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HomeMy WebLinkAbout10-20-11 DECEDENT' S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF Walter R. Hoerner, Jr. ,DECEASED No. 2011-00064 PETITION FOR ADJUDICATION / STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.C. Rule 6.9 ~ ~ ~.. _ i _ ~~ /-~ _\ ~ .. _. _ - ~ i.~ / } I - _ ._. _~ _ '~ ~"] it _~ , "T~ 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: Paula J. McDermott, Esquire Supreme Court I.D. No.: 46664 Name of Law Firm: Post & Schell, P.C. Address: 17 N. 2nd St., 12th Floor, Harrisburg, PA 17101 Telephone: 717-731-1970 Fax: 717-731-1985 __ Form OC-01 rev. 10.13.06 Page 1 of 10 f Estate of Walter R. Hoerner, Jr. 1. Name(s) and address(es) of Petitioner(s): name: Cheryl Stecher address: 5004 Pellingham Circle Deceased Enola, PA 17025-1293 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 Q No If not, identify prior accountings, the accounting periods covered, and the date of adjudication of the prior accounting. 2. Decedent died on 1/8/2011 ®/ Letters Testamentary or Q Letters of Administration were granted to Petitioner(s) on 1/14/2011 Date of Will (if applicable): ~ ~i~~il ~ Date(s) of Codicil(s) (if applicable): Date of probate (if different from date Letters granted): same Was a bond required? ~JYes Q 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: Jan. 28, Feb. 4, and Feb. 11, 2011 (Cumberland Law Journal); Feb. 9, Feb. 16 and Feb. 23, 2011 ('The Sentinel) Form OC-01 rev. 10.13.06 Page 2 of 10 Estate of Walter R. Hoerner, Jr. Deceased 3. Was decedent survived by a spouse? ............................. DYes '~©/ No If yes, name of the surviving spouse: 4. Has the surviving spouse filed to take an elective share? ............. DYes ©/ No (See Section 2201 et sic. 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)? ........................................... DYes Q 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 Q No Form OC-01 rev. 10.13.06 Page 3 of 10 Estate of Walter R. Hoerner, Jr. 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 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. See Attachment "C" 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 parry'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 and Address c Cheryl Condran Skwiat 3196 N. Briar Leaf Court LaPorte, IN 46350 and Cheryl Stecher 5004 Pellingham Circle Enola, PA 17025 $225,000.00 $2,135,518.60 (Remainder) Form OC-01 rev. 10.13.06 Page 4 of 10 Estate of Walter R. Hoerner, Jr. Name and Address of Each Parry in Interest ~ Relationship and Liberty University 1971 University Boulevard Lynchburg, VA 24502 Lehigh University 27 Memorial Drive West Bethlehem, PA 18015 Deceased Interest $590,129.65 $590,129.65 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 parry, 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 12.4). N/A D. If distribution is to be made to the personal representative of a deceased parry, 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 Estate of Walter R. Hoerner, Jr. ,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 andAddress of Each Claimant Amount ofClaim Claim Will Claim Admitted? Be Paid In Full? DYes ~ Yes ~No 0 No DYes Q Yes ~No ~ No DYes DYes ONo ~ No Yes Q Yes ~No Q 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? ................................ DYes ONo Family exemption claimant's name and relationship: Name: Relationship: Form oc-ol rev. 10.13.06 Page 6 of 10 Estate of Walter R. Hoerner, Jr. 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 4/7/2011 6/22/2011 395,442.34 1,155.57 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? ................... Q Yes Q 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? .................. Q Yes Q 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 Walter R. Hoerner, Jr. 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? ............. DYes D No 18. If a reserve is requested, state amount and purpose. Purpose: See Attachment "B" 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 m interest? ........................................ D/ Yes No If so, attach a copy of the notice. See Attachment "C" 19. Is the Court being asked to direct :/ the filing of a Schedule of Distribution? .......................... Dyes No As to real estate only? ........................................ Dyes DNo Form OC-01 rev. 10.13.06 Page 8 of 10 Estate of Walter R. Hoerner, Jr. 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 Distribeetee(s) B. Principal: Proposed Distributee(s) Cheryl Condran Skwiat Cheryl Stecher Liberty University & Lehigh University Amount/Proportion AmoundProportion $225,000.00 $2,135,518.60 $590,129.65 (each) Submitted By: (All petitioners must sign. Add additional lines if necessary): Name of Peti oner: Cheryl Stecher Name of Petitioner: Form OC-01 rev. 10.13.06 Page 9 of 10 ATTACHMENT "A" PROOF OF PUBLICATION State of Pennsylvania, County of Culmberland Leckie Cox, Retail Sales Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SEN'T'INEL, a newspaper of general circulatign in the $orough of Cazlisle, 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): Febxua_y 9 February 16 and February 23, 2011 COPY OF NOTICE OF PUliLICATTON Affiant further deposes that he/she is not ezecuTRlx.N6TtCE interested ixl. the subject matter of the Letters Testarrwntary on the Es3ate o1 WALTER RUSSEt HOERNI=R, JR. afOreSald notlCe Or adVertFSenlerlt, and that a1kla W.•RUSSEL;liOERNER, JR., late"of the Township of Lower AUen, ' Cumtieriand County, Pennsytyanla, deceas@d, have c>oan granted b the all aAegafions l];t the foregoing statement as undersigned. " to time, place and character of publication All parsons knowing jharnselves to be Indebted to said Estate will make pt;yymeet In7mediately and those havirig:claims Will presentthem for . ar e. settlement. Cheryl L. Stechar, Executrix ~ ':6004 P.eWhghem Ckde ' Enolei, PA 9702b Peuia J. McDermotl,Atlomey PO918 Schell P,C. 17North2ndStreet,'12IhFloor; '; ~Harrlsb0ry, PA 17101 .. ''. Sworn to and subscribed before me this ~~ L ~• Notary Public My commission expires: NOTARIAL SEAL BAINBI ANN NECI(ENDORN Notary pubSc CARLISLE BOROUGH, CUMBERLAND CNTY My Commission Expires Jan 27, 2014 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL ([Jnder 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 Iaw, 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 ali legal notices, and h.as, 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, viz: January 28 February 4, and February 11, 2011 Affiant further deposes that he is authorized to verify this statement by the Cumberland Laver 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. .6~-r ~-" Li Marie Coyne, E for SWORN TO AND SUBSCRIBED before me this 11 of Februar~V, 2011 Notary Hoeruer, Walton Rnssel, Jr. a/1c/a W. Russel lioerner, Jr., deed. Late of Lower Allen Township. Executrix: Cheryl L. Stecher, 5004 PelIingham Circle, Enola, PA 17025. Attorneys: Paula J. McDermott, Esquire, Post & 3chc11, P.C., 27 N. 2nd Street, 22th Floor, Harris- burg, PA 27101. NOTARIAL SEAL DEBORAH A COLLINS Notary Pu611c CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 ATTACHMENT "B" Reserves Reauested: Payable to Schreckengaust Associates for $800.00 final accounting paperwork Payable to Post & Schell, P.C. to $4,500.00 finish probate process Payable to Cheryl Stecher for payment of taxes $56,243.00 on IRA in accordance with Last Will & Testament of W. Russel Hoerner Total: $61,543.00 ATTACHMENT "C" o~ p sT Scx~~.o~ ATTORNEYS AT LAW October 20, 2011 VIA CERTIFIED MAIL Cheryl Condran Skwiat 3196 N. Briar Leaf Court La Porte, IN 46350 17 North Second Street 12th Floor Harrisburg, PA 17101-1601 717-731-1970 Main 717-731-1985 Fax www.postschell.com Paula J. McDermott pmcdermott@postsch ell. com 717-612-6012 Direct 717-731-1985 Fax File #: 146974 RE: Notice of Proposed Distribution and Petition for Adjudication for Estate of Walter R. Hoerner, Jr. Deceased Court of Common Pleas of Cumberland County Orphans Court Division No. 2011-00064 Dear Ms. Skwiat: Enclosed herewith constituting notice to you, please consider yourself advised that the hearing on the Petition for Approval of Accounting, Petition for Adjudication, Statement of Proposed Distribution will be conducted on November 22, 2011 in the Cumberland County Court of Common Pleas, Orphans Court Division regarding the above-referenced estate. Attached is the petition which will be filed today and presented on November 22, 2011 with attachments. The notice of reserves requested is contained in Attachment B to the petition. Please do not hesitate to contact the undersigned with any questions you may have regarding this matter. Very truly yours, Paula J. 1VIcDermott PJM/srl Enclosures cc: Cheryl Ensminger Stecher 7910630v1 ALLENTOWN HARRISBURG LANCASTER PHILADELPHIA PITTSBURGH PRINCETON WASHINGTON, D.C. A PENNSYLVANIA PROFESSIONAL CORPORATION O~ p ST& 17 North Second Street 12th Floor ~T ~T T Harrisburg, PA 17101-1601 S vc r1'-' 1 ~l i 717-731-1970 Main ATTORNEYS AT LAW 717-731-1985 Fax www.postschell.com Paula J. McDermott p m cd erm ott@pos tsch el I. com 717-612-6012 Direct 717-731-1985 Fax File #: 146974 October 20, 2011 VIA CERTIFIED MAIL Liberty University Attn: Earl D. Sargeant, Deferred Giving Officer 1971 University Boulevard Lynchburg, VA 24502 RE: Notice of Proposed Distribution and Petition for Adjudication for Estate of Walter R. Hoerner, Jr. Deceased Court of Common Pleas of Cumberland County Orphans Court Division No. 2011-00064 Dear Mr. Sargeant: Enclosed herewith constituting notice to you, please consider yourself advised that the hearing on the Petition for Approval of Accounting, Petition for Adjudication, Statement of Proposed Distribution will be conducted on November 22, 2011 in the Cumberland County Court of Common Pleas, Orphans Court Division regarding the above-referenced estate. Attached is the petition which will be filed today and presented on November 22, 2011 with attachments. The notice of reserves requested is contained in Attachment B to the petition. Please do not hesitate to contact the undersigned with any questions you may have regarding this matter. Very truly yours, Pte- , ~ ~-~` Paula J. M~Dermott PJM/srl Enclosures cc: Cheryl Ensminger Stecher 7910815v1 ALLENTOWN HARRISBURG LANCASTER PHILADELPHIA PITTSBURGH PRINCETON WASHINGTON, D.C. A PENNSYLVANIA PROFESSIONAL CORPORATION O~ 17 North Second Street p ~~ I 12th Floor S~~T T Pc Harrisburg, PA 17101-1601 it i 717-731-1970 Main ATTORNEYS A"1' LAW 717-731-1985 Fax www.postschell.com Paula J. McDermott pm cdermott@postschell.com 717-612-6012 Direct 717-731-1985 Fax File #: 146974 October 20, 2011 VIA CERTIFIED MAIL Lehigh University Attn: Lorraine S. Wiedorn, Asst. Vice President 27 Memorial Drive West Bethlehem, PA 18015 RE: Notice of Proposed Distribution and Petition for Adjudication for Estate of Walter R. Hoerner, Jr. Deceased Court of Common Pleas of Cumberland County Orphans Court Division No. 2011-00064 Dear Ms. Wiedorn: Enclosed herewith constituting notice to you, please consider yourself advised that the hearing on the Petition for Approval of Accounting, Petition for Adjudication, Statement of Proposed Distribution will be conducted on November 22, 2011 in the Cumberland County Court of Common Pleas, Orphans Court Division regarding the above-referenced estate. Attached is the petition which will be filed today and presented on November 22, 2011 with attachments. The notice of reserves requested is contained in Attachment B to the petition. Please do not hesitate to contact the undersigned with any questions you may have regarding this matter. Very truly yours, P~-~- - Paula J. McDermott PJM/srl Enclosures cc: Cheryl Ensminger Stecher 7910836x1 ALLENTOWN HARRISBURG LANCASTER PHILADELPHIA PITTSBURGH PRINCETON WASHINGTON, D.C. A PENNSYLVANIA PROFESSIONAL CORPORATION o~ p sT sCHELLP~ ATTOR NEYS AT LAW October 20, 2011 VIA CERTIFIED MAIL Commonwealth of Pennsylvania Office of Attorney General Attn: Heather Vance-Rittman Senior Deputy Attorney General Charitable Trusts and Organizations Section 14th Floor, Strawberry Square Harrisburg, PA 17120 17 North Second Street 12th Floor Harrisburg, PA 17101-1601 717-731-1970 Main 717-731-1985 Fax www.postschell.com Paula J. McDermott pmcd erm ott@postschel I. com 717-612-6012 Direct 717-731-1985 Fax File #: 146974 RE: Notice of Proposed Distribution and Petition for Adjudication for Estate of Walter R. Hoerner, Jr. Deceased Court of Common Pleas of Cumberland County Orphans Court Division No. 2011-00064 Dear Ms. Vance-Rittman: Enclosed herewith constituting notice to you, please consider yourself advised that the hearing on the Petition for Approval of Accounting, Petition for Adjudication, Statement of Proposed Distribution will be conducted on November 22, 2011 in the Cumberland County Court of Common Pleas, Orphans Court Division regarding the above-referenced estate. Attached is the petition which will be filed today and presented on November 22, 2011 with attachments. The notice of reserves requested is contained in Attachment B to the petition. Please do not hesitate to contact the undersigned with any questions you may have regarding this matter. Very truly yours, ~~~~~ Paula J. McDerniott PJM/srl Enclosures cc: Cheryl Ensminger Stecher ALLENTOWN HARRISBURG LANCASTER PHILADELPHIA PITTSBURGH PRINCETON WASHINGTON, D.C. A PENNSYLVANIA PROFESSIONAL CORPORATION Estate of Walter R. Hoerner, Jr. Verification of Petitioner (Verification must be by at least one petitioner.) Deceased The undersigned hereby verifies * [that heishe she is arle the Executrix of the above-named name of corporation Estate of Walter R. Hoerner, Jr. 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 18 Pa. C.S. § 4904 (relating to unsworn falsification to authorities). Signatu 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. ait~~ . ~ Signature o Counsel for Petitioner Form OC-OI rev. 10.13.06 Page 10 of 10