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Home My WebLink About02-0506 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PETITIONER In re: RICHARD V. METZGAR : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHAN'S COURT DIVISION : NO. 2002- PETITION FOR ApPOINTMENT OF GUARDIAN OF ESTATE NOW comes the petitioner, Richard V. Metzgar, Jr., by his attorney, Nathan C. Wolf, Esquire, and files this petition for appointment of guardian of estate, representing as follows: 1. The petitioner is Richard V. Metzgar, Jr. an adult individual, residing at 886 Bowers Road, Shermansdale, Perry County, Pennsylvania. 2. The alleged incapacitated person is Richard V. Metzgar, (hereinafter "Metzgar") an adult individual, aged 88 years, who currently resides at the Claremont Nursing and Rehabilitation Center, 375 Claremont Drive, Carlisle, Cumberland County, Pennsylvania. 3. Petitioner is the son of Richard V. Metzgar. 4. Metzgar has been a resident of the Claremont Nursing and Rehabilitation Center (hereinafter "Claremont") since January 2002. 5. The only heir, other than petitioner, of Metzgar is Linda Kessinger, Metzgar's daughter, who resides at 876 Bowers Road, Shermansdale, Perry County, Pennsylvania. 6. Petitioner has no knowledge of any other Court within this Commonwealth which has appointed a guardian for this alleged incapacitated person. 7. Petitioner has no interest adverse to the alleged incapacitated person and has agreed to act as guardian of the estate if this Honorable Court shall so appoint. 8. Petitioner was appointed power of attorney for Metzgar in January, 2000. 9. After Metzgar was admitted into Claremont, petitioner attempted to inventory Metzgar's assets, so that he could complete the required application information for Claremont. 10. Upon his review of Metzgar's accounts, petitioner learned that Metzgar has made gifts in excess of $20,000.00 to a friend of Metzgar, Ann Strum, over a one- year period. 11. Petitioner is concerned with Metzgar's ability to afford the care he was receiving at Claremont and has discussed his concerns about these funds with Metzgar. 12. Metzgar dismisses Petitioner's concerns as irrelevant. 13. Petitioner is concerned that Metzgar's assets will be depleted entirely by the cost of his care at Claremont. 14. Petitioner is concerned that Metzgar will give away his remaining assets and be unable to pay for the nursing care that his medical condition requires him to receive. This would require Metzgar to apply for public assistance benefits. 15. Petitioner believes that the gifts already given to Ann Strum by Metzgar may render Metzgar ineligible for public assistance benefits in the event that they are necessary and that additional gifting would further jeopardize Metzgar. 16. Based on these concerns, petitioner converted Metzgar's bank accounts into accounts held in trust for Metzgar, with petitioner as trustee. 17. At the request of a Claremont social worker assigned to Metzgar's care, a physical and mental evaluation was ordered and performed by the staff psychiatrist, Dr. James Hegarty. 18. Dr. Hegarty made a determination that Metzgar does not have the capacity to make informed financial decisions. 19. Upon learning of Dr. Hegarty's determination and petitioner's actions with regard to the accounts, Metzgar told petitioner that he would change the accounts back and that he would liquidate them. 20. On or about May 20, 2002, Metzgar and Ann Strum traveled to the Bank of Landisburg, in Shermansdale, Pennsylvania, and sought to withdraw all amounts held in the accounts set up by petitioner at that institution. 21. The Bank of Landisburg did not immediately release the funds, but petitioner fears that if the funds are released, Metzgar will transfer them to Ann Strum, and that they will not be used to pay for Metzgar's continuing care costs. 22. The extent of all Metzgar's assets currently known to Petitioner totals approximately $48,497.00. 23. Petitioner fears irreparable harm will result if the Court does not grant the emergency order requested herein. 24. It is likely that Metzgar will take action before a hearing on this petition and therefore petitioner requests that the Court enter an emergency temporary order of guardianship pending a final hearing in this matter. WHEREFORE, petitioner respectfully requests this Honorable Court set a hearing at which the averments of this petition may be documented and the appointment of the petitioner as guardian for the estate of the alleged incapacitated person may be considered, with notice thereof to be given to such persons as this Court may direct. Petitioner further requests that a guardian ad litem be appointed to act for the alleged incapacitated person reg~rding any necessary hearings. Finally, due to the emergency and immediate threat of irreparable harm to the estate, notably the potential liquidation of the alleged incapacitated person's assets, petitioner requests that he be appointed as the temporary guardian of the Estate of Richard V. Metzgar, Sr. for the purposes of maintaining the assets and providing for the payment for the care of the alleged incapacitated person medical needs pending a final hearing on this matter. May 21, 2002 . VERIFICATION I do hereby verify that the facts set forth in this petition are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.SA Section 4904, relating to unsworn falsification to authorities. May Ji. 2002 ~~ . j I '~Ii/J i L~ 'J, II ).[:1() Richard V. Metzgar, Jr. r. i \ , . IN RE: RICHARD V. METZGAR AN ALLEGED INCAPACITATED PERSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-2002-0506 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 rights 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 RICHARD V.METZGAR JR. is attached. You are hereby ordered to appear at a hearing to be held in Court Room No. ,2, Cumberland County Courthouse, Carlisle, Pennsylvania, on MA Y 30 ,2002, at 2:30 EM. 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 YOll 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 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 also 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 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 hearing in your absence and may appoint the Guardian requested. By: Cler ,0 ans C rt Division Cumo land County, Carlisle, P A My Commission Expires I st Monday, January, 2006 . NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-8090 ATTORNEY FOR PETITIONER : IN THE COURT OF COMMON PLEAS OF, : CUMBERLAND COUNTY, PENNSYLVANIA In re: : ORPHAN'S COURT DIVISION RICHARD V. METZGAR : an alleged incapacitated person : NO. 2002- 05Dl.l : GUARDIANSHIP-INCAPACITATED PERSON CITA TION TO THE ALLEGED INCAPACITA TED PERSON TO: RICHARD V. METZGAR: We command you to appear at a hearing in the Orphan's Court of Cumberland County, to be held in Courtroom No. 'S- of the Cumberland County Courthouse, on fII. ~ .3 c) ,2002, at ~.'J (j o'clock i.m., to show cause why you should not be adjudged an incapacitated person and a guardian appointed for your person and estate. < \." , '-" J. ZZ 1 ;~TL NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243.8090 ATTORNEY FOR PETITIONER In re: RICHARD V. METZGAR : IN THE COURT OF COMMON PLEAS OF, : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHAN'S COURT DIVISION ~ NO. 2002- 5{)(; PRELIMINARY ORDER ...i NOW, thiS)) day of JVl~ ,2002, upon motion of Nathan C. Wolf, Esquire, and upon consideration of the attached petition, a ~~~ssued upon Richard V. Metzgar to show cause why a guardian of his estate should not be appointed. A hearing on this matter shall be held in Courtroom No. r of the Cumberland County Courthouse, on ~~ 30 ,2002, at ;;.. 3d O'c1ock~.m. P2titi9R9r VliBASftIJ 'v'. M("~~l.ll, dF. ia 8~J38iFltt.d t(:."I~..)It;,ly ~UCUd;C111 ur lilt::: eSld.L~ nf Ri"'b~rej v. M~tz~~1 p!'l.di11bll!i fiRBI Fl:lliFlS br Uu~ ("Q11ct fnIlO\A(jng the. h~~rinQ At least S- days notice of the hearing shall be given to the next-of- kin listed in the petition by personal service or by regular and certified mail. ,~ \:J ZZ !IP 2J). J. INRE: RICHARD V. METZGER an alleged incapacitated person: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION f? -- NO. 2002-506 GUARDIANSHIP-INCAP ACIT A TED PERSON MOTION FOR CONTINUANCE AND NOW, comes Richard V. Metzger, by and through his privately retained counsel, Mark F. Bayley and in support of his Motion for Continuance avers as follows: I. Mark F. Bayley was recently retained as counsel for Richard V. Metzger. 2. There is a hearing scheduled for May 30, 2002, at 2:30 p.m. 3. The parties are trying to resolve this matter amicably. 4. Defense counsel may have to obtain an expert witness and has not had the opportunity to do so. 5. Opposing counsel, Nathan Wolf, Esquire has been contacted and is in agreement with the continuance. WHEREFORE, Richard Metzger, an alleged incapacitated person, respectfully requests a continuance on the hearing now scheduled for May 30, 2002. c''..] ">...: ~ Respectfully submitted, ROMINGER & BAYLEY /J/~ . Mark F. Bayley, EsqUIre 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court ID # 87663 Attorney for Richard Metzger Date: May 29, 2002 -- INRE: RICHARD V. METZGER an alleged incapacitated person: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ORPHAN'S COURT DIVISION NO. 2002-506 GUARDIANSHIP-INCAPACITATED PERSON CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Richard Metzger, do hereby certifY that I this day served a copy of the Motionjor Continuance upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Nathan C. Wolf, Esquire 35 East High Street Carlisle, P A ] 7013 Dated: May 29,2002 ~Z5 Mark F. Bayley, Esquire Attorney for Richard Metzger ~ NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PETITIONER ~ In re: : IN THE COURT OF COMMON PLEAS OF, : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHAN'S COURT DIVISION RICHARD V. METZGAR : an alleged incapacitated person: NO. 2002- 050(" : GUARDIANSHIP-INCAPACITATED PERSON CERTlFICA TE OF SERVICE I, Lori Schlegel, do hereby certify that I served a copy of the Citation and Order of Court, dated May 22, 2002, issuing a rule to show cause why petitioner should not be appointed guardian of the estate of Richard V. Metzgar, the alleged incapacitated person, at Claremont Nursing and Rehabilitation Center, Claremont Road, Carlisle, PA, on May 22, 2002, at 4:40 o'clock p.m. May& 2002 Sworn to and SU~ifibed Before me this 2 ay of May, 2002. Notarial Seal Harold S. Irwin 111, Notary Public Carlisle Bora, Cumberland County My CommIssIon Expires Sept. 23. 2002 Member, Pennsylvania A3socialion ot Notaries 'lAalc; 5(!h1 11 ~ LORI SCHLEGEL fjt ~--.. ,.... 8 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243.6090 ATTORNEY FOR PETITIONER ~ : IN THE COURT OF COMMON PLEAS OF, : CUMBERLAND COUNTY, PENNSYLVANIA In re: : ORPHAN'S COURT DIVISION RICHARD V. METZGAR an alleged Incapacitated person: NO. 2002- 05.0(" : GUARDIANSHIP-INCAPACITATED PERSON CERTlFICA TE OF SERVICE I, Richard V. Metzgar, Jr., do hereby certify that I served the next-of-kin of the alleged incapacitated person with notice of the hearing in this matter by personal service on May 22, 2002. May ;J q , 2002 K,^,/ U \ 1tv'1~ [j / RICHARD V. METZGAR, JR. v .. ~ c' I ',~ NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-8090 ATTORNEY FOR PETITIONER : IN THE COURT OF COMMON PLEAS OF, : CUMBERLAND COUNTY, PENNSYLVANIA In reo : ORPHAN'S COURT DIVISION RICHARD V. METZGAR : an alleged incapacitated person: NO. 2002- 050<- : GUARDIANSHIP-INCAPACITATED PERSON CERTIFICA TE OF SERVICE I, Lori Schlegel, do hereby certify that I served a copy of the Citation and Order of Court, dated May 22, 2002, issuing a rule to show cause why petitioner should not be appointed guardian of the estate of Richard V. Metzgar, the alleged incapacitated person, at Claremont Nursing and Rehabilitation Center, Claremont Road, Carlisle, PA, on May 22, 2002, at 4:40 o'clock p.m. May~ 2002 ~rvr.l SCV7! p .L LORI SCHLEGEL ~ Sworn to and sub~c.cibed Before me this2~ay of May, 2002. ~ I'.....,~ Notarial Seal Harald S. Irwin Ill, Notary Public Carlisle Bore, Cumberland County My Commission Expires Sept. 23. 2002 Member. Pennsylv:1nia A.~sociation of Notarias 7-/-0<-,- 'i5"JV"'" NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243.6090 ATTORNEY FOR PETITIONER In re: : IN THE COURT OF COMMON PLEAS OF, : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHAN'S COURT DIVISION RICHARD V. METZGAR an alleged incapacitated person: NO. 2002- 050 (, : GUARDIANSHIP-INCAPACITATED PERSON CERTIFICA TE OF SERVICE I, Richard V. Metzgar, Jr., do hereby certify that I served the next-ot-kin ot the alleged incapacitated person with notice ot the hearing in this matter by personal service on May 22, 2002. May ;J q , 2002 K'^-./ () \ 1tV1,<-/~ [j / RICHARD V. METZGAR, JR. v c ", ~" \..c Jim Hegarty, MD Home Address/Phone: Office Address/Phone: Email: Date and place of birth: Personal: Current Appointments 13 Southwatch Lane Mechanicsburg, PA 17050 (717) 796-2050 Summit Behavioral Health 176 S. Coldbrook Avenue Chambersburg, PA 17201 (717) 267-7426 jhegarty@post.harvard.edu June 9, 1962 Harrisburg, Pennsylvania Married, three sons 1999 1998 1997 1996 Education Clinical Professor of Psychiatry Medical Director Chairman of Psychiatry Medical Director Pennsylvania State University College of Medicine Quest Behavioral Health, York, PA Chambersburg Hospital, Chambersburg, PA Summit Behavioral Health, Chambersburg, PA 1994-95 1984-89 1987-88 1980-84 M.S. M.D MPH B.A. Residency Training Epidemiology Medicine Public Health Biology/Classics Harvard University, Boston, Massachusetts pennsylvania State University, Hershey. PA Columbia University, New York, New York Oberlin College, Oberlin, Ohio 1991-94 1989-91 Psychiatry Medicine McLean Hospital, Harvard Medical School, Belmont, MA Massachusetts General Hospital, Harvard Medical School, Boston, MA PETITIONER'S EXHIBIT 2 ,_/-0"7.- sll5 Board Certification & Licensure 1998 Addiction Psychiatry, Amcrican Board Psychiatry & ]l.;eurology, Certilicate No. 1659 1996 Psychiatry, American Board of Psychiatry & ~eurology, Certificate No. 42443 1996 Pennsylvania Medical License ;-';0. MD-058909-L (exp. 12-31-2002) 1991 Massachusetts Medical License No. 73798 (inactive status effective 6-9-2000) Experience 7.99 10 60()2 7.98 to 6/02 7/97 to 6/02 7/97 to 6102 7/97 to 7/98 3/97 to 6/02 7/96 to 6/02 7/96 to 7/98 7/95 to 7/97 7'95 to 7/97 7;95 to 7/96 7/95 to 7/96 7195 to 5/96 7;95 to 7/96 7,94 to 7;97 7 ;94 to 7/96 7'94 to 7/95 7/94 to 7/96 7/93 to 7/94 7;93 to 7/94 7/93 to 10/93 7.'91 to 7/94 7/91 to 7:94 7"91 to 7/94 7/91 to 7/94 7.91 to 7/94 7/90 to 7/94 Clinical Professor of Psycluarry, Pennsylvania State University College of Medicine Medical Director, Quest Behavioral Health, York, Pennsylvania Chairman, Department of Psychiatry, Chambersburg Hospital, Pennsylvania Medical Director, Behavioral Health Services, Summit Health, Pennsylvania Research Affiliate in Psycluarry, McLean HospItal, Harvard Medical School Consulting Staff, Waynesboro Hospital, Waynesboro, Pennsylvania Active Medical Staff, Chambersburg Hospital, Chambersburg, Pennsylvania Psychiatrist, Cumberland Valley Mental Health Center, Chambersburg, Pennsylvania Clinical Associate in Psychiatry. Massachusetts General Hospital, BoslOn, MA Instructor in Psychiatry, Harvard Medical School Attending Psychiatrist, Geriatric Psychiatry Program, McLean Hospital, Belmont, MA Ass!. Medical Director, Clinical Evaluation Center, McLean Hospital Attending Psychiatrist, Acute Psychiatry Service. Emergeney Room, MGH Medical Director, New England Geriatrics, Springfield, MA Assistant Psychiatrist, Mclean Hospital Lecturer, Harvard School of Public Health Staff Psychiatrist, Clinical Evaluation Cenler, McLean Hospital Clinical Research Fellow, Clinical Trials Program, McLean Hospital Chief Resident, Psychotic & Bipolar Disorders Program, McLean Hospital Psychiatrist-In-Charge, NB-IT, PsychoticiBipolar Disorders Program, McLean Resident in Consultation-liaison Psychiatry, MGH Resident in Adult Psychiatry, McLean Hospital, Belmont, MA Clinical Fellow in Psychiatry, Harvard Medical School, Boston Research Fellow in Neuroscience, Harvard Medical School. Boston Research Fellow, Labs for Psychiatric Research, McLean Hospital Clinical Fellow in Psychiatry, Harvard Medical School, Boston Assistant Physician & Clinical Investigator Trainee in Internal Medicine, MGH June, lOa] :! Board Certification & Licensure 1998 Addiction Psychiatry, American Board Psychiatry & Neurology, Certificate No. 1659 1996 Psychiatry, American Board of Psychiatry & Neurology, Certificate No. 42443 1996 Pennsylvania Medical License No. MD-058909-L (exp. 12-31-2002) 1991 Massachusetts Medical License No. 73798 (inactive status effective 6-9-2000) Experience 7/99 to 6102 7 '98 [0 6/02 7/97 to 6/02 7197 to 6/02 7i97 to 7/98 3/97 to 6;02 7196 to 6/02 7/96 to 7/98 7/95 to 7/97 7/95 to 7/97 7/95 to 7/96 7/95 to 7/96 7;95 to 5/96 7/95 to 7 '96 7..94 to 7 ;97 7'94 to 7/96 7'94 to 7/95 7/94 to 7/96 7/93 to 7/94 7/93 to 7/94 7/93 to 10/93 7/91 to 7/94 7/9] to 7/94 7/9\ to 7/94 7.'9\ to 7/94 7;91 to 7/94 7/90 to 7/94 Clinical Professor ofPsycruatry, Pennsylvania State University College of Medicine Medical Director, Quest Behavioral Health, York, Pennsylvania Chairman, Department of Psychiatry, Chambersburg Hospital, Pennsylvania :'vIedical Director, Behavioral Health Services, Summit Health, Pennsylvania Research Affiliate in Psychiatry, McLean Hospital, Harvard Medical School Consultlllg Staff, Waynesboro Hospital, Waynesboro, Pennsylvania Active Medical Staff, Chambersburg Hospital, Chambersburg, Pennsylvania Psychiatrist, Cumberland Valley Mental Health Center, Chambersburg, Pennsylvania Clinical Associate in Psychiatry, Massachusetts General Hospital, Boston, MA Instructor in Psychiatry, Harvard Medical School Attending Psychiatrist, Geriatric Psychiatry Program, McLean Hospital, Belmont, MA Ass!. :'vIedical Director, Clinical Evaluation Center, McLean Hospital Attending Psychiatrist, Acute Psychiatry Service, Emergency Room, MGH Medical Director, New England Geriatrics, Springfield, MA Assistant Psychiatrist, McLean Hospital Lecturer, Harvard School of Public Health Staff Psychiatrist, Clinical Evaluation Center, McLean Hospital Clinical Research Fellow, Clinical Trials Program, McLean Hospital Chief Resident, Psychotic & Bipolar Disorders Program, McLean Hospital Psychiatrist-In-Charge, NB-II, Psychotic/Bipolar Disorders Program, McLean Resident in Consultation-Liaison Psychiatry, MGH Resident in Adult Psychiatry, McLean Hospital, Belmont, MA Clinical Fellow in Psychiatry, Harvard Medical School, Boston Research Fellow in Neuroscience, Harvard Medical School, Boston Research Fellow, Labs for Psychiatric Research, McLean Hospital Clinical Fellow in Psychiatry, Harvard Medical School, Boston Assistant Physician & Clinical Investigator Trainee in Internal Medicine, MGH June. 1002 1 Experience 7/89 to 7/94 7/89 to 7/91 7/89 to 7/91 7/89 to 7/91 7/89 to 7/90 9/82 to 5/84 Medical Student Instructor in Psychiatry, Harvard Medical School Resident, Internal Medicine, Massachusetts General Hospital (MGH), Boston Instructor, Internal Medicine, Massachusetts General Hospital Clinical Fellow in Medicine, Harvard Medical School, Boston Intern, Internal Medicine, Massachusetts General Hospital (MGH), Boston Teaching Assistant in Molecular Biology & Genetics, Oberlin College Awards & Honors 2002 1994 1994 1994 1994 1994 1994 1994 1994 1992 1990 1989 1989 1989 1987 1987 1985-86 Doctor of the Year, PhysicianlNurse Collaboration Award, Chambersburg Hospital Laughlin Fellowship, American College of Psychiatrists APNDista Resident Research Award, American Psychiatric Association Ethel Dupont-Warren Fellowship, Dept. of Psychiatry, Harvard Medical School Livingston Award, Consolidated Dept. of Psychiatry, Harvard Medical School The Lilly Psychiatric Research Fellowship, American Psychiatric Association The Alfred Pope Award for Young Investigators, McLean Hospital Henry P. & M. Page Durkee Laughlin Award, Mclean Psychiatry Residency NIMH National Service Research Award Outstanding Resident Award, National Institute of Mental Health (NIMH) Residency Training Committee, Internal Medicine, MGH First Prize Pennsylvania State University Medical Research Forum Roche Award for Excellence in Psychiatric Research Upjohn A ward for Excellence in Creative Medical Scholarship Columbia University Research Collaborative on Pediatric AIDS The Surgeon General's Committee on Children with HIV Infection NIH-Howard Hughes Medical Institute Research Fellowship Edttonal Boards 1994-96 Ayd's Lexicon of Psychiatry, Neurology and the Neurosciences (2nd Ed.) Professional Activities & Memberships 2002 to 2003 1999 to 2002 Secretary Treasurer, Central Pennsylvania Psychiatric Society Pennsylvania Medical Society June. 1002 3 Professional Memberships 1997 to 2002 1997 to 2002 1997 to 2002 ] 996 to 2002 1986 to 2002 1986 to 2002 American Association for Geriatric Psychiatry American Society of Addiction Medicinc American Academy of Addiction Psychiatry American Society for Clinical Psychopharmacology American Psychiatric Association American Medical Association Publications Bhavanandan VP, Hegarty JO: Identification of the mucin core protein by cell-free translation of messenger Rc'iA from bovine submaxillary glands. Fed Proc 45: 1979, 1986 Furukawa K, Minor JE, Hegarty JO, Bhavanandan VP: Interaction of sialoglycoproteins WIth wheat gem' agglutinin-sepharose for purification of membrane mucin glycoproteins. J Bioi Chem 261:755-61, 1986 Bhavanandan VP, Hegarty JO: Identification of the mucin core protein by cell-free translation of messenger RNA from bovine submaxillary glands. 1 BIOI Chem 262:5913-17,1987 Hegarty JD and others: Economic Policy Statement. Proc Surgeon General's Workshop: Childrcn with HIV Infection and Their Families (BHHS-HRS-O-MC-I). US Depr Health & Human Services, Washington, DC, 1987 Hegarty JO, Abrams EJ, Hutchinson VE, Nicholas SW, Suarez MS, and Hegarty MC: Medical care costs of HIV-infected children in Harlem. Proc III Inli AIDS Conference, Washington, DC, June, 1987 Hegarty JO, Abrams EJ, Hutchinson VE, Nicholas SW, Suarez MS, and Hegarty MC: Medical care costs of HIV -infected children in Harlem. lAMA 260: 1901-05, 1988 Hegarty JD, Abrams EJ, Hutchinson VE, Nicholas SW,Suarez MS, Hegarty MC: Coilts medico-sociaux del' hospitalisation d'enfants seropositifs au HIV, a Harlem. lAMA (French Edition) 14:] 78,28 fevricr 1989 Hegarty JO, Baldessanni RJ, Tohen M, Watemaux C: One Hundred Years of Schizophrenia. Pro, Am Psychwtr Assoc Ann Meeting 145, Washington, DC, May, 1992 Hegarty JO: Long-term outcome in schizophrenia. Proc Boston Soc Neural Psychiatry, Annual Meeting, \993 Hegarty JD: History of the treatment of psychotic disorders Proc Manic Depression & Depression Assoc. Boston, September, 1993 June. 2001 .J Pubhcations Zornberg GL, Hegarty JD: Adverse interaction between propoxyphene and phenelzine. Am J PS1"chiatn< 1501170-71. 1993 . . Hegarty JD, Baldessarini RJ, Tohen M, Watemaux C, Oepen G: One Hundred Years of Schizophrenia: A meta-analysis of the outcome literature. Am J Psychiatry 151: 1409-1416. 1994. Frankenburg FR, Hegarty JD: Tinnitus, Psychosis. and Suicide. Arch Intern ,',;[ed 154:2371-2, 1994. Popli A & Hegarty JO: Transfer of psychiatric inpatients to a general hospital due to adverse drug reactions. Psychosomatics 38, 35-37, 1997. Hegarty JD. Suicidal and violent behavior associated with fluoxetine treatment. WWW address: httpJ/www.hsph.harvard.edu/OrganizationsIDDlUprozac.html Harvard University School of Public Health Psychiatric Epidemiology WWW Site. 1995 Hegarty JO, Baldessarini RJ, Tohen M, Cenlorinno F, Freidberg J, Weiss M. Hospital length of stay and improvement after tirst psychosis. Proc Am Psychiatr Assoc Ann Meeting 148 Miami, FL, May 22, 1995. Hegarty JD, Julian JD, Sanders 10,11, Stem T A. The MGH Medical Clearance Project: I. Clearance oflow medical risk psychiatric admissions. Proc Am Psychitllr Assoc Ann Meeting 148 Miami, FL, May 22, 1995. Tohen M, Zarate CA, Centorrino F, Hegarty J, Froeschl M, Zarate SB. Risperidone in the treatment of mania. J Clin Psych 57(6).249-253. /996 Frankenburg FR, Hegarty JD. Cost considerations in the treatment of schizophrenia. eNS Drugs 5( Ij: 75- 82. 1996 Baldessarini RJ, Hegarty JD, Bird ED Meta-analysis of postmortem studies of Alzheimer's disease-like neuropathology in schizophrenia. Am J Psych 154:86/-863. /997 Viguera AC. Baldessarini RJ, Hegarty JD, van Kammen OP. Tohen M. Clinical risk following abrupt and gradual wnhdrawal of maintenance neuroleptic treatment in psychotic inpatients and outpatients. Arch Gell Psvchwl1)' 54:49-55, 1997 Ghaemi SN, Shields GS, Hegarty JH, Goodwin FK. Cholesterol in mood disorders: high or low" Bipolar Disorders ::000. 2:60-64. 5 Junt!. 1002 Recent Invited Presentations (1999-2002) Reading Hospital and Medical Center Psychiatry Grand Rounds "New Treatments m Bipolar Disorder" 3/23/99 Greencast1e Family Practice "Current Management of Depression" GreencastIe, P A 6/1 8/99 Pinnacle Health Systems Psychiatry Grand Rounds "New Treatments in Bipolar Disorder" Harrisburg, P A 3/26/99 Harrisburg State Hospital Psychiatry Grand Rounds "New Treatments for Bipolar Disorder" 10/23/99 Central Pennsylvania Psychiatrists ""New Treatments in Bipolar Disorder" Camp Hill, PA 3;26/99 Danville State Hospital Psychiatry Grand Rounds "New Treatments for Bipolar Disorder" 10/23/99 Hanover Area Family Physicians "Depression Across The Female Life Cycle" Abbotlstown, P A 5/7/99 Harrisburg & Lancaster Area Psychiatrists "New Treatments for Bipolar Disorder" Hershey, P A 10/23/99 York Memorial Hospital Grand Rounds "'Depression Across The Female Life Cycle" 5/1 2;99 Penn State University College of Medicine Psychiatry Grand Rounds "History ofthe Treatment of Schizophrenia" 1127/00 Chambersburg Teen Radio "Homosexuality in Adolescence" Chambersburg, P A 5/18/99 Williamsport Area Psychiatrists "New Treatments for Bipolar Disorder" 2/25/00 Lancaster Area Primary Care Physicians "Current Management of Depression" Lancaster, P A 5/2 [199 Drs Barton & Chadwick Practice "Update: Treatment of Depression" Chambersburg, P A 317100 Central Pennsylvania Psychiatrists "Bipolar Disorder" Grantville, PA 5''22/99 Cumberland Valley Family PhYSicians "Update: Treatment of Depression" Chambersburg, PA 3/1 3/00 Cumberland Valley Family Physicians, Chambersburg, P A "Current Management of Depression" 6/8/99 Harrisburg Area Obstetricians & Gynecologists "Depression Across the Female Life Cycle" Camp Hill, P A 4/8/00 Penn State Women's Health Conference "Depression Across the Female Life Cycle" Hotel Hershey, 4/12/00 6 JUHe Jon] , Recent Invited Presentations (1999-2002) Carlisle Hospital )'ledical Grand Rounds "Mood Disorders in Women" 6/30/00 York Memorial Hospital Family Practice Grand Rounds "Atypical Antipsychotics" 3/7/01 Keystone Women's Health Group "Depression in Women" Chambersburg, P A 9!29100 , Wilson College Abnormal Psychology Class "Psychopharmacology" Chambersburg, P A 3/27/01 Greencastle Family Practice "Atypical Antipsychotics" 3/30/0 ] Harrisburg Area Obstetricians & Gynecologists "Depression in Women" Camp Hill, PA 9/29/00 Mt, Alto Family Practice "Atypical Antipsychotics" 4/20/0 I York Area Primary Care Physicians "Depression in Women" 10/25/00 Hershey Area Primary Care Physicians "Sexual Side Effects of Antidepressants" Hershey, PA 4/21/0 I Tuscarora Family Practice "Depression in Women" Hagerstown, MD 11/2100 Harrisburg Area Primary Care Physicians "SSRI Antidepressant Therapy" 5/5/01 Hanover Area Primary Care Physicians "Depression in Women" Hanover, PA 11/9/00 Pinnacle Health Systems Psychiatry Grand Rounds "Obsessive Compulsive Disorder" Harrisburg, P A 5/25/0 I York Area Primary Care Physicians "Treatment of Depression" York, PA 1130/00 Franklin County Physician Assistant Association "Atypical Antipsychotics in Primary Care" Gettysburg, P A 7/21/01 Harrisburg & Lancaster Area Psychiatrists "New Treatments for Bipolar Disorder" Hershey, P A 12/8.'00 Pennsylvania Society of Osteopathic Physicians Annual State Meeting "Atypical Antipsychotics in Primary Care" Hotel Hershey 8/12/0 I South Mountain Restoration Center Physicians "Agitation & Aggression in Dementia" 12/15/00 Central P A Nurse Practioners "Atypical Antipsychotics in Primary Care" Harrisburg, P A 8/15/01 lltll!!. ]OO! Recent Invited Presentations (1999-2002) Penn Stale University College of Medicine PsychIatry Grand Rounds "~lanagement of AntIdepressant Sexual Side Effects" Hershey, PA 9113/01 Penn State University College of Medicine Fall Psychiatry Symposium, Camp Hill, PA "Management of Antidepressant Sexual Side Effects" 9127/0\ Franklin & Cumberland County Skilled and Personal Care Providers "New Treatments for the Management of Dementia" Chambersburg Hospital 10129/01 State College Area Physicians "Patient Type and Antidepressant ChOIce" State College, PA 11/3/01 Chambersburg Hospital Grand Rounds "ECl: Mechanisms, Indications, Efficacy" 01:18/02 Penn State University College of Medicine Spring Psychiatry Symposium, Harrisburg, PA "History of the Treatment of Schizophrenia" 5;9/02 Gelsinger Hospital Psychiatry Grand Rounds "Management of Antidepressant Sexual Side Effects Oi/31/02 Mt. Alto Family Practice "Mood Disorders in Women" :vlt, Alto, PA 02i08/02 Lewisburg, PA Primary Care Physicians Atypical Antipsychotics in Primary Care Lewisburg, P A 02/13/02 Franklin County Physician's Assistants Patient Type & Antidepressant Choice" Hagerstown, MD 02/21/02 Franklin & Cumberland County Primary Care Physician "Patient Type and Antidepressant Choice" Carlisle, PA 03/21/02 Penn State University College of Medicine Spring Psychiatry Symposium Middletown, P A "History of the Treatment of Schizophrenia" 5/9/02 Carlisle Hospital Grand Rounds "Psychotropic Medications in Primary Care" 5/17102 Penn State University College of Medicine Psychiatry Residency Training Program PGY-l and PGY-2 Psychiatry Residents "Sexual Dysfuncllon" 6/6/02 Western Maryland Alzheimer's Association Best Practices in Dementia Care Conference "New Treatment's for Alzheimer's Disease" Hagerstown, MD 06/20/02 Pinnacle Health Systems Psychiatry Grand Rounds "ECT: Mechanisms, Indications, Efficacy"" Harrisburg, PA 6/28/02 Harrisburg State Hospital Psychiatrists "History of Schizophrenia Treatment" Harrisburg, P A 07/01/2002 JWlf? 2001 8 Recent Invited Presentations (1999-2002) South Mountain Restoration Center Physicians "History of Schizophrenia Treatment" Chambersburg, PA 7il8/02 Chambersburg Hospital Post Anesthesia Recovery Unit (P ACU) Staff "ECT: Mechanisms, Indications, Efficacy" Chambersburg, P A 9/12;02 Martinsburg V A Hospital Grand Rounds "Atypical Antipsychotics" 9118/02 Institute of Retired Persons Wilson College "Depression in Older Adults" 10;2/02 Reading Hospital & Medical Center Psychiatry Grand Rounds "Management of Antidepressant Sexual Side Effects' 10/8/02 Penn State University College of Medicine Fall 2002 Psychiatry Symposium Reading, PA "History of the Treatment of Schizophrenia" 1 0/3 1/02 June. 2002 9 References Ross Baldessarini, M.D. Professor of Psychiatry (Neuroscience) Harvard Medical School McLean Hospital 115 Mill Street Belmont, MA 02178 (617) 855-3203 Bruce Cohen, M.D., PhD Professor of Psychiatry, Harvard Psychiatrist in Chief McLean Hospital 115 Mill Street Belmont, MA 02178 (617) 855-2000 JUI/f::. 2002 10 ..- DOCTOR'S PROGRESS 'NOTES This iIIlDrmaliOl1 '.,,~ beeD di.cI,. to you 'rn- ~ WPl!IE _ c<tilutiulity is protected i, s... 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'..'. . ..~'=""_R_ ~.!"o:1.1':'.~.__..-- Olumbtrlanb Olauntu Ql)ffirt af Aging & ornmmunitl1 &truirtli HUMAN SERVICES BUILDING 16 West High Street, Carlisle, PA 17013 17171 240-6IIO or 697-0371, Ext. 6IIO 532-7286, Ext. 6IIO Fax: 240-6II8 website: www.ccoa.net/a!!inl! e-mail: 3!!in!!(a)ccna.net NancvA.Besch - Chairman EarlR. Keller Vice Chairman Richard L. Rovcgno Serrel(Jrl' June 25, 2002 John F. Connolly Chief Clerk OennisR. Marion County Administrator TerryL Barley DireClOr Mr. Richard Metzger, Jr. 886 Bower Road Shermansdale, P A 17090 Dear Mr. Metzger: The Cumberland County Office of Aging's Adult Protective Services Unit received a Report of Need of Protective Services on May 20,2002 concerning Richard Metzger, Sr. The concern expressed in the report was that he may have been financially exploited by you. After conducting an investigation, I found this report to be unsubstantiated. Thank you for your cooperation throughout the investigation. Sincerely, ~~Pcu.J2Q Janet Paull Protective Services Worker Cc: Nathan Wolf, Esq. PETITIONER'S EXHIBIT r;1LJ . , THE BANK OF LANDlSBURG P.o.lJO.'~ L.AMM8URO. po" ..,.,. ___ DALE Off1C8 6020 IIEIIITTU . Richard V. Metzgar DATE ADril 11-01 .!!!:!1.!!3 313 ! I' Ii I~ PAY TO ntl! ORDEROF Ann K. Sturms (Gift) 1QOQ~~@7Q a:::oo::-,:"..~." DF- . :_:.<;;ji:~iss,->~~ 10JOO()d~}r$nnct~ "10 18 5M;,~~-.J DOllARS I II ti Ii'1 ~OO~D2D~"~D3~3~2~23~ . ~LY" 3~?332-~ ~DDO~ODDDDD~ .. CASHIER'S CHECK Check Image - 04/17/01 -.... " o _z 00 "~ ~,. <" ~- ~;; c' "", ~ :!:'> z<: ~v .no ~;.o -'" ~; ::z -.. em =~ C'O ~,. ~~ ": ~ ~ . ., -. FRB-PHILA~RCPC-GROUP 100038870 0310-0004-0~",ii: 100038870 04-17-01 -, .". " 0= .~ f.~~:~c+:i;~ - "".:2,-- L.." ..J ,,- rr-', ;..... : i~ 'J. t'~.H".l . ..~..." . ~ ...., .031~S3" IIIC 1l8et~11I1QJI Pll:PJ\ :M~. .~~ E: wtl' 12 4~:}0t2835~ ..... <1> ..~ = ;~.. U' , = C- " r c '" .. z m Check Image - 04/17/01 PETITIONER'S EXHIBIT ~- '1.1-01-- 4/-s, '-. INRE: RICHARD V. METZGER an alleged incapacitated person: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION ~ NO. 2002-506 GUARDIANSHIP-INCAPACITATED PERSON ORDER OF COURT AND NOW, thiS~y of ml1 Y ,2002, the hearing previously scheduled for May 30, 2002, at 2:30 p.m. has been rescheduled to the day of _u;",../ 'I , 2002, in Courtroom tt5, at the Cumberland County Courthouse in Carlisle, Pennsylvania at 9:t..gock It m. in consideration of the within Motion for Continuanc Distribution: EaI~tt.tJ E. Cu., 'dO J. / Mark F. Bayley, Esquire Nathan C. Wolf, Esquire :8 " f:.:3 INRE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD V. METZGAR An alleged incapacitated Person NO. 21- 2002-0506 ORPHANS' COURT ORPHANS' COURT DIVISION ORDER OF COURT AND NOW, this 4TH day of JUNE, 2002, our order of May 30,2002, continuing the hearing at Respondent's request is amended to add the following provision: Pending the rescheduled hearing the parties shall maintain the status quo. Respondent Richard V. Metzgar is prohibited from revoking the power of attorney in favor of his son, Petitioner Richard V. Metzgar, Jr. Petitioner Richard V. Metzgar, Jr. is prohibited from expending any funds or liquidating any assets, other than to pay regular monthly bills and expenses as they come due. In all other respects, the Order of Court dated May 30, 2002, shall remain in full force and effect. ~Y,)he.;?urt, " ~- ( ~=~ :;;T~, , !, Edward E.-Guido, Ie:: i_. Mark F. Bayley, Esquire Nathan C. Wolf, Esquire :sld INRE: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA RICHARD V. METZGAR An alleged incapacitated person. : NO. 21-2002-0506 ORPHANS' COURT : ORPHANS' COURT DIVISION PETITION FOR RELEASE OF FUNDS HELD IN TRUST AND NOW, comes Richard V. Metzgar, by and through his attorney, Mark F. Bayley, Esquire, and petitions this Honorable Court as follows: 1. On or around May 21, 2002 Petitioner, Richard V. Metzgar, Jr. (Son), by his attorney, Nathan C. Wolf, Esquire, filed a guardianship petition involving his father, Richard V. Metzgar (Father). 2. A hearing on the Petition was scheduled for May 30, 2002 in front of the Honorable Edward E. Guido. 3. In said Petition, Son alleges that Father lacks the capacity to make informed fmancial decisions. 4. Along with filing said Petition, Son, using a general power of attorney, placed Father's funds into a trust account at The Bank of Landisburg naming himself as Trustee. 5. On May 30, 2002 Judge Guido granted a continuance to the guardianship hearing at the request of Father's attorney, Mark F. Bayley, Esquire. The hearing was rescheduled for July 1,2002. 6. On June 4, 2002, Judge Guido issued an order instructing both parties to maintain the "status quo" with regards to Father's assets and prohibiting Father from revoking Son's power of attorney for the purpose of paying Father's regular monthly bills and expenses. 7. Father believes that he is fully capable of handling his own fmances. 8. Father wishes to employ an expert for the purposes of establishing his capacity at the July I, 2002 hearing. 9. Father wishes to use up to $2,000.00 of his own funds in order to employ an expert. WHEREFORE, Richard V. Metzgar respectfully requests this Honorable Court to direct Petitioner and the The Bank of Landisburg to release $2000.00 of Mr. Metzgar's funds held in trust for deposit into the escrow account of Rominger & Bayley Law Offices for the sole purpose of enabling Mr. Metzgar to employ an expert witness on his own behalf. Respectfully submitted, ROMINGER & BAYLEY M-s Mark F. Bayley, Esquire 155 S. Hanover St. Carlisle,PA 17013 (717) 241-6070 Supreme Court ID # 87663 Attorney for Richard V. Metzgar VERIFICATION I, Mark F. Bayley, Esquire, attorney for Richard V. Metzgar, verifY that the statements made in the foregoing Petition are true and correct. I understand that fulse statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. _~,5ire Date: ~- 7.07 CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certifY that on this day I served a true and correct copy of the forgoing document by depositing the same in the United States mail, fIrst class postage prepaid, addressed as follows: Nathan C. Wolf, Esquire 35 East High Street Carlisle, PA 17013 Date: Co - ( - 0 C ^ .,. V vu 1: Mark F. Bayley, Esquire 155 S. Hanover St. Carlisle, P A 17013 (717) 241-6070 Supreme Court ID # 87663 Attorney for Richard V. Metzgar ~&~ JUN 1 1 2002 LAW OFFICES KARL E. ROMINGER, ESQ. MARK F. BAYLEY, ESQ. 1SS SOUTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 TEL: 717.241.6070 FAX: 717.241.6878 law@romingerlaw.com www.romingerlaw.com June 10,2002 Honorable Edward E. Guido Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 RE: In re: Richard V. Metzgar Dear Judge Guido: I have reached an agreement with Attorney Wolf regarding my June 7, 2002 Petition for Release of Funds Held in Trust. Attorney Wolf informed me that his client would agree to the request contained in the Petition; therefore, I wish to withdraw the Petition at this time. Sincerely, MS Mark F. Bayley, Esquire cc. Nathan C. Wolf, Esquire ADVOCACY ADVICE ANSWERS NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PETITIONER : IN THE COURT OF COMMON PLEAS OF, : CUMBERLAND COUNTY, PENNSYLVANIA In re: : ORPHAN'S COURT DIVISION RICHARD V. METZGAR an alleged incapacitated person : NO. 2002-0506 : GUARDIANSHIP-INCAPACITATED PERSON STIPULA TION OF COUNSEL To the Clerk of the Orphans' Court: An agreement having been reached by counsel in the above-captioned action with regard to the relief requested in the petition filed with the Court on June 7, 2002, by Mark F. Bayley, Esquire, counsel for Richard V. Metzgar, the alleged incapacitated person, the parties set forth the following stipulation and agreement: 1. Petitioner has delivered to Mark F. Bayley, Esquire, a check in the amount of $2,000.00, drawn on the trust account held by petitioner, made payable to the law firm of Rominger & Bayley, which will be deposited in the firm escrow account, from which funds expert witness fees may be paid for services rendered in this matter. 2. Mark F. Bayley, Esquire, counsel for Richard V. Metzgar, the alleged incapacitated person, hereby withdraws the petition filed with the Court on June 7, 2002. ..if.1d3SQU'RE Attorney for Richard V. Met2gar 155 South Hanover Street Carlisle, PA 17013 717-241-6070 Supreme Court 10 No. 87663 Date: h-//'- ?~ Date: C - LL=-n~ NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 3S EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PETITIONER cd~~ In reo : IN THE COURT OF COMMON PLEAS OF, : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHAN'S COURT DIVISION RICHARD V. METZGAR an alleged incapacitated person : NO. 2002-0506 : GUARDIANSHIP-INCAPACITATED PERSON STIPULA TION OF COUNSEL To the Clerk of the Orphans' Court: An agreement having been reached by counsel in the above-captioned action with regard to the relief requested in the petition filed with the Court on June 7, 2002, by Mark F. Bayley, Esquire, counsel for Richard V. Metzgar, the alleged incapacitated person, the parties set forth the following stipulation and agreement: 1. Petitioner has delivered to Mark F. Bayley, Esquire, a check in the amount of $2,000.00, drawn on the trust account held by petitioner, made payable to the law firm of Rominger & Bayley, which will be deposited in the firm escrow account, from which funds expert witness fees may be paid for services rendered in this matter. 2. Mark F. Bayley, Esquire, counsel for Richard V. Metzgar, the alleged incapacitated person, hereby withdraws the petition filed with the Court on June 7, 2002. ~d3SQUIRE Attorney for Richard V. Metzgar 155 South Hanover Street Carlisle, PA 17013 717-241-6070 Supreme Court 10 No. 87663 Date: -:;'--/;;"- c /-- Date:C-II-n~ INRE: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA RICHARD V. METZGAR An alleged incapacitated person. : NO. 21-2002-0506 ORPHANS' COURT : ORPHANS' COURT DIVISION ORDER OF COURT AND NOW, this day of June, 2002 Petitioner and The Bank of Landisburg are hereby directed to release $2000.00 from Richard V. Metzgar's trust account for deposit into the escrow account of Rominger & Bayley Law Offices. These funds are to be used at the discretion of Mr. Metzgar and his attorney, Mark F. Bayley, Esquire, for the sole purpose of enabling Mr. Metzgar to employ an expert witness on his own behalf. '-, .',- '. '., BY THE COURT, "~ Edward E. Guido, J. NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PETITIONER : IN THE COURT OF COMMON PLEAS OF, : CUMBERLAND COUNTY, PENNSYLVANIA In re: : ORPHAN'S COURT DIVISION RICHARD V. METZGAR an alleged incapacitated person : NO. 2002-0506 : GUARDIANSHIP-INCAPACITATED PERSON PETITION FOR PAYMENT OF COUNSEL FEES NOW comes the petitioner, Richard V. Metzgar, Jr., by his attorney, Nathan C. Wolf, Esquire, and files this petition for payment of counsel fees, representing as follows: 1. The petitioner is Richard V. Metzgar, Jr. an adult individual, residing at 886 Bowers Road, Shermansdale, Perry County, Pennsylvania. 2. The alleged incapacitated person is Richard V. Metzgar, (hereinafter "Metzgar") an adult individual, aged 88 years, who currently resides at the Claremont Nursing and Rehabilitation Center, 375 Claremont Drive, Carlisle, Cumberland County, Pennsylvania. 3. Petitioner is the son of Richard V. Metzgar. 4. Petitioner sought representation in the instant matter through Irwin Law Office, Carlisle, Cumberland County, Pennsylvania. 5. Until the petitioner and counsel had obtained medical documentation from Dr. James Hegarty, regarding the mental condition of the alleged incompetent person, Richard V. Metzgar, the petitioner had paid all counsel fees associated with the advice sought from counsel regarding the appropriate course of action with regard to guardianship proceedings. 6. Once the medical documentation had been obtained, indicating that petitioner's concerns regarding the mental incapacity of the alleged incapacitated person, Richard V. Metzgar, were well founded, counsel for petitioner began documenting the time and effort expended in preparation for the guardianship proceedings, but did not submit the same in the form of invoices to petitioner. 7. Significant efforts were expended by counsel as a result of the initial desire by the alleged incapacitated person, through his counsel to challenge the appointment of a guardian of the estate. 8. Furthermore, substantial time was expended in consulting with petitioner, and Dr. James Hegarty, the expert witness who presented necessary medical testimony on behalf of petitioner. 9. Counsel for petitioner has, to date, expended significant time and labor in his involvement with this matter and has accrued significant fees. 10. The total fees sought for reimbursement are approximately $2,292.50. A true and correct copy of counsel's invoice, dated as of June 29, 2002, is attached hereto as Exhibit "A". WHEREFORE, petitioner respectfully requests this Honorable Court issue an order directing petitioner to forward payment of counsel fees for services rendered up to June 29, 2002, to Irwin Law Office in the amount of $2,292.50 from the estate of Richard V. Metzgar, the alleged incapacitated person. Furthermore, petitioner requests that this Honorable Court's Order permit future payment to be made resulting from counsel's presence at the guardianship hearing held before this Honorable Court on July 1, 2002. June 29, 2002 NAT C. WOLF A ney for Petitioner 35 East High Street Carlisle, PA 17013 717 -243.6090 Supreme Court 10 No. 87380 VERIFICATION I do hereby verify that the facts set forth in this petition are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.SA Section 4904, relating to unsworn falsification to authorities. /? ?' Juneq, 2002 ~ F, ESQUIRE Law Offices of Harold S. Irwin, III 35 East High Street Suites 201 and 202 Carlisle, PA 17013 In\Oice submitted to: Richard Metzgar 886 Bower Road Shenmansdale PA 17090 July 01, 2002 Professional Sef'.ices Hrs/Rate Amount 513/02 NCW Recei\e and re~ew e-mail from Skip 0.20 20.00 100.00/hr 5/9/02 NCW Phone call from Darlene Metzgar 0.20 20.00 100.00/hr 5/10102 NCW Call to Tammy Gramley 0.20 20.00 100.00/hr 5/15/02 NCW Call to Tammy Gramley 0.20 20.00 100.00/hr r'A II t5'<HioiT Richard Metzgar Page 2 Hrs/Rate Amount 5/15/02 NCW Call to Dr. Hegarty 0.20 20.00 100.00/hr 5/16/02 NCW Call from Dr. Hegarty 0.30 30.00 100.00/hr NCW Call from Skip 0.50 50.00 100.00/hr NCW Call to Tammy Gramley 0.20 20.00 100.00/hr 5/17/02 NCW Call from Tammy Gramley 0.20 20.00 100.00/hr 5/20102 NCW Calls from Skip 0.30 30.00 100.00/hr NCW Call from Bank of Landisburg, call to Bank of Landisburg, call to Tammy 0.50 50.00 Gramley 100.00/hr NCW Draft emergency guardianship petition 0.70 70.00 100.00/hr NCW Edit petition 0.30 30.00 100.00/hr 5/21/02 NCW Edit petition and call to Skip 0.90 90.00 100.00/hr NCW Finaiize petition, prepare for filing and call to Skip 0.80 80.00 100.00/hr NCW Meet with Skip 0.20 20.00 100.00/hr 5/22/02 NCW Meet with Skip, and call to Ray Egolf at Bank of Landisburg 0.60 60.00 100.00/hr NCW Call from J.P. at Cumberland County Office of Aging 0.40 40.00 100.00/hr 5/23/02 NCW Call back to Skip 0.20 20.00 100.00/hr NCW Call to Hegarty, call from Tammy Gramley, call from Lori Schlegel 0.40 40.00 100.00/hr 5/24/02 NCW Tra\el to and from Claremont for certificate of sen.ice 0.70 70.00 100.00/hr 5/28/02 NCW Call from Mark Bayley 0.60 60.00 100.00/hr NCW Consult with HSI 0.20 20.00 100.00/hr NCW Call to Mark, consult with HSI 0.40 40.00 100.00/hr NCW Call from Mark Bayley, call to Skip, call to Hegarty 0.40 40.00 100.00/hr NCW Call from Skip, call from Mark and legal research on Medicaid 1.30 130.00 100.00/hr 5/29/02 NCW Meet with Skip to prepare for meeting 1.20 120.00 100.00/hr NCW Call from Linda Kessinger and call to Skip 0.60 60.00 100.00/hr Richard Metzgar Page 3 Hrs/Rate Amount 5/29/02 NCW Call from Marl< Bayley, call to Skip, call to Hegarty 0.30 30.00 100.00/hr 5/30/02 NCW Receil.e and rel.1ew Bayley's motion for continuance 0.20 20.00 100.00/hr NCW Call from Linda Kessinger and call to Dr. Hegarty 0.50 50.00 100.00/hr NCW Call to Skip and call to Judge Guido 0.20 20.00 100.00/hr 5/31/02 NCW Letter to Mark Bayiey 0.30 30.00 100.00/hr NCW Call to Guido's office re: scheduling 0.20 20.00 100.00/hr NCW Recei", and rel.1ew Judge Guido's scheduling order and letter from Marl< 0.40 40.00 Bayley 100.00/hr NCW Research guardianship questions 0.60 60.00 100.00/hr NCW Attend meeting with Skip, Linda, Darlene, Dick, Ann and Marl< Bayley 1.50 150.00 100.00/hr NCW Call from Bayley 0.20 20.00 100.00/hr 6/3/02 HSI COnf with Nate re conf with Judge Guido and assist in drafting letter 0.20 35.00 175.00/hr NCW Call to Judge Guido's office, letter to Judge Guido, call to Marl< Bayley 0.60 60.00 100.00/hr NCW Phone calls with Marl< Bayley and Judge Guido's office, attend 0.80 80.00 conference with Judge Guido and Marl< Bayley 100.00/hr NCW Call from Janet Paull, call to Skip 0.20 20.00 100.00/hr 6/4/02 NCW Call from Linda Kessinger. call from Skip, call from Janet Paull 0.70 70.00 100.00/hr 6/5/02 NCW Call from Dr. Hegarty 0.20 20.00 100.00/hr 6/6102 NCW Recei", and rel.1ew Judge Guido's order 0.20 20.00 100.00/hr NCW Conference with Janet Paull and Skip 1.50 150.00 100.00/hr 6/8102 NCW Call and e-mail from Skip, recei", and rel.1ew petition from Marl< Bayley 0.40 40.00 100.00/hr 6/10/02 NCW Call to Skip and to Marl< Bayley 0.30 30.00 100.00/hr NCW Call from Skip, call to Marl< Bayley, retum call to Tammy Gramley 0.20 20.00 100.00/hr NCW Draft stipulated agreement, call from Gramley 0.50 50.00 100.00/hr 6/11102 NCW Call to Marl< Bayley re: stipulation, call to Skip, call from Janet Paull 0.50 50.00 100.00/hr Richard Metzgar 6/11/02 NCW Meet with Skip, hand deli-.er Stipulation and check to Mark Bayley, hand deli-.er bank records to Janet Paull, file stipulation with Court, recei-.e and review letter from Mark Bayiey, deli-.er copy of stipulation to Judge Guido's office 6/24/02 NCW Retum call to Skip 6/25/02 NCW Call from Linda Kessinger, call to possible witness NCW Call to Gerald Morrison, call to Janet Paul, get subpoena from office of Clerk of Orphan's Court 6/26/02 NCW Call to Skip NCW Recei-.e and review fax from Janet Paull, calls to and from Dr. Hegarty 6/27/02 NCW Meet with Skip, prepare subpoena, letter to Ray Egolf NCW Recei-.e and review C.V. from Dr, Hegarty, prepare hearing questions, call to Gramley, call to Hegarty, recei-.e and review fax from Gramley 6/28/02 NCW Review medical records from Hegarty's evaluation, meet with and prepare Skip's questions for hearing, call to Hegarty NCW Letter and phone call to Mark Bayley' NCW Call to Skip 6/29/02 NCW Draft counsel fee petition, prep for hearing For professional services rendered pr.;,f: VIOl 'SLY ~ n(\LII?~ !\ P PI... f/::~D C ~ tYJ rr r..:o !2... ScY<.Vi Ct' ~ pe-1~1 NeD BA-lA/Vci- Q21'l1.:JnJii\,t, Page 4 Hrs/Rate Amount 0.80 80.00 100.00/hr 0.20 20.00 100.00/hr 0.30 30.00 100.00/hr 0.80 80.00 100.00/hr 0.20 20.00 100.00/hr 0.50 50.00 100.00/hr 0.80 80.00 100.00/hr 1.50 150.00 100.00/hr 1.90 190.00 100.00/hr 0.80 80.00 100.00/hr 0.30 30.00 100.00/hr 0.90 90.00 100.00/hr 42.10 $4,292.50 dOW w It CA ZX/'. 50 I 0( .. LAW OFFICE OF HAROLD S. IRWIN, III ATTORNEY-AT-LAW HAROLD S. IRWIN, III NATHAN C. WOLF HITNER HOUSE, SUITES 201 and 202 35 EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013 HEATHER A. BARBOUR RHONDA S. IRWIN PARALEGALS www.irwinlawoffice.com e-mail: irwinfaw@epix.net 717-243-6090 PHONE 717-243-9200 FACSIMILE July 3, 2002 VIA HAND DELIVERY Hon. Edward E. Guido Cumberland County Court of Common Pleas 1 Courthouse Square Carlisle, PA 17013 Re: Richard V. Metzgar (Guardianship) Docket No: 2002-0506 Orphan's Court Dear Judge Guido: According to Mr. Bayley, it is my understanding that a response was already filed to my petition for payment of counsel fees. In that response, I believe that Mr. Bayley left the determination as to what was just compensation to your discretion. Furthermore, it is my understanding that Mr. Bayley has already been compensated for his efforts. Therefore, I am returning the petition to you for your final determination, as I believe that the respondent has voice no objection to the payment of my fees. By copy of this letter I am informing Mr. Bayley of this communication. Thank you in advance for your time and attention in this regard. Please do not hesitate to contact me if you have any questions or concerns. v.'" ~ .<S, /~~ ~If t' .,/ '----... Attachment cc: Mark F. Bayley (attachment already delivered) INRE: : IN THE COURT OF COMMON PLEAS OF ; CUMBERLAND COUNTY, PENNSYLVANIA RICHARD V. METZGAR An alleged incapacitated Person ; NO. 21-2002-0506 ORPHANS' COURT : ORPHANS' COURT DIVISION RESPONSE TO PETITION FOR PAYMENT OF COUNSEL FEES AND NOW, comes the respondent, Richard V. Metzgar, Sr., by his attorney, Mark F. Bayley, Esquire, and responds to the Petition for Payment of Counsel Fees as follows: 1. Respondent's attorney, Mark F. Bayley, Esquire, received pre-payment from Mr. Metzgar, Sr. in the amount ofa $750.00 flat fee for all representation up to and through the guardianship hearing on July I, 2002. 2. Respondent's attorney spent between ten (10) to fifteen (15) hours oftirne representing Respondent. 3. The Respondent will leave the reasonableness or Petitioner's attorney fee, as detailed in his Petition, to the discretion of the Court. WHEREFORE, the Respondent requests that the Court confirm Petitioner's attorney fee and award Petitioner attorney fees in an amount this Court deems just. Respectfully submitted, I-I-C"'L ~ Mark F. Bayley, Esquire 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court 10# 87663 Attorney for Respondent CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certil)' that on this day I served a true and correct copy of the forgoing document by depositing the same in the United States mail, first class postage prepaid, addressed as follows: Nathan C. Wolf; Esquire 35 East High Street Carlisle, P A 17013 Date: 7- \ -0'- Vl/(~ Mark F. Bayley, Esquire 155 S. Hanover St. Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 87663 Attorney for Richard V. Metzgar NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PETITIONER : IN THE COURT OF COMMON PLEAS OF, : CUMBERLAND COUNTY, PENNSYLVANIA In reo : ORPHAN'S COURT DIVISION RICHARD V. METZGAR an alleged incapacitated person : NO. 2002-0506 : c!UARDIANSHIP-INCAPACITATED PERSON ORDER OF COURT NOW, this .r..t day of July, 2002, upon consideration of the attached petition and it is ordered and decreed that Richard V. Metzgar, Jr., guardian of the estate of Richard V. Metzgar, shall forward payment to Irwin Law Office in the amount of $2,292.50 for services rendered prior to July 1, 2002. Furthermore, the Guardian shall be permitted to make payment to Irwin Law Office for fees incurred as a result of the guardianship hearing held on July 1, 2002. ;;-.,J , J. Q IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION RICHARD V. METZGAR, an alleged incapacitated person NO. 2002-0506 GUARDIANSHIP-INCAPACITATED PERSON ORDER OF COURT AND NOW, this 1st day of July, 2002, after hearing, we do find that the allegations in the petition have been proven by clear and convincing evidence and that Mr. Richard V. Metzgar, Sr., is unable to handle his finances. Consequently, Richard V. Metzgar, Jr., is appointed guardian of the estate and the property of Richard V. Metzgar, Sr. Nathan C. Wolf, Esquire Attorney for Petitioner Mark F. Bayley, Esquire Attorney for Respondent srs ~l PETITION FOR PROBATE and GRANT OF LETTERS ,)./- 02 - 50lD Estate of Richard V. Metzgar also known as . Deceased. To: Register of Wills County of Cumberland in the Commonwealth of Pennsylvania Social Security No. 569-30-4753 The petition of the undersigned respectfully represents that: Your petitioner, who is 18 years of age or older, is one of the personal representatives named in the last will of the above decedent, dated JANUARY 4, 2000. Decedent was domiciled at death in MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, with his iast family or principal residence at 1000 CLAREMONT DRIVE, MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA 17013. Decedent, then 90 years of age, died OCTOBER 17, 2003 at CLAREMONT NURSING AND REHABILITATION CENTER, 1000 CLAREMONT DRIVE, MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA. Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent. Decedent was adjudicated incompetent by this Court on or about July 1, 2002 at Orphan's Court Docket No. 2002-0506 whereupon this Court appointed the petitioner as guardian of the estate of Richard V. Metzgar. 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 situated as follows: TOTAL $ 26,500.00 $ $ $ 56.400.00 $ 82,900.00 WHEREFORE, petitioner respectfully requests the probate of the last will presented herewith and the grant of letters testamentary thereon. r. ~~. 0-.~ RICHARD V. METZGAR, JR. 886 BOWER ROAD SHERMANS DALE PA 17090 ~.~ OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Sworn to and su~cr;ibed before me this ~ day of OCTOBER, 2003. 0)""-,, \"'fl ~"t-\ ,. \\J:k [,Jr' Jo:t) ,-P",?) CL'J.<\.s,C\ Registe I~,j:,'t The petitioner above-named swears that the statements in the foregoing petition are true and correct to the best of the knowledge of petitioner and that as personal representative of the above decedent, petitioner will well and truly administer the estate according to law. ~"'-~h~," ~'\~ RICHARD V. METZGA~Jk'{~J<If") 1"1- 116- 'l Estate of RICHARD V. METZGAR, deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW, OCTOBER 2J{ 2003, in consideration of the petition attached hereto, satisfactory proof having been presented before me, IT IS DECREED that the instrument dated JANUARY 4, 2000 and described therein, be admitted to probate and filed of record as the last will of RICHARD V. METZGAR~nd Letters Testamentary are hereby granted to RICHARD V. METZGAR, JR. ~51<lf 'j FEES ,'<<I Register 0 Wills 'eJ11~L~ Probate, Letters, Etc. Short Certificates ~c~iol'l \!"'u'~ "I: Y.,eP TOTAL Filed: 10 ' ;!. '" ' J 0<0 " $9.00 -00 $ ;,'-1, (i(! $ ;R",){) $ /(i c) $ ,~55 (f) C(,~~ c < \ (~) ..~ \:: "_) '--~, J ~ 717 -243-6090 LAST WILL AND TESTAMENT OF RICHARD V. METZGAR I, RICHARD V. METZGAR, of 800 Bower Road, Shermans Dale, Perry County, Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this to be my Last Will and Testament, hereby revoking and making void all previous Wills and Codicils heretofore made by me. I I order and direct my personal representative hereinafter named to pay all of my just debts, funeral expenses and expenses involved or connected with the administration of my estate as soon after my death as is reasonably possible. However, my personal representative need not accelerate and pay those unmatured obligations which, in his, her or its opinion, it might be proper and more advantageous to retain or renew and pay as they become due and payable. If! do not own a burial plot or a grave marker at the time of my death, I authorize my personal representative, in his, her or its sole discretion, to purchase a burial plot and to erect a suitable grave marker at my grave, and to expend sums from my estate for this purpose. 2 I give, devise and bequeath the following property with all insurance proceeds thereon as follows: a. I give the sum of TWENTY-FIVE THOUSAND ($25,000.00) DOLLARS to my '7 friend, ANN K. STURMS. 1 Q / r ...... L LAST WILL AND TESTAMENT OF RICHARD V. METZGAR 3 I give, devise and bequeath the rest, residue and remainder of my estate, together with all insurance proceeds thereon of whatever nature and wheresoever situate to my son, RICHARD V. ("SKIP") METZGAR, JR., of 886 Bower Road, Shermans Dale, Perry County, Pennsylvania, providing that he survives me by sixty (60) days. 4 Should my son, RICHARD V. ("SKIP") METZGAR, JR., predecease me or die on or before the sixtieth (60th) day following my death, then I give, devise and bequeath the rest, residue and remainder of my estate together with all insurance proceeds thereon of whatsoever nature and wheresoever situate in equal shares to my grandchildren, RICHARD V. METZGAR, III, MICHAEL G. METZGAR, NATHAN METZGAR, and SAMANTHA METZGAR, all of Shermans Dale, Perry County, Pennsylvania, who survive me by sixty (60) days per stirpes. It is further my desire that my personal representative, after consultation with any heir or heirs of mine who survive me, and in his, her or its own discretion, choose such articles from my tangible personal property (exclusive of cash, stock certificates, bonds, and all other tangible evidences of intangible personal property) as he, she or it believes will be useful to such heir or heirs or desirable for him or her or them to have, either from a sentimental point of view or otherwise, and to deliver such articles to such heir or heirs or among such heirs in equal or unequal shares as determined by the further exercise of his, her or its discretion, provided no other heir objects to the distribution. All tangible personal property not so distributed is to be sold, either publicly or privately, by my personal representative, adding the proceeds of such sale or sales to my residuary estate and to be disposed of in equal shares among my surviving heirs after payment of my estate debts, taking into account the tangible personal property otherwise provided to them. It is my specific intent not to bequeath anything to my estranged daughter, LINDA MARLEEN KESSINGER, of Shermans Dale, Perry County, Pennsylvania, as I have provided for her in other ways during my lifetime. 2 LAST WILL AND TESTAMENT OF RICHARD V. METZGAR 5 In the event that my son, RICHARD V. ("SKIP") METZGAR, JR., use does not survive me and it is necessary to appoint a Guardian of any property which passes to said grandchild as a result of my death, I nominate, constitute and appoint my son's wife, DARLENE METZGAR, of Shermans Dale, Perry County, Pennsylvania, as guardian of any property which passes to said grandchild due to my death. Said guardian shall have the power and authority in their discretion to apply income or principal to the support and education of said grandchildren, and to make payments for these purposes. I direct that no Guardian shall be required to give or post bond for the faithful performance of the Guardian's duties in this or any other jurisdiction. 6 Any devise or distribution under this Last Will and Testament which is payable to any beneficiary who may be under TWENTY -ONE (21) years of age or, in the judgment of my personal representative, mentally disabled, shall be held in a separate trust by my personal representative as trustee until such beneficiary reaches TWENTY-ONE (21) years of age during such period of disability. During the term of any trust created pursuant to this Paragraph, the Trustee is authorized to expend and apply so much of the net income and principal of each such trust as the Trustee shall consider advisable for the health, maintenance, support, and education (including college education, undergraduate and graduate) of each such beneficiary until he or she attains TWENTY-ONE (21) years of age, or until all such amounts are paid out of trust. I direct that no Guardian shall be required to give or post bond for the faithful performance of the Guardian's duties in this or any other jurisdiction. 7 I grant my personal representative the following powers in addition to and not in limitatio of such powers as my personal representative shall hold by law: 3 LAST WILL AND TESTAMENT OF RICHARD V. METZGAR (a) To retain all property received including the stock of any corporate fiduciary acting hereunder, provided such property remains productive. (b) To join in any corporation, partnership, recapitalization, merger, reorganization or voting trust plan; to delegate authority with respect thereto; to deposit investments under agreements and pay assessments; and generally to exercise all rights of investors, including but not limited to, the voting of shares. (c) To manage, operate, repair, improve, mortgage or lease on any terms any real estate held or owned by my estate. (d) To operate any business that I may own at my death. (e ) To invest any funds of my estate in any stocks, bonds, notes or other securities or property, real or personal, without regard to the principle of diversification or any other statute or general rule of law in his, her or its absolute discretion, it being my intention to give my personal representative the broadest investment powers possible, providing such investments do not unnecessarily prevent the prompt settlement of my estate. (f) To sell or otherwise dispose of any property, real or personal, tangible or intangible, at any time forming a part of my estate in any manner and on such terms and conditions as my personal representative shall see fit in his, her, or its absolute discretion. (g) To borrow money for the payment of taxes or for any other proper purposes in the administration of my estate, and to mortgage or pledge estate assets as security. To compromise claims without court approval including, but not limited to, any controversies with the United States of America or the Commonwealth of r ~ ~ (h) Pennsylvania concerning estate and inheritance taxes on any interests that may pass 4 under this my Last Will and Testament. (i) To distribute in cash or in kind upon any division or distribution of my estate. LAST WILL AND TESTAMENT OF RICHARD V. METZGAR (j) To undertake any and all acts deemed necessary and proper by my personal representative for the proper, advantageous and prompt management of the settlement of my estate. (k) In general, to exercise all powers in the management of my estate which any individual could exercise in the management of similar property owned in his own right, upon such terms and conditions as to him, her or it may seem best and to execute and deliver all instruments and to do all acts which he, she or it deems necessary or proper to carry out the purposes of this, my Last Will and Testament. 8 No interest of any beneficiary of my estate, either in income or in principal, shall be subject to anticipation or pledge, assignment, sale or transfer in any manner, nor shall any beneficiary have the power in any manner to charge or encumber his interest either in income or principal, nor shall the interest of any beneficiary be liable or subject in any manner while in the possession of my personal representative for the liability of such beneficiary. 9 ~ [? ~ --- /'. I nominate, constitute and appoint my son, RICHARD V. ("SKIP") METZGAR, JR., as Executor of this my Last Will and Testament. In the event my spouse is deceased, unable or unwilling to serve or shall cease to serve for any reason whatsoever, then I nominate, constitute and appoint my son's wife, DARLENE METZGAR, as personal representative of this my Last Will and Testament. I direct that my personal representative shall not be required to give or post bond for the faithful performance of his, her or its duties in this or any other jurisdiction. 5 LAST WILL AND TESTAMENT OF RICHARD V. METZGAR 10 I hereby declare it to be my expressed desire that my personal representative employ the law firm of Michael J. Hanft, Esquire, of Cumberland County, Pennsylvania, for legal advice and assistance regarding this my Last Will and Testament, they having considerable knowledge of my affairs, views and wishes respecting any matters that may arise at the probate of this instrument, the administration of my estate, and the execution of the powers herein mentioned. Any mention of Michael J. Hanft, Esquire in this my Last Will and Testament, is my free and voluntary act and through no influence by any person. IN WITNESS WHEREOF, I have hereunto set my hand to this my Last Will and Testament this '7711 day of J lttvoJ,4./l.Y , 2000. WITNESS: ;1AP-fJJ11f ~J'r /d.. ch.bA) ~~~~~ ~~~ Richard V. Metzgar 6 If I ~ 7 LAST WILL AND TESTAMENT OF RICHARD V. METZGAR ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. I, Richard V. Metzgar, the Testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament; that I signed it willingly, and that I signed it as my free and voluntary act for the purposes therein expressed. ~\~~\ ~ '~,,~ Richard V. Metzgar . ~ Sworn or affirmed and acknowledged before me by Richard V. Metzgar the Testator this LfI day of ;Jaf1,W)'1! ' 2000. Cffl7uocb1 ) 0J- Notarial Seal P bile Denise L Nye, Notary a~d county South Middleton Twp.. cl umoF:b 26 2001 My Commission Exp res . r pen_""anIaAsSOClatlonotNotanes Member, ,1<1," liJ ./ ~. ~ /. 7 I LAST WILL AND TESTAMENT OF RICHARD V. METZGAR AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. WE, All ,t tfA-Ft.- ~. f/.A-,./,....r,- and :l"./ t \ <! ~ < (r , the witnesses whose names are attached to the foregoing document, being duly qualified according to law, do depose and say that we were present and saw Richard V. Metzgar, the Testator sign and execute the instrument as his Last Will and Testament; that he signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testator signed the Last Will and Testament as witnesses and that to the best of our knowledge the Testator was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. 1Jt;~ft to.r ,.( <&;fdh ') I ' Sworn or affirmed and subscribed before me by ;1/11C-(-I-A-et-.:T- flA-"vp'l and #/h; Qj'. ~;'er this q[1f- dayof J~A^y ,2000. Notarial Seal Denise l. Nya, Notary Public South Middleton Twp,. Cumberland County My Commission Expires Feb. 26, 2001 Member. PennsytvaniaAssoclatfon of Notanes ~d)~ f) / r Y' L. FIUser Folder\Firm DocsIWill&Estate\1432_lrvm.will 8 - FlEY-1!SOOEX+(~) REV-1500 INHERITANCE TAX RETURN RESIDENT DECEDENT . . 'i "'~' :~ ~h' ~A, . "-:-;'...\., , ~4~'j~(,1'~' ,1f;tJ. \!.~I COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE DEPT. 280601 HARRISBURG, PA 17128.Q801 DECEDENrS NAME (LAST, FIRST, AND MIDDLE INITIAL) I- Z W Q W () W Q Metz ar Richard V. DATE OF DEATH (MM.Do-Year) DATE OF BIRTH (MM-DD-Year) 10/1712003 08/11/1913 (IF APPLICABLE) SURVIV1NG SPOUSE'S NAME (lAST, FIRST, AND MIDDLE INITiAl) w :c ",-0) u"'''' w[!;~ "''''''' U"1ll .. C [R] 1. Original Return o 4. Limned Estate lXle.DecedentDiedTestate (AllachcopydWiII) o 9. Litigation Proceeds Reoeived o 2. Supplemental Retum D 4a. Future Interest Compromise (date 01 death after 12-12-82) D 7. Decedent Maintained a Living Trust (A1lach copy 01 Trust) D 10. Spousal Poverty Credit(daIeddeatlbelween12-31-9151d1-1-951 OFFICIAL USE ONLY ,,/ FILE NUMBER 21-020506 ""'ffij""NTYcoor -YEAR- --NUi:iBeR-- SOCIAL SECURITY NUMBER 569-30-4753 THIS RETURN MUST BE FILED IN DUPUCATE WITH THE REGISTER OF WILLS SOCiAl SECURITY NUMBER D 3. Remainder Return (dale 01 dealh prior 10 12.13-82) D 5. Federal Estate Tax Return Required Q. 8. Total Number of Sale Depo~t Boxes D 11. Election to tax under Sec. 9113(A) (A"ach SchO) I- Z w Q Z o .. 0) w '" '" o u THIS SECTION MUST BE COMPLETlED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: NAME COMPLETE MAILING ADDRESS Nathan C. Wolf Es uire 64 SOUTH PITT STREET FIRM NAME (11 Ap~icabl.) IRWIN LAW OFFICE TELEPHONE NUMBER 717-243-6090 CARLISLE PA 17013 0.00 X _(15) 0.00 61,456.66 x .045 (16) 2,765.55 0.00 x .12 (17) 0.00 0.00 X .15 (18) 0.00 (19) 2,765.55 z o i= :S ;:) l- ii: <I: () w a:: 1. Real Estale (Schedule A) (1) 2. Stocks and Bonds (Schedule B) (2) 3. Close~ Held Corporation, Partnership or Sole.Proprietorship (3) 4. Mortgages & Notes ReceMlbIe (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 01 Decedenl, Mortgage Liabililies, & Liens (Schedule I) (10) 11. Totsl Deductions (Iotal Lines 9 & 10) 12. Net Value of Estate (line 8 minus line 11) 13. Charitable and Govemmental Bequests/See 9113 Trusts for wf1ich an election 10 tax has nol been made (Schedule J) 14. Net Vslue SUbject 10 Tax (Line 12 minus line 13) SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES z o S ;:) II.. :i! o () S 15. Amount of Line 14 taxable at the spousal tax rale, Of transfers under Sec. 9116 (a)(I.2) 16. Amount 01 Une 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. 0 CHECK HERE IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT > > BE SURE TO ANSWER ALL QUESTIONS ON REVERSE SIDE AND RECHECK MATH < < 0.00 0.00 0.00 0.00 13,052.20 OFFICIAL USE ONLY 61 ,456.66 0.00 (8) 74,508.86 11 ,226.74 849.33 (11) (12) (13) 12,076.07 62,432.79 0.00 (14) 62,432.79 REV-1503 EX + (6-98) 'W COMMONWEAl. TH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE B STOCKS & BONDS ESTATE OF Metzaar Richard V FILE NUMBER 21 02 All property jolnlly-owned with right of survivorship must be disclosed on Schedule F. 0506 ITEM NUMBER 1. DESCRIPTION VALUE AT DATE OF DEATH NONE 0.00 TOTAL (Also enter on line 2, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) 0.00 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 21 02 0506 MetzDar Richard V Schedule C.1 or C-2 (including all supporting information) must be attached for aach c1ose~-he~ oorporationlparlnership interest of the decedan~ othar than a soIe-proprietorship. See nstructions for the supporting information to be submitted for sole-proprietorships. ITEM NUMBER 1. DESCRIPTiON VALUE AT DATE OF DEATH NONE 0.00 TOTAL (Also enter on line 3, Recap"ulation) $ (If more space ~ needed, nsert additional sheets of the same size) 0.00 REV-1,507 EX + (l}98) * COMMONWEALTH OF PENNSYlVANIA INHERITANCE TAX RETURN RESIDENT OECEOENT SCHEDULE D MORTGAGES & NOTES RECEIVABLE ESTATE OF Metzaar Richard V FILE NUMBER 21 02 All property Jolnlly-owned with 1110 right of survivorship ...st be disclosed on Schedule F. 0506 ITEM NUMBER 1. DESCRIPTION VALUE AT DATE OF DEATH NONE 0.00 TOTAL (Also enter or line 4, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) 0.00 REV-1508 EX + (6-98) 'W SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY COMMONWEAlTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Metzaar Richard V FILE NUMBER 21 02 Include !he proceeds of Iffigation and the dale the proceeds were received by the estale. All properly jolntly-owned with right of survivorship must be disclosed on Schedule F. 0506 ITEM NUMBER 1. DESCRIPTION VALUE AT DATE OF DEATH 6,577.20 2 BANK OF LANDISBURG - CHECKING ACCOUNT #3704114 (DATE OF DEATH VALUE ESTABLISHED BY EXHIBIT B) MISCELLANEOUS PERSONAL PROPERTY & HOUSEHOLD GOODS 2,000.00 3 ESTIMATED 2003 FEDERAL TAX REFUND 3,600.00 4 1992 OLDSMOBILE CUTLASS CIERA (VALUE OBTAINED USING KELLEY BLUE BOOK - SEE EXHIBIT C) 875.00 TOTAL (Also enter on line 5, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) 13052.20 REV-1509 EX + (6-98) * COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE F JOINTL Y.OWNED PROPERTY ESTATE OF Metzaar Richard V FILE NUMBER 21 02 U an asset was made joint within one year oIlhe decedent's date 01 desth, I must be reported on Schedule G. 0506 SURVMNG JOINT TENANT(S) NAME ADDRESS RELATIONSHIP TO DECEDENT A. RICHARD V. METZGAR, JR 886 BOWER ROAD SHERMANS DALE PA 17090 SON B LINDA M. KESSINGER 876 BOWER ROAD SHERMANS DALE PA 17090 DAUGHTER c JOINTL Y-OWNED PROPERTY: lETTER DATE DESCRIPTION OF PROPERTY ",OF DATE OF DEATH ITEM FOR JOINT MADE INClUDE NAME OF ANANCIAL INSTITUTION AND BANK ACCOUNT NUMBER OR SIMILAR DATE OF DEATH DEWS VALUE OF NUMBER TENANT JOINT IDENTIFYING NUMBER. ATTACH DEED FOR JOINTL V-HELD REAL ESTATE. VALUE OF ASSET INTEREST DECEDENrSINTEREST 1. A.B 0211989 REAL PROPERTY LOCATED AT: 134,000.00 33.33 44,662.20 800 BOWER ROAD SHERMANS DALE, PA 17090 VALUE FROM APPRAISAL REPORT - EXHIBITl> 2 A 11/1989 BANK OF LANDISBURG 33,588.92 50. 16,794.46 CERTIFICATE OF DEPOSIT NO 700005235 DATE OF DEATH VALUE FROM EXHIBIT B * For Item Number 1 . , Deed is attached as: EXHIBIT IF' . TOTAL (Also enter on line 6, Recapitulation) $ 61 456.66 (" more space is needed, insert additional sheets of the same size) REV-1510 EX + (6-98) '. COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Metzaar. Richard V. SCHEDULE G INTER-VIVOS TRANSFERS & MISC. NON-PROBATE PROPERTY FILE NUMBER 21 02 0506 This schedule must be completed and filed IT 1I1e answer to any of questions 1111roug. 4 on 1I1e reverse side of 1I1e REV.1500 COVER SHEET is yes. DESCRIPTION OF PROPERTY ITEM IloICLUDE THE rtWE OF TI-ETFlANSFEREE, THEIR RELATIOfrISHIP TO DEGEDEHT AND DATE OF DEATH % OF DECD'S EXCLUSION TAXABLE NUMBER THE DATE OFTAANSFER. ATT-'CH A COPY OF THE CEED FOR REAl ESTATE. VALUE OF ASSET INTEREST (IFAPPUCABLEI VALUE 1. NONE 0.00 0.00 TOTAL (Also erter 011 line 7 Recapitulation) $ 0.00 (" more space is needed, insert ad(frlional sheets of lI1e same size) REV-1511 EX + (12-99) 'W COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Metzaar Richard V. SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS Debts of decedent must be reported on Schedule I. FILE NUMBER 21 02 0506 ITEM NUMBER DESCRIPTION AMOUNT A. FUNERAL EXPENSES: 1- Roth Funeral Home 391.21 B. ADMINISTRATIVE COSTS: 1- Personal Representative's Commissions Name 01 Personal Representative (s) Richard V. MetzQar, Jr. 5,000.00 Soc",1 Security Number(s)/EIN Number 01 Personal Representalive(s) Street Address 886 Bower Road City Shermans Dale State PA Zip 17090 Yea~s) Commissioo Paid: 2004 2. Attomel Fees IRWIN LAW OFFICE 5,000.00 3. Fami~ Exemptioo: (II decedenfs address is not the same as daimanfs, attach explanatioo) Claimant Street Address City Slate Zip Relatiooship 01 Claimant to Decedent 4. Probate Fees Register of Wils of Cumberland County - Pelition for Probate 255.00 and Shorl Certficates 5. Accountanrs Fees Robert W. Morris & Co., P.C. 125.00 6. Tax Return Preparer's Fees 7. Advertising Costs - Cumberland Law Journal 75.00 8 Advertising Costs - The Sentinel - Legal Notices 105.53 9 Appraisal Costs - Diversified Appraisal Services 250.00 10 Register of Wills - Filing Fees - Inheritance Tax Return and Inventory 25.00 TOTAL (Also enter on line 9, Recapitulation) $ 11 226.74 (II more space is needlad, insert additional sheelsol the same size) REV-1512 EX + (6-98) . , * SCHEDULE. DEBTS OF DECEDENT, MORTGAGE LIABILITIES & LIENS COMMONWEAlTH OF PENNSYLVANIA INHERITANCE TAX RETLRN RESIDENT DECEDENT ESTATE OF Metzoar Richard V. FILE NUMBER 21 02 0506 Include unrelmbursed medical expenses. ITEM NUMBER DESCRIPTION 1. Telephone Bill - Sprint VALUE AT DATE OF DEATH 14.67 2 PPL Utilities - Final Bill 21.01 3 Gerald Foster - Scrap Removal 345.00 4 WSI - Trash Hauling - Dumpster Fee 468.65 TOTAL (Also enter on line 10, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) 849.33 REV.,S:3EX.I* OOMMONW~THOFPENNSYLVAN~ INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF SCHEDULE J BENEFICIARIES FILE NUMBER ?1 O? O'iOR RELATIONSHIP TO DECEDENT AMOUNT OR SHARE NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE I. TAXABLE DISTRIBUTIONS [indude o~ht ~usal distributions, and transfers under Sec. 9116 (a (1 )) ,. ANN K. STURMS FRIEND 25,000.00 21 HOMEWOOD DRIVE DILLSBURG, PA 17019 (SEE LETTER OF EXPLANATION - EXHIBIT E) 2 RICHARD V. METZGAR, JR SON 100% Residual 886 BOWER ROAD SHERMANSDALE, PA 17090 ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE, ON REV.1500 COVER SHEET II. NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAXIS NOT BEING MADE 1. None 0.00 B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS ,. None 0.00 TOTAL OF PART 11- ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-I500 COVER SHEET $ 0.00 (If more space is needed, insert additional sheefs of the same size) LAST WILL AND TESTAMENT OF RICHARD V. METZGAR I, RICHARD V. METZGAR, of 800 Bower Road, Shermans Dale, Perry County, Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this to be my Last Will and Testament, hereby revoking and making void all previous Wills and Codicils heretofore made by me. I I order and direct my personal representative hereinafter named to pay all of my just debts, funeral expenses and expenses involved or connected with the administration of my estate as soon after my death as is reasonably possible. However, my personal representative need not accelerate and pay those unmatured obligations which, in his, her or its opinion, it might be proper and more advantageous to retain or renew and pay as they become due and payable. If! do not own a burial plot or a grave marker at the time of my death, I authorize my personal representative, in his, her or its sole discretion, to purchase a burial plot and to erect a suitable grave marker at my grave, and to expend sums from my estate for this purpose. Q ../ r L 2 I give, devise and bequeath the following property with all insurance proceeds thereon as follows: a. I give the sum of TWENTY-FIVE THOUSAND ($25,000.00) DOLLARS to my friend, ANN K. STURMS. 1 LAST WILL AND TESTAMENT OF RICHARD V. METZGAR 3 I give, devise and bequeath the rest, residue and remainder of my estate, together with all insurance proceeds thereon of whatever nature and wheresoever situate to my son, RICHARD V. ("SKIP") METZGAR, JR., of 886 Bower Road, Shermans Dale, Perry County, Pennsylvania, providing that he survives me by sixty (60) days. 4 Should my son, RICHARD V. ("SKIP") METZGAR, JR., predecease me or die on or before the sixtieth (60th) day following my death, then I give, devise and bequeath the rest, residue and remainder of my estate together with all insurance proceeds thereon of whatsoever nature and wheresoever situate in equal shares to my grandchildren, RICHARD V. METZGAR, III, MICHAEL G. METZGAR. NATHAN METZGAR, and SAMANTHA METZGAR, all of Shermans Dale, Perry County, Pennsylvania, who survive me by sixty (60) days per stirpes. It is further my desire that my personal representative, after consultation with any heir or heirs of mine who survive me, and in his, her or its own discretion, choose such articles from my tangible personal property (exclusive of cash, stock certificates, bonds, and all other tangible evidences of intangible personal property) as he, she or it believes will be useful to such heir or heirs or desirable for him or her or them to have, either from a sentimental point of view or otherwise, and to deliver such articles to such heir or heirs or among such heirs in equal or unequal shares as determined by the further exercise of his, her or its discretion, provided no other heir objects to the distribution. All tangible personal property not so distributed is to be sold, either publicly or privately, by my personal representative, adding the proceeds of such sale or sales to my residuary estate and to be disposed of in equal shares among my surviving heirs after payment of my estate debts, taking into account the tangible personal property otherwise provided to them. It is my specific intent not to bequeath anything to my estranged daughter, LINDA MARLEEN KESSINGER, of Shermans Dale, Perry County. Pennsylvania. as I have provided for her in other ways during my lifetime. 2 t LAST WILL AND TESTAMENT OF RICHARD V. METZGAR 5 In the event that my son, RICHARD V. ("SKIP") METZGAR, JR., use does not survive me and it is necessary to appoint a Guardian of any property which passes to said grandchild as a result of my death, I nominate, constitute and appoint my son's wife, DARLENE METZGAR, of Shermans Dale, Perry County, Pennsylvania, as guardian of any property which passes to said grandchild due to my death. Said guardian shall have the power and authority in their discretion to apply income or principal to the support and education of said grandchildren, and to make payments for these purposes. I direct that no Guardian shall be required to give or post bond for the faithful performance of the Guardian's duties in this or any other jurisdiction. 6 Any devise or distribution under this Last Will and Testament which is payable to any beneficiary who may be under TWENTY-ONE (21) years of age or, in the judgment of my personal representative, mentally disabled, shall be held in a separate trust by my personal representative as trustee until such beneficiary reaches TWENTY-ONE (21) years of age during such period of disability. During the term of any trust created pursuant to this Paragraph, the Trustee is authorized to expend and apply so much of the net income and principal of each such trust as the Trustee shall consider advisable for the health, maintenance, support, and education (including college education, undergraduate and graduate) of each such beneficiary until he or she attains TWENTY-ONE (21) years of age, or until all such amounts are paid out of trust. I direct that no Guardian shall be required to give or post bond for the faithful performance of the Guardian's duties in this or any other jurisdiction. ;/' ~ 7 7 I grant my personal representative the following powers in addition to and not in limitatio of such powers as my personal representative shall hold by law: 3 LAST WILL AND TESTAMENT OF RICHARD V. METZGAR (a) To retain all property received including the stock of any corporate fiduciary acting hereunder, provided such property remains productive. (b) To join in any corporation, partnership, recapitalization, merger, reorganization or voting trust plan; to delegate authority with respect thereto; to deposit investments under agreements and pay assessments; and generally to exercise all rights of investors, including but not limited to, the voting of shares. (c) To manage, operate, repair, improve, mortgage or lease on any terms any real estate held or owned by my estate. (d) To operate any business that I may own at my death. (e) To invest any funds of my estate in any stocks, bonds, notes or other securities or property, real or personal, without regard to the principle of diversification or any other statute or general rule oflaw in his, her or its absolute discretion, it being my intention to give my personal representative the broadest investment powers possible. providing such investments do not unnecessarily prevent the prompt settlement of my estate. (f) To sell or otherwise dispose of any property, real or personal, tangible or intangible, at any time forming a part of my estate in any manner and on such terms and conditions as my personal representative shall see fit in his, her, or its absolute discretion. (g) To borrow money for the payment of taxes or for any other proper purposes in the administration of my estate, and to mortgage or pledge estate assets as security. (h) To compromise claims without court approval including, but not limited to, any controversies with the United States of America or the Commonwealth of L. Pennsylvania concerning estate and inheritance taxes on any interests that may pass under this my Last Will and Testament. (i) To distribute in cash or in kind upon any division or distribution of my estate. 4 LAST WILL AND TESTAMENT OF RICHARD V. METZGAR (j) To undertake any and all acts deemed necessary and proper by my personal representative for the proper, advantageous and prompt management of the settlement of my estate. (k) In general, to exercise all powers in the management of my estate which any individual could exercise in the management of similar property owned in his own right, upon such terms and conditions as to him, her or it may seem best and to execute and deliver all instruments and to do all acts which he, she or it deems necessary or proper to carry out the purposes of this, my Last Will and Testament. 8 No interest of any beneficiary of my estate, either in income or in principal, shall be subject to anticipation or pledge, assignment, sale or transfer in any manner, nor shall any beneficiary have the power in any manner to charge or encumber his interest either in income or principal, nor shall the interest of any beneficiary be liable or subject in any manner while in the possession of my personal representative for the liability of such beneficiary. 9 I nominate, constitute and appoint my son, RICHARD V. ("SKIP") METZGAR, JR., as Executor of this my Last Will and Testament. In the event my spouse is deceased, unable or unwilling to serve or shall cease to serve for any reason whatsoever, then I nominate, constitute and appoint my son's wife, DARLENE METZGAR, as personal representative of this my Last Will and Testament. I direct that my personal representative shall not be required to give or post bond for the faithful performance of his, her or its duties in this or any other jurisdiction. 5 @ ~ ~ .",. ~ LAST WILL AND TESTAMENT OF RICHARD V. METZGAR IO I hereby declare it to be my expressed desire that my personal representative employ the law firm of Michael J. Hanft, Esquire, of Cumberland County, Pennsylvania, for legal advice and assistance regarding this my Last Will and Testament, they having considerable knowledge of my affairs, views and wishes respecting any matters that may arise at the probate of this instrument, the administration of my estate, and the execution of the powers herein mentioned. Any mention of Michael J. Hanft, Esquire in this my Last Will and Testament, is my free and voluntary act and through no influence by any person. IN WITNESS WHEREOF, I have hereunto set my hand to this my Last Will and Testament this ~Jl" day of J A7v"A-/l.y , 2000. WITNESS: ~7t1fl fu-r /~. ~hA) ~~~""~ \~~ Richard V. Metzgar 7 6 LAST WILL AND TESTAMENT OF RICHARD V. METZGAR ACKNOWLEDGMENT COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND SS. I, Ricbard V. Metzgar, the Testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament; that I signed it willingly, and that I signed it as my free and voluntary act for the purposes therein expressed. ~,~~ ~ ,~,,\1\ 'cbard V. etzgar ~ Sworn or affirmed and acknowledged before me by Ricbard V. Metzgar the Testator this LfP1 day of .:Jaf1,uo'1j ,2000. CfbJurx.b1 Notarial Seal Denise L. Nye. ~O~~~~~unty ~==~'tPI~8 FeD 26.2001 Y otNQ\a1188 Mernl>8I. penOS'/lVanla p.ssoc\aIlOO 7 )lfr- fJ / Y ~ /- ~. . LAST WILL AND TESTAMENT OF RICHARD V. METZGAR AFFlDA VIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. WE, Mlt.(f~t- :T. ~~ and 1~jt ~'? '2a<.tl'"" ,the witnesses whose names are attached to the foregoing document, being duly qualified according to law, do depose and say that we were present and saw Richard V. Metzgar, the Testator sign and execute the instrument as his Last Will and Testament; that he signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testator signed the Last Will and Testament as witnesses and that to the best of our knowledge the Testator was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. l;[j~i!E tn_I'"" A c&,1~h ') , , Sworn or affirmed and subscribed before me by t'f/l1(..{+A-e'L.:T- itA-NFl and .;fIlL; ~. Ch.: hr this ~Ttr day of J Ifyv"v l4^y ,2000. ~d)~ Notarial Seal Denise L. Nye. Notary Public South Middleton iwp.. Cumberl8nd Counly My Commission Expire. Feb. 26. 2001 ~, PennsylvaniaAsSOCia1lonofNotaries f ',C$tt folder'Firrn Doc$\Wil\&E~talel\.I3:-1,""m,win 8 @, ,/ r E:/ L -. .(, -" - Date of Death Balances for. 370-411-4 700005235 llil 39\1d 6,571.20 33,457.84 131.08 3OI~3D as:9~SIaN~' METZGAR. RICHARD SR. 10/17/2003 Balance Balance Accrued lnst S 6,5'17.10 S 33,588.91 tliltLl8SL1L 11:E1 vlillilZ/91/11i1 Kelley Blue Book Used Car Values Page I of2 I ~~S~DU~,!:J New Car Pricing Build. Car Incentives Qua lity Ratings Ownership Cost :~~:::~l Free Price Quote Buy II Used Car Sell Your Car M~des Fil\llndng Insurance Lemon Check Warranties Car Reviews Car Previews Decision Guides I Ad"'lice F..... Newsletter About kbb HOme, Shop over 50 models from 7 great brands Body Style Zip Gode ~ ~ '\b.Ie"_~cb:iic&YourWl)l 9rnbulJpCt~I>;:r.c('r't'l Blue Book MIRm WITCI_ Enter email address s Blue Book Private Party Report Pennsylvania' November 4, 2003 1992 Oldsmobile Ciera S Sedan 40 ~. , tt-tf,' ~ ,~ -- . .- Buy a New Car Buv a Used Car List Your Car For Sale Online Free Lemon Check Auto Loans from 3.59% APR Insurance Quote Warranty Quote Print "For Sale" Sign Payment Calculator Sell vour car on eBav Motors Engine: V6 3.3 Liter Trans: Automatic Drive: Front Wheel Drive Mileage: 139,000 Equipment Air Conditioning Power Steering Power Windows Power Door Locks Tilt Wheel Cruise Control AM/FM Stereo Cassette ABS (4-Wheel) Power Seat Consumer Rated Condition: Fair "Fair" condition means that the vehicle probably has some mechanical or cosmetic defects, but is still in safe running condition. The paint, body and/or interior need work to be performed by a professional in order to be sold. The tires need to be replaced. There may be some repairable rust damage. The value of cars in this category may vary widely. A clean title historY is assumed. Even after significant reconditioning this vehicle may not qualify for the Blue Book Suggested Retail value. Private Party Value $875 Private Party value represents what you might expect to pay for a used car when purchasing from a private party. It may also represent the value you might expect to receive when selling your own used car to another private pa rty. Gel the I.test Blue Book 1iI.rl<el W.l<:1l Get a Used Car Trade-In Value Get Invoice & MSRP on New Cars Get a Person to Person Auto Loan f )IIl.U:~E SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS LOCATION: 800 Bowers Road Shermansdale, Pennsylvania TAX PARCEL NUMBER: 040,164.12-008.000 IMPROVEMENTS: One-story detached single-family dwelling. PROPERTY RIGHTS: Fee simple interest. OWNERSHIP HISTORY: The subject property is owned by Richard V. Metzgar and Richard V. Metzgar, Jr. Title transferred on February 28, 2000 for a reported consideration of $1.00 and ownership transferred on Deed Book 1251, Page 232. SCOPE OF THE ASSIGNMENT: The scope of the assignment included an analysis of the subject's area, an inspection of the subject property, an estimation of the property's highest and best use, consideration of all three approaches to value, and the application of those relevant to the valuation of the subject. OBJECTIVE: To estimate the market value of the subject property as unencumbered. EFFECTIVE DATE: October 17,2003. HIGHEST AND BEST USE: Continued use as a single-family residence. This property is currently enrolled in the "Clean and Green" program. COST APPROACH: NA SALES APPROACH: $134,000 INCOME APPROACH: NA FINAL VALUE CONCLUSION: $134,000 2 I I I I J I I. I ] ] 1 I 1 ] ] I I I I APPRAISAL CERTIFICATION I hereby certify that upon application for valuation by: THE ESTATE OF RICHARD V. METZGAR the undersigned personally inspected the following described property: All that certain pieces or parcels ofland, with the improvements thereon erected, situate in Carroll Township, Peny County, Pennsylvania, being known and designated as Lot 1 and Lot 2 on the subdivision plan for Richard V. Metzgar as recorded in Perry County Plan Book 18, Page 10, in which they are fully bounded and described as follows: TRACT NO. 1: Beginning at an iron pin at a corner of Lot 2 in the aforesaid subdivision plan, said iron pin also being in line of land now or formerly of Earl Stuckey; thence south 74 degrees 45 minutes 38 seconds east 1,004.12 feet along land now or formerly of Earl Stuckey and along land now or formerly of Charles Stuckey to an iron pin; thence north 06 degrees 37 minutes 12 seconds east 129.94 feet along land now or formerly of Charles Stuckey to a spike within Township Road T-30S; thence south 49 degrees 36 minutes 52 seconds east 186.00 feet along a line within Township Road T -305 to a spike at comer ofland now or formerly of Charles E. Shenk; thence south 18 degrees 3S minutes 36 seconds west 49.53 feet along land now or formerly of Charles E. Shenk to a 36 inch oak; thence south 08 degrees 07 minutes 28 seconds east 942.74 feet along same and along land now or formerly of 1. Wayne Kitzmiller to stones and stump at comer of land now or formerly of George D. Kerr; thence north 81 degrees 02 minutes 19 seconds west 1,450.94 feet along land now or formerly of George D. Kerr to stones at a comer of Lot 2 in the aforesaid subdivision plan; thence north 10 degrees 40 minutes 33 seconds east 1,027.36 feet along Lot 2 in the aforesaid subdivision plan to an iron pin in line of land now or formerly of Earl Stuckey, the point or place of beginning. Containing 28.841 acres. TRACT NO.2: Beginning at an iron pin at a comer of Lot 1 described above, said iron pin also being in line ofland now or formerly of Earl Stuckey; thence south 10 degrees 40 minutes 33 seconds west 1,027.36 feet along Lot 1 described above to stones at comer ofland now or formerly of Richard 1. Fortney; thence north 82 degrees 31 minutes 06 seconds west 264.29 feet along land now or formerly of Richard 1. Fortney to an iron pin at a comer of Lot 3 in the aforesaid subdivision plan; thence north 10 degrees 40 minutes 33 seconds east 1,040.08 feet along Lot 3 in the aforesaid subdivision plan to a nail within Township Road T-305; thence north 87 degrees 47 minutes 32 seconds east 76.69 feet along a line within said road to a nail; thence south 74 degrees 45 minutes 38 seconds east 189.72 feet along said Township Road T- 305 and along land now or formerly of Earl Stuckey to an iron pin, the point or place of beginning. Containing 6.312 acres. 3 I I I I I I I I I I I I I 1 I I I ~ To the best of my knowledge and belief the statements contained in this report are true and correct, and that neither the employment to make this appraisal nor the compensation is contingent upon the value reported, and that in my opinion the Market Value as of October 17, 2003 is: ONE HUNDRED TIIIRTY-FOUR rnOUSAND DOLLARS $134,000 The property was appraised as a whole, subject to the contingent and limiting conditions outlined herein. p{~ Larry E. Foote Certified General Appraiser GA-000014-L 4 , , I I I I I I I J I I I ] , I I I I . PURPOSE OF THE APPRAISAL The purpose of this appraisal is to estimate the Market Value of the subject property as of October 17,2003. Market Value, as defined by the courts, is the most probable price estimated in terms of money which a property will bring if exposed for sale in the open market, allowing a reasonable time finding a purchaser who buys with knowledge of all the uses to which it is adapted and for which it is capable of being used. Frequently, it is referred to as the price at which a willing seller would sell and a willing buyer would buy, neither being under abnormal pressure. mGIIEST AND BEST USE Highest and Best Use is defined by the Appraisal Terminology and Handbook, published by the Appraisal Institute, as "the most profitable likely use to which a property can be put". The opinion of such use may be based on the highest and most profitable continuous use to which the property is adapted and needed, or likely to be in demand, in the reasonable near future. However, elements affecting value that depend upon events or a combination of occurrences which, while within the realm of possibility, are not fairly shown to be reasonably probable, should be excluded from consideration. Also, if the intended use is dependent on an uncertain act of another person, the intention cannot be considered. Based on the above definition and after seeing the site, neighborhood, and area, it is my opinion that use of the subject as a single-family residence is its Highest and Best Use. This property is currently enrolled in the "Clean and Green" program. 5 . HAROLD S. IRWIN, III NATHAN C. WOLF IRWIN LAW OFFICE 64 SOUTH PITT STREET CARLISLE, PENNSYLVANIA 17013 RHONDA S. IRWIN ROBERT D. STAMBAUGH KERI L. LEIPOLD PARALEGAlS www.irwinlawoffice.com e-mail: irwinlaW@earthlink.net 717-243-6090 PHONE 717-243-9200 FACSIMILE January 16, 2004 Commonwealth of Pennsylvania Department of Revenue Department 280601 Harrisburg, PA 17128-0601 Re: Estate of Richard V. Metzgar, deceased Estate No: 21-02-0508 Dear Sir or Madam: This letter is authored as an explanation to accompany Schedule J of the Inheritance Tax Return being filed in the above-referenced estate, On Schedule J you will find listed a specific bequest of $25,000,00 to Ann K, Sturms, a friend of the decedent. The reason for this explanatory statement is that once an inventory of the estate was performed, it was determined that there were insufficient funds available in the estate, after payment of costs, debts and taxes, to fulfill this specific bequest. Importantly, please be aware that this is due in large part to the fact that the decedent's real property and a certificate of deposit, which comprised most of the estate's value, was jointly owned, and therefore not subject to distribution under the will. Proof of which can be found on Schedule F of the Inheritance Tax Return. It is my hope that you will find this to be a sufficient explanation and justification for the inheritance tax amounts we have submitted along with the return, However, should there be questions or concerns, please do not hesitate to contact me, Very~uly yours, ,,; "/ / 7 /:?1~~ Nath;:t. Wolf cc: Richard V, Metzgar, Jr, (Executor) .../ Brian C, Linsenbach {Counsel for Ms. sturm~// ~ . ~ ,{'}A ? HiinrJ ...n. 1nC: fridiina:-PL .-.... .-. - --- -- l;;J 11AI{ ~ I.' II' 1'"'- ~bi~ llttb, in tMvea1' MADE THE 1st day of February of our Lord one tkouaaM"'''' hunrLrerL eighty-nine (1989) BETJVEE~ RICHARD V. METZGAR, a/k/a R. V. METZGAR, single man, of Carroll Town- ship, Perry County. Pennsylvania Grantor OM RICHARD V. METZGAR, LINDA M. METZGAR and RICHARD V. METZGAR, JR., all of Carroll Township, Perry County, Pennsylvania. as joint tenants with right of survivorship, Grantees: WIT~ESSETH, that in ronsiderotion of One and 00/100 ($1.00)----------------------- ______________________________________________________--------------------~Uar~ in haM poid, the receipt whereof is hereby aclmowlerLged, the eoid grantor do es hereby grant and contlev to the NUl grantee s, their heirs and assigns. as joint tenants with right of survivorship, ALL those two certain tracts of land situate in Carroll Township. Perry County, Pennsylvania, being known and designated as Lot 1 and Lot 2 on the subdivision plan for Richard V. Metzgar as recorded in Perry County Plan Book 18. Page 10. in which they are more fully bounded and described as follows, to wit: LOT 1: BEGINNING at an iron pin at a corner of Lot 2 in the aforesaid subdivision plan, said iron pin $lso being in line of land now or formerly of Ea~l Stuckey; thenc.e south 74 dC3H~es 45 mit:.utes 38 sccones east 1,OOl~.12 feet along land now or formerly of Earl Stuckey and along land now or formerly of Charles Stuckey to an iron pin; thence north 06 degrees 37 minutes 12 seconds east 129.94 feet along land now or forme~ly of Charles Stuckey to a spike within Township Road T-J05; thence south 49 degrees 36 minutes 52 seconds east 186.00 feet along a line within Township Road T-305 to a spike at corne~ of land now or formerly of Charles E. Shenk; thence south 18 degrees 35 minutes 36 seconds west 49.53 feet along land now or formerly of Charles E. Shenk to a 36 inch oak; thence south 08 degrees 07 minutes 28 seconds east 942.74 feet along same and along land now or formerly of L. Wayne Kitzmiller to stones and stump at corner of land now or formerly of George D. Kerr; thence north 81 degrees 02 minutes 19 seconds west 1450.94 feet along land now or formerly of George D. Kerr to stones at a corner of Lot 2 in the aforesaid subdivision plan; thence north 10 degrees 40 minutes 33 seconds east 1027.36 feet along Lot 2 in the aforesaid subdivision plan to an iron pin in line of land now or formerly of Earl Stuckey, the point or place of BEGINNING. Containing 28.841 acres. BEING part of the premises described in deed of Theodore R. Jones and Della H. Jones, his wife, dated July 28, 1956. and recorded in Perry County Deed Book 152, Page 615t to R. V. Metzgar and Betty J. Metzgar, his wife. And being all the premises described in deed of Earl O. Stuckey and Alice P. Stuckey. his wife. dated August 7, 1956, and recorded in Perry County Deed Book 153, Page 471. to Richard V. Metzgar and Betty Jane Metzgar, his wife. The said Betty Jane Metzgar died May 2B, 19B8, tbereby vesting full title to the within described premises to the surviving tenant by the entirety, Richa~d V. Metzgar, a/k/a R. V. Metzgar, Grantor herein. LOT 2: BEGINNING at an iron pin at a corner of Lot 1 conveyed hereinbefore, said iron pin also being in lin~ of land now or formerly of Earl Stuckey; thence south 10 degrees 40 minutes 33 seconds west 1027.36 feet along Lot 1 conveyed herein- before to stones at corner of land now or formerly of Richard L. Fortney; thence north 82 degrees 31 minuten 06 seconds west 264.29 feet along land now or formerly of Richa~d L. Fortney to an iron pin at a corner of Lot 3 in the aforesaid subdivi- sion plan; thence north 10 degrees 40 minutes 33 seconds east 1040.08 feet along !OQf05i>.4 Pl;E 021 6'.:lj.. ~I . Lot 3 in the aforesaid subdivision plan to a nail within Township Road T-305; thence north 87 degrees 47 minutes 32 seconds east 76.69 feet along a line within said road to a nail; thence south 74 degrees 45 minutes 38 seconds east 189.72 feet along said Township Road T-305 and along land now or formerly of Earl Stuckey to an iron pin, the point or place of BEGINNING. Containing 6.312 acres. BEING part of the premises described in deed of Theodore R. Jones and Della H. Jones, his wife, dated July 28, 1956, and recorded in Perry County Deed Book 152, Page 615, to R. V. Metzgar and Betty J. Metzgar, his wife. The said Betty J. Metzgar died May 28, 1988, thereby vesting full title to the within described premises to the surviving tenant by the entirety. R. V. Metzgar, Grantor herein. This 1s a conveyance from par~nt to pRrent and childr~n Rnd not subject to real estate transfer tax. Bao,05~4pl\E022 -~ . And the sa.id,. grantor ,.;u warrant hereby c:ovenatlt s and agree s that he specially the property hereby conveyed. IN WITNESS WHEREOF, said flront01" the da1l and 1Iear first above written. State of PENNSYLVANIA County of PERRY On this, the Is t /U1.s hereunto set his Mnd and seal ~~'-~~\:;~dm.e _._................_....d................................................e ~~~~.......m....dm ~ ~~ da1l of }ss. J 1989 , before me, February the undersigned officer, persO'1Ullly appeared Richard V. Metzgar, a/k/a R. V. Metzgar known to me (01" satisfactoril1l proven) to be the person within inatrument. and acknowledged that he contained. IN WITNESS WIIEREOF'EALI Ilereunto set my ~nd..~~~s~:.............._...dm....~i) NOTAAl.AtS ~~ EUZABEIH P. QUIGlEY, NOTAIlY PUBllC Ill.OOMFIELO BOAO, PERRY CO\JNTY My cow.~-A'$$~ EXPIRES MAY 2. 1992 ~Imblr, Pennaylvlr.ia Assodalion 01 Nolari911 State of Count1l of On tills, the tile undersigned o{fiur, personall1l appeared whQse name is subscribed to the executed same for the purposes therein Title of Officer. da1l of }ss. ,19 , before me, known to me (01" satisfactoril1l proven) to be tile person witllin instromenf, and acknowledged tlla! contained. IN WITNESS WHEREOF, I hereunto set my Mnd and official seal. whose flame BUb8cribed to the executed aame fOT the purposes therein .............__...................d........................................d.. r!IfID ._._____hh____.....______.__...____.......______.._..._________A Title of Officer. I do "'reby 'urtif1l tMt the precise reeidence and complete post office ad4ress of the within named grantee..is It.D. '#1, Box 1038, Sftermans Dale, PA 17090 STATE OF PENm&AtM 1989 County of Perry Recorded this fM day of tYla.ch 19 &'1 In the Recordefs Office In And For The S,ld County In Record Book SOl<J Page .:V r;IVl?01 Under My Hand And SeiY The Date Above Wrj~t;~ _ J.... 1<.."-'1~ ,ff ~ A --...--..~----.---......_-----.-------- 100,0524 PAGE 023 J. . .. --'8p.'ooaa ,---------..--.--.----- -..an!"'" .Mqn '1"P .~ '..ifJo ~n. "'II '0 pm "'II pun purI1/ II... "9P"n U94Y.) --..----..-- 9/JrJrI 1_._.......__..._ .,oA ~001I P..O u, '1I1"noD ~. .VI '0 ."!Do ....op.<o..H .VI u! '.-..-6l '0 'V ___..._._.._._h..._..... '0 IInp __.._h._____.____ "'VI UO 03.aHOD3.H ...{ .-.-------.-- '0 III"nDD YINY A7XS~N3.d gO H.L7V3.MNOPlWOa '-<~'" ~~ '" H . "0 "0 N~ N~ '" Z :0 N tn ~ ~ or 0 " '" r- ~ ~ ~, rn :>- N ~ . <: <: " '" ::< :>- " . . ~. j' "- 0 > "" f'o :::; .". ~ 0> "'~ g@ )if , " ~ tT1 ~ " ::c '"' ii H" '""" :>! -, " ON ~ 0. '" " l..-'-'. ~; ::c ~~ . j; " 00 g:: ,~ :-0 > " . '" N 0 " . g, ... " ....C,I ~ KJ Z <:r-< . .... :>- H - .... C ...., @~ "" '" ~ - .., C5 -< ,,> . 0 '" r- NX '" 00 tn "'. 0< i:i <: .':'>.: 1 .. _'-..' :J -1':" U .1'] ~)" '.I :'~, _,_,-_J. ., -- BEFORE THE REGISTER OF WILLIS OF CUMBERLAND COUNTY ORPHAN'S COURT DIVISION INVENTORY Estate of RICHARD V. METZGAR , Deceased No. 21 02 0506 Date of Death 10/17/2003 Social Security No. 569-30-4753 also known as Personal Representative(s) of the above Estate, deceased, verify that the items appearing in the following inventory include all of the personal assets wherever situate and aU of the real estate in the Commonwealth of Pennsylvania of said Decedent, that the valuation placed opposite each item of said inventory represents its fair value as of the date of the Decedent's death, and that Decedent awned no rear estate outside the Commonwealth of Pennsylvania except that which appears in a memorandum at the end of this inventory. I/We verify that the statements made in this inventory are true and correct. ilWe understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Name of Attomey: NATHAN C. WOLF, ESQUIRE 1.0. No.: 87380 Address: 64 SOUTH PITT STREET Personal Representative: RICHARD V. METZGAR, JR. 886 BOWER ROAD, SHERMANSDALE PA Dated 1/16/2004 Telephone: 717-243-6090 CARLISLE PA 17013 Description CHECKING ACCOUNT NO. 3704114 - BANK OF LANDISBURG DATE OF DEATH VALUE Value 6,577.20 MISCELLANEOUS PERSONAL PROPERTY & HOUSEHOLD ITEMS 2,000.00 ESTIMATED 2003 FEDERAL TAX REFUND 3,600.00 1/3 INTEREST IN REAL PROPERTY LOCATED AT 800 BOWER ROAD, SHERMANS DALE, PA 17090 44,662.20 1/2 INTEREST IN CERTIFICATE OF DEPOSIT #700005235 BANK OF LANDISBURG DATE OF DEATH VALUE 1992 OLDSMOBILE CUTLASS CIERA KELLEY BLUE BOOK VALUE 16,794.46 875.00 (Attach Additional Sheets if necessary) Total 74,508.86 NOTE: The Memorandum of real estate outside the Commonweaith of Pennsylvania may, at the election of the personal representative, include the value of each item, but such figures should not be extended into the total of the Inventory. RW-4 . COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG, PA 17128-0601 REV-1162 EX(11.96) RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT NO. CD 003451 WOLF NATHAN C, ESQ. 64 SOUTH PITT STREET CARLISLE, PA 17013 _n___u fold ACN ASSESSMENT CONTROL NUMBER AMOUNT EST A TE INFORMATION: SSN: 569-30-4753 FILE NUMBER: 2102-0506 DECEDENT NAME: METZGAR RICHARD V DATE OF PAYMENT: 01/16/2004 POSTMARK DATE: 00/00/0000 COUNTY: CUMBERLAND DATE OF DEATH: 10/17/2003 101 I $2,627.27 I I I I I I I I TOTAL AMOUNT PAID: $2,627.27 REMARKS: NATHAN WOLF, ESQ CHECK# 1104 SEAL INITIALS: AC RECEIVED BY: GLENDA FARNER STRASBAUGH DEPUTY REGISTER OF WILLS REGISTER OF WILLS BUREAU OF TNDZVZDUAL TAXES INHERITANCE TAX ,~IVISION DEPT. 280601 HARRISBUPG, PA 17128-0601 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLO#ANCE OR DZSALLO#ANCE OF DEDUCTIONS AND ASSESSMENT OF TAX REV-154? EX AFP (01-$$) NATHAN C WOLF ESQ IRWIN LAW OFFICE 6q S PITT ST CARLISLE Recc,~-.:,~;,:' ,.,~ DATE Re[~;~.~ ~5 ESTATE OF DATE OF DEATH FILE NUMBER '0~ ~-5 P3:44c°UNTY ACN 05-08-200q HETZGAR 10-17-2005 21 02-0506 CUHBERLAND 101 Amoun~ Roa/~ted RICHARD HAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUHBERLAND CO COURT HOUSE CARLISLE, PA 17015 CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~ REV-1547 EX AFP (01-03) NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX ESTATE OF NETZGAR RICHARD V FILE NO. 21 02-0506 ACN 101 DATE 05-08-200q TAX RETURN NAS: { ) ACCEPTED AS FTLED { X) CHANSED SEE ATTACHED NOTICE RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Real Estate (Schedule A) (1) 2. Stocks end Bonds (Schedule B) (2) 3. Closely Hold Stock/Partnorsh/p Zntorest (Schedule C) (3) q. Hortgagas/Notos Receivable (Schedule D) $. Cash/Bank Deposits~Misc. Personal Property (Schedule E) 6. Jo/ntly Owned Property (Schedule F} (6) 7. Transfers (Schedule D) (7) 8. Tote1 Assets APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Ada. Costs/Misc. Expanses (Schedule H) (9) 10. Debts/Mortgage L/ab/l/tlas/Lions (Schedule Z) (10) 11. Tote1 Deductions 12. Net Value of Tax Ro~urn 15~052.20 61~56.66 O0 O0 NOTE: To insure proper O0 credit to your account, O0 subm/t the upper port/on O0 of this form with your tax payment. (8) 7,726.7~ 7~,508.86 13. NOTE: 8q9.33 (11) 8. 576.07 (Ia) 65,932.79 .00 65,932.79 18 and 19 Charitable/Governmental Bequests; Non-elected 9115 Trusts (Schedule J) (13) Net Value of Estate Subject to Tax Zf an assessment .as lssued previously, lines 1~, 15 and/or 16, 17, reflect figures that include the total of ALL returns assessed to date. ASSESSMENT OF TAX: 15. A~ount of L~ne lq at Spousal rato 16. Amoun~ of Line lq taxable at Lineal/Class A rate 17. Amount of L/no lq at Sibling rate 18. Amount of L/ne lq taxable a~ Collateral~Class B rate 19. Principal Tax Due TAX CREDITS PAYMENT RECEIPT DISCOUNT (+) DATE NUMBER INTEREST/PEN PAID (-) Ol-16-ZOOq CDOOSq51 138.28 PAYMENT MUST BE MADE BY 07-17-200q~. IF PAID AFTER DATE INDICATED, SEE REVERSE FOR CALCULATION OF ADD/T/ONAL INTEREST. (1;) .00 x O0 = .00 (16) 65,932.79 x Oq5: 2,966.97 (17) .00 X 12 = . O0 (lB) .00 x 15 = .00 (1~)= 2,966.97 AMOUNT PAID 2,627.27 2,765.55 ZOl.q2 .00 201.qZ TOTAL TAX CREDIT I I BALANCE OF TAX DUE INTEREST AND PEN. TOTAL DUE ( IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED. ZF TOTAL DUE ZS REFLECTED AS A 'CREDIT' (CR), YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.) ----- =l.EV_1470F.X{6-88i . INHERITANCE TAX EXPLANATION OF CHANGES . *:. -~ ...... . .' ....;'1..;,.,' -., -i. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG PA 17128-0601 DECEDENTS NAME FILE NUMBER METGAR,RICHARD V ACN 2102-0506 101 REVIEWED BY Kathryn Harbilas H B-1 EXPLANATION OF CHANGES The deduction for personal representative commissions have been reduced from $5,000.00 to $1,500.00 Personal representative fees can only be claimed against probate assets. ITEM SCHEDULE NO. ROW Page 1 ----- REV- 1162 EX(1 1-96) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT,280601 HARRISBURG, PA 17128-0601 PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT NO. CD 004389 RECEIVED FROM: WOLF NATHAN C, ESQ. 37 SOUTH HANOVER STREET SUITE 201 CARLISLE, PA 17013 ACN ASSESSMENT CONTROL NUMBER AMOUNT ESTATE INFORMATION: SSN: 569-30-4753 FILE NUMBER: 2102-0506 DECEDENT NAME: METZGAR RICHARD V DATE OF PAYMENT: 09/15/2004 POSTMARK DATE: 09/15/2004 COUNTY: CUMBERLAND DATE OF DEATH: 10/17/2003 101 I $202.75 I I I I I I I I ______n fold TOTAL AMOUNT PAID: $202.75 REMARKS: CHECK# 1135 INITIALS: JA RECEIVED BY: GLENDA FARNER STRASBAUGH REGISTER OF WillS SEAL REGISTER OF WILLS - BUREAU OF INOIVIOUAL TAXES INHERITANCE TAX DIVISION DEPT. 280601 HARRISBURG. PA 17128-0601 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE INHERITANCE TAX STATEMENT OF ACCOUNT *' REV_16D1EllAFPtOl_OSJ U\ NATHAN C WOLF ESQ 37 S HANOVER ST SUITE 201 CARLISLE _I..' :,;.z DATE ESTATE OF DATE OF DEATH FILE NUMBER COUNTY ACN 10-25-2004 METZGAR 10-17-2003 21 02-0506 CUMBERLAND 101 RICHARD V Amount Rellitted PA 17013 MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 NOTE: To insure proper credit to your account, submit the upper portion of this form with your tax payment. CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~ REY=i6oTix-Af:p-foFo3Y------....--iNHERITANCE-TAiCsTATEHfN";:-OF-ACCOLitiT--.-i.--------------m---- ESTATE OF METZGAR RICHARD V FILE NO.21 02-0506 ACN 101 DATE 10-25-2004 THIS STATEMENT IS PROVIDED TO ADVISE OF THE CURRENT STATUS OF THE STATED ACN IN THE NAMED ESTATE. SHOHN BELOH IS A SUMMARY OF THE PRINCIPAL TAX DUE, APPLICATION OF ALL PAYMENTS, THE CURRENT BALANCE, AND, IF APPLICABLE, A PROJECTED INTEREST FIGURE. DATE OF LAST ASSESSMENT OR RECORD ADJUSTMENT: 03-08-2004 PAYMENTS (TAX CREDITS): PAYMENT RECEIPT DISCOUNT (+) AMOUNT PAID DATE NUMBER INTEREST/PEN PAID (-) 01-16-2004 CD003451 138.28 2,627.27 09-15-2004 CD004389 1. 33- 202.75 TOTAL TAX CREDIT 2,966.97 BALANCE OF TAX DUE .00 INTEREST AND PEN. .00 . IF PAID AFTER THIS DATE, SEE REVERSE TOTAL DUE .00 SIDE FOR CALCULATION OF ADDITIONAL INTEREST. S[ IF TOTAL DUE IS LESS THAN $1. NO PAYMENT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT" [CRI, YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS. c;)( , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-02-0506 ,*********************************************************************************** ESTATE OF RICHARD V. METZGAR, DECEASED LATE OF MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY ,*********************************************************************************** FIRST AND FINAL ACCOUNT OF RICHARD V. METZGAR, JR. ,*********************************************************************************** Date of Death: October 17. 2003 Letters Testamentary Granted: October 28, 2003 First Complete Advertisement of Grant of Letters: December 19, 2003 Accouut Stated to: April 13,2005 GROSS ESTATE: (Total of Income and Principal Receipts) $ 75,466.36 SUMMARY AND INDEX PRINCIPAL Receipts Net Loss on Conversion Adjnsted Balance $ 75,466.36 $ (63,561.66) $ 11,904.70 $ 12,527.20 $ (622.50) . - $ 1,875.00 Less Disbursements Balance before Distributions Distribution to Beneficiaries Investments Principal Balance Remaining $ (2,497.50) INCOME Receipts $ Less Disbursements Balance before Distributions $ Distribution to Beneficiaries Income Balance Remaining $ COMBINED BALANCE REMAINING $ (2,497.50) , PRINCIPAL RECEIPTS INVENTORY FILED: Per copy of Inventory attached $ 74,508.86 SUBSEQUENT RECEIPTS: Contributions from Richard V. Metzgar, Jr. $ 957.50 TOTAL PRINCIPAL RECEIPTS: $ 75,466.36 2 PRINCIPAL CONVERSIONS INTO CASH GAIN LOSS 1/3 Interest in Real Estate (Bower Road)* Inventoried at $ 44,662.20 Proceeds $ $ (44,662.20) 1/2 Interest in CD #7000052535* Inventoried at $ 16,794.46 Proceeds $ $ (16,794.46) Estimated 2003 Federal Tax Refund Inventoried at $ 3,600.00 Proceeds $ 2.495.00 $ (1,105.00) Miscellaneous Personal Property Inventoried at $ 2,000.00 Proceeds $ 1.000.00 $ (1,000.00) $ $ (63,561.66) NET LOSS ON CONVERSIONS $ (63,561.66) . Entered in error on inventory - non-probate asset 3 PRINCIPAL DISBURSEMENTS Roth Funeral Home $ Executor Commission ($5000.00 less $2729.09) $ Irwin Law Office $ Register of Wills - Probate $ Robert W. Morris & Co. - Accountant Fees $ Cumberland Law Journal - Advertising $ The Sentinel - Advertising $ Diversified Appraisal Services - Real Estate Appraisal $ Register of Wills, Agent - Inheritance Tax advance payment $ Register of Wills, Agent - Inheritance Tax payment $ Register of Wills - Filing Fees - Inheritance Tax Rtn and Inv. $ Sprint - Telephone Bill $ PPL Utilities - Electricity Bill $ Gerald Foster - Scrap Removal $ WSI - Trash Hauling - Dumpster Fee $ Sam Arndt Excavating - Scrap Removal $ TOTAL PRINCIPAL DISBURSEMENTS . 391.21 2,270.91 5,000.00 255.00 125.00 75.00 105.53 250.00 2,627.27 202.75 25.00 14.67 21.01 345.00 468.85 350.00 $ 12,527.20 4 PRINCIPAL DISTRIBUTIONS TO BENEFICIARIES TO: Richard V. Metzgar, Jr. Miscellaneous Personal Property 1992 Oldsmobile Cutlass Ciera TOT AL PRINCIPAL DISTRIBUTIONS $ $ 1,000.00 875.00 5 - $ 1,875.00 - INCOME DISTRIBUTIONS TO BENEFICIARIES None \l-. 'J ~~ \:.v Richard V. Metzgar, Jr., Executor COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS Richard V. Metzgar, Jr., Executor of the Estate of Richard V. Metzgar, Deceased, being duly sworn according to law, deposes and says that the Account as stated is true and correct and that the Grant of Letters and frrst complete advertisement thereof occurred more than six (6) months before the filing of the Account. ~ ~ ~~'\'- Richard V. Metzgar, Jr., Executor iworn to and subscribed before me this / j day of .A://<Z-'''- , 2005. ~\ COMMONWEALTH OF PENNSYLVANIA NotariaJ Seal Nathan c. Wolf, NotaJy Public Carlisle Boro, Cumberiand County My Canmission Expires Apr, 19,2008 Member, Pennsylvania ASSOCiation Of NotaI'Jet 9 - ******************************************************************************* IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ORPHANS' COURT DIVISION NO. 21-02-0506 ESTATE OF RICHARD V. METZGAR, DECEASED LATE OF MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY ******************************************************************************* SCHEDULE OF DISTRIBUTION Amount Available for Distribution as per Account ******************************************************************************* TOTAL AMOUNT A V AILABLE FOR DISTRIBUTION $ (2,497.50) $ $ $ None DISTRIBUTION ************ AMOUNT TO BE DISTRIBUTED $ $ $ CERTIFICATION ************************************* I hereby certify that the above Schedule of Distribution is true and correct and in accordance with the funds available for distribution. Dated: L\ 4,'>- S \L \J 'f{\zM~~ ~ Richard V. Metzgar, Jr. Accountant for Estate Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 9/15/2005 WOLF NATHAN C, ESQ. 37 SOUTH HANOVER STREET SUITE 201-202 CARLISLE, PA 17013 RE: Estate of METZGAR RICHARD V File Number: 2002-00506 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: 10/17/2005 Your prompt attention to this matter will be appreciated. Thank You. Sincerely, ~4 l~lAU_j~,~~~ GLENDA FARNER STPJiSBAUGH REGISTER OF WILLS cc: File Personal Representative(s) Judge LV' ( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-02-0506 ************************************************************************************* ESTATE OF RICHARD V. METZGAR, DECEASED LATE OF MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA ************************************************************************************* FAMILY SETTLEMENT AGREEMENT WAIVING FILING OF ACCOUNT ************************************************************************************* THIS AGREEMENT, executed this.c.LL- day of Oq(.>~IL ,2005, by and between Richard V. Metzgar, Jr., Administrator of the Estate of Richard V. Metzgar, and Ann K. Sturms, and Richard V. Metzgar, Jr., individually: o WITNESSETH: l.! C) LLJ _' ~'t~: :r:: L.;__ < l:o- " -,'_ 2 ' . ~.REAS, Richard V. Metzgar died on October 17, 2003, leaving his Last Will and Testament 1:::udatedcTanwlfr4, 2000. cf: ~--- (.~:; ~"~ c.. c_, " U! ~WHERi1:~S, on October .28,2003, Letter Testamentary were granted by the Register of Wills of Cum~land CoOiity, PennsylvanIa to Richard V. Metzgar, Jr.; and, WHEREAS, the estate was duly advertised in the Carlisle Sentinel on November 28, December 5 and December 12, 2003 and in the Cumberland County Law Journal on December 5, 12, and 19, 2003. Copies of the Proofs of Publication are attached hereto, made a part hereof and labeled Exhibits "A" and liB"; and WHEREAS, an Inheritance Tax Return was prepared and filed with the Commonwealth of Pennsylvania on January 16, 2004, a copy of which is attached hereto, made a part hereof, and labeled Exhibit "C"; and WHEREAS, The Commonwealth of Pennsylvania, Department of Revenue, has determined the Inheritance Tax owing to the Commonwealth by virtue of the death of Richard V. Metzgar, as evidenced by the Notice of Inheritance Tax Appraisement, Allowance or Disallowance of Deductions and Assessment of Tax dated October 25, 2004 attached hereto, made a part hereof, and labeled Exhibit "0"; and WHEREAS, the Administrator has proceeded with the administration of said Estate and has prepared his First and Final Account and Schedule of Distribution. A true and correct copy of the First and Final Account is attached hereto, made a part hereof, and labeled Exhibit "E". A true and correct copy of the Schedule of Distribution is attached hereto, made a part hereof, and labeled Exhibit "F"; and WHEREAS, the parties hereto desire that they not be required to file said Account with the vt ( ( Orphans' Court of Cumberland County, and that the net estate of the decedent shall be distributed without the necessity of filing a formal account. NOW THEREFORE, the parties hereto, intending to be legally bound hereby, mutually agree as follows: 1. The parties hereto, and each of them, agree and acknowledge that they have fully and carefully examined the First and Final Account of Richard V. Metzgar, Jr., Administrator, and the Schedule of Distribution related thereto and find them to be true and correct and acceptable to the parties hereto and each of them, and further that each of them have received a copy of this Agreement and of the said First and Final Account and Schedule of Distribution. 2. The parties hereto do hereby release, remise and forever discharge the Estate of Richard V. Metzgar, Deceased, and Richard V. Metzgar, Jr. Administrator, of and from all manner of acts, suits, claims, accounts, accountings, debts, dues and demands whatsoever which they or any of them or their legal representatives or assigns may at any time hereafter have against the said Adminstrator, the estate or the assets thereof, from, for, touching or concerning any of the assets and property of the said Estate and/or any claim or interest thereto or therein, and the administration, management, collection, sale or distribution of any of the said assets and for or on account of any money, interest, income, assets or proceeds out of the same, from the time of the death of the said decedent to and including the date of this Agreement and Release. 3. This Agreement is a full and final Family Settlement Agreement by and among the parties hereto, both fiduciary and individual, all of the same having been arrived at, concluded and executed after a full and complete disclosure ofthe assets of the said Estate and the rights of the parties therein and thereto and all of the parties hereto, and each of them, agrees to abide by the terms hereof. 4. The parties hereto, and each of them, agree that they will at all times in the future and whenever necessary, appropriate or convenient, make, execute and deliver to each other, and/or to the other party or persons, any and all instruments, documents, conveyances, deeds, releases or other instruments of any kind necessary or convenient to carry out the intention ofthis Agreement and/or to permit, assist and enable each other to fulfill their duties with reference to the said estate and all of the assets thereof. 5. This Agreement constitutes the entire understanding among the parties hereto, and each of them acknowledges that no representations or statements of any kind, written or oral, have been made to them or any of them prior hereto by the Administrators, or by any other person or party upon their behalf. 6. Each of the parties hereto agree to indemnity and hold harmless to the extent of the distribution hereunder Richard V. Metzgar, Jr., in his capacity as Administrator, his heirs, executors, administrators and assigns, from and against any and all claims, losses, liabilities and damages, whether or not caused by the negligence which they may suffer, or to which they may be subjected by rcason of the administration of the Estate of Richard V. Metzgar, Deceased, and the distribution ofthe items hereunder is in satisfaction of the rights to inherit under the Will of Richard V. Metzgar, Deceased, and the distribution hereunder is in satisfaction prior to an account or approval of the Orphans' Court of the Court of Common ( I I Pleas of Cumberland County, Pennsylvania and said Indemnity includes, but is not limited to, liability for any federal estate tax, Peunsylvania Inheritance Tax or other death taxes, together with interest and costs incidental thereto relating in any way to the Estate to the extent of distribution hereunder. 7. Each of the parties hereto understands that claims may, in the future, be made against the Administrator by third parties and each of the parties agrees hereby that in the event that the Administrator is required to make any payment for any reason in satisfaction of such claim or demand that each of the parties hereto will refund a proportional share of his or her inheritance to the Administrator in satisfaction of such claims and for the defense of such claim or demand. 8. This Agreement shall inure to the benefit of and shall be binding upon the parties hereto, and each of them, their heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties hereto have hereunto set their respective hands and seals the day and year first above written. I\l~ \J '1v\~ ~. Richard V. Metzg'ar, Jr., Xdministrator ~~.~ AnD. K. Sturms, Individually ~ \) 'W\~\\ Richard V. Metzgar, Jr., Individually ILl () L-! ~ " ( ") ( II ., Register of Wills of Cumberland County STATUS REPORT UNDER RULE 6.12 N f D d t Richard V. Metzgar ame 0 ece en : Date of Death: October 17, 2003 Estate No.: 21-02-0506 Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion ofthe administration of the above-captioned estate: 1. State whether administration of the estate is complete: Yes [&l No 0 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. I is Yes., state the following: a. Did the personal representative file a final account with the Court? Yes 0 No I8l 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 I8l No 0 c. Copies of receipts, releases, joinders and approval of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. Date: 10/7/2005 L.~__ l,M.":.:; c:.:::J c;--..-! Signature C) Name 37 South Hanover Street, Suite 201 Carlisle, PA 17013 Address 0- r- I 717-241-4436 Telephone No. ( Capacity: 0 Personal Representative Q9. Counsel for personal representative \.....c.-