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Home My WebLink About07-24-12'~~/ '7t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. ORPHANS' COURT DIVISION FILE NO: 21-11-0429 FIRST AND FINAL ACCOUNT OF Joan T. Shearer, Executrix For ESTATE OF CHESTER B. HOLLINGER, SR. A/WA CHESTER B. HOLLINGER Social Security #: 204-18-6974 Tax ID #: 45-6211559 Date of Death: March 26, 2011 Date of Incapacity, if any: None Date of Executrix Appointment: April 4, 2011 Date of First Complete Advertisement: April 11, 2011 Accounting for the period: March 26, 2011 to May 24, 2012 Purpose of Account: Joan T. Shearer, offers this Account to acquaint interested parties with the transactions that have occurred during her Administration. It is important that the Account be carefully examined. Requests for additional information, questions or objections can be discussed with: Richard C. Snelbaker Snelbaker 8~ Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 Phone #: 717-697-8528 Supreme Court I.D. No: 06355 LAW OFFICES SNELBAKER SC BRENNF_MAN. P.C. Page 1 ~ ~ ~-.., ~ `-- r.,,y ~`? ~ ~ l'"~ ~ _ t 7'1 -~~ ~- ' a _ ; «-' ~? i - ~ r ~ ~ f n l..... '~ ~ ~~- ~'~ ~~ t T~: ~, - ~ .-.._- (.~.~ t-/? (J ~ -'Y1 SUMMARY OF ACCOUNT PRINCIPAL Receipts 3 Less Disbursements/Claims paid or to be paid upon confirmation of account: LAW OFFICES SNELBAKER F~ BRENNEMAN, P.C. Class (1) Claims: Class (2) Claims Class (3) Claims Class (4) Claims Class (5) Claims Class (6) Claims Class (7) Claims Balance before Distributions Distributions to Beneficiaries Principal Balance on Hand For Information: Investments Made Changes in Holdings INCOME Receipts Less Disbursements Balance before Distributions Distributions to Beneficiaries Income Balance on Hand COMBINED BALANCE ON HAND Listing of Unpaid Creditors Listing of Persons Interested in Distribution Estate Affidavit Page PAGE Page 2 3 3 3 4 4 4 4 4 4 4 5 5 5 6 6 7 $6,139.72 $6,139.72 $4,781.79 $0.00 $0.00 $0.00 $0.00 $0.00 $4,781.79 $1,357.93 $1,360.00 -$2.07 $2.07 $0.00 $2.07 $0.00 $2.07 $0.00 PRINCIPAL RECEIPTS Assets Listed on Inventory per copy attached: $4,442.72 (Valued as of Date of Death) ADJUSTMENTS TO INVENTORY $0.00 SUBSEQUENT RECEIPTS 4/3/2012 United States Treasury, refund on 2011 Final Individual income tax return 1,697.00 TOTAL PRINCIPAL RECEIPTS $6,139.72 DISBURSEMENTS OF PRINCIPAL There are insufficient funds to pay all claimants/creditors; therefore the proposed payments and disbursements are based upon the parameters as provided in 20 Pa.CS § 3392 LAW OFFICES SNELBAKER LC BRENNF_MAN, P.C. CLASS (11 CLAIMS -COSTS OF ADMINISTRATION 5/23/2011 RSR Appraisers, real estate fee $350.00 11/9/2011 United States Treasury, calculation error on 2009 Form 1040 250.00 12/15/2011 Register of Wills, filing fee for Inheritance tax return 15.00 The following items are to be paid upon confirmation of the accounting: """ Snelbaker & Brenneman, P.C., costs advanced 737.90 a. Register of Wills, probate fee 93.50 b. The Sentinel, advertising Executrix Notice 219.40 c. Cumberland Law Journal, advertising 75.00 Executrix Notice d. Greenawalt & Company, preparation of 350.00 2011 Individual taxes and consultation ""'` Snelbaker & Brenneman, P.C., partial payment on attorney fees 3,233.49 """ Reserve for filing fees for Inventory, First and Final Account 195.40 and certified mail costs Snelbaker & Brenneman, P.C., unpaid claim for balance of attorney fees in the amount of $ 1,516.51 TOTAL CLASS (1) CLAIMS TO BE PAID: $4,781.79 CLASS (2) CLAIMS -FAMILY EXEMPTION NONE $0.00 CLASS (3) CLAIMS -COST OF FUNERAL AND BURIAL AND THE COSTS OF MEDICINES FURNISHED WITHIN SIX MONTHS OF DEATH Joan T. Shearer, unpaid claim for funeral expenses in the amount of $9,695.92 Claremont Nursing and Rehabilitation Center, unpaid claim for nursing home care from 3/11/2011 to 3/26/2011 in the amount of $4,480.00 PharMerica, unpaid claim for medicine from 3/11/2011 to 3/23/2011 in the amount of $95.95 Pinnacle Health Medical Services, medical services from 3/7/2011 to 3/11/2011 in the amount of $20.40 Spirit Physician Services, Inc., unpaid claim for medical services on 3!7/2011 in the amount of $100.60 TOTAL CLASS (3) CLAIMS TO BE PAID: $0.00 Page 3 CLASS (4) CLAIMS -COSTS OF GRAVE MARKER Joan T. Shearer, unpaid claim for marker /interment costs in the amount of $1,720.00 $0.00 CLASS (5) CLAIMS -RENTS FOR OCCUPANCY OF THE DECEDENT'S RESIDENCE NONE $0.00 CLASS (6) CLAIMS -CLAIMS BY THE COMMONWEALTH AND THE POLITICAL SUBDIVISIONS OF THE COMMONWEALTH NONE $0.00 CLASS (7) CLAIMS -ALL OTHER CLAIMS West Shore EMS, unpaid claim for medical services in the amount of $133.43 Hospital Telephone Telcom Service, Ltd, unpaid claim for TV/phone services from 3/7/2011 to 3/11/2011 in the amount of $16.00 TOTAL CLASS (7) CLAIMS TO BE PAID: $0.00 DISTRIBUTIONS OF PRINCIPAL TO BENEFICIARIES LAW OFFICES SNELBAKER ~C BRENNF_MAN, F.C. 4/6/2011 Joan T. Shearer, distribution of household goods bequeathed $1,360.00 in Item III of Will TOTAL DISTRIBUTIONS TO BENEFICIARIES: $1,360.00 PRINCIPAL BALANCE ON HAND FIDUCIARY VALUE AT ACQUISITION 5/24/2012 VALUE Cash 4,166.79 3,082.72 Household Goods 0.00 1,360.00 ""*" Less expenses to be paid subsequent to -4,166.79 confirmation of First and Final Account as as listed on page 3 of accounting TOTAL PRINCIPAL BALANCE ON HAND $0.00 $ 4,442.72 INFORMATION SCHEDULES PRINCIPAL INVESTMENTS MADE NONE $0.00 CHANGES IN PRINCIPAL HOLDINGS NONE $0.00 Page 4 RECEIPTS OF INCOME 5/24/2012 Member's 1st Federal Credit Union, interest on estate checking $ 2.07 from opening to May 24, 2012 $ 2 07 DISBURSEMENTS OF INCOME NONE $0.00 DISBURSEMENTS OF INCOME TO BENEFICIARIES NONE $0.00 LAW OFFICES SNELBAKER SC BRENNF_MAN, F.C. Page 5 UNPAID CREDITORS: 1. Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 Class (1) claim for balance of unpaid attorney fees $1,516.51 2. Joan T. Shearer 312 West Green Street Shiremanstown, PA 17011 Class (3) claim for funeral expenses $9,695.92 Class (4) claim for marker /interment costs $1,720.00 3. Claremont Nursing and Rehabilitation Center 1000 Claremont Road Carlisle, PA 17013-8805 Class (3) claim for nursing home care $4,480.00 LAW OFFICES SNELBAKER BRENNF_MAN, P.C. 4. PharMerica Attention: Legal Department 1900 South Sunset Unit 1A Longmont, CO 80501 Class (3) claim for medicine $95.95 5. Pinnacle Health Medical Services P.O. Box 1286 Harrisburg, PA 17108-1286 Class (3) claim for medical services $20.40 6. Spirit Physician Services, Inc. 205 Grandview Avenue, Suite 210 Camp Hill, PA 17011-1708 Class (3) claim for medical services $100.60 7. West Shore EMS 205 Grandview Avenue, Suite 211 Camp Hill, PA 17011 Class (7) claim for medical services $133.43 8. Hospital Telephone Telcom Service, Ltd P.O. Box 39127 Cleveland, OH 44139 Class (7) claim for TV/phone services $16.00 ** PERSONS INTERESTED IN DISTRIBUTION OF ESTATE: 1. Joan T. Shearer $0.00 312 West Green Street Shiremanstown, PA 17011 2. Terry Hollinger $0.00 425 Black Walnut Drive Mountain Top, PA 18707 Page 6 COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) Joan T. Shearer, being duly sworn according to law deposes and says: that she is the Executrix of the Estate of Chester B. Hollinger, Sr. a/k/a Chester B. Hollinger, Deceased; that she is the Accountant herein; that the foregoing is a true and complete accounting of her administration of said Estate; that the attached list or schedule [`] contains the names, addresses and amounts due unpaid creditors who have given proper notice of their claims; that the attached list or schedule [""] contains the names and addresses of all persons interested in the distribution of said Estate; and that the facts set forth herein are true and correct to the best of her knowledge, information and belief. J an T. Shearer, Executrix Sworn to and subscribed before me this ((n~t~ day of J~,.1~~ 2012 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sandra K. Showerg Notary Public bwg soro, Cumberland County MY ~ Expkes Nov. 2Z, 2015 MElIaE1R, rENNSYIVANIA ASSOMTIQN Of NOTARr LAW OFFICES SNELBAKER ~C l3RENNEMAN, F.C. Page 7 ~.~~177 ..,_.~ -~, ~~ .__ DECEDENT'S ESTATE ~,, ~ . a_ ~' `' "' r~ ,t ~~:. r,, ~,_ r _ ~ ~.. v,_m ~ -; COURT OF COMMON PLEAS OF Gr ,-~~ ~ ~~' r `~ CUMBERLAND COUNTY, PENNSYLVANIA ~ r-? _._~ ORPHANS' COURT DIVISION ESTATE OF Chester B. Hollinger, Sr. a/k/a ,DECEASED Chester B. Hollinger No. 21-11-0429 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. INCLUDE ATTACHMENTS AT THE BACK OF THIS FORM. Name of Counsel: Richard C. Snelbaker Supreme Court I.D. No.: 6355 Name of Law Firm: Snelbaker & Brenneman, P.C. Address: 44 West Main Street, Mechanicsburg, PA 17055 Telephone: 717-697-8528 Fax: 717-697-7681 Form OG01 rev. 10.13.06 Page 1 of 10 Estate of Chester B. Hollinger, Sr. a/ka Chester B. Hollinger ,Deceased 1. Name(s) and address(es) of Petitioner(s): Name: Joan T. Shearer, Executrix Address: 312 West Green Street Shiremanstown, PA 17011 Identify any executors or administrators who have not joined in the Petition for Adjudication and Statement of Proposed Distribution and state reason: None [s this the first accounting by this fiduciary? ..................... ~ Yes ~ No If not, identify prior accountings, the accounting periods covered, and the date of adjudication of the prior accounting. 2. Decedent died on March 26, 2011 Letters Testamentary or Letters of Administration were granted to Petitioner(s) on April 4. 2011 Date of Will (if applicable): 10/17/2006 Date(s) of Codicil(s) (if applicable): N/A Date of probate (if different from date Letters granted): same as above Was a bond required? Yes ~ No If yes, state amount: Are proofs of advertising of the grant of Letters attached? ......... ~ Yes Dates of advertising of the grant of Letters: The Sentinel, April 11, 18, 25, 2011 No Cumberland Law Journal, April 15, 22, 29, 2011 Formoc-oi rev. ~a~3.o6 Page 2 of 10 Estate of Chester B. Hollinger, Sr. a/ka Chester B. Hollinger ,Deceased 3. Was decedent survived by a spouse? ............................. Yes ~ No If yes, name of the surviving spouse: 4. Has the surviving spouse filed to take an elective share? ............. Yes Q No (See Section 2201 et sue. of the Probate, Estates and Fiduciaries Code) If yes, date of election: 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): N/A 6. Did decedent marry after execution of Will or Codicil(s)? ........... ~ Yes Q No Were any children born to decedent after execution of 'Y Will or Codicil(s)? ........................................... ® es ®No 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 the Department of Public Welfare? .............................. Yes ~ No Form oc-nl rev. 10.13.06 Page 3 of 10 Estate of Chester B. Hollinger, Sr. a/ka Chester B. Hollinger Deceased Written notice of the Audit as required by Pa. O.C. Rules 6.3, 6.7 and 6.8 has been or will be given to all parties in interest listed in item 9 below, all unpaid creditors 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, Notice of the Audit has been or will also be given to the Attorney General as required under Pa. O.C. Rule 5.5. In 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. 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 party's interest(s): Name and Address of Each Party in Interest I Relationship and Joan T. Shearer 312 West Green Street Shiremanstown, PA 1701 1 Terry Hollinger 425 Black Walnut Drive Mountain Top, PA 18707 50% of residue 50% of residue Form OGOI rev. 10.13.06 Page 4 of 10 Estate of Chester B. Hollinger, Sr. a/ka Chester B. Hollinger Deceased 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 no Guardian has been appointed, identify the next of kin of such party, giving the name, address and relationship of each. N/A C. State why a Petition for Guardian/Trustee Ad Litem has or has not been filed for this Audit (see Pa. O.C. Rule 12.4). N/A D. If distribution is to be made to the personal representative of a deceased party, state date of death, date and place of grant of Letters and type of Letters granted. N/A Form OC-01 rev. l0.13.06 Page 5 Of~ ~ Estate of Chester B. Hollinger, Sr. a/ka Chester B. Hollinger Deceased 10. Other than the claim for the family exemption, list the names of all known claimants and the amount of their claims and state whether each claim is admitted. Name and Address of Each Claimant Amount of Claim Claim Admitted? Will Claim Be Paid In Full? See Accounting Yes ~ Yes ~No No Yes Yes ONo ~No Yes Yes ~No No Yes ~ Yes ~No ~ No if the estate is insolvent, attach a schedule setting forth the order of preference under 20 Pa.C.S. § 3392 and the proposed payments. 1 1. Was family exemption claimed? ................................ Yes ONo Was family exemption allowed? ................................ Yes No Family exemption claimant's name and relationship: Name: Relationship: Farm oc-ol rer. 10.13.06 Page 6 of ] 0 Estate of Chester B. Hollinger, Sr. a/ka Chester B. Hollinger ,Deceased 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 Payment Interest 12/21 /2011 34,279.37 0.00 (Tax due on jointly held assets, paid by Joan T. Shearer) 13. On the date of death, was the decedent a fiduciary (personal representative, trustee, guardian, agent under power of attorney) or surety on the bond of a fiduciary? ................... Yes ~ 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: N/A B. Has notice of the question requiring adjudication been given to the parties identified in Paragraph 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. N/A Form OC-Ol rev. !0.13.06 Page 7 Of ] 0 Estate of Chester B. Hollinger, Sr. a/ka Chester B. Hollinger ,Deceased 16. Had the decedent been adjudicated an incapacitated person? .......... [~ Yes ~ No if yes, attach a copy of the Order if available; otherwise state the Court, term, number, date, and name of Hearing Judge. 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 ~ Yes ~ No given to the parties identified in Paragraph 9 above? ............ . 18. [f a reserve is requested, state amount and purpose. .____... $195.40 Purpose: Filing fees for Inventory, First and Final Account and certified mail costs. 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 parties in interest? ........................................ ^Yes ^No If so, attach a copy of the notice. 19. Is the Court being asked to direct Dyes [/]No the filing of a Schedule of Distribution? ......................... . As to real estate only? ........................................ ^Yes ONo Page 8 of l0 Form OC-0/ rev. 10.13.06 Estate of Chester B. Hollinger, Sr. a/k/a Deceased Wherefore, your Petitioner(s) ask(s) that distribution be awarded to the parties entitled and suggest(s) that the distributive shares of income and principal (residuary shares being stated in proportions, not amounts) are as follows: A. Income: Proposed Distributee(s) N/A -Insolvent Estate B. Principal: Proposed Distributee(s) N/A -Insolvent Estate Amount/Proportion Amount/Proportion Submitted By: (All petitioners must sign. Add additional lines if necessary): Name of Petitioner: Joan T. Shearer, Executrix Name of Petitioner: Form oc-oi rev. 10.13.06 Page 9 of 10 Estate of Chester B. Hollinger, Sr. a/ka Chester B. Hollinger Deceased Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that neishe she is aae Executrix of the above-named name of corporation Estate of Chester B. Hollinger, Sr. and] that the facts set a a es er o anger 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). Si nature of Petitioner * Corporate petitioners must complete bracketed information. 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. Signature of Counsel for Petitioner Farm oc-o~ rev. io. X3.06 Page ] 0 of 10 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Jackie 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 13th, 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 11, Apri118 and Apri125, 2011 COPY OF NOTICE OF PUBLICATION . ;± EXECUTRIX NOTICE '~ E;etters Testamentary on'the Estate of CHESTER B. HOLLINGER, SR. a/k/a :`.CHESTER B H4CLiNGER,'tleceased~ late of Upper,Allen Toy~nship, ` Curribeiland County; Pennsylvarila; ha''ve been granted to the undersigned: u~ All persona knowln~ themselves to be'lndebted to said Estate will make -" ~ ~' ~_ payrneg( rfi~te ; afely and those having claims will present them for ~ ;:h sattlernent to: ' ~~ E t'" Joan T„Shearer ' 312,West'Green Street ~' ~Shlremenatown; PA 17011 ~.;,~ . r ,- Executrix ~3. $NEL$AKER & QREJdNEMIAN' P. C: x.44 Weat Maln StreeE ~~ ° t `P. O. Box 318 : n ~ -1. ; , Mechanlcsburq PA;1055-0318 Attorneys""' f". _ ~, .. ~, ~ , -, 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. l i i to and subscribed before me this My commission expires: NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY i~1y Commission Expires Jan 27, 2014 Notary Public 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, viz: April 15, Apri122, and Apri129.2011 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. ~/~ _____ L' a Marie Coy e, Editor Hollinger, Chester B., 3r. a/k/a Chester B. Hollinger, deed. Late of the Borough of Shiremans- town. Executrix: Joan T. Shearer, 312 West Green Street, Shiremans- town, PA 17011. Attorneys: Snelbaker & Brenne- man P.C., 44 West Main Street, P.O. Box 318, Mechanicsburg, PA 17055-0318. SWORN TO AND SUBSCRIBED before me this 29 of April, 2011 Notary N`2TARfAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 201A COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE BUREAU OF PROGRAM INTEGRITY DIVISION OF THIRD PARTY LIABILITY ESTATE RECOVERY PROGRAM PO BOX 8486 HARRISBURG, PA 17105-8486 April 25, 2011 SNELBAKER & BRENNEMAN PC RICHARD C SNELBAKER ESQUIRE 94 W MAIN ST MECHANICSBURG PA 17055 Re: Chester Hollinger Sr SSN: ###-##-6974 Dear Attorney Snelbaker: Pursuant to your letter dated April 06, 2011, the Department of Public Welfare (DPW), Estate Recovery Program, has reviewed the information you provided regarding the above-referenced individual. It has been determined that this individual did not receive any type of assistance during the questioned period. Therefore, according to the information you provided, the Department's Estate Recovery Program will not seek any recovery from this estate. If your client applied for Medical Assistance and had an application and/or hearing pending at the time of death, please advise us and provide any additional information that may affect a recovery by our Department. If you have any questions, please feel free to contact me. Sincerely, Vince A. Porter Recovery Section Manager (717)772-6604 SNELBAKER ~ BRENNEMAN, P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURG, PENNSYLVANIA 17055 KEITH O. BRENNEMAN P. O. BOX 318 RICHARD C. SNELBAKER- OF COUNSEL 717-697-8528 FACSIMILE (717) 697-7681 July 24, 2012 T0: Claremont Nursing and Rehabilitation [Certified Mail No. Center 7010 1670 0001 0650 1650] Attention: Lynette M. McCulloch Manager of Budget of Finance 1000 Claremont Road Carlisle, PA 17013-8805 PharMerica Attention: Legal Department 1900 South Sunset Unit lA Longmont, CO 80501 Pinnacle Health Medical Services P.O. Box 1286 Harrisburg, PA 17108-1286 Spirit Physician Services, Inc. 205 Grandview Avenue, Suite 210 Camp Hill, PA 17011-1708 West Shore EMS 205 Grandview Avenue, Suite 211 Camp Hill, PA 17011 [Certified Mail No. 7010 1670 0001 0650 1667] [Certified Mail No. 7010 1670 0001 0650 1674] [Certified Mail No. 7010 1670 0001 0650 1681] [Certified Mail No. 7010 1670 0001 0650 1698] Hospital Telephone Telcom Service, Ltd [Certified Mail No. P.O. Box 39127 7010 1670 0001 0650 1704] Cleveland, OH 44139 Terry Hollinger 425 Black Walnut Drive Mountain Top, PA 18707 Joan T. Shearer 312 West Green Street Shiremanstown, PA 17011 [Certified Mail No. 7010 1670 0001 0650 1711] Re: Estate of Chester B. Hollinger, Sr., a/k/a Chester B. Hollinger, Deceased Estate No. 21-11-0429 SNELBAKER ~ BRENNEMAN, P.C. Estate of Chester B. Hollinger. Sr. July 24, 2012 Page 2 NOTICE TO PARTIES IN INTEREST The undersigned, as attorney for Joan T. Shearer, Executrix of the Estate and under the Last Will and Testament of Chester B. Hollinger, Sr., Deceased, hereby gives notice to each of the above named persons pursuant to Rule 6.3 of the Pennsylvania Supreme Court Orphans' Court rules as follows: 1. She has filed this date in the office of the Clerk of Orphans' Court and Register of Wills of Cumberland County, Pennsylvania, at Carlisle, PA, the First and Final Account of her administration as such Executrix, together with an Inventory and Petition for Adjudication, true copies of which are enclosed herewith. 2. Said Account will be Orphans' Court Division of the Pleas at the Cumberland County Carlisle, PA 17013, on August prevailing time, at which time unless written objections are presented to a judge of the Cumberland County Court of Common Court House, 1 Court House Square, 28, 2012 at 9:30 o'clock A.M., said Account will be confirmed filed prior thereto. 3. You have the right to file written objections to said Account prior to the confirmation as scheduled above. Very truly ours, GG ~'\~' Richard C. Snelbaker RCS:sks Enclosures ZO Pa, C. S. !~, Sic, 339?. § 3332. ~Passification and c~'i-deg Qf ~ayme~at If the applicable assets of the estate aa•e insufficient to pay all proper charges and claims in full, the personal representative, subject to any prei'er- ence given by laid to claims due the United States, shall pay them in the folloh--ing order, ~~ithrnit priority as between claims of the same class: (1 j The casts of administration, (L) The family exemption. (~j The costs of the decedent's funeral and bLU7a1, and the costs. of medicines furnished to him vzthin six months of his death, of medical or nursing ,=~:-.ices pol•forlrled for him withn7 That tune, of hospital se7~~ices including lria.irlu;l7tlnce provided ilim r,.ithin That tune, of sel°vices provided antler the irled.ical assistance ,u•o~rl°am providF~d within that time a.ncl of 50Y'V1C@E rwl"f01'll7ed for 111111 by anv Of 1llS e717p)~YI%~'3 `. ~'lthil7 tl?at tlnl e. '~1) Tl'i8 COSt Oi' a. ETaVP.171a1'l:ei". (U) 1•el7ti:i Ti7f' iii,'. {iCCU11~1.nC)' of Lne deC~d~'17'L'S 1'c'.Si.dei"1Ce .LOl' urr: nlUnth:' in71n°diately p;-ior io his d2at1;. ('+.5.1) Ciainls by the Comulonwealtl'1 and the political subdivisions of the n ~0171rllGi7 vYenlvl"1. (~~) :III otl"ter Llaln7,. 7~"2 dune iii, P.L. ~4f3, 1''do. 15~. § 2, efi. Jui•}' i, 1U??. ~~uended :3006, 1; eb. 1, 1'.L. >:~, Pao. I'!, g 1, inld. effective. ' CLAIMS AND LIABILITIES OF ESTATES § Ia'T:2O'T Prin2¢ry Authority 2p Pa. C.S. §§ 3381, 3392, 3532(b)(3} A.L.R. Libra.~~~ `~ A.L.R. Index, Decedents' Estates; Executors and Administrators; Judgment Liens; Judgments, Orders, and Decrees; Liens and Encumbrances; Preferences and Priorities; Tax Liens Nest's A.L.R. Digest, Executors and Adlrlinistrators «2U2 259 to ,': ~ 261, 513(10). 513(11) I Legad Elicyclopedi,as Am. Jur. 2d, Descent and Distribution § 141; Executors and Administrators §§ 649 to G76 C.J.S., Executors and Administrators §§ 5U3 to 532 ~. I;,esea~°eh II,~I'eaa.~ar~c~s ~.' V1~eSt 5 Pj" wU171 )E'1' lil~rn ~i:, ~.=:.°,CL1lOr5 cI7 tl llldillSCrat02'S ~^~2~.~.J; r If flip, apj111f'c1b1C-'. aS5E;t5 0~~ i;I1C; d2Cr_C~P11t'S e5tat° cti.'e lilStli- flclellt tQ ?,~ ~V 811 jlI'Opel' Ci1ar~':?S arld C1a'11115 111 1E111, file personal. represeiltaiive, sub~lec~ to any preference given by lave to clailr_s dLie t1lc ~.Jllited Mates, illust pay them in the r to o~vin, ord^r, -v,-ithout Llri.arity as between claims of the same c1a ~: (1) the costs a adnlin.istratioll: (2) i.hr falnil~ e>enlptioil; , (8) file testsvi~ file r_'tecedellt's funeral and burial, anti tFle costs oi' rllcdiciiles z~arr.isLed tc the decedent vJit~"iiil SJ_>. 1t1711t,A1 of 11iS Q1" 1"iF'.1" C~E'8t:11, Of il).eC.I~'8~ Or i1CI1'.Si11~ u8i'V1c;S ~?°i10.='s11='C f_%?i' •;i.?0 ~~'.eCPL~1P,11t Z~tTltl21tl t118t ~iCi10 OI~ "1C?~j)7;,?1 c(~,~'-=1C;e_° _7C;'U:~I11~ I11air1tEy:'ac`111C° j)i_~lv1a;;C~ .. ~_ie ~P~'°Ci.'='~i1~ ~.-. ..._~.._Ii. 'G1:.~1~ ii ii7 C',. C1 SL's ~'1.~'(c.`S. :Jr L)~..1~eG ,. - ~.~t_~I~~.. ~,.~~ ,...:E'~i~...d; __-~__..:?Il~.c ~?'•`i~~r'x1L'- p l'~.J`,'_~lt'.C~. ~"~T':~l.l_- t 1. ~. ~, iliS~:. .Jf l'~ __ ._.. ~., _.. A),f^'.11 ~~1C;;i l.,.i L{.1„ :! ._.,:~li~ (O ~ i'°il S l0i" a1C' OCCU.,ail^ v file Q,°LeCiullii 6 rESIG"Ii.CC~ ~Or Sly 1?1.;111ti16 ii;i122~['.Iatea.;l' pr10r tCl 1115 Clr ilex de~a.Ltl; (6) claims by Mlle Conlmon«-ealtil and the political subdi- visions of the Camr>lollwealtll; and 289 § 1J~I::r01 STANDARD PENNSXLVANIA PRACTICE 2D l7) all other claims.' The statutory order of priority applies only in determining t;he respective rights of iulsecured creditors among them- selves, and does not apply to those who, during the decedent's lifetime, have obtained secuz'ity for their claims by mortgage or by lien of judgment.2 Such secured creditors continue to have first priority with respect to the encumbered property of the decedent.3 The purpose of the rule fixing the order of priority among U.nSe:.'L1I'ed creditors and those tivho have incurred charges in c,^^,nnecticn with an estate is to favor certain classes of credi- tors; t.o this end, the law IZxust be strictly construed, and is subject to the ge~~era]. rule of construction that parties claim- ing the benefit of class legislation must bring themselves within its provisions.'' P7'operty which. is subject to a valid option agreemei}t made by the decedent while living, and which is subject to a decree of speciric performance against leis or her estate, takes prior- ity over the elective share of the decedent's surviving spouses T;NlZen a testator in his will gives specified property or a share of his estate. i.n enact o3° substantial compliance with the terms nf' l~.is obli~~ations u~~der an inter vivos property settle- ??.lent or antenul~tia] agreement made with his wife; the tn~ife is a creditor of his estate and not a legatee under the will, and co~zse~uently, tine ~.vife's claim is superior to the claims of other legatees and devisec>s.s ~%~rhere a .surety pats money to the government on behalf of his or her principal f'or taxes assessed as due, the surety is entitled to be subrogated to the rights of the governr.7ent, including an.,~ priori;,,~~ which the government; may have.' [Sectioxt 15-~:.'0 A ] '20 Pa. C.S. § 3392. As to the preference for claims due the united States, see §§ 157:215, 157:21G. For further discussion of pri- ority of claims, see 10 Sum. Pa. Jur. 2d, Probate, Estates, and Trusts §§ 12:51 to 12:52. Z§ 157:208. 3§ 157:208. °ln re Gilbert's Estate, 5 Pa. 1_). cS: G.2d 646. 1956 ~VL 1io22 (Crphans' Ct. 1956). SIn re Brown's Estate, 446 Fa. 401, 289 A.2d 77 (1972). As to specific performance of such agreements, see 20 Pa. C.S. § 3390, discussed in § 164:33. 6In re Estate of Blumenthal, 2002 PA Super 382, 812 A.2d 1279 (2002). 7In re Sheafl'er's Estate, 281 Pa. 138, 126 A. 205 (1924). 290