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HomeMy WebLinkAbout07-01-10 (2)~31,og~.~s DECEDENT'S ESTATE COURT OF COMMON PLEAS OF '~ CUMBERLAND COUNTY, PENNSYLVANIA ', ORPHANS' COURT DIVISION ESTATE OF JAMES E. POE ,DECEASED N d 2009-0109 No. ~ o ,., ='''` ~- t ~ ` . . .~Y ^ ~ ~ '~ r ~ r-~ ~ ~ . PETITION FORADJUDICATION / b ~ ~ ~^'V ~ STATEMENT OF PROPOSED DISTRIBUTION w ~~= PURSUANT TO Pa. O.C. Rule 6.9 $ ~' o ~~~'~ , ao 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 arty; the papers required under items 8-19 inclusive; and arty instrument pertinent to the adjudicatio INCLUDEATTACHMENTSATTHE BAC%OF THIS FORM. Name of Counsel: JAMES M. ROBINSON Supreme Court LD. No.: 84133 Name of Law Firm: TURD LAW OFFICES Address: 28 SOUTH PITT STREET, CARLISLE, PA 17013 Telephone: (717) 245-9688 Fax: (7171245-2165 Form OC-ol rev. 10.13.06 Rage 1 of 10 Estate of JAMES E. POE ,Deceased 1. Name(s) and address(es) of Petitioner(s): Nom: PATRICIA A. KOUGH A~ess: 356 KERRSVILLE ROAD CARLISLE, PA 17015 '~ Identify any executors or administrators who have not joined in the Petition f~r Adjudication and Statement of Proposed Distribution and state reason: ', Is this the first accounting by this fiduciary? ..................... ®~es ^ No If not, identify prior accountings, the accounting periods covered, and the~date of adjudication of the prior accounting. I 2. Decedent died on JANUARY 21, 2009 ', ®Letters Testamentary or ^Letters of Administration were granted to Petitioner(s) on FEBRUARY 3, 2009 Date of Will (if applicable): SEPTEMBER 17, 1987 ', Date(s) of Codicil(s) (if applicable): NOS ', Date of probate (if di, f j`erent from date Letters granted): N/A Was a bond required? ^Yes ®No If yes, state amount: Are proofs of advertising of the grant of Letters attached? ......... Q Yes ^ No Dates of advertising of the grant of Letters: SENTINEL - 2/11, 2/18, 2/2/2009 CUMBERLAND LAW JOURNAL - 2/13, 2/20, 2/27/20(y9'; Foy oc-o~ ~~. io.ls.o6 Page 2 of 10 Estate of JAMES E. POE ,Deceased 3. Was decedent survived by a spouse? ............................. DYes ®No If yes, name of the surviving spouse: 4. Has the surviving spouse filed to take an elective share? ............. ^Yes ^ No (S~e Section 2201 et s_q. of the Probate, Estates and Fiduciaries Code) If yes, date of election: 5. In the case of an intestac state then i y, ames of the decedent s surviving children or surviving issue of deceased children (rf none, so state): N/A 6. Did decedent marry after execution of Will or Codicil(s)? ........... Q ~es m No Were any children born to decedent after execution of '~ Will or Codicil(s)? ........................................... ^ ~es ®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? .............................. ^ des ®No Fo,~, oc-o~ ,x.10.13.06 Page 3 of 10 Estate of JAMES E. POE Deceased 8. Written notice of the Audit as required by Pa. O.C. Rules 6.3, 6.7 and 6.8 hasjbeen or will be given to all parties in interest listed in item 9 below, all unpaid creditors and 11 claimants listed in item 10 below. In addition, notice of any questions requiring Adjudi ation as discussed in item 14 below has been or will be given to all persons affected ereby. A. If Notice has been given, attach a copy of the Notice as well as a list olf the names and addresses of the parties receiving such Notice. & If Notice is yet to be given, a copy of the Notice as well as a list of th ~ names and addresses of the parties receiving such Notice shall be submitted at th Audit together with a statement executed by a Petitioner or counsel certifyin that such notice has been given. C. If any person entitled to Notice is not sui juris (e.g., minors or incap itated persons), Notice of the Audit has been or will be given to the appropn~ate 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 ill 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 land 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/havej notice or knowledge, having or claiming any interest in the estate as beneficiaries unde#~ 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 p arty's interest(s): ', Name PATRICIA A. KOUGH DAUGHTER 356 KERRSVII,LE ROAD CARLISLE, PA 17015 MICHAEL J. POE SON 339 GRAHAM STREET CARLISLE, PA 17013 Y Form OG01 rev. I o. 13.06 Page 4 of 10 Estate of JAMES E. POE Deceased PATRICK G. POE SON BENEFICIARY 621 HIGHLAWN AVENUE ~! ELIZABETHTOWN, PA 17022 CAROL POE DAUGHTER OF BENEFICIARY BRUSSELS, BELGIUM DECEASED SON ~~ See Exhibit A for additional party. B. Identify each party who is not sui juris (e.g., minors or incapacitated rsons). 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 a next of kin of such party, giving the name, address and relationship of each. NONE C. State wh a Petition for Guardian/Tru II Y stee Ad Litem has or has not been filed for this Audit (see Pa. O.C. Rule 12.4). ~, N/A III 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 Letter granted. N/A ''~ Form OC-0I .~. lo.~s.o6 Page 5 of 10 Estate of JAMES E. POE 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 ojEach Claimoru Amount of Claim Claim Will Claim Admitted? Be Paid In Full? BK OF AMERICA/FIA CARD SVCS 14717.22 mYes Yes DES-014-02-03 ^No No 1000 SAMOSET DRIVE WILMINGTON, DE 19884 BK OF AMERICAIFIA CARD SVCS 18103.86 ®Yes Yes DES-014-02-03 ^No No 1000 SAMOSET DRIVE ~~ WILMINGTON, DE 19884 CHASE CARD SERVICES 2804.20 ®Yes Yes PO BOX 15298 ~No No WILMINGTON, DE 19850-5298 CHASE CARD SERVICES 3914.86 ®Yes Yes PO BOX 15298 ^No No WILMINGTON, DE 19850-5298 Q..~ L+.~L.. L.. L a r_ ~ ~_ --- -----~~+~.. ~+ ivi auus. a.l.viacal Ycii I.lCS . If the estate is insolvent, attach a schedule setting forth the order of preference's under 20 Pa.C.S. § 3392 and the proposed payments. 11. Was family exemption claimed? ................................ ^~es ®No Was family exemption allowed? ................................ ~Y~es ®No Family exemption claimant's name and relationship: Name: Relations)dp: Form OC-01 rev. 10.13.06 Page 6 of 10 Estate of JAMES E. POE ,Deceased 12. The amount of Pennsylvania Transfer Inheritance Tax and additional Pennsylvvania Estate Tax paid, the date(s) of payment(s), and the interest(s) upon which paid, are a~ follows: Date Payment Interest NONE 13. On the date of death, was the decedent a fiduciary I~! (personal representative, trustee, guardian, agent under power of attorney) or surety on the bond of a fiduciary? ................... ^ ~es m No If yes, provide the name of the estate, indicate whether an account has n filed and confirmed absolutely and all awards performed, or, in the alternative, ho the decedent's estate will be discharged for the decedent's fiduciary adminis tion of the estate. 14. A. Describe in detail any questions requiring adjudication and state the positipn 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? .................. ^ ~es ^ 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-01 rev. 10.13.06 Fage 7 of 10 Estate of JAMES E. POE Deceased 16. Had the decedent been adjudicated an incapacitated person? .......... [)1Yes ®No If yes, attach a copy of the Order if available; otherwise state the Court, tgrm, number, date, and name of Hearing Judge. 17. A. List or attach a separate list of additional receipts and disbursements sincd 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? ............. ~'~es m No 18. If a reserve is requested, state amount and purpose. ', Amoemt.• Purpose: NONE ' 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? ........................................ ®~es ®No If so, attach a copy of the notice. 19. Is the Court being asked to direct the filing of a Schedule of Distribution? .......................... ®~'es ^No As to real estate only? ........................................ ©~'es ®No Form oc-Ol rev. 10.13.06 Page 8 of 10 Estate of JAMES E. POE Deceased Wherefore, your Petitioner(s) ask(s) that distribution be awarded to the partie entitled and suggest(s) that the distributive shares of income and principal (residuary shares'l~ing stated in proportions, not amounts) are as follows: A. Income: Proposed Distributee(s) Amoant/Pronortion B. Principal: Proprued Disdibutee(s) AmovndProportion SEE ATTACHED LISTING VARIOUS/ 11.789% EACH Submitted By: (All petitioners must sign. Add additional lines if necessary): Name of Yettttoner: pATRICIA A. Name of Petitioner: Form OG01 rev. 10.13.06 P~g~ 9 Qf 1 ~ Estate of JAMES E. POE Deceased Verification of Petitioner (Verification must be by ~ least one petitioner.) The undersigned hereby verifies * (that I,ersl~ is r-r1e of the above-named ,~ v~'rnp~ar and] that thle facts set forth in the foregoing Petition for Adjudication /Statement of Proposed Distribution ~bvhich 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 f~lse statements herein are made subject to the penalties of 18 Pa. C.S. § 4~Q4 (relating to unsworn falsification to authorities). ~ \ Signature of Petitioner * Corporate petltloners must complete bracketed information. Certification of Counsel The undersigned counsel hereby certifies that the foregoing Petition for Adjud cation/ 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 be~bond the responses herein. Form OGOI rev. 10.13.06 Page 10 of 10 • R PETITION FOR ADJUDICATION / STATEMENT OF PROPOSED DISTRIBUTION ESTATE OF JAMES E. POE, DECEASED File No. 2109-00109 Ezhibit A Additional party: 9. List all parties (charitable and non-charitable) of whom the Petitioner(s) has~have notice of knowledge, having or claiming any interest in the estate as beneficiaries uk~der 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 Relationship Intere t GREGORY POE SON OF BENEFICIARY MALDEGEM, BELGIUM DECEASED SON Additional parties: ', 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 CITICORP CREDIT SVCS/ 5,991.06 YES NO ACADEMY COLLECTION SVCS 10965 DECATUR ROAD PHILADELPHIA, PA 18154-3210 CITIBANK/SEARS CREDIT/ 6,473.95 YES NO PHILLIPS & COHEN ASSOC. 1002 JUSTISON STREET MAIL STOP: 833 WILMINGTON, DE 19801 PENTAGON F C U / 4,387.37 YES NO WEST ASSET MANAGEMENT PO BOX 956842 ST. LOUIS, MO 63195 1 .r __ 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 PENTAGON F C U / 14,905.14 YES ' NO WEST ASSET MANAGEMENT PO BOX 956842 ST. LOUIS, MO 63195 USAA FEDERAL SAVINGS BK./ 18,024.35 YES NO WEST ASSET MANAGEMENT 7171 MERCY ROAD PO BOX 6183 OMAHA, NE 68106-0183 PROPOSED DISTRIBUTION Value I, Proposed Creditor Account Number of Claim isbursement Bank of America/ 749-90720-0173-94 $14,717.22 $, 1,723.28 FIA Cazd Services NA '~ Bank of America/ 5329-0315-3465-1391 18,103.86 ' 2,119.82 FIA Cazd Services NA Chase Cazd Services 5680-3025-7369-6461 2,804.20 328.38 Chase Cazd Services 5544-5520-3093-2794 3,914.86 'I 458.43 Citicorp Credit Services/ 5424-1805-0867-6407 5,991.06 701.53 Citibank/Sears Credit/ 5049-9481-3717-8408 6,473.95 758.07 Phillips & Cohen Assoc. Pentagon FCU 154534-01-75-1 4,387.37 513.76 Pentagon FCU 4233-2700-0028-8258 14,905.14 ' 1,745.27 USAA Fed. Savings Bank/ 5491-2371-1097-0780 18,024.35 ' 2,110.50 West Asset Management $89,322.04 $10, 854 854 70 All claims of equal preference, paid at the rate of 11.709% of the amount of claim 2 ,. PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Erica. Peterson. Classified Mans er 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 ~ said County, and that the printed notice or publication attached hereto is exactly tie same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): February 11, 2009. February 18 2009 and February 25 2009 COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is dot interested in the subject matter of the aforesaid notice or advertisement, and I that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this ~~~ axyn~Nt~~?:~oG Notary Public ' My commission expires: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL BAMBI ANN HECKENGORN; Notary Public Camp Hill Boro., Cumberland County My Commission Expires January 27, 2010 u ~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the bounty 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 Jaauary 2, 1952, and designated by the local courts as the official le a1 periodical for the publication of all legal notices, and has, since January 2, 1952, bee~l regularly issued weekly in the said County, and that the printed notice or publication attached ~lereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, ~;~• _ Februa_rv 13, February 20 and February 27 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 t.~e 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. f Coyne, SWORT~T TO AND SUBSCRIBED before ine this 27 day of February, 2009 Pae, Gams B, a/1c/a Jams Sdwasd ND~S' Poe, deed. Late of South Middleton Town- ship. Executrix: Patricia A. Kough c/o Turo Law Offices, 28 South Pitt street, Carlisle, PA 17013. NOTARUIL SEAL Attorney: James M. Robinson, DEBORAH A COLLINS Esquire, 28 South Pitt Street, Notary Public Carlisle, PA 17013. CARLISLE BORO, CUMBERLAND OUNi1 My Commlaalon Explrea Apr 282010