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HomeMy WebLinkAbout10-18-07 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. ORPHANS' COURT DIVISION FILE NO: 21-06-0563 FIRST AND FINAL ACCOUNT OF Robert F. Bender For ESTATE OF VIRGINIA E. BENDER Social Security #: Tax ID #: Date of Death: Date of Incapacity, if any: Date of Executor Appointment: Date of First Complete Advertisement: Accounting for the period: 188-12-4343 N/A June 11, 2006 None June 23, 2006 July 19, 2006 June 11, 2006 to September 6, 2007 Purpose of Account: Robert F. Bender, Executor, offers this Account to acquaint interested parties with the transactions that have occurred during his Administration. It is important that the Account be carefully examined. Requests for additional information, questions or objections can be discussed with: Richard C. Snelbaker Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 Phone #: 717-697-8528 Supreme Court I.D. No: 06355 ') , -'m._..l C~.,~ . ~ - 1 c..; i I I.:::> C:..J i') LAW OFFICES SNELBAKER Be BRENNEMAN. P.C. Page 1 LAW OFFICES SNELBAKER & BRENNEMAN. P.C. SUMMARY OF ACCOUNT PRINCIPAL Receipts PAGE 3 $3,676.24 $3,676.24 Less Disbursements/Claims to be paid upon confirmation of account Class I Claims: Class II Claims Class III Claims Class IV Claims Class V Claims Class VI Claims Balance before Distributions Distributions to Beneficiaries Principal Balance on Hand For Information: Investments Made Changes in Holdings INCOME Receipts Less Disbursements Balance before Distributions Distributions to Beneficiaries Income Balance on Hand COMBINED BALANCE ON HAND Listing of Unpaid Creditors Listing of Persons Interested in Distribution Estate Affadivit Page Page 2 3 3 3 3 3 4 $1,130.11 $2,546.13 $0.00 $0.00 $0.00 $0.00 $3,676.24 $0.00 $0.00 $0.00 4 4 5 5 5 $0.00 5 $0.00 $0.00 5 $0.00 $0.00 $0.00 6 6 7 PRINCIPAL RECEIPTS Assets Listed on Inventory per copy of attached: (Valued as of Date of Death) ADJUSTMENTS TO INVENTORY SUBSEQUENT RECEIPTS TOTAL PRINCIPAL RECEIPTS DISBURSEMENTS OF PRINCIPAL CLASS I CLAIMS - COSTS OF ADMINISTRATION The following items are to be paid upon confirmation of accounting: ** Snelbaker & Brenneman, P.C., costs advanced a. Register of Wills, probate fee b. Register of Wills, filing fee Inheritance Tax Return c. Patriot-News, advertising Executors' Notice d. Cumberland Law Journal, advertising Notice Snelbaker & Brenneman, P.C., attorney fees Robert F. Bender, Executors' Commission Reserve for filing fees for Final Accounting, Inventory and certified mail costs TOTAL CLASS I CLAIMS TO BE PAID: ** ** ** CLASS II CLAIMS - FAMILY EXEMPTION NONE $3,676.24 $0.00 $0.00 $3,676.24 $ 291.69 72.00 15.00 129.69 75.00 500.00 183.00 155.42 $ 1,130.11 $0.00 CLASS III CLAIMS - COST OF FUNERAL AND BURIAL. AND THE COSTS OF MEDICINES FURNISHED WITHIN SIX MONTHS OF DEATH Partial payment to Commonwealth of Pennsylvania for reimbursement $ 2,546.13 for medical expenses incurred during last six months of decedent's life TOTAL CLASS III CLAIMS TO BE PAID: $ 2,546.13 ** CLASS IV CLAIMS - COSTS OF GRAVEMARKER UNPAID CREDITOR - Gingrich Memorials, inscription on gravemarker $0.00 in the amount of $125.00 plus $15.81 in interest LAW OFFICES SNELBAKER & BRENNEMAN. P.C. CLASS V CLAIMS - RENTS FOR OCCUPANCY OF THE DECEDENT'S RESIDENCE NONE $0.00 Page 3 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. CLASS VI CLAIMS - ALL OTHER CLAIMS UNPAID CREDITOR - Commonwealth of Pennsylvania for reimbursement of Class VI Claim in the amount of $306,025.19 $0.00 DISTRIBUTIONS OF PRINCIPAL TO BENEFICIARIES NONE $0.00 PRINCIPAL BALANCE ON HAND FIDUCIARY VALUE AT ACQUISITION 9/6/2007 VALUE Cash $ 3,676.24 $ 3,676.24 ** Less expenses to be paid subsequent to confirmation of First and Final Account as listed on page 3 of accounting TOTAL PRINCIPAL BALANCE ON HAND $ 3,676.24 $ 3,676.24 Page 4 INFORMATION SCHEDULES PRINCIPAL INVESTMENTS MADE NONE $0.00 CHANGES IN PRINCIPAL HOLDINGS NONE $0.00 RECEIPTS OF INCOME NONE $0.00 DISBURSEMENTS OF INCOME NONE $0.00 DISBURSEMENTS OF INCOME TO BENEFICIARIES NONE $0.00 LAW OFFICES SNELBAKER & BRENNEMAN. P.c. Page 5 LAW OFFICES SNELBAKER & BRENNEMAN. P.C. 1. 2. 1. * UNPAID CREDITORS: Commonwealth of Pennsylvania Department of Public Welfare Bureau of Financial Operations Division of Third Party Liability Estate Recovery Program Attention: Marie Trayer P.O. Box 8486, Harrisburg, PA 17105-8486 Class III Claim for remainder of unpaid medical expenses within the last six months of Decedent's life Class VI Claim for balance of medical expenses Gingrich Memorials 5243 Simpson Ferry Road, Mechanicsburg, PA 17050 Class IV Claim for inscription on gravemarker (Principal $125.00 plus interest $15.81) ** PERSONS INTERESTED IN DISTRIBUTION OF ESTATE: Robert F. Bender 32 Fieldcrest Drive Mechanicsburg, PA 17050 Page 6 $ 29,455.85 $ 306,025.19 $ 140.81 $0.00 COMMONWEALTH OF PENNSYLVANIA 55. COUNTY OF CUMBERLAND Robert F. Bender, being duly sworn according to law deposes and says: that he is the Executor of the Estate and under the Last Will and Testament of Virginia E. Bender, Deceased; that he is the Accountant herein; that the foregoing is a true and complete accounting of his administration of said Estate; that the attached list or schedule [*] contains the names, addresses and amounts due unpaid creditors who have given proper notice of their claims; that the attached list or schedule [**] contains the names and addresses of all persons interested in the distribution of said Estate; and that the facts set forth herein are true and correct to the best of his knowledge, information and belief. 1?~ J~ 13~cL~ Robert F. Bender, Executor Sworn to and subscribed before me this 13 day of <;"epteJMb.e "- 2007 ~CiJ&tauk~ COMMONW LTH OF PENNSYLVANIA Notarial Seal Sandra K Showers, NolaIy Public MechanIcsburg Boro. Cumbertand County My CommIssIon Expires Nov. 22. 2007 Member, Pennsylvania Association Of Noterlel LAW OFFICES SNELBAKER & BRENNEMAN. P.C. Page 7 o DECEDENT'S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF VIRGINIA E. BENDER , DECEASED No. 21-06-0563 PETITION FOR ADJUDICATION / STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.C. Rule 6.9 Thisform 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. -.' .> _.1 INCLUDE ATTACHMENTS AT THE BACK OF THIS FORM. CJ \..C) D N Name of Counsel: Richard C. Snelbaker Supreme Court I.D. No.: 6355 Name of Law Firm: Snelbaker & Brenneman P.c. Address: 44 West Main Street, Mechanicsburg, P A 17055 Telephone: (717) 697-8528 Fax: (717) 697-7681 Form OC-Ol rev. 10.13.06 Page 1 of 10 Estate of VIRGINIA E. BENDER , Deceased 1. Name(s) and addressees) ofPetitioner(s): Name: Robert F. Bender Address: 32 Fieldcrest Drive Mechanicsburg, PA 17050 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? . . . . . . . . . . . . . . . . . . . .. ILl 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 June 11,2006 ILl Letters Testamentary or o Letters of Administration were granted to Petitioner(s) on June 23. 2006 Date of Will (ifapplicable): June 27,1980 Date(s) ofCodicil(s) (if applicable): N/A Date of probate (if different from date Letters granted): same Was a bond required? []Yes ILl No If yes, state amount: Are proofs of advertising of the grant of Letters attached? ......... IZ] Yes 0 No Dates of advertising of the grant of Letters: Patriot News, July 5,12,19,2006 Cumberland Law Joumal- July 7, 14,21,2006 Form OC-OJ rev. 10.13.06 Page 2 of 10 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever Slice; That the printed notice or pub1ic"ation which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 5th, 12th and 19th day(s) of July 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy knowlnlJ themselves to be In - Estate will make payment 1m clnitthosllhavlnlJ claims will present them tor settlement to: . RobertF. Bender 32FleldueSt Drive MechanlesburlJ. PA'l7OSlt . Exeelltor & BRE~NEMAN, P.c. SNELBAKER, BRENNEMAN & SPARE 44 WEST MAIN STREET MECHANICSBURG, PA. 17055 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 swom, according to law, deposes and says that the Cumberland Law Jouma1, 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 Joumal on the following dates, VIZ: July 7, July 14, and July 21,2006 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. Bender, Virginia E., dec'd. Late of Middlesex Township. Executor: Robert F. Bender, 32 Fieldcrest Drive, Mechanicsburg, PA 17050. Attomeys: Snelbaker & Brenne- man, P.C., 44 West Main Street, P.O. Box 318, Mechanicsburg, PA 17055-0318. SWO 0 AND SUBSCRIB before me this 21 day of July, 2006 r; G ~' .<1-.eL~AVd. .7 'l"~' - Notary . NOTARIAl. SEAL DEBORAH A COlLINS Notary PublIc CARlISLE BORO. CUMBERlAND COUNlY My Commlsalon ExpIres AfX 21. 20\0 Estate of VIRGINIA E. BENDER , Deceased 3. Was decedent survived by a spouse? . . . . . . . . . . . . . . . . . . . . . . . . . . . .. DYes IZl 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~. 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)? . . . . . . . . . .. DYes IZl No Were any children born to decedent after execution of Will or Codicil(s)? ........................................... DYes IZl 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. ~ 1412, was a request for a statement of claim sent to the Department of Public Welfare? . . . . . . . . . . . . . . . . . . . . . . . . . . . . " DYes IZI No Form OC-OJ rev. 10.13.06 Page 3 of 10 Estate of VIRGINIA E. BENDER , 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. Ifany person entitled to Notice is not suijuris (e.g., minors or incapacitated persons), Notice ofthe 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 Party in Interest Relationship and Comments, if anv Interest See page six of the Accounting Form DC-OI rev. 10.13.06 Page 4 ofl 0 Estate of VIRGINIA E. BENDER , Deceased Name and Address of Each Partv in Interest Relationship and Comments, if any I Interest 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. N/A 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). 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 VIRGINIA E. BENDER , 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 a/Claim Claim Will ClOlm Admitted? Be Paid In Full? See page six of Accounting for listing IZ]Yes DYes of Unpaid Creditors DNo IZ]No 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. S 3392 and the proposed payments. Was family exemption allowed? .,. ... .. .. . .. .. ....... ........ . . DYes DYes IZ]No IZ]No 11. Was family exemption claimed? Family exemption claimant's name and relationship: Name: Relationship.. Form OC-Ol rev. 10.13.06 Page 6 of 10 Estate of VIRGINIA E. BENDER , 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 No tax due estate is insolvent 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? . . . . . . . . . . . . . . . . . . . DYes 0 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: N/A B. Has notice of the question requiring adjudication been given to the parties identified in Paragraph 9 above? .................. DYes t:l No 15. IfPetitioner(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. Form OC-OI rev. 10.13.06 Page 7 of 10 Estate of VIRGINIA E. BENDER , Deceased 16. Had the decedent been adjudicated an incapacitated person? . . . . . . . . . . DYes IZl 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? ............. DYes D No 18. If a reserve is requested, state amount and purpose. 155.42 Amount: Purpose: Filing fee for Inventory, First and Final Account and certified mail costs. 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 D 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 IZlNo As to real estate only? ........................................ DYes IZl No Form DC-OJ rev. 10.13.06 Page 8 of 10 Estate of VIRGINIA E. BENDER , Deceased Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that he/she he is title Executor of the above-named name of corporation Estate of Virginia E. Bender 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). 7? o..L7f .?-! ~~ Signature of Petitioner 0 ert . en er, Executor * 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. ~~ Signature of Counsel for Petitioner Richard C. Snelbaker, Esquire Form OC-OJ rev. 10.13.06 Page 10 of 10 Estate of VIRGINIA E. BENDER , 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 See page 2 & 3 for listing of claim amounts to be paid upon confirmation of accounting. Submitted By: (All petitioners must sign. Add additional lines if necessary): ;J?&,j~JI 'i (~ ;:3 0 _."L / __ r Name of Petitioner: Robert F. Bender, Executor Name of Petitioner: Form OC-OJ rev. 10.13.06 Page 9 of 10