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Home My WebLink About05-04-10~~~.sod snl N ~ ~ ~Q... r~ M a c53 ~," N o ~ r, o ,~ ~ ~ ~ o ~i3~5`dH ~~ ~, r y -.:..,. ...... «.... .... ..... -.. ;» .""::. ,..r... .«...» . w.. «.~..~. . +..,~. ~.,.~. .r..,.„ -,.... „ ..... -....... ~+.~..~ ~_. ......., ~.~.. ... ..~.,. .~.. . -...,,;, r...• .....~.. ,`:.. ~.~,. ~. ..+,... .~.,.. . ...:. ..... .~...,. .,!-., .....:» ., «.... .« ~; • h i ~jr ~~~~ 24~~ ~A1fi -4 ~~ ~ 1 ~ (~I(pO~F U ~ ~ O W ,.~ ~ M ~ ° ~ ~ ~ ,~ U ~ ~ g ~ ,~' v~ w x ~z =U ~~~ off o} _ ~ o ~o U w~ a _ U ~~ w o ~ o r ~Z = ~ ~a ~~ ^ ^~ ~° Mo ~ _OUOU ~ o W J ~ r V LAW OFFICES OF GATES, HALBRUNER, HATCH & GUISE LOWELL R. GATES, LL. M. LL. M. in Taxation Also Admitted to Massachusetts Bar MARK E. HALBRUNER CRAIG A. HATCH, CELA Certified as an Elder Law Attorney by the National Elder Law Foundation CLIFTON R. GUISE Also Admitted to practice before the U. S. Patent & Trademark Office SARAH E. McCARROLL 1013 MUMMA ROAD • SUITE 100 • LEMOYNE, PENNSYLVANIA 17043 (717) 731-9600 • FAX: (717) 731-9627 CORRESPONDENCE ADDRESS: Lemoyne Office WEB SITE: www.GatesLawFirm.com May 3, 2010 Orphans' Court Clerk Cumberland County Courthouse One Courthouse Square Carlisle PA 17013 Re: Estate of Soon I. Lamparter; No. 2009-00899 Petition to Enforce Elective Share of Surviving Spouse Dear Orphans' Court Clerk: STACEY L. NACE Paralegal/Office Manager TRACT L. SEPKOVIC Paralegal VALERIE LONG Paralegal TRACT L. SHERIDAN Paralegal Enclosed are the original and one photocopy of a Petition to Enforce Elective Share of Surviving Spouse regarding the above-referenced estate. A proposed Citation is attached to the Petition. Also enclosed are a check for the $15.00 filing fee and two self-addressed, stamped envelopes. Please time-stamp the Petition photocopy and return it to me in one of the envelopes. The other envelope is for returning the signed Citation to me. My office will serve the Citation on the respondent, Jurry Kim. Thank you. Sincerely, i.~~ Mark E. Halbruner Enclosures _ ~ s T~j ^ ~ "C ~.° ~ , ~ ~ :: ~~ fr ~~ ~ ^ p~ ... ti.! k ~ ~ -.~ ~~ ' . E• ` I w ~ ~ ~~ ~~ ~,:~~ P. C. BRANCH OFFICE: 3 WEST MONUMENT SQUARE, SUITE 304 LEWISTOWN, PA 17044 (717)248-6909 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION p ,~ ~ ". `-+ -~ ~ ~~a ~„ ~ ~ ~ -.rc ~ ~~. ,,J ~: IN RE: ESTATE OF _ FILE N0.2009 00899 ~ ~ /~ ~ ~. ~ ., . ~- SOON I. LAMPARTER ~( } /y.Ij" -~* M/~ ~ ~ M»~~ A/KIA SOON LAMPERTER : ~ . ...~ # -... ~`~. ~ ~- ,~ PETITION TO ENFORCE ELECTIVE SHARE OF SURVIVING SPOUSE ~~ AND NOW, comes the Petitioner, Robert A. Lamparter, individually and as executor of the above-captioned estate, by and through his undersigned attorneys, and respectfully makes the following petition: 1. This petition is brought pursuant to 20 Pa.C.S. X2211 to enforce the elective share of a surviving spouse. 2. Petitioner is the surviving spouse of Soon I. Lamparter (hereinafter "the Decedent"), who died a resident of Cumberland County, Pennsylvania, on August 4, 2009. 3. On September 25, 2009, the Cumberland County Register of Wills admitted the Decedent's Last Will and Testament to probate and granted Letters Testamentary to Petitioner. 4. On January 29, 2010, Petitioner filed with the Cumberland County Orphans' Court Clerk a "Notice of Taking Elective Share" pursuant to 20 Pa.C.S. §2201 et seq. 5. By deed dated December 1 1, 2008, and recorded on December 23, 2008, the Decedent and her two children, Christopher H. Kim and Jurry Kim, conveyed the real property at 305 East Green Street, Shiremanstown Borough, Cumberland County, Pennsylvania, for nominal consideration to Jurry Kim individually. A copy of said deed is attached hereto as Exhibit "A" and incorporated herein by reference. 6. The effect of said deed was to gift the Decedent's one-third interest in the real property to furry Kim. 7. The gift of real property was made during the Decedent's marriage to Petitioner and within one year of her death; therefore it is subject to Petitioner's elective share claim pursuant to 20 Pa.C.S. §2203(a)(6). 8. The total fair market value of the gifted real property is $246,897.00 which is calculated by multiplying $195,950.00 times 1.26 (the county assessed value of the real property and the real estate valuation factor for Cumberland County, respectively, in effect at the time of the gift to furry Kim). 9. The Decedent's one-third interest in the real property was $82,299.00 less the $3,000.00 exclusion provided in 20 Pa.C.S. §2203(a)(6), leaving a net gift of $79,299.00 subject to Petitioner's elective share claim. 10. Petitioner believes and therefore avers that the Decedent made cash gifts to f urry Kim totaling $19,244.46 during the one year prior to Decedent's death. 11. The gifts are believed to have been made by withdrawals from the Decedent's accounts with Pioneer Investments and Wachovia Bank, N.A. 12. The cash gifts are also subject to Petitioner's elective share claim pursuant to 20 Pa.C.S. §2203(a)(6). 13. The total value of gifts subject to Petitioner's elective share claim is $98,543.46, and the value of Petitioner's one-third elective share is $32,847.82 pursuant to 20 Pa.C.S. ~2203(a). 2 WHEREFORE, Petitioner respectfully requests that the Court issue a citation upon Jurry Kim to show cause why a judgment should not be entered against her and in favor of Robert A. Lamparter in the amount of $32,847.82, in satisfaction of his elective share as the Decedent's surviving spouse. Respectfully submitted, Gates, Halbruner, Hatch & Guise, P.C. ~ ~ .~ ..~ By: - ~ - Mark E. Halbruner, Esquire 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 (Attorneys for Petitioner Robert A. Lamparter) Date: ~ ^ ~-- ~ Cs 3 VERIFICATION I verify that the facts averred in the attached petition are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date Robert A. Lamparter, n ' ~idually and as Executor of the Estate of Soon I. Lamparter, deceased ,. . r O,~ Prepared By and Return to: ~Z ~ Murrel R. Walters, III, Esq. ~,~ 5000 Louise Drive ~l Mechanicsburg, PA -17055 Phone 717-795-5170 Tax Parcel #: 37-23-0555-226 Address: 305 East Green Street Shiremanstown, PA 17011 ~~~f~ ~~eE~, ~iiii~ew~~i~ MADE THIS 1 f ~~ day of December, in the year -of our Lord Two Thousand Ei t {2008). ~ BETWEEN SOON I. LAMPARTER, a married woman CHRISTOPHER H. KIM, a single man AND JURRY KIM, a single woman Grantors and, JTJRRY KIlVI, a single woman Grantee WITNESSETH, that in consideration of ONE ($1.00) DOLLAR .AND ZERO CENTS, in hand paid, the receipt whereof is hereby aclrnowledged, the said grantors d.o hereby grant and convey to the said grantee, her heirs and assigns, ALL THAT CERTAIN tract of land situate in the Boroug of Shiremanstown, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEG~~TNIlV'G at a point on the North side of Green Street at a distance of two hundred thirty-eight and seventy-seven one-hundredths (238.77) feet measured South seventy-eight (78) degrees West, from the Western line of Stoner Avenue; thence from said beginning point by the North side of Green Street South seventy-eight (78) degrees West, a distance of ninety-one and twenty-five one-hundredths (91.25) feet to line of property of Charles Edward Stansfield; thence by said North twelve (12) degrees twenty {20) minutes West, a distance of two hundred forty-six and sixty-three one-hundredths {246.63) feet to a point on the South side of Courtland Alley, fourteen (14) feet -wide; thence by the South side of said alley North seventy-eight {78) degrees East, a distance of Winery-one and twenty- 3 five one-hundredths (91.25) feet to a point on line of property now or formerly of Adam D. and Emma J. Zinn; thence by land South twelve (12) degrees twenty (20) minutes East, a distance of two hundred forty-six and sixty-three one-hundredths {246.63 feet to the side of Green Street to the point and place of BEGINNING. ) North THIS description is in accordance with a survey made by D . P. Raffensperger, Registered Surveyor, dated December 5, 1953. BEING the same premises which Soon Ih. Lamparter, f/k/a Soon Ih. Yi, by her deed dated the 29th day of December, 2006 and recorded in Cumberland County, Record Book 278, Page 927, granted and conveyed unto Soon I. Lamparter, mother, Christopher H. Kim, son and Jurry Kim, daughter, Grantors herein. THIS TR.A.NSACTION IS WHOLLY EXEMPT FROM REALTY TRASFER TAX BECAUSE IT IS A TRANSFER FROM MOTHER, DAUGHTER AND SON TO DAUGHTER. The said grantors hereby covenants and agrees that they will warrant specially the property hereby conveyed. IN WI7['NESS WHEREOF, said grantors have hereunto set their hands and seals the day and year first above written. Signed, Sealed and 1k!lvesed 1 ~- , _.. , _ ' In the Pfxsrnre of `" Soon I. Lam ark v P ~~ ...--- } Christopher H. Kim ,~ Ju ~ ~'~'~+~~ .. w++.w.+w+Mw'w,wnw....~rw..r~. wr.+~l+ Commonwealth of Pennsylvania } ss. County of Cumberland ~ On this, the / ~ da of December 2008 Y ,before me, the undersigned ofFicer, personally appeared oon I. ammeter, hri pher H. Kim and Jnny Kim, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public co~or~uv~u.TM o~.~NNSnv~- ~rw say Annette C. Myers, Ndary PubQc LowerApen TMip., Cinnberltntd COuMy . My Commleebn Expires t~Aerd~ Z. Z01 t Member, PsnnsyNaMs Aseocistbn of Nobrles I do hereby certify that the precise. residence and complete ost ofFice address of the within named grantee is 345' t ~;T ~ C~~!~ -~ . ~~t~~¢~N.ST4WN ~-4 1~~~~ 7~S"t Murrel R. Walters, III Esq. ,~~ r ,~ ~r, ~,. ~_. ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200840297 Recorded On 12/23/2008 At 8:51:29 AM * Instrument Type -DEED Invoice Number - 34277 User ID - RAK * Grantor - LAMPARTER_, SOON I * Grantee -KIM, JIJRRY * Customer -MEMBERS * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 MECHANICSBURG SCHOOL $0.00 DISTRICT SHIREMANSTOWN BOROUGH $0.00 TOTAL PAID $48.50 * Total Pages - 4 Certification Page DO NOT DETACH This page is now part of this Legal document. I Certify this to be recorded in Cumberland County PA RECORDER O D DS r t~ao * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. iiii~uiiiiiiniuiiuiuii