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HomeMy WebLinkAbout08-15-12 IN RE: ESTATE OF OLIVE JANETTE : IN THE COURT OF COMMON PLEAS HAAS EBERT, deceased :CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION N0.21-2010-0142 AUDITOR'S REPORT, July 31, 2012 AND REQUEST FOR ORDER To the Honorable Albert H. Masland: By your Order dated June 19, 2012, Your Honor appointed me Auditor in the above captioned matter following objections being filed to the First and Final Account of Sharon Taylor, executrice of the estate of Olive Janette Haas Ebert. I received the complete file from the Clerk of the Orphan's Court and reviewed the file, the accounting and the objections. I had my assistant contact the attorneys for the executrice and the Objector to establish a time and date for a preliminary telephone conference. On July 31, 2012, I held a telephone conference with Attorney Paul D. Daggs who represents the executrice of the estate and Attorney Matthew D. Menges who represent the Objector. After reviewing the matter with counsel and discussing the issues, the parties agreed to resolve the matter. I then contacted the third beneficiary, Dana Dagle-Lowe and she confirmed that she understood the objections and she was agreeable to the change in distribution which would reduce her proposed share from $26,820.81 to $22,916.66. The resolution was that the Estate would pay my fee and costs of $462.42 and the amount for distribution would be reduced from $80,462.42 to $80,000.00 and the balance would be ~ ~_ distributed to the three beneficiaries as follows: ~ a ,~ m ~ ~~ AL. ~ ~ ; to _n ti~ Sharon Taylor, beneficiary 22,916.66 ~~'' ~ =~ ~ [ ~ Dana Dagle-Lowe, beneficiary 22,916.66 ~ rv `'~ ~~ 1 D Deborah Heisler, beneficiary 34,166,68 The $7,500.02 increase to Deborah Heisler would come from a $3,750.01 c+edwction to both Sharon Taylor and Dana Dagle-Lowe. I have provided counsel and Dana Dagle-Lowe an advance copy of this report and have asked them to sign a concurrence with this report and the proposed Order, said concurrence is attached. Therefore I recommend that your Honor enter an Order authorizing distributions to the undersigned in the amount of $462.42, Sharon Taylor, beneficiary, in the amount of $22,916.66, Dana Dagle-Lowe, beneficiary, in the amount of $22,916.66, Deborah Heisler, beneficiary, in the amount of $34,166,68, and that the Objections be deemed withdrawn and the account, as amended, be accepted aad approved. I further recommend that if your Honor agrees with my recommendations, you enter Order accordingly and I have attached recommended order to accomplish the same. Respectfiilly submitted, 2 1237 Holly Pike Cazlisle, PA 17013 (717) 249-2448 JoeBLaw(a,aol.com IN RE: ESTATE OF OLIVE JANETTE HAAS EBERT, deceased IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO.21-2010-0142 ORDER AND NOW, this day of August, 2012, upon the recommendation of the Auditor in this case and the agreement of the executrice and all the beneficiaries it is hereby ordered that the Estate of Olive Jeanette Hass Ebert shall pay to Attorney Joseph D. Buckley, Auditor in this matter the sum of $462.42 which shall leave a balance in the said Estate's account of $80,000.00 for distribution to the three beneficiaries. The Estate shall immediately distribute the remaining balance of $80,000.00 to the following persons in the following amounts: to Sharon Taylor, beneficiary, in the amount of $22,916.66, to Dana Dagle-Lowe, beneficiary, in the amount of $22,916.66, to Deborah Heisler, beneficiary, in the amount of $34,166,68, and the Objections filed are hereby deemed withdrawn and the First and Final Accounting of Sharon Taylor, executrice of the Estate of Olive Jeanette Hass Ebert, as amended by the parties' agreement and this Order is deemed accepted and approved by the Court. BY THE COURT Joseph D. Buckley, Esquire, Auditor Clerk of Orphan's Court Paul D. Daggs, Esquire Matthew D. Menges, Esquire Dana Dagle-Lowe Albert H. Masland, Judge 3 IN RE: ESTATE OF OLIVE JENNETTE : IN THE COURT OF COMMON PLEAS HAAS EBERT, deceased :CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION N0.21-2010-0142 We, the undersigned, have reviewed the Auditor's Report and Proposed Order and had the opportunity to review it with our respective counsel and concur with the proposed changes to the First and Final Account and the change in Distributions as our agreement and that the Objects are withdrawn. a ~~ ~~ Date Paul D. Daggs, Esquire Attorney for Sharon Taylor, Executrice of Estate of Olive Jeanette Haas Ebert 68/ _~~~J Date Paui D. Daggs, Esq Attorney for Sharon Taylor, Beneficiary g13 Date Mathew D. Menges, Esquire Attorney for the Objector and Beneficiary Deborah Heisler _s 8~~2 Date Dana Dagle-Lowe, ficiary 4