HomeMy WebLinkAbout03-01-10
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
FILE N0.21-06-0435
VIRGINIA M. TAYLOR
RE: OBJECTIONS BY THE ESTATE
OF VIRGINIA M. TAYLOR TO
GUARDIANS FILED FIRST AND FINAL
ACCOUNT FOR ACCOUNTING PERIOD
10/09/07 TO 1/23/10
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AND NOW COMES Sandra Nye, of 1971 Prospector Drive, Leadville, Colorado, 80461,
Executrix of the Estate of Virginia M. Taylor through and by her counsel, namely, Stephen R.
Gibble, Esquire, of Gibble and Honberger, P.C., 126 East Main Street, Lititz, PA 17543, and
files Objections to the First and Final Account Filed by Keystone Guardianship Services as
Guardian of Virginia M. Taylor, an incapacitated person, filed by the guardian of the estate and
of the person of Virginia M. Taylor, through and by her counsel, namely, Rebecca Margenun, of
4054 Route 225, Elizabethville, PA, 17023, which is a First and Final Account for the
accounting period of 10/09/07 through 1/23/10 for the following reasons:
1. Virginia M. Taylor's Prudential Insurance Policy, M47645331, is not
included in the proposed account.
2. An amount received by Virginia M. Taylor upon the death of her husband,
Howard, on April 14, 2008, in the amount of $16,160.27 is not contained in the proposed
account.
3. Pa a one of the account shows a negative adjustment of $2,948.73 to a
receipt of principal on October 9, 2007 without explanation.
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4. It is believed that the entries on the receipt of principle on paee 2 of the
proposed account delineating amounts received from Prudential Policy No. 100291652,
Prudential Policy No. 1 1 093 80440, Prudential Policy No. 14558036, and Monumental Policy
ADV200168 listed in the proposed account are not in the correct amounts for each.
5. It is believed that Virginia M. Taylor's Ameritrade Accounts listed at
$526.90 for a money market fund and $24,873.98 for a total of $25,400.88, on a e 2 of the
proposed account, was, in actuality, $30,915.85 at the time when it was turned over to the
guardian in October of 2007, an unexplained difference of $5,514.97.
6. It is believed information regazding the change in holdings for the
proposed account is missing on a e 3 of the proposed account from the time period of 10/10/07
through 10/31/08 and needs to be included.
7. It is believed that the Metropolitan Life Death Benefit for Verizon and the
Prudential Financial Death Benefit for Verizon policies shown on paee 4 of the proposed account
under adjustments to principal are not the con ect amounts received.
8. It is believed that the income receipts shown for the period 10/10/09
through 1/23/10 is under reporting Social Security income received and that the Verizon Pension
shown for the same time period is not correct as both shown on a e 6 of the proposed account
under Income/Receipts.
9. It is believed that the Verizon Pension payments listed on paee 6 of the
proposed account under Income -Receipts for the time periods reported are not correct amounts
and are, in fact, under reported.
10, It is believed that the period of 1Q/10/09 through 1/23/10 showing
payments to Masonic Village. of $37,804.09 on pace 7 of the proposed account under
Income/Disbursements is not correct.
11.. It is believed that as a cumulative result of the hereinabove delineated
paragraph 1 - 10 that the amount shown under Total Assets consisting of principal and income as
shown on a e 8 of the proposed account relating to total assets is not correct.
NOW THEREFORE, the Estate of Virginia M. Taylor, through its named executor,
Sandra Nye, through and by their counsel, Stephen R. Gibble, Esquire, of Gibble and Honberger,
P.C., respectfully requests this Honorable Court to direct that the above-named guardian be
directed to turn over all data, ledgers and information that the guardian has in regard to Virginia
M. Taylor to the executor of the Estate of Virginia M. Taylor and their counsel for review and
examination, so that the specific issues in controversy can be determined and FURTHER that the
Court hold the matter of a potential required audit open until such future time as the Estate of
Virginia M. Taylor through their executor and through their counsel report back to the Court as
to whether or not the issues raised in the specific objections herein delineated are-either satisfied
or further audit is needed.
Respectfully submitted,
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Estate of Virginia M. Taylor
By:
Step n e, squire
Att r the
Estate of Virginia M. Taylor
Gibble and Honberger, P.C.
126 East Main Street
Lititz, PA 17543
(717) 626-7778
Attorney I.D. #37363