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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