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HomeMy WebLinkAbout12-06-07 ----.. -$ J5 I d:j).d) FIRST AND FINAL ACCOUNT OF CATHY L. BARTOO FOR THE ESTATE OF DONALD W. BARTOO NO. 21-06-0800 o (:;0 >-::D -00 ".5r .., rn , "-~:D (f) :^ ~, i?j C.Y ::0 C)-' I''''' o (") (.:::> '-)c) :1:- -'In '. l_)'n:x -:.:!l -- C) ){\mlary 5,~06 .._ rn -0 ---1 .. :/) (:) )> U1 .On October 2, 2f)06 ~ = = --' o rr1 ('""') I . 0"'1 Date of Death: Date of Executor's Appointment: First Complete Advertisement of Grant of Letters October 13, 200' a Accounting for the Period: January 5, 2006 to October 24, 2007 Purpose of Account: Cathy L. Bartoo, Executrix, offers this account 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 or questions or objections can be discussed with: Mark W. Allshouse, Esquire Christian Lawyer Solutions, LLC 4833 Spring Road Shermans Dale, P A 17090 (717) 582-4006 o , DECEASEQ:.~ \~CO (: .~2;, 9; (f)-~ CJC) ." -) !~2 .., .j~ -0 yo DECEDENT'S ESTATE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYL VANIA ORPHANS' COURT DIVISION ESTATE OF Donald W. Bartoo No. 21-06-0800 PETITION FOR ADJUDICATION / STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.C. Rule 6.9 ~ <;3 o rn CI \ ' C1" ~ C5 .. cJ' CIJ 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: Mark W. Allshouse, Esquire Supreme Court J.D. No.: 78014 Name of Law Firm: Christian Lawyer Solutions, LLC Address: 4833 Spring Road, Shermans Dale, PA 17090 Telephone: (717) 582-4006 Fax: (717) 582-7476 Form OC-OJ rev. 10.13.06 Page 1 of 10 D (--, ''1, -n 7:.?: n ;-= rn ~;) (~:') --.(1 Estate of Donald W. Bartoo , Deceased 1. Name(s) and addressees) ofPetitioner(s): Name: Cathy L. Bartoo Address: 6025 Hummingbird Lane Mechanicsburg, P A 17050 IdentifY any executors or administrators who have not joined in the Petition for Adjudication and Statement of Proposed Distribution and state reason: nla Is this the first accounting by this fiduciary? . . . . . . . . . . . . . . . . . . . .. IZl 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 January 5, 2006 o Letters Testamentary or IZlLetters of Administration were granted to Petitioner(s) on October 2. 2006 Date of Will (if applicable): n.a Date(s) ofCodicil(s) (if applicable): nla Date of probate (if different from date Letters granted): Was a bond required? DYes IZl No If yes, state amount: Are proofs of advertising of the grant of Letters attached? ......... IZl Yes 0 No Dates of advertising of the grant of Letters: October 13 20 27 2006 , , , Form DC-OJ rev. JO.13.06 Page 2 of 10 Estate of Donald W. Bartoo , Deceased 3. Was decedent survived by a spouse? ............................. DYes IZlNo 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): None. 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. S 1412, was a request for a statement of claim sent to the Department of Public Welfare? . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. DYes IZl No Form OC-OJ rev. JO./3.06 Page 3 of 10 Estate of Donald W. Bartoo , Deceased 8. Written notice ofthe 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 ofthe 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. 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 Cathy L. Bartoo 6025 Hummingbird Lane Mechanicsburg, PA 17050 sister 100% Form OC-Of rev. 10.13.06 Page 4 of 10 Estate of Donald W. Bartoo , Deceased Name and Address of Each Party in Interest Relationshin and Comments, if anv 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. Ifno 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 ($ee 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-OJ rev. 10.13.06 Page 5 of 10 Estate of Donald W. Bartoo , 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? 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. S 3392 and the proposed payments. 11. Was family exemption claimed? DYes DYes (ZINo (ZINo Was family exemption allowed? Family exemption claimant's name and relationship: Name: Relationship: Form OC-OI rev. 10./3.06 Page 6 of 10 Estate of Donald W. Bartoo , 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 13, 2006 2,665.20 October 30, 2006 713.48 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 IZI 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: Petitioner is seeking confirmation of the Estate and First and Final Account to enable finalization of clear title to real property to be accomplished. B. Has notice of the question requiring adjudication been given to the parties identified in Paragraph 9 above? .................. IZI Yes D 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 DC-OI rev. 10./3.06 Page 7 of 10 Estate of Donald W. Bartoo , Deceased 16. Had the decedent been adjudicated an incapacitated person? . . . . . . . . . . 0 Yes (ZI 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? ............. DYes 0 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 DNo If so, attach a copy of the notice. 19. Is the Court being asked to direct the fil ing of a Schedule of Distribution? DYes (ZINo As to real estate only? ........................................ DYes (ZINo Form OC-01 rev. 10.13.06 Page 8 of 10 Estate of Donald W. Bartoo , 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 Cathy L. Bartoo 22,277.46 Submitted By: (All petitioners must sign. Add additional lines ifnecessary): ~~~~ ame ofP . lOner: at y L. Bartoo Name of Petitioner: Form DC-OJ rev. /0./3.06 Page 9 of 10 Estate of Donald W. Bartoo , 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. 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 DC-OJ rev. JO.13.06 Page 10 of 10 THE CENTRAL PENN BUSINESS JOURNAL Proof of Publication Under the Pennsylvania Newspaper Advertising Act 45 Pa.C.S. S101, etseq. Commonwealth of Pennsylvania } ss} County of Dauphin } Jason Price, being duly sworn according to law, deposes and says: That he is the Accountant of and duly authorized agent for JOURNAL PUBLICATIONS, INC., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 101 N. Second Street, in the city of Harrisburg, County of Dauphin, State of Pennsylvania; that the THE CENTRAL PENN BUSINESS JOURNAL, a newspaper of general circulation distributed and circulated in Dauphin, Cumberland, Lancaster, Lebanon and York counties, is published by the said JOURNAL PUBLICATIONS, INe. at 101 N. Second Street, in the City, County and State aforesaid; and that THE CENTRAL PENN BUSINESS JOURNAL was established September9th, 1984 and has been continually published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in the weekly editions/issues of the CENTRAL PENN BUSINESS JOURNAL which appeared on the 13th, 20th and 27th day(s) of October 2006. That neither he nor said Corporation is interested in the subject matter of~aid printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publ,i'ca~on are true; anp This is a statement published by JOURNAL PUBLICATIONS, iNC.' PUBLICATION EXECUTOR'S NOTICE COpy Jason Price Letters of Administration on the Estate of Donald W. Bartoo, late of the Borough of Mechanicsburg, Cumbertand County, Pennsylvania, deceased, have been granted to the undersigned. All persons knowing themselves to be indebt- ed to said Estate will make payment immedi- ately, and those having claims will present them for settlement to: Sworn to and subscribed ?efore me this 30 day of f/? d-. ~~ NO~UBLlC 2006 A.D. Cathy L. Bartoo, Administratrix c/o Mark W. Allshouse, Esquire 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Donna Schankweiler,..t Notary Publ.ic City of Harrisburg, uauphiti County My Commission Expires Mar. 10, 2008 Mark W. Allshouse, Esquire CHRISTIAN LAWYER SOLUTIONS, LLC 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 ruonsner s Receipt for Advertising Cost JOURNAL PUBLICATIONS, INC., publisher of the CENTRAL PENN BUSINESS JOURNAL, newspaper of general circulation, distributed and circulated in Dauphin, Cumberland, Lancaster, Lebanon and York counties, hereby acknowledges receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. THE CENTRAL PENN BUSINESS JOURNAL Re: Estate of Donald W. Bartoo CHRISTIAN LAWYER SOLUTIONS, LLC 4833 Spring Road Shennans Dale, PA 17090 Attn: Mark W. Allshouse, Esquire By................................................................ PROOF OF PUBLICATION OF NOTICE IN CUMI,IERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH 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: October 13, October 20, and October 27, 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. SWORN TO AND SUBSCRIBED before me this 27 day of October. 2006 Bartoo, Donald W., dec'd. Late of the Borough of Me- chanicsburg. Administratrix: Cathy L. Bartoo c/o Mark W. Allshouse, Esquire 4833 Spring Road, Shermans Dale, PA 17090. Attomeys: Mark W. Allshouse, Esquire, Christian Lawyer Solu- tions, LLC, 4833 Spring Road, Shermans Dale, PA 17090, (717) 582-4006. ~L. k~ Notary. #.. :Mark. tWo jLffsliouse, p.stjuire 4833 Spring Road Shermans Dale, PA 17090 c,v-\l1S T.r~tV <.1A!YER< ~vrt~ December 5, 2007 VIA HAND DELIVERY Ms. Cathy Bartoo 6025 Hummingbird Lane Mechanicsburg, P A 17050 Re: The Estate of Donald W. Bartoo Dear Cathy: This letter will advise you, individually and on behalf of the Estate of Donald W. Bartoo, as required by law, that the First and Final Account of Cathy L. Bartoo, Administratrix of the above-mentioned estate is being filed for Audit with the Orphans' Court Division of Cumberland County Court of Common Pleas, Cumberland County, Pennsylvania. The Account, which includes a Schedule of Proposed Distribution, will be presented for audit, confirmation and distribution on January 8, 2008 at 9:00 a.m. A copy of the Account is available for review and copying at the Office of the Register of Wills of Cumberland County, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. If you have no objections to the Account, or the matters set forth within the Account, no action is required. However, if there are objections to the transactions shown in the Account, or omitted from the Account, you must file with the Clerk of the Orphans' Court Division, prior to 9:30 a.m. on January 8, 2008, in writing, objections thereto in conformity with the Cumberland County Orphans' Court Division Rules. In the absence of timely written objections, the Court will assume that you have no objections to the Account and the right to object will be waived. However, if you should have questions or objections, we would appreciate your contacting us so that we can attempt to resolve any problems without formal presentation to the Court. MW Alsa fax: (717) 582-7476 Phone: (717) 582-4006