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HomeMy WebLinkAbout03-23-12:~~~,~ ~ ~l .~~c; j DECEDENT'S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF HARRY C. GOLDBY No. 2011-1.045 n - , ~ „T~ ;, . >m ~.., ~_ ~~ 1 .. c.: ~"~o 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. INCL UDE ATTACHMENTS AT THE BACK OF THIS FORM. Name of Counsel: THOMAS E. FLOWER Supreme Court LD. No.: 83993 Name of Law Firm: FLOWER LAW, LLC Address: 10 W. HIGH STREET, CARLISLE, PA 17013 Telephone: (717) 243-5513 Fax: (7171241-4021 Form OC-Ol rev. !0.13.06 Page 1 of 10 Estate of HARRY C. GOLDBY 1. Name(s) and address(es) of Petitioner(s): Name: PATRICIA A. ROSENDALE, CPA Address. 255 HICKORY ROAD 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: 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 09/26/201 1 Letters Testamentary or Letters of Administration were granted to Petitioner(s) on 10/04/2011 Date of Will (if applicable): 09/22/2008 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 ~ 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: OCTOBER 10, 17 & 24, 201 1 (Sentinel), and OCTOBER 14, 21 & 28, 2011 (Cumb. Law Journal Form oc-oi rev. ~o. i3.o6 Page 2 of 10 Estate of HARRY C. GOLDBY Deceased 3. Was decedent survived by a spouse? ............................. ~ Yes ~ 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 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 (f none, so state): 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)? .................... © es ®No .. .................... Y 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? .............................. 0 Yes No Form OC-0/ rev. 10.13.06 Page 3 of ] 0 Estate of HARRY C. GOLDBY Deceased 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 I O 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. [n 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 oc-oi rev. ~0.~3.06 Page 4 of ] 0 HARRY C. GOLDBY ESTATE PETITION FOR ADJUDICATION CONTINUATION TO ITEM 9.A. SPECIFIC PRE-RESIDUARY LEGACIES: KATHLEEN S. NERANGIS & NICK NERANGIS (NIECE & SPOUSE) $10,000 (PAID) 2900 DEER HAVEN PL. WINCHESTER, VA 22602 CHARLES THOMAS BUTLER & ROBYN BUTLER (NEPHEW & SPOUSE) $10,000 (PAID) 1 LOOKOUT POINT PHIPPSBURG, ME 04562-4327 LISA NERANGIS LIMOGES (GRANDNIECE) $2,000 (PAID) 139 CAHILLE DR. WINCHESTER, VA 22602 NICK NERANGIS (GRANDNEPHEW) $2,000 (PAID) 1046 HETH PL. WINCHESTER, VA 22601 STEPHEN NERANGIS (GRANDNEPHEW) $2,000 (PAID) 179 GREAT LAUREL SQ. LEESBURG, VA 20175 WENDY BUTLER CURTIS (GRANDNIECE) $2,000 (PAID) 5707 27TH RD. NORTH ARLINGTON, VA 22207 TODD BUTLER (GRANDNEPHEW) $2,000 (PAID) 13740 MAGNOLIA LAKE CT. FT. MYERS, FL 33907 CUMBERLAND COUNTY HISTORICAL SOCIETY (CHARITY) $2,500 (PAID) 21 N. PITT ST. CARLISLE, PA 17013 MUSICAL ARTS CLUB OF CARLISLE (CHARITY) $2,500 (PAID) 1314 GEORGETOWN CIR CARLISLE, PA 17013 J. HERMAN BOSLER MEMORIAL LIBRARY (CHARITY) $5,000 (PAID) 158 W. HIGH ST. CARLISLE, PA 17013 RESIDUARY: 25% TO EACH OF FOUR NAMED CHARITIES: (1) CARNEGIE INSTITUTE OF PITTSBURGH, 4400 FORBES AVE., PITTSBURGH, PA 15213; (2) WESTERN PA SCHOOL FOR THE BLIND, 201 N. BELLEFIELD AVE., PITTSBURGH, PA 15213; (3) PHIPPS CONSERVATORY, ONE SCHENLEY PARK, PITTSBURGH, PA 15213; (4) PITTSBURGH HISTORY & LANDMARKS FOUNDATION SCHOLARSHIP FUND, 100 W. STATION SQUARE, SUITE 450, PITTSBURGH, PA 15219. Estate of HARRY C. GOLDBY NONE. Deceased 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: ALL PARTIES ARE SUI JURIS. 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. /0.!3.06 Page S Ofd ~ 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. Estate of HARRY C. GOLDBY 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 Will Claim Admitted? Be Paid In Full? NONE. Yes ~ Yes ~No ~ No Yes Yes ~No No Yes Yes No No Yes ~ Yes ONo ~ 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. 1 l . Was family exemption claimed? ................................ Yes ®No Was family exemption allowed? ................................ ®Yes ~No Family exemption claimant's name and relationship: Name: Relationship.' Form oc-ol rev, /0.13.06 Page 6 of 10 Estate of HARRY C. GOLDBY 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 12/21/2011 18,713.84 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 ~ 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-ol rev. l 0.13.06 Page 7 of l 0 Estate of HARRY C. GOLDBY 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. DISBURSEMENT: REGISTER OF WILLS, ACCOUNT FILING FEE 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. d.»n,~.,r J,oo O.oo tarp°se: TO COVER THE FILING FEE STATED AT #l7 AND ANY UNANTICIPATED AND LATE-ARRIVING CLAIMS, SUCH AS MEDICAL BILLS. (ALL KNOWN CLAIMS, MEDICAL AND OTHERWISE, HAVE BEEN PAID.) 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? ................ ® es ® o ........................ 'Y N F~°rmoc-oi rev. lo.r3.o6 Page 8 of 10 Estate of HARRY C. GOLDBY 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 SEE FOUR (4) RESIDUARY BENEFICIARIES 25% EACH LISTED ON PAGE ATTACHED TO ITEM 9.A. B. Principal: Proposed Distributee(s) Amount/Proportion SEE FOUR (4) RESIDUARY BENEFICIARIES 25% EACH LISTED ON PAGE ATTACHED TO ITEM 9.A. Submitted By: (All petitioners must sign. Add additional lines if necessary): t..~`~. ~ ~~ ~~,~.___.. Name of Petitioner: pATRICIA A. ROSENDALE, ~ Name of Petitioner: Form OC-Ol rev. 10.13.06 Page 9 Of I O Estate of HARRY C. GOLDBY Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that ne~she is rare Deceased of the above-named name of corporation 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. Signature of Counsel for Petitioner Form oc-or rev. ro. r3.o6 Page 10 of 10 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Jackie Cox, Sales Director 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): October 10 and October 17 and October 24 2011 COPY OF NOTICE OF PUBLICATION N TIC OF RANT f~F LETT RS T~STA_ MENTARy Letters Testamentary in the Estate of HARRY C. GOLDBY, deceased, late of ~ the Borough of Carlisle, Cumberland County, Pennsylvania, have been granted to the undersigned. All persons knowing themselves to be indebted to the said estate wilt make payment immediately, and those having claims will present them for settlement to: , Patricia A. Rosendale, Executrix c/o James D. Flower, Jr., Esquire FLOWER LAW, LLC 10 West High Street Carlisle, PA 17013 FLOWER LAW, LLC 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 ar e. .~ ~~~~ Sworn t and subscribed before me this Notary Public My commission expires: NOTARIAL SEAL BAMBIANN HECKENDORN Nctary Public CARLISLE BOROUGH, CUMBERLAND CNTY ivty Commission Expires Jan 27, 2014 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 La~,v 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: October 14 October 21 and October 28 2011 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. Goldby, Harry C., decd. Late of the Borough of Carlisle. Executrix: Patricia A. Rosendale, c/o James D. Flower, Jr., Esquire, Flower Law, LLC, 10 West High Street, Carlisle, PA 17013. Attorneys: Flower Law, LLC. ~~ ,-~ .~ ~' L' a Marie Coyne,~ditor SWORN TO AND SUBSCRIBED before me this 28 day of October, 2011 Notary .......®®...~.,~,.....m: NOTA};+AL SEA? DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNiY My Commission Expires Apr 28, 20 E 4 FIRST AND FINAL ACCOUNT OF PATRICIA A. ROSENDALE EXECUTRIX FOR THE ESTATE OF HARRY C. GOLDBY NO. 2011-01045 Date of Death: Date of Executor's Appointment: First Complete Advertisement of Grant of Letters Accounting for the Period: ~ - r. > , ~ ~~ ~ ~..~ - --r c7 ~ , , =r ~ -,., ~ ~.~ .l - a --r. _~_. ~~ ~ ,~ ~, ~~ 09/2 62011 10/04/2011 10/ 14/2011 SEPTEMBER 26, 2011 -MARCH 1, 2012 Purpose of Account: PATRICIA A. ROSENDALE, Executrix, offers this account to acquaint interested parties with the transactions that have occurred during her administration. It is important that the account be carefully examined. Requests for additional information or questions or objections can be discussed with: Thomas E. Flower, Esquire FLOWER LAW, LLC 10 West High Street Carlisle, PA 17013 (717) 243-5513 1~i'~~f,~:~ PROPOSED DISTRIBUTION.• $1,133, 518.85 SUMMARY Page PRINCIPAL: RECEIPTS: GAINS/(LOSSES) ON SALE: DISBURSEMENTS: DEBTS: FUNERAL: ADMINISTRATION: FEES & COMMISSIONS TAXES: RESERVE: Total Principal Disbursements: DISTRIBUTIONS: INCOME RECEIPTS: COMBINED BALANCE PROPOSED DISTRIBUTION: -3- $ 1,277,286.18 -3- (2,785.87) 1,274,500.31 -3- -3- 1,745.35 -4- 2,547.00 -4- 3,023.60 -4- 74,551.71 -5- 19,673.84 -5- 5,000.00 -5- ($ 106,541.50) 1,167,958.81 -5- (40,000.00) 1,127,958.81 - 5-6 - 5,560.04 $ 1,133,518.85 -6- $ 1,133,518.85 2~~~wt'.,'z: RECEIPTS OF PRINCIPAL: 09/26/11 Securities in Orrstown Advisors acct. 1,129,345.44 Cash in Orrstown Advisors acct. 22,263.12 M&T Bank checking, funds on deposit 4,214.49 M&T Bank money mkt., funds on dep. 60,575.30 Orrstown Bank ckg., funds on deposit 46,060.53 10/17/11 Refund, Church of God Home 9,803.75 10/27/11 Refund, Hoffman Roth Funeral Home 4,505.82 Miscellaneous refunds & etc. 517.73 Total receip ts of princ pal: ^ SUMMARY OF GAINS/(LOSSES):2 Transaction Date Acquisition Value Net Proceeds Gain/(Loss) 10/06/11 588,701.76 589,687.08 985.32 10/07/11 540,360.69 536,589.50 (3,771.19) 10/13/11 282.99 282.99 0.00 Subtotals 1,129,345.44 1,126,559.57 Total Net Loss on Sale of Securities: (2,785.87) DISBURSEMENTS OF PRINCIPAL: Debts: 10/27/11 Highmark 220.50 10/13/11 Alert Pharmacy 120.75 Omnicare Rx 4.07 11/09/11 Alert Pharmacy 0.99 11/17/11 Western Pa. Conservancy, 9/21 gift annuity payment 1,399.04 Total debts: 1,745.35 ror ~tem~zed I~st of holdings, see attached Addendum "A." `' For itemized list of gains/losses on sales of individual securities, see attached Addendum "B." $ 1,277,286.18 1,274,500.31 3~~~'~;,,~• Funeral: 10/13/11 Organist/clergy honoraria 250.00 02/12/12 Granite bench memorial, Initial payment 250.00 Anticipated balance 2,047.00 Total funeral ex enses: 2,547.003 Administration Expenses: 09/28/11 Orrstown Advisors, fees 111.60 10/04/11 Register, probate fees 815.50 10/06/11 Orrstown Advisors, Brokerage fee 952.94 10/13/11 Purchase checks 19.50 Shipping costs 577.52 10/24/11 Short Certificates 32.00 10/28/11 Cumb. Law Jrnl., notice 75.00 11/09/11 The Sentinel, notice 189.54 12/21/11 Register, filing fee 15.00 Additional probate fee 50.00 Hoyle Laughlin, appraisal 185.00 Total administration expenses: 3,023.60 Fees & Commissions: Patricia Rosendale, CPA, LLC, Executor's commissions 38,578.71 Flower Law, LLC, Attorney's fees 35,973.00 Total fiduciary fees: 74,551.71 s Other funeral-related costs were prepaid. 4~!*:~r_ Taxes: 12/21/11 Inheritance tax 18,713.844 03/01/12 2011 Pa. Income Tax 960.00 Subtotal, taxes: 19,673.84 Reserve: Reserve for filing fee & contingencies: 5,000.00 Total disbursements of rincipal: ($ 106,541.50) 1,167,958.81 PRINCIPAL DISTRIBUTIONS: Specific Bequests: 11/10/11 Lisa Nerangis Limoges 2,000.00 Nick Nerangis 2,000.00 Stephen Nerangis 2,000.00 Wendy Butler Curtis 2,000.00 Todd Butler 2,000.00 Nick & Kathy Nerangis 10,000.00 Tom & Robyn Butler 10,000.00 Cumb. Cy. Hist. Soc. 2,500.00 Musical Arts Soc. 2,500.00 Bosler Free Library 5,000.00 Total specific bequests: (40,000.00) 1,127,958.81 RECEIPTS OF INCOME: Schwabb brokerage 656.255 Orrstown Advisors Dividends: 3,882.21 Interest: 282.51 Orrstown Bank checking 8.12 M&T Bank, money market 68.8g M&T Bank, checking 0.51 ° Tax of $19,698.75 less discount ($984.91). s Final income payment, Church of God Forever Caring Fund gift annuity. 5 ~ (' ; Miscellaneous income to balance: + 661.56 Total income receipts: 5,560.04 1,133,518.85 COMBINED BALANCE FOR DISTRIBUTION: $ 1,133,518.85 PROPOSED DISTRIBUTION: CARNEGIE INSTITUTE OF PITTSBURGH .............. 283,379.71 WESTERN PA SCHOOL FOR THE BLIND ............... 283,379.71 PHIPPS CONSERVATORY .................................. 283,379.71 PITTSBURGH HISTORY & LANDMARKS FOUNDATION SCHOLARSHIP FUND............ 283,379.72 Total Proposed Distribution: (1,133,518.85) 0.00 Reconciliation to Cash on Hand: Combined balance for distribution: $ 1,133,518.85 Add back items to be disbursed: Flower Law, reimburse cost of notice 75.00 Fiduciary fees 74 551.71 Reserve for misc. costs 5,000.00 Total items to be disbursed: 79,626.71 1,213,145.56 Cash on Hand: M&T Bank Money Market Account: 60, 648.99 Orrstown Checking Account: 1, 916.95 Orrstown Advisors Account: $ 1,1 S0, 579.62 Total Cash on Hand: $ 1,213,145.56 6 I ['' zi ;f COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) SS. Patricia A. Rosendale, Executrix under the Last Will and Testament of Harry C. Goldby, 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, which are shown as paid in the foregoing account, have been paid in full; that, to her knowledge, there are no claims now outstanding against the estate, except as disclosed in the foregoing account; and that all taxes presently due from the estate have been paid. ~O.h~- \ Z. ~ c, ns~- , Patricia A. Rosendale, Executrix Sworn to and subscribed before me this _~ day of i~acc~, 2012. Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL THOMAS E. FLOWER, Notary Public Carlisle lioro., Cumberland County My Commission Expires October 26, 2014 ~~~~~~,~ 7~'£~ ~~: