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HomeMy WebLinkAbout10-26-07 ,1:QCJ C~_C. qy DECEDENT'S ESTATE : : --~ ~.,-, (' -j COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION f~' ~, ~. '. ~l '-.... \ ESTATE OF Joanne Taylor , DECEASED No. 21-06-0365 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 adjudication. INCLUDE ATTACHMENTS AT THE BACK OF THIS FORM. Name of Counsel: Bradley L. Griffie, Esquire Supreme Court I.D. No.: 34349 Name of Law Firm: Griffie & Associates Address: 200 North Hanover Street Telephone: 717-243-5551 Fax: 717-243-5063 Form OC-OJ rev. JO.13.06 Page 1 of 10 Estate of Joanne Taylor , Deceased l. Name(s) and addressees) ofPetitioner(s): Name: Lois G. Taylor Address: 370 Greenspring Road Newville, PA 17241 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? . . . . . . . . . . . . . . . . . . . . . IZI 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 19,2006 o Letters Testamentary or IZILetters of Administration were granted to Petitioner(s) on Aoril 26. 2006 Date of Will (if applicable): Date(s) of Codicil(s) (if applicable): Date of probate (if different from date Letters granted): Was a bond required? DYes IZINo If yes, state amount: Are proofs of advertising of the grant of Letters attached? ......... IZIYes DNo Dates of advertising of the grant of Letters: Newspaper: April 26, May 3, and May 10,2006; Law Journal: May 5, May 12, and May 19,2006 Form OC-OJ rev. 10.13.06 Page 2 of 10 Estate of Joanne Taylor , Deceased 3. Was decedent survived by a spouse? . . . . .. . . .. . . . . . . . . . . . . . . . . . .. DYes [l]No If yes, name of the surviving spouse: 4. Has the surviving spouse filed to take an elective share? . ).'iJ 1.?-\. . . . . . .. DYes 0 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): None 6. Did decedent marry after execution of Will or Codicil(s)? . . . . . . . . . .. D Yes [l] No Were any children born to decedent after execution of Will or Codicil(s)? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 Yes [l] 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? ............ ~/lL............. DYes D No Form OC-OJ rev. JO.13.06 Page 3 of 10 Estate of Joanne Taylor , 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 ofthe 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 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. 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 Relationshiv and Comments. if anv Interest None Form DC-Ol rev. /0./3.06 Page 4 of]O Estate of Joanne Taylor , Deceased Name and Address of Each Party in Interest Relationship and Comments, if any 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. 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). 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 FormOC-01 rev. 10.13.06 Page 5 of 10 Estate of Joanne Taylor , 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 Jn 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 DNo Was family exemption allowed? DYes Family exemption claimant's name and relationship: Name: Relationship: Form DC-OJ rev. 10.13.06 Page 6 of 10 Estate of Joanne Taylor , 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 January 19,2007 $1.000.00 .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 III 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: None B. Has notice of the question requiring adjudication been given to the parties identified in Paragraph 9 above? .................. D Yes D No N/I'l. 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. ;~/A Form OC-OI rev. 10.13.06 Page 7 of 10 Estate of Joanne Taylor , Deceased 16. Had the decedent been adjudicated an incapacitated person? . . . . . . . . . . 0 Yes [] 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? ............. 0 Yes 0 No N/A 18. If a reserve is requested, state amount and purpose. None Reques ted 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 DNo If so, attach a copy of the notice. 19. Is the Court being asked to direct the filing of a Schedule of Distribution? DYes IZJNo As to real estate only? ........................................ DYes IlINo Form DC-OJ rev. 10.13.06 Page 8 of 10 Estate of Joanne Taylor , 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 Lois G. Taylor 100% B. Principal: Proposed Distributee(s} Amount/Proportion Lois G. Taylor 100% Submitted By: (All petitioners must sign. Add additional lines if necessary): Name of Petitioner: Form DC-O/ rev. /0./3.06 Page 9 of 10 Estate of Joanne Taylor , 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. S 4904 (relating to unsworn falsification to authorities). * 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. Form OC-OJ rell.IO.13.06 Page 10 of 10 ~ p\tOOF OF l'UBLICt\'flON State of l'enn>yl",nia. count'! of Cut1lbet1and Ma"a er, of The Set\\:itlel, of \:be COUt\t)' ses and says IDa! 'fllE SE~t., a ,.. I CoU!\ty and. State I I' LDaS ! J t \4 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) April 26, and May 03, 10,2006 COpy OF NOTICE OF PUBLICATION 'c.VM' ':;;;~:;; .' : 's~'~,.. '~l,.~~~i. -lIo"" , q.. . . . \;liCo~tY,' ~1I.1l;.1l#: ~.. '. ~'t1:/';li"'> lto8$ld~ .. 19~e"-i";' Il(.tll:~~'~ . ~t~~;_;'1'!S~\~ ;}.-\'~,GfitrBB' -~:~r.fi~'--.1[d;?;-:'tt~' -h<<~,[j \f.l :' -.,..- Lols'G.'Taylor, Executrtl(.....- '.- .' C/o Bradley L. Griffie, Es ulre. . '. (717) 243.-5551 : I . r _"'dJ;-;i:~;~:'.;~};~:,:~i~:,~:~i~~.~:~,~:, '. 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 ~ Sworn to and subscribed before me this 10th. day of May 2006. C~Jt~iiut.n. ;q WQf.ML No'tary Pu~c My commission expires:q II/or COMMONWEALTH OF PENNSYLVANIA Notarial Seal ChrisIina L Wdfe, NoIary Public Carlisle 80m, Cumberland County My CommIsslon ExpIres Sept. 1, 2008 Member, Pennsylvania Association Of Notaries , . f . J PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA ss. COUNTYOFCUMrnERLAND 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: May 5, May 12, & May 19,2006 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. Taylor. JoAnne, dec'd. Late of Carlisle Borough. Executrix: Lois G. Taylor, c/o Bradley L. Griffie, Esquire, Griffie & Associates, 200 North Hanover Street, Carlisle, PA 17103. (717) 243-5551, (800) 347-5552. Attorneys: Bradley L. Griffie, Es- quire, Griffie & Associates, 200 North Hanover Street, Carlisle, PA 17103, (717) 243-5551, (800) 347-5552. SWORN TO AND SUBSCRIBED before me this 19 day of Ma 006 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL HENRY F. COYNE, NOTARY PUBLIC HAMPDEN TWP., CUMBERLAND COUNTY MY COMMISSION EXPIRES JUNE 11,2008 In re: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPAHNS COURT DIVISION : No. 2006-00365 : PA No. 21-06-0365 Estate of Joanne Taylor, late of Borough of Carlisle Cumberland County, Pa., deceased FIRST AND FINAL ACCOUNT OF Lois G. Taylor, Administratrix Estate of Joanne Taylor late of Borough of Carlisle, Cumberland County Pennsylvania, deceased CERTIFICATE OF CLERK The above Account was filed on October ,2007, last advertised May 29,2006, according to law, and is presented herewith to the Court of Common Pleas, Orphans' Court Division for confirmation. Date Clerk ORDER OF COURT , 2007, no exceptions or objections having been filed to the account or to the proposed schedule of distribution, the within account and schedule of distribution are confirmed and distribution is directed in accordance with the schedule of distribution. BY THE COURT, 1. 1 1 qO,OdJJ, qy In re: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPAHNS COURT DIVISION : No. 2006-00365 : PA No. 21-06-0365 Estate of Joanne Taylor, late of Borough of Carlisle Cumberland County, Pa., deceased DATE OF DEATH: LETTERS GRANTED: FIRST COMPLETE ADVERTISEMENT OF GRANT OF LETTERS DISTRIBUTION OF ESTATE IS INCLUDED IN ACCOUNTING DISTRIBUTION AMOUNT IS $15,841.58 GROSS VALUE OF ESTATE IS $90,020.96 ACCOUNTING FOR THE PERIOD April 26, 2006 through October ~~ 2007 March 19, 2006 April 26, 2006 May 10, 2006 Purpose ofthe Account: Lois G. Taylor, Administratrix, 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 q r-<) ,-,'::J -~~j ':-~ :,",,') t,=-~- "' ~." .~ -~ -, -~I 1':.: Q 0' 2 c; PRINCIPAL ASSETS RECEIVED REALTY: 1. 131 Elm Street Carlisle, P A Subtotal CASH AND BANK DEPOSITS: 1. Members 1st Federal Credit Union MM Account No. 52325-5 Subtotal PERSONAL PROPERTY AND VEHICLES: 1. Household Furnishings 2. 1995 Toyota Tercel Sedan 2D Subtotal JOINT ASSETS 1. Members 1st Federal Credit Union (112 value of account held jointly with personal representatives) Subtotal INTERVIVOS TRANSFERS 1. Members 1st Federal Credit Union Subtotal ADDITIONAL RECEIPTS 1. Comeast Refund 2. State Farm Insurance Refund 3. 2005 Federal Income Tax Refund 4. 2005 Pennsylvania Income Tax Refund 5. Jefferson Pilot Financial Disability check 3 $ 75,000.00 $ $75,000.00 .06 $1,005.00 $ 980.00 $ .06 $ 47.61 $ 1,985.00 $ 6,826.28 $ 47.61 $ 78.63 $ 30.97 $ 579.00 $ 120.00 $ 542.13 $6,826.28 6. Social Security Administration correction check 7. Jefferson Pilot Financial Disability check 8. Sprint Refund 9. Blue Cross reimbursement 10. Blue Cross reimbursement Subtotal Total Principal of Estate before Adjustments $ 856.00 $ 527.94 $ 34.45 $2,803.00 $ 589.89 $ 6,162.01 GAINS AND WSSES ON SALES AND OTHER DISPOSITIONS: None Total Principal of Estate with all adjustments DISBURSEMENTS OF PRINCIPAL DEBTS OF DECEDENT: 1. Lancaster Radiology Associates 2. MRI Group LLP 3. Borough of Carlisle (water & sewer) 4. GMAC Mortgage 5. PPL Electric Utilities 6. UGI 7. Sprint 8. Kough's Oil 9. Borough of Carlisle (2006 Personal taxes) 10. Hillmount Animal Hospital 11. Home Equity Loan Members 1st Federal Credit Union 12. Home Mortgage GMAC Mortgage Corporation (payoff 12/1/06) 13. Bank fees to Members 1st Federal Credit Union 14. Kohl's charge card 15. Express Scripts 4 $90,020.96 $ 2,803.00 $ 589.89 $ 16.18 $ 520.63 $ 62.70 $ 8.54 $ 84.93 $ 141.48 $ 4.90 $ 142.25 $ 2,658.31 $ 55,489.09 $ 30.00 $ 40.68 $ 75.00 $90,020.96 (Credit Card Companies) Subtotal $62,667.58 FUNERAL EXPENSES: 1. Egger Funeral Home, Inc. $ 2,057.00 2. Donation to Pastor $ 50.00 Subtotal $ 2,107.00 ADMINISTRATION EXPENSES & COSTS: 1. Attorney's fees to Griffie and Associates $ 3,000.00 2. Probate fees $ 271.00 3. Advertising-Cumberland Law Journal $ 137.03 4. The Sentinel $ 75.00 5. GMAC Mortgage Corporation $ 520.63 6. PPL Electric Utilities $ 39.92 7. UGI $ 8.54 8. UGI $ 8.54 9. PPL Electric Utilities $ 31.22 10. UGI $ 8.54 11. GMAC Mortgage Corporation $ 520.63 12. UGI $ 11.95 13. Borough of Carlisle (water & sewer) $ 16.18 14. Kough's Oil $ 152.10 15. UGI $ 6.26 16, GMAC Mortgage Corporation $ 520.63 17. PPL Electric Utilities $ 69.00 18. PPL Electric Utilities $ 24.69 19. PPL Electric Utilities $ 64.01 20. Borough of Carlisle (water & sewer) $ 16.18 21. UGI $ 8.54 22. UGI $ 8.54 23. PPL Electric Utilities $ 22.33 24. GMAC Mortgage Corporation $ 520.63 5 25. Borough of Carlisle (water & sewer) 26. Borough of Carlisle (water & sewer) 27. Ibis Appraisal Services 28. GMAC Mortgage Corporation 29. Borough of Carlisle 30. Pet Care -Hillmount Animal Hospital 31. GMAC Mortgage Corporation 32. State Farm Auto Insurance 33. State Farm Auto Insurance 34. GMAC Mortgage Corporation 35. GMAC Mortgage Corporation $ $ $ $ $ $ $ $ $ $ $ 16.18 32.36 240.00 520.63 16.18 142.50 520.63 40.37 40.37 520.63 520.63 Subtotal $ 8,672.57 TAXES: Pennsylvania Inheritance Tax Subtotal Total Disbursements of Principal PRIOR DISTRIBUTION OF SPECIAL BEOUESTS None $ 723.32 NET ASSETS/PROCEEDS AVAILABLE FOR DISTRIBUTION TOTAL $ 723.32 $ 74,170.47 $ 15,841.58 PROPOSED DISTRIBUTIONS TO TESTAMENTARY BENEFICIARIES AFTER ACCOUNT CONFIRMATION Lois G. Taylor, Mother Total Share of Distribution TOTAL PROPOSED DISTRmUTION OF PRINCIPAL AND INCOME 6 $ 15,841.58 100% $ 15,841.58 Lois G. Taylor, Administratrix of the Estate of Joanne Taylor, 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 h, been .d. Sworn and subscribed before me, This rf:day of ~ 2007 :11)9 _~r III L m.~.. 7 I hereby certify that written notice of the fIling of this Account, and of the date, time and place when the same will be presented to the Court for confirmation and of the last day to file written objections to said Account, has been given to every unpaid claimant or creditor and to every other person known to the accountant to have or claim an interest in the estate as, beneficiary, heir, or next of kin. ~EsqUire 8