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HomeMy WebLinkAbout12-05-07 IN RE: ESTATE OF ELETHA P. COOK : COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : ORPHANS' COURT DIVISION : NO. 2007-00059 : PA NO. 21-07-0059 LATE OF THE WEST PENNSBORO TOWNSHIP PETITION FOR SETILEMENT OF A SMALL ESTATE ~ = = --i (; ,- i,ll , ':/.';:::::" o 1"'\ (J I Ul PURSUANT TO 20 Pa.C.S.A. SECTION 3102 ,j TO THE HONORABLE JUDGES OF SAID COURT: The Petition of Beverly C. Wagner, George R. Cook and David O. Cook respectfully represents that: 1. Eletha P. Cook died on September 24, 2006, a resident of the West Pennsboro Township, Cumberland County, Pennsylvania. 2. Petitioners' addresses are as follows: Beverly C. Wagner, 213 Brick Church Road, Newville, Pennsylvania, 17241; David O. Cook, 2113 Wooden Bridge Road, Three Springs, Pennsylvania, 17264; and George L. Cook, 2748 Ritner Highway, Carlisle, Pennsylvania, 17013. 3. The Petitioners are the three children of the Decedent and serve as Co- Administrators of the Decedent's estate, as well as being the sole beneficiaries of the estate. 4. A Certificate of Grant of Letters of Administration was issued to Petitioners by the Register of Wills of Cumberland County Pennsylvania, on January 17, 2007. 5. At the time of Decedent's death, the only assets of which she was seized was as follows: -0 :Jt - .. Ul o :7_1 i'C,1 C) ",-) "D i~'\ l~jJ ,-.:J .,1'1 :,:'q '._ ') t ::> -.1 ,,\ (a) Note payment from Tammy Cook $ 20.00 (b) First National Bank of Greencastle Checking Account #52 03819 $ 7,502.80 (c) Cash on hand $ 83.20 TOTAL $ 7,606.00 6. Following Decedent's death, the following assets were received into the estate: (a) Note balance due and payable from Tammy Cook $ 2,617.00 (b) Note balance due and payable from Richard Cook $ 2,800.00 (c) Knobsville Burial Association $ 303.00 (d) Northern Fulton Burial Association $ 975.00 (e) Needmore Burial Association $ 550.00 (t) Presbyterian Homes refund of overpayment $ 40.00 (g) Interest earned on checking account after death $ 3.66 TOTAL $ 7,288.66 7. The aforesaid assets are the only assets of which Decedent was seized at the time of her death and the only assets received into the estate after death. 8. Petitioners paid from the estate assets the following debts: (a) M. R. Brown Funeral Home $ 7,840.00 (b) Everett Marble & Granite Works, Inc. $ 106.00 (c) Personal representatives commission $ 745.00 (d) Attorney's fees to Griffie & Associates $ 1,500.00 (e) Probate fees $ 117.00 (f) Advertising fees to the Sentinel $ 181.86 (g) Advertising fees to Cumberland Law Journal $ 75.00 (h) Greenwood Village (nursing home care) $ 1,185.37 (i) Graham Medical Clinic Medical Services $ 21.80 G) Continuing Care (medication) $ 206.20 TOTAL $11,978.23 9. There is an outstanding bill for legal fees in the amount of $564.50 to Griffie & Associates incurred prior to Decedent's death, which is not being paid. 10. There is an outstanding claim to the Department of Public Welfare for a Medicaid lien in the amount of $15,190.15. 11. Mter payment of the debts set forth above in paragraph 8, the balance remaining in the estate for distribution to the Department of Public Welfare on the Medicaid lien is $2,916.43. 12. By correspondence, dated April 24, 2007, from the Department of Public Welfare, Bureau of Financial Operations, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A", the Department has confirmed that they will accept the balance remaining in the estate for payment of their existing claim after the administrative expenses have been paid. 13. The balance due and available for payment to the Department of Public Welfare is $2,916.43, which Petitioners shall pay over to the Department of Public Welfare upon confirmation of this Petition. 14. As such, Petitioners will have paid all known estate debts and expenses from the estate assets, with the exception of the outstanding legal fees to Griffie & Associates, which accrued prior to the Decedent's death. 15. There are no assets from which any additional distributions can be made from the estate and the assets in the estate satisfy the statutory requirement for a "Small Estate. " 16. A Pennsylvania Inheritance Tax Return has been filed in this estate and approved by the Department of Revenue, confirming that this is an insolvent estate. 17. As the Notice of Inheritance Tax Appraisement, Allowance or Disallowance of Deductions and Assessment of Tax from the Pennsylvania Department of Revenue attached hereto and incorporated herein by reference as Exhibit "B", indicates, the Inheritance Tax Return and the fact that no tax is due has been accepted by the Department. 18. Advertising of the estate was completed for three consecutive weeks In the Cumberland Law Journal and in the Sentinel as required by law. 19. Upon disbursement of $2,916.43 from the estate checking account, the estate checking account will be depleted and there will be no additional funds for distribution to the heirs. WHEREFORE, Petitioner requests your Honorable Court to approve settlement of this estate with the distributions previously made and with the sole remaining disbursement to the Department of Public Welfare in the amount of $2,916.43. Respectfully submitted, r' ie, Esquire rth nover Street Carlisle, P A 17013 (717)267 -1350 (800)347-5552 Ii i j 11 0<1/30./2007 15:30 1I . ~ 1......-.___- NO. 941 [)03 . COMMONWEAL'''' OF PENNSVlVANIA OEPARTIllEAIr OF 1'1IJli.1C WEI.f.A/lE DU~u or. ~II'U\NClAl OPli/lATIO"IS OMSIOlO OJ' 'J}!IRO 'ARTY LIABlllt)' IESTAlE RECO\Il!Ih' PROOAAM PO BOX 8488 I,Wt~tSIlLlRG. F'A 17105-e-86 hpril 24, :l007 DALE F SHUGHART t JR 10 WEST HIGH STREET CARLISLE PA 17013 Re; ~LETW\. COOK CIS 11: 950178952 SSN: 169-38-5';;.58 D~te of Death: 09/24/2006 Dear Attorney Shughart Jr.; This letter is to adviae you that according to the information you provided to our office regarding the aBsete of tbe above-r@ferenced estate, the Department of public Welfare will accept the balance remaining in the estate for payment of our existing claim after the ~imini5trative expenses. Please provide aD accounting of the expenses with payment to The Depart.ment. Please bave the check. madE! payable to the Departlllent of Public Welfare and forwaraed to my atcention at the above address. Your cooperation in resolving this matter is appreciaeed. Sibcerely, ~~ Elaine L. Andrews for Michael Macaluso Fiscal Supervisor 717 -772 - 6624 717-772-6553 FAX !. ., m ~ J\ 19 -L::L- ~ 1D-29-2007 COOK 1l9-24-20D& 21 07-0059 CUMBERLAND 101 DATE; 12-28-2007 (See rf!!! 'Ie side 'md~r Objeclio1lS) Auunt R8111t~edr I MAKE CHECK PMYABLE AND REMIT PAYMENT TO: REGrSTERloF WILLS CUHaERlA~D co COURT HOUSE CARLISLE~ PA 171l1~ fYL~!-!lt'~_T!fJ~_ Htf.!=_. u ---::'!. _ _ ~~!~!~_ ~g~~!_ ~Q~!!~~. ~!?!_!~~~_~ R~H~P~ __~_ _ _ _ __ _ __. __ _ _ _ 0_ ___ REV-1S47 EX AFP (OS-OS) NOnCE OF 'INHERITANCE TAX APPRAISEME T, AllOWANCEQR .. . DISALLOWANCE OF DEDUCTIONS AND ASSESS ENT OF TAX ESTATE OF COOK ElETI4A P fiLE NO. 21 07-0059 ACN 101 DATE 10-29-20C7 I ( ) fllANiED ORIGINAL RETURN I CD (2) I (3) I (4) j (5)~ (oS) . (7) 12/136/20137 10: 11 r BUREAU O~ tNDIVIDUAl TAXrs INIIERITAIlCE TAlC DI\lISIDfI PO IIIl[ 21mnl ~U6U1lG PA 17121-;601 COMMONWEALTH OF PEHNSYLVAN~A DEPARTMENT OF REVENUE ! WOfrcE OF tMHERlTAHCE TAX ! APP~AlSE"ENT, ALLOWANCE D~ DlSALLOW~NCE OF DfDUCTIOhS 4ND 4SSESS~~NT D~ t4k i B~ADLEY L GRIFFIE GRIFFIE ~ ASSOtS 2DC )i/ HANOVER Sf CARLISLE DATE ESTATE OF DATE OF DEAT FILE NUMBER COUNTY ",eN ESQ PA 17013 TAX RETURN WAS: (.X 1 ACCEP1Ell AS FIL~D RESERVA1IOH CONCERNING FUTURE IHTE~EST - SEE REVERSE APPRAISED VALUE OF RETURN JASED ON: 1. Rial Estate (Scbedule A) 2. $fock~ ~nd )onds (Schedule B) 3. C1Q~ely HOld Stack/Pa~tne~~h1p IntB~Qst ($e~odulo C) G. "ortO.9.~/Hotos Roc~1~abl1 CSch~d~lo D) 5. easb/tank DQP.sits/H1~c. Pe~sDnal Proporty (Schedul~ E) ,. Jointly Ovn.~ Pro.erty (SehDdula F) 7, Transfers (Soh.dull ;) 8. Tot.l 4sSBts NO. 485 002 . lfBl-ll;47 EX AFP (Of.OSl El..ETHA P .00 .00 .00 5,437. () 0 9,1454.00 .DO .00 NOTE: To insure Dropor cr.djt to YO~t lecount, submIt thO upper portlo" of t~~~ form with your tlX llaYOIc"t. APPROVED DEDUCTIONS AND EXEMPTIONS: 9. I'1II"or.1 EXPBns":SI'A4m, CQ,sts/Hlsc. EXPon:;..,. CS,,"edule HJ (9) lO. D.bts/Ho,.tS~9. UabiH UO.:l/I....n.G CSched14le I) (1 D) 11. 15!! . 02 11. Totsl neaunhl'lS I (11) l2. Het Value Of To~ R.turn (12) U. C":lrHabl./tov~"."!.'lD..tal ll..".\!l!.!!t.~,.. ~~,.,-g1acte<! 'll~_ l.!:,,;1::o (SCWh8I!U.I.I.~" ~t ..... <(ll~.)) 14. Net Value af Estato $ub~.ct t. Tax ~ NOTE:" l'f "an-i'sse-s,Stient" was !ululd previoUSlY, lines 14'-i5'11'nd/or16~ 17, 18 21nd reflect figures that include tho total of Ahh ret~rn$ assessed to date. ASSESSptENT OF TAX: 15. .IID14nt of 1..1nlil l' Ilt Spousal "ue (5) .00 x 00 '" H. Mount af 1..1n. 14 taxaDU U Lineal/ClU. 1\ rate (16) I. DO X 0~!5 ~ 17. A.llount of line Iii at Slblinll rilto (17) I. DO X 12 ; 18. AI!11>ul\t of Una l4 talC"blo ot ClIl1aUrlll/Clas,s B rate ea, 1.00)( 15 . l~. P"incipal Tox tll18 I (19)= PA liE T CE D T + I)AT'lt NUI'IJER t/lTEREST/PEI/ PAIIl C-) [e) 14.891.00 lO~5'4.8& A"OU~T PAIn 27.737 II~ 12,841.88- ,Oil 12,841.86~ 19 will .CO .00 .1l0 .00 .00 TOTAL TA Ct~nIT BALANC~ O~ TAX DUE INTFREST ~ND PEN. TOTAL I DUE . IF PAID AFTER DATE II/PleATED FDR eAI..CUlATIOW DF AtlPlT\ONA ~ ~ ~ !i) ~ ,CO .00 .00 .00 TorAL pu~ IS LESS TH ~ ~1. He PAVKEN7 IS REQUIRED. TOTAL DUE a Il~FLGCT D AS A "CREIlIT" (CR). YOU HAY DE DUlt ----Ii- 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. DATE: /),,) b~ oj ~ b. &L~<k~ BEVERLY .WAGNER a 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. L9~~ ~ DAVID O. COOK DATE: 1\~()7 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. DATE: //-lJ- 0 7 . A -GEOI~~~ /f dr'-