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HomeMy WebLinkAbout03-25-11DECEDENT'S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF EVELYN M. WELKER ,DECEASED No. 2010-00426 PETITION FOR ADJUDICATION / STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.C. Rule 6.9 /~1 k.. ter. .. v.. _~) .- , _.~ _ .. ` ` ~ C'~ ,~~ _; .. ~ ~ ~.. ..~ ~ ~ c' ~ r~ '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. INCL UDE A TTACHMENTS A T THE BACK OF THIS FORM. Name of Counsel: THOMAS E. FLOWER Supreme Court I.D. No.: $3993 Name of Law Firm: FLOWER LAW, LLC Address: 10 W. HIGH ST. Telephone: 717-243-5513 Fax: 717-241-4021 Form OC-01 rev. 10.13.06 Page 1 Of 10 Estate of EVELYN M. WELKER 1. Name(s) and address(es) of Petitioner(s): Name: LARRY L. WELKER Address: 5395 RIVENDALE BLVD. MECHANICSBURG, PA 17050 Deceased Identify any executors or administrators who have not joined in the Petition for Adjudication and Statement of Proposed Distribution and state reason: NONE 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 FEBRUARY 28, 2010 Letters Testamentary or Letters of Administration were granted to Petitioner(s) on APRIL 22.2010 Date of Will (if applicable): N/A Date(s) of Codicil(s) (if applicable): N/A Date of probate (if 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: FiR~T C'(ZMPI .F.TF~ (1R/i ~/~~I ~ Form OGO/ rev. 10.13.06 Page 2 of 10 Estate of EVELYN M. WELKER 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 (f none, so state): NONE 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)? ........................................... ® es ®No Y 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. l0.13.06 Page 3 of l 0 Estate of EVELYN M. WELKER 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 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 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): Name and Address of Each Party to Interest and lnterest LARRY L. WELKER SON 5395 RIVENDALE BLVD MECHANICSBUR , PA 17050 NONE- INSOLVENT ESTATE Form OC-01 rev. 10.13.06 Page 4 of 10 Estate of EVELYN M. WELDER 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. NONE C. State why a Petition for Guardian/Trustee Ad Litem has or has not been filed for this Audit (see Pa. D.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 OC-01 rev. 10.13.06 Page S Of I O Estate of EVELYN M. WELKER 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 ojClaim Claim Admitted? Will Claim Be Paid In Full? ESTATE RECOVERY PROGRAM $ 58,930.74 Yes No Yes No PA DEPT OF PUBLIC WELFARE HARRISBURG, PA 17105-8486 Yes ~ Yes No No Yes ~ Yes No 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? ................................ Yes No Family exemption claimant's name and relationship: Name: Relationship.• Form oc-o1 rev. 10.13.06 Page 6 of 10 Estate of EVELYN M. WELKER 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 Interest ~.~~ 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. Form OC-01 rev. 1 D.13.06 Page ~ Of 1 Q Estate of EVELYN M. WELKER 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? ............. Yes No 18. If a reserve is requested, state amount and purpose. Amount.' Purpose: NONE 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 Form OC-01 rev. l 0.13.06 Page 8 of 10 Estate of EVELYN M. WELKER ,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 NONE B. Principal: Proposed Distributee(s) NONE Amount/Proportion Submitted By: (All petitioners must sign. Add additional lines if necessary): Name of Petitioner: LARRY L. WELKER Name of Petitioner: Form OC-01 re>>. 10.13.06 Page 9 of 10 Estate of EVELYN M. WELKER Verification of Petitioner (Verification must be by at least one petitioner.) Deceased The undersigned hereby verifies * [that heishe is r;rle of the above-named name of corporation 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 form have been made beyond the responses herein. Signature of Counsel for Petitioner Form OC-o/ rev. 10.13.06 Page 10 of 10 FLOWER LAW, LLC 10 W. HIGH STREET CARLISLE, PA 17013 James D. Flower, Jr. Thomas E. Flower PHONE: (717) 243-5513 FACSIMILE: (717) 241-4021 March 23, 2011 Ms. Barbara E. Witmer Claims Investigation Agent Pa. Dept. of Public Welfare Estate Recovery Program P.O. Box 8486 Harrisburg, PA 17105-8486 Re: Evelyn M. Welker Estate CIS # X20212071 Cumberland County Estate No. 2010-00426 Dear Ms. Witmer: The First and Final Account of Larry L. Welker, Administrator of the above-mentioned estate will be filed for Audit with the Orphans' Court Division of Cumberland County Court of Common Pleas, no later than March 25, 2011. The Account will be presented for audit and confirmation on Apri126, 2011, at 9:30 a.m. If no objection is raised at the time of audit, the Court will confirm the account. A copy of the account and petition for adjudication is enclosed. In addition, you will find enclosed the estate's check in payment of a portion of the DPW's claim, in the amount of $4,525.48. Very truly yours, FLOWER LAW, LLC ~~ Thomas E. Flower PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tames Kleinklaus, Director of Sales and Marketing, 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, was established December 13~, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): May 7, May 14 and May 21, 2010 COPY OF NOTICE OF PUBLICATION E TATE N TI E Letters of Administration in the Estate of EVELYN WELKER, late of Cumberland County, Pennsylvania, deceased, have been granted to the undersigned. All persons knowing themselves to be indebted to said Estate will make payment immediately and those having claims will present them for settlement to: Larry Welker, Administrator c/o Thomas E. Flower, Esquire SAIDIS, FLOWER & LINDSAY 2109 Market Street Camp Hill, PA 17011 (717)737-3405 Thomas E. Flower, Esquire SAIDIS, FLOWER & LINDSAY 2109 Market Street Camp Hill, PA 17011 Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this th ~ I Notary Public My commission expires: NOTARIAL SEAL 8AMg1 ANN HECKENOOAN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY My Commission Expires Jan 27, 2014 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 .Iournal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland L_aw 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: August 13, August 20 and August 27 , 2010 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. L s Marie Coyne, Edit SWORN TO AND SUBSCRIBED before me this 27 day of August, 2010 Notary Welker, Evelyn, deed. Late of Cumberland County. Administrator: Larry Welker c/o Thomas E. Flower, Esquire, Flow- er Law, LLC, 10 W. High Street, Carlisle, PA 17013. Attorneys: Thomas E. Flower, Esquire, Flower Law, LLC, 10 W. High Street, Carlisle, PA 17013, (717) 243-5513. NOTARIAL SEAL DEBORAH A COLLINS Notary Public CAR!{S!E BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014