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HomeMy WebLinkAbout04-07-14Estate of Barbara Joan Smith deceased NO. Z1 `7 PETITION FOR SETTLEMENT OF SMALL ESTATE Pursuant to Section 3102 of the Probate, Estates, and Fiduciaries Code, the undersigned petitioner respectfully represents that: 1. The name and address of the petitioner are: Dorene L. Koons 77 West Pine Street Palmyra, PA 17078 2. The relationship of the petitioner to the decedent is: Cousin 3. The decedent died on: September 27, 2013 4. The decedent was domiciled at time of death in Cumberland County, Pennsylvania, with a last family or principal residence at: 16 South Enola Drive, Unit 202, Enola, PA 17025 5. The decedent's social security number is: 578 -64 -1925 6. The death certificate is attached hereto. 7. The decedent died: ❑ a. intestate D s = rn M C10 c o 6-) C> James Proctor Low Office, LLC rTi - f y t rn 35 East High Street, Suite 202 -- Carlisle, PA 17013 717.559.0123 -3 C-) -r"1 y 4L r71 C=) °,ti COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PIONSYLV*kNA ORPHAN'S COURT DIVISION co Estate of Barbara Joan Smith deceased NO. Z1 `7 PETITION FOR SETTLEMENT OF SMALL ESTATE Pursuant to Section 3102 of the Probate, Estates, and Fiduciaries Code, the undersigned petitioner respectfully represents that: 1. The name and address of the petitioner are: Dorene L. Koons 77 West Pine Street Palmyra, PA 17078 2. The relationship of the petitioner to the decedent is: Cousin 3. The decedent died on: September 27, 2013 4. The decedent was domiciled at time of death in Cumberland County, Pennsylvania, with a last family or principal residence at: 16 South Enola Drive, Unit 202, Enola, PA 17025 5. The decedent's social security number is: 578 -64 -1925 6. The death certificate is attached hereto. 7. The decedent died: ❑ a. intestate D 2 b. testate If the decedent died testate: ❑ i. the will has been probated, and a copy is attached hereto. Letters have been issued to: 0 ii. The will has not been probated and the original will is attached hereto [If not attached, explain.] The personal representatives(s) named therein is (are): Dorene L. Koons 8. The name(s), relationship(s), and interest(s) of all parties beneficially interested in the estate are: Sui Juris Name Relationship Interest es or no Harry W. Fetter Uncle Bequest yes Tina Fetter Aunt Bequest yes 9. A spouse's elective share: 0 a. has not been claimed ❑ b. has been claimed. [Give details.] 10. If the decedent died testate, the decedent: 2 a. was not married or divorced after the date of execution of the will ❑ b. was married or divorced after the date of execution of the will. [Give details.] 11. If the decedent died testate, the decedent: 0 a. did not have a child or children born or adopted after the date of execution of the will ❑ b. had a child or children born or adopted after the date of execution of the will. [Give the name and date of birth or adoption of each such child.] Name Date of Birth or Adoption 12. The decedent died owning property (exclusive of real property and property payable under Section 3101 of the Probate, Estates, and Fiduciaries Code) of a gross value not exceeding $50,000, which is itemized below. Item Amount Checking account, Santander Bank Acct. 4921709226 $ 1.060.33 Money market savings account, Santander Bank, Acct. #2334084190 571.14 Automobile (2005 Hyundai Elantra) 2,971.00 Refund of apartment security deposit 402.00 Refund of auto insurance premium 71.75 Refund of home insurance premium 14.25 Rent rebate 500.00 Household furnishings 200.00 Prepaid funeral expenses, credits, discounts 1,823.00 Computer equipment 165.00 Refrigerator 200.00 Total $ 7,978.47 13. An itemized statement of all claims against the estate is set forth below: a. The following person(s) claim(s) the family exemption under Section 3121 of the Probate, Estates, and Fiduciaries Code by virtue of being a member of the same household as the decedent: Amount or Name Relationship Items Claimed R Total $ 0.00 b. The following persons claim reimbursement for debts, expenses, and other claims (including inheritance tax, if applicable) they have paid with their own funds: Nature of Person Claiming Date of Debt or Reimbursement Payment Payee Expense Amount Dorene Koons 9/28/13 Harrisburg Patriot News Obituary notice $ 111.42 Dorene Koons 10/07/13 Auer Cremation Open gravesite 400.00 Dorene Koons 10/31/13 Commonwealth PA Death certificates (2) 24.00 Dorene Koons 9/28/13 Barry Funeral fuel expense 100.00 Dorene Koons 9/28/13 Reuben Funeral fuel expense 70.00 Dorene Koons 1/30/14 Register of Wills Filing fees 73.50 Total c. The following claims remain unpaid: (- nimnnt James L. Proctor, Jr. West Shore EMS — ALS Verizon Wireless Phillips & Cohen Associates AscensionPoint Recovery Services, LLC CapitalOne Nature of Claim Attorney fees Medical services Cell phone Collection — Credit card Collection — Credit card Credit card Amount $ 778.92 $ 280.00 1,276.34 98.33 877.29 128.48 384.44 Total $ 3,044.88 14. 0 a. All claims are undisputed ❑ b. The following claims are disputed: [Give details.] 15. The petitioner has paid or will cause to be paid all Pennsylvania inheritance tax due on all property to be awarded under this petition. 16. All parties beneficially interested in the estate, other than the petitioner, including all holders of claims that are denied, or, in the case of an insolvent estate, all holders of claims who will not be paid in full, have: 0 a. signed the joinder in this petition which is hereto attached; or ❑ b. will be mailed at least ten (10) days written notice of the date, time, and place of the Orphans' Court audit session at which the petition will be ruled upon by the Court; a list of names of claim holders being given notice, and a certification of notice, will be provided at the Audit. 17. Your petitioner proposes: a. that the family exemption, if any, be paid or satisfied as follows: None b. that the following claims be paid: Claimant Nature of Claim Amount Commonwealth of Pennsylvania Dorene L. Koons James L. Proctor, Jr. West Shore EMS — ALS Verizon Wireless Phillips & Cohen Associates AscensionPoint Recovery Services, LLC CapitalOne Item Inheritance tax Reimbursements Attorney fees Medical services Cell phone Collection — Credit card Collection — Credit card Credit card Total c. the balance, if any, be distributed as follows: Household furnishings - Dorene Koons Computer equipment — Dorene Koons Refrigerator — Dorene Koons Equity in automobile — Harry and Tina Fetter Total $ 349.75 778.92 280.00 1,276.34 98.33 877.29 128.48 378.32 $ 4,167.43 Amount $ 200.00 165.00 200.00 1,423.04 Signature of Petitioner Typed Name: Dorene L. Koons x , Signature of Attorney for Petition r yped Name: James L. Procto , upreme Court I.D. No. :312202 Office Address: 35 East High Street, Suite 202 Carlisle, PA 17013 Telephone Number: (717) 559 -0123 LAST WILL AND TESTAMENT OF BARBARA J. SMITH I, BARBARA J. SMITH, of Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this to be my Last Will and Testament hereby revoking and making void all previous Wills and Codicils heretofore made by me. FIRST The expenses of my last illness and funeral shall be paid from the property of my estate. SECOND I give, devise and bequeath the rest, residue and remainder of my estate, together with all insurance proceeds thereon of whatsoever nature and wheresoever situate as follows: a. Fifty (50 %) Percent to my cousin, DORENE L. KOONS, or her survivors in the event she pre - deceases me; and b. Fifty (50 %) Percent to my uncle and aunt, HARRY W. FETTER and TINA FETTER, or their survivors in the event they pre- decease me. THIRD I grant my personal representative the following powers in addition to and not in limitation of such powers as my personal representative shall hold by law: 1 a. To sell or otherwise dispose of any property, real or personal, tangible or intangible, at any time forming a part of my estate in any manner and on such terms and conditions as my personal representative shall see fit in her absolute discretion; b. To borrow money for the payment of taxes or for any other proper purposes in the administration of my estate, and to mortgage or pledge estate assets as security; c. To compromise claims without court approval including, but not limited to, any controversies with the United States of America or the Commonwealth of Pennsylvania concerning estate and inheritance taxes on any interests that may pass under this my Last Will and Testament; d. To distribute in cash or in kind upon any division or distribution of my estate; e. To undertake any and all acts deemed necessary and proper by my personal representative for the proper, advantageous and prompt management of the settlement of my estate; and f. In general, to exercise all powers in the management of my estate which any individual could exercise in the management of similar property owned in his own right, upon such terms and conditions as to her may seem best and to execute and deliver all instruments and to do all acts which she deems necessary or proper to carry out the purposes of this, my Last Will and Testament. N FOURTH I nominate, constitute and appoint my cousin, DORENE L. KOONS, as personal representative of this my Last Will and Testament. In the event she is unwilling or unable to serve as personal representative of this my Last Will and Testament, I nominate, constitute and appoint my aunt, TINA FETTER. I direct that my personal representative shall not be required to give or post bond for the faithful performance of her duties in this or any other jurisdiction. IN WITNESS WHEREOF, I hereunto set my hand to this my Last Will and Testament this day of '2010. fil WITNESS: 3 BARBARA J. SMITH ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF Cu M 13e)ZL 0 I, BARBARA J. SMITH, the Testatrix whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament; that I signed it willingly, and that I signed it as my free and voluntary act for the purposes therein expressed. BARBARA J. SMITH Sworn or affirmed and acknowledged before me by BARBARA J. SMITH, the Testatrix, this 1$ day of ^000 12010. NOTARIAL SEAL Susan B. Broomer, Notary Public City of Mechanicsburg, Cumberland County My commission expires February 19,1013 NOTARY PUBLIC 4 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF GUMe6tZl.. C' WE, SS. R osc and V 0 NA-r1A A1J "-� eV& 0 , the witnesses whose names are attached to the foregoing document, being duly qualified according to law, do depose and say that we were present and saw Testatrix sign and execute the instrument as her Last Will and Testament; that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testatrix signed the Last Will and Testament as witnessed and that to the best of our knowledge the Testatrix was at the time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. 2010. Sworn or affirmed and subscribed before me by V— a 9 S E 6, 6; K- and this 18 day of Au&()1�1— , NOTARIAL S Ssan B. Broomer, Notary Publk City of Mechanicsburg, Cumberland Cooly My commission expires February 19, 2013 NOTARY PUBLIC Verification The undersigned petitioner hereby verifies, subject to the penalties of 18 Pa. C.S.A. § 4904 (relating to unworn falsification to authorities), that the facts set forth in the foregoing petition which are within her knowledge are true, and, as to the facts based on information received, after diligent inquiry, she believes them to be true. U DO NE L. KOONS Joinder We, the undersigned, being parties other than the petitioner beneficially interested in the estate of the foregoing decedent, do hereby certify that we have read the foregoing petition and join the prayer thereof. Itemized List of Disbursements Made Prior to Filing of Petition Estate of Barbara Joan Smith Payor Amount Type of Payment Estate of Barbara J. Smith $ 1,695.00 Cremation Estate of Barbara J. Smith $ 35.00 Ivory plastic container Estate of Barbara J. Smith $ 45.00 Death notice (partial payment) Estate of Barbara J. Smith $ 30.00 Coroner cremation approval fee Estate of Barbara J. Smith $ 18.00 Preliminary death certificates Dorene Koons $ 111.42 Death notice (partial payment) Dorene Koons $ 400.00 Open gravesite Dorene Koons $ 24.00 Final death certificates Dorene Koons $ 170.00 Fuel expenses for funeral Dorene Koons $ 73.50 Filing fees