HomeMy WebLinkAbout04-15-10 (2)DECEDENT'S ESTATE
COURT OF COMMON PLEAS OF
CUMBERLAND
COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
ESTATE OF VALERIA NOLAN ,DECEASED
No.21-2009-0655 ~
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PETITION FORADJUDICATION / ~a~ ~~_+
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STATEMENT OF PROPOSED DISTRIBUTION `-~ ~ - f-
PURSUANT TO Pa. O.C. Rule 6.9 ~-' „`
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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 ATTACHMENTSAT THE BACK OF THIS FORM.
Name of Counsel H. ANTHONY ADAMS
Supreme Court I.D. No.: 25502
Name of Law Firm: H. ANTHONY ADAMS
Address: 49 WEST ORANGE STREET, SUITE 3, SHIPPENSBURG, PA 17257
Telephone: (717) 532-3270
Fax: (717) 532-6673
Form oc-Ol rev. 10.13.06 Page 1 of 10
Estate of VALERIA NOLAN
Deceased
1. Name(s) and address(es) of Petitioner(s):
Name: DENNIS J. HOOVER
Address: 100 N. CHARLES STREET, SUITE 1010
BALTIMORE, MD 21201
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 Q No
If not, identify prior accountings, the accounting periods covered, and the date of
adjudication of the prior accounting.
2. Decedent died on 06/26/2009
Letters Testamentary or ~ Letters of Administration were granted to Petitioner(s) on
Date of Will (if applicable): TT T1~TF ~n i 94a
Date(s) of Codicil(s) (if applicable): NnNF.
Date of probate (if different from date Letters granted):
Was a bond required? ~I'es ^ No If yes, state amount: 950,000.00
Are proofs of advertising of the grant of Letters attached? ......... ~ Yes ~ No
Dates of advertising of the grant of Letters: THE NEWS CHRONICLE.. (8/4; 8/11
& 8/18/09) AND CUMBERLAND LAW JOURNAL (8/14; 8.21 & 8/28/09)
Form OC-01 rev. 10.13.06 Page 2 of 10
Estate of VALERIA NOLAN ,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? ............. DYes ~ 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 (if none, 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
Form oc-01 rev. 10.13.06 Page 3 of 10
Estate of VALERIA NOLAN
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 pr 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):
Forst OG01 rev. 10.13.06 Page 4 of 10
Estate of VALERIA NOLAN ,Deceased
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 OGOI rev. 10.13.06 Page 5 of 10
Estate of VALERIA NOLAN
Deceased
10. Other than the claim for the family exemption, list the names of al.l 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
Yes ~ 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-ol rev. 10.13.06 Page 6 of 10
Estate of VALERIA NOLAN ,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
SEE ATTACHMENT #2
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 m 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 OG01 rev. 10.13.06 Page 7 of 10
Estate of VALERIA NOLAN
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.
N/A
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.
Purpose: N/A
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 VALERIA NOLAN
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 shams being stated
in proportions, not amounts) are as follows:
A. Income:
Proposed Distributee(s)
B. Principal:
Proposed Distributee(s)
SEE ATTACHMENT #3
Amount/Proportion
Amount/1'roportion
Submitted By:
(All petitioners must sign.
Add additional lines if necessary):
Na tition : D NNIS J. HOOVER
PERSONAL REPRESENTATIVE
Name of Petitioner:
Form OC-01 rev. 10.13.06 Page 9 of 10
Estate of VALERIA NOLAN
Verification of Petitioner
(Verification must be by at least one petitioner.)
Deceased
The undersigned hereby verifies * [that neishe is titre
of the above-named name of corporation ,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).
* 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.
Signature of Counsel for Petit over
Form OC-OI rev. 10.13.06 Page 10 of 10
ATTACHMENT #1
Name and Address of Each Party In Interest Relationship and Interest
Comments. if anv
Joann Hoover Daughter Beneficiary for specific
9402 Michaels Way bequest
Elliott City, MD 21042
Joann Hoover Daughter Beneficiary for residuary
9402 Michaels Way estate (50%)
Elliott City, MD 21042
Demiis J. Hoover Grandson Beneficiary for residuary
6296 Wild Lake Drive bequest (50%)
Sykesville, MD 21784
Rodney Hoover Son-In-Law Beneficiary for Specific
9402 Michaels Way Bequest -Renunciation
Ellicott City, MD 21042 and Disclaimer File
ATTACHMENT #2
Date Pa ment Interest
September 8, 2009 $22,000.00 Estimated Inheritance Tax
March 18, 2010 $ 6,725.99 4.5% tax at the lineal rate for distribution to Beneficiaries for
residuary estate
ATTACHMENT #3
DISBURSEMENTS OF PRINCIPAL TO BENEFICIARIES
TO~ Joann Hoover -Daughter (in satisfaction of gift under Article Seventh of Will)
cut glass and press glass $450.00
Stock -all stock owned by deceased $329,399.40
50% residual of Estate $172,456.57 5602.306.57
TO~ Dennis Hoover -Grandson (in satisfaction of gift under Article Seventh of Will)
50% residual of Estate $172,456.57
Less Partial Distribution to Dennis Hoover S$22.095. { 4) 5160.360.83
TOTAL PROPOSED DISTRIBUTION LESS PARTIAL DISTRIBUTION 5662.666.40
*
IN RE:
ESTATE OF VALERIA H. NOLAN
*
*
* * * * * * * *
BEFORE THE
REGISTER OF WILLS
COUNTY OF CUMBERLAND
PENNSYLVANIA
ESTATE NO. 21-2009-0655
* * * * *
RENUNCIATION AND DISCLAIMER
I, Rodney L. Hoover, hereby renounce my right to receive; the specific devise and gift to
me in the amount of $6,500.00 from the Estate of Valeria H. Nolar.~.
In Witness Whereof and intending to be legally bound hereby and intending this
Renunciation and Disclaimer to be filed of record in the Office of the Register of Wills of
Cumberland County, Pennsylvania as provided in 20 Pa.C.S.A § 6204, I hereunto set my hand
and seal this day of February, 2010.
Rodney L. Hoc~er
ACKNOWLEDGEMENT
STATE OF MARYL
COUNTY/EI-T~i' OF ~/~!~'~Li
On this, the o~ ~'~day of February, 2010, before me, a Notary Public, the undersigned
officers, personally appeared, Rodney L. Hoover, known to me or satisfactorily proven, to be the
person described in the foregoing instrument and in due form of~ law acknowledge the above
renunciation and disclaimer to be his voluntary act and deed e~:ecuted in the same capacity
therein stated and for the purpose therein contained and desired tLle same might be recorded as
such.
IN WITNESS WHEREOF, I hereunto set my hand and pf~icial seal.
Notary ]?ublic t: "'~(~~"~ -~''
My Commission Expires: ~ Q // ~ P~~ 1C~ ~
3142.OOlUtenunciation&Disclaimer021S10 ~9lr~Mi7RE ~~~'
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,
viz:
Au ust 14 Au ust 21 & Au ust 28 2009
Affiant further deposes that he is authorized to verify this staterrLent 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.
Nolaa, Valerie H. a/k/a Valerie C.
Nolan, deed.
Late of the Borough of Newburg.
Executor: Dennis J. Hoover, 6296
Wild Lake Drive, Sykesville, MD
21784.
Attorney: None.
L~ a Marie Coyne, ~ itor
SW TO AND SUBSCRIBED before me this
28 da of Au ust 2009
~~~Q ,
Notary ~
NOTARIAL 'SEAL
DEBORAH A COLLINS
Notary puk~l)c
CARLISLE 80R0, CUMBERLAND COUNN
My Commission Expires Apr 28, 2010
Proof of Publication of Notice in
The News-Chronicle
COUNTY OF CUMBERLAND ROSEN HOOVER P.A./ESTATE NOTICE
COMMONWEALTH OF PENNSYLVANIA
Larry J. Werner II, being duly sworn according to law, deposes and says that he is the Sales Manager
of "The News-Chronicle," which is a bi-weekly newspaper of genera] circulation published in
Shippensburg Township, Cumberland County, Pennsylvania, by Latrobe Printing and Publishing
Company, a corporation duly organized and existing under the laws of the Cor-nmonwealth
of Pennsylvania having its principal place of business at 1011 Ritner Highway (P.O. Box 100),
Shippensburg, Pennsylvania; that she is authorized to and does make this affidavit on its behalf;
that the printed notice, advertisement of publication attached hereto is the same: as was printed in
the regular editions and issues of "The News-Chronicle" on the following date(s)
Au;7ust 4 11 & 18 2009
Affiant further deposes that neither he nor "The
News-Chronicle" and The Latrobe Printing and
Publishing Company have any interest in the subject
matters of the aforesaid notice or advertisement, and
that the facts set forth in the foregoing affidavit is
true and correct.
Sworn and subscribed before m this
~_Day of ,2009
a ---.-______~ ~nt~~,ra~;
fdotariaf See! -' ~
~ Lisa Dawn Shankle, r~o:;ry p~rGiiC I
f Bedford 8oru Bedir-,rd County
i My Co_mrrrissic_n Expire[: i"ea. 2i, 2U ~ 2
A4errtber, Perrr;~ - `-'----- --------
~7/E+.nla nS;:UC';a;Laf-e Oi fWiJt.arl8;,
~~Yiw~ ~w.~nw~k.~.
Notary Public
To: "The News-Chronicle"
Shippensburg, PA 17257
For publishing the notice attached hereto:
On the stated date(s) ................ $ 141 00
Affidavit ............ ........... .$ 5 00
Total .............................. $ 146 00
Copy of Notice of Publication