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HomeMy WebLinkAbout10-23-09 (4)DECEDENT'S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF Russell C. Meck .DECEASED No. 21-07-0996 PETITION FOR ADJUDICATION / STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.C. RULE 6.9 r~ ~~~ ~~ ~_~ _~~ -~, _._r.7 ~...~ .r.. ~ * ~ 1 ....1 } ~ t !-~~ _.., ..... ; ~ ~~ - ~~. .,_ . _. ---I ~..__. F -~ ~'-,, . . ~~~ q This form maybe used in all cases involving the Audit of the Account of a Decedent's Estate. If space is insufficient, riders maybe 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. Name of Counsel: John E. Slike Esq. Supreme Court I.D. No.: 06262 Name of Law Firm: Saidis, Flower & Lindsay Address: 2109 Market Street Camp Hill, PA 17011 Telephone: 717-737-3405 Fax: 717-737-3407 E-mail: Form OC-O1 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 1 of 10 Estate of Russell C. Meck Deceased 1. Name(s) and address(es) of Petitioner(s): Name: I7anipl R Mrar_k Address: 774 1-Innoctnwn Rn~ri Mechanicsburg, PA 17050 Identify any executors or administrators who have not joined in the Petition for Adjudication and Statement of Proposed Distribution and Account and state reason: Is this the first accounting by this fiduciary? .......................................................................... ^X Yes ^ No If not, identify prior accountings, the accounting periods covered, and the date of adjudication of the prior accounting. 2. Decedent died on 10/25/2007 Q Letters Testamentary or 11 /02/2007 ^ Letters of Administration were granted to Petitioner(s) on Date of Will (if applicable): 05/03/1995 Date(s) of Codicil(s) (if applicable): Date of probate (if different from date Letters granted): Was a bond required? ^ Yes ~ IVo If yes, state amount: Are proofs of advertising of the grant of Letters attached? .......................................... ~ Yes ^ IVo Dates of advertising of the grant of Letters: 11 /16/2007 11 /23/2007 11 /30/2007 11 /14/2007 11 /21 /0200 11 /28/2007 Form OC-O1 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 10 ~~~~ Estate of Russell C. Meck . Deceased 3. Was decedent survived by a spouse? ........................................................................ ~ Yes 0 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 sew. 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): 6. Did the decedent marry after execution of Will or Codicil(s)? ............................................... ~ Yes ^X IVo Were any children born to decedent after execution of Will or Codicil(s) ~ Yes X^ 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 ~C-~~ Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 3 Of 10 ~~~ Estate of Russell C. Meck 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: Deceased A. State each party's relationship to the decedent and the nature of each party's interest(s): Name and Address of Each Party in Interest and Interest Daniel R. Meck 229 Hogestown Road Mechanicsburg, PA 17050 Nephew Stephanie Meck Grand Niece 229 Hogestown Road Mechanicsburg, PA 17050 .5 carat diamond ring nd fifty percent (50%) f the residue. fifty percent (50%) of ~e residue. Form ~C-~'/ Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 4 of 10 Estate of Russell C. Meck 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. 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. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 5 of 10 Estate of Russell C. Meck 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 Admitted? ill Claim Be Paid in Full? Above Attachment Total 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 ^X No Was family exemption allowed? ......................................................................................... Family exemption claimant's name and relationship: Name: Relationship: Yes a No Form OC-O1 Rev. 10.13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 6 of 10 `'~4. h ~qq t 3' f$ ~ R'W§ j.$ ~''.~ ~" '~3 yyQ~ „yF r ~;v d. fig.,. ~~ ~YU'bG 9 °~ ~ ~ ~~' ~ ~~k itlf~ ~ ~ 1F ~e~ :~ is } ~ ~~~ Estate of Russell C. Meck . 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 12/28/2007 50,000.00 06/25/2008 416.00 10/09/2008 269.26 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 0 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 X^ Wo 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. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 7 of 10 ~~~ gr 9.,r ff g ~5~:.~ 't" D$ D>rr~.. .'f`ig. ~. y 9 ~r`,~ e . ,y. mot' y Estate of Russell C. Meck Deceased 16. Had the decedent been adjudicated an incapacitated person? ............................................ ~ Yes 0 No If yes, attach a copy of the Order if available; otherwise state 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. Date Description Amount B. Has notice of the additional receipts and disbursements been given to the parties identified in Paragraph 9 above? .................................................... ~ Yes Q IVo 18. If a reserve is requested, state amount and purpose. Amount: 1,000.00 Purpose: The purpose of the reserve is to cover any additional filing fees and estate income taxes due and payable. 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 0 No If so, attach a copy of the notice. 19. Is the Court being asked to direct the filing of a Schedule of Distribution? ................................................................................ a Yes ~ No As to real estate only? .......................................................................................................... ~ Yes 0 No Form OC-O1 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 8 of 10 Estate of Russell C. Meck 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 See attached schedule B. Principal: Proposed Distributee(s) Amount Proportion See attached schedule Submitted By: (All petitioners must sign. Add additional lin s if necessary): . /1 , Name etitioner: Daniel R. eck Name of Petitioner: Name of Petitioner: Form oC-~~ Rev. 10.13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 9 of 10 ~~~, ~ ~~~ Estate of Russell C. Meck Deceased Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that nersne is nr~e of the above-named name of corporation 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). Signat a of Petitioner Dan el R. Meck Signature of Petitioner Signature of Petitioner '' 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. nature of Counsel for Petitioner ohn E. Slike Esq. Form ~C-U1 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 10 of 10 Tyhe Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 SAIDIS, FLOWER & LINDSAY ATTN: JO ANN SEKER 2109 MARKET STREET CAMP HILL PA 17011 ~~ ~.,., 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 # 0001775079 ran on the dates shown below: November 14, 2007 November 21, 2007 - November 28, 2007 ~curoR~s Mar~c~ R El C on tht.EsMM of ~ ~~~•A~~ K. la#~ of East Penas- ; . ~/ . 1s bolo y p ~`; r ~~s.~r~""i~~'°~ a ~ a orn to and sub i ed before me this 28 day of November, 2007 A.D. n . t ~ilr ~R , b: ~. ~ ~, °~ Notary Public ~1N~r t'1"'~r cw~r ~ p~ ~~ COMMONWEALTH OF PENNSYLVANIA ~+~+- ~ pws~ ~on~-e Notarial Seal James L. Clwk, Notary Public ~ ~ ~ ~ ~~ My GxnmMelon E~lree Juurw 2, 2008 Member, Panrnylvenle Assaalr~tlon of NotNrlse c~he ~latriot News Now you know 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: November 16, November 23, and November 30, 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. r c ~/ ~' v '~-,~-, Lida Marie Coyne, Edi r .~- Mec>r, Russell C., deed. Late of East Pennsboro Town- ship. Executor: Daniel R. Meck, 229 Hogestown Road, Mechanicsburg, PA 17050. Attorneys: John E. Slike, Esquire, Saidis, Flower & Lindsay, 2109 Market Street, Camp Hill, PA 17011. SWORN TO AND SUBSCRIBED before me this 30 day of November, 2007 Notary NOTARIAL SEAL DEBORAH A COLLINS Notory public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 LAW OFFICES JOHN E. SLIKE ROBERT C. SAIDIS JAMES D. FLOWER, JR CAROL J. LINDSAY JOHN B. LAMPI DANIEL L. SULLIVAN ALBEP.T H. MASLAND DEAN E. REYNOSA THOMAS E. FLOWER MARYLOU MATAS JASON E. KELSO SAIDIS, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 2109 MARKET STREET CAMP HILL, PENNSYLVANIA 17011 TELEPHONE: (717) 737-3405 -FACSIMILE: (717) 737-3407 EMAIL: attorneyCa3sf1-law.com www.sfl-law.com October 23, 2009 Mr. Daniel R. Meck 229 Hogestown Road Mechanicsburg, PA 17050 Re: Estate of Russell C. Meck; File No. 21-07-0996 Dear Stephanie, CARLISLE OFFICE: 26 WEST HIGH STREET CARLISLE, PA 17013 TELEPHONE: (717)243-6222 FACSIMILE: (717)243-6486 REPLY TO CAMP HILL Enclosed is a copy of the Summary of Account for the Estate of Russell C. Meck which will be presented for audit on November 24, 2009. Any objections to the Summary of Account must be filed with the Court of Common Pleas of Cumberland County, Pennsylvania, Orphans' Court Division, Cumberland County Court House by November 24, 2009 at 9 o'clock a.m.; otherwise, any objections will be deemed waived. If you have any objections or questions regarding the Summary of Account, please call us so we can resolve any problems prior to the audit. Very truly yours, SAIDIS, FLOWER & LINDSAY o E. Slike Js Enclosures LAW OFFICES JOHN E. SLIKE ROBERT C. SAIDIS JAMES D. FLOWER, JR CAROL J. LINDSAY JOHN B. LAMPI DANIEL L. SULLIVAN ALBERT H. MASLAND DEAN E. REYNOSA THOMAS E. FLOWER MARYLOU MATAS JASON E. KELSO SAIDIS, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 2109 MARKET STREET CAMP HILL, PENNSYLVANIA 17011 TELEPHONE: (717) 737-3405 -FACSIMILE: (717) 737-3407 EMAIL: attorney@sfl-law.com www.sfl-law.com October 23, 2009 Ms. Stephanie Meck 229 Hogestown Road Mechanicsburg, PA 17050 Re: Estate of Russell C. Meck; File No. 21-07-0996 Dear Stephanie, CARLISLE OFFICE: 26 WEST HIGH STREET CARLISLE, PA 17013 TELEPHONE: (717)243-6222 FACSIMILE: (717)243-6486 REPLY TO CAMP HILL Enclosed is a copy of the Summary of Account for the Estate of Russell C. Meck which will be presented for audit on November 24, 2009. Any objections to the Summary of Account must be filed with the Court of Common Pleas of Cumberland County, Pennsylvania, Orphans' Court Division, Cumberland County Court House by November 24, 2009 at 9 o'clock a.m.; otherwise, any objections will be deemed waived. If you have any objections or questions regarding the Summary of Account, please call us so we can resolve any problems prior to the audit. Very truly yours, SAIDIS, FLOWER & LINDSAY o E. Slike Js Enclosures IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN THE ESTATE OF: No. 21-07-0996 RUSSELL C. MECK, deceased Late of East Pennsboro Township CERTIFICATION OF NOTICE I hereby certify that written notice of the date, time and place of presentation of the First and Final Account for the Estate of Russell C. Meck for audit and proposed statement of distribution has been given by first class mail on October 23, 2009, to every unpaid claimant who has given written notice of a claim and to every other person known to have or to claim an interest in the estate as beneficiary, creditor, heir or next of kin pursuant to Pennsylvania Orphans' Court Rule 6.31. Date: / 0 J~ 3 /~ y' J E. Slike, Esquire ttorney I.D. No. 06262 Saidis, Flower & Lindsay 2109 Market Street Camp Hill, PA 17011 Telephone: (717) 737-3405