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Home My WebLink About04-08-08 LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 IN RE: COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA ESTATE OF VIOLA M. DYARMAN o ORPHAN'S COURT DIVtStON ~ _<J NO: 21 07-0535 r/":Eo :~. ~t:,: Fn (:i::D ,'0-' ;;, PETITION FOR SETTLEMENT OF AN ESTATE -E3~ UNDER $25,000 UNDER ~3531 OF THE _)~ PROBATE, ESTATES AND FIDUCIARIES CODE:: The Petition of William C. Dyarman, Executor of the above entitled estate, respectfully represents: 1. Decedent is Viola M. Dyarman, who died May 17, 2007 while a resident at 29 Marylin Drive, Carlisle, Cumberland County, Pennsylvania; 2. Petitioner is William C. Dyarman, Executor of the Estate of Viola M. Dyarman, having been appointed Executor by Will dated June 8, 2006, see attached; 3. Decedent died testate with letters testamentary being granted to William C. Dyarman on June 1, 2007 by the Deputy Register of Wills of and for Cumberland County, Pennsylvania with the advertisement of the grant of letters being on June 15, June 22, and June 29, 2007; 4. The following persons are entitled to share in the decedent's estate under the Will or Intestate Laws: a. William C. Dyarman, Executor, Will \0 r--.) <=:> (::;) co :en -0 .::0 , OJ - .. :Xl ;~ (2) ;..!) (-..... ~J iI, CJ C) -r"1 --- -q ;:: h1 '''''.iJ (-j .'{1 -0 -.,.... -.... LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 10 1 CARLISLE, PA 17013 b. Wanda L. Weary c. Michael E. Dyarman The above have not received or retained any property of the Decedent by payment of wages under ~31 01 of the Probate, Estates and Fiduciaries Code; 5. The Decedent's estate on her date of death was comprised of the following: M& T Bank Savings Account #15004198151795 2006 Federal Income Tax Refund Proceeds from sale of Vehicle Adams County National Bank Estate Acct. # 2263947 - Interest June-Sept. 2007 Sale of Personal Property Carlisle Regional Medical Center - Refund Suburban Propane - Refund Nationwide Insurance - Refund PA Income Tax - Refund PP&L - Refund Readers Digest - Refund TOTAL GROSS ASSETS $ 3,609.05 $ 124.00 $ 500.00 $ 1.92 $ 2,810.00 $ 29.85 $ 123.23 $ 65.50 $ 80.10 $ 59.95 $ 8.95 $ 7,412.55 6. Disbursements made on the decedent's account prior to the filing of this petition include: LAW OFFICES OF STEPHEN J" HOGG 19 S. HANOVER STREET SUITE 10 1 CARLISLE, PA 17013 EXPENSES AND DISBURSEMENTS M& T Bank Loan Payoff Aeet # 100 011 7725443 0001 $ 2,189.98 Property Tax $ 129.79 $ 41.67 $ 374.00 $ 33.71 $ 153.99 $ 2,923.14 York Waste Disposal, Ine. Pine Ridge Lot Rent Embarq PP&L Electric Subtotal ADMINISTRATIVE EXPENSES Attorney fees to Stephen J. Hogg, Esquire $ 1,000.00 Personal Representative's Commission $ 370.63 Probate fees $ 98.00 Inventory and Inheritance Tax Return Filing $ 30.00 Petition for Settlement Filing Fee $ 15.00 Advertising: Cumberland County Law Journal $ 75.00 The Sentinel $ 150.64 Subtotal $ 1,739.27 TOTAL EXPENSES AND DISBURSEMENTS $ 4,662.41 7. The following are outstanding debts owed by the estate: Apex - Coil. Agency for Central Penn Mgmt $ 424.23 Acet. # 434798 - $217.73 Acet. # 444316 $206.50 LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 Jon Barry & Associates - Acct # 7016502 Coil. Agency for Carl. Regional Medical Center Bronstein Jeffries - Acct # 34925 Carlisle Regional Medical Center Acct # 7688988 Carlisle Regional Medical Center Acct # 9368425 Carlisle Regional Medical Center Acct. # 7683861 Carlisle Regional Medical Center Acct # 7691244 Carlisle Regional Medical Acct # 7696382 Walnut Bottom Radiology Acct # 142016 Walnut Bottom Radiology Acct#151114 Walnut Bottom Radiology Acct # 148669 Total Outstanding Debts TOTAL GROSS ASSETS EXPENSES & DISBURSEMENTS REMAINING BALANCE OUTSTANDING DEBTS $3,948.69 $ 22.68 $ 819.05 $ 900.00 $ 205.66 $ 186.23 $ 45.00 $ 83.46 $ 119.79 $ 89.79 $ 6,844.58 $ 7,412.55 ~ 4,662.41 $ 2,750.14 ~ 6,844.58 $-4094.44 8. A Pennsylvania Inheritance Tax Return was filed with the Cumberland County Register of Wills on 10/31/07 with said return showing the estate was insolvent with no net value subject to inheritance tax; LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE. PA 17013 9. Ten days written notice of intention to present this petition to the Cumberland County Orphan's Court has been given to every unpaid beneficiary, heir or claimant who has not joined in the petition or consented thereto; and 10. There is no net value to the estate available for distribution and therefore the Petitioner as the Executor should be discharged. Date:> p ~frj ,/t~ ~ Stephen J. H09g,~ire Personal Representative for the Estate of Viola M. Dyarman William C. Dyarman, Executor E~ TATE OF VIOLA IVI. DYAR1V1AN A V AILABLE ASSETS $ 2,750.14 CREDITOR ACCT. # AMT. OWED AMT. TO PAY APEX Asset Mgmt. LLC 43498 $ 217.73 $ 87.52 P.O. Box 7044 44316 $ 206.50 $ 83.00 Lancaster, P A 17604-7044 Jon Barry & Associates 7016502 $3,948.69 $1,586.24 216 LePhillip Court P.O. Box 127 Concord, NC 28026 Bronstein Jeffries, P A 34925 $ 22.68 $ 9.17 4830 Londonderry Road Harrisburg, P A 17109 Carlisle Regional Medical Ctr. 7688988 $ 819.05 $ 329.07 P.O. Box 4100 9368425 $ 900.00 $ 361.59 Carlisle PA 17013-4100 7683861 $ 205.66 $ 82.68 7691244 $ 186.23 $ 74.86 NCO Financial Systems, Inc. 7686382 $ 45.00 $ 18.13 140 Sprint Drive Blountville, TN 37617 Walnut Bottom Radiology WBR-142016 $ 83.46 $ 33.58 P.O. Box 382 WBR-151114 $ 119.79 $ 48.17 Huntingdon, P A 16652 WBR-148669 $ 89.79 $ 36.12 TOT AL DISTRIBUTION $2,750.13 , '; '. :;;{~:,j:{;: ':" .' t' ,'~::'~< : :",~::. ~,".::' '.:: .'. ("'>(,;';::/li.);:',~:;~ ~~., .: "~. \ . ~ J.'.~ .,::~ . . . .. . . . . . < ....n:-: . ~ l~. . I ". ~. ,..... . , ~ ~ ~ _ ~ '\. \ .... . ..- WILL OF VIOLA M. DYARMAN I, Viola M. Dyarman of Cumberland County, Carlisle, Pennsylvania, declare this to be my last Will and hereby revoke all prior Wills and Codicils. 1. I direct that all my just debts, funeral expenses, gravemarker and administrative expenses shall be paid from my residuary estate as soon as practicable after my death. 2. I direct that all inheritance, estate, transfer, succession and death taxes of any kind whatsoever which may be payable by reason of my death shall be paid out of my residuary estate. 3. I direct that my entire estate be distributed as follows: A. I direct that my entire estate be divided into equal shares between my children, William C. Dyarman, Wanda L. Weary and Michael E. Dyarman. B. If any of my children should predecease me, I direct that their share shall lapse and be divided into equal shares between my grandchildren, Natasha A. Dyarman, Joshua W. Dyarman, Miranda L. Dyarman and Colton T. Weary. 4. I appoint William C. Dyarman, as Executor of this my last Will. If William C. Dyarman should predecease me or cease to act in such capacity, I appoint Michael E. Dyarman as alternate. 5. The Executor of this Will shall have the power to distribute my estate in kind or in cash, or partly in either. 6. I direct that no Executor acting under this Will shall be required to enter bond in any jurisdiction. IN ~LTNESS WHERE o . day of I have hereunto set my hand this ,2006. tV~, 'Y>1, 'D~~ Viola M. Dyarman LAW OFFICES )F STEPHEN J. HOGG 19S.HANOVERSTREET SUITE Ie: CARLISLE, PA 17013 LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 The preceding instrument consisting of this and one other page was on the day and date hereof signed, published and declared by Viola M. Dyarman as and for her last Will in the presence of us, who at her request, in her presence and in the presence of each other have subscribed our names as witnesses hereto. ')2-., W LJ ~" WITNESS Aa~~~Z~f WITNE S ~. . -~_......~".. ACKNOWLEDGMENT LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 State of Pennsylvania ss County of Cumberland I, Viola M. Dyarman, the Testatrix, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my last Will; that I signed it willingly and as my free and voluntary act for the purposes therein expressed. ~ J...? 0 ij i<VY AA<tI "'- Viola M. Dyarman' NOT~~ 1 ~ ... ..oG4. >fCTw<Y "VlOl--<: J CIoIUIk.lIlCllO. ~ co.. ~~ }&1~_~3.2OCa . AFFIDAVIT State of Pennsylvania ss County of Cumberland We, {lg ~~ VJ \fle.-a.Y't and , the witnesses whose names are si ned to the attached or f regolng instrument, being duly qualified according to law, do depose and say that we were present and saw the Testatrix sign and execute the instrument as her last Will; that the Testatrix signed willingly and executed it as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testatrix signed the Will as a witness; and that to the best of our knowledge the Testatrix was at that time 18 or more years of age, of sound mind and under no constraint or due influ ceo ~0.A1M 0J V ~ ~y;orn to or affir this --15- day of o before me by witnesses, ,2006. MOtMII'L SI.'4 IT1Pl'EH ~ HOQG., NC1T1Rf P\JlIlJC C#IIa.I BCIAO. Cl.lUllERl.NlO co.. PA ~..~ DI'lflO 8Il"TEIoIBf:R 3. 2llClI REGISTER OF WILLS OF CUMBERLAND COUNTY,PENNSYLVAlUA COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS 07 0535 File Number 21 Personal Representative(s) of the Estate of VIOLA M. DYARMAN deceased, depose( s) and say( s) that the items appearing in the following inventory include all of the personal assets wherever situate and all of the real estate in the Commonwealth of Pennsylvania of said Decedent, that the valuation placed opposite each item of said inventory represents its fair value as of the date of the decedent's death, and that Decedent owned no real estate outside of the Commonwealth of Pennsylvania except that which appears in a memorandum at the end of this inventory. I verify that the statements made in this Inven- tory are tme and correct. I understand that false state- ments herein are made subject to the penalties of 18 Pa. c.s. S 4904 relating to unsworn falsification to authorities.. } J "'u . 1\' Jv Iv -,U&.L.Ci/iT\ v UYclA.lf'.-G'v'Y'. WILLIAM DYARMAN, Executor Attorney -- (Name) STEPHEN J. HOGG, ESQUIRE (Address) 19 S. HANOVER ST., STE. 101 (Telephone) (717)245-2698 (Supreme Court J.D. No.) 36812 CARLISLE PA 17013 DATE OF DEATH LAST RESIDENCE 29 MARYLIN DR. CARLISLE PA 17015 I FIGURES MUST BE TOTALED I 5/17/2007 186-28-5668 DECEDENT'S SOC. SEC. ~IO. .... "~ ;-) M&T BANK - SAVINGS ACCOUNT # 15004198151795 M&T BANK - SAVINGS ACCOUNT INTEREST #15004198151795 2006 FEDERAL INCOME TAX REFUND PROCEEDS FROM SALE OF VEHICLE ADAMS COUNTY NATIONAL BANK - ESTATE ACCOUNT #2263947 INTEREST - JUNE 2007 ADAMS COUNTY NATIONAL BANK - ESTATE ACCOUNT #2263947 INTEREST - JULY 2007 ADAMS COUNTY NATIONAL BANK - ESTATE ACCOUNT #2263947 INTEREST - AUG. 2007 (Attach additional sheets as needed) . ~ - 3,608.59 .. 0.46 - .. 124.00 ,. '-1 ,_- I C 500.00 0.17 0.34 0.57 TOT AL: 7,412.55 NOTE: TheVlemorandum of real estate outside the Commonwealth of Pennsylvania may, at the election of the personal representative include the value of each item, but such figures should not he extended into the total of the lnve"tnrv. (<:;".o:zn PI? l..'. .\' 3.~()f(b)) VIOLA M. DYARMAN Decedent Name 21 07 0535 File Number Page 1 Description of Inventory ADAMS COUNTY NATIONAL BANK - ESTATE ACCOUNT #2263947 INTEREST - SEPT.2007 0.84 SALE OF PERSONAL PROPERTY 2,810.00 CARLISLE REGIONAL MEDICAL CENTER - REFUND 29.85 SUBURBAN PROPANE-REFUND 123.23 NATIONWIDE INSURANCE - REFUND 65.50 PA INCOME TAX - REFUND 80.10 PP&L - REFUND 59.95 READERS DIGEST - REFUND 8.95 Subtotal $ 3,178.42 Grc,:-d Tot)' I s -. . '1'~.::;-: LAW OFFICES OF STEPHEN J. HOGG 19 S. H.\:--IOYER STREET SUITE 101 CARLISLE, PA 17013 IN RE: ESTATE OF VIOLA M. DY ARMAN :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, :.pENNSYLVANIA ORPHAN'S COURT DIVISION NO. 21 07-0535 NOTICE OF INTENT TO FILE A PETITION FOR SETTLEMENT OF SMALL ESTATE Please be advised that the Executor in the above captioned estate intends to file the attached petition to settle the above estate which has insufficient assets to pay all debts therefore, the appropriate percentage of each debt will be paid. Date ~p {2 r Stephen J. , Esquire Personal Repn:fsentative for Executor for the Estate Of Viola M. Dyarman " BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION PO BOX 28D6D1 HARRISBURG PA 17128- D6D1 h0TICE CF I~HERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX ~,.c._..,....,.... ., ...,. , . - 1. REV-1547 EX AFP (D6-D5) DATE 02-04-2008 ESTATE OF DYARMAN VIOLA M DATE OF DEATH 05-17-2007 FILE NUMBER 21 07-0535 COUNTY CUMBERLAND ACN 101 APPEAL DATE: 04-04-2008 ( See reverse side under Objections) Amount Remittedl I MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 CUT ALONG THIS LINE --+ RETAIN LOWER PORTION FOR YOUR RECORDS +-- ------------------------------------------------------------------------------------------- REV-1547 EX AFP (03-05) NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX ESTATE OF DYARMAN VIOLA M FILE NO. 21 07-0535 ACN 101 DATE 02-04-2008 STEPHEN J HOGG ESQ STE 101 19 S HANOVER ST CARLISLE PA 17013 TAX RETURN WAS: (X) ACCEPTED AS FILED CHANGED RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Real Estate (Schedule A) 2. Stocks and Bonds (Schedule B) 3. Closely Held Stock/Partnership Interest (Schedule C) 4. Mortgages/Notes Receivable (Schedule D) 5. Cash/Bank Deposits/Misc. Personal Property (Schedule E) 6. Jointly Owned Property (Schedule F) 7. Transfers (Schedule G) 8. Total Assets APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H) 10. Debts/Mortgage Liabilities/Liens (Schedule I) 11. Total Deductions 12. Net Value of Tax Return 13. (1) (2) (3) (4) (5) (6) (7) .00 .00 .00 .00 7,412.55 .00 .00 NOTE: To insure proper credit to your account, submit the upper portion of this form with your tax payment. (8) 7,412.55 (9) ClO) 1,739.27 9.767.72 Cl1) Cl2) Cl3) Cl4) 11 . "i06 QQ 4,094.44- .00 4,094.44- 14" Net Value of Estate Subject to Tax Charitable/Governmental Bequests; Non-elected 9113 Trusts (Schedule J) If an assessment was issued previuusly, lines 14, 15 and/or 16, 17, 18 and 19 w1l1 reflect figures that include the total of ALL returns assessed to date. ASSESSMENT OF TAX: 15. Amount of Line 14 at Spousal rate NOTE: 16. Amount of Line 14 taxable at Lineal/Class A rate 17. Amount of Line 14 at Sibling rate 18. Amount of Line 14 taxable at Collateral/Class B rate 19. Principal Tax Due TAX CREDITS' Cl5) .00 X 00 Cl6) .00 X 045 = Cl7) .00 X 12 Cl8) .00 X 15 Cl9)= .00 .00 .00 .00 .00 PAYMENT RECEIPT DISCOUNT (+) AMOUNT PAID DATE NUMBER INTEREST/PEN PAID (-) TOTAL TAX CREDIT .00 BALANCE OF TAX DUE .00 INTEREST AND PEN. .00 TOTAL DUE .00 * IF PAID AFTER DATE INDICATED, SEE REVERSE FOR CALCULATION OF ADDITIONAL INTEREST. IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU MAY BE DUE A REFUND. SFF RFVFR<:F <:TnF nF TIH<: Fnl>.. Fnl> TN<:Tl>II("'TTnN<: , 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) Tune 15,22 & 29, 2007 COpy OF NOTICE OF PUBLICA nON NOTICE Qf ADMINISTRATION Lellters of Testamentary on the Estate of VIoLA M. DYARMAN, late of Cumberland County, Carlisle, PA, _ deceased, have been granted to the undersigned. All persons knowing themselves.to be indebted to said . Estate will make payment immediately, and those ., having claims will present them for settlement to: William C. Dyarman. 4 Fairfield Street, # 2 Newville, PA 17241 01" to: "phen J. Hogg, Esquire 19 South Hanover Street, Suite 101 Carlisle, PA 17013 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 ~;~w~~ Sworn to and subscribed before me this 30th, day of Tune, 2007. C\u \',\tJJ\~ 'A. \JJO~ Notary Publ c My commission expires: q \ \ \O~ COMMONWEALTH OF PENNSYLVANIA Notarial Seal Christina L. Wolfe, Notary Public Carlisle Boro, cumberland County My Commission Expires Sepl1, 2008 Member, Pennsylvania Association Of Notaries PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEAL TH 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, V1Z: June 15, June 22 and June 29, 2007 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 thl' aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Dyarman, Viola M., dec'd. Late of Carli&le. Executor: William C. Dyarman, 4 Fairfield Strt"rt, #2 Ne\\>ville PA 17241. ' , At~orney: Stt"phen J. Hogg, Es- qUITe, 19 S. Hanover Street Suite 101, Carlisle, PA 17013. ' -- SWO AND SUBSCRIBED before me this 29 day of June, 2007 C~d~ Notary NOtARIAL SEAL DEBORAH A COLLINS Notary PublIc CARUSLE IORO. CUMIEALAND COUN1Y My Cornn'*IlOn ExpnaApt 21.2010