Loading...
HomeMy WebLinkAbout05-16-14 ���i,���. � � N DECEDENT'S ESTATE � � :� � � ° s:'' c-� w � � r.',, � �T�t �.? �-, -c �:; ;;;a �'� �. t-- �, .. ,; r.:v� T. '`� t..r+ CJ7 � r C::7 COURT OF COMMON PLEAS OF , . , �, CUMBERLAND COUNTY, PENNSYLVANIA ``' �'' c� -° ``� -"'� ORPHANS' COURT DIVISION o � �' � � c7 "D -t r- o �, � u� cn � ESTATE OF JESSE EDWIN CRONE, DECEASED No. 2013-0022 PETITION FOR ADJUDICATION/ STATEMENT OF PROPOSED DISTRIBUTION Name of Counsel: Shaun E. O'Toole Supreme Court I.D. No.: 44797 Name of Law Firm: Law Office of Shaun E. O'Toole Address: 220 Pine Street Harrisbur ,�nnsvlvania 17101 Telephone: (717� 695-0389 Fax: (717) 213-0272 Estate of Jesse Edwin Crone , Deceased 1. Name(s) and address(es) of Petitioner(s): Name: Daniel J. Walchak Address: 21 Stone Spring Lane Camp Hill, Pennsvlvania 17011 Identify any executors or administrators who have not joined in the Petition for Adjudication and Statement of Proposed Distribution and state reason: None Is this the first accounting by this fiduciary? . . . . . . . . . . . . . . . . . . X Yes No If not, identify prior accountings, the accounting periods covered, and the date of adjudication of the prior accounting. 2. Decedent died on December 31, 2013 X Letters Testamentary or_Letters of Administration were granted to Petitioner(s) on January 8, 2013 Date of Will (if applicable): July 19, 2011 Date(s) of Codicil(s) (if applicable): N/A Date of probate (if different from date Letters granted): N/A Was a bond required? Yes X No If yes, state amount: Are proofs of advertising of the grant of Letters attached? . . . . . . . . . x Yes No Dates of advertising of the grant of Letters: The Sentinel: 11/14/2013• 11/21/2013• and 11/28/2013 The/Cumberland Countv Law Journal: 11/22/2013; 1 ll29/2013; and 12/06/2013 3. Was decedent survived by a spouse? . . . . . . . . . . . . . . . . . . . . . . . . . . Yes X No If yes, name of the surviving spouse: 4. Has the surviving spouse filed to take an elective share? . . . . . . . . . . . Yes 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 (if none, so state): 2 Estate of Jesse Edwin Crone , Deceased N/A. 6. Did decedent marry after execution of Will or Codicil(s)? ............... Yes X No Were any children born to decedent after execution of Will or Codicil(s)?................................................................ ............. Yes X No If yes, give names and dates of birth: Name: 1?ate 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 X No Decedent never received Medical Assistance benefit and no request made. 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 cleaxance 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 3 Estate of Jesse Edwin Crone _, Deceased 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): Relationship Name and Address of Each Partv Herein and Comments,if anv Interest Dierdre Crone Farrell Daughter 1/2 1349 Quail Hollow Road Harrisburg,Pennsylvania 17112 Darryl Evan Crone Son 1/2. 3 W. Richmond Ave.,#12 Point Richmond, California 94801. B. Identify each party who is not sui juris (e.g., minors or incapacitated persons). For each such party, 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. N/A 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 party, state date of death, date and place of grant of Letters and type of Letters granted. N/A 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. All claims, debts of Decedent, and administrative expenses have been paid in full. 11. Was family exemption claimed? ............................................ Yes X No Was family exemption allowed? ........................................... Yes No Family exemption claimant's name and relationship: Name: Relationship: 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: 4 Estate of Jesse Edwin Crone , Deceased Date Payment Interest 09/27/13 $36,684.87 Residue 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 X 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. N/A 14. A. Describe in detail any questions requiring adjudication and state the position of the Petitioner(s) as to each question: No questions requiring adjudication. 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. No share has been assigned, renounced, disclaimed or attached. 16. Had the decedent been adjudicated an incapacitated person? .......... Yes X No 17. A. List or attach a separate list of additional receipts and disbursements since the closing date of the Account. None 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. Amount: None 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 No 5 Estate of Jesse Edwin Crone , Deceased If so, attach a copy of the notice. 19. Is the Court being asked to direct the filing of a Schedule of Distribution?.......................... Yes X No As to real estate only?........................................................... ............. Yes X No Statement of Proposed Distribution is attached. 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: Proposed Distributee(s) Amount/Proportion Dierdre Crone Farrell, Daughter l�z Darryl Evan Crone, Son '�2• Submitted By: � �� Daniel J. Walc Executor, Estate of Jesse Edwin Crone 6 Estate of Jesse Edwin Crone , Deceased Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies that the facts set forth in the foregoing Petition for Adjudication / Statement of Proposed Distribution which are within the personal knowledge of the Petitioner are true, and as to facts based on the information of others,the Petitioner, after diligent inquiry, believes them to be true; and that any false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 (relating to unsworn falsification to authorities). � � Signature of P tioner 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. `� � �� ignature of Counsel for Petitioner 7 � ��i ��� �� I N � � �°� �-►� C p C`Z7 G"� IN THE COURT OF COMMON PLEAS OF w " � ��� ° t'r1 "� C,3 —�c e�.] C) CUMBERLAND COUNTY,PENNSYLVANIA � � r-- �. i;� rn ORPHANS' COURT DIVISION ��� -/`^ `'�' Q' '"' `' .,.�. �-- _.. ,.t. {✓J �. .� i'.) �� FILE NO. 2013-00022 ` � '` c:� ,;7 �, "Z7 ``? � CJ `:> '"ry � _.. � � ..::�: C"> . � rv r`_-_ m ..� -+ r v, o FIRST AND FINAL ACCOUNT OF � � DANIEL J. WALCHAK, EXECUTOR OF THE ESTATE OF JESSE EDW1N CRONE LATE OF CUMBERLAND COUNTY, PENNSYLVANIA Date of Death: 12/31/12 Letters Granted: O1/08/13 Accounting Period: 12/31/12 - OS/16/14 Letters Advertised as follows: Cumberland Law Journal 11/22/13, 11/29/13, & 12/06/13 The Sentinel 11/14/13, 11/21/13, & 11/28/13 Purpose of Account: The Executor offers this Account to acquaint interested parties with the transactions that have occurred during the Administration. It is important that the Account be carefully examined. Requests for additional information, questions or objections can be discussed with: Shaun E. O'Toole, Esq. 220 Pine Street Harrisburg, Pennsylvania 17101 (717) 695-0389 Sup. Ct. ID#44797 Exhibit "A" ;1 SUMMARY OF ACCOUNT PRINCIPAL Principal on Inventory $771,090.83 Receipts Subsequent to Inventor $ 582.26 Sale/Exchange of Assets $ (50,599.53) $721,073.56 Less Distributions of Principal: Funeral Expenses $ 6,340.72 Administration Expenses $ 89,592.74 Debts of Decedent $ 45,091.23 $141,024.69 Balance of Principal $580,048.87 INCOME Receipts of Income $ 1,658.57 Balance on Hand $581,707.44 Receipts of Principai Cash Loose change found at residence $ 3.33 Persona) Propertv Contents of residence.Value based on gross sale $ 34,695.50 price at auction of the contents of the residence Real Estate Residence $ 614,400.00 23 Westwind Drive, Lemoyne, Pennsylvania Unimproved Acreage $ 121,992.00 26 acres; Lower Frederick Twp., Montgomery County, PA (Value determined by applying common level ration to the assessed value) Total Receipts of Principal $ 771,090.83 Receipts Subsequent to InventorV 3/22/2013 Refund from house security system $ 252.00 8/7/2013 Refund of costs from closing on residence $ 7.46 8/7/2013 Refund from BB&T Bank-overpayment of mortgage (closing) $ 26.64 3/7/2014 Refund from EMS(ambulance) $ 296.16 Total Receipts of Principal $ 582.26 Sale or Exchan�e of Assets 6/30/2013 Contents of Residence Sale Price $ 34,695.50 Fidicuiary Acquisition Value $ (34,695.50) Commission, labor, advertising, and expenses $ (10,273.87) $ (10,273.87) 7/8/2013 23 Westwind Drive, Lemoyne, Pennsylvania Sale Price $ 614,400.00 Fidicuiary Acquisition Value $ (614,400.00) Realtor Commission & net settlement fees $ (40,325.66) $ (40,325.66) Loss on Sale/Exchange of Assets $ (50,599.53) DISTRIBUTION OF PRINCIPAL Funeral Expenses 1/5/2013 EI Rodeo Restaurant- memorial* $ 199•78 1/7/2013 Mt. Hill Tavern- post-funeral reception* $ 1,165.00 1/7/2013 Musselman Funeral Home-church fee, pastor, organist* $ 750.00 3/5/2013 Mainly Urns- pewter urn* $ 99.50 7/11/2013 Musselman Funeral Home &Cremation Services, Inc. $ 3,348.35 7/11/2013 Daryl Evan Crone-funeral travel expenses $ 778•09 $ 6,340.72 Administration Fees 1/22/2013 Bank fee- Purchase checks $ 24.75 3/19/2013 Hornung's Hardware-Carpet claning rental* $ 82.33 3/23/2013 Adam Krazert- lawn care & maintenance $ 198.00 3/23/2013 Dillon Swisher-lawn care & maintenance $ 54.00 3/23/2013 Brian Shank Masonry- repair pier at end of driveway* $ 1,955.00 3/26/2013 Liberty Mutual Insurance- Homeowner's policy* $ 95.55 4/1/2013 BB&T- mortgage (Feb)* $ 2,758.90 4/1/2013 BB&T- mortgage (Mar)* $ 2,758.90 4/1/2013 BB&T-mortgage (Apr)* $ 2,627.52 4/3/2013 Lemoyne True Value Hardware- rodent traps* $ 11.64 4/23/2013 Liberty Mutual Insurance- Homeowner's policy* $ 99.55 4/26/2013 PPL-electric* $ 229.24 4/26/2013 PA American Water* $ 73.69 5/6/2013 Baers Custom Maintenance-lawnn care & maintenance* $ 1,166.50 6/5/2013 Liberty Mutual Insurance- Homeowner's policy* $ 99•54 6/10/2013 Baers Custom Maintenance- lawn care & maintenance* $ 300.00 6/10/2013 UGI Utilities* $ 828•09 7/3/2013 Baers Custom Maintenance-lawn care & maintenance* $ 240.00 7/11/2013 Bank of America -credit card $ 86•79 7/11/2013 Josh Embree, 2013 school, county,Twp property taxes (Mont. County) $ 2,676.95 7/11/2013 Gunther Blob-2012 tax preparation $ 620.00 7/11/2013 Bob's Snow Removal (12/31) $ 90.00 7/11/2013 Dan Walchak- reimburse for probate fee $ 603.50 7/11/2013 Dan Walchak-reimburse for postage &supplies $ 97.60 7/13/2013 Dot Billow-cleaning(12/12) $ 100.00 7/15/2013 PA American Water Co.-water $ 55.40 7/15/2013 PPL-electric $ 157.57 7/15/2013 Reimburse Dee Ferrell for estate expense $ 66.35 7/20/2013 UGI $ 84'97 7/27/2013 Maggie Taylor-dry wall repair and painting $ 186.30 9/13/2013 Register of Wills,Agent- PA Inheritance Tax $ 36,684.87 10/17/2013 Register of Wills-additional probate fee $ 50.00 12/17/2013 Dan Walchak mileage-(461 mi.@ .55) and tolls $ 269.25 2/25/2014 Orrstown Bank-safe deposit box back rent $ 90.00 2/25/2014 Orrstown Bank-drilling safe deposit box $ 115.00 3/8/2014 Wolford Real Estate Services-appraisal, marketing, propert planning $ 3,000.00 3/10/2014 Josh Embree- property taxes (Mont. County) S 3�9•99 5/12/2014 PNC- bank charge to close account $ 10.00 Thru 5/16/14 Shaun E. O'Toole-legal fees $ 15,000.00 Thru 5/16/14 Dan Walchak-executor commission $ 15,000.00 5/16/2014 Register of Wills-filing fee for Accounting $ 565.00 Tota)Administration Fees $ 89,592.74 * Denotes expenses initially paid by Dee Farrell and reimbursed by estate Debts of Decedent 7/8/2013 Orrstown Bank-credit line $ 26,311.99 7/8/2013 BB&T- mortgage on residence $ 10,870.37 4/1/2013 U.S.Treassury-2012 income taxes $ 7,829.20 7/8/2013 Verizon -final telephone bill $ 79.67 $ 45,091.23 RECEIPTS OF INCOME Interest PNC Premium Monev Market Account 8/12/2013 $ 395.27 9/12/2013 $ 422.87 10/10/2013 $ 368.27 11/13/2013 $ 111.73 12/11/2013 $ 57.03 1/13/2014 $ 67.21 2/12/2014 $ 61.12 3/12/2014 $ 56.66 4/10/2014 $ 57.23 5/12/2014 $ 61.18 $ 1,658.57 ASSETS HELD BY ACCOUNTANT OF DATE OF ACCOUNT Real Estate: 26 acres Lower Frederick Twp., Montgomery County, PA $ 121,992.00 Cash: PNC Bank Money Market(#51-1268-9095-interest after acct. closed $ 61.18 IOLTA Account, Law Office of Shaun E. 0'Toole $ 459,654.26 $ 581,707.44 � �} �....� Daniel J. alchak, Executor of the Will of Jesse Edwin Crone VERIFICATION Daniel J. Walchak, Executor of the Will of Jesse Edwin Crone, hereby declares under oath that he has fully and faithfully discharged the duties of his office; that the foregoing First and Final Account is true and correct and fully discloses all significant transactions occurring during the accounting period; that all known claims against the Estate have been paid in full; that, to his knowledge, there are no claims outstanding against the Estate; that all taxes presently due from the Estate have been paid; 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. 4904, relating to unsworn falsification to authorities. Date: �• �Co• '�O�+-� Daniel J. alchak _ IN THE COURT OF COMMON PLEAS OF CUMBERLAN COUNTY,PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: � ESTATE OF JESSE EDWIN CRONE, : No. 2013-0022 Deceased : STATEMENT OF PROPOSED DISTRIBUTION Proposed Beneficiarv Distribution Value Dierdre C. Farrell %2 interest(as joint tenant) in in-kind distribution $ 60,996.00 of 26 acre tract in Lower Frederick Twp., Montgomery County, PA Cash $229,857.72 Darryl E. Crone '/2 interest(as joint tenant) in in-kind distribution $ 60,996.00 of 26 acre tract in Lower Frederick Twp., Montgomery County, PA Cash $229,857.72 TOTAL PROPOSED DISTRIBUTION $581,707.44 N � s � r�n � � r s-� c> �+* �y � '.�3 O u.�.7 W � \y�✓� �u yl'Y �p�+� N �'�r. { I"� �� i�1 r � (''�` Q� :.,:`) '�-"y � � �, ',,.v �:";1 � ,� � ..5� � C"� � � 3 »� C"7 :� �y f V � r'rl 'C7 � -L C�'� '�,1 � � Exhibit "B" �