAPACITIES. YOU HAVE A RIGHT TO BE PRESENT AT THE COURT HEARINGS UNLESS YOUR PHYSICAL OR MENTAL CONDITION WOULD BE HARMED BY YOUR PRESENCE, OR IF YOU ARE OUT OF PENNSYLVANIA. YOU HAVE THE RIGHT TO APPEAL THE COURT'S DECISION REGARDING YOUR ALLEGED INCAPACITY OR FUNCTIONAL LIMITATIONS AND THE APPOINTMENT OF GUARDIAN BY FILING NOTICE OF APPEAL TO THE SUPERIOR COURT OF PENNSYLVANIA WITHIN 30 DAYS OF THE COURT'S DECISION. YOU ALSO HAVE THE RIGHT TO PETITION THE ORPHANS' COURT OF CUMBERLAND COUNTY FOR A REVIEW HEARING TO MODIFY OR TERMINATE THE GUARDIANSHIP WITHIN 10 DAYS OF THE COURT'S DECISION. YOU MUST ACT PROMPTLY IF YOU HAVE REASONS WHY YOU THINK YOU ARE NOT AN INCAPACITATED PERSON, AND IF YOU OBJECT TO HAVING A GUARDIAN APPOINTED FOR YOUR PERSON AND/OR FOR YOUR PROPERTY. YOU MUST TELL THE COURT YOUR REASONS, OR HAVE YOUR ATTORNEY TELL THE COURT THE REASONS BEFORE OR AT THE TIME OF THE HEARING. I WITNESS MY HAND AND SEAL THIS · DAY OF ., 2003. By: IN RE: PAUL E. RAILING An incapacitated person On the Petition of Steven E. Railing IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. PETITION FOR APPOINTMENT OF GUARDIAN OF THE PERSON AND ESTATE OF AN ALLEGED INCAPACITATED PERSON TO THE HONORABLE JUDGE OF SAID COURT: AND NOW COMES, Petitioner, STEVEN E. RAILING, by and through his Attorneys, the Law Offices of BATURIN & BATURIN, and files the within Petition for the Appointment of Guardian of the Person and Estate by this Honorable Court upon PAUL E. RAILING, an Alleged Incapacitated Person, and in support thereof, respectfully represents the following: 1. The alleged incapacitated person is PAUL E. RAILING, who is currently a patient at the Lebanon VA Medical Center located at 1700 S. Lincoln Ave, Lebanon, Pennsylvania 17042. Mr. Railing is 66 years old, his date of birth being July 19, 1937. His residence of record is 224 W. Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. PAUL E. RAILING is a single man. 3. PAUL E. RAILING is not a patient in a mental hospital. 4. The Petitioner is STEVEN E. RAILING of 224 W. Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania 17055, and he is the son of PAUL E. RAILING. PAUL E. RAILING has two (2) children: Mark A. Railing and Steven E. Railing. 5. The names and addresses of those persons who would be the intestate heirs (or next of kin) of PAUL E. RAILING are as follows: Mark A. Railing of 1616 Valley Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 and Steven E. Railing of 224 W. Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 6. The names and addresses of the person or institutions providing residential services to PAUL E. RAILING are as follows: Lebanon VA Medical Center, 1700 S. Lincoln Avenue, Lebanon, Pennsylvania 17042. There are no other current service providers. 7. PAUL E. RAILING'S primary physician is Richard Robinson, M.D. of the Lebanon VA Medical Center, 1700 S. Lincoln Avenue, Lebanon, Pennsylvania 17042. 8. PAUL E. RAILING is not currently a member of the Armed Services of the United States and is not known to be receiving benefits from the United States Veterans Administration. 9. The Petitioner asks that he, STEVEN E. RAILING, be appointed as Guardian of the Person and Estate of PAUL E. RAILING. As aforementioned, the proposed guardian is the son of PAUL E. RAILING. 10. The proposed guardian has no interests which are adverse to the interests of PAUL E. RAILING. 11. Petitioner believes, and therefore avers, that no Court has ever assumed jurisdiction in a proceeding to determine whether PAUL E. RAILING is incapacitated. 12. Petitioner believes, and therefore avers, that PAUL E. RAILING has not previously had a guardian appointed, nor is there a guardianship heating pending in any other jurisdiction. 13. This present guardianship is being sought for the following reasons: It has been conveyed to the proposed guardian by the medical staff at the Lebanon VA Medical Center that PAUL E. RAILING suffered severe brain damage due to kidney failure from a stroke which occurred after recent open-heart surgery. The alleged incompetent is also diabetic. He is incoherent and unable to process information nor can he communicate to staff or family members in anyway whatsoever. PAUL E. RAILING is thus, totally unable to manage his financial affairs and completely incapable of making any decisions regarding health/medical care. An affidavit from the attending physician regarding the status of the alleged incompetent's health will be provided at the time of said hearing. 14. The functional limitations and physical mental condition of PAUL E. RAILING are: PAUL E. RAILING is completely unable to manage his financial affairs, and is totally unable to make competent decisions as far as his health and welfare. PAUL E. RAILING is not able to communicate in any way whatsoever nor is he able to perform any of his activities of daily living without total assistance. The medical staff at the Lebanon VA Medical Center has instructed the proposed guardian to promptly locate a suitable nursing home in which to place the alleged incompetent. 15. PAUL E. RAILING was not able to fully execute a power of attorney nor did he execute a living will prior to his becoming incapacitated and is presently incompetent and totally unable to execute such documents. Therefore, no less restrictive alternatives are presently available to adequately provide for the physical and financial care of PAUL E. RAILING. 16. The Petitioner respectfully requests that the guardian be granted powers to act for PAUL E. RAILING in the following specific areas: financial management (i.e. payment of bills) and medical and health care decisions, including but not limited to, care and placement decisions, access to all medical records and power to make all decisions regarding medical treatment and life support. 17. The proposed guardian has the following qualifications: The proposed guardian is the son of PAUL E. RAILING. STEVEN E. RAILING loves and cares for his father and has been attending to his father's daily needs and is the individual with which the medical staff communicates as well as the financial institutions. 18. It is believed at this time that the gross value of the Estate of PAUL E. RAILING is approximately Seventy-five Thousand Dollars ($75,000.00). PAUL E. RAILING's net income from all sources totals approximately One Thousand Eighty-eight Dollars ($1,088.00) per month. WHEREFORE, Petitioner respectfully requests that the Court, under Chapter 55, Section 5511 of the Probate, Estates and Fiduciaries Code, issue a Citation to Paul E. Railing, Paul E. Railing's next of kin, Mark A. Railing, Lebanon VA Medical Center, and to such other persons or facilities as the Court directs, to show cause why Paul E. Railing should not be adjudged to be an incapacitated person and plenary guardian of his person and estate be appointed. Date: June 6, 2003 Respectfully submitted, BATURIN & BATURIN By: E. Baturin, Esquire Attorney I.D. No. 73356 717 North Second Street Harrisburg, PA 17102 (717) 234-2427 Attomey for Petitioner VERIFICATION I VERIFY THAT THE STATEMENTS MADE IN THIS PETITION ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, BELIEF AND INFORMATION. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. §4904, RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date: June 6, 2003 STEVEN E. RAILING COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF DAUPHIN : On this, the [)~- day of June, 2003, before me, the undersigned officer, personally appeared STEVEN E. RAILING who, being duly sworn according to law, does depose and say that the facts set forth in the foregoing Petition are true and correct to the best of his knowledge, information and belief. IN WITNESS WHEREOF, I hereunder set my hand and official seal. Steven E. Railing Sworn to and subscribed before me this {a~ day of June, 2003. Notary Public NOTARIAL SEAL 1 DAVIDA. CHUBB, Notar~ Public ~ Harrisburg, Dauphin County ~ My Commission Expires May 21,2006/ IN RE: PAUL E. RAILING An incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. CONSENT TO APPOINTMENT OF GUARDIAN Railing. 2. Railing. The name of the proposed guardian of the person of Paul E. Railing is Steven E. The name of the proposed guardian of the estate of Paul E. Railing is Steven E. 3. The proposed guardian is a citizen of the United States of America and speaks, reads and writes the English language. 4. The proposed guardian does not have an interest adverse to the alleged incapacitated person. 5. The proposed guardian is not the Fiduciary, or an officer or an employee of a corporate Fiduciary of an estate in which the alleged incapacitated person has an interest; nor the surety, or an officer or an employee of the corporate surety of such Fiduciary. Date: STEVEN E. RAILING IN R_E: PAUL E. RAILING An incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. CERTIFICATE OF SERVICE I, MONICA E. BATURIN, ESQUIRE, certify that on June 6 ,2003, I served a tree and correct copy of the within Petition on the parties named below, by depositing same in the United States mail, certified mail, return receipt requested, postage prepaid as follows: Mark A. Railing 1616 Valley Road Mechanicsburg, PA 17055 Richard Robinson, M.D. Lebanon VA Medical Center 1700 S. Lincoln Avenue Lebanon, PA 17042 Respectfully submitted, BATURIN & BATURIN By: t ~ - LLLq&/F~ Monica E. Baturin, Esquire Attorney I.D. No. 73356 717 North Second Street Harrisburg, PA 17102 (717) 234-2427 Attorney for Petitioner :21 PM Po ~4 IN RE: PAUl, E. RAILING An incapacitated person f,',' THE COb'.,.:.'? OF COMMON PLEAS 0i: .'JlV'SEl'c', kND COUNTY .... :' ~, NSYLVANIA ORPHANS' COURT DIVISION NO. . ~, -w~o.: AFFt DAVIT OF DR. RICHARD ROBINSON IN SUPPORT OF PETFflON '10 ADSUDICATE. 1. My name is: Richard Robinson, M.] 2, .My occupation is as a: Physician My medical specialty is; My business addreas i~: L:baao'~ VA Medic:l Czvter 1700 S. Lincoln Avenue Leban~.n, Pennsy!w: :,!,: ?042 (717) 272 6621 My educational background is as a. State medical/Graduate School: ~/Z/~_..~ D:g:ee: b. Stale Undergraduate: I am licensed by the Commonwealth ofPennsyNaaia a~ a: fjDrC/t:~,a ) . EXHIBIT "A" 2UN--20--~$ 0~ :22 Pr.1 p. ~ 7. I am affiliated with the Lebano:~ VA Medical Center as an atending physician, 8. I have been affiliated with the. L,,banon VA Ivled.~c,~., Center [ first met Paul E, Railing on: ~6/~ ~-/,~ 3 · 10. last reviewed Paul E. Railing's medical chart I1, 12. Paul E. Railing currently receives the medications listed below: ,~z,,.-./~ .u Z-. ,' 13. 14. Paul E. Railing's prognosis is fTave, The extent of Paul E. Railing's ability/to c.~mrr, unic.~:.? is as follows: it, Verbally: No ability w~tatsct,'~,:r. b. In Writing: No aOility wt:atsoever. c. Other Means: No ability '~;/hatsoever. 15. The extent of Paul E. Railing's ability to receive information is as follows: a, Reading: Not at all. b. Hearing: Not at ail. 10. Paul E. Railing is completely incapable ofindependently performing any activitbs of daily living. 17. Paul E. Railing has emotional limitations in the form of.' 18. Paul E. Railing does not comprehend his surroundings. He require~ supervision and monitoring, .ks a resu!; ofhb grave con4ition, he ha.q been mover; to hospice care within thc Lebanon Va Medical 19, Paul E, Railing is ~:c~mpletely ~r,[apabtc ofi~an~,'i~,i. ::': ..;.a~., .1 and personal affairs, however, minor. Iqc requires '.c. tal assi'. 20. Paul E. Railing, if called upon to grant ~r. ia~,m,:d ,:¢:~.,-,ent to any medic~,~ i~r¢cedurc, however minor or straightforward, would be un;i: le grant t~' ~t because of his comp!.cle inability to comprehend the nature of the procedure 21. Paul E. Railing cannot in any way whals,~ ever pa~icipate in :;:,~nitoring and managing his own medical care and medication. He r:quire.~ cemplet,z :: ~:~ ::':'ision :-, ~his area. 22. Paul E. Railing~ severe limita~:icns relevant to th{s g,~rdianship .zroceeding are not likely to ever improve. To the exten~, reievan[' '~ cnan,~,e, is likel;t ;~ will be, in my medical opinion, expressed with reasonable medical ce, rtainty, .:'c :' the w.;,x~,, JUN--20--O~ 05 :22 PPI P. 07 23. I ant aware of thc statutory definition of "incapacitated person" under Pencsylvmait~ law. 24, My professional/medical opinion, based on my examinations of Paul E, Railing and rny review of his medical charts and records, expressed with reasonable medical certainty, is that Paul E. Railing is totally incapacitate~l a to matters affec/.ing his person. 25. My professional/medical opinion, based on examinations of Paul E. Riii:~:g and rny review of his medical records, expressed with reasonable medical certainty, is that hc is totally incapacitated as to matters affecting his financial affairs. 26. My overall medical opinion expressed with reasonable medical certainty, is that Paul £. Railing requires the immediate appointment of a guardian of his pers~ and es;ate. 27. My professional/medical opinion is that Paul E. Railing would seller severe medical harm is he were required to attend his guardianship heating, however, even if he were to attends Paul 15. Railing would not be able to contribute in any way to the hearing, nor would he comprehend in any way the proceeding3 regarding a determination of his capacily to handle his own personal and financial affairs. JUN--20--O5 05 :22 PM P. 08 I, Richard Robinson, M.D., being duly sworn according 'to law deposes and stales that I make this Affidavit on behalf of Paul E. Railing and t~at the facts set forth in t}",e foregoing Affidavit are true and correct to tke best o:' my l,,i:awledge, information, and belief. [ verify that the statements in this Affidavit are true and correct. I under:~tand that i]~lsc statements herein m'e made subject to t'-,e pena!tie~ of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. Richard Robi_nsc,.',: M.D. Sworn to and bc fbIF'~ .e I~i s a'~_~day of ..... ~ .... 2003. ~otary Public IN RE: PAUL RAILING An incapacitated person On the Petition of Steven E. Railing · IN THE COURT OF COMMON PLEAS · OF CUMBERLAND COUNTY, PENNSYLVANIA · No. 21-03462 CERTIFICATE OF SERVICE I, Monica E. Baturin, Esquire, of the law firm ofBaturin & Baturin, attorneys for the Petitioner in the above captioned matter, do hereby certify that on June 24, 2003, a certified, time-stamped copy of the Preliminary Decree, Citation and Petition For Appointment Of Guardian Of The Person And Estate of An Alleged Incapacitated Person was hand-delivered to Mark A. Railing, as evidenced by the attached Affidavit of Service attached hereto. Respectfully submitted, BATURIN & BATURIN Dated: June 24, 2003 ~onica E. Baturin, Esquire Attorney I.D. 73356 717 North Second Street Harrisburg, PA 17102 (717) ~ ~ -' 234-2427 ~ -' IN RE: PAUL E. RAILING An incapacitated person On the Petition of Steven E. Railing IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-03462 AFFIDAVIT OF SERVICE STATE OF Pennsylvania COUNTY OF Cumberland I, DEBORAH A. ANDERSON, do hereby depose and state that on June 24, 2003, I did personally serve upon Mark A. Railing a certified, time-stamped copy of the Preliminary Decree, Citation and Petition For Appointment Of Guardian Of The Person And Estate of An Alleged Incapacitated Person, in connection with the above-captioned matter, and addressed to Mark A. Railing, by hand-delivering same, at 1616 Valley Road, Mechanicsburg, Cumberland County, Pennsylvania 17055, and informing him of the nature of the pleading, guardian proceeding and the hearing scheduled for June 25, 2003, at 11:00 a.m., in Courtroom #3, at the Cumberland County Courthouse, Carlisle, PA. Deborah A. Anderson SWORN AND SUBSCR~j~ED TO BEFORE ME THIS ~% . DAY OF JUNE, 20037~'--' ; (~ . /~ c~ ! ANTOINETTE F. HORNE, NOTARY PUBLIC Notary Public ~ ! '~'~' -ummlssion Ex.~'t~ April 24, 2005 _ [vly Ccranission Expires: IN RE: PAUL E. RAILING An incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-2003-0462 PROOF OF SERVICE OF CITATION I, DEBORAH A. ANDERSON, being duly sworn according to law, depose and state that service of a copy of the Citation and Petition, a copy of which is attached, was made on PAUL E. RAILING, by reading a copy of it to him on Jun ,2003, at . at //~f~'f~&F~q~ealthcare facility), ,/" .~"'~ ~/...~"_,2~/L/'/~.~).~,j , Lebanon, Pennsylvania. I read the Petition and Citation to the alleged incapacitated person, and then explained the documents to h/m, to the maximum extent possible, in language and terms he was likely to understand. Sworn to and subscribed before me this~,q q4klay of June, 2003. N6t~y Public DEBORAH A. ANDERSO.~_ ? I verify that the statements made in this Proof of Service are true and correct to the best of my knowledge, belief and information. I understand that false statements herein are made subject to the penalties .of 18 Pa.C.S. {}4904, relating to_.A, tnswom falsificgJ, ion~t,9, authoritig,~. Date: _t'~ t,~/~ / ~,,c,-- IN RE: PAUL E. RAILING AN INCAPACITATED PERSON : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : : NO. 21-2003-0462 IMPORTANT NOTICE CITATION WITH NOTICE A petition has been filed with the Court to have you declared an Incapacitated Person. If the Court finds you to be an Incapacitated Person, your ~ights will be affected, including our tight to manage money and property and to make decisions. A copy of the petition which has been filed by Steven E. Railin~ is atiached. You are hereby ordered to appear at a heating to be held in Court Room No. 3, Cumberland County Courthouse, Carlisle, Pennsylvania, on June 25 ,2003, at 11:00 AM. to tell the Court why is should not find you to be an incapacitated Person and appoint a Guardian to act on your behalf. To be an incapacitated Person means that you are not able to receive and effectively evaluate information and communicate decisions and that you are unable to manage your money and/or other property, or to make necessary decisions about where you will live, what medical care you will get, or how your money will be spent. At the heating, you have the fight to appear, to be represented by an attorney, and to request a jury trial. If you do not have an attorney, you have the fight to request the Court to appoint an attorney to represent you and to have the attorney's fees paid for you if you cannot afford to pay them yourself. You abso have the tight to request that the Court order that an independent evaluation as to your alleged incapacity. If the Court decides that you are an Incapacitated person, the Court may appoint a Guardian for you, based on the nature of any condition or disability and your capacity to make and communicate decisions. The Guardian will be of your person and/or your money and other property and will have either limited of full powers to act for you. If the court finds you are totally incapacitated, your legal tights will be affected and you will not be able to make a contract or gift of your money to other property. If the court finds that you are partially incapacitated, your legal tights will also be limited as directed by the Court. If you do not appear at the heating (either in person or by an attorney representing you) the court will still hold the heating in your absence and may appoint the Guardian requested. Clerk,, O, rphans Cturt~Di, v.i,sion~A kli/-i-~'~j~.LDd Cumoertand County, t..artiste, r / January,MY C°mmissi°n Expires 1st M°ndav' 2006 ~ ""J ' ~' ~:'~ IN RE: PAUL E. RAILING An incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-03462 PRgI.IM~NARY DI~CREK AND NOW, this I -]~day_ of_4L./~..~..,< , 2003, upon consideration of the attached Petition, IT IS ORDERED that a Citation be awarded and directed to be serv~ personally on Paul E. Railing, the alleged incapacitated person to show cause why he should not bc adjudged an incapacitated person and why Steven E, Railing should not be appointe, d as the Plenary Guardian of'his Estate and Person, fix AHearingwiHbchcldon~ 2...~ ,,2003, at it' ~L'~ ~---'rh.,in Courtroom '..z..~, Paul E. Railing has the right to request the appointment ofcounscl and the right to have such counsel paid for if it cannot be afforded. A TRUE COPY FROM RECORD In Testimony wherof, I hereunto set my hand and the seal _ of ~ Court at,Carl~e, PA ~. OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION An incapacitated person · NO. On the Petition of Steven E. Railing YOU ARE HEREBY NOTIFIED THAT THE ATTACHED PETITION FOR THE APPOINTMENT OF A GUARDI,4aN HAS BEEN FILED WITH THE ORPHAzN"S COURT OF CL~IBERLANT) COUNTY AND THAT A HEARING ON THE PETITION HAS BEEN SCHEDULED BEFORE IN COURTROOM NU ~'MBER , LOCATED IN THE CUMBERLANT) COUNTY COURTHOUSE, AT FRONT AND 2vLadKKET STREETS, CARLISLE, PENNSYLVANIA, ON THE ~ DAY OF ., 2003, AT O'CLOCK .M. (PREVAILING TEME). · THE PURPOSE OF THIS HEARING IS TO DETEPuMIN~: 1. WHETHER YOU SUFFER FROM ANY MENTAL OR PHYSICAL IMPAIRMENT ~VHICH WOULD AFFECT YOUnR ABILITY TO RECEIVE AND EVALUATE LNFORa¥IATION EFFECTIVELY ANT) COMMUNICATE DECISIONS; ANT) 2. WHETHER SUCH DvIPAIPuMENT, IF ANY, IS SIGNIFICzauNT ENOUGH TO RENDER YOU PARTIALLY OR TOTALLY UNABLE TO M)uNAGE YOUR FINANCIAL RESOURCES OR TO MEET ESSENTIAL REQUIREMENTS FOR YOUR PHYSICAL HEALTH AND SAFETY. AT THE TIME OF THE HEARING, THE COURT WILL RECEIVE EVIDENCE ABOUT YOUR ALLEGED INCAPACITIES OR FUNCTIONAL LIMITATIONS. IF THE COURT DETERMINES THAT INCAPACITIES OR FUNCTIONAL LIMITATIONS EXIST, IMPORTANCE SINCl~ LEGAL RIGHT TO PER.FORM DECISIONS, POSSIBLY INCLUDIbt~ i MONEY AND TO DECIDE WHERE YOU LI¥ DUE TO THE SERIOUSNESS OF THIS PROCEEDING, YOU HAVE THE RIGt[ TO REQUEST THE APPOINTMENT OF COUNSEL A_ND TO HAVE COUNSEL APPOINTED IF THE COURT DEEMS IT APPROPRIATE. IF YOU CANNOT AFFORI, COUNSEL, YOU HAVE THE RIGHT TO HAVE SUCH COUNSEL PAID FOR BY THI' COUNTY. IF YOU DO NOT HAVE AN ATTORNEY, OR CANNOT AFFORD ONE, GO T( ~ , TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 Telephone: (717) 249-3166 YOU ALSO HAVE THE RIGHT TO REQUEST THE COURT TO ORDER AN EN'DEPENT)ENT EVALUATION OF YOUR ALLEGED INCAPACITIES. ADDITIONAl YOU HAVE THE RIGHT TO A TRIAL BY JURY ON THE ISSUE OF YOUR ALLEGEI INCAPACITIES. YOU HAVE A RIGHT TO BE PRESENT AT THE COURT HEARIN(,~ UNLESS YOUR PHYSICAL OR MENTAL CONDITION WOULD BE HARMED BY Y( PRESENCE, OR IF YOU ARE OUT OF PENNSYLVANIA. YOU HAVE THE RIGHT TO APPEAL THE COURT'S DECISION REGARDIN( ~ YOUR ALLEGED INCAPACITY OR FUNCTIONAL LIMITATIONS AND THE COURT OF PENNSYLVANIA WITHIN _ 30 DAYS OF THE COURT'S DECISION. YOU .ALSO HAVE THE RIGHT TO PETITION THE ORPHANS' COURT OF CUMBERLAND COUNTY FOR A REVIEW HEARING TO MODIFY OR TERaMINATE THE GUARDIANSHIP WITHIN' 10 DAYS OF THE COURT'S DECISION. YOU MUST ACT PROMPTLY IF YOU HAVE REASONS WHY YOU THINK YOU ARE NOT AN INCAPACITATED PERSON, AND IF YOU OBJECT TO I-L4.VING A GUARDIAN APPOENTED FOR YOUR PERSON AND/OR FOR YOUR PROPERTY. YOU MUST TELL THE COURT YOUR REASONS, OR HAVE YOUR ATTORN-EY TELL THE COURT THE REASONS BEFORE OR AT THE TIME OF THE I-IEAREN'G. I WITN-ESS MY HAND AND SEAL THIS DAY OF ,2003. By: An incapacitated person On the Petition of Steven E. Railing OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. PETITION FOR APPOINTMENT OF GUARDIAN OF THE PERSON AND ESTATE OF AN AI.I,EGED INCAPACITATED PERSON TO THE HONORABLE JUDGE OF SAID COURT: A~ND NOW COMES, Petitioner, STEVEN E. RAILING, by and through his Attorneys, the La~v Offices ofBATURIN & BATURIN, and files the within Petition for the Appointment of Guardian of the Person and Estate by this Honorable Court upon PAUL E. RAILING, an Alleged Incapacitated Person, and in support thereof, respectfully represents the following: 1. The alleged incapacitated person is PAUL E. RAILING, who is currently a patient at the'Lebanon VA Medical Center located at 1700 S. Lincoln Ave, Lebanon, Pennsylvania 17042. Mr. Railing is 66 years old, his date of birth being July 19, 1937. His residence of record is 224 W. Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. PAUL E. RAILING is a single man. 3. PAUL E. RAILING is not a patient in a mental hospital. 4. The Petitioner is STEVEN E. RAILING of 224 W. Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania 17055, and he is the son of PAUL E. RAILING. PAUL E. RAILING has t~vo (2) children: Mark A. Railing and Steven E. Railing. 5. The names and addresses of those persons who would be the intestate heirs (or next of kin) of PAUL E. RAILING are as follows: Mark A. Railing of 1616 Valley Road, ~..~.,,~,.,l ........ ~, '.-'~-l*,~,...~,~.~culu %,~Julll..,y, · I;;,liil:).ylV(lllld. I I lY.)..' ~iIIU. Dt~V~II .g,. l~a. lllll~ I_ll //'-}. VV. Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 6. The names and addresses of the person or institutions providing residential services to PAUL E. RAILING are as follows: Lebanon VA Medical Center, 1700 S. Lincoln Avenue, Lebanon, Pennsylvania 17042. There are no other current service providers. 7. PAUL E. RAILING'S primary physician is Richard Robinson, M.D. of the Lebanon VA Medical Center, 1700 S. Lincoln Avenue, Lebanon, Pennsylvania 17042. 8. PAUL E. RAIl,lNG is not currently a member of the Armed Services of the United States and is not known to be receiving benefits fi.om the United States Veterans Administration. 9. The Petitioner asks that he, STEVEN E. RAILING, be appointed as Guardian of the Person and Estate of PAUL E. RAILING. As aforementioned, the proposed guardian is the son of PAUL E. RAILING. 10. The proposed guardian has no interests which are adverse to the interests of PAUL E. RAILING. 11. Petitioner believes, and therefore avers, that no Court has ever assumed .jurisdiction in a proceeding to determine whether PALrL E. RAILING is incapacitated. 12. Petitioner believes, and therefore avers, that PAUL E. RAILING has not previously had a guardian appointed, nor is there a guardianship hearing pending in any other jurisdiction. 13. This present guardianship is being sought for the following reasons: It has been conveyed to the proposed guardian by the medical staff at the Lebanon VA Medical Center that ~rop~.\s~ ~ )c~tell., PAL ~L ! - wihl F Si'~i¢i, ad~:qua:'el' ..dar, M he%lt, ,;:1 mOt;-ca-1 t- The alleged incompetent is also diabetic. He is information nor can he communicate to staffor family members ItAFLING is thus, totally unable to manage his financial affairs any decisions regarding health/medical care. An affidavit ~:."'~ u~ling the status of the alleged incompetent's health will be mil ~,tions and physical mental condition of PAUL E. RAILING ,I! ,~, t,:ly unable to manage his financial affairs, and is totally i~'t :,.,,,,~,~ as far as his health and welfare. PAUZ E. RAILING is not ,' ~ I~:ttsoever nor is he able to perform any of his activities of .,,'~c" The medical staff at the Lebanon VA Medical Center has promptly locate a suitable nursing home in which to place the was not able to fully execute a power of attorney nor did he .,)minx incapacitated and is presently incompetent and totally 'fherefore, no less restrictive alternatives are presently lhe physical and financial care of PAUL E. RAILING. q,,:/fully requests that the guardian be granted powers to act for ~g specific area: financial management (i.e. payment of bills) ,a ~s, including but not limited to, care and placement decisions, ~wer to make all decisions regarding medical treatment and 17. The proposed guardian has the following qualifications: The proposed guardian is the son of PAUL E. RAILING. STEVEN E. RAILING loves and cares for his father and has bee~ attending to his father's daily needs and is the individual with which the medical staff communicates as well as the financial institutions. 18. It is believed at this time that the gross value of the Estate of PAUL E. RAILING is approximately Seventy-five Thousand Dollars ($75,000.00). PAUL E. RAILING's net income from all sources totals approximately One Thousand Eighty-eight Dollars ($1,088.00) per month. WHEREFORE, Petitioner respectfully requests that the Court, under Chapter 55, Section 5511 of the Probate, Estates and Fiduciaries Code, issue a Citation to Paul E. Railing, Paul E. Railing's next of kin, Mark A. Railing, Lebanon VA Medical Center, and to such other persons or facilities as the Court directs, to show cause why Paul E. Railing should not be adjudged to be an incapacitated person and plenary guardian of his person and estate be appointed. Date: June 6, 2003 Respectfully submitted, BATURIN & BATURIN By: lC.Q_ ~. Mbnica E. Baturin, Esquire Attorney I.D. No. 73356 717 North Second Street Harrisburg, PA 17102 (717) 234-2427 Attorney for Petitioner I VERIFY THAT THE STATEMENTS MADE IN' THIS PETITION ARE TRUE AND CORRECT TO THE BEST OF MY KNO%VLEDGE, BELIEF AND IN-FORMATION. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. §4904, RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date: June 6, 2003 STEVEN E. tLAILIN'G · SS: ~UNT¥ OF DAUPHIN : O1~ this, the day of June, 2003, before me, the undersig-ned officer, personally ,l~l¢ared si'EVEN E. RAILING who, being duly sworn according to law, does depose and say the flu I:t set forth in the foregoing Petition are true and correct to the best of his knowledge, ~ i;,~Tnati~,l~ ,nd belief. IN V7 tTNESS WHEREOF, I hereunder set my hand and official seal. NOTARIAL SEAL /~' CHUBB, Notar~ Public ~d~l,Uu. rg. Dauphin County . ..,~,,~,ls$~on Expires May 21. 2006 Steven E. Railing An incapacitated person llXl 11-'11~, k~kJUlq. 1 k./l* K.,k. Ji¥11VI~,.JiN OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. CONSENT TO APPOINTMENT OF GUARDIAN Railing. 2. Railing. The name of the proposed guardian of the person of Paul E. Railing is Steven E. The name of the proposed guardian of the estate of Paul E. Railing is Steven E. 3. The proposed guardian is a citizen of the United States of America and speaks, reads and writes the English language. 4. The proposed guardian does not have an interest adverse to the alleged incapacitated person. 5. The proposed guardian is not the Fiduciary, or an officer or an employee ora corporate Fiduciary of an estate in which the alleged incapacitated person has an interest; nor the surety,, or an officer or an employee of the corporate surety of such Fiduciary. Date: STEVEN E. RAILING (SEAL) An incapacitated person OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. CERTIFICATE OF SERVICE I, MONICA E. BATURIN, ESQUIRE, certify that on June 6 ,2003, I served a true and correct copy of the within Petition on the parties named below, by depositing same in the United States mail, certified mail, return receipt requested, postage prepaid as follows: Mark A. Railing 1616 Valley Road Mechanicsburg, PA 17055 Richard Robinson, M.D. Lebanon VA Medical Center 1700 S. Lincoln Avenue Lebanon, PA 17042 Respectfully submitted, BATURIN & BATURIN Monica E. Baturin, Esquire Attorney I.D. No. 73356 717 North Second Street Harrisburg, PA 17102 (717) 234-2427 Attorney for Petitioner JUN--20--O~ 0~ :21 PM P. 84 IN RB: PAUL E. RAILING An incapacitated person f!,' THE CO,?,:'? ,',,4 , ,..'; COMMON PLEAS Oi', , JIv.5t~~;~,AND COUNTY,,. .NSYLVANIA ORJ- HAN¥' ,'.~ :~ td-RT DIVISION I. My name is: IN ~UPPORT OF PEll~ ION 2 ~E, ~;LING A N INC ~,ts~';~ :' '~' ~"~ pr' ~'.'~":)N Richard ,lobins',~r;, M. ) ~r, .My occupation is as a: My medical specialty ~s; P.hTsieiai~ :. My business addrc;~s i~: L:ba;,o'~ VA M:,iic: !', .... .z,,.er 1'~00 S. iincoln Avenu.~ Lcb~,.qon,t'erm~,- -.o~,,,.. ;.: .,t, . 7042 [7171 272 6621 My educational bazlground is ',,'.. tt a. State medical/Graduae School: b, State Llndcrgraduat~: '~'~' d~& y qn,'/~e'r.~/~ I am licensed by the CommonWealtk of l'ennsyivaaia as a: ?~)rO~:~ t - EXHIBIT "A" JUN--20--O-~ 0~ :22 PM P. 05 7. I am affiliated with the Lebano~.~ VA Medical Ce,ter as an attending physician, I have been affiliated with the ~"LanorL Va IX".. .':<: 'L ~.:: ~ ~ * _e.~er sinc,~: [ first met Paul E, Railing on: t:~,/a ~-/~ ~ · 10. last reviewed Paul E. Railing's medical chari ,r:' Ct,/]e,-~'/ta g 11, Paul E. Railing's pertinent diagx~oucs are: 12. Paul E. Railing currently receiv,2s thc medications liat~ct below: 13. l~aul E. Railing's prognosis is l/Tave, 14, The extent of Paul E. Railing's abJ. lity~:o t:mnrr, unic~:,~ is as follows: ~t. Verbally: b. In Writing: c. Other Means: No ability ~a,.~.'~atsc.~ ~,~ ~')'. No a0ility wi atsoever. No abilit~ ~,'~atsoever. JUH--20--O~ 0~ :22 PH P. 06 15. The extent of' Paul E. Railing's ability to r~ceive i~:fonnation is as follows: a, Reading: Not at ail. b. Hearing: Not at all. 1O. Paul E. Railing is COlnpletely in:apable ofind?endcl:tly performing any activities of daily living. 17. Paul E. Railing has emotional I!mitations in the form of: 18. Paul E, Railing does not comprehend his surroanfi;~s. He. requires cons:,,;:nt supervision and monitoring, A.s a resul~ ~fhi~ grave c.~w!;t{on, .he ha.~ been moved to hospice care within thc Lebanon VA Medical '- 19, Paul E;, Railing is completely ir, cap~blc ofhand:ii.~. '.'::a fi:~a~,;;'ll and personal affairs, , } ft however, minor. He requires '.cml assi~',,rc ~in .~:se .... ~- 20. Paul E. Railing, i.f'callcd upon to g::ant ~:t,nm¢.'t ,;.:.,~,-ent to any medical procedure, howewr minor or straightforward, would be uia,,i: te $:.'mt t: :l because of his cornpiele inability to comprehend thc nature of the procedure 21. Paul E. Railing cannot in any way whats, ever participate in :a,mitoring and managing his own medical care and mediemion, He requires ccrnplet,; :: t:,.'.'.'ision ~., ,his area. 22. Paul E. Railingk severe limita":ic, ns relevant 1o iai:. ;,,trcBansinp ,:roceeding are not likely to ever irnprovc. To the extent reievam ,::?,e.tm is lB:el 7 ~ '~, lli be., in my medical opinion, expressed with reasonable medical c:rtainty, ": .' the 3'UFI--20--0~ 0~ :22 PI~ P. 87 23. I am aware of thc statutory defir, i;ion o~'"ir, capaci;,~!;¢d ~'-~rson" under Pennsylvania law. 24, My pro£¢ssional/medical opinion, based on ml, r.::aminations o£Paul E, Railing and nay review of his medical charts and records, expressed wh~ r..,~:xsonable medical certainty, is that Paul E. Railing is totally incapacitated '.t~ tc matt:~';~ at':.~ec:i:4~ his person. 25. My professional/medical opinion, i,~ased vn exarni~a:.iens of Paul E. Rai~ing and my review of his medical records, expressed with teascr, ah'~¢ r:,cdical certainty, is thai hc is totally incapacitated as io matters affecting his fi:~,mcial affai,$. 26. My overall medical opinion expressed with reasov,.able medical certainty, is fl'~at Paul E. Railing requires the immediate appointment ora~,~,,,o"~:"v~,,,.~.. ~ ~;~ h~s perso~ and estate. 27. My professional/medical opic:ion is that Paul E. R:dling would suffer severe medical harm is he were required to attend his guardianship he~:,: in.~;, however, even if he were to attend., Patti E. Railing would not be able to ¢ontribu:: in any w~7 to ~he hearing, nor would he comprehend in any way the proceed[ng-~ regarding a a~.ter,?,.rta:~on of his capacity to handle his own personal and financial affairs. JUH--20--o:g 0:~ :22 PM P. 88 1, Richard Robinson, M.D., being duly ~wcm ac¢o?di2g to law deposes and stales that I m~ke this Affidavit on behalf of Paul E. ~.ailin~. :,nd t!~a~ d~e facts set forth in the foregoing ' ~,.ormatmn, and belief. AFfidavit are true and correct to the bet',, o; .'r,3, !..l o~vledge, i"~' ' [ verify that the statements in tl'Js A£~d,a~,:,t are. h:~: rind correct, I understand that false statements herein are made subject to t'~e l.,enalfies oi 18 Pu.C.S.A. §4904 relating to unsworn falsific, alion to authorities. .(SEAL) ~i.":n;..rO ~.obin.~or.. M.D. Sworn to and bc fo r~.c th.i ~ ~,,~__'~day et' ..... ~___, 2003. /Notary Public Commission Expirest "' mama~,~ ' '"" IN RE: PAUL RAILING An incapacitated person On the Petition of Steven E. Railing · IN THE COURT OF COMMON PLEAS · OF CUMBERLAND COUNTY, PENNSYLVANIA · No. 21-03462 CERTIFICATE OF SERVICE I, Monica E. Baturin, Esquire, of the law firm ofBaturin & Baturin, attorneys for the Petitioner in the above captioned matter, do hereby certify that on June 24, 2003, a certified, time-stamped copy of the Preliminary Decree, Citation and Petition For Appointment Of Guardian Of The Person And Estate of An Alleged Incapacitated Person was hand-delivered to Mark A. Railing, as evidenced by the attached Affidavit of Service attached hereto. Respectfully submitted, BATURIN & BATURIN Dated: June 24, 2003 ~vlonica E. Baturin, Esquire Attorney I.D. 73356 717 North Second Street Harrisburg, PA 17102 (717) 234-2427 IN RE: PAUL E. RAILING An incapacitated person On the Petition of Steven E. Railing IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-03462 AFFIDAVIT OF SERVICE STATE OF Pennsylvania COUNTY OF Cumberland I, DEBORAH A. ANDERSON, do hereby depose and state that on June 24, 2003, I did personally serve upon Mark A. Railing a certified, time-stamped copy of the Preliminary Decree, Citation and Petition For Appointment Of Guardian Of The Person And Estate of An Alleged Incapacitated Person, in connection with the above-captioned matter, and addressed to Mark A. Railing, by hand-delivering same, at 1616 Valley Road, Mechanicsburg, Cumberland County, Pennsylvania 17055, and informing him of the nature of the pleading, guardian proceeding and the hearing scheduled for June 25, 2003, at 11:00 a.m., in Courtroom #3, at the Cumberland County Courthouse, Carlisle, PA. Deborah A. Anderson SInE)PN AND SUBSCR~[~ED TO BEFORE ME THIS ~% DAY OF JUNE, 20037 ' ]' NOTARIAL SEAL r'x . y( c~.-. / ANTOINETTE F. HORNE, NOTARY PUBLIC [ \ '¥- ~ )r)'l~.~.J. o Harrisburg, Dauphin Ooun My Cor~nission Expires: IN RE: PAUL E. RAILING An incapacitated person On Petition of STEVEN E. RAILING: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-2003-0462 FINAL ORDER OF COURT APPOINTING PI,ENARY GUARDIAN AND NOW, this ~ day of June, 2003, a hearing in this case having been held on June 25, 2003, at 11:00 a.m., and it appearing to the Court that PAUL E RAILING as well as next-of-kin, Mark A. Railing were personally served with a Citation and Notice of this hearing on June 24, 2003, and that the physical or mental condition of PAUL E. RAILING would be harmed by his presence at hearing, and further finds from the testimony: 1. That PAUL E. RAILING, a diabetic, suffers from the effects of stroke which caused severe brain damage after recent open-heart surgery, which totally impairs his capacity to receive and evaluate information effectively and to make and communicate any decisions concerning his management of financial affairs or to meet essential requirements for his physical health and safety; 2. That there are insufficient supports available to assist PAUL E. RAILING in such decisions and that there exists no other less restrictive alternative mechanism for decision- making; 3. That based on the total incapacity of PAUL E. RAILING to receive and evaluate information and to make or communicate decisions, a plenary Guardian of the Person and a plenary Guardian of the Estate are required on a permanent basis; NOW, THEREFORE, based on the clear and convincing evidence supporting the foregoing findings it is ORDERED, ADJUDGED and DECREED that PAUL E. RAILING be and is hereby adjudged a totally incapacitated person and that his son STEVEN E. RAILING is appointed Plenary Permanent Guardian of the Person and Estate. As Plenary Permanent Guardian of the person, STEVEN E. RAILING, has the authority to access all PAUL E. RAILING's medical records, and to make all decision regarding medical treatment and life support. An Inventory must be filed within ~ days. A report by the Guardian shall be filed within 12 months and annually thereafter. Bond is hereby waived. PAUL E. RAILING, an incapacitated person, has the right to appeal this Order of Court by filing Exceptions within ten (10) days from the date of this Order or to Petition this Court for a Review Hearing to modify or terminate the Guardianship herein established. If PAUL E. RAILING was not present at this hearing on appointment of a Guardian, then Petitioner shall serve upon and read to PAUL E. RAILING the Statement of Rights, a copy of which is attached to this ORDER as Exhibit "A", and file proof of such service with this Court within ten (10) days. BY THE COURT: p. Judge IN RE: PAUL E. RAILING An incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-2003-0462 STATEMENT OF RIGHTS UPON APPOINTMENT OF A GUARDIAN AN ORDER HAS BEEN ENTERED WHEREBY YOU HAVE BEEN ADJUDICATED AN INCAPACITATED PERSON AND UNABLE TO CARE FOR YOURSELF AND/OR MANAGE YOUR PERSONAL AFFAIRS. YOU HAVE THE RIGHT TO FILE EXCEPTIONS TO THE COURT'S DECISION WITHIN TEN (10) DAYS OF THE DATE OF THE COURT'S ORDER. IF YOU FAIL TO FILE EXCEPTIONS, THE ORDER WILL BECOME FINAL. IN THE EVENT THAT YOU FILE EXCEPTIONS AND THEY ARE DENIED, YOU HAVE A RIGHT TO FILE AN APPEAL TO THE SUPERIOR COURT WITHIN THIRTY (30) DAYS OF THE DATE OF THE DENIAL OF THE EXCEPTIONS. IN ADDITION, YOU MAY PETITION THE COURT AT ANY FUTURE TIME TO MODIFY OR TO TERMINATE THE GUARDIANSHIP IF THERE IS A CHANGE IN YOUR CAPACITY OR IF YOUR GUARDIAN FAILS TO PERFORM HIS DUTIES IN ACCORDANCE WITH THE COURT'S ORDER. IF YOU WISH TO APPEAL THE ORDER OR TO PETITION THE COURT TO MODIFY OR TERMINATE THE GUARDIANSHIP, YOU HAVE THE RIGHT TO BE REPRESENTED BY AN ATTORNEY. IF YOU DO NOT HAVE AN ATTORNEY, THE COURT MAY APPOINT ONE TO REPRESENT YOU. IF YOU CANNOT AFFORD AN ATTORNEY, THE SERVICES OF AN ATTORNEY WHOM THE COURT MAY APPOINT FOR YOU MAY BE PROVIDED AT NO COST TO YOU. Exhibit "A" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAN No. 21-03462 IN RE: PAUL RAILING An incapacitated person On the Petition of Steven E. Railing FINAL ORDER OF COURT APPOINTING PLENARY GUARDI, LAW OFFICES BATURIN & BATURIN 717 NORTH SECOND STREET HARRISBURG, PENNSYLVANIA ! 7102 TELEPHONE: (7 ! 7) 234-2427 FAX: (7 ! 7) 234-7544 IN RE: PAUL E. RAILING AN INCAPACITATED PERSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-2003-0462 IMPORTANT NOTICE CITATION WITH NOTICE A petition has been filed with the Court to have you declared an Incapacitated Person. If the Court finds you to be an Incapacitated Person, yourxights will be affected, including our right to manage money and property and to make decisions. A copy of the petition which has been filed by Steven E. Railing is attached. You are hereby ordered to appear at a hearing to be held in Court Room No. 3, Cumberland County Courthouse, Carlisle, Pennsylvania, on June 25 ,2003, at 11:00 AM. to tell the Court why is should not find you to be an incapacitated Person and appoint a Guardian to act on your behalf. To be an incapacitated Person means that you are not able to receive and effectively evaluate information and communicate decisions and that you are unable to manage your money and/or other property, or to make necessary decisions about where you will live, what medical care you will get, or how your money will be spent. At the hearing, you have the fight to appear, to be represented by an attorney, and to request a jury trial. If you do not have an attorney, you have the right to request the Court to appoint an attorney to represent you and to have the attorney's fees paid for you if you cannot afford to pay them yourself. You also have the fight to request that the Court order that an independent evaluation as to your alleged incapacity. If the Court decides that you are an Incapacitated person, the Court may appoint a Guardian for you, based on the nature of any condition or disability and your capacity to make and communicate decisions. The Guardian will be of your person and/or your money and other property and will have either limited of full powers to act for you. If the court finds you are totally incapacitated, your legal rights will be affected and you will not be able to make a contract or gift of your money to other property. If the court finds that you are partially incapacitated, your legal rights will also be limited as directed by the Court. If you do not appear at the hearing (either in person or by an attorney representing you) the court will still hold the heating in your absence and may appoint the Guardian requested. Clerk, Orphans Court Division Cumberland County, Carlisle, PA January,My Commission2006 Expires 1st Monday, IN RE: PAUL E. RAILING An incapacitated person NO. 21-2003-0462 PROOF OF SERVICE OF STATEMENT O1~ RIG}ITS UPON APPOINTMENT OF A GUARI)IAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION I, DEBORAH A. ANDERSON, being duly sworn according to law, depos6;and state that service of a copy of the Statement of Rights Upon Appointment of a Guardian, a copy of which is attached, was made on PAUL E. RAILING, by reading a copy of it to him on Jun~.-~F.q, 2003, at ~'"~c::'Q'O f~ .m. at the Lebanon VA Medical Center, 1700 S. Lincoln Avenue, Lebanon, Pennsylvania. I read the Statement of Rights to the alleged incapacitated person to the terms was ikely u rstand. DEBORAH A. ANDERSON Sworn to and subscribed before me this ~ day of June, 2003. Notary Public I NOTARIAL SEAL I DAVID A. CHUBB, Notary Public ! I-laa~tli~l~l~t'a~tW~ts m~de in this Proof of Service arc true and correct to thc best of mJ ~a~l~gr0~i~l~'ttg/t~t-rt~tq~h. I understand that, false statoments herein are made subject to the penalties of la Pa.C.S. §4904~~~rit~ies. Date: /]~"B6RAH A ANDERSO1~ IN RE: PAUL E. RAILING An incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-2003-0462 On Petition of STEVEN E. RAILING: FINAL ORDER OF COURT APPOINTING PLENARY GUARDIAN AND NOW, this ffs. r~ day of June, 2003, a hearing in this case having been held on June 25, 2003, at 11:00 a.m., and it appearing to the Court that PAUL E RAILING as well as next-of-kin, Mark A. Railing were personally served with a Citation and Notice of this hearing on June 24, 2003, and that the physical or mental condition of PAUL E. RAILING would be hammd by his presence at hearing, and further finds from the testimony: That PAUL E. RAILING, a diabetic, suffers from the effects of stroke which caused severe brain damage after recent open-heart surgery, which totally impairs his capacity to receive and evaluate information effectively and to make and communicate any decisions concerning his management of financial affairs or to meet essential requirements for his physical health and safety; 2. That there are insufficient suppo~s available to assist PAUL E. RA~ING ~n ~ch dccisions and that there exists no other less restrictive alternative mechanism for d~ts~on- 3. That based on the total incapacity of PAUL E. RAILING to receive arid evaluate information and to make or communicate decisions, a plenary Guardian of the Person and a plcnary Guardian of the Estate are required on a permanent basis; NOW, THEREFORE, based on the clear and convincing evidence supporting the foregoing findings it is ORDERED, ADJUDGED and DECREED that PAUL E. RAILING be and is hereby adjudged a totally incapacitated person and that his son STEVEN E. RAILING is appointed Plenary Permanent Guardian of the Person and Estate. As Plenary Pemaanent Guardian of the person, STEVEN E. RAILING, has the authority to access all PAUL E. RAILING's medical records, and to make all decision regarding medical treatment and life support. An Inventory must be filed within ~ days. A report by the Guardian shall be filed within 12 months and annually thereafter. Bond is hereby waived. PAUL E. RAILING, an incapacitated person, has the right to appeal this Order of Court by filing Exceptions within ten (10) days from the date of this Order or to Petition this Court for a Review Hearing to modify or terminate the Guardianship herein established. If PAUL E. RAILING was not present at this hearing on appointment of a Guardian, then Petitioner shall serve upon and read to PAUL E. RAILING the Statement of Rights, a copy of which is attached to this OR~ER as Exhibit "A', and file proof of such service with this Cour~ within ten (10) days. BY THE COURT: p. Judge IN RE: PAUL E. RAILING An incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-2003-0462 STATEMENT OF RIGHTS UPON APPOINTMENT OF A GUARDItX,_N AN ORDER HAS BEEN ENTERED WHEREBY YOU HAVE BEEN ADJUDICATED AN INCAPACITATED PERSON AND UNABLE TO CARE FOR YOURSELF AND/OR MANAGE YOUR PERSONAL AFFAIRS. YOU HAVE THE RIGHT TO FIL'E EXCEPTIONS TO THE COURT'S DECISION WITHIN TEN (10) DAYS OF THE DATE OF THE COURT'S ORDER. IF YOU FAIL TO FILE EXCEPTIONS, THE ORDER WILL BECOME FINAL. IN THE EVENT THAT YOU FILE EXCEPTIONS AND THEY ARE DENIED, YOU HAVE A RIGIiT TO FILE AN APPEAL TO THE SUPERIOR COURT WITHIN THIRTY (30) DAYS OF THF DATE OF THE DENIAL OF THE EXCEPTIONS. [N ADDITION, YOU MAY PETITION THE COURT AT ANY FUTURE TIME TO MODIFY OR TO TERMINATE THE GUARDIANSHIP IF THERE IS A CHANGE IN YOUR CAPACITY OR IF YOUR GUARDIAN FAILS TO PER.FORM HIS DUTIES IN ACCORDANCE WITH THE COURT'S ORDER. IF YOU WISH TO APPEAL THE ORDER OR TO PETITION THE COURT TO MODIFY OR TERMINATE THE GUARDIANSHIP, YOU HAVE THE RIGHT TO BE REPRESENTED BY AN ATTORNEY. IF YOU DO NOT HAVE AN ATTORNEY, THE COURT MAY APPOINT ONE TO REPRESENT YOU. IF YOU CANNOT AFFORD AN ATTORNEY, THE SERVICES OF AN ATTORNEY WHOM THE COURT MAY APPOINT FOR YOU MAY BE PROVIDED AT NO COST TO YOU. Exhibit "A' IN ~E: P~IIL E. R~ILIN~ ~ incapacitated person On Petition of STEVEN E. RAILING In the Court of Common Pleas of Cumberland County, Pennsylvania No. 21-2003-0462 Civi! Please withdraw the present action from the above-referenced docket n~nber as the incapacitatedperson is now deceased. Respectfully submitted, BATURIN & BATURIN Mo~ica E. Baturin, Esquire Attorney I.D. No. 73356 717 North Second Street Harrisburg, PA 17102 (717) 234-2427 Attorney for Petitioner To 2003 Attorney for Plaintiff No. Term, 19 __ VS. Filed PRAECIPE 19 Atty. PA O.C. Rule 5 (b) Form of Certification of Notice. CERTIFICATION OF NOTICE UNDER RULE 5.6(a~ Name of Decedent: PAUL EUGENE RAILING Date of Death: 06/29/2 003 Will Number: 2003-00462 Administration Number: To the Register of Wills, Cumberland County: I certify that notice of 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 Aueust 15. 2003 ' NAME ADDRESS Steven Eugene Railing 224 W. Simpson Street Mechanicsburg, PA 17055 Mark A. Railing 1616 Valley Road Mechanicsburg, PA 17055 Notice has now been give to all persons thereto under Rule 5.6(a) except Signature ~rl~o ~ Date ~) Name (Please Print) Harry M. Baturin, Esquire Telephone Number: 717-234-2427 Address City State Zip Code BATURIN & BATURIN 717 North Second Street Harrisburg PA 17102 Capacity: · ' __ Personal Representative X Counsel for Personal Representative Register of Wills of CUMBERLAND County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of Railing~ Paul Eugene also known as , Deceased Steven Eugene l~ilin~ Social Security No. 204282051 Petitioner(s), who is/are 18 years of age or older, apply)les) for: (COMPLETE "A" OR "B" BELOW:) A. Probate and Grant of Letters and aver that Petitioner(s) is/are the execut or r '~ Decedent, dated April 37 1992 and codicil(s) dates N/A named in the Last Will of the State relevant circumstances, e.g., renunciation, death of executor, etc Except as follows, Decedent did not marry, was not divorced and did not have a child born or adopted after execution of the documents offered for probate; was not the victim of a killing and was never adjudicated incapacitated: B. Grant of Letters of Administration (c.t.a., d.b.n.c.t.a.: pendente lite, durante absentia; durante minodtate) Petitioner(s) after a proper search has/have ascertained the Decedent left no Will and was survived by the following spouse (if any) and heirs: Name Relationship Residence (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence at 224 W. Simpson Street~ Mechanicsburg~ Cumberland County~ Pennsylvania 17055 (list street, number and municipality) Decedent, then 66 years of age, died June 29 , 2003, at VA Medical Center~ Lebanonr PA (Location) Decedent at death owned property with estimated values as follows: (if domiciled in PA All personal property ......................................... $ (if not domiciled in PA Personal property in Pennsylvania .................... $ (if not domiciled in PA Personal property in County .............................. $ Value of real estate in Pennsylvania ........................................................................................ $ 50~000,00 Total ..................................................................................................................... $ 50~000.00 Real Estate situated as follows: 224 W. Simpson Street? Mechanicsburg~ PA 17055 Wherefor, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of letters in the appropriate form to the undersigned: Signature Typed or printed name and residence Steven Eugene Railing~ 224 W. Simpsons St.~ Mechanicsburgz PA 17055 RW-1 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 i,.-~ ~ m~t.¢ day of DECREE OF REGISTER Estate of R~ilinq, Paul Euoene also known as Deceased No. 21-03-462 Social Security No: 204282051 Date of Death: June 29~ 2003 AND NOW, JULY , · 2003 , in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters ~ Testamentary I~ of Administration ((c.t.a., d.b.n.c.t.; pendente lite; durante absentia; durante minoriate) are hereby granted to Steven Eul~ene Railin~ in the above estate and that the instrument(s), if any, dated April 3, 1992 described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES Letters .................................... $ Short Certificates(s) .... § ......... $ Renunciation .......................... $ Extra Pages( ! ) ............... $ I.T.R ....................................... $ JCP Fee ................................. $ Inventory ................................ $ Other ...................................... $ TOTAL ............................. 80.00 18.00 3.00 10.00 111.00 Attorney: Han-y M. Baturin~ Esquj.[~. I.D. No: ~,~.oq6.. Address: 717 North Sccona Harrisburg . PA 17102 Telepho~: 717 DATE FILED: his is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Ix)cai Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent ~ling. WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $2.00 COMMONWEALTH OF PENNSYLVANIA · DEPARTMENT OF HEALTH" VITAL RECORDS CERTIFICATE OF DEATH Railing 65 v,. ! I Jul 19, 1937 Cumberland County, ~.,~,,.,.i~ ~mo~,~ 0 o~0 t~ ga a..~..~l ~,~ Le~non ' J~.L~n~ ~p [~A M~ical Center Construction ~ ~ ~ ~ , D~ Waller I I I . a ¢..,., ~orced ~.T.s u.t~ ~ ~,.. ~. ~. z~ I~m.s Pennsylvania 224 West Mechanicsbur~, Pona~lvania ~705 ,~-~ Cumberland Ray Railing Clara Thumma ~T'S ~ ~, ~. ~. ~.~h . _ ~'s~ Steven E. Railing ~ 224 WestS~mpson Street MecnamcsDurg, Pa 17055 ~ ~~ ~[ Jul 1 2003 uono.te uremato~ Schaefferstown, Pa. 17088 I 7:30 a.. a. Oune 29, 2~3~~' . 'MEOICAL EXAMINER/CORONER Shubha [{. A,ch~rya, M ..D.. ~. ~ Medical Cel~ter, ~eDanon, pa 17042 21-03-462 Register of Wills of CtnVm~RL^ND County, Pennsylvania OATH OF SUBSCRIBING WITNESS Estate of Railing7 Paul Eugene also known as , Deceased No. 21-03-462 Floyd M. Baturin A.F. Home (each) a subscribing witness to the [~ codicil(s) [~ will(s) presented herewith, (each) duly qualified according to law depos(s) and say(s) that she/he/they was/were present and saw the above Testator/rix) sign the same and that she/he/they signed as a witness at the request of the Testor(rix) in his/her/their presence and (~ in the presence of each other ~1 in the presence of the other subscribing witness(es). (Signature) 717 North Second Street Harrisburg PA 17102 (Address) 717 North Second Street Harrisburg PA 17102 (Address) Sworn to or affirmed and subscribed before me this 15th day of JULY 2003 Notary Public My Commission Expires: (Signature and seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's commission.) NOTE: To be taken by officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization. RW-2 WILL AND TFaSTAM~NT ]~Oo 616 PAUL EUGENE BAILING ~ o1: Borough of Mechanicsburg in the County of Cu~rland and State of Pennsylvania, being of sound mind. memory and understanding, do make and publish this my last will and testament, hereby revoking and making void all former wills by me at any time heretofore made. And first, I direct that my funeral be conducted in manner corresponding with my estate and situation in life and that all my just debts and funeral expenses be fully paid and satisfied as soon as conveniently may be after my decease. As to such estate as it hath pleased God to intrust me with, I dispose of the same as follows, viz: FIRST: I give, devise and bequeath unto my beloved son, S?EVEN EUGENE RAILING, of the Borough of Shirmanstown, Cumberland County, Pennsylvania, all of my property, real, personal and mixed, of what nature and kind soever, and wheresoever the same shall be at the time of my death. SECOND: been imposed 'I hereby waive any requirement which my have otherwise upon the Executor of this, my estate, to post a bond in connection with the administration of said' estate, in this or any other jurisdiction, where permitted by law. ObiI~IIkrd ENHO0~ NH/~.r~q 'uos p~toI~ Am ~m. oddv, t)u~ o~n~!]suoo 'o~ .mmou Xqa.~aq I puv IN RE: ESTATE OF · PAUL EUGENE RAILING · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. NOTICE OF BENEFICIAL INTEREST BEFORE THE REGISTER OF WILL, COUNTY OF CUMBERLAND, PENNSYLVANIA In re Estate of PAUL EUGENE RAII,ING , deceased, No. of TO: Steven Eugene Railing 224 W. Simpson Street Mechanicsburg, PA 17055 (Beneficiary) (Address) Please take notice of the death of decedent and the grant of letters to the personal representatives named below. You may have a beneficial interest in the estate as follows: Name of decedent PAUL EUGENE RAILING Last known address of decedent 224 W. Simpson Street, Mechanicsbur~. PA 17055 Place of death VA Medical Center, Lebanon, PA County of grant of original letters Cumberland County A copy of the will is X is not attached. (Will was delivered-prev, iQusly.) Names, addresses, and telephone numbers of all personal representatives appointed: Name Address Steven Eugene Railing 224 W. Simpson Street Mechanicsburg, PA 17055 Name, address, and telephone number of counsel: Name Address Harry M. Baturin, Esq. 717 North Second Street Harrisburg, PA 17102 Additional information may be obtained from the undersigned. Date: Signature Name Harry. M. Baturin; Esq. Address Telephone Capacity Telephone 717-795-8354 Telephone 717-234-2427 BATURIN & BATURIN 717 North Second Street Harrisburg, PA 17102 (717) 234-2427 Personal Representative X Counsel for the Estate 0 0: ;iL! 5 [ itl? ~0. Register of Wills of CUMBERLAND County, Pennsylvania OATH OF SUBSCRIBING WITNESS Estate of Railing7 Paul Eugene also known as No. , Deceased Floyd M. Baturin A.F. Home (each) a subscribing witness to the I~ codicil(s) I~ will(s) presented herewith, (each) duly qualified according to law depos(s) and say(s) that she/he/they was/were present and saw the above Testator/rix) sign the same and that she/he/they signed as a witness at the request of the Testor(rix) in his/her/their presence and I~ in the presence of each other I~l in the presence of the other subscribing witness(es). 7%ll~T~rth Se eehdS tre Harrisburg (Signature) (Address) PA 17102 (Signature) 717 North Second Street Harrisburg PA 17102 (Address) Sworn to or affirmed and subscribed before/~e this day of Notaw Public ' ! v My Commission Expires: (Signature and seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's commission.) NOTE: To be taken by officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization. RW-2 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 003397 BATURIN HARRY M 717 NORTH SECOND STREET HARRISBURG, PA 17102 ........ fold ESTATE INFORMATION: SSN: 204-28-2051 FILE NUMBER: 2103-0462 DECEDENT NAME: RAILING PAUL EUGENE DATE OF PAYMENT: 12/31 / 2003 POSTMARK DATE: 00/00/0000 COUNTY: CUMBERLAND DATE OF DEATH: 06/29/2003 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 $3,949.46 TOTAL AMOUNT PAID: $3,949.46 REMARKS: STEVE E RAILING C/O HARRY M BATURIN ESQUIRE SEAL CHECK# 158 INITIALS: JA RECEIVED BY: DONNA M. OTTO DEPUTY REGISTER OF WILLS REGISTER OF WILLS O0 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE DEPT. 280601 HARRISBURG, PA 17128-0601 DECEDENT'S NAME (LAST, FIRST, AND MIDDLE INITIAL Railing, Paul Eugene DATE OF DEATH (MM-DD-Year) 06/29/20O3 REV-1500 INHERITANCE TAX RETURN RESIDENT DECEDENT JDATE OF BIRTH (MM-DD-Year) 07/19/1937 (IF APPLICABLE) SURVIVING SPOUSE'S NAME (LAST, FIRST, AND MIDDLE INITIAL) N/A OFFICIAL USE ONLY FILE NUMBER 2 1 -0 3 0 4 6 2 COUNTY CODE YEAR NUMBER SOCIALSECURITYNUMBER 2 0 4-2 8-2 0 5 1 THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS SOCIAL SECURITY NUMBER [~]1. Odginal Return 4. Limited Estate F~6. Decedent Died Testate (Ntanh copy of Will) J--J 9. Litigation Proceeds Received NAME Harry M. Baturin~ Esquire FIRM NAME (If Applicable) B^TURIN & BATURIN TELEPHONE NUMBER 717-234-2427 F~2. Supplemental Return O4a. Futura Interast Compromise (date ofdeah alter 12-12-82) r'-I 7. Decedent Maintained a Living Trust (^tach co~y of Trust) D10. Spousal Poverty Credit (date of de~ between 12-31-91 and 1-1-95) COMPLETE MAILING ADDRESS 717 North Second Street E~3. Remainder Return (date of death prior to 12-13-82) D5. Federal Estate Tax Return Required 0_._ 8. Total Number of Safe Deposit Boxes D 11. Election to tax under Sec. 9113(A) Attach Sch O) Harrisburg PA 17102 1. Real Estate (Schedule A) (1) 2. Stocks and Bonds (Schedule B) (2) 3. Closely Held Corporation, Partnership or Sole-Proprietorship (3) 4. Mortgages & Notes Receivable (Schedule D) (4) 5. Cash. Bank Deposits & Miscellaneous Personal Property (5) (Schedule E) 6. Jointly Owned Property (Schedule F) (6) D 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 & Administrative Costs (Schedule H) (9) 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) (10) 11. Total Deductions (total Lines 9 & 10) 12. Net Value of Estate (Line 8 minus Line 11) 13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been made (Schedule J) 75,000.00 1'576'10.0~ 0.00 22,820.14 0.00 OFFICIAL USE ONLY (8) 99~396.30 8,861.96 2,768.46 (11) 11,630.42 (12) 87,765.88 (13) 14. Net Value Subject to Tax (Line 12 minus Line 13) (14) 87~765.88 SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116 (a)(1.2) 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. X ~ (15) 87~765.88 X .045 (16) 3,949.46 X .12 (17) X .15 (18) (19) 3,949.46 Decedent's Complete Address: STREET ADDRESS 224 W. Simpson Street CITY Mechanicsburg ISTATE PA ziP 17055 Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) 2. Credits/Payments A. Spousal Poverty Credit B, Prior Payments C. Discount 3. Interest/Penalty if applicable D. Interest E, Penalty 4, If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT, Check box on Page I Line 20 to request a refund 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. A. Enter the interest on the tax due. Total Credits ( A + B + C ) Total Interest/Penalty ( D + E ) (1) (2) (3) (4) (5) (5A) (5B) 3~949.46 3~949.46 B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. Make Check Payable to: REGISTER OF WILLS, AGENT PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: Yes No a. retain the use or income of the property transferred; ........................................................................... [] [] b. retain the dght to designate who shall use the property transferred or its income; ........................................ [] [] c. retain a reversionary interest; or ...................................................................................................... [] [] d, receive the promise for life of either payments, benefits or care? ............................................................. 2. if death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? ............................................................................................... [] [] 3. Did decedent own an "in trust for' or payable upon death bank account or secudty at his or her death? ................. [] [] 4. Did decedent own an individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? ....................................................................................................... [] [] IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN, 3~949.46 Under penates of perjury, I declare that l have, examine~i. ~is .ret,urn, in, cludi,n,g..accom..panyi.ngL.sc?edul?? _a_n~_s..ta_t_e..m~,..n~:,~to the best of my knowledge and belief, it is true, correct and complete, Declaration of preparer other than the persona representa~ve is oase~ on all information OT wnlcn preparer S,GNA'TURE (~1: ~ERSO. RES.O.S,B/E FOR F,.~/I.(~.~E'FLJR... ,.~ DA'rE ADDRESS PA 17055 224 W. Simpson Street Mechanicsburg DATE SIGNATURE OF PREPARER OTHER THAN REPRESENTATIVE ADDRESS For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 3% [72 P.S. §9116 (a) (1.1) (i)]. For dates of death on or affer January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0% [72 P.S. §9116 (a) (1.1) (ii)]. The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are still applicable even 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 from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent, an adoptive parent, or a stepperent 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 beneficiaries is 4.5%, except as noted in 72 P.S. {}9116(1.2) [72 P.S. §9116(a)(1)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12% [72 P.S. §9116(a)(1.3)]. A sibling is defined, under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. ~ ~REV-150:~X + (6-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE A REAL ESTATE ESTATE OF FILE NUMBER Railina. Paul Euaene 21 09 O4t~ All real property owned solely or as a tenant in common must be reported at fair market value. Fair market value is defined as the pdce at which pmpert7 would be exchanged between a willing buyer and a willing seller, neither being compelled to buy or sell, both having reasonable knowledge of the relevant facts. ITEM NUMBER Real property which is joint¥owned with right of survivorship must be disclosed on Schedule F. DESCRIPTION 224 W. Simpson Street Mechanicsburg, PA 17055 TOTAL (Also enter on line 1, Recapitulation) VALUE AT DATE OF DEATH 75,000.00 75~000.00 (If more space is needed, insert additional sheets of the same size) REV-1503 EX (6-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE B STOCKS & BONDS ESTATE OF FILE NUMBER Railina. Paul Eug~n~ 21 0;~ All property jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM NUMBER DESCRIPTION 1. Keystone Investment Club TOTAL (Also enter on line 2, Recapitulation) VALUEAT DATE OF DEATH 1,576.16 1~576.16 (If mom space is needed, insert additional sheets of the same size) REV-1504 EX + (6-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE C CLOSELY-HELD CORPORATION, PARTNERSHIP OR SOLE-PROPRIETORSHIP ESTATE OF FILE NUMBER Railina. Paul Euaene ;~1 Q~ Q4~ Schedule C-1 or C-2 (including all supporting information) must be attached for each closely-held corporation/partnership interest of the decedent, other than a sole-proprietorship. See instructions for the supporting information to be submitted for sole-proprietorships. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1. N/A 0.00 TOTAL (Also enter on line 3, Recapitulation) $ 0.00 (If more space is needed, insert additional sheets of the same size) REV-1505 EX + (6-98) COMMONWEALTH Of PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE C-1 CLOSELY-HELD CORPORATE STOCK INFORMATION REPORT ESTATE OF Railina. Paul Euo~ne 1. Name of Corporation Address City 2. Federal Employer I.D. Number 3. Type of Business FILE NUMBER 21 State __ Zip Code State of Incorporation Date of Incorporation 0462 Product/Service Total Number of Shareholders Business Reporting Year Common $ Preferred $ Provide all dghts and restrictions pertaining to each class of stock. 5. Was the decedent employed by the Corporation? ....................................... [] Yes [] No If yes, Position Annual Salary $ Time Devoted to Business 6. Was the Corporation indebted to the decedent? ....................................... [] Yes [] No If yes, provide amount of indebtedness $ 7. Was there life insurance payable to the corporation upon the death of the decedent? ............... [] Yes [] No If yes, Cash Surrender Value $ Net proceeds payable $ Owner of the policy 8. Did the decedent sell or transfer stock in this company within one year pdor to death or within two years if the date of death was pdor to 12-31-827 [] Yes [] No If yes, [] Transfer [] Sale Number of Shares Transferee or Purchaser Consideration $ Attach a separate sheet for additional transfers and/or sales. 9. Was there a written shareholder's agreement in effect at the time of the decedent's death? ............[] Yes [] No If yes, provide a copy of the agreement. 10. Was the decedent's stock sold? ................................................. [] Yes [] No If yes, provide a copy of the agreement of sale, etc. 11. Was the corporation dissolved or liquidated after the decedent's death? ....................... [] Yes [] No If yes, provide a breakdown of distributions received by the estate, including dates and amounts received. 12. Did the corporation have an interest in other corporations or partnerships? ...................... [] Yes [] No If yes, report the necessary information on a separate sheet, including a Schedule C-1 or C-2 for each interest. Date A. Detailed calculations used in the valuation of the decedent's stock. B. Complete copies of financial statements or Federal Corporate Income Tax returns (Form 1120) for the year of death and 4 preceding years. C. If the corporation owned real estate, submit a list showing the complete address/es and estimated fair market value/s. If real estate appraisals have been secured, attach copies. D. List of principal stockholders at the date of death, number of shares held and their relationship to the decedent. E. List of officers, their salaries, bonuses and any other benefits received from the corporation. F. Statement of dividends paid each year. List those declared and unpaid. G. Any other information relating to the valuation of the decedent's stock. (If more space is needed, insert additional sheets of the same size) ' REV-1506 EX + (9-00) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE C-2 PARTNERSHIP INFORMATION REPORT ESTATE OF Railina. Pay1 Euqene 1. Name of Partnership Address City 2. Federal Employer I.D. Number 3. Type of Business 4. Product/Service FILE NUMBER 21 0;~ 0462 Date Business Commenced Business Reporting Year State Zip Cede Decedent was a [] General [] Limited partner. If decedent was a limited partner, provide initial investment $ A. B. C. D. 6. Value of the decedent's interest $ 7. Was the Partnership indebted to the decedent? ................................ [] Yes If yes, provide amount of indebtedness $ 8. Was there life insurance payable to the partnership upon the death of the decedent? ........ [] Yes If yes, Cash Surrender Value $ Net proceeds payable $ Owner of the policy [] No [] No 9. Did the decedent sell or transfer an interest in this partnership within one year prior to death or within two years if the date of death was prior to 12-31-827 [] Yes [] No If yes, [] Transfer [] Sale Percentage transferred/sold Transferee or Purchaser Consideration $ Attach a separate sheet for additional transfers and/or sales. 10. Was there a wdtten partnership agreement in effect at the time of the decedent's death? ........ [] Yes [] No If yes, provide a copy of the agreement. 11. Was the decedent's partnership interest sold? .................................. [] Yes [] No If yes, provide a copy of the agreement of sale, etc. 12. Was the partnership dissolved or liquidated afler the decedent's death? ................. [] Yes [] No If yes, provide a breakdown of distributions received by the estate, including dates and amounts received. 13. Was the decedent related to any of the partners? ................................ [] Yes [] No If yes, explain Date 14. Did the partnership have an interest in other corporations or partnerships? ................. [] Yes [] No If yes, report the necessary information on a separate sheet, including a Schedule C-1 or C-2 for each interest. A. Detailed calculations used in the valuation of the decedent's partnership interest. B. Complete copies of financial statements or Federal Partnership Income Tax returns (Form 1065) for the year of death and 4 preceding years. C. If the partnership owned real estate, submit a list showing the complete address/es and estimated fair market value/s. If real estate appraisals have been secured, attach copies. D. Any other information relating to the valuation of the decedent's partnership interest. REV-1507 EX + (6-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE D MORTGAGES & NOTES RECEIVABLE ESTATE OF FILE NUMBER Railina. Paul Epq~n~ 21 O~ 0462 All property jointly.owned with the right of survivomhip must be disclosed on Schedule F. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1. N/A 0.00 TOTAL (Also enter on line 4, Recapitulation) $ (If mom space is needed, insert additional sheets of the same size) 0.00 ' REV-15(~8'EX + (6-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY ESTATE OF FILE NUMBER Railine. Paul Eu(~ene 21 Q;~ Include the proceeds of litkjation and the date the proceeds were received by the estate. All properb' jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1. 1988 Ford Van 900.00 Citizen's Bank Checking Account No. 6100704130 Citizen's Bank Savings Account No. 6240853017 Citizen's Bank Savings Account No. 6240853211 Citizen's Bank Savings Account No. 6240853238 TOTAL (Also enter on line 5, Recapitulation) $ 2,740.72 11,091.33 8,079.30 8.79 22,820.14 (If more space is needed, inse~t additional sheets of the same size) ' ' REV-15(~9'EX + (6-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE F JOINTLY-OWNED PROPERTY ESTATE OF FILE NUMBER Railino. Paul Euoene ~1 O;~ Q41~2 If an asset was made joint within one year of the decedent's date of death, it must be reported on Schedule G. SURVIVING JOINT TENANT(S) NAME ADDRESS RELATIONSHIP TO DECEDENT A. N/A C JOINTLY-OWNED PROPERTY: LETTER DATE DESCRIPTION OF PROPERTY % OF DATE OF DEATH ITEM FOR JOINT MADE INCLUDE NAME OF FINANCIAL INSTITUTION AND BANK ACCOUNT NUMBER OR SIMILAR DATE OF DEATH DECD'S VALUE OF NUMBER TENANT JOINT IDENTIFYING NUMBER. ATTACH DEED FOR JOINTLY-HELD REAL ESTATE. VALUE OF ASSET INTEREST DECEDENT'S INTERES 1. A. N/A 0.00 O. TOTAL (Also enter on line 6, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) ' REV-151'0'EX + (6-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE G INTER-VIVOS TRANSFERS & MISC. NON-PROBATE PROPERTY ESTATE OF FILE NUMBER Railina. Paul Euaene 21 03 0462 This schedule must be completed and filed if the answer to any of quesfions 1 thmu h 4 on the reverse side of the REV-1500 COVER SHEET is yes. DESCRIPTION OF PROPERTY ITEM INCLUDE THE NAMEOF THETRANSFEREE, THEIR RELATIONSHIP TO DECEDENTAND DATE OF DEATH % OF DECD'S EXCLUSION TAXABLE NUMBER THE DATE OF TRANSFER. ATTACH A COPY OF THE DEED FOR REAL ESTATE. VALUE OF ASSET INTEREST (IF ~PUCA~.E) VALUE 1. N/A 0.00 0. 0.00 TOTAL (Also enter on line 7 Recapitulation) $ 0.00 (If more space is needed, insert additional sheets of the same size) REV-1511 ~X + (12-99) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS ESTATE OF FILE NUMBER Railina. Paul Euaene 21 Q:~ Q4(~ Debts of decedent must be reported on Schedule I. ITEM NUMBER DESCRIPTION AMOUNT FUNERAL EXPENSES: Funeral Expenses were pre-paid Additional Funeral Expenses ADMINISTRATIVE COSTS: Personal Representative's Commissions Name of Personal Representative (s) Steven Eugene Railing Social Secudty Number(s)/EIN Number of Personal Representative(s) StreetAddress 224 W. Simpson Street 169-58-7675 city Mechanicsburg State PA Year(s) Commission Paid: Attomey Fees Baturin & Baturin Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Steven Eugene Railing Street Address 224 W. Simpson Street Zip 17055 city Mechanicsburg Relationship of Claimant to Decedent Son Probate Fees Cumberland County Register of Wills Accountant's Fees N/A Tax Return Preparer's Fees N/A Cumberland County Register of Wills (Short Certificates) Cumberland County Law Journal (Legal Advertising) The Patriot News (Legal Advertising) State PA Zip 17055 0.00 158.35 0.00 4,900.00 3,500.00 93.00 0.00 0.00 18.00 75.00 117.61 TOTAL (Also enter on line 9, Recapitulation) $ 8~861.96 (If more space is needed, insert additional sheets of the same size) REV-1512 EX + (6-98) COMMONWEALTH OFPENNSYLVANIA INHERITANCETAXRETURN RESIDENT DECEDENT SCHEDULE I DEBTS OF DECEDENT, MORTGAGE LIABILITIES, & LIENS ESTATE OF Railina. Paul Euqene FILE NUMBER 21 Include unreimbursed medical expenses. DESCRIPTION United Water ITEM NUMBER 1. 10. 11. PP&L 2003 - 2004 Personal Income Tax Mechanicsburg Area School District Verizon Bellview Medical Center Statement Date: December 23, 2002 Real Estate Taxes Comcast Cable Baturin & Baturin Processing Fee Reimbursement for repairs to Van prior to sale Lowes Materials for various home improvements Hirsch Bros. Fan Light TOTAL (Also enter on line 10, Recapitulation) Q462 VALUE AT DATE OF DEATH 28.37 158.00 9.80 83.59 97.93 1,106.03 69.57 400.00 200.00 457.23 157.94 2r768.46 (Ifmomspamisneeded, inse~addiUonalsh~of~esamesize) ' REV-I~I 3 E~( + (9-nn', COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE J BENEFICIARIES ESTATE OF Railina. F aul Euaene NUMBER II. NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY TAXABLE DISTRIBUTIONS [include outright spousal distribu~ons, and transfers under Sec. 9116 (a)(1.2)] Steven Eugene Railing 224 W. Simpson Street Mechanicsburg, PA 17055 FILE NUMBER 21 03 RELATIONSHIP TO DECEDENT Son Do Not List Trustee(s) 0462 AMOUNT OR SHARE OF ESTATE 100% TOTAL OF PART II - 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) 0.00 0.00 B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS N/A NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE N/A ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE, ON REV-1500 COVER SHEET REV-1514 EX + (6-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE K LIFE ESTATE, ANNUITY & TERM CERTAIN (Check Box 4 on Rev-1500 Cover Sheet) ESTATE OF FILE NUMBER Railina. Paul Euaene ;~1 03 0462 This schedule is to be used for all single life, joint or successive life estate and term certain calculations. For dates of death pdor to 5-1-89, actuarial factors for single life calculations can be obtained from the Department of Revenue, Specialty Tax Unit. Actuarial factors can be found in IRS Publication 1457, Actuarial Values, Alpha Volume for dates of death on or after 5-1-89. Indicate the type of instrument which created the future interest below and attach a copy to the tax return. [] Will [] Intervivos Deed of Trust [] Other []Life or r~Term of Years __ [] Life or r-~Term of Years [] Life or r-lTerm of Years __ [] Life or r-'lTerm of Years __ 1. Value of fund from which life estate is payable ............................................... $ 2. Actuarial factor per appropriate table ...................................................... Interest table rate - [] 3 1/2°/o [] 60/0 [] 10°/o [] Variable Rate % 3. Value of life estate (Line 1 multiplied by Line 2) .......................................... $ [] Life or []Term of Years [] Life or []Term of Years []Life or []Term of Years [] Life or []Term of Years 1. Value of fund from which annuity is payable ................................................ $ 2. Check appropriate block below and enter corresponding (number) ................................. Frequency of payout- [] Weekly (52) [] Bi-weekly (26) [] Monthly (12) [] Quarterly (4) [] Semi-annually (2) [] Annually (1) [] Other ( ) 3. Amount of payout per pedod ........................................................... $ 4. Aggregate annual payment, Line 2 multiplied by LiMe 3 ......................................... 5. Annuity Factor (see instructions) Interest table rate - [] 3 1/2°/o [] 60/0 [] 10°/0 [] Variable Rate % 6. Adjustment Factor (see instructions). ..................................................... 7. Value of annuity - If using 3 1/2%, 6%, 10%, or if variable rate and pedod payout is at end of period, calculation is: Line 4 x Line 5 x Line 6 ............................ $ if using variable rate and period payout is at beginning of pedod, calculation is: (Line 4 x Line 5 x Line 6) + Line. 3 ................................................... $ NOTE: The values of the funds which create the above future interests must be reported as part of the estate assets on Schedules A through G of this tax retum. The resulting life or annuity interest(s) should be reported at the appropriate tax rate on Lines 13, 15, 16 and 17. (If more space is needed, insert additional sheets of the same size) REV-1644 EX + (3-84) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT INHERITANCE TAX SCHEDULE "L" REMAINDER PREPAYMENT OR INVASION OF TRUST PRINCIPAL FILE NUMBER 21 03 04{~2 II. III. Estate of Railina. Paul Egg~rl~ (Last Name) (First Name) (Middle Initial) This schedule is appropriate only for estates of decedents dying on or before December 12, 1982. This schedule is to be used for all remainder returns when an election to prepay has been filed under the provisions of Section 714 of the Inheritance and Estate Tax Act of 1961 or to report the invasion of trust principal. Remainder Prepayment: A. Election to prepay filed with the Register of Wills on (attach copy of election) B. Name(s) of Life Tenant(s) Date of Birth or Annuitant(s) (Date) Age on date of election Term of years income or annuity is payable C. Assets: Complete Schedule L-1 1. Real Estate $ 2. Stocks and Bonds $ 3. Closely Held Stock/Partnership $ 4. Mortgages and Notes $ 5. Cash/Misc. Personal Property $ 6. Total from Schedule L-1 D.. Credits: Complete Schedule L-2 1. Unpaid Liabilities $ 2. Unpaid Bequests $ 3. Value of Unincludable Assets $ 4. Total from Schedule L-2 E. Total value of trust assets (Line C-6 minus Line D-4) F. Remainder factor (see Table I or Table II in Instruction Booklet) G. Taxable Remainder value (Line E x Line F) (Also enter on Line 7, Recapitulation) Invasion of Corpus: A. Invasion of corpus (Month, Day, Year) B. Name(s) of Life Tenant(s) Date of Birth or Annuitant(s) Age on date corpus consumed Term of years income or annuity is payable C. Corpus consumed D. Remainder factor (see Table I or Table II in Instruction booklet) E. Taxable value of corpus consumed (Line C x Line D) (Also enter on Line 7, Recapitulation) REV-~645 EX + 13-841 INHERITANCE TAX SCHEDULE L-1 COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN REMAINDER PREPAYMENT ELECTION RESIDENT DECEDENT -ASSETS- FILE NUMBER 2"J 030462 I. Estate of Railina. Paul Euq~ne (Last Name) (First Name) (Middle Initial) II. Item No. Description Value A. Real Estate (please describe) Total value of real estate $ (include on Section II, Line C-1 on Schedule L) B. Stocks and Bonds (please list) Total value of stocks and bonds $ (include on Section II, Line C-2 on Schedule L) C. Closely Held Stock/Partnership (attach Schedule C-1 and/or C-2) (please list) Total value of Closely Held/Partnership $ (include on Section II, Line C-3 on Schedule L) D. Mortgages and Notes (please list) Total value of Mortgages and Notes $ (include on Section II, Line C-4 on Schedule L) E. Cash and Miscellaneous Personal Property (please list) Total value of Cash/Misc. Pers. Property $ (include on Section Ill Line C-5 on Schedule L) III. TOTAL (Also enter on Section II, Line C-6 on Schedule L) $ (If more space is needed, attach additional 81/2 x 1 1 sheets.) REV-1646 EX + (3-84.) INHERITANCE TAX SCHEDULE L-2 COMMONWEALTH OF PENNSYLVANIA REMAINDER PREPAYMENT ELECTION INHERITANCE TAX RETURN RESIDENT DECEDENT -CREDITS- FILE NUMBER I. Estate of RailJna. Paul Euaen~ (Last Name) (First Name) (Middle Initial) II. Item No. Description Amount A. Unpaid Liabilities Claimed against Original Estate, and payable from assets reported on Schedule L-1 (please list) Total unpaid liabilities $ (include on Section II, Line D-1 on Schedule L) B. Unpaid Bequests payable from assets reported on Schedule L-1 (please list) Total unpaid bequests $ (include on Section II, Line D-2 on Schedule L) C. Value of assets reported on Schedule L-1 (other than unpaid bequests listed under "B" above) that are not included for tax purposes or that do not form a part of the trust. Computation as follows: Total unincludable assets $ (include on Section II, Line D-3 on Schedule L) III. TOTAL (Also enter on Section II, Line D-4 on Schedule L) $ (If more space is needed, attach additional 81/2 x 1 1 sheets.) REV-1647 EX + (9-00) COMMONWEALTH OFPENNSYLVANIA INHERITANCETAXRETURN RESIDENT DECEDENT SCHEDULE M FUTUREINTERESTCOMPROMISE (Check Box 4a on Rev.1500 Cover Sheet) ESTATE OF FILE NUMBER Railino. Paul Euoene 21 03 0462 This Schedule is appropriate only for estates of decedents dying after December 12, '1982. This schedule is to be used for all future interests where the rate of tax which will be applicable when the future interest vests in possession and enjoyment cannot be established with certainty. Indicate below the type of instrument which created the future interest and attach a copy to the tax return. [--I Will r-I Trust I-'] Other II. III. IV. Beneficiaries NAME OF BENEFICIARY RELATIONSHIP DATE OF BIRTH AGE TO NEAREST BIRTHDAY For decedents dying on or after July 1, 1994, if a surviving spouse exercised or intends to exercise a right of withdrawal within 9 months of the decedent's death, check the appropriate block and attach a copy of the document in which the surviving spouse exercises such withdrawal right. E~ Unlimited right of withdrawal ]--] Limited right of withdrawal Explanation of Compromise Offer: Summary of Compromise Offer: 1. Amount of Future Interest .................................................. $ 2. Value of Line 1 exempt from tax as amount passing to charities, etc. (also include as part of total shown on Line 13 of Cover Sheet) ...... $ 3. Value of Line 1 passing to spouse at appropriate tax rate Check One [] 6%, [] 3%, [] 0% ................ $ (also include as part of total shown on Line 15 of Cover Sheet) 4. Value of Line 1 taxable at lineal rate Check One [] 6%, [] 4.5% ...................... $ (also include as part of total shown on Line 16 of Cover Sheet) 5. Value of Line 1 taxable at sibling rate (12%) (also include as part of total shown on Line 17 of Cover Sheet) ...... $ 6. Value of Line 1 taxable at collateral rate (15%) (also include as part of total shown on Line 18 of Cover Sheet) ...... $ 7. Total value of Future Interest (sum of Lines 2 thru 6 must equal Line 1) ..................... $ (If more space is needed, insert additional sheets of the same size) RgV-'164~ EX (11-9~ COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX DIVISION ESTATE OF Railina. Paul Euaerl~ SCHEDULE N SPOUSAL POVERTY CREDIT (AVAILABLE FOR DATES OF DEATH 0tl01192 to 12/31194) FILE NUMBER 21 03 This schedule must be completed and filed if you checked the spousal poverty credit box on the cover sheet. O462 1. Taxable Assets total from line 8 (cover sheet) ...................................................................................... 2. Insurance Proceeds on Life of Decedent .............................................................................................. 3. Retirement Benefits ................................................................................................................................ 4. Joint Assets with Spouse ...................................................................................................................... 5. PA Lottery Winnings .............................................................................................................................. 6a. Other Nontaxable Assets: List (Attach schedule if necessary).. 16a'l6d.60.6b. 6. SUBTOTAL (Lines 6a, b, c, d) .............................................................................................................. 7. Total Gross Assets (Add lines 1 thru 6) ............................................................................................... 8. Total Actual Liabilities ............................................................................................................................ 9. Net Value of Estate (Subtract line 8 from line 7) ................................................................................... If line 9 is greater than $200,000 - STOP. the credit. If not, continue to Part 99,396.30 99,396.30 99,396.30 Income: a. Spouse ............................. b. Decedent ......................... c. Joint ................................. d. Tax Exempt Income ......... e. Other Income not listed above ..................... f. Total ................................. TAX YEAR: 19 4. Average Joint Exemption Income Calculation 4a. Add Joint Exemption Income from above: (10 + (2f) TAX YEAR: 19 + (3f) 4b. Average Joint Exemption Income ............................................................................................................... If#ne 4(b) is greater then $40,000 - STOP. The estate is not eligible to claim the credit. If not, continue to Part III. TAX YEAR: 19 (+3) Insert amount of taxable transfers to spouse or $100,000, whichever is less ..................................... 2. Multiply by credit percentage (see instructions) .................................................................................... 3. This is the amount of the Resident Spousal Poverty Credit. Include this figure in the calculation of total credits on line 18 of the cover sheet .............................................................. 4. For Nonresidents, enter the ratio of the decedent's gross estate in PA to the value of the decedent's gross estate ........................................................................................................................ 5. Multiply line 3 by line 4 and enter the total here. This is the amount of the Nonresident Spousal Poverty Credit. Include this figure in the calculation of total credits on line 18 of the cover sheet .......... ~ ' RF~-i6~g EX,+ (l-g7)j~ COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE O ELECTION UNDER SEC. 9113(A) (SPOUSAL DISTRIBUTIONS) ESTATE OF FILE NUMBER Railina. Paul Euaene 21 03 0462 Do not complete this schedule unless the estate is making the election to tax assets under Section 9113(A) of the Inheritance & Estate Tax Act. If the election applies to more than one trust or similar arrangement, a separate form must be filed for each trust. This election applies to the Trust (madtal~ residual A~ B~ By-pass~ Unified Credit~ etc.). If a trust or similar arrangement meets the requirements of Section 9113(A), and: a. The trust or similar arrangement is listed on Schedule O, and b. The value of the trust or similar arrangement is entered in whole or in part as an asset on Schedule O, then the transferor's personal representative may specifically identify the trust (all or a fractional portion or percentage) to be included in the election to have such trust or similar property treated as a taxable transfer in this estate. If less than the entire value of the trust or similar property is included as a taxable transfer on Schedule O, the personal representative shall be considered to have made the election only as to a fraction of the trust or similar arrangement. The numerator of this fraction is equal to the amount of the trust or similar arran,qement included as a taxable asset on Schedule O. The denominator is equal to the total value of the trust or similar arran,qement. PART A: Enter the description and value of all interests, both taxable and non-taxable, regardless of location, which pass to the decedent's survivin~ spouse under a Section 9113 (A) trust or similar arrangement. DESCRIPTION VALUE Part A Total $ PART B: Enter the description and value of all interests included in Part A for which the Section 9113 (A) election to tax is beinc~ made. DESCRIPTION VALUE Part B Total (if more space is needed, insert additional sheets of the same size Continuation of REV-1500 Inheritance Tax Return Resident Decedent Railing, Paul Eugene Decedent's Name Page 1 21 03 0462 Decedent's Social Security Number Schedule Cl-8 [] Transfer [] Sale Number of Shares Consideration $ Transferee or Purchaser Date Railing, Paul Eugene Decedent's Name Schedule C2-9 Continuation of REV-1500 Inheritance Tax Return Resident Decedent 21 03 0462 Page 2 Decedent's Social Security Number [] Transfer [] Sale Percentage transferred/sold Consideration $ Transferee or Purchaser Date Continuation of REV-1500 Inheritance Tax Return Resident Decedent Railing, Paul Eugene Decedent's Name 21 03 0462 Page 3 Decedent's Social Secudty Number Schedule L-1 - Remainder Prepayment Election -Assets- II. Item No. Description Value C. Closely Held Stock/Partnership (attach Schedule C-1 and/or C-2) (please list) SUBTOTAL SCHEDULE LI-2C GRAND TOTAL SCHEDULE L1-2C $ Continuation of REV-1500 Inheritance Tax Return Resident Decedent Railing, Paul Eugene Decedent's Name 21 03 0462 Parle 4 Decedent's Social Security Number Schedule L-1 - Remainder Prepayment Election -Assets- II. Item No. Description Value D. Mortgages and Notes (please list) SUBTOTAL SCHEDULE L1-2D GRAND TOTAL SCHEDULE LI-2D $ BUREAU OF INDIVIDUAL TAXES TNHERTTANCE TAX DTVTSTON DEPT. 280601 HARRISBURG, PA 17118-060! COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLO#ANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX REV-1547 EX AFP (0Z-DS) HARRY M BATURZN ESQ BATURZN & BATURZN 717 N ZND ST HBG DATE 02-16-2004 ESTATE OF RAILING DATE OF DEATH 06-29-200~ FILE NUHDER 11 05-0461 :29COUNTY CUMBERLAND ACN 101 CUT ALONG THXS LXNE I~~ Amount RmmA'l:t:od PAUL MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17015 RETAIN LOWER PORTION FOR YOUR RECORDS ~ DZSALLONANCE OF DEDUCTIONS AND ASSESSHENT OF TAX ESTATE OF RAILING PAUL E FILE NO. 21 05-0462 ACN 101 DATE 02-16-2004 TAX RETURN NAS: (X) ACCEPTED AS FILED ( ) CHANGED RESERVAT'rON CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN ~ASED ON: ORIGINAL RETURN 1. Reel Es*a~e (Schedule A) (1) 2. S~ocks and Bonds {Schedule D) $. Closely Hold S~ock/Par~narship In*eres~ (Schedule C) ($) ~. Not,gages/No,es Receivable (Schedule D) (~) $. Cash/Bank DoposA~s/NAsc. Personal Proper~y (Schedule E) (S) 6. Jointly O~nad Propar~y (Schedule F) (6) 7. Transfers (Schedule G) (7) 8. To,al Asso~s APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Adm. Costs/MAsc. Expenses (Schedule H) 10. Dab,s/Nor*gage LiabA11~Aes/LAans (Schedule I) (10) 11. To,al Deductions 12. No~ Value of Tax Ro~urn 75~000.00 1,576 16 00 00 22~820.14 00 00 (8) 8,861.96 NOTE: To Ansuro proper credA~ ~o your account, submA~ ~he upper portAon of ~hAs fora ~A~h your ~ax payment. 15. 1~. NOTE: 99,596.:50 2,768.46 (11) ]1.650.~2 (12) 87,765.88 CharA:~able/Govornmen~al Deques~:s; Non-®locked 9115 Trusts (Schedule J) (15) . O0 Ne* Value of Es~:a~:e Subject: ~:o Tax (1fi) 87,765.88 :[f an assessment ~as lssued previously, l/nos 14, 15 and/or 16, 17, 18 and 19 .111 reflect figures that include the total of ALL returns assessed to date. ASSESSMENT OF TAX: 15. Amoun~ of LAne 1~ a~ Spousal ra~o 16. A,oun~ of LAne 1~ ~axeble a~ LAnaal/Class A ra~a 17. Amount of LAne 1~ a~ SAbllng ra~e 18. Amoun~ of LAne 1~ ~axable a~ Collateral/Class D re~e 19. Principal Tax Due TAX CREDITS: PAYflENT RECEIPT DISCOUNT (+) DATE NUMBER INTEREST/PEN PAID (-) 12-$1-2005 CD005597 .00 (is) .00 x O0 = .00 (16) 87,765.88 x 045: $,949.46 (17) .00 x 12 : .00 (18) .00 x 15 : .00 (19)= $,949.46 IF PAID AFTER DATE ZNDICATED, SEE REVERSE FOR CALCULATION OF ADDITIONAL INTEREST. AMOUNT PAID $,949.46 TOTAL TAX CREDXTI ~,949.46 ~A~,,, ~ALANCE OF TAX DUE .00 INTEREST AND PEN. .00 TOTAL DUE .00 ( IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU HAY BE DUE ~_ A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.) _~--% RESERVATION: PURPOSE OF NOTICE: PAYNENT: REFUND (CR}: OBJECTIONS: ADHZN- ISTRATZVE CORRECTIONS: DISCOUNT: PENALTY: INTEREST: Estates of decedents dying on or before December 12, 1982 -- if any future interest in the estate is transferred in possession or enjoyment to Class B (collateral) beneficiaries of the decadent after the expiration of any estate for life or for years, the Comaenaealth hereby expressly reserves the right to appraise and assess transfer Inheritance Taxes at the lawful Class 8 (collateral) rate on any such futura interest. To fulfill the requirements of Section 1140 of the Inheritance and Estate Tax Act, Act 13 of ZOO0. (72 P.S. Section 9140). Detach the top portion of this Notice and submit with your payment to the Register of Hills printed on the reverse side. --Hake check or money order payable to: REGISTER OF NILLS, AGENT A refund of a tax credit, which was not requested on the Tax Return, may be requested by completing an "Application for Refund of Pennsylvania Inheritance and Estate Tax" (REV-IS13). Applications are available at the Office of the Register of gills, any of the Z3 Revenue District Offices, or by calling the special Z4-hour ans~aring service for forms ordering: 1-800-361-ZOSO; services for taxpayers aith special hearing and / or speaking needs: 1-800-447-3010 (TT only). Any party in interest not satisfied with the appraisement, allowance, or disalloaance of deductions, or assessment of tax (including discount or interest) as shown on this Notice must object within sixty (60) days of receipt of this Notice by: --written protest to the PA Department of Revenue, Board of Appeals, Dept. ZBIOZ1, Harrisburg, PA 17118-1011, OR --election to have the matter determined at audit of the account of the personal representative, OR --appeal to the Orphans' Court. Factual errors discovered on this assessment should be addressed in writing to: PA Department of Revenue, Bureau of Individual Taxes, ATTN: Post Assessment Reviam Unit, Dept. 280601, Harrisburg, PA 17118-0601 Phone (7173 787-6505. Ssa page S of the booklet "Instructions for lnharitance Tax Return for a Resident Decedent" (REV-IS01) for an explanation of administratively correctable errors. If any tax due is paid within three (3) calendar months after the dacadent's death, a five percent (SI) discount of the tax paid is allowed. The 1DX tax amnesty non-participation penalty is computed on the total of the tax and intarast assessed, and not paid before January 18, 1996, fha first day after the and of tha tax amnesty period. This non-participation penalty is appealable in the same manner and in the the same time period as you would appeal tha tax and interest that has been assessed as indicated on this notice. Interest is charged beginning with first day of delinquency, or nine (9) months and one (1) day from the date of death, to tha date of payment. Taxes ahich became delinquent before January 1, 1982 bear interest at the rate of six (61) percent per annum calculated at a daily rate of .O0016q. All taxes mhich became delinquent on and after January 1, 1982 will bear interast at a rate ahich will vary from calendar year to calendar year with that rate announced by tha PA Dapartment of Revenue. The applicable interest rates for 1982 through Z003 ara: Interest Daily Interest Daily Zntarest Daily Year Rate Factor Year Rate Factor Year Rate Factor 1981 ZOZ .000546 1987 9Z .000Z47 1999 77. .000192 1983 16Z .000458 1988-1991 117. .000301 2000 87. .O00Z19 1984 Ill .000301 1991 91 .000147 2001 9Z .000247 1985 132 .000356 1993-1994 71 .000192 2001 62 .000164 1986 107. .000Z74 1995-1998 97. .000Z47 2003 57. .000137 --Tntarest is calculated as follows: INTEREST = BALANCE OF TAX UNPAID X NUNBER OF DAYS DELINQUENT X DALLY INTEREST FACTOR --Any Notice issued after tho tax becomes delinquent will reflect an interest calculation to fifteen (153 days beyond tha date of the assessment. If paymant is made altar the interest computation date sho~n on the Notice, additional interest must be calculated. Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 5/18/2005 BATURIN HARRY M 717 NORTH SECOND STREET HARRISBURG, PA 17102 RE: Estate of RAILING PAUL EUGENE File Number: 2003-00462 Dear Sir/Madam: It has come to my attention that you have not filed the Status Report by Personal Representative (Rule 6.12) in the above captioned estate. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO.1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of wills a Status Report of completed or uncompleted administration. This filing is due by: 6/29/2005 Your prompt attention to this matter will be appreciated. Thank You. Sincerely, ~~~ GLENDA FARNER STRASBAUGH REGISTER OF WILLS cc: File Personal Representative(s) Judge ~ STATUS REPORT UNDER RULE 6.12 Name of Decedent: Railina. Paul Euaene Date of Death: 6/29/2003 Will No. 2003-00462 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: I . 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 one (1) year 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 I Court No. (if any) for the personal representative I 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 I Court and may be attached to this report. Date: OJ"/~b(fJ_~ ~(Y). Signature ~ Harry M. Baturin. Esauire Name (Please type or print) 2604 North Second Street Harrisbura PA 17110 Address L ( ; ( 717 ) - 234- 242 Tel. No . , , Capacity : Personal Representative X Counsel for personal representative uA Cumberland County - Register Of Wills One Courthouse Square Carlislel PA 17013 phone: (717) 240-6345 Date: 4/25/2006 BATURIN HARRY M 2604 NORTH SECOND STREET HARRISBURGI PA 17110 RE: Estate of RAILING PAUL EUGENE File Number: 2003-00462 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 I NO. 103 SUPREME COURT RULES DOCKET NO. 11 for decedents dying on or after July 11 19921 the personal representative or his counsell within two (2) years of the decedent's deathl shall file with the Register of wills a Status Report of completed or uncompleted administration. This filing is due by: 6/29/2006 Please feel free to contact this office with any questions you may have. If you have already filed your Status Report I please disregard this notice. SincerelYI Gl!1:::r~~ Clerk of the Orphans' Court cc: File Personal Representative(s) Cumberland County - Register Of Wills One Courthouse Square Carlislel PA 17013 Phone: (717) 240-6345 Date: 4/25/2006 RAILING STEVEN EUGENE 224 WEST SIMPSON STREET MECHANICSBURGI PA 17055 RE: Estate of RAILING PAUL EUGENE File Number: 2003-00462 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 I NO. 103 SUPREME COURT RULES DOCKET NO. 11 for decedents dying on or after July 11 19921 the personal representative or his counsell within two (2) years of the decedent's deathl shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 6/29/2006 Please feel free to contact this office with any questions you may have. If you have already filed your Status Report I please disregard this notice. SincerelYI ~~~ / , Glenda Farner Strasbaugh Clerk of the Orphans' Court cc: File CounRPl Register of~iills of Cumberland Cmmty STATUS REPORT tJNDERRULE 6.12 Name of Decedent: Railinq, Paul Eugene Date of Death: 6/29/2003 E N 2003-00462 state 0.: 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 0 No JJ9. 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: August 31, 2006 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 0 No 0 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 0 No 0 c. Copies ofreceipts, releases, joinders and approval of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. ~ rr;. ~ Signature Date: '5/12/2006 Harry M. Baturin. F.~~ Name 2604 North Second Street Harrisburg, PA 17110 Address (717) 234-2427 Telephone No. f) '--i cO I :J G . i f: .. -: '~ . , ... J Capacity: o Personal Representative B Counsel for personal representative ..' '....) ..""""..1 I) h~~ \....UllUJt:::l....LClllU I......UUllL....Y - l.\.C'::::1.L~'-,-..J... '-".J,.., n...L....I....l.."-' One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 6/08/2007 --- (:..~ RAILING STEVEN EUGENE !',', '- 224 WEST SIMPSON STREET MECHANICSBURG, PA 17055 c RE: Estate of RAILING PAUL EUGENE File Number: 2003-00462 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 decedent1s death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 6/29/2007 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, fn,. ~'. . I i E4: Ji..N/F>jJ rti'''Aft.J~' f>M"1..J ywd.t:------...~ /".k'.:..t/,f~ "",UV<. ,-1 . // Glenda Farner Strasbaugh Clerk of the Orphans' Court cc: File Counsel \....UllLUeL.LGtuu \....UUUL..Y - .r\.C:':::J.i.OL..C:.J... v.J... "............'-' One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 6/08/2007 BATURIN HARRY M 2604 NORTH SECOND STREET . J HARRISBURG, PA 17110 "'" ,,-- RE: Estate of RAILING PAUL EUGENE File Number: 2003-00462 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: 6/29/2007 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, ",M /, , U .~' ,LJ. J Q )(1/~~; {/ Glenda Farner Strasbaugh Clerk of the Orphans' Court cc: File Personal Representative(s) JUN 2. 7 2007 IN RE: ESTATE OF RAILING PAUL EUGENE ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2003-00462 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: RAILING STEVEN EUGENE Counsel for Personal Representative: BATURIN HARRY M Date of Decedent's Death: 6/29/2003 Date of Delinquency Notice: The undersigned, Glenda Famer-Strasbaugh, Clerk of Orphans' Court, in accordance with Rule 6.12, Supreme Court Orphans' Court Rules, hereby notifies the Orphans' Court Division, Court of Common Pleas of Cumberland County, that neither the above named personal representative nor the above named counsel for the personal representative have filed with the Register of Wills or Clerk of the Orphans' Court his, her or its Status Report required by Rule 6.12, Supreme Court Orphans' Court Rule and that the requisite notice, pursuant to Rule 6.12, Supreme Court Orphans' Court Rules was given 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: 6/26/2007 ~~J~~' (")./ ./ g Glenda Farner Strasbaugh ~:~~. ~ Clerk of the Orphans' Court ,.,~ ~ () F t:j ~rTl I .t~5~ w " ~3. ~-,~ 5:: Distribution: Personal Representative Counsel for Personal Representative Estate File '-- :::0 ]2--; A hearing is scheduled October 1. 2007 at llAM in Courtroom NO.2. If the Status Report is filed prior to th(;hc:/' -g<I1 e, the hearing will automatically be cancelled. .' r f"1 v \ Edgar B. Bayley, J. a -.J JUl,1 .~ ~ cmm '. ~'" lf . l....' IN RE: ESTATE OF RAILING PAUL EUGENE ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2003-00462 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: RAILING STEVEN EUGENE Counsel for Personal Representative: BA TURIN HARRY M Date of Decedent' s Death: 6/29/2003 Date of Delinquency Notice: The undersigned, Glenda Farner-Strasbaugh, Clerk of Orphans' Court, in accordance with Rule 6.12, Supreme Court Orphans' Court Rules, hereby notifies the Orphans' Court Division, Court of Common Pleas of Cumberland County, that neither the above named personal representative nor the above named counsel for the personal representative have filed with the Register of Wills or Clerk of the Orphans' Court his, her or its Status Report required by Rule 6.12, Supreme Court Orphans' Court Rule and that the requisite notice, pursuant to Rule 6.12, Supreme Court Orphans' Court Rules was given 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: 6/26/2007 k4UIL~~ Glenda Farner Strasbaugh Clerk of the Orphans' Court o <:''';0 ..,.~p ~ ::':'7 rTl '> ..-~..- -.--, c/~5~ Distribution: Personal Representative Counsel for Personal Representative Estate File :3 c:~ ""- ~.D --I ::D ' .J> A hearing is scheduled October 1. 2007 at HAM in Courtroom NO.2. If the Status Report is filed prior to the ~~, the hearing will automatically be cancelled. r ."'" /~ \ ~ ,/, -/ ./" ~ " / ~'h \ , ~; " . .. .'." "",. ,~.". . . ,,",tv:..> ",..,~~ . fT- I ~'I '"'- Edgar B. Bay ey, J. ' \ t........) c:.::l c;;., --.J L_ c: r- I w :Po 3: o -.J In Re: Estate of RAILING PAUL EUGENE ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2003-00462 NOTICE OF FAILURE TO FILE STATUS REPORT Personal Representative: RAILING STEVEN EUGENE Counsel for Personal Representative: BATURIN HARRY M Date of Decedent's Death: 6/29/2003 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. ,~~J~ r (_,J>~ Date: 7/3/2007 Glenda Farner Strasbaugh Clerk of the Orphans' Court Distribution: Personal Representative Counsel for Personal Representative Estate File _:,.J1J c' ,'...:!, "0 \),l\.j\c(idd jO, >ii~3lJ 10 : I l~d 8- lnf' LOOl In Re: Estate of RAILING PAUL EUGENE ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2003-00462 NOTICE OF FAILURE TO FILE STATUS REPORT Personal Representative: RAILING STEVEN EUGENE Counsel for Personal Representative: BATURIN HARRY M Date of Decedent's Death: 6/29/2003 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. Date: 7/3/2007 ~~~ Glenda Farner Strasbaugh Clerk of the Orphans' Court Distribution: Personal Representative Counsel for Personal Representative Estate File I n ,~:." ," ~rlJ !O'!!! 1', ':::N"'.'H IiJn ..J... I 1\.>0 \.), ;'/ CJ(U '(' , " '''''-',\ :, ,j /)jj Iv 10 : I Wd ~ - lnr LDOl ') =!rJ.......1 )..i(1 (T-~VT U-~\r".~i 1 ,,~' -' I.L,_, 'u.J!ubl ',/?i v................ Pa. O.C. Rule 6.12 STATUS REPORT REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Name of Decedent: Paul Eugene Railing Date of Death: 06/29/2003 File Number: 21-03-0462 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: . . . . . . . . . . . . . . . . . . .. IZIYes DNo 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: 3. If the answer to No.1 is YES, state the following: a. Did the personal representative file a final account with the Court? . . . . . .. IZ!Yes DNo b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account 'nfi 11 h .., ? l'7Iy I orma y to t e partIes m mterest. ............................... ... es DNo 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 ()l}OCI.l $;8""_ ofP",1!::r1:: . ~ Capacity: DPersonal Representative IZICounsel Harry M. Baturin, Esq. Name of Person Filing this Form Vd . Co: ,G_ccVm8 2604 North Second Street 18n08 SNv'Hd80 Address jO )kBl8 Harrisburg, P A 17110 8~ :Z\ Wd 6- lOr LOGl(717) 234-2427 Telephone Form RW-IO rev. 10.13.06 <c. ...