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HomeMy WebLinkAbout01-07-10IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, ESTATE OF MARY ELIZABETH PENNSYLVANIA OSBORNE, a/k/a . ORPHANS' COURT DIVISION MARY E. OSBORNE NO. o`~ f - ~(~ •~ ~ ~ CIVIL TERM PETITION FOR DISTRIBUTION OF SMALL ESTATE (Pursuant to 20 Pa. C.S.A. §3102) ~ ~ , , i .,.. o f-~ 1 ~•,. C-' TO THE HONORABLE, THE JUDGES OF THE SAID COURT: ~ ~ ° ~ ~ ~-~-~ The Petition of Mary L. Begley, respectfully states as follows: ~ =~' © ~ ~~ ~+~~_ -~z,..~ 1. Mary Elizabeth Osborne, also known as .Mary E. Osborne, (Decedent) died on November 30, 2009, domiciled in the South Middleton Township (1 Longsdorf Way), Cumberland County, Pennsylvania 17013. A true and correct copy of her Death Certificate is attached hereto as Exhibit "A." 2. Petitioner is Donald P. Osborne, an adult individual of 9 East Linden Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Petitioner, Donald P. Osborne, is the son of the Decedent. 4. Decedent died testate leaving a Will dated April 12, 1993, the original of which is attached to this Petition as Exhibit "B" and is incorporated herein by reference thereto as if fully set forth herein. In said Will the Petitioner, Donald P. Osborne, is appointed the Executor pursuant to paragraph Fourth, and he is the sole beneficiary of the Decedent's estate pursuant. to paragraph Second. 5. Paragraph Fourth of said Will waives the posting of security by the Executor. Petition for Distribution of Small Estate: Mary Elizabeth Osborne, Decedent Page 1 of 4 6. Petitioner does not intend to file said Last Will and Testament for probate as this is a small estate with few assets. Decedent died at the Cumberland Crossing Retirement Community, had consumed her estate, and was a Medicaid recipient. 7. Decedent's only assets are believed to be a Cumberland Crossings patient check in the amount of $1,464.17, and an anticipated refund from Horizon Blue Cross / Blue Shield of New Jersey of $213.12 for the unused portion of a Medigap Insurance Policy. The gross estate is anticipated to be, therefore: $1,677.29. 8. To the best of the knowledge, information and belief of your Petitioner, all final bills of the Decedent have been paid by insurance, and Decedent's cremation, funeral, and burial expenses have and will be paid from a funeral trust account set up in New Jersey when Decedent was a resident of that state. However, it is anticipate that there will be Medicaid reimbursement due under the estate recovery program, greatly in excess of the funds available. In addition, Attorney's fees are anticipated in the amount of $800.00, and Executor's fees in the amount of $500, based upon the anticipated estate as described in this Petition. The net estate available for Medicaid reimbursement is anticipated to be $177.29. 9. A. Decedent was an unremarried widow at the time of her death. Decedent had one child, to wit: a son, Donald P. Osborne, an adult individual of 9 East Linden Drive, Carlisle, Cumberland County, Pennsylvania 17013, who is your Petitioner. B. Pa. O. Ct. R. 5.6 requires that a Notice of Beneficial Interest in Estate be sent to the intestate heirs of a Decedent within three months of the grant of letters, however, this Petition is for distribution of a small estate without the grant of letters. C. 20 Pa. C.S.A. §3102, providing for settlement of small estates on Petition, provides that the Court may direct distribution "with such notice as the Court shall direct." Petition for Distribution of Small Estate: Mary Elizabeth Osborne, Decedent Page 2 of 4 D. Your Petitioner requests an Order for Distribution waiving notice to any individuals or entities, except for the mailing of a copy of this Petition and its accompanying Decree to the Commonwealth of Pennsylvania, Estate Recovery Program. 10. Your Petitioner is the only party interested in the above estate as beneficiary. 11. Petitioner files this Petition pursuant to 20 Pa. C.S.A. §3102. WHEREFORE, Petitioner requests your Honorable Court to enter a Decree ordering that the Estate of Mary Elizabeth Osborne, Deceased, be awarded 100% to Donald P. Osborne, subject to the claims of the Commonwealth of Pennsylvania, Estate Recovery Program, and without notice to any additional party, except for the mailing of a copy of this Petition and its accompanying Decree to the Commonwealth of Pennsylvania, Estate Recovery Program, and without appraisement, and with authority of the Petitioner, Donald P. Osborne, to receive, collect and distribute the estate of Mary Elizabeth Osborne for Attorney's and Executor's fees as set forth in this Petition, and for the payment of any amounts due the Commonwealth of Pennsylvania, Estate Recovery Program, with any remainder paid to Donald P. Osborne as residuary beneficiary, and to make any and all necessary assignments and transfers. Dated: ~-/. `I, bolo Respectfully submitted, ~ Stephen D'Tiley, Esquire 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Supreme Court I.D. No.: 32318 Petition for Distribution of Small Estate: Mary Elizabeth Osborne, Decedent Page 3 of 4 VERIFICATION I, Donald P. Osborne, depose and say that I am the Petitioner in the above matter; and that the facts set forth in the foregoing Petition for Distribution of Small Estate are true and correct based partly upon personal knowledge and the remainder upon information and belief; I understand that this Verification is made subject to penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. f ,,. Dated : ~< ~ ~ol~ F , ~~~ - l' Donald P. Osborne Petition for Distribution of Small Estate: Mary Elizabeth Osborne, Decedent Page 4 of 4 o ~ MARY ELIZABETH OSBORNE I, MARY ELIZABETH OSBORNE, currently residing at 1203 Bayberry Road, Borough of Manasquan, County of Monmouth and State of New Jersey, being of sound and disposing mind and memory, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking any and all former Wills and Codicils by me at any time heretofore made, in manner following: FIRST: I direct that my funeral expenses and the expenses of my last illness be paid as soon as practicable after my death. SECOND: All the rest, residue and remainder of my estate, both real and personal, of every kind and nature, and wheresoever situate, whereof I may die seized or possessed, I give, devise and bequeath to my son, DONALD P. OSBORNE, currently residing at 1203 Bayberry Road, Manasquan, NJ 08736, provided that he survives me by thirty days, and if not, then to my daughter-in-law, RUTH M. OSBORNE, currently residing at 1203 Bayberry Road, Manasquan, NJ 08736, provided that she survives me by thirty days. THIRD: In the event that my son, DONALD P. OSBORNE, and my daughter-in-law, RUTH M. OSBORNE, fail to survive me for a period of thirty days, then I give, devise and bequeath all the rest, residue and remainder of my estate, both real and personal, of every kind and nature, and wheresoever situate, to ANNA LOUISE HAWBAKER, the sister of my daughter-in-law, Ruth M. Osborne, currently residing at 20 East Orange Street, Mount Holly Springs, Pennsylvania 17065, or to her issue per stirpes should she not a J* t Rs+' survive me. DONALD P. RTH: I nominate, constitute and appoint my son, FO___-U -- redecease me or as Executor of this Will. If he should p OSBORNE, resin or lif or, having qualified, should die, fail to qua Y I nominate and appoint my daughter-in-law, become incapacitated, ituted Executrix. If my substituted RUTH M. OSBORNE, as subst ease me or fail to qualify or, having Executrix should predec si n or .become incapacitated, I nominate qualified, should die, re g HAWBAKER as substitued Executrix in her and appoint ANNA LOUISE e substituted Executrices herein named stead. My Executor and th to furnish bond or other security in and shall not be required f their duties. 'urisdiction for the faithful performance o J said Executor and substituted Executr ce FIFTH: I give mY thority in all matters and consideration the fullest power and au d to do all acts which I might do i relating to my estate, an without limitation, complete power ar living, including, tic or private sale, for cash or credit authority to sell, at pub mortgage, lease or dispose of, a with or without security, ro erty, real and personal, at such ti distribute in kind, all p p said Executor a u on such terms and conditions which mY and p ices may determine without court or E substituted Executr in law or granted by New Jersey status including powers implied now or hereafter enacted. hand and s ITNESS WHEREOF, I have hereunto set mY IN W this /~- day of April ~ 1993. ' ~Y1 Q-~' ~ n911F M1~Iy G-.~ynnr.... ----- the said SEALED, PUBLISHED and DEWi1lEand Testament in SIGNED, LIZABETH OSBORNE as and for her Last E presence of us who, at her request, in her presence and in the presence of each other, have hereunto subscribed our names as witnesses the day and year first above written. Sea Girt, New Jersey ~1T ups STATE OF NEW JERSEY ) ss • .. COUNTY OF MONMOUTH ) We, MARY ELIZABETH OSBORNE, Richard A. Maguire and -..~.c~-Q-~--~-~'~ z~- the testator and the witnesses, respectively, .; ,~- ~ whose names are signed to the attached or foregoing instrument, being duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as her Last Will and that she had signed willingly, and that she executed it her free and voluntary act for the purposes therein expressed, as and :that each of the witnesses, in the presence and hearing of the testator, signed the Will as witness and that to the best of their knowledge, the testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. ~i ~__ '~4.A,,.RY LIZA ~.TH OSBORNE ~~ ~ Rich rd :.. M guire ~d .~.~ ~. ~ ~ SUBSCRIBED, SWORN TO and ACKNOWLEDGED befdorandesworn Ato ELIZABETH OSBORNE, the testator, a d subscribe Richard A. Maguire and~,~.~~~1_~- ~~ , the before me by 1993. ~~~~~ witnesses, this %,~, day of p,pril ~ { ~ wr~MCaw Mr~a~^ oani~i~pu~9~s ~~~ `~'~