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HomeMy WebLinkAbout01-12-09ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA ORPHANS' COURT DIVISION FILE NO. 21-08-114 FIRST AND FINAL ACCOUNT OF KATHY C. BOBB, EXECUTRIX For ESTATE OF THELMA L. CRAINE, DECEASED Social Security #: Tax ID #: Date of Death: Date of Incapacity, if any: Date of Appointment: Date of First Complete Advertisement: Accounting for the period: 207-22-7827 207-22-7827 January 17, 2008 None February 7, 2008 February 22, 2008 January 17, 2008 to January 10, 2009 Purpose of Account: The Executrix 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: Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, Pennsylv~i®17013 a ~ ^ ~- 717-243-0220 '"O `~ Supreme Court LD No`.~' S71-g N C.~ `i 3 i~ -D -_ -D ~ ~ CIl Ul --, r i 7 _,~ _r_ ~._i c _ ,~~ +'7 i .. ^" c .... it"1 ,.o . _ ~~6~Q SUMMARY OF ACCOUNT PRINCIPAL PAGES Receipts 3 $21,062.34 Net Gain or Loss on Sales or Disposition 3 (274.63) Less Disbursements Debts of Decedent 3 $3,429.50 Funeral Expenses 4 586.65 Administration Expenses 4 2,831.65 Fees and Commissions 5 4,000.00 (10,847.80) Balance before Distributions 5 $9,939.91 Distributions to Beneficiaries 5 5,980.00 (5.980.00) Principal Balance Remaining 5 $3,959.91 For Information: Investments Made Changes in Holdings INCOME Receipts 5 20.97 20.97 COMBINED BALANCE REMAINING $3,980.88 Verification 6 -2- PRINCIPAL RECEIPTS 1/17/08 Wachovia Bank, N.A., checking account #1000324152374 $12,124.14 1/17/08 Cumberland Valley Memorial Gardens, two cemetery lots 2,990.00 1/17/08 36 shares of Ishares TIPS Bond Fund 3,889.26 1/29/08 Highmark, health insurance premium refund 346.69 2/ 7/08 Chapel Pointe, refund of resident account 1,412.25 6/ 6/08 United States Treasury, economic stimulus payment 300.00 TOTAL PRINCIPAL RECEIPTS $21,062.34 PRINCIPAL GAINS OR LOSSES ON SALES OR OTHER DISPOSITIONS GAIN LOSS 1/17/08 36 shares of Ishares TIPS Bond Fund ($274.63) Acquisition value $3,889.26 Net proceeds 3 614.63 NET TRANSFERRED TO SUMMARY ($274.63) PRINCIPAL DISBURSEMENTS DEBTS OF DECEDENT 1 /22/08 Checking account transactions after date of death: 1/22/08 Chapel Pointe, residence fees $3,376.00 $3,376.00 3/12/08 Alert Pharmacy Services Inc., pharmaceuticals 18.50 3/12/08 Yellow Breeches Family Practice, unreimbursed medical expense 35.00 TOTAL DEBTS OF DECEDENT $3,429.50 -3- FUNERAL EXPENSES 4/16/08 Kathy C. Bobb, reimbursement for Auer Memorial Home, register book St. Paul's Lutheran Church, altar flowers William Hemminger, organist St. Paul's Lutheran Church, luncheon Robert Seivold, minister TOTAL FUNERAL EXPENSES $132.70 44.00 100.00 259.95 50.00 $586.65 ADMINISTRATION EXPENSES 2/12/08 Wayne F. Shade, Esquire, reimbursement for Register of Wills, probate 2/12/08 Cumberland Law Journal, advertise Letters Testamentary 3/12/08 The Sentinel, advertise Letters Testamentary 3/12/08 Register of Wills, estimated inheritance tax 3/26/08 Raymond James & Associates, Inc., retirement account annual fee 4/16/08 Kathy C. Bobb, reimbursement for Hallmark House of Cards, thank you notes $6.89 The Sentinel, obituary 93.24 5/13/08 Smith Elliott Kearns & Company, preparation of income tax returns 9/ 8/08 Register of Wills, inheritance tax 9/ 8/08 Register of Wills, file inheritance tax return 1/10/09 Register of Wills, reserve for filing fees TOTAL ADMINISTRATION EXPENSES $586.65 $133.00 75.00 158.62 1,200.00 40.00 100.13 170.00 439.90 15.00 500.00 $2,831.65 -4- FEES AND COMMISSIONS 1/10/09 Wayne F. Shade, Esquire, attorney fee $2,000.00 1/10/09 Kathy C. Bobb, Executrix fee 2,000.00 TOTAL FEES AND COMMISSIONS $4,000.00 TOTAL PRINCIPAL DISBURSEMENTS $10,847.80 DISTRIBUTIONS OF PRINCIPAL TO BENEFICIARIES 4/ 8/08 James L. Craine, II, cemetery lots $2,990.00 12/24/08 Kathy C. Bobb, cash 2,990.00 TOTAL DISTRIBUTIONS OF PRINCIPAL $5,980.00 INCOME RECEIPTS 2/12/08 Raymond James, interest $20.19 3/13/08 Wachovia Bank, N.A., interest .7g TOTAL INCOME RECEIPTS $20.97 INCOME DISBURSEMENTS $0.00 TOTAL INCOME DISBURSEMENTS $0.00 DISTRIBUTIONS OF INCOME TO BENEFICIARIES $o.oo TOTAL DISTRIBUTIONS OF PRINCIPAL $0.00 COMBINED BALANCE REMAINING 3 980.88 5- VERIFICATION KATHY C. BOBB, Executrix of the Will of Thelma L. Craine, Deceased, hereby declares under oath that she has fully and faithfully discharged the duties of her office; that the foregoing First and Final Account is true and correct and fully discloses all significant transactions occurring during the accounting period; that all known claims against the Estate have been paid in full; that, to her 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 occurred 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. §4904 relating to unsworn falsification to authorities. Date: January 10, 2009 athy C. obb -6- 5 DECEDENT'S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF THELMA L. CRAINE, DECEASED No. 21-08-114 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. INCLUDE ATTACHMENTS AT THE BACK OF THIS FORM. n N c7 u n -C7 -J ~ -~, ~ i' _ n -n~ Name of Counsel: Wayne F. Shade, Esquire ~ ~~ ~~-' ^~ ~ ~ c ~~ Supreme Court ID: 15712 ~`-' x„ , `' ~ ~ Address: 53 West Pomfret Street _ ~ -' Carlisle, PA 17013 ~ cn `~''"~ Telephone: 717-243-0220 rn Fax: 717-249-0017 Estate of Thelma L. Craine, Deceased l . Name(s) and address(es) of Petitioner(s): Name: Kathy C. Bobb Address: 153 Richland Road Carlisle, PA 17015 Identify any executors or administrators who have not joined in the Petition for Adjudication and Statement of Proposed Distribution and Account and state reason: None Is this the first accounting by this fiduciary? X Yes No If not, identify prior accountings, the accounting periods covered, and the date of adjudication of the prior accounting. 2. Decedent died on January 17, 2008 X Letters Testamentary or Letters of Administration were granted to Petitioner(s) on February 7, 2008 Date of Will (if applicable): September 2, 1983 Date(s) of Codicil(s) (if applicable): Date of probate (if different from date Letters granted): January 31, 2008 Was a bond required? Yes X No If yes, state amount: Are proofs of advertising of the grant of Letters attached? X Yes No Dates of advertising of the grant of Letters: Cumberland Law Journal, February 22, 29 and March 7, 2008; The Sentinel, February 14, 2] and 28, 2008 3. Was decedent survived by a spouse? Yes X No If yes, name of the surviving spouse: 4. Has the surviving spouse filed to take an elective share? Yes No (See¢2201, et seq., of the Probate, Estates and Fiduciaries Code) -2- Estate of Thelma L. Craine, Deceased 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): 6. Did decedent marry after execution of Will or Codicil(s)? Yes X No Were any children born to decedent after execution of Will or Codicil(s)? Yes X 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? X Yes No 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. -3- Estate of Thelma L. Craine, Deceased 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. 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): fr,...,,. ,,.,,1 dd,].oo~ .,f H'~~b P.,rn in lnrarecr Relarinn.chin and Comments, tiranv Interest Kathy C. Bobb Daughter 50% 153 Richland Road Carlisle, PA 17015 James L. Craine, II Son 50% 1883 Esther Drive Carlisle, PA 17013 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. 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). 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. -4- Estate of Thelma L. Craine, 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 F.ach Claimant Amount ojClaim Claim Wi!! C[aim Admitted) Re Paid !n Frdh 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. 11. Was family exemption claimed? Yes X No Was family exemption allowed? . Family exemption claimant's name and relationship: Name: Relationship: Yes No 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: )ate Pa ment [merest March 12, 2008 $1,200.00 September 8, 2008 439.90 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 X No -5- Estate of Thelma L. Craine, Deceased 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: 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. 16. Had the decedent been adjudicated an incapacitated person? Yes X 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. 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 Purpose: Filing fees 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 X No -6- Estate of Thelma L. Craine, Deceased If so, attach a copy of the notice. 19. Is the court being asked to direct the filing of a Schedule of Distribution? X Yes No As to real estate only? Yes X No 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: .. ~ .., ._a _..__._~ Amnvn~/PYnnOYlInn Kathy C. Bobb $10.48 James L. Craine, II $10.49 B. Principal: d... ndPrn nr~inn Kathy C. Bobb $1,979.96 James L. Craine, II $1,979.95 Submitted By: (All petitioners must sign. Add additional lines if necessary): Kathy C. bb -7- Estate of Thelma L. Craine, Deceased Verification of Petitioner (Verification must be by at least one petitioner) The undersigned hereby verifies 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). ~~ ~'^' tl Kathy C. Bobb, Petitioner 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. (~~~~ Wayne F. Shade, Esquire Counsel for Petitioner -g- PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tro~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 13w,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): February 14, 21, 28, 2008 COPY OF NOTICE OF PUBLICATION EXECUTRIX'S NOTICE laaere Testamentary on the Estate of TNELMA L CRAINE, late of 770 South Hahover Street, Cedilse, Cumberland Count', PennayNanie, Deceased, have bean granted to Kathy O. Bobb. - Alt persons knowing themaeNes to be intlebtetl to said Estate shell make payment immetlletely, arW those having claims will present them for settlement tp: Kathy C. Bobb 153 Rbhlantl Road Cadisle,PA 17015 Wayne F. Shatle, Esquire 53 West Pomfret Street Carlisle, PA 17013 Aaomey 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 28th daX of February, 2008. ^> Notary Pu c My commission expires: (~///vd COMMONWEALTH OF PENNSYLVANIA tJptarial Seal Christina L. Wolfe. No47ry Put~lic MyOon nu'ssbn E>rgltt ~ d~, t, h2 OB Member. Pennsylvanln Association Ot Notaries PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (iJnder 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 Joumal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Joumal, 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 regulazly 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 Joumal on the following dates, Febmarv 22 February 29 and March 7 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 chazacter of publication are true. Craine, Tkelma L., decd. Late of 770 South Hanover Street, Carlisle. Executrix; Kathy C. Bobb, 153 Richland Road, Carlisle, PA 17015. Attorney: Wayne F. Shade, Es- quire, 53 West Pomfret Street, Carlisle, PA 17013. isa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 7 day of March, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Nofary Public CARLISLE BORO, CUMBERLAND COUNT`( My Commission Expires Apr 28, 2010 [N RE: ESTATE OF THELMA L. CRAINE, Deceased, Late of the Borough of Carlisle, Cumberland County, Pennsylvania IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-08-114 NOTICE OF FILING ACCOUNT AND STATEMENT OF PROPOSED DISTRIBUTION WAYNC F. SHADE Allorncy al Law 5} West Pom(rel Strec Carlisle, Pennsylvania 1701} NOTICE is hereby given that the First and Final Account of Kathy C. Bobb, Executrix of the Estate of Thelma L. Craine, Deceased, and a Statement of Proposed Distribution of the balance of the assets of said Estate will be filed in the Office of the Register of Wills of Cumberland County, Pennsylvania, on or before January 30, 2009, and that the same will be called for confirmation on March 3, 2009, at 9:30 A.M. in the designated courtroom on the fourth floor of the Cumberland County Courthouse, Carlisle, Pennsylvania, at which time and place you may appear, either in person or by counsel. Copies of said First and Final Account and Statement of Proposed Distribution are enclosed herewith, and the originals as filed may be inspected in the Office of the Register of Wills of Cumberland County, Pennsylvania, at anytime prior to their presentation for confirmation. Unless objections to said First and Final Account or Statement of Proposed Distribution, or both, are filed in writing not later than 9:00 A.M. (prevailing time) of the date fixed for confirmation thereof unless otherwise permitted by the Court prior to confirmation, said First and Final Account will be confirmed; and distribution will be ordered according to the enclosed Statement of Proposed Distribution. If you have no objections to the enclosed, you do not need to appear in court at the time of confirmation. Date: January 10, 2009 Gt/ ~~-~"""""'~ Wayn .Shade Attorney for Accountant NOT'ICF, TO: Kathy C. Bobb 153 Richland Road Carlisle, PA 17015 James L. Craine, II 1883 Esther Drive Carlisle, PA 17013