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HomeMy WebLinkAbout01-0807 Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of Leopold J. Wendekier No. .:11- OJ ... '107 also known as , Deceased Social Security No. 191-18-3311 Petitloner(s), who isfara 18 years of age or otder, apply(ies) for: (COMPLETE "A" OR "B" BELOW:) ~ A. Probate and Grant of Letters and aver that Petitioner(s) is/are the executor named in the Last Will of the Decedent, dated and codicil(s) dated 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 incompetent: ~ 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 that Decedent left no Will and was survived by the following ouse if an and heirs: Relationshi Residence Bevery A. Wendekier Surviving Spouse 4410 Royal Oak Road Cam Hill, PA 17011 Raymond Wendekier Son 107 Linwood Avenue Patton, PA 16668 Frederick Wendekier Son 414 Fairway Drive Mechanicsbur , PA 17055 Eleanor Black Daughter R.D. #1, Box 1 Altoona, PA 16601 (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland principal residence at 4410 Ro al Oak Road Cam Hill PA 17011 (list street, number and municipality) Decedent, then 82 years of age, died Julv 30.2001, at 4410 Roval Oak Road. Camp Hill. PA (Location) Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 28.000.00 (If not domiciled in PA) Personal property in Pennsylvania ............................ $ (If not domiciled in PA) Personal property in County ................................. $ Value of real estate in Pennsylvania .......................................................... $ Total ........................................................................... $ 28.000.00 Real Estate situated as follows: 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: Hill, PA 17011 Form RW~ 1 Page 1 of 2 (Dauphin County - Rev. 9/92) /fo - 4 -) 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. PetHioner(s) will well and truly administer the e~ according to law. // / . Sworn to and affirmed and subscribed 4d. 7 /? z' /' ~ ~ before me this 29th day of 'rr; c.A~st. 2001 ~lLfp;~ DECREE OF REGISTER Estate of Leopold J. Wendekier Deceased No. 21-01-807 also known as Social Security No: 191-18-3311 Date of Death: Julv 30. 2001 AND NOW, AUGUST 29 , 2001, in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters 19 Testamentary 0 of Administration (c.t.a.; d.b.n.c.t.; pendente lite; durante absentia; durante minorttate) are hereby granted to Beverlv A. Wendekier in the above estate and that the instrument(s), if any, dated described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES Letters................... ........ $ 60.00 Short Certificate(S)..c?:1. $ 6.00 Renunciation................. . $ Affidavit ( )......... ........ $ Extra Pages ( )............ $ CodiciL...... ................... $ JCP Fee........................ $ 5.00 Inventory & Tax Forms... $ Other........................... . $ TOTAL............... . $ 71.00 Attorney: I.D. No: Address: Elvse E. Roaers 41274 415 Fallowfield Rd. Suite 102 CamD Hill. PA 17011 717-612-5801 Telephone: DATE FILED: ~~b, . g -:!D -O) T_~'(\C:;.O"'; 1;'.r.\, 0/0." This is to cenify that the information here given is correctly copied from an original certificate of death dl}ly filed with me as Local ~egistrar. The original certificate will be forwarded to the State Vital Records Office for permanent tling. 21-01-807 WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $2.00 p 7555541 No. (..,~ !;L.1Zgh 'M Local Registrar d' ~ J i ,;ldC' I / ~ Date Hl05.143 Ae". 2187 COMMONWEALTH OF PENNSYLVANIA' OEPARTMENT OF HEALTH' VITAL RECORDS . CERTIFICATE OF DEATH TYPEJPRINT IN PERMANENT BLACK INK .r: sex dJAL~ PlACE OF DERH (Ct1eck ()("Ily ooe -;ee 1(l!llrllClIOf'lS on othet Sldet HOSPITAL: InpatiltntD ~=~IO BIRTHPLACE (City and Slal4lOfF0I8lgI1COW"IIIYI Bd... UNDER 1 YEAR Montha Daya v.. COUNTY OF OERH . ...Cumt8flLANf) I ti: '" " '" ~ ~ ... TIME OF DEATH 2.. IO.-A~ PM 2.. 27. PART I: EN., the dtuas.., injurtlS Of compMcations which caused lhe dealh. Do noc .nter the mode 01 dying, such as cardiac 01 re$pllatory aues!, sl'loClC or hlart failure llll only one caUM on .ath kne. \... 8 'q.> ~ :~ DUETOIORASAi:::~OFl ~~.J t : DUE rotOR ASA CONSEOUENCE OF): DUE TO lOA AS A CONSEQUENCE Of) ....J WERE AUTOPSY FINDINGS MANNER OF DEATH """'LABlE PRIOR 10 COMPlETION OF CAUSE ~ 0 OF DEATH? Nahum Homicide Accident Pending In....sllgilllOn 0 _0 No 0 S4.ucide 0 Could 001 be dllll1rfntnua 0 DATE Of INJURY IMonIh.Dav, _arl STATE FILE NUMBER SOCiAl SECURITY NUMSER 3./9 - Ie . i I (;W8Li. .... Clfyl1JOrO >t. l=:=:"" : onut and dHIh I : ...EJ PART n: c:-:.=~":~03nlrca::i:::~ TIME OF INJURY INJURY AT lNORK'l' DESCRIBE HOW INJURY OCCURRED v.. 0 NoD M. zo. PlACE Of INJURY - At home, 1an1\, SIte., lac1ory, office building. elc. cSpuclIV) '00. ~ 31b. llCEN c -5 He. :ilb. CERTifiER (Ctleck only one) 'CERTIFYING PHYSICIAN (Phy~ cerlltVlOg causa ot d~atl'1 wl'18fl anomer pt1ySIC13f1 lla$ pronounclKf lJe,ul'1 ano clJlllpleled Ilern 2JI To the be.. of my knowSe6ge, dealhoccur~ due to the c.~'land mann.r a. ...ted. . . ~ ~ ti: ~ o i5 ~ 4 Z 'PRONOUNCING AND CERTIfYING PHYStClAN (PhySICian bOIh pfOnoUncll1g iJedlt1 aHa certllylllg 10 <.:auslt 01 de.i.Ih) To the biNt 01 my knowledge, death occur," at the time, elata, and place, and due 10 the UUN(I) and manne, a. s.aled 'ME.DICAl EXAMINER/CORONER On the baala ol.xamin.Uon .ndlorln"..tlgilUon. in my opinion. death occurred a. the lime, date, and place. and due 10 the cau.a(a. and manner.. slaled.. . . . . . . . , . ., .............. ..............,..,..,.,..,..............,..............,........,..., 3" AEGIST~.S SIGNATUAE AN~ NUMBER . . 121 ( 11)1 \ Id-J o o '2. DATE FILED (Monltl. Dav. Yean 3./)1/ 'USI I ,;;(c.o<, I CERTIFICATION OF NOTICE UNDER RULE 5.6(a) Name of Decedent: Leopold J. Wendekier Date of Death: Julv 30, 2001 Will No. Admin. No. 2001-00807 To the Register: I certify that notice of estate administration required by Rule 5.6(a) of the Orphans' Court Rules was served on or mailed to the following beneficiaries of the ~~b. 0 ,-captiop.ed estate on. ~)((}~-"J7 Joo/ r Name Address Beverlv A. Wendekier Eleanor Black Ravmond Wendekier Frederick Wendekier 4410 Roval Oak Road, Camp Hill, PA 17011 R.D. #1. Box 1. Altoona, P A 16601 107 Linwood Avenue, Patton, P A 16668 414 Fairwav Drive, Mechanicsburg', PA 17055 Notice has now been given to all persons entitled thereto under Rule 5.6(a). Date: 9-/) _CI &~ [ ~) ~ignature Elvse E. ROg'ers, Esauire Name 3401 North Front Street Harrisburg', PA 17110 Address (717) 232-5000 Telephone Capacity: Personal Representative --L Counsel for Personal Representative HEATH L. ALLEN N. DAVID RAHAL CHARLES W. RUBENDALL II ROBERT L. WELDON EUGENE E. PEPINSKY. ..JR. ..JOHN H. ENOS m GARY E. FRENCH DONNA S. WELDON BRADFORD DORRANCE ..JEFFREY S. STOKES ROBERT R. CHURCH STEPHEN L. GROSE R. SCOTT SHEARER WAYNE M. PECHT ELYSE E. ROGERS DONALD M. LEWIS m: BRIDGET M. WHITLEY CRAIG A. LONGYEAR ..JOHN A. FEICHTEL ANN McGEE CARBON ELIZABETH ..J. GOLDSTEIN BARBARA A. GALL KEEFER WOOD ALLEN & RAHAL, 415 FALLOWFIELD ROAD. SUITE 102 CAMP HILL. PA 17011-4906 L L P ESTABLISHED IN 1878 OF COUNSEL: SAMUEL C. HARRY PHONE (717) 612-5800 FAX (717) 612-5805 HARRISBURG OFFICE: 210 WALNUT STREET HARRISBURG. PA 17101 EIN No. 23-0716135 PHONE (7171 255-8000 FAX (7171 255-8050 WRITER'S DIRECT DIAL: October 29, 2001 717-612-5801 erogers@keeferwood.com Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 ~, "p- l. ' '\1: /~ Re: Estate of Leopold J. Wendekier, No. 2001-00807 Dear Sir/Madam: Enclosed is a check in the amount of $675 which represents prepayment of inheritance tax for the above-referenced estate. Please time-stamp the enclosed copy of this letter and return it to me in the envelope provided. Thank you. lmg Enclosures ~5e:fs?e' '. . ~ Elyse . Rogers ~ . t . -+t ..J ~C\1 ..Jo <(,.. I w <0 <(to II ::> Ol en"f ~ .,.. 0,.. Z < 0 0"" W ([ ,.. :J 0 ~ ,A'.J. ~ W.J Q ii:::! o ~ 1: O 0 a. .J~ ~:~< u.O a::io w,.. 11."" w W ~ ,.., a o o 0.. N ~ o Il: "- , 0 .IHI ~ ....... 'W"t:: . .:." :: / "I';~ ~ (VI' .:~ ." ( .. , ) ..: J ~'- ;; ~ ,I."::' ~ r;., '? I~; 80 rtJ M C IT" t:O /Tl t:O t:O M C C C C /Tl Ltl M C C C I"- , ) Q) en ;:j o "€ ;:j o Q) U 8 C g. l"'I enS(/)- .... Q) 0 :;:: UO en r--- ~ ;:j- 4-<"O..8~ oat::o... I-< .... ;:j Q) I-< 0 Q) tii]U(;i -51> S 11):":= Q) ;:j C 8 ~UOU \ t:::::> ~ Y , /--:) ~.....,~. . , , ?L ..t.: -Ir!!-- .~ - -_. ..-.. -. -- .:. .,.4 C~ l"~ .:.~ .. ..... " HEATH L. ALLEN N. DAVID RAHAL CHARLES W. RUBENDALL II ROBERT L. WELDON EUGENE E. PEPINSKY. ..JR. ..JOHN H. ENOS m GARY E. F"RENCH DONNA S. WELDON BRADF"ORD DORRANCE ..JEF"F"REY S. STOKES ROBERT R. CHURCH STEPHEN L. GROSE R. SCOTT SHEARER WAYNE M. PECHT ELYSE E. ROGERS CRAIG A. LONGYEAR DONALD M. LEWISm BRIDGET M. WHITLEY ..JOHN A. F"EICHTEL ANN McGEE CARBON ELIZABETH ..J. GOLDSTEIN BARBARA A. GALL STEPHANIE KLEINF"EL~ ~~.::i KEEFER WOOD ALLEN & RAHAL, LLP 415 F ALLOWFIELD ROAD. SUITE 301 CAMP HILL. PA 17011-4906 ESTABLISHED IN 1878 OF" COUNSEL: SAMUEL C. HARRY PHONE 717-612-5800 FAX 717-612-5805 HARRISBURG OF"F"ICE: 210 WALNUT STREET HARRISBURG. PA 17101 EIN NO. 23-0716135 www.keeferwood.com PHONE 717-255-8000 April 30, 2002 717-612-5801 erogers@keeferwood.com Via: Certifi'ea. Mail CumberlanQf County Register of Wills Cumberla~ County Courthouse 1 Courthou.se Square ., Carlisle, P~1701S~ <' ,r r.. .J '-- Re: Estate of Leopold J. Wendekier File #21-2001-0807 Dear Sir/Madam: Enclosed herewith for filing please find the following: 1. Pennsylvania Inheritance Tax Return (filed in duplicate;) 2. Inventory; 3. Check in the amount of $25.00 in payment of your filing fee. Kindly acknowledge receipt of these documents by time-stamping the enclosed copy of this letter and returning it to our office. Thank you. EER/cds 90610 Enclosure ') COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG, PA 17128-0601 RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT KEEFER WOOD ALLEN & RAHAL LLP 415 FALLOWSHIP ROAD SUITE 102 CAMP HILL, PA 17011-4906 -------- fold ESTATE INFORMATION: SSN: 191-18-3311 FILE NUMBER: 21-2001- 0807 DECEDENT NAME: WENDEKIER LEOPOLD J DATE OF PAYMENT: 10/31/2001 POSTMARK DATE: 10/29/2001 COUNTY: CUMBERLAND DATE OF DEATH: 07/30/2001 ACN ASSESSMENT CONTROL NUMBER 101 TOTAL AMOUNT PAID: REMARKS: BEVERLY A WENDEKIER C/O KEEFER WOOD ALLEN & RAHAL CHECK# 0092 SEAL INITIALS: SK RECEIVED BY: REGISTER OF WILLS I REV-1162 EX(11-96) NO. CD 000461 MARY C. LEWIS REGISTER OF WILLS AMOUNT $675.00 $675.00 Register of Wills of Cumberland County, Pennsylvania INVENTORY Estate of Leopold J. Wendekier No. 21-2001-0807 also known as Date of Death July 30, 2001 '02 i'ii~ Y -1 P 1 :.:\3 , \..... ~ Deceased Social Security No. 191-18-3311 Cur, Beverly A. Wendekier 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 of the Commonwealth of Pennsylvania except that which appears in a memorandum at the end of this inventory. l!We verify that the statements made in this Inventory are true and correct. l!We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 1.0. No.: Elyse E. R0gersUj k> ~ & <. 41274 415 Fallowfield Road, Camp Hill, PA 17011 Name of Attorney: Address Telephone: 717-612-5801 Dated: '1/61) / () ;).. DESCRIPTION VALUE 1. Y:z undivided tenants in common interest in 101 Linwood Avenue, Patton, Pennsylvania $28,687.50 2. 33 shares of Met Life Inc. $ 948.75 $ 501.60 $22,684.28 $ 4,000.00 $ 253.29 $ 758.00 3. 33 shares ofN.L. Industries Inc. 4. Allfirst Checking Account 5. 1996 Dodge Intrepid Sedan 6. PEBTF Check uncashed at Decedent's date of death 7. 2001 IRS Refund $57,833.42 (Attach Additional Sheets If Necessary) NOTE: The Memorandum of real estate outside the Commonwealth of Pennsylvania may, atthe election ofthe personal representative. include the value of each item, but such figures should not be extended into the total of the Inventory. Form RW.7 (Dauphin County). Rev. 9/92 \. I/}-~-J BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION DEPT. 280601 HARRISBURG, PA 17128-0601 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX DATE ESTATE OF DATE OF DEATH FILE NUMBER COUNTY ACN ELYSE E ROGERS KEEFER HAL 415 FALLOWFIELD CAMP HILL ESQ'02 -1 RD,30 E>>'A ' 17011 06-24-2002 WENDEKIER 07-30-2001 21 01-0807 CUMBERLAND 101 Allount Rellitted '* REY-l5~7 EX AFP lOl-D2> LEOPOLD J 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 ~ REV=is4j-E3f-AFP--COY:02Y-NOYicE--OF-YNHER-ifANCE-YAX-A-PPRA-isEi'-ENT~--Ai:.i-oWANCE-OR----------------- DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX ESTATE OF WENDEKIER LEOPOLD J FILE NO. 21 01-0807 ACN 101 DATE 06-24-2002 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) 5. Cash/Bank Deposits/Misc. Personal Property (Schedule E) 6. Jointly Owned Property (Schedule F) 7. Transfers (Schedule G) 8. Total Assets (1) (2) (3) (4) (5) (6) (7) ) CHANGED 28.687.50 1.450.35 .00 .00 27.695.57 .00 74.060.60 (8) APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Adll. Costs/Misc. Expenses (Schedule H) 10. Debts/Mortgage Liabilities/Liens (Schedule I) 11. Total Deductions 12. Net Value of Tax Return 13. Charitabla/Governllental Bequests; Non-elected 9113 Trusts (Schedule J) 14. Net Value of Estate Subject to Tax NOTE: If an assessment was issued previously, lines reflect figures that include the total of ALL 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. Allount of Line 14 taxable at Collateral/Class B rate (18) 19. Principal Tax Due T X TS: DATE 10-29-2001 06-17-2002 + INTEREST/PEN PAID (-) 35.46 .00 NUMBER CD000461 REFUND (9) (10) 20,253.92 6.057.21 (11) (12) (13) (14) NOTE: To insure proper credit to your account, subllit the upper portion of this forll with your tax paYllent. 131,894.02 26.311 13 105,582.89 .00 105,582.89 14, 15 and/or 1&, 17, 18 and 19 will returns assessed to date. 89,821.74 X 00 = 15,761.15 X 045 = .00 x 12 = .00 x 15 = (19)= AMOUNT PAID 675.00 1. 21- TOTAL TAX CREDIT BALANCE OF TAX DUE INTEREST AND PEN. TOTAL DUE . IF PAID AFTER DATE INDICATED, SEE REVERSE FOR CALCULATION OF ADDITIONAL INTEREST. .00 709.25 .00 .00 709.25 709.25 .00 .00 .00 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.) /1- 7"'- / COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE INHERITANCE TAX STATEMENT OF ACCOUNT *' BUREAU OF INDIVIDUAL TAXES '\). INHERITANCE TAX DIVISION DEPT. 280601 HARRISBURG, PA 17128-0601 REY-1U7 EX AFP (Dl-OU ELYSE E ROGERS KEEFER ETAL 415 FALLOWFIELD CAMP HILL T)Z ESQ R-D .30 'PA 17011 L6 , DATE ESTATE OF DATE OF DEATH FILE NUMBER COUNTY ACN 07-01-2002 WENDEKIER 07-30-2001 21 01-0807 CUMBERLAND 101 LEOPOLD J Amount 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 paYllent. CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~ REV=i60-j-i3f-AFP-rOY=02Y------...--iNHERiYANC'E--fA3f-STAyEM'E-tif-oF'-Accouiif--...---------------- ----- ESTATE OF WENDEKIER LEOPOLD J FILE NO.21 01-0807 ACN 101 DATE 07-01-2002 THIS STATE"ENT IS PROVIDED TO ADVISE OF THE CURRENT STATUS OF THE STATED ACN IN THE NA"ED ESTATE. SHOWN BELOW IS A SU""ARY OF THE PRINCIPAL TAX DUE, APPLICATION OF ALL PAY"ENTS, THE CURRENT BALANCE, AND, IF APPLICABLE, A PROJECTED INTEREST FIGURE. DATE OF LAST ASSESSMENT OR RECORD ADJUSTMENT: 06-17-2002 PR I NC I PAL TAX DUE: ...................................................................................................""""""......."."....".................................""""""".".........."............................ 709.25 PAYMENTS (TAX CREDITS): PAYMENT RECEIPT DISCOUNT (+) AMOUNT PAID DATE NUMBER INTEREST/PEN PAID (-) 10-29-2001 CDOO0461 35.46 675.00 06-17-2002 REFUND .00 1.21- TOTAL TAX CREDIT 709.25 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 PAY"ENT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU "AY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FOR" FOR INSTRUCTIONS. ) IN RE: ESTATE OF LEOPOLD J WENDEKIER DECEASED IN THE COURT OF COMMON PLEAS ORPHANS' COURT DIVISION CUMBERLAND COUNTY, PENNSYLVANIA NO. 21 - 01 - 807 CITATION WE COMMAND, you that laying aside all business and excuses whatsoever, you be and appear in your proper person before the Honorable Judges of the Court of Common Pleas, Orphans' Court Division at a session of the said Court there to be held, for the County of Cumberland to show cause why within 20 days of service thereof why the Petiton should not be granted. Witness my hand an official seal of office at Carlisle, Pennsylvania, this 4th day of October, 2002. 1 ' dbz~td. ~, -Bar Ie Clerk, Orphans' Court Division Cumberland County, Carlisle, P A My Commission Expires on the 151 Monday January, 2006 SEP 2 4 2002 In re: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF LEOPOLD J. WENDEKIER, DECEASED NO. 191-18-3311 9..00\ - oo~o7 ORPHANS' COURT DIVISION ANDNOW.this~daYOf o~ ,2002, upon consideration of the Petition for Partition of Real Estate and for an Accounting of Beverly A. Wendekier, personal administrator of the above-referenced Estate, the Clerk of the Orphans' Court Division shall issue citations, directed to Respondents Eleanor Black, Raymond Wendekier, Frederick Wendekier, and Marion K. Wendekier to show b() cause within days of service thereof why the Petition should not be granted. f"'- BY THE COURT: ". ~ J. In re: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ~ ESTATE OF LEOPOLD J. WENDEKIER, DECEASED NO. 191-18-3311 ~ l - () \ - 8 0-/ ORPHANS' COURT DIVISION PETITION FOR PARTITION AND SALE OF REAL ESTATE AND FOR AN ACCOUNTING TO THE HONORABLE JUDGES OF THE SAID COURT: NOW COMES petitioner, Beverly A. Wendekier, in her fiduciary capacity as personal administrator of the Estate of Leopold J. Wendekier, deceased, through her counsel, Keefer Wood Allen & Rahal, LLP, and respectfully states as follows: Parties and Background 1. Petitioner, Beverly A. Wendekier ("Petitioner"), an adult individual who resides at 4410 Royal Oak Road, Camp Hill, Cumberland County, Pennsylvania 17011, is the surviving spouse of the decedent, Leopold J. Wendekier ("Decedent"), who resided with Petitioner at the foregoing address until his death on July 30, 2001. 2. Decedent died intestate. 3. Petitioner files this Petition in her fiduciary capacity as personal administrator of her late husband's estate (the "Estate"), having been appointed to that position by the Cumberland County Register of Wills in Letters of Administration granted on August 29,2001. 4. Decedent was survived by Petitioner and by three (3) adult children of a previous marriage, all of whom are named as respondents herein along with the Decedent's former spouse. 5. Respondent Eleanor Black, one of Decedent's children, is an adult individual who resides at R.D. #1, Box #1 , Altoona, Blair County, Pennsylvania 16601. 6. Respondent Raymond Wendekier, one of Decedent's children, is an adult individual who resides at 107 Linwood Avenue, Patton, Cambria County, Pennsylvania 16668. 7. Respondent Frederick Wendekier, one of Decedent's children, is an adult individual who resides at 414 Fairview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 8. Respondent Marion K. Wendekier, an adult individual who resides at 107 Linwood Avenue, Patton, Cambria County, Pennsylvania 16668, was formerly married to Decedent. 9. At the time of his death, Decedent held an undivided one-half (%) interest, as a tenant in common with his former wife, Marion K. Wendekier, in real property located at 101 Linwood Avenue, Patton, Cambria County, Pennsylvania 16668 (the "subject real estate"), which consists of 8.2 acres and improvements constructed thereon, including a single family residence. 10. Marion K. Wendekier holds the other one-half (%) interest, as a tenant in common, in the subject real estate. -2- 11. By operation of law, Decedent's undivided one-half (%) interest as a tenant in common in the subject real estate is now owned and held by the Estate. 12. To the best of Petitioner's knowledge, information, and belief, the subject real estate is not encumbered by any liens or charges. 13. The single family residence located on the subject real estate is in a deteriorating condition, and is not being properly maintained due in part to Petitioner's inability to administer the property as a result of the division of ownership. 14. Petitioner avers, on information and belief, that one or more of the respondents has caused valuable timber to be removed from the subject real estate for sale and profit. 15. No person other than the parties to this action has any interest in the subject real estate. 16. Petitioner does not have possession of the subject real estate, but avers, on information and belief, that respondent Marion K. Wendekier has actual or constructive possession of the property. Action for Partition and Sale of Real Estate 17. This Court has jurisdiction over this matter pursuant to 20 Pa.C.S. 9 711 (16), which defines the subject matter jurisdiction of the Orphans' Court Division to include disposition of title to a decedent's real estate to render it freely alienable; and 20 Pa.C.S. 9 3534, which authorizes the Court to divide, partition and allot property in a decedent's estate among the distributees in proportion to their respective interests. -3- 18. Venue is proper in this Court pursuant to 20 Pa.C.S. 9 721, because Letters of Administration were granted to Petitioner in this Court. 19. Respondents Eleanor Black, Raymond Wendekier, and Frederick Wendekier were each served, on September 17, 2001, with written notices of estate administration pursuant to Supreme Court Orphans' Court Rule 5.6. 20. In order to properly complete administration of the Estate, Petitioner must be able to fully account for, and be in a position to sell or distribute, Decedent's undivided one-half (%) interest as a tenant in common in the subject real estate. 21. It is neither feasible nor practical to market and sell the Estate's undivided one-half (%) interest in the subject real estate, nor to further divide the ownership of the property, because only one single family residence is located on the property. 22. Petitioner wishes to divest the Estate of its undivided one-half (%) interest, as a tenant in common, in the subject real estate for fair consideration. 23. The Estate is entitled to receive its fair share of all profits obtained from the sale of any timber removed from the property and not paid to the Decedent during his lifetime or paid to the Estate after his death. 24. Despite repeated requests by Petitioner (acting through her counsel), Respondents have failed and refused to communicate with Petitioner regarding their wishes, if any, for the disposition of the Estate's undivided one-half (%) interest in the subject real estate, thus preventing an amicable partition. 25. The subject real estate has an estimated fair market value of $76,500. -4- WHEREFORE, Petitioner respectfully requests that a citation be awarded, directing respondents to show cause why the following relief should not be granted: (a) That the Court decree partition of the subject real estate; (b) That the share(s) to which the respective parties are entitled be set out to them in severalty and that all proper and necessary conveyances and assurances be executed for carrying such partition into effect; and that if . the subject real estate cannot be divided without prejudice to, or spoiling of, the whole, it shall be sold in a public or private sale in such manner as this Honorable Court may direct; (c) That one-half of the net proceeds of sale be awarded to Petitioner to be distributed as part of the Estate; and (d) That the Court grant suph other and further relief as the Court deems fair and just under the circumstances. Request for an Accounting 26. The foregoing paragraphs 1 through 25 of the Petition are incorporated here by reference as if fully restated. 27. One or more of the respondents have caused valuable timber to be removed from the subject real estate without the Decedent's or Petitioner's permission, and have failed to properly account to Petitioner for the Decedent's or the Estate's share of profits obtained from such sales of timber. 28. The value of the subject real estate may have been impaired by the removal of ornamental and shade trees that enhanced the appearance of the property. 29. Respondents should, therefore, be directed to provide an accounting to Petitioner of all profits obtained from the sale of timber removed from the subject real estate. -5- 30. Respondents should also be directed to pay damages for any and all injury and waste caused by the removal of ornamental and shade trees, with an undivided one-half (%) share thereof to be awarded to Petitioner on behalf of the Estate. WHEREFORE, Petitioner respectfully requests that a citation be awarded, directing respondents to show cause why the following relief should not be granted: (a) That the Court direct such of the respondents who are determined to be liable therefor to account to and pay over to Petitioner such share of timbering profits as this Honorable Court may deem appropriate; (b) That the Court direct such of the respondents who are determined to be liable therefor to pay damages for any and all injury and waste caused by the removal of trees, with an undivided one-half (%) share thereof to be awarded to Petitioner on behalf of the Estate; and (c) That the Court grant such other and further relief as the Court deems fair and just under the circumstances. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Dated: September -'i, 2002 B~-~ y ONAL . LEWIS III Attorney 1.0. #58510 ELYSE E. ROGERS Attorney 1.0. #41274 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8038 and (717) 612-5801 Attorneys for Petitioner -6- . , VERIFICATION The undersigned, Beverly A. Wendekier, hereby verifies and states that: 1. She is the surviving spouse of the late Leopold J. Wendekier and has been duly appointed as personal administrator of the Estate of Leopold J. Wendekier, deceased; 2. The facts set forth in the foreg0ing Petition for Partition and Sale of Real Estate and for an Accounting are true and correct, except as to those facts stated on information and belief, and as to those facts, she believes them to be true; and 3. She is aware that false statements herein are made subject to the penalties of 18 Pa. C. S. S 4904, relating to unsworn falsification to authorities. Dated: September -6(2002 RECEIPT FOR PAYMENT ------------------- ------------------- Cumberland County - Orphans Court Hanover and High Street Carlisle, PA 17013 Receipt Date 11/12/2002 Receipt Time 10:02:48 Receipt No. 1020564 WENDEKIER LEOPOLD J File Number 2001-00807 Remarks RAYMOND J WENDEKIER DO ------------------------ Distribution Of Receipt ------------------------ Transaction Description Payment Amount Payee Name EXCEP/OBJ -T= =~T MISCELLANEOUS 4.00 15.00 CUMBERLAND COUNTY GENERAL FUN CUMBERLAND COUNTY GENERAL FUN Check# 6181 Total Received......... $19.00 $19.00 ~ ~I-D\.-BD( Raymond J. Wendekier Mark R. Wendekier Attorneys At Law 306 Magee A venue Patton, Pennsylvania 16668 Telephone: (814) 674-5991 Fax: (814) 674-5992 Date: November 4, 2002 To: Orphans' Court Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013 Re: Estate of Leopold J. Wendekier, deceased No. 191-18-3311 --------------------------------------- ------------------------------------- We are transmitting the indicated copies or originals of enclosed described documents Original for filing Respondents' Preliminary Objections To Petitioner's Petition for Partition and Accounting ( XX) With this letter (X) Under Separate Cover ( ) For your information () For necessary action () Per our conversation ( ) For signature, notary and return ( ) For signature and fOlwarding/return ( ) As noted below/above () Approved ( ) Disapproved () Per your request ( ) For correction ( ) For review and comment ( ) Approved as noted ( ) For payment (xx) For recording/filine: ( ) For notary ( ) For your files lRemarks:1 Please contact us if you have any questions. Thank you. cc: Donald M. Lewis, III and Elyse E. Rogers KEEFER, WOOD, ALLEN & RAHAL, LLP 210 Walnut Street, P.O. Box 11963, Harrisburg, Pennsylvania 17108-1963 United States Postal Service Tracking No. EL 775496485 US sent November 4, 2002 INRE: ESTATE OF LEOPOLD J. WENDEKIER, DECEASED I IN THE COURT OF COMMON PLEAS ICUMBERLAND COUNTY, PENNSYLVANIA I I I NO. 191-18-3311 I I I I I I IORPHANS' COURT DIVISION I I I I I I IFOR FILING: RESPONDENTS' PRELIMINARY I OBJECTIONS TO PETITIONER'S I PETITION FOR PARTITION I AND ACCOUNTING I I. I I I MARK R. WENDEKIER, Esquire IAttorney for The Respondents I 306 Magee Avenue I Patton, Pennsylvania 16668 I Supreme Court ID# I Telephone:(814) 674-5991 I Facsimile:(814) 674-5992 ESTATE OF LEOPOLD J. VVENDEKlER,DECEASED I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA I INO.19118JJll ~\_O\-~D'l I I I I I I IORPHANS' COURT DIVISION I I INRE: PRELIMINARY OBJECTIONS NOW COME, Respondents, MARIAN K. VVENDEKlER, RAYMOND J. VVENDEKlER, ELEANOR M. BLACK and FREDERICK J. VVENDEKlER, and file these Preliminary Objections to Petitioner's, BEVERLY A. VVENDEKlER'S, Petiton For Partition and Sale of Real Estate And For An Accounting, in the above referenced Estate, in support of which it is set forth as follows: 1. The Decedent, Leopold J. Wendekier, died on July 30,2001. 2. At the time of his death, the Decedent, Leopold J. Wendekier, was a a resident of Cumberland County, Pennsylvania. 3. Respondent, Marian K. Wendekier, is the former wife of the Decedent, Leopold J. Wendekier. 4. Respondent, Marian K. Wendekier, is an adult individual, who resides at 117 Linwood Avenue, Patton, Cambria County, Pennsylvania 16668. 5. Respondent, Marian K. Wendekier, is 87 years old. 6. Respondent, Raymond J. Wendekier, is an adult individual, who resides at 117 Linwood Avenue, Patton, Cambria County, Pennsylvania 16668. 7. Respondent, Eleanor M. Black, is an adult individual, who resides at RD #1, Box 1, Altoona, Blair County, Pennsylvania 16601. 8. Respondent, Frederick J. Wendekier, is an adult individual, who resides at 414 Fairview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 9. Respondents, Raymond J. Wendekier, Eleanor M. Black and Frederick J. Wendekier are the only living children of Decedent, Leopold J. Wendekier. 10. Petitioner, Beverly A. Wendekier, is the widow of the Decedent, Leopold J. Wendekier. 11. Prior to their divorce in 1975, Respondent, Marian K. Wendekier, and the Decedent, Leopold J. Wendekier, owned a piece or parcel ofland located at 101 Linwood Avenue, Patton, Cambria County, Pennsylvania 16668 (hereinafter referred to as the "Property"), as tenants by the entireties. 12. Upon the divorce of Respondent, Marian K. Wendekier, and the Decedent, Leopold J. Wendekier, and by operation oflaw, Repondent, Marian K. Wendekier, and the Decedent, Leopold J. Wendekier, each, became an owner ofa one-half (112) interest in the Property as tenants in common. 13. Respondent, Marian K. Wendekier, has never been served with any notice of any kind that she is a party in interest in the Decedent's, Leopold J. Wendekier's Estate. 14. Upon the death of the Decedent, Leopold J. Wendekier, Petitioner was appointed as administrator of Decedent's, Leopold J. Wendekier's, Estate in this Court to the above captioned Estate Number. A. PRELIMINARY OBJECTION I-IMPROPER VENUE: Except as otherwise provided, Pa.R.C.P. 1551 requires all partition actions to be in accordance with the rules of equity. Further, Pa.R.c.P. 1552 requires venue for all partition actions to be commenced in only the county where all or part ofthe subject property is located. Pa.R.C.P. 1501 requires the procedure of an action in equity to be in accordance with a civil action. While the rules otherwise do not set forth the the procedure for commencing an equity action, Pa.R.C.P. 1007 sets forth that a civil action shall be commenced by a writ of summons or a complaint. Under the Pennsylvania Constituion of 1968, Article V, Section 10 (c), the Supreme Court of Pennsylvania was given the power to prescribe rules regarding civil actions. Additionally, the 1968 Constitution suspended all laws to the extent that they were inconsistent with rules prescribed by the Supreme Court 42 Pa.C.S.A. Section 1722 later set forth this provision in statutory form. Specifically 42 Pa.C.S.A. Section 1722 (a) (1) states in part: "... All statutes shall be suspended to the extent that they are inconsistent with the rules prescribed under this paragraph." In the current matter, Petitioner correctly states that the Decedent, Leopold J. Wendekier, was the owner of a one-half (112) interest in the Property as a tenant in common, with Respondent, Marian K. Wendekier. Additionally, the Property is in Cambria County, Pennsylvania. Therefore, pursuant to Pa.R.C.P. 1552, venue for the current action should occur in Cambria County, Pennsylvania, because the Property is located in Cambria County, Pennsylvania and the accounting sought deals with Property in Cambria County, Pennsylvania, which is a part of the partition. Despite the aforementioned Rules of Civil Procedure, Petition~r states that jurisdiction is in the Orphan's Court Division in the Court of Common Pleas by virtue of20 Pa. C. S. Section 711 (16) and 20 Pa. C.S. Section 3534. Petitioner further concludes that venue is proper based upon 20 Pa. C. S. Section 721 and due to the fact that Decedent's, Leopold J. Wendekier's, Estate was opened in Cumberland County, Pennsylvania. The Petitioner's statement that venue is proper in Cumberland County, Pennsylvania and that 20 Pa. C. S. Section 711 (16) and 20 Pa. C.S. Section 3534 confers jurisdiction upon the Orphan's Court Division of The Court of Common Please of Cumberland County, Pennsylvania is misplaced. 20 Pa. C. S. Section 711 (16) clearly deals with the Orphan's Court's power to dispose of a interest acquired through will or through estate or trust administration by a person who is disabled from dealing with it. In the current matter, none of the persons who acquire an interest to Decendent's one-half (112) interest, through the Decendent's Estate, is disabled from dealing with their interest. Accordingly, Respondents respectfully suggests to the Honorable Court that 20 Pa. C. S. Section 711 (16), does not apply to the current matter. Further, Pa.C.S. Section 3534 deals with a situation where there is distribution in kind or a partition among the distributees of an estate in lieu of distribution. It does not address, nor does it intend to deal with a partition action between a decedent's estate and a person who is a tenatnt in common with the decedent's estate. In the current matter, the Decedent's children are satified with a distribution in kind for each of their one-third (1/3) share of Decedent's one-half (l/2) interest in the subject property. The Petitioner, however, seeks not only a partition regarding the Decedent's Estate between the distributees of the Estate, but also a partition with Marian K. Wendekier, one of the Respondents, who is not a beneficiary of the Decedent's Estate nor a party in interest in any part of the Decedent's Estate. Accordingly, the Petitioner attempts to apply the statute to a situation that is beyond the authority of that specific statute. Finally, 20 Pa.C.S. Section 721 states that when a Court has jurisdiction of a decedent's estate, venue for all purposes shall be where the personal respresentative was appointed and letters were granted, except as otherwise provided by law. It is true that The Honorable Court of Cumberland County, Pennsylvania, Orphan's Court Division, has jurisdiction over Decendent's, Leopold J. Wendekier's Estate. However, this statute only would place venue for a partition action in the Honorable Court, if no other provision of law provides for a partition action. This is indicated by the words". . . ,except as otherwise provided by law,. . ." as are set forth in the statute. Since these words limit the cases in which venue would be proper in Cumberland County, Pennsylvania, if another provision oflaw establishes venue in another place for a partition action, we must determine if there is law which establishes venue elsewhere. In the current matter, the subject Property is located in Cambria County, Pennsylvania. Therefore, pursuant to Pa.R.C.P. 1552, which requires venue for all partition actions to be commenced only in the county where all or part of the subject Property is located, venue in the current matter of partition and accounting is properly set in Cambria County, Pennsylavnia. B. PRELIMINARY OBJECTION II-FAILURE TO FOLLOWS THE RULES OF CIVIL PROCEDURE: Except as otherwise provided, Pa.R.C.P. 1551 requires all partition actions to be in accordance with the rules of equity. Pa.R.C.P. 1501 requires the procedure of an action in equity to be in accordance with rules governing a civil action. While the rules otherwise do not set forth the the procedure for commencing an equity action, Pa.R.C.P. 1007 sets forth that a civil action shall be commenced by a writ of summons or a complaint. The the current matter was commenced by Petition and Citation. Since none of the aforementioned Rules or Statute cited by Petitioner apply to the instant action because it seeks a partition between the Decedent's Estate and Respondent, Marian K. Wendekier. Under the Rules of Civil Procedure, an action should be commenced by Complaint which conforms to the Rules, against Marian K. Wendekier. Additionally, such action should join the other Respondents, Decedent's adult children, as necessary and indispensable parties. WHEREFORE, Respondents request the Honorable Court to dismiss Petitioner's Petition, together with the Citiation, and in the alternative, require the Petitioner to transfer venue to Cambrioa County, Pennsylvania, and to amend the pleadings to conform with the other Pennsylvania Rules of Civil Procedure which require the commencement of a partition action by the filing of a Complaint. BY~ Mark R. Wendekier, Esquire Attorney for the Respondents 306 Magee Avenue Patton, Pennsylvania 16668 Supreme Court ID#55284 Telephone:(814) 674-5991 Facsimile:(814) 674-5992 " ESTATE OF LEOPOLD J. WENDEKIER,DECEASED I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA I I NO. 191-18-3311 I I I I I I IORPHANS' COURT DMSION I I INRE: CERTIFICATE OF SERVICE I, Mark R. Wendekier, hereby certify that I served the below named person by certified, first class u.S. Mail, return receipt requested this 4th day of November, 2002. Attorneys for Petitioner: DONALD M. LEWIS, ill and ELYSE E. ROGERS KEEFER, WOOD, ALLEN & RAHAL, LLP 210 Walnut Street P.O. Box 11963 Harrisburg, Pennsylvania 17108-1963 / .,/~ BY: Mar . Wendekier, Esquire Attorney for the Respondents 306 Magee Avenue Patton, Pennsylvania 16668 Supreme Court ID#55284 Telephone:(814) 674-5991 Facsimile:(814) 674-5992 CUMBERLAND COUNTY COURT ADMINISTRATOR'S OFFICE 1 COURTHOUSE SQUARE CARLISLE, PA 17013 MCALVANELLI@CCPA.NET PHONE 240-6200 FAX 240-6460 FACSIMILE TRANSMITTAL SHEET TO: Mark R. Wendekier FROM: Melissa H. Calvanelli FAX NUMBER: 814-674-5992 DATE: 11/14/02 RE: Estate ofuapold J. Wendekier TOTAL NO. OF PAGES INCLUDING COVER: 1 D URGENT 0 FOR REVIEW 0 PLEASE COMMENT DPLEASE REPLY DPLEASE RECYCLE NOTES/COMMENTS: Your Preliminary Objections to Petitioner's Petition for Partition and Accounting has been received. These matters are heard during Argument Court in Cumberland County. In order to have this matter heard, you will need to file a Praecipe to List for Argument Court. Please feel free to contact me if you have any questions. 11/14/02 THU 11:15 FAX 2406460 CliMB/COUNTY COURTS !4JOOl ********************* *** TX REPORT *** ********************* TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT 1626 918146745992 11/14 11: 15 00'36 1 OK CUMBERLAND COUNTY COURT ADMINISTRATOR'S OFFICE 1 COURTHOUSE SQUARE CARLISLE, PA 17013 M CA L V AN ELL I@ C CPA. NET PHONE 240-6200 FAX 240-6460 FACSIMILE TRANSMITTAL SHEET TO: MarJe R. Wendekier ,ROM: Melissa H. Calvanelli FAX NUMBER: 814-674-5992 DATE: 11/14/02 RE: Estate of Leopold J. Wendekier TOTAL NO. OF PAGES INCLUDING COVER: 1 D URGENT 0 FOR Rr:;VTEW 0 PLEASE COMMEN1' DpLEASE RF.'PLY DPLEASE RECYCLE NOTES/COMMENTS: ~ ~\-Dt-BDI Raymond J. Wendekier Mark R. Wendekier Attorneys At Law 306 Magee Avenue Patton, Pennsylvania 16668 Telephone: (814) 674-5991 Fax: (814) 674-5992 Date: November 4, 2002 To: Orphans' Court Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013 Re: Estate of Leopold J. Wendekier, deceased No. 191-18-3311 --------------------------------------------------------------------- --------------------------------------------------------------------- We are transmitting the indicated copies or originals of enclosed described documents Original for filing Respondents' Preliminary Objections To Petitioner's Petition for Partition and Accounting (XX) With this letter (X) Under Separate Cover ( ) For your information () For necessary action () Per our conversation ( ) For signature, notary and return ( ) For signature and forwarding/return ( ) As noted below/above () Approved ( ) Disapproved () Per your request ( ) For correction ( ) For review and comment ( ) Approved as noted ( ) For payment (xx) For recording/filine ( ) For notary ( ) For your files lRemarks:1 Please contact us if you have any questions. Thank you. cc: Donald M. Lewis, III and Elyse E. Rogers KEEFER, WOOD, ALLEN & RAHAL, LLP 210 Walnut Street, P.O. Box 11963, Harrisburg, Pennsylvania 17108-1963 United States Postal Service Tracking No. EL 775496485 US sent November 4,2002 INRE: ESTATE OF LEOPOLD J. \VENDEKlER,DECEASED NOV 12 2002 ~ I IN THE COURT OF COMMON PLEAS ICUMBERLAND COUNTY, PENNSYLVANIA I I I NO.:191-EI ~(j-l-l 0>\- D\ - <Ot>'1 I I I I I I IORPHANS' COURT DIVISION I I I I I I IFOR FILING: RESPONDENTS' PRELIMINARY I OBJECTIONS TO PETITIONER'S I PETITION FOR PARTITION I AND ACCOUNTING I I. I I I MARK R. \VENDEKlER, Esquire IAttorney for The Respondents I 306 Magee Avenue I Patton, Pennsylvania 16668 I Supreme Court ID# I Telephone: (8 14) 674-5991 I Facsimile:(814) 674-5992 ESTATE OF LEOPOLD J. WENDEKIER, DECEASED I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA I I NO. 191 18-JJli Q \ - 0\ - <;{D'l I I I I I I IORPHANS' COURT DNISION I I INRE: PRELIMINARY OBJECTIONS NOW COME, Respondents, MARIAN K. WENDEKIER, RAYMOND J. WENDEKIER, ELEANOR M. BLACK and FREDERICK J. WENDEKIER, and file these Preliminary Objections to Petitioner's, BEVERLY A. WENDEKIER'S, Petiton For Partition and Sale of Real Estate And For An Accounting, in the above referenced Estate, in support of which it is set forth as follows: 1. The Decedent, Leopold J. Wendekier, died on July 30,2001. 2. At the time of his death, the Decedent, Leopold J. Wendekier, was a a resident of Cumberland County, Pennsylvania. 3. Respondent, Marian K. Wendekier, is the former wife of the Decedent, Leopold J. Wendekier. 4. Respondent, Marian K. Wendekier, is an adult individual, who resides at 117 Linwood Avenue, Patton, Cambria County, Pennsylvania 16668. 5. Respondent, Marian K. Wendekier, is 87 years old. 6. Respondent, Raymond J. Wendekier, is an adult individual, who resides at 117 Linwood Avenue, Patton, Cambria County, Pennsylvania 16668. 7. Respondent, Eleanor M. Black, is an adult individual, who resides at RD #1, Box 1, Altoona, Blair County, Pennsylvania 16601. 8. Respondent, Frederick 1. Wendekier, is an adult individual, who resides at 414 Fairview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 9. Respondents, Raymond J. Wendekier, Eleanor M. Black and Frederick J. Wendekier are the only living children of Decedent, Leopold J. Wendekier. 10. Petitioner, Beverly A. Wendekier, is the widow of the Decedent, Leopold J. Wendekier. 11. Prior to their divorce in 1975, Respondent, Marian K. Wendekier, and the Decedent, Leopold J. Wendekier, owned a piece or parcel ofland located at 101 Linwood Avenue, Patton, Cambria County, Pennsylvania 16668 (hereinafter referred to as the "Property"), as tenants by the entireties. 12. Upon the divorce of Respondent, Marian K. Wendekier, and the Decedent, Leopold J. Wendekier, and by operation oflaw, Repondent, Marian K. Wendekier, and the Decedent, Leopold J. Wendekier, each, became an owner ofa one-half (l/2) interest in the Property as tenants in common. 13. Respondent, Marian K. Wendekier, has never been served with any notice of any kind that she is a party in interest in the Decedent's, Leopold J. Wendekier's Estate. 14. Upon the death of the Decedent, Leopold J. Wendekier, Petitioner was appointed as administrator of Decedent's, Leopold J. Wendekier's, Estate in this Court to the above captioned Estate Number. A. PRELIMINARY OBJECTION I-----IMPROPER VENUE: Except as otherwise provided, Pa.R.c.P. 1551 requires all partition actions to be in accordance with the rules of equity. Further, Pa.R.C.P. 1552 requires venue for all partition actions to be commenced in only the county where all or part ofthe subject property is located. Pa.R.C.P. 1501 requires the procedure of an action in equity to be in accordance with a civil action. While the rules otherwise do not set forth the the procedure for commencing an equity action, Pa.R.C.P. 1007 sets forth that a civil action shall be commenced by a writ of summons or a complaint. Under the Pennsylvania Constituion of 1968, Article V, Section 10 (c), the Supreme Court of Pennsylvania was given the power to prescribe rules regarding civil actions. Additionally, the 1968 Constitution suspended all laws to the extent that they were inconsistent with rules prescribed by the Supreme Court 42 Pa.C.S.A. Section 1722 later set forth this provision in statutory form. Specifically 42 Pa.C.S.A. Section 1722 (a) (1) states in part: "... All statutes shall be suspended to the extent that they are inconsistent with the rules prescribed under this paragraph." In the current matter, Petitioner correctly states that the Decedent, Leopold J. Wendekier, was the owner of a one-half (1/2) interest in the Property as a tenant in common, with Respondent, Marian K. Wendekier. Additionally, the Property is in Cambria County, Pennsylvania. Therefore, pursuant to Pa.R.C.P. 1552, venue for the current action should occur in Cambria County, Pennsylvania, because the Property is located in Cambria County, Pennsylvania and the accounting sought deals with Property in Cambria County, Pennsylvania, which is a part of the partition. Despite the aforementioned Rules of Civil Procedure, Petitioner states that jurisdiction is in the Orphan's Court Division in the Court of Common Pleas by virtue of20 Pa. C. S. Section 711 (16) and 20 Pa. C.S. Section 3534. Petitioner further concludes that venue is proper based upon 20 Pa. C. S. Section 721 and due to the fact that Decedent's, Leopold J. Wendekier's, Estate was opened in Cumberland County, Pennsylvania. The Petitioner's statement that venue is proper in Cumberland County, Pennsylvania and that 20 Pa. C. S. Section 711 (16) and 20 Pa. e.S. Section 3534 confers jurisdiction upon the Orphan's Court Division of The Court of Common Please of Cumberland County, Pennsylvania is misplaced. 20 Pa. C. S. Section 711 (16) clearly deals with the Orphan's Court's power to dispose of a interest acquired through will or through estate or trust administration by a person who is disabled from dealing with it. In the current matter, none of the persons who acquire an interest to Decendent's one-half (112) interest, through the Decendent's Estate, is disabled from dealing with their interest. Accordingly, Respondents respectfully suggests to the Honorable Court that 20 Pa. C. S. Section 711 (16), does not apply to the current matter. Further, Pa.C.S. Section 3534 deals with a situation where there is distribution in kind or a partition among the distributees of an estate in lieu of distribution. It does not address, nor does it intend to deal with a partition action between a decedent's estate and a person who is a tenatnt in common with the decedent's estate. In the current matter, the Decedent's children are satified with a distribution in kind for each of their one-third (1/3) share of Decedent's one-half (112) interest in the subject property. The Petitioner, however, seeks not only a partition regarding the Decedent's Estate between the distributees of the Estate, but also a partition with Marian K. Wendekier, one of the Respondents, who is not a beneficiary of the Decedent's Estate nor a party in interest in any part of the Decedent's Estate. Accordingly, the Petitioner attempts to apply the statute to a situation that is beyond the authority of that specific statute. Finally, 20 Pa.C.S. Section 721 states that when a Court has jurisdiction of a decedent's estate, venue for all purposes shall be where the personal respresentative was appointed and letters were granted, except as otherwise provided by law. It is true that The Honorable Court of Cumberland County, Pennsylvania, Orphan's Court Division, has jurisdiction over Decendent's, Leopold J. Wendekier's Estate. However, this statute only would place venue for a partition action in the Honorable Court, if no other provision of law provides for a partition action. This is indicated by the words ". . . ,except as otherwise provided by law,. . ." as are set forth in the statute. Since these words limit the cases in which venue would be proper in Cumberland County, Pennsylvania, if another provision of law establishes venue in another place for a partition action, we must determine ifthere is law which establishes venue elsewhere. In the current matter, the subject Property is located in Cambria County, Pennsylvania. Therefore, pursuant to Pa.R.C.P. 1552, which requires venue for all partition actions to be commenced only in the county where all or part of the subject Property is located, venue in the current matter of partition and accounting is properly set in Cambria County, Pennsylavnia. B. PRELIMINARY OBJECTION II----FAILURE TO FOLLOWS THE RULES OF CIVIL PROCEDURE: Except as otherwise provided, Pa.R.C.P. 1551 requires all partition actions to be in accordance with the rules of equity. Pa.R.C.P. 1501 requires the procedure of an action in equity to be in accordance with rules governing a civil action. While the rules otherwise do not set forth the the procedure for commencing an equity action, Pa.R.C.P. 1007 sets forth that a civil action shall be commenced by a writ of summons or a complaint. The the current matter was commenced by Petition and Citation. Since none of the aforementioned Rules or Statute cited by Petitioner apply to the instant action because it seeks a partition between the Decedent's Estate and Respondent, Marian K. Wendekier. Under the Rules of Civil Procedure, an action should be commenced by Complaint which conforms to the Rules, against Marian K. Wendekier. Additionally, such action should join the other Respondents, Decedent's adult children, as necessary and indispensable parties. WHEREFORE, Respondents request the Honorable Court to dismiss Petitioner's Petition, together with the Citiation, and in the alternative, require the Petitioner to transfer venue to Cambrioa County, Pennsylvania, and to amend the pleadings to conform with the other Pennsylvania Rules of Civil Procedure which require the commencement of a partition action by the filing of a Complaint. BY~ ~ Mark R. Wendekier, Esquire Attorney for the Respondents 306 Magee Avenue Patton, Pennsylvania 16668 Supreme Court ID#55284 Telephone:(814) 674-5991 Facsimile:(814) 674-5992 ESTATE OF LEOPOLD J. WENDEKIER, DECEASED I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA I I NO. 191-18-3311 I I I I I I IORPHANS' COURT DNISION I I INRE: CERTIFICATE OF SERVICE I, Mark R. Wendekier, hereby certify that I served the below named person by certified, first class U.S. Mail, return receipt requested this 4th day of November, 2002. Attorneys for Petitioner: DONALD M. LEWIS, ill and ELYSE E. ROGERS KEEFER, WOOD, ALLEN & RAHAL, LLP 210 Walnut Street P.O. Box 11963 Harrisburg, Pennsylvania 17108-1963 ,.,.,.., BY: Mar . Wendekier, Esquire Attorney for the Respondents 306 Magee Avenue Patton, Pennsylvania 16668 Supreme Court ID#55284 Telephone:(814) 674-5991 Facsimile:(814) 674-5992 SHERIFF'S RETURN - REGULAR CASE NO: 2001-00807 0 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WENDEKIER LEOPOLD J ESTATE OF VS BLACK ELEANOR ET AL JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, - - - - says, the within CITATION was served upon WENDEKIER FREDERICK the DEFENDANT , at 1558:00 HOURS, on the 28th day of October , 2002 at 414 FAIRWAY DRIVE MECHANICSBURG, PA 17055 by handing to MARY HOLLEY MOTHER IN LAW a true and attested copy of CITATION together with ORDER AND PETITION and at the same time directing Her attention to the contents thereof. Additional Comments __ - .-I> YORK COUNTY WAS DEPUTIZED FOR SERVICE AT FAIRVIEW DRIVE AND A NOT __ FOUND RETURN WAS SENT TO US. THE CORRECT ADDRESS IS FAIRWAY DRIVE. Sheriff's Costs: Docketing Service Dep York County Surcharge So Answers: 6.00 7.59 16.00 10.00 .00 39.59 r~.-:~ R. Thomas Kline 10/04/2002 KEEFER WOOD ALLEN RAHAL Sworn and Subscribed to before ^ me this ~~fY\ d day of It:::J;V&:-~::J(Jo ~,,1;: Clerk of Orhans cour~-21 By: - - - - SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-00807 0 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WENDEKIER LEOPOLD J ESTATE OF VS BLACK ELEANOR ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being - - ..... - duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BLACK ELEANOR but was unable to locate Her In his bailiwick. He therefore deputized the sheriff of BLAIR County, Pennsylvania, to serve the within CITATION ORDER AND PETITION On November 4th, 2002 , this office was in receipt of the attached return from BLAIR Sheriff's Costs: Docketing Out of County Surcharge Dep Blair County 18.00 9.00 10.00 25.00 .00 62.00 11/04/2002 KEEFER WOOD SO_~.8wer .~ R. Tomas Kline Sheriff of Cumberland County - - - - ALLEN RAHAL Sworn and subscribed to before me this~cxM1L day Of~U/l ) . - - - - SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-00807 0 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WENDEKIER LEOPOLD J ESTATE OF VS - - ,- - BLACK ELEANOR ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: WENDEKIER RAYMOND but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of CAMBRIA County, Pennsylvania, to serve the within CITATION ORDER AND PETITION On November 4th, 2002 , this office was in receipt of the attached return from CAMBRIA Sheriff's Costs: Docketing Out of County Surcharge Dep Cambria County 6.00 9.00 10.00 39.41 .00 64.41 11/04/2002 KEEFER WOOD s~ answer. ~._.../......,_....,. /<>~:-/ -_. -?~. - ~-- ------. ~. R. Thomas Kline <:./ :. Sheriff of Cumberland County - - - - ALLEN RAHAL Sworn and subscribed to before me thisc:2:)/'rLcL day ofL~ - - - - SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-00807 0 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WENDEKIER LEOPOLD J ESTATE OF VS BLACK ELEANOR ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and - - ..... .... and inquiry for the within named DEFENDANT "- , to wit: WENDEKIER MARION but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of CAMBRIA County, Pennsylvania, to serve the within CITATION ORDER AND PETITION On November 4th, 2002 , this office was ln receipt of the attached return from CAMBRIA Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 11/04/2002 KEEFER WOOD ~> So answer ',// ' - R. ThO:~S Kli~ Sheriff of Cumberland County - - ....... - ,- ALLEN RAHAL Sworn and subscribed to before me this 02,;);Y1Ci day Of~UA) ~ A.D. .. Ifnuw.o- ~ .~ I d ~ Clerk of Orhans Co t - - - - . " "YO\..lOl.v..O'~'Q.. ~. DA TE RECEIVED DA TE PROCESSED q~~ V\ SHERIFF'S DEPARTMENT SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN BLAIR COUNTY, PENNSYLVANIA. COURTHOUSE, HOLLlDAYSBURG. PA. 16648 I INSTRUCTIONS: II Print legibly. insuring readability of all copies. Do not detach any copies. BCSD ENV." 1. PLAINTIFF I S I I T (UN 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC, TO SERVICE OR DESCRIPTION OF PROPERTY TO BE lEVIED. ATTACHED OR SOLO. CL t~~'(W- Pi flc...lC. 6. ADDRESS (Street or RFD. Apartment No.. City, Boro. Twp.. Sta1eand ZIP Code) 01 7 DDEPUTIZE DCERT. MAil o REGISTERED MAil DpOSTED DOTHER NOW. BLAIR I COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return thereof according to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF BLAIR COUNTY 8 SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT Will ASSIST IN EXPEDITING SERVICE: PLt~(" -frL<- co!' t1-;-it1df6-o (}/ a=-T NOTE ONL Y .\PPlICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within w"t may leave same without a watchman, In custody of whomever is found In possession, after notifying person of levy or attachment, withou1 liability on the part 01 slJch deouty or tr,e s~c"ff to any plalnllff herein for any loss, destruction or removal of any such property belore sheriffs' sale thereof. SIGNATURE c1 ATTORNEY or other ORIGINATOR requesting service on behalf of: 10. TELEPHONE NUMBER 11 DATE Cl)d2 o PLAINTIFF o DEFENDANT SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE I acknowlec]e 'ece,ol ,11 Ihe wr'l { SIGNATURE ~ulhomed BCSD Deputy or Clp.lk and T.tle I 13 Dale F?,ved I 14. Explrat,onlHe3l1r,q d~l~~ ~2 0' com"lalnt as ,ndlcaled above. ~ fD-,L") -02- fl-/S' ~. 15 I n~reby CERTIFY and RETURN that I 0 have pers nally served, Dhave served person In charge, 0 have tegal eVIdence of service as shown In "Remarks' (on re'lelsel [J nave rOStf'd :~e above described property with the writ or complaint described On the indiVIdual. company. corporatIon. etc., at the address shown above or on the indiVidual. co"'pany. C"'Dorallor ete. al Ihe address Inserted below by hand i"glor Postrng a TRUE and ATTESTED COpy the/eof. 15. QI hp','!by certrfyand ,,,w,n a NOT FOUND because I am un,able to locate the IndIVIdual. 17 N,"!me and tltlp' of 'ndlVldUF!1 served ~~R ~~\(. 19 Adc'ess of where se,ved (CO~ele only It clfferent than shOwn above) (Street or RFD. Apartment NO. CIty. Bora. Twp, State and ZIP Code) company, corporation. etc.. named above (See remarks below) 18. A person of SUitable age and discretion then reSIding In the defendant's usual place 01 abode. 0 20 Date of ServIce 21. Time Read Order o ~~ \tr \Co' ()~ . \o\~ Miles Dep. Int. I I 23. Ad':ance Costs 1 24 15b.~ ~ 05Z7~ ! Date I ! 27 Total Costs r;:)S. GO 22. ATTEMPTS Date Date Miles Dep, Int. 30. REMARKS MY COMMISSION EXPIR I ACKNOWLEDGE Rl'l~~M1', l:lt:nfffil!vi~l1tiltfij!Jsai@t8WflJ~ATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE. SO ANSWER. N P ~ I Y Freedom Twp.. l3:a:1 County My Comm:,;s:,'n &:xpircs FEl!. ,; )(~(n 39. Date ReceIved In The Court of Common Pleas of Cumberland County, Pennsylvania Estate of Leopold J. VS. Eleanor Black et al Eleanor Black Wendekier, deceased SERVE: No. 01 807 register of wills Now, October 9, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Blair County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. .-r~~ee<~r~R Sheriff of Cumberland County, P A Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this_day of ,20_ COSTS SERVICE :MILEAGE AFFIDAVIT $ $ In The Court of Common Pleas of Cumberland County, Pennsylvania Estate of Leopold J. Wendekier, deceased VS. Eleanor Black et al Raymond Wendekier SERVE: No. 01 807 register of wills Now, October 9, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Cambria County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. .~~~~~R Sheriff of Cumberland County, PA Now, /0, /(P ~ Affidavit of Service , 20()2-, at Jt/"/Do'c1ock (). M. served the within ' (2, -lCd, f/ltL 0 rcLeJ + ;Oeh h ac ~ro . I / ~ (VlOfJd {AJe Ylcl () {(J Pit _ /Q 1 L, ~ u))ocI.- /I-J~ . PxHOL +>4. I tdPf., 't hdn pefSOt1A-'~ . . . -tn.uL + ccf--4-esf-eDt copy of the original (if m f1A-, nrch-r + - . { fl2:f{~ h I in the contents thereof. upon at by handing to a and made known to So answers, fi)h 1(~ Sheriff of ~ County, PA Sworn and subscribed before me this :J./~' day of (!)~ , 20 O:;J.., pttti;; ~ V COSTS SERVICE MILEAGE AFFIDA VIT $ $ 3g. 41 lOTfrL In The Court of Common Pleas of Cumberland County, Pennsylvania SERVE: Estate of Leopold J. Wendekier, deceased VS. Eleanor Black et al Marion Wendekier No. 01 807 register of wills Now, October 9, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Cambria County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. .~~&J<~r~~ Sheriff of Cumberland County, P A Affidavit of Service Now, /0- /f.a- triM/rAG I OrdfJr ~ p&h~~ 1'7D../'tO/J /)j~(Jd e. Krii( 10 7 [/~ tdJoj) 1/ UfL. Po..:/1m.c Plf. her fJusono.-//~ -f-r lA..e-. ~ o..Ji- e s f- e ~ copy of the original hLI< , 200 d-; at If'l 00' clock ? M. served the within upon at /~&&? by handing to a {!Afcd-i~ I ()/du f , Ie..ft"/;~ the contents thereof. and made known to So answers, &' Sheriff of Sworn m:~ ~ubscribec!J:>efore me ::~14- COSTS SERVICE MILEAGE AFFIDA VIT $ 39.v/1oT;ff $ r----" .. / E-c. THE PRINTING EXPRESS, INC. YORK, PA 17402 1!55366-aU Me 3/01 COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN INSTRIJC'I'IONS PLEASE TYPE ONLY I.INE .1 THRU12 DO. NOT DETACH ANY.COPES 2. tf~e~8~~M'b'iPhans (1 9 1 - 1 8 - 3 3 11 ) 4. TYPE OF WRIT OR COMPLAINT 1. PLAINTIFF/SI Estate of Leopold J. Wendekier 3. DEFENDANT/SI Frederick Wendekier Citation, Order, Petition 5. NAME OF INDIVIDUAL, COMPANY. CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED. OR SOLD. Frederick Wendekier 6. ADDRESS (STREET OR RFO WITH BOX NUMBER. APT. NO., CITY, BORO, TWIP.. STATE AND ZIP CODE) 414 Fairview Drive Mechanicsburg, PA 17055 7. INDICATE SERVICE: 0 PERSONAL 0 PERSON IN CHARGE )If DEPUTIZE 0 C RT. IL October 17 , 20~ I, SHERIFF OF York COUNTY to execu to law. This deputization being made at the request and risk of the plaintiff. SERVE . AT { NOW o POSTED o OTHER 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: ADVANCED FEE PAID BY ATTY. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession. after notifying person of levy or attachment. without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction. or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY I ORIGINATOR and SIGNATURE KEEFER WOOD ALLEN & RAHAL 210 WALNUT ST. 10. TELEPHONE NUMBER 11 DATE FILED PO BOX 1196 255-8038 10-4-02 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). CUMBERLAND CO. SHERIFF SPACEBELOWFORUSEOFTHESHERFF--QONOTWRITE....OWTHIS UNE R. A H R ENS 14. DATE RECEIVED 10-18-02 13. I acknowledge receipt of the writ or complaint as indicated above. 15. Expiration/Hearing Date 11-3-02 RVED: PERSONAL ( RESIDENCE ( ) POSTED ( POE( ) SHERIFF'S OFFICE ( ) OTHER ( SEE REMARKS BELOW I hereby certify and return a NOT FOUND because I am unable to locate the individual, company. etc. named above. (See remarks below.) N ME AND TITLE OF INDIVIDUAL SERVED I LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20. Time of Service 22 REMARKS:!\bT Y D y- tL. Co . 5ho~t d ~ V(),~ ~ ~ tr. MiDcGI ... )Y\ cu~G /orV - 23. Advance Costs 75.00 41. AFFIRMED and subscribed to before me this 42. day of 44. Signature of Dep. Sheriff . Signature of York County Sheriff WILLIAM M. HOSE 45. DATE 47. DATE 10-29-02 49. DATE 51 DATE RECEIVED 1. WHITE - ISSUIng AuthOrity 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs Office / E-c. THE PRINTING EXPRESS, INC. YORK, PA 17402 1!55366-BU Me 3/01 COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN INSTRUCTIONS PLEASE TYPE. ONLY ..I.INE'1 T..UI2 DO' NOT DETACH ANY .COPIES 2. tJ~e~~~M~'iPhans (1 9 1 - 1 8 - 3 3 11 ) 4. TYPE OF WRIT OR COMPLAINT 1. PLAINTIFF/SI Estate of Leopold J. Wendekier 3. DEFENDANT/SI Frederick Wendekier Citation, Order, Petition 5. NAME OF INDIVIDUAL, COMPANY. CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED, OR SOLD. Frederick Wendekier 6. ADDRESS (STREET OR RFO WITH BOX NUMBER. APT. NO., CITY. BORO, TWP.. STATE AND ZIP CODE) 414 Fairview Drive Mechanicsburg, PA 17055 7. INDICATE SERVICE: 0 PERSONAL 0 PERSON IN CHARGE )If DEPUTIZE 0 C RT. IL October 17 , 20~ I, SHERIFF OF York COUNTY to execu to law. This deputization being made at the request and risk of the plaintiff. SERVE . AT { NOW o POSTED o OTHER 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: ADVANCED FEE PAID BY ATTY. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession. after notifying person of levy or attachment. without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction. or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY I ORIGINATOR and SIGNATURE KEEFER WOOD ALLEN & RAHAL 210 WALNUT ST. 10. TELEPHONE NUMBER 11 DATE FILED PO BOX 1196 255-8038 10-4-02 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). CUMBERLAND CO. SHERIFF SPACE:BELOWF'OR USEQ'1"HESHERFF-DONo1"WRI'I'E....OW'I'HISUNE R. A H R ENS 14. DATE RECEIVED 10-18-02 13. I acknowledge receipt of the wr~ or complaint as indicated above. 15. Expiration/Hearing Date 11-3-02 RVED: PERSONAL ( RESIDENCE ( ) POSTED ( POEt ) SHERIFF'S OFFICE ( ) OTHER ( SEE REMARKS BELOW I hereby certify and return a NOT FOUND because I am unable to locate the individual, company. etc. named above. (See remarks below.) N ME AND TITLE OF INDIVIDUAL SERVED I LIST ADDRESS HE~E IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20. Time of Service 21. ATTEMPTS 22. REMARKS: Y Ii /' . f\,bT DY" K-- U . sh>~t d ~ V~i ~ MiDc~1 )r'\ Cu~~ /orV ~tr. ... - 23. Advance Costs 75.00 42. day of 44. Signature of Dep. Sheriff . Signature of York County Sheriff WILLIAM M. HOSE 45. DATE 47. DATE 10-29-02 49. DATE 51 DATE RECEIVED 1. WHITE - ISSUIng Authonty 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs Office " IN RE: ESTATE OF LEOPOLD J WENDEKlER DECEASED IN THE COURT OF COMMON PLEAS ORPHANS' COURT DIVISION CUMBERLAND COUNTY, PENNSYLVANIA NO. 21 - 01 - 807 CITATION WE COMMAND, you that laying aside all business and excuses whatsoever, you be and appear in your proper person before the Honorable Judges of the Court of Common Pleas, Orphans' Court Division at a session of the said Court there to be held, for the County of Cumberland to show cause why within 20 days of service thereof whv the Petiton should not be granted. Witness my hand an official seal of office at Carlisle, Pennsylvania, this 4th day of October, 2002. c4J fl7t//lJl Sn .{t;[jZ Is! {JrLd' . Clerk, Orphans' Court Division ( Cumberland County, Carlisle, P A .--- , My Commission Expires on the I st Monday \ January, 2006 Ch 21 tJd 81 180 2C, \, I .', ~ \ ! 'I" C ",. .:l :J I (; ~. : ! r" -', I . f ~;'\ .' j ~:j .~,: ;~/ .,..... In re: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF LEOPOLD J. WENDEKIER, DECEASED NO. 191-18-3311 ORPHANS' COURT DIVISION PETITION FOR PARTITION AND SALE OF REAL ESTATE AND FOR AN ACCOUNTING f" . TO THE HONORABLE JUDGES OF THE SAID COURT: NOW COMES petitioner, Beverly A. Wendekier, in her fiduciary capacity as personal administrator of the Estate of Leopold J. Wendekier, deceased, through her counsel, Keefer Wood Allen & Rahal, LLP, and respectfully states as follows: Parties and Background 1. Petitioner, Beverly A. Wendekier ("Petitioner"), an adult individual who resides at 4410 Royal Oak Road, Camp Hill, Cumberland County, Pennsylvania 17011, is the surviving spouse of the decedent, Leopold J. Wendekier ("Decedent"), who resided with Petitioner at the foregoing address until his death on July 30, 2001. 2. Decedent died intestate. 3. Petitioner files this Petition in her fiduciary capacity as personal administrator of her late husband's estate (the "Estate"), having been appointed to that position by the Cumberland County Register of Wills in Letters of Administration Ch 21 lJd 8T 180 ZG. granted on August 29, 2001. \;:'d f., :j""-' J.. J 11),' '~"1 : ~,~ .:1 ~~ j L. ".... .... .....' '. .! '1"1 <,' : -'" .:~ ~) ('- '! t d :..., __ ",' _.~ I" ,. ~,' 4. Decedent was survived by Petitioner and by three (3) adult children of a previous marriage, all of whom are named as respondents herein along with the Decedent's former spouse. 5. Respondent Eleanor Black, one of Decedent's children, is an adult individual who resides at R.D. #1, Box #1, Altoona, Blair County, Pennsylvania 16601. 6. Respondent Raymond Wendekier, one of Decedent's children, is an adult individual who resides at 107 Linwood Avenue, Patton, Cambria County, Pennsylvania 16668. 7. Respondent Frederick Wendekier, one of Decedent's children, is an adult individual who resides at 414 Fairview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 8. Respondent Marion K. Wendekier, an adult individual who resides at 107 Linwood Avenue, Patton, Cambria County, Pennsylvania 16668, was formerly married to Decedent. 9. At the time of his death, Decedent held an undivided one-half (}2) interest, as a tenant in common with his former wife, Marion K. Wendekier, in real property located at 101 Linwood Avenue, Patton, Cambria County, Pennsylvania 16668 (the "subject real estate"), which consists of 8.2 acres and improvements constructed thereon, including a single family residence. 10. Marion K. Wendekier holds the other one-half (}2) interest, as a tenant in common, in the subject real estate. -2- ," 11. By operation of law, Decedent's undivided one-half (%) interest as a tenant in common in the subject real estate is now owned and held by the Estate. 12. To the best of Petitioner's knowledge, information, and belief, the subject real estate is not encumbered by any liens or charges. 13. The single family residence located on the subject real estate is in a deteriorating condition, and is not being properly maintained due in part to Petitioner's inability to administer the property as a result of the division of ownership. 14. Petitioner avers, on information and belief, that one or more of the respondents has caused valuable timber to be removed from the subject real estate for sale and profit. 15. No person other than the parties to this action has any interest in the subject real estate. 16. Petitioner does not have possession of the subject real estate, but avers, on information and belief, that respondent Marion K. Wendekier has actual or constructive possession of the property. Action for Partition and Sale of Real Estate 17. This Court has jurisdiction over this matter pursuant to 20 Pa.C.S. S 711 (16), which defines the subject matter jurisdiction of the Orphans' Court Division to include disposition of title to a decedent's real estate to render it freely alienable; and 20 Pa.C.S. S 3534, which authorizes the Court to divide, partition and allot property in a decedent's estate among the distributees in proportion to their respective interests. -3- ," . ' 18. Venue is proper in this Court pursuant to 20 Pa.C.S. 9 721, because Letters of Administration were granted to Petitioner in this Court. 19. Respondents Eleanor Black, Raymond Wendekier, and Frederick Wendekier were each served, on September 17, 2001, with written notices of estate administration pursuant to Supreme Court Orphans' Court Rule 5.6. 20. In order to properly complete administration of the Estate, Petitioner must be able to fully account for, and be in a position to sell or distribute, Decedent's undivided one-half (12) interest as a tenant in common in the subject real estate. 21. It is neither feasible nor practical to market and sell the Estate's undivided one-half (12) interest in the subject real estate, nor to further divide the ownership of the property, because only one single family residence is located on the property. 22. Petitioner wishes to divest the Estate of its undivided one-half (12) interest, as a tenant in common, in the subject real estate for fair consideration. 23. The Estate is entitled to receive its fair share of all profits obtained from the sale of any timberJemoved from the property and not paid to the Decedent during his lifetime or paid to the Estate after his death. 24. Despite repeated requests by Petitioner (acting through her counsel), Respondents have failed and refused to communicate with Petitioner regarding their wishes, if any, for the disposition of the Estate's undivided one-half (12) interest in the subject real estate, thus preventing an amicable partition. 25. The subject real estate has an estimated fair market value of $76,500. -4- " , . WHEREFORE, Petitioner respectfully requests that a citation be awarded, directing respondents to show cause why the following relief should not be granted: (a) That the Court decree partition of the subject real estate; (b) That the share(s) to which the respective parties are entitled be set out to them in severalty and that all proper and necessary conveyances and assurances be executed for carrying such partition into effect; and that if the subject real estate cannot be divided without prejudice to, or spoiling of, the whole, it shall be sold in a public or private sale in such manner as this Honorable Court may direct; (c) That one-half of the net proceeds of sale be awarded to Petitioner to be distributed as part of the Estate; and (d) That the Court grant su~h other and further relief as the Court deems fair and just under the circumstances, Request for an Accounting 26. The foregoing paragraphs 1 through 25 of the Petition are incorporated here by reference as if fully restated. 27. One or more of the respondents have caused valuable timber to be removed from the subject real estate without the Decedent's or Petitioner's permission, and have failed to properly account to Petitioner for the Decedent's or the Estate's share of profits obtained from such sales of timber. 28. The value of the subject real estate may have been impaired by the removal of ornamental and shade trees that enhanced the appearance of the property. 29. Respondents should, therefore, be directed to provide an accounting to Petitioner of all profits obtained from the sale of timber removed from the subject real estate. -5- 30. Respondents should also be directed to pay damages for any and all injury and waste caused by the removal of ornamental and shade trees, with an undivided one-half (%) share thereof to be awarded to Petitioner on behalf of the Estate. WHEREFORE, Petitioner respectfully requests that a citation be awarded, directing respondents to show cause why the following relief should not be granted: (a) That the Court direct such of the respondents who are determined to be liable therefor to account to and pay over to Petitioner such share of timbering profits as this Honorable Court may deem appropriate; (b) That the Court direct such of the respondents who are determined to be liable therefor to pay damages for any and all injury and waste caused by the removal of trees, with an undivided one-half (%) share thereof to be awarded to Petitioner on behalf of the Estate; and (c) That the Court grant such other and further relief as the Court deems fair and just under the circumstances. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Dated: September -'i..., 2002 By il~_~ J~-~ aO~u~~,S III Attorney I. D. #58510 ELYSE E. ROGERS Attorney 1.0. #41274 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8038 and (717) 612-5801 Attorneys for Petitioner -6- VERIFICATION The undersigned, Beverly A. Wendekier, hereby verifies and states that: 1. She is the surviving spouse of the late Leopold J. Wendekier and has been duly appointed as personal administrator of the Estate of Leopold J. Wendekier, deceased; 2. The facts set forth in the fcregoing Petition for Partition and Sale of Real Estate and for an Accounting are true and correct, except as to those facts stated on information and belief, and as to those facts, she believes them to be true; and 3. She is aware that false statements herein are made subject to the penalties of 18 Pa. C. S. 9 4904, relating to unsworn falsification to authorities. -~I /"7 // 1 ~/- / /" /~ /) //./ //) / >'} > /,/ .' > - /' <, - Be~;;YA~-~~~e~~ ~'~)L::e-&-e_~~/ Dated: September / ~{2002 IN RE: LEOPOLD 1. WENDEKIER, DECEASED IN THE COURT OF COMMON PLEAS ORPHANS' COURT DIVISION CUMBERLAND COlJNTY, PENNSYLVANIA NO. 21-2001-0807 RULE WE COMMAND, you that laying aside all business and excuses whatsoever, you be and appear in your proper person before the Honorable Judges of the Court of Common Pleas, Orphans' Court Division at a session of the said Court there to be held, for the County of Cumberland to show cause why (1) a rule is issued upon the Respondents to show cause why the petitioner is not entitled to the relief requested; (2) Respondents shall file an answer to the petition within twenty (20) days of service upon Respondents; (3) the petition shall be decided under Pa. R. Civ. P. 206.7; (4) depositions shall be completed within 60 days of this date; (5) argument shall be held as needed; (6) notice of the entry of this order shall be provided to Respondents by the petitioner. Witness my hand an official seal of office at Carlisle, Pennsylvania, this 15th day of May, 2003. ~"-rH.~l s+ \\\^ h A \'ltAJ Clerk, Orphans' Court Division ~. I .~ ' Cumberland County, Carlisle, PA ~ l)l! lLt) My Commission Expires on the 1 sl Monday / January, 2006 \. . (f- ( \\~\{ / /) \ \)\ c'\, MA V , 3 2003 ~ (} In re: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF LEOPOLD J. WENDEKIER, DECEASED NO. 2001-0807 ORPHANS' COURT DIVISION AND NOW, this ~aY of , 2003, upon consideration of the foregoing petition by Beverly A. Wendekier, pe al administrator of the above-referenced Estate, to enforce a settlement agreement, the Clerk of the Orphans' Court Division is directed to issue a rule to show cause upon the respondents, Eleanor Black, Raymond Wendekier, Frederick Wendekier, and Marion K. Wendekier ("Respondents"), as follows: (1) a rule is issued upon the Respondents to show cause why the petitioner is not entitled to the relief requested; (2) Respondents shall file an answer to the petition within twenty (20) days of service upon Respondents; (3) the petition shall be decided under Pa. R. Civ. P. 206.7; (4) depositions shall be completed within (,0 days of this date; (5) argument shall be held ..." , L.VV~, I,I 8""u11. """"", ullrre -"1'VQ['-.1 ~I 'r "r,,~L L, 1Ill~ fJ ~ j (6) notice of the entry of this order shall be provided to Re~ondents by the petitioner. 0\ l'"') CL BY THE COURT: ,'.;" <.3 >- <=c :::0::: <!) ...0 tE ,)) - :3c3 J. ...,. '),,,.* ""', (:) (j) a: p J . In re: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF LEOPOLD J. WENDEKIER, DECEASED NO. 2001-0807 ORPHANS' COURT DIVISION PETITION TO ENFORCE SETTLEMENT AGREEMENT TO THE HONORABLE JUDGES OF THE SAID COURT: NOW COMES petitioner, Beverly A. Wendekier, in her fiduciary capacity as personal administrator of the Estate of Leopold J. Wendekier, deceased, through her counsel, Keefer Wood Allen & Rahal, LLP, and respectfully states as follows: 1. Petitioner, Beverly A. Wendekier ("Petitioner"), an adult individual who resides at 4410 Royal Oak Road, Camp Hill, Cumberland County, Pennsylvania 17011, is the surviving spouse of the decedent, Leopold J. Wendekier ("Decedent"), who resided with Petitioner at the foregoing address until his death on July 30, 2001. 2. Decedent died intestate. 3. Petitioner files this Petition in her fiduciary capacity as personal administrator of her late husband's estate (the "Estate"), having been appointed to that position by the Cumberland County Register of Wills in Letters of Administration granted on August 29, 2001. 4. Decedent was survived by Petitioner and by three (3) adult children of a previous marriage, all of whom are named as respondents herein along with the Decedent's former spouse. . . 5. Respondent Eleanor Black, one of Decedent's children, is an adult individual who resides at R.D. #1, Box #1, Altoona, Blair County, Pennsylvania 16601. 6. Respondent Raymond Wendekier, one of Decedent's children, is an adult individual who resides at 107 Linwood Avenue, Patton, Cambria County, Pennsylvania 16668. 7. Respondent Frederick Wendekier, one of Decedent's children, is an adult individual who resides at 414 Fairview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 8. Respondent Marion K. Wendekier, an adult individual who resides at 107 Linwood Avenue, Patton, Cambria County, Pennsylvania 16668, was formerly married to Decedent. 9. On September 20,2002, Petitioner filed a petition in this Court for partition of real estate located at 101 Linwood Avenue, Patton, Cambria County, Pennsylvania 16668, naming all the above-named individuals ("Respondents") as respondents in that proceeding. 10. Respondents are within the personal jurisdiction of the Court, having been previously served with citations in the partition proceeding. All Respondents except Marion K. Wendekier also received written notices of estate administration pursuant to Supreme Court Orphans' Court Rule 5.6. 11. On or about November 6,2002, Mark R. Wendekier, Esquire, entered his appearance in this matter on behalf of Respondents by filing preliminary objections to -2- the petition for partition of real estate, raising questions (1) whether venue was proper in this Court (due to the situs of the real estate in Cambria County) and (2) whether the partition action was properly initiated by the filing of a petition in Orphans' Court Division rather than by the filing of a complaint. 12. On November 15, 2002, while the petition for partition of real estate and preliminary objections thereto were pending in this Court, Petitioner's counsel, Elyse E. Rogers, Esquire, forwarded a written settlement offer to Respondents' counsel, Mark R. Wendekier, Esquire. A true and correct copy of the settlement offer ("Settlement Offer") is attached hereto as exhibit "A." 13. In a letter from their counsel dated December 2, 2002, Respondents accepted the Settlement Offer, as follows: 1. My clients will reimburse Beverly [Wendekier] for all inheritance taxes paid by her and which are attributable to the property at 101 Linwood Avenue, Patton, Pennsylvania 16668. 2. My clients will reimburse Beverly for all inheritance taxes attributable to the stock and paid by Beverly. 3. My clients will reimburse Beverly for all fees paid to you, provided such sums are in accordance with the sum set forth on the inheritance tax return. 4. Beverly will transfer all right, title and interest which the estate has in and to the property at 101 Linwood Avenue, Patton, Pennsylvania 16668 to my father and his siblings. I will prepare and record the fiduciary deed at no cost to you or Beverly. 5. The stock will be liquidated, and all sums attributable to my clients will be applied to whatever sums are owed to Beverly for reimbursement. -3- 6. My clients will execute a release which releases Beverly, individually and as administrarix [sic], from all potential claims and obligations. I will prepare the release at no cost to you or Beverly. A true and correct copy of the described letter ("Acceptance Letter") is attached hereto as exhibit "8." 14. An agreement ("Agreement") was thereby reached between and among Petitioner and Respondents, through their authorized counsel of record, to settle and compromise all material issues relating to the real estate and other matters of administration pertinent to a final settlement of the Estate. 15. The Settlement Offer and Acceptance Letter together constitute the material terms of the Agreement, which is enforceable as written. 16. On December 17, 2002, after receiving the Acceptance Letter, Petitioner's counsel took steps to implement the Agreement by forwarding various instruments needed to effectuate the sale of stock contemplated by paragraph 5 of the Acceptance Letter. A true and correct copy of the described letter is attached hereto as exhibit "C." 17. Petitioner's counsel sent a follow-up letter to Respondents' counsel, dated January 23, 2003, requesting a response from him and reaffirming Petitioner's desire to finalize matters pertaining to the Estate. A true and correct copy of the described letter is attached hereto as exhibit "D." 18. Petitioner's counsel sent an additional follow-up letter to Respondents' counsel, dated February 25,2003, again requesting a response from him and -4- reaffirming Petitioner's desire to finalize matters pertaining to the Estate. A true and correct copy of the described letter is attached hereto as exhibit "E." 19. As confirmed in exhibit "E," Respondents' counsel left a voice mail message with Petitioner's counsel on February 10, 2003, indicating he would send out all documents by the end of the week of February 14, 2003; however, he has not, to date, done so. 20. Petitioner's counsel sent still another follow-up letter to Respondents' counsel, dated March 21, 2003, again requesting a response from him and reaffirming Petitioner's desire to finalize matters pertaining to the Estate. A true and correct copy of the described letter is attached hereto as exhibit "F." 21. Despite the several written reminders described above, Respondents' counsel has failed, to date, to return the signed instruments requested in the letter of December 17, 2002, or to otherwise cooperate in implementing the terms of the Agreement. 22. Respondents have not, at any time, denied or disavowed the existence or terms of the Agreement. 23. The Court is authorized to enforce a settlement if all the material terms of the bargain have been agreed upon, even if a formal settlement document or release has not yet been executed. McDonnell v. Ford Motor Co., 434 Pa. Super. 439,643 A.2d 1102, 1105 (1994); Pulcinello v. Consolidated Rail Corp., 784 A.2d 122, 124 (Pa. Super. 2001 ), alloc. denied, 568 Pa. 703, 796 A.2d 984 (2002). -5- 24. In this instance, all the material terms of the bargain have been agreed upon, the terms have been memorialized in the exchange of correspondence by the parties' counsel, and the terms are sufficiently definite to be enforced. 25. The Court should, therefore, enter an order confirming the settlement agreement; and compelling Respondents to comply with the terms set forth in exhibit "B" (quoted in paragraph 13 above), and to prepare (if necessary) and execute all instruments reasonably required to fully carry out the terms of the settlement, within thirty (30) days or such time period as the Court may direct. 26. The concurrence of Respondents' counsel in this petition has not been sought per C.C.R.P. 206-2(c) (as made applicable by C.C.O.C.R. 3.2-1) because he has not been responsive to previous communications, as set forth above. WHEREFORE, Petitioner respectfully requests that a rule be issued upon Respondents, directing them to show cause why the Court should not enter an order: (a) Confirming the settlement agreement; (b) Compelling Respondents to comply with the terms set forth in exhibit "B" (quoted in paragraph 13 above), and to prepare (if necessary) and execute all instruments reasonably required to fully carry out the terms of the settlement, within thirty (30) days or such time period as the Court may direct; and -6- (c) Granting such other and further relief as the Court deems fair and just under the circumstances. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Dated: May 9, 2003 BY~- on Id . Lewis III Attorney 1.0. #58510 Elyse E. Rogers Attorney 1.0. #41274 210 Walnut Street P.O. Box 11963 Harrisbu rg, P A 17108-1963 (717) 255-8038 and (717) 612-5801 Attorneys for Petitioner -7- VERI FICA TION The undersigned, Elyse E. Rogers, hereby verifies and states that: 1. She is an attorney at law, duly licensed to practice law in the Commonwealth of Pennsylvania, and she is one of the attorneys of record for Beverly A. Wendekier, Personal Administrator of the Estate of Leopold J. Wendekier, deceased; 2. She is authorized by the Personal Administrator to verify the foregoing petition to enforce settlement agreement; 3. The facts set forth in the foregoing petition to enforce settlement agreement are known to her and not necessarily to her client; 4. The facts set forth in the foregoing petition to enforce settlement agreement and are true and correct; and 5. She is aware that false statements herein are made subject to the penalties of 18 Pa. C. S. 9 4904, relating to unsworn falsification to authorities. Dated: May g', 2003 EXHIBIT A HEATH L. ALLEN N. DAVID RAHAL CHARLES W. RUBENDALL II ROBERT L. WELDON EUGENE E. PEPINSKY, ..JR. ..JOHN H. ENOS m GARY E. FRENCH DONNA S. WELDON BRADFORD DORRANCE ..JEFFREY S. STOKES ROBERT R. CHURCH STEPHEN L. GROSE R. SCOTT SHEARER WAYNE M. PECHT ELYSE E. ROGERS CRAIG A. LONGYEAR DONALD M. LEWIS m BRIDGET M. WHITLEY ..JOHN A. FEICHTEL ANN McGEE CARBON ELIZABETH ..J. GOLDSTEIN BARBARA A. GALL STEPHANIE KLEINFELTER KEEFER WOOD ALLEN & RAHAL, 415 F" ALLOWF"IELD ROAD, SUITE 301 CAMP HILL. PA 17011-4906 L L P ESTABLISHED IN 1878 OF COUNSEL: SAMUEL C. HARRY PHONE: 717-612-5800 FAX 7/7-612-5805 HARRISBURG OFFICE: 210 WALNUT STREET HARRISBURG, PA 17101 EIN No. 23-0716135 WWW.keeferwood.com PHONE 717-255-8000 November 15, 2002 717-612-5801 erogerS@keeferwood.com Mark R. Wendekier, Esquire 306 Magee Avenue Patton, PA 16668 Re: Estate of Leopold J. vVendekier. Deceased Dear Mr. Wendekier: I am writing to you in the hopes that, at long last, matters pertaining to your grandfather's estate can be resolved. I had written to your father repeatedly providing him with information with regard to the estate, but never had the courtesy of a response from him. The action for partition would not have been filed had communication been forthcoming. I understand that you have filed preliminary objections to the accounting. Donald Lewis of our Harrisburg Office is handling that aspect of the matter. However, you should be aware that the Orphans' Court in Cumberland County has previously held that preliminary objections are not permitted in the Orphans' Court and has in the past struck preliminary objections to Orphans' Court petitions. If you review the applicable Orphans' Court Rules, you will see that preliminary objections are not a pleading permitted by the these rules. On a substantive basis, we believe venue and jurisdiction to be proper in Cumberland County. You may wish to refer to Earley, Incompetent, 12 Fid. Rep.2d 261 (C.P. Chester, O.e.D. 1992) and Esposita v. Peden, 9 D.&C.3d 712 (C.P. Somerset 1978). You might also review 10 Pa. C.S.A. ~ 721(1), providing that with respect to a decedent's estate, venue for all purposes is in the county where the letters are granted to the personal representative. Mark A. Wendekier. Esquire November 15, 2002 Page 2 As I once told your father, it was never Beverly's desire to be involved in administering this real estate. It appears, based on the inheritance tax return which I had previously provided to your father, that his entitlement to the estate and that of his siblings in the aggregate has a value of approximately $15,760. The value of the real estate, depending on the discounts claimed, appears to be between $38,250 and $28,687. Obviously, this figure is far in excess of your father, aunt and uncle's entitlement to your grandfather's estate. The issue is exacerbated by the fact that it is from Beverly's share of the estate, in essence, that the expenses of administering the estate and the inheritance tax on what your father and his siblings will receive have been paid. Beverly is willing to relinquish any right she has in the real estate, assuming that her expenses are not materially increased thereby. To that end, I propose the following: 1. That you or your father prepare a fiduciary deed for our review and signature, whereby Beverly will transfer the estate's interest in the real estate equally to your father, his brother, and his sister. 2. That you prepare a document to be executed by your father, his siblings, and your grandmother, which, upon execution, will completely release Beverly, individually and as administrator of your grandfather's estate, from all potential claims or other obligations. 3. That fairness and equity indicate that Beverly should be reimbursed for her costs in connection with this matter. This would include reimbursement for the inheritance tax paid, as well as a portion of the estate's legal fees. Finally, I asked your father several times for guidance on stock which is still owned in the names of your grandfather and grandmother. This stock had a value, as of your grandfather's date of death, of approximately $1,000, or $500 for each of them. I asked your father for guidance on whether this stock should be sold so that the money can be di,-ided between your grandmother and your grandfather's estate, or whether the stock should be re-registered and divided equally between your grandfather's estate and your grandmother. Your father never responded to me on this point, and I would appreciate a response on this relatively minor matter. Mark A. vVendekier, Esquire November 15, 2002 Page 3 In summary, Beverly is willing to make a substantial gift to your father and his siblings. All she is asking, and all she has ever asked, is for cooperation and communication, which have not been forthcoming. Perhaps with your involvement in this situation, this matter can be rectified and the estate closed. I look forward to hearing from you. lmg cc: Beverly Wendekier Donald M. Lewis, III, Esquir~ Sincerely yours, ~og[~> EXHIBIT B 04-~0-za03. 09: 16 7176125805 FROM-KEEFER,WQOD,ALLEN_'_RAHAL 71761 ZS80S T-8Z1 P.007/010 F-767 . DEe 0 5 2002 THE LAW OFFICE OF RAYMOND J. WENDEKIER RAYMOND J. WENDEKlER MARK R. WENDEKlER 306 MAGEE AVENUE PAYTON, PENNSYLVANIA 16668 TELEPHONE: (814)674-5991 FACSIMILE: (814)674-5992 December 2, 2002 Ms. Elyse E. R.ogers Keefer, W oo~ Allen and Rahal, LLP 415 Fallowfield Road, Suite 301 Camp Hill, Pennsylvania 17011-4906 Dear Ms. Rogers, Thank you for your letter dated Xovember 15,2002. In response, all my clients are willing to resolve the matter amicably in accordance with the following terms: 1. My clients will reimburse Beverly for all inheritance taxes paid by her and which are attributable to the property at 101 Linwood Avenue, Patton, Pennsylvania 16668. 2. My clients will reimburse Beverly for all inheritance taxes attributable to the stock and paid by Beverly. 3. My clients will reimburse Beverly for all fees paid to you, provided such sums are in accordance with the sum set forth on the inheritance tax return. 4. Beverly will transfer all right, title and interest which the estate has in and to the property at 101 Linwood Avenue, Patton, PennsylVania 16668 to my father and his siblings. I will prepare and record the fiduciary deed at no cost to you or Beverly. 5. The stock will be liquidated, and all sums attributable to my clients will be applied to whatever sums are owed to Beverly for reimbursement. 6. My clients will execute a release which releases Beverly, individually and as administrarix, from all potential claims and obligations. I will prepare the release at no cost to you or Beverly. /~' BY: ___ M R. 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OOeS.2J9.LI~ 3NOHd 906v-IIOLI 'lfd 'T1IH c:lW'If:) IO€ :iJ.lns 'CVO~ C'~I~MO"V..::l SIt>- c::lll '1V'HVCf ':s> N:a"V' OOOM ~::I~3:3}f eLel NI c3Hsr,eVJ..s3 494-~ OIO/SOO'd iZ8-l S08SZ 19414 'YHY~-'-N3"Y'aOOM'~3~33~-nO~~ sl0SSOC:19L.lL. S l: 60 . EO.OZ-OE-vO a.msopu:[ 01906 sP::>1 9J s'a2~ lasAl3 ~~ f~~lL . am neo as'Bald 'suo~~sal"lb au'B aA-e't{ noaJI '.Ia~'-et1t S!ltl 't{~HM aOUBfs!9S'B .mOA .roJ nOA J[trnt{J. 6 a8~d 600Z 'L I .raqma::>aa a~bS:I '.Ia~:lTapua.M. 'R JI.I'BW :: . . 19l-~ OlO/900'd lZB-! 50B5Z19111 'VHV~-'-N3"V'QOOM'~3~33~~O~~ !;08!;219L.lL. 9l : 60' EOOZ-OH'O a ~I8IHX3 04-30-2003 09:15 7176125805 FROM-KEEFER ,WOOD ,ALLEN_'_RAHAL T-821 P.00'/010 F-767 . HI!:ATH 1... ALLEN N DAVIe I'lAHAL. CHARLES w. RUBENDALL II RoeERT 1... WELDON EUGE:NE: E. PEPI"'SKY. .JR. .JOMN H. ENosm GARY E. F'AE:NCH eONNA $. WELDON BRADFORD DORRANCE .JE:I"I"R EY S. S'l'OK&$ ROSERT R. CHURCH STE~HE:N 1... GROSE R. SCOT"!' SHEARER WAYNE M. PECI'1T ELYSE: E. ROGEAS CRAIG A. LONGT&AI'I CONALD M. l-EWI5::tD: BRIDGE'r M. WIolITLEY .JOI-4N A. FEICHTE:L- ANN Mccn::e: CAReON 1!:L.JZASETM .J. GOl-OSTEIN BAI'ISARA 1\. GI\LL STEPHANIE KLEINF"EL. TER 7176125805 KEEF"ER WOOO ALL.EN & RAHAL, 415 F ALLOWF'IELO ~OAO. SUITE 301 CAMP HILL. PA 1701/-4906 L. LP ESTASl..lSHEtllN 1678 01" COUNSEL: SAMUEL e. HARRY PHONE: 717~SJ2-!5800 FAX 717-6Ia-5805 HARRISBURG OFFICE:: 210 WALNUT STREET HI\I'tRISBuAG. ~A !7101 ~IN No. 23-0716135 WWW.ke.forwood.com ~HONE: 717-255-8000 January 23, 2003 717-612-5801 t'ro2er~@kectcrwond .COm Mark R. Wendekier, Esquire 306 Magee Avenue Patton, PA 16668 Re: Estate. of Leopold J. Wendekier Dear Mr. Wendekier: This is a follow-up to my letter of December 17, 2002. I have received no response from you. Could I please have a response? We would very much like to finalize matters pertaining to your grandfather's estate. g;.I'~ lmg cc: Beverly vVendekier EXHIBIT D 04-30-2003 09:15 7176125805 FROM-KEEFER,WQOO,ALLEN_'_RAHAL T-821 P.003/010 F-767 .. . HEATH L ALLEN N. OA"IO RAMAl.. CHARLes W. RUBEND....LL IJ: ROBERT 1... WELDON EUGENE E. PEPINSl<Y, ..JFt "'O~N H. ENOSm GARY E. F'RENCH DONNA S. WELOON BFlADF"OFlD OORRANCE "'EF"F"REY $. STOKES ROBERT R. CMUFlCH S'rE"'MeN l... GROSE R. SCOTT SHEARER WAYNE M. PECHT E:L YSE: E. ROGERS CRAIG A. LONGVE:AR OONAI.O M. LEWIS m BRIDGET M. WHrTL.EY ..JOHN ..... F"EICMTEL. ANN MCGEE CAReON IEa.IZ....eE:TM ..J. GOL.OSTEIN BARBAR.... A. GALL STEpHANIE KLElNFEL. TE:R T1 761 25805 . KEEF'ER WOOD ALLEN & RAHAL, 415 F ALLOWFIELO ROAO, SUITE 301 CAMP HIL~ PA 17011-4906 PHONE 717-612-5600 FAX 7'''-612-5805 L L P EST....BLlS..E:O IN 1876 OF COUNSEl.; SAMUI!:l.. e. H....RRY HAFlRI$I!IURG OF'FICE: 210 WAI.HUT STREET H....RRISBURG. PA 17101 EIN No. 23-0715135 WWW.kllllferwOOd.com fj2::25' 2003 "HONE 717-2$5-8000 717 -612-5801 el'l)l:crbliilkeefel'wood.COm VIA FACSIMILE & FIRST CLASS MAIL Mark R. Wendekier, Esquire 306 Magee Avenue Patton, PA 16668 Re: Estate of Leopold J. \Vendekier Dear Mr. Wendekier: This is a follow-up to my letters of December 17, 2002 and January 23, 2003. You left a voice mail for me on February 10, indicating you would send out all documents by the end of that week, i.e., by February 14. It is now February 25 and I have yet to receive anything from you. Need I say I am very disappointed? Please cooperate with us in getting your grandfather's estate closed. . Rogers lmg cc: Beverly Wendekier EXIBIT F 04-30-20J3 09:15 7176125805 FROM-KEEFER,WQOD,ALLEN_'_RAHAL . ~} , F-767 HEATH I.. ALLEN N. DAVID RAHAL CHARL.ES W. AUBe:NDALL~ FlOBEAT L. WELDON EUGENE E. PEPINSKY. .JR. .JOHN M. ENOS m GARY E. .RENCH DON"'lA S. WEI.CON BRADFORD DORRANCIl: .JE:FFREY S. STOKES ROBERT R. CHURCH STE:"'HEN I.. GROSE: R. SCOTT SHEARER WAYNE: M. PECHT E:L.YSE E. RDGERS CRAIG A. 1..0NGYI!:AFl DONALD M. LEWISm BRIDGET M. WMITL.EY JOi'1N A. FEICHTEL ANN Mc;GEE CARBON ELIZABETH .J. GOL-OSTEIN BARBARA A. GAI.L. S"rEPHANIE KLEINFEL~ 7176125805 T-821 P002 , ~. KEEFER WOOO ALLEN & RAHAL, 415 F ALLOWFIELO ROAC. SUITE 301 CAMP HILL. PA 17011-4906 L L P ESTABLISHED IN IS78 01" COUNSEL: SAMUEL C. HARRY PHONE 717-612-5800 FAX 7174612-5805 HARRISBURG OFFICE: ZIO WALNUT STREET ,","RRIS6URG. p" 17101 EIN NO. 23-071613S www.lcelterwooa.GOm PHONE 717-255-8000 l\tlarch 21, 2003 717-612-5801 t!roll:eT~kp.eferwood.com Mark R. Wendekier, Esquire 306 Magee Avenue Patton, P A 16668 Re: Estate of Leopold J. Wendekier Dear Mr. Wendekier: Why do I feel like I am throwing myself against a brick wall? I really thought we were close to resolving this matter. Could you please provide me with a status report? Sincerely YOUl"S, ~~~ lmg cc; Beverly Wendekier . ' . - .. . CERTIFICATE OF SERVICE I, Donald M. Lewis III, Esquire, one of the attorneys for Beverly A. Wendekier, Personal Administrator of the Estate of Leopold J. Wendekier, deceased, hereby certify that I have served the foregoing paper upon counsel of record this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Mark R. Wendekier, Esquire Law Office of Raymond J. Wendekier 306 Magee Avenue Patton, PA 16668 Dated: May 9,2003 KEEFER WOOD ALLEN & RAHAL, LLP BY~ on . Lewis III t nc: ,- _.~ -. ro :3~ 0' c' .' IIIS~.O ~v~ . 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No. 2001-00807 Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate. 1. State whether administration of the estate is complete: Yes No X 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: December. 2003 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 No b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? Yes _ 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. ~ - -- -~ 2L?~ Signatu~ Date: (9..;t6-O-~ o ~';J '-D Elvse E. Rog-ers. Esauire Name (please type or print) .- ~ ::s -:J :) ~- -',J .'i~~ - -- .. - ;'.I+, ...~ :..)6 415 Fallowfield Road. Suite 301 Address t"'"'\ P Camp Hill. PA 17011 (717) 612-5801 Telephone Capacity: _ Personal Representative X Counsel for Personal Representative (l; JUL 11 l003 r In re: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF LEOPOLD J. WENDEKIER, DECEASED NO. 2001-0807 ORPHANS' COURT DIVISION ~ ORDER AND NOW, this ~ day of , 2003, upon consideration of the petition by Beverly A. Wendekier, persona ministrator of the above-referenced Estate, to enforce a settlement agreement, which petition Respondents have failed to answer within the time period directed by the Court and which is thereby deemed to be unopposed, IT IS HEREBY ORDERED: (a) That the settlement agreement, whose terms are set forth in the letter from Respondents' counsel dated December 2, 2002 (exhibit "B" to the petition), is confirmed; and (b) That Respondents Eleanor Black, Raymond Wendekier, Frederick Wendekier, and Marion K. Wendekier are directed to comply with the terms set forth in said letter from their counsel, and to prepare (if necessary) and execute all instruments reasonably required to fully carry out the terms of the settlement, within~ days of the date of this Order. .., ,: . ? :~ 8 ('~; ( L.. c: . ~ BY THE COURT: v .z::". J. In re: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF LEOPOLD J. WENDEKIER, DECEASED NO. 2001-0807 ORPHANS' COURT DI\l.tSJON ;-.1 ~:::..'" :;.:...;. (; 8 ::n ,,"'l. ? ~_..;; ~.~ (-1'. PETITION TO MAKE RULE ABSOLUTE L c:::: I o TO THE HONORABLE JUDGES OF THE SAID COURT: C:J NOW COMES petitioner, Beverly A. Wendekier, personal administ~or of the Estate of Leopold J. Wendekier, deceased ("Petitioner"), through her counsel, Keefer Wood Allen & Rahal, LLP, and respectfully states as follows: 1 . On or about May 12, 2003, Petitioner filed a petition to enforce a settlement agreement entered into between Petitioner, in her fiduciary capacity as personal administrator of the Estate of Leopold J. Wendekier, deceased, and Respondents, who consist of Decedent's three (3) adult children and the Decedent's former spouse. 2. On May 15, 2003, pursuant to an Order issued by the Court, a rule was issued upon Respondents to show cause, by filing an answer within twenty (20) days of service of the rule, why Petitioner is not entitled to the relief requested in her petition. A true and correct copy of the Rule is attached hereto as exhibit "A." 3. As stated in the petition, Petitioner requests an order enforcing a settlement whose terms are set forth in a letter from Respondent's counsel dated December 2, 2002, exhibit "B" to the petition. (For ready reference, a copy of said letter is also attached to the instant petition as exhibit "8.") In re: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF LEOPOLD J. WENDEKIER, DECEASED NO. 2001-0807 ORPHANS' COURT DI'it$lON :-,,1 ~::_.w :.:.,;,;, k": .-., C'" ~ d w PETITION TO MAKE RULE ABSOLUTE L c: r- o TO THE HONORABLE JUDGES OF THE SAID COURT: ~:..-::; ('-'"") '_." NOW COMES petitioner, Beverly A. Wendekier, personal administ~or of the Estate of Leopold J. Wendekier, deceased ("Petitioner"), through her counsel, Keefer Wood Allen & Rahal, LLP, and respectfully states as follows: 1 . On or about May 12, 2003, Petitioner filed a petition to enforce a settlement agreement entered into between Petitioner, in her fiduciary capacity as personal administrator of the Estate of Leopold J. Wendekier, deceased, and Respondents, who consist of Decedent's three (3) adult children and the Decedent's former spouse. 2. On May 15, 2003, pursuant to an Order issued by the Court, a rule was issued upon Respondents to show cause, by filing an answer within twenty (20) days of service of the rule, why Petitioner is not entitled to the relief requested in her petition. A true and correct copy of the Rule is attached hereto as exhibit "A." 3. As stated in the petition, Petitioner requests an order enforcing a settlement whose terms are set forth in a letter from Respondent's counsel dated December 2,2002, exhibit "B" to the petition. (For ready reference, a copy of said letter is also attached to the instant petition as exhibit "B.") 4. On May 16, 2003, certified copies of the Rule and Order re: petition to enforce settlement agreement were served upon Respondent's counsel of record, as confirmed by exhibit "c" hereto. 5. More than twenty (20) days have elapsed from the date of service, but no answer has been filed. 6. Accordingly, no fact issues have been raised that require resolution by the Court and the petition should be deemed to be unopposed. 7. The Rule should, therefore, be made absolute, and the Court should thereupon issue an order confirming and enforcing the settlement agreement, dated December 2,2002 (exhibit "B"). A proposed order is submitted herewith. WHEREFORE, Petitioner respectfully requests that the Rule dated May 15, 2003, be made absolute, and that the Court issue an order: (a) Confirming the settlement agreement, and (b) Compelling Respondents to comply with the terms set forth in exhibit "B" and to prepare (if necessary) and execute all instruments reasonably required to fully carry out the terms of the settlement, within thirty (30) days or such time period as the Court may direct. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Dated: July 9, 2003 By ~~. onal . Lewis III (10 #58510) Elyse E. Rogers (10 #41274) 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8038 and (717) 612-5801 Attorneys for Petitioner VERIFICATION The undersigned, Donald M. Lewis III, hereby verifies and states that: 1. He is one of the attorneys of record for Beverly A. Wendekier, Personal Administrator of the Estate of Leopold J. Wendekier, deceased; 2. The facts set forth in the foregoing petition to make rule absolute are known to him and not necessarily to his client; 3. The facts set forth in the foregoing petition are true and correct; and 4. He is aware that false statements herein are made subject to the penalties of 18 Pa. C. S. 9 4904, relating to unsworn falsification to authorities. ~. Dated: July 9, 2003 EXHIBIT A . . - IN RE: LEOPOLD 1. WENDEKIER, DECEASED IN THE COURT OF COMMON PLEAS ORPHANS' COURT DIVISION CUMBERLAND COUNTY, PENNSYLVANIA NO. 21-2001-0807 RULE WE COMMAND, you that laying aside all business and excuses whatsoever, you be and appear in your proper person before the Honorable Judges of the Court of Common Pleas, Orphans' Court Division at a session of the said Court there to be held, for the County of Cumberland to show cause why (1) a rule is issued upon the Respondents to show cause why the petitioner is not entitled to the relief requested: (2) Respondents shall file an answer to the petition within twenty (20) days of service upon Respondents: (3) the petition shall be decided under Pa. R. Civ. P. 206.7: (4) depositions shall be completed within 60 days of this date: (5) argument shall be held as needed; ( 6) notice of the entry of this order shall be provided to Respondents by the petitioner. Witness my hand an official seal of office at Carlisle, Pennsylvania, this 15th day of May. 2003. ,\ ~1 ~' " , ,n Clerk, Orphans' Court Division Cumberland County, Carlisle, PA My Commission Expires on the 151 Monday January, 2006 . '1(') 1) . V f i I~. ,j i /, /1 \ "\ r-_L~ ~( EXHIBIT B 04-30-Z003 09:16 7176125805 FROM-KEEFER,WQOD,ALLEN_'_RAHAL 71761Z5805 T-8Z1 P.007/010 F-767 DEe 0 [) 2002 THE LAW OFFICE OF RAYMOND J. WENDEKIER RAYMOND J. WENDEKIER MARK R. WENDEKlER 306 MAGEE AVENUE PATTON, PENNSYLVANIA 16668 TELEPHONE: (814)674-5991 FACSIMILE: (814)674-5992 December 2, 2002 Ms. Elyse E. Rogers Keefer, Wood, Allen and Rahal, LLP 4] 5 Fallowfield Road, Suite 301 Camp Hill, Permsylvarua 17011-4906 Dear Ms. Rogers, Thank you for your letter dated November 15,2002. In response, all my clients are willing to resolve the matter amicably in accordance with the following terms: I . My clients will reimburse Beverly for all inheritance taxes paid by her and which are attributable to the property at 101 Linwood Avenue, Patton, Pennsylvania 16668. ? My clients will reimburse Beverly for all inheritance taxes attributable to the stock and paid by Beverly. 3. My clients wiIl reimburse Beverly for all fees paid to you, provided such sums are in accordance with the sum set forth on the inheritance tax return. 4. Beverly will transfer all right, title and interest which the estate has in and to the property at 101 Linwood Avenue, Patton, Pennsylvania 16668 to my father and his siblings. I will prepare and record the fiduciary deed at no cost to you or Beverly. 5. The stock will be liquidated, and all sums attributable to my clients will be applied to whatever sums are owed to Beverly for reimbursement. 6. My clients will execute a release which releases Beverly, individually and as administrarix, from all potential claims and obligations. I will prepare the release at no cost to you or Beverly. . '~J BY. _____ MR.. ENDEKIER . EXHIBIT C In re: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF LEOPOLD J. WENDEKIER, DECEASED NO. 2001-0807 ORPHANS' COURT DIVISION CERTIFICATE OF SERVICE I, Donald M. Lewis III, Esquire, one of the attorneys for Beverly A. Wendekier, Personal Administrator of the Estate of Leopold J. Wendekier, deceased, hereby certify that I served certified copies of the rule to show cause and order re: petition to enforce settlement agreement upon counsel of record this date by depositing true and correct copies of the same in the United States mail, first-class postage prepaid, addressed as follows: Mark R. Wendekier, Esquire Law Office of Raymond J. Wendekier 306 Magee Avenue Patton, PA 16668 Dated: May 16, 2003 KEEFER WOOD ALLEN & RAHAL, LLP \.Q c;? f'.J c: By 0\ >- = :L ~~ ,-'; ct:..!- M P - >= ,jJ = :JC5 . CERTIFICATE OF SERVICE I, Donald M. Lewis III, Esquire, one of the attorneys for Beverly A. Wendekier, Personal Administrator of the Estate of Leopold J. Wendekier, deceased, hereby certify that I served the foregoing paper upon counsel of record this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Mark R. Wendekier, Esquire Law Office of Raymond J. Wendekier 306 Magee Avenue Patton, PA 16668 Dated: July 9,2003 KEEFER WOOD ALLEN & RAHAL, LLP ~ By onal . Lewis III ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN THE MATTER OF THE EST ATE OF LEOPOLD J. WENDEKIER, DECEASED, I I FILE NO. 2001-0807 I I I IORPHAN'S COURT DIVISION I I I RELEASE. SETTLEMENT AND REIMBURSEMENT AGREEMENT I, RAYMOND J. WENDEKIER, the undersigned heir of LEOPOLD J. WENDEKIER, for and in consideration ofthe ADMINISTRATRIX, BEVERLY A. WENDEKIER, remising, releasing and quitclaiming all the Estate's and, as well as her individual right, title and interest in an to the property located partly in Patton Borough, Cambria County, Pennsylvania, and partly in East Carroll Township, Cambria County, Pennsylvania, which is known as 101 Linwood Avenue, Patton, Pennsylvania 16668, to me and my sister, ELEANOR BLACK, and my brother, FREDERICK J. WENDEKlER, and as full and complete settlement of the division ofthe assets of the above referenced Estate, do hereby agree to jointly and severally, together with my mother, MARIAN K. WENDEKIER, my sister, ELEANOR BLACK, and my brother, FREDERICK J. WENDEKIER, to: 1. Reimburse Beverly A. Wendekier for all inheritance taxes paid by her and which are attributable to the Property known as 101 Linwood Avenue, Patton, Pennsylvania. 2. Reimburse Beverly A. Wendekier for all inheritance taxes paid by her and which are attributable to the stock. 3. Reimburse Beverly A. Wendekier for fees paid to Keefer, Wood, Allen & Rahal, LLP, to administer the Estate as such fees are set forth on the inheritance tax return. 4. Pay all delinquent, past due, and current real estate taxes due on the property known as 101 Linwood Avenue, Patton, Pennsylvania 16668. 5. Release Beverly A. Wendekier, individually and as Administratrix, from all potential claims and obligations arising from her handling of the Estate. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 11ih. day of August, 2003. ~ll,^J!Mr RA OND. ENDEKIER <'":} >J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN THE MATTER OF THE EST ATE OF LEOPOLD J. WENDEKIER, DECEASED, I I I I I N IORPHAN'S COURT DIVISION C::, I I I RELEASE. SETTLEMENT AND REIMBURSEMENT AGREEMENT -..-.... .", ~. \ . FILE NO. 2001-080T:: Co \..,' I, ELEANOR BLACK, the undersigned heir of LEOPOLD J. WENDEKIER, for and in consideration of the ADMINISTRATRIX, BEVERLY A. WENDEKIER, remising, releasing and quitclaiming all the Estate's and, as well as all her individual right, title and interest in an to the property located partly in Patton Borough, Cambria County, Pennsylvamia, and partly in East Carroll Township, Cambria County, Pennsylvania, which is known as 101 Linwood Avenue, Patton, Pennsylvania 16668, to me and my brother, RAYMOND J. WENDEKIER, and my brother, FREDERICK J. WENDEKIER, and as full and complete settlement of the division of the assets of the above referenced Estate, do hereby agree to jointly and severally, together with my mother, MARIAN K. WENDEKIER, my brother, RAYMOND J. WENDEKIER, and my brother, FREDERICK J. WENDEKIER, to: 1. Reimburse Beverly A. Wendekier for all inheritance taxes paid by her and which are attributable to the Property known as 101 Linwood Avenue, Patton, Pennsylvania. 2. Reimburse Beverly A. Wendekier for all inheritance taxes paid by her and which are attributable to the stock. 3. Reimburse Beverly A. Wendekier for fees paid to Keefer, Wood, Allen & Rahal, LLP, to administer the Estate as such fees are set forth on the inheritance tax return. 4. Pay all delinquent, past due, and current real estate taxes due on the property known as 101 Linwood Avenue, Patton, Pennsylvania 16668. 5. Release Beverly A. Wendekier, individually and as Administratrix, from all potential claims and obligations arising from her handling of the Estate. IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~day of August, 2003. ~~~ ELEANOR BLACK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN THE MATTER OF THE ESTATE OF LEOPOLD J. WENDEKIER, DECEASED, I I I I I 1'0 IORPHAN'S COURT DIVISION ,-. I I I -- C:: RELEASE. SETTLEMENT AND REIMBURSEMENT AGREEMENT FILE NO. 2001-080Y r -''''''. I, MARIAN K. WENDEKIER, the former spouse of the DECEASED, LEOPOLD J. WENDEKIER, for and in consideration of the ADMINISTRATRIX, BEVERLY A. WENDEKIER, remising, releasing and quitclaiming all the Estate's and, as well as all her individual right, title and interest in an to the property located partly in Patton Borough, Cambria County, Pennsylvamia, and partly in East Carroll Township, Cambria County, Pennsylvania, which is known as 101 Linwood Avenue, Patton, Pennsylvania 16668, to my son, RAYMOND J. WENDEKIER, my daughter, ELEANOR BLACK, and my son, FREDERICK J. WENDEKIER, and as full and complete settlement of the division of the assets of the above referenced Estate, do hereby agree to jointly and severally, together with my son, RAYMOND J. WENDEKIER, my daughter, ELEANOR BLACK, and my son, FREDERICK J. WENDEKIER, to: 1. Reimburse Beverly A. Wendekier for all inheritance taxes paid by her and which are attributable to the Property known as 101 Linwood Avenue, Patton, Pennsylvania. 2. Reimburse Beverly A. Wendekier for all inheritance taxes paid by her and which are attributable to the stock. 3. Reimburse Beverly A. Wendekier for fees paid to Keefer, Wood, Allen & Rahal, LLP, to administer the Estate as such fees are set forth on the inheritance tax return. 4. Pay all delinquent, past due, and current real estate taxes due on the property known as 101 Linwood Avenue, Patton, Pennsylvania 16668. 5. To Execute documents necessary to complete liquidation of the stock ofNL INDUSTRIES. 6. Release Beverly A. Wendekier, individually and as Administratrix, from all potential claims and obligations arising from her handling of the Estate. IN WITNESS WHEREOF, I have hereunto set my hand and seal this \ \ ~ day of August, 2003. ~~~. . ?}/J?t1 /l / .fll4/1- MARIAN K. WENDEKIER AUG-12-200S TUE 18:28 ID: TEL. P,I2I1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANIA ORPHANS' COURT DIVISION IN THE MATTER OF THE EST ATE OF J,EOPOLD J. WENDEKlDR, DECEASED, I I I I I IORPHAN'S COURT DIVISION I I I RELEASE. SETI'I.EMENT AND REIMBURSEMENT AGREEMt:NT -r-., ,'-. ., --- e~; FILE NO. 2001-080? ~; 1_, ~ , I, FREDERICK J. WENDEKIER, the undersigned heir of LEOPOLD J. WENDEKtER, for aod in consideration of the ADMINISTRATRIX. BEVERLY A. WENOEKIER, remising, releasing and quitclaiming all the Estate's and, 815 well as all her individual right, title and interest in an to the property located partly in Patton Borough, Cambria County, Pennsylvamia, and partly in East Carroll Township, Cambria County, Pennsylvania, which is known as 101 Linwood Avenue, Patton, Pennsylvania 16668, to me and my sister, ELHANOR BLACK, and n\y brother, RAYMOND J. WEl'oI'DEKTER, and us full and complete KettlcmCl1t of the division of the assets of the above referenced Estat.e, do hereby agree to jointly and severally, together with my mother, MARIAN K. WENDEKlER; my sister, ELEANOR BLACK, and my brother, RAYMOND 1. WENDEKIER, to: 1. Reimburse Beverly A. Wendckier for aU inheritance taxes paid by her and which are attributable to the Property known as 101 Linwood Avenue, Patton, Pel1nsylvania. 2. Reimburse Beverly A. Wel'ldekier for all inheritance taxes paid by her and which arc attributablo to the slock. 3. Reimburse Beverly A. Wendckier fdr fees paid to Keefer. Wood, Allen & Rahal, LLP, to administer the Estate as such fees are set forth on the inheritance tax return. 4. Pay all delinquent, past due. and current real estate taxes due on the property known as 101 Linwood Avenue, Patton, Pennsylvania 16668. 5. Release Beverly A. Wcndekier, individually and as Administratrix, trom all potential cl.aims nnd obligations arising from her handling ofthe Estate. IN WITNESS WHEREOF, 1 have hereunto set my hand and seal this \2\'\Aday of August, 2003. ~MltMJu~\U~ FREDERICK J. NDEKIER QJj oh STATUS REPORT UNDER RULE 6.12 Name of Decedent: Leopold J. Wendekier Date of Death: Julv 30. 2001 Will No. Admin. No. 2001-00807 Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate. 1. State whether administration of the estate is complete: Yes -L 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 No~ b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? Y es ~ 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: 9 ....- 30 -() 5 Elvse E. Roe:ers. Esauire Name (Please type or print) 415 Fallowfield Road. Suite 301 Address Camp Hill. PA 17011 (717) 612-5801 Telephone Capacity: _ Personal Representative X Counsel for Personal Representative REV-1500 EX + (6-00) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE DEPT. 280601 HARRISBURG, PA 17128-0601 DECE- DENT CHECK APPRO- PRIATE BLOCKS COR- RE- SPON DENT RECA- PITULA- TION OFFICIAL USE ONLY REV-1500 /"?_ L/_/ INHERITANCE TAX RETURN RESIDENT DECEDENT FILE NUMBER 21 2001 0807 COUNTY CODE YEAR NUMBER DECEDENT'S NAME (LAST, FIRST, AND MIDDLE INITIAL) SOCIAL SECURITY NUMBER Wendekier, lea ld J. DATE OF DEATH (MM-DD-YEAR) DATE OF BIRTH (MM-DD-YEAR) 07/30/01 04/17/1919 (IF APPLICABLE) SURVIVING SPOUSE'S NAME (LAST, FIRST, AND MIDDLE INITIAL) Wendekier, Beverl A. 191-18-3311 THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS SOCIAL SECURITY NUMBER ~ 1. Original Return 4. Limited Estate 6. Decedent Died Testate (Attach copy of Will) 9. Litigation Proceeds Received 3. Remainder Return B (date of death prior to 12-13-82) 5. Federal Estate Tax Return Required 8. Total Number of Safe Deposit Boxes O 11. Election to tax under Sec. 9113(A) (Attach Sch 0) ~ 2. Supplemental Return 4a. Future Interest Compromise (date of death after 12-12.82) 7. Decedent Maintained a Living Trust (Attach a copy of Trust) 10. Spousal Poverty Credit (date of death between 12-31-91 and 1-1-95) {fijJ$~ij:MQ$tijW:pQMt#tiTiW.:i4iilipQijijij~.ijgt~:@Q.ijfi~OO\ii4ftAKmf9RjitjQij:iH.QViiiii]llR$mp!tQ; NAME El e E. R ers, Es re FIRM NAME (If Applicable) Keefer Wood Allen & Rahal, LLP TELEPHONE NUMBER 717-612-5801 COMPLETE MAILING ADDRESS 415 Fallowfield Road, SUite 301 Canp Hill, PA 17011 1. Real Estate (Schedule A) 2. Stocks and Bonds (Schedule B) 3. Closely Held Corporation, Partnership or Sole-Proprietorship 4. Mortgages & Notes Receivable (Schedule D) 5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) 6. Jointly Owned Property (Schedule F) o Separate Billing Requested 28,687. 5ff' ::~ 1,450.35 None None OFFICIAL USE<:lNL Y R (1) (2) (3) (4) (5) 27,695.57 (6) None ::~ 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (Schedule G or L) (7) 74,060.60 8. Total Gross Assets (total Lines 1-7) 9. Funeral Expenses & Administrative Costs (Schedule H) (9) 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) (10) 11. Total Deductions (total Lines 9 & 10) 12. Net Value of Estate (Line 8 minus Line 11) 13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been rnade (Schedule J) 14. Net Value Subject to Tax (Line 12 minus Line 13) (8) 20,253.92 6,057.21 (11 ) (12) (13) 131,894.02 26,311.13 105,582.89 None (14) 105,582.89 SEE INSTRUCTIONS ON PAGE 2 FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, ortransfers under Sec. 9116 (a)(1.2) 89,821.74 X.O ~ (15) 16. Amount of Line 14 taxable at lineal rate 15,761.15 X.O 45 (16) 17. Amount of Line 14 taxable at sibling rate 0 . 00 X .12 (17) 18. Amount of Line 14 taxable at collateral rate 0 . 00 X .15 (18) 19. Tax Due (19) 20. ~ l~eKfi~~]f:tQijMe:jije:Qij~NQ!{ij~NpJ1fAf,Ui!vefi(RAMrrtd ::::<<:::Wi{'t:re$.QRi:ntOAW:$W$!fA4tQQ~ltlN$QNeAi!#:i':g.ANPRl!tGH~GKMAfR%k: H TAX COMPU- TATION o PA15001 0.00 709.25 0.00 0.00 709.25 NTF 29755 Copyright 2000 GreatlandlNelco LP - Forms Software Only . Estate of: Leopold J. Wendekier SUMMARY OF ALI..CC'A.TIONS TO BENEFICIARIES Taxable at lineal rate Eleanor Black Rayrrond Wendekier Frederick Wendekier . 5,253.71 5,253.72 5,253.72 15,761.15 21-2001-0807 PA REV-1500 EX (6-00) . . Page 2 Decedent's Complete A dress: STREET ADDRESS 4410 Royal Oak Road CITY \ STATE I ZIP Carrp Hill PA 17011 d Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) 2. Credits/Payments A. Spousal Poverty Credit B. Prior Payments C. Discount (1 ) 709.25 675.00 35.53 Total Credits (A + B + C) (2) 710.53 3. Interest/Penalty if applicable D. Interest E. Penalty Total Interest/Penalty (D + E) 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 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. A. Enter the interest on the tax due. B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. Make Check Payable to: REGISTER OF WILLS, AGENT (3) 0.00 (4) 1.28 (5) (5A) (5B) 1. Did decedent make a transfer and: a. retain the use or income of the property transferred; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b. retain the right to designate who shall use the property transferred or its income; . . . . . . . . . . . . . . . . . c. retain a reversionary interest; or. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d. receive the promise for life of either payments, benefits or care? .............................. 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? ................................................... 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? ........................................................ IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. Under penalties of perjury, I declare that I have examined this return including accompanying schedules and statements, and to the best of my knowle'dge and belief, it is true, correct and complete. Declaration 0/ preparer other than the personal representative is based on information of which re arer has an knowled e. SIG RE OF PERSON RESPONSIBLE FOR F G R RN D E ~ Yes No ~ I 8 ~ ~ o 17011 on or on use spouse [72 P.S. II 9116 (a) (1.1) (i)]. For dates of death on or after January 1, 1995, the tax rate is imposed on the net value of transfers to or for the use of the surviving spouse is 0% (72 P.S. Ii 9116 (a) (1.1) (ii)]. The statute does not ex:emot 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 if the surviving spouse is the only beneficiary. For dates of death on or after Juiy 1, 2000: The lax rale imposed on Ihe nel value of translers 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. 119116(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. Ii 9116(1.2) [72 P.S. % 9116(a)(1 )J. The tax rate imposed on the net value of transfers to orforthe use of the decedent's siblings is 12% [72 P.S. II 9116(a)(1.3)]. A sibling is defined, under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. o PA15002 NTF 29756 Copyright 2000 Greatland/Nelco LP - Forms Software Only . . Estate of: Leopold J. Wendekier 21-2001-0807 'The following person (s) are signing the return as representative (s) of the estate: Beverly A. Wendekier 4410 Royal Oak Road Camp Hill, PA 17011 EXHIBIT A REV-1502 EX + (1-97) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Leopold J. Wendekier SCHEDULE A REAL ESTATE FILE NUMBER 21-2001-0807 All real property owned solely or as a tenant In common must be reported at fair market value. Fair market value is defined as the price at which property would be exchanged between a willing buyer and a willing seller, neither being compelled to buy or sell, both having reasonable knowledge of the relevant facts. Real property which Is Jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM NO. DESCRIPTION VALUE AT DATE OF DEATH 1 1/2 undivided tenants in carrron interest in 101 Linwood Avenue, Patton, Pennsylvania owned jointly with decedent's ex-wife, M3.rion K. Wendekier Total value of property = $76,500 50% of $76,500 = $38,250 minus 25% for unmarketability discount = $28,687.50 28,687.50 7 CPA21 NTF 10904 Copyright Forms Software Only, 1997 Nelco, Inc. TOTAL (Also enter on line 1, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) 28,687.50 CO! te Appraisal Analysis - Summary Appraisal R. Property D..scrlptlon NIFORM RESIDENTIAL APPRAISAL REPORT File No. 01100003 Property Address \Q I Linwood e City Patton Sla'e P A Zip Code 16668 Legal Descrtptlon COllnty Cambria Assessor's Parcel No. 450353 Tax Year 2001 R.E. Taxes $ 2509 Special Assessments $ N/A : Borrower N/A Currenl Owner Lennold Wendekier Occupant: I -I Owner I T enanl I.x I Vacanl Property ng\1b appraised I X I Fea Simpia I leasehold Project Type \ \ PUD I I Condominium (HUDNA only) HaAS N/A /Mo. Neighborhood or Project Name Patton Borouoh Map Reference 45-19-100 Census Tract Sale Price S N/A Dale or Sale NI A Description and $ amount of loan charges/concessions to be paid by seller N/A lender/Ctien\ Keefer Wood Allen LLP Address 415 Fallowfield Road Camn Hill PA 17011 Appraiser Rlr.HARD 1. TnI-IN<:TnN Address 300 nrchard A venup A ltonna PA 16fi02 location U Urban ~ Suburban U Rural I P,..domin.nt Single family housing Prnent t.nd us. % Land use change Dover 75% 00 25-75% 0 Under25% occupancy PRICE AGE One FamIly ~ [X] Not likely [J Llka~ Built up $ (000) (yrs) Growth rate [J Rapid 00 Slable o Slow 00 Owner I1L- Low ~ 2-4fam - o In process Property values D Increasing [X] Slabla o D~lining o Tananl 150 High 100 Muffi-famlly _ To NI A Demandlaupp~ 0 Shortage [X] In balance Rover ,upply OOvecant(O-5%) _ PredomInant _ Cornmerdal Marketing time n Under 3 mos. r=xl 3-6 mos. Over 6 mos. n Vacanl (over 5%)55 65 Vacant 50 Note: R.~ and the f1Icl.J composffion of the neighborhood .,.. not .ppr.lul f.ctors. Neighborhood boundaries and characteristics: Neiohborhood includes the edoe of Patton Borouoh. The area is dissected bv Route 219. Factors thaI affect the marketabmly ot Ih. properties In Ihe nelghbomood (proximity 10 employment and amenities, employment slability, appeal 10 mar\let, elc.): : Patton is mostlv a bedroom communitv with emolovment centers in Ebensburo Johnstown and Altoona. New construction . is minimal and sales of existino homes are steady. . . . MarMt conditions In the subject neighbomood (\n<ludfng support for the abO\le condusions related to \he 'rend of property values, demand/supply, and marketing time - such a, data on competitive properties for sale In ,ha neighborhood, descnption of Ihe prevalence of sales and financing concessions, etc.): Marketino conditions in the area are averal!e with list to sell ratio at 94% and averal!e marketino times of 2 to 4 months. Suoolv aooears to be enual to demand. Project Infonn"lon for PUDs (If applicable) - Is'lhe developerlbuilder m control 0' the Home Owners' Association (HOA)? UYes LxJ No Approxhnate tolal number of units In the subject project N/A Approximate lolal number of unUs for sale In the subject project N/A . Describe common elements and recreational facilities: N/A Olmenslons Irreoular Shaned Topography Level Site area 8.2 Acres Comer La! Dves Lx] No Size Laroe Specific zoning dasslflcation and description Residential Shape Irregular Zoning compliance 00 Legal f;! legal nonconfnng (Grendfalhered use) U Illegal D - No zoning Drainage A veraoe Highest & best use as Improved'. X Presenl use Olher use (explain) Vlaw A veraoe Utilities Public Other err-slw Improvements Type Public Privale landscaping Fair Electricity [X] Street Macadam 00 0 Driveway Surface Macadam Ga. o Bottled Curb/gutter None 0 0 Apparent easemen1s None Water [X] Sidewalk Concrete 0 00 FEMA Spedal Flood Hazard Area U Ya. LxJ No Sanitary sewer ~ Street lights No R R FEMA Zone X Map Dale 2/22/99 StOffil sewer No Nley No FEMA Mep No. 420235 000 I C Comments (apparent adverse easements, encroachments, special assessments, slide areas, illegal or legal nonconforming zoning use, etc.): Open field in front of home. however most oround is wooded. At the time of insnection it was beino selectivelv cut. . GENERAL DESCRIPTION EXTERIOR DEscRIP'nON FOUNDATION BASEMENT INSULATION No. of Un\\s 1 Foundation Stone Slab No Area Sq. Ft. 2257 Roof _0 No. of Slorles 2 Exterior Walls Brick Crawl Space No % Finished 0% Celling __0 Type (Det.lAtt.) Detached Roof Sulface Slate Basement Full Ceiling Joists Walls _0 Design (Style) Enolish Tudor Gutte\'!. & OYm.pls. Conner/Aluminum Sump Pump No Wans Stone Floor _0 ExistinglProposed Existino Window Type Metal Casement Dampness Slight Floor Brick None 0 AQ!;l(Yrs.) 80 StormfScreens No Setuement No evidence Outside Entry Yes Unknown ==00 . Effective Age eYrs.) 75 Manufactured House No Infestation Not insnpcted ROOMS Foyer Uving Dining Kilchen Den Family Rm. Rec. Rm. Bedrooms "Balhs laundry Other Area Sq. FI. Ba.ement 2257 . level 1 I I I I I .5 2257 level 2 I 7 4.5 2257 Finished area .bove grade contains: 12 Rooms; 7 Bedroom(s); 4.50 Bath(s); 4514 Square Feet of GroS!. Uvi,ng Area INTERIOR Materials/Condition HEATING KITCHEN EQUIP. AnlC AMENITIES CAR STORAGE: . Floors PinelTile/Camet Type Steam Refrigerator 0 NOl1e 0 Fireplace(s) # 4 [X] None 0 Wells Plaster Fuel Oil Range/oven 0 Stairs 00 Patio Side -[X] Garage # of cars TrimlFlnlsh A veraoe Condition Poor Disposal 0 Drop Stair 0 Deck No 0 Attached 3 Car Bath Floor Tile COOLING Dishwasher 0 Scu\t\e 0 Porch Front \Xl Detached No Bath wainscot Ceramic Central No Fan!l-lood 0 Floor 00 Fence No 0 Built-In No Doors Solid Pine Olher No Microwave 0 Heated R Pool No 0 Carport No__ Condition N/ 11 WasherlDryer n Finished r Driveway Macadam AddiUonal fealures (special energy efficient Items, elc.): See addendum. . Condition of ihe Improvemenls, depreciallon (physical, functional, and exlemal), repairs needed, quality of construction, remodeling/additions, etc.: See addendum on ohvsical deoreciation. Functional obsolescence due to the lawe home and cost to heat. External obsolescence due to the inferior quality homes in the immediate area. Adverse environmental conditions (such a,. bul nol limited io. hazardous wastes, toxic substances, etc.) presenl In Ihe improvements, on ihe site. or in the Immediate vlcinlty of the subject property.: Asbestos board in basement ceiling. Freddill Mac Form 70 6-93 12CH. PAGE 1 OF2 Fannlll Mae Form 100.4 6-93 Johnston Realty, Inc. Valuation Secllon .. '... . : .:,..:: :.:, .. ::'.. Com_APpraisal Analysis - su~mary Appraisal Rei UNIFORM RESIDENTIAL APPRAISAL REPORT File No 01100003 ESTIMATED SITE VAlUE . . . . . . . . . . . . .....= $ 60 000 Comments on Cost Approach (such a.. source of co., estimate, . ESTIMATED REPRODUCTION COST-NEW-OF IMPROVEMENTS: .<<e value, square foot calculation and fo, HUO, VA and FmHA, the Dwelling 4.514 Sq.FI@$ 91.10 =$ 41 1.225 eslimated remaining economic life of Ihe proparty); The sit~ BSMT 2.257 Sq Ft@$ 16.44 = 37.1 05 is based on a review of recent land sales. Renroduction Patios. fireplaces = 20.000 cost of imnrovements was develoned with Marshall & Garage/Carport ~ Sq.FI@$ 26.50 = 14.469 Swift Cost Service and local cost data sunnlied bv T olal Estimated Cosl New =$ 482.799 contractors. Denreciation is based on the aoellife Less Physical Functional External method. Estimated remaininll economic life is 2-5 . Depreciation 386.000 I 24.000 I 48.000 '$ 458 000 I vears. Depreciated Value of Improvements .......... =$ 24 799 .As.is~ Value of Site Improvements =$ ]0000 INDICATED VALUE BY COST APPROACH 94 799 =$ 94 799 ITEM I SUBJECT COMPARABLE NO.1 COMPARABLE NO.2 COMPARABLE NO.3 10] Linwood Avenue 70 I Spang Street o I Ashcroft A venue RD #1 Box ]87 Address Patton Roarin" Snrino . Cresson Williamsburq Proximity to Subject 40 Miles 20 Miles kl5 Miles Sales Price $ N/A $ ] 90 000 $ 75 000 $ 144 000 Price/Gross Liv. Area $ [JI$ 43.08 [JI $ 28.41 [JI $ 46.45 [JI Data and/or Appraiser MLS/Office Files MLS/Office Files MLS/Office Files Verification Source VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION I ... (-) $ Adjustment DESCRIPTION I ... H $ Adjustment DESCRIPTION I... (-) $ Adjustment Sales or Financing Concessions Conventional Conventional Cash Date of Salemme 9/14/99 3/20/00 5/30/0 I Location Suburban Urban -28 500 Urban -20000 Suburban leaseholdlFee Simple Fee Simole Fee Simnle Fee Simnle Fee Simole Site 8.2 Acres 96' x 210' +30000 50' x 150' +30000 3 Acres +15000 View A veralle A veraae A veraae A veralle Design and Appeal udor Mansion Conventional Historic Quality of Construction Good Good Good Good Age 80 Years Similar Similar 200 Years Condition Poor Good -110000 veraae -30000 A veraae -70000 Above Grade Total Bdms: Baths Total: Bdms: Baths Tolal : Bdms: Baths Total: Bdms: Baths . Room Count 12 7 4.5 13 6 5 12 6 3 7 3 2.5 +12,000 Gross Living Area 4514 Sq. FI. 4410 Sq. FI. 2640 Sq. FI. +40 000 3100 Sq. FI. +20000 Basemenl & Finished Full/Unfinished Similar Similar Similar Rooms Below Grade Functional Utility A yeralle IA veraoe A veraoe IA yeralle . HeatlnglCooling Steam H.W. H.W. H.W. Energy Efficient Items IN/A IN/A iN/A IN/A Garage/Carport 3 Car 3 Car 3 Car 2 Car : +3000 Porch, Pallo, Deck, Porches Similar Similar Barn with Tack Room -10,000 Fireplace(s), etc. kl Firenlaces Fence, Pool. elc. IN/A Hot TubIPool -5 000 iN/A : IN/A Net Adj. (tolal) r l + Ixl. $ -113 500 I rxl . r l.: $ 20 000 I I + I xl. $ -30001 Adjusted Sales Price Gross 91.3% ross 1.6e+02% Gross 90.3% of Comparable Net -59.7% $ 76 500 Net 26.7% $ 95 000 Net -20.8% $ 114000 Comments on Sales Comparison (induding th_ subject property's compatibility 10 Ihe neighborhood. etc,): Your annraiser reviewed four years of home sales to determine a value for the subject. The sales used heln to indicate a value for the subject. Sale #1 is a larae mansion stvle home converted to a bed and breakfast. Mostlv remodeled. Sale #2 is a larae statelv home with new roof and nartial remodelino. Sale #3 is a larlle historic home mostlv remodeled. Sale # 1 would best comoare to the subiect. ITEM SUBJECT COMPARABI.E NO.1 COMPARABLE NO.2 COMPARABLE NO.3 Date, Price and Data lNone None None IN one Source, for prior sales IN/A N/A N/A IN/A within year of appraisal Public Records Public Records Public Records Public Records Analysis of any current agreement of sale. option, or listing of the subject property and analysis of any prior sales of subject and comparables within one year of Ihe date of appraisal: No agreement of sale with or option on subiect or com parables. INDICATED VALUE BY SALES COMPARISON APPROACH .... $ 76,500 INDICATED VALUE BY INCOME APPROACH (If Applicable) Estimated Market Rent $ l\J/A /Mo. x Gross Ren! Multiplier N/A = $ 1--1/A This appraisal is made LxJ .as Is. U subject to the repairs, alterations, Inspections or conditions listed below U subject to completion per plans and specificallons. Conditions of Appraisal: Well built home: however it needs remodeled. Final Reconciliation: My final reconciliation is based primarilv on the market analysis. which is supoorted by the cost approach. . The income approach was not used due to the limited use of single family dwellinlls as income properties. The purpose of this appraisal is to estimate the mar1cet value of the real property that is the subject of this report, based on the above conditions and Ule certification, contingent and Iimiling conditions, and mar1l:el value definition that are stated In the attached Freddie Mac Form 439IFannle Mee Fonn 10048 (Revised June 1993 ). I (WEI ,~MARKET VALUE. AS DEFINED. OF TNE REAl. PROPERTY THAT IS TNE SUBJECT OF THIS REPORT, AS OF J ulv 30 2001 (WHICH IS T . E .9L~ ,pold Wendekier) TO BE S 76.500 APPRAISER.. -;- / ~ ) SUPERVISORY APPRAISER (OHL Y If REQUIRED): Slgn_'ur// ') 7},- . ~ Signature DDld o Old Nol . Neme RICHAR ON Name Inspect Property Date Report Signed /Ot Ufuer 22 200 I Date Report Signed Slate Certification # GAh< 0245-L Sla'ePA Stale Certification # Slale Or State License # y Stale Or State License # Slate Freddie Mee Fonn 70 6-93 PAGE 2 OF 2 F.nnlll M.. Form 101).4 8-93 f I Property Address City Patton Cambria State P A Z;pCode 16668 Lender or Client P ADDITIONAL FEATURES The subject is a quality built home and at the time of its construction and soon after was a showplace in the Patton area. The exterior walls are three brick thick, the interior floors are a high quality tile in the hallways and baths, the crown molding is crafted plaster, and there are a minimum of four fireplaces throughout the home. The attic includes a walk-in cedar closet, and there is good closet space. CONDITION OF IMPROVEMENTS Adverse features would include the physical depreciation of the home. These would include the following: I) Slate roof should be replaced. 2) The original kitchen is in the home including the wall hung porcelain sink. This needs modernized. 3) The plumbing throughout the home is poor and all the bathrooms have the original fixtures. 4) The floors need refinished and carpeting is needed. 5) All the walls and ceilings need repairs. Note: See photo of living room. This is typical throughout the house due to plumbing leaks. 6) The wiring needed updated and new lines run throughout the home. 7) The furnace is an old steam boiler that needs replaced. The ceiling above it is an asbestos board that is falling apart. 8) Exterior trim is rotting and needs repairs. 9) Spouting is bad. 10) The grounds around the home need. cleaned up with hedges trimmed. Estimated cost to remodel home - $150,000.00 Johnston Realty, Inc. _ Johnston Realty, Inc. .. P.....O ADDENDUM: SUBJECT PR~RTY OwnerlBorrower: LEOPOLD WENDEKIER ESTATE Property Address: 101 LINWOOD AVE PATTON, PA 16668 Lender/Client: KEEFER WOOD ALLEN & RAHAL,LLP .;....-.;.. :ii.:~::'~:,:;:~ ,..'~~.:; .... File#: FRONT VIEW OF SUBJECT PROPERTY REAR VIEW OF SUBJECT PROPERTY STREET SCENE Printed Using Photograph-fl, SFREP, Inc.. 7423 Pic8rdy Ave. STE F., Baton Rouge, La 70808 504-766-0582 . Johnston Realty, Inc. . PHO ADDENDUM:GENERALPHOT~RAPHS File#: OwnerlBorrower: LEOPOLD WENDEKIER ESTATE Property Address: 101 LINWOOD AVE Lender/Client: KEEFER WOOD ALLEN & RAHAL,LLP PATTON, PA 16668 101 LINWOOD AVE PATTON LIVING ROOM 'it~~"i;,,"l~ '., F\::;:J,::,'I~.,. ~ . , . f- ..~.. ~. t,:---.;if.j.'f . i r~A. ..i-g~~t"l';, '0 ',:~ ~'l '. J ;..~;'- t I +....'" r -..''Z"J ~,.> : ':.'- -' <.~ ;llr1-; ~ ',;" ..,';if'~~1j'j f~;;~~~~ ~~.:l. .;.:t., ( ;~~' 11 ~'\"~ t .~. _, 'i- ." - I ':1 .... ""'O'1~"'- <eo:"', ....., ."; 101 LINWOOD AVE PATTON DRIVEWAY THROUGH WOODS , :r :,'~-:,:,... ::.-:-~ ~..._.; p-- .' _ ~- .~;:--l~ - 101 LINWOOD AVE PATTON OPEN FIELD IN FRONT OF HOME , . p~ ., , . ".,.j~ :Ii .~ "> '. - ~.f ""; 0:....' .. .1: ..:~ ';.<'" ~',-'-'.' ~.. Printed Using Photograph-It, SFREP, Inc., 7423 Picardy A't/f!I. STE F., Baton Rouge, La 70906 504-766-0582 Pro ert Address CII Patton Lender/Client Keefer Wood Allen LLP Coun Patio IS' 4' 14' !IVI Living Area First Floor 2257 Garage/Carport Attached Garage 546 ,.'\~:i,jf' . Cambria S' State PA Zi Code 16668 3' 9' 9' 1 ' 29' 4' .'E. . ","';';..:.t'>r'l~ ! 'Q~I:!A:TISN~EirAlU;~~'::ii'( 242 First Floor 10.0 X 4.0 = 19.0 X 9.0 = 18.0 X 4.0 = 34.0 X 5.0 = 66.0 X 18.0 = 67.5 X 3.0 = 69.0 X 4.0 = 30.0 X 2.0 " 7.0 X 3.0 " 14.0 X 4.0 = Total 40.0 171.0 72.0 170.0 1188.0 202.5 276.0 60.0 21.0 56.0 2256.5 94 ;;'VO-_'i_';;j~~*<<~,~. ....1' "." , " '~4~ldhan:l;J$tlohnlit8'n;i:"\; SKETCH-IT 1~eoo-sn-0872 Property Address City Patton lender or Client Cambria P Stale P A Zip Code 16668 EAST CARROll _ __T.9~N~1!!P_ _ _ _ _ _ _ _ _ _ ~ ___ .- ._..!!'.~.!. --.. - - -- - - - - - - - - - _.- - - - - - -- -.- . - - - - .- , ! I' I / 'De ..2"'( . i'~ "'-,,- ~ 'ill l"'~ \u." 4.S.tII_Z0Z 45 -18 TAX ASSRSS>>EN'f MAP COUNTY 011 CAMBRIA PENNSY1.VANIA ~~-==i:=:;::::r .- r ~ i L_,______w:_ _ \ ..r' i \ i' r . i 1-~-1 I I \ . I I I, J r '1 " I I "'. - . ~-.--=--=--=----b~ le:r T.Q tAW ..-,.. '_ L ---_.--~- """ '\'''' , " =:,;~'~'.. ';.~.~, ..... . .,...."'.~.I:....I. ~ -----------~-------..-_..-._--------------------------,--------------. elWIN. 1...lt~)N" I;.IM11.\.l.I, U.~l:I"II~'" .. (;,\HUI(I".\nll".liI'1 4\.",..ftol . l:'-:",-,-W. 11'(10"". Johnston Realty, Inc. Cambria Slate PA Z;p Code 16668 LANG ~ 7("l1\1t: v Johnston R 1 ea ty, Inc. .. Johnston Realty, Inc. . P~O ADDENDUM: COMPARABLET'ALES OwnerlBorrower: N/A Property Address: 10111NWOOD AVENUE PATTON, PA 16668 Lender/Client: KEEFER WOOD ALLEN, LLP "7'.'''''''r--_ ;s:~< ~..!!;.;..--' ":.....,- File#: 1 SPANG STREET, ROARING SPRI FRONT VIEW 401 ASHCROFT AVENUE FRONT VIEW RD #1 BOX 187, WILLIAMSBURG FRONT VIEW Printed USing Photograph-It, SFREP, Inc., 7423 Picardy Ave. STE F. Baton Rouge, La 70808 504-76&.0582 Mag 10.00 Sun Ocl21 06:37 2001 Scale 1 :500,000 (at center) c::::::llTolI Highway ~ ExiVOlher Services 10 Miles c::::::llus Highway . Locale --I 10KM 0 Exit + Sched Service Airport . County Seat Population Center . Small Town land - Local Road <> Large City Water - Major Connector ... Park/Reservation .. Slate Park/Forest - State Route .. ExiVGas River/Canal InterstatelLlmlted Access <> ExIVLodging Intermittent River DEFINITION OF MA VALUE: The most probable price which a properly Sh~ng in a competitive and open market under all conditions requisite to a fair sale, the buyer and seUer, each acting prudently. knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale 8S of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and each acting in what he considers his own best interest (3) a reasonable time is allowed for exposure in the open market; (4) payment Is made in terms of cash in U.S. dollars or in terms of financiar arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions* granted by anyone associated with the sale. *Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concessions but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgment. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the follOwing conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it. The appraiser assumes that the title is good and marKetable and, therefore, will not render any opinions abowt the title. The property is appraised on the basis of it being under responsible ownership. 2. The appraiser has provided a sketch in the appraisal report to show approximate d,mensions of the improvements and the sketch is Included only to assist the reader of the report in visualizing the property and understanding the appraiser's determination of its size. 3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. 4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand. 5. The appraiser has estimated the value of the land In the cost approach at its highest and best use and the improvements at their contributory value. The separate valuations of the land and improvements must not be used in conjunction wittl any other appraisal and are invalid if they Bre so used. 6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs. depreciation, the presence of hazardous wastes. toxic substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the normal research involved in performing the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc.) that would make the property more or less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the property. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not en expert in the field, of environmental hazards, the appraisal report must not be considered as an environmental assessment of the property. 7. The appraiser obtained the infonnation, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such Items that were furnished by other parties. B. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs. or alterations on the assumption that completion of the improvements will be performed in a workmanlike manner. 10. The appraiser must provide his or her prior written consent before the lender/client specified in the appraisal report can distribute the appraisal report (including conclusions apout the property value, the appraiser's identity and professional designations, and references to any prOfessional appraisal organizations or the firm with which the appraiser is associated) to anyone other than the borrower; the mortgagee or its successors and assigns; the mortgage insurer; consultants; professional appraisal organizations; any state or federally approved financ\al institut\on; Of any department, agency, or instrumentality of the United States or any state or the District of Columbia; except that the lender/client may distribute the property description section of the report only to data collection or reporting service(s) without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public through advertising. public retations, news, sales, or other med1s. Freddie Mac Form 439 6-93 Page 1 of 2 Fannie Mae Form 10048 6-93 . . 01100003 APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that: 1. I have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate to the subject property for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those items of significant variation. If a significant item in a comparable property is superior to, or more favorable than. the subject property, I have made a negative adjustment to reduce the adjusted sales price of the comparable and. it a significant item in a comparable property is inferior to, or less favorable than the subject property, I have made a positive adjustment to increase the adjusted sales price of the comparable. 2. I have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have not knowingly withheld any significant information from the appraisal report and I believe, to the best of my knowledge, that all statements and information in the appraisal report are true and correct. 3. I stated in the appraisal report onty my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the contingent and limiting conditions specified in this form. 4. I have no present or prospective interest in the property that is the subject to this report, and I have no present or prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or the estimate of maf1(et value in the appraisal report on the race, color, religion, sex, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties In the vicinity of the subject property. 5. I have no present or contemplated future interest in the subject property, and neither my current or future employment nor my compensation for performing this appraisal is contingent on the appraised value of the property. 6. I was not required to report a predetennined value or direction in value that favors the cause of the client or any related party, the amount of the value estimate, the attainment of a specific result, or the occurrence of a subsequent event in order to receive my compensation and/or employment for performing the appraisal. I did not base the appraisal report on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgage loan. 7. I perfonned this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were In place as of the effective date of this appraisal, with the exception of the departure provision of those Standards, which does not apply. I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimate I developed is consistent with the marketing time noted in the neighborhood section of this report, unless I have otherwise stated in the reconciliation section. 8. I have personally inspected the interior and exterior areas of the subject property and the exterior of all properties listed as comparables in the appraisal report. I further certify that I have noted any apparent or known adverse conditions in the subject Improvements, on the subject site, or on any site within the immediate vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent that I had market evidence to support them. I have also commented about the effect of the adverse conditions on the marketability of the subject property. 9. I personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. If relied on significant professional assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal report, I have named such individual(s) and disclosed the specific tasks performed by them in the reconciliation section of this appraisal report. I certify that any individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to a~y item in the report; therefore, if an unauthorized change is made to the appraisal report, I will take no responsibility for it. SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal report. he or she certifies and agrees that: I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications numbered 4 through 7 above, and am taking full responsibility for the appraisal and the appraisal report. ADDRESS OF PROPERTY APPRAISED: 101 Linwood Avenue. Patton. PA 16668 Date Signed: State Certification #: or State License #: State: P A Expiration Date of Certification or License: SUPERVISORY APPRAISER (only if required): Signature: Name; Date Signed: State Certification #: or State License #; State: 06/30/2003 Expiration Date of Certification or License: o Did D Did Not Inspect Property Freddie Mac Form 439 6-93 Page 2 of 2 Fannie Mae Form 10048 6.93 Johnston Realty, Inc. EXHIBIT B REV-1503 EX + (1-97) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF I..eop:::>ld J. Wendekier SCHEDULE B STOCKS & BONDS FILE NUMBER 21-2001-0807 All property Jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM NO. DESCRIPTION VALUE AT DATE OF DEATH 1 33 shares of Met Life, Inc. common stock at $28.75/share 948.75 2 33 shares of N.L. Industries, Inc. at $15.20/share 501.60 TOTAL (Also enter on line 2, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) 1,450.35 7 CPA31 NTF 10905 Copyright Forms Software Only. 1997 Nelco, Inc. . Estate Valuation . Date of Death: 07/30/2001 Valuation Date: 07/30/2001 Processing Date: 10/23/2001 Estate of: Estate of Leopold Wendekier Account: 90610 Report Type: Date of Death Number of Securities: 1 File ID: Wendekier, Leopold Estate Shares or Par Security Description High/ASk Low/Bid Mean and/or Div and Int Adjustments Accruals Security Value 1) 33 METLIFE INC (59156R108) NYSE 07/30/2001 28.97000 28.53000 H/L 28.750000 948.75 Total Value: Total Accrual: Total: $948.75 $948.75 $0.00 Page 1 This report was produced with EstateVal, a product of Estate Valuations & Pricing Systems, Inc. If you have questions, please contact EVP Systems at (818) 313-6300. (Revision 6.3.3) . Estate Valuation . Date of Death: 07/30/2001 Valuation Date: 07/30/2001 Processing Date: 04/04/2002 Estate of: Leopold Wendekier Account: 90610 Report Type: Date of Death Number of Securities: 1 File ID: Wendekier Shares or Par Security Description High/ASk Low/Bid Mean and/or Div and Int Adjustments Accruals Security Value 1) 66 NL INDS INC (629156407) COM NEW NYSE 07/30/2001 15.30000 15.10000 H/L 15.200000 1,003.20 Total Value: Total Accrual: Total: $1,003.20 $1,003.20 $0.00 Page 1 This report was produced with EstateVal, a product of Estate Valuations & Pricing Systems, Inc. If you have questions, please contact EVP Systems at (818) 313-6300. (Revision 6.3.3) , EXHIBIT E REV-150B EX + (1-97) . COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Leopold J. Wendekier SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY FILE NUMBER Include proceeds of litigation & date proceeds were received by the estate. 21-2001-0807 All prop. Jointly-owned with rlaht of survivorship must be disclosed on Sch. F. VALUE AT DATE OF DEATH ITEM NO. DESCRIPTION 1 Allfirst Checking Account #00896-7333-6 22,679.15 Accrued interest on arove asset as of decedent's date of death 5.13 2 1996 Dodge Intrepid Sedan Sales price 4,000.00 3 PEBTF check uncashed at decedent's date of death 253.29 4 2001 IRS Refund 758.00 TOTAL (Also enter on line 5, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) 27,695.57 7 CPA81 NTF 10908 Copyright Forms Software Only, 1997 Nelco, Inc. II allfJrst . . Allfirst Financial Center N.A. P.O. Box 900 Millsboro, DE 19966 September 18,2001 Keefer, Wood, Allen & Rahal, LLP 415 Fallowfield Road, Suite 102 Camp Hill, PA 17011-4906 RE: Estate of Leopold J. Wendekier Date of Death: July 30,2001 Social Security Number: 191-18-3311 Dear Ms. Swindler: In response to your request, please be advised that at the time of death, the above- named decedent had on deposit with this bank the following accounts. 1. Account Type....................... .... Checking Account Account Number....................... 0089673336 Ownership (Names oJ}.............. Leopold J. Wendekier Opening Date.......................... .07/28/77 Balance on Date of Death....... ..$22,679.15 Accrued Interest $ 5.13 Total................................... ... .$22,684.28 This letter does not include any accounts in which the deceased may have been listed as power of attorney, custodian of uniform transfers, representative payee, or trustee under a written trust agreement. For any additional information on these accounts, please contact our branch at: 3045 Market Street Camp Hill, PA 17011 Phone: (717) 255-2279 Sincerely, CJw,Winv uJ~ Charlene Warrington, Associate I (302) 934-2722 EXHIBIT G. REV-1510 EX + (1-97) . COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF leoPJld J. Wendekier SCHEDULE G INTER-VIVOS TRANSFERS & MISC. NON-PROBATE PROPERTY FILE NUMBER 21-2001-0807 This schedule must be completed and filed if the answer to any of questions 1 through 4 on the reverse side of the REV-1500 COVER SHEET is yes. DESCRIPTION OF PROPERTY %OF EXCLUSION ITEM INCLUDE NAME OF THE TRANSFEREE, THEIR DATE OF DEATH DECD'S (IF TAXABLE VALUE RELATIONSHIP TO DECD & DATE OF TRANSFER. NO. ATTACH COPY OF THE DEED FOR REAL ESTATE. V ALUE OF ASSET INTEREST APPLICABLE) 1 Met Life Annuity Contract 68,377.83 100% 68,377.83 #073153505AB Beneficiary: Decedent's surviving SPJuse, Beverly Wendekier 2 Met Life Annuity Contract 5,682.77 100% 5,682.77 #0801183REMA Beneficiary: Decedent's surviving SPJuse, Beverly Wendekier TOTAL (Also enter on line 7, Recapitulation) $ 74,060.60 7 CPA01 NTF 10910 (If more space is needed, insert additional sheets of the same size) Copyright Forms Software Only, 1997 Nelco, Inc. . . MetLite Statement of Value of Annuity Contract 1. Name and address of Insurance Company Metropolitan Life Insurance Company, One Madison Avenue, New York, N.Y. 10010 2. Name of Annuitant 3. Date of Annuitant's Death 4. Annuitant's Social Security Number (if known) LEOPOLD J WENDEKIER 07/30/2001 191183311 5. Number of Annuity Contract 6. Type of Annuity 7. Date of Issue 073 153 505 AB DEFERRED ANNUITY 05/01/1997 8. Owner's Name. Please attach copy of Application 9. Assignee's name. Please attach copy of Assignment 10. Date Assigned LEOPOLD J WENDEKIER 11. Name(s) of Beneficiary(ies) BEVERLY A WENDEKIER 12. Description of Contract PREFERENCE PLUS ACCOUNT 13. Value of Annuity Contract on date of death of Annuitant $68,377.83 . This represents the death benefit as follow: o Accumulation Value on Date of Death Cost Basis/Return of Payments Interest Total Payout $68,377.83 $0.00 $68,377.83 SEE BELOW 0$ . This represents the commuted value of the guaranteed installment payments of $ each due to and including with a final payment of $ on 0$ .This Represents the excess of the purchase price of over the total installments payments made prior to the date of death 0$ .See Remarks 14. How payable o One Sum o installments of $ each commencing on and a final payment of the right to commute the unpaid guaranteed installments. and continuing to and including with without on o See Remarks 15. Remarks CLAIM PROCEEDS WERE NOT PAID TO THE SPOUSE/BENEFICIARY. THE CONTRACT WAS CONTINUED IN BEVERLY'S NAME AS OWNER/ANNUITANT. The undersigned hereby certifies that this statement sets forth true and correct information Signature ~ Title 16. Date of Certification Metropolitan Life Insurance Company . Annuity Administration Operations 12902 East 51st Street, PO Box 22053 Tulsa, OK 74121-2053 . MetLife KEEFER WOOD ALLEN & RAHAL LLP ATTN CAYLE D SWINDLER 415 FALLOWFIELD RD STE 102 CAMP HILL PA 17011 4906 RE: 0801183 RBMA LEOPOLD WENDEKIER Dear Ms Swindler: PLEASE READ THE PARAGRAPH BELOW INDICATED BY AN "X". 1 . - Please complete the enclosed form where highlighted. 2. Please have the enclosed form(s) completed. 3. _ Per your request we are returning the original death certificate. 4. The enclosed Forms 02617 have been completed for this supplementary contract instead of Forms 712, which are used only for life insurance policies. 5. _ The enclosed photostat of the check in question shows that it has been negotiated. Check # dated 6. x The date of death value for estate tax purposes is $5,682.77. Whether this is the appropriate measure of valuation of this contract for estate tax purposes is a matter to be decided by your counselor qualified tax advisor. Sincerely, ~~ Donna Hine ACS Annuity Benefits 1-800-635-7775 October 2, 2001 EXHIBIT H REV-1511EX + (1-97) . COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF leq:old J. Wendekier SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS FILE NUMBER 21-2001-0807 Debts of decedent must be reported on Schedule I. ITEM NO. DESCRIPTION A. FUNERAL EXPENSES: AMOUNT 1 Neil Funeral Hare 8,358.43 2 Knights of Columbus, funeral luncheon 555.66 B. 1. ADMINISTRATIVE COSTS: Personal Representative's Commissions Name of Personal Representative(s) Beverly Wendekier Social Security Number(s)/EIN No. of Personal Representative(s) Street Address 4410 Royal Oak Road City Carrp Hill State 2,800.00 PA Zip 17011-4144 Year(s) Commission Paid: 2002 2. 3. Attorney Fees Narre: Keefer Wood Allen & Rahal, lLP Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Beverly A. Wendekier Street Address 4410 Royal Oak Road City Carrp Hill State PA Zip 17011 Relationship of Claimant to Decedent SUrviving Spouse 3,500.00 3,500.00 4. Probate Fees 71.00 5. Accountant's Fees 0.00 6. Tax Return Preparer's Fees 0.00 7 CUrnt:>er land law Journal, legal advertising 75.00 8 The Sentinel, legal advertising 93.83 9 Johnston Realty, appraisal fee 300.00 10 Reserve for miscellaneous expenses 1,000.00 7 CPA11 NTF10911 Copyright Forms Software Only, 1997 Nelco. Inc. TOTAL (Also enter on line 9, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) 20,253.92 EXHIBIT I REV-1512 EX + (1-97) . . COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Leopold J. Wendekier Include unreimbursed medical expenses. ITEM NO. SCHEDULE I DEBTS OF DECEDENT, MORTGAGE LIABILITIES, & LIENS FILE NUMBER 21-2001-0807 DESCRIPTION AMOUNT 1 1/2 2001 Real Estate Tax for property at 101 Linwood Avenue, Patton, Pennsylvania 742.44 2 1/2 First Union Credit Card joint with decedent's surviving spouse, Beverly WendeJd.er 4,119.67 3 2000 federal incaTE tax liability 429.00 4 1/2 fee for preparation of incorre tax return to Carl Sauer 212.50 5 1/2 Realty tax for property located in Patton, PA 553.60 7 CPA12 NTF 10912 TOTAL (Also enter on line 10, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) 6,057.21 Copyright Forms Software Only. 1997 Nelco. Inc. EXHIBIT J REV-1513 EX + (1-97) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF . SCHEDULE J BENEFICIARIES FILE NUMBER No. NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY I. TAXABLE DISTRIBUTIONS (include outright spousal distributions) 21-2001-0807 RELATIONSHIP TO DECEDENT AMOUNT OR Do Not List Trustee(s) SHARE OF ESTATE lea )Old J. Wendekier 1 Beverly A. Wendekier 4410 Royal Oak Road Carrp Hill, PA 17011 Surviving spouse 89,821.74 2 Eleanor Black R.D. #1, Box #1 Altoona, PA 16668 Daughter 5,253.71 3 Rayrrond Wendekier 107 Linwood Avenue Patton, PA 16668 Son 5,253.72 4 Frederick Wendekier 414 Fairview Drive Mechanicsburg, PA 17055 Son 5,253.72 ENTER DOLLAR AMTS. FOR DISTRIBS. SHOWN ABOVE ON LINES 15 THROUGH 17 AS APPROPRIATE 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 None B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS None TOTAL OF PART 11-- ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV 1500 COVER SHEET $ 0.00 7 CPA13 NTF 10913 (If more space is needed, insert additional sheets of the same size) Copyright Fonns Software Only, 1997 Nelco, Inc.