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HomeMy WebLinkAbout10-26-12 DECEDENT'S ESTATE ~~ . - C+tli i u~,~ ! J vlJuil CU~iRRRL~tiD CQ., PA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF MABEL M. STONE No. 201 1-01 058 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 arty; 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 I.D. No.: 83993 Name of Law Firm: FLOWER LAW, LLC Address: 10 W. HIGH ST, CARLISLE, PA 17013 Telephone: (717) 243-5513 Fax: 717 241-4021 Formoc-o/ rev. /0./3.06 Page 1 of 10 Estate of MABEL M. STONE Deceased 1. Name(s) and address(es) of Petitioner(s): Name: JESSICA B. SHAWVER (EXECUTRIX) Address: 10 SHOVERS DRIVE CARLISLE, PA 17013 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 09/28/2011 ® Letters Testamentary or Letters of Administration were granted to Petitioner(s) on 10/10/2011 Date of Will (if applicable): 04/27/2007 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: nrT ~ o ~e, ~~ aTn~ r ~, -,.., , ,~. .. ., OCT. 28, NOV. 4 & 1 1, 2011 (Cumberland Law Journal) Form OC-01 rev. 10.13.06 Page 2 of 10 Estate of MABEL M. STONE Deceased 3. Was decedent survived by a spouse? ............................. Yes m 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 Will or Codicil(s)? ........................................... ~ Yes ~ 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? .............................. ~ Yes ®No Form OC-0/ rev. /0.13.06 Page 3 of 10 Estate of MABEL M. STONE ,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 in and Interest see attached listing of: charities, no spouse or issue one brother-in-law, and the rest survived the decedent all nephews & nieces Form OC-01 rev. 10.13.06 Page 4 of 10 BENEFICIARIES: Crystal Cathedral Ministries 5% PO BOX 100 Garden Grove, CA 92840 ZION UNITED CHURCH OF CHRIST 13 %% 24 W. MAIN ST. BLAIN, PA 17006 NEW BLOOMFIELD UNITED METHODIST CHURCH 5% 100 W. MAIN ST. NEW BLOOMFIELD, PA 17068 BETHESDA MISSION g %% PO BOX 3041 HARRISBURG, PA 17102 JAMES W. STOKES (g ~% ) 421 DONNA DR. BOX 587 JONESTOWN, PA 17038-9792 JOHN W. STOKES (g / % ) 2899 COUCHTOWN RD. LOYSVILLE, PA 17047-9697 CLINTON E. STOKES, JR. 17% 231 SEAVEY RD. PITTSBURGH, PA 15223 RICHARD L. STOKES (g /%) 1138 N. MILLER RD. APT. B TEMPE, AZ 85281 EDWARD M. STOKES (g /%) 2079 E. DUNBAR DR. TEMPE, AZ 85282 CAROL ANN STONE KALLENBERGER (5-2/3 %) 70 Fritz Drive Duncannon, PA 17020 HOLLY NOEL (5-2/3 %) 70 Fritz Drive Duncannon, PA 17020 EDWIN L. STONE (5-2/3 %) 12149 FLAG HARBOR DR. GERMANTOWN, MD 208774 Estate of MABEL M. STONE 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. Rude 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. N/A Forn, oc-o~ rev. 10.13.06 Page 5 of 10 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 MABEL M. STONE 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 ClatmanJ Amount of Claim Claim Wlll Clarm Admitted? Be Paid In Full? NONE. ALL KNOWN CLAIMS ®Yes ~ Yes HAVE BEEN PAID IN FULL. ®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 ~No Was family exemption allowed? ................................ ®Yes ®No Family exemption claimant's name and relationship: Name: Relationship: Form OC-01 rev. /0.!3.06 Page 6 of 10 Estate of MABEL M. STONE 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 11 /22/2011 /nterest 33,303.00 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 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: 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-01 rev. 10. /3.06 Page 7 of 10 Estate of MABEL M. STONE 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. RECEIPTS: AUCTION PROCEEDS EXPECTED TO BE LESS THAN $1,000 DISBURSEMENTS: FINAL ELECTRIC BILL OF NOMINAL AMOUNT, ACCOUNT FILING FEE, AND BALANCE OF FIDUCIARY & ATTORNEY FEES AS FULLY SET FORTH IN THE ACCOUNT 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: NSA 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 ofa Schedule of Distribution? .......................... Yes ~No As to real estate only? ........................................ Yes ~ No Form oc-ol rev. /0.13.06 Page 8 of 10 Estate of MABEL M. STONE 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 ACCOUNT B. Principal: Proposed Distributee(s) Amount/Proportion SEE ACCOUNT Submitted By: (All petitioners must sign. Add additional lines if necessary): N of Petitioner: J SICA B. SHAWVER Name of Petitioner: (EXECUTRIX) Forne OG01 rev. 10.13.06 Page 9 of 10 Estate of MABEL M. STONE Verification of Petitioner (Verification must be by at least one petitioner.) Deceased The undersigned hereby verifies * [that heishe N/A is titre N/A of the above-named name of corporation N/A 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). S' ture 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 ounsel for Petitioner Form OGOI rev. IO.I3.06 Page 10 of 10 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tackie 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 13th, 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 19 and October 26 and November 2 2011 COPY OF NOTICE OF PUBLICATION t ~~ r ~~ y{7 ~~~ Lk,~ 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. to and subscribed before me this otary Public My commission expires: NOTARIAL! g_ E~ A~~ BAMBI ANN HECKENDORN CARLISLE BOROUGH CUMBERLAND CNTY r~ny 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 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, vlz: October 28 November 4 and November 11 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. Stote, ~~ ~,~ decd. Late of Middlesex Township. Executrix: Jessica B. Shawver c/o Thomas E. Flower, Esquire, Flow- er Law, LLC, 10 West High Street, Carlisle, PA 17013. Attorneys: Flower Law, LLC. Lisa arie Coyne, Ed' r SWORN TO AND SUBSCRIBED before me this 11 of November 2011 Notary NOTARIAL SEAL DEBORAH A COLUNS Notary Public OARLIBLE BOROUGH, CUMBERLAND COUNTY My Commisalon Expires Apr 28, 2014 FIRST AND FINAL ACCOUNT OF JESSICA B. SHAWVER ,~ ~. EXECUTRIX FOR THE ESTATE OF MABEL M. STONE NO. 2011-01058 Date of Death: ,, Date of Executor's Appointment: First Complete Advertisement of Grant of Letters Accounting for the Period: I ILA 1- f ~ '.r I' t - __ ..4,J ~~` + 25 P~4 2~ 23 ;L. - Ot~~'~ir'~~i ; vQJR 1 CUMBEPLAND CO., PA SEPTEMBER 28, 2011 OCTOBER 10, 2011 OCTOBER 28, 2011 OCTOBER 10, 2011 -OCTOBER 27, 2012 Purpose of Account: JESSICA B. SHAWVER, 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 Id. No. 83993 FLOWER LAW, LLC 10 West High Street Carlisle, PA 17013 (717)243-5513 Tom@Flowerlaw.com Mabel M. Stone Estate Proposed Distribution to Beneficiaries: First and Final Account October 26, 2012 SUMMARY $ 145,656.61 Page No. PRINCIPAL: Recei ts: Less Disbursements: Debts & Funeral Expenses Administrative Expenses Inheritance Taxes Fees and Commissions Additional receipts Additional disbursements INCOME: Combined balance for distribution Advance distributions: PROPOSED DISTRIBUTION: 3 444,287.44 3 (2,571.65) 441,715.79 3 (14,338.52) 427,377.27 4 (33 3, 03.00) 394,074.27 4 (26,211.75) 367,862.52 4 2,062.30 369,924.82 4 (1768.57 368,156.30 4 2,632.17 370,788.47 5 370,788.47 5 (225,131.86) 145,656.61 5 (145,656.61) 0.00 2~1'~z~c Mabel M. Stone Estate First and Fino/ Account October 26, 2012 PRINCIPAL RECEIPTS 09/28/2011 House & Lot at 7798 Wertzville Road MorganStanley Certificate Savings Deposits 10/13/2011 Sovereign Bank, funds on deposit 10/10/2011 Refund, Church of God Home, Inc. 11/13/2011 Prudential, Life Insurance Death Benefit 11/23/2011 M&T Bank, funds on deposit 11/04/2011 Cumberland County, burial allowance 12/01/2012 Nickel Funeral Home, refund of prepaid costs 12/30/2012 D&S Coins, proceeds sale of coins 01/11/2012 EE Savings Bonds, redemption 02/13/2012 HH Savings Bonds, redemption 04/12/2012 PA Income Tax Refund 04/20/2012 Federal Income Tax Refund TOTAL PRINCIPAL RECEIPTS: PRINCIPAL DISBURSEMENTS DEBTS & FUNERAL EXPENSES: Alert Pharmacy Service Church of God Home TOTAL DEBTS & FUNERAL EXPENSES: ADMINISTRATION EXPENSES: Probate Fee Executor's Notices PSERS, reimburse pension overpayment SSA, reimburse Social Security overpayment Diversified Appraisal Services Register of Wills, Short Certificates Orrstown Bank, check printing fee 2012-2013 School District Real Estate Taxes Prorated Real Estate Taxes returned at settlement Tax Certification Fee Harleysville, Fire & Hazard Insurance Premium Hooke, Hooke & Eckman, real estate commission Realty Transfer Tax Filing Fee, Inheritance Tax Return Final Account filing fee Register's Automation & JCP Fees Filing Fee, Petition for Adjudication TOTAL ADMINISTRATIVE EXPENSES: 150,000.00 221,904.84 36,264.61 8,811.00 10,343.24 1,183.31 100.00 3,314.24 315.00 9,040.53 2,500.00 61.00 449.67 71.65 2,500.00 (2,571.65) 478.50 264.54 19.20 1,588.00 350.00 8.00 35.75 1,443.38 (1,307.85) 20.00 564.00 9,000.00 1,500.00 15.00 330.00 15.00 ~ 5 nn 14 338.52) 444,287.44 441,715.79 427,377.27 3~F'a~,e Mabel M. Stone Estate First and Fina! Account October 26, 2012 INHERITANCE TAX: ` Tax payment due: 35,056.00 Less early payment discount: (1 753.00 Net total tax: (33 303.00 394,074.27 FEES AND COMMISSIONS: Jessica B. Shawver, Executrix's Commission 11,107.19 Flower Law, LLC, Attorney Fees 15,104.56 Total Fees and Commissions: 26 211.75 367,862.52 ADDITIONAL PRINCIPAL RECEIPTS: Household furnishings: Proceeds sale of shelves and small desk, to neighbors: 150.00 Proceeds sale of remaining items, Rowe's auction: 1,912.30 Total additional receipts: 2,062.30 369,924.82 ADDITIONAL ADMINISTRATIVE EXPENSES: County/Loca12012rea1 estate taxes .540.67 Terry Lindsey, trash removal/hauling 675.00 Karon Conrad, house cleaning 70.00 USPS, mail family photos & slides to John Stokes 8.77 PPL, bill 9/28/12 58.62 PPL, bill through 10/10/12 63.09 PPL, final bill through 10/16/12 7.37 Register, account filing & publication fees 345.00 Total additional administrative expenses: (1,768.57) 368,156.30 RECEIPTS OF INCOME: Net Proceeds MorganStanleySmithBarney 224,537.00 Acquisition value, funds on deposit at MSSB (221,904.84) Total net gain/loss & investment income: 2,632.17 370,788.47 4~E'a~e Mabel M. Stone Estate First and Final Account COMBINED BALANCE FOR DISTRIBUTION: ADVANCE, PARTIAL DISTRIBUTIONS: JAMES W. STOKES JOHN W. STOKES CLINTON E. STOKES, JR. RICHARD L. STOKES EDWARD M. STOKES CAROL ANN KALLENBERGER HOLLY NOEL EDWIN L. STONE Total advance distributions: PROPOSED SCHEDULE OF DISTRIBUTION: CRYSTAL CATHEDRAL Ministries ZION UNITED CHURCH OF CHRIST (Blain) (New Bloomfield) UNITED METHODIST CHURCH BETHESDA MISSION (Harrisburg) JAMES W. STOKES JOHN W. STOKES CLINTON E. STOKES, JR. RICHARD L. STOKES EDWARD M. STOKES CAROL ANN STONE KALLENBERGER HOLLY NOEL EDWIN L. STONE TOTAL DISTRIBUTION: 28,141.48 28,141.48 56,282.97 28,141.48 28,141.48 18,760.99 18,760.99 18,760.99 (225,131.86) Share Amount 5 % 18,539.42 13 %2 % 50,056.44 5 % 18,539.42 8 %Z % 31,517.02 8 '/z % 3,375.54 8 '/z % 3,375.54 17 % 6,751.07 8 '/2 % 3,375.54 8 '/s % 3,375.54 5 2/3 % 2,250.36 5 2/3 % 2,250.36 5 2/3 % 2,250.36 October 26, 2012 370,788.47 145,656.61 (145,656.61) 00.00 S~Pa~e Mabel M. Stone Estate First and Final Account October 26, 2012 COMMONWEALTH OF PENNSYLVANIA ) ' SS. COUNTY OF CUMBERLAND ) Jessica B. Shawver, Executrix under the Last Will and Testament of Mabel M. Stone, 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. Sworn to and subscribed before me this ~~day of (% , 2012. t~ Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL THOMAS E. FLOWER, Not~y Public Carlisle Boro., Cumberland CCounty My CommissioaExpi[es_(ktober 26, 2014 ., _. 6~Pagc