HomeMy WebLinkAbout10-06-10IN THE ORPHANS' COURT DIVISION
OF THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
N
ESTATE OF DONALD L. DELLINGER, DECEASED ~ o
No. 2008-00705 ~? ~
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APPROVAL OF ACCOUNT, WAIVER, RECEIPT, 1;z1'%~ - -~,
RELEASE, AND AGREEMENT OF INDEMNITY ~-, off; ~ ~~
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The circumstances leading up to the execution of this instrument are as follow: x- `~'~;
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1. Donald L. Dellinger died on June 17, 2008, leaving a Will dated October 6, 2006,
naming Robert Lichliter as Executor.
2. Letters Testamentary were granted to Robert Lichliter by the Register of Wills of
Cumberland County on July 2, 2008.
3. It is the desire of the Donald L. Dellinger heirs that the Estate be distributed without
the formality of a court proceeding in order to save the expense, publicity, and delay incident
to such court proceeding, and the Executor is willing to make such distribution upon the
execution of this instrument.
4. An account of the administration of the Estate of Donald L. Dellinger has been
prepared by the Executor. A copy is attached hereto as Exhibit A.
5. In consideration of the foregoing, each of the undersigned hereby:
A. Represents and warrants that he/she has read and understands this
instrument and that the facts set forth above are true and correct to the best of his/her
knowledge, information and belief;
B. Declares that he/she has examined the attached account of the administration
of the Estate and the attached schedule of distribution; that he/she finds them to be true and
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correct in all particulars; that he/she accepts and approves them as if they had been duly filed,
audited, adjudicated and confirmed absolutely by the Orphans' Court Division of the Court of
Common Pleas of Cumberland County, and as if the amounts shown as distributable had been
duly awazded to him/her;
C. Waives the filing and auditing of the account of the administration of the
Estate in the Orphans' Court Division of the Court of Common Pleas of Cumberland County,
and agrees that the Orphans' Court Division of the Court of Common Pleas of Cumberland
County may by its decree confirm the account and approve the schedule of distribution;
D. Requests the Executor to make distribution of the principal and income in
accordance with the schedule of distribution, and effective upon delivery to him/her of the
amounts shown as respectively distributable, acknowledges receipt of such property;
E. Agrees to refund to the Executor any amount which may at any time be
determined to have been an erroneous distribution to him/her, regardless of the cause of such
erroneous distribution, even if attributable to negligence, and agrees that any period for the
limitation of actions for the collection of any erroneous distribution shall commence only at
such time as the Executor shall have obtained actual knowledge of such erroneous distribution
and that in no event shall the period for collection of any erroneous distribution be less than
two years after the actual discovery thereof;
F. Absolutely and irrevocably remises, releases, quitclaims and forever
discharges Robert Lichliter, individually and in his capacity as Executor, from any and all
actions, suits, payments, accounts, reckonings, liabilities, claims and demands relating in any
way to the administration of the Donald L. Dellinger Estate;
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G. Agrees to indemnify and hold harmless, to the extent of the funds received
by him/her hereunder, Robert Lichliter, individually and in his capacity as Executor, from and
against any and all claims, loss, liability or damage (including legal fees and costs in
connection therewith) which he may suffer or to which he may be subjected by reason of his
administration of the Estate, the settlement of his Executor's account and the distribution of the
assets of the Estate without having the formal approval of the Orphans' Court Division of the
Court of Common Pleas of Cumberland County, including, but not limited to, any liability for
any federal estate tax, Pennsylvania inheritance tax or any other death taxes, together with
interest and costs incidental thereto, relating in any way to the Estate; and
H. Declares it to be his/her intention that this instrument, consisting of three
pages, shall be governed by the law of Pennsylvania and shall be legally binding as an
agreement under seal upon him/her and upon his/her heirs, executors, administrators and
assigns.
Executed on:
DATE o
DATE
DATE
DATE
CATHLEEN A. OLINICK
SHIRLEY G. THEOFILES
DONNA LEIGH SPOONHOUR
(Seal}
(Seal)
ALS ASSOCIATION, GREATER PHILADELPHIA CHAPTER
BY: (Seal)
BENJAMIN S. OHRENSTEIN, Chair, Board of Trustees
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G. Agrees to indemnify and hold harmless, to the extent of the funds received
by him/her hereunder, Robert Lichliter, individually and in his capacity as Executor, from and
against any and all claims, loss, liability or damage (including legal fees and costs in
connection therewith) which he may suffer or to which he may be subjected by reason of his
administration of the Estate, the settlement of his Executor's account and the distribution of the
assets of the Estate without having the formal approval of the Orphans' Court Division of the
Court of Common Pleas of Cumberland County, including, but not limited to, any liability for
any federal estate tax, Pennsylvania inheritance tax or any other death taxes, together with
interest and costs incidental thereto, relating in any way to the Estate; and
H. Declares it to be his/her intention that this instrument, consisting of three
pages, shall be governed by the law of Pennsylvania and shall be legally binding as an
agreement under seal upon him/her and upon his/her heirs, executors, administrators and
assigns.
Executed on:
DATE
DATE
(Seal)
(Seal)
(Seal)
DATE DONNA LEIGH SPOONHOUR
DATE
ALS ASSOCIATION, GREATER PHILADELPHIA CHAPTER
BY: (Seal)
BENJAMIN S. OHRENSTEIN, Chair, Board of Trustees
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G. Agrees to indemnify and hold harmless, to the extent of the funds received
by him/her hereunder, Robert Lichliter, individually and in his capacity as Executor, from and
against any and all claims, loss, liability or damage (including legal fees and costs in
connection therewith) which he may suffer or to which he may be subjected by reason of his
administration of the Estate, the settlement of his Executor's account and the distribution of the
assets of the Estate without having the formal approval of the Orphans' Court Division of the
Court of Common Pleas of Cumberland County, including, but not limited to, any liability for
any federal estate tax, Pennsylvania inheritance tax or any other death taxes, together with
interest and costs incidental thereto, relating in any way to the Estate; and
H. Declazes it to be his/her intention that this instrument, consisting of three
pages, shall be governed by the law of Pennsylvania and shall be legally binding as an
agreement under seal upon him/her and upon his/her heirs, executors, administrators and
assigns.
Executed on:
DATE CATHLEEN A. OLINICK
(Seal)
DATE SHIRL.EY G. THEOFILES
w (Seal)
DAT DONNA LEIGH SPOONHOU
ALS ASSOCIATION, GREATER PHILADELPHIA CHAPTER
BY: (Seal)
DATE BENJAMIN S. OHRENSTEIN, Chair, Boazd of Trustees
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G. Agrees to indemnify and hold harmless, to the extent of the funds received
by him/her hereunder, Robert Lichliter, individually and in his capacity as Executor, from and
against any and all claims, loss, liability or damage (including legal fees and costs in
connection therewith) which he may suffer or to which he may be subjected by reason of his
administration of the Estate, the settlement of his Executor's account and the distribution of the
assets of the Estate without having the formal approval of the Orphans' Court Division of the
Court of Common Pleas of Cumberland County, including, but not linuted to, any liability for
any federal estate tax, Pennsylvania inheritance tax or any other death taxes, together with
interest and costs incidental thereto, relating in any way to the Estate; and
H. Declares it to be his/her intention that this instrument, consisting of three
pages, shall be governed by the law of Pennsylvania and shall be legally binding as an
agreement under seal upon him/her and upon his/her heirs, executors, administrators and
assigns.
Executed on:
DATE CATHLEEN A. OLINICK
(Seal)
(Seal)
DATE ,SHIRI..EY G. THEOFILES
~~ (Seal)
DAT DONNA LEIGH SPOONHOU
ALS ASSOCIATION, GREATER PHILADELPHIA CHAPTER
BY:
(Seal)
DATE
BENJAMIN S. OHRENSTEIN, Chair, $oard of Trustees
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G. Agrees to indemnify and hold harmless, to the extent of the funds received
by him/her hereunder, Robert Lichliter, individually and in his capacity as Executor, from and
against any and all claims, loss, liability or damage (including legal fees and costs in
connection therewith) which he may suffer or to which he may be subjected by reason of his
administration of the Estate, the settlement of his Executor's account and the distribution of the
assets of the Estate without having the formal approval of the Orphans' Court Division of the
Court of Common Pleas of Cumberland County, including, but not limited to, any liability for
any federal estate tax, Pennsylvania inheritance tax or any other death taxes, together with
interest and costs incidental thereto, relating in any way to the Estate; and
H. Declares it to be his/her intention that this instrument, consisting of three
pages, shall be governed by the law of Pennsylvania and shall be legally binding as an
agreement under seal upon him/her and upon his/her heirs, executors, administrators and
assigns.
Executed on:
DATE
DATE
DATE
~/is ~n
DATE
(Seal)
CATHLEEN A. OLINICK
(Seal)
SHIRLEY G. THEOFILES
(Seal)
DONNA LEIGH SPOONHOUR
ALS ASSOCIATION, GREATER PHILADELPHIA CHAPTER
BY: ~~' ~"v~-~-~ (Seal)
BENJAMIN S. OH NSTEIN, Chair, Board of Trustees
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BEFORE THE REGISTER OF WILLS,
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2008-00705
FIRST AND FINAL ACCOUNT OF
ROBERT LICHLITER, Executor
For
ESTATE OF DONALD L. DELLINGER, Deceased
Date of Death: June 17, 2008
Date of Executor's Appointment: July 2, 2008
Accounting for the Period: July 2, 2008 to June 1, 2010
PURPOSE OF ACCOUNT: Robert Lichliter, Executor, offers this Account to
acquaint interested parties with the transactions that have occurred during his administration.
The Account also indicates the proposed distribution of the Estate.
It is important that the Account be carefully examined. Requests for additional
information or questions or objections can be discussed with:
Debra K. Wallet, Esquire
24 N. 32nd Street
Camp Hill, PA 17011
I.D. #23989
(717)737-1300
EXHIBIT A
SUMMARY OF ACCOUNT
Page
Proposed Distribution
to Beneficiaries 8
PRINCIPAL
Receipts 2-3
Net Loss on Sales or Other 3
Dispositions
Less Disbursements
Debts of Decedent 4
Funeral Expenses 4
Administration Expenses 4-5
Federal and State Taxes 5
Fees and Commissions 5
Principal Balance on Hand
INCOME
Receipts 6
Income Balance on Hand
Balance Before Distributions
Distributions to Beneficiaries 7
Fiduciary
Current Acquisition
Value Value
$69,664.29
$594,060.11
($5,526.81)
$5,216.64
1,274.10
9,938.91
136.50
52,700.00 $69,266.15
$519,267.15
$2,197.14
2,197.14
$521,464.29
$451,800.00
Combined Balance on Hand $69,664.29
RECEIPTS OF PRINCIPAL
Assets Listed in Inventory:
(Value as of Date of Death)
Cash and Bank Deposits:
Commerce Bank Checking
Acct. #0513226027
Orrstown Bank Checking
Acct. #106004008
U.S. Treasury Stimulus Check
$311.60
2,047.35
300.00
PayPal Account 488.01 $3,146.96
Tangible Personal Property:
Landis Auction Service (proceeds $130,062.42
from auction of personal items
and automobiles)
J.P. Sauer & Sohn Revolver 100.00
(based on proceeds from sale)
Personal property not sent to auction
(including washer, dryer, refrigerator,
television, etc.) 1,800.00 $131,962.42
Stocks:
Orrstown Financial Advisors Investment $216,262.82
Acct. #50000758007
Realty:
1269 Hillside Drive $240,997.33
Mechanicsburg, PA
2
Refunds:
Hagerty Insurance refunds
Highmark premium refund
Comcast refund
AT&T refund
Verizon refund
State Auto refunds
Waste Management refund
$621.00
383.00
65.73
16.47
27.39
494.00
38.46 $1,646.05
TOTAL ASSETS LISTED IN INVENTORY:
Receipts Subsequent to Inventory
(Valued When Received)
U.S. Treasury Refund $12.53
Orrstown Bank -refund of fees charged 32.00 $44.53
TOTAL RECEIPTS OF PRINCIPAL:
$594,015.58
$594,060.11
GAINS AND LOSSES ON SALES OR OTHER DISPOSITIONS
Orrstown Financial Advisors Investment Acct. #50000758007
07/10!08 Partial liquidation $30,000.00
07/22/08 Partial liquidation 5,000.00
10/27/08 Final liquidation 175,736.01
Fiduciary Acquisition 216,262.82
NET LOSS:
($5,526.81)
3
DISBURSEMENTS OF PRINCIPAL
Debts of Decedent•
Hagerty Insurance
- $604.00
Chase Card Services 582.47
Comcast Cable 110.44
Shillite Oil, Inc. 500.00
Met-F.d 96.93
State Auto (ins. on vans & rollback) 534.75
State Auto (homeowner's insurance) 397.50
PA Dept. of Revenue (personal taxes) 11.54
Waste Management 76.92
VA Affairs, Lebanon VA Med. Ctr. 63.00
Mary Murray, Tax Collector (school) 2,100.11
Verizon 138.98 $5,216.64
Funeral Expenses:
Myers Funeral Home $810.00
The Patriot-News (memorial) 464.10 $1, 274.10
Administration Expenses•
Probate Fees $666.00
Attorney's postage, photocopies, 50.00
mileage, etc.
Met-Ed 234.38
Debbie Rhoades (lawncare) 565.00
Paul Glantz (clean out house) 1,575.00
RSR Appraisers (property appraisal) 350.00
Battery Warehouse (for autos before sale) 328.56
Brad Nauss Automotive (sorting and 1,605.90
evaluation of auto parts & memorabilia)
Waste Management 76.92
Got Junk (trash removal) 774.00
Peggy Long (final house cleaning) 150.00
Safety Kleen Systems (hazardous 1,808.00
waste removal)
Duty's Lock and Key (change locks) 128.62
4
Hess (gas for vehicles) 20.07
The UPS Store 191.22
Harbor Freight Tools (auto cover tarp) 12.07
Home Depot (driveway markers for 16.79
parking limits for auction)
Office supplies purchased by Executor 149.55
for administration of Estate
U-Line (boxes) 268.80
FedEX International (to send docs. 42.25
to Fortis Bank)
Reimbursement to Executor for 48.00
postage, auto titles, etc.)
Mileage of Executor (1,119.5 miles 654.90
at $0.585/mile)
Certified mail charges for final income 12.14
tax returns
Cumberland Law Journal (advertisement 75.00
of grant of letters)
The Sentinel (advertisement of grant 110.74
of letters)
Reserve for Filing of Account 25.00 $9,938.91
Federal and State Taxes:
PA Inheritance Tax $94.50
2008 PA lifetime return 42.00 $136.50
Fees and Commissions•
Debra K. Wallet, Esq. -Atty. fees $15,000.00
Robert Lichliter (Executor fee) 30,000.00
Landis Auction Service (commission 7,350.00
on real estate sale)
Charles D. Kokoski, CPA 350.00
$52,700.00
5
RECEIPTS OF INCOME
Interest
Orrstown Bank:
11 /2008
07/01/08
07/01/08
$352.35
1,250.00
594.79
TOTAL RECEIPTS OF INCOME: $2,197.14
DISTRIBUTION TO BENEFICIARIES
TO: Cathleen A. Olinick
15 Ashley Drive
Dillsburg, PA 17019
Personal Property
Shirley G. Theofiles
202 South Main Street
Shrewsbury, PA 17361-1502
Personal Property
ALS Association, Greater Philadelphia Chapter
321 Norristown Road, Suite 260
Ambler, PA 19002
$1,400.00
$400.00
11/03/08 Cash Distribution $200,000.00
01/05/09 Cash Distribution 250,000.00 $450,000.00
TOTAL DISTRIBUTION TO BENEFICIARIES: $451,800.00
7
PROPOSED DISTRIBUTION TO BENEFICIARIES
TO: Cathleen A. Olinick
15 Ashley Drive
Dillsburg, PA 17019
$100.00
Shirley G. Theofiles 100.00
202 South Main Street
Shrewsbury, PA 17361-1502
Donna Leigh Spoonhour 100.00
137 West Middlesex Drive
Carlisle, PA 17319
ALS Association, Greater Philadelphia Chapter $69,364.29
321 Norristown Road, Suite 260
Ambler, PA 19002
TOTAL PROPOSED DISTRIBUTION TO BENEFICIARIES: $69,664.29
8
JUL1",2010
COMMONWEALTH OF PENNSYLVANIA
OFFICE OF ATTORNEY GENERAL
TOM CORBETT .lUly 9, 2010
ATTORNEY GENERAL
Debra K. Wallet, Esquire
24 N. 32"d Street
Camp Hill, PA 17011-2917
Re: Estate of Donald L. Dellinger/ No: 2008-00705
Dear Ms. Wallet:
Charitable Trusts and
Organizations Section
14th Flr., Strawberry Sq.
Harrisburg, PA 17120
Phone: (717) 783-2853
Facsimile: (717) 787-1190
This will acknowledge receipt of your notice under Supreme Court Orphans'
Court Rufe 5.5 regarding the above-captioned matter..
I have reviewed First and Final Account'of Robert~Licliliter, as Executor, for
the Estate of Donald L. Dellinger and have no objections. At your earliest
convenience, kindly forward a copy of the receipt and release and proof of payment to
the charity.
Please be advised that the above review was made pursuant to the ap rens
as triae function of this office and has no bearing on any matter unrelated thereto. Be
further advised that this no objection is based on the information submitted to the Office
of Attorney General and therefore is conditioned upon its accuracy submissions or
omissions.
Very truly yours,
`~ _ 1
!•
hn L. Downing
eputy Attomey General
JLD/srh