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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 CJ () {"-.. 1"1 1 :;:~ ........-~..., 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 1",':;) ,=~ C,-=:'I --.I ...",,:.l, ~.... -...l t..() 1') o tt() 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 s~~~.;~.~~{~ie~;;1;?~.~.. 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. Jl J 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 . ( , 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 sr:r'; :-.0 --J LAW OFFICES SNEL8AKER & BRENNEMAN, P.C. Page 1 1"_' r:..,":;~ c.:;:;, --.J .'-) r- [Ti ::r:J /....;::: :l..c:a" -< -oJ :t:.'a ,,0 f'J a 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. "\.,'.. (J ._ (! Ih~ . Linda C. Murray, Administratrix Dated: El, (0il Subscribed and sworn to ~( L1WA C. MURRAY before me this st, . daYO~~. ,2007 ~~~lQ - Jh~~ 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 Page 7