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HomeMy WebLinkAbout01-22-09 (2)~~~,.~vi,69 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA ORPHANS' COURT DIVISION FILE NO. 21-OS-87 FIRST AND FINAL ACCOUNT OF DENNIS VICTOR LANDI, EXECUTOR For ESTATE OF BRUNA MARIE LANDI, 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: 191-09-8213 43-6922308 January 6, 2005 None January 27, 2005 February 18, 2005 January 6, 2005 to December 15, 2008 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: Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, Pennsylvania 17013 717-243-0220 Supreme Court I.D. No. 1 5712 , r;- O ~ ~ ~ ~ _ C~ ~ ii --~.. _ i .r k-n ~- .. - `_ ; _3C ~r7 ~ - `r.i ~ N ti"' =~ -..- -; SUMMARY OF ACCOUNT PRINCIPAL PAGES Receipts 3 $59,674.70 Net Gain or Loss on Sales or 0.00 $59,674.70 Disposition Less Disbursements: Debts of Decedent 4 $183.03 Funeral Expenses 4 1,091.38 Administration Expenses 6 5,345.81 Family Exemption 0.00 Federal, State & Local Taxes 6 1,652.55 Fees and Commissions 6 5.000.00 (13.272.77) Balance before Distributions $46,401.93 Distributions to Beneficiaries 6 40.393.00 Principal Balance Remaining $6,008.93 For Information: Investments Made Changes in Holdings INCOME Receipts 7 $169.52 Less Disbursements 7 0.00 Balance before Distribution $169.52 Distributions to Beneficiaries 7 0.00 Income Balance Remaining 169.52 COMBINED BALANCE 6 178.45 REMAINING Verification g -2- PRINCIPAL RECEIPTS 1 / 6/05 House and lot of ground known and numbered as 10015 Route 553, Mentcle, Indiana County, Pennsylvania, and more particularly bounded and described in Indiana County Deed Book 873, Page 380, valued in accordance with an arms' length sale to unrelated third parties $45,024.62 1/ 6/05 Vacation cottage at Wesleyan Methodist Campground, valued in accordance with the current tax assessment in the amount of $1,200 as adjusted by the common level ratio of 3.5 4,200.00 1/11/OS Harry J. Bence Funeral Home, Inc., prepaid funeral expense reimbursement 1,750.59 1/11/OS Household contents 1,193.00 2/ 2/05 Highmark Blue Shield, health insurance premium refund 168.75 2/ 4/05 PNC Bank, checking account #7025331 7 022.35 3/11/05 Conseco Senior Health Insurance Company, refund of health insurance premium 60.93 9/30/05 Cambria County Mutual Insurance Co., homeowner's insurance premium refund 75.00 1 / 3/06 Commonwealth of Pennsylvania, inheritance tax refund 16.43 3/ 6/06 Carlisle Regional Medical Center, insurance refund 163.03 TOTAL PRINCIPAL RECEIPTS $59,674.70 -3- PRINCIPAL DISBURSEMENTS DEBTS OF DECEDENT 3/25/05 Carlisle Regional Medical Center, unreimbursed medical expense $163.03 4/20/05 Carlisle Regional Medical Center, unreimbursed medical expense 20.00 TOTAL DEBTS OF DECEDENT $183.03 FUNERAL EXPENSES 1/19/05 Gerald A. Landi, reimbursement for funeral food $1,011.38 5/26/05 Shoemaker Monument Company, tombstone engraving 80.00 TOTAL FUNERAL EXPENSES $1,091.38 ADMINISTRATION EXPENSES 1/19/05 Dennis V. Landi, reimbursement for water and sewer charges $46.80 1/19/05 Dennis V. Landi, reimbursement for fuel oil 195.00 1/19/05 Dennis V. Landi, reimbursement for uninsured medical expenses 182.00 1 / 19/05 Wayne F. Shade, Esquire, reimbursement for probate fees 238.00 1 / 19/05 Register of Wills, additional probate fees 15.00 2/21/05 Pete Stewart, appraisal fee 150.00 2/21/05 Wayne F. Shade, reimbursement for advertising Letters Testamentary with Cumberland Law Journal 75.00 2/21/05 The Sentinel, advertise Letters Testamentary 137.03 2/21/OS Shaner Bros., fuel oil 65.00 2/21/05 Putt Real Estate, appraisal fee 300.00 -4- 2/21/05 Penelec, electric service 2/21/05 Verizon, telephone service 2/22/05 Bence Mihalcik Funeral Home, death certificates 2/22/05 Register of Wills, Short Certificate 2/22/05 Shaner Bros., fuel oil 2/22/05 Verizon, telephone service 2/22/05 I.C.M.S.A., water and sewer 3/11/05 Penelec, electric service 3/16/05 LC.M.S.A., water and sewer 3/16/05 Verizon, telephone service 3/18/05 Register of Wills, estimated Inheritance Tax 4/ 5/OS Shaner Bros., fuel oil 4/ 8/05 Penelec, electric service 4/ 8/05 Joan C. Stupic, county and local real estate and per capita tax 4/20/05 LC.M.S.A., water service 4/20/05 Verizon, telephone service 5/10/OS Penelec, electric service 5/26/05 LC.M.S.A., water service 6/ 3/05 Cambria County Mutual Insurance Co., homeowner's insurance 6/20/05 Penelec, electric service 6/20/05 Verizon, telephone service 8/ 1/OS Dennis V. Landi, reimbursement for trash removal 9/27/05 Register of Wills, file Pennsylvania inheritance tax return 45.87 37.83 36.00 4.00 275.72 54.74 20.00 45.95 27.00 48.62 2,000.00 281.92 27.89 87.43 20.00 40.63 22.35 34.00 90.00 47.07 34.96 245.00 15.00 -5- 1 / 19/06 Register of Wills, reserve for filing Account, etc. TOTAL ADMINISTRATION EXPENSES FEDERAL, STATE AND LOCAL TAXES 9/27/05 Register of Wills, inheritance tax 3/22/07 Pennsylvania Department of Revenue, fiduciary income tax 1/30/08 Pennsylvania Department of Revenue, fiduciary income tax TOTAL FEDERAL, STATE AND LOCAL TAXES FEES AND COMMISSIONS 1/19/06 Wayne F. Shade, attorney fee TOTAL FEES AND COMMISSIONS TOTAL PRINCIPAL DISBURSEMENTS 400.00 $5,345.81 $1,648.92 2.07 1.56 $1,652.55 $5,000.00 $5,000.00 $13,272.77 DISTRIBUTIONS OF PRINCIPAL TO BENEFICIARIES 3/18/05 Arlene Burgess and Daniel A. Burgess, vacation cottage, in kind 7/11/05 Dennis V. Landi, household contents, in kind 7/11/05 Gerald A. Landi, household contents, in kind 8/15/05 Dennis V. Landi 8/l 5/OS Gerald A. Landi TOTAL DISTRIBUTIONS $4,200.00 596.50 596.50 17,500.00 17,500.00 $40,393.00 -6- INCOME RECEIPTS 12/15/08 Orrstown Bank TOTAL INCOME RECEIPTS INCOME DISBURSEMENTS None TOTAL INCOME DISBURSEMENTS DISTRIBUTIONS OF INCOME TO BENEFICIARIES None TOTAL DISTRIBUTIONS OF PRINCIPAL $169.52 $169.52 None None None None -7- H VERIFICATION DENNIS VICTOR LANDI, Executor of the Will of Bruna Marie Landi, 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 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 12, 2009 ~i~ /~ ~2 Dennis Victor Landi -8- S DECEDENT'S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF BRUNA MARIE LANDI, DECEASED No. 21-OS-87 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. Name of Counsel: Supreme Court ID: Address: Telephone Fax: Wayne F. Shade, Esquire 15712 53 West Pomfret Street Carlisle, PA 17013 717-243-0220 717-249-0017 ~o A -~ ' - ~ r~ , '- ^ ~, :~ -- -~ f--- {'T[ ~ ' ~. 1 ..~ ~ --> - . `~' cn Estate of Bruna Marie Landi, Deceased 1. Name(s) and address(es) of Petitioner(s): Name: Dennis Victor Landi Address: 607 Brad Street Shippensburg, PA 17257 Identify any executors or administrators who have not joined in the Petition for Adjudication and Statement of Proposed Distribution and Account and state reason: 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 6, 2005 X Letters Testamentary or Letters of Administration were granted to Petitioner(s) on January 27, 2005 Date of Will (if applicable): June 29, 2000 Date(s) of Codicil(s) (if applicable): Date of probate (f different from date Letters granted): January 27, 2005 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: The Sentinel, January 29, February 5 and 12, 2005; Cumberland Law Journal, February 18 and 25 and March 4, 2005 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 X2201, et seq., of the Probate, Estates and Fiduciaries Code) If yes, date of election: -2- Estate of Bruna Marie Landi, Deceased 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. 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 -3- Estate of Bruna Marie Landi, Deceased 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): Nnmv nnr/ Addrooc nfF.,~b P.,..n~ a l..s,,..,,.,s n_i_.: _-__ - - u.e uue~est Dennis Victor Landi Son 50% 607 Brad Street Shippensburg, PA 17257 Gerald Anthony Landi Son 50% 21336 Comus Court Ashburn, VA 20147 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. 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. -4- Estate of Bruna Marie Landi, Deceased Name and Address of Each Claimant Amount of Claim Claim Will Claim Admitted? Be Paid !n 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? Yes No Family exemption claimant's name and relationship: Name: Relationship: 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: ~uee Ya ment Interest March 18, 2005 $2,000.00 September 27, 2005 1,648.92 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 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 -5- Estate of Bruna Marie Landi, Deceased 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: $400.00 Purpose: Filing Account, etc. 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 No If so, attach a copy of the notice. -6- Estate of Bruna Marie Landi, Deceased 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: f rnnnca!/ Ilictrihuroo%1 Dennis Victor Landi ~nwuru~r rv artturt $84.76 Gerald Anthony Landi $84.76 B. Principal: Prnnn.ced nictriAvtao/c1 Dennis Victor Landi ~invu,uit r~ urctun $3,004.47 Gerald Anthony Landi $3 004.46 Submitted By: (All petitioners must sign. Add additional lines if necessary): Y ~„ ~~-.~ Dennis Victor Landi -7- Estate of Bruna Marie Landi, 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). `~~v,~ Dennis Victor Landi 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. Way F. Shade, Esquire Counsel for Petitioner -8- PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tanuny Shoemaker Classified Sales i'~lanager , 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 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following d _~ai_ZUary 29, Februar~T 05 12 2005 COPY OF NOTICE OF PUBLICATION EXECUTOR'S NOTICE Letters Testamentary on the Estate of BRUNA MARIE Affiant further deposes that he/she is not LANDI, Deceased, late of Carlisle, Cumberland County, interested in the sub'ect matter of the Pennsylvania, Deceased, have been granted to Dennis yr°tor Land.. aforesaid notice or advertisement, and that All persons knowing themselves to be indebted to said Estate shall make payment immediately, and tnose all allegations In the foregoing statement having claims will present them for settlement to: ' as to time, place and character of °rR1t1°"t 1:3 +AA'+~lt41T soT$ra;d~sr~et publication are true. y : „ . ;, Shr~pensburg, PA 1727 Wayne F. Shade, Esquire „y L 53 West Pomfret Street ~' 1~ Carlisle, PA 17013 Attorney Sworn to and subscribed before me this 1bEh day of Fehru.ary, 2005 C Notary Pu c My commission expires: Q f / /0 ~ C:CJP:`?"vii)f~+~'Jc:R.; "?1-. f~F r°~~~J~•;~YLV'AfiilA fJtil.'~r131 `3c~al~_ _._~_ ~hnsc6n~ L Waife, hlofa~y f'u1>6c Carissla E~o+n. Cumiettand Coi1n?~j _ My~rrlr+li~.-:si+an €:~irr~s;i-~c~i. 1, ~C108 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: FEBRUARY 18, 25, MARCH 4, 2005 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. Landi, Brune Marie, decd. Late of Carlisle. Executor: Dennis Victor Landi, 607 Brad Street, Shippensburg, PA 17257. Attorney: Wayne F. Shade, Esquire, 53 West Pomfret Street, Carlisle, PA 17013. Lisa Marie Co e, Editor RN TO AND SUBSCRIBED before me this 4 day of MARCH 2005 Nv1At~11kL SEAL " - LOIS E. SNYDER, Notary public Carlisle Boro, Cumberland County My Commission Ei~ires March 5, 2005 IN RE: ESTATE OF BRUNA MARIE LANDI, Deceased, Late of the Borough of Shippensburg Cumberland County, Pennsylvania IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-OS-87 NOTICE OF FILING ACCOUNT AND STATEMENT OF PROPOSED DISTRIBUTION WAYNE F. SHADE Attorney at I,aw S3 Wes[ Pomfret Street Carlisle, Pennsylvania 17013 NOTICE is hereby given that the First and Final Account of Dennis Victor Landi, Executor of the Estate of Bruna Marie Landi, 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 12, 2009 NOTICE TO: Dennis Victor Landi 607 Brad Street Shippensburg, PA 17257 Gerald Anthony Landi 21336 Comus Court Ashburn, VA 20147 Wayn .Shade Attorney for Accountant IN RE: ESTATE OF BRUNA MARIE LANDI, Deceased, Late of the Borough of Shippensburg Cumberland County, Pennsylvania IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-OS-87 STATEMENT OF PROPOSED DISTRIBUTION The Executor proposes to distribute the entire balance of the Estate for distribution under the provisions of Item Second of the Last Will and Testament of the decedent, as follows: 1. Dennis Victor Landi 2. Gerald Anthony Landi TOTAL $3,089.23 3,089.22 $6,178.45 I, DENNIS VICTOR LANDI, Executor of the Estate of Bruna Marie Landi, Deceased, hereby declare under penalty of perjury that the foregoing Statement of Proposed Distribution is true and correct to the best of my knowledge, information and belief Date: January 12, 2009 Dennis Victor Landi WAYNF. F. SHADE Attorney at Law 53 Wesl Pomfret Street Carlisle, Pennsylvania 17013 c-~ =~ o -_~~ `~ c7 ___, ~_. !'i"' i -_ - ,"' ' '• `~Cl J ~.___ -~ _.~ "`t v :~~ h) N ~~ V u7 -, ~.. _ ='i ~f i (. ~ t't