Loading...
HomeMy WebLinkAbout05-16-07 (2) DECEDENT'S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF JOANNE K. COOPER , DECEASED No. 2006-00094 PETITION FOR ADJUDICA TION I STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.C. Rule 6.9 o C. -C::;O - ::.0 -0 ~J..o ,~~~ '.--.f...)' S,~1 tJ ., 31:: (= This form may be used in all cases involving the Audit of the Account of a Deced~~Estate.r-:'lf space is insufficient, riders may be attached. Attach the spouse's election, if any; the paItH required under items 8- J 9 inclusive; and any instrument pertinent to the adjudication. INCLUDE A1TACHMENTS AT 11lE BACK OF THIS FORM. Name of CmB1sel: Michael S. Travis Supreme Court J.D. No.: 77399 Name of Law Firm: Attorney at Law Address: 3904 Trindle Road. Camp Hill, PA 17011 Telephone: 717-731-9502 Fax: 717-731-9511 Furm DC-OJ rev. JO.13.06 V' Page 1 oft 0 r<) c.:::.:':) L-::'-~ -.J -< en , , ',_.. -~ 1(" , ,'-i --, - ( j, :.~') Estate of JOANNE K.. COOPER , Deceased 1. Name(s) and address(es) ofPetitioner(s): Name: Laurie J. Weller Address: 108 May Drive No. 1 Camp Hill, P A l70ll Identif}' 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? . . . . . . . . . . . . . . . . . . . .. IZlYes [J No If not, identify prior accountings, the accounting periods covered, and the date of adj udication of the prior accounting. 2. Decedent died on December 26, 2004 121 Letters Testamentary or DLetters of Administration were granted to Petitioner(s) on Date of Will (ifapplicable): May 10, 1993 Date(s) ofCodicil(s) (ifapplicable): Date of probate (if different from date Letters granted): Was a bond required? DYes IllNo If yes, state amount: Are proofs of advertising of the grant of Letters attached? ......... IZJ Yes D No Dates of advertising of the grant of Letters: July 28, August 4 and 11,2006 (Cumb. Law Journal), July 21, 28 and August 4,2006 (patriot News) FurmOC-Ol rev. 10.13.06 Page 2 of! 0 Estate of JOANNE K.. COOPER . Deceased 3. Was decedent survived by a spouse'? . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Dyes IZ]No If yes. name of the surviving spouse: 4. Has the surviving spouse filed to take an elective share? ............. Dyes DNo ~ee Section 2201 et seq. 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 IZI No Were any children born to decedent after execution of Will or Codicil(s)? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Dyes [ZJ 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 sentto the Department of Public Welfare? .............................. Il)Yes DNo Form OC-OJ rev.10.JJ.06 Page 3 of 10 Estate of JOANNE K. COOPER . Deceased 8. Written notice of the Audit as required by Pa O.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 wtpaid 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 cowtsel 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. O.C. Rule 5.2. D. If any charitable interest is involved. Notice of the Audit has been or "'111 also be given to the Attorney General as required wtder Pa O.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 wtder 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 a>UJ Address u[ Each Party in Interest Rela/i()J/shm a>UJ Cumments. if any Interen COwtty of Cumberland Claremont Nursing Home, c/o Steven !IIlontresor, Esquire 1700 Bent Creek Blvd, Ste 140 Mechanicsburg, PA 17050 Creditor claim $69.010.00 p~'ment:$34,772.42 * (after reduction for reserve) Shalonis Funeral Home 206 Maple Ave Mmysville, PAl 7053 Creditor $ 1,326.12 payment: $ 1,326.16 * in full satisfaction of lawsuit Claremont v. Weller, ~b. 2005-4126 Furm OC-()] rev. W.H.06 Page 4 of 10 Estate of JOANNE K. COOPER . Deceased Ntmle and Address of Each Party in Interen Rdatiomhiv and Commenl8, if am> Interest Laurie 1. Weller 108 May Drive, No. I Camp Hill, P A 17011 daughter named beneficiary under will 100% residual Payment: $0.00 (insolvent) B. Identify each party who is not sui juris (e.g., minors or incapacitated persons). F or 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 Guardianrrrustee Ad Litem has or has not been filed for this Audit (~ee Pa. a.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. Form DC-01 rev. 10.13.06 Page 5 of 10 Estate of JOANNE K. COOPER , Deceased 10. Other than the claim for the famil)' exemption, list the names of all known claimants and the amount of their claims and state whether each claim is admitted. N_ tmd Addnt$$ if Each Claimant Amulll'll if Claim Claim Will Claim Admitted? Be Paid In Full' Cotmty of Cumberland 69,010 llJYes DYes Claremont Nursing Home, c/o []No IZJNo Steven~ntressor , F,squire 1700 Bent Creek Blvd. Ste 1 40 Mechanicsburg, PA 17055 Shalonis Funeral Home lZJYes I2JYes 206 Maple Ave 1,326.12 []No DNo Mmysville, P A 17053 Dyes DYes ONo DNo Dyes DYes []No DNo If the estate is insolvent, attach a schedule setting forth the order of preference tmder 20 Pa.C.s. ~ 3392 and the proposed payments. 11. Was family exemption claimed? DYes l'Z]No Dyes IZlNo Was family exemption allowed? Family exemption claimant's name and relationship: Name: Relutiumhip: Furm OC-01 rev. 10.13.06 Page 6 of 10 Estate of JOANNE K.. COOPER , Deceased 12. The amotmt 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 nJa 0.00 13. On the date of death, was the decedent a fiduciary (personal representative, trustee, guardian, agent tmder power of attorney) or surety on the bond of a fiducial)'? . . . . . . . . . . . . . . . . . .. DYes It] No If yes, provide the name of the estate, indicate whether an acCOtmt 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: Claim of Claremont Nursing Home and Shalonis Funeral Home are of equal class and order of pa)'ment pursuant to 20 Section 3392 and will be paid as a percentage of claim. B. Has notice of the question requiring adjudication been given to the parties identified in Paragraph 9 above? .................. Dy es ~ No 15. IfPetitioner{s) haslhave knowledge that a share has been assigned, renounced, disclaimed or attached, provide a copy of the assignment, rentmciation, disclaimer or attachment, together with any relevant supporting documentation. Form OC-Ol nN. JO.13.fJ6 Page 7 of 10 Estate of JOANNE K. COOPER . Deceased 16. Had the decedent been adjudicated an incapacitated person? . . . . . . . . . . DYes IZ1 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 It] No 18. If a reserve is requested, state amount and purpose. Amuttnt: 500.00 Purpose: to cover any contingencies and correspondence and or miscellaneous fees including counsel fees regarding distribution of funds once the account is adjudicated. 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? ........................................ IZfy es DNo If so, attach a copy of the notice. 19. Is the Court being asked to direct the filing of a Schedule of Distribution? lZJyes DNo As to real estate only? ........................................ [JY es IZlNo FurmOC-OJ rev.l0.JJ.06 Page 8 of! 0 Estate of JOANNE K.. COOPER , 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: Propused Distributee(s) Amount/Propurtiun n/a B. Principal: Propused Distributee(s) Amuunt/Propurliun Shalonis Funeral Home $ 34,773.42 (after reserve) 1,326.12 County of Cumberland/Claremont Nursing Home $ Laurie 1. Weller $ 0.00 Submitted By: (AU petitioners "",., sign. Add additional lines ifnecessary): ~C).~ Laurie J. Weller (Cooper) Name of Petitioner: Name of Petitioner: FunH OC-OJ rev. JO.J3.06 Page 9 of! 0 Estate of JOANNE K.. COOPER . Deceased Verification of Petitioner (Verification must be by at least one petitioner.) The mdersigned hereby verifies .,. [that flels.1re she is title Executrix of the above-named name if curpuratiun estate 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 true. and as to facts based on the information of others. the Petitioner. after diligent inquil)'. 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). ~Q;;~ gnature of Petiti er * Cot'JH1'llle petitiOllen ..... cortlplete brtlelreteil ilIformtltioll. 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 h made beyond the responses herein. /"/": ,,/f"'~ ,. 4Signature of Counsel for Petitioner Furm OC-()J rev. lo.13.tJ6 Page 10 of 10 / I 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 County andState 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: July 28, August 4, and August 11,2006 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. Cooper. Joaune K.. dee'd. Late of Camp Hill. Executrix: Laurte J. Weller. Attorney: Michael S. Travis, Es- quire. 3904 Tr1ndle Road, Camp Hill, PA 17011. SWO TO AND SUBSCRIBED before me this 11 day of August. 2006 NOTA lAL SEAL LOIS E. SNYDER. Notary Public Carlisle Bora, Cumberland County My Commission Expires March 5, 2009 .. '- 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 812 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, 1949, respectively, and all have been continuously published ever since; 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 21st and 28th day(s) of July and the 4th day(s) of August 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 e thi~~~~~~tt~~~~\f~~_I~ "'HiP, ' '. .eal : Terry'" I','"~ ,"lcry ;)utllic \' ~Itv Of H.", 'e>" .", ;.)oupl'hO Coull\} II!'!' ".,nIS"" "1"t'Sju"E6..~~ alia " :es NOTlc;& &.tate-~JoaliMJ(. CooNr , QeceaMd. I..lter. 0' Admlril.tratlon on the a~" . tate 1I11 betn lIranttcL all Ptl'lOn. In . dtbth. Estate art rtQUftttd ta make I , PGvm.ntand tho.. hqvlnll any claim., o"ln.' lame will preHnt th.m wItheM clelay In wrltlnll to: Mlcha.1 S. Trail'" &1<<1., 3904 Tr'lndl. Road, Ccm1p Hill: PA 17011. MICHAEL S. TRAVIS A TIORNEY AT LAW 3909 TRINDLE ROAD CAMP HILL, PA. 17011