HomeMy WebLinkAbout02-1126PETITION FOR PROBATE and GRANT OF LETTERS
Estate of ~ ~i2°~ - c9 ~ ~~ 2i-~~-ilal.
also known as No.
To:
Register of Wills for the
_ ~ Decea ed. County of CUDIBERLAND
Social Security No. ~ - b=oa in the
Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older an the execut~~ -`' ;/
in the last will of the above decedent, dated i ~i ~.,_, ~ c~sL named
and codicil(s) dated , -u}_
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decendent was domiciled at death in Cu
~_ 1~ t famil or principal residence at 7_S-- ~ CO~tptY, Pe nsYly nia, with
at ~ ' u~i-L l,~
1
(list street, number and muncipality)
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_ _ y ,
Except as follows, decedent
after execution oft will o fe
incompetent:
of age,
tot marry, was not divorced and did not have a child born or adopted
or probate; was not the victim of a killing and was never adjudicated
Decendent at death owned property with estimated values as follows:
(If domiciled in Pa.) All personal property `'
(If not domiciled in Pa.) Personal property in Pennsylvania $ ~ ~ ~ G"-9 V
(If not domiciled in Pa.) Personal property in County $
Value of real estate in Pennsylv. nia .- $ -<,
sit~~ted ~ follows: ~~~ '~- ~ . n ~ cr ~ ~ ~.. -z-- ~ ~ ~~ ~ ~>r
WHEREFORE, petitioner(s) respectfully req est(s) he probate f the last
presented herewith and the grant of letters - nd codicil(s)
theion. (testamentary; administration c.t.a.; administration d.b.n.c.t.a.)
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OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA 1
COUNTY OF CUMBERLAND r S3
The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are
true and correct to the best of the knowledge and belief of petitioner(s) nd that as personal represen-
tative(s) of the above decedent petitioner(s) will well and truly min' ter the es
rdin to law.
Sworn to or affirmed and subscribed
before me this ~ ~ th day of ~
IIECEMBFR ~ ~, ~, t ,~ ~•
~ ~ ) x9~ ~nn2 a
Re 'ter
No. 2.1-Oo1-11 alv
Estate of R. CREE FnT7. AKA R(~RF.RT rR,~~ ~'~J~~'g ,Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW DEf'~MBER 11, 2002 19 , in consideration of the petition on
the reverse side hereof, satisfactory proof having been presented before me,
1T 1S DECREED that the instrument(s) dated ~ - 2 - 2 0 01
described therein be admitted to probate and filed of record as the last will of
R. CREE FOTZ AKA ROBERT CREE FOtiTZ
and Letters TESTAMENTARY
are hereby granted to ROBERT C FO~TZ .TR e
FEES
Probate, Letters, Etc. ......... X 3 7 5. 0 0
Short Certificates( ) .......... $ 15 . 0
l~I~ii~~ .~~ra..pag~.s. $ 3.00
jcp ~ 10.00
TOTAL ~ 403.00
Filed .~ .12-11-2002
ma~Yec~~ ~to ~atty ~ 12-11~-2002
Register of Wills d~~~' V
// / _ i
ATTORNEY (Sup. Ct. LD./No.)
ADDRESS
PHONE
~[ hls is to ct?~tift~ rirat the inforn.larion here given is correctly copied ~(:~n) <~)~ original ccrtiEicatL o~ dcaT c?~ri~ ~ 11.^c ~~)t~) ~r~~ :_>
Local Rtgistrtr. Tile original cc~.r:~uare will be.!o~rwarded ro the JCC)~: 1'trai Records Office tol pe-n~a1.,t ~ `ii (s,.
WARNI~6G: !t is illegal to duplicate this Copy Tay photostat or photograph.
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COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
CERTIFICATE OF DEATH
NAME OF DECEDENT If vn. MWda, ual SEX SOCIAL SECURITY NUMBER DATE OF DEATN,MOM. Day.'Aw)
11/22/2002
5804
03
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181
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REGISTRAR'S SGNATURE AND NU ~ ~ I~~
n. A w- ° DATE FILEDIMWrm. Day. 1
,,. ~ , as ac~oa~
LAST WILL AND TESTAMENT
R CREE FOLTZ
d2 /-0~-` 11,1.(0
I, R. CREE FOLTZ of 2175 Newville Road, Carlisle, Cumberland County,
Pennsylvania, being of sound and disposing mind, memory and understanding do hereby
make publish and declare this my Last Will and Testament, hereby expressly revoking all
other writings in nature testamentary by me at any time heretofore made.
FIRST: I direct that all my debts and funeral expenses be paid as soon after my
decease as may be practicable.
SECOND: I direct that inheritance tax on property disposed of herein shall be paid
from my residuary estate.
THIRD: I give, devise and bequeath the sum of Fifty Thousand Dollars together with
my residence in West Pennsboro Township, Cumberland County, Pennsylvania to my
wife, Anna C. Foltz.
FOURTH: I give and bequeath One Hundred shares of Exxon Mobile stock to each of
my grandchildren living at the time of my death.
FIFTH: I hereby give, bequeath and devise all the rest and residue of my estate and
property, real, personal and mixed, of whatsoever nature and wheresoever situated of
which I may own at the time of my death, or to which I may be entitled or of which I may
have the right to dispose at the time of my death, to my son, Robert C. Foltz, Jr..
-~ - (SEAL)
R. CREE FOLTZ
Page one of two
SIXTH: I hereby appoint my son, Robert C. Foltz, Jr., as Executor of this, my
Last Will and Testament, but in the event he is unable or unwilling to serve, I then
appoint my granddaughter, Lisa Beattie, as Executor of this, my Last Will and Testament.
I further direct that they shall not be required to give bond or other security in any
jurisdiction wherein proceedings may be held in connection with my estate.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 2nd day of
July, 2001.
~..
--~', l -r ~ __. -+~ .rl (SEAL)
R. CREE FOLTZ °~"~
J ;J
Page two of two
i (
s ;
REGISTER OF WILLS OF ~~ ~^ ~~ COUNTY
OATH OF SUBSCRIBING WITNESS
a ~ - ~a- I la.to
_{eae#) a subscribing witness to the
law, depose(s) and say(s) that
~etl-
will presented herewith, (each) being duly qualified according to
,p c~~ present and saw
the testate, sign the same and that , signed as a witness at t>he
request of testate in h ~ S Presence and (in the presence of each other) (in the presence of the
other subscribing witness(es)).
Sworn to or affirmed and subscribed before
j ~ y`'}' day of
me this
~ aoo~- ~.
~.,.~'
gister
(Address)
(Name)
(Address)
~~~UNTY
REGISTER OF WILLS OF
OATH OF NON-SUBSCRIBING WITNESS
~ t - oa.-- - t ~.co
t~~ ~,
(eac) subscriber hereto, (each) being duly qualified according to"Iaw,
_familiar with the signature of
J
testat of (one of the subscribing witnesses to) the will
,. ~-,
that
to the best of
believes the signature on the
a ~ ~ ~-
depose(s) and
presented herewith and
codicil
will is in the handwriting of
knowledge and belief. ~ ~ ,~-
Sworn to or affirmed and subscribed before
p~'h day of
e this __,__- -
r ~ 1t,5~'
~ ,~p~~ Regis er
1_ _ _ ~ . (~C.~~
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(Addy ss) ~ ` _ ~ ~ ~~ j
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CERTIFICATION OF NOTICE UNDER RULE 5.6(a)
Name of Decedent; R ree Foltz
Date of Death: 11/22/2002
Will No. Admin No. 2002-01126
To the Register:
I certify that notice of beneficial interest required by
Rule 5.6(a) of the Orphan's Court Rules was served on or mailed to
the following beneficiaries of the above-captioned estate on
Janu____a_rv ? 1.~ 2003
Name A r
Anna C. Foltz of 2175 Newville Road Carlisle PA 17013
Lisa F Beattie of 240 ShadtiLane_ Carlisle PA 17013
Jennifer G Nailor of 340 Pleasant Hall Road C'arhsle PA 17013
Jac.~ueline R Dommel of 336 Toll Gate Road York. PA 17403
Notice has now been given to all persons entitled thereto under
Rule5.6(a)except
Date: January 22, 2003 ~~' ~~~~' -
Signature
Name Gerald K Morrison, Esquire
Address Center Square
New Bloomfield, PA 17068
Telephone(717L5 82-2300
Capacity
Personal Representative
X Counsel for personal
Representative
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
DEPT. 280601
HARRISBURG, PA 1 7 1 28-0601
RECEIVED FROM:
FOLTZ ROBERT C JR
238 SHADY LANE
CARLISLE, PA 17013
fold
PENNSYLVANIA
INHERITANCE AND ESTATE TAX
OFFICIAL RECEIPT
ESTATE INFORMATION: ssrv: ia1-o3-5so4
FILE NUMBER: 2102-1 126
DECEDENT NAME: FOLTZ R. CREE
DATE OF PAYMENT: 08/15/2003
POSTMARK DATE: 08/14/2003
couNTY: CUMBERLAND
DATE OF DEATH: 1 1 /22/2002
ACN
ASSESSMENT
CONTROL
NUMBER
AMOUNT
101 ~ 59,000.00
TOTAL AMOUNT PAID:
REMARKS: C/O GERALK K MORRISON, ESQ
CHECK# E-7
SEAL
INITIALS: AC
RECEIVED BY:
DONNA M. OTTO
59,000.00
DEPUTY REGISTER OF WILLS
REV-1162 EX(11-96)
NO. CD 002907
REGISTER OF WILLS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYI,VANIA
ORPHANS COURT DIVISION
IN RE: ESTATE OF R. CREE FOLTZ, :
An Incapacitated Person :
: NO. ORPHANS CT.
:
:
Petition for Citation to Show Cause Why the Executor
Should Not Be Removed in Accordance with 20 Pa. Cons.
Stat. §§ 3182 and 3182 or in the Alternative,
Directing the Executor to promptly Administer The Estate
And Distribute the Specific Bequests Thereon
TO THE HONORABLE, THE JUDGES OF THE COURT: -~
The petition of Anna Foltz respectfully states that:
1. She is the widow of R. Cree Foltz late of Cumberland County, Pennsylvania with
a current residence of 2175 Newville Road, Carlisle, Pennsylvania.
2. R. Cree Foltz ("testator") died November 22, 2002, leaving a will dated July 2,
2001, a copy of which is attached hereto and marked as Exhibit "A."
3. Letters testamentary were granted to the testator's son, Robert C. Foltz, Jr.,
(executor") of Carlisle, PA by the Register of Wills of Cumberland County,
Pennsylvania.
4. After directing the payment of her debts and specifically bequeathing certain
paintings, the testator made the following disposition of his estate:
THIRD: I give, devise and bequeath the sum of Fifty Thousand Dollars
together with my residence in West Pennsboro Township, Cumberland
County, Pennsylvania to my wife, Anna C. Foltz.
5. As a pecuniary legatee, petitioner has an interest in the efficient administration of
this estate.
6. Since qualifying to serve, the Executor has both taken actions and failed to take
other actions, which have extended this estate administration for a period of more
than sixteen (16) months into its second year.
7. The Executor has sought to obtain personal property which Petitioner, the widow,
has claimed as property by the entireties but has taken no legal action to
determine ownership thereof.
8. The Executor has refused and failed to distribute the pecuniary bequest of
$50,000.00 or deliver the deed to the petitioner's residence as required by the Last
Will & Testament of the decedent as provided in paragraph 3 above.
9. The refusal and failure of the Executor is the result of his demonstrated personal
animus toward Petitioner.
10. The Petitioner is currently ~'l years of age and further delay in the
administration of the Estate and distribution of the specific bequests made to her
in the Last Will & Testament will cause her substantial anguish.
11. For these reasons, petitioner further believes that the interests of the estate are
likely to be jeopardized by the Executor's continuance in office and intervention
is necessary to protect the property of the estate.
12. The history of this estate administration and the personal animus of Executor
toward Petitioner mandates the drastic measure of removal of the Executor, or in
the alternative an Order mandating prompt distribution of the pecuniary bequests
Estate assets to which Petitioner is entitled.
WHEREFORE, petitioner requests that a citation be awarded, directed to
R. C. Foltz, Jr., to show cause why he should not be removed as executor of the
will of R. Cree Foltz, Deceased, within twenty (20) days.
Anna Foltz
Petitioner
VERIFICATION
I, ANNA FOLTZ, Petitioner, in this action hereby state that the statements of fact
made in the foregoing Petition are true and correct to the best of my information and
belief. The undersigned understands that the statements herein are made subject to the
penalties of 18 Pa.C.S.A. §4904 related to unsworn falsification to authorities.
ANNA FOLTZ
CERTIFICATE OF SERVICE
I hereby certify that a copy of the within Petition has been mailed by the
undersigned, by U.S. Mail, first-class, postage prepaid, on the. (~ day of. 'fi~vrl 1 2004,
addressed to:
Robert C. Foltz, Jr.
238 Shady Lane
Carlisle, PA 17013
Date: %C$~o~c
Steven J. Fishman, Esquire
Attorney I.D. No. 16269
Salzmann, Hughes & Fishman, P.C.
95 Alexander Spring Road, Suite 3
Carlisle, PA 17013
(717) 249-6333
Attorney for Petitioner
MOI~RISON LAW 1717S822~00 12/1~./02 0~:08pm P. 002
LAST WILL AND TESTAMENT
OF
I, R. CREE FOLTZ of 2175 Newville Road, Carlisle, Cumberland County,
Pennsylvania, being of sound and disposing mind, memory and understanding do hereby
make publish and declare this my Last Will and Testament, hereby expressly revoking all
other writings in nature testamentary by me at any time heretofore made.
FIRST: I direct that all my debts and funeral expenses be paid as soon after my
decease as may be practicable.
SECOND: I direct that inheritance tax on property disposed of herein shall be paid
from my residuary estate.
THIRD: I give, devise and bequeath the sum of Fifl-y Thousand Dollars together with
my residence in West Pennsboro Township, Cumberland County, Pennsylvania to my
wife, Anna C. Foltz.
FOURTH: I give and bequeath One Hundred shares of Exxon Mobile stock to each of
my grandchildren living at the time of my death.
FIFTH: I hereby give, bequeath and devise all the rest and residue of my estate and
property, real, personal and mixed, of whatsoever nature and wheresoever situated of
which I may own at the time of my death, or to which I may be entitled or of which I may
have the right to dispose at the time of my death, to my son, Robert C. Foltz, Jr..
4...Q ~". ~,..e~ '": ·
R. c~E F~L;i'Z " .~ - -
Page one of two
HORRI~ON LAW 1717S822~0~ 12/11/~2 0~:08pm P. 00~
i'
SIXTH: I hereby appoint my son, Robert C. Foltz, Jr., as Executor of this, ray
Last Will and Testament, but in the event he is unable or unwilling to serve, I then
appoint my granddaughter, Lisa Beattie, as Executor of this, my Last Will and Testament.
I further direct that they shall not be required to give bond or other security in any
jurisdiction wherein proceedings may be held in connection with my estate.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 2nd day of
July, 2001. ~
W~SSS:
Page two of two
COMMONWEALTH OF PENNSYLVANIA REV-1162 EX(11 96)
DEPARTMENT OF REVENUE
BUREAU OF INDIWDUAL TAXES
DEPT 280601
HARRIS~3U RG, PA 17128 O601
PENNSYLVANIA
RECEIVED FROM: INHERITANCE AND ESTATE TAX
OFFICIAL RECEIPT
NO. CD 004462
MORRISON GERALD K ESQ
CENTER SQUARE
P.O. BOX 232
NEW BLOOMFIELD, PA 17068
ACN
ASSESSMENT AMOUNT
CONTROL
NUMBER
........ fold ..........
1 01 $1,680.44
ESTATE INFORMATION: SSN'. 181-03-5804
FILE NUMBER: 2102- 11 26
DECEDENT NAME: FOLTZ R. CREE
DATE OF PAYMENT: 1 0/04/2004
POSTMARK DATE: 1 0/01/2004
COUNTY: CUMBERLAND
DATE OF DEATH: 11/22/2002
TOTAL AMOUNT PAID: $1,680.44
REMARKS:
CHECK# E-18
INITIALS: JA
SEAL RECEIVED BY: GLENDA FARNER STRASBAUGH
REGISTER OF WILLS
REGISTER OF WILLS
COM.ONWEALTHOF REV'1500 o.,e, es, oNLY
PENNSYLVANIA
DEPARTMENTOE.EVENUE INHERITANCE TAX RETURN "'E.UMSE.
DEPT. 280601
"A""ISBURO, Al,126-0601 RESIDENT DECEDENT 2 - 0 2 12 8
DECEDEN]~S NAME (LAST, FIRST, AND MIDDLE INITIAL
~ SOCIAL SECURITY NUMBER
z Foltz, R. Cree
1 8 1-0 3-5 8 0 4
LU DATE OF DEATH (MM-DD-Year) DATE OF BIRTH (MM-DD-Year) THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
14.1
0 11/22/2002 0913011911 REGISTER OF WILLS
M.I (IF APPLICABLE) SURVIVING SPOUSE'S NAME (LAST, FIRST, AND MIDDLE INITIAL)
t't SOCIAL SECURITY NUMBER
AnnaC. Foltz 1 7 4 - 0 5- 3 7 O 9
~ [] l. OdginalRetum [] 2. SuppiementalReturs [] 3. RersainderReturs (d~ofdea~p,or~12-13-82)
~ [] 4. LimitedEsteta [] 4a. FuturelnterestComprorsise(d~dde~aSer12.12.82) [] 5, Federal Estate Tax Ret~Jm Raquired
:= ~ o, [] 6. Decedent Died Testate (Attach copy of W~II) [] 7. Decedent Maintained a Living Trust p.~ach cc, py of Trus~ ~ 8. Total Nursber of Safe Deposit Boxes
< [] 9. Litiga~n Proceeds Received [] 10, Spousal Poverly Credit (dm ofde~ bet~e, 12-31-~1 a~d 1-1-95) [] 11. Election to tax under Sec. 9113{A) (A~ch SeE
z Gerald K. Morrison, Esquire
~ P.O. Box 232
o TELEPHONE NUMBER
~ (717)582-2300 New Bloomfield PA 17068
1.R.,Estate(schedu,a^) (1) 1770
2. Stocks and Bonds (Schedule B) (2) 191;~32.00
3. Closely Held Corpora~on, Pa~emhip or Sole-Propdetership (3) ,
4. Mortgages & Notes Receivable (Schedule D) (4)
5. Cash, Bank Deposits & Miscellaneous Personal Probe~ (5) 124,985 54
(Schedule E)
~ 6. JointJy Owned Property (Schedule F) (6)
[] Separate Billing Requested
"'t 7. Inter-Vivos Transfem & Miscellaneous Non-Probate Property (7)
I.- (Schedule G or L)
~ 8. Total Gross Assets (total Lines %7)
(.,1 (8) 421,617.54
ILl 9. Funeral Expe~es & Adrsinistrative Costs (Schedule H) (9) 23,797.20
10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) (10) 7,269.85
11. Total Deductions (total Lines 9 & 10) (11) 31,067.05
12. Net Value of Estate (Line 8 rsinus Line 11) (12) 390,550.49
13. Charitable and Governrsental Bequeste/Sec 9113 Trusts for which an eieotion to tax has not been (13)
rsede (Schedule J)
14. Net Value Subject to Tax (Line 12 rsines Line 13) (14) 390,550.49
~ rate, ortmnsfersunderSes. 9116(a)(1.2) 155,000.00 X 0 (15) 0.00
~ 16. AmountofLine14taxabieatlinealrate 235,550.49 X .045 (16) 10,599.77
::3
~ X .12 (17)
t.3 X .15 (18)
~ 19. Tax Due (19) 10,599.77
I--
Decedent's Complete Address:
STREET ADDRESS 21 75 Newville Road
CITY Carlisle I STATE PA I ZIP 17013
Tax Payments and Credits:
1. Tax Due (Page 1 Line 19) (1) 10,599.77
2. Credits/Payments
A. Spousal Poverty Credit
B. Prior Payments 9~000.00
C. Discount
Total Credits (A + B +C) (2) 9,000.00
3. Interest/Penalty if applicable
D. Interest
E. Penalty Total Interest/Penalty ( D + E ) (3)
4. If Line 2 is greater than Une 1 + Line 3, enter the difference. This is the OVERPAYMENT.
Check box on Page I LiRe 20 to r~luest a refund (4)
5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) 1,599.77
A. Enter the interest on the tax due. (SA) 80.67
B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (SB) 1,680.44
Make Check Payable to: REGISTER OF WILLS, AGENT
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS
1. Did decedent make a transfer and: Yes No
a. retain the use or income of the property transferred; ........................................................................... [] []
b. retain the right to designate who shall use the property transferred or its income; ........................................ [] []
c. retain a reversionary interest; or ...................................................................................................... [] []
d. receive the promise for life of either payments, benefits or care? ............................................................. [] []
2. If death occurred after December 12, 1982, did decedent transfer proper~Y within one year of death
without receiving adequate consideration? ............................. [] []
3. Did decedent own an "in trust for' or payable upon death bank account or security at his or her death? ................. [] []
4. Did decedent own an Individual Refirement Account, annuity, or other non-probate property which
contains a beneficiary designation? ....................................................................................................... [] []
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FiLE IT AS PART OF THE RETURN.
Under [ decla'e th and to the best of my knowledge e~d belief, it is fide, correct ade complete.
DATE
;,< 09/30/2004
PA 17013
DATE
09/30/2004
ADDRESS P.O. Box 232
New Bloomfiel PA 17068
For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 3%
[72 P.S. §9116 (a) (1.1) (i)].
For dates of death on or afer January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0%
The statute does not exemot a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if
the surviving spouse is the only beneficiary.
For dates of death on or after July 1, 2000:
The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent, an adoptive parent,
or a stepparent of the child is 0% F2 P.S. §9116(a)(1.2)J.
The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5%, except as noted in 72 P.S. §9116(1.2) [72 P.S. §9116(a)(1 )].
The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12% [72 P.S. §9116(a)(1.3)]. A sibling is defined, under Section 9102, as an
individual who has at least one parent in common with the decedent whether by blood or adoption.
SCHEDULE A
CO.MONW LTR OFPENNSYLVA.,^ REAL ESTATE
RESIDENT OECEDENT
ESTATE OF FILE NUMBER
Foltz. R. Cree 21 02 1126
All mai pF~ity o~ so~ or as a (e,,aiit in common must be mpoA~ at fair markM value. Fair manet value is defin~ as ~e pd~ at whi~ pmpe~ would ~ ~changed
be~een a willi~ buyer and a ~lli~ sel~r, nei~er being ~m~lled ~ buy or sell, ~ having reasonable knowledge of the relevant fa~. Real pmpe~ ~ich is ~intly-o~ed ~th right of
suw~omhip must ~ disclosed on Schedule F,
ITEM
VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
1. Brick ranch dwelling situate in West Pennsboro Township, Cumberland County, 105,000.00
Pennsylvania - See Cumberland Coun~ Deed Book "A", Volume 20, Page 884 -
Appraised by Diversified Appraisal Se~ices
TOTAL (Also enter on line 1, Recapituration) $ 105,000.01)
(If more space is needed, insert additional sheets of the same size)
SCHEDULE B
COMMONWEALTH OF PENNSYLVANIA STOCKS & BONDS
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Foltz. R. Cree 21 02 112~
All property jointly-owned with right of sun,'ivorshlp must be disclosed on Schedule F.
ITEM
NUUBER DESCRIPTION VALUE AT DATE
1. 5,600 shares of ExxonMobil @ 34.22 per share OF DEATH
191,632.00
TOTAL (Also enter on line 2, Recapitulation) $ 191,632.01'~
(If mere space is needed, inserl additional sheets of the same size)
SCHEDULE E
COMMO"W~LT'OFPENNSYLVA.,^ CASH, BANK DEPOSITS, & MISC,
INHERITANCE TAX RETURN
RES,OENT OECE~E.T PERSONAL PROPERTY
ESTATE OF FiLE NUMBER
Foltz. R. Cree 21 02 1121~
Include the )roceeds of litigation and the date the proceeds were received by the estate. All property jointly-owned wffh the right of survivomhi ~ muet be a!~,c!o_~ed on Schedule F.
ITEM
NUMBER DESCRIPTrON VALUE AT DATE
1. 1996 Buick Sedan - sold to Lisa F. Beattie OF DEATH
3,000.00
2. Personal property of Decedent - Appraised by IBIS Appraisal Services 5,631.00
3. The Bank of Landisburg CD#061057761 20,039.18
4. The Bank of Landisburg CD#061057762 10,081.12
5. The Bank of Landisburg CD#700008824 30,088.77
6. The Bank of Landisburg CD#700009325 25,203.42
7. The Bank of Landisburg CD#7000010310 666.05
8. The Bank of Landisburg CD#700011565 30,276.00
TOTAL (Also enter on line 5, Recapitulation $ 124,985.54
(if more space is needed, insert additional sheets of the same size)
SCHEDULE H
COMMONWEALTH OF PENNSYLVANIA FUNERAL EXPENSES &
INHERITANCE TAX RETURN
RESIDENT DECEDENT ADMINISTRATIVECOSTS
ESTATE OF FILE NUMBER
Foltz. R. Cree 21 02 112~
Debts of decedent muet be reported on Schedule I.
ITEM
NUMBER DESCRIPTION AMOUNT
A. FUNERAL EXPENSES:
1. Ewing Funeral Home 7,002.50
B. ADMINISTRATIVE COSTS:
1. Personal Representative's Commissions
Name of Personal Representative (s)
Social Secudty Number(s) / EIN Number of Personal RepresentalJve(s)
Street Address
C~ State Z~p
Year(s) Commission Paid:
2. AttomeyFees Gerald K. Morrison 12,864.70
3. Family Exemption: (if decedent's address is not the same as claimant's, attach explanation) 3,500.00
Claimant Anna C. Foltz
StreetAddresa 2175 Newville Road
ci~/Carlisle State PA Zip 17013
Relationship of Claimant to Decedent wife
4. PmbateFees Mary C. Lewis 430.00
5. Accountant's Fees
6. Tax Return Preparer's Fees
7.
TOTAL (Also enter on line 9, Recapitulation) $ 23,797.20
(If more space is needed, insert additional sheets of the same size)
SCHEDULE I
cO..O.W~LT. OFPE..SY.V^Ni^ DEBTS OF DECEDENT,
~S,DE.T~C~D~.T MORTGAGE LIABILITIES~ & LIENS
ESTATE OF FILE NUMBER
FoItz. R. Cree 21 02 1126
Include unreimbursed medical expenses.
ITEM
NUMBER DESCRIPTION AMOUNT
1. Dale F. Shughart, Jr. - legal account 4,000.00
2. The Sentinel - estate advertising 102.11
3. Cumberland Law Journal - estate advertising 75.00
4. IBIS Appraisal Service - appraisal fee 120.00
5. Diversified Appraisal - appraisal fee 275.00
6. U.S. Treasury - 2002 and 2003 income taxes 2,079.42
7. PA Department of Revenue - 2002 and 2003 income taxes 523.32
8. Rice Memorial Works - gravestone lettering 95.00
TOTAL (Also enter on line 10, Recapitulation $ 7,269.8~,
(If more space is needed, insert additional sheets of the same size)
REV-1513 EX +
COMMONWEALTH OF PENNSYLVANIA BENEFICIARIES
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Foltz. R. 3tee 21 02 1126
RELATIONSHIP TO DECEDENT AMOUNT OR SHARE
NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE
I. TAXABLE DISTRIBUTIONS [include ou~ght spousal distributions and transfem under
Sec. 9116 (a) (1.2)
1. Anna C. Foltz Wife $50,000.00 and
2175 Newville Road
Carlisle, PA 17013 residence
2. Lisa F. Beattie Granddaughter 100 shares of
240 Shady Lane
Carlisle, PA 17013 ExxonMobil
3. Jennifer G. Nailor Sranddaughter 100 shares of
340 Pleasant Hall Road
Carlisle, PA 17013 ExxonMobil
4. Jacqueline R. Dommel Granddaughter 100 shares of
336 Toll Gate Road
York, PA 17403 ExxonMobil
5. Robert C. Foltz, Jr. Son rest and residue
238 Shady Lane
Carlisle, PA 17013
ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE, ON REV-1500 COVER SHEET
][][. NON-TAXABLE DISTRIBUTIONS:
1. A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
1.
TOTAL OF PART II - ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET $
(If more space is oeeded, inset1 additional sheets of the same size)
December 30, 2002
GERALD K MORRISON ESQUIRE
POST OFFICE BOX 232
CE/F~ER SQUARE
NEW BLOOMFIELD PA 17068
Re: E CREE FOLTZ
$SN: 181-03-2804
Dear Attorney Morrison:
Pursuant to your letter dated December 23, 2002, the Department of
Public Welfare (DPW), Estate Recovery Program, has reviewed the information
you provided regarding the above-referenced individual.
It has been determined that this individual did not receive any type of
assistance during the questioned period.
Therefore, according to the information you provided, the Department's
Estate Recovery Program will not seek any recovery from this estate.
If you have any questions please feel free to contact me.
Sincerely,
Ronald D. Hill, Manager'
TPL - Casualty Unit
(717)772-6604
(717)772-6553 FDD{
1N RE: ESTATE OF : IN THE COURT OF COMMON PLEAS OF
R. CREE. FOLTZ : CUMBERLAND COUNTY, PENNSYLVANIA
DECEASED :
: ORPHAN'S COURT D1VISION
: NO. 21-02-1126
PETITION FOR EXEMPTION
To Whom It May Concern:
The Petition of Anna C. Foltz respectfully represents:
1. That your petitioner is the widow ofR. Cree Foltz, who died November 22, 2002, a
resident of Cumberland County.
2. That decedent and petitioner were married at the time of the death of the said R. Cree
Foltz, and the petitioner was a member of the decedent's household at the time of his
death.
3. That letters testamentary were granted to Robert C. Foltz, Jr., by the Register of Wills of
Cumberland County.
4. That petitioner claims $3,500.00 as her widow's exemption under Section 3121 of
20 Pa.C.S.A.
WHEREFORE, petitioner prays that said sum of $3,500.00 be set apart to her as aforesaid.
A~qN'A (2. POLTZ
1N RE: ESTATE OF : IN THE COURT OF COMMON PLEAS OF
R. CREE. FOLTZ : CUMBERLAND COUNTY, PENNSYLVANIA
DECEASED :
:
: ORPHAN'S COURT DIVISION
: NO. 21-02-1126
ELECTION TO TAKE LTNDER WII,I,
To Whom it May Concern:
I, Anna C. Foltz, widow of the above decedent, who died on the 22''a day of November, 2002,
having first made, published and declared his last will and testament, dated July 2, 2001, duly
probated in the office of the Register of Wills of Cumberland County, on December I 1, 2002, and
recorded under Estate No. 21-02-1126 hereby elect to take under the terms of the said will.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~ O/''' day of
March, 2003.
~ (SEAL)
ANNA ~. FOLTZ
COMMONWEALTH OF PENNSYLVANIA :
: SS:
COUNTY OF ~'~-rm~'~r~(~ :
On this 2-o ~ day of March, 2003, before me, the subscriber, a notary public in and for the
Commonwealth of Pennsylvania, residing in the County of ~'a~,,mb~,~d , personally
appeared Anna C. Foltz, and acknowledged the foregoing election to be her act and deed and
desired that the same might be recorded as such.
WITNESS my hand and notarial%
NOTARY PUBLIC
SF~ 'EVEN J. FISHMAN, Notary Public
d s · Bom, cumberlandCounty
Ce, '
COHHONgEALTH OF PENNSYLVANIA DEPARTHENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
INHERITANCE TAX DIVISION NOTICE OF INHERITANCE TAX
po BOX 28060! APPRAXSENENT, ALLONANCE OR DZSALLONANCE
HARRXSBURG, PA 17X28-0601 OF DEDUCTIONS AND ASSESSNENT OF TAX REV-lsd? EX AFP (09-0~)
DATE 11-29-2004
ESTATE OF FOLTZ R C
DATE OF DEATH 11-22-2002
FILE NUNBER 21 02-1126
COUNTY CUHBERLAND
·" ' ~* i: iTM"~ F~ ? ~'::~ ?
6ERALD K HORRISON ESQ [~ .... '.:
........ ACN 101
PO BOX 2~2 Aaoun~ Remi~ed I
NEN BLOOHFIELD PA 1~7068
I
HAKE CHECK PAYABLE AND REHZT PAYHENT TO:
REGISTER OF N~LLS
CUHeERLAND CO COURT HOUSE
CARLISLE, PA 17015
CUT ALONG THIS LINE ~ RETAIN LONER PORTXON FOR YOUR RECORDS
DZSALLONANCE OF DEDUCTIONS AND ASSESSHENT OF TAX
ESTATE OF FOLTZ R C FILE NO. 21 02-1126 ACN 101 DATE 11-29-2004
TAX RETURN NAS: (X) ACCEPTED AS FILED ( ) CHANGED
RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE
APPRAISED VALUE OF RETURN ~ASED ON: ORIGINAL RETURN
1. Real Es~e~e (Schedule A) (1) 105~000.00 NOTE: To insure proper
2. S~ocks and Bonds (Schedule B) (2) 191;6~2.00 credi~ ~o your account,
$. Closely Held S~ock/Par~nership In~eres~ (Schedule C) ($) .00 submi~ ~he upper portion
~. Hor~geges/No~es Receivable (Schedule D) (~) .00 of ~his form ~i~h your
6. Cash/Bank Deposi~s/Nisc. Personal Proper~y (Schedule E) (5) 124~985.54 ~ax payment.
6. Jointly O~ned Proper~y (Schedule F) (6) .00
7. Transfers (Schedule G) (7) .00
8. To~el Asse~s (8) 421,617.54
APPROVED DEDUCTIONS AND EXENPTZONS: 25,797.20
9. Funeral Expenses/Adm. Cos~s/Nisc. Expenses (Schedule H) (9)
ZO. Debts/Hot,gage Liabilities/Liens (Schedule I) (10) 7.269.85
11. To,al Deductions (11) ~].0~7.0~
12. Ne~ Value of Tax Re~urn (12) $90,550.49
15. Charitable/Governmental Bequests; Non-elected 9115 Trusts (Schedule J) (15) .00
1~. Ne~ Value of Es~a~e Subjec~ ~o Tax (1~) $90,550.49
NOTE: Zf an assessment ~as issued previously, lines 1~, 15 and/or 16, 17, 18 and 19 ~111
reflect figures that include the total of ALL returns assessed to date.
ASSESSHENT OF TAX:
15. Aeoun~ of Line lq a~ Spousal ra~e (1S) 155,000.00 X O0 = .00
16. Aeoun~ of Line 1~ ~axable a~ Lineal/Class A ra~e (16) 235,550.49 X 045 = 10,599.77
17. Aeoun~ of Line 1~ a~ Sibling re~e (17) .00 X 12 = .00
18. Aaoun~ of Line 1~ ~axable a~ Collateral/Class B ra~e (18) .00 X 15 = .00
19. Principal Tax Due (19)= 10,599.77
TAX CREDITS:
PAYH~NT RECEIPT DISCOUNT
AHOUNT PAID
DATE NUNBER INTEREST/PEN PAID (-)
08-14-2005 CD002907 .00 9,000.00
10-01-2004 CD004462 77.10- 1,680.44
TOTAL TAX CREDIT I 10,603.34
BALANCE OF TAX DUEl 3.57CR
INTEREST AND PEN. .00
TOTAL DUE $. 57CR
TF PA/D AFTER DATE INDICATED, SEE REVERSE ( ZF TOTAL DUE IS LESS THAN $1, NO PAYNENT IS REQUIRED. ~ ~
FOR CALCULATION OF ADDITIONAL INTEREST. ZF TOTAL DUE ZS REFLECTED AS A "CREDIT" (CR), YOU NAY DE DUE~-~-~/~
A REFUND. SEE REVERSE SIDE OF THIS FORN FOR INSTRUCTIONS.) ~' *
Cumberland County - Register Of Wills
One Courthouse Square
Carlisle, PA 17013
Phone: (717) 240-6345
Date: 12/01/2004
MORRISON GEP~ALD K ESQ
CENTER SQUARE
P.O. BOX 232
NEW BLOOMFIELD, PA 17068
RE: Estate of FOLTZ R. CREE
File Number: 2002-01126
Dear Sir/Madam:
It has come to my attention that you have not filed the Status
Report by Personal Representative (Rule 6.12) in the above captioned
estate.
As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO.
103 SUPREME COURT RULES DOCKET NO. 1, for decedents dying on or after
July 1, 1992, the personal representative or his counsel, within two
(2) years of the decedent's death, shall file with the Register of
Wills a Status Report of completed or uncompleted administration.
This filing will become delinquent on: 11/22/2004
Your prompt attention to this matter will be appreciated.
Thank You.
Sincerely,
GLENDA FARNER STRASBAUGH
REGISTER OF WILLS
cc: File
Personal Representative(s)
Judge
Cumberland County - Register Of Wills
One Courthouse Square
Carlisle, PA 17013
Phone: (717) 240-6345
Date: 10/11/2005
MORRISON GERALD K ESQ
CENTER SQUARE
P.O. BOX 232
NEW BLOOMFIELD, PA 17068
RE: Estate of FOLTZ R. CREE
File Number: 2002-01126
Dear Sir/Madam:
It has come to my attention that you have not filed the Status
Report by Personal Representative (Rule 6.12) in the above captioned
estate.
As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO.
103 SUPREME COURT RULES DOCKET NO.1, for decedents dying on or after
July 1, 1992, the personal representative or his counsel, within two
(2) years of the decedent's death, shall file with the Register of
Wills a Status Report of completed or uncompleted administration.
This filing is due by: 11/22/2005
Your prompt attention to this matter will be appreciated.
Thank You.
Sincerely,
~~~
GLENDA FARNER STRASBAUGH
REGISTER OF WILLS
cc: File
Personal Representative(s)
Judge
.1:6
I.-
.
Register of Wills of Cumberland County
STATUS REPORT UNDER RULE 6.12
Name of Decedent: R. Cree Foltz
Date of Death: 11/22/2002
E N 21-02-1126
state 0.:
pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following
with respect to completion of the administration of the above-captioned estate:
1. State whether administration of the estate is complete:
Yes rn No 0
2. If the answer is No, state when the personal representative reasonably believes that
the administration will be complete:
3. If the answer to No. 1 is Yes, state the following:
a. Did the personal representative file a final account with the Court?
Yes 0 No ill
b. The separate Orphans' Court No. (if any) for the personal representative's
account is:
c. Did the personal representative state an account informally to the parties in
interest? Yes [3 No 0
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c. Copies of receipts, releases, joinders and approval of formal or informal
accounts may be filed with the Cl k of the Orphans' Court and may be
attached to this report.
Date:#'J-
tn
Gerald Ka Morri~nn- 'Rc::.qn;Y~
Name
.
",,':::,t;
P.O. Box 232, New Bloomfield, PA 17068
Address
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(717) 582-2300
Telephone No.
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Capacity: 0 Personal Representative
o Counsel for personal representative
f
IN RE: ESTATE OF
R. CREE FOLTZ, DECEASED
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
: NO. 02-1126
ANSWER TO PETITION TO SHOW CAUSE
WHY EXECUTOR SHOULD NOT BE REMOVED OR
ALTERNATIVELY DIRECTING EXECUTOR TO
PROMPTLY ADMINISTER THE ESTATE AND
DISTRIBUTE THE SPECIFIC BEQUESTS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
AND NOW, comes the Respondent, Robert C. Foltz, Jr., Executor
of the Estate of R. Cree Foltz, deceased, by his Special Counsel,
Dale F. Shughart, Jr., Esquire, and makes the following Answer to
the Petition of Anna Foltz:
ANSWER
1
· ~ctmzc'cect.
2. Admitted.
3. Admitted.
4. Admitted in part. Denied in part. The 'Deced~ did 'not
bequeath "certain paintings,, The document speaks for itself. The
remaining averments are admitted.
5. Admitted.
6. Denied. On the contrary, the undersigned Executor has
acted reasonably and responsibly in an effort to resolve numerous
issues which have arisen between the Petitioner and him and has
acted consistent with the advice of Gerald K. Morrison, Esquire,
Attorney for the Estate, attempting to resolve issues through
negotiation, which has resulted in a reasonable delay in the
administration of the Estate.
7. Admitted in part. Denied in part. It is admitted that
the Executor has taken no legal action to determine ownership of
disputed items. The remaining averments are denied. On the
contrary, although the Petitioner has claimed items owned by the
decedent were gifted to her after their marriage, she has failed to
provide any evidence of such gifting. Further, Petition has failed
to allow the Executor reasonable access to the real property at
2175 Newville Road to enable an inventory of the tangible personal
property or an appraisal of the value of the real estate to be
made. By way of further Answer the averments of Executor's New
Matter are incorporated herein by reference.
8. Admitted with a qualification. Although the Executor has
refused to distribute the Petitioner's cash bequest or the real
estate, he has done so consistent with the advice of the attorney
for the Estate. By way of further answer, the averments of the
Executor's New Matter are incorporated herein by reference.
9. Denied. While the Executor admits to considerable
frustration and anxiety over this matter, he has no ill feelings
toward the Petitioner.
10. Denied. The Executor is without specific knowledge or
information sufficient to form a belief as to the degree of
"anguish', being suffered by the Petitioner. By way of further
answer, it is the Executor's sincere goal to resolve the current
impasse, complete administration of the Estate and distribute
Petitioner's cash bequest and real estate to her in the near future.
2
11. This averment states an opinion, not a fact and no answer
is required. If an answer is required, the averments of Paragraph
11 are denied. On the contrary, the Executor intends to move
forward to resolve the issues promptly, fairly and efficiently as
set forth in the Executor's New Matter, the averments of which are
incorporated herein by reference thereto.
12. The averments of Paragraph 12 state a conclusion of law
and no answer is required. If an answer is required, the averments
of Paragraph 12 are denied. On the contrary, the Executor intends
to move forward to resolve the issues promptly, fairly and
efficiently as set forth in the Executor's New Matter, the
averments of which are incorporated herein by reference thereto.
WHEREFORE, the Respondent, Robert C. Foltz, Jr., Executor of
the Estate of R. Cree Foltz, deceased, prays Your Honorable Court
to dismiss the Petition of Anna C. Foltz.
NEW MATTER
13. The averments of Executor's Answers to averments of the
Petition Paragraphs 1 through 12, inclusive, are incorporated
herein by reference thereto.
14. The decedent was the owner, at his death, of the real
property known as 2175 Newville Road, Carlisle, PA, in which the
Decedent and Petitioner resided at his death. The Petitioner
continues to reside there, and the real property will be
distributed to her pursuant to the Will.
15. The Petitioner has refused to allow the Executor and/or
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his representatives to have any access to the real property.
16. Although the Executor has paid estimated Pennsylvania
Inheritance Taxes, he cannot prepare and file the Pennsylvania
Inheritance Tax Return until the value of the real property has
been determined by appraisal.
17. The discovery rules of the Pennsylvania Rules of Civil
Procedure are applicable to proceedings in the Orphans' Court
pursuant to Section 774 of the PEF Code, 20 Pa.C.S. 774, Pa. O.C.
Rule 3.6 and C.C.O.C.R. 3.6-1.
18. Contemporaneously with the filing of this Answer, the
Executor is serving separately upon the Petitioner, by and through
her attorney, a Request For Entry Upon The Real Property Belonging
To The Estate, pursuant to Pa.R.C.P. 4009.32, a true and correct
copy of which is attached hereto, made a part hereof, and marked
Exhibit "A".
19. The request serves two purposes, the first of which will
be to allow a qualified real estate appraiser to establish the fair
market value of the premises on the decedent's date of death.
20. By virtue of various exchanges of correspondence and
telephone communications, the Petitioner's attorney and the
attorney for the Estate, Gerald K. Morrison, Esquire, have
exchanged various lists of the items of tangible personal property
which the Executor claims were owned by the decedent prior to his
marriage to the Petitioner and prior to his death. Executor
contends these items were at the decedent's home at the time of his
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death. Being denied access to the premises your Petitioner has
been unable to identify these items specifically, nor to have them
appraised.
21. By letter dated August 13, 2003, the Petitioner, by her
attorney, Steven J. Fishman, Esquire, advised the Executor's
attorney that "as I indicated in my letter of May 21, 2003 (copy
enclosed) Mrs. Foltz has already begun to give away or sell items
from her house and unless Mr. Foltz acts reasonably quickly there
will be few items left for him to receive,,.
22. The Executor has prepared a list of items which, to his
knowledge, were at the decedent's house on his date of death and
which were owned by the decedent prior to his marriage to the
Petitioner. Many of these items are family heirlooms. Many items
are firearms, and related paraphernalia supplies, tools, etc., are
items which the Petitioner cannot reasonably claim to have used in
conjunction with the decedent during his lifetime; nor has she
presented any evidence that the items were gifted into entireties
property.
23. The Executor's Request For Entry Upon The Estate Real
Estate, referred to above, Exhibit "A", obtains the specific
request that the inspection of the tangible personal property
enable a licensed auctioneer to identify and appraise items of
tangible personal property at the home which the Executor contends
were owned solely by the Decedent.
24. To the extent that the Petitioner has sold or gifted
--5--
items of tangible personal property which were owned by the
decedent prior to his marriage to her, knowing that the ownership
of these items was in dispute, she is accountable to the Estate for
the value of items sold at market value, and the Estate may recover
items transferred for less than fair market value.
25. The Executor believes and therefore avers that Your
Honorable Court has authority to order and direct the Petitioner to
account for missing items by providing an itemized list of all
items identified by the Executor in Exhibit "B" as being Estate
assets owned by the Decedent, together with their current
whereabouts, including an attachment of receipts for items sold.
26. The Executor declines to depose the Petitioner standing
instead upon protection of the Dead Man's Statute in regard to the
legal requirements for proving an alleged transfer of ownership of
separate property into entireties property.
27. As soon as the Executor has obtained access to the Estate
real property for purposes of identifying and valuing the real
estate and tangible personal property which he contends were owned
by the decedent, Petitioner will file an Inventory and Pennsylvania
Inheritance Tax Return. As soon as the Pennsylvania Inheritance
Tax Return has been approved, the Executor will file an Account and
Schedule of Proposed Distribution.
28. The proper method of attacking the Executor's contentions
regarding the ownership of tangible personal property in the
decedent's home at his date of death will be for the Petitioner to
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file Objections thereto. See, Remick's Pennsylvania Orphans' Court.
Practice, Revised, Volume 3, Chapter XXV, Page 261 et seq.
29. The Petitioner is in possession of the real property, and
therefore is not being prejudiced by the failure to distribute it,
pending resolution of disputes. Further, to the extent that the
Petitioner has dissipated tangible personal property of the Estate,
which is not recoverable, the value of such items may be offset
against her $50,000 specific bequest.
30. Under the circumstances, the Executor is not in a
position to make a distribution of specific bequests. He will,
however, promptly distribute the $3,500 family exemption to the
Petitioner to demonstrate his willingness to move forward with all
matters which can be resolved prior to confirmation of an Account.
31. The Executor believes and therefore avers that both he
and the Petitioner bear equal responsibility for the impasse which
has resulted in a delay in completing the Estate. However, the
Executor believes and therefore avers that it has been reasonable
for him, consistent with the advice of his attorney, to endeavor to
resolve these matters without resort to formalized proceedings in
the Orphans' Court.
32. The undersigned special counsel appears in this matter on
behalf of the Executor with the approval of Gerald K. Morrison,
Esquire, attorney for the Estate, because of the distinct
possibility that if these proceedings move forward to a hearing,
Attorney Morrison will be required to testify on behalf of the
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Executor in such proceedings.
WHEREFORE, Robert C. Foltz, Jr., Executor of the Estate of R.
Cree Foltz, deceased, prays Your Honorable Court to order and
direct as follows:
1. That the Petitioner, Anna C. Foltz, allow Robert C. Foltz,
Jr. and his representatives upon the Estate real property
specifically devised to Anna C. Foltz for purposes of appraising
the value of the real estate and the tangible personal property
which the Executor claims to have been owned by the decedent at his
date of death.
2. That Anna C. Foltz provide a documented inventory
identifying all items identified by the Executor as belonging to
the Decedent which she has sold or gifted, identifying as to each
such item, the value received for such item and items present
whereabouts.
o
Such other relief as shall be just and proper.
Respectfully sub ' ted,
Dale F. Shugha[t/,! j$.
Supreme Court l~.q. ~93~3
35 East High StreW, Suite
Carlisle, PA 17013
(717) 241-4311
203
Special Counsel for Robert C.
Foltz, Jr., Executor, Estate of
R. Cree Foltz, deceased
-8-
VERIFICATION
Robert C. Foltz, Jr. hereby verifies that the facts set forth
in the foregoing Answer and New Matter are true and correct to the
best of his knowledge, information and belief, and understands that
false statements herein are made subject to the penalties of 18 Pa.
C.S. §4904 relating to unsworn falsifications.
DATE
Ob---o
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IN RE: ESTATE OF
R. CREE FOLTZ, DECEASED
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
: NO. 02-1126
REQUEST FOR ENTRY UPON REAL PROPERTY BELONGING TO ESTATE
PURSUANT TO PA.R.C.p. 4009.32
TO: ANNA C. FOLTZ,
C/O STEVEN J. FISHMAN, ESQUIRE
You are directed to allow Robert C. Foltz, Jr., Executor of
the Estate of R. Cree Foltz, deceased, upon the Estate Real
Property situate at 2175 Newville Road, Carlisle, PA and into the
dwelling'house to enable Robert C. Foltz, Jr., a qualified real
estate appraiser, and a licensed auctioneer to inspect and
photograph the premises and the contents of the home which are
claimed to be property owned by R. Cree Foltz, individually, and
which are therefore contended to be assets passing under the Last
Will and Testament of the decedent.
The undersigned Special Counsel for Robert C. Foltz, Jr., will
contact Steven J. Fishman, Esquire to arrange a time for Mr. Foltz,
the appraiser, the auctioneer, and the undersigned attorney for the
Executor, to enter onto the real property and into the dwelling
house to inspect and appraise the real property and the contents.
If you fail to cooperate, you may be subject to sanctions
of the Pennsylvania Rules of Civil
35 East High Street, Suite 203
Carlisle, PA 17013
(717) 241-4311
authorized by Rule 4019(c)
Procedure.
Special Counsel for Robert C.
Foltz, Jr., Executor, Estate of
R. Cree Foltz, deceased
Following is a list of Firearms owned by R. Cree Foltz (Deceased)
Prices Established from Standard Catalog of Firearms Price and Reference Guide 12th
Edition Published by Krause Publications 700 E. State Street, Iola, WI.-54990-0001
Telephone 715-445-2214.
1. H. Standard Sentinel Revolver-22 Caliber with Lawrence Leather Holster-Value
$110.00.
2. Ithica 12 Gauge Pump Shot Gun (model 37)--$175.00
3. Remington Pump 22 Caliber (Field Master) with telescope with l"tube --$180.00
4. Winchester Pump Shot Gun (model 12) Given to Cree Foltz by L. Dana Rice to be
passed to Robert Foltz Jr. upon Cree's Death (Standard Grade)--S300.00
5. Savage Lever Action Rifle (300 Caliber Model 99) with sling-custom safety and B+L
scope bases --$475.00
6. Savage over and under (222 Rifle over 3'20 gauge shot gun) (Model 24V) with
Waver Vari Power Scope with 1" Tube --$200.00
7. Sake~Forrester-Bolt Action Rifle (243 Caliber) with B+L Balvar 8 scope and mounts
plus sling. -- $1300.00
8. Evinrude outboard motor, fuel tank and motor stand ($550.00 Quote from Bigbee
Boats, Marysville Pa.)
R. Cree Foltz (Personal Items)
Not Received by Robert C. Foltz Jr.
1. 2 Plank Bottom Chairs (had been Cree's mothers)
2. Oak Dry sink (Gayle Foltz had customer built and finished.)
3. Plank Bottom Chairs--2 captains and 4 side chairs (Sophia Foltz had these hand
made)
4. Antique Drop leaf gate leg Table.
5. Antique mahogany Slant top desk and chair.
6. 2 end tables.
7. Oil painting of Rice's covered bridge Perry Co.
8. Oil painting of ~.~ IRice Blacksmith shop (Artist - Mary Egolf (deceased))
9. Large glass hand painted table light.
10. Anniversary Clock - glass dome
11. Antique mahogany Bed Room Set - Bed and 2 (Belonged to Sophia Foltz) dressers.
12. Custom made walnut Gun Cabinet.
13. Fishing Gear (misc)
14. Book Shelf filled with Zane Grey and Louis L'more Books
15. Wrist Watch
16. Cree Foltz's College year Book.
17. Haines History of Perry County, Pa (purchased by Sophia Foltz for Robert Foltz.)
Collector's Item.
18. Cree Foltz's Aviator's Leather cap from 1931 (Priceless to his Son).
19. All remaining family Photos (Foltz + Guyler Family)
20. Exxon Award Pins with Diamond Chips
21. Work/reloading loading bench and reloading equipment+supplies
(A) Bench (B) Press (C) Powder measure (D) Powder scales (E) Case Trimmer
(F) Case gauge (G) Case Lubber (H) Bullets (I) Primers (J) Gun Powder
(K) RCBS reloading Dies--30-06 300 Savage 243-222-7mm Remington mag.
22. Pearson 60lb Pull fiberglass Bow and Arrows.
23. Antique Knife and Sheath.
24. Folding Hunting Knife.
25. Pear Handle Pocket Knife.
26. Hand Tools
A. Socket wrench set
B. Open and box end wrenches
C. Regular slot and Phillips screw drivers
D. Metal punches and metal chisels
E. 8lb hammer
F. Ball Peen hammer
G. Hacksaw
H. Set of easy outs
I. Set adjustable wrenches
J. Set pliers
K. Stencil set (used to imprim soft)
L. ¼ inch Electric drill + metal drill bits.
M. 2 carpenters Hand saws (for wood)
N. 5 ton Blue Hydraulic Jack.
O. Set of car ramps.
P. Bench Grinder
27. Antique wash stand painted white. (Belonged to Great Grandmother Guyler)
IN RE: ESTATE OF
R. CREE FOLTZ, DECEASED
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
: NO. 02-1126
CERTIFICATE OF SERVICE
AND NOW, this 4th day of May, 2004, I, Dale F. Shughart, Jr.,
attorney for Robert C. Foltz, Jr., Executor, of the Estate of
R. Cree Foltz, deceased, hereby certify that I have served a true
and correct copy of the Answer and New Matter, pursuant to
Pa.R.C.P. 1023.2, by mailing a copy of the same by United States
mail, postage prepaid, addressed as follows:
Steven J. Fishman, Esquire
Salzmann, Hughes & Fishman, P.C.
95 Alexander Spring Road, Suite 3
Carlisle, PA 17013
v ~Dale F.~
~P~ae~ H~ u7~3 ts
Carlisle, PA 17013
(717) 241-4311
203