HomeMy WebLinkAbout11-13-13 In Re: IN THE COURT OF COMMON PLEAS OF
The Estate of CUMBERLAND COUNTY, PENNSYLVANIA
Alan H. Thrush, Deceased ORPHANS' COURT DIVISION
NO. 21-13-0613
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AMENDED PETITION UNDER SECTION 3102 a' � in X
OF THE PROBATE, ESTATES AND FIDUCIARIE1 n m �—' ri m
CODE FOR THE SETTLEMENT OF A SMALL ESTAT6- �
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TO THE HONORABLE JUDGES OF SAID COURT: " ° :a -,
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1. Your Petitioner, Bonnie L. Kreiger, is an adult individuaRwho resid6s at"' -n
105 Hickory Road, Carlisle, Cumberland County, Pennsylvania.
2. Judge Peck has been assigned to this case.
3. A prior Petition to Settle Small Estate was filed in this matter and approved
by Order of Court signed by Judge Peck on September 17, 2013.
4. The estate has received some additional monies and certain new
,expenses have been incurred and as such the Petitioner files this Amended Petition to
report the new circumstances in the estate since the filing of the initial Petition.
5. The decedent is Alan H. Thrush, who died on May 17, 2013.
6. The petitioner is the decedent's sister.
7. The decedent was not married at the time of his death and the decedent
had no children.
8. Petitioner was appointed administrator of the decedent's estate by the
Register of Wills of Cumberland County on May 31, 2013,
9. The decedent's last residence was 720 North Front Street, Lemoyne,
Pennsylvania 17043. The decedent owned this real estate subject to a mortgage of
Metro Bank, N.A.
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10. Petitioner conducted an auction of decedent's personal property at which
time the real estate was offered for public sale.
11. The real estate owned by decedent did not sell at auction despite
numerous advertisements and marketing in advance of the auction by Chuck Bricker,
the licensed auctioneer who conducted the public sale.
12. After the auction the petitioner marketed the real estate and had two offers
and petitioner accepted the highest offer in an arm's length transaction for a sale price
of$136,000.00.
13. The mortgage payoff on the property was approximately $135,000.00 and
Metro Bank agreed to a short sale and thereby accepted less than they were owed to
satisfy the mortgage and allow the sale to be completed. The real estate settled on
September 23, 2013 and no proceeds were available to the estate due to the short sale.
14. The decedent's personal property was sold at auction with gross proceeds
realized in the amount of$12,293.00 less costs of sale of$1,775.00 resulting in net
proceeds of$10,538.00.
15. Certain auction expenses were refunded to the estate through the sale of
the real estate and that refund totaled $745.00.
16. The decedent had funds on deposit at Americhoice Federal Credit Union
at the time of his death but decedent had a credit account through Americhoice which
exceeded the balance of the deposit account so no funds will be received by the estate
from Americhoice.
17. The decedent had a deposit account at Sovereign Bank with a date of
death balance of$739.69. The decedent also had a brokerage account with a few
shares of stock worth approximately $150.00.
18. The petitioner filed the decedent's 2012 income tax returns and a refund
of$1,007.00 is expected.
19. A payment of decedent's wages from Home Depot was received in the
amount of$946.43.
20. A summary of the assets of the estate are as follows:
Personal property: auction proceeds $10,538.00
Auction expense refund $ 745.00
Sovereign Bank $ 739.69
IRS refund for 2012 (not received yet) $ 1,007.00
Wages: Home Depot $ 946.43
Cash $ 19.18
Refund: Magisterial District Court 09-3-03 $ 136.00
Refund: Rider Insurance and Erie Insurance $ 247.50
Refund: Consumer Report Magazine $ 10.00
Stock: Home Depot, GE & Harley $ 150.00
Refund: Escrow Surplus, Metro Bank 195.38
Total $ 14,734.60
21. The decedent's administrative expenses are as follows:
Register of Wills: filing fees, probate fees $ 338.50
Franklin Real Estate: title search $ 150.00
Sovereign Bank: date of death balance fee $ 20.00
The Sentinel: legal advertisement $ 157.68
Cumberland Law Journal: legal advertisement $ 75.00
Patient First $ 139.13
Funeral Home: Malpezzi Funeral $ 7,636.12
Real estate Expenses: electric, gas, water/sewer $ 1,268.89
Tax preparation fees $ 135.00
Burial: Rolling Green Cemetery $ 2,265.00
Attorney's Fees $ 2,154.50
Comcast, Verizon & supply bill $ 54.29
Remove debris and trash from decedent's home $ 300.00
TOTAL: $14,694.11
22. The creditors of the estate are:
Creditor Acct# Amount Nature
Citi Mastercard 5256505211851337 $ 1,794.24 credit card
Citibank Goodyear 6035510146361294 $ 839,38 credit card
GE Capital: Walmart 6032207580729119 $ 3,595.93 credit card
Lowe's 81602210001927 $ 205.17 credit card
Americhoice xxxxxxx106 $ 8,273.28 credit card
Patient First 0008785672 $ 179.20 medical bill
TOTAL $14,88720
23. The Petitioner has filed a Pennsylvania Inheritance Tax Return which
indicates that no inheritance tax is due since the estate is insolvent.
24. Section 3392 of the Probate, Estates and Fiduciary Code directs the
payment of the administrative expenses of the estate and the funeral bill prior to paying
creditors in the estate.
25. Petitioner proposes to keep the approximate sum of$40.00 towards the
cost of the preparation of the decedent's 2013 income tax returns; otherwise,
Petitioner, who is the sole heir of decedent, will not be receiving any administrative fees
or distributions from this insolvent estate.
WHEREFORE, your Petitioner prays that an Order authorizing payment of the
administrative expenses from the decedent's assets and that no distribution be made to
unsecured creditors due to the insolvency of the estate.
BARIC SCHERER LLC
Michael A. Scherer, Esquire
I.D. # 61974
19 West South Street
Carlisle, PA 17103
(717) 249-6873
VERIFICATION
I verify that the statements made in the foregoing Amended Petition are true and
correct. I understand that false statements herein are made subject to the penalties of
18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
Date: /! 01—/3 �rsy�n� oZ° ,t7
Bonnie K ig r
CERTIFICATE OF SERVICE
I hereby certify that on November 8, 2013, I, Jennifer S. Lindsay, secretary at
Baric Scherer LLC, did serve a copy of the Amended Petition, by first class U.S. mail,
postage prepaid, to the persons listed below, as follows:
Mark Beans Lowe's
Americhoice Federal Credit Union P.O. Box 965004
2175 Bumble Bee Hollow Road Orlando, FL 32896
Mechanicsburg, PA 17055
GE Capital Retail Bank
Ascension Point Recovery Services, LLC P.O. Box 965023
200 Coon Rapids Boulevard, Suite 200 Orlando, FL 32896
Coon Rapids, MN 55433
Estate Information Services, LLC Receivables Management Systems
P.O. Box 1730 P.O. Box 8630
Reynoldsburg, OH 43068 Richmond, VA 23226
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