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HomeMy WebLinkAbout10-21-11`~ ,~ 3 ~~, ~~I >. ~ s DECEDENT'S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ~`? ESTATE OF BURDENS SCHENCK No. 21-10-1044 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. INCL UDE ATTACHMENTS AT THE BACK OF THIS FORM. Name of Counsel: Michael L. Bangs Supreme Court LD. No.:41263 Name of Law Firm: Address: 429 South 18th Street, Camp Hill, PA 17011 Telephone: (717) 730-7310 Fax: (7171730-7374 -,, -, ~:, r -: i Fo,m oc-oi Yev. ~0.~3.06 Page 1 of 10 Estate of BURDENE SCHENCK ,Deceased 1. Name(s) and address(es) of Petitioner(s): Name: **See attached Sheet Address: 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 August 24, 2010 Letters Testamentary or ~ Letters of Administration were granted to Petitioner(s) on Date of Will (if applicable): April 13, 2010 Date(s) of Codicil(s) (if applicable): Undated Date of probate (if different from date Letters granted): October 22. 2010 Was a bond required? ^Yes 0 No If yes, state amount: Are proofs of advertising of the grant of Letters attached? ......... Q Yes ^ No Dates of advertising of the grant of Letters: The Sentinel (11 /6.11 /13 and 11 /20/1 Ol Cumberland Law Journal (11/12, 11/19 and 11/26/10 Farm oc-ol rev. 10.13.06 Page 2 of 10 Estate of Burdene Schenck File No. 21-10-1044 Petition for Adjudication /Statement of Proposed Schedule of Distribution Pursuant to Pa. O.C. Rule 6.9 1. Name(s) and address(es) of Petitioner(s): Lori Clark 118 North Fourth Street Lemoyne, PA 17043 Doris Scheffey 36 South 24th Street Camp Hill, PA 17011 Patricia Vogl 307 E. Elmwood Avenue Mechanicsburg, PA 17055 Estate of BURDENE SCHENCK 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? ............. DYes Q No (See Section 2201 et sue. of the PYObate, 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): None 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? .............................. ~ Yes ^ No Formoc-ol rev. /0./3.06 Page 3 of 10 Estate of BURDENE SCHENCK 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. 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: FormOC-0/ rev. /0./3.06 Page 4 of 10 A. State each party's relationship to the decedent and the nature of each party's interest(s): Estate of BURDENE SCHENCK Deceased 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 Form OC-0/ rev. !0.13.06 Page 5 of 10 Estate of Burdene Schenck File No. 21-10-1044 Petition for Adjudication /Statement of Proposed Schedule of Distribution Pursuant to Pa. O.C. Rule 6.9 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: Name and Address Relationship Amount of Estate Carl B. Alexander Nephew $1,000.00 537 Forest Road Chambersburg, PA 17202 Cathy Alexander Niece $1,000.00 12317 N. Welty Road Waynesboro, PA 17268 Clifford B. Alexander Nephew $1,000.00 78 Quarry Road Chambersburg, PA 17202 Jessica Brenzier Friend $5,000.00 1816 Lakeside Drive Middletown, PA 17057 Jean Brubaker Friend $10,000.00 116 Bosler Avenue Lemoyne, PA 17043 Brian and Lori Clark Friend $80,000.00 118 North Fourth Street Lemoyne, PA 17043 Brian Clark, Jr. Friend $5,000.00 118 North Fourth Street Lemoyne, PA 17043 Jennifer Clark Friend $10,000.00 118 North Fourth Street Lemoyne, PA 17043 Name and Address Relationship Amount of Estate Jessica Clark Friend $10,000.00 118 North Fourth Street Lemoyne, PA 17043 Julie Clark Friend $5,000.00 118 North Fourth Street Lemoyne, PA 17043 Herb and Theresa Eisenberg Friends $30,000.00 3 Wayne Road Camp Hill, PA 17011 Fred and Janice Enders Friends $10,000.00 802 Market Street Lemoyne, PA 17043 Rev. Harold Fox Friend $50,000.00 627 South Front Street Harrisburg, PA 17104 Kimberly Germany Friend $20,000.00 4809 Lancer Street Harrisburg, PA 17109 Angie Jukobowski Friend $3,000.00 210 North Front Street Wormleysburg, PA 17043 Dorsey and Elaine Matson Friends $10,000.00 26 Oak Hill Drive Middletown, PA 17057 Joanne Mauger-Herdman Friend $20,000.00 107 Easterly Drive Mechanicsburg, PA 17055 Michael and Debra Mihalaki Friends $10,000.00 70 Silver Crown Drive Mechanicsburg, PA 17055 Mario and Tracy Pitts Friends $10,000.00 6124 Chatham Glenn Way -North Harrisburg, PA 17111 Name and Address Relationship Amount of Estate Rick and Deborah Scarborough Friends $10,000.00 948 S. Alma School Road, #43 Mesa, AZ 85210 Joseph and Doris Scheffey Friends $80,000.00 36 South 24`" Street Camp Hill, PA 17011 Lydia Scheffey Friend 36 South 24~' Street Camp Hill, PA 17011 Paul Scheffey Friend 36 South 24 Street Camp Hill, PA 17011 Thomas Scheffey Friend 36 South 24`" Street Camp Hill, PA 17011 Rich and Sherrie Shatzer Friends 112 James Lane Mechanicsburg, PA 17055 Tammy Dodson Friend (formerly known as Tammy Shreffler) 111 North Fifth Street Lemoyne, PA 17043 $5,000.00 $5,000.00 $10,000.00 $50,000.00 $10,000.00 Joy Sullivan Friend $3,000.00 1833 Creek View Drive New Cumberland, PA 17070 Charlotte Thomas Friend $20,000.00 104 North 36~' Street Camp Hill, PA 17011 Anna Maria Tucker Friend $10,000.00 113 South Poplar Street Elizabethtown, PA 17022 Brian and Patricia Vogl Friends $60,000.00 307 E. Elmwood Avenue Mechanicsburg, PA 17055 Name and Address Relationship Amount of Estate Monel Walker Friend $5,000.00 4809 Lancer Street Harrisburg, PA 17109 Thomas White Friend $10,000.00 Post Office Box 123 Wiconisco, PA 17097 Presbyterian Church of Middletown $10,000.00 290 North Union Street Middletown, PA 17057 Humane Society of Harrisburg $10,000.00 7790 Grayson Road Harrisburg, PA 17111 Hershey Medical Center t/4 of residue 500 University Drive $6,849.39 Hershey, PA 17036 Holy Spirit Hospital (Medical Intensive Care Unit) '/4 of residue 503 North 21St Street $6,849.39 Camp Hill, PA 17011 Pinnacle Health Systems '/4 of residue 2501 North Third Street $6,849.40 Harrisburg, PA 17110 Holy Spirit Hospital (Heart Center) t/4 of residue 503 North 21St Street $6,849.40 Camp Hill, PA 17011 Estate of BURDENS SCHENCK 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 of Claim Claim Admitted? Will Claim Be Paid In Full? None Yes ^Yes ^No 0 No ©Yes ^Yes ^No ®No Yes ^Yes ^No ^ No ^Yes ^Yes ONo ^ 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? ................................ ®Yes ®No Family exemption claimant's name and relationship: Relationship.• Form OC-Ol rev. 10.13.06 Page 6 Of 10 Estate of BURDENE SCHENCK 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 5/20/11 88,237.50 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 0 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. Form OC-01 rev. 10.13.06 Page 7 of 10 Estate of BURDENE SCHENCK Deceased l 6. 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. N/A B. Has notice of the additional receipts and disbursements been given to the parties identified in Paragraph 9 above? ............. 0 Yes ~ No 18. If a reserve is requested, state amount and purpose. Amount. Purpose: N/A 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? ........................................ DYes ~ 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? ........................................ DYes /^ No Form OC-01 rev. 10.13.06 Page 8 of 10 Estate of BURDENE SCHENCK 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 Distrdbutee(sf B. Principal: Proposed Distributee(sJ See attached sheet Submitted By: Amount/Proportion Amount/Proportion Form oc-or rev.10.13.06 Page 9 of 10 (All petitioners must sign. Add additional lines if necessary): Estate of BURDENE SCHENCK Verification of Petitioner (Verification must be by at least one petitioner.) Deceased The undersigned hereby verifies * [that heishe is tote of the above-named name of corporation 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). ~ ,~ ig ature 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. Formoc-oi rev. ~0.~3.06 Page 10 of 10 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: November 12 November 19 and November 26 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. G~!. isa Marie Coyne ditor Schenck, Burdene, decd. Late of the Borough of Lemoyne. Executrices: Doris Scheffey, Lori Clark and Patricia Vogl. Attorney: Michael L. Bangs, Es- quire, 429 South 18th Street, Camp Hill, PA 17011. SWORN TO AND SUBSCRIBED before me this 26 of November. 2010 . ~~~~~~~ ~. Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 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): November 6 November 13 and November 20 2010 COPY OF NOTICE OF PUBLICATION ~€ Affiant further deposes that he/she is not LETTERS TESTAMENTARY a+th®.Egtata of BURDENESCMENCK, late of the Borough oftemoyrre; County of CumbeAand; Pennsylvania, deceased, interested 1n the subject matter of the were granted to Doria Scheffey, Lori Clark and Patr~la Vogel on October 20, 20t0~ aforesaid notice or advertisement, and that AY pereons knowing themselves to ae indebted to said Estate are requested to all allegations In the foregoing statement as make immediate payment, ahd those having claims will present them, rout may. ro ~ r,nderelgtad. to time, place and character of publication Mk~ael L. Bangs, Esquire ` ~ are true. 429 South 18 Street Camp Hill; PA 17017 Sworn to and subscribed before me this V, ~J~.,~.," ~ i 1`~ Notary Public My commission expires: NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY My Commission Expires Jan 27, 2014