Loading...
HomeMy WebLinkAbout09-29-11~-I ~ ~, c~ i ~ ~-= DECEDENT'S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF AUDREY W. JOHNSON ,DECEASED No. 21-09-1212 PETITION FOR ADJUDICATION / STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.C. Rule 6.9 r-~ _- ~ . , ~1 .... -,= ~-~ :a ~, ;~ - - . ; ~, ;-a 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 TTfI CHMENTS AT THE BACK OF THIS FORM. Name of Counsel: David M. Hollar Supreme Court LD. No.: 62408 Name of Law Firm: Villari Brandes & Kline, PC Address: 8 Tower Bridge, Suite 400, 161 Washington Street Telephone: (610) 729-2900 Fax: (6101 7~9_~q ~ n Form OC-01 rev. 10.13.06 Page 1 of 10 Estate of AUDREY W. JOHNSON l . Name(s) and address(es) of Petitioner(s): Nome: Kathy M. Davey Address: 1 F3each Drive SE #1805 St. Peterburg, FL 33701 Deceased 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? .. , , , .. _ ... , Yes ~ No If not, identify prior accountings, the accounting periods covered, and the date of adjudication of the prior accounting. 2. Decedent died on 12/28/2009 ® Letters Testamentary or ~ Letters of Administration were granted to Petitioner(s) on 12/31 /2009 Date of Will (zfapplicable~: 9/23/1993 Date(s) of Codicil(s) (ifapplicable~: Date of probate (f 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: The Sentinel, July 20, 27 and August 3, 2010; and Cumberland Law Journal, July 23, 30 and August 6, 2010 Form OC-0I rer. 10.13.06 Page 2 of 10 Estate of AUDREY W. JOHNSON 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? (See Section 2201 et sue. of the Probate, Estates and Fiduciaries Code) ®Yes ®No 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 (fnone, 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: Narrze: 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 (brm OC-Ol rev. I0.l3.06 Page 3 of 10 Estate of AUDREY W. JOHNSON Deceased 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 ofany 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 ~?. 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 ifthere 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 ofGaeh Parry in /ntei•ac~ ~ Relateonsh~p and Comment Kathy M. Davey Daughter 1 Beach Drive SE #1805 b St. Petersburg, FL 33701 Julie A. Gill Daugher 3 ] 5 W. Shady Lane #C Enola, PA 17025-2269 Form OC-0J rer. J0.13.06 lnteres~ 50% of residuary estate 50% of residuary estate Page 4 of I 0 Estate of AUDREY W. JOHNSON Deceased B. Identify each party who is not sari 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 Ac~Litem has or has not been filed for this Audit (see Pa. U. C'. Rule 12.d~. 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 I orm OG01 rev. IOJ3.06 Page 5 of 10 Estate of AUDREY W. JOHNSON Deceased 10. Other than the claim for the family exemption, list the names ofall known claimants and the amount of their claims and state whether each claim is admitted. If the estate is insolvent, attach a schedule setting forth the order of preference under 20 Pa.C.S. § 3392 and the proposed payments. 1 1 ~ Was family exemption claimed? ... , , , , ......................... Yes ~]/ No Was family exemption allowed? .... , , , .. . ®Yes ~No Family exemption claimant's name and relationship: Varna: Relationship: (~oi~m OC-0/ rer. 10.13.06 Page 6 of I 0 Estate of AUDREY W. JOHNSON 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: ~~,te Pnvntent Interest 6/21/20] 1 5,480.68 131.56 3. 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 O/ No If yes, provide the name of the estate, indicate whether an account has been tiled 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 duestion: Petitioner requests an order authorizing and directing her to transfer title to the Decedent's timeshare property to Julie A. Gill B. Has notice of the question requiring adjudication been given to the parties identified in Paragraph 9 above? ...... . ........... ~/ Yes ~ No ! 5. 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. /~~>rm O('-01 res. ]0. 13.06 Page 7 of l0 Estate of AUDREY W. JOHNSON Deceased 16. Had the decedent been adjudicated an incapacitated person? ... , , , , . .. ~ Yes Q No Ifyes, attach a copy of the Order ifavai(able; 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. Ifa reserve is requested, state amount and purpose. lmourrc ~~~.~~ Pa~pnse: Inheritance tax Ifa 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 ofa Schedule of Distribution? ...... , , , , .......... ©Ycs ~/ No As to real estate only? .. , , , , , . ................... 0 ............. Yes No l~~ormO("-0l rev. IOJ3.lki Page 8 of 10 Estate of AUDREY W. JOHNSON 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 bein stated in proportions, not amounts) are as follows: g A. Income: Proposed Distributee(s) B. Principal: Proposed Drstributee(s) Amount/Proportion Amoa~nt/Proportion Kathy M. Davey $67,475 Julie A. Gill $63,475 Form OC-01 rev. 10.13.06 Submitted By: (All petitioners must sign. Add additional lines if necessary): Name of Peti :Kathy M. Davey Name of Petitioner: Page 9 of 10 Estate of AUDREY W. JOHNSON Deceased Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [ ~~ ~~ ~ ~ a ~, . forth in the foregoing Petition for Adjudication /Statement ~ that the facts set within the personal knowledge of the Petitioner are true, and astopact ~ Distribution which are of others, the Petitioner, after diligent inquiry, believes them to be true; and bat thc, information statements herein are made sub~ect to the enalties of 18 Pa. C.S. § any false ~ p 4904 (relating to unsworn falsification to authorities). ~~~ Signature of oner '~ 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 i i '~. ))I / `-tip C' -~ ,~ Signature of Counsel for Petitions Form OG01 rev. 10.13.Oh Page 10 of 10