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HomeMy WebLinkAbout02-09-07 DECEDENT'S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ORPHANS' COURT DIVISION ESTATE OF Meriam M. Wiker I OL LIS ':L. bO No. 21-06-0154 , DECEASED 20 .- :J . .'.) PETITION FOR ADJUDICATION / 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 J. Hogg Supreme Court J.D. No.: 36812 Name of Law Firm: Law Offices of Stephen 1. Hogg Address: 19 South Hanover Street, Suite 101, Carlisle, PA 17013 Telephone: (717) 245-2698 Fax: (17) 245-0829 Form OC-OJ rev. JO.13.06 Page 1 of 10 1'""':> c:=.) c::.) _J ...,., n-, :...;.:J 1 \.D t:=) N Estate of Meriam M. Wiker , Deceased 1. Name(s) and addressees) ofPetitioner(s): Name: Linda M. Lefko Address: 568 West Saxony Drive Exton, P A 19341 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? . . . . . . . . . . . . . . . . . . . .. Ii] Yes D No If not, identifY prior accountings, the accounting periods covered, and the date of adjudication of the prior accounting. 2. Decedent died on January 29,2006 Ii] Letters Testamentary or DLetters of Administration were granted to Petitioner(s) on Februarv 16.2006 Date of Will (if applicable): November 6, 2003 Date( s) of Codicil( s) (if applicable): Date of probate (if differentfrom date Letters granted): Was a bond required? DYes Ii] No If yes, state amount: Are proofs of advertising of the grant of Letters attached? ......... Ii] Yes D No Dates of advertising of the grant of Letters: 02/18/06 02/25/06 03/04/06 03/03/06 , , , 03/10/06,03/17/06 Form OC-OJ rev. 10.13.06 Page 2 of 10 Estate of Meriam M. Wiker , Deceased 3. Was decedent survived by a spouse? ............................. DYes IZINo 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 (if none, so state): 6. Did decedent marry after execution of Will or Codicil(s)? . . . . . . . . . .. DYes IZI No Were any children born to decedent after execution of Will or Codicil(s)? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DYes IZI No If yes, give names and dates of birth: Name: Date of Birth: 7. Ifrequired 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? . . . . . . . . . . . . . . . . . . . . . . . . . . . . " IZIYes D No Form OC-OJ rev. JO.13.06 Page 3 of 10 Estate of Meriam M. Wiker , Deceased 8. Written notice of the Audit as required by Pa. a.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. a.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. a.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) haslhave notice or knowledge, having or claiming any interest in the estate as beneficiaries under the Will or Codicil(s) or as intestate heirs ifthere 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 ReJationshiD and Comments, if anv Interest Beverly Nutter 311 N Enola Dr. Enola P A 17025 friend $2,000.00 Dixie Endy 820 Mountain Rd. Dauphin, P A 17018 friend $5,000.00 Form OC-OJ rev. 10.13.06 Page 4 of 10 Estate of Meriam M. Wiker , Deceased Name and Address of Each Party in Interest Relationship and Comments, if anv Interest Wayne Klingler 1305 Conewago Creek Rd. Manchester P A 17345 Nephew $34,233.90 (50% of remaining) Linda Letko 568 W. Saxony Drive Exton, P A 19341 Niece $34,233.90 (50% of remaining) 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-01 rev. 10./3.06 Page 5 of 10 Estate of Meriam M. Wiker , 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 DYes IZINo DNo Was family exemption allowed? ............ .................... Family exemption claimant's name and relationship: Name: Relationship: Form DC-OJ rev. JO.13.06 Page 6 of 10 Estate of Meriam M. Wiker , 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 04/24/06 10,000.00 06/21/06 4,134.87 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 l'ZJ 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? .................. D Yes D 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 ofl 0 Estate of Meriam M. Wiker , Deceased 16. Had the decedent been adjudicated an incapacitated person? . . . . . . . . . . D Yes IZI 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 D 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? ......................... . IZIYes DNo As to real estate only? ........................................ DYes IZjNo Form OC-OJ rev. JO.13.06 Page 8 of 10 Estate of Meriam M. Wiker , 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} Dixie Endy Beverly Nutter Wayne Klingler B. Principal: Proposed Distributee(s} Amount/Proportion $5000.00 $2,000.00 50% of remaining Amount/Proportion Submitted By: (All petitioners must sign. Add additional lines if necessary): Z<1lh~~, #If Name of Petitioner: Linda . Lefko Name of Petitioner: Form OC-OJ rev. JO.13.06 Page 9 of 10 Estate of Meriam M. Wiker , 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. ~ 4904 (relating to unsworn falsification to authorities). ~ 'th. ~ 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 e been made beyond the responses herein. Fonn OC-OJ rev. JO.13.06 Page 10 of 10 Attachment to Paee 9 Linda Lefko 50% of remaining THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 81' to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 19.49, respectively, and all have been continuously published ever smce; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 18th and 25th day(s) of February and the 4th day(s) of March 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy Terry L. Russell. Notary Public Oty of Harrisburg. Dauphin County My Commission Expires June 6. 2006 "om""- P"nn-. ....;o,~ s lalionolNolarill~ NOTICE OF ADMINISTRATION Letters of Administration on the Estate of Merlam M. WIker. late of Cumberland County. Camp Hili. PA. deceased. have been granted ta the undersigned. All persons knowing themselves to be In . debted to said Estate will make payment Immediately, and those having claims will present them for settlement ~jnda M. Lefko S68 West saxony Drive Exton. PA 19341 ~~~en J. HOllll, Esquire l' S. Hanover street, Suite 101 Carlisle, PA 17013 /~~ U4~ . NOT PUBLIC My commission expires June 6, 2006 STEPHEN J. HOGG 19 S. HANOVER STREET, SUITE 101 CARLISLE, PA. 17013 , . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA 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, V1Z: March 3, March 10, March 17, 2006 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. ~~ Wiker. Meriam. M.. dec'd. Late of Cumberland County. Administratrix: Linda M. Lefko, 568 West Saxony Drive, Exton, PA 19341. Attomey: Stephen J. Hogg, Es- quire, 19 S. Hanover Street, Suite 101, Carlisle, PA 17013. SWORN TO AND SUBSCRIBED before me this 17 day of March. 2006 ~~<~. . k:j<~~/ r NOTA~LSEAL LOIS E. SNYDER, Notary Public I Carhsle Bora, Cumberland County " My Commission Exoire~ Mar:;h 5, 2008 :}...._..~~.~-....'~..-,,-~.'l REGISTER OF WILLS CUMBERLAND County, Pennsylvania CERTIFICATE OF GRANT OF LETTERS \~ . .'. ~......., '" I, ,.,. .....~ -';, ,....~ _ ~... t, , "" " ~~... -. .., f' ...~ \ 'If; ,t, : .. .. ' ':) ~ ::' i ...., F,J 10 ~ ~ .",<fIt:a ~~ ._....,.. ,. ,:tfi ,..... r ,~ ,~ ,~ ....,...'\ No. 2006-00154 PA No. 21-06-0154 Es ta te Of: MERIAM M WIKER (First, Middle, Last! j " \, ~ Late Of: EAST PENNSBORO TOWNSHIP CUMBERLAND COUNTY / Deceased Social Securi ty No: 207-07-9773 WHEREAS, on the 16th day of February 2006 'an instrument dated November 6th 2003 was admitted to probate as the last will of MERIAM M WIKER (First. Middle, Last! la te of EAST PENNSBORO TOWNSHIP, CUMBERLAND County, who died on the 29th day of January 2006 and, WHFPEAS, 'a true copy of the will as probated is annexed hereto. TF ..cFORE, I, GLENDA FARNER STRASBAUGH Register of Wills in ancl for CL ~BERLAND County, in the Commonwealth of Pennsylvania, hereby certify that I have this clay granted Letters TESTAMENTARY to: LINDA M LEFKO who has duly qualified Dr EXECUTOR(RIX) and has agreed to administer the estate according to law, all of which :ully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYL VANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 16th day of February 2006. \2:,~", ~~,~'<;J~\) ~ ~ V~ ~~~ ~~. ~ ) Deputy \. --~ **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)