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HomeMy WebLinkAbout03-19-14 IN THE COURT OF CONiMON PLEAS OF CUMBERLAND COUNTY ORPHANS' COURT DIVISION � c� '� ?� Esta.te of Joseph F. Buchignani,Deceased �. � , ���r_. � �� FILE NO. 2012-00951 � �-' � � � PA NO. 21-12-00951 �'�:.�r=� — -�� �.,.�, � ��� , tw;t"". �' � ��.� ��w. ' � �. PETITION FOR SETTLEMENT OF SMALL ` -� � ��' ESTATE IN ACCOURDANCE WITH 20 Pa.C.S. §3531 � � �'� The petition of Thomas C. Herweg,Executor,by his counsel,Richard E. Connell, Esquire,of Ball,Murren&Connell,respectfully states: 1. Joseph F. Buchignani died on August 15,2012,having resided at 208 Senate Avenue, Apt. 220, Camp Hill,PA 17011. 2. Petitioner, Thomas C.Herweg, is Executor of the decedent's Will dated December 15, 2010,which was admitted to probate by the Honorable Glenda Farner Strasbaugh,Register of Wills of Cumberland County, on September 4,2012 and Letters Testamentary were granted to Petitioner on September 4,2412. A copy of the Will is attached hereto as E�iibit A. 3. The first complete advertisement of the grant of letters was on December 28, 2012 and copies of the Advertisement are atta.ched as Exhibits B and C. 4. Petitioner's first and final account of the Esta.te of Joseph F. Buchignani, dated March 14, 2014, is attached hereto as Exhibit D. 5. The decedent was not married on the date of death. 1 _ _ __ _____. _ � 6. The gross personal estate of the decedent totals less than$25,000.00, as shown on page of the account. The decedent did not own any real estate. 7. The remaining unpaid creditors of the estate are shown on page of the account. The claims are admitted. There are no other unpaid claimants of whom or of which petitioner has notice of knowledge. 8. The Pennsylvania lnheritance Tax Return has been filed with the Register of Wills and there was no inheritance tax owed by petitioner. The inheritance tax Notice of Inheritance Tax Appraisement,Allowance or Disallowance of Deductions and Assessment of Tax from the Pennsylvania Departrnent of Revenue is attached as Exhibit E. It is noted that at the time the return was filed,Petitioner believed that decedent held 116 shares of PP&L Common Stock which would have had a date-of-death value of$3,228.40. Subsequent to the filing of the return, Petitioner determined that decedent did not hold any stock interest in PP&L at his death or for , years prior to his death. As a result,there is no such asset available to the Estate. In addition, it is noted that since the filing of the inheritance tax return, additional principal receipts were identified and are set forth in the First and Final Account. Those additional receipts in no way change the fact that the esta.te owes no inheritance tax. 9. The decedent was not a fiduciary in any other estate and was not a surety on the bond of a fiduciary. 10. The unpaid creditors listed in the account have been served with a copy of this petition and the attached account. 2 11. The following individuals with a beneficial interest in the decedent's estate (decedent's cousins)have also been served with a copy of this petition and the attached account: Anthony Stains,Joshua Michael Stains and Ricky Stains. 12. The distributable balance, as reflected in the attach�d account on page 4, is available to be awarded on a pro-rated basis to the Pennsylvania Department df Public Welfare,the unpaid Class 3 Claim Creditor(20 Pa.C.S. §3392), and to the other Class 3 cla.im creditors listed on page 3 of the atta.ched account. There are no funds available to be awarded to the unpaid Class 5.1 Claim Creditor or the unpaid Class 6 Claim Creditors (20 Pa.C.S. §3392). WHEREFORE, petitioner respectfully requests the Court to order that the distributions previously made be approved as reflected in the atta.ched account,that the distributable balance in the decedent's esta.te to be distributed to the various unpaid Class 3 Claim creditors in the proportionate amounts as shown,that there be confirmed the absence of assets distributa.ble to, in any way, satisfy the Class 5.1 Claim Creditor and the Class 6 Claim Creditors(20 Pa.C.S. §3392),and that Thomas C. Herweg be discharged from the duties as Executor of tlie Estate of Joseph F. Buchignani, Deceased. Respectfully submitted, B , MLTRRE Richar . Connell PA ID No. 21542 2303 Market Street Camp Hill, PA 17011 (717)232-8731 Dated: � � �0 ���'y �_ 3 VERIFICATION I,Thomas C. Herweg,verify that the statements in t11e foregoing document are true and correct. I understand that false sta.tements herein are made subject to the penalties of 18 Pa. C.S. §4904,relating to unsworn falsification to authorities. , _�-----;--,. _ � � �� � Thomas C. Herweg Dated: � '�=� �� �4�� 4 wi��oF JOSEPH F. BUCHIGHANI i, Joseph F. Buchighdni of Cumberland County, Camp Hill, Pennsylvania, declare this to be my last Will and hereby revoke all prior Wills and Codicils. 1. 1 direct that alf my just debts, funeral expenses, gravemarker and administrative expenses shail be paid from my residuary estate as soon as practicable after my death. 2. I direet that all ir�heritance, estate, transfer, succession and death taxes of any kind whatsoever which may k� payable by reason of my death sha�l be paid out of my residuary estate. 3. I direct that my entire estate be distributed as follows: A. I direct that my entire estate go to Ricky Stains, Anthony Stains and Joshua Michael Stains in equal shares. B. Should Ricky Stains, Antho�y Stains or Joshua Michael Stains predecease me their share shall lapse and be divided into equal shares �etween the surviving children. 4. I appoint J�anna Stains as Guardian of the estate of Ricky Stains, Anthony Stains and Joshua Michael Stains .should t die before they attain the age of 18 yearg. - 5. �I appoint Thomas Herweg Executor of this my last Will. If Thomas Herweg should predecease me or cease to act in such capacity, i appoint Casey Aiello as alternate. 6. The Executor of fhis Will shall have the power to distribute my estate in kind or in cash, or partly in either. � � � c�►w oFFicES oF � STEPHEN J. HOGG � ��- . . t 9 S.HANOVER STREET � �, 'I,'�y SUIT"E 101 . �i��"�/ CARLISLE,PA 17013 7. i direct that no Executor acting under this Will shall be required to enter bond in any jurisdiction. � IN WITNESS WHE E�F, i have ereunto set my hand this __-�day of , 20'�'� • �. J seph F. Buchighani < < � . ��'�`�_. � � �,W��oF STEPHEN J.HOGG 19 S.HANOVER STREET SUITE 101 CARLISI.E,PA 17013 The preceding instrumen�consisting of this and two other pages was on the day and date hereof signed, published and dectared by Joseph F. Buchighani as and for his last WiH in the presence of us, who at his request, in his presence and in the presence of each other have subscribed our names as witnesses hereto. � ► ��� - � WITNES WITNESS 1.AW OFFICH5 OF STEPHEN J. HOGG 19 S.NANOVER STREET � SUITE 10 t CARLISLE.PA 17013 AEKNO�WLEDGMENT State of Pennsyfvania ss � County of Cumberland I, Joseph F. Buchighani, the Testator, whose name is signed to the attached or foregoing instrument, having been duly qual�ed according to law, do hereby acknowledge that I signed and executed the instrument as my last Wiil; that I signed it wiilingly and as my free ; and voluntary act for the purposes therein expressed. � � J ph F. Buchighani Sworn to or affirmed and cknowledge before me Joseph F. Buchighani the Testator, this ��day of , �2 -�-...,._--- ��..�„�.............._ NO?ARfl�1i.3�6�„ ° ./� ����r� � � �•so%C��s��.��, otary Pubiic/Attorney �►�n�x�+ww�s���ona. .�."`.�'"`"""`�„"'""'°J4�'F�DAV IT State of Pennsylvania ss County of Cumberland �j�� ,-- .� We,�,a�q�-�����—.and ��G�,s� ��/- the � witnesses whose names are signed to the attached or foregoing instrument,.being duly quatified according to law, do depose and say that we were present and saw the Testator sign and execute the instrurnent as his last Will; that the Testator signed wiilingly and � executed it as his free and voluntary act for the purposes therein � expressed; that each subscribing witness in the hearing and sight of � the Testator signed the Will as a witness; and that to the best of our knowledge the Testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. �� Sworn to or a rmed and s scribed to bef e me by witnesses, this�day of > • [r►W OFFICES OF �A�` STEPHEN J.HOGG ��a�,�� P bti Attomey i 9 S.NANOVER STREF.T ��oro�,G�1��.,�,�:t�,M.I�� SU)TE IOI ��f:�tc�R� _, f��ti.1�+�.tnE,�� !ti�',:.n�.Y ' . CARL1SLE,PA 17013 - ... .......;... "� ..., f,<t3t;;� . . , .... r PROUF OF PUBLI�ATION State of Pennsylvania,County of Cumberland Tackie Cox,Sales Director,of The Sentinel,of the County and State aforesaid,being duly sworn,deposes.and says that THE SENTINEL,a newspaper of general circulation in the Borough of Carlisle,County and State aforesaid,was established December 13�,1881, since which date THE SENTINEL has been regularly issued in said County,and that the printed notice or publication attached hereto is exactly the same as was printed and � published in the regular editions and issues of THE SENTINEL on the following day(s): November 30,December 7&14,2012 COPY OF NOTICE OF PUBLICATION ...< . . .. ��:;�� ,.. �;�� -�*�.�4�;.��x�„-�::�:s�-;����:�t����� Affiant further de oses that he she is not •;;�{� �. •'s�i�• ;:� �,. `� �,.:;.:;:�,;`; p � '. �:. ;��t�;� ��'�-;.. �. i <�'` - �l� - ��'"::°-�:':�; interested in the subject matter of the ''i:• .:.4'��..�i�,s y. . ��� - : ��, aforesaid notice or advertisement,and that ;. :,:.�::. :r.�:. _ ;.�;�i<;t� x� � - .;:�:�;;;:_,::: all allegations in the foregoing statement as �. -a;=�'z'�' to time,place and character of publication ,� . -:,::�., •:,;`;. ,.F...F;:. :,:,�.ri - .�S;f'.�.:s:;: i::..� 'Yr.j.'�_...,_:,..`;,'.�� Gl1G 1.11.1G. -� "i iJl.,::'o.'_e:�':i.�:�i: ,.'..�. ` .:,. `� ..�1i. :t� ,.'::.z�- .: ';.�°..,. y,,���`:.:. + ?�� ,� �+•_.''4_ ^ :}�. .:Je!a�,^il:.�' ':�i.; .;��`ti.a5.��`_,'. f: �:[' i.j � ` ���fr,>��ti`+�;.��•.�'.:�'�':� '�r '. 4 �'�, � `.�+:::'i��^:<'-a•''N: j.l'�ft _ y,� ;'l. �t'..YS-.'.:a-_::e�"2' �:i:..:jk� • ��_; `F �{,;'s.:;'�r� �;�tic '�.;_�,j!'' ,{��x9'r:�.r�4«:ti:�,='�'i�r:;'� . ♦:i�+rF� ,.�nt'4:::.Sf�Y1"'��::�' iav i''��' 'y;�`.t`�.'Y !i_I 3 S � � F ."1 1 . . ' e �: -d�t�S�3P1! Xwf.,:i i.—,.�a1�r'�A .. .. Sworn t and sub ' d before e this � �`Z Notary Public . , My commission expires: �-��� �.�� �a;�9�AL S��� BAMSI P+�a�H pubi�c�ORN Not Y CA��iSLE BGROUGH,CUMBERLAND CNTI i�y Comm:ssion Expices Jaa 27.20i4 ♦ 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 officiallegal periodical for the publica.tion of all legal notices, and has, since January 2, 1952,been regulazly 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 t11e said Cumberland Law Journal on the following dates, V1Z: . December 14,December 21,and December 28i 2012 Ai�'iant furkher deposes that he is authorized to verify this statement by the Cumberland Law Joumal,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. � L sa Marie Coyne,Edit SWORN TO AND SUBSCRIBED before me tlus 28 dav of December,2012 � a- - Notaty Bncbi�aaai,Joseph F.,dec'd. Late of East Peansboro Tawnship. E�cecutor: Thomas Herweg c/o Thamas A.Cappe�,Esquire,Ball, � Murrm&Connell, 2303 Market Street,Camp Hill,PA 17011. NOTARIAL SEAL Attorneys: Thomas A. Capper, DEB4ftAH A COLLtMS Esqusre,Balt,Murren&C�ne11, Notary Pubtic 2303 Market Street, Camp H�1, CARLISLE SOROUGH,CUMBERLAND COUNTY PA 17011,(?1'�232-8731. My Commissian Expires Apr 28,2014 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ORPHANS' COURT DIVISION FILE No. 2011-00951 PA NO. 21-11-00951 FIRST AND FINAL ACCOUNT OF Thomas C. Herweg, Executor For ESTATE OF JOSEPH F. BUCHIGNANI,DECEASED Date of Death: 08/15/2012 Date of Incapacity, if any: None Date of Administrator's Appointment: 09/04/2012 Date of First Complete Advertisement: 12/28/2012 Accounting for the Period: 06/12/2012 to 03/14/2014 Richard E. Connell Ba11,Murren& Connell 2303 Market Street , Camp Hill,PA 17011 (717)232-8731 Supreme Court I.D.No. 21542 1 PRINCIPAL RECEIPTS Personal Effects�Valued as of Date of Death OS/31/2011) Integrity Bank 781.22 Refund of Susquehanna View Apartment Security Deposit 324.00 Social Security Check 968.40 Death Benefit from State Pension Plan 376.45 Refund from Maranatha 900.73 Refund from CVS Pharmacy 28.60 Life Insurance Proceeds 2.228.68 TOTAL PRINCIPAL RECEIPTS $ 5,608.08 DISBURSEMENTS OF PRINCIPAL FIJNERAL EXPENSES (Class 1 Claims—20 Pa. C.S. §3392) 11/5/2012 Neill Funeral Home Altar Servers and Additional Death Certificates 65.00 ADMINISTRATION EXPENSES (Class 1 Claims—20 Pa.C.S. §3392) 08/30/2012 Cumberland County Register of Wills—Probate Fee 83.50 09/21/2012 Cumberland County Register of Wills—Additional Short Certificates 20.00 OS/07/2013 Cumberland County Register of Wills—Filing of Inheritance T� Return 30.00 O 1/08/2014 Ball,Murren&Connell—Reproduction and Postage 22.07 Cumberland Law Journal(advertising) 75.00 The Sentinel—Legal 168.30 2 ADMINISTRATION EXPENSES—FEES (Class 1 Claims—20 Pa.C.S. §3392) O1/08/2014 Ball, Murren& Connell Attorneys' Fees 900.00 Thomas C. Herweg, Executor's Fee 750.00 TOTAL DISBURSEMENTS OF PRINCIPAL $2,113.87 UNPAID CREDITORS' CLAIMS (CLASS 3 Claims 20 Pa.C.S. §3392) Amount Claimed Proposed Distribution 07/O1/2012 Manor Care Facility#0583, Account#3027 1,239.00 1,223.33 06/25/2012 Dr. Yousufuddin, MD, Account#99243 35.00 33.55 OS/27/2012 West Shore EMS, Account#229358W 48.02 45.08 06/OS/2012 PA Gastroenterology Consultants, Account#15861 11.02 10.36 OS/3-4/2012 Visiting Nurse Association, Account#35972 16.00 14.68 PA Dept. of Public Welfare (medical expense outpatient and long-term care) 2,172.37 2.167.21 TOTAL CLASS 3 CLAIMS $ 3,521.41 $ 3,494.21 UNPAID CREDITORS' CLAIMS (CLASS 5.1 Claim—20 Pa. C.S. §3392) Amount Claimed Pro�osed Distribution PA Dept. of Public Welfare (outpatient claim) 8,263.29 -�- 3 UNPAID CREDITORS' CLAIMS (CLASS 6 Claims—20 Pa. C.S. §3392) Amount Claimed Proposed Distribution 12/31/2010 Critical Caze Systems, Account#173 3 069 15.93 - 0 - Eastern Account(COMCAST) Account#25753252189945-3 643.01 -0- 07/14/2010 Holy Spirit Hospital, Account#37512530 500.00 -0 - NET AVAILABLE FOR DISTRIBUTION TOTAL PRINCIPAL RECEIPTS $ 5,608.08 TOTAL DISBURSEMENTS OF PRINCIPAL $ 2,113.87 FOR ACCOUNT PERIOD NET AVAILABLE FOR DISTRIBUTION TO UNPAID CREDITORS $ 3,494.21 LESS: CLASS 3 CLAIMS (pro-rated) - 3,494.21 NET AVAILABLE FOR DISTRIBUTION TO CLASS 5.1 CLAIM -0- NET AVAILABLE FOR DISTRIBUTION TO CLASS 6 CLAIMS -0- 4 VERIFICATION THOMAS C. HERWEG,Executor of the Estate of Josep�F. Buchignani,Deceased, hereby declares under oath that he has fully and faithfully discharged the duties of his office;that the foregoing First and Fina1 Account is true and correct and fully discloses a11 significant transactions occurring during the accounting period;that all known claims against the Estate have either been paid in full or that all known unpa.id creditors have been identified as set forth in the Account;that a11 taxes presently due from the Estate have been paid; and that the grant of Letters of Administration and the first complete advertisement tliereof occurred more than one yeaz before the filing of the foregoing First and Fina1 Account. This statement is made subject to penalties of 18 Pa.C.S.§4904,relating to unsworn falsification to authorities. ��_-' � /���,,,e . THOMAS C. HERWEG Dated: �� �`� ��`� 5 � N�TICE OF INHERITANCE TAX � �eI1I1Sy�Van�� BUREAU oF INDIVIDUAL TAXES APPRAISEMENT, ALLOWANCE OR DISALLOWANCE INNERITANCE TAX DIVISION OF DEDUCTIONS ANI} ASSESSMENT OF TA� DEPARTMENT OF REVENUE PO BOX 280601 REV-1547 DC AFP CO3-13) HARRISBt�tG PA 17128-0601 DATE 07-01-2013 ESTATE OF BUCHIGNANI JOSEPH F , DATE OF DEATH 08-15-2012 FILE NUMBER 21 12-0951 RICHARD E CONNELL ESp COUNTY CUMBERLAND 2303 MARKET ST ACN 101 APPEAL DATEz 08-30-2013 CAM P H I L L PA 17 O 11-4 6 2 7 (See reverse side under Objections) A�ount Reeitted MAKE CHECK PAYABLE AND REMIT PAYMENT T0: REGISTER OF WILLS 1 COURTHOUSE SQUARE CARLISLE PA 17013 CUT ALON6 THIS LINE � RETAIN LOWER PORTION FOR YOUR RECORDS � ---------------------------------------------------------------- REV-1547 EX AFP CO2-13) NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE Of DEDUCTIONS I1ND ASSESSMENT OF TAX ESTATE �F: BUCHIGNANI JOSEPH FFILE N0. :21 12-0951 ACN: 101 DATE: 07-01-2013 TAX RETURN WAS: C X) ACCEPTED AS FILED C ) CHANGED APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Rasl Estate CSchedule A) . C1) .0 0 NOTE: To ensura proper 2. Stocks and Bonds CSchodule B) C2� 3,228.4 0 credit to your account, 3. Closoly He1d Stock/Partnership Interest CSchedule C) (3) .0 0 submit tho uppar portio of this fors xith your 4. Mortga�es/Notas Receivable CSchedule D) �y� .0 0 tax payment. 5. Cash/Bank Deposits/Misc. PQrsonal Property CSchedula E) C5) 78 j•22 6. Jointly Ownad P,roperty CSchedule F) C6� .0 0 7. Transfers CSchedule 6) ��� .0 0 8. Total Assets cs) 4.009.6 APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expansos/Ads. Costs/Misc. Expenses CSchedule H) �y�_ 1 1.51_�.5 0 10. Debts/Mo�t�age Liabilities/Liens CSchedule I) �lp� 10,4 35.6 6 11. Total Daductions �il� 21,949.16 12. Net Valu• of Tax Return C12� 17,939.54- 13. Chsritabla/6ovarnmental Baquests; Non-elected 9113 Trusts CSchedulQ J) C13� .0 0 14. Net Valua of Estate Sub�oct to Tax C14� 17�939.54- N�TE: If an assess�ent was issued previously, Lines 14, 15, 16, 17, 18 and/or 19 wiil reflect fi�ures that include the total of all returns assessed to date. ASSESSMENT OF TAX: 15. Awount of Line 14 at spousal rate C15) .0 0 X 0 0 = .0 0 16. Awount of Line 14 taxable at lineal rate C16) ��1 x 0 4 5 � .0 0 17. Amount of Line 14 at sibling rate C17] ' 0 0 X ],2 = 0 0 18. Amaunt of Line 14 taxable at collateral rate C18) .0 0 X 1 5 a .00 14. Principal TaX Due C19�a .0 0 TAX CREDITS: PAYMENT RECEIPT DISCOUNT C+) DATE NUMBER INTEREST/PEN PAID C-) AMDUNT PAID TOTAL TAX PAYMENT .00 BALANCE OF TAX DUE .00 INTEREST AND PEN. .00 TOTAL DUE .00 � * IF PAID AFTER DATE INDICATED, SEE REVERSE IF TOTAL DUE IS REFLECTED AS A CREDIT CCR), YOU MAY BE DUE FOR CALCULATION OF ADDITIONAL INTEREST. A REFUND. SEE REVERSE SIDE FOR INSTRUCTIONS.