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HomeMy WebLinkAbout01-29-09DECEDENT'S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF Diane Marie Coppens n ~=a _o DECEASE x,,, No. 2007-00347 ~~~ -'`~'- rri '-~ ~,' ~---_- . 'v'. ' _- ~ tD ~ _ ` C_C ~~ ( 3 ~~ n GJ PETITION FOR ADJUDICATION / ` STATEMENT OF PROPOSED DIST w RIBU PURSUANT TO Pa. O.C. Rule 6.9 TION 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-I9 inclusive, and any instrument pertinent to the adjudication. INCLUDEATTACHMENTSAT THE BACX OF THIS FORM. Name of Counsel: Karl M. Ledebohm, Supreme Court I.D. No.: 59012 Name of Law Firm: Karl M. Le P.O. Box 173 717-938-6929 Form OC-0/ rev !0.!3.06 Page 1 of 10 Estate of Diane Mazie Coppens Deceased Name(s) and address(es) ofPefitioner(s): %e, Daniel J. Coppens Andres:: 813 North Walnut Street Mechanicsburg, PA 17055 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. Petition for Adjudication together with First and Partial Account of Daniel J. Coppens, Administrator, was filed on Mazch 28, 2008 and confirmed June 17, 2008. 2. Decedent died on March 17, 2007 ^ Letters Testamentary or ©Letters of Administration were granted to Petitioner(s) on April 11, 2007 Date of Will (if applicable): Date(s) of Codicil(s) (:f applicable): Date of probate (if d~erent from date Letters granted): April 11, 2007 Was a bond required? Yes ©No If yes, state amount: Are proofs of advertising of the grant of Letters attached? ........ . *originals attached to account filed 3/28/2008, copies are attamched Sher^eto.e Dates of advertising of the grant of Letters: Oberland Law Journal on April 20, 27 and May 4, 2007. The Sentinel on A Form OC-01 rev, /0./3.06 23 and 30, 2007. Page 2 of 10 Estate of Diane Marie Deceased 3• Was decedent survived by a spouse? ............................ . ^/ Yes ^ No If yes, name of the surviving spouse: Daniel J. Coppens 4. Has the surviving spouse filed to take an elective share? . (See Section 2201 et sue. of the Probate, Estates and Fiducdaries Code) ~ Yes ~ No 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 (tfnone, so state): None 6. Did decedent marry after execution of Will or Codicil(s)? .......... . ^ Yes ^ No Were any children born to decedent after execution of Will or Codicil(s)? .......................................... . ^ Yes ^ No If yes, give names and dates of birth: Name: Dade 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? ............................. . Yes ~ No Form OGO/ rev. !0.13.06 Page 3 of 10 Estate of _Diane Marie Coppens Deceased 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 ofthe Notice as well as a list ofthe 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. ]n 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. 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): Catherine Kubeika Mother of Decedent Schuylkill Manor Nursing Home 1000 Manor Road Pottsville, PA 17901* *C/O John Kubeika, Attorney-in-fact for Catherine Kubeika 920 Magnolia Drive, Enola, PA 17025 Form OC-0! rev. !0.!3.06 Ms. Kubeika does not possesses an interest since net value of Estate is less than *$30,000.00. Page 4 of 10 Estate of Diane Marie Deceased t3. 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 Guardian/Trustee Ad Litem has or has not been filed for this Audit (see 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-01 rev. 1013.06 Page 5 of 10 Estate of Diane Marie Coppens ,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 Claiman! I Amours[ v Claim f Claim Will Claim Admi[fed? I Be Paid /n F lh None ^/ Yes ^/ Yes ^No ^No ^Yes ^Yes ^No ^No ^Yes ^Yes ^No ^ 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. 1 1. Was family exemption claimed? ................................ ^/ Yes ^No Was family exemption allowed? ................................ ^/ Yes ^No Family exemption claimant's name and relationship: Name: Daniel J. Coppens _ , Farm OC-0/ rev. !0.13.06 Spouse Page 6 of 10 Estate of Diane Marie Coppens 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: Dale Payment /n[eres! 12/13/2007 No tax or interest due* 0.00 or owing. 13. On the date of death, was the decedent a fiduciary (personal representative, trustee, guardian, 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 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? .................. ~ Yes ~ No 1 S. If Petitioner(s) has/have 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 OC-0/ rev. !0.13.06 Page 7 of 10 Estate of Diane Marie Coppens Deceased 16. Had the decedent been adjudicated an incapacitated person? .......... ^Yes ^/ 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. If a reserve is requested, state amount and purpose. 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? .......................... ^Yes ^/ No As to real estate only? ........................................ ^Yes ^/ No Forn<ocot rev. io.i3.o6 Page 8 of ]0 Estate of Diane Marie Coppens Deceased Wherefore, your Petitioner(s) ask(s) that distribution be awazded to the parties entitled and suggest(s) that the distributive shazes of income and principal (residuary shares being stated in proportions, not amounts) aze as follows: A. Income: Proposed Distributee(s) Daniel J. Coppens, surviving spouse of Decedent B. Principal: Proposed U'stributee(s) Daniel J. Coppens, surviving spouse of Decedent Distributee AmovnUProportion 100% AmounUProportion ] 00%* Final Aeeount Of Daniel J. COppenS, AdminlStl'atOC is attached hereto and made part hereof . Submitted By: (All petitioners must sign. Add additional lines if necessary): !V ~r 1. r<-a~,G 4 Name of Petrtwner: Daniel J. Coppens lvame o1 Petitioner: Form OC-01 rev, !0.13.06 Page 9 of 10 Estate of Diane Marie Coppens Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that neisne he is :,ae Administrator Deceased of the above-named ,as~xlt~xakxy of the above named Estate 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). Q``~`'r~' ~vl~Daniel J. Coppens Signature ofPetitioner * Admini stra[or * Corporate petltioners must complete bracketed information. CertiScation 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 orm have been made beyond the responses herein. l• ~ ~ ~ ~~ Karl . Ledebohm, Esq. r - Signature of Counsel for Petitioner Farm OC-0/ rev. 10./3.06 Page 10 of 10 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. ] 784 COMMONWEALTH OF PEN1`dSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyiie, 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 dte 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, 1 27, and May 4, 2007 Affiant further c!eposes 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 aforesaidl notice or advertisement, and that all allegations in the foregoing statements as to time, pl,ice and character of publication are true. t~ -~.--_._ ~~ L Marie Coyne, ditor L. S WORN TO AND SUBSCRIBED before me this 4 dayof_ Mav 2007 Coppeas, Diane M., decd. Late of Mechanicsburg. Administrator: Daniel Coppens, ~ 813 N. Walnut Street, Mechanics- ~ ,, ~ ) ry ~ burg, PA 17055. ~~ i~~ Attorney: Karl M. Ledebohm, Nn~ .ter Esquire. P.O. Box 173, New w ~ L Cumberland, PA 17070-0173. ~ Lf`R~~ s„-,. , ~ r o,,, ~ m .,~ I't p iG~lC, .. ,~ , ~. ,.__~. PROOF OF PUBLICATION State of Pennsylvania, Counq' of Cumberland Tamm Shoemaker Classified Advertisin Mana er, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of genera) circulation in the Borough of Carlisle, County and State aforesaid, was established December 13rn, ] 881, 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) April l6 2~11f1~ COPY OF NOTICE OF PUBLICATION E% TOR, n ESTATE OF DIANE M. COPpENS LATE OF MECMANICSBURG, PENNSYLVANIA, DECEASED Letters of Atlministratlon on said estate having been grantetl to the untlersigned, all persons intlebted thereto are requested to make immetllate payment, antl those having claims or demands against the same will present them without tlelay for settlement to Karl M. Letlebohm, Esquire, P,O. Box 173, New Cumberland, PA 17070-0173. Daniel Coppans, Atlministrator S13 North Walnut Street Mechanicsburg, pq 17055 Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or adverfisement, and that all allegations in the foregoing statement as to time, place and character of pu~~bp~lyyication are true P _-_ Sworn to and subscribed before me this 0lstldav of- M1v 207 i ;~{~~ ~ l ,1 ,I ~_ Notary Pub G My commission expires: ~~~~ ~(~ COMMONWEALTH OF pEIVNSYLUHNIA Notarial SEaI Chnstlna L. W~t~vW F~tN~ CarlISIe Bono rum Courryy Nty Canlrnlssion Expires Sept. 1, 2008 Msmber, Pennsylvaniz gse.,ciabon Ot Notaries U~ ~.~~ ~ ~ ~~,i!U~ FINAL ACCOUNT OF DANIEL J. COPPENS ADMINISTRATOR FOR THE ESTATE OF DIANE MARIE COPPENS DECEASED Date of Death: March 17, 2007 Letters of Administration advertised: Letters of Administration: April 11, 2007 Cumberland Law Journal: April 20, & 27 & May 4, 2007 Inventory filed: April 11, 2007 The Sentinel: April 16, 23 & 30, 2007 Estate No.: 2007-00347 First and Partial Account filed: March 28, 2008 (the "First and Partial Account"~, Order confirming absolutely the First and Partial Account and decreei~~ v distribution entered on June 17, 2008 ~<~ ~ r N ~~~ ~ PRINCIPAL ACCOUNT RECEIVED-REAL ESTATE c ~ c. -n DTI None since the filing of the First and Partial Account and order of the ~t (the "Order"). r Total Principal Account Received -Real Estate $0.00 PRINCIPAL ACCOUNT RECEIVED -PERSONAL ESTATE None since the filing of the First and Partial Account and order of the Court (the "Order"). I. The First and Partial Account listed the following: UNLIQUIDATED WRONGFUL DEATH/NEGLIGENCE CLAIM PENDING Upon further investigation and upon the written opinion of two law finns which customarily handle such claims, Accountant has determined that the cost of pursuing the above claim outweighs any reasonable anticipated recovery which may be obtained from a jury in Cumberland County or any other court of proper jurisdiction and; therefore, the above claim has no value to the Estate. $0.00 Total Principal Account received $0.00 Total Principal Account received -real and personal estate $0.00 DISBURSEMENT ACCOUNT 1. Additional legal fees since First and Partial Account 804.24 2. filing fee to Register of Wills 180.00 Total Disbursement Account $984.24 RECAPITULATION 1. Total Principal Account Received 2. Total Disbursement Account $0.00 3. Balance for distribution $984.24 ($984.24) PROPOSED SCHEDULE OF DISTRIBUTION Balance available for distribution To: Daniel J. Coppens 813 North Walnut Street 0.00 Mechanicsburg, PA 17055 (Shaze to which Mr. Coppens is entitled to under 20 Pa. C.S.A. Section 2102(3)) Total balance to be distributed $0.00 BASIS FOR DISTRIBUTION The proposed schedule of distribution is based upon 20 Pa. C.S.A. Section 2102(3) governing the intestate share of surviving spouse where there are no issue of Decedent and Decedent is survived by her mother, Cathy Kubeika. Since the value of the Estate available for distribution is less than $30,000.00, the said Cathy Kubeika does not possess an interest in Estate. Respectfully submitted, Danie] J. Coppens, Administrator and Accountant