HomeMy WebLinkAbout07-08-11DECEDENT' S ESTATE
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
ESTATE OF CLOYD C. MYERS, DECEASED
No. 21-10-747
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.
INCLUDE ATTACHMENTS AT THE BACK OF THIS FORM.
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Name of Counsel:
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C Wayne F. Shade, Esquire
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Address:
53 West Pomfret Street
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Carlisle, PA 17013 ~~'~.
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Telephone: 717-243-0220 -°~
Fax: 717-249-0017 ~ w ~"~,
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Estate of Cloyd C. Myers, Deceased
1. Name and address of Petitioner:
Name: Steve W. Myers
Address: P.O. Box 985
Carlisle, PA 17013
Identify any executors or administrators who have not joined in the Petition for
Adjudication and Statement of Proposed Distribution and Account and state reason:
None
Is this the first accounting by this fiduciary? ............ ~ Yes _ No
If not, identify prior accountings, the accounting periods covered, and the date of
adjudication of the prior accounting.
2. Decedent died on July 7, 2010
X Letters Testamentary or _ Letters of Administration were granted to
Petitioner on July 20, 2010
Date of Will (tf applicable): July 12, 2005
Date(s) of Codicil(s) (if applicable):
Date of probate (f d~erent from date Letters granted): July 23, 2010
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 2, 9 and 16,
2010; Cumberland Law Journal August 6, 13 and 20, 2010
3. Was decedent survived by a spouse? . . _ Yes X No
If yes, name of the surviving spouse:
4. Has the surviving spouse filed to take an elective share? . . _ Yes _ No
(See §2201, et seq., of the Probate, Estates and Fiduciaries Code)
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Estate of Cloyd C. Myers, Deceased
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 (f none, so state):
6. Did decedent marry after execution of Will or Codicil(s)? .... _ Yes X No
Were any children born to decedent after execution of
Will or Codicil(s)? ............ _ Yes ~ 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? .. X Yes _ No
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.
-3-
Estate of Cloyd C. Myers, Deceased
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 has 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 o Each Par in Interest Relationshi and Comments, i a Interest
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.
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Estate of Cloyd C. Myers, Deceased
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 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 has 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. 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. 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.
Amount: $450.00
Purpose: Filing fees
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.
-6-
Estate of Cloyd C. Myers, Deceased
19. Is the court being asked to direct
the filing of a Schedule of Distribution? ...... X Yes _ No
As to real estate only? . . . . . . . . . . . . _ Yes X No
Wherefore, your Petitioner asks that distribution be awarded to the parties entitled
and suggests that the distributive shares of income and principal (residuary shares being
stated in proportions, not amounts) are as follows:
A. Income:
B. Principal:
I IV VJGUv
Steve W. Myers
One-third
Teresa M. Monismith One-third
Tammy M. Myers One-third
Date: July 5, 2011 Submitted By:
(All petitioners must sign.
Add additional lines if necessary):
Steve W. Myers
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Estate of Cloyd C. Myers, Deceased
Verification of Petitioner
(Verification must be by at least one petitioner)
The undersigned hereby verifies 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).
lc~
Steve W. Myers
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.
Wayne .Shade, Esquire
Counsel for Petitioner
-8-
IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF
CLOYD C. MYERS,_ CUMBERLAND COUNTY, PENNSYLVANIA
Deceased, Late of the ORPHANS' COURT DIVISION
Township of North Middleton,
Cumberland County, Pennsylvania N0.21-10-747
NOTICE OF FILING ACCOUNT AND
STATEMENT OF PROPOSED DISTRIBUTION
NOTICE is hereby given that the First and Final Account of Steve W. Myers,
Executor of the Estate of Cloyd C. Myers, Deceased, and a Statement of Proposed
Distribution of the valance of the assets of said Estate will be filed in the Office of the
Register of Wills of`Cumberland County, Pennsylvania, on or before July 22, 2011, and
that the same will b~ called for confirmation on August 23, 2011, at 9:30 A.M. in the
designated courtroom on the fourth floor of the Cumberland County Courthouse, Carlisle,
Pennsylvania, at wl~lich time and place you may appear, either in person or by counsel.
Copies of said First and Final Account and Statement of Proposed Distribution are
enclosed herewith, d the originals as filed may be inspected in the Office of the
Register of Wills o Cumberland County, Pennsylvania, at anytime prior to their
presentation for confirmation.
Unless objec~ ions to said First and Final Account or Statement of Proposed
Distribution, or bot ,are filed in writing not later than 9:00 A.M. (prevailing time) of the
date fixed for confi ation thereof unless otherwise permitted by the Court prior to
confirmation, said first and Final Account will be confirmed; and distribution will be
ordered according t the enclosed Statement of Proposed Distribution.
If you ha~e no objections to the enclosed, you do not need to
appear in court at the time of confirmation.
Date: June 28, ~Oll
Wayne F bade
Attorney for Accountant
WAYNE F. SHADE
Attorney at Law
53 West PanfnK Street
Carlisle, Pennsylvania '~.
17013 ~
PROF OF 1~iT~~~CATION
State of Pennsylvania, County of Cumberland
Tames Kleinklaus, Directoriof Sales and Marleeting, of The Sentinel, of the County and
State aforesaid, being dulysworn, deposes and says that THE SENTINEL, a newspaper
of general circulation in th Borough of Carlisle, County and State aforesaid, was
established December 13w,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 wasp tad and published in the regular editions and issues of
THE SENTINEL on the fo owing day(s):
COPY OF NOTICE OF Pi~BLICATION
7y ~t 1S,leteofttieKelen l
~.Ori Y~ffb~tld.P~An~srlra~nl~~19'ots.+deceased,rrew
~ememem w:
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Atatimey
~ b tN indebted to Eelpip shall make
Miose heNriD'dedm4 we presarlttliem For
SteWe.W-Myers
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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, plac d character of publication
are true. ~ it
Sworn to and subscribed before me this
Iq~ ~ ~~/ .
~-1~;~
Notary Public
My commission expires:
NOTARIAL SEAL
BAMBI ANN HECKENDORN
Notary Publk
CARLISLE BOROUGH, CUMBERLAND CNTY
My Commission Expires Jan 27, 2014
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.1
IN THE COURT 01$ COMMON PLEAS OF CUMBERLAND COUNTY, PA
ORPHANS' COURT DIVISION
FILE N0.21-10-747
FIRST AND FINAL ACCOUNT OF
STEVE W. MYERS, EXECUTOR
For
EST.~TE OF CLOYD C. MYERS, DECEASED
Social Security #: ~ 204-30-7436
Tax ID #: 27-6734813
Date of Death: July 7, 2010
Date of Incapacity,] if any: None
Date of Appointment: July 23, 2010
Date of First Complete Advertisement: August 6, 2010
Accounting for the~period: July 23, 2010 to
June 7, 2011
Purpose of Acco :The Executor offers this Account to acquaint
interested partiesith the transactions that have occurred during the
Administration.
It is important that the Account be carefully examined. Requests for
additional information, questions or objections can be discussed with:
Wayne F. Shade, Esquire
53 West Pomfret Street
Carlisle, Pennsylvania 17013
717-243-0220
Supreme Court I.D. No. 15712
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PRINCIPAL
Receipts
Less Disbursements:
Debts of Deceden
Funeral Expenses
Administration E~
Federal, State & I
Fees and Commis
Balance before Distr
Distributions to Bene
Principal Balance Re
INCOME
Receipts
Less Disbursements ',
Income Balance Reml
COMBINED
Verification
SUMMARY OF ACCOUNT
PAGES
3
Taxes
REMAINING
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4 $5,571.55
4 1,936.72
4 10,558.93
6 18,388.95
6 12,000.00
6
6
7 $0.00
7 0.00
8
$228,889.03
48,456.15
11.500.00
$168,932.88
2 ~2
$168,932.88
PRINCIPAL RECEIPTS
7/23/10 Cash $380.00
7/23/10 Sharon L. G an, balance of net proceeds of sale of house 172,978.76
and lot of gr and known and numbered as 1116 Karen
Drive, Carli le, PA, and more particulazly bounded and
described in umberland County Deed Book "P", Volume
24, Page 76 ,parcel # 29-20-1792-036.
8/ 3/10 Highmazk B ue Shield, refund of health insurance premium 123.32
8/ 5/10 Office of th New York State Comptroller, unclaimed funds 1,516.75
8/11/10 M&T Bank, hecking account # 1302604 28,383.20
8/13/10 1988 Check r, no value, given away 0.00
8/26/10 1956 Farmal 450 tractor 6,000.00
8/26/10 1966 Farmal 706 tractor 5,500.00
10/11/10 Kevin M. W ckazd, proceeds of public auction 10,507.00
10/18/10 Erie Insuran a Group, refund of automobile insurance 168.00
premium
11/ 1/10 United State Treasury, additional social security benefits 1,580.00
3/21/11 Shazon L. G an, payment on account of real estate 700.00
4/29/11 Sharon L. G an, payment on account of real estate 600.00
6/ 7/11 Erie Insuran a Group, refund of unused homeowner's 159.00
insurance pr mium
6/ 7/11 Erie Insuran a Group, refund of unused homeowner's 293.00
insurance pr mium
TOTAL P CIPAL RECEIPTS $228,889.03
-3-
DEBTS OF DECEDENT
7/23/10 CenturyL'
7/23/10 CCRX, pr
8/12/10 Safe Hav
8/12/10 PPL, elec~
8/16/10 II
Cumberlat
TOTAL
FUNERAL EXPENSES
8/12/10 Hoffman-
8/12/10 Wenger h
8/12/10 Teresa M,
TOTALF
PRINCIPAL DISBURSEMENTS
;, telephone service
cription plan premium
Quality Care, LLC, personal care services
c service
l County Office of Aging, lunches
BTS OF DECEDENT
Zoth Funeral Home, funeral expenses
eats & Ice, funeral food
Monismith, reimbursement for funeral food
UNERAL EXPENSES
ADMINISTRATION E~PENSES
8/11/10 Wayne F. Shade, Esquire, reimbursement for
Regist r of Wills, probate 427.50
Cumb rland Law Journal, advertise
Lett s Testamentary 75.00
8/12/10 Steve W. fvlvers. reimbursement for trash removal
8/24/10
8/24/10
8/24/10
8/26/ 10
8/30/ 10
9/ 2/10
9/20/10
PPL, elec
The Senti
Diversifi~
Comcast,
Erie Insu
CenturyL
PPL, elec
c service
1, advertise Letters Testamentary
Appraisal Services, real estate appraisal
able television
ice Group, automobile insurance premium
c, telephone service
c service
$63.75
77.30
5,104.00
271.00
55.50
$5,571.55
$783.97
380.00
772.75
$1,936.72
$502.50
300.00
124.41
198.16
350.00
16.05
171.00
46.42
103.70
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9/20/10 PPL, elect ric service
9/20/10 Steve W.1 Nlyers, reimbursement for repairs of pick-up
truck
9/21/10 North Mi dleton Authority, water and sewer
10/12/10 Kevin M. ickard, expenses of public auction
10/19/10 PPL, elec 'c service
11/ 2/10 North Mi dleton Authority, water and sewer
11/23/10 PPL, elec 'c service
11/23/10 PPL, elec 'c service
12/ 8/10 York Was a Disposal, trash removal
12/16/10 PPL, elec is service
12/20/10 PPL, elec 'c service
1/ 3/11 North Mi dleton Authority, water and sewer
1/19/11 PPL, elec is service
1 / 19/ 11 PPL, elec is service
2/ 2/11 Erie Incur ce Group, homeowner's insurance
2/21/11 PPL, elec is service
2/21/11 PPL, elec 'c service
2/23/11 Cumberland Waterproofing, waterproofing basement
2/25/11 Cumberland Waterproofing, balance on waterproofing
2/28/ 11
2/28/11
3/ 2/11
3/17/11
3/22/ 11
basement
Terminix,
Erie
North Mi
York Wa
PPL, elec
;st treatment
ce Group, homeowner's insurance
eton Authority, water and sewer
Disposal, trash removal
;service
56.23
110.28
151.42
2,062.54
83.15
151.42
115.94
73.82
48.54
108.56
168.97
151.42
300.04
176.08
209.00
269.24
178.49
500.00
1,050.00
1,102.40
358.00
151.42
48.54
223.07
-5-
3/22111 PPL, elect $~ic service 141.63
4/ 5/11 PPL, elect ric service 58.79
4/ 5/11 PPL, elec 'c service 81.28
4/ 5/11 Register o Wills, file inheritance tax return 15.00
5/ 5/11 North Mi dleton Authority, water and sewer 151.42
6/ 7/11 Register o Wills, reserve for filing Account, etc. 450.00
TOTAL MINISTRATION EXPENSES $10,558.93
FEDERAL, STATE A LOCAL TAXES
8/12/10 Robin K. ollenberger, school real estate taxes $2,263.90
9/20/10 Register o Wills, estimated inheritance tax 13,000.00
3/ 2/11 Robin K. ollenberger, county and township real
estate tax s 550.00
4/ 5/11 United St tes Treasury, 2010 income tax 143.00
4/ 5/11 Register o Wills, Agent, inheritance tax x,432.05
TOTAL F DERAL, STATE AND LOCAL TAXES $18,388.95
FEES AND COMMISSI NS
6/ 7/11 Wayne F. Shade, Esquire, attorney fee $12,000.00
TOTAL F ES AND COMMISSIONS $12,000.00
TOTAL P~tiNCIPAL DISBURSEMENTS $48,456.15
PRINCIPAL DISTRIBUTIONS TO BENEFICIARIES
8/26/10 Tammy M. yers, 1956 Farma11450 tractor $6,000.00
8/26/10 Tammy M. yers, 1966 Farma11706 tractor 5.500.00
TOTAL P CIPAL DISTRIBUTIONS TO $11,500.00
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INCOME RECEIPTS
None
TOTAL INCIOME RECEIPTS None
INCOME DISBURSEMENTS
None
TOTAL INCOME DISBURSEMENTS None
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VERIFICATION
STEVE W. MYERS, Executor of the Will of Cloyd C. Myers, Deceased, hereby
declares under oath that lie 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 dining the accounting period; that all known claims against the
Estate have been paid in ~ull; that, to his knowledge, there are no claims outstanding
against the Estate; that al~ taxes presently due from the Estate have been paid; and that the
grant of Letters Testamentary and the first complete advertisement thereof occurred more
than four months before ~he filing of the foregoing First and Final Account.
This statement is Made subject to penalties of 18 Pa. C.S.A. §4904 relating to
unsworn falsification to
Date: July 5 , 2011
i
I'i Steve W. Myers
-8-
IN RE: ESTATE
CLOYD C. MYE
Deceased, Late o1
.Township of Norl
Cumberland Coin
S'~ATEMENT OF PROPOSED DISTRIBUTION
WAYNE F. SHADE
Attomry at Law
53 West Pomfret Street
Carlisle, Pem~sylvania
17013
The Exect
under the provisi
follows:
1. Steve
2. Teresa
3. Tammy
I, STEVE
hereby declare to
Distribution is tr
Date: July 5 ,
OF TN THE COURT OF COMMON PLEAS OF
ZS, CUMBERLAND COUNTY, PENNSYLVANIA
the ORPHANS' COURT DIVISION
i Middleton,
ty, Pennsylvania N0.21-10-747
proposes to distribute the entire balance of the Estate for distribution
of Item Second of the Last Will and Testament of the decedent, as
Myers, cash $60,144.29
Monismith, cash 60,144.29
M. Myers, cash after previous distribution of
.ors in kind 48.6 4.30
AL $168,932.88
. MYERS, Executor of the Estate of Cloyd C. Myers, Deceased,
;r penalty of perjury that the foregoing Statement of Proposed
and correct to the best of my knowledge, information and belief.
2011
Steve W. Myers
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