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HomeMy WebLinkAbout02-01-13F:\FILES\Clients\14644 Baumbach\14644.3 estateU4644.3.petititon.adjudication DECEDENT'S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF DONALD W. BAUMBACH, SR., DECEASED No. 21-11-01213 PETITION FOR ADJUDICATION / STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.C. Rule 6.9 This form maybe used in all cases involving the Audit of the Account ofa Decedent's Estate. Ifspace is insufficient, riders may be attached. Attach the spouse's election, ifany; the papers required under items 8-19 inclusive; and any instrument pertinent to the adjudication. INCL UDE ATTACHMENTS AT THE BACK OF THIS FORM. rti rr--~, ~.~ CS7 Q `~7 _n f ~ ~....{ Name of Counsel: Christopher E. Rice, Esquire ~ ~ ~ v- ~ :a f~ ~ o ~;~ Supreme Court LD. No.: 90916 ~ ~ ~-~+ ~ -`' ~'" Name of Law Firm: MARTSON LAW OFFICES c Address: 10 East High Street, Carlisle, PA 17013 "~ ~ ~,~ t i o Telephone: (717) 243-3341 ~ ~, -n Fax: (717) 243-1850 Form OC-01 rev. /0. 13.06 Page 1 of 8 Estate of Donald W. Baumbach, Sr., Deceased 1. Name(s) and address(es) of Petitioner(s): Name. Mary J. Robertson Address: 604 Copper Circle Carlisle, PA 17015 Identify any executors or administrators who have not joined in the Petition for Adjudication and Statement of Proposed Distribution and state reason: Is this the first accounting by this fiduciary? .................................... ®Ye:s ^ No If not, identify prior accountings, the accounting periods covered, and the date of adj udication of the prior accounting. 2. Decedent died on November 3, 2011. ® Letters Testamentary or ^ Letters of Administration were granted to Petitioner(s) on November 10, 2011. Date of Will (if applicable): February 8, 2005 Date(s) of Codicil(s) (f applicable): Not applicable. Date of probate (if different from date Letters granted): Was a bond required? ^Yes ®No If yes, state amount: Are proofs of advertising of the grant of Letters attached? ..................... ®Yes ^ No Dates of advertising of the grant of Letters: The Sentinel: January 18, 25 and February 1, 2012 Cumberland Law Journal: January 27 and February 3 and 10, 2012 Form OC-01 rev. /0. 13.06 Page 2 of 8 Estate of Donald W. Baumbach, Sr., 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 ®No (See Section 1ZO1 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): None. 6. Did decedent marry after execution of Will or Codicil(s)? ..................... ^ Yes ®No Were any children born to decedent after execution of Will or Codicil(s)? ........ ^'Yes ®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 8. 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. Form OC-01 rev. /0. 13.06 Page 3 of 8 Estate of Donald W. Baumbach, Sr., Deceased 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 Partv in Interest Relationship and Comments, if any Interest Mary J. Robertson Daughter 1/5 of Estate residue per 604 Copper Circle Item Seventh of Will Carlisle, PA 17015 Alice E. Deimler Daughter 1/5 of Estate residue per 1016 Chestnut Street Item Seventh of Will Middletown, PA 17057 Donald W. Baumbach, Jr. Son $22,700.00 Specific 32 N. Lumber Avenue Bequests per Items Marietta, PA 17547 Second and Sixth. of Will; 1/5 of Estate residue per Item Seventh of Will Randy W. Baumbach Son $23,230.00 Specific 604 Copper Circle Bequests per Items Carlisle, PA 17015 Fourth and Sixth of Will; 1/5 of Estate residue per Item Seventh of Will Jonathan G. Baumbach Son 1/5 of Estate residue per 2121 Old Hollow Road, Apt. 1 Item Seventh of Will Mechanicsburg, PA 17055 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 aIpointed. If no Guardian has been appointed, identify the next of kin of such party, giving the name, address and relationship of each. Form OC-01 rev. /0. 13.06 Page 4 of 8 Estate of Donald W. Baumbach, Sr., Deceased C. State why a Petition for Guardian/Trustee Act Litem has or has not been filed for this Audit (see Pa. D. C. Rule 12.4). 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. 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? None. ^ 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. 11. Was family exemption claimed? .......................................... ^ 'Yes ®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 Payment Interest 07/26/2012 $5,547.16 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. Form OC-01 rev. /0. 13.06 Page 5 of 8 Estate of Donald W. Baumbach, Sr., Deceased 14. A. Describe in detail any questions requiring adjudication and state the position of the Petitioner(s) as to each question: 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. 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. B. Has notice of the additional receipts and disbursements been given to the parties identified in Paragraph 9 above? ................... ^ Yes ^ No 18. If a reserve is requested, state amount and purpose. Amount: $10,510.00 Purpose: Martson Law Offices, estimated attorney fees, $3,500.00 Mary J. Robertson, Executrix's commission, $6,610.00 Martson Law Offices, costs advanced, $400.00 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? .................................................... ^ S'es ®No If so, attach a copy of the notice. 19. Is the Court being asked to direct the filing of a Schedule of Distribution? ........ ®~'es ^ No As to real estate only? .................................................. ^ Yes ®No Form OC-01 rev. /0. 13.06 Page 6 of 8 Estate of Donald W. Baumbach, Sr., 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) Amount/Proportion None. B. Principal: Proposed Distributee(s) Amount/Proportion Mary J. Robertson 1/5 of estate residue 604 Copper Circle Carlisle, PA 17015 Alice E. Deimler 1/5 of estate residue 1016 Chestnut Street Middletown, PA 17057 Donald W. Baumbach, Jr. 1/5 of estate residue 32 N. Lumber Avenue Marietta, PA 17547 (payable to Dauphin County DRS per Court Order dated February 6, 2012) Randy W. Baumbach 1/5 of estate residue 604 Copper Circle Carlisle, PA 17015 Jonathan G. Baumbach 1/5 of estate residue 2121 Old Hollow Road, Apt. 1 Mechanicsburg, PA 17055 Submitted By: (All petitioners must sign. Add additional lines if necessary): Mary J. q ertson, Executrix of the Estate of Donald W. Baumbach, Sr. Form OC-01 rev. /o. 13.06 Page 7 of 8 Estate of Donald W. Baumbach, Sr., Deceased Verification of Petitioner (Verification must be by at: least one petitioner.) The undersigned hereby verifies she is the Executrix of the above-named Estate 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). ~ 7 d'"7 ~ /!/" ~ ~ X PSG Mary J. R son, Executrix of the Estate of Donald W. Baumbach, Sr. 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. Christopher E. Rice, Esquire Form OC-01 rev. /0. 13.06 Page 8 of 8 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: January 27, February 3, and February 10 2012 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. 'sa Marie Coyne, E ' or i Baumbaeh, Donald W., 8r., deed. Late of the Borough of Camp Hill. Executrix: Mary J. Robertson, 604 Copper Circle, Carlisle, PA 17015. Attorney: None. SWORN TO AND SUBSCRIBED before me this 10 of February, 2012 Notary NOTARIAL-SEA~L~ DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND 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): lanuar~ 18 and TanuaryT d Februar 1Y , 2012 COPY OF NOTICE OF PUBLICATION EXECUTRIJt NOTICE Cati~ra of 1MTNtarn~ntgry on tMi Esfatr o{ pONAID W BAUMBACH.8R., IaN ot.fha BorbuOh of`EamP Wild CumbPrfand County PeFU>s~liranyt;; daosaaad; Itaw QraMOd h- tha undaretOnad. ., . All persona knowing thambiNa~ t0 bi IndYb tot h~ eafd ~4~ wjtl ttiakt psyfi~rtt immsdkhly and thoN havU-p clelms w~i pnrsanf tlir,'nr for : ;, aettlsmfnt+ . .: , .~,. . rrA+iry J. pobarraun, Exeoutrtx 60~ Copper Ein;(a : , „ '~, Y Ca-1ta1a, PA 17015 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 e. _ to and subscribed before me this Z Lj Notary Public My commission expires: --rv_.__.,_._ riora~lAL SEAL BADA81 ANN HCCKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY ivty Commission Expires Jan 27, 2014 F:~FILES\Clirnts~ 14644 Baumbach! 14644.3 atate\ 14644.3. account.notice.wpd IN RE: ESTATE OF DONALD S. BAUMBACH, SR., DECEASED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-11-01213 LATE OF THE BOROUGH OF CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA NOTICE OF FILING FIRST AND FINAL ACCOUNT AND PETITION FOR ADJUDICATION/SCHEDULE OF PROPOSED DISTRIBUTION AND CALL FOR AUDIT OR CONFIRMATION NOTICE IS HEREBY GIVEN that Mary J. Robertson, Executrix of the Estate of Donald S. Baumbach, Sr., deceased, has this date filed the First and Final Account and Petition for AdjLudication/Schedule ofProposed Distribution in the above-captioned Estate in the Office of the Clerk of the Orphans' Court in and for Cumberland County, Pennsylvania, where the same is filed as public record and may be inspected. Copies of the Account and Petition are enclosed for your information. YOU ARE FURTHER NOTIFIED that any exceptions or obj ections to said Account or Petition must be filed in writing at the office of the Clerk of the Orphans' Court, Cumberland County Courthouse, Carlisle, PA 17013, aforesaid prior to the confirmation of said Account and Schedule of Proposed Distribution scheduled as set forth below. UNLESS written exceptions or objections are filed prior thereto, said Account will be presented by the Clerk of the Orphans' Court to the above-captioned Court in Court Room No. 1 of the Cumberland County Courthouse, Carlisle, Pennsylvania, at 9:30 a.m. prevailing time, on Tuesday, March 5, 2013, at which time said Account will be confirmed and distribution ordered in accordance with the Petition for Adjudication/Schedule of Proposed Distribution. By Date of Notice: February 1, 2013 MARTSON LAW OFFICES Christopher E. Rice, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorney for Estate of Donald S. Baumbach, Sr. NOTICES TO: Mary J. Robertson 604 Copper Circle Carlisle, PA 17015 Randy W. Baumbach 604 Copper Circle Carlisle, PA 17015 Alice E. Deimler 1016 Chestnut Street Middletown, PA 17057 Donald W. Baumbach, Jr. 32 N. Lumber Avenue Marietta, PA 17547 Jonathan G. Baumbach 2121 Old Hollow Road, Apt. 1 Mechanicsburg, PA 17055 Dauphin County Court of Common Pleas Domestic Relations Section P.O. Box 1295 Harrisburg, PA 17108 F:\FILES\Clients\14644 Baumbach\14644.3 estate~14644.3.account2.wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA ORPHANS' COURT DIVISION FILE NO. 21-11-01213 FIRST AND FINAL ACCOUNT OF MARY J. ROBERTSON, EXECUTRIX OF THE ESTATE OF DONALD W. BAUMBACH, SR., LATE OF THE BOROUGH OF CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA Social Security Number: Tax ID Number: Date of Death: Date of Incapacity, if any Date of Executor's Appointment: Letters Advertised: Sentinel - Cumberland Law Journal - Accounting for the period: 200-22-5244 45-6582706 11/03/2011 None 11/10/2011 1/18/2012, 1/25/2012 and 2/1/2012 1/27/2012, 2/3/2012 and 2/10/2012 11/3/2011 to 12/31/2012 Purpose of the Account: Mary J. Robertson, Executrix, 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 additional information or questions or objections can be discussed with: Christopher E. Rice, Esquire MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Supreme Court No. 90916 n ~=, w ~ ~ ~Q ~x -~ r~ ~~ ~ ~ '3 r., CD _ CJ"'3 %_~'t ~^ ~ „~ ~~~~ ~ D ~ 1 :~? w..Y '~ ~ ~} Q ~"~ ~~ ...` ~ ~7 "'~ I~ SUMMARY OF ACCOUNT Page No. PRINCIPAL Receipts Net Gains (bosses) on Disposition Less Disbursements Debts of Decedent Funeral Expenses Administration Expenses Federal, State & Local. Taxes Fees and Commissions Balance Before Distributions Distributions to Beneficiaries Principal Balance on Hand INCOME Receipts Income transferred to principal Income Balance on Hand 3 4 $ 18,922.26 4 $ 11,167.00 4&5 $ 4,319.01 5 $ 5,547.16 5 & 6 $ 14,319.00 6 6 7 COMBINED BALANCE ON HAND -2- Fiduciary Acquisition Value 175,442.86 0.00 175,442.86 - 54,274.43 121,168.43 - 50,370.00 70,798.43 482.61 -482.61 0.00 70,798.43 PRINCIPAL REC_E_ IPTS Real Estate Real estate located at 3410 Walnut Street, Camp Hill Borough, Camp Hill, PA 100,000.00 Real estate located at Lot #7, Hill Island, Middletown, PA 17057 45.000.00 Total 145,000.00 Personal Effects Household goods and personal property 1.,000.00 1987 Cox boat trailer 100.00 1986 Sea King boat trailer 100.00 1987 14' Alumacraft boat 630.00 1988 14' Loaves Industry boat 630.40 1990 7' Aquamate paddle boat 50.00 2000 Ford Contour 2,000.00 Man's diamond ring 200.00 Total 4,710.00 Other Citizens Bank checking account #09b-2, close of account 16,006.31 County tax proration 563.52 School tax proration 439.60 Sewer and water proration 145.05 Country Meadows Nursing Home refund 6,615.00 Miscellaneous Deposit - 2011 income tax refund and close of New 1,480.77 Cumberland Federal Credit Union account #067995 Income transferred to principal 482.61 Total 25,"732.86 TOTAL RECEIPTS OF PRINCIPAL 175,442.86 -3- PRINCIPAL DISBURSEMENTS DEBTS OF DECEDENT l~Tew Cumberland Federal Credit Union, balance due as of sale 17,625.32 of real estate New Cumberland Federal Credit Union, payments made prior to 1.,015.72 sale of real estate 11/16!11 Continuing Care, prescription as of date of death 97.69 11/21/11 UGI, account payable as of date of death 93.79 11/23/11 Water and sewer, account payable as of date of death 49.94 11/23/11 Verizon, account payable as of date of death 39.80 Total 18,922.26 FUNERAL EXPENSES 11/09/11 Bob Brant Catering 230.00 12104/11 Matinchek and Daughter Funeral Home 9,877.00 12!17!11 Gingrich Memorial 1.060.00 Total 11,167.00 ADMINISTRATION EXPENSES 11!10/11 Register of Wills, probate fee 323.50 11/14/11 The Sentinel, advertising 125.82 11/14/11 Cumberland Law Journal, advertising 75.00 11/16/11 C;RF Mechanical., Inc., furnace maintenance 89.45 11/26/11 Postage 17.60 12/04/11 State Farm, homeowner's insurance 133.36 03/21/12 Woof Appraisal Services, Cumberland County property 350.00 03/29/12 Marriott HVAC, furnace maintenance '?61.29 03/29/12 Labor at house (Mary Robertson) 100.00 -~- 04/04/12 Sewer, paid at settlement 04/04/12 County taxes, paid at settlement 04/24/12 UGI, final invoice 04/24/12 Water and Sewer, final invoice 05/09/12 :House repairs (Mary Robertson) 05/15/12 Clouser Real Estate Appraisals, Dauphin County property 05/15/12 PPL, final invoice 05/25/12 Repair leak (Mary Robertson) 12/31/12 Citizens Bank estate checking account #982-8, service charges i:hrough 12131 / 12 12/31/12 Citizens Bank estate money market account #038-9, service charges through 12/31/12 'total FEDERAL. STATE & LOCAL TAXES 07/26/12 Register of Wills, Agent, Inheritance Tax Total FEES AND COMMISSIONS 315.00 758.2b 344.21 151.16 500.00 375.00 163.36 200.00 20.00 _ l 6.00 4,319.01 5,547.16 5,547.16 02/08/12 Martson Law Offices, bar referral fee 25.00 02/15/12 Martson Law Offices, fees, sale of real estate 407.00 12/10/12 Martson Law Offices, partial attorney's fees 3,:360.50 12/10/12 Martson Law Offices, disbursements to date: Filing fee, Inheritance Tax Return Register of Wills, copy of Will 16.50 Reserved: Mary J. Robertson, Executrix's commission 6,610.00 Reserved: Martson Law Offices, balance of attorneys' fees 3,.500.00 -5- Reserved: Martson Law Offices, miscellaneous filing fees and _ 400.00 expenses Total 14,319.00 TOTAL PRINCIPAL DISBURSEMENTS $54,274.43 PRINCIPAL DISTRIBUTIONS TO BENEFICIARIES ~ecific Bequest TO: Donald W. Baumbach, Jr. Per Item Second of Will, In Kind: Diamond ring 200.00 Per Item Sixth of Will: In Kind: One-half (Y2) interest in Dauphin Co., real estate 22,500.00 22,700.00 TO: Randy W. Baumbach Per Item Fourth of Will, In Kind: Boat and trailer 730.00 Per Item Sixth of Will, In Kind: One-half ('/2) interest in Dauphin Co., real estate 22,500.00 23,230.00 Residue Household goods, personal property, boat trailer, boat, paddle boat and Ford 3,780.00 Contour have been divided among Mary J. Robertson, Alice E. Deimler, Donald W. Baumbach, Jr., Randy W. Baumbach and Jonathan G. Baumbach, as they have agreed TO: Alice Deimler Cash: 660.00 TOTAL PRINCIPAL DISTRIBUTIONS TO BENEFICIARIES 50,370.00 RECEIPTS OF INCOME Interest on Citizens Bank checking account #096-2 through close 0.35 Interest on Citizens Bank Estate checking account #982-8 through 1.25 12/31 /2012 Interest on Citizens Bank Estate money market account # 038-9 through 12/31/2012 X81.01 Total 482.61 TOTAL RECEIPTS OF INCOME 482.61 -6- DISBURSEMENTS OF INCOME Income transferred to principal 482.61 TOTAL DISBURSEMENTS OF INCOME 482.61 DISBURSEMENTS OF INCOME TO BENEFICIARIES None 0.00 TOTAL DISBURSEMENTS OF INCOME TO BENEFICIARIES 0.00 INCOME BALANCE ON HAND TOTAL INCOME BALANCE ON HAND 0.00 `~'n~i CZ ~ ~~~ , ~x~c C Mary J. ertson, Executrix of the Will of Donald W. Baumbach, Sr., Deceased -7- VERIFICATION Mary :f. Robertson, Executrix of the Will of Donald W. Baumbach, Sr., 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. Section 4904 relating to unsworn falsification to authorities. Mary J. ob rtson, Executrix Dated: ~ t ~ ~~~ 1 ~3 -8- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA ORPHANS' COURT DIVISION FILE NO. 21-11-01213 FIRST AND FINAL ACCOUNT OF MARY J. ROBERTSON, EXECUTRIX OF THE ESTATE OF DONALD W. BAUMBACH, SR., LATE OF THE BOROUGH OF CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA SCHEDULE OF PROPOSED DISTRIBUTION Mary J. Robertson, Executrix of the Last Will and Testament of Donald W. Baumbach, Sr., deceased, proposes to distribute the balance in her hands, to wit: $70,798.43, in accordance with the said Last Will and Testament as heretofore filed in the Office of the Register of Wills of Cumberland County, Pennsylvania, as follows: TO: Mary J. Robertson, per Item Seventh of said Will: Cash: 14,159.69 TO: Alice E. Deimler, per Item Seventh of said Will: Cash previously distributed: 660.00 Cash balance remaining: 13.499.69 Total 14,159.69 TO: Donald W. Baumbach, Jr., per Item Seventh of said Will: Cash: (payable to Dauphin County DRS per Court Order dated February 6, 2012) 14,159.69 TO: Randy W. Baumbach, per Item Seventh of said Will: Cash: 14,159.68 TO: Jonathan G. Baumbach, per Item Seventh of said Will: Cash: 14,159.68 TOTAL BALANCE FOR DISTRIBUTION $70,798.43 STATEMENT OF THE REASONS FOR THE PROPOSED DISTRIBUTION The above distribution is proposed in accordance with the Last Will and Testament ofDonald W. Baumbach, Sr. Mary J. Ro ertson, Executrix Sworn and subscribed to before me this ~`'~ ~ay of bruary, 2 ,, ~ r,~ ~.~' ,' rl c,~~.-~, COMMOPJWEA~_~?-~ CF F'ENI~5YLV:>,;. . Notary Pub11C ~o:ariai :iea! _Y McEissa ,4. SC!'ivliY, Notary NsaCu. South Mf~fdeCOfl'll,~•~y.~ Cumberfa;~d C,:.... . ~)~ t,.4s,1:T'i9:-;~pfl ~iC~'"i:'5 7~Y7. 1r3, .2V _(~_ ~Y:i"'"t`.'i>f. IF~E•F•i aYfv:3 E' ~.':rJC <i~Ofl nF 9'd`;!:~ ',';F"arrestrn;.e s`•Sh~:re:,"J:x~.'.4Yc•'id Prix:rssir?4~`.rsta[e pt;r~r:~ns;\c:'ient's •.:r;rSc'.i>:iurr:b~ich; sr., ~'+.,n:ic rr,_~,'yEil".~5_a0 U18r.J<:i±(?5~cyc ~' ~~~_~ -~- , ;-~ . ~ -., ,-~ .s~-~ O aF ~ ~.~hil ~jLl ~ ~ ~ ~' r ~ ~, r-t ~- ~ C -~.,, t I, DONALD W BAUMBACH, SR., of Camp Hill, Cumberland County, Pennsylvania, revoke my prior wills and declare this to be my Last Will: FIRST: PAYMENT OF EXPENSES - I direct that the expense of my last illness and funeral be paid from my estate as soon as may conveniently be done. SECOND: BEQUEST - I give, devise and bequeath my diamond ring to my son, DONALD W BAUMBACH, JR. THIRD: BEQUEST - I give, devise and bequeath my 1996 Nissan Pick-up Truck to my son, JONATHAN GUY BAUMBACH. FOURTH: BEQUEST - t give, devise and bequeath my 14' Boat, Trailer, and Motor to my son, RANDY W BAUMBACH. FIFTH: BEQUEST - I give, devise and bequeath the right to select any items they desire from my personal residence to my daughters, MARY ROBERTSON and ALICE E DEIMLER. SIXTH: BEQUEST - I give, devise and bequeath my real estate located at Lot #7, Hill Island, Dauphin County, Pennsylvania, to my sons, DONALD W BAUMBACH, JR., RANDY W BAUMBACH, and JONATHAN GUY BAUMBACH, as Joint Tenants with the Right of Survivorship. SEVENTH: RESIDUE OF ESTATE - I give, devise and bequeath all the rest, residue and remainder of my estate unto my children, MARY ROBERTSON, DONALD W BAUMBACH, JR., ALICE E DEIMLER, RANDY W BAUMBACH and JONATHAN GUY BAUMBACH in as nearly equal shares as possible, per stirpes. EIGHTH: PROTECTIVE PROVISION - To the greatest extent permitted by law, before actual payment to a beneficiary, no interest in income or principal shall be (i) assignable to a beneficiary or (ii) available to anyone having a claim against a beneficiary. NINTH: DEATH TAXES -All federal, estate and other death taxes payable on the property forming my gross estate, whether or not it passes under this will, shall be paid out of the principal of my probate estate just as if they were my debts, and none of those taxes shall be charged against any beneficiary. This provision shall not apply to any property over which I have a general power of appointment of federal estate tax purposes. TENTH: MANAGEMENT PROVISIONS - I authorize my Executrix, as follows: A. Retain/invest: To retain and to invest in ali forms of real estate and personal 1 '•.Forrestrn;.~rs~~htred~ocslt:etd Process?ns;tes~ate plarr:uis;lcliu:?Ys work!oaurnb<,c~~, sr., do~~a+.d'n'.LWEz~I".U5.4U~(i1~6.J<i05.rac ~ property, including common trust funds, mutual funds and money market deposit accounts and certificates of deposit, regardless of any limitations imposed by law on investments by executors or any principle of law concerning investment diversification; B. Compromise: To compromise claims and to abandon any property which, in my Executrix's opinion, is of little or no value; C. Borrow: To borrow from and to sell property to others, and to pledge property as security for repayment of any funds borrowed; D. Sell/Lease: To sell at public or private sale, to exchange or to lease for any period of time, any real or personal property and to give options for sales of leases; E. Capital Changes: To join in any merger, reorganization, voting-trust plan or other concerted action of security holders, and to delegate discretionary duties with respect thereto; F. Distribute: To distribute in kind and to allocate specific assets among the beneficiaries (including any custodian hereunder) in such proportions as my Trustee may think best, so long as the total market value of any beneficiary's share is not affected by such allocation. These authorities shall extend to all property at any time held by my Executor/rix or my Trustee and shall continue in full force until the actual distribution of all such property. All powers, authorities and discretion granted by this Will shall be in addition to those granted by law and shall be exercisable without court authorization. ELEVETH: EXECUTOR - I appoint my daughter, MARY ROBERTSON, Executrix of my Will. In the event of the death, resignation, renunciation or inability of MARY ROBERTSON to act as Executrix, I appoint my daughter, ALICE E DEIMLER, Executors of this, my Will. Neither my Executrix, nor any successor shall be required to give bond. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 08th day of FEBRUARY, 2005. L DONALD W BAUMBACH, SR.,, Testator In our at hi s ce, the above-named Testator signed this and declared it to be his will, and now, and~n~hi~s p~rese~j end i~ the presence of each other, we sign as witnesses: 2 . . F: ~. rc.,[~riy:~r's~S.rr _~ .~.,cs~.~Nore . ucessu?c3`,es?ate pL•,r:r;ing!~ti<:nYs workl8rurr"~<u:!;; .;'., ~cr;ralc'.v.! ;^3&T.t35-dU 01&o.Jai+t7~,c7rC ~' STATE OF PENNSYLVANIA . SS COUNTY OF FRANKLIN . I, DONALD W BAUMBACH, SR., having been duly qualified according to law, acknowledge that I signed the foregoing instrument as my Will, and that I signed it as my free and voluntary act for the purposes therein expressed. ~. DONALD W AUMBACH, S ., Testatoi- We, DONALD W BAUMBACH, 5R., the Testator in and the undersigned witnesses to the Will, the attached or foregoing instrument, who have signed the instrument, having been qualified according to law do depose and say: (a) that I, the Testator, do hereby acknowledge that 1 signed the instrument as my Will, that I signed it willingly and as my free and voluntary act for the purposes therein expressed; and (b) that we, the witnesses, were present and saw the Testator sign and execute the instrument as his Will, that he signed it willingly and executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the Will as witnesses and that to the best of our knowledge, the Testator was at that time eighteen or more years of age, of sound mind and under no constraint or undue influence. -~ vv i [n ess Subscribed, sworn to or affirmed, and acknowledged before me by the above-named Testator and by the witnesses whose names appear on this 08~h day of FEBRUARY. Notary ublic NOTARIAL SEAL FOREST N. MYERS, NOTARY PlJBLIC SHIPPENSBURG BOROUGH, COUNTY OF FRANKLIN MY COMNNSSION EXPIRES DECEMBER 17, 2005 3