HomeMy WebLinkAbout11-12-10DECEDENT'S ESTATE
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
ESTATE OF WILLIAM C. WILSON
No. 21-09-0271
n
`° ~
Q:? -L7
DECEASED ~ ~
T ~~
.-' G/~
~' ~ z'1
c,;
~~
-~-,
PETITION FOR ADJUDICATION /
STATEMENT OF PROPOSED DISTRIBUTION
PURSUANT TO Pa. O.C. Rule 6.9
N
a
0
~C
O
r\?
a~.
r.~
~~
c.'~t
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 ATTACHMENTS AT THE BACK OF THIS FORM.
Name of Counsel: Lisa Marie Coyne, Esq.
Supreme Court I.D. No.: 53788
Name of Law Firm: Coyne & Coyne, P.C.
Address: 3901 Market Street, Camp Hill, PA 17011
Telephone: (717)737-0464
Fax: (7 1 7173 7-5 1 6 1
Form OGO/ rev. 10.13.06
Page 1 of 10
v ~ ~:-~
~ ._;
f :,.,, ~..~ 7
4_ _~
~,
__r
~=
~.• ~ C"~
--~- ;
Estate of William C. Wilson
1. Name(s) and address(es) of Petitioner(s):
Name: Kenneth E. Wilson
address: 429 Hogestown Road
Mechanicsburg, PA 17050
Identify any executors or administrators who have not joined in the Petition for
Adjudication and Statement of Proposed Distribution and state reason:
None
Deceased
Is this the first accounting by this fiduciary? ..................... ~ Yes ^ No
If not, identify prior accountings, the accounting periods covered, and the date of
adjudication of the prior accounting.
2. Decedent died on 01/05/2009
Letters Testamentary or ~ Letters of Administration were granted to Petitioner(s) on
03/20/2009
Date of Will (f applicable): N/A
Date(s) of Codicil(s) (f applicable): N/A
Date of probate (different 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?
......... ~ Yes ~ No
Dates of advertising of the grant of Letters: patriot News: 4/8/09, 4/15/09, 4/22/09
Cumberland Law Journal: 4/3/09, 4/10/09, 4/17/09 (Exhibit "A"
Form OGO/ rev. 10.13.06 Page 2 of 10
Estate of WILLIAM C. WILSON
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 children or
surviving issue of deceased children (if none, so state):
none
6. Did decedent marry after execution of Will or Codicil(s)? ........... ~ Yes m 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 William C. Wilson
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 leas 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 or 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):
and Address of Each Parry in Interest I Relationship and Comments, ifanv I /nterest
SEE ATTACHED SCHEDULE
FOR ALL INTESTATE HEIRS
(Exhibit "13")
Form OG01 rev. /0./3.06 Page 4 of 10
Estate of WILLIAM C. WILSON
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.
N/A
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 OG01 rev. 10.13.06 Page 5 of 10
Estate of William C. Wilson ,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.
Ncrwe and Address of Each Claimant Amount of Claim Claim Will Clninr
Admitted? Be Paid hr
Full?
Department of Public Welfare Class 3 claim: Yes ~ Yes
Division of Third Party Liability $32,171.31 ~No ~ No
P.O. Box 8486
Harrisburg, PA 17105-8486
Department of Public Welfare Class 5.1 Wes
No ~ Yes
~ No
Division of Third Party Liability claim:
P.O. Box 8486 $270,427.07
Harrisburg, PA 17105-8486
Kenneth E. Wilson $8,000.00 Yes Yes
Plumbing repairs, taxes and window No No
repairs to property in which Decedent
was a joint owner.
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: N/A Rerat;onship: N/A
Fo,m oc-o/ rev. /0.13.06 Page 6 of 10
Estate of William C. Wilson
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 /nterest
None: Insolvent Estate
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, 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:
N/A
B. Has notice of the question requiring adjudication been given
to the parties identified in Paragraph 9 above? .................. ~ Yes ~ No
15. If Petitioner(s) leas/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. /0.13.06 Page 7 of 10
Estate of WILLIAM C. WILSON ,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.
Court of Common Pleas of Cumberland Co., Dk. No. 21-04-0781, Hon. Kevin Hess ~~ x ~ ~ (, i }~ ~('
17. A. List or attach a separate list of additional receipts and disbursements since 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? ............. 0 Yes ~ No
18. If a reserve is requested, state amount and purpose.
Amount: 2''~~~'~~
rurpose: For any additional filing fees and expenses, such as a final fiduciary return.
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? ........................................ DYes mNo
If so, attach a copy of the notice.
19. Is the Court being asked to direct
the filing of a Schedule of Distribution? .......................... Yes 0 No
As to real estate only? ........................................ Yes ~ No
Form OC-01 rev. 10.13.06 Page 8 of 10
Estate of WILLIAM C. WILSON
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: S ~. a ~~ ~ ~ ti Y ~ ` ~ n ``
A. Income:
Proposed Distributee(s)
none
B. Principal:
Proposed Distributee(s)
Department of Public Welfare, Class 3 claim
Coyne & Coyne, P.C.
Kenneth E. Wilson
Amount/Proportion
Amount/Proportion
$23,918.53
$4000.00
$2000.00
Submitted By:
(All petitioners must sign.
Add additional lines if necessary):
~a ' ~
Name of Petitioner: Kenneth E. Wilson
Name of Petitioner:
Form OG01 rev. !0.13.06 Page 9 of 10
The, Aatriot-News Co.
8'~ 2 Market St.
Harrisburg, PA 17101
Inquiries. - 717-255-8213
COYNE & COYNE
ATTN: LISA MARIE COYNE
3901 MARKET STREET
CAMP HILL
cue
PA 17011
-..,_
THE PATRIOT NEWS
THE SUNDAY PATRIOT-NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Joseph A. Dennison, being duly,sworn according to law, deposes and says;
That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of
Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News
newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that
The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and
all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as .printed and published in their regular
daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is
interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement-as to the time,
place and character of publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a-resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
i'UBL.ICATION COPY This ad # 0001962946 ran ~n the dates shown below:
April 08, 2009
April 15, 2009
April 22, 2009
Swo d subscribed before me this 24 day of April, 2009 A. D.
Not~ry' P
OOfv1MONWEALTH OF PENNSYL\-!r^~NFA
Notarial Seal
Sarah J. Nau~e, Notary p
AA ower Paxton Twp'' paw, CotmtY
y Commis,~ion Fw~ires Apn7 20, 2011
--.._.:c - .. .
aS..,C'at3~.n of ~1~,..-
~latriot News
Now you know
~ ~ r~
~x ti ~ !~ ~+
l
C~C~ONII~ ,',.
~2z~ D~
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:
April3 April 10 and April 17 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 time, place and character of publication are true.
Marie Coyne, Editor,
Wilson, William C., deed.
Late of the Township of Middle-
sex. ~
Administrator: Kenneth E. Wilson
c/o Lisa Marie Coyne, Esquire,
Coyne & Coyne, P.C., 3901 Market
Street, Camp Hill, PA 17011-
4227.
Attorneys: Lisa Marie Coyne, Es-
quire, Coyne ~ Coyne, P.C., 3901
Market Street, Camp Hill, PA
17011-4227.
SWORN TO AND SUBSCRIBED before me this
17 day of April, 2009
Notary
NO
DEBORfiH A COLUNS
Pdotary Pubtic
CARLISLE BORO, CUMBERLgND COUNTY
My Commission Expires
-,`...,,,~,,,; Apr 28, 2010
`~ ~ 2
SCHEDULE OF INTESTATE HEIRS OF
THE ESTATE OF WILLIAM C. WILSON
Name and Address
Mr. Kenneth E. Wilson
429 Hogestown Road
Mechanicsburg, PA 17050
Mr. Norman R. Stoner
110 Turtle Ridge Road
Shermans Dale, PA 17090
Ms. Margaret E. Evans
63 Santa Monica Avenue
Carlisle, PA 17015
Mr. Kenneth E. Stoner
# 1 Sunset Circle
Mechanicsburg, PA 17055
Mr. Earl T. Wilson, II
711 Barbara Street
New Cumberland, PA 17070
Ms. Barbara A. Bottiglier
1771 Miller Road
Dauphin, PA 17018
Ms. Donna M. Robinson
6504 Devonshire Heights Road
Harrisburg, PA 17111
Relationship Interest
brother 25% of residual estate
nephew 8.33% of residual estate
niece 8.33% of residual estate
nephew 8.33% of residual estate
nephew 25% of residual estate
niece 3.6% of residual estate
niece 3.6% of residual estate
/~ Z
Mr. Jeff Potteiger
5880 Mimosa Street
Harrisburg, PA 17112
Mr. Edward Potteiger
2120 Sauers Road
Harrisburg, PA 17110
Ms. Brenda K. Traister
183 Run Valley Road
Conestoga, PA 17516
Mr. Vaughn Potteiger
6003 Jacobs Avenue
Harrisburg, PA 17112
Mr. Steve Potteiger
1177 Powells Valley Road
Halifax, PA 17032
nephew 3.6% of residual estate
nephew 3.6% of residual estate
niece 3.6% of residual estate
nephew 3.6% of residual estate
nephew 3.6% of residual estate
2~Z
IN RE: WILLIAM C. WILSON
ALLEGED INCAPACITATED
PERSON
:COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
ORPHAN COURT DIVISION
ORDER
AND NOW, this ~' day of uoy~.b~
2004, it is ordered and decreed that William C. Wilson is found to be
incapacitated under Pa. Statute 20 Pa. C.S. §5501 et seq. Kenneth E.
P~~,a.-y ~~•a..
Wilson is appointed ~E;+ansfTtp of his Estate and of his Person.
~l~
J.
LAW OFFICES OF
STEPHEN J. HOGG
19 S. HANOVER STREET
SUITE 101
CARLISLE, PA 17013
!~ TRUE COPY FROM RECORD
In Testimony Hrherof, !hereunto
set my hand and the seal
of said Court at Carlisle, PA
This ~~"day of~~~20~-
of the Orphans Court
Cumberland Coun
E Xf~t/I$iT "~ ..
A B C D
41
__ __
42 - -
Schedule of Proposed Final Distribution
s To:
43
44 Coyne & Coyne, P.C. -Attorney's Fees $4,000.00
45 Kenneth E. Wilson -Personal Representative Commission $2,000.00
46 'Reserves for filing fees and expenses _ $2,000.00
47 DPW Class 3 Claim $32 171.31 $20,185.38
48 ;DPW Class 5.1 Claim (unsecured) $270,427.0
7 $0.00.
49 _
_
iKenneth E. Wilson-- Claim for Repairs $8,000.00 ___
- ---
I $0.00
50 !Norman Stoner, Nephew $0.00
51 -i--- _ - - --- --
'Margaret E. Evans, Niece ~--- -_. - _.
$0.00,
52
-_
;Kenneth E. Stoner, Ne hew
p
__
----$0.00 ---
53
'~ Earl T. Wilson, Nephew - _. _- _-_
$0.00
54 '~ Donna M. Robinson, Niece
_ _ $0.00
55 Jeff Potteiger, Nephew - $0.00
56 Edward Potteiger, Nephew
- -- $0.00
57 ',Brenda L. Traister, Niece $0.00
58 - _-
',Vaughn Potteiger, Nephew
__ .
$0.00
59 I Steve Potteiger, Nephew
- - - -- $0.00'
60 'Barbara A. Bottiglier, Niece
1 $0.00
61 - _ -
-
- _ __
62 Total Distribution
~ I $28,185.38'
- - __-
---
--
_ --- - -
-
Estate of WILLIAM C. WILSON ,Deceased
Verification of Petitioner
(Verification must be by at least one petitioner.)
The undersigned hereby verifies * [that he/she he is rare Administrator
of the above-named name of corporation Estate of William C. Wilson 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).
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 foam have been made beyond the
responses herein.
S gnatu a of Counsel for Petitio r
Form OC-0/ rev. 10.13.06 Page 10 of 10
CERTIFICATE OF SERVICE
I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the
foregoing Notice of Confirmation of Account and First and Final Account and Schedule of Distribution
was served this date upon the below-referenced individuals at the below listed address by way of first
class mail, postage pre-paid:
Kenneth E. Wilson
429 Hogestown Road
Mechanicsburg, PA 17050
Jeff Potteiger
5880 Mimosa Street
Harrisburg, PA 17122
Edward Potteiger
2120 Sauers Road
Harrisburg, PA 17110
Brenda L. Traister
183 Run Valley Road
Conestoga, PA 17516
Vaughn Potteiger
6003 Jacobs Avenue
Harrisburg, PA 17122
Steve Potteiger
1177 Powells Valley Road
Halifax, PA 1703
Department of Public Welfare
Division of Third Party Liability
Estate Recovery Program
ATTN: Kelly J. Chestnut, Agent
P.O. Box 8486
Harrisburg, PA 17105-8486
Norman R. Stoner
110 Turtle Ridge Road
Shermans Dale, PA 17090
Margaret E. Evans
63 Santa Monica Avenue
Carlisle, PA 17015
Kenneth E. Stoner
No. 1 Sunset Circle
Mechanicsburg, PA 17055
Earl T. Wilson, II
711 Barbara Street
New Cumberland, PA 17070
Barbara A. Bottiglier
1771 Miller Road
Dauphin, PA 17018
Donna M. Robinson
6504 Devonshire Heights Road
Harrisburg, PA 17111
Dated: /~1/~ Ll, ?,01 U
Lisa Coyne, Esquire
3901 arket Street
Camp Hill, PA 1 70 1 1-4227
(717) 737-0464