HomeMy WebLinkAbout06-25-13 Pa. O.C. Rule 6.12 STATUS REPORT
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Name of Decedent: RUTH H. SIMONS
Date of Death: JULY 12, 2011 File Number:21-11-0802
Pursuant to Pa. O.C. Rule 6.12, 1 report the following with respect to completion of the administration of
the above-captioned estate:
1. State whether administration of the estate is complete: . . . . . . . . . . . . . . . . . . . . OYeS 0 No
2. If the answer is No, state when the personal representative
reasonably believes that the administration will be complete:
3. If the answer to No. I is YES, state the following:
a. Did the personal representative file a final account with the Court? . . . . . . . ®Yes MNo
b. The separate Orphans' Court No. (if any) for the personal
representative's account is:
c. Did the personal representative state an account
informally to the parties in interest? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . OYes ONo
d. Copies of receipts, releases,joinders and approvals of formal or informal accounts may be
filed with the Clerk of the Orphans' Court and may be attached to this report.
Date
t n nve of Person Fit/n this Farm
Cap city: oPersonal Representative ®i Counsel
t �^ Melanie Walz Scaringi, Esquire
I ;`• Name of Person Filing this Form
I�r ~ 2000 Linglestown Rd.. Suite 106
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(z) he in Harrisburg, PA 17110
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CV a 717.657.7770
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Form RW-10 r". 10.13.06
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ESTATE SETTLEMENT AGREEMENT
THIS AGREEMENT is entered into this �day of
20-1;)�by and between JOHN P. THOMPSON in his capacity as Executor of the Estate
of Ruth H. Simons(hereinafter sometimes referred to as"Executor'),and J.SCOTT
KEMPER;HARRY J.BAER,TRINITY UNITED METHODIST CHURCH,THE
ESTATE OF SHAUBUT C.WALZ,III(by Judith T.Walz,Executrix),BARBARA J.
BAER and BETSY L. THOMPSON, the six residual beneficiaries of the Estate of Ruth
H. Simons.
BACKGROUND
1. RUTH H. SIMONS (hereinafter"Decedent") died on July 12, 2011, a resident of
Cumberland County, Pennsylvania, leaving a Last Will and Testament dated March 29,
2010 (hereinafter"Will"). A copy of said Last Will and Testament is attached hereto and
marked as Exhibit A.
2. The Cumberland County Register of Wills issued Letters Testamentary on July 20,
2011, to John P. Thompson,as Executor.
3. hi her Last Will and Testament,Decedent named six residual beneficiaries, as follows:
a. 7%to J. Scott Kemper;
b. 7%to Harry J.Baer;
C. 7%to Trinity United Methodist Church;
d. The remainder to be divided equally among the Decedent's children,
namely: Shaubut C. Walz,III, Barbara J. Baer, and Betsy L. Thompson
4. John P. Thompson and his legal counsel, the Law Firm of Scaringi&Scaringi,
P.C.,have been dutifully carrying out the administration of the Estate of Ruth H. Simons
since July 2011. They advertised the grant of Letters Testamentary, gave legal Notices to
the Beneficiaries,handled all administrative matters regarding gathering the assets of the
estate and paying the debts of the estate,prepared and filed a County Inventory of
Decedent's property,prepared and filed a PA Inheritance Tax Return for the Decedent's
Estate, and paid an Inheritance Tax deposit thereon,prepared and filed PA and Federal
Fiduciary Income Tax Returns, and paid the taxes due thereon for the first tax year of the
estate (fiscal year ending July 31, 2012).
5. John P. Thompson and his legal counsel have paid in frill the claims of all Creditors
of the Decedent and the Decedent's Estate known to them.
6. John P. Thompson and his legal counsel believe that the Administration of the
Estate of Ruth H. Simons is complete except for the anticipated receipt of a refund from the
PA Department of Revenue, and except for the preparation and filing of Pennsylvania and
Federal fiduciary income tax returns, and payment of the tax due thereon.
7. The Executor has earned and paid himself an Executor's commission from the
Estate to compensate him for the work performed in administrating the estate. The legal
fees earned in the administration of the Estate(based on hourly billing) exceeded the figure
that Scaringi & Scaringi,P.C.ultimately charged the Estate. Scaringi & Scaringi,P.C.
limited its legal fee to the amount of the Executor's commission in light of the fact that the
Executor, John P. Thompson and Scaringi & Scaringi,P.C. put in similar time and effort on
the Estate Administration. The Executor's commission and Legal Fees are considered to
be reasonable and are on the low-end of what is considered standard in the industry.
8. John P. Thompson and his legal counsel have prepared the Informal Account and
Schedule of Proposed Distributions of the Estate's assets, income, gains, debts,
disbursements and distributions. John P. Thompson presents said Informal Account and
Schedule of Proposed Distributions herewith as a part of this Estate Settlement Agreement.
A copy of said Informal Account and Schedule of Proposed Distributions is attached
hereto,made a part hereof, and marked as Exhibit B.
9. The six residual beneficiaries, and the PA Office of Attorney General, have been
given the opportunity to review the Last Will and Testament of the Decedent, and to review
the records of the Executor, and based upon such opportunity or examination,they have
determined that they have sufficient information to make an informed decision to waive
their right to a Formal Accounting.
10. This Agreement, the Last Will and Testament, and the Informal Account and
Schedule of Proposed Distributions have been submitted to the PA Office of Attorney
General for approval, and that office has indicated that it has no objection to same. A copy
of the letter from the Office of Attorney General is attached hereto and made a part hereof,
and is marked as Exhibit C.
AGREEMENT
NOW THEREFORE, for and in consideration of the willingness of the Executor,
John P. Thompson, to make the distributions to the six residual beneficiaries according to
the percentages set forth in the Decedent's Last Will and Testament, and more particularly
according to the Informal Account and Schedule of Proposed Distributions,without the
protection afforded to him by a formal adjudication of an Executor's Account so that said
distributions can be expedited,we, the residual beneficiaries whose names and signatures
appear below, on behalf of ourselves, our heirs,personal representatives, successors and
assigns, do hereby:
1. Acknowledge that we have read this Agreement and believe that the facts set forth
herein are true and correct to the best of our knowledge and belief;
2. Acknowledge that we are familiar with the terms of the Last Will and Testament of
the Decedent;
3. Waive the necessity of the filing of a Formal Account of the administration of this
Estate, with respect to the income and principal, gains and losses thereof, in any court
which has jurisdiction,in particular, the Orphans' Court Division of the Court of Common
Pleas of Cumberland County, Pennsylvania;
4. Declare that we have examined the Informal Account and Schedule of Proposed
Distributions, prepared by the Executor,which is attached hereto as Exhibit B and
incorporated herein, and find the same to be true and correct in all particulars; accept and
approve it with the same force and effect as if it had been prepared and duly filed with,
audited, adjudicated and confirmed absolutely by such court which has jurisdiction over
this estate, and, as if the balance of principal and income and gains had been awarded by
said court in accordance with this Agreement and the Informal Account and Schedule of
Proposed Distributions;
5. Warrant that we know of no outstanding and unsatisfied claims against the Estate
and/or the Decedent, and approve of the distributions as set forth in the Informal Account
and Schedule of Proposed Distributions;
6. Absolutely and irrevocably release and discharge the Executor,his personal
representatives, heirs, successors and assigns, and attorneys at law, from any and all
actions, liabilities, claims and demands,including specifically but not limited to liability
arising in connection with any mistake of fact or law,or negligent or careless act or
omission by the Executor and/or his Attorney, in connection with the administration and
distribution of assets shown in the Informal Account and Schedule of Proposed
Distribution, without a formal court accounting and adjudication;
7. Agree to promptly refund to the Executor such part or all of the share which has
been or is being distributed to us which may at any time be determined to have been an
erroneous distribution to us regardless of the cause of such error, even if attributable to
negligence;
8. Agree that any period of limitation of actions for the collection for any erroneous
distribution to any of us shall commence only at such time as the.Executor has obtained
actual knowledge of such erroneous distribution and that in no event shall the obligation to
collect any erroneous distribution start earlier than the actual discovery thereof by the
Executor.
9. With respect to any distributions of income, gains or principal,which we have
received, or will receive upon execution of this agreement, agree to indemnify and hold
harmless John P. Thompson and the law firm of Scaringi & Scaringi, P.C., their personal
representatives, heirs, successors and assigns, from any liability, loss or expense (including
but not limited to costs and counsel fees), arising from any cause whatsoever, which may
be incurred by the Executor as a result of the administration of this estate or distribution in
accordance with this agreement including, but not limited to, any liability for any federal
estate tax,Pennsylvania inheritance tax or any other death taxes and federal, state and local
income taxes, together with any interest and costs incidental thereto,relating in any way to
the estate and also including, but not limited to, any assets received or payments or
distributions made by reason of any negligence or mistake of fact or law;
10. Remise, release, quit claim and forever discharge the said John P. Thompson,
Executor, and the said law firm of Scaringi & Scaringi, P.C.,their personal representatives,
heirs, successors and assigns, of and from the said share, and of and from all actions, suits,
payments accounts reckonings, claims and demands whatsoever, for or by reason thereof.
11. Understand that this Agreement may be signed in counterpart originals, all of which
together shall be deemed to constitute one original; and
12. Agree that this agreement shall be governed by the laws of the Commonwealth of
Pennsylvania.
13. Agree that the"Background"paragraphs listed herein above are an integral part of
this Agreement.
IN WITNESS WHEREOF, we have hereunto set our hands and seals to this
Agreement on the dates set forth below.
WITNESS:
Witness JOHN P. THOMPSON,Executor
Date: Z Z I
Witness J. SCOTT KEMPER,Beneficiary
Date:
Witness HARRY J.BAER,Beneficiary
Date:
TRINITY UNITED METHODIST
CHURCH,Beneficiary
Witness BY:
Authorized Agent
Date:
11. Understand that this Agreement may be signed in counterpart originals, all of which
together shall be deemed to constitute one original; and
12. Agree that this agreement shall be governed by the laws of the Commonwealth of
Pennsylvania.
13. Agree that the "Background"paragraphs listed herein above are an integral part of
this Agreement.
IN WITNESS WHEREOF, we have hereunto set our hands and seals to this
Agreement on the dates set forth below.
WITNESS:
Witness JOHN P. THOMPSON,Executor
Date:
1 HA
Witness J. SCOTT KE PER, Beneficiary
Date:
Witness HARRY J. BAER,Beneficiary
Date:
TRINITY UNITED METHODIST
CHURCH, Beneficiary
Witness BY:
Authorized Agent
Date:
1 1. Understand that this Agreement may be signed in counterpart originals, all of which
together shall be deemed to constitute one original; and
12. Agree that this agreement shall be governed by the laws of the Commonwealth of
Pennsylvania.
13. Agree that the `Background"paragraphs listed herein above are an integral part of
this Agreement.
IN WITNESS WHEREOF, we have hereunto set our hands and seals to this
Agreement on the dates set forth below.
WITNESS:
Witness JOHN P. THOMPSON, Executor
Date:
Witness J. SCOTT KEMPER, Beneficiary
Date:
Witness HARRY J. BAER, Beneficiary
Date: 1 �.
TRINITY UNITED METHODIST
CHURCH, Beneficiary
Witness BY:
Authorized Agent
Date:
11. Understand that this Agreement may be signed in counterpart originals, all of which
together shall be deemed to constitute one original; and
12. Agree that this agreement shall be governed by the laws of the Commonwealth of
Pennsylvania.
11. Agree that the "Background"paragraphs listed herein above are an integral part of
this Agreement.
IN WITNESS WHEREOF, we have hereunto set our hands and seals to this
Agreement on the dates set forth below.
WITNESS:
Witness JOHN P. THOMPSON, Executor
Date:
Witness J. SCOTT KEiMPER, Beneficiary
Date:
Witness HARRY J. BAER, Beneficiary
Date:
TRINITY UNITED METHODIST
CHURCH Beneficiary
Fe��cw Q MLCC. v —Witness BY:
Authoriz Agent
Date: ' z 3
c,
ESTATE OF SHAUBUT C. WALZ,III,
Beneficiary
o
Witness BY: DITH T. WALZ, Exe tr'x
Date: o? D1a
Witness BARBARA J. BAER, Beneficiary
Date:
Witness BETSY L. THOMPSON, Beneficiary
Date:
COMMONWEALTH OF PENNSYLVANIA
SS.:
COUNTY OF DAUPHIN
On the day of 20 , before me,the subscribing
witness, a Notary Public, in and for the Commonwealth of Pennsylvania,personally appeared
the above-named JOHN P. THOMPSON(who signed this Agreement as Executor)and in
due form of law acknowledged the foregoing Agreement to be his act and deed and desired
the same to be recorded as such.
Witness my hand and Notarial Seal the day and year aforesaid.
(SEAL)
Notary Public
My Commission Expires:
ESTATE OF SHAUBUT C. WALZ, III,
Beneficiary
Witness BY: JUDITH T. WALZ, Executrix
Date:
C ��CX'uur�
Witness BARBARA J. BA O2, Beneficiary
Date: f ct,N.• 00\
Witness BETSY L. THOMPSON, Beneficiary
Date:
COMMONWEALTH OF PENNSYLVANIA
SS.:
COUNTY OF DAUPHIN
On the day of 20 , before me,the subscribing
witness, a Notary Public, in and for the Commonwealth of Pennsylvania, personally appeared
the above-named JOHN P. THOMPSON(who signed this Agreement as Executor) and in
due form of law acknowledged the foregoing Agreement to be his act and deed and desired
the same to be recorded as such.
Witness my hand and Notarial Seal the day and year aforesaid.
(SEAL)
Notary Public
My Commission Expires:
ESTATE OF SHAUBUT C.WALZ,HI,
Beneficiary
Witness BY: JUDITH T. WALZ,Executrix
Date:
Witness BARBARA J.BAER, Beneficiary
Date:
Witness BETSY 19. THOMPSON,Beneficiary
Date: /a-dG-i-P
COMMONWEALTH OF PENNSYLVANIA
SS.:
COUNTY OF DAUPHIN
On the "Z 6 day of .>e ce. bf,- 201z before me,the subscribing
witness,a Notary Public, in and for the Commonwealth of Pennsylvania,personally appeared
the above-named JOHN P.THOMPSON(who signed this Agreement as Executor)and in
due form of law acknowledged the foregoing Agreement to be his act and deed and desired
the same to be recorded as such.
Witness my hand and Notarial Seal the day and year aforesaide
A" (SEAL)
Notary Public
My Commission Expires:
NOTARIAL SEAL
DOMINIC M FURE
Notary Public
SUSQUEHANNA TWP., DAUPHIN COUNTY
My Commission Expires Jun 2,2016
COMMONWEALTH/STATE OF
COUNTY OF ��%GUQr� : SS.:
On the / day of 20—/-A before me,the subscribing
witness, a Notary Public, in and for th,e onwealth/State of /E?"/personally appeared the above-namet. �COTT KEMPER(who signed this Agreement as
Beneficiary) and in due form of law acknowledged the foregoing Agreement to be his act and
deed and desired the same to be recorded as such.
Witness my hand and Notarial Seal the day and year aforesaid.
//(SEAL)
Notary ublic
My Commission Expires: //1q/�/�
COMMONWEALTH OF PENNSYLVANIA
Notarial seal
Maureen Smyth,Notary Public
Havertord TwP.,Delaware county
My Commission Expires Nov.19,2014
MEMBER,PENIJSYWANIA ASSOCIATfON OF NOTARIES
COMMONWEALTH/STATE OF
SS.:
COUNTY OF
On the day of 20_,before me,the subscribing
witness, a Notary Public,in and for the Commonwealth/State of
personally appeared the above-named HARRY J.BAER(who signed this Agreement as
Beneficiary) and in due form of law acknowledged the foregoing Agreement to be his act and
deed and desired the same to be recorded as such.
Witness my hand and Notarial Seal the day and year aforesaid.
(SEAL)
Notary Public
My Commission Expires:
COMMONWEALTH/STATE OF
SS.:
COUNTY OF
On the day of 120 before me, the subscribing
witness, a Notary Public_, in and for the Commonwealth/State of
personally appeared the above-named J. SCOTT KEMP.ER(who signed this Agreement as
Beneficiary) and in due form of law acknowledged the foregoing Agreement to be his act and
deed and desired the same to be recorded as such.
Witness my hand and Notarial Seal the day and year aforesaid.
(SEAL)
Notary Public
My Commission Expires:
COMMONWEALTH/STATE OF
SS.:
COUNTY OF 6IL-wti v✓�
On the � day of 20 v , before me,the subscribing
witness, a Notary Public, in and for the Commonwealth/State of �i7s,/tea
personally appeared the above-named HARRY J. BAER(who signed this Agreement as
Beneficiary) and in due form of law acknowledged the foregoing Agreement to be his act and
deed and desired the same to be recorded as such.
Witness my hand and Notarial Seal the day and year aforesaid.
(SEAL)
Notary Public
My Commission Expires:
COMMONWEALTH OF PENNSYLVANI
NOTARIAL SEAL
SKYE R.FISHER,Notary Public
S.Middleton TWp:,Cumberland County
My Commission Expires November 26,2016
COMMONWEALTH/STATE OF TkOPck,
SS.:
COUNTY OF C lrcf iaH�
On the tTn day of uo 20 13, before me, the subscribing
witness, a Notary Public, in a for the Com hwealth/ tate of
personally appeared the above-named 2G2e e r known to me (or
satisfactorily proven)to be an authorized agent the Trinity United Methodist Church, a
Beneficiary of the Estate of Ruth H. Simons, and in due form of law acknowledged the
foregoing Agreement to be h_act and deed and desired the same to be recorded as such.
Witness my hand and Notarial Seal the day and year aforesaid.
(SEAL)
EZCRIANE MCCOf1RRV Notary Public public L,, 2 da My Commission Expit m. Exp74 missio^��ugh Nsn
COMMONWEALTH/STATE OF
SS.:
COUNTY OF
On the day of 20 , before me, the subscribing
witness, a Notary Public, in and for the Commonwealth/State of
personally appeared the above-named JUDITH T. WALZ, known to me (or satisfactorily
proven)to be the EXECUTRIX OF THE ESTATE OF SHAUBUT C. WALZ,HI, a
Beneficiary of the Estate of Ruth H. Simons, and in due form of law acknowledged the
foregoing Agreement to be her act and deed and desired the same to be recorded as such.
Witness my hand and Notarial Seal the day and year aforesaid.
(SEAL)
Notary Public
My Commission Expires:
COMMONWEALTH/STATE OF
SS.:
COUNTY OF
On the day of 20 before me,the subscribing
witness, a Notary Public, in and for the Commonwealth/State of
personally appeared the above-named ,known to me (or
satisfactorily proven)to be an authorized agent of the Trinity United Methodist Church, a
Beneficiary of the Estate of Ruth H. Simons, and in due form of law acknowledged the
foregoing Agreement to be h_act and deed and desired the same to be recorded as such.
Witness my hand and Notarial Seal the day and year aforesaid.
(SEAL)
Notary Public
My Commission Expires:
COMMONWEALTH/STATE OF
� 1 SS.:
F COUNTY OF C Kq—
On the fLf f{ ; day of M,f t 201A before me,the subscribing
witness, a Notary Public, in and for the Commonwealth/State ofN I5(Gi_VAN I
personally appeared the above-named JUDITH T. WALZ, known to me(or satisfactorily
proven)to be the EXECUTRIX OF THE ESTATE OF SHAUBUT C. WALZ,III,a
Beneficiary of the Estate of Ruth H. Simons, and in due form of law acknowledged the
foregoing Agreement to be her act and deed and desired the same to be recorded as such.
Witness my hand and Notarial Seal the day and year aforesaid.
la.h&)fA) (SEAL)
Notary Public
My Commission Expires:
. COMMONWEALTH ..
Notanal Seal
Shari R.Copenhaver,Notary Public
Oliver Twp.,Peny County 2016
My commi55Ion Expires Sept.13,
MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES
COMMONWEALTH/STATE OF 1675ghAni iq
SS.:
COUNTY OFatra Luir,9d
On the day of I,kiYLU1 rV 20 13, before me,the subscribing
witness, a Pub
Notary lic, in and for the Commonwealth/State of Peptisgl yon i l
personally appeared the above-named BARBARA I BAER(who signed this Agreement as
Beneficiary) and in due form of law acknowledged the foregoing Agreement to be her act and
deed and desired the same to be recorded as such.
Witness my hand and Notarial Seal the day and year aforesaid.
A .
LEA ) Q> &CLJ E (SEAL)
Notary P blic
My Commission Expires:MI dC/E
COMMONWEALTH OF NENNSYLVANIA
NOTARIALSEAL
KATHY A.BURKETI.Notary Public
S.Middleton Twp.,Cumberland County
My Oommisslon Expires May 23,2016
COMMONWEALTH/STATE OF
SS.:
COUNTY OF
On the day of 20 before me,the subscribing
witness, a Notary Public, in and for the Commonwealth/State of
personally appeared the above-named BETSY L. THOMPSON (who signed this Agreement
as Beneficiary) and in due form of law acknowledged the foregoing Agreement to be her act
and deed and desired the same to be recorded as such.
Witness my hand and Notarial Seal the day and year aforesaid.
(SEAL)
Notary Public
My Commission Expires:
COMMONWEALTH/STATE OF
SS.:
COUNTY OF
On the day of 20_,before me,the subscribing
witness,a Notary Public, in and for the Commonwealth/State of
personally appeared the above-named BARBARA J.BAER(who signed this Agreement as
Beneficiary)and in due form of law acknowledged the foregoing Agreement to be her act and
deed and desired the same to be recorded as such.
Witness my hand and Notarial Seal the day and year aforesaid.
(SEAL)
Notary Public
My Commission Expires:
COMMONWEALTH/STATE OF
' SS::
COUNTY OF
On the 72'6 day of �cccr laer 20_1�,before me,the subscribing
witness,a Notary—Public' and for the Commonwealth/State ofc.�
personally appeared the above-named BETSY L.THOMPSON(who signed this Agreement
as Beneficiary)and in due form of law acknowledged the foregoing Agreement to be her act
and deed and desired the same to be recorded as such.
Witness my hand and Notarial Seal the day and year aforesaid.
(SEAL)
Notary Public
My Commission Expires:
E NOTARIAL SEAL
DOMINIC M FURE
Notary Public
NNA TWP. DAUPHIN COUNTY
mission Expires Jun 2, 2016
j
or
I,RUTH 1I. SIMONS,of Cumberland County,Pennsylvania, born July 2,
1922, being of sound and disposing mind,memory and understanding, do make,
publish and declare this to be my Last Will and Testament, hereby revoking all Wills
and Codicils at any time heretofore made by me. {
3
FIRST: I direct payment of the expenses of my last illness,funeral and
burial costs,and administration expenses from my Estate,be paid by my Estate,as an
expenses of my Estate,as soon after my death as conveniently may be done.
SECOND: I-direct that all estate,inheritance, legacy,succession or transfer
taxes, including any interest and penalties thereon, imposed by any law with respect to
caringi all property taxable under such law by reason of my death,whether or not such
e4(��carinyi,e.c. property p uner s m y asses d this Last Will and Testament and whether such taxes be
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A Full service Law Fire, payable by my estate or by any recipient of any such property,shall be paid by my
Executor out of the principal of my residuary estate before distributions are made to
2000 Linglestown Road
Suite 106 any beneficiary(even a charity beneficiary), with no right of reimbursement from any
Harrisburg,PA 17110
717-657-7770 recipient of any such property.
717-057-7797(far)
14 s.2nd Street THIRD: I give and bequeath my tangible personal property,including but
Newport,PA 17074
717-567-0380 not limited to clothing and wearing apparel,jewelry, books,pictures,paintings, silver,
717-567-0379(Fax) china,crystal,furniture and furnishings,yard tools,household tools,vehicles,and the
wwwscaringilarv.cnm •
�Xhib�t �
like(not cash or securities), in equal shares,to my three children,namely: my son,
SHAUBUT C. WALZ,III,born September 4, 1943, my daughter, BARBARA J.
BAER,born August 19, 1945, and my daughter, BETSY L. THOMPSON, born
November 10, 1946 (hereinafter collectively"my children").
My Executor shall have full authority to resolve any disputes or issues regarding
the distribution of my tangible personal property. It is my desire that each of my
children shall receive an equal portion of my sentimental tangible personal property,
and that each of my children shall receive an equal portion of my non-sentimental
tangible personal property (or its monetary equivalent if the non-sentimental assets are
sold).
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I
FOURTH: I give, devise, and bequeath all the rest, residue and remainder of
i
my estate, whatsoever and wherever situate, as follows:
a. Seven percent (7%)to my step-grandson,J. SCOTT KEMPER, born
November 26, 1958.
b. Seven percent(7%)to my former son-in-law, HARRY J.BAER, born
August 7, 1941. In the event that he predeceases me, then I give, devise, and
bequeath his share of my estate in equal shares to his then-living children in equal
shares.
C. Seven percent(7%)to the Trinity United Methodist Church of Charlotte
caring' Harbor, Florida.
I�—�
1 caringi,r.c. d. I give,devise and bequeath all the rest, residue and remainder of my estate,
A Fill Service Law Firm
whatsoever and wherever situate, in equal shares, to my three children,namely:
2000 Lingles(own Road SHAUBUT C. WALZ,III; BARBARA J. BAER; and BETSY L. THOMPSON.
Suite 106
Harrisburg,PA 17110 In the event that any of my children predeceases me, then I give, devise, and bequeath
717-657-7770
717-657-7797(tax) that child's share of my estate to his or her issue,per stirpes.
I
14 S.2nd Street
Newport,PA 17074 FIFTH: I appoint my son-in-law, JOHN P. THOMPSON, born
717-567-0380
717-567-0379(Fax) September 15, 1946, as Executor of this, my Last Will and Testament. He is to serve
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as such without bond. In the event that my son-in-law,JOHN P.THOMPSON, is
unable or unwilling to serve as Executor,I appoint my son,SHAUBUT C.WALZ,III,
my daughter,BARBARA J.BAER,and my daughter,BETSY L.THOMPSON,or
the survivors of the three,as the contingent co-Executors of this, my Last Will and
Testament. They are to serve as such without bond.
SIXTH: In addition to and without limiting the powers conferred upon my
Executor by statute, case law, and by provisions hereof,my Executor shall have the
following rights and powers exercisable until final distribution of my Estate,without
the need for court approval:
1. Accept and Retain Investments. To accept and retain any form of real or
personal property received by transfer,devise, bequest, or otherwise without being
required to diversify and without being limited to the types of investments in which
fiduciaries are authorized by law to invest.
2. Invest and reinvest. To invest and reinvest in any form of real or personal
e� property without limitation by any law applicable to investments by fiduciaries.
3. Compromise. To compromise claims and abandon any properly that, in my
Executor's opinion, is of little or no value.
4. Borrow. To borrow from anyone and pledge property as security for repayment
of any funds borrowed.
—,caringi 5. Distributions. To make distributions in "cash or in kind, or partly in each, and to
1�caringi;ec. allot different kinds of property to different shares without regard to differences in the
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income tax basis of such property. Any such designation,division, allocation,
2000 Linglestown Road apportionment or valuation of property shall be binding and conclusive on all parties.
Suite 106
Harrisburg,PA 17110 6. Settle Claims. To institute,prosecute and defend any and all legal proceedings;
7t7-657-7770
717-657-7797(fix) and compromise,release, adjust and/or settle any debt or claim.
7. Employment of Agents. To employ agents including attorneys, accountants, and
14 S.2nd Street
Newport,PA 17074 others to perform professional or administrative functions and duties. -
717-567-0380
717-567-0379(Fax)
as waa.ainringilaay.com
3
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8. Voting rights. To vote a security in person or by proxy, to participate in or
consent to any merger,reorganization,dissolution, liquidation, voting trust plan, or
other action affecting any securities held hereunder; and to exercise conversion,
subscription, and other rights of whatever nature.
9. Title to property. To register or hold securities and/or other property in the
name of a nominee or nominees, including that of a clearing corporation, a depository,
in book entry form, or to retain securities and/or other property unregistered or in a
form permitting transfer by delivery.
10. Sale, lease or other dealings with property. To sell, from time to time, at public
or private sale, exchange, lease, encumber, option or otherwise dispose of all or any
portion of the assets held hereunder; to make, execute and deliver deeds,mortgages,
c
leases, assignments and other documents necessary to carry out any of the powers
granted hereunder, which shall specifically include the authority to grant leases which
extend beyond the period authorized by law; and to partition, subdivide, improve and
impose any restrictions on real estate held hereunder and enter into agreements
concerning the partition, subdivision, improvement, zoning or management of such
real estate.
11. Disclaim. To disclaim any interest in property which would devolve to me or to
my estate by whatever means, including but not limited to the following means: as a
beneficiary under a will, as an appointee under the exercise of a power of
caringJi appointment, as a person entitled to take by intestacy, as a donee/beneficiary of an
I�&SI ,caringi,r.o. inter vivos transfer, as a beneficiary under an insurance policy, as a beneficiary under
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an individual retirement account or annuity, and as a beneficiary under any qualified
2000 Linglesrown Road or non-qualified retirement plan.
Suite 106
Harrisburg,PA 17110 12. Death taxes. To exercise any options available in determining and paying
717-657-7770
717-657-7797(fax) income, gift and death taxes in my estate, and to allocate my generation skipping tax
14 S.2nd Street exemption.
Newpoi t,PA 17074
717-567-0380
717-567-0379(Fax)
��wrvscariuRilmv.com
4
SEVENTH: Except where the context indicates otherwise, words in the
singular number shall include the plural,and vice versa, and words in the masculine
gender shall include the feminine,and vice versa.
i
IN WITNESS WHEREOF,I have hereunto set my hand and seal this {
day of_,Vj 2019
J {SEAL,
RUTH H.SIMONS I
The preceding instrument,consisting of this and four(4) other typewritten
pages, and the self-proving page that follows,each identified in the margin thereof by
the signature of the Testatrix,was on the date thereof signed,published and declared
by her,the Testatrix therein named, who at her request, in her presence, and in the
presence of each other have subscribed our names as witnesses hereto.
(� f
(SrAL)
MELANIE WALZ S INGI
caringi <
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1✓caringi,ac, .., :.._�--'_-(S'EAL)
A Full Service Law Firm Ai ANDA U EMERSON
2000 Linglestown Road
Suite 106
Harrisburg,PA 17110
717-657-7770
717-657-7797(fax)
14 S.2nd Street f
Newport,PA 1.7074
717-567-0380
717-567-0379(Fax)
1vorvv.scuri1+gi6ivx0 m .
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I
COMMONWEALTH OF PENNSYLVANIA
: SS:
COUNTY OF DAUPHIN
We, RUTH H. SIMONS,MELANIE WALZ SCARINGI and AMANDA L.
EMERSON,the Testatrix and the witnesses,respectively, whose names are signed to
the attached or foregoing instrument,being first duly sword,do hereby declare to the
undersigned authority that the Testatrix signed and executed the instrument as her Last
Will and Testament and that she signed willingly,and that she executed it as her free and
voluntary act for the purposes therein expressed, and that each of the witnesses,in the
presence and hearing of the Testatrix,signed the Will as witness and that to the best of
their knowledge the Testatrix was at that time eighteen years of age or older,of sound
mind and under no constraint or undue influence.
/,
TESTATRIX: U �7nv f nti
RUT�H�H. SIMONS �
WITNESS: ti1U,
N�E ANIE W LZ S GI
WITNESS: ��✓'�(�
caringi
AMANDA L.EMERSON
1�caringi,r.c Subscribed, sworn to and acknowledged before me by RUTH H. SIMONS,the
A Full Service Law Firin Testatrix, and subscribed and sworn to before me by MELANIE WALZ SCARINGI
and AMANDA L.EMERSON,witnesses, this'; ; day of 'InG re 1.
2000 Linglestown Road 201 _•
Suite 106
Harrisburg,PA 17110 SIGNED: �i—• �-z—�-7�-s �
717-657-7770 'Notary Public
717-657-7797(fax)
My Commission Expires:
14 S.2nd Street
Newport,PA 17074
717-567-0380
717-567-0379(Fax) ESUSOUEHANNA OTARIAL SEAL
avwlvscnringlmv.com MINIC M PURE -
Notary Public
TWP,DAUPHIN COUNTY
sion Expires Jun 2,2012 6
INFORMAL ACCOUNT AND STATEMENT OF PROPOSED DISTRIBUTION
OF
JOHN P.THOMPSON,EXECUTOR
FOR
ESTATE OF RUTH H. SIMONS,DECEASED
Date of Death: July 12, 2011
Date of Executor's Appointment: July 20, 2011
First Complete Advertisement of Grant of Letters: August 5, 2011
Accounting for the Period: July 12, 2011 to November 21,
2012 .
Gross Estate—Date of Death Value $476,334.85
Purpose of Account: The Executor offers this Account to acquaint interested parties with the transactions
that have occurred during the Administration of the Estate.
Requests for additional information, questions or objections can be discussed with:
Melanie Walz Scaringi, Esq.
Attorney ID# 88347
Scaringi & Scaringi, PC
2000 Linglestown Road, Suite 106
Harrisburg, PA 17110
Phone (717)657-7770
Fax(717) 657-7797
melan i e @scaringi law.com
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PRINCIPAL RECEIPTS—DATE OF DEATH VALUES
Personal Property
Personal property located at Decedent's residence
(appraised value including$119.00 of coins) $3,617.00
Stock
1000 units of Boston Capital Tax Credit Fund 2LPS14 ($0.05/unit) $50.00
500 units of Boston Capital Tax Credit Fund 4LPS23 ($0.10/unit) $50.00
500 units of Boston Capital Tax Credit Fund 4LPS29 ($0.20/unit) $100.00
Mutual Funds and Securities
Edward Jones Account No. 896-12881-1-8 $422,992.39
Cash
M &T Checking Account No. 9845712091 $6,531.25
Cash in wallet $85.00
Edward Jones Account No. 896-12881-1-8—Money Market Funds $39,041.00
Subsequent Receipts
Dickinson College Trust Deposits from 7/19/11 and 10/13/11 $94.76
Lehigh University Gift Annuity Deposit for July 2011 $85.56
U.S. Treasury—Income Tax Refund $225.00
PA Department of Revenue—Income Tax Refund $288.00
Social Security Income Direct Deposit on 8/3/11 $91 1.00
State of Florida Department of Financial Services (Unclaimed Property) $2,378.73
United Healthcare Refund $32.40
Bankers Life/Casualty Company Refund $52.76
TOTAL PRINCIPAL RECEIPTS $476,334.85
2
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PRINCIPAL GAINS OR LOSSES ON SALES OR OTHER DISPOSITIONS
2011 -None $0.00
2012—Unknown for sure for income tax purposes(until Edward.tones issues 1099 at $3,938.71
end of January 2013)but net gains and losses are anticipated to be$3,938.71.
TOTAL ANTICIPATED NET GAINS ON SALES OR OTHER DISPOSITIONS $3,938.71
RECEIPTS OF INCOME
Federal Tax Exempt Interest for period July 13, 2011 to December 31, 2011 $465.53
Private Activity Bond Interest for period July 13, 2011 to December 31, 2011 $38.36
Dividends for period July 13, 2011 to December 31, 2011 $586.83
Federal Tax Exempt Dividends for period January 1,2012 to July 31, 2012 $3,253.20
Private Activity Bond Interest for period January 1, 2012 to July 31, 2012 $1,154.38
Dividends for period January 1, 2012 to July 31,2012 $1,674.96
Dividends on Tax Free Money Market for period January 1, 2012 to July 31, 2012 $3.23
Interest on IMIT for period January 1, 2012 to July 31,2012 $31.55
Federal Tax Exempt Dividends for period Aug 1,2012 to Nov. 21, 2012 $1,23839
Private Activity Bond Interest for period Aug 1, 2012 to Nov. 21, 2012 $436.89
Dividends for period Aug 1, 2012 to Nov. 21, 2012 $552.30
Dividends on Tax Free Money Market for period Aug 1,2012 to Nov. 21, 2012 $0.99
Interest on IMIT for period Aug 1, 2012 to Nov.21, 2012 $13.60
TOTAL INCOME $9,450.21
3
DISBURSEMENTS MADE DURING ESTATE ADMINISTRATION
DEBTS OF DECEDENT-None $0.00
TOTAL DEBTS OF DECEDENT $0.00
FUNERAL EXPENSES
Larry Taylor Funeral and Cremation Services $820.00
Lighthouse Church Pastor and Pianist-donation $175.00
TOTAL FUNERAL EXPENSES $995.00
ADMINISTRATION EXPENSES
Cumberland County Register of Wills—Probate fee $477.50
Larry Taylor Funeral Home—Additional Death Certificates $85.00
Copy, Postage and Misc. Administrative expenses advanced by Executor and reimbursed $81.88
Cumberland County Law Journal—Publication of Legal Notice $75.00
The Sentinel—Publication of Legal Notice $178.92
United Healthcare premium—cleared M&T Checking after date of death $32.40
Advantage Partnership Board—Commissions and transaction fees for sale of 1000 Units $340.00
of Boston Capital Tax Credit Fund 2LPS14
Advantage Partnership Board—Commissions and transaction fees for sale of 500 Units of $340.00
Boston Capital Tax Credit Fund 4LPS23
Advantage Partnership Board—Commissions and transaction fees for sale of 500 Units of $340.00
Boston Capital Tax Credit Fund 4LPS29
US Treasury Social Security Reverse Direct Deposit of August 2011 Social Security $911.00
Payment
Lehigh University Gift Annuity Reimbursement check for July 2011 disbursement that $85.56
should not have been paid because it was made after date of death
Dickinson College reimbursement check for October 13, 20 1.1 disbursement that should $47.38
not have been paid
Misc. administrative expenses(faxes,postage, photocopy expenses)advanced by Scaringi $455.29
& Scaringi, P.C. and reimbursed
Money Market Check Reorder fees to Edward Jones $3.00
TOTAL ADMINISTRATION EXPENSES $3,452.93
4
TAXES PAID
Pennsylvania Inheritance Tax Deposit(actual amount believed to be due is $40,487.88. $44,000.00
(Refund of$5,536.51 is anticipated(which includes a credit for early payment in the amount
of$2,024.39)—see "ANTICIPATED REFUND, RESERVES ..."below)
*Note that PA Inheritance Tax had to be paid on $390,000 in gifts made by Decedent
during her last year of life in addition to the assets owned by Decedent at her death, which is
why the tax due was so high.
PA Fiduciary Income Tax Payment- Tax year ending July 31, 2012 $246.00
Foreign Tax Paid(via Edward Jones Investment Account)reflected on 2011 consolidated $45.67
1099 from Edward Jones
TOTAL TAXES PAID $44,291.67
FEES& COMMISSIONS
Patricia A. Rosendale CPA LLC for preparation of Decedent's Personal Income Tax $310.00
Returns
Ibis Appraisal Services for appraisal of personal property $240.00.
John P. Thompson, Executor's Commission for Estate Administration $18,000.00
Scaringi & Scaringi, P.C.—Legal Fees for Estate Administration, Preparation of PA $1 8,000.00
Inheritance Tax Returns,Preparation of Fiduciary Income Tax Returns for year ending July
31, 2012 and year ending July 31, 2013
TOTAL FEES & COMMISSIONS $36,550.00
TOTAL DISBURSEMENTS $85,289.60
5
DISTRIBUTIONS MADE TO BENEFICIARIES
PERSONAL PROPERTY DISTRIBUTIONS PER WILL
Beneficiary Distribution
Shaubut C. Walz, Bl,201 Walz Road,.Liverpool, PA 17045 Misc. Personal $240.00
property
Barbara J. Baer, 100 Media Road, Carlisle, PA 17013 —Family Misc. Personal $3,200.00
exemption claimed regarding this distribution property
Betsy L. Thompson, 7565 Morningstar Avenue, Harrisburg,PA 17112 Misc. Personal $177.00
Property
TOTAL PERSONAL PROPERTY DISTRIBUTED $3,617.00
MISC. EARLY DISTRIBUTIONS TO BENEFICIARIES
Beneficiary Distribution
Shaubut C. Walz, QI, 201 Walz Road, Liverpool, PA 17045 - Check $63.00
Estate issued a check for$63 to Betsy L. Thompson to equalize the
personal property that was distributed to Shaubut C. Walz, 111 and Betsy
L. Thompson,the two personal property beneficiaries who were not
entitled to the family exemption(so that they each received $240 worth
of personal property). This $63 is to be reduced from the ultimate
distribution to Shaubut C. Walz, ❑l.
TOTAL MISC. EARLY DISTRIBTUIONS $63.00
6
PARTIAL ADVANCE DISTRIBUTION OF RESIDUAL ESTATE IN DECEMBER 2011
Beneficiary Distribution
J. Scott Kemper, 3E Marcia Road, Apt. 4A, Havertown, PA 19083 Check $7,000.00
Harry J. Baer, 101 Sunset Drive, Carlisle, PA 17013 Check $7,000.00
Trinity United Methodist Church,23084 Seneca Ave, Port Charlotte, Check $7,000.00
FL 33980
Shaubut C. Walz, 111, 201 Walz Road,Liverpool, PA 17045 Check $26,333.33
Barbara J. Baer, 100 Media Road, Carlisle, PA 17013 Check $26,333.33
Betsy L. Thompson, 7565 Morningstar Avenue, Harrisburg, PA Check $26,33334
17112
TOTAL PARTIAL ADVANCE DISTRIBUTIONS OF $100,000.00
PRINCIPAL TO RESIDUAL BENEFICIARIES
BALANCE OF PRINCIPAL, GAINS AND INCOME ON HAND
Combined principal, gains and income in Edward Jones Money Market $300,754.17
Estate Checking account
TOTAL COMBINED BALANCE ON HAND $300,754.17
. OUTSTANDING CLAIMS REMAINING TO BE PAID
PA and Federal Capital Gains Tax ; Pa and Federal Income Tax due with the Fiduciary $12,000.00
Income Tax Returns for year ending July 31, 2013; Also foreign tax due from Edward
Jones investments. All of these amounts will be unknown until 1099s are received in
January 2013, and income tax returns are prepared and filed(due Nov. 15, 2013).
Hopefully over-estimating this sum—but want to hold $12,000 just in case.
TOTAL ANTICIPATED OUTSTANDING CLAIMS $12,000.00
7
PROPOSED DISTRIBUTIONS TO BENEFICIARIES
OF COMBINED BALANCE ON HAND
NET BALANCE ON HAND(AFTER REMOVAL OF$12,000.00 FOR RESERVE $288,754.17
—SEE BELOW).
Then in order to properly calculate percentages of benefrciaries'shares (considering ,$288,8I7.I7
that Shaubut C. Walz, III previously received$63 from his share, the 863 must be
deducted just from his share rather than "off the top'), we add back the$63 before
calculating percentages, and then later reduce the $63 just from the share being
distributed to the Estate of Shaubut C. Walz, III.
J. Scott Kemper, 3E Manna Road, Apt. 4A,Havertown,PA 19083—7% $20,217.20
Harry J. Baer, 101 Sunset Drive, Carlisle,PA 17013 —7% $20,217.20
Trinity United Methodist Church,23084 Seneca Ave,Port Charlotte,FL 33980—7% $20,217.20
Estate of Shaubut C. Walz, III,c/o Judith T. Walz, Executrix, 201 Walz Road, $75,992.19
Liverpool,PA 17045— 113 of balance less$63.00
Barbara J. Baer, 100 Media Road,Carlisle,PA 17013— 113 of balance+$3130(1/2 $76,055.19
of the$63 being reduced from Shaubut C. Walz,111)
Betsy L. Thompson, 7565 Morningstar Avenue,Harrisburg,PA 1711'.— 113 of $76,055.19
balance(26.33333%)+$31.50(112 of the$63 being reduced.from Shaubut C. Walz, 111)
TOTAL PROPOSED DISTRIBUTIONS TO BENEFICIARIES OF NET $288,754.17
PRINCIPAL BALANCE ON HAND
8
ANTICIPATED REFUNM
RESERVES AND FINAL DISTRIBUTION TO BENEFICIARIES
Refund anticipated from PA Department of Revenue for overpayment of Inheritance $5,536.51
Tax,and for having paid Inheritance Tax in discount period.—Amount is uncertain
because appraisement has not been received yet—but amount is believed to be
$5,536.51.
Reserve requested from Combined Balance on Hand to pay for any final expenses $12,000.00
including but not limited to the PA and Federal Capital Gains`fax,PA and Federal
Income Tax,and Foreign Taxes
TOTAL ANTICIPATED RESERVE $17,536.51
*Balance of Reserve(once figure is certain,and once all taxes and Estate expenses are
paid)shall be distributed in the shares set forth in Decedent's Will
J. Scott Kemper,3E Manoa Road,Apt.4A,Havertown,PA 19083 7% ,
Harry J.Baer, 101 Sunset Drive,Carlisle,PA 17013 7%
Trinity United Methodist Church,23084 Seneca Ave,Port Charlotte,FL 33980 7%
Estate of Shaubut C.Walz,Ili,c/o Judith T.Walz,Executrix,201 Walz Road, 2633333%
Liverpool,PA 17045
Barbara J.Baer, 100 Media Road,Carlisle,PA 17013 26.33333%
Betsy L.Thompson,7565 Morningstar Avenue,FTarrisburg,PA 17112 26.33333%
TOTAL DISBURSEMENTS OF RESERVE ONCE ESTATE IS COMPLETELY 100010
FINALIZED
Respectfully submitted,
Date:
John P.Thcunpson, ^xecutor ofthe
Estate of Ruth H.Simons
9
VERIFICATION
I,JOHN P.THOMPSON,EXECUTOR OF THE ESTATE OF RUTH H.SIMONS,
deceased,hereby declare under oath that I have fully and faithfully discharged the duties of my office;
that the foregoing Informal Account of the ESTATE OF RUTH H. SIMONS contains,according to the
best of my knowledge and belief,a true state of all of my receipts and disbursements on account of the
Estate to November 21,2012,and of all moneys or other property belonging to the Estate which have
come into my hands or been received by any other person by my order or authority for my use,and that I
do not know of any error or omission in the account to the prejudice of any creditor or other person
interested in the Estate.
This statement is made subject to penalties of 18 Pa.C.S.A. §4904 relating to unswom
falsification to authorities. '
Date: Z / V a,--r
Jo- hn�P. Thompson'
COMMONWEALTH OF PENNSYLVANIA :
: SS
COUNTY OF DAUPHIN
On this the 31 day of 3,>ecE cr 2012,before me, a Notary Public,the undersigned
officer,personally appeared JOHN P.THOMPSON,EXECUTOR OF THE ESTATE OF RUTH H.
SIMONS,]mown to me(or satisfactorily proven)to be the person whose name is subscribed to the within
instrument,and acknowledged that he executed the same for the purpose set forth within.
IN WITNESS WHEREOF,I hereunto set my hand and official seal.
Notary Public
My commission expires:
NOTARIAL SEAL
DOMINIC M FURE 10
Notary Public
SUSOUEHANNA TWP.DAUPHIN COUNTY
My Commission Expires Jun 2. 2016
1
COMMONWEALTH OF PENNSYLVANIA
LINDA L. KELLY OFFICE OF ATTORNEY GENERAL
ATTORNEY GENERAL
December 24, 2012
Charitable Trusts and
Organizations Section
14" Floor, Strawberry Square
Harrisburg, PA 17120
Telephone: (717) 705-1611
Facsimile: 717-787-1190
hvance_rittman @attomeygeneral.gov
Melanie Walz Scaringi, Esquire
SCARINGI & SCARINGI, P.C.
Law Offices
2000 Linglestown Road, Suite 106
Harrisburg, PA 17110-9347
RE: Estate of Ruth H. Simons; No. 2011-00802; Cumberland County
Dear Ms. Scaringi:
This will acknowledge receipt of your letter and enclosures regarding the above-
captioned matter.
I have reviewed the First and Final Account and have no objections. Please forward a
copy of the signed Release or Settlement Agreement as soon as it is available so that I can close
my file.
Please be advised that the above review was conducted pursuant to the parens patriae
role of the office and has no bearing on any matter unrelated to that function. Thank you for
your time and attention to this matter.
Sincerely,
Heather J. Vance-Rittman
Senior Deputy Attorney General