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HomeMy WebLinkAbout11-20-12 DECEDENT'S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF MARJORIE A. FITZPATRICK No. 2012-00004 DECEASED PETITION FOR ADJUDICATION / STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.C. Rule 6.9 ~" ~~ ~'~ (_ ~ , ,, r ~ ~ i ~ ,- „i_l~ ~; ~, ~,;..r'iL~~'J~ ~v. This form may be used in all cases involving the Audit of the Account of a Decedent's Estate. If space is insufjrctent, 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. INCLUDEATTACHMENTSAT 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 STREET, CARLISLE, PA 17013 Telephone: (717) 243-5513 Fax: 717 241-4021 Form OG01 rev. /0.13.06 Page l of 10 Estate of MARJORIE A. FITZPATRICK 1. Name(s) and address(es) of Petitioner(s): Name: JOHN H. KLINGLER, C.P.A. Address: 1156 WALNUT BOTTOM RD. STE #2 CARLISLE, PA 17015-9130 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 NOVEMBER 12, 2011 ® Letters Testamentary or Letters of Administration were granted to Petitioner(s) on JANUARY 3.2012 Date of Will (if applicable): JULY 22, 2008 Date(s) of Codicil(s) (if applicable): NONE 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 0 No Dates of advertising of the grant of Letters: JAN. 6, 13 & 20, 2012 (The Sentinel); JANUARY 13, 20 & 27, 2012 (Cumberland Law Journal) FormOC-01 rev. 10./3.06 Page 2 of 10 Estate of MARJORIE A. FITZPATRICK 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 s_g. 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): NONE 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-01 rev. 10.13.06 Page 3 of 10 Estate of MARJORIE A. FITZPATRICK 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): Each Parry in /merest G. PATRICK FITZPATRICK BROTHER 1 /2 RESIDUE 2 BERNARD GIBBONS DR. APT # 108 GREAT BARRINGTON, MA 01230 MICHAEL P. FITZPATRICK BROTHER 1 /2 RESIDUE 123 EAST STREET GREAT BARRINGTON, MA 01230 Form OC-01 rev. 10.13.06 Page 4 of 10 Estate of MARJORIE A. FITZPATRICK Deceased Name and Address o Each Par in Interest Relationshi and Comments, t an /merest 1. St. Patrick Catholic Church charitable bequest $500 Pomfret St., Carlisle, PA 2. Project Share charitable bequest $500 Orange St., Carlisle, PA 3. College of Our Lady of the charitable bequest $500 Elms, Class of'S7 fund Chicopee, MA 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 (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. N/A Form OC-01 rev. 10.13.06 Page 5 of 10 Estate of MARJORIE A. FITZPATRICK 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 Patd /n Fu1!? NONE Yes DYes ~No ~ No Yes ®Yes ~No ~No DYes ~ Yes ~No ~ No DYes ®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? ................................ DYes [~No Was family exemption allowed? ................................ DYes ~No Family exemption claimant's name and relationship: Name: Relationship: Form OC-01 rev. 10. /3.06 Page 6 of 10 Estate of MARJORIE A. FITZPATRICK 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 08/15/2012 8,630.79 0 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. 10.13.06 Page 7 of 10 Estate of MARJORIE A. FITZPATRICK 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. NONE 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 of a Schedule of Distribution? .......................... Yes ~No As to real estate only? ........................................ [,Yes ~No Form oc-o! rev. !0.13.06 Page 8 of 10 Estate of MARJORIE A. FITZPATRICK 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) AmoundProportton N/A B. Principal: Proposed Distributee(sJ G. PATRICK FITZPATRICK MICHAEL P. FITZPATRICK Amount/Proportron l/2 1/2 Submitted By: (All petitioners must sign. Add additional lines if necessary): Form OC-01 rev. !0.13.06 Page 9 of lO Name of Petitioner: Estate of MARJORIE A. FITZPATRICK 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. C~~ - __ Signature of Counsel for Petitioner ForneOC-01 rev. 10./3.06 Page 10 of 10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION In Re: Estate of Marjorie A. Fitzpatrick, No. 21-12-0004 deceased Late of Carlisle Borough RELEASE KNOW ALL MEN BY THESE PRESENTS, that PROJECT S.H.A.RE., of 5 N. Orange Street, Carlisle, Pennsylvania, beneficiary named in the Last Will and Testament of Marjorie A. Fitzpatrick, does hereby acknowledge receipt of and from John H. Klingler, Executor of the said decedent's Last Will and Testament, the sum of Five Hundred ($500) Dollars, in full satisfaction and payment of such bequest under Item Third thereof. THEREFORE, PROJECT S.H.A.RE. does by these presents release and forever discharge the said executor, and his successors, of and from the payment of the said bequest. IN WITNESS WHEREOF, the undersigned, being authorized by the governing body of PROJECT S.H.A.REr. to execute this Release on its behalf, has hereunto executed this Release the 1 b"'~ day of '~2b~-u ~~_, 2012. PROJECT S.H.A.RE. Cho u -3'L Ta-~-f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION In Re: Estate of Marjorie A. Fitzpatrick, No. 21-12-0004 deceased Late of Carlisle Borough • RELEASE KNOW ALL MEN BY THESE PRESENTS, that St. Patrick's Catholic Church, of 152 E. Pomfret Street, Carlisle, Pennsylvania, beneficiary named in the Last Will and Testament of Marjorie A. Fitzpatrick, does hereby acknowledge receipt of and from John H. Klingler, Executor, of the said decedent's Last Will and Testament, the sum of Five Hundred ($500) Dollars, in full satisfaction and payment of such bequest under Item Third thereof. THEREFORE, St. Patrick's Catholic Church does. by these presents release and forever discharge the said executor, and his successors, of and from the payment of the said bequest. IN WITNESS WHEREOF, the undersigned, being authorized by the governing body of St. Patrick's Catholic Church to execute this Release on its behalf, has hereunto executed this Release the ~ day of 6~2u..QR.c.~_ , 2012. i~ St. Patrick's h lic Church ~, //~~~~ ~- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION In Re: Estate of Marjorie A. Fitzpatrick, No. 21-12-0004 deceased Late of Carlisle Borough RELEASE KNOW ALL MEN BY THESE PRESENTS, that the Class of'S7 Memorial Scholarship, College of Our Lady of the Elms, of 291 Springfield Street, Chicopee, Massachusetts, beneficiary named in the Last Will and Testament of Marjorie A. Fitzpatrick, does hereby acknowledge receipt of and from John H. Klingler, Executor of the said decedent's Last Will and Testament, the sum of Five Hundred ($500) Dollars, in full satisfaction and payment of such bequest under Item Third thereof. THEREFORE, the Class of 'S7 Memorial Scholarship, College of Our Lady of the Ehns, does by these presents release and forever discharge the said executor, and his successors, of and from the payment of the said bequest. IN WITNESS WHEREOF, the undersigned, being authorized by the governing body of the Class of'S7 Memorial Scholarship, College of Our Lady of the Elms, to execute this Release on ~ r its behalf, has hereuntb executed this Release the ~ day of !" ~~~'//~ ~ 2012. Class of'S7 Memorial Scholarship, College of Our Lady of the Elms B}L~ r( ~/j "1 / f r~ 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 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): January 6 and Tanuary 13 and Tanuary 20 2012 COPY OF NOTICE OF PUBLICATION 4,,. .w. t~`; 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 Sworn to before me this IZ Notary Public My commission expires: ~._ NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY .^v 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: January 13 January 20 and Januar 27 2012 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. Fitspatsie>k, >![arjorie A., deed. Late of Carlisle Borough. Executor: John H. Klingler c/o Thomas E. Flower, Esquire, Flow- er Law, LLC, 10 West High Street, Carlisle, PA 17013. Attorneys: Flower Law, LLC. c ~. ~-- L sa Marie Coyne, Edit r SWORN TO AND SUBSCRIBED before me this 27 of January 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commbsion Expires Apr 28, 2014 ,.,, st ~, .. ;~ y~.:a~ s -U,~,2;+"fTS'ilfk.J.~lV', a FIRST AND FINAL ACCOUNT OF JOHN H. KLINGLER EXECUTOR FOR THE ESTATE OF MARJORIE A. FITZPATRICK NO. 2012-00004 Date of Death: Date of Executor's Appointment: First Complete Advertisement of Grant of Letters Accounting for the Period: F~.,,;,. ~~= ,, , + +F ~. u i iv,l ~T L ~ IS ~ i ~ ~ ~ +-f ^ (~ cu~-~~,~~L~,~~~ co., ~A NOVEMBER 12, 2011 JANUARY 3, 2012 JANUARY 13, 2012 JANUARY 13, 2012 -DECEMBER 7, 2012 Purpose of Account: JOHN H. KLINGLER ,Executor, offers this account to acquaint interested parties with the transactions that have occurred during his 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@Flower-law.com SUMMARY Proposed Distribution to Beneficiaries: $ 54,298.55 Page No. PRINCIPAL: Receipts: 3 128,028.54 Less Disbursements: Debts & Funeral Expenses 3 (30,771.77} 97,256.77 Administrative Expenses 3-4 (16,077.43) 81,179.34 Inheritance Taxes 4 (8,630.79) 72,548.55 Fees and Commissions 4 (18 2, 50.00) 54,298.55 PROPOSED DISTRIBUTION: 54,298.55 Charitable bequests: 4 (1,500.00) 52,798.55 Residuary bequests: 5 (52,798.55) 0.00 2~1'a~; PRINCIPAL RECEIPTS 01/03/2012 House & Lot at 1017 N. Pitt Street $ 75,000.00 M&T Bank, funds on deposit 5,601.88 Cash 1,395.85 Cash in Canadian currency 68.66 Jewelry, net proceeds of sale 119.24 Household goods, net auction proceeds 2,668.03 Sovereign Bank, funds on deposit 29,674.58 01/18/2012 Travelers Ins., vehicle loss settlement 10,892.88 02/17/2012 AARP, member dues refund 33.38 02/10/2012 BCBS, return of unused premium 488.93 02/ 10/2012 AAA, member dues refund 19.13 03/05/2012 Bits&Pieces, subscription refund 17.98 05/01/2012 Federal Income Tax Refund 2,048.00 TOTAL PRINCIPAL RECEIPTS: 128,028.54 PRINCIPAL DISBURSEMENTS DEBTS & FUNERAL EXPENSES: Wells Fargo Home Mortgage Loan, Principal balance paid at settlement 23,232.98 Hoffman Roth Funeral Home: 6,270.00 Less, FDLIC Funeral Insurance payment (2,981.72) Less, FDLIC Funeral Insurance payment (218.99) St. Patrick Catholic Church Cemetery 1,000.00 Obituaries, Flowers, Honoraria, Memorial & etc. 2,969.50 Michael Kline, Irish wake 500.00 TOTAL DEBTS & FUNERAL EXPENSES: (30,771.77) 97,256.77 ADMINISTRATION EXPENSES: Probate Fee 323.50 Executor's Notices 264.54 Short Certificates 16.00 M&T Bank, check printing fee 20.00 AAA, notary fee 2.00 USPS & UPS, shipping and mailing costs 695.05 Prorated Real Estate Taxes returned at settlement (921.44) Donegal Ins., fire & hazard Ins. premium 194.00 Donegal Ins., return of unused premium (180.00) Insurance, return of unused premium (326.00) 1 TIAA-CREF annuities with combined inheritance tax value of $14,425.31, were declared on the estate's inheritance tax return, and the resulting tax was paid. These annuities passed directly to the beneficiaries and are therefore omitted from this account. 3~1?a~e Prudential Home Sales, commission & fees 4,725.00 ' Realty Transfer Tax 750.00 Shaw Law Office, notary & courier charges 40.00 Final sewer/water bill, Borough of Carlisle 103.68 Wells Fargo Home Mortgage, Mortgage debt service payments 6,215.742 Less escrow balance refunded after settlement (29.65) Borough of Carlisle Water/Sewer charges 255.34 PPL 77.78 Carlisle Petroleum, heating fuel 575.85 CenturyLink, phone service 75.77 Classic Drycleaners 863.15 Well Done Lawn Care 490.00 Tyler Reitz, maintenance & cleaning 80.00 Klingler & Assoc., 2011 income tax prep 350.00 Essis & Sons, carpet cleaning 53.00 Lil Wonders Cleaning 280.00 Bouder's Trash Removal 900.00 Local personal income tax 9.12 Filing Fee, Inheritance Tax Return 15.00 Final Account filing fee 130.00 Register's Automation & JCP Fees 15.00 Filing Fee, Petition for Adjudication 15.00 TOTAL ADMINISTRATIVE EXPENSES: (16,077.43) 81,179.34 INHERITANCE TAX Tax payment: (8,630.79) 72,548.55 FEES AND COMMISSIONS: John H. Klingler, CPA, Executor's Commission 10,750.00 Flower Law, LLC, Attorney Fees 7,500.00 Total Fees and Commissions: (18,250.00) 54,298.55 BALANCE FOR DISTRIBUTION: 54,298.55 Specific Charitable Bequests: College of Our Lady of the Elms 500.00 St. Patrick Catholic Church 500.00 Project Share 500.00 Total charitable bequests: (1,500.00) 52,798.55 2 This figure includes principal, interest and payments into escrow for property taxes and fire & hazard insurance. 4~1'ag Residuary bequests: % Share Amount Michael P. Fitzpatrick 50 % 26,399.27 G. Patrick Fitzpatrick 50 % 26,399.28 Total residuarLdistribution: ...................................... Reconciliation to cash on hand: M&T Bank estate account balance: $53,372.05 Items to be disbursed: Register, account filing & advt. fees: (160.00) (52,798.55) Flower Law, reimburse costs advanced: Probate fee: $ 323. SO CL,1 estate notice: 75.00 Tax return filing fee: 1 S. 00 (413. SO) Residuary balance for distribution: $52, 798. SS 5~:1'a~e COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS. John H. Klingler, Executor under the Last Will and Testament of Marjorie A. Fitzpatrick, deceased, hereby declares under oath that he has fully and faithfully discharged the duties of his 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 his 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. John H. ~lingJ~, Executor Sworn to and subscribed before me this /3 day of ~O'1^~Gt 2012. Notary Public COMMONWEALTH OF PCNN:YLVANIA NOTARIAL SEAL THOMAS E. FLOWER, Notary Public Carlisle Boro., Cumberland County My Commission Expires October 26, 2014 6~P~~g~.