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HomeMy WebLinkAbout03-22-07 -~r.~ T .. DECEDENT'S ESTATE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA ORPHANS' COURT DMSION ESTATEOF HenryL. Stuart No. 21-05-0411 . DECEASED PETITION FOR ADJUDICATION I STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO PL O.C. Rule 6.9 o c;o . ,:"::J :-'..J '-~p L~ _\..1 .-.;: - ("~'\ ,-'-, " -S --;--1 . 'd -~ ~-j ~;:~ ;;u ".) N ...,., _t... c..., w 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 A1TACHMENTS AT THE BACK OF THIS FORM. Name of Counsel: Ivo V. Otto, III Supreme Court I.D. No.: 27763 Name of Law Firm: Martson, Deardorff, Williams, Otto, Gilroy & Faller Address: 10 East High Street, Carlisle, P A 17013 Telephone: 717-243-3341 Fax: 717-243-1850 Form OC-OJ rev. JO.JJ.(}(j Page 1 of 10 r--.-.J c.:~ C;....;;> ....... --.,-,. ...:--. Estate of Henry L. Stuart . Deceased 1. Name(s) and address(es) ofPetitioner(s): Name: Karen E. Faircloth Manufacturers & Traders Trust Company Address: 1200 Walnut Bottom Road One West High Street Carlisle, PA 17013 Carlisle, PA 17013 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? . . . . . . . . . . . . . . . . . . . . . IZI Yes [J No If not, identify prior accountings, the accounting periods covered, and the date of adjudication of the prior accounting. 2. Decedent died on April 16. 2005 IZI Letters Testamentary or [JLetters of Administration were granted to Petitioner(s) on Mav 3m. 2005 Date of Will (if applicable): September 10th, 1999 Date(s) ofCodicil(s) (ifapplicable): April 9th, 2005 Date of probate (if different from date Letters granted): Was a bond required? [JYes IZINo If yes, state amount: Are proofs of advertising of the grant of Letters attached? ......... IZI Yes [J No Dates of advertising of the grant of Letters: June 9,16 and 23,2005 Form oc-O/ rev. /0./3.06 Page 2 of 10 Estate of Henry L. Stuart . Deceased 3. Was decedent survived by a spouse? . . . . . . . . . . . . . . . . . . . . . . . . . . . .. DYes IZI No If yes, name of the surviving spouse: 4. Has the surviving spouse filed to take an elective share? ............ . DYes D No (~Section 2201 ~ UIJ.. 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. DiddecedentmarryafterexecutionofWillorCodicil(s)?.......... DYes IZI No Were any children born to decedent after execution of WillorCodicil(s)? ........................................... DYes IZI No If yes, give names and dates ofbirtb: 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 sentto the Department of Public Welfare? . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. IZIYes D No Fo"" OC-OJ rev. JO.J3.()6 Page 3 of 10 Estate of Henry L. Stuart . Deceased 8. Written notice of the Audit as required by Pa. a.c. Rules 6.3, 6.7 and 6.8 bas 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 bas been or will be given to all persons affected thereby. A. If Notice bas 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 bas been given. C. If any person entitled to Notice is not sui juris (e.g., minors or incapacitated persons), Notice of the Audit bas 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 bas 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 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): N_ and Addf'U8 of &ell Pam ill IIIterest Relatioll8lfiD and Comme1ru. if anv IIIterest Victoria Macauley 4396 Baldwin Avenue, Unit 54 Little River, SC 29566 Niece Personal Property, Specific Bequest, Trust Beneficiary Barbara E. Falconer 3 Strayer Drive Carlisle, P A 17013 Niece Personal Property. Specific Bequest, Trust Beneficiary Form OC-OJ IW. 10.13.06 Page 4 of 10 Estate of Henry L. Stuart . Deceased N_ and At/dre&8 of Each Partv "'I"terest Relatio1l8AiD and CoIfllflelllS. if artV 1"lNUt Karen E. Faircloth Employee Trust Beneficiary 971 Baltimore Pike Gardners, PA 17324 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!rrustee Ad Litem has or has not been filed for this Audit (w:,Pa. D.C. Rule 12.4). 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. FOI'JII oc-O/ rev. /0./3.06 Page 5 of 10 Estate of Henry L. Stuart . 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. Na_ and Addres& of Each Claimant AmO/Ult ofCklim Claim Will Claim Admitted? Be Paid In Full? None DVes DVes DNo DNo DVes DVes DNo [JNo DVes eVes DNo DNo DVes eVes DNo [JNo 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? DVes [ZINo DVes [ZINo Was family exemption allowed? Family exemption claimant's name and relationship: Name: Relatiorultip: Form OC-(}J rev. JO.J3.f)6 Page 6 of 10 Estate of Henry L. Stuart . 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 l"terut 07/15/05 1,000,000.00 03/21/06 91,616.00 2,280.64 01/13/06 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 IZI No If yes, provide the name of the estate, indicate whether an account has been filed and confinned absolutely and all awards perfonned, 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 OCoOI I1W.IO.I3.(}6 Page 7 of 10 Estate of Henry L. Stuart . Deceased 16. Had the decedent been adjudicated an incapacitated person? . . . . . . . . . . 0 Ves 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? ............. Dves 0 No 18. If a reserve is requested, state amount and purpose. Amoullt: 8,000.00 Purpo8e: Filing costs for Accounting and Attorney Fees 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 m mterest? ........................................ IZ)Ves DNo If so, attach a copy of the notice. 19. Is the Court being asked to direct the filing of a Schedule of Distribution? lZIves DNo As to real estate only? ........................................ []Yes !ZINo Form oc-O/ rev. /0.J3.06 Page 8 of 10 Estate of Henry L. Stuart . Deceased Wherefore, your Petitioner{s) w(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) Amount/Proportion Manufacturers & Traders Trust Company, Trustee FBO Victoria J. Macauley 50% FBO Barbara E. Falconer 50% B. Principal: Proposed Distributee(s) A/fIOlUlvProportion Manufacturers & Traders Trust Company, Trustee FBO Victoria J. Macauley 50% FBO Barbara E. Falconer 50% Submitted By: (AU petitioners must sign. Add additional lines ifnecessary): ~~f-,/~ Name of Petitioner: Karen E. Faircloth facturers & Traders Trusta Form OC-O} rev. /0.13.06 Page 9 of 10 Estate of Henry L. Stuart . Deceased Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that he/ahe He is title Vice President of the above-named name of corporation Manufacturers & Traders Tr. Co and] that the facts set forth in the foregoing Petition for Adjudication I Statement of Proposed Distribution which are within the personal knowledge of the Petitioner are truet and as to facts based on the information of otherst the Petitionert after diligent inquiryt 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). Si1::::::P~t:r * Corporllll pedtUJ,,~rs ."st COM,"" brtICuutl iIt/orlltlltitJn. Certiftcation 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 Cou~ and that no changes to the form have been made beyond the responses herein. ~f 1&'." SIgnature 0 Counse lor Petitioner Form oc-O/ rev. /0.13.06 Page 10 of 10 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly 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) Tune 09, 16, 23,2005. COPY OF NOTICE OF PUBLICATION ~ ~ ~~.._'__';'.d";<""'~"':;'_ .,EXEC~TOR NQDg , Letters Testamentllryon thE! Estate of H.EffBY J.. STUART. late of the Borough of Carlisle Cumberland County. Pennsylvania. deceased. have been granted to the undersigned. . _ Ail. parson kn,?wing th$lTlselves to be indebted to the ' said Estat~ WIll '!lake payment immediately. and those having c,lalms will present them for settlement to: Manufacturers and Traders Trust Company Co-Exec~tor - '.' Karen Faircloth Co-Executor One West High Street P.O. Box 220 Carlisle. PA 17013 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 cha~acter of pu lication are true. Sworn to and subscribed before me this 29th. day of June, 2005. c~ ell ~ Notary R hlic My commission expires: q/t /iJ f COMMONWEAL lH OF PENNSYLVANIA Notarial Seal Christina L. ware. Notary Public Carlisle Bore. CUmberland County My Commission Expires Sept 1, 2008 Member. Pennsylvania Association Of Notaries . . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA 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 COlmty 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, VIZ: June 17,24, July 1, 2005 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. I Stuart, Henry L., dee'd. Late of the Borough of Carlisle. Co-Executors: Manufacturers & Traders Trust Company and Kar- en Faircloth, 1 W. High Street, P.O. Box 220. Carlisle, PA 17013. Attomey: None. TO AND SUBSCRIBED before me this 1 day of Julv. 2005 NOT ARI SEAL LOIS E. SNYDER. Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 200t