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HomeMy WebLinkAbout05-18-07 (2) DECEDENT'S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF RUTH A. ANOKA N /2.{- 01>- 07'1.2- o. , DECEASED ~. -) (J So F ----;--; "' ~-,,-~ <J : I PETITION FOR ADJUDICATION / STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.c. Rule 6.9 :;r-. ~ c:> C0 f_"l 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 AITACHMENTS AT THE BACK OF THIS FORM. Name of Counsel: MURREL R. WALTERS III, ESQ. Supreme Court I.D. No.: 24849 Name of Law Firm: MURREL R. WALTERS III, ESQ. Address: 54 EAST MAIN STREET Telephone: 717-697-4650 Fax: 717-697-9395 Form OC-OJ rev. JO.13.06 Page 1 of 10 Estate of RUTH A. ANOKA , Deceased 1. Name(s) and address(es) ofPetitioner(s): Name: MURREL R. WALTERS III, ESQ. ROBERT N. BENKOVIC Address: 54 EAST MAIN STREET 1561 BRAEWOOD DRIVE MECHANICSBURG, PA 17055 HARRISBURG, P A 17111 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 JULY 18, 2005 IZI Letters Testamentary or [JLetters of Administration were granted to Petitioner(s) on AUllUst 12.2005 Date of Will (if applicable): MAY 20, 2005 Date(s) of Codicil(s) (if applicable): NONE Date of probate (if different from date Letters granted): Was a bond required? DYes IZI No If yes, state amount: Are proofs of advertising of the grant of Letters attached? ......... IZIYes [J No Dates of advertising of the grant of Letters: October 6, 13 & 20, 2006 - Cumb, Law Journal! October 4, 11 & 18, 2006 - Patriot News Form OC-OJ rev. /0.13.06 Page 2 of 10 Estate of RUTH A. ANOKA , Deceased 3. Was decedent survived by a spouse? ............................. DYes lZINo If yes, name of the surviving spouse: 4. Has the surviving spouse filed to take an elective share? ............. DYes lZI No (See Section 2201 et seq. of the Probate, Estates and Fiduciaries Code) If yes, date of election: 5. In the case ofan 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 lZI No Were any children born to decedent after execution of WillorCodicil(s)? ........................................... DYes lZI 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? .... '" .. .. . ...... ... ... ... ... lZIYes D No Form OC-OJ rev. /0./3.06 Page 3 of 10 Estate of RUTH A. ANOKA , 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 behalfas 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. 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) has/have 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 PartIJ in Interest Relationshin and Comments. if anv Interest DENISE ANOKA DAUGHTER 50% P.O. BOX 13174 MARINA DEL RAY, CA 90295 CARL T. ANOKA, JR. SON 50% 17 COURTLAND ROAD CAMP HILL, PA 17011 Form OC-O/ rev. /0./3.06 Page 4 of 10 --rm-- Estate of RUTH A. ANOKA , Deceased Name and Address of Each Partv in Interest RelationshiD and Comments. if any Interest 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 Guardiantrrustee 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-OI rev. 10.13.06 Page 5 of 10 Estate of RUTH A. ANOKA , 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. ~ 3392 and the proposed payments. Was family exemption allowed? ............................... . DYes iii No DYes DNo 11. Was family exemption claimed? ............................... . Family exemption claimant's name and relationship: Name: Relationship: Form OC-OJ rev. JO.13.06 Page 6 of 10 Estate of RUTH A. ANOKA , 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 8/4/06 20,000.00 8/22/06 10,500.00 10/3/06 709.55 13. On the date of death, was the decedent a fiduciary (personal representative, trustee, guardian, agent under power of attorney) or surety onthebondofa fiduciary? ................... DYes IZINo 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? .................. DYes [J 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-OI rev. 10.13.06 Page 7 of 10 Estate of RUTH A. ANOKA . Deceased 16. Had the decedent been adjudicated an incapacitated person? . . . . . . . . . . DYes 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 DNo If so, attach a copy of the notice. 19. Is the Court being asked to direct the fIling of a Schedule of Distribution? [Jy es mlNo As to real estate only? ........................................ [JY es D No Form DC-OJ rev. 10.13.06 Page 8 of 10 Estate of RUTH A. ANOKA , 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 B. Principal: Proposed Distributee(s) Amount/Proportion DENISE ANOKA $8,035.57 CARL T. ANOKA, JR. $8,035.56 Submitted By: (All petitioners must sign. Add additional lines ifnecessary): L Name of Petitioner: MURREL R. WALTERS III, Fj Form DC-OJ rev. 10.13.06 Page 9 of 10 Estate of RUTH A. ANOKA , 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 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). 110 Murrel R. walters ~I Benkovic * Corporate petitioners must complete bracketed illformation. Certification of Counsel The undersigned counsel hereby certifies that the foregoing Petition for Adjudication! State~ent of Proposed Distribution is a true and accurate reproduction of the form~.p tion authonzed by the Supreme Court, and that no ChangeSliiO the f1 e een ma . eyond the responses herein. ~.' I I I I L-.-' Signature of Counsel for Petitioner Form OC-O/ rev. 10./3.06 Page 10 of 10 # . , 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 Michael Morrow, being duly sworn according to law, deposes and says: That he is the 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 4th, 11th and 18th day(s) of October 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 ...... MURREL R. WALTERS, III ATTORNEY AT LAW 54 EAST MAIN STREET MECHANICSBURG, PA. 17055-3851 un 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 and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of alllegalQ.otices, 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: October 6, October 13, and October 20, 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. Aaob., Rath A.. dee'd. Late of Lower AlIen Township. Executors: Robert Benkovic 1561 Braewood Drive, Harris~ burg, PA 17111 and Murrel R. Walters, III, Esquire. 54 East Main Street. Mechanicsburg PA 17055. . Attorney: Murre! R. Walters, m, E8qu1re. Attorney-at-law, 54 East Main Street, MechanJcaburg PA 17055. . ,.--- AND SUBSC ED before me this day of October. 2006 r NOTARIAL SEAL I LOIS E. Si'JYDER. Notary Public " Catiisle Boro, Cumberland County '~ ""''\.... .--.\,', . ~.,~. ''''I ",,'t . r :;:;:."}!, It" I") f":o , rvL \I,I;".l!,,~,.;,n F,'<111,e" lIio&ch 5, rJlu9 k.tt,;,.~~~'~""Jt'-~l'fl;VllI>/<1'f;>J?'~'~"" v-- illl'_ .., IW!~.