Loading...
HomeMy WebLinkAbout09-02-11~i.~~~ `~ DECEDENT'S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF NDITH A. SUTTON No. 21-10-0164 DECEASE -n z~ '~ -- n -=-=, _~ PETITION FOR ADJUDICATION / - -~ -- STATEMENT OF PROPOSED DISTRIBUTION ~`-' PURSUANT TO Pa. O.C. Rule 6.9 <> _:~ :a~ ~ , -_F _- !` - a _ ~. ._. ;r,. ~~? \..J i~ 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 ATTACHMENTS AT THE BACK OF THIS FORM. Name of Counsel: Keith O. Brenneman Supreme Court LD. No.: 47077 Name of Law Firm: Snelbaker & Brenneman, P.C. Address: 44 West Main Street, Mechanicsburg, PA 17055 Telephone: 717-697-8528 Fax: 717-697-7681 Form OC-0] rev. 10.13.06 Page 1 of 10 ~` V Estate of JUDITH A. SUTTON 1. Name(s) and address(es) of Petitioner(s): Name: Russel M. Sutton Address 1924 Steretts Gap Avenue Carlisle, PA 17013 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 12/23/2009 Letters Testamentary or Letters of Administration were granted to Petitioner(s) on 02/ 19/2010 Date of Will (if applicable): 06/19/1984 Date(s) of Codicil(s) (if applicable): N/A Date of probate (if different from date Letters granted): same as above Was a bond required? 'es ~ 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: The Sentinel -March 6, 13, 20, 2010 Cumberland Law Journal, March 5, 12, 19, 2010 Form OC-01 rev. 10.!3.06 Page 2 Of 10 Estate of JUDITH A. SUTTON ,Deceased 3. Was decedent survived by a spouse? ............................. Yes Q No If yes, name of the surviving spouse: Russel M. Sutton 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)? ........................................... Q 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? .............................. Yes ~ No Form OC-01 rev. 10.13.06 Page 3 of 10 Estate of JUDITH A. SUTTON N/A Deceased 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 Form OC-01 rev. 10.13.06 Page 5 of 10 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. Estate of JUDITH A. SUTTON 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 ofClatm Claim Admitted? I~'ill Claim Be Pard In Full? First National Bank of Omaha 5,119.10 Wes ~No Yes ~No Attention: Scott DeLance P.O. Box 3773 Omaha, NE 68103 Wes Yes Russel M. Sutton 3614.42 ~No ~No 1924 Steretts Gap Avenue Carlisle, PA 17013 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? ................................ DYes ~No Was family exemption allowed? ................................ Yes ~No Family exemption claimant's name and relationship: Name: Relationship: FormOC-01 rev. 10.1_.06 Page 6 Of 1~ Estate of JUDITH A. SUTTON 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 Insolvent Estate No Tax Due 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? ................... DYes ~ 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. N/A Form OC-01 rev. 10.13.06 Page 7 of 10 Estate of JUDITH A. SUTTON Deceased 16. Had the decedent been adjudicated an incapacitated person? .......... Q 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. N/A 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. 150.00 Amount Purpose: Filing fee for Final Accounting, Inventory and certified mail. 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. 10.13.06 Page 8 of I O Estate of JUDITH A. SUTTON ,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 Distrtbutee(s) None - no income B. Principal: Proposed Dtstrtbutee(s) None -insolvent estate Form OC-01 rev. 10.13.06 Amount/Proportion Arnount/Proportion Submitted By: (All petitioners ~nc~st sign. Add additional lines i f necessary): ~ ~ 1, ~ Name of Petitioner: Russel M. Sutton Name of Petitioner: Page 9 of 10 Estate of JUDITH A. SUTTON Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that he~she he is t;tle the Executor of the above-named name of corporation Estate of Judith A. Sutton 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 I8 Pa. C.S. § 4904 (relating to unswom falsification to authorities). e 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. I~' ~ ~~~ Signature of Counsel for Petitioner Deceased Form OC-Ol rev. 10.13.06 Page I0 of 10 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): March 6 13 and 20, 2010 COPY OF NOTICE OF PUBLICATION ~"E---"j°R'S" `0 Affiant further deposes that he/she is not Letters Testamentary on the Estate of ~UD17H A. SUTTON, late of North berland County, Pennsylvania, have been interested in the subject matter of the Middleton.Township, Cum nted to me undersigned. aforesaid notice or advertisement, and that gra e hav ng claims willdpresent t em foe th i i All all allegations in the foregoing statement as os ately, and mmed payment semememto: to time, place and character of publication Fu5se11 M. Sutton, EAvenuer 1924 Sterretts Gap are true. Carlisle, PA 17013 Keith O.°Brenneman, Esquire elbaker & Brenneman, P. C. Sn 44 West Mam Street P. O;Box 318 - Mec~~+ui~sDa~RA 1aA55~:~ .. _,~~~:: I AttdmeyS for Executor Sworn to and subscribed before me this a~ ao~o . ~a~~ ~~~~ Notary Public My commission expires: ~Illrwrww NDTARIAL SEAL BAMlN ANTI HECKENOORN Notull fhtblic 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 COUNTY OF CUMBERLAND ss. 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 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, vlz: March 5 March 12 and March 19 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. ~..... Lisa 1Vlarie Coyne, Editor ,,.~..~` SWORN TO AND SUBSCRIBED before me this 19 day of March, 2010 Notary Sutton, Judith A., deed. Late of North Middleton Town- ship. Executor: Russel M. Sutton, 1924 Steretts Gap Avenue, Carlisle, PA 17013. Attorneys: Keith O. Brenneman, Esquire, Snelbaker 8v Brenneman, P.C., 44 W. Main Street, P.O. Box 318, Mechanicsburg, PA 17055. ~jj~~ NO'fAPIAI ScfaL t3E~CRA!•I A'.:`JLLINS Nctc~r~ P~iblic Cfi.~":LISLE t3GR~, CU~-7BERt.hiv~ CGUNTY ~ IVIy C~ommissi~n E'j. ~pir~s Lar 2B, 2010 -'- .,, CLALMS AND LIABILITIES OF ESTATES Primate Authority 20 Pa. C.S. §§ 3381, 3392, 3532(b)(3) r A.L.R. Library 17:207 A.L.R. Index, Decedents' Estates; Executors and Administrators; Judgment Liens; Judgments, Orders, and Decrees; Liens and Encumbrances; Preferences and Priorities; Tax Liens West's A.L.R. Digest, Executors and Administrators c~202 259 to 261, 513(10). 513(11) Legal Encyclopedias Am. Jur. 2d, Descen.t and Distribution § 141; Executors and Administrators §§ 649 to 676 C.J.S., Executors anal. Admilustrators §§ 503 to 532 § 1~ r:~Q7 ~en.e~°ally Pvesearch ~.efz;a°en~;~s West's Key I`3ulnber Digest, E ->ecutors anal Administrators X219.6, 259 to 261_ ' If the apl?lic:able assets of the decedent's estate are insuf ficient to pay all proper charges and claims in f~III, the personal representative, subject to any preference gilen by law to claims due tl~e United Mates, must pay them i.n the foliowinJ ol~cler, d~=itl2out priority as between claims of the same class: (1) the costs of ad.ministratiol2; (2) (3) (4j (5) (6) the falrtlly eXE'II?~?tl.On; the ecsts of the decedel2~ s furEeral and burial, and the costs of I12edicines f~arnisl2ed tc the decedent vai.thin si.x Ixloz?ths of lzis oI' l~ler death, of medical or n~az°sing aer'Jlces perIO"11~e:i fOr A,i:2e CIeCP..CIPnt wlthln that tII2Te, Of 12os?~Ital~ie="`}'li:°C 117_C~i.udlllg TllaintE'11aI3{'e X)1"05~It~zed t.Cie deQeC~.~s)~:, ~Jltd"1112 that tln7e, Qf serFlceS fJrQVlCled i1.l~l-Ct~r t}le 7"'2C~~~-If'al ai:~l~~~'c T]Ce i'S'C1,oJ.'1'all;. pIQ~TICI~.°~ wltl21r1 t~b.:_1't`, 'i;'S72° c.11!~ -'J'f Sa^;1"'dl~'jti 'y~eriOrlnC'd !f?r tl1° deC~C~~nt iJ;jT ~elt~7 E3 "S_t~ °17k~?.e.~,'°y`~'~,~ ~i%1t~211i tll~l;, ttil7.e; W12E' CC;S: ~1 S. ice?"aV?InarlAer; z•el?ts for tl2e occt~.l~ancy of the decedent's residel2ce for six ln.c~nths ilnmediateJ.y Prior to his or her death; claims by the Colnlnonwealth and the political subdi- visions of the ~olnmonwealth; and 239 z (7) all other claims.' The statutory order of priority applies only in determining the respective rights of unsecured creditors among them- selves, and does not apply to those who, during the decedent's lifetime, have obtained security for their claims by mortgage or by lien of judgment.2 Such secured creditors continue to have first priority with respect to the encumbered property of the decedent.3 The purpose of the rule fixing the order of priority among unsecured creditors and those who leave incurred charges in connection with an estate is to favor certain classes of credi- tors; to this ezad, the law must be strictly construed, and is subject to the general rule of construction that parties claim- ing the benefit of class legislation must bring themselves within its provisions. Property which is subject to a valid option agreemex}t made by the decedent while living, and which is subject to a degree of specific performance against his or her estate, takes prior- ity over the elective share of the decedent's surviving spouses When a testator in his will gives specified property or a share of his estate in exact or substantial compliance with the terms of his obligations under an inter vivos property settle- x~lent or antenuptial agreement made with his wife, the ~n~ife is a creditor of his estate and not a legatee under the will, and consequently, the wife's claim is superior to the claims of other legatees and devisees.8 Where a surety pays money to the government on behalf of his or her principal for taxes assessed as due, the surety is entitled to be subrogated to the rights of the government, including any priority which the government may have.' '20 Pa. C.S. § 339`,?. As to the preference for claims due the United States, see §§ 157:215, 157:216. For further discussion of pri- ority of claims, see 10 Sum. Pa. Jur. 2d, Probate, Estates, and Trusts §§ 12:51 to 12:52. 2§ 157:208. 3§ 157:208. 4In re Gilbert's Estate, 5 Pa D. & C.2d 646, 1956 (Orphans' Ct. 1956). SIn re Brown's Estate, 446 Pa. 401, 289 A.2d 77 (1972). As to specific performance of such agreements, see 20 Pa. C.S. § 3390, discussed in § 164:33. 6In re Estate of Blumenthal, 2002 PA Super 382, 812 A.2d 1279 (2002). ~In re Sheaffer's Estate, 281 Pa. 138, 126 A. 205 (1924). SNELBAKER ~ BRENNEMAN, P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURG. PENNSYLVANIA 17055 RICHARD C. SNELBAKER KEITH O. BRENNEMAN Scott Delance, Sr. Adjuster First National Bank of Omaha P. O. Box 3773 Omaha, NE 68103 Re: Estate of Judith A. Sutton Dear Mr. Delance: 7I7-697-8528 September 1, 2011 P. O. BOX 318 FACSIMILE (717) 697-7681 Enclosed please find a copy of the First and Final Account of Russel M. Sutton, Executor of the Estate of Judith A. Sutton, deceased. Please be advised that the First and Final Account is scheduled for confirmation before the Court of Common Pleas of Cumberlanodu tuCourthousel Courth use Square?Carlisle, 30 a.m. in Courtroom No. 1 at the Cumberland C y Pennsylvania. Please note that any objections to the First and Final Account must be filed in writing with the Office of the Register of Wills of Cumberland County no later than 9:00 a.m. on October 11, 2011. A copy of any objections that are filed must be served upon the undersigned as attorney for Russel M. Sutton, Executor. If you should have any questions, please feel free to contact me. Yours truly, Keith O. Brenneman KOB/sm Enclosure CC: Russel M. Sutton, Executor SNELBAKER ~ BRENNEMAN, P.C. A PROFESSIONAL COEtPORATION ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURG. PENNSYLVANIA 17055 RICHARD C. SNELSAKER KEITH O. BRENNEMAN Russel M. Sutton 1924 Steretts Gap Avenue Carlisle, PA 17013 Re: Estate of Judith A. Sutton Dear Mr. Sutton: 717-697.8528 September 1, 2011 P. O. BOX 318 FACSIMILE (717) 697-7681 I am enclosing a copy of the First and Final Account with respect to the Estate of Judith A. Sutton. Please be advised that the First and Final Account is scheduled for confirmation before the Court of Common Pleas of Cumberland CouCourthousel 1 Courthouse Square?Carlisle, 30 a.m. in Courtroom No. 1 at the Cumberland County Pennsylvania. Please note that any objections to the First and Final Account must be filed in writing with the Office of the Register of Wills of Ce fi ed must e served uponttheund~ s gned asOatton ey for 2011. A copy of any objections that ar Russel M. Sutton, Executor. If you should have any questions, please feel free to contact me. Yours truly, Keith O. Brenneman KOB/sm Enclosure