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HomeMy WebLinkAbout01-31-12,~ , , , ~ ~~ ~~ / ~L~ DECEDENT'S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION -~ ~W ~ :~, ~.~ r"~.l '•Y'~ '~~~ '~ q 1' V ~. '--J , ...~ .., 1 ~ ~ .~Y . 4 ';r»7 ' ~ 7 '.. 'T'i _. 'J ~7 ~ "~' .~-t ~ ESTATE OF Helen L Weigel ,DECEASED No. 21-10--0187 PETITION FOR ADJUDICATION / STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.C. RULE 6.9 This form maybe used in all cases involving the Audit of fhe Account of a Decedent's Estate. If space is insufficient, riders maybe 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: Bradley L. Griffie Supreme Court I.D. No.: 34349 Name of Law Firm: Griffie & Associates Address: 200 N Hanover Street Carlisle, PA 17013 Telephone: 717/243-5551 Fax: 7171243-5063 E-mail: bgriffie@griffielaw.com Form OC-O1 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. P89e 1 Of 1 O Estate of Helen L Weigel ,Deceased 1. Name(s) and address(es) of Petitioner(s): Name: Patsy L. Weigel address: 791 Nnrfh Mirlrllp+nn Rnarl 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? ......................................................................... ®Yes ^ No If not, identify prior accountings, the accounting periods covered, and the date of adjudication of the prior accounting. 2. Decedent died on 02/12/2010 ® Letters Testamentary or ^ Letters of Administration were granted to Petitioner(s) on 02/25/2010 Date of Will (if applicable): 04/13/2000 Date(s) of Codicil(s) (if applicable): Date of probate (if different from date Letters granted): Was a bond required? ^Yes ®No If yes, state amount: Are proofs of advertising of the grant of Letters attached? ............................ Dates of advertising of the grant of Letters: 03/04/2010 03/11/2010 03/18/2010 ® Yes ^ No 03/05/2010 03/12/2010 03/19/2010 Form OC-O1 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 Of 1 O Estate of Helen L Weigel ,Deceased 3. Was decedent survived by a spouse? If yes, name of the surviving spouse: Yes ® No 4. Has the surviving spouse filed to take an elective share? (~ Section 2201 et sic. of the Probate, Estates and Fiduciaries Code) If yes, date of election: Yes ~ No 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): NIA 6. Did the decedent marry after execution of Will or Codicil(s)? Were any children born to decedent after execution of Will or Codicil(s)? ........................................................ If yes, give names and dates of birth: Name: 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 Yes ® No Date of Birth: Yes ® No Form OC-O1 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 3 Of 'I O Estate of Helen L Weigel ,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): and Address of Patsy L. Weigel 721 North Middleton Road Carlisle, PA 17013 Daughter (Petitioner, Executrix and sole heir) 100% Interest Form OC-O1 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 4 Of "I O Estate of Helen L Weigel ,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. None C. State why a Petition for Guardian/Trustee Ad Litem has or has not been filed for this Audit (~ PA. O.C. Rule 12.4). NIA 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-O1 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 5 Of 1 O Estate of Helen L Weigel ,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 Admitted? Will Claim Be Paid in Full? Above Attachment Total 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? .......................................................................................... ®ves ^ No Was family exemption allowed? .......................................................................................... ®ves ^ No Family exemption claimant's name and relationship: Name: Patsy L. Weigel Relationship: Daughter Form OC-O1 Rev. f0-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page Fi Of 'I O Estate of Helen L Weigel ,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 05/11/2010 20,307.12 -1,068.80 11 /12/2010 5,899.99 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: 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. Form OC-O1 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page ~ Of 'I O Estate of Helen L Weigel ,Deceased 16. Had the decedent been adjudicated an incapacitated person? ........................................... ^ Yes ® IVo If yes, attach a copy of the Order if available; otherwise state 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. Date Description Amount None B. Has notice of the additional receipts and disbursements been given to the parties identified in Paragraph 9 above? ................................................... ^ Yes ® IVo 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 ® IVo If so, attach a copy of the notice. 19. Is the Court being asked to direct the filing of a Schedule of Distribution? ................................................................................ ^ Yes ® IVo As to real estate only? ......................................................................................................... ^ Yes ^ IVo Form OC-O1 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page H Of 1 O Estate of _ Helen L Weigel ,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 Distributee(s) Amount Proportion Patsy L. Weigel 100% B. Principal: Proposed Distributee(s) Amount Proportion Patsy L. Weigel 100% Submitted By: (All petitioners must sign. Add additional lines if necessary): `~ Name of etitioner: atsy L. Weigel Name of Petitioner: Name of Petitioner: Form OC-O~ Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 9 of 10 Estate of Helen L Weigel ,Deceased Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that nersne is rise of the above-named nameofcorporation 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). f'_ ~u~ ,~ ~ , .,~ ~' r_~. ~ . Signat a of Petitioner Patsy L. Weigel Signature of Petitioner 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. of Counsel for Petitioner ley L. Griffie Form OC-O1 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 1 O Of 1 O In re: IN THE COURT OF COMMON PLEAS OF THE 39th JUDICIAL DISTRICT, CUMBERLAND COUNTY BRANCH, PENNSYLVANIA Estate of Helen L. Weigel, :ORPHAN'S COURT DIVISION late of North Middleton Township No. 2010-00187 Cumberland County, Pa., deceased PA No. 21-10-0187 FIRST AND FINAL ACCOUNT OF Patsy L. Weigel, Executrix Estate of Helen L. Weigel late of North Middleton Township, Cumberland County Pennsylvania, deceased CERTIFICATE OF CLERK The above Account was filed on , 2012, last advertised March 19, 2010, according to law, and is presented herewith to the Court of Common Pleas, Orphans' Court Division for confirmation. Date Clerk ORDER OF COURT 2012, no exceptions or objections having been filed to the account or to the proposed schedule of distribution, the within account and schedule of distribution are confirmed and distribution is directed in accordance with the schedule of distribution. BY THE COURT, J. Date of Death: February 12, 2010 Gross value of estate: $623,995.13 Distribution amount of estate: $440,691.90 Last advertising: March 19, 2010 In re: Estate of Helen L. Weigel, late of North Middleton Township Cumberland County, Pa., deceased IN THE COURT OF COMMON PLEAS OF THE 39t" JUDICIAL DISTRICT, CUMBERLAND COUNTY BRANCH, PENNSYLVANIA ORPHAN'S COURT DIVISION No. 2010-00187 PA No. 21-10-0187 DATE OF DEATH: February 12, 2010 LETTERS GRANTED: February 25, 2010 FIRST COMPLETE ADVERTISEMENT March 5, 2010 OF GRANT OF LETTERS DISTRIBUTION OF ESTATE INCLUDED 1N ACCOUNTING DISTRIBUTION AMOUNT IS $440,691.90 GROSS VALUE OF ESTATE IS: $623,995.13 ACCOUNTING FOR THE PERIOD February 25, 2010 through January 15, 2012 Purpose of the Account: Patsy L. Weigel, Executrix, offers this accounting to acquaint interested parties with the transactions that have occurred during her administration. The Account also indicates the proposed distribution of the Estate. It is important that the Account be carefully examined. Requests for additional information, questions or objections can be discussed with: Bradley L. Griffie, Esquire Attorney for Petitioner 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 n ~. ~-- ~.; ._ ~ ±L'" ~~ ~ ~ ~ ~l\~ :~ .. ~ ~-.... ._.5.. __ ~~ r ` ~i ~~ 2 PRINCIPAL ASSETS RECEIVED REAL ESTATE 1. 302 Wildwood Road $220,000.00 Carlisle, Pennsylvania Upper Frankford Township Subtotal $220,000.00 STOCKS AND BONDS: 1. Banco Santander, N.A. $ 868.61 66.004 shares valued at 13.16 per share 2. United States Savings Bonds 89.14 L26100022 EE, dated August 30, 1986 ($50.00) Subtotal $ 957.75 CASH AND BANK DEPOSITS• L M&T Bank Certificate of Deposit No. 31003915940471 $ 5 639.82 2. M&T Bank Checking Account No. 2676044049 8,954.30 3. Members 1St Federal Credit Union Regular Savings Account No. 4309500 2,364.41 4. Adams Electric Cooperative Estate Retirement payout 209.03 5. Adams Electric Cooperative Estate Retirement payout 698.13 6. Sovereign Bank Checking Account No. 0311092543 1 145.29 7. Internal Revenue Service 2009 Personal income tax refund 68.00 Subtotal $ 22,353.98 3 PERSONAL PROPERTY AND VEHICLES: 1. 2003 Saturn L200 Sedan $ 3.275.00 Subtotal $ 3,275.00 JOINTLY HELD PROPERTY DOD Value Value of DecedenPs Interest (a ll held jointly with Patsy L. Weigel) 1. United States Savings Bonds $ 55,370.33 $ 27,685.17 (See attached sheet) 2. Members 1St Federal Credit Union 6,438.77 3,219.39 Certificate of Deposit No. 43095-41 3. Members 1St Federal Credit Union 17,594.62 8.797.31 Certificate of Deposit No. 43095-42 4. Orrstown Bank 10,030.20 5,015.10 Certificate of Deposit No. 4000028033 5. Orrstown Bank 104,031.25 52,015.63 Certificate of Deposit No. 4000029434 6. Sovereign Bank, N.A. 44,619.32 22,309.66 Certificate of Deposit No. 2985543110 Subtotal $119,042.26 INTER-VIVOS TRANSFERS: 1. Members 1st Federal Credit Union. $ 8,024.21 Certificate of Deposit No. 43095-43 (Transferee-Patsy L. Weigel, 11/4/09) 2. Sovereign Bank 13,008.06 Money Market Account No. 1674063997 (Transferee-Patsy L. Weigel, 7/29/09) 3. Sovereign Bank 10,392.03 Certificate of Deposit No. 2895546899 (Liquidated within 12 months of death) 4 4. Sovereign Bank 82,493.15 Certificate of Deposit No. 2895461834 (Liquidated within 12 months of death) Subtotal $ 113,917.45 ADDITIONAL RECEIPTS: 1. Nationwide Insurance Auto Insurance premium refund 66.8? 2. West Shore pathology Refund of overpayment 38.92 3. Masland Associates Refund of overpayment 10.00 4. Guardian Long Terms Care Pharmacy Refund of overpayment 39.67 5. Dr. Richard H. Jeffries, O.D. Refund of overpayment 10.00 Subtotal $ 165.46 NON-PROBATE ASSETS: 1. Western National Life Insurance Co.. $ 144,243.23 Annuity No. VV217097 Subtotal $ 144,243.23 GAINS AND LOSSES ON LIQUIDATIONS AND OTHER DISPOSITIONS LOSSES/COSTS: 1. Members 1St Fees before liquidation $ - 7.67 2. Banco Santander liquidation fees - 4.90 $ -12.57 5 GAINS: 1. M&T Certificate of Deposit. $ 2 32 2. M&T Checking 1,246.19 $ 1,248.51 Subtotal $ 1,235.94 INTEREST ACCRUED ON ESTATE CHECKING ACCOUNT: None Subtotal $ 0.00 Total Principal of Estate with Adjustments $ 625,191.07 DISBURSEMENTS OF PRINCIPAL DEBTS OF DECEDENT• 1. West Shore EMS $ 117.58 2. West Shore pathology 19.81 3. Guardian Long Term Care Pharmacy 98.33 4. Forest Park Health Center 30.00 5. Graham Medical Clinic 27 78 6. Graham Medical Clinic 27.95 7. Nationwide Insurance Co. 86 87 8. Alliance One Receivables Management, Inc. 129.57 9. Pennsylvania Department of Revenue 284.00 (Personal tax return 2009) Subtotal $ 821.89 6 FUNERAL EXPENSES: 1. Egger Funeral Home $ 860.94 Subtotal ADMINISTRATIVE EXPENSES AND COSTS: 1. Attorneys fees to Griffie & Associates $ 6,500.00 2. Probate fees 613.50 3. Advertising-Cumberland Law Journal 75.00 4. Advertising-The Sentinel 187.54 5. Family Exemption 3,500.00 6. Sovereign Bank-processing fees 20.00 7. Steven Barrett Appraisals (Real Estate) 450.00 8. Orrstown Bank (Bank fees) 11.45 9. Refund of annuity overpayment to Union Central Life Ins. Co. 371.22 10. Refund of pension overpayment to PSERS 537.29 1 1. Wagners Tax Service (2009 Personal Taxes) 100.00 Subtotal TAXES: Pennsylvania Inheritance Tax $ 27,275.91 Discount for pre-payment -1,068.80 Subtotal Total Disbursement of Principal $ 860.94 $ 12,366.00 $26,207.11 $ 40,255.94 PRIOR IN KIND DISTRIBUTIONS 1. Non-Probate Asset distributed to named beneficiary $ 144,243.23 Western National Life Insurance Co. Annuity No. VV217097 Subtotal $ 144,243.23 7 Total Principal of Estate with Adjustments $ 625,191.07 Less Disbursements of Principal - $ 40, 255.94 Less Non-Probate Distributions - $ 144 243.23 TOTAL NET ASSETS/PROCEEDS AVAILABLE FOR DISTRIBUTION TOTAL PROPOSED DISTRIBUTIONS TO TESTAMENTARY BENEFICIARIES AFTER ACCOUNT CONFIRMATION None Total Share of Distribution $ 440,691.90 $ 440,691.90 $ 440,691.90 100% TOTAL PROPOSED DISTRIBUTION OF $ 440,691.90 PRINCIPAL AND INCOME: Patsy L. Weigel, Executrix of the Estate of Helen L. Weigel, deceased, hereby declares under oath that she has fully and faithfully discharged the duties of her office; that the foregoing First and Final Account and Schedule of Distribution 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 now outstanding against the Estate; and that all taxes presently due from the Estate have been paid. ,~ ~ f ~/ Patsy .Weigel, Executrix Swdrn and s~scribed before me NOTARIAL SEAL This,jL1~ day of~~~ 201 ROBIN,i. BASSETT, Notary Public CARLISLE Bi>RQUGH, CUMBERLAND CO. Commis+~r~ Expires Apr. 17, 2015 I hereby certify that written notice of the filing }of this Account, and of the date, time and place when the same will be presented to the Court for confirmation and of the last day to file written objections to said Account, has been given to every unpaid claimant and to every other person known to the accountant to have or claim an interest in the estate as creditor, beneficiary, heir, or next of kin. . Grif ,Esquire