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HomeMy WebLinkAbout10-19-10 DECEDENT'S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF RITA J. GRAHAM ,DECEASED No. 2010-0101 ~ N a r I u~ C3 ~, ~ PETITION FOR ADJUDICATION / ~ -~ ~ ~ STATEMENT OF PROPOSED DISTRIBUTION `~ "' ~ C C^. ~ xs+ PURSUANT TO Pa. O.C. Rule 6.9 t- ~ "T' ~_ -~ ~` cn .~ This form may be used in all cases involving the Audit of the Account of a Decec~en 's Estate. If space is insufJ`icient, riders may be attached. Attach the spouse's election, if d ; 'the papers required under items 8-19 inclusive; and any instrument pertinent to the adjudicatio . I INCLiIDE ATTACHMENTS AT THE BACK OF THIS FORM. Name of Counsel: THOMAS E. FLOWER Supreme Court I.D. No.: 83993 Name of Law Firm: FLOWER LAW, LLC Address• 10 W. HIGH ST., CARLISLE, PA 17011 243-5513 ~t~ <: r ` i r-- ~ ; :'~ ~_ ~ ~a c_': ~:- ~ __ c •~ L C . Fo„noc-o~ .~v. ~o.i3.o6 !iPage 1 of 10 _. _ __ _ ___ ___ 1 Estate of RITA J. GRAHAM ~ ,Deceased 1. Name(s) and address(es) of Petitioner(s): ', Nave: SUE GRAHAM LEE address: 1009 FORBES RD. I CARLISLE, PA 17013 Identify any executors or administrators who have not domed m the Petrtio~ f~r Adjudication and Statement of Proposed Distribution and state reason: ', I NONE Is this the first accounting by this fiduciary? ..................... ~ ~~s ®No If not, identify prior accountings, the accounting periods covered, and t~hedrate of adjudication of the prior accounting. 2. Decedent died on NOVEMBER 26, 2009 ~, ® Letters Testamentary or Letters of Administration were granted to Petitioner(s) on FEBRUARY 1, 2010 ~ Date of Will (if applicable): MARCH 19, 2004 Date(s) of Codicil(s) (if applicable): NONE ~T~ Date of probate (if di, f, j`erent from date Letters granted): ', Was a bond required? Yes ®No If yes, state amount: Are proofs of advertising of the grant of Letters attached? ......... ', `lies ~ No Dates of advertising of the grant of Letters: MARCH 5, 12 & 19 AND MARCH 12, 19 & 26 Fain oc-o~ ~. ~o.~s.o6 ', Page 2 of 10 Estate of RITA J. GRAHAM .Deceased 3. Was decedent survived by a spouse? ............................. Q~~!es ^ No If yes, name of the surviving spouse: GARNET S. GRAHAM 4. Has the surviving spouse filed to take an elective share? ............. (~~es ^ No (See Section 2201 et sue. of the Probate, Estates and Fiduciaries Code) If yes, date of election: MARCH 5, 2010 5. In the case of an intestacy, state the names of the decedent's surviving childr$ri or surviving issue of deceased children (if none, so state): 6. Did decedent marry after execution of Will or Codicil(s)? ........... ^Yes ®No Were any children born to decedent after execution of Will or Codicil(s)? ........................................... ^ ~'es m No If yes, give names and dates of birth: Name: Date of Birth: 7. If required by the Medical Assistance Estate Recovery Act, 62 P.S. § 1412, was a request for a statement of claim sent to the Department of Public Welfare? .............................. Q~ Y'es ^ No F~ oc-ol ,~. io.~s.o6 Page 3 of 10 Estate of RITA J. GRAHAM ,Deceased 8. Written notice of the Audit as required by Pa. O.C. Rules 6.3, 6.7 and 6.8 heal been or will be given to all parties in interest listed in item 9 below, all unpaid creditors and ~l~ claimants listed in item 10 below. In addition, notice of any questions requiring Adjy~di~tion as discussed in item 14 below has been or will be given to all persons affected tlie~eby. A. If Notice has been given, attach a copy of the Notice as well as a list dithe names and addresses of the parties receiving such Notice. B. If Notice is yet to be given, a copy of the Notice as well as a list of;th names and addresses of the parties receiving such Notice shall be submitted at th~ Audit together with a statement executed by a Petitioner or counsel certifyic~g, that such notice has been given. G If any person entitled to Notice is not sui juris (e.g., minors or incapacitated persons), Notice of the Audit has been or will be given to the apprapr$ake representative on such party's behalf as required by Pa. O.C. Rule 5.2' D. If any charitable interest is involved, Notice of the Audit has been or Twill also be given to the Attorney General as required under Pa. O.C. Rule 5.5.' I~ addition, the Attorney General's clearance certificate (or proof of service of No~ic~ dr-d a copy of such Notice) must be submitted herewith or at the Audit. 9. List all parties (charitable and non-charitable) of whom Petitioner(s) has/hlav potice or knowledge, having or claiming any interest in the estate as beneficiaries urt~d~r'the Will or Codicil(s) or as intestate heirs if there is a complete or partial intestacy: '~ A. State each party's relationship to the decedent and the nature of each ~~rty's interest(s): Name atd Addrrss o Each Par in Interest Relationshi and Comments, I e st Jeffrey A. Graham SON 113 R>~'SI ~UE 1249 Peggy Drive AFTER )~ ~ LECTIVE Hummelstown, PA 17036-9017 SHARE, DUCED T BY DEB' ~ O DEC. Douglas S. Graham SON 1 /3 RESI ~XJE 15 Sipe Road AFTETt )~ h,ECTIVE Carlisle, PA 17015 SHARE I, Faun OC-0I rev. /0.13.06 Page 4 of 10 Estate of RITA J. GRAHAM ,Deceased Sue G. Lee DAUGHTER 1 /3 RESI~ 1009 Forbes Road AFTER ~ Carlisle, PA 17013 SHARE ', GARNET S. GRAHAM SPOUSE ELECTI~ SHARE c% Sue G. Lee, p.o.a. OF SifR~VING 1009 Forbes Road SPOUSE', Carlisle, PA 17013 B. Identify each party who is not sui juris (e.g., minors or incapacitated arsons). For each such party, give date of birth, the name of each Guardian anti how each Guardian was appointed. If no Guardian has been appointed, identify tie next of kin of such party, giving the name, address and relationship of each. C. State why a Petition for Guardian/Trustee Ad Litem has or has not begin filed for this Audit (egg Pa. O.C. Rule 12.4). D. If distribution is to be made to the personal representative of a dece~~d party, state date of death, date and place of grant of Letters and type of Lett!e~s granted. F~oaoi ,~. ~o.~s.o6 ', Page 5 of 10 __~_ i ~__ Estate of RITA J. GRAHAM ~, Deceased I 10. Other than the claim for the family exemption, list the names of all known claimants and the amount of their claims and state whether each claim is admitted. ', Name and Address of Each Claimant Amomt of Claim Claim ~ WNi Claim Adnitud? Be Paid /n Full? ^Yes Yes ©No No ^Yes Yes ®No No ^Yes Yes ®No No ^Yes Yes [jNo No ~I ~I If the estate is insolvent, .attach a schedule setting forth the order of preference lunder 20 Pa.C.S. § 3392 and the proposed payments. 11. Was family exemption claimed? ................................ [,~Y~es mNo Was family exemption allowed? ................................ ~Yles mNo Family exemption claimant's name and relationship: Name: Relationship: i Form oc-ol rev. /0.13.06 P~ge 6 of 10 Estate of RITA J. GRAHAM ' ~ Deceased 12. The amount of Pennsylvania Transfer Inheritance Tax and additional Penn~ylw~nia Estate Tax paid, the date(s) of payment(s), and the interest(s) upon which paid, are a~ follows: pate Payme»t interest JiJNE 18, 2010 3,943.82 0 ~ '~ 13. On the date of death, was the decedent a fiduciary (personal representative, trustee, guardian, agent under power of attorney) or surety on the bond of a fiduciary? ...... [~ des ®No If yes, provide the name of the estate, indicate whether an account has bee fled and confirmed absolutely and all awards performed, or, in the alternative, hc~w~tl~e decedent's estate will be discharged for the decedent's fiduciary admini5tr~tfon of the estate. 14. A. Describe in detail any questions requiring adjudication and state the positigm of the Petitioner(s) as to each question: NONE B. Has notice of the question requiring adjudication been given to the parties identified in Paragraph 9 above? .................. [~ YleS ^ No 15. If Petitioner(s) has/have knowledge that a share has been assigned, renaunc~d, I,d~sclaimed or attached, provide a copy of the assignment, renunciation, disclaimer or attac~-~-ent, together with any relevant supporting documentation. Fw~n OC-0! rero. 10.13.06 Page 7 of 10 Estate of RITA J. GRAHAM Deceased 16. Had the decedent been adjudicated an incapacitated person? .......... ~ ~es ®No If yes, attach a copy of the Order if available; otherwise state the Court, te;~nn, number, date, and name of Hearing Judge. 17. A. List ar attach a separate list of additional receipts and disbursements since, the closing date of the Account. NONE B. Has notice of the additional receipts and disbursements been given to the parties identified in Paragraph 9 above? ............. ~ Y'es ®No 18. If a reserve is requested, state amount and purpose. Aroounr.• i Purpose: If a reserve is requested for counsel fees, has notice of the amount of fees to be paid from the reserve been given to the parties in interest? ........................................ (,~Yles ^No If so, attach a copy of the notice. 19. Is the Court being asked to direct the filing of a Schedule of Distribution? .......................... ~Yles ®No As to real estate only? ........................................ [~Y~s mNo Fon,~ocor rev. ~o.t3.o6 ibaige 8 of 10 Estate of RITA J. GRAHAM _ ~, ~e~d Wherefore, your Petitioner(s) ask(s) that distribution be awarded to the par~ie entitled and suggest(s) that the distributive shares of income and principal (residuary shares eing stated in proportions, not amounts) are as follows: ', A. Income: Proposed Distributee(s) NONE B. Principal: Proposed Dtstributee(s) GARNET S. GRAHAM DOUGLAS S. GRAHAM, SUE G. LEE (EACH) JEFFREY A. GRAHAM AmowrdProportion ~~ Amotatt/Proportion 46,778.53 31,185.69 ~I ' 26,631.69 Submitted By: (.411 petitioners trust sign. Add additional lines if necessary): '~, N of P iti ne .SUE GRAHAM LEE ' Name of Petitioner: Form OC-OJ rev. 10.13.06 P e9ofl0 Estate of RITA J. GRAHAM _ .Deceased Verification of Petitioner (Verification must be by at iea$t one petitioner.) The undersigned hereby verifies * [that r,~sne N/A is NIA of the above-named ,tee ofcorporatlos N/A and] that th~ .facts set forth in the foregoing Petition for Adjudication /Statement of Proposed Distributian which are within the personal knowledge of the Petitioner are true, and as to facts based on the i formation of others, the Petitioner, after diligent inquiry, believes them to be true; and that any lse statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 (relating t+u t~nsworn falsification to authorities). Si re o et' io er * Corporate petitioners must complete bracketed information. Certification of Connsel The undersigned counsel hereby certifies that the foregoing Petition for Adjwdi atioN Statement of Proposed Distribution is a true and accurate reproduction of the form Pet tibn authorized by the Supreme Court, and that no changes to the form have been made be and the responses herein. _ Signature of Counsel for Foes OC-0l rev. 10.13.06 I i II Page 10 of 10 i r_- ~ .i. PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland lames IQeinklaus, Director of Sales and Marketing, of The Sentinel, of the Countyy and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a nev~spaper of general circulation in the Borough of Carlisle, County and State aforesaid, wads established December 13,1881, since which date T'HE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached her~et vs exactly the same as was printed and published in the regular editions and issixe~ of THE SENTINEL on the following day(s): March 12,19 and 2b, 2010 COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/$h~ ~ not interested in the subject matter o~ ~ `~ aforesaid notice or advertisemerKt, end that all allegations in the foregoing stat~ment as to time, place and character of publication are true. ~ , / L ~M Sworn to and subscribed before tn$ this o~~ a ~a~ o ~'~ 0~~ T Notary Publ~a My commission expires: M019MINAR~ ~~ INMI Mpr ~ ~d10UAli, CtNNSERIANp dUTY' Ml- Caamaslon Expires Jan 21, 2p1~ -~ 1- ~ .__ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of t~ie~County and State aforesaid, being duly sworn, according to law, deposes and says that the Cum gland Law Journal, a legal periodicalpublished in the Borough of Carlisle in the County an~ S~a~te aforesaid, was established January 2, 1952, and designated by the local courts as the official 1 gal periodical for the publication of all legal notices, and has, since January 2, 1952, b e>Kl regularly issued weekly in the said County, and that the printed notice or publication attache hereto is exactly the same as was printed in the regular editions and issues of the said Cutl~b nand Law Journal on the following dates, Affiant further deposes that he is authorized to verify this statement by the ~ltmberland Law Journal, a legal periodical of general circulation, and that he is not interested i~l the subject matter of the aforesaid notice or advertisement, and that all allegations in the for~gc~ing statements as to time, place and character of publication are true. I' Onlrata. lMMtea.T. Ulya 1liba JaaaM slratai. decd. Late of South Middleton Town- ship. Executrix: Sue G. Lee, 1009 Forbes Road, Carlisle, PA 17013. Attorneys: Thomas L. Alower, Esquire, 8aidis, !!lower 8ti LiMsatr, 2109 Narloet Street. Camp Hill. PA 17011. ~ < I, lsa Marie Coyne, E ' or SWORN TO AND SUBSCRIBED be~are me this 19 day of March, 2010 LQ/ Notary NOTARIIAL ~EALL DEBORAH A a,OLLINS Notary Pu lic CARUSIE BORO, CUMB~RIAND COUNTY My Commission Expir s Apr 28, 2010 FLOWER LAW, LLC 10 W. HIGH STREET CARLISLE, PA i 7013 James D. Flower, Jr. PHONE: (717) 243-5513 Thomas E. Flower FACSIMIL):~': (717) 241-4021 October 19, 2010 Jeffrey A. Graham Douglas ~. Graham 1249 Peggy Drive 15 Sipe I~ Road Hummelstown, PA 17036-9017 Cazlisleb PA 17015 Garnet S. Graham Sue G. $~ee c% Sue G. Lee 1009 Forbes Road 1009 Forbes Road Cazlisleb PA 17013 Cazlisle, PA 17013 Re: The Estate of Rita J. Graham NOTICE OF FIRST AND FINAL ACCOUNT Dear Beneficiary: This letter will advise you, as required by law, that the First and Final ACco~unt of Sue Graham Lee, Executrix of the above-mentioned estate has been filed for Audit v~rit~4 the Orphans' Court Division of Cumberland County Court of Common Pleas, Cumberland Cqur~ty, Pennsylvania. The Account, which includes a Schedule of Proposed Distribution, will be presented for audit, confirmation and distribution on November 23, 2010, at 9:3b a.m. A copy of the Account is enclosed. . If you have no objections to the Account, or the matters set forth within the action is required. However, if there aze objections to the transactions shown in'tl omitted from the Account, you must file with the Clerk of the Orphans' Court D~~ 9:30 a.m. on November 23, 2010, and in writing, objections thereto in conformity Cumberland County Orphans' Court Division Rules. In the absence of timely wri the Court will assume that you, as beneficiary, have no objections to the Account object will be waived. However, if there should be questions or objections, we v~o your contacting us so that we can attempt to resolve any problems without formal the Court. Very truly yours, FLOWER LAW, LLC ~1,.~_ Account, no Account, or pion, prior to pith the en objections, id the right to ld appreciate r~sentation to. Thomas E. Flower enclosure Date of Death: FIRST AND FINAL ACCOUNT OF SUE GRAHAM LEE EXECUTRIX FOR THE ESTATE OF RITA J. GRAHAM Date of Executor's Appointment: First Complete Advertisement of Grant of Letters Accounting for the Period: __ _ - _ - T D NO. 2010-0101 NOVEIV~B~R 26, 2009 FEBR~T~RY 1, 2010 MA1Ri,CH 12, 2010 i FEBRUARY 1, 2010 - SEPTEwI~3ER 1, 2010 Purpose of Account: SUE GRAHAM LEE, Executrix, offers this interested parties with the transactions that have occurred during her admi It is important that the account be carefully examined. Requests for questions or objections can be discussed with: Thomas E. Flower, Esquire FLOWER LAW, LLC 10 West High Street Cazlisle, PA 17013 (717) 243-SS 13 to acquaint ibnal information or N ~~ ~ -~, : ~.~ ~~U C"1 r r ~ n --1 cr. ~ _, ~ -, r .. ,, t C +, ~ ~' T~~j333~... ~ i~7 '. ~ __ _ _ - _ SUMMARY Proposed Distribution to Beneficiaries: $135,781.60 PRINCIPAL: Receipts Gains/Losses On Sale: Less Disbursements: Debts & Funeral Expenses Administrative Expenses Federal and State Taxes Fees and Commissions Balance Before Distributions Distribution to Beneficiaries Page No. 3 164,859.00 3 544.95 ' 165,403.95 3 1019.30 164,384.65 4 5 713.23 158,671.42 4 3 943.82 ! 154,727.60 4 18 946.00 ~' 4 135,781.60 4 (135.781.60) -2 PRINCIPAL RECEIPTS 02/01/2010 House & Lot at 25 Stonehedge Drive East PNC Bank checking acct. #50-8052-5298 PNC Bank checking acct. #50-8054-3226 47 shares MetLife common stock @34.08 Avalon Ins., refund of unused premium TOTAL PRINCIPAL RECEIPTS: GAINS/LOSSES ON SALE: Net proceeds, sale of MetLife stock Date of death value MetLife stock Total Gains on Sale: DISBURSEMENT OF PRINCIPAL DEBTS & FUNERAL EXPENSES: Checks clearing decedent's account after d.o.d. Comcast TV Cable Hoffman-Roth Funeral Home, Balance over prepaid arrangements Memorial luncheon TOTAL DEBTS & FUNERAL EXPENSES: ADMINISTRATION EXPENSES: Probate Fee Executor's Notices Filing Fee, Inheritance Tax Return Publish Home For Sale Ads Home Owners Assn. Dues Water/Sewer Fees Chem-Dry, Carpet Cleaning Herman Plumbing Furnace, A/C Cleaning Cavanaugh Michaels, Income Tax Prep PPL UGI Centurylink, Phone Bill -3- 147,000.00 ', 16,051.66 116.58 ~, 1,601.76 89.00 ', 164,859.00 2,146.71 '~, 1 601.76 544.95 165,403.95 I 26.19 60.07 453.41 479.63 1 019.30 369.50 305.02 15.00 682.36 870.00 212.00 199.61 ~' 86.90 185.00 234.00 '' 273.11 261.86 !, 31.57 164,384.65 'i III I ~ __ Trash Removal 90.21 LocaUCounty Real Estate Taxes 385.80 Net settlement costs, sale of 25 Stonehedge Dr. E. 1,351.29 Account Filing & Adv't Fees 130.00 Register's Automation & JCP Fees 15.00 Filing Fee, Petition for Adjudication 15.00 TOTAL ADMINISTRATIVE EXPENSES: 5 713.23 INHERITANCE TAX: 3 9(, 43.82) FEES AND COMMISSIONS: Sue Graham Lee, Executrix's Commission 8,946.00 Attorney Fees 10,000.00 TOTAL FEES AND COMMISSIONS: (18,946.00) Balance Before Distributions: PROPOSED SCHEDULE OF DISTRIBUTION: GARNET S. GRAHAM1: Advance Distributions: 20,348.13 To be distributed: 26,430.40 Subtotal: 46,778.53 JEFFREY A GRAHAM 26,631.692 DOUGLAS S. GRAHAM 31,185.69 SUE GRAHAM LEE 31,185.69 TOTAL DISTRIBUTION: (135,781.60) 158,671.42 154,727.60 135,781.60 ~ Mr. Graham claims his elective share under 20 Pa. C.S. § 2201, et seq. 2 Jeffrey Graham's share has been reduced to reflect payment to the estate by Je~r~y, as guarantor, of $4,554, the remaining balance due from Regan Graham under the 1 /3/05 loan a~relement. -4- __ _ I 1_ -- ___ _ _ _ _ _ _ __ _ T _ _ COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) Sue Graham Lee, Executrix under the Last Will and Testament of Rita J. am deceased, hereby declares under oath that she has fully and faithfully dischar~e~i the duties of her office; that the foregoing First and Final Account is true and co~re{ct and fully discloses all significant transactions occurring during the accounting p~ric~d; that all known claims against the estate, which are shown as paid in the foregoing a~C~ount, have been paid in full; that, to her knowledge, there are no claims now outst~nc~ing against the estate, except as disclosed in the foregoing account; and that all ~dax~es presently due from the estate have been paid. j S m ,Executrix COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. On this, the ~_ day of ~~ , 2010, before me, t1~e ,undersigned officer personally appeared Thomas E. Flower, Esquire, known to me (o,'r isfactorily proven) to be a member of the bar of the highest court of said state, ~u reme Court attorney license no. 83993, and certified that he was personally pres,~n .when Sue Graham Lee, whose name is subscribed to the foregoing Account, executed a same, and that the said person has acknowledged that she executed the same for the p ses therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NUNWEAL.I h ur rttvnsrw NatarW Seal Nathan C.1NaM, Notary Public ', Carlisle 8oro, CumbsAand Counly , 5 Camrrrbebn Aprfl f 9, 2012 ~r, PaMSylvan Anociation of Notaries '~ __- ._ . __ ___ _ __ i__