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HomeMy WebLinkAbout09-08-11 DECEDENT'S ESTATE n = ~r? - ; _ _ _~'~ ' ~. COURT OF COMMON PLEAS OF - ~fT? ! - ~ ~:: , ~ -; , > -. CUMBERLAND COUNTY, PENNSYLVANIA r~ - ORPHANS' COURT DIVISION - - _i :. ESTATE OF JUDY EARLEY ,DECEASED No. 2010-00943 PETITION FOR ADJUDICATION / 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 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. INCLUDE ATTACHMENTS AT THE BACK OF THIS FORM. Name of Counsel: THOMAS E. FLOWER Supreme Court LD. No.: 83993 Name of Law Firm: FLOWER LAW, LLC Address: 10 WEST HIGH STREET Telephone: 717-243-5513 Fax: 717-241-4021 Form OGOl rev. 10.13.06 Page 1 of 10 ~~ r - ;-~ ~~~. ~. Estate of JUDY EARLEY 1. Name(s) and address(es) of Petitioner(s): ,Name: RODGER EARI..EY address: PO BOX 211 PLAINFIELD, PA 17081 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'? .......... Q Yes ^ No If not, identify prior accountings, the accounring periods covered, and the date of adjudication of the prior accounting. 2. Decedent died on SEPTEMBER 7, 2010 ^ Letters Testamentary• or ®Letters of Administration were granted to Petitioner(s) on SEPTEMBER 14, 2010 Date of Will (if applicable): N/A Date(s) of Codicil(s) (if applicable: N/A Date of probate (ifdifferent 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: FEBRUARY 18 &, 25 AND MARCH 4, 2011 and FEBRUARY 11, 18 & 25, 2011 Forni OC-01 rev. 10.13.06 Page 2 of 10 Estate of JUDY EARLEY Deceased 3. Was decedent sun-ived by a spouse? ............................ . ©Yes ^ No If yes, name of the surviving spouse: RODGER EARLEY 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 sur<~iving issue of deceased children (i f none, so state): NONE 6. Did decedent marry after execution of Will or Codicil(s)'? ......... _ . ^Yes Q 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, vas a request for a statement of claim sent to the Department of Public Welfare? .......................~/~.. ^Yes (~ No Form (K'-01 rev. 10.1?.06 Page 3 of 10 Estate of JI1DY EARLEY 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 w-il1 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 suz 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 andAddress RODGER EARLEY PO BOX 211 PLAINFIELD, PA 17081 Interest ~ Relanonshm and SPOUSE INSOLVENT ESTATE Forn~OC-01 rer. ]0./3.06 Page 4 of 10 Estate of NDZ' EARLEY NONE Deceased C. State tvhy 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. ]0.1?.O6 Page 5 of 10 B. Identify each party who is not sui juris (e.R ,minors or incapacitated persons). For each such party, give date of birth, the name of each Guardian and how each Guardian vas 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 NDZ' EARLEY 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 I .4mouru of Claim I Claim I lt'iIl Claim Adn:ined? Be Paid Lr CHASE BANK USA, N.A. 6,694.90 ®Yes ^Yes c/o CARDMEMBER SERVICE ~No ~ No P.O. Box 15548 Wilmington, DE 19886-5548 CAPITAL ONE SERVICES 6,933.81 Yes Yes c/o WELTMAN, WEINBERG, REIS ~No 0 No 323 W. Lakeside Ave, Suite No. 200 Cleveland, OH 44113-1009 ^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? ............ DYes (7~No Family exemption claimant's name and relationship: :flame: Reladonship.~ Form OC-01 rein. 10.13.06 Page 6 of 10 Estate of NDY EARLEY Deceased 12. The amount of Pennsylvania Transfer Inheritance Tam and additional Pennsylvania Estate Taa paid, the date(s) of payment(s), and the interest(s) upon which paid, are as follows: Dute Pavmenl Interest none 13. On the date of death, was the decedent a fiduciarS' (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 w7ll 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 ~( /y to the parties identified in Paragraph 9 above? ............. t ~~./'I. [~ 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. 10.13.06 Page 7 of 10 Estate of JUDY EARLEY Deceased 16. Had the decedent been adjudicated an incapacitated person? ......... . ^ Yes m 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 resen~e is requested, state amount and purpose. amount. Purpose: If a resen~e 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? .................................. . ".. r! 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'? ....... , . ................ Dyes ©No As to real estate only? .. , . , .................. ....... [Yes /[] No Form OC=01 rev. 10.13.06 Page 8 of 10 Estate of JUDY EARLEY 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 Du tributee("s) Amount Proportion none B. Principal: Proposed Dirtributee(sl AmoururProporhon none Submitted By: (All petitioners must sign. Add additional lines if necessary): Name of P rtioner: ROD R EARLEY Name of Petitioner: Form OC'-01 rev. 10.1?.O6 Page 9 of 10 Estate of JUDY EARLEY Deceased Verification of Petitioner (Verification must be by at least one petitioner.) T'he undersigned hereby verifies * (that hers~e is title of the above-named name ofcorporadon 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 anv false statements herein are made subject to the penalties of 18 Pa C.S. § 4904 (relating to unsworn falsification to authorities). Signatur 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. C~~,1 Signature of Cou~ns-e?=1 for Petitioner Form OC-01 rev. 10.13.06 Page 10 of 10 Addendum to Item No. 10, of Petition for Adjudication: Order of Preference under 20 Pa C S § 3392 Priority One - Funeral and Administrative Expenses: satisfied to the extent of assets. Lower Prioity - Creditors: No Creditors Will Be Paid. 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 ,iournal, 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: Februar 18 Februar 25 and March 4 2011 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. Earley, Judy, deed. Late of Lower Frankford Town- ship. Administrator: Rodger Earley c/o Thomas E. Flower, Esquire, Flow- er Law, LLC, 10 West High Street, Carlisle, PA 17013. Attorneys: Thomas E. Flower, Esquire, Flower Law LLC, 10 West High Street, Carlisle, PA 17013. ~---- Lis Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 4 of March 2011 Notary ~~~~ NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 2B, 2014 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Jackie Cox Retail Sales Manager 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): February 11 February 18 and February 25 2011 COPY OF NOTICE OF PUBLICATION I4L~I~eE.9~~I.~EELE~$IF~.STAMENTARYQf ADIIAINfSTRATION Letters of Admintstration In tfte Estate of ,WDY EARLEY, deceased, :late of Lower Frankford Towtrahip, Cumbertanei County, Pennsylvania, have been granted to the undersigned. Ak persons knowing themselves to be indebted to the sad, estate wal make payment immediately, and those having claims will present them for settlement to: Rodge Earley, Administrator Go Thomas E. Flower, Esquire FLOWER LAW, LLC t0 West High Street CadLgle, PA 17013 - FLOWER LAW, LLC 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 ar rue. ~~.~,~,,,~ f? ~, to and sub~js~crhib~ed~ before me this ~~~ V ~. Notary Public My commission expires: NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY '~"t'''r mr'~issi n Expires Jan 27, 2014