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HomeMy WebLinkAbout07-18-11DECEDENT'S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION , ESTATE OF MARY JANE ASHMORE DECEASE' ~ rt ~ ~`~ `~ ~ r~-~ ~ 21-09-1071 No ~" C° :-~.:, c~ . ~~ Q ~ ~, , r Ti . -~ ~ 3+ _:u. C .? ,~'" i" ~ ;-== C7 ~ C'S ~ ~y '3"i PETITION FOR ADJUDICATION / r STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.C. Rule 6.9 This form may be used in all cases involving the Audit of the Account of a Decedent's Estate. If space is insuffrcient, riders may be attached. Attach the spouse's election, if arty; the papers required under items 8-19 inclusive; and any instrument pertinent to the adjudication. IIVCLUDEATTACHMEIVTSAT THE BACK OF THIS FORM. Name of Counsel: SUSAN H. CONFAIR Supreme Court I.D. No.: 70241 Name of Law Firm: REAGER & ADLER, PC Address: 2331 MARKET STREET, CAMP HILL, PA 17011 Telephone: 717-763-1383 Fax: 717-730-7366 F~oaor ,~,.. io.~s.o6 Page 1 of 10 Estate of MARY JANE ASHMORE 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): 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 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? .............................. mYes ®No Form OC-01 rev. 10.13.06 Page 3 of 10 Estate of MARY JANE ASHMORE 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 HOSPICE OF CENTRAL BENEFICIARY 1/4 SHARE PENNSYLVANIA 1320 LINGLESTOWN ROAD HARRISBURG, PA 17110 AMERICAN CANCER BENEFICIARY 1/4 SHARE SOCIETY 8400 SILVER CROSSING OKLAHOMA CITY, OK 73132 FormOG01 rev. /0./3.06 Page 4 of 10 Estate of MARY JANE ASHMORE ,Deceased Name and Address o Each P in Interest Reladonsht and Comments, i Interest AMERICAN HEART BENEFICIARY 1/4 SHARE ASSOCIATION PO BOX 22249 ST. PETERSBURG, FL 33742 HELEN O. KRAUSE ANIMAL BENEFICIARY 1/4 SHARE FOUNDATION PO BOX 311 MECHANICSBURG, PA17055 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 Farm oc-ol rev. %la.o6 Page 5 of 10 Estate of MARY JANE ASHMORE 10 11. 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 aml Address of Each Claimant Amount ojCJdm Claim Will Claim Admitted? 13ePaidln Fu117 N/A ^Yes ^Yes ^No ^ No ^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. Was family exemption claimed? ................................ ^Yes ®No Was family exemption allowed? ................................ ^Yes ®No Family exemption claimant's name and relationship: Name: Relationship: Form oc-o/ rev. 10.13.06 Page 6 of 10 Estate of MARY JANE ASHMORE 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 Paymera 1~20~201U Interest 285.00 SPECIFIC BEQUEST 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) 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. Farm oc-ol rev. 10.13.06 Page 7 of 10 Estate of MARY JANE ASHMORE 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. 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. ,_,,._,. 35,963.00 P"'p°se: Executor Fee -Manufacturers and Traders Trust Co. - $33,013.00 Attorney's Fees - Reager & Adler, PC - $2,270.00 Filing Costs -Cumberland County Register of Wills - $680.00 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 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 ^No As to real estate only? ........................................ ^Yes m No Fom oc-o/ rcv. 10.13.06 Page 8 of 10 Estate of MARY JANE ASHMORE Deceased Wherefore, your Petitioner(s) ask(s) that distribution be awarded to the parties entitled and suggests} that the distributive shares of income and principal (residuary shares being stated in proportions, not amounts) are as follows: A. Income: Proposed Distribwee(sJ Hospice of Central Pennsylvania American Cancer Society American Heart Assocation B. Principal: Proposed Distribvtee{sJ Hospice of Central Pennsylvania American Cancer Society American Heart Association AmoundProportion 2,205.23 2,205.23 2,205.23 Amount/Proportion 181,306.81 181,306.81 181,306.81 Submitted By: (All petitioners must sign. Add additional lines if necessary}: MA)~JFACTURERS AND TRADERS TRUST CO N~me of Pehtionei" RIJT'FI A~ MCMILLEN ASST. VICE PRESIDENT Name of Petitioner: Fonn OC-01 re,,. ro.rs.n6 Page 9 of 10 PETITION FOR ADJUDICATION/STATEMENT OF PROPSOED DISTRIBUTION PURSUANT TO PA. O.C. RULE 6.9 CONTINUED ESTATE OF MARY JANE ASHOMORE, Deceased PAGE 9 OF 10 A. Income: Proposed Distributee(s) AmoundProportion. Helen O. Krause Animal Foundation $2,205.24 B. Principal: Proposed Distributee(s) AmountlProportion Helen O. Krause Animal Foundation $181,306.80 Estate of MARY JANE ASHMORE Verification of Petitioner (Verification must be by at least one petitioner.) Deceased The undersigned hereby verifies * [that he/she S~ is ,,,~e_ASST. VICE PRESIDENT of the above-named rarme ojcorporotlon MANUFAC'T'URERS & TRADERS andJ 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 unswom falsification to authorities). nature of Petitioner ~,- ~ 71tU57 JFFItuL: * Corporate petitioners must complete bracketed injormotion. 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 for Petitioner rarn,oc-nr rev. lo.is.o6 Page 10 of l0 ~C~~~'Ei, ; FFIC~ OF 2gi1 JUL 18 PM 3: Ob NOTICE OF CHARITABLE GIFT CLERS OF (In Accordance with Pa. O.C. Rule 5.5) ORP1~lA1~' CUIUBEi~.,gN~ ~RT~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF MARY JANE ASHMORE No. 21-09-1071 Chief, Charitable Trusts and Organizations Section Office of the Attorney General Dear Sir or Madam: Notice is given of a charitable giR as follows: 1. The nature of the present proceeding is: ®SETTLOR ®DECEASED Date: ~., ~a 9 ~ I ~ (a) An Account which has been or will be listed for Audit in the Orphans' Court on AUGUST 23 ~ 2011 ~ in CUMBERLAND COUNTY, CARLISLE, PA (State name ojCourthause mid town/crty.J The time and place of the Audit is Court Room 1 at 9:30 o'clock. If not provided herein, the time and location will be provided upon request when that information becomes available. (b) If the proceedings are other than an Account, state the nature of the proceedings and the place, date and time fixed for hearing: • If more space is required, attach addttional sheets. FormOC-06 rev. /0.!3.06 Page 1 Of 4 Estate of MARY JANE ASHMORE 2. Charitable gifts are made as follows: ~Settlor ~ Deceased (a) Give full names and addresses of charities, and names and addresses of counsel, if any. Hospice of Central Pennsylvania 1320 Linglestown Road Harrisburg, PA 17110 See attached for additional charities. (b) If pecuniary legacies, state exact amounts and indicate whether legacies will be or have been paid in full; if not give reasons therefor. (c) If the charitable interest is a future interest and the estimated present value of the property involved exceeds $25,000, a brief description thereof including the conditions precedent to its vesting in enjoyment and possession, the names and ages of persons known to have interests preceding such charitable interest, and the approximate market value of the property involved. (d) If residuary gift, state nature and value of share. Form OG06 rev. 10.13.06 Page 2 of 4 American Cancer Society 8400 Silver Crossing Oklahoma City, OK 73132 American Heart Association PO Box 22249 St. Petersburg, FL 33742 Pennsylvania Office of Attorney General 14`" Floor Strawberry Square Harrisburg, PA 17120 Helen O. Krause Animal Foundation PO Box 311 Mechanicsburg, PA 17055 Estate of MARY JANE ASHMORE ®Settlor mDeceased 3. Provide a brief statement of all pertinent questions to be submitted to the Court for Adjudication, including unresolved claims and any material questions of interpretation or distribution which may affect the value of the charitable interest. 4. The names and addresses of the fiduciazies are (state whether Executors and/or Trustees): Ruth Ann McMillen, Asst. Vice President, Executor Manufacturers and Traders Trust Company 213 Mazket Street Harrisburg, PA 17101 5. The names and addresses of counsel for the fiduciaries: Susan H. Confair Reager & Adler, PC 2331 Market Street Camp Hill, PA 17011 6. The names and addresses of counsel for any charity who has received notice or has appeared for it: Form OC-06 rev. 10.13.06 Page 3 of 4 Estate of MARY JANE ASHMORE ®Settlor ®Deceased 7. (a) A copy of the instrument creating the gift is attached hereto. (b) If the gift is other than a pecuniary legacy which will be paid in full, there is attached hereto: (1) A copy of the Account, if one has been filed (2) A copy of any other relevant documents Very truly yours, ~" ~^ sgnarare 70241 Attorney's Name and Supreme Court I.D. No. 2331 Market Street Attorney's Address Camp Hill, PA 17011 717-763-1383 Attorney's Telephone Form OC-Oti rev. 10.13.06 Page 4 of 4