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HomeMy WebLinkAbout03-18-15 (3) F.\FILES\Clients\14474'Blake\14474.Lpraecipexecord.wpd Co Seth T. Mosebey, Esquire I.D. No. 203046 David A. Fitzsimons, Esquire I.D. No. 41722 CD MARTSON LAW OFFICES C-0 10 East High Street Carlisle,PA 17013 (717) 243-3341 Attorneys for Petitioner 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 PRAECIPE TO THE CLERK OF ORPHANS' COURT OF CUMBERLAND COUNTY: Please make the following attached documents part of the record in this matter. The documents consist of the following: 1. Certificate of Death of Ernest H. Blake; 2. Last Will and Testament of Ernest H. Blake; 3. Contract between Parthemore Funeral Home and Patricia Bowser; 4. Copies of correspondence between counsel; 5. First and Final Account of Pamela B. Vazquez, Executrix of the Estate of Ernest H. Blake; and, 6. Objections to the First and Final Account filed by Patricia Bowser. MART W OFFICES By: . —J, Seth T. Mosebey' Esquire I.D. No. 203046 David A. Fitzsimons, Esquire I.D. No. 41722 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 3 11-31)S- Attorneys for Pamela Vazquez, Executrix of the Estate of Ernest H. Blake (? F:FILESi UwW4474 DIAW14474.1.WiU r LAST WILL AND TESTAMENT I,ERNEST H.BLAKE,of LowerAllen 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 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 Us 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. I 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. 1 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. b. 1 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. 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 terms and such prices as they may deem advisable;to borrow money for any purposes connected with the protection and preservation of myestate;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 el4Ql�l [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 SINNED,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 eD r cry e- tiff=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. �ivv d�1 rt_ Aa , Ernest H.Blake,Testator 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 eerr t tl e )-. 1)14 errs the witnesses,this 2nd day of September,2011. L/,/L114W) A GL& 00 0INWEALIN Of PENNSYLVANIA No4roblic Not�"N seat Mary18,2015 K Mos,Notary POW E! ammul�a���and50" Gw* gp�� y i�45AQA CF Nt1U1RtES Page 4 of 4 Pages 1% A. Family Tradition Of Caprine PARTHEMOR.E Fu e & Cremation Services, Inc. Ms.Patricia A.Ba 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 Beal free io 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 brat you selected (717) 774-7721 when making the funeral arrangements. (Fax)774-5546 Terms Duo Date Account# www.parthemoro.com 1/19/2012 1 2012006.1 Description Amount SERVICES&MERCHANDISE Direct Cremation 2,320.00 Gilbert W.Parthemore, Transfer ofRevWus to Hershey Medical Center 415.00 Founder Total Services and Merchandise 2,735.00 Gilbert J. Parthemore, Supervisor CASH ADVANCE ITEMS Stephen 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 Horne" 45.00 SS Standard Chum with Birthstone&18"Chain 182.00 Dolphin Silver Charm 150.00 Professional Memberships: SS Snake with C'ltain 60.00 NFDA•FFDA Keepsake Urn&Jewelry Not Used -437.00 Refrigeration(30 Days Q$2510ay) 750.00 DCFDA•CCMA Total Additional Items 750.00 Courtesy Discount -650.00 ncc Rule You Knox.; ne People You rtiusr Overpayment Refund 337.00 Total $3,298.48 Payments/Credits $•3,298.48 Balance Due $0.00 , m Exhibit "C" WOLF & WOLF ATTORNEYS AT LAW NATHAN C.WOLF 10 WEST HIGH STREET STACY B.WOLF CARLISLE,PENNSYLVANIA 17013 PHONE wolfandwolf embargmail com FACSIMILE 717-241-4436 717-2441-4437 February 1,2012 VIA FACSIMILE AND REGULAR MAIL Kathleen K. Ryan,Esquire 7 Boxwood Lane Camp Hill,PA 17011 Seth T.Moseby,Esquire Manson 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 meritless. 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 1,2812 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 Z8 39tid N3SM09 dIOINIVd 99EEOOELTL At:ZT ZTOZ/9Z/TO T M11"DTSON \N,*1J-1JX,\4 F MARI-S(IN Dmn A. Fru-so k JL JOHN 13. Fovru7A fit CIIR1s�1-011111J( F. RKA: LAW OFFI'CES DAN[u]. K. DF,;\R1)olt1--r jhNNIFFIR L Si,i-,mis T1 10MAS).W1 1-1.mms* I E MosFAWN 10 EAs-r Flicm STREFT Ivy) V 0,11()11l Kxr1r.(.M)wXrr.l.f. HUBEIRT X.GiLROY R.C.V\NLANDINGHANI CARLISLE, PENNSYLVANIA 17013 Gvoulr B. FA[.I.I:RJR.* Tr,-.u;11H0NF (717) 2,13-3341 'BOARD CERI'MED CIVIL TRIAL SPECIALIST FACSIMILE (717)243-1850 February 9, 2012 INwERNET %;,-%vwmartsonlawcorn 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 3-0 Seth T. Mosebey STM/mmp cc: Ms. Pamela Vazquez Kathleen Ryan, Esquire(via facsimile only: 545-7360) F.\F[LES\Clients\144748]ake\14474.1,swI IN FO R M A T 1 0 N - ADV IC E - ADVOCACY FROM (THU)FEB 8 2012 18:32/$T. 16:31/Ho.9301851434 P 2 WOLF & WOLF ArroPNEYS AT LAW NATHAN C.WOLF 10 WEST HIGH STREET STAGY B.WOLF CARLISLF,PENNSYLVANIA 17013 PTIONR wolfaudwolf2a rmbargmail.coin FACS]M1LE 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 please find a copy of the Parthemore Funeral Home 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 without being reimbursed by the Estate,especially in light of what Mt. Blake provided in his Will. As you are aware,Mr. Blake's Will provided that all funeral 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 trade necessary due to 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 Estate 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. Enclosure cc:Patricia A.Bowscr FROM (THU)FEB 8 2012 16:32/STr18:31/Ho.9301851434 P 3 A Family Tradition Of Caring" PARTHEMORE Fu ie & Cremation Services, Inc. Ms.Patricia A.Bo 1/19/2012, 101 N.prince St., t.310 SHippcnsburg,PA 17257 For the Services of Ernest H.Blake 11115 Uridge Street Wo sincerely approciate the confidence you bave placed in us and will continue to assist you in every way 11.0. Flex 431 we can, please feel frre to contact us if you have any questions in retard to this statement. The following Ncw• Cumberland. PA 17070 is an itemized sm i ment of the services,facilities.automotive equipment and merchandise that you scicctcd (717) 774-7721 when mating the tkneral arrangements. i Fax)774-5546 DueDate Accountw�w•w�.p,rthcmore.cumk__Te!Ts-- 1/19/2012 2012006.1 Description Amount M _ SERVICES&MERCHANDISE Direct Cremation 2,320,00 (iilhcn W. Parthcmorc, Transfer of Remains to Hershey Medical Center 415,00 Founda Total Services and Merchandise 2,735.00 Oilhert 1. Parthemorc. 1uPurv1&or CASH ADVANCE ITEMS Stephen K. Patthemorc, Death Notice,Harrisburg Patriot 41.48 CF SP 10 Certified Copies of Deady Certificate 60.00 County Corona Fee,Cromatlon Authorization 25.00 ltruce R. Parmhetnure, Total Cash Advanoos 126.48 llrc-Need Coordinator.CPC ADDmoNAL ITEMS i i Keepsake Urn,"Cuing Homo" 45.00 SS Standard Charm with Dirthitone& 18"Chain 182.00 Dolphin Silver Charm 150.00 Professional McMberdhipa: SS Snake withCbain 60.00 KFDA-PFDA Total Additional hemi 437.00 OC'FDA•CCFDA G$4 r,w.Yw�IMI+NW TL The/out., li.0 Jt.urr•, fhr Nry/dr Ym mat Total 53,298.48 Payments/Credits s-3,291.42 ' Balance Due :0.00 n TO 3E)Vd asm08 dIDZ2lvci 99EE90ELT4 E0'-LT ZTOZ/60/Z6 IR Q ASIX -1 ON WILLIAM F. NIARTSON D.wii) A. Frrzsr\,()NS JOHN B. Fowil-A III C11R1.ST()Pj-jj7'R E. Rio: DANIF'.1-K. DEARDORFF JFNNIFFR L. SPFARS LAW OFFICES DiomAS J. W11-LIAMS* T. Most, , qlrt 10 EAST Hi(;ii S'rRErr Ivo V.0-1.1-o III Kxi i i--J. '1\'L\XWE1-1' CARLISLE, PENNSYLVANIA 17013 HUBERT X.Gtutoy R. C. VAN LAN D]NGHAM Gju.ou-&- B.FALLERJR." TELEPHONE (717)243-3341 TOARD CERTIFIED CIVIL FRIAL SPECIALIS-1 FACSIMILE (717)243-1850 INTERNET wwwmartsonlawxom 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 ;'� 1), " Seth T. Mosebey STM/mmpj cc: Ms. Pamela Vazquez Kathleen Ryan, Esquire (via facsimile only: 545-7360) FAFILEWlients\14474 Blake\14474.Lsw2 N FO R N1 A T 1 0 N - AD V [ C E a AD v o C A C Y FROM QUE)FES 14 2012 18:48/ST. 18:48/No.9301851441 P 2 WOLF & WOLF ATTORNEYS AT LAw NATHAN C.WOLF 10 WuT Hrct i Sir RFzi' STACY B.WOLF CARLISLE,PENNSYLVANIA 17013 Pi]ONP wol aasiMI c��r.embargmailcom FA(„�IMILh 717-241-4436 717-241-4437 February 14,2012 VIA FACSIMILE ONLY Seth T.Mosebey,Esquire Mattson Law Offices 10 East High Street Carlisle,PA 17013 Re: Ernest H.Blake Dear Attorney Mosebey: After speaking with you on the phone,I spoke with Ms.Bowser to confirm the expenses she is seeking reimbursement 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 arc as follows: (i) $2,320.00 for direct cremation Qi) $41.48 for Death Notice,I-Iaszisburg 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 Homc. 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 cliches response. Very truly yo r% Stacy olf cc:Patricia A.Bowser ji M A RTS ON W11LLvNt F N[AWNON D,wir)A. Fi1"/sr40NS JOHN B.rOWLEA III CHRISTOPI-IFA E. Ricr: LAW OFFICES DANiu K. DFARDORFF JFNN[FFR L. SPEARS T[fon,1S J.W U-LrkoiS* SrTF{t-H T.Mosr-.BEY Lvo V 0,rro III KY1.11-J.'NfAvXT-.j-L 10 FAST HIGH STREET HuBERT X.GILR(-.)Y R. C.VANIAND1NGHMN( CARLISU', PENNSYLVANIA 17013 GU)RCr B.FAII,ERJR.* TELEPHONE (717) 243-3341 I30ARD CERTIFIED CIVIL TRIAL SPECIALIST FA(-.Sl.',11].E (717)243-1850 INTERNET v,,\vw.MartS0rJaw.com 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 I.ZAI'00 J, Seth T. Mosebey STM/mmp cc: Ms. Pamela Vazquez F:\F1LES\C1ients\14474 Blake\14474.Lsw3 INFORMATION • ADVICE • ADVOCACY SSI A1. MAPTSON WILLIAM F. MARTSON 11Wsi IDA. FiwmoNs X N� JL JOHN B. Fo\X'F,f--R III CARISTOPI-IF11 E.Rju LAW OFFICES D:�NIFI.K.Dl-ARDORFF jl:.NNIFF--.R L.SPi-..,\RS Tii0mASj. WILLIAMS* SI:.I'll T NIOSF.BEY Ivo V Ciro Ill KVTIE J. IMAxwrii. 10 FAST HIGH STREET FlUBFRTX.GILROY R.C.VANLAN DING HAM CARLISLE, PU.NNSYLVANIA 17013 GFORGF. B. FALLER JR.* TELEPHONE (717) 243-3341 'BOARD CERTIFIED CML TRIAL SPECIALIST FACSIMILE (717) 243-1850 IN-n,.RN, F.T wwwmartsonlawcom 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 Seth Mosebey STM/mmp cc: Ms. Pamela Vazquez F\FILES\C1ients\14474 Blake\14474.I.sw4 IN FORMATION • ADVICE a ADVOCACY WOLF & WOLF ATTORNEYS AT LAw NATHAN C.WOLF 10 WEST HIGH STREET STAGY B.WOLF CARLISLE,PENNSYLVANLJ� 17013 PI[ONE wolfandwolf2embargmail.com FACSIMILE 717-241-4436 717-241-4437 March 30,2012 Seth T. Mosebey, Esquire Manson 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 Wolf&Wolf,Attorneys at Law Mosebey March 30,2012 Page two 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 B. :oIf Enclosures cc:Patricia A.Bowser(w/o encls.) 03/26/2012 01:37 7173003366 PATRICIA BOWSE11 PAGE 02 A Family Tradition Of Caring"' lip PARTHEMORE Fu nex e & Cremation Services Inc. 'AAIN A 1Wr Ms.Patricia A.1301M. 1/19/2012 101 N.Prince St.,;rt 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 ifyou have any questions in regard to this statement The follaudag 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 fuhaW arrangements. (Fax) 774-5546 Terms Due Date Account# Www.parthernore.com 1/19/2012 2012006.1 Description Amount SERVICES&MERCHANDISE Direct Cremation 2,320.00 Gilbert W.Parthemore, Transfer ofRemains to Hershey Medical Center 415.00 Founder Total Services and Merchandise 2,735.00 Gilbert J. Parthemore, Supervisor CASH ADVANCE ITEMS Stephen K. Parthemore, Death Notice,Harrisburg Patriot 41.48 CFSF 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 Horne' 45.00 SS Standsrd 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 @ S25/Day) 750.00 DCFDA-CCFDA 0 LFP Total Additional Items 750.00 Courtesy Discount -650.00 The RU14 You Xmaw The Poovt*You Pwsor Overpayment Refund 337.00 Total 53,298.49 Payments/Credits 5-3,298.49 Balance Due SO-00 03/26/2012 01:37 7173003366 PATRICIA BOWSER j PAGE 03 GAN Invoice 111111011111tal gwnffaftjlm� Date invZ777 51 Asper Drive, Shippensburg, PA 17257 3/1/2012 334 717 . 532 . 4100 Bill TO Ship To Patricia Bowser Quantity Rom Code Description Price Each Amount I Thumbies Sterling standard charm,chain,September birthstone 203-00 203.00T I urn Silver Birds.single urn 166-00 166-00 I urn Berm WWI keepsake urn 389-00 399-00 1 Jewelry Sterling Dolphin pendant urn 165.00 165-00 Sales Tax 6.00% 12.18 Visit us at www.Dug&nM.com Total $935.18 N/tAR'rs0N DEARDOR- FF WILLIANIS OTO GrUROY &- FALLER NtAPTSON WILLIAM NIAKrsON DAVID A. FrusiNIONS X%I X JOHN 13.FowLr--R III CHRISTOPHER E. Ricfz LAW OFFICES DANIEL K DF—kRDORFF JENNIFER L.SPEARS THomAs J.Wiuums* Spam T.Mosp-BEY IVO V.Orro III KATir.J.NifA,.xwr-.LL 10 EAST Hicm STREET HuBF.RT X.Glum R.C.VANLANDINGRAM CAiUASLE,PENNSYLVANIA 17013 Gr.oRcF B.FALLER JR.* TFiEPHONE (717)243-3341 'BoAmD CERTIFIED CIVIL TRIAL Spamwv FA smuLE (717)243-1850 April 5,2012 INTERNET www.martsonlaw.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 �30 5, Seth T. Mosebey STM/mmp cc: Ms. Pamela Vazquez FA RLESUientsN14474 Blake\14474,1.sw5.wpd INFORMATION - ADVICE * ADVOCACY 'M F:TIIXSK'IiemY14474 UAW 14474.I.necown formnl.xpd 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 Social Security Number: 247-20-2920 Tax ID Number: 45-6709045 Date of Death: January 17, 2012 Date of Incapacity, if any None Date of Executor's Appointment: January 23,2012 Letters Advertised: Sentinel- January 23, 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 %r 6-3 n..�t C.0 J r C/) Q `rl 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 -90.07 Income Balance on Hand 0.00 COMBINED BALANCE ON HAND8 643 -2. PRINCIPAL RECEIPT 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 1113012011 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 214.704=3, -3. 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 -S- 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 See alcoating,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 Hang Williams,reimburse for painting cabinets 375.00 03/08/13 UGI Utilities 99.11 03/08/13 Harry 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 INCQMME Interest on M&T Bank estate checking account no.9856065553 through 80.23 11/30/13 Exelon dividends 284 TOTAL RECEIPTS OF INCOME 90.07 DISBURSEMENTS OF INCOME Income transferred to principal 90.07 TOTAL DISBURSEMENTS OF INCOME 90.07 rT, �y Pamela B.Vazquez,Executrix f e Will of Ernest H.Blake,Dec 0 -9- VERIFICATION 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 of her office;that the foregoing First and Final Account is true and correct and fully discloses all significant transactions occurring during the accounting period;that all known claims against the Estate have been paid in full;that,to 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 subjectto penalties of 18 Pa.C.S.A.Section 4904 relating to unsworn falsification to authorities. Dated: ► - g 13 Pamela B.Vazquez,Execu -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 -ll- Alexis M. Bowser,per Item 4 of said Will: Cash previously distributed $10,000.00 Cash: 5,392.66 15,382.66 Crystal Bowser,per Item 4 of said Will: Cash previously distributed $20,000.00 Cash: . 5, 83 2.66 15,382.66 Sabrina Bowser,per Item 4 of said Will: Cash previously distributed $10,000.00 Cash: S,', 83 2.66 5,32,.66 TOTAL BALANCE FOR DISTRIBUTION $481,443.99 STATEMENT_OF TIER REAWINS FOR THE PROEQUO DI&MBUT M The above distribution is proposed in accordance with the Last Will and Testament of Ernest H.Blake. Pamela B.VaMue2,Execulto C) Swom and bscribed to before me this ��. Nouky IN ic oatri ht gmug South Carolina s May 23,2022 PFILES H=W4474Bl W4474.ImM LAST WILL AND TES's, HENT I,ERNEST H.BLAKE,of LowerAllen 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. 1 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 [Initials] Page I of 4 Pages I 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. 1 nominate,constitute and appoint my granddaughter,PAMELA B.VAZQUEZ,as Executrix of my estate. 7. 1 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. S. 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 ofmy estate;to mortgage or pledge any real or personal property farming 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, 2411. �r�,yl,vVv (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 a COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND } We,Ernest H.Blake,SethT.Mosebey,and e4 rc zn et�� ,S,the Testator and the witnesses,respectively,whose names are signed to the foregoing instrument,being first duly swom, 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;- 25 �. +1 ,fit d � Ernest H. Blake,Testator 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 6Drr r n e v er,S the witnesses,this 2nd day of September,2011. L r roMTM O�v Not blic N�ai seat MY Mary M.Pr A Notary Pubtk CUNG(fie cualwand coudy Cq=qftyw 28,MS M VAtQA AS—rXj Or NOfAitlfS Page 4 of 4 Pages 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" 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 COM1Vl�1Q PLEAS, ERNEST H. BLAKE : CUMBERLAND COUNTY, PENNSYIbVAN.W-, ORPHANS' COURT DIVISI NO. 21-2012-0088 CIVIL TER9 U, OBJECTIONS TO FIRST AND FINAL ACCOUNT A1kD�% PROPOSED SCHEDULE OF DISTRIBUTION i cD y ca 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 Penralc,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 nor do they allow for the return of any of her property that still remained in the decedent's home. t 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 2014 By: JIJ�Ivoiw_ STACY B&OLF,ESQUfAE 10 West High Street Carlisle, PA 17013 717-241-4436 SUPREME COURT ID #88732 Attorney for Patricia A. Bowser 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 La,2014 Stacy B. f,Esquire Attorney for Patricia Bowser CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller,hereby certify that a copy of the foregoing Praecipe 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: Q Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: t I �b �5