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HomeMy WebLinkAbout07-27-12~%i~ ~9c is DECEDENT'S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF WARREN F. BAILEY , DECEASED~~,, . ~St^. No. 21-09-0331 ~ ~-~" ~,-, ~ ` ,, ~' C3 ~~- , ©~ r.;-~ PETITION FOR ADJUDICATION / ~ ~* ---~ ~~ ~.` ~= r~ V `T7 .c- rn ~ . ~aq c:^ ~7 -• ~ _.. !~'? i r~7 .:~~~ C7 ~T~.2 _..~,7 __ "r'i ~' rTp 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: Lisa Marie Coyne, Esq. Supreme Court I.D. No.: 53788 Name of Law Firm: Coyne & Coyne, P.C. Address: 3901 Market Street, Camp Hill, PA 17011 Telephone : 717-73 7-0464 Fax: 717-737-5161 cis ,. Form OC-01 rev. 10.13.06 Page 1 of 10 Estate of WARREN F. BAILEY I . Name(s) and address(es) of Petitioner(s): Name: Michelle Koons Address. 122 North St. John's Drive Camp Hill, PA 17011 William Pensinger Deceased 415 South High Street 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: N/A 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 23, 2009 Letters Testamentary or Q Letters of Administration were granted to Petitioner(s) on Anri19.2009 Date of Will (if applicable): June 5, 2006 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? ......... m Yes ~ No Dates of advertising of the grant of Letters: Cumberland Law Journal: 4/17/2009, 4/24/2009, 5/ 1 /2009 Patriot News: 5/120/09, 5/8/2009, 5/15/2009 Form OC-01 rev. 10.13.06 Page 2 of 10 Estate of WARREN F. BAILEY Deceased 3. Was decedent survived by a spouse? ............................. DYes ~ 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 (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 'Y N Will or Codicil(s)? ........................................... ® es ® o 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 Form OGO/ rev. 10.13.06 Page 3 of 10 Estate of WARREN F. BAILEY 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: Form oc-o] rev. 10.13.06 Page 4 of 10 A. State each party's relationship to the decedent and the nature of each party's interest(s): Estate of WARREN F. BAILEY 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. Pauline Swink died on February 24, 2010 in Harris, Texas. An estate has not been opened for Pauline Swink, deceased. Attorney Leon Halden of Kingswood, Texas will be opening the estate. Form OC-01 rev. 10.13.06 Page 5 of 10 Estate of WARREN F. BAILEY 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 N/A Amount of Claim I Claim I Will Claim Admitted? Be Paid In DYes (DYes ONo 0 No DYes ®Yes ~No ~No Yes ~ Yes ~No ~ No DYes ID 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? ............. ................... DYes mNo Family exemption claimant's name and relationship: Name: Relationship: Page 6 of 10 Form OC-01 rev. 10.13.06 Estate of WARREN F. BAILEY Deceased 12. The amount of Pennsylvania Transfers thelinterest(s) pon which paid Hare as followssate Tax paid, the date(s) of payment(s), a payment Interest Date June 23, 2009 3,000.00 December 30, 2010 3,188.29 March 7, 2011 - 2,220.01 13. On the date of death, was the decedent a fiduciary (personal representative, trustee, guardian, agent under power ®Yes ~ No 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: N/A B. Has notice of the question requiring adjudication been given ®Yes [~ No to the parties identified in Paragraph 9 above . ...... . 15. If Petitioner(s) has/have knowledge that a sntrre unc ationsdisc aimeroor attachmentmed or attached, provide a copy of the assignme , together with any relevant supporting documentation. Page 7 of 10 Form OC-01 rev. 10.13.06 Deceased Estate of WE''RREN F. BAILEY • ~ Yes ~ No 16. Had the decedent been adjudicated an incapacitated person? • • • ' ' ' • term number, If yes, attach a copy of the Order if available; otherwise state the Court, , date, and name of Hearing Judge. ttach a separate list of additional receipts and disbursements since the closing 17 • p, List or a date of the Account. N/A 18. g. Has notice of the additional receipts and disbursements been ®yes ~ No given to the parties identified in Paragraph 9 above? • If a reserve is requested, state amount and purpose. .~-ee--#~ od. -'~ gmauni. Pre aration of final tax returns for the Estate and payment of any tax ue. Purpose: p If a reserve is requested fo rom he reserve beentgiven to the s [~No amount of fees to be paid f • • • • , [Ye parties in interest? •••••••••••""""'•••~ If so, attach a copy of the notice. 19. Is the Court being asked to direct • • , Yes ONo the filing of a Schedule of Distribution? ®Yes ®No As to real estate only? ••••••••••""""•••~•~ Page 8 of 10 Form OC-01 rev. 10.13.06 Estate of VdARREN F. BAILEY 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) See Proposed Schedule of Final Distributions. B. Principal: Proposed Distributee(s) Amount/Proportion Amount/Proportion Submitted By: (All petitioners must sign. Add additional lines if necessary): d ~ v ~ ~... .~ ~~ N me of Petitioner: helle Koon Name of etrtioner: illiam ens' ger Page 9 of 10 Form OC-01 rev. 10.13.06 Estate of WARREN F. BAILEY Verification of Petitioner (Verification must be by at least one petitioner.) Deceased The undersigned hereby verifies * [that heishe is rare 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). * 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. . ~ '~ , . jam-. j ~~.. .~ ____--- Signature of Counsel for Petitioner Form OC-01 rev. 10.13.06 Page 10 of 10 SCHEDULE OF HEIRS OF THE ESTATE OF WARREN F. BAILEY Name and Address Relationship Interest Basely T. Bailey brother 1/7 of residual estate 218 Mosby Blvd., Apt. 217 Berryville, VA 22611 Calvin F. Bailey and Charlotte Bailey brother 104 Grove Court 1 /7 of residual estate Stephens City, VA 22655-2905 Patricia Otto sister-in-law 1 /7 of residual estate 220 Silver Spring Road Mechanicsburg, PA 17055 William Pensinger nephew 1 /7 of residual estate 415 South High Street Mechanicsburg, PA 17055 Michelle Koons friend 1/7 of residual estate 121 North St. John's Drive Camp Hill, PA 17011 Estate of Pauline Swink (died on sister 1/7 of residual estate February 24, 2010) c/o Leon G. Halden, Jr., Esquire 1102 Kingwood Drive, STE 201A Kingwood,., TX 77339-3009 Clara Stultz (pre-deceased Mr. Bailey sister 1/7 of residual estate in August 2008 and survived by one child, and multiple grandchildren and great-grandchildren) LIVING HEIRS OF CLARA STULTZ Name and Address Relationship to Clara Stultz Interest in Baile E~ state Sharon Stultz daughter 1 /21 of residual estate 5380 Run Parkway, Apt. 101 Alexandria, VA 22304 Richard Stultz, Jr. grandson 1 /21 of residual estate 1106 South Edison Street Arlington, VA 22204 Michael Dakon grandson 1/105 of residual estate 9314 Struthers Glen Court Bristow, VA 20136 Debra Bulach granddaughter 1/105 of residual estate 301 Thomas Avenue Frederick, MD 21701 Michele Mitchell granddaughter 1/105 of residual estate 238 Hillcrest Drive Fredericksburg, VA 22401 George Toby Dakon great-grandson 1/105 of residual estate 710 Knollwood Ct. Stafford, VA 22554 Matthew Dakon great-grandson 1/315 of residual estate 462 GA Highway 257 Cochran, GA 31014 Christopher Dakon great-grandson 1/315 of residual estate 462 GA Highway 257 Cochran, GA 31014 Melissa Dakon great-granddaughter 1 /315 of residual estate 462 GA Highway 257 Cochran, GA 31014 FIRST AND FINAL ACCOUNTING AND PROPOSED DISTRIBUTION MICHELLE C. KOONS AND WILLIAM W, pENSING ER, CO-EXECUTORS for Estate of WARREN F. BAILEY, Deceased Estate No.: 21-09-0331 Date of Death: Date of Executor A 3/23/2009 ppointment: Date of First Complete Advertisement of Letter: 04/09/09 Accounting for the Period: 04/17/09 4/9/09 to 5/31/2012 PURPOSE OF ACCOUNT; The Executors offer this Account a acquaint interested parties with the transcations that have occurred d and Proposed Final Distribution of Residual Estate to In nd Proposed Distribution to ur~ng the Administration It is important that the Account and Pro osed D• clude final attorney fees. Requests for additional information p istribution be carefully examined. ,question or objections can be discussed with: COYNE & COYNE, p,C, Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Dill, PA 17011-4227 717-737-0464 Attorney For Estate Page 1 Assets Listed in Inventory ~ ~`~` Valued as of Date of Death $48.11 Cash: Members 1st Savings Account tment Savings Account $8,617.76 $505.75 Members 1st Inves 560.17 $11 Members 1st CD , $505.75 Members 1st CD 166 97 $1 Members 1st CD , 412.70 $11 Members 1st CD , 5~ g 19 Members 1st CD - Members 1st CD Cash Tan ible Personal Pro er and Recei is ~unse uc~^. <~ Y----- -$258.00 $736.34 5/7/2009 Cash 5/7/2009 Deposit (sale of furniture) $100.00 $20.00 5/15/2009 VA Refund 6/13/2009 Refund from Renter's Insurance 75 and $810.74) ($432 f S $1,243.49 $209.00 . e a 6/24/2009 Cash from 7/21/2009 Refund from Essex House $7,709.75 $166.95 2/3/2010 Auction of personalty fund from Dumpster Rental R $1,356.00 e 2/23/2010 10/14/2010 Refund from 2007 Taxes $46.61 $2.54 1/10/2011 2010 Dividends 4/4/2011 Refund of Inheritance Tax paid $3,750.00 2/3/2012 Proceeds from the sale of coin collection $44.99 $258.00 2/10/2012 2011 Dividends 5/13/2012 Deposit 2012 Dividends Realstate_ 165 Old Quaker Road, Etters, PA 17319-- Sale Price at public Auction 40~000.~( 8/14/2009 TOTAL RECEIPTS OF PRINCIPAL $39,585.40 $15,905.05 $95,490.45 4/9/2009 Uncleared checks robatf 4/21/2009 Register of Wills -- p 4/22/2009 Parthemore Funeral Home 4/22/2009 Newberry Twp. ai29/2009 Foremost Insurance 4/29/2009 Met Ed 5/2/2009 PA American Water 5/8/2009 Visa ______.--- 5/8/2009 York Waste 5/8/2009 Cumberland Law Journal-- 5/11/2009 Repayment to Social Secur 5/12/2009 Verizon 5/20/2009 Duty's Lock Service 5/23/2009 PA American Water 5/23/2009 Duty's Lock Service--gara; P triot News--Legal AdvE advertisement avment after death door at Etters icement of Estate 5/23/2009 a 5/27/2009 Jeremy Johnson -- lawn care at Etters 5/28/2009 Visa 5/30/2009 Met-Ed 6/24/2009 Capital Storage 6/27/2009 PA American Water 7/1/2009 Met-Ed 7/1/2009 Newberry Twp. 7/13/2009 Capital Storage 7/18/2010 Capital Storage 7/25/2009 Auctioneer fee 8/1/2009 PA American Water 8/ 14/2009 Met-Ed 8/15/2009 Settlement charges for Real Estate 8/29/2009 Dumpster Rental Fee 8/29/2009 Met Ed -Final 11/12/2009 PAWC Final 11/23/2009 Joe G. Tedder Tax Collector (Polk Co. Florida 12/8/2009 River Ranch Landowners Association 3/29/2010 Carey Associates (2007-2008 Taxes) 11/24/2010 Carey Associates (2009 Taxes) 12/30/2010 Ibis Appraisal -- appraisal of coin collection 1/18/2011 Register of Wills -- Inheritance Tax Filing Fee 3/11/2011 Register of Wills --additional probate 3/12/2011 Carey Associates (2010 Taxes) 3/26/2012 Estate Checks 3/26/2012 Pa Dept. of Revenue 3/26/2012 Carey Associates (2011 Taxes) ue~ister of Wills Filing fee for Accounting and Confirmation $983.33 $136.00 6,593.52 $50.55 $286.00 $91.12 $363.45 $12.57 $319.48 $583.84 $75.00 _ $353.00 $59.91 $58.30 $12.51 $98.00 $130.31 $40.00 $319.48 $228.00 $65.72 $12.51 $228.00 $50.55 $65.72 $20.00 $4,435.76 $12.54 $138.00 $1,075.49 $166.95 $923.14 $12.54 $37.71 $40.00 $200.00 $100.00 $450.00 $15.00 $120.00 $125.00 $26.40 - $1.00 $75.00 19,321.40 1/18/2011 10/7/2011 2/16/ 022/16/ 12 12/30/2010 3//0273//027 11 10/13/2011 10/11/2011 10/-_ 32011 10/ /24 011 L 10/- 4 1 10//02410//024 11 & CoyBc Coy =ne pCPC Partial & Coyne PC--Partial & Coyne PC-__ Pa~lal of Wi11s_ of Wills of Wi sll Discount Period )isbursements to nc~^~•~ ment in Full of Specific Devise American Red Cross--Pay ~alvin & Charlotte Baia,yP-a a ent of 1/7 of Residual Esta eual Estate 3asley T. Bailey--Part ym William Pensinger--Partial Payment of 1/7 of Residual Estate Michelle Koons--Partial Payment of 1/7 of Residual Estate Patricia Otto Pensi EMENT OF PRINCIPAL. of Residual Estate TOTAL DISBURS 11,698.75 $3,538.21 1 4~ 06._25 $16,643.21 $3,000.00 $318.29 e~ ~~n n1 $5,538.3 $1,000.00 $6,270.00 $6,270.00 $6,270.00 $6,270.00 32 350.00 66 2~-70_00 $73,852.91 Total Distributions of r-~~-.,.Yµ. $21,637.54 TOTAL NET RESIDUAL ESTATE: - -. .. -~--~.. T.,. Final Costs and Expenses: $500.00 Reserves for preparation of final tax returns and the payment of any tax due 2 500 ~0 Coyne & Coyne, P.C.--Balance of Attorney Fees and Costs Final Distrubution to Residual Heirs: $871.08 Bailey T. Bailey -- 1/7th residual heir $871.08 Calvin F. Bailey and Charlotte Bailey -- 1/7th residual heir $871.08 Patricia Otto -- 1/7th residual heir $871.08 William Pensinger -- 1/7th residual heir $871.08 Michelle Koons -- 1 /7th residual heir 7. 1~ 41.06 Estate of Pauline Swink -- 1/7th residual heir Heirs of Clara Stultz Collective) Entitled to ></ i of xCS.u..°• "°""-- $2,380.37 Sharon Stultz (Daughter of Clara Stultz) entitled to 1/21 Esta /21 residual heir $2,380.36 Richazd Stultz, Jr. (Surviving Son of Richazd H. Stultz, son Clara Stultz)-- $476.07 Debra Bulach -- 1 / 105 residual heir $476.07 Michelle Mitchell (Daughter of late Mazy Chapman, Daughter of Clara Stultz) -- 1/105 residual heir $476.07 Michael Dakon (Son of late Mary Chapman, Daughter of Clara Stutlz)-- 1/105 residual heir 476.07 $158.69 George Toby Dakon (Son of lateiAllDen~Dak~eat~Grandson of Clara Stutlz)1 315 residual hedual heir Matthew Dakon (Son of late Gl $158.69 Christopher Dakon (Son of L late G11enn Dakon~GreaGGanranddaughterrof C1aza Stultz) 1315 res dual heir $158.69 Melissa Dakon (Daughter of Total Distribution __________ that the foregoing Michelle Koons and Willis e full s angd fat fully discharged thesdutiesf of our office ai ey, declare an oath that we hav y First and Final Account and Proposed Distriba tcounting period;oand that alluknowin claims against the significant transactions occurring during the there are no claims now outstanding against the Estate have been paid in full; that to hisknowledge, Rotate: and Ikiat,~,ll presently duehave been paid. h 1 n _ Sworn and subscribed before me this ` day of ~---- --- ~iq Mo~N 00 $11,496.46 $21,637.54 4 CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Notice of Confirmation of Account and First and Final Account and Schedule of Proposed Distributions was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre-paid: Basely T. Bailey Sharon Stultz 5380 Run Parkway, Apt. 101 218 Mosby Blvd., Apt. 217 VA 22304 Alexandria Berryville, VA 22611 , Calvin F. Bailey and Charlotte Bailey Michael Dakon 104 Grove Court 9314 Struthers Glen Court Stephens City, VA 22655-2905 Bristow, VA 20136 Patricia Otto Richard Stultz, Jr. 220 Silver Spring Road 1106 South Edison Street Mechanicsburg, PA 17055 Arlington, VA 22204 William Pensinger Michele Mitchell 415 South High Street 238 Hillcrest Drive VA 22401 Fredericksburg Mechanicsburg, PA 17055 , Michelle Koons Debra Bulach 121 North St. John's Drive 301 Thomas Avenue Camp Hill, PA 17011 Frederick, MD 21701 Jr., Esquire Halden Leon G Deborah Bishop , . 1102 Kingwood Drive, STE 201A 2902 Boulder Creek Kingwood, TX 77339-3009 Kingwood, TX 77339 1 George Toby Dakon 710 Knollwood Ct. Stafford, VA 22554 Matthew Dakon 462 GA Highway 257 Cochran, GA 31014 Dated: Z~ (~' Christopher Dakon 462 GA Highway 257 Cochran, GA 31014 Melissa Dakon 462 GA Highway 257 Cochran, GA 31014 Lis Mar e Coyne, Esquire pa, . No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464