HomeMy WebLinkAbout04-0522 PETITION FOR PROBATE and GRANT OF LETTERS
Oq 5ZZ
Estate of James Baird, Jr. No. ~ - -
also known as To:
Register of Wills for the
Social Security No. 196-14-292J Deceased. County of Cumberland in the
Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your petitioner(X), who is/~fi~ 18 years of age or older an the execut or named
in the last wilt of the above decedent, dated Novomher 1
and codicil(s) dated none
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decendent was domiciled at death in Cumberland County, Pennsylvania, with
h is last'family or principal residence at 21
Shippensburg, Southampton Township
(list street, number and muncipality)
Decendent, then 81 years of age, died /,lay 24. ~ 2006
at Carlisle Regional Medical Center '
Except as follows, dccedent did not marry, was not divorced and did not have a child born or adopted
after execution of the will offered for probate; was not the victim of a killing and was never adjudicated
incompetent:.. none
Decendent at death owned property with estimated values as follows:
(If domiciled in Pa.) All personal property $ 41t 961.00
(If not domiciled in Pa.) Personal property in Pennsylvania $
(If not domiciled in Pa.) Personal property in County $
Value of real estate in Pennsylvania $
situated as follows:
WHEREFORE, petitioner~) respectfully request(s) the probate of the last will a/ki codicil(s)
presented herewith and the grant of letters Testamentary ~-~
theron. (testamentary; administration c.t.a.; administratioj~d.b.n.c.t.a.)
~ '~ Franklin D, Southerly ~ 33 fihippensburg Nobile
,~=.=o Shippensburg, PA 17257
OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Cumberland _j~
The petitioner(X) above-named swear(s) or affirm(s) that the statements in the foregoing petition are
true and correct to the best of the knowledge and belief of petitionerl~) and that as personal represen-
tative01) of the above decedent petitioner~) will well and truly administer the estate according to law.
Sworn to or affirmed and subscribed ~ /~'~._~ O-- ~~-~-~n
beforel.~) 't~iximeE this -----~, - ~'~1~ day~cs_4of ]/ Franklin D. Southerly
No. Zl-- 04-5'7-3-
Estate Of James Baird, Jr. , Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW {~ ' ~ 1~,_21).(L4 in consideration of the petition on
the reverse side hereof, satisfactory proof having been presented before me,
IT IS DECREED that the instrumentfX) dated November 13, 2003
described therein be admitted to probate and filed of record as the last will of James Baird, Jr.
and Letters Testnm~ntary_
are hereby granted to Franklin D. Southerly
FEES ~
Probate, Letters, Etc .......... $ 0.~ Jerry A. Wei§le. Esquire ~016
Short Certificates( ) .,~.' ....... $. [5, ~ ATTORNEY (Sup. Ct. I.D. No.)
~==~,;,,~ .,. ~. 7.,~.,~... ~ ~-~'~: w~,~ ~ ~o~,~, ~.~.
ADD.SS
TOTAL __ $. I~l, ~ ~ippensburg. PA 17257
(7~7) ~3~-~388
Filed ................................... PHONE
his is to certify that the information here given is correctly copied ['rom an original certificate c,f dealh duly filed xvid~ me as
Local Registrar. The original certificate will be forwarded to the State Vital Records Office l'or [ermm tnt filing.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $2.00
Lecal Registrar
P 10371857
No. ~ Date
i
.*u.~ ~4J~uv 2,67 COMMONWEALTH OF PENNSYLVANIA · DEPARTMENT OF HEALTH · VITAL RECORDS
CERTIFICATE OF DEATH
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LAST WILL AND TESTAMENT
I, James Baird, Jr., presently residing at 21 Shippensburg Mobile Estates, Shippensburg,
Cumberland County, Pennsylvania 17257, being of sound mind, memory and disposition, do hereby
make, publish and declare this my Last Will and Testament, hereby revoking and making void all wills
by me at any time heretofore made.
FIRST. I order and direct the payment of all my legally enforceable debts and funeral
expenses as soon as may be convenient after my decease.
SECOND, I give, devise and bequeath all my estate, real, personal and mixed, whatsoever
and wheresoever situate to my good friends, FRANKLIN D. SOUTHERLY and EVELYN LOUISE
SOUTHERLY, husband and wife, or to the survivor of the said Franklin D. Southerly and Evelyn
Louise Southerly, absolutely.
THIRD. I acknowledge the existence of my children, Lloyd G. Baird, Doris Black, and
Linda McKendry. I also acknowledge the existence of my son, Larry Kulawiecz, who was adopted as a
baby. It is my specific intent and desire not to leave any share of my estate whatsoever to any of the
above-named individuals.
FOURTH. I nominate, constitute and appoint FRANKLIN D. SOUTHERLY, presently
residing at 33 Shippensburg Mobile Estates, Shippensburg, Pennsylvania 17257, to be the Executor of
this my Last Will and Testament; if he be unable to fulfill the duties of Executor, I then nominate,
constitute and appoint JERRY A. WEIGLE, ESQUIRE, with offices located at 126 East King Street,
Shippensburg, Pennsylvania 17257, to be the Executor of this my Last Will and Testament.
FIFTH. I direct that my personal representative(s) shall not be required to give bond for
the faithful performance of their duties in any jurisdiction.
SIXTH. I direct my Executor to retain the services of JERRY A. WEIGLE, ESQUIRE,
with offices located at 126 East King Street, Shippensburg, Pennsylvania 17257, with respect to the
settlement of my estate due to his familiarity with my affairs.
IN WITNESS WHEREOF, I, James Baird, Jr., have hereunto set my hand and seal to this my
Last Will and Testament, written on one (1) page, this 13th day of November, 2003.
_ . ~ _ _ . (SEAL)
//
WEIGLE & ASSOCIATES, RC. -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397
This instrument was by the Testator, on the date hereof, signed, published and declared by him to be
his Last Will and Testament, in our presence, who at his request and in the presence of each other,
we believing him to be of sound and disposing mind and memory, have hereunto subscribed our names
as witnesses.
COMMONWEALTH OF PENNSYLVANIA ·
· SS
COUNTY OF CUMBERLAND ·
I, James Baird, Jr., the person whose name is signed to the foregoing instrument, having been
duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my
Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes
therein expressed.
Sworn or affirmed to and acknowledged before
me by James Baird, Jr., the Testator,
this f~] day of ~~/~4---,2003.
. - ' ' Shippensburg, PA Cdfnberland County
,~ . My Commission Expires October 7, 2006
WEIGLE & ASSOCIATES, RC. -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257~1397
COMMONWEALTH OF PENNSYLVANIA :
: SS
COUNTY OF CUMBERLAND :
and ~"~4ahil~ L. tome , the witnesses whose names are signed to the
foregoing instrument, being duly qualified according to law, do depose and say that we were present and
saw James Baird, Jr., the Testator, sign and execute the instrument as his Last Will; that he signed
willingly and that he executed it as his free and voluntary act for the purposes therein expressed; that
each of us in the hearing and sight of the Testator, signed the will as witnesses; and that to the best of
our knowledge the Testator was at the time eighteen (18) or more years of age and of sound mind and
under no constraint or undue influence.
I
Sworn or affirmed to and subscribed before me
.~witnesses, thisday of 2003.
i % lINT-
WEIGLE & ASSOCIATES, P.C. -- ATTORNEYS AT /AW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 172:57-1397
IN RE: ESTATE OF JAMES BAIRD, JR., · 1N THE COURT OF COMMON PLEAS OF
late of Southampton Township, · CUMBERLAND COUNTY
Cumberland County, : PENNSYLVANIA
Pennsylvania, deceased · ORPHANS' COURT DIVISION
· ESTATE NUMBER 21-04-0522
CERTIFICATION OF NOTICE UNDER RULE 5.6 (a)
Name of Decedent: James Baird, Jr.
Date of Death: May 24, 2004 :.~
Will No. 0522 of 2004
To the Register: -~'
I certify that notice of beneficial interest required by Rule 5.6(a) of the O.i'Phans'
Court Rules was served on or mailed to the following beneficiaries of the aboV,~
captioned estate on June 16, 2004:
Franklin D. Southerly and
Evelyn Louise Southerly, husband and wife
33 Shippensburg Mobile Estates
Shippensburg, PA 17257
Notice has now been given to all persons entitled thereto under Rule 5.6(a) except
NONE.
June 16, 2004 Q'"-' C~
Signat~
~,Name: Jerry A. Weigle, Esquire
Address: Weigle & Associates, P.C.
126 East King Street
Shippensburg, PA 17257
Telephone: (717) 532-7388
Capacity: Personal Representative
X Counsel for Personal
Representative
l~ WEIGLE & ASSOCIATES, P.C.-- ATTORNEYS AT LAW -- 126 EAST KING STREET --SHIPPENSBURG, PA 17257-1397
COMMONWEALTH OF PENNSYLVANfA REV-1162 EX(1 1 96)
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
DEPT 280601
HARRISBURG, PA 17128 0601
PENNSYLVANIA
RECEIVED FROM: INHERITANCE AND E~TATE TAX
OFFICIAL RECEIPT
NO. CD 004279
SOUTHERLY FRANKLIN D
33 SHIPPENSBURG MOBILE ESTATES
SHIPPENSBURG, PA 17257
ACN
ASSESSMENT AMOUNT
CONTROL
NUMBER
....... fold
101 $4,700.00
ESTATE INFORMATION: SSN: 196142927
FILE NUMBER: 2104-0522
DECEDENT NAME: BAIRD JAMES JR
DATE OF PAYMENT: 08/17/2004
POSTMARK DATE: 08/1 7/2004
COUNTY: CUMBERLAND
DATE OF DEATH: 05/24/2004
TOTAL AMOUNT PAID: $4,700.00
REMARKS: F D SOUTHERLY
CHECK# 102
INITIALS: VZ
SEAL RECEIVED BY: GLENDA FARNER STRASBAUGH
REGISTER OF WILLS
REGISTER OF WILLS
WEIGLE & ASSOCIATES,
Attorneys at Law
126 East King Street
Shippensburg, PA 1725'/
:,,~ ~r- r,~ '? :~,i:,':~ PENNSYLVANIA
RECEIVED FROM: INHERITANCE AND ESTATE TAX
OFF C A -RECE P r NO. CD 004739
SOUTHERLY FRANKLIN D
33 SHIPPENSBURG MOBILE ESTATES
SHIPPENSBURG, PA 17257
ACN
ASSESSMENT AMOUNT
CONTROL
NUMBER
101 $25.67
ESTATE INFORMATION: SSN: 19614 2927
:ILE NUMBER: 2104 0522
DECEDENT NAME: BAIRD JAMES JR
DATE OF PAYMENT: 12/15/2004
POSTMARK DATE: 12/15/2004
COUNTY: CUMBERLAND
)ATE OF DEATH: 05/24/2004
TOTAL AMOUNT PAID: $25.67
REMARKS: F SOUTHERLY
CHECK# 109
INITIALS: VZ
SEAL RECEIVED BY: GLENDA FARNER STRASBAUGH
REGISTER OF WILLS
REGISTER OF WILLS
REVelS00 EX + (6-00)
COMMONW.ALT, OF REV'1500
DEPAR~MENTOFREVBNUE INHERITANCE TAX RETURN F,LE.UM.E.
DEPT 280601 21 2004 0522
HARRISBURG, PA 17128-0601RESIDENT DECEDENT --
COUNTY CODE YEAR NUMBER
DECEDENT'S NAME (LAST FIRST, AND MIDDLE INITIAL) SOCIAL SECURITY NUMBER
~- I Baird, James Jr. 196-14-2927
~:~ , ' THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
w : 05-24-2004 11-17-1922
~ REGISTER OF WILLS
~ ~ X 6 Decedent Died Testate (Attach 7 Decedent Maintained Trust
(Attach
: THIS sEcTioN MuST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION sHOULD BE DIRECTED
I- AME
z~ Jerry A. Welgle, Esq.
~ Weigle & Associates, P.C. 126 East King Street
~ Shippensburg, PA 17257
° (717) 532-7388
1 Heal Estate (Schedule A) (1) N o n e
2 Stocks and Bonds (Schedule B) (2) N o n e .~
3. Closely Held Corporation, Partnership or Sole-Proprietorship (3) N o n e
4. Mortgages & Notes Receivable (Schedule D) (4) N o n e ;- ,¢
5. Cash, Bank Deposits & Miscellaneous Personal Property (5) 36,624.56 ,
(Schedule E) -~'C'~ ~
z 6. Jointly Owned Property (Schedule F) (6) N 0 n e .~_~
~.~ 8 Total Gross Assets (total Lines 1-7) (8) 36,624.56
u~~ 9. Funeral Expenses & Administrative Costs (Schedule H) (9) 3,013.26
11. Total Deductions (total Lines 9 & 10) (11) 3,470.99
12 Net Value of Estate (Line 8 minus Line 11) (12) 33,153.57
14. Net Value Subject to Tax (Line 12 minus Line 13) (14) 33,153.57
15Amoun of Line l4 taxable at the spousal tax rate, 0.00 x .00 (15) 0.00
or transfers under Sec. 9116(a)(12)
o_
~- 16.Amount of Line 14 taxable at lineal rate 0.00 x .045 (16) 0.00
xo t8. Amount of Line14 taxable at collateral rate 33,153.57 x .15 (18) 4,973.04
~- 19 Tax Due (19) 4,973.04
Rev-1502 EX+ (6-98)
SCHEDULE H-B7
OTHER
ooM~o.~LTH o~ .E..S~VA~,^ ADMINISTRATIVE COSTS
R,s,oENT OEO~D,,. continued
ESTATE OF
FILE NUMBER
Baird, James Jr. 21-04-0522
ITEM
NUMBER DESCRIPTION AMOUNT
1 Cumberland Law Journal - advertising cost 75.00
2 Dan Hershey Auctioneering - appraisal fee 25.00
3 F & M Trust - research fee 5.00
4 Franklin Southerly - reimbursement for billing from Beedles Flowers 44.45
5 Register of Wills, Cumberland County - filing Family Settlement Agreement 75.00
6 Register of Wills, Cumberland County - filing PA Inheritance Tax Return 15.00
7 Register of Wills, Cumberland County - Short Certificate 3.00
8 Sailhamer Real Estate - appraisal fee 100.00
9 The News-Chronicle - advertising cost 84.50
10 Weigle & Associates, P.C. - reimbursement for long distance telephone calls, copies 20.00
& postage
11 Weigle & Associates, P.C. - Notary fee 8.00
Subtotal 454.95
Copyright (c) 2002 form software only The Lackner Group. Inc. Form PA-1500 Schedule H-B7 (Rev 6-98)
Rev-1512 EX+ (6 98)
~ SCHEDULE I
' DEBTS OF DECEDENT,
MORTGAGE LIABILITIES, & LIENS
ESTATE OF FILE NUMBER
Baird, James Jr. 21-04-0522
ITEM VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
1 Adams Electric Cooperative 31.49
2 Adams Electric Cooperative - final billing 1.74
3 James K. Jones, Esquire - Perkins v. Baird - Settlement of Claim 225.00
4 Sprint 3.61
5 Sprint - final billing 8.39
6 Weigle & Associates, P.C. - Perkins v. Baird - Attorney Fee 187.50
TOTAL (Also enter on Line 10, Recapitulation) 457.73
(if more space is neededr additional pages of the same size)
Copyright (c) 2002 form software only The Lackner Group, Inc Form PA-1500 Schedule I (Rev 6-98)
REV-1513 EX+ {9-00)
SCHEDULE J
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN BENEFICIARIES
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Baird, James Jr. 21-04-0522
NAME AND ADDRESS OF RELATIONSHIP TO SHARE OF ESTATE &MOUNT OF ESTATE
NUMBER PERSON(S) RECEIVING PROPERTY DECEDENT (Words) ($$$)
DO Not List Trustee(s)
I. IAXABLb DISTRIBUTIUN5 LlnClude outright spousal
distributions, and transfers
under Sec. 9116(a)(1.2)]
I Evelyn Louise Southerly friend one-half of t6,576.78
21 Shippensburg Mobile Estates estate
Shippensburg, PA 17257
2 Franklin D. Southerly Friend one-half of 16,576.79
21 Shippensburg Mobile Estates estate
Shippensburg, PA 17257
Total 33,t 53.57
Enter dollar amounts for distributions shown above on lines 5 through 18, as appre riate, on Rev 1500 co~ ~r sheet
ii. NON-TAXABLE DISTRIBUTIONS:
A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT
BEING MADE
CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
TOTAL OF PART II - ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEE-
Copyright (c) 2002 form software only The Lackner Group, Inc Form PA-1500 Schedule J (Rev. 6-98)
RE: JAMES BAIRD JR.
DATE OF DEATH 5-24 2004
ACCOUNT INFO~eldATION
X .CHECKING SAVINGS __CERTIFICATE OF DEPOSIT
SAFE DEPOSIT __SHARES OF STOCK
DATE OPENED 12-27-1996 DATE CLOSED 6-7-2004
ACCOUNT NUMBER 33-08197
ACCOUNT BALANCE AT DATE OF DEATH $3,947.72
ACCRUED INTEREST $-0-
TOTAL ACCOUNT BALANCE $3,947.72
NAME{S) ON ACCOUNT JAMES BAIRD JR.
REGISTRATION OF ACCOUNT INDIVIDUAL ACCOUNT
ACCOUNT INFORMATION
X CHECKING SAVINGS CERTIFICATE OF DEPOSIT
__SAFE DEPOSIT __SHARES OF STOCK
DATE OPENED 12-27-1996 DATE CLOSED 6-4 2004
ACCOUNT NUMBER 70-30495
ACCOUNT BALANCE AT DATE OF DEATH $15.523.40
ACCRUED INTEREST $2.73
TOTAL ACCOUNT BALANCE $15,526.13
NAME(S) ON ACCOUNT JAMES BAIRD JR.
REGISTRATION OF ACCOUNT INDIVIDUAL ACCOUNT
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494 E. King St, Shippensburg, Pa 17957
Office (717)~32- 6059/Fa~x (717)530-5181
www.sailhamer.com / ~
June 2, 2004
Mr. Frank Southerly
SME, 33 Westport Drive
Shippensburg, PA 17257
This analysis has not been performed in accordance with the uniform standards of
professional practice which requires valuers to act as unbiased, disinterested third parties
with impartiality, objectivity and independence and without accommodation of personal
interest, it is not to be construed as an appraisal and may not be used as such for any
purpose.
In response to your request for a Comparable Market Analysis for a mobile home
on a rented lot of the Estate of James Baird Jr., I am sending you my estimation of current
market value.
The mobile home is located at Lot 21 Shippensburg Mobile Estates, Shippensburg
Township, Cumberland County, Shippensburg, PA. The home is a 14x70 1993
Commodore bearing serial number CR25604A and tax ID number 36-12-0320-009
TR02977. The mobile home contains an eat-in kitchen, living room, 2 Bedrooms, 2
Baths, and laundry hookup in the hall. Central Air has been installed, and the heating
system is forced hot air kerosene. Roofing and exterior siding is metal. The overall
condition of the mobile home appears to be average.
Based on my personal investigation and findings it is my opinion that the current
market value would be a range of between $10,500 to $12,500.
Sincerely,
Ron Sailhamer
Real Estate Broker
I0~o
ZB, o oo - ~_~
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APPRAISAL OF PERSONAL PROPERTY OF THE ESTATE OF JAMES BAIRD
JR., 21 SHIPPENSBURG MOBILE ESTATES, SHIPPENSBURG, PA ON JUNE 28, 2004:
Love seat sofa $ 40.00
Upholstered swivel rocker (shows wear) $ 15.00
RCA portable color television (older model) $ 5.00
Modern 4-piece bedroom suit including small dresser, chest of drawers,
double bed, and night stand ........................................................ $ 95.00
Modern 5-piece bedroom suit including dresser with mirror, chest of
drawers, double bed, and 2 night stands ..................................... $125.00
TOTAL: $ 280.00
APPRAIS~ BY:
Dennis L. Gotshall, Auctioneer/Prop.
Dan Hershey Auctioneering Service
PA Lic. #AU-002306-L
3 Brown Road
Shippensburg, PA 17257
LAST WILL AND TESTAMENT
1, James Baird, Jr., presently residing at 21 Shippensburg Mobile Estates, Shippensburg,
Cmnberland County, Pennsylvania 17257, being of sound mind, memory and disposition, do hereby
make, publish and declare this my Last Wilt and Testament, hereby revoking and making void all wills
by me at any time heretofore made.
FIRST. I order and direct the payment of all my legally enforceable debts and funeral
expenses as soon as may be convenient after my decease.
SECOND. I give, devise and bequeath all my estate, real. personal and mixed, whatsoever
and wheresoever situate to my good friends, FRANKLIN D. SOUTHERLY and EVELYN LOUISE
SOUTHERLY, husband and wife, or to the survivor of the said Franklin D. Southerly and Evelyn
Louise Southerly, absolutely.
THIRD. I acknowledge the existence of my children, Lloyd G. Baird, Doris Black, and
Linda McKendry. I also acknowledge the existence of my son, Larry Kulawiecz, who was adopted as a
baby. It is my specific intent and desire not to lcave any share of my estate whatsoever to any of the
above-named individuals.
FOURTH. I nominate, constitute and appoint FRANKLIN D. SOUTHERLY, presently
residing at 33 Shippensburg Mobile Estates, Shippensburg, Pennsylvania 17257, to be the Executor of
this my Last Will and Testament; if he be unable to fulfill the duties of Executor, I then nominate,
constitute and appoint JERRY A. WEIGLE, ESQUIRE, with offices located at 126 East King Street,
Shippensburg, Pennsylvania 17257, to be the Executor of this my Last Will and Testament.
FIFTH. I direct that my personal representative(s) shall not be required to give bond for
the faithful performance of their duties in any jurisdiction.
SIXfH. I direct my Executor to retain the services of JERRY A. WEIGLE, ESQUIRE,
with offices located at 126 East King Street, Shippcnsburg, Pennsylvania 17257, with respect to the
settlement of my estate due to his familiarity with my affairs.
IN WITNESS WHEREOF, I, James Baird, Jr., have hereunto set my hand and seal to this my
Last Will and Testament, written on one (1) page, this 13th day of November, 2003.
This instrument was by the Testator, on the date hereof, signed, published and declared by him to be
his Last Will and Testament, in our presence, who at his request and in the presence of each other,
xve believing him to be of sound and disposing mind and memory, have hereunto subscribed our names
as witnesses.
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
I, James Baird, Jr., the person whose name is signed to the foregoing instrument, having been
duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my
Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes
therein expressed.
Sworn or affirmed to and acknowledged before
me by James Baird, Jr., the Testator,
this , ' .~..,] dayof
NO~RIA~ S~L
Jer~ A. W~ig~e, Nota~ Public
Shippensburg, PA ~da~d ~unty
My ~mmission ~pir¢s Odober 7, 2006
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBEREAND
and ~ ~c~A C- [ome , the ~vitnesses whose nines ~e signed to the
foregoing instrument, being duly qualified according to law, do depose ~d say that we were present ~d
saw James Baird, Jr., the Testator, sign and execute the instrument as his Last Will; that he signed
willingly and that he executed it as his free ~d voluntary act for the pu~oses therein expressed; that
each of us in the hearing and sight of the Testator, signed the will as witnesses; and that to the best of
our ~owledge the Testator was at the time eighteen (18) or more years of age and of sold mind and
under no constraint or undue influence.
Sworn or affirmed to and subscribed before me
wit ess , this J d&y ot 2003.
~ ] NOTARIALS~L
der~ A. WeiCe Nma~ PuNic
Ship~nsburg, ~A Gum~rland ~unty
J My ~mmission ~pires OGober 7, 2006J
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVlDUAL.-'.fAXSS
INHERITANCE TAX DIVISION "
PO BOX Z80601
HARRISBURG PA 111Z8-0601
NOTICE OF INHERITANCE TAX
APPRAISE"ENT, ALLOWANCE OR DISALLOWANCE
OF DEDUCTIONS AND ASSESS"ENT OF TAX
DATE
ESTATE OF
DATE OF DEATH
FILE NUMBER
COUNTY
ACN
JERRY A l~IGLE ESQ
WEIGLE & ASSOCS
126 EKING ST
SHIPPENSBURG PA 17257
02-21-2005
BAIRD JR
05-24-2004
21 04-0522
CUMBERLAND
101
*
REV-1S47 EX AFP <12-041
JAMES
Allount Rellitted
MAKE CHECK PAYABLE AND REMIT PAYMENT TO:
REGISTER OF WILLS
CUMBERLAND CO COURT HOUSE
CARLISLE, PA 17013
CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~
R1V :rAW.lx.AFp..rl)1.:6~'..,njT.i'ci."bF.i1iIiIRY"AiicE.T.AX.A.PPRA.isl'r€N'~.ALtotlANCE.OR.............. ...
DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX
ESTATE OF BAIRD JR JAMES FILE NO. 21 04-0522 ACN 101 DATE 02-21-2005
TAX RETURN WAS: (X) ACCEPTED AS FILED
) CHANGED
I~ an assessment was issued previously, lines 14, 15 and/or 16, 17, 18 and 19 will
re~lect ~igures that include the total o~ ALL returns assessed to date.
ASSESSMENT OF TAX:
IS. Allount of Line 14 at Spousal rate (IS)
16. Allount of Line 14 taxable at Lineal/Class A rate (16)
17. AlIOunt of Line 14 at Sibling rate (17)
18. Allount of Line 14 taxable at Collateral/Class B rate (18)
19. Principal Tax Due
TAX ITS.
RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE
APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN
1. Real Estate (Schedule A)
2. Stocks and Bonds (Schedule B) .
3. Closely Held Stock/Partnership Interest (Schedule C)
4. "ortgages/Notes Receivable (Schedule D)
S. CashIBank Deposits/Misc. Personal Property (Schedule E)
6. Jointly Owned Property (Schedule F)
7. Transfers (Schedule G)
8. Total Assets
U)
(2)
(3)
(4)
(S)
(6)
(7)
APPROVED DEDUCTIONS AND EXEMPTIONS:
9. Funeral Expenses/AdII. Costs/Misc. Expenses (Schedule H)
10. Debts/Mortgage Liabilities/Liens (Schedule I)
11. Total Deductions
12. Net Value of Tax Return
13. Charitable/Governllantal Bequestsj Non-elected 9113 Trusts
14. Net Value of Estate Subject to Tax
(9)
UO)
(Schedule J)
NOTE:
.00
.00
.00
.00
36,624.56
.00
.00
(8)
3,013.26
457.73
Ul)
(12)
(3)
(14)
.00
.00
.00
33,153.57
X 00 =
X 045 =
X 12 =
X 15 =
DATE
08-17-2004
12-15-2004
+
INTEREST/PEN PAID (-)
247.37
.00
NUMBER
CD004279
CD004739
A"OUNT PAID
4,700.00
25.67
~
TOTAL TAX CREDIT
BALANCE OF TAX DUE
INTEREST AND PEN.
TOTAL DUE
. IF PAID AFTER DATE INDICATED, SEE REVERSE
FOR CALCULATION OF ADDITIONAL INTEREST.
NOTE: To insure proper
credit to your account,
subllit the upper portion
of this forI! with your
tax paYllant.
36,624.56
3.470 99
33,153.57
.00
33,153.57
(19)=
.00
.00
.00
4,973.04
4,973.04
4,973.04
.00
.00
.00
( IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED.
IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU MAY BE DUE
A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.)
ESTATE OF JAMES BAIRD, JR.
File No. 21-04-0522
FAMILY SETTLEMENT AGREEMENT
+1
THIS AGREEMENT made this :;:2. 0 day of
, 200~;:
BETWEEN: FRANKLIN D. SOUTHERL Y and EVEL YN LOUISE
SOUTHERL Y, being the legatees under the Last Will and Testament of JAMES BAIW,
"',
JR., late of Southampton Township Cumberland, County, Pennsylvania,
AND
FRANKLIN D. SOUTHERLY, Executor of the Estate under the Last Will and
Testament of JAMES BAIRD, JR., deceased,
WHEREAS, James Baird, Jr. died May 24, 2004, intestate; and
WHEREAS, Letters Testamentary were granted to Franklin D. Southerly on
June 3, 2004, by the Register of Wills of Cumberland County, Pennsylvania; and
WHEREAS, all assets of the late James Baird, Jr. have been liquidated or
distributed and all his debts paid in full, and further the period of four months having been
terminated since the first advertisement of the issuance of Letters to the said Executor, the
said party hereto desires to waive the duty of Executor to file a First and Final Account
with Proposed Schedule of Distribution for purposes of confirmation by the Court of
Common Pleas of Cumberland County, Orphan's Court Division, AND FURTHER
desires that a Family Settlement Agreement be executed, which Family Settlement
will be duly recorded among the deed records in and for Cumberland County.
WEIGLE & ASSOCIATES, P.L - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397
J---
NOW, THEREFORE, WITNESSETH, that the party hereto, in consideration of the
premises above stated, and of the Accounting and Proposed Schedule of Distribution
attached hereto and made a part hereof, and the receipt of his distributive share as therein
shown, does mutually bind herself to the said Distribution and Accounting as set forth and
further mutually releases Franklin D. Southerly, Executor, from all claims and demands
whatsoever arising out of settlement of the Estate of James Baird, Jr..
The parties hereto do further agree that should any liability come due to the estate
of the said decedent after the signing of this agreement, they do hereby covenant and agree
with the aforesaid personal representative that they will contribute their pro rata share of
the estate to satisfy any and all claims, demands, suits, or causes of action which may be
successfully prosecuted against the said estate or the aforesaid personal representative after
the signing, sealing and delivery of this family settlement agreement and final release.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the
day and year first above written.
(- WITNESS:
(
Ct,
(SEAL)
(SEAL)
WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
COMMONWEAL TH OF PENNSYLVANIA
COUNTY OF ~
On this, the 10.:JI;J day of
SS
~
, 2005,
before me, the undersigned officer, personally appeared FRANKLIN D. SOUTHERLY
and EVELYN LOUISE SOUTHERLY, known to me (or satisfactorily proven) to be the
persons whose names are subscribed to the within instrument, and acknowledged that they
executed the same for the purposes therein contained.
TARIAL SEAL
Jerry A. Weigle, Notary Public
Shlppensburg, PA Cumberland County
My Commission Ires October 7, 2006
WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397
Court of Common Pleas of Cumberland County, Pennsylvania
Orphans' Court Division
No. 21-04-0522
Estate of James Baird Jr., Deceased
Account
Franklin D. Southerly, Executor
Date of Death:
OS/24/2004
Date of Executor's Appointment
06/03/2004
Date of First Advertisement of Letters:
06/22/2004
Accounting for the Period:
OS/24/2004
to
04/07/2005
Purpose of Account: Franklin D. Southerly, Executor, offers this account to acquaint interested parties
with the transactions that have occurred during this administration.
It is important that the account be carefully examined. Requests for additional information or questions
or objections can be discussed with:
Jerry A. Weigle, Esquire
Attorney Identification No. 01624
Weigle & Associates, P.C.
126 East King Street
Shippensburg, PA 17257
(717) 532-7388
GROSS ESTATE
(Principal Receipts + Income Receipts)
37,420.20
SUMMARY OF ACCOUNT
Estate of James Baird Jr., Deceased
For the period of Mav 24, 2004 throuah April 7. 2005
Proposed Distributions
to Beneficiaries
Paae
7
PRINCIPAL
Receipts: This Account
Net Gain (or Loss) on Sales
or Other Dispositions
1
Less Disbursements:
Debts of Decedent
Funeral Expenses
Administration Expenses
Federal and State Taxes
Commissions
Fees
Family Exemption
2
2
2-3
3
Balance Before Distributions
Transfer to (from) Principal
Distributions to Beneficiaries
4
5
Principal Balance on Hand
For Information:
Investments Made
Changes in Investment Holdings 6
INCOME
Receipts
This Account
Net Gain (or Loss) on Sales
or Other Dispositions
Less Disbursements
Balance Before Distributions
Transfer to (from) Income
Distributions to Beneficiaries
Income Balance on Hand
For Information:
Investments Made
Changes in Investment Holdings
COMBINED BALANCE ON HAND
Current
Value
7,353.54
457.73
0.00
565.95
4,725.67
0.00
2,447.31
0.00
Fiduciary
Acquisition
Value
7,353.54
37,420.20
0.00
37,420.20
8,196.66
29,223.54
0.00
21,870.00
7,353.54
0.00
0.00
0.00
0.00
0.00
0.00
0.00
7,353.54
SCHEDULE A
RECEIPTS OF PRINCIPAL
OS/24/2004
OS/24/2004
OS/24/2004
Cash
F & M Trust Checking Acct. #33-08197
F & M Trust Checking Acct. #70-30495
Accrued income on above item through date of
death
Subsequent Receipt - Allstate Insurance, auto
insurance refund
06/22/2004
07/21/2004
12/23/2004
Subsequent Receipt - Comcast refund
Subsequent Receipt - Adams Electric, final
patronage refund
Subsequent Receipt - U. S. Treasury, 2004
Federal Income Tax Refund
03/21/2005
OS/24/2004
OS/24/2004
PAr~nn::l1 PrnnArtv
1990 Ford Ranger Pick-up truck - poor condition
1993 Commodore 14x70 Mobile Home-
appraised value
1999 Buick Century V-6 4-door sedan - fair
condition
Personal property at appraised value
OS/24/2004
OS/24/2004
3.947.72
15.523.40
2.73
162.30
28.95
89.46
795.64
489.00
11.500.00
4.601.00
280.00
Total Receipts of Principal
1
Fiduciary
Acquisition
Value
20.550.20
16.870.00
37.420.20
SCHEDULE C
DISBURSEMENTS OF PRINCIPAL
Debts of Decedent
06/14/2004 Sprint 3.61
06/22/2004 Adams Electric Cooperative 31.49
07/07/2004 Adams Electric Cooperative - final billing 1.74
07/21/2004 Sprint - final billing 8.39
11/09/2004 James K. Jones, Esquire - Perkins v. Baird - 225.00
Settlement of Claim
11/24/2004 Weigle & Associates, P.C. - Perkins v. Baird - 187.50
Attorney Fee
Total Debts of Decedent 457.73
Miscellaneous Administration EXDenses
06/16/2004 Cumberland Law Journal - advertising cost 75.00
06/22/2004 Sailhamer Real Estate - appraisal fee 100.00
06/23/2004 Register of Wills, Cumberland County - Letters 111.00
Testamentary and Short Certificates
06/23/2004 Franklin Southerly - reimbursement for billing 44.45
from Beedles Flowers
07/07/2004 Dan Hershey Auctioneering - appraisal fee 25.00
07/21/2004 F & M Trust - research fee 5.00
08/25/2004 The News-Chronicle - advertising cost 84.50
09/09/2004 Register of Wills, Cumberland County - Short 3.00
Certificate
12/07/2004 Register of Wills, Cumberland County - filing PA 15.00
Inheritance Tax Return
04/07/2005 Register of Wills, Cumberland County - filing 75.00
Family Settlement Agreement
04/07/2005 Weigle & Associates, P.C. - reimbursement for 20.00
long distance telephone calls, copies & postage
04/07/2005 Weigle & Associates, P.C. - Notary fee 8.00
Total Miscellaneous Administrative Expenses 565.95
2
SCHEDULE C
DISBURSEMENTS OF PRINCIPAL
Continued
Taxes
08/17/2004 Register of Wills, Cumberland County - 4,700.00
Inheritance Tax Payment at Discount
12/13/2004 Register of Wills, Cumberland County - PA 25.67
Inheritance Tax - balance due
Total Taxes 4,725.67
Fees
12/07/2004 Weigle & Associates, P.C. 2.447.31
Total Fees 2.447.31
TOTAL DISBURSEMENTS OF PRINCIPAL 8.196.66
3
SCHEDULE D
DISTRIBUTIONS OF PRINCIPAL
Franklin D. and Evelyn Louise Southerly
06/24/2004
06/24/2004
1990 Ford Ranger Pick-up truck
1993 Commodore 14x70 Mobile Home-
appraised value
1999 Buick Century V-6 4-door sedan
Personal property at appraised value
Cash
06/24/2004
06/24/2004
12/13/2004
489.00
11,500.00
4.601.00
280.00
5,000.00
TOTAL DISTRIBUTIONS TO BENEFICIARIES
4
21.870.00
21,870.00
# Units
PRINCIPAL BALANCE ON HAND
Description
Cash
M & T Bank Estate Checking Acct.
Total Cash
5
Current Value
04/07/2005
or as Noted
7.353.54
7.353.54
7.353.54
Fiduciary
Acquisition
Value
7.353.54
7.353.54
7.353.54
SCHEDULE F
CHANGE IN INVESTMENT HOLDINGS - PRINCIPAL
# Units
1990 Ford Ranaer Pick-up truck
OS/24/2004
06/24/2004
Inventoried
Distributed
1993 Commodore 14x70 Mobile Home - appraised value
OS/24/2004 Inventoried
06/24/2004 Distributed
1999 Buick Century V-6 4-door sedan
OS/24/2004
06/24/2004
Inventoried
Distributed
Personal property at appraised value
OS/24/2004
06/24/2004
Inventoried
Distributed
Total
6
Cost
489.00
-489.00
0.00
11.500.00
-11.500.00
0.00
4.601.00
-4.601.00
0.00
280.00
-280.00
0.00
0.00
PROPOSED DISTRIBUTIONS TO BENEFICIARIES
Current
Value Fiduciary
04/07/2005 Acquisition
or as noted Value
TO: Franklin D. and Evelvn Louise Southerlv
Cash
7.353.54
7,353.54
7.353.54
7.353.54
Total
7.353.54
7.353.54
7
FRANKLIN D. SOUTHERLY, Executor of the Estate of James Baird, Jr., deceased,
hereby declares under oath (penalties of perjury) 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 now outstanding against the estate; and that all taxes presently due from the estate
have been paid.
7JVa-4 D .2,~
Franklin D. Southerly, Executor
Subscribed and sworn to by
FRANKLIN D. SOU HERL Y,
before me this day of
,2005.
NOTARIAL SEAL
JeffY to.. Weigle, Notary Public
~ifl&li'\ii~it)\ PA Cumberland County
Mt~ffils~I~!'L@<.tu October 7, 2006
'."
. ",
WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
REGISTER OF WILLS, CUMBERLAND GOUNTY
STATUS REPORT UNDER RULE 6.12
Name of Decedent: James Baird, Jr.
Date of Death: May 24, 2004
Will No.
21-04-0522
Admin. No.
Pursuant to Rule 6.12 of the Supreme Court Orphans'
Court Rules, I report the following with respect to completion of
the administration of the above-captioned estate:
1. State whether administration of the estate is complete
Yes x No
~
2. If the answer is No, state when the personal
representative reasonably believes that the administration will be
complete:
3. If the answer to No.1 is Yes, state the following:
a. Did the personal representative file a final
account with the Court? Yes No X
b. The separate Orphans' Court No. (if any) for
the personal representative's account is:
c. Did the personal representative state an
account informally to the parties in interest? Yes X No
d. Copies of receipts, releases, jOinders&nd
approvals of formal or informal accounts may be filed wit the
Cerk of the Orphans' Court and may be attached to thi re rt.
C 01 .")
Date:
April 7, 2005
Jerry A. Weigle, Esquire
Name (Please type or
WEIGLE & ASSOCIArES, P.C.
126 East King Street
Address
Shippensburg, PA 17257
( 717) 532-7388
Tel. No.
Capacity:
Personal Reoresentative
Counsel for~personal ~
representatl.ve V \
x
( ,'!JI.H: :-~ f / .:U~ 3 )