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HomeMy WebLinkAbout10-23-09 (2)DECEDENT'S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION `...~ ~-_- f.~ -- ~ ~.~: .~:: ~ xa ~~ . ~ ~. ~ c-~~ _ r 4-~ ~ ---s C .4` i~ ESTATE OF LILLIAN C. O'BRIEN ,DECEASED .., t, ~? r.,a ~ ~ ~=~ No. 21-07-0101 ` ~' '~' ~ ~~ ~ ~ ;, -- _ ~~. ~ - c~ PETITION FOR ADJUDICATION / STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.C. Rule 6.9 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. Name of Counsel: STEPHEN J. NOGG, ESQUIRE Supreme Court I.D. No.: 36812 Name of Law Firm: Address: 19 SOUTH HANOVER STREET, SUITE 101, CARLISLE PA 17013 Telephone: (717)245-2698 Fax:~717)245-0829 Form OC-01 rev. 10.13.06 Page 1 of 10 i Estate of LILLIAN C. O'BRIEN _. _, Deceased 1. Name(s) and address(es) of Petitioner(s): Name: Michael E. O'Brien Address: 520 Reno Street, Apt. 7 New Cumberland, PA 17070 Identify any executors or administrators who have not joined in the Petition for Adjudication and Statement of Proposed Distribution and state reason: Is this the first accounting by this fiduciary? ..................... ~ 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 January 20, 2007 Letters Testamentary or ~ Letters of Administration were granted to Petitioner(s) on Date of Will (if applicable): Date(s) of Codicil(s) (f applicable): Date of probate (f different from date Letters granted): 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: February 9, 2007, February 16, 2007 and February 23, 2007 Form OC-01 rev. 10.13.06 Page 2 of 10 I Estate of LILLIAN C. O'BRIEN 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 ~ 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): 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: 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? ..... 0 Yes ~ No Form OC-01 rev. 10.13.06 Page 3 of 10 Estate of LILLIAN C. O'BRIEN 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 o Each Pa in Interest ~ Relationshiv and Interest Michael E. O'Brien Son 25% 520 Reno Street, Apt. 7 New Cumberland, PA 17070 Leilani J. Brandt Daughter 25% 832 Mountain Road Newville, PA 17241 Form oc-Ol rev. 10.13.06 Page 4 of 10 Estate of LILLIAN C. O'BRIEN Name and Address o Each Par in Interest ~ Relationship and Con JODY L. GILBERT DAUGHTER 26 CHESTNUT STREET NEWVILLE, PA 17241 RICHARD A. O'BRIEN SON 2501 PERTH DRIVE EDMOND, OK 73013 Deceased Interest 25% 25% 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. 10.13.06 Page 5 of 10 Estate of LILLIAN C. O'BRIEN 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 Fu/l ? SPIRIT OF AMERICA $ 215.32 Wes ~ Yes c/o Balough Becker LTC ~No ~ No 4150 Olsen Mem. Hwy. Suite 200 Minneapolis MN 55422 FIA Card Services, NA $ 1,455.88 Yes ~ Yes Estate Unit DES-014-02-03 No ~ No 1000 Samoset Drive Wilmington DE 19884 Discover Financial Services $ 14,791.70 Yes ~ Yes c/o Balough Becker, LTD ~]No Q No 4150 Olson Mem. Hwy. Suite 200 Minneapolis, MN 55422 Estate Recoveries, Inc. $ 367.44 Yes Q Yes P.O. Box 3542 No No Baltimore, MD 21214 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: Relationship:, Form OC-Ol rev. 10.13.06 Page 6 of 10 Estate of LILLIAN C. O'BRIEN 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 16, 2008 680.13 (11.54) March 3, 2009 179.59 (56.29) August 17, 2009 15.13 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 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-OI rev. 10.13.06 Page 7 of 10 Estate of LILLIAN C. O'BRIEN 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. 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. Amount: 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 Q 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? ............. ~ es ~ o . ......................... Y N Form OC-o~ rev. 10.13.06 Page 8 of 10 Estate of LILLIAN C. O'BRIEN ,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) B. Principal: Proposed Distributee(s) Amount/Proportion Submitted By: (All petitioners ~:ust sign. Add additional lines if necessary): ~ r /.. ~~ Name of Petitioner: MICHAEL E. O'BRIEN Name of Petitioner: Form OC-01 rev. 10.13.06 Page 9 of 10 Estate of LILLIAN C. O'BRIEN Deceased Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that he/she is rime 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). t ~-~~~ 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 fo a been made beyond the responses herein. /~ of Counsel ,~dr Petitioner Form OC-01 rev. 10.13.06 Page 10 of 10 ESTATE OF LILLIAN C. O'BRIEN ATTACHMENT TO ITEM #9: MAYNARD BAUM 27 WEST HIGH STREET CARLISLE PA 17013 MADALINE FOLTZ 1910 STERRETTS GAP AVENUE CARLISLE PA 17013 ATTACHMENT TO ITEM #10: DCM Services/Citibank P.O. Box 1568 Minneapolis, MN 55440-1568 Estate Recoveries, Inc. P.O. Box 3542 Baltimore, MD 21214 Joyce Runback Estate Recoveries, Inc. P.O. Box 24566 Baltimore, MD 21214 Wells Fargo Financial 4830 Carlisle Pike, E3 Mechanicsburg, PA 17050 Walmart P.O. Box 530927 Atlanta, GA 30353-0927 Weltman, Weinberg & Reis P.O. Box 163428 Columbus, OH 43272 LOWES P.O. Box 530914 Atlanta GA 30353 BROTHER SISTER $ 316.27 $ 1,459.38 $ 9,550.94 $ 1,292.00 $ 882.86 $ 10,342.00 $ 326.41 NONE NONE Y Y Y Y Y Y Y Y Y Y Y Y Y Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION NO. 21 07-0101 ESTATE OF LILLIAN C. O'BRIEN PROPOSED DISTRIBUTION OF $16,805.56 Michael E. O'Brien - 25% $ 4,201.39 Leilani J. Brandt - 25% $ 4,201.39 Jody L. Gilbert - 25% $ 4,201.39 Richard A. O'Brien - 25% $ 4,201.39 Total Estate Value $16,805.56