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HomeMy WebLinkAbout07-02-10v ~(gl I~,~f .99_ ao DECEDENT'S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF LEE V. KING ,DECEASED ', No. 21-09-0983 ' ns 0 m c,. c r-- PETITION FOR ADJUDICATION / f„~ rv STATEMENT OF PROPOSED DISTRIBUTION ~po ~ PURSUANT TO Pa. O.C. Rule 6.9 ~ ~ N D i'V ~: ~ `Y r~-: ~~ cad rte, ~ ,=~ _A, ~~:~ _ ~ r-} _..__ r~ra ., •'~ This form may be used in all cases involving the Audit of the Account of a Deced~nt's Estate. If space is insufficient, riders may be attached. Attach the spouse's election, if a~iy; the papers required under items 8-19 inclusive; and any instrument pertinent to the adjudication. INCLUDE ATTACHMENTS AT THE BACK OF THIS FORM. '', Name of Counsel: No V. Otto III, Esquire Supreme Court LD. No.: 27763 Name of Law Firm: MARTSON LAW OFFICES Address: 10 East High Street, Carlisle, PA 17013 Telephone: (717) 243-3341 Fax: 717 4 -1 Form OC-01 rev. 10.13.06 Page 1 of 10 ~I Estate of LEE V. KING ,Deceased 1. Name(s) and address(es) of Petitioner(s): Name: Edward H. King Address: 521 Stone Church Road Carlisle, PA 17015 Identify any executors or administrators who have not joined in the Petition Ifor Adjudication and Statement of Proposed Distribution and state reason: Is this the first accounting by this fiduciary? ..................... ~ Yes 0 No If not, identify prior accountings, the accounting periods covered, and tl~e date of adjudication of the prior accounting. 2. Decedent died on 10/7/2009 ® Letters Testamentary or ®Letters of Administration were granted to Petitioner(s) on 10/20/2009 Date of Will (if applicable): 02/13/2003 Date(s) of Codicil(s) (f applicable): Date of probate (if different from date Letters granted): i 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: Sentinel: 10/24, 10/31 & ~ 1/7/2009 Cumberland Law Journal: 10/30 & 11/6, 11/13/2009 Page 2 of 10 Form OC-01 rev. 10.13.06 Estate of LEE V. KING ,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 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 child#en 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 oG01 .~. io.is.o6 Page 3 of 10 - _ _ __ Estate of LEE V. KING ,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 I, 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 hereby. A. If Notice has been given, attach a copy of the Notice as well as a list lof 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 tide names and addresses of the parties receiving such Notice shall be submitted at tie 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 of will also be given to the Attorney General as required under Pa. O.C. Rule 5.5. ~n addition, the Attorney General's clearance certificate (or proof of service of Notre 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/haNe 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 parry's interest(s): ~d Robin Markey Specific bequest in None 580 Old York Road Will of personal Etters, PA 17319 property which was delivered prior to death Edward H. King Brother -Residuary 100% 521 Stone Church Road beneficiary Carlisle, PA 17015 Form OGOI .~. ~0.~3.06 Page 4 of 10 Estate of LEE V. KING ,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 a~d how each Guardian was appointed. If no Guardian has been appointed, identi the next of kin of such party, giving the name, address and relationship of each. Not applicable 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). Not applicable D. If distribution is to be made to the personal representative of a decei~sed party, state date of death, date and place of grant of Letters and type of Le ers granted. Not applicable Fom, oc-or .~. ~0.~3.06 Page 5 of 10 Estate of LEE V. KING _ ,Deceased 10. Other than the claim for the family exemption, list the names of all known c~aimants 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 Full? None known s ! ^ ^Yes No ® ^ No ^Yes II ^Yes ^No ~, ^ No ^Yes ' ^Yes ^No ' ^ No ^Yes ' ^Yes ^No ' ^ No If the estate is insolvent, attach a schedule setting forth the order of preferenjce under 20 Pa.C.S. § 3392 and the proposed payments. 11. Was family exemption claimed? ................................ [Yes mNo Was family exemption allowed? ................................ Yes mNo Family exemption claimant's name and relationship: Name: Relationship: Form OC-01 rev. Io.IS.o6 Page 6 of 10 Estate of LEE V. KING ,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, areas follows: Date Payment Interest 12/30/2009 12/30/2009 Total credit 33,104.18 0 1,742.33 Discount Credit 34,846.51 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, hoi'w the decedent's estate will be discharged for the decedent's fiduciary admini$tration of the estate. 14. A. Describe in detail any questions requiring adjudication and state the pos~tion 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 m 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. lo.ls.o6 Page 7 of 10 Estate of LEE V. KING ,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. 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: 5,50~.0~ i ~„~ose: Filing fees and additional attorney fees 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 FonnOC-01 .~. ro.is.o6 Page 8 of 10 Estate of LEE V. KING ,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) Amount,/Proportion 1 1: B. Pnnc pa Proposed Distributee(s) Amount/Proportion Edward H. King 31,045.70 Submitted By: (All petitioners must sign. Add additional lines if necessary): Name of Petitioner: Edward H. King Name of Petitioner: Form oc-oi rev. ro.13.06 Page 9 of 10 _ T_ Estate of LEE V. KING ,Deceased Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that h~she is r;rre of the above-named Mme ojcarpvrar;on 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 they 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). Signature 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 b4eyond the responses herein. Signature of Counsel for Petitionner Fom, oc-oi rte. ro.is.o6 Page 10 of 10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA ORPHANS' COURT DIVISION FILE N0.21-09-0983 FIRST AND FINAL ACCOUNT OF EDWARD H. IQNG, EXECUTOR OF THE ESTATE OF LEE V. II~NNG, LATE OF SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA SCHEDULE OF PROPOSED DISTRIBUTION Edward H. King, Executor of the Last Will and Testament of Lee V. Ding, deceased, proposes to distribute the balance in his hands, to wit: $31,045.70, in accordance with the said Last Will and Testament as heretofore filed in the Office of the Register of Wills of Cumblerland County, Pennsylvania, as follows: TO: Edward H. King, per Item 3 of said Will: In Kind: 13.72 acres mountain land, Lower Frankford Township 26,359.00 Cash 4.686.70 TOTAL BALANCE FOR DISTRIBUTION $31,045.70 STATEMENT OF THE REASONS FOR THE PROPOSED DISTRIB~TTION The above distribution is proposed in accordance with the Last Will and Testament of Lee V. King. Sworn and subsc ' ed to before me this .30 ~' day of aD~o . Notary blic COMMONWEALTH 0_ F PENPIISYLV~WIA NOTARIAL SEAL Corrine L. Myers, Notary Public Carlisle Borough, Cumberland County _g_ My commission ex ices May 27, 2011 Edward H. King, Executor PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. ~ , Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of thle County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official I,legal periodical for the publication of all legal notices, and has, since January 2, 1952, bjeen regularly issued weekly in the said County, and that the printed notice or publication attach$d hereto is exactly the same as was printed in the regular editions and issues of the said Cumbberland Law Journal on the following dates, vlz: ~ October 30, November 6 & November 13, 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 the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to tirrle, place and character of publication are true. Kiaf,l.~s V., deed. Late of South Middleton Town- ship. Executor: Edward H. King c/o Martsan Law Offices, 10 East High Street, Carlisle, PA 17013. Attorneys: No V. Otto, III, Esquire, Martaon Law Of~cea. SWORl~`O AND SUBSCRIBED befpre me this 13 dayof November, 2009 Notary ~~ NOTARULL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO. CUMBERLAND COWNN My Commission Expires Apr 28, 2410 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland lames Kleinklaus, Advertising_Operations Director, 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, vNas established December 13,1881, since which date THE SENTINEL has been r~gulazly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regulaz editions and issues of THE SENTINEL on the following day(s): C+ctober 24 & 31 & November 7, 2009 COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/s~ie is not interested in the subject matter o>~ the aforesaid notice or advertisemenir, and that all allegations in the foregoing statement as to tune, place and character of publication aze true. Notary My commission expires: MMONWEALTH OF PENiVSYLUAN[A NOTARIAL SEAL 8AM61 ANN HECKENDORN; Notary Public', Camp HiU Boro., Cumbadend Conanias+on J 21 10 ' . IN RE: ESTATE OF LEE V. KING, IN THE COURT OF COMMON PLEAS OF DECEASED, LATE OF SOUTH :CUMBERLAND COiJNTY, PENNSYLVANIA MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, :ORPHANS' COURT DIVISION PENNSYLVANIA N0.21-09-0983 NOTICE OF FILING FIRST AND FINAL ACCOUNT AND AND CALL FOR AUDIT OR CONFIRMATION NOTICE IS HEREBY GIVEN that Edward H. King, Executor of the Estate of Lee V. King, deceased, has this date filed the First and Final Account and Petition for Adjudication/Statej~nent of Proposed Distribution in the above-captioned Estate in the Office of the Clerk of the Orphans' ',Court in and for Cumberland County, Pennsylvania, where the same is filed as public record and may be inspected. YOU ARE FURTHER NOTIFIED that any exceptions or obj ections to said Account or Petition must be filed in writing at the office of the Clerk of the Orphans' Court, Cumberland County Coufrthouse, Carlisle, PA 17013, aforesaid prior to the confirmation of said Account and Statement of Prop~sed Distribution scheduled as set forth below. UNLESS written exceptions or objections are filed prior thereto, said Account will be presented by the Clerk of the Orphans' Court to the above-captioned Court in Court Room No. 1 ofd the Cumberland County Courthouse, Carlisle, Pennsylvania, at 9:30 a.m. prevailing time, on Tuesday, August 24, 2010, at which time said Account will be confirmed and distribution ordered in accordance with the Petition for Adjudication/Statement of Proposed Distribution. MARTSON LAW OFFICES By: ~~ . "S No V. Otto III, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorney for Estate of Lee V. King Date of Notice: 'i~a / ~D NOTICES TO: Robin Markey 580 Old York Road Etters, PA 17319 Edward H. King 521 Stone Church Road Carrisle, PA 17015 F ~FILES~DATAFILE~Estate PlanningU102-1 will.2 LAST WILL AND TESTAMENT I, LEE V. KING, of South Middleton Township, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking any and all former Wills or Codicils by me made. 1. I direct that all my legally enforceable debts, funeral expenses, testamentary expenses and all inheritance taxes (whether such taxes may be payable by my estate or by any recipient of any property) shall be paid from my residuary estate as soon as practicable after my decease and as part of the administration of my estate. My Executor shall have no duty or obligation to obtain reimbursement for any such tax so paid, even though on proceeds of insurance or other property not passing under this Will. 2. I give my 1947 Indian motorcycle to Robin Markey, of Etters, Pennsylvania. 3. I give, devise and bequeath all the rest, residue and remainder of my estate, both real and personal property to my brother, EDWARD H. KING, absolutely. 4. I nominate, constitute and appoint my brother, EDWARD H. KING, a~ Executor of my estate. If he is unwilling or unable to serve, then I nominate, constitute and appoint my nephew, ROBERT E. KING, to serve in such capacity. 5. I direct that my Executor shall not be required to file a bond to secure the faithful performance of his duties in any jurisdiction. 6. I authorize and empower my Executor, or his successor, in his I sole and absolute discretion, to purchase or otherwise acquire and retain any investments of which I die seized or any real or personal property of any nature; to sell, lease, pledge, mortgage, transfer, exchange, ~~ [Initials] Page 1 of 3 Pages dispose of or grant options in regard to any or all property of any kind forming a part of my estate for such terms and such prices as he may deem advisable; to borrow money for any purposes connected with the protection and preservation of my estate; to mortgage or pledge any real or personal property forming a part of my estate or to j oin in or secure the p'~rtition of same; to compromise any claims or demands of my estate against others or of others against my estate; to make distribution in kind and to cause any share to be composed of cash, property or undivided fractional shares in property different in kind from any other share; tp employ agents, attorneys and proxies and to delegate to them such power as my Executor, or his successor, consider desirable and to pay reasonable compensation for such services as may be rendered by such agents, attorneys and proxies; and to execute and deliver such instrurtients as may be necessary to carry out any of these powers. In addition, I direct that my Executor, or his successor, shall have the power to conduct an inventory of any safe deposit boxy necessary to the administration of my estate. IN WITNESS WHEREOF I have hereunto set my hand and seal this ~~~ day of 2003. (SEAL) SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named Testator, as and for his Last Will and Testament, in the presence of us, who at his request, have hereunto subscribed our names as witnesses thereto, in the presence of the said Testator and of each other. ~L ~. u ~~c.. `/~~~~ll Page 2 of 3 Pages COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . SS. We, Lee V. King, No V. Otto III, and ~ (~ x'71 l'l G~ ~• ~ C~ ,the Testator and the witnesses, respectively, whose names aze signed to the foregoing instrument, being first duly sworn, do hereby declaze to the undersigned authority that the Testator sig~ied and executed the instrument as his last Will and that the Testator has signed willingly, and'that the Testator executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as a witness and that to the best ofhis/her knowledge the Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. Subscribed, sworn to and acknowledged before me by Lee V. King, the Testator, and subscribed and sworn to before me by No V. Otto III and U! • ~ r l Li ~.. (~ ~ ,the ~ 3'~'da of ~ , 2003. witnesses, this y Public . NOTAH~ ~ `: al CORRIi1~ 4 d1YEH:, ' .> ,~ CarNsk Bao, Cumc•< NOTARIAL S L CORRINE L. MYERS. Public Carlisle Boro. Cumber) Commission Expires 1A y 27.2 Page 3 of 3 Pages Witness /'~f'' ~~C.c,. - ~~..G•l n _ / Witness