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HomeMy WebLinkAbout08-24-11McCarthy Weisberg Cummings, P.C. James J. McCarthy, Jr., Esquire Attorney I.D. No. 82266 2041 Herr Street Harrisburg, PA 17103-1624 717-238-5707 n =:- -~~' 717-233-8133 (fax) jmccarthy@mwcfirm.com ~ C'? ;;=, .. -...- f_- ~_. ._ n r,,_ J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT'~T; ~; - PENNSYLVANIA ORPHAN'S COURT DIVISION . '--T= -~ _-, ;, , In Re: No. 2008-01228 ESTATE OF DAVID C. JUMPER DECEASED PETITION FOR DISTRIBUTION OF INSOLVENT ESTATE UNDER 20 PA. CONS. STAT. ANN. SECTION 3392 TO THE HONORABLE JUDGES OF SAID COURT: AND NOW COMES, Petitioner, Tracey S. Barrick, by and through her counsel, McCarthy Weisberg Cummings, P.C., attorney of record in the Estate of David C. Jumper, Deceased, to petition the Court to settle an insolvent estate at the above number and term and in support thereof avers as follows: 1. David C. Jumper ("Decedent"), sixty-eight years of age, who resided at 121 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania died testate on November 24, 2008. His Last Will and Testament, dated March 13, 2004 ("Will"), was admitted to probate on December 9, 2008 by the Register of Wills of Cumberland County, Pennsylvania at the above number and term. A copy of the Will is attached hereto and made a part hereof as Exhibit I. 2. The Decedent was not survived by a spouse. 3. The Decedent was survived by his daughter, Tracey S. Barrick of East 13erlin, Pennsylvania. 4. On December 9, 2008, Letters Testamentary were duly granted to Tracey S. Barrick. 5. The probate estate of which Decedent died consisted of the following property valued as of the Decedent's date of death: a. Orrstown Bank Account # 570465 $ 6,475.07 b. Auction of personal items -Dan Hershey Auction 1,264.08 c. Electric and medical reimbursements 233.55 Total ~ 72.70 The Decedent did not own and interest in real estate. 6. The family exemption has not been claimed since there are no heirs who were members of the Decedent's household at the time of death. 7. Administration expenses, debts and claims against the estate as set forth in Exhibit II, are summarized as follows: a. The costs of administration - 20 Pa.C.S. § 3392 (1) $2,863.00 b. The family exemption - 20 Pa.C.S. § 3392(2) NONI's c. The cost of Decedent's funeral and burial, etc. - 20 Pa.C.S. § 3392(3) $5,926.`i9 d. The cost of a gravemarker - 20 Pa.C.S. § 3392(4) NONI? e. Rents for occupany - 20 Pa.C.S. § 3392(5) NONI? f. All other claims - 20 Pa.C.S. § 3392(6) 52.90 Total all Claims $8,842.49 8. Petitioner is not aware of any claims against the estate which are not admitted. 9. The assets totaling $7,759.28, as set forth in Paragraph 5, are insufficient to pay all proper charges and claims against the estate which total $8,842.49. 2 10. Pursuant to 20 Pa.C.S. Ann § 3392, payment should be made as listed on EXHIBIT II attached and presented as "Requested Payments." 11. Petitioner is requesting that all parties in interest are paid, except as noted in EXHIBIT II. 12. the Agent for the Commonwealth of Pennsylvania -Estate Recovery Program maintains a claim in the amount of $7,997.50. However, a letter requesting payment of $5,205.78 from the Estate is attached to this Petition, and rr~ade part hereof and marked as Exhibits III and IV. 13. In exchange for the consideration of the Agent for the Commonwealth oil Pennsylvania -Estate Recovery Program consenting to the grant of this Petition, the Executrix and Attorney for the Estate have consented to reduce their claims as shown on the attached Exhibit II. WHEREFORE, the Petitioner pray your Honorable Court to approve payment of all proper charges and claims against the estate as set forth in the foregoing Petition, and discharge Tracey S. Barrick from her duties as Executrix. Date: ~- ~ `~ Z ~ ~ l By; ames J. cCarthy, Jr. qui ~ Supreme Court ID # 822 McCarthy Weisberg Cummings, PC 2041 Herr Street Harrisburg, PA 17103 Phone: 717-238-5707 Attorney of Record for the Estate of David C. Jumper VERIFICATION The undersigned, Tracey S. Barrick, hereby verifies that she is the Executrix of thc~ above-named Estate and that the facts set forth in the foregoing PETITION FOR DISTRIBUTION OF INSOLVENT ESTATE UNDER 20 PA. CONS. STAT. ANN. SECTION 3392 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 t:he penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date ~,~ /1 Tracey S. B rrick, Executrix 4 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Petition lFor Distribution of Insolvent Estate Under 20 Pa. Cons. Stat. Ann. Section 3392 upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Dianna L. Stoneroad, TPL Investigator Dept. of Public Welfare P.O. Box 8486 Harrisburg, PA 17105-8486 by depositing a copy of the same in the United States Mail, first-class postage prepaid, addressed. by hand-delivering a copy to the address listed for the individual(s) Indicsated above. Date: ,~ ~ ~~ l ~ McCarthy Weisberg Cummings, P.C. ;~ E~< X11 ~. (~ ames J. Carthy, Jr., Esq. Sup Ct ID # 82266 ' 2041 Herr Street Harrisburg, PA 17103-1624 (717) 238-5707 (717) 233-8133 (FAX) Attorney for Petitioner LAST WILL AND TESTAMENT OF DAVID C. JUMPER I, DAVID G JUMPER, of40 Colonial Court, Cumberland County, Shippensburg, Pe~insylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this as and for my Last WiII and Testament, hereby revoking gal other wills and codicils heretofore made by me. FIRST: I direct that all my just debts and funeral expenses, ;including any grave marker, shall be paid from the assets of my estate as soon as practicable after my dccease. SECONL: I give, devise and bequeath the residue of my estate, of every nature and wherever situate, to my Daughter, Tracey S. Wit;~jacl:, providing she shall survive me by thirty (30) days. THIRD: I direct that ali taxes that may be assessed in consequence of my death, of whatever nature and by whatever jurisdiction imposed, shall be paid from my residuary estate as a part of the expense of the administration of my estate. FOURTH: I nominate, constitute and appoint my Daughter, :'racey S. Vvithjack, Executrix of this my Last Will and Testament. FIFTH: I direct my Executrix and her successors shall not be required to give bond for the faithful performance of their duties in this or any other jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, consisting of two 2) typewritten ~page~s~each identified by my signature, this tf, day of ~7~~e ~~ , -~~--. -~-- (SEAL;I Davi C. Jumper Signed, sealed, published and declared by the above-named Testator, David C. Jumper, as and for his Last Will and Testament, in the presence of us, who, at his request, in his sight and presence, and in the sight and presence of each other, have hereunto subscribed our names as witnesses. ~t/~ ti W'r ness 'Cu Witness Date: ~' Date: 3 -13 ' L'4- COMMONWEALTH OF PENNSYLVANIA ) . SS. COUNTY OF CUMBERLAND 1 I, David C. Jumper, Testator, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament; that I signed it willingly; anti that I signed it as my free and voluntary act for the purposes therein expressed. Sworn or affirmed to and acknowledged before me by David C. Jumper, the Testator, this ~3 r~-day of ,~,4-~ ~~ , ~?yz ~. (SEAL) ,.. Notary Pu c NouAo1 Seel t,iidnJ..M~et. Nct~ry ~~ G'r111r Ba4 AnibMptd County AAf-CanrniMionE~pies.JUJ-29.2006 ' MertiOer, PbnsyN@r~ Ae~ooirpnp PbtaYs COMMONWEALTH OF PENNSYLVANIA ) . SS. COUNTY OF CUMBERLAND ~ We, F 2~ ~ _ and ...5 the witnesses whose names are signe to a attached or foregoing instrument, being d y qualified according to law, do depose and say that we were present and saw Testator sign and exe<:ute the instrument as his Last Will and Testament; that signed willingly and that he executed it as his free and voluntary act for the purpose therein expressed; that each of us in the hearing anal sight of the Testator signed the Will as witnesses; and that to the best of our knowledge the Testator was at that time 18 or more years of age, of sound mind and under no constraint or unduf; influence. Sworn or affirmed to and subscribed to before me by _~ -~ ~:. and ` ,witnesses, this ~ fit day of _ ~~ 2004.^ ~.. (SEAI:) ~m• ` ~~ ~ ,Witness (SEAL.) ~- ' Witness i .~ . 'L No Pub ' ~~ ~d ~s°u Mi-~'~0' ~~ y +~"'°~ ~'~a a°°s Estate of David C. Jumper, Deceased For the period November 24, 2008 through August 31, 2011 File Number 2008-1228 Total Estate Assets Claims against the estate: Class 1 - 20 Pa.C.S. § 3392(1) Attorney Fees Executrix Fees Probate fees -Cumberland County Register of Wills Register of Wills -fees for inventory and Inh Tax Total Class 1 - 20 Pa.C.S. § 3392(1) Class 2 - 20 Pa.C.S. § 3392(2) Class 3 - 20 Pa.C.S. § 3392(3) PA Department of Public Welfare Carlisle Regional Medical Center Fisher Florist -Flowers for Funeral Shippensburg Health Care Center -Cable Bill First Weslyan Church -funeral costs Total Class 3 - 20 Pa.C.S. § 3392(3) Class 4 - 20 Pa.C.S. § 3392(4) Class 5 - 20 Pa.C.S. § 3392(5) Class 6 - 20 Pa.C.S. § 3392(6) Embarq -last phone bill Kinetic Imaging Total Class 6 - 20 Pa.C.S. § 3392(6) Total all claims $ 7,972.70 $ 2,100.00 650.00 83.00 30.00 $ 2,863.00 NONE $ 5,205.78 11.81 399.00 10.00 300.00 $ 5,926.59 NONE NONE $ 47.47 5.43 $ 52.90 $ 8,842.49 Requested _ Payments $ 7,972.70 $ 1,800.00 500.00 83.00 _ 30.00 $ 2,413.00 $ 4,785.99 11.81 399.00 10.00 300.00 $ 5,506.80 NONE NONE $ 47.47 5.43 $ 52.90 $ 7,972.70 EXHIBIT II - _ -_ __ -- COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE BUREAU OF PROGRAM INTEGRITY DIVISION OF THIRD PARTY LIABILITY ESTATE RECOVERY PROGRAM PO BOX 8486 HARRISBURG, PA 17105-6466 April 26, 2010 MCCARTHY WEISBERG CUMMINGS JAMES J MCCARTHY JR 2041 HERR STREET HARRISBURG PA 17110-1624 Re: David Jumper CIS #: 710205017 SSN: ###-##-2595 Date of Death: 11/24/2008 Dear Attorney McCarthy Jr: Please be advised that the Department of Public Welfare maintains a claim in the amount of $7,997.50 against the above-mentioned estate. This claim is for restitution of medical assistance granted on behalf of the decedent for which the Probate Estate is now responsible to reimbur~>e the Department according to Act 49, 62 P.S. 1412, effective August 15, ].994, as amended by Act 20-95, effective June 30, 1995. Enclosed is the Department's itemized statement of claim. A portion of this medical expense, namely $7,997.50, was incurred during the last six months of the decedent's life; therefore, it is a Class 3 claim pursuant to Section 3392 of the Decedents, Estates, and Fiduciaries Code, 20 Pa. C.S.A. 3392(3). The balance of the claim, namely $, is to be entered as a priority Class 5.1 claim against the estate. Please acknowledge receipt of this letter and advise whether the Commonwealth's claim is admitted and when payment may be expected. If the estate accounting is complete, please provide a copy. If the estate contains real estate, please provide copies of the deed, the latest tax as:>essment, and a current appraisal, if available. Sincerely, Dianna L. Stoneroad TPL Program Investigator 717-265-7688 717-772-6553 FAX Enclosure COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE BUREAU OF PROGRAM INTEGRITY DIVISION OF THIRD PARTY LIABILITY CASUALTY UNIT P.O. BOX 8486 HARRISBURG, PA 17105-8486 January 26, 2011 MCCARTHY WEISBERG CUMMINGS JAMES J MCCARTHY JR 2041 HERR STREET HARRISBURG PA 17110-1624 Re: David Jumper CIS #: 710205017 Incident Date: 11/24/2008 Dear Attorney McCarthy Jr: This letter is in response to your voice mail on January 26, 2010. In regards to a $500.00 gift allowed by the CAO. The Department has a:Lready calculated this into its agreed recovery amount of $5,205.78. Since $2,500.00 was gifted, it caused an over payment of $2,034.00. The Department has already agreed to recover only $1,279.70 rather than the full $?_,039.00 overpayment. Also, a gift amount of $500.00 would have needed to occur before the dated of death. If the Office of Inspector General would collect on this over payment they will seek to recover the full $2,034.00. The Department has already reduced this portion of the recovery by $754.30. Another $500.00 cannot be deducted. The amount due to the Department remains at $5,205.78. If you have any questions please contact me. Sincerely, ~~ Diarra L. Stoneroad TPL Program Investigator 717-265-7688 717-772-6553 FAX C~ /l , h:-S 1 ~ 4 - 2