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HomeMy WebLinkAbout01-28-10_~ 3io`~~ 9s~ , 31 DECEDENT'S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION ESTATE OF VIRGINIA TAYLOR, DECEASED N0.21-08-0795 PETITION FOR ADJUDICATION/ STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.C. Rule 6.9 ~..~ c~~ ` ~' -~ -- ~~ -r~ , t- .. c.._ .. _._ , 7 .. , r'T 1 ', (1y i t I ' ~x.7 .r ~ ... . l.! s ~, '.::t _ . r -~ -t ~ . -. ,._., ., ~„~,~ ? ~....~ 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 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 D. Tiley, Esquire Supreme Court I.D. No: 32318 Name of Law Firm Frey and Tiley Address: 5 South Hanover Street, Carlisle, PA 17013 Telephone: (717) 243-5838 Fax: (717) 243-6441 Estate of Virginia Taylor, Deceased 1. Name(s) and address(es) of Petitioner(s): Name: Duarne V. Green Address: 25378 Independence Road Unionville. VA 22567 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? ............................................. X Yes No If not, identify prior accountings, the accounting periods covered, and the date of adjudication of the prior accounting. N/A 2. Decedent died on July 29, 2008 _X_Letters Testamentary or Letters of Administration were granted to Petitioner(s) on July 31, 2008 Date of Will (if applicable) March 1 S, 2005 Date(s) of Codicil(s) (if applicable) N/A Date of Probate (if different from date Letters granted): Same. March 1 S. 2005 Was a bond required? Yes _X No If yes, state amount: Are proofs of advertising of the grant of Letters attached?......._X~Yes No Dates of advertising of the grant of Letters: Cumberland Law Journal - Feb. 20 & 27 and March 6, 2009; The Sentinel -Feb. 14 21 28 2009 Form OC-01 rev. 10,13.06 Page 2 of 9 Estate of Virginia Taylor, Deceased 3. Was decedent survived by a spouse? ......................................... Yes X No If yes, name of surviving spouse: N/A 4. Has the surviving spouse filed to take an elective share?.......... Yes No (See Section 2201 eta of the Probate, Estates and Fiduciaries Code) N/A If yes, date of election: N/A 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): None 6. Did decedent marry after execution of Will or Codicil(s)?........... Yes _X_No Were any children born to decedent after execution of Will or Codicil(s)? ......................................................................... Yes X No If yes, gives names and dates of birth: Name: Date of Birth: N/A 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 X No 8. Written notice of the Audit as required by Pa. O.C. Rules 6.3, 6.7 and 6.8 has been or Form OC-Ol rev. 10.13.06 Page 3 of 9 Estate of Virginia Taylor, Deceased 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. Attached -List at item 9A. 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. N/A 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. N/A 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. N/A 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 Relationship and Comments if anv Interest Duane V .Green 25378 Independence Road Unionville. VA 22567 Niece 1/4 Dawn Elva Rowan a/k/a Dawn T. Rowan 38 South Third Street Frackville. PA 17931 Niece 1/4 Form OC-01 rev. 10.13.06 Page 4 of 9 Estate of Virginia Taylor, Deceased Name and Address of Each Party in Interest Relationship and_Comments, if anv Interest Linda Carol Clements Niece 1/4 a/k/a Linda T. Clemets 9900 Heyden Detroit. MI 48228 Robert W. Ta,.ylor Nephew 1/4 349 South Balliet Street Frackville, PA 17931 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. N/A 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). N/A 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. N/A 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. Claim Will Claim be Name and Address of Each Claimant Amount of Claim Admitted? paid in full? Yes Yes NONE No 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. Form OC-01 rev. 10.13.06 Page 5 of 9 Estate of Virginia Taylor, Deceased 11. Was family exemption claimed? ........................................ Yes X No Was family exemption allowed? .........................1V/A.............. Yes No Family exemption claimant's name and relationship: Name: N/A 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 7/13/09 $47.209.00 Probate Estate 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 X 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 discharges for the decedent's fiduciary administration of the estate. N/A 14. A. Describe in detail any questions requiring adjudication and state the position of the Petitioner(s) as to each question: N/A B. Has notice of the question requiring adjudication been given to the parties identified in Paragraph 9 above? ......................... N/A.... 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. N/A Form OC-01 rev. 10.13.06 Page 6 of 9 Estate of Virginia Taylor, Deceased 16. Had the decedent been adjudicated an incapacitated person?.......... Yes X No If yes, attach a copy of the Order if available; otherwise state the Court, term, number, date, and name of Hearing Judge. N/A 17. A. List or attach a separate list of additional receipts and disbursements since the closing date of the Account. None B. Has notice of the additional receipts and disbursements been given to the parties identified in Paragraph 9 above? ............... N/A. Yes No 18. If a reserve is requested, state amount and purpose. Amount: 330.00 Purpose: Filing fee for Account and Pennsylvania Fiduciary Income Tax 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? ...................................................................... N/A...... Yes No If so, attach a copy of the notice. N/A 19. Is the Court being asked to direct the filing of a Schedule of Distribution? ......................................... X Yes No Schedule of Distribution is Attached to Account As to real estate only? ..................................................................... Yes X No 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: Form OC-Ol rev. 10.13.06 Page 7 of 9 Estate of Virginia Taylor, Deceased Proposed Distributee(s) Amount/Proportion Duane V. Green 1/4 25378 Independence Road Unionville, VA 22567 Dawn Elva Rowan 1/4 a/k/a Dawn T. Rowan 38 South Third Street Frackville, PA 17931 Linda Carol Clements 1/4 a/k/a Linda T. Clemets 9900 Hevden Detroit, MI 48228 Robert W. Taylor 1/4 349 South Balliet Street Frackville, PA 17931 B . Principal: Proposed Distributee(s) Amount/Proportion Duane V. Green 1/4 25378 Independence Road Unionville, VA 22567 Dawn Elva Rowan 1/4 a/k/a Dawn T .Rowan 38 South Third Street Frackville, PA 17931 Linda Carol Clements 1/4 a/k/a Linda T. Clemets 9900 Heyden Detroit, MI 48228 Robert W. Taylor 1/4 349 South Balliet Street Frackville, PA 17931 Form OC-Ol rev. 10.13.06 Page 8 of 9 Estate of Virginia Taylor, Deceased Submitted By: (All Petitioners must sign. Add additional lines if necessary): Name of Petitioner: Duane V .Green Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies 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). Signature of Petitioner - ane V .Green Certificate 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. Ste en D. Tiley, Counsel for Petitioner Form OC-01 rev. 10.13.06 Page 9 of 9 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 a.s 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: February 20, February 27 and March 6, 2009 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. lsa Mane Coyne, Ed' or Taylor, Virginia, deed. Late of the Borough of Carlisle. Executrix: Ms. Duane V. Green c/o Stephen D. Tiley, Esquire, 5 South Hanover Street, Carlisle, PA 17013. Attorneys: Frey and Tiley. SWORN TO AND SUBSCRIBED before me this 6 day of March, 2009 Notaty DEBOi2AH A CC7LLiNS Notary public CARl1SLF BOt~p, CUtViBERLAND C©L'NiV My Commission Expires Apr 2S, 2010 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Erica Peterson, Classified 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): February 14, 2009, February 21, 2009 and February 28,2009 COPY OF NOTICE OF PUBLICATION EXECUTRIX NOTICE Letters Testamentary on the Estate of VIRGINIA TAYLOR; late of the Borough of Carlisle, Cumberland t;ounry,.Pennsylvania, deceased; have been granted to the undersigned. All persons knowing themselves'to be indebted to said Estate will make payment immediately, and those having claims will present them for settlement to; Duane V. Green, Executrix ,~.... c% Stephen D. Tlley Address: ' 5 South Hanover Street Carlisle, Pennsylvania 17013 Frey and Tiley ' Attorney Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, sand that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this ~~ (, odd ~ . ~~.,m..t~, O~.r~n ~I~,c,~.e..,1,c~ Notary Public My commission expires: COMMONWEALTH OF PENNSY~-VANIA NOTARIAL SEAL public BAMBI ANN HECI~,ENGORN; Notary Camp Hill Boro., Cumberland ~~ ~Y,li' , 4~ My Commission Expires January o_,~.~,~ IN RE: ESTATE OF VIRGINIA TAYLOR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION FILE NO. 21-08-0795 TO: All Parties in Interest: AUDIT NOTICE The First and Final Account and Proposed Schedule of Distribution of Duane V. Green Executrix under the Last Will and Testament dated March 15, 2005, of Virginia Taylor, Deceased, has been filed with the Clerk of the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania, and will be called for audit before the Honorable Judges of said Court on TUESDAY, MARCH 2, 2010, at 9:30 a.m. or at the first sitting of the Court thereafter, in Court Room No.1 of the Cumberland County Courthouse, One South Hanover Street, Carlisle, Pennsylvania 17013. Your interest in the Estate.consists of: one-fourth of the residuary pursuant to Paragraph FOURTH. (Duane V. Green and Dawn Elva Rowan are also entitled to certain specific bequests pursuant to Paragraph THIRD of the Last Will and Testament, however those specific bequests lapsed because the property had already been disposed of prior to the death of Virginia Taylor.) Cumberland County Rules provide as follows: .Objections to an account or to the statement of proposed distribution, or both, must be filed in writing by not later than 9:00 a.m. (prevailing time) of the date fixed for confirmation unless otherwise permitted by the Court prior to confirmation. A copy of the Objections shall be served on the accountant or the accountant's attorney. (The Executor or Executrix is the "Accountant" as described in the Rules.) The Court will be asked to approve the Account and Proposed Schedule of Distribution as stated and to make awards in accordance with the provisions of the Will of Virginia Taylor, Deceased. Copies of the Account and Will are enclosed. It is not necessary that you or your counsel appear at the audit. However, if you have. any objections to any items in the Account and Proposed Schedule of Distribution, or if you disagree with the position the accountant has taken on any claim, it is necessary that you file them in writing as described above. You should also appear at the time and place stated above in person or by counsel. Otherwise the Court will assume that you have no objection and may approve the Account and Proposed Schedule of Distribution as stated. If you have any questions regarding the contents of this letter, the Account and Proposed Schedule of Distribution of the Executrix, or the Will of Virginia Taylor, Deceased, please contact the undersigned. Dated: / ~~ ~~~ ~ ~-- S eph n D. Tiley, Esquire Attorney for Executrix 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838