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HomeMy WebLinkAbout01-23-07 DECEDENT'S ESTATE COURT OF COMMG>N PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ORPHANS' COURT DIVISION ESTATE OF VIRGINIA A. MOONEY , DECEASED No. 21-05-1101 PETITION FOR ADJUDICATION / STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pao Ooc. Rule 609 o (-=.:o <.:D . I) ',) .'.-.0 ~~f::;:' '~JJ (/)7:::: CjC> -T(~) -n lJ =-l ~ => = --I <- :c:r-- :;~ This form may be used in all cases involving the Audit of the Account of a Decedent's Estate. If space is insufficient, riders may be attached Attach the spouse's election, if any; the papers required under items 8-19 inclusive; and any instrument pertinent to the acfjudication. INCLUDE ATTACHMENTS AT THE BACK OF THIS FORM. Name of Counsel: E. Ralph Godfrey, Esquire Supreme Court LD. No.: 77052 Name of Law Firm: Salzmann Hughes, P.C. Address: 354 Alexander Spring Road, Suite 1, Carlisle, P A 17015 Telephone: 717-249-6333 Fax: 717-249-7334 Form DC-OJ rev. 10.13.06 Page 1 of 10 N (.,.) ::0 \'T1 C) C-) 23 r" ,n i.:-::J (,,-::; ~.7; -~q . (") ,'n lj') C".-) -+Tl ~ ::;l: CE (..J'1 N Estate of VIRGINIA A. MOONEY , Deceased 1. Name(s) and addressees) ofPetitioner(s): Name: Leslie Cover Address: 810 Greenspring Road Newville, P A 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? . . . . . . . . . . . . . . . . . . . . . 0 Yes IZI No If not, identify prior accountings, the accounting periods covered, and the date of adjudication of the prior accounting. First & Final, 11/28/2005-09/05/2006; not adjudicated 2. Decedent died on November 28, 2005 IZI Letters Testamentary or o Letters of Administration were granted to Petitioner(s) on Date of Will (if applicable): September 2,2002 Date(s) ofCodicil(s) (if applicable): Date of probate (if different from date Letters granted): December 22, 2005 Was a bond required? DYes IZI No If yes, state amount: Are proofs of advertising of the grant of Letters attached? ......... 0 Yes IZI No Dates of advertising of the grant of Letters: The News Chronicle _ January 27,31 & Feb. 3,2006; Cumberland Law Joumal- February 3, 10 & 17,2006 Form OC-OJ rev. JO.13.06 Page 2 of 10 Estate of VIRGINIA A. MOONEY , Deceased 3. Was decedent survived by a spouse? .. . . . . .... . .. . . . . .... ... . . . .. DYes IZINo If yes, name of the surviving spouse: 4. Has the surviving spouse filed to take an elective share? ............. D Yes IZI No (.See Section 2201 et seq. of the Probate, Estates and Fiduciaries Code) If yes, date of election: 5. In the case of an intestacy, state the name~ of the decedent's surviving children or surviving issue of deceased children (if none, so state): 6. Did decedent marry after execution of Will or Codicil(s)? . . . . . . . . . .. DYes IZI No Were any children born to decedent after execution of Will or Codicil(s)? . . ... . .... . . . ....... . . . . .... .... . . . . . . . .... DYes IZI 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? . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. IZIYes 0 No Form OC-OJ rev. JO.13.06 Page 3 of 10 Estate of VIRGINIA A. MOONEY , 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 ifthere 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, if any Interest Leslie Cover 810 Greenspring Raod NewvillePA 17241 daughter 1/4 Juanita Kennedy 23South High Street Newville, P A 17241 daughter 1/4 Form OC-OI rev. 10.13.06 Page 4 of 10 Estate of VIRGINIA A. MOONEY , Deceased Name and Address of Each Party in Interest Relationship and Comments. if anv Interest Christine Holmes 1237 York Road Mechanicsburg, P A 17055 daughter 1/4 . Richard M. Mooney 510 First Street Carlisle, P A 17013 son 1/4 B. Identify each party who is not sui juris (e.g., minors or incapacitated persons). F or 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 GuardianITrustee Ad 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. Form OC-OI rev. 10.13.06 Page 5 of 10 Estate of VIRGINIA A. MOONEY , 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? DYes DYes DNo DNo DYes DYes DNo DNo DYes DYes DNo DNo DYes DYes DNo DNo 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? ............................... . DYes IZINo DYes DNo Was family exemption allowed? ............................... . Family exemption claimant's name and relationship: Name: Relationship: Form DC-OI rev. 10./3.06 Page 6 of 10 Estate of VIRGINIA A. MOONEY , Deceased 12. The amount of Pennsylvania Transfer Inheritance Tax and additional Pennsylvania Estate Tax paid, the date(s) ofpayment(s), and the interest(s) upon which paid, are as follows: Date Payment Interest 06/21/2006 1,315.10 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 ofa fiduciary? . . . . . . . . . .... . . . . .. DYes lZJ 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? .................. D Yes D No 15. IfPetitioner(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 DC-OI rev. 10.13.06 Page 7 of 10 Estate of VIRGINIA A. MOONEY , Deceased 16. Had the decedent been adjudicated an incapacitated person? . . . . . . . . . . DYes IZI 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? ............. D Yes D No 18. If a reserve is requested, state amount and purpose. Amount: 7,450.00 Purpose: fees 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? ........................................ IZIYes DNo If so, attach a copy of the notice. 19. Is the Court being asked to direct the filing of a Schedule of Distribution? ......................... . DYes IZINo As to real estate only? ....................................... . DYes IZI No Form DC-OJ rev. JO.13.06 Page 8 of 10 Estate of VIRGINIA A. MOONEY , 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 B. Principal: Proposed Distributee(s} Amount/Proportion Leslie Cover 2673.31 Richard Mooney 2673.31 Juanita Kennedy 2673.31 Crristine Holmes 2673.31 Submitted By: (All petitioners must sign. Add additional lines ifnecessary): ~~ ame of PetItIOner: Leslie Cover Name of Petitioner: Form DC-OJ rev. JO.13.06 Page 9 of 10 Estate of VIRGINIA A. MOONEY , Deceased Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that he/she she is title Executor of the above-named name of corporation 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 * 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. Form OC-OJ rev. JO.13.06 Page 10 of 10 S~;\LZMANN HlTGHES, P.C. Attorneys & Counselors at Law G. BRYAN SALZMANN, ESQ. JAMES D. HUGHES, ESQ. ADAM R. SCHELLHASE, ESQ. JAY W. WALDMAN, ESQ. DONALD E. LEFEVER, ESQ. ANN F. DEPAULIS, ESQ. PATRICIA R. BROWN, ESQ. NORMA J. BARTKO, ESQ. WILLIAM W. THOMPSON, ESQ. MELISSA K. DIVELY, ESQ. E. RALPH GODFREY, ESQ. REBECCA R. HUGHES, ESQ. SU5ANN B. MORRISON, ESQ. LAURA REBECCA ABLES, ESQ.- DONNA L. GODFREY, ESQ. DA VID H. MARTINEAU, ESQ. SCOTT B. GRANGER, ESQ. KURT E. WILLIAMS, ESQ. - Also Admitted to Georgia Bar 354 Alexander Spring Road. Suite 1 . Carlisle, PA 17015 . (717) 249-6333 . Fax: (717) 249-7334 455 Phoenix Drive' Suite A . Chambersburg, PA 17201 . (717) 263-2121 . Fax: (717) 263-0663 3 Park Plaza. Wyomissing, P A 19610 . (610) 898-8500 . Fax: (610) 898-8050 105 N. Front Street . Suite 401 . Harrisburg, PA 17101. (717) 232-9420. Fax: (717) 232-1970 Please reply to: Carlisle Office Paralegals PAMELA R. BOLLINGER KAM S. CORNMAN JACQUELINE L. DRAWBAUGH STEPHANIE A. LINDSAY EMILY C. MYERS SHARLENE A. KOYSTE KAREN E. SHUKER January 18,2007 Christine Holmes 123 7. York Road Mechanicsburg, PA 17055 RE: ESTATE OF VIRGINIA A. MOONEY Dear Christine: Enclosed herewith is a copy of the Second and Final Account and Schedule of Proposed Distribution of Leslie Cover, Executor of the estate of Virginia A. Mooney, late of West Pennsboro Township, Cumberland County, Pennsylvania. You have heretofore received a copy of decedent's Last Will & Testament. NOTICE is hereby given that said Executor has filed the Second and Final Account and Schedule of Proposed Distribution in the aforesaid estate at the Office of the Register of Wills (Clerk of Courts), Carlisle, Cumberland County, Pennsylvania. The Second and Final Account and Schedule of Proposed Distribution will be presented for confirmation to the Orphans' Court of Cumberland County, Pennsylvania on March 6,2007, at 9:30 am. If you have any objection to any transaction shown in the account or omitted from the account, you must file with the Register of Wills (Clerk of the Orphan's Court Division) objections thereto in writing prior to audit, or appear in person or by counsel and present your written objections to the court at the audit. In absence of written objections, the court may assume you have no objection to the account. Very truly yours, SALZMANN HUGHES PC ~.----...... /---...... ,,-- / .~~~ -E~n':'QQ.QfreY;-Esq. ERG/jld Enclosure cc: Leslie Cover, Executor -----.' --. ~,._~----- CONCENTRATING IN ENV1RONMENTAL, LAND USE, CORPORATE, REAL ESTATE, MUNICIPAL, BANKING, SECURITIES, EsTATE PLANNING AND ADMINISTRATION LAW SALZMANN HUGHES, p.e. Attomevs & Counselors at L1.W G. BRYAN SALZMANN, EsQ. JAl'vlES D. HUGHES, ESQ. ADA1\.1 R. SCHELLHASE, ESQ. JAY W. WALDMAN, ESQ. DONALD E. LEFEVER, ESQ. ANN F. DEP AULIS, ESQ. PATRICIA R. BROWN, ESQ. NORMA J. BARTKO, ESQ. WILLIAM W. THOMPSON, EsQ. MELISSA K. DIVELY, ESQ. E. R-\LPH GODFREY, ESQ. REBECCA R. HUGHES, ESQ. 5USANN B. MORRISON, ESQ. LAURA REBECCA ABLES, ESQ."" DONNA L. GoDFREY, ESQ. DA VID H. MARTINEAU, ESQ. SCOTT B. GRANGER, ESQ. KURT E. WILLIAMS, ESQ. ** Also Admitted to Georgia Bar 354 Alexander Spring Road. Suite 1 . Carlisle, P A 17015 . (717) 249-6333 . Fax: (717) 249-7334 455 Phoenix Drive. Suite A . Chambersburg, PA 17201 . (717) 263-2121 . Fax: (717) 263-:)663 3 Park Plaza. Wyomissing, PA 1%10 . (610) 898-8500 . Fax: (610) 898-8050 105 N. Front Street. Suite 401 . Harrisburg, P A 17101 . (717) 232-9420 . Fax: (717) 232-1970 Please reply to: Carlisle Office Paralegals PAMELA R. BOLLINGER KAM 5. CORNMAN JACQUELINE L. DRAWBAUGH STEPHANIE A. LINDSAY EMILY C. MYERS SHARLENE A. KOYSTE KAREN E. SHUKER January 18, 2007 Juanita Kennedy 23 South High Street Newville, PA 17241 RE: ESTATE OF VIRGINIA A. MOONEY Dear Juanita: Enclosed herewith is a copy of the Second and Final Account and Schedule of Proposed Distribution of Leslie Cover, Executor of the estate of Virginia A. Mooney, late of West Pennsboro Township, Cumberland County, Pennsylvania. You have heretofore received a copy of decedent's Last Will & Testament. NOTICE is hereby given that said Executor has filed the Second and Final Account and Schedule of Proposed Distribution in the aforesaid estate at the Office of the Register of Wills (Clerk of Courts), Carlisle, Cumberland County, Pennsylvania. The Second and Final Account and Schedule of Proposed Distribution will be presented for confirmation to the Orphans' Court of Cumberland County, Pennsylvania on March 6,2007, at 9:30 am. If you have any objection to any transaction shown in the account or omitted from the account, you must file with the Register of wills (Clerk of the Orphan's Court Division) objections thereto in writing prior to audit, or appear in person or by counsel and present your written objections to the court at the audit. In absence of written objections, the court may assume you have no objection to the account. Very truly yours, SALZMANN HUGHES PC L:-~:--::$ ___ ~~~ ......E':. atpk1:Joaffey, Esq. ERG/jld Enclosure cc: Leslie Cover, Executor CONCENIRA TING IN ENVIRONMENTAL, LAND USE, CORPORATE, REAL EST ATE, MUNICIPAL, BANKING, SECURITIES, EST A IE PLANNING AND ADMINISTRATION LAW oj . SALZ~IANN HlJGHES, p.e. Attorneys & Counselors at Law G. BRYAN SALZMANN, ESQ. JAMES D. HUGHES, ESQ. ADAM R. SCHELLHASE, ESQ. JAY W. WALDMAN, ESQ. DONALD E. LEFEVER, ESQ. ANN F. DEPAULIS, ESQ. PATRICIA R. BROWN, ESQ. NORMA J. BARTKO, ESQ. WILLIAM W. THOMPSON, ESQ. MELISSA K. DIVELY, ESQ. E. RALPH GODFREY, ESQ. REBECCA R. HUGHES, ESQ. SU5ANN B. MORRISON, ESQ. LAURA REBECCA ABLES, ESQ." DONNA L. GODFREY, Esq. DAVID H. MARTINEAU, ESQ. SCOTT B. GRANGER, ESQ. KURT E. WILLIAMS, ESQ. ** Also Admitted to Georgia Bar 354 Alexander Spring Road. Suite 1. Carlisle, PA 17015 . (717) 249-6333. Fax: (717) 249-7334 455 Phoenix Drive. Suite A . Chambersburg, PA 17201 . (717) 263-2121 . Fax: (717) 263-0663 3 Park Plaza. Wyomissing, PA 19610 . (610) 898-8500 . Fax: (610) 898-8050 105 N. Front Street. Suite 401 . Harrisburg, PA 17101 . (717) 232-9420 . Fax: (717) 232-1970 Please reply to: Carlisle Office Paralegals PAMELA R, BOLLINGER KAM S. CORNMAN JACQUELINE L. DRAWBAUGH STEPHANIE A LINDSAY EMILY C. N!YERS SHARLENE A KOYSTE KAREN E. SHUKER January 18,2007 Richard M. Mooney 510 First Street Carlisle, PA 17013 RE: ESTATE OF VIRGINIA A. MOONEY Dear Richard: Enclosed herewith is a copy of the Second and Final Account 'and Schedule of Proposed Distribution of Leslie Cover, Executor of the estate of Virginia A. Mooney, late of West Pennsboro Township, Cumberland County, Pennsylvania. You have heretofore received a copy of decedent's Last Will & Testament. NOTICE is hereby given that said Executor has filed the Second and Final Account and Schedule of Proposed Distribution in the aforesaid estate at the Office of the Register of Wills (Clerk of Courts), Carlisle, Cumberland County, Pennsylvania. The Second and Final Account and Schedule of Proposed Distribution will be presented for confirmation to the Orphans' Court of Cumberland County, Pennsylvania on March 6,2007, at 9:30 am. If you have any objection to any transaction shown in the account or omitted from the account, you must file with the Register of Wills (Clerk of the Orphan's Court Division) objections thereto in writing prior to audit, or appear in person or by counsel and present your written objections to the court at the audit. In absence of written objections, the court may assume you have no objection to the account. Very truly yours, SALZMANN HUGHES PC -----..., ~/ ERG/j~ ~ Enclosure cc: Leslie Cover. Executor CONCENTRATING IN ENVIRONMENTAL, LAND USE, CORPORATE, REAL EsTATE, MUNICIPAL, BANKING, SECURITIES, EST ATE PLANNING AND ADMINISTRA nON LAW