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HomeMy WebLinkAbout06-17-05 IN RE: The Estate of WINIFRED T. STEWART, Deceased : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : Orphans' Court Division : No. PETITION FOR THE SETTT ,EMENT OF A SMA T J, EST A TE TN ArrORDA NrE WITH 20 PAr S A SErTION 11 O? TO THE HONORABLE, THE JUDGES OF THE SAID COURT, The Petitioner, NELLIE T. HOCKING, by her attorney, Anthony L. DeLuca, Esquire, respectfully represents: 1. That the Petitioner, NELLIE T. HOCKING, is an adult individual, who resides at 825 North Hanover Street, Apartment 102, Carlisle, Cumberland County, Pennsylvania. 2. That the decedent, WINIFRED T. STEWART, died on November 12, 2003, and at the time of her death, was a resident of The Church of God Home, which is situated at 801 N. Hanover Street, Carlisle, Cumberland County, Pennsylvania. 3. That the decedent died testate and under ITEM 5 of her Last Will and Testament, the Petitioner, Nellie T. Hocking, is appointed the Personal Representative of the Last Will and Testament of Winifred T. Stewart. A copy of the Last Will and Testament of Winifred T. Stewart is attached hereto, marked as Exhibit "A", and incorporated herein by reference. 4. That the heirs of the Estate of Winifred T. Stewart are the Petitioner, Nellie T.~ Hocking, her niece, Barbara K. Hocking, and her nephew, Paul R. Pettry. 5. That under ITEM 2 of her Last Will and Testament the decedent de\'i~ed he~,':, undivided one-half interest in a leasehold interest in a cabin erected on Parcel C27K-ll in the Greenwood Hills Bible Conference as set forth in Franklin County Deed Book 1368, Page 622 situated in Greene Township, Franklin County, Pennsylvania unto her niece, Barbara K. Hocking. 6. That no person is entitled to the Family Exemption. 7. That the gross value ofthe personal estate ofthe decedent amounts to $12,667.00 . 8. That the property ofthe decedent consists of: A. A checking account, numbered 33-10647, at F&M Trust containing approximately $1,167.00; and B. An undivided one-half interest in a leasehold interest of a cabin situate in Greene Township, Franklin County, Pennsylvania, having an appraised value of $11,500.00. Said property is on leased land, has limited appeal and cannot be disposed of without the written consent of the lessor. 9. That the Department of Public Welfare maintains a claim in the amount of $8,305.08 against the Estate of Winifred T. Stewart. A copy ofthe Claim ofthe Department of Public Welfare is attached hereto, marked as Exhibit "B", and incorporated herein by reference. 9. That the names of all unpaid claimants of whom the Petitioner has notice or knowledge are: A. Department of Public Welfare ------------------------------------ $8,305.08 B. Filing Fees for Inheritance Tax Return and Inventory --- 30.00 C. Anthony L. DeLuca, Esquire -------------------------------- 300.00 D. Filing Fee for Small Estate Petition ------------------------_ l'i 00 $8,650.08 10. That a schedule of assets and deductions for inheritance tax purposes will be filed with the Register of Wills. 11. That the Department of Public Welfare recognizes the Estate to be insolvent and does not intend to enforce its claim against the Estate of Winifred T. Stewart and, therefore, Petitioner avers that twenty (20) days prior written notice of the intention to file such Petition be waived. A copy of a letter from the Department of Public Welfare dated April 26, 2005 is attached hereto, marked as Exhibit "C" and incorporated herein by reference. WHEREFORE, Petitioner prays that the Court direct distribution of the property of the said Winifred T. Stewart in the following manner: 1. That the checking account at F&M Trust, numbered 33-10647, be closed and the proceeds distributed as follows: A. Filing Fees for Inheritance Tax Return and Inventory ------------- 30.00 B. Anthony L. DeLuca, Esquire ------------------------------------- 300.00 C. Filing Fee for Small Estate Petition ------------------------------- 15.00 2. That the Petitioner be authorized to pay the Register of Wills the sum of $30.00, which represents the filing fee for the Inheritance Tax Return and Inventory; 3. That Anthony L. DeLuca, Esquire be compensated in the amount of $300.00 for services rendered in this matter i 4. That the Petitioner, as the Personal Representative, be compensated in the amount of the balance left in the F &M Trust checking account; 5. That the undivided one-half interest in the leasehold interest in the cabin erected on Parcel C27K -11 in the Greenwood Hills Bible Conference as set forth in Franklin County Deed Book 1368, Page 622 situated in Greene Township, Franklin County, Pennsylvania be devised unto her niece, Barbara K. Hocking, as directed by ITEM 2 ofthe Last Will and Testament of the decedent, Winifred T. Stewart. Respectfully submitted, ~~y~~, Anthony L. D uca, Esquire . ~ 113 Front Street P.O. Box 358 Boiling Springs, P A 17007 Telephone (717)258-6844 Attorney I.D. No. 18067 VFRfFTrATTON I hereby verify that the facts and infonnation set forth in the foregoing Petition for the Settlement of a Small Estate in accordance with 20 P A C.S.A. Section 3102 are true and correct to the best of my knowledge, information, and belief I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: f.laY:-.31i20'95:' _ --->4c,-~~. _ ,? I (~(ZRfi-<, ..e~ T: )J~"'C./E>V7vr ELLIE T. HOCKING (1 , ",,;.\::... ) ,z ;,~ :, '" \:1 " '\ ~.--.. 'i"'-.. i .~/ '~.' " li I ;~ '>I, J" } \>~ " ,) lfLast 21fiU an~ 'QJestament I, Winifred T. Stewart, a resident of the Borough of Chambersburg, Franklin County, Pennsylvania, being of sound mind, memory and understanding, do make, publish and declare this to be my Last Will and Testament, hereby revoking and making null and void all former Wills by me at any time heretofore made. ITEM 1: I direct that all my ju~! de,bts and,funeF;:ll e.XP6.I1&6.$ $haU be paid from the assets of my estate as soon as practicable after my decease. .~ ITEM 2: I give and devise my undivided one-half interest in a leasehold interest for property lying and being situate in Greene Township, Franklin County, Pennsylvania, being a cabin erected on Parcel C27K-11 in the Greenwood Hills Bible Conference as more fully set forth in Franklin County Deed Book Volume 1368, Page 0622 to my niece, Barbara K. Hocking. ITEM 3: I give, devise and bequeath 75% of all the rest, residue and remainder of my estate, real and personal, whatsoever and wheresoever situate, to my sister, Nellie T. Hocking and 25% to my nephew, Paul R. Pettry, provided, however, that shOldl.g.AJJX.~j _ . , devise and bequeath her 75% share to my niece, Barbara K. Hocking, and should my nephew,Paul R. Pettry, predecease me, I give, devise and bequeath his 25% share to his wife, Doris Pettry. ITEM 4: I direct that all taxes that may be assessed in consequence of my death, of whatever nature and by whatever jurisdiction imposed, shall be paid from the principal of my residuary estate as a part of the Page 1 of a Two Page Will EXHIBIT "A" expense of the administration of my estate. ITEM 5: And 1 do hereby constitute and appoint my sister, Nellie 1. Hocking, Executrix of this, my Last Will and Testament. Should my sister, Nellie 1. Hocking, predecease me or cease to act as Executrix, I constitute and appoint my nephew, Paul R. Pettry, Executor of this, my Last Will and Testament. I hereby authorize and empower my sister, Nellie 1. Hocking, as Executrix aforesaid, and my nephew, Paul R. Pettry, as Executor aforesaid, to time of my 'de~Hrari(f;t6'ffi"~ke, execute,"ac: 0 deeds to the purchaser or purchasers thereof, the same as I could do if living. direct that my sister, Nellie 1. Hocking, as Executrix aforesaid, and my nephew, Paul R. Pettry, as Executor aforesaid, shall not be required to post bond for the faithful performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal this I f~ "j. iil day of \,,'e..-\.)'<'\..J.D..:n.Ji\ ,1999. L, l-)'I-J~>/'.c</,_'-'r~ "it;~~:;~~~. J,. (SEAL) Winifred 1. Stewart ~ ~ her request and in the presence of each other have hereunto set our hands as attestiD.~~itn e~:e~.,. ,/ v',<' '-.....'\A/ / ,/ //; ;/ ,"d. ~/~<--;:-t'-.-,,- . .,' J'.L ,1'A' 1'/' ~,~.. /" .. .~/ '6)vilr I' ' " fA-- ~ .. 6 ':r:.').' ......2.. ,.{'j t. ,. --, /' . . i "(":, - - .. ,_._ \ I ..." -,.J ~-.',-,.") (. C.'-.o/~,.',(J-' L,.,LCt r'~.' - 101-"-'. G/./ /./ ('--'( .. ~..' '., ,_ . I' . '. - . I .1)1.C""<':;, :'~-{-';.-,..cc: .,," , .2e t Address "{ Cj W /-, V'\ l, t. I '1 L0t\:-\. We ,,-+ St-'~"v\>/')'\!A.:> ( hf.1 r ~ d 5 {, Address Page 2 of a Two Page Will _._--~-_._-_._..-----'--~_..-.-- . COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE BUREAU OF FINANCIAL OPERATIONS DIVISION OF THIRD PARTY LIABILITY ESTATE RECOVERY PROGRAM PO BOX 8486 HARRISBURG, PA 17105-8486 February 9, 2004 BARBARA HOCKING 417 N HANOVER ST CARLISLE PA 17013 Re: WINIFRED STEWART CIS #: 330163879 SSN: 175-03-4543 D~\t.--Q...9f--~aJ:-h+-J~-+-2 0 "3 ---. Dear Ms hocking: Please be advised that the Department of Public Welfare is attempting to recover the monetary value of any and all eligible assets in the subject estate. Although the amount in the estate may be considerably less than that which is owed to the Department, our claim is against the estate, no one else. Your responsibilities, as the primary next of kin/administrator/executor, is to advise the Department of any assets in the estate and to insure that the remaining money, after all funeral and administrative costs are deducted, is sent to the Department. The Department of Public Welfare maintains a claim in the amount of $8,305.08 against the above-mentioned estate. This claim is for restitution of medical assistance granted on behalf of the decedent for which the Probate Estate is now responsible to reimburse the Department according to Act 49, 62 P.S. 1412, effective August 15, 1994, as amended by Act 20-95, effective June 30, 1995. Enclosed is the Department's itemized statement of claim. A portion of this medical expense, namely $8,305.08, was incurred during of the decedent's life; therefore, it is a Class 3 claim 3392 of the Decedents, Estates, and Fiduciaries Code, 20 The balance of the claim, namely $.00, is to be entered Gclaim against the estate, - the last six months pursuant to Section Pa. C.S .A. 3392 (3) . as ap'l?-icri ty Class Please acknowledge receipt of this letter and advise when payment may be expected. If the estate accounting is complete, please provide a copy. If the estate contains r~al estate, please provide copies of the deed, the latest tax assessment and a current appraisal, if available. Sincerely, Y? ~. 11/1/ ~~~.~. Brian M. Holler Claims Investigation Agent 717-772-6607 717-705-8150 FAX Enclosure EXHIBIT liB" ~ *' COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE BUREAU OF FINANCIAL OPERATIONS DIVISION OF THIRD PARTY LIABILITY ESTATE RECOVERY PROGRAM PO BOX 8486 HARRISBURG, PA 17105-8486 April 26, 2005 ANTHONY DELUCA ATTORNEY AT LAW 113 FRONT STREET POBOX 358 BOILING SPRINGS PA 17007 Re: WINIFRED STEWART SSN: 175-03-4543 Dear Attorney: Pursuant to your letter dated April 14, 2005, the Department of Public Welfare (DPW), Estate Recovery Program, has reviewed the information you provided regarding the above-referenced estate. It has been determined that the above-referenced individual did receive Medical Assistance. Based on the information you provided and a review of the Department's records, the Department's Estate Recovery Program will not seek any recovery from this estate. If the circumstances involving this estate change and the estate is probated or a small estate petition is filed, please notify the Department at the above listed address. If you have any questions, please feel free to contact me. Sincerely, J3~ ,",~ Brian M. Holler Claims Investigation Agent 717-772 -6607 717-705-8150 FAX f,.t EXHIBIT "e"