HomeMy WebLinkAbout05-17-07
DECEDENT'S ESTATE
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
ORPHANS' COURT DIVISION
ESTATE OF
STEPHEN A. MURRAY
, DECEASED
No.
21-05-0044
PETITION FOR ADJUDICATION /
STATEMENT OF PROPOSED DISTRIBUTION
PURSUANT TO Pa. D.C. Rule 6.9
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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 adjudication.
INCLUDE ATTACHMENTS AT THE BACK OF THIS FORM.
Name of Counsel: Richard C. Snelbaker
Supreme Court LD. No.:
06355
Name of Law Firm: Snelbaker & Brenneman, P .C.
Address: 44 West Main Street, Mechanicsburg, PA 17055
Telephone:
(717) 697-8528
Fax: (717) 697-7681
Form DC-OJ rev. 10.13. 06 Page 1 of 10
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Estate of STEPHEN A. MURRAY
, De ceased
1. Name(s) and addressees) ofPetitioner(s):
Name:
Linda C. Murray, Administratrix
Adcl/'ess:
465 Waverly Woods Drive
Harrisburg, PA 17110
Identify any executors or administrators who have not joined in the Petition for
Adjudication and Statement of Proposed Distribution and state reason:
N/A
Is this the first accounting by this fiduciary? . . . . . . . . . . . . . . . . . . . . . IIlYes D No
If not, identify prior accountings, the accounting periods covered, and the date of
adjudication of the prior accounting.
December 12, 2004
2. Decedent died on
o Letters Testamentary or~etters of Adlninistration were granted to Petitioner(s) on
Date of Will (if applicable): N/ A
Date(s) of Codicil(s) (if applicable): N/ A
Date of probate (if different from date Letters granted): January 18, 2005
Was a bond required? DYes ~ No If yes, state amount:
Are proofs of advertising of the grant of Letters attached? ......... w Yes DNa
Dates of advertising of the grant of Letters: Patriot News - November 8, 15, and 22, 2006
Cumberland Law Journal - November 10, 17, 24, 2006
Form DC-01 rev. 10.13.06
Page 2 of 10
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Joseph A. Dennison, being duly sworn according to law, deposes and says:
That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the
laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market
Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-
News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market
Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were
established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever
smce;
That the printed notice or publication which is securely attached hereto is exactly as printed and published
in their regular daily and/or Sunday/ Metro editions which appeared in the 8th, 15th and 22nd day(s) of November
2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and
that all of the allegations of this statement as to the time, place and character of publication are true; and
. . That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed
and adopted severally by the stockholders and board of directors of the said Company and subsequently duly
recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION
COpy
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Notarial Seal
Terry L. Russell, Notary. Public
City Of Harrisburg, l?3uphln County
My Commissio pires June 6. 2010
~nsyl ania Ass:on of Nolarl..
NOT PUBLIC ~
SNELBAKER, BRENNEMAN & SPARE, P.e.
44 WEST MAIN STREET
P.O. BOX 318
MECHANICSBURG, PA. 17055-0318
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
SSe
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 l~gal
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:
November 10, November 17, and November 24, 2006
Affiant further depos.es 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 subj ect
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of pub' tion are true.
Murray, Stephen A., dec'd.
Late of the Borough of Me-
chanicsburg.
Aclmin1stratrtx: Linda C. Murray,
465 Waverly Woods Drive, Har-
risburg, PA 17110.
Attorneys: Snelbaker & Brenne-
man, P.C., 44 West Main Street,
P.O. Box 318, Mechanicsburg,
PA 17055-0318.
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o AND SUBSCRIBED before me this
day of November. 2006
NOTARiAl SEAL
LOIS E. SNYDER, Notary Public
Cartisle 8oro, Cumberland County
My Commission Expires March 5, 2009
Estate of
STEPHEN A. MURRAY
, Deceased
3. Was decedent survived by a spouse? . . . . . . . . . . . . . . . . . . . . . . . . . . . .. gYes D No
If yes, name of the surviving spouse: .
Linda C. Murray
4. Has the surviving spouse filed to take an elective share? ............. DYes ~ 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 names of the decedent's surviving children or
surviving issue of deceased children (ifnone, so state):
Sarah A. Finkey, Daughter of Decedent
Teresa E. Zimmerman, Daughter of Decedent
6. Did decedent marry after execution of Will or Codicil(s)? . . . . . . . . . .. DYes JIiJ No
Were any children born to decedent after execution of
Will or Codicil(s)? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 Yes m 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. S 1412, was a request for a statement of claim sent to
the Department of Public Welfare? .............................. DYesxUjNo
Form DC-01 rev. 10.13.06
Page 3 of ] 0
Estate of
STEPHEN A. MURRAY
, Deceased
8. Written notice of the Audit as required by Pa. a.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 weHas 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 paIiies 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 suijuris (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. a.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. a.c. Rule 5.5. In addition, the
Attorney General's clearance celiificate (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
CodicilCs) or as intestate heirs if there is a complete or paliial intestacy:
A. State each party's relationship to the decedent and the nature of each paliy's
interest(s):
Name and Address of Each Party in Interest
Relationship and Comments, if al1)1
Inrerest
See page five of
First and Final
Account for listing
of Interested partieB
There are no unpaid
creditors or chariti~s
Form OC-OJ rev. 10.J3'{)6
Page 4 of 10
Estate of STEPHEN A. MURRAY
, Deceased
Name and Address Qf Each Party in Interest
Relationship and Comments, if an)!
Interest
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, givil1g the name, address and relationship of each.
N/A
C. State why a Petition for Guardian/Trustee Ad Litem has or has not been filed for
this Audit (see Pa. D.C. Rule 12.4).
N/A
D. If distribution is to be made to the persona] representative of a deceased party,
state date of death, date and place of grant of Letters and type of Letters granted.
N/A
Form DC-OJ rev. 10.13.06
Page 5 of 10
Estate of
STEPHEN A. MURRAY
, 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
DNa DNa
NONE
DYes DYes
DNo DNa
DYes DYes
DNo DNa
DYes DYes
DNa DNa
If the estate is insolvent, attach a schedule setting forth the order of preference under
20 Pa.C.S. S 3392 and the proposed payments.
11.
Was family exemption claimed?
DYes UlNa
DYes DNa
Was family exemption allowed?
Family exemption claimant's name and relationship:
Name:
Relationship:
FormOC-Ol rev. 10.13.06
Page 6 of 10
Estate of
STEPHEN A. MURRAY
, 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
None - spousal tax rate is zero
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? . . . . . . . . . . . . . . . . . . . 0 Yes :Ii] 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 pm1ies identified in Paragraph 9 above? .................. D Yes D 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-OI rev. 10.13.06
Page 7 of 1 0
Estate of
STEPHEN A. MURRAY
, Deceased
16. Had the decedent been adjudicated an incapacitated person? . . . . . . . . . .0 Yes 8 No
If yes, attach a copy of the Order if available; otherwise state the Court, term, number,
date, and name of Hearing Judge.
N/A
17. A.. List or attach a separate list of additional receipts and disbursements since the closing
date of the Account.
N/A
B. Has notice of the additional receipts and disbursements been
given to the parties identified in Paragraph 9 above? ............. D Ves X[J No
18. If a reserve is requested, state amount and purpose.
Amount:
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? ........................................ DVes D No
If so, attach a copy of the notice.
19.
Is the Court being asked to direct
the filing of a Schedule of Distribution?
. . . . . . . . . . . . . . . . . . . . . . . . . .
DVes X[]No
As to real estate only? ........................................ DVes 1m No
Form OC-OJ rev. 10./3.06
Page 8 of 10
Estate of
STEPHEN A. MURRAY
, Deceased
\Vherefore, 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
None
B. Principal:
Proposed Distributee(s}
Amount/Proportion
See attached Proposed Distribution
Statement on page six
Submitted By:
(All petitioners must sign.
Add additional lines ifnecessalJ;):
Linda C. Murray, Administratrix
Name of Petitioner:
-I!lbcla ~. ~'7f
e of Petitioner: I
Form OC-OJ rev. JO.13.06
Page 9 of 10
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Estate of
STEPHEN A. MURRAY
, Deceased
Verification of Petitioner
(Verification must be by at least one petitioner.)
The undersigned hereby verifies * [that he/she she is title
of the above-named name ofcorpora~~tate of Stephen A. Murray
Administratrix
and] that the facts set
forth in the foregoing Petition for Adjudication I Statement of Proposed Distribution which are
within the personal knowledge of the Petitioner are true, and as to facts based on the infonnation
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. S 4904 (relating to unsworn
falsification to authorities).
;V1Ja(~,"_
Sign re of Petitioner
Linda C. Murray, Administratri
* 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 th 11 have been made beyond the
responses herein.
Sign re of Counsel for Petitioner
Richard C. Snelbaker, Esquire
Snelbaker & Brenneman, P.C.
Form DC-OJ rev. 10.13.06
Page 10 of 10
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA.
ORPHANS' COURT DIVISION
FILE NO: 21-05-0044
FIRST AND FINAL ACCOUNT OF
Linda C. Murray, Administratrix
For
ESTATE OF STEPHEN A. MURRAY
Social Security #:
Tax 10 #:
Date of Death:
Date of Incapacity, if any:
Date of Administratrix Appointment:
Date of First Complete Advertisement:
Accounting for the period:
162-36-7739
20-6413657
December 12, 2004
None
January 18, 2005
November 8,2006
January 18, 2005 to
April 1, 2006
Purpose of Account: Linda C. Murray, Administratrix offers this Account to acquaint interested
parties with the transactions that have occurred during her Administration.
It is important that the Account be carefully examined. Requests for additional
information, questions or objections can be discussed with:
Richard C. Snelbaker
Snelbaker & Brenneman, P.C.
44 West Main Street
Mechanicsburg, PA 17055
Phone #: 717-697-8528
Supreme Court 1.0. No: 06355
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LAW OFFICES
SNEL8AKER &
BRENNEMAN, P.C.
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SUMMARY OF ACCOUNT
PRINCIPAL PAGE
Receipts 3 $ 13,600.00
Net Gain on Sales or Disposition 3 0.00
$ 13,600.00
Less Disbursements:
Debts of Decedent 3 $ 3,047.10
Funeral Expenses 3 $ 7,166.56
Administration Expenses 3 $ 1,448.70
Family Exemption 3 $
Federal, State & Local Taxes 3 $
Fees and Commissions 3 $ 1,125.00 $ 12,787.36
Balance before Distributions $ 812.64
Distributions to Beneficiaries 4 0.00
Principal Balance on Hand $ 812.64
For Information:
Investments Made N/A pages not included
Changes in Holdings N/A pages not included
INCOME
Receipts 4 0.00
Less Disbursements 4 0.00
Balance before Distributions 4 0.00
Distributions to Beneficiaries 4 0.00
Income Balance on Hand 0.00
COMBINED BALANCE ON HAND $ 812.64
LAW OFFICES
SNELBAKER &
BRENNEMAN. P.C.
Page 2
PRINCIPAL RECEIPTS
Assets Listed on Inventory per copy of attached:
(Valued as of Date of Death)
ADJUSTMENTS TO INVENTORY
SUBSEQUENT RECEIPTS
TOTAL PRINCIPAL RECEIPTS
$13,600.00
0.00
0.00
$13,600.00
PRINCIPAL GAINS OR LOSSES ON SALES OR OTHER DISPOSITIONS
GAIN LOSS
$ NONE $ NONE
TOTAL GAINS AND LOSSES
LESS LOSS
NET GAIN/LOSS TRANSFERRED TO SUMMARY
DISBURSEMENTS OF PRINCIPAL
DEBTS OF DECEDENT
1. Chase Automotive Finance, payoff Subaru auto loan #10327918532701
FUNERAL EXPENSES
1. Diocese of Harrisburg, funeral expenses
2. Malpezzi Funeral Home, funeral expenses
ADMINISTRATION EXPENSES
1. Faulkner Honda, inspection and repairs on Honda Accord
2. Cumberland Valley Motors, inspection and repairs on Subaru Wagon
3. Snelbaker & Brenneman, P.C., costs advanced:
a. Register of Wills, probate fees 53.00
b. Register of Wills, filing fee for Inheritance 15.00
Tax return
c. Register of Wills, additional probate fees 30.00
$ NONE $ NONE
0.00
$ NONE
$ 3,047.10 $ 3,047.10
$ 750.00
6,416.56 $ 7,166.56
$ 938.99
411.71
98.00
FAMILY EXEMPTION
FEDERAL. STATE & LOCAL TAXES
FEES AND COMMISSIONS
1. Snelbaker & Brenneman, P.C., attorney services
TOTAL DISBURSEMENTS OF PRINCIPAL
LAW OFFICES
SNELBAKER &
BRENNEMAN. P.C.
Page 3
$ 1,448.70
0.00
0.00
1,125.00
$ 12,787.36
DISTRIBUTIONS OF PRINCIPAL TO BENEFICIARIES
TOTAL DISTRIBUTIONS OF PRINCIPAL TO BENEFICIARIES $ NONE
RECEIPTS OF INCOME
TOTAL RECEIPTS OF INCOME $ NONE
DISBURSEMENTS OF INCOME
TOTAL DISBURSEMENTS OF INCOME $ NONE
DISBURSEMENTS OF INCOME TO BENEFICIARIES
TOTAL DISBURSEMENTS OF INCOME TO BENEFICIARIES $ NONE
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
Page 4
LAW OFFICES
SNELBAKER 8:
BRENNEMAN. P.C.
*
UNPAID CREDITORS:
*. PERSONS INTERESTED IN DISTRIBUTION OF ESTATE:
1. Linda C. Murray
465 Waverly Woods Drive
Harrisburg, PA 17110
2. Sarah A. Finkey
94 Clemens Drive
Dillsburg, PA 17019
3. Theresa E. Zimmerman
100 James Place
Pittsburgh, PA 15228
Page 5
NONE
LAW OFFICES
SNELBAKER &
BRENNEMAN. P.c.
PROPOSED DISTRIBUTION TO BENEFICIARIES
Linda C. Murray, Administratrix and Accountant herein, proposes to
distribute the balance of the Estate of Stephen A. Murray, Deceased, to wit:
$812.64 as follows:
1. Linda C. Murray
2. Sarah A. Finkey
3. Theresa E. Zimmerman
**** Notation: Under Pennsylvania Intestate Law, the spouse is entitled to the first
$30,000 plus one-half of the balance of the estate. Therefore, since the net
distributable balance of the estate does not exceed $30,000, the entire amount will
be distributed to Linda C. Murray, spouse of the Decedent
TOTAL DISTRIBUTION:
Page 6
$
812.64
0.00
0.00
$
812.64
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
VERI FICA TION
Linda C. Murray, Administratrix of the Estate of Stephen A. Murray
deceased, hereby declares under oath that she is 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; to her knowledge, there
are not 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.
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Linda C. Murray, Administratrix
Dated:
El, (0il
Subscribed and sworn to
~( L1WA C. MURRAY before me this
st, . daYO~~. ,2007
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Notary Pu lie
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Sandra K Showers, Notary Public
Med1an1csburg Bora. Cumberland County
My Canmisslon Expires Nov. 22, 2007
Member. Pennsylvania Association Of Notaries
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