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DECEDENT'S ESTATE
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ESTATE OF DONALD E.MORNINGSTAR,DECEASED; ° �"' � �� �.�'—.,
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No.21-13-00145 n ^� v' ,°r,
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PETITION FOR ADJUDICATION/
STATEMENT OF PROPOSED DISTRIBUTION
PUR5UANT TO Pa.O.C.Rule 6.9
This form may be used in all cases involving the Audit of the Account of a Decedent's
Estate. If space is insufficient, riders may be attached. Attach the spouse's election, if
any; the papers required under items 8-19 inclusive; and any instrument pertinent to the
adjudication.
INCLUDE ATTACHMENTS AT THE BACK OF THIS FORM
Name of Counsel: Stephen D.TileX
Supreme Court I.D.No.: 32318
Name of Law Firm: Frey and Tiley
Address: 5 South Hanover Street,Carlisle,PA 17013_
Telephone: 717-243-5838
Fax: 717-243-6441
Form OC-Ol rev. 10.13.06 Page 1 of 9
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Estate of Donald E. Morningstar, Deceased
1. Name(s) and address(es) of Petitioner(s):
Name: Laura L.Morningstar
AaaTess: 15 Nelson Drive
Carlisle,PA 17015
Identify any executors or administrators who have not joined in the Petition for
Adjudication and Statement of Proposed Distribution and state reason:
None
Is this the first accounting by this fiduciary................................ X Yes No
If not,identify prior accountings,the accounting periods covered,and the date of
Adjudication of the prior accounting.
2. Decedent died on_January 15,2013
X Letters Testamentary or Letters of Administration were granted to
Petitioner(s) on February 5,2013
Date of Will (if applicable):__August 3,2001
Date(s) of Codicil(s) (if applicable): N/A
Date of probate (if different from date Letters granted): (same�
Was a bond required? Yes X No If yes,state amount
Are proofs of advertising of the grant of Letters attached?........., X Yes No
Dates of advertising of the grant of Letters:_Cumberland Law Joural: March 15,22&
29,2013. The Sentinel: March 6, 13 & 20,2013
Form OC-Ol rev. ]0.13.06 Page 2 of 9
Estate of Donald E. Morningstar, Deceased
3. Was decedent survived by a spouse?.................................. Yes X 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 seq.of the Probate Estates and Fiduciaries Code)
N/A
If yes,date of election:
5. In the case of intestacy,state the names of the decedent's surviving children or
surviving issue of deceased children (if none,so state):
N/A (Named in Will)
6. Did decedent marry after execution of Will or Codicil(s)?........._Yes X No
Were any children born to decedent after execution of
Will of Codicil(s)?..................................................................... Yes X 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?................................... X Yes No
8. Written notice of the Audit as required by Pa.O.C. Rules 6.3,6.7 and 6.8 has
been or will be given to all parties in interest listed in item 9 below,all unpaid
creditors and all claimants listed in item 10 below. In addition,notice of any
Form OC-01 rev. 10.13.06 Page 3 of 9
Estate of Donald E. Morningstar, Deceased
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. (Listed at item 9)
B. If Notice is yet to be given,a copy of the Notice as well as a list of the names
and addresses of the parties receiving such Notice shall be submitted at the
Audit together with a statement executed by a Petitioner or counsel certifying
that such Notice has been given.
C. If any person entitled to Notice is not sui juris (e.g.,minors or incapacitated
persons),Notice of the Audit has been or will be given to the appropriate
representative on such party's behalf as required by Pa.O.C.Rule 5.2.
D. If any charitable interest is involved,Notice of the Audit has been or will also
be given to the Attorney General as required under Pa. O.C. Rule 5.5. In
addition,the Attorney General's clearance certificate (or proof of service of
Notice and a copy of such Notice) must be submitted herewith or at the Audit.
9. List all parties (charitable and non-charitable) of whom Petitioner(s) has/have
notice or knowledge,having or claiming any interest in the estate as beneficiaries
under the Will or Codicil(s) or as intestate heirs if there is a complete or partial
intestacy:
A. State each party's relationship to the decedent and the nature of each
party's interest(s):
Name and Address of Each Partv in Interest Relationship and Comments,if anv Interest
Laura L. Mornin�star,Trustee of the Trust Established
Jadelyn D.Morninstar Trust Under Will for Decedent's
of Donald E.Morningstar,Deceased Granddaughter
15 Nelson Drive,Carlisle,PA 17015 1/2 Residuarv
Laura L. Morningstar
15 Nelson Drive,Carlisle,PA 17015 Daughter 1/4 Residuary
Bronly E. Morningstar
68 Mountain Lane,Newburg,PA 17240 Son 1/4 Residuarv
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
Form OC-Ol rev. 10.13.06 Page 4 of 9
Estate of Donald E. Morningstar, Deceased
each Guardian was appointed. If no Guardian has been appointed,identify the
next of kin of such party,giving the name,address and relationship of each.
N/A
C. State why a Petition for Guardian/Trustee Ad Litem has or has not been filed
for this Audit(see Pa. O.C.Rule 12.4),
N/A
D. If distribution is to be made to the personal representative of a deceased party,
state date of death,date and place of grant of Letters and type of Letters
granted.
N/A
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
Yes_ _Yes
None
No No
Yes_ _Yes
No No
Yes_ _Yes
No No
If the estate is insolvent,attach a schedule setting forth the order of preference under 20
Pa. C.S. § 3392 and the proposed payments. ,
Form OC-01 rev. 10.13.06 Page 5 of 9
Estate of Donald E. Morningstar, Deceased
11. Was family exemption claimed?................................. Yes X No
Was family exemption allowed?................................. Yes No
N/A
Family exemption claimant's name and relationship:
Name: Relationship:
12. The amount of Pennsylvania Transfer Inheritance Tax and additional Pennsylvania
Estate Tax paid,the date(s) of payment(s),and the interest(s)upon which paid,are as
follows:
Date Payment Interest
3/21/2013 $24,000.00 Residuary Est.
11/13/2013 ($439.66) Refund Received Residuray Est.
13. On the date of death,was the decedent a fiduciary
(personal representative,trustee,guardian,agent under power
of attorney) or surety on the bond of a fiduciary?.................. Yes X 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.
N/A
14. A. Describe in detail any questions requiring adjudication and state the position of
the Petitioner(s) as to each question:
N/A
B. Has notice of the question requiring adjudication been given
to the parties identified in Paragraph 9 above?............ Yes No
Form OC-Ol rev. 10.13.06 Page 6 of 9
Estate of Donald E. Morningstar, Deceased
15. If Petitioner(s) has/have knowledge that a share has been assigned,renounced,
disclaimed or attached,provide a copy of the assignment,renunciation,disclaimer or
attachment,together with any relevant supporting documentation.
N/A
16. Had the decedent been adjudicated an
incapacitated person?..........................................................._Yes X No
If yes,attach a copy of the Order if available; otherwise state the Court,
term,number,date,and name of Hearing Judge.
N/A
17. A. List or attach a separate list of additional receipts and disbursement since
the closing date of the Account.
None
B. Has notice of the additional receipts and disbursements been
given to the parties identified in Paragraph 9 above_Yes No
N/A
18. If a reserve is requested,state amount and purpose. N/A
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?............................... Yes No
If so,attach a copy of the notice. Describe in Account.
19. Is the Court being asked to direct
the filing of a Schedule of Distribution?............................. Yes X No
(Schedule of Distribution filed with Account)
As to real estate only?....................................................... Yes No
Form OC-DI rev. 10.13.06 Page 7 of 9
Estate of Donald E. Morningstar, 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 Distriburion(s) Amount/Proportion
Laura L Morningstar Trustee of the Trust Established
Jadelyn D.Morninstar Trust Under Will for Decedent's
of Donald E. Mornin�star Deceased Granddau h�ter
15 Nelson Drive Carlisle PA 17015 50%
Laura L.Morningstar
15 Nelson Drive Carlisle PA 17015 Daughter 25%
Bronly E.Morningstar
68 Mountain I,ane Newbu� PA 17240 Son 25%
B. Principal:
Proposed Distribution(s) Amount/Proportion
Laura L.Morningstar,Trustee of the Trust Established
Jadelyn D. Morninstar Trust Under Will for Decedent's
of Donald E. Mornin�star Deceased Granddau�hter
15 Nelson Drive Carlisle PA 17015 50%
Laura L. Morningstar
15 Nelson Drive Carlisle PA 17015 Dau�hter 25%
Bronly E.Morningstar
68 Mountain Lane Newburg PA 17240 Son 25%
Form OC-01 rev. 10.13.06 Page 8 of 9
Estate of Donald E. Morningstar, Deceased
Submitted By:
(All Petitioners must sign,
Add additional lines if necessary):
�
, �
ura L. Morningstar
Verification of Petitioner
(Verification must be by at least one petitioner.)
The undersigned hereby verifies * [that she is Executrix
of the above-named Estate of Donald E.Morningstar,Deceased,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
informarion 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).
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S nature of Peritioner,Laura L. ,orningsta
* 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.
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Sig ature of Counsel for Petitioner
Stephen D.Tiley
Form OC-01 rev. 10.13.06 Page 9 of 9
LAST WILL AND TESTAMENT
OF
DONALD E. MORNINGSTAR .
I, DONALD E. MORNINGSTAR, of 218 Three Square Hollow Road, Newburg,
Cumberland County, Pennsylvania, 17240, make, publish, and declare this to be my Last Will and
hereby revoke a11 Wills and Codicils previously made by me.
ITEM I. I direct my Executrix hereinafter named to pay all of my just debts and
funeral expenses and the costs of the administration of my estate as soon as practicable after my
death.
ITEM II. I direct my Executrix hereinafter named to sell, at public or private sale and
for whatever price is deemed advisable, my home located at 218 Three Square Hollow Road,
Newburg, Cumberland County, Pennsylvania, 17240, together with any and all personal and
household goods, and i further direct that the proceeds of said sale or sales become part of my
residuary estate.
ITEM III. I direct my Executrix, hereinafter named, to sell at public or private sale and
for whatever price is deemed advisable any automobiles owned by me at my death, and i further
direct that the proceeds of said sale or sales become part of my residuary estate.
ITEM IV. All the rest, residue, and remainder of my property and estate of every kind
and nature and wheresoever situate, including all lapsed legacies and bequests, and including any
property over which I may have a power of appointment at the time of my death, I give, devise, and
bequeath as follows:
Doa�ment#:21063.5.1
A. One half shaxe to my granddaughter, JADELYN D. MORNINGSTAR or her
issue,per stirpes. If Jadelyn D. Morningstar predeceases me, and without issue, then I give,
devise, and bequeath said share in one half part to my daughter, LAUR.A L.
MORNINGSTAR of Carlisle, Cumberland County, Pennsylvania, and one half share to my
son, BRONLY E. MORNINGSTAR, of Harrisburg, Dauphin County, Pennsylvania,
Pennsylvania, absolutely and forever.
B. One quarter share to my daughter, LAURA L. MORNINGSTAR, or her
issue, per stirpes. If Laura L. Morningstar predeceases me, and without issue, I give,
devise, and bequeath said share to my granddaughter, JADELYN D. MORNINGSTAR, or
her issue per stirpes.
C. One quarter share to my son, BRONLY E. MORNINGSTAR, or his issue,
per stirpes. If Bronly E. Morningstar predeceases me, and without issue, I give, devise, and
bequeath said share to my granddaughter, JADELYN D. MORNINGSTAR, or her issue per
stirpes.
ITEM V. All estate, inheritance, legacy, succession, or transfer taxes, including any
interest and penalties thereon, imposed by any domestic or foreign law with respect to all property
taxable under such laws by reason of my death, whether or not such properry passes under this Will,
by operation of law, by contract, or otherwise, sha11 be paid without any right of reimbursement
from any recipient of any such properiy, without any right of apportionment, and without
postponement.
ITEM VI. Should any person entitled to a share of my estate be a minor at the time of
distribution to him or her, and should the value of such property be more than the amount which
may be paid or delivered to him or her or in his or her behalf without the appointment of a guardian
Document#:?70635.1 Page 2 of 4
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or other fiduciary or the delivery of security, such share shall be paid and distributed to my Trustee
hereinafter named to be held IN TRUST and ma.naged, invested, and reinvested, together with the
accumulation of income thereon, if any, and the Trustee shall use and apply from time to time such
portion of the income and principal thereof as it deems necessary or desirable for the minor's
reasonable maintenance, support, and complete education, including preparatory, college, post-
graduate, or professional training, or to make such payment for such purposes to the guardian or
person with whom such minor resides or directly to or for the benefit of the minor without further
responsibility to such minor or any person taking caze of such minor, and when such minor attains
the age of twenty-one (21) years, any principal or income not so paid or applied shall be distributed
to such minor, or if he or she dies prior thereto,to his or her personal representa.tive.
ITEM VII. In addition to the powers granted by law, my personal representative shall
have the following powers:
A. To sell at public or private sale,to exchange, to lease,to pledge,to
mortgage,to transfer, or convert or otherwise dispose of, or grant options with respect to any
and all property, real or personal, at the time forming a part of my probate or trust estate, in
such manner, at such time or times, for such purposes, for such price or prices, and upon
such terms, credits, and conditions as shall be deemed advisable or necessary under the
circumstances.
B. To compromise any claim or controversy.
C. To invest in all forms of property without being limited to legal investment.
ITEM VIII. I nominate and appoint my daughter, LAURA L. MORNINGSTAR, as the
Executrix of this my Last Will, but in the event that she predeceases me, fails to qualify, or ceases
to act, I nominate and appoint my son, BRONLY E. MORNINGSTAR, as Executor of this my Last
Document#:210635.1 page 3 of 4
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Will. My Executrix or Executor, as the case may be, will serve without bond for the faithful
performance of duties in any jurisdiction.
ITEM IX. I nominate and appoint LAURA L. MORNINGSTAR as the Trustee of all
trusts created by this my Last Will, to serve without bond for the faithful performance of duties in
any jurisdiction. Should Laura L. Morningstar predecease me, I nominate and appoint BRONLY E.
MORNINGSTAR as the Trustee of all trusts created by this, my last Will,to serve without bond for
the faithful performance of duties in any jurisdiction.
IN WITNESS WHEREOF, I hereunto set my hand this 3 day of
2001.
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DONALD E. MORNINGST
T'he_preceding instrument, consisting of this and three (3)typewritten pages,was on the date
thereof signed, published, and declared by DONALD E. MORNINGSTAR, the Testator named
therein, as and for his Last Will, in the presence of us, who, at his request, in his presence, and in
the presence of each other,have subscribed our na.mes as witnesses hereto.
Witnesses:
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Name Address
Name A dress
Document#:210635.1 Pa?e 4 of 4
COMMONWEALTH OF PENNSYLVA1vIA .
: SS
COUNTY OF��.��Pbr�.c1 .
ACKNOWLEDGEMENT
We, the undersigned witnesses whose names are signed to the attached or foregoing
instnzment, being duly qualified according to law, do depose and say that we were present and saw
Testator sign and execute the instrument as his Last Will; that he signed willingly and the he
executed it as his free and voluntary act for the purposes therein expressed; that each of us in the
hearing and sight of the Testator signed the Will as witnesses and that,to the best of our knowledge,
the Testator was at the time eighteen (18) or more years of age, of sound rnind and under no
constraint or undue influence.
SWORN or affirmed to and aclalowledged before me by the above name witnesses this
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Notary Public
My Commission Expires:
NOTARIAL SEAL
CAROL A.LYTER, NOTARY PUBLIC
�SEA�.�� Harrisburg.Qauphin County
My Commission Expires Dec.28 2004
Doct�ment#:110635.1
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PROOF �F 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 13�, 1881,
since which date THE SENTINEL has been regularly issued in said County, and that the
printed notice or publication attached hereto is exactly the same as was printed and
published in the regular editions and issues of
THE SENTINEL on the following day(s):
March 6, 13&20, 2013
COPY OF NOTICE OF PUBLICATION
. �� �I _-_- - �illilf�r
' EXECUTRIX NOTICE , -
letters Testamentary in the Estate of DONALD E.MORNINGSTAR,late of
a South Middleton Township,Cumberland County,Pennsylvania,deceased,
� have been granted to the undersigned. Afflallt fL1T�leT CiepOSeS�lat 11e�S11e 1S llOt
�!All persons knowing themselves to be indebted to said Estate will make 1T1t2T2SteCl 1T1 t�le SUb�2Ct 1111tt2T Of�l2
payment immediately,and those having claims will present them for ' afOI'2S11C�TlOt1Ce OT 1C�VeTt].SeTTlellt, and that
settlement ta
' all allegations in the foregoing statement as
! . Laura L.Momingstar,Executrix
�
' c/o Stephen D.Tiley t0�lme,place and character of publication
� 5 South Hanover Street
, Frey and Tiley
Carlisle,Pennsylvania 17013 Ue.
.�Attorneys
;
, .�..^+..-*--�-^-+^-,�-- .
Sworn to and subscribed before me this
20+-" Zp(3
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Notary Public
My commission expires:
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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 atta.ched 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 15, March 22, and March 29, 2013
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
� ' �,,
,----
L' a Marie Coyne, Edito
SWORN TO AND SUBSCRIBED before me this
29 dav of March, 2013
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- Notary
Morningstar,Donald E.,dec'd.
Late of South Middleton Township.
Executrix: Laura L. Morningstar
c/o Stephen n. T�ey, Esquire, 5 ����---•---�°,�'.�.�„v�'.�"'..`°"'�""��`��
South Hanover Street,Carlisle,PA P�f;THh{AL S�AI_
17013. DF"�R;�,i-!!��OL!_I�!'3
Attomeys:Frey and Tiley. Noiar;�F'ublic
Ct1�iUSLE��30f�JUGH,�'iJPA$�:�=rL�".�JD CC!.3�4TY`
n.4;�Co�r�nission�:c��ires Apr 26,�014
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