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HomeMy WebLinkAbout06-13-08~' ~ ~.~, ~~' ! ~~. ~ 7 DECEDENT'S ESTATE COURT OF COMMON PLEAS OF n N -n CUMBERLAND COUNTY PENNSYLVANIA C~ =-=;"~~f `= = -~, ~~ `-'-: , ORPHANS' COURT DIVISION 1? n ' m Q ~- - _ , -- C -~ -_, ~ `- ~, -~~~ ESTATE OF JOSEPHINE A. BURKE DECEASED ~ ~ !;,~, ~~~ , No. 21-06-0968 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. INCL UDE ATTACHMENTS AT THE BACK OF THIS FORM. Name of Counsel: David H. Stone, Esquire Supreme Court I.D. No.: 39785 Name of Law Firm: Stone LaFaver & Shekletski Address: 414 Bridge Street Telephone: 717-774-7435 Fax: 717-774-3869 Form OC-0/ rev. 10.13.06 Page 1 of 10 ~-~( Estate of JOSEPHINE A. BURKE 1. Name(s) and address(es) of Petitioner(s): Name: John F. Burke Address: 311 Manchester Road Camp Hill, PA 17011 Identify any executors or administrators who have not joined in the Petition for Adjudication and Statement of Proposed Distribution and state reason: Deceased Is this the first accounting by this fiduciary? ..................... ^/ Yes ^ No If not, identify prior accountings, the accounting periods covered, and the date of adjudication of the prior accounting. 2. Decedent died on October 18, 2006 /^ Letters Testamentary or ^ Letters of Administration were granted to Petitioner(s) on November 1.2006 Date of Will (if applicable): August 29, 2001 Date(s) of Codicil(s) (if applicable): N/A Date of probate (if different from date Letters granted): Was a bond required? ^Yes /^ 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: Cumberland Law Journal on Nov 17, 24, & Dec. 1, 2006 and The Patriot News Co. on Nov. 15, 22, & 29, 2006 Form OC-01 rev. 10.!3.06 Page 2 of 10 Estate of JOSEPHINE A. BURKE 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? ............. DYes ®/ No (See Section 2201 et sue. 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 (f none, so state): N/A 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 0 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? .............................. ©/ Yes ©No Form oc-o~ rev. ro.~3.06 Page 3 of 10 Estate of JOSEPHINE A. BURKE 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. 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 olEach Partv in John F. Burke Son 311 Manchester Road Camp Hill, PA 17011 Interest and 50% of residue Joanne B. Babaian aka Joanne C Daughter 15 Sussex Road Camp Hill, PA 17011 12.50% of residue Form OC-0! rev. !0.!3.06 Page 4 Of lO Estate of JOSEPHINE A. BURKE Deceased Name and Address of Each Parry in Interest ~ Relationship and Comments, i any ~ Interest Matthew Babaian Grandson 12.50% of residue 1007 Lewisberry Road Lewisberry, PA 17339 David Babaian Grandson 12.50% of residue 1335 Philadelphia Street Indiana, PA 15701 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 12.4). 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-01 rev. /0.13.06 Page 5 of 10 Estate of JOSEPHINE A. BURKE ,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 !n Full? N/A ®Yes ^Yes ~No ~ No Yes ~ Yes ~No 0 No DYes ^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. 11. Was family exemption claimed? ................................ DYes ~No Was family exemption allowed? ................................ DYes ~No Family exemption claimant's name and relationship: Name: Relationship: Form OC-01 rev. 10.!3.06 Page 6 of 10 Estate of JOSEPHINE A. BURKE 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 12-13-06 51 ni 1-9-07 9-7-07 307.04 1-25-08 $3.43 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. 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? .................. ©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. 4,210.53 Form oc-oI rev. lo.I3.06 Page 7 of 10 Estate of JOSEPHINE A. BURKE Deceased 16. Had the decedent been adjudicated an incapacitated person? .......... ~ 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. N/A B. Has notice of the additional receipts and disbursements been given to the parties identified in Paragraph 9 above? ............. Q Yes ~ No 18. If a reserve is requested, state amount and purpose. Amount• 200'~~ Purpose: To file a Receipt, Release and Waiver of Accounting for each party and any unexpected expenses that arose. In this case, not all parties were willing to sign the Release and a First and Final Account had to be filed. 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 ~No If so, attach a copy of the notice. 19. Is the Court being asked to direct the filing of a Schedule of Distribution? .......................... '/®Yes ®No As to real estate only? ........................................ Yes ©/ No Form OC-ol rev. !0.13.06 Page 8 of 10 Estate of JOSEPHINE A. BURKE ,Deceased Wherefore, your Petitioner(s) ask(s) that distribu tion 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(sJ Amount/Proportion John F. Burke 50% of residue Joanne B Babaian aka Joanne C. 12.50% of residue Matthew Babaian 12.50% of residue B. Principal: Proposed Distributee(s) Amount/Proportion John F. Burke 50% of residue Joanne B. Babaian aka Joanne C. 12.50% of residue Matthew Babaian 12.50% of residue Submitted By: (All petitioners must sign. Add additional lines if necessary): N e of Petitioner: John F. Burke Name of Petitioner: Form OC-01 rev. 10.!3.06 Page 9 of 10 Estate of JOSEPHINE A. BURKE Verification of Petitioner (Verification must be by at least one petitioner.) Deceased The undersigned hereby verifies * [that heishe is time 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. § 4904 (relating to unsworn falsification to authorities). Sig tore 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~eyond the responses herein. /) Si Form OC-ol rev. 10.13.06 Page 10 of 10 Petition for Adjudication and Statement of Proposed Distribution for the Estate of Josephine M. Burke Additional named beneficiaries #9 A Michael Babaian 1024 Fox Croft Road Camp Hill, PA 17011 Grandson 12.50% of residue Additional Proposed Distributees and proportions of Income and Principal A. Income David Babaian Michael Babaian B. Principal David Babaian Michael Babaian 12.50% of residue 12.50% of residue 12.50% of residue 12.50% of residue LAST WILL AND TESTAMENT OF JOSEPHINE BURKE I, JOSEPHINE BURKE, of the Borough of New Cumberland, Cumberland County, Pennsylvania, declare this to be my last will and revoke any will previously made by me. ITEM I: I direct that my Executor hereinafter named shall pay all my just debts and funeral expenses as soon as conveniently may be done after my decease from the residue of my estate. ITEM II: I devise and bequeath all the rest, residue and remain- der of my estate, of every nature and wherever situate, as follows: A. One-half thereof to my son, JOHN F. BURKE, provided he survives me. B. One-half thereof to be divided in equal shares between the following persons who survive me, my daughter, JOANNE B. BABAIAN, my grandson, MATTHEW BABAIAN, my grandson, DAVID BABAIAN, and my grandson, MICHAEL BABAIAN. ITEM III: I appoint my son, JOHN F. BURKE, Executor of this my last will. Should my son, JOHN F. BURKE, fail to qualify or cease to Page 1 of 4 act as Executor, I appoint DAVID H. STONE, Executor of this my last will. ITEM IV: No fiduciary acting hereunder shall be required to post bond or enter security for the faithful performance of his duties in any jurisdiction. IN WITNESS /WHEREOF, I, JOSEPHINE BURKE, have hereunto set my hand and seal this O'~a . day of ~j~~„ ~ 2001 . JOSEPHINE BURKE SIGNED, SEALED, PUBLISHED and DECLARED by JOSEPHINE BURKE, the Testatrix above named, as and for her Last Will and Testament, and in the presence of us, who at her request, in her presence and in the presence of each th r, have subscribed our names as witnesses. r Wi ess Address Witness Address Page 2 of 4 COMMONWEALTH OF PENNSYLVANIA: . SS. COUNTY OF CUMBERLAND , I, JOSEPHINE BURKE, the Testatrix whose name is signed to the at- tached or foregoing instrument, having been duly qualified according to law do hereby acknowledge that I signed and executed this instru- ment as my last will; that I signed it willingly and that I signed it as my free and voluntary act for the purposes therein contained. .' ' JOSEPHINE BURKE Sworn to or affirmed to and acknowledged before me by JOSEPHINE BURKE, the Testatrix, this ~ day of .! r 2001. ,~~ ~ Notary Publi NOTARIAL SEAL PATRICHIA L. YOTER, Notary Public New Cumberland aUro. Cumberland Co. My Commis~lon Expires Nov.18,2002 COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF CUMBERLAND We , 1 ~ ~ t and •C~~Z ~ Z ~'c, ~`yl . /:~2~~ ~ i n c~=', the witnesses whose names are signed to the attached or foregoing Page 3 of 4 instrument, being duly qualified according to law, depose and say that we were present and saw Testatrix sign and execute the instrument as her last will; that Testatrix signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix signed the will as witnesses; that to the best of our knowledge, the Testatrix was at that time eighteen or more years of age, of sound mind and under no constraint or undue influence. Witn s Witness Sworn to or affirmed to and acknowledged before me by ~~ ~ ~l ~f'('MQ and ,~~~'iti~yfl i'W . !-'"'D ,<i~ G ~ ~c/Cr witnesses, this ~ day of ~#v~~ 2001. Notary Publ' tJOTARlA1. SEAL PATRICHIA L. YOTH;, Notary Public New Cumberland Boro. Cumberland Cc. MY Cerrmrs~ion Expires Nov. 18, 2062 Page 4 of 4 INVENTORY REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA ~ SS COUNTY OF CUMBERLAND File Number 21 06 0968 Personal Representative(s) of the Estate of Josephine A Burke deceased, depose(s) and say(s) that the items appearing in the following inventory include all of the personal assets wherever situate and all of the real estate in the Commonwealth of Pennsylvania of said Decedent, that the valuation placed opposite each item of said inventory represents its fair value as of the date of the decedent's death, and that Decedent owned no real estate outside of the Commonwealth of Pennsylvania except that which appears in a memora um at the end of this inventory. I verify that the statements made in this Inven- tory are true and correct. I understand that false state- ments herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. JoljtR F. Burke, Executor Attorney -- (Name) David H. Stone, Esquire (Supreme Court I.D. No.) 39785 (Address) 414 Bridge Street New Cumberland PA 17070 (Telephone) L717) 774-7435 DATE OF DEATH LAST RESIDENCE DECEDENTS SOC. SEC. NO. 719 Barbara Street 10/18/2006 New Cumberland PA 17070 128-20-6360 FIGURES MUST BE TOTALED AAA-refund AARP-refund 15000 shares Citigroup-Smith Barney - 15000 MBNA American Bank @ $.999 each ~=~ bond dtd 12-19-2001 Int. 5.2% Maturity 12-19-2006 20000 shares Citigroup-Smith Barney - 20000 Countrywide Bank NA @ $.998 each bond dtd 1-19-2006 Int. 4.55% Maturity 1-19-2007 20000 shares Citigroup-Smith Barney - 20000 Countrywide Bk NA @ $.998 each bond dtd 4-27-2006 Int. 5.05% Maturity 4-27-2007 Citigroup-Smith Barney - 20000 Sterling Savings Bank-WA Cert. of Deposit dtd 1-20-06 @ 4.45% Maturity 10-20-06 Citigroup-Smith Barney - 20000 Sterling Savings Bank-Interest on Cert. of Deposit (Attach additioiral sheets as ~reeded) -- ,^, `T- r- ~n 68.00 156.50 `° 14,998.50 r i'rl !a 19,950.60 --:~ 19,954.20 cn ~ 20,000.00 665.67 119,791.91 \OTt= Thy Slemor~ndum of real cst~tr outstJe the ('ommum~ralth ut Pennsylvania may, y[ the election of the personal representati~ e include the ~nlue of each Hein, but s~,ch figures ,houW not he e.etcnded htw the total of the In~entorti. LSrr .0 Pu. CJ'. ,~ i 30I1h11 Fawn Kt{-Ily err. /tIJ ~Jlh Continuation of Inventory ;Josephine A Burke 21 06 0968 Decedent Name Pa e 1 File Number Description of Inventory 20000 shares Citigroup-Smith Barney - 20000 Washington Mutual @ $.999 each Bank bond dtd 8-2-2006 Int. 5.35% Maturity 8-2-2007 Citigroup-Smith Barney -Money Fund Comcast-refund Diocese of Rockville Centre-pension checks recd Erie Insurance-refund New York City Employees Ret. System-pension recd. Sovereign Bank-Cert of Deposit #0775500481 Princ. $548.11, Int. $1.19 Sovereign Bank-Cert of Deposit #0775500481 -Accrued interest Sovereign Bank-Cert of Deposit #0775503089 Princ. $1,053.08, Int. $1.89 Sovereign Bank-Cert of Deposit #0775503089 -Accrued interest Sovereign Bank-Checking Acct. #0771033125 Princ. $7956.19, Int. $.19 Sovereign Bank-Checking Acct. #0771033125 -Accrued interest 5 shares The Great Atlantic & Pacific Tea Company stock @ $27.530 each Uncashed checks Sovereign Bank $143.70 Citigroup {2 2Countrywide) $163.07 United Health-refund US Treasury-refund on decedents 2006 income tax Subtotal ; 19,992.60 10,516.63 43.08 1,194.24 218.00 918.85 548.11 1.19 1,053.08 1.89 7,956.19 0.19 137.65 306.77 24.97 1,075.00 43,988.44 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 since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 15th, 22nd and 29th day(s) of November 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 Sworn to a scri ed before me this 29th day of November 2006 A.D. ' COMMONWEALTH OF PENNSYLVANIA Notarial Seal Terry L. Russell, Notary Public City Of Harrisburg, auphin County Commission E Tres Jun 010 ~ - ber. Pennsvlva ' As oci of Notaries .~~~nMnarr el F ~jn~~ ~ w Gm,r~+i~Q, ,and ~~ hsw be.n ananrd~N ti1S Yaan . ai miens a~d.e~.d to Mr arld . an rwwstw fs mae. tranNi~IS-MY- rnelt onA 11K1M hovlno doinat vgfl vnr- snf MNrn vrtlhsiA dslar io: Js11~ P. NrY art ~..~ • P.O. MK i ~ lMw G~smYsrhb PA 17MIr NOTAR~i' PUBLIC STONE, LAFAVER & SHEKLETSKI 414 BRIDGE STREET P.O. BOX E NEW CUMBERLAND, PA. 17070 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 same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: November 17, November 24, and December 1, 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. Burke, Josephine A. a/k/a Jose- phine Burke, decd. Late of the Borough of New Cum- berland. Executor: John F. Burke, 311 Manchester Road, Camp Hill, PA 17011. Attorneys: David H. Stone, Es- quire. Stone LaFaver & Sheklet- ski, P.O. Box E, New Cumber- land, PA 17070. ~. L sa Marie Coyne, Ed for SWORN TO AND SUBSCRIBED before me this 1 day of December. 2006 _ NOTARIAL SEAL LOTS E. SNYDER, Notary Put>aic CarNsle Boro, Cumberland Cour-ty My Commissan Expires March 5, 2009 • COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU of INDIVIDUAL Taxes INHERITANCE TAX INHERITANCE TAX DIVISION STATEMENT O F AC C O U N T PO BOX 280601 HARRISBURG PA 17128-0601 REV-1607 EX AFP C03-05) DATE 03-03-2008 ESTATE OF BURKE JOSEPHINE A DATE OF DEATH 10-18-2006 FILE NUMBER 21 06-0968 COUNTY CUMBERLAND DAVID H STONE ESG ACN 101 STONE ETAL Amount Remitted 414 BRIDGE ST NEW CUMBERLAND PA 17070 MAKE CHECK PAYABLE AND REMIT PAYMENT T0: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 NOTE: To insure proper credit to your account, submit the upper portion of this form with your tax payment. CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~ --------------------------------------------------------------------------- REV-1607 EX AFP C03-05) *** INHERITANCE TAX STATEMENT OF ACCOUNT ~** ESTATE OF BURKE JOSEPHINE A FILE N0. 21 06-0968 ACN 101 DATE 03-03-2008 THIS STATEMENT IS PROVIDED TO ADVISE OF THE CURRENT STATUS OF THE STATED ACN IN THE NAMED ESTATE. SHOWN BELOW IS A SUMMARY OF THE PRINCIPAL TAX DUE, APPLICATION OF ALL PAYMENTS, THE CURRENT BALANCE, AND, IF APPLICABLE, A PROJECTED INTEREST FIGURE. DATE OF LAST ASSESSMENT OR RECORD ADJUSTMENT: 11-13-2007 PRINCIPAL TAX DUE: PAYMENTS CTAX CREDITS): PAYMENT DATE RECEIPT NUMBER DISCOUNT C+) INTEREST/PEN PAID C-) AMOUNT PAID 12-13-2006 CD007560 2.55 48.46 01-09-2007 CD007667 210.53 4,000.00 09-07-2007 CD008649 .00 307.04 01-25-2008 CD009210 3.43- 3.43 TOTAL TAX CREDIT BALANCE OF TAX DUE INTEREST AND PEN. ^ IF PAID AFTER THIS DATE, SEE REVERSE I TOTAL DUE SIDE FOR CALCULATION OF ADDITIONAL INTEREST. C IF TOTAL DUE IS LESS THAN 31, NO PAYMENT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT" CCR), YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM Fna TNCTWIIrTinNC i 4,568.58 4,568.58 .00 .00 .00 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. ORPHANS' COURT DIVISION FILE NO. 21-06-0968 FIRST AND FINAL ACCOUNT OF John F Burke Executor For ESTATE OF Josephine A Burke, Deceased Date of Death: October 18, 2006 Date of Executor's Appointment November O1, 2006 Date of First Complete Advertising: November 15, 2006 Accounting for the Period: October 18, 2006 December 28, 2007 r~.a T_ c 4' O ~ ^~ . _i- ~'~ a=~ ~ ~ ~~ -~ rn --- ; f-, ~ _ _ - ; ~ c~ ~. -, -, , - C~ -,-, .-~ -, _; ` -'-~~, to Purpose of Account: The Executor offers this Account to acquaint interested parties with the transactions that have occurred during the Administration. It is important that the Account be carefully examined. Requests for additional information, questions or objections can be discussed with: David H. Stone, Esquire 414 Bridge Street New Cumberland, PA 17070- (717)774-7435 Supreme Court I.D. No. 39785 SUMMARY OF ACCOUNT PAGES PRINCIPAL Receipts 3 $ 119,791.91 Net Gain (or Loss) on Sales or Other Dispositions -17.55 119,774.36 Less Disbursements Administration Cost 6 30.00 Federal and State Taxes 6 1,294.00 Fees & Commissions 6 13,888.00 Funeral Expenses 6 7,201.55 Investment Expense 6 35.26 Miscellaneous Expenses 6 6,474.92 Personal Expenses 6 1,462.02 -$30,385.75 Balance before Distributions 89,388.61 Distribution to Beneficiaries 7 89 388.61 Principal Balance on Hand , $0.00 For Information: Investments Made Changes in Holdings 9 INCOME Receipts I 1 3,186.96 Less Disbursements -361 06 Balance Before Distributions . Distributions to Beneficiaries 14 2,825.90 2,825.90 Income Balance on Hand 15 0.00 COMBINED BALANCE ON HAND 0.00 Verification 16 2 PRINCIPAL RECEIPTS Assets Listed in Inventory (Valued as of Date of Death) Cash and Cash EcLuivalents AAA-refund AARP-refund Citigroup-Smith Barney - 20000 Sterling Savings, Bank-WA Cert. of Deposit dtd 1-20-06 @ 4.45% Maturity 10-20-06 Citigroup-Smith Barney - 20000 Sterling Savings -, Citigroup-Smith Barney -Money Fund Comcast-refund Diocese of Rockville Centre-pension checks recd Erie Insurance-refund New York City Employees Ret. System-pension rec. Sovereign Bank-Cert of Deposit #0775500481, Princ. $548.11, Int. $1.19 Sovereign Bank-Cert of Deposit #0775500481 - Accru, Sovereign Bank-Cert of Deposit #0775503089, Princ. $1,053.08, Int. $1.89 Sovereign Bank-Cert of Deposit #0775503089 - Accru, Sovereign Bank-Checking Acct. #0771033125, Princ. $7956.19, Int. $.19 Sovereign Bank-Checking Acct. #0771033125 - Accrue, United Health-refund US Treasury-refund on decedents 2006 income tax Cash and Undenosited Checks Uncashed checks, Sovereign Bank $143.70 Citigroup (2 2Countrywide) $163.07 68.00 156.50 20,000.00 665.67 10,516.63 43.08 1,194.24 218.00 918.85 548.11 1.19 1,053.08 1.89 7,956.19 0.19 24.97 1,075.00 $ 44,441.59 306.77 3 PRINCIPAL RECEIPTS (Continued) Assets Listed in Inventory (Val aced as of Date of Death) FORWARD $59,746.86 Stocks Bonds and Mutual Funds 15,000.00 Units Citigroup-Smith Barney - 15000 MBNA 14,998.50 American Bank, bond dtd 12-19-2001 Int. 5.2% Maturity 12-19-2006 20,000.00 Units Citigroup-Smith Barney - 20000 Countrywide 19,950.60 Bank NA, bond dtd 1-19-2006 Int. $4.55% Maturity 1-19-2007 20,000.00 Units Citigroup-Smith Barney - 20000 Countrywide 19,964.20 Bk NA, bond dtd 4-27-2006 Int. $5.05% Maturity 4-27-2007 20,000.00 Shares Citigroup-Smith Barney - 20000 Washington 19,992.60 Mutual, Bank bond dtd 8-2-2006 Int. $5.35% Maturity 8-2-2007 5.00 Shares The Great Atlantic & Pacific Tea Company 13.7.65 75,043.55 stock TOTAL INVENTORY $ 119,791.91 4 PRINCIPAL GAINS OR LOSSES ON SALES OR OTHER DISPOSITIONS 10/20/2006 Citigroup-Smith Bamey - 20000 Sterling Savings Net Proceeds Fiduciary Acquisition Value 12/12/2006 5.0000 Shares The Great Atlantic & Pacific Tea Company stock Net Proceeds Fiduciary Acquisition Value 12/19/2006 15,000.0000 Units Citigroup-Smith Barney - 15000 MBNA American Bank Net Proceeds Fiduciary Acquisition Value 01/12/2007 20,000.0000 Units Citigroup-Smith Barney - 20000 Countrywide Bk NA Net Proceeds Fiduciary Acquisition Value 01/18/2007 20,000.0000 Shares Citigroup-Smith Barney - 20000 Washington Mutual Net Proceeds Fiduciary Acquisition Value 01/19/2007 20,000.0000 Units Citigroup-Smith Barney - 20000 Countrywide Bank NA Net Proceeds Fiduciary Acquisition Value TOTALS NET LOSS TRANSFERRED TO SUMMARY $ 20,000.00 20,000.00 134.00 137.65 15,000.00 14,998.50 20,000.00 19,964.20 19,892.00 19,992.60 20,000.00 19,950.60 5 GAIN LOSS 3.65 1.50 35.80 100.60 49.40 $86.70 ($104.25) ($ 17.55) DISBURSEMENTS OF PRINCIPAL ADMINISTRATION COST 01/25/2007 Sovereign Bank-service fee on withdrawal $ 10.00 05/17/2007 Sovereign Bank-service fee on withdrawal 10.00 05/29/2007 Sovereign Bank-service fee on withdrawal 10.00 $ 30.00 FEDERAL AND STATE TAXES 05/07/2007 US Treasury-addl tax on decedent's 2005 income tax 1,294.00 1,294.00 FEES & COMMISSIONS 05/29/2007 John Burke-Executors commission 6,944.00 09/07/2007 Stone LaFaver & Shekletski-Atty fee 6,944.00 13,888.00 FUNERAL EXPENSES 12/14/2006 John Burke-Reimb. on various funeral expenses 5,000.00 05/17/2007 John Burke-Reimb. on bal due on funeral exp. 2,201.55 7,201.55 INVESTMENT EXPENSE 12/01/2006 Citigroup-legal transfer fee 30.00 12/12/2006 Citigroup-fee on sale of stock 5.26 35.26 MISCELLANEOUS EXPENSES 11/06/2006 AARP-premium due 156.50 01/16/2007 Register of Wills Agent-5% disc on inh. tax 4,000.00 01/18/2007 Diocese of Rockville Centre-overpayment on pension 796.16 01/18/2007 New York City Employees Ret. System-overpayment 405.03 OS/ 17/2007 John Burke-Reimb. on probate 314.00 09/07/2007 Register of Wills-filing Inh. Tax Ret. & Inventory 30.00 09/07/2007 Register of Wills, Agent-inh. tax payment 307.04 09/07/2007 David H. Stone-Reimb. on 2 adv. and death cert 266.19 12/28/2007 Reserve for filing Releases and closing expenses 200.00 6,474.92 PERSONAL. EXPENSES 11/10/2006 FIA Card Services-debt of decedent 428.26 12/14/2006 Talk America-debt of decedent 33.76 05/17/2007 John Burke-Reimb. on Thelma Detweiler's serv. 1,000.00 1,462.02 TOTAL DISBURSEMENTS OF PRINCIPAL $ 30,385.75 6 DISTRIBUTIONS OF PRINCIPAL TO BENEFICIARIES TO: David Babaian Partial distribution 01/25/2007 Sovereign Bank-Estate Checking Acct. Distribute $ 5,000.00 cash in the amount of $5,000.00 to David Babaian TO: David Babaian Residue of estate 12/28/2007 Sovereign Bank-Estate Checking Acct. Distribute 6 173.57 cash in the amount of $6,173.57 to David Babaian TO: Joanne B Babaian aka Joanne C Partial distribution 01/25/2007 Sovereign Bank-Estate Checking Acct. Distribute 5 000.00 cash in the amount of $5,000.00 to Joanne B Babaian aka Joanne C TO: Joanne B Babaian aka Joanne C Residue of estate 12/28/2007 Sovereign Bank-Estate Checking Acct. Distribute 6 173.58 cash in the amount of $6,173.58 to Joanne B Babaian aka Joanne C TO: John F Burke Partial distribution 05/17/2007 Sovereign Bank-Estate Checking Acct. Distribute 123.39 cash in the amount of $123.39 to John F Burke 05/29/2007 Sovereign Bank-Estate Checking Acct. Distribute 13,056.00 cash in the amount of $13,056.00 to John F Burke 01/25/2007 Sovereign Bank-Estate Checking Acct. Distribute 20,000.00 cash in the amount of $20,000.00 to John F Burke 05/25/2007 Sovereign Bank-Estate Checking Acct. Distribute 500.00 33,679.39 cash in the amount of $500.00 to John F Burke TO: John F Burke Residue of estate 12/28/2007 Sovereign Bank-Estate Checking Acct. Distribute 11,014.92 cash in the amount of $11,014.92 to John F Burke 7 TO: Matthew Babaian Partial distribution 01/25/2007 Sovereign Bank-Estate Checking Acct. Distribute cash in the amount of $5,000.00 to Matthew Babaian TO: Matthew Babaian Residue of estate 12/28/2007 Sovereign Bank-Estate Checking Acct. Distribute cash in the amount of $6,173.57 to Matthew Babaian TO: Michael Babaian Partial distribution 01/25/2007 Sovereign Bank-Estate Checking Acct. Distribute cash in the amount of $5,000.00 to Michael Babaian TO: Michael Babaian Residue of estate 12/28/2007 Sovereign Bank-Estate Checking Acct. Distribute cash in the amount of $6,173.58 to Michael Babaian TOTAL DISTRIBUTIONS OF PRINCIPAL TO BENEFICIARIES 5,000.00 6,173.57 5,000.00 6,173.58 $ 89,388.61 8 CHANGES IN PRINCIPAL HOLDINGS Citieroun-Smith Barney - 20000 Countrywide Bk NA 10/ 18/2006 20,000 Units Inventoried at $1.00 each 01/12/2007 20,000 Units Sold, carried at $1.00 each No Longer Held CitiQroun-Smith Barney - 20000 Sterlin Savings - 10/18/2006 Inventoried Value 1 1/10/2006 Transfer cash in the amount of $665.67 from Citigroup-Smith Barney - 20000 Sterling Savings - to Sovereign Bank-Estate Checking Acct. No Longer Held Citieroun-Smith Barney - 20000 Washington Mutual 10/18/2006 20,000 Shares Inventoried at $1.00 each 01/18/2007 20,000 Shares Sold, carried at $1.00 each No Longer Held Sovereign Bank-Cent of Deposit #0775500481 - Accru 10/18/2006 Inventoried Value 11/10/2006 Transfer cash in the amount of $2.57 from Sovereign Bank-Cert of Deposit #0775500481 - Accru to Estate Checking Acct. No Longer Held Sovereign Bank-Cert of Deposit #0775503089 - Accru 10/18/2006 Inventoried Value 11/10/2006 Transfer cash in the amount of $4.09 from Sovereign Bank-Cert of Deposit #0775503089 - Accru to Estate Checking Acct. No Longer Held ACCOUNT VALUE $ 19,964.20 -$19,964.20 $0.00 665.67 -$665.67 $0.00 19,992.60 -$19,992.60 $0.00 1.19 -$1.19 $0.00 1.89 -$1.89 $0.00 9 CHANGES IN PRINCIPAL HOLDINGS (Continued) Sovereign Bank-Checking Acct. #0771033125 -Accrue 10/18/2006 Inventoried Value 11/10/2006 Transfer cash in the amount of $0.68 from Sovereign Bank-Checking Acct. #0771033125 -Accrue to Sovereign Bank-Estate Checking Acct. No Longer Held The Great Atlantic & Pacific Tea Company stock 10/18/2006 5 Shares Inventoried at $27.53 each 12/12/2006 5 Shares Sold, carried at $27.53 each No Longer Held ACCOUNT VALUE 0.19 -$0.19 $0.00 137.65 -$137.65 $0.00 IO RECEIPTS OF INCOME Citigroup-Bank deposit program 10/31/2006 Interest Income $ 7 12 11/21/2006 Interest Income 18.17 11/28/2006 Interest Income 23.95 12/12/2006 Interest Income 24.20 12/29/2006 Interest Income 0.16 01/19/2007 Interest Income 10.12 $ 83.72 Citi¢roun-Smith Barney - 15000 MBNA American Bank 12/19/2006 Interest Income 391.07 Citieroun-Smith Barney - 20000 Countrywide Bank NA 10/ 19/2006 Interest Income 74.79 11/20/2006 Interest Income 77 29 12/19/2006 Interest Income 74.79 01/18/2007 Interest Income 77.29 304.16 Citieroun-Smith Barney - 20000 Countrywide Bk NA 10/27/2006 Interest Income 83.01 11/28/2006 Interest Income 85 78 12/27/2006 Interest Income 83.01 01/12/2007 Interest Income 44.27 296.07 Citieroup-Smith Barney - 20000 Washington Mutual 01/18/2007 Interest Income 495.42 Citieroun-Smith Bamey -Money Fund 10/31/2006 Dividend Income 19.28 11/28/2006 Dividend Income 41.90 12/29/2006 Dividend Income 126.95 01/19/2007 Dividend Income 117.26 305.39 Diversified Investments-Tax Deferred Annuity 1 2/1 212006 Annuity 361.06 Sovereign Bank-Cert of Deposit #0775500481 - Accru 1 1/10/2006 Interest Income 1.38 RECEIPTS OF INCOME (Continued) Sovereien Bank-Cert of Deposit #0775503089 - Accru 11/10/2006 Interest Income Sovereien Bank-Checking Acct #0771033125 -Accrue 11/09/2006 Interest Income Soverei¢n Bank-Estate Checkin Acct 11/30/2006 Interest Income 12/29/2006 Interest Income 01/30/2007 Interest Income 02/28/2007 Interest Income 03/30/2007 Interest Income 04/30/2007 Interest Income 05/30/2007 Interest Income 06/30/2007 Interest Income 07/30/2007 Interest Income 08/30/2007 Interest Income 09/28/2007 Interest Income 10/30/2007 Interest Income 11/30/2007 Interest Income TOTAL RECEIPTS OF INCOME 2.20 0.49 12.53 15.56 37.14 121.69 117.68 107.99 105.67 77.95 75.56 77.37 70.48 62.83 63.55 946.00 $ 3,186.96 l2 DISBURSEMENTS OF INCOME 05/17/2007 John Burke-annuity proceeds from Diversified TOTAL DISBURSEMENTS OF INCOME $ 361.06 13 DISTRIBUTIONS OF INCOME TO BENEFICIARIES TO: David Babaian Residue of estate 12/28/2007 Sovereign Bank-Estate Checking Acct. Distribute $353.24 cash in the amount of $353.24 to David Babaian TO: Joanne B Babaian aka Joanne C Residue of estate 12/28/2007 Sovereign Bank-Estate Checking Acct. Distribute $353.24 cash in the amount of $353.24 to Joanne B Babaian aka Joanne C TO: John F Burke Residue of estate 12/28/2007 Sovereign Bank-Estate Checking Acct. Distribute $1,412.95 cash in the amount of $1,412.95 to John F Burke TO: Matthew Babaian Residue of estate 12/28/2007 Sovereign Bank-Estate Checking Acct. Distribute $353.24 cash in the amount of $353.24 to Matthew Babaian TO: Michael Babaian Residue of estate 12/28/2007 Sovereign Bank-Estate Checking Acct. Distribute $353.23 cash in the amount of $353.23 to Michael Babaian TOTAL DISTRIBUTIONS OF INCOME TO BENEFICIARIES $2,825.90 14 VERIFICATION JOHN F BURKE, Executor of the Will of JOSEPHINE BURKE, Deceased, hereby declares under oath that he has fully and faithfully discharged the duties of his office; that the foregoing First and Final 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 his knowledge, there are no claims outstanding against the Estate; that all taxes presently due from the Estate have been paid; and that the grant of Letters Testamentary and the first complete advertisement thereof occured more than four months before the filing of the foregoing First and Final Account. This statement is made subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: - (. j ~ ~ G ~luorn .~ a-~'l0. ~il.~+Ci"i r'd~( ~gc.~vr e 1'1rLe_ ~-B~.cs / ~ ~' ~v g r_____ U~~ /V G~ uQ~~IG EeM NOTAg1Al.~ 5~~ TINA M. BURKEY, Notary Public ~ New Cumberland Boro, Cumberland Co. My Commission Expires April 15, 2009 ~/ John F urke IS est\ffa\BORKEnot f r IN RE: ESTATE OF JOSEPHINE M. BURKE, LATE OF THE BOROUGH OF NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA, DECEASED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION C~ : m O ; f N0. 21-06-0968 ~,--~D~, _ ~ . ~ C7 r'. . :~ .- " `~> ~ ~ : = NOTICE OF FILING ACCOUNT AND ;~~rr ~ = ~°~ STATEMENT OF PROPOSED DISTRIBUTION ;_,? ~ ~ ;-' ~. --~ ' t0 NOTICE IS HEREBY GIVEN THAT John F. Burke, Executor of the Last Will and Testament of Josephine M. Burke, deceased, has this date filed his First and Final Account and Statement of Proposed Distribu- tion in the above captioned Estate in the Office of the Register of Wills in and for Cumberland County, Pennsylvania, at Carlisle, PA 17013, where the same are filed as public records and may be inspect- ed. Enclosed herewith are copies of the Inventory, First and Final Account and Statement of Proposed Distribution as filed, together with copies of the will. YOU are further notified that any exceptions or objections to said account or statement must be filed in writing at the Office of the Register of Wills aforesaid prior to the confirmation of said account scheduled as set forth below. UNLESS written exceptions or objections are filed prior thereto, said account and statement will be presented to the above captioned Court in Court Room No. 1 of the Cumberland County Courthouse, Carlisle, Pennsylvania, at 9:30 A.M., prevailing time on Tuesday, August 26, 2008, at which time said account will be confirmed and distribution ordered in accordance with the Statement otf~roposed Distribution. ~-----~ ~~~~ Dav1•c~ H. ~one,~ E~~11.`ire DATE OF NOTICE: ~'` ~' of NOTICES TO: e 1. John F. Burke, 311 Manchester Road, Camp Hill, PA 17011 2. Joanne B. aka Joanne C. Babaian, 15 Sussex Road, Camp Hill, PA 17011 3. Matthew Babaian, 1007 Lewisberry Rd., Lewisberry, PA 17339 4. David Babaian, 1335 Philadelphia Street, Indiana, PA 15701 5. Michael Babaian, 1024 Fox Croft Road, Camp Hill, PA 17011 Proposed Distribution for the Estate of Josephine M. Burke Distribution of Estate $92,214.51 John F. Burke Cash Dist. made $33,679.39 Balance to distribute 12,497.87 `° Total Distribution $46,107.26 ,~ ~ ~.,~ .. 1 ~ ~ ..r t~" .~ '.- C.A~ . Jt Joanne B. aka C. Babaian :=,~~© ~. `:~'r-~ Cash Dist. made $ 5, 000.00 ~~~` z ~~ ~~ Balance to distribute 6,526.82 ~ v Total Distribution $11,526.82 Matthew Babaian Cash Dist. made $ 5,000.00 Balance to distribute 6,526.81 Total Distribution $11,526.81 David Babaian Cash Dist. made $ 5,000.00 Balance to distribute 6,526.81 Total Distribution $11,526.81 Michael Babaian Cash Dist. made $ 5,000.00 Balance to distribute 6,526.81 Total Distribution $11,526.81 Total Distribution $ 92,214.51 Balance in account $ .00