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HomeMy WebLinkAbout04-02-08 LAW OFFICES SNELBAKER Be BRENNEMAN, P.C. -:1): ;)C7lDOS8 laS [) Gl : 3/78'1Cf. 23 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. ORPHANS' COURT DIVISION FILE NO: 21-07-0803 FIRST AND FINAL ACCOUNT OF Francis J. Michelini, Executor For ESTATE OF ANNE MARIE MICHELINI Social Security #: Tax ID #: Date of Death: Date of Incapacity, if any: Date of Executrix Appointment: Date of First Complete Advertisement: Accounting for the period: 164-26-3734 August 19, 2007 None August 29, 2007 September 7, 2007 August 19, 2007 to March 31, 2008 Purpose of Account: Francis J. Michelini, Executor offers this Account to acquaint interested parties with the transactions that have occurred during his Administration. It is important that the Account be carefully examined. Requests for additional information, questions or objections can be discussed with: Keith O. Brenneman Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 Phone #: 717-697-8528 Supreme Court I.D. No: 47077 ~ ~ ~ -;0 \ rV C2 ~~ ~~~~ e:.~ ~ ?'7(/>/- C5S~ g~ ;. ~. ~. Page 1 -'Q ~ ,,,,n' c.},4't ..~ ~-~:;) ~~~ \.~~ ~"'i l - .. - t1" , -10;' LAW OFFICES SNELBAKER & BRENNEMAN, P.C. SUMMARY OF ACCOUNT PRINCIPAL Receipts Net Gain on Sales or Disposition Less Disbursements: Debts of Decedent Funeral Expenses Administration Expenses Family Exemption Federal, State & Local Taxes Fees and Commissions Balance before Distributions Distributions to Beneficiaries Principal Balance on Hand For Information: Investments Made Changes in Holdings INCOME Receipts Less Disbursements Balance before Distributions Distributions to Beneficiaries Income Balance on Hand COMBINED BALANCE ON HAND Statement of Proposed Distribution Verification PAGE Page 2 3 3 3 3 3 3 4 4 $0.00 17,676.00 1,609.58 0.00 0.00 2,500.00 4 4 $ 317,844.23 0.00 $ 317,844.23 21,785.58 $ 296,058.65 0.00 $ 296,058.65 5 $0.00 5 $0.00 $0.00 5 $0.00 $0.00 $ 296,058.65 6 7 LAW OFFICES SNELBAKEH Be BRENNEMAN. P.C. PRINCIPAL RECEIPTS Assets Listed on Inventory per copy of attached: (Valued as of Date of Death) ADJUSTMENTS TO INVENTORY Increased value of common stock upon audit of Federal Estate Tax Return SUBSEQUENT RECEIPTS TOTAL PRINCIPAL RECEIPTS $317,844.23 $0.00 $0.00 $0.00 $317,844.23 PRINCIPAL GAINS OR LOSSES ON SALES OR OTHER DISPOSITIONS NONE GAl N LOSS $0.00 $0.00 TOTAL GAINS AND LOSSES LESS LOSS NET GAIN/LOSS TRANSFERRED TO SUMMARY DISBURSEMENTS OF PRINCIPAL DEBTS OF DECEDENT NONE FUNERAL EXPENSES Gate of Heaven Cemetery, lot and markers Malpezzi Funeral Home, funeral services $0.00 $0.00 $0.00 $0.00 $0.00 $ 3,772.00 13,904.00 $ 17,676.00 ADMINISTRATION EXPENSES Register of Wills, Probate fees $ Cumberland Law Journal, advertising Executors' Notice Snelbaker & Brenneman, P.C., reimbursement for costs advanced for following: a. The Sentinel 174.58 advertising Executors' Notice b. Register of Wills 30.00 filing fee for Inheritance Tax Return and Inventory Reserve for filing fees, accountant fees and other miscellaneous costs associated with the administration of decedent's estate 330.00 75.00 204.58 1,000.00 $ 1,609.58 FAMILY EXEMPTION NONE Page 3 $0.00 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. FEDERAL, STATE & LOCAL TAXES NONE FEES AND COMMISSIONS Snelbaker & Brenneman, P.C., attorney services TOTAL DISBURSEMENTS OF PRINCIPAL $2,500.00 DISTRIBUTIONS OF PRINCIPAL TO BENEFICIARIES NONE TOTAL DISTRIBUTIONS OF PRINCIPAL TO BENEFICIARIES PRINCIPAL BALANCE ON HAND Cash TOTAL PRINCIPAL BALANCE ON HAND INFORMATION SCHEDULES PRINCIPAL INVESTMENTS MADE NONE TOTAL PRINCIPAL INVESTMENTS MADE CHANGES IN PRINCIPAL HOLDINGS NONE Page 4 VALUE AT $0.00 $2,500.00 $21,785.58 $0.00 $0.00 FIDUCIARY ACQUISITION VALUE $ 317,844.23 $ 296,058.65 $ 317,844.23 $ 296,058.65 $0.00 $0.00 Account Value LAW OFFICES SNELBAKER & BRENNEMAN, P.C. RECEIPTS OF INCOME NONE TOTAL RECEIPTS OF INCOME DISBURSEMENTS OF INCOME NONE TOTAL DISBURSEMENTS OF INCOME DISBURSEMENTS OF INCOME TO BENEFICIARIES NONE TOTAL DISBURSEMENTS OF INCOME TO BENEFICIARIES * UNPAID CREDITORS: NONE ** PERSONS INTERESTED IN DISTRIBUTION OF ESTATE: 1. Francis J. Michelini 533 Appalachian Avenue Mechanicsburg, PA 17055 Page 5 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. PROPOSED DISTRIBUTION TO BENEFICIARIES Francis J. Michelini, Executor and Accountant herein, proposes to distribute the balance of the Estate of Anne Marie Michelini, Deceased, to wit: $296,058.65 in accordance with the Last Will and Testament of said Decedent as follows: 1. Francis J. Michelini 100% of residue per Item Third of Will Cash Land improved with a residence located at 533 Appalachian Avenue, Mechanicsburg, PA TOTAL DISTRIBUTION: Page 6 $131,788.65 $164,270.00 $296,058.65 $ 296,058.65 VERIFICATION FRANCIS J. MICHELINI, Executor under the Last Will and Testament of ANNE MARIE MICHELINI, Deceased hereby declares under oath that he is fully and faithfully discharged the duties of his 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 his knowledge, there are no claims outstanding against the Estate; that all taxes presently due from the Estate have been paid; and that the grant of Letters Testamentary 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.SA Section 4904 relating to unsworn falsification to authorities. ( )~//f;, '~. }-. \ ~ ,/ / / i / /' ~._~c-t.-a-' r 'It:. :-14.. Y>-C Fr ncis J. Michelini, Executor Dated: 3- 3J-o~ Subscribed and sworn to by FRANCIS J. MICHELINI before me this J{ s-r day of II1ALcit, 2008 1~.~~ Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Susan L. Matrazi, Notary Public Mechanicsburg Bore, Cumberland County My Commission Expires Nov. 24, 2011 Member, Pennsylvania Association of Notaries LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Page 7 DECEDENT'S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF ANNE MARIE MICHELINI ~~ ~I -,.., (') r hi 1> -::D , DECEASEd5R~. c:~c -n P:!:i ~ No. 21-07-0803 PETITION FOR ADJUDICATION I STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.c. Rule 6.9 r--:t c::;) c;::) t= >- -0 ::::0 I N -0 :x - .. 0\ 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: Keith O. Brenneman Supreme Court I.D. No.: 47077 Name of Law Firm: Snelbaker & Brenneman P.c. Address: 44 West Main Street, Mechanicsburg, PA 17055 Telephone: 717-697-8528 Fax: 717-697-7681 Farm OC -0 J rev. 10 13. 06 Page 1 of 10 .::r.J ,'! 1'n r -n c") (;)0 (~;>~ :);1 .-~ 1.:) fT"j rT1 :~.::} C? c::>o -,1" ~_ -rl -""':;("5 r--~ rn 00")0 -I"'} Estate of ANNE MARIE MICHELINI , Deceased 1. Name(s) and addressees) ofPetitioner(s): Name: Francis J. Michelini Address: 533 Appalachian Avenue Mechanicsburg, P A 17055 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? . . . . . . . . . . . . . . . . . . . . . IZ] Yes 0 No If not, identify prior accountings, the accounting periods covered, and the date of adjudication of the prior accounting. 2. Decedent died on August 19, 2007 IZ] Letters Testamentary or DLetters of Administration were granted to Petitioner(s) on AU2:ust 29. 2007 Date of Will (if applicable): March ] 0, 2006 Date(s) ofCodicil(s) (if applicable); N/A Date of probate (if different from date Letters granted): August 29, 2007 Was a bond required? DYes IZ] No If yes, state amount: Are proofs of advertising of the grant of Letters attached? ......... IZ] Yes D No Dates of advertising of the grant of Letters: Cumberland Law Journal September 7,14 21,2007 and The Sentinel September 13,20,27,2007 Form OC-o./ rev. /0. /3. 0.6 Page 2 of 10 ,. 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 lmv, 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 ofthe said Cumberland Law J oumal on the following dates, V1Z: September 7. September 14 and September 21 2007 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. SWO TO AND SUBSCRIBED before me this -1.Ldayof September, 2007 O//~41) ~ Notary Michelini, Anne Marie, dec'd. Late of the Township of Upper Al- Ien. Executor: Francis J. Michelini, 533 Appalachian Avenue, Me- chanicsburg, PA 17055. Attorneys: Keith O. Brenneman, Esquire, SneIbaker & Brenneman, P.C., 44 W. Main Street, P.O. Box 318, Mechanicsburg, PA 17055. NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO. CUMBERlAND COUNTY My Commission Expires Apr 28, 2010 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Advertising Manager, of The Sentiflel, of the County and State aforesaid, b~ing quly sworn, :deposes and says th~t TfIE .SENTINEL, a newspaper of general circulation in the Borough cif Carlisle, 'County and State aforesaid, was estaplished December 13th,. 1881, since which date :rHE SENTINEL has been regularly issued in said County; and th?t the print~d notice ot'publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINE~ on the following day(s). September 13, 20, 27; 2007 . '.' . . . '. . . '!: ." . .. .. ' . . .COpy OF NOTICE OF PUBLICAT~ON " ~ ..... !iJiJ i~: ~: :(;i;i,:J~} )Ui}';{ ;;inm~) ~ i :{;';~(:.~)::,-;g ,.' 't)F~:~~' '~-. Affiant further deposes that he/ shei~ not intereste.d in the subject matter of the . aforesaid notice or-advertisement, 'and. that all allegations In the foregoing statement' as to time, place and cHaracter o~ . ~nare~~, . d... . " ", : .~:-.: " EXECUTORS' NOTICE letters Testamentary on the Estat(;l of ANNE MARIE ;. MICHELINI, late oflhe Township 01 Upper Allen, Cumberland County, Pennsylvania, have been grantea to the undersigned. All personsknowinglhemselves to be indebted to said Estate will make payment immediately, and those having claims will present them lor settlement to: Francis J. Michelini, Executor 533 Appalachian Avenue Mechanicsburg, PA 17055 Keith O. Brenneman, Esquire Snelb81ker & Brenneman, P.C. 44 West Main Street P.O, Box 318 Mechanicsburg, PA 17055 Atlorne'ys for Executor . .." Sworn to and subscribed before me this 27th. day of September, 2007. C '-Ir.J/.%bjdl_' 12 U~ Notary Pub My commission expires: q /t / tit COMMONWEALTH OF PENNSYLVANIA Notarial Seal Chnslina l. WcMe. Notary Public Carlisle BorO, Cl.Imberl3nd County My Q::lmlllission Expires Sepl1. 2008 . Member, Pennsvlvanl8 Association Of Notanes Estate of ANNE MARIE MICHELINI , Deceased 3. Was decedent survived by a spouse? . . . . . . . . . . . . . . . . . . . . . . . . . . . " [{]Ves 0 No If yes, name of the surviving spouse: Francis J. Michelini 4. Has the surviving spouse filed to take an elective share? ............ . DYes 0 No (See Section 2201 et gQ. 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): N/A 6. Did decedent marry after execution of Will or Codicil(s)? . . . . . . . . . .. D Ves [(] No Were any children born to decedent after execution of Will or Codicil(s)? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D Ves [{] 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. 9 1412, was a request for a statement of claim sent to the Department of Public Welfare? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DVes D No Form OC-O/ rev. /0./3.06 Page 3 of 10 Estate of ANNE MARIE MICHELINI , 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 ofthe 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 Relationshio and Comments, if anv Interest See page five of accounting Form ac.o I rev. J().13. 06 Page 4 of 10 Estate of ANNE MARIE MICHELINI , Deceased Name and Address of Each Party in 1l1lerest Relationshiv and Comments, if any 1l1leresl B. Identify each party who is not suijuris (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. Ifno Guardian has been appointed, identify the next of kin of such party, giving 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. o.c. Rule 12.4). N/A 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. N/A Form ac.!)] rev. J(). f3.!)6 Page 5 of 10 Estate of ANNE MARIE MICHELINI , 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 WillCh/lnl Admilled? Be Paid /n 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. S 3392 and the proposed payments. 11. Was family exemption claimed? . .. ... . . .. .. ... .. .. .. ... .. . ..... DYes lZINo DNo Was family exemption allowed? . .. . . . . . . . . .. .. .. .. . .. .. .. . .. . . . lZIYes Family exemption claimant's name and relationship: Name: Relationship. Form OC-OI rev. 10.13.06 Page 6 of 10 Estate of ANNE MARIE MICHELINI , Deceased 12. The amount of Pennsylvania Transfer Inheritance Tax and additional Pennsylvania Estate Tax paid, the date(s) of payment(s), and the interest(s) upon which paid, are as follows: Date Payment Interest Non- Taxable 0.00 spouse is beneficiary 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: N/A B. Has notice of the question requiring adjudication been given to the parties identified in Paragraph 9 above? .................. 0 Yes 0 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-Of rev. fO.1306 Page 7 of 10 Estate of ANNE MARIE MICHELINI , Deceased 16. Had the decedent been adjudicated an incapacitated person? . . . . . . . . . .0 Yes IZl 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? ............. DYes D No 18. If a reserve is requested, state amount and purpose. 1,000.00 Amount: Purpose: Final costs and fees associated with the administration ofthe Decedent's estate. Ifa 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 0 No If so, attach a copy of the notice. 19. Is the Court being asked to direct the filing of a Schedule of Distribution? DYes IZlNo As to real estate only? ........................................ DYes IZl No Form OC-OI rev. 10.13.06 Page 8 of 10 Estate of ANNE MARIE MICHELINI , 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 See page six of accounting B. Principal: Proposed Distributee(s} Amount/Proportion See page six of accounting Submitted By: (All petitioners must sign. Add additional lines if necessary): <- Name of Petitioner: Form OC-OI rev. I () 13. ()6 Page 9 of 10 Estate of ANNE MARIE MICHELINI , Deceased Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * (that he/she he is title Executor of the above-named name of corporation Estate of Anne Marie Michelini 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. 94904 (relating to unsworn falsification to authorities). '-11 / / J ~ L.{;~I:(-t4-1. L- * 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. ,I'll/'-- Signature of Counsel for Petitioner Form DC-OJ rev.IO.J306 Page 1 0 of 1 0