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HomeMy WebLinkAbout07-05-12-~i - li - 3~`j 0 FAMILY SETTLEMENT AGREEMENT AND FINAL RELEASE IN THE ESTATE OF MARGARET J. COSGROVE KNOW ALL MEN BY THESE PRESENTS, that, WHEREAS, Margaret J. Cosgrove, late of Cumberland County, Pennsylvania, died testate on March 10, 2011, having first made her last will and testament duly executed on February 11, 1998; WHEREAS, the said Margaret J. Cosgrove, by the aforesaid last will and testament, named Patrick M. Cosgrove, Executor of said last will; WHEREAS, letters testamentary on the estate of the said decedent were duly issued by the Register of Wills of Cumberland County, Pennsylvania, to the said Executor, Patrick M. Cosgrove, hereinafter called the personal representative. WHEREAS, the personal representative has gathered the assets of the estate of the said decedent and the assets consist of personal and real property, to a total value as set forth in Exhibit "A", a copy of the Pennsylvania Inheritance Tax Return filed by said personal representative, and which has been provided to each heir and as additionally referenced on Exhibit "A"; WHEREAS, the debts and deductions, including the payment of inheritance tax in the said estate as referenced in Exhibit "B"; WHEREAS, a balance for distribution of $67,036.71 exists; WHEREAS, the balance for distribution has been reduced to cash and is available for distribution in accordance with the terms of the last will and testament of the said decedent. NOW, THEREFORE, KNOW YE, that we, being all of the named beneficiaries of the will and the said decedent, do hereby each of us, acknowledge that we have this day had and received from the aforesaid personal representative, in full satisfaction and payment of all sum or sums of money, legacies, bequests, and devised as are given, devised and bequeathed to each of us respectively by the said will of Margaret J. Cosgrove in the amounts due us under said will, which amounts we have received this day, in the respective amounts of five thousand dollars ($5,000.00) to each of us with the remaining balance equally divided between Patrick M. Cosgrove and Mic,~ael n C ~:: : z~ L. Heishman. ~ ~ =~~' ~ '~' Wiz` _ ~~ _ :~C' ~? D ~.~ Cs~ C ' y AND, each of us does hereby stipulate that in order to avoid the expense and time involved in the filing of a formal account and schedule of distribution, we each agree that no account is necessary and we do hereby agree that we do consent to distribution being made without the filing of an account and schedule of distribution, the same to be with the same force and effect as if they had been tiled and confirmed by the Orphans' Court Division of the Court of Cumberland County. THEREFORE,, we and each of us, do hereby remise, release, quitclaim and forever discharge the said personal representative, heirs, executrix, and administrators and assigns of and from the said estate and from all actions, suits, payments, accounts, reckonings, claims and demands whatsoever for or by reason thereof, or for any other use, matter, cause or thing whatsoever, touching upon the estate of the said decedent, and each of us do further hereby covenant and agree with each other and the aforesaid personal representative, that we will contribute pro-rata, our share of the estate to satisfy any and all claims, demands, suits, or causes of action which maybe successfully prosecuted against the said estate or aforesaid personal representative after the signing, sealing and delivery of this family settlement agreement and final release. By order dated October 10, 2011, the Orphans' Court Division of the Court of Common Pleas of Cumberland County authorized Patrick M. Cosgrove to execute any and all documents pertaining to this estate on behalf of his minor children, Hannah Cosgrove, Grace Cosgrove and Jack Cosgrove. IN WITNESS WHEREOF, and intending to be legally bound hereby, we have hereunto set our hands and seals on the dates below indicated. WI"CNESS: /~ ` Michael L. Heishman ~~~~~ r~~~ ~~ ~G%f~ Patrick M. Cosgrove ~~ ~~~ Hannah Cosgrove by Patrick M. Cosgrove Grace Cosgrove by Patrick M. Cosgrove ~4 ~- Jack Cosgrove by Patrick M. Cosgrove r /~ !~ Michelle andalls ~~ p C ris Heishman 1505610105 REV- ~ 5OO ~ OFFICIAL USE ONLY PA Department of Revenue pennsylvania ~E..,,.,~~~o.~r~~~~E County Code Year File Number Bureau of Indtvtduat Taxes INHERITANCE TAX RETURN ' PO BOX X80601 Harrisburg PA >_'71z8-oliol RESIDENT DECEDENT ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death MMDDYYYY Date of Birth MMDDYYYY 172-26-7600 03/10/2011 ' 09/18/1933 Decedent's Last Name Suffix Decedent's First Name MI Cosgrove 'Margaret J (If Applicable) Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Spouse's First Name MI Spouse's Social Security Number FILL IN APPROPRIATE OVALS BELOW OD 1. Original Return THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS O 2. Supplemental Return O 3. Remainder Return (Date of Death Prior to 12-13-82) O 4. Limited Estate O 4a. Future Interest Compromise (date of O 5. Federal Estate Tax Return Required death after 12-12-82) ~ 6. Decedent Died Testate O 7. Decedent Maintained a Living Trust ~ 8. Total Number of Safe Deposit Boxes (Attach Copy of Will) (Attach Copy of Trust.) O 9. Litigation Proceeds Received O 10. Spousal Poverty Credit (Date of Death O 11. Election to Tax under Sec. 9113(A) Between 12-31-91 and 1-1-95) (Attach Schedule O) CORRESPONDENT -THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: Name Daytime Telephone Number David A. Baric, Esquire (717) 249-6873 First Line of Address Baric Scherer LLC Second Line of Address 19 West South Street City or Post Office State ZIP Code Carlisle ~ A 1701 REGISTER OF WII.kS~USE ONLY - - '~ _ _ J `~ --- i _ -- - , -,-' - _; DATE FILER Correspondent's a-mail address: dbarlC baflCSCherer.COm Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my xnowleage ana oeiiei, . .. _,_ __..__ _. _____-.._ ,..~.,.. ....,., ae ..o.~.,.,~i ~o~.o~o.,rarl~~P i~ hacPri nn all information of which oreoarer has anV knowledge. 1505610185 Side 1 1505610105 EXHIBIT "A" ADDRESS 19 West South Street, Carlisle, Pennsylvania 17013 PLEASE USE ORIGINAL FORM ONLY i 150561205 REV-1500 EX (FI) Decedent's Social Security Number 172-26-7600 Decedent's Name: Mafgaf2t ~. COS9fOVe RECAPITULATION - - - L 74,752.00 1. Real Estate (Schedule A) ........................................... .. 2. Stocks and Bonds (Schedule B) ..................................... . 2. 3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C) ... .. 3. 4. Mortgages and Notes Receivable (Schedule D) ......................... .. 4. 5. Cash, Bank Deposits and Miscellaneous Personal Property (Schedule E)..... .. 5. 4,521.00 6. Jointly Owned Property (Schedule F) O Separate Billing Requested ..... .. 6. ' _ 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property ' 7 $$,900.00 (Schedule G) O Separate Billing Requested...... . .. , s 168,173.00 8. ............ Total Gross Assets (total Lines 1 through 7) .............. . . .. 9. ......... Funeral Expenses and Administrative Costs (Schedule H) ..... 9 19,027.00 10. Debts of Decedent, Mortgage Liabilities and Liens (Schedule I) ........ .... . 10. 11 19,027.00 11. Total Deductions (total Lines 9 and 10) ................ . 12 149,146.00 12. ................ Net Value of Estate (Line 8 minus Line 11) .......... . . .. 13. Charitable and Governmental Bequests/Sec 9113 Trusts for which 13 an election to tax has not been made (Schedule J) ................. .... .. 14 149,146.00 14. .......... Net Value Subject to Tax (Line 12 minus Line 13) ......... . . .. TAX CALCULATION • SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, or _ transfers under Sec. 9116 15. (a)(1.2) X .0 _ __ 16. Amount of Line 14 taxable 149,146.00 ' at lineal rate X .0 45 16. 6,711.00 17. Amount of Line 14 taxable ' 17 at sibling rate X .12 18. Amount of Line 14 taxable ' 18 at collateral rate X .15 6,711.00 19. .......................................... TAX DUE 19. _ 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT ~ Side 2 150561205 15~561~2~5 REV-1500 EX (FI) Page 3 File Number Decedent's Complete Address: Margaret J. Cosgrove STREET ADDRESS 58 Partridge Circle STATE ZIP CITY PA 17013 Carlisle Tax Payments and Credits: (1) 6,711.00 1. Tax Due (Page 2, Line 19) 2. CreditslPayments 7,446.00 A. Prior Payments B. Discount 372.00 7,818.00 Total Credits (A+ B) (2) 3. Interest (3) 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. (4) 1,107.00 Fill in oval on Page 2, Line 20 to request a refund. 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) Make check payable to: REGISTER OF WILLS, AGENT. PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS Yes No 1. Did decedent make a transfer and: a. retain the use or income of the property transferred ................................... ^ ^ b. retain the right to designate who shall use the property transferred or its income ..............................:..:..:::.:.:. ^ ^ c. retain a reversionary interest ........................................................................................................... d. receive the promise for life of either payments, benefits or care? ................................................ 2. If death occurred after Dec. 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? ............................................................................................................. ^ 3. Did decedent own an "in trust for" or payable-upon-death bank account or security at his or her death? .............. ^ ^ 4. Did decedent own an individual retirement account, annuity or other non-probate property, which contains a beneficiary designation. IF THE ANSWER TO ANY OF THE ABOVE QUESTfONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. For dates of death on or after July 1, 1994, and before Jan. 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 3 percent [72 P.S. §9116 (a) (1.1) (i)]. For dates of death on or after Jan. 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0 percent [72 P.S. §9116 (a) (1.1) (ii)]. The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary. For dates of death on or after July 1, 2000: • The tax rate in Porsa sten tarent of the ch Idr s Ofpercenm[72 P.S §91d16(a)(1?2)]years of age or younger at death to or for the use of a natural parent, an adoptive pare pp The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5 percent, except as noted in [72 P.S. §9116(a)(1)]. • The tax rate imposed s anhndividuall who has ateleast oneoparent in ommon wth thesdeibeident, whetherobytblood or doptio(n)(1.3)]. Asibling is defined, under Section 9102, a R°~V-1502 EX+ (OL-10) ~ ~~ pennsylvania SCHEDULE A ` DEPARTMENT OF REVENUE REAL ESTATE INHERITANCE TAX RETURN RESIDENT DECEDENT FILE NUMBER: ESTATE OF: 21-11-0389 Margaret J. Cosgrove All real property owned solely or as a tenant in common must be reported at fair market value. Fair market value is defined as the price at which property would be exchanged between a willing buyer and a willing seller, neither being compelled to buy or sell, both having reasonable knowledge of the relevant facts. Real property that is jointly-owned with right of survivorship must be disclosed an Schedule F. Attach a copy of the settlement sheet if the property has been sold. VALUE AT DATE ITEM Include a copy of the deed showing decedent`s interest if owned as tenant in common, OF DEATH NUMBER DESCRIPTION 74,752.00 TOTAL (Also enter on Line 1, Recapitulation,) $ If more space is needed, use additional sheets of paper of the same size. REV-i5o8 EX+ (SI-io) SCHEDULE E ~ Pennsylvania DEPARTMENT OF REVENUE CASH, BANK DEPOSITS & MISC. [NHER[TANCE TAX RETURN PERSONAL PROPERTY RESIDENT DECEDENT ESTATE OF: FILE NUMBER: Margaret J. Cosgrove _ 21-11-0389 Include the proceeds of litigation and the date the proceeds were received by the estate. oii aronertv iointly owned with right of survivorship must be disclosed on Schedule F. If more space is needed, use aaa¢ionai sneer ~~ NaN~~ ~~ ~~~_ ~~~~~~ ~~<_• REV-1510 EX+ (Oi3-09) ~- SCHEDULE G ~ ; ~ Pennsylvania :` DEPARTMENT OF REVENUE INTER-VIVOS TRANSFERS AND INHERITANCE TAX RETURN MISC. NON-PROBATE PROPERTY RESIDENT DECEDENT ESTATE OF FILE NUMBER Margaret J. Cosgrove 21-11-0389 This schedule must be completed and filed if the answer to any of questions 1 through 4 on page three of the REV-1500 is yes. ITEM NUMBER DESCRIPTION OF PROPERTY INCLUDE THE NAME OF THE TRANSFEREE, THE[R RELATIDNSHIP TO DECEDENT AND THE DATE OF TRANSFER. ATTACH A COPY OF THE DEED FOR REAL ESTATE. DATE OF DEATH VALUE OF ASSET % OF DECD'S INTEREST EXCLUSION (IF APPLIrAeLE) TAXABLE VALUE 1. DWS Balanced Fund-A IRA 25,430.00 100 25,430.00 DWS High Income Fund-A IRA 232.00. 12 100 12,232.00 2 , Zurich American Life Insurance Annuity 238.00 51 51,238.00 3 , TOTAL (Also enter on Line 7, Recapitulation) $ 88,900.00 If more space is needed, use additional sheets of paper of the same size. EV-1511 EX+ (10-09) .~ SCHEDULE H ~~ ~~, Pennsylvania ~~~~G ~IINFR01 EXPENSES AND ESTATE OF FILE NUMBER Margaret J. Cosgrove 21-11-0389 Decedent's debts must be reported on Schedule I. ITEM NUMBER DESCRIPTION A. FUNERAL EXPENSES;_ 1. _ __ B, ADMINISTRATIVE COSTS: I, Personal Representative Commissions: Name(s) of Personal Representative(s) PatrlCk M Cosgrove Street Address 112 East Count side Drive city Boiling Springs State PA zIP 17007 Year(s) Commission Paid: 2011 2. Attorney Fees: 3, Family Exemption: (If decedent's address is not the same as claimant's, attach explanation,) Claimant None ------- ----------------- ------ StreetAddress - - -- ----- ---- - City State ZIP Relationship of Claimant to Decedent _-_ ----- 4. Prohate Fees: S. Accountant Fees: 6. Tax Return Preparer Fees: 8,824.00 8,824.00 331.00 67.00 ~. Comcast 27.00 B. Century Link 60.00 s. UGI 100.00 ~ o. PPL 162.00 t ~ . Vascular Associates 309.00 12. Travelers Insurance TOTAL (Also enter on Line 9, Recapitulation) $ 19,027.00 If more space is needed, use additional sheets of paper of the same size. Estate of Margaret J. Cosgrove File No. 21-11-0389 SCHEDULE H CONTINUED 12. North Middleton Authority $ 82.00 13. The Sentinel $166.00 14. Cumberland Law Journal $ 75.00 REV-1513 EX+ (01-10) pennsylvania ~~' DEPARTMENT OF REVENUE INHERITANCE TAX RETURN aFStDENT DECEDENT SCHEDULE BENEFICIARIES ESTA ET OF Margaret NUMBER I 1. I II J. Cosgrove NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY TAXABLE DISTRIBUTIONS [IncluSec 9116t(a) (152) jistributions and transfers under Patrick M. Cosgrove, 112 E. Countryside Dr., Boiling Springs, PA 17007 Michael L.Heishman,108 Burnthouse Rd., Carlisle, PA 17015 Michelle Randalls, 424 Mumper Lane, Dillsburg, PA 17019 Christopher Heishman, 116 Willow View Dr., Carlisle, PA 17013 Hannah Cosgrove, 112 E. Countryside Dr., Boiling Springs, PA 17007 Grace Cosgrove, 112 E. Countryside Dr., Boiling Springs PA 17007 Jack Cosgrove, 112 E. Countryside Dr., Boiling Springs, PA 17007 RELATIONSHIP TO DECEDENT Do Not List Trustee(s) on on Iranddaughter )randson 3randdaughter 3randdaughter grandson FILE NUMBER: 21-11-0389 AMOUNT OR SHARE OF ESTATE 50°/D 50% 5000.00 5000.00 5000.00 5000.00 5000.00 ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18 OF REV•150D COVER SHEET, AS APPROPRIATE. NON-TAXABLE DISTRIBUTIONS A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT TAKEN; 1 B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS: 1 rnrni of PART II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET. $ If more space is needed, use additional sheets or paper ui ~~~c ~a~~~~ ~~~_• LAST WILL AND TESTAMENT OF MARGARET J. COSGROVE I, Margaret J. Cosgrove of Cumberland Cour>ty, Pennsylvania, being of sound mind, memory and understanding, do hereby make, publish and declare this as and for my Last Will and Testament, hereby revolving all other wills and codicils heretofore made by me. FIRST i direct the payment of my debts and the expenses of my lam illness and funeral from my estate as soon after my death as conveniently may be done. ft there be no cemetery lot available fa- my interment, owned by me at the time of my death, I authorize my personal representative to purchase such cemetery lot with a contract for perpetual care, using therefor funds from my estate, and I authorize my personal representative to cause title to or ownership of such lot so purchased to be vested in such person as my personal representative shall designate. It is my wish that a grave side service only be held in my honor. Further, in this connection, I authorize my personal representative to emend funds from my estate, in such amount as my personal representative shall consider necessary and desirable, for the purchase, erection and insaiption of a suitable marker for my grave. SECOND give, devise and bequeath my entire estate of whatever nature and wherever situate to my sons, Patrick M. Cosgrove and Michael L. Heishman, in equal shares. I, give devise and bequeath the sum of five thousand 05,000.00) dollars to each of my grandchildren, the money to be taken from their respective fathers porticn of my estate. In the event I am predeceased by my son, Michael L. Heishman, my entire estate shall pass to my son, Patrick M. Cosgrove except for five thousand ($5,000.00) dollars which shall be paid to each of the then IMng children of Michael L. Heishman. In the event I am predeceased by my son, Patrick M. Cosgrove, his one-half share of my estate shall) pass to his children in equal shares who are alive at the time of my death. THIRD In the event I am not so survived by my said sons, Patrid< M. Cosgrove and Michael L. Heishman, and a portion of my estate passes to an heir under the age of twenty~ve (25), then that portion of my estate passing to the heir shall be placed with Patrick M. Cosgrove, as TRUSTEE. In the event Patrick M. Cosgrove is unable or unwilling to serve as Trustee, ! nominate and appoint Midiael t_. Heishman as alternate Trustee under the following conditions:: 1. My Trustee shall pay principal and income to or for the benefit of the heir during his or her life as my Trustee, from time to time, shall deem advisable for the health, maintenance, support and complete education of such heir and the members of his or her immediate family. In addition, my Trustee in his sole discretion may advance principal to said beneficary against the fractional shares to be advanced hereunder for the costs of manage, or the purchasing of a home or costs of entering a business or profession if my said Trustee shall deem such expense reasonably prudent 2. IUotwithstandingthe foregoing provisions, after attainment of twenty-one (21) years, each heir may withdraw one-half (1/2) of the principal of his or her trust valued as of said birthday or the date of division into shares, if later; and after attaining age twenty~ive (25) years, each heir may withdraw the remainder of said princpal and undistributed income. 3. In the event of the death of a trust beneficiary prior to age twentyfive (25) then my Trustee shall distribute any remaining principal and interest as such beneficiary shall appoir>t by specific reference to this power in his or her will, or if such power is not exercised in full, the unappointed principal shall be distributed to his or her issue, per stirpes, or in defiault of such issue, to my issue, per stirpes; provided, however, any portion of such principal, which would be distributed to any beneficiary for whom a trust is then held hereunder, shall be added to such trust 4. Should the principal of any trust herein provided for be or become too small in my Trustee's discretion to make establishments or continuance of the trust advisable, my Trustee may distribute the remaining principal and any accumulated or undistributed income outright to the beneficiaries in the proportions to which they are then entitled to. The receipts and releases of the distributees will terminate absolutely the rights of all persons who might otherwise have future interest in the trust, whether vested or corriing~;rt, without notice to thzrn and without the necessity of filing an account with the court FOURTH I direct that no trustee, executor, guardian or other fiduciary named, nominated, or appointed by this my Last Will and Testament shall be required to post any bond or give any security of any type for any purpose whatsoever, any law or rule of the court of the Commonwealth of Pennsylvania or any other jurisdiction to the contrary notvuithstanding. I direct that the law of the Commonwealth of Pennsylvania shall apply to any interpretation or application of the validly of Phis instrument FIFTH My executor and trustee shall have the following powers in addition to those vested in them by law and by other provisions of this Will, applicable to all property, real, personal or mixed and wheresoever situate, inducting property held for minors, whether principal or income, exerasable without court approval, and effective, with respect to each item of said property until ac~uual distribution thereof. A) To retain, as investrnents of my estate or trust, any or all assets of my estate, real, personal, or mixed, without regard to any principal of diversfication, and to purchase and acquire real or personal property and to hold any or all of such real and personal property retained or acquired without making the same productive of income. B) To permit the children, or any of them, to oaupy any real estate retained or acquired upon such terms and conditions as my executor or trustee shall deem proper: C) To pay all taxes, charges and expenses of maintenance, upkeep, improvements, development, protection, preservation and investment of any retained or acquired real or personal property, such payments to be made from either prinapal or income as my executor or tnistee shall determine. D) To retain or invest any and all funds, whether principal or income, in any real or personal property without restriction to legal investments; to purchase investments at premiums; to v exercise all rights of a security holder or share holder in any corporation; and to lease, mortgage, pledge, give options upon or sell at public or private sale and without approval of any court, any real or personal property, or portion or portions thereof, irrespective of the manner or the means by which the same was acquired by my said executor or trustee. E) To make payment or distribution herein provided for in cash, kind or partly in cash and partly in kind, at valuations fixed by my executor or trustee at the time of distribution. SIXTH Any and all payment or payments of any sum or sums, whether in cash or in kind and whether for prinapal or income, payable to an heir, or any of them, shall be made upon the sole receipt of the respective individual to whom the payment is made, and free from anticipation, alienation, assignment, attac•,hment, and pledge, and free from control by the aed~ors of any suds benefiaary. SEVENTH I appoint my son, Patrick M. Cosgrove, Execrator of this my Last Will and Testament Should my said Executor fail to survive me or for any reason fail to qualify as Exea.~tor, then I appoint my son, Michael L. Heishman, Executor of this my Last V1(II and Testament IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, consisting of five (5) typewritten pages, the first four (4) of whid~ bear my signature in the margin for the purpose of identific~on, this ~ ~ f~ day of February, 1998. MAR J. SGROVE Signed, sealed, published and declared by the above named testatrix, Margaret J. Cosgrove, as and for her Last Will and Testament, in the presence of us, who, at her request, in her sight and presence, and in the sight and presence of each other, have hereunto subscribed our names as witnesses. ~~ ,-, ,~'~~~~ ~~" 1, ; ~~ ~Yn~f~ ~ ~~ r~ ~- ~~~, j,~.%(/~ ;~, ~ ~~ ~~r~ ~~~ ~'~~ ~''` ` ADDRESS `' ~ ~ l h 1 ADDRESS ~~ 7 ~~L°~°~.~ ~ Q-u°~ ~ ~~72s~~ COMMONWEAL-TH OF PENNSYLUAIVIA SS. COUNTY OF CUMBERLAND ~ /'~ l,t ~ ~~~~~,(,~ and We, Margaret J. Cosgrove, ~/~ C~ . Gh ~, ,the testatrix and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly swum, do hereby declare to the undersigned authority that the testatrix signed and executed the instrument of her Last V1(II and Testament, and that she signed willingly and that she executed as her free and voluntary act for the purposes therein expressed, and that each of the withesses, in the preser>~ and hearing of the testatrv, signed the Will as witr~esses, and that to the best of their knowledge, the testatrix was at the time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. 1l day of C~+~~~~~ , 199 ~ . Swom to and subscribed before me this i I~ J>vnnifiar S. Calamar, ~Joiary Public Carlisle Doro, Cumberland Ccunt~ i ~4v Commission Expires I~loa 29.191)9 a -- ( 11 t. FmHA (NII ]. Conv. UNnr. +. VA Fels Number RE3512 Loan Number 9. Alartaspe Insurance Cox Nunmor C. Ttria form u Nmiabed m taw you • atmmam ar artuat wmamom as W. Amounts paid is and by Ob wlNmam spent ale anawn. Items muhed'(p.o.el' were PaN outliCe of Ma damn • ere aro ahvwn naro fer bfamutipttl Na and aro rtel'arrorde0h dte mtab. ~. Name and Addrora 4 Bonewer. E. Noma and Addreu d Suter. F. Nrma antl A4tlroN of fonder. BARBARA S. B. BARRY ESTATE OF MARGARET J. COSGROVE N!A 716 OLSON DRIVE PATRICK M. COSGROVE, EXECUTOR CARLISLE, PA 17013 G. Proporty luaean N. Senbmsnl ApanC 58 PARTRIDGE CIRCLE, CARLISLE, PA 17013 Fiolrrer Law LLC NORTH MIODLETON TOWNSHIP P4aeatsomstnnc CUMBERLAND COUNTY 10 West Hlgh Straet 100 GroaaAmounet]wFromtbrtower +OO~OroasArrouiteQwTo~8a0ar tot Cantntaaatapllce 131,900.00 +01 Conlnutsabaprke 131,800.00 102 ealaonalpreputlf +02 PatNtW aaPeM lo]samamamWrpesham(Grs1400) 2,697,69 407 cw +a+ cos Stettlement charges from Addendum 555.00 cps Atl/traanenb Rtrdentr paid 0y mlferh aWanoac Ad(uumertb Ibr(lellu pei! ay sa07fh advarta: 09 Cdylmwr faxes Taeln to tzrsuit 159.20 +99 cnyr~mwt IutrIR9ry1 m Iznutt 159.10 07 County taros 407 Oounty taros oe AaNwnema +ae Aawwronta oa ~ to 9dtoa taou~7178ftt mtlnartz 1,349.89 itO Sdtoal Lama 7/ze/tf In 9y3tY12 1,349.89 11 411 tz ASSOCIATION DUES PRORATION 10.82 +u ASSOCIATION DUES PRORATION 10.62 zo orwaAmaurrtt]rrFramBorrewsr 156,872.59 ==ca~nc~~~o +ztl`tirossAmauMDrwto9tar 133,419.71 09 AmounuPaidayOrlna.hot-tNBorrawar 9t Oapsa0araamahmorlay D2 PAndpal amaurd of now btn(y"' 03 tirdaMrp ban(at laken rublad tD 0+ JS a7 118 os AQwenartb larltrrrta apNd 6Y w0sr 10 CayRawttaru t/Vtt to 7ld5111 I t Cautyf Lava IZ NNaamama t5 t+ sdwat toss. ntm b rrmlt t Is Ia tr ce ce t0 Toot Paid BylFar tlonovwr 10,922.44 Foaar~clAt.Fl~oolrt~ 48,873.43 509 Settlement charges from Addendum 4rQrabinnfa farkama upaW DysaUar St0 CdyROwn taros 111111 ~ ~ m 7rt9111 St 1 County taros 512 N.ewnmr sts Sf+ Sdmel tmua 7/U11 m 7fI&11 sti ste 319 1,000.00 szo Tom wmlctlam ro amt t]w s.oar =_====~s==== 1,072.00 58,687.87 t0 Gah At 9aMsn+erd FrartYro aorrewtl: 900 Gah At 9atWrrwnt TelFrom 9a W r. t2rroNa+nauntduo0omhortawar(Onetzal 136,672.59 901GroNantwutlbw0uhan(Ons+z0) 133,419.77 t2 laN amounu paid ttyROr bamlwar (ham Ma 2201 1 000.00 aaz- CON ramrNOru ut amount due aa0sr (from une szo- 58 667.87 u Cash pq From () To aorrowsr 135,872.59 9W Gah ( I From (It) To 8altar 74,751.84 oe=.==~oo_co=3o ~=c~__c~=co~~~ 500 RadueOon~ N Amouet Otr To SsOrr 1,000.00 so) Enma~d~pnalt(aae6aeuptcnai 602 Saaterrlam chalpea b aetar(Erm 1+00) 50,7 Eda~0loan(q taken um{eA to 501 PnyaB m f6i1 mutpape loan 505 PsyoM o1 aeaond mwtpapa lout 509 507 505 1r10L1a Papa t af+ IM1NaIa rnra bassd oo pAca: 131,900.00 @ 8% rot `- --- 3,957,00 m ERA-NRT, INC. roe 3,957.00 m RFJMAX DELTA GROUP ro7 comm~+ronpWesetlteeent ra TRANSACTION FEE TO REIMAX DELTA GROUPlBROKFJi ADMINISTRATION FEE TO ERA NRT, INs ~. ,.r., _ ,_ _~ ~.~ -- - _ _ _. _ _. .. eao Items;payabia jn~Conrects'ori 1Mlhloan :: _ -_~ .....: _ . : - -..... _ (YottWCe A~ 0.00{ Taal ~ti ltnee 801 0~ouph 808: 0.00 8D1 OurmtBtnadar ha i - (ham cFE lt{ 802 Youraadaar0.+e~(pe~+blmrOw~Pednommroctnled~oun 3~ thanGFEe2) 8W vaoe~uetedod~nstronduu9ee ltrcmoFEa{ BOd Aytpnlul hrr m them cFE N) 808 paddnpaRm tlMmaFEpt BOe Tsi seMw b (!mm aFE dc1) 807 Food mr:8ke8an m (ham GFE sl) 800 _. ~ - r -_ ~• M^ -, - aoo:;i6erna:Ra49~ladBjl~.nde~Tve~Petattrgdvahce . --.__ .. ,.. _. .: - - - "-=--'- _._ .. --•-- ~,~, as,~~eroee ze.-rrhtt m ~o.uooao tB0rtloFEno{ ~ Bog MmlpeBetnmuioePrem'emrw mon8um (aamaFEpl 903 Naanrinsma~w 1 yearom jtrmn0FEh1{ 808 .. _ ~,.. ctam~Re~erves;oepoett!>dwlthC.~~a ~' _,.~:~. _ _._ .,,,: ,. _. 100+ tna4rdepsrnantroureeaawaoaem+t te«,;cFEw{ 1002 ifomsaensh lns,uma mac. ® permeMh tOW 8~B•0e w eras. @ Fer month ~; ® 1008 Ftttpedy tam. permantl~ f0osed~serlame maa ® pefnwnth 1008 mos. @ permerte 1001-AGOt'oOd.Ad{uWmm _,_._.. ... -:. -- '_... _..,_.., -. .r. .1~ho,;TttlrChejr9es._ ,a-,. _.~. ..~ _....: ~ _a.. ... ,_.._<._.~_.. .~ _ - .- 1t01TiCoSmv6eaeindbndafs6lelnwamw thamcFE84- t1m ~~~~ryeih,ohe FLOWER LAW, LLC S - i 440.50 tm,m cFE 831 t 103 o~,,,mr. tlde mwrsnw u i - tneuronw n of u,wds m nrss Laadere e7Gs po0c7 mrdl i - 1108 OsmehtOrepsOryimd S 131,tt00.00 S 308.35 I for llasnte paNan of fatal t8fs inrursnae P+~ 13215 S t+aeu~areehpnnrohart~nYntietrta+i.ncapA",:u+"^ _ ` _ -_ _~ ,__ , . FC.hel~gBB~_ -.-~_:-~ 'iaat;ciovemmontlte_cotsfing,anrk•'~anaf`e _ _ _. ~~ - 1201 Gmtemmo~i/Neoon9Ra ~~ 1202 Osed s6Z.00 MaR0a8e f Reksws 1207 TmahrTsras f t2od cynpanryl~ used E1,319.00 8rort0e0r. t2os subt.,ruanps: oaaa 51,319.00 Mo~aOS: 5 t2oa _ _.. i~anKCjiergae._ . ~., _.`~..~__. __ faoo: AdtlCftollti~Salt~e ~ _.._. .' _ '- _ . _ (from GFE #e) t7o1 rtea~senwaubireean.nophr 1302 Peettnspec0en e+ t30] C,aradTamsdwhomBandrstrSaOsrbtiahhlKSaOSNretipr,T~CeBecmr 13a FINAL WATER AND SEWER; CHARGES TO NMTtUA • ACCT N0.1300003d Funds er 300.00 0.00 0.00 hid Fram 7a1 9e0sta Fuide er 701 .nmmom 702 7,914.00 ms 195.00 rod 801 eo2 803 ea 805 808 807 808 _~ Bot Bog 803 o.od I I t~1 _, _ :~~ trot 578.38 ++~ 440.50 +1m ~- - -- - - -- 'ii"od', t2ot s2.ao 1202 120] 1,319.00 tea 1,319.00 t2os - -- - - t301 not 1,449.15 13ot 45.29 ua t3or 2,597.88 10,922.44 ~4a I direct and authorize Frey & T1ley to make distributions indicated for my account on the attached HUD-1 Settlement Statement, approving the tax proraflons indirated (herein, and understand that proretlons were based on flgures for the preceding year, or eat€mates for Ute current year, and in the avant o(eny change for the currant year, all necessary adjustments must be made between Seller and Borrower aired; likewise any DEFICIT in delinquent taxes will be reimbursed to Fray 8 Trley by Seller. I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge end belle(, it is a true end accurate statement of all receipts and disbursements made on my atxaunt or by me in this transaction. I further certify that I have received a copy of the HUD•1 Settlement Statement. BARBARA S. B. BARRY ESTATE OF MARGARET J. COSGROVE PATRICK M. COSGROVE, EXECUTOR To the best of my knawledge, the HUD-1 Sellement Statement which I have prepared is a True and accurate account of the funds which were received end have been or will tre disbursed by the undersigned as part o} the settlement of this Uansadian. Jub 26. 2011 Frey & Tlley, Settlement Agent Page: of ~ Date Cohpar<aalra~GoadFplthiEs~1!?tate':It3FE).a;<dtiUD-l:Gflar6es _ : _.. - ,; Good.Filth.eepmate._...:...!!UO~1~--- Charges That Cannot Increase HUD-t Llne Number Our originaBan charge • ear 0.00 Your credit ar charge (painesy for the spedfic Interest rate chos s eo: 0.00 Your adJusted origination charge s soa 0.00 Transfer taxes s t:a 1319.00 .w1.a['6t?!tl. ~.~ ~t1LT~~C~I{-CQC1ttCrB-dQ.B.jIAtItB,TF18n 10~i_:.'..:: ~- ~_.. _ _ ..~ OOOd Faith Eetlma~e ' ~_ trUD~t_,.~ ~,i Gorvemment recording charges s tsar 62.00 Appraisal Fee sea Credit Repoli few Tax Service Fee sam Flood Certlftwllon Reor 0 s 0.00 62.00 C[~a[gtii-?~hetCen:Charf9a_. ,-- °¢ - -- _._-; _ aoodF,StIM~Etit(nwte_-._-,HUQ•1..._.__, Initial deposit for your escrow aooount s tool Dally Interest charges seat ~ o.aaota lday Homeowners Insurance + eon True Services and Lenders T1Ua Ins. ntot Owners Coverage n tos s ~aan Terms Your lnltlal Lean amount Es S Your lean tantt Is ears Your Inltlal Intsrest rate h Your GUtlrd monthly amount owed for pdnctlpal, Isteresl, and Indudes artymortgaselnaursncala ~ Principal ~_ Interest Mon a e insurance Can your Intarogt rtno Ass? _ No _ Yes, It Can rise to a maximum of _%. The first change will 6e on and can change again every after . Every change dale, your Interest rate Can increase or decrease by _Ys. Over the life of the loan, your interest rate is guaranteed to never be lower than °/a or hi her then %. Evan H ou maks manta on Nmo can our loan balance rlast No Yes it can rise to a maximum of S Evan lfyou moka payments on pme, wn your monthly _ No _ Yes, the first increase can ttt- on and the monthly amount amount awed far nil Intersa and m Insurance rlas9 owed Can rise to S The maximum it can ever rise t0 is S peso ur lean have a art No Yes our maximum re e ment anal is 3 pees yourloan have it balloon psymontR _ No _ Yas, you have a balloon pahment of S due in ears on Total monthly amount owed Incrudinp aseraw acwum paymenea _ Yau do not have a monthly esuow payment far items, such as property taxes and homeowners insurence. You must pay Ihesa items directly yourself. You have an additional monthly escrow payment of 30.00 that reaulls in a total InlUal monthly amount awed of S .This inGudes prindpal, interest, any mortgage insurence end any items checked below: Progeny taxes _ Homeowners insurance Ftcad Insurance _ Note: If you have arty questions about the Settlement Charges and Loan Terms listed on this form, please contact you lender. vase ~ or• Huo-l REGULAR SAVINGS ACCOUNT: Account Number/Suffix 101155-00 Date Account Established 03/30/1988 Principal Balance at Date of Death $251.71 Accrued Interest to Date of Death $.02 Total Principal and Accrued 'rnterest $251.73 Name of Joint Owner None CHECKING ACCOUNT: Account Number/Suffix 101155-11 Date Account Established 03/30/1988 Principal Balance at Date of Death $3,770.55 Accrued Interest to Date of Death $.08 Total Principal and Accrued Interest $3,770.63 Name of Joint Owner None M ERS 11STA1F QEDAER L T UNION ~~/~-- Danielle A. Kline Lending Insurance Support Specialist August 4, 2011 Estate of: Margaret J. Cosgrove Date of Death: 03110/2011 Social Security Number: 172-26-7600 _ _ ~= o~i ~- 5000 Louise Drive P.O. Box 40 Mechanicsburg, Pennsylvania 17055 ° (800) 283-2328 ° wwwmemberslst.org Daniel W. Stott 157 South Hanover Street Carlisle, Pennsylvania 17013 Phone (717) 243-8077 Fax (717) 243-1748 StottD(c~,HDvest. net Baric and Scherer C/O David A. Baric 19 West South Street Carlisle, PA 17013 (717)249-6873 September 20, 2011 RE: Estate of Margaret J. Cosgrove S.S. # 172-26-7600 Date of Death: March 10, 2011 Dear David: As of March 10, 2011, Margaret J. Cosgrove had 3 accounts with my office. The first account titled in her name only, with the fund name: DWS Balanced Fund-A was an IRA. The NAV (Net Asset Value) was $9.23 a share and she held 2755.16 shares, equaling a $25,430.13 DOD value. The second account titled in her name only, with the fund name: DWS High Income Fund-A was an IRA. The NAV was $4.90 a share and she held 2496.526 shares, equaling a $12,232.98 DOD value. The third account titled in her name only, was a Non Qualified Annuity through Zurich American Life Insurance Company. The DOD cash value was $ 36,274.81. The DOD Death Benefit value was $51,238.43. If you have any further questions please contact me by phone or in writing at (717) 243-8077 or 157 S. Hanover St. Carlisle, PA 17013. Thank you. Sincerely, i~ Daniel W. Stott Securities offered through H.D. Vest Investment Services, 6333 North State Highway 161, Fourth Floor Irving, TX 75038, (972) 870-6000 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, vlz: Apri18 April 15, and April 22, 2011 _ Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. /~ Cosgrove, Margaret J. a/k/a Mar- garet Cosgrove, deed. Late of Cumberland County. Executor: Patrick M. Cosgrove. Attorneys: David A. Baric, Es- quire, Baric Scherer, 19 West South Street, Carlisle, PA 17013, (717) 249-6873. ~,is Marie Coyne, Edi~or SWORN TO AND SUBSCRIBED before me this 22 of April, 2011 ~• Notary ~~~ NOTA.RIN.L ~ERL DEBGRAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUP~TY My Commission Expires Apr 28, 2014 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Taclcie Cox, Retail Sales Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13,1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): April 1, April 8 and April 15, 2011 COPY OF NOTICE OF PUBLICATION ` ESTATE NOTICE . ` Letters Testamentary m the Estate of MARGARET J. COSGROVE a/k/a MARGARET COSGROVE, late of Cumberland County we~e`granted to Patrick Nl. Cosgrove on March 24, 2011':' - All persons knowing themselvesto be indebted to said Estate are requested to make immediate payment and those having claimswill present them, without delay, to the untle~signed: David A.'Banc Esquire: :Banc Sctie~er 79 West South Street Carlisle PA 120:43 (717) 249-6873: Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. and subscribed before me this Notary Public My commission expires: NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY ivly Commission Expires Jan 27, 2014 $77,860.71 balance of account $-2,000.00 remaining attorney fees/costs $75,860.71 balance for distribution $5,000.00 distribution to Hannah Cosgrove $5,000.00 distribution to Grace Cosgrove $5,000.00 distribution to Jack Cosgrove $5,000.00 distribution to Michelle Randalls $5,000.00 distribution to Chris Heishman $5,000.00 per grandchild out of each son's share ($15,000.00) for Patrick ($10,000.00) for Michael $22,930.35 to Patrick Cosgrove $27,930.35 to Michael Heishman EXHIBIT "B"