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HomeMy WebLinkAbout04-16-08DECEDENT'S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF DAVID M. GROSS No. 21-03-1065 PETITION FOR ADJUDICATION / DECEASED C"~ "..--~ - ~t 7 _~? n _.i ~ - --~ -', ,.v ;etc ~-,o FJ t:~ ~- _~ - - r -~ t.~ <~~J -:: -;~ •-, _: ~'~ ~: ~ c::~ . , __r - =- t -~ ,._ ~, a tl _ ,., STATEMENT OF PROPOSED DISTRIBUTION ; ~;; =--+ PURSUANT TO Pa. O.C. Rule 6.9 "' cn -~ N N CU This form may be used in all cases involving the Audit of the Account of a Decedent's Estate. If space is insuff dent, 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 BACg OF THIS FORM. Name of Counsel: DOUGLAS G. MILLER, ESQUIRE Supreme Court I.D. No.: $3776 Name of Law Firm: IRWIN & McKNIGHT Address: 60 WEST POMFRET STREET, CARLISLE, PA 17013 Telephone: (717) 249-2353 Fax:,~717~ 249-6354 Form oc-ol rev. 10.13.06 Page 1 of 10 Estate of DAVID M. GROS5 1. Name(s) and address(es) of Petitioner(s): Name.• BRIAN J. GROSS, ADMIN Address: 1 SPEND-A-BUCK DRIVE DILLSBURG, PA 17019 Identify any executors or administrators who have not joined in the Petition for Adjudication and Statement of Proposed Distribution and state reason: Deceased Is this the first accounting by this fiduciary? ..................... ~ Yes Q No If not, identify prior accountings, the accounting periods covered, and the date of adjudication of the prior accounting. 2. Decedent died on AUGUST 17, 2003 Q Letters Testamentary or ~ Letters of Administration were granted to Petitioner(s) on APRIL 18. 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? [jI'es ~ No If yes, state amount: Are proofs of advertising of the grant of Letters attached? ......... Yes E I No Dates of advertising of the grant of Letters. '~ I UOIIPM ~~~ 7Z, 2 p 2~ 7 ('~~mf•~fl~n~ I ~~n~~tl~r~~- II h~ivrnl~~ 9. /~~ a~ ~-~d ~ // Form oc-o~ rev. ro.~3.06 Page 2 of 10 Estate of DAVID M. GROSS ,Deceased 3. Was decedent survived by a spouse? ............................. Yes ~ No If yes, name of the surviving spouse: 4. Has the surviving spouse filed to take an elective share? ............. DYes [~ No (See Section 2201 et sue. 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): NONE 6. Did decedent marry after execution of Will or Codicil(s)? ........... ~ Yes ~ No Were any children born to decedent after execution of Will or Codicil(s)? ........................................... ~ Yes ~ 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 R'elfare? .............................. ~ Yes ~ No Form OC-01 rev. 10.13.06 Page 3 of 10 Estate of DAVID M. GROSS 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 Petitioners} 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 The Estate of Ramona Gross Administrator c/o John D. Killian, Admin 218 Pine Street Harrisburg, PA 17108 Mary Ellen Andrea Brouse Daughter 860 New Valley Road Marysville, PA 17053 Interest Remainder Heir of The Estate of Ramona Gross Form OC-01 rev. 10.13.06 Page 4 of 10 Estate of DAVID M. GROSS Name and Address of Each Party in Anthony Jerome Gross 631 Zenton Street Harrisburg, PA 17104 Brian John Gross 1 Spend-A-Buck Drive Dillsburg, PA 17019 and Deceased Heir of the Estate of Ramona Gross Heir of the Estate of Ramona Gross 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 (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. Letters of Administration granted to Mary Ellen Andrea Brouse and Brian John Gross on March 12, 2004 (Dauphin County). Co-Executors removed and John D. Killian appointed Special Counsel for the Estate by Court Order dated 4/22/05. Ramona Gross Date of Death -February 4, 2004. Farm OC-Ol rev. 10.13.06 Page 5 of 10 Estate of DAVID M. GROSS 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 Ln Full? Bank of America $938.53 Yes ~ Yes clo Weltman, Weinberg & Reis Co QNo ~ No 323 W. Lakeside Ave, Suite 200 Cleveland, OH 44113-1099 Yes ~ Yes ~No ~ No Yes Yes ONo Q No (Yes ~ Yes ~No ~ No 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? ................................ Yes mNo Was family exemption allowed? ................................ DYes ~No Family exemption claimant's name and relationship: Relationship: Form OC-01 rev. 10.13.06 Page 6 of 10 Estate of DAVID M. GROSS ,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 10/26/2004 12/29/2004 83.23 0.25 01/10/2005 0.25 05 08 2007 4,386.63 08/10/2007 759.75 Interest 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 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: NONE KNOWN AT THIS TIME. B. Has notice of the question requiring adjudication been given to the parties identified in Paragraph 9 above? .................. ~ Yes No 15. If Petitioner(s) haslhave 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. N/A Form OC-0! rev. !0.13.06 Page 7 of 10 Estate of DAVID M. GROSS Deceased 16. Had the decedent been adjudicated an incapacitated person? .......... ~ Yes m 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 No 18. If a reserve is requested, state amount and purpose. ,„, „„,. 2,030.00 Purp°se: BASED UPON POSSIBLE REIMBURSEMENT ON ATTORNEY FEES FROM POST & SCHELL AS WELL AS POTENTIAL FIDUCIARY RETURN. 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 ~ No If so, attach a copy of the notice. 19. Is the Court being asked to direct the filing of a Schedule of Distribution? .......................... Yes No As to real estate only? ........................................ DYes ~ No Form OG01 rev. 10.13.06 Page 8 of 10 Estate of DAVID M. GROSS ,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) B. Principal: Proposed Distributee(s) THE ESTATE OF RAMONA GROSS (INCLUDES ACCUMULATED INCOME) Amount/Proportion Amount/Proportion 95,907.09 Submitted By: (All petitioners must sign. Add additional lines if necessary): BRIAN J. GROSS, ADMIN Name of Petitioner: Form OC-01 rev. 10.13.06 Page 9 of 10 Estate of DAVID M. GROSS Deceased Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that he/she HE is tote ADMINISTRATOR of the above-named name of corporation ESTATE 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). * 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. Signature o Counsel for Petitioner Form OC-01 rev. 10.13.06 Page 10 of 10 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy 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 13,1881, 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) November 15, 22, 29, 2007 COPY OF NOTICE OF PUBLICATION NOTICE ` Letters of Administration have been granted to the undersigned Administrator of the Estate of DAVID M. GROSS, late of Camp Hill, Cumberland County, Pennsylvania. All persona havipg claims against the Estate are requested to make uch claims known to the undersigned, Thosepersons indebted to the decedertt are requested to make payment without delayto: ; Britin d. Gross, Administrator c% Douglas G. Miller, Esquire Irwin ~ McKnight 66 West Pomfret Street Carlisle, PA'17013 1RWIN 8 MctCNIGHT, Attorrleys 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 publicatino~n are tru . ~~" v L Sworn to and subscribed before me this 29th. day of November, 2007. Notary Pub My commission expires: 9/r/©r COMMONWEALTH OF PENNSYLVANIA Notarial Seal Christina L. Wdfe, Notary Public Carlisle Bono, G~rr>berlartd County My Commission Expires Sept 1,2008 Member, Pennsylvania Association Of Notaries PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (tinder Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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 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, viz: November 9 November 16, and November 23~ 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. Marie Coyne, SWTO AND SUBSCRIBED before me this 23 day of November. 2007 Notary Gross, David M., deed. Late of Camp Hill. Administrator: Brian J. Gross c/o Douglas G. Miller, Esquire, Irwin & McKnight, 60 West Pomfret Street, Carlisle, PA 17013. Attorneys: Irwin & McKnight. NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARU5LE BORO, CUMBERLAND COUNN My Commission Expires Apr 28.2010 FIRST ACCOUNTING AND PROPOSED DISTRIBUTION OF BRIAN J. GROSS, ADMINISTRATOR OF THE ESTATE OF DAVID M. GROSS, DECEASED LATE OF CAMP HILL, CUMBERLAND COUNTY n Estate File #: 21-03-1065 Estate Identification #.• 11-6612525 Date of Death: Letters Granted to Brian Gross: August 17, 2003 Apri118, 2005 Dates of Advertisement: _ o~ _ =s> --+ t ;:.; ; ~; ~. r~ ~' ---~ ..~,7 The Sentinel - November 15, 22, 29, 2007 Cumberland Law Journal - November 9, 16, 23, 2007 Account Stated: Apri118, 2005 - Apri111, 2008 SUMMARY & INDEX Principal Pages Amount Receipts 2 $158,544.90 Net Gain or (Loss) on Conversions 2 0.00 Receipts Subsequent to Inventory 2 $7,534.92 Adjusted Balance 2 $166,079.82 Debts of Decedent 2 $938.53 Costs of Administration 3 $65,203.74 Reserves 3 $2,030.00 Proposed Distributions 3 $97,907.55 Douglas G. Miller, Esquire IRWIN & McICNIGHT 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 N 0 rn a N N ao ~; _~.- ;--, -; _ -' _~ iW. J ~.~ til "'C:'3 _ ~_ -; '~, . , c'"_) _~ RECEIPTS OF PRINCIPAL Personal Property: Personal Injury Case Accumulated Interest TOTAL RECEIPTS OF PRINCIPAL Value of Assets Fiduciary Listed in Inventory Acquisition (dlold value) Value $156,225.26 $156,225.26 $2,319.64 $2,319.64 $158,544.90 $158,544.90 RECEIPTS SUBSEQUENT TO INVENTORY (Value When Received) Accumulated Interest .........................................................................................................$7,534.92 TOTAL RECEIPTS SUBSEQUENT TO INVENTORY ............................. $7,534.92 RECAPITULATION -RECEIPTS RECEIPTS OF PRINCIPAL (Fiduciary Acquisition value) ........................................... $158,544.90 RECEIPTS SUBSEQUENT TO INVENTORY ........................................................ 7 534.92 TOTAL RECEIPTS OF PRINCIPAL & INCOME ................................ $166,079.82 DISBURSEMENTS Debts of Decedent: Bank of America .............................................................................................................$938.53 Subtotal: ..................................................................................................................................... $938.53 2 Costs of Administration: Department of Revenue, Inheritance Tax ........................................................................$4,386.63 Brian Gross, Executor Fee ................................ ............................................................... $9,000.00 Irwin & McKnight, Attorney Fee ..................... ...............................................................$8,100.00 Register of Wills, Filing Fee ............................. ....................................................................$30.00 Post & Schell, P.C., Attorney Fee ..................... .............................................................$42,470.76 Register of Wills, Additional Probate Fee ........ .................................................................. $210.00 Department of Revenue, Penalties and Interest .................................................................. $759.75 Register of Wills, Filing Fee -Satisfaction and Release of Claim for Bank of America.......$5.00 The Sentinel, Estate Notice ............................... ..................................................................$166.60 Cumberland Law Journal, Estate Notice ........... ....................................................................$75.00 Subtotal: ................................................................................................................................ $65,203.74 Reserves: Reserve for Potential Supplemental Inheritance Tax Return (Inh. Tax and Return) ....... $1,500.00 First and Final Account Filing Fee ..................................................................................... $100.00 Advertising ...............................................................................................................$80.00 Patricia A. Rosendale, CPA, Tax Preparation (Fiduciary Return) ......................................$350.00 Subtotal: .................................................................................................................................. $2, 030. DO TOTAL DISBURSEMENTS OF PRINCIPAL ............................................$68,172.27 RECAPITULATION TOTAL RECEIPTS OF PRINCIPAL & INCOME ............................................. $166,079.82 TOTAL DISBURSEMENTS OF PRINCIPAL & INCOME ................................ X68,172.27 BALANCE FOR DISTRIBUTION ............................................................... $97,907.55 BALANCE FOR DISTRIBUTION The Estate of Ramona Gross ..........................................................................................$97,907,55 ENDING BALANCE $-0- 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss Brian Gross, Administrator for the Estate of David M. Gross, deceased, hereby declares under oath [under penalty of perjury] that he has 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; that, to his knowledge, there are no claims now outstanding against the Estate; a_nd that all taxes presentl~~ due from the est~;te have been paid. B ' oss, Admi ator Sworn and subscribed before me this ~-G- GOMMONWEALTH OF I~FRINSYLVA4~IiA Notarial Seal Karen S. Noel, Notary t~Eiblic Carlisle Boro, Ceambedand County My Cammission Bxpires dec. 8, ?_()'! 1 Member, f'ennsyivania Association of N'c:aries 4 day of April, 2008.