Loading...
HomeMy WebLinkAbout05-15-14 F TILEMCHWA13971 BurkMd,A ,,ate\13971.LFe tition.adjudication.acwunt."d DECEDENT'S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF DENNIS A. BURKHOLDER,DECEASED J.'-o No. 21:J-13-0086 PETITION FOR ADJUDICATION/ STATEMENT OF PROPOSED DISTRIBUTION PURSUANT 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.Ifspace is insufficient,riders maybe attached Attach the spouse's election, ifany;the papers required under items 8-19 inclusive; and any instrument pertinent to the adjudication. INCL UDE ATTACHMENTS AT THE BACK OF THIS FORM. Name of Counsel: Seth T. Mosebey Supreme Court I.D. No.: 203046 Name of Law Firm: MARTSON LAW OFFICES n Address: 10 East High Street, Carlisle, PA 17013 z(D W D�- C Tele hone: (717)243-3341 -< c -C) --, C1 Fax: (717) 243-1850 , c z r n O�-ri n c.n rc;p Form OC-01 rev./0. 13.06 Page 1 of 7 Estate of Dennis A. Burkholder, Deceased 1. Name(s)and address(es) of Petitioner(s): Name. Troy M. Burkholder Address: 180 Martel Circle Dillsburg, PA 17019 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? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ®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 10, 2013. ® Letters Testamentary or❑ Letters of Administration were granted to Petitioner(s) on January 23, 2013. Date of Will (if applicable): March 15, 2011 Date(s) of Codicil(s) (f applicable): 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? . . . . . . . . . . . . . . . . . . . . . ®Yes ❑ No Dates of advertising of the grant of Letters: The Sentinel: February 11th, 18" &25'h/26 L3 Cumberland Law Journal: February 22"",March I'& 8',, Z4 l3 3. Was decedent survived by a spouse? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ Yes ®No If yes, name of the surviving spouse: Form OC-01 rev./0. 13.06 Page 2 of 7 Estate of Dennis A. Burkholder, Deceased 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 ®No Were any children born to decedent after execution of Will or Codicil(s)? . . . . . . . . ❑Yes ® No If yes, give names and dates of birth: Name: Date of Birth: 7. If required by the Medical Assistance Estate, Recovery Act, 62 P. S. § 1412, was a request for a statement of claim sent to the Department of Public Welfare? . . . . . . . . . . . . . . . . . . Oyes ❑ No 8. Written notice of the Audit as required by Pa. O.C.Rules 6.3, 6.7 and 6.8 has been or will be given to all parties in interest listed in item 9 below, all unpaid creditors and all claimants listed in item 10 below.In addition,notice of any questions requiring Adjudication as discussed in item 14 below has been or will be given to all persons affected thereby. A. If Notice has been given, attach a copy of the Notice as well as a list of the names and addresses of the parties receiving such Notice. B. If Notice is yet to be given,a copy of the Notice as well as a list of the names and addresses of the parties receiving such Notice shall be submitted at the Audit together with a statement executed by a Petitioner or counsel certifying that such notice has been given. C. If any person entitled to Notice is not sui juris(e.g.,minors or incapacitated persons),Notice of the Audit has been or will be given to the appropriate representative on such party's behalf as required by Pa. O.C. Rule 5.2. 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. Form OC-01 rev./0. 13.06 Page 3 of 7 Estate of Dennis A. Burkholder, Deceased 9. List all parties(charitable and non-charitable)ofwhom 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 Party in Ltterest Relationship and Comments,if am+ interest Troy M.Burkholder Son Specific Bequests per 180 Martel Circle Item 3 and Residue per Dillsburg,PA 17019 Item 4 of Will Jeanne Beat Friend Specific Bequests per c/o Andrew H. Shaw,Esquire Item 3 of Will 200 S. Spring Garden Street Suite 11 Carlisle,PA 17013 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. C. State why a Petition for Guardian/Trustee Act 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. 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 afCtaim Claim Admitted? A'iII Claim Be Paid in Full? PNC Bank $8,132.09 ® Yes Claim has One Financial Parkway 0 No been paid Kalamazoo, MI 49009 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-oi rev./o. iao6 Page 4 of 7 Estate of Dennis A. Burkholder, Deceased 11. Was family exemption claimed?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ Yes ® No Was family exemption allowed?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ Yes ❑ No Family exemption claimant's name and relationship: Name: Relationship: 12. The amount of Pennsylvania Transfer Inheritance Tax and additional Pennsylvania Estate Tax paid, the date(s)of payment(s), and the interest(s)upon which paid, are as follows: Date Payment Interest 05/31/13 $3,238.18 0.00 10/09/13 $5,216.60 0.00 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? . . . . . . . . . . . . . . . . . . ❑ 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: B. Has notice of the question requiring adjudication been given to the parties identified in Paragraph 9 above? . . . . . . . . . . . . . . . . . . . . . . . . ❑ Yes o No 15. If Petitioner(s) has/have knowledge that a share has been assigned, renounced, disclaimed or attached,provide a copy of the assignment,renunciation,disclaimer or attachment,together with any relevant supporting documentation. 16. Had the decedent been adjudicated an incapacitated person? . . . . . . . . . . . . . . . . . . . ❑ Yes ®No If yes, attach a copy of the Order if available; otherwise state the Court, term, number, date, and name of Hearing Judge. 17. A. List or attach a separate list of additional receipts and disbursements since the closing date Form OC-01 rev./0. 13.06 Page 5 of 7 Estate of Dennis A. Burkholder, Deceased of the Account. None B. Has notice of the additional receipts and disbursements been given to the parties identified in Paragraph 9 above? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . o Yes ❑No 18. If a reserve is requested, state amount and purpose. Amount: $10,500.00 -Executor's Commission $3,475.61 -Balance of Attorney's fees $513.50-Filing fees and cost advanced not yet paid 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. 19. Is the Court being asked to direct the filing of a Schedule of Distribution? . . . . . . . . ❑ Yes ® No As to real estate only? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . o Yes o No 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) 0.00 B. Principal: Proposed Distributee(s) 0.00 Submitted By: (All petitioners must sign. Add additional lines if necessary): to� urkhol er Form OC-01 mv./0. 13.06 Page 6 of 7 Estate of Dennis A. Burkholder, Deceased Verification of Petitioner (Verification must be by at: least one petitioner.) The undersigned hereby verifies Troy M. Burkholder that he is the Executor of the Dennis A. Burkholder Estate that the facts set forth in the foregoing Petition for Adjudication/Statement of Proposed Distribution which are within the personal knowledge of the Petitioner are true,and as to facts based on the information of others, the Petitioner, after diligent inquiry, believes them to be true; and that any false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904(relating to unsworn falsification to authorities). Sign re of etitioner 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 Peti j r Foml OC-01 rev./0. 13.06 Page 7 of 7 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): February 11, 18 &25, 2013 COPY OF NOTICE OF PUBLICATION €STATE.NOTICE r jLetters Testamentary on the Estate of DENNIS A.BURKHOLDER,late of, ' South Middleton Township,Cumberland County,Pennsylvania,deceased, I have been granted to the undersigned. 1 v Affiant further deposes that lie/she is not interested in the subject matter of the All parsons knowing themdelvesse havin claims to said Estate will make ] payment immediately,and those having deima will present Them for ttlement to: aforesaid notice or advertisement, and that Ba Troy M.Burkholder.Executor all allegations in the foregoing statement as c/o MARTSON LAW OFFICES to time, lace and character of publication I 10 East High Street P P 1 Carlisle,PA 17013 are " u . !Seth T.Moeebey.Esquire +MARTSON LAW OFFICES Attorneys Sworn to and subscribed before me this 203 Notary Public My commission expires: NOTARIAL SEAL BAMBI ANN HECKENOORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNN igly Commission Expires Jan 27,2014 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: February 22, March 1 and March 8 2013 Af&ant 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. —7 Li a Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 8 day of March, 2013 / Notary Burkholder,Dennis A.,deed. I Late of South Middleton Town- i ship. Executor:Troy M,Burkholder c/o MartsOn Law Offices,10 East High i NOTARIAL SEAL Street, Carlisle,PA 17013. Attorneys: Seth T. Moseley, Es- DEBORAH A COLLINS quire,Martson Law Offices, t Notary public -- CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 - IN RE: IN THE COURT OF COMMON PLEAS OF ESTATE OF DENNIS A. BURKHOLDER, DECEASED CUMBERLAND COUNTY, PENNSYLVANIA LATE OF SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, ORPHANS' COURT DIVISION PENNSYLVANIA NO. 21-13-0086 NOTICE OF FILING FIRST AND FINAL ACCOUNT AND PETITION FOR ADJUDICATION/SCHEDULE OF PROPOSED DISTRIBUTION AND CALL FOR AUDIT OR CONFIRMATION NOTICE IS HEREBY GIVEN that Troy M. Burkholder, Executor of the Estate of Dennis A. Burkholder,deceased,has this date filed the First and Final Account and Petition for Adjudication/Schedule of Proposed Distribution in the above-captioned Estate in the Office of the Clerk of the Orphans' Court in and for Cumberland County,Pennsylvania,where the same is filed as public record and may be inspected. Copies of the Account and Petition are enclosed for your information. YOU ARE FURTHER NOTIFIED that any exceptions or objections to said Account or Petition must be filed in writing at the office of the Clerk of the Orphans'Court,Cumberland County Courthouse,Carlisle, PA 17013, aforesaid prior to the confirmation of said Account and Schedule of Proposed Distribution scheduled as set forth below. UNLESS written exceptions or objections are filed prior thereto,said Account will be presented by the Clerk of the Orphans'Court to the above-captioned Court in Court Room No. 1 (the courtroom is subject to change)of the Cumberland County Courthouse, Carlisle, Pennsylvania, at 9:30 a.m. prevailing time,on Tuesday,June 17,2014,at which time said Account will be confirmed and distribution ordered in accordance with the Petition for Adjudication/Schedule of Proposed Distribution. MARTSON LAW OFFICES By: J , Seth T. Mosebey, Esquire 10 East High Street Carlisle,PA 17013 (717) 243-3341 Attorney for Estate of Dennis A. Burkholder Date of Notice: May 16,2014 NOTICES TO: Mr. Troy M. Burkholder 190 Martel Circle Dillsburg,PA 17019 Ms. Jeanne Beat c/o Andrew A. Shaw, Esquire 200 S. Spring Garden Street, Suite 11 Carlisle, PA 17013 • FWILE$\Ciiem039]1&urkholdMEStam\179]1 Lawowtformai.wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA ORPHANS' COURT DIVISION FILE NO. 21-13-0086 FIRST AND FINAL ACCOUNT OF TROY M. BURKHOLDER, EXECUTOR OF THE ESTATE OF DENNIS A. BURKHOLDER, LATE OF SOUTH MIDDLETON TOWNSHIP CUMBERLAND COUNTY, PENNSYLVANIA Social Security Number: 200-36-9379 Tax ID Number: 46-6537109 Date of Death: January 10,2013 Date of Incapacity, if any None Date of Executor's Appointment: January 23,2013 Letters Advertised: Sentinel- February 11th, 18th & 25th,e-'6 t3 Cumberland Law Journal- February 22nd,March 1st& 8th l ?at3 Accounting for the period: January 10,2013 to April 18,2014 Purpose of the Account: Dennis A. Burkholder, Executor, offers this account to acquaint interested parties with the transactions that have occurred during the administration. It is important that the Account be carefully examined. Requests for additional information or questions or objections can be discussed with: Seth T.Mosebey,Esquire MARTSON LAW OFFICES 10 East High Street Carlisle,PA 17013 (717) 243-3341 Supreme Court No. 203046 CQ e sp "off .L'aa zJp �i 0 r w CJ > SUMMARY OF ACCOUNT Page Fiduciary No. Acquisition Value PRINCIPAL Receipts 99,752.62 Net Gains (Losses) on Disposition 0.00 99,752.62 Less Disbursements Debts of Decedent -40,840.15 Funeral Expenses -4,816.14 Administration Expenses -7,166.67 Family Exemption 0.00 Federal, State & Local Taxes -9,049.55 Fees and Commissions -24.830.11 Balance Before Distributions 13,050.00 Distributions to Beneficiaries -13,050.00 Principal Balance on Hand 0.00 INCOME Receipts 0.00 Income Balance on Hand 0.00 COMBINED BALANCE ON HAND $ 0.00 -2- PRINCIPAL RECEIPTS Assets Listed in Inventory (or Inheritance Tax Return) (Valued as of Date of Death) Real Estate Real Estate located at 203 West Pine Street, Mt. Holly Springs, PA 52,000.00 Personal Effects 2007 Rhino 450 4x4 2,150.00 Toy Hauler Camper 3,500.00 2011 Chevrolet Silverado 20,000.00 US Treasury, December SSA payment paid after date of death 1,433.60 Carolina Freight Federal Credit Union , # 79-012 1,804.47 PNC checking, 95004923817 744.05 PNC savings, #5112937342 643.84 Personal property & household goods 13,050.00 Colonial Penn Life, refund of premium 252.42 UGI, refund 3,748.52 Tax Proration 295.21 Humana, refund 42.30 HMA Physician Management, refund 25.00 PNC, overpayment of credit card balance due 35.00 Members I"FCU, close of account 28.21 TOTAL PRINCIPAL RECEIPTS 99,752.62 PRINCIPAL DISBURSEMENTS DEBTS OF DECEDENT Members I"Federal Credit Union#301913-03, Mortgage payoff 30,412.14 Colonial Penn Life Insurance 280.47 Members 1st,mortgage payment 400.00 SMTMA, account payable, sewer 8432 -3- PNC Credit Card#3315, account payable 8,132.09 Cumberland Valley Welding, account payable 530.61 Discover Credit Card, account payable 4.63 Quantum Imaging, account payable 46.09 Celtic Health Care, account payable 98.68 VNA Community Services, account payable 342.87 Advanced Disposal, account payable 81.75 Carlisle Family Care, account payable 5.00 Nephrology Association of Central Pa, Inc., account payable 25.00 2151 Century Insurance, account payable, vehicle insurance 149.30 Comcast, final bill 241.67 First Energy, account payable 5.53 TOTAL DEBTS OF DECEDENT 40,840.15 FUNERAL EXPENSES Hollinger Funeral Home, Mt. Holly Springs, PA, balance due 3,516.14 Troy M. Burkholder, reimbursement for funeral down payment 500.00 Troy M. Burkholder, reimbursement for funeral reception 800.00 TOTAL FUNERAL EXPENSES 4,816.14 ADMINISTRATION EXPENSES 02/08/13 First Energy, service pending sale of real estate 128.93 03/12/13 Allstate, insurance pending sale of real estate 157.30 03/27/13 Scott Carver, lawn care pending sale of real estate 600.00 03/28/13 First Energy, service pending sale of real estate 51.03 04/29/13 First Energy, service pending sale of real estate 81.47 05/02/13 Steve Cohick, lawn care pending sale of real estate 200.00 05/02/13 SMTMA, sewer service pending sale of real estate 92.75 05/31/13 Wolfe & Company Realtors, real commission 2,000.00 05/31/13 Exit Platinum Plus, real estate commission 2,000.00 05/31/13 Notary fee, real estate sale 5.00 -4- 05/31/13 1% Realty Transfer Tax 520.00 05/31/13 Mt. Holly Spring Authority, final water bil 52.30 05/31/13 Tax Certification 10.00 05/13/13 SMTMA, final sewer bill 62.22 08/20/13 Verizon, service pending sale of real estate 77.84 08/20/13 UGI, service pending sale of real estate 222.23 10/09/13 PNC Bank, cashier check fee 10.00 12/17/13 Martson Law Offices, disbursements Cumberland Law Journal, advertisement 75.00 The Sentinel, advertisement 200.16 Short Certificates 10.00 Diversified Appraisal Service, appraisal fee 337.50 622.66 02/01/14 21' Century Insurance, pending sale of vehicle 85.02 02/10/14 Credit Collection Services, Allstate insurance 79.21 02/14/14 UGI, balance due 28.71 03/19/14 Martson Law Offices, additional probate fee 75.00 03/31/14 PNC, photo copy check fee 5.00 TOTAL ADMINISTRATIVE EXPENSES 7,166.67 FEDERAL STATE & LOCAL TAXES 05/31/13 2013 County/Twp. Real Estate Taxes due 339.72 05/31/13 PA Department of Revenue, Inheritance Tax 3,238.18 10/09/13 PA Department of Revenue, balance of Inheritance Tax 5,217.60 10/15/13 US Treasury, 2012 1040 tax due 243.00 12/28/13 US Treasury, interest& penalty, 2012/1040 personal income tax 11.05 TOTAL FEDERAL, STATE & LOCAL TAXES 9,049.55 FEES AND COMMISSIONS 12/17/12 Martson Law Offices, partial attorneys' fees 4,377.34 03/19/14 Martson Law Offices, partial attorneys' fees 5,963.66 Reserved Troy M. Burkholder, Executor's Commission 10,500.00 Martson Law Offices, balance of attorneys' fees 3,475.61 -5- Martson Law Offices, filing fees and miscellaneous expenses Probate Fee 233.50 Account filing fee 180.00 Miscellaneous filing fees and expenses 100.00 513.50 TOTAL FEES , COMMISSION & RESERVE 24,834.66 TOTAL PRINCIPAL DISBURSEMENTS: 86,707.17 PRINCIPAL DISTRIBUTIONS TO BENEFICIARIES TO: Troy M. Burkholder, in satisfaction of gift under Item 3, a of Will 1957 Plymouth vehicle 1,500.00 John Deere Tractor A 800.00 John Deere Tractor B 600.00 Kubota Tractor 7,000.00 Jon boat and trailer 250.00 Enclosed utility trailer 300.00 John Deere lawn mower 600.00 Miscellaneous property 1,000.00 12,050.00 TO: Jeanne Beat, in satisfaction of gift under Item 3, b of Will Miscellaneous personal property 1,000.00 TOTAL PRINCIPAL DISTRIBUTIONS TO BENEFICIARIES 13,050.00 PRINCIPAL BALANCE ON HAND Value at Fiduciary 3131114 Acquisition Value Estate Checking Account PNC Bank 14,519.11 14,519.11 TOTAL PRINCIPAL BALANCE ON HAND 14,519.11 14,519.11 PRINCIPAL INVESTMENTS MADE None 0.00 CHANGES IN PRINCIPAL HOLDINGS None 0.00 -6- RECEIPTS OF INCOME None 0.00 DISBURSEMENTS OF INCOME None 0.00 DISTRIBUTIONS OF INCOME TO BENEFICIARIES None 0.00 Troy . Burkholder, Executor of the Will of Dennis A. Burkholder, Deceased VERIFICATION Troy M. Burkholder, Executor of the Will of Dennis A. Burkholder, deceased, hereby declares under oath that he has fully and faithfully discharged the duties of his office; that the foregoing First and Final Account is true and correct and fully discloses all significant transactions occurring during the accounting period; that all known claims against the Estate have been paid in full;that,to his knowledge,there are no claims outstanding against the Estate;that all taxes presently due from the Estate have been paid;and that the grant of Letters Testamentary and the first complete advertisement thereof occurred more than four months before the filing of the foregoing First and Final Account. This statement is made subject to penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. fro . Burkholder, Executor Estate of Dennis A. Burkholder Dated: �l1 d/19 -8- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA ORPHANS' COURT DIVISION FILE NO. 21-13-0086 FIRST AND FINAL ACCOUNT OF TROY M. BURKHOLDER, ADMINISTRATOR/EXECUTOR OF THE ESTATE OF DENNIS A. BURKHOLDER, LATE OF SOUTH MIDDLETON TOWNSHIP CUMBERLAND COUNTY, PENNSYLVANIA SCHEDULE OF PROPOSED DISTRIBUTION Troy M. Burkholder, Executor of the Last Will and Testament of Dennis A. Burkholder, deceased,states that after payment ofDecedent debts and liabilities,administrative expenses,funeral expenses and partial specific bequests, insufficient funds exist to pay the remainder of the specific bequests. ro . Bur cholder, Executor Sworn and sub ri $d to before me this day of x� %cam Notary Public ODMMONWEg1,TH OF PFNNSYLVAt4IA NOTARIAL SEAL Victoria L Otto,Notary public Carlisle Boro,Cumberlmd County M commission ex irw DecemberZO,2014 -9- F:1F1LMCr m%139'119.,W hA13971.1.wU.30i1 ORIGINAL RETAINED SY: MARPS0N DF.ARDORFF WMUAMS 07`I'o&uROY,&FALLER MARTSON LAW OMCES ply LAST WILL AND TESTAMENT 1�SLEE,A 170133 (717)243-3341 I,DENNIS A.BURKHOLDER,of Mt. Holly Springs,Cumberland County,Pennsylvania, being of sound and disposing mind and memory,do hereby make,publish and declare this to be my Last Will and Testament, hereby revoking any and all fonner Wills or Codicils made by me. 1. I direct that all my legally enforceable debts, funeral expenses, testamentary expenses and all death taxes(whether such taxes may be payable by my estate or by any recipient of any property) shall be paid from my residuary estate as soon as practicable after my decease and as part of the administration of my estate. My Executor shall have no duty or obligation to obtain reimbursement for any such tax so paid,even though on proceeds of insurance or other property not passing under this Will. 2. 1 give such items of personalty as are itemized in a certain list attached hereto(if any)to the persons named thereon, which list is signed and dated by me at the end thereof. 3. I make the fallowing specific bequests: a. Unto my son,TROY M. BURKHOLDER, the following items: (1) any and all guns that I may own at the time of my death; (2) any interest that I may have in Woodhouse, LLC; and (3) such of my personality as he shall choose. b. Unto my friend, JEANNE BEAT, the following items: (1) my Chevrolet Silverado Pickup Truck; (2) my Toy Hauler Enclosed Trailer; (3) my ATV Rhino; and (4) the sum of Fifty Thousand Dollars(5+50,000.00). 4. 1 give, devise and bequeath all the rest, residue and remainder of my estate, both real and personal property, unto my son, TROY M. BURKHOLDER, absolutely. [Initials] Page I of 3 5. I nominate, constitute and appoint my son, TROY M. BURKHOLDER, as Executor of my estate. In the event my said son shall be unable or unwilling to serve in such capacity,then I appoint my brother, RONALD E. BURKHOLDER, to act in such capacity. 6. I direct that all fiduciaries acting under this Will,whether or not named herein, shall not be required to give bond for the faithful performance of their duties in any jurisdiction. 7. I authorize and empower my Executor,or his successor,in their sole and absolute discretion, to purchase or otherwise acquire and retain any investments of which I die seized or any real or personal property of any nature; to sell, lease, pledge, mortgage, transfer, exchange, dispose of or grant options in regard to any or all property of any kind forming a part of my estate for such terms and such prices as they may deem advisable;to borrow money for any purposes connected with the protection and preservation of my estate;to mortgage or pledge any real or personal property forming a part of my estate or to join in or secure the partition of same; to compromise any claims or demands of my estate against others or of others against my estate;to make distribution in kind and to cause any share to be composed of cash, property or undivided fractional shares in property different in kind from any other share; to employ agents, attorneys and proxies and to delegate to them such power as my Executor, or his successor, considers desirable and to pay reasonable compensation for such services as may be rendered by such agents, attorneys and proxies; and to execute and deliver such instruments as may be necessary to carry out any of these powers. In addition, I direct that my Executor, or his successor, shall have the power to conduct an inventory of any safe deposit box necessary to the administration of my estate. _ nIN WITNESS WHEREOF I have hereunto set my hand and seal this �s�day of _ /� Lx 2011. 111 p� (SEAL) Dennis A. Burkholder SIGNED,SEALED,PUBLISHED AND DECLARED by the above-named Testator,as and for his Last Will and Testament, in the presence of us, who at his request, have hereunto subscribed our names as witnesses thereto, in the presence of the said Testator and of each other. Page 2 of 3 COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) We, Dennis A. Burkholder, Seth T. Mosebey and Nom,, the Testator and the witnesses,respectively,whose names are signed o he foregoing instrument,being first duly sworn,do hereby declare to the undersigned authority that the Testator signed and executed the instrument as her last Will and that the Testator has signed willingly, and that the Testator executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as a witness and that to the best of his/her knowledge the Testator was at that time eighteen years of age or older,of sound mind and under no constraint or undue influence. 'Waflov"el Dennis A. Burkholder, Testator Witness dA Wi e Subscribed, sworn to and acknowledged before me by Dennis A. Burkholder,Testator, and subscribed and s orn to before me by tzrcF % /wor{_(�.e.�../ and the witnesses, this /S`�d 5', 2011. L�G- C' d Notary Public cona�tol4avF,ntTe of rEau4sSrtvArltA NOTARIAL SEAL Victoria L.Ckto,Notary Public Carlisle Boro,Cumberland County M commission ex ices December 20,2014 Page 3 of 3