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HomeMy WebLinkAbout07-12-12\ ~ DECEDENT'S ESTATE ~' ,~., =~~' COURT OF COMMON PLEAS OF ~~ `- n ~ CUMBERLAND COUNTY, PENNSYLVANIA . `~' ~ ~ ~ c__ ~ -- ~' `~ ~~~~~ ~- r~-rrw ORPHANS' COURT DIVISION ~-~'} ~~~ A' "'° `~-' C7C~, _ ~.Jtit° -• -~-; ESTATE OF JEFFREY E. ESLINGER SR N ~7 , . DECEASE D No. 21-11-0099 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: R• MARK THOMAS, ESQUIRE Supreme Court I.D. No.: 41301 Name of Law Firm: LAW OFFICE OF R. MARK THOMAS Address: 101 S. MARKET STREET, MECHANICSBURG, PA 17055-6328 Telephone: 717-796-2100 Fax: 717_ Form OC-01 rev. 10.13.06 Page 1 of 10 Estate of JEFFREY E. ESLIlVGER, SR. 1. Name(s) and address(es) of Petitioner(s): Name: LINDA L. RYAN Address: 102 LONGLANE ROAD NEWVILLE, PA 17241 Deceased Identify any executors or administrators who have not joined in the Petition for Adjudication and Statement of Proposed Distribution and state reason: 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 JANUARY 1, 2011 Letters Testamentary or Letters of Administration were granted to Petitioner(s) on Date of Will (rf applicable): Date(s) of Codicil(s) (rfapplicable): Date of probate (rf different from date Letters granted): Was a bond required? ~yeS 0 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 - The Patriot News: 2/4/11, 2/11 /11, and 2/18/11. Cumberland Law Journal: 2/18/11, 2/24/11, an Form OC-01 rev. 10.13.06 Page 2 of 10 Estate of JEFFREY E. ESLINGER, SR. Deceased 3. Was decedent survived by a spouse? ........ . .................... Yes Q No If yes, name of the surviving spouse:- 4. Has the surviving spouse filed to take an elective share? (See Section 2201 et sic. of the Probate, Estates and Fiduciaries Code) ©Yes 0 No If yes, date of election • n/a 5. In the case of an intestacy, state the names of the decedent's surviving children or surviving issue of deceased children (rfnone, so state): WARREN P. ESLINGER JEFFREY E. ESLINGER, JR. 6. Did decedent marry after execution of Will or Codicil(s)? .... , , , , , . . Q 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 OC-01 rev. 10.13.06 Page 3 of 10 Estate of JEFFREI' E. ESLINGER, SR. 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): Name and Address o Each Party in WARREN P. ESLINGER 111 WHITE DAWN ROAD SON 50% MECHANICSBURG, PA 17055 JEFFREY E. ESLINGER, JR. SON 17 ELMWOOD BUILDING MIDDLETOWN, PA 17057 Form OC-01 rev. 10.13.06 50% Page 4 of 10 Estate of JEFFREY E. ESLINGER, SR. Deceased NONE 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 parry, state date of death, date and place of grant of Letters and type of Letters granted. N/A Form OC-O1 rev. 10.13.06 Page 5 of 10 B. Identify each party who is not sui 'uris e. For each such a ~ ~ g• ~ minors or incapacitated persons). p rty, 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. Estate of JEFFREY E. ESLINGER, SR. 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 Claimant SEE ATTACHED LIST 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: Warren & Jeffrey Eslinger Relationship: S011S Form OC-01 rev. 10.13.06 Page 6 of 10 Estate of JEFFREI' E• ESLINGER, SR. 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 NONE 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 ~ 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: The payment of $2,855.75 paid at 10.96% to all unsecured debts of the estate. Petitioner's position is that those are the only funds available. 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. Form OC-01 rev. 10.13.06 Page 7 of 10 Estate of JEFFREY E. ESLINGER, SR. Deceased 16. Had the decedent been adjudicated an incapacitated person? ...... . • .. 0 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. No~F 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. Purpose; 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 ~-1N0 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 OC-01 rev. 10.13.06 Page 8 of 10 Estate of JEFFREY E. ESLINGER, SR. 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 Distributee(s) none B. Principal: Proposed Distrtbutee(sJ none Enter Corporate Fiduciary (if applicable): AmoundProportion AmoundProportton Submitted By: (All petitioners must sign. Add additional lines if necessary): Name Petitioner: Linda L. yan, Administratrix Name of Petitioner: Form OC-Ol rev. 10.13.06 Page 9 of 10 Estate of JEFFREY E. ESLINGER, SR. Deceased Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that heishe n/a ~_ IS line of the above-named name ofcorporalion forth in the foregoing Petition for Adjudication /Statement of Proposed Distrdibuho the facts set within the personal knowledge of the Petitioner are true, and as to facts based on the inforrnare of others, the Petitioner, after diligent inquiry, believes them to be true; and that any false tion statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 (relating to unsworn falsification to authorities). 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. Signature of Counsel for Petitioner Form OC-Ol rev. /0.13.06 Page 10 of 10 ANSWER #10 All other Unsecured claims 1 Members 1st- Visa PO 4517 Carol Stream, IL 60197-4517 7 11/I.,..~.L___ . - •-•-....wc.~ 1JL Unsecured Loan 3206.57- withheld 2217.45 5000 Louise Drive, Mechanicsburg, PA 17055 ~ n~~,.,..___ DCM Services PO Box 9317 Minneapolis, MN 55440-9317 4 Citi (OFFER- 2522.06) Ascensionpoint Recovery Services -200 Coon Rapids Blvd Coon Rapids, MN 55433-5876 5 Amex acct# xxx5451 West Asset Management, Inc PO Box 956842, St. Louis, MO 63195 acct# 212330432 ~ r~tie~.... ~,,....~.. - - - - - ^~~-~~+~ wrr[K 3~419.Z4) J.C. Christensen & Assoc. Inc. PO Box 519 Sauk Rapids MN 56379 7 n;~h tie+..,,._~_ acct#112132m Dept 0063, Palatine, IL 60055-0063 8 Warren Edinger- Loan ref# 60902375 111 White Dawn Rd, Mechanicsburg, PA 17055 Total All Other Claims AMOUNT of CLAIM 10,006.33 989.12 1,038.31 3,152.58 5,091.46 4,884.63 15.90 900.00 ______ $ 26,078.33 proposed: Pd in full?? I 10.95 1,095.69 No 108.31 No 113.69 No 345.21 No 557.51 No 534.87 No 1.74 No 98.55 No 2,855.58 .~ _r~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ~~ FILE NO. c~v -~~-, _ 21-11-0099 ~~ r FIRST AND FINAL ACCOUNT OF .~ G- ." LINDA L. RYAN, ADMINISTRATRIX nc~' FOR ESTATE OF JEFFREY E. ESLINGER, SR.., DECEASED -~, Date of Death: Date of Incapacity, if any: Date of Administrator's appointment: Date of First Complete Advertisement Accounting for the period: January 1, 2011 None January 24, 2011 March 4, 2011 January 1, 2011 to June 27, 2011 ;,,_, ~~ r-- fV ~. 0 N Purpose of Account: The Administrator offers this Account to acquaint interested arties wi the transactions that have occurred during the Administration. p th It is important that the Account be carefully examined. Requests for additional information questions or objections can be discussed with: R. Mark Thomas, Esquire 101 South Market Street Mechanicsburg, PA 17050 Telephone: 717-796-2100 Supreme Court ID No. 41301 SUMMARY OFACCDUNT Principal: Real Estate Cash Personalty Receipts Subsequent to Inventory Net Gain (or Loss) on Sales or Other Total Principal P-~ Current Fiduciary Value Acquistion Value 2 2 $0 2 .SI0,509.1 S 3 ~ I9448.88 3 $0 3 $0 .8'29,958.03 :~ :-~, t _-j l_ ~ I ` -~j --, r,,,`r- -:~ `-r ~7 ~~ ~F ~~ ~~ Less Disbursements: Debts of Decedent Funeral Expenses 3 ($ 2,413.35) Administration Expenses 3 Family Exemptions 3 ($ 2,164.93) Fees and Commissions 4 ($ 3,500.00) Federal and State Taxes 4 ($ 5,890.00) Total Disbursements ($ 9.00) $27102.28 Principal Balance on Hand 4 $2,855.75 RECEIPTS OF PRINCIPAL ASSETS LISTED IN INVENTORY (Valued as of Date of Death) REAL ESTATE: CASH: Vanguard IRA $ 1,488.99 PSECU Account No. 8705xxx $ 1,517.05 Check from Health Insurance Check from Health Insurance Insurance Refund DOD (unpaid leave) $ $ $ $ 36.00 2,277.35 24.00 5,____165 ~6 PERSONALTY: Firearms $ 1,735.00 2003 Dodge Ram 1500 $ 10,305.00 2002 Ford Ranger $ 5,000.00 2001 Chevrolet Malibu $ 1,500.00 Investment Account w/ Scottrade $ 908.88 TOTAL INVENTORY (valued as of date of death) Fiduciary Acquisition Value NONE $ 10,509.15 ~ 19,448 88 $ 29,958.03 2 RECEIPTS SUBSEQUENT TO INVENTORY O TOTAL PRINCIPAL DISBURSEMENTS OF PRINCIPAL FUNERAL EXPENSES NONE NONE $ 29,958.03 Funeral Home $ 8577.00 Gingerich Memorials $ 45=~ TOTAL FUNERAL EXPENSES ($ 13,125.00) ADMINISTRATION EXPENSES Register of Wills (probate fees) Firearm Appraisal $ 191.50 Publications $ 26.50 a) Patriot-News Co. $ 263 28 b) Cumberland Law Journal $ . Storage Rent (1 month) 75.00 UGI $ 1050.00 United Water $ 281.29 Erie Insurance $ 33.36 Petition for Adjudication $ 39.00 Postage $ 130.00 2010 Tax Return Preparation $ 30.00 _ p0 TOTAL ADMINISTRATION EXPENSES ($2,164.93) FAMILY EXEMPTIONS $ 3,500.00 ($3,500.00) 3 FEES AND COMMISSIONS R. Mark Thomas, Esquire (Attorney's fees) Linda Ryan, Administratrix TOTAL FEES AND COMMISSIONS FEDERAL AND STATE TAXES 20101040 Pennsylvania Inheritance Taxes $ 4,390.00 $ 1,500_pp $ 9.00 NONE ($ 5,890.00) ($ 9.00) TOTAL ADMINISTRATIVE COSTS, FEES, TAXES TOTAL RECEIPTS $29,958.03 TOTAL EXPENSES 27102.28 CASH ON HAND DISTRIBUTION TOTAL UNSECURED CREDITORS $26,078.33 $27102.28 $ 2,855.75 10.95% 4 VERIFICATION LINDA L. RYAN, Executrix of the Will of Jeffrey E. Edinger, Deceased, hereby declare under oath that she has fully and faithfully discharged the duties of her office; that the foregoing First and Final Account is true and correct and fully discloses all significant transactions occurrin during the accounting period; that the estate is insolvent, there are seven outstanding claims g against the estate, known to me, each of whom is identified herein; and that the grant of Letters Testamentary and the first complete advertisement thereof occurred more than four months before the filing of the foregoing First and Final Account. This statement is made subject to penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: ~O o?7 a,p/~ LINDA L. RYAN 5 PROPOSED DISTRIBUTION OF CASH REMAINING CASH REMAINING FOR UNSECURED CLAIMS= $ 2,855.58 $ 2,855.58 = N $ 26,078.33 100 10.95 to each creditor All other Unsecured l i c a ms proposed: AMOUNT of CLAIM 10.95% 1 Members 1st- Visa PO 4517 Carol Stream, IL 60197-4517 10,006.33 1 095 69 2 Members 1st , . Unsecured Loan 3206.57- withheld 2217.45 5000 Louise Drive, Mechanicsburg, PA 17055 989.12 108 31 3 Discover . DCM Services PO Box 9317 Minneapolis, MN 55440-9317 1,038.31 113 69 4 Citi (OFFER- 2522.06) . Ascensionpoint Recovery Services -200 Coon Rapids Blvd 3,152.58 345 21 Coon Rapids, MN 55433-5876 . 5 Amex acct# xxx5451 West Asset Management, Inc acct# 212330432 PO Box 956842 St. Louis MO 6 5,091.46 557.51 , , 3195 6 Caholx Intern ~ _ J.C. Christensen & Assoc. Inc. PO Box 519 Sauk Rapids MN 56379 7 Dish Network acct#11213207 Dept 0063, Palatine, IL 60055-0063 8 Warren Eslinger- Loan ref# 60902375 111 White Dawn Rd, Mechanicsburg, Pq 17055 Total All Unsecured Claims 4,884.63 534.87 15.90 1.74 900.00 98.55 I $ 26,078.33 $ 2,855.58 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA '='- r ORPHANS' COURT DIVISION ~x ~ -~;' ~-.~' ~7Tr ESTATE OF JEFFREY E. ESLiNGER, SR., DECEASED ~ ~ ~;' r... -- i,~~ J NO. 21-11-0099 c~~ ` ~ r t l' ° -~ ~~ nc,, _ -ti, CERTIFICATE OF NOTICE ~' o ~~ c~ ^, I, R. Mark Thomas, Esquire, counsel for the Petitioner, hereby certify that Notice of the filing of the First and Final Account in the Estate of Jeffrey E. Edinger, Sr., deceased, has been served on the following persons, by depositing a true and correct copy of same in the U. S. Mail, on~~_~ 2012 postage prepaid and addressed as follows: Linda Ryan 102 LongLane Road Newville, PA 17241 Jeffrey E. Edinger, Jr. 17 Elmwood Building Middletown, PA 17057 Warren Edinger 111 White Dawn Road Mechanicsburg, PA 17055 Members 1St- Visa & Loan 5000 Louise Drive Mechanicsburg, PA 17055 Discover DCM Services PO Box 9317 Minneapolis, MN 55440-9317 Citi Ascensionpoint Recovery Services 200 Coon Rapids Blvd Coon Rapids, MN 55433-5876 Amex West Asset Management, Inc. PO Box 956842 St. Louis, MO 63195 Cabelas .1. C• Christensen & p0 Box 519 Assoc., Inc. Sauk Rapids, MN 56379 Dish Network Deft 0063 palatine, IL 60055-0063 Attached to Final Account, the phe Notice, or include Rule 6,3,1 etition for d Within the Adjudication and the sta etice, were co f the menu Ples o First and Res reQuired under Local pectfully submitted, GLG~ R• Mark Tho `4~o~eY 41301as~ Esquire 101 South M~'ket Street Mechanicsb Tele erg' PA 17055 phone: 717.796-2100 Cabelas J.C. Christensen & Assoc., Inc. PO Box 519 Sauk Rapids, MN 56379 Dish Network Dept 0063 Palatine, IL 60055-0063 Attached to the Notice, or included within the Notice, were copies of the First and Final Account, the Petition for Adjudication and the statements required under Local Rule 6.3.1. Respectfully submitted, ~~- R. Mark Thomas, Esquire Attorney 41301 101 South Market Street Mechanicsburg, PA 17055 Telephone: 717-796-2100