HomeMy WebLinkAbout01-27-09FIRST AND FINAL ACCOUNT OF
JOHN M. EAKIN, EXECUTOR
OF THE LAST WILL AND TESTAMENT
OF LAURA C. MCGEE, DECEASED
LATE OF MECHANICSBURG BOROUGH,
CUMBERLAND COUNTY, PENNSYLVANIA
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
ESTATE NO. 21-08-0555
Date of Death: May 13, 2008
Employee's Identification No. 32-6070272 c~
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Date of publication of Estate Notices: ~''~~
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Evening Sentinel - May 29, June 5,12,2008 ` -~-~-~! rv
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Cumberland Law Journal - June 6, 13, 20, 2008 =`°
The Accountant Charges himself as follows:
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PRINCIPAL ACCOUNT
REAL ESTATE
11/03/2008 900 E. Simpson Street, Mechanicsburg, $135,000.00 x
11/03/2008 School taxes $934.33 x
11/03/2008 County/Municipal Taxes $96.11 x
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TOTAL $136,030.44
PERSONAL ESTATE
05/21/2008 Citizens Bank Checking Account # 6100703525 $16,786.20 x
05/21/2008 Citizens Bank Money Market Account #6213378131 $15,991.50 x
05/25/2008 US savings bonds $5,838.00 x
06/14/2008 Sovereign Bank Acct # 1685456772 $5,906.21 x
06/14/2008 Sovereign Bank Acct # 1685489880 $5,903.19 x
06/14/2008 Sovereign Bank Acct # 1685456798 $3,543.72 x
07/31../2008 1998 Buick Century, appraised value $2,360.00 x
07/311/2008 Shipley Oil- Refund $407.29 x
09/02./2008 The Patriot News- Refund $42.30 x
08/111/2008 Cash $70.00 x
09/15/2008 Highmark -Refund $224.88 x
09/30/2008 Auction Proceeds $4,921.50 x
10/14/2008 Prudential $4,294.08 x
10/14/2008 Citizens Bank CD # 683513 $10,740.04 x
10/14/2008 Citizens Bank CD # 683882 $5,345.83 x
10/14/2008 Citizens Bank CD # 683386 $8,625.48 x
10/14/2008 Citizens Bank CD # 682665 $5,593.97 x
10/14/2008 Citizens Bank CD # 791391 $5,331.69 x
10/14/2008 Citizens Bank CD# 721598 $7,472.17 x
10/14/2008 Citizens Bank Savings Account# 643677 $8,338.37 x
10/2'1/2008 Citizens Bank IRA Account $5,199.62 x
12/0<3/2008 Citizens Bank Fee Rebate $2.00 x
01/26/2009 Register of Wills -inheritance tax refund $2,028.05
01/27/2009 John M. Eakin- Refrigerator reimbursement $225.00
TOTAL $125,19
1.09
INCOME ACCOUNT .
11/24/2008 Citizens Money Market Account interest $243.29
01/27/2009 Citizens Money Market Account interest $297.55
TOTAL $540.84
TOTAL DEBITS $261,762.37
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The Accountant claims the following credits:
DEBTS
05/30/2008 Travelers Indemnity 8~ Affiliates- homeowners ins. $416.00 x
06/04/2.008 United Water, water bill $19.16 x
06/04/2:008 PP&L, electric bill $44.83 x
09/10/2'008 United Water, water bill $26.75 x
09/10/2'008 PP&L, electric bill $27.68 x
08/21/2008 PP8~L, electric bill $63.84 x
09/25/2!008 Borough of Mechanicsburg -sewer $47.65 x
09/25/2!008 PP&L $31.67 x
09/25/2008 Linda Zeigler -reimbursement for lawn care $595.00
09/25/2008 United Water $8.97 x
09/25/2008 United Water $8.82 x
09/25/:?008 Barry L. Heckard -tax collector $1,426.90 x
10/21%?008 United Water $8.70 x
10/15/;?008 PPL $16.66 x
10/15/;?008 Prism- medical bill $96.42 x
TOTAL $2,839.05
ADMINISTRATIVE EXPENSES
05/21/2008 Register of Wills -Letters Testamentary $356.00 x
05/21/2008 Cumberland Law Journal -estate notice $75.00 x
05/21/2008 The Sentinel- estate notice $118.72 x
05/30/2008 Myers Funeral Home -Funeral $7,126.00 x
06/04/2008 Citizens Bank -service charge $1.00 x
07/02/2008 Central Penn Appraisals, real estate appraisal $300.00 x
07/20/2008 Commonwealth of PA -Car Transfer $68.50 x
07/22l'2008 PA Auto License Broker $50.00 x
07/03l'2008 Citizens Bank -service charge $1.00 x
08/06/2008 Register of Wills -partial inh. tax $30,000.00 x
08/05/2008 Citizens Bank -service charge $1.00 x
09/15/2008 Citizens Bank -Check Order $35.19 x
09/15/2008 Citizens Bank -service charge $1.00 x
10/08,12008 Register of Wills -filing fee $15.00 x
10/0812008 Register of Wills -inheritance tax $3,836.61 x
10/20/2008 Duty's Lock and safe Security Inc . $89.00 x
10/30/2008 Citizens Bank -service charge $1.00 x
10/16/2008 Register of Wills -filing fee $15.00 x
09/27/2008 Frank Potteiger -Auction Fee $1,117.50 x
11/03/2008 Citizens Bank -service charge $1.00 x
12/03/2008 Citizens Bank -service charge $1.00 x
12/07'/2008 John M. Eakin, attorney fee $5,000.00 x
12/07'/2008 John M. Eakin, partial executor fee $300.00 x
01/27'/2009 John M. Eakin, executor fee $10,200.00
01/27'/2009 Register of Wills -filing fee $150.00
01/27'/2009 Register of Wills -advertising account $80.00
TOTAL $58,939.52
DISTRIBUTION TO BENEFICIARIES
Jim and Linda Zeigler -Buick Century
Jim and Linda Zeigler -Cash
Jim and Linda Zeigler- Cash
COST 01= SELLING REAL ESTATE
11/03/2008 1% Transfer Tax
11/03/2008 Notary
11/03/21J08 Refrigerator credit
11/03/2008 Frank Potteiger- auctioneer
REAL ESTATE
PERSONAL ESTATE
INCOME
ADMINISTRATIVE EXPENSES
DEBTS
COST OF SELLING REAL ESTATE
BALANI;,E FOR DISTRIBUTION
DISTRIBUTION TO BENEFICIARIES
BALANCE
TOTAL
TOTAL
TOTAL CREDITS
RECAPITULATION
PRINCIPAL ACCOUNT
DEDUCTIONS
TOTAL
TOTAL
$2,360.00 x
$70.00 x
$40,000.00 x
$1,350.00 x
$5.00 x
$225.00 x
$1,150.00 x
$136,030.44
$125,191.09
$540.84
$58,939.52
$2,839.05
$2, 730.00
$42,430.00
$2,730.00
$106,938.57
$261, 762.37
SCHEDULE OF DISTRIBUTION
$64, 508.57
$197,253.80
$42,430.00
$154,823.80
The accountant proposes to distribute the amount for distribution in the amount of $154,823.80
in accordance with Paragraph three of decedent's will which provides " I give, devise and bequeath my
entire estate, real ,personal and mixed of whatsoever nature and wheresoever the same may
be situate, to my two friends, Jim Zeigler and Linda Zeigler, husband and wife, or the survivor
of them. " ~~ ~ Jim and Linda Zeigler $154,823.80
Dated: January , 2009
Respect u ly submitted
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,
V1Z:
June 6 June 13 and June 20 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.
,~~
~~ a Marie Coyne, Edit
SWO N TO AND SUBSCRIBED before me this
20_day of .Tune, 2008
M<:Gee, Laura C., deed.
Late of the Borough of Mechanics-
burg.
Executor: John M. Eakin, Market
Square Building, Mechanicsburg,
PA 17055.
Attorney: John M. Eakin, Esquire,
Market Square Building, Mechan-
icsburg, PA 17055.
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Notary
! ~~ iVOTARiAI SEAL
DE80RA,1-? A COLLINS
Notary Public
CARLISLE BORO, CUMBERLAND COUNTY
My Commission Expires Apr 28, 2010
PROOF OF PUBLICATION
State of Pennsylvania, County of Cumberland
Erica Peterson, Classified 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 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 day(s):
>\~ra~~ ~A- dune 5,12, 2008
COPY OF NOTICE OF PUBLICATION
EXECUTOR NOTICE
Letters Testamentary on the Estate of LAURA C.
McGEE, late of the Bonwgh of Mechanicsburg.
Cumberland County, Petmcylvania, deceased,
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 M. Eakin, Executor
Market Square 8ufkfing
Mechanicsburg, PA 17055
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.
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Sworn to and subscribed before me this
12th day of Tune, 2008.
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Notary Pu is
My commission expires: f~~81®~
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~CPNiA A C,JIfNiP
NOIOfY hIb11C
CAN1111ElOR000M, CUNN81lN~D
MM CoRrftlnion iolpli+~ .hrt 4, 2009'
IN RE: FIRST AND FINAL ACCOUNT
OF JOHN M. EAKIN, EXECUTOR OF
THE LAST WILL AND TESTAMENT OF
LAURA C. MCGEE, LATE OF
MECHANICSBURG BOROUGH,
COUNTY OF CUMBERLAND AND
STATE OF PENNSYLVANIA,
DECEASED.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
ESTATE N0.21-06-0555
NOTICE IS HEREBY GIVE that JOHN M. EAKIN, Executor of the Estate of
Laura C. McGee, deceased, has filed his first and final account with the Register of
Wills of Cumberland County, Pennsylvania and that the same will be presented to
the Court, in Cumberland County Courthouse, Carlisle, on March 3, 2009, at 9:30
o'clock, A.M. for confirmation, unless objections or exceptions are filed thereto.
'VY 2-
Date: January 27, 2009
John akin, Executor
cc: Linda Zeigler
1280 York Road
Mechanicsburg, PA 17055
Jim Zeigler
1280 York Road
Mechanicsburg, PA 17055
Roberta Deere
501 N. Providence Road #614
Media, PA 19063
Murriel White
151 Buffalo Ave., Apt. 1002
Niagara Falls, NY 14303
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Cumberland
DECEDENT'S ESTATE
COURT OF COMMON PLEAS OF n
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COUNTY, PENNSYLVANIA ~ ~
ORPHANS' COURT DIVISION ` ~-,
ESTATE OF Laura C. McGee
No. 21-08-0555
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DECEASEQ~ --i
PETITION FOR ADJUDICATION /
STATEMENT OF PROPOSED DISTRIBUTION
PURSUANT TO Pa. O.C. Rule 6.9
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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: John M. Eakin
Supreme Court LD. No.: 6351
Name of Law Firm:
Address: Market Square Building, Mechanicsburg, PA 17055
Telephone: 717-766-3172
Fax: 717-691-3281
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Form OGOI rev. 10.13.06 Page 1 Of 10
Estate of Laura C. McGee
1. Name(s) and address(es) of Petitioner(s):
Name: John M. Eakin
Address: Market Square Building
Mechanicsburg, PA 17055
Identify any executors or administrators who have not joined in the Petition for
Adjudication and Statement of Proposed Distribution and state reason:
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 May 13, 2008
Letters Testamentary or ~ Letters of Administration were granted to Petitioner(s) on
Date of Will (f applicable): May 9, 2008
Date(s) of Codicil(s) (f applicable):
Date of probate (if different from date Letters granted): May 21, 2008
Was a bond required? ~I'es ~ 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- Mav 29, June 5, 12, 2008
Deceased
Cumberland Law Journal -June 6,13,20,2008
Form OC-Ol rev. !0.!3.06 Page 2 Of 10
Estate of Laura C. McGee
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 sic. of the Probate, Estates and Fiduciaries Code)
1f 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 ~ No
Were any children born to decedent after execution of
Will or Codicil(s)? ........................................... ~ 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
rormoc-o~ rev. 1o.~3.n6 Page 3 of 10
Estate of Laura C. McGee ,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 l4 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):
Name and Address of Each Party in Interest ~ Relationship and Comments, if any ~ Interest
Jim Zeigler Friend 50% of Estate
1280 York Road
Mechanicsburg, PA 17055
Linda Zeigler Friend
1280 York Road
Mechanicsburg, PA 17055
50% of Estate
Form OC-O7 rev. 10.!3.06 Page 4 Of 10
Estate of Laura C. McGee
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.
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.
For,r,oc-ot rev. ~0.~3.06 Page 5 of IO
Estate of Laura C. McGee ,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?
ND-al !~ Yes Yes
No ~ No
Yes ~ Yes
~No ~ No
Yes ~ Yes
ONo ®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.
1 1. Was family exemption claimed? ................................ Yes ~No
Was family exemption allowed? ................................ Yes ~No
Family exemption claimant's name and relationship:
Name.'
Relationship.•
Form oc-nl rev.10.13.06 Page 6 of 10
Estate of Laura C. McGee
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
August 6, 2008 30,000.00
October 8, 2008
1,808.56
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 ofthe
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.
Formoc-oI rev. ro.~3.06 Page 7 of 10
Estate of Laura C. McGee
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.
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
Purpose:
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.
19. Is the Court being asked to direct
the filing of a Schedule of Distribution? .......................... DYes ~No
As to real estate only? ........................................ Yes ~ No
Form oc-ol rev. 10.13.06 Page 8 of 10
Estate of Laura C. McGee ,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 Distributee(s)
Jim and Linda Zeigler
B. Principal:
Proposed Distributee(s)
Jim and Linda Zeigler
Amo:mt/Proportion
100%
Amount/Proportion
100%
Submitted By:
(All petitioners must sign.
Add additional lines if necessary):
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Name of etitioner: John M. Eakin
Name of Petitioner:
Form OC-01 rev. 10.!3.06 Page 9 Of 10
Estate of Laura C. McGee
Verification of Petitioner
(Verification must be by at least one petitioner.)
Deceased
The undersigned hereby verifies * [that heistie is title
and] that the facts set
of the above-named name of corporation
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).
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Signa ur 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.
Sign ' e of Counsel for Petitioner
Page 10 of 10
Form OC-Ol rev. 10.13.06