HomeMy WebLinkAbout03-18-15 FAFILESUients\14474 Blake\]4474.1.mot.summaryjudgment.wpd
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Seth T. Mosebey, Esquire
7Z:0 71
I.D. No. 203046 )
David A. Fitzsimons, Esquire co
I.D. No. 41722
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF
Ernest H. Blake, Deceased CUMBERLAND COUNTY, PENNSYLVANIA
Late of Lower Allen Township ORPHANS' COURT DIVISION
Cumberland County, PA NO. 21-12-0088
MOTION FOR PARTIAL SUMMARY JUDGMENT OF PAMELA VAZQUEZ
EXECUTRIX OF THE ESTATE OF ERNEST H. BLAKE
AND NOW, comes Pamela Vazquez, Executrix of the Estate of Ernest H. Blake, by her
attorneys, Martson Law Offices, and hereby files this Motion for Partial Summary Judgment as
follows:
1. Ernest H.Blake("Decedent")is a deceased individual who passed away at his home
located at 314 Manchester Road,Camp Hill,Pennsylvania,on January 17,2012. A true and correct
copy of the Certificate of Death is attached hereto as Exhibit "A" and is incorporated herein by
reference.
2. Decedent died testate leaving a Last Will and Testament dated September 2,2011 (the
"Will"). A true and correct copy of Decedent's Will is attached hereto as Exhibit "B" and is
incorporated herein by reference.
3. On January 23, 2012, Decedent's Will was duly probated, and letters testamentary
were granted to Pamela Vazquez("Movant").
4. Movant is one of Decedent's grandchildren.
5. Pursuant to the terms of the Will, the sole heirs under the Will were Decedent's
grandchildren and great-grandchildren.
6. Pursuant to Paragraph 3 of the Will, Decedent explicitly disinherited his sole
surviving child, Patricia Bowser("Objector").
7. Despite being explicitly disinherited by Decedent,Objector,without the knowledge
or consent of Movant or any other fiduciary of Decedent's Estate, entered into a contract with
Parthemore Funeral Home to arrange for the cremation of Decedent. A true and correct copy of the
contract entered into between Objector and Parthemore Funeral Home is attached hereto as Exhibit
"C" and is incorporated herein by reference.
8. Parthemore Funeral Home contacted Movant regarding the cremation arranged by
Objector prior to proceeding with the cremation.
9. Once Movant learned of the contract entered into by Objector,the parties exchanged
correspondence attempting to negotiate a resolution of the issue. True and correct copies of the
correspondence exchanged between the parties are attached hereto as Exhibit "D" and are
incorporated herein by reference.
10. According to correspondence from Movant's counsel to Objector's counsel,Movant
agreed to allow Objector to proceed with the cremation but would not reimburse her for her
expenses. Alternatively,Movant would reimburse Objector for her expenses if she did not wish to
proceed with the cremation and permitted Movant, as the personal representative of the Estate, to
proceed with the cremation.
11. Objector proceeded with the cremation and retained possession of Decedent's ashes.
12. Without notifying Movant, Objector proceeded to inter Decedent's remains at
Arlington National Cemetery on or about July 12, 2012.
13. On December 13, 2013, Movant filed a First and Final Account (the "Account") to
conclude her administration of Decedent's estate. A true and correct copy of the Account is attached
hereto as Exhibit"E" and is incorporated herein by reference.
14. On February 12, 2014, Objector filed Objections to the Account seeking
reimbursement for, among other things,various funeral related expenses. A true and correct copy
of the Objections filed by Objector is attached hereto as Exhibit"F" and is incorporated herein by
reference.
15. Specifically,Objector seeks reimbursement for the following expenses(collectively,
the "Expenses"):
a. $2,961.48 to Parthemore Funeral Home;
b. $294.00 to Dugan Funeral Home for the urn;
C. $2,566.50 in attorney's fees;
2
d. $350.00 to O'Sullivan's Irish Pub & Restaurant for catering for the Wake;
e. $575.20 to Lancaster Homebrew for wine for the Wake;
f. $1,200.00 to Charlie Zahm and Tad Marks for music services for the Wake;
g. $300.00 to Reverend Craig A. Loewen for the funeral service;
h. $104.65 to Penrac,LLC,for a vehicle rental to transport Decedent to medical
appointments prior to his death; and
i. $922.92 to Penrac, LLC, for a vehicle rental to make funeral arrangements
after Decedent's death.
16. Objector entered into contracts for each of the Expenses without the consent,
participation or knowledge of Movant.
17. The pleadings are closed in this matter.
18. No discovery remains outstanding, and neither party intends to conduct any further
discovery.
19. Pursuant to Rule 3.1 of the Pennsylvania Orphans'Court Rules,pleading and practice
in the Orphans' Court Division shall conform to the pleading and practice in equity in the local Court
of Common Pleas.
20. Pursuant to Pennsylvania Rule of Civil Procedure 1035.2, "[a]fter the relevant
pleadings are closed, but within such time as not to unreasonably delay trial, any party may move
for summary judgment in whole or in part as a matter of law [] whenever there is no genuine issue
of material fact as to a necessary element of the cause of action [] which could be established by
additional discovery."
21. Movant now moves for partial summary judgment because she is entitled to judgment
as a matter of law.
22. When determining whether a party is entitled to summary judgment, the court
"view[s]the evidence and all inferences reasonably drawn therefrom in a light most favorable to the
non-moving party." Seaton v.East Windsor Speedway, nc.,582 A.2d 13 80, 13 82(Pa.Super. 1990).
23. Objector claims entitlement to reimbursement for the Expenses based on Paragraph 1
of the Will, which generally provides that all funeral expenses shall be paid from the residuary of
Decedent's Estate(See the Will at¶ 1)and based upon her authority to dispose of the remains as set
forth in Section 305 of the Pennsylvania Estates and Fiduciaries Code (Objections at¶ 3.)
3
24. Objector ignores the fact that she was expressly disinherited by Decedent's Will. (See
the Will at¶3.)
25. Under Pennsylvania law, Objector did not have authority over the disposition of
Decedent's remains.
26. Section 305 of the Pennsylvania Estates and Fiduciaries Code states that"[i]f there
is not a surviving spouse, absent an allegation of enduring estrangement, incompetence, contrary
intent or waiver and agreement which is proven by clear and convincing evidence,the next of kin
shall have sole authority in all matters pertaining to the disposition of the remains of the decedent."
20 P.S. § 305(c).
27. Under the definition of "next of kin" set forth in Section 305, Objector would
normally have sole authority in all matters pertaining to disposition of the Decedent's remains.
28. Here, however, there is clear and convincing evidence of enduring estrangement
between Objector and Decedent, as well as contrary intent.
29. Contrary intent is defined as "[a]n explicit and sincere expression, either verbal or
written, of a decedent adult or emancipated minor prior to death and not subsequently revoked that
a person other than the one authorized by this section determine the final disposition of his remains."
20 P.S. § 305(e).
30. Enduring estrangement is defined as"[a] physical or emotional separation from the
deceased at the time of death of the person authorized by this section to determine the final
disposition of the decedent's remains, which has existed for a period of time that clearly
demonstrates an absence of due affection, trust and regard for the deceased." 20 P.S. § 305(e).
31. Objector did not contest the Will.
32. Because Objector did not contest the Will within one year of probate, the Will is
deemed to be valid, and the Estate is to be administered in accordance with the terms of the Will.
33. Paragraph 3 of the Will, which expressly disinherits Objector, expresses contrary
intent under Section 305.
34. Paragraph 3 of the Will is also clear and convincing evidence of the enduring
estrangement between Decedent and Objector.
35. Even though Objector did not have authority over Decedent's remains, Objector
proceeded with incurring the Expenses without the knowledge,participation or consent of Movant.
4
36. Decedent's disinheritance of Objector was never revoked.
37. Because Objector did not properly have authority to make disposition of Decedent's
remains, she should not be reimbursed for the Expenses for which she unilaterally contracted.
38. Consequently,as a matter of law, Movant is not required to reimburse Objector for
the Expenses.
WHEREFORE, Movant, Pamela Vazquez, Executrix of the Estate of Ernest H. Blake,
demands that partial summary judgment be entered in her favor and against Objector, Patricia
Bowser, and that Movant shall not be required to reimburse Objector for the expenses set forth in
Paragraph 15 of this Motion.
MARTSON LAW OFFICES
,2By: �,�/ J. otA
Seth T. Mosebey, Ese
I.D. No. 203046
David A. Fitzsimons, Esquire
I.D. No. 41722
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: Attorneys for Pamela Vazquez, Executrix for the
Estate of Ernest H. Blake
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EXHIBIT B
F,%F11kZCimtsU4474 D1Ake\14474.1.wi11
LAST WILL AND TESTAMENT
I,ERNEST H.BLAKE,of Lower Allen Township,Cumberland County,Pennsylvania,being
of sound and disposing mind and memory,do hereby make,publish and declare this to be my Last
Will and Testament,hereby revoking any and all former Wills or Codicils made by me.
I direct that all my legally enforceable debts,funeral expenses,testamentary expenses and
all death taxes(whether such taxes may be payable by my estate or by any recipient of any property)
shall be paid from my residuary estate as soon as practicable after my decease and as part of the
administration of my estate. My Executrix shall have no duty or obligation to obtain reimbursement
for any such tax so paid,even though on proceeds of insurance or other property not passing under
this Will.
2.
I give such items of personalty as are itemized in a certain list,if any,to the persons named
thereon,which list is signed and dated by me at the end thereof.
3.
1 have intentionally failed to provide for my daughter,PATRICIA BOWSER. Insofar as I
have failed to provide in this Will for my said daughter, such failure is intentional and not
occasioned by accident or mistake.
4.
I give, devise and bequeath all the rest, residue and remainder of my estate, of whatever
nature and wherever situate,in equal shares,unto my grandchildren and great-grandchildren who are
living at the time of my death.
5.
In the event any of my said great-grandchildren have not attained the age of eighteen(18)
years at the time for distribution,his or her share shall be held by his or her parents,in trust,for the
following purposes:
a. I direct that such trustee(s)shall hold,invest and reinvest the same,collect the income
arising therefrom,and after paying all expenses incident to the management of the trust,to use and
[Initials]
Page I of 4 Pages
Exhibit "B';'
apply as much of the income and principal as may be necessary in the sole discretion of such
trustee(s)for the support,well-being and education of the beneficiary of such trust.
b. I direct that the beneficiary of such trust shall have the right of withdrawal of the
principal and any accumulated income of such trust as he or she attains the age of eighteen(18)
yam•
C. Prior to the distribution of the principal, the said trustee(s) shall have the sole
discretion to invade the principal of such trust for the support, maintenance and education of the
beneficiary thereof,regardless of age.
d. To the extent that the same is permitted by law,none of the beneficiaries hereunder
shall have any power to dispose of or to charge by way of anticipation any interest given to such
beneficiary;and all sus payable to such beneficiaries hereunder shall be free and clear of the debts,
contracts, alienations and anticipations of the beneficiaries, and all liabilities for levies and
attachments and proceedings of whatsoever kind,at law or in equity.
6.
I nominate,constitute and appoint mygranddaughter,PAMELA B.VAZQUEZ,as Executrix
of my estate.
7.
I direct that all fiduciaries acting under this Will,whether or not named herein,shall not be
required to give bond for the faithful performance of their duties in any jurisdiction.
8.
1 authorize and empower my Executrix and trustee(s),in their sole and absolute discretion,
to purchase or otherwise acquire and retain any investments of which I die seized or any real or
personal property of any nature;to sell, lease,pledge,mortgage, transfer, exchange,dispose of or
grant options in regard to any or all property of any kind forming a part of my estate for such terns
and such prices as they may deem advisable;to borrow money for any purposes connected with the
protection and preservation of my estate;to mortgage or pledge any real orpersonal property forming
a part of my estate or to join in or secure the partition of same; to compromise any claims or
demands of my estate against others or of others against my estate;to make distribution in kind and
[Initials]
Page 2 of 4 Pages
to cause any share to be composed of cash, property or undivided fractional shares in property
different in kind from any other share; to employ agents, attorneys and proxies and to delegate to
them such power as my Executrix and trustee(s) consider desirable and to pay reasonable
compensation for such services as may be rendered by such agents, attorneys and proxies; and to
execute and deliver such instruments as may be necessary to carry out any of these powers. In
addition,I direct that my Executrix shall have the power to conduct an inventory of any safe deposit
box necessary to the administration of my estate.
IN WITNESS WHEREOF I have hereunto set my hand and seal this 2nd day of September,
2011. {
(SEAL)
Ernest H.Blake
SIGNED,SEALED,PUBLISHED AND DECLARED by the above-named Testator,as and
for his Last Will and Testament,in the presence of us,who at his request,have hereunto subscribed
our names as witnesses thereto,in the presence of the said Testator and of each other.
..
Page 3 of 4 Pages
COMMONWEALTH OF PENNSYLVANIA )
SS.
COUNTY OF CUMBERLAND )
We,Ernest H.Blake,Seth T.Mosebey,and -(—,O rr�n e. �fTS=the Testator
and the witnesses,respectively,whose names are signed to the foregoing instrument,being first duly
sworn, do hereby declare to the undersigned authority that the Testator signed and executed the
instrument as his last Will and that the Testator has signed willingly,and that the Testator executed
it as his free and voluntary act for the purposes therein expressed,and that each of the witnesses,in
the presence and hearing of the Testator,signed the Will as a witness and that to the best of his/her
knowledge the Testator was at that time eighteen years of age or older,of sound mind and under no
constraint or undue influence.
Ernest H.Blake,Testator
^ h
J •
Witness
Witness
Subscribed, sworn to and acknowledged before me by Ernest H. Blake, the Testator, and
subscribed and sworn to before me by Seth T.Mosebey and ((1Jrr c fl e 4. 61 t?rs
the witnesses,this 2nd day of September,2011.
alL114w) A GL
COMMONWEALTH OF MNSYWANIA No blic
N rlet Seat
Mary M.Price,Notary PO k
Cavig 60%cumbOod 1BCou tY
tctrarai Ate•
'M84K&MW4nVXWP.-)QA70=--AR05
Page 4 of 4 Pages
EXHIBIT C
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A Family Tradition Of Caring
RAW
PARTHEMOR.E FunQr e & Cremation Services, Inc.
Ms.Patricia A.Bo 1t19I201 Z
101 N.Prince St.,Aff 310
SHippensburg,PA 17257
For the Services of Bmest H.Blake
1303 Bridge Street We sincerely appreciate the confidence you have placed in us and will continue to assist you in every way
P,O, Box 431 we can. Please feel free to contact us if you have any questions in regard to this statement. The folio deg
New Cumberland,PA 17070 is an itemized statement of the services,facilities,automotive equipment and merchandise that you selected
(717) 774-7721 when making the funeral arrangements.
(Fax)774-5546 Terms Due Date Account#
www.parthem•ore.com 1/19/2012 2012006.1
Description Amount
SERVICES&MERCHANDISE
Direct Cremation 2,320.00
Gilbert W.Parthemore, Transfer of Remains to Hershey Medical Center 415.00
Founder 'fatal Services and Merchandise 2,735.00
Gilbert J. Parthemore,
Supervisor CASH ADVANCE ITEMS
Stephon K. Parthemore, Death Notice,Harrisburg Patriot 41.48
CFSP 10 Certified Copies of Death Certificate 60.00
County Coroner Fee,Cremation Authorization 25.00
Bruce R.Parthemore, Total Cash Advances 126.48
Pre-Need Coordinator,CPC
ADDITIONAL ITEMS
Keepsake Urn,"Going Home" 45.00
SS Standard Charm with Birthstone& 18"Chain 182.00
Dolphin Silver Charm 150.00
Professional Memberships: SS Snake with Chain 60.00
Keepsake Urn do Jewelry Not Used -437.00
NFDA•PFDA Refrigeration(30 Days @ SM/Day) 750.00
DCFDA•CCFDA
Total Additional Items 750.00
Courtesy Discount -650.00
Vic Rulr You Know,
rhe People You 71-usr Overpayment Refired 337.00
Total $3,298.48
Payments/Credits $•3,298,48
Balance Due $0.00
' Exhibit "C"
EXHIBIT D
WOLF & WOLF
ATTORNEYS AT LAW
NATHAN C.WOLF 10 WEST HIGH STREET STAGY B.WOLF
CARLISLE,PENNSYLVANIA 17013
PHONE wolfandwolf@embagqmail.com FACSIMILE
717-241-4436 717-241-4437
February 1,2012
VIA FACSIMILE AND REGULAR MAIL
Kathleen K. Ryan,Esquire
7 Boxwood Lane
Camp Hill,PA 17011
Seth T.Moseby,Esquire
Mattson Law Offices
10 East High Street
Carlisle,PA 17013
Re: Ernest H. Blake
Dear Attorneys Ryan and Moseby:
As you are aware,I have been retained to represent Patricia A.Bowser regarding the remains
of her Father,Ernest H. Blake. Pursuant to 20 Pa.C.S. §305,Ms. Bowser,as next of kin,has
directed that the Parthemore Funeral Home cremate the remains of her Father and release the
remains to her,and that she desires to be present for the cremation. It is my understanding that Mr.
Blake's granddaughter and executrix,Pamela Vasquez,is not opposed to the cremation but is
opposed to my client being present and to the release of the cremated remains to my client. Further,
it is my understanding that Attorney Ryan intends to file a petition with the court on behalf of the
funeral home alleging enduring estrangement.
First,I believe any such petition is time barred as no petition was filed within 48 hours of
Mr.Blake's death. Although I am aware there was a no trespass letter issued by Mr.Blake to my
client in September of 2011,this no trespass notice was rescinded by letter signed by Mr.Blake last
month. I have enclosed a copy of the letter rescinding the no trespass letter for your reference.
Further,if a hearing is scheduled,there is ample evidence that Ms.Bowser was taking her father for
treatment, they dined together,and she ran errands for him including grocery shopping prior to his
death.
Based on the above,clearly the position that Ms.Bowser was estranged from her father is
meridess. Thus,I would request that an agreement be reached that legal action will not be pursued
and instead,the Parthemore Funeral Home will proceed as Ms.Bowser has directed. Should a
petition be filed instead,we will seek counsel fees for this meridess claim.
Exhibit "D"
February 1,2012
Ernest H.Blake
Page No.2
Thank you for your time and attention in this matter. Please advise if this matter can be
resolved or if you intend to file a petition with the Court.
Very truly,yours,
Stacy B. o
Enclosure
cc:Patricia A.Bowser
NOTICE OF REVOCATION OF TRESPASS NOTICE
Patricia Bowser
101 North Prince St.
Shippensburg, PA 17257
This letter is to inform you of the fact that as of today you,
Patricia Bowser, are once again allowed in and around the
premises of Ernest Hayward Blake located at 314 Manchester
Rd:, Camp Hill, PA. and will no longer be considered as a
"TRESPASSER". Further, that neither the Lower Allen Police, nor
any other Law Enforcement agencies, will be called away from
their important duties neither to deal with this situation nor to
arrest you.
This letter, along with a copy of the certified, registered
mail receipt is being sent to the Lower Allen Police
Department for their information and is to be filed with the
previous "LETTER OF TRESPASS NOTICE".
I sincerely apologize for any inconvenience this family situation
has caused.
Sincerely,
Date-,
Ernest H. Blake
314 Manchester Rd
Camp Hill, PA, 17011
CC: Lower Allen Police Department
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EAs'r HIGH STREET HUBER'r X.GILROY R.C.VANLANDINGI IAM
CARLISLE,PENNSYLVANIA 17013 GEORGE B.FALI,rR JR.*
TELF.PHONF, (717)243-3341 *BOARD CERTIFIED CIVII.TRIAL SPECIALIST
F,\t.sLmir.F (717)243-1850 February 9, 2012
INTGRNB'r wwwmartsontawcom
VIA FACSIMILE ONLY: 241-4437
Stacy B. Wolf, Esquire
WOLF & WOLF.
10 West High Street
Carlisle, PA 17013
RE: Estate of Ernest H. Blake
Our File No. 14474.1
Dear Attorney Wolf:
As you know, we represent Pamela Vazquez, executrix of the Estate of Ernest Blake. I am
writing to confirm that our client is agreeable to your client attending the cremation of Mr. Blake's
remains.
In addition, our client is willing to allow Ms. Bowser to have possession of Mr. Blake's
remains. We understand that your client has agreed to pay for all of the expenses associated with
the cremation and storage of Mr.Blake's body without any reimbursement from the Estate. We will
honor that agreement.
Please confirm as soon as possible, in writing, whether your client is prepared to proceed
with the cremation of Mr. Blake's remains.
Should you have any questions regarding this matter, please do not hesitate to contact our
office.
Very truly yours,
MARTSON LAW OFFICES
3-o J
Seth T. Mosebey
STM/mmp
cc: Ms. Pamela Vazquez
Kathleen Ryan, Esquire (via facsimile only: 545-7360)
F:\FILES\Clients\14474Blake\14474 l.swl
INFORMATION - ADV I CE - ADVOCACY SM
FROM (THU)FEB 9 2012 16:32/ST. 16:31/Ho.9301851434 P 2
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WOLF & WOLF
ATTORNEYS AT LAw
NATHAN C.WOLF 10 WEST HIGH STREET STACY B.WOLF
CARLISLE,PENNSYLVANIA 17013
PTIONR wolfan wolfnjrmbargmail.corn FACSIMILE
717-241-4436 717-241-4437
February 9,2012
VIA FACSIMILE ONLY
Seth T.Mosebey,Esquire
Mattson Law Offices
10 East High Street
Carlisle,PA 17013
Re: Ernest H.Blake
Dear Attorney Mosebey:
Enclosed plwc find a copy of the Parthemore Funeral h.[ome invoice dated January 19,
2012 paid by my client.related to cremation services for Ernest Blake. Although this invoice was
paid by Ms.Bowser,she did not intend to pay it witbout being reimbursed by the Estate,especially
in light of what Mr. Blake provided in his Will. As you are aware,Mr. Blake's Will provided that all
fancral expenses would be paid from his residuary estate. Further,any storage fees should also be
paid by the Estate because these fees are related funeral expenses and were made necessary due tc.►
the delay in the cremation because your client would not agree until now that my client could be
present for the cremation and have the remains released to her possession.
Please confirm whether the Estatc will be reimbursing Ms.Bowser and agreeing to pay any
outstanding storage fee or other related cremation charges. Thank you for your time and attention
in this matter.
Very truly yours,
Stacy B. o
Enclosure
cc.Patricia A.Bowser
FROM (THU)FEB 8 2012 18:32/ST. 18:31/Ho.8301851434 P 3
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A Family Tradition Of Caring`
PA RTHEMORE Fu le & Cremation Services, Inc.
Ms.Patricia A.Bo 1/19/2011,
101 N.Prince St, t.310
SHippensburg,PA 17257
For the Services of Ernest H.Blake
I W1 Uridge Strua We Sincerely appreciate the confidence you have placed in us and will continue to moist you in every Way
RO. Rax 431 we c*n Please foci free to coatact us if you nave any questions in regard to this statement. The,fallowing
Ncw Cumberland, PA 17071.1 is an itemized statement of the services,facilities,automotive equipment and nwchandise that you sciccrod
17171 7747721 when making the funeral arrangements.
II c1x)774-5546 Terms Due Date Account#
��w.p;►rthcmur¢.com 1/19/2012 2012006.1
Description Amount
SERVICES&MERCHANUisre
Direct Cremation 2.320.00
60crt W. Parthemorc. Transfer of Remains to Hershey Medical Center 415.00
Founder Total Services and Merchandise 2,735.00
Gibea J. Parthemore.
SuPorvis��r CASH ADVANCE ITEMS
Stephen K.Parthcmorc, Death Notice,Harrisburg Patriot 41.48
C'FSP 10 Certified Copies of Death Certificate 60.00
County Coroner Fee,Cromadon Authorization 25.00
Bruce k. Parrhemore, Total Cash Advances 126.48
11rc-Need Coordinator.CPC
A>apMONAL irF-MS j
Keepsake Urn,"Going Home" 45.00
SS Standard Charm with Birthstone& 18"Chain 182.00
Dolphin Silver Charm 150.00
11rufessional SS Snake with Chain 60.00
KFDA-PFDA Tout Addition&}itetni 437.00
DUDA-CCFDA
rir..wiu-/.YAM NW
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M.l•roplr Yin,r,,,,f
Total 53,298.&9
Payments/Credits S-3,298.48
s
Balance Due so.00
TO 3ENcl &%M08 WIDl&VC1 99EEGOELTL E0 ALT ZTOZ/68/ZB
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ON JOHN B.FovA.RR III CHRisT0PHt,,R E.Rio-,
LAW OFFICES DANIEL K.DF-ARDORFF JENNIFER L. SPEARS
THom,\s J.W[UJAMS* SrTH T.MosEBEY
IvoV 0-i'To III Kum J.NlAxwrU
10 EAST HIGH STREET HUBrRT X.Git.Roy R.C VANLANDINGHANI
CARLISLE, PENNSYLVANIA 17013 GEORGi"B.FALLER JR.*
TELEPHONE (717)243-3341 *BOAPD CF.Rnnm Civu.TRLAL SPECIAUIn'
FACSIMILE (717)243-1850
INTERINFT xvwwmartsorl awxom
February 14, 2012
VIA FACSIMILE ONLY: 241-4437
Stacy B. Wolf, Esquire
WOLF & WOLF
10 West High Street
Carlisle, PA 17013
RE: Estate of Ernest H. Blake
Our File No. 14474.1
Dear Attorney Wolf:
Your client has agreed to pay for the cremation services for Mr. Blake and may proceed. If
you client does not wish to proceed, then we will move forward with the cremation and will
reimburse your client for the expenses that she has incurred.
Should you have any questions regarding this matter, please do not hesitate to contact our
office.
Very truly yours,
MARTSON LAW OFFICES
Seth T. Mosebey
STM/mmpj
cc: Ms. Pamela Vazquez
Kathleen Ryan, Esquire (via facsimile only: 545-7360)
F:\F1LES\Chents\14474 Blake\14474.I.sw2
N F 0 R M A T 1 0 No ADV ICE o A D v o C A C Y 'M
FROM (TUE)FES 14 2012 18:48/ST. 18:48/No.9301851441 P 2
&
WOLF & WOLF
ATTORNE"AT IAW
NATHAN C.WOLF 10 WEST H IG I I STRE Lel' STACY B.W01Y
CARLISLE,PENNsyLvAmA 17013
PTION8 MEol FAUSIMILh
f2tjjdW0LQktnh2M mail.c o m
717-241-4436 717-2414437
Febmary 14,2012
VIA FACSIMILE ONLY
Seth T.Mosebey,Esquire
Martson Law Offices
10 East High Street
Carlisle,PA 17013
Re: Ernest H.Blake
Dear Attorney Mosebey:
After speaking with you on the phone, I spoke with Ms. Bowser to confirm the expenses she
is"eking reirnburziernent of. Our proposal is as follows:
a) the Estate reimburses Ms.Bowser for$2,386.48 of the expenses she has already paid to
the Parthemore Funeral Home which are as follows:
(1) $2,320.00 for direct cremation
(ii) $41-48 for Death Notice,Harrisburg Patriot
(iii) $25.00 for County Coroner Fee,Cremation Authorization;
b) the Estate reimburses Ms.Bowser for$229.00 she is paying to Dugan Funeral Home for
the urn;and
c) the Estate agrees to pay the invoice for storage fees to Parthemore Funeral I-10mc.
If your client agrees to the above,Ms.Bowser agrees to pay for any additional charges,
without reimbursement from the Estate,associated with her decision to have the Cremation
performed at the Dugan Funeral Home.
Please advise if this proposal is acceptable to your client My client intends to schedule the
cremation upon receipt of your acnes response.
0
Very may Y7
Stacy ON
cc:Patricia A.Bowser
. AR,- sON DEAI� DOR1,Fa IT.L.I.AMS l~�'.FT0 ,x1LR.QY FAl:. 1P
MART S O N WILLUum E NIARTSON DAVID A. Fi7 7SlMONS
JOHN B.FOWLFR III CHRISTOPHER E.Iba
LAW OFFICES DANIEI.K.DEARDORFP JENNIFER L.SPIiARS
THo;\m J.WILLiAMs* SETH T.NIOSEBEY
NO V 0yro III 1{ATiF-J.NIAXWF.LI.
10 EAST HIGH STREET HUBERT Y.GILROY R.C.VANLANDINGHAM
CARLISLE,PENNSYLVANIA 17013 GEORGE B.FALLER JR.*
TELEPHONE (717)243-3341
;BOARD CERTIFIED CIVIL TRIAL SPECIALIST
FACSUv11LE (717)243-1850
INTERNET wimmartsonlawcom
February 21, 2012
VIA FACSIMILE ONLY: 241-4437
Stacy B. Wolf, Esquire
WOLF & WOLF
10 West High Street
Carlisle, PA 17013
RE: Estate of Ernest H. Blake
Our File No. 14474.1
Dear Attorney Wolf:
This correspondence is in follow up to your client's proposal which you provided to us on
February 14, 2012. The Estate is not willing to make any reimbursement to your client for the
contract entered into with Parthemore. That is strictly an issue between your client and Parthemore.
Of the expenses which your client has requested the Estate to share, the Estate is willing to
pay$200.00 to Parthemore in partial satisfaction of the storage fees. This offer is contingent upon
the Estate receiving a portion of Mr. Blake's ashes.
Please let me know how your client wishes to proceed.
Very truly yours,
MARTSON LAW OFFICES
J
Seth T. Mosebey
STM/mmp
cc: Ms. Pamela Vazquez
F:\FILES\C1ients\14474 Blake\14474.Lsw3
INFORMATION • ADVICE • ADVOCACY 5M
MARTSON DEARD0R,1-`.F WILUANIS 0-I'To GILROY & FAL,LER
NfAR'-rL S ON WILLIAM F.NMARTsON DAvID A.FITZSIMONS
JOHN B.FowLER III CHRISTOPHFR E.MCF'
LAW OFFICES DANIEL K.DFARDORFF JPNNIFER L.SPEARS
THOMAS J.WiU-IA,',IS* Si-,AI-j T MosrBEY
Ivo V.Orro III KATIE J.MAXWEIJ,
10 EAST H[G H STREET HUBERT X.GILROY R,C.VANLANDINGHAM
CARLISLE,PENNSYLVANIA 17013 GEORGE B.FALLER JR.*
TELEP14ONE (717)243-3341 *BOARD CERTIFIED CML TRIAL SPECIALIST
FAcsi-mILIS (717)243-1850
INTERNET www.martsonlaw.com February 24, 2012
VIA FACSIMILE ONLY: 241-4437
Stacy B. Wolf, Esquire
WOLF & WOLF
10 West High Street
Carlisle, PA 17013
RE: Estate of Ernest H. Blake
Our File No. 14474.1
Dear Attorney Wolf.-
We understand that your client has proceeded with the cremation and that she has possession
of the ashes. Please confirm that this is accurate. If so, this will conclude the matter of the
disposition of Mr. Blake's remains and the expenses associated therewith.
Very truly yours,
MARTSON LAW OFFICES
XMosebey
STM/lump
cc: Ms. Pamela Vazquez
FTILES\Clients\14474 Blake\)4474.Lsw4
INFORMATION • ADVICE * ADVOCACY 'M
WOLF & WOLF
ATTORNEYS AT LAw
NATHAN C.WOLF 10 WEST HIGH STREET STAGY B.WOLF
CARLISLE,PENNSYLVANIA 17013
PHONE wolfandwolf@embarqmail.com FACSIMILE
717-241-4436 717-241-4437
March 30,2012
Seth T. Mosebey, Esquire
Martson Law Offices
10 East High Street
Carlisle, PA 17013
Re: Estate of Ernest H. Blake
Dear Attorney Mosebey:
I am putting you on notice that Ms. Bowser is seeking reimbursement from the Estate of
Ernest H. Blake, for the immediate repayment of the following funeral expenses,in accordance with
the Probate,Estates and Fiduciary Code, along with the specific directions set forth in Mr. Blake's
Will (copies of the invoices are enclosed):
a) $2,961.48 of the expenses she has already paid to the Parthemore Funeral Home which
are as follows:
(i) $2,320.00 for direct cremation
(ii) $415.00 for transfer of remains to Hershey Medical Center
(iii) $41.48 for Death Notice,Harrisburg Patriot
(iv) $60.00 for 10 certified copies of Death Certificate
(v) $25.00 for County Coroner Fee, Cremation Authorization
(vi) $750.00 for refrigeration
(vii) subtracting the courtesy discount of$650.00;and
b) $166.00 of the expenses she has already paid to Dugan Funeral Home for
the single urn.
My client is also seeking reimbursement of the attorney fees that she has paid,to date in the
amount of$1,220.00,necessitated by your client's refusal to abide by Pennsylvania law and allow
Ms. Bowser to cremate her Father's remains in a respectful and timely manner. Upon your request,
I will forward a copy of my invoice to you for your reference.
Should the Estate not reimburse Ms. Bowser for the above expenses in the amount of
$4,347.48,my client will be filing a Proof of Claim.
I submit that reimbursement of these expenses is appropriate as they are deductible to the
Estate for inheritance tax purposes and are within the meaning of the payment of funeral and burial
expenses set forth in the Will. Moreover, the wrongful manner in which your client frustrated Ms.
Bowser's efforts to ensure a proper final disposition of her father's remains should alone serve as a
sufficient basis for reimbursement of the counsel fees. Again, I am putting you on notice that we
l
Wolf&Wolf,Attorneys at Law
Mosebey
March 30,2012
Pagetwo
will file a Proof of Claim with the Register unless repayment is made,and I will file objections to any
First and Final Account, of which I am requesting to be served, that is filed with the Court. Kindly
remind your client that the funds within the Estate are just that,within the Estate and that are not
her funds,while these final expenses of Mr. Blake are clearly the responsibility of the Estate. By the
same token, the necessity of a first and final account and a more onerous process of administration
may be avoided if this matter can be resolved amicably.
I would like confirmation of your client's position on this request by April 9,2012 so that I
may prepare the Proof of Claim,if necessary.
Thank you for your time and attention in this matter.
Very truly yours,
*Stacy . r:olf
Enclosures
cc:Patricia A.Bowser(w/o encls.)
03/26/2012 01:37 7173003366 PATRICIA BOWSE PAGE 02
.A, Family Tradition Of Caring"
0,fiRdpal'',-I—
PARTHEMORE Fu e & Cremation Services, Inc.
map 1W
Ms.Patricia A.Bo 1/19/2012
101 N.Prince St., t.310
SHippensburg,PA 17257
For the Services of Ernest H.Blake
1303 Bridge Street We sincerely appreciate the confidence you have placed in us and will continue to assist you in every way
P.O. Box 431 we can. Please feel free to contact us if you have any questions in regard to this statement The following
New Cumberland,PA 17070 is an itemized statement of the services,facilities,automotive equipment and merchandise that you selected
(717) 774-7721 when making the funeral arrangements.
(Fax) 774-5546 Terms Due Date Account#
www.parthemore.com 1/19/2012 2012006.1
Description Amount
SERVICES&MERCHANDISE
Direct Cremation 2,320.00
Gilbert W.Parthemore, Transfer of Remains to Hmhcy Medical Center 415.00
Founder Total Services and Merchandise 2,735.00
Gilbert J. Parthernore,
Supervisor CASH ADVANCE ITEMS
Stephen K. Parthernore, Death Notice,Harrisburg Patriot 41.48
CFSP 10 Certified Copies of Death Certificate 60.00
County Coroner Pee,Cremation Authorization 25.00
Bruce R.Parthemore, Total Cash Advances 126.48
Pre-Need Coordinator,CPC
ADDITIONAL ITEMS
Keepsake Um,"Going Home" 45.00
SS Standard Charm with Birthstone& 18"Chain 182.00
Dolphin Silver Charm 150.00
Professional Memberships: SS Snake with Chain 60.00
Keepsake Urn&Jewelry Not Used -437.00
NFDA• PFDA Refrigeration(30 Days®$25/Day) 750.00
DCFDA•CCFDA
Total Additional Items 750.00
TL Courtesy Discount -650.00
The Ru/c Yau.Know,
Thr People You D'usr Overpayment Refund 337.00
Total $3,298.48
Payments/Credits S-3,298.48
Balance Due $0.00
03/26/2012 01:37 7173003366 PATRICIA BOWSEF� PAGE 03
AN Invoice
Date ] voice�*
51 Asper Drive, Shippensburg, PA 17257 3/1/2012 334
717 . 532 . 4100
1 Bill TO Ship To
Patricia Bowser
Quantity Rom Code Description Pace Each Amount
I Thumbies Sterling standard cham),chain,September birthstone 203-00 203,OOT
�ij Um Silver Birds,single urn 166-00 166-00
1 Um Heroes Wall keepsake um 389.00 389.00
1 Jewelry Sterling Dolphin pendant um 165-00 165-00
Sales Tax 6.00% 12.18
Visit us at www.l)uganFH.com Total $935.18
MARTSON DEARDORFF WILLIAMS 0 rTO CrILROY (k FALLER
MAPTSON WILLIAM F MAR sON DAVID A.Fr z..SIMONS
JOHN B.FOWLFR III CHRISTOPHER E.RICE
LAW OFFICES DANIEL K.DEARDORFF JENNIFER L.SPEARS
THOMAS J.WILLIAMS* SETH T.MOSEBEY
IVO V.OTTO III KATIE J.MAXWELL
10 EAST HIGH STREET HUBERT X.GILROY R.C.VANLANDINGRAM
CARLISLE,PENNSYLVANIA 17013 GEORGF B.FALLER JR.*
TELEPHONE (717)243-3341 BOARD CERTIFIED CIVIL TRIAL SPECIALIST
FACSIMILE (717)243-1850 April 5, 2012
INTERNET www.martsor law.com
VIA FACSIMILE ONLY: 241-4437
Stacy B. Wolf, Esquire
WOLF & WOLF
10 West High Street
Carlisle, PA 17013
RE: Estate of Ernest H. Blake
Our File No. 14474.1
Dear Attorney Wolf:
This correspondence is in follow up to your letter dated March 30,2012,in which your client,
Patricia Bowser, requested reimbursement in the amount of$4,347.48 for her expenses related to
the cremation, including attorney's fees.
The Estate is not agreeable to the requested reimbursement. We wrote to you on February
14, 2012, and stated that your client agreed to pay for the expenses of the cremation and was
permitted to proceed. If she did not wish to proceed, then the Estate agreed to proceed with the
cremation and reimburse your client for her expenses.
We wrote to you again on February 21,2012,and agreed to pay a portion of the storage fees,
provided that the Estate received a portion of the ashes. We wrote again on February 24, 2012,
requesting confirmation that your client proceeded with the cremation. To date, we have still
received no response, although your correspondence indicates that the cremation did occur.
In any event, the Estate is not willing to provide reimbursement. Your client, through her
conduct, agreed to proceed with the cremation without reimbursement.
Very truly yours,
MARTSON LAW OFFICES
Seth
tsebey
STM/mmp
cc: Ms. Pamela Vazquez
F:\FILES\C1ients\14474 Blake\14474.I.swS.wpd
INFO RMATI0N No ADVICE • ADVOCACY SM
EXIIIBIT E
FAFILESW.Iicrost14474 BIA014474.1.kcount.fonnA,,pd
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
ORPHANS' COURT DIVISION
FILE NO. 21-12-0088
FIRST ANIS FINAL ACCOUNT OF PAMELA B. VAZQUEZ,
EXECUTRIX OF THE ESTATE OF ERNEST H. BLAKE,
LATE OF LOWER ALLEN TOWNSHIP,
CUMBERLAND COUNTY,.PENNSYLVANIA
Social Security Number: 247-20-2920
Tax ID Number: 45-5709045
Date of Death: January 1.7, 20.1.2
Date of Incapacity, if any None
Date of Executor's Appointment: January 23, 2012
Letters Advertised:
Sentinel- January 28, February 4 and 11,2012
Cumberland Law Journal - February 3, 10 and 17, 2012.
Accounting for the period: January 17, 2012 to November 30,2013
Purpose of the Account: Pamela B. Vazquez, Executrix, offers this account to acquaint
interested parties with the transactions that have occurred during the administration.
It is important that the Account be carefully examined. Requests for additional information
or questions or objections can be discussed with:
Seth T. Mosebey, Esquire
MARTSON LAW OFFICES
10 East High Street
Carlisle,PA 17013
(717) 243-3341
Supreme Court No. 203046
Exhibit "E"
SUMMARY OF ACCOUNT
Page Fiduciary
NO. Acquisition
Value
PRINCIPAL
Receipts 3 214,704.38
Net Gains(Losses)on Disposition 4 -364.63
214,339.75
Less Disbursements 8 -75,895.76
Debts of Decedent 4 $ 1,266.27
Administration Expenses 4-7 $ 32,784.49
Federal,State&Local Taxes 8 $ 10,015.00
Fees and Commissions 8 $ 31,830.00
Balance Before Distributions 138,443.99
Distributions to Beneficiaries 8-9 -90,000.00
Principal Balance on Hand 48,443.99
INCOME
Receipts 9 90.07
Income transferred to principal 9 :20.07
Income Balance on Hand 0.00
COMBINED BALANCE ON HAND
-2-
PRINCIPAL RECEIPTS
Assets Listed in Inventory(or Inheritance Tax Return)
(Valued as of Date of Death)
Real Estate
Real estate located at 314 Manchester Road,Camp Hill, Lower Allen 124,000.00
Township,PA
Common Stocks
551.688 Shares, Exelon Corporation(CUSIP 30161N101)at$39.925 22,026.14
Other
Cash in home 2,502.00
Fulton Bank,Checking Acct.No.3622-82053 34,763.46
United States Treasury checks from September to December 2011 not 2,183.00
deposited until after date of death
United States Treasury insurance dividend check issued 11/30/2011 not 77.40
deposited until after date of death
Cashier's check not deposited until after date of death 21,000.00
HSBC Card Services, credit balance refund 166.44
U.S.Treasury,2011 income tax refund 1,021.00
Foremost Insurance Company,homeowner's insurance refund 637.00
U.S.Treasury, 2012 income tax refund 400.00
Tax proration 641.03
Sewer and water, refund 73.98
Pennsylvania Department of Revenue, inheritance tax refund 483.28
Polish National Alliance, life insurance paid to the estate 4,489.58
M&T Bank checking cash bonus 150.00
Income transferred to Principal 90.07
TOTAL PRINCIPAL RECEIPTS 214704.38
-3.
ti
PRINCIPAL GAINS OR LOSSES ON SALES OR OTHER DISPOSITIONS
Cost basis:
01/17/12 551.688 shares of Exelon Corp. 22,026.14
Redeemed:
03/05/12 491.688 shares of Exelon Corp. 19,086.94
04/10/12 60 shares of Exelon Corp. 2,302.71
04/06/12 7.465 shares of Exelon Corp. 271.86 21,661.51
(dividend reinvest)
TOTAL PRINCIPAL GAIN/LOSS (364.63)
PRINCIPAL DISBURSEMENTS
DEBTS OF DECEDENT
02/17/12 Pennsylvania American Water,account payable as of date of 72.15
death
02/17/12 Lower Allen Township,trash/sewer service,account payable 139.85
as of date of death
02/17/12 PPL Electric,account payable as of date of death 197.66
02/17/12 West Shore Meals on Wheels,account payable as of date of 247.80
death
02/17/12 UGI Utilities,account payable as of date of death 161.00
02/17/12 Allied Exteriors,account payable as of date of death 405.00
02/27/12 Comcast, account payable as of date of death 42.81
Total Debts of Decedent 1,266.27
ADMINISTRATION EXPENSES
01/23/12 Register of Wills,Agent,probate fee 323.50
01/24/12 Cumberland Law Journal,legal advertising 75.00
01/31/12 Stock valuation reports 1.55
01/31/12 Register of Wills,.additional short certificates 12.00
02/01/12 Copy of Deed 0.24
-4-
02/02/12 Copies 0.08
02/14/12 United Parcel Service 12.80
02/17/12 Register of Wills, additional short certificate 4.00
02/23/12 The Sentinel, legal advertising 200.16
03/02/12 Register of Wills, additional short certificates 8.00
03/06/12 UGI Utilities 80.00
03/12/12 Pennsylvania American Water 19.25
03/16/12 LifeWatch USA 114.80
03/16/12 United Parcel Service, return LifeWatch equipment 19.00
03/22/12 Bonnie K. Miller,Treasurer(real estate/per capita taxes) 621.89
04/02/12 Lower Allen Township,trash/sewer service 98.05
04/09/12 Pennsylvania American Water 19.29
04/16/12 PPL Electric 85.00
05/16/12 Pennsylvania American Water 19.29
05/16/12 PPL Electric 84.99
06/20/12 Pennsylvania American Water 19.29
06/20/12 PPL Electric 71.99
07/11/12 Lower Allen Township,trash/sewer service 108.95
07/16/12 Pennsylvania American Water 19.36
07/16/12 PPL Electric 71.98
08/07/12 Wilson Lawn& Property Care, LLC 1,171.00
08/17/12 Pennsylvania American Water 19.36
08/17/12 PPL Electric 71.98
09/05/12 Wilson Lawn& Property Care, LLC 148.40
09/14/12 PPL Electric 19.98
09/14/12 Pennsylvania American Water 19.36
09/21/12 Bonnie K. Miller,Treasurer(school taxes) 1,272.93
10/01/12 UGI Utilities 11.74
.5-
10/01/12 Lower Allen Township,trash/sewer service 108.95
10/01/12 Erie Insurance Group,homeowner's insurance 31.00
10/03/12 Wilson Lawn& Property Care,LLC 148.40
10/10/12 Register of Wills, filing fee for Inheritance Tax Return 15.00
10/16/12 Pennsylvania American Water 20.46
10/16/12 PPL Electric 19.98
10/16/12 Foremost Insurance Company,homeowner's insurance 1,581.00
10/25/12 Unique Services-dumpster service and trash removal 955.00
10/25/12 Scott Chapman(I Paint),down payment to paint interior of 550.00
house
11/19/12 United Parcel Service 12.80
11/19/12 Double T Sealcoating,pressure wash house 350.00
11/19/12 Pennsylvania American Water 24.18
12/03/12 Wilson Hardscape Works 148.40
12/21/12 UGI Utilities 14.43
12/21/12 Pennsylvania American Water 22.32
01/04/13 Lower Allen Township,trash/sewer service 117.70
01/16/13 Pennsylvania American Water 19.71
01/16/13 UGI Utilities 13.28
01/25/13 Harry Williams, provided second dumpster 525.00
02/05/13 UGI Utilities 40.71
02/05/13 Clean Break,clean house after painting and kitchen 250.00
upgrade complete
02/05/13 Scott Chapman(I Paint), final payment for painting interior 1,550.00
of house
02/05/13 Todd Deavor,house renovations prior to listing house for 1,140.00
sale
02/14/13 Pennsylvania American Water 21.59
02/14/13 PPL Electric 4.02
02/14/13 Todd Deavor,additional house renovations 200.00
-6-
02/14/13 Lebanon Farms Disposal, balance on use of dumpster 30.00
03/04/13 Harry Williams, reimburse for painting cabinets 375.00
03/08/13 UGI Utilities 99.11
03/08/13 Hang Williams,reimburse for installation of quarter round, 108.93
paint and finishing nails
03/19/13 Harry Williams, reimburse for shipping chest to Executrix 61.10
03/22/13 Pennsylvania American Water 21.59
03/22/13 PPL Electric 51.00
04/19/13 PPL Electric 51.00
04/19/13 Pennsylvania American Water 19.78
04/19/13 UGI Utilities 77.92
04/22/13 B.T. Brenneman Electric,electrical work to bring up to 205.00
code prior to settlement
05/10/13 UGI Utilities 24.63
05/10/13 Earnest money retained by settlement agent 1,000.00
05/10/13 Escrow inheritance tax to Secured Land Transfer 3,747.41
05/10/13 Seller paid closing costs 5,300.00
05/10/13 Real estate commission 6,560.00
05/10/13 Realty transfer tax 1,240.00
05/10/13 Bonnie K. Miller,county taxes 711.07
05/10/13 Bonnie K. Miller,duplicate tax bill 1.00
05/10/13 Deed preparation fee 75.00
05/10/13 Lower Allen Township,sewer/trash service 129.47
05/23/13 PPL Electric, final bill 161.59
05/23/13 Pennsylvania American Water, final bill 17.93
05/31/13 UGI Utilities 6.82
Total Administration Expenses 32,784.49
-7-
FEDERAL. STATE& LOCAL TAXES
04/04/12 Register of Wills,Agent, inheritance tax discount 8,000.00
payment
10/10/12 Register of Wills,Agent, inheritance tax 2,000.00
additional payment
04/10/13 Pennsylvania Department of Revenue, 15.00
2012 estate income tax payment
Total Federal,State and Local Taxes 10,015.00
FEES AND COMMISSIONS
01/21/13 Manson Law Offices 12,498.00
07/02/13 Pamela B. Vazquez,partial commission 7,000.00
Reserved: Pamela B. Vazquez, Executrix's commission 3,832.00
Reserved: Martson Law Offices,attorneys' fees 8,000.00
Reserved: Martson Law Offices,miscellaneous filing fees 500.00
and expenses
Total Fees and Commissions 31,830.00
TOTAL.PRINCIPAL DISBURSEMENTS: 75,895.76
PRINCIPAL DISTRIBUTIONS TO BENEFICIARIES
11/27/13 Pamela B.Vazquez,per Item 4 of said Will:
Cash: $10,000.00
11/27/13 Stephen Bowser,per Item 4 of said Will:
Cash: $10,000.00
11/27/13 Michael Bowser,per Item 4 of said Will:
Cash: $10,000.00
11/27/13 Katherine Vazquez,per Item 4 of said Will:
Cash: $10,000.00
11/27/13 Grayson Vazquez,per Item 4 of said Will:
Cash: $10,000.00
-8-
11/27/13 Morgan H.Bowser,per Item 4 of said Will:
Cash: $10,000.00
11/27/13 Alexis M.Bowser,per Item 4 of said Will:
Cash: $10,000.00
11/27/13 Crystal Bowser,per Item 4 of said Will:
Cash: $10,000.00
11/27/13 Sabrina Bowser,per Item 4 of said Will:
Cash: $10,000.00
TOTAL PRINCIPAL DISTRIBUTIONS TO BENEFICIARIES $90,000.00
RECEIPTS OF INCOME
Interest on M&T Bank estate checking account no.9856065553 through 80.23
11/30/13
Exelon dividends cgo
TOTAL RECEIPTS OF INCOME 90.07
DISBMRMNTS OF INCOME
Income transferred to principal 90.07
TOTAL DISBURSEMENTS OF INCOME 90,07
Pamela B. Vazquez,Executrix f e
Will of Ernest H.Blake, Dec
-9-
WRIZICAM,QNI
Pamela B. Vazquez, Executrix of the Will of Ernest H. Blake,deceased, hereby declares
under oath that she has fully and faithfully discharged the duties ofheroffice;that the foregoing First
and Final Account is true and correct and finally discloses all significant transactions occurring during
the accounting period;that all known claims against the Estate have been paid in full;that,to her
knowledge,there are no claims outstanding against the Estate;that all taxes presently due from the
Estate have been paid; and that the grant of Letters Testamentary and the first complete
advertisement thereof occurred more than four months before the filing of the foregoing First and
Final Account.
This statement is made subject to penalties of 18 Pa.C.S.A.Section 4904 relating to unsworn
falsification to authorities.
Dated:
Pamela B.Vazquez,Execo
-10-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
ORPHANS' COURT DIVISION
FILE NO.21-12-0088
FIRST AND FINAL ACCOUNT OF PAMELA B. VAZQUEZ,
EXECUTRIX OF THE ESTATE OF ERNEST H. BLAKE,
LATE OF LOWER ALLEN TOWNSHIP,
CUMBERLAND COUNTY,PENNSYLVANIA
SCHEDULE OF PROPOSED DISTRIBUTION
Pamela B.Vazquez,Executrix of the Last Will and Testament of Ernest H.Blake,deceased,
proposes to distribute the balance in her hands,to wit: $48,443.99,in accordance with the said Last
Will and Testament as heretofore filed in the Office of the Register of Wills of Cumberland County,
Pennsylvania,as follows:
TO: Pamela B. Vazquez, per Item 4 of said Will:
Cash previously distributed $ 10,000.00
Cash: 5.382.67 15,382.67
Stephen Bowser, per Item 4 of said Will:
Cash previously distributed $10,000.00
Cash: 5.382.67 15,382.67
Michael Bowser, per Item 4 of said Will:
Cash previously distributed $10,000.00
Cash: 5.382.67 15,382.67
Katherine Vazquez,per Item 4 of said Will:
Cash previously distributed $10,000.00
Cash: 5.382.67 15,382.67
Grayson Vazquez,per Item 4 of said Will:
Cash previously distributed $10,000.00
Cash: 5.382.67 15,382.67
Morgan H. Bowser, per Item 4 of said Will:
Cash previously distributed $10,000.00
Cash: 5.382.66 15,382.66
Alexis M. Bowser,per Item 4 of said Will:
Cash previously distributed $10,000.00
Cash: 5,382.66 15,382.66
Crystal Bowser,per Item 4 of said Will:
Cash previously distributed $10,000.00
Cash: . 5.382.66 15,382.66
Sabrina Bowser,per Item 4 of said Will:
Cash previously distributed $10,000.00
Cash: 5,382.66 15.382.66
TOTAL BALANCE FOR DISTRIBUTION $481,443.99
STATEMENT OF THE REASONS FOR THE PROPOSED DISTRIBUTION
The above distribution is proposed in accordance with the Last Will and Testament of Emest
H.Blake.
Pamela B.Vazquez,Execut6
Sworn and bscribed to before me this
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Elizabeth Kate 8oatright
No!
C mbllc'State Of South Carolina
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LAST WILL AND TESTAhdENT
1,ERNEST H.BLAKE,of Lower Allen Township,Cumberland County,Pennsylvania,being
of sound and disposing mind and memory,do hereby make,publish and declare this to be my Last
Will and Testament,hereby revoking any and all former Wills or Codicils made by me.
1.
I direct that all my legally enforceable debts, funeral expenses,testamentary expenses and
all death taxes(whether such taxes may be payable by my estate or by any recipient of any Oroperty)
shall be paid from my residuary estate as soon as practicable after my decease and as part of the
administration of my estate. My Executrix shall have no duty or obligation to obtain reimbursement
for any such tax so paid,even though on proceeds of insurance or other property not passing under
this Will.
2.
I give such items of personalty as are itemized in a certain list,if any,to the persons named
thereon,which list is signed and dated by me at the end thereof.
3.
1 have intentionally failed to provide for my daughter,PATRICIA BOWSER. Insofar as I
have failed to provide in this Will for my said daughter, such failure is intentional and not
occasioned by accident or mistake.
4.
1 give, devise and bequeath all the rest, residue and remainder of my estate, of whatever
nature and wherever situate,in equal shares,unto my grandchildren and great-grandchildren who are
living at the time of my death.
5.
In the event any of my said great-grandchildren have not attained the age of eighteen(18)
years at the time for distribution,his or her share shall be held by his or her parents,in trust, for the
following purposes:
a. I direct that such trustee(s)shall hold,invest and reinvest the same,collect the income
arising therefrom,and after paying all expenses incident to the management of the trust,to use and
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apply as much of the income and principal as may be necessary in the sole discretion of such
trustee(s) for the support, well-being and education of the beneficiary of such trust.
b. I direct that the beneficiary of such trust shall have the right of withdrawal of the
principal and any accumulated income of such trust as he or she attains the age of eighteen(18)
years.
C. Prior to the distribution of the principal, the said trustee(s) shall have the sole
discretion to invade the principal of such trust for the support, maintenance and education of the
beneficiary thereof,regardless of age.
d. To the extent that the same is permitted by law,none of the beneficiaries hereunder
shall have any power to dispose of or to charge by way of anticipation any interest given to such
beneficiary;and all sums payable to such beneficiaries hereunder shall be free and clear of the debts,
contracts, alienations and anticipations of the beneficiaries, and all liabilities for levies and
attachments and proceedings of whatsoever kind, at law or in equity.
6.
I nominate,constitute and appoint my granddaughter,PAMELA B.VAZQUEZ,as Executrix
of my estate.
7.
I direct that all fiduciaries acting under this Will,whether or not named herein,shall not be
required to give bond for the faithful performance of their duties in any jurisdiction.
8.
I authorize and empower my Executrix and trustee(s), in their sole and absolute discretion,
to purchase or otherwise acquire and retain any investments of which I die seized or any real or
personal property of any nature; to sell,lease,pledge,mortgage, transfer,exchange,dispose of or
grant options in regard to any or all property of any kind forming a part of my estate for such terms
and such prices as they may deem advisable;to borrow money for any purposes connected with the
protection and preservation of my estate;to mortgage or pledge any real or personal property forming
a part of my estate or to join in or secure the partition of same; to compromise any claims or
demands of my estate against others or of others against my estate;to make distribution in kind and
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to cause any share to be composed of cash, property or undivided fractional shares in property
different in kind from any other share; to employ agents, attorneys and proxies and to delegate to
them such power as my Executrix and trustee(s) consider desirable and to pay reasonable
compensation for such services as may be rendered by such agents, attorneys and proxies; and to
execute and deliver such instruments as may be necessary to carry out any of these powers. In
addition,I direct that my Executrix shall have the power to conduct an inventory of any safe deposit
box necessary to the administration of my estate.
IN WITNESS WHEREOF I have hereunto set my hand and seal this 2nd day of September,
2011.
(SEAL)
Ernest H. Blake
SIGNED,SEALED,PUBLISHED AND DECLARED by the above-named Testator,as and
for his Last Will and Testament,in the presence of us,who at his request,have hereunto subscribed
our names as witnesses thereto, in the presence of the said Testator and of each other.
J `
Page 3 of 4 Pages
COMMONWEALTH OF PENNSYLVANIA )
SS.
COUNTY OF CUMBERLAND }
We,Ernest H.Blake,Seth T.Mosebey,and e o t"1`an e VerS,the Testator
and the witnesses,respectively,whose names are signed to the foregoing instrument,being first duly
sworn, do hereby declare to the undersigned authority that the Testator signed and executed the
instrument as his last Will and that the Testator has signed willingly,and that the Testator executed
it as his free and voluntary act for the purposes therein expressed,and that each of the witnesses,in
the presence and hearing of the Testator,signed the Will as a witness and that to the best of his/her
knowledge the Testator was at that time eighteen years of age or older,of sound mind and under no
constraint or undue influence.
A
Ernest H. Blake,Testator
&az
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Witness
Witness
Subscribed, sworn to and acknowledged before me by Ernest H. Blake, the Testator,and
subscribed and sworn to before me by Seth T.Mosebey and (!!2�pr•r r ji e _ 1_(er.s
the witnesses, this 2nd day of September,2011. !!
roMI0 OF Not blic
M uft seal
Mary M.PrWe,Notary Publk
C•zraft Bao,Cumb&W4 County
cow*$" Au0 18,2015
M VAMtA AMPUA7ZW"wr NOTARM
Page 4 of 4 Pages
EXHIBIT F
IN RE: ESTATE OF : IN THE COURT OF COMMON PLEAS OF
ERNEST H. BLAKE : CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-2012-0088 CIVIL TERM
ORDER OF COURT
AND NOW, this day of , 2014, upon consideration of the
Patricia A. Bowser's Objections to First and Final Account and Petition for Adjudication/Statement
of Proposed Distribution, IT IS HEREBY ORDERED:
(1) The Estate shall reimburse Patricia A. Bowser in the amount of$8,274.75 and return all
items of Patricia Bowser's property to her.
or
(2) In the alternative, that the Estate shall reimburse Patricia A. Bowser in the amount of
$9,910.81.
and
(3) The executrix Pamela Vazquez shall cooperate in any request Patricia A. Bowser makes
regarding the disposition of the bodily remains of the decedent
By the Court,
Christylee L. Peck, J.
Stacy B. Wolf, Esquire
Seth Mosebey, Esquire
Exhibit "F"
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STACY B.WOLF,ESQUIRE
10 WEST HIGH STREET
CARLISLE,PA 17013-2922
(717)241-4436
SUPREME COURT I.D.No.88732
ATTORNEY FOR PATRICIA A.BOWSER
IN RE: ESTATE OF : IN THE COURT OF COMN�II4PLEA-91OR?
ERNEST H. BLAKE : CUMBERLAND COUNTY, PENN SYIsV-AN`�r+
: ORPHANS' COURT DIVISIt�_ tv rr'+ 7
:NO. 21-2012-0088 CIVIL TERM U, �) C, <�
OBJECTIONS TO FIRST AND FINAL ACCOUNT At-fDV)
PROPOSED SCHEDULE OF DISTRIBUTION00
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y,
AND NOW,comes Patricia A. Bowser,heir,by and through her counsel, Stacy B.Wolf,
Esquire,and presents these objections to the First and Final Account and Proposed Schedule of
Distribution filed on December 13, 2013 by the executrix, Pamela Vazquez, for the Estate of Ernest
H. Blake as follows:
I. OBJECTIONS
1. Patricia A. Bowser, daughter of the decedent,Ernest H.Blake, filed a Notice of
Claim in the amount of$2,212.31 on or about July 8,2013 and a Notice of Claim in the amount of
$4,495.98 on or about September 13, 2013.
2. Patricia A. Bowser has made the following payments on behalf of the Estate to
which she seeks reimbursement:
a. $2,961.48 to Parthemore Funeral Home consisting of$2,320.00 for direct cremation,
$750.00 for the storage fee, $415.00 for the transfer fee to Hershey Medical Center, $41.48 for the
Death Notice in the Patriot News, $60.00 for death certificates, and$25.00 for the County Coroner
fee (with a $650.00 courtesy discount);
b. $294.00 to Dugan Funeral Home for the urn;
c. $2,566.50 in attorney's fees;
d. $350.00 to O'Sullivan's Irish Pub &Restaurant for catering for the Wake;
e. $575.20 to Lancaster Homebrew for wine for the Wake;
f. $1,200.00 to Charlie Zahm and Tad Marks for music services for the Wake;
g. $300.00 to Reverand Craig A. Loewen for the funeral service;
h. $104.65 to Penrac,LLC for a vehicle rental from January 13-16, 2012 to transport Ms.
Bowser's father to medical appointments shortly before his death on January 17, 2012;and
i. $922.92 to Penrac,LLC for a vehicle rental from January 18-February 16, 2012 to provide
transportation to Ms. Bowser to make funeral and other arrangements following decedent's death.
3. As decedent's daughter and because decedent's Will did not otherwise provide,
Patricia Bowser was statutorily authorized by 20 Pa.C.S. § 305 to direct the disposition of her
father's remains in a manner she deemed fit.
4. Contrary to 20 Pa.C.S. § 305, the executrix has frustrated Patricia Bowser's efforts to
obtain her father's bodily remains and other autopsy materials from Hershey Medical Center.
5. Property of Patricia A. Bowser remained at the decedent's home at the time of his
death which has not been returned to Ms. Bowser despite repeated requests.
6. Patricia Bowser's property that remained at the decedent's home for which she seeks
either the return of or payment for the value of includes the following:
a. rear seat, grocery bin,and three electronic keys to her 2006 Saturn valued at$1,186.06;
and
b. printer,monitor, speakers,and cables of her computer valued at approximately$450.00.
7. On December 13,2013,the executrix,Pamela Vazquez, filed a First and Final
Account and Petition for Adjudication/Statement of Proposed Distribution.
8. The First and Final Account and Petition for Adjudication/Statement of Proposed
Distribution deny any disbursements to Patricia Bowser for any of the expenses she has paid on
behalf of the Estate not do they allow for the return of any of her property that still remained in the
decedent's home.
WHEREFORE, Patricia A. Bowser prays this Honorable Court grants her objections and
order relief as follows:
(1) Order that the Estate reimburse Patricia A. Bowser in the amount of$8,274.75 and order
the return of all items of her property.
(2) In the alternative, that the Court Order that he Estate reimburse Patricia A. Bowser in
the amount of$9,910.81.
(3) Order that the executrix Pamela Vazquez cooperate in any request Patricia Bowser makes
regarding the disposition of the bodily remains of the decedent.
(4) Grant such additional relief that the Court deems appropriate and just.
Respectfully submitted,
WOLF &WOLF
February /a ,2014 By:
STACY OLF, EsQudAE.
10 West High Street
Carlisle, PA 17013
717-241-4436
SUPREME COURT ID #88732
Attorney for Patricia A. Bowser
r
IN RE: ESTATE OF : IN THE COURT OF COMMON PLEAS OF
ERNEST H. BLAKE : CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
: NO. 21-2012-0088 CIVIL TERM
CERTIFICATE OF SERVICE
I, Stacy B. Wolf,Esquire,attorney for Patricia A. Bowser, do hereby certify this day that I
served a copy of the foregoing Objections upon the following by U.S. mail addressed as follows:
Seth Mosebey,Esquire
Martson Law Offices
10 E. High Street
Carlisle, PA 17013
Date: February-IjR_,2014
Stacy B. VC Esquire
Attorney for Patricia Bowser
CERTIFICATE OF SERVICE
I, Melissa A. Scholly, an authorized agent for Martson Deardorff Williams Otto & Faller,
hereby certify that a copy of the foregoing Motion for Partial Summary Judgment was served this
date by depositing same in the Post Office at Carlisle,PA,first class mail,postage prepaid,addressed
as follows:
Stacy B. Wolf, Esquire
WOLF & WOLF
10 West High Street
Carlisle, PA 17013
Counsel for Objector, Patricia Bowser
MARTSON LAW OFFICES
By:
Melissa . Scholly
Ten East High Street
Carlisle, PA 17013
1 (717) 243-3341
Dated: � 1�I '�b ` 5
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