HomeMy WebLinkAbout10-03-08Pa. O.C. Rule 6.12 STATUS REPOR7'
REGISTER OF WILLS OF CUMBERLAND COUNTY, PEP~INSYLVANIA
Name of Decedent: Herman E. Miller
Date of Death: April 30, 2007 File Number: 21-2007-0465
Pursuant to Pa. O.C. Rule 6.12, 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 ^ No
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 ®No
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 ^ No
d. Copies of receipts, releases, joinders and approvals of formal or informal accounts
may be filed with the Clerk of the Orphans' Court and may be attached to this report.
e. Has the final distribution form been completed? ®Yes ^ No
BARLEY SNYDER LLC
2414722-1
Bye ~~ ,~ ~
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Capacity: ^ Personal Representative ®Counsel
Nancy Mayer Hughes, Esquire
126 East King Street
Lancaster, PA 17602-2893
(717) 299-5201
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
In the Estate of
Herman E. Miller, ) No. 21-2007-0465
Deceased.
RECEIPT AND RELEASE WITH ACCOUNT ATTACHED
Herman E. Miller died testate on April 30, 2007.
Letters Testamentary were granted to Gene P. Otto, IV on May 10, 2007, by the Register
of Wills of Cumberland County.
The first and final account of Gene P. Otto, IV, hereinafter called the fiduciary, is
attached and made a part hereof.
I, the undersigned, being a beneficiary under the will, intending to be legally bound, for
myself and my heirs, personal representatives and assigns, hereby do agree as follows:
1. I acknowledge that I have received from the fiduciary the property set forth after
my name on the distributions schedule of the attached accounting, and additional cash in the
amount of $1,540.25 in full satisfaction of all my interests under the will.,
2. I acknowledge that the account attached is complete and accurate, accept it as
conclusive as to all property received by the fiduciary, waive any right to demand a formal court
accounting by the fiduciary, and approve the acts and transactions of the fiduciary in the
administration of the estate.
3. I release the fiduciary from any suit, payment, claim or liability arising from the
administration of the estate.
4. In consideration of the distribution to me of the property described in paragraph I,
I agree to pay the fiduciary any amount, up to the value of the property received, that may be
necessary in the future to discharge any liabilities of the estate.
2357708.1
WITNESS my hand and seal this ~_ day of `~~~~~_ , 2008.
Witness:
~~ ~ ~ / (SEAL)
Kar L. Otto
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF ~~,~~~_ )
On this, the ~~ day of , 2008, before me, a Notary
Public in and for said State and County, came Caren L. Otto, who acknowledged the foregoing
Receipt and Release to be her act and deed and desired the same to be recorded as such.
Witness my hand and notarial seal the day and year aforesaid.
otary Public
COMM(7NVVEAt.TH dF PENNSYI`
.~Jetarial Seel .-.
Nancy H. H~~ppie. Notery Public I
City Of larcast~v , Lancae0er County I
My CommissKx; Expires ,krly 23, 20'1 ~ 4
Pennsylvania Assaciation of Notaries
2357708.1 2
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
In the Estate of
Herman E. Miller, ) No. 21-2007-0465
Deceased. )
RECEIPT AND RELEASE WITH ACCOUNT ATTACHED
Herman E. Miller died testate on Apri130, 2007.
Letters Testamentary were granted to Gene P. Otto, IV on May 10, 2007, by the Register
of Wills of Cumberland County.
The first and final account of Gene P. Otto, IV, hereinafter called the fiduciary, is
attached and made a part hereof.
I, the undersigned, being a beneficiary under the will, intending to be legally bound, for
myself and my heirs, personal representatives and assigns, hereby do agree as follows:
1. I acknowledge that I have received from the fiduciary the property set forth after
my name on the distributions schedule of the attached accounting, and additional cash in the
amount of $4,040.25 in full satisfaction of all my interests under the will.
2. I acknowledge that the account attached is complete and accurate, accept it as
conclusive as to all property received by the fiduciary, waive any right to demand a formal court
accounting by the fiduciary, and approve the acts and transactions of the :fiduciary in the
administration of the estate.
3. I release the fiduciary from any suit, payment, claim or liability arising from the
administration of the estate.
4. In consideration of the distribution to me of the property described in paragraph 1,
I agree to pay the fiduciary any amount, up to the value of the property received, that may be
necessary in the future to discharge any liabilities of the estate.
2357708.1
WITNESS my hand and seal this~'7" ~ day of SE~T~=fit ~ ~-e~--- , 2008.
Witness:
~ ~
r~ ,
(SEAL)
Timothy Miller
STATE OF CALIFORNIA
COUNTY OF
SS:
On this, the day of , 2008, before me, a Notary
Public in and for said State and County, came Timothy Miller, who acknowledged the foregoing
Receipt and Release to be his act and deed and desired the same to be recorded as such.
Witness my hand and notarial seal the day and year aforesaid.
Notary Public
P~P~~
z3s~~os. i 2
~CALdFORN[A~ ALL-PURPOSE ACKNOWLEDGMENT
-- - ~ ~ ~
State of California
County of ~ C.s ~~ ~lfS
On z ` ~s/-i ~ ~OG$ before me, ~~. ~~-r ~...SC~Lt~t'if. ~ ~`f~ ~y ~ ~ I~C._
Date
Here Insert Name and Tille of the Officer '
personally appeared _,~`~ivH~r~2,~~~;G~ ,~2 ~~~s1~f~
Name(s) of igner(s)
who proved to me on the basis of satisfactory evidence to
be the person(aj- whose riame(aj is/afe-subscribed to the
within instrument and acknowledged to me that
he/may executed the same in hisJhexultieir--authorized
capacity(ies}; and that by his/her~ttaei~•signature(s~-on the
instrument the person(s}, or the entity upon behalf of
which the person{s~ acted, executed the instrument.
PETER E. SCf1ECHTEI I certify under PENALTY OF PERJURY under the laws
Commission # 1695249 of the State of California that the foregoing paragraph is
• `~ Notary Public -California ~
los Angeles County - true and correct.
rwy Comm. Expires Sep 22, 2010
WITNESS my find and official seal.
Place Notary Seal Above Jlyt tdlUrfd/ ,~ ~_~
(~ Signature of Notary Public
OPTIONAL
Though the information below is not required bylaw, it may prove valuable to persons n~lying on the document
and coufd prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Number of Pages:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
^ Individual
^ Corporate Officer -Title(s):
^ Partner -- ^ Limited O General
^ Attorney in Fact
_ ^ Trustee Top of thumb here
^ Guardian or Conservator
^ Other:
Signer's Name:
^ Individual
^ Corporate Officer -Title(s): _
^ Partner - ^ Limited O General
^ Attorney in Fact
^ Trustee
^ Guardian or Conservator
^ Other:
Signer Is Representing:
Signer Is Representing:
Top of thumb here
.®2007 National Notary, Association • 9350 Oe Soto Ave., P.O: Box 2402 • Chatsworth. CA 913 t 3-2402 • www.NationalNotaryorg Item #5907 Reorder. CaH To6-Free 1
-600-876;827
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
In the Estate of
Herman E. Miller, ) No. 21-2007-0465
Deceased.
RECEIPT AND RELEASE WITH ACCOUNT ATTACHED
Herman E. Miller died testate on April 30, 2007.
Letters Testamentary were granted to Gene P. Otto, IV on May 10, 2007, by the Register
of Wills of Cumberland County.
The first and final account of Gene P. Otto, IV, hereinafter called. the fiduciary, is
attached and made a part hereof.
I, the undersigned, being a beneficiary under the will, intending t~o be legally bound, for
myself and my heirs, personal representatives and assigns, hereby do agree as follows:
1. I acknowledge that I have received from the fiduciary the property set forth after
my name on the distributions schedule of the attached accounting, and additional cash in the
amount of $4,040.25 in full satisfaction of all my interests under the will.
2. I acknowledge that the account attached is complete and accurate, accept it as
conclusive as to all property received by the fiduciary, waive any right to demand a formal court
accounting by the fiduciary, and approve the acts and transactions of the fiduciary in the
administration of the estate.
3. I release the fiduciary from any suit, payment, claim or liability arising from the
administration of the estate.
4. In consideration of the distribution to me of the property described in paragraph 1,
I agree to pay the fiduciary any amount, up to the value of the property received, that may be
necessary in the future to discharge any liabilities of the estate.
2357708.1
WITNESS my hand and seal this ~i „:,t.~.
Witness:
day of ~j-t-'---~~~--+~~ , 2008.
f~
(SEAL)
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF ~ ~-sr~ll,,f )
On this, the ~ T day of ~4 ~~' , 2008, before me, a Notary
Public in and for said State and County, cam Sharon P. McCullough, who acknowledged the
foregoing Receipt and Release to be her act and deed and desired the same to be recorded as
such.
Witness my hand and notarial seal the day and year aforesaid.
~ ~, ~ p
Notary Publi
COMMONV1rEAL~i N GF PENNSYLVANIA
Notarial Seal
William F. Pa!a!~?s, Jr.., P!o!arr ry~,blic
Cumberland i ~vp,. r+C.<>rnti ~~:nunty
My Commission Expires Nov. 10, 2009
Member, Pennsylvania Association of Notaries
2357708.1 2
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
In the Estate of
Herman E. Miller, ) No. 21-2007-0465
Deceased.
RECEIPT AND RELEASE WITH ACCOUNT ATTACHED
Herman E. Miller died testate on April 30, 2007.
Letters Testamentary were granted to Gene P. Otto, IV on May 10, 2007, by the Register
of Wills of Cumberland County.
The first and final account of Gene P. Otto, IV, hereinafter called the fiduciary, is
attached and made a part hereof.
I, the undersigned, being a beneficiary under the will, intending to be legally bound, for
myself and my heirs, personal representatives and assigns, hereby do agl-ee as follows:
1. I acknowledge that I have received from the fiduciary the property set forth after
my name on the distributions schedule of the attached accounting, and additional cash in the
amount of $ 3,847.51 in full satisfaction of all my interests under the will..
2. I acknowledge that the account attached is complete and accurate, accept it as
conclusive as to all property received by the fiduciary, waive any right to demand a formal court
accounting by the fiduciary, and approve the acts and transactions of the fiduciary in the
administration of the estate.
3. I release the fiduciary from any suit, payment, claim or liability arising from the
administration of the estate.
4. In consideration of the distribution to me of the property described in paragraph 1,
I agree to pay the fiduciary any amount, up to the value of the property received, that may be
necessary in the future to discharge any liabilities of the estate.
2357708.1
WITNESS my hand and seal this ~p day of ~/. ~~s%'~ , 2008.
Witness:
(SEAL)
Regin filler
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF S c 14~y lllr // )
On this, the ,~a day of ~~, UsT , 2008, before me, a Notary
Public in and for said State and County, ac me Regina Miller, who acknowledged the foregoing
Receipt and Release to be her act and deed and desired the same to be recorded as such.
Witness my hand and notarial seal the day and year aforesaid.
~=
Nota~ic
COMMONWEALTH Of PfNNSYLYANIA
Np R4Al SEAL
~~{,~ J. FRIE, NOTARY PUBLIC
~yryACOMM SSIONE I(PCIRES MAYL15o2012
2357708.1 2
ESTATE OF HERMAN E. MILLER
SCHEDULE OF DISTRIBUTION
Assets available for distribution:
Per "Principal Distributions" schedule of accounting, net
of tangible personal property and specific gifts of
orchestra assets
Per "Income Distributions" schedule of accounting
Cash balance
1 /4 To Regina Miller:
Cash paid previously (Ohio Casualty premium refund) $ 36.00
Cash paid previously (Verizon dividend) 156..74
Cash paid OS-08-08 37,500.00
Cash paid herewith 3,847.51
1 /4 To Tim Miller:
Cash paid OS-08-08
Cash paid herewith
1 /4 To Sharon McCullough:
Cash paid OS-08-08
Cash paid herewith
1 /4 To Karen Otto:
Cash paid OS-08-08
Cash paid 06-16-08
Cash paid herewith
$37,500.00
4,040.25
$37,500.00
4,040.25
$37,500.00
2,500.00
1,540.25
$152,536.00
156.74
13,468.26
$166.161.00
$ 41,540.25
$ 41,540.25
$ 41,540.25
$ 41,540.25
X166,161.00
2349993. I
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
In the Estate of
Herman E. Miller, No. 21-07-0465
Deceased.
FIRST AND FINAL ACCOUNT OF
GENE P. OTTO, IV, EXECUTOR
Date of Death: April 30, 2007
Letters Testamentary Granted: May 10, 2007
First Complete Advertisement of Grant of Letters: May 25, 2007
Account Stated to: August 7, 2008
SUMMARY
PRINCIPAL:
Receipts $224,604.00
Gain on Conversions 2,967.66
Balance 227,571.66
Disbursements 45,722.02
Balance _
$181,849.64
Distributions 168,916.06
INCOME:
Receipts $ 758.42
Disbursements 67.00
Balance 691.42
Distributions 156.74
COMBINED BALANCE REMAINING
$12,933.58
534.68
13 468.26
2216974.1
PRINCIPAL RECEIPTS
Residence at 506 Park Avenue, New Cumberland, Cumberland
County, Pennsylvania -value per sale price $ 185,000.00
387 shs. Verizon Communications, Inc. @ 38.09 14,740.83
19 shs. Idearc, Inc. @ 34.665 658.64
Homestead 32 Aqua Chalet boat -value per sale price 6,841.54
Trailblazer vehicle -value per sale price 13,000.00
Assets of The Herm Miller Orchestra:
1992 Wells Cargo Trailer -value per sale price 500.00
M & T Bank -checking account 880.06
Household furnishings 2,000.00
U.S. Treasury - VA insurance return of premium 94.20
Allstate Insurance -boat insurance premium refund 100.00
Ohio Casualty -premium refund 36.00
Reimbursement for real estate taxes and trash removal, prorated to
date of sale of residence 752.73
TOTAL PRINCIPAL RECEIPTS $224,604.00
2216974.1 2
CONVERSIONS 1NT0 CASH
Gain Loss
07-25-07 65 shs. Verizon Communications, Inc.
Account value $2,475.85
Proceeds 2,759.95 $ 284.10 $ 0.00
07-25-07 19 shs. Idearc. Inc.
Account value $658.64
Proceeds 660.69 2..05 0.00
08-02-07 _3_22 shs. Verizon Communications. Inc.
Account value $12,264.98
Proceeds 13,946.49 1,681.51 0.00
04-29-08 Residence at 506 Park Avenue New
Cumberland
Account value $185,000.00
Proceeds 186,000.00 1,000.00 0.00
(Jain on Conversions $ 2,967.66 $ 0.00
2216974.1 3
PRINCIPAL DISBURSEMENTS
OS-09-07 M & T Bank -service fee $ 7.50
OS-17-07 Allstate -boat insurance premium 45.00
06-21-07 Allstate -boat insurance premium 45.00
07-11-07 Allstate -boat insurance premium 45.00
08-03-07 Barley Snyder LLC -reimbursement for costs advanced:
Probate fee $310.00
Register of Wills -oath of executor 20.00
Patriot News -estate notice 146.70
Cumberland Law Journal -estate notice 75.00
Postage 5.84 557.54
08-08-07 Allstate -boat insurance premium 45.00
08-16-07 Robin Gasperetti -school tax 1,389.44
08-31-07 Sageworth Trust Company -cash management fee 3.59
09-04-07 Big Bee Boats, Ltd. -fee to transport boat to broker 100.00
09-04-07 Allstate -boat insurance premium 45.00
09-13-07 PPL -electric bill 247.00
09-25-07 Sageworth Trust Company -reimbursement for payment to
Peerless Insurance 208.81
10-10-07 Allstate -boat insurance premium 45.00
10-10-07 PA American Water -water bill 26.79
10-19-07 PPL -electric bill 247.00
11-12-07 Sageworth Trust Company -reimbursement for:
PPL $347.10
PA American Water 27.54 374.64
12-10-07 PPL -electric bill 97.06
12-10-07 Mark Heckman Real Estate Appraisers -appraisal fee 350.00
12-10-07 Barley Snyder LLC -short certificate 4.00
12-18-07 PA American Water -water bill 27.54
12-18-07 Sageworth Trust Company -reimbursement for sewer/trash bill 64.80
01-09-08 PPL -electric bill 428.80
O 1-09-08 PA American Water -water bill 26.00
01-18-08 Register of Wills -filing fee for inheritance tax return 15.00
01-18-08 Register of Wills, Agent -Pennsylvania inheritance tax 5,715.38
01-31-08 Register of Wills -additional probate fee 50.00
O 1-31-08 Barley Snyder LLC -attorney fee 3,100.00
02-OS-08 PPL -electric bill 428.80
02-20-08 Sageworth Trust Company -reimbursement for PA American
Water bill 26.68
02-20-08 New Cumberland Borough -sewer/trash bill 81.90
02-20-08 Sharon M. McCullough -reimbursement for storm doors purchased
at Lowe's 291.38
2216974. I 4
02-25-08 Gene P. Otto, IV -reimbursement for boat appraisal 250.00
03-10-08 PPL -electric bill 451.28
03-10-08 PA American Water -water bill 26.00
03-20-08 IZobin Gasperetti, Tax Collector -county and municipal real estate
tax 689.96
04-07-08 West Shore Surgery Center -Medicare portion of 10-06-OS billing,
previously paid to decedent 303.15
04-08-08 I'A American Water -water bill 26.00
04-08-08 I'PL -electric bill 323.46
04-25-08 I3elco Community Credit -mortgage payoff 17,663.94
04-25-08 I?xpenses of sale of real estate:
Deed preparation $ 150.00
Notary fees 10.00
Courier fees 17.50
Transfer tax 1,860.00
Trash and sewer bills 92.7C! 2,130.20
OS-12-08 Sageworth Trust Company -reimbursement for:
PPL $133.44
PA American Water 28.10 161.54
06-13-08 Regina Miller -reimbursement for home equity loan payments
($2,765.64) and insurance payments ($451.00) made on behalf
of the estate, less medical reimbursement paid to Regina
($59.80) 3,156.84
06-19-08 Sageworth Trust Company -annual tax letter fee 200.00
07-23-08 I3arley Snyder LLC -balance of attorneys' fee 2,700.00
08-07-08 Sageworth Trust Company -administration fee 3,500.00
TOTAL PRINCIPAL DISBURSEMENTS 45 722.02
2216974.1 5
PRINCIPAL DISTRIBUTIONS
To Regina Miller:
Trailblazer vehicle $13,000.00
Cash (Ohio Casualty premium refund) 36.00
Cash paid OS-08-08 37,500.00
To Tim Miller:
Proceeds of sale of 1992 Wells Cargo Trailer 500.00
Balance in Orchestra bank account 880.06
Household furnishings 666.66
Cash paid OS-08-08 37,500.00
To Sharon McCullough:
Household furnishings 666.67
Cash paid OS-08-08 37,500.00
To Karen Otto:
Household furnishings 666.67
Cash paid OS-08-08 37,500.00
Cash paid 06-16-08 _ 2,500.00
TOTAL PRINCIPAL DISTRIBUTIONS $168,916.06
2216974.1 6
INCOME RECEIPTS
Idearc, Inc. -dividend:
06-07-07 $6.51 $ 6.51
Verizon Communications, Inc. -dividend:
OS-01-07 $156.74
08-01-07 156.74 313.48
Federated Tax Free Institutional Shares -interest:
08-01-07 $ 1.74
09-04-07 38.20
10-01-07 41.88
11-01-07 38.93
12-03-07 44.48
12-24-07 1.05 ltcg
12-24-07 0.42 stcg
O 1-02-08 50.41
02-01-08 30.43
03-03-08 17.04
04-01-08 20.47
OS-O1-08 28.10
06-02-08 105.42
07-01-08 19.86 43 8.43
TOTAL INCOME RECEIPTS 758.42
2216974.1 7
INCOME DISBURSEMENTS
04-07-08 PA Department of Revenue
INCOME DISTRIBUTIONS
To Regina Miller:
Cash (Verizon OS-O1-07 dividend)
67.00
156.74
ti
Gene P. Otto, IV, Executor of the
Estate of Herman E. Miller
2216974.1
VERIFICATION
GEN1=? P. OTTO, IV, Executor of the Estate of Herman E. Miller, 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 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. Section 4904 relating to
unsworn falsification to authorities.
Dated: g ` ~ 3 - oZ ~~
u
Gene P. Otto, IV
2216974.1 9