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HomeMy WebLinkAbout03-24-08 FIRST AND FINAL ACCOUNT OF CRYSTAL M. SMITH, ADMINISTRATRIX FOR ESTATE OF LYNN E. SMITH, JR., DECEASED DATE OF DEATH: 02/14/2006 DATE OF ADMINISTRATRIX'S APPOINTMENT: 05/31/2006 DATE OF FIRST ADVERTIEMENT: 07/19/2006 ACCOUNTING PERIOD: 05/31/2006 Through 03/21/2008 SUMMARY Principal Receipts Principal Disbursements _Administrative costs only Debts of Decedent Distribution to Beneficiaries Income Receipts Balance available for distribution $ 12,178.00 $ (17,121.16) $ (47,729.92) $ $ $ (52,673.08) Proposed distribution $ \)- 0 b:' t d\ l~--P j.,,::- .t:'.~ ~ _oj r'\.) PRINCIPAL RECEIPTS 1 Mellon Investment Services CUSIP: 00192859156R10 $ 3,760.30 2 Real Estate, Lot #183, Section AA Plat Book 1, Page 59, Adams Co. $ 8,417.70 Total Principal Assets $12,178.00 PRINCIPAL DEBTS Debts of Decedent Total Owed 1 MBNA - Acct Ending # 7110 $ 11,011.48 2 Capital One - Acct Ending # 2746 $ 15,458.74 3 PNC-MBNA Bank Acct Ending # 5146 $ 11,066.80 4 Diner's Club, Acct Ending # 2040 $ 2,827.35 5 PNC Mortgage on Primary Residence $ 7,365.55 Total Debts of Decedent $ 48,384.61 PRINCIPAL DISBURSEMENTS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Ewing Brothers Funeral Home, Inc $ Register of Wills Probate $ The Sentinel - Advertisement of Estate $ Cumberland Law Journal $ Crystal M. Smith, Family Exemption $ Lisa Greason, Esquire - legal fees $ Crystal M. Smith, Administratrix fees $ Cumberland County Register of Wills - Tax Return & Inventory $ Cumberland County Register of Wills - Final Acct $ Georges Flowers for funeral $ Sollenbergers Title Services $ Natalie Williams, Tax collector $ Jack Group, Realtor, Appraisal $ Marsh Excavation, Perk on land $ Liberty Twp, Land Fees $ Administrative Expenses 4,760.45 170.00 75.00 151.55 3,500.00 4,000.00 4,000.00 30.00 150.00 264.66 19.50 185.19 150.00 150.00 150.00 $ 17,121.16 PROPOSED SCHEDULE OF DISTRIBUTION After payment of the Administrative costs of the estate, there is a negative balance and no funds remain for the payment of debts of the decedent or distribution to beneficiaries. It is respectfully requested that this Honorable Court confirm that no assets remain for distribution and that the remaining funds in the Estate Account may be used to pay the Administrative costs of the estate. CRYSTAL M. SMITH, Administratrix of the Estate of LYNN E. SMITH, JR, 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. ~1d /! vf~, STAL M. SMITH Administratrix Subscribed and sworn to by NAME, before me this >> Day of "'7Y~ ' 2008. Notary Public My Commission Ex lj;;u :\;1. Gff:J~/Jq~~i\/~r:{ ;:)u::yi;c ';T'l'p,h"j County 2010 ;1 (it Nctar:88 j)- 0 (; \ d \l~ .cD DECEDENT'S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF LYNNE. SMITH JR. , DECEASED --I No. 21-06-00470 PETITION FOR ADJUDICATION I ST A TEMENT 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 inszifficient, 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: LISA M. GREASON, ESQ. Supreme Court J.D. No.: 78269 Name of Law Firm: GREASON LAW OFFICE Address: P.O. BOX 385, CARLISLE PA 17013 Telephone: 717-241-3030 Fax: 717-241-3040 Farm OC-O f rev. f O. f 3. 06 Page 1 ofl0 Estate of LYNN E. SMITH JR. , Deceased 1. Name(s) and addressees) ofPetitioner(s): Name: CRYSTAL M. SMITH Address: 25 IRISH GAP RD 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? . . . . . . . . . . . . . . . . . . . .. IZl Yes D No Ifnot, identify prior accountings, the accounting periods covered, and the date of adjudication ofthe prior accounting. 2. Decedent died on 02/14/2006 o Letters Testamentary or rzJ Letters of Administration were granted to Petitioner(s) on 05/31/2006 Date of Will (if applicable): Date(s) ofCodicil(s) (if applicable): Date of probate (if different from date Letters granted): Was a bond required? DYes IZl No If yes, state amount: Are proofs of advertising ofthe grant of Letters attached? ......... IZI Yes D No Dates of advertising of the grant of Letters: July 28, August 4, 11, 2006 (Law Journal & July 19, 26, August 2,2006 (The Sentinel) Form OC-Ol rev. 10.13.06 Page 2 of 10 Estate of LYNN E. SMITH JR. , Deceased 3. Was decedent survived by a spouse? . . . . . . . . . . . . . . . . . . . . . . . . . . . " rzlYes D No If yes, name of the surviving spouse: CRYSTAL M. SMITH 4. Has the surviving spouse filed to take an elective share? ............. DYes rzl 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)? . . . . . . . . . .. 0 Yes rzl No Were any children born to decedent after execution of Will or Codicil(s)? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DYes rzl No If yes, give names and dates cfbirth: Name: Date of Birth: 7. Ifrequired by the Medical Assistance Estate Recovery Act, 62 P.S. ~ 14] 2, was a request for a statement of claim sent to the Department of Public Welfare? . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., rzlYes D No FormOC-O/ rev./O./3.06 Page 3 of 10 Estate of LYNN E. SMITH JR. , 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 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 ofthe 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. 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 Relationshio and Comments, if anv fnterest CRYSTAL M. SMITH, 25 Irish Gap Road Newville PA 17241 WIFE 100% Form OC-Of rev. fO.13.06 Page 4 of 10 Estate of LYNN E. SMITH JR. , Deceased Name and Address of Each Partv in interest Relationshio 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. None C. State why a Petition for Guardian/Trustee Ad Litem has or has not been filed for this Audit (see 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 OC-OI rev. 10.13.06 Page 5 of 10 Estate of LYNN E. SMITH JR. , Deceased 10. Other than the claim for the family exemption, list the names of all known claimants and the amount oftheir claims and state whether each claim is admitted. Name and Address of Each Claimant Amount of Claim C101m Will Claim Admitted? Be Paid In Full? MBNA $11,011.48 (ZJYes DYes P.O. Box 15409 DNo (ZJNo Wilmington DE 19885-5409 Capital One $15,458.74 (ZJ Yes DYes Attn Estates Area, P.O. Box 85176 DNo (ZJNo Richmond V A 23285-5176 PNC-MBNA Bank $11,066.80 0Yes DYes P.O. Box 15289 DNo (ZJNo Wilmington DE 19886-5289 Diners Club c/o Balogh Becker L TO, $2827.35 0Yes DYes 4150 Olson Memorial Hwy # 200 DNo 0No Minneapolis MN 55422 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? 0Yes DNo IZlYes DNo Was family exemption allowed? Family exemption claimant's name and relationship: Name. CRYSTAL M. SMITH Relationship: WIFE Form OC-OI rev. 10. /3.06 Page 6 of 10 Estate of LYNN E. SMITH JR. , 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 NONE 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 I{] 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 of the Petitioner(s) as to each question: B. Has notice of the question requiring adjudication been given to the parties identified in Paragraph 9 above? .................. DYes D No 15. JfPetitioner(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 L VNN E. SMITH JR. , Deceased 16. Had the decedent been adjudicated an incapacitated person? . . . . . . . . . . DYes IZI 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? ............. D Ves IZI No 18. I f a reserve is requested, state amount and purpose. Amollnt: 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 IZINo I f so, attach a copy of the notice. 19. Is the Court being asked to direct the filing ofa Schedule of Distribution? DVes 0No As to real estate only? ........................................ DVes 0 No Form ae-o / rev. 10./3.06 Page 8 of 10 Estate of LYNN E. SMITH JR. , 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 See attached First and Final Accounting B. Principal: Proposed Distributee(s) Amount/Proportion Submitted By: (All petitioners must sign. Add additional lines ifnecessary): N Name of Petitioner: Form ae-o I rev. 10.13.06 Page 9 of 10 Estate of LYNN E. SMITH JR. , 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). 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 form have been made beyond the responses herein. _.~- ..:::.--;'/ . -. /// Signature of Counsel for Petition r Form OC-O/ rev. /0./3.06 Page I 0 of 1 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 dilly sworn, deposes and says that THE SENTINEL, a newspaper of general circillation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regu1arly 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) July 19, 26, August 02,2006 COPY OF NOTICE OF PUBLICATION EXECUTOR'S NOTICE 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. ~Dvmd~~ Letters Testament!l.ry on the Estate of LYNN E. SMITH, JR., late of Penn Township, Cumberland County,. Pennsylvania, deceased. have been granted to the undersigned. All persons knowing themselves to be indebted to said Estate will make payment immediately, and those having claims will present them for settlement to: Crystal M. Smith, Administrator c/o Greason Law Office P.O. Box 385 Carlisle, PA 17013 Lisa M. Greason, Esquire P.O. Box 385- Carlisle, PA 17013 717-241-3030 Sworn to and subscribed before me this 7;::i ~ Notary Pub My commission expires: 9/'/; COMMONWEALTH OF PENNSYLVANIA Notarial Seal Christina L. Wdfe, Notary Public Carlisle Boro, Cumbertand County 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 COMMONWEAL TH OF PENNSYL VANIA SSe 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, V1Z: July 28, August 4, and August 11,2006 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. Smith, Lynn E.. Jr., dec'd. Late of Penn Township. Administratrix: Crystal M. Smith c/o Greason Law Office, P.O. Box 385, Carlisle, PA 17013. Attorney: Lisa M. Greason, Es- quire, P.O. Box 385, Carlisle, PA 17013, (717) 241-3030. v , \ "- SWORN TO AND SUBSCRIBED before me this 11 day of August. 2006 ~~~~/ ~ NOT ARIAL SEAL ; ,", ~' j LOIS E. SNYDER, No/aJY Public ~ fi Carlisle Bom, Cumberland ' ~ Commission M8~Ch 5, 2CGi) ! ~Q,"';':;""'}""'''''$1!\~~~Af<':;;';;'''::::'''V'!!.>i''''I:.ii'~:~;X-,'''';',;jo.i.\'l$f...<~'''''~'_'''''''-'''''''''''"'';''''';'; (jreason Eaw Office 'Post Office 'Box 385 Carus{e, 'Pennsy{vania 17013 'Pnone: (717) 241-3030 :fax: (717) 241-3040 L'M(jreason@ao[com March 21,2008 MBNA Estate Department P.O. Box 15409 Wilmington DE 19885-5409 RE: Lynn E. Smith, Jr. Acct: 4264298381797110 To Whom It May Concern: Please take Notice that a Petition for Proposed Distribution for the above referenced Estate has been submitted to the Orphan's Court of Cumberland County, Pennsylvania, for distribution. The audit/confirmation will be as follows: Date: April 22, 2008 Last Date to File Objections: April 22, 2008 by 9:00 a.m. ET Place: Cumberland County Orphan's Court One Courthouse Square Carlisle PA 17013 If you have any objections to the attached accounting, you should file an objection with the Register of Wills Office at the address listed above. Sincerely, LISA M. GREASON, ESQUIRE (jreason Eaw Office Post Office 'Box 385 Car{is{e, Pennsy{vania 17013 phone: (717) 241-3030 :Fax: (717) 241-3040 L:Mlgreason@aoLcom March 21 , 2008 Diners Club Credit Card P.O. Box 44180 Jacksonville, FL 32231-4180 RE: Lynn E. Smith, Jr. Acct: 5306 3100 0100 2040 To Whom It May Concern: Please take Notice that a Petition for Proposed Distribution for the above referenced Estate has been submitted to the Orphan's Court of Cumberland County, Pennsylvania, for distribution. The audit/confirmation will be as follows: Date: April 22, 2008 Last Date to File Objections: April 22, 2008 by 9:00 a.m. ET Place: Cumberland County Orphan's Court One Courthouse Square Carlisle PA 17013 If you have any objections to the attached accounting, you should file an objection with the Register of Wills Office at the address listed above. Sincerely, LISA M. GREASON, ESQUIRE (jreason Eaw Office Tost Office 'Box 385 Car(is(e, Tennsy(vania 17013 Thone: (717) 241-3030 J"ax: (717) 241-3040 .CMejreason@ao[com March 21, 2008 Chase Card Services P.O. Box 15298 Wilmington, DE 19850-5298 RE: Lynn E. Smith, Jr. Chase/bp Card Acct: 4266-5060-0006-3625 To Whom It May Concern: Please take Notice that a Petition for Proposed Distribution for the above referenced Estate has been submitted to the Orphan's Court of Cumberland County, Pennsylvania, for distribution. The audit/confirmation will be as follows: Date: April 22, 2008 Last Date to File Objections: April 22,2008 by 9:00 a.m. ET Place: Cumberland County Orphan's Court One Courthouse Square Carlisle PA 17013 If you have any objections to the attached accounting, you should file an objection with the Register of Wills Office at the address listed above. Sincerely, LISA M. GREASON, ESQUIRE (jreason Eaw Office 'Post Office 'Box 38.5 Car(is(e, 'Pennsy(vania 17013 'Phone: (717) 241-3030 :fax: (717) 241-3040 LMejreason@ao[com March 21,2008 Crystal M. Smith 25 Irish Gap Road Newville PA 17241 RE: Estate of Lynn E. Smith, Jr. Dear Mrs. Smith: Please take Notice that a Petition for Proposed Distribution for the above referenced Estate has been submitted to the Orphan's Court of Cumberland County, Pennsylvania, for distribution. The audit/confirmation will be as follows: Date: April 22, 2008 Last Date to File Objections: April 22, 2008 by 9:00 a.m. ET Place: Cumberland County Orphan's Court One Courthouse Square Carlisle PA 17013 If you have any objections to the attached accounting, you should file an objection with the Register of Wills Office at the address listed above. Sincerely, LISA M. GREASON, ESQUIRE (jreason !Jaw Office Tost Office 'Box 385 CarCis{e, Tennsy{vania 17013 Thone: (717) 241-3030 :fax: (717) 241-3040 LJ'vl(jreason@ao[com March 21,2008 Capital One Attn: Estates Area POBox 85176 Richmond, VA 23285-5176 RE: Lynn E. Smith, Jr. Acct: 5291-4922-3714-2746 To Whom It May Concern: Please take Notice that a Petition for Proposed Distribution for the above referenced Estate has been submitted to the Orphan's Court of Cumberland County, Pennsylvania, for distribution. The audit/confirmation will be as follows: Date: April 22, 2008 Last Date to File Objections: April 22, 2008 by 9:00 a.m. ET Place: Cumberland County Orphan's Court One Courthouse Square Carlisle PA 17013 If you have any objections to the attached accounting, you should file an objection with the Register of Wills Office at the address listed above. Sincerely, LISA M. GREASON, ESQUIRE