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HomeMy WebLinkAbout05-09-08r ' DECEDENT'S ESTATE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF Louise J. Landis ,DECEASED 21-07-0789 No a . h =, ~~ -~ - _ n ~ ~., - _. PETITION FOR ADJUDICATION / _ =~' s~ ~' `~ ~: =' STATEMENT OF PROPOSED DISTRIBUTION ~ ~' ~'" A PURSUANT TO Pa. O.C. Rule 6.9 .._: ~ .r, ~ , ,-~ _t~ -~ ~~ ~ 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 attuched. Attach the spouse's election, if any; the papers required uttder items 8-19 inclusive. ~rtd uny instrument pertinent to the adjudication. INCL UDE ATTACHMENTS AT THE BACK OF THIS FORM. Name of Counsel: Michael L. Bangs Supreme Court I.D. No.: 41263 Name of Law Firm: Address: 429 South 18th Street, Camp Hill, PA 1741 1 Telephone: (717) 730-73 ] 0 Fax:~717~ 730-7374 F~rn~ oc-nt re~~. ro.13.06 Page 1 of 10 l t Estate of Louise J. Landis t . Name(s) and address(es) of Petitioner(s): same: Joseph M. Landis Address: ~~ Eisenhower Boulevard Deceased Identify any executors or administrators who have not joined in the Petition for Adjudication and Statement of Proposed Distribution and state reason: N/A Is this the first accounting by this fiduciary? ..................... ~ Yes [] No Lf not, identify prior accountings, the accounting periods covered, and the date of adjudication of the prior accounting. 2. Decedent died on 8/3/2007 Duncannon, PA 17020 ® Letters Testamentary or ~ Letters of Administration were granted to Petitioner(s) on August 23. 2007 Date of Will (if applicable): September 19, 2006 Date(s) of Codicil(s) (if applicable): NIA Date of probate (if diffeYent from date Letters granted): Was a bond required? ©1'es ®No If yes, state amount: Are proofs of advertising of the grant of Letters attached? ......... ~ Yes ®No Dates of advertising of the grant of Letters: The Sentinel 9/13, 9/20 and 9/27/07 Cumberland Law Journal 9/7, 9/14 and 9/21/07 Farm OC-01 rev. 10.13.6 Page 2 of 10 t t Estate of Louise J. Landis Deceased 3. Was decedent survived by a spouse? ............................. ®Yes ®No If yes, name of the surviving spouse: 4. Has the surviving spouse filed to take an elective share? ............. ^Yes Q No (See Section 2201 et sue. of the Probate, Estates and Fiduciaries Code) 1 f 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)? ........... ®Yes ®No Were any children born to decedent after execution of Will or Codicil(s)? ........................................... ~ Yes ~ No If yes, give names and dates of birth: Name: Date of Birth: 7. [f 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? .............................. ~ Yes ~ No Form OG01 rev. 10.13.06 Page 3 of 10 Estate of Louise J. Landis 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 l0 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. 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): and Address of 6aeh Parh rn and /nterest ,foseph M. Landis 12 Eisenhower Blvd. Duncannon, PA 17020 Louis Landis 79 Nater Street Ashland, PA 17921-1925 Form OC-0! rein. 10.13.06 One-third of estate One-third of estate Page 4 of 10 Estate of Louise J. Landis Name and Address of Each P~ Katharine Barbagallo 31 Washburne Drive Berlin, NJ 08009 in Interest I Relationship and Daughter Deceased Interest One-third of estate 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 Guardian/Trustee Ad Litem has or has not been filed for this Audit (see Pa. O.C. Rule 12.x). 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 Forrn OC-01 rer. 10.!3.06 Page 5 of 10 Estate of Louise J. Landis 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? N/A ®Yes ~ Yes ~No ~No ^Yes ~ Yes ~No ^ No ^Yes Yes ~No ~ No Yes ~ Yes ~No ^ No If the estate is insolvent, attach a schedule setting forth the order of preference under 20 Pa.C.S. § 3392 and the proposed payments. 1 1. Was family exemption claimed? ................................ ^Yes ~No Was family exemption allowed? ................................ ^Yes ONo Family exemption claimant's name and relationship: Name: Relationship: F,„-m oc-nl rev. 10.13.06 Page 6 of 10 Estate of Louise J. Landis Deceased 12. The amount of Pennsylvania Transfer Inheritance Tax and additional Pennsylvania Estate Tax paid, the date(s) of payment(s), and the interest(s) upon which paid, are as follows: Date Payment Interest 1 /22/08 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? ................... ®Yes ~ 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. C>escribe in detail any questions requiring adjudication and state the position of the Petitioner(s) as to each question: NiA B. Hfas notice of the question requiring adjudication been given to the parties identified in Paragraph 9 above? .................. ~ Yes ®No 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. 8,898.03 Fornvoc-o~ re,=. io.i3.o6 Page 7 of 10 Estate of Louise J. Landis __ ,Deceased 16. Had the decedent been adjudicated an incapacitated person? .......... ~ Yes ~ No [ f 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. N/A B. Has notice of the additional receipts and disbursements been given to the parties identified in Paragraph 9 above? ............. ^Yes ~ No 18. If a reserve is requested, state amount and purpose. Amo:~nt: Purpose.' N/A ti~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? ........................................ Yes ~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 ONo As to real estate only? ........................................ ^Yes 0 No Formoc-nr rec. ~o.~3.n6 Page 8 of 10 Estate of Louise J. Landis Deceased Wherefore, your Petitioner(s) ask(s) that distribution be awarded to the parties entitled and suggestl;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~ Joseph M. Landis Louis Landis Katharine Barbagallo B. Principal: P~~~oposed Distrtbu[ee(s) Amo:mt/Proportion One-third One-third One-third AmoundProportron Submitted By: (flfl petitioners must sign. Add additional Lines if necessary): Name etitio r: sep M. Landis Name of Petitioner: Formoc-o~ rev. rn.r3.o6 Page 9 of 10 Estate of Louise J. Landis Verification of Petitioner (Verification must be by at least one petitioner.) Deceased The undersigned hereby verifies -~s~A-] that the facts set forth in the foregoing Petition for Adjudication /Statement of Proposed Distribution which are within the pf;rsonal knowledge of the Petitioner are true, and as to facts based on the information of others, thf° 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). Sig re e boner * 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. i I `` Signature of Counsel for etitioner Fa,~n~ oc-nr re,~. io. X3.06 Page 10 of 10 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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 sarrle as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, vlz: September 7 September 14 and September 21 2007 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. Lis Marie Coyne, Landis, Louise: J., deed. Late of East Pennsboro Town- ship. Executor: Joseph M. Landis. Attorney: Michael L. Bangs, Es- quire, 429 South 18th Street, Camp Hill, PA 17011. SWORN TO AND SUBSCRIBED before me this 21 day of September, 2007 Notary NOTARIAL SEAL DEBORAH A COLUNS Notary Public CARLISLE BORO, CUMBERLAND COUNN My Commission Expires Apr 28. 2010 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, .Classified Advertising Manager , of. The Sentinel, of the County and State"aforesaid, beirlg~duly sworn, deposes"and says that THE.~SENTINEL, a newspaper of ,general cireulatio~ ~in the Borough of Carlis~e;,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) .September 13, 20, 27, 2007 ~ " , . CQPY OF NOTICE OF PUBLICATION E T TE NOTICE LETTERS TESTAMENTARY on the Estate of LOUISE J. LANDIS, late of East Pennsboro Township, County of Cumberland, Pennsylvania, deceased, were grant- ed to Joseph M. Landis on August 23, 2007. All persons knowing themselves to be indebted to said Estate are requested to make immediate payment, and those having claims will present them, without delay, to the undersigned. Michael L. Bangs, Esquire 429 South 18th Street Camp Hill, PA 17011 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 ~ ~ . . pu ication are true. ~ ~ ' Sworn to and subscribed before me this 27th. day of September, 2007. Notary P is My commission expires: ~~l / U ~ COMMONWEALTH OF PENNSYLVANIA Notarial Seal Chnstina L. Wolfe. Notary Public Carlisle Boro, Cumberland County My Commission Expires Sept. 1,2008 Member, Pennsylvania Association Ot Notaries ,~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION FILE N0.21- 07 - 0789 ESTATE of LOUISE J. LANDIS, Deceased Late of East Pennsboro Township, Cumberland County, Pennsylvania CERTIFICATION OF SERVICE MICHAEL L. BANGS, being duly sworn according to law, deposes and says as follows: 1. That: he is the attorney for Joseph M. Landis, Executor of the Estate of Louise J. Landis. 2. That on May 7, 2008 written notice of the time of presentation of the Account and Proposed Schedule of Distribution and the character thereof was given to all parties in interest as shown on Exhibit A attached hereto at least twenty (20) days prior to the date fixed for the confirmation of the Account in accordance with and as required by Section 3503 of the PEF Code. .~ ~.. ~.. MICHAEL L. BANGS Sworn to and >u ibed bef e e is day of tl1 ~ ~~ ~~ ~ ~~8. 4'~trlf:$~ t..'.T1JBi i~uif7~. i id'.., u".:Yf'~ti 3tailtj ~1~ Gi~fii'f ii°~::NJn E~ir~s i`~~i2 jr 10, 2011 ,~~~.~-~ Pennsylvania Association of Nataries r? ^J ::-, ~ ' _.. _ T ~ r- ~ . ~ , 1 z ~~~ t ',~ _~ .,ti, : 4 j t `~~ r ,.~ EXHIBIT A Joseph M. Landis l2 Eisenhower Blvd. Duncannon, PA 17020 Katharine Barbagallo 31 Wahsburne Drive Berlin, NJ 08009 Louise Landis 79 Nater Street Ashland, PA 17921-1925 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION FILE N0.21- 07-0789 FIRST AND FINAL ACCOUNT OF Joseph M. Landis, Executor of the ESTATE of LOUISE J. LANDIS, Deceased Late of East Pennsboro Township, Cumberland County, Pennsylvania Date of Death: August 3, 2007 Date of Grant of Letters Testamentary to Joseph M. Landis August 23, 2007 Date of First Advertisement of Letters: Cumberland Law Journal September 7, 2007 The Sentinel September 13, 2007 Date of Accounting August 3, 2007 to May 6, 2008 PURPOSE OF' ACCOUNTING: Joseph M. Landis, Executor, offers this Account to acquaint interested parties with the transactions that have occurred during this administration. It is important that the Account be carefully reviewed. Requests for additional information or questions can be discussed with: n Michael L. Bangs, Esquire ~- "~ ~' ~' _. - ' Bangs Law Office -`~~ .ms r ~-~ '- Attorney Identification Number 41263 t--~ j s ~ --F ~ ~2 ~ _-~ 429 South 18t~ Street, Camp Hill, PA 17011 °_-%~~'~ _ -~ (717) 730-7310 --' ~ ~~!r' _ _ ~ ~ + `-~-~ i 'i'1 SUMMARY OF ACCOUNT PAGE PRINCIPAL Receipts of Principal 3 LESS DISBURSEMENTS Debts of Decedent 4 Administrative Expenses 4 Attorney's Fees 5 Administrator's Fee 5 Accountant Fees 5 INCOME Receipts of Income 6 COMBINED BALANCE ON HAND PROPOSED SCHEDULE OF DISTRIBUTION 7 VERIFICATION 8 $92,800.46 ~ $2,979.31 $15,770.70 $8,500.00 $8,500.00 $645.00 $36,395.01 0.001 $56,405.45 ~ Page 2 RECEIPTS OF PRINCIPAL PRINCIPAL DATE RECEIPTS 9/5/2007 Cash of Decedent 9/5/2007 Commerce Bank Accounts 9/ 14/2007 2006 property tax/rent rebate 10/4/2007 Sale of automobile 10/25/2007 Refund from Comcast Cable 11/19/2007 Refund from The Hartford (cancelation of policy) 11/30/2007 Proceeds from sale of real estate 12/14/2007 Refund oldunearned home owners insurance premium 12/14/2007 Proceeds from Pershing Individual Account 12/26/2007 Refund from Sun Trust Mortgage (refund of escrows) l /7/2008 Refund from T-Mobile 1/18/2008 Refund from UGI 5/1/2008 Economic; stimulus payment/rebate from IRS TOTAL PRINCIPAL RECEIPTS $22.57 $5,208.51 $500.00 $1,700.00 $46.40 $45.00 $79,074.68 $344.00 $4,641.23 $889.91 $25.64 $2.52 $300.00 $92,800.46 ~ Page 3 DISBURSEMENTS OF PRINCIPAL DATE DEBTS OF DECEDENT 9/6/2007 Verizon $37.48 9/6/2007 Chase Card Services $92.17 9/6/2007 UGI $17.17 9/6/2007 PP&L $66.36 9/6/2007 Sun Trust Mortgage (payments for July and August, 2007) $907.24 9/6/2007 PA American Water Company $28.42 9/13/2007 AT&T $39.26 9/13/2007 T-Mobile $24.64 9%13/2007 Comcast Cable $49.60 9/13/2007 Chase Card Services $15.00 10/4/2007 PA American Water Company $17.79 10/4/2007 PP&L $23.48 10/4/2008 Sun Trust Mortgage (escrow account shortages due) $265.94 10/ 17/2007 UGI $7.05 10/ 17/2007 East Pennsboro Township (sewer and trash) $115.00 10/25/2007 Chase Card Services $2.14 l 0/31/2007 Sun Trust Mortgage (September and October payments plus late fee) $923.85 10/3 l /2007 PP&L $22.25 10/31 /2007 UGI $14.55 1 l / 19/2007 PA American Water Company $18.54 12/3/2007 PP&L $18.39 12/3/2007 PA American Water Company $18.74 12/3/2007 Quantum Imaging $243.94 12/5/2007 PP&L (finail bill) $5.27 12/5/2007 UGI (final bill) $2.52 12/14/2007 UGI (duplicate payment) $2.52 TOTAL DEBTS OF DECEDENT: $2,979.31 DATE ADMINISTRATIVE EXPENSES 8/23/2007 Register of Wills (probate fees) $364.00 8/27/2007 Cumberland Law Journal (advertising fee) $75.00 9/19/2007 Postmaster $5.38 9/28/2007 The Sentinel (advertising fee) $126.70 10/15/2007 Katharine Barbagallo (reimbursement for jewelry appraisal) $190.46 10/17/2007 Chuck Bricker (appraisal of personal property) $90.00 11/14/2007 Sandra Feigley, Inc. (painting at house) $480.00 11 /19/2007 Joseph Landis (reimbursement for carpet cleaning at house) $54.03 12/3/2007 Richardson Funeral Home, Inc. $5,211.06 Page 4 DISBURSEMENTS OF PRINCIPAL 12/5/2007 Joseph Landis (reimbursement for various expenses paid for house) $109.58 1/18/2008 Register of Wills (inheritance tax due) $8,898.03 1/18/2008 Register of Wills (filing fee for inheritance tax return and inventory) $30.00 4/10/2008 Postmaster (certified mailing of 2007 income tax returns) $6.46 4/30/2008 Register of Wills (Accounting filing fee) $130.00 TOTAL ADMINISTRATIVE EXPENSES: $15,770.70 DATE FEES AND COMMISSIONS Michael L. Bangs, Esquire (attorney fees) (to be paid) $8,500.00 3/26/2008 Boyer & Ritter (accountant fee; preparation of 2007 income tax returns) $300.00 Joseph M. Landis (executor commission to be paid) $8,500.00 Boyer & Ritter (accountant fee; preparation of estate income tax returns) $345.00 TOTAL FEES: $17,645.00 TOTAL DISBURSEMENTS OF PRINCIPAL: $36,395.01 Page~y RECEIPTS OF INCOME INCOME DATE RECEIPTS TOTAL INCOME RECEIPTS $0.00 Page 6 PROP0;5ED SCHEDULE OF DISTRIBUTION OF REMAINING PRINCIPAL AND INCOME NAME DISTRIBUTION Joseph M. Landis $18,801.81 Louis Landis $18,801.82 Katharine Barbagallo $18,801.82 TOTAL DISTRIBUTIONS TO BENEFICIARIES $56,405.45 Page 7 AFFIDAVIT Joseph M. Landis, Executor of the Estate of Louise J. Landis, deceased, hereby declares under oath that he has fully and faithfully discharged the duties of his office; that the foregoing Account 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 the best of his knowledge, there are no claims now outstanding against the estate; that all taxes presently due from the estate have been paid; and that more than four months have elapsed since the first complete advertisement of the granting of letters in this estate. This statement is made subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. SUBSCRIBED AND S~TO BEF„M~ THIS 'L DA 008. ~, 1. n Notary Publi~ J ph .Landis C~s~n~o;vtiti~t~i_~~ i~ ~~~ ~~a=i~'ra~°ri_vr.~a~~ r~:~~,~f >~~s ~4V1/E~f~,~:rs>'! `'!r',^ , l,~Li:'~.(,i_~~,!"iti']Cl ~~Gl`%i~; t.iDf27~`7'piC:`.ti%3i i:'.~~.„''G fitay ~t1, ~~ I pennsyl~ania Association of Nataries REQUEST FOR DISTRIBUTION Accountant requests that distribution be determined by the Court in accordance with the Schedule of Proposed Distribution filed as part of this account. Jo . L is Page ~',