Loading...
HomeMy WebLinkAbout07-16-12>, DECEDENT'S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ""J "t ~_) _ -Z-F ~~ _l - ~ _ J t..,. ~ C ...- ~_.-~ % ^'1 i F,f ESTATE OF Rolf Peter ,DECEASED No. 21-09-0575 PETITION FOR ADJUDICATION STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.C. RULE 6.9 This form maybe used in all cases involving the Audit of the Account of a Decedent`s Estate. If space is insufficient, riders maybe attached. Attach the spouse's election, if any; the papers required under items 8-79 inclusive; and any instrument pertinent to the adjudication. INCLUDE ATTACHMENTS AT THE BACK OF THlS FORM. Name of Counsei: Supreme Court I.D. No Name of Law Firm: Address: Telephone: Fax: E-mail: Bradley L. Griffie 34349 _ __ __ Griffie 8~ Associates 200 N Hanover Street Carlisle, PA -17013 (717) 243-5551 (717) 243-5063 Form OC-01 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. P89B 1 Of 1 O Estate of Rolf Peter 1. Name(s) and address(es) of Petitioner(s): acme Paula A Soprano aadress: 1175 Myerstown Road Gardners, PA 17324 Deceased Identify any executors or administrators who have not joined in the Petition for Adjudication and Statement of Proposed Distribution and Account 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 06/14!2009 ® Letters Testamentary or ^ Letters of Administration were granted to Petitioner(s) on 0611912009 Date of Will (if applicable): 09118/2007 Date(s) of Codicil(s) (if applicable): Date of probate (if 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: 07/03/2009 07/10/2009 07/17/2009 06!3012009 07/07!2009 07/14/2009 Form G:c-01 Rav. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 Of 10 Estate of Rolf Peter ,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? ......................................... ^ Yes ^ No (See Section 2209 ~,t se . 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 the decedent marry after execution of Will or Codicil(s)? .............. Were any chiidren born to decedent after execution of Will or Codicils}? ........................................................ If yes, give names and dates of birth: Name: 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 ^ Yes ® No Date of Birth: ® Yes ^ No ........................ Form oC-01 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 3 Df 'I O Estate of Rolf Peter Deceased 8. Written notice of the Audit as required by Pa. O.C. Rules 6.3, 6.7 and 6.8 has beer or will be given to all parties in interest fisted 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 fist 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 wilt 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) haslhave 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 interests}: Form o'C-01 Rev. i0-13.2006 Copyright (c) 2006 torm software only The Lackner Group, Inc. PagB 4 Of 1 O Estate of Rolf Peter 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. 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). Not applicable 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. Not applicable Form OC-O7 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 5 Of 10 p°~ WW I' f. P ~+.e~ ~~~ ~ w. Fj ~~ :°'Y~ rN :i,.r ~~a.B [ 'wM' C"t ~ f? 4-~ ~~~' Estate of Rolf Peter 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? VVR Claim Be Paid in Full? Above Attachment Total 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? ................................................................................ Was family exemption allowed? ........................................................................ Family exemption claimant's name and relationship: Name: Refationshrp: Yes ® No Yes ® No Form OC-07 Rev. f0-13-2006 Copyright (c) 2006 forth software only The Lackner Group, Inc. Page B of 1 O w i F °_... ~, b~~~ w.f. Estate of Rolf Peter 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 09/09/2009 .22,413.36 12/07/2011 5,367.32 06!1512012 9.85 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? .......................................................... If yes, provide the name of the estate, indicate whether an account has been filed and confirmed absolutely and a!! awards pertormed, 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: None ^ Yes ® No 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-O9 Rev. f0-13-2006 Copyright (cJ 200fi form sorivrera on{y The Lackner Group, {nc. Page 7 Of 1 O Estate of Rolf Peter ,Deceased 16. Had the decedent been adjudicated an incapacitated person? ........................................... [] Yes (~ No If yes, attach a copy of the Order if available; otherwise state Court, term, number, date, and name of Hearing Judge. 17. A. List or attach a separate fist of additional receipts and disbursements since the closing date of the Account. Date Description Amount 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. Amount: Purpose.' 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? ........................................................................ If so, attach a copy of the notice. 19. fs the Court being asked to direct the filing of a Schedule of Distribution? ....................................................... As to real estate only? ......................................... . ....................................... ® Yes ~ No ...................... Yes ® No Yes ~ No Form OC-O1 Rev. 10-13-2006 Copyright (c~ 2006 form software only The Lackner Group, Inc. r~8ge 8 OT 1 O !` ~a 3". 1 £ ~ ~~~ Iwn %~ iwY r• .. w/b ~' 4rt y~. A' .'~+' tI°. S ~ !'' ~'`yF I ~y: Estate of Rolf Peter Verification of Petitioner (Verification must be by at least one petitioner.) Deceased The undersigned hereby verifies * [that ne~sne ,~}~is nae ~>,~t,~'GLt.YK,L~ of the above-named nameo/corporation ~.~~,~~ ~~.~ ~B~G!'J 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). ~" ~ ~ ~ Signature of Petitioner Paul A Soprano Signature of Petitioner 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 Distributionts 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. S' C unsel for Petitioner d L. Griffie Form OC-O1 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, inc. Page 1 O Of 1 O Estate of Rolf Peter 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 Distributee(s) Amount Proportion Paula Soprano 100% B. Principal: Proposed Distributee(s) Amount Proportion Paula Soprano 100% Submitted By: (AII petitioners musf sign. Add itionai lines if necessary): ~; ~, Name of Petitioner: Paula Soprano Name of Petitioner: Name of Petitioner: Form Q'C-09 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Peg@ J Of 1 O PROOF OF PYJBLICATION State of Pennsylvania, County of Cumberland Erica Peterson, Classified Mana~ er, 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 13u~, "1881, since which date THE SENTINEL has been rebaularly 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): June 30, 2009, Tulj~ 7, 2009 and Tiny 14, 2009 COPS' OF NOTICE OF PUBLICATION 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 are true. c I Sworn to and subscribed before me this I~f~-d ~ a o_o~__. ~~ Notary Public Mar commission expires: GOMMDF3Wc%.~-• r; o~ P~P!rdSYLV~h1l.A idOTAF:IAL StAL ', BAf~iB! ANC HECI~NDORN, Notary Public Carer: I-!i(I Born, Gumbarlartd Cnunly fJ~ :~rra~ Expire:; Jar}uar; ?7 2~~C+ PROOF OF PUBLICATION OF NOTICE Ili CUMBERLAND LAVE' JOURNAL 1"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 CountSr 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, Viz ` July 3, July 10 and July 17, 2009 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 mattex of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Editor Petez, Rolf, deed. Late of Carlisle Borough. Executrix: Paula A. Soprano c/o Bradley L. Griffie, Esquire, Griffie & Associates, 200 North Hanover Street, Carlisle, PA 17013, (717) 243-5551, (800) 347-5552. Attorneys: Braclley L. Griffie, Es- quire, Griffie &, Associates. SV~OR~C TO AND SUBSCRIBED before me this 3 da oy f Tu1y, 2009 ~. Notary NOTARIAL SEAL DE80RAH A COLLIN5 Nofory Public CARLISLE BORO, CUMBERLAND COUNTY My Cornmission Expires Apr 28, 201 D In re: Estate of Rolf Peter Late of Carlisle Borough Cumberland County, Pa., deceased IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION NO. 2009-00575 PA NO. 21-09-0575 FIRST AND FINAL ~~~~ _ . - '"' ACCOUNT OF ~~~=' ~~ _ `~`' `-' ~, f_~ Paula A. Soprano, Executrix s , y. ~ ~ ~; ~~ _ ~'~ "~~- ~ ' Estate of Rolf Peter ~ c-:~; ,,,,. '~-,~'~ `--, late of Carlisle Borough, Cumberland County ~ ~._ ; ~ , _= Pennsylvania, deceased ~ __., ~ ~;~ ~, ~, CERTIFICATE OF CLERK The above Account was filed on 2012, last advertised July 17, 2009, according to law, and is presented herewith to the Court of Common Pleas, Cumberland County, Pennsylvania, Orphans' Court Division for confirmation. Date ORDER OF COURT Clerk 2012, no exceptions or objections having been filed to the accoun'. or to the proposed schedule of distribution, the within account and schedule of distribution are confirmed and distribution is directed in accordance with the schedule of distribution. BY THE COURT, J. Date of Death: June 14, 2009 Gross value of estate: $199,577.60 Distribution amount of estate: $159,044.54 Last advertising: July 17, 2009 In re: Estate of Rolf Peter Late of Carlisle Borough Cumberland County, Pa., deceased IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION NO. 2009-00575 PA NO. 21-09-0575 DATE OF DEATH: June 14, 2009 LETTERS GRANTED: June 19, 2009 FIRST COMPLETE ADVERTISEMENT July 14, 2009 OF GRANT OF LETTERS DISTRIBUTION OF ESTATE INCLUDED IN ACCOUNTING DISTRIBUTION AMOUNT IS $159,044.54 GROSS VALUE OF ESTATE IS: $199,577.60 ACCOUNTING FOR THE PERIOD June 19, 2009 through July , 2012 Purpose of the Account: Paula A. Soprano, Executrix, offers this accounting to acquaint interested parties with the transactions that have occurred during her administration. The Account also indicates the proposed distribution of the Estate. It is important that the Account be carefully examined. Requests for additional information, question or objections can be discussed with: Bradley L. Griffie, Esquire Attorney for Petitioner 200 North Hanover Street Carlisle, PA 17013 (717} 243-5551 (800) 347-5552 2 PRINCIPAL ASSETS RECEIVED REAL ESTATE None STOCKS AND BONDS: None CASH AND BANK DEPOSITS: 1. Cash $ 5,700.00 2. 2009 Personal Income Tax Refund 427.00 3. Members 1St Federal Credit Union 89,576.07 Certificate of Deposit Number 34193-4~ 4. Members 1St Federal Credit Union 2,767.63 Checking Account No. 34193-11 5. Cash distribution from pre-death sale of real 38,354.95 estate in Germany 6. Members 1st Federal Credit Union 5.936.04 Investment Savings Account No. 34193-OS 7. Members l St Federal Credit Union 6,663.40 Regular Savings Account No. 34193-00 8. Members 1St Federal Credit Union 5.00 Regular Savings Account No. 36440-00 Subtotal JOINTLY HELD PROPERTY None $199,430.09 3 PERSONAL PROPERTY AND VEHICLES: 1. Personal Property (apartment furnishings) $ 66.00 Subtotal INTER-VIVOS TRANSFERS: None ADDITIONAL RECEIPTS: 1. Comcast refund of overpayment 26.E 1 2. Insurance Refund 55.00 Subtotal NON-PROBATE ASSETS: None GAINS AND LOSSES ON LIQUIDATIONS AND OTHER DISPOSITIONS• None GAINS: None Subtotal 00 NET GAINS OR LOSSES ON LIQUIDATIONS $ 66.OC $ 81..51 $ .00 4 INTEREST ACCRUED ON ESTATE CHECKING ACCOUNT: None Subtotal $ .00 Total Principal of Estate with Adjustments $ 199,577.60 DISBURSEMENTS OF PRINCIPAL DEBTS OF DECEDENT: 1. Legal Fees to Griffie & Associates (prior to death) $ 425.00 2. PPL Electric Utilities 25.16 Subtotal $ 450.16 FUNERAL EXPENSES: 1. Hollinger Funeral home and Crematorium, Inc. $ 1,662.10 Subtotal $ 1,662.10 ADMINISTRATIVE EXPENSES AND COSTS: 1. Attorney's fees to Griffie & Associates $ 8,500.00 2. Probate fees 528.00 3. Advertising-Cumberland Law Journal 75.00 4. Advertising-The Sentinel 187.54 5. Translator Services to Michael Poe 1,975.00 6. Accountant Fees 85.00 7. Ibis Appraisal Services (Personal property) 15.00 8. Orrstown Bank (bank fees) 12.00 9. Executrix travel expenses to United Nations 250.00 10. Overnight mail to Germany (multiple) 133.25 Subtotal $ 11,760.79 5 TAXES: Pennsylvania Inheritance Tax $ 27,780.68 Discount (-) 1,263. l 6 Interest _ 142.49 Subtotal $26,660.01 Total Disbursement of Principal $40,533.06 PRIOR IN KIND DISTRIBUTIONS AND NON-PROBATE ASSETS DISTRIBUTED None INTERIM DISTRIBUTIONS 1. Cash distributions Subtotal Total Principal of Estate with Adjustments Less Disbursements of Principal Less Non-Probate and in Kind Distributions TOTAL NET ASSETS/PROCEEDS AVAILABLE FOR DISTRIBUTION TOTAL PROPOSED DISTRIBUTIONS TO TESTAMENTARY BENEFICIARIES AFTER ACCOUNT CONFIRMATION Paula A. Soprano Total Share of Distribution $138,354.95 $ 138,354.95 $199,577.60 - $ 40,533.06 - $100,000.00 $ ?0,689.59 $ 20,689.59 $ ?0,689.59 100% 6 TOTAL PROPOSED DISTRIBUTION OF PRINCIPAL AND INCOME: $ 20,689.5' Paula A. Soprano, Executrix of the Estate of Rolf Peter, deceased, hereby declares under oath that she has fully and faithfully discharged the duties of her office; that the foregoing First and Final Account and Schedule of Distribution is true and correct and fully discloses all significant transactions occurring during the accounting period, that all known claims against the Estate havc; been paid in full, that, to her knowledge, there are no claims now outstanding against the Estate; and that all taxes presently due from the Estate have been paid. l~~ _ . Paula A. Soprano, Exec trix Sworn and subscribed to before me this ~ day of ~~ 2412. NOTARIAL SEAL ROBIN ~. BASSETT, Notary Public CARLISLE BOROUGH, CUMBERLAND CO. COmmissior, Expires Apr. 17, 2015 I hereby certify that written notice of the filing of this Account, and of the date, time and place when the same will be presented to the Court for confirmation and of the last day to file written objections to said Account, has been given to every unpaid claimant and to every other person known to the accountant to have or claim an interest in the estate as creditor, beneficiary, heir, or next of kin. ~- a . Griffie, Esquire 7