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HomeMy WebLinkAbout03-21-14 DECEDENT'S ESTATE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF Bryan F. Ensminger, Jr. DECEASED No. 21-12-0278 PETITION FOR ADJUDICATION/ STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.C.Rule 6.9 N O � � This form may be used in all cases involving the Audit of the Account of a DecedentaEstate-5'f r , m space is insufficient, riders may be attached. Attach the spouse's election, if rQ the paps �? o required under items 8-19 inclusive; and any instrument pertinent to the adjudicaD D r- ry _4 m M CD N .r �-' o 0 ca o 3 T INCLUDE ATTACHMENTS AT THE BACK OF THIS FORM.o T' w r- n r- rn ca M Name of Counsel: Michael A. Scherer, Esquire Supreme Court I.D.No.: 61974 Name of Law Firm: Baric Scherer LLC Address: 19 West South Street, Carlisle, PA 17013 Telephone: (717) 249-6873 Fax: (717) 249-5755 Form OC-01 rev. 10.13.06 Page l of 10 Estate of Bryan F. Ensminger, Jr. Deceased 1. Name(s) and address(es) of Petitioner(s): Name. Michael A.Scherer,Esquire Address: 19 West South Street Carlisle,PA 17013 Identify any executors or administrators who have not joined in the Petition for Adjudication and Statement of Proposed Distribution and state reason: Is this the first accounting by this fiduciary? . . . . . . . . . . . . . . . . . . . . . m Yes 0 No If not, identify prior accountings, the accounting periods covered, and the date of adjudication of the prior accounting. 2. Decedent died on February 28, 2012 0 Letters Testamentary or [Z]Letters of Administration were granted to Petitioner(s) on March 12. 2012 Date of Will (if applicable): December 11, 2007 Date(s) of Codicil(s) (if applicable): None Date of probate (if different from date Letters granted): Was a bond required?OYes ©No If yes, state amount: Are proofs of advertising of the grant of Letters attached? . . . . . . . . . 0 Yes 0 No Dates of advertising of the grant of Letters: Sentinel: March 22, 29 & April 5, 2012 Cumberland Law Journal: March 30, April 6 , 13, 2012 Farm oc-01 rev.10.13.06 Page 2 of 10 Estate of Bryan F. Ensminger, Jr. Deceased 3. Was decedent survived by a spouse? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑Yes [Z]No If yes, name of the surviving spouse: 4. Has the surviving spouse filed to take an elective share? . . . . . . . . . . . . . ❑Yes ©No (See Section 2201 et sue. of the Probate, Estates and Fiduciaries Code) If yes, date of election: 5. In the case of an intestacy, state the names of the decedent's surviving children or surviving issue of deceased children (if none, so state): 6. Did decedent marry after execution of Will or Codicil(s)? . . . . . . . . . . . ❑Yes 0 No Were any children born to decedent after execution of Will or Codicil(s)? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑Yes 0 No If yes, give names and dates of birth: Name: Date of Birth: 7. If required by the Medical Assistance Estate Recovery Act, 62 P.S. § 1412, was a request for a statement of claim sent to the Department of Public Welfare? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [zYes ❑ No Form OC-01 rev. 10,13.06 Page 3 of 10 Estate of Bryan F. Ensminger, Jr. Deceased 8. Written notice of the Audit as required by Pa. O.C. Rules 6.3, 6.7 and 6.8 has been or will be given to all parties in interest listed in item 9 below, all unpaid creditors and all claimants listed in item 10 below. In addition, notice of any questions requiring Adjudication as discussed in item 14 below has been or will be given to all persons affected thereby. A. If Notice has been given, attach a copy of the Notice as well as a list of the names and addresses of the parties receiving such Notice. B. If Notice is yet to be given, a copy of the Notice as well as a list of the names and addresses of the parties receiving such Notice shall be submitted at the Audit together with a statement executed by a Petitioner or counsel certifying that such notice has been given. C. If any person entitled to Notice is not sui juris (e.g., minors or incapacitated persons),Notice of the Audit has been or will be given to the appropriate representative on such party's behalf as required by Pa. O.C. Rule 5.2. D. If any charitable interest is involved, Notice of the Audit has been or will also be given to the Attorney General as required under Pa. O.C. Rule 5.5. In addition, the Attorney General's clearance certificate (or proof of service of Notice and a copy of such Notice) must be submitted herewith or at the Audit. 9. List all parties (charitable and non-charitable) of whom Petitioner(s) has/have notice or knowledge, having or claiming any interest in the estate as beneficiaries under the Will or Codicil(s) or as intestate heirs if there is a complete or partial intestacy: A. State each party's relationship to the decedent and the nature of each party's interest(s): Name and Address ojEach Parry in Interest I Relationship and Comments,i(any I Interest Helen S. Tyler aunt specific bequest 63 Sheaffers Valley Road personal property Landisburg, PA 17040 First Church of God charity 1/2 residuary 705 Glendale Street Carlisle,PA 17013 Form OC-01 rev. 10.13.06 Page 4 of 10 Estate of Bryan F. Ensminger, Jr. Deceased Name and Address o(Each Parry in Interest I Relationship and Comments,if any I Interest Pinnacle Health System charity 1/2 residuary 409 South Second Street Harrisburg, PA 17105 B. Identify each party who is not sui juris(e.g., minors or incapacitated persons). For each such party, give date of birth, the name of each Guardian and how each Guardian was appointed. If no Guardian has been appointed, identify the next of kin of such party, giving the name, address and relationship of each. Not applicable. C. State why a Petition for Guardian/Trustee Ad Litem has or has not been filed for this Audit (see Pa. O.C. Rule 12.4). D. If distribution is to be made to the personal representative of a deceased party, state date of death, date and place of grant of Letters and type of Letters granted. Form OC-m rev.10.13.06 Page 5 of 10 Estate of Bryan F. Ensminger, Jr. Deceased 10. Other than the claim for the family exemption, list the names of all known claimants and the amount of their claims and state whether each claim is admitted. Name and Address of Each Claimant Amount of Claim Claim Will Claim Admitted? Be Paid In Full' None. ❑Yes ❑Yes ONo E]No ❑Yes ❑Yes ❑No ❑No ❑Yes ❑Yes ❑No [I No ❑Yes ❑Yes ❑No ❑No If the estate is insolvent, attach a schedule setting forth the order of preference under 20 Pa.C.S. § 3392 and the proposed payments. 11. Was family exemption claimed? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑Yes [Z]No Was family exemption allowed? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑Yes ❑No Family exemption claimant's name and relationship: Name: Relationship: Form OC-01 rev. 10.13.06 Page 6 of 10 Estate of Bryan F. Ensminger, Jr. Deceased 12. The amount of Pennsylvania Transfer Inheritance Tax and additional Pennsylvania Estate Tax paid, the date(s) of payment(s), and the interest(s) upon which paid, are as follows: Date Payment Interest 05/23/12 216.00 13. On the date of death, was the decedent a fiduciary (personal representative, trustee, guardian, agent under power of attorney) or surety on the bond of a fiduciary? . . . . . . . . . . . . . . . . . . . Di Yes ©No If yes, provide the name of the estate, indicate whether an account has been filed and confirmed absolutely and all awards performed, or, in the alternative, how the decedent's estate will be discharged for the decedent's fiduciary administration of the estate. 14. A. Describe in detail any questions requiring adjudication and state the position of the Petitioner(s) as to each question: None. B. Has notice of the question requiring adjudication been given to the parties identified in Paragraph 9 above? . . . . . . . . . . . . . . . . . . []Yes ❑J No 15. if Petitioner(s) has/have knowledge that a share has been assigned, renounced, disclaimed or attached, provide a copy of the assignment, renunciation, disclaimer or attachment, together with any relevant supporting documentation. Farm oc-01 rev. 10.13.06 Page 7 of 10 Estate of Bryan F. Ensminger, Jr. Deceased 16. Had the decedent been adjudicated an incapacitated person? . . . . . . . . . . © Yes 0 No If yes, attach a copy of the Order if available; otherwise state the Court,term, number, date, and name of Hearing Judge. 17. A. List or attach a separate list of additional receipts and disbursements since the closing date of the Account. B. Has notice of the additional receipts and disbursements been given to the parties identified in Paragraph 9 above? . . . . . . . . . . . . . OYes O No 18. If a reserve is requested, state amount and purpose. Amount: Purpose: If a reserve is requested for counsel fees, has notice of the amount of fees to be paid from the reserve been given to the parties in interest? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DYes O No If so, attach a copy of the notice. 19. Is the Court being asked to direct the filing of a Schedule of Distribution? . . . . . . . . . . . . . . . . . . . . . . . . . . DYes MNo As to real estate only? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . nYes 0 No Form oC-01 rev.10.13.06 Page 8 of 10 Estate of Bryan F. Ensminger, Jr. Deceased Wherefore, your Petitioner(s) ask(s)that distribution be awarded to the parties entitled and suggest(s)that the distributive shares of income and principal (residuary shares being stated in proportions, not amounts) are as follows: A. Income: Proposed Distributee(s) Amount/Proportion B. Principal: Proposed Distributee(s) AmounUProportion First Church Of God 1/2 of residuary Pinnacle Health System 1/2 of residuary Submitted By: (All petitioners must sign. Add additional lines if necessary): Name of P ti io r: Michael A. Scherer, Esquire Name of Petitioner: Form oC-01 rev. 1013.06 Page 9 of 10 Estate of Bryan F. Ensminger, Jr. Deceased Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that hei he he is fine Administrator of the above-named name of corporation Estate of Bryan F. Ensminger, Jr. and] that the facts set forth in the foregoing Petition for Adjudication/Statement of Proposed Distribution which are within the personal knowledge of the Petitioner are true, and as to facts based on the information of others, the Petitioner, after diligent inquiry, believes them to be true;and that any false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 (relating to unsworn falsification to authorities). Signf r o Petdioner *Corporate petitioners must complete bracketed information. Certification of Counsel The undersigned counsel hereby certifies that the foregoing Petition for Adjudication/ Statement of Proposed Distribution is a true and accurate reproduction of the form Petition authorized by the Supreme Court, and that no changes to the form have been made beyond the responses herein. Signature of Counsel for Petit Form OC-01 rev.10.13,06 Page 10 of 10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION NO. 21-12-0278 FIRST AND FINAL ACCOUNT OF MICHAEL A. SCHERER, ESQUIRE ADMINISTRATOR C.T.A. FOR ESTATE OF BRYAN F. ENSMINGER, JR. LATE OF BOROUGH OF CARLISLE Date of Death: February 28, 2012 Date of Personal Representatives Appointment: March 12, 2012 Date of Advertisement of Letters: Cumberland County Law Journal: March 30, April 6, April 13, 2012 Sentinel Newspaper: March 22, March 29 and April 5, 2012 Accounting for the Period: March 12, 2012 to March 19, 2014 Purpose of Account: Michael A. Scherer, Esquire, offers this account to acquaint interested parties with the transactions that have occurred during his administration. It is important that the account be carefully examined. Requests for additional information or questions or objections can be discussed with: a c> s M Michael A. Scherer, Esquire � 73 o BARIC SCHERER LLC M = C'� Cn v 19 West South Street Carlisle, PA, 17013 x Q (717) 249-6873 o � 3 -" • � ca r .m —i r- l SUMMARY OF ACCOUNT PRINCIPAL PAGES Receipts 3-4 262,505.83 Less Disbursements Debts of Decedent 4 3,823.34 Funeral Expenses 5 240.00 Administrative Expenses 5 14,619.58 Taxes 6 1,229.71 Fees/Commissions proposed 6 18,097.50 -38,010.13 Balance before distribution 224,495.70 Distribution to beneficiaries g -151,574.00 Principal balance on hand g 72,921.70 INCOME 114.83 COMBINED BALANCE ON HAND 7 73,036.53 AUDIT NOTICE 8 VERIFICATION 9 2 PRINCIPAL RECEIPTS REAL ESTATE 02/20/14 Vacant lot: .069 acres 55,000.00 West Trindle Road, Carlisle, Pennsylvania 17013 Valued at sale price per agreement of sale dated February 20, 2014 03/14/12 CASH 66,753.97 03/14/12 Giant Food Gift Cards 60.00 DEPOSIT ACCOUNTS 04/16/12 Sovereign Bank acct no. 2891046218 15,637.52 05/03/12 M & T Bank acct no. 9849713491 40,492.47 05/30/12 Wells Fargo acct no. 10110264504483 16.192.67 TOTAL: 72,322.66 PERSONAL PROPERTY 04/16/12 Auction Proceeds-3 automobiles 1,275.00 1990 Oldsmobile Cierra 1980 Dodge Aspen 1989 Dodge Dynasty 08/07/12 Auction Proceeds-personal property 13,324.75 10/22/12 Sale Proceeds-personal property 141.00 Two handguns & ammunition-per appraisal 644.00 15 long guns-per appraisal 870.00 TOTAL: 14,979.75 3 RETIREMENT FUNDS 05/25/12 Dover Corporation $69,037.81 Non-probate group life insurance Payable to Pinnacle Health Systems 06/05/12 Dover Corporation 26,605.64 LIFE INSURANCE 06/27/12 Met Life 5,053.98 07/31/12 Met Life 11,189.55 04/10/13 Met Life 5,266.04 04/30/13 Met Life 257.48 TOTAL: 21,767.05 REFUNDS 03/02112 Ewing Brothers Funeral Home 47.68 04/25/12 Erie Insurance-automobile 438.00 06/05/12 John Breinich-security deposit 65 E. Penn St. 325.00 07/03/12 Cumberland Goodwill Ambulance 1,524.08 09/28/12 U.S. Treasury-income tax 2011 576.00 10/25/12 Erie Insurance-renter's policy 41.00 07/13/13 United States Treasury-income tax 2012 790.00 TOTAL: 3,741.76 RECEIPTS OF INCOME 04/11/12 Corning retirement 89.11 03/14/13 Met Life 25.72 DEBTS OF DECEDENT TOTAL: 114.83 05/23/12 Yellow Breeches EMS 711.20 05/23/12 Cumberland Goodwill Fire Rescue 1,524.08 05/23/12 West Shore EMS 402.56 05/23/12 Health Network Labs 253.67 05/23/12 Pinnacle Health Cardiovascular Institute 124.40 05/23/12 Quantum Imaging Associates 73.00 05/23/12 MS Hershey Medical Center 446.43 06/05/12 Masland Associates: physicians 38.00 09/17/12 Carlisle Regional Medical Center 250.00 TOTAL: 3,823.34 4 FUNERALEXPENSES 04/10/12 Carlisle Memorial Service: grave marker inscription 240.00 ADMINISTRATIVE EXPENSES 03/05/12 Register Of Wills-probate fee 208.50 04/04/12 John Brienich: rent 65 East Penn Street 1,395.00 04/10112 George Hicks:Trindle Rd. real estate County/township tax 143.35 04/16/12 Lebo's Garage: prepare autos for sale 824.03 04/18112 The Sentinel: legal advertising 168.30 04/20/12 Diversified Appraisals: appraisal of real estate 350.00 04/26/12 Michael Cease: appraisal of guns 95.00 04/30/12 PPL Electric 175.02 04/30/12 Register of Wills-additional probate 175.00 04/30/12 Hilton's Lock Service 15.64 05102/12 Cumberland Law Journal legal advertising 75.00 05/07/12 Century Link: phone bills 57.14 05/16/12 Randy Harr: shed junk removal & lot clean up 350.00. 05/18/12 Shooting The X: gun transfer fees 25.00 05/21/12 Corning Benefits: reimburse pension overpayment 178.22 05/30/12 R T Carey Trucking: dumpster services 482.00 06/14/12 Register of Wills: filing fee inheritance tax return 15.00 07/02/12 Baric Scherer: legal fees prior to death 1,294.00 08/12/12 Robin Sollenberger: Trindle Rd. school taxes 647.38 08/24112 Klingler&Associates: 2011 income tax preparation 375.00 09/07/12 Michael Cease: auction commissions 4,832.16 03/01/13 Robin Sollenberger: real estate tax cty/twp 2013 155.33 03/15/13 Klingler& Associates: 2012 income tax preparation 225.00 04/30/13 Overnight fees and processing fee for retirement 58.83 08/23/13 Randy Harr: lawn care and mowing 2013 season 1,345.00 01/07/14 Klingler &Associates: preparation fiduciary return 425.00 02/25/14 Melanie Strickland: 2014 real estate taxes cty/twp 158.68 03/19/14 Register of Wills- filing fee, account, petition & adv. 315.00 Misc fees, short certificates 56.00 TOTAL: 14,619.58 5 FEDERAL STATE & LOCAL TAXES 04/11/12 United States Treasury: estimated 2011 tax liability 1,000.00' 05/23/12 PA Inheritance Tax prepayment 216.00 10/09/12 PA Department of Revenue-income tax 2011 11.71 03/17/14 PA fiduciary tax 2.00 TOTAL: 1,229.71 FEES AND COMMISSIONS proposed Baric Scherer: administrator's fees 5,782.50 proposed Baric Scherer: attorney fees 12.315.00 TOTAL: 18,097.50 DISTRIBUTION OF PRINCIPAL TO BENEFICIARIES 03/14/12 First Church of God-Giant gift cards 60.00 05/18/12 Helen Tyler: guns & ammunition 1,514.00 06/13/12 Pinnacle Health Systems, Harrisburg, PA 55,000.00 06/13/12 First Church Of God, Carlisle, PA 55,000.00 01/21/13 Pinnacle Health Systems, Harrisburg, PA 20,000.00 01/21/13 First Church of God, Carlisle, PA 20.000.00 TOTAL: 151,574.00 ASSETS HELD BY ACCOUNTANT ON CLOSING DATE Estate checking account 36,134.03 Real estate: 0.69 acres contract sale price 55.000.00 Subtotal: 91,134.03 Less fees and commissions proposed 18.097.50 TOTAL 73,036.53 6 SCHEDULE OF PROPOSED DISTRIBUTION The real estate is under contract to be sold and settlement is expected to occur within the next several months after the municipality has approved the buyer's land development plans. The personal representative proposes to take his fee and pay attorneys fees when the Account is confirmed. Thereafter, when the real estate is sold, the personal representative will distribute the combined balance on hand of$73,036.53 in two equal shares to Pinnacle Health Systems and First Church of God. The combined balance on hand of$73,036.53 will be reduced by the closing costs associated with the real estate transaction, which closing costs will not be known until a settlement date is confirmed. Pinnacle Health Systems and First Church of God will be given a HUD-1 closing statement when final distribution is made which will verify the closing costs associated with the sale of the real estate. Respectfully submitted, BARIC SCHERER LLC Azw/ Mich a'61 A. Scherer, Esquire 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 7 AUDIT NOTICE Please be advised that the First and Final Account and Proposed Distribution of Michael A. Scherer, Administrator under the Will dated December 11, 2007 and executed by Bryan F. Ensminger, Jr., deceased, has been filed with the Clerk of the Orphans Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania, and will be called for audit before the Honorable Judges of said Court on the day of April 22, 2014, at 9:30 a.m. in Courtroom Number 1, of the Cumberland County Courthouse, Carlisle, Pennsylvania. Your interest in the Estate consists of: See attached Will and Schedule of Distribution. The Court will be asked to approve the account as stated and to make awards in accordance with the provision of the Will of Bryan F. Ensminger, Jr., deceased. Copies of the Account and Will are enclosed. It is not necessary that you or your counsel appear at the audit. However, if you have any objection to any items in the Account (or if you disagree with the position the accountant has taken on any claim), it is necessary that you appear at the time and place stated above in person or by counsel; otherwise, the Court will assume you have no objection and may approve the account as stated. If you have any questions regarding the contents of this letter, the Account of the Administrator of the Will of Bryan F. Ensminger, Jr., please contact the undersigned. Michael A. Scherer, Esquire Baric Scherer LLC 19 West South Street Carlisle, PA 17013 (717) 249-6873 8 VERIFICATION Michael A. Scherer, Administrator, Executor of the Estate of Bryan F. Ensminger, Jr., deceased, hereby declares under oath that he has fully and faithfully discharged the duties of his office; that the foregoing First and Final Account is true and correct and fully discloses all significant transactions occurring during the accounting period; that all known claims against the estate have been paid in full; that, to his knowledge, there are no claims outstanding against the estate; that all income taxes presently due from the Estate have been paid, and that all inheritance tax has been paid; and that the grant of Letters Testamentary and first complete advertisement thereof occurred more than four months before the filing of the foregoing First and Final Account. This statement is made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Michael A. Scherer Date: March 21, 2014 9 VERIFICATION UNDER CCRP 6.3-1 1 hereby certify that on March 21, 2014, 1 mailed the notice of the time and place of the presentation of the above account and proposed distribution, along with a copy of the account, proposed statement of distribution and a copy of the Will, by first class mail, postage prepaid, as follows: Helen Tyler 63 Sheaffers Valley Road Landisburg, Pennsylvania 17040 Pinnacle Health Systems c/o Christopher Markley, Esquire 409 South Second Street P.O. Box 8700 Harrisburg, Pennsylvania 17105-8700 First Church of God 705 Glendale Street Carlisle, Pennsylvania 17013 Attorney General Charitable Trusts & Organizations Section 14th Floor Strawberry Square Harrisburg, Pennsylvania 17120 v Michael A. Scherer, Esquire 10 r i OF j BRYAN F. ENSMINGER, JR. I, BRYAN F. ENSMINGER, JR., of Cumberland County, Pennsylvania, do hereby I declare this to be my Last Will and Testament and hereby revoke all Wills and Codicils ;j previously made by me. ITEM ONE: I direct the payment of my debts and the expenses of my estate from my estate as soon after my death as conveniently may be done. I have prepaid i for my funeral at Ewing Brothers Funeral Home and have a lot purchased for my iinterment. ITEM TWO: I bequeath all of my firearms and hunting apparel to my Aunt, Helen Tyler, of Landisburg, Pennsylvania, should she survive me by thirty days. ITEM THREE: I give, devise and bequeath such of my personal property as may be listed on a signed and dated memorandum kept with my Will to the persons named thereon, provided they survive my death. Should such a memorandum not be found with my Will, it shall be conclusively presumed that none was prepared, and all of my li personal property shall pass according to the remaining provisions of this Will. . ITEM FOUR: I give, devise and bequeath the rest, residue and remainder of I my estate, of whatever nature and wherever situate, as follows: Fifty Percent (50%) to PINNACLE HEALTH, South Front Street, Harrisburg, Pennsylvania and Fifty Percent (50%) to FIRST CHURCH OF GOD, 705 Glendale Street, Carlisle, Pennsylvania. i I i I ITEM FIVE: While in the hands of my fiduciaries, neither the principal nor the income of my estate or any trust created hereunder shall be liable for the debts of any beneficiary hereunder, nor shall the same be subject to seizure or attachment by any creditor of any beneficiary under any writ or proceeding at law or in equity, and no beneficiary hereunder shall have any power to sell, assign, encumber or in any manner to anticipate or dispose of his or her interest in the trust estate or in the income produced thereby. k ITEM SIX: I direct that no executor or other fiduciary named, nominated, or appointed by this my Last Will and Testament shall be required to post any bond or give I any security of any type for any purpose whatsoever, any law or rule of the Court of the �i Commonwealth of Pennsylvania or any other jurisdiction to the contrary li notwithstanding. I direct that the law of the Commonwealth of Pennsylvania shall apply to any interpretation or application of the validity of this instrument. ITEM SEVEN: I confer upon my executor the right to sell or otherwise convert i any real or personal property at public or private sale, at such time or time, in such manner, and for such price or prices, and on such terms and conditions as my executor jshall determine, and to execute and deliver good and sufficient conveyances, IIassignments and transfers of the property, without liability of any purchaser for the application of any consideration; to borrow money and to secure its payment by mortgage of real or personal property, pledge of investments, or otherwise, without liability on the part of the lenders to see to the application thereof; to retain any I investments at discretion; to invest and reinvest at discretion, without restriction to so- I i called "legal investments;" to make distribution in cash or in kind; to allocate and distribute different kinds or disproportionate shares of property or undivided interests in property among beneficiaries, in case or in kind, or partly in each; and to do all other acts and things necessary or appropriate in the management, administration and i distribution of my estate. ii Ij ITEM EIGHT: Any and all payment or payments of any sum or sums, whether in cash or in kind and whether for principal or income, payable to an heir, or any of them, i� shall be made upon the sole receipt of the respective individual to whom the payment is �I made, and free from anticipation, alienation, assignment, attachment, and pledge, and ' free from control by the creditors of any such beneficiary. I i� ITEM NINE: I appoint M&T Bank, executor of this my Last Will and Testament. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, consisting of four(4) typewritten pages, the first two (2) of which bear my signature in the margin for the purpose of identification, on this the�_day of lD&e, 2007. �I (E /✓�w.x•.v ° ��,._. ' (SEAL) Bryan F. Ensming ,, Jr, I i i i I 'I I I Signed, sealed, published and declared by the above named testator, Bryan F. Ensminger, Jr., as and for his Last Will and Testament, in the presence of us, who, at his request, in his sight and presence, and in the sight and presence of each other, have hereunto subscribed our names as witnesses. I� 'I l 44&1A k ADDRESS �I �/"�� �� i rOl�IVbt{;�cDDRESS�' ' � 9Wfi) bV PN COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND yyi�nn �""����'' We, Bryan F. Ensminger, Jr., Mi(,46,0 Q 1,3c,&- and XZCA� ' rl dck the Testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument of his Last Will and I Testament, and that he signed willingly and that he executed as his free and voluntary act for the purposes therein expressed, 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 their knowledge, the Testator was at the time eighteen (18) years of age or older, of sound I I mind and under no constraint or undue influence. i Sworn to and subscribed before me this the I II I I day of 1)c�c..•-S 61v 2007. I i COMMONWEALTH OF PENNSYLVANIA Notarial Seal EAmajryda L.Bemhisel,Noha ry Public i Cumberland count,s!on Expires April 17,2010 Notaries Member,Pennsylvonie gneu:iuttan 0 f PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: March 30 April 6 and April 13 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland E. Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. r Lips Marie Coyne, EX- tor SWORN TO AND SUBSCRIBED before me this 13 of April, 2012 J f Notary - w Enamiager,Bryan F.,Jr., deed. Late of Cumberland County. Administrator:Michael A. Scher- er,Esquire. Attorneys: Michael A. Scherer, NOTARIAL SEAL Esquire, Bazic Scherer LLC, 19 DEBORAH A COLLINS West South Street, Carlisle, PA Notary Public 17013, (717)249-6873. CARLISLE BOROUGH,CUMBERLAND COUNTY My commission Expires Apr 28,2014 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Jackie Cox,Sales Director,of The Sentinel,of the County and State aforesaid,being duly sworn, deposes and says that THE SENTINEL,a newspaper of general circulation in the Borough of Carlisle,County and State aforesaid,was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): March 22, 29&ADril 5, 2012 COPY OF NOTICE OF PUBLICATION ESTATE of R.a - Affiant further deposes that he/she is not LesemofAtldt0oraty, In the anteteof OR F.ENSMINGER;JR.,late of Cumhel2,2 County;were granted to Michael A.Scherer,Esquire,on ,,^ interested in the subject matter of the March l2,2012.2012. � �„- All persons knowing themselves to be Indebted to said Estate are requoste8lo aforesaid notice or advertisement, and that make Immediate payment and those having claims will present them, all allegations in the foregoing statement as - wIthout delay,to the undersigned. Michael A.Scherer,Esquire to time, place and character of publication Best South Street true. 19 Wessle.PA 17013 Carlisle.PA17013' t (717)249973 Sworn to and subscribed before me this Notary Public My commission expires: - NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY My Commission Expires Jan 27,2014