The URL can be used to link to this page

Home My WebLink About02-02-07 ~ ~ 1S tJL\?>J (cD l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE 2006-00043 PA NO. 21 06-0043 ESTATE OF LEABELLE M. HOCKENBERRY LATE OF NORTH MIDDLETON TOWNSHIP FIRST AND FINAL ACCOUNT OF LINDA F. FISHER, EXECUTRIX DATE OF DEATH: LETTERS GRANTED: FIRST COMPLETE ADVERTISEMENT OF GRANT OF LETTERS ACCOUNTING FOR THE PERIOD December 15,2005 January 17,2006 January 31, 2006 January 17,2006 through January 10,2007 Purpose of the Account: Linda F. Fisher, Executrix, offers this accounting to acquaint interested parties with the transactions that have occurred during her administration. The Account also indicates the proposed distribution of the Estate. It is important that the Account be carefully examined. Requests for additional information, questions or objections can be discussed with: Bradley L. Griffie, Esquire Attorney for Petitioner 200 North Hanover Street Carlisle, P A 17013 (717)243-5551 (800)347-5552 C) (=;0 ~ ~:3 S) "l fi---: r~-r-) I N U~ -.l 1 RECEIPTS OF PRINCIPAL CASH AND BANK DEPOSITS: 1. M&T Bank checking account $ 5,598.51 No. 712671 $30,671.45 2. M&T Bank savings account No. 015004200903357 3. M&T Investment Management $43,810.60 No. 0215-00090083526 1. M&T Bank savings account $23,521.80 No. 0150004198314335 (owned jointly with Linda D. Fisher and Marlin R. Fisher) Subtotal ANNUITIES 1. Western - Southern Life Assurance Company Annuity No. W0020569851 2. Allstate Life Insurance Company Annuity No. GA 18439871 3. Allstate Life Insurance Company Annuity No. GA 16147668 $66,088.82 $55,051.54 $47,141.75 $103,602.36 Subtotal $168,282.11 2 ADDITIONAL RECEIPTS 1. Healthcare Insurance Premium Refund 2. 2005 Federal Income Tax Refund 3. Erie Insurance Group Refund $ 1,432.15 $ 475.00 $ 277.00 Subtotal $ 2,184.15 Total Principal of Estate before Adjustments $274,068.62 GAINS AND LOSSES ON SALES AND OTHER DISPOSITIONS: 1. M&T Bank checking account $ 450.63 No. 33-51815 2. M&T Bank savings account No. 15004200903357 $ 66.75 3. Interest earned on estate account M&T Bank savings account No. 0150004198314335 $ 59.88 4. MFS Investment Management Account No. 00090083526 $ 397.92 Subtotal $ 975.18 Net Gain or Loss ($975.18) Total Principal of Estate with all adjustments $275,043.80 3 DISBURSEMENTS OF PRINCIPAL M&T BANK ACCOUNT NO. 9838900471 DEBTS OF DECEDENT: Subtotal $ .00 FUNERAL EXPENSES: 1. Hoffman - Roth $ 270.30 Subtotal $270.30 ADMINISTRATION EXPENSES & COSTS: 1. Family Exemption $ 3,500.00 2. Attorney's fees $ 3,000.00 3. Probate fees $ 605.00 4. Wagner Tax Service (Accountant) $ 65.00 5. Advertising - Cumberland Law J oumal $ 75.00 6. Advertising - The Sentinel $ 137.03 Subtotal $ 7,382.03 TAXES: Pennsylvania Inheritance Tax $ 13,265.85 Subtotal $ 13,265.85 Total Disbursements of Principal $ 20,918.18 Total Principal and Income with all Adjustments Total Disbursements of Principal $ 274.766.82 $ 20,918.18 Total Principal and Income Available for Distribution $ 254,125.62 4 PRIOR DISTRIBUTION ANNUITIES 1. Western - Southern Life Assurance Company Annuity No. W0020569851 2. Allstate Life Insurance Company $ 66,088.82 $ 55,051.51 3. Allstate Life Insurance Company Annuity No. GA 16147668 $ 47,141.75 Subtotal $168,282.11 Remaining funds for Distribution $ 85,843.51 5 PROPOSED DISTRIBUTIONS TO BENEFICIARIES AFTER ACCOUNT CONFIRMATION Linda F. Fisher, Daughter Total Share of Distribution $ 85,843.51 TOTAL PROPOSED DISTRIBUTION OF PRINCIP AL AND INCOME $ 85,843.51 Linda F. Fisher, Executrix of the Estate of Leabelle M. Hockenberry, deceased, hereby declares under oath that she has fully and faithfully discharged the duties of her office; that the foregoing First and Final Account and Schedule of Distribution is true and correct and fully discloses all significant transactions occurring during the accounting period, that all known claims against the Estate have been paid in full, that to her knowledge, there are no claims now outstanding against the Estate; and that all taxes presently due from the Estate have been paid. ~ ;;-;2~ ~~ Lin a F. Fisher, Executrix ) Sworn and subscribed before me, This _day of , 2007 6 DECEDENT'S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ORPHANS' COURT DIVISION ESTATE OF LEABELLE M. HOCKENBERRY , DECEASED No. 21 06-0043 (..., :..:!. ~ ,----:> ~~J '-----u -" C) C:J I r,) PETITION FOR ADJUDICATION / STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.c. Rule 6.9 -.""'"""I! U1 -.j This form may be used in all cases involving the Audit of the Account of a Decedent's Estate. If space is insufficient, riders may be attached. Attach the spouse's election, if any; the papers required under items 8-19 inclusive; and any instrument pertinent to the adjudication. INCLUDE ATTACHMENTS AT THE BACK OF THIS FORM. Name of Counsel: BRADLEY L. GRIFFIE, ESQUIRE Supreme Court LD. No.: 34349 Name of Law Firm: GRIFFIE AND ASSOCIATES Address: 200 NORTH HANOVER STREET CARLISLE, P A 17013 Telephone: (717) 243-5551 Fax: (717) 243-5063 FormOC-Ol rev.10.13.06 Page 1 ofl0 Estate of LEABELLE M. HOCKENBERRY , Deceased 1. Name(s)and addressees) ofPetitioner(s): Name: LINDA F. FISHER Address: 80 stone Church Road_ CARLISLE, P A 17015 Identify any executors or administrators who have not joined in the Petition for Adjudication and Statement of Proposed Distribution and state reason: NONE Is this the first accounting by this fiduciary? . . . . . . . . . . . . . . . . . . . . . 0 Yes 0 No If not, identify prior accountings, the accounting periods covered, and the date of adjudication of the prior accounting. 2. Decedent died on DECEMBER 15,2005 IZiI Letters Testamentary or OLetters of Administration were granted to Petitioner(s) on JULY 17.2006 Date of Will (ifapplicable): NOVEMBER 8,1995 Date(s) of Codicil(s) (if applicable): NONE Date of probate (if different from date Letters granted): JULY 17,2006 Was a bond required? DYes IZiI No If yes, state amount: Are proofs of advertising of the grant of Letters attached? ......... 0 Yes 0 No Dates of advertising of the grant of Letters: JANUARY 27, FEBRUARY 3,10,2006 IN CUMBERLAND LAW JOURNAL; JULY 17, 24, 31, 2006 IN SENTINEL. Form DC.OJ rev. ]0.13.06 Page 2 of 10 Estate of LEABELLE M. HOCKENBERRY , Deceased 3. . Was decedent survived by a spouse? . . . . . . . . . . . . . . . . . . . . . . . . . . . .. D Yes IZI No If yes, name of the surviving spouse: 4. Has the surviving spouse filed to take an elective share? ............ . DYes D No (See Section 2201 et seq. of the Probate, Estates and Fiduciaries Code) If yes, date of election: 5. In the case of an intestacy, state the names of the decedent's surviving children or surviving issue of deceased children (if none, so state): N/A 6. Did decedent marry after execution of Will or Codicil(s)? . . . . . . . . . .. D Yes IZI No Were any children born to decedent after execution of Will or Codicil(s)? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D Yes IZI No If yes, give names and dates of birth: Name: Date of Birth: 7. If required by the Medical Assistance Estate Recovery Act, 62 P .S. S 1412, was a request for a statement of claim sent to the Department of Public Welfare? . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. DYes D No Form OC-OJ rev. 10.13.06 Page 3 of 10 Estate of LEABELLE M. HOCKENBERRY , Deceased 8. Written notice of the Audit as required by Pa. O.C. Rules 6.3,6.7 and 6.8 has been or will be given to all parties in interest listed in item 9 below, all unpaid creditors and all claimants listed in item 10 below. In addition, notice of any questions requiring Adjudication as discussed in item 14 below has been or will be given to all persons affected thereby. A. If Notice has been given, attach a copy of the Notice as well as a list of the names and addresses of the parties receiving such Notice. B. If Notice is yet to be given, a copy of the Notice as well as a list of the names and addresses of the parties receiving such Notice shall be submitted at the Audit together with a statement executed by a Petitioner or counsel certifying that such notice has been given. C. If any person entitled to Notice is not sui juris (e.g., minors or incapacitated persons), Notice of the Audit has been or will be given to the appropriate representative on such party's behalf as required by Pa. O.c. Rule 5.2. D. If any charitable interest is involved, Notice of the Audit has been or will also be given to the Attorney General as required under Pa. O.C. Rule 5.5. In addition, the Attorney General's clearance certificate (or proof of service of Notice and a copy of such Notice) must be submitted herewith or at the Audit. 9. List all parties (charitable and non-charitable) of whom Petitioner(s) has/have notice or knowledge, having or claiming any interest in the estate as beneficiaries under the Will or Codicil(s) or as intestate heirs if there is a complete or partial intestacy: A. State each party's relationship to the decedent and the nature of each party's interest( s): Name and Address of Each Partv in Interest Relationshiv and Comments, if any Interest LINDA F. FISHER Daughter, Executrix, 100% of the Estate. sole beneficiary and Petitioner herein. Form OC-OJ rev. 10.13.06 Page 4 of 10 Estate of LEABELLE M. HOCKENBERRY , Deceased Name and Address of Each Partv in Interest Relationshiv and Comments, if any Interest B. Identify each party who is not sui juris (e.g., minors or incapacitated persons). For each such party, give date of birth, the name of each Guardian and how each Guardian was appointed. If no Guardian has been appointed, identify the next of kin of such party, giving the name, address and relationship of each. NONE C. State why a Petition for Guardian/Trustee Ad Litem has or has not been filed for this Audit (~ee Pa. o.c. Rule 12.4). NOT APPLICABLE D. If distribution is to be made to the personal representative of a deceased party, state date of death, date and place of grant of Letters and type of Letters granted. NOT APPLICABLE Form DC-OJ rev. JO.13.06 Page 5 of 10 Estate of LEABELLE M. HOCKENBERRY , Deceased 10. Other than the claim for the family exemption, list the names of all known claimants and the amount of their claims and state whether each claim is admitted. Name and Address of Each Claimant Amount of Claim Claim Will Claim Admitted? Be Paid In Full? NONE DYes DYes DNo DNo DYes DYes DNo DNo DYes DYes DNo DNo DYes DYes DNo DNo If the estate is insolvent, attach a schedule setting forth the order of preference under 20 Pa.C.S. 93392 and the proposed payments. 11. Was family exemption claimed? IZJYes DNo DNo Was family exemption allowed? IZJYes Family exemption claimant's name and relationship: Name: LINDA F. FISHER Relationship: DAUGHTER Form DC-OI rev. 10.13.06 Page 6 of 10 Estate of LEABELLE M. HOCKENBERRY , Deceased 12. The amount of Pennsylvania Transfer Inheritance Tax and additional Pennsylvania Estate Tax paid, the date(s) ofpayment(s), and the interest(s) upon which paid, are as follows: Date Payment Interest MARCH 15, 2006 17,000.00 .00 SEPTEMBER 6, 2006 64.45 .00 13. On the date of death, was the decedent a fiduciary (personal representative, trustee, guardian, agent under power of attorney) or surety on the bond ofafiduciary? ................... DYes [ZlNo If yes, provide the name of the estate, indicate whether an account has been filed and confirmed absolutely and all awards performed, or, in the alternative, how the decedent's estate will be discharged for the decedent's fiduciary administration of the estate. 14. A. Describe in detail any questions requiring adjudication and state the position of the Petitioner(s) as to each question: NONE; NOT APPLICABLE B. Has notice of the question requiring adjudication been given to the parties identified in Paragraph 9 above? .................. D Yes D No NOT APPLICABLE 15. If Petitioner( s) has/have knowledge that a share has been assigned, renounced, disclaimed or attached, provide a copy of the assignment, renunciation, disclaimer or attachment, together with any relevant supporting documentation. NOT APPLICABLE Form DC-OJ rev. 10.13.06 Page 7 of 10 Estate of LEABELLE M. HOCKENBERRY , Deceased 16. Had the decedent been adjudicated an incapacitated person? . . . . . . . . . . D Yes IZI No If yes, attach a copy of the Order if available; otherwise state the Court, term, number, date, and name of Hearing Judge. 17. A. List or attach a separate list of additional receipts and disbursements since the closing date of the Account. NONE. B. Has notice of the additional receipts and disbursements been given to the parties identified in Paragraph 9 above? ............. D Yes D No NOT APPLICABLE 18. If a reserve is requested, state amount and purpose. Amount: Purpose: NONE If a reserve is requested for counsel fees, has notice of the amount of fees to be paid from the reserve been given to the parties in interest? ........................................ DYes DNo NOT APPLICABLE If so, attach a copy of the notice. 19. Is the Court being asked to direct the filing of a Schedule of Distribution? DYes IZlNo As to real estate only? ........................................ DYes IZINo Form DC-OJ rev. JO.13.06 Page 8 of 10 Estate of LEABELLE M. HOCKENBERRY , Deceased Wherefore, your Petitioner(s) ask(s) that distribution be awarded to the parties entitled and suggest(s) that the distributive shares of income and principal (residuary shares being stated in proportions, not amounts) are as follows: A. Income: Proposed Distributee(s) Amount/Proportion LINDA F. FISHER 100% B. Principal: Proposed Distributee(s) Amount/Proportion LINDA F. FISHER 100% Submitted By: (All petitioners must sign. Add additional lines ifnecessary): (~-?- U Name of Petitioner: LINDA F. FISHER Name of Petitioner: Form DC-OJ rev. 10.13.06 Page 9 of 10 Estate of LEABELLE M. HOCKENBERRY , Deceased Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that he/she IS title of the above-named name of corporation and] that the facts set forth in the foregoing Petition for Adjudication / Statement of Proposed Distribution which are within the personal knowledge of the Petitioner are true, and as to facts based on the information of others, the Petitioner, after diligent inquiry, believes them to be true; and that any false statements herein are made subject to the penalties of 18 Pa. c.s. 9 4904 (relating to unsworn falsification to authorities). ~ " ,'-J ~/ Signa me o[Petitioner Linda F. Fisher -I~ * Corporate petitioners must complete bracketed information. Certification of Counsel The undersigned counsel hereby certifies that the foregoing Petition for Adjudication/ Statement of Proposed Distribution is a true and accurate reproduction of the form Petition authorized by the Supreme Court, and that no changes to the form have been made beyond the responses herein. of unsel for Petitioner ad y L. Griffie, Esquire 200 North Hanover street Carlisle, PA 17013 (717) 243-5551 Form DC-OJ rev, 10.13,06 Page 10 of 10 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 COMMONWEAL TH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: January 27, February 3, 10,2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Hockenberry. Leabelle M., dec'd. Late of Carlisle. Executrix: Linda F. Fisher, c/o Bradley L. Griffie, Esquire, Grif- fie & Associates, 200 N. Hanover Street, Carlisle, PA 17013, (717) 243-5551, (800) 347-5552. Attorneys: Bradley L. Griffie, Es- quire, Griffie & Associates. o AND SUBSCRIBED before me this 10 day of February. 2006 ~4~1~A' ': i'"j'f'~"r'L, D! ;t~ c,:r-: t~~ ~ l'I IV".! ( r .:, t~f,O'-^"L,_, ""'~h.-t._ ~ I.: ::. PubHc Q e ~ 1\;:2:YCn r\ ?qO~' f~, ....?"":,=.;".;.:..;".:,;h_.',"-.+-~-""_;:.... PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being dilly sworn, deposes and says that THE SENTINEL, a newspaper of general circillation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date mE SENTINEL has been regu1arly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regu1ar editions and issues of THE SENTINEL on the following day(s) January 17,24,31,2006 COpy OF NOTICE OF PUBLICATION L...,.. :L"",.;".:".oJ:.4,'"__.~,,,: '~ ,~"~'Z Affiant further deposes that he/ she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of ~ EXECUTOR'S NOTICE :,,>;jiL-':~':::::-. .', ,-';' ,',' "',-;'<:';' ."_),:,'",:,.:;:~;::, ;,e';'<;::-:::,:__;,-,_):,:;::_';,:,~:_,,-" Lell8rs Testamentary on tile Estate of LEABELLE M. 'u , HOCKENBERRY. late of Carlisle. Cumberland County, : Pennsylvania, deceased, have been granted to the .:, oed; ,.' .' ns ,knowing themselves to be indebted t~ said ,,' Estate will make payment immediately, and those having claims will present them for settlement to: Linda F. Fisher, Executrix cia Bradley L. Griffie, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Street ' Carlisle, PA 17013 (717) 243-5551 . (800) 347-5552 Sworn to and subscribed before me this 31st day of January, 2006. ~" C'-/tllSb.Nl) Y? UJ~ Notary P 'c My commission expires: C; It / ()f COMMONWEALTH OF PENNSYLVANIA Notarial Seal Chnstina L Wolfe. Notary Public C.arhsle 80m Cumbefland County My CommiS,,;/0I1 Expires Sepl1, 2008 Member, Pennsylvar' A&Sociation Of Notaries