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HomeMy WebLinkAbout07-17-07 DECEDENT'S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF DAVID A. MILLER , DECEASED --{ No. 2005-00570 PETITION FOR ADJUDICATION / STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.C. Rule 6.9 n \~ . __~J -'''1 .'~ .....:) .:::l f..:.;:::1 iT"l ~ ___U -1 " .,.--..'.... Thisform 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: JOSEPH D. BUCKLEY, ESQUIRE Supreme Court J.D. No.: 38444 Name of Law Firm: LAW OFFICES OF JOSEPH D. BUCKLEY Address: 1237 HOLLY PIKE, CARLISLE, PA 17013-3345 Telephone: 717-249-2448 Fax: 717-249-4103 Form OC-OI rev. 10 f 3.06 Page I of 10 C._ ~~ r..' .-.) f -.J Cb Estate of DAVID A. MILLER , Deceased 1. Name(s) and addressees) ofPetitioner(s): Name: JESSICA B. MILLER Address: 916 SUSAN DRIVE ENOLA, PA 17025 Identify any executors or administrators who have not joined in the Petition for Adjudication and Statement of Proposed Distribution and state reason: NONE Is this the first accounting by this fiduciary? . . . . . . . . . . . . . . . . . . . . . ~ Yes D No If not, identify prior accountings, the accounting periods covered, and the date of adjudication of the prior accounting. 2. Decedent died on JUNE 14,2005 D Letters Testamentary or ~Letters of Administration were granted to Petitioner(s) on JUNE 22. 2005 Date of Will (if applicable): Date(s) of Codicil(s) (if applicable): Date of probate (if different from date Letters granted): Was a bond required? DYes ~ No If yes, state amount: Are proofs of advertising of the grant of Letters attached? ......... ~ Yes D No Dates of advertising of the grant of Letters: CCLJ (July 8,22,29,2005) The Sentinel (July 6,13,20, 2005) Form OC-Ol rev. 10.13.06 Page 2 of 10 Estate of DAVID A. MILLER , Deceased 3. Was decedent survived by a spouse? . . 0 . . . 0 . . . . . . . . . . . . . 0 . . . . . . o. DYes 0 No If yes, name of the surviving spouse: 4. Has the surviving spouse filed to take an elective share? .... 0 0 . . . . . 0 0 DYes D 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 (if none, so state): JESSICA B. MILLER 6. Did decedent marry after execution of Will or Codicil(s)? . . 0 . . . . . . " DYes 0 No Were any children born to decedent after execution of Will or Codicil(s)? . . . . . . . . . . 0 . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . DYes 0 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 oS. S 1412, was a request for a statement of claim sent to the Department of Public Welfare? . . . . . . . . . . . . . . . . . . . 0 . . . 0 . . . . .. DYes D No Form DC-01 rev. 10.13.06 Page 3 of 10 Estate of DAVID A. MILLER , 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 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. 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. 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 if there 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 Relationshio and Comments, if any Interest JESSICA B. MILLER DAUGHTER SOLE HEIR (100%) Form DC -0 J rev. J 0.13. 06 Page 4 of 10 Estate of DAVID A. MILLER , Deceased Name and Address of Each Party in Interest Relationship and Comments, if any 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, giving the name, address and relationship of each. NONE C. State why a Petition for Guardian/Trustee Ad Litem has or has not been filed for this Audit (~ee 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 DAVID A. MILLER , 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? NONE 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. 9 3392 and the proposed payments. 11. Was family exemption claimed? . . . .... . ...... . . . . ..... . . . .... .. DYes ~No Was family exemption allowed? '" . . .. ....... . . . . . .... . . ... . . . . DYes DNo Family exemption claimant's name and relationship: Name: Relationship: Form OC-Ol rev. 10.13.06 Page 6 of 10 Estate of DAVID A. MILLER , 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 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 0 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 DAVID A. MILLER , Deceased 16. Had the decedent been adjudicated an incapacitated person? . . . . . . . . . . DYes 0 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. NONE 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: 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? ........................................ DYes 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 0No As to real estate only? ........................................ DY es ~ No Form DC-Of rev. fO.13.06 Page 8 of 10 Estate of DA VID A. MILLER , Deceased Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that he/she she of the above-named name of corporation ESTATE is title ADMINISTRATRIX 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). \~ .~j0A-C/C,,- 6 Sig ure of PetitIoner r~.-JJ2A;'-, '-' * 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 . orm have been made beyond the responses herein. / Form OC-OJ rev. JO.13.06 Page 10 of 10 Estate of DAVID A. MILLER , 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 NONE B. Principal: Proposed Distributee(s} Amount/Proportion NONE Submitted By: (All petitioners must sign. Add additional lines ifnecessary): Name of Petitioner: Form DC-OI rev. 10.13.06 Page 9 of 10 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tanuny Shoemaker, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) ruly 06,13,20,2005. COPY OF NOTICE OF PUBLICATION . .. ... Affiant further deposes that he/ she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. ~ J _" ~'V'\'\llj~' IAtlPLI-- ADMINISTRATOR'S NOTICE Letters of Administration on the Estate of DAVID A. MILLER, late of Lower Allen Township, Cumberland County, PA, deceased, have been granted to the undersigned. All persons knowing themselves to be indebted to said Estate will make payment immediately and those having claims will present them for settlement to: Jessica B. Miller c/o The Law Offices of Joseph D. Buckley 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 Orto: Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, PA 17013 Sworn to and subscribed before me this 20th day of July, 2005. C ~jl/(jjiAAIh A ~~ Notary Pub!' My commission expires: q /1 lar .(;U~~iVlONWE:AL i h Of PENNSYLVANIA Notarial Seal Chnstina L Wolfe, Notary Public Carlisle Boro, Cumberland County My CommisslOO Expires Sept 1, 2008 iV1ernber. Pen",;yll/ania Association Of Notaries . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEAL TH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor ofthe 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 legal 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, V1Z: July 8,15,22,2005 Affiant further deposes 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 subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Miller. David A.. dec'd. Late of Lower Allen Township. Executrix: Jessica B. Mlller, c/o The Law Offices of Joseph D. Buckley. 1237 Holly Pike. Car- lisle, PA 17013. (717) 249-2448. Attomey: Joseph D. Buckley. Es- quire. 1237 Holly Pike. Carlisle, PA 17013. SWORN TO AND SUBSCRIBED before me this 22 day of July. 2005 NOT ARIA SEAL lOIS E. SNYDER, Notary Public Carfisle 8oro, Cumberland County My Commission Expires March 5. 2009 BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION PO BOX 2B0601 HARRISBURG PA 1712B-0601 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE NOTICE OF INHERITANCE TAX APPRAISEHENT. ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSHENT OF TAX '* REV-1547 EX AFP (06-05) DATE 02-27-2007 ESTATE OF MILLER DAVID A DATE OF DEATH 06-14-2005 FILE NUMBER 21 05-0570 COUNTY CUMBERLAND ACN 101 APPEAL DATE: 04-28-2007 ( See reverse side under Objections) A.ount Re.ittedl I MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 CUT ALONG THIS LINE -+ RETAIN LOWER PORTION FOR YOUR RECORDS ~ ------------------------------------------------------------------------------------------- REV-1547 EX AFP C03-05JNQTlCE_OEINHERITANCE TAX APPRAISEMEHT ,ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX ESTATE OF MILLER DAVID A FILE NO. 21 05-0570 ACN 101 DATE 02-27-2007 JOSEPH D BUCKLEY ESQ J D BUCKLEY LAW OFCS 1237 HOLLY PIKE CARLISLE PA 17013 T AX RETURN WAS: (X) ACCEPTED AS F I LED ) CHANGED RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Real Estate (Schedule A) 2. Stocks and Bonds (Schedule B) 3. Closely Held Stock/Partnership Interest (Schedule C) 4. Mortgages/Notes Receivable (Schedule D) 5. Cash/Bank Deposits/Hisc. Personal Property (Schedule E) 6. Jointly Owned Property (Schedule F) 7. Transfers (Schedule G) 8. Total Assets (1) (2) (3) (4) (5) (6) (7) .00 .00 .00 .00 24,034.13 .00 .00 NOTE: To insure proper credit to your account, submit the upper portion of this form with your tax payment. (8) 24,034.13 APPROVED DEDUCTIONS AND EXEMPTIONS: 9. 10. II. 12. 13. 14. Funeral Expenses/Adm. Costs/Hisc. Expenses (Schedule H) Debts/Hortgage Liabilities/Liens (Schedule I) Total Deductions Net Value of Tax Return Charitable/Governmental Bequests; Non-elected 9113 Trusts (Schedule J) Net Value of Estate Subject to Tax (9) ClO) II ,448.82 26,735.42 Cl1) Cl2) Cl3) Cl4) 38. ] 84 ?4 14,150.11- .00 14,150.11- NOTE: If an assess.ent was issued preViously, lines 14, 15 and/or 16, 17, 18 and 19 will reflect figures that include the total of ill.. returns assessed to date. ASSESSMENT OF TAX: 15. Amount of Line 14 at Spousal rate 16. Amount of Line 14 taxable at Lineal/Class A rate 17. Amount of Line 14 at Sibling rate 18. Amount of Line 14 taxable at Collateral/Class B rate 19. Principal Tax Due TAX CREDITS: Cl5) Cl6) Cl7> (18) .00 .00 .00 .00 X 00 X 045 = X 12 = X 15 = Cl9)= .00 .00 .00 .00 .00 PAYHENT KI:C~lPT DISCOUNT (+) AHOUNT PAID DATE NUMBER INTEREST/PEN PAID (-) TOTAL TAX CREDIT .00 BALANCE OF TAX DUE .00 INTEREST AND PEN. .00 TOTAL DUE .00 * IF PAID AFTER DATE INDICATED, SEE REVERSE FOR CALCULATION OF ADDITIONAL INTEREST. IF TOTAL DUE IS LESS THAN .1, NO PAYHENT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU HAY BE DUE