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HomeMy WebLinkAbout11-26-12~~~ ;Jq~ ~ r ~~~.~3 DECEDENT'S ESTATE ~~ c ~ .~.. -~-> >; COURT OF COMMON PLEAS OF ~ .-, t.wi : =_ CUMBERLAND COUNTY, PENNSYLVANIA ~; ,., _ ' ORPHAN'S COURT DIVISION `~ ~ ~' ~ ~ ~-, ..,., _;~ =, ~ v . ~~, ESTATE OF MARGARET I. STEELE, DECEASED NO. 21-11-0463 PETITION FOR ADJUDICATION/ STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.C. Rule 69 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 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: Supreme Court I.D. No: Name of Law Firm Address: Telephone: Fax: Stephen D. Tiley, Esquire 32318 Frey and Tiley 5 South Hanover Street, Carlisle, PA 17013 (717) 243-5838 (717) 243-6441 Estate of Margaret I. Steele, Deceased 1. Name(s) and address(es) of Petitioner(s): Name: William A. Steele Address: 700 North Middleton Road Carlisle, PA 17015 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? ........................................... X Yes_No If not, identify prior accountings, the accounting periods covered, and the date of adjudication of the prior accounting. N/A 2. Decedent died on March 22, 2011 -Letters Testamentary or X Letters of Administration were granted to Petitioner(s) on April 12, 2011. Date of Will (if applicable) N/A 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 X No If yes, state amount: N/A Are proofs of advertising of the grant of Letters attached?....... X Yes _No Dates of advertising of the grant of Letters:_Cumberland Law Journal: June 10, 17, & 24, 2011; The Sentinel: June 3 ,10, & 17, 2011 Was decedent survived by a spouse? ......................................... Yes X No If yes, name of surviving spouse: N/A Form OC-Ol rev. 10.13.06 Page 2 of 8 Estate of Margaret I. Steele, Deceased 4. Has the surviving spouse filed to take an elective share?......N/A.... Yes No (See Section 2201 et seg• of the Probate, Estates and Fiduciaries Code) If yes, date of election: N/A 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): William A. Steele 6. Did decedent marry after execution of Will or Codicil(s)?.....N/A......_Yes X No Were any children born to decedent after execution of Will or Codicil(s)? ............................N/A............................................. Yes X No If yes, gives names and dates of birth: Name: Date of Birth: N/A 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?............N/A ................................... Yes X No 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 Form OC-Ol rev. 10.13.06 Page 3 of 8 Estate of Margaret I. Steele, Deceased the names and addresses of the parties receiving such Notice. Copy of Notice to William A. Steele is attached. He is the only party receiving a Notice. His address is set forth at paragraph 1 of this Petition. 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. N/A 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. N/A 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 SS. 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. N/A 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 Partv in Interest Relationship and Comments, ifanv Interest William A. Steele sole child 100% 700 North Middleton Road Carlisle, PA 170013 Form OC-01 rev. 10.13.06 Page 4 of 8 Estate of Margaret I. Steele, 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. N/A 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 be Admitted? paid in full? None _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. N/A 11. Was family exemption claimed? ........................................_Yes X No Was family exemption allowed? ........................................_Yes X No Family exemption claimant's name and relationship: Name: N/A 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: Form OC-Ol rev. 10.13.06 Page S of 8 Estate of Margaret I. Steele, Deceased Date Payment Interest June 14, 2011 $30,000.00 N/A April 4, 2012 $153.98 N/A 13. On the date of death, was the decedent a fiduciary (personal representative,trostee, guardian. agent under power of attorney) or surety on the bond of a fiduciary? ................................._Yes X 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 discharges for the decedent's fiduciary administration of the estate. N/A 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 to the parties identified in Paragraph 9 above? ............... N/A.............. 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. N/A 16. Had the decedent been adjudicated an incapacitated person?.........._Yes X No If yes, attach a copy of the Order if available; otherwise state the Court, term, number, date, and name of Hearing Judge. N/A 17. A. List or attach a separate list of additional receipts and disbursements since the closing date of the Account. None Form OC-01 rev. 10.13.06 Page 6 of 8 Estate of Margaret I. Steele, Deceased B. Has notice of the additional receipts and disbursements been given to the parties identified in Paragraph 9 above? ................_Yes _No NlA 18. If a reserve is requested, state amount and purpose. Amount: 100.00 Purpose: Final Fiduciary Income Tax 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? ................................................ N/A............................_Yes _No If so, attach a copy of the notice. N/A 19. Is the Court being asked to direct the filing of a Schedule of Distribution? ........................................._Yes X No Schedule of Distribution Attached to Account As to real estate only? ....................................................................._Yes X No Schedule of Distribution Attached to the Account applies to real estate and all other property. 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) William A. Steele B. Principal: Proposed Distributee(s) William A. Steele Amount/Proportion 100% Amount/Proportion 100% Form OC-Ol rev. 10.13.06. Page 7 of 8 Estate of Margaret I. Steele, Deceased Submitted By: (All Petitioners must sign. Add additional lines if necessary): Name of Petitioner: Will am A. Steele Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies 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: William A. teele Certificate 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. ~ ~ ~-'~l Step en D. Tiley, Counsel for Petitioner Form OC-Ol rev. 10.13.06 page g o1'g PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Iaclcie Cox, Sales Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTIlVEL, a newspaper of general circulation in the Borough of Cazlisle, County and State aforesaid, was established December 13,1881, since which date THE SENTINEL has been regulazly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regulaz editions and issues of THE SENTINEL on the following day(s): Tune 3, Tune 10 and Tune 17, 2011 COPY OF NOTICE OF PUBLICATION .:~; j ma '~ ~ ' . NaricE eEAd1'Fliglstratlori in UtQ~E9pRrs of ~lAFt4ARET 4 STEELE, late of North tn'Towneblp:Cumb~nd County, Pennaylvanla; deceased. have ,j.' bserr ptented to meunderafgned. ~: z I~mm~edl¢atay a ~os~e navie~ims w~l pres~en~t th~em~fo~e ~'riY9emement eo: ~~~~. WltUam A. Steele, Executor c% Robert 0. Frey,. Esquire ~~..T'. S SOUth FI8floVer.9treet Frey and Tile Carlisle, Pennsylvania 17013 .Attorneys Y .....,. , 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 are true. `r "ls ~ Sworn to and Z~th d ~ My commission expires: NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY Nly Commission Expires Jan 27, 2014 Notary Public 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, viz: June 10 June 17 and June 24 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. ~- isa Marie Coyn Editor Steele, 1![ar~aret I., deed. Late of North Middleton Town- ship. Administrator: William A. Steele c/o Stephen D. Tiley, Esquire, 5 South Hanover Street, Carlisle, PA 17013. Attorneys: Frey and Tiley. SWORN TO AND SUBSCRIBED before me this 24 of June. 2011 -, Gam` Notary NOTARIAL SEAL DE80RAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 IN RE: ESTATE OF MARGARET I. IN THE COURT OF COMMON PLEAS OF STEELE CUMBERLAND COUNTY,PENNSYLVANIA TO: WILLIAM A. STEELE: ORPHAN'S COURT DIVISION FILE NO. 21-2011-0463 AUDIT NOTICE The First and Final Account and Proposed Schedule of Distribution of William A. Steele, Administrator of the Estate of Margaret I. Steele, Deceased has been filed with the Clerk of the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania, and will be called for audit before the Honorable Judges of said Court on JANUARY 8, 2013, at 9:30 a.m., or at the first sitting of the Court thereafter, in Court Room No.1 of the Cumberland County Courthouse, One South Hanover Street, Carlisle, Pennsylvania 17013. Your interest in the Estate consists of: 100%. Cumberland County Rules provide as follows: Objections to an account or to the statement of proposed distribution, or both, must be filed in writing by not later than 9:00 a.m. (prevailing time) of the date fixed for confirmation unless otherwise permitted by the Court prior to confirmation. A copy of the Objections shall be served on the accountant or the accountant's attorney. The Court will be asked to approve the Account and Proposed Schedule of Distribution as stated and to make awards in accordance with the provisions of said proposed Schedule of Distribution, and the intestate provisions of The Probate for the Estates and Fiduciaries Code. A copy of the First and Final Account and Proposed Schedule of Distribution is enclosed. It is not necessary that you or your counsel appear at the audit. However, if you have any objections to any items in the Account and Proposed Schedule of Distribution, or if you disagree with the position the accountant has taken on any claim, it is necessary that you file them in writing as described above. You should also appear at the time and place stated above in person or by counsel. Otherwise the Court will assume that you have no objection and may approve the Account and Proposed Schedule of Distribution as stated. If you have any questions regarding the contents of this letter, the Account and Proposed Schedule of Distribution of the Administrator or the intestate succession rules, please contact the undersigned. Dated: /,~t~~~-~e~t- ~~ ~~~ r `_ ~ - Stephen D. Tiley, Esquire Attorney for Administrator 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 FIRST AND FINAL ACCOUNT OF WILLIAM A. STEELE, ADMINISTRATOR OF THE ESTATE OF MARGARET I. STEELE, LATE OF NORTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, DECEASED DATE OF DEATH: LETTERS TESTAMENTARY ADVERTISED: 3/22/11 CUMBERLAND LAW JOURNAI JUNE 10,17,24, 2011 FILE NO.: THE SENTINEL 21-11-0463 JUNE 3,10,17, 2011 PRINCIPAL RECEIVED -REAL ESTATE Accountant charges himself with the following principal amounts received: Date 2011 22-Mar 12.43 Acres including former double wide mobile home now perminanently affixed to real estate, a rental duplex, and 11 mobile home lots. Carried at Year 2010 Assessed Value 425,900.00 See Deed Recorded at Book "T," Volume 18, Page 453 Property located along North Middleton Road North Middleton Township, Cumberland County, PA Tax Parcel Number: 29-OS-0427-109 TOTAL PRINCIPAL RECEIVED -REAL ESTATE: 425 00.00 PRINCIPAL RECEIVED -PERSONAL PROPERTY Accountant charges himself with the following principal amounts received Date n =' ~ z- _~ .-.,,. ~, I ~~ r ~~ -,-, ; ~-, ~'. !'7 fir'.. J `' 20'11 ~~ _ =~ = ~~ 2-Mar M&T Securities (Pershin Brok A - : , ~ N _ ~ ' , ~ -,. ~ g erage ccount) Account No.: AZD323889 C `- -., --- - __;~ ~~ 1st & final account Margaret I Steele 11 23 12 x1s ~~ . . . Page 1 23.86 MTB Money Market Fund Class A 23.86 11,824.896 Franklin Income Fund Class A 26,36952 22-Mar M&T Bank Personal Checking Account No.: 729124 1 878.72 ~ Accrued Interst to Date of Death 0.01 22-Mar Series EE U.S. Savings Bonds (Various - 16 Total) See Exhibit "F" attached to Inheritance Tax Return Sheet 1 633.72 Sheet 2 217.56 22-Mar Household Personal Property -Miscellaneous 250.00 22-Mar Household Personal Property -Specifically Valued See Exhibit "I" attached to Inheritance Tax Return 3,075.00 1-Apr US Treasury Tax Refund 702.00 (Paid to M&T Checking Account No. 729124) 21-Apr Health Insurance Refund -Guarantee Association 52.68 21-Apr Commonwealth of Pennsylvania -Income Tax Refund - 2010 11.00 14-Jun Insurance Refund - CUNA Mutual Group 13 SO 14-Jun Insurance Refund -Erie Insurance Group 32,00 16-Nov Public Schools Employees Retirement System Pro-Rated Benefits 168.56 2012 1-Jun US Treasury -Federal Income Tax Refund 74,00 26-Jul Refund -Erie Insurance Company 158.00 TOTAL PRINCIPAL RECEIVED -PERSONAL PROPERTY: 33,66 .13 1st & final account Margaret I Steele 11.23.12.x1s Page 2 INCOME RECEIVED Accountant charges himself with the following income amounts received: Date 2011 31-Mar US Treasu De artment A ry p - nnui ant (Paid to M&T Checking Account No. 729124) 1-Apr Interest - M&T Bank Personal Checking Acct. No.: 729124 5-Apr Retirement Distribution Received (Paid to M&T Checking Account No. 729124) 20-Apr Accrued Interest from Date of Death to Date of cashing of United States Savings Bonds 1-May Interest - M&T Bank Personal Checking Acct. No.: 729124 27-May Accrued InteresdDividends from Date of Death to Date Pershing (M&T Securities) Account Closed 3-Jun Interest - M&T Bank Personal Checking Acct. No.: 729124 1-Jul Interest - M&T Bank Personal Checking Acct. No.: 729124 3-Aug Interest - M&T Bank Personal Checking Acct. No.: 729124 9-Sep Interest from 8/3/11 to Date Checking Closed t M&T Bank Personal Checking Acct. No.: 729124 TOTAL INCOME RECEIVED 1st & final account Margaret I Steele 11.23.12.x1s 157.78 0.02 11250 0.00 0.02 678.03 0.02 0.01 0.02 0.00 948.40 Page 3 DISBURSEMENTS Accoutant claims credit for the following amounts paid: Date 2011 22-Mar Checks Cleared After Death - M&T Bank Personal Checking Account No.: 729124 -Closed Sept. 9, 2011 ` 4/4/11: MBI, Inc 29 80 7/1/11: Bank Service Fee . 14.00 8/3/11: Bank Service Fee 14.00 9/9/11: Bank Service Fee 14.00 2-May PP&L 98.29 2-May Dish Network 57.23 2-May CenturyLink 69.07 10-May M&T Bank -Check Printing Fee 13 SO 20-May Kough's Oil Service 634.92 20-May William A. Steele -Reimburse forASG Security 30.60 20-May William A. Steele -Reimburse for Funeral Luncheon 345.15 20-May Ewing Brothers Funeral Home 4,990.24 20-May Spring Road Family Practice 10.00 20-May William A. Steele -Reimburse for 4/5/11 Payment to Dorothy Steele -Care of Margaret Il Steele 1000.00 20-May Dorothy Steele -Care of Margaret I. Steele 7,250.00 20-May Probate Fees -Reimburse Frey and Tiley 55050 20-May York Waste Disposal #611 42 00 14-Jun Register of Wills, Agent Inheritance Tax on Account 30,000.00 `' 14Jun Refund -Republic Services Inc. c/o Awin Mgmt, Inc, c/o Allied Waste Services (Must be York Wast Disposal) (42,00) 9-Sep Commonwealth of Pennsylvania 5.00 1st & final account Margaret I Steele 11.23.12.x1s Page 4 9-Sep Register of Wills -Short Certificate 4 ~ 9-Sep Advertising -The Sentinel -Reimburse Frey & Tiley 178.92 9-Sep Advertising -Cumberland Law Journal -Reimburse Frey & Tiley 75,00 2012 4-Apr Register of Wills, Agent -Additional Inheritance Tax ~ 153.98 4-Apr Register of Wills -Filing Fee -Inheritance Tax Return 15.00 16-Apr PA Department of Revenue -Year 2011 Personal Income Tax 72,00 2-Aug Refund - CenturyLink, Inc. (6 ~~ 23-Nov Frey & Tiley -Attorney's Fee 12,900 00 23-Nov Register of Wills -Filing Fee for Account 330.00 23-Nov Recorder of Deeds -Record Decree Awarding Real Estate 62 00 Paid to Frey & Tiley as a pass through , 23-Nov Reserve for Final Fiduciary Income Tax 100 ~ Paid to Frey & Tiley TOTAL DISBURSEM ENTS 59,010.80 RECAPITULATION Total Principal Received -Real Estate 425,900.00 Total Principal Received -Personal Property 33 660.13 Total Income Received 948.40 Total Receipts 460,508 S3 Less Total Disbursements 59,010.80 Balance for Distribution 401,497.73 1st & final account Margaret I Steele 11.23.12 x1s . Page 5 PROPOSED SCHEDULE OF DISTRIBUTION 1) William A. Steele 700 North Middleton Road Carlisle, PA 17013 100% of Estate Pursuant to Paragraphs 4 & 4 of Will Real Estate -Distributed In-Kind Household Personal Property -Miscellaneous - In-Kind Household Personal Property -Specifically Valued Remaining Distribution $30,000.00 Loan 6/16/11 for Inhitance Tax less Remaining Distribution of $27,727.27 equals a final partial repayment to William A. Steele of $2,272.73 Total Distribution: 425,900.00 250.00 3,075:00 (27,727.27) 401,497.73 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERALND . SS.. Before me, the undersigned officer, personally appeared William A. Steele, Executor of the Last Will and Testament of Margaret I. Steele, Deceased, who, being duly sworn according to law, desposes and says that the foregoing First and Final Account and Proposed Schedule are true and correct to the best of his knowledge, information and belief. Sworn to and subscribed before me this~~y of /Z~v~~s~~^.20/~ ./ \ n 1st & final account Margaret I Steele 11.23.12.x1s n~as Aoeeer ~ ~-~Me ~ohaa~ar~wa.~r , waor..ar~.~ ~ Page 6