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HomeMy WebLinkAbout03-31-06 , . . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DMSION Estate of Chad Michael >>err, late of Shiremanstown Borough, deceased i I No. 2006-024' 1. I PETITION FOR AUTHOIUZATION TO CONTINUE BUSINES~ The Petition of Laura D. Richards and Philip C. Richards, respectfully repr~sents: I Decedent, Chad Michael Derr, died intestate on March 5, 2006, aged 35~ a resident of Shiremanstown Borough, Cumberland County, Pennsylvania. Decedent had Ino spouse and no children and is survived by his parents, James D. Derr and Sylvia B. Derr,las next of kin. Petitioners are the Sister and Brother-in-law of the deceased, and Letters of ~dministration were granted to Petitioners by the Register of Wills of Cumberland County I on March 17, 2006. 2. 3. Decedent was a sole proprietor of a landscaping business known as Derr's Lanftscaping. The business had 4 seasonal employees at the time of his death. Decedent had a gross income from the business in 2004 of $306,252.0Q, which after expenses, not including depreciation, left a profit of $102,515.00. At the ti~e of his death, decedent did not file his 2005 Federal, State or Local tax returns.! Petitioners do not have all the information available to determine the extent I. f the business assets or debt, but an initial review establishes approximately $100,00.000 personal and business debt, and that the sole available asset of the estate is the decedent' business and monies generated from ongoing landscaping service contracts entered into b the decedent before his death. i Petitioners believe that a liquidation of the physical assets of the business w$ld produce a sum insufficient to meet existing estate liabilities and debt. : I I, i The value of the business will be substantially reduced and substantialliabiliti~s will remain if its operation is interrupted. 4. 5. 6. 7. 8. I The continuation of the 1:>},lSiness for a period not to exceed December 31, 2006 [would permit the fu1fi11mc::.n~ofcon.~etual commitments, the payments of existing debt, arid the transfer of the business.orits 'value to decedent's heirs. ~ - .J Ct)..l~{'C, -' U '!~.) is:;;j / 2::',: J -1- 9. ~ .- , I 10. During the period indicated, Petitioners shall manage the business, use gross I1'roceeds to pay any and all liabilities or wages presently outstanding, or incurred in the o~ration of the business, as part of the opemting expenses of the business, and all profits d~rived shall be used in the administmtion of the estate, the payment of administmtion eXParlses, taxes, and other personal debts of the decedent. The continuation of the business in the manner and for the period set forth ~erein will not prejudice the rights of any creditors or any person interested in the estate. TIle continuation of the business presents the possibility of preserving the ongoing business ~ an asset of the estate for the benefit of the heirs. 11. Petitioners believe that it will be in the best interest of the estate and the pafties in interest to continue the business in the manner and for the period stated. I 12. The Petitioner, Philip C. Richards, is a retired civilian employee of the Unite~ States Army, most recently employed in managing the U.S. Army's fuel credit card progrF worldwide, and had previous experience in a compliance audit position. Mr. Richards h~ financial and business management experience and is able to conduct the decedent's bpsiness for the period set forth. : 13. I Under 20 Pa.C.S.A ~3314, the Court may authorize the personal representat1ve to continue any business of the estate for the benefit of the estate. I WHEREFORE, Petitioners respectfully request that they be authorized to continue qperation of the business known as Derr's Landscaping, owned by decedent and to conduct the businfss of decedent for a period not to exceed December 31, 2006. MALONE & NEUBAUM By: 1J~~~ Victor A. Neubaum, Esq. I 42 South Duke Street York, PA 17401 (717) 843-8001 S.I.D. 29159 Attorney for Petitioners -2- , , , I " COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cum /x.r l~ Laura D. Richards and Philip C. Richards, being duly sworn according to I~W depose and say that the facts set forth in the forgoing petition are true and correct to the best ofth ir knowledge~ information and belief and that all adult parties in interest have consent to this Peti . ion. ~J.fj~ Laura D. Richards, Petitioner i?4 (!. 'i(;~ Philip C. Richards, Petitioner Sworn and subscribed before me this .!J'1-tJ\ day of March, 200ll,. ~lQ .g\.h~ Notary Public My commission expires~ ~\ ~ COMMONWEALTH OF Notarial Denise L Hannan North M"1ddeton Twp., (; My Corm1Ission ExpI Member, Pennsylvania Ass -3- - j - ---I \ .- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEN~SYLV ANIA ORPHAN'S COURT DMSION Estate of Chad Michael Derr, late of Shiremanstown Borough, deceased No. 2006-0240 CONSENT TO PETmON We, James D. Derr, Father ofthe deceased, and SylviaB. Derr, Mother of the eceased, join in the forgoingP N F A H RIZA C B filed of Laura D. Richards, and Philip C. Richards, Administrators of the Estate of Chad Michael iDerr. -7 {~~ U ~l~~ J es D. Derr -d6~ fk- Sylvia . Derr , Sworn and subscribed before me this ~9 H. day of March, 2006. c~~~ -t: (;jaktl/ Notary Public J Y My commission expire$: COMMONWEALTH OF PE NSYLVANJA NotariaJ Seal i Marion F. Graham, ~ PlbIic MiddletO'Ml Boro, Da ColI1ty My Corrvnission Expires . 18, 2009 Member, PA"~S'l!V(l;li(\ Associ<\!ion of Notaries -4- LAW OFFICES MALONE & NEUBAUM 42 SOUTH DUKE STREET YORK. PENNSYLVANIA 17401 GILBERT G. MALONE VICTOR A. NEUBAUM 1717) 843-8001 FAX: 1717) 852-0587 EVENING OFFICE HOURS DEL TA-FRI. 7:30-9:30 Glenda Strasbaugh Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 March 31, 2006 Re: Chad Michael Derr Estate; No. 2006-00240 Dear Register: I enclose stamped addressed envelopes for your use in connection with the Petition for Authorization to Continue Business filed March 31, 2006. v e;(, truly yours, () 'liJLA)~~ Victor A. Neubaum , I J (' '.' r." \-1 f~ :Zl >~U (, - U );j:~,v van Enel.