HomeMy WebLinkAbout04-15-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA.
ORPHANS' COURT DIVISION
FILE NO: 21-10-0775
FIRST AND FINAL ACCOUNT OF
Ronald J. Chipriano, Administrator C.T.A.
For
ESTATE OF MARY JANE CHIPRIANO
Social Security #: 211-22-7191
Tax ID #: 30-6253325
Date of Death: January 17, 2010
Date of Incapacity, if any: None
Date of Administrator Appointment: August 16, 2010
Date of First Complete Advertisement: August 26, 2010
Accounting for the period: January 17, 2010
March 25, 2011
Purpose of Account: Ronald J. Chipriano, Administrator C.T.A. 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
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SUMMARY OF ACCOUNT
PRINCIPAL
Receipts
PAGE
3
Less Disbursements/Claims paid or to be paid upon confirmation of account:
$49, 719.18
$49,719.18
Class (1) Claims: 3 $5,963.44
Class (2) Claims 3 $0.00
Class (3) Claims 3 $18.85
Class (4) Claims 3 $0.00
Class (5) Claims 3 $0.00
Class (6) Claims 4 $43,737.35
Class (7) Claims 4 $0.00 $49,719.64
Balance before Distributions -$0.46
Distributions to Beneficiaries 4 $0.00
Principal Balance on Hand -$0.46
For Information:
Investments Made 4
Changes in Holdings 4
INCOME
Receipts 4 $0.46
Less Disbursements 4 $0.00
Balance before Distributions $0.46
Distributions to Beneficiaries 4 $0.00
Income Balance on Hand $0.46
COMBINED BALANCE ON HAND $0.00
Listing of Unpaid Creditors 5
Listing of Persons Interested in Distribution 5
Estate
Affidavit Page g
Page 2
PRINCIPAL RECEIPTS
Assets Listed on Inventory per copy attached: $49,719.18
(Valued as of Date of Death)
ADJUSTMENTS TO INVENTORY 0.00
SUBSEQUENT RECEIPTS 0.00
TOTAL PRINCIPAL RECEIPTS $49,719.18
DISBURSEMENTS OF PRINCIPAL
CLASS (1) CLAIMS -COSTS OF ADMINISTRATION
1 /14/2010 Check written by the Decedent prior to death from PNC Bank $ 324.00
account for life insurance premium
11/24/2010 Snelbaker & Brenneman, P.C., reimbursement for following costs: 489.44
a. Register of Wills, probate fees 124.50
b. Register of Wills, renunciation fees 5.00
c. Cumberland Law Journal, advertise 75.00
Administrator's Notice
d. The Sentinel, advertise Administrator's Notice 219.40
e. Register of Wills, filing fee for Inventory and 30.00
Inheritance Tax Return
f. Register of Wills, additional probate fee 30.00
g. Certified mailing costs 5.54
11/24/2010 Snelbaker & Brenneman, P.C., partial payment on attorney services 2,014.00
The following items are to be paid upon confirmation of the accounting:
**** Snelbaker & Brenneman, P.C., balance due on attorney fees 986.00
**** Ronald J. Chipriano, Administrator Commission 2,000.00
**** Reserve for filing fees for Final Accounting and mailing costs 150.00
TOTAL CLASS (1) CLAIMS TO BE PAID: $ 5,963.44
CLASS (2) CLAIMS -FAMILY EXEMPTION
NONE $0.00
CLASS (3) CLAIMS -COST OF FUNERAL AND BURIAL, AND THE COSTS OF MEDICINES
FURNISHED WITHIN SIX MONTHS OF DEATH
5/21/2010 Millennium Pharmacy, costs of medicine $ 18.85
TOTAL CLASS (3) CLAIMS TO BE PAID: $ 18.85
CLASS l4) CLAIMS -COSTS OF GRAVE MARKER
NONE $0.00
CLASS (5) CLAIMS -RENTS FOR OCCUPANCY OF THE DECEDENT'S RESIDENCE
FOR SIX MONTHS IMMEDIATELY PRIOR TO DEATH
NONE $0.00
Page 3
CLASS (6) CLAIMS -CLAIMS BY THE COMMONWEALTH AND THE
POLITICAL SUBDIVISIONS OF THE COMMONWEALTH
The following items are to be paid upon confirmation of the accounting:
**** Partial payment to Commonwealth of Pennsylvania, Department $ 43,737.35
of Public Welfare on Class 6 Claim for restitution for medical
assistance provided to the Decedent
TOTAL CLASS (6) CLAIMS TO BE PAID: $ 43,737.35
CLASS (7J CLAIMS -ALL OTHER CLAIMS
NONE $0.00
DISTRIBUTIONS OF PRINCIPAL TO BENEFICIARIES
NONE $0.00
PRINCIPAL BALANCE ON HAND
FIDUCIARY
VALUE AT ACQUISITION
3/25/2011 VALUE
Cash $ 46,873.35 $ 49,719.18
**** Less expenses to be paid subsequent to $ (46,873.35)
confirmation of First and Final Account as
as listed on page 3 & 4 of accounting
TOTAL PRINCIPAL BALANCE ON HAND $ 0.00 $ 49,719.18
INFORMATION SCHEDULES
PRINCIPAL INVESTMENTS MADE
NONE $0.00
CHANGES IN PRINCIPAL HOLDINGS
NONE $0.00
RECEIPTS OF INCOME
3/25/2011 PNC Bank, interest on account #5070021088 $0.46
DISBURSEMENTS OF INCOME
NONE $0.00
DISBURSEMENTS OF INCOME TO BENEFICIARIES
NONE $0.00
Page 4
UNPAID CREDITORS:
Commonwealth of Pennsylvania $ 135,247.52
Department of Public Welfare
Bureau of Program Integrity
Division of Third Party Liability
Estate Recovery Program
Attention: Elvetta E. Knox
P.O. Box 8486
Harrisburg, PA 17105-8486
Balance of Class 6 Claim for medical assistance
in the amount of $178,984.87 for medical
assistant provided to the Decedent
** PERSONS INTERESTED IN DISTRIBUTION OF ESTATE:
1. Nancy M. Carlson $0.00
274 East 24th Street
Idaho Falls, ID 83404
2. Ronald J. Chipriano $0.00
40 Royal Palm Drive
Mechanicsburg, PA 17050
3. Robert G. Chipriano $0.00
408 Garman Avenue
Galena, MD 21635
Page 5
COMMONWEALTH OF PENNSYLVANIA )
SS.
COUNTY OF CUMBERLAND )
Ronald J. Chipriano, being duly sworn according to law deposes and
says: that he is the Administrator C.T.A. of the Estate of Mary Jane Chipriano,
Deceased; that he is the Accountant herein; that the foregoing is a true and complete
accounting of his administration of said Estate; that the attached list or
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 of
said Estate; and that the facts set forth herein are true and correct to the best
of his knowledge, information and belief
~~~~ ~ ~
Ronald J. ipriano, dministrator C.T.A.
Sworn to and subscribed before
me this ~~~~day of ~Q,,~C 2011
Notarial Seal
Susan L Mme. Noiary ~~
Mecharicsbur9 Bono. C ~ ~`Cou1 Y
AAy Cornrnission E~riras
member. P+~+~ A~ Notes
Page 6
DECEDENT' S ESTATE
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
ESTATE OF MARY JANE CHIPRIANO
No. 21-10-0775
DECEASED
PETITION FOR ADJUDICATION /
STATEMENT OF PROPOSED DISTRIBUTION
PURSUANT TO Pa. O.C. Rule 6.9
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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.
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-o1 rev. 10.13.06 Page 1 of 10
Estate of MARY JANE CHIPRIANO
1. Name(s) and address(es) of Petitioner(s):
Name: Ronald J. Chipriano
Address: 40 Royal Palm Drive
Mechanicsburg, PA 17050
Deceased
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 No
If not, identify prior accountings, the accounting periods covered, and the date of
adjudication of the prior accounting.
2. Decedent died on January 17, 2010
Letters Testamentary or Letters of Administration were granted to Petitioner(s) on
August 16.2010
Date of Will (if applicable: October 8, 1998
Date(s) of Codicil(s) (if applicable): N/A
Date of probate (if different from date Letters granted): same as ahnve
Was a bond required? 'es 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 ~ent;nPl _ A„~„~t ~~ Cantamhar 7 .Qi
September 9, 2010 -Cumberland Law Journal September 3, 10, 17, 2010
Form OC-01 rev. 10.13.06 Page 2 of 10
Estate of MARY JANE CHIPRIANO
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? ............. Yes 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):
N/A
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: Late 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-Ol rev. 10.13.06 Page 3 of 10
Estate of MARY JANE CHIPRIANO
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. 0. 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 andAddress of Each Party in Interest ~ Relationship and Comments,
Nancy M. Carlson Daughter
274 East 24th Street
Idaho Falls, ID 83404
Interest
1/3 of residue
Ronald J. Chipriano Son 1/3 of residue
40 Royal Palm Drive
Mechanicsburg, PA 17050
Form OC-01 rev. 10.13.06 Page 4 of 10
Estate of MARY JANE CHIPRIANO
Name and Address of EachPariy in Interest ~ Relationship and Comments,
Robert G. Chipriano Son
408 Garman Avenue
Galena, MD 21635
Deceased
Interest
1/3 of residue
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.
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 OC-O1 rev. 10.13.06 Page 5 of 10
Estate of MARY JANE CHIPRIANO
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 andAddress of Each Claimant Amount ofClairn Claim Will Claim
Admittech Be Paid In
Full?
Commonwealth of Pennsylvania 178,984.87 Yes Yes
Department of Public Welfare ~No No
Bureau of Program Integrity
Division of Third Party Liability
Estate Recovery Program Yes ~ Yes
Attention: Elvetta E. Knox No No
P.O.. Box 8486
Harrisburg, PA 17105-8486
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.
11. Was family exemption claimed? ..... Yes No
..........................
Was family exemption allowed? ................................ Yes No
Family exemption claimant's name and relationship;
Name:
Relationship:
Form OC-01 rev. 10.13.06 Page 6 of 10
Estate of MARY JANE CHIPRIANO
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? .................. Yes 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.
N/A
Form OC-O1 rev. 10.13.06 Page 7 of 10
Estate of MARY JANE CHIPRIANO
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? ............. Yes No
18. If a reserve is requested, state amount and purpose.
Amount: 150.00
Purpose: Filing fee for Final Accounting and mailing 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? ........................................ Yes No
Form OC-Ol rev. 10.13.06 Page 8 of 10
Estate of MARY JANE CHIPRIANO
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)
Amount/Proportion
Amount/Proportion
Submitted By:
(All petitioners must sign.
Add additional lines if necessary,):
Name of Pet' ' oner: Ro d J. Chipriano
Name of Petitioner:
Form OG01 rev. 10.13.06 Page 9 of 10
Estate of MARY JANE CHIPRIANO
Verification of Petitioner
(Verification must be by at least one petitioner.)
Deceased
The undersigned hereby verifies * [that heishe he is rime Administrator C.T.A.
of the above-named name of corporation Estate of Marv Jane Chipriano 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).
Signature o ' 'oner
'~ 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
Form OC-Ol rev. 10.13.06 Page 10 of 10
PROOF OF PUBLICATION
State of Pennsylvania, County of Cumberland
Tames Kleinklaus, Director of Sales and Marketing, 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):
August 26, September 2 and September 9, 2010
COPY OF NOTICE OF PUBLICATION
ADMINISTRATOR'S NOTICE"
letters of Administratioh C.T.A. on the Estate of MARY JANE CHIPRIANO,
..late of the Borough of Carlisle, Cumberland County, Pennsylvania, have
been grartted to'the'undersigned.
All persons. knowing themselves to be indebted to said Estate will make
payment immediately, and those having claims willpresent them for
settlement to
Ronald J. Chipriano, Administrator
40 Royal Palm Drive
Mechanicsburg; PA 17050
Keith O. Brenneman, Esquire
Snelbaker S~ Brenneman, P:C.
44 WestMain Street
P. O. Box 318
Mechanicsburg, PA 17055
Attorneys for Administrator
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. ,,
.~'
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Sworn to and sub ribed before me this
Notary Public
My commission expires:
NOTARIAL SEAL
BAMBI ANN HEGKENDORN
Notary Public
CARLISLE BOROUGH, CUMBERLAND CNTY
My Commission Expires Jan 27, 2014
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,
V1Z:
September 3, September 10, and September 17, 2010
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.
~.
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i a Marie Coyne, E for
,~
SWORN TO AND SUBSCRIBED before me this
17 of September, 2010
i/
Notary /
Chipriano, Mary Jane, deed.
Late of the Borough of Carlisle.
Administrator C.T.A.: Ronald J.
Chipriano, 40 Royal Palm Drive,
Mechanicsburg, PA 17050.
Attorneys: Keith O. Brenneman,
Esquire, Snelbaker & Brennaman,
P.C., 44 W. Main Street, P.O. Box
318, Mechanicsburg, PA 17055.
NOTARIAL SEA!
DEBORAH A COLltNS
Notary Public
CARLISLE BOROUGH, CUMBERLAND COUNTY
My Commission Expires Apr 28, 2014
RICHARD C. SNELBAKER
KEITH O. BRENNEMAN
SNELBAKER ~ BRENNEMAN, P.C.
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
44 WEST MAIN STREET
MECHANICSBURG, PENNSYLVANIA I7055
717-697-8528
August 19, 2010
Department of Public Welfare
Division of Third Party Liability
Estate Recovery Program
P. O. Box 8486
Harrisburg, PA 17105-8486
Re: Estate of Mary Jane Chipriano
Social Security No. 211-22-7191
Date of Death: January 17, 2010
Date of Birth: Apri16, 1924
Dear Sir/Madam:
SOOpp
P. O. BOX 318
FACSIMILE (717) 697-7681
Please note this firm's of Ronald J. Chipriano, Administrator C.T.A. of the Estate of Mary Jane
Chipriano, deceased.
This letter will serve to request a statement from your office in writing with respect to any claim
that the Pennsylvania Department of Public Welfare may have against the Estate of Mary Jane
Chipriano. .
I thank you for your attention to this request. If you should have any questions, please feel free
to contact me.
Your S tl'Uly,
Keith O. Brenneman
KOB/sm
CC: Ronald J. Chipriano, Administrator
By certified mail, return receipt requested, parcel No. 7004 1350 0004 1256 4736
2Q Pa. C. S, ~. Sec.. 3392.
~ ~3~2. ~~a~~~f~cati®n and arder o~ 1?aY~nent .
If the applicable assets of the estate are insufficient to a
charges and claims in full, the personal representative, sub'ec ~~ ~ props]
ence given by Iaui to cI~,ims due the United States, shall pay the 1 nrefer-
fohov'itlg order, without: priority as between claims of the saws cI ~~ in the
(z) The costs of adrriinistration. mss'
(2) The family exprription. '
(3) The costs of the decedent's funeral and biuzal, and .
the costs. of
medicines furnished to hind v~~ithin six months of his death, of 111 '
nuz°sing sez~jices psz°formed for him vrithin that time, of h.os 7itate~o~ or
izlcluding zlaail~ltc,rance provide
uzidez' the i-riedical ~ I d him within ~I1at time, of sez°vices ;,]ro ided
r.sBiStz1I]('~' t3P'O~r;."7,111 )S'oV1C~E~
~ez~Tice{1s l~~e:t°fvrmed .for him b- a.z1 1 d wit;llin t;hat tune and of
(~) ~J. ~~P ~ s' Y of his ez~~l~Ir~ye~s ~vif;hin ti~.• ,
cc~ ~t of a. gravemaz l~c~r. at tizr~e.
(~) ~,ents .fc,r the ~iccupa.ney of tl]e deems f~~;
i]r~az%diately l~.riar to hi, death.. ~elen~ r~:~si.dence for ~JIA rr.]on.tll,~
(::i.I} C,Iaizx~s by tlln Commonwea.l.th s,aui the tx3litica,l subtiivisior~
Canl.nota ;T~e«itli.
~~ of tl~A
(~) -~'dl otIl~ar claim,.
1`'7`x, ~l''izne ~Cl P..I
`'~> p. ~ ~. ~(~~, 1!vTo. I~~, § 2, efif ~~t.~,y 1, X972. ~rxiezlded :'JUG, lH e17.
L. ~~, I~To. I7, § 1, imd. Ef7PCtiV~.
CLAIMS AND LIABILITIES of ESTATl;s § ~~"l:`Z07
~~~" Prinzd,
,~,_~ ~: '~ Aut~liority
:;~ 20 Pa. C.S. S§ ~ 381, 3392, 3532(b)(3}
A.L.R. Library
A.L.R. Index, Decedents' Estates; Executors and Administrators•
Judgment Liens; .Judgments, Orders, and Decrees; Liens and
Encumbrances; Preferences and Priorities; Tax Liens
3
~. ~. West s A.L.R. Digest, Executors and Administrators X202 259 to
261, 5X3(10). 513(11)
• Legal. E~zcyclopedias
Am. Jur. 2d, Descent and Distribution § 141; Executors and
Administrators §§ G49 tv G76
C.J.S., Executors anal. Admizistrators §§ 50,3 to 532
Research efe~°ene~s
West's K.ey 1`Jzul~be~° Digesf,, Executors aid Administrators ~219.G,
259 to 261. •
If the appli~:able assets c?f' the decedent's estate a•e iz-zsuf=
ficien.t to i~ay alI proper charges ar~_d claims in f~.ll the
personal representative, sub,~ect to any preference gi;~en by
law to claiz~n5 dz.~.e the ~Jnited Mates, must pay the:in i.,l the
following oz~der, v,Tithout priority as between claiz~:is o.f tlbe
same class;
{~.) tl~e costs of adznin_istz•ation;
{2) the family exez~1pti.on;
(3) tl~e ec~sts of the decedcz~.t's funeral and burial, and the
costa, of rz~zedicil~.es fi~rnishecl to the decedent within
si~a mor~tl~zs of ;pis oz• 1-~er deai;h, of 121edical or nursing
services I~erfor~~~ecE for tl~e decedent
within tha. f; ti~.~ze,
~f 11~?s~zt~l s~_"~•.T1ce:S zz`2~;~.LZC~z12`, IIlaII1t~]Z~n~~ ~,
- ~' n
1-~ provi.d~d
t.li~e ~~:?~~'.C~~.~?I'xL ~i%Itl~..ll~ thclt tl.nle Of SerV:E~'es 1.~roVZCleci
L~I~_de~" t;.le ~
~-?~~'t-f7.c~~. a4isl.~r'ti;~.z7.C;E? ~r~?~'}'al7:i pro=d~.rl~~~l. ~~tTz
t~.1~I1.
.t. ei~~ i,.. ~.:t`t ecs c~11 ..~°. `t.1'j ~,j t'"?''+f.:~ti7 ~.,~i','r ~i~rjj~ited ?o.l' C,l,~.e ~d ~', ~~`]~~J.i'.tt
~J/T GZ ~_Y. ~~ f.~'.C' .E s~_.F.u ~~.A.~ f ~_~.. i~~~Q FJ,n ~ 7 td1 G:~.~ 4 T _
{5) rents for tl~e ~~cc°t~.:~az~~~ ~ '
i y of tn,., decedenf~'s reszdei7cc for
six z~~.c~z~t.hs zznm"diatel.:y Prior to his or her death;
{G) claims I?y tf.1e Coz~~nlon~~vealth and the political subdi-
visioz-zs of th.e ~olrunonvvealth; and
2s9
§ 1 ~"I20'7 STANDARD Pr•;NNSXLVANIA PRACTICE 2D`
(7) all otlier claims.'
The statutory order of priority applies only in determining
the respective rights of zulsecured creditors among them-
selves, and does not apply to those who, during the decedent's
lifetime, have obtaizled security for their claims by mortgage
yr by lien of judgxnent.2 Such secured creditors contixlue to
have first priority with respect 't;o the encumbered property
of the decedent'3
'~11e purpose of the rule fixing the order of priority among
unsecured creditors and those who have incurred charges in
cozlxlection with an e~7ta~f~e is ~to favor certain classes of credi-
~tvrs; to this enc]., the la~N must be strictly construed, and is
subject to tl~e g~ezleral rule of constructicll that parties claim-
ing l;he ~Jei7E~fit of class l.egislatioll zn.ust bring themselves
~V1t111T1 1tS jJx°OV1S1.411s.
Property tivhich is subject to a valid option ag7 eenzent made
by the decedent while living, and which is subject to a decree
of specific perfarxnallce against 11is or her estate, takes priox•-
ity over file elective share of the decedent's surviving spouse.5
~11en a testator in ~11is will gives specified ,property or a share
of 11is estate in exact or substantial compliance with the
terms c,f his obligations under an inter vivos property settle-
z?:tent or antenziptial agr eenlezlt made with his wife, tl~.e j~rife
is a creditor of his estate and 11c-t a legatee under the will,
and consequently, tize wife's claiJla. is superior to the claims
of otilei legatees v1d d.evisees.8
tiVhere a surety pa~~s money to the governmexlt oil behalf
of his or her prizlcipal fvr taxes assessed as due, file surety
is entitled to be sub:E°ogated to the rights of the goverz~.rnent,
includill~ 2z1y pp°ior.?i;v wh.icl.1 tl~ze governz~.lent znay Dave.'
[`~ecti€~n 1:7:20 7
'20 Pa. C.S. § 3392.
As to the pz~efc.l-ence for
claims due the united States, see
§§ 157:215, 157:216.
For further discussion of pri-
ority of claims, see 10 Sunl. Pa. Jur.
2d, Probate, Estates, and Trusts
§ § 12:51 to 12:52.
. 2§ 157;208.
3§ 15"x:208.
4In re Gilbert's Estate, 5 Pa.
L. & C.2d 646, 195G WL G522
(orphans' Ct. 1.956).
5In re Brown's Estate, 44C Pa.
401, 289 A.2d 77 (1972).
As to specific performance of
such agreements, see 20 Pa. C.S.
§ 3390, discussed in § 164:33.
sIn re Estate of Blumenthal,
2002 PA Super 382, 812 A.2d 1279
(2002).
~In re Sheaft'er's Estate, 281
Pa. 138, 126 A. 205 (1924).
290
INVENTORY
REGISTER OF WILLS OF CUMBERLAND
COUNTY, PENNSYLVANIA
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND SS File Number 21-10-0775
Personal Representative(s) of the Estate of Ronald J. Chipriano, Administrator C.T.A.
deceased, depose(s) and say(s) that the items appearing in the following inventory include all of the personal assets wherever situate
and all of the real estate in the Commonwealth of Pennsylvania of said Decedent, that the valuation placed opposite each item of said
inventory represents its fair value as of the date of the decedent's death, and that Decedent owned no real estate outside of the
Commonwealth of Pennsylvania except that which appears in a memorandum at the end of this inventory.
I verify that the statements made in this Inven- ~
tort' are true and correct. I understand that false state-
ments herein are made subject to the penalties of
18 PaC.S. § 4904 relating to unsworn falsification to
authorities.
Attorne ame Keith O. Brenneman
y -" ~ )
(Address) ~ West Main Street, Mechanicsburg PA 17055
(Telephone) 717-697-8528 47077
(Supreme Court I.D. No.)
DATE OF DEATH LAST RESIDENCE DECEDENT'S SOC. SEC. NO.
January 17, 2010 422 Walnut Bottom Road, Carlisle, PA 17013 211-22-7191
FIGURES MUST BE TOTALED
Personalty: 1. PNC Bank, N. A. checking account No. 5070021088: $ 2,573.00
2. Inheritance from Estate of John L. Chipriano: $47,146.18
Total Personalty: 49,719.18
4
.
_..
2
_?:
.: .7
i.....~:.._: ~
Real Estate: None
4 ..
;;; . --
~::w~ ~.
-^
a7
`~ `~ ~
..... '
~-~ ,
'~ L. `'.J ~.'3
'-r'r
(Attach additional sheets as needed)
TOTAL: ~ 49,719.18
NOTE: The Memorandum of real estate outside the Commonwealth of Pennsylvania may, at the election of the personal representative include the value of each
item, but such figures should not be extended into the total of the Inventory. (See 20 Pa. C.S § 3301(b))
Form RW-09 rev. 10.13.06
SNELBAKER ~ BRENNEMAN, P.C.
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
RICHARD C. SNELBAKER
KEITH O. BRENNEMAN
44 WEST MAIN STREET
2vIECHANICSBUR.G, PENNSYLVANIA 17055
717-697.8528
P. O. BOX 318
FACSIMILE (717) 697-7681
April 14, 2011
Nancy M. Carlson
274 East 241' Street
Idaho Falls, ID 83404
Robert G. Chipriano
408 Gaz-man Avenue
Galena, MD 2163 5
Ronald J. Chipriano
40 Royal Palm Drive
Mechanicsburg, PA 17050
Re: Estate of Mary Jane Chipriano
Dear Ms. Carlson and Mssrs. Chipriano:
I am enclosing for each of you a copy of the First and Final Account of Ronald J. Chipriano,
Administrator with respect to the Estate of Mary Jane Chipriano.
I write to inform you that the First and Final Account is scheduled for confirmation before the
Court of Common Pleas of Cumberland County on June Zl, 2011 at 9:30 a.m. in Courtroom No. 1 at the
Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania.
Please note that any objections to the First and Final Account must be filed in writing with the
Office of the Register of Wills of Cumberland County no later than 9:00 a.m. on June 21, 2011. A copy
of any objections that are filed must be served upon the undersigned as attorney for Ronald J. Chipriano,
AC11111n1StratOr.
Please note that the Estate is insolvent and that there will be no distribution to the beneficiaries
due to the debt owed to the Commonwealth of Pennsylvania, Department of Public Welfare.
Yours truly,
~~
Keith O. Brenneman
KOB/sm
Enclosure
SNELBAKER ~ BRENNEMAN, P.C.
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
44 WEST MAIN STREET
MECHANICSBURG, PENNSYLVANIA 17055
RICHARD C. SNELBAKER
KEITH O. BRENNEMAN
Commonwealth of Pennsylvania
Department of Public Welfare
Bureau of Program Integrity
Division of Third Party Liability
Estate Recovery Program
Attn: Elvetta E. Knox
P. 0. Box 8486
Harrisburg, PA 17105-8486
Re: Estate of Mary Jane Chipriano
Dear Ms. Knox:
717-697-852$
P. O. BOX 318
FACSIMILE (717) 697-7681
April 14, 2011
Enclosed please find a copy of the First and Final Account of Ronald J. Chipriano, Administrator
of the Estate of Mary Jane Chipriano.
Please be advised that the First and Final Account is scheduled for confirmation before the Court
of Common Pleas of Cumberland County on June 21, 2011 at 9:30 a.m. in Courtroom No. 1 at the
Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania.
Please note that any objections to the First and Final Account must be filed in writing with the
Office of the Register of Wills of Cumberland County no later than 9:00 a.m. on June 21, 2011. A copy
of any objections that are filed must be served upon the undersigned as attorney for Ronald J. Chipriano,
Administrator.
If you should have any questions, please feel free to contact me.
Yours truly,
~~~\
~`._..~
Keith O. Brenneman
KOB/sm
Enclosure
CC: Ronald J. Chipriano, Administrator