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Home My WebLink About01-1091 PETITION FOR PROBATE and GRANT OF LETTERS <zl..v,,~J CUL.vEI1. No. ~/-()I- J()q, To: Estate of also known as Register of Wills for the Deceased. County of in the Social Security No. J '] b - ~ Lf. - 1'1. q I Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older an the ~ecuttJlt in the last will of the above decedent, dated ~er\tm.~'7tt. and codicil(s) dated ",:)1 na~ , 19 Cf (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decendent, then ~ears of ~ qieQ at fYl~, (), CrAQ.,f ME-A t lIl'~ J&z}u~b, \~n)~o~ Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: 1Vo-roI ( Arl- I Z ," 2.002.., Decendent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property (If not domiciled in Pa.) Personal property in Pennsylvania (If not domiciled in Pa.) Personal property in County Value of real estate in PennsYlva~a ~ situated as follows: '~IJ ((..t,iitlM. \ ~ fYlE l4.~~tcLL ~ $ I d'fJ ;);)5..00 $ $ ~A WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters ..,. ~s",~~~~'1\ (testamentary; ad inistration c.t.a.; administration d.b.n.c.t.a.) theron. ~"..._- !teQ~ (';I';:: 3~ <l) '- 50 ;; t:: 01) US OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA l s~ COUNTY OF CUMBERLAND J :s The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are true and correct to the best of the knowledge and b~lief of 'tioner(s) and that as personal represen- tative(s) of the above decedent petitioner(s) willw" rul ad~estate according to law, Sworn to. or affirmed and. subscribed {(~. ~ ~ before me this 3l"d day of ~ ~. Zf5z$ ~a vm (i, ~~J (~' - fh),-nALJ ~rlf ~ Y C L S Register ~ II'lol' \-a- No. 021 - 01 - \~, Estate of ELWOOD GOWER , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW MAY 7. 2002 ~, in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated Dq -.:l' . \ q,,~ described therein be admitted to probate and filed of record as the last will of ELWOOD GOWER and Letters TESTAMENTARY are hereby granted to CHARLES MURPHY 'nYi:;CJ ,YtUHJ ~ t"I //,~~ {k.a-~~ MAR C LEWISRe~ster of Wills r - 7 FEES Probate, Letters, Etc. ......... $ Short Certificates( ).......... $ ~. e~:r;a. pages.. $ icp $ TOTAL _ $ 235.00 12.00 18 00. 5.00 270.00 A ITORNEY (Sup. Ct. J.D. No.) ADDRESS Filed .. ~.~ ? 79~. . . . . . . . . . . . . . . . . . . . . . . . . . mailed to exec on 5-7-2002 PHONE ...L... ~,--\('(l...L.. ~~~I.. !5 - 3 - 2. 00 :L W-l()'::; qll"- P,J:V Ol~h.. This is to certify that: the information here given is correctly copied from an original certificate of death d~l~ filed with me as Local f\egistrar. The original certificate will be forwarded to the State Vital Records Office for permanent fIlmg. WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $2.00 p 8203899 No. ~~g ~~A ~ Local Regist ar ~ is-- ~OO:>- 6ate Hl0~ i4JAev 2./87 COMMONWEALTH OF PENNSYLVANIA. OEPARTMENT OF HEALTH a VITAL RECORDS CERTIFICATE OF DEATH ,yPE-PRINT IN PERMANENT BLACk INK NAME Of DECEDENT If or.. M.d<>le. ,...., SEll Elwood C. Gower UNDER 1 OM -!-...... 2. AGE (La.. Oot1l>03Vl UNDER I YEAR -. ~ IlJIITHPLACE IC"" ar.<l Stale or fcr8iQfl COJOI'YJ lM'Iitehaven, 72 Vow S. COUNTY Of OEAFH ... Cumberland Ie. DECEDENT'S USUAL OCCUPlQIOH \c;r-~=.'io ":::'::~:'r ilL Driverl Delivery man 1'10. DECEDENT'S MAIlING AIlORESS (511_ CIIy~. SI*. Zip Codel ",""S DECEDENl EVER IN US ARMED FORCES? -:0 No 0 DECEDENT'S ACTUAl 601 Central Street RESIDENCE Mechanicsburg, Pennsylvania 17055 ~'""~ I" FATHER'S NAAolE (Fo.1. Mo<J<lIe. La1l) Pennsylvania Male STATE FllE NUW8E.R SOCIAl SECURITY NUMBER 3. 176 - 24 :="(10 RACE. AlMnc:MJIncNn, -. _. ..., tSpe:r" White 10. _ SWUS......... __iM.~, 0Na0ced lSI*IIyl Widowed SUA\I1VING SPOuSE ~n .... ;)IW' m.a.oen l"l.Ifne' 14. 11e.0 ......__.. In.. Did - 11M... Cumberland --.01 11.KJ :.:...-=:.:::'" UOTHER'S NAME IF.,I. _. _Suo_ ~ I.. _ORMAHT'S NAME (TypO/Prlflll Charles Gower """ Mechanicsburg Unknown Craig S. Gower I'. 1HF0000AHT"S MAlUNGAOOAESS (SIr....~. _. Z1pCodo! 4522 Rolo Court Mechanicsburg, Pa. 17055 PlACE Of OlSPOSrTlOH. _ '" c:-y, C........"., LOCRIOH . ~, SIal.. rop Code 01 au.... "'- Mechanicsburg Cemetery ~ ~ ~ a t) ... ~ z 210. LICENSE NUMBER FD-012755-L Z2b. ... ~.. of my knowtedge, death occurred all'" lime. dale and place slated . 3M T....) 24. 27. HAT I; Erne, 1M dI.....s. tnjlJfleS 01 compIICallQf\a which uused the death 00 l ~ only one cause on each"" April 12, 2002 b I .-----:;;:Ail"-CoN:il QiJENl;E (ll\-- d _ _ __ WERE AUlOPSY flNDlNOS MANNER Of DEAHl AloIUlA8lE PRIOR 10 COMPI.ETION OIF cAU~ Of OEAlH? -"'.. y o o Coukt nor be dtuermtned o o o Homocld4 Acclllenl Pandong _31...."'" _0 No~ Suoclde 2... 2.... D. "'"WIER IC~ecll ooiy onet .COITIfYING PHYSICIAN (PhVS-:.arl ce....'I'N] cause 01 dem wt\ef'l.)rlOUler phySK:'afl hds pronounce<J dreath atlO compJeled lIem 23) To &he beal O. 1ft.. knowledge, ....... OCC.......,...IO.... cau"Ca).nd men,...,.. alated. . . . . . . . . . . . . . . . . . PAOHOUHClHG AHD CERTIfVING ~YSICIAN IPhVSC.an bOIn ~ :.>IlOUft(:./lg lJe..th dOC cerofylO9 fa cause of (]edlll} To the ... of",y knowledQ.. ..1tI occurred at....... dal.. .and ptaca, and due to ttwt cau..C.).nd mannel.. a..led.. "1IE0ICAl. EX.....'HeRICORONER On the b.... o. ...min..ton and/or investig..ion. in my opinion, death occurred althe lime. data. .od place, and due to the eau...(s) and mannef .. ,t.ted.. . . ~ ~ ~ ~ , . . . . . . . . . . . . ~ . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . .. ...................................... 31a REG~'S SK3NATURE AN.D ,NUM&.R ~ 33 . ~ I""",A~.. A-<'/JM.# /J-y~ I~I II~ 1,J.l 21d. Mechanicsburg, Pennsylvania NAME ANI) ADORESS Of FACIlITY M ers Funeral Home, Inc. 37 East Main Street Mechanicsburg, Pa 17055 LICENSE N\JMlIER DATE SIGNED (McnIh. Day. _I 23lI. 23c:. IfMS CASE REFERRED TO MEOlCAl EllAMINERlCORONER? "".0 iIo0 a. ,~. I inIerW8I befWMn 1--- I I I PART .: 0IIw Signtllcorw....-. C<lJ1IJIIllJbng la_h. buI 1lIII-.ng..... ~......_.._, I : -----.--- . - t -- ! '--_ lIME Of INJURY INJURY AT WORK? DESCRIBE -Hi:iW INJURV OCCURRED ..... 0 NoD ~ o .ej). 21-0:1-1091 ':;' U L )~J ,'.:") :,-) L \7: [d (- ,\In,l ZOo .; LAST WILL ARD TESTAIIERT OF ELWOOD GOWER 2\ - 0\" \OC\I I, Elwood Gower, a resident of and domiciled at 601 Central street, Mechanicsburg, PA 17055, being of sound mind and disposing intent, do hereby make, publish and declare this to be my Last will and Testament, hereby revoking all prior wills and Codicils. ARTICLE I I order and direct my executor, hereinafter named, to pay all of my debts, funeral expenses and expenses connected with the administration of my estate as soon after my death as is reasonably possible, from my residuary estate. However, my executor need not accelerate or pay those unmatured obligations which, in his opinion, might be proper and more advantageous to retain or renew and pay as they become due and payable. Should any real property pass under my Will, it shall pass subject to any mortgage or lien thereon. ARTICLE II I direct that my funeral is to be conducted by Myers Funeral Home of 37 East Main Street, Mechanicsburg, PA, or their successors. I also direct that I am to be buried in the Mechanicsburg Cemetery in Mechanicsburg, Pennsylvania. ARTICLE III In the event that my daughter, Barbara Jean Gower, shall survive me, I devise and bequeath my real estate located at 601 Central street, Mechanicsburg, Pennsylvania, or any other C&AmJ) ~ Elwood Gower ~ home which may be my principle place of residence at my death, together with all household goods and furniture therein, and all policies of insurance on said real estate and personal property, to my daughter, Barbara Jean Gower, without liability for waste, for her life so long as she so desires to use such premises as a home and pays all cost of maintenance thereof, including taxes, assessments, insurance and ordinary repairs, said property to be insured in a reasonable amount, insuring the interest of the remainderman as well as herself.I direct that my daughter, Barbara Jean Gower, shall not be required to post bond as life tenant under this Article of my will. ARTICLE IV Upon the death of my daughter, Barbara Jean Gower, or at such time prior to her death as she no longer wishes to use the aforementioned premises as a home for herself, I direct my personal representative to sell said real property and distribute the net proceeds thereof as follows: 1. One half thereof to my daughter, Barbara Jean Gower, if she is then living; otherwise, to her then living issue per stirpes. Should my daughter or any of her issue fail to survive me, then her share shall go to my son, Craig Steven Gower. 2. The remaining one half thereof to my son, Craig Steven Gower, if he is then living; otherwise to his issue, per stirpes. Should my son and all of his issue fail to survive me, then his share shall go to my daughter, Barbara Jean Gower. ~JrrrrJ ~ Elwood Gower ARTICLE V I give, devise and bequeath to my son, Craig steven Gower, the following: 1. Any automobile owned by me at the time of my death. 2. My tools, both power and hand tools. 3. My outdoor power equipment, including, but not limited to, my snowblower and lawnmower. ARTICLE VI I give, devise and bequeath all of the rest, residue and remainder of my estate, both real and personal and wherever situated, and whether acquired before or after the exicution of this will, in equal shares to my daughter, Barbara Jean Cower and my son Craig steven Gower. At the time my daughter, Barbara Jean Gower, indicates she no longer desires to use the premises described in Article III as her home and residence, I hereby direct that the personal property contained therein be divided equally between my daughter, Barbara Jean Gower, and my son, Craig steven Gower. In the event that my daughter and son fail to agree on the division and distribution of any personal property passing under this Article, I hereby direct my personal representative to arrange a public auction or other reasonable liquidation of these assets with the proceeds to be divided equally between my son and daughter. ~"d JimA~ E I woo'tr - owef ... . '.I' STATE OF PENNSYLVANIA SS COUNTY OF CUMBERLAND We, Elwood Gower, J-i() J y L. o ~ .bd #0 .v..... , and ~. ,J;/~~ ~ ~ee the Testator and the witnesses, respectfully, whose names are signed to the foregoing instrument, being first dully sworn, do thereby declare to the undersigned authority that the Testator signed willingly, and that he executed it as his free and voluntary act for the purposes therein expresses, and that each of the witnesses, in the presence and hearing of the Testator, signed the will as witnesses and that to the best of each witness' knowledge and belief, the Testator was at the time eighteen years of age or older, of sound mind and under no undue constraint or influence. ~ /~e~ - Subscribed, sworn to and acknowledged before me by Elwood Gower, the Testator and subscribed and sworn to before me by ~ady L. O'SJx:,,~ and /1. J~ "'~tta~. witness, this 2.-) day of , 1995. Notarial Seal John L. Perry, Notary Public Carlisle 8oro, Cumberland County My Commission Expires NOli. 30, 1 ~k ~ CERTIFICATION OF NOTICE UNDER RULE 5.6(a) Name of Decedent: Elwood Gower Date of Death: Apri112, 2002 Will No. 2001-01091 Admin. No. 21-01-1091 To the Register: I certify that notice of (beneficial interest) estate administration required by Rule 5.6(a) of the Orphans' Court Rules was served on or mailed to the following beneficiaries of the above-captioned estate on July 12, 2002. Name Address Barbara Jean Gower 601 Central Street, Mechanicsburg, P A 17055 Craig S. Gower 4522 Rolo Court, Mechanicsburg, P 7055 None Notice has now been given to all persons entitled Date: July 12, 2002 Murrel . Walters, III, Esquire 54 East Main Street Mechanicsburg, P A 17055 (717) 697-4650 Capacity: _ Personal Representative _X _ Counsel for personal representative ,~,~ ~ ~,; ! NOV 3 0200111) . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ELWOOD C. GOWER, an alleged incapacitated person No. ~/-DI-O/Oql PRELIMINARY ORDER ESTABLISHING HEARING ON PETITION FOR APPOINTMENT OF PLENARY GUARDIAN OF THE PERSON AND ESTATE AND AWARDING CITATION FOR ADJUDICATION OF INCAPACITY AND APPOINTMENT OF PLENARY GUARDIAN OF THE PERSON AND ESTATE AND NOW, this S TV day of ~~~, 2001, upon consideration of the annexed Petition for Adjudication of Incapacity and Appointment of Plenary Guardian of the Estate and Person in Accordance with 20 Pa. C.S.A. Section 5511, IT IS ORDERED that: a. , Esquire, is appointed guardian ad litem for ELWOOD C. GOWER, an alleged incapacitated person, in connection with the petition for appointment of plenary guardians of his person and estate and; b. A hearing on the Petition for Appointment of Plenary Guardian of the Person and Estate shall be held on the 2 'fW day of ~ 200,", at 3,' tV a.m.l~ in Court Room Numb -3 of the Cumberland County Court'1=rO'~se, Carlisle, Pennsylvania. IT IS FURTHER ORDERED that the counsel for Petitioner shall promptly serve this Order and annexed Petition upon , guardian ad litem for ELWOOD C. GOWER, as notice of the hearing on the portion of the Petition requesting the appointment of a plenary guardian, and file proof thereof with the Clerk of the Orphans' Court Division. IT IS FURTHER ORDERED that a Citation shall issue, directed to ELWOOD C. OWER, to show cause/\ if ~ny there be, why he should not be adjudicated incapacitated nd a plenary guardian of his person appointed for purposes of arranging for his care and aintenance, and a plenary guardian of his estate appointed for purposes of identifying, ssembling and administering his assets, or for such purpose as the Court may direct. A copy of the Citation and Notice as well as this Preliminary Order and the annexed Petition shall be served personally upon ELWOOD C. GOWER and the contents thereof made known to him to the greatest extent possible. , guardian ad Iitem, shall be served with the Citation and Notice by regular first class mail; All identified next of kin shall be served with the Citation and Notice, Preliminary Order and the annexed Petition by certified mail, return receipt requested, if sufficient information concerning their whereabouts is discovered; proof of service as aforesaid shall be filed with the Clerk of the Orphans' Court Division prior to the hearing. IT IS FURTHER ORDERED that the date of the hearing on the portion of the Petition requesting an adjudication of incapacity, which shall not be sooner than twenty (20) days after service upon the alleged incapacitated person as hereinabove directed shall be fixed by the Clerk and shall appear on the Citation. BY THE COURT: :~'..-: :~f(-~_,::: ". ~',-""li-"iJtJ 40 ,..-..r".,. t -.. .,,- .- "!.. ."r....,.....lol"\~..IU.. lit#.V ~~';lU J-F~w'-IJ.i' WOQ ]. [) i: !7 d ~- J I 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ELWOOD C. GOWER, an alleged incapacitated person No. tfRDER r I r AND NOW, TO WIT, this ~ day of _tLV , 200].,.upon consideration of the within Petition, ~ 1..1 AfJ~lt.>o t:::::..s , is hereby appointed plenary guardian of the estate ]_..1 r-118ft of ELWOOD C. GOWER. IT IS SO ORDERED: BY THE COURT, ]. oc; =: (f :=S~ ~"",< ",..J ~' -n rn CJ I J::::o,. :0 CD C'1 ? ~ v w W , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ELWOOD C. GOWER, an alleged incapacitated person No. PETITION FOR AD1UDlCA TION OF INCAPACITY AND APPOINTMENT OF PLENARY GUARDIAN OF THE ESTATE AND PERSON IN ACCORDANCE WITH 20 PA C.S. SECTION 5511 TO THE HONORABLE, THE JUDGES OF THE SAID COURT: 1. Petitioner, HCR Manor Care (hereinafter referred to as "Petitioner"), is a health care provider qualified to conduct business in the Commonwealth of Pennsylvania, and is the residential services provider for ELWOOD C. GOWER, the alleged incapacitated person. Petitioner maintains offices and/or a place of business within the County of Cumberland, located at 1 700 Market Street, Camp Hill, Cumberland County, Pennsylvania 1 701 1. 2. The alleged incapacitated person, ELWOOD C. GOWER, having a date of birth of August 13, 1929, is 72 years of age, is Five Foot Six Inches (5'6") tall, weighs One Hundred Forty-Four (144) pounds, has brown eyes and brown hair, is widowed, and presently maintains his domicile at 1 700 Market Street, Camp Hill, Cumberland County, Pennsylvania 1 701 1. 3 . To the best of the Petitioner's knowledge, information and belief, the names addresses and relationships of the alleged incapacitated person's parents, spouse and/or adult testate or intestate heirs are as follows: 1 ) Craig Gower- son. Craig Gower has knowingly failed to cooperate with the r! Department of Welfare to obtain Medical Assistance benefits for his father, ELWOOD GOWER, and Craig Gower violated his fiduciary duty and responsibilities as the Legal Representative and/or Responsible Party for ELWOOD GOWER by utilizing ELWOOD GOWER's resources and finances for his own purposes when he knew or should have known there were outstanding medical bills for ELWOOD GOWER, which are currently due and owing to Plaintiff. 2) Barbara Gower- daughter. Barbara Gower has represented to Plaintiff that she intended to apply for guardianship of ELWOOD GOWER and to sell ELWOOD GOWER's house and pay Plaintiff from the proceeds, but as of the date of the within Petition, Barbara Gower has failed to apply for guardianship. Further, to Petitioner's knowledge and belief, Barbara Gower is a handicapped individual whom would not be able to manage the responsibilities as guardian of ELWOOD GOWER. 4. The alleged incapacitated person's functional limitations are: disorientation as to time and occasionally as to place; non-ambulatory; incontinent; able to speak, but not into complete a sentence; on a pureed diet as a result of dental deteriorated due to aging; inability to perform any activities of daily living without substantial assistance; and experiences renal failure and needs a feeding tube in order to maintain proper and healthy hydration levels. 5. The alleged incapacitated person lacks sufficient capacity to make or communicate responsible decisions concerning his person or property due to his age and physical incapacity, more specifically described herein, which has permanently impaired the 2 r r I I I I i i I -- 1 i I I I. alleged incapacitated person's abilities and which requires the care available at a skilled care facility . 6. Petitioner seeks the appointment of a plenary guardian of the person of ELWOOD C. GOWER due to serious allegations of breach of fiduciary obligation by the alleged incapacitated person's aforementioned heirs, and because infirmities of old age and mental deficiencies impair his ability to receive and evaluate information effectively and communicate decisions in any way to such a significant extent that he is totally unable to meet essential requirements for his physical health and safety, and is totally unable to manage his financial resources. 7. The specific areas concerning which ELWOOD C. GOWER is alleged to be incapacitated are as follows: 1 . Mental infirmities of old age; 2. Mental disability; 3. Moderately advanced to advanced dementia 4. Renal failure; 5. Angina; 6. Hypokalemia; and 7. CV A (Cardiovascular heart condition). 8. The alleged incapacitated person, upon information and belief, was never a member of the armed services of the United States. 9. The approximate value and/or extent of the assets of the alleged incapacitated person are unknown to the Petitioner. 3 II - 10. The estimated monthly net income of the alleged incapacitated person from all sources is approximately Seven Hundred Eighty-Five and 00/100 Dollars (785.00) for social security benefits, which is now being forwarded directly to Petitioner. 1 1. Because of his mental and/or physical condition, the alleged incapacitated person is totally unable to manage his financial affairs, property, and business and is liable to dissipate his property or become the victim of designing persons and lacks the capacity to make and communicate responsible decisions relating thereto, including the ability to communicate his need for assistance in these areas. 12. Because of his impaired mental and/or physical condition, the alleged incapacitated person lacks the capacity to make or communicate responsible decisions concerning his person and is unable to keep himself properly nourished and hydrated, make his' own living arrangements or otherwise tend to the daily necessities of her care. 13. The severity of the alleged incapacitated person's mental and/or physical condition and the lack of viable, less restrictive alternatives necessitate that a plenary guardian of his Estate be appointed to manage and handle all aspects of the alleged incapacitated person, specifically including, but not limited to all issues related to his cash, checks, and any bank or savings accounts held in his name, stocks and bonds, personal property, real estate, life and other insurance of which he is a beneficiary, entitlement to any governmental and non-governmental benefit plans, federal, state and local taxes, claims made or to be made on behalf of him or against him, the execution of documents, entry into contracts affecting her and the payment of reasonable compensation or costs to provide services for him. 4 ~ r - I I I i I I I I 14. The severity of the alleged incapacitated person's mental and/or physical condition and the lack of viable less restrictive alternatives necessitate the plenary guardian of his person be appointed to handle all issues relating to the person of alleged incapacitated person, specifically including, but not limited to his living arrangements, his medical and psychiatric care, the administration of medication to him, and the employment and discharge of physicians, psychiatric, dentist, nurses, therapists, and other professionals for his physical and mental treatment and care. 15. To the extent known by Petitioner, it is averred that the alleged incapacitated person has executed a durable Power of Attorney, for financial purposes only, in the name of his son, Craig Gower. 16. To the extent known by Petitioner, it is averred that the alleged incapacitated person has not executed an Advance Directive for Health Care or Living Will. 1 7 . To the extent known by Petitioner, it is averred that the alleged incapacitated person does not have a Will which, inter alia, names the alleged incapacitated person's aforementioned heirs, as Executor( trix). 18. Petitioner is without knowledge or information as to whether the alleged incapacitated person has funds reserved for funeral and burial. 1 9. No reasonable alternatives to the appointment of a guardian of the person exist, due to the age and physical condition of the alleged incapacitated person, and due to the serious allegations of breach of fiduciary obligations by the alleged incapacitated person's heirs, as outlined above. 5 [I l I i I : j 20. The Petitioner proposes that this Honorable Court appoint a plenary guardian of the estate and person of ELWOOD C. GOWER, the alleged incapacitated person. 2 1 . The Petitioner requests that the proposed guardian of the estate and person have no interest adverse to the alleged incapacitated person. 22. No other Court, upon information and belief, has heretofore assumed jurisdiction in any proceeding to determine the capacity of the alleged incapacitated person. 23. Upon information and belief, no other guardian has been appointed for the Estate or the person of the alleged incapacitated person. 6 . .. WHEREFORE, Petitioner respectfully requests that this Honorable Court award a citation directed to ELWOOD C. GOWER, the alleged incapacitated person, and to such other persons as this Honorable Court may direct to show cause why ELWOOD C. GOWER should not be adjudged a fully incapacitated person, and in need of a plenary guardian of his person and estate; and why a guardian of his person and estate should not be appointed pursuant to 20 Pa. C.S.A. ~ 5 51 3; and to require notice of this proceeding to such persons as this Honorable Court may direct. Respectfully submitted, .~ r. L~ P Hip C. rholic, Esquire WOLFSO & ASSOCIATES, P .C. 267 East arket Street York, PA 17403 (717) 846-1252 10 No. 86341 Attorney for Petitioner 7 .' ~ ~ . "'... VERIFICA TION Philip C. Warholic, Esquire, hereby states that he is the attorney for the Petitioner, HCR Manor Care, and he is authorized to take this verification on behalf of said Petitioner in the within action and verifies that the statements made in the foregoing Petition for Adjudication of Incapacity and Appointment of Plenary Guardian of the Estate and Person are true and correct to the best of his knowledge, information, and belief, based upon information provided by the Petitioner. The undersigned understands that false statements herein are made subject to the penalties of t 8 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: I / - i/~ 7 - (; / J ~ Pllilip c. rholic, Esquire WOLFS & ASSOCIATES, P.C. 267 East Market Street York, PA 17403 (717) 846-1252 10 No. 8634 t Attorney for Petitioner (. ',. ---- E-- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF ELWOOD GOWER, DECEASED NOTICE OF CLAIM BY HCR MANOR CARE NO. 2 1 -01 -01 091 PROOF OF AMENDED CLAIM AGAINST AN ESTATE To the Clerk of the Orphans' Court: ENTER the claim of HCR Manor Care in the amount of One Hundred Three Thousand One Hundred Sixty-Four and 93/100 ($103,164.93) Dollars against the above entitled estate. The Decedent, whose last known address was 1 700 Market St, Camp Hill, Cumberland County, Pennsylvania 11 7011, died: April 12, 2002. Respectfully Submitted, Amy F. WOLFSO 267 East arket Street York, PA 17403 (717) 846-1252 I.D.No.87062 Attorney for Claimant Date: 9-5-03 c; '....../',,1 I I t.__)-j .. '- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF ELWOOD GOWER, DECEASED NOTICE OF CLAIM BY HCR MANOR CARE NO. 2 1 -01 -01 091 CERTIFICATE OF SERVICE AND NOW, this 5th day of September, 2003, I, Amy F. Wolfson, Esquire, do hereby certify that I have served a copy of the foregoing Proof of Amended Claim Against an Estate upon the counsel of record by regular mail, postage prepaid and addressed as follows: Murrell R. Walters, III, Esquire 54 East Main Street Mechanicsburg, PA 17055 (Counsel for Estate) my F. WOLFS N & ASSOCIATES, P.C. 267 East Market Street York, PA 17403 (71 7) 846-1252 I.D.No.87062 Attorney for Claimant AND NOW, this t1- ~y of consideration of the foregoing Petition t is 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANOR CARE, NO. ~OO, - ,j cl I Petitioner CRAIG GOWER, In · idually, and on Behalf of the ESTATE of ELW 0 GOWER, and BARBARA GOWER, Indivi ally, and on Behalf of the ESTATE of EL W 00 GOWER, Respondents , 2002, upon the o that the parties to this action show cause, if any they have, why days from the date BY THE REGISTER OF WILLS: . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HCR MANOR CARE, Petitioner NO. vs. CIVIL ACTION - IN LAW CRAIG GOWER, Individually, and on Behalf of the ESTATE of ELWOOD GOWER, and BARBARA GOWER, Individually, and on Behalf of the ESTATE of ELWOOD GOWER, Respondents ORDER AND NOW, TO WIT, this _ day of , 2002, upon consideration of the annexed Petition, it is hereby ORDERED, ADJUDGED, and DECREED that a Citation is awarded, directed to Craig Gower and Barbara Gower, to show cause why they should not be ordered by this Honorable Court to apply for and take out Letters of Administration on the Estate of Elwood Gower. IT IS SO ORDERED. BY THE REGISTER OF WILLS: Mary C. Lewis IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HCR MANOR CARE, Petitioner NO. vs. CIVIL ACTION - IN LAW CRAIG GOWER, Individually, and on Behalf of the ESTATE of ELWOOD GOWER, and BARBARA GOWER, Individually, and on Behalf of the ESTATE of ELWOOD GOWER, Respondents PETITION FOR CITATION TO COMPEL APPLICATION FOR LETTERS PURSUANT TO 20 PA. CONS. STAT. ~3155 TO THE REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA: The Petition of Petitioner, HCR Manor Care, respectfully represents that: 1. Elwood Gower, Deceased, (hereinafter referred to as"Decedent"), died intestate, a resident of Cumberland County, Pennsylvania, on April 1 3, 2002. 2. Decedent was survived by one son, Craig Gower, and one daughter, Barbara Gower. 3. Decedent owned real property at the time of his death, which Petitioner is informed, believes and, therefore, avers to be in excess of One Hundred Thousand and 00/100 Dollars ($1 OO,OOO.OO), and also held other assets. 4. Petitioner, HCR Manor Care, (hereinafter referred to as "Petitioner"), is a health care provider qualified to conduct business in the Commonwealth of 1 I Pennsylvania with offices and/or a place of business situate at 1700 Market Street, Camp Hill, Cumberland County, Pennsylvania 1 7011, and is a principal creditor of the Decedent's estate in the amount of Eighty-Three Thousand Three Hundred Thirty-Six and 64/100 Dollars ($83,336.64) for various necessary residential health care services and health care treatment which were provided to the Decedent by Plaintiff. 5. That neither Decedent's son, nor Decedent's daughter, have taken out Letters of Administration on the Decedent's estate although repeatedly requested to do so by Petitioner. WHEREFORE, Petitioner respectfully requests that a citation be awarded pursuant to 20 Pa. Cons. Stat. ~3155, directed to Craig Gower and Barbara Gower, to show cause why they should not apply for and take out Letters of Administration on the Estate of Elwood Gower. Philip C. W holic, Esquire WOLFSO & ASSOCIATES, P.C. 267 East Market Street York, PA 17403 (717) 846-1252 I.D.No.86341 Attorney for Petitioner 2 T VERI FICA TION Philip C. Warholic, Esquire, hereby states that he is the attorney for the Petitioner, HCR Manor Care, and he is authorized to take this verification on behalf of said Petitioner in the within action and verifies that the statements made in the foregoing Petition for Citation to Compel Application for Letters are true and correct to the best of his knowledge, information, and belief. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: )- 8- o~ arholic, Esquire 0617 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HCR MANOR CARE, Petitioner NO. vs. CIVIL ACTION - IN LAW CRAIG GOWER, Individually, and on Behalf of the ESTATE of ELWOOD GOWER, and BARBARA GOWER, Individually, and on Behalf of the ESTATE of ELWOOD GOWER, Respondents ORDER AND NOW, TO WIT, this _ day of , 2002, upon consideration of the annexed Petition, it is hereby ORDERED, ADJUDGED, and DECREED that a Citation is awarded, directed to Craig Gower and Barbara Gower, to show cause why they should not bi -crdnfeEl ~y thiJ 1101'01 abl! COllft te apply for and take out Letters of Administration on the Estate of Elwood Gower, and also to show cause why, if Craig Gower and Barbara Gower fail to apply for and take out Letters of Administration on the Estate of Elwood Gower, a representative of HCR Manor Care should not be appointed to apply for and take out Letters of Administration on the Estate of Elwood Gower. IT IS SO ORDERED. BY THE REGISTER OF WILLS: Mary C. Lewis IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HCR MANOR CARE, Petitioner NO. vs. CIVIL ACTION - IN LAW CRAIG GOWER, Individually, and on Behalf of the ESTATE of ELWOOD GOWER, and BARBARA GOWER, Individually, and on Behalf of the ESTATE of ELWOOD GOWER, Respondents AMENDED PETITION FOR CITATION TO COMPEL APPLICATION FOR LETTERS PURSUANT TO 20 PA. CONS. STAT. &3155 TO THE REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA: The Petition of Petitioner, HCR Manor Care, respectfully represents that: 1. Elwood Gower, Deceased, (hereinafter referred to as"Decedent"), died intestate, a resident of Cumberland County, Pennsylvania, on April t 3, 2002. 2. Decedent was survived by one son, Craig Gower, and one daughter, Barbara Gower. 3. Decedent owned real property at the time of his death, which Petitioner is informed, believes and, therefore, avers to be in excess of One Hundred Thousand and 00/100 Dollars ($100,000.00), and also held other assets. 4. Petitioner, HCR Manor Care, (hereinafter referred to as "Petitioner"), is a health care provider qualified to conduct business in the Commonwealth of 1 Pennsylvania with offices and/or a place of business situate at 1700 Market Street, Camp Hill, Cumberland County, Pennsylvania 1 7011, and is a principal creditor of the Decedent's estate in the amount of Eighty-Three Thousand Three Hundred Thirty-Six and 64/100 Dollars ($83,336.64) for various necessary residential health care services and health care treatment which were provided to the Decedent by Plaintiff. 5. That neither Decedent's son, nor Decedent's daughter, have taken out Letters of Administration on the Decedent's estate although repeatedly requested to do so by Petitioner. 2 WHEREFORE, Petitioner respectfully requests that a citation be awarded pursuant to 20 Pa. Cons. Stat. ~ 31 55, directed to Craig Gower and Barbara Gower, to show cause why they should not apply for and take out Letters of Administration on the Estate of Elwood Gower, and also to show cause why, if Craig Gower and Barbara Gower fail to apply for and take out Letters of Administration on the Estate of Elwood Gower, a representative of HCR Manor Care should not be appointed to apply for and take out Letters of Administration on the Estate of Elwood Gower. ~t. P lip C. W,: olic, Esquire WOLFSO & ASSOCIATES, p.e. 267 East Market Street York, PA 17403 (717) 846-1252 I.D.No.86341 Attorney for Petitioner VERI FICA TION Philip C. Warholic, Esquire, hereby states that he is the attorney for the Petitioner, HCR Manor Care, and he is authorized to take this verification on behalf of said Petitioner in the within action and verifies that the statements made in the foregoing Petition for Citation to Compel Application for Letters are true and correct to the best of his knowledge, information, and belief. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: (p-~ -0:( ~ .. Philip C. War olic, Esquire 1.0. No. 86 41 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF Elwood Gower, Decedent : NO. 21-01-01091 Notice of claim by HCR Manor Care To the Clerk of the Orphans' Court: ENTER the claim ofHCR Manor Care Camp Hill in the amount of $67,201.74 (Sixty Seven Thousand and Two Hundred one and 74/100 Dollars), against the above entitled estate. The Decedent, whose last known address was 1700 Market St, Camp Hill, Cumberland County, ~ ... . t Pennsylvania 117011, and who died: April 12, 2002. ,.,,,,,,., "1'11 i Amy F. Wolfs , Esq. Attorney for aimant, HCR Manor Care 267 E. Market Street York, Pennsylvania 17403 (717) 846-1252 LD. No. 87062 ~ ~ . A PROFESSIONAL CORPORATION Attorneys at Law 267 East Market Street Yark, Pennsylvania 1740~ (717) 846-12~2 (800) 321-8467 Fax (717) 848-1146 Wolfson & Associates August 14,2002 CUMBERLAND COUNTY GOVERNMENT CENTER CLERK OF ORPHANS' COURT DIVISION 1 COURTHOUSE SQUAIRE CARLISLE, PA 17013 RE: Estate Claim - HCR Manor Care VS. Estate of Elwood Gower Dear Sir/Madam: Enclosed please find a claim against the estate of the above referenced deceased person which is being filed on behalf of my client, HCR Manor Care. Also enclosed is our check no. 3190 in the amount of $5.00 to cover the cost of the filing. Please be advised a copy of the claim has been sent to the attorney for the estate. If you have any questions, please call my office and speak with Brandey in the collection department. Thank you. Sincerely, W~\:JASSOCIATES' P.C. AJ; F. Wolfson AFW/bs Enclosure ,. .. JUl 1 4 2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: Estate of ELWOOD GOWER, Deceased, AND NOW, this J ~y of No. 2 1 -2001- 1 091 , 2003, based upon averments ~l~ ~ that counsel for HCR Manor Care, who is a cre or of the aforementioned Estate, and counsel for said Estate have been unable to achieve an ultimate resolution pertaining to a Notice of Claim and Amended Notice of Claim filed against the Estate of Elwood Gower, Deceased, by HCR Manor Care, a hearing to resolve said dispute shall be scheduled in the above captioned action for the ). t/ ':;y of ~ 2003/ at I: 3D a.m.lp.m., in Court Room Number ~ of the Cumberland County Court House, 1 Courthouse Square, Carlisle, Pennsylvania. cc ':-:: ~:~t" CL. lJ\ _-1 :::J J CV'\ '- \- P :jc BY THE COURT: J. '" COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF Elwood Gower, Decedent : NO. 21-01-01091 Notice of claim by HCR Manor Care To the Clerk of the Orphans' Court: ENTER the claim ofHCR Manor Care Camp Hill in the amount of $67,201.74 (Sixty Seven Thousand and Two Hundred one and 74/100 Dollars), against the above entitled estate. The Decedent, whose last known address was 1700 Market St, Camp Hill, Cumberland County, Pennsylvania 117011, and who died: April 12, 2002. Amy F. Wolfs , Esq. Attorney for aimant, HeR Manor Care 267 E. Market Street York, Pennsylvania 17403 (717) 846-1252 J.D. No. 87062 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION STATE OF ELWOOD GOWER, DECEASED NOTICE OF CLAIM BY HCR MANOR CARE NO. 21-01-01091 PROOF OF AMENDED CLAIM AGAINST AN ESTATE To the Clerk of the Orphans' Court: ENTER the claim of HeR Manor Care in the amount of Seventy-Nine Thousand Three Hundred Fifty-Seven and 64/100 ($79,357.64) Dollars against the above entitled estate. The Decedent, whose last known address was 1 700 Market St, Camp Hill, Cumberland County, Pennsylvania 117011, died: April 12, 2002. Respectfully Submitted, Date: 0 h 'fje3 I A . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF ELWOOD GOWER, DECEASED NOTICE OF CLAIM BY HCR MANOR CARE NO. 2 1-01-01 091 CERTIFICATE OF SERVICE AND NOW, this !~day of June, 2003, I, Amy F. Wolfson, Esquire, do hereby certify that I have served a copy of the foregoing Proof of Amended Claim Against an Estate upon the counsel of record by regular mail, postage prepaid and addressed as follows: Murrell R. Walters, III, Esquire 54 East Main Street Mechanicsburg, PA 17055 (Counsel for Estate) it ATTORNEYS Daniel F. Wolfson Amy F. Wolfson Philip C. Warholic WOLFSON & ASSOCIATES, P.C. Attorneys at Law BRANCH OFFICE: 267 East Market Street York, Pennsylvania 17403 8 Manchester Street Glen Rock, PA 17327 (717) 235-5014 PARALEGALS vlichele M. McHugh vlelissa D. Sweeney Kelly J. Goff (717) 846-1252 (800) 321-8467 FAX (717) 848-1146 PLEASE FORWARD ALL CORRESPONDENCE TO THE YORK OFFICE e-mail: dfwolfson@debtcollection.net 23 September 2003 SENT VIA AIRBORNE EXPRESS (#5328787214) Orphan's Court Division Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 IN RE: Estate of Elwood Gower, Deceased No. 21-01-01091 Dear Sir/Madam: As you are already aware, our office represents the interests of HCR Manor Care in'the- above referenced matter. Enclosed please find the original and two (2) copies of the Release of Claim Against An Estate to be filed in the above referenced matter. Kindly file the original and return the time-stamped copies to the undersigned in the enclosed self addressed stamped envelope. Also, due to the settlement which has been effectuated between the parties, we would request that the hearing in this matter, currently scheduled for Wednesday, September 24, 2003, be canceled and removed from the Court's calendar. Thank you for your assistance in this matter. Should you have any questions, or if you require any additional information/documentation, please do not hesitate to contact our office. Very truly yours, WO)fSON & ASSOCIATES, P.C. jh f! tJ~. Phi p . arholic, Esquire PCW/ts Enclosu s pc: Murrell R. Walters, III, Esquire (w/enclosure) . 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF ELWOOD GOWER, DECEASED NO. 2 1-01 -01 091 RELEASE OF CLAIM AGAINST AN ESTATE To the Clerk of the Orphans' Court: Kindly release the claim of HCR Manor Care against the above captio"ned Estate, and mark this matter as settled and satisfied, as the parties have reached a settlement in regards to the aforementioned claim in this matter. Respectfully Submitted, <::J- >..J Philip C. WOLFSO & ASSOCIATES, P.C. 267 East Market Street York, PA 17403 (717) 846-1252 I.D.No.86341 Attorney for Claimant ,,'y"'\ ~,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ELWOOD GOWER, an alleged incapacitated person No. 21-01-1091 CONSENT OF PROPOSED GUARDIAN COMMONWEALTH OF PENNSYLVANIA s.s. COUNTY OF CUMBERLAND I, Brian Brooks, as President of Pennsylvania Guardianship Association, P.O. Box 7295, Lancaster, Pennsylvania 1 7604, do hereby certify that I am willing to act as the guardian for the Estate and person of Elwood Gower, an alleged incompetent, if the court shall so appoint. Further, I do hereby certify that I am not a fiduciary of any Estate in which the alleged incompetent has an interest, nor have I any interest adverse to the alleged incompetent. The facts and opinions contained herein are true and correct to the best of my knowledge, information and belief. ~o,~ r" rooks / SWORN and SUBSCRIBED to before me this of day , 2002. Notary Public ~ \ .. .-- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ELWOOD C. GOWER, an alleged incapacitated person No. 2 t -0 t - t 09 t PRELIMINARY ORDER ESTABLISHING HEARING ON PETITION FOR APPOINTMENT OF PLENARY GUARDIAN OF THE PERSON AND ESTATE AND AWARDING CITATION FOR ADJUDICATION OF INCAPACITY AND APPOINTMENT OF PLENARY GUARDIAN OF THE PERSON AND ESTATE 6 rv--- AND NOW, this CJ day of rr~ ~' 2002, upon the continuance of the hearing on the Petitidri for Adjudication of Incapacity and Appointment of Plenary Guardian of the Estate and Person in Accordance with 20 Pa. C.S.A. Section 55 t t flied in this matter, IT ISO RD ERED that: a. , Esquire, is appointed guardian ad litem for ELWOOD C. GOWER, an alleged incapacitated person, in connection with the petition for appointment of plenary guardians of his person and estate and; b. A hearing on the Petition for Appointment of Plenary Guardian of the Person and Estate shall be held on the 4th day of February, 2002, at 2:00 p.m., in Court Room Number 3 of the Cumberland County Court House, Carlisle, Pennsylvania. IT IS FURTHER ORDERED that the counsel for Petitioner shall promptly serve this Order and annexed Petition upon , guardian ad litem for ELWOOD C. GOWER, as notice of the hearing on the portion of the Petition p ------ ~ .. requesting the appointment of a plenary guardian, and file proof thereof with the Clerk of the Orphans' Court Division. IT IS FURTHER ORDERED that a Citation shall be issued, directed to ELWOOD C. GOWER, to show cause, if any there be, why he should not be adjudicated incapacitated and a plenary guardian of his person appointed for purposes of arranging for his care and maintenance, and a plenary guardtan of his estate appointed for purposes of identifying, assembling and administering his assets, or for such purpose as the Court may direct. A copy of the Citation and Notice as well as this Preliminary Order and the annexed Petition shall be served personally upon ELWOOD C. GOWER and the contents thereof made known to him to the greatest extent possible. , guardian ad litem, shall be served with the Citation and Notice by regular first class mail; All identified next of kin shall be served with the Citation and Notice, Preliminary Order and the annexed Petition by certified mail, return receipt requested, if sufficient information concerning their whereabouts is discovered; proof of service as aforesaid shall be filed with the Clerk of the Orphans' Court Division prior to the hearing. IT IS FURTHER ORDERED that the date of the hearing on the portion of the Petition requesting an adjudication of incapacity, which shall not be sooner than twenty (20) days after service upon the alleged incapacitated person as hereinabove directed shall be fixed by the Clerk and shall appear on the Citation. J. . ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: : No. 21-01-1091 ELWOOD C. GOWER, an alleged incapacitated person ANSWER TO PETITION AND NOW, this :29-a.day of January, 2002, comes Craig Gower, by and through his attorney Michael D. Rentschler, Esquire, who files the within Answer to Petition as follows: 1. Admitted. 2. Admitted in part. Denied in part. Respondent Craig Gower is without knowledge as to the weight of Elwood Gower, so the same is hereby denied. 3. (1) Admitted in part. Denied in part. It is admitted that Craig Gower is Elwood Gower's son. The balance of the allegations are denied and strict proof is demanded. (2) After reasonable investigation, Respondent is without knowledge as to the truth or falsity of the allegations in Paragraph 3(2) so the same is denied. 4. Admitted in part. Denied in part. Respondent Craig Gower is without knowledge as to the truth or falsity of the allegation, so the same is hereby denied. 5. Admitted in part. Denied in part. Respondent Craig Gower is without knowledge as to the truth or falsity of the allegation, so the same is hereby denied. 6. Admitted in part. Denied in part. It is admitted that Petitioner is seeking a plenary guardian of the person of Elwood Gower. The balance of the allegations are denied. 7. Admitted in part. Denied in part. Respondent Craig Gower is without knowledge as to the truth or falsity of the allegation, so the same is hereby denied. 8. Admitted. 9. This allegation is not directed to anyone in particular so no response is necessary. The allegation is merely within the province and knowledge of Petitioner. 10. Admitted. 11. Respondent Craig Gower is without knowledge as to the truth or falsity of the allegation, so the same is hereby denied. 12. Admitted in part. Denied in part. Respondent Craig Gower is without knowledge as to the truth or falsity of the allegation, so the same is hereby denied. 13. Admitted in part. Denied in part. Respondent Craig Gower is without knowledge as to the truth or falsity of the allegation, so the same is hereby denied. 14. Admitted in part. Denied in part. Respondent Craig Gower is without knowledge as to the truth or falsity of the allegation, so the same is hereby denied. 15. Admitted. 16. Admitted upon information and belief. 17. Denied. To the contrary, Elwood Gower has a will with identified heirs. 18. This allegation is not directed to anyone in particular so no response is necessary. The allegation is merely within the province and knowledge of Petitioner. 19. Admitted in part. Denied in part. Respondent Craig Gower is without knowledge as to the truth or falsity of the allegation, so the same is hereby denied. 20. Admitted in part. Denied in part. It is admitted that Petitioner seeks a plenary guardian of Elwood Gower. It is denied that one needs to be appointed. 21. Admitted in part. Denied in part. It is admitted that Petitioner seeks a guardian who is not adverse to Elwood Gower. It is denied that Craig Gower has adverse interests to his father. 22. Admitted upon information and belief. 23. Admitted upon information and belief. WHEREFORE, it is respectfully requested that this Honorable Court deny the within Petition. Respectfully submitted, ~~ ~ MICHAEL D. RENTSCHLER, ESQUIRE 1300 Market Street, Suite 200 Lemoyne, PA 17043 (717) 975-9129 Attorney for Respondent VERI FICA TION Michael D. Rentschler, Esquire, hereby states that he is the attorney for the Respondent Craig Gower, and he is authorized to take this verification on behalf of said Respondent in the within action and verifies that the statements made in the foregoing Answer to Petition for Adjudication of Incapacity and Appointment of Plenary Guardian of the Estate and Person are true and correct to the best of his knowledge, information and belief, based upon information provided by the Respondent. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. Date: ~~?-~t7 MI2~~~ 1300 Market Street, Suite 200 Lemoyne, PA 17043 (717) 975-9129 Attorney for Respondent . .. .... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: : No. 21-01-1091 ELWOOD C. GOWER, an alleged incapacitated person I : CERTIFICATE OF SERVICE I, MICHAEL D. RENTSCHLER, ESQUIRE, do hereby certify that on this date I served a copy of the within document via first-class mail, postage pre-paid to the following recipient(s): Philip Warholic, Esquire Wolfson & Associates 267 East Market Street York, PA 17403-2000 Date: ~;? ~.iS--'- ./ / .. '. IN RE: ELWOOD C. GOWER AN ALLEGED INCAPACITATED PERSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-2001-01091 IMPORTANT NOTICE CITATION WITH NOTICE A petition has been filed with the Court to have you declared an Incapacitated Person. If the Court finds you to be an Incapacitated Person, your rights will be affected, including our right to manage money and property and to make decisions. A copy of the petition which has been filed by HCR MANOR CARE is attached. You are hereby ordered to appear at a hearing to be held in Court Room No. J, Cumberland County Courthouse, Carlisle, Pennsylvania, on JANUARY 7TH ,2002, at 3:00 P.M. to tell the Court why is should not find you to be an incapacitated Person and appoint a Guardian to act on your behalf. To be an incapacitated Person means that you are not able to receive and effectively evaluate information and communicate decisions and that you are unable to manage your money andlor other property, or to make necessary decisions about where you will live, what medical care you will get, or how your money will be spent. At the hearing, you have the right to appear, to be represented by an attorney, and to request a jury trial. If you do not have an attorney, you have the right to request the Court to appoint an attorney to represent you and to have the attorney's fees paid for you if you cannot afford to pay them yourself. You also have the right to request that the Court order that an independent evaluation as to your alleged incapacity. If the Court decides that you are an Incapacitated person, the Court may appoint a Guardian for you, based on the nature of any condition or disability and your capacity to If you do not appear at the hearing (either in person or by an attorney representing you) ~:ourt will still hold the hearing in your absence and may appoint the Guardian requested. 1 make and communicate decisions. The Guardian will be of your person and/or your money and other property and will have either limited of full powers to act for you. If the court finds you are totally incapacitated, your legal rights will be affected and you will not be able to make a contract or gift of your money to other property. If the court finds that you are partially incapacitated, your legal rights will also be limited as directed by the Court. .- IN RE: ELWOOD C. GOWER, AN ALLEGED INCAPACITATED PERSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-2001-01091 IMPORTANT NOTICE CITATION WITH NOTICE A petition has been filed with the Court to have you declared an Incapacitated Person. If the Court finds you to be an Incapacitated Person, your rights will be affected, including our right to manage money and property and to make decisions. A copy of the petition which has been filed by HCR MANOR CARE is attached. You are hereby ordered to appear at a hearing to be held in Court Room No. ]., Cumberland County Courthouse, Carlisle, Pennsylvania, on FEBRUARY 4TH ,2002, at 2:00 P.M. to tell the Court why is should not find you to be an incapacitated Person and appoint a Guardian to act on your behalf. To be an incapacitated Person means that you are not able to receive and effectively evaluate information and communicate decisions and that you are unable to manage your money and/or other property, or to make necessary decisions about where you will live, what medical care you will get, or how your money will be spent. At the hearing, you have the right to appear, to be represented by an attorney, and to request a jury trial. If you do not have an attorney, you have the right to request the Court to appoint an attorney to represent you and to have the attorney's fees paid for you if you cannot afford to pay them yourself. You also have the right to request that the Court order that an independent evaluation as to your alleged incapacity. If the Court decides that you are an Incapacitated person, the Court may appoint a Guardian for you, based on the nature of any condition or disability and your capacity to . .~ make and communicate decisions. The Guardian will be of your person and/or your money and other property and will have either limited of full powers to act for you. If the court finds you are totally incapacitated, your legal rights will be affected and you will not be able to make a contract or gift of your money to other property. If the court finds that you are partially incapacitated, your legal rights will also be limited as directed by the Court. If you do not appear at the hearing (either in person or by an attorney representing you) the court will still hold the hearing in your absence and may appoi t the Guardian requested. By: Cle Cumb d County, Carlisle, P A My Commission Expires 1 st Monday, January, 2006 r r T Ie IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ELWOOD GOWER, an alleged incapacitated person No. 21-01-1091 RETURN OF SERVICE , -)..fA f'\ /J - '- . .l'v"Y'1! ? {aJ ~ On the / I, of I~C..f ft~)IY r ,~, at Q' a.m..m , I, &J\W1 1l7/k z:~;< / 1 served a "Petition or Adjudication of Incapacity and Appointment of Guardian" and "Citation" scheduling a hearing for January 7, 2002, by personal service on the alleged incapacitated person, ELWOOD C. GOWER, at the following address: HeR Manor Care - Camp Hill, 1 700 Market Street, Camp Hill, Pennsylvania 1 7011 I verify that the statements made in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 1 0 Pa. C. S. A. Sec. 4904 relating to unsworn falsification to authorities. Date: /2 - /7-0 I nc; ;:a;- ::j' =i g:"',' d - :D~ ':0 (') ':;:: 0 '". "'"1 :',n r~. ""'~(<6 ':"'-2.. SWORN and SUBSCRIBED to before me this ~ day of~-c~ 1 2001. t:::l CJ VJ --" -0 (ll H NOTARIAL SEAL i JAMES E. GREEN. Notary Public i Camp Hill, Cumberland County 1.~Y~~~SiOn Expires June 6,2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ELWOOD GOWER, an alleged incapacitated person No. 21-01-1091 RETURN OF SERVICE On the (5th of cp.n;(1/'~ ~ at 3 :CD a.m~, I, S-ts~ fYl, ../-rz-r I served a "Petition for Adjudication of Incapa ty and Appointment of Guardian" and "Citation" scheduling a hearing for February 4, 2002, by personal service on the alleged incapacitated person, ELWOOD GOWER, at the following address: HCR Manor Care - Camp Hill, 1 700 Market Street, Camp Hill, PAl 7011 I verify that the statements made in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 16 Pa. C. S. A. Sec. 4904 relating to unsworn falsification to authorities. Date: I-I ?-o;). x:1 LJ/(/? -ftUr .) SWORN and SUBSCRIBED to before me this A9 day ofJJAI~ ---:-2002. NOTARIAL SEAL JAMES E. GREEN, Notary PubUc Camp Hilt, Cumberland County Q My Commission Expires June 6, 200 ~ c:r ?=> CD ~ :IJ :0$ (PO \9.Q' '~~ (J ';~,.';, C- ~ N co ~1 :i.~' :g N N --' 2~, c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ELWOOD C. GOWER, an incapacitated person No. 21-01-1091 AMEND1\ORDE~ AND NOW, TO WIT, this ~ day of . , 2002, upon consideration of the within Petition, Brian Brooks, as President of the Pennsylvania Guardianship Association, is hereby appointed plenary guardian of the estate of ELWOOD C. GOWER. The Pennsylvania Guardianship Association is due a reasonable fee that will be deducted from the income of the Incapacitated Person in concurrence with their current fee schedule. IT IS SO ORDERED: BY THE COURT, Pl. ;:}; .: 2 qUill:) -~{J,3() V Z: Z d OZ 83.:1 ZOo . : ~.~ ').. cnaJj AlTORNEYS Daniel F. Wolfson Amy F. Wolfson Philip C. Warholic Caprice Hicks Bunting Donald L. Hoage* WOLFSON & ASSOCIATES, p.e. Attorneys at Law BRANCH OFFICE: 267 East Market Street York, Pennsylvania 17403 8 Manchester Street Glen Rock, PA 17327 (717) 235-5014 PARALEGALS Margaret L. Burg Michele M. McHugh (717) 846-1252 (800) 321-8467 FAX (717) 848-1146 PLEASE FORWARD ALL CORRESPONDENCE TO THE YORK OFFICE · Licensed to Practice in Maryland e-mail: dfwolfson@debtcollection.net 7 January 2002 SENT VIA FACSIMILE AND REGULAR MAIL The Honorable Judge George E. Hoffer Cumberland County Courthouse 1 Courthouse Square Carlisle, P A 1 701 3 In Re: Elwood Gower, an alleged incapacitated person No. 21-01-1091 Dear Judge Hoffer: As you are already aware, the undersigned represents the interests of HCR Manor Care in the above-referenced matter. Please allow this correspondence to serve as confirmation of my conversation with your secretary, Sandy, earlier this morning, wherein the hearing currently scheduled for today, at 3:00 p.m., was continued until February 4, 2002, at 2:00 p.m. As stated to Sandy, the reason for the continuance is due to the fact that Mr. Gower's attending physician, Dr. Bender, became unavailable to testify either in person or by phone at the. scheduled hearing, and '.lIe were not sure that we would. be able to secure an Affidavit prior to the time of the scheduled hearing. Thank you for your cooperation in the handling of this matter. Should you have any questions or concerns, or if you would like to discuss this matter in greater detail, please do not hesitate to contact the undersigned. Very truly yours, WOLFSON & ASSOCIATES, P.C. mOlir8W~ A lTORNEYS Daniel F. Wolfson Amy F. Wolfson Philip C. Warholic Caprice Hicks Bunting Donald L. Hoage* WOLFSON & ASSOCIATES, P.C. Attorneys at Law BRANCH OFFICE: 267 East Market Street York, Pennsylvania 17403 8 Manchester Street Glen Rock, PAl 7327 (71 7) 235-5014 PARALEGALS Margaret L. Burg Michele M. McHugh (717) 846-1252 (800) 321-8467 FAX (717) 848-1146 PLEASE FORWARD ALL CORRESPONDENCE TO THE YORK OFFICE · Ucensed to Practice in Maryland e-mail: dfwolfson@debtcollection.net 7 January 2002 SENT VIA AIRBORNE EXPRESS The Honorable Judge George E. Hoffer Cumberland County Courthouse 1 Courthouse Square Carlisle, PAl 701 3 In Re: Elwood Gower, an alleged incapacitated person No. 21-01-1091 Dear Judge Hoffer: As you are already aware, the undersigned represents the interests of HCR Manor Care in the above-referenced matter. Please allow this correspondence to serve as confirmation of my conversation with your secretary, Sandy, earlier this morning, wherein we discussed the need for a Court Order in this matter to enable the Orphans Court to issue a new Citation in regards to the new hearing date. In that regard, please find a proposed Preliminary Order. If said Order is sufficient, please sign and forward to the Clerk of the Orphans Court at your earliest convenience so that they can then issue a new Citation in this matter. Thank you for your cooperation in the handling of this matter. Should you have any questions or concerns, or if you would like to discuss this matter in greater detail, please do not hesitate to contact the undersigned. Very truly yours, WOLFSON & ASSOCIATES, P.C. (~ (!{j~ PJ(;iP. holie, Esquire PCW lie A ITORNEYS Daniel F. Wolfson Amy F. Wolfson Philip C. Warholic Caprice Hicks Bunting Donald L. Hoage* WOLFSON & ASSOCIATES, P.C. Attorneys at Law BRANCH OFFICE: 267 East Market Street York, Pennsylvania 17403 8 Manchester Street Glen Rock, P A 17327 (717) 235-5014 PARALEGALS Margaret L. Burg Michele M. McHugh (71 7) 846-1252 (800) 321-8467 FAX (717) 848-1146 PLEASE FORWARD ALL CORRESPONDENCE TO THE YORK OFFICE · Licensed to Practice in Maryland e-mail: dfwolfson@debtcollection.net 6 June 2002 Orphan's Court Division/Register of Wills A TTN: VICKI Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 RE: HCR Manor Care vs. Estate of Elwood Gower Dear Vicki: Pursuant to conversations I had yesterday with you and Ralph Wright, please find enclosed one (1) original and two (2) copies of Petitioner's Amended Petition for Citation to Compel Application of Letters Pursuant to 20 Pa.C.S.A. ~3155. Kindly accept the original for filing in your office, and please return both time-stamped copies to my office in the enclosed self-addressed stamped envelope. Thank you for your assistance in this matter. Should you have any questions or concerns, or if you require any additional information, please do not hesitate to contact the undersigned. Very truly yours, t !1/~' arholic, Esquire Enclosures A TIORNEYS Daniel F. Wolfson Amy F. Wolfson Philip C. Warholic James K. Reed * Gordon A. Lynn ^ WOLFSON & ASSOCIATES, P.C. Attorneys at Law BRANCH OFFICE: 267 East Market Street York, Pennsylvania 17403 8 Manchester Street Glen Rock, PA 17327 (717) 235-5014 PARALEGALS v1ichele M. McHugh Vlelissa D. Sweeney (717) 846-1252 (800) 321-8467 FAX (717) 848-1146 PLEASE FORWARD ALL CORRESPONDENCE TO THE YORK OFFICE "Lie. nsed in Pennsylvania & Maryland ^ licensed in Maryland Only e-mail: dfwolfson@debtcollection.net June 27, 2003 ORPHANS' COURT OF CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 RE: HCR Manor Care / Estate of Elwood Gower Dear Clerk: Please be advised that the undersigned represents the interests of HCR Manor Care in the above referenced matter. Enclosed please find the original and two (2) copies of the Proof of Amended Claim against an Estate to be filed in the above referenced matter. Kindly file the original and return the time stamped copies to the undersigned in the enclosed self addressed stamped envelope. By copy of this correspondence, we have provided a copy of the enclosed documentation to opposing counsel for their information and review. Thank you for your anticipated professional cooperation in this matter. Should you have any questions or require any additional information, please do not hesitate to contact the undersigned. Sincerely, WOLFSON & ASSOCIATES, P.C. Af'W Amy F. Wolfson, Esquire AFW/tas Enclosure cc: Murrell R. Walters, III, Esquire A TIORNEYS Daniel F. Wolfson Amy F. Wolfson Philip C. Warholic James K. Reed* Gordon A. Lynn ^' WOLFSON & ASSOCIATES, P.C. Attorneys at Law BRANCH OFFICE: 267 East Market Street York, Pennsylvania 17403 8 Manchester Street Glen Rock, PA 17327 (717) 235-5014 PARALEGALS Michele M. McHugh Melissa D. Sweeney (717) 846-1252 (800) 321-8467 FAX (717) 848-1146 PLEASE FORWARD ALL CORRESPONDENCE TO THE YORK OFFICE *Lic('nsed in Pennsylvania & Maryland ~ licensed in Maryland Only e-mail: dfwolfson@debtcollection.net 10 July 2003 Orphan's Court Division A TTN: Vicki Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 IN RE: Estate of Elwood Gower, Deceased No. 2 1 -200 1 - 1 091 Dear Sir/Madam: As you may already be aware, this office represents the interests of HCR Manor Care in regards to the above-referenced matter. Please be advised our client is requesting that a hearing be scheduled in this matter to resolve the aforementioned Estate's disputes with the Notice of Claim and Amended Notice of Claim which have been tiled by our client in this matter, so that an ultimate resolution can be appropriately determined by the Court. In that regards, please find enclosed a proposed Order. At your earliest convenience, please forward said Order to the appropriate Judge for consideration and execution, so that a hearing dateitime can be effectuated. Once said Order has been executed and a hearing date/time established, please, at your earliest convenience, contact our office to inform us of same. Thank you for your assistance in this matter. Should you have any questions, or if you require any additional information/documentation, please do not hesitate to contact Tara Smith from our office.. Very truly yours, ASSOCIATES, P.C. Amy F. Wolfson, Esquire AFW/PCW/ts Enclosure 01/07/02 21:50 FAX 141 02 ATIORNB't'S Daniel F. Wolfson Amy P. Wolrson Philip C. Warholic Caprice Hicks Bunting Donald L. Hoage- WOLFSON & ASSOCIATES, p.e. Attomeys at Law BRANCH OFFICE: 267 East Market Street YOrk, Pennsylvania 1"(403 8 Manchester Streel Glen Rock, PA 17327 (717) 235-5014 PARAl.EGALS MAtgAJ'P.1 I.. Burg Michele M. McHugh (717) 846-1252 (800) 321-8167 FAX (717) 848-1146 PLEASE FORWARD ALL CORRESPONDENCE TO THF. YORK OFFICE · Ucenled 10 f'ncLice in M~ e-mail; dfwoIrson @debtcollection.nel 7 January 2002 SENT VIA FACSIMILE AND REGULAR MAIL The Honorable Judge George E. Hoffer Cumberland County Courthouse 1 Courthouse Square Carlisle, P ^ 1 701 3 In Re: Elwood GowerJ an alleged incapacitated person No. 2 1-0 I -1 091 Dear judge Hoffer: As YOU are already aware, the undersigned represenu the interests or HeR Manor Care in the above.referenced matter. Please allow this correspondence to serve as conflnnation of my conversation with your secretary, SandYJ earlier this morning, wherein the hearing currendy scheduled for today, at 3:00 p.m., was continued until February 4, 2002, at 2:00 p.m. As stated to Sandy, the reason for tile continuance is due to the fact that Mr. Gower's attending physician, Dr. Bender, became unavailable to testify either in permn or by phone at the scheduled hearinl, and we were not sure that we would be able to secure an Affidavit prior to the time of the scheduled hearing. Thank you for your cooperation In the handling of this matter. Should you have any quesaon5 or concerns, or i r you would like to dbcuss dlis nlatter in greater detail, please do not hesitate to contact the undenigned. Very truly youn, WOLFSON &: ASSOCIATES, P.C. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG, PA 17128-0601 REV-1162 EX(11-96) RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT WALTERS MURREL R III ESQUIRE 54 EAST MAIN STREET MECHANICSBURG, PA 17055 -------- fold EST A TE INFORMATION: SSN: 176-24-1491 FILE NUMBER: 2101-1091 DECEDENT NAME: GOWER ELWOOD DA TE OF PAYMENT: 10/17/2003 POSTMARK DATE: 00/00/0000 COUNTY: CUMBERLAND DATE OF DEATH: 04/12/2002 NO. CD 003134 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 I $471.53 I I I I I I I I TOTAL AMOUNT PAID: $471.53 REMARKS: MURREL R WALTERS III ESQUIRE CHECK# 612845 SEAL INITIALS: JA RECEIVED BY: REGISTER OF WILLS DONNA M. OTTO DEPUTY REGISTER OF WILLS \~ /'/-6/- /..::2/ BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION DEPT. 280601 HARRISBURG. PA 17128-0601 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE NOTICE OF INHERITANCE TAX APPRAISEHENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSHENT OF TAX DATE ESTATE OF DATE OF DEATH FILE NUMBER 'COUNTY ACN '. i MURREL R WALTERS III ESQ 54 E MAIN ST MECHANICSBURG PA 1705~ 12-15-2003 GOWER 04-12-2002 21 01-1091 CUMBERLAND 101 * REY-1541 EX AFP [01-05) ELWOOD Amount Remitted MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~ RE-Y=is4"j-E3f-AFP--foi-':o3'Y-NOYICE--OF-INHEiiiTANCi-Y-Ai-APpiA-isEif€NT~--ALi-oWAifcE-"ifR----------------- DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX ESTATE OF GOWER ELWOOD FILE NO. 21 01-1091 ACN 101 DATE 12-15-2003 TAX RETURN WAS: (X) ACCEPTED AS FILED ) CHANGED RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Real Estate (Schedule A) 2. Stocks and Bonds (Schedule B) 3. Closely Held stock/Partnership Interest (Schedule C) 4. Hortgages/Notes Receivable (Schedule D) S. Cash/Bank Deposits/Hisc. Personal Property (Schedule E) 6. ~ointly Owned Property (Schedule F) 7. Transfers (Schedule G) 8. Total Assets (1) (2) (3) (4) (S) (6) (7) 82.798.82 1.072.83 .00 .00 15.094.80 .00 .00 (8) APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H) 10. Debts/Mortgage Liabilities/Liens (Schedule I) 11. Total Deductions 12. Net Value of Tax Return 13. Charitable/Governmental Bequests; Non-elected 9113 Trusts (Schedule ~) 14. Net Value of Estate Subject to Tax If an assessment was issued previously, lines 14, 15 and'or 16, 17, 18 and 19 will reflect figures that include the total of abb returns assessed to date. ASSESSMENT OF TAX: 15. Amount of Line 14 at Spousal rate 16. Amount of Line 14 taxable at Lineal/Class A rate 17. Amount of Line 14 at Sibling rate 18. Amount of Line 14 taxable at Collateral/Class B rate 19. Principal Tax Due TAX CREDITS: NOTE: (9) (10) 18,584.60 70.286.44 NOTE: To insure proper credit to your account, submit the upper portion of this form with your tax payment. 98,966.45 (11) (12) (13) (14) 88.871 04 10,095.41 .00 10,095.41 (15) .00 X 00 = (16) 10,095.41 X 045 = (17) .00 X 12 = (18) .00 X 15 = (19)= .00 454.29 .00 .00 454.29 I"'",ncnl I(C'-C.l.1"'1 I (+J AHOUNT PAID DATE NUltBER INTEREST/PEN PAID (-) 10-17-2003 CD003134 17.24- 471.53 TOTAL TAX CREDIT 454.29 BALANCE OF TAX DUE .00 INTEREST AND PEN. .06 TOTAL DUE .06 . IF PAID AFTER DATE INDICATED, SEE REVERSE FOR CALCULATION OF ADDITIONAL INTEREST. IF TOTAL DUE IS LESS THAN $1, NO PAYHENT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU HAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.) REV-15QOEX+(6"()()} . COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE DEPT. 280601 HARRISBURG, PA 17128-0601 II-tcI-12 REV -1500 INHERITANCE TAX RETURN RESIDENT DECEDENT OFFICIAL USE ONLY FILE NUMBER 21-011091 ""'CciUN'TY"CciOE ---vEA~ - - Nu'MeER-- I- Z W C W U W C DECEDENT'S NAME (LAST, FIRST, AND MIDDLE INITIAL) SOCIAL SECURITY NUMBER GOWER ELWOOD DATE OF DEATH (MM-DD-Year) DATE OF BIRTH (MM-DD-Year) 176-24-1491 THIS RETURN MUST BE FILED IN DUPliCATE WITH THE REGISTER OF WILLS 04/12/2002 08/13/1929 (IF APPLICABLE) SURVIVING SPOUSE'S NAME (LAST, FIRST, AND MIDDLE INITIAL) SOCIAL SECURJTY NUMBER w ~ ",_Ul u"'''' w:SU ::c"g u..", .. " ~ 1. Original Return o 4. Limited Estate 06. Decedent Died Testate (AltachcopyofWiII) o 9. Litigation Proceeds Received o 2. Supplemental Return o 4a. Future Interest Compromise (date of death after 12-12-82) o 7, Decedent Maintained a Living Trust (Attach copy of Trust) o 10. Spousal Poverty Credit (dale 01 death between 12-31-91 and 1-1-95) 03. Remainder Retum (dateofdeathpriort012-13-82) o 5. Federal Estate Tax Return Required _ 8. Total Number of Safe Deposit Boxes o 11. Ejection to tax under Sec. 9113(A) (AltachSch0) THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: NAME COMPLETE MAILING ADDRESS MURREL R. WALTERS III ESQ FIRM NAME (If Applicable) I- Z W C Z o .. Ul W '" '" o u 54 EAST MAIN STREET TELEPHONE NUMBER 717/697-4650 MECHANICSBURG PA 17055 OFFICIAL USE ONLY 1. Real Estate (Schedule A) 2. Stocks and Bonds (Schedule B) 3. Closely Held Corporation, Partnership or SoJe-Proprietorship 4. Mortgages & Notes Receivable (Schedule D) 5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) 6. Jointly Owned Property (Schedule F) o Separate Billing Requested 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (Schedule G or L) 8. Total Gross Assets (total Lines 1-7) 9. Funeral Expenses & Administrative Costs (Schedule H) 10. Debts of Decedent. Mortgage Liabilities, & Liens (Schedule f) 11. Total Deductions (total Lines 9 & 10) 12. Net Value of Estate (Line 8 minus Line 11) z o i=- S ::J l- n. c:( U w 0:: (1) (2) (3) (4) (5) 82,798.821 :. ,072.83]. 15,094.80 (6) I L____~ (7) (8) 98,966.45 (9) (10) 18,584.60 70,286.44 (11) (12) (13) 88,871.04 10,095.41 13. Charitable and Governmental Bequests/See 9113 Trusts for which an election to tax has not been made (Schedule J) 14. Net Value Subject to Tax (Line 12 minus Line 13) SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES z o S ::J n. :;; o u ~ 15. Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116 (a)(1.2) 16. Amount of Line 14 taxable at lineal rate (14) 10,095.41 X _(15) 10,095.41 X ~(16) X .12 (17) X .15 (18) (19) 454.29 17. Amount of Line 14 taxable at sibling rate 18. Amount of Line 14 taxable at collateral rate 19. Tax Due 454.29 20.0 CHECK HERE IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT > > BE SURE TO ANSWER ALL QUESTIONS ON REVERSE SIDE AND RECHECK MATH < < D d t' C I t Add ece en S omDle e ress: HREET ADDRESS 601 CENTRAL STREET CITY I STATE I ZIP MECHANICSBURG PA 17055 Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) 2. Credits/Payments A. Spousal Poverty Credit 8. Prior Payments C. Discount (1) 454.29 3. InteresUPenaity if applicable D. interest E. Penalty Total Credits (A + 8 + C) (2) 17.24 4. TotallnteresUPenaity ( D + E ) (3) If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT, Check box on Page 1 Line 20 to request a refund (4) if Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) A. Enter the interest on the tax due. (5A) 8. Enter the total of Line 5 + 5A. This is the 8ALANCE DUE. (58) Make Check Payable to: REGISTER OF WILLS, AGENT 17.24 5. 471.53 471.53 PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: Yes No a. retain the use or income of the property transferred; ........................................................................... 0 IXI b. retain the right to designate who shall use the property transferred or its income; ........................................ 0 IXI c. retain a reversionary interest; or ................................................... .............................. '..... ............... 0 [KJ d. receive the promise for life of either payments, benefits or care? ............................................................. 0 IXI 2. If death occurred after December 12,1982, did decedent transfer property within one year of death without receiving adequate consideration?..... ............ ... .......................................................................... D [KJ 3. Did decedent own an "in trusf for" or payable upon death bank account or security at his or her death? ................. 0 IXI 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? ....................................................................................................... 0 IXI IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. ADDRESS ADDRESS PA 17055 DATE 10/14/03 MURREL R. ALTERS III ESQ 54 EAST MAIN STREET,MECHANICSBURG PA 17055 For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 3% [72 PS 99116 (a) (1.1) (i)]. For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0% [72 P.S. 99116 (aJ (1.1) (il)]. The statute does not exemot a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary. For dates of death on or after July 1, 2000: The tax rate imposed on the net value of transfers from a deceased chiid twenty-one years of age or younger at death to or for the use of a natural parent, an adoptive parent, or a stepparent of the child is 0% [72 P.S. 99116(a)(1.2)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5%, except as noted in 72 P.S. 99116(1.2) [72 P.S. 99116(a)(1)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12% [72 P.S. 99116(a)(1.3)]. A sibling is defined, under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. - ':VtW,,,,,t9?W COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN R IDENT 0 EDENT ESTATE OF FILE NUMBER GOWER ELWOOD 21 01 1091 All real property owned solely or as a tenant in common must be reported at fair market value. Fair market value is defined as the price at which property would be exchanged between a willing buyer and a willing seller, neither being compelled to buy or sell, both having reasonable knowledge of the relevant facts. Real property which is jointly-owned with right of survivorshin must be disclosed on Schedule F. SCHEDULE A REAL ESTATE ITEM NUMBER 1. DESCRIPTION VALUE AT DATE OF DEATH 82,798.82 601 CENTRAL STREET MECHANICSBURG BOROUGH, PENNSYLVANIA NET SALE PRICE TOTAL (Also enter on line 1, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) 82.798.82 --- R:"~""('9;1. COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN R ( E SCHEDULE B STOCKS & BONDS ESTATE OF GOWER ELWOOD FilE NUMBER 21 01 1091 All property jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM NUMBER 1. DESCRIPTION VALUE AT DATE OF DEATH 1,072.83 PRUDENTIAL 33 SHARES @ $32.51 TOTAL (Also enter on line 2, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) 1 072.83 '.".'50S"."~". COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY ESTATE OF GOWER ELWOOD FILE NUMBER 21 01 1091 Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointly-owned with the right of sUlVivorship must be disclosed on Schedule F. ITEM NUMBER 1. DESCRIPTION VALUE AT DATE OF DEATH 311.07 CITIZENS BANK CHECKING ACCOUNT 2 CTCE F.C.U RETIREMENT 11,983.73 3 1998 CHEVROLET LUMINA 2,800.00 TOTAL (Also enter on line 5, Recapitulation) $ (If more space IS needed, Insert additional sheets of the same size) 15 094.80 - ,,,.,:,,,,.,,,".. COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS ESTATE OF GOWER ELWOOD FILE NUMBER 21 01 1091 Debts of decedent must be reported on Schedule!. ITEM NUMBER DESCRIPTION AMOUNT A. FUNERAL EXPENSES: 1. MYERS FUNERAL HOME MECHANICSBURG 8,119.73 2 GINGRICH MEMORIALS TOMBSTONE ENGRAVING 95.00 B. ADMINISTRATIVE COSTS: 1. Personal Representative's Commissions Name of Personal Representative (s) CHARLES MURPHY 4,948.00 Social Security Number(s) I EIN Number of Personal Representative(s) 170-34-7592 Street Address 109 ORCHARD STREET City MECHANICSBURG State PA Zip 17055 Year(s) Commission Paid: 2003 2. Attorney Fees MURREL R. WALTERS III 4,948.00 3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Street Address City State Zip Relationship of Claimant to Decedent 4. Probate Fees REGISTER OF WILLS CUMBERLAND COUNTY 325.00 5. Accountant's Fees 6. Tax Return Preparer's Fees 7. CUMBERLAND LAW.JOURNAL ESTATE NOTICE PUBLICATION 75.00 8 PATRIOT NEWS ESTATE NOTICE PUBLICATION 73.87 TOTAL (Also enter on line 9, Recapitulation) $ 18 584.60 (If more space is needed, insert additional sheets of the same size) ''';'''''''''.97;* COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE I DEBTS OF DECEDENT, MORTGAGE LIABILITIES, & LIENS ESTATE OF GOWER ELWOOD FILE NUMBER 21 01 1091 Include un reimbursed medical expenses. ITEM NUMBER DESCRIPTION AMOUNT 1. HCR MANOR CARE CAMP HILL RESIDENTIAL CARE 2 NEIGHBORCARE, ALLENTOWN MEDICINE 3 WATER AND SEWER MECHANICSBURG BOROUGH 4 AUTOMOBILE INSURANCE ALLSTATE 5 HOUSE INSURANCE ALLSTATE 6 ELECTRIC PPL 7 HOUSE CLEANING SANDY KITTLE B HEATING OIL SUSQUEHANNA OIL 65,000.00 4,521.94 BB.B4 176.46 54.12 44.0B 200.00 201.00 TOTAL (Also enteron line 10, Recapitulation) $ (If more space IS needed, insert additional sheets of the same size) 70 286.44 R.EV.,513E:OI. COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF GOWER 1=1 NUMBER L SCHEDULE J BENEFICIARIES 1. NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY TAXABLE DISTRIBUTIONS [include outlight spousal distributions, and transfers under Soc. 9116(0) (1.211 BARBARA JEAN GOWER 412 VALLEY STREET MECHANICSBURG, PA 17055 CRAIG STEVEN GOWER 4522 ROLO COURT MECHANICSBURG, PA 17055 FILE NUMBER 21 n1 RELATIONSHIP TO DECEDENT Do Not List Trustee(s) DAUGHTER SON 1nQ1 AMOUNT OR SHARE OF ESTATE 50% 50% ENTER DOLLAR AMOUNTS FOR DISTRiBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE, ON REV-1500 COVER SHEET II. NON-TAXABLE DiSTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX is NOT BEING MADE . 2 1. B. CHARITABLE AND GOVERNMENTAL DiSTRIBUTIONS 1. TOTAL OF PART II - ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET $ (If more space IS needed, Insert additional sheets of the same size) Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 3/03/2005 MURPHY CHARLES 109 ORCHARD ST MECHANICSBURG, PA 17055 RE: Estate of GOWER ELWOOD File Number: 2001-01091 Dear Sir/Madam: It has come to my attention that you have not filed the Status Report by Personal Representative (Rule 6.12) in the above captioned estate. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO.1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 4/12/2005 Your prompt attention to this matter will be appreciated. Thank You. Sincerely, b~_~~ GLENDA FARN;~-S~~~H REGISTER OF WILLS cc: File Counsel Judge J PLEASE FILE THIS REPORT WITHIN TWO YEARS OF DATE OF DEATH REGARDLESS OF THE STATUS OF THE ESTATE. IF ESTATE IS NOT COMPLETED, FILE a 6.12 FORM YEARLY UNTIL COMPLETION ST ATUS REPORT UNDER RULE 6.12 Name of Decedent: Date of Death: ELWOOD C. GOWER 4/12/02 Estate No.: 21-01-1091 Pursuant to Rule 6.12 of the Supreme Court Orphans' Court rules, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: Yes X No 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete (date) 3. If the answer to No.1 is yes, state the following: A. Did the personal representative file a final account with the court? Yes No X B. The separate Orphans' Court No. (if any) for the personal representative's account is: (Not Applicable in Dauphin County) C. Did the personal representative state an account informally to the parties in interest: Yes X No / Copies of receipts, releases, joinders and approvals of formal ~nformal accounts may be filed with the Clerk of the Orphans' Coutj'flnd may be attached to this report. I // ;; I f I/l D. Date: March 7, 2005 I:r) MURREL R. WALTERS, III, ESQUIRE 54 East Main Street Mechanicsburg, P A 17055 717-697-4650 "'1 Capacity: Personal Representative t -.] _X_Counsel for Personal Representative ~ ~:'--" ,) ~