HomeMy WebLinkAbout01-15-09DECEDENT'S ESTATE
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COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
ESTATE OF GUY W. ETTER
No. 21-08-0063
DECEASED
PETITION FOR ADJUDICATION /
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 8-19 inclusive; and any instrument pertinent to the adjudication.
INCL UDE ATTACHMENTS AT THE BACK OF THIS FORM.
Name of Counsel: Bradley- L. Griffie, Esquire
Supreme Court I.D. No.: 34349
Name of Law Firm: Griffie & Associates
Address: 200 North Hanover Street, Carlisle, PA 17013
Telephone: (717) 243-5551
Fax: (7171243-5063
Form OC-01 rev. 10.13.06 Page 1 of 10
~;
Estate of GUY W. ETTER
1. Name(s) and address(es) of Petitioner(s):
Name. Guy W. Etter, Jr.
Newville, PA 17241
Mildred L. (D.) Chestnut
Deceased
23 Etter Road
Address: 140 Bridge Road
Newburg, PA 17240
Identify any executors or administrators who have not joined in the Petition for
Adjudication and Statement of Proposed Distribution and state reason:
Is this the first accounting by this fiduciary? ..................... m Yes ~ No
If not, identify prior accountings, the accounting periods covered, and the date of
adjudication of the prior accounting.
2.
Decedent died on January 7, 2008
Letters Testamentary or OLetters of Administration were granted to Petitioner(s) on
Date of Will (if applicable): August 10, 2000
Date(s) of Codicil(s) (if applicable): None
Date of probate (if different from date Letters granted):
Was a bond required? [Yes m No If yes, state amount:
Are proofs of advertising of the grant of Letters attached? ......... ®Yes ~ No
Dates of advertising of the grant of Letters: The Sentinel: January 30, February 6 and
13, 2008; Cumberland Law Journal: February 1, 8 and 15, 2008
Form OC-Ol rev. 10.13.06 Page 2 of 10
Estate of GUY W. ETTER
Deceased
3. Was decedent survived by a spouse? ............................. Yes m No
If yes, name of the surviving spouse:
4. Has the surviving spouse filed to take an elective share? ............. Yes ~ No
(See Section 2201 et sic. 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):
Not applicable
6. Did decedent marry after execution of Will or Codicil(s)? ........... ~ Yes ~ No
Were any children born to decedent after execution of
Will or Codicil(s)? ........................................... ~ Yes m 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-O7 ret~. 10.13.06
Page 3 of 10
Estate of GUY W. ETTER
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 oi.' 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 Parry in Interest
Guy W. Etter, Jr.
140 Bridge Road
Newville, PA 17241
and
Son ~ 1 /7
Mildred L. (D.) Chestnut
23 Etter Road
Newburg, PA 17240
Daughter ~ 1 /7
Form OC-Ol rev. ]0.13.06 Page 4 of 10
Estate of GUY W. ETTER
Name and Address of Each Party in Interest ~ Relationship and
Barbara M. Schock Daughter 1/7
150 Bridge Road
Newville, PA 17241
See attached sheet for
additional heirs
Deceased
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 Guardian/Trustee Ad Litem has or has not been filed for
this Audit (see Pa. O.C. Rule 12.4).
Not applicable
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.
Not applicable
Form OC-Ol rev. 10.13.06 Page 5 of 10
Estate of GUY W. ETTER
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 and Address of Each Claimant Amount of Claim Claim Will Claim
Admitted? Be Paid In
Full?
DYes ~ Yes
~No 0 No
Yes ~ Yes
~No ~ No
Yes ~ Yes
ONo 0 No
Yes ~ Yes
ONo ~ No
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 mNo
Was family exemption allowed? ................................ Yes ~No
Family exemption claimant's name and relationship:
Name:
Relationship:
Form OC-01 rev. 10.13.06 Page 6 of 10
Estate of GUY W. ETTER
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
4/2/08
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:
None
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.
16,650.00 .00
Form OC-01 rev. 10.13.06 Page 7 of 10
Estate of GUY W. ETTER
Deceased
16. Had the decedent been adjudicated an incapacitated person? .......... m Yes ~ No
If yes, attach a copy of the Order if available; otherwise state the 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.
None
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.
Am°"nt: 300.00
P"rp°Se~ Preparation and filing of 2008 Fiduciary Income Tax Return
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
As to real estate only? ........................................ Yes m No
Form OC-Ol rev. IO.I3.06 Page 8 of 10
Estate of GUY W. ETTER
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:
Proposed Distributee(s)
Guy W. Etter, Jr.
Mildred L. (D.) Chestnut
See attached sheet for additional heirs
B. Principal:
Proposed Distributee(s)
Guy W. Etter, Jr.
Mildred L. (D.) Chestnut
See attached sheet for additional heirs
Amount/Proportion
1/7
1/7
Amount/Proportion
1/7
1/7
Submitted By:
(All petitioners must sign.
Add additional lines if necessary):
Name of Petitioner: Guy W. tter, Jr.
Name of Petitioner: Mildred L. (D.) Chestnut
Form OC-Ol retie 10.13.06 Page 9 of 10
Estate of GUY W. ETTER
Verification of Petitioner
(Verification must be by at least one petitioner.)
Deceased
The undersigned hereby verifies * [that heishe is tare
of the above-named name of corporation and] that the facts set
forth in the foregoing Petition for Adjudication /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).
./`•/ C.GI .~.~ .~
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 been made beyond the
responses herein.
Form OC-0I rev. 10.]3.06 Page 10 of 10
PETITION FOR ADJUDICATION/STATEMENT OF
PROPOSED DISTRIBUTION PURSUANT TO
Pa. O.C. Rule 6.9
9.A. (Additional Heirs)
Robert L. Etter Son 1/'7
16 Parsonage Street
Newville, PA 17241
Richard G. Etter Son 1/7
17 Etter Road
Newburg, PA 17240
Mary D. Stets Daughter 1/7
15 Etter Road
Newburg, PA 17240
Troy Miller Grandson 1/7
848 West Old York Road
Carlisle, PA 17013
19.A. and 19.B. (Distribution)
Barbara M. Schock 1/7
150 Bridge Road
Newville, PA 17241
Robert L. Etter 1/7
16 Parsonage Street
Newville, PA 17241
Richard G. Etter 1/7
17 Etter Road
Newburg, PA 17240
Mary D. Stets 1/7
15 Etter Road
Newburg, PA 17240
Troy Miller 1/7
848 West Old York Road
Carlisle, PA 17013
i
J
LAST WILL AND TESTAMENT ~ __
~,
OF - , -~
GUY W. ETTER, SR. ~ `~;
I, GUY W. ETTER, SR., of 33 Etter Road, Newburg, Cumberland County, Peiulsylvania,
being of sound and disposing mind, memory and understanding, do make, publish and declare this
to be my Last Will and Testament, hereby revoking and making void all previous Wills and Codicils
heretofore made by me.
I order and direct my personal representative hereinafter named to pay all of my just debts,
funeral expenses and expenses involved or coimected with the administration of my estate as soon
after my death as is reasonably possible. However, my personal representative need not accelerate
and pay those unmatured obligations which, in lus, her or its opiiuon, it might be proper and more
advantageous to retain or renew and pay as they become due and payable. If I do not own a burial
plot or a grave marker at the time of my death, I authorize my personal representative, in his, her or
its sole discretion, to purchase a burial plot acid to erect a suitable grave marker at my grave, and to
expend sums from my estate for this purpose.
2
I give, devise and bequeath all of my estate together with all insurance proceeds thereon of
whatsoever nature alid wheresoever situate in equal shares to my children, GUY W. ETTER, JR.,
of Upper Frankford Township, Newville, Cumberland County, Pennsylvania, MILDRED D.
CHESTNUT, of Newburg, Cumberland County, Pemnsylvania, BARBARA M. SCHOCK, of
Upper Frankford Township, Newville, Cumberland County, Pennsylvania, ROBERT L. ETTER,
1
LAST WILL AND TESTAMENT OF GUI' W. ETTER, SR.
ofNewburg, Cumberland CountS~, Pennsylvania, RICHARD G. ETTER, ofNewburg, Cumberland
County, Pennsylvania, MARY D. STETS, ofNewburg, Cumberland County, Pemisylvania, and my
grandson, TROY MILLER, ofNewburg, Cumberland County, Pemisylvania, who survive me by
sixty (60) days per stirpes. It is further my desire that my personal representative, after consultation
with any heir or heirs of mine who survive me, gild in his, her or its own discretion, choose such
articles from my tangible personal property (exclusive of cash, stock certificates, bonds, and all other
tangible evidences of intangible personal property) as he, she or it believes will be useful to such heir
or heirs or desirable for him or her or them to have, either from a sentimental point of view or
otherwise, and to deliver such articles to such heir or heirs or among such heirs in equal or unequal
shares as determined by the further exercise of his, her or its discretion, provided no other heir
objects to the distribution. All tangible personal property not so distributed is to be sold, either
publicly or privately, by my personal representative, adding the proceeds of such sale or sales to my
residuary estate and to be disposed of in equal shares among my surviving heirs after payment of my
estate debts, taking into account the tangible personal property otherwise provided to them.
I grant my personal representative the following powers in addition to and not in limitation
of such powers as my personal representative shall hold bylaw:
(a) To retain all property received including the stock of any corporate fiduciary acting
hereunder, provided such property remains productive.
(b) To join in any corporation, partnership, recapitalization, merger, reorganization or
voting trust plan; to delegate authority with respect thereto; to deposit investments
under agreements and pay assessments; and generally to exercise all rights of
investors, including but not limited to, the voting of shares.
(c) To manage, operate, repair, improve, mortgage or lease on any tern7s any real estate
held or owned by my estate.
2
LAST WILL AND TESTAMENT OF GUY VV. ETTER, SR.
(d) To operate any business that I may own at my death.
(e) To invest any funds of my estate in any stocks, bonds, notes or other securities or
property, real or personal, without regard to the principle of diversification or any
other statute or general rule of law in his, her or its absolute discretion, it being my
intention to give my personal representative the broadest investment powers possible,
providing such investments do not unnecessarily prevent the prompt settlement of my
estate.
(f) To sell or otherwise dispose of any property, real or personal, tangible or intangible,
at any tune forming a part of my estate in airy manner and on such terms and
conditions as my personal representative shall see; fit in his, her, or its absolute
discretion.
(g) To borrow money for the payment of taxes or for any other proper purposes in the
admiiustration of my estate, and to mortgage or pledge estate assets as security.
(h) To compromise claims without court approval including, but not limited to, any
controversies with the United States of America or the Commonwealth of
Pemisylvania concerning estate and inheritance taxes on any interests that may pass
under this my Last Will and Testament.
(i) To distribute in cash or in kind upon any division or distribution of my estate.
(j) To undertake any and all acts deemed necessar/ acid proper by my personal
representative for the proper, advantageous and prompt management of the
settlement of my estate.
(k) In general, to exercise all powers in the management of my estate which any
individual could exercise in the management of similar property owned in 1us own
right, upon such terms and conditions as to him, her or it may seem best and to
execute and deliver all instruments and to do all acts which he, she or it deems
necessary or proper to carry out the purposes of this, my Last Will and Testament.
3
LAST WILL AND TESTAMENT OF GUY W. ETTER, SR.
4
No interest of airy beneficiary of my estate, either in income or in principal, shall be subject
to anticipation or pledge, assignment, sale or transfer in any mamier, nor shall any beneficiary have
the power in any manner to charge or encumber his interest either in income or principal, nor shall
the interest of any beneficiary be liable or subject in any manner while in the possession of my
personal representative for the liability of such beneficiary.
5
I nominate, constitute and appoint my son, GUY vV. ETTER, JR., and my daughter,
MILDRED D. CHESTNUT, as Co-Executors of this my Last Will and Testament. I direct that my
personal representatives shall not be required to give or post bond for the faithful performance of his,
her or its duties in this or any other jurisdiction.
6
I hereby declare it to be my express desire that my personal representative employ the law
fine of Michael J. Hanft, Esquire, of Cumberland County, Pennsylvania, for legal advice and
assistance regarding this my Last Will and Testament, they having considerable knowledge of my
affairs, views and wishes respecting any matters that may arise at the probate of this instrument, the
administration of my estate, and the execution of the powers herein mentioned. Any mention of
Michael J. Hanft, Esquire in this my Last Will and Testament, is my free and voluntary act and
through no influence by any person.
4
LAST V4~ILL AND TESTAMENT OF GUY W. ETTER, SR.
IN WITNESS WHEREOF, I have hereunto set my hand to this my Last Will and Testament
this .~ day of August, 2000.
WITNESS:
~1J'
Guy W. tier, S .
lP,._u ~ /,cJ,z.P~~_
5
LAST WILL AND TESTAMENT OF GUY W. ETTER, SR.
ACKNOWLEDGMENT
COMMOI~TuTEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
I, Guy W. Etter, Sr., the Testator, whose name is signed to the attached or foregoing
instrument, having been duly qualified according to law, do hereby acknowledge that I signed and
executed the instrument as my Last Will and Testament; that I signed it willingly, and that I signed
it as my free and voluntary act for the purposes therein expressed.
/NJ'
Guy W. Etter, S •.
r Swom or affirmed and acknowledged before me by Guy W. Etter, Sr., the Testator,this
l7 day of August, 2000.
~~
NotarialNotary Public
Denise L. Nye, Cumberland County
South MiddletonTwp., Tres Feb. 26, 2001
My Commission Exp'
Member, PennsyNaniaAssociationof Notaries
6
LAST WILL AND TESTAMENT OF GUY W. ETTER, SR.
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
~~ /'t? ~Lt~~Ct, ~,. and _-~~ C ~,~~~c ~~~ ,the
witnesses whose names are attached to the foregoing document, being duly qualified according to
law, do depose and say that we were present and saw Guy W. Etter, Sr., the Testator, sign and
execute the instrument as his Last Will and Testament; that he signed willingly and that he executed
it as his free and voluntary act for the purposes therein expressed; ghat each subscribing witness in
the hearing and sight of the Testator signed the Last Will and Testanent as witnesses and that to the
best of our knowledge the Testator was at the time 18 or more years of age, of sound mind and under
no constraint or undue influence.
-1~2~~~~~9"
Swonl or affirmed and subscribed before me by M ~~ ~~,°L ~" ~'f~r' and
~,C fi^ Gam, ~,(,~~~~c,~ this ~~ ~~ day of August, 2000.
Notarial Seal Public
Denise L. Nye, Notary
Cumberland County
South Middleton Twp.,
My Commission Expires Feb. 26, 2001
Member, Pennsylvania Association of Notaries
F'\User Folder\Firm Docs\R~ills\I 184-2gwe.will.wpd
7
PROOF OF PUBLICATION
State of Pennsylvania, County of Cumberland
Troy Whitesel, Classified Sales Mana}?er, of The Sentinel, of the County and State
aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of
general circulation in the Borough of Carlisle, County and State aforesaid, was
established December 13th, 1881, since which date THE SENTINEL
has been regularly issued in said County, and that the printed notice or publication
attached hereto is exactly the same as was printed and published in the regular
editions and issues of THE SENTINEL on the following day(s)
January 30, February 6 & 13, 2008.
COPY OF NOTICE OF PUBLICATION
EXECUTORS NOTICE
Letters Testamentary on the Estate of GUY W. ETTER,
late of Upper Mifflin Township, Cumberland County,
Pennsylvania, deceased, have been granted to the
undersigned.
All persons knowing themselves to be indebted to said
Estate will make payment immediately, and those
having claims will present them for settlement to:
Guy W. Etter, Jc, Co-Executor
Mildred L. Chesnut, Co-Executrix
c/o Bradley L. Griffie,'Esquire
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551 °
(800)347-5552
Affiant further deposes that he/she is not
interested in the subject matter of the
aforesaid notice or advertisement, and that
all allegations in the foregoing statement
as to time, place and character of
publication are true.
Sworn to and subscribed before me this
13th. day of February, 2008.
Notary Publ
My commission expires: '711 ~DO
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Christina L. Wdfe, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires Sept 1,2008
Member. Pennsylvania Aasociafinn Of Notaries
PROOF OF PUBLICATION OF NO'CICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss.
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,
vlz:
February 1, February 8 and February 15 2008
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of genera] 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.
r~
Lisa a e Coyne Editor
SW AND SUJ3SCRIBED before me this
15 day of February, 2008
Notary
Etter, Guy W., deed.
Late of Upper Mifflin Township.
Executors: Guy W. Etter, Jr. and
Mildred L. Chestnut c/o Bradley NGTARIAL SEAL
L. Griffie, Esquire, Griffie & As- DEBORAH A COLlINS
sociates, 200 North Hanover Nolory Public
Street, Cazlisle, PA 17013, (717) CARlISlE @ORO, CUMBERLAND COUNTY
243-5551, (800) 347-5552. My Commission Expires Apr 28. 2010
Attorneys: Bradley L. Griffie, Es-
quire, Griffie & Associates.
C~ RI~~IE ~ 7l.SSOCI.~~~S
Attorneys and Counselo~~s at Lcrn~
20U North Hanover Street
Esquire
Bradlee L
Griffie Carlisle, PA 17013
.
. (717)243-551
Hannah Herman-Snyder, Esquire
l0U Lincoln Wa~~ East, Suite D
Robin J. Bassett Chambersburg, PA 17201
Office Manager (717j 267-1350
Belly L. Perez (800) 347-5552
Legal Assistant January 14, 2009 Fax (717) 243-5063
Reply to: Carlisle
Guy W. Etter, Jr. Mildred D. Chestnut
140 Bridge Road 23 Etter Road
Newville, PA 17241 Newburg, PA 17240
Barbara M. Schock Robert L. Etter
150 Bridge Road 16 Parsonage Street
Newville, PA 17241 Newville, PA 17241
Richard G. Etter Mary D. Stets
17 Etter Road 15 Etter Road
Newburg, PA 17240 Newburg, PA 17240
Troy Miller
848 West Old York Road
Carlisle, PA 17013
RE: Estate of Guy W. Etter, Sr.
Dear Ladies and Gentlemen:
Enclosed herein please find a copy of the First and Final Accounting that we are
filing in the above referenced estate, as well as a copy of the Petition for Adjudication.
These two documents will be submitted to the Register of Wills Office on or before
January 30`h. This will allow for the Court to approve the aca~unting when they confirm
accounts on March 3, 2009.
If you have objection to the Accounting, you must file written objection prior to
that date so that it can be addressed by the Court.
After approval by the Court on March 3`d, we will make additional disbursement
of funds to the seven of you as heirs pursuant to the terms of the First and Final
Accounting.
Your attention is appreciated.
Very truly yours,
Bradley L. Griffie
BLG/rjb
Enclosure
IN THE MATTER OF IN THE COURT OF COMMON PLEAS OF
GUY W. ETTER, AN ALLEGED :CUMBERLAND COUNTY, PENNSYLVANIA
INCAPACITATED PERSON
21-05-808 ORPHANS' COURT
ORDER OF COURT
AND NOW, this day of November, 2005, following a hearing on
the merits, and finding that Guy W. Etter, born March 14, 1917, is totally and
permanently incapacitated and in need of a guardian of both his person and his estate,
IT IS ORDERED:
(1) Mary D. Stetz is appointed plenary guardian of the person and plenary
guardian of the estate of Guy W. Etter.
(2) For as long as the guardian is living in the home of Guy W. Etter, and caring
for him, she may extend estate funds for the payment of food for herself and members
of the household.
(3) Mary D. Stetz is not authorized to sell or otherwise dissipate the real estate
of Guy W. Etter without court approval.
(4) Mary D. Stetz is not authorized to expend any estate funds for gifts.
(5) The guardian shall serve without the posting of bond.
Harold S. Irwin, III, Esquire
For Guy W. Etter, Jr.
Jered L. Hock, Esquire
For Guy W. Etter
~~~
~~"~.
IN THE MATTER OF IN THE COURT OF COMMON PLEAS OF
GUY W. ETTER, AN ALLEGED :CUMBERLAND COUNTY, PENNSYLVANIA
INCAPACITATED PERSON
21-05-808 ORPHANS' COURT
AMENDED ORDER OF COURT
AND NOW, this Q ~ day of November, 2005, this court's order of November 7,
2005, is amended to reflect that the correct spelling of the last name of the plenary
guardian is STETS. In all other respects, the order shall remain in full force and effect.
i.' ~
~~ Harold S. Irwin, III, Esquire
-~ '' For Guy W. Etter, Jr.
-<,- ~:
-_` ~__. /~Jered L. Hock, Esquire
-~ ~ f,~ For Guy W. Etter
~~'
By the Court; -~y ;;,
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Edgar B. Bay ey, J.
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In re: IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Guy W. Etter, :ORPHAN'S COURT DIVISION
late of Upper Mifflin Township No. 2008-00063
Cumberland County, Pa., deceased PA No. 21-08-0063
DATE OF DEATH: January 7, 2008
LETTERS GRANTED: January 17, 2008
FIRST COMPLETE ADVERTISEMENT February 13, 2008
OF GRANT OF LETTERS
DISTRIBUTION OF ESTATE IS INCLUDED IN ACCOUNTING
DISTRIBUTION AMOUNT IS $370,771.00
GROSS VALUE OF ESTATE IS $433,583.47
ACCOUNTING FOR THE PERIOD January 17, 2008 through
Purpose of the Account: Guy W. Etter, Jr. and Mildred L. (D.) Chestnut, Co-Executors, offer this
accounting to acquaint interested parties with the transactions that have occurred during their
administration.
The Account also indicates the proposed distribution of the Estate,.
It is important that the Account be carefully examined. Requests for additional information, questions
or objections can be discussed with:
Bradley L. Griffie, Esquire
Attorney for Petitioners
200 North Hanover Street
Carlisle, PA 17013
(717)243-5551 ,--,
(800)347-5552 `~- ~ ~'
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PRINCIPAL ASSETS RECEIVED
REAL ESTATE
1. 33 Etter Road, Newburg, PA $288,000.00
Subtotal $288,000.00
CASH AND BANK DEPOSITS:
1. M&T Bank $ 28,719.81
Checking Account No. 9841942676
2. M&T Bank 71,225.97
Certificate of Deposit No. 031003915002065
3. M&T Bank 6,528.24
Certificate of Deposit No. 031003915002073
Subtotal $106,474.02
PERSONAL PROPERTY AND VEHICLES:
1. Personal Property (Auction) $ 31,672.00
2. Baseball Cards (Appraised) 1,415.00
3. Travel Camper (Sold) 2,700.00
Subtotal $ 35,787.00
ADDITIONAL RECEIPTS:
1. Homeowner's Insurance Refund
2. V.F.W. Post 421 Contribution
3. Adams Electric Patronage Capital Retirement
4. Automobile Insurance Refund
5. American Legion Death Benefit
6. Adams Electric Cooperative Refund
125.00
100.00
47.82
167.00
100.00
180.46
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7. Shippensburg V.F.W. Death Benefit
8. Campground Security Deposit Refund
9. IRS Stimulus Check
10. Adams Electric Compensation Stock Investment
Subtotal
GAINS AND LOSSES ON LIQUIDATIONS AND OTHER DISPOSITIONS:
LOSSES/COSTS:
None
GAINS:
1. Tax proration from settlement $ 246.92
2. Post death interest on accounts (net) .59
INTEREST ACCRUED ON ESTATE CHECKING ACCOUNT:
4/6/08 $ 14.45
5/5/08 12.69
6/5/08 19.02
7/6/08 48.56
8/5/08 62.73
9/7/08 68.84
10/5/08 58.41
11/5/08 44.50
12/07/08 14.87
1/5/09 13.51
$ 2,848.65
$247.51
Subtotal $357.58
Total Principal of Estate with Adjustments
300.00
420.00
600.00
808.37
$433,714.76
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DISBURSEMENTS OF PRINCIPAL
DEBTS OF DECEDENT:
1. Adams Electric Cooperative (electric bill) $ 204.47
2. Post death checks processed through checking account 248.54
3. Kough's Oil Service (heating oil) 305.90
4. Embarq (final telephone bill) 50.13
5. Adams Electric Cooperative (electric bill) 301.41
6. United States Treasury (2007 Personal Taxes) 411.00
Subtotal
FUNERAL EXPENSES:
1. Egger Funeral Home, Inc. $7,560.00
2. Eby Granite Works (engraving) 110.00
Subtotal
ADMINISTRATIVE EXPENSES AND COSTS:
1. Attorney's fees to Griffie & Associates $6,000.00
2. Probate fees 840.00
3. Advertising-Cumberland Law Journal 75.00
4. The Sentinel 158.62
5. Auctioneer's expense (personalty and. realtyl 14,566.98
6. Pre-sale repairs to auctioned personal property 603.01
7. Laborer's at auction 120.00
8. Executors' expenses 62.63
9. Baseball Card appraisal 60.00
10. Pro-rated rent for Delaware campsit 1,245.64
$1,521.45
$7,670.00
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11. Real Estate settlement costs 2,880.00
12. 2008 Real Estate taxes 286.44
13. Real Estate tax proration correction 28.81
14. Executor's commission 10,000.00
15. Accountant fees for preparation of 1041 Tax Return 300.00
(Reserved)
Subtotal $37,227.13
TAXES:
Pennsylvania Inheritance Tax $17,380.71
Less Discount - 869.04
Subtotal $16,511.67
Total Disbursement of Principal $62,930.25
PRIOR IN KIND DISTRIBUTIONS
1. Baseball Cards to:
(A) Richard G. Etter $ 540.00
(B) Robert L. Etter 450.00
(C) Barbara M. Schock 425.00
Subtotal $1,415.00
NET ASSETS/PROCEEDS AVAILABLE FOR DISTRIBUTION
TOTAL $369,369.51
PROPOSED DISTRIBUTIONS TO TESTAMENTARY BENEFICIARIES
AFTER ACCOUNT CONFIRMATION
Guy W. Etter, Jr. $52,969.22
Interim disbursement -30,000.00
Balance due $22,969.22
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Mildred L. (D.) Chestnut $52,969.22
Interim disbursement -30,000.00
Balance due $22,959.22
Barbara M. Schock $52,544.22
Interim disbursement -30,000.00
Balance due $22,544.22
Robert L. Etter $52,519.22
Interim disbursement -30,000.00
Balance due $22,519.22
Richard G. Etter $52,429.21
Interim disbursement -30,000.00
Balance due $22,429.21
Mary D. Stets $52,969.21
Interim disbursement -30,000.00
Balance due $22,969.21
Troy Miller $52,969.21
Interim disbursement -30,000.00
Balance due $22,959.21.
Total Share of Distribution
TOTAL PROPOSED DISTRIBUTION OF
PRINCIPAL AND INCOME:
100%
$369,369.51
Guy W. Etter, Jr. and Mildred L. (D.) Chestnut of the Estate of Guy W. Etter, deceased, hereby
declare under oath that they have fully and faithfully discharged the duties of their office; that the
foregoing First and Final Account and Schedule of Distribution is true and correct and fully discloses all
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significant transactions occurring during the accounting period, that all known claims against the Estate
have been paid in full, that to their knowledge, there are no claims now outstanding against the Estate;
and that all taxes presently due from the Estate have been paid.
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....,,.....~..... Guy W. Etter, Jr., Co-Ex cutor
NOTAliAt ~
C/M11~#1d10Y011.C11~~M0 M~dred L. (D.) Chestnut, Co-Executor
NIA ConMn11~1on ~tpkM Jan !. !01!
Sworn and subscribed before me,
This ~~day of ,.~ c • r , 2009
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I hereby certify that written notice of the filing of this Account, and of the date, time and place when
the same will be presented to the Court for confirmation and of the last day to file written objections
to said Account, has been given to every unpaid claimant and to every other person known to the
accountant to have or claim an interest in the estate as creditor, beneficiary, heir, or next of kin.
/l s i
Brad Gx~ie, Esquire
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