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HomeMy WebLinkAbout07-11-12~'~I, ~1 ~ ? . ~~ C ,~ t~ -..~ ~ C` DECEDENT'S ESTATE a ~~ '~' ~~ +~_ ~~~ ~ ,_.. "' ~~ (5l ~ ~. ~,,. ~C~ _ r ,~~ t'~_ i '._ COURT OF COMMON PLEAS OF , - -1'` ~ '' ~` `"!' ~i PENNSYLVANIA CUMBERLAND COUNTY ~, , ti ORPHANS' COURT DIVISION ESTATE OF No. 21-09-1170 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 the 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: Martha J. Beers ,DECEASED Edward P. Seeber Supreme Court I.D. No.: 76084 Name of Law Firm: James, Smith, Dietterick ~ Connelly, LLP Address: 555 Gettysburg Pike Mechanicsburg, PA 17055 Telephone: 717-533-3280 Fax: 717-298-2093 E-mail: eps 'sdc com Form OC-0~ Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. P89e ~ Of 1 O ` \\l/[\11 Estate of Martha J. Beers ,Deceased 1. Name(s) and address(es) of Petitioner(s): Name: Debra Beers Address: d~~~ QA~A CAlllt Mechanicsburg, PA 17055 Identify any executors or administrators who have not joined in the Petition for Adjudication and Statement of Proposed Distribution and Account 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 10/31/2009 ®Letters Testamentary or 02108/2010 ^ Letters of Administration were granted to Petitioner(s) on Date of Will (if applicable): 11/2511986 Date(s) of Codicil(s) (if applicable): Date of probate (if different from date Letters granted): 02/0812010 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: 02/26/2011 0310512010 03/12/2010 ® Yes ~ No 03/04/2010 03/11/2010 03/18/2010 Form OC-O1 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Ino. Page 2 of 10 Estate of Martha J. Beers 3. Was decedent survived by a spouse? If yes, name of the surviving spouse: 4. Has the surviving spouse filed to take an elective share? ......................... (See Section 2201 ~t ems. of the Probate, Estates and Fiduciaries Code) If yes, date of election: _ Deceased Yes ® No 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): 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? ........................................................... Form OC-01 Rev. f 0-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Yes ® No Yes ® No Date of Birth: ® Yes ~ No Page 3 of 10 Estate of Martha J. Beers ,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): Name and Address of Each Party in Interest Debra Beers 4535 Rolo Court Mechanicsburg, PA 17055 Virginia Cox 101 Brenton Street Indiahoma, OK 73552 and Daughter Daughter 50% of the residue $100.00 Form OC-O1 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. P89@ 4 Of 1 O Estate of Martha J. Beers .Deceased Name and Address of Each Party in Interest Relationship and Comments, i/any Val Parr Daughter 233A West Market Street Mechanicsburg, PA 17055 Mary Beers Daughter c/o Rebecca Wetzel, Cumberland Perry MRS Suite 301, 16 West High Street Carlisle, PA 17013 Interest $100.00 50% of the residue. 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 (~ 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. Form OGU1 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 5 Of 1 O Estate of Martha J. Beers ,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? See attached schedule 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? Was family exemption allowed? Family exemption claimant's name and relationship: Name: Relationship: Yes ® No Yes ® No Form OC-O1 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 6 Of 1 O Estate of Martha J. Beers Claimants Amount Claim Will Claim be Name and Address of Claimant (Account No.) of Claim Admitted? Paid in Full? Debra Beers -reimbursement for the following: 4535 Rolo Court Mechanicsburg, PA 17055 Yes No Debbie Lupold, Treasurer - 2009 county/township real estate taxes 300.59 Yes No Debbie Lupold, Treasurer - 2009 school real estate taxes 889.98 Yes No Cumberland County Tax Claim Bureau - 2008 school real estate taxes 767.13 Yes No Richardson Funeral Home -decedent's funeral 2,746.00 Yes No Richardson Funeral Home -father's funeral (DOD: 10/5/09) 3,251.00 Yes No East Pennsboro Township -sewer/trash service 609.00 Yes No West Shore EMS c/o Consolidated Collection Service, Inc. PO Box 60550 Harrisburg, PA 17106 CCS Account No. 841820 WSEMS Account No. 9008983A 922.15 Yes No West Shore EMS c/o Consolidated Collection Service, Inc. PO Box 60550 Harrisburg, PA 17106 CCS Account No. 840371 WSEMS Account No. 196225W 177.50 Yes No Holy Spirit Hospital c/o Revenue Collect PO Box 2103 Mechanicsburg, PA 17055 Revenue Account No. 5283279/HS Account Nos. 34177477 & 35144294 80.00 Yes No Revenue Account No. 5258699 30.00 Yes No Revenue Account No. 5283153 50.00 Yes No Holy Spirit Hospital 503 N 21st Street Camp Hill, PA 17011 Account No. 35303791 15.00 Yes No Account No. 35087196 15.00 Yes No Account No. 35041201 15.00 Yes No Account No. 35215326 15.00 Yes No Account No. 34283226 15.00 Yes No Account No. 34205682 10.00 Yes No Account No. 35676972 250.00 Yes No Holy Spirit Hospital c/o CRA Collections PO Box 2103 Mechanicsburg, PA 17055 CRA Account No. 5053197 117.00 Yes No Quest Diagnostics PO Box 4911 Southeastern, PA 19398 Invoice Nos. 6053336804 & 6106409554 30.00 Yes No East Pennsboro Ambulance c/o Commercial Acceptance Company PO Box 3268 Shiremanstown, PA 17011 CAC Account No. 593432 EPA Account No. 0961751 50.00 Yes No Central PA Hema & Med Onc Assoc PC 50 N 12th St Upper Level Lemoyne, PA 17043 Account No. 19172 15.00 Yes No Heritage Medical Group, LLP 3 Walnut Street, Suite 206 Lemoyne, PA 17043 Account No. 365279 15.00 Yes No Northwest Consumer Discount Company Martin A. Dumic, Manager Suite 130 3401 Hartzdale Drive PO Box 985 Camp Hill, PA 17011 Account No. 491-185997-8 2,020.38 Wells Fargo Bank c/o Joshua I. Goldman, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Matter Docketed to Cumberland County Court of Common Pleas No. 10-4063-Civil 40,914.54 Sterling Medical Services, LLC 2 Twosome Drive Moorestown, NJ 08057 Account No. 220388 38.10 PPL c/o CBCS PO Box 165025 Columbus, OH 43216 CBCS Account No. 24-102160360 PPL Account No. 9156074000 633.79 UGI c/o Berks Credit & Collections, Inc. Department 14674 PO Box 1259 Oaks, PA 19456 Account No. 221614640516 225.39 UGI PO Box 12407 Reading, PA 19612 Account No. 248646 117.25 Yes Yes Yes Yes Yes Yes No No No No No No Verizon c/o MCM 8875 Aero Drive, Suite 200 San Diego, CA 92123 MCM Account No. 8551624807 Verizon Account No. 7177322709479 95.03 Comcast c/o Convergent Outsourcing, Inc. PO Box 9004 Renton, WA 98057 Converget Account No. A-77388225 Comcast Account No. 9547-188560-01 153.25 Pennsylvania American Water PO Box 578 Alton, IL 62002 Account No. 24-0644439-4 126.35 East Pennsboro Township 98 South Enola Drive Enola, PA 17025 Account No. Beersk.001 977.60 Cumberland County Tax Claim Bureau 1 Courthouse Square, Room 106 Carlisle, PA 17013 Map No. 09-15-1291-291 for 2010 1,214.42 Yes Yes Yes Yes Yes No No No No No Estate of Martha J. geprc .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 09/22/2010 0.00 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? ................................................................ 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? ..................... 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. Yes ® No Yes ® No Form OC-01 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page ~ Of 'I O Estate of Martha J. Beers ,Deceased 16. Had the decedent been adjudicated an incapacitated person? ........................................... ^ Yes ® No 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 N/A 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: Purpose: See Attached Schedule of Proposed Distribution to the First and Final Account. 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? ................................................................... If so, attach a copy of the notice. 19. Is the Court being asked to direct the filing of a Schedule of Distribution? .................................................. As to real estate only? ............................................................................ ® Yes ^ No ^ Yes ® No ^ Yes ~ No Form OC-O1 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 8 of 10 Estate of Martha J. Beers ,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 attached schedule B. Principal: Proposed Distributee(s) Amount Proportion See attached schedule Submitted By: (All petitioners must sign. . A!d-d~additiponal lines if necessary): Name of Petitioner: Debra Beers Name of Petitioner: Name of Petitioner: Form OC-O1 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Peg6 9 Of 1 O Estate of Martha J. Beers A. INCOME: Amount Proportion Debra Beers 4535 Rolo Court Mechanicsburg, PA 17055 0.00 50% Mary Beers c/o Rebecca Wetzel, Cumberland Perry MRS Suite 301, 16 West High Street Carlisle, PA 17013 0.00 50% B. PRINCIPAL: Val Parr 233A West Market Street Mechanicsburg, PA 17055 0.00 $100 Virginia Cox 101 Brenton Street Indiahoma, OK 73552 0.00 $100 Debra Beers 4535 Rolo Court Mechanicsburg, PA 17055 0.00 50% Mary Beers c/o Rebecca Wetzel, Cumberland Perry MRS Suite 301, 16 West High Street Carlisle, PA 17013 0.00 50% ~'~J, 7/ ~ ~ ~`~ In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 2009-01170 Estate of Martha J. Beers. DecaaCOr1 ~.~ .~ :, Late of Township of East Pennsboro ~~.. ~~'~` r- c ry~±~ ~- ~~ ~ T :~ ~~ First and Final Account ~ ~ - - ~ ,r:7 c 3~ = ~~~ . J ~.-. ~. --- n C~ ~~ Debra Beers, Executrix Date of Death: Date of Incapacity, if any: Date of Executrix's Appointment: Date of First Complete Advertisement: for the period: 10/31 /2009 None 02/08/2010 03/18/2010 10/31 /2009 to 06/18/2012 Purpose of Account: Debra Beers, 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 or questions or objections can be discussed with: Edward P. Seeber James, Smith, Dietterick & Connelly, LLP 555 Gettysburg Pike Mechanicsburg, PA 17055 717-533-3280 Supreme Court I.D. No. 76084 SUMMARY OF ACCOUNT Estate of Martha J. Beers, Deceased For the period of O ob r 1,009 throygh ~~ne 18 201 Receipts: This Account 3 Net Gain (or Loss) on Sales 41,712.74 or Other Dispositions 0.00 Less Disbursements: 41,712.74 Debts of Decedent 4 Funeral Expenses 40,000.00 Administration Expenses 4 0.00 Federal, State 8 Local Taxes 586.42 Commissions 0.00 Fees 0.00 Family Exemption 0.00 Balance Before Distributions 0.00 40, 586.42 1,126.32 Transfer to (from) Principal Distributions to Beneficiaries 0.00 0.00 Principal Balance on Hand _ For Information: 1,126.32 Investments Made Changes in Holdings INCOME Receipts This Account g Net Gain (or Loss) on Sales 0.11 or Other Dispositions 0.00 Less Disbursements 0.11 0.00 Balance Before Distributions 0.11 Transfer to (from) Income Distributions to Beneficiaries 0.00 0.00 Income Balance on Hand - 0.11 For Information: Investments Made Changes in Holdings COMBINED BALANCE ON HAND _ Signature 1,126.43 Verification -2- Estate of Martha J. Beers SCHEDULE OF PROPOSED DISTRIBUTION Assets: James, Smith, Dietterick & Connelly, LLP - IOLTA Account for Estate 1 126 43 Less: Register of Wills, Cumberland County -filing fee for accounting , . -130 00 Less: James, Smith, Dietterick & Connelly, LLP -attorney fees NET DISTRIBUTABLE ESTATE: . -996.43 0.00 Creditors of Estate in Order of Preference: Reimbursement to Debra Beers: Debbie Lupold, Treasurer - 2009 county/township real estate taxes 300 59 Debbie Lupold, Treasurer - 2009 school real estate taxes . Cumberland County Tax Claim Bureau - 2008 school real estate taxes ggg 98 767 13 Richardson Funeral Home -decedent's funeral . Richardson Funeral Home -father's funeral (DOD: 10/5/09) 2,746.00 East Pennsboro Township -sewer/trash service 3,251.00 609.00 8, 563.70 Class 3: West Shore EMS Holy Spirit Hospital 1,099.65 Quest Diagnostics 360.00 East Pennsboro Ambulance 30.00 Central PA Hema & Med Onc Assoc PC 50.00 Heritage Medical Group, LLP 15.00 15.00 1, 569.65 Class 6: Northwest Consumer Discount Company -never obtained personal property Wells Fargo Bank -less $40,000 value of real estate 2,020.38 Sterling Medical Services, LLC 40,914.54 Holy Spirit Hospital 38.10 PPL 252.00 UGI 633.79 UGI 225.39 Verizon 117.25 Comcast 95.03 Pennsylvania American Water 153.25 East Pennsboro Township 126.35 Cumberland County Tax Claim Bureau 977.60 1,214.42 46,768.10 TOTAL AMOUNT DUE TO CREDITORS: 56,901.45 Final Distributions: Class 3 Creditor: Amount to West Shore EMS Claim be Paid Holy Spirit Hospital 1,099.65 0.00 Quest Diagnostics 360.00 0.00 East Pennsboro Ambulance 30.00 0.00 Central PA Hema & Med Onc Assoc PC 50.00 0.00 Heritage Medical Group, LLP 15.00 0.00 15.00 0.00 Class 6 Creditor: Northwest Consumer Discount Company -never obtained personal property Wells Fargo Bank -less $40,000 value of real estate 2,020.38 0.00 Sterling Medical Services, LLC 40,914.54 0.00 Holy Spirit Hospital 38.10 0.00 PPL 252.00 0.00 UGI 633.79 0.00 UGI 225.39 0.00 Verizon 117.25 0.00 Comcast 95.03 0.00 Pennsylvania American Water 153.25 0.00 East Pennsboro Township 126.35 0.00 Cumberland County Tax Claim Bureau 977.60 0.00 1,214.42 0.00 Specific Bequest Beneficiaries• Virginia Cox Val Parr 100.00 0.00 100.00 0.00 Residuary Beneficiaries• Debra Beers - 50% of residue Mary Beers - 50% of residue 0.00 0.00 0.00 0.00 Assets Listed in Inventory (Valued as of Date of Death) SCHEDULE A RECEIPTS OF PRINCIPAL Cash M&T Bank Checking Account No. 9840764782 - valued per bank letter dated 2/23/10 Monumental Life Insurance Company Policy No. MM5732577 -valued per check received Total Cash Real estate located at 29 Adams Street, East Pennsboro Township, Cumberland County, PA - valued per market appraisal Total Real Estate Total Receipts Fiduciary Acquisition Value 951,27 761.47 1, 712.74 40,000.00 40,000.00 41,712.74 Total Receipts of Principal 41,712.74 -3- SCHEDULE C DISBURSEMENTS OF PRINCIPAL Wells Fargo Mortgage No. 0005850012 10/31/2009 value per statement dated 12/14/09 - $72,534.17 (NOTE: This mortgage was on the real estate located at 29 Adams Street, East Pennsboro Township, Cumberland County, PA. The value reported on this Account is $40,000 as this was the value of the property. A claim for the balance is recognized and the creditor is listed in the Account as an unpaid creditor.) Total Debts of Decedent 40,000.00 Cumberland Law Journal 04/17/2010 estate notice publication fee estate notice publication fee 75.00 Register of Wills. Cumberland County 12/17/2009 filing fee for Petition 02/08/2010 probate fee 09/15/2010 filing fee for Return 8~ Inventory The Sentinel 04/17/2010 40,000.00 40,000.00 75.00 35.00 269.50 30.00 334.50 176.92 176.92 Total Miscellaneous Administrative Expenses 586.42 -4- SCHEDULE C DISBURSEMENTS OF PRINCIPAL Continued TOTAL DISBURSEMENTS OF PRINCIPAL 40,586.42 -5- SCHEDULE G RECEIPTS OF INCOME 03/0412010 interest TOTAL BANK INTEREST TOTAL RECEIPTS OF INCOME 0.11 0.11 0.11 0.11 -6- In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 2009-01170 Estate of Martha J. Beers, Deceased Signature ,. / 1 ~I, ~ o~,~ ~~~ Debra Beers, Executrix In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 2009-01170 Estate of Martha J. Beers, Deceased Verification Debra Beers, Executrix under the Last Will and Testament of Martha J. Beers, Deceased, hereby declares under oath that she has fully and faithfully discharged the duties of her office; that the foregoing 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 listed and notice provided; that there are 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 foregoing Account. This statement is made subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: ~ ~ ~ , ~~L~/I ,1 ~-~~(' Debra Beers, Executrix