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HomeMy WebLinkAbout09-12-14 243 FIFILE&CIients\12848 Clum lieb\12848.2 Estate Greg\I2848 2Ectition.adjudication.wpd DECEDENT'S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF JOHN GREGORY CHRISTLIEB, DECEASED No. 21-10-0801 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 oftheAccount ofa Decedent's Estate.Ifspace is insufficient,riders may be attached.Attach the spouse's election, ifany;the papers required under items 8-19 inclusive; and any instrument pertinent to the adjudication. INCL UDE ATTACHMENTS AT THE BACK OF THIS FORM. ti Name of Counsel: Hubert X. Gilroy C= s Supreme Court I.D. No.: 29943 � v J; ci o Name of Law Firm: MARTSON LAW OFFICES r-1 = F- � --q Q Address: 10 East High Street, Carlisle, PA 17013 o rn N o Telephone: (717)243-3341 `"' ; -n -°n Fax: (717)243-1850 CO m c� Cn o Form oC-01 rev.ro. 13.06 Page 1 of 8 Estate of John Gregory Christlieb, Deceased 1. Name(s)and address(es)of Petitioner(s): Name. Pamela Christlieb Address: 106 Pine Knob Road Newville, PA 17241 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 June 14, 2010. ❑ Letters Testamentary or ® Letters of Administration were granted to Petitioner(s) on August 6, 2010 Date of Will (if applicable): N/A Date(s) ofCodicil(s) (f applicable): N/A 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: The Sentinel: September 11, 18 &25, 2010 Cumberland Law Journal: September 17 & 24; October 1, 2010 Forth OC-01 rev./0. 13,06 Page 2 of 8 Estate of John Gregory Christlieb, Deceased 3. Was decedent survived by a spouse? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ® Yes ❑ No If yes, name of the surviving spouse: Pamela Christlieb 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 surviving issue of deceased children: Hunter Christlieb 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)? . . . . . . . . oYes ® No If yes, give names and dates of birth: Name: Date ofBlrth: 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 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 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. Form OC-01 rev./0. 13.06 Page 3 of 8 Estate of John Gregory Christlieb, Deceased 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 al l 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 of Each Party in Interest Relationship and Comments, ifanv Interest Pamela Christlieb Spouse Spouse of Decedent 106 Pine Knob Road Newville,PA 17241 Hunter Christlieb Son Son of Decedent 106 Pine Knob Road Newville,PA 17241 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. C. State why a Petition for Guardian/Trustee Act Litem has or has not been filed for this Audit (see Pa. O.C. Rule 12.4). 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. 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? Forth OC-01 rev./0. 13.06 Page 4 of 8 Estate of John Gregory Christlieb, Deceased M&T Bank $30,003.39 s Yes ❑ Yes Attn: Maryanna Mikolajek ❑ No s No 100 Wehrle Drive Special Services Ground Floor Williamsville,NY 14221 Capital One Bank $24,238.69 s Yes ❑ Yes c/o Estate Information Services ❑No s No P.O. Box 1370 Reynoldsburg, OH 43068-6378 Capital One Bank $8,709.00 s Yes ❑ Yes c/o Philip& Cohen Associates LLC ❑ No s No 1002 Justison Street Wilmington, DE 19801 Pamela Christlieb $104,484.53 s Yes ❑ Yes 106 Pine Knob Road ❑ No s No Newville, PA 17241 Griffie& Associates $111.60 s Yes ❑ Yes 200 North Hanover Street ❑ No s No Carlisle, PA 17013 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 s No Was family exemption allowed?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . o Yes ❑ No Family exemption claimant's name and relationship: Name: Relationship: 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 None Paid -Estate Insolvent Form OC-01 rev./0. 13.06 Page 5 of 8 Estate of John Gregory Christlieb, Deceased 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 ® 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: 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. 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? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . o Yes o No 18. If a reserve is requested, state amount and 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? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ 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? . . . . . . . . ❑ Yes ® No As to real estate only? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . o Yes ® No Fomr OC-01 rev./0. 13.06 Page 6 of 8 Estate of John Gregory Christlieb, 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) AmountlPropor(ion None None B. Principal: Proposed Distribu(ee(s) AmountlProportion None None Submitted By: (All petitioners must sign. Q A dditional line sifne ssary Pamela ristheb,Petitioner Form oc-ot rev.ro. 13.06 Page 7 of 8 Estate of John Gregory Christlieb, Deceased Verification of Petitioner The undersigned hereby verifies that she is the Administratrix of the Estate of John Gregory Christlieb 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). (A" C Pamela Christliel Petitioner 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 th espouses herein. Hubert X- C unsel for Petitioner Form OC-01 rev./0. 13.06 Page 8 of 8 14 , PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND 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, viz: September 17, September 24, and October 1, 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. Lisa Marie Colne, Editor SWORN TO AND SUBSCRIBED before me this r 1 of October, 2010 christneb,John Gregory,decd. Notary Late of Upper Mifflin Township. Administratrix:Pamela Christlieb C/o Mattson Law Offices, 10 East High Street,Carlisfc,.PA_17013. Attorneys: Hubert X. Gilroy, Es- quire,Martson Law Offices. NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 WIJJOK A Ru'.,, 1!?+Su9 bibtU} v'ft3s31;','�19A193F.h4Sl;t,ktaiRRllhi�J2ilph,� PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Lames Kleinklaus,Director of Sales and Marketing, of The Sentinel,of the County and State aforesaid,being duly swom, deposes and says that THE SENTINEL,a newspaper of general circulation in the Borough of Carlisle,County and State aforesaid,was established December 13th, 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): September 11,September 18 and September 25 2010 COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not ESTATE NOTICE interested in the subject matter of the Letters of Administration on the Estate of JOHN GREGORY CHRISTLIEB, aforesaid notice or advertisement,and that late deceased,Upper ve be Township,o the u n er County,Pennsylvania. all alle ations in the fore oin statement as late of p have been wnshitl to the undersigned. g foregoing kAll persons knowing themselves to be In to said Estate will make to tile,place and character of publication 7 payment immediately,and those having claims will present them for settlement to: are true. Pamela Christlieb.Administrators c/o MARTSON LAW OFFICES 10 East High Street Carlisle.PA 17013 �Hubert X.Gilroy,Esquire MARTSON LAW OFFICES Attorneys Sworn t and subscribed before me this b X0/0. Notary Public My commission expires: NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH,CUMBERLAND CNTY My Commission Expires Jan 27.2014 t , j t 1 f .+E^rvTRRHpn . taaz t.v.��aota ��Y41f!.^.,ryeS3N�:lif G':Nk 18411:5 . PthS.�S *a$ av��px7: piarin�moD'�P�1 IN RE: IN THE COURT OF COMMON PLEAS OF ESTATE OF JOHN GREGORY CHRISTLIEB DECEASED CUMBERLAND COUNTY, PENNSYLVANIA LATE OF UPPER MIFFLIN TOWNSHIP, CUMBERLAND COUNTY, ORPHANS' COURT DIVISION PENNSYLVANIA NO. 21-10-0801 NOTICE OF FILING FIRST AND FINAL ACCOUNT AND PETITION FOR ADJUDICATION/SCHEDULE OF PROPOSED DISTRIBUTION AND CALL FOR AUDIT OR CONFIRMATION NOTICE IS HEREBY GIVEN that Pamela Christlieb,Administratrix of the Estate of John Gregory Christlieb, deceased,has this date filed the First and Final Account and Petition for Adjudication/Schedule of Proposed Distribution in the above-captioned Estate in the Office of the Clerk of the Orphans' Court in and for Cumberland County, Pennsylvania,where the same is filed as public record and may be inspected. Copies of the Account and Petition are enclosed for your information. YOU ARE FURTHER NOTIFIED that any exceptions or objections to said Account or Petition must be filed in writing at the office of the Clerk of the Orphans'Court,Cumberland County Courthouse,Carlisle, PA 17013, aforesaid prior to the confirmation of said Account and Schedule of Proposed Distribution scheduled as set forth below. UNLESS written exceptions or objections are filed prior thereto, said Account will be presented by the Clerk of the Orphans'Court to the above-captioned Court in Court Room No. 1 (the courtroom is subject to change)of the Cumberland County Courthouse,Carlisle, Pennsylvania,at 9:30 a.m. prevailing time, on Tuesday, October 14, 2014, at which time said Account will be confirmed and distribution ordered in accordance with the Petition for Adjudication/Schedule of Proposed Distribution. MARTSON W OFFICES By: /�y Hubert XJ'froy, Esquire 10 East H Street Carlisle, 17013 (717) 243-3341 Attorney for Estate of John Gregory Christlieb Date of Notice: September 2, 2014 NOTICES TO: M&T Bank Capital One Bank Attn: Maryanna Mikolajek c/o Estate Information Services 100 Wherle Drive P.O. Box 1370 Special Services, Ground Floor Reynoldsburg, OH 43068-6378 Williamsville,NY 14221 Capital One Bank Pamela Christlieb c/o Philip& Cohen Associates, LLC 106 Pine Knob Road 1002 Justison Street Newville,PA 17241 Wilmington, DE 19801 Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 I t 1-g2. 13 RTILE5\Clients\12848 Christlieb\12848.2 Estate Greg\12848.2,=cani.wpd IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION JOHN GREGORY CHRISTLIEB, DECEASED NO. 21-10-0801 FIRST AND FINAL ACCOUNT OF PAMELA CHRISTLIEB, ADMINSITRATRIX OF THE ESTATE OF JOHN GREGORY CHRISTLIEB, LATE OF UPPER MIFFLIN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA Date of Death: June 14,2010 Date of Executor's Appointment: April 29, 1958 Letters Advertised: Sentinel - September 11, 18 & 25,2010 Cumberland Law Journal- September 17 & 24; October 1, 2010 Accounting for the period: June 14, 2010 - May 31,2013 Purpose of the Account: Pamela Christlieb, offers this account to acquaint interested parties with the transactions that have occurred during the administration. The account also indicates the proposed distribution of the estate. It is important that the Account be carefully examined. Requests for additional information or questions or objections can be discussed with: Hubert X. Gilroy, Esquire MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717)243-3341 ti c s M of :30 rn; G�) ZZ m = o ?`. N 7.7 0 C) C3 c M -n -n n C- C.O r M CA3 u2 C> N SUMMARY OF ACCOUNT Page Current Value Fiduciary No. Acquisition Value Proposed Distribution to Beneficiaries: 3 0.00 0.00 PRINCIPAL Receipts 2 1,792.13 Less Disbursements 2-3 -1,792.13 Balance Before Distributions 3 0.00 Distributions to Beneficiaries 3 0.00 Principal Balance on Hand 3 0.00 INCOME Receipts 3 0.00 Less Disbursements 3 0.00 Balance Before Distributions 3 0.00 Distributions to Beneficiaries 3 0.00 Income Balance on Hand 3 0.00 COMBINED BALANCE ON HAND 3 0.00 UNPAID CREDITORS 4 167,547.21 RECEIPTS OF PRINCIPAL Adams County National Bank checking 187291 1,597.97 M&T Bank checking 2689033302 194.16 TOTAL RECEIPTS OF PRINCIPAL 1,792.13 DISBURSEMENTS OF PRINCIPAL Administration expenses: M&T Bank, applied to outstanding line of credit, 12044435909596001 194.16 -2- Martson Deardorff Williams & Otto, costs advanced: The Sentinel & Cumberland Law Journal, advertising Letters Testamentary 273.16 Exemplified copies of Letters of Administration 120.00 Landex Title search .50 Stock Valuation fee 1.55 UPS mailing 6.40 Additional Probate fee 40.00 Filing fee, Inheritance Tax Inventory 15.00 Filing fee, Supplemental Inheritance Tax 15.00 471.61 Martson Law Offices, attorneys' fees paid from available Estate funds (balance of fees paid by Administratrix from personal funds) 1,126.36 TOTAL PRINCIPAL DISBURSEMENTS 1,792.13 DISTRIBUTION OF PRINCIPAL TO BENEFICIARIES None 0.00 TOTAL DISTRIBUTION OF PRINCIPAL TO BENEFICIARIES 0.00 PRINCIPAL BALANCE ON HAND Current Value Fiduciary Acquisition Value Estate checking account 0.00 0.00 PRINCIPAL BALANCE FOR DISTRIBUTION 0.00 0.00 RECEIPTS OF INCOME None 0_00 TOTAL RECEIPTS OF INCOME 0.00 DISBURSEMENTS OF INCOME None 0_00 TOTAL DISBURSEMENTS OF INCOME 0.00 -3- DISTRIBUTIONS OF INCOME TO BENEFICIARIES None 0.00 TOTAL DISTRIBUTIONS OF INCOME TO BENEFICIARIES 0.00 UNPAID CREDITORS M&T Bank, Line of Credit 12044435909596001 (Claim filed) 30,003.39 Capital One Bank, Philips & Cohen reference # 17351605 (Claim filed) 8,709.00 Capital One Bank, Estate Information Services reference # 2732453 (Claim 24,238.69 filed) Griffie & Associates, account payable for legal services (no Claim filed) 111.60 Pamela Christlieb, reimbursement for payments of Decedent's credit card from proceeds of life insurance policies which named her as beneficiary (No 104.484.53 claim filed) TOTAL DUE UNPAID CREDITORS: 167,547.21 -4- VERIFICATION Pamela Christlieb,Administratrix of the Estate of John Gregory Christlieb,deceased,hereby declares under oath that she has fully and faithfully discharged the duties of her office; that the foregoing First and Final Account is true and correct and fully discloses all significant transactions occurring during the accounting period; that all known claims against the Estate have been paid in full;that,to her knowledge,there are no claims outstanding against the Estate;that all taxes presently due from the Estate have been paid; and that the grant of Letters of Administration and the first complete advertisement thereof occurred more than four months before the filing of the foregoing First and Final Account. This statement is made subject to penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. ( /n 4 Pamela Christlieb Dated: -5- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA ORPHANS' COURT DIVISION FILE NO. 21-10 -0801 FIRST AND FINAL ACCOUNT OF PAMELA CHRISTLIEB, ADMINSITRATRIX OF THE ESTATE OF JOHN GREGORY CHRISTLIEB, LATE OF UPPER MIFFLIN TOWNSHIP, CUMBERLAND COUNTY,PENNSYLVANIA SCHEDULE OF PROPOSED DISTRIBUTION Pamela Christlieb,Administratrix of the Estate of John Gregory Christlieb,deceased,states that no payment will be made to the Unpaid Creditors listed in the First and Final Account,nor will any distribution be made to any heirs due to the insufficient funds in the Estate. Pamela Christlieb, Administrator Estate of John Gregory Christlieb Sworn an ub 'bed to before me this�It day of /�e, Z)oI y. 911c, �O!?w hk Notary Public COMMON WEw ogyip�A NOVictoria L Public Cazlisle Bor County M commissior20,2014 -6-