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HomeMy WebLinkAbout10-17-08 .. . DECEDENT'S ESTATE r; -, ,..~ COURT OF COMMON PLEAS OF - ~~ ~~ CUMBERLAND COUNTY, PENNSYLVANIA - ORPHANS' COURT DIVISION - -- + ,~ ESTATE OF SUSAN C. DUNCAN ,DECEASED ~: No. 21-07-0986 PETITION FOR ADJUDICATION / STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.C. Rule 6.9 This form may be used in all cases involving the Audit of the Account of a Decedent's Estate. If space is insufftcient, 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. INCL UDE ATTACHMENTS AT THE BACK OF THIS FORM. Name of Counsel: Keith O. Brenneman Supreme Court LD. 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 Form OC-0l rer. 10.13.06 Page 1 of 10 ,.. r Estate of SUSAN C. DUNCAN ,Deceased 1. Name(s) and address(es) of Petitioner(s): Name: Teresa J. Free adaYess: 232 Stonehedge Lane Mechanicsburg, PA 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? ..................... ~ Yes ~ No If not, identify prior accountings, the accounting periods covered, and the date of adjudication of the prior accounting. 2. Decedent died on August 30, 2007 ® Letters Testamentary or ~ Letters of Administration were granted to Petitioner(s) on November 1.2007 Date of Will (if applicable): N~q Date(s) of Codicil(s) (fapplicable): N/A Date of probate (f different from date Letters granted): Was a bond required? Yes ~ No If yes, state amount: Are proofs of advertising of the grant of Letters attached? ......... ~ Yes ~ No Dates of advertising of the grant of Letters: The Rer,r;r,el - NnvemhPr 1 ~ ~a December 1, 2007 and the Cumberland Law Journal November 23, 30 and December 7, 2007 Form OC-Ol rev. 10.13.06 Page 2 of 10 .. . PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Advertisin 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 17, 24, December 01, 2007 COPY OF NOTICE OF PUBLICATION ADMINISTRATRIX' NOTICE Letters of Administration on the Estate of SUSAN: C. DUNCAN, late of'Middlesex Township, Cumberland County, Pennsylvania, have been granted to the undersigned. All persons knowing themselvesto be,indebted to said Estate will make payment immediately, and those having claims will presenFthem for settlement to: Teresa J. Free, Administratrix ~. 232 Stonehedge Lane Mechanicsburg, PA 17055 Snelbaker & Brenneman, P.C. 44 W: MainBtreet P.O Box 318 Mechanicsburg, PA 17055 Attorneys Affiant further deposes that he/she is, not interested in the subject matter of the aforesaid notice or advertisement, anti that all allegations in the foregoing statement as to time, place and character of publication are true. ~~. ~, Sworn to and subscribed before me this 04th. day of December, 2007. Notary Pub ~ My commission expires: ~l r /ao COMMONWEALTH OP PENNSYLVANIA Notarial Seal Christina L. Wolfe, Notary Public Carlisle 8oro, Cumberland County My Commission Expires Sept. 1, 2008 Member. Pennsylvania Association Of Notaries PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under 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 23 November 30 and December 7 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. r ~ - ---- ;~ Lj a Marie Coyne, Ed' or SWORN TO AND SUBSCRIBED before me this 7 day of December, 2007 LAC G Duncan, Susan C., deed. Notary Late of Middlesex Township. Administratrix: Teresa J. Free, 232 Stonehedge Lane, Mechanics- burg, pA 17055. Attorneys: Snelbaker & Bren- NOTARIAL SEAL neman, P. C., 44 W. Main Street, DEBORAH A COLLINS P.O. Box 318, Mechanicsburg, pA Notary public 17055. CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 2g, 201 p Estate of SUSAN C. DUNCAN Deceased 3. Was decedent survived by a spouse? ............................. ~ `t'es ~ No If yes, name of the surviving spouse: 4. Has the surviving spouse filed to take an elective share? ............. 0`~'es ®/ 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): See page 6 of accounting "* * Persons Interested in Distribution of Estate" 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)? ........................................... ® es ®No Y 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 Welfare? .............................. Yes ~ No Form oc-or Yev. X0.13.06 Page 3 of 10 Estate of SUSAN C. DLTNCAN Deceased 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 ] 0 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 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): Farm OGOI rev. 10.13.06 Page 4 Of 10 Estate of SUSAN C. DUNCAN N/A Deceased 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 OG01 rev. 10.13.06 Paige 5 Of I 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. Estate of SUSAN C. DUNCAN 10 Deceased 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? See page 6 of accounting Yes Yes ~No No Yes Yes ~No ~,] No Yes ~~ Yes ~No ~~ 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. Was family exemption claimed? ................................ ~Y~°s ~No Was family exemption allowed? ................................ ~Yf°s ~No Family exemption claimant's name and relationship: Nance: Relationship: Farm oc-ol rev. J0./3.06 Page 6 of 10 Estate of SUSAN C. DUNCAN 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 Insolvent Estate - no tax due 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? ................... ~ 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: 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. 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. !0.13.06 Page 7 of 10 Estate of SUSAN C. DUNCAN Deceased 16. Had the decedent been adjudicated an incapacitated person? .......... ~ Yes ~ 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? ............. ~Y"es ~ No 18. If a reserve is requested, state amount and purpose. Amount: 145'96 P"rpOSe~ Filing fee for Final Accounting and certified mail costs. 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? ........................................ Yes ~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? ........................................ QYes ~No FoYm oc-ol ,-eti~. in. X3.06 Page 8 of ] 0 Estate of SUSAN C. DUNCAN 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 No income to be distributed B. Principal: Proposed Distributee(s) Amount/Proportion Insolvent Estate - no distributions to beneficiaries Submitted By: (All petitioners must sign. Add additional lines if necessary): ,. _. _.t..~..,~..-~ "- Name of Petitioner: Teresa J. Free Name of Petitioner: Form oc-oi rev. io.~3.06 Page 9 of 10 Estate of SUSAN C. DUNCAN Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that heistie she is urre Administratrix Deceased of the above-named name of corporation Estate of Susan C. Duncan 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 ur~sworn falsification to authorities). -; .... _~~.. Signature bcf _P„ itioner * 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 of Counsel for Petitioner Fornroc-oi rer. rn.~3.o6 Page 10 of 10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. ORPHANS' COURT DIVISION FILE NO: 21-07-0986 FIRST AND FINAL ACCOUNT OF 1~eresa J. Free, Administratrix For ESTATE OF SUSAN C DUNCAN Social Security #: Tax ID #: Date of Death: Date of Incapacity, if any: Date of Administratrix Appointment: Date of First Complete Advertisement: Accounting for the period: 191-42-8592 August 30, 2007 None November 1.2007 November 17, 2007 August 30,2007 October 8, 2008 ~~ ~~ ~~~ Purpose of Account: Teresa J. Free, Administratrix, offers this Account to acquasnt 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: Keith O. Brenneman Snelbaker & Brenneman, P C 44 West Main Street Mechanicsburg, PA 17055 Phone #: 717-697-8528 Supreme Court I.D. No: 47077 -- •-.., , - -~ :~<~ , {_::> __, a __. ~. ,...; "rr ~ .. _~.,. LAW OFFICES SNELBAKER 8C BRENNEMAN, P.G. Page 1 LAW OFFICES SNELBAKER 8C BRENNEMAN, P.C. SUMMARY OF ACCOUNT PRINCIPAL Receipts PAGE 3 _ $5,182.12 $5,182.12 Less Disbursements/Claims to be paid upon confirmation of account: Class I Claims: 3 $2,841.77 Class II Claims 3 $0.00 Class III Claims 3 $1,557.95 Class IV Claims 3 $783.06 Class V Claims 3 $0.00 Class VI Claims 4 $0.00 $5,182.78 Balance before Distributions -$0.66 Distributions to Beneficiaries 4 $0.00 Principal Balance on Hand 4 _ -$0.66 For Information: Investments Made 5 Changes in Holdings 5 INCOME Receipts 5 $0.66 Less Disbursements 5 $0.00 Balance before Distributions __ $0.66 Distributions to Beneficiaries 5 $0.00 Income Balance on Hand _ $0.66 COMBINED BALANCE ON HAND $0.00 Listing of Unpaid Creditors 6 Listing of Persons Interested in Distribution 6 Estate Affidavit Page 7 Page 2 PRINCIPAL RECEIPTS TOTAL PRINCIPAL RECEIPTS $5,182.12 Assets Listed on Inventory per copy of attached: $5,182.12 (Valued as of Date of Death) ADJUSTMENTS TO INVENTORY $0.00 SUBSEQUENT RECEIPTS $0.00 DISBURSEMENTS OF PRINCIPAL LAW OFFICES SNELBAKER EC BRENNEMAN, P.C. CLASS (CLAIMS -COSTS OF ADMINISTRATION Snelbaker & Brenneman, P.C., costs advanced: 366.81 a. Register of Wills, probate fee 75.00 b. Register of Wills, filing fee Inheritance 45.00 Tax Return and additional probate fee c. The Sentinel, advertising Administratrix' Notice 166.60 d. Cumberland Law Journal, advertising Notice 75.00 e. Certified Mail 5.21 Snelbaker & Brenneman, P.C., attorney fees 2,200.00 Accountant fees for preparation of 2007 Income Tax Returns 124.00 Pennsylvania Department of Revenue, 2007 tax liability 5.00 The following items are to be paid upon confirmation of accounting: "` Reserve for filing fees for Final Accounting ($130.00) and 145.96 certified mail costs ($15.96) _ TOTAL CLASS I CLAIMS TO BE PAID: $ 2,841.77 CLASS II CLAIMS -FAMILY EXEMPTION NONE $0.00 CLASS III CLAIMS -COST OF FUNERAL AND BURIAL. AND THE COSTS OF MEDICINES FURNISHED WITHIN SIX MONTHS OF DEATH ""* Partial payment to Commonwealth of Pennsylvania for reimbursement 1,557.95 for medical expenses incurred during last six months of decedent's life TOTAL CLASS III CLAIMS TO BE PAID: $ 1,557.95 ', CLASS IV CLAIMS -COSTS OF GRAVEMARKER ', Malpezzi Funeral Home, grave marker CLASS VCLAIMS -RENTS FOR OCCUPANCY OF THE DECEDENT'S RESIDENCE NONE CLASS VI CLAIMS -ALL OTHER CLAIMS NONE $783.06 $0.00 $0.00 Page 3 NONE DISTRIBUTIONS OF PRINCIPAL TO BENEFICIARIES PRINCIPAL BALANCE ON HAND $0.00 FIDUCIARY VALUE AT F~COUISITION 10/8/2008 VALUE LAW OFFICES SNELBAKER EC BRENNEMAN, P.C. Cash '`` Less expenses to be paid subsequent to confirmation of First and Final Account as listed on page 3 of accounting TOTAL PRINCIPAL BALANCE ON HAND $ 2,180.16 $ 5,182.12 -2180.16 $ - ~$ 5,182.12 Page 4 INFORMATION SCHEDULES PRINCIPAL INVESTMENTS MADE NONE NONE $0.00 CHANGES IN PRINCIPAL HOLDINGS $0.00 RECEIPTS OF INCOME 11/27/2007 M&T Bank, checking account #523324655, interest $0.66 NONE DISBURSEMENTS OF INCOME $0.00 DISBURSEMENTS OF INCOME TO BENEFICIARIES NONE $0.00 ' LAW OFFICES SNELBAKER SC BRENNEMAN. P.C. Page 5 '` UNPAID CREDITORS: 1. Commonwealth of Pennsylvania Department of Public Welfare Bureau of Financial Operations Division of Third Party Liability Estate Recovery Program Attention: Barbara E. Witmer P.O. Box 8486, Harrisburg, PA 17105-8486 Class III Claim for remainder of unpaid medical expenses ,$ 36,128.20 within the last six months of Decedent's life ** PERSONS INTERESTED IN DISTRIBUTION OF ESTATE: Teresa J. Free 232 Stonehedge Lane Mechanicsburg, PA 17055 Frank Duncan 212 Barley Field Circle Carlisle, PA 17013 3. Rachel Mellott 6 Meadow Lane Newville, PA 17241 LAW OFFICES SNELBAKER 8C BRENNEMAN, P.C. Page 6 COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) Teresa J. Free, being duly sworn according to law deposes and says: that she is the Administratrix of the Estate of Susan C. Duncan, Deceased; and that she is the Accountant herein; that the foregoing is a true and complete accounting of her administration of said Estate; that the attached list or schedule ["] contains the names, addresses and amounts due unpaid creditors who have given proper notice of their claims; that the attached list or schedule ['"`] contains the names and addresses of all persons interested in the distribution i I~ of said Estate; and that the facts set forth herein are true and correct to the best of her knowledge, information and belief. _.___~~ r- .. Teresa J. Free, inistratrix Sworn to and subscribed before me this'~(D.}(1 day ofp c'ra berg 2008 II ~ ~-/lc~ld-~ ~ -~'Y1C~,~j COMMONWEALTH OF PENNSYLVANIA NoG;tiai Sri ~~~ K ai ~e'~'t5. Nota~ Public Mechanicsburg F~~:~, ~'ue";~dand County My Commiss'sor~ E.:~~~ N`~ ~~iszv. 22, 2011 Member, Pennsyfvaraa Ausocp:~tion of Notaries LAW OFFICES SNELBAKER BC BRENNEMAN, F.C. Page 7