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
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PURSUANT TO 20 Pa.C.S.A. SECTION 3102
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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:
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(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
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0<1/30./2007
15:30
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NO. 941
[)03
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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
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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
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(7)
12/136/20137
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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 ~
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,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:
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