HomeMy WebLinkAbout09-02-10`~~2i,~~i7.~~.
TRUST
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NAME OF TRUST
(TRUST UNDER WILL OF The Jay W. Roush Revocable Trust Una
or
TRUST UNDER DEED OF ~-~
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DATED DECEMBER S, 1997 ) ~ -~~ M T:. -
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PETITION FOR ADJUDICATION / _~, ~ -, :: ~ ' _~ ;
STATEMENT OF PROPOSED DISTRIBUTION ~ c ' `
PURSUANT TO Pa. O.C. Rule 6.9
This form may be used in all cases involving the Audit of Trust Accounts. If space is insuff cient,
riders may be attached.
INCL UDE ATTACHMENTS AT THE BACK OF THIS FORM.
Name of Counsel: Stephen D. Tiley
Supreme Court I.D. No.: 32318
Name of Law Firm: Frey & Tiley
Address: 5 South Hanover Street
Telephone: 717-243-5 83 8
Fax: 717-243-6441
Firm oc-oz rev 10.13.06 Page 1 of 10
Name of Trust: The Jay W. Roush Revocable Trust Under Agreement Dated 12/5/1997
1. Name(s) and address(es) of Petitioner(s):
Petitioner:
Name. Jodi L. Wagner
Petitioner:
Constance Adams
Address: 85 South Side Drive 50 Parker Street
Newville, PA 17241 Carlisle, PA 17013
2. Check if any of the following issues are involved in this case:
A. Appointment of Trustee ...........................................
B. Interpretation ...................................................
C. Discharge of Trustee .............................................
D. Transfer of Situs .................................................
E. Appointment of Ad Litem ..........................................
F. Minor, Unborn or Unascertained Beneficiary(ies) ...................... Q
G. Principal Distribution ............................................. Q
H. Partial/Full Termination of Trust ....................................
I. Missing Beneficiary(ies) ..........................................
J. Cy Pres ........................................................
K. WilliamsonIssue* ...............................................
L. Other Issues ....................................................
List:
Please note:
A detailed explanation of issues checked should be set forth at item 13 below.
* See Williamson Estate, 368 Pa. 343, 82 A.2d 49 (1951), if Trustee was also Executor of the settlor/decedent's estate and
received commissions in such capacity.
Form OC-02 rev 10.13.06 Page 2 of 10
Name of Trust: The Jay W. Roush Revocable Trust Under Agreement Dated 12/5/1997
3. Testamentary Trust:
Decedent's date of death:
Date of Decedent's Will:
Date(s) of Codicils
Date of probate:
or
Inter Vivos Trust:
Date of Trust: December 5 , 1997
Date(s) of Amendment(s): N/A
4. A. If any other Court has taken jurisdiction of any matter relating to this Trust, explain:
N/A
B. Identify all prior accountings and provide dates of adjudication.
None.
5. A. State how each Trustee was appointed:
Successor Co-Trustees pursuant to the Trust, upon the death of the settlor, Jay W.
Roush, on Apri19.2009.
B. If a Petitioner is not a Trustee, explain:
N/A
Form oc-oz rev 10.1.3.06 Page 3 of 10
Name of Trust: The Jay W. Roush Revocable Trust Under Agreement Dated 12/5/1997
State how and when the present fund was awarded to Trustee(s):
Trustees succeeded to the Trust assets upon the death of Jay W. Roush on Apri19, 2009.
7. Period covered by accounting: Apri19, 2009 to September 2, 2010
8.
Current fair market value of the Trust principal is $ 120,410.26
7 of Account.)
(See page
9. State concisely the dispositive provisions of the Trust:
Upon death of Jay W. Roush, all principal and income to be distributed in six equal
shares, one each to the 5 children of Jay W. Roush, and one to the step-daughter of Jay
W. Roush. Names and addresses of the children and step-daughter are set forth in the
Proposed Schedule of Distribution.
10. Explain the reason for filing this Account (if filed because of the death of a party, state
name of person, relationship to Trust and date of death):
Upon death of the settlor, Jay W. Roush, on Apri19, 2009, two of his daughters, Jodi L.
Wagner and Constance Adams, succeeded as Co-Trustees to wind up the Trust and make
distribution of the net assets.
Form OC-02 rev 10.!3.06 Page 4 of 10
Name of Trust: The Jay W. Roush Revocable Trust Under Agreement Dated 12/5/1997
11. 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):
No petition for aguardian/trustee ad litem has been filed as all of the beneficiaries and
parties in interest are living adult individuals who are sui juris.
12. A. State the amount of Pennsylvania Transfer Inheritance Tax and Pennsylvania Estate
Tax paid (including postponed tax on remainder interests), the dates of payment and
the interests upon which such amounts were paid:
Date Payment Interest
July 8, 2009
4,000.00 0
March 15, 2010 1,428.48 10.84
B. If any such taxes remain unpaid or are in dispute, explain:
N/A
13. Describe any questions requiring Adjudication and state the position of Petitioner(s) and
give details of any issues identified in item 2:
There are no questions requiring adjudication. The Co-Trustees ask that their First and
Final Account and Proposed Schedule of Distribution be confirmed by the Court.
Form OC-02 rev 10.13.06 Page 5 of 10
Name of Trust: The Jay W. Roush Revocable Trust Under Agreement Dated 12/5/1997
14. 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 15 below. In addition, notice of any
questions requiring Adjudication as discussed in item 13 above 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 Petitioner(s) or counsel certifying that such
Notice has been given.
C. If any such party in interest 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.
15. List all parties of whom Petitioner(s) has/have notice or knowledge, having or claiming
any interest in the Trust, whether such interest is vested or contingent, charitable or
non-charitable. This list shall:
A. State each party's relationship to the Settlor/Decedent and the nature of each
party's interest(s);
Name and Address of Each Party in Interest ~ Relationship and Comments, if any ~ Interest
Roxanne Weaver Daughter 1/6
16742 Centerway
Guerneville, CA 17015
Constance Adams Daughter 1/6
50 Parker Street
Carlisle, PA 17013
Form oc-oa rev 10.13.06 Page 6 of 10
9-Apr 2002 Ford Ranger pickup truck
(Titled in name of Jay W. Roush alone, treated as a trust asset.)
Edmunds.com "trade-in" value of $5,144; "private party" value
931; "dealer retail" value of $6,829.
of $5
,
Distributed to Roxanne Weaver at a value of: 3,000.00
9-Apr Sovereign Bank Checking Account No. 2891033639 6,711.80
9-Apr Household Personal Property:
Miscellaneous property abandoned or disposed of 0.00
Miscellaneous property included in sale of house 0.00
Lawn Tractor distributed to Constance Adams 300.00
Snow blower distributed to Jodi Wagner 50.00
Rototiller distributed to Edward Roush 25.00
Miscellaneous tools distributed to Charles Roush 10.00
Bedroom suite distributed to Charles Roush 20.00
Lift Chair distributed to Constance Adams 20.00
9-Apr American Equity Inventment Life Insurance Company
IRA Annuity Contract No. 304928
Trust was sole owner and beneficiary
Value at DOD 12,132.12
8-May U.S. Treasury -Tax Refund - 2008 Personal Income Tax 120.00
8-Jul PA Rent/'Tax Rebate 300.00
24-Nov Globe Life -Premium Refund Check 506.34
2010
2-Sep U.S. Treasury -Tax Refund - 2009 Personal Income Tax 40.00
TOTAL PRINCIPAL RECEIVED 23,235.26
INCOME RECEIVED
Accountants charges themselves with the following income amounts received:
Date
2009
13-Apr Interest -Sovereign Bank Personal Checking No. 2891033639 0.09
First and Final Jay W. Roush Trust -With Schedule of Distribution Page 2
30-Apr Pension Payment -Mass Mutual -Lebanon Seaboard Corp.
AutoDeposit to Personal Checking No. 2891033639 114.63
See Refund September 9, 2010
30-Apr RPS Principal
AutoDeposit to Personal Checking No. 2891033639 33.37
1-May "Retirement Pension" -Agway
AutoDeposit to Personal Checking No. 2891033639 188.25
8-May National Western Life Insurance Company
Annuity Income Policy No.: 0101123436 200.00
Annuity Income Policy No.: 0101123437 107.00
8-May Prudential Annuities Life Assurance Corporation
Annuity Income Policy No.: E0456922 100.00
8-May American Equity Inventment Life Insurance Company
Annuity Income Policy No.: 304928 90.00
13-May Interest -Sovereign Bank Personal Checking No. 2891033639 0.08
1-Jun "Retirement Pension" -Agway
AutoDeposit to Personal Checking No. 2891033639 188.25
12-Jun Interest -Sovereign Bank Personal Checking No. 2891033639 0.02
9-Jun National Western Life Insurance Company
Annuity Income Policy No.: 0101123436 200.00
Annuity Income Policy No.: 0101123437 107.00
23-Jun National Western Life Insurance Company
Annuity Income Policy No.: 0101123436 200.00
Annuity Income Policy No.: 0101123437 107.00
1-Jul "Retirement Pension" -Agway
AutoDeposit to Personal Checking No. 2891033639 188.25
13-Jul Interest -Sovereign Bank Personal Checking No. 2891033639 0.01
15-Jul American Equity Inventment Life Insurance Company
Accrued Interest from DOD to payment of Annutiy 80.83
3-Aug "Retirement Pension" -Agway
AutoDeposit to Personal Checking No. 2891033639 188.25
13-Aug Interest -Sovereign Bank Personal Checking No. 2891033639 0.02
1-Sep "Retirement Pension" -Agway
First and Final Jay W. Roush Trust -With Schedule of Distribution Page 3
AutoDeposit to Personal Checking No. 2891033639 188.25
9-Sep Refund to The Principal Financial Group (33.37)
Reimburse for Post-Death Payment received April 30, 2009
11-Sep Interest -Sovereign Bank Personal Checking No. 2891033639 0.02
1-Oct "Retirement Pension" -Agway
AutoDeposit to Personal Checking No. 2891033639 188.25
13-Oct Refund of Pension Payments - "Retirement Pension"
Believed to be the Agway Pension
AutoWithdraw from Personal Checking No. 2891033639
Reverses Payments 5/l; 6/1; 7/l; 8/3; 9/1; & 10/1 (1,129.50)
13-Oct Interest -Sovereign Bank Personal Checking No. 2891033639 0.02
13-Nov Interest -Sovereign Bank Personal Checking No. 2891033639 0.01
11-Dec Interest -Sovereign Bank Personal Checking No. 2891033639 0,01
2010
13-Jan Interest -Sovereign Bank Personal Checking No. 2891033639 0.01
15-Feb Interest -Sovereign Bank Personal Checking No. 2891033639 0.01
TOTAL INCOME RECEIVED 1,306.76
DISBURSEMENTS
Accoutants claim credit for the following amounts paid:
Date
2009
9-Apr Sovereign Bank Checking Account No. 2891033639
Checks Cleared After Death:
No. 1063 Hollinger Funeral Home 1,000.00
AutoPay to FH PFFS Hlth Prem. 96.00
No. 1060 Sovereign Bank 300.00
No. 1061 Globe Life and Accident Ins. Company 42.49
First and Final Jay W. Roush Trust -With Schedule of Distribution Page 4
No. 1062 JC Penney 20.11
No. 1059 Leni 25.00
No. 1057 Brittany Wagner 25.00
No. 1058 Danielle Roush 25.00
Service Fee 12/11/09 10.00
Service Fee 1/13/10 10.00
Service Fee 2/15/10 10.00
6-May Met-Ed 87.39
6-May Embarq 25.39
6-May Erie Insurance 186.00
6-May Direct TV 70.65
6-May Sovereign Bank -Loan Payment 50.00
10-Jun Reimburse Frey & Tiley
Sovereign Bank -Loan Payment 50.00
Church of Gog Homes, Inc. 1,646.00
Met-Ed 169.11
Erie Ins. Group 186.00
Direct TV 70.65
Embarq 51.67
Carlisle Regional Medical Center 50.00
Carolyn R. McQuillen, Tax Collector 262.96
2009 County & Townshipo Real Estate Tax
16-Jun Check Printing Fee 20.65
8-Jul Frey & Tiley -Loan to Trust X2,000.00)
8-Jul Register of Wills, Agent -Inheritance Tax on Account 4,000.00
15-Jul Erie Insurance 229.00
15-Jul Carolyn R. McQuillen, Tax Collector
2009/10 School Real Estate Tax 1,319.37
15-Jul Cumberland -Goodwill Fire Rescure
Two ambulence calls 300.00
15-Jul Hollinger Funeral Home & Crematory, Inc. 8,646.97
15-Jul Frey & Tiley -Repay loan made 7/8/09 2,000.00
15-Jul Carolyn R. McQuillen, Tax Collector
Per Capita Tax 11.00
First and Final Jay W. Roush Trust -With Schedule of Distribution Page 5
15-Jul West Shore EMS -Carlisle 150.00
15-Jul Met-Ed 167.96
16-Jul Sovereign Bank -Loan Payment 100.00
16-Jul Direct TV 70.65
16-Jul Discover Card 59.44
12-Aug Sovereign Bank -Loan Payment 50.00
9-Sep Sovereign Bank -Loan Payment 50.00
9-Sep Church of God Homes, Inc. 725.00
15-Sep Direct TV 148.36
1-Oct Sovereign Bank -Loan Payment 50.00
11-Nov Sovereign Bank -Loan Payment 50.00
11-Nov Erie Insurance 115.00
24-Nov Eby Granit Works 390.00
24-Nov Expenses from sale of Real Estate:
Seller Assist for Purchaser's Closing Costs: 5,247.65
Realtor's Commission - Re/Max Realty Professionals 1,675.00
Transfer Tax 971.75
Courier Fee to Shumaker Williams, PC 15.00
Peck's Septic Service 662.00
Net Tax Proration 030.75)
Payoff Sovereign Bank 3,436.58
14-Dec Sovereign Bank -Refund from Loan Payoff (l .51)
2010
10-Mar National Recovery Agency -West Shore EMS Bill from 2002 232.70
10-Mar Family Exemption to Roxanne Weaver 500.00
15-Mar Register of Wills, Agent
Additional Inheritance tax due 1,439.32
15-Mar Register of Wills -Filing fee for Inheritance Tax Return 15
00
.
First and Final Jay W. Roush Trust -With Schedule of Distribution Page 6
2-Sep Co-Trustee's fees
Jodi L. Wagner 2,900.00
Constance Adams 2,900.00
2-Sep Frey & Tiley Reimburse for Advertising 294.40
(CLJ $75.00 & Sentinel $219.4)
2-Sep United Staes Treasury - Fiduciary Income Tax -Form 1041 186.00
2-Sep Reserve for filing fee for Account 180.00
2-Sep Frey & Tiley Attorney's Fees 5,800.00
TOTAL DISBURSEMENTS 46,745.96
RECAPITULATION
Total Principal Received -Real Estate 97,175.00
Total Principal Received -Personal Property 23,235.26
Total Income Received 1,306.76
Total Receipts 121,717.02
Less Total Disbursements 46,745.96
Balance for Distribution 74,971.06
First ar~d Final Jay W. Roush Trttst -With Schedule of Distribution Page 7
PROPOSED
SCHEDULE OF DISTRIBUTION
1) Roxanne Weaver
formerly 916 Pine Road, Carlisle, PA 17015
Now of 16742 Centerway, Guerneville, CA 95446
1/6 interest pursuant to Trust Secion 3.03(a) 12,495.18
In-Kind Distributions:
2002 Ford Ranger pickup truck 3,000.00
Partial distribution 3/15/10 6,000.00
Final Distribution at confirmation of Account 3,495.18
12,495.18
2) Constance Adams
50 Parker Street, Carlisle, PA 17013
1/6 interest pursuant to Trust Secion 3.03(a) 12,495.18
In-Kind Distributions:
Lawn Tractor distributed to Constance Adams 300.00
Lift Chair distributed to Constance Adams 20.00
Partial distribution 3/15/10 9,000.00
Final Distribution at confirmation of Account 3,175.18
12,495.18
3) Patty Daron
3166 Ritner Highway, Newville, PA 17241
1/6 interest pursuant to Trust Secion 3.03(a) 12,495.18
In-Kind Distributions:
None 0.00
Partial distribution 3/15/10 9,000.00
Final Distribution at confirmation of Account 3,495.18
12,495.18
First and Final Jay W. Roush Trust -With Schedule of Distribution Page 8
4) Charles Roush
Formerly of 3286 Wakefield Road, Harrisburg, PA 17109
Now of 916 Pine Road, Carlisle, PA 17015
1/6 interest pursuant to Trust Secion 3.03(a) 12,495.18
In-Kind Distributions:
Miscellaneous property included in sale of house 0
Miscellaneous tools distributed to Charles Roush 10
Bedroom suite distributed to Charles Roush 20
Partial distribution 3/15/10 9,000.00
Final Distribution at confirmation of Account 3,465.18
12,495.18
5) Jodi L. Wagner
85 South Side Drive, ewville, PA 17241
1/6 interest pursuant to Trust Secion 3.03(a) 12,495.17
In-Kind Distributions:
Snow blower distributed to Jodi Wagner SO
Partial distribution 3/15/10 9,000.00
Final Distribution at confirmation of Account 3,445.17
12,495.17
6) Edward Roush
75 Bonnybrook Road, Carlisle, PA 17013
1/6 interest pursuant to Trust Secion 3.03(a) 12,495.17
In-Kind Distributions:
Rototiller distributed to Edward Roush 25
Partial distribution 3/15/10 9,000.00
Final Distribution at confirmation of Account 3,470.17
12,495.17
First and Final Jay W. Roatish Trust -With Schedule of Distribution Page 9
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERALND
SS..
Before me, the undersigned officer, personally appeared Jodi L. Wagner and
Constance Adams, successor Co-Trustees of the Jay W. Rouse Revocable Trust Agreement dated
December 5, 1997, having succeeded upon the death of the said Jay W. Roush, who, being duly
sworn according to law, despose and say that the foregoing First and Final Account and Proposed
Schedule of Distribution are true and correct to the best of their knowledge, information and belief.
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Sworn to and subscribed before me
~ ~~~'m ~ r' ~Ji{J .
this: day of
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First and Final Jczy W. Roush Trust -With Schedule of Distribution Page 10