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
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James Proctor Low Office, LLC rTi -
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35 East High Street, Suite 202
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Carlisle, PA 17013
717.559.0123
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PIONSYLV*kNA
ORPHAN'S COURT DIVISION
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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