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Home My WebLink About07-23-09 In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division ~~ ~~~ ,3 ~~ File No. 21-07-0463 ~ ~1`~~~'L , ~Z? Estate of Edith R. CARBAUGH, Deceased Second and Final Orrstown Bank Date of Death: 04/24/2007 Date of Appointment: 05/11/2007 Date of First Complete Advertisement: Accounting for the period: 08/02/2008 to 06/30/2009 Purpose of Account: Orrstown Bank, 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 or questions or objections can be discussed with: Forest N Myers Law Office Forest N Myers 137 Park Place West Shippensburg, PA 17257-9212 c ~ `,`5 7171532-9046 - ~ ~ _~ --~ ~ ~_ -' Supreme Court LD. No. 18064 - ~ ~ 5 ' ~_~ .: ~ W ~`i .. _ , ~ O ,,. , SUMMARY OF ACCOUNT Estate of Edith R. CARBAUGH, Deceased For the period of August 2 2008 through June 30, 2009 PAGES PRINCIPAL Receipts: This Account 24,266.50 Net Gain (or Loss) on Sales 0.00 or Other Dispositions 24,266.50 Less Disbursements: Debts of Decedent 0.00 Funeral Expenses 0.00 Administration Expenses 660.00 Federal, State 8~ Local Taxes 0.00 Commissions 20,454.35 Fees 750.00 Family Exemption 0.00 21,864.35 Balance Before Distributions 2,402.15 Transfer to (from) Principal 161.75 Distributions to Beneficiaries 0.00 Principal Balance on Hand 2,563.90 For Information: Investments Made Changes in Holdings INCOME Receipts This Account 161.75 Net Gain (or Loss) on Sales 0.00 or Other Dispositions 161.75 Less Disbursements 0.00 Balance Before Distributions 161.75 Transfer to (from) Income -161.75 Distributions to Beneficiaries 0.00 Income Balance on Hand 0.00 For Information: Investments Made Changes in Holdings COMBINED BALANCE ON HAND 2,563.90 Signature Verification SCHEDULE A RECEIPTS OF PRINCIPAL Fiduciary Acquisition Value Cash 07/29/2008 Orrstown Bank -Balance remaining in Estate 21,273.59 account after partial distributions issued on 07/29/08 04/0212009 Commonwealth of Pennsylvania -Refund of 2,992.91 overpayment of Inheritance Tax Total Cash 24,266.50 Total Receipts of Principal 24,266.50 SCHEDULE C DISBURSEMENTS OF PRINCIPAL Administration Expenses 06/08/2009 Law Office Forest N. Myers -Reimbursement of 250.00 filing fees to Cumberland County Courthouse for filing 1st Accounting with the Court 06/08/2009 Law Office Forest N. Myers -Reimbursement for 80.00 advertising of 1st Accounting 06/30/2009 Law Office Forest N. Myers -Reimbursement of 250.00 filing fees to Cumberland County Courthouse for filing 2nd 8~ Final Accounting with the Court 06/30/2009 Law Office Forest N. Myers -Reimbursement for 80.00 advertising of 2nd 8 Final Accounting Total Miscellaneous Administrative Expenses Commissions 10/31/2008 Orrstown Bank -Executor's fee 18,998.00 04/09/2009 Orrstown Bank -Fiduciary fees; 6% income fee 1,456.35 Total Commissions Fees 06/08/2009 Law Office Forest N. Myers -Attorney's fee for 750.00 completion of the administration of the Estate Total Fees 660.00 20,454.35 750.00 TOTAL DISBURSEMENTS OF PRINCIPAL 21,864.35 SCHEDULE G RECEIPTS OF INCOME Dividend Dividends 09/02/2008 47.59 10/01 /2008 39.78 11 /03/2008 0.11 12/01 /2008 0.18 01 /02/2009 0.17 01/02/2009 2 77 02/02/2009 3.16 02/02/2009 0.14 03/02/2009 2 29 03/02/2009 0.11 04/01 /2009 1.94 04/01 /2009 0.09 05/01 /2009 0.11 05/01 /2009 0.01 98.45 TOTAL DIVIDEND INCOME 98.45 Interest/Bank Interest 10/03/2008 8 57 12/01 /2008 4.45 01 /02/2009 1.18 14.20 TOTAL BANK INTEREST Interest/Bond Interest 14.20 11 /03/2008 49.10 SCHEDULE G RECEIPTS OF INCOME Continued 49.10 TOTAL BOND INTEREST TOTAL RECEIPTS OF INCOME 49.10 161.75 PROPOSED DISTRIBUTIONS TO BENEFICIARIES Current Value Fiduciary 06/30/2009 Acquisition or as noted Value TO: Betty Lynch Final Disbursement - 15.2 share 391.71 391.71 TO: Carol Eckenrode Final Disbursement - 7.7 share 199.41 199.41 TO: Donna Schenk Final Disbursement - 7.7 share 199.41 199.41 TO: Doris Kling Final Disbursement - 15.2 share 391.71 391.71 TO: Howard Shuman Final Disbursement - 7.7 share 199.41 199.41 TO: Messiah UM Church Final Disbursement - 7.7 share 199.41 199.41 TO: Rose Jackson Final Disbursement - 15.2 share 391.71 391.71 TO: Sandy Weaver Final Disbursement - 15.2 share 391.72 391.72 PROPOSED DISTRIBUTIONS TO BENEFICIARIES Continued Current Value Fiduciary 06/30/2009 Acquisition or as noted Value TO: Thomas Jackson Final Disbursement - 7.7 share 199.41 199.41 Total 2,563.90 In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-07-0463 Estate of Edith R. CARBAUGH, Deceased Signature In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-07-0463 Estate of Edith R. CARBAUGH, Deceased Verification Orrstown Bank under the Last Will and Testament of Edith R. CARBAUGH, Deceased, hereby declares under oath that he/she has fully and faithfully discharged the duties of his/her office; that the foregoing 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/her knowledge, there are no claims now 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 foregoing Account. This statement is made subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Orr own Ba k Dated: ~ . ~~ DECEDENT'S ESTATE ~, ~ ~~. 4=~ -~ - ~, ~__ - - :-~ COURT OF COMMON PLEAS OF ,~ r r- t _.~ r,,.~ CUMBERLAND COUNTY, PENNSYLVANIA - ~ `~'' ORPHANS' COURT DIVISION ' ~'.; , _.- - i .__ - _.~ F~:: ~~t ESTATE OF Edith R. CARBAUGH ,DECEASED N o. 21-07-0463 PETITION FOR ADJUDICATION / STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.C. RULE 6.9 This form maybe used in a// cases involving the Audit of the Account of a Decedent's Estate. If space is insufficient, riders maybe 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 I.D. No. Name of Law Firm: Address: Telephone: Fax: E-mail: Forest N Myers 18064 Law Office Forest N Myers 137 Park Place West Shippensburg, PA 17257-9212 717/532-9046 717/532-8879 fnmyers@embargmail.com Form OC-O1 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc Page 1 of 10 Estate of Edith R. CARBAUGH ,Deceased 1. Name(s) and address(es) of Petitioner(s): Name: Orrstown Bank Aaaress: 77 E King St 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? • • ~ ^ Yes ~ No If not, identify prior accountings, the accounting periods covered, and the date of adjudication of the prior accounting. First and Final Accounting was filed on May 23, 2008, covering the period of 04/24/2007 - an was ca a to u i on une , 2. Decedent died on 04/24/2007 ^X Letters Testamentary or 05/11 /2007 ^ Letters of Administration were granted to Petitioner(s) on Date of Will (if applicable): Date(s) of Codicil(s) (if applicable) Date of probate (if different from date Letters granted): 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: 05/16/2007 05/23/2007 05/25/2007 05/30/2007 06/01/2007 06/08/2007 01 /06/2004 Form OC-0~ Rev. 10-i3-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Pa e 2 of 10 9 Estate of Edith R. CARBAUGH 3. Was decedent survived by a spouse? If yes, name of the surviving spouse: Deceased Yes ~ No 4. Has the surviving spouse filed to take an elective share? .......................... (See Section 2201 et sue. 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): 6. Did the decedent marry after execution of Will or Codicil(s)? Were any children born to decedent after execution of Will or Codicil(s)? ........................................................ If yes, give names and dates of birth: Name: 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 Yes ~ No Yes ~ No Date of Birth: Yes ~ No Form OC-O1 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 3 Of ~ O Estate of Edith R. CARBAUGH 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 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): Form OC-O1 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page Q 0{ ~ O Estate of Edith R. CARBAUGH 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. None 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). Not required 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. Rose Jackson, deceased; Date of Death: 11/18/2007; Date and place of Grant of Letters Testamentary: 01/08/2008 in Cumberland County Form OC-O1 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 5 Of ~ Q Beneficiaries or Heirs (continuation of Question #9A) Estate of Edith R. CARBAUGH ,Deceased Name and Address of Each Party in Interest Relationship and Comments, if any Interest Doris Kling Niece 15.2778% 59 Locust St Shippensburg PA 17257 Sandy Weaver Niece 15.2778% 325 Whitmore Rd Shippensburg PA 17257 Rose Jackson Sister 15.2778% 325 Whitmore Rd Shippensburg PA 17257 Carol Eckenrode Niece 7.7778% 841 Long Ln Chambersburg PA 17201 Howard Shuman Nephew 7.7778% 1728 Pinehurst Ln Fossmoor IL 60422 Messiah UM Church None 7.7778% 38 S Penn St Shippensburg PA 17257 Betty Lynch Niece 15.2778% P O Box 263 Shippensburg PA 17257 Donna Schenk Niece 7.7778% 3404 Chestnut Ave Trevose PA 19057 Thomas Jackson Nephew 7.7778% 210 Midle Spring Rd Shippensburg PA 17257 Form OC-01 Rev. 10-13-06 Estate of Edith R. CARBAUGH 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 Admitted? Will Claim Be Paid in Full? i T Above Attachment Total 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? Was family exemption allowed? Family exemption claimant's name and relationship: Name: Relationship: Yes ~ No Yes ~ No Form OC-O1 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group. Inc. Page 6 Ot ~ ~ Estate of Edith R. CARBAUGH 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 07/07/2007 Payment 60,000.00 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? ........................ 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: None B. Has notice of the question requiring adjudication been given to the parties identified in Paragraph 9 above? ...................... 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. Interest Yes ~ No Yes ~ No Form OC-O1 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. P89e ~ Of ~ O Estate of Edith R. CARBAUGH Deceased 16. Had the decedent been adjudicated an incapacitated person? If yes, attach a copy of the Order if available; otherwise state 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. Date Description None B. Has notice of the additional receipts and disbursements been given to the parties identified in Paragraph 9 above? .............. 18. If a reserve is requested, state amount and purpose. Amount. 0.00 Yes ~ No Amoun! Yes ~ No 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? ................................................................... If so, attach a copy of the notice. 19. Is the Court being asked to direct the filing of a Schedule of Distribution? As to real estate only? .......................... Yes ~ No Yes ~ No ... ~ Yes ~ No Form OC-O1 Rev. f0-13-2006 Copyright (c) 2006 form software only The Lackner Group. Inc. Page $ Of ~ Q Estate of Edith R. CARBAUGH 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 Distnbutee(s) Amount Proportion See attached schedule B. Principal: Proposed Distributee(s) Amount Proportion See attached schedule Submitted By: (All petitioners must sign. Tonal line ~ nec ary): of Pe loner: Orrstown Bank Name of Petitioner: Name of Petitioner: Form OC-~"/ Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 9 0 f ~ Q Proposed Distributions of Principal (continuation of Page 9) Estate of Edith R. CARBAUGH B. Principal: Proposed Distributee(s) Doris Kling Sandy Weaver Rose Jackson Carol Eckenrode Howard Shuman Messiah UM Church Betty Lynch Donna Schenk Thomas Jackson Amount Proportion 391.71 15.2778% 391.72 15.2778% 391.71 15.2778% 199.41 7.7778% 199.41 7.7778% 199.41 7.7778% 391.71 15.2778% 199.41 7.7778°/a 199.41 7.7778°/a Deceased Form OC-Ol Rev. 10-13-06 Estate of Edith R. CARBAUGH Verification of Petitioner (Verification must be by at least one petitioner.) Deceased The undersigned hereby verifies * [that na~sne he is tide Daniel Baer, Trust Officer of the above-named nameotcorporation Orrstown Bank 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). ~~~,.>-•------~ Si Pet: i ner Orrstown Bank Signature of Petitioner 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 Cou I for Petitioner Forest N Myers Form ~C-0'I Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group. Inc. P2ge ~ ~ Of ~ ~