HomeMy WebLinkAbout10-01-07
IN RE: ESTATE OF HOWARD
L.KAUTZ,DECEASED
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL VANIA
ORPHANS' COURT DIVISION
NO. 21-06-173
PETITION FOR FINAL ORDER
PURSUANT TO AUDITOR'S REPORT
AND NOW, comes Petitioner Stephen D. Tiley, Esquire, Auditor in the above captioned
matter, and files this Petition for Pinal Order pursuant to Auditor's Report, of which the
following is a statement:
1. On April 2, 2007, the Court entered an Order appointing your Petitioner as
Auditor with respect to the objections filed by two of the beneficiaries of the estate, Sonja L.
Brunner, and Jeffrey D. Apgar.
r.....,.,
2. Thereafter, by Order of Court dated May 29, 2007, the Courtoextended ~ time
l:~C: (") 0
within which the Auditor was to file his report to August 31, 2007. . ~ CJ ::j .
~~f-=;-: I
~.~)/:::.:.
3. On August 31, 2007 your Auditor filed his Report and served a e~pi. of tJi same
upon counsel for the estate and the objectants, as evidenced by the CertificateJtervic~ttached-,
:r> U1 .
to the Auditor's Report. Ul
4. CCO.CR. 8.7-2 provides that any objections to the Auditor's Report be filed
within 20 days after receipt of the notice of filing of said Report.
5. More than 20 days has now lapsed from the date of filing of the Auditor's Report,
and from the date of notice thereof to the parties by way of service of a copy of the Auditor's
Report.
I
6. Your Auditor found that the objectants railed to meet their burden of proof, and
therefore recommended that the objections of Sonja L. Brunner and Jeffrey D. Apgar to the
Account and Schedule of Distribution be dismissed.
7. Auditor further recommended that the amended Account be rejected so that each
party would be responsible for their own attorney's fees.
8. Your Auditor also recommended that the Auditor's fees in the amount of
$3,797.50, as shown on Exhibit "A" to the Auditor's Report, be charged to the estate with the
result that they be shared equally by both parties.
9. Your Auditor, therefore, requests that the Court enter an Order confirming the
Account, charging the Auditor's fees to the estate, and then awarding distribution of the net
proceeds, as follows:
Funds available for distribution per Account
Less Auditor's fee to be paid to Stephen D. Tiley, Esquire
Net available for distribution
$119,732.87
$ 3.797.50
$115,935.37
To: Marilyn E. Kautz
Sonja L. Brunner
Jeffrey D. Apgar
$ 57,967.68
$ 28,983.85
$ 28.983.84
WHEREFORE, your Auditor asks Your Honorable Court to (i) enter an Order
dismissing the objections of Sonja L. Brunner and Jeffrey D. Apgar, (ii) confirm the Account
filed on January 31, 2007, by the Executrix, Marilyn E. Kautz, (iii) deny confirmation of the
Amended First and Final Account and proposed Schedule of Distribution filed by the Executrix,
Marilyn E. Kautz, on July 26, 2007, and (iv) amend the Schedule of Distribution as provided in
paragraph 9 of this Petition, and confirm that amended Schedule of Distribution.
Respectfully submitted
67 tI-: /1 ,2.//C)?
~,7Jl
St phen D. Tiley, EsqUIre, AudItor
5 South Hanover Street
Carlisle, PA 17013
Tel. No. (717) 243-5838
Sup. Ct. ID No. 32318
IN RE: IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
ESTATE OF HOWARD L. KAUTZ, COUNTY, PENNSYLVAN
Deceased
ORPHANS' COURT DIVISION
FILE NO. 21-06-0173
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the foregoing
Petition For Final Order, and proposed Decree by placing copy of the same in the
United States mail, postage pre-paid, addressed to :
Suzanne S. Becker, Esquire
Nauman Smith Shissler & Hall, LLP
P.O. Box 840
Harrisburg, PA 17108-0840
Michael L. Bangs, Esquire
Bangs Law Office
429 South 18th Street
Camp Hill, PA 17011
Counsel for Objectants
Counsel for Executrix
Dated: f) d- - '; 02JEJ 1
Ste hen D. Tiley, Esquire
5 South Hanover Street
Carlisle, PA 17013
(717) 243-5838
Supreme Court I.D.#32318