Loading...
HomeMy WebLinkAbout06-19-09 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA -ORPHANS' COURT DIVISION FIRST AND FINAL ACCOUNT Stated by Harry L. Bricker, Jr., Executor FOR ESTATE OF ELIZABETH G. ATTICKS, Deceased #1050-2007 Date of Death: Date of Executor's Appointment: Date of First Advertisement of Letters: Accounting for Period: October 16, 2007 October 16, 2007 to February 2009 Purpose of Account: Harry L. Bricker, Jr., Esquire, offers this accaunt to acquaint interested parties with the transactions that have occurred during his administration. The account also indicates the proposed distribution of the estate. It is important that the account be carefully examined. Requests for additional information or questions or objections should be directed to: Harry L. Bricker, Jr., Esquire 407 North Front Street Harrisburg, PA 17101 c- c~ ~ .~:~ T .. ,~ l ~ . ~ ` > 'r7 ~' ' C ~ ' LJ ~ ~ 7 TT a r- fro Cl ~ DECEDENT'S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF ELIZABETH G. ATTICKS [" ~ DECEASED,°-~ -~, t -L {~ No. 21-07-1050 ~J,7 r~7 ~-~ ~~ i ~~w -~-~ ~~ ~~ .. _. ~~ -1 PETITION FOR ADJUDICATION / •" STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.C. Rule 6.9 -,~ c {~~`^' =r~t t„p .. s. C-. 7 r.,1..~ ~ .. ~:..Y.:i u~ 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. INCL UDE ATTACHMENTS AT THE BAC% OF THIS FORM. Name of Counsel: HARRY L. BRICKER, JR. Supreme Court I.D. No.: 7049 Name of Law Firm: Harry L. Bricker, Jr., Attorney At Law Address: 407 North Front Street, Harrisburg, PA 17101 Telephone: (717) 233-2555 Fax: (7171233-8555 Form OC-01 rev. 10.13.06 Page 1 of 10 Estate of ELIZABETH G. ATTICKS ,Deceased 1. Name(s) and address(es) of Petitioner(s): Name. Harry L. Bricker, Jr. Address: 407 North Front Street Harrisburg, PA 17101 Identify any executors or administrators who have not joined in the Petition for Adjudication and Statement of Proposed Distribution and state reason: N/A Is this the first accounting by this fiduciary? ..................... m Yes Q No If not, identify prior accountings, the accounting periods covered, and the date of adjudication of the prior accounting. 2. Decedent died on October 16, 2007 m Letters Testamentary or ~ Letters of Administration were granted to Petitioner(s) on November 16. 2007 Date of Will (if applicable): October 24, 2005 Date(s) of Codicil(s) (if applicable): N/A Date of probate (if different from date Letters granted): Was a bond required? Yes m No If yes, state amount: Are proofs of advertising of the grant of Letters attached? ......... m Yes ^ No Dates of advertising of the grant of Letters: The Sentinel -Nov. 29, Dec. 06, 13, 2007 Cumberland Law Journal -Dec. 7, 14, 21, 2007 Form OC-01 rev. 10.13.06 Page 2 of 10 Estate of ELIZABETH G. ATTICKS Deceased 3. Was decedent survived by a spouse? ............................. Yes ~ No If yes, name of the surviving spouse: 4. Has the surviving spouse filed to take an elective share? ............. DYes ~ No (See Section 2201 et sue. of the Probate, Estates and Fiduciaries Code) 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 (if none, so state): N/A 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 m 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? .............................. ~ Yes m No Form OC-0! rev. 10.13.06 Page 3 of 10 Estate of ELIZABETH G. ATTICKS 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 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 Parry in Interest ~ Relationship and Leah May Atticks c/o Jan L. Brown, Esq. 845 Sir Thomas Court Harrisburg, PA 17109 Interest Diamond Ring Silverware Furniture Pictures J. Nedra Schilling Foundation Jewelry c/o Manufactures & Traders Trust Co., 213 Market Street Harrisburg, PA 17101 Form OC-o1 rev. 10.13.06 Page 4 of 10 Estate of ELIZABETH G. ATTICKS ,Deceased Name and Address of Each Party in Interest I Relationship and Comments, i/'any I Interest Estate of Joyce I. Miller Friend Automobile c/o George B. Handelsman, Esq. 2/3 of Residual 2]43 Ardmore Boulevard Estate Pittsburgh, PA 15221 Market Square Presbyterian 1 /3 of Residual Church Estate 20 S. Second Street Harrisburg, PA 17101 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. N/A 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). 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. Letters Testamentary for the Estate of Joyce I. Miller, whose date of death is March 25, 2008, were granted to Charlesetta McKinney, Executrix, on April 1, 2008 in Allegheny County, Pennsylvania. Form OC-O! rev. 10.13.06 Page 5 of 10 Estate of ELIZABETH G. ATTICKS 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? ^Yes Q Yes ^No ^ No DYes Yes ONo ~No DYes 0 Yes ^No Q No ^Yes ~ Yes ©No Q 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 mNo Was family exemption allowed? ................................ Yes ~No Family exemption claimant's name and relationship: Name: Relationship: Form OC-01 rev. 10.13.06 Page 6 of 10 Estate of ELIZABETH G. ATTICKS 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: Date Payment Interest January 11, 2008 9,000.00 July 14, 2008 6,148.39 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: N/A B. Has notice of the question requiring adjudication been given to the parties identified in Paragraph 9 above? .................. 0 Yes ^ No 15. 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. 10.13.06 Page 7 of 10 Estate of ELIZABETH G. ATTICKS Deceased 16. Had the decedent been adjudicated an incapacitated person? .......... 0 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. N/A B. Has notice of the additional receipts and disbursements been given to the parties identified in Paragraph 9 above? ............. Q Yes ~ No 18. If a reserve is requested, state amount and purpose. Amount: Purpose: N/A 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? .......................... DYes ~No As to real estate only? ........................................ Yes ~ No Form oc-ol rev. 10.13.06 Page 8 of 10 Estate of ELIZABETH G. ATTICKS ,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 Estate of Joyce I. Miller $11.26 (2/3 of Residual Est.) Market Square Presbyterian Church $5.62 (1/3 of Residual Est.) B. Principal: Proposed Dtstributee(s) Amount/Proportion Estate of Joyce I. Miller $6,870.30 (2/3 of Res. Est.) Market Square Presbyterian Church $3,435.16 (1/3 of Res. Est.) Submitted By: (All petitioners must sign. Add additional lines if necessary): `~~c? Nary s~-af h~~'it`oner~arry`L. Bricker, Jr. Name of Petitioner: FormOC-0/ rev. !0./3.06 Page 9 of 10 Estate of ELIZABETH G. ATTICKS Verification of Petitioner (Verification must be by at least one petitioner.) Deceased The undersigned hereby verifies * [that heishe he 1S title Executor of the above-named name of corporation Estate of Elizabeth G. Atticks 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 l 8 Pa. C.S. § 4904 (relating to unsworn falsification to authorities). Sign u ner * Corporate petitioners must complete bracketed information. 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 beyond the responses herein. c\ ~ Sign~~.~Qf nsel for Petitioner Form OC-0! rev. !0.!3.06 Page 10 of 10 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 13~, 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) November 29, December 06,13, 2007 COPY OF NOTICE OF PUBLICATION ESTAT~t~e _ Affiant further deposes that he/she is not ~ETreas TESTAMENTA~IY ~•the Estate of . of Hampden 'deceased AITTICK3 ELIZABETH G interested 1n the subject matter of the , , . Township; County of Cumberland, and Common- aforesaid notice Or advertisement, and that wealth of'RennsyNania, having been granted to the untlen;igned, all persons Indebted to said estate are '' all alle ationS in the fore oin statement g g g requestetl to make payment and those Having claims will present them for payment to: ~i aS t0 time, lace and character of h Barry L: Bricker,,Jr., Esquire publication are true. 407 North',Front Street ' ~HarttSbUrg, PA 17101 Executorand Attorney , Sworn to and subscribed before me this 13th. day of December, 2007. Notary Pub My commission expires: ql ~~~ COMMONWEALTH OF PENNSYLVANIA Notarial Seal Christina L. Wolfe, Notary Public Carlisle Boro, Curnberlarxi County My Ctxnmission Expires Sept 1.2008 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 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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, viz: December 7 December 14, and December 21, 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 the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Attacks, Elizabeth Q., deed. Late of Hampden Township. Executor: Harry L. Bricker, Jr., Esquire, 407 North Front Street, Harrisburg, PA 17101. Attorney: Harry L. Bricker, Jr., Esquire, 407 North Front Street, Harrisburg, PA 17101. ~- Lis Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 21 day of December, 2007 Notary NOTARIAL SEAL DEBORAH A COLUNS Notary Public CARLISLE BORO, CUMBERLAND COUNN My Commission Expires Apr 28, 2010