Loading...
HomeMy WebLinkAbout02-02-07 DECEDENT'S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ORPHANS' COURT DMSION ESTATE OF Jeannette M. Gottshall , DECEASED No. 21-06-0068 PETITION FOR ADJUDICATION I STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.C. Rule 6.9 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 the 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: Stephen 1. Hogg Supreme Court LD. No.: 36812 Name of Law Firm: Law Offices of Stephen J. Hogg Address: 19 South Hanover Street, Suite 101, Carlisle, P A 17013 Telephone: (717) 245-2698 Fax: (717) 245-0829 () Go " --:r::) i _~f~,D ,c .0'; ['1 .J..J ,.,.....'. r"...,~ ~- - :-:-..1 ~ I ('..) _.: ,,"- c. ,.~~~ - 1 '\ ..- ..-J . --1 -'.l )..:.~ ~: -'::'" ("0 .r:- (J\ Farm OC-O J rev. J 0.13. 06 Page 1 ofl 0 Estate of Jeannette M. Gottshall , Deceased 1. Name(s) and addressees) ofPetitioner(s): Name: Sandra B. Dean Address: 2010 Manada Street Harrisburg, PA 17104 Identify any executors or administrators who have not joined in the Petition for Adjudication and Statement of Proposed Distribution and state reason: Is this the first accounting by this fiduciary? . . . . . . . . . . . . . . . . . . . .. fl] Yes 0 No If not, identify prior accountings, the accounting periods covered, and the date of adjudication of the prior accounting. 2. Decedent died on October 31, 2005 fl] Letters Testamentary or DLetters of Administration were granted to Petitioner(s) on January 24. 2006 Date of Will (ifapplicable): February 21,2005 Date(s) ofCodicil(s) (if applicable): Date of probate (if differentfrom date Letters granted): September 12,2005 Was a bond required? oY es 0 No If yes, state amount: Are proofs of advertising of the grant of Letters attached? ......... 0 Yes 0 No Dates of advertising of the grant of Letters: 02/02/06, 02/09/06, 02/16/06, ()~/10/06 02/17/06, 02/24/06 Form OC-OI rev. 10.13.06 Page 2 of 10 Estate of Jeanette M. Gottshall , Deceased 3. Was decedent survived by a spouse? ............................. DYes IZlNo If yes, name of the surviving spouse: 4. Has the surviving spouse filed to take an elective share? ............ . DYes D No (See Section 2201 et~. 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 (ifnone, so state): 6. Did decedent marry after execution of Will or Codicil(s)? . . . . . . . . . .. DYes IZl No Were any children born to decedent after execution of Will or Codicil(s)? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DYes IZl 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? . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. IZlYes D No Form DC-Ol rev. 10.13.06 Page 3 of! 0 Estate of Jeanette M. Gottshall , Deceased 8. Written notice of the Audit as required by Pa. D.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. D.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. D.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 ): Name and Address of Each Party in Interest ReJationshiTJ and Comments, if any Interest Sandra B. Dean 2010 Manada Street Harrisburg, P A 17104 Daughter $4046.07 (20% less advance pmt. of$I,842.45) Barry Siple 178 Jo-Lee Drive Middletown, P A 17057 Son $3088.52 (20% less advance pmt. of($2800.00) Form OC-OJ rev. 10./3.06 Page 4 of 10 Estate of Jeannette M. Gottshall , Deceased Name and Address of Each Partv in Interest Re/ationshiD and Comments. if arry Interest Penny MacDonald 1035 SchwangerRoad, Apt. 13 Elizabethtown, P A 17022 Daughter $4,944.38 (20% less advance pmt. of$944.14) Wayne Gotshall Lot 94, Leiby's Parkway 7073 Carlisle Pike Carlisle, P A 17013 Son $5,888.52 (20%) 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. C. State why a Petition for Guardian/Trustee Ad Litem has or has not been filed for this Audit (~ee Pa. o.c. Rule 12.4). No minors or incapacitated persons. 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. Form OC-OI rev. 10.13.06 Page 5 ofl 0 Estate of Jeannette M. Gottshall , 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 Paid In Full? DYes DYes DNo DNo DYes DYes DNo DNo DYes DYes DNo DNo DYes DYes DNo DNo If the estate is insolvent, attach a schedule setting forth the order of preference under 20 Pa.C.S. S 3392 and the proposed payments. 11. Was family exemption claimed? ..................... . . ..... . ... DYes IZINo DYes DNo Was family exemption allowed? ........ ... .......... .. ..... . .. . Family exemption claimant's name and relationship: Name: Relationship: Form OC-Ol rev. 10.13.06 Page 6 of 10 Estate of Jeannette M. Gottshall , Deceased 12. The amount of Pennsylvania Transfer Inheritance Tax and additional Pennsylvania Estate Tax paid, the date(s) ofpayment(s), and the interest(s) upon which paid, are as follows: , Date Payment Interest 09115/2006 1,124.66 9.72 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 ofa fiduciary? . . '" . . . . " . . . . . . . . DYes 1ZI 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: B. Has notice of the question requiring adjudication been given to the parties identified in Paragraph 9 above? .................. 0 Yes 0 No 15. IfPetitioner(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-OI rev. 10.13.06 Page 7 of 10 Estate of Jeannette M Gottshall . Deceased 16. Had the decedent been adjudicated an incapacitated person? .... . . . . . . 0 Yes IZ'! 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. B. Has notice of the additional receipts and disbursements been given to the parties identified in Paragraph 9 above? ............. DYes 0 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? ........................................ DYes IZINo If so, attach a copy of the notice. 19. Is the Court being asked to direct the filing ofa Schedule of Distribution? .......... ................ IZ'!Yes DNo As to real estate only? ................................ DYes IZINo Form OC-OJ rev. JO.13.06 Page 8 of 10 Estate of Jeannette M. Gottshall , 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) Sandra B. Dean Barry Siple Penny McDonald B. Principal: Proposed Distributee(s) Amount/Proportion 20% 20% 20% Amount/Proportion Submitted By: (All petitioners must sign. Add additional lines ifnecessary): ~&Q.. ~ ~ Name of Petitioner: Sandra B. Dean Name of Petitioner: Form OC-OJ rev. JO.13.06 Page 9 of 10 Estate of Jeannette M. Gottshall , Deceased Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that he/she she of the above-named name of corporation Estate is title Executrix 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. g 4904 (relating to unsworn falsification to authorities). ~~~~ Signature of Petitioner * 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 hav been made beyond the responses herein. Form DC-OI rev. 10.13.06 Page 10 of 10 Attachment to Pae:e 9 Wayne Gottshall Bonnie Basom 20% 20% ... ....... Attachment to Item #9 Bonnie Basom 479 2nd Avenue Highspire, P A 17034 Daughter $5,888.52 (20%) PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No.5 87, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA 55. 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, V1Z: February 10,17,24,2006 Affiant further deposes that he is authorized to verify this statement b:' the Cum~ ....lld Law Journal, a legal periodical of general circulation, ;:-u.l '~at he is nOt inte':" ~he .:>.. matter of the aforesaid notice or advertisement, and that all allegation~ a l".~ i':J1\;:got.'6 statements as to time, place and character of publication are true. Gottshall, Jeannette M., dec'd. Late of Carlisle. Administratrix: Sandra B. Dean. 2010 Manada Street, Hanisburg, PA 17104. Attorney: Stephen J. Hogg, Es- quire, 19 S. Hanover Street, Suite 101, Carlisle, PA 17013. ..--, //\ ~/Ll ( __ Lisa Marie Coyne Ed: ~vr I . SW~TO AND SUBSCRIBED before me this 24 day of February. 2006 ~~~)~. _J//J~PA/ Notary , , PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tanunv Shoemaker, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that TIlE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established Deceplber 13th, 1881, sll1ce 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) February 02,09,16,2006 COpy OF NOTICE OF PUBLICATION Sandra B. Dean 2010 Manada Street Harrisburg, PA 17104 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 ~~jz~~( NOTICE OF ADMINISTRATION . Letters of Administration on the Estate of JEANNETTE M. GOTTSHALL, late of Cumberland County, Carlisle, PA, deceased. have been granted to the undersigned. All persons knowing themselves to be indebted to said Estate will make payment immediately, and those having claims will present them for settlement to: Orto: Stephen J. Hogg, Esquire 19 South Hanover Street Suite 101 Carlisle, PA 17013 ' Sworn to and subscribed before me ~l-,;,;: 22nd day of February 2006. r I) My con, ission eXF::"~s: q!, /(/r COMMONWEALTH OF PENNSYLVANIA Notarial Seal Chnslina L Wdfe. Notary Publ"1C D>riic;!e Bero. Cumber1and County My G...."mmisSlOO Expires 5er". 1, 2008 Member. r'ennsylvania Association Of Notaries .' , -~---_. .---. REGISTER OF WILLS CUMBERLAND County, Pennsylvania CERTIFICATE OF GRANT OF LETTERS No. 2006-00068 PA No. 21-06-0068 Esta te Of: JEANNETTE M GOTTSHALL (First. Middle.' Lastl Late Of: SIL VERSPRING TOWNSHIP CUMBERLAND COUNTY Deceased Social Security No: 196-14-0190 WHEREAS, on the 24th day of January 2006 an instrument dated February 21st 2005 was admitted to probate as the last will of JEANNETTE M GOTTSHALL (First. Middle. Lastl late of SIL VER SPRING TOWNSHIP, CUMBERLAND County, who died on the 31st day of October 2005 and, WHEREAS, a true copy of the will as probated is ~nnexed hereto. THEREFORE, I, GLENDA FARNER STRASBAUGH Register of Wills in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARY to: SANDRA B DEAN who has duly qualified as EXECUTOR(RIX) and has agreed to administer the estate ac,-.rdin;;j cc law, all :n which fully appears of record in my office a t CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYL VANIA. IN TESTIMONY ~~EREOF, I have hereunto set my hand and affixed the seal of my office on the 24th day of January 2006. Jjttn it'--.ft;t/l/UU h-ik2-t'4l'J I Register of Wills t...- ~ e,t&~ ~11 '/JfJc/( j / Deputy i **NOT'* /, _::'_~L NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)