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Home My WebLink About03-0228IN RE: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF BEATRICE J. : LUCISANO, : Deceased : ORPHANS' COURT DIVISION NO. 21-03-228 R Petition and exhibits thereto, it is hereby ORDERED and DECREED as follows: (1) The Order dated May 24, 2004, appointing William A. Duncan, Esquire, as an Auditor in the above captioned matter is hereby VACATED; (2) The First and Final Account of Teresa L. Roman, Executor of the Estate of Beatrice J. Lucisano, deceased, is hereby CONFIRMED. p.j. F>F1LES DATAF[ LE',ESTATES 11003- I.Petition to Vacate Order Created: 09/09i95 04:49:29 PM Revised: 09/28/04 02:27:55 PM IN RE: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF BEATRICE J. : LUCISANO, : Deceased : : ORPHANS' COURT DIVISION : NO. 21-03-228 ' PETITION TO VACATE ORDER APPOINTING AUDITOR AND TO CONFIRM FIRST AND FINAL ACCOUNT AND NOW, the petition of the Executor of the Estate of Beatrice J. Lucisano, Deceased, Teresa L. Roman, by and through her attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, represent as follows: 1. Petitioner is the Executor of the Estate of Beatrice J. Lucisano, Deceased, pursuant to the duly probated Last Will and Testament dated October 2, 2002. 2. A First and Final Account for the Estate of Beatrice J. Lucisano, Deceased, was filed with this Court on or about March 26, 2004. 3. Objections to the Account were timely filed on behalf of Lawrence and Anthony Lucisano (the "Objectors"). 4. On May 24, 2004, this Court appointed William A. Duncan, Esquire, as Auditor in the above captioned matter. A true and correct copy of the Order is attached hereto as Exhibit "A." 5. On September 16, 2004, counsel to the Objectors sent a letter to counsel to the Executor and to the Auditor indicating that the Obi ectors are withdrawing their obi ections to the First and Final Accounting. A copy of the letter is attached hereto as Exhibit "B." 6. Given the objectors withdrawal of their objections, this Court should vacate its Order appointing the Auditor and confirm the First and Final Account. WHEREFORE, Petitioner respectfully requests that the Court vacate the appointment of William A. Duncan, Esquire, as Auditor and confirm the First and Final Account of Teresa L. Roman, Executor of the Estate of Beatrice J. Lucisano. Respectfully submitted, MAR~.q~~~F WILLIAMS & OTTO By ~ \ Ivo V. Otto III, Esquire PA Attorney I.D. No. 27763 Carl C. Risch, Esquire PA Attorney I.D. No. 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Petitioner Date: September 28, 2004 2 AT AN ORPHANS' COURT, Began on the 27th day of April A.D. 2004, and holden at Carlisle, in and for Cumberland County, before the Honorable George E. Hoffer, President and Sole Judge the following proceedings were held to wit: THE PETITION IN RE: PETITION FOR APPOINTMENT OF AUDITOR DECREE The background of this Decree is as follows: 1. A First and Final Account for the Estate of Beatrice J. Lucisano, Deceased, was filed with this Court on or about March 26, 2004; and 2. Objections to the Account were timely filed on behalf of Lawrence and Anthony Lucisano (the "Objectors"); and 3. Counsel for the Estate of Beatrice J. Lucisano and counsel for the Objectors have stipulated and agreed that the appointment of an auditor is necessary and proper, and that the cost of the auditor be split between the parties; and 4. Counsel for the Estate previously identified to the Court those persons whom they believe cannot serve as an auditor/master because of actual or potential conflicts of interest; and 5. Counsel have consulted with each other and have agreed upon the form and substance of this Decree. NOW, THEREFORE, this 24th day of May, 2004, it is hereby ORDERED and DECREED that William A. Duncan, Esquire, is appointed as auditor and master ( collectively "Auditor") in the above captioned proceeding. The Auditor is specifically directed to investigate all issues of fact raised in and related to the Objections, and to report findings of fact, conclusions of law and recommendations to the Court with respect to the Objections. The Auditor is further directed to examine and audit the First and Final Account for the Estate of Beatrice J. Lucisano and to make recommendations to the Court with respect thereto. Exhibit "A" The Auditor is empowered to take such action and shall follow such procedures as provided for: (1) In the Probate, Estate and Fiduciaries Code, (2) in the Orphans' Court Rules adopted by the Supreme Court of Pennsylvania, and (3) in the Local Rule of Court. The Auditor shall file his report within ninety (90) days unless, upon application, the time is extended by the Court. The Auditor shall be entitled to reasonable compensation for his time and expenses. Compensation for the Auditor shall be set at the rate of $150.00 per hour. Invoices shall be rendered monthly and paid, initially, by the Objectors (1/2) and the Executor of the Estate (1/2)jointly. Responsibility for payment of the Auditor's compensation shall be subject to possible subsequent modification by the Court. The Auditor is further directed to consult with counsel as soon as practicable and thereafter establish a case management schedule setting forth discovery deadlines, hearing dates and other case management directives as he deems appropriate. The case management schedule may be changed by the Auditor on his own, or, in his discretion, upon application by any party. BY THE COURT: /S/George E. Hoffer, P.J. Commonwealth of Pennsylvania County of Cumberland William Duncan, Esquire, being duly sworn according to law, deposes and says that he will perform the duties of auditor in the above estate with fidelity: · Audito~ Sworn and Subscribed to before me this t ''J -day of \ '~,/'V~-A~_ , 2004, Clerk of Orphans Court Cumberland County, Pennsylvania. MAIN OF~=ICE LAW OFFICES NATIONAL COLLECTION A~-I'ORNEY NETWORK AFFILIATED FIRM LOCATIONS rNOT BRANCH Two I.W.GTO. CE.T.E W O L P O F F & A B R A M S O N, L. L P. OFFICES OF WOLPOFF & ABRAMSON. L.L.P,] * 702'KING FAR~I BLVD ROCKVlLLE, MD 20850 ' Attorneys in the Practice of Debt Collection MERRILLVILLE, INDIANA CLEVELAND, OHIO BRANCH OFFICES (A National Collection Attorney Network Firm) CHICAGO, ILLINOIS OKLAHOMA CITY~ OKLAHOMA 10605 JUDICIAL DR., BLDG. A-5, FAIRFAX, VA 22030 KANSAS CITY, KANSAS EUGENE, OREGON 1108 E. MAIN ST., STE. 1003, RICHMOND, VA 23216 267 E. MARKET STREET LEXINGTON, KENTUCKY PROVIDENCE, RHODE ISLAND 5122 GREENWICH RD., VIRGINIA BEACH, VA 23462 YORK, PA 17403 METAIRIE, LOUISIANA COLUMBIA, SOUTH CAROLINA 919 N. MARKET ST., STE. 1300, WILMINGTON, DE 19899 NEEDHAM, MASSACHUSETTS KNOXVILLE, TENNESSEE 1954 GREENSPRING DR., STE. 400, TIMONIUM, MD 21093 (TOLL FREE) SOUTHFIELD, MICHIGAN HOUSTON, TEXAS 1 V.N..LEY BANK BLDG., BOX 1226, C!.ARKSBURG, WV 26302 M IN N EAPO LIS, M IN N ESOTA SAN DY, UTAH 267 E. MARKET ST., YORK, PA 17403 1:800-758-0675 ST. LOUIS, MISSOURI MILWAUKEE, WISCONSIN NATIONAL COLLECTION ATI'ORNEY NETWORK GREAT FALLS, MONTANA RAWLINS, WYOMING AFFILIATED FIRM LOCATIONS [NOT BRANCH FACSIMILE (717) 848-1146 OMAHA, NEBRASKA * The National Collection OFFICES OF WOLPOFF & ABRAMSON, L.L.P.1 * LAS VEGAS, NEVADA BIRMINGHAM, ALABAMA ENGLEWOOD, COLORADO PLEASE DIRECT ALL INQUIRIES TO MANCHESTER, NEW HAMPSHIRE Attorney Network ia an affiliation ANCHORAGE, ALASKA FT. LAUDERDALE, FLORIDA YORK OFFICE CEDAR KNOLLS, NEW JERSEY of separate law firms. SYOSSET, NEW YORK W&A Hours of Operation: PHOENIX, ARIZONA NORCROSS, GEORGIA RALEIGH, NORTH CAROLINA 8 a.m. - 11 p.m.E.S.T. M-F CABOT, ARKANSAS HONOLULU, HAWAII FARGO, NORTH DAKOTA SAN DIEGO, CALIFORNIA BOISE, IDAHO DANIEL F. WOLFSON, ESQUIRE (PA) 9/16/2004 Carl C. Risch, Esquire 10 E. High St. Carlisle, PA 17013 RE: Larry & Anthony Lucisano Dear Mr. Risch: This letter is to confirm our conversation on September 16, 2004 whereby I had indicated to you by telephone my clients, Larry Lucisano and Anthony Lucisano's, intend to withdraw the legal action in regards to the estate of Beatrice J. Lucisano. My understanding pursuant to the will is that both Larry and Anthony Lucisano are due Eight Thousand and 00/100 ($8,000.00) Dollars. Although your client has claimed expenses, my opinion is that if the full Eight Thousand and 00/100 ($8,000.00) Dollars was paid to both Larry and Anthony Lucisano it would help to heal the wounds of this litigation. Thank you for your cooperation in this matter and if you have any questions or concerns please don't hesitate to contact the undersigned. Very Truly Yours, DFW/llb cc: William A. Duncan, Esq. Larry Lucisano Anthony Lucisano CERTIFICATE OF SERVICE I, Carl C. Risch, hereby certify that I have, on the below date, caused a tree and correct copy of the foregoing to be served upon the following in the manner indicated: FIRST CLASS MAIL Daniel F. Wol£son, Esquire 267 East Market Street York, PA 17403 MARTSON DEARDORFF WILLIAMS & OTTO BYca!~ PA Attorney I.D. No. 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Petitioner Date: September 28, 2004 F:XFILES\DATAFILE\ESTATES\ I 1003-1 account IN RE: ESTATE OF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA BEATRICE G. LUCISANO, : : ORPHANS' COURT DIVISION DECEASED : NO. 2003-00228 FIRST AND FINAL ACCOUNT OF TERESA L. ROMAN, EXECUTRIX OF THE ESTATE OF BEATRICE G. LUCISANO, LATE OF SOUTHAMPTON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA Date of Death: December 14, 2002 Letters Testamentary Granted: October 2, 2003 Letters Advertised: The News-Chronicle - October 14, 21, 28, 2003 Cumberland Law Journal - October 24, 31, November 7, 2003 Account Stated to March 15, 2004 *The account also indicates the proposed distribution of the estate. SUMMARY '7" --< PRINCIPAL · Receipts $ 3,000.00 Less Disbursements $ -17,606.70 Principal Balance Remaining $ -14,606.70 INCOME Receipts $ 0.00 Less Disbursements $ 0.00 Income Balance Remaining $ 0.00 COMBINED BALANCE REMAINING $ -14,606.70 ASSETS COMPRISING ESTATE: None $ 0.00 PRINCIPAL RECEIPTS 1993 Ford Escort $ 3,000.00 TOTAL PRINCIPAL RECEIPTS: $ 3,000.00 PRINCIPAL DISBURSEMENTS John E. Day Funeral Home, Red Bank, New Jersey, funeral expenses $ 8,313.00 John E. Day Funeral Home, hairstyling $ 55.00 Dean's Florist, funeral flowers $ 240.00 Falco Brothers Catering, funeral reception $ 1,119.47 Ocean Buy Rite, refreshments for funeral luncheon $ 143.54 Molly Pitcher Inn, Red Bank, NJ, lodging for funeral $ 473.04 Uras Monuments, Middletown, NJ, memorial lettering $ 250.00 Care Advantage, personal care 12/12/13/02 $ 232.50 Chambersburg Hospital, account payable $ 11.00 Helping Hands Medical Services, Inc., medical care 12/13/14/02 $ 72.00 Sandy Scott, medical care 12/12-14/02 $ 216.00 2002 Income tax return preparation $ 125.00 Erie Insurance, vehicle premium due 12/14/02 $ 111.00 Sollenberger Messenger Service, vehicle transfer fees $ 90.00 Register of Wills, Inheritance Tax $ 3,914.15 Jerry A. Weigle, Esquire, attorney fees and filing fees $ 660.00 Reserved for Jerry A. Weigle, Esquire, advertising and filing fees $ 181.00 Reserved for Martson Deardorff Williams & Otto, attorney fees $ 1,200.00 Reserved for additional filing fees $ 200.00 TOTAL PRINCIPAL DISBURSEMENTS: $ 17,606.70 -2- INCOME RECEIPTS None $ 0.00 TOTAL INCOME RECEIPTS: $ 0.00 INCOME DISBURSEMENTS None $ 0.00 TOTAL INCOME DISBURSEMENTS: $ 0.00 ~' Te~a L. Roman, Exec~t~x' ' "~' - COMMONWEALTH OF PENNSYLVANIA ) CO~TY OF C~BE~A~ ) Teresa L. Rom~, Executrix of the Estate of Beatrice G. Lucisano, being duly sworn according to law, deposes and says that she has fully and faithfully discharged the duties of her office; that the foregoing First and Final Account is tree and co~ect and fully discloses all si~ificant transactions occu~ing during the accounting period; that all known claims against the estate have been paid in full; that to her ~owledge, there are no claims now outstanding against the Estate; that all taxes presently due from the estate have been paid; and that the Grant of Letters Testamenta~ and the first complete adveffisement thereof occu~ed more th~ four (4) months before ~e filing of the Account. ~.~ , .... ~)~/ , Sworn and subscribed to before me this c~z/jR' day of ~J~ _Ltq.,~'c; ,d2o~4. Notary Public ~ CORRINE L. MYE,~S. NOTARY PUBLIC CARLISLE BORO..~'.41t~4:'rY OF CUMBERLAND MY COMMISSIq I ~?;~IRt:,S MAY 27, 2007 -~- SCHEDULE OF PROPOSED DISTRIBUTION No distribution will be made under the Will due to insufficient funds and th~ estate being / insolvent. Koman, execu[n~' Sworn and subscribed to before me this day of ~c_~K~ , ~D/)'-/ Notary Public cf NOTARIAL SEAL CORRINE L. MYERS, NOTARY PUBLIC CARLISLE BORO, COUNTY OF CUMBERLAND~ NOTICES TO: ~ COMMISSION EXPIRES MAY 27, 2007 Amy F. Wolfson, Esquire WOLFSON & ASSOCIATES, P.C. 267 East Market Street York, PA 17403 Attorneys for Lawrence Lucisano and Anthony Lucisano Ms. Teresa L. Roman 113 Fish Hatchery Road Shippensburg, PA 17257 -4- I, BEATRICE G. LUCISANO, presently residing at 41 Oak Lane, Shippensburg, Franklin County, Pennsylvania 17257, being of sound mind, memory and disposition, do hereby make, publish and declare this my Last Will and Testament, hereby revoking and making void all wills by me at any time heretofore made. F!RST. I order and direct the payment of all my legally enforceable debts and funeral expenses as soon as may be convenient after my decease.. SECOND. I give and bequeath all of my jewelry arid personal effects to my beloved daughter, TERESA L. ROMAN, presently residing at 41 Oak Lane, Shippensburg, Pennsylvania 17257. In the event that my beloved daughter, Teresa L. Roman, predeceases me or is not living on the sixtieth (60th) day following my death, I then give and bequeath my said jewelry to my granddaughter, ASHLEY L. ROMAN, presently residing at 34 Stewart Place, Shippensburg, Pennsylvania 17257. THIRD. I give and bequeath the full sum of Eight Thousand Dollars ($8,000.00) to my son, LAWRENCE D. LUCISANO, presently residing at 1125 Darlene Avenue, Wanamassa, New Jersey 07712, on a per stirpes distribution basis. FOURTIt. I give and bequeath the full sum of Eight Thousand Dollars ($8,000.00) to my son, ANTHONY LUCISANO, presently residing at 14 Viadpa, Sea Bright, New Jersey 07760, on a per stirpes distribution basis. FIFTIt. I give, devise and bequeath all of the rest, residue and remainder of my estate, real, personal and mixed, whatsoever and wheresoever situate, to my daughter, TERESA L. ROMAN. In the event that Teresa L. Roman should predecease me or is not living on the sixtieth (60th) day following my death, I then give, devise and bequeath said beneficimy's -~---- s .... '-,-.-,,a ..... , ASHLEY L. ROMAN, absolutely. SIXTH. I nominate, constitute and appoint my daughter, TERESA L. ROMAN, to be the Executrix of this my Last Will and Testament; if she be unable to fulfill the duties of Executrix, I then nominate, constitute and appoint my granddaughter, LARA A. BENTLEY, to be the Executrix of this my kast Will and Testament. SEVENTH. I direct that my personal representative(s) shall not be required to give bond for the lhithful pertbrmance of their duties in any jurisdiction. EIGHTH. I hereby direct that all federal, state and other death taxes payable because of my death, with respect to the property forming my gross estate for tax purposes, whether or not passing under this Will, including any interest or penalty imposed in connection with such taxes, shall be considered a part of the expense of administration of my estate and that such be paid out of the rest and residue of my estate. NINTH. I direct my Executrix to retain the services of JERRY A. WEIGLE, ESQUIRE, with offices located at 126 East King Street, Shippensburg, Pennsylvania 17257, with respect to the sealement of my estate due to his familiarity with my affairs. IN WITNESS WHEREOF, I, Beatrice G. Lucisano, have hereunto set my hand and seal to this my Last Will and Testament, wl;ilten on two (2) pages, the first'page signed for identification only, this_ ~,-~ day of (~ (~_~ ., 2002. ~'.~4, _ ._ 'Z? -~,'.....~.~ (SEAL) This instrument was by the Testatrix, On the date hereof, signed, published and declared by her to be her Last Will and Testament, in our presence, who at her request, and in the presence of each other, we believing her to be of sound and disposing mind and memory, have hereunto subscribed our names as witnesses. 'd COMMONWEALTH OF PENNSYLVANIA ' · SS COUNTY OF CUMBERLAND ' I, Beatrice G. Lucisano, the person whose name is signed to the foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. Swom or affirmed to and acknowledged before me by Beatrice G. Lucisano, the Testatrix, this Ar ct day of ~c¥¢~- ,2002. ~' ' Notarial Seal Patricia L. Tome, Notary Public Shippensburg Boro, Cumberiafld County [ My Commission Excfres June 7, 2004 COMMONWEALTH OF PENNSYLVANIA ' · SS COUNTY OF CUMBERLAND ' We,-'~}r,c,~, ./:) Poe y ' and ~~ ~ ~]~ ,the witnesses whose names are signed to the foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Beatrice G. Lucisano, the Testatrix, sign and execute the instrument as her. Last Will; that she signed willingly and that she executed it as her free and volunta~ act for the pu¢oses therein expressed; that each of us in the hearing and sight of the Testatrix, signed the will as witnesses; and that to the best of our knowledge the Testatrix was at the time eighteen (18) or more years of age and of sound mind and under no constraint or undue influence. witnesses, this ~ day of~c~I~r:k ,2002. · Notarial Seal _. - '-' Patricia L.Tome. Notary Public Shippensburg Boro. Cumberiar, d County My Commission Ex;_'ires June 7, 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA .... , IN RE: ESTATE OF : NO. 21-03-228 BEATRICE G. LUCISANO, : Deceased, : ~ :, OBJECTIONS OF BENEFICIARIES, LAWRENCE LUCISANO AND ANTH0~NY LUCISANO~ TO THE FIRST AND FINAL ACCOUNT CONTAINING A SCHEDULE OF PROPOSED DISTRIBUTION FILED BY TERESA L. ROHAN, EXECUTRIX OF THE ESTATE OF BEATRICE G. LUCISANO TO THE HONORABLE, THE AUDITING JUDGE: AND NOW this 22nd day of April, 2004, Lawrence Lucisano and Anthony Lucisano, beneficiaries of Beatrice ]. Lucisano, Deceased, object to the First and Final Account containing a Schedule of Proposed Distribution filed by Teresa L. Roman, Executrix of the Estate of Beatrice ]. Lucisano, Deceased, filed with the Clerk of the Orphans' Court Division of Cumberland County, Pennsylvania, on March 26, 2004, for the following reasons: 1. Lawrence Lucisano and Anthony Lucisano (hereinafter referred to as "Objectants") allege and therefore aver that the Executrix exerted undue and improper influence upon the Decedent prior to her death, by demanding that Decedent change/modify her will totally excluding her brothers, Objectants, and ensuring the entire Estate of the Decedent was conveyed to the Executrix. 2. Objectants allege and therefore aver that the Executrix exerted undue and improper influence upon the Decedent prior to her death, by demanding that Decedent transfer Decedent's money into a joint bank account with the Executrix. 3. Objectants allege and therefore aver that the Decedent had an excellent, warm, and loving relationship with Objectants, and the Decedent repeatedly stated to the Objectants that Decedent intended to divide her Estate equally among her three (3) children. 4. Objectants allege and therefore aver that the Decedent, prior to her death, was under the care of a physician during the last few months of her life, and was so seriously ill, that the Decedent was unable to make reasoned and intelligent decisions in regards to her best interest and the disposition of the Estate. 5. Objectants allege and therefore aver that, as a result of Decedent's serious illness and her significant decline in health, the Executrix was able to manipulate the Decedent, prior to death, into giving the assets of the Decedent to the Executrix and her children to the detriment of her brothers, the Objectants, which was contrary to the Decedent's real intension. 6. Objectants allege and therefore aver that the Executrix has not made a full and accurate account of the Decedent's jewelry. 7. Objectants allege and therefore aver that the Executrix has given/ conveyed personal property and assets of the Estate to her children without Court authority or legal justification. 8. Objectants allege and therefore aver that all of the assets of the Decedent's Estate are not appropriately listed in the First and Final Accounting, and the values of those "listed assets" are misstated, in that the value of the personal property as listed and the value of the real property as listed are incorrect. 9. Objectants allege and therefore aver that Decedent's Last Will and Testament was changed by the Decedent, as a result of the stress of illness and the undue influence of the Executrix, only two (2) months prior to her death. 10. Objectants allege and therefore aver that the Decedent was not mentally competent, and lacked sufficient capacity, to execute her Last Will and Testament only two (2) months prior to her death, and that said Last Will and Testament was prepared by the Executrix and not the Decedent at said time. 1 1. Objectants allege and therefore aver that the Executrix has animus against her brothers, the Objectants, and that the Executrix, consciously, deliberately, and fraudulently sought to exclude Objectants from the Decedent's Estate by the use of undue influence. WHEREFORE, Objectants, Lawrence Lucisano and Anthony Lucisano, respectfully request tllat the First and Final Account containing a Schedule of Proposed Distribution filed by Teresa L. Roman, Executrix of the Estate of Beatrice ]. Lucisano, Deceased, be denied, and that this Honorable Court schedule a hearing date at which time the actions of the Executrix in this matter, and the averments/ allegations of Objectants, can be further addressed and the disputed Estate can be resolved by the Court. Respectfully submitted, 267 East Market Street York, PA 17403 (717) 846-1252 I.D. No. 20617 Attorney for Lawrence Lucisano and Anthony Lucisano VERIFICATION Daniel F. Wolfson, Esquire, hereby states that he is the attorney for the Objectants, Lawrence Lucisano and Anthony Lucisano, who are located outside of this jurisdiction and in order to file the within document in an expedient and timely manner, he is authorized to take this verification on behalf of said Objectants in the within action and verifies that the statements made in the foregoing Objections to Account Filed by Executrix are true and correct to the best of his knowledge, information, and belief, based upon information provided by the Objectants. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. 267 East Market Street York, PA 1740:3 (717) 846-1252 I.D. No. 2061 7 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE-' ESTATE OF : NO. 21-03-228 BEATRICE G. LUCISANO, : Deceased, : CERTIFICATE OF SERVICE I, DANIEL F. WOLFSON, ESQUIRE, do hereby certify that I served a copy of the foregoing Objections to Account Filed by Executrix upon counsel for the Executrix, by First Class Mail, Postage Pre-Paid, a copy thereof on this 22nd day of April, 2004, to: Ivo V. Otto, III, Esquire MARTSON DEARDORFF WILLAMS ~ OTTO Ten East High Street Carlisle, PA 1701:3 /'D~iel F. Wolfson, Esquire~" Wolpoff ~ Abramson, L,,Z'.P. 267 East Market Street York, PA 1740:3 (717) 846-1252 I.D. No. 20617 Attorney for Objectants ~IAIN OFFICE LAW OFFICES NATIONAL COLLECTION ATTORNEY NETWORK AFFILIATED FIRM LOCATIONS [NOT BRANCH '02'WOKINGIRVINGTONFARM BLvD,CENTRERocKVILLE, MD 20850 W O L P O F F & A B R A M S O N , L. L · P. OFFICES OF WOLPOFF & ABRAMSON, L.L.P.] * 3RANCH OFFICES Attorneys in the Practice of Debt Co/lectlon HONOLULU, HAWAII FARGO, NORTH DAKOTA 0605 JUDICIAL DR., BLDG A-5, FAIRFAX, VA 22030 (A National Collection Attorney Network Firm) BOISE, IDAHO CLEVELAND, OHIO MERRILLVlLLE, INDIANA OKLAHOMA CITY, OKLAHOMA 108 E MAIN ST., STE 1003, RICHMOND, VA 23216 267 E. MARKET STREET CHICAGO, ILLINOIS EUGENE, OREGON ;122 GREENWICH RD, VIRGINIA BEACH, VA 23462 YORK, PA 17403 KANSAS CITY, KANSAS PROVIDENCE, RHODE ISLAND 119 N MARKET ST, STE 1300, WILMINGTON, DE 19899 LEXINGTON, KENTUCKY' COLUMBIA SOUTH CAROLINA 954 GREENSPRING DR , STE 400, TIMONIUM, MD 21093 ' VALLEY BANK BLDG, BOX 1226, CLARKSBURG, WV 26302 (TOLL FREE) METAIRIE, LOUISIANA KNOXVILLE, TENNESSEE NEEDHAM, MASSACHUSETTS HOUSTON, TEXAS t625 TOWNSGATE RD #330, WESTLAKE VILLAGE, CA 91361 1-800-758-0675 SOUTHFIELD, MICHIGAN SANDY, UTAH !67 E MARKET ST, YORK, PA 17403 MINNEAPOLIS, MINNESOTA MILWAUKEE, WISCONSIN ~IATIONAL COLLECTION ATTORNEY NETWORK FACSIMILE 717-848-1146 ST LOUIS, MISSOURI RAWLINS, WYOMING ~,FFILIATED FIRM LOCATIONS [NOT BRANCH GREAT FALLS, MONTANA )FFICES OF WOLPOFF & ABRAMSON, L.L.P.] * PLEASE DIRECT ALL INQUIRIES TO OMAHA, NEBRASKA * The National Collectiol~ ~IRMINGHAM, ALABAMA SAN DIEGO, CALIFORNIA YORK OFFICE LAS VEGAS, NEVADA Attorney Network is an affiliation MANCHESTER, NEW HAMPSHIRE of separate law firms. ~NCHORAGE, ALASKA EDGEWOOD, COLORADO CEDAR KNOLLS, NEW JERSEY ~HOENIX, ARIZONA FT LAUDERDALE, FLORIDA SYOSSET, NEW YORK W&A Hours of Operation ~.ABOT, ARKANSAS NORCROSS, GEORGIA 8 a.m - 11 p m ES T M-F RALEIGH, NORTH CAROLINA April 29, 2004 Cumberland County Courthouse ATTN: Register of Wills One Courthouse Square Carlisle, PA 17013 IN RE: Estate of Beatrice ~J. Lucisano, Deceased Docket # 21-03-228 Dear Clerk: Please be advised that the undersigned represents the interests of the Plaintiff in the above- referenced matter. Enclosed please find the original and the necessary copies of the legal documentation to be filed in the above-referenced matter, along with any necessary filing fees for same. Kindly file the original documentation and take the appropriate steps in order to process this matter. Please return the time stamped copies to the undersigned in the enclosed self addressed stamped envelope. By copy of this correspondence, if required, we have provided a copy of the enclosed documentation to any interested parties for their records and information. Thank you for your anticipated professional cooperation in this matter. Should you have any questions or require any additional information, please do not hesitate to..'.~(intact this offic% Cl h, .,,ncere,~,, . r I WOLPOFF ~ ABRAMSON, L.L.P. Daniel F. Wolfson, Esquire DFW/kig Enclosu res IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: : DOCKET # 21-03-228 ESTATE OF BEATRICE ]. LUCISANO, : DECEASED : CERTIFICATE OF SERVICE AND NOW, this~__-~ay of April, 2004, I Daniel F. Wolfson, Esquire do hereby certify that I have served a copy of the foregoing Petitioner's First Set of Interrogatories Directed Towards Respondent, Teresa L. Roman upon the Respondent's counsel of record in the following manner and addressed as follows: VIA FIRST CLASS MAIL, POSTAGE PRE-PAID Man:son Deardorff Williams e~ Otto ATTN: Ivo V. Otto III, Esquire Ten East High Street Carlisle, PA 17013 (Attorney for Respondent) Respectfully submitted, Daniel F. Wolfson, Esquir~ WOLPOFF e~ ABRAMS'ON, L.L.P. ,: -~ 267 East Market Street York, PA 17403 LO: "" ~ I.D. No. 20617 c~:~ g- ~V',J lzO. (717) 846-1252 Attorney for Petitioner's IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: : DOCKET # 21-03-228 : ESTATE OF BEATRICE ]. LUCISANO, : DECEASED : CERTIFICATE OF SERVICE AND NOW, this ~3~'day of April, 2004, I Daniel F. Wolfson, Esquire do hereby certify that I have served a copy of the foregoing Petitioner's First Request for the Production of Documents Directed Towards Respondent, Teresa L. Roman upon the Respondent's counsel of record in the following manner and addressed as follows: VIA FIRST CLASS MAIL, POSTAGE PRE-PAID Martson Deardorff Williams ~ Otto ATTN: Ivo V. Otto III, Esquire Ten East High Street Carlisle, PA 17013 Respectfully submitted, uaniel F. Wolfson, esqu, j~' ~ WOLPOFF ~ ABRAMSON, L.L.P. 267 East Market Street · ~.:!~ York, PA 17403 -~ :: :~ I.D. No. 20617 (717) 846-1252 -z ~_~ Attorney for Petitioner's LO: ~L,, ~- ~,W '1~0. F: xFILE S5DATAFILE\ESTATES\ 11003-1 .petit/on Created: 09/09/98 04:49:29 PM Revised: 05/12/04 04:19:32 PM IN RE: IN THE COURT OF COMFdON. CUMBERLAND COUNTY, PENNSYLVA~ ESTATE OF BEATRICE J. LUCISANO, Deceased ORPHANS' COURT DIVISION NO. 21-03-228 PETITION FOR APPOINTMENT OF AUDITOR AND NOW, the petition of the Executor of the Estate of Beatrice J. Lucisano, Deceased, Teresa L. Roman, by and through her attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, represent as follows: 1. Petitioner is the Executor of the Estate of Beatrice J. Lucisano, Deceased, pursuant to the duly probated Last Will and Testament dated October 2, 2002. 2. A First and Final Account for the Estate of Beatrice J. Lucisano, Deceased, was filed with this Court on or about March 26, 2004. 3. Objections to the Account were timely filed on behalf of Lawrence and Anthony Lucisano (the "Objectors"). 4. Counsel for the Petitioner and counsel for the Objectors have stipulated and agreed that the appointment of an auditor to consider the Objections and the First and Final Account is necessary and proper, and that the cost of the auditor should be split between the Executor and the Objectors, 50/50, in view of the insolvency of the Estate. 5. Counsel have consulted with each other and have agreed upon the form and substance of the attached Decree. Therefore, Counsel to the Objectors hereby joins in the Petition. A copy of the Joinder is attached hereto as Exhibit A. WHEREFORE, Petitioner respectfully request that the Court appoint an auditor to consider the First and Final Account and the Objections thereto. Respectfully submitted, MAR~ORFF WILLIAMS & OTTO Ivo V. Otto III, Esquire PA Attorney I.D. No. 27763 Cad C. Risch, Esquire PA Attorney I.D. No. 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Petitioner Date: May ~ 2004 2 05/12/2004 16:35 7172431850 r,'i~O P~E 05/07 IN RE: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PMN'NSYLVANIA ESTATE OF BEATRICE J, : LUCISANO, : D~,sed : ORPHANS' COURT DMSION NO. 21-03-22g ,IOINDER OF COUNSEL TO ,,'I~IE OI~,,IE. CTOI~ Lu~s~o, do h~y join in ~ a~ed P~fion for Appo~mt ofAudkor ~d request ~ the ~ ~ the relief ~ues~ D~el F~oI~n, E~uim P~p W~oHc, Esquk~ Date: May/'7,, 2004 CERTIFICATE OF SERVICE I, Carl C. Risch, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing to be served upon the following in the manner indicated: FIRST CLASS MAIL Philip Warholic, Esquire Daniel F. Wolfson, Esquire 267 East Market Street York, PA 17403 MARTSON DEARDORFF WILLIAMS & OTTO By Carl C. Risch, Esquire PA Attorney I.D. No. 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Petitioner Date: Mi~ 2004 IN RE: : IN THE COURT OF COMMON PLEAS OF THE ESTATE of : CUMBERLAND COUNTY, PENNSYLVANIA BEATRICE J. LUCISANO, : ORPHAN'S COURT DIVISION Deceased : NO. 20-03-228 PETITION FOR CONTINUANCE OF A UD1TOR AND NOW, comes the Petitioner, William A. Duncan, Esquire, Auditor in the above- captioned matter, and file s this petition for conti nuance o f appointment oFauditor,~aking%t~ following statement: ~ ' !: On or about May 24, 2004, the Petitioner, William A. Duncan, Esquire, was appointed Auditor in the above-captioned action pursuant to Orphan's Court Rule 8.1 et seq., and the Auditor accepted the appointment and received the file on or about June 10, 2004. A copy of the Appointment of Auditor and Order of Court is attached hereto as Exhibit "A:. Due to delays occasioned by discovery matters between the parties, Auditor is unable to file a report by the August 24, 2004, date set forth in the Order of Court. Orphan's Court Rule 8.2 allows this Honorable Court to extend the time to file said report upon application of the Auditor. WHEREFORE, Petitioner, William A. Duncan, Esquire, respectfully requests that the time for filing a report in this matter be extended until March 31, 2005. Respectfully submitted, DUNCAN, HARTMAN & DOUGLAS, P.C. William A. Duncan, Esquire One lrvine Row Carlisle, PA 17013 AT AN ORPHANS' COURT, Began on the 27th day of April A.D. 2004, and holden at Carlisle, in and for Cumberland County, before the Honorable George E. IIoffer, President and Sole Judge the following proceedings were held to wit: THE PETITION 1N RE: PETITION FOR APPOiNTMENT OF AUDITOR DECREE The background of this Decree is as follows: 1. A First and Final Account for the Estate of Beatrice J. Lucisano, Deceased, was filed with this Court on or about March 26, 2004; and 2. Objections to the Account were timely filed on behalf of Laxvrence and Anthony Lucisano (the "Objectors"); and 3. Counsel for the Estate of Beatrice J. Lucisano and counsel for the Objectors have stipulated and agreed that the appointment of an auditor is necessary and proper, and that the cost of the auditor be split between thc parties; and 4. Counsel for the Estate previously identified to the Court those persons whom they believe cannot serve as an auditor/master because of actual or potential conflicts of interest; and 5. Counsel have consulted with each other and have agreed upon the form and substance of this Decree. NOW, THEREFORE, this 24th day of May, 2004, it is hereby ORDERED and DECREED that William A. Duncan, Esquire, is appointed as auditor and master ( collectively "Auditor") in the above captioned proceeding. The Auditor is specifically directed to investigate all issues of Pact raised in and related to the Objections, and to report findings o f fact, conclusions of law and recommendations to the Court xvith respect to the Objections. The Auditor is further directed to examine and audit the First and Final Account for the Estate of Beatrice J. Lucisano and to make recommendations to the Court with respect thereto. Exhibit "A" The Auditor is empowered to take such action and shall follow such procedures as provided for: (l) In the Probate, Estate and Fiduciaries Code, (2) in the Orphans' Court Rules adopted by the Supreme Court of Pennsylvania, and (3) in the Local Rule of Court. The Auditor shall file his report within ninety (90) days unless, upon application, the time is extended by the Court. The Auditor shall be entitled to reasonable compensation for his time and expenses. Compensation for the Auditor shall be set at the rate of $150.00 per hour. Invoices shall be rendered monthly and paid, initially, by the Objcctors (1/2) and the Executor of the Estate (1/2) jointly. Responsibility for payment of the Auditor's compensation shall be subject to possible subsequent modification by the Court. The Auditor is further directed to consult with counsel as soon as practicable and thereafter establish a case management schedule setting forth discovery deadlines, hearing dates and other case management directives as he deems appropriate. The case management schedule may be changed by the Auditor on his own, or, in his discretion, upon application by any party. BY THE COURT: /S/George E. Holler, P.J. Commonwealth of Pennsylvania County of Cumberland William Duncan, Esquire, being duly sworn according to law, deposes and says that he will perform the duties of auditor in the above estate with fidelity: / Audi~to~' Sxvorn and Subscribed to be£ore me this ~ ; -day of , %~ ~ 2004, A.D. Clerk of Orphans Court Cumb, erland County, Pennsylvania. ' , -i,, i ' : IN RE: : IN THE COURT OF COMMON PLEAS OF THE ESTATE of : CUMBERLAND COUNTY, PENNSYLVANIA BEATRICE J. LUCISANO, : ORPHAN'S COURT DIVISION Deceased : NO. 20-03-228 ORDER AND NOW, this ¢~ ~day of ~ ,2004, upon consideration of the attached Petition for Continuance o'hAeuditor, it is hereby ORDERED that the time for William A. Duncan, Esquire, Auditor in the above-captioned action, to file a report for said action is continued until March 31, 2005. BY THE COURT, AT AN ORPHANS' COURT, Began on the 27th day of April A.D. 2004, and holden at Carlisle, in and for Cumberland County, before the Honorable George E. Hoffer, President and Sole Judge the following proceedings were held to wit: THE PETITION IN RE: PETITION FOR APPOINTMENT OF AUDITOR DECREE The background of this Decree is as follows: 1. A First and Final Account for the Estate of Beatrice J. Lucisano, Deceased, was filed with this Court on or about March 26, 2004; and 2. Objections to the Account were timely filed on behalf of Lawrence and Anthony Lucisano (the "Objectors"); and 3. Counsel for the Estate of Beatrice J. Lucisano and counsel for the Objectors have stipulated and agreed that the appointment of an auditor is necessary and proper, and that the cost of the auditor be split between the parties; and 4. Counsel for the Estate previously identified to the Court those persons whom they believe cannot serve as an auditor/master because of actual or potential conflicts of interest; and 5. Counsel have consulted with each other and have agreed upon the form and substance of this Decree. NOW, THEREFORE, this 24th day of May, 2004, it is hereby ORDERED and DECREED that William A. Duncan, Esquire, is appointed as auditor and master ( collectively "Auditor") in the above captioned proceeding. The Auditor is specifically directed to investigate all issues of fact raised in and related to the Objections, and to report findings of fact, conclusions of law and recommendations to the Court with respect to the Objections. The Auditor is further directed to examine and audit the First and Final Account for the Estate of Beatrice J. Lucisano and to make recommendations to the Court with respect thereto. The Auditor is empowered to take such action and shall follow such procedures as provided for: (1) In the Probate, Estate and Fiduciaries Code, (2) in the Orphans' Court Rules adopted by the Supreme Court of Pennsylvania, and (3) in the Local Rule of Court. The Auditor shall file his report within ninety (90) days unless, upon application, the time is extended by the Court. The Auditor shall be entitled to reasonable compensation for his time and expenses. Compensation for the Auditor shall be set at the rate of $150.00 per hour. Invoices shall be rendered monthly and paid, initially, by the Objectors (1/2) and the Executor of the Estate (1/2)jointly. Responsibility for payment of the Auditor's compensation shall be subject to possible subsequent modification by the Court. The Auditor is further directed to consult with counsel as soon as practicable and thereafter establish a case management schedule setting forth discovery deadlines, hearing dates and other case management directives as he deems appropriate. The case management schedule may be changed by the Auditor on his own, or, in his discretion, upon application by any party. BY THE COURT: /S/George E. Hoffer, p.J. Commonwealth of Pennsylvania County of Cumberland William Duncan, Esquire, being duly sworn according to law, deposes and says that he will perform the duties of auditor in the above estate with fidelity: Auditor , Sworn and Subscribed to before me this I~,). -day of~ A.D. ,2004, Clerk of Orphans Court Cumberland County, Pennsylvania. The Auditor is empowered to take such action and shall follow such procedures as provided for: (1) In the Probate, Estate and Fiduciaries Code, (2) in the Orphans' Court Rules adopted by the Supreme Court of Pennsylvania, and (3) in the Local Rule of Court. The Auditor shall file his report within ninety (90) days unless, upon application, the time is extended by the Court. The Auditor shall be entitled to reasonable compensation for his time and expenses. Compensation for the Auditor shall be set at the rate of $150.00 per hour. Invoices shall be rendered monthly and paid, initially, by the Objectors (1/2) and the Executor of the Estate (1/2) jointly. Responsibility for payment of the Auditor's compensation shall be subject to possible subsequent modification by the Court. The Auditor is further directed to consult with counsel as soon as practicable and thereafter establish a case management schedule setting forth discovery deadlines, hearing dates and other case management directives as he deems appropriate. The case management schedule may be changed by the Auditor on his own, or, in his discretion, upon application by any party. BY THE COURT: /S/George E. Hoffer, P.J. Commonwealth of Pennsylvania County of Cumberland William Duncan, Esquire, being duly sworn according to law, deposes and says that he will perform the duties of auditor in the above estate with fidelity: Auditor Sworn and Subscribed to before me this ~k). -day of X~ )a~_~...__., 2004, A.D. ~v Clerk of Orpha~ Court Cumberland County. Pennsylvania. REGISTER OF WILLS OF CUMBERLAND COUNTY STATUS REPORT UNDER RULE 6.12 (For Resident Decedents Dying After July 1, 1992) Name of Decedent: BEATRICE G. LUCISANO Date of Death: December 14, 2002 File No.: 21-03-0228 Social Security No.: 143-10-2289 Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: Yes x No 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: 3. If the answer to No. 1 is Yes, state the following: a. Did the personal representative file a final account with the Court? Yes x No. b. The separate Orphans' Court No. (if any)for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? Yes ~ No x d. Copies of receipts, releases, joinders and approvals of formal or informal accounts may b e filed with the Cler .~. .~ . rl~anf, J, xCourt a n d ma~ bg a tta ch ed to this report. Date: Signature: \ ~ ~ ~ Name: Carl C. Risch, Esquire Address: MARTSON DEARDORFF WILLIAMS32 OTTO Ten East High Street ,'"~ Carlisle, PA 17013 (717) 243-3341 Counsel for personal representative :--' F:hel LES\DATAFILE\ESTATES\ 11003. l.srep .~ <:) I ~"'S ~~ .~~ ~ ~ to e ~! 8. ~ ~~~ Q ~-::: '<\..i~ ~ ::x:-( CJ ------- fh {Jt Q) Q) !~ !~ II) t Q) II> U. : ~ ~g. ai 0 II> IllS 0- ;e 8! ia: & Q) ~c: 0 oc: ~ E~ "i~ 0 a~ -UQ) 0- ~ -ce 1a .g (jjo ;g @. Q)~ a:\!!, I ' \ :s-i \ ~ ,f'. ~~:\/) :. .-\ ~ : \...: r---. :'.J~- : -.s::;:: :~\~ ,. ,~ \.\~\ ~ o;U :. : \... ~\~ ~ C~<:::;:):~ S \ ~\ ~ .:> ' . I:\) \'i'\C)... ~\r-\C:- ! J : <:::s-: s:: ~~\V) '--- ~ ~~ ,~ \ci o' ~~ \/) :z z ~N ~ ~~ \~ 1-" .- :Qi 0 :(f) ;;. C :~ ~ \~ .~ 'fJ) 0 :0 .~ ~. S~9h 2000 02~~ SOOL -- ~~-~ -~ - - -- -~~-~ - - -~ - ~~ - - --~~~ --~ -