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HomeMy WebLinkAbout05-04-09 (3)IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ESTATE OF JEAN MARCH NO. ~, CCU 6~~~ RIBBER, a/ k/ a JEAN M. RIBBER, DECEASED TYPE OF COURT: Orphans' Court PETITION PURSUANT TO SECTION 3102 OF THE PROBATE ESTATES AND FIDUCIAIRES CODE Filed on Behalf of: Petitioner, Stanley S. Risser Counsel of Record for this Party: WILLIAM J. HABERSTROH, ESQUIRE PA I.D. #10364 3615 Burgoon Road Altoona, Pennsylvania 16602 (814) 944-9486 CHARLES E SHIELDS, III, ESQUIRE 6 Clouser Road Mechanicsburg, Pennsylvania 17055 (717) 766-0209 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ESTATE OF JEAN MARCH NO. ~ ~ Q~~ ~'`~~~- RISSER, ajk/a JEAN M. ~_, RISSER, DECEASED ~~ ``- --, -~ PETITION PURSUANT TO SECTION 3102 _ .,' OF THE PROBATE ESTATES AND FIDUCIARIES CODE " ~ _._, _ _ {E __ ~.::y NOW COMES your Petitioner, STANLEY S. RISSER, by and through his cg4tinsel, WILLIAM J. HABERSTROH, ESQUIRE and CHARLES E. SHIELDS, III, ESQUIRE, and files this Petition for Settlement of a Small Estate, under and pursuant to the provisions of Section 3102 of the Probate Estates and Fiduciaries Code and, in support thereof, avers as follows: 1. That your Petitioner, STANLEY S. RISSER, is a competent adult currently residing at 528 Fairvalley Road, Martinsburg, Blair County, Pennsylvania, and is the son of the above- captioned decedent. 2. That the said JEAN MARCH RISSER, A/K/A JEAN M. RISSER died a widow on the 19~ day of November, 2008, and at that time, was a resident at Messiah Village, 606 West Keller Street, Mechanicsburg, Cumberland County, Pennsylvania. That the said decedent died testate, a copy of said Will is attached and marked as Exhibit "A". 3. The said Charles E. Risser died the 22nd day of May, 1994 thereby leaving your Petitioner as the sole heir and beneficiary. 4. That the only Probate Asset of the decedent at the time of her death was a Checking Account on Deposit with Sovereign Bank, having a balance of $4,226.54. A copy of the said Statement of the Account is attached hereto, made a part hereof and marked as Exhibit "B". 5. Additionally, the sum of $8,692.00 was refunded by the United States Treasury, as a refund on the decedent's 2008 Final Life Tax Return. 6. That the total assets available to the decedent are $12,918.54. 7. That your Petitioner has advanced the payment of the following expenses, which rightfully should be deducted from the aforesaid amount, to wit: (a) $72.97 -Alert Pharmacy -Final Pharmacy Bill; (b) $1.82 - Verizon -Final Phone Bill; (c) $374.22 -Register of Wills, Agent -Inheritance Tax; (d) $15.00 -Register of Wills -Fee to File Inheritance Tax Return; (e) $20.00 -Clerk of Orphans' Court -Fee to file this Petition and Certified Copy of Final Order. 8. That the following expenses are unpaid and will be paid upon receipt of the funds in the account of the decedent as set forth herein, to wit: (a) $1,000.00 -William J. Haberstroh, Esquire -Legal Services in connection with filing this Petition; (b) $10.00 -William J. Haberstroh, Esquire -Administrative Postage; (c) $4,495.80 -Messiah Village, Mechanicsburg, Pennsylvania -Final Nursing Home Bill 9. It has been determined that the decedent did not receive any type of assistance from the Commonwealth of Pennsylvania, Department of Public Welfare. A copy of the letter evidencing this fact is attached hereto and made a part hereof and marked as Exhibit "C". 10. All claims, indebtedness, taxes and obligations of the decedent have been paid and satisfied in full except for those set forth in Paragraph 8 above. Therefore, your Petitioner is entitled to all assets of the estate. WHEREFORE, your Petitioner respectfully prays that an Order be entered authorizing and directing the said Sovereign Bank to pay over unto the Petitioner the balance on deposit with their institution as to Account No. 571120636 as Petitioner is entitled as sole heir. Respectfully su ~ / i Attor~~or Petitioner PA LD. #10364 COMMONWEALTH OF PENNSYLVANIA COUNTY OF BLAIR SS Before me, a Notary Public in and for said county and commonwealth, personally appeared STANLEY S. RIBBER, who being duly sworn according to law, deposes and says that the facts set forth in the foregoing Petition are true and correct to the best of his knowledge, information and belief. •~ ~,_ A ~~. .~ STANL ~ S. RIBBER Sworn to and subscribed before me this ~ day of April, 2009. ~~ Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Lisa A. Creamer, Notary Public City of Altoona, Blair County MY Commia+don F.xpins Nov. 27, 2012 M~n~r, Pennsylvania gstodatbn of Notaries LAST WILL AND TESTAMENT OF JEAN MARCH KISSER I, JEAN MARCH KISSER, of the Borough of Mechanicsburg,County of Cumberland and State of Pennsylvania, being of sound and dis- posing mind, memory and understanding, do make, publish and de- clare this my Last Will and Testament, hereby. revoking and making void any and all prior Wills by me at any time heretofore made.. 1. I direct the payment of all my just debts and funeral expenses as soon after my decease as the same can conveniently be done. 2. All the rest, residue and remainder of my estate, real, personal and mixed, of whatsoever nature and wheresoever nature, I give, devise and bequeath unto my dear husband, Charles E. Risser, absolutely and unconditionally. 3- In the event that my said husband should predecease me or should he die at about the same time as I do, such as in an accident common to both of us, then in such event, T give, devise and bequeath my enire estate, of whatsoever nature and wheresoever situate, to my son, Stanley S. Risser, his heirs and assigns, absolutely and unconditionally. LASTLY, I nominate, constitute and appoint my husband, Charles E. Risser, Executor of this my Last Will and Testament, and in the event that my said husband should predecease me or for any reason be unwilling or unable to serve in such capacity, then in such event, I nominate, constitute and appoint my son, Stanley S.. -1- Risser, Executor of this my Last Will and Testament in his place and stead. IN WITNESS WHEREOF, I have hereunto set my hand and seal this ____J',~,~'~~~ day of October, A. D. 19'73. v ~~ ~~ (SEAL) . Jean March Risser Signed, sealed, published and declared by the above named Jean March.Risser, as and for her Last Wi11 and Testament, in the presence of us who have subscribed our names hereto as witnesses, at the request~of said testatrix, in her presence and in the presence of each other. -P~r c~c ~ ~n,~~/ -2- nLl rilcal irrex ~-a-~ A'1"1'Y I~ABERSTROII l~]003 ~- sovereign Bank ,, . STATEMIENT O~ ACCOUNTS •~ ; . ~ ..' ,..T: ~ ::; ~ . ~,,'•: ••: ; r` •~ `~~~• •: - Statement Period 11117(08 TO 1211dJ08 ,;1-87.~`:.,$ipV<,l3~NK;(1-677-768-2265) wv~wsovereignbank.com , 90VE:REIC3N WT~R6ST CHfiGKiNG JEAN M.R/3SER .~«•~~~- :.; ' Account, ~# 571:120636 '.l ~ I...!' . • .. , ~'. y •B8i8llC@B ~ ... ., •. ..' ,.~!y! W~~ ~}Q~~ ~j a~'.~ ~ s~}i~.T+.~t /T'~"~-y'i.a...xr.' ~.q:. ),~{~ y~a a'~ ~..:~5•i!:.:..^,•`~~T'?~'i1~li~;ii11~+~t~;,Y C.~VYaM;C~tL~alt~nWi.r DapoatlsJCredits~~:F'':'-~'°~.:;'' - +$0.33 , Average DailyBalance'• •."' ... •.,, ••'4,281.86 • ,• : . ~. . "" •~ ; .. . ; . interest • =r;:., . ° _. .. .: _... :.. .. -.. w - :.. - - .. ,. ,;~ ~ }};; rlnilatSP;~'.,..~~MMJ)~~ytl~~,a~,a~~~i,~ }~i •; ;c ~.. i i ~...r r~•S; Pi ~ ~. tK~:L~ ti i~ '~~ fib : x I i • ~a •'~ ' . ~~J4'. ~ `I - - - - Earned this Period; r`~;: ~; ••: -'• ' , ~ . .. . , ; i 4 t ~ _ s , . :_ ., I ' ~ . ~1 1 I••i•~ •-•- ' $ 0.33 Paid Lasl Year $8.94 ~•.g(+ : i~$Yy }}~ .+s a }r.+d, ~ i 1 1 y . ~' .~ ,h asn ' 1J'~ ; a s .n? s~e '~ 1' ~ ~ A : :~ti • .i ~ "t m{ a ' 'fa yY: y ' ~~ = %~k l . ~l ; ~ ~ ~ ~ ~ ~' ~ "`~ Y` N "%;•' ,3• - , ,. t y !a , , . ` ;. , n - f „ re . ; 3 : n - ti . 4 ,7~, _! : ;'r •.-a'%c; ~ ' ~`~,~ ~`~*. V ' if'~ ~;n.,7 ti , , •, f m•. 'Tha interest eamed,and the interest paid may d'rffer depending on when Interest is credited to your account. ' ;~; :.j- • Service. F_t3..~ <„~°~~;,, ° Dale # Transactions . Fee To l •• to .. , . •h. .. ' . -'` .. - J.~. _ a~.vu 50.00 . ... 4 - -.`:ter"7°- - _ ''', '[: I . I. '.j :: Ctlecltl~-- - a ''E~AIdN,_. ~ _ Amount. •' Reterent:e itE Check iF~ '.'t; Date Paltl l Amount` " • 17efe n .•> Po~te~l .- ;1 .Ch9Ck(8) ~1'~4,99.1 0. .. , . -• . ~ ` . ., •: • , ,';.An asterisk-("):Indldete8 a skip in sequential check numbers which may be caused by.gne of the toilowing; ' . +' ~ A check hot yel'received . '. .. . .. ~ ~ , : ' .. - ; ~: ;' a :•, , ,. , , . ~ .. ~ . _. ' `r •' : • A check that wag converted lp an electronic transacllon, which will be Ilsled ih Iha "Electronic Checks Polled" ~ ~ • .' °seattorti below: If.ro,phspks were electronically converted, this section will not appear. ; • • . - • • ' ~ ~" • . , . , • "-~' ~, ; :~ ~;uG : • . ~ , ' " • ~ Account.Activ.i ' • Dete~; '' -':.r ,.Qeacription~ Additions' Subtrartlons Balance - , . ' 11-17.; • -: ~=Beginning Balance ~ ~ $4,725.31 ~~~"` r). "~'-!'~I'6'lSTr~h.,~,.`. •~~~'r? I}•~!e'9~~*a: Y', ,ii'-y.'. ^h.'::r ~li;•~jts~;i~', 'w f r, ~KS yYp xn, i •r,~ vy ks::-*I' S.I,- -:: ;:~- ..~,: '~i .'~y 9~ .1, V •'zi':1 ~,' at• ~hi .':~~Q~' ~~J~} BFI.,, • $0.33 12-12 ~:'• '= INT,,EREST CREDIT $4,228,54 121.4 «~'~ ~•~~"'i:~.~Erltllrf Balance 54,226.54 _ .. te''`a . v S' - ... .. ' ~ .. ~ '• .d=. :~~ `Ik^,:v •; 5 ' Y•. e '''tj`L' f l y i , rsy ; ~ t , r - t • page 3 of 4 57I ! 20636 COMMONWEALTH OF PENNSYLVANIA / ~ DEPARTMENT OF PUBLIC WELFARE f ~, BUREAU OF FINANCIAL OPERATIONS l , (( J D1VIS10N OF THIRD PARTY LIABILITY f ~ ,,,ate ESTATE RECOVERY PROGRAM PO BOX 8486 HARRISBURG, PA 17105-8466 February 9, 2009 Vv`ILLIAM J HABERSTROH ESQUIRE 3615 BURGOON RD P.LTOONA PA 16602 Re: JEAN MARCH RIBBER SSN: 179-20-8516 Dear Attorney Haberstroh: Pursuant to your letter dated January 20, 2009, 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 your client applied for Medical Assistance and had an application and/or hearing pending at the time of death, please advise us and provide any additional information that may affect a recovery by our Department. If you have any questions, please feel free to contact me. Sincerely, ~ ~~ . ~~ Carole A. Procope Recovery Section Manager (717)772-6604 FEB 12 2~0~ CHARLES E. SHIELDS, III ATTORNEY-AT-LAW 6 CLOUSER ROAD Corner of Trindle and Clouser Roads MECHANICSBURG, PA 17055 GEORGE M.HOUCK (1917.-1991) May 4, 2009 Register of Wills Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 Via Hand Delivery TELEPHONE (717) 766-0209 FAX (717) 795-7473 Re: Estate of Jean March Risser, a.k.a. Jean M. Risser, deceased Dear Register of Wills: Please find enclosed for filing 2 copies of the Petition Pursuant to Section 3102 of the Probate Estates and Fiduciaries Code filed on behalf of Petition, Stanley S. Risser concerning the Jean March Risser, a.k.a. Jean M. Risser Estate as well as Check No. 16168, in the amount of $20.00 for the filing fee. Thank you for your kind attention to this matter. Very truly yours, ~ .. ~: Charles E. Shields, III Attorney-At-Law CES/mjj Enclosures