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HomeMy WebLinkAbout09-04-09 DECEDENT'S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF FRANCIS E. CZAJKOWSKI ,DECEASED No. 21-08-0595 N '~' ca ~ -~ , cn iii ~ t ~' + PETITION FOR ADJUDICATION / STATEMENT OF PROPOSED DISTRIBUTION ~ ~ ~ `~~ PURSUANT TO Pa. O.C. Rule 6.9 -+ ~ "~ n ~ t~ 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. INCLUDE ATTACHMENTS AT THE BACK OF THIS FORM. Marlin R. McCaleb, Esq. Name of Counsel: Supreme Court I.D. No.: 06353 Name of Law Firm: Law Offices -Marlin R. McCaleb AdClress: 219 EAst Main Street, Mechanicsburg, PA 17055 Telephone: Fax: (717) 691-7770 (717) 691-7772 Form OC-01 rev. 10.13.06 Page 1 of 10 Estate of Francis E. Czajkowski 1. Name(s) and address(es) of Petitioner(s): IJame.• Marlin R. McCaleb, Administrator 219 East Main Street Address: Mechanicsburg, PA 17055 Deceased 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. January 28, 2008 2. Decedent died on Letters Testamentary or ~ Letters of Administration were granted to Petitioner(s) on May 30, 2008 Date of Will (if applicable): N/A Date(s) of Codicil(s) (if applicable): N/A Date of probate (if different from date Letters granted): May 30, 2008 Was a bond required? DI'es ~ No If yes, state amount: Are proofs of advertising of the grant of Letters attached? ......... ~ Yes Q No Dates of advertising of the grant of Letters: 06/13/oa; 06/2o/os; 06/27/08 Form OC-01 rev. /0.13.06 Page 2 of 10 Estate of Francis E. Czajkowski 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? ............. ^Yes 0 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): No issue. 6. Did decedent marry after execution of Will or Codicil(s)? ...N~A ~ Yes 0 No Were any children born to decedent after execution of Will or Codicil(s)? .................................. NSA ...... ^Yes ~ 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? .............................. ~]x Yes ~ No Form OGU! rev. 10.!3.06 Page 3 of 10 Francis E. Czajkowski Estate of ,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 ojEach Party in Interest I Relationship and Comments ijan I Interest Frank Czajkowski Father Entire Estate 392-A Picardy Court Lakewood, NJ 08701 Form OC-01 rev. 10.13.06 Page 4 of 10 Frank E. Czajkowski Estate of 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. 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. N/A Form OC-01 rev. 10.13.06 Page 5 of 10 Francis E. Czajkowski Estate of 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 Claret Claim Wifl Claim Admitted? Be Pard !n Full? Chase Bank DYes Q Yes Cardmember Service $ 49.72 ~NO X'NO P.O. Box 15298 Wilmington, DE 19850-5298 National Action Financial ~YeS Q Yes Services $136.66 ~No ~No P.O. Box 9027 Williamsville, NY 14231-9027 Yes ~ Yes ^No 0 No Yes ~ Yes ~No 0 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? ................................ DYes ~No Was family exemption allowed? ................................ Yes ONo Family exemption claimant's name and relationship: Name: Relationship: Form OC-0! rev. /0.13.06 Page 6 of 10 Francis E. Czajkowski Estate of 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 10/24/08 $4,792.14 03/13/09 $ 7.65 $ 345.60 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: None B. Has notice of the question requiring adjudication been given to the parties identified in Paragraph 9 above? .................. 0 Yes 0 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-01 rev. !0.13.06 Page 7 of 10 Francis E. Czajkowski Estate of 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? ............. Yes ~ No N/A 18. If a reserve is requested, state amount and purpose. $500.00 Amount: Purpose: filing Account, other final expenses 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? ...N~A .................................. ©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 Form OC-01 rev. 10.13.06 Page 8 of 10 Estate of Francis E. Czajkowski 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(sJ Frank Czajkowski B. Principal: Proposed Distributee(s) Frank Czajkowski Amount/Proportion $ 1,412.47 Amount/Proportion $ 98,870.95 Submitted By: (All petitioners must sign. Add additional lines if necessary): v U Name of Petitioner: Marlin R, MCCaleb Administrator Name of Petitioner: Form 0001 rev. 10.!3.06 Page 9 of 10 Francis E. Czajkowski Estate of Verification of Petitioner (Verification must be by at least one petitioner.) Deceased /~ Thequ~yn~pdye~rpsi~gned hereby verifies * ~C~xxxxxxxx~gc~~xxxxxxxxxxxxxxxxxxxxxxx ~/+~KKK1PilCAYWIWJfF~QQ~IIQ~17.11YXYYYYYYYYYYY4'YV Y~c~] 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). r Signature of Pet' inner * 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. Signature of Counsel for Petitioner Form OC-01 rev. /0.13.06 Page 10 of 10 ~'he Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 MARLIN R. MCCALEB, ESQUIRE 219 EAST MAIN STREET P.O. BOX 230 MECHANICSBURG PA 17055 ~Ile~lahiot News NOw you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad # 0001862915 ran on the dates shown below: June 18, 2008 June 25, 2008 July 02, 2008 S to a subscribed befor 'me~his 8 ay of July, 2008 A. D. .~' ,,,.- ~ -tom Notary Public COMMONWEALTH OF P~NNSnVAN1A Notargl Seams'"'-"-_ Sheme L Kisne-, Nota ~ ~ ~~~ ry PubMc nJ~ Dauphin Member, PennsYivanfa~gs ~~ ~ 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, vlz: June 13 June 20 and June 27 2008 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. Czgikowski, Francis E. a/k/a F. E. Caajkowski a/k/a Fraak Czajkowski a/k/a Fraak E. Czajkowsi a/k/a Eddie Czak- jowski, deed. Late of East Pennsboro Township. Adminstrator: Mazlin R. McCaleb, Esquire, 219 East Main Street, P.O. Box 230, Mechanicsburg, PA 17055. Attorney: Mazlin R. McCaleb, Es- quire, 219 East Main Street, P.O. Box 230, Mechanicsburg, PA 17055. ,~ Lis Marie Coyne, E itor SWORN TO AND SUBSCRIBED before me this 27_day of June. 2008 ~~~~; NUTARiAI SEAL DE80RAH A COLLINS Nofary Public ~ARlill@ BORO, CUMBERLAND COUNTY My Colrmisslon Expires Apr 28, 2010 IN RE: ESTATE OF FRANCIS E. CZAJKOWSKI, Deceased Estate No. 21-08-0595 TO: ALL CREDITORS AND PARTIES IN INTEREST NOTICE OF FILING ACCOUNT Notice is hereby given that the First and Final Account and Statement of Proposed Distribution of Marlin R. McCaleb, Administrator of the Estate of the above-named decedent, were filed in the Office of the Register of Wills of Cumberland County, Pennsylvania, on September 4, 2009. Unless objections or exceptions thereto are filed in writing with the said Register of Wills beforehand, said Account will be presented to the Court of Common Pleas of Cumberland County, Pennsylvania, Orphans' Court Division, for confirmation on Tuesday, October 13, 2009, at 9:30 o'clock A.M., prevailing time, in Court Room No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. It is not necessary for you to be present unless you object or except to the administration of the estate as reported in these documents. Date: September 4, 2009 Marlin cCaleb, A ministrator 219 East Main Street P.O. Box 230 Mechanicsburg, PA 17055 (717) 691-7770 LAW OFFICES MARLIN R. McCALE6 Notices sent to: 1. Chase Bank Cardmember Service P.O. Box 15298 Wilmington, DE 19850-5298 2. National Action Financial Services P.O. Box 9027 Williamsville, NY 14231-9027 3. Frank Czajkowski 392-A Picardy Court Lakewood, NJ 08701 4. Robert Czajkowski 104 North Beverwick, Apt. 12 Lake Hiawatta, NJ 07034 5. Annemarie Schreiber, Esquire Carluccio, Leone, Dimon, Doyle & Sacks, L.L.C. 9 Robbins Street Toms River, NJ 08753 LAW OFFICES MARLIN R. McCALEB