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HomeMy WebLinkAbout07-21-11 DECEDENT' S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF JOHN J. SPICKLER, JR., DECEASED No. 21-10-922 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 n _„ ., , •~ _~~~ _-. ~' ~ ~.>, Supreme Court ID: 15712 ;~ ~ r - < Address: 53 West Pomfret Street ~ r' ~, , Carlisle, PA 17013 ._ ~ , ~~ n Telephone: 717-243-0220 ~~, ~,, ; r Fax: 717-249-0017 , ~~ ~,~, ~ ~; Estate of John J. Spickler, Jr., Deceased 1. Name and address of Petitioner: Name: Joanne Meiskey Address: 48 South 8th Street Columbia, PA 17512 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 August 29, 2010. X Letters Testamentary or Letters of Administration were granted to Petitioner on September 7, 2010. Date of Will (if applicable): February 1, 2006. Date(s) of Codicil(s) (if applicable): Date of probate (if different from date Letters granted): 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 September 11, 18 and 25, 2010; Cumberland Law Journal October 1, 8 and 15, 2010 3. Was decedent survived by a spouse? Yes X No If yes, name of the surviving spouse: -2- Estate of John J. Spickler, Jr., Deceased 4. Has the surviving spouse filed to take an elective share? Yes No (See X2201, et seq., of the Probate, Estates and Fiduciaries Code) If yes, date of election: 5. In the case of an intestacy, state the names of the decedent's surviving children or surviving issue of deceased children (f none, so state): None 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. -3- Estate of John J. Spickler, Jr., Deceased 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. ifanv lntere.ct Joanne Meiskey Niece Half of residue 48 South 8th Street Columbia, PA 17512 Jean Smith Niece Half of residue 1301 Manor Street Columbia, PA 17512 Sharon Misal Niece Jewelry in kind 812 Walnut Street Columbia, PA 17512 First United Church of Christ None $5,000.00 30 North Pitt Street Carlisle, PA 17013 Bosler Free Library None Books 15 8 West High Street Carlisle, PA 17013 -4- Estate of John J. Spickler, Jr., 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. 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? None Yes Yes No No If the estate is insolvent, attach a schedule setting forth the order of preference under 20 Pa.C.S. §3392 and the proposed payments. 11. Was family exemption claimed? Yes X No Was family exemption allowed? Yes No Family exemption claimant's name and relationship: Name: Relationship: -5- Estate of John J. Spickler, Jr., 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: Jate Pa ment Interest November 3, 2010 $16,000.00 April 26, 2011 $3,241.28 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: B. Has notice of the question requiring adjudication been given to the parties identified in Paragraph 9 above? X Yes No 15. If Petitioner(s) has/have knowledge that a share has been assigned, renounced, disclaimed or attached, provide a copy of the assignment, renunciation, disclaimer or attachment, together with any relevant supporting documentation. 16. Had the decedent been adjudicated an incapacitated person? Yes X No If yes, attach a copy of the Order if available; otherwise state the court, term, number, date and name of hearing judge. -6- Estate of John J. Spickler, Jr., Deceased 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.• $450.00 Purpose: Filing Account, etc. If a reserve is requested for counsel fees, has notice of the amount of fees to be paid from the reserve been given to the parties in interest? Yes No If so, attach a copy of the notice. 19. Is the court being asked to direct the filing of a Schedule of Distribution? X Yes No As to real estate only? Yes X No Wherefore, your Petitioner(s) ask(s) that distribution be awarded to the parties entitled and suggest(s) that the distributive shares of income and principal (residuary shares being stated in proportions, not amounts) are as follows: A. Income: 'ro osed Distributee s Amount/Pro onion None -7- Estate of John J. Spickler, Jr., Deceased B. Principal: Proposed Distributee(s) Amount/ProDOrtion Joanne Meiskey One-half Jean Smith One-half First United Church of Christ $5,000.00 Submitted By: (All petitioners must sign. Add additional lines if necessary): Date: July / 9 , 2011 .~.-~.~~ ' oanne Meiskey E~ ~ ~~ - "x -8- Estate of John J. Spickler, Jr., 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). Qom.-~.,.ti~..~~ oanne Meiskey ~-,~ ~.~., r - ~ x 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. Wayne .Shade, Esquire Counsel for Petitioner -9- 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, vlz: October 1, October 8, and October 15, 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. Marie Coyne, SWORN TO AND SUBSCRIBED before me this 15 of October, 20 i 0 ~/ f~~= G~J~..G~ Notary Spickier, John J., Jr., deed. Late of 3 Far View Avenue, Car- lisle. Executrix: Joanne Meiskey, 48 South 8th Street, Columbia, PA 17512. Attorney: Wayne F. Shade, Es- quire, 53 West Pomfret Street NOTARIAL SEAL DEBORAH A COLLINS , Carlisle, PA 17013. Notary Public CARLISIf BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland James Kleinklaus, Director of Sales and Marketing 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): September 11, September 18 and September 25 2010 COPY OF NOTICE OF PUBLICATION EXEC~TRICE!g NO_ TICE Letters Testamentary on the Estate of JOHN J. SPICKLER, JR.; late. of 3 Far View Avehue; Carlisle, Cumberland County`, Pannsylvania, Deceasad, have been granted to Joanne Meiskey. All persons. khowing themselves to be indebted to said Estate shall make payment immediately, and those having claims will present them for ' settlement to: Joanne Meiskey 48 South,8th Street Columbia, PA 17512 Wayne F. Shade, Esquire ~ 53 West Pomfret Street Carlisle, PA 17013 Attorney Sworn to and subscribed before me this ~~ o~ . ,~~ ~~ Notary Public My commission expires: NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTv My Commission Exp ~ Jar, 2,' 2C~1 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 IN RE: ESTATE OF : IN THE COURT OF COMMON PLEAS OF JOHN J. SPICKLER JR., :CUMBERLAND COUNTY, PENNSYLVANIA Deceased, Late of the :ORPHANS' COURT DIVISION Township of Middlesex, Cumberland County, Pennsylvania : N0.21-10-922 NOTICE OF FILING ACCOUNT AND STATEMENT OF PROPOSED DISTRIBUTION NOTICE is hereby given that the First and Final Account of Joanne Meiskey, Executrix of the Estate of John J. Spickler, Jr., 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, 2011, 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: July 18, 2011 Wayn .Shade Attorney for Accountant WAV1~tE F. SHADE Attorney a[ Law S3 West Pomfret Street Carlisle, Pennsylvania 17013 NOTICE TO: Joanne Meiskey 48 South 8th Street Columbia, PA 17512 Jean Smith 1301 Manor Street Columbia, PA 17512 First United Church of Christ 30 North Pitt Street Carlisle, PA 17013 Ms. Sharon Misal 812 Walnut Street Columbia, PA 17512 Bosler Free Library 158 West High Street Carlisle, PA 17013 WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 ~~ i ~~ c~ i~ r~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA ORPHANS' COURT DIVISION FILE NO. 21-10-922 FIRST AND FINAL ACCOUNT OF JOANNE MEISKEY, EXECUTRIX For ESTATE OF JOHN J. SPICKLER, JR., 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: 160-OS-6234 27-6805563 August 29, 2010 None September 7, 2010 October 1, 2010 September 7, 2010 to June 16, 2011 Purpose of Account: The Executrix 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 n ..._ -, ~-- _ ~,; c ~~ ~ .~ rn r.;; ~ .. `-~ C~ ~ c -7-. _. `~~ SUMMARY OF ACCOUNT PRINCIPAL PAGES Receipts 3 Less Disbursements: Debts of Decedent 4 Funeral Expenses 4 Administration Expenses 5 Federal, State & Local Taxes 5 Fees and Commissions 6 Balance before Distributions Distributions to Beneficiaries 6 Principal Balance Remaining INCOME Receipts 6 Less Disbursements 6 Income Balance Remaining COMBINED BALANCE REMAINING Verification 8 $5,261.76 778.22 2,314.95 19,241.28 8,000.00 $29.31 0.00 $156,002.73 35,596.21 $120,406.52 104260.00 $16,146.52 29.31 $16,175.83 -2- PRINCIPAL RECEIPTS 9/ 1/10 Lincoln National Life Insurance Company, retirement $341.68 payment 9/ 3/10 The Sentinel, refund of unused subscription 8.48 9/ 7/10 Cash 161.17 9/ 7/10 Conestoga Memorial Park, 2 burial lots listed in memorandum form at no value 9/ 8/10 M&T Bank, savings account # 15004200944351 35,465.88 9/ 8/10 M&T Bank, savings account # 25004920103005 200.04 9/ 8/10 M&T Bank, checking account # 439290 6,560.96 9/ 8/10 M&T Bank, savings account # 25004920035844 400.08 9/ 8/10 Shipley Energy, refund of unused fuel oil account 506.21 9/16/10 AAA, membership refund 43.75 9/27/10 Conexis, COBRA credit balance refund 4.21 9/28/10 Highmark Blue Shield, refund of unused premium 691.54 9/29/ 10 Hoffman-Roth Funeral Home & Crematory, Inc., refund 100.00 of overpayment of funeral expenses 10/ 1/10 Kemper, refund of unused premium 665.00 10/18/10 Miscellaneous books 420.00 10/21/10 1995 Chevrolet Lumina 1,650.00 10/21/10 Household contents 335.00 11/13/10 Rowe's Auction Service, net proceeds of public auction 388.60 of personal property 1/28/11 Republic Services, Inc., refund of trash removal 48.75 -3- 2/25/11 Net proceeds of sale of house and lot of ground known 107,485.77 and numbered as 3 Far View Avenue, Carlisle, Cumberland County, Pennsylvania, valued in accordance with the net proceeds of sale thereof to an unrelated third party 3/ 7/11 PPL, electric service refund 19.21 3/ 7/11 Guardian Transfer Corp., real estate tax escrow refund 137.68 3/ 7/11 Kemper, refund of unconsumed homeowner's insurance 269.00 premium 3/24/11 The Patriot-News, subscription refund 74.72 4/ 19/ 11 Cumberland Star Masonic Lodge, membership refund 25.00 TOTAL PRINCIPAL RECEIPTS $156,002.73 PRINCIPAL DISBURSEMENTS DEBTS OF DECEDENT 9/ 1/10 Conexis, COBRA credit balance $4.21 9/14/10 Home Instead Senior Care, in-home care 4,675.59 9/14/10 CenturyLink, telephone service 44.38 9/ 14/ 10 PPL, electric service 68.3 8 9/14/10 Calaman's Lawn Service, lawn care 116.60 9/20/10 Lincoln Financial Group, pension reimbursement 341.68 10/ 7/10 Formprest Cleaners, laundry services 10.92 TOTAL DEBTS OF DECEDENT $5,261.76 FUNERAL EXPENSES 9/14/10 Hoffman-Roth Funeral Home & Crematory, Inc., funeral service $778.22 TOTAL FUNERAL EXPENSES $778.22 -4- ADMINISTRATION EXPENSES 9/ 8/10 Cumberland Law Journal, advertise Letters Testamentary $75.00 9/10/10 Wayne F. Shade, Esquire, reimbursement for probate 323.50 9/14/10 Weaver Memorials, Inc., tombstone engraving 145.00 10/ 7/10 PPL, electric service 13.32 10/ 7/10 CenturyLink, telephone service 69.63 10/ 8/10 The Sentinel, advertise Letters Testamentary 198.16 11/ 3/10 PPL, electric service 22.09 11/23/10 Shipley Energy, fuel oil 194.45 12/ 8/10 PPL, electric service 8.47 12/ 8/10 York Waste Disposal, trash removal 48.75 12/23/10 York Waste Disposal, trash removal 48.75 1/ 6/11 PPL, electric service 12.34 1/21/11 Dillsburg Septic, septic system pumping and inspection 263.00 2/ 2/11 Shipley Energy, fuel oil 409.49 2/ 2/11 PPL, electric service 18.00 4/20/11 Register of Wills, file inheritance tax return 15.00 6/16/11 Register of Wills, reserve for filing Account, etc. 450.00 TOTAL ADMINISTRATION EXPENSES $2,314.95 FEDERAL, STATE AND LOCAL TAXES 11/ 3/10 Register of Wills, estimated inheritance tax $16,000.00 4/20/11 Register of Wills, inheritance tax 3.241.28 TOTAL FEDERAL, STATE AND LOCAL TAXES $19,241.28 -5- FEES AND COMMISSIONS 6/16/11 Wayne F. Shade, Esquire, attorney fee $8,000.00 TOTAL FEES AND COMMISSIONS $8,000.00 TOTAL PRINCIPAL DISBURSEMENTS $35,596.21 PRINCIPAL DISTRIBUTIONS TO BENEFICIARIES 10/18/10 Bosler Library, miscellaneous books $420.00 10/21/10 Jean Smith, miscellaneous personal property, in kind 1,920.00 10/21/10 Joanne Meiskey, miscellaneous personal property, in 65.00 kind 3/ 4/11 Jean Smith, cash 50,000.00 3/ 4/11 Joanne Meiskey, cash 51,855.00 6/16/11 Joanne Meiskey, 2 burial plots listed in memorandum 0 form at no value TOTAL PRINCIPAL DISTRIBUTIONS TO $104,260.00 BENEFICIARIES INCOME RECEIPTS 9/ 8/10 M&T Bank, checking account # 439290, interest $.02 9/ 8/10 M&T Bank, savings account # 15004200944351, interest .87 6/16/11 Orrstown Bank, interest on savings account # 108008192 28.42 TOTAL INCOME RECEIPTS $29.31 INCOME DISBURSEMENTS None TOTAL INCOME DISBURSEMENTS None -6- INCOME DISTRIBUTIONS TO BENEFICIARIES TOTAL INCOME DISTRIBUTIONS TO BENEFICIARIES None None -7- VERIFICATION JOANNE MEISKEY, Executrix of the Will of John J. Spickler, Jr., Deceased, hereby declares under oath that she has fully and faithfully discharged the duties of her 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 her 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: July / ~, 2011 . oanne Meiskey ~-x ~ ~~ ~ r ~-~ X -8-