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HomeMy WebLinkAbout10-31-12IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA ORPHANS' COURT DIVISION FILE N0.21-11-0507 ESTATE OF ANNA C. ZIEGLER PETITION FOR APPROVAL OF THE SUPPLEMENTAL ACCOUNT OF Manufacturers and Traders Trust Company and Jack W. Ziegler, Co-Executors AND NOW COMES your Co-Executors, Manufacturers and Traders Trust Company and Jack W. Ziegler, by and through their attorney, Saidis, Sullivan & Rogers and aver as follows: 1. Your Petitioners are Manufacturers and Traders Trust Company and Jack W. Ziegler, Co- Executors of the above captioned estate (hereinafter "Co-Executors"). 2. The Co-Executors filed their First and Final Account, which was confirmed, without objection, by Your Honorable Court on October 9, 2012. 3. On October 9, 2012, after confirmation, the Co-Executors discovered an accounting error, which overstated the amount available for distribution by $50,152.01. 4. The accounting error arose by reason of improper credits and debits, upon the sale of the decedent's real estate, on August 29, 2012, which was in close proximity to the preparation of the First and Final Account on September 4, 2012. 5. The Supplemental Account of the Co-Executors, reflecting the appropriate corrections, is attached hereto, made a part hereof and marked Exhibit "A". 6. No one objected to the confirmation of the Co-Executors First and Final Account on October 9, 2012. 7. All taxes and debts of the decedent have been paid in full. 8. Each of the heirs of the estate has consented and approved the Supplemental Account of the Co- Executors, without further notice to them. The Consents of all heirs are attached hereto, made a part hereof and marked Exhibits "B", "C" and "D". WHEREFORE, the Co-Executors pray Your Honorable Court to confirm the Supplemental Account of the Co-Executors, which is submitted to correct the accounting~rrpr, without further notice. u~ Respect ~ ly ubmitted, t~ c~ V v? F-- .j f"} ~~. ~~ ~ ~ `- ~' ci r~~ Rob aidis, Esquire ( `~ c -'- - ~~ ~~ c~ ~ 26 est High Street ~;~,, ~ Carlisle, PA 17013 ° 717-243-6222 «~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. ORPHANS' COURT DIVISION FILE NO. 21-11-0507 ESTATE OF ANNA C. ZIEGLER SUPPLEMENTAL ACCOUNT OF Manufacturers and Traders Trust Company and Jack W. Ziegler, Co-Executors Date of Death: March 16, 2011 Date of Executor's Appointment: April 21, 2011 Date of First Complete Advertisement: The Sentinel May 7, 19 and 21, 2011 Cumberland Law Journal May 20, 27 and June 3, 2011 Accounting for the period: September 9, 2012 to October 9, 2012 Purpose of Account: The Co-Executors offer this Account to acquaint interested parties with 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: James A. Smiley, Asst Vice President Manufacturers and Traders Trust Company One West High Street Carlisle, PA 17013 (717) 290-9505 Or Jack W. Ziegler 1132 Centerville Road Newville, PA 17291 Or Saidis, Sullivan & Rogers 26 West High Street Carlisle, PA 17013 - 1 - Exhibit "A" SUMMARY OF ACCOUNT PRINCIPAL Receipts Less Disbursements: Debts of Decedent Administration - Misc. Exp Balance before Distributions Distributions to Beneficiaries Principal Balance on Hand For Information: Changes in Holdings PAGES 3 4 4-5 6 7 8 INCOME Receipts Less Disbursements Balance before Distributions Distributions to Beneficiaries Income Balance on Hand COMBINED BALANCE ON HAND Verification 12-13 Proposed Principal Distribution Sch. 14 Proposed Income Distribution Schedule 15 $ 347,988.93 $ 500.00 32.580.41 -33.080.41 $ 319,408.52 -100.000.00 $ 214,408.52 9 $ 96.88 10 -.36 $ 48.52 11 -48.52 $ .00 - 2 - $ 214,406.52 ------------------ ------------------ PRINCIPAL RECEIPTS SUBSEQUENT RECEIPTS ASSETS AS PER FIRST AND FINAL ACCOUNT ADJUDICATED: 931 West North Street, Carlisle, PA, Cumberland County Deed Book Reference 20-V-706 $ 150,000.00 Principal Cash 213,336.93 $ UNUSED RESERVES: 09/05/12 Manufacturers and Traders Trust Company - Co-Executor Fee $ 15,826.00 09/05/12 Jack W. Ziegler - Co-Executor Fee 7,913.00 09/05/12 Saidis, Sullivan & Rogers - Attorney Fee 7,913.00 09/05/12 Reserve for Contingencies 1,000.00 09/05/12 Cumberland County Register of Wills - Filing Fee 1,500.00 $ ADJUSTMENTS: 09/05/12 431 West North Street, Carlisle, PA, Cumberland County Deed Book Reference 20-V-706 - Adjustment to Book Value to Reflect 8/17/12 Partial Payment Received from Jack W. and Darlene Ziegler Toward Purchase $ TOTAL PRINCIPAL RECEIPTS 363,336.93 34,152.00 -50,000.00 $ 347,986.93 - 3 - DISHURS&NII8NT8 OF PRINCIPAL DEBTS OF DECEDENT Jack W. Ziegler 10/01/12 Payment for Hail Damage to 931 West North Street, Carlisle, PA $ 2,043.28 10/01/12 Insurance Proceeds for Hail Damage to 431 West North Street, Carlisle, PA -1,593.28 S 500.00 $ 500.00 ADMINISTRATION - MISC. EXPENSES Borouch of Carlisle - Water & Sewer Expense 431 West North Street, Carlisle, PA 10/03/12 Final Bill Cumberland County Register of Wills 09/07/12 Filing Fee for First and Final Account Jack W. Ziegler - Services at 431 West North Street, Carlisle, PA 10/03/12 Final Mowing and Trimming of Shrubs PPL Electric - Electricity Expense 431 West North Street, Carlisle, PA 09/07/12 $ 31.67 09/20/12 Final Bill 46.84 RESERVES: Manufacturers and Traders Trust Company - Co-Executor Fee $ 15,826.00 Jack W. Ziegler - Co-Executor Fee 7,913.00 FORWARD $ 23,739.00 $ 72.90 280.00 995.00 60.51 928.41 $ 500.00 - 4 - DISBURS&t+~NTB OF PRINCIPAL (coat'd) FORWARD $ 23,739.00 $ 928.41 $ 500.00 ADMINISTRATION - MISC. EXPENSES (cont'd) RESERVES: (cont'd) Saidis, Sullivan & Rogers - Attorney Fee 7,913.00 31,652.00 32,580.91 TOTAL DISBURSEMENTS OF PRINCIPAL $ 33,080.41 --------------- --------------- - 5 - DISTRIBUTIONS OF PRINCIBAL TO HENEFICIARIE3 Jack W. and Darlene Ziegler - Distribution 09/07/12 431 West North Street, Carlisle, PA, Cumberland County Deed Book Reference 20-V-706 TOTAL DISTRIBUTIONS OF PRINCIPAL TO BENEFICIARIES $ 100.000.00 $ 100,000.00 --------------- --------------- - 6 - PRINCIPAL BALANC& ON HAND CASH (AUTOMATICALLY INVESTED) FIDUCIARY VALUE AT ACQUISITION 10/09/2012 VALUE S 214,408.52 S 2~4.4~R.59 TOTAL PRINCIPAL BALANCE ON HAND $ 214,408.52 $ 214,408.52 THE ABOVE CASH IS CURRENTLY INVESTED IN Wilmington Prime Money Market Fund Select Shs - 7 - CHANG88 IN PRINCIPAL HOLDING3 431 West North Street, Carlisle. PA. Cumberland County Deed Book Reference 20-V-706 09/05/12 0 Adjustment to Book Value to Reflect 8/17/12 Partial Payment Received from Jack W. and Darlene Ziegler Toward Purchase 0 Received 09/07/12 0 0 Distributed 0 ACCOUNT VALUE S -50,000.00 150.000.00 S 100,000.00 -100.000.00 $ 0.00 - 8 - RECEIPTS OF INCOi~ ASSETS AS PER FIRST AND FINAL ACCOUNT ADJUDICATED: Income Cash Wilmington Prime Monev Market Fund Select Shs 10/01/12 Interest TOTAL RECEIPTS OF INCOME 42.20 6.68 $ 48.88 --------------- --------------- - 9 - DI38IIRSF.b~NTS OF INCOb~ Manufacturers and Traders Trust Company - Commission 09/17/12 TOTAL DISBURSEMENTS OF INCOME - l0 - $ .36 -------------- -------------- DISTRIBIITIONS OF INCOI~ TO BENEFICIARIES Jack W. Ziealer - 1/3 Share of Residue as ner Paragraph Fourth of the Will 10/01/12 $ 16.18 David F. Ziealer - 1/3 Share of Residue as per Paragraph Fourth of the Will 10/01/12 16.17 Carole L. Rish - 1/3 Share of Residue as per Paragraph Fourth of the Will 10/01/12 16.17 TOTAL DISTRIBOTIONS OF INCOME TO BENEFICIARIES $ 48.52 --------------- --------------- Manufacturers and Traders Trust Company By A~ ~. _ es A. Smiley, Asst V ce President o-Executor of the Estate of Anna C. Ziegler, Deceased and By r ~~~~ JadK W. Ziegler// ~/ Co-Executor of (/the Estate of Anna C. Ziegler, Deceased - 11 - VERIFICATION Manufacturers and Traders Trust Company and Jack W. Ziegler, Co-Executors of the Will of ANNA C. ZIEGLER, deceased, hereby declare under oath that they have fully and faithfully discharged the duties of their offices; 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 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 the filing of the foregoing First and Final Account. This statement is made subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. JW , (/l . Ma acturers and Traders T st Company Dated: l ~ ~f y / ~ 0~~ - 12 - V&RIFICATION (cont'd) Manufacturers and Traders Trust Company and Jack W. Ziegler, Co-Executors of the Will of ANNA C. ZIEGLER, deceased, hereby declare under oath that they have fully and faithfully discharged the duties of their offices; 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 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 the filing of the foregoing First and Final Account. This statement is made subject to penalties of 16 Pa. C.S.A. Section 9909 relating to unsworn falsification to authorities. ~'~,~/ l ~ (/t/i J ck W. Ziegl Dated: DC/~, ~~ i ~17~ - 13 - P?~POgtg PRT_NCIP~ DISTRTA^-'d`ION SC~DLTI~* Market Value as of 10/9/2012 Total Principal Balance on Hand $ 214,408.52 Previously Distributed Property 931 West North Street, Carlisle, PA, Cumberland County Deed Book Reference 20-V-706 Personal Property Jack W. Ziegler - 1/3 Share of Residue as per Paragraph Fourth of the Will 431 West North Street, Carlisle, PA, Cumberland County Deed Book Reference 20-V-706 (Distributed 09/07/2012) Personal Property (Distributed 03/17/2011) Principal Cash David F Ziegler - 1/3 Share of Residue ~s Der Paragraph Fourth of the Will Personal Property (Distributed 03/17/11) Principal Cash Carole L Rish - 1/3 Share of R a~due a per Paragraph Fourth of the Will Principal Cash TOTAL THE ABOVE CASH IS CURRENTLY INVESTED IN Wilmington Prime Money Market Fund Select Shs $ 100,000.00 S 3,930.00 $ 317,638.52 $ 100,000.00 $ 2,810.00 $ 3,136.17 $ 105,946.17 $ 620.00 $ 105,326.17 $ 105,946.17 $ 105,946.18 $ 105,946.16 $ 317,838.52 Fiduciary Acquisition Value $ 214,408.52 $ 100,000.00 $ 3,430.00 $ 317,838.52 $ 100,000.00 $ 2,810.00 S 3,136.17 $ 105,946.17 $ 620.00 $ 105,326.17 $ 105,946.17 $ 105,946.18 $ 105,946.18 $ 317,838.52 - 14 - PROPOSED INCCNE DI3TRIHDTZON SCHEDIILE Market Value Fiduciary as of Acquisition 10/9/2012 Value Total Income Balance on Hand 50.00 50.00 Jack W. Ziegler - 1/3 Sh are of Residue as per Paragraph Fourth of the Will David F. Ziegler - 1/3 S hare of Residue as Der Paragraph Fourth of the Will Carole L. Rish - 1/3 Sha re of Residue as ner Paragranh Fourth of the Will $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 ALL INCOME WAS PREVIOUSLY PAID OUT SEE PAGE 11 - 15 - VERIFICATION I verify that the statements made in the foregoing instnament are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Manufacturers and Traders Trust Company DATED: I ~ Ig Zd(Z v~ • e~~''~~' James A. Smiley, Asst. V. VERIFICATION I verify that the statements made in the foregoing instrument are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. ~.~ l~~~z DATED: ~ f i B .Jack VJ. Ziegl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA ORPHANS' COURT DIVISION FILE NO. 21-11-0507 ESTATE OF ANNA C. ZIEGLER CONSENT TO SUPPLEMENTAL ACCOUNT OF Manufacturers and Traders Trust Company and Jack W. Ziegler, Co-Executors The undersigned heir of Anna C. Ziegler, deceased, hereby consents to the filing of the Supplemental Account of Manufacturers and Traders Trust Company and Jack W. Ziegler, Co- Executors (Supplemental Account) in the above captioned matter. The undersigned certifies that she/he: 9. Has reviewed the Supplemental Account thoroughly. 10. Waives any further notice of the filing of the Supplemental Account with the Court. 11. Has received an adequate explanation of the accounting errors contained in the First and Final Account; and 12. Desiree the Court to confirm the Supplemental Account without further hearing. IN WITNESS WHEREOF, the undersigned heir has signed this Consent. fitness Heir of Anna C. Ziegler ck W. Z' g r Date Exhibit "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA ORPHANS' COURT DIVISION FILE NO. 21-11-0507 ESTATE OF ANNA C. ZIEGLER CONSENT TO SUPPLEMENTAL ACCOUNT OF Manufacturers and Traders Trust Company and Jack W. Ziegler, Co-Executors The undersigned heir of Anna C. Ziegler, deceased, hereby consents to the filing of the Supplemental Account of Manufacturers and Traders Trust Company and Jack W. Ziegler, Co- Executors (Supplemental Account) in the. above captioned matter. The undersigned certifies that she/he: 1. Has reviewed the Supplemental Account thoroughly. 2. Waives any further notice of the filing of the Supplemental Account with the Court. 3. Has received an adequate explanation of the accounting errors contained in the First and Final Account; and 4. Desires the Court to confirm the Supplemental Account without further hearing. IN WITNESS WHEREOF, the undersigned heir has signed this Consent. Heir of Anna C. Ziegler !0 2`S / W tnesa David F. Zi$c a Da e Exhibit "C" ~ IN THa COIIRT Os Cpl10®T QI+3A$ OP C f.'0O~1'1'Y, PA • OEPH]1~T9~ COIIRT DIVISION i!'II~ D1C. 21-11-OS07 SBTAT~ O!' l1NNA C . 8Y8GLER C~SaNT TO SUPPLnQl1TAY. ACCOWiT O! ][aantsatusyra sad Traders Trust Cospaay sad Jack iP. Zi.~gler, Co-Pssoators The undersigned heir of Anna C. Ziegler, deceased, hereby consents to the filing of the Supplemental Account of Manufacturers and Traders Treat Company and Jack W. Ziegler, Co- Executors (Supplemental Account) in the above captioned matter. The undersigned certifies that she/he: 5. Has reviewed the Supplemental Account thoroughly. 6. Waives auy further notice of the filing of the Supplemental Account with the Court. 7. Has received an adequate explanation of the accounting errors contained in the First and Final Account; and 8. Desires the Court to confirm the Supplemental Account without further hearing. IN WITNESS WHEREOF, the undersigned heir has signed this Consent. Heir of Annna C. Ziegler G., QQ.1~1, 1. ~~ ~ ~~ BC~ ~~ Witness Carole L. R.ish Date L Exhibit "D"