The URL can be used to link to this page

Home My WebLink About07-21-14 40 DECEDENT'S ESTATE !' C_ rn C-: TTY r-- « i; COURT OF COMMON PLEAS OF 1`-= N n r3-' CUMBERLAND COUNTY, PENNSYLVANIA O ORPHANS' COURT DIVISION c)(Z--" x a —_ D H }' ~�Y) v ESTATE OF Jonathan Dean Faircloth DECEASED No. 21-13-0130 PETITION FOR ADJUDICATION I 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 6-19 inclusive; and any instrument pertinent to the adjudication. INCLUDE ATTACHMENTS.AT THE BACK OF THIS FORM. Name of Counsel: Bruce J.Warshawsky Supreme Court 1.D. No.: 58799 Name of Law Firm: Cunningham & Chernicoff, P.C. Address: 2320 North Second Street Harrisburg, PA Telephone: 717/238-6570 Fax: E-mail: bjw @cclawpc.com Form OC-01 Re,1013-2006 Copyright(c)2006 farm software only The Lackner Group,Inc. Page 1 Of 10 V/ PETITION FOR ADJUDICATION Estate of Jonathan Dean Faircloth Deceased 1. Name(s)and address(es) of Petitioner(s): Name: Alicia D. Faircloth Address: 716-B Carpenter Park Patuxent River, MD 20670 Identify any executors or administrators who have not joined in the Petition for Adjudication and Statement of Proposed Distribution and Account and state reason: NONE 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 03/29/2011 ❑ Letters Testamentary or ® Letters of Administration were granted to Petitioner(s) on 03/06/2013 Date of Will (if applicable): Date(s) of Codicil(s) (if applicable): Date of probate (if different from date Letters granted): Was a bond required? ® Yes ❑ No If yes, state amount: 5,000 Are proofs of advertising of the grant of Letters attached? .......................................... ® Yes ❑ No Dates of advertising of the grant of Letters: 03/22/2013 03/29/2013 04/05/2013 03/2212013 03/2912013 04/05/2013 Form OC-Of Rev.10-13-2006 Copyright(c)2006 form software only The Lackner Group,Inc. Page 2 of 10 r THE CENTRAL PENN BUSINESS JOURNAL Proof of Publication Under the Pennsylvania Newspaper Advertising Act 45 Pa.C.S. §101, et seq. Commonwealth of Pennsylvania} ssl County of Dauphin } Jerome Zary,being duly sworn according to law,deposes and says: That he is the Controler of and duly authorized agent for JOURNAL MULTIMEDIA CORPORATION,a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 1500 Paxton Street, in the city of Harrisburg,County of Dauphin, State of Pennsylvania;that the THE CENTRAL PENN BUSINESS JOURNAL,a newspaper of general circulation distributed and circulated in Dauphin,Cumberland, Lancaster, Lebanon and York counties, is published by the said JOURNAL MULTIMEDIA CORPORATION at 1500 Paxton Street,in the City,County and State aforesaid;and that THE CENTRAL PENN BUSINESS JOURNAL was established September 9th, 1984 and has been continually published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in the week] � editions/issues of the CENTRAL PENN BUSINESS JOURNAL which appeared on the 22nd and 29'"day(s)of March and the 5 day(s)of April 2013. That neither he nor said Corporation is interested in the subject matter of said printed notice or advertising,and that all of the allegations of this statement as to the time, place and character of publication are true;and This is a statement published by JOURNAL MULTIMEDIA CORPORATION: PUBLICATION COPY — -- -- " Jerome Za NOTICE IS HEREBY GIVEN that Letters of Administration have been granted in the following Estate. All persons indebted of the said Estate are required to make pay- Sworn to and subscribed before me this day of 2012 A.D. to and ihase having claims or demands to present the same without delay to the Administratrx or attorney named below. ESTATE OF Jonathan D. Faircloth, late of JAR&" Mechanicsburg.Cumberland County,Penn- NOTARY PI BLIC syNania (died March 29, 2011).Adminis- Vatdx–Alicia D.Faircloth.Attorney–Bruce J. Warshawsky, Esquire, Cunningham g COMMONWEAL F PENNSYLVANIA Chernicoff,P.C.,2320 North Second Street, NOTARIAL SEAL Harrisburg,PA 17110 DONNA SCHANKWEILER,Notary Public -- -- - City of Harrisburg,Dauphin Coumy My Commission Expires October03,2016 Publisher's Receipt for Advertising Cost JOURNAL MULTIMEDIA CORPORATION,publisher of the CENTRAL PENN BUSINESS JOURNAL,newspaper of general circulation, distributed and circulated in Dauphin,Cumberland, Lancaster,Lebanon and York counties,hereby acknowledges receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. THE CENTRAL PENN BUSINESS JOURNAL Re:ESTATE OF Jonathan D.Faircloth By...C� . . CUNNINGHAM&CHERNICOFF,P.C. 2320,North Second Street Harrisburg,PA 17110 Attention:Brace J.Warshawsky,Esquire 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 official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly 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 the said Cumberland Law Journal on the following dates, viz: March 22, March 29, and April 5, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, 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. isa arie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 5 day of April, 2013 .4 .,2 d- &��W�11 Notary Faircloth,Jonathan D.,dec'd. Late of Mechanicsburg. Adrninistratrix:Alicia D.Faircloth. Attorneys: Bruce J. Warshawsky, NOTARIAL SEAL Esquire, Cunningham & Cher- DE80RAH A COLLINS nicoff, P.C., 2320 North second Notary Public Street,Harrisburg,PA 17110. CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 Ay , PETITION FOR ADJUDICATION Estate of Jonathan Dean Faircloth Deceased 3. Was decedent survived by a spouse?....................................................................... ® Yes ❑ No If yes, name of the surviving spouse: Alicia D. Faircloth 4. Has the surviving spouse filed to take an elective share?......................................... ❑ Yes ® No (See Section 2201 et sue. of the Probate, Estates and Fiduciaries Code) If yes, date of election: 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): NONE 6. Did the decedent marry after execution of Will or Codicil(s)?.............................................. ❑ Yes ® No Were any children born to decedent after execution of Willor 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,10-13-2006 Copyright(c)2006 farm software only The Lackner Group,Inc. Page 3 of 10 PETITION FOR ADJUDICATION Estate of Jonathan Dean Faircloth , 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 of Each Party in Interest Relationship and Comments,if any Interest Alicia D Faircloth Spouse 21800 North Shangri' La Drive Unit 3 Lexington Park, MD 20653 Form OC-01 Rev.10-13-2006 Copyright(c)2006 form software only The Lackner Group,Inc. Page 4 of 10 PETITION FOR ADJUDICATION Estate of Jonathan Dean Faircloth Deceased Name and Address of Each Party in Interest Relationship and Comments,if any Interest 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. none C. State why a Petition for GuardianlTrustee Ad Litem has or has not been filed for this Audit(see PA. O.C. Rule 12.4). 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. Fomr OC-01 Rev 10-13-2006 Copyright(c)2006 form software only The Lackner Group,Inc. Page 5 of 10 PETITION FOR ADJUDICATION Estate of Jonathan Dean Faircloth 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 ead ACtlress of Each Claimant Amount of Claim CCldlm Wyyill Clam Admitted? BePaidm ull? Above Attachment Total 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 Wasfamily exemption allowed?.......................................................................................... ❑ Yes ® No Family exemption claimant's name and relationship: Name: Relationship: Farm OC-01 Rev.10-13-2006 Copyright(c)2006 form software only The Lackner Group,Inc. Page 6 of 10 PETITION FOR ADJUDICATION Estate of Jonathan Dean Faircloth 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 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: Release from Bond---Petitioner seeks release per the attached Petition 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. Farm OC-01 Rev 10-13-2006 Copyright(c)2006 form software only The Lackner Group,Inc. Page 7 of 10 Printed with pdfFactory Pro trial version - purchase at www.pdffactory.com PETITION FOR ADJUDICATION Estate of Jonathan Dean Faircloth Deceased 16. Had the decedent been adjudicated an incapacitated person?........................................... ❑ Yes ® No If yes, attach a copy of the Order if available; otherwise state 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. Date Description Amount 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. 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 ® No 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 Asto real estate only?......................................................................................................... ❑ Yes ❑ No Form OC-01 Rev.10-13-2006 Copyright(c)2006 form software only The Lackner Group,Inc. Page 8 of 10 PETITION FOR ADJUDICATION Estate of Jonathan Dean Faircloth 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: Pmpased ostnbutee(s) Amount Pmodlon Alicia D Faircloth B. Principal: Proposed Olsutbutee(s) Amount Proportion Alicia D Faircloth Submitted By: (All petitioners must sign. Add additional lines 7Lcesalry' : Name of Petitioner: Alicia D. Faircloth Name of Petitioner: Name of Petitioner: Form OC-01 Rev 10-13-2006 Copyright(c)2003 form somvare only The Lackner Group,Inc. Page 9 of 10 PETITION FOR ADJUDICATION Estate of Jonathan Dean Faircloth Deceased Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies [that hasha _is rdfe of the above-named name orce co efion and)that the facts set forth in the foregoing Petition for Adjudication I 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). J"�"o Signature of Petitioner Alicia D. Faircloth Signature of Petitioner 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 b en a eyo he responses herein. S ur of Counsel for Petitioner nice J.Warshawsky Farm OC-01 Re,10.112006 Oopyrighl(c)2006 farm software only The Lackner Group,Inc. Page 10 of 10 In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-13-0130 Estate of Jonathan Dean Faircloth Deceased Verification Alicia D. Faircloth under the Last Will and Testament of Jonathan Dean Faircloth, Deceased, hereby declares under oath that he/she has fully and faithfully discharged the duties of his/her office;that the foregoing 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/her knowledge, there are no claims now 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 foregoing Account. This statement is made subject to penalties of 18 Pa. C.S.A.Section 4904 relating to unsworn falsification to authorities. Dated: � ' 01 � 14 Alicia D. Faircloth - 8 - In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-13-0130_ Estate of Jonathan Dean Faircloth, Deceased CP c u PQ First and Final Account -° �d Alicia D. Faircloth Date of Death: 0312912011 Date of incapacity, if any: None Date of Appointment: 03/06/2013 Date of First Complete Advertisement: 04105/2013 Accounting for the period: 0310612013 to 04/07/2014 Purpose of Account: Alicia D. Faircloth, 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 or questions or objections can be discussed with: Bruce J.Warshawsky Cunningham & Chernicoff, P.C. 2320 North Second Street Harrisburg, PA 7171236-6570 Supreme Court I.D. No.58799 SUMMARY OF ACCOUNT Estate of Jonathan Dean Faircloth, Deceased For the period of March 6 2013 through April 7 2014 PAGES PRINCIPAL Receipts: This Account 3 Net Gain (or Loss)on Sales 0.00 or Other Dispositions 0,00 Less Disbursements: 0.00 Debts of Decedent 0.00 Funeral Expenses 0.00 Administration Expenses 3 648.50 Federal, State& Local Taxes 0.00 Commissions 0.00 Fees 3 1,200.00 Family Exemption 0.00 1,848.50 Balance Before Distributions -1,848.50 Transfer to (from) Principal 0.00 Distributions to Beneficiaries 0.00 Principal Balance on Hand 4 -1,848.50 For Information: Investments Made Changes in Holdings 5 INCOME Receipts This Account 0.00 Net Gain (or Loss)on Sales 0.00 or Other Dispositions 0.00 Less Disbursements 0.00 Balance Before Distributions 0.00 Transfer to (from) Income 0.00 Distributions to Beneficiaries 0.00 Income Balance on Hand 0.00 For Information: Investments Made Changes in Holdings COMBINED BALANCE ON HAND 6 -1,848.50 Signature 7 Verification 6 - 2 - SCHEDULE A RECEIPTS OF PRINCIPAL Assets Listed in Inventory Fiduciary (Valued as of Date of Death) Acquisition Value Cash Estate opened for litigation purposes only---litigation in California---no proceeds paid to Estate Total Cash Total Receipts Total Receipts of Principal - 3 - SCHEDULE C DISBURSEMENTS OF PRINCIPAL Administration Expenses Legal Advertising 03/29/2011 225.00 225.00 Probate fees 2/1113 03129/2011 93.50 93.50 Probate fees 316/13 03129/2011 15.00 15.00 Probate fees anticipated for Accounting 03129/2011 215.00 215.00 Surety Bond 03/29/2011 100.00 100.00 Total Miscellaneous Administrative Expenses 648.50 Fees Cunningham and Cherni off 03/29/2011 1,200.00 1,200.00 - 3 - SCHEDULE F CHANGES IN PRINCIPAL HOLDINGS #Units Estate opened for litigation ggrgoses only litigation in California— no proceeds paid to Estate 03129/2011 Inventoried Ending balance as of 4/7/2014 - 5 - COMBINED BALANCE ON HAND Current Value Fiduciary 04/07/2014 Acquisition #Units Description or as Noted Value Cash [BankOut Name] -1,848.50 -1,848.50 Total Cash -1,848.50 -1,848.50 -1,848.50 -1,848.50 - s - In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division Fite No. 21-13-0130 Estate of Jonathan Dean Faircloth Deceased Verification Alicia D. Faircloth under the Last Will and Testament of Jonathan Dean Faircloth, Deceased, hereby declares under oath that he/she has fully and faithfully discharged the duties of his/her 1 office;that the foregoing 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/her knowledge,there are no claims now 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 foregoing Account. This statement Is made subject to penalties of 18 Pa.C.S.A.Section 4904 relating to unsworn falsification to authorities. Dated: Alicia D.Faircloth In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division File No. 21-13-0130 Estate of Jonathan Dean Faircloth Deceased Signature Alicia D. Faircloth - 7 -