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HomeMy WebLinkAbout07-17-12 DECEDENT' S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF MADELINE G. FOLTZ, DECEASED NO. 21-11-600 PETITION FOR ADJUDICATION / STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa.O.C. Rule 6.9 This form may be used in all cases involving the Audit of the Account of a Decedent's Estate. If space is insufficient, riders may be attached. Attach the spouse's election, if any; the papers required under items 8-19 inclusive; and any instrument pertinent to the adjudication. CLUDE ATTACHMENTS AT THE BACK OF THIS FORM IN n Name of Counsel: Wayne F. Shade, Esquire ~ ~ , ~, r` k ' Supreme Court ID: 15712 s- "' 1' ~~ '~ Address: 53 West Pomfret Street ~~} ~ `_-, :' Carlisle, PA 17013 ~ sf r~ Telephone: 717-243-0220 ~ ~~ Fax: 717-249-0017 Estate of Madeline G. Foltz, Deceased 1. Name(s) and address(es) of Petitioner(s): Name: Robert Foltz Address: 1900 Douglas Drive Carlisle, PA 17013 Identify any executors or administrators who have not joined in the Petition for Adjudication and Statement of Proposed Distribution and Account and state reason: None Is this the first accounting by this fiduciary? .. • • • • • • • • • • • • • • • X Yes No If not, identify prior accountings, the accounting periods covered, and the date of adjudication of the prior accounting. 2. Decedent died on April 24, 2011 X Letters Testamentary or Letters of Administration were granted to Petitioner(s) on May 20, 2011 Date of Will (if applicable): March 12, 2011 Date(s) of Codicil(s) (if applicable) Date of probate (if different from date Letters granted): May 20, 2011 Was a bond required? Yes X No If yes, state amount: Are proofs of advertising of the grant of Letters attached? ...... X Yes No Dates of advertising of the grant of Letters: Cumberland Law Journal: June 3, 10, and 17, 2011; The Sentinel: June 2, 9, and 16, 2011 Yes X No 3. Was decedent survived by a spouse? ..................... . If yes, name of the surviving spouse: 4. Has the surviving spouse filed to take an elective share? .. • (See ~ 2201, et seq., of the Probate, Estates and Fiduciaries Code) If yes, date of election: Yes No -2- Estate of Madeline G. Foltz, Deceased 5. In the case of an intestacy, state the names of the decedent's surviving children or surviving issue of deceased children (if none, so state): 6. Did decedent marry after execution of Will or Codicil(s)? ...... Yes X No Were any children born to decedent after execution of Will yes X No or Codicil(s)? ........................................ . If yes, give names and dates of birth: Name: Date of Birth: 7. If required by the Medical Assistance Estate Recovery Act, 62 P.S. § 1412, was a request for a statement of claim sent to X yes No the Department of Public Welfare? ....................... . g. Written notice of the Audit as requiredtbisted ~ t m 9 be ow, alhunpa dg reditorsn or will be given to all parties m mteres and all claimants listed in item 10 below. In addition, notice of any questions requiring Adjudication as discussed in item 14 below has been or will be given to all persons affected thereby. A. If Notice has been given, attach a copy of the Notice as well as a list of the names and addresses of the parties receiving such Notice. B. If Notice is yet to be given, a copy of the Notice as well as a list of the names and addresses of the parties receiving such Notice shall be submitted at the Audit together with a statement executed by a Petitioner or counsel certifying that such notice has been given. C. If any person entitled to Notice is not sui juris (e.g., minors or incapacitated persons), Notice of the Audit has been or will be given to the appropriate representative on such party's behalf as required by Pa.O.C. Rule 5.2. D. If any charitable interest is involved, Noed under Pa.O~C. Rue 5 5 ~In ill also be given to the Attorney General as requ addition, the Attorney General's clearance certificate (or proof of service of Notice and a copy of such Notice) must be submitted herewith or at the Audit. -3- Estate of Madeline G. Foltz, Deceased 9. List all parties (charitable and non-charitable) of whom Petitioner(s) has/have notice or knowledge, having or claiming any interest in the estate as beneficiaries under the Will or Codicil(s) or as intestate heirs if there is a complete or partial intestacy: A. State each party's relationship to the decedent and the nature of each parry's interest(s): Name and Address of Each Parry in interest Robert L. Foltz, Jr. 1900 Douglas Drive Carlisle, PA 17013 Marcy J. Foltz, a minor, born June 7, 2004, whose parents and natural guardians are the aforesaid Robert L. Foltz, Jr. and Kimberly M. Foltz, who reside with the minor heneficiarv at the above address relationship and Comments, if any Interest Son Tangible personal Granddaughter I Residue B. Identify each party who is not sui juris (e.g., minors or incapacitated persons). For each such party, give date of birth, the name of each Guardian and how each Guardian was appointed. If n name raddresss and re apionshap of ea h. the next of kin of such party, giving the , C. A Petition for Guardian/Trustee Ad f i~ a royal to distribute the residue of because the accountant is asking the court pp the estate to a sequestered, federally insured account, in the name of the minor beneficiary and because the minor beneficiary is adequately represented by the parents and natural guardians of the minor beneficiary. D. If distribution is to be made tlace oferrantof Letterst atnd type of Lette s party, state date of death, date and p g granted. 10. Other than the claim for the family ex ~~ Whether each lainm is admitted n claimants and the amount of their claims and sta Name and Address of Each Claimant Amount of Claim Claim Admitted? pa~id~n Ful~e Yes Yes None No No Yes Yes No - No -4- Estate of Madeline G. Foltz, Deceased If the estate is insolvent, attach a schedule setting forth the order of preference under 20 Pa.C.S. § 3392 and the proposed payments. 11. Was family exemption claimed? .... ..................... Yes X No Was family exemption allowed? .... ........ • • • • • • • • • • • • • Yes No Family exemption claimant's name and relationship: Name: Relationship: 12. The amount of Pennsylvania Transfer Inheritance Tax and additional Pennsylvania Estate Tax paid, the date(s) of payment(s), and the interest(s) upon which paid, are, as follows: Date ,.y,,..,, •. July 20, 2011 $1,500 Interest 13. On the date of death, was decedent a fiduciary (personal representative, trustee, guardian, agent under power of attorney), or surety on the bond of a fiduciary? .............. Yes X No If yes, provide the name of the estate, indicate whether an account has been filed and confirmed absolutely and all awards performed, or, in the alternative, how the decedent's estate will be discharged for the decedent's fiduciary administration of the estate. 14. A. Describe in detail any questions requiring adjudication and state the position of the Petitioner(s) as to each question: None B. Has notice of the question requiring adjudication been given to the parties identified in item 9 above? ............. Yes No 15. If Petitioner(s) has/have knowledge that a share has been assigned, renounced, disclaimed, or attached, provide a copy of the assignment, renunciation, disclaimer, or attachment, together with any -relevant supporting documentation. 16. Had the decedent been adjudicated an incapacitated person? ... Yes X No If yes, attach a copy of the Order if available; otherwise state the court, term, number, date, and name of hearing judge. -5- Estate of Madeline G. Foltz, Deceased 17. A. List or attach a separate list of additional receipts and disbursements since the closing date of the Account. None B. Has notice of the additional receipts and disbursements been given to the parties identified in item 9 above? .......... Yes No 18. If a reserve is requested, state amount and purpose. Amount: $450 Purpose: Filing fees If a reserve is requested for counsel fees, has notice of the amount of fees to be paid from the reserve been given to the X Yes No parties in interest? ................................. . If so, attach a copy of the notice. 19. Is the court being asked to direct the filing of a Schedule X Yes No of Distribution? ......................•••••••••••••••• As to real estate only? ................................ Yes X No Wherefore, your Petitioner asks that distribution be awarded to the parties entitled and suggests that the distributive shares of income and principal (residuary shares being stated in proportions, not amounts) are, as follows: A. Income: -6- Estate of Madeline G. Foltz, Deceased B. Principal: Proposed Distributee(s) AmountlProportion Robert L. Foltz, Jr. $1,150.00 Marcy J. Foltz $30,000.23 Submitted By: (All petitioners must sign. Add additional lines if necessary): Robe Folt Verification of Petitioner (Verification must be by at least one petitioner) The undersigned hereby verifies that the facts set forth in the foregoing Petition for Adjudication /Statement of Proposed Distribution which are within the personal knowledge of the Petitioner are true, and as to facts based on the information of others, the Petitioner, after diligent inquiry, believes them to be true; and that any false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). Date: July 13, 2012 Robe tz -7- Estate of Madeline G. Foltz, Deceased Certification of Counsel The undersigned counsel hereby certifies that the foregoing Petition for Adjudication /Statement of Proposed Distribution is a true and accurate reproduction of the form Petition authorized by the Supreme Court, and that no changes to the form have been made beyond the responses herein. Date: July 13, 2012 ~~ ~~~ Wayne F. Shade, Esquire r Counsel for Petitioner -8- IN RE: ESTATE OF :THE COURT OF COMMON PLEAS OF MADELINE G. FOLTZ, :CUMBERLAND COUNTY, PENNSYLVANIA Deceased, Late of the :ORPHANS' COURT DIVISION Borough of Carlisle Cumberland County, Pennsylvania : NO.21-11-600 NOTICE OF FILING ACCOUNT AND STATEMENT OF PROPOSED DISTRIBUTION NOTICE is hereby given that the First and Final Account of Robert Foltz, Executor of the Estate of Madeline G. Foltz, Deceased, and a Statement of Proposed Distribution of the balance of the assets of said Estate will be filed in the Office of the Register of Wills of Cumberland County, Pennsylvania, on or before July 27, 2012, and that the same will be called for confirmation on August 28, 2012, at 9.3Carli el Penndselvanaaeat which hme and place you may of the Cumberland County Courthouse, y appear, either in person or by counsel. Copies of said First and Final Account and Statement of Proposed Distribution are enclosed herewith, and the originals as filed may be inspected in the Office of the Register of Wills of Cumberland County, Pennsylvania, at anytime prior to their presentation for confirmation. Unless objections to said First and Final Account or Statement of Proposed Distribution, or both, are filed in writing not later than 9:00 A.M. (prevailing time) of the date fixed for confirmation thereof unless otherwise permitted by the Court prior to confirmation, said First and Final Account will be confirmed; and distribution will be ordered according to the enclosed Statement of Proposed Distribution. If you have no objections to the enclosed, you do not need to appear in court at the time of confirmation. // Date: July 11, 2012 "" -tic.C Wayne .Shade Attorney for Accountant NOTICE TO: Robert L. Foltz, Jr. 1900 Douglas Drive Carlisle, PA 17013 Marcy J. Foltz 1900 Douglas Drive Carlisle, PA 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND 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, June 3 June 10 and June 17 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. c l sa Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 17 of June, 2011 ~ Notary Foltz, Madeline G., deed. Late of 1910 Sterretts Gap Ave- nue, Carlisle. Executor: Robert Foltz, 1900 Douglas Drive, Carlisle, PA 17013. Attorney: Wayne F. Shade, Es- quire, 53 West Pomfret Street, Carlisle, PA 17013. NOTARIAL SEAL DEBORAH A COIUNS Notary PuClic CARLISLE BOROUON, CUMBERLANG COUNTY My Commission Expires Apr 28, 2014 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tackie Cox, Sales Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13~, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): June 2, June 9 and Tune 16, 2011 COPY OF NOTICE OF PUBLICATION ~. EXECUTOR'S NOTICE Letters Testamentary on the Estate of MADELINE G. FOLTZ, I~te of 1910 ' Sterretts Gap Avenue, Carlisle, Cumbe(land County, Pennsylvania, deceased, have been gran3ed to Robert Foltz. AN persons knowing themselves to be indebted to said Estate shall make ,payment immediately, and those having claims will present them for settlement to: Robert Foltz - 1900 Douglas Drive Carlisle, PA 17013 l Wayne F. Shade, Esquire " .'53 West Pomfret Street Carlisle, PA 17013 Attorney 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 t e. ~~~~ Sworn tolI,^,a(n~d subscri Z~ ~V' l/l ~U~~ I W V before me this Notary Public My commission expires: NOTARIAL SEAL BAMBI ANN NECKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY (fly Commission Expires Jan 27, 2014 ~f ~'fr i j i /` i ~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA ORPHANS' COURT DIVISION FILE NO. 21-11-600 FIRST AND FINAL ACCOUNT OF ROBERT FOLTZ, EXECUTOR For ESTATE OF MADELINE G. FOLTZ, DECEASED Social Security #: ~raX ID #: Date of Death: Date of Incapacity. if any: Date of Appointment: Date of First Complete Advertisement:. Accounting for the period: 177-24-6577 April 24, 2011 None May 20, 2011 June 3, 2011 May 20, 2011 to July 11, 2012 Purpose of Account: The Executor offers this Account to acquaint interested parties with the transactions that have occurred during the Administration. It is important that the Account be carefully examined. Requests for additianal information, questions or objections can be discussed with: ~. F • • ' k~~ ~ .. { -! ~~ ~ ~ Q ~ `~ _.S 4 ~ w, ~ ._..... ~ i:~G u V C`-.J Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, Pennsylvania 17013 717-243-0220 Supreme Court I.D. No. 15712 SUMMARY OF ACCOUNT PRINCIPAL PAGE Receipts 3 $70,779.86 Advances for Administration 3 1,600.00 Less Disbursements: Debts of Decedent 4 $9,737.95 Funeral Expenses 5 14,173.59 Administration Expenses 5 6,141.66 Federal, State and Local Taxes 6 3,176.43 Fees and Commissions 6 8.000.00 41 229.63 Balance before Distributions 31,150.23 INCOME Receipts 7 $0.00 Less Disbursements 7 0.00 23 150 $31 COMBINED BALANCE REMAINING . , Verification 8 -2- PRINCIPAL RECEIPTS 4/ 1/11 United States Treasury, social security for March 2011 $1,166.00 5/25/11 M&T Bank, account # 3740560408 2,934.67 0 7/ 1/11 Commonwealth of Pennsylvania, property tax rebate 975.0 8/22/11 Robert L. Foltz, Jr., down payment for the purchase of house and lot of ground known and numbered as 1910 Sterretts Gap Avenue, Carlisle, Cumberland County, Pennsylvania 6,250.00 93 0 8/30/11 Robert L. Foltz, Jr., balance of proceeds of sale of house and lot of ground known and numbered as 1910 Sterretts Gap Avenue, Carlisle, Cumberland County, Pennsylvania . 57,05 91 79 9/ 8/11 Carlisle Regional Medical Center, overpayment of invoice . 9/ 8/11 Carlisle Regional Medical Center, overpayment of invoice 795.00 9/ 8/11 Carlisle Regional Medical Center, overpayment of invoice 3.35 9/12/11 State Farm Fire and Casualty Company, refund of homeowner's insurance premium 261.86 12/27/11 Robert L. Foltz, Jr., proceeds of sale of 1979 Dodge Dynasty 750.00 00 400 12/27/11 Robert L. Foltz, Jr., proceeds of sale of household contents . 14 113 7/ 5/ 12 Pennsylvania Department of Revenue, Pennsylvania inheritance tax refund TOTAL PRINCIPAL RECEIPTS . $70,779.86 -3- ADVANCES FOR ESTATE ADMINISTRATION PRINCIPAL DISBURSEMENTS DEBTS OF 6/14/11 DECEll~N l BMS Performance and Repair, automobile inspection $49.28 6/14/11 Cumberland Goodwill Fire Rescue EMS, ambulance 75.00 service 7/22/11 Cumberland Goodwill Fire Rescue EMS, ambulance 150.00 service 7/22/11 Cumberland Goodwill Fire Rescue EMS, ambulance 84.03 service 7/22/11 Genoptix Medical Laboratory, unreimbursed medical 412.10 expense 7/22/11 Kinetic Imaging, unreimbursed medical expense 95.58 7/22/11 American HomePatient, unreimbursed medical expense 5.75 7/22/11 Moffitt Heart & Vascular Group, unreimbursed medical 13.36 expense 7/22/].1 Three Springs Family Practice, unreimbursed medical 85.81 expense 7/22/11 Millennium Pharmacy Systems, Inc., unreimbursed 31.53 medical expense 7/22/11 Carlisle Regional Medical Center, unreimbursed medical 5.77 expense 7/22/11 Carlisle Regional Medical Center, unreimbursed medical 795.00 expense 7/22/11 Carlisle Regional Medical Center, unreimbursed medical 18.94 expense 7/22/11 Carlisle Regional Medical Center, unreimbursed medical 79.91 expense -4- 8/30/11 Carlisle Regional Medical Center, unreimbursed medical expense 8/30/11 Mateya Law Firm, PC, attorney fee 8/30/11 Sarah A. Todd Memorial Home, nursing home fees TOTAL DEBTS OF DECEDENT FUNERAL EXPEN 5~5 8/30/11 Hoffman-Roth Funeral Hom service 8/30/11 Cumberland Valley Memori 8/30/11 Robert L. Foltz, Jr., reimbur Pennsylvania, Inc., intermer 8/30/11 Robert L. Foltz, Jr., reimbur grave marker TOTAL FUNERAL EXPEL & Crematory, Inc., funeral ~l Gardens, grave marker cement for Osiris Holding of t fees sement for down payment for 1SES ADMINISTRATION EXPENSES 6/ 6/11 Wayne F. Shade, Esquire, reimbursement for $265.50 Probate Cumberland Law Journal, advertise Letters Testamentary 75.00 6/ 7/11 PPL, electric service 6/ 7/11 State Farm Fire and Casualty Company, homeowner's insurance 6/10/11 Diversified Appraisal Services, real estate appraisal 6/14/11 CenturyLink, telephone service 6/14/11 PPL, electric service 6/14/11 State Farm, automobile insurance 1,132.00 1,025.00 5,678.89 $9,737.95 $9,558.59 2,750.25 1,720.00 144.75 $14,173.59 $340.50 51.06 334.00 3 50.00 9.06 95.23 183.63 -5- 6/14/11 North Middleton Authority, water service 86.42 6/29/11 The Sentinel, advertise Letters Testamentary 200.16 7/19/11 North Middleton Authority, water service 82.30 7/19/11 York Waste Disposal, trash removal 48.54 8/15/11 Mark K. Keller 1,875.00 8/15/11 Mark K. Keller 420.76 1/ 5/12 Robert L. Foltz, Jr., reimbursement for advance for administration 1,600.00 1/ 9/12 Register of Wills, file inheritance tax return 15.00 7/11/12 Register of Wills, reserve for filing Account, etc. 450.00 6 TOTAL ADMINISTRATION EXPENSES $6,141.6 T ~~wT T'AV~C r r;llt;KAL, ~ t ti i ~, H1V L Lvl.tiL T ntiLv 500.00 $1 7/20/11 Register of Wills, estimated inheritance tax , 7/22/11 Robin K. Sollenberger, Tax Collector, per capita tax for 11.00 2011 8/22/11 Robin K. Sollenberger, Tax Collector, 2011 school real 1.665.43 estate taxes TOTAL FEDERAL, STATE, AND LOCAL TAXES $3,176.43 FEES AND COMMISSIONS 7/11/12 Robert L. Foltz, Jr., Executor's commission 7/11/12 Wayne F. Shade, Esquire, attorney fees TOTAL FEES AND COMMISSIONS $4,000.00 4.000.00 $8,000.00 -6- INCOME RECEIPTS $0.00 None TOTAL INCOME RECEIPTS $0.00 INCOME DISBURSEMENTS $0.00 None TOTAL INCOME DISBURSEMENTS $0.00 -7- VERIFICATION ROBERT FOLTZ, Executor of the Will of Madeline G. Foltz, Deceased, hereby declares under oath that he has fully and faithfully discharged the duties of his office; that the foregoing First and Final Account is true and correct and fully discloses all significant transactions occurring during the accounting period; that all known claims against the Estate have been paid in full; that, to his knowledge, there are no claims outstanding against the Estate; that all taxes presently due from the Estate have been paid; and that the grant of Letters Testamentary and the first complete advertisement thereof occurred more than four months before the filing of the foregoing First and Final Account. This statement is made subject to penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. Date: July ~, 2012 Rob rt Folt -8- IN RE: ESTATE OF :THE COURT OF COMMON PLEAS OF MADELINE G. FOLTZ, :CUMBERLAND COUNTY, PENNSYLVANIA Deceased, Late of the :ORPHANS' COURT DIVISION Borough of Carlisle Cumberland County, Pennsylvania : NO. 21-11-600 STATEMENT OF PROPOSED DISTRIBUTION The Executor proposes to distribute the entire balance of the Estate for distribution under the provisions of Article I of the Last Will and Testament of the decedent, as follows: 1. Robert L. Foltz, Jr., proceeds of sale of 1979 Dodge $750.00 Dynasty 2. Robert L. Foltz, Jr., proceeds of sale of household contents 400.00 3. Farmers and Merchants Trust Company in a federally 30 000.23 secured sequestered account in the name of Marcy J. Foltz TOTAL $31,150.23 I, ROBERT FOLTZ, Executor of the Estate of Madeline G. Foltz, Deceased, hereby declare under penalty of perjury that the foregoing Statement of Proposed Distribution is true and correct to the best of my knowledge, information and belief. Date: July 13, 2012 Rob rt Folt LAST WILL AND TESTAMENT OF MADELINE G. FOLTZ I, Madeline G. Foltz, of 1910 Sterrets Gap Road, Carlisle, Cumberland County, Pennsylvania, being of sound mind, make this my will. I revoke any other wills or codicils to wills made by me. ARTICLE I. DISTRIBUTION OF MY ESTATE A. I give my tangible personal property totm elude other money or stogk cert f ates property includes stamp or coin collections but does no or other evidences of intangible rights or interests. Tangible personal property does not include any property that is held primarily for investment purpos interest at the t me of my dea h y business in which I may be engaged or in which I may have any B. I give the residue of my estate to my granddaughter, Marcy J. Foltz, a minoestate, my intention that my granddaughter Marcy J. Foltz inherit the entire residue of my including my residence. ARTICLE II. PAYMENT OF EXPENSES AND OTHER CHARGES I desire a modest Christian burial. I direct my Executor to pay for my burial expenses (including the cost of a monument or marker). The estateer thisrwillc shall alsolbe paid as a costof on my death (including only taxes on assets passing and ) administering my estate and my Executor shall not request any beneficiary to pay any such tax. ARTICLE III. MISCELLANEOUS PROVISIONS Matters of Interpretation. For simplicity, I have expressed pronouns and other terms in one number and gender, but where appropriate eadine s are for convenience and shalldno affect include the other number and genders. The bold h g interpretation. ARTICLE V. APPOINTMENT OF FIDUCIARIES AND POWERS A. I name my son, Robert Foltz, to be my Executor. It is my desire for the Executor to be remunerated according to local custom. In the1 Vof Carlisle, PA,Rtos erveoas Executolr. If unwilling to serve, I name Mark A. Mateya, present y M.G.F.. Page 1 of 4 administration of my estate or any trust springing he ie froom f mulEbecutor or my Trust e dedem ~i where my Executor or my Trustee is unable to qual fy, Y necessary for any other reason, I give to my Executor and my Trustee the power to designate any individual or corporation with trust powers to serv c r thbe re uired of any Executor o Trustee, Executor's or my Trustee's stead. I request that no se Y q will including an Executor or Trustee named pursuanetoneeorr onedsnacting at thetimenexceptnwhere to my "Executor" and my "Trustee" are to th otherwise specifically provided. B. Any individual who serves as Executorwriethersorenotasubh d vidu 1 receives reasonable compensation for his or her services and, compensation, shall be entitled to be reimbursed for expenses incurred for such services. C. I grant my Executor and my Trustee the powers seT~stee may merge anY §§ 3311-3332 and 20 Pa.C.S. §§ 7771-7780 respectively. In addition, my trust under this will with any trust having the same trus~reuesanudndcbth~twill is so smalldthat~ n the provisions. If at any time after my death the size of any Trustee ma terminate the trust opinion of my Trustee, the trust is uneconomical to administer, my Y and distribute the assets to the person or persons authorizho is al o an income beneficiary of the shares as my Trustee may deem appropriate. No Trustee w trust at issue shall exercise any discretion granted in the preceding sentence. MYadultuterson with Trustee may distribute tangible personal property passing to a minor to any p whom the minor resides, and that person's receipt shall be a sufficient voucher in the accounts of my Executrix and my Trustee. 1J. It is my desire that my Executrix or atate the being familiar with my affairsa consult with Mateya Law Firm in the handling of my es Y ARTICLE VI. DEFINITIONS The following definitions shall be applicable to all of the provisions of my Will except where otherwise specifically stated: 1. The use of the masculine shall include the feminine or neuter and the use of the singular shall include the plural, and vice versa. 2, The term "estate," where appropriate, shall include any trust hereunder. M.G.F.. Page 2 of 4 The term "minor" shall mean an individual who has not attained the age of twenty- one years. 2011. Executed this ~_ ~ ~ day of ~' dc~,E, 'LC. __~, Ma in G. Foltz Si ned, sealed, published, and declared for and as his La Vtewri his presence a d at his request g in our presence, we all being present at the same time; an , d in the resence of each other, have subscribed our names as witnesses whereof, all on the date an P last above written. ~~~~ 1,~.~~~ r, ' ~ ,~c. ~%L, OF ~ ~ ~- ~ ~ __ ~ `~ ~'~\~ ~~~ 1~ M.G.F.. Page 3 of 4 COMMONWEALTH OF PENNSYLVANIA CUMBERLAND COUNTY : to wit: Before me, the undersigned authority, on this date personally appeared Madeline G. Foltz, and ~~ ~ ~ .~ ~ , 'n~~ T,~T ,and ~~g ~. y'~ .'v! "i~E~ ~- F~- known to me to be the testator and witnesses, respectively, whose names are signed to the foregoing instrument and, all of these persons being by me first duly sworn, Madeline G. Foltz, the testatrix, declared to me and to the witnesses in my presence that said instrument is her Last Will and Testament and that she had willingly signed and executed it in the presence of said witnesses as her free and voluntary act for the purposes therein expressed, that said witnesses stated before me that the foregoing Will was executed and acknowledged by the testator as his Last Will and Testament in the presence of said witnesses who in her presence and at her request and in the presence of each other did subscribe their names thereto as attesting witnesses on the day of the date of said Will and that the testatrix, at the time of the execution of said Will, was over the age of eighteen years and of sound and disposing mind and memory. Witness Sworn and acknowledged before me by MADELINE G. FOLTZ, the testatrix, '~'l~ '1 ~ ~ A ~~ ~ ,witness, and n1-3 ~ ~ l~~' `~~~ ~'~ ~ ~ witness, this /_~ ~ day of ~ C~.yC~ , 2011. t _~ ~- ~~ ~ r -~i/r~_ ~,; ,~~ A/ E I G. FOLTZ .-- ~~~ ~~f. W't ess ~ Notary Public Oh1P~;ONWEALTH OF PENNSYWANIA My commission expires: Page 4 of 4 i Notartal Seal Frances A. Aumiller, Notary Public 1 South Middleton T,vp., Cumberland County My Commission Expires March 16, 2014 Member. PennsY?vania ~iss!xiation of Notaries M.G.F..