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HomeMy WebLinkAbout05-10-13 :I 19,2(ya- -oc) DECEDENT'S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF SYDNEY R. FISHER ., DECEASED No. 21-11-0869 c m s' © M r 7 rri � � N III 7 i a n C PETITION FOR ADJUDICATION/ C. rcr ;n, o ca STATEMENT OF PROPOSED DISTRIBUTION a PURSUANT TO Pa. O.C. Rule 6.9 G) 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 A TTA CHMENTS AT THE BACK OF THIS FORM. Name of Counsel: Robert G. Frey Supreme Court I.D. No.: 46397 Name of Law Firm: Frey & Tiley Address: 5 South Hanover St., Carlisle, Pennsylvania 17013 Telephone: 717-243-5838 Fax: 717-243-6441 Form OC-01 rev. 1013.06 Page I Of 10 Estate of SYDNEY R. FISHER Deceased. I. Name(s) and address(es) of Petitioner(s): 5 Name: Seth T.Fisher Stefanie Smith Address: 156 Crossroad School Rd. 318 Pitt St. Newville,PA 17241 Enola,PA 17025 Identify any executors or administrators who have not joined in the Petition for Adjudication and Statement of Proposed Distribution and state reason: Julie Yardis who does not agree with charges made to her share_ 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 22, 2011 Letters Testamentary or []Letters of Administration were granted to Petitioner(s) on August 11,2011 Date of Will (f applicable): February 12, 1981 Date(s) of Codicil(s) (if applicable): N/A Date of probate (if different from date Letters granted): N/A Was a bond required?[]Yes RI 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: Sentinel:Aug. 30, Sept. 6 and 13, 2011 Cumberland Law Journal: August 26, September 2 and 9, 2011 Formacor rev. 10.13.66 Page 2 of 10 Estate of SYDNEY R. FISHER Deceased 3. Was decedent survived by a spouse? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Oyes Ej No If yes, name of the surviving spouse: 4. Has the surviving spouse filed to take an elective share? . . . . . . . . . . . . . []Yes []No (See Section 2201 et sue. 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 (:f none, so state): N/A 6. Did decedent marry after execution of Will or Codicil(s)? . . . . . . . . . . . []Yes 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? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes ® No Form OC-01 rev. 10.13.06 Page 3 of 10 Estate of SYDNEY R. FISHER 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,ifany I Interest Seth T. Fisher, 156 Crossroad Son 1I3 School Rd.,Newville, PA 17241 Stefanie Smith, 318 Pitt Street Daughter 113 Enola, PA 17025 Farm nC-01 rev. 10.13.06 Page 4 of 10 6 Estate of SYDNEY R. FISHER Deceased .Name and Address of Each Party in Interest I Relationship and Comments if any I Interest Julie Yardis, PO Box 995, 1/3 Carlisle, PA 17013 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. None. C. State why a Petition for Guardian/Trustee Ad Litem has or has not been filed for this Audit (see Pa. 0.C. Rule 12.4). N/A 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. N/A Form OC-07 rev. 10,13.06 Page 5 of 10 Estate of SYDNEY R. FISHER 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 I Amount of Claim I Claim I Will Claim Admitted? Be Paidln Full? None ®Yes ®Yes []No C]No ®Yes ®Yes ®No ®No ®Yes ®Yes []No [I No ®Yes ®Yes []No 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. 11. Was family exemption claimed? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ®Yes RINo Was family exemption allowed? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ®Yes ERNo Family exemption claimant's name and relationship: Name: Relationship: Form oC-01 rev. l 0.13.06 Page 6 of 10 Estate of SYDNEY R. FISHER 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 February 21, 2013 $5,431.64 $135.85 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 R)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: None known. 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 SYDNEYR. FISHER Deceased 16. Had the decedent been adjudicated an incapacitated person? . . . . . . . . . . ® Yes [g 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. NIA 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 $3,000 .00 Purpose: Any taxes or miscellaneous expenses owed. No reserve is requested for counsel 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. 19. Is the Court being asked to direct the filing of a Schedule of Distribution? . . . . . . . . . . . . . . . . . . . . . . . . . . R)Yes ®No As to real estate only? . . . . . . . . . . . . . . . . . . . . . Oyes Kg No Farm OC-01 rev.10.13.06 Page 8 of 10 Estate of SYDNEY R. FISHER 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) Amount/Proportion Seth T. Fisher 1/3 Stefanie Smith 1/3 Julie Yardis 1/3 B. Principal: Proposed Distributee(s) Amoun/Proportion Seth T. Fisher 1/3 + 1/2 of charge to Yardis Stefanie Smith 1/3 + 1/2 of charge to Yardis Julie Yardis $4,574.81 Submitted By: (All petitioners must sign, Add additional lines if necessary); Name of Petitioner:�t . T. Fisher -- �Y�l-fnittuv�Jt _ Name of etitioner: Stefanie Smith Form OC-01 rev. 10,13.06 'Page 9 of 10 Estate of SYDNEY R. FISHER Deceased Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that he/she is tune of the above-named name of corporation 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. § 4404 relating to unsworn falsification to authorities). 1 tZ�ct2 Signature of Petitioner *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 Pet ' ner Farm aC-01 rev.10-13.06 Page 10 of 10 FIRST AND FINAL ACCOUNT OF STEFANIE SMITH, SETH T. FISHER AND JULIE R. YARDIS, EXECUTORS OF THE LAST WILL AND TESTAMENT OF SYDNEY R. FISHER, LATE OF NORTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, DECEASED DATE OF DEATH: LETTERS TESTAMENTARY ADVERTISED: 7/22/11 CUMBERLAND LAW JOURNAL Aug 26, Sept 2, and Sept 9, 2011 FILE NO.: THE SENTINEL 21-11-0869 Aug 30, Sept 6 and Sept 13, 2011 PRINCIPAL RECEIVED - REAL ESTATE `2 n rn ?: CD Accountant charges themselves with the following principal amounts received: m z C5 -° 1;i 1'fi CD Date 2013 r113 r rrf F.._ 21-Feb Personal Residence - Sold February 21, 2013 c�5 U 148 Crain Drive, Carlisle, PA 17013 Tax Parcel No.: 29-16-1094-038 2010 Tax Assessment: $140,000.00 Gross Sale Price to Merrick: $85,000.00 85,000.00 TOTAL PRINCIPAL RECEIVED - REAL ESTATE: 85,000.00 - PRINCIPAL RECEIVED - PERSONAL PROPERTY Accountant charges themselves with the following principal amounts received: Date 2011 . 16-Aug Personal Checking Account M &T Bank No.: 9850787541 20,921.80 Firs t-Final-Fisher.xls Page 1 31-Aug Refund from the Sentinel and Highmark 192.99 16-Sep Refund from Erie Insurance 3,705.67 26-Sep Deposit for Oldsmobile 1,200.00 1-Oct Deposit for Buick 2,300.00 9-Oct Deposit for Headstone 2,595.00 2012 20-Oct Seth Fisher Deposit 536.25 7-Nov Refund from Erie Insurance 566.00 2013 20-Feb Real Estate Tax Proration 517.07 1-Apr Refund of Homeowner's Insurance Policy 319.00 Forthcoming Sale of Exxon Mobile Stock 1,352.00 TOTAL PRINCIPAL RECEIVED - PERSONAL PROPERTY: 34,205.78 INCOME RECEIVED Accountant charges themselves with the following income amounts received: Date 2011 19-Sep Exxon Dividend 7.52 27-Dec Exxon Dividend 7.52 2012 4/4 Exxon Dividend 7.52 14-Jun Exxon Dividend 9.12 12-Sep Exxon Dividend 9.12 2013 First-Final-Fisher.xls Page 2 1/27 Exton Dividend 9.12 3/12 Exxon Dividend 9.12 TOTAL INCOME RECEIVED 59.04 DISBURSEMENTS Accoutant claims credit for the following amounts paid: Date 2011 17-Aug Hoffman-Roth Funeral Home and Crematory Check No.: 95 9,658.49 17-Aug Mt. Rock Inpatient Services - Check No.: 96 68.62 17-Aug Century Link- Check No.: 97 9.40 17-Aug Comcast - Check No.: 98 8.87 31-Aug PPL Electric Utilities - Check No.: 99 89.00 10-Sep Erie Insurance Group - Check No.: 100 300.00 26-Sep Keith Sheriff- Check No.: 101 CASH 1,150.00 29-Sep Kough's Oil Service - Check No.: 102 510.00 30-Sep PPL- Check No.: 103 88.99 1-Oct York Waste Disposal - Check No.: 104 49.73 14-Oct Floyd Halteman - Check No.: 105 225.00 19-Oct Bob House Repairs - Check No.: 106 300.00 21-Oct Env. Mainhart Sewer Line - Check No.: 107 1,500.25 24-Oct North Middleton Authority - Check No.: 108 91.42 10-Nov North Middleton Authority - Check No.: 109 82.30 6-Dec Carlisle M. Services - Check No. 110 2,695.00 9-Dec House Repairs - Check No.: 111 5,000.00 First-Final-Fisher.xls Page 3 27-Dec York Waste Disposal - Check No. 112 49.73 2012 7-Jan North Middleton Authority- Check No.: 113 82.30 7-Jan Paul Stone - Check No.: 114 150.00 5-Mar North Middleton Authority- Check No.: 115 82.30 16-Mar Robin K. Sollenberger,Tax Collector- Check No.: 116 375.79 22-Mar PPL- Check No. 117 11.54 23-Mar York Waste Disposal - Check No.: 118 49.73 31-Mar House Repairs - Check No.: 119 500.00 14-Apr Barry Smith - Check No.: 120 140.00 25-Apr PPL- Check No.: 121 17.34 29-Apr Clarence Smith - Check No.: 122 122.00 5-May North Middleton Authority- Check No.: 123 82.30 9-Jun PPL- Check No.: 124 14.34 13-Jun North Middleton Township - Check No.: 125 139.00 13-Jun Jeremiah P. Boyer- Check No.: 126 500.00 25-Jun PPL- Check No.: 127 19.08 -- 25-Jun York Waste Disposal - Check No.: 128 49.73 3-Jul Jeremiah P. Boyer- Check No.: 129 600.00 11-Jul North Middleton Authority- Check No. 130 82.30 21-Jul PPL- Check No.: 131 42.84 1-Aug Paul Stone Windows - Check No.: 132 175.00 1-Aug Robin Sollenberger,Tax Collector- Check No.: 133 534.07 3-Aug House Repairs - Check No.: 134 227.49 First-Final-Fisher.xls Page 4 27-Aug PPL- Check No.: 135 51.92 27-Aug Robin K. Sollenberger,Tax Collector - Check No.: 136 534.07 8-Sep North Middleton Authority - Check No.: 137 82.30 13-Sep Disbursement to Julie Yardis by Julie Yardis 300.00 19-Sep Disbursement to Julie Yardis by Julie Yardis 300.00 19-Sep Disbursement to Julie Yardis by Julie Yardis 200.00 21-Sep Disbursement to Julie Yardis by Julie Yardis 400.00 22-Sep Robin K. Sollenberger,Tax Collector - Check No.: 138 534.08 22-Sep PPL- Check No.: 139 48.69 24-Sep Disbursement to Julie Yardis by Julie Yardis 400.00 27-Sep Disbursement to Julie Yardis by Julie Yardis 400.00 4-Oct Erie Insurance Fire Ins. 566.00 2-Oct Disbursement to Julie Yardis by Julie Yardis 301.50 3-Oct Disbursement to Julie Yardis by Julie Yardis 800.00 4-Oct Disbursement to Julie Yardis by Julie.Yardis 500.00 4-Oct Disbursement to Julie Yardis by Julie Yardis 200.00 28-Nov Kough's Oil Service - Check No.: 141 566.00 2013 20-Feb Closing Costs for Sale of 148 Crain Drive 6205.92 20-Feb Final Amount to North Middleton Township as stated on HUD-1 settlement statement 92.80 20-Feb Inheritance Tax Payment as stated on HUD-1 settlement statement 7,500.00 20-Feb �teservehetd.#g ar esters l anc1 7 5t act,'. o lot finalcYt burse 3,500.00 22-Feb Discover Bank on behalf of Julie Yardis 8,438.03 22-Feb Attorney Fees to Frey &Tiley 3,000.00 First-Final-Fisher.xls Page 5 22-Feb Reimbursment to Frey &Tiley on attached Report/Receipts 598.66 22-Feb Recording cost to Register of Wills to record Inheritance Tax Returr 15.00 21-Mar Satisfaction document recorded at Register of Wills 10.00 To be paid Reimbursement to Seth Fisher per attached expense sheet 1,464.58 8-Apr American Express 4,608.61 To be paid 3,000.00 TOTAL DISBURSEMENTS..*** 70,492.11 RECAPITULATION Total Principal Received 119205.78 Total Income Received 59.04 Total Disbursements (70,492.11) Balance 48,772.71 Uess:atieiiatQ€1: o�i;Nlc3eSa3e. Q :;FivaE; st > at ;:;:;:;:;: (1,352.00) ...•.......:..•..: ......•......•..........•... ... . .......... ..........•. Total for partial distribution 47,420.71 Less equivalent distribution to Stefanie (Withdrawals from Acct) (3,801.50) Less equivalent distribution to Stefanie (Discover Card) (8,438.03) Less equivalent distribution to Stefanie (American Express ) (4,608.61) Less equivalent distribution to Seth (Withdrawals from Acct) (3,801.50) Less equivalent distribution to Seth(Discover Card) (8,438.03) Less equivalent distribution to Seth (American Express ) (4,608.61) Balance 13,724.43 PARTIAL SCHEDULE OF DISTRIBUTION (PREPARED 3/22/13) 1) Stefanie Smith 318 Pitt Street,Enola,PA 17025 Equivalent disbursement as disbursed to Julie Yardis 3,801.50 Equivalent disbursement as disbursed on behalf of Julie Yardis 8,438.03 Equivalent disbursement as disbursed on behalf of Julie Yardis 4,608.61 1/3 Residuary from balance of partial distribution 4,574.81 21,422.95 First-Final-Fisher.xls Page 6 2) Julie R. Yardis 148 Graham Drive, Carlisle, PA 17013 1/3 Residuary from balance of partial distribution 4,574.81 3) Seth T. Fisher 156 Crossroad School Road, Newville, PA 17241 Newville, PA 17241 Equivalent Disbursement as disbursed to Julie Yardis 3,801.50 Equivalent disbursement as disbursed on behalf of Julie Yardis 8,438.03 Equivalent disbursement as disbursed on behalf of Julie Yardis 4,608.61 1/3 Residuary from balance of partial distribution 4,574.81 21,422.95 COMMONWEALTH OF PENNSYLVANIA SS.: COUNTY OF CUMBERALND Before me, the undersigned officer, personally appeared Stefanie Smith, Executor of the Last Will and Testament of Sydney R. Fisher, Deceased, who, being duly sworn according to law, desposes and says that the foregoing First and Final Account and Proposed Schedule are true and correct to the best of her knowledge, information and belief. Stefanie Smith Sworn to and subscribed before me thisZ1 day of A ��` 1� '20/ 3 OOMMONWEALTN OF PENNSYLVANNI NOTARIAL SEAL ROBERT G-PREY,Nopiy PuMC Bvouph Of Cereals,Cumh dMd CwNy RO My Cunmsvon E.Nm Jvic f 2019 Fi rst-Final-Fisher.xls Page 7 COMMONWEALTH OF PENNSYLVANIA SS.: COUNTY OF CUNIBERALND Before me, the undersigned officer, personally appeared Julie R. Yardis, Executor of the Last Will and Testament of Sydney R. Fisher, Deceased, who, being duly sworn according to law, desposes and says that the foregoing First and Final Account and Proposed Schedule are true and correct to the best of her knowledge, information and belief. Julie R.Yardis Sworn to and subscribed before me this day of r � i First-Final-Fisher.xls Page 8 COMMONWEALTH OF PENNSYLVANIA SS.: COUNTY OF CUMBERALND Before me, the undersigned officer, personally appeared Seth T. Fisher, Executor of the Last Will and Testament of Sydney R. Fisher, Deceased, who, being duly sworn according to law, desposes and says that the foregoing First and Final Account and Proposed Schedule are true and correct to the est of his knowledge, information and belief. Seth T. Fisher Sworn to and subscribed before me thisZ y of an COMMON W FALTM OF PENNSMANIft NOTARIAL SEA. ROBERT G.FREY.N0hgP913 t Saoaph of CaAida,Cw&-4 at CwMPA My CRmmus wExp=A at M4 First-Final-Fisher.xls Page