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HomeMy WebLinkAbout06-29-07 ~~ "'^ .f6~3'11, It) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA ORPHANS' COURT DIVISION FILE NO. 21-06-656 FIRST AND FINAL ACCOUNT OF LYNNE E. LANDI, ADMINISTRATRIX For EST ATE OF RUTH A. STAKE, DECEASED Social Security #: Tax ID #: Date of Death: Date of Incapacity, if any: Date of Appointment: Date of First Complete Advertisement: Accounting for the period: 296-14-0053 20-7020862 June 24, 2006 None July 24, 2006 The Sentinel: August 4, 11 and 18, 2006 Cumberland Law Journal: August 25, September 1 and 8, 2006 June 24, 2006 to May 31, 2007 Purpose of Account: The Administratrix offers this Account to acquaint interested parties with the transactions that have occurred during the Administration. It is important that the Account be carefully examined. Requests for additional information, questions or objections can be discussed ~<5S with:J, '::.9 0 ' ,~S; ".~:1J < .. en 7' Wayne F. Shade, Esquire () 0 ,-o-n 53 West Pomfret Street dS5 Carlisle, Pennsylvania 17013--o~ 717-243-0220 y Supreme Court I.D. No. 15712 ';;3 c;::;) .....J c- c:: -;;e. '" \.D -0 ::1' r:- ., o uJ \-"\P\ ,.-"."j , .' (") :Co ;::~) -n \':'.J C) .~--C\ -,-I . . I::") '" l.,r' SUMMARY OF ACCOUNT PRINCIPAL PAGES Receipts 3 $89,022.63 Net Gain or Loss on Sales or 3 468.18 $89,490.81 Disposition Less Disbursements: Debts of Decedent 3 $12,623.05 Funeral Expenses 4 3,375.00 Administration Expenses 4 894.29 Federal, State & Local Taxes 4 3,000.00 Fees and Commissions 4 3.000.00 5 (22.892.34) Balance before Distributions $66,598.47 Distributions to Beneficiaries 4 (5.000.00) Principal Balance Remaining $61,598.47 INCOME Receipts 5 $1,685.81 Less Disbursements 5 0.00 Income Balance Remaining 1.685.81 COMBINED BALANCE $63.284.28 REMAINING Verification 6 -2- 8/30/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/22/06 6/19/06 5/25/07 9/19/06 PRINCIPAL RECEIPTS PNC Bank, Checking Account #5140061203 Members 1st Federal Credit Union, Account #15170-00 Members 1st Federal Credit Union, Account #15170-04 Members 1st Federal Credit Union, Account #15170-05 Members 1 st Federal Credit Union, Account # 15170-49 Members 1st Federal Credit Union, life insurance Manulife Financial Corporation, 400 shares of common stock Manulife Financial Corporation, dividend issued prior to date of death U.s. Treasury, 2006 federal income tax return TOTAL PRINCIPAL RECEIPTS PRINCIPAL GAIN ON SALE 400 Shares Manulife Financial Corporation Net proceeds $12,760.18 Acquisition value 12.292.00 NET TRANSFERRED TO SUMMARY PRINCIPAL DISBURSEMENTS DEBTS OF DECEDENT 9/19/06 Alert Pharmacy Services, Inc., pharmaceuticals 9/25/06 Messiah Village, nursing home services TOTAL DEBTS OF DECEDENT -3- $12,532.94 997.21 4,002.52 4,164.22 50,886.75 3,500.00 12,292.00 52.99 594.00 $89,022.63 $468.18 $468.18 $23.05 12.600.00 $12,623.05 FUNERAL EXPENSES 9/19/06 Myers Funeral Home, Inc., funeral services ADMINISTRATION EXPENSES 9/19/06 Wayne F. Shade, reimbursement for Register of Wills, probate Cumberland Law Journal, advertise Letters of Administration Register of Wills, Short Certificate $177.00 75.00 4.00 9/19/06 2/16/07 3/21/07 3/27/07 5/31/07 The Sentinel, advertising Letters of Administration Register of Wills, Short Certificate Register of Wills, filing inheritance tax return Register of Wills, additional probate Register of Wills, reserve for filing Account, etc. TOT AL ADMINISTRATION EXPENSES FEDERAL, STATE AND LOCAL TAXES 9/19/06 Register of Wills, estimated inheritance tax FEES AND COMMISSIONS 5/31/07 Wayne F. Shade, attorney fee TOTAL PRINCIPAL DISBURSEMENTS DISTRIBUTIONS 3/ 8/07 Lynne E. Landi -4- $3,375.00 $256.00 144.29 4.00 15.00 75.00 400.00 $894.29 $3,000.00 $3,000.00 $22,892.34 $5,000.00 8/30/06 9/19/06 5/31/07 INCOME RECEIPTS PNC Bank, interest on checking account #5140061203 Members 1 st, interest on account # 151 70 Orrstown Bank, interest on savings account #708001012 TOTAL INCOME RECEIPTS INCOME DISBURSEMENTS None TOTAL INCOME DISBURSEMENTS -5- $7.88 477.43 1.200.50 $1,685.81 None VERIFICATION LYNNE E. LANDI, Administratrix C.t.a. of the Will of Ruth A. Stake, Deceased, hereby declares under oath that she has fully and faithfully discharged the duties of her office; that the foregoing First and Final Account is true and correct and fully discloses all significant transactions occurring during the accounting period; that all known claims against the Estate have been paid in full; that, to her knowledge, there are no claims outstanding against the Estate; that all taxes presently due from the Estate have been paid; and that the grant of Letters of Administration and the first complete advertisement thereof occurred more than four months before the filing ofthe foregoing First and Final Account. This statement is made subject to penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. Date: June 29, 2007 ~(~ Lynne E. Landi -6- IN RE: ESTATE OF RUTH A. STAKE, Deceased, Late of the Township of Upper Allen, Cumberland County, Pennsylvania : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : NO. 21-06-656 STATEMENT OF PROPOSED DISTRIBUTION The Administratrix proposes to distribute the entire balance of the Estate for distribution under the provisions of Item Third of the Last Will and Testament of the decedent, as follows: 1. Lynne E. Landi, cash $29,142.15 2. Wendy J. Alspaugh, cash 11,380.71 3. Carrie A. Hoy, cash 11,380.71 4. Daniel B. Hoy, cash 11.380.71 o <:;0 --~:j ?6 ,-,-0 '$~ ?::o (j) 7""- C)Q -0 .- -;Q-n :; ,-......e- :j :0 ~ .. =---t . . :0 0 I, LYNNE E. LANDI, Administratrix c.t.a. of the Estate ofIfuth A. Stlfltb, Deceased, hereby declare under penalty of perjury that the foregoing Statement of Proposed Distribution is true and correct to the best of my knowledge, information and belief. TOTAL r-.> c::;:) .. c::;:) ~j ~63~2Sg8 ~t'( '::t5 roc " ;-'-n .~ ,', U)----' C:;J, " . c==) . ,11 Date: June 29, 2007 (/H'^~f-~ Lynne E. Landi WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 DECEDENT'S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ORPHANS' COURT DIVISION ESTATE OF RUTH A. STAKE , DECEASED No. 21-06-656 PETITION FOR ADJUDICATION / STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.C. Rule 6.9 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 acijudication. INCLUDE ATTACHMENTS AT THE BACK OF THIS FORM. Name of Counsel: Wayne F. Shade, Esquire Supreme Court J.D. No.: 15712 Name of Law Firm: Address: 53 West Pomfret Street, Carlisle, PA 17013 Telephone: 717-243-0220 Fax: 717-249-0017 ("") 1- m -n ~ C)r:) ;~;? :::1'1 :'0 -u-1 )> Form OC-OJ rev. JO.13.06 Page 1 of! 0 """ = = --.i r C :;;1:: N \.0 " .-::0 i---rt C") C-:::> :-'~J \:":'J en '::::1 [~)O .- 1 ,~rl .-' tl :: - r~ m :x J:::"' C> W Estate of RUTH A. STAKE , Deceased ]. Name(s) and addressees) ofPetitioner(s): Name: Lynne E. Landi Address: 607 Brad Street Shippensburg, P A 17257 IdentifY any executors or administrators who have not joined in the Petition for Adjudication and Statement of Proposed Distribution and state reason: Is this the first accounting by this fiduciary? . . . . . . . . . . . . . . . . . . . . . IZiI Yes 0 No If not, identifY prior accountings, the accounting periods covered, and the date of adjudication ofthe prior accounting. 2. Decedent died on June 24, 2006 o Letters Testamentary or [llLetters of Administration were granted to Petitioner(s) on Julv 24. 2006 Date of Will (if applicable): May 18, 1990 Date(s) ofCodicil(s) (if applicable): Date of probate (if different from date Letters granted): Was a bond required? DYes IZiI No If yes, state amount: Are proofs of advertising of the grant of Letters attached? ......... IZiI Yes 0 No Dates of advertising of the grant of Letters: Cumberland Law Joumal- August 25, September I and 8, 2006; The Sentinel - August 4, II and 18, 2006 Form DC-OJ rev. JO.13.06 Page 2 of 10 Estate of RUTH A. STAKE , Deceased 3. Was decedent survived by a spouse? . . . . . . . . . . . . . . . . . . . . . . . . . . . .. DYes Ii] No If yes, name ofthe surviving spouse: 4. Has the surviving spouse filed to take an elective share? ............. D Yes D No (See Section 2201 et~. 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 (ifnone, so state): 6. Did decedent marry after execution of Will or Codicil( s)? . . . . . . . . . " DYes Ii] No Were any children born to decedent after execution of Will orCodicil(s)? ........................................... DYes Ii] No If yes, give names and dates of birth: Name: Date of Birth: 7. lfrequired by the Medical Assistance Estate Recovery Act, 62 P.S. ~ 1412, was a request for a statement of claim sent to the Department of Public Welfare? . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Ii]Yes D No Form OC-OJ rev. 10.13.06 Page 3 of 10 Estate of RUTH A. STAKE , 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 to 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 ofthe 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 ofthe 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. Ifany person entitled to Notice is not suijuris (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) haslhave notice or knowledge, having or claiming any interest in the estate as beneficiaries under the Will or Codicil(s) or as intestate heirs ifthere 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 Party in Interest Relationshio and Comments, if anv Interest Lynne E. Landi 607 Brad Street Shippensburg, PA 17257 Daughter One-half Wendy J. Alspaugh 46 Farmington Lane Elizabethtown, PA 17032 Granddaughter One-sixth Form OC-OI rev. 10.13.06 Page 4 of to Estate of RUTH A. STAKE , Deceased Name and Address of Each Partv in Interest Relationshiv and Comments, if anv Interest Carrie A. Hoy 71 Dogwood Road Hamburg, P A 19526 Granddaughter One-sixth Daniel B. Hoy 307 Brandy Lane Mechanicsburg, PA 17055 Grandson One-sixth B. Identify each party who is not suijuris (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. C. State why a Petition for Guardianrrrustee Ad Litem has or has not been filed for this Audit (see Pa. o.c. Rule 12.4). 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. Form OC-OI rev. 10.13.06 Page 5 of 10 Estate of RUTH A. STAKE , 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. ~ 3392 and the proposed payments. 11. Was family exemption claimed? .."""""""""".."""""""".""."""",, " DYes IZlNo IZlNo Was family exemption allowed? """""".""".""""""".""""""""""",, " DYes Family exemption claimant's name and relationship: Name: Relationship: Form OC-O I rev. 10.13. 06 Page 6 of 10 Estate of RUTH A. STAKE , 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 September 19,2006 3,000.00 Residue 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 of a fiduciary? . . . . . . . . . . . . . . . . . . . 0 Yes Ii] No If yes, provide the name ofthe 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 ofthe Petitioner(s) as to each question: B. Has notice ofthe question requiring adjudication been given to the parties identified in Paragraph 9 above? .................. 0 Yes 0 No 15. IfPetitioner(s) haslhave 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. Form DC-OJ rev. 10.13.06 Page 7 of 10 Estate of RUTH A. STAKE , Deceased 16. Had the decedent been adjudicated an incapacitated person? . . . . . . . . . . 0 Yes IZI No If yes, attach a copy ofthe 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? ............. 0 Ves 0 No 18. Ifa reserve is requested, state amount and purpose. Amount: 400.00 Purpose: 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? ........................................ DVes 0 No If so, attach a copy of the notice. 19. Is the Court being asked to direct the filing of a Schedule of Distribution? ......................... . IZIVes DNo As to real estate only? ........................................ DVes IZI No Form OC-OJ rev. JO.13.06 Page 8 oft 0 Estate of RUTH A. STAKE , 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 Lynne E. Landi One-half Wendy J. Alspaugh One-sixth Carrie A. Hoy and Daniel B. Hoy One-sixth, each B. Principal: Proposed Distributee(s) Amount/Proportion Lynne E. Landi One-half Wendy J. Alspaugh One-sixth Carrie A. Hoy and Daniel B. Hoy One-sixth, each Submitted By: (All petitioners must sign. Add additional lines ifnecessary): Na~efL~qJ~ Name of Petitioner: Form OC-Ol rev. 10.13.06 Page 9 of 10 Estate of RUTH A. STAKE , 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 ofthe 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. ~ 4904 (relating to unsworn falsification to authorities). ~t~ S nature of Petitioner Lynne E. Landi * 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. t:U ~ Signatu~unsel for Petitiooer Wayne F. Shade, Esquire FormOC-01 rev. 10.13.06 Page 10 of! 0 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) August 04, 11, 18, 2006 COpy OF NOTICE OF PUBLICATION .... .._,;... ADMINISTRATRIX'S ~ Letters of Administration on the Estate of RUTH A. STAKE, late of Upper AllenTownship, Cumberland '. County, Pennsylvania, Deceased, have bet!'n granted to Lynne E.,Landi. . All persons knowing th!ilmselves to be indebted to said Estate Sl1all make payment immediately, and those having claims will present them fo, settlement to: Lynne .E. Landi' 607 Brad Street Shippensburg., PA 172.57 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 publication are true. ~ Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 Attorney ~ ~ Sworn to and subscribed before me this 23rd. day of August 2006. -~~t~ My commission expires: 'III/of COMMONWEALTH OF PENNSYLVANIA NoIariaI Seal Christina L. Wdfe, Notary Public GariisIe BolO, Cumbertand ColIlty My CommIssion Expires Sept. 1, 2008 Member. Pennsylvania Association Of Notaries PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND SSe 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: August 25, and September 1, 8, 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. Stake, Ruth A., dee'd. Late of Upper Allen Township. Administratrix: Lynne E. Landi, 607 Brad Street, Shippensburg, PA 17257. Attorney: Wayne F. Shade, Es- quire, 53 West Pomfret Street, Carlisle, PA 17013. SWORN TO AND SUBSCRIBED before me this 8 day of September. 2006 ~A~Jry~~~ IN RE: ESTATE OF RUTH A. STAKE, Deceased, Late of the Township of Upper Allen, Cumberland County, Pennsylvania : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : ORPHANS' COURT DIVISION : NO. 21-06-656 NOTICE OF FILING ACCOUNT AND STATEMENT OF PROPOSED DISTRIBUTION NOTICE is hereby given that the First and Final Account of Lynne E. Landi, Administratrix c.t.a. of the Estate of Ruth A. Stake, Deceased, and a Statement of Proposed Distribution of the balance of the assets of said Estate will be filed in the Office of the Register of Wills of Cumberland County, Pennsylvania, on or before July 27, 2007, and that the same will be called for confirmation on August 28,2007, at 9:30 A.M. in in the designated courtroom on the fourth floor of the Cumberland County Courthouse, Carlisle, Pennsylvania, at which time and place you may appear, either in person or by counsel. Copies of said First and Final Account and Statement of Proposed Distribution are enclosed herewith, and the originals as filed may be inspected in the Office of the Register of Wills of Cumberland County, Pennsylvania, at anytime prior to their presentation for confirmation. Unless objections to said First and Final Account or Statement of Proposed Distribution, or both, are filed in writing not later than 9:00 A.M. (prevailing time) of the date fixed for confirmation thereof unless otherwise permitted by the Court prior to confirmation, said First and Final Account will be confirmed; and distribution will be ordered according to the enclosed Statement of Proposed Distribution. If you have no objections to the enclosed, you do not need to appear in court at the time of confirmation. Date: June 29,2007 WAYNEF. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 tV~ ~QLu Wayne F. ade Attorney for Accountant WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle. Pennsylvania 17013 NOTICE TO: Lynne E. Landi 607 Brad Street Shippensburg, P A 17257 Wendy J. Alspaugh 46 Farmington Lane Elizabethtown, P A 17032 Carrie A. Hoy 71 Dogwood Road Hamburg, PA 19526 Daniel B. Hoy 307 Brandy Lane Mechanicsburg, PA 17055