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HomeMy WebLinkAbout07-26-07 FIRST AND FINAL ACCOUNT OF Phillip A. Smith and Janet K. Bitting, Co-Executors For ESTATE OF Winifred M. Smith, Deceased Date of Death: Date of Executor's Appointment Accounting for the Period: March 9, 2006 March 15, 2006 March 15, 2006 to June 30, 2007 G I S1S 3tfi.QJ -n ,51 <j?/1~ Purpose of Account: Phillip A. Smith and Janet K. Bitting, Co-Executors, offer this account to acquaint interested parties with the transactions that have occurred during their administration. The account also indicates the proposed distribution of the estate. It is important that the account be carefully examined. Requests for additional information or questions or objections can be discussed with: R. Scott Cramer, Attorney at Law P.O. Box 159 Duncannon,PA 17020 717 -834-5700 2 ...g 4"\1 TO ;:~; tB \j-""""""" :JC) ': ,;;? -,'1 " ::0 "-I r-~ C-',-? c.-::l _I <- c::: I N (J\ ~ J_ - .. W N Page 2 SUMMARY OF ACCOUNT Current/Fiduciary Value Proposed Distribution to Beneficiaries $ 7.578.96 Principal Receipts Less Disbursements: Debts of Decedent Funeral Expenses Administration Expenses State Taxes Fees and Commissions Balance before Distributions Distributions to Beneficiaries Principal Balance on Hand $ 158,349.91 $ 1,525.01 5,720.68 653.66 6,163.93 14.644.00 28.707.28 $ 129,642.63 122.078.98 $ 7,563.65 Income Receipts Income Balance on Hand Combined Balance on Hand $ 15.31 $ 15.31 7.578.96 Receipts of Principal Assets Listed in Inventory per copy attached Receipts Subsequent to Inventory (Value When Received) 04/18/06 Ameriprise Mutual Fund D 011252826564 3 002 received in cash $ 303.09 04/18/06 Ameriprise Mutual Fund C 01132826564 7 002 received in cash $ 4.86 Total Receipts of Principal Disbursements of Principal $ 158,041.96 $ 307.95 $ 158.349.91 Debts of Decedent 04/19/06 Verizon, telephone bill $ 63.07 04/19/06 T-Mobile, combined balance 47.58 04/19/06 Debbie Lupoid, real estate taxes 196.31 05/10/06 Council of Westwood Village, fees 184.00 05/11/06 PP&L utilities 276.06 05/11/06 Pennsylvania American Water, utilities 42.09 05/11/06 East Pennsboro Twp., services 115.00 05/31/06 Carol Peganoff, reimbursement, care provider 600.00 $ 1,525.01 Funeral Expenses 04/19/06 Phillip Smith, funeral expenses* $ 4,870.68 05/31/06 Gingrich Memorials, gravestone, partial payment 395.00 08/18/06 04/19/06 04/26/06 04/25/06 OS/20/06 OS/22/06 06/05/06 06/15/06 06/15/06 06/05/06 06/05/06 Reserved Reserved Gingrich Memorials, vase, marker, foundation balance Administration Expenses Register of Wills, probate fees The Sentinel, estate notice Cumberland Law Journal, estate notice Janet Bitting, reimbursement, appraisal Phillip Smith, reimbursement, real estate ad Register of Wills, filing fees PNC Bank, estate checks, printing PNC Bank, service fee State Taxes Register of Wills, inheritance tax Fees and Commissions R. Scott Cramer, Esquire, attorney's fees $ Phillip Smith, executor's commission Janet K. Bitting executor's commission Total Disbursements of Principal Page 3 455.00 $ 70.00 187.85 75.00 90.00 153.82 30.00 26.99 20.00 5,720.68 653.66 6,163.93 7,322.00 3,661.00 3.661.00 14,644.00 $ 28,707.28 Distributions of Principal to Beneficiaries Mutual Funds & Annuities Ameriprise: A. Acct #010113125248002 Ameriprise: B. Acct #01126543503 9 002 Ameriprise: A. Acct #093001487442 2 004 Ameriprise: B. Acct #93006642660 0 004 TO: Son, Phillip A. Smith in satisfaction of Article THIRD of Will TO: Daughter, Janet K. Bitting, in satisfaction of Article THIRD of Will TO: Son, Richard J. Smith, in satisfaction of Article THIRD of Will TO: Daughter, Carol M. Peganoff, in satisfaction of Article THIRD of Will Realty Residence: 789 Lee Lane, Enola, PA TO: Son, Phillip A. Smith in satisfaction of Article THIRD of Will TO: Daughter, Janet K. Bitting, in satisfaction of Article THIRD of Will TO: Son, Richard J. Smith, in satisfaction of Article THIRD of Will TO: Daughter, Carol M. Peganoff, in satisfaction of Article THIRD of Will Total Distributions of Principal to Beneficiaries $12,269.74 12,269.74 12,269.75 12.269.75 $ 49,078.98 $18.250.00 18,250.00 18,250.00 18.250.00 73.000.00 $ 122.078.98 Cash PNC Bank, estate account Principal Balance on Hand Information Schedule - Principal *04/19/06 Phillip Smith, funeral expenses: PSECU shares PSECU chk acct Advance Phillip Smith Refund Deposit to estate Balance to estate Total Expenses paid, Phillip Smith Interest 06/06/06 PNC Bank, estate account interest PNC Bank, estate account interest PNC Bank, estate account interest 07/14/06 08/14/06 Receipts of Income $ 3.95 4,193.43 800.00 (62.65) (1.00) (63.05) $ 4,870.68 $ 1.90 6.28 7.13 Page 4 $ 7,563.65 $ 15..31 Proposed Distributions to Beneficiaries Per Article THIRD of Will TO: Phillip A. Smith Cash Per Article THIRD of Will TO: Janet K. Bitting Cash Per Article THIRD of Will TO: Richard J. Smith Cash Per Article THIRD of Will TO: Carol M. Peganoff Cash $ 1,894.74 $ 1,894.74 $ 1,894.74 $ 1,894.74 Page 5 $ 7.578.96 ~ \ 5 <6 3 ~9 ,c1 \ D 'l Sl ~,9to DECEDENT'S ESTATE COURT OF COMMON PLEAS OF Cunberland COUNTY, PENNSYL VANIA ORPHANS' COURT DIVISION ESTATE OF Winifred M. Smith , DECEASED No. 2006-00227 PETITION FOR ADJUDICATION / STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.C. Rule 6.9 C) {- ~;;; (2 f'..) c', :.;-.. ) ! ) This form may be used in all cases involving the Audit of the Account of a Decedent 's~sfJtte. If.. space is insufficient, riders may be attached. Attach the spouse's election, if any; tHe papers c,,) required under items 8-19 inclusive; and any instrument pertinent to the adjudication. N ~....- -:; INCLUDE ATTACHMENTS AT THE BACK OF THIS FORM. Name of Counsel: R. Scott Cramer Supreme Court I.D. No.: 22810 Name of Law Firm: Address: P.O. Box 159 Telephone: 7178345700 Fax: 7178345700 Form OC-OJ rev. 10.13.06 Page 1 of 10 Estate of Winifred M. Smith , Deceased 1. Name(s) and addressees) ofPetitioner(s): Name: Phillip A. Smith Janet K. Bitting Address: 942 Maplewood Lane 1495 New Valley Road Eno1a, P A 17025 Marysville, PA 17053 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? . . . . . . . . . . . . . . . . . . . .. ~ 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 March 9, 2006 ~ Letters Testamentary or o Letters of Administration were granted to Petitioner(s) on Date of Will (ifapplicable): May 26,2005 Date(s) ofCodicil(s) (ifapplicable): None Date of probate (if different from date Letters granted): March 15, 2006 Was a bond required? DYes 0 No If yes, state amount: Are proofs of advertising of the grant of Letters attached? ......... 121 Yes 0 No Dates of advertising of the grant of Letters: April 19, 2006 Form OC-OJ rev. 10.13.06 Page 2 of 10 Estate of Winifred M. Smith , Deceased 3. Was decedent survived by a spouse? . . . . . . . . . . . . . . . . . . . . . . . . . . . .. DYes 0 No If yes, name of the surviving spouse: 4. Has the surviving spouse filed to take an elective share? ............. DYes (2) 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)? . . . . . . . . . .. 0 Yes ~ No Were any children born to decedent after execution of WillorCodicil(s)? ........................................... DYes ~ 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. 9 1412, was a request for a statement of claim sent to the Department of Public Welfare? .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . DYes f2] No Form OC-01 rev. 10.13.06 Page 3 of 10 Estate of Winifred M. Smith , Deceased 8. Written notice of the Audit as required by Pa. a.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. a.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. a.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 Relationshio and Comments, if any Interest Phillip Smith Son 1/4 Janet Bitting Daughter 1/4 Form OC-OI rev. 10.13.06 Page 4 of 10 Estate of Winifred M. Smith , Deceased Name and Address of Each Party in Interest RelationshiD and Comments, if any Interest Richard Smith Son 1/4 Carol Peganoff Daughter 1/4 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. N/A C. State why a Petition for GuardianlTrustee Ad Litem has or has not been filed for this Audit (~ee Pa. o.c. Rule 12.4). N/A 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. N/A Form DC-OJ rev. 10.13.06 Page 5 of 10 Estate of , 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? SEE A TT ACHED SCHEDULES DYes DYes H and I, all were admitted and all DNo DNo were paid in full 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. 9 3392 and the proposed payments. 11. Was family exemption claimed? DYes JaNo DYes DNo Was family exemption allowed? Family exemption claimant's name and relationship: Name: Relationship: Form OC-OI rev. 10.13.06 Page 6 of 10 Estate of , 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 6/5/06 $6,163.93 0.00 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 ofa fiduciary? . . . . . . . . . . . . . . . ., . . DYes 181 No 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: wI" B. Has notice of the question requiring adjudication been given to the parties identified in Paragraph 9 above? .................. DYes 0 No 15. If Petitioner( s) has/have know ledge 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-OI rev. 10.13.06 Page 7 oflO Estate of Winifred M. Smith , Deceased 16. Had the decedent been adjudicated an incapacitated person? . . . . . . . . . . DYes 0 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. B. Has notice of the additional receipts and disbursements been given to the parties identified in Paragraph 9 above? ............. 0 Y es ~ No 18. If a reserve is requested, state amount and purpose. Amount: 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? ........................................ DYes ~No If so, attach a copy of the notice. 19. Is the Court being asked to direct the filing of a Schedule of Distribution? DYes ~No As to real estate only? ........................................ DYes 0 No Form DC-01 rev. 10.13.06 Page 8 of 10 Estate of , 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 B. Principal: Proposed Distributee(s) Amount/Proportion Phillip A. Smith $1,894.74 Janet Bitting $1,894.74 Richard 1. Smith $1,894.74 Carol Peganoff $1,894.74 Submitted By: (All petitioners must sign. Add additional lines if necessary): p~ Xl .~ Name of Petitioner: P '" ill, P J'/ S~, f-L... P<- o Form OC-OJ rev. JO.13.06 Page 9 of 10 Estate of Winifred M. Smith , 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. ~ 4904 (relating to unsworn falsification to authorities). Signature of Petitioner * 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 fOnTI have been made beyond the responses herein. 9 Form DC-OJ rev. JO.13.06 Page 10 of 10 ";'.:In ":.~ <;.:",;;,"_'~;l;;~;~T:-?-:q1 ~ ON OF NOTICE UNDER RULE 5.6 a Name of Decedent: i ni red M. Smith Date of Death: 2006-00227 Will No. 2006 Admin. No. To the Register: I certify that notice of beneficial interest required by Rule 5.6 (a) of the Orphans' Court Rules was served on or mailed to the following beneficiaries oCthe above-captioned estate on March 29, 2006 liIIU Address Phillip A. Smith 942 Maplewood Lane, Enola, PA I7025 Janet K.Bitti ng // 1495 New Valley Rd., Marysville, PA 17053 Richard J. SMith 208 S. Front St., Wormleysburg, PA 17043 Carol M. Peganoff 1944 East Vinedo Lane, Tempe, AZ 85284 Notice has now been given to all persons entitled thereto under Rule 5.6 (a) except Date: (3/dl9h~ I I /;(j~~C- S(gnatu Name R. Scott Cramer, Esqui re Address P. O. Drawer #159 Duncannon, PA 17020 Telephone 717-834-5700 Capacity: _ Personal Representative ~ Counsel for personal representative SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS ESTATE OF Winifred M. Smith FILE NUMBER 2006-0027 Debts of decedent must be reported on Schedule I ITEM NUMBER DESCRIPTION AMOUNT A. FUNERAL EXPENSES: Funeral Home - Sullivan Funeral Home $ 4,692.00 Grave stone 395.00 Vase holder ADMINISTRATIVE COSTS: 160.00 I. Personal Representative's Commissions Name of Personal Representative (s) Social Security Number(s) /EIN Number of Personal Representative(s) Street Address: City State Zip 2. ATTORNEY FEES R. Scott Cramer Law Office 7,322.00 4. FAMILY EXEMPTION: (If decedent's address is not the same as claimant's, attach explanation) Claimant - Street Address - City - State Relationship of Claimant to Decedent Zip - 4. 5. PROBATE FEES - Register of Wills of Cumberland County ESTATE NOTICE - Cumberland Law Journal 70.00 75.00 6. David H. Shumaker- appraisal 90.00 TOTAL (Also enter on line 9. Recaoitulation) 12,804.00 SCHEDULE I DEBTS OF DECEDENT, MORTGAGE LIABILITIES AND LIENS ESTATE OF Winifred M. Smith File Number: 2006-00227 ITEM DESCRIPTION AMOUNT 1. Verizon - phone 63.07 2. T-Mobile 95.16 3. PPL 276.96 4. Pennsylvania American Water 42.09 5 . West Shore EMS - ambulance 608.49 TOTAL (Also enter on line 10. Recaoitulation) (If more space is needed. insert additional sheers of same size.) 1 , 05 fl .~