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HomeMy WebLinkAbout11-14-07 INRE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF BARBARA JEAN HA TCHER, a/kla ORPHANS' COURT DIVISION BARBARAJ.HATCHER NO. ~\ \)\ \\)'-\~ CIVIL TERM PETITION FOR DISTRIBUTION OF SMALL ESTATE (Pursuant to 20 Pa. C.S.A. ~31 02) fig ~ ....., ~ ooc:= 5C/j~ - ~ 8~~ ~ . ::0 ::0--' - .)s " -r. ;0 -< J rr"1 C'.!:I <:J \..;) ,:>-;;: f-'~ _'J :G ~D ['I/''f -od C) -"'~ ::;.;;:: ?j .<..~. .,...-;:; ... t- cJ(_....) ;,7jl TO THE HONORABLE, THE JUDGES OF THE SAID COURT: The Petition of Robert W. Hatcher, respectfully states as follows: I\) "" 1. Barbara Jean Hatcher, also known as Barbara J. Hatcher, (Decedent), died on May 21, 2007, domiciled in Cumberland County, Pennsylvania, a resident at ManorCare Health Services, 940 Walnut Bottom Road, Carlisle Cumberland County, Pennsylvania 17013. A true and correct copy of her Death Certificate is attached hereto as Exhibit "A." 2. Robert W. Hatcher is an adult individual of 6116 Locust Street, Harrisburg, Pennsylvania 17112-1834. 3. Robert W. Hatcher is the son of the Decedent. 4. Decedent died testate leaving a Will dated February 11, 2005, the original of which is attached to this Petition as Exhibit "B" and is incorporated herein by reference thereto as if fully set forth herein. In said Will the Petitioner, Robert W. Hatcher, is appointed as Executor pursuant to Item I. The Petitioner is one of the five (5) residuary beneficiaries pursuant to Item IV of the Will. 5. Item IX of said Will waives the posting of security by the Executor. Petition for Distribution of Small Estate Barbara Jean Hatcher, Decedent Page 1 of5 6. Petitioner does not intend to file said Last Will and Testament for probate as this is a small estate with only two (2) small assets. 7. A. Decedent's assets consist of a client account at ManorCare Nursing Home, believed to have a balance of approximately $300.00, and an account at Citizen's Bank believed to have a balance of approximately $1,000.00. Therefore, the gross value of the Decedent's estate is believed to be only approximately $1,300.00. B. All of the personal property of the Decedent, including the personal property specifically bequeathed at Item III of the Decedent's Last Will and Testament, has been previously sold or given away and all of such specific bequests shall lapse. 8. To the best of the knowledge, information and belief of your Petitioner, the Decedent has no liabilities except for the following: (i) $125.00 for a plaque to be installed on the Decedent's gravestone (this mount has been paid by the Petitioner, who is to be reimbursed); and (ii) Funds due the Pennsylvania Estate Recovery Program. The Decedent's funeral bills, gravesite, and grave marker were paid for prior to death. It is anticipated that there will be a substantial amount due the Commonwealth of Pennsylvania pursuant to the Estate Recovery Program, but that no funds will be available for distribution to the Commonwealth pursuant to its claim, as the assets of the estate will be consumed by administrative expenses. 9. A. Decedent is the widow of James E. Hatcher, Sr. Decedent had five (5) children, to wit: (i) Robert W. Hatcher, 6116 Locust Street, Harrisburg, PA 17112; (ii) James E. Hatcher, Jr., 4871 Spring Road, Shermansdale, PA 17090; (iii) William T. Hatcher, 326 S. Washington Street, Mechanicsburg, PA 17055; (iv) Mary E. (Hatcher) Mumma, 107 Broadway Avenue, Duncannon, PA 17020; and (v) Mark A. Hatcher, who died in July of 1995 survived by his widow, Shari L. Hatcher, 28 N. High Street, Duncannon, PA 17020. Petition/or Distribution o/Small Estate Barbara Jean Hatcher, Decedent Page 2 0/5 B. The individuals named at paragraph 9 of this Petition are the residuary beneficiaries named at Item IV of the Decedent's Will. C. Deceased son Mark A. Hatcher had three children, to wit: (i) a son who died an infant, (ii) a son Nathan Hatcher, now of, c/o Shari L. Hatcher, 28 N. High Street, Duncannon, PA 17020. and (iii) a daughter, Sarah Hatcher, a minor, of c/o Shari L. Hatcher, 28 N. High Street, Duncannon, PA 17020. 10. A. Pa. O. Ct. R. 5.6 requires that a Notice of Beneficial Interest in the Estate be sent to the intestate heirs of a Decedent within three months of the grant of letters, however, this Petition is for distribution of a small estate without the grant of letter. B. 20 Pa. C.S.A. 93102 providing for settlement of small estates on Petition, provides that the Court may direct distribution "with such notice as the Court shall direct." C. Your Petitioner requests an Order for Distribution waiving notice to any individuals or entities, except for the mailing of a copy of this Petition and its accompanying Decree to the individuals listed at 9.A. of this Petition. Petitioner shall also notify the Pennsylvania Department of Public Welfare pursuant to the Estate Recovery Program. 11. Petitioner files this Petition pursuant to 20 Pa. C.S.A. 93102. WHEREFORE, Petitioner requests your Honorable Court to enter a Decree: (i) Ordering that the Estate of Barbara Jean Hatcher, a/k/a Barbara J. Hatcher, be liquidated and distributed first for administrative expenses; second, if there be any assets left, to other creditors of the estate; and third and finally, if there be any net estate left to the residuary beneficiaries set forth at Item IV of the Decedent's Last Will and Testament; Petition/or Distribution a/Small Estate Barbara Jean Hatcher, Decedent Page 3 0/5 (H) That no notice need to be given to any party except for the mailing of a copy of this Petition and its accompanying Decree to the residuary beneficiaries named at paragraphs 9.A. and 9.C. of this Petition. (Hi) That the Petitioner notify the Pennsylvania Department of Public Welfare pursuant to the Estate Recovery Program. (iv) That the same may be carried out without appraisement, and with authority of the Petitioner, Robert W. Hatcher, to receive, collect and distribute the Estate of Barbara Jean Hatcher, a/kJa Barbara J. Hatcher, Deceased, pursuant to this Petition and its accompanying Decree, and to make any and all necessary assignments and transfers to accomplish that purpose. Dated: /;{:, ~'1!4/ Ij~/ /t; .:A9?1 '/ Respectfully submitted, ---1"_" ,~.;l:; .....~ <- 4-7 ~. .~ Stepnen 6. Tiley, Esquire 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Supreme Court 1.0. No.: 32318 Petition for Distribution of Small Estate Barbara Jean Hatcher, Decedent Page 4 of5 VERI FICA liON I, Robert W. Hatcher, depose and say that I am the Petitioner in the above matter; and that the facts set forth in the foregoing Petition for Distribution of Small Estate are true and correct based partly upon personal knowledge and the remainder upon information and belief; I understand that this Verification is made subject to penalties of 18 Pa. C.S.A. 9 4904, relating to unsworn falsification to authorities. Dated: /1/ ILl/ b 7 atJ v, Jidd-e/- Robert W. Hatcher Petition for Distribution of Small Estate Barbara Jean Hatcher, Decedent Page 5 of 5