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HomeMy WebLinkAbout01-15-14 7d DECEDENT'S ESTATE COURT OF COkIMON PLEAS OF c o m n 0 0 Cumberland COUNTY. PENNSI'LVE12Ao a C ORPHANS' COURT DIVISION m rn x' U oC' o c n ESTATE OF Evelyn K. Craig _- DECE,AED J o c..� U' m 21-10-1133 co No. PETITION FOR ADJUDICATION / STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.C. Rule 6.9 This form may be used in all cases invoNing the Audit of the Account of a Decedent's Estate. If space is insufficient, riders naav be attached. Attach the spouse's election, if any; the papers required under items 8-19 inclusive; and any instrun7ent pertinent to the adjudication. INCLUDE ATTACHMENTS AT THE BACK OF THIS FORM. Name of Counsel:William. P. Douglas, Esquire Supreme Court I.D. No.: 37926 Name of Law Firm: Douglas Law Office Address: 43 W. South St. Carlisle, PA 17013 Telephone: _ 777- 4 -1790 Fax: 717 N3 8955 FOIIiIOC-01 ....701306 Page I of 10 Estate of Evelyn K. Craig Deceased I . Name(s) and address(es) of Petitioner(s): William P. Douglas, Attorney N....w,. 43 W. Sough St. , Carlisle, PA 17013 ndd,,s, 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? . . . . . . . . . . . . . . . . . . . . . E]Yes ©i No If not, identify prior accountings,the accounting periods covered, and the date of adjudication of the prior accounting. 2. Decedent died on August 31, 2010 E] Letters Testamentary or QLetters of Administration were granted to Petitioner(s) on Date of Will (if applicable): Date(s) of Codicils) (if applicable): Date of probate (if dill'erentfroin date Letters granted): Was a bond required? DYes [n No If yes, state amount: Are proofs of advertising of the grant of Letters attached? . . . . . . . . . ElYes E] No Dates of advertising of the grant of Letters: Evening Sentinel, Dec. 3,10,17, 2010; Cumberland Law Journal, Nov. 26, Dec.3, Dec. 20,2010 Form OC-01 rev.10.13.06 Page 2 Of 10 Estate of Evelyn K. Craig , Deceased 3. Was decedent survived by a spouse? . . . . . . . . . . . . QYes © No . . . . . . . . . . . . . . . . . If yes, name of the surviving spouse: 4. Has the surviving spouse filed to take an elective share? . . . . . . . . . . . . . E]Yes O 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): None 6. Did decedent marry after execution of Will or Codicil(s)? . . . . . . . . . . . El Yes Q No Were any children born to decedent after execution of Will or Codicil(s)? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . QYes 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? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . MYes Q No Form OC-01 rev.10.13.05 Page 3 Of 1 0 r � Estate of Evelyn K. Craig 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 sari 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 55. 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 Relmimishr/s and Giramena' ifam trsterrvt See attached list of 16 nieces and nephews niece or nephew., 1/16 share of residue Form OC-01 rev.10.1.3 06 Page 4 of 10 Estate of Evelyn K. Craig Dece�tsed Name and Addi'ev,of Etch 1""11,in hae,or. ( Relmtionrhip¢xef Cnrrrmeutr i jatn' � Itftetect B. Identify each party who is not sari 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 re,.10 Page 5 of 10 Estate of Evelyn K. Craig 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 awl Add,er.r))'Each Cl......Wit Amrnmi of Claim Claim LBeIllaild ll Claim Admilt,d' 1a i NONE ElYes QYes ONo QNo FlYes MYes DNo El No MYes DYes EjNo El No Dyes F1 Yes FjNo 0 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? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . QYes QNo Was family exemption allowed? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DYes DX No Family exemption claimant's name and relationship: Name r Releawnship: Form OC-01 rev.1013M Page 6 Of 10 Estate of Evelyn K. Craig 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: Dale Nyweut faterert 9/3/11 40,702.04 8/4/12 4,994.75 12/18/12 407.18 Total paid: $46,013.97 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? . . . . . . . . . . . . . . . . . . . MYes 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 n No N/a 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. Fnrm OC-01 rev.10.13.06 Page 7 of 10 Estate of Evelyn K. Craig Deceased 16. Had the decedent been adjudicated an incapacitated person? . . . . . . . . . . Yes [2 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? . . . . . . . . . . . . . E]Yes E]No 18. If a reserve is requested, state amount and purpose. Amount, Purpose: 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? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . QYes [—]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 QNo As to real estate only? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E]Yes 0 N Fenn OC-01 reo.10.73.06 Page 8 of 10 Estate of Evelyn K. Craig , Deceased Wherefore,your Petitioner(s) ask(s) that dish ibution 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: Propa%ed Diso-ibulee(e) Anmunl/Proportion tF nieces nnd nppbpwg each - 1/16 share of residue See attached list B. Principal: Proposed Dislribmee(v) Amount/Proporlion 16 nieces and nephews each - 1/16 share of residue See attached List Submitted By: William P. Douglas, Esquire (All petitioners must sign. Add additional lines if necessary): Enter Corporate Fiduciary(if applicable): Name of Petitioner: William P. ouglas, Name of Petitioner: Perm oc-m rev.10.13.06 Page 9 of 10 Estate of Evelyn K. Craig Deceased Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby erifies * [that/,,/,/,, he Attorney Y is ,r,r, of the above-named ,,,,,,.eof ... Estate of Evelyn K. Craig 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). l Signature of Petitioner William P. ouglas 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 Counsel for Petitions William P. Douglas Fnrn,OC-01 rev.]0.(3.06 Page 10 Of 10 IN"011CF OF BENEFICIAL I NTERESI IN RE: ESLATEOFF"'ELYNK. IN ESTATE CR "1G, DECEASED BEFORE THE REGISTER OF WILLS, XIO. 21-10-:1733 COUNTY OF CUMBERLAND, O: PENNSYLVANIA Dianne M. Bimick Steven L. Kelley 591 Willow Grove Road 36 Marsh Drive Edward R. Kelley Carlisle. PA 17015 Carlisle. PA 17013 2230 Waggoners Gap Road Leon G_ Kelley Michael B. Keller Carlisle, PA 17015 531 Willow Grove Road 257 Parkway Drive Carlisle, PA 17015 Carlisle. PA 17013 Peggy K. Holsinger 2273 Newville Road Melvin E. Kelley Kristine Gelbaugh Carlisle, PA 17015 1141 McClures Gap 1420 Pine Road Road Carlisle. PA 170]3 Bonnie L. Keck Carlisle, PA 17015 2 Courtney Drive Sanch a Rice Shippensburg, PA Nancy Kelley 89 Hershey Road 17257 1133 Redwood Drive Shippensbrua,PA Carlisle, PA 17013 17257 Roxann K. Marpoe 267 Horseshoe Rd Carol Hurley Dexter O. Kelley Carisle, PA 17015 367 Crossroad School 242 Campground Road Road Carlisle. PA 17015 Linda Gantt Newville. PA 17241 1325 Dalton Loop Rd David E. Kelley Pinnacle, NC 27043 1535 McChares Gap Rd Carlisle. PA 17015 Please take notice of the death of decedent and the grant of letters to the personal representative named below. You may have a beneficial interest in the estate wider the Intestate lases of The Commonkeealth of Pennsylvania. Name of decedent:Evelyn K. Craig Last known address of decedent 1517 McCha'es Cap Road, Carlisle, PA 17015 Date of Death: August 31, 2010 Place of Death: M.S.Hershey Medici] Center, Hershey, Dauphin County, PA Co-�inty of Grant of Original Letters: Cumberland Decedent died: bitestate Name, address and phone number of the personal representatives: William A. Add ams 43 West South Street Carlisle, PA 17013 Name, address and phone number of counsel: William P. Douglas Douglas Law Office 43 W. South St. Carlisle, Pa. 17013 Phone: 717-243-1790 Additional information may be obtained from t endersimaed: William P.Douglas, Esquir - Douglas Law Office 43 W. South St. Carlisle, Pa. 17013 717-243-1790 Dated: November 17, 2010 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Jackie Cox, Retail Sales Manager of The Sentinel, of the County and State aforesaid, being drily 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): December 3,December 10 and December 17 2010 COPY OF NOTICE OF PUBLICATION ADMINISTRATOR'S'NOTICE Affiant further deposes that he/she is not -- -.eers.atAtlminstratiopppbag�t��ypj(rv�a�y[{�� ORAIG„t�e_yfhe interested in the subject matter of the Borough of Carlisle;Comhehland Nunty,peV Ay gnia,deceased,have aforesaid notice or advertisement,and that been granted to the undersigned. MI persons knowing themselves to be indebted to said Estate will make all allegations in the foregoing statement as payment immediately,and those having claims will present them for to time lace and character of publication ' settlement to: - I P A Nilliam A.Addams are trU t3 West South Street , ,artiste,PA 17013 i )ougms P.Douglas,Esquire bugles Law Office 13 West South Street '17-243 PA 17013 '17-24 y for E \Homey for Estate Sworn to and sub 'bed before me this Notary Public My commission expires: NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY My Commission Expires Jan 27, 2014 i PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929),P. L.1784 COMMONWEALTHOFPENNSYLVANIA ss. COUNTY OF CUMBERLAND 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, via: November 26 December 3 and December 10 2010 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. Lisa . arie Coyne, Edi r SW TO AND SUBSCRIBED before me this 10 of December, 2010, C� Notary Craig, Evelyn K., decd. Late of the Borough of Carlisle. Administrator: William A. Ad- dams, 43 W. South Street, Car- lisle,PA 17013. NOTARIAL SEAL Attorneys: William P. Douglas, DEBORAH A COLLINS Esquire, Douglas Law Office, 43 Notary Public W.South St.,Carlisle,PA 17013, {717) 243-1790. CARLISLE BOROUGH,Expires pr 28, COUNTY My Commission Expires Apr 2S,2014 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ORPHANS' COURT DIVISION NO. 21-10-1133 FIRST AND FINAL ACCOUNT OF EVELYN K. CRAIG LATE OF LOWER FRANKFORD TOWNSHIP CUMBERLAND COUNTY,PENNSYLVANIA Date of Death: August 31,2010 Letters Granted: November 15,2010 First Complete Advertisement of November 19,2010 Grant of Letters: November 26,2010 December 3,2010 Second Complete Advertisement of November 26,2010 Grant of Letters: December 3,2010 December 10,2010 DEBITS M � o rnc� 2 C> M z Cn a -.j c7 PRINCIPAL REAL ESTATE: rn rn nz � cn ;;0o T O 6 C_I C'J -'n T Primary Residence -n o c� r rn 1517 McClures Gap Road v w o North Middleton and Lower Frankford Townships 00 rn Cumberland County,PA $112,162.27 4W` PRINCIPAL PERSONALTY: 1 Principal Life dividends $607.26 2 Western Life dividends $284.97 3 Sale of Car— 1992 Dodge Spirit $1,200.00 4 Sovereign Bank Checking Account $4,404.53 5 Loose Change $39.94 7 Western Life Premium $58,088.44 8 Rowe's Auction—Personal Property $6,932.90 9 Sovereign Bank—Checking Account $51,147.69 10 Principal Life dividends $965.83 11 M&T Bank Checking Account $49,374.50 12 Fickel Insurance Agency -Auto Ins. Refund $165.00 13 Restitution from Dauphin County,PA $130.65 14 M&T Bank— Savings Account $48.71 15 Principal Life Premium $25,545.64 16 Nationwide Insurance Funeral Benefit $2,500.00 17 Nationwide Insurance Death Benefit $10,000.00 18 Nationwide Insurance Personal Injury Recovery $50,000.00 19 Adams Electric—Cooperative Payments $236.64 TOTAL PRINCIPAL PERSONALTY $261,672.70 CREDITS The Accountants herein credit themselves with the following: 1 Register of Wills Filing Fees $549.50 2 Nationwide Car Insurance Payment $154.24 3 Sovereign Bank—date of death value fee $20.00 4 Adams Electric—electricity for residence $57.10 5 Kough's heating oil for residence $485.64 6 Douglas Law Office Attorney fee $15,892.00 7 Douglas Law Office Personal Injury Fee $16,666.00 8 Hoffman Roth Fun Home —Funeral Expenses $677.49 9 Cumberland Goodwill —Ambulance bill $649.75 10 Sentinel —Advertising $21940 11 Luke Redcay —Trash Clean up at Residence $120.00 12 RT Carey —Trash Clean up at Residence $386.04 13 Cumberland Law Journal —Advertising $75.00 14 Chapel Pointe— Nursing Home Fee $1,036.00 15 Roxann Marpoe—Reimbursement for Cemetery Fee $375.00 16 Principal Life Reimbursements $371.86 17 PA Dept. of Revenue—Taxes due $142.00 18 William Addams—Administrator's Fee $15,892.00 2 19 Register of Wills —Filing of V and Final Account $677.70 20 Prothonotary — Filing Fee $92.00 21 Register of Wills Agent—Tax Payments $46,103.97 22 Carlisle Propane — Gas for residence 69.68 $100,712.37 RECAPITULATION TOTAL DEBITS $373,834.97 TOTAL CREDITS $100,712.37 BALANCE FOR DISTRIBUTION $273,122.60 William P. Dougla AFFIDAVIT I hereby swear or affirm that the Foregoing is true and correct to the best of my knowledge and/or information and belief. This is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. William P. Douglas 3 ' l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ORPHANS' COURT DIVISION NO.21-10-1133 FIRST AND FINAL ACCOUNT OF EVELYN K.CRAIG LATE OF LOWER FRANKFORD TOWNSHIP CUMBERLAND COUNTY,PENNSYLVANIA STATEMENT OF PROPOSED DISTRIBUTION The accountant herein proposes to distribute the said estate in accordance with 20 Pa.C.S. §2101 et. seq., as follows: BALANCE FOR DISTRIBUTION $273,122.60 To: Leon Kelley $17.070.16 Diane Barrick $17.070.16 Melvin Kelley $17.070.16 Nancy Kelley $17.070.16 Carol Hurley $17.070.16 Steven Kelley $17.070.16 Michael Kelley $17.070.16 Kristine Gelbaugh $17.070.16 Sandra Rice $17.070.16 Dexter Kelley $17.070.16 David Kelley $17.070.16 Edward Kelley $17.070.16 Peggy Holsinger $17.070.16 Bonnie Keck $17.070.16 Roxann Marpoe $17.070.16 Linda Gantt $17.070.16 BALANCE DISTRIBUTED $273,122.60 William P. Douglas 4 AFFIDAVIT I hereby swear or affirm that the Foregoing is true and correct to the best of my knowledge and/or information and belief. This is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. William P. Douglas 5