HomeMy WebLinkAbout06-10-11. , - .~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
ORPHANS' COURT DIVISION
FILE NO. 21-10-67
FIRST AND FINAL ACCOUNT OF
WAYNE F. SHADE, EXECUTOR
For
ESTATE OF WILLIAM R. KENNEDY, 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:
191-28-6584
None
December 20, 2009
None
March 8, 2010
April 16, 2010
December 20, 2009 to
June 10, 2011
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. 15712
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SUl~~1VIARY OF ACCOUNT
PRINCIPAL PAGES
Receipts 3
Less Disbursements:
Debts of Decedent 3
Funeral Expenses 3
Administration Expenses 4
Federal, State & Local Taxes 5
Fees and Commissions 5
Principal Balance Remaining
INCOME
Receipts 5
Less Disbursements 5
Income Balance Remaining
COMBINED BALANCE REMAINING
Verification 6
$424.31
2,046.02
3,217.09
2,771.00
12.467.50
$0.00
0.00
$90,515.78
20925.92
$69,589.86
0.00
$69,589.86
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PRINCIPAL RECEIPTS
12/20/09 Cash $27,629.50
12/20/09 1992 Chevrolet Blazer 850.00
12/20/09 1955 Ford F-100 pick-up truck 55,000.00
12/20/09 1957 Ford Thunderbird body 6,000.00
12/20/09 Rosedale Memorial Park, Inc., 4 burial plots 595.00
1 /21 / 10 Erie Insurance Group, automobile insurance premium
refund 5.00
4/ 6/10 AAA, membership refund 30.40
4/ 14/ 10 Hemmings Motor News, subscription refund 3 7.8 8
8/ 16/ 10 Erie Insurance Group, automobile insurance premium
refund 32.00
12/ 10/ 10 Erie Insurance Group, automobile insurance premium
refund 336.00
TOTAL PRINCIPAL RECEIPTS $90,515.78
PRINCIPAL DISBURSEMENTS
DEBTS OF DECEDENT
3/ 3/10 Alexander Spring Rehab, Inc., unreimbursed medical
expense $85.84
4/26/10 West Shore EMS, ambulance service 338.47
TOTAL DEBTS OF DECEDENT $424.31
FUNERAL EXPENSES
12/28/09 Ewing Brothers Funeral Home, Inc., funeral expenses 2 046.02
TOTAL FUNERAL EXPENSES $2,046.02
-3-
ADMINISTRATION EXPENSES
1/ 6/10 J.P. Wolfe Insurance, Inc., homeowner's insurance
1 / 14/ 10 J.P. Wolfe Insurance, Inc., automobile insurance
premium on the Chevrolet Blazer
1/14/10 Register of Wills, probate
1 / 18/ 10 Comcast, TV cable
1/21/10 Register of Wills, additional probate
2/ 9/10 AT&T Mobility, cell phone
2/24/ 10 PPL, electric service
3/ 3/10 Register of Wills, additional probate
3/ 5/10 Register of Wills, additional probate
3/12/10 Grundy Worldwide, insurance on Ford pick-up
3/31 / 10 Cumberland Law Journal, advertise Letters
Testamentary
4/ 6/ 10 Grundy Worldwide, insurance premium
5/ 11 / 10 The Sentinel, advertise Letters Testamentary
7/30/10 Register of Wills, file Petition for Declaratory
Judgment
8/ 4/ 10 Erie Insurance Group, automobile insurance
11 / 1 / 10 Register of Wills, file Answer with New Matter
12/30/10 Register of Wills, file Inventory
3/ 7/11 Register of Wills, file inheritance tax return
3/ 8/11 Register of Wills, file Mutual Release
4/20/ 11 Grundy Worldwide, automobile insurance
6/ 10/ 11 Reserve for filing Account, etc.
TOTAL ADMINISTRATION EXPENSES
$3 54.00
255.00
205.50
29.03
5.00
72.98
49.67
30.00
75.00
33.00
75.00
406.75
198.16
15.00
490.00
15.00
15.00
15.00
5.00
423.00
450.00
$3,217.09
-4-
FEDERAL, STATE AND LOCAL TAXES
4/ 11 / 11 United States Treasury, 2009 income tax
TOTAL FEDERAL, STATE AND LOCAL TAXES
FEES AND COMMISSIONS
6/ 10/ 11 Wayne F . Shade, attorney fees
TOTAL FEES AND COMMISSIONS
TOTAL PRINCIPAL DISBURSEMENTS
INCOME RECEIPTS
None
TOTAL INCOME RECEIPTS
INCOME DISBURSEMENTS
None
TOTAL INCOME DISBURSEMENTS
2 771.00
$2,771.00
$12467.50
$12,467.50
0.00
$0.00
0.00
$0.00
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VERIFICATION
Wayne F. Shade, Executor of the Will of William R. Kennedy, 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: June 10, 2011
Way e F. Shade
-6-
DECEDENT' S ESTATE
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
ESTATE OF WILLIAM R. KENNEDY, DECEASED
No. 21-10-67
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: Wayne F. Shade, Esquire
Supreme Court ID: 15712
Address: 53 West Pomfret Street
Carlisle, PA 17013
Telephone: 717-243-0220
Fax: 717-249-0017
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Estate of William R. Kennedy, Deceased
1. Name and address of Petitioner:
Name: Wayne F. Shade, Esquire
Address: 53 West Pomfret Street, Carlisle, PA 17013
Identify any executors or administrators who have not joined in the Petition for
Adjudication and Statement of Proposed Distribution and Account and state reason:
None
Is this the first accounting by this fiduciary? X Yes No
If not, identify prior accountings, the accounting periods covered, and the date of
adjudication of the prior accounting.
2. Decedent died on December 20, 2009
X Letters Testamentary or Letters of Administration were granted to
Petitioner(s) on March 8, 2010
Date of Will (if applicable): April 1, 2002
Date(s) of Codicil(s) (if applicable): November 14, 2008
Date of probate (if different from date Letters granted) : March 5, 2010
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 April 8, 15, 22, 2010;
Cumberland Law Journal April 16, 23, 30, 2010
3. Was decedent survived by a spouse? X Yes No
If yes, name of the surviving spouse: Denise M. Thomas-Kennedy
4. Has the surviving spouse filed to take an elective share? X Yes No
(See ,¢2201, et seq., of the Probate, Estates and Fiduciaries Code)
-2-
Estate of William R. Kennedy, Deceased
If yes, date of election: March 2, 2010. The surviving spouse withdrew her
election to take against the Will by Mutual Release dated March 2, 201 1, and filed of
record on March 9, 2011.
5. In the case of an intestacy, state the names of the decedent's surviving children or
surviving issue of deceased children (if none, so state)
6. Did decedent marry after execution of Will or Codicil(s)? Yes X No
Were any children born to decedent after execution of
Will or Codicil(s)? Yes X No
If yes, give names and dates of birth:
Name:
Date of Birth:
7. If required by the Medical Assistance Estate Recovery Act,
62 P.S. § 1412, was a request for a statement of claim sent to
the Department of Public Welfare? X Yes No
8. Written notice of the Audit as required by Pa. O.C. Rules 6.3, 6.7 and 6.8 has been
or will be given to all parties in interest listed in item 9 below, all unpaid creditors
and all claimants listed in item 10 below. In addition, notice of any questions
requiring Adjudication as discussed in item 14 below has been or will be given to all
persons affected thereby.
A. If Notice has been given, attach a copy of the Notice as well as a list of the
names and addresses of the parties receiving such Notice.
B. If Notice is yet to be given, a copy of the Notice as well as a list of the
names and addresses of the parties receiving such Notice shall be submitted
at the Audit together with a statement executed by a Petitioner or counsel
certifying that such notice has been given.
C. If any person entitled to Notice is not sui juris (e.g., minors or incapacitated
persons), Notice of the Audit has been or will be given to the appropriate
representative on such party's behalf as required by Pa. O.C. Rule 5.2.
-3-
Estate of William R. Kennedy, Deceased
D. If any charitable interest is involved, Notice of the Audit has been or will
also be given to the Attorney General as required under Pa. O.C. Rule 5.5.
In addition, the Attorney General's clearance certificate (or proof of service
of Notice and a copy of such Notice) must be submitted herewith or at the
Audit.
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):
~vame and Address o Each Par in Interest Relationshi and Comments, i an Interest
None
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.
Name and Address of Each Claimant Amount of Claim Claim Will Claim
Admitted? Be Paid In
rucc~
None Yes _ Yes
No No
-4-
Estate of William R. Kennedy, Deceased
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 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:
'uie Pa ment Interest
None
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
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? 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.
-5-
Estate of William R. Kennedy, Deceased
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. None
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: $450
Purpose: Filing fees
If a reserve is requested for counsel fees, has notice of the
amount of fees to be paid from the reserve been given to the
parties in interest? Yes No
If so, attach a copy of the notice.
19. Is the court being asked to direct
the filing of a Schedule of Distribution? X Yes No
As to real estate only? Yes X No
Wherefore, your Petitioner asks that distribution be awarded to the parties entitled
and suggests that the distributive shares of income and principal (residuary shares being
stated in proportions, not amounts) are as follows:
A. Income:
Distributee
Amount/Proportion
-6-
Estate of William R. Kennedy, Deceased
B. Principal:
'ro osed Distributee s Amount/Pro ortion
Linda A. Kennedy Entire estate
Submitted By:
(All petitioners must sign.
Add additional lines if necessary):
Wayne .Shade, Esquire
-7-
Estate of William R. Kennedy, 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).
Wayne .Shade, Esquire
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.
G
Wayne .Shade, Esquire
Counsel
-8-
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND :
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:
April 16, Apri123, and Apri130, 2010
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.
Keaaedy, W~~ g,~ deed.
Late of Borough of Carlisle.
Executor: Wayne F. Shade, 53
West Pomfret Street, Carlisle, PA
17013.
Attorney: Wayne F. Shade, Es-
quire, 53 West Pomfret Street,
Carlisle, PA 17013.
~----
L' a Marie Coyne, E for
SWORN TO AND SUBSCRIBED before me this
da of Aril 2010
Notary
NOTARIAL SEAL
DEBORAH A COLLIN5
Notary Public
CARLISLE BOROUGH, CUMBERLAND COUNTY
My Commission Expires Apr 28, 201
PROOF OF PUBLICATION
State of Pennsylvania, County of Cumberland
Tames Kleinklaus, Director of Sales and Marketin>~, 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 13,1881, 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):
Apri18,15, and 22, 2010
COPY OF NOTICE OF PUBLICATION
EXECUTO.~ LIUTICE -
• Letters Testamentary on the Estate of WILLIAM fl. KENNEDY, late ot.351
. York=Road, Cumberland County, Pennsylvania; deceased, have been
granted to Wayne F. Shade..
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Ail persons knowing themselves to De indebted to said Estate shall n1ak9 i
paymQnt immediately, and those having claims w,ili present theh'~ fo'r `~
..settlement to:
Wayne F. Shade
53 West Pomfret Street
Carlisle, PA•1Ttlt3" . .
Wayne F, Shade, Esquire
53,VN®St Pomfret Street
::Carlisle, PA 17013
Attorney
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 character of publication
are true. .~~~'.~
Sworn to and subscribed before me this
`~~
a~~L
Notary Public
My commission expires:
NOTARIAL SEAL
6AMB1 IrNN HECKENQORN
Nohry Public
CARLfSLE BOROUGH, CUMBERLAND CNN
My Commission Expires Jan 27. 2014
IN RE: ESTATE OF
WILLIAM R. KENNEDY,
Deceased, Late of the
Township of South Middleton,
Cumberland County, Pennsylvania
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
N0.21-10-67
NOTICE OF FILING ACCOUNT AND
STATEMENT OF PROPOSED DISTRIBUTION
NOTICE is hereby given that the First and Final Account of Wayne F. Shade,
Esquire, Executor of the Estate of William R. Kennedy, 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 July 22, 201 1,
and that the same will be called for confirmation on August 23, 2011, 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: June 10, 2011
NOTICE TO:
WAYNE F. SHADE Ms. Linda A. Kennedy
Attorney at Law
53 West Pomfret Street 103 Palace Court
Carlisle, Pennsylvania
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Wayne. Shade
Attorney
l~013 ~I Chalfont, Pennsylvania 18914
IN RE: ESTATE OF : IN THE COURT OF COMMON PLEAS OF
WILLIAM R. KENNEDY, :CUMBERLAND COUNTY, PENNSYLVANIA
Deceased, Late of the :ORPHANS' COURT DIVISION
Township of South Middleton,
Cumberland County, Pennsylvania : N0.21-10-67
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. 1992 Chevrolet Blazer in kind $850.00
2. 1955 Ford F 100 pick-up truck in kind 55,000.00
3. 1957 Ford Thunderbird body in kind 6,000.00
4. Rosedale Memorial Park, Inc., 4 burial plots in kind 595.00
5. Cash 7.144.86
TOTAL $69,589.86
I, WAYNE F. SHADE, Esquire, Executor of the Estate of William R. Kennedy,
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: June 10, 2011 ~:
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AYNE
. SHADE D --1 ~ *
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Attorney at Law t~
53 West Pomfret Street ~'...~;.
Carlisle, Pennsylvania
17013