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Home My WebLink About07-02-08Carl G. Wass, Esquire Attorney I.D. No. 07268 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 717-232-7661 cam,. Attorney for Petitioner, Sylvia Stone ~ r~- "~'1 ~: IN RE: IN THE COURT OF COMMON P CUMBERLAND COUNTY, PENl~I VANS ORPHANS' COURT DIVISION ESTATE OF MARGARET F. COLLINS NO. r,2%-~~- (~70(O , 2008 PETITION TO SETTLE A SMALL ESTATE PURSUANT TO THE PROBATE, ESTATE AND FIDUCIARIES CODE, ACT OF 1972, SECTION 3102 TO THE HONORABLE, THE JUDGES OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, ORPHANS' COURT DIVISION: Your Petitioner, Sylvia Stone, a daughter of the deceased, and a party in interest, by her attorneys, Caldwell & Kearns, P.C., respectfully represents the following matters: 1. Your Petitioner is Sylvia Stone, an adult individual who resides at 302 East Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Margaret F. Collins died on December 19, 2007, residing and domiciled at Green Ridge Village, 210 Big Spring Road, Newville, Cumberland County, Pennsylvania, 17241. 3. The original Will of the decedent, executed March 24, 1986, is attached hereto, identified as Exhibit "A", and incorporated herein by reference. 4. Under the terms of the Will, the decedent appointed her husband, Delphin D. Collins, to be the Executor. Delphin D. Collins died on December 27, 1997, thus, causing your e~ i'r) L? 7 _::C°J -'7`i t"T"1 ~1 ~,.? t";`Z ~T~ L3 ~ ,# ~ ~= - - Petitioner, Sylvia Stone, to be the successor Executrix of the Estate of the decedent 5 6. pursuant to the Last Will and Testament of the decedent. Your Petitioner is a party in interest under the provisions of Section 3102 of the PEF Code both because she is now the named Executrix under the Last Will and Testament of the decedent, and because she is one of the five children of the decedent named and identified in the aforementioned Will. Decedent is survived by three daughters and two sons, namely: Sylvia Stone 302 E. Meadow Drive Mechanicsburg, PA 17055 Richard Collins 6315 Pine Street Harrisburg, PA 17112 Sarah Stevens 135 South 31St Street Camp Hill, PA 17011 Delphin "Skip" Collins 245 Lincoln Street Steelton, PA 17113 Lois Bliss 34 Truman Street Palmyra, PA 17078 7. 8. The consent, of all four of Petitioner's siblings, children of the decedent, to the presentation of this Petition by Your Petitioner are attached hereto, identified as Exhibit "B" and incorporated herein by reference. Delphin "Skip" Collins has not personally executed the consent but, instead, his consent to the within Petition has been executed on his behalf by his brother, Richard Collins, Trustee of all funds or monies intended to pass to Delphin "Skip" Collins under the terms of the Will. Delphin "Skip" Collins has been intellectually challenged for the entirety of his life and has for many years, and is presently residing, in a supervised group home atmosphere. At the time of the death of the decedent her assets consisted of the following: 3 A. A check of Presbyterian Homes, Inc.(owner of Green Ridge Village), payable to "Estate of Margaret Collins" in the sum of $1,196.36, representing the payment of the balance of a "resident account" of the decedent at Green Ridge Village. 9. 10 11. B. A check, payable to "Estate of Margaret F. Collins" in the sum of $35.76 from Highmark representing a refund of premium upon the Prescription Drug Plan of the decedent. The decedent was a beneficiary of the Medicaid Program, thus, the total assets of the Estate of the decedent represented by the foregoing two checks, is in the total sum of $1,232.12. As a result of the death of the decedent and the filing of the within Petition, the following items of debts or expenses exist which must be paid, to wit: A. Martha Collins (wife of Richard) for funeral luncheon B. Debra Reindollar payment of personnel -for funeral luncheon C. Beth Giovaniello payment of personnel -for funeral luncheon D. Caldwell & Kearns -fees and costs for instant Petition and inheritance tax return F. Commonwealth of Pennsylvania, Department of Revenue Inheritance tax $150.00 $7s.0o $75.00 $325.00 27.32 TOTAL $652.32 After payment of debts and expenses of the Estate of the decedent, there will remain the cash sum of $579.80 which, in accordance with the terms of the Last Will and Testament of decedent, is to be distributed equally to her five children named in the Will, each, accordingly, to receive cash in the sum of $115.96 (the share intended for Delphin "Skip" Collins to be held in Trust for the benefit of "Skip" by his brother, Richard Collins). 4 12. A Pennsylvania Inheritance Tax Return has been prepared, is ready to be filed, and will be filed, and tax thereon paid when your Petitioner has access to the funds of the Estate of the decedent. WHEREFORE, Your Petitioner, Sylvia Stone, respectfully requests this Honorable Court to enter an Order awarding the Petitioner the assets of the Estate, as agent of decedent's Estate, to pay the debts, expenses, Pennsylvania Inheritance Tax due of the decedent, the cost of this Petition, and to distribute the remainder equally to the five children of the decedent. Respectfully submitted: Carl G. Wass, Esq Attorney I.D. No. 0726 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 Date: J ~ ~ Z 0 0 ~ 717-232-7661 v~ Attorney for Petitioner, Sylvia Stone 133715 5 LAST WILL AND TESTAMENT OF MARGARET F. COLLINS .~ r ~~ v v ~"~ I, MARGARET F. COLLINS, of 80 Winter Lane, Enola, Pennsylvania, being of sound mind, memory and understanding, do make and publish this my Last Will and Testament, hereby revoking and making void all former Wills by me at any time heretofore made. ITEM I. I direct that all my just debts and funeral expenses be fully paid and satisfied as soon as conveniently may be after my decease. ITEM II. I give all of the rest, residue and remainder of my estate unto my husband, Delphin D. Collins, provided that he is living on the thirtieth day after the date of my death. ITEM III. In the event my husband Delphin does not survive me or does not survive me by said period of thirty (30) days, I give all the rest, residue and remainder of my estate unto my five (5) children, in equal shares, share and share alike. As to the shares for my children Sylvia, Sarah, Lois and Richard, in the event any one of said children should predecease me, the share of such deceased child shall pass to his or her tissue per stirpes. As to the share for my son Skip, I authorize (such share to be placed in trust for his benefit and care for the remainder of his life and administered by my son Richard, as Trustee, under the following terms and conditions: A. To use the income and as much of the principal as may be, in the sole discretion of my Trustee, necessary for :maintenance, support and medical expenses of Skip. B. Upon the death of Skip, my Trustee is authorized to ,i f +, V s~ n'~ ~J " J ~. Imo, divide and distribute the accumulated income and principal remaining in his hands among my remaining four children, share and share alike, or their issue per stirpes. ITEM IV. It is hereby directed that my executor, hereinafter named, shall pay all inheritance, state, succession and legacy taxes to which my estate or the transfer of any property hereunder may be subject and to charge such tax as part of the administration, payable out of my residuary estate. ITEM V. I nominate, constitute and 'appoint my husband, Delphin, to be and act as my sole Executor of this my Last Will and Testament. In the event of renunciation, death, resignation or inability to act for any reason whatsoever of my husband, I nominate, constitute and appoint my daughter 'Sylvia Stone, as Executrix of this my Last Will and Testament. My Executor or Executrix shall not be required to post bond or security. IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of /'Vt.g2C:~~ , 1986. l ~<~. 2e. ~• ("~~-~'-C~c.~ce SEAL) MARGAR F . COLLINS The preceding instrument, consisting of this, and two other typewritten pages, each identified by the signature of the Testatrix, was on the date thereof signed, published and declared by MARGARET r'. COLLINS, the Testatrix therein named, as and for her Last Will, in the presence of us, who at her request, in her presence and in the presence of each other, have subscribed our names as witnesses hereto. ~~ `~-.- Residing a t ~' 7 S- l ? u ~3 6~ Q Residing at CONSENT OF BENEFICIARY I, SARAH STEVENS, acknowledge that I have received and reviewed a copy of the "Petition to Settle a Small Estate Pursuant to the Probate, Estate and Fiduciaries' Code, Act of 1972, Section 3102", and the attached "Decree of Distribution" which is proposed to be filed with the Office of the Register of Wills of Dauphin County, and I do consent to and concur in the entirety of the contents of said Petition and to the proposed form of Decree of Distribution. Date: ~ t~/l~1] (~ t~~i~(,~/ Sarah Stevens 135 South 31S` Street Camp Hill, PA 17011 CONSENT OF BENEFICIARY I, LOIS BLISS, acknowledge that I have received and reviewed a copy of the "Petition to Settle a Small Estate Pursuant to the Probate, Estate and Fiduciaries' Code, Act of 1972, Section 3102", and the attached "Decree of Distribution" which is proposed to be filed with the Office of the Register of Wills of Dauphin County, and I do consent to and concur in the entirety of the contents of said Petition and to the proposed form of Decree of Distribution. ` ~~ Date: ~_ ~,7,~~ U?o ~~ ~~ ~~-c.-a~ ~~Gl~o~ Lois Bliss 34 Truman Street Palmyra, PA 17078 CONSENT OF BENEFICIARY I, RICHARD COLLINS, acknowledge that I have received and reviewed a copy of the "Petition to Settle a Small Estate Pursuant to the Probate, Estate and Fiduciaries' Cade, Act of 1972, Section 3102", and the attached "Decree of Distribution" which is proposed to be filed with the Office of the Register of Wills of Dauphin County, and I do consent to and concur in the entirety of the contents of said Petition and to the proposed form of Decree of Distribution. Date: ~- Zul' 6 ~ Rich d Collins 6315 Pine Street Harrisburg, PA 17112 CONSENT OF BENEFICIARY I, RICHARD COLLINS, TRUSTEE FOR DELPHIN "SKIP" COLLINS, acknowledge that I have received and reviewed a copy of the "Petition to Settle a Small Estate Pursuant to the Probate, Estate and Fiduciaries' Code, Act of 1972, Section 3102", and the attached "Decree of Distribution" which is proposed to be filed with the Office of the Register of Wills of Dauphin County, and I do consent to and concur in the entirety of the contents of said Petition and to the proposed form of Decree of Distribution. Date: _ ~~ ZL-d~ tw /NS ichard Collins, T stee for Delp in "Skip" Collins 245 Lincoln Street Steelton, PA 17113 133741 VERIFICATION I verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaC.S. § 4904 relating to unsworn falsification to authorities. G /zo /ate ~ , , l~~ ,c ~r S LVIA STONE