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HomeMy WebLinkAbout07-17-13 ��� �z�.�� DECEDENT'S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF ROBERT W. KRALY, DECEASED No. 2012-00754 PETITION FOR ADJUDICATION/ STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.C. Rule 6.9 Name of Counsel: David R. Galloway � � � � Supreme Court I.D. No.: 87326 �, � � � Q, � � `�' � Name of Law Firm: Law Office of David R. Galloway � � � ;— �,., �� Address: 54 E. Main St., Mechanicsburg, PA 1705�? �� r' � ��� � �> � �.�. � �t Telephone: 717-697-4650 -'' �`�� 4� ;�- �„ ;,� � � . �� � .�:_,, Fax: 717-697-9395 � c-� �-, � :� � ,..� _. � _ .�.� ;.:=.a �- � _...-.� �=� �"' � t1..� G� d ��:�. 1. Name(s) and address(es) of Petitioner(s): � � Name: Murrel R. Walters, III Address: 54 E. Main St., Mechanicsburg, PA 170�5 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 fiduciaxy? Yes If not, identify prior accountings, the accounting periods covered, and the date of adjudication of the prior accounting. 2. Decedent died on June 25, 2012. Letters Testamentary were granted to Petitioner(s) on: July 11, 2012 Date of Will (if applicable): April 18, 2012 Date(s) of Codicil(s) (if applicable): N/A Date of probate (if different from date Letters granted): N/A Was a bond required? If yes, state amount: No Are proofs of advertising of the grant of Letters attached? No Dates of advertising of the grant of Letters: The Patriot-News: July 27, August 3, August 10,2012 Cumberland Law Journal: July 27, August 3, August 10,2012 3. Was decedent survived by a spouse? No If yes, name of the surviving spouse: Page 1 of 7 h� .� 4. Has the surviving spouse filed to take an elective share? N1A {',See,Seetion 2201 et s�of'the Pral�ate, Estates r�nd F'iduciaries Code) If yes, date af election: 5. In the case of an intestacy, state the names of the decedent's surviving children or surviving issue of deceased children (%f'none, so state): N/A 6. Did decedent ma�c�y after execution of Will or Codicil{s�? Na Were any children barn to decedent after execution of Wl��OT C4C�1C11{S�? No If yes, give names and dates of birth: Name: Date of Bi�th: ' 7. If required by the Medical Assistance Esta.te Recovery Act, 62 P.S. § 1412, was a request for a statement of claim sent to the I3epartment af Public Welfare? Yes 8. Written notice of the Audit as required by Pa. O.C. Rules 6.3, 6.7 and 6.$ has been or will be given ta all parties in interest listed in item 9 below, all unpaid creditars and aIl claimants listed in item 10 below. In additian, notice af any questians 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 af 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 ar counsel certifying that such notice has been given. C. If any person entitled ta Notice is not sui juris(e.g.,minars or incapacitated : persons),Notice af the Audit has been or wi11 be given ta the appropriate representative on such party's behalf as required by Pa. t�.C. Rule 5.2. D. If any charitable interest is invalved,Natice of the Audit has been or will also be given to the Attorney General as required under Pa. 0.�. Rule �.5. In addition,the Attorney General's clearance certificate{or proof of service of Notice and a capy af such Notice)must be submitted herewith or at the Audit. 9. List al�parties{charitable and non-charitable}of whom Petitioner{s)haslhave 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): Page 2 of 7 Name and Address of Each Partv in Interest Relationship& Comments, if anv Interest ARLENE J.NEUMYERS Step-Daughter $ 30,000.00 5169 E. Trindle Road, #7 Mechanicsburg, PA 17050 ANTHONY MILLER Great-Grandson $ 4,000.00 318 Pitt St. Enola, PA 17025 NICOLE MILLER Great-Granddaughter $ 4,000.00 101 Howard Street Enola, PA 17025 TIFFANY MILLER Great-Granddaughter $ 4,000.00 101 Howard Street Enola, PA 17025 BRIAN ZOOK Grandson $ 5,000.00 105 Stone Head Road Dillsburg, PA 17019 LISA STROHECKER Granddaughter $ 5,000.00 43 W. Locust Street Mechanicsburg, PA 17055 PHILLIP ZOOK Grandson $ 5,000.00 2937 Adams Drive Chambersburg, PA 17201 MICHELLE SERFF Granddaughter $ 5,000.00 627 Lancaster Avenue Harrisburg, PA 17112 MECHANICSBURG HIGH SCHOOL ALUMNI ASSOC., 100 E. Elmwood Avenue Mechanicsburg, PA 17055 $ 10,000.00 ST. PAUL LUTHERAN CHURCH CEMETERY(Stone Church), 6839 Wertzville Road Enola, PA 17025 $ 10,000.00 ROBERT W. KRALY TRUST c/o Murrel R. Walters, III, Trustee 54 E. Main St. Mechanicsburg, PA 17055 Residue Page 3 of 7 1�I�-. B. Identify each party who is not sui juris (e.g., rninars ar incapacitated persons). For each such party, give date of birth,the name of each Cuardian and how each Guardian was appainted. If no Guardian has been appointed, identify the next of kin of such party, giving the narne, address and relationship of each. Name: Date of Birth: Next of Kin�Reiationship/Address: Nicole Mi11er ponna Khouri - Mother 101 Howard Street Eno1a, PA 11025 Tiffany Miller ponna K.houri -Mother 101 Howard Street Enola, PA 17025 C. State why a Petitian for Guardian/Trustee�4d Litem has or has not been filed fc�r this Audit {see Pa. O.C. Rule 12.4). The net value of the distributive share ta which the minars are entitled is less than $25,(}{�4 and the distribution will be paid as follows: Donna Khouri, as custodian for Nicole Miller under the Pennsylvania Unifarm Transfers to Minars Act; and Donna K.houri,as custodian for TiffanY 1VIi11er under the Pennsylvania Uniform Transfers to Minors Act. See 20 Pa.C.S.A. � Slt�l & 53 Pa.C.S.A. § 5309. D. If distribution is ta be made to the persanal representative of a deceased party, state date of death,date and place of grant of Letters and type of Letters granted. Estate of , Deceased N1A 10. t�ther than the claim for the family exemptian, list the names of all known claimants and the a�nount af their claims and state whether each claim is admitted. : None. If the estate is insalvent, attach a schedule setting forth the order of preference under 2Q Pa.C.S. § 33�2 and the proposed payments. 1 l. `1Vas family exemptian claimed? No Page 4 of 7 _ � Was farnily exemptian allowed? No Faanily exemptian claimant's na�ne and relationship: Name: Relationship: 12. The arnount 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 Pa�rnent Interest 02/21/2013 $10,570."74 $0.00 13. On the date of death, was the decedent a fiduciary (personal representative, trustee, guardian, agent under power of attorney}ar surety on the bond of a fiduciary? No If yes,provide the na�ne af 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 pasitian 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? N�A 15. If Fetitioner�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 reievant supporting documentatian. N/A 16. Had the decedent been adjudicated an incapacitated person? No If yes, attach a capy of the Order if available; otherwise state the Court,term,number, date,and name af Hearing Judge. 17. A. List ar attach a separate list of additiona�receipts and disbursements since the closing date af the Account. NIA Page 5 of 7 i�ni��i��wn i�me•�. . B. Has notice of the additianal receipts and disbursements been given t�the parties identified in Paragraph 9 above? NlA 18. If a reserve is requested, state amount and purpose. Atnount. $11,815.40 Purpose: Register af Wills—First and Final Acct. $ 3C5.00 Albert L. Whitcomb,personal income tax preparation $ 540.04 Murrel R. Walters, III, Executor Commission $ 1t�,9S0.00 . If a reserve is requested for counsel fees,has notice of the amount of fees to be paid from the reserve been given ta the parties in interest?If so, attach a capy of the natice. N/A 19. Is the Court being asked to direct the filing of a Schedule af I3istribution? �es. As to real estate anly? No. �Vherefare, your Petitioner(s} ask(s)that distributian 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): Arnount/Froportion: Rabert�V. Kraly Tru.st, per Item 10 of said Will: 1�}0°la af Residue B. Principal: Proposed Distributee(s}: Amount/Pro�artion: Arlene J.Neumyer,per Item d of said Will: $ 3Q,004.Oa Anthony Miller,per Item 4 of said Will: $ 4,0OO.001 Nicole Miller,per Item 4 of said Will: $ 4,0OO.Oa Tiffany l�iiller,per Item 4 of said Wi1L• $ 4,000.00 Brian Zook,per Item 5 of said Will: $ S,OU0.00 Lisa Strohecker,per Item 5 of said Will: $ S,OC}O.OtJ Phillip Zook,per Item 5 of said Will: $ 5,OU0.00 Michelle Serff,per Item 5 of said Will: $ 5,000.00 Mechanicsburg High School Alumni Assoc.,per Item 7 of said Will: $ 10,�}(JO.C}0 St. Paul Lutheran Church Cemetery{Stane Church),per Item 8 of said Will. $ 10,00Q.00 Robert W. Kraly Trust,per Item 10 of said Will: 100% of Residue � Submitted .--T Name af Petitioner: Murrel R. Walters, III Page b of 7 VERIFICATIt�N The undersigned hereby verifies that the facts set forth in the foregaing Petition for Adjudication/Statement of Praposed Distribution which are within the personal knowledge of the Petitioner are true, and as to facts based on the information of athers, the Petitioner, after diligent inquiry, believes them ta be true; and that any false staternents herein are made ject to the penalties of 18 Pa.C.S. � 4904 (relating to unsworn falsification to author�i,ties ,r �'� � i Dated. �'��' r3 Murrel R. W ters, III, Executor CEI2TIFICATION OF COUNSEL The undersigned counsel hereby certifies that the foregoing Petition far Adjudication/ Statement of Proposed I�istribution is a true and accurate reproduction of the farm Petitian ; authorized by the Supreme Cou:rt, and that no changes to the form have been made beyond the responses herein. � Signature of Counsel f Petitioner Page 7 of 7 � �: ESTATE OF ROBERT W. KRALY : IN THE COURT OF COMMON PLEAS LATE OF SILVER SPRING TOWNSHIP, : CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND COUNTY, : PENNSYLVANIA, : ORPHANS' COURT DIVISION DECEASED : NO. 21-12-0754 NOTICE OF FILING ACCOUNT NOTICE IS HEREBY GIVEN that the First and Final Account of Murrel R. Walters, III, Executor of the Estate of Robert W. Kraly, deceased, has this date filed the First and Final Account in the above-captioned Esta.te in the Cumberland County Register of Wills Office where the same is filed as public record and may be inspected. Enclosed herewith is a copy of the First and Fina1 Account as filed. YOU ARE FURTHER notified that any exceptions or obj ections to said Account must be filed in writing at the Cumberland County Clerk of the Orphans' Court Office not later than the audit day of said Account scheduled as set forth below. UNLESS written exceptions or objections are filed thereto, said Account will be presented to the above-captioned Court at A.M. on , at which time said Account will be audited. ctfully submitted, Date: �� l3 David R. Galloway Attorney I.D. 87326 Attorney for the Esta. of Robert W. Kraly 54 East Main Street Mechanicsburg,PA 17055 (717) 697-4650 cc: Murrel R. Walters, III,Executor .�i.� Dz�• g3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE NO. 21-12-0754 ESTATE OF ROBERT W. KRALY, Deceased Late of Silver Spring Township, Cumberland County, Pennsylvania FIRST AND FINAL ACCOUNT OF MURREL R. WALTERS,III,EXECUTOR Date of Death: June 25, 2012 Date Letters Testamentary Issued: July 11, 2012 Dates of Advertisement of Grant of Letters: The Patriot-News: July 27, August 3, August 10, 2012 Cumberland Law Journal: July 27, August 3, August 10, 2012 Account Stated to: July 15, 2013 NOTICE PURPOSE OF ACCOUNT: Murrel R. Walters, III, Executor, offers this account to acquaint interested parties with the transactions that have occurred during this Administration. In addition, Murrel R. Walters, III, would like to inform the interested parties of the proposed distribution of estate residue to the beneficiaries in accordance with the decedent's Last Will & Testament. It is important that the Account be carefully examined. Requests for additional information, questions or objections can be discussed with: David R. Galloway,Esquire 54 E. Main Street Mechanicsburg,PA 17055 Supreme Court I.D. #87326 (717) 697-4650 r'�: C c� � :�3 C� '� c- � � � �"i —� �,. �' Ci) � �y � j-.,,. �� ��.....c �r T` ��. �' � S �.� � � i.i r t�M1� '^,s�. "�.' ` r� �y s.": � s.. � �TMy ^-�i —�„� ...F �'} ".? � �+''� � �' ..W� � r ..:.7 �-�.} � f"i�` � �j � �` r-7" � � W ���I SUMMARY PRINCIPAL: Receipts $313,U22.83 Disbursements(including amounts reserved}$ 68,$58,27 Principal Balance Remaining: $244,164.56 INCOME. Receipts $ 508.7$ Disbursements $ 0.00 Income Balance Remaining $ 5Q$.78 PARTIAL DISTRIBUTIt3N TO BENEFICIARES: $ -2�,OOO.dCi COMBINED BALANCE REMAININ�FOR�ISTRIBUTION: $220,6'73.34 PRINCIPAL ACCtJUNT RECEIPTS Residence at 109 Skyline Drive, Mechanicsburg—Grass Sale $ 140,OO�.C}0 M&T Ba:rlk—Account#X��2919 $ 4,214.12 M&T Bank—Account#XXXX�:X�;XXX2262 $ 86,164.27 M&T Bank—CD�:��;X�:XX�XX343� $ l 0,165.90 M�T Ba:rik—CD�:��:�����:�X3426 $ 14,224.54 M&T Bank—CD XXXXXXXXXX3418 $ 10,256.99 Highmark—Refund for Health Insurance $ 552.50 Persanal Property—Gross Sale $ 5,919.25 A1lstate—Annuity $ 45,133,26 Allstate—Refund for Hcameowner's Policy $ 39b.(}0 TOTAL RECEIPTS: $313,Q22.83 ' DISBURSEMENTS 07111/12 R��1S��T C��WI��S,Petition for Grant of Letters Test��ment��ry, Probate, Short Certificates $ 4'73.Sa 081t�2/2012 Myers-Buhrig Funeral Hame $ 1 b,88�.U(J 48114/2012 Cumberland Goodwill Fire Rescue $ 132.38 08/14/2012 �"ruardian LTC Pharmacy $ 751.53 08/14/�012 PPL $ 67.48 Q8114/2012 Debra B. Wiest Tax Collector, 2012/13 school taxes for real estate $ 2,005.45 08/14/2012 Allstate—Homeowners Ins. $ 375.94 08/14/2012 West Shore EMS $ 408.98 08/15/2012 Forest Park Health Center $ 4,751.00 08/16/2012 Cumberland Law Journal, advertise Letters Testamentary $ 75.00 08/20/2012 Verizon $ 116.20 08/28/2012 Chuck Bricker, Auctioneer, appraisal of Personal Property $ 120.00 08/28/2012 Patriot News,advertise Letters Testamentary $ 102.59 08/28/2012 Comcast $ 15.75 09/OS/2012 PPL $ 30.61 09/26/2012 S.W. Barrett Real Estate &Appraisal Services, appraisal of residence $ 350.00 09/28/2012 Penn Waste $ 38.20 09/28/2012 Allstate $ 860.86 10/11/2012 PPL $ 32.71 11/03/2012 Chuck E. Bricker, Auctioneer, Commission&Advertising $ 2,740.00 Sale of personal property 11/08/2012 PPL $ 34.61 11/08/2012 Mary Haring, cleaning and trash hauling $ 900.00 11/29/2012 Glen Zimmerman, grass, leaf removal & clean-up $ 740.00 12/04/2012 Sadler Oil Company,heating oil $ 923.16 12/11/2012 PPL $ 30.72 12/12/2012 Penn Waste $ 38.20 Ol/07/2013 Sadler Oil, service on furnace $ 152.40 O 1/08/2013 Wilbur Plumbing&Heating, drain repair $ 124.00 O 1/11/2013 PPL $ 16.97 Ol/29/2013 Expenses of sale of residence $ 2,016.58 02/12/2013 PPL $ 27.11 02/21/2013 Register of Wills, Pennsylvania lnheritance Tax $ 10,570.74 02/21/2013 Register of Wills, Inheritance Tax Return $ 15.00 03/29/2013 Law Office of David R. Galloway $ 5,000.00 OS/30/2013 Law Office of David R. Galloway $ 5,950.00 Multiple M&T Fees and Service Charges—XXX-2919 $ 170.00 Reserved Register of Wills—First and Final Acct. $ 365.00 Reserved Albert L. Whitcomb,personal income tax preparation 2010-12 $ 500.00 Reserved Murrel R. Walters, III, Executor $ 10,950.00 TOTAL DISBURSEMENTS: $ 68,858.27 INCOME RECEIPTS Allstate—Annuity Payment $ 332.09 M&T Bank, interest on account: XXX-2919 $ 0.49 M&T Bank, interest on account: x:XX-2262 $ 15.37 M&T Bank, interest on CD x:XXXXXXXXX3418 � 27•08 M&T Bank, interest on CD XXXXx:XXXXX3426 $ 45.70 M&T Bank, interest on CD XXXXXXXXXX3434 $ 25.46 M&T Bank, interest on estate checking account $ 62.59 TOTAL INCOME RECEIPTS: $ 508.78 INCOME DISBURSEMENTS None $ 0.00 PARTIAL DISTRIBUTIONS TO BENEFICIARIES Specific Bequests - Trust Disbursements: TO: ROBERT W. KRALY TRUST\Arlene J.Neurnyer, Beneficiary 08/20/2012, Cash $ 4,000.00 09/25/2012, Cash $ 2,000.00 10/25/2012, Cash $ 2,000.00 11/25/2012, Cash $ 2,000.00 12/20/2012, Cash $ 2,000.00 O1/24/2013, Cash $ 2,000.00 02/25/2013, Cash $ 2,000.00 03/25/2013, Cash $ 2,000.00 04/24/2013, Cash $ 2,000.00 OS/22/2013, Cash $ 2,000.00 06/25/2013, Cash $ 2,000.00 $ 24,000.00 TOTAL PARTIAL DISTRIBUTIONS OF PRINCIPAL TO BENEFICIARES: $ 24,000.00 � ��.�.���,,.. VERIFICATICl�IY Murrel IZ. Walters, III, verifies that he is the Executor af the Estate of Robert W. Kraly, deceased; and that he the Executor has fully and faithfully discharged the duties of his office, that the foregoing First and Final Account is true and correct and fully discloses a11 significant transactions occurring during the accounting periad; that all knawn claims against the Estate ha�e been paid in full; that to his knowledge there are no claims now outstanding against the .� Estate; and that all taxes presently due frorn the Estate have been paid. I understand that false statements are subject to the penaltie of a, C. . Section 4904 : relating to unsworn falsification to authorities. �, Dated: �'� ! Murrel R. �Valters, III, Executar IN THE COLTRT(�3F COMMON PLEAS OF CUMBERLAND C(JLTNTY, PETJN��L�ANIA C.�RP'HAI`�1S' CQURT DIVISI(JN ESTATE NO. 21-12-0754 ESTATE OF RO►BERT W. K:RALY,Deceased Late of Silver Spring Township, Cumberland County, Pennsylvania SCHEDULE UF PROPOSED DISTRIBUTION BY MUP:REL R.WALTERS,EXECUTOR Murrel R. Walters, III, Executor of the Last Will and Testament of Robert W. Kraly, deceased, proposes to distribute the balance in his hands, to wit: $220,673.34, in accardance with the said Last VVill and Testament as heretofare filed in the Office of the Register of Wills af Cumberland County, Pennsylvania as follaws: Specific Bequests: : TC�: ARLENE J.NELTMYER,per Item f of said Wi11: Cash $ 30,OU0.00 TC.?: ANTHQNY MILLER,per Item 4 af said Will: Cash $ 4,0OO.OQ TC): NI�QLLE MILLER,per Item�of said Will: Cash $ 4,000.00 TO: TIFFAN�MILLER,per Item 4 af�aid Wi11: Cash $ 4,000.00 TO: BRIAN ZOOK,per Item 5 of said Wi11: Cash $ 5,000.00 TO: LISA STROI�ECI�ER,per Item 5 of said Will. Cash $ 5,000.00 TO: PHILLIP ZC}OK,per Item 5 of said Will: Cash $ 5,000.00 TO: MICHELLE SERFF,per Item 5 of said Will: Cash $ 5,0(J0.04 Tt): ME�HANICSBE..TRG HIGH SCHt�OL ALUl��NI ASSt�C., per Item 7 of said Wil1: Cash $ 10,000.00 TQ: ST. PAUL LIJTHERAN CHURCH CEI�IETER.Y(Stone Church�, per Item 8 of said Wi11: �ash $ 10,CIOO.Oa Total Specific Bequests Distribution: $ 82,{�00.00 Residue—Trust Distribution: TO: ROBERT W. KRALY TRUST,per Itern 10 of said Will: Cash $138,b'73.3� TOTAL DISTRIBUTION: $220,6�3.34 STATEMENT OF THE FtEAS�NS FOR THE PROPO�ED DISTRIB TION The above distribution is propased in accordance with th t ' 1 d Testament of Robert W. Kraly. Murrel R. alters, III