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HomeMy WebLinkAbout03-14-11 DECEDENT'S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF FRANCES M JAMES ,DECEASED No. 21-10-0696 PETITION FOR ADJUDICATION / `'~'~.~/ • ., _, .T_ r--~ ._... rn _ - STATEMENT OF PROPOSED DISTRIBUTION ,~ ~ _T .~ PURSUANT TO Pa. O.C. Rule 6.9 , _~ r-, ~-~ -, ~ . ~, `7 ~~-- -: ~,-~ `.. ,v'~ ~ a rr. This form may be used in all cases involving the Audit of the Account of a Decedent's Estates ~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. INCL UDE ATTACHMENTS AT THE BACK OF THIS FORM. Name of Counsel: Gregory J. Katshir, Esquire Supreme Court I.D. No.: 61967 Name of Law Firm: Law Office of Gregory J. Katshir Address: 900 Market Street Lemoyne PA 17043 Telephone: (717) 763-8133 Fax: 717 763-9425 Page 1 of 10 Dorm OC-01 rer. 10.13.OC Estate of FRANCES M JAMES 1. Name(s) and address(es) of Petitioner(s): rvanre: John James Address: 10 Diane Court York Haven PA 17370 . Deceased Identify any executors or administrators who have not joined in the Petition for Adjudication and Statement of Proposed Distribution and state reason: is this the first accounting by this fiduciary? ..................... ~ Yes ~ No If not, identify prior accountings, the accounting periods covered, and the date of adjudication ofthe prior accounting. 2. Decedent died on July l , 2010 0 Letters Testamentary or Letters of Administration were granted to Petitioner(s) on Julv 12.2010 Date of Will (if applicable): December 19, 2006 Date(s) of Codicil(s) (if~applicable): 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 July, 23, 30, Aug. 6, 2010 Cumberland law Journal July 23, 30 August 6, 2010 Page 2 of 10 Date of probate (if different from date Letters granted): Form OC-0 / rer. l 0.13.06 Estate of FRANCES M JAMES 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 Fidarciaries 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): N/A 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 o f 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 ~ Yes ~ No the Department of Public Welfare? ............................. . Page 3 of 10 Fnrrn OC-Ol rev. 10.13.06 Estate of FRANCES M JAMES Deceased 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 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. List all parties (charitable and non-charitable) of whom Petitioner(s) has/have notice o-• 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): Name and Address of Each Pargr in Interest ~ Relationship and Ralph James son 3814 Centerfield Harrisburg PA 17109 Dan James and Mike James son -son 250 N. Professor Oberlin OH 44074 Interest 1 /4 remainder 1 /4 remainder 1 /4 remainder Page 4 of 10 hbr•nr OC-01 rec. l D. l 3.06 Estate of FRANCES M JAMES ,Deceased Address o(Each Party in Interest I Relationship and John James son 1 /4 remainder 10 Diane Ct York Haven PA 17370 Christ Community Church charity 10% residuary 1201 Slate Hill Road Camp Hill PA 1701 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. 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.x). 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. Page 5 of 10 Fnrni OC-01 re~•. 10.13.06 Estate of FRANCES M JAMES ,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. Name and Address of Each Claimant Amount ojCJaim Gatm Wiil CJarnr Admitted? Be Paid In Full? Yes ~ Yes ~No ~ No Yes ~ Yes ~No 0 No Yes ~ Yes ONo ~No 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? ................................ DYes ^No Family exemption claimant's name and relationship: N"anre: F"ar~m oc-nJ re,-. tn.l3.nn Relations{rip: Page 6 of 10 Estate of FRANCES M JAMES 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 hueresl September 30, 2010 5,277.92 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: None B. Has notice of the question requiring adjudication been given to the parties identified in Paragraph 9 above? Yes 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. Page 7 of 10 Form OC-01 rer. 10.13.06 Estate of FRANCES M JAMES 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. NONE B. Has notice of the additional receipts and disbursements been given to the parties identified in Paragraph 9 above? ............. DYes ~ No 18. If a reserve is requested, state amount and purpose. Anzozrnz: Pm•pose: 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 Yes ~No the filing of a Schedule of Distribution? ......................... . As to real estate only? ........................................ Yes ~No Page 8 of ] 0 Farm OC-0l rer. 10.13.06 Estate of FRANCES M JAMES 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 Disn•ibatee(s1 B. Principal: Proposed Disu•ibutee(s) Christ Community Church Ralph James ,Dan James John James, Michael James AmounNProportion Amount/Proportion 10% of residuary $29,606.10 each $29,606.10 each Submitted By: (All petitioners must sign. Add additional lines if necessary): N e of Petiti r: John James Name of Petitioner: Page 9 of 10 F'a'te OGO1 rer. 10.13.06 Estate of FRANCES M JAMES .Deceased Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies X [that ~re;.rhe he is rule executor of the above-named nnnre of corporation Estate of Frances M James 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). ~• Si ture of Pet' i ner * 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 beyond the responses herein. ~"~ ~ ~ 1 Signature of ~bunsel for Petitioner F~o,~,~r nc-or re,~. io.~3.06 Page 10 of 10 R~~®1\Y T• KATSHIR Attorney at La~.^.~ March 2, 2011 Heirs of the Estate of Frances M James Dear Heirs The First and Final Account of the Estate of Frances M James has or will be f;.led with the Clerk of the Orphans' Court, Cumberland County on or before 1~larch 25, 2011. It will be scheduled for audit before the Court, on April '~6, ZOll in the Cumberland County Courthouse. Any person who objects to the account or statement of proposed distribution, or both, must file a written objection by not latex• than 900 a.m. prevailing time of the date fixed for confirmation unless otherwise permitted by the Court prior to confirmation. A copy of the Objection shall be served on the accountant's attorney. If you fail to do so, the Court will otherwise assume that no objections exist or that any objections have been waived. If Sou do have any objections, please let me know as soon as possible. No unresolved claims exist. I have enclosed a copy of the Account. and copy of the Notice of Acceptance from the Department of Revenue. If you have any questions, please feel free to contact me. Very truly you s, ~ ~; f~~ {~ r ;_,,~ ~~,\\: , '°---'` ~ Gregory J. Katshir Sent to with enclosures Christ Community Church, John James, l~~Iichael James, Ralph James, Dan James 900 Market Street Lemoyne, Pennsylvania 17043 (717) 763-8133 Fax (717) 763-9425 CERTIFICATION OF SERVICE I hereby certify that written notice of served upon the following via First Class mail, ;~ty~~~ postage prepaid as follows: Ralph James Dan James 3814 Centerfield 250 N Professor Harrisburg PA 17109 Oberlin OH 44074 John James 10 Diane Court Etters PA 17370 Christ Community Church 1201 Slate Hill Road Camp Hi11 PA 17011 Michael James 250 N Professor Oberlin OH 44074 the Audit was on Chief, Charitable Trusts and Organizations Section Office of Attorney General 14th Floor Strawberry Square Harrisburg PA 17120 Dc""?ARTh9ENT OF Reb'ENUE V ~ - V ^'V,^ BUREAU OP INDIVICUA~ TAXES CEnL 23U60t n ARRISBURG, PA 17123-06C1 RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT NO. CD 013431 JAMES JOHN F 10 DIANE COURT YORK HAVEN, PA 17370 ~ ESTATE INFORMATION: ssrv: o26-~n-ssn !FILE NUMBER: 21 10-0696 DECEDENT NAME: JAMES FRANCES M DATE OF PAYMENT: 09/30/2010 POSTMARK DATE: 09/30/2010 ~ couNTY: CUMBERLAND I DATE OF DEATH: 07/01 /2010 REMARKS: RECEIPT TO ATTY CHECK#111 SEAL ACN ASSESSMENT AMOUNT CONTROL NUMBER 101 ~ $5,277.92 REV-11fi2 EX(11-g6i TOTAL AMOUNT PAID: INITIALS: CJ RECEIVED BY: 55,277.92 GLENDA EARNER STRASBAUGH REGISTER OF WILLS TAXPAYER