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HomeMy WebLinkAbout12-08-10__ - .. DECEDENT'S ESTATE d a 0 rn COURT OF COMMON PLEAS OF ~ ~ CUMBERLAND COUNTY, PENNSYLVANIA ~~ ~ ORPHANS' COURT DIVISION ~~'~ _ -~ ~ o w ESTATE OF Paul Dillman ,DECEASED No. 21 - 08 - 01127 PETITION FOR ADJUDICATION / STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.C. RULE 6.9 This form maybe used in all cases involving the Audit of the Account of a Decedent's'Bstate. If space is insufficient, riders maybe attached. Attach the spouse's election, if any; the Ib~pers n3quired under items 8-19 inclusive; and.any instrument pertinent to the adjudication. INCLUDE ATTACHMENTS AT THE SACK OF THIS FORM. Name of Counsel: Supreme Court I.D. No. Name of Law Firm: Address: Debra K Wallet ~~~ ~, ;-~-, ~. ~_? : -~ c-. ~'~ ~`~ .~~ :c ~.~ ~ 23988 Law Offices of Debra K. Wallet 24 North 32nd Street Camp Hill, PA 17011 Telephone: 717/737-1300 Fax: 717/761-5319 E-mail walletdeb~aol.com Fonrr OC-0f Rey. ia~3zoos Copyright (c) 2008 form software ony The Lackner Group, Inc. P8g@ 1 of Estate of 1. Nan ~~ Ider Adjt Is tF 2. Dec Form OC-01 Rey r`~ 1 l~iS,.! LJ~.T~9~p I Paul Diflman ,Deceased ie(s) and address(es) of Petitioner(s): Betty M. Brubaker ~~ 1303 Kelton Road Camp Hill, PA 17011 tify any executors or administrators who have not joined in the Petition for idication and Statement of Proposed Distribution and Account and state reason: is the first accounting by this fiduciary? .......................................................................... ['~ Yes ~ c If not, identify prior accountings, the accounting periods covered, and the date of adjudication of the prior accounting. edent died on 11/8!2008 Letters Testamentary or ®Letters of Administration were granted to Petitioner($) on 11/1412008 Date of Will (~f applicable): Dates} of Codicil(s) (rf applicable): Date of probate (~f different from date Letters granted): Was a bond required? ~ Yes ®No If yes, state amount: Are proofs of advertising of the grant of Letters attached? .......................................... ~ Yes ~ N Dates of advertising of the grant of Letters: 2!1312009 2/18/2009 2/20/2009 2/25/2009 Z/27f2009 2009 . 10.13-2006 ~opyrigFH (c) 2008 Conn sotlware onl The Lackner y crap, mc. Page 2 of 0 PETIT{CAIN Ft~~ ~~3,Jl~~t~C,4T1~t~ Estate of Paul Dlltman , Deceased i 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? ......................................... C] Yes © No (See Section 2201 et sue. of the Probate, Estates and Fiducianes Code) If yes, date of election: 5. In the case of an intestacy, state the names of the decedents surviving children or surviving issue of deceased children (-f none, so state): none 6. Did the decedent marry after execution of Will or Codicil(s)? ............................................... ' ("~ Yes Were any children bom to decedent after execution of Will or Codicil(s)? ................................................................................................................ ' [] Yes 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 wpm OC-01 Rev. ~a~s-zoos co~ynp,c ~o~ zooa ram sonwere «,y me ~aacne~ Group, inc. Page 3 of _ _ - - ._ ,_ ~~~ ~ ~'~~ Estate of Paul Dillman , Dedeased 8. Written notice of the Audit as required by Pa. O.C. Rules 6.3, 6.7 and 6.8 has been or wiA be given to all parties in interest listed in item 9 below, aq unpaid creditors and all claimants listed in item 10 below. in addition, notice of ah~ 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 name 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 fist of the names aind~i 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. 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 Petitioners} 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 interests}: See attached schedule Form ~-0! Rev. 10-13-2006 ~cpyripFH (c) 2008 Corm soHware on The Ladmer y cra,P, inc. Page 4 of 0 r - ~'iETTIC~~V ~C)R ~DJtJ~I~AT'1 Estate of Paul Dittman , Deceased NerIN and Addep d Esch PMty Jn Intsraet !/ 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 Hof' kin of such party, giving the name, address and relationship of each. None ' C. State why a Petition for GuardianrTrustee Ad Lit`em has or has not 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 deceased party, state date of death, date and place of grant of Letters and type of Letters granted. ', Fam OC-0i r~e~. +a~~-zoos ~opy~ ~c) ZDOB form software ony The Lackner Group, inc. Page 5 of ~10 . _ _ _. ,. ,_ , ~(~( )( Bsneficiaries or Heirs (continuation of Question #i9A) Estate of Paul Dillman , Deberased Name and Address o/ Each Per(y /n Interest Re/aNonship and Comments, H any Interest Teens. Hittie Niece 1!5 of re~i~luary Estat 4571 Admire Rd. Thomasville, PA 17364 Ronald Crawford Nephew 1/10 of r~iduary (address unknown) Estate Joseph A. Magaro Nephew 1110 of r~s)duary 5144 Limewood St. Estate ', ' Knightsdale, NC 27545 Theodore Dillman Nephew 1/10 of res~duary 4276 N. 6th Street Estate' Harrisburg, PA 17110 Loretta Kiely Niece 1110 of rea~duary 1500 Woodcrest Ct. Estate ~ Hanlsburg, PA 17112 Karen B. Reynolds Niece 1/15 of re~i~duary HC62 Box 376 Estate Colica Rock, AZ 72518 ~, Craig Dillman Nephew I' 1/15 ofna~i~duary 175 West Road ~_._._ ~ '' e...._.._ r_u_ nT ne~ne Audrey D. Dillman Niece 1115 of re~i~luary 7322 Byeforde Ct. Estate Springfield, VA 22150 Betty M. Brubaker Sister 1!5 of resi~J~ary Estate 1303 Kelton Rd. Camp Hili, PA 17011 Form OC-01 Rev. 10.13-06 _ i __~ Estate of Psul Qiilman . 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 ants Atldiess of Eadi Claimant Amount of Clelm C7Wm Admdted? ~ NMI Claim ~ ®e Pak in FWI? I T Above Attachment Total ~~ 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 Was family exemption allowed? ........................................................................................... [] Yes Family exemption Gaimant's name and relationship: Name: Relationship: ~~ Fam OC-01 ae~. ~a~~-2aos co~my-n ~c~ zoos ram sonware oror n,e miner Droop, inc. Page 6 of Estate of Paul Dillman 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 lnteiest otioa~2oo9 z,5oo.00 08/07/2009 2,295.28 13. On the date of death, was the decedent a fiduciary (personal represen~tive, trustee, guardian, agent under power of attorney) or surety on the bond of a fiduciary? ................................................................. 0 Yes ® No If yes, provide the name of the estate, indicate whether an account has been filed and !, confirmed absolutely and all awards pertormed, or, in the alternative, how the decedent's estate will be discharged for the decedents 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: A Petition Regarding Service of Notice Upon Ronald Crawford and Rquesting 1 s~ructions for Payment to Missing Heir has been fried requesting Court instruction on ghMin~ hotlce to missing heir, Ronald Crawford, and on providing payment to him. B. Has notice of the question requiring adjudication been given to the parties identified in Paragraph 9 above? ............................................................. ~] Yes ~, 15. If Petitioner(s) has/have knowledge that a share has been assigned, renounced, disclaimied II or attached, provide a copy of the assignment, renunciation, disclaimer or attachment, together with any relevant supporting documentation. r-orm OC-01 Rey. ~a~~-coos ca>r~+~ (c~ zoos rom, sonware «xy Ths ~eckner Oroup, inc. Page 7 of 0 __ _ _r_, ~ ~I Estate of Paul Dlllman , Deceased 16. Had the decedent been adjudicated an incapacitated person? ............................................ ~ Yes ® No If yes, attach a copy of the Order if available; otherwise state Court, term, number, date, and name of Hearing Judge. 17. A. List or attach a separate list of additional receipts and disbursements since the closin~ date of the Account. fete DeadiPflon Amount None B. Has notice of the additional receipts and disbursements been given to the parries identified in Paragraph 9 above? .................................................... '' [] Yes ^X No 18. if a reserve is requested, state amount and purpose. AmowM: 3,177.00 P"'~°~ To provide for future payment to Ronald Crawford, if he can be lo~¢alted. If not, to his slbling, Joseph A. Magaro. 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 ® o If so, attach a copy of the notice. 19. Is the Court being asked to direct fili th f ~] Yes ® o e ng o a Schedule of Distribution? ................................................................................ As to real estate only? ......................................................:' ............................... ~] Yes ® o Form OG01 Rev. ~a~~-2°°e coPyr~~ tc> zoos rom, eonwere ony Tne i.ec~ cn~, inc. Page 8 o f 0 PET1Tlt3N FC?R AD.lUDlCATION Estate of Paul Diliman , Der$eased Wherefore, your Petitioner(s) ask(s) that distribution be awarded to the parties en it~ed and suggest(s) that the distributive shares of income and principal (residuary shares bein~ ;#tated in proportions, not amounts) are as #ollows: A. Income: Propwea obtrieutee(a) Amount PiopwNw~ B. Principal: IioPcasdDl~tsefs) Amount ProporBon See attached schedule Submitted By: (All petitioners must sign. Add additional lines if necessary): ~ ~ . ct3 Name Petitioner: Betty M. Brubaker i Name of Petitioner:" I Name of Petitioner: i corm OC-01 Rw. ~a~szooe copyApM (e) 2o0e torm sortwero ordy rna ~ Droop, ina ~ Page 9 of ~ ) ~) Estate of Paul Dillman , Deceased Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that na~ane she is rye of the above-named narnecrcorpaallon Estate of Paul DiNman and] that the ants set forth in the foregoing Petition for Adjudication /Statement of Proposed Distribution wF~idh are within the personal knowledge of the Petitioner are true, and as to facts based on tlhe', information of others, the Petitioner, after diligent inquiry, believes them to be true; bn~ that any false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 (relati ~ to unswom falsification to authorities). of Petitioner Betty Signature of Petitbner * Co-po-ate pedtlonera moat complete bn~cketed Infoimatfon. Certification of Counsel The undersigned counsel hereby certifies that the foregoing Petition for Adjudica 'an/ Statement of Proposed Distribution is a true and accurate reproduction of the form Pet~tio authorized by the Supreme Court, and that no changes to the form have been made bey nd the responses herein. Signature of Counsel for Petitioner Debra K Wallet '~' Fam t)C-01 Rev. 10.19-2006 Copyright (c) 2006 Corm aoMrare onty The Lackner Group, Ine. P89e 1 U 10 _, . _ T P~T'1T~N t3~ AC~JUGI~AT`It~~ Proposed Distributions of Principal (continuation of Page 8) Estate of Paul Diliman , DeQeased B. Principal: Proposed Dis6ibutee(s) ' Amount Proportion Teena Hittie 6.354.00 1/5 Ronald Crawford 3,177.00 1110 Joseph A. Magaro 3.177.00 1H0 Theodore Dillman 3.177.00 1/10 Loretta Kiely 3.177.00 1/10 Karen B. Reynolds 2,118.00 1/15 Craig Diliman 2.118.00 1/15 Audrey D. Dillman 2,118.00 1115 Betty M. Brubaker 6.354.01 1/5 For-n OC-01 Rev. 1013-OB __ 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 th ~ County and State aforesaid, being duly sworn, according to law, deposes and says that the C blerland La Journal, a legal periodical published in the Borough of Cazlisle in the County and tote aforesai was established January 2, 1952, and designated by the local courts as the official l~e~al periodical for the publication of all legal notices, and has, since January 2, 1952, b~~n 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 Cumb~jland Law Journal on the following dates, viz: February 13, February 20 and February 27, 2009 Affiant further deposes that he is authorized to verify this statement by the tl;t~mberland Law Journal, a legal periodical of general circulation, and that he is not interested ~ the subject matter of the aforesaid notice or advertisement, and that all allegations in the foreggixlg statements as to time, place and character of publication aze true. ', isa Marie Coyne, Edit r Dillman, Pahl, deed. Late of Cumberland County. Administratri~ Betty M. Brubak- er. Attorney: Debra K. Wallet, Es- quire, 24 North 32nd Street, Camp Hill, PA 17011. SWORN TO AND SUBSCRIBED befoxe Ime this 27 day of February, 2009 f Notary NOTARIAL SEAL DEBORAH A COIUNS Notary Public CARLISLE 80R0, CUMBERLAND CCbU~JTY My Commission Expires Apr 2$, 2,010 The F'atri~t-News Co. ' 1 `' 20fl9 812 Market St. Q ~ 1O ~ws Harrisburg, PA 17101 ~pW yo know Inquiries - 717-255-8213 WALLET 24 N. 32ND STREET CAMP HILL 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 exi~tin~ ,under the la s of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the Ci of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and T ,Sunday Pat ' t-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, Cown and State of resaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18 , 1949, res 'vely, 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 t eir regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That ne{ther he more said Compan is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this jstatement as o 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 tQ vrerify this s tement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed 8~G adopted sev rally by the stockholders and board of directors of the said Company and subsequently duly recorded in the ofRcE~ fdr the Recordi g of Deeds in and for said County of Dauphin in Miscellaneous Book °M", Volume 14, Page 317. PUBLICATION COPY This ad # 0001948249 ................ ~...,.,,..~ ..,..~-.~ ..-~~..a ,..r ... . ran on the dates shawt~ below: February 8, 2009 February 5, 2009 March 04, 2009 before me th s 0 da ' f arch, X009 A.D. :. C~.._-_ -~1-.~~_ Notary Public co~oniw~-~TH_ oF_PE~ws~nvarvw f~~9, ~~ camq~ AM Commlaion ~ Nar. 201 ~ i Member, Psnneylvanh A»odaUon ~ Nodules IN RE: PAUL DILLMAN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENI~iSYLVA; LATE OF CAMP HILL, PENNSYLVANIA ORPHANS' COURT DIVISION DECEASED #2008-01127 _. NOTICE TO BENEFICIARIES WHO ARE AFFECTED BY THE BALANCE IN THE ACCOUNT Herewith is a copy of the account of Betty M. Brubaker, Administratrix o~'t~e Estate o Paul Dillman. The original of the enclosed account was filed in the office of the Clerk of the Orphans Court of Cumberland County and will be called for audit on January 11, 2011 at 51:40 a.m. in ~'~ the Orphans' Court Division of the Court of Common Pleas of Cumberland Count, 1 Courthouse Square, Carlisle, PA 17013. ', If, after reviewing the account you have any questions, we will be pleased ~o answer them. You may attend the audit if you desire, but, it will not be necessary for yowl to do so. If you have any objection. to any transaction shown in the account or omitted' from the account you must file with the Clerk of the Orphans' Court Division objections th~reto in writing in conformity to the Cumberland County Orphans' Court Division Rules p$~iar to audit, or appear in person or by counsel and present your written objections to the court ~t audit. In absence of written objections, the court may assume you have no objection to the ~cCOUnt. Debra K. Wallet, Esq. 24 North 32'~ Street Camp Hill, PA 17011 (717) 737-1300 IN RE: PAUL DILLMAN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PEN1NSYLV LATE OF CAMP HILL, . PENNSYLVANIA . ORPHANS' COURT DIVISION DECEASED #2008-01127 NOTICE OF FILING ACCOUNT NOTICE IS HEREBY GIVEN, that BETTY M. BRUBAKER, ADMIIVI$TRATRI~ for the ESTATE OF PAUL DILLMAN, DECEASED, has this date filed her Fu1st and Final Account in the above-captioned Estate in the Office of the Register of Wills in aid' for Cumberland County, Pennsylvania, where the same is filed as public record and ~njay be inspected. Enclosed herewith is a copy of the First and Final Account as filed. YOU ARE FURTHER notified that any exceptions or objections to said ~1~count mu be filed in writing at the Office of the Clerks of the Orphans' Court in and for Cu~berland County, Pennsylvania, not later than the audit day of said Account scheduled as s~t forth below. UNLESS written exceptions or objections are filed thereto, said Account ~jvi~l be presented to the above-captioned Court on January 11, 2011 at 9:00 a.m., at whic~''time said Account will be audited. Date of Notice: December 8, 2010 Betty M. Brubaker, Administratrix ', Estate of Paul Dilhnan 1303 Kelton Road Camp Hill, PA 17011