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HomeMy WebLinkAbout07-02-10 (2)~ ~'o~,Qg~ Z~ DECEDENT' S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF KATHERINE P. NEIER, DECEASED No. 21-09-3 79 PETITION FOR ADJUDICATION / STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.C. Rule 6.9 ~~ ~~~ ~~~ .~~ a r 1 N ~. c~ trs C*1 ~~~I This form may be used in all cases involving the Audit of the Account of a Decedent ~S Estate. If space is insu.~cient, riders may be attached Attach the spouse's election, if arty; the papers required under items 8-19 inclusive; and any instrument pertinent to the adjudicatio~i. INCLUDE ATTACHMENTS AT THE BACK OF THIS FORM. ', Name of Counsel: Supreme Court ID: Address: Telephone: Fax: Wayne F. Shade, Esquire ', 15712 53 West Pomfret Street Carlisle, PA 17013 717-243-0220 717-249-0017 r~; :.- _T, -= ~-~: t~~;r~ _, , . -, , r= ~~~C~~ .r..; Estate of Katherine P. Neier, Deceased 1. Name(s) and address(es) of Petitioner(s): 2. 3. Name: Kathryn N. Miller Address: 450 McClures Gap Road Carlisle, PA 17013 Identify any executors or administrators who have not joined in the Peti ion for Adjudication and Statement of Proposed Distribution and Account and fate reason: None Is this the first accountin b this fiduci ~ I~I g Y ary. .. ~jYes No If not, identify prior accountings, the accounting periods covered, ant's the date of adjudication of the prior accounting. ?~ Decedent died on April 2, 2009 ~ Letters Testamentary or Letters of Administration were grantedll to Petitioner(s) on Apri121, 2009 Date of Will (if applicable): May 31, 2996 Date(s) of Codicil(s) (if applicable): March 28, 2006 '~, Date of probate (rf d~erent from date Letters granted): Apri121, 200 Was a bond required? Yes ~ No If yes, state amount: Are proofs of advertising of the grant of Letters attached? ~ Y~s No Dates of advertising of the grant of Letters: See attached I! Was decedent survived by a spouse? Ye~ ~. No If yes, name of the surviving spouse: -2- Estate of Katherine P. Neier, Deceased 4. Has the surviving spouse filed to take an elective share? . (See X2201, et seq., of the Probate, Estates and Fiduciaries Code) ~es ~' No If yes, date of election: II 5. In the case of an intestacy, state the names of the decedent's surviving c~ildren or surviving issue of deceased children (rf none, so state): Testate j 6. Did decedent marry after execution of Will or Codicil(s)? ~'es No Were any children born to decedent after execution of II Will or Codicil(s)? ~'es ,~ No If yes, give names and dates of birth: ~I Name: Date of Birth: 7. If required by the Medical Assistance Estate Recovery Act, I, 62 P.S. §1412, was a request for a statement of claim sent to the Department of Public Welfare? ~' . . . . . . . . . . . . . . . . ~ Ides No 8. Written notice of the Audit as required by Pa. O.C. Rules 6.3, 6.7 and 6.81 ha or will be given to all parties in interest listed in item 9 below, all unpaid ~Credrtors and all claimants listed in item 10 below. In addition, notice of any quest ons requiring Adjudication as discussed in item 14 below has been or will be iven 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.. Ilf 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. -3- Estate of Katherine P. Neier, Deceased C. If any person entitled to Notice is not sui juris (e.g., minors or ~ncapac persons), Notice of the Audit has been or will be given to the a propri 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 ben or will also be given to the Attorney General as required under Pa. O. .Rule 5.5. In addition, the Attorney General's clearance certificate (or pro f of service of Notice and a copy of such Notice) must be submitted herewi or at the Audit. 9. List all parties (charitable and non-charitable) of whom Petitioner(s) has ave 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 int~stacy: A. State each party's relationship to the decedent and the nature of Teach party's interest(s): Name and Address o Each Par in Interest Relationshi and Comments, i a Intere t Kathryn N. Miller Daughter 75%~~ 450 McClures Gap Road Carlisle, PA 17013 Thomas D. Neier, Jr. Son o 790 Christine Drive 4.16 0 Palo Alto, CA 94303 Garrett C. Neier Grandson 4 1 go, 1567 Escalona Drive Santa Cruz, CA 95060 ~~, Christopher C. Neier Grandson 4,1 g° 566 Dorena Drive Newberry Park, CA 91320 I'' Stephanie G. Coulson Granddaughter 4.16°/d 911 Sadler Court Carlisle, PA 17013 -4- Estate of Katherine P. Neier, Deceased Brian E. Miller Grandson 4.1 ~% 681 Buchanan Boulevard Red Bank, NJ 07701-5357 ', Leslie K. Miller Granddaughter 4,1 1512 Inverness Drive ~ Mechanicsburg, PA 17050 ~I B. Identify each party who is not sui juris (e.g., minors or incapac' ted persons). For each such party, give date of birth, the name of a ch Guardian and how each Guardian was appointed. If no Guardi has been appointed, identify the next of kin of such party, giving the name, address and relationship of each. None I C. State why a Petition for Guardian/'Trustee Ad Litem has or has of been filed for this Audit (see Pa. O.C. Rule 12.4. D. If distribution is to be made to the personal representative of a dl cease party, state date of death, date and place of grant of Letters and a of Letters granted. 10. Other than the claim for the family exemption, list the names of all kno claimants and the amount of their claims and state whether each claim is admitted Name and Address of Each Claimant Amount of Claim Claim Admitted? Will Claim Be Paid In None Yes No If the estate is insolvent, attach a schedule setting forth the order of 20 Pa.C.S. §3392 and the proposed payments. -5- Yes No under Estate of Katherine P. Neier, Deceased 11. Was family exemption claimed? . Was family exemption allowed? . . Family exemption claimant's name and relationship: Name: Relationship: ~IYes ~ No '~ ~~Yes ~ No I' 12. The amount of Pennsylvania Transfer Inheritance Tax and additional Pe sylvani~ Estate Tax paid, the date(s) of payment(s), and the interest(s) upon whic paid, aze as follows: June 26, 2009 $28,000.00 September 25, 2009 $1,461.16 13. On the date of death, was the decedent a fiduciary ~I (personal representative, trustee, guazdian, agent under power I!~ of attorney) or surety on the bond of a fiduciary? 'Yes .~ No If yes, provide the name of the estate, indicate whether an account h been filed and confirmed absolutely and all awazds performed, or, in the alterna ive, how the decedent's estate will be dischazged 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 i, B. Has notice of the question requiring adjudication been given to the parties identified in Paragraph 9 above? . Yesj No -6- Estate of Katherine P. Neier, Deceased 15. If Petitioner(s) has/have knowledge that a shaze has been assigned, ren disclaimed or attached, provide a copy of the assignment, renunciation, attachment, together with any relevant supporting documentation. No 16. Had the decedent been adjudicated an incapacitated person? . . If yes, attach a copy of the Order if available; otherwise state the number, date and name of heazing judge. Yes X~ No term, 17. A. List or attach a sepazate list of additional receipts and disbursements Ilsince 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? . . . . . Yles No 18. If a reserve is requested, state amount and purpose. Amount: $450.00 Purpose: For filing Account, etc. Amount: $5,500.00 Purpose: Income taxes Amount: $880.00 Purpose: Income tax return 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? .. ye~ If so, attach a copy of the notice. No or -7- Estate of Katherine P. Neier, Deceased 19. Is the court being asked to direct the filing of a Schedule of Distribution? . ~ 1Yes No As to real estate only? . . . . . . . . . . . . . . . . . . . . . . . ~es ~ No Wherefore, your Petitioner(s) ask(s) that distribution be awarded to the II arties entitled and suggest(s) that the distributive shares of income and principal (r~siduary shares being stated in proportions, not amounts) are as follows: A. Income: Kathryn N. Miller Thomas D. Neier, Jr. Garrett C. Neier Christopher C. Neier Stephanie G. Coulson Brian E. Miller Leslie K. Miller B. Principal: $4,215.61 $6,427.07 $6,571.24 $6,571.24 $6,427.07 $6,427.07 $6,427.07 Submitted By: (All petitioners must sign. Add additional lines if necessary) //. Kathryn N filler -8- Estate of Katherine P. Neier, Deceased Verification of Petitioner (Verification must be by at least oae petitioner) The undersigned hereby verifies that the facts set forth in the foregoing ~etition for Adjudication /Statement of Proposed Distribution which aze within the personal knowledge of the Petitioner are true, and as to facts based on the information ~'~of others the Petitioner, after diligent inquiry, believes them to be true; and that any fal$e statements herein aze made subject to the penalties of 18 Pa.C.S. §4904 (relat~ng to unsworn falsification to authorities). ', Kathryn .Miller Certification of Counsel The undersigned counsel hereby certifies that the foregoing Petition for I' 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 orm have been made beyond the responses herein. -~ ~~~~ Wayne .Shade, Esquire Counsel for Petition er -9- PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Erica Peterson Classified Mara er of The Sentinel, of the County and State afore being duly sworn, deposes and says that THE SENTINEL, a newspaper of genera circulation in the Borough of Carlisle, County and State aforesaid, was establishe December 13th, 1881, since which date THE SENTINEL has been regularly issued said County, and that the printed notice or publication attached hereto is exactly same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): Avri128, 2009 Mav 5 2009 and Mav 12 2009 . ,. COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not interested in the subject matter of the '~ aforesaid notice or advertisement, andj that all allegations in the foregoing statement as to time, place and character of publication aze true. ~, I~ Sworn to and subscribed before me thi~ ~~~ __- - _ OU_9-- ~~ Notary Public My commission expires: w ~,Y v ~fw., BAMBI ANN HCC ~ ~, Camp Hill Boro., Cumberland~y rwy Gommissi~an Expires January 27, W 10 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 State aforesaid, being duly sworn, according to law, deposes and says that the Cuml Jouxlaal, a legal periodical published in the Borough of Carlisle in the County and SI was established January 2, 1952, and designated by the local courts as the official le periodical for the publication of all legal notices, and has, since January 2, 1952, bel issued weekly in the said County, and that the printed notice or publication attached exactly the same as was printed in the regular editions and issues of the said Cumber Journal on the following dates, Inty and ~rld Law aforesaid, regulazly xeto is nd Law Affiant further deposes that he is authorized to verify this statement by the C berland Law Journal, a legal periodical of general circulation, and that he is not interested in th subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoin~ statements as to time, place and character of publication aze true. r Marie _ _- _- -- Lat ~tltsrlae P.~ deed, ship South Mid~eton Town_ MEcClu~'~p R~ N. Miller, 450 17013. , Caz'lisle, PA Attorney; Wayne F Shade, Es_ quu'e, 53 Weat Pomfret Street, Carlisle, PA I7013. SWORN TO AND SUBSCRIBED before mje this 15 day of Mav; 2009 ', ~• Notary NOTARIAL S L DEBORAH q CO LINS Notary Pubil CARIISIE BORO, CUMBER D COUNTY My Cor~nmisslon Expires 28, 2010 1N RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF KATHERINE P. NEIER, CUMBERLAND COUNTY,,PENNSYLVANIA Deceased, Late of the ORPHANS' COURT DIVISION Township of South Middleton Cumberland County, Pennsylvania N0.21-09-379 NOTICE OF FILING ACCOUNT AND I'~ y given that the First and Final Account of K Execuh~ix of the Estate of Katherine P. Neier, Deceased, and a Statern nt o Proposed Distribution of the balance of the assets of said Estate will be filed in a Office of the Register of Wills of Cumberland County, Pennsylvania, on or before J ly 23, 2010, and that the same will be called for confirmation on August 24, 2010, at 9: 0 A.M. in the designated courtroom on the fourth floor of the Cumberland County Courthouse, Carlisle, Pennsylvania, at which time and place you may appear, either in person or by counsel. Copies of said First and Final Account and Statement of Propos d Distribution ar enclosed herewith, and the originals as-filed may be inspected in the O ice of the e Register of Wills of Cumberland County, Pennsylvania, at anytime prio to their presentation for confirmation. Unless objections to said First and Final Account or Statement o~Pro osed Distribution, or both, are filed in writing not later than 9:00 A,M. (prev 'fling ttime) of the date fixed for confirmation thereof unless otherwise permitted by the C urt prior to confirmation, said First and Final Account will be confirmed; and distri ution will be ordered according to the enclosed Statement of Proposed Distribution. ', If.you have no objections to the enclosed, ou do n appear in court at the time of confirmation. Y bt need to )ate: July 2, 2010 II illl Wayne .Shade STATEMENT OF PROPOSED DISTRIBUTION NOTICE is hereb WAnvE F. SxAnE Attorney for Accountant Attorney Ju Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 NOTICE TO: Mrs. Kathryn N. Miller 450 McClures Gap Road Carlisle, PA 17013 Mr. Thomas D. Neier, Jr. 790 Christine Drive Palo Alto, CA 94303 Mr. Garrett C. Neier 1567 Escalona Drive Santa Cruz, CA 95060 Mr. Christopher C. Neier 566 Dorena Drive Newberry Park, CA 91320 Ms. Stephanie G. Coulson 911 Sadler Court Carlisle, PA 17013 Mr. Brian E. Miller 681 Buchanan Boulevard Red Bank, NJ 07701-5357 Ms. Leslie K. Thumma 1512 Inverness Drive Mechanicsburg, PA 17050 WAYNE F. SHADE Attorney at I.aw 53 West Pomfret Street Carlisle, Pennsylvania 17013