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Home My WebLink About07-12-84 IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS F CUMBERLAND COUNTY, PENNSYLVAN A ORPHANS' COURT DIVISION CLARA E. BURNHISEL, also known as CLARA E. COMP, DECEASED LATE OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA NO. 21-78-590 PETITION PURSUANT TO PA. C.S. ~5101 FOR APPROVAL OF ATTORNEY FEES AND DISTRIBUTION WITHOUT GUARDIAN TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petition of WAYNE F. SHADE, Esquire, Executor of the Estate of CLARA E. BURNHISEL, also kno~~ as CLARA E. COMP, Decease, respectfully represents, as follows: 1. Petitioner WAYNE F. SHADE is an adult individual and an attorney at law certified to practice in the Commonwealth of Pennsylvania by the Court Administrator of Pennsylvania with offices at Five South Hanover Street, Carlisle, Cumberland County, Pennsylvania. 2. Petitioner is the Executor of CLARA E. BURNHISEL, also known as CLARA E. COMP, Deceased, by virtue of the Last Will and Testa- ment of the said Decedent, dated June 22, 1977, and admitted to probate herein. 3. MICHAEL J. MORRIS, formerly MICHAEL L. BERNHISEL, is a minor child who was adopted by DAVID K. MORRIS and RUTH E. MORRIS by WAYNE F. SHADE virtue of the Order of this Court in the person of the Honorable Attorney at Law 5 South Hanover Street Carlisle. Pennsylvania 17013 ", tJ,J P;~Jt 1;0;': Dale F. Shughart, P.J., dated June 12, 1981. 4. MICHAEL J. MORRIS was born MICHAEL L. BERNHISEL on August 16, 1973, to Clara E. Burnhisel, also known as Clara E. Camp, and allegedly to Frank L. Burnhisel, also known as Frank L. Bernhisel. 5. It is further alleged that four previous children born to Clara Edna Camp, all of whom are now adults, namely Elsie I. Miller, Janet L. Benner, Frank E. Camp and Wanda M. Wolfe, were the children of Frank L. Burnhisel. 6. Although the said Clara E. Camp was not ceremonially married, the said Clara E. Camp assumed the name of Clara E. Burnhisel. 7. FRANK L. BURNHISEL died intestate on September 10, 1975, leaving to survive him two children, Alice L. Wallace and Laura M. (Cornett) Garner, who were ultimately appointed administratrici s of his estate. Also living at the time of the death of Frank L. Burnhisel were the said Clara E. Burnhisel, Elsie I. Miller, Janet L. Benner, Frank E. Camp, Wanda M. Wolfe and Michael L. Bernheisel, now Michael J. Morris. 8. The said CLARA E. BURNHISEL with now MICHAEL J. MORRIS and he other four children consulted Wayne F. Shade, Esquire, in July of 1976 with regard to the filing of claims of inheritance against WAYNE F. SHADE the estate of FRANK L. BURNHISEL. Attorney at Law 5 South Hanover Street Carlisle. Pennsylvania 17013 _ 2 _ ul,~:; :111 f'~GE 70~J 9. The said CLARA E. BURNHISEL died on October 4, 1978. 10. Negotiations between the said Wayne F. Shade, Esquire, and William A. Kramer, II, Esquire, resulted in a settlement which was approved by your Honorable Court in the person of the Honorable Dale F. Shughart, P.J. by Order of Court dated December I, 1981, and filed in the Estate of FRANK L. BURNHISEL, Deceased, at No. 21-75-504 of the record of Cumberland County, Pennsylvania. 11. Said settlement provided for distribution of one-half of the net Estate of FRANK L. BURNHISEL to ALICE L. WALLACE and LAURA M. CORNETT and distribution of the remaining half in equal shares to the said five children of CLARA E. BURNHISEL. 12. Distribution of the liquidated portion of the Estate to the said MICHAEL J. MORRIS was approved by the aforesaid Order of December I, 1981, with the minor's share being deposited in an interest-bearing account insured by the Federal Deposit Insurance Corporation to be held until the said minor attains the age of eighteen (18) years. 13. Total distributions in said account to date are $1,722.45. 14. WAYNE F'. SHADE A portion of the Estate of FRANK L. BERNHISEL which passed in equal shares to the said five children of CLARA E. BURNHISEL wa Attorney at Law 5 South Hanover Street Carlisle, Pennsylvania 17013 ......,'''1'' i..,-,,--)i.. ~~.j_1 f~~[ ',lie) - 3 - the undivided one-half interest of the said FRANK L. BERNHISEL in a tract of unimproved land situate in Saville Township, Perry County, Pennsylvania. 15. Sale of said tract of land was approved by this Court in the person of the Honorable Harold E. Sheely, P.J., by Order of Court herein dated April 25, 1984. 16. The owner of the other undivided one-half interest in said real estate was the said CLARA E. BURNHISEL, also known as CLARA E. CaMP, Deceased. 17. The share of the said MICHAEL J. MORRIS in said undivided one-half interest of CLARA E. BURNHISEL was an equal one-fifth thereof by virtue of Item Second of her Last Will and Testa~ent dated June 22, 1977, and admitted to probate as above-captioned. 18. The only asset in the estate of the said CLARA E. BURNHISEL other than miscellaneous personal property of less than $500.00 in value was the undivided one-half interest in said real estate. 19. After closing upon the sale of said real estate on June 8, 1984, and payment of all expenses of the Estate of the said CLARA E. BURNHISEL, also known as CLARA E. CaMP, Deceased, including the counsel fees requested herein, there will remairl for distribu- WAYNE F. SHADE tion to the said MICHAEL J. MORRIS approximately $1,650.00. Attorney at Law 5 South Hanover Street Car1i$le. Pennsylvania 17013 - 4 - ~. :";0 ,\ ill P~0t :il1 , -- . . 20. Petitioner has expended approximately 70 hours as Executor and counsel in the nearly six (6) years since the death in an effort to settle all of the complex issues in the Estate of CLARA E. BURNHISEL, also known as CLARA E. COMP, Deceased. 21. At the date of death of the said CLARA E. BURNHISEL, also known as CLARA E. CaMP, Deceased, the said MICHAEL J. MORRIS was five years of age, and substantial periods of time were expended as an intermediary between the guardian of the child appointed in the Will of his mother and Childrens Services with ultimate placement for adoption through Childrens Services. 22. In addition, settlement of the Estate required extensive legal efforts to clear title to the only significant asset, the Perry County real estate. These efforts included extensive attempts to resolve with neighboring landowners the disputes concerning the boundaries of the property which were described in the recorded deed by adjoiners only. 23. When efforts to clear the title without litigation were ultimately unsuccessful, it was necessary to proceed to a conteste quiet title trial with a view, the result of which was a Decree which was completely and specifically consistent with Plaintiff's position in the negotiating process. WAYNE F. SHADE Attorney at Law 5 South Hanover Street Carlisle. Pennsylvania 17013 :'~J,': I.LL P~0E ';;1;2 - 5 - 24. The portion of the legal fees in settling the Estate attribu- table to the minor's share is $800.00. WHEREFORE, Petitioner respectfully requests that your Honora- ble Court approve his requested legal fee and authorize distribu- tion of the net balance for the benefit of the said MICHAEL J. MORRIS by deposit in an interest-bearing account insured by the Federal Deposit Insurance Corporation to be held until the minor attains the age of eighteen (18) years. (v~t:~ Wayne E. a.e Petitioner :'... :,Jt\ ; " ill PAbt , -, -I ,-I I ..i ,) WAYNE F. SHADE Attorney at Law 5 South Hanover Street Carlisle, Pennsylvania 17013 - 6 - COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND ) WAYNE F. SHADE, Esquire, being duly sworn according to law, deposes and says that he is the Petitioner in the fon.:going Petiti n and that the facts set forth therein are true and correct to the best of his knowledge, information and belief. altnt. ~ Hayne . Sha e Sworn to and subscribed before me this 3~ day of J~ , 1984. "'lltli/Ii." - :< 0 ' 'I"'" .,' , ". ,-'!. " , ,\ ,'" '. '. .. '" "I "" -" ," ,-,... 1\ It,:.~' :: G, '.:t~ " 2> ". \"' : : .,();'i} ,~c _,~.".~~ULTZ, Notary Pu 'c ". . 'lI.y COf!)misi;~ :l:xpires/~ '~-,f~ "('"crlislo,,!f!. '":".f Cumherland County . .,'\','....U: l,' r- V\, ""J ," .....,. ..., , ". ,r\",' "?\\~,.,.' ,..' WA YNE F. SHADE Attorney at Law 5 South Hanover Street Carlisle. Pennsylvania 17013 '--,' '_'1\ .,' ,; ,,' f'I"l.'~, .\..,L.L f;~uf. y , . IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS 0 Cl~BERLAND COUNTY, PENNSYLVANI ORPHANS' COURT DIVISION CLARA E. BURNHISEL, also known as CLARA E. COMP, DECEASED LATE OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA NO. 21-78-590 ORDER OF COURT AND NmoJ, this ',L r-If-day of July, 1984, upon consideration of the within Petition and upon motion of Wayne F. Shade, Esquire, it is ordered and decreed, as follows: 1. Attorney fees for Petitioner from the inheritance share of Michael J. Morris are approved in the amount of $800.00; and 2. Distribution of the net balance for the benefit of the said Michael J. Morris by deposit in an interest-bearing account insured by the Federal Deposit Insurance Corporation to be held until the minor attains the age of eighteen (18) years is hereby authorized. By the Court, l1 e0",," \ I=~ ~ Jt,Jc) / - P.J. WAYNE F. SHADE Attorney at Law 5 South Hanover Street Carlisle, Pennsylvania 17013 .. "," ,.; I' -t ,,' ,-;: ',""j'- l.:IJ'.,:\ _L .L I gc'L .,)