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HomeMy WebLinkAbout05-16-07 (3) DECEDENT'S ESTATE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION o =:0 ~...~ j3 C) j :-:::.-:'~ r-- .:,.. :n , DECEASED,: :J::J "",, r.....j C:;':;.,l c..:.;;;:,. --' -.",.. :.:J' -<: ESTATE OF PAULYNE.LOMMAN 0'1 No. 21-06-437 C-)(; C~~) :-~h -a , :~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 a4judication. INCLUDE ATTACHMENTS AT THE BACK OF THIS FORM. Name of Counsel: Wayne F. Shade, Esquire Supreme Court J.D. No.: 15712 Name of Law Firm: Address: 53 West Pomfret Street, Carlisle, PA 17013 Telephone: 717-243-0220 Fax: 717-249-0017 FarmOC-01 rev. 10./3.06 Page 1 of 10 Estate of PAUL YN E. LOMMAN , Deceased 1. Name(s) and address(es) ofPetitioner(s): Name: Lorraine A. Lomman Address: 6423 Bickle Road Chambersburg, PA 17201 Identify any executors or administrators who have not joined in the Petition for Adjudication and Statement of Proposed Distribution and state reason: None Is this the first accounting by this fiduciary? . . . . . . . . . . . . . . . . . . . . . lZt 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 May 9, 2006 lZt Letters Testamentary or o Letters of Administration were granted to Petitioner(s) on Date of Will (if applicable): November 24, 1998 Date(s) ofCodicil(s) (if applicable): None Date of probate (if difftrent from date Letters granted): Was a bond required? oY es III No If yes, state amount: Are proofs of advertising of the grant of Letters attached? ......... III Yes 0 No Dates of advertising of the grant of Letters: June 2, June 9 and June 16,2006; May 2, June 2 and June 9, 2006 Form DC-01 rev. 10.13.06 Page 2 of 10 Estate of PAUL YN E. LOMMAN , Deceased 3. Was decedent survived by a spouse? . . . . . . . . . . . . . . . . . . . . . . . . . . . .. DYes IZJ No 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 MW,.. 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 IZJ No Were any children born to decedent after execution of Will or Codicil(s)? .... .. ...................... ............. .. DYes IZJ 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? . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. !ZIYes 0 No Form OC-OJ rev. 10.13.06 Page 3 of! 0 Estate of PAULYN E. LOMMAN , 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 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 ofthe Notice as well as a list of the names and addresses ofthe 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 suijuris (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 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): Name and Address of Each Port)! in Interest Relationship and Comments, if any Interest Lorraine A. Lomman 6423 Bikle Road Chambersburg, P A 17201 Daughter 1/3 Bernard A. Lomman 2124 Lake Ariana Blvd. Auburndale, FL 33823 Son 1/3 Form DC-OJ rev. JO.13.06 Page 4 oft 0 Estate of PAUL YN E. LOMMAN , Deceased Name and Address of Each Partv in Interest Relalionshin and Comments, if any Interest Diane S. Dorsheimer 15 Amherst Road Camp Hill, PA 17011 Daughter 1/3 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 Guardianffrustee Ad Litem has or has not been filed for this Audit ($ee Pa. o.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 OC-Ol rev. 10.13.06 Page 5 of! 0 Estate of PAUL YN E. LOMMAN . 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? None 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. ~ 3392 and the proposed payments. Was family exemption allowed? III Yes DNo III Yes DNo II. Was family exemption claimed? Family exemption claimant's name and relationship: Name: Lorraine A. Lomman Relationship: Daughter Form OC-Ol rev. /0.13.06 Page 6 of 10 Estate of PAUL YN E. LOMMAN , 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 June 28, 2006 20,000.00 Residue November 22, 2006 397.19 Residue 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 III 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 ofthe estate. 14. A. Describe in detail any questions requiring adjudication and state the position of the Petitioner(s) as to each question: None B. Has notice ofthe 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-OJ rev. 10.13.06 Page 7 of 10 Estate of PAUL YN E. LOMMAN , Deceased 16. Had the decedent been adjudicated an incapacitated person? ....... . . . DYes lZI No If yes, attach a copy ofthe 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. None 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: Accounting services Filing fees $2,000.00 500.00 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 DNo If so, attach a copy of the notice. 19. Is the Court being asked to direct the filing of a Schedule of Distribution? lZIYes DNo As to real estate only? ........................................ DYes lZI No Form DC-OJ rev. /0./3.06 Page 8 of! 0 Estate of PAUL YN E. LOMMAN , 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) Amount/Proportion Lorraine A. Lomman 1/3 Bernard A. Lomman 1/3 Diane S. Dorsheimer 1/3 B. Principal: Proposed Distributee(s) Amount/Proportion Lorraine A. Lomman 1/3 Bernard A. Lomman 1/3 Diane S. Dorsheimer 1/3 Submitted By: (All petitioners must sign. Add additional lines ifnecessary): cR~a~ Name of Petitioner: Lorraine A. Lomman Name of Petitioner: Form DC-OJ rev. JO.13.06 Page 9 of 10 Estate of PAUL YN E. LOMMAN , Deceased Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that he/she is title of the above-named name of corporation and) that the facts set forth in the foregoing Petition for Adjudication / Statement of Proposed Distribution which are within the personal knowledge ofthe 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). d?~ Cl~cR~ 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 have been made beyond the responses herein. N~~ Signature of Counsel for Petitioner Form QC-Ol rev. 10./3.06 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) May 26, June 02, 09, 2006 COPY OF NOTICE OF PUBLICATION \.. . EXECUfAIX'S ~.:: I \'. . . ....... I LeUe. ",Testamen tary..OI'ith...jl.eBta....Of..P,...~.'"YNE. ...Ii LOIIMAN, late Of the Township of !.,OW" Allen, C. umbertjand., County, penniylvanla.~.' _ i have . been granted to Lorraine .,.lommen. _ . .' , : AI P8rB9flB knoWtnQlhefn. to b8lnifebted to 8aId" I Estate ahal mWJ)ayniel'lt 'tInm~,and those '. ,. . haYlngclaJmB will Present Ih,m fonettl4tment to: -. .. Lorril~. A. LQm, ma. ".' . _.' . '. .'~~3 BIid8 ROad C~rg, PA 172Q1 ~ "'." ~ I~:. ' 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 .3::~~~ Wayne F. Shaelt. Esquire , 53 West Pomfret Street i Call1sle; PA 17013 I Attorney Sworn to and subscribed before me thist14th. day of June 2006. rf;tml/a if, f.d~':f- No ary Public My commission expires: ...,...., .. IQIiIaACMIIl Nakwy NIle CMI..IOIOUGH. QIIlIn.... Mfc:am..illllon.... Jun't .. 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 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 2, June 9, and June 16,2006 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. LoIllllUUl, PaalyD E., dee'd. Late of the Township of Lower Allen. Executrix: Lorraine A. Lomman, 6423 Blkle Road, Chambersburg, PA 1720l. Attorney: Wayne F. Shade, Esquire, 53 West Pomfret street, Carlisle, PA 17013. ::.> SWORN TO AND SUBSCRIBED before me this 16 day of June. 2006 w/~~~tt.~ . Notary NOTARIAl SEAl. DEBORAH A COlUNS Notary Public CARUSLE 8ORO. CUMBERLAND COUNIY My CommluIon ExplreI ApI 2', 2010 WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 IN RE: ESTATE OF PAUL YN E. LOMMAN, Deceased, Late of the Township of Lower Allen, Cumberland County, Pennsylvania : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : NO. 21-06-437 NOTICE OF FILING ACCOUNT AND STATEMENT OF PROPOSED DISTRIBUTION NOTICE is hereby given that the First and Final Account of Lorraine A. Lomman, Executrix of the Estate ofPaulyn E. Lomman, Deceased, and a Statement of Proposed Distribution of the balance of the assets of said Estate will be filed in the Office of the Register of Wills of Cumberland County, Pennsylvania, on or before May 18,2007, and that the same will be called for confirmation on June 19,2007, at 9:30 A.M. in the designated courtroom on the fourth floor of the Cumberland County Courthouse, Carlisle, Pennsylvania, at which time and place you may appear, either in person or by counsel. Copies of said First and Final Account and Statement of Proposed Distribution are enclosed herewith, and the originals as filed may be inspected in the Office of the Register of Wills of Cumberland County, Pennsylvania, at anytime prior to their presentation for confirmation. Unless objections to said First and Final Account or Statement of Proposed Distribution, or both, are filed in writing not later than 9:00 A.M. (prevailing time) of the date fixed for confirmation thereof unless otherwise permitted by the Court prior to confirmation, said First and Final Account will be confirmed; and distribution will be ordered according to the enclosed Statement of Proposed Distribution. If you have no objections to the enclosed, you do not need to appear in court at the time of confirmation. Date: May 14, 2007 ~ /;fZtL Wayne F. Shade Attorney for Accountant WAYNEF. SHADE Attorney at Law 53 West Pomfret Street Carlisle. Pennsylvania 17013 NOTICE TO: Lorraine A. Lomrnan 6423 Bikle Road Chambersburg, P A 17201 Bernard A. Lomrnan 2124 Lake Ariana Boulevard Auburndale, FL 33823 Diane S. Dorsheimer 15 Amherst Road Camp Hill, PA 17011