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HomeMy WebLinkAbout08-14-15 f i � 2, 7- 43 DECEDENT'S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION He-(Ch -A-• 5ChacJ ESTATE OF , DECEASED No. 2012-00813 rn PETITION FOR ADJUDICATION/ �, �''', c� STATEMENT OF PROPOSED DISTRIBUTION Cn PURSUANT TO Pa. O.C. Rule 6.9 �=' �' rn rn m a C: 7� ZE ri This form may be used in all cases involving the Audit of the Account of a Decedent's Estate If rn Co space is insufficient, riders may be attached. Attach the spouse's election, if:any; the pcors U' required under items 8-19 inclusive; and any instrument pertinent to the adjudication. INCL UDE ATTACHMENTS A T THE BACK OF THIS FORM. Name of Counsel: THOMAS E. FLOWER Supreme Court I.D. No.: 83993 Name of Law Firm: FLOWER LAW, LLC Address: 10 W.HIGH ST, CARLISLE, PA 17013 Telephone: (717)243-5513 Fax: (717)241-4021 Form OC-01 rev.10.13.06 Page I of 10 Estate of CUMBERLAND , Deceased I. Name(s) and address(es) of Petitioner(s): Name: DENNIS J.SCHAD Address: 310 SHATTO DRIVE CARLISLE,PA 17013 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? . . . . . . . . . . . . . . . . . . . . . P1, Yes No If not, identify prior accountings, the accounting periods covered, and the date of adjudication of the prior accounting. 2. Decedent died on JULY 11, 2012 Letters Testamentary or Letters of Administration were granted to Petitioner(s) on JULY 26. 2012. Date of Will (if applicable): AUGUST 30, 1996 Date(s) of Codicil(s) (if applicable): N/A Date of probate (if different from date Letters granted): N/A Was a bond required?E]Yes Q No If yes, state amount: Are proofs of advertising of the grant of Letters attached? . . . . . . . . . 0 Yes El No Dates of advertising of the grant of Letters:LAW JOURNAL: 02/06/15, 02/23/15 & 02/20/15; THE SENTINEL: 01/28/15, 02/04/15 & 02/1.1/15 Form OC-01 rev. 10.13.06 Page 2 of 10 Estate of CUMBERLAND , Deceased 3. Was decedent survived by a spouse? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0Yes 0 No If yes,name of the surviving spouse: 4. Has the surviving spouse filed to take an elective share? . . . . . . . . . . . . . OYes Q No (See Section 2201 et sit. 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): N/A 6. Did decedent marry after execution of Will or Codicil(s)? . . . . . . . . . . . CJ Yes ✓! No Were any children born to decedent after execution of Will or Codicil(s)? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ®-1 Yes `0 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? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 Yes 0 No Form OC-0/ rev.10.13.06 Page 3 of 10 Estate of CUMBERLAND , Deceased 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. 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 of Each Party in Interest I Relationship and Comments,if any I Interest MICHAEL SCHAD SON 1/4 256 Hidden Spring Lane Langhorne, PA 19047 DENNIS SCHAD SON 1/4 320 Shatto Drive Carlisle, PA 17013 Fonn OC-01 rev.10.13.06 Page 4 of 10 Estate of CUMBERLAND , Deceased Name and Address of Each Part},in Interest I Relationship and Comments.if any I Interest STEPHEN SCHAD SON 1/4 4335 Somers Ave Oakford, PA 19053 TIMOTHY SCHAD SON 1/4 1.27 Limestone Drive Reading, PA 19606 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). 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-01 rev. 10.13.06 Page 5 of 10 Estate of CUMBERLAND , 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 Will Claim Admitted? Be Paid In Full? PA DEPT OF HUMAN SERVICES 7,695.58 Yes El Yes DIVISION OF 3rd PTY. LIABILITY [:]No WNo ESTATE RECOVERY SECTION E]Yes 0Yes E]No E]No Yes El Yes E]No O No Yes El Yes E]No 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 RINo Was family exemption allowed? . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes RINo Family exemption claimant's name and relationship: Name: Relationship: Form OC-01 rev.10.13.06 Page 6 of 10 Estate of CUMBERLAND , 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 0.00 0.00 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: NONE. B. Has notice of the question requiring adjudication been given to the parties identified in Paragraph 9 above? . . . . . . . . . . . . . . . . . . E]Yes 0 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 CUMBERLAND , Deceased 16. Had the decedent been adjudicated an incapacitated person? . . . . . . . . . . E3 Yes M 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. NONE. 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: 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? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . OYes 0 No If so, attach a copy of the notice. 19. Is the Court being asked to direct the filing of a Schedule of Distribution? . . . . . . . . . . . . . . . . . . . . . . . . . . DYes WlNo As to real estate only? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [WsYes MNo Form OC-01 rev.10.13.06 Page 8 of 10 Estate of CUMBERLAND , 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 Distribuiee(s) Amount/Proportion NONE. B. Principal: Proposed Distributee(s) AmoundProportion NONE. Submitted By: (All petitioners must sign. Add additional lines if necessary): Name of Petitioner:DOONIS J. SCHAD Name of Petitioner: Form OC-01 rev.10.13.06 Page 9 of 10 Estate of CUMBERLAND , Deceased Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that he/she is title of the above-named name ofcorporation 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 Petition *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. <J_kq7/__ Signature of Counsel for Petitioner Form OC-01 rev. 10.13.06 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 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: February 6, February 13, and February 20 , 2015 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 Coyn/, Editor SWORN TO AND SUBSCRIBED before me this 20 day of February, 2015 Schad,Helen A.,'dec'd. Notary Late of the Borough of Carlisle. Executor: Dennis J. Schad c/o Flower Law, LLC, 10 West High Street, Carlisle,PA 17013. Attorneys: Flower Law, LLC, 10 West High Street, Carlisle, PA COMMONWEALTH OF PENNSYLVANIA 17013. NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE KORO..CUMBERLAND CNTY My Commission Expires Apr 28.2018 PROOF OF PUBLICATION State of Pennsylvania, County of Cuinberland Cathy Clark, Advertising Director, 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 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 January 28,2015 and February 4, 2015 and February 11 2015 COPY OF NOTICE OF PUBLICATION NOTICE OF GRANT OF LETTERS TESTAMENTARY — Letters Testamentary in the Estate of HELEN A.SCRD;d ceased,late of I' Affiant further deposes that he/she is not the Borough of Carlisle,Cumberland County,Pennsylvania,have been granted to the undersigned. interested in the subject matter of the All persons knowing themselves to be indebted to the said estate will make aforesaid notice or advertisement,and that payment immediately,and those having claims will present them for settlement to: all allegations in the foregoing statement as Dennis J Schad,Executor to time,place and character of publication c/o FLOWER LAW,LLC 10 West High Street a true. Carlisle,PA 17013 Sworn to and subscribed before me this 11�vl dau- d ' h( U-somu LM - A U. f n65 Notary Pu lic My commission expires: Notarial seal Bethany M.Holtry,Notary Public cadisie Bolo,Cumberland coanty My Comm6won Expires Sep-26.2015 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: THE ESTATE OF HELEN A. SCHAD, No. 2012-00813 deceased Late of Carlisle Borough CERTIFICATION OF NOTICE I hereby certify that written notice of the date,time and place of presentation of the First and Final Account for the Estate of Helen A. Schad for audit has been given by first class mail on August 12, 2015, to every unpaid claimant who has given written notice of a claim and to every other person known to have or to claim an interest in the estate as beneficiary, creditor, heir or next of kin pursuant to Pennsylvania Orphans' Court Rule 6.3. Date: 7—Z/ C\ J V D Thomas E. Flower, Esquire Attorney I.D.No. 83993 Flower Law, LLC 10 West High Street Carlisle,PA 17013 (717) 243-5513 FLOWER LAW, LLC 10 W. HIGH STREET CARLISLE, PA 17013 James D. Flower, Jr. (1953-2013) PHONE: (717)243-5513 Thomas E. Flower FACSIMILE: (717)241-4021 August 11, 2015 Department of Human Services Bureau of Program Integrity Division of Third Party Liability Recovery Section P.O. Box 8486 Harrisburg, PA 17105-8486 Attention: Elvetta E. Knox In re: The Estate of Helen A. Schad CIS #750315729 NOTICE OF ACCOUNT Dear Creditor: This letter will advise you, as required by law, that the First and Final Account of Dennis J. Schad, Executor of the above-referenced estate, has been filed for Audit with the Orphans' Court Division of Cumberland County Court of Common Pleas, in Carlisle, Cumberland County, Pennsylvania. The Account, which does not include a Schedule of Proposed Distribution, will be presented for audit, confirmation and distribution on October 13, 2015, at 9:30 a.m. A copy of the Account is enclosed. If you have no objections to the Account, or the matters set forth within the Account,no action is required. However, if you should have any objection to the transactions shown in the Account, or omitted from the Account, you must file with the Clerk of the Orphans' Court Division,prior to the date and time of audit, and in writing, objections thereto in conformity with the Cumberland County Orphans' Court Rules. In the absence of timely written objections, the Court will assume that you, as beneficiary, have no objections to the Account and the right to object will be waived. However, if you should have any questions or objections, we would appreciate your contacting us so that we can attempt to resolve any problems informally. Very truly yours, FLOWER LAW,LLC Thomas E. Flower Enclosure List of parties receiving notice of the filing of the within Account: MICHAEL SCHAD 256 Hidden Spring Lane Langhorne, PA 19047 DENNIS SCHAD 320 Shatto Drive Carlisle, PA 17013 STEPHEN SCHAD 4335 Somers Ave Oakford, PA 19053 TIMOTHY SCHAD 127 Limestone Drive Reading, PA 19606 PA DEPT OF HUMAN SERVICES DIVISION OF 3rd PTY. LIABILITY ESTATE RECOVERY SECTION 2 �151,�13 First and Final Account of Dennis J. Schad,executor Estate of Helen A.Schad,deceased File No.: 2012-00813 Date of Death: July 11, 2012 Date of Executor's Appointment: July 26, 2012 First Complete Advertisement of Grant of Letters: February 6, 2015 Accounting for the Period: July 11, 2012-June 15,2015 Receipts of Principal: Funds on deposit: M&T Bank checking acct.#3740136126 $ 2,857.93 Total principal receipts: $2,857.93 Debts: Department of Human Services, MA estate recovery' ( 1,577.43) $1,280M ::0> M c ca M c->. Funeral and Administration Expenses:, M o o Bucks County Courier Times, Obituary: $ 50.00 0 St. Charles Bormeo Church,funeral service: $500.00 Probate fee: $ 85.00 Tax return filing fee: $ 15.00 -' ; W rn Attorney fee: $375.00 -y clt o Account filing and advertisement fees: $255.50 Total expenses: ($1,280.50) 0.00 There was no income and no distribution to beneficiaries. No executor's fee is claimed. Requests for additional information or questions or objections can be discussed with: Thomas E. Flower, Esquire FLOWER LAW, LLC 10 West High Street Carlisle, PA 17013 (717) 243-5513 1 The total amount of DPW's claim is acknowledged to be $7,695.58. COMMONWEALTH(JFPENNSYLVANIA) : 33. COUNTY OF CUMBERLAND) Dennis J.Schad, Executor under the Last Will and Testament of Helen A. Schad, deceased, hereby declares under oath that he has fully and faithfully discharged the duties of his 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, which are shown as paid in the foregoing account, have been or will be paid in full;that,to his knowledge,there are no claims nom/outstanding against the estate, except that all taxes presently due from the estate have been pod Dennis J.Schad, or ~ ` Sworn toand subscribed before nme � � this_��_ day of 2015. ~ ,-__j Notary Public Ci.)MMONWEALTH OF PENNSYLVANIA NOTA I L SEAL Thomas E.Flower,NotarY Public Carilgle Soto,Cumberland County ` �