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Home My WebLink About04-20-07 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYL VANIA ORPHANS' COURT DIVISION MICHELLE ANGELA FOGLE, Petitioner Estate No. 21-05-0488;,=:2 vs. f") o MARK ANDREAS FOGLE, CO- ADMINISTRATOR, and TERRY WILLIAM FOGLE, CO-ADMINISTRA- : TOR, and EDWARD LEE FOGLE, CO- ADMINISTRATOR, ESTATE OF MAGDA FOGLE, DECEASED, Respondents ;"'''',) --i r'-~) C) No.: OBJECTIONS TO ACCOUNT AND PROPOSED SCHEDULE OF DISTRIBUTION IN ACCORDANCE WITH 20 Pa. O.C. RULE 6.10 AND CUMBERLAND COUNTY O.C. RULE 6.10-1 ET SEQ. OBJECTIONS OF MICHELLE ANGELA FOGLE TO THE HONORABLE J. WESLEY OLER, JR., AUDITING JUDGE: AND NOW, this 16th day of April, 2007, Michelle Angela Fogle, daughter and beneficiary of Magda Fogle, Deceased, objects to the Account filed by Mark Andreas Fogle, Terry William Fogle, and Edward Lee Fogle, Co-Administrators of the Estate of Magda Fogle and Co-Accountants of the First and Final Account of the Estate of Magda Fogle, Deceased, filed with the Clerk of the Orphans' Court Division of Cumberland County, Pennsylvania, on March 23,2007, for the following reasons: ~ 1. Throughout the administration of the Estate of Magda Fogle, the Co-Accountants have repeatedly failed to dispatch their administrative duties, including but not limited to the following: a. Failure to provide Notice of Beneficial Interest to any estate beneficiaries within three (3) months of the grant of letters, in accordance with Orphans' Court Rule 5.6; b. Continued failure, after receipt of a Cumberland County Register of Wills reminder letter filed August 16, 2005, to provide Notice of Beneficial Interest to Michelle Angela Fogle at any time, in violation of Orphans' Court Rule 5.6; c. Failure to advertise the grant of letters in the Estate of Magda Fogle as required by 20 Pa. C.S.A. 9 3162; d. Failure to file an Inventory and Appraisement with the Cumberland County Register of Wills in accordance with 20 Pa. C.S.A. 3301; e. Failure to file the P A 1500 Inheritance Tax Return on behalf of the Estate of Magda Fogle on or before February 8, 2006, the nine month anniversary of the decedent's date of death, as required by 72 Pa. C.S. 9 9136 (d) and likewise, failure to seek an extension of the filing deadline for good cause from the P A Department of Revenue; f. Repeated failures to file responsive pleadings to Michelle Fogle's Petition for Citation to Show Cause Why an Account Should Not Be Filed, the subsequent Petition for Order to File an Account, and this Honorable Court's Orders in both matters; and Page 2 of6 g. Requirement of a hearing to adjudicate Michelle Fogle's Motion for Contempt and Sanctions for the Willful Disobeyance of a Court Order by the Co-Administrators. 2. The Co-Accountants have compensated themselves a total of Nine Thousand ($9,000.00) Dollars for their services as Co-Administrators of the Estate of Magda Fogle, which sum, in view ofthe above history, Ms. Fogle feels is excessive. 3. The Co-Accountants have paid themselves, with a combination of checks (Nos. 032, 036, 037, and 038) and money orders, a total of $30,803.89 for repairs and labor in preparing the sale of decedent's home. 4. Michelle Fogle participated with the Co-Accountants in "family clean-up" efforts at the home, which included emptying the house of furnishings and personal effects, removal of an attached deck, painting, power washing, lawn mowing, and disposing of debris in a truck for hauling, yet she received no payment for her participation in same. 5. The Co-Accountants have allocated to Michelle Fogle, as an alleged distribution, the sum of $13,700.00 in cash from a lockbox, however Ms. Fogle neither had knowledge of a lockbox nor has she received any cash from such a source and further, always knew the decedent to prefer using the services of a bank for keeping money. 6. Ms. Fogle, who lived with decedent at the time of her death, was unaware that the decedent, her mother, even owned a lock box, and questions how the Co-Accountants ascertained an amount of cash to be contained in same and allocated to her exclusively. 7. The alleged lockbox is listed on the PA 1500 Inheritance Tax Return by Co-Accountants as being contained in a desk. No desk is listed as an asset of decedent. Page 3 of6 8. With the exception of a piano, given to Ms. Fogle by the decedent prior to her death, the miscellaneous furnishings listed on Schedule E of the P A 1500 and attributed to Michelle Fogle as a part of her distribution from the estate were not received by Michelle Fogle. 9. The Co-Accountants received furnishings and miscellaneous personal property from the residence of decedent, confirmed by a list drafted by Mark Fogle at the time the family made selections of personal property, yet no additional furniture is noted on the P A 1500 and no allocations are made to the Co-Accountants in the Schedule of Distribution. 10. Michelle Fogle did not pay rent to the decedent during the period of time she lived with her mother prior to her death, nor was any rent ever discussed or requested. 11. Co-Accountants, Terry Fogle and Edward Fogle, also lived with the decedent for protracted periods oftime in recent years, and no rent was ever paid to decedent by either individual. 12. Michelle Fogle did not reside in the decedent's home during the two month period from mid-July 2005 through mid-September 2005 insofar as she was living alternately in Highspire, Pennsylvania and in Philadelphia, Pennsylvania. 13. Michelle Fogle is the legally adopted daughter of Magda Fogle, the decedent, and by the terms of the decedent's Last Will and Testament, is entitled to an equal share of the decedent's residuary estate. 14. Michelle Fogle, believes and therefore avers, that the Co-Administrators have persistently failed to include her in the administration and distribution ofthe Estate of Magda Fogle, beginning with the failure to observe Orphans' Court notice formalities and concluding with the disproportionate allocation of alleged distributions to Ms. Fogle, resulting in her receipt of a significantly reduced cash distribution from the estate. Page 4 of6 15. Michelle Angela Fogle acknowledges receipt of $10,710.00 in checks (Nos. 003, 011, 031, and 035) from the Co-Accountants, as well as receipt of a 1989 Lincoln Continental valued at $1,400.00. 16. The Objector, Michelle Angela Fogle, requests that this Court: a. Surcharge the Co-Accountants in an amount that this Honorable Court deems just and proper for the arguably excessive Co-Administrator's fees taken by them as compensation for the administration of the Estate of Magda Fogle, deceased. b. Surcharge the Co-Accountants III the amount of Twenty Thousand ($20,000.00) Dollars which sum represents the alleged value of cash allocated to but never received by Michelle Fogle from an alleged lockbox ($13,700), the value of personal furniture never received by Michelle Fogle ($4,500.00), and the value of two months rent ($1,800.00) for the period of time from mid-July 2005 until mid-September 2005 when Ms. Fogle lived in other cities. c. Award to Michelle Angela Fogle an amount deemed just and proper by this Honorable Court for her participation in the preparation of the decedent's residence for sale. d. Award to Michelle Angela Fogle the full amount of her claims of $20,000.00 as increased by the surcharges determined by this Court to be just and proper in the matters set forth hereinabove at paragraphs (a) and (c), with interest from February 8, 2006, the nine-month anniversary date Page 5 of6 of the decedent's death and the time from which Ms. Fogle has been seeking an accounting from the Co-Accountants herein. e. Award to Michelle Angela Fogle the amount of $2,500.00, which sum represents the attorney fees incurred by Ms. Fogle in the effort to hold the Co-Administrators accountable for their actions or lack thereof during the administration of the Estate of Magda Fogle. Respectfully submitted, Date: April 16, 2007 By: Shelly J. Kunkel, Esquire Supreme Court ill No. 64485 3464 Trindle Road Camp Hill, PAl 7011-4436 (717) 763-7613 Craig A. Diehl, Esquire, CPA Supreme Court ill No. 52801 3464 Trindle Road Camp Hill, PA 17011-4436 (717)763-7613 Page 6 of6 Page 1 of 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ORPHANS' COURT DIVISION MICHELLE ANGELA FOGLE, : Objector : Estate No. 21-05-0488 vs. MARK ANDREAS FOGLE, CO- ADMINISTRATOR, and TERRY : WILLIAM FOGLE, CO-ADMINISTRA- : TOR, and EDWARD LEE FOGLE, CO- : ADMINISTRATOR, : No.: ESTATE OF MAGDA FOGLE, DECEASED, Accountants VERIFICATION I, MICHELLE ANGELA FOGLE, VERIFY that the statements set forth in the foregoing OBJECTIONS TO THE ACCOUNT AND PROPOSED DISTRIBUTION OF THE ESTATE OF MAGDA FOGLE are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. S4904 relating to unsworn falsification to authorities. q("t'1 ~ Dated: ~.. % .. L Michelle Angela Fogle http://mail.google.com/maiV?attid=0.1.0.1 &disp=vah&view=att&th=111 f15e4ea16a51 a 4/16/2007