Loading...
HomeMy WebLinkAbout05-18-07 nrl"\""'-'-r ;".-( , I..' '..f"': r\c:'/t"IC n~,,~,I:,':' ..: ~'}~ \;:,).~ .'. . ',-, t' ~ __~; ':1:)111 M!iY 18 1 c.;j WI Pi'1 2: 04 DECEDENT'S ESTATE CI Frv r,- L:11r\ v- Of"'-,:' ,I' '" ' ": I .~ i,'.', "'j ClI, ' IDT ,iI C', \ , ,~:-\ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF CLAIRE C. LINDSEY . DECEASED No. 21-06-0695 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- J 9 inclusive; and any instrument pertinent to the adjudication. INCLUDE ATTACHMENTS AT THE BACK OF THIS FORM. Name of Counsel: Christopher E. Rice Supreme Court 1.0. No.: 90916 Name of Law Finn: Mattson Law Offices Address: 10 East High Street Telephone: 717-243-3341 Fax: 717-243-1850 Form oc-O/ rev. /0.13.06 Page 1 of 10 ~ Estate of CLAIRE C. LINDSEY . Deceased 1. Name(s) and address(es) ofPetitioner(s): Name: John A. Lindsey Carole A. Kuhn Address: 4447 Dunmore Drive 412 Chestnut Street Harrisburg, PA 17112 Mt. Holly Springs, P A 17065 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? . . . . . . . . . . . . . . . . . . . .. III 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 7/29/06 [J Letters Testamentary or [JLetters of Administration were granted to Petitioner(s) on 8/4/06 Date of Will (if applicable): 6/19/06 Date(s) of Codicil(s) (if applicable): None Date of probate (if different from date Letters granted): 8/4/06 Was a bond required? [JYes III No If yes, state amount: Are proofs of advertising of the grant of Letters attached? ......... IlIYes [J No Dates of advertising of the grant of Letters: Cumberland Law Journal 8/25, 9/1 & 9/8 2006: The Sentinel 8/17, 8/25 & 8/31, 2006 Form OC-Ol rev. 10.13.06 Page 2 of 10 Estate of CLAIRE C. LINDSEV . Deceased 3. Was decedent survived by a spouse? ............................. []Ves IZINo If yes, name of the surviving spouse: 4. Has the surviving spouse filed to take an elective share? ............. []Ves D No (s.u. Section 2201 IU. sea. 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)? . . . . . . . . . .. DVes IZI No Were any children born to decedent after execution of Will or Codicil(s)? .. . . . . .. . . . . .. . . . . . . . . .. . . . . .. . . . . . . . . . . . . . DVes IZI 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? . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. IZIVes D No Form OC-OI rev. 10.13.06 Page 3 of 10 Estate of CLAIRE C. LINDSEY A . 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 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. 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. 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 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 A.ddress of Each Pam in Interest ReIiIlioMhiD and Co_II if anv Interest John A. Lindsey Son 1/3 of estate residue 4447 Dunmore Drive Harrisburg, P A 17112 Richard A. Lindsey Son 1/3 of estate residue 485 South Spring Garden Street Carlisle, P A 17015 Form OC-Ol rev. 10.13.06 Page 4 of 10 _.~._--~--~.....- Estate of CLAIRE C. LINDSEY . Deceased N(IIM tl1Id Address of Each PartY in Interest Relatio1l8hiD and Commenl8 if tl1flI Interest Carole A. Kuhn . Daughter 1/3 of estate residue 412 Chestnut Street Mt. Holly Springs. P A 17065 B. Identify each party who is riot 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 bas 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 (~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 DC-OJ rev. /0./3.06 Page 5 of 10 Estate of CLAIRE C. LINDSEY . 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 01 Each Claimant AmOU1lt olClaim Claim Will Claim Admitted? Be Paid In FuJI? None ClYes Cl Yes ClNo ClNo ClYes Cl Yes ClNo ClNo ClYes Cl Yes ClNo ClNo ClYes Cl Yes ClNo ClNo If the estate is insolvent, attach a schedule setting forth the order of preference under 20 Pa.C.S. ~ 3392 and the proposed payments. II. Was family exemption claimed? ClYes IZINo ClYes ClNo Was family exemption allowed? Family exemption claimant's name and relationship: Name: Relationship: Form OC-OJ rev. 10.13.06 Page 6 of 10 Estate of CLAIRE C. LINDSEY . 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 Pfl)'ment Interest 10/27/06 4,000.00 2/6/07 5/16/07 1,827.41 403.52 2.65 13. On the date of death, was the decedent a fiduciary (personal representative, trustee, guardian, agent under power ofattomey) or surety on the bond ofa fiduciary? . . . . . . . . . . . . . . . . . . . [JYes lZI No If yes, provide the name of the estate, indicate whether an account has been filed and confinned 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. Descn"be 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? .................. [J Yes [] No 15. IfPetitioner(s) haslhave 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 DC-OJ rev. 10.13.06 Page 7 of 10 Estate of CLAIRE C. LINDSEY . Deceased 16. Had the decedent been adjudicated an incapacitated person? . . . . . . . . . . [] 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. None B. Has notice of the additional receipts and disbursements been given to the parties identified in Paragraph 9 above? ............. []Yes [] No 18. Ifa 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? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. []Yes []No If so, attach a copy of the notice. 19. Is the Court being asked to direct the filing of a Schedule of Distribution? lZIves []No As to real estate only? ........................................ []v es IZI No Form DC-OJ rev. 10./3.06 Page 8 of 10 Estate of CLAIRE C. LINDSEY . Deceased Wherefore, your Petitioner(s) ask(s) that distribution be awarded to the parties entitled and suggest(s) that the distrib\ltive shares of income and principal (residuary shares being stated in proportions, not amounts) are as follows: A. Income: Proposed Distributee(s) John A. Lindsey Richard A. Lindsey Carole A. Lindsey B. Principal: Proposed Distributee(s) Same as A Amount/Proportion 1/3 of estate residue 1/3 of estate residue 1/3 of estate residue AmountlProportion Submitted By: (AU petitioners must sign. Add additional lines if necessary): Name of Petitioner: John A. Lindsey Name of Petitioner: Carole A. Kuhn Form OC-OJ rev. /0./3.06 Page 9 of 10 Estate of CLAIRE C. LINDSEY . 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 IUlme of co~ration 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). QJ2k~ Signa of Petitioner * Corptmlte petitioners must complete bNclcetetl ;n/ormtltion. 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. CR..~ r. 12- Signature of Counsel for Petitioner Form OC-OI rev. 10./3.06 Page 10 of 10 PROPOSED DISTRIBUTIONS TO BENEFICIARIES Current Value Fiduciary 05/15/2007 Acquisition or as noted Value TO: Carole A. Kuhn Proposed distribution 2.313.10 2.313.10 2.313.10 2.313.10 TO: John A. Llndsev Proposed distribution 2.313.09 2.313.09 2.313.09 2.313.09 TO: Richard A. L1ndsev Proposed distribution 2.313.10 2.313.10 2.313.10 2.313.10 Total 6.939.29 6.939.29 15 F IFILESIDA T AFILE\EST A TES\3470.2.nolice.be( ( NOTICE OF ESTATE ADMINISTRATION Tms NOTICE DOES NOT MEAN THAT YOU WILL RECEIVE ANY MONEY OR PROPERTY FROM TmS ESTATE OR OTHERWISE. Whether you will receive any money or property will be determined wholly or partly by the decedent's will. If the decedent died without a will, whether you will receive any money or property will be determined by the intestacy laws of Pennsylvania. BEFORE THE REGISTER OF WILLS, COUNTY OF CUMBERLAND, CARLISLE, PENNSYLVANIA In re Estate of Claire C. Lindsey, deceased, Estate No. 21-06-0695 TO: John A. Lindsey 4447 Dunmore Drive Harrisburg, PA 17112 Carole A. Kuhn 412 Chestnut Street Mt. Holly Springs, P A 17065 Richard A. Lindsey 19 Barkwood Lane Clifton Park, NY 12065 Please take notice of the death of Decedent and the grant of letters to the personal representative(s) named below. The Decedent, Claire C. Lindsey, died on the 29th day of July, 2006, at 485 South Spring Garden Street, Cumberland County, Pennsylvania. Decedent died --2L- testate intestate. The personal representatives of the Decedent are: John A. Lindsey Carole A. Kuhn 4447 Dunmore Drive, Harrisburg, P A 17122 412 Chestnut Street, Mt. Holly Springs, PA 17065 (717) 671-8671 (717) 486-3068 The Will has been filed with the Office of the Register of Wills of Cumberland County, 1 Courthouse Square, Carlisle, P A 17013, 717-240-6345. CL~ ~. ~ Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street, Carlisle, P A 17013 (717) 243-3341 _ Personal Representative ~ Counsel for personal representative Date: August 14,2006 Signature Name Address: Capacity: 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 lHE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date lHE 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 lHE SENTINEL on the following day(s) August 17, 24, 31, 2006 COPY OF NOTICE OF PUBLICATION ""q' v '. r - ,. .... ~ - v " . ~".... .. .. ..........:.................~... .~~...Ot.~.c. ... ..............,.. ..'" .....CufIih.,.haVlI~~"uittle . ....' ',' ,'. . '. . . L. PII..ffIOnJ,.___. . .....~...... ........1hem~..... .~.blt.Indebted.. Iould . .- m., paffneMlIfun~and1hoee havInj~ WIlt PAlM. ..' .'nt nt lie..,. for -tiem..lll'luo.=". -, . . ," . . .... . JOtin A. ullireey ~C~A.KU"..."~Irto,. chi MMltorI'*rdld_ms & otto T!ilh.Il!Ut. "Is.,..t ;'. <'< ....;., .....~..~110'~ ..~~r...WflI.lAM..orlO '. 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 ~~kt<- - .....~ ~ - - Sworn to and subscribed before me this 31st. day of August 2006. C~LIl~rt~ Notary P c My commission expires: q/,Iof COMMONWEALTH OF PENNSYLVANIA NoIarlaI Seal ChrisIna L Wdfe. NoIary Public CaItIsle Boro. Cumbeltand Coonly My CcmmIssion Expns Sepl1. 2008 Member. Pennsylvania Association Of Notaries f~'.-- PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA 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, viz: August 25, and September 1, 8, 2006 Affiant further deposes that he is authoriz~ 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. Uadlley, ClaIre c., dee'd. Late of Carlisle. Executors: John A. LIndsey and Carole A. Kuhn, c/o Martson Deardorff Williams & Otto. Ten East High Street. Carlisle. PA 17013. Attorneys: Christopher E. Rice, Esquire. Martson Deardorff Wil- liams & Otto. Ten East High Street. Carlisle. PA 17013. SWORN TO AND SUBSCRIBED before me this 8 day of September. 2006 ~<;'~{^_~~r{;A · ;~i;.) \., .:!/''!. :':i,'::~l J ~ '" ,.h_. '_ ~ ',,'.,. \JO!.lfY PI,:!Jlic 4 , :',:'",1'1';',,1<1 (~oun'v f ,:';~\ :\.r:;':;fl,:h \ ~,;,;.t: ) j