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HomeMy WebLinkAbout09-08-05 Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of Eric A. Bishop also known as No. 21-- OS- ~ , Deceased Social Security No. 201-68-6515 Robert L. Miller Petitioner(s), who is/are 18 years of age or older, appl(ies) for: (COMPLETE 'A' or 'B' BELOW) o A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the the Decedent, dated and codicils dated named in the last Will of 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: 00 B. Grant of Letters of Administration (c.t.a; d.b.n.c.t.a; pedente 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 spouse (if any) and hei~~.:, ,--'., Name Relationship Residence See attached schedule (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his/her family or principal residence at 159 Amy Drive, Carlisle, North Middleton Twp., PA (list street, number, and municipality) Decedent, then 28 07/12/2005 years of age, died at 6884 Carlisle Pike, Silver Spring Twp., Cumberland County, PA (Location) Decedent at death owned property with estimated values as follows: (If domiciled in PAl All personal property (If not domiciled in PAl Personal property in Pennsylvania (If not domiciled in PAl Personal property in County Value of real estate in Pennsylvania $ $ $ $ 3,500.00 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: Signature Typed or printed name and residence 1005 Pheasant Drive North Carlisle, PA 17013 Robert L. Miller ~ I/l' 717-243-5299 Prepared by the Pennsylvania Bar Association Copyright (c) 2004 form software only The Lackner Group, Inc. Form RW-1 (1991) co 0.00 In the Court of Common Pleas of IN RE: Cumberland County, Pennsylvania ORPHANS' COURT DIVISION Estate of NO. 21-- 05-. 80S Eric A. Bishop also known as Name of Decedent: Date of Death: Name Collin R. Bishop Tessa M. Bishop NOTE: , Deceased Social Security No. 201-68-6515 Petition for Grant of Letters (Continued) Eric A. Bishop 07/12/2005 Relationship Son Residence 7816 Wertzville Road Carlisle, PA 17013 Daughter 7816 Wertzville Road Carlisle, PA 17013 Decedent, Eric A. Bishop, was a single individual at the date of his death. Eric A. Bishop was married to Amy M. Bishop. The marriage was terminated by a Decree in Divorce dated January 11/ 2005/ same being docketed to No. 04-4494 Civil, Cumberland County, Pennsylvania. By virtue of a Marriage Settlement Agreement dated June 17/ 2004/ which Marriage Settlement Agreement was made a part of and incorporated into the Decree in Divorce, Eric A. Bishop and Amy M. Bishop, equally shared joint legal custody of Tessa M. Bishop (date of birth-August 8/ 1997-8 years) and Collin R. Bishop (date of bir~h- ,-, June 18/ 2001-4 years). By virtue of the a~a,th ofJ'Eri6. A. Bishop, Amy M. Bishop, surviving parent, 'h'as s6f~ ' . legal custody of the minor children, Tessa M. ,Bishqp and Collin R. Bishop. Amy M. Bishop, Mother and sole legal guardian of Tessa M. Bishop and CollinR~'Bi~bop, Minor Children, has renounced her right to request -" Letters of Administration, said Renunciation b~ing(~n favor of Robert L. Miller. Robert L. Miller, an a~}t individual, is the brother of Eric A. Bishop and the Uncle of Tessa M. Bishop and Collin R. Bishop, minor children. A copy of the Decree in Divorce, which incorporates the Marriage Settlement Agreement is attached hereto. ",Of. ;Ii;li ;Ii '" ;Ii ;Ii ,. '" '" '" '" ;Ii ,. ;Ii ;Ii 'f. ,. " 'f. ;Ii,.", ;Ii;li;li;li ;Ii ;f.;Ii 'f.;f.;t;;Ii;li "';Ii'f. ;Ii'f.;f.;f.;f.;f.;f.ff.ffi !Ii ;t;;Ii!f.!f. ;Ii!f. ;Ii!f.!f.!Ii;f.!f.'f.;Ii!li!f.;f.'f. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF ERIC A. BISHOP Plaintiff VERSUS AMY M. BISHOP Defendant PENNA. AND NOW, fb.nIJ'" II ,. ,. ERIC A. BISHOP DECREED THAT AND AMY M. BISHOP No. 04-4494 Civil ") "-,""', I .~: DECREE IN DIVORCE :"'"'j - --I (1'1 C:) , Z4tJ5 ,IT IS ORDERED AND , PLAI NTI FF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. , I J ;-'t ,. ,. 'f. 'f. ffi THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; AND IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the terms, prOV1S1ons, and conditions of a certain property settlement agreement between the parties dated June 17, 2004, and attached hereto, are hereby incorporated in this Decree and Order by reference as fully as though the same were set forth hQrQin at 19n9th. 5aid agreement Gh~ll not merge \~ith, but ohall ourvivc this Decree and Order. BYTHE CO;i PROTHONOTARY J. ~~~~~~~~~ ~~~~~~~~~~~~~~T.T.T.T.T.T.~~~~~~~~~T. ~~T.~~T.T.~ SCHRACK & LINSENBACH LA \\' OFFICES II Brian\Clients\Bishop, Eric\Marriage Settlement Agr. ~-) f.....') '1 ~ _~.J t_,':-' ~ ',':", ;~~ ,::~5 , '1', MARRIAGE SETTLEMENT AGREEl\1ENT THIS AGREEMENT made this (j!!L day of ~ ' ,MM/, is b~ahd between ERIC A. BISHOP, (hereafter called "Husband or "Father"), and AMY M. BISHOP, (hereinafter called "Wife"or "Mother"). U 'VITNESSETH: WHEREAS, the parties hereto are husband and wife, having been man-ied on June 22, 1996, in Cumberland County, PClmsylvania, of which man-iage two children occun-ed, namely: TESSA M. BISHOP, bom August 8,1997 and COLLIN R. BISHOP, bom Junc 18,2001; and WHEREAS, differences have arisen between the parties in consequence of which they intend to live apalt from each other. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants, and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be considered to affect or bar the light of Husband and Wife to an absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either patty. This Agreement is not intended to condone, and shall not be deemed to be a condonation on the part of either patty hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which may occur subsequent to the date hereof. 2. EFFECT OF DIVORCE DECREE. The patties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in divorce may be entered with respect to the patties. SCHRACK & LINSENBACH LA w O}'"l-ICES 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. The parties agree that the terms of this Agreement may be incorporated into any divorce Decree which may be entered with respect to them. 4. NON-MERGER. It is the parties' intent that this Agreement does not merge with the divorce Decree, but, rather, it continues to have independent contractual significance, and each party maintains their contractual remedies. 5. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATE. The transfer of property, funds, and/or documents provided for herein shall only take place on the "distribution date", which shall be defined as the date of execution of this Agreement, unless otherwise specified herein. 7. ADVICE OF COUNSEL. The parties hereto declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection in negotiation of, and fonnalization of this Agreement; that Husband has been independently represented by Brian C. Linsenbach, Esquire, of 124 West Harrisburg Street, Dillsburg, Pennsylvania; and that Wife has independently represented by Kara W. Haggerty, Esquire, of 36 South Hanover Street, Carlisle, Pennsylvania. 8. FINANCIAL DISCLOSURE. The parties confinn that each has relied on the substantial accuracy of the financial disclosure of the other, as an inducement to the execution of this Agreement. 9. PERSONAL PROPERTY. Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property, to their mutual satisfaction. 2 SCHRACK & LINSENBACH L.A, w OFHC[S 10. AFTER-ACQUIRED PROPERTY. Each of the patiies shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, tangible or intangible, personal, real, or mixed, acquired by him or her after the date of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were umnarried. 11. DISPOSITION OF 401K RETIREMENT. The pariies hereto acknowledge that Husband has approximately $9,000.00 vested in his 401K retirement plan. Husband shall list Tessa Marie Bishop and Collin Robert Bishop as sole beneficiaries an amount of$9,000.00 of his 401K fund, with no otherperson(s) having access to this amount. In exchange, Wife does hereby agree to relinquish and quit-claim unto Husband all of her right, title, and interest in and to said 401-K retirement plan. 12. DIVISION OF BANK ACCOUNTS/STOCKS/CASH. a). Except for provided in B below, the parties have divided cash reserves and bank accounts to their mutual satisfaction, and from and after the date of execution of this Agreement, neither party shall asseli claims against any joint account, or any account maintained by the other. b). Upon both parties signing the divorce documents, Husband shall pay to Wife the sum of Tlu'ee Thousand Dollars ($3,000.00), to be paid as follows: i.) One Thousand Dollars (SI,OOO.OO) to be paid at the slgnmg of this Agreement; at1d ii.) One Hundred Dollars ($100.00) shall be paid each month thereafter until paid in full. 13. ,V AIVER OF INHERITANCE. Each of the parties hereto does specifically waive, release, renounce, and forever abandon any right, title, interest, and claim, if any, either par1y may have in and to any inhelitance of any kind or nature whatsoever, previously or in the future received by the other pat1y. 3 SCHRACK & LINSENBACH LA \\' OFFICr:S 14. DEBTS OF THE PARTIES. Wife represents and warrants to Husband that at the time of marital separation, and since the date of marital separation, no obligation exists for which he would be responsible. Similarly, Husband represents and WalTants to Wife that at the time of marital separation, and since the date of marital separation, no obligation exists for which he would be responsible. Each party represents and warrants to the other that he/she will assume full responsibility for the debts enumerated, and release and discharge the other from any obligation therefor; and further represent to each other that neither shall incur any debt or liability after the execution of this Agreement for which the other, or his or her separate estate might be responsible. 15. CUSTODY OF CHILDREN. a). Joint legal custody of the minor children, as that tenn is defined in the Custody Act1985, October 30, P.L. 264. 264, No. 66, Section I, 23 Pa.C.S.A. 5301 et seq. shall be equally shared benveen Mother and Father. Joint legal custody means the right of both parents to share in making decisions of impOliance in the lives of their children, including education, medical and religious decisions. Both parents shall be entitled to equal access to the children's school, medical and dental records. b). Physical custody ofthe children shall be equal and according to the following schedule: The following schedule shall alternate between the parties; i). Starting at noon on Sunday, Father shall have custody of the children until Monday A.M. at the time when the children shall be dropped off at the babysitters; ii). Mother shall pick up the children Monday in the afternoon at the babysitter's and have the children until Tuesday, A.M. until such time to drop the children off at the babysitter's; iii). Father shall then pick up the children Tuesday in the afternoon at the babysitter's and have the children until Wednesday, A.M. until such time to drop the children off at the babysitter's; 4 SCHRACK & LINSENBACH LA \\' OFFICES iv). Mother shall pick up the children Wednesday in the afternoon at the babysitter's and have the children until Thursday, A.M. until such time to drop the children off at the babysitter's; v). Father shall pick up the children Thursday in the aftemoon at the babysitter's and have the children until Fliday, A.M. until such time to drop the children off at the babysitter's; vi). Father shall pick up the children Friday in the afternoon at the babysitter's and shall have the children through Sunday and transport the children to the Mother's residence by noon. vii). This weekend schedule shall altemate between Mother and Father. c). Holidays shall be split according to the following schedule: Each parent shall have the children for one-half day; the Wife shall have the children Cluistmas morning and the Husband shall have the children Chl'istmas evening, and the same for New Years Day and Thanksgiving. The morning and aftemoon holiday schedule may vary depending upon the day of the week the holiday falls upon and which parent has custody at the time. d). Vacations. The parties agree that each parent may have two unintemlpted weeks of vacation with the children. Parties must give each other at least 30 days advance notice when intending to exercise this right of custody. e). Legal Custody Defined. The parties agree that major decisions conceming the children's health, welfare, education, religious training and upbringing, shall be made by the parents jointly, after discussion and consultation with each other, with a view towards obtaining and following a harmonious policy to arrive at a decision that is in the children's best interest. Each party agrees to keep the other informed of the progress of the children's education and social adjustments. Each pariy agrees not to impair the other parties' right to share legal custody of the children. FUliher, each party agrees to give support to one another in the role as parents and to take into account the consensus of the other parent for the physical and emotional well being of the children. The pariies agree not to either attempt or alienate the affections of the children for the other parent. Each party shall notify the other of any activity that could reasonably be expected to be of significant concern to the other. The parties agree that the children will be encouraged to contact their Mother and Father by telephone at all reasonable times. 5 f). Positive Relationships. Each of the parents and any third party in the presence of the children shall take all measures deemed advisable to foster a feeling of affection between the children, the other parent, ar1d the partner of the other parent. Neither party will do or say anything which may estrange the children fi"om the other parent or the partner of the other parent, or their spouses or relatives ofthe children or injure the children's opinion ofthe other parent or the partner of the other parent which may hamper the free and natural development of the children's love and respect for the other parent or the partner of the other parent. g). Consultation. Each party shall confer with the other on all matters of importance as often as may be necessary regarding matters peJiaining to the children, relating to the children's health, maintenance and education with a view toward obtaining and following a han11onious policy in the children's education and social adjustments, which shall include the following: i). School. For purposes of relocation only, the parties agree not to move the children from the cunent school distIict, unless agreed upon by both parties. ii). Matters ofImportance. On all matters of importance relating to the children's health, education and welfare, each party shall have the duty to confer with the other, \vith a view to adopting a har"monious policy calculated to promoting the children's best interests. This duty shall include the requirement that each party advise and discuss with the other all important events in the children's life, including byway of example, but not limited to: school meetings, travel plans, medical conditions, educational progress and plans, summer camp anangements, extracurricular activities, vacation plans, etc. In the event that a significant matter arises with respect to the financial or other care of the children, such as a change in occupation, health insurance, educational expenses, day care expenses and other matters, those matters shall be discussed with the other parent before any unilateral change is made. iii). Location. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication conceming the welfare of the children and visitation. Each party agrees to supply the name, address and telephone numbers of any person in whose care the children will be for a period in excess of 72 hours and for each person and entity which may provide day care for the children. SCHRACK & LINSENBACH LA \\" OFnCES 6 SCHRACK & LINSENBACH LA \\" (JFFICE~ In the event of any emergency or serious illness of either of the children at any time, any party then having custody of that child shall immediately communicate with the other party by telephone or any other means practical in informing the other party of the nature of the illness. The word "illness" as used herein shall mean any disability which confines either child to bed for a period in excess of72 hours or which places the child under the direction of a licensed physician. During such illness, each party will have the right to visit the child as often as they are able or they desire, consistent with proper medical care of that child. h). Timeliness. Each party shall arrive on schedule for transfer of custody. In the event any party is more than twenty (20) minutes late for a scheduled custody exchange, in the absence of a telephone call or other means of communication, the other party may assume that the parent who is late has chosen not to exercise that period of custody. In that event, the period will be forfeited and the other party shall be free to make other plans with the children. i). Transportation. The transportation shall be shared by the parties. A party who has custody of the children overnight on a school night shall transport the children to school the following morning. Otherwise, the party who is resuming custody shall transpOli the children. No person transporting the children shall consume alcoholic beverages nor be under the influence of any alcoholic beverages while transporting the children. Additionally, all parties transporting the children shall dlive in a safe and orderly manner. j). Telephone Contact. Each party shall provide the children reasonable access to a telephone during his or her period of custody. Both pm1ies are urged to use common sense in scheduling telephone calls to talk to the children. Both parties are hereby directed to refrain from preventing the parent who may be calling from talking to either child, or preventing either child from calling the other parent, provided that the phone calls are not excessively frequent nor too long in duration that they disrupt the children's schedule. k). Safety of Children. Each pm1y agrees that the children shall not operate heavy machinery (such as power saws or lawn mowers) until the child has reached the age of 13. When the child has rcached the age of 13, each party agrees that the child shall be supervised when operating any such machinery, until such time as the child is able to operate the machinery on his/her own. 1). Extracurricular Activities. Each pm1y shall provide the other with at least 48 hours advance notice of school or other activities whenever possible. 7 SCHRACK & LINSE~BACH LA. w OFFlCL~ Both parties shall agree to honor and participate in the activities that the children wish to engage in. During the times that the parents have custody of the children, they will make certain that the children attend any extracurricular activities. The parties agree that they will be supportive of the activities and will transport the children to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the children are able to participate in those events. Neither parent, however, shall sign up a child for any activity unless the child definitely desires to attend that activity. Participation in activities which take place during the school year is contingent upon that child maintaining passing grades in school. Neither parent shall sign up a child for activities that fall on the other parent's period of custody, without the consent of the other parent, which consent shall not unreasonably be withheld. If a child is involved in an activity which occurs during both parents' periods of custody, both parents shall cooperate in providing transportation of the child to the activity. However, the custodial parent shall not be required to take a child to that activity ifthe custodial parent and child are out of town during that activity, for a previously scheduled vacation. In the event that the custodial parent is unable to deliver a child to the par-ticular activity, the parent who has custody ofthe child at that time shall notify the noncustodial parent, who shall be entitled to pick up and deliver the child to the designated activity. The custodial parent shall make certain that the child is ready for pickup in time sufficient to enable the child to timely attend the activity. m). Financial Care of Children. In the event that a significant matter arises with respect to the medical care, education, or financial care of the children, such as a change in occupation, health insurance, educational expenses, or residence of a party, those matters shall be discussed with the other parent before any change is made by either parent. n). Modification. The parties are free to modify the terms of this agreement but in order to do so, both parties must be in complete agreement to any new tenllS any modifications shall be wliting. 16. CHILD SUPPORT. a). Except for provided in b) below since each of the parties is providing primary physical custody of the children, it is agreed by the parties that neither shall be respopsible for the payment of support to the other, for the benefit of the children. However, if major expenditures are required, the parties will undertake a sharing thereof as benefits the best interests of the children. 8 SCHRACK & LINSENBACH L<lt. \\. OFFICES b). Father shall be responsible for the cost of child care during the work week up to the amount of One Hundred Thirty Dollars ($130.00) per week maximum, until such time as the parties agree that it is no longer necessary. c). Father shall be responsible for providing health care insurance coverage on both of the children and providing the Mother with the insurance information. 17. PAYMENT OF SPECIFIC OBLIGATIONS. During the course of the marriage, Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts, and it is hereby agreed, without the necessity of ascertaining for what purpose and to whose use each ofthe bills were incurred, that each party shall be responsible for all bills, obligations, and debts that existed at the time of the parties' separation, and which are attributed to assets retained by each party, and each party agrees to indemnify and save the other harmless from any claim therefore. 18. BANKRUPTCY. The parties hereto agree that the prOVlSlons of the instant Agreement shall not be dischargeable in bankruptcy, and expressly agree to reaffiITIl any and all obligations contained herein. 19. FINAL EQUITABLE DISTRIBUTION OF PROPERTY. The parties agree that the division of all properiy set forth in this Agreement is equitable, and in the event an action in divorce is commenced, both par1ies relinquish the right to divide said property in any maImer not consistent with the tem1S set f01ih herein. It is further the intent, understanding, and agreement of the parties that this Agreement is a full, final, complete, and equitable property division. 20. FEDERAL INCOME TAX STATUS. The parties agree that Husband shall be authorized to claim Tessa M. Bishop on his Income Tax Retums, and Wife shall be authorized to claim Collin R. Bishop on her Income Tax Returns. 21. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apari. They shall be free from any control, restraint, interference, or authority, direct or indirect, by the other in all respects as fully as ifthey were unmarried. They may reside at such place or places as they may select. Each 9 SCHRACK & LINSENBACH LA \\' OFFICES COMMONWEALTH OF PENNSYLVANIA : ~ : SS. COUNTY OF Ou this, the 17 III day of ~ ' .uUi before me, a Notary Public, the undersigned office!, personally appe ed RIC A. BISHOP, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN \VITNESS \VHEREOF, I have hereunto s Notarial ~- 1 Ja~'let S. Gr)Te, No:n'yPlJblic J D'il:;;~ury 80ro, '(Of" COllnl)/ My ('.or~~:::~E.:..~;rB3 (:X:t.!:!~~ MomOOr. F'ennsyh'<>rroOi i'\sfJJdalkm Of N:)t:uf~ COMMONWE~NSYLV ANIA COUNTY OF Ou this, tile J Z tlt day of ~ ' Z~ before me, a Notary Public, the undersigned officer; personally app red AMY M. BISHOP, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. SS. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. Notarial SoaJ Janel S. Gore, Notary Public DlIisburg 8oro, YOlk County My Commission Expires Oct. 25, 2006 ----. Member. Pennsylvania Assodation Of Notlries , ' may, for his or her separate use or benefit, conduct, carry on, and engage in any business, occupation, profession, or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb, or malign each other or the respective families 0 f each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 22. MUTUAL RELEASES. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all right, title, and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any fanner acts, contracts, engagements, or liabilities of such other, or by way of dower or curtesy, or claims in the nature of dower or curtesy, or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) the Commonwealth of Pennsylvania; (b) State, Commonwealth, or tenitory of the United States; or, ( c) any other country. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real, personal, or mixed, which the other now owns or may hereafter acquire, except, and only except, all rights, agreements, and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 23. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the temlS hereof shall be valid unless in writing and signed by both parties, and no waiver of any breach hereof, or default hereunder, shall be deemed a waiver of any subsequent default of the same or similar nature. 24. MUTUAL COOPERATION. SCHRACK & LINSENBACH LA \\' OFFICES Each party shall, at any time from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 10 SCHRACK & LINSENBACH LA W OFFICES 25. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding, and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. The act of reconciliation by the paliies shall not work a tennination ofthe provisions of this Agreement -- rather, the Agreement shall remain in full force and effect, and the division of assets accomplished hereunder shall be deemed final. 26. INTEGRATION. This Agreement constitutes the entire understanding of the pariies, and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set fmih herein. 27. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will fmihwith (and within at least 20 days after demand therefor), execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, stock celiificates, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree, should be so executed in order to carry out fully and effectively the tem1S of this Agreement. 28. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until tenninated under and pursuant to the tem1S of this Agreement. The failure of either paIiy to insist upon strict perf0l111anCe of any of the provisions of this Agreement shall in no way affect the ri ght of such party hereafter to enforce the same, nor shall the waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict perfonnance of any other obligations herein. 29. BREACH. If either pariy breaches any provision ofthis Agreement, the other party shall have the light, at his or her election, to sue in law or in equity to enforce any rights ar1d remedies which the party may have, and the party breaching this Agreement shall be responsible for the reasonable legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 11 SCHRACK & LINSENBACH LA W O!'FICES 30. SEVERABILITY. If any teml, condition, clause, or provision ofthis Agreement shall be detemlined or declared to be void or invalid in law or otherwise, then only that teml, condition, clause, or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any paliy to meet her or his obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 31. LA'V OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of PerUlsylvania. 32. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof, are inserted solely for convenience of reference, and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction, or effect. IN "'ITNESS 'VHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: r ~~ Ct. -b.-.~Jtf'p ERIC A. BISHOP -- C~A >'V\~~ AMY M. BI~HOP 12 .' . Oath of Personal Representative Commonwealth of Pennsylvania County of Cumberland The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the esta/te acc" , law. / ;i . /'l ~. // Sworn to or affirmed and subscribed ~ ~ ~ Robert L. Miller before me this O~h- (; day of ?,) ( . -'1 ". , ~.: 1 ~ -- 'J '.j '. c.; 21-- () 5 - F3 b 5 ,) Estate of Eric A. Bishop , Deceased C,) also known as Social Security No: 201-68-6515 AND NOW, \~~ ol 8 1 of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters 0 Testamentary [!] of Administration Date of Death: 07/12/2005 , ({J (X) l) , in consideration (c.I.a.; d.b.n.c.l.a.; pendente lite; durante absentia; durante minoritate) are hereby granted to Robert L. Miller, in the above estate and that the instnument(s) dated described in the Petition be admitted to probate and filled of record as the last Will of Decedent. , !kltwllL~cUNJ} I~~!/t.p>>^ ~ Register of ills ~~ FEES Letters.........................................$ .3"\. (X") Short Certificate(S).....................J6~ q)0 okJ Renunciation.. ..... ..... ......... .......... $ IS OJ Attorney: C;(~ Extra Pages )......................$ I.D.No: 19475 Bogar & Hipp Law Offices Address: One West Main Street Affidavits ( )..........................$ Codicil............................... _......... $ Shiremanstown, PA 17011 JCP Fee..............................._......$ 10 00 Telephone2717-737-8761 Inventory............................... _..... $ E-Mail: TOTAL............................ $ 5.(.0 '70 cj0 Other............ ................... _........... $ Prepared by the Pennsylvania Bar Association Copyright (c) 2004 form software only The Lackner Group, Inc. Form RW-1 (1991) Thi, is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as L()c~d Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. L\;_ ~o~~,~~~ Fec for this certificate. $6.00 \\\IIIII~~(W'orpl;--___~ \\\~~~J":';. ,,\~. r:,- l~_, ~\ f :lEi' -~ . ',~i ~ ~~.:l~~. ,Ih~ ....' " I ~ \*~...:...: ;'j:*l ..~ /.~\\' """.'*.... ~~~I\\\\ ~---:T1MENl \\\ ~ ,." ";""''''//H#/lJlIJI' I' Date P 1" f1'- n.'."..,.1 :..',' U.. . '"' ~ .L ~L e:: r~, ',' ~ :~j JUL 1 5 2005 No. C) 'j ) ,---"\ ~ H105.144 Rev. 1191 2J- 05 805 COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (Coroner) ,:,A) (.'1 CQ TYPE/PRINT IN PERMANENT BLACK INK 1130-047 ST.cJe FILE NUMBER SOCIAL SECURITY NUMBER DATE OF DEATH (Month, Day, Year) C. July 12, 2005 I- Z W o w o w o ~ ~ z SEX 2. Male 2. A UNDER 1 DAV Hours Minutes DATE OF BIRTH BIRTHPLACE (Cily and PLACE OF DEATH (Check only one see inslruclions on other side) (Month, Day, Year) Stale or Foreign Country) HOSPITAL: Inpatient 0 1. SII, FACILITY NAME (II no! inslitulion. give street and number) t'...;, ,...~,~ C~..J C:,rt g~,y)l8l RACE. American Indian, Black, While, IItC. (Specify) 10. White SURVIVING SPOUSE ~fwi6, give maiden name) Heme, Inc., Carlisle, PA D.lJ'ESIGN (Month, Day, ~r) 23b, 23c. WAS CASE REFERRED 10 ME~L EXAMINERlCORONER? Yes~ :NOO 26. I Approximate PART II; Other significant conditions contnbullng to death, bot : interval between not resulllng in the underlying cause given in PART I. !:oneetand death Aspiration of gasoline 17b.Coun Cumberland 17d.O :h~e:=:i=of MOTHER'S NAME (First, MiddI&. Maide. Surname) 1.. Faye A. Mc Quait INFolM005Mph~;~e'D'r~~e)~aottf1fICarlisle, PA 17013 2Ob. - - ,... ,. PLACE OF DISPOSITION. Name of Cemetery, Crefnalory LOC~ION . Cltyrrowo, Slate, Zip or Other Place 21d~rlisle, PA 17013 DATE PRONOUNCED DEAD (Month. Day, Year) July 12,' 2005 24, 25. 27. PART I: Enler the diseases, In/urin or complications whIch caused lhe death. 00 nol enter the mode of dying, such as cardIac or respiratory arresl, shock or heart failure. LIst only one C8101e on each line. Positional As h ia DUE 10 (OA AS A CONSEQUENCE OF): Motor Vehicle Crash DUE 10 (OR AS A CONSEQUENCE OF)' DUE 10 (OR AS A CONSEOUENCE OF): d WERE AU10PSY ANDINGS AVAILABLE PRIOR 10 COMPLETION OF CAUSE Of DEATH? Homicide DESCRIBE HOW INJURY CURRED. Belted operator struck from behind and ll.Y.erturned LOCATION (Street, CityfTown. Stale) ~arlisle Pike,Mechanicsburg,PA o 31b. LICENSE NUMBER DATE SIGNED (Month, Day, Year) o 31., 31d. July 14, 2005 NAME AND ADDRESS OF PERSON WHO COMPLETED CAUSE OF OIE1irH (ltam27ITypeo'Prinl Michael L. Norris, Coroner 6375 Basehore Road, Suite #1 Mechanicsburg, Pa. 17050 MANNER OF DEATH DPJE OF INJURY (Monlh. Day, Year) o J.il o Nalural Accident Pending Invesligation Yel ~ NoD Yes p( No 0 288. 28b. CERTIAEA (Check only one) .CERTIFYING PHYSICIAN (Physician certifying cause of death when another physician has pronounced death and completed Ilem 23) To IIN! bes1 of my knowtedge, death occurred due to lhe cause(s) and manner as stated Suicide 29. Could nol be determined .PRONOUNCING AND CERTIFYING PHYSICIAN (Physician both pronouncing death and certilyinQ to cause 01 death) To the be8t of my knowledge, death occurred at the time, dlle, and place, and due to the cause(a) and manner as stated.. . .MEDICAL EXAMINER/CORONER On the b.sla of examination and/or Investigation, In my opinion, death occurred at the time, date, and place, and due to the cauae(s) and manner...tated."'...".""'.".,. ...,............,... ."................. ,............ 31.. }Q 32. REGISTRAR'S SIGN.l:TURE AND NUMBER ~. ~eu..~~~ 19.11 '~1\ DI ~ 34. twp cltyl'boro. Coroner Register of Wills of Estate of Eric A. Bishop also known as The undersigned, Amy M. Bishop , Ex-Wife Cumberland County, Pennsylvania RENUNCIATION No. 21-- 05 xes , Deceased (Relationship) (Capacity) the above Decedent, hereby renounce(s) the right to administer the estate and respectfully request(s) that Letters be issued to Robert L. Miller WITNESS my/our hand(s) this Sworn to or affirmed and subscribed before me this ).. ,1 i10L day of ~A~U- .J\ut~1MJ a Notary Public ~oo S , - -fl^v\.LL. 'v My Commission Expires: (Signature and seal of Notary or other official qualified to administer oaths. Show dale of expiration of Notary's commission.) Prepared by the Pennsylvania Bar Association Copyright (c) 2004 form software only The Lackner Group, Inc. ,~and day of A ~ u.5f i, ).~" ~ ~'\~h\' (S;OOO,",. '~ '6" Amy M. Bisho 7816 Wertzvil e Road . Carlisle, PA 17013 (Address) (Signature) (Address) -' (Signature) (Address) . -i COMMONWEALTH OF l't;NN~Y Notarial SoaI MIlieu A MiIhr, Nota'y PlIbIio North Micld1etcm Twp., Cumberl.cl~ My COIIIIIliaaion Expira M.y 14. 2008 Member, Pennsylvania ASlloclatlon of NDIatfea 6/005. .) I OJ --, c,) cry c:;\ NCTE: Renun'j3lio".~ ,>xecuted outside the Office of Register of Wills in S0me cl}!Jllttes are required to be notarized. Form #RW.4 (1991) of /"",.") '.--:~-''\ ~ ~~ r .''l .(<) , : ......... '.'