HomeMy WebLinkAbout01-09-12" 3/0, g9~ . 3~
DECEDENT'S ESTATE
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
ESTATE OF ELAINE SCHOLTEN STEPHAN ,DECEASED
No. 21-10-0249
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PETTTION FOR ADJUDICATION / ? ~,~~~, , ,
STATEMENT OF PROPOSED DISTRIBUTION ,_ °~~`'~ " ~ ~ "
PURSUANT TO Pa. O.C. Rule 6.9 ~J c-~ ~' '-"
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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 arty instrument pertinent to the adjudication.
INCL UDE ATTACHMENTS AT THE BACK OF THIS FORM.
Name of Counsel: Taylor P. Andrews, Esq.
Supreme Court I.D. No.: 15641
Name of Law Firm: Andrews and Johnson
Address: 78 W. Pomfret St., Carlisle, PA 17013
Telephone: 717 243-0123
Fax:_ 717 243-0061
Form OGO/ r¢v. !0./3.06 Page 1 of 10
Estate of ELAINE SCHOLTEN STEPHAN
1. Name(s) and address(es) of Petitioner(s):
Name: Taylor P. Andrews
address: 78 W. Pomfret St.
Carlisle, PA 17013
Deceased
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 February 28, 2010
® Letters Testamentary or ~ Letters of Administration were granted to Petitioner(s) on
March 12.2010
Date of Will (f applicable): April 18, 2005
Date(s) of Codicil(s) (f applicable): N/A
Date of probate (rf different from date Letters granted): same
Was a bond required? QYes ®No If yes, state amount:
Are proofs of advertising of the grant of Letters attached? ......... ®Yes Q No
Dates of advertising of the grant of Letters: 3/25/2010; 4/1 /2010; 4/8/2010
3/26/2010; 4/2/2010; 4/9/2010
Farm oc-oi rev. !0.13.06 Page 2 of 10
Estate of ELAINE SCHOLTEN STEPHAN
Deceased
3. Was decedent survived by a spouse? ............................. Yes mNo
If yes, name of the surviving spouse:
4. Has the surviving spouse filed to take an elective share? ............. ^Yes ^ No
(See Section 2201 et sue. of the Probate, Estates and Fiduciaries Code)
If yes, date of election:
5. In the case of an intestacy, state the names of the decedent's surviving children or
surviving issue of deceased children (rf none, so state):
6. Did decedent marry after execution of Will or Codicil(s)? ........... ^Yes m No
Were any children born to decedent after execution of
Will or Codicil(s)? ........................................... ^Yes m 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? .............................. mYes Q No
Form oc-oi rev. 10.13.06 Page 3 of 10
Estate of ELAINE SCHOLTEN STEPHAN
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:
Deceased
A. State each party's relationship to the decedent and the nature of each party's
interest(s):
Hope College
141 East 12th St., Holland, MI
49423-3607
none
/„r~res:
$20,000.00 bequest
Janet Stephan Harmon
302 Cole Dr., Huntsville, AL
35802
Daughter
1/6 of residual estate
Fo.,n oco/ rev. /0.13.06 Page 4 of 10
Estate of ELAINE SCHOLTEN STEPHAN .Deceased
in /merest
Prof. Julia D. Mahoney, Trustee Trustee for 1/3 of residual estate
for Stephan Children Trust Grandchildren
UVA Law School, 580 Massie
Rd., Charlottesville, VA 22903
See attached supplemented
sheet
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.
All recipients are sui juris
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).
None needed
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 oc-ol rev. 10.13.06 Page 5 of 10
Estate of ELAINE SCHOLTEN STEPHAN
Deceased
10. Other than the claim for the family exemption, list the names of all known claimants and
the amount of their claims and state whether each claim is admitted.
Name and Address of Each Claimant Amount of Claim Claim WrJI Claret
Admitted? Be Patd In
Full?
All claims paid ^Yes ^Yes
^No ^No
^Yes ^Yes
^No ^No
^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 mNo
Was family exemption allowed? ................................ ^Yes mNo
Family exemption claimant's name and relationship:
Name: Relationship:
Farm oc-ol rev. !0.!3.06 Page 6 of 10
Estate of ELAINE SCHOLTEN STEPHAN ,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
See Attached Supplement
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 m 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:
There are no known questions for adjudication
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.
Farm oc-ol rev. I0.I3.06 Page 7 of 10
Estate of ELAINE SCHOLTEN STEPHAN
Deceased
16. Had the decedent been adjudicated an incapacitated person? .......... ^Yes m 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 m No
18. If a reserve is requested, state amount and purpose.
Amount:
Purpose:
If a reserve is requested for counsel fees, has notice of the
amount of fees to be paid from the reserve been given to the
parties in interest? ........................................ ^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 mNo
As to real estate only? ........................................ ^Yes mNo
Form OG01 rev. 10.13.06 Page 8 of 10
Estate of ELAINE SCHOLTEN STEPHAN
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 Distribntee(s)
See Attached Schedule of Proposed Distribution
B. Principal:
Propoaed Disdtibutee(s)
AmomdProportion
AmoundProportton
Submitted By:
(All petitioners must sign.
Add additional lines if necessary):
Name
Name of Petitioner:
Taylor P. Andrews
Form oc-o! rev. /0.13.06 Page 9 of 10
Estate of ELAINE SCHOLTEN STEPHAN
Verification of Petitioner
(Verification must be by at least one petitioner.)
Deceased
The undersigned hereby verifies * [that ~i.-ne is arle
of the above-named vj~o,pomr;on 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).
Sign 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 mad nd the
responses herein.
Counsel for Petitioner
For»,oaor rrv, io.rs.o6 Page 10 of 10
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
([Jnder 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 Joumal, 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:
March 26 , Anri12, and Apri19, 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.
~, .,--
Lisa Mane Coyne, ditor
SWORN TO AND SUBSCRIBED before me this
9 da oy f Aril, 2010
8tephaa, Elaiae Soholtea, deed.
Late of West Pennaboro Town-
ship.
Executor: Taylor P. Andrews, Es-
quire, 78 West Pomfret Street,
Carlisle, PA 17013.
Attorney: Taylor P. Andrews, Es-
quire, 78 West Pomfret Street,
Carlisle, PA 17013.
~•
Notary
'` i,IOTARik;~. SEAL
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(? ~iOfGiy F'UbIIG
CAF'LISLE EOk~3, CU~F3ERL.~.PJD COllNTY
g tv9y Commission _>:pir°s Kpr 28, 2010
PROOF OF PUBLICATION
State of Pennsylvania, County of Cumberland
Tames 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 Cazlisle, 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):
March 25, Apri11 and 8, 2010
COPY OF NOTICE OF PUBLICATION
. ESTATE .,NOTICE ".
Letters of T9atamentary for the Estate of ELAINE SCHOLTEN $TEPNAN,
deceased; of West,Penneboro Township; Cumberland County: ~ ":
' Pennsylvania,: have beertgranted to mevndersigned. ~+>~ ~>.
All persons indebted to the Estate are requested to make immediatepayment,
" end those he4ing claims agpinat the Estate are requestedto present them
- forsettlemenfwithoutdelayto:
Taylor P. Andrews, Esquire, Executor
ZBWeatPomlretStreet
Carlfsle,.PA17ot3~ - _
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
are true.
Sworn to and subscribed before me this
a~
~~~ ~~
Notary Public
My commission expires:
NOTARUIL SEAL
BAMB! ANN HECKENDORN
NotMy Publk
CARLISLE BOROUGH, CUMBERLAND CNTY
My Commission Expires Jan 27, 2014
In Re: Estate of Elaine Scholten Stephan
Supplemental Pages to Petition for Adjudication
9 A.
Trustee for 1/6 of residual
Prof. Julia D.
Trustee for
Mahoney Grandchild estate
,
Adriana DeBolt Trust
UVA Law School,
580 Massie Rd.,
Charlottesville, VA
22903
Trustee for 1/9 of residual
Janet Stephan
Harmon, Trustee for Grandchild estate
Christian A. Harmon
302 Cole Dr.,
Huntsville, AL 3580
Janet Stephan Trustee for 1/9 of residual
Harmon, Trustee for Grandchild estate
Frances E. R.
Harmon
302 Cole Dr.,
Huntsville, AL 3580
Trustee for 1/9 of residual
Janet Stephan
Harmon, Trustee for Grandchild estate
J. Alexander Harmon
302 Cole Dr.,
Huntsville, AL 3580
In Re: Estate of Elaine Scholten Stephan
Supplemental Pages to Petition for Adjudication
li
n~«e Davmant Interest
6-May-10 $6,750.00 Deposit for discount
17-Aug-10 $1,403.12 Balance due on
entire estate
received at that time
11-May-11 $1,309.50 all tax due for
distribution received
from Gainsborg
Estate
19-Jul-11 $2,080.65 All tax due on
Control Account
discovered and
obtained in June
2011
22-Dec-11 ($65.41) Refund expected as
per Dept of Revenue
Appraisement
IN RE: IN THE COURT OF COMMON PLEAS OF
ESTATE OF ELAINE SCHOLTEN CUMBERLAND COUNTY, PENNSYLVANIA
STEPHAN, DECEASED
ORPHANS' COURT DIVISION
NO. 21-10-0249
SCHEDULE OF PROPOSED DISTRIBUTION
Combined Balance for Distribution
Remaining as Per First and Partial Account:
PER ITEM Third A OF WILL
TO: Hope College
141 East 12th St., Holland, MI 49423-3607
PER ITEM Third B OF WILL
TO: Janet Stephan Harmon
302 Cole Dr., Huntsville, AL 35802
TO: Prof. Julia D. Mahoney, Trustee for Stephan Children Trust
UVA Law School, 580 Massie Rd., Charlottesville, VA 22903
TO: Prof. Julia D. Mahoney, Trustee for Adriana DeBolt Trust
UVA Law School, 580 Massie Rd., Charlottesville, VA 22903
TO: Janet Stephan Harmon, Trustee for Christian A. Harmon
302 Cole Dr., Huntsville, AL 35802
TO: Janet Stephan Harmon, Trustee for Frances E. R. Harmon
302 Cole Dr., Huntsville, AL 35802
TO: Janet Stephan Harmon, Trustee for J. Alexander Harmon
302 Cole Dr., Huntsville, AL 35802
Total Distributed:
$269,663.94
$20,000.00
$41,610.66
$83,221.31
$41,610.66
$27, 740.44
$27,740.44
$27,740.44
$269,663.94
STATEMENT OF REASONS FOR THE PROPOSED DISTRIBUTION
The above distribution is proposed in accordance with the Last Will and
Testament of Elaine Scholten Stephan
Page 8 1/6/2012
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
I, Taylor P. Andrews, being duly sworn according to law, depose and say
that the facts set forth in the Statement of the Reasons for the Proposed Distribution are
true and correct.
Sworn
to and before me
~ /ar~ _, 29490~~~~
Notary
NOTARW.SEAL
SHELLY SE%TON, Notary Public
Carllele Boro, Cumberland Courny
My Commbelon Expire ApAI 28, 2015
Page 9 1/6/2012
__
IN RE:
ESTATE OF ELAINE SCHOLTEN
STEPHAN, DECEASED
ORPHANS' COURT DIVISION ~
NO. 21-10-0249 ~<_p
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FIRST AND FINAL ACCOUNT OF TAYLOR P. ANDREWS -~ --+
EXECUTOR OF THE ESTATE OF ELAINE SCHOLTEN STEPHAN
LATE OF WEST PENNSBORO TOWNSHIP,CUMBERLAND COUNTY, PENNSYLVANIA
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Date of death: Feb. 28, 2010
Letters Granted: March 12, 2010
Advertisement of Letters:
The Sentinal: March 25, April 1, 8, 2010
Cumb. Law Journal: March 26, April 2, 9, 2010
ACCOUNT STATED AS FINAL
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Purpose of Account: Taylor P. Andrews offers this account to inform interested
parties of the transactions that have occured during this administration.
Requests for additional information or questions or objections can be discussed
with: Taylor P. Andrews, Esq. 78 W. Pomfret St., Carlisle, Pa. 17013. Phone 717-243-0123
PRINCIPAL
Receipts
Less Disbursements
Balance Before Distributions
Distributions to Beneficiaries
Principal Balance Remaining
SUMMARY & INDEX
Paae No.
2
3
$310,896.31
$40,658.96
$270,237.35
$0.00
$270,237.35
INCOME
Receipts
Less Disbursements
Balance Before Distributions
Distributions to Beneficiaries
Income Balance Remaining
COMBINED BALANCE REMAINING
4
4
$125.59
$699.00
($573.41)
$0.00
($573.41)
$269,663.94
Page 1 1/6/2012
PRINCIPAL RECEIPTS
(Value as of Date of Receipt unless otherwise indicated)
Real Estate:
None
Tangible Personal Property:
Furnishings divided in kind and gifted to Green Ridge Village
Cash and Securities:
Evergreen Muni Bond Fund-Class A
DWS Investments
Lord Abbett Fund -Affiliated Fund A
Vanguard Wellesley Income Fund Inv.
Vanguard Long Term Inv-Gr Inv
Vanguard Long Term Treasury Inv
Vanguard Lifie Strategy Income Fund
Davis New York Venture Fund Class A
F&M checking account
Northwest FCU
Balance from Green Ridge account
Verizon refund
GEICO refunds
ECM Insurance refund
Pa Dept of Revenue -state income tax refund
Check from Hope College dated before dod
Initial distribution from Rosalind Gainsborg Estate
MetLife Total Control Account #4044563048
IRS refund -tax year 2009 1040 return
Total Receipts of Principal
Amount
$50,011.41
$15,544.70
$3, 949.47
$51,075.40
$10,255.63
$10,797.61
$21,283.25
$40,750.05
$3,955.08
$25,128.35
$716.29
$2.96
$246.42
$11.00
$35.00
$610.86
$30,000.00
$45,629.83
$893.00
$310,896.31
Page 2 -Principal Receipts
PRINCIPAL. DISBURSEMENTS
23-Mar-10 Checkbook charges $21.00
24-Mar-10 Egger Funeral Home $2,198.45
Register of Wills $20.00
Patricia Rosendale CPA, LLC $210.00
1-Apr-10 Andrews & Johnson reimbursements $154.27
9-Apr-10 Northwest FCU Visa $62.74
Amerigas $26.40
Ibis appraisals $150.00
Deborah Piper tax collector $4.90
12-Apr-10 Register of Wills $12.00
23-Apr-10 The Sentinel -legal ad $145.06
Green Ridge Village $2,858.54
Green Ridge Village $314.56
28-Apr-10 bank charge for returned check $10.00
5-May-10 Millennium Pharmacy Systems, Inc. $7.78
6-May-10 Register of Wills $6,750.00
7-May-10 Cumb Law Journal $75.00
28-May-10 Janet Harmon -reimburse expenses $925.54
Paul B. Stephan III -reimburse expenses $1,788.60
10-Jun-10 Andrews 8 Johnson - atty fees $2,000.00
12-Aug-10 Register of Wills -short certificate $4.00
17-Aug-10 Register of Wills Inher. Tx Rtn filing fee $15.00
Register of Wills -Inheritance tax $1,403.12
23-Aug-10 Register of Wills - Add'I probate fees $250.00
28-Sep-10 Andrews & Johnson - ally fees $2,000.00
29-Oct-10 Andrews & Johnson - ally fees $6,000.00
Taylor P. Andrews, Executor $6,000.00
11-May-11 Register of Wills -filing fee Supp Inher. tax $15.00
Register of Wills -Inheritance Tax $1,309.50
Andrews & Johnson - atty fees $900.00
Register of Wills -short certificates $8.00
19-Jul-11 Register of Wills -filing fee Supp Inher. tax $15.00
Register ofWills -Inheritance Tax $2,080.65
25-Oct-11 Register of Wills - add'I probate fee $50.00
Walnut Bottom Radiology $4.26
2-Jan-12 Andrews ~ Johnson - atty fees $2,675.00
Inheritance tax refund expected ($65.41)
2-Jan-12 Fees to file Account & Pet'n $260.00
TOTAL DISBURSEMENTS OF PRINCIPAL $40,658.96
DISTRIBUTIONS TO BENEFICIARIES
None
Page 3 -Principal dis.
INCOME RECEIPTS
Vanguard Long Term Treas Fnd -dividend $36.98
Vanguard Long Term Inv Grd Fnd -dividend $46.91
DWS Growth & Income Fnd -dividend $41.70
Total Receipts of Income $125.59
INCOME DISBURSEMENTS
7-Jun-11 PA Dept of Revenue PA-40 $19.00
Patricia Rosendale CPA, LLC $575.00
PA Dept of Revenue PA-41 $105.00
Total Disbursements of Income $699.00
Page 4 -Income In 8 Out
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND )
Taylor P. Andrews, Executor ,being duly sworn according to law, deposes and says that
the Account as stated is true and correct, and that the Grant of Letters and the first complete
advertisement thereof occurred more than four (4) months before filing of the Account,
Sworn and subs d to before me
this ~ day of Cthy~''y ZU ~ Z
TH ~ PENNSYWANIA
NoTA~iAt. s~L
SHELLY SEXTON, iaotary PubtiG
CaAlae eoro, Cumberland Cowley
MY Commission Expires April 28, 2015
Page 5
1/6/2012