HomeMy WebLinkAbout08-03-07
IN RE: ESTATE OF DARYL R. GRIFFIE
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
LATE OF THE SILVER SPRING TOWNSHIP
: NO. 21-06-0926
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PETITION FOR SETTLEMENT OF A SMALL ESTATE
PURSUANT TO 20 Pa.C.S.A. SECTION 3102
TO: THE HONORABLE JUDGES OF SAID COURT:
The Petition of Virginia L. Giordano respectfully represents that:
1. Daryl R. Griffie died on September 29, 2006, a resident of the Silver Spring
Township, Cumberland County, Pennsylvania.
2. Petitioner, whose address is 1324 Georgetown Circle, Carlisle, Pennsylvania,
17013, is the mother of the Decedent, and the Administratrix of the said Estate.
3. A Certificate of Grant of Letters Testamentary was issued to Petitioner by the
Register of Wills of Cumberland County, Pennsylvania, on October 20,2006.
4. Decedent's sole heir is his daughter, Alison R. Parker, who renounced her right to
administer the Estate.
5. At the time of Decedent's death, the only assets of which he was seized was as
follows:
2001 Mercury Marques
Members 15t Federal Credit Union
(Savings Account No. 33065-00)
$6,225.00
$ 260.68
Total
$6,485.68
6. Following Decedent's death funds were received to the credit of Decedent's
Estate as follows:
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White Circle Club contribution to funeral expense
Fraternal Order of Eagles contribution to funeral expense
State Auto Insurance Companies Refund
2006 Federal Income Tax Refund
Total
$ 200.00
$ 500.00
$ 239.00
$1,652.00
$2,591.00
7. The aforesaid assets, which total $9,076.68, are the only assets of which Decedent
was seized at the time of his death or which were received to the credit of
Decedent's estate after his death.
8. Debts of the Decedent at the time of his death, and payment of debt by Decedent
processed after death, are as follows:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
G)
(k)
(1)
(m)
(n)
(0)
(P)
(q)
(r)
(s)
(t)
(u)
TOTAL
Probate fees paid and anticipated
Cumberland Valley Memorial Gardens (opening/closing)
Funeral Expenes to Ewing Brother Funeral Home
Cumberland Valley Memorial Gardens (plaque)
The Sentinel - Advertising
The Cumberland Law Journal - Advertising
The Sentinel -Thank you ad
The Clean-Up Shop-(Car clean-up for sale)
Members 1 st Federal Credit Union (Auto loan)
Mas land Associates
Members 1 st Federal Credit Union
(Visa account no. 4121 44999833 0653)
Yellow Breeches EMS, Inc.
Carlisle Regional Medical Center
Members 1 st Federal Credit Union
Carlisle Emergency Medicine
* Cingular Wireless
*Yellow Breeches EMS Inc.
*Masland Associates, Inc.
*Lancaster HMA Physicians Management Central P A
*Members 1 st Federal Credit Union
* A TM Withdrawals
$ 146.00
$ 1500.00
$ 7769.35
$ 2065.00
$ 137.03
$ 75.00
$ 73.20
$ 125.00
$ 5867.78
$ 161.00
$ 2057.20
$ 100.00
$ 3700.00
$ 150.00
$ 68.00
$ 153.30
$ 100.00
$ 100.00
$ 100.00
$ 200.00
$ 505.00
* Checks/Withdrawals processed post-death
$26,152.86
9. Of the assets listed in paragraph number 6, the contributions from the White
Circle Club and the Fraternal Order of Eagles were paid directly to the funeral!
home for purposes of contribution toward the funeral expenses.
10. Of the assets listed in paragraph 5 herein, the 2001 Mercury Marquis was
encumbered with a vehicle loan due and owing to Members 1st Federal Credit
Union, which is referenced in paragraph 8 as debt (i).
11. The vehicle was sold to pay the aforesaid debt, leaving a balance of $357.22, from
which the dealership who performed the service of selling the vehicle, solely
retained a fee for vehicle clean-up of$125.00, leaving a balance of$232.12 which
was distributed to the estate from William H. Wessels Used Cars Inc.
12. The asset listed in paragraph number 5 as the Members 1st Federal Credit Union
savings account in the amount of $260.68, was appropriately applied by Members
1 st Federal Credit Union to the loans and indebtedness due to that Credit Union
from the Decedent, which debts exceeded the amount of the funds in savings.
13. Of the assets listed in paragraph 5 and 6 above, only the refund check from State
Auto Insurance in the amount of $239.00, the refund check from the Internal
Revenue Service in the amount of $1,652.00, and the refund check from William
H. Wessels Used Cars Inc., in the amount of$232.13 are actual assets available to
the estate.
14. The indebtedness listed in paragraph 8 (a) through (g) was paid from the separate
funds of the Petitioner, the Administrix of the estate.
15. The indebtedness listed in paragraph 8 (P) through (u) were paid by Decedent!
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prior to his death, but processed through his Members 1 st Federal Credit Union
checking account after death.
16. There are no assets available to pay the indebtedness listed in paragraph 8, G)
through (0).
17. There are no additional assets from which any additional distributions can be
made from the estate, nor from which additional payments can be made to any
indebtedness of Decedent, as the estate debts exceed the estate assets, causing this
to be an insolvent estate.
18. The creditors listed in paragraph 8 G) through 8 (0) have been given more than
two week's notice of the intention to file this Petition by providing them with a
copy of the new Petition so that they may file claims prior thereto in the event that
they oppose this Petition.
19. There are no additional claimants or creditors of whom Petitioner has knowledge
who have not received full compensation.
20. Although this is an insolvent estate, a Pennsylvania Inheritance Tax Return has
been filed, but no tax was due.
21. The Notice of Inheritance Tax Appraisement, Allowance or Disallowance of
Deductions and Assessment of Tax from the Pennsylvania Department of
Revenue is attached hereto and incorporate herein by reference as Exhibit "A,"
indicating no tax is due, and the Return has been accepted by the Department.
22. Advertisement of the Estate in the Cumberland Law Journal and The Sentinel, a
newspaper of general circulation in the community where the Decedent had lived,
was made on November 10, November 17, and November 24, 2006, in the
Cumberland Law Journal, and on November 1, November 8, and November 15,
2006 in The SentineL
23. Neither Petitioner nor any other party has taken a Family Exemption, as it was
determined there was no entitlement to a Family Exemption.
24. Due to the financial circumstances of the estate, no estate account has been
opened with any financial institution.
25. The Federal Income Tax Refund in the amount of $1,652.00 made payable to
Petitioner and Decedent, the refund check from State Auto Insurance Companies
in the amount of $239.00 made payable to Decedent, and the check from William
H. Wessels Used Cars Inc., in the amount of$232.13 made payable to the Estate
of Daryl R. Griffie.
26. Pursuant to 20 Pa.C.S.A. 93102, the Court should authorize Petitioner to liquidate
the aforementioned assets and reimburse those funds to Petitioner for the funds
she advanced for the cost of the administration of the estate and indebtedness of
the Decedent as previously stated.
27. As no additional claims have been filed of record by the unpaid creditors, it is
appropriate to approve the Settlement of this Estate with no distributions to the
heirs and with no additional distributions or payments on the debts set forth herein
which have not previously been paid.
WHEREFORE, Petitioner requests your Honorable Court to approve settlement
of this estate with no disbursements to any named heirs, with payment of the indebtness
as hereinbefore set forth, with nonpayment of creditors as hereinafter set forth, and with
distribution of the aforementioned estate or Decedent's assets to Petitioner.
. Griffie, Esquire
omey for Petitioner
200 North Hanover Street
Carlisle, P A 17013
(717)243-5551
(800)347-5552
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
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