HomeMy WebLinkAbout05-16-13 - 3.� 3�9� �/
. ,
DECEDENT'S ESTATE
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
;�,�;
� �., �
c � �►
o r�t
� � -� � r�
�� �
ESTATE OF ANNA E. YOHE , DE��� �` � �
�
f--� .,,,,, �.-, �--� �:..r:, �.�,�
� �
� � �J �`"''t' ,.<�.�}
No. 2012-01314 � G�' � ,�
�.,. • .�":
�,-~v ,..,,, -;°� -,;.. `-�
�,�` ;;� i�'. � � .. �'�
� � �',. �� ."`t'�
-�y ,..
� ,,.��:�. _'�.. *,.�s�
..,._ iW,•;,`
PETITION FOR ADJUDICATION/ � Y��
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.
INCL UDE ATTACHMENTS AT THE BACK OF THIS FORM.
Name of Counsel: THOMAS E. FLOWER
Supreme Court I.D.No.: g3993
Name of Law Firm: FLOWER LAW,LLC
Address: 10 W. HIGH STREET
Telephone: (�17)243-5513
Fax:�717)241-4021
Fo�oc-o� rev.10.13.06 Page 1 of 10
Estate of ANNA E. YOHE ,Deceased
1. Name(s)and address(es)of Petitioner(s):
Name: CHARLES W.YOHE LINDA K.YOHE
Address: 145 CORNWALL HOLLOW RD. 101 SUMMER LANE
WEST CORNWALL,CT 06796 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:
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 OCTOBER 22, 2012
� Letters Testamentary or �Letters of Administration were granted to Petitioner(s)on
DECEMBER 18. 2012
Date of Will (if applicable): NOVEMBER 20, 1973
Date(s) of Codicil(s) (if applicable): NONE
Date of probate (if different from date Letters granted): N/A
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: DEC. 21 & 28, 2012 &JAN 4, 2013;
DEC. 28, 2012 & JAN. 4& JAN. 1 l, 2013.
Form OC-Ol rev.10.13.06 Page 2 of 10
Estate of ANNA E. YOHE , Deceased
3. Was decedent survived by a spouse? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �Yes �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 s�. 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):
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)? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � es 0 No
Y
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 ANNA E. YOHE , 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 Parry in Interest I Relationship and Comments,if any I Interest
Edgar G. Yohe SON 1/3 OF RESIDUE, IF
1823 Jupiter Street THE ESTATE HAD
Lakeland, FL 33801 BEEN SOLVENT
Linda K. Yohe DAUGHTER 1/3 OF RESIDUE,IF
. 101 Summer Lane THE ESTATE HAD
Enola,PA 17025 BEEN SOLVENT
Fo►m oc-o� rev.10.13.06 Page 4 of 10
Estate of ANrTA E. YOHE , Deceased
Name and Address of Each Party in Interest I Relationship and Comments,if any I Interest
Charles W. Yohe SON 1/3 OF RESIDUE,
145 Cornwall Hollow Road IF THE ESTATE
West Cornwall,CT 06796 HAD BEEN
SOLVENT
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.
Form OC-01 rev. 10.13.06 Page 5 of 10
Estate of ANNA E. YOHE ,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 Amount of Claim Claim Will Claim
Admitted? Be Paid In
Full?
PA DEPARTMENT OF WELFARE 82,398.04 �Yes �Yes
MEDICAL ASSISTANCE ESTATE �No 0 No
RECOVERY
�Yes �Yes
�No �No
�Yes �Yes
�No �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 �No
Was family exemption allowed? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �Yes �No
Family exemption claimant's name and relationship:
Name: Relationship:
Form OC-01 rev.10.13.06 Page 6 of 10
Estate of ANNA E. YOHE , 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
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 m 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:
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.
Fo�oc-o� rev.10.13.06 Page 7 of 10
Estate of ANNA E. YOHE , Deceased
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.
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: 5��.��
Pur�'ose: ESTIMATED WATER, SEWER AND ELECTRIC BILLS FROM END
OF ACCOUNTING PERIOD UNTIL SALE OF REAL ESTATE
SCHEDULED FOR JUNE 24, 2013.
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 0 No
If so, attach a copy of the notice.
19. Is the Court being asked to direct
the filing of a Schedule of Distribution? . . . . . . . . . . . . . . . . . . . . . . . . . . �Yes �No
As to real estate only? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �Yes �No
Fo�oc-o� rev.10.13.06 Page 8 of 10
.
Estate of ANNA E. YOHE , 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
NONE
B. Principal:
Proposed Distributee(s) Amount/Proportion
NONE
Submitted By:
(All petitioners must sign.
Add additional lines if necessary):
.
Name of Petitioner: CHA ES W. OHE
.
Name of Petitioner. LINDA K. YOHE
Fornt OG01 rev.10.13.06 Page 9 of 10
.
�
.
Estate of ANNA E. YOHE , Deceased
Verification of Petitioner
(Verification must be by at least one petitioner.)
The undersigned hereby verifies * �t�'lat he/she is r;rre
of the above-named name of�orporar�on 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. § 4904 (relating to unsworn
falsification to authorities).
G�- �,.
Signature of Petitione
*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 Petitioner
Fo�oc-o� rev.10.13.06 Page 10 of 10
PROOF OF PUBLICATION
State of Pennsylvania, County of Cumberland
Jackie Cox,Sales Director,of The Sentinel,of the County and State aforesaid,being duly
sworn, deposes and says that THE SENTINEL,a newspaper of general circulation in the
Borough of Carlisle,County and State aforesaid,was established December 13�, 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 was printed and
published in the regular editions and issues of
THE SENTINEL on the following day(s):
December 21,28,2012&Tanuary 4,2013
COPY OF NOTICE OF PUBLICATION
��:
`�;s
,y `
� i
_. , . . . , .�. .i,�.
..^'�, . �r�.., .�
���. Affiant further deposes that he/she is not
� 'r ' ����:��.��`�������� `��'" interested in the subject matter of the
.� �
F � . ..�s .
aforesaid notice or advertisement,and that
- .
A. x. . �' � �; k�;�� " all allegations in the foregoing statement as
�`� ����'����;� ���� k ���� to time,place and character of publication
h �T�R✓TtT!k^�E'� .
Siux
�, ��, �.�� �� ar ue. �
1 i
;�' �� , ����
,�: .�v"�°s..",{s°�+MF'�d'{�S�'��;'�
-.'� ':�, "�`^�'���#re�Y:3c�`•'�`1��''wr'�9e�._�..•,�.ta? ....
. t . ,.�.. , -., ,>..
Sworn to and s ribed before me this
�
Z� �
Notary Public
My commission expires:
"'�--�"�,.�.��.:a,�,�,
� NOTA�I�1L SE^����� ._�,��_u..
BAMBI ANN NECKENUORN a
�
CARLISLE BGROUGN'PUb(ic
f�1y Commissfon ExpCUsl�dnR2a'yD CNiy
�.,.�k�� , 2�14
�,�� =�:.a
.
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA :
: ss.
COUNTY OF CUMBERLAND •
.
Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid,being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Caxlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
December 28, 2012 and January 4, and Januarv 1 l, 2013
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time,place and character of publication are true.
�-
. Lis Marie Coyne, Editor
SWORN TO AND SUBSCRIBED before me this
11 day of Januarv, 2013
�
�-.. �
,� �
� � • .
.� � -
_.. Notary �'
Yohe,Anaa E.,dec'd.
Late of Silver Spring Township.
Co-Executors: Charles W. Yohe NOTARlAL SEAL
and Linda K.Yohe c/o Thomas E. pEgpRAH A COLLINS
Flower,Esquire,Flower Law,LLC, Notary Pubiic
10 West Higkl Street,Carlisle,PA
17013. CARLISLE BOR�UGN,C�MBEfiLAf�D COUNTY
Attorneys:Flower Law,LLC. My Commission Expires Apr 28,2014
�.,.......�.,..�.,,.�..�.��
.��379��
�
FIRST AND FINAL ACCOUNT OF
LINDA K.YOHE & CHARLES W. YOHE
EXECUTORS FOR THE
ESTATE OF ANNA E. YOHE
NO. 2012-01314
Date of Death: OCTOBER 22, 2012
Date of Executor's Appointment: DECEMBER 17, 2012
First Complete Advertisement of
C'rrant of Letters DECEMBER 28, 2012
Accounting for the Period: DECEMBER 17, 2012—MAY 15, 2013
Purpose of Account: Linda K. Yohe and Chaxles W. Yohe, Executors, offer this account to acqua.int
interested parties with the transactions that have occurred during their administration.
It is important that the account be carefully examined. Requests for additional information or
questions or objections can be discussed with:
Thomas E. Flower,Esquire
FLOWER LAW, LLC
10 West High Street
Carlisle,PA 17013
(717) 243-5513
:--�.;
� � �' � �~�n
: � � � � �
m � � c c�a :.�
.�:
:�7 � � 3_._,� b...i. ;.�.�
�. G� �;, ��.
C!'3 %�
� a � � .w�,
—.�,
� � t:.) ._:� �' �t
.:. �-.. � � ...
,��
F..,4 `i
a. .r�'�
� � ,. i'��.r �,.('
� �� a a... ��-�f ���
M 4.� •/
;
1
SUMMARY
Proposed Distribution to Beneficiaries: (NONE.)
Page
No.
PRINCIPAL:
Receipts: 3 33,379.41
Less Disbursements:
Debts&Funeral Expenses 3 (6,596.42) 26,782.99
Administrative Expenses 4 (4,008.81) 22,774.18
Fees and Commissions 4 (3,668.97) 19,105.21
Items to be Disbursed 4
Expenses (517.64) 18,587.57
Debts (18,587.57) 00.00
2
1
PRINCIPAL RECEIPTS
02/O1/2010 House& Lot at 69 W. Main Street,
New Kingstown, Silver Spring Twp...................29,000.001
Kevin M. Wickerd Auctioneer,
net proceeds sale of household furnishings..............2,786.56
Claremont Nursing&Rehab Center,
patient care account balance.................................528.85
Medicare Part B reimbursement............................850.00
PNC Bank checking account#50-7008-7078............202.23
Misc. refund........................... ................... 11.77
TOTAL PRINCIPAL RECEIPTS: 33,379.41
DISBURSEMENT OF PRINCIPAL
DEBTS &FUNERAL EXPENSES:
Myers-Buhrig Funeral Home,professional svcs. 2,728.00
George's Cleaners, dry-clean burial garment 44.00
: Trinity Church,Memorial luncheon 200.00
Gingrich Memorials, engraved headstone 1,566.20
Claxemont Nursing& Rehab Center 2,058.22
TOTAL DEBTS &FUNERAL EXPENSES: (6 596.42 26,782.99
ADMINISTRATION EXPENSES:
Probate Fees 182.50
Executor's Notices 264.54
Filing Fee, Inheritance T�Return 15.00
PA American Water 116.5 8
Township Sewer Fees 319.04
PPL Electric 13 5.17
HB McClure,heating fuel 614.85
Westfield insurance, initial fire ins. policy 102.00
Millville Mutual,vacant house fire ins. policy 292.00
1 The property is in poor condition and requires extensive renovation due to sagging frame,dry rotted joists,lack of
insulation and lack of second-floor heating system,and substandard electrical wiring. The property is under contract for sale
at the price stated,to unrelated parties,with performance made contingent on confirmation of the instant Final Account.
3
t
2012/13 School Real Estate Taxes 1,320.49
2013 Local/County Real Estate Taxes 486.64
Account Filing&Adv't. Fees 130.00
Register's Automation&JCP Fees 15.00
Filing Fee,Petition for Adjudication 15.00
TOTAL
ADMINISTRATIVE EXPENSES: (4,008.81) 22,774.18
FEES AND COMMISSIONS:
Executors' commissions: 1,668.97
Attorney Fees,Flower Law,LLC 2.000.00
Tota1 Fees&Commission:
(3z668.97) 19,105.21
ITEMS TO BE DISBURSED:
Administrative Expenses:
Reserve for estimated water, sewer& PPL until settlement 500.002
Realty Transfer Tax 290.00
Less prorated r/e taxes to be returned at Settlement (272.36)
Total Expenses to be disbursed:
(517.64) 18,587.57
Debts:
Pa. Dept. of Public Welfare, in partial satisfac3ion 1 g,587.57) 00.00
of Medical Assistance Esta.te Recovery Cla.im �
2 Any unused portion will be added to the amount available for payment to the Pa.Department of Public Welfare.
3 The total amount of the Department of Welfare's claim is aclalowledged($82,298.04).
4
.
7
Affidavit
Charles W. Yohe, Jr. and Linda K. Yohe, Executors under the Last Will and
Testament of Anna E. Yohe, deceased,hereby declare under oath that they have fully
and faithfully discharged the duties of their office; 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, which are shown
as pa.id in the foregoing account,have been paid in full; that,to their knowledge,there
are no claims now outstanding against the estate, except as disclosed in the foregoing
account; and that a11 taxes presently due from the esta.te have been paid.
�
,
�3
Charles W. he, Exec tor
Sworn to and subscribed before me
this�day of , 2013.
�r-----_
otary ublic
JOYCE RtlkC1C1LA HART
1VpTdRY PUBLIC
1�Y�0#�tSSiON EXPIRESFEB.28��'�S
. �
Linda . ohe, Executor
Sworn to and subscribed before me
this i.�` day of M , 2013.
Notary Public
GOMMONIN�AL,TH QF PENNSYLVANlA
NOTARIAL SEAL
THCIMAS E.FI.OWER,Notary Public
Cariisi�Boro.,Cumberland County
My CQmmission Expir'e�_4�zoh�r2� �
5