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HomeMy WebLinkAbout01-28-10~~~~~~Z,y~3~~ DECEDENT'S ESTATE ~...~ COURT OF COMMON PLEAS OF ~~ , ~~: Cumberland COUNTY, PENNSYLVANIA , ~ ~, ~ ~~ ~ _., - .,~ ORPHANS' COURT DIVISION ~~' ~ ~ `"'~ " ~ ` ,.~ `, c ~~ ,~ cxz :' . _. r~'~`~ ~ ,-, - ~ <:7 ~.. ..: _ ,_._. ,; ~.._ - ESTATE OF Rose A. Lemke DECEASE? ~ ~ ~ ~ `~~ `~~` ~ ~:, 3 No. 21-08-1117 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. INCL UDE ATTACHMENTS AT THE BACK OF THIS FORM. Name of Counsel: L. PETER TEMPLE, ESQUIRE Supreme Court I.D. No.: 17573 Name of Law Firm: LARMORE SCARLETT LLP Address: P. O. BOX 384, KENNETT SQUARE, PA 19348 Telephone: 610-444-3737 Fax: 610-925-4894 Form OC-01 rev. 10.13.06 Page 1 of 10 Estate of Rose A. Lemke ,Deceased 1. Name(s) and address(es) of Petitioner(s): Name: John D. Lemke, Executor Address: P• O. Box 384 Kennett Square, PA 19348 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 October 31, 2008 Letters Testamentary or Letters of Administration were granted to Petitioner(s) on November 12.2008 Date of Will (f applicable): NnvPmhPr 5 ~nm Date(s) of Codicil(s) (f applicable): Nine 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: necemher 4 and 5. 2~(lR~ 1~ecemher 1 1 and 12, 2008; December 18 and 19, 2008 Form OC-Ol rev. 10.13.06 Page 2 of 10 Estate of Rose A. Lemke ,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 sic. 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 (f none, so state): N/A 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 Form OC-Ol rev. 10.13.06 Page 3 of 10 Estate of _Rose A. Lemke ,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 ojEach Party in Interest ~ Relationship and Comments, if any ~ Interest John D. Lemke Son 1/5 personal property P. O. Box 802771 and 1/5 residue Dallas, TX 75380 Constance Arnold Daughter 286 Walter Road Cochranville, PA 19330 1 /5 personal property and 1/5 residue Form OC-01 rev. 10.13.06 Page 4 of 10 Estate of Rose A. Lemke Name and Address of Each Party in Interest Timothy A. Lemke 130 Spring Drive Dillsburg, PA 17019 Son and C Deceased Interest 1 /5 personal property and 1/5 residue Philip C. Lemke Son 1/5 personal property 4290 Sunshine Blvd. and 1/5 residue St. James City, FL 33956 Christopher T. Lemke Son 1/5 personal prop 20 Rvmen Lane and 1 /5 r_ Pa; c3uP Palm Coast, FL 32164 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. None 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 Form OC-01 rev. 10.13.06 Page 5 of 10 Estate of Rose A. Lemke File No. 21-08-1117 Petition for Adjudication #9 Grandchildren who received $2,500.00 each under Item III of Will. Bequests have been paid and released and they have not been given notice of this Account. John S. Lemke Grandson $2,500.00 802 Cresside Richardson, TX 75081 Kristin A. Shelby Granddaughter $2,500.00 1049 Cochran Drive Mesquite, TX 75149 Andrew L. Arnold Grandson $2,500.00 710 Saginaw Road Oxford, PA 19363 Todd W. Arnold Grandson $2,500.00 43 Berkshire Road Landenberg, PA 19350 Amy A. Hunt Granddaughter $2,500.00 18536 Kent Ave. Hagerstown, MD 21748 Peter Lemke Grandson $2,500.00 130 Spring Drive Dillsburg, PA 17019 Molly Lemke Granddaughter $2,500.00 130 Spring Drive Dillsburg, PA 17019 Hans D. Lemke Grandson $2,500.00 6454 Anderson Ave. Hanover, MD 21076 Nichole V. Campbell Granddaughter $2,500.00 4290 Sunshine Blvd. St. James City, FL 33956 Timothy Ian Lemke Grandson $2,500.00 1508 Echo Road Durham, NC 27707 Estate of Rose A. Lemke 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 Full? None Yes Yes ~No No Yes Yes ~No No Yes Yes No No DYes Yes ~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. 11. Was family exemption claimed? ................................ ^Yes No Was family exemption allowed? .................... ........... ^Yes ~No Family exemption claimant's name and relationship: Name: Relationship: Form OC-01 rev. 10.13.06 Page 6 of 10 Estate of Rose A. Lemke ,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 February 17, 2009 17,791.26 .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: None 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-Ol rev. 10.13.06 Page 7 of 10 Estate of Rose A. Lemke ,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. None 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: 25'000' 00 Pureose: Pending PA Inheritance tax approval and fiduciary tax preparation 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 No Form OC-Ol rev. 10.13.06 Page 8 of 10 Estate of Rose A. Lemke 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) John D. Lemke AmountlProportion 1/5 residue Constance Arnold 1/5 residue Timothy A. Lemke 1/5 residue Philip C. Lemke 1/5 residue Christopher T. Lemke 1/5 residue B. Principal: Proposed Distributee(s) AmountlProportion John D. Lemke 1/5 residue Constance Arnold 1/5 residue Timothy A. Lemke 1/5 residue P i ip e e rest ue Christopher T. Lemke 1/5 residue Submitted By: (All petitioners must sign. Add additional lines if necessary): ~~ Name o Petitioner: John D. Lemke, xecutor Name of Petitioner: Form OC-Ol rev. 10.13.06 Page 9 of 10 . , Estate of Rose A. Lemke Deceased Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that heishe he is title Executor of the above-named name of corporation Estate 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). Si 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 form have been made beyond the responses herein. Si nature of unsel for Petitioner Form OC-Ol rev. 10.13.06 Page 10 of 10