HomeMy WebLinkAbout01-0709
CUMBERLAND
PETITION FOR GRANT OF LETTERS
Estate of MARTHA G. HIVNER
No.
1- 010
also known as
, Deceased
Social Security No. 207077477
Petitioner(s), who is/are 18 years of age or older, apply)ies) for:
(COMPLETE "A" OR "B" BELOW:)
Gl
A. Probate and Grant of Letters and aver that Petitioner(s) is/are the execut OR
Decedent, dated 3/1/01 and codicil(s) dated N/A
named in the Last Will of the
State relevant circumstances, e.g., renunciation, death of executor, etc
Except as follows, Decedent did not marry, was not divorced and did not have a child born or adopted after execution of the documents offered
for probate; was not the victim of a killing and was never adjudicated incapacitated:
o
B. Grant of Letters of Administration
(c.t.a., d.b.n.C.t.a.: pendente lite, durante absentia; durante minoritate)
Petitioner(s) after a proper search has/have ascertained the Decedent left no Will and was survived by the following spouse
(if any) and heirs:
I
Name
Relationship
Residence
I
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in CUMBERLAND County, Pennsylvania, with his/her last family or principal
residence at 4905 EAST TRINDlE ROAD, MECHANICSBURG, HAMPDEN TWP, CUMBERLAND COUNTY, PA 17055
(list street, number and municipality)
Decedent, then 89 years of age, died JULY 27, 2001 , _ , at HOLY SPIRIT HOSPITAL
(Location)
Decedent at death owned property with estimated values as follows:
(if domiciled in PA All personal property......................................... $ 392,043.26
(if not domiciled in PA Personal property in Pennsylvania .................... $
(if not domiciled in PA Personal property in County .............................. $
Value of real estate in Pennsylvania ........................................................................................ $
T atal ..................................................................................................................... $ 392,043.26
Real Estate situated as follows: N/A
Wherefore, Petitioner(s) respectfully request(s) the probate of the Last Will and Codicil(s) presented with this Petition and the grant of letters in
the appropriate form to the undersigned:
Typed or printed name and residence
DONALD J. HAlKE
90 BUTTONWOOD ROAD
NEWPORT PA 17074
RW-1 1[.0- 24-1-0
Oath of Personal Representative
Commonwealth of Pennsylvania
County of CUMBERLAND
The Petitioner(s) above-named swear(s) and affirm(s) that the statements in the foregoing Petition are true
and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the
Decedent, Petitioner(s) will well and truly administer t~2JCCO~d~
Sworn to and affirmed and subscribed J
31~T
before me this ' day of
~. L ~~~...o.,
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DECREE OF REGISTER
Estate of MARTHA G. HIVNER
also known as
Deceased
No. (~J -OJ -070Cf
Social Security No: 207077477 Date of Death: 7/27/01
AND NOW, J.1Jt'1 ~~ A u..G,. 2. LOa' , in consideration of the Petition on the
reverse side hereon, satisfactory proof having been presented before me,
IT IS DECREED that Letters ~ Testamentary 0 of Administration
are hereby granted to DONALD. J. HALKE
((c.t.a.. d.b.n.c.t.; pendente lite; durante absentia; durante minoriate)
in the above estate and that the instrument(s), if any, dated 3 - 1- 200 \
described in the Petition be admitted to probate and filed of record as the Last Will of Decedent.
FEES
Letters................................... .
Short Certificates( s) ...............
Renunciation ..........................
Extra Pages ( Q.. ) ...............
I. T. R..................... ......... .........
JCP Fee .................................
Inventory ................................
Other ......................................
$
$
$
$
$
$
$
$
~~~
t I' S;gnatu..
15.00
6.00
Attorney: LINUS E. FENICLE
1.0. No: 20944
Address: 2331 MARKET STREET
CAMP HILL
PA 17011
04D CO
TOTAL .............................$ ·
Telephone: 717-763-1383
DATE FILED:
05.805 REV 9/86
This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as
Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
~. D~
~/?Z~
Local Registrar '
Fee for this certificate, $2.00
p
.7619228
J" 3 1 2001
UL .
3R....2187 COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH · VITAL RECORDS
CERTIFICATE OF DEATH
NAME Of' DECEDENT (fItS'. ModclIe.l_'
,. Malttha. G. H-ivnvr.
STATE FILE NUMlER
SEX SOCIAl. SECURITY NUMBER
2. Female 3. 207 - 07 -7477
:JuTJd7:~'~l1Q1u_
UNDER 1 YEAR
Monlhe Days
UNDER' OM
.... ! ~
8lATHPlACi (Coly and
SI8Ie 01 fCl8lQll COUIlly)
Pl.-cE Of' DEATH (CI>eck 0l'Iy 0I'e - ... fIlSItUChOoS 011_ _I
HOSPITAL; OTHER:
I..... 0 !lOA 0 =" 0
~o
'L F Jr.a.nk. GIle.e.n.at.OO.lt
INFOAIoIANTS NAME (T ypeIPrinll
Vonald Halke
0irI
......
.... ill a
--'1 17,..0 :..~.:.::at
MOTHER'SNAME,F.s1.Modde.~Sut_) Malty Moyvr.
,..
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2211. FV 013376-L onutOWfl Road. HcVr.1t..wbUlta. PA
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. . and TilIII Day. -.n
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NAME AND AOOAESS Of' PERSON WHO COMPLETED CAUSE Of' DEATH
(Ilem 2n Type CIt Print I A ~
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. ctr\WII.,LS\HJvnel;M.will
Febru~rY 23, 200,1 ,
LAST WILL AND TEST AMENT
OF
MARTHA G. HIVNER
I, MARTHA G. HIVNER, of Mechanics burg, Cumberland County, Pennsylvania, being of
sound and disposing mind, memory and understanding, do hereby make, publish and declare this my
Last Will and Testament, hereby revoking any and all prior Wills and Codicils thereto by me at
anytime heretofore made.
1. PAYMENT OF BURIAL EXPENSES AND DEBTS. I authorize my executor to pay all
the expenses of (1) a funeral or memorial service; (2) the interment of my remains, including
the costs of a gravesite, if necessary; and (3) the installation and inscription of a suitable
marker at, and perpetual care of, the gravesite. I further direct my executor to pay all of my
debts that my executor in his or her sole discretion may allow as claims against my estate.
2. DISPOSITION OF RESIDUARY ESTATE.
2.1 I devise and bequeath all the rest and remainder of my estate, real, personal or mixed
as follows
A. One third (1/3) to my cousin, JAMES O. HIVNER. If JAMES O. HIVNER
fails to survive me, his share shall be given to his wife PHYLLIS HIVNER.
If PHYLLIS HIVNER fails to survive me, his share shall be given to the
surviving children of James O. and Phyllis Hivner, equally;
B. One third (1/3) to my niece, ELIZABETH T. COOK. If ELIZABETH T.
COOK fails to survive me, her share shall be given to her surviving
children, equally;
C. One third (1/3) to DONALD J. HALKE. If DONALD J. HALKE fails to
survive me, his share shall be given to his wife, MELANIE A. HALKE. If
MELANIE A. HALKE fails to survive me, his share shall be given to the
surviving children of Donald 1. and Melanie A. Halke, equally.
-'I . ',/.( /)
)')-'} .,:-,,>~-~_,.1Ck'~.--- L; ~ /--//t'r"'J"',-"~/fiJ
MARTHA G. HIVNER
ctr\ WniS\HivnerM. will
Febru~ry 23, 20Ql '
. .
3. POWERS OF ADMINISTRATION.
3.1. Grant of Powers. My executor, in the administration of my estate, (my
"fiduciaries") shall have the powers and authorities set forth in this Article 3. These
powers and authorities may be exercised by my executor and trustee in their sole and
absolute discretion, without the permission or order of any court. These powers shall
be supplementary to those conferred by law, including, but not limited to, those set
forth in Title 20, Chapter 33, of the Pennsylvania Consolidated Statutes.
3.2. Retention of Assets. My fiduciaries shall have the power to retain any or all
property of my estate, however received and acquired, for so long as they deem
appropriate. This power may be exercised even though the property may not be of
the type authorized by law for investment, and even though the retention may leave
a disproportionately large amount of the value of my estate invested in one type of
property .
3.3. Transfer of Assets. My fiduciaries shall have the power to sell, transfer, and convey
any property, of whatever nature, including real property, and wherever situated, that
I may own at the time of my death, or that may come into my estate or after my death.
The sale, transfer, or conveyance may be by public or private sale, at such time, on
such terms and conditions, including selling price and credit, in such manner, and for
any reason that my fiduciaries deem appropriate, including, but not limited to, the
purpose of obtaining net proceeds to be distributed to my residuary beneficiaries.
3.4. Investment. My fiduciaries shall have the power to invest and reinvest any property
in my estate in preferred and common stocks, bonds, notes, common trust funds
(including any managed by any corporate fiduciary), interests in investments, trusts,
mutual funds, leases, mortgages on property wherever located, and, generally, in any
property and in proportions of property as my fiduciaries deem advisable, even
though the investments are not of the character or proportions authorized by
applicable law for the investment of the funds.
3.5. Power to Borrow. My fiduciaries shall have the power to borrow money for any
purpose, for any periods of time, and on any terms and conditions as they deem
advisable (including the power to borrow from any corporate fiduciary), and to
pledge, mortgage, or otherwise encumber any property in my estate to secure
repayment of any loan, as well as the power to renew existing loans either as maker
or endorser.
3.6. Power to Hold Property in Nominee Form. My fiduciaries shall have the power
to hold any property in the name of a nominee or in bearer form.
2
./;l1-af:L... .;. //~
MARTHA G. HIVNER
ctr\ WILtS\HivnelM.will
February 23, 20Ql .
3.7. Distribution in Cash or in Kind. My fiduciaries shall have the power to make
distributions in cash or in kind, or partly in cash, in divided or undivided interests,
as amended, or other applicable law, and to determine which assets shall be sold and
which shall be distributed in kind, without notice to or consent by any beneficiary.
3.8. Distribution to Minors and Persons Under Disability. My fiduciaries shall have
the power to make distributions or payments to or for the benefit of any beneficiary
who is a minor, an incompetent, or who in the fiduciaries' judgment is incapacitated.
The distributions or payments shall be made in anyone or more of the following
ways: (1) directly to the beneficiary; (2) directly to the creditor in payment of the
debts or expenses of the beneficiary; (3) to the guardian of the person or estate of the
beneficiary; (4) to any custodial parent of a minor beneficiary; (5) to a custodian for
the beneficiary under any law related to gifts to minors, including to my fiduciaries
in that capacity; or (6) to any other person who shall have the care and custody of the
person of the beneficiary. There shall be no duty to see to the application of funds
so paid, provided due care was exercised in the selection of the person to whom the
funds were paid, and the receipt of the person shall be full acquittance of the
fiduciaries.
3.9. Continuation or Liquidation of Business. My fiduciaries shall have the power to
continue or to permit the continuation of any business, incorporated or
unincorporated, in which I may have any interest at the time of my death for any
period of time, or to liquidate the business on any terms as they deem appropriate.
This power includes, but is not limited to (1) the power to invest additional sums in
any business, even to the extent that my estate may be invested largely or entirely in
the business, without liability for any loss resulting from lack of diversification; (2)
the power to act as or to select other persons to act as directors, officers, or
employees of any business, to be compensated without regard to being a fiduciary
under this Will; and (3) the power to make any other arrangements in regard to any
business as my fiduciaries shall deem proper.
3.10. Employment of Agents. My fiduciaries shall have the power to employ and pay the
compensation of any and all attorneys, agents, custodians, attorneys-in-fact, experts,
investment counsel, accountants, bookkeepers, or other agents or providers of
services as my fiduciaries deem advisable in the administration of my estate.
3.11. Commissions. My fiduciaries shall have the power to take reasonable commissions
on account at any time during the administration of my estate without the approval
of any beneficiary or of the court, but subject to allowance or disallowance on the
settlement of the final accounts of my fiduciaries.
3
/Jt.,vd:J;..; b /7,;'ry 9/i_
MARTHA G. HIVNER
ctr\ WILLS\Hivne.rM.will
February 23, 20Ql'
3.12. Third Party Reliance. No person or corporation dealing with my executor shall be
required to see to the application of any property paid or delivered to my executor,
or to inquire into either the authority of my executor to enter into any transaction or
the expediency or propriety of any transaction entered into by my executor.
3.13 Charitable Donations. In the event that any of my tangible personal property is
donated to a charitable organization( s) then my fiduciary is instructed to use
the value of said donation( s) as an inheritance tax deduction for any inheritance tax
return which may be required to be filed as a consequence of my death.
4. PAYMENT OF DEATH TAXES.
4.1. Payment of Estate Taxes. I direct that all federal and Pennsylvania estate taxes
payable as a result of taxes assessed on property passing under this Will shall be paid
from my residuary estate as a part of the expenses of the administration of the estate.
4.2. Inheritance Tax. I direct that the Pennsylvania inheritance taxes payable as a result
of my death, limited to taxes assessed on property passing under this Will, shall be
paid out of my residuary estate and shall not be deducted or collected from any
beneficiary under this Will or other transferee.
5. EXECUTOR.
5.1. Appointment. I name, constitute, and appoint DONALD J. HALKE, as executor
of my estate. If DONALD J. HALKE shall not survive me, shall not serve as
executor for any reason, or shall cease to serve as executor for any reason after
appointment, his wife, MELANIE A. HALKE, shall act as executor in his place.
5.2. Bond Not Required. None of the individuals named in Section 5.1 shall be required
to furnish a bond for the faithful performance of his duties as executor.
6. PRESUMPTION IN CASE OF SIMULTANEOUS DEATH. For the purposes of this
Will, in determining whether a person has survived me or another person, a person shall not
be deemed to have survived me or another person if he or she dies within sixty (60) days of
my death or of the death of the other person.
7. LIABILITY OF EXECUTOR. My executor shall not at any time be liable for mistake of
law or of fact, or both law and fact, or errors of judgment, nor for any loss coming to any
/;7;n/-../- ,6, J,:~~
4 MARTHAG.HIVNER
. ctr\ WIL'LS\Hivne.rM. will
February 23, 20~I'
beneficiary under this Will, or to any other persons, except through actual fraud or willful
misconduct on the part of the executor or trustee. My executor may, from time to time,
consult with counsel with respect to the meaning, construction, and operation of this Will,
particularly with respect to the appointments, allocations, and disbursements, and may act
on the advice of counsel in all matters without incurring liability on account of his or her
actions.
8. INTERPRETATION.
8.1 Successors of Fiduciaries. All pronouns referring to an executor and the term
"executor" shall be construed to mean any person acting as my executor, co-executor,
personal representative, or administrator, as the case may be.
8.2 Number and Gender. If required by the context of this Will, singular language shall
be construed as plural, plural language shall be construed as singular, and the gender
of personal pronouns shall be construed as either masculine, feminine, or neuter.
8.3 Headings. All headings used in this Will to describe the contents of each article,
paragraph, or other division are provided for convenience only and shall not be
construed to be a part of this Will.
8.4 Governing Law. This Will shall be construed in conformity with the law of the
Commonwealth of Pennsy lvania.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and
Testament, consisting of five (5) typewritten pages, the first four (4) of which bear my signature in
the margin for the purpose of identification, this ~ day of H /I~t I( , 2001.
/J'i .'} "j5t. -4. ~. )-/ --t/--:..~
MARTHA G. HIVNER
~~
Signed, sealed, published and declared by the above-named Testatrix, MARTHA G. HIVNER, as
and for her Last Will and Testament, in the sight and presence of us, who, at her request, in her sight and
presen d in the si ~prese e of each other, have hereunto subscribed our names as witnesses.
r-- Address 2- ~J/ $Q~/ J r
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fly 1IdL fA /70//
Address
5
ctr\ WlbLS\HivntvM. will
February 23, 2091'
COMMONWEALTH OF PENNSYLVANIA )
: SS.
COUNTY OF )
I, MARTHA G. HIVNER, THE TESTATRIX, WHOSE NAME IS SIGNED TO THE
FOREGOING INSTRUMENT, HAVING BEEN DULY QUALIFIED ACCORDING TO LAW, DO
HEREBY ACKNOWLEDGE THAT I SIGNED AND EXECUTED THE INSTRUMENT AS MY LAST
WILL AND TESTAMENT; THAT I SIGNED IT WILLINGLY; AND THAT I SIGNED IT AS MY FREE
AND VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED.
SWORN OR AFFIRMED TO. AND ACKNO~EDGEp BEFORE ME BY MARTHA G.
HIVNER, THE TESTATRIX THIS J~ DAY OF it/cUte l~ ,2001.
Notarial Seal
Monica D. Zercher, Notary Public
Camp Hili Bore, Cumberland County
My CommIssion Expires Jan. 14,2002
Member, Pennsylvania ASSOCiation of Notarie.
)1;~j~vId~ .J:] _ /+_A/1~
MARTHA G. HIVNER
/tb~
NOTARY PUBLIC
)
: SS.
COUNTY OF )
WE, lv/tJlIJ b- rc-UZ:C to AND ar\S+'Nt M. S+Chl<.r
THE WITNESSES WHOSE NAMES ARE SIGNED TO THE FOREGOING INSTRUMENT, BEING
DULY QUALIFIED ACCORDING TO LAW, DEPOSE AND SAY THAT WE WERE PRESENT AND
SA W THE AFORESAID TESTATRIX SIGN AND EXECUTE THE INSTRUMENT AS HER LAST WILL
AND TESTAMENT; THAT SHE SIGNED WILLINGLY AND THAT SHE EXECUTED IT AS HER FREE
AND VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED; THAT EACH OF US IN THE
HEARING AND SIGHT OF THE TESTATRIX SIGNED THE WILL AS WITNESSES; AND THAT TO
THE BEST OF OUR KNOWLEDGE THE TESTATRIX WAS AT THE TIME EIGHTEEN (18) OR MORE
YEARS OF AGE, OF SOUND MIND AND UNDER NO CONSTRAINT OR UNDUE INFLUENCE.
I ~f DAY OF
COMMONWEALTH OF PENNSYLVANIA
1l SWORN OR AFFIRMED TO AND SUBSZO BEFORE ME, THIS
/" tlvLL t-- ,2001. ~
~~
WITNESS ~
J I '1
/'-' b 75L.
NOTA~t PUBLIC
Notarial Seal
Monl~ D. Zercher, Notary Public
Camp HII! Bore, Cumberland County
My Commission Expires Jan. 14, 2002
Member, Pennsylvanici^ Association of Notamei
t
./
CERTIFICATION OF NOTICE UNDER RULE 5.6 (a)
Name of Decedent: Martha G. Hivner
Date of Death: July 27,2001
Will No. 21-2001-0709 of2001
Admin. No.
To the Register:
I certify that notice of beneficial interest required by Rule 5.6 (a) of the Orphans' Court
Rules was served on or mailed to the following beneficiaries of the above-captioned estate on
September 6, 2001:
Name
Address
Elizabeth Cook
71 Dividing Ridge Road
Halifax, P A 17032
J ames Hi vner
6720 Hillhaven Drive
PIano, TX 75024
Donald J. Halke
90 Buttonwood Road
NewPort, PA 17074
Notice has now been given to all persons entitled thereto under Rule 5.6 (a) except N/A
Date: September 6, 2001
~~~
Linus E. F enic1e, Esquire
Reager & Adler, PC
2331 Market Street
Camp Hill, PA 17011
(717) 763-1383
Counsel for Personal Representative
IN RE:
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
: ORPHAN'S COURT DIVISION
THE ESTATE OF MARTHA G. HIVNER
: ESTATE NO. 21-01-0709
NOTICE
THE FIRST AND FINAL ACCOUNT FOR THE ESTATE OF MARTHA G. HIVNER
FILED WITH THE CUMBERLAND COUNTY ORPHAN'S COURT ON
. THE ACCOUNT WILL BE PRESENTED TO THE ORPHAN'S COURT FOR AUDIT ON
MARCH 5, 2002 IN THE CLERK OF THE ORPHAN'S COURT, CUMBERLAND COUNTY
COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PA 17013 AT 9:00 A.M.
ANY OBJECTIONS TO THIS ACCOUNTING MUST BE MADE BY MARCH 5, 2002
AT 9:00 A.M. AND SHALL BE FILED WITH THE CLERK OF THE ORPHAN'S COURT,
CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE,
PENNSYLVANIA 17013.
Court of Common Pleas of Cumberland County of Pennsylvania
Orphan's Court of Division
Estate of Martha G. Hivner, Deceased
Late of the Township of Hampden
First and Final Account of Donald J. Halke, Executor
and
Proposed Schedule of Distribution
Will No.: 21-01-0709
Date of Death:
July 27, 2001
Letters Granted:
August 2, 2001
First Complete Advertisement of Grant of Letters:), August 31, 2001 A-v.- ~1A- ~ (- Z Y I 't-06{ , ~E:Y y(- J 7 )
frUgV)~ ~ It;"+- zz 1 U"O I ( Yt-t.:h ~ I ) loo I
Accounting Period: Date of Death - Present }
Gross Estate
$402,907.58
Purpose of Account: The Executor offers this Account to acquaint interested parties with
the transactions that have occurred during his Administration of the Estate.
It is important that the Account be carefully examined. Requests for additional
information or questions or objections can be discussed with
inus E. F enic1e, Esquire
Sup Ct. I.D. Number: 20944
Reager & Adler, P.C.
2331 Market Street
Camp Hill, PA 17011
(717) 763-1383
First and Final Account
Estate of Martha G. Hivner
Cumberland County Probate Number 21-01-0709
Recapitulation
Estate Assets
Less: Administrative Expenses
Less: Debts of Decedent
402,907.58
-68.100.06
334,807.52
57.64
334,749.88
Amount Available for Distribution
$334,749.88
First and Final Account
Estate of Martha G. Hivner
Cumberland County Probate Number 21-01-0709
Estate Assets
PSECU Savings Account
PSECU Checking Account
PSECU Certificate of Deposit
PSECU Certificate of Deposit
PSECU Certificate of Deposit
PSECU Certificate of Deposit
PSECU Certificate of Deposit
PSECU Certificate of Deposit
PSECU Accrued Interest
Waypoint Bank Certificate of Deposit
First National Bank of Newport Certificate of Deposit
First National Bank of Newport Accrued Interest
Return of Security Deposit from Nursing Home
Return of Medical Insurance Premium
Refund from Pharmacy
Metropolitan Life Insurance Proceeds
Amount
1,141.13
1,420.96
35,449.91
81,552.45
10,801.65
20,005.95
41,248.24
96,070.65
5,485.46
10,039.07
98,865.73
7.83
193.55
162.00
34.00
429.00
$ 402,907.58
First and Final Account
Estate of Martha G. Hivner
Cumberland County Probate Number 21-01-0709
Administrative Expenses
Funeral Expenses
Amount
8/21/01 Zimmerman Auer Funeral Home
2,294.86
Costs of Administration
7/31/01 Cumberland County Register of Wills
7/31/01 Cumberland Law Journal
8/22/01 The Sentinel
9/19/01 Register of Wills - Inheritance Tax Filing Fee
9/20/01 Bank Service Charge
10/20/01 Bank Service Charge
11/20/01 Bank Service Charge
12/20/01 Bank Service Charge
1/20/02 Bank Service Charge
2/20/02 Bank Service Charge
1/02 First and Final Account Filing Pee
340.00
75.00
67.91
25.00
4.00
4.00
4.00
4.00
4.00
4.00
113.00
Federal and State Taxes
9/19/01 Pennsylvania Department of Revenue - Inheritance Tax 54,271.67
Fees and Commissions
Reager & Adler, P.C. - Legal Fees
Donald J. Halke, Executor's Commission
3,000.00
7,891.62
Total Administrative Expenses
Total
2,294.86
644.91
54,271.67
10,891.62
$68,103.06
8/21/01
8/21/01
First and Final Account
Estate of Martha G. Hivner
Cumberland County Probate Number 21-01-0709
Debts of Decedent
Country Meadows
AT&T
Amount
54.00
3.64
Total
57.64
Schedule of Proposed Distribution
In accordance with Paragraph Two - Disposition of Residuary Estate - of the Last Will
and Testament of Martha G. Hivner, the estate of the decedent shall be distributed as follows:
1. One third (1/3) to James O. Hivner, cousin of the decedent
2. One third (1/3) to Elizabeth T. Cook, niece of the decedent
3. One third (1/3) to Donald J. Halke, friend of the decedent
In accordance with the terms of the Last Will and Testament and in accordance with the
First and Final Account herein each of the residual beneficiaries shall receive that portion of the
estate as set forth opposite their names:
1. James O. Hivner - $111,583.30
2. Elizabeth T. Cook - $111,583.29
3. Donald J. Halke - $111,583.29
$334,749.88 total available for distribution /3 beneficiaries = $111, 583.29 per
beneficiary
-----------
EXHIBIT A
.-----
Register of Wills of CUMBERLAND County, Pennsylvania
Certificate of Grant of Letters
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No. 2001-00709 PA No. 21-01-0709
ESTATE OF HIVNER MARTHA G
(LA~l, tlK~l, M1UUL~)
~ ;:
~
....
-
Late of
HAMPDEN TOWNSHIP
CUM~~KLANU CUUN1Y,
Deceased
WHEREAS, on the 2nd
dated March 1st 2001
was admitted to probate as the last will of HIVNER MARTHA G
(LA~l, tlK~l, M1UUL~)
Social Security No. 207-07-7477
day of August
2001 an instrument
late of HAMPDEN TOWNSHIP CUMBERLAND County, who died on the
27th day of July 2001 and,
WHEREAS, a true copy of the will as probated is annexed hereto.
THEREFORE, I, MARY C. LEWIS , Register of Wills in and for
the County of CUMBERLAND in the Commonwealth of Pennsylvania, hereby certify
that I have this day granted Letters TESTAMENTARY
to BALKE DONALD J
who has duly qualified as Executor (rix)
and has agreed to administer the estate according to law, all of which fully
appears of record in my Office at CUMBERLAND COUNTY COURT HOUSE,
CARLISLE, PENNSYLVANIA.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal
of my Office the 2nd day of August 2001.
* * NOTE * * ALL NAMES ABOVE APPEAR (LAST, FIRST, MIDDLE)
LAST WILL AND TESTAMENT
OF
MARTHA G. HIVNER
I, MARTHA G. HIVNER, of Mechanicsburg, Cumberland County, Pennsylvania, being of
sound and disposing mind, memory and understanding, do hereby make, publish and declare this my
Last Will and Testament, hereby revoking any and all prior Wills and Codicils thereto by me at
anytime heretofore made.
1. PA YMENT OF BURIAL EXPENSES AND DEBTS. I authorize my executor to pay all
the expenses of (1) a funeral or memorial service; (2) the interment of my remains, including
the costs of a gravesite, if necessary; and (3) the installation and inscription of a suitable
marker at, and perpetual care of, the gravesite. I further direct my executor to pay all of my
debts that my executor in his or her sole discretion may allow as claims against my estate.
2. DISPOSITION OF RESIDUARY ESTATE.
2.1 I devise and bequeath all the rest and remainder of my estate, real, personal or mixed
as follows
A. One third (113) to my cousin, JAMES O. HIVNER. If JAMES O. HIVNER
fails to survive me, his share shall be given to his wife PHYLLIS IDVNER.
If PHYLLIS HIVNER fails to survive me, his share shall be given to the
surviving children of James O. and Phyllis Hivner, equally;
B. One third (113) to my niece, ELIZABETH T. COOK. If ELIZABETH T.
COOK fails to survive me, her share shall be given to her surviving
children, equally~
C. One third (1/3) to DONALD J. HALKE. If DONALD J. HALKE fails to
survive me, his share shall be given to his wife, MELANIE A. HALKE. If
MELANIE A. HALKE fails to survive me, his share shall be given to the
surviving children of Donald J. and Melanie A. Halke, equally.
-\'",; ~(' ,).
) / ".... ..' " ,J.! /. " ,( , ,
'/~/>d~/~-..lr'. /"i-,
MARTHA G. HIVNER
3. POWERS OF ADMINISTRATION.
3.1. Grant of Powers. My executor, in the administration of my estate, (my
"fiduciaries") shall have the powers and authorities set forth in this Article 3. These
powers and authorities may be exercised by my executor and trustee in their sole and
absolute discretion, without the permission or order of any court. These powers shall
be supplementary to those conferred by law, including, but not limited to, those set
forth in Title 20, Chapter 33, of the Pennsylvania Consolidated Statutes.
3.2. Retention of Assets. My fiduciaries shall have the power to retain any or all
property of my estate, however received and acquired, for so long as they deem
appropriate. This power may be exercised even though the property may not be of
the type authorized by law for investment, and even though the retention may leave
a disproportionately large amount of the value of my estate invested in one type of
property.
3.3. Transfer of Assets. My fiduciaries shall have the power to sell, transfer, and convey
any property, of whatever nature, including real property, and wherever situated, that
I may own at the time of my death, or that may come into my estate or after my death.
The sale, transfer, or conveyance may be by public or private sale, at such time, on
such terms and conditions, including selling price and credit, in such manner, and for
any reason that my fiduciaries deem appropriate, including, but not limited to, the
purpose of obtaining net proceeds to be distributed to my residuary beneficiaries.
3.4. Investment. My fiduciaries shall have the power to invest and reinvest any property
in my estate in preferred and common stocks, bonds, notes, common trust funds
(including any managed by any corporate fiduciary), interests in investments, trusts,
mutual funds, leases, mortgages on property wherever located, and, generally, in any
property and in proportions of property as my fiduciaries deem advisable, even
though the investments are not of the character or proportions authorized by
applicable law for the investment of the funds.
3.5. Power to Borrow. My fiduciaries shall have the power to borrow money for any
purpose, for any periods of time, and on any terms and conditions as they deem
advisable (including the power to borrow from any corporate fiduciary), and to
pledge, mortgage, or otherwise encumber any property in my estate to secure
repayment of any loan, as well as the power to renew existing loans either as maker
or endorser.
3.6. Power to Hold Property in Nominee Form. My fiduciaries shall have the power
to hold any property in the name of a nominee or in bearer form.
)/1~.J /-/~
2 MARTHA G. HIVNER
3.7. Distribution in Cash or in Kind. My fiduciaries shall have the power to make
distributions in cash or in kind, or partly in cash, in divided or undivided interests,
as amended, or other applicable law, and to determine which assets shall be sold and
which shall be distributed in kind, without notice to or consent by any beneficiary.
3.8. Distribution to Minors and Persons Under Disabili(y. My fiduciaries shall have
the power to make distributions or payments to or for the benefit of any beneficiary
who is a minor, an incompetent, or who in the fiduciaries' judgment is incapacitated.
The distributions or payments shall be made in anyone or more of the following
ways: (1) directly to the beneficiary; (2) directly to the creditor in payment of the
debts or expenses of the beneficiary; (3) to the guardian of the person or estate of the
beneficiary; (4) to any custodial parent of a minor beneficiary; (5) to a custodian for
the beneficiary under any law related to gifts to minors, including to my fiduciaries
in that capacity; or (6) to any other person who shall have the care and custody of the
person of the beneficiary. There shall be no duty to see to the application of funds
so paid, provided due care was exercised in the selection of the person to whom the
funds were paid, and the receipt of the person shall be full acquittance of the
fiduciaries.
3.9. Continuation or Liquidation of Business. My fiduciaries shall have the power to
continue or to permit the continuation or- any business, incorporated or
unincorporated, in which I may have any interest at the time of my death for any
period of time, or to liquidate the business on any terms as they deem appropriate.
This power includes, but is not limited to (1) the power to invest additional sums in
any business, even to the extent that my estate may be invested largely or entirely in
the business, without liability for any loss resulting from lack of diversification; (2)
the power to act as or to select other persons to act as directors, officers, or
employees of any business, to be compensated without regard to being a fiduciary
under this Will; and (3) the power to make any other arrangements in regard to any
business as my fiduciaries shall deem proper.
3.10. Employment of Agents. My fiduciaries shall have the power to employ and pay the
compensation of any and all attorneys, agents, custodians, attorneys-in-fact, experts,
investment counsel, accountants, bookkeepers, or other agents or providers of
services as my fiduciaries deem advisable in the administration of my estate.
3.11. Commissions. My fiduciaries shall have the power to take reasonable commissions
on account at any time during the administration of my estate without the approval
of any beneficiary or of the court, but subject to allowance or disallowance on the
settlement of the final accounts of my fiduciaries.
/?t...~ .;~ /(r /..../. ~~.;_
3 MARTHA G. HIVNER
3.12. Third Party Reliance. No person or corporation dealing with my executor shall be
required to see to the application of any property paid or delivered to my executor,
or to inquire into either the authority of my executor to enter into any transaction or
the expediency or propriety of any transaction entered into by my executor.
3.13 Charitable Donations. In the event that any of my tangible personal property is
donated to a charitable organization(s) then my fiduciary is instructed to use
the value of said donationes) as an inheritance tax deduction for any inheritance tax
return which may be required to be filed as a consequence of my death.
4. PAYMENT OF DEATH TAXES.
4.1. Payment of Estate Taxes. I direct that all federal and Pennsylvania estate taxes
payable as a result of taxes assessed on property passing under this Will shall be paid
from my residuary estate as a part of the expenses of the administration of the estate.
4.2. Inheritance Tax. I direct that the Pennsylvania inheritance taxes payable as a result
of my death, limited to taxes assessed on property passing under this Will, shall be
paid out of my residuary estate and shall not be deducted or collected from any
beneficiary under this Will or other transferee.
s. EXECUTOR.
5.1. Appointment. I name, constitute, and appoint DONALD J. HALKE, as executor
of my estate. If DONALD J. HALKE shall not survive me, shall not serve as
executor for any reason, or shall cease to serve as executor for any reason after
appointment, his wife, MELANIE A. BALKE, shall act as executor in his place.
5.2. Bond Not Required. None of the individuals named in Section 5.1 shall be required
to furnish a bond for the faithful performance of his duties as executor.
6. PRESUMPTION IN CASE OF SIMULTANEOUS DEATH. For the purposes of this
Will, in determining whether a person has survived me or another person, a person shall not
be deemed to have survived me or another person if he or she dies within sixty (60) days of
my death or of the death of the other person.
7. LIABILITY OF EXECUTOR. My executor shall not at any time be liable for mistake of
law or of fact, or both law and fact, or errors of judgment, nor for any loss coming to any
/h,'CL.n- /, J~~
4 MARTHA G. HIVNER
beneficiary under this Will, or to any other persons, except through actual fraud or willful
misconduct on the part of the executor or trustee. My executor may, from time to time,
consult with counsel with respect to the meaning, construction, and operation of this Will,
particularly with respect to the appointments, allocations, and disbursements, and may act
on the advice of counsel in all matters without incurring liability on account of his or her
actions.
8. INTERPRET A TION.
8.1 Successors of Fiduciaries. All pronouns referring to an executor and the term
"executor" shall be construed to mean any person acting as my executor, co-executor,
personal representative, or administrator, as the case may be.
8.2 Number and Gender. Ifrequired by the context of this Will, singular language shall
be construed as plural, plural language shall be construed as singular, and the gender
of personal pronouns shall be construed as either masculine, feminine, or neuter.
8.3 Headings. All headings used in this Will to describe the contents of each article,
paragraph, or other division are provided for convenience only and shall not be
construed to be a part of this Will.
8.4 Governing Law. This Will shall te construed in conformity with the law of the
Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and
Testament, consisting of five (5) typewritten pages, the first four (4) of which bear my signature in
the margin for the purpose of identification, this ~ day of }//f.l!11I ,2001.
/ti .J., 1~. L A. ) -/ ;/I-:J~_
MARTHA G. HIVNER
~~$w
(A /
Signed, sealed, published and declared by the above-named Testatrix, MARTHA G. HIVNER, as
and for her Last Will and Testament, in the sight and presence of us, who, at her request, in her sight and
presen {d in the si ~prese e of each other, have hereunto subscribed our names as witnesses.
~ Address 2 37; I//Q~/ J r
t{/I/l pI. ~ #
';3:31 ~.JzJ~
tLr /2tJlJ IA L70/1
Address
5
COMMONWEALTH OF PENNSYLVANIA )
: SS.
COUNTY OF )
I, MARTHA G. HIVNER, THE TEST A TRlX, WHOSE NAME IS SIGNED TO THE
FOREGOING INSTRUMENT, HAVING BEEN DULY QUALIFIED ACCORDING TO LAW, DO
HEREBY ACKNOWLEDGE THAT I SIGNED AND EXECUTED THE INSTRUMENT AS MY LAST
WILL AND TESTAMENT; THAT I SIGNED IT WILLINGLY; AND THAT I SIGNED IT AS MY FREE
AND VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED.
SWORN OR AFFIRMED TO. AND ACKNOW,lJ-EDGEP BEFORE ME BY MARTHA G.
HIVNER, THE TESTATRIX THIS I ~ DAY OF ' t /tfA<- C--- , 2001.
Notarial Seal
Monica D. Zercher, Notary Public
Camp Hili Bom, Cumberland County
My Commission Expires Jan. 14,2002
Member, Pennsylvama ASSOCiation ot Notarll'
)J/~l,.....--:I::! ,b. .J:J. /+_kn~
MARTHA G. HIVNER
Ilb~
NOTARY PUBLIC
)
: SS.
COUNTY OF )
WE, Iv/fl/(I 't. rc,UZ-Cto AND (1r',S+'NC M. S+Chle..r
THE WITNESSES WHOSE NAMES ARE SIGNED TO THE FOREGOING INSTRUMENT, BEING
DULY QUALIFIED ACCORDING TO LAW, DEPOSE AND SAY THAT WE WERE PRESENT AND
SA W THE AFORESAID TESTATRIX SIGN AND EXECUTE THE INSTRUMENT AS HER LAST WILL
AND TESTAMENT; THAT SHE SIGNED WILLINGLY AND THAT SHE EXECUTED IT AS HER FREE
AND VOLUNT AR Y ACT FOR THE PURPOSES THEREIN EXPRESSED; THAT EACH OF US IN THE
HEARING AND SIGHT OF THE TESTA TRlX SIGNED THE WILL AS WITNESSES; AND THAT TO
THE BEST OF OUR KNOWLEDGE THE TESTA TRlX WAS AT THE TIME EIGHTEEN (18) OR MORE
YEARS OF AGE, OF SOUND MIND AND UNDER NO CONSTRAINT OR UNDUE INFLUENCE.
jSf DAYOF
COMMONWEALTH OF PENNSYLVANIA
i~l SWORN OR AFFIRMED TO AND SUBSCRlB
/~' ~l.. (, ~ ,2001.
I
Notanal Seal
Monica D. Zercher, Notary Public
Camp HiI.' Boro, Cumberland County
My Commission Expires Jan. 14,2002
Member, Pennsylvania' ASSOCIation 01 N6ltHl~:;
CUMBERLAND LAW JOURNAL
2 LIBERTY AVENUE
CARLISLE, PA 17013
AUGUST 31, 2001
Cumberland Law Journal is published every Friday by the Cumband County Bar
Association and is designated by the Court of Common Pleas as the official legal publication for
Cumberland County and the legal newspaper for publication of legal notices.
TO:
Linus E. Fenic1e, ESQUIRE
RE:
Martha G. Hivner, ESTATE
Legal advertisements nlust be received by Friday Noon. All legal advertising must be
paid in advance. Make all checks payable to: Cumberland Law Journal.
---------------------------------------------------------------------
---------------------------------------------------------------------
Advertisement inserted on following dates:
AUGUST 17,24, 31,2001
Advertising Cost
$ 75.00
$ 0.00
$ 0.00
$ 75.00
-------------
Proof of Publication
Second Proof Request
Payment received
Total Amount Due
$
0.00
Payment received AUGUST 13.2001
by Beckv H. Morgenthal/Executive Director
~
EXHIBIT B
. .
PROOF OF PUBLICATION
State of Pennsylvania,
County of Cumberland.
Sherry Clifford, Classified Ad Manager of THE SENTINEL,
of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of
general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th,
1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice
or publication attached hereto is exactly the same as was printed and published in the regular editions and
issues of THE SENTINEL on the following dates, viz
Copy of Notice of Publication
ESTATE NOTICE
letters Testamentary for
the Estate of MARTHA
G. HIVNER wbodied
July 27, 2001, late of the
Township Qf H~en
were granted to Donald
J. Halke. EX$cutor, on
August 2,2001,A11
tho.se having a claim or
those Indebted to the
estate should make their
position known by
contac::ting:
Linus E. Fenicle, Esquire
Reager & Adler, P.C.
2331 Market Street
Camp Hill, PA 17011
(717) 763-1383
August 8, 15 and 22, 2001
Affiant further deposes that he is not interested in
the subject matter of the aforesaid notice or
advertisement, and that all allegations in the
foregoing statement as to time, place and character
of publication are true.
~7/~~
August 22, 2001
Sworn to and subscribed before me this
day of August , 2001.
~O~
Notary Public
22nd
My commission expires:
NOTARIAL SEAL
SHIRLEY O. DURNIN, Notary Public
Carlisle Bora., Cumberland County
Commission Ex 'res Au .9.2003
.
.
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATEOFPENNSYLVANIA :
SSe
COUNTY OF CUMBERLAND :
Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County
and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland
Law Journal, a legal periodical published in the Borough of Carlisle in the County and State
aforesaid, was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
VIZ:
AUGUST 17,24,31,2001
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
BiVDer, Martha G., dec'd.
Late of the Township of Hamp-
den.
Executor: Donald J. Halke.
Attorney: Linus E. Fenic1e. Es-
quire. Reager & Adler. P.C.. 2331
Market Street. Camp Hill. PA
17011. (717) 763-1383.
SWORN TO AND SUBSCRIBED before me this
31 day of AUGUST. 2001
.
.
CUMBERLAND LAW JOURNAL
2 LIBERTY AVENUE
CARLISLE, PA 17013
AUGUST 31, 2001
Cumberland Law Journal is published every Friday by the Cumband County Bar
Association and is designated by the Court of Common Pleas as the official legal publication for
Cumberland County and the legal newspaper for publication of legal notices.
TO:
Linus E. Fenicle, ESQlJIRE
RE:
Martha G. Rivner, ESTATE
Legal advertisements must be received by Friday Noon. All legal advertising must be
paid in advance. Make all checks payable to: Cumberland Law Journal.
--------------------------------------------
-------------------------------------------------
Advertisement inserted on following dates:
AUGUST 17,24,31,2001
Advertising Cost
$ 75.00
Proof of Publication
$ 0.00
Second Proof Request
$ 0.00
PaYment received
$ 75.00
Total Amount Due
$
0.00
--------
------
PaYment received AUGUST 13. 2001
by Becky H. Morgenthal/Executive Director
BXHIBIT C
. .
BUREAU OF INDIVIDUAL TAXES
INHERITANCE TAX DIVISION
DEPT. 280601
HARRISBURG. PA 17128-0601
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
INHERITANCE TAX
STATEMENT OF ACCOUNT
..
IEY-lU7 EX AFP 112-DI)
LINUS E FENICLE
REAGER & ADLER
2331 MARKET ST
CAMP HILL
DATE
ESTATE OF
DATE OF DEATH
FILE NUMBER
COUNTY
ACN
11-19-2001
HIVNER
07-27-2001
21 01-0709
CUMBERLAND
101
MARTHA
G
Allount Rellitted
PA 17011
MAKE CHECK PAYABLE AND REMIT PAYMENT TO:
REGISTER OF WILLS
CUMBERLAND CO COURT HOUSE
CARLISLE, PA 17013
NOTE: To insure proper credit to your account, subllit the upper portion of this form with your tax paYllent.
CUT ALONG THIS LINE .- RETAIN LOWER PORTION FOR YOUR RECORDS ~
REV =i6"ifj-e:X--AFP--fi"2-:oo-r------...-iNirERi'i"-ANc'E--TAX-STA-fEM'E-NT-cfF-AC-couiff--...---------------- - - ---
ESTATE OF HIVNER MARTHA G FILE NO.21 01-0709 ACN 101 DATE 11-19-2001
THIS STATEMENT IS PROVIDED TO ADVISE OF THE CURRENT STATUS OF THE STATED ACN IN THE NAMED ESTATE. SHOWN BELOW
IS A SUMMARY OF THE PRINCIPAL TAX DUE, APPLICATION OF ALL PAYMENTS, THE CURRENT BALANCE, AND, IF APPLICABLE,
A PROJECTED INTEREST FIGURE.
DATE OF LAST ASSESSMENT OR RECORD ADJUSTMENT: 11-05-2001
P R I NC I PAL TAX DU E : .......................................................................................
57,128.07
PAYMENTS (TAX CREDITS):
PAYMENT RECEIPT DISCOUNT (+) AMOUNT PAID
DATE NUMBER INTEREST/PEN PAID (-)
09-25-2001 CDOO0313 2,856.40 54,271.67
TOTAL TAX CREDIT 57,128.07
BALANCE OF TAX DUE .00
INTEREST AND PEN. .00
. IF PAID AFTER THIS DATE, SEE REVERSE TOTAL DUE .00
SIDE FOR CALCULATION OF ADDITIONAL INTEREST.
( IF TOTAL DUE IS LESS THAN $1,
NO PAYMENT IS REQUIRED.
IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR),
YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS. )
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
INHERITANCE TAX DIVISION
DEPT. 280601
HARRISBURG, PA 17128-0601
NOTICE OF INHERITANCE TAX
APPRAISEMENT, ALLOWANCE OR DISALLOWANCE
OF DEDUCTIONS AND ASSESSMENT OF TAX
DATE
ESTATE OF
DATE OF DEATH
FILE NUMBER
COUNTY
ACN
11-05-2001
HIVNER
07-27-2001
21 01-0709
CUMBERLAND
101
LINUS E FENICLE
REAGER & ADLER
2331 MARKET ST
CAMP HILL
PA 17011
.*
REY-1547 EX AFP HZ-DD)
MARTHA
G
Allount Rellitted
CHANGED
(1)
(2)
(3)
(4)
(5)
(6)
(7)
.00
.00
.00
.00
394.580.86
.00
.00
(8)
MAKE CHECK PAYABLE AND REMIT PAYMENT TO:
REGISTER OF WILLS
CUMBERLAND CO COURT HOUSE
CARLISLE, PA 17013
CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~
ii"f,,=is4-j-i:x--AFP-fi'2-:oo1--No,.-icE"-oF-.rNHEifiTAN-ci-TAX-A-PPRA-isEi"-ENT:--ALi-oWAN-CE-O~q-----------------
DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX
ESTATE OF HIVNER MARTHA G FILE NO. 21 01-0709 ACN 101 DATE 11-05-2001
TAX RETURN WAS: (X) ACCEPTED AS FILED
RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE
APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN
1. Real Estate (Schedule A)
2. Stocks and Bonds (Schedule B)
3. Closely Held Stock/Partnership Interest (Schedule C)
4. Mortgages/Notes Receivable (Schedule D)
S. Cash/Bank Deposits/Misc. Personal Property (Schedule E)
6. Jointly Owned Property (Schedule F)
7. Transfers (Schedule G)
8. Total Assets
APPROVED DEDUCTIONS AND EXEMPTIONS:
9. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H)
10. Debts/Mortgage Liabilities/Liens (Schedule I)
11. Total Deductions
12. Net Value of Tax Return
13. Charitable/Governmental Bequestsi Non-elected 9113 Trusts (Schedule J)
14. Net Value of Estate Subject to Tax
13,669.39
57.64
(11)
(12)
(13)
(14)
(9)
(10)
NOTE: To insure proper
credit to your account,
subllit the upper portion
of this form with your
tax paYllent.
394,580.86
13 7'J7 03
380,853.83
.00
380,853.83
NOTE: I~ an assessment was issued previously, lines 14, 15 and/or 16, 17, 18 and 19 will
re~lect ~igures that include the total o~ ALL returns assessed to date.
ASSESSMENT OF TAX:
15. Allount of Line 14 at Spousal rate (15)
16. Allount of Line 14 taxable at Lineal/Class A rate (16)
17. Allount of Line 14 at Sibling rate (17)
18. Amount of Line 14 taxable at Collateral/Class B rate (18)
19. Principal Tax Due
TAX CREDITS:
.00 X 00 = .00
.00 X 045 = .00
.00 X 12 = .00
380,853.83 X 15 = 57,128.07
(19)= 57,128.07
PAYMENT RECEIPT DISCOUNT (+) AMOUNT PAID
DATE NUMBER INTEREST/PEN PAID (-)
PAYMENT MUST BE MADE BY 04-27-2002*. TOTAL TAX CREDIT .00
BALANCE OF TAX DUE 57.1128.07
INTEREST AND PEN. .00
TOTAL DUE 57.1128.07
. IF PAID AFTER DATE INDICATED, SEE REVERSE
FOR CALCULATION OF ADDITIONAL INTEREST.
IF TOTAL DUE IS LESS THAN $1.1 NO PAYMENT IS REQUIRED.
IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU MAY BE DUE
A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.)
COMMONWEALTH OF PENNSYLVANIA
OEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES.
DEPT. 280601
HARRISBURG, PA 17128-0601
REV-1162 EX(11-96)
RECEIVED FROM:
PENNSYLVANIA
INHERITANCE AND ESTATE TAX
OFFICIAL RECEIPT
LINUS E FENICLE
2331 MARKET STREET
CAMP HILL, PA 17011
_n_____ fold
ESTATE INFORMATION: SSN: 207-07-7477
FILE NUMBER: 21 - 2001 - 0709
DECEDENT NAME: HIVNER MARTHA G
DA TE OF PAYMENT: 09/25/2001
POSTMARK DATE: 00/00/0000
COUNTY: CUMBERLAND
DATE OF DEATH: 07/27/2001
NO. CD 000313
ACN
ASSESSMENT
CONTROL
NUMBER
AMOUNT
101 I $54,271.67
I
I
I
I
I
I
I
I
TOTAL AMOUNT PAID:
$54,271.67
REMARKS: DONALD HALKE
C/O LINUS E FENICLE
CHECK# NO #
SEAL
INITIALS: DO
RECEIVED BY:
TAXPAYER
MARY C. LEWIS
REGISTER OF WILLS
)
......
ct,
INVENTORY
Estate of HIVNER, MARTHA G.
No.21
C\
~
0709
also known as
Date of Death 07/27/2001
, Deceased
Social Security No.
Personal Representative(s) of the above Estate, deceased, verify that the items appearing in the following inventory include all of the
personal assets wherever situate and all of the real estate in the Commonwealth of Pennsylvania of said Decedent, that the valuation
placed opposite each item of said inventory represents its fair value as of the date of the Decedent's death, and that Decedent owned no
real estate outside the Commonwealth of Pennsylvania except that which appears in a memorandum at the end of this inventory. I/We
verify that the statements made in this inventory are true and correct. I/We understand that false statements herein made are subject to the
penalties of 18 Pa, C.S. Section 4904 relating to unsworn falsification to authorities.
Personal Representative:
I.D. No.:
LINUS E. FENICLE
/J61LIL/
<to
I -'0 7 'f
Name of
Attorney:
Address: 2331 MARKET STREET
CAMP HILL
PA 17011
Telephone: 717-730-7366
Description
Value
Stocks & Bonds
Closely-Held Corporation, Partnership or Sole-Proprietorship
Mortgages & Notes Receivable
Cash, Bank Deposits, & Misc. Personal Property
PSECU - SAVINGS
1,141.13
PSECU - CHECKING
1,420.96
Total
(Attach Additional Sheets if necessary)
394,580.86
NOTE: The Memorandum of real estate outside the Commonwealth of Pennsylvania may, at the election of the personal representative,
include the value of each item, but such figures should not be extended into the total of the Inventory.
RW-4
.~ -..
Continuation of Inventory
HIVNER, MARTHA G.
21
20
0709
Pa~e 1
Description of Inventory
Description
PSECU - CERTIFICATE OF DEPOSIT
Value
35,449.91
PSECU - CERTIFICATE OF DEPOSIT
81,552.45
PSECU - CERTIFICATE OF DEPOSIT
10,801.65
PSECU - CERTIFICATE OF DEPOSIT
20,005.95
PSECU - CERTIFICATE OF DEPOSIT
41,248.24
PSECU - CERTIFICATE OF DEPOSIT
96,070.65
WAYPOINT BANK - CERTIFICATE OF DEPOSIT
10,039.00
FIRST NATIONAL BANK OF NEWPORT - CERTIFICATES OF DEPOSIT
96,154.92
RETURN OF SECURITY DEPOSIT FROM NURSING HOME
500.00
RETURN OF MEDICAL INSURANCE PREMIUM
162.00
REFUND FROM PHARMACY
34.00
Real Estate
.!'
Subtotal $
Grand Total $
392,018.77;.
394,580.86
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
DEPT. 280601
HARRISBURG, PA 17128-0601
REV-1162 EX(11-96)
RECEIVED FROM:
PENNSYLVANIA
INHERITANCE AND ESTATE TAX
OFFICIAL RECEIPT
LINUS E FENICLE
2331 MARKET STREET
CAMP HILL, PA 17011
-------- fold
ESTATE INFORMATION: SSN: 207-07-7477
FILE NUMBER: 21-2001- 0709
DECEDENT NAME: HIVNER MARTHA G
DA TE OF PAYMENT: 09/25/2001
POSTMARK DATE: 00/00/0000
COUNTY: CUMBERLAND
DATE OF DEATH: 07/27/2001
NO. CD 000313
ACN
ASSESSMENT
CONTROL
NUMBER
AMOUNT
101 I $54,271.67
I
I
I
I
I
I
I
I
TOTAL AMOUNT PAID:
$54,271.67
REMARKS: DONALD HALKE
C/O LINUS E FENICLE
CHECK# NO #
SEAL
INITIALS: DO
RECEIVED BY:
REGISTER OF WILLS
MARY C. LEWIS
REGISTER OF WILLS
'- /6-:J,~/~
BUREAU OF INDIVIDUAL TAXES
INHERITANCE TAX DIVISION
DEPT. Z80601
HARRISBURG, PA 171Z8-0601
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
INHERITANCE TAX
STATEMENT OF ACCOUNT
*'
REV-IU7 EX AFP UZ-DOl
LINUS E FENICLE
REAGER & ADLER
2331 MARKET ST
CAMP HILL
RecoraerirAr, 0":,':: of
Registe~- ~ 0 VYIns ::~: TE OF
DATE OF DEATH
.01 ole -7 All "3SFILE NUMBER
" COUNTY
ACN
12-03-2001
HIVNER
07-27-2001
21 01-0709
CUMBERLAND
101
MARTHA
G
Clerk-i)! s Court
Qanberiand Co. PA
PA 17011 I
Allount Rellitted
MAKE CHECK PAYABLE AND REMIT PAYMENT TO:
REGISTER OF WILLS
CUMBERLAND CO COURT HOUSE
CARLISLE, PA 17013
NOTE: To insure proper credit to your account, subllit the upper portion of this forll with your tax payment.
CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~
REY=ii,o-,-ix-AFP--ri"2:olir------...-iNHERITANcf-fAif-sTATEMi-NY-OF-Accou'Nf--.i.---------------------
ESTATE OF HIVNER MARTHA G FILE NO.21 01-0709 ACN 101 DATE 12-03-2001
THIS STATEHENT IS PROVIDED TO ADVISE OF THE CURRENT STATUS OF THE STATED ACN IN THE NAHED ESTATE. SHOWN BELOW
IS A SUHHARY OF THE PRINCIPAL TAX DUE, APPLICATION OF ALL PAYHENTS, THE CURRENT BALANCE, AND, IF APPLICABLE,
A PROJECTED INTEREST FIGURE.
DATE OF LAST ASSESSMENT OR RECORD ADJUSTMENT: 10-29-2001
P R I NCI PAL TAX DUE: ...........................................................................................................................................................................................................................
57,128.07
PAYMENTS (TAX CREDITS):
PAYMENT RECEIPT DISCOUNT (+) AMOUNT PAID
DATE NUMBER INTEREST/PEN PAID (-)
09-25-2001 CDOO0313 2,856.40 54,271.67
TOTAL TAX CREDIT 57,128.07
BALANCE OF TAX DUE .00
INTEREST AND PEN. .00
. IF PAID AFTER THIS DATE, SEE REVERSE TOTAL DUE .00
SIDE FOR CALCULATION OF ADDITIONAL INTEREST.
( IF TOTAL DUE IS LESS THAN $1,
NO PAYHENT IS REQUIRED.
IF TOTAL DUE IS REFLECTED AS A "CREDIT.. (CRJ,
YOU HAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORH FOR INSTRUCTIONS. )
16'~7'-.!!
BUREAU OF INDIVIDUAL TAXES
INHERITANCE TAX DIVISION
DEPT. Z80601
HARRISBURG I PA 171Z8-0601
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
INHERITANCE TAX
STATEMENT OF ACCOUNT
*
REV-IU7 EX AFP H2-00l
lINUS E FENIClE
REAGER & ADLER
2331 MARKET ST
CAMP HIll
1)1 tilV 26 All:48
DATE
ESTATE OF
DATE OF DEATH
FILE NUMBER
COUNTY
ACN
11-19-2001
HIVNER
07-27-2001
21 01-0709
CUMBERLAND
101
MARTHA
G
AecoraedOm~i of
Register Of 'IVins
Allount Rellitted
I"l_..L..()rt' ,'::; ,',':.. {'r urt
""'VI" '=" ",.. ,-,. 'v '-.AJ .
PACMtierfand Co., PA
MAKE CHECK PAYABLE AND REMIT PAYMENT TO:
REGISTER OF WIllS
CUMBERLAND CO COURT HOUSE
CARLISLE, PA 17013
NOTE: To insure proper credit to your account, subllit the upper portion of this form with your tax paYllent.
CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~
REv:i6(fj-Ex-AFP-(12.:0(ir------...--iNiiiRi'~fANcE-fAx-sT'AfEHE-Nf-cfF-ACCouiif--.-..---------------------
ESTATE OF HIVNER MARTHA G FILE NO.21 01-0709 ACN 101 DATE 11-19-2001
THIS STATEMENT IS PROVIDED TO ADVISE OF THE CURRENT STATUS OF THE STATED ACN IN THE NAMED ESTATE. SHOWN BELOW
IS A SUMMARY OF THE PRINCIPAL TAX DUE, APPLICATION OF ALL PAYMENTS, THE CURRENT BALANCE, AND, IF APPLICABLE,
A PROJECTED INTEREST FIGURE.
DATE OF lAST ASSESSMENT OR RECORD ADJUSTMENT: 11-05-2001
PR I NCI PAL TAX DU E : ...........................................................................................................................................................................................................................
57,128.07
PAYMENTS (TAX CREDITS):
PAYMENT RECEIPT DISCOUNT (+) AMOUNT PAID
DATE NUMBER INTEREST/PEN PAID (-)
09-25-2001 CDOO0313 2,856.40 54,271.67
TOTAL TAX CREDIT 57,128.07
BALANCE OF TAX DUE .00
INTEREST AND PEN. .00
. IF PAID AFTER THIS DATE, SEE REVERSE TOTAL DUE .00
SIDE FOR CALCULATION OF ADDITIONAL INTEREST.
( IF TOTAL DUE IS LESS THAN $1,
NO PAYMENT IS REQUIRED.
IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR),
YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS. )
\/h-02-Y'?-$
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
INHERITANCE TAX DIVISION
DEPT. 280601
HARRISBURG I PA 17128-0601
NOTICE OF INHERITANCE TAX
APPRAISEHENT, ALLOWANCE OR DISALLOWANCE
OF DEDUCTIONS AND ASSESSHENT OF TAX
LINUS E FENICLE
REAGER & ADLER
2331 MARKET ST
CAMP HILL
DATE
ESTATE OF
DATE OF DEATH
FILE NUMBER
COUNTY
ACN
11-05-2001
HIVNER
07-27-2001
21 01-0709
CUMBERLAND
101
'*
REV-1547 EX AFP U2-UDJ
MARTHA
G
Allount Rellitted
PA 17.1J11
MAKE CHECK PAYABLE AND REMIT PAYMENT TO:
REGISTER OF WILLS
CUMBERLAND CO COURT HOUSE
CARLISLE, PA 17013
CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~
R"E-y=is4-j-ix--AFP-fi"2"=ocir-NCifici--OF-i-NHiifiTANCE-TA)rAPPRAisiMENT~--Ai:LOWAirCE-oi-----------------
DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX
ESTATE OF HIVNER MARTHA G FILE NO. 21 01-0709 ACN 101 DATE 11-05-2001
TAX RETURN WAS: (X) ACCEPTED AS FILED
) CHANGED
RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE
APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN
1. Real Estate (Schedule A)
2. Stocks and Bonds (Schedule B)
3. Closely Held Stock/Partnership Interest (Schedule C)
4. Hortgages/Notes Receivable (Schedule D)
S. Cash/Bank Deposits/Hisc. Personal Property (Schedule E)
6. Jointly Owned Property (Schedule F)
7. Transfers (Schedule G)
8. Total Assets
(1)
(2J
(3)
(4)
(SJ
(6)
(7)
.00
.00
.00
.00
394.580.86
.00
.00
(8)
APPROVED DEDUCTIONS AND EXEMPTIONS:
9. Funeral Expenses/Adll. Costs/Hisc. Expenses (Schedule HJ
10. Debts/Hortgage Liabilities/Liens (Schedule I)
11. Total Deductions
12. Net Value of Tax Return
13. Charitab1e/Governllenta1 Bequests; Non-elected 9113 Trusts (Schedule J)
14. Net Value of Estate Subject to Tax
(9)
(10)
13,669.39
57.64
(11)
(12)
(13)
(14)
NOTE: To insure proper
credit to your account,
subllit the upper portion
of this form with your
tax payment.
394,580.86
13 7'?7 03
380,853.83
.00
380,853.83
NOTE: If an assessment was issued previously, lines 14, 15 and/or 16, 17, 18 and 19 will
reflect figures that include the total of ~ returns assessed to date.
ASSESSMENT OF TAX:
15. Amount of Line 14 at Spousal rate
16. Amount of Line 14 taxable at Lineal/Class A rate
17. Allount of Line 14 at Sibling rate
18. Allount of Line 14 taxable at Collateral/Class B rate
19. Principal Tax Due
(1S) .00 X 00 = .00
(16) .00 X 045 = .00
(17) .00 X 12 = .00
(18) 380,853.83 X 15 = 57,128.07
(19J= 57,128.07
TAX CREDITS:
PAYHENT RECEIPT DISCOUNT (+) AHOUNT PAID
DATE NUHBER INTEREST/PEN PAID (-)
PAYMENT MUST BE MADE BY 04-27-2002~. TOTAL TAX CREDIT .00
BALANCE OF TAX DUE 57,128.07
INTEREST AND PEN. .00
TOTAL DUE 57,128.07
. IF PAID AFTER DATE INDICATED, SEE REVERSE
FOR CALCULATION OF ADDITIONAL INTEREST.
( IF TOTAL DUE IS LESS THAN $1, NO PAYHENT IS REQUIRED.
IF TOTAL DUE IS REFLECTED AS A "CREDIYW. (CRJ, YOU HAY BE DUE
A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.)
PLEASE FILE THIS REPORT WITHIN TWO YEARS OF DATE OF DEATH
REGARDLESS OF THE STATUS OF THE ESTATE. IF ESTATE IS NOT COMPLETED,
FILE a 6.12 FORM YEARLY UNTIL COMPLETION.
()/'
'oK
.
, )
STATUS REPORT UNDER RULE 6.12
or,::
::: (';~
::s~
0" "
Name of Decedent: Martha G. Hivner (T;
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C-.
c:
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8
Date of Death: July 27.2001
(",::,
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Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with
respect to completion of the administration of the above-captioned estate:
Will No.: 21-01-0709
Admin. No.:
~"
J.> ;-:,,:;.
1. State whether administration of the estate is complete:
Yes X
No
2. If the answer is No, state when the personal representative reasonably believes that
the administration will be complete:
3. If the answer to No.1 is yes, state the following:
A. Did the personal representative file a final account with the court?
Yes
X
No
B. The separate Orphans' Court No. (if any) for the personal representative's
account is: The number is the same as the Will Number
C. Did the personal representative state an account informally to the parties in
interest? Yes X No
D. Copies of receipts, releases, joinders and approvals of formal or informal
accounts may be filed with the Clerk of the Orphans' Court and may be
attached to this report.
Date: ~#2/tl3
Li us. E. Fenicle, Esquire
Reager & Adler, P.C.
2331 Market Street
Camp Hill, P A 17011
(717) 763-1383
Counsel for Personal Representative
.
Cumberland County - Register Of Wills
Hanover and High Street
Carlisle, PA 17013
Phone: (717) 240-6345
~
Date: 6/10/2003
HALKE DONALD J
90 BUTTONWOOD ROAD
NEWPORT, PA 17074
RE: Estate of HIVNER MARTHA G
File Number: 2001-00709
Dear Sir/Madam:
It has come to my attention that you have not filed the Status
Report by Personal Representative (Rule 6.12) in the above captioned
estate.
As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO.
103 SUPREME COURT RULES DOCKET NO. I, for decedents dying on or after
July I, 1992, the personal representative or his counsel, within two
(2) years of the decedent's death, shall file with the Register of
Wills a Status Report of completed or uncompleted administration.
This filing will become delinquent on: 7/27/2003
Your prompt attention to this matter will be appreciated.
Thank You.
Sincerely,
DONNA M. OTTO
DEPUTY REGISTER OF WILLS
cc: IFile
Counsel
Judge
REV-15C'!lID<+(6-00) . _
'*'
COMMONWEALTH OF
PENNSYLVANIA
DEPARTMENT OF REVENUE
DEPT. 280601
HARRISBURG, PA 17128.0601
REV-1500
INHERITANCE TAX RETURN
RESIDENT DECEDENT
OFFICiAl USE ONLY
c
7-3
FILE NUMBER 0 I
21"2 ll- 0709
"'COUNTYCODE ---VEAR- - - 'NUim:R--
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W
C
DECEDENT'S NAME (LAST, FIRST, AND MIDDLE INITIAL)
HIVNER MARTHA G.
DATE OF DEATH (MM-OD-Year)
DATE OF BIRTH (MM-DD-Year)
SOCIAL SECURITY NUMBER
THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
SOCIAL SECURITY NUMBER
W
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x:$U)
u"'''
w~u
:I:n:9
u"-,,,
"-
<
07/27/2001 12/14/1912
(IF APPLICABLE) SURVIVING SPOUSE'S NAME (LAST, FIRST, AND MIDDLE INITIAL)
[Xl 1. Original Return
o 4. Limited Estate
o 6. Decedent Died Testate (Attach copy of Will}
o 9. Litigation Proceeds Received
o 2. Supplemental Return
o 4a. Future Interest Compromise (date ofdealh after 12.12.82)
o 7, Decedent Maintained a Living Trust (Attach copy ofTrust)
o 10. Spousal Poverty Credit (dateofdealh between 12-31-91 and 1-1-95)
o 3. Remainder Return (date ofdeath prior to 12-13-82}
o 5. Federal Estate Tax Return Required
Q... 8. Total Number of Safe Deposit Boxes
o 11. Election to tax under Sec. 9113{A) (Attach Sch 0)
THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX..INFORMATION,SHOULOSEOIRECTEO TO:
NAME COMPLETE MAILING ADDRESS
LINUS E, FENICLE 2331 MARKET STREET
FIRM NAME (If Applicable)
REAGER & ADLER P.C.
TELEPHONE NUMBER
717-730-7366 CAMP HILL PA 17011
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1. Real Estate (Schedule A)
2. Stocks and Bonds (Schedule B)
3. Closely Held Corporation, Partnership or Sole-Proprietorship
4. Mortgages & Notes Receivable (Schedule D)
5. Cash, Bank Deposits & Miscellaneous Personal Property
(Schedule E)
6. Jointly Owned Property (Schedule F)
o Separate Billing Requested
7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property
(Schedule G or L)
8. Total Gross Assets (total Lines 1-7)
9. Funeral Expenses & Administrative Costs (Schedule H) (9)
10. Debts of De<:edent, Mortgage Liabilities, & Liens (Schedule I) (10)
11. Total Deductions (total Lines 9 & 10)
12. Net Value of Estate (Line 8 minus line 11)
13. Charitable and Governmental Bequests/See 9113 Trusts for which an election to tax has not been
made (Schedule J)
OFFICIAL USE ONLY
(1)
(2)
(3)
(4)
(5) 394,580.86
(6)
(7)
(8)
394,580.86
13,669.39
57,64
X .0_(15)
X .0_(16)
X .12 (17)
380,853,83 X .15 (18) 57,128.07
(19) 57,128.07
14. Net Value Subject to Tax (Line 12 minus Line 13)
SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES
15. Amount of Line 14 taxable at the spousal tax
rate, or transfers under Sec. 9116 (a)(1.2)
16. Amount of Line 14 taxable at lineal rate
(11)
(12)
(13)
13,727.03
380,853.83
17. Amount of line 14 taxable at sibling rate
(14)
380,853,83
18. Amount of line 14 taxable at collateral rate
20. D
CHECK HERE IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT
> > BE SURE TO ANSWER ALL QUESTIONS ON REVERSE SIDE AND RECHECK MATH < <
19. Tax Due
Decedent's Coml'llete Address:
STREET ADDRESS
4905 EAST TRINDLE ROAD
CITY I STATE I ZIP
MECHANICSBURG PA 17055
Tax Payments and Credits:
1. Tax Due (Page 1 Line 19)
2. Credits/Payments
A Spousal Poverty Credit
B. Prior Payments
C. Discount
(1)
57,128.07
2.856.40
Total Credits (A + B + C)
(2)
2,856.40
3. interesUPenalty if applicable
D. Interest
E. Penalty
TotallnteresUPenalty (0 + E) (3)
4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT.
Check box on Page 1 Line 20 to request a refund (4)
5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5)
A Enter the interest on the tax due. (5A)
B. Enter the total of Line 5 + 5A This is the BALANCE DUE. (5B)
Make Check Payable to: REGISTER OF WILLS, AGENT
0.00
54,271.67
54,271.67
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS
1. Did decedent make a transfer and: Yes No
a. retain the use or income of the property transferred; ........................................................................... D 00
b. retain the nght to designate who shall use the property transferred or its income; ........................................ 0 IZI
c. retain a reversionary interest; or ...................................................................................................... D lRl
d. receive the promise for life of either payments, benefifs or care? ............................................................. 0 IZI
2. If death occurred affer December 12, 1982, did decedent transfer property within one year of death
without receiving adequate consideration?.......................................................................... .................... 0 IZI
3. Did decedent own an "in trust fo( or payable upon death bank account or security at his or her death? ................. 0 IZI
4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which
contains a beneficiary designation? .............. ............................... .................................... ................... D [K]
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN.
DATE
<1 ,," <>,
PA 17074
DATE
J 'f/n
ADDRESS
LINUS E. FENICLE
2331 MARKET STREET, CAMP HILL
PA 17011
For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 3%
[72 PS. ~9116 (a) (1.1) (i)].
For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0% [72 P.S. ~9116 (a) (1.1) (ii)l.
The statute does not exemot a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax retum are still applicable even jf
the surviving spouse is the only beneficiary.
For dates of death on or affer July 1, 2000:
The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent, an adoptive parent,
or a stepparent of the child is 0% [72 P.S. ~9116(a)(1.2)].
The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5%, except as noted in 72 P.S. ~9116(1.2) [72 P.S. ~9116(a)(1)].
The tax rate imposed on the net value of Iransfers to or for the use of the decedent's siblings is 12% [72 P.S. ~9116(a)(I.3)]. A sibling is defined, under Section 9102, as an
individual who has at least one parent in common with the decedent, whether by blood or adoption.
'EV""'EV"'""..
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE E
CASH, BANK DEPOSITS, & MISC.
PERSONAL PROPERTY
ESTATE OF
HIVNER. MARTHA G
FILE NUMBER
21 20
0709
Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointly-owned with the right of survivorship must be disclosed on Schedule F.
ITEM
NUMBER
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
DESCRIPTION
VALUE AT DATE
OF DEATH
1,141.13
PSECU - SAVINGS
PSECU - CHECKING
1,420.96
PSECU - CERTIFICATE OF DEPOSIT
35,449.91
PSECU - CERTIFICATE OF DEPOSIT
81,552.45
PSECU - CERTIFICATE OF DEPOSIT
10,801.65
PSECU - CERTIFICATE OF DEPOSIT
20,005.95
PSECU - CERTIFICATE OF DEPOSIT
41,248.24
PSECU - CERTIFICATE OF DEPOSIT
96,070.65
WAYPOINT BANK - CERTIFICATE OF DEPOSIT
10,039.00
FIRST NATIONAL BANK OF NEWPORT - CERTIFICATES OF DEPOSIT
96,154.92
RETURN OF SECURITY DEPOSIT FROM NURSING HOME
500.00
RETURN OF MEDICAL INSURANCE PREMIUM
162.00
REFUND FROM PHARMACY
34.00
TOTAL (Also enter on line 5. Recapitulation) $
(If more space is needed, Insert additional sheets of fhe same size)
394 580.86
'''''''',.,,''''.
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE H
FUNERAL EXPENSES &
ADMINISTRATIVE COSTS
ESTATE OF
HIVNER MARTHA G
FilE NUMBER
21
20
0709
Debts of decedent must be reported on Schedule I.
ITEM
NUMBER DESCRIPTION AMOUNT
A FUNERAL EXPENSES:
1. ZIMMERMAN AUER FUNERAL HOME 2,294,86
B, ADMINISTRATIVE COSTS:
1. Personal Representative's Commissions
Name of Personal Representative (5) DONALD HALKE 7,891,62
Social Security Numbe~s) I EIN Number of Personal Representative(s)
Street Address 90 BUTTONWOOD ROAD
City NEWPORT State PA Zip 17074
Year(s) Commission Paid: 2001
2 Attorney Fees REAGER & ADLER, P,C, 3,000,00
3, Family Exemption: (If decedenfs address is not the same as c1aimanfs, attach explanation)
Claimant
Street Address
City State Zip
Relationship of Claimant to Decedent
4, Probate Fees CUMBERLAND COUNTY REGISTER OF WILLS 340,00
5, Accountanfs Fees
6, Tax Return Preparer's Fees
7, CUMBERLAND LAW JOURNAL 75,00
8, THE SENTINEL 67,91
TOTAL (Also enter on line 9, Recapitulation) $ 13669,39
(If more space is needed, insert additional sheets of the same size)
REV'''''''.'''''''.
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE I
DEBTS OF DECEDENT,
MORTGAGE LIABILITIES & LIENS
ESTATE OF
HIVNER MARTHA G.
FILE NUMBER
21 20
0709
Include unreimbursed medical expenses.
ITEM
NUMBER
DESCRIPTION
AMOUNT
1.
COUNTRY MEADOWS
54.00
2.
AT&T
3.64
TOTAL (Also enter on line 10, Recapitulation) $
(If more space IS needed, Insert additional sheets of the same size)
57.64
REV_1513-EX+l1_S71.'
. ,
__.___ __u__
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE J
BENEFICIARIES
ESTATE OF
FILE NUMBER
1-lI\l~I"'" ",r., 21 ?n n7nQ
RELATIONSHIP TO DECEDENT AMOUNT OR SHARE
NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE
I. TAXABLE DISTRIBUTIONS (include outright spousal distributions)
1. ELIZABETH T. COOK NIECE ONE THIRD
71 DIVIDING RIDGE ROAD
HALIFAX, PA 17032
2, JAMES O. HIVNER COUSIN ONE THIRD
6720 HILLHAVEN DRIVE
PLANO, TEXAS 75024
3. DONALD HALKE FRIEND ONE THIRD
90 BUTTONWOOD ROAD
NEWPORT, PA 17074
ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 17, AS APPROPRtATE, ON REV 1500 COVER SHEET
II. NON-TAXABLE DISTRIBUTIONS:
A SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE
1.
B, CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
1.
TOTAL OF PART II - ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV 1500 COVER SHEET $
(It more space is needed, Insert additional sheets of the same size)
Register of Wills of CUMBERLAND County, Pennsylvania
Certificate of Grant of Letters
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No. 2001-00709 PA No. 21-01-0709
ESTATE OF HIVNER MARTHA G
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Late of
HAMPDEN TOWNSHIP
CUM~hKLANU CUUN1Y,
Deceased
Social
WHEREAS, on the 2nd
dated March 1st 2001
was admitted to probate as the last will of HIVNER MARTHA G
(LAbl', tLKbl, l'UUUL~)
day
Security No. 207-07-7477
of August
2001 an instrument
late of HAMPDEN TOWNSHIP CUMBERLAND County, who died on the
27th day of July 2001 and,
WHEREAS, a true copy of the will as probated is annexed hereto.
THEREFORE, I, MARY C. LEWIS , Register of Wills in and for
the County of CUMBERLAND in the Commonwealth of Pennsylvania, hereby certify
that I have this day granted Letters TESTAMENTARY
to HALKE DONALD J
who has duly qualified as Executor (rix)
and has agreed to administer the estate according to law, all of which fully
appears of record in my Office at CUMBERLAND COUNTY COURT HOUSE,
CARLISLE, PENNSYLVANIA.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal
of my Office the 2nd day of August 2001.
* *NOTE* * ALL NAMES ABOVE APPEAR (LAST, FIRST, MIDDLE)
. .'
LAST WILL AND TEST AMENT
OF
MARTHA G. HIVNER
I, MARTHA G. HIVNER, of Mechanics burg, Cumberland County, Pennsylvania, being of
sound and disposing mind, memory and understanding, do hereby make, publish and declare this my
Last Will and Testament, hereby revoking any and all prior Wills and Codicils thereto by me at
anytime heretofore made.
I. PAYMENT OF BURIAL EXPENSES AND DEBTS. I authorize my executor to pay all
the expenses of (1) a funeral or memorial service; (2) the interment of my remains, including
the costs of a gravesite, if necessary; and (3) the installation and inscription of a suitable
marker at, and perpetual care of, the gravesite. I further direct my executor to pay all of my
debts that my executor in his or her sole discretion may allow as claims against my estate.
2. DISPOSITION OF RESIDUARY ESTATE.
2.1 I devise and bequeath all the rest and remainder of my estate, real, personal or mixed
as follows
A. One third ('!o) to my cousin, JAMES O. HIVNER. If JAMES O. HIVNER
fails to survive me, his share shall be given to his wife PHYLLIS HlVNER.
If PHYLLIS HIVNER fails to survive me, his share shall be given to the
surviving children of James O. and Phyllis Hivner, equally;
B. One third ('!o) to my niece, ELIZABETH T. COOK. If ELIZABETH T.
COOK fails to survive me, her share shall be given to her surviving
children, equally;
C. One third ('!o) to DONALD J. HALKE. If DONALD J. HALKE fails to
survive me, his share shall be given to his wife, MELANIE A. HALKE. If
MELANIE A. HALKE fails to survive me, his share shall be given to the
surviving children of Donald J. and Melanie A. Halke, equally.
^)""i ._,," ,#-//. j.; /,
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MARTHA G. HIVNER
3.
POWERS OF ADMINISTR'ATION.
3.1. Grant of Powers. My executor, in the administration of my estate, (my
"fiduciaries") shall have the powers and authorities set forth in this Article 3. These
powers and authorities may be exercised by my executor and trustee in their sole and
absolute discretion, without the permission or order of any court. These powers shall
be supplementary to those conferred by law, including, but not limited to, those set
forth in Title 20, Chapter 33, of the Pennsylvania Consolidated Statutes.
3.2. Retention of Assets. My fiduciaries shall have the power to retain any or all
property of my estate, however received and acquired, for so long as they deem
appropriate. This power may be exercised even though the property may not be of
the type authorized by law for investment, and even though the retention may leave
a disproportionately large amount of the value of my estate invested in one type of
property .
3.3. Transfer of Assets. My fiduciaries shall have the power to sell, transfer, and convey
any property, of whatever nature, including real property, and wherever situated, that
I may own at the time of my death, or that may come into my estate or after my death.
The sale, transfer, or conveyance may be by public or private sale, at such time, on
such terms and conditions, including selling price and credit, in such manner, and for
any reason that my fiduciaries deem appropriate, including, but not limited to, the
purpose of obtaining net proceeds to be distributed to my residuary beneficiaries.
3.4. Investment. My fiduciaries shall have the power to invest and reinvest any property
in my estate in preferred and common stocks, bonds, notes, common trust funds
(including any managed by any corporate fiduciary), interests in investments, trusts,
mutual funds, leases, mortgages on property wherever located, and, generally, in any
property and in proportions of property as my fiduciaries deem advisable, even
though the investments are not of the character or proportions authorized by
applicable law for the investment of the funds.
3.5. Power to Borrow. My fiduciaries shall have the power to borrow money for any
purpose, for any periods of time, and on any terms and conditions as they deem
advisable (including the power to borrow from any corporate fiduciary), and to
pledge, mortgage, or otherwise encumber any property in my estate to secure
repayment of any loan, as well as the power to renew existing loans either as maker
or endorser.
3.6. Power to Hold Property in Nominee Form. My fiduciaries shall have the power
to hold any property in the name of a nominee or in bearer form.
J77..,ol-l- j1 /-/~
2 MARTHA G. HlVNER
3.7. Distribution in Cash or in Kind. My fiduciaries shall have the power to make
distributions in cash or in kind, or partly in cash, in divided or undivided interests,
as amended, or other applicable law, and to determine which assets shall be sold and
which shall be distributed in kind, without notice to or consent by any beneficiary.
3.8. Distribution to Minors and Persons Under Disabilitv. My fiduciaries shall have
the power to make distributions or payments to or for the benefit of any beneficiary
who is a minor, an incompetent, or who in the fiduciaries' judgment is incapacitated.
The distributions or payments shall be made in anyone or more of the following
ways: (I) directly to the beneficiary; (2) directly to the creditor in payment of the
debts or expenses of the beneficiary; (3) to the guardian of the person or estate of the
beneficiary; (4) to any custodial parent ofa minor beneficiary; (5) to a custodian for
the beneficiary under any law related to gifts to minors, including to my fiduciaries
in that capacity; or (6) to any other person who shall have the care and custody of the
person of the beneficiary. There shall be no duty to see to the application of funds
so paid, provided due care was exercised in the selection of the person to whom the
funds were paid, and the receipt of the person shall be full acquittance of the
fiduciaries.
3.9. Continuation or Liquidation of Business. My fiduciaries shall have the power to
continue or to permit the continuation of any business, incorporated or
unincorporated, in which I may have any interest at the time of my death for any
period of time, or to liquidate the business on any terms as they deem appropriate.
This power includes, but is not limited to (1) the power to invest additional sums in
any business, even to the extent that my estate may be invested largely or entirely in
the business, without liability for any loss resulting from lack of diversification; (2)
the power to act as or to select other persons to act as directors, officers, or
employees of any business, to be compensated without regard to being a fiduciary
under this Will; and (3) the power to make any other arrangements in regard to any
business as my fiduciaries shall deem proper.
3.10. Employment of Aj:ents. My fiduciaries shall have the power to employ and pay the
compensation of any and all attorneys, agents, custodians, attorneys-in-fact, experts,
investment counsel, accountants, bookkeepers, or other agents or providers of
services as my fiduciaries deem advisable in the administration of my estate.
3.11. Commissions. My fiduciaries shall have the power to take reasonable commissions
on account at any time during the administration of my estate without the approval
of any beneficiary or of the court, but subject to allowance or disallowance on the
settlement of the final accounts of my fiduciaries.
.I?t. ,v-d:/;...;. ?''/'''' . " v...
3 MARTHA G. HIVNER
3.12.
Third Party Reliance. No person or corporation dealing with my executor shall be
required to see to the application of any property paid or delivered to my executor,
or to inquire into either the authority of my executor to enter into any transaction or
the expediency or propriety of any transaction entered into by my executor.
3.13
Charitable Donations. In the event that any of my tangible personal property is
donated to a charitable organization(s) then my fiduciary is instructed to use
the value of said donationes) as an inheritance tax deduction for any inheritance tax
return which may be required to be filed as a consequence of my death.
4. PAYMENT OF DEATH TAXES.
4.]. Payment of Estate Taxes. ] direct that all federal and Pennsylvania estate taxes
payable as a result of taxes assessed on property passing under this Will shall be paid
from my residuary estate as a part of the expenses of the administration of the estate.
4.2. Inheritance Tax. I direct that the Pennsylvania inheritance taxes payable as a result
of my death, limited to taxes assessed on property passing under this Will, shall be
paid out of my residuary estate and shall not be deducted or collected from any
beneficiary under this Will or other transferee.
5. EXECUTOR
5.1. Appointment. I name, constitute, and appoint DONALD J. HALKE, as executor
of my estate. If DONALD J. HALKE shall not survive me, shall not serve as
executor for any reason, or shall cease to serve as executor for any reason after
appointment, his wife, MELANIE A. HALKE, shall act as executor in his place.
5.2. Bond Not Required. None of the individuals named in Section 5.1 shall be required
to furnish a bond for the faithful performance of his duties as executor.
6. PRESUMPTION IN CASE OF SIMULTANEOUS DEATH. For the purposes of this
Will, in determining whether a person has survived me or another person, a person shall not
be deemed to have survived me or another person ifhe or she dies within sixty (60) days of
my death or ofthe death of the other person.
7. LIABILITY OF EXECUTOR. My executor shall not at any time be liable for mistake of
law or of fact, or both law and fact, or errors of judgment, nor for any loss coming to any
};'''~ /. h;~
4 MARTHA G. HIVNER
beneficiary under this Will, or to any other persons, except through actual fraud or willful
misconduct on the part of the executor or trustee. My executor may, from time to time,
consult with counsel with respect to the meaning, construction, and operation of this Will,
particularly with respect to the appointments, allocations, and disbursements, and may act
on the advice of counsel in all matters without incurring liability on account of his or her
actions.
8. INTERPRETATION.
8.1 Successors of Fiduciaries. All pronouns referring to an executor and the term
"executor" shall be construed to mean any person acting as my executor, co-executor,
personal representative, or administrator, as the case may be.
8.2 Number and Gender. Ifrequired by the context of this Will, singular language shall
be construed as plural, plural language shall be construed as singular, and the gender
of personal pronouns shall be construed as either masculine, feminine, or neuter.
8.3 Headings. All headings used in this Will to describe the contents of each article,
paragraph, or other division are provided for convenience only and shall not be
construed to be a part ofthis Will.
8.4 Governing Law. This Will shall be construed in conformity with the law of the
Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and
Testament, consisting of five (5) typewritten pages, the first four (4) of which bear my signature in
the margin for the purpose of identification, this ~ day of 1111411 ,2001.
)i:~.J'i..... /J. N.I.c~_
MARTHA G. HIVNER
Signed, sealed, published and declared by the above-named Testatrix, MARTHA G. HIVNER, as
and for her Last Will and Testament, in the sight and presence of us, who, at her request, in her sight and
presen d in the si ~prese e of each other, have hereunto subscribed our names as witnesses.
- Address 2 3J/ /y~Q?'/ J r
tf/(/? ;f/;f, ~ b
a~~ Address ~331 mfJzJ~
~ 1/dI, fA /7011
5
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i
COMMONWEALTH OF PENNSYLVANIA )
: SS.
COUNTY OF )
I, MARTHA G. HIVNER, THE TESTATRIX, WHOSE NAME IS SIGNED TO THE
FOREGOING INSTRUMENT, HAVING BEEN DULY QUALIFIED ACCORDING TO LAW, DO
HEREBY ACKNOWLEDGE THAT I SIGNED AND EXECUTED THE INSTRUMENT AS MY LAST
WILL AND TESTAMENT; THAT I SIGNED IT WlLLINGL Y; AND THAT I SIGNED IT AS MY FREE
AND VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED.
SWORN OR AFFIRMED TO. AND ACKNOWlyEDGEp BEFORE ME BY MARTHA G.
HIVNER, THE TESTATRIX THIS J --r DAY OF ' t !ciAo (..... , 2001.
Notarial Seal
Monica D. Zetcher, Notary Public
Camp Hili Born, Cumberland County
My Commission Expires Jan. 14, 2002
Member, Pennsylvanra AssocIation of Notarl..
Ili~ ,>:I;/, ~~J:J _ /-1-A .:,~
MARTHA G. HIVNER
;{J~ ~
NOT~Y PUBLIC
COMMONWEALTH OF PENNSYLVANIA
)
: SS.
COUNTY OF )
WE, j,JtJI(J b. ;?;,{/Z'C U3 AND o'rls+,tJt 1'1. S+ohlu-
THE WITNESSES WHOSE NAMES ARE SIGNED TO THE FOREGOING INSTRUMENT, BEING
DULY QUALIFIED ACCORDING TO LAW, DEPOSE AND SAY THAT WE WERE PRESENT AND
SAW THE AFORESAID TESTATRIX SIGN AND EXECUTE THE INSTRUMENT AS HER LAST WILL
AND TESTAMENT; THAT SHE SIGNED WlLLINGL Y AND THAT SHE EXECUTED IT AS HER FREE
AND VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED; THAT EACH OF US IN THE
HEARING AND SIGHT OF THE TESTATRIX SIGNED THE WILL AS WITNESSES; AND THAT TO
THE BEST OF OUR KNOWLEDGE THE TESTATRIX WAS AT THE TIME EIGHTEEN (I 8) OR MORE
YEARS OF AGE, OF SOUND MIND AND UNDER NO CONSTRAINT OR UNDUE INFLUENCE.
/ sf DAY OF
fl SWORN OR AFFIRMED TO AND SUBSCRI
/1..-1..[ ~ ,2001.
.'
Notarlal Seal
Monica 0, Zercher, Notary Public
Camp Hill Bartl, Cumberland County
My Commission Expires Jan, 14, 2002
Member, Pennsylvanra" ASSOCiation ot N6ttl"ij~
aSS
~1'#'~
WITNESS /
l 1 -") :7
/1... I" 'i/-
NOTARY PUBLIC