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HomeMy WebLinkAbout02-0518PETITION FOR PROBATE and GRANT. OF LETTERS 21-02-518 Estate of Bertha M. Sweigart No. To: also known as, Register of Wills for the County of r_~ rPr~ vid_---- in the Deceased. 179-44-.9531 Commonwealth of Pennsylvania Social Security Yo. - The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older an the execut °r 2001 in the last will of the above decedent, dated December 20 and codicil(s) dated (state relevant circumstances, e.g. renunciation, death of executor, etc.) Cuunberland County, Pennsylvania, with Decendent was domiciled at death in 208 Senate Avg.. ik7n1 F r Pannchnrn }, er last family or principal residence at Townshi (list street, number and muncipality) Ma 24 ,x119 2004 , Decendent, then ~~ years of age, died • at Hol S irit Hos ital East Pennsboro Townshi 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: Decendent at death owned property. with estimated values as follows: $ ~ ~ o©~ o0 (If domiciled in Pa.) All personal property $ (If not domiciled lx Pa.) Personal property in Pennsylvania $ (If not domiciled in Pa.) 'Personal property in County ~ Value of real estate in Pennsylvania situated as follows: WHEREFORE, petitioner(s) respectfully testa(menta probate of the last .will and' codicil(s) presented herewith and-the grant of letters (testamentary; administration c.t.a.; administration d.b.n.c.t.a.) theron. .~(/ ~~ ar ace .~ N Slater, MO a ~o ya ~ 4.. ~ O C 00 OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA ~ ss C rIBERLAND COUNTY OF -~ The petitioner(s) above-narned swear(s) or affirm(s) that t et tion m s) ann thatf as perrn nal represen- true and correct to the best of the knowledge lldVe llie d truly ad 'ste the estate a ording to law. tative(s) of the above decedent petitioner(s) Sworn to or affirmed and subscribed before me this 29th day of a ` 1 O ~`- ~ ~ ~ ~~ ~ Register No. 21-o2-5~R _ Estate of BERTHA M. SWEIGART ~ Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW MAY 29 12002 , 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 December 20,-2001 described therein be admitted to probate and filed of record as the last will of BERTHA M. SWEIGART and Letters Testamentary are hereby granted to Dale J . Sweigart FEES Probate, Letters, Etc.......... $ ~ 50.00 ~ShXrtaeeSicates( )~...••••••° $ 12.00 Renunclation ................ $ JCP $ 5.00 TOTAL $ 76.00 Filed .... ?~X. 29 ~ . 2.4Q~ ............... . ~Rsgi~r of Wills ~ ~'~r~~~ David H. Radc) if f s . , ID 425483 ATTORNEY (Sup. Ct. I.D. No.) 624 North Front Street Wormleysburg, PA 17043 ADDRESS ~~ 1 Z~l 2~~-a31 s _ PHONE -~ ~ __. I1l~5_~n5 HEV )/8( This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Local Registrar. The original certificate will he forwarded to the State Vital Records Office for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $2.00 ltl,rrrrrr" ' I,I~~p~.TH OF pFy~ _ ,,~` ~ ~~~s` `,~~~/ ~9 Lo ~ egistrar . o, ~ ,Z` .-n~ * ,~ p C Q ~_ ~ 1 r S ~ ~ 3 ~ ~ o~~g9TMFNT oF~~P~ . ~ No. ,,,~uYlt Date "'°' '~ Rer ze} COMMONWEALTH Of PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS PErPRINT CER'; !FICATE OF DEATH IN _ RYANENT NAME OF DECEDENT ~.F.y M~ddIB. ~, I ----'------' -. __ SufE ~~IE VUMBER .ACK INK 1 ~~'~"~.~ M ~ ~ /_ SEI( SCCUL SECURITY NUMBER -___? ATE OF AGE rtaN 9vtndavl UNDER 1 YEM Ll E g-R UNDER t DAY T OATS OF ~ DE,TH Mann Da,. roar, M«Kns Days Howe Min 9tRTM MO~m Oar 'a«I BIRTHPLSCE:GIy xd PLACE OF DEATH fn ' aal w I i ~ v 7 3 ww . it«sY FCregn l:wnlrvl HOSPITAL. , rn L au.~~,~ !9!8 M lbeLGlre WN InpalMret ^ ERIOrApaIN« l~ OTHER. DOA ^ N '' an :OUNTY OF DERH M6F~pCA-tVD e' CRY. 9080• TWP OF DEATH C ~ENN CB PA T' w. FACILfTY NAME pt MI ,ny.Nl,or,. q~ve aoevl ono nwnuar~ H~ -- NNS DECEDENT DF HISPANIC ORIGINS ~ Y « Raawnu u ~SOecayt^ RACE Amancan lnban 8la a wl W. ' . . B~CO k. W / //~ / (`i/~ S/"'I.f/~~`J ~~(/ NoCYY..L1nr...w«arcue.n. A4aran, Plwrlo Rrart.«c , , o uta «c IsPec•+rt 'TY f ~ DECEDENT S USUAL OCCUPRION (Cava 4a+0 d k KIND OF 9USR+ESStNDUSTRV WA$DECEOENT EVERW DECEDENT'S ~' ~ .~ t0. ~C +w OOna owvq mom W wa4lrq Na: a O n a uaa r.4reo 1 ~Q ~ ~ ~ ~/ ~ U. S. ARMED FOi C ES ? ED S ~ onl n~ ATION corn su MARITAL STATUS~Mxryd Nav« M rw wg SURVrvHq SPOUSE A ~ (/ ••~ME/yT E~ ta ~ ^V LD ~ ~ / rY^ NO L7 E Saconaary cdNgs . o.•o. Drgr~M lslxMrl in.wla. ir. maM namal . ersrteuT•<...a ~.~.. ...,..,~__.__ _. _ itp. 10 a 10 I 21 ~ naws•I W/De~TIG/1 f ~~~ /f~.c.c, ~,~ . ns l~ ..HEI~%%L.L%~M `~13RlGk.ER sF IAANT S NAME IT p«R ,., fjL:~ f ~t,IJEIGMe.T ETHOD OF DISPOSITION errMl ~ Crem«ion ^ Ramortl Irom SING ^ 4nrlKa^ Otn.r 15o.cerl PrR'arfnrl O ndl arallapM N lima d aal', unrly rJ1Ya «daatn. Earns 2a•p0 muN W :omp«ad pY parson rraw prorlounc a«n. 27. PART I: EnN tM Wwasas. vywia Lot orKy oru <auw on aN tl1YED1ATE CAUSE IFvyI olaaeta a canosan ~etsarw n wanl-• a. rant. 4aadirw tol~mm dw~ia o. air. Elver UNDFALYINO ~ d CAUSE (Dawaa ar rywy ntl rLralW avanm aoaarw n daaatl LAST ENT'S I~ ta. tTa.wla Da tTC.QY .d«ad«syvad "GE a.cadan ~'; /~ 4r.na tTp.Cdanry~[lM6r5pU-N n 'OMn1'"p} ,Td.a :inlfimnc MOTN~~F-Ss NAME IFam. MadM. Maasn SwnA~^el r. tearl xle. AS SUCN I~cNSE NUMBER IT}p. e.ai~9-L my knovrMdge, aaatn occwrw x ma Imp. dma ana pus yuw. I TOaI aN DATE P'rR^ONy^O,U/NyCED DEADIMOnm, D. • ~'' V Y.F M 2S 1 1 1 l~,U ~~ y ur aam~/DO I am« me mode I draw, swI a nrwc «resp YaSEO/U~ENCE OF1: ~ U ~ % ~\ N ~yL'EO `q` r f! f ~ CGL1 - PMCy ee4S /4d~{lorur~ ~„~r NAM MOADDRESS Of I ITY /EDEa.wv ,~,(~..fS,' LICENSE NUMBER zip. '1 ~ wA5 CASE REFERRED TC ~~I H. arrwl, SlfOtk or mart laaun I Appeaanala f ~ inlarvtl DNwGn ' r omN arlC ~faaM I _ I 1 COMPLE1pN OF CAUSE ~ IMOnm. Day taxi __. .._ OF OERH? NNwtl Horrla:W ^ A<Cd«s ^ Parld'rw MreNwNwn ^ YW ^ NO C~ rw ^ No ^ Suicda ^ GOIAO nq tw aNNmnW ^ PLACE OF IW URY . Al lama, farm. yre«. nc ~• xw. ». pr41d4tq. Nc. 15petyvl CERTIFIER ~Craclr dvr opal ~. 'CEIITIFYUIO PNYSIGM lPnyy4Yn cxWyYrq cause d Cealn wear xam« onvsc~an pas ponounced .loan era Comp«eo Item 271 II TO Ilu WN of my 4rwarNdOa, waN aeelmrad dw b Na cauaalal and manMr as slalltd.......... . "' 7t 'PRONOUNCIND ANO CERTIFYRa6 -HYSKIAN IPnrKran non :vonwnC,rg Uealn era cMAr LK TO Na peal of my RMwladya, daaN occurred alma lima, date. and Place. and duo to Ina e+ wlal awd maenn.Ii as anlrw .............. . _... ._.. ~ ]t NA •YEDICAL E7(AMINEWCORONER Isle On LM puia of eaammation and/or invoilgNion, in my opinion, death «currad at IM Un a, dNe, and place, one due to Ine cauw s manner as au1W ................. 1 1 an0 r~- REGISTRAR'S SIGNATURE AND NUMBER ]Z. ~~~,y f DA _ ]a. ~'i,csteuR/ 6Sj5~f ATK7N . CnyrTOan. Sltla. zo coo. err d+~lcGac Trv/• /7i, 3 IIMOM.Day. Mrarl zx MEDICAL EXAMINERICORONER} ry( wa ^ No OI agTII. aln«sgnAdxpoondalwtaoontrlptA4wroawls.I4a not raauaury n IM wlawM'r5 cauw 91ran n PMT I. YYa ^ No ^ ~3 -~ ~o, !~, RSON wNO COMPLE•Ef ' l~Ilri w t+ F}~*Ly..SA~I ~c DavLpearl n L -~ / :~ s L~e~ _ f1'I~ _~ ~~ Ill LAST WILL AND TESTAMENT KNOW ALL MEN BY THESE PRESENTS, that I, BERTHA M. SWEIGART currently residing at East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, being in good health and of sound and disposing memory do hereby make, declare and publish this as my Last Will and Testament, hereby revoking all former Wills and Codicils heretofore made by me. FIRST: I direct that all of my debts not barred by the statute of limitations, expenses of my last illness, funeral expenses, costs of administration and claims allowed in the administration of my estate shall be paid by my Executor hereinafter named, from my estate as soon after my decease as shall be found convenient. SECOND: I bequeath my automobiles, household and personal effects and other tangible personalty of like nature (not including cash or securities), together with any existing insurance thereon, to my sons DALE J. SWEIGART, DONALD R. SWEIGART AND ROBERT E. SWEIGART, in equal shares. THIRD: I give, devise and bequeath the rest, residue and remainder of my estate, whether real, personal or mixed, and of any nature whatsoever and wherever situate, to my sons DALE J. SWEIGART, DONALD R. SWEIGART AND ROBERT E. SWEIGART, in equal shares. FOURTH: I hereby nominate, constitute, and appoint DALE J. SWEIGART, as Executor of this, my Last Will and Testament. In the event that DALE J. SWEIGART shall predecease me, or be unwilling or unable to act as my Executor, as aforesaid, then I nominate, constitute and appoint DONALD R. SWEIGART without necessity for posting security regardless of state of residence, as Executor of this, my Last Will and Testament. In the event that DONALD R. SWEIGART shall predecease me, or be unwilling or unable to act as my Executor, as aforesaid, then I nominate, constitute and appoint ROBERT E. SWEIGART without necessity for posting security regardless of state of ~~ residence, as Executor of this, my Last Will and Testament. All references to the Executor herein shall be applicable to said substitute Executor. FIFTH: My Executor shall have, in addition to the powers and authority conferred upon him by law, the following additional powers and authority: 1. To sell at public or private sale, exchange, transfer, partition, give options upon, lease, mortgage, pledge or otherwise dispose of any property, real or personal, at any time constituting a portion of my estate, and upon such terms and conditions as the Executor shall deem wise. 2. To invest any money at any time in such bonds, stocks, notes, real estate, mortgages, life insurance, annuities or other securities, or such property, real or personal, as the Executor shall deem wise, without being limited by any statutes or rule of law regarding investments by the Executor. 3. To retain, without incurring any liability, as investments, any property owned by me at the time of my death, as long as my Executor may deem it wise, and even though such property is not the kind of property an Executor would purchase as an investment; and even though to retain such property might violate sound diversification principles. 4. To cause any security or other property which may constitute a portion of my estate to be issued, held or registered in the Executor's own name, or in the name of a nominee, or in such form that title will pass by delivery. 5. To consent to the reorganization, consolidation, readjustment of the financial structure, or sale of the assets of any corporation or other organization, the securities of which constitute a portion of my estate, and to take any action with reference to such securities which, in the opinion of the Executor is necessary to obtain the benefit of any such reorganization, consolidation, readjustment or sale; to exercise any conversion privilege or subscription right given to my Executor as owner of any '~ securities constituting a portion of my estate resulting from any reorganization, consolidation, readjustment, sale, conversion or subscription. 6. To pay all costs, taxes, charges and expenses in connection with the administration of my estate, including such compensation to the Executor which shall be in accordance with established fees throughout the period of administration of my estate. 7. To determine what is "income" and what is "principal" hereunder, and my Executor's decision thereon shall be final; and to purchase securities at a premium or discount, and to apply or charge said premium or discount against income or principal as the Executor may determine. The Executor may make payments to or on behalf of any person who is the beneficiary hereunder but in no event, however, shall payments be made to any creditor or other such person because of anticipation of payment by the beneficiary, and any such claim made by way of anticipation by the beneficiary shall be of no validity or legal effect. 9. To borrow money from any person, firm or corporation, including any corporation acting as an Executor hereunder, for the purpose of protecting and preserving or improving my estate hereunder; to execute promissory notes or other obligations for amounts so borrowed. 10. To employ legal counsel, accountants, brokers, investment advisors, custodians, managers and .other agents and employees and to pay reasonable compensation out of my estate or any funds held hereunder to which said compensation is attributable. 11. To carry on any business owned or controlled by me at my death for whatever period of time my Executor shall think proper, and my Executor shall have the power to do any and all things my Executor deems necessary or appropriate, including the power to close out, liquidate or sell the business at such time and upon such terms as my Executor shall deem best. .i ~ 1 r~~ ~--~~ 3 c~ 12. To do all other acts in my Executor's judgment necessary or desirable for the proper and advantageous management, investment and distribution of my estate. SIXTH: I direct that all transfer. and inheritance taxes, state or federal, assessed because of my death, whether the funds, property or insurance proceeds to which such taxes are attributable pass under this Will or not, shall be paid out of my residuary estate; that my Executor pay, or provide for payment of all such taxes at such time, or times, and in such manner as my Executor deems best. IN WITNESS WHEREOF, I, BERTHA M. SWEIGART, the Testator to this, my Last Will and Testament, typewritten on four sheets of paper which I have identified at the bottom of each page by my signature, hereunto set my hand and seal the ~~ day of ~~ *,.~-~,... 2001. ,/mar ~!T,~J~ .mac.-P_J~" .r' ~ ERTHA M. SWEIGAR The preceding instrument consisting of this and three other typewritten pages, each identified by the signature of the Testator, BERTHA M. SN'EIGART, this day and date thereof signed, published and declared by BERTHA M. SN'EIGART, the Testator therein named, as and for her Last Will, in the presence of us who, at her request, in her presence, and in the presence of each other have subscribed our names as witnesses. ~~ ~~-i¢ ~ ~Y ~ ~~~ ~ ., COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS I, BERTHA M. SWEIGART, Testator, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, 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. <~ ~L , .~, ERTHA M. SWEIGAR Sworn or affi to and acknowled}ged before me by BERTHA M. SWEIGART, Testator, the ~.r~'s~%~- day o~ ~--r- ~~..-~2~ 2001. ~i ~ d ~' / CC. C.~..,~r (SEAL) Notary Public ,; NOTARIAL~~~4 ~E~qL Roberta L, Radcliff- P.fo~ry Public Wormleysburg Suva<:3; .u~, of Cumberland My Commission Expires Jan. 20, 2005 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND SS We ~~vt~ !f ~~~~nce:,~F and ~~1~~- ~~ ~.~_~e_~ the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Testator sign and execute the instrument as her Last Will; that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the Will as witnesses; and that to the best of our knowledge the Testator was at that time eighteen or mere years of age, of sounu min"d Hand under no constraint or undue influence. Sworn or affirmed to -and subscribed to before me by ~_ / ~~?--r f°~~ ~ . ~ ~ f~~~C~ f~"i"~and ~~°~ C-~~ ~.~ - ~~ ~-h~ witnesses, this E ~ day of 2001. ~- ~.. ._..~ - ~ r (SEAL) -~k~~.~~-t--~. ~'~` ~ F cf_`t~"~,c.~.l, Notary Public FJOTARi,4L SE,wi_ Roberta t_. Radcliff:. tdotary Public Vvormieysburg Borau,,;;~ Cou~y of Cumberland My Commission, wyr~=;rs .far. 20, 2005 2` ~ ~~ ~;~~ LAW OFFICES r~. ~ ,., ~ S!-!AGlN ~ ANSTlNE L.LC ~.~ `~'? ~~`` y ~.~~" ; n . 300 NORTH SECOND STREET, 8TH FLOOR P.O. Box 1225 ~~ I-IARRISBUF2G, PENNSYLVANIA 17108-1225 www.shaginanstine.com ~10HNNA ~1. KOPECKY jkopecky@shaginanstine.com Glenda Farner Strasbaugh Cumberland County Register of Wills Qn~ (~()LtrtlZpitca Cli71~YP, z ~.»_ _ Carlisle, PA 17013 re: Estate of Patricia G. Meyers File No. 2003-00493 Dear Ms. Strasbaugh: (717) 221-III I Fax (717) 221-I 110 May 2, 2005 I am in receipt of the Status Report filing and Notice I received in the mail today regarding the above-captioned estate. Please be advised that I do not represent the estate, in that the personal representative, Tracey Meyers, retrieved the file from my office in November of 2003. I note that you have also sent her a copy, so I hope that she has sent in the appropriate filing by this time. Should you have any questions, please do not hesitate to contact me. Very truly yours, Jo a J. Kopecky, Esqui IN RE: ESTATE OF BERTHA M. SWEIGART IN THE COURT OF COMMON PLEAS ORPHANS' COURT DIVISION CUMBERLAND COUNTY, PENNSYLVANIA NO.21-2002-0518 RULE WE COMMAND, you that laying aside all business and excuses whatsoever, you be and appear in your proper person before the Honorable Judges of the Court of Common Pleas, Orphans' Court Division at a session of the said Court there to be held, for the County of Cumberland to show cause why this court should not grant the graver of the Petition is granted upon Dale J Sweigart Rule returnable 20 da s after deposit in the U.S. mail first class posts a prepaid b ty he Register of Wills Witness my hand an official seal of office at Carlisle, Pennsylvania, this 10th day of Se tember, 2002. Clerk, Orphans' Court Division JJ Cumberland County, Carlisle, PA ~~ ~ My Commission Expires on the 15S Monday r' January, 2003 IN RE: ESTATE OF BERTHA M. IN THE COURT OF COMMON PLEAS SWEIGART, deceased CUMBERLAND COUNTY, PENNSYLVANIA NO.2002-00518 AND NOW, this day of and consideration of the wit 'n Petition for Lea 2002, upon presentation Court to Withdraw the Appearance of Counsel, a Rule to Show Cause why this Court should not grant the prayer of the Petition is granted upon Dale J. Sweigart. Rule returnable 20 days after deposit in the U.S. mail, first class postage prepaid, by the Register of Wills. By the Court: L ~a ~ , - IN RE: ESTATE OF BERTHA M. SWEIGART, deceased AND NOW, within Petition, David H. Radcliff is granted leave to withdraw as counsel for Dale J. Sweigart, Executor, and the above captioned Estate. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.2002-00518 Dl~Cl~~ By the Court: 2002, upon consideration of the J. 1N RE: ESTATE OF BERTHA M. S WEIGART, deceased IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.2002-00518 PETITION FOR LEAVE OF COURT TO WITHDRAW THE APPEARANCE OF COUNSEL TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petition of David H. Radcliff respectfully represents: 1. Petitioner, David H. Radcliff is an attorney admitted to practice in Pennsylvania, having an office address of 624 North Front Street, Wormleysburg, Cumberland County, Pennsylvania. 2. Bertha M. Sweigart died May 24, 2002 and her Will was probated to the above term and number. 3. Dale J. Sweigart, of 902 Park Place, Slater, MO, 65349, is the Executor of the Estate of Bertha M. Sweigart. 4. On May 29, 2002, Dale J. Sweigart, requested that Petitioner represent the Estate of Bertha M. Sweigart and agreed to cooperate with Petitioner in the administration of the Estate and pay all appropriate fees. 5. The meeting in Petitioner's Office on May 29, 2002, was attended by Dale J. Sweigart, Donald R. Sweigart and Robert E. Sweigart, the three sons of decedent. 6. At the conclusion of the meeting the three sons left together with the stated purpose of travelling to Carlisle to probate the Will and open the Estate. 7. Dale J. Sweigart failed to contact Petitioner after May 29, 2002 as had been agreed and did not respond to subsequent telephone calls. 8. Petitioner sent a letter on July 11, 2002, requesting that Dale J. Sweigart contact Petitioner. See copy of the letter attached hereto as Exhibit A and made a part hereof. 9. On or about July 22, 2002, Dale J. Sweigart called Petitioner and promised to forward copies of the Petition for Probate and other relevant information. 10. On or about August 19, 2002, Petitioner again sent letter of July 11, 2002 (Exhibit A). 11. On August 22, 2002, Dale J. Sweigart contacted Petitioner and promised to have relevant information with copies of the Petition forwarded to Petitioner's office within three days. 12. Petitioner has received nothing from Dale J. Sweigart to this date. 13. Petitioner has inadequate information to give the notices and to make the filings required by Supreme Court Orphans' Court Rules 5.6 and 5.7. 14. Dale J. Sweigart has failed to cooperate with Petitioner in the administration of this Estate. 15. Petitioner is unable to serve as counsel to this Estate and the Executor due to the complete lack of cooperation. WHEREFORE, Petitioner respectfully requests that he be permitted to withdraw as counsel for the Executor and the Estate of Bertha M. Sweigart. Respectfully submitted, ~~ ' David H. Radc iff, Esquire ,~ Supreme Court ID #2548 624 North Front Street Wormleysburg, PA 17043 (717) 236-9318 IN RE: ESTATE OF BERTHA M. IN THE COURT OF COMMON PLEAS SWEIGART, deceased CUMBERLAND COUNTY, PENNSYLVANIA N0.2002-00518 VERIFICATION DAVID H. RADCLIFF hereby states that he is the Petitioner in this matter and that the statements of fact made in the foregoing Petition are true and correct to the best of his information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~~- ~ -Q~ C ~.z.~~y ~ ~~~ David H. Radcliff CheYewka ~ Radcliff, LLP 624 North Front Street VVormleysburg, Pennsylvania 17043 (717) 232-4701 (717) 901-3770 Fax (717) 232-4774 July 11, 2002 Dale Sweigart, Executor Estate of Bertha M. Sweigart .902 Park Place Slater, MO 65349 X. RE: Estate of Bertha M. Sweigart Our File No. 1743.0 Dear Dale: I have not received your response to my letter of June 18, 2002. You have not provided the. copies of the probate documents that you agreed to send to my office. On July 10, I called your work number and was told you no longer are employed there. There was no answer on ,your home phone. Please contact our office immediately. If I do not receive the signed engagement letter by July 22, 2002, I will have to Petition the Court to be removed as attorney for the Estate. Very truly Yours, A' /_ ~~1 g~ David H. Radcliff f '~ "'~ ~~ ~~ G.~~~ l_- ~ ~ ~~ ~ ~~ `~ GI EXHIBIT A IN RE: ESTATE OF BERTHA M. S WEIGART, deceased IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.2002-00518 1VIOTI®N TO 1lZAKE RITI,~ AgS®I.,iJTE ~~'~~ ~ ~ ?~~C AND NO W this 2 ~`~ day of October, 2002, comes David H. Radcliff and moves your Honorable Court as follows: 1. A Rule to Show Cause why David H. Radcliff should not be permitted to withdraw as counsel to the executor and the above estate was issued September 10, 2002. 2. The Rule to Show Cause was served on Dale J. Sweigart, Executor, 902 Park Place, Slater, MO 65349, by U.S. First Class Mail postage prepaid on September 11, 2002. See U.S.P.S. receipt for mailing attached as Exhibit A and incorporated herein by reference. 3. The executor and the estate failed to respond to the Rule to Show Cause on or before October 1, 2002, which was twenty (20) days after the date of service. WHEREFORE, David H. Radcliff moves your Honorable Court to grant his Petition to withdraw as counsel for the executor and the Estate of Bertha M. Sweigart. Respectfully submitted, David H. Radcliff ID # 25483 624 North Front Street - Wormleysburg, PA 17043 (717) 236-9318 CAMP HILL POST OFFICE CAMP HILL, Pennsylvania 170113717 09/11/2002 (800?275-8777 05:11:44 PM Product Sales Receipt Description title Un1t Final y Price Price SLATER MO 65349 $0.60 First-Class Issue PVI: $0 60 Total; Paid by: Cash $1.00 Change Due: -$0.40 Bill#: 1000500987911 Clerk: 22 Rcf~inrle nnl ~~ nn„ nAAM pni n EXfiIBIT ~, ~ ~ ~ ~ o w ~ ~ `~ N ~ zH a ~, ~ •~ m N w v o z oo o ~ v ., ,~ ~ > ~ ~. as v ro ~o~ ; o~ O ~_ 'Zt ~ N C w ~ zO A w O c y ~~ U w .7cV ~ p ~ ~y s~ c~ w H.d o¢ ao ~ H ~wz~ o °' wa x ~ ~ Ct '~Z ' o ~ x ~ o W ~ ~ 3 ~ ~ ~ , .. F-I v a W U z O ~ •p N N W W ~ ~ ~ ~ O ~ _ ~ H H H O ~ ~ . .. O ~ v~ _i IN RE: ESTATE OF BERTHA M. S WEIGART, deceased IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.2002-00518 QRIaEI2 Upon motion of David H. Radcliff and after review of the record in the above-captioned estate, it is Ordered that David H. Radcliff may withdraw as counsel for the executor, Dale J. Sweigart and the Estate. ~ll, Zpov l~-~~- i~ ~~ BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION DEPT. 280601 HARRISBURG, PA 17128-Ob01 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE REV-1548 E% ~FP (O1-8S) DATE 10-27-2003 ESTATE OF SWEIGART BERTHA M DATE OF DEATH 05-24-2002 FILE NUMBER 21 02-0518 COUNTY CUMBERLAND SSNiDC 179-44-9531 ACN 02149809 Amount Remitted MAKE CHECK PAYABLE AND REMIT PAYMENT T0: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 7 /U -- ~ -~'_ G~3 APPRAISEMENTE ALLONANCETORCDISALLOHANCE OF DEDUCTION, AND ASSESSMENT OF TAX ON JOINTLY HELD OR TRUST ASSETS ROBERT E SWEIGART C/0 APT 701 208 SENATE AVE CAMP HILL PA 17011-2356 CUT ALONG THIS LINE - RETAIN LOWER PORTION FOR YOUR RECORDS ~ ------------------- R EV- 1548 EX A FP (0 1-03) ----------------------------------------------------------------------------------- NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS, AND ASSESSMENT OF TAX ON JOINTLY HELD OR TRUST ASSETS DATE 10-27-2003 ESTATE OF SWEIGART BERTHA M DATE OF DEATH 05-24-2002 COUNTY CUMBERLAND FILE N0. 21 02-0518 S.S/D.C. N0. 179-44-9531 TAX RETURN WAS: (X) ACCEPTED AS FILED ( ) CHANGED ACN 02149809 JOINT OR TRUST ASSET INFORMATION FINANCIAL INSTITUTION: ALLFIRST BANK ACCOUNT N0. 87008000179806 TYPE OF ACCOUNT: ( ) SAVINGS ( ) CHECKING ( ) TRUST ( ~ TIME CERTIFICATE DATE ESTABLISHED 06-30-1983 Account Balance Percent Taxable Amount Subject to Tax Debts and Deductions Taxable Amount Tax Rate Tax Due TAX CREDITS: 1,251.76 X 0 500 625.88 - .00 625.88 X 15 93.88 PAYMENT I RECEIPT DATE NUMBER INTEREST IS CHARGED THROUGH AT THE RATES APPLICABLE AS REVERSE SIDE OF THIS FORM DISCOUNT (+) INTEREST/PEN PAID (-) 11-04-2003 OUTLINED ON THE NOTE: TO INSURE PROPER CREDIT TO YOUR ACCOUNT, SUBMIT THE UPPER PORTION OF THIS NOTICE WITH YOUR TAX PAYMENT TO THE REGISTER OF WILLS AT THE ABOVE ADDRESS. MAKE CHECK OR MONEY ORDER PAYABLE T0: "REGISTER OF WILLS, AGENT.~~ AMOUNT PAID TOTAL TAX CREDIT BALANCE OF TAX DUE INTEREST AND PEN. * IF PAID AFTER THIS DATE, SEE REVERSE FOR CALCULATION OF ADDITIONAL INTERES DUE ( IF TOTAL DUE IS LESS THAN S1, NO PAYMENT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT" [ CR), YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS_ ~ .00 93.88 3.25 97.13 Radcliff Law Office, P. C. 20 Erford Road, Suite 200 Lemoyne, Pennsylvania 17043 (717) 236-9318 Fax (717) 920-9498 May 3, 2005 Glenda Farner Strasbaugh Register of Wills Cumberland County 1 Court House Square Carlisle, PA 17013 RE: Estate of Bertha M. Sweigart No. 2002-00518 Dear Ms. Strasbaugh: The enclosed letter was sent to me in error. I confirmed this morning that the October 11, 2002 Order of President Judge Hoffer is part of the record in the above case. I am no longer the attorney on this estate. Please notify the Judge and any others to whom your letter of April 15, 2005 was sent that it was mailed to me in error. Very truly yours, David H. Radcliff ~~ - BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION DEPT. 2B0601 HARRISBURG, PA 17128-0601 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE REV-1548 EX AFP (01-03) DATE 10-27-2003 ESTATE OF SWEIGART BERTHA M DATE OF DEATH 05-24-2002 FILE NUMBER 21 02-0518 COUNTY CUMBERLAND SSNiDC 179-44-9531 ACN 02149809 Amount Remitted MAKE CHECK PAYABLE AND REMIT PAYMENT T0: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 /~i - ~ ~'- G~'~ APPRAISEHENTE ALLOWANCETORCDISALLOWANCE OF DEDUCTION, AND ASSESSMENT OF TAX ON JOINTLY HELD OR TRUST ASSETS ROBERT E SWEIGART C/0 APT 701 208 SENATE AVE CAMP HILL PA 17011-2356 CUT ALONG THIS LINE - RETAIN LOWER PORTION FOR YOUR RECORDS -~1 -------------- REV-1548 EX AFP (01-03) ------~----------------------------- ------------------- - - ------------------- NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS, AND ASSESSMENT OF TAX ON JOINTLY HELD OR TRUST ASSETS DATE 10-27-2003 ESTATE OF SWEIGART BERTHA M DATE OF DEATH 05-24-2002 COUNTY CUMBERLAND FILE N0. 21 02-0518 S.S/D.C. N0. 179-44-9531 TAX RETURN WAS: (X) ACCEPTED AS FILED ( ) CHANGED ACN 02149809 JOINT OR TRUST ASSET INFORMATION FINANCIAL INSTITUTION: ALLFIRST BANK ACCOUNT N0. 87008000179806 TYPE OF ACCOUNT: C ) SAVINGS ( ) CHECKING ( ) TRUST ( ~ TIME CERTIFICATE DATE ESTABLISHED 06-30-1983 Account Balance Percent Taxable Amount Subject to Tax Debts and Deductions Taxable Amount Tax Rate Tax Due TAX CREDITS: PAYMENT I RECEIPT DISCOUNT (+) DATE NUMBER INTEREST/PEN PAID (-) INTEREST IS CHARGED THROUGH 11-04-2003 AT THE RATES APPLICABLE AS OUTLINED ON THE REVERSE SIDE OF THIS FORM NOTE: TO INSURE PROPER CREDIT TO YOUR ACCOUNT, SUBMIT THE UPPER PORTION OF THIS NOTICE WITH YOUR TAX PAYMENT TO THE REGISTER OF WILLS AT THE ABOVE ADDRESS. MAKE CHECK OR MONEY ORDER PAYABLE T0: "REGISTER OF WILLS, AGENT." AMOUNT PAID TOTAL TAX CREDIT BALANCE OF TAX DUE INTEREST AND PEN. * IF PAID AFTER THIS DATE, SEE REVERSE FOR CALCULATION OF ADDITIONAL INTERES DUE ( IF TOTAL DUE IS LESS THAN 51, NO PAYMENT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT" ( CR), YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS. ) 1,251.76 X 0 500 625.88 - .00 625.88 X 15 93.88 .00 93.88 3.25 97.13 Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 phone: (717) 240-6345 Date: 4/15/2005 RADCLIFF DAVID H 20 ERFORD ROAD SUITE 200 LEMOYNE, PA 17043 RE: Estate of SWEIGART BERTHA M File Number: 2002-00518 Dear Sir/Madam: It has come to my attention that you have not filed the Status Report by Personal Representative (Rule 6.12) in the above captioned estate. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO.1, for decedents dying on or after July I, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 5/24/2005 Your prompt attention to this matter will be appreciated. Thank You. Sincerely, ~~~ GLENDA FARNER STRASBAUGH REGISTER OF WILLS cc: File Personal Representative(s) Judge r:I- ~u~~~erlana county - xe~ister Ot Wills One Courthouse Square Carii.Sie, PA ._7013 Phone: (717) 2~ 0-6345 Date: 4/15/2005 GAMBLER JOHN L II 1214 LOCUST ST #3 PHILADELPHIA, PA 19107 RE: Estate of GAMBLER JOHN L File Number: 2002-00524 Dear Sir/Madam: It has come to my attention that you have not filed the Status Report by Personal Representative (Rule 6.12) in the above captioned estate. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. 1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 5/27/2005 Your prompt attention to this matters will be appreciated. Thank You. Si -`cerely~, ~.~~. GLENDA FARNER STRASBAUGH REGISTER OF WILLS cc: File Counsel ..Ti.lu,..._ `.7 ~J Cumberland County - Register Of Wills •----. Gne Courthouse Square Carlisle, PA 17013 Phone:(717) 240-6345 Date: 4/15/2005 SWEIGART DALE J 902 PARK PLACE SLATER, MO 65349 RE: Estate of SWEIGART BERTHA M File Number: 2002-00518 Dear Sir/Madam: It has come to my attention that you have not filed the Status Report by Personal Representative (Rule 6.12) in the above captioned estate. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. 1, fo.r decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 5/24/2005 Your prompt attention to this matter will be appreciated. Thank You. Sincerely, ,r ~ ., ;.~ .. ;, f` GLENDA FARNER STRASBAUGH REGISTER OF WILLS cc: File Counsel Judge Cumberland County - Register Of Wills One Courthouse Square ~~ Carlisle, PA 17013 Phone:(717) 24~-6345 Date: 4/15/2005 RADCLIFF DAVID H 20 ERFORD ROAD SUITE 20C .' LEMOYNE, PA 17043 RE: Estate of SWEIGART BERTHA M File Number: 2002-00518 Dear Sir/Madam: It has come to my attention that you have not filed the Status Report by Personal Representative (Rule 6.12) in the above captioned estate. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, N0. 103 SUPREME COURT RULES DOCKET NO. 1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 5/24/2005 Your prompt attention to this matter will be appreciated. Thank You. Sincerely, GLENDA FARNER STRASBAUGH REGISTER OF WILLS cc: File Personal Representative(s) Judge r1Y3,o Cumberland County - Register Of Wills One Courthouse Square ~'~ Carlisle, PA 17013 Phone:(717) 240-6345 Date: 4/15/2005 RADCLIFF DAVID H 20 ERFORD ROAD SUITE 200 .' LEMOYNE, PA 17043 RE: Estate of SWEIGART BERTHA M File Number: 2002-00518 Dear Sir/Madam: It has come to my attention that you have not filed the Status Report by Personal Representative (Rule 6.12) in the above captioned estate. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, N0. 103 SUPREME COURT RULES DOCKET NO, 1, far decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall. file with the Register of Wills a Status Report of completed or urcompleted administration. This filing is due by: 5/24/2005 Your prompt attention to this matter will be appreciated. Thank Yau. Sincerely, ~LENDA FARNER STRASBAUGH REGISTER OF WILLS cc: File Personal Representative(s) - Judge - i '7Y 3 ,7 Estate of SWEIGART BERTHA M Late of EAST PENNSBORO TOWNSHIP ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Estate No.: 21-02-00518 Date: 6/10/2005 NO.: 21- 02 -00518 SWEIGART DALE J 902 PARK PLACE SLATER MO 65349 NOTICE OF FAILURE TO FILE STATUS REPORT AND REQUEST TO CONDUCT A HEARING PURSUANT TO RULE 6.12, SUPREME COURT ORPHANS' COURT RULE Personal Representative: SWEIGART DALE J Personal Representative Counsel: ** NO INFORMATION FOUND ** Date of Decedent's Death: 5/24/2002 Date of Delinquency Notice: 5/24/2005 The undersigned, Glenda Farner Strasbaugh, Clerk of Orhans' Court, in accordance with rule 6.12, Supreme Court Orphans' Court Rules, hereby notifies the Orphans' Court Division, Court of Common Pleas of Cumberland County, that neither the above named personal representative nor their counsel, have filed with the Register of Wills or Clerk of Orphans' Court, his/her Status Report required by Rule 6.12, Supreme Court Orphans' Court Rule, and that the requisite notice, pursuant to Rule 6.12, Supreme Court Orhans' Court Rules, was given by the Clerk of Orphans' Court on 4/07/2005 and that the ten (10) day notice to file the status report has expired. Accordingly, in accordance with Rule 6.12 the Court is hereby notified of such delinquency and the undersigned requests that a Court conduct a hearing to determine whether sanctions should be imposed upon the delinquent personal representative or their counsel. cc: File Personal Representative Counsel .~~~ Glenda Farner Strasbaugh Clerk of Orhans' Court A hearing is scheduled for July 08. 2005 at 9:30 AM in Courtroom No. 03. If the Status Report is filed prior to the hearing date, the hearing will automatically be cancelled. ~41;:~ Geor6 JI'llf' P. J 1 cd UNITED STATES POSTAL SERVICE c c~ i:r2. First-Class Mail Postage & Fees Paid USPS Permit No. G-10 · Sender: Please print your name. address, and ZIP+4 in this box · CLbKK OF'Tlif! ORPItANS' COURT Cwnberland County Courthouse One Courthouse Square Carlisle, P A 17013 \ "I ii L Il i Ii ""l! \i il Ii III iLl, ii, i \ 111111 \i L \. ,\ I i Ill! i i.l