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HomeMy WebLinkAbout12-11-09DECEDENT'S ESTATE Cumberland COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF Helen M. Brymesser ,DECEASED r~~-3 ~ ,. _~ No. 21-08-0189 ~ . ~-- ~~ ,j ~~ ~ 't7 .,.~ PETITION FOR ADJUDICATION / _:J _'? ~~` ~' ~y - ` `~' ~~ , ~ ~ ~ ~ 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: Michael A. Scherer, Esquire Supreme Court I.D. No.: 61974 Name of Law Firm: O'Brien, Baric & Scherer ,Address: 19 West South Street 'Telephone: (717) 249-6873 1 ax:~7171249-5755 Form OGOI rev. 10.13.06 Page 1 of ] 0 ~~- Estate of Helen M. Brymesser ,Deceased 1. Name(s) and address(es) of Petitioner(s): Name: John Albright Address: 26 Greystone Road Carlisle, PA 17013 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. 2. Decedent died on February 19, 2008 ® Letters Testamentary or Letters of Administration were granted to Petitioner(s) on Februarv 21.2008 Date of Will (if applicable): November 20, 2001 Date(s) of Codicil(s) (if applicable): None Date of probate (if d~erent from date Letters granted): None 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: The Sentinel: March 5, 12 & 19, 2008 Cumberland Law Journal: March 7, 14 & 21, 2008 Form OC-01 rev. !0.!3.06 Page 2 Ot 1 0 Estate of Helen M. Brymesser 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 (fnone, 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? .............................. ~ Yes ®No Forrn oc-or Yev. X0.13.06 Page 3 of 10 Estate of Helen M. Brymesser Deceased 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 Party in Interest I Relationship and Comments, i an I Interest American Heart $2,500.00 Association Multiple Sclerosis $2,500.00 Society American Cancer $2,500.00 Society Zion United Church of $15,000.00 Christ, Newville, PA Form oc-oI rev. In.I3.o6 Page 4 of 10 Estate of Helen M. Brymesser Deceased Name and Address of Each Party in Interest f Relationship and Comments, if arty I hrterest John Albright $50,000.00 Karen Weekley $10,000.00 Margaret Butts $5,000.00 First IInited Church of Christ, Carlisle, PA Residuary 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. For,n oc-0/ rer. 10.13.06 Page 5 of 10 Estate of Helen M. Brymesser 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 Wrl! Claim Admitted? Be Paid In Full? Yes QYes No ~No Yes ~ Yes No Q No Yes ~ Yes ~No ONo Yes ~ Yes ~No ONo If the estate is insolvent, attach a schedule setting forth the order of preference under 20 Pa.C.S. § 3392 and the proposed payments. 1 I. Was family exemption claimed? ................................ Yes ~No Was family exemption allowed? ................................ Yes ~No Family exemption claimant's name and relationship: Name: Relationship: Form OG01 rev. 10.13.06 Page 6 Of~ 0 Estate of Helen M. Brymesser 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 May 16, 2008 11,250.00 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: tJoNt;, B. Has notice of the question requiring adjudication been given to the parties identified in Paragraph 9 above? .................. ®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. ro,-m oc-ni rev. rn.~3.o6 Page 7 of 10 Estate of Helen M. Brymesser 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. 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? ........................................ DYes ~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? ........................................ DYes ®No For„ oc-o~ rev. ~o. X3.06 Page 8 of l 0 Estate of Helen M. Brymesser 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) B. Principal: Proposed Distributee(s) AmoundProportion Amount/Proportion ,~o N. Gif~' S~. C ul~~S~L ~~' 1703 Submitted By: (fill petitioners must sign. Add additional lines if necessary): N e of Petitioner: Albright ~, Name of Petitioner: Form oc-ol rev. tn. i3 n6 Page 9 of 10 Estate of Helen M. Brymesser Verification of Petitioner (Verification must be by at least one petitioner.) Deceased The undersigned hereby verifies * [that he/she he is arte Executor of the above-named name ofeoYpora~zon Estate of Helen M. Brymesser 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). x Corporate petitioners must complete bracketed injormalioh. Signat e o 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. c Signatur of ounsel for Petitioner roan oc-or rev. ro.13.n6 Page 10 of 10 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tro_y Whitesel, 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): March 5,12,19, 2008 COPY OF NOTICE OF PUBLICATION NOTICE OF GRANT OF LETTERS ', Notice is hereby given that the undersigned has been granted letters testamentary by the Register of Wills of Cumberland County, Commonwealth. of Pennsylvania, as Executor of the Estate of HELEN M. BRYMESSER a/k/a HELEN M. SHULENBERGER BRYMESSER, late of the above-named county. Request is heretiy made that all persons having claims against the Estate of the decedent make such claims known to the personal representative or to such person's attorney without delay. Request is I also hereby made that all persons indebted to the decedent makepayment to the personal representative without delay. Dated: February 27, 2008 John Albright, Executor 26 Greystone Road Carlisle, PA 17013 I Michael A. Scherer, Esquire O'Brien, Baric & Scherer i 19 West South Street Carlisle, Pennsylvania 17013 ~~ (717) 249-6873 Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. '~, ~ - - Sworn to and subscribed before me this 19th day of March, 2008. ~~ Notary Pu is My commission expires: ~~~<~~ COMMONWEALTH O~ PENNSYLVANIA Notarial Seal Christina 1. Wolfe, Notary Public Carlisle Boro, Cumbertarl~ County My Commission 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, v1z: March 7 March 14, and March 21, 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. L a Marie Coyne,~ditor SWORN TO AND SUBSCRIBED before me this 21 day of March, 2008 Brymesser, Helen M. a/k/a Helen M. Shulenberger Brymesser, deed. Late of Cumberland County. Executor: John Albright, 26 Grey- stone Road, Carlisle, PA 17013. Attorneys: Michael A. Scherer, Esquire, O'Brien, Baric & Scherer, 19 West South Street, Carlisle, PA 17013, (717) 249-6873. G/~, ~ .~ Notary ~ NOTAR~IgL SE,gL DEdORaH A COLLlNS Notary public CARU5! E 80R0, CUi~9BERLAND COUNTY My Commission Expires Apr 28, 2010