HomeMy WebLinkAbout02-19-10IN RE: IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
ESTATE OF DOROTHY J. PENNSYLVANIA
SEHRINGER, Deceased
ORPHANS' COURT DIVISION
No. 02/- a2a/v ~ aJ~.3
PETITION FOR DISTRIBUTION OF SMAi,i. ESTATE
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TO THE HONORABLE, THE JUDGES OF THE SAID COURT: ~=can' x -
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The Petition of Ernest T, Sehringer, respectfully states as follows: a ~ _ ;o ~~
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1. Dorothy J. Sehringer, (Decedent), died on September 30, 2009, domiciled in
Cumberland County, Pennsylvania, a resident of 101 Winchester Gardens, Carlisle, Cumberland
County, Pennsylvania. A true and correct copy of her Death Certificate is attached hereto as
Exhibit "A."
2. Ernest T. Sehringer is an adult individual residing at 570 Yorktown Road, Union,
New Jersey 07083.
3. Ernest T. Sehringer is brother of the Decedent.
4. Decedent died testate leaving a Will dated February 9, 2006, 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. Ernest T. Sehringer, is appointed as Executor pursuant to Paragraph 4 of the
Will without the requirement for the posting of any bond by him.
5. Paragraph 4 of said Will waives the posting of security by the Executor.
Petition for Distribution of Small Estate Barbara Jean Hatcher, 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 only two (2) small assets.
7. A. Decedent's assets consist of a checking account at Bank of America,
believed to have a balance of approximately $2,100.00, and 28 shares of First Energy Corp.
believed to have a value of approximately $1,120.00. Therefore, the gross value of the
Decedent's estate is believed to be only approximately $3,220.00.
B. Because of Decedent's extended residency in a long-term caze facility, all
of the personal property of the Decedent has been previously sold or given away.
8. To the best of the knowledge, information and belief of your Petitioner, the Decedent has
no liabilities except for the following: (i) $1,580.00 for the opening of the grave (this expense
has been paid by the Petitioner, who is to be reimbursed); and (ii) $5,113.43 for funeral
expenses. The expenses of funeral and burial exceed the total assets of the estate and will be paid
by Petitioner from nonprobate assets and insurance proceeds payable to him.
9. A. Decedent was unmarried and had no children. Her pazents predeceased her. In
addition to Petitioner, she is survived by her sister, Edna May Gnall, who resides in the Memory
Care Unit of Regency Retirement Village, 9120 Willow Ridge Road, Charlotte, NC 28210.
Edna May Gnall is 87 yeazs old. She is also survived by her niece, Laurie Gnall, who resides at
2329 Eden Terrace, Apartment #104, Rock Hill, SC 29730. Laurie Gnall is 55 yeazs old.
B. Petitioner is named as the sole residuary beneficiary at Paragraph 3 of the
Decedent's Will.
10. A. Pa. O. Ct. R. 5.6 requires that a Notice of Beneficial Interest in the 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.
Petition for Distribution of Small Estate Barbara Jean Hatcher, Decedent Page 2 of 4
B. 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."
C. 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 individuals listed at 9.A. of this Petition. Petitioner shall also notify the
Pennsylvania Department of Public Welfare pursuant to the Estate Recovery Program.
11. Petitioner files this Petition pursuant to 20 Pa C.S.A. §3102.
WHEREFORE, Petitioner requests your Honorable Court to issue a Rule, returnable in
20 days served on those persons named in paragraph 9.A, to Show. Cause why it should not enter
an Order:
(i) Ordering that the Estate of Dorothy J. Sehringer, be liquidated and
distributed to Petitioner for the payment, first for administrative expenses; and second, if there be
any assets left, to other creditors of the estate;
(ii) That no notice need to be given to any party except for the mailing of a
copy of this Petition. and its accompanying Decree to the residuary beneficiaries named at
paragraphs 9.A. of this Petition.
(iii) That the Petitioner notify the Pennsylvania Department of Public Welfare
pursuant to the Estate Recovery Program.
Petition for Distribution of Small Estate Barbara Jean Hatcher, Decedent Page 3 of 4
(iv) That the same may be carried out without appraisement, and with authority
of the Petitioner, Ernest T. Sehringer, to receive, collect and distribute the Estate of Dorothy J.
Sehringer, Deceased, pursuant to this Petition and its accompanying Decree, and to make any
and all necessary assignments and transfers to accomplish that purpose, including the sale of
stock in FirstEnergy Corp. as set forth in Paragraph 7.A. above.
Dated: Novembera~, 2009 Respectfully submitted,
Robert G. Frey, Esquire
5 South Hanover Street
Carlisle, PA 17013
(717) 243-5838
Supreme Court I.D. No.: 46397
I, Ernest J. Sehringer, 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.
Dated: November z7 , 2009 l ~-~-
T
Ernesto Sehringer
Petition for Distribution of Small Estate of Dorothy J. Seheringer, Deceased Page 4 of 4
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LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
~ Fee for this certificate, $6.00
I P 15730232
Certification Number
This is to certify that the information here given is
correctly copied from an original Certificate of Death
duly filed with me as Local Registrar. The original
certificate will be forwarded to the State Vital
Records Office for permanent tiling.
Local Registraz Date Tssued
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N+aniu REV n2am COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
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LAST WILL AND TESTAMENT
OF
DOROTHY J. SEHRINGER
I, DOROTHY J. SEHRINGER unmarried person, of l01 Winchester Garden
Apartments, Carlisle, Cumberland County, Pennsylvania, being of sound and disposing
mind, memory and understanding, do hereby make, publish and declare this as and for
my Last Will and Testament hereby revoking and making void any and all Wills by me at
any time heretofore made.
1. I direct my hereinafter named Executor to pay all of my just debts and
funeral expenses as soon after my death as may be found convenient to do so. I further
direct that all inheritance, transfer, succession, estate and death taxes, including interest
and penalties thereon, which may be payable on account of my death shall be payable
from the residue of my estate regardless of whether the assets upon which such taxes are
based are included in my probate estate.
2. I declare that I am a single person, and that I have no children.
3. All of the rest, residue and. remainder of my estate, real, personal and
mixed, and wheresoever the same may be situate, I give, devise and bequeath to my
brother, ERNEST T. SEHRINGER, of 570 Yorktown Road, Union, New Jersey 07083,
his heirs and assigns, provided that he shall survive me by a period of ninety (90) days.
4. I hereby nominate, constitute and appoint my brother, ERNEST T.
SEHRINGER as Executor of this my Last Will and Testament, but should he predecease
me or fail to qualify or cease serving as such, then in such event I nominate, constitute
and appoint my attorney, ROBERT G. FREY as Executor, and I further direct that neither
of them shall be required to post any bond to secure the faithful performance of his duties
in the Commonwealth of Pennsylvania or in any other jurisdiction.
5. In addition to the powers conferred by law, my hereinbefore named
Executors and their respective successors, are empowered:
a. To invest any part of the trust corpus in such securities,
investments, or other property as may be deemed advisable and proper, irrespective of
whether the same are authorized for the investment of trust funds under the laws of any
governing jurisdiction.
b. With respect to any corporation, the stocks, bonds, or other
securities of which may be held, to vote in person' or by .proxy on any shares of stock; to
consent to the merger, consolidation or reorganization of such corporations; to consent to
the leasing, mortgaging or sale of the property of any -such corporations; to make any
surrender, exchange or substitution of such stocks, bonds or other securities as an
incident to the merger, consolidation or reorganization of such corporations; to pay all.
assessments, subscriptions and other sums of money which may be deemed wise and
expedient for the protection and maintenance of the proportionate interest of the
investment in such corporations; to exercise any option or privilege which may be
conferred upon the holders of such stocks, bonds, or other securities of such corporations
either for the conversion of the same into other securities or for the purchase of additional
securities, and to make any and ail necessary payments which may be required in
connection therewith; and generally to have and exercise as to all such stocks, bonds and
other securities, the powers of an individual owner who is not under trust obligation.
c. To hold the trust corpus in one or more consolidated funds in
which separate shares shall have undivided interests.
d. To sell at public or private sale for cash or upon credit, or partly
for cash and partly on credit, and upon such terms and conditions as shall be deemed
proper, any part or parts of the estate, and no purchaser at any such sale shall be bound to
inquire into the expediency or propriety of any such sale or to see to the application of the
purchase moneys arising therefrom.
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Page 1 of 2
N x.
e. To keep on hand and uninvested such money as may be deemed
proper and for such period as may be found expedient.
f. To compromise, settle or arbitrate any claim or demand in favor of
or against the trust estate.
g. And authorized in the discharge of fiduciary duties, to employ
counsel and to determine and to pay such counsel reasonable compensation which shall
be charged against the principal or income of the trust fund, and shall further be entitled
to charge against the principal or income such other reasonable expenses and charges as
may be necessary and proper to incur for the proper discharge of fiduciary duties and for
the proper management and administration of the trust estate.
h. In making any division of property into shares for the purpose of
any distribution thereof directed by the provisions of the trust, to make such division or
distribution, either in cash or in kind, or partly in cash and partly in kind, as shall be
deemed most expedient, and in making any division or distribution in kind may allot any
specific security or property or any undivided interest therein to any one or more of such
shares, and to that end may appraise any or all of the property so to be allotted and the
judgment as to the propriety of such allotment and as to the relative value for purposes of
distribution of the securities or property so allotted shall be final and conclusive upon all
persons interested in the trust or in the division or distribution thereof.
i. And authorized to register any shares of stock or other assets of
any trust in their own names or in the name of a nominee.
j. To retain and invest in shares of stock of my Trustee.
k. To retain any investments including mutual funds which I may
own at the time of my death and in addition to invest any part of the Trust corpus in such
mutual fund or mutual funds as may be deemed advisable or proper, irrespective of
whether the same are authorized for the investment of trust funds under the laws of any
governing jurisdiction.
1. To determine from time to time whether all or some portion of
realized capital gains shall be treated as ordinary income for distribution to a beneficiary
or treated as principal to be retained as part of the corpus, and such designation need not
be consistent from one year to another.
IN WITNESS WHEREOF, I have hereunto sgt my hand and seal to this
my Last Will and Testament written on two (2) pages, this 9 day of February, 2006.
0
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DOROTHY J. SE ER
Signed, sealed, published, and declared by DOROTHY J. SEHRINGER the
Testatrix above named, as and for her Last Will and Testament, in our presence, who, in
her presence, at her request, and in the presence of each other, have hereunto subscribed
our names as attesting witnesses.
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