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Home My WebLink About02-0545PETITION FOR PROBATE & GRANT OF LETTERS Estate of CHLOE A. ROWE No. 21-02- y~ also known as To: Register of Wills for the deceased. County of Cumberland Social Security No. 195-28-2464 Commonwealth of Pennsylvania The Petition of the undersigned respectfully represents that: Your Petitioners, who are 18 years of age or older and the Co-Executors named in the Last Will of the above decedent dated November 7 2001, and codicils dated none 19_ The Executor named none died Renunciations for none attached hereto. Decedent was domiciled at death in Cumberland County, Pennsylvania, with her last family or principal residence at 21 North Hiah Street Newville Borouoh Decedent, then 65 years of age, died Mav 12 2002, 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 Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $45.000.00 (If not domiciled in PA) Personal property in PA $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania, situated as follows: $ WHEREFORE, Petitioners respectfully requests the herewith and the grant of letters testamentary thereon. Signature(s) and Residence(s) of Petitioner(s): ,~, ~ Donald G Flagle 295 Fairview Street Carlisle~pA 17013 717-243-8455 probate of the Last Will and Codicil(s) presented ,i ~.,, ~~ y 1A 6r Darlene G. Kessler 21 North Hioh Street Newville. PA 17241 717-776-7596 OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss 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 belief of Petitioner(s) and that as personal representative of the above decedent, petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed ~~~~~ ~~~.~C before me this ~ day of Donald G. Flaole Ju 2002. ,` ~~ ~te~ ~' Y C IS Register L, r,, Darlene G. Kessler ~ ~' ~D~' No. 21-02- ~N~ Estate of CHLOE A. ROWS ,deceased. DECREE OF PROBATE & GRANT OF LETTERS AND NOW, June 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 November 7 2001 described therein be admitted to probate and filed of record as the Last Will of Chloe A Rowe ~ and Letters Testamentary are hereby granted to Donald G Flagle and Darlene G Kessler FEES Probate, Letters, Etc...... .. $ 80.00 Short Certificates(-3- ) .. .. $ 9.00 Renunciation(s) ......... .. $ JCP .................. .. $ 5.00 Other Will Pages (-2-) .. .. $6.00 TOTAL: .. .. $ 100.00 Filed....6-~-~? ........ .......... called atty 6-7-2002 i ,J= ~~ ~. yister of Wills IR IN McKNIGHT & HUGHES ~ 3 .~r~ Roq_er B. Irwin, Esg f0 621 ATTOF N~E~/ (Sup. Ct. I.D. No.) 60 West Pomfret St Carlisle PA 17013 ADDRESS 717-249-2353 PHONE ^ `_ '',a' c norm Trion pure given is corrcaly copied from an original ceroficare of death duly filed with me as l o ~.I R~_gi nnu I he nl ~Ir al celnllr<ve will be forwarded to the Srnrc Vital Records Office for permanent tiling. bVARIVING: It is illegal to duplicate this copy by photostat or photograph. !-c~~ fur -hiti cei ritieae. $7..00 L_$~19448 ~~ p. NIES. A] Rm. ve) 'PINT nENt I~N.LYE :INK ~1 21 North High Street Newville,pennsylvanial~ a. F~~ Local Registrar~~~~~~~ _ MAY 1 32(10 gaze COMMONWEALTH OF PENNSYLVANIA • DEPAgTMENT OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH South ene 0, K, ^ R.mnLY+.msw.O )Female ~,. 195. 28 _ 2464 /~ EV(INRnECET,CMnN (1 VIwLECf CEnHIChp 1 Cumerlan~" yD 1g5RW: ~~1-''NL+NI~N1u.LmaArfeN O)NER ,. K LIMA ^ ERK`WLInA IJ 00\ ^ ~ MK LIUtr'x.YEM nA ruu. YAyl oE ihippens~urg ~ea"~'~li Care "" CE0EN10FX~°""K° _._ .. RL .~n_ l n.. w.. 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REGISTRM'SSIGNAVRE AIO NVME(!1 ~ •••••••••.•••.••..••.••.••..• ~. May 12, 2002 Rubrc• ^ `T~ 3eLLM EIM ~4urNLnlpLn.YNE, Nt N. White ,e. sVRVIVINO SVONSF m,L..wmvln.n.l ip°~Ama Newville n NnnY rine qL Hotter e.n,EYN.E cven tree~,Newville,Pennsylvania r ~ NDr~T`i~~~°e`~on TwpL ns „°Cumberland County,F hers: Sou r anover re r`arlisl pen c ~ ~ T OAESgNE rv a9 2c,¢/L. ~ EN.ANI AL ^ K^ c tg3o:-L MO_ ue~s~i~ggUera MD Penna.1~201 t3 a~a est \wi_1e.01\rowe,. ca'\11/2/01 LAST WILL AND TESTAMENT OF CHLOE A. ROWE I, Chloe A. Rowe, of Newville, Cumberland County, Pennsylvania, being of sound and disposing mind, memory, and understanding, do hereby declare this as and for my last will and testament hereby revoking all wills and codicils previously made by me. FIRST I give my bedroom suite, television set, VCR, stereo and all albums, CD's and cassettes to Darlene G. Kessler and Donald G. Flagle. SECOND I give my car to my son, Alan Hockenberry, and any debt represented by a lien on the car shall be paid from my estate so that my son shall obtain clear title. THIRD I give the rest, residue and remainder of my estate as follows a. One share each to my brother and sister, Donald G. Flagle, and Darlene G. Kessler, or the survivor of them. b. One share each to my brother and sister, Donald G. Flagle, and Darlene G. Kessler, In Trust, to hold, manage and distribute the same as follows: All net income shall be paid to or applied for the benefit of my son, Alan Hockenberry, in at least semi-annual installments, together with such amount of principal as Trustee shall deem necessary or desirable, in their absolute discretion, it being my intention that the funds remaining at the end of a ten year period from my death will be fully distributed to him if living, otherwise to the King Street United Brethren Church, Chambersburg, Pennsylvania, to be used by it for its general purposes. FOURTH I call to the attention of my Executors that I have a Property and Separation Agreement dated March 15, 1984, between my former husband, Paul R. Rowe, concerning disposition of the property at 252 Mt. Union Road, Fayetteville, Pennsylvania, in Greene Township, Franklin County, Pennsylvania, as to which upon my death my estate shall become entitled to one-half of the fair market value of the property. FIFTH I give the following powers to my personal representative and Trustees, as the case may be, to be exercised in addition to any other powers given herein, in their absolute discretion, exercisable without consent of any beneficiary or approval by Court and effective until actual distribution of property: A. To settle any claim or controversy. B. To execute any deed release or other document required to consummate the sale of or lease the residence property in which I have an interest on Mt. Union Road, as aforesaid, and to enforce any rights under the agreement with my former husband, Paul Rowe. C. A surviving Trustee may exercise the Trustee powers individually. Either Trustee may appoint in writing and file with the Clerk of Courts of Franklin County an appointment of a successor Trustee for him or her. I authorize my Trustees to invest in either an open-end or close-end mutual fund and suggest to them that they invest in what is basically an income type of investment. SIXTH Lastly, I appoint my brother and sister, Donald G. Flagle, and Darlene G. Kessler, as Co-Executors in this will. In the event that both of them should fail to qualify or cease to act as such, I authorize and direct the Register of Wills of Franklin County, Pennsylvania, to select an appropriate local bank as administrator, not wishing that my son should become Executor. I make like provisions for my appointment of any Trustee, should my brother and sister fail to qualify or cease to act as such without having appointed a successor Trustee. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my last will and testament, this °, day of _ -;,-~ , .~ 2001. CHLOE A. ROWE Signed, sealed, published and declared by the above named Chloe A. Rowe, testatrix, as and for her last will and testament in the presence of us, who at her request, in her sight and presence, and in the sight and prese a of each other have hereunto subscribed our names as witnesses. ~ ,-f~ ~~`? r r 7' ~~ , l- ~ _ (witnesses have signer! a[ the office of Sharpe, Gabler & Sharpe) ~,~ 11_ !`J I COMMONWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN SS We, Chloe A. Rowe, the testatrix and the witnesses respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn and qualified according to law, do hereby declare to the undersigned authority that we were present and saw the testatrix sign and execute the instrument as her will, and that she had signed willingly (or willingly directed another to sign for herl, and that she executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the testatrix, signed the will as witness and that to the best of their knowledge the testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence; and I, the said testatrix, do hereby acknowledge that I signed and executed the instrument as my last will, that I signed it willingly, and that I signed it as my free and voluntary act for the purposes therein expressed. ~-~~~-~ Q -_ ~ ~~.:L Acknowledged, sworq and subscribed ~t~1o1 b~~efore me this ' *~ day of Iti~~t_h~-~ 02 01 ~`~~~~J~ Notary Public NC+fARy~i, SEAL ~`~ $ ~.4KLE, Notary Public Bono o[ p'•'"rrQ. F4~ankiin Co. M7Canm~'adan Sxpixw C 2. 2604 Name of Decedent: CHLOE A. ROWE Date of Death: Mav 12.2002 Estate No.: 21-02-0545 To the Register: I certify that notice of the beneficial interest required by Rule 5.6(a) of the Orphan's Court Rules was served on or mailed to the following beneficiaries of the above-captioned estate on _ Aueust 5 2002 . Name Address Notice has now been given to all persons entitled thereto under Rule 5.6(a) except none . Date: 08/05/02 `'"~ ~ ~' U Signature IRWIN, McK~IGH & HUGHES Name RogerB Irwin Esaeire Address 60 West Pomfret Street Carlisle PA 17013 Telephone (717) 249_~Z53 Capacity: Personal Representative X Counsel for Personal Representative COMMONWEALTH OF PENN6VLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TgXES DEPT. 280601 HARRISBURG, PA 1)128-0601 RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT REV-1162 EX111-96) N0. CD 001503 IRWIN ROGER B ESQ 60 W POMFRET ST CARLISLE, PA 17013 __-___ mm ACN ASSESSMENT AMOUNT CONTROL NUMBER TOTAL AMOUNT PAID: 54,000.00 REMARKS: ROGER B IRWIN ESQUIRE CHECK#18803 INITIALS: CW SEAL RECEIVED BY: MARY C. LEWIS REGISTER OF WILLS REGISTER OF WILLS COMMONWEALTH OF PENNSYLVANIA ~ COUNTY OF CUMBERLAND ) u0 Donald G. Flagle and Darlene_G. Kessler being duly _ sworn __ _ according fo law, deposes and says that they are the Co-Executors ---- --------------.__ of the Estate of _ Chloe A. Rowe late of _--.the Borough. of Newville - - - ------_, Cumberland Coun+y, Pa., deceased and Chet the within is an inventory made by -Donald, G. Flagle & Darlene G. Kessler _ of the entire estate of said decedent, consisting of all the personal proparty and real estatesexeepforeal a to+e outside the Commonwealth of Pennsylvania, and that the figures opposite each item of the Inventory represent it's fair value as of the date of decedent's dea}h. Sworn d subscribed before me, thi~llth d of F ru y, 2003. ~_ ~r , . / v Notarial Seal JacqutPme L Drawbaugh, No[ary I'ob m Carlisle 6uro, Qimhedand County My Commission Expires Aug. 14, 2Cw3 h7enif;r~~,Fr; 7s;;va^"pssec;ationnt~ cures Da}e of Dea+h _____ 12 Dey / J Donald G. Flagle, Co-~ecu r -- 295 Fairview Street Carlisle, PA 17013 7 Darlene G. Kessler, C Executor - 21 North High Street Newville, PA 17241 OS Month 2002 Year INSTRUCTIONS I. An inventory must be filed within three months of}er appointment of personal representative. 2. A supplement inventory must be filed within thirty days of discovery of additional assets. 3. Additional sheets may be a+}ached as to personalty or realty 4. See Article IV, Fiduciaries Ac+ of 1949. - u, d O N O I N O Z til , -~ ~ p l m ~ ~ Z W f- w a O ~ ~ w Q F ~ W J L i w 3 O a y z w O ~ d u W D ~ T Z LL O J Z N 2' a Q ~ Z < O Qi ~~ x ~~ 7 ~ ~ ~ A, d ~ O ~ v w ~ I c o ~ ~ m E v y q J ~ L) 0 O ° LL m w cx7 x 0 ~ ~ F o ~ Q H ^./ r-, z a N oa Inventory of the real and personal estate of CHLOE A. ROWE deceased 1. 2000 Pontiac Grand Prix. 2. Chevrolet Camaro (ownership in dispute) - SUSPEND VALUE. . 3. One-half value of real property at 252 Mt. Union Road, Fayetteville, in accordance with Marriage Settlement Agreement . 4. Miscellaneous Personal Property. . TOTAL . 10,800 00 0 00 58, 125 ~ 00 69,425 ~ 00 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU of wDiwouAL TAxes DEPT. 280601 HARRISBURG, PA 1')128-0601 RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT N0. CD 002152 IRWIN MCKNIGHT & HUGHES 60 WEST POMFRET STREET CARLISLE, PA 17013 ------- ,end ESTATE INFORMATION: ssrv: is5-2s-zasa FILE NUMBER: 2102-0545 DECEDENT NAME: ROWE CHLOE A DATE OF PAYMENT: 02/11/2003 POSTMARK DATE: 00/00/0000 couNTV: CUMBERLAND DATE OF DEATH: 05/12/2002 ACN ASSESSMENT AMOUNT CONTROL NUMBER 101 ~ 51,523.15 REV-1162 EX(11-96I TOTAL AMOUNT PAID: REMARKS: IRWIN MCKNIGHT & HUGHES CHECK#19373 INITIALS: SK SEAL RECEIVED BY: 51,523.15 DONNA M. OTTO DEPUTY REGISTER OF WILLS REGISTER OF WILLS /7 -!of-Ie:? , RE.V-1500 EX . (6-00) CAPB HpRL EplO CRAC KOTK ES REV-1500 INHERITANCE TAX RETURN RESIDENT DECEDENT FILE NUMBER v OFFICIAL USE ONLY 21-02-0545 o E C E o E N T COMMONWEALTH OF PENNSYLVANIA OEPARTMENT OF REVENUE DEPT. 280601 HARRISBURG, PA 17128-0601 DECEDENT'S NAME (LAST, FIRST, AND MIDDLE INITIAL) Rowe Chloe A. DATE OF DEATH (hAM-DO-YEAR) COUNTY CODE YEAR SOCIAL SECURITY NUMBER 195-28-2464 THIS RETURN MUST BE ALEC IN DUPUCATE WITH THE Ro er B. Irwin Es . FIRM NAME (If Applicable) NUMBER DATE OF BIRTH (MM-DD-YEAR) REGISTER OF WILLS SOCIAL SECURITY NUMBER IRWIN McKNIGHT & HUGHES TELEPHONE NUMBER R E C A P I T U L A T I o N 49-2353 1. Real Estate (Schedule A) 2. Stocks and Bonds (Schedule B) 3. Closely Held Corporation, Partnership or Sole-Proprietorship 4. Mortgages & Notes Receivable (Schedule D) S. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) 6. Jointly Owned Property (Schedule F) D Separate Billing Requested 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (7) (Schedule G or L) 8. Total Gross Assets (total Lines 1-7) 9. Funeral Expenses & Administrative Costs (Schedule H) (9) 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) (10) 11. Total Deductions (total Lines 9 & 10) 12. Net Value of Estate (Line 8 minus Line 11) 13. Charitable and Governmental Bequests/See 9113 Trusts for which an election to tax has not been made (Schedule J) 14. Net Value Sub.ect to Tax (Line 12 minus Line 13) 05/12/2002 01/14/1937 IF APPLICABLE SURVIVING SPOUSE'S NAME LAST, FIRST, AND MIDDLE INITIAL X 1. Original Return 4, limited Estate X 6. Decedent Died Testate (Attach copy of Will) D 9. Litigation Proceeds Received 2. Supplemental Return 4a, Future Interest Compromise (date of death after 12-12-82) 7. Decedent Maintained a Living Trust (Attach copy of Trust) 010. o 3. date of death , Remainder Return prior to 12-13-82) 5. Federal Estate Tax Return Required 8. Total Number of Safe Deposit Boxes 11. Election to tax under Sec. 9113(A) (Attach Sch 0) C P o 0 R N R 0 E E S N T C o M P T U A T X A T I o N 60 West Pomfret Street West Pomfret Professional Bldg. Carlisle, PA 17013 (1) (2) (3) None None None OFFICIAL USE ONLY (8) 82,718.88 (11) 14.580.51 (12) 68,138.37 (13) (14) 68,138.37 (15) (16) (17) (18) (19) 0.00 1,465.75 4,267.93 0.00 5,733.68 (4) (5) None 69,425.00 (6) 13,293.88 None 13,386.90 1,193.61 SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116(aX1.2) 16. Amount of Line 14 taxable at lineal rate 17. Amount of Line 14 taxable at sibling rate 18. Amount of Line 14 taxable at collateral rate 19. Tax Due 20. 0.00 32,572.25 35,566.13 0.00 x X X X .0 0 .0 45 .12 .15 Copyright (c) 2000 form software only The Lackner Group, Inc. Form REV-1500 EX (Rev. 6-00) Decedent's Complete Address: STREET ADDRESS 21 North High Street CITY I STATE I ZIP Newville PA 17241 Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) 2. Credits/Payments A. Spousal Poverty Credit B. Prior Payments C. Discount (1) 5,733.68 4,000.00 210.53 Total Credits ( A + B + C) (2) 4,210.53 3. Interest/Penalty if applicable D. Interest E. Penalty Total Interest/Penalty ( D + E) (3) 4. 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) 5. Ii 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. (SA) B. Enter the total of Line 5 + 5A This is the BALANCE DUE. (5B) Make Check. Payable 10: REGISTER OF WILLS, AGENT """':~'EffiEANSWERTHE'FottowiNGQUESTioNS.~Y~[~ciNGAN "X" '~~'$~:gll'~~~~~~~';~$~'~[~2~:~II"'" 1. 0.00 0.00 1,523.15 0.00 1,523.15 Did decedent make a transfer and: a. retain the use or income of the property transferred; b. retain the right to designate who shall use the property transferred or its income; . c. retain a reversiona.ry interest; or . d. receive the promise for life of either payments, benefits or care? . 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? . . 3. Did decedent own an "in trust far" or payable upon death bank account or security at his or her death? 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. Yes No ~~ o o o []] []] []] Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my Kl'\Owledge and belief, it is true, correct and complete. Declaration of preparer other than the personal representative is based on all information of which preparer has any knowledge. SIGNATURE OF PERSON RESPONSIBLE FOR FlUNG RETURN Donald G. Flagle 295 Fairview Street - - -Carli;i,,-,- - PA - - i 7'613- - - - - - - - - - - - - - - - - - - - - - - - - -- IRWIN McKNIGHT & HUGHES 60 West Pomfret Street - - -Carl-i;i,,-,--PA -- i i6i3---- - ---- ------- ---- - - - ---- DATE SIGNATURE OF PREPARER OTHER THAN REPRESEN ~(/{Iu J DATE 1../"/0 j For dates of death 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 P.S. 9116 (a) (1.1)!il). 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. 9116 (a) (1.1) (ii)]. The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements tor disclosure of assets and fUing a tax return are still applicable even i1' the surviving spouse is the only beneiiciary. For dates of death on or after July 1, 2000: The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the LIse of a natural parent, an adoptive parent, or a stepparent of the child is 0% [72 P.S. 9116 (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. 9116(1.2) [72 P.S. 9116(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. 9116(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. Copyright (c) 2000 form softwilre only The Lilckner Group, Inc. Form REV-1500 EX (Rev. 6-00) ADDITIONAL Personal Representatives Estate of Chloe A. Rowe SS# 195-28-2464 05/12/2002 ************************************************** Under penalties of perjury, the undersigned declare that they have examined this return, including accompanying schedules and statements, and to the best of their knowledge and belief, it is true, correct and complete. Signature ,a; /Vlb .rI !j e A1 -1 fl /; Darlene G. Kessler 21 North High St. ./ Name Address Line 1 Address Line 2 City, State, Zip Date Newville, PA 17241 "'-hlo) REV-1S08 EX +(1-97) COMMONWEALTH OF PENNSYLVANIA INHERITANCETAX RETURN RESIDENT DECEDENT SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY ESTATE OF FILE NUMBER Chloe A. Rowe SS# 195-28-2464 05/12/2002 21-02-0545 Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointly-owned with the right of survivorship must be disclosed on Schedule F. ITEM NUMBER 1 2000 Pontiac Grand Prix DESCRIPTION VALUE AT DATE OF DEATH 10,800.00 2 Chevrolet Camaro (ownership in dispute) - SUSPEND VALUE 0.00 3 Miscellaneous personal property 500.00 4 One-half value of real property at 252 Mt. Union Road Fayetteville, in accordance with Marr. Settle. Agmt. 58,125.00 TOTAL (Also enter on line 5, Recapitulation) S 69,425.00 (If more space is needed, insert additional sheets of the same size) Copyrfght(c) 1996 form software only CPSystems, Inc. Form AEV-1508 EX (Rev. 1-97) REV.'1509 EX +(1-97) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Chloe A. Rowe SCHEDULE F JOINTL V-OWNED PROPERTY SS# 195-28-2464 05/12/2002 FILE NUMBER 21-02-0545 If an asset was made joint wjthin one year of the decedent's date of death, it must be reported on Schedule G. SURVIVING JOINT TENANT(S) NAME A. Darlene G. Kessler ADDRESS 21 N. High Street Newville, PA 17241 RELATIONSHIP TO DECEDENT sister B. c. JOINTLY -OWNED PROPERTY, LETTER DATE DESCRIPTION OF PROPERTY %OF DATE OF DEATH ITEM FOR JOINT MADE Include name of financial institution and bank: DATE OF DEATH DECO'S VALUE OF account number or similar identifying number. NUMBER TENANT JOINT Attach deed for Jointly~ held real estate. VALUE OF ASSET INTEREST DECEDENT'S INTEREST 1 A 06/29/85 Patriot Federal Credit 5.00 50.00% 2.50 Union, primary share - account #1025090-00 2 A 06/29/85 Patriot Federal Credit 4,784.39 50.00% 2,392.20 iunion, share draft - account #1025090-25 3 A 01/27/00 Patriot Federal Credit 21,798.36 50.00% 10,899.18 Union, money markert - account #1025090-20 TOTAL (Also enter on line 6, Recapitulation) S 13,293.88 (If more space is needed insert additional sheets of the same size) Copyright (cl 1996 form software only CPSystems, Inc. Form REV-1509 EX (Rev. 1-97) REV~'1511 EX +(1-97) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS ESTATE OF Chloe A. Rowe Debts of decedent must be reported on Schedule I. ITEM NUMBER A. B. 2. 3. 4. SSfj 195-28-2464 FILE NUMBER 21-02-0545 05/12/2002 DESCRIPTION AMOUNT 1 FUNERAL EXPENSES, Ewing Brothers Funeral Home 6,189.00 ADMINISTRATIVE COSTS, 1. Personal Representative's Commissions Name of Personal Representative(s) Donald G. Flagle / Darlene G. Kessler Social Security Number(s) I EIN Number of Personal Representative(s) Street Address 295 Fairview Street / 21 N. High Street City Carlisle / Newville State PA Zip 17013 /17241 2,900.00 Year(s} Commission Paid: 2003 Attorney's Fees IRWIN McKNIGHT & HUGHES 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 3,700.00 5. Accountant's Fees Probate Fees Register of Wills 100.00 6. Tax Return Preparer's Fees 7. 1 Other Administrative Costs Cumberland Law Journal - estate notice publication 75.00 2 Horn & Company, appraisal fee 300.00 3 Register of Wills filing fee 25.00 4 Register of Wills additional probate fee 35.00 5 The Valley Times-Star - estate notice publication 62.90 TOTAL (Also enter on line 9, Recapitulation) $ 13,386.90 (If more space is needed, insert additional sheets of the same size) Copyright (c) 1996 form software only CPSystems, Inc. Form REV-1511 EX (Rev. 1-97) REV-1S1Z EX + (1-97) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Chloe A. Rowe SCHEDULE I DEBTS OF DECEDENT, MORTGAGE LIABILITIES, AND LIENS 551! 195-28-2464 05/12/2002 FILE NUMBER 21-02-0545 Include unreimbursed medical expenses. ITEM NUMBER 1 Chambersburg Hospital DESCRIPTION AMOUNT 473.22 2 Chamberburg Hospital 41. 52 3 CV Nephrology Assoc. 55.39 4 Pharmcare Pharmacies 25.55 5 Premed Services Inc. 109.95 6 5hippensburg Health Center 478.70 7 Verizon Wireless 9.28 TOTAL (Also enter on line 10, Recapitulation) $ 1,193.61 (If more space is needed, insert additional sheets of the same size) Copyright (e) 1996 form software only CPSystems, Inc. Form REV-1512 EX (Rev. 1-97) REV~1513 EX +(9-00) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF SCHEDULE J BENEFICIARIES Chloe A. Rowe SSIf 195-28-2464 05/12/2002 FILE NUMBER 211-02-0545 RELATIONSHIP TO DECEDENT AMOUNT OR SHARE Do Nollist Trustee(s) OF ESTATE NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY I. TAXABLE DISTRIBUTIONS [include outright spousal distributions, and transfers under Sec. 9116(aXl.2)] 1 Donald G. Flagle 295 Fairview Street Carlisle, PA 17013 Brother pers. prop. & 1/4 remainder 2 Alan D. Hockenberry IN TRUST c/o Donald Hockenberry 18315 Dry Run West Spring Run, PA 17262 Son car & 1/2 remainder 3 Darlene G. Kessler 21 North High Street Newville, PA 17241 Sister pers. prop. & 1/4 remainder ENTER DOLLAR AMTS. FOR DISTRIBUTIONS SHOWN ABOVE ON LN. 15 THRU 18. AS APPROPRIATE, ON REV 1500 COVER SHEET II. NON-TAXABLE DISTRIBUTIONS, A. SPOUSAL DISTRIBUTIONS UNDER SEC. 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OF PART 11- 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) Copyright(c) 2000 form software only The Lackner Group, Inc. 0.00 Form REV-1513 EX (Rev. 9-00) esc\~ills.Ol\rowe.Cpl\11/2/Ql lAST WIll AND TESTAMENT OF CHLOE A. ROWE I, Chloe A. Rowe, of Newville, Cumberland County, Pennsylvania, being of sound and disposing mind, memory, and understanding, do hereby declare this as and for my last will and testament hereby revoking all wills and codicils previously made by me. FIRST I give my bedroom suite, television set, VCR, stereo and all albums, CD's and cassettes to Darlene G. Kessler and Donald G. Flagle. SECOND I give my car to my son, Alan Hockenberry, and any debt represented by a lien on the car shall be paid from my estate so that my son shall obtain clear title. THIRD I give the rest, residue and remainder of my estate as follows: a. One share each to my brother and sister, Donald G. Flagle, and Darlene G. Kessler, or the survivor of them. b. One share each to my brother and sister, Donald G. Flagle, and Darlene G. Kessler, In Trust, to hold, manage and distribute the same as follows: All net income shall be paid to or applied for the benefit of my son, Alan Hockenberry, in at least semi-annual installments, together with such amount of principal as Trustee shall deem necessary or desirable, in their absolute discretion, it being my intention that the funds remaining at the end of a ten year period from my death will be fully distributed to him if living, otherwise to the King Street United Brethren Church, Chambersburg, Pennsylvania, to be used by it for its general purposes. FOURTH I call to the attention of my Executors that I have a Property and Separation Agreement dated March 15, 1984, between my former husband, Paul R. Rowe, concerning disposition of the property at 252 Mt. Union Road, Fayetteville, Pennsylvania, in Greene Township, Franklin County, Pennsylvania, as to which upon my death my estate shail become entitled to one-half of the fair market value of the property. FIFTH I give the following powers to my personal representative and Trustees, as the case may be, to be exercised in addition to any other powers given herein, in their absolute discretion, exercisable without consent of any beneficiary or approval by Court and effective until actual distribution of property: A. To settle any claim or controversy. B. To execute any deed release or other document required to consummate the sale of or lease the residence property in which I have an interest on Mt. Union Road, as aforesaid, and to enforce any rights under the agreement with my former husband, Paul Rowe. C. A surviving Trustee may exercise the Trustee powers individually. Either Trustee may appoint in writing and file with the Clerk of Courts of Franklin County an appointment of a successor Trustee for him or her. I authorize my Trustees to invest in either an open-end or close-end mutual fund and suggest to them that they invest in what is basically an income type of investment. SIXTH Lastly,1 appoint my brother and sister, Donald G. Flagle, and Darlene G. Kessler, as Co-Executors in this will. In the event that both of them should fail to qualify or cease to act as such, I authorize and direct the Register of Wills of Franklin County, Pennsylvania, to select an appropriate local bank as administrator, not wishing that my son should become Executor. I make like provisions for my appointment of any Trustee, should my brother and sister fail to qualify or cease to act as such without having appointed 'a successor Trustee. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my last will and testament, this W day of --,.) I~ ," , 2001 . C.k0 '," 0., CHLOE A'. RClWE ~'. 7<,"",oI1SEAL) Signed, sealed, published and declared by the above named Chloe A. Rowe, testatrix, as and for her last will and testament in the presence of us, who at her request, in her sight and presence, and in the sight and prese~ of each other have he,~eunto subscribed our names as witnesses. ,,/'1;/'/-','/}' ,1 , -) f .,'. .. , i {''- ;' f~ \}, I (/,.: ::"~l... -I /. / ,l . _" J i ( 1 f 'V'..,,' 1:..-.---- , ! I ~ 1.-'7..,/, : l{~<< ;"'-... I,' I 'j' - ,I /' i I U (witnesses have signed at the office of Sha!pe, Gabler & Sharpe) If COMMONWEALTH OF PENNSYLVANIA 5S COUNTY OF FRANKLIN We, Chloe A. Rowe, the testatrix and the witnesses respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn and qualified according to law, do hereby declare to the undersigned authority that we were present and saw the testatrix sign and execute the instrument as her will, and that she had signed willingly lor willingly directed another to sign for her), and that she executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the testatrix, signed the will as witness and that to the best of their knowledge the testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence; and I, the said testatrix, do hereby acknowledge that I signed and executed the instrument as my last will, that I signed it willingly, and that I signed it as my free and voluntary act for the purposes therein expressed. C~~..5L~ /J /.. I! /t.;( r..... /1 .'/ :' / /., '/1/, :'./ ( Ii kif I U ^'~'"", (:t k:. ('___'-f...~l." ..~_..... -'1 , /, ! it' t t,""v~ ~w .' 1/ Acknowledged, swo!A and subscribed to before me this -/ ' day of \ i.. j".. '2001 ! \/ ~ \j 'Ii/'\;o 1.'.' . ~..' 1 I "',..., I\ ~ ..., 'f " I'~' . I." ),i".i,: . ('- .C)../;:...+ ./.... .......~. Notary Public NOl'ARlAL SEAL UNDA H. EAKLE, Notary Public Bore of Cbamh<>rabuxlj', Franklin Co. M,. c,-",;......,. Expins Odober 2, 2004 =="""""""'1 June 6, 2002 \rp}~(?~UW~ITi\ \~~~ L;&'~ ~ ~ JUN 07 2002 , 0'1\1 & H' '1')..1[( IPWI,~', i\:\rKNILJfl IUi.JHLJ \,", H .it)" -j\~ Mr. Roger B. Irwin Irwin, McKnight & Hughes W. Pomfret Professional Building 60 W. Pomfret St. Carlisle, PA 17013-3222 RE: Chloe A. Rowe, Deceased Account #1025090 Dear Mr. Irwin: 1 am writing in response to your request for information on the above referenced account. Prime Share (00) Chloe A. Rowe 6/29/85 Est. 11/13/78 Darlene G. Kessler Share Draft (25) Chloe A. Rowe 6/29/85 Est. 10/19/83 Darlene G. Kessler Money Market (20) Chloe A. Rowe 1/27/00 Est. 10/15/99 Darlene G. Kessler ~_______________ _______ .________L ______ ______..__ $5.00 Interest for Calendar Year to Date of Death $9.37 Account 1025090 Ownership Joint Ownership Established Date of Death Balance + Interest $4,784.39 N/A $21,798.36 $116.41 --------- If you have any questions with regard to the above balances, or need additional information, please feel free to contact me at 263-4444, extension 4256. Sincerely, {/ .,) ;., j i 1 (i.. \...lJ Il) ll:.:..::e! {). ic/ Carla M. Heckman Administrati ve Secretary 800 Wayne AverlLle, Challlbcrsburg, PA. (717) 263-4444 .I\i[ai!illg Addre~s: P.O. Bo.x 778. Chamhr:rsburg, PA 17:201-n;7~ `~^~a - /O~J COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAXES DEPARTMENT OF REVENUE INHERITANCE TAX OIVIS ION DEPT. 280601 • HARRISBURG, PA 17128-a 6o1 NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX REV -154> IX qFP (01 -0 ]) DATE 04-07-2003 ESTATE OF ROWE CHLOE A DATE OF DEATH 05-12-2002 FILE NUMBER 21 02-0545 ROGER B IRWIN ESQ COUNTY CUMBERLAND IRWIN ETAL ACN 101 60 W POMFRET ST Amount Remitted CARLISLE PA 17013. MAKE CHECK PAYABLE AND REMIT PAYMENT T0: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 CU7 ALONG THIS LINE ! RETAIN LOWER PORTION FOR YOUR RECORDS ~ REV-1547 EX AFP (01-03) NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX ESTATE OF ROWE CHLOE A FILE N0. 21 02-0545 ACN 101 DATE 04-07-2003 TAX RETURN WAS: ( ) ACCEPTED AS FILED ( X) CHANGED SEE ATTACHED NOTICE RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Real Estate (Schedule A) 2. Stoe ks and Bonds (Schedule B) (1)- ,00 NOTE: Ta insure proper 3. Closely Held Stock/Partnership Interest (Schedule C) (2) .00 cre tlit to your account, 4. Mortgages/Notes Receivable (Schedule D) (3) .00 submit the upper portion 5. Cash/Bank Deposits/Misc. Personal Property (Schedule E) (5)_ 6 taxth3s form with your 6. Jointly Owned Property (Schedule F) Payment. 7. Transfers (Schedule G) (6) 13.293 88 8. Total Assets (7)~~0~ (B) 82,718.88 APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Adm. Costs/Misc. Expenses (Sehetlule H) (9) 13,386.90 10. Debts/Mortgage Liabi lftias/Liens (Schedule I) 11. Total Deductions C10) 1 • 1 g-~ 3 61 12• Nat Value at Tax Return C11) 14.FA0 ~1 13. Charitable/Governmental Bepuasts; Non-elected 9113 Trusts (Schedule J) (13) 68,138:00 14. Net Value of Estate Subject to Tax ua) 68,138.37 NOTE: If an assesseent was issued previously, lines 14, 15 and/or 16, 17, 18 and 19 will reflect figures that Include the total of ALL returns assessed to date. ASSESSMENT OF TAX: 15. Amount of Line 14 at Spousal rate us) .00 x 00 = .00 16. Amount of Lina 14 taxable ak Linaal/Class A rate 17. Amount of Line 14 at Sibling rata I16) 32,572.25 X 045 = 1,465.75 18. Amount of Line 14 taxable at Collateral/Class B rate (18) 35,566:083 X i5 = 4,267.93 19. Principal Tax Dua - .00 TAX CREnITS• c19)= 5,733.68 AI - V~T7 E-N~ oB-09-2002 CD001503 02-11-2003 CD002152 * IF PAID AFTER DATE INDICATED, SEE REVERSE FOR CALCULATION OF ADDITIONAL INTEREST. Pp ID (_) AMOUNT PAID 210.53 4,000.00 .00 1,523.15 TOTAL TAX CREDIT BALANCE OF TAX DUE INTEREST AND PEN. TOTAL DUE 5,733.68 .00 .00 .00 ( IF TOTAL DUE IS LESS THAN 81, NO PAYMENT IS REpUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), VOU MAV BE OUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.) REV-t C)p EX R-88) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 Chloe A. Rowe John Kuchinski SCHEDULE I INO. INHERITANCE TAX EXPLANATION OF CHANGES EXPLANATION OF CHANGES 2102-0545 101 E 2 The value of this item has been suspended from the appraisement of the return until the final value can be determined. A supplemental return must be filed when the value of the suspended item is determined. ROW Page 1 ESTATE OF CHLOE A. ROWE, DECEASED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION NO. 21 - 02 - 0545 IN RE: PETITION BY CO-EXECUTORS FOR DECLARATORY JUDGMENT RELIMINARYDECREE AND NOW, this ~ f - ~ J~ 2003, upon consideration of the Petition by the Co-Executors of the Estate of Chloe A. Rowe, Deceased for Declaratory Judgment, it is hereby ORDERED and DECREED that a heazing thereon shall be held on ~.3 _, 2003, ~ j~ ., in Courtroom No. ,~, of the Cumberland ounty Courthouse, Carlisle, Pennsylvania, to consider the requests of Petitioners to determine the correct interpretation of the Property and Sepazation Agreement dated Mazch 15, 1984, betwee~ Decedent and Paul R. Rowe, for a determination of the inclusion of assets in the estate, thJJJJJJe proper determination of death tax liability, the payments of monies to fund and administer Decedent's estate, and for such other relief as maybe necessary or appropriate. It is further ORDERED that Petitioners shall notify all parties in interest of this scheduled heazing and shall serve upon such parties copies of said Petition and this Order. -.. _ By the Court, v i •J . ~ ~ ~ 5 o .~ = '.J L ~ ESTATE OF CHLOE A. ROWE, : IN THE COURT OF COMMON PLEAS OF DECEASED :CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION NO. 21- 02 - 0545 IN RE: PETITION BY CO-EXECUTORS FOR DECLARATORY JUDGMENT n FINJA/yL~ DECREE AND NOW, this of -~~~' 2003, upon consideration of the Petition for Declaratory Judgment and after hearing held on , 2003, it is hereby ORDERED and DECREED that the antique Camero titled jointly in the name of Decedent and J~`-` Paul R. Rowe is~ an item of personal property located in the home as that phrase is used in the ~y~ l Property and Separation Agreement. , . 1t is further ORDERED that the agreement of the parties as to the value of the real property referenced in the Property and Separation Agreement is $116,250.00, and that in furtherance of that Agreement, Paul R. Rowe is directed to pay Decedent's estate the sum of $58,125.00 within thirty (30) days of this Order. -~~iet;} =''1 _'.-L,. 2 r~AY 3 0 ESTATE OF CHLOE A. ROWE, DECEASED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION NO. 21 - 02 - 0545 PETITION BY CO-EXECUTORS FOR DECLARATORY JUDGMENT The petition of DONALD G. FLAGLE and DARLENE G. KESSLER, Co-Executors and beneficiaries of the Estate of Chloe A. Rowe, Deceased, by and through their attorneys, Irwin McKnight & Hughes, respectfully represents: This Petition is filed under Sections 3182 and 3183 of the Probate, Estates and Fiduciaries Code. This Court has exclusive jurisdiction under Sections 711(1) and 711(12) of the Probate, Estates and Fiduciazies Code. 2. Chloe A. Rowe ("Decedent") died on May 12, 2002, a resident of Newville, Cumberland County, Pennsylvania, leaving a Last Will and Testament dated November 7, 2001 ("Will"). A true and correct copy of the Will is attached hereto and incorporated herein as Exhibit "A." 3. Letters testamentary were granted to the Decedent's brother and sister, Petitioners Donald G. Flagle and Darlene G. Kessler, on June 7, 2002, by the Register of Wills of 2003~G Cumberland County, Pennsylvania, in accordance with Paragraph Sixth of Decedent's Will. A true and correct copy of the Certificate of Grant of Letters is attached hereto and incorporated herein as Exhibit "B." 4. Petitioner Donald G. Flagle is an adult individual residing at 295 Fairview Street, Carlisle, Cumberland County, Pennsylvania, and is a party in interest in the Estate of Decedent, being both Co-Executor and beneficiary under Decedent's Will. 5. Petitioner Darlene G. Kessler is an adult individual residing at 21 North High Street, Newville, Cumberland County, Pennsylvania, and is a party in interest in the Estate of Decedent, being both Co-Executor and beneficiary under Decedent's Will. 6. Petitioners are also the Co-Trustees of a testamentary trust established in the Will naming Decedent's son, Alan D. Hockenberry, born September 6, 1957, as the income and potential residual beneficiary of the trust. 7. Respondent Paul R. Rowe, is an adult individual residing at 252 Mt. Union Road, Fayetteville, Franklin County, Pennsylvania 17222. 8. Decedent and Respondent were married on February 14, 1963 in Hagerstown, Maryland, and were divorced by Decree dated September 16, 1985, and filed in the Court of Common Pleas of Franklin County at Docket F.R. 1985 - 438. 2 9. On or about March 15, 1984, Decedent and Respondent entered into a Property and Sepazation Agreement ("Agreement"). A true and correct copy of the Agreement is attached hereto and incorporated herein as Exhibit "C." 10. The Agreement attached as Exhibit "C," in pertinent part directs in Paragraph 2(a) that: All the furniture, furnishings, household goods and appliances, fixtures and appurtenances, books and works of art, and other items of personal property presently located in the home formerly occupied by the parties and now occupied by Husband shall constitute the sole and exclusive property of Husband, as to which property Wife hereby transfers all her right, title and interest therein to Husband. 11. At the time of the Agreement, the property occupied by the parties is the same property currently occupied by Respondent. 12. The pazagraph cited above does not specifically mention any vehicles or automobiles owned by the parties. 13. The remainder of the Agreement does not otherwise mention or address the disposition of any vehicles or automobiles owned by the parties. 3 14. Upon information and belief, concurrent with the divorce of Decedent and Respondent in 1985, they assigned vehicle titles to each other for the vehicles that they were using. 15. Upon information and belief, at the time of the execution of the Agreement Decedent and Respondent were also joint owners of a classic Camero. 16. Upon information and belief, the Camero was not regulazly used by the Respondent and Decedent's name was still on the title to said vehicle at the time of her passing. 17. Upon information and belief, Respondent is still in possession of the vehicle. 18. Despite repeated requests by Petitioners, however, Respondent has failed and refused to provide any additional information regazding the vehicle, including but not limited to its year of manufacture, mileage, condition and approximate value. 19. It is the position of Petitioners that the antique Camero is not an item of "personal property presently located in the home formerly occupied by the parties" (emphasis added). 20. This Court may grant relief under 42 Pa. C.S.A. § 7531, et seq., to determine any questions arising in the administration of the estate, including questions as to the construction and interpretation of Decedent's Property and Separation Agreement. 4 21. The Agreement attached as Exhibit "C" also specifies in Paragraph 3 how the real property used as the marital residence is to be disposed. 22. In particular, Paragraph 3(d) states that upon the death of Decedent, she shall become entitled to one-half (1 /2) of the fair market value of the property. 23. Both Petitioners and Respondent have had real estate appraisals of the property. 24. The parties have further agreed to accept a value in between the appraisals, which amount is $116,250.00. 25. To date, however, Respondent has not paid Decedent's estate one-half of the agreed upon value of the real estate, presumably because of the parties' dispute over the antique Camaro. 26. Decedent's one-half interest in the real estate represents the lazgest single asset in her estate and the failure to resolve the above cited issues has prevented Petitioners from finalizing the estate and from funding the testamentary trust established in her Will. 27. The uncertainties raised herein must be resolved by this Honorable Court through the declaratory judgment process before the Co-Executors can file a reliable account or final 5 inheritance tax return, and for the parties to otherwise complete the proper administration of the estate. WHEREFORE, Petitioners respectfully request that this Court issue a declaratory judgment that: (1) the antique Camero is not an item of personal property located in Respondent's home as that phrase is used in the Property and Separation Agreement; (2) Respondent required to provide the information necessary to include one-half of the value of said automobile in Decedent's estate; (3) the value of the real estate is $116,250.00 as agreed by the parties; and (4) Respondent is required to pay to Decedent's estate one-half the value of the real estate and automobile within thirty (30) days, together with interest, costs, attorney fees, and such other and further relief as this Court deems necessary and just. Respectfully Submitted, IRWIN, McKNIGHT & HUGHES Dated: May ~, 2003 By: U , Roger B. •win, Esquire Supreme Court ID No. 06282 Douglas G. Miller, Esquire Supreme Court ID No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717)249-2353 Attorneys for Petitioners 6 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made aze subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. DONALD G. FLAGLE, O-EXECUTOR OF THE ESTATE OF CHLOE A. ROWS Date: May 29 , 2003 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. t ~ D RLENE G. %ESSL R, CO-EXECUTOR OF THE ESTATE OF CHLOE A. ROWE Date: May 29 2003 est\wiLs. Gl\rowe. ca.\11/2,/01 LAST WILL ANO TESTAMENT OF CHLOE A. ROWE ~l - U~ -`~ `/S' I, Chloe A. Rowe, of Newville, Cumberland County, Pennsylvania, being of sound and disposing mind, memory, and understanding, do hereby declare this as and for my last will and testament hereby revoking all wills and codicils previously made by me. FIRST I give my bedroom suite, television set, VCR, stereo and all albums, CD's and cassettes to Darlene G. Kessler and Donald G. Flagle. SECOND I give my car to my son, Alan Hockenberry, and any debt represented by a lien on the car shall be paid from my estate so that my son shall obtain clear title. THIRD I give the rest, residue and remainder of my estate as follows: a. One share each to my brother and sister, Donald G. Flagle, and Darlene G. Kessler, or the survivor of them. b. One share each to my brother and sister, Donald G. Flagle, and Darlene G Kessler, In Trust, to hold, manage and distribute the same as follows: All net income shall be paid to or applied for the benefit of my son, Alan Hockenberry, in at least semi-annual installments, together with such amount of principal as Trustee shall deem necessary or desirable, in their absolute discretion, it being my intention that the funds remaining at the end of a ten year period from my death will be fully distributed to him if living, otherwise to the King Street United Brethren Church, Chambersburg, Pennsylvania, to be used by it for its general purposes. FOURTH I call to the attention of my Executors that I have a Property and Separation Agreement dated March 15, 1984, between my former husband, Paul R. Rowe, concerning disposition of the property at 252 Mt. Union Road, Fayetteville, Pennsylvania, in Greene Township, Franklin County, Pennsylvania, as to which upon my death my estate shall become entitled to one-halt of the fair market value of the property. FIFTH I give the following powers to my personal representative and Trustees, as the case may be, to be exercised in addition to any other powers given herein, in their absolute discretion, exercisable without consent of any beneficiary or approval by Court and effective until actual distribution of property: A. To settle any claim or controversy. B. To execute any deed release or other document required to consummate the sale of or lease the residence property in which I have an interest on Mt. Union Road, as aforesaid, and to enforce any rights under the agreement with my former husband, Paul Rowe. C. A surviving Trustee may exercise the Trustee powers individually. Either Trustee may appoint in writing and file with the Clerk of Courts of Franklin County an appointment of a successor Trustee far him or her. I authorize my Trustees to invest in either an open-end or close-end mutual fund and suggest to them that they invest in what is basically an income type of investment. SIXTH Lastly, I appoint my brother and sister, Donald G. Flagle, and Darlene G. Kessler, as Co-Executors in this will. In the event that both of them should fail to qualify or cease to act as such, I authorize and direct the Register of Wills of Franklin County, Pennsylvania, to select an appropriate local bank as administrator, not wishing that my son should become Executor. I make like provisions for my appointment of any Trustee should my brother and sister fail to qualify or cease to act as such without having appointed a successor Trustee. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my last will and testament, this '"; day of ~~~~ l,:, -•- , 2001 . CHLOE A. ROWE Signed, sealed, published and declared by the above named Chloe A. Rowe, testatrix, as and for her last will and testament in the presence of us, who at her request, in her sight and presence, and in the sight and presenge of each other have hereunto subscribed our names as witnesses. ~ j'~ ~ ~' ~ f.~ , ,v - ~~.; (witnesses have signetl at [he oflice of Sharpe, Gahler & Sharpe) COMMONWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN SS We, Chloe A. Rowe, the testatrix and the witnesses respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn and qualified according to law, do hereby declare to the undersigned authority that we were present and saw the testatrix sign and execute the instrument as her will, and that she had signed willingly (or willingly directed another to sign for her), and that she executed it as her tree and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the testatrix, signed the will as witness and that to the best of their knowledge the testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence; and I, the said testatrix, do hereby acknowledge that I signed and executed the instrument as my last will, that I signed it willingly, and that I signed it as my free and voluntary act for the purposes therein expressed. ai r ( ,_ Acknowledged, sworn and subscribed to before me this '7 ~? day of A ~; ;,` ~~,~ i,b ~ r , 2001 ' ~~ `i Notary Public ~ NCrf'ARIAL 3FAY, I,IIVDA H. EAKLE, Notary Public Bono o[ Clamberabury, Franklin Co. ~7 Caoomiad~ E~^d Oetobar 2, 2004 Register of Wills of CUMBERLAND County, Pennsylvania Certificate of Grant of Letters No. 2002-00545 PA No. 21-02-0545 ESTATE OF ROWE CHLOE A Late of NEWVILLE BOROUGH Deceased Social Security No. 195-28-2464 WHEREAS, on the 7th day of June 2002 an instrument dated November 7th 2001 was admitted to probate as the last will of ROWS CHLOE A ( , late of NEWVILLE BOROUGH CUMBERLAND County, who died on the 12th day of May 2002 and, WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, MARY C. LEWIS Register of Wills in and for the County of CUMBERLAND in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARY to FLAGLE DONALD G and KESSLER DARLENE G who have duly qualified as Executor(rix) and have agreed to administer the estate according to law, all of which fully appears of record in my Office at CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my Office the 7th day of June 2002. ,~ ~ ~, / egis er o i s **NOTE** ALL NAMES ABOVE APPEAR (LAST, FIRST, MIDDLE) JMS:llm 2/1/84 PROPERTY AND SEPARATION AGREEMENT .r 1,-~ THLS AGREEMENT made and entered into this ~_'day of i (u(~y' , 1984, by and between Paul R. Rowe, residing at 252 Mt. Union Road, Fayetteville, Pennsylvania, 17222, hereinafter referred to as Husband, and Chloe A. Rowe, presently residing at 312 East King Street, Chambersburg, Pennsylvania, 17201, hereinafter referred to as Wife, WITNESSETH: WHEREAS, the parties hereto are husband and wife, they having been married on or about February 14, 1963 in Hagerstown, Maryland, and WHEREAS, the parties hereto have no children born to this marriage, and WHEREAS, the parties hereto have ceased to cohabit together as husband and wife, and WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this agreement and the legal consequences which may and will ensue from the execution hereof, and WHEREAS, Wife acknowledges that she is thoroughly conversant with and accurately knows the size, degree, and extent of the estate and income of Husband, and Husband acknowledges that he is thoroughly conversant with and knows accurately the size, degree, and extent of the estate and income of Wife, and WHEREAS, the parties hereto wish finally and for all time to settle and determine their respective property and other rights growing out of their marital relation, wish to live separate and apart and, wish to enter into this property and separation agreement. NOW, THEREFORE, in consideration of the promises and mutual undertakings herein contained, intending to be legally bound hereby, the parties do mutually agree as follows: 1. SEPARATION: The parties may and shall continue to live apart for the rest of their lives. Each shall be free from interference, direct or indirect, by the other as fully as though unmarried. Each may for his or her separate benefit, engage in any employment, business or profession he or she may choose. 2. PERSONAL PROPERTY: The parties make the following disposition and settlement with respect to their personal property: a. All the furniture, furnishings, household goods and appliances, fixtures and appurtenances, books and works of art, and other items of personal property presently located in the home formerly occupied by the parties and now occupied by the Husband shall constitute the sole and exclusive property of Husband, as to which property Wife hereby transfers all her right, title and interest therein to Husband. b. All personal property removed by Wife from the said home heretofore shall constitute the sole and exclusive property of Wife, as to which property Husband hereby trannfers all his right, title and interest therein to Wife. c. Each of the parties hereby waives any right or claim to, and transfers unto the other, any interest that either may have in the other's retirement plans, pension plans, Social Security benefits, savings accounts, checking accounts, choses in action, unemployment benefits, Workmen's Compensation benefits, causes of action, or any other item which constitutes marital property but which is now or hereafter in the name or title of the Husband or Wife, individually, unless otherwise set forth. d. Except as otherwise herein provided, each of the parties shall hereafter own, have and enjoy, independently of any claim or right of the other party, all items of real and personal property, tangible and intangible, now or hereafter belonging to him or her and now or hereafter in his or her possession, with full power to him or her to dispose of the same as fully and effectually, in all respects and for all purposes, as though he or she were unmarried. As to all such property, each party transfers all his or her right, title and interest therein to the other, respectively. 3. REAL PROPERTY: The parties are the owners as tenants by the entireties of a residence property, ("Property") the mailing address of which is 252 Mt. Union Road, Fayetteville, Pennsylvania, 17222, in Greene Township, which was purchased from Harvey Bowers and on which there is a mortgage in favor of the NIechanies Building and Loan Association, now First Federal Savings and Loan Association of Hanover in the original amount of $17,600.00 dated August 9, 1967. a. Henceforth the parties shall cease to o~vn the property with eny right of survivorship, that is, as tenants by the entireties, and shall own the same as equal co-tenants in common without survivorship. b. Husband may occupy the property rent-free so long as he performs his promises set forth herein and so long as any of the following conditions do not occur. c. Husband promises: to assume full payment of the monthly mortgage installments of principal and interest as and when each becomes due; to maintain the property in good order and repair, to pay all taxes and assessments as and when due, to keep in force a homeowner's policy insuring the property to an amount equal, from time to time, to at least 80% of the replacement value; and to indemnify and save harmless Wife from any and all damage or expense arising out of Husband's non-performance of this agreement. d. Upon the occurrence of any of the following conditions, or upon non-performance of the promises in the preceding subparagraph, Wife shall become entitled to one-half (1/2) of the fair market value of the property: death of Husband or Wife, Husband's ceasing to reside at the property; sale of the property, the remarriage of Husband or Husband's living at the property with any other person, male, female, relative or non- relative. e. If the parties cannot otherwise reach agreement over the disposition of or payment for Wife's interest in the real estate, after Wife becomes entitled to her interest under subparagraph d above, Wife shall have the right to pursue the remedy of partition or the remedy of Court appointment of a Trustee or Receiver to sell the property at public sale. Husband will interpose no defense to any petition or complaint filed other than a denial of any alleged non-performance or occurrence of condition of this agreement. All costs of any legal (or equitable) proceeding shall be shared one-half by each party, unless a Court should find that either party has not acted in good faith in asserting or denying the cause of action, in which ease such party shall pay all costs out of his or her share of the proceeds from sale of the property. Husband agrees that the property cannot be equally divided without spoiling the whole and in the event Wife pursues an action to partition the property, waives the appointment of any viewers to decide such issue. 4. ALIMONY, SUPPORT AND MAINTENANCE: Each of the parties hereby waives any right of support from the other and in the event of a divorce proceeding being commenced or a divorce being granted, hereby waives any right or claim to alimony pendente lite, counsel fees, expenses, or alimony after the divorce. 5. COIINSEL FEES: This agreement has been prepared by counsel for Wife at a cost of $150.00. Husband will pay Wife one-half thereof at the time of the signing of this agreement. 6. INCOME TA%: The parties agree that they shall not henceforth assert a position with respect to the preparation and filing of future Federal income tax returns, either singly or jointly with another, inconsistent with the undertakings herein contained, and each will be liable to the other for damages, including legal fees and Court costs, occasioned by the breach of this covenant. The parties will file a joint federal income tax return for 1983 and will share the anticipated income one half each. MUTUAL ESTATE WAIVER: It is the intention o the parties hereto that from and after the date of this agreement, neither shall have any spouse's rights in the property or estate of the other, and to that end, both waive, relinquish and forebear their rights of dower or curtesy, rights to inherit, rights to claim or take a Husband or Wife's or family exemption or allowance, to be vested with letters of administration or testamentary, and to take agairsst any will of the other, and each agrees with the other that if either should die, his or her property, as set forth herein, shall descend to and vest in his or her heirs at law, testate or intestate, excluding the other, as if the decedent had died a widow or widower. The parties further agree that they may and can hereafter, as though unmarried, without any joinder, by him or her, sell, convey, transfer, and/or encumber any and all real estate and personal property which either of them now or hereafter owns or possesses and further agree that the recording of this agreement shall be conclusive evidence to all of his or her right to do so. And the said Husband and Wife do hereby irrevocably grant, each to the other, should the exercise of this power hereby given become necessary, the right and power to appoint one or more times any person or persons, whom Husband or Wife shall designate, to be the attorney in fact for the other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases, quitclaims or satisfactions, under seal or otherwise, to enable either party hereto to alienate his or her real or personal property, but without any power to impose personal liability for breach of warranty or otherwise. Each of the parties hereto further waive any right of. election contained in Chapter 22 of the Pennsylvania Probate, Estates and Fiduciaries Code. 8. RELEASE OF CLAIMS: Except as otherwise herein expressly provided, the parties shall and do hereby mutually remise, release and forever discharge each other from any and all actions, suits, debts, claims, demands and obligations j whatsoever, both in law and in equity, which either of them ever had, now has against the other upon or by reason of any matter, cause or thing up to the date of the execution of this agreement. 9. OF FURTHER either party commits himse or herse to commence a divorce action. If either party should commence a divorce action, it shall be pursuant to Section 201(c) of the Pennsylvania Divorce Code (mutual consent divorce on the grounds that the marriage is irretrievably broken). In such event both parties shall file, within 90 to 100 days after the filing of the complaint in divorce, the required affidavits evidencing that each of them consents to the divorce. Whomever commences the divorce as plaintiff shall pay the costs thereof. Each of the parties agrees that this agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have for equitable distribution or division under Section 401 of the Pennsylvania Divorce Code. 10. PERFORMANCE: Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and assurances that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this agreement. ll. DEFAULT: If either party fails in the due performance of his or her obligations hereunder, the other party shall have the right, at his or her election, to sue for damages for a breach of this agreement, or to rescind the same and seek such legal remedies as may be available to him or her. Nothing herein contained shall be construed to restrict or impair either party's right to exercise this election. 12. MODIFICATION AND WAIVER: No modi ication or waiver o any of the terms hereof shall be valid unless in writing and signed by both the parties. No waiver of any breach hereof or default hereunder shall be dee m ed a waiver of any subsequent breach or default of the same or similar nature. 13. APPLICABLE LAW: This agreement shall be governed by the laws of the Commonwealth of Pennsylvania. 14. WHOLE AGREEMENT: This agreement constitutes the entire understanding of the parties. It supersedes any and all prior agreements between them. There are no representations or warranties other than those expressly herein set forth. This agreement shall survive integration by any Court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. 15. CAPTIONS: The captions of this agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this agreement, nor in any way effect this agreement. AND FURTHER, the parties hereto covenant and agree that this agreement shall extend to and be binding upon their heirs, devisees, executors, administrators and assigns, of both and each of the parties hereto. AND the parties hereto state that she or he, in the procurement and execution of this agreement, has not been subjected to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. IN WITNESS WHEREOF, the parties have set their hands and seals to two counterparts of this agreement, each of which shall constitute en original, this day of , 1984. WITNESS: -= ~- r _~ ~ fir/ ;j~~~c:- ° (SEAL) haul R. Rowe y~ _.r ys Chloe A. Rowe STATE OP PENNSYLVANIA COUNTY OF FRANKLIN On this, the ~ day of ('(~Q1@ , 1984, before me, a Notary Public, the undersigned officer, personally appeared Paul R. Rowe, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~y Publics My commission expire ~ I maintain m ! office inJ Vd~ _-T ~~crn u~la nr~ °t~tusN ~! ' ~V11~yC:1~ STATE OF PENNSYLVANIA COIINTY OF FRANKLIN On this, the day of , 1984, before me, a Notary Public, the undersigned officer, personally appeared Chloe A. Rowe, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNE33 WHEREOF, I hereunto set my hand and official seal. Notary Public My commission expires I maintain my office i! ESTATE OF ROBERT W. FAILOR a/k/a ROBERT W. FAILOR, SR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION NO. 21-O1-0013 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below both via facsimile and by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Thomas M. Painter, Esquire Ullman and Painter 10 East Main Street Waynesboro,PA 17268-1688 Attomey for Respondent Date: May 29, 2003 IRWIN, McKNIGHT & HUGHES Douglas Miller, Es uire Supreme Court ID No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Petitioners Law Offices Ullman and Painter 10 East Main Street Waynesboro. Pennsylvania 17268 - 16 88 Millard A. Ullman (1912-19Ba1 Thomas M. Painter John McDowell Sharpe, Jr 257 Lincoln Way East Chambersburg, PP. 17201 ,Esquire April 10, 1996 Re: Rowe vs. Rowe Dear John: Telephone (7171 76 2-1167 Fax: (7171 762-0567 represented PaultRtoRowe. As a resulBof nag tiasion~here was at Property and Separation Agreement executed by our respective clients dated March 15, 1984. Under Paragraph 2, the items of personal property then in the possession of our respective clients became their property absolutely with the understanding that the other spouse if need be would execute any documents to waive any claim. The parties assigned vehicle titles to each other, unfortunately, at the time that was done Mr. Rowe forgot that he had a Camero which he didn't drive and was stored in the garage at the residence. The purpose behind IVIr. Rowe contacting me at the present time, apparently, on several occasions he has requested your clieht to meet him either at the Triple A in Chambersburg or before a Notary Public for the purpose of signing off on the Camero. Your client agreed upon his payment to her of one-half of the value which is contrary to the provisions of the Agreement. i suggested to Mr. Rowe rather than institute appropriate iegai wife to comply, I suggested it would be advisable that I contact you turn advise Chloe Rowe that she is obligated to sign off on the car title. Please advise. Ycur very truly , Thomas M. Painter action to force his ex- and request that you in TMP/ksc JMS:llm 2/1/84 PETITIONER'S EXHIBIT a ~ a3 03- PROPERTY AND SEPARATION AGREEMENT THIS AGREEMENT made and entered into this ~`f-, 1984, by and between Paul R. Rowe, residing at 252 Mt UnionyRoad,~~Fayetteville, Pennsylvania, 17222, hereinafter referred to as Husband, and Chloe A. Rowe, presently residing at 312 East King Street, Chambersburg, Pennsylvania, 17201, hereinafter referred to as Wife, WLTNESSETH: WHEREAS, the parties hereto are husband and wife, they having been married on or about February 14, 1963 in Hagerstown, Maryland, and WHEREAS, the parties hereto have no children born to this marriage, and WHEREAS, the parties hereto have ceased to cohabit together as husband and wife, and WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this agreement and the legal consequences which may and will ensue from the execution hereof, and WHEREAS, Wife acknowledges that she is thoroughly conversant with and accurately knows the size, degree, and extent of the estate and income of Husband, and Husband acknowledges that he is thoroughly conversant with and knows accurately the size, degree, and extent of the estate and income of Wife, and WHEREAS, the parties hereto wish finally and for all time to settle and determine their respective property and other rights growing out of their marital relation, wish to live separate and apart and, wish to enter into this property and separation agreement. NOW, THEREFORE, in consideration of the promises and mutual undertakings herein contained, intending to be legally bound hereby, the parties do mutually agree as follows: 1. SEPARATION: The parties may and shall continue to live apart for the rest of their lives. Each shall be free from interference, direct or indirect, by the other as fully as though unmarried. Each may for his or her separate benefit, engage in any employment, business or profession he or she may choose. 2. PERSONAL PROPERTY: The parties make the following disposition and settlement with respect to their personal property: a. All the furniture, furnishings, household goods and appliances, fixtures and appurtenances, books and works of art, and other items of personal property presently located in the home formerly occupied by the parties and now occupied by the Husband shall constitute the sole and exclusive property of Husband, as to which property Wife hereby transfers all her right, title and interest therein to Husband. b. All personal property removed by Wife from the said home heretofore shall constitute the sole and exclusive property of Wife, as to which property Husband hereby trannfers all his right, title and interest therein to Wife. c. Each of the parties hereby waives any right or claim to, and transfers unto the other, any interest that either may have in the other's retirement plans, pension plans, Social Security benefits, savings accounts, checking accounts, choses in action, unemployment benefits, Workmen's Compensation benefits, causes of action, or any other item which constitutes marital property but which is now or hereafter in the name or title of the Husband or Wife, individually, unless otherwise set forth. d. Except as otherwise herein provided, each of the parties shall hereafter own, have and enjoy, independently of any claim or right of the other party, all items of real and personal property, tangible and intangible, now or hereafter belonging to him or her and now or hereafter in his or her possession, with full power to him or her to dispose of the same as fully and effectually, in all respects and for all purposes, as though he or she were unmarried. As to all such property, each party transfers all his or her right, title and interest therein to the other, respectively. 3. REAL PROPERTY: The parties are the owners as tenants by the entireties of a residence property, ("Property") the mailing address of which is 252 Mt. Union Road, Fayetteville, Pennsylvania, 17222, in Greene Township, which was purchased from Harvey Bowers and on which there is a mortgage in favor of the Mechanics Building and Loan Association, now First Federal Savings and Loan Association of Hanover in the original amount of $17,600.00 dated August 9, 1967. e. Henceforth the parties shall cease to own the property with any right of survivorship, that is, as tenants by the entireties, and shall own the same as equal co-tenants in common without survivorship. b. Husband may occupy the property rent-free so long as he performs his promises set forth herein and so long as any of the following conditions do not occur. c. Husband promises: to assume full payment of the monthly mortgage installments of principal and interest as and when each becomes due; to maintain the property in good order and repair, to pay all taxes and assessments as and when due, to keep in force a homeowner's policy insuring the property to an amount equal, from time to time, to at least 80% of the replacement value; and to indemnify and save harmless Wife from any and all damage or expense arising out of Husband's non-performance of this agreement. d. Upon the occurrence of any of the following conditions, or upon non-performance of the promises in the preceding subparagraph, Wife shall become entitled to one-half (1/2) of the fair market value of the property: death of Husband or Wife, Husband's ceasing to reside at the property; sale of the property, the remarriage of Husband or Husband's living at the property with any other person, male, female, relative or non- relative. e. If the parties cannot otherwise reach agreement over the disposition of or payment for Wife's interest in the real estate, after Wife becomes entitled to her interest under subparagraph d above, Wife shall have the right to pursue the remedy of partition or the remedy of Court appointment of a Trustee or Receiver to sell the property at public sale. Husband will interpose no defense to any petition or complaint filed other than a denial of any alleged non-performance or occurrence of condition of this agreement. All costs of any legal (or equitable) proceeding shall be shared one-half by each party, unless a Court should find that either party has not acted in good faith in asserting or denying the cause of action, in which case such party shall pay all costs out of his or her share of the proceeds from sale of the property. Husband agrees that the property cannot be equally divided without spoiling the whole and in the event Wife pursues an action to partition the property, waives the appointment of any viewers to decide such issue. 4. ALIMONY, SUPPORT AND MAINTENANCE: ' Each of the parttes hereby waives any right of support from the other and in the event of a divorce proceeding being commenced or a divorce being granted, hereby waives any right or claim to alimony pendente lite, counsel fees, expenses, or alimony after the divorce. 5. COUNSEL FEES: This agreement has been prepared by counsel for Wife at a cost of $150.00. Husband will pay Wife one-half thereof at the time of the signing of this agreement. 6. INCOME TA%: The parties agree that they shall not henceforth assert a position with respect to the preparation and filing of future Federal income tax returns, either singly or jointly with another, inconsistent with the undertakings herein contained, and each will be liable to the other for damages, including legal fees and Court costs, occasioned by the breach of this covenant. The parties will file a joint federal income tax return for 1983 and will share the anticipated income one half each. MUTUAL ESTATE WAIVER: It is the intention o the parties hereto that from and after the date of this agreement, neither shall have any spouse's rights in the property or estate of the other, and to that end, both waive, relinquish and forebear their rights of dower or curtesy, rights to inherit, rights to claim or take a Husband or Wife's or family exemption or allowance, to be vested with letters of administration or testamentary, and to take against any will of the other, and each agrees with the other .that if either should die, his or her property, as set forth herein, shall. descend to and vest in his or her heirs at law, testate or intestate, excluding the other, as if the decedent had died a widow or widower. The parties further agree that they may and can hereafter, as though unmarried, without any joinder, by him or her, sell, convey, transfer, and/or encumber any and all real estate and personal property which either of them now or hereafter owns or possesses and further agree that the recording of this agreement shall be conclusive evidence to all of his or her right to do so. And the said Husband and Wife do hereby irrevocably grant, each to the other, should the exercise of this power hereby given become necessary, the right and power to appoint one or more times any person or persons, whom Husband or Wife shall designate, to be the attorney in fact for the other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases, quitclaims or satisfactions, under seal or otherwise, to enable either party hereto to alienate his or her real or personal property, but without any power to impose personal liability for breach of warranty or otherwise. Each of the parties hereto further waive any right of election contained in Chapter 22 of the Pennsylvania Probate, Estates and Fiduciaries Code. 8. RELEASE OF CLAIMS: Except as otherwise herein expressly provided, the parties shall and do hereby mutually remise, release and forever discharge each other from any and all actions, suits, debts, claims, demands and obligations whatsoever, both in law and in equity, which either of them ever had, now has against the other upon or by reason of any matter, cause or thing up to the date of the execution of this agreement. 9. DIVORCE WAIVER OF PURTIIER E UITABLE DISTRIBUTION: either party commits himse or herse to commence a divorce action. If either party should commence a divorce action, it shall be pursuant to Section 201(c) of the Pennsylvania Divorce Code (mutual consent divorce on the grounds that the marriage is irretrievably broken). In such event both parties shall file, within 90 to 100 days after the filing of the complaint in divorce, the required affidavits evidencing that each of them consents to the divorce. Whomever commences the divorce as plaintiff shall pay the edsts thereof. Each of the parties agrees that this agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have for equitable distribution or division under Section 401 of the Pennsylvania Divorce Code. 10. PERFORMANCE: Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and assurances that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this agreement. ll. DEFAIILT: If either party fails in the due performance of his or her obligations hereunder, the other party shall have the right, at his or her election, to sue for damages for a breach of this agreement, or to rescind the same and seek such legal remedies as may be available to him or her. Nothing herein contained shall be construed to restrict or impair either party`s right to exercise this election. 12. MODIFICATION AND WAIVER: No mod' ication or waiver o any of the terms hereof shall be valid unless in writing and signed by both the parties. No waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent breach or default of the same or similar nature. 13. APPLICABLE LAW: This agreement shall be governed by the laws of the Commonwealth of Pennsylvania. 14. WHOLE AGREEMENT: This agreement constitutes the entire understanding of the parties. It supersedes any and all prior agreements between them. There are no representations or warranties other than those expressly herein set forth. This agreement shall survive integration by any Court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. 15. CAPTIONS: The captions of this agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this agreement, nor in any way effect this agreement. AND FURTHER, the parties hereto covenant and agree that this agreement shall extend to and be binding upon their heirs, devisees, executors, administrators and assigns, of both and each of the parties hereto. AND the parties hereto state that she or he, in the procurement and. execution of this agreement, has not been subjected to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. IN WITNESS WHEREOF, the parties have set their hands and seals- to two counterparts of this agreement, each of which shall constitute an original, this day of 1984. WITNESS• f! .:~ ~ ,~ ,~""~cc. (SEAL) Paul R. Rowe ~' ~ F ~r ,r'_' - ~.~' -s,_p~ u,._Y ~__=-- -(SEAL) Chloe A. Rowe STATE OP PENNSYLVANIA , COUNTY OF FRANKLIN , On this, the ~ day of ~~~k. , 1984, before me, a Notary Public, the undersigned officer, personally appeared Paul R. Rowe, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. `.Notary Public My commission expires I maintain m office m r Gf`~ ~Q M ~11nG1 ~ }~/ Y~17lCi~ STATE OF PENNSYLVANIA , COUNTY OF FRANKLIN i On this, the day of , 1984, before me, a Notary Public, the undersigned officer, personally appeared Chloe A. Rowe, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My commission expires I maintain my office is PETITIONER'S ~ EXHIBIT ,~ u Millerd A. Ullmen (1912-19887 Thomas M. Painter Law Offices Ullman and Painter 10 East Main Street Waynesboro. Pennsylvania 17268 -1688 April 10, 1996 John McDowell Sharpe, Jr., Esquire 257 Lincoln Way East Chambersburg, PA 17201 Re: Rowe vs. Rowe Dear John: Telepfione (7171 752-1167 fax: (7171 762-0567 I had a visitor from the past. Back in 1984 you represented Chloe A. Rowe and I represented Paul R. Rowe. As a result of negotiation there was a Property and Separation Agreement executed by our respective clients dated March 15, 1984. Under Paragraph 2, the items of personal property then in the possession of our respective clients became their property absolutely with the understanding that the other spouse if need be would execute any documents to waive any claim. The parties assigned vehicle titles to each other, unfortunately, at the time that was done Mr. Rowe forgot that he had a Camero which he didn't drive and was stored in the garage at the residence. The purpose behind Ivlr. Rowe contacting me at the present time, apparently, on several occasions he has requested your clieht to meet him either at the Triple A in lhent agreed uponehisepayment to her of one halfoof thetvalue whi~h ise ontrary to [he provisions of the Agreement. r suggested to Mr. Rowe rather than institute appropriate iega' wife to comply, I suggested it would be advisable that I contact you turn advise Chloe Rowe that she is obligated to sign off on the car title. Please advise. Your very tray , Thomas M. Painter t action to force his ex- and request that you in TMP/ksc STATUS REPORT UNDER RULE 6.12 Name of Decedent: CHLOE A. ROWE Date of Death: Mav 12 2002 No. 21-02-0545 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: X Yes _ No 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: 3. If the answer to No. 1 is Yes, state the following: a. Did the personal representative file a final account with the Court? Yes X No b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? X Yes _ No d. Copies of receipts, releases, joinders and approvals of formal or informal accounts may be filed with the Clerk of Orphan's Court and maybe attached to this report. //~ Date: 8/12/03 ~j, G~-- Signature IRWIN, McKNIGHT & HUGHES . -- Roeer B Irwin Esquire - Name (please type or print) ;v 60 West Pomfret Street Address Carlisle PA 17013 City, State, Zip -i _ X717) 249-2353 ,. Telephone Number Capacity: Personal Representative X Counsel for Personal Representative C/