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HomeMy WebLinkAbout12-09-11G -~ -.} C7 -~ ~y -:T-7 DECEDENT'S ESTATE << -„ ~ < - 1'> ~-~'lJ K..~7 -. ' COURT OF COMMON PLEAS OF ~ ~ ~~ - :~ ,, CUMBERLAND COUNTY, PENNSYLVANIA ; ~ __~ : ~ _ T ORPHANS' COURT DIVISION ~ - - `~`' `-s=; ESTATE OF FAYE S. BITTING No. 21-09-0280 DECEASED 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: Lisa Marie Coyne Supreme Court I.D. No.: 53788 Name of Law Firm: Coyne & Coyne, PC. Address: 3901 Market Street, Camp Hill PA 17011 Telephone: 717-73 7-0464 Fax: 717-737-5161 Form OGO/ rev. /0./3.06 Page 1 of 10 Estate of FAYE S. BITTING ,Deceased 1. Name(s) and address(es) of Petitioner(s): Name: Susan F. Bartley Address: 5235 Windsor Blvd. Mechanicsburg, PA 17055 Identify any executors or administrators who have not joined in the Petition for Adjudication and Statement of Proposed Distribution and state reason: Is this the first accounting by this fiduciary? ..................... ~ Yes ^ No If not, identify prior accountings, the accounting periods covered, and the date of adjudication of the prior accounting. 2. Decedent died on March 12, 2009 /^ Letters Testamentary or ^ Letters of Administration were granted to Petitioner(s) on March 24.2009 Date of Will (if applicable): September 27, 1993 Date(s) of Codicil(s) (if applicable): N/A Date of probate (if different from date Letters granted): N/A Was a bond required? ^Yes Q 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: patriot Newsy 4/R/(19. 4/15/9 4/22/(19 Cumberland Law Journal: 4/10/09, 4/17/09, 4/24/09 Form OG01 rev. !0.13.06 Page 2 of 10 The_ ~~tr~iot-News Co. a ~ X12 Market St. ' Harrisburg, PA 17101 Inquiries - 717-255-8213 COYNE & COYNE ATTN: LISA MARIE COYNE 3901 MARKET STREET CAMP HILL PA 17011 kPR29°~ D THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequentlw efuly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. Pi9BLiCATiON COPY This ad # 0001962085 ran on-the dates shown below: April 08, 2009 April 15, 2009 April 22, 2009 ........... ,r.. .. Swor and subscribed before me this 24 day of April, 2009 A.D. Nota COM~rypNWEALTH OF PENNSYLV,q~~lq Sarah J. N final Seal Lower Paxton T 9-e. Nofary Public MY Commission -E'VP•, Dauphin Co ~%~ember, Penns Iv ~~/aPti120,2p~ v ania Assaciaticn of ~_~_- A.n_. c'~e ~latriot News NOw you know U)~L ~M APR 3 ~ ~'.%~~n 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, viz: April 10, April 17, and Apri124 2009 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, Bitting, Faye 3., decd. Late of the Borough of Camp Hill. Executrix: Susan F. Bartley c/o Lisa Marie Coyne, Esquire, Coyne & Coyne, P. C., 3901 Market Street, Camp Hill, PA 17011- 4227. Attorneys: Lisa Marie Coyne, Es- quire, Coyne & Coyne, P. C., 3901 Market Street, Camp Hill, PA 17011-4227. SW4IrN TO AND SUBSCRIBED before me this 24_day of April, 2009 Notary NOiARIA1 SEAL DEBORRi-I A COLLINS No#ary Public CP.RLISLE BORO, CUP.~I3ERLAND COUNN My Commission Expires Apr 28, 20] 0 Estate of FAYE S. BITTING _ .Deceased 3. Was decedent survived by a spouse? ............................. ^Yes Q No If yes, name of the surviving spouse: 4. Has the surviving spouse filed to take an elective share? ............. ^Yes ^ No (See Section 2201 et s_q. 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): N/A 6. Did decedent marry after execution of Will or Codicil(s)`? ........... ^Yes ~ No Were any children born to decedent after execution of Will or Codicil(s)? ........................................... ^Yes ©No If yes, give names and dates of birth: Name: Date of Birth: 7. If required by the Medical Assistance Estate Recovery Act, 62 P.S. § 1412, was a request for a statement of claim sent to the Department of Public Welfare? .............................. ©Yes ^ No FormOC-0/ rev. /0./3.06 Page 3 of 10 Estate of FAYE S. BITTING 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 OGO/ rev. l0.13.06 Page 4 of 10 SCHEDULE OF HEIItS OF THE ESTATE OF FAME S. BITTING Name and Address Relationship Interest Susan F. Bartley daughter %2 of 50% of residual estate 5235 Windsor Blvd. Mechanicsburg, PA 17055 Terry L. Bitting son '/2 of 50% of residual estate 2379 Pine Tree Terrace Kissimmee, FL 34744 Brady Bitting grandson '/4 of 50% of residual estate 251 Union Hall Road Carlisle, PA 17013 Danielle Bitting granddaughter '/4 of 50% of residual estate 85 Trevor Road York, PA 17404 Emily Bartley granddaughter '/4 of 50% of residual estate 5235 Windsor Blvd. Mechanicsburg, PA 17055 Dexter Bartley grandson '/o of 50% of residual estate 5235 Windsor Blvd. Mechanicsburg, PA 17055 Estate of FAYE S. BITTING 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. N/A 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). N/A 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. N/A Form OG01 rev. 10.13.06 Page 5 of 10 Estate of FAYE S. BITTING ,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 ofEnch Clnimnnt Amount ofClaim Clnim Will Clnim Admitted ~ Be Pnid In Full? DPW --Class 3 claim $23,320.12 DYes ~ Yes Estate Recovery Program ^No ^ No P.O. Box 8486 Harrisburg, PA 17105-8486 DPW -- Class 5.1 claim $88,626.06 Yes ^Yes Estate Recovery Program ^No ~ No P.O. Box 8486 Harrisburg, PA 17105-8486 ^Yes ^Yes ^No ^ No ^Yes ^Yes ^No ^ No If the estate is insolvent, attach a schedule setting forth the order of preference under 20 Pa.C.S. § 3392 and the proposed payments. 11. Was family exemption claimed? ................................ ^Yes ONo Was family exemption allowed? ................................ ^Yes ~No Family exemption claimant's name and relationship: Relationship: Form oc-ol rev. lo.ls.o6 Page 6 of 10 Estate of FAYE S. BITTING Deceased 12. The amount of Pennsylvania Transfer Inheritance Tax and additional Pennsylvania Estate Tax paid, the date(s) of payment(s), and the interest(s) upon which paid, are as follows: Date Payment Interest 0.00 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? ................... ^ Yes ~ No If yes, provide the name of the estate, indicate whether an account has been filed and confirmed absolutely and all awards performed, or, in the alternative, how the decedent's estate will be discharged for the decedent's fiduciary administration of the estate. 14. A. Describe in detail any questions requiring adjudication and state the position 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? .................. 0 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. Form oc-oi rev. /0.13.06 Page 7 of 10 Estate of FAYE S. BITTING Deceased 16. Had the decedent been adjudicated an incapacitated person? .......... ^ Yes ~ No If yes, attach a copy of the Order if available; otherwise state the Court, term, number, date, and name of Hearing Judge. 17. A. List or attach a separate list of additional receipts and disbursements since the closing date of the Account. B. Has notice of the additional receipts and disbursements been given to the parties identified in Paragraph 9 above? ............. ^ Yes ^ No 18. If a reserve is requested, state amount and purpose. ,__ _, 1,000.00 Furp°se For costs for final income tax returns and taxes 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? .......................... Yes ^ No As to real estate only? ........................................ Yes ~ No Form OG01 rev. 10.13.06 Page 8 of 10 Estate of FAYE S. BITTING _ ,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 Distrtbutee(s) Amount/Proportion See Attached Schedule of Distribution B. Principal: Proposed Distributee(s) Amount/Proportion Submitted By: (All petitioners must sign. Add additional lines if necessary): SU.A~-~ ~ ~q~ Name of Petitioner: Susan F. Bartley Name of Petitioner: For», oc-o/ rev. 10.13.06 Page 9 of 10 FIRST AND FINAL ACCOUNTING and SCHEDULE OF PROPOSED DISTRIBUTIONS SUSAN F. BARTLEY, EXECUTRIX for ,-~ Estate of FAYE S. BITTING Deceased ~ `~-~ =t :._3 21-09-0280 ( ^ ~ - "T'T' i j ' ~ _. , _ , .-. ~ __ __, . -_ .- -1 ~: ~ -~ ~ Date of Death: March 12, 2009 =.-~ ~ c„_1 ...._ ~, Date of Executor Appointment: 03/24/09 Date of First Complete Advertisement of Letter: Accounting for the Period: 04/08/09 3/24/09 to 12/1/11 Lisa Marie Coyne, Attorney Pa. Supreme Ct. No. 53788 COYNE & COYNE, P.C. 3901 Market Street Camp Hill, PA 17011-4227 717-737-0464 Attorney For Estate Page 1 RECEIPTS OF PRINCIPAL _ __ - - --y - Fiduciary ~ - Assets Listed in Inventory _ - - -- Acquisition ' Valued as of Date of Death -___ Value - - --- - - -__ Cash: _ -- - - - __ Sovereign Bank Acct. 0571124135 $8,735.71 NCFCU Savings Acct. 68807 _ $575.41 $9,311.12 _ ~ Receiats Subsequent to DOD: INCFU Dividends and miscellaneous receipts to NCFU accou t $291.50 -- - - 4/27/2010 - - John Hancock death benefit -policy no. M07521579 - $5,367.82 4/27/2010 -- John Hancock death benefit -policy no. M04269744 - $14,279.30 _ - 4/27/2010 John Hancock death benefit - policy no. M04269744 $1,076.53 ' 12/20/2010 Residual estate of the Estate of George W. Bitting, Jr. $2,224.70 12/20/2010 Proceeds from the sale of 824 shares of Manulife stock $13,529.91 12/20/2010 Manulife stock dividends $176.7] 11/1/2011 Pennsylvania Unclaimed property --Manulife dividends $26.10 $36 972.57 TOTAL RECEIPTS OF PRINCIPAL ~_ DISBURSEMENTS OF PRINCIPAL $46,283.69 _ Debts and Expenses- T __- -- ~ - ~ ~ -- Amount _ _ /10/2009 6/]0/2009 4/28/2009 4/28/2009 4/28/2009 4/28/2009 12/10/2010 ___ _ - _ _ - _ - - Uncleared checks Patriot News (legal ad) Cumberland Law Journal (legal ad) Manor Care -final bill Bricker House -reception for funeral Camp Hill Emergency Physicians ~ East Pennsboro Ambulance Service Register of Wills -- Inheritance Tax Filing fee _ _ _ -- $287.00 123.38 ----- - 75.00 $939.87 $262.50 $27.17 $58.00 $15.001 ' 1/5/2011 Coyne & Coyne, P.C. -- reimbursement for legal advertisement for the Estate of George W. Bitting, Jr. _. $60.00 Register of Wills--Filing Fee for Account & Confirmation $130.00 !~ TOTAL DISBURSEMENT OF PRINCIPAL: _ 1 9~~_9~ Total Receipts and Principal _ - -- - -- - $46,283.69 ----_ Total Distributions of Principal 1 977.92 ___ -_ __- ~ TOTAL NET ESTATE $44,305.77 Proposed Schedule of Final Distributions To: - 'Susan F. Bartley -- Executrix Commission _ Co ne & Co e PC -- Attorne Fees Y Yn Y - - -- - ' $1,000.00 $3,000.00 - ' __ - -- - Reserves for Costs for Final Income Tax Returns and Taxes ~- 1 0 0.00 --- $5 000.00 - --- __ -- DPW Class 3 claim -- $23,320 12 $23,320.12 DPW Class 5.1 claim (unsecured) -- $88,626.06 _ _ $15,985.65 $39 305.77 - -- _ -_- -- -- -i Te~i~cy L. Bitting -- Residual Hetr - _ $0.00 _ _ _- - - -- _ ~ Susan F. Bartley -- Residual Heir Brady Bitting -- Residual Heir - - - - $0.00 $0.00 ----- - ---- -- Danielle Bitting -- Residual Heir $0.00 -- f - --- Emily Bartley -- Residual Heir $0.00 Dexter Bartely -- Reiidual Heir 0.00, - `60.00' - - r Total Proposed Distributions: - -- - - - -- -- -.. $44,305.771 -- --- f-- - -. _ - -- _ - _ - - - - _- ~ usan art a xecutnx o t e state o a e itt~ ecease ere ec are anoath - --~ _ _ _ -- ~-- __ _ y . that she has full and fa~thfull dischar ed the duties of her office; that the fore om First and Final Account is true and correct and full d closes all the si fcant transactions oocu n dunn the _ -. g g - - accounting period; and 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 _ _ -- -- --- - -- ~have been paid. -- -- ---~t~hD.N. Susan F. Bartley ,Executrix - - - -- - ---- Sworn and subsc ~ ed before me this ~ day of ___ --- - - Notary Pu ---____ - - - - -_ - - ---- _~ _ _ - -- _ _ - -_ _ - 1 -- -- -_ - _ _ ._ - -- -- - --- ____ - - - - -;-- _._. ___ GO tiAtrlW~-~L.t'u ff~s f;uuiitl v~ ~~.r ~' ~~ - I~ _ -- - - - ii _ _ I - - - r -- _ 'P~nA~ow ed~p, ~umberl~rr _ Hsm nt . ,_ ._ ~ _ _ __ _ i_- - - --~-- - _ -_ -- ~- - _ - -- --- - --- - I --- -- _ _._ _. _ - - -- _ _ _ - - - --_ -- - - a I_ _ ___ ___ __ _ ___ _: _ _ -_ _ ____ -- -- _ - _ - _ _ _--~ - -- -- - - - --- - -- - _ - r - - _ i -- - _ - - - - --~- - t __ _ _. _ .- __ __ ___ - -- _ -~ ,, ---_ __ -- -- -- _ ~__ _ __ __ __- - - --- ---- - - -- __ _ _ - _ -- - - - _--!~ _- --- _- --- + -- -- - r -- - - I _ _- - - -- - -- -- - - --- -- _ - -- _ -- -- -, - _ y _ - - _ - - - --- - Estate of FAME S. BITTING Verification of Petitioner (Verification must be by at least one petitioner.) Deceased The undersigned hereby verifies * [that he/she she is tote Executrix of the above-named name ofcorporation Estate 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). ~ ~ ~~ 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. Si na e of Counsel for Petitioner FormOC-ol rev. io.is.oe Page 10 of 10