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HomeMy WebLinkAbout10-16-13 � l �� • �1� � _ � .. r�(�i c � , DECEDENT'S ESTATE c� , = � �� _. �;_ , . ; �._ , . ;-: , � I � : . _,,� �' � , COURT OF COMMON PLEAS OF � � ,.' - - . _ . ; CUMBERLAND COUNTY, PENNSYL�t�1�IA �-� .... _ - � ORPHANS' COURT DIVISION ° " . ; , µ �--_� �- _�,:� �- r._:.� ESTATE OF ROBERT E. SNELL , DECEASED No. 2012-00732 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 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: Lisa Marie Coyne, Esq. Supreme Court I.D. No.:53788 Name of Law Firm: Coyne & Coyne, PC Address: 3901 Market Street, Camp Hill PA 17011 Telephone:�17-737-0464 Fax: 717-737-5161 Form OC-01 rev. 10.13.Oh Page 1 of 10 � Estate of ROBERT E. SNELL , Deceased l. Name(s) and address(es) of Petitioner(s): Name: David Delbaugh Addres�s: 34 Gale Road Camp Hill PA 17011-2619 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 June 22, 2012 � Letters Testamentary or �Letters of Administration were granted to Petitioner(s) on Julv 17. 2012 Date of Will (ifapplicable): May 11, 2009 Date(s) of Codicil(s) (if applicable): �a Date of probate ('f different from date Letters granted): �a 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:Cumberland Law Journal and The Patriot News: 8/17/2012, 8/24/2012 & 8/31/2012 (�x{,��;-�- �� Form OG01 rev.10.13.06 Page 2 of 10 Estate of ROBERT E. SNELL , 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 0 No (See Section 2201 et s�. 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: 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 OG01 rev. 10.13.06 Page 3 of 10 Estate of ROBERT E. SNELL , 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 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): Nume und Address of Each Purtv in Interest I Relationship und Comments,if uny I Interest David L. Delbaugh Friend 100%Residual Heir 34 Gale Road Camp Hill PA 17011-2619 Form OG01 rev.10.13.06 Page 4 of 10 Estate of ROBERT E. SNELL , Deceased Nmne and Address of Each Party in lnterest I Relationship and Comments,if any I Interest 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 Forin OGO/ rev. 10.13.06 Page 5 of 10 Estate of ROBERT E. SNELL , 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 Gaimant Amount of Claim Claim Will Claim Admitted? Be Paid In Full? Department of Welfare $53,471.80 �✓ Yes 0 Yes PO Box 8486 �No 0✓ No Harrisburg PA 17105-8486 American Express $20,719.02 �Yes �Yes c/o West Asset Management, Inc. �No �No P.O. Box 956842 St. Louis, MO 63195 �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 OG01 rev. 10.13.06 Page 6 of 10 Estate of ROBERT E. SNELL , 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 0.00 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 0✓ 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. Forrn OC-O! rev. /0.13.06 Page 7 of 10 Estate of ROBERT E. SNELL , 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. Amaun�: 300.00 Pu.pose: Final Fiduciary Income Tax 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? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �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 OG01 rev.10.13.06 Page 8 of 10 Estate of ROBERT E. SNELL , 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 Distrifiutee(s) Amount/Proportion See attached proposed schedule of distribution. �E��i•������) B. Principal: Proposed Distributee(s) Amount/Proportion See attached proposed schedule of distribution. ���t�����`� �� -T Submitted By: (All petitioners must sign. Add additional lines if necessary): ������• ������ �- Name of Petitioner: Name of Petitioner: Fonn OG01 rev. /0.13A6 Page 9 of 10 Estate of ROBERT E. SNELL , Deceased Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that tieishe is rure of the above-named name o/corporation 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). � � Z� Signature of Petitioner *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. � gna re of Counsel for Petition For„�oc-ol rev.10.13.06 Page 10 of 10 ` z Patriot-News Co. • . LOTechnology Pkwy e a rlo � ews `� � � Suite 300 zchanicsburg, l�A 17050 Now you know Inquir_ies - 717-255-8213 COYNE & CGYNE � �� ATTENTION: LISA MARIE COYNE �J 3901 MARKET STREET � " �� CAMP HILL S�P � ��1z PA 17011 @y THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according fo law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; ancl That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockhalders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. PUBLICATION COPY This ad # 0002224715 ran on the dates shown below: August 17, 2012 , August 24, 2012 NOTICEISHEREBYGIventhat� ~ . � r.. /� August 31� 2��2 Letters�Testamentarvin;the�Esfataop,_.�� r ( Rabert Earl Snell lafe�ot'CamP HIIC;:, " , i ,, Borauvh,Cumberland Caiiat�e ; � PennsxlvaNa;,was3srantetliYathe :.' . . . . . . . . . . . underslaned;and"all persons thdebtedTo �;� Estate�arerequlred:tcrrmkefmroedlate ,,�, , .. '. aarmentnndthose.havtnp<clalmsrvlll §� ! , prD�idme elha gh�ExY.,�ta - SW t0 nd ubs bed be e e th" 1 y of August, 2012 A.D. c/o.LPsaMari'e.�oYne Hsqutra � Cayne&4oyne P C , �s ,/�/ 39p1 MarketStreeN ' ;�,� 1` ��y/�,�{ / Camp HIII PA.17011-4227' ( ,��/ , , Notary Public CQM^,,, MONWEAI.7H OF PENNSYLVANIA Notarial Seal - , Sherrie l.Qwens,Notary Public Lawer Paxkon Twp.,Oauphin County My Commission F�pires Nov.26,2015 / " « MEMBER,pENNSYLVANIA A5SQCIAYSON OF NOTARIES �X�7/��� A ! � � �� , PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND . 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: Aug,ust 17, August 24, and Au st 31, 2012 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. � __� is Marie Coyne, Edit SWORN TO AND SUBSCRIBED before me this 31 dav of August, 2012 � Snell,Robert Eari, dec'd. NOt�I.y Late of Camp Hill Borough. Executor: David L. Deibaugh c/o Lisa Marie Coyne,Esquire,Coyne & Coyne, P.C., 3901 Market Street, Camp Hill, PA 17011- ° 4227. tJ03ARiAL SEAL Attorneys: Lisa Marie Coyne, Es- ' D�BpRAH A COLUNS quire,Coyne&Coyne,P.C.,3901 Notary Public Mazket Street, Camp Hill, PA ��RLISLE 90R011GH,CUMBERLANO COUNTY 17011-4227. ,yty Commfssion Expires Apr 28,2014 � � � FIRST AND FINAL ACCOUNTING AND PROPOSED SCHEDULE OF FINAL DISTRIBUTION DAVID L. DELBAUGH, EXECUTOR for Estate of Robert E. Snell, Deceased 21-12-0732 Date of Death: 6/22/2012 Date of Executor Appointment: 7/17/2012 Date of First Complete Advertisement of Letter: 8/17/2012 Accounting for the Period: 7/17/2012 thru 9/30/2013 PURPOSE OF ACCOUNT: David L. Delbaugh,Executor offers this account to acquaint interested parties with the transcations that have occurred during the Administration. It is important that the Account be carefully examined Requests for additional information, questions or objections can be discussed with : COYNE & COYNE,PC Lisa Marie Coyne,Attorney Pa. Supreme Ct.No. 53788 3901 Market Street Camp Hill,PA 17011-4227 717-737-0464 Attorney For Estate f_x��� �� f,� � A B C D E 1 2 ESTATE OF ROBERT E.SNELL,DECEASED 3 RECEIPTS OF PRINCIPAL 4 5 Fiduciary 6 Assets Listed in Inventory Ac uisition 7 Yalued as of Date of Death Value 8 9 Date Cash: 10 Date of Death Susquehanna Bank Checking Acct.No.XXXXX��8809 6 623.53 $ 6,623.53 11 12 13 Tan�ible Personal Pronertv and Receipts Subsequent to DOD: 14 Interest $ 0.27 15 Interest $ 0.20 16 Pension Payment $ 726.88 17 Refund of Headstone Engraving $ 32.00 $ 75935 18 $ 7,382.88 19 TOTAL RECEIPTS OF PRINCIPAL 20 2� DISBURSEMENTS OF PRINCIPAL 22 23 Debts and Expenses: 24 Date Check# Amount 25 9/7/2012 1001 Cumberland Law Journal(le al ad $ 75.00 26 9/11/2012 1002 Patriot News(legal ad) $ 109.52 27 9/19/2012 1003 David Delbau (reimbursement for funeral luncheon) $ 40.67 28 9/19/2012 1004 Barners Cemetery Association( ave care) $ 100.00 29 10/2/2012 1005 Register of Wills(filing fee for Inheritance Taac Return) $ 15.00 30 3/30/2013 Bank fee for Pa er Statement $ 3.00 31 4/30/2013 Bank fee for Pa er Statement $ 3.00 32 5/13/2013 1006 David Delbau robate fees-reimbursed to executor) $ 128.50 33 10/15/2013 1007 Register of Wills(Filing Fee for First and Final Accounting) $ 215.00 $ 689.69 34 TOTAL DISBURS�MENT OFPRINCIPAL: $ 689.69 35 36 A B C D E 37 Total Recei ts and Princi al $ 7,382.88 38 Total Distributions of Principal $ 689.69 39 40 TOTAL NET ESTATE $ 6,693.19 41 42 Proposed Schedule of Final Distributions To: 43 44 Final Administrative Costs: 45 Coyne&Coyne,PC-Attomey Fees $ 1,500.00 46 David Delbaugh Executor--Executor Commission $ 332.00 47 Reserves 300.00 $ 2,132.00 48 49 Creditors Claims: 50 Department of Welfare--Class 3 Claim Due($17,977.55) $ 4,561.19 51 Deparkment of Public Welfare--Class 5.1 Claim Due($35,494.25) $0.00 52 American Ex ress Claim(West Management)($20,719.02) 0.00 $ 4,561.19 53 54 Heirs: 55 David L.Delbauch,Residual Heir 0.00 0.00 56 57 Total Distribution: $ 6,693.19 58 59 David L.Delbaugh,Executor of the Estate of Robert E. Snell,deceased,hereby declares an oath 60 that he has fully and faithfully discharged the duties of his office;that the foregoing First and Final 61 Account and Proposed Schedule of Distribution is true and correct and full discloses all the 62 significant transactions occurring durin the accounting eriod;and that all lrnown claims against 63 the Estate have been aid in full;that to hisirnowledge,there are no claims now outstanding 64 against the Estate;and that all taxes presently duehave been aid. 65 66 ' 67 David L. baugh,Ext 68 Sworn and subscribed before 69 me this day of `?0 G 2013 71 72 � 73 �— ---_'� 74 N ary Public 75 76 COM ONWEltIfM Of PENN�S;YlyICMI NOTARUt SEAL Ltsa Marie Coyne, Notary Public Mompden Township,Cumbsrland CouMy MY Commis:ion Explre=June 10,201 b