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HomeMy WebLinkAbout03-26-10~~ t,~,r''~,~ 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO.21-08-808 FIRST AND FINAL ACCOUNT OF RUTH THOMAS PRITCHARD AND LISA R. TADDEI, CO-ADMINISTRATORS FOR THE ESTATE OF WILLIAM T. PRITCHARD LATE OF CARLISLE BOROUGH Date of Death: July 17, 2008 Date of Administrators Appointment: August 1 1, 2008 Advertising Grant of Letters: The Sentinel: August 16, 23 & 30, 2008 Cumberland Law Journal: August 22, 29 & September 5, 2008 Accounting Period: July 17, 2008 to March 15, 2010 Purpose of Account: The Co-Administrators offer this Account to acquaint interested parties with the transactions that have occurred during their administration of the estate. This estate is insolvent and no distributions beyond those which have been made are proposed. It is important that the account be carefully examined. Requests for additional information or questions or objections can be discussed with: Esquire Scherer Michael A ~.- ~ , . ~ ~ _ : z 19 West South Street `-;:> ~? ~' ~~ J ~~ ~ F`.. ~`1 ".. / l l ~ Carlisle, PA 17013 ' '~ ;_ ~ ~ _ ~ ~~' yo ~ (717) 249-6873 '` r'~ ~ ru ~ ' ~ ' .,~„; , 7 r ~ _-~ r. ~~ ~~ ~ 3 ~ Q SUMMARY OF ACCOUNT PRINCIPAL INCOME COMBINED BALANCE ON HAND AUDIT NOTICE Page $27,313.57 0.00 323.17 VERIFICATION RECEIPTS OF PRINCIPAL A. Real Estate : 287 North Pleasant Street, Canadaugia, NY $ 87,203.00 This property was the subject of a mortgage foreclosure action and the mortgage lender, M&T Bank, recently purchased the property at a sheriff s sale. Prior to the foreclosure action, the administrators were making the monthly mortgage payments and had listed the property for sale with a realtor. An offer of $89,900.00 was made on the property, which was approximately what was owed on the property at the time. A short sale would have had to have been approved by the mortgage lender, and the administrators could not get any assistance from the mortgage lender to approve the short sale. The decedent remains personally obligated to the mortgage lender for the note but there are insufficient assets in the estate to pay towards the note. The mortgage lender will receive a copy of this accounting. B. Bank Deposit M&T Bank Savings Account C. Cash D. Automobile 2003 Volvo E. Personal property: no value- donated to charity. F. Wages earned but uncollected by decedent at his death Shippensburg University G. Comcast Refund H. Embarq Refund $ 6,283.24 $ 4,280.56 $ 6,300.00 $ 0.00 $10,309.37 $ 125.36 $ 15.04 TOTAL ASSETS $27,313.57 3 • DISBURSEMENTS OF PRINCIPAL DEBTS OF DECEDENT 1. Washington Mutual Credit Card $ 1,411.87 2. Mortgage payments to M&T Bank acct #0010446144 $ 6,404.79 3. Charles DeHart, bankruptcy trustee $ 1,180.00 4. 2007 Income tax liability: PA Dept Revenue $ 216.00 5. Comcast $ 204.18 6. Ugly Boys- snow removal: real estate $ 80.35 7. NYSEG/RGE: real estate gas/electric $ 1,015.26 8. Embarq $ 25.36 9. PPL Electric: Carlisle residence $ 53.38 10. Hershey Medical Center $ 50.00 11. Moving expense for items in real estate $ 750.00 Total: $ 11,319.19 1. Hoffman Roth Funeral Home $ 2,791.3 8 1. Probate fees $ 593.77 2. Accounting $ 150.00 3. The Sentinel (advertising) $ 278.32 4. Cumberland Law Journal (advertising) $ 75.00 Total: $ 1,097.09 PENNSYLVANIA INHERITANCE TAX $ 435.14 FEES AND COMMISSIONS 1. Ruth Thomas Pritchard and $ 3,000.00 Lisa R. Taddei, Co-Administrators $ 3,000.00 2. O'Brien, Baric & Scherer $ 5,080.00 3. Albert Kusak, Esquire: New York lawyer $ 195.00 Total: $11,275.00 TOTAL DISBURSEMENTS X26,989.80 4 OUTSTANDING OBLIGATIONS OF DECEDENT Estimated balance owed to M&T Bank for Mortgage $90,000.00 287 North Pleasant Street, Canandaigua, NY 14424 Loan number 00104466144 PRINCIPAL BALANCE ON HAND $323.17 DISBURSEMENTS OF INCOME None. DISTRIBUTION OF INCOME TO BENEFICIARIES None. PROPOSED DISTRIBUTION TO BENEFICIARIES None. This estate is insolvent. It was not anticipated that the real estate would be foreclosed upon. M&T Bank was paid a portion of their claim during the course of the administration of the estate therefore the remaining funds in the estate of $323.17 are proposed to be paid to M&T Bank. Respectfully submitted, BARIC SCHERER Michael A. Scherer, Esquire I.D. # 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 5 AUDIT NOTICE Please be advised that the First and Final Account and Proposed Distribution of Lisa R. Taddei and Ruth Thomas Pritchard, Co-Administrators of the Estate of William T. Pritchard. deceased, has been filed with the Clerk of the Orphans Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania, and will be called for audit before the Honorable Judges of said Court on the 27th day of April, 2010, at 9:30 a.m. in Courtroom Number 1, of the Cumberland County Courthouse, Carlisle, Pennsylvania. Your interest in the Estate consists of: Schedule of Distribution. The Court will be asked to approve the account as stated. A copy of the Account is enclosed. It is not necessary that you or your counsel appear at the audit. However, if you have any objection to any items in the Account (or if you disagree with the position the accountant has taken on any claim), it is necessary that you appear at the time and place stated above in person or by counsel; otherwise, the Court will assume you have no objection and may approve the account as stated. If you have any questions regarding the contents of this letter or the Account, please contact the undersigned. Michael A. Scherer, Esquire 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for the Accountant/Administrators 6 VERIFICATION Ruth Thomas Pritchard and Lisa R. Taddei, Co-Administrators of the Estate of William T. Pritchard, deceased, hereby declares under oath that they have fully and faithfully discharged the duties of their 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 their knowledge, there are no claims outstanding against the estate; that all income taxes presently due from the Estate have been paid, and that all inheritance tax has been paid; and that the grant of Letters Administration and 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 the penalties of 18 Pa.C.S.A. section 4904 relating to unsworn falsification to authorities. Date: ~~ ~ ~ tf ' .~.~--~' ~~ Date: CERTIFICATION UNDER CCRP 6.3-1 I hereby certify that on March a~ ~ , 2010, I mailed the notice of the time and. place of the presentation of the above account and proposed distribution, along with a copy of the account, proposed statement of distribution, by certified mail-return receipt requested, as follows: M&TBank P.O. Box 840 Buffalo, New York 14240 Michael A. Scherer, Esquire 8 DECEDENT'S ESTATE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA ~..' ;~ - ;. ; ORPHANS' COURT DIVISION ~~ ~~ ~" ry` _~ . s _~ ~ ~ f ~ ' ~ _ 1 _. ESTATE OF William T. Pritchard ,DECEASED ~;=~' :._~ ~.: ~ -~? ~' .' -`-F: ~ ` 21-08-808 No `-~-~ ' ' ~ -_ •~:' ; ~ ' . -~' d , 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: Michael A. Scherer, Esquire Supreme Court I.D. No.: 61974 Name of Law Firm: Baric Scherer Address: 19 West South Street, Carlisle, PA 17013 Telephone: 0717) 249-6873 Fax:~7171249-5755 Form OC-DI rev. 10.13.06 Page 1 of 10 Estate of William T. Pritchard ,Deceased 1. Name(s) and address(es) of Petitioner(s): Name: Lisa R. Taddei Address: 6089 YOna COUrt Mt. Airy, Maryland 21771 Ruth Thomas Pritchard 738 West Diamond Avenue Hazelton, Pennsylvania 18201 Identify any executors or administrators who have not joined in the Petition for Adjudication and Statement of Proposed Distribution and state reason: None Is this the first accounting by this fiduciary? ..................... m Yes 0 No If not, identify prior accountings, the accounting periods covered, and the date of adjudication of the prior accounting. 2. Decedent died on July 17, 2008 Letters Testamentary or ®Letters of Administration were granted to Petitioner(s) on August 11, 2008 Date of Will (if applicable): Not applicable Date(s) of Codicil(s) (f applicable): Not applicable Date of probate (f different from date Letters granted): August 11, 2008 Was a bond required? Yes ~ 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: August 16, 23 & 30, 2008 Cumberland Law Journal: August 22, 29 & September 5, 2008 Form OC-01 rev. 10.13.06 Page 2 of 10 Estate of William T. Pritchard ,Deceased 3. Was decedent survived by a spouse? ............................. Yes ~ No If yes, name of the surviving spouse: 4. Has the surviving spouse filed to take an elective share? ............. 0 Yes m 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): None. Q Yes ~ No 6. Did decedent marry after execution of Will or Codicil(s)? .......... . Were any children born to decedent after execution of 'Y Will or Codicil(s)? ........................................... © es ®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-Ol rev. 10.13.06 Page 3 of 10 Estate of William T. Pritchard ,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 of 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 Party in Interest I Relationship and Comments, irany I Interest Ruth Thomas Pritchard mother residue 738 West Diamond Ave. Hazelton, PA 18201 Form OC-01 rev. 10.13.06 Page 4 of 10 Estate of William T. Pritchard ,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. 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). 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. Form OC-0/ rev. 10.13.06 Page 5 of 10 Estate of William T. Pritchard ,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? M & T Bank approx . ®Yes ~ Yes P . 0 . Box 840 $ 90 , 000.00 ®No ~No Buffalo, NY 14240 Yes Yes ~No ~ No Yes ^Yes ~No ~ 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. Yes ~ No 11. Was family exemption claimed? ................................ 0 Was family exemption allowed? ................................ DYes ~No Family exemption claimant's name and relationship: Name: Relationship: Form OC-01 rev. 10.13.06 Page 6 of 10 Estate of William T. Pritchard ,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 04/08/09 $435.14 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: 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. Form OC-01 rev. 10.13.06 Page 7 of 10 Estate of William T. Pritchard ,Deceased 16. Had the decedent been adjudicated an incapacitated person? .......... ~ 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. 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. Amount: Purpose: 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 Y _ N As to real estate only? ........................................ ® es ~ o Form OC-01 rev. 10.13.06 Page 8 Of I O Estate of William T. Pritchard ,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) AmoundProportion None. B. Principal: Proposed Distributee(s) AmoundProportion None. Submitted By: (All petitioners must sign. Add additional lines if necessary): Name of Petitio er: Lisa R. Taddei Name of Petitioner: Ruth Thomas Pritchard Form OC-01 rev. 10.13.06 Page 9 of 10 Estate of William T. Pritchard ,Deceased Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that he~she they is tare Co-Administrators of the above-named name of corporation Estate of William T. Pritchard 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). ~' Signature of Petitioners * 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. _ / Signature of Counsel for Petitioner Form OC-DI rev. ]0.13.06 Page 10 of 10 PROOF OF PUBLICATION OF NOTICE 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, V1Z: August 22, August 29, and September 5, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general 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. ~-h= ie Coyne, F~itor SWORN TO AND SUBSCRIBED before me this 5 day of September, 2008 Notary Pritchard, William T., deed. Late of Cumberland County. Co-Administratrices: Lisa R. Tad- dei, 6089 Yona Court, Mt. Airy, MD 21771 and Ruth T. Pritchard, NoTARtAL sEAL 738 West Diamond Avenue, Ha- DEBORAH A COILINS 2leton, PA 18201. Notary Public CARLISLE BORO, CUMBERLAND COUNTY Attorneys: Michael A. Scherer, My Commission Expires Apr 28 2010 Esquire, OBrien, Baric 8s Scherer, , 19 West South Street, Carlisle, PA 17013, (? 17) 249-6873. PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Erica Peterson, Classified Manager, 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 13,1881, 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): August 16, 23, 30, 2008 COPY OF NOTICE OF PUBLICATION no>~ce is tiirreb~- gWei+ n+ed has graMad tatters of etctkris~a Reg~er of WYIs of Cumbdriand our~ty, Commonwealth of PermsylvaMa, as A inistrabrs of the~Estate of W~.L.1AifM L pRiT'CFARfl; lam of tl~e above-nam~1 couney. ~ . make repre~letntr~vs watt "'t ~4 ~ .w ~eta~~~"`. iou d' ' y: egUbst ~ ., . -%! tt all petsQnS indebted to the tantto the personal . ~i clay. D . uk ,~. '1-'wii~t t~0urt . ~ '. f Nlt. Airy,tvt~r 21771; ; a{~ ~ .. ` Pt~M! 7. I~bGhd ~ ; . ~ 7~ ,ast Qipat~iA~Naue ~ ~ 1 A i . , ~ _. ~ C , , ire M I tii*~a~;et ~~PA ~T(118 ' , (~'17~ 2~9.6$T3 A 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 . 1~ Notary Pu lic My commission expires: Novua~ sr~ 60NITA A CANUP ~Y Pub~C t..10.R1 {SLE 6tlR000H~ CtlMOERLAND COUMY My Commtulon Expkes .wn a. 2004 p+'_ oar, rt.•. ~e . «a ,.: r.. .. ~,e:.,.;.~. ...,....K-..., ~ , ..,.. ... , . , n , Y ,+ l