Loading...
HomeMy WebLinkAbout12-11-09Estate of Jack Edward Henry ,Deceased 1. Name and address of Petitioner: MICHELLE NOVOSEL 2469 Cocklin 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: ~ ~~, ESTATE OF JACK EDWARD HENRY, DECEASED. Court of Common Pleas of Cumberland County, Pennsylvania Orphan's Court Division ESTATE OF JACK EDWARD HENRY, DECEASED. No. 21-2008-0085 PETITION FOR ADJUDICATION/ STATEMENT OF PROPOSED DISTRIBUTION PURSUANT to PA. O.C. Rule 6.9 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 EDMUND G. MYERS Attorney Identification Number: 20558 Johnson, Duffie, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043-0109 ,.,, r~ _ (717) 761-4540 ~~ . ~ ~' .. _. -- .? ,. ; Estate of Jack Edward Henry ,Deceased 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 D 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 ^ No Exhibit "F" 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 Adjudications 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 Notices 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. Exhibit "G" 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 in 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 has 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: 3 Estate of Jack Edward Henry ,Deceased A. State each party's relationship to the decedent and the nature of each party's interest(s): NAMES RELATIONSHIP TO DECEDENT INTEREST Minerva P. Henry Wife Spousal Elective Share 686 Fishing Creek Road New Cumberland, PA 17070 John P. Henry Son 1/4'" of Residue 2001 State Street Harrisburg, PA 17103 Hilda D. Christophel Daughter 1/4'" of Residue 434 Reno Avenue New Cumberland, PA 17070 Michelle L. Novosel Daughter 1/a`" of Residue 2469 Cocklin Street Mechanicsbur , PA 17055 Patricia Henry Daughter 1/4"' of Residue 2001 State Street Harrisbur , PA 17103 B. Identify each party who is not sui juris (e.g., minors or incapacitate persons). For each such party, give date of birth, name of each Guardian and how each Guardian was appointed. If no Guardian has been appointed, identify the next of the 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. 10. Other than the claim for the family exemption, list names of all known claimants and the amount of their claims and state whether each claim is admitted. Name and Addresses of Each Claimant Amount of Claim Claim Admitted? Will Claim Be Paid in Full? ^ Yes ^ Yes Lorraine D. Greene $7,000.00 D No D 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. 4 Estate of Jack Edward Hen 11. Was family exemption claimed? ................................. ^ Yes Was family exemption allowed? ................................. ^ Yes Family exemption claimant's name and relationship: Name: Deceased D No Q No Relationship: 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 March 4, 2009 $ 615.48 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 D 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: See attachment B. Has notice of the question requiring adjudication been given to the parties identified in Paragraph 9 above? .............................. D Yes ^ No 15. If Petitioner has 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. 16. Had the decedent been adjudicated an incapacitated person? ^ Yes D 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. 5 14. A Question regarding Adjudication Lorraine P. Greene submitted a claim for $2,000.00 for "utilities in lieu of stated rent" (August-November 2007) allegedly owed by Decedent and a claim for $5,000.00 for storage of Decedent's personal property (December 2007 -July 2009) @ $250/month. A copy of her claims is attached as Exhibit "H". The Estate denies liability. 1. There is no written agreement or lease executed by Decedent. Decedent had a life estate in the property, and Decedent vacated the property in August, 2007. 2. The claim for storage is unfounded since the property in question did not belong to the Decedent, and even if it did, Claimant prevented the Personal Representative from retrieving it. The amount of the claim for storage, even if any storage fee were justified, which the estate disputes, is excessive and unreasonable. Estate of Jack Edward Henry ,Deceased 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: $500.00 Purpose: Expenses incurred in preparation of Accounting and potential claims against the Estate 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 D No 6 Estate of Jack Edward Henry ,Deceased Wherefore, your Petitioner asks that distribution be awarded to the parties entitled and suggests that the distributive shares of income and principal (residuary shares being stated in proportions, not amounts) are as follows: A. Income: Proposed Distributee(s) Hilda D Christophel John P Henry Patricia Henry Michelle Novosel Minerva P Henry B. Principal: Proposed Distributee(s) Hilda D Christophel John P Henry Patricia Henry Michelle Novosel Minerva P. Henry Amount/Proportion 4.03 Amount/Proportion 2.957.96 2.957.97 2.957.97 2.957.96 5.915.93 Submitted by: IL.:1 l ~ ~ ~ ~~C~~---~ ~c ~i~, ~. ~~~. Michelle L. Novosel, Petitioner 7 Estate of Jack Edward Henry ,Deceased Verification of Petitioner (Verification must be signed by at least one petitioner) The undersigned hereby verifies that the facts set forth in the foregoing Petition for Adjudication/Statement Proposed Distribution which are within the personal acknowledge 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 ant false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). i~4~ 1~ ~ i~l~ ~1~, ~ L etitioner 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. Coun el for Petitioner 8 LISTING OF EXHIBITS FOR PETITION OF ADJUDICATION Exhibit A Letters of Ancillary Administration D.B.N.C.T.A. Exhibit B Court Order granting Resignation of Hilda D. Christophel Exhibit C Proof of Advertising ~ The Cumberland Law Journal Exhibit D Proof of Advertising ~ The Patriot News Exhibit E Copy of the Spousal Elective Share Exhibit F Statement Of Claim from Department of Welfare Exhibit G Notice to Beneficiaries of Filing of Account E~~IIBIT A REGISTER OF WILLS CUMBERLAND COUNTY PENNSYLVANIA CERTIFICATE OF GRANT OF LETTERS No . 2008- 00085 PA No . 21- 08- 0085 Estate Of : JACK EDWARD HENRY /First, Middle, Last) a/k/a : JACK E HENRY Late Of : NEW CUMBERLAND BOROUGH Deceased Social Security No: 182-22-5549 WHEREAS, on the 23rd day of October 2008 an instrument dated August 31st 2007 was admitted to probate as the last will of JACK EDWARD HENRY (First, Middle, Last) a/k/a JACK E HENRY late of NEW CUMBERLAND BOROUGH, who died on the 29th day of November 2007 and WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, GLENDA EARNER STRASBAUGH Register of Wills in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters of ANC. ADMINISTRATIOND.B.N.C.TA. MICHELLE L NOVOSEL who has duly qualified as ADM/N/STRATOR(R/X) D. B. N. C. T.A. and has agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYL VANIA. _ IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal - -- - - ___ _ -- of my office on the 23rd day of October 2008. Register o ills ~~ y **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST) „ ---__ IN RE: ESTATE OF JACK EDWARD HENRY, Late of the Borough of New Cumberland, Cumberland County, Pennsylvania, Deceased + QCT ~ 17 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION No. 21-08-0085 ORDER AND NOW, this L2~' of pis-~~,,~ , 2008, upon consideration of the Petition of Hilda D. Christophel for Leave to Resign as Executrix of the Will of Jack Edward Henry, IT IS HEREBY ORDERED that the resignation of Hilda D. Christophel as Executrix is accepted and approved, effective upon qualification of her successor, Michelle L. Novosel, Alternate Executrix of Decedent's Will. :347257v2 A TRUE COPY FROM. PECOA® In Testimony wherof, l hereunta set my hand and thA o2al of said Court at Carlisle. Ply rv __ ~ _, =~: -[; - c~ _ - ' ' - ~--~ :- ,_ _ ~~ ,r= ~- . - ~ J - ~ ~~ -- _ - - - ~- - __ -, - _' ~' - ~~ _ :- o ~~._. ~f4he Or{~hans Cumberland C By the Court: / EXHIBIT C 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: February 22, Februar 29 and March 7 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. 7/J Y Marie Coyne, Edit~ir Henry, Jack Edward a/k/a Jack E: Henry, deed. Late of the Borough of New Cum- berland. Executrix: Hilda D. Christophel, 434 Reno Avenue, New Cumber- land, PA 17070. Attorneys: Edmund G. Myers, Esquire, Johnson, Duffle, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. SWORN TO AND SUBSCRIBED before me this 7 day of March, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 The Patriot-News Co. `~°~12 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 JOHNSON, DUFFIE, STEWART & WEIDNER DANA WIESEMAN 301 MARKET STREET P.O. BOX 109 LEMOYNE PA 17043 ~~,e~latriot-dews 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 # 0001814539 ran on the dates shown below: _ February 20, 2008 - __ __ _ ebruary 27,2008 March 05, 2008 I ~. worn to and; s =bscribed before me this~05 day; of arch, 2008 A. D. _. _-- __ ~ ;' , - _..., - _ Notary Public -~ COMMONWEALTH OF PENNSYLVANIA Notarial Seai Sherrie L. Kisner, Notary Public City Ot' Harrisburg; Dauphin County My Comm~sion %xpin~s Nov. 28, 2011 Member, Pennsylvania AssoGation of Notaries EXHIBIT E KOPE & ASSOCIATES, LLC By: Shane B. Kope, Esquire Attorney I D 92207 4660 Trindle Road, Suite 201 Camp Hill, Pa 17011 (717) 761-7573 sbkope@kopelaw.com Attorney for Surviving Spouse IN RE: ESTATE OF JACK EDWARD : IN THE COURT OF COMMON PLEAS OF HENRY, Late of the Borough of :CUMBERLAND COUNTY, PENNSYLVANIA New Cumberland, Cumberland County Pennsylvania, Deceased :ORPHAN'S COURT DIVISION No. 21-08-0085 ELECTION OF SPOUSE TO TAKE AGAINST WILL AND CONVEYANCES TO: Hilda D. Christophel, Executor of the Last Will and Testament of Jack Henry. TO: Edmund G. Myers, Esq., Attorney for the Estate of Jack Henry. TO: The Register of Wills of Cumberland County and Glenda Farner, the Clerk of the Orphans' Court Division of the above Court. PLEASE TAKE NOTICE that the undersigned, Minerva P. Henry, surviving spouse of Jack Henry, deceased, does hereby elect to take against the last will and testament of the said decedent and against all inter vivos conveyances or transfers made by the said decedent which may be treated as testamentary dispositions so far as the undersigned is concerned under and pursuant to Chapter 22 of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S.A. § 2201 et seq., as amended, and to take said elective shares under and pursuant to this election as provided for in said Code. This notice shall be filed of record as provided by law or rule of court. ~.~ _ . inerva P. Henry Surviving spouse of Jack Henry __QCIATES, LLC " ~ _. SHAN SQ. Attorney for Surviving Spouse CERTIFICATE OF SERVICE I, Shane B. Kope, Esquire, do hereby certify that on June 24, 2008, I served a true and correct copy of the foregoing Election Of Spouse To Take Against Will And Conveyances for Citations via first class mail, postage prepaid, addressed as follows: Edmund G. Myers, Esquire Johnson, Duffie, Stewart & Weidner, P.C. 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Attorney for the Estate of Jack Henry. Hilda D. Christophel 434 Reno Ave New Cumberland, PA 17070 TES, LLC ~_ Shane ~i4e~-e.~Es . 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Attorney iD 92207 _ __ __ __ - _ Attorney_._for__.Surv_i_va~ag_Spouse ~~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE BUREAU OF FINANCIAL OPERATIONS DIVISION OF THIRD PARTY LIABILITY ESTATE RECOVERY PROGRAM PO BOX 8486 HARRISBURG, PA 17105-8486 March 12, 2008 JOHNSON DUFFIE STEWART & WEIDNER PC DANA L WIESEMAN PARALEGAL 301 MARKET ST PO BOX 109 LEMOYNE PA 17043-0109 Re: JACK E. HENRY SSN: 182-22-5549 Dear Ms. Wieseman: Pursuant to your letter dated February 13, 2008, the Department of Public Welfare (DPW), Estate Recovery Program, ,has reviewed the information you provided regarding the above-referenced individual. It has been determined that this individual did not receive any type of assistance during the questioned period. Therefore, according to the information you provided, the Department's Estate Recovery Program will not seek any recovery from this estate. If your client applied for Medical Assistance and had an application and/or hearing pending at the time of death, please advise us and provide any additional information that may affect a recovery by our Department. If you have any questions, please feel free to contact me. Sincerely, .~ ,~ Carole A. Procope Recovery Section Manager (717)772-6604 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-2008-0085 IN THE ESTATE OF JACK EDWARD HENRY a/alk JACK E. HENRY LATE OF BOROUGH OF NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA, DECEASED NOTICE NOTICE is hereby given that the First and Final Account and Statement of Proposed Distribution of Michelle Novosel, Administratrix D.B.N.C.T.A. of the Estate of Jack Edward Henry a/k/a Jack E. Henry, will be filed in the Office of the Clerk of the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania, on or before December 11, 2009 and that the same will be confirmed by the Court on January 12, 2010, unless written objections are filed with the Clerk of the Orphans' Court Division on or before 9:00 A.M. (prevailing time) on January 12, 2010 in accordance with the Rules of the Orphans' Court Division of the Cumberland County Court of Common Pleas. A copy of the First and Final Account and Statement of Proposed Distribution is enclosed herewith. Edmund G. Myers Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 - - ___. - _ _ _(717_)_71=4 - --- -- To: Ms. Michelle L. Novosel Mrs. Hilda D. Christophel 2469 Cocklin Street 434 Reno Avenue Mechanicsburg, PA 17055 New Cumberland, PA 17070 Ms. Patricia Henry Mr. John P. Henry 2001 State Street 2001 State Street Harrisburg, PA 17103 Harrisburg, PA 17103 Mrs. Minerva P. Henry Ms. Lorraine D. Greene 686 Fishing Creek Road 686 Fishing Creek Road New Cumberland, PA 17070 New Cumberland, PA 17070 ,n ~~I°~~~. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-2008-0085 IN THE ESTATE OF JACK EDWARD HENRY a/a/k JACK E. HENRY LATE OF BOROUGH OF NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA, DECEASED NOTICE NOTICE is hereby given that the First and Final Account and Statement of Proposed Distribution of Michelle Novosel, Administratrix D.B.N.C.T.A. of the Estate of Jack Edv:ard Henry a/k/a Jack E. Henry, will be filed in the Office of the Clerk of the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania, on or before December 11, 2009 and that the same will be confirmed by the Court on January 12, 2010, unless written objections are filed with the Clerk of the Orphans' Court Division on or before 9:00 A.M. (prevailing time) on January 12, 2010 in accordance with the Rules of the Orphans' Court Division of the Cumberland County Court of Common Pleas. A copy of the First and Final Account and Statement of Proposed Distribution is enclosed herewith. Edmund G. Myers Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 c7 ~-~ --- . ~ ,,~, , r =?a ' ~~~ c-7 ~*s ?~ c-? ~ -,-. ~ , , ~~ ;' ,_ ~__ - _ ;.~ ~~ N -, ~ ,-,~_ ' ~' ' ~'