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HomeMy WebLinkAbout11-20-08_~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. ORPHANS' COURT DIVISION FILE NO: 21-08-0066 FIRST AND FINAL ACCOUNT OF John C. Lilley, Jr., Executor For ESTATE OF VIOLET R. LILLEY Keith O. Brenneman Snelbaker & Brenneman. P.C. 44 West Main Street Mechanicsburg, PA 17055 Phone #: 717-697-8528 Supreme Court I.D. No: 47077 `= n ~ _~ - _ _, ~ . #~ 1`' ~~ --rr N `}~: U ~. 1 :; ; LAW OFFICES SNELBAKER S: BRENNEMAN. P.C. '!I Social Security #: ';4 Tax ID #: ~~ Date of Death: Date of Incapacity, if any: Date of Executor Appointment: Date of First Complete Advertisement: '; Accounting for the period: i 174-46-7083 90-6085968 December 21,2007 None January 18, 2008 January 25, 2008 December 21,2007 to September 18, 2008 Purpose of Account: John C. Lilley, Jr., Executor offers this Account to acquaint interested parties with the transactions that have occurred during his Administration. It is important that the Account be carefully examined. Requests for additional information, questions or objections can be discussed with: Page 1 SUMMARY OF ACCOUNT PRINCIPAL PAGE Receipts 3 Less Disbursements/Claims to be paid upon confirmation of account LAW OFFICES SNELBAKER Fk BRENNEMAN, P,.C. Class I Claims: 3 Class II Claims 3 Class III Claims 3 Class IV Claims 4 Class V Claims i 4 t Class VI Claims 4 Balance before Distributions ', Distributions to Beneficiaries 4 Principal Balance on Hand 4 '~ For Information: Investments Made 4 Changes in Holdings 4 INCOME ~' Receipts ~~';, Less Disbursements ',, Balance before Distributions it Distributions to Beneficiaries Income Balance on Hand i COMBINED BALANCE ON HAND Listing of Unpaid Creditors Listing of Persons Interested in Distribution Estate Affidavit Page 5 5 5 6 6 7 $16,608.92 $16,608.92 $5,067.29 $0.00 $11, 543.52 $0.00 $0.00 $0.00 $16,610.81 $1.89 $0.00 $1.89 $1.89 $0.00 Page 2 PRINCIPAL RECEIPTS Assets Listed on Inventory per copy of attached: (Valued as of Date of Death) ADJUSTMENTS TO INVENTORY SUBSEQUENT RECEIPTS Prudential Financial Life Insurance, proceeds from life insurance policy #068698049 & 080725774 Social Security payment received 1/3/08 TOTAL PRINCIPAL RECEIPTS DISBURSEMENTS OF PRINCIPAL LAW OFFICES SNELBAKER f3C BRENNEMAN. P.C. CLASS (CLAIMS -COSTS OF ADMINISTRATION M&T Bank, six outstanding checks written on account #424900 the decedent on 12/3/07 Thornwald Home, resident savings account applied directly to ! outstanding balance Register of Wills, additional probate fee ,I Social Security Administration, return of benefits '; Snelbaker & Brenneman, P.C., costs advanced a. Register of Wills, probate fee b. Register of Wills, filing fee c. The Sentinel, advertising Executors' Notice d. Cumberland Law Journal, advertising Notice $7,637.43 0.00 7,973.49 998.00 $16,608.92 $400.00 42.69 15.00 998.00 361.60 84.00 30.00 166.66 75.00 e. Certrfied mai! 5.94 Snelbaker & Brenneman P.C , payment on account of attorney fees The following items are to be paid upon confirmation of accounting: '' "* Snelbaker & Brenneman, P.C., balance remaining on attorney fees ! '`'` John C. Lilley, Jr., Executor Commission ""` Reserve for filing fees, accountant fees and other costs associated with the administration of the Decedent's estate I' TOTAL CLASS I CLAIMS TO BE PAID: CLASS 11 CLAIMS -FAMILY EXEMPTION NONE $1,478.75 521.25 750.00 500.00 $5,067.29 $0.00 CLASS III. CLAIMS.- .COST OF FUNERAL AND BURIAL, AND THE COSTS OF MEDICINES FURNISHED WITHIN SIX MONTHS OF DEATH "`~ Partial payment to Commonwealth of Pennsylvania for reimbursement $ 11,216.08 for medical expenses incurred during last six months of decedent's life. Unpaid balance of Class II1 Claim is $14,946.71 "* Partial payment to Thornwald Nome for medical expenses $327.44 during last six month of decedent's life. Unpaid balance of Class III claim is $436.34 TOTAL CLASS III CLAIMS TO BE PAID: $ 11,543.52 Page 3 CLASS IV CLAIMS -COSTS OF GRAVEMARKER NONE $0.00 CLASS VCLAIMS -RENTS FOR OCCUPANCY OF THE DECEDENT'S RESIDENCE NONE $0.00 CLASS VI CLAIMS -ALL OTHER CLAIMS UNPAID CREDITOR -Commonwealth of Pennsylvania for $0.00 reimbursement of Class VI Claim in the amount of $55,162.98 DISTRIBUTIONS OF PRINCIPAL TO BENEFICIARIES NONE $0.00 PRINCIPAL BALANCE ON HAND FIDUCIARY VALUE AT ACQUISITION 9/18/2008 VALUE Cash $13,314.77 $7,637.43 ** Less expenses to be paid subsequent to confirmation of First and Final Account as listed on page 3 of accounting totaling $13,314.77 TOTAL PRINCIPAL BALANCE ON HAND $0.00 $7,637.43 INFORMATION SCHEDULES PRINCIPAL INVESTMENTS MADE NONE CHANGES IN PRINCIPAL HOLDINGS LAW OFFICES SNELBAKER t~ BRENNEMAN, P.C. NONE $0.00 $0.00 Page 4 LAW OFFICES SNELBAKER 13C BRENNEMAN. P~.C. RECEIPTS OF INCOME M&T Bank, checking account #424900, interest M&T Bank, savings account #015004202120660, accrued interest adjustment M&T Bank, estate checking account, interest TOTAL RECEIPTS OF INCOME NONE NONE DISBURSEMENTS OF INCOME DISBURSEMENTS OF INCOME TO BENEFICIARIES $2.11 -0.29 0.07 $1.89 $0.00 $0.00 Page 5 UNPAID CREDITORS: LAW OFFICES SNELBAKER SC BRENNEMAN. P.C. 1. Commonwealth of Pennsylvania Department of Public Welfare Bureau of Financial Operations Division of Third Party Liability Estate Recovery Program Attention: Carl G. Rinkevich P.O. Box 8486, Harrisburg, PA 17105-8486 Class 141 Claim for remainder of unpaid medical expenses within the last six months of Decedent's life Class VI Claim for balance of medical expenses 1 2 I{ 3 4 '~ 5. *'` PERSONS INTERESTED IN DISTRIBUTION OF ESTATE: John C. Lilley, Jr. 149 Bethel Road Oxford, PA 19363 Clark Lilley 24 N. Bridge Street Christiana, PA 17509 Taryn Lilley 710 Stone Mill Drive SE Cartersville, GA 30121 Cindy Mikeworth 140 Suncrest Drive Greenwood, IN 46143 David Diehl 3642 Decamp Drive Indianapolis, IN 46225 $ 14,946.71 $ 55,162.98 $0.00 $0.00 $0.00 $0.00 $0.00 Page 6 COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) John C. Lilley, Jr., being duly sworn according to law deposes and says: that he is the Executor of the Estate and under the Last Will and Testament of Violet R. Lilley, Deceased; that he is the Accountant herein; that the foregoing is a true and complete accounting of his administration of said Estate; that the attached list or schedule ['`] contains the names, addresses and amounts due unpaid creditors who have given proper notice of their claims; that the attached list or schedule [**] contains the names and addresses of all persons interested in the distribution of said Estate; and that the facts set forth herein are true and correct to the best of his knowledge, information and belief. {~ J ~ n C. Lilley, Jr., cutor Sworn to and subscribed before me this j'tc day of ~yE~~~~'~2008 ~, .. ~' t-.~;: , ~; ,~ _>, r:,, ;. f ~..~ - _ .- . y LAW OFFICES SNELBAKER SC BRENNEMAN, F'.C. Page 7 DECEDENT'S ESTATE Cumberland COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF Violet R. Lilley No. 21-08-0066 DECEASED 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. ~ _ ` ~ ~ ~' ~ _' ._~_ ~ , ,, ,~ ,. ~,,. r, ~, _~ ~ ~ ` c~ >>--~ ~ Name of Counsel: Keith O. Brenneman c.n - =' ~ ~~ 4 Supreme Court l.D. No.: 47077 Name of Law Firm: Snelbaker & Brenneman P.C. Address: 44 West Main Street, Mechanicsburg, PA 17055 Telephone: 717-697-8528 Fax: 717-697-7681 FormOC-0/ rev.l0.l3.06 Page 1 of 10 Estate of Violet R Lilley ,Deceased 1. Name(s) and address(es) of Petitioner(s): name. John C. Lilley, Jr. Andress: 149 Bethel Road Oxford, PA 19363 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 If not, identify prior accountings, the accounting periods covered, and the date of adjudication of the prior accounting. 2. Decedent died on December 21, 2007 Letters Testamentary or ~ Letters of Administration were granted to Petitioner(s) on January 18. 2008 Date of Will (if applicable): TnnP 29 ~(1M Date(s) of Codicil(s) (if applicable): N/A Date of probate (if different from date Letters granted): same as above 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: The Sentinel -January 25, February 1, 8, 2008 and Cumberland Law Journal -February 1, 8,15, 2008 Formoc-oi rev. ~0.~3.06 Page 2 of 10 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Troy Whitesel, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13,1881, 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): January 25, February 1, 8, 2008 COPY OF NOTICE OF PUBLICATION EXECUTOR'S N TtCE Letters Testamentary on the Estate of V40LET R. LILLEY, late of the Borough of Carlisle, Cumberland County, Pennsylvania, 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: John C. Lilley, Jr., Executor 149 Bethel Aoad Oxford, PA 19363 Keith O. Brenneman, Esquire Snelbaker& Brenneman, P.C. 44 W. Main St. P:O. Box 318 Mechanicsburg, PA 17055 Attorneys for Executor 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. Sworn to and subscribed before me this 8th day of February, 2008. Notary Pub My commission expires: `~~~ COMMONWEALTH OF PENNSYLVANIA Notarial Seal Christina L. Wdfe, Notary PubC~c Carlisle Boro, Cumberland County My Commission Expires Sept. 1, 2Q08 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 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 3anuary 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, vlz: February 1, February 8, and February 15 2008 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. ~~- Coyne, i~ for SWORN TO AND SUBSCRIBED before me this I S day of February, 2008 l~G Notary Lilley, Violet R., deed. _ Late of the Borough of Carlisle. NOT~aP.IAL SEAL Executor: John C. Lilley, Jr., 149 REBORAH A COLLINS Bethel Road, Oxford, PA 19363. Noic~ry Rubfic Attorneys: Keith O. Brenneman, CARLISLE BORO, CUMBERLAND C~UNT`l Esquire, Snelbaker &Brenneman, My Commission Expires Apr 26, X010 P. C., 44 W. Main Street, P.O. Box 318, Mechanicsburg, PA 17055. Estate of Violet R. Lilley Deceased 3. Was decedent survived by a spouse? ............................. Yes Q 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 sic. 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): 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)? ............................ ..... 0 Yes ®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 FoYm oc-o~ rev. X0.13.06 Page 3 of 10 Estate of Violet R. Lilley Deceased 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): Fo,~,»oc-oi ,~eti~. ~o.i3.n6 Page 4 of 10 Estate of Violet R. Li Deceased 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 Forr„oc-o1 Yev. io.~s.o6 Page 5 of IO Estate of Violet R. Lilley ,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? See page five of accounting DYes ~ Yes ~No ~ No Yes ~ Yes ~No ~No Yes ~ Yes ONo ~ No Yes 0 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? ................................ Yes ~No Family exemption claimant's name and relationship: Relationship: Form oc-ol rev. 10.13.06 Page 6 of 10 Estate of Violet R. Lilley ,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 0.00 Insolvent Estate 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. rorr,x oc-o~ rev. ~o.i3.o6 Page 7 of 10 Estate of Violet R. Lilley 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? ............. Yes ~ No 18. If a reserve is requested, state amount and purpose. Amount. 500.00 Purpose: For filing fees, accountant fees and other costs associated with the administration of the Decedent's estate. 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? ........................................ Yes ONo 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? ........................................ DYes ~ No Fornr OC-O! rev. !0.13.06 Page g Of ] 0 Estate of Violet R. Lilley 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 Distrtbutee(s) None B. Principal: Proposed Distrtbutee(s) See listing on page three for distributions AmounUProportion Amount/Proportion Submitted By: (All petitioners must sign. Add additional lines if necessary): '~ ~ ~ ~ // Name ofPeh Toner: 7oh, .Lilley, Jr. Name of Petitioner: FormOC-0/ rev. /0./3.06 Page 9 Of l~ Estate of Violet R. Lilley Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that heishe he of the above-named name of corporation Estate of Violet R. Lilley is atre Executor Deceased 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). 7 ,~ ;` ,r~ ~~, C- r` _ 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 Petitioner Form oc-o~ rev. X0.13.06 Page 10 of 10