Loading...
HomeMy WebLinkAbout12-05-08U DECEDENT'S ESTATE ~, ,., <~ ;_~ COURT OF COMMON PLEAS OF I > ~ rn `~ (- ~'ci ~: ` CUMBERLAND COUNTY, PENNSYLVANIA -IT "~ i cn . I I;'~l - `~~ ORPHANS' COURT DNISION _~;~ i , ><,:=>- ~ ~ ~_ _' c'~ ' ' ', ;c- ;~' _ ,. ;. ~n ESTATE OF ETHEL L. WICKARD ,DECEASED No. 2007-00694 PETITION FOR ADJUDICATION / STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.C. Rule 6.9 This form may be used in all cases imotving the Audit of the Accoura of a Decedent's Estate. If space is insuj~cient, riders may be attached. Attach the spouse's election, if any; the papers required under items 8-]9 inclusive; and any instrument pertinent to the adjudication. INCLUDEATTACHMENTSAT THEBAC%OFTHIS FORM. Name of Counsel: ROBERT R. BLACK, ESQUIRE Supreme Court I.D. No.: 6267 Name of Law Firm: LANDIS & BLACK Address: 36 S. Hanover Street, Cazlisle, PA 17013 Telephone: (717) 243-3727 Fax: (7171 241-4829 Form OC-01 reu. !0.73.06 Page 1 of 10 Estate of ETHEL L. WICKAItD 1. Name(s) and address(es) of Petitioner(s): ,vo,,,e. George P. Wickard Donna L. Hill A~tres:_ 551 Bloserville Road Newville, PA 17241 515 Mohawk Road Deceased W. Wickazd 117 Flintstone Drive Newville, PA 17241 Newville, PA 17241 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? ..................... ®Yes ©No If not, identify prior accountings, the accounting periods covered, and the date of adjudication of the prior accounting. 2. Decedent died on July 12, 2007 m Letters Testamentary or Q Letters of Administration were granted to Petitioner(s) on July 23. 2~Q~ Date of Will (if applicable): December 6, 1968 Date(s) of Codicil(s) (if applicable): None Date of probate (if d~erent from date Letters granted): N/A Was a bond required? []Yes ®No If yes, state amount: Are proofs of advertising of the grant of Letters attached? ......... ~ Yes ~ No Dates of advertising of the grant of Letters: Cumberland Law Journal -Aug. 17, 24 & 31, 2007 Sentinel -Aug. 22, 29 and Sept. 5, 2007 Form oc-oi rev. 10.13.06 Page 2 of l0 Estate of ETHEL L. WICKARD Deceased 3. Was decedent survived by a spouse? ............................. ©Yes ®No Ifyes, name of the surviving spouse: 1•~i~ 4. Has the surviving spouse filed to take an elective shaze? ............. ®Yes ®No (See Section 2201 et sue. of the Prohate, Estates and Fiduciaries Code) Ifyes, date of election: N/A 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): N/A 6. Did decedent marry after execution of Will or Codicil(s)? ........... ©Yes m No Were any children born to decedent after execution of Will or Codicil(s)? ........................................... ®Yes ®No Ifyes, give names and dates of birth: .Yame.• A 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 Welfaze? .............................. ®Yes ~ No Fom oc-o! rev. lOJ3.06 Page 3 of 10 Estate of ETHEL L. WICKARD 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 certi£lcate (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 beneficiazies under the Will or Codicil(s) or as intestate heirs ifthere is a complete or partial intestacy: A. State each party's relationship to the decedent and the nature of each party's interest(s): George P. "Wickazd 551 Bloserville Road Newville, PA 17241 Donna L. Hill 515 Mohawk Road Newville, PA 17241 Son Daughter 1/3 ]/3 Form oao! rev. !0.13.06 Page 4 of 10 Estate of ETHEL L. WICKARD Larry W. Wickazd I Son I 1/3 117 Flintstone Drive Newville, PA 17241 Deceased 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. None C. State why a Petition for Guazdian/Trustee Ad Litem has or has not been filed for this Audit (seg Pa. O.C. Rule 12.4). N/A 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. N/A Form oc-o/ rev. /OJ3.06 Page 5 of 10 Estate of ETHEL L. WICKARD 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 andAddress offiach ClaimoM Amount ofClaim Claim Will Gaim Admitted? Be Paidln Full? Commonwealth of Pa. 159,241.44 mYes ®Yes Dept. of Public Welfare ®No ®No Estate Recovery Program A.O. Box 8486 Harrisbwg, PA 17105-8486 ©Yes Yes ®No ®No Yes Yes ~No 0 No ©Yes ®Yes ~No ~No If the estate is insolvent, attach a schedule setting forth the order of preference under 20 Pa.C.S. § 3392 and the proposed payments. 11. Was family exemption claimed? ................................ Yes ®No Was family exemption allowed? ................................ Yes ®No Family exemption claimant's name and relationship: Name: N~A Relofionsldp: P•orm oc-or .ev. ro.rs.os Page 6 of 10 Estate of ETHEL L. WICKARD Deceased 12. The amount of Pennsylvania Transfer Inheritance Tax and additional Pennsylvania Estate Tax paid, the date(s) of payment(s), and the interest(s) upon which paid, are as follows: Ome Poymem /merest None 13. On the date of death, was the decedent a fiduciary (personal representative, trustee, guazdian, agent under power of attorney) or surety on the bond of a fiduciary? ................... ®Yes ®No If yes, provide the name of the estate, indicate whether an account has been filed and confirmed absolutely and al] awards performed, or, in the alternative, how the decedent's estate will be discharged for the decedent's fiduciary administration of the estate. T ~,1 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 of the question requiring adjudication been given to the parties identified in Paragraph 9 above? .................. ©Yes ~ No iv/;, 15. If Petitioner(s) has/have knowledge that a shaze has been assigned, renounced, disclaimed or attached, provide a copy of the assignment, renunciation, disclaimer or attachment, together with any relevant supporting documentation. i~OriB Form oc-a/ rev. 10.13.06 Page 7 of 10 Estate of ETHEL L. WICKARD Deceased 16. Had the decedent been adjudicated an incapacitated person? .......... ®Yes m 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 Pazagraph 9 above? ............. ~ Yes ®No ft~b 18. If a reserve is requested, state amount and purpose. .__ __ 500.00 r°~se, Filing Account, Closing & Releases 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. Cony of :{ccount ,nailed to all interested parties. 19. Is the Court being asked to direct the filing ofa Schedule of Distribution? .......................... Yes ~No As to real estate only? ........................................ C3Yes m No F°m'°coi 'e"' io.is'°6 Page 8 of 10 Estate of ETHEL L. WICKARD 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 A'sMbulee(sJ None B. Principal: Proposed Dis(ribufee(s) None Amoum/Proportion AmouH/Proparlion Submitted By: (AU petitioners must sign. Add additional lines if necessary): Nam/~e of etitioner: George P. Wickazd ~T,,.~, or; Div Name of Petitioner: Donna~pL/. Hill (,f ~ l~ .~„GG~ _ :name o Petitioner: Larry w. Wickard Form oc-or rev. io.is.o6 Page 9 of 10 Estate of ETHEL L. WICICARD Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that n~i..ae of the above-named mm,e is Deceased and] that the facts set forth in the foregoing Petition for Adjudication / Statement of Proposed Distribution which aze within the personal Imowledge 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 1 g Pa. C.S. § 4904 (relating to unsworn falsification to authorities). Signature Petitioner Larry r~, ~Iickard * Corporate peNtloners must complete bracketed injormaHon. 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 bevond the responses herein. ~ ~~ Signature of Counsel for Petitioner ttobert 1,. 31ack Form OC-01 rev. l0. (3.06 Page 10 of 10 IN RE: ESTATE OF ETHEL L. WICKARD, DECEASED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DNISION NO. 2007-00694 NOTICE OF FILIN ACCOUNT NOTICE IS HEREBY GNEN that George P. Wickazd, Donna L. Hill and Larry W. Wickazd, Executors of the Last Will and Testament of Ethel L. Wickazd, Deceased, have this date filed the First and Final Account in the above-captioned estate in the Office of the Register of Wills in and for Cumberland County, Pennsylvania, where the same aze filed as public records and may be inspected. Enclosed is a copy of said Account. YOU ARE FURTHER NOTIFIED that any exceptions or objections to said Account must be filed in writing at the Office of the Register of Wills aforesaid prior to the confirmation of said Account, scheduled as set forth below. UNLESS written exceptions or objections are filed prior thereto, said Account and Schedule will be presented to the above-captioned Court in Courtroom No. 1 of the Cumberland County Courthouse, Cazlisle, Pennsylvania, at 9:30 A.M., prevailing time on Tuesday, January 13, 2009, at which time said Account will be confirmed. IS ~ BLACK By: ~ ~ ~, ~,~~~ Robert R. Black Date of Notice: __~G~/ 2008 T0: George P. Wickard 551 Bloserville Road Newville, PA 17241 Donna Hill 515 Mohawk Road Newville, PA 17241 Dept. of Public Welfaze Commonwealth of Pennsylvania Estate Recovery Program Attn: Snober V. Ketty P.O. Box 8486 Harrisburg, PA 17105-8486 CERTIFIED MAIL, Return Receipt Requested Attorney for the Estate of Ethel L. Wickard Larry W. Wickazd 117 Flintstone Drive Newville, PA 17241 IN RE: ESTATE OF ETHEL L. WICKARD, DECEASED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 2007-00694 FIRST AND FINAL ACCOUNT OF GEORGE P. WICKARD, DONNA L. HILL and LARRY W. WICKARD, EXECUTORS OF THE ESTATE OF ETHEL L. WICKARD LATE OF BOROUGH OF CARLISLE CUMBERLAND COUNTY, PENNSYLVANIA llate of Death: Letters Testamentary Granted: Letters Advertised: Sentinel- Cumberland Law Journal- Account Stated as Final July 12, 2007 July 23, 2007 August 22, 29 and September 5, 2007 ~_? August 17, 24 and 31, 2007 ~- _, SUMMARY & INDEX PRINCIPAL Receipts Conversions (Gain) or (Loss) Less Disbursements Balance Before Distributions Distributions to Beneficiaries Principal Balance Remaining INCOME Receipts Less Disbursements Income Balance Remaining COMBINED BALANCE REMAINING PAGE 2 88,769.09 0.00 3&4 88.769.09 2 0.00 4 - 0.00 ~'°~ ~_ z -D --i n 0.00 0.00 0.00 0.00 0.00 N °' -; i w ,~ ro '.-; ` ~ ,:._~ c ~ ~:; ;~ i ;~ ~ ~: ~ , ~, - - : _, ~ ~ ~ _~ ~ - N _- ~~~~~ m PRINCIPAL RECEIPTS 2007 7/23 Wachovia Bank -Checking Account #1000324157418, established 8/511982. Joint account with Larry W. Wickazd. $15,481.72 balance distributed to Joint Tenant with Right of Survivorship Larry W. Wickazd by operation of law. See attached letter. 8/6 M & T Bank -MTB Money Mazket CLA-Z Account #AZD443687, dated of death balance 8/6 M & T Bank -MTB Money Market CLA-Z Account #AZB4433687, return of August 2007 payment 9/11 United Church of Christ Homes -Rebate of Nursing Home Care 11 /8 Public Employees' Retirement Fund -Pro rata rebate 3/7 Estate of George B. Wickazd -Distributive share of estate 6/9 U.S Treasury -Stimulus Payment Total Principals Receipts INCOME RECEIPTS Total Income Receipts 0.00 29,128.38 6,500.00 4,462.18 245.02 48,133.51 300.00 88,769.09 0.00 PRINCIPAL pISBURSEMENTS '007 7/23 United Church of Christ Homes -Nursing Home Caze 7/23 Eby Granite Works -Lettering Tombstone 7/31 Hoffman-Roth Funeral Home -Funeral Services 7/31 St. Peters Lutheran Church -Funeral Luncheon 8/9 Milleum Phsy. Systems, Inc. -Drug Invoice 2008 3/18 Robert A. Miller -Income Tax Prepazation RESERVED George P. Wickard -Executor's Fee Donna L. Hill -Executrix's Fee Larry W. Wickazd -Executor's Fee Landis & Black -Attorney's Fee Landis & Black -Costs advanced as follows: Register of Wills -Probate Fee Cumberland Law Journal -Adv. Letters The Sentinel -Adv. Letters Register of Wills -File Inventory Register of Wills -File Inner. Tax Report Register of Wills -Additional Probate Fee 177.00 75.00 150.64 15.00 15.00 75 00 7,302.04 106.00 222.80 400.00 21.57 20.00 833.33 833.33 833.34 2,500.00 507.64 3 Commonwealth of Pennsylvania -Dept. of Public Welfare, Estate Recovery Program -Reimbursement 74,689.04 Filing Account, Releases and closing 500.00 Total Principal Disbursements 88,769.05 INCOME DISTRIBUTIONS Total Income Distributions 0.00 GEORGE P. WICKARD, DONNA L. HILL and LARRY W. WICKARD, Executors under the Last Will and Testament of ETHEL L. WICKARD, deceased, hereby declazes under penalties of perjury that they have frilly and faithfully dischazged the duties of their office; that the foregoing First and Final Account is true and correct and fully discloses all significant transactions occurring during the accounting period; that all known claims against the estate have been paid in full; that the first complete advertisement of the grant of letters was more than four months from the date the account was filed; that, to their knowledge, there are no claims now outstanding against the Estate; and that all taxes presently due from the estate have been paid. They understand that false statements herein made aze subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. %~ George.P: Wickazd, Executor ~ ~ ,~ o Dotm~ .Hill, Executrix ,~. ~. ~ ,, ~ ~ .n Zany W~ickazd, Executor LAST WILL AND TESTAMENT OF ETHEL L. WICKARD ur wneo .wola, aclsroeH e suck 'NXIl~IIMwfV~YY1M I, ETHEL L. WICKARD, of Upper Fraakford Township, R, D, 3, Newville, Pennsylvania, declare this to be my Last Wil] and revoke any Will previously made by me. ITEM I: I direct that all my just debts sad funeral expenses including mY grave marker shall be paid From the aenete of my estate ae soon as practicable after my decease, ITEM II: I devise and bequeath the residue of my estate, of evo.ry nature and wherever situate, to my husband, George B, Wickard, providing he shall survive me by sixty (60) days. ITEM III: Should my husband, George B. Wickard, predecease me or die oa or before the sixtieth day following my death, I devise and bequeath th residue of my estate, of every nature and wherever situate, to my issue livi: on the sixty-first day following my death, per atirpea. ITEM IV: I direct that all taxes that may be assessed in consequence of my death, of whatever nature and by whatever jurisdiction imposed, shall be paid from my residuary estate as a part of the expense of the administration of my estate. ITEM V: I appoint my husband, George B. Wicks rd, Executor of this m Last Will, Should my husband, George B, Wickard, fait to qualify or cease to act ae Executor, then I appoint my three children, George p. Wickard, Donna Lee Wickard and Larry W, Wickard, Executors of this my Last Will. ITEM VI: I direct that my personal repree entative shall not be required to give bond for faithful performance of their duties in any jurisdiction, IN WITNESS WHEREOF, !have hereunto set my hand this December, 1968. day of The preceding instrument, consisting of one aypewritten page, was on the day and data thereof signed, published and declared by Ethel L. Wickard, the Testatrix herein named, as and for her Last W;11, in the presence of us, who at her raqueat, in her presence and to the presence of each other, have sub- scribed our names as witness es thereto. >- ~' + II ... , k