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HomeMy WebLinkAbout05-31-11 rya ~ . . ~'t C 7 DECEDENT'S ESTATE ~ ~ X 4 . ,,,_.q COURT OF COMMON PLEAS OF ~ ~ w Cumberland COUNTY, PENNSYLVANIA = ~ ~;,i'~' v ORPHANS' COURT DIVISION ~ ESTATE OF Mary Ann McHale ,DECEASED No. PETITION FOR ADJUDICATION / STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.C. Rule This form may be used in all cases involving the Audit of the Account of a Decedent's Estate. If space is insuj~cient, riders may be attached. Attach the spouse's election, if any; the papers required under items inclusive; and any instrument pertinent to the adjudication. INCL UDE A TTACHMENTS AT THE BACK OF THIS FORM. Name of Counsel: Robert D. Katzenmoyer, Esquire Supreme Court I.D. No.: Name of Law Firm: Same Address: Perkiomen Avenue, Reading, PA 1 X606 Telephone: Fax: Form OC-01 rev. Page 1 of Estate of ,Deceased Name(s) and address(es) of Petitioner(s): Name: John M. McHale,Executor Address: Gladwyn Drive Reading, PA 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? Q Yes No If not, identify prior accountings, the accounting periods covered, and the date of adjudication of the prior accounting. Decedent died on June © Letters Testamentary or ? Letters of Administration were granted to Petitioner(s) on June Date of Will (if applicable): October Date(s) of Codicil(s) (f applicable): Date of probate (if 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 No Dates of advertising of the grant of Letters: August August August August September & September Form oc-ol rev. Page 2 of Estate of Mary Ann McHale ,Deceased Was decedent survived by a spouse? [JYes No If yes, name of the surviving spouse: Has the surviving spouse filed to take an elective share? ?Yes No (See Section et sue. of the Probate, Estates and Fiduciaries Code) If yes, date of election: 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 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 of Birth: If required by the Medical Assistance Estate Recovery Act, P.S. § was a request for a statement of claim sent to the Department of Public Welfare? Yes 0 No Form oc-ol rev. Page 3 of Estate of Mary Ann McHale ,Deceased Written notice of the Audit as required by Pa. O.C. Rules and 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 below. In addition, notice of any questions requiring Adjudication as discussed in item 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 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 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) haslhave 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 in Interest ' Relationship and Comments, if any I Interest John M. McHale Brother of residue Gladwyn Drive Reading, PA Virginia McHale Sister Predeceased the decedent. Form OC-Ol rev. Page 4 of Estate of Mary Ann McHale ,Deceased Name and Address of Each Party in Interest `Relationship and Comments, if any I Interest 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. O.C. Rule Not Applicable 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. Form OC-01 rcv. Page 5 of Estate of Mary Ann McHale ,Deceased 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 of Claim Claim Will Claim Admitted? Be Paid In Full? Robert D. Katzenmoyer, Esquire - Yes Yes Perkiomen Avenue prep of Ct. ?No 0 No Reading, PA Acctg.$500.00 for filing fees Internists of Central PA DYes Yes Lowther Street ?No No Lemoyne, PA PPL Electric Utilities [Yes ?Yes c/o CBCS ~No No P. O. Box Columbus GA Springwood Real Estate Services DYes ?Yes Westgate Gardent Associates ?No ~ No Pine Grove Circle, Suite York, PA See additional If the estate is insolvent, attach a schedule setting forth the order of preference under Pa.C.S. § and the proposed payments. 1 Was family exemption claimed? ®Yes No Was family exemption allowed? ?Yes ?©No Family exemption claimant's name and relationship: Name: Relationship: _ Form OG01 rev. Page 6 of Estate of Mary Ann McHale File Petition for Adjudication Page 6 Item # Continued Name of Creditors City AT&T Universal Master Card #X~?XX ~?~~XX ~ ~XX c/o DCM Services Olson Memorial Highway Suite Minneapolis, MN Amt. of Claim City Master Card XXXX ~:~~XX ~ ~XX c/o DCM Services Olson Memorial Highway Minneapolis MN Amt. of Claim BonTon Account #~~~XX ~ ~XX ~?~~XX Retail Services P. O. Box Baltimore MD Amt. of Claim GM Money Card #~:~~XX ~XX XXXX CIO DCM Services Olson Memorial Highway Suite Minneapolis MN Amt. of Claim J. C. Penney Credit Card ~XX ~:~'~XX ~?XXX clo Estate Recoveries, Inc. P. O. Box Baltimore MD Amt. of Claim Chase Card # ~?~~XX ~:~~XX ~r:XXX AARP Rewards Card c!o Chase Bank USA P. O. Box Wilmington DE Balance of was cancelled See attached Form 1099-C Chase Card Account # ~:~KXX ~ ~XX ~:~0?X3351 clo Chase Bank P. O. Box Wilmington DE Balance of cancelled See attached Form 1099C GE Money Card #xxxx xxxx xxxx c/o Philips & Cohen Associates, LTD The Creditors' Rights and Bankruptcy Group Justison Street Wilmington DE Amount of Claim filed with Proof of Claim AAA Financial Services Card #xxxx xxxx xxxx Bank of America P. O. Box Wilmington, DE Amount of Claim Citibank Card #xxxx xxxx xxxx Citibank Customer Services P. O. Box Sioux Falls SD Amount of Claim Estate of Mary Ann McHale ,Deceased 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 Insolvent Estate 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. A. Describe in detail any questions requiring adjudication and state the position of the Petitioner(s) as to each question: Executor wants Cumberland County Orphans' Court to issue a decree stating that the residue of the estate is to be distributed to the known creditors in their pro rata share. B. Has notice of the question requiring adjudication been given to the parties identified in Paragraph 9 above? ? Yes [~No 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 OG01 rev. Page 7 of Estate of Mary Ann McHale ,Deceased 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. 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 If a reserve is requested, state amount and purpose. Amount: Purpose: Attorney Fees to Robert D. Katzenmoyer, Esquire in the amount of for preparation of Court Accounting and Reserve for miscellaneous filing fees, affidavits, etc. in the amount of 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. 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. Page 8 of Estate of Mary Ann McHale Deceased 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. 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 If a reserve is requested, state amount and purpose. Amvunr: Purpose: Attorney Fees to Robert D. Katzenmoyer, Esquire in the amount of for preparation of Court Accounting and Reserve for miscellaneous filing fees, affidavits, etc. in the amount of 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. Is the Court being asked to direct the filing of a Schedule of Distribution? Yes ~No As to real estate only? Yes ~No Form OGOI rev. Page 8 of Estate of Mary Ann McHale ,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 see attached list B. Principal: Proposed Distributee(s) Amount/Proportion see attached list Submitted By: (All petitioners must sign. Add additional lines if necessary): Name e boner: Name of Petitioner: Form OC-01 rev. Page 9 of Estate of Mary Ann McHale File No. Petition for Adjudication Page 9 Proposed Distribution A. Income -None B. Principal To: Internists of Central PA X = To: PP&L X = To: Springwood Real Estate Services X = To: Citi AT& T Universal Card X = To: Citi Master Card X = To: BonTon X = To: GM Money Card X = To: J. C. Penney X = $f68.62 To: GE Money Card X = To: AAA Financial Services X = To: Citibank Card X = Estate of Mary Ann McHale ,Deceased Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that heishe he is rime the Executor of the above-named name of corporation N/A _ 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 Pa. C.S. § (relating to unsworn falsification to authorities). Gam' gn e of Petitione * 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 Coun el r Peti inner Form oc-ol rev. Page of PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. approved May P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : 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 and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 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 August & September 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. is Marie Coyne, Edit SW TO AND SUBSCRI ED before me this 4 day of September, 1~eHale, Mary Ana, deed. Notary Late of Columbus Avenue, Apt. Lemoyne. Executor: John M. McHale, Gladwyn Drive, Reading, PA Attorney: Robert D. Katzenmoyer, NOTARIAL SEAL Esquire, Perlflomen Avenue, DEBORat-I A COLLINS Reading, PA Notary Rubiic CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr The IPatriot-News Co. ' Market St. ~ Harrisburg, PA NOW OU kr10W Inquiries - Y KATZENMOYER EEQ. PERKIOMEN AVENUE READING PA THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. Approved May Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 to 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 to Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, and September 18th, 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 she 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 she 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 Page PUBLICATION COPY This ad # ran on the dates shown below: August August September s~e~~ rt~t ~ ~tAtintw~.+~rt,M.~ ~ r ~ . . Ind to t~ ais to ~ . ~~+f Sworn to s scribed before me th s 08,,~ay Se tember, A.D. ..i~o . ` \ `~t.M1, Notary lic COMMONWEALTH OF PENNSYLVANfA Notarial Seal Sherrie i.. Kisser, Notary Public Cityy Of Harriskw~g; Dauphin County MY Cornrn~ssior" E~irea Nov. Member, Pennsylvania Association of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION FILE N0.2009 - ESTATE OF MARY ANN MCHALE, DECEASED FIRST AND FINAL ACCOUNT OF JOHN M. MCHALE, EXECUTOR Date of Death: June Dated of Incapacity, if any: None Date of Appointment: June Date of First Complete Advertisement: August Accounting for the Period: June to Apri130, Purpose of Account: John M. McHale, Ezecutor offers this Account to acquaint interested parties with the transactions that have occurred during the Administration. It is important the Account be carefully ezamined. Requests for additional information or questions or objections can be discussed with: Robert D. Katzenmoyer, Esquire Perkiomen Avenue Reading, PA ~i a_; ~ 3 BFI Summary of Account Estate of Mary Ann McHale, Deceased For the Period of June through Apri130, PRINCIPAL Receipts: This Account Net GainlLoss on Sales/Other Dispositions Less Disbursements: Debts of Decedent Funeral Ezpenses Administrative Ezpenses Federal, State & Local Tazes Commissions Fees Principal Balance Remaining Before Distributions INCOME Receipts This Account COMBINED BALANCE ON HAND RECEIPTS M & T Checking Account M & T IRA Account Horace Mann -Car Insurance Refund AAA- refund Marsh Consumer Connexions Checks AARP -United Healthcare Refund Prudential Life Insurance Proceeds Palmer & Company -Debt Consolidation Refund Palmer & Company -Debt Consolidation Refund NEA Life Insurance Proceeds Prescription Solutions Refund Estate of Dorothy Weston -Distribution PSERS Retirement Annuity IRS Refund Social Security Administration Ford Taurus -Selling Price Patriot News Refund DISBURSEMENTS Debts of Decedent: $ Funeral Expenses Jesse H. Geigle Funeral Home $ Funeral Dinner Administrative Expenses Cumberland County Register of Wills Probate Fees $ Cumberland Law Journal -Estate Notice Patriot News -Estate Notice Cumberland County Register of Wills Filing Fee PA-1500 Cumberland County Register of Wills Additonal Probate Fees Checks cleared from M & T Bank Account after date of death Verizon -cleared after date of death Deluxe Check Printers Register of Wills of Cumberland Count Filing Fee -Supplemental Inh. Tax Return Register of Wills of Cumberland County Short Certificates Federal, State & Local Taxes Commissions: John M. McHale, Executor's Commission Fees: Robert D. Katzenmoyer, Attorney Fees Family Exemption IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ORPHANS' COURT DIVISION FILE N0.2009-00588 ESTATE OF MARY ANN MCHALE, DECEASED n M. McHale, Ezecutor