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HomeMy WebLinkAbout04-0642PETITION FOR GRANT OF LETTERS OF ADMINISTRATION Estate of ALLYSON E. BEATTIE also known as Social Security No. 167-72-1509 .ql- o4- Deceased. in the To: Register of Wills for the County of Cumberland Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older, applles for letters of administration on the estate of (d.b.n.; pendente lite; durante absentia; durante minoritate) the above decedent. Decendent was domiciled at death in Cumberland County, Perknsylya~a, ~ith ~ / her last family or principal residence at 411 North Pitt Street, Carlisle, PA 17013 [[~lff]~ /~~ ) (list street, number and municipa~ty) Decendent, then 14 ..... years of age, died June 19, 2004 at Carlisle, Cumberland County~ Pennsylvania Decendent at death owned property with estimated values as folllows: (If domiciled in Pa.) All personal property (If not domiciled in Pa.) Personal property in Pennsylvania (If not ddmiciled in Pa.) Personal property in County Value of real estate in Pennsylvania situated as follows: Petitioner s after a proper search have the following spouse (if any) and heirs: Name ascertained that decedent left no will and was survived by Relationship Residence ,: Gordon S. Beattie Father 21 Woodview Drive Mt. Holly Springs, PA 17065 Cindy L. Mayberry Mother 411 North Pitt Street Carlisle, PA 7013 THEREFORE, petitioner(s) respectfully request(s) the grant of letters of administration in the appropriate form to the undersigned. ~'z ~ Gordon S. Beattie Cin~l~ i~.. a~r~ ~ -- -~v-- ~'--, ~] ] North Pit¢ Street ~ 21 Woodview Drive C~rl ~ .ql ~. PA 17013 ~ o Mt. Holly Springs, PA 17065 OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland The petitioner(s) above-named swear(s) or affh-m(s), that the statements in the foregoing petition are true and correct to the best of the knowledge and belief of petitioner(s) and that as personal representative(s) of the above decedent petitioner(s) will/well and truly administer the estate according to law. // Sworn to or aff'umed and subscribed r, ~! ....... t~, ~ before me this I°~'t~ day of ~ Gord~fi-S. Beattie- July, 2004 , ~-~~-'~ l)lj ! ~ - '~-r' (.~ (~lc~Regl~ter [. Cind~l[. Ma~b'erry Estate. of ALLYSON E. BEATTIE , Decea~_~' d GRANT OF LETTERS OF ADMINISTRATION AND NOW July ] O. ,2004 $9 , in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that Gordon S. Beattie and Cindy L. Maybcrry, jointly is/are entitled to Letters of Administration, and in accord with such f'mding, Letters of Administration are hereby granted to Gordon S. Beattie and Cindy L. Mayberry. All actions taken by Administrators are to be taken jointly. in the estate of ALLYSON E. BEATTIE FEES Register of Wills Letters of Administration ..... $ Short Certificates( ) .......... Renunciation ................ $, ~e...p $ TOTAL Filed,..'~.;: .i.~. 7~.OO.~- ..... A.D. James D. Flower, Jr., Esquire #27742 ATTORNEY (Sgp. Ct. I.D. No.) 26 West High Street, Carlisle, PA 17013 ADDRESS 717-243-6222 PHONE his is to certify that the information here given is correctly copied from an original certificate ot' death duly I'il,d ,; ill. Local Registrar. The original certificate will be forwarded to the State Vital Records Office fl)r permanem fili~g. WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $2.00 No. · I Regisl]'ar JUN 2 z 200 Date f29-286 COMMONWEALTH OF PENNSYLVANIA · DEPARTMENT OF HEALTH · VITAL RECORDS CERTIFICATE OF DEATH (Coroner) 8T~E FILE ~IMSER ~O~IA[ 8ECUR/TY NUMBER 0 DATE O~ D~ATH__ ~. ~y. ~) Beattte Female ,. 167-72-15 9 J,. June 19~ Carlisle, Po. ,~t~ ~,~ g ~ 8LACK INK Allyson E 14 8,1990 [] ~ [] &l Cumberland- West Pennsboro School 411 North Pitt Street Carlisle, Penno. 17013 S. Beattie 2300 Block US Route 11 *(Richer Hwy. (1.40~5+) Memorial Gardens 008219L ~"~rdon S. Beattie ~a~h. Day, Yem) ~.~0 ~.,.0 OJ~,, June 23,2004 White Carlisle ~t~olly Springs,Pa. 17065 T~ umberland Count" Aprx. 9:00 AM..L~..~ June t9, 2004 ~)___+ · Closed Head Injuries Motor Vehicle Crash CMI~," II~m~ ~ i,'~,u~ c J _ I~ ~ ~m~ O~ tractor Cra.tier. CERTIFICATION OF NOTICE UNDER RHLE 5.6(a.t Name of Decedent: Date of Death: Estate No.: To the Register: ALLYSON E. BEATTIE June 19, 2004 21-04-0642 I certify that notice of the beneficial interest estate administration required by Rule 5.6(a) of the Orphan's Court Rules was served on or mailed to the following beneficiaries of the above-captioned estate on July 23, 2004. Gordon S. Beattie Cindy L. Mayberry 21 Woodview Drive, Mt. Holly Springs, PA 17065 411 North Pitt Street, Carlisle, PA 17013 Notice has now been given to all persons entitled thereto under Rule 5.6(a) except: None Date: July 23, 2004 -Capacity: SAIDiS, SHUFF, FLOWER & LINDSAY Name Address Telephone X James D. Flower, Jr. 26 West High Street Carlisle, PA 17013 (717) 243-6222 Personal Representative .. Counsel for Personal Representative COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES PO Box 280601 HARRISBURG, PA 17128-0601 January 30,2006 Telephone (717) 787-1602 James D. Flower, Jr. 26 W. High S1. Carlisle, Pa. 17013 Re: Estate of Allyson E. Beattie File Number 2104-0642 Dear Mr. Flower: The Department has been advised that the above-referenced estate is presently involved in litigation. The Department will suspend further activity on this estate until January 30, 2007. You are required to notify the Department when the status changes or the extension date expires. If you have any questions, please contact me at (717) 787-1602. Sincerely, J,-) ~~ Scott Ellison Inheritance Tax Division FAX 717-772-0412 E-mailsellison@state.pa.us Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 4/25/2006 FLOWER JAMES D JR 26 W HIGH STREET CARLISLE, PA 17013-2922 RE: Estate of BEATTIE ALLYSON E File Number: 2004-00642 Dear Sir/Madam: This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO.1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 6/19/2006 please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard this notice. Sincerely, ~~~ Glenda Farner Strasbaugn Clerk of the Orphans' Court cc: File Personal Representative(s) Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 4/25/2006 BEATTIE GORDON S 21 WOODVIEW DRIVE MT HOLLY SPRINGS, PA 17065 RE: Estate of BEATTIE ALLYSON E File Number: 2004-00642 Dear Sir/Madam: This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. I, for decedents dying on or after July I, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 6/19/2006 Please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard this notice. Sincerely, ~~~ Glenda Farner Strasbaugh Clerk of the Orphans' Court :::c: File l'nllnRel Cumberland County - Register Of Wills One Courthouse Square Carlisler PA 17013 Phone: (717) 240-6345 Date: 4/25/2006 MAYBERRY CINDY L 411 NORTH PITT STREET CARLISLEr PA 17013 RE: Estate of BEATTIE ALLYSON E File Number: 2004-00642 Dear Sir/Madam: This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULESr NO. 103 SUPREME COURT RULES DOCKET NO. 1r for decedents dying on or after July 1r 1992r the personal representative or his counselr within two (2) years of the decedent's deathr shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 6/19/2006 Please feel free to contact this office with any questions you may have. If you have already filed your Status Reportr please disregard this notice. SincerelYr ~~~ /.. Glenda Farner Strasbaugh Clerk of the Orphans' Court cc: File Counsel Register of Wills of Cumberland County STATUS REPORT UNDER RULE 6.12 Name of Decedent: Allyson E. Beattie Date of Death: June 19, 2004 Estate No.: 21-04-00642 Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration ofthe above-captioned estate: I. State whether administration of the estate is complete: Yes D No 0. 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: 60 days 3. If the answer to No. I is Yes, state the following: a. Did the personal representative file a final account with the Court? Yes 0 No 0 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 0 No D c. Copies of receipts, releases, joinders and approval of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. James D. Flower, Jr., Esquire Name Said is, Flower & Lindsay 26 West High Street, Carlisle, PA 17013 Address )ate: May 3, 2006 717 -243-6222 " Telephone No. t 1 Ss ::~ Capacity: 0 Personal Representative , l)l41 Counsel for personal representative ~;- I,' )~c -, J ',~~ v\ /,--\ l"\ kj~ \ 'v .-J 15056051058 REV-1500 EX (06-05) PA Department of Revenue '* Bureau of Individual Taxes " PO BOX 280601 Harrisburg, PA 17128-0601 ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death OFFICIAL USE ONLY County Code Year File Number INHERITANCE TAX RETURN RESIDENT DECEDENT 21 04 0642 Date of Birth 167-72-1509 06/19/2004 05/08/1990 Decedent's Last Name Suffix Decedent's First Name MI Beattie Allyson E (If Applicable) Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Spouse's First Name MI Spouse's Social Security Number THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS FILL IN APPROPRIATE OVALS BELOW .' 1. Original Retum 2. Supplemental Retum 3. Remainder Return (date of death prior to 12-13-82) 5. Federal Estate Tax Return Required .. 4a. Future Interest Compromise (date of death after 12-12-82) 7. Decedent Maintained a Living Trust (Attach Copy of Trust) 10. Spousal Poverty Credit (date of death 11. Election to tax under Sec. 9113(A) between 12-31-91 and 1-1-95) (Attach Sch. 0) CORRESPONDENT _ THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: Name Daytime Telephone Number \ 6. Decedent Died Testate (Attach Copy of Will) 9. Litigation Proceeds Received 8. Total Number of Safe Deposit Boxes 4. Limited Estate James D. Flower, Jr. Firm Name (If Applicable) Said is Flower & Lindsay (717) 243-6222 ,...-<'. """-"<":,""-,:,--:",,' ...............,."...-! REGISTER OF WIi..l~USE ONEf i First line of address " \ ~ ' 26 West High Street " --.\ (~? Second line of address City or Post Office Carlisle State ZIP Code DATE FILED PA 17013 Correspondent's e-mail address: this r urn, including accompanying schedules and statements, and to the best of my knowledge and belief, ther a the personal representative is based on all information of which preparer has any knowledge. /~!~l-------- ____~).3.A:E Ol_ ADDRESS --"-------------- -----, ----,--_.------_.- --.... --.. ----- U DATE ____ _ l' a 4- 01 --,'.- --- ------_..--------- ...------'. --- USE ORIGINAL FORM ONLY Side 1 15056051058 ...J L 15056051058 ~ .-l 15056052059 REV-1500 EX Decedent's Name: Allyson E Beattie RECAPITULATION 1. Real estate (Schedule A). ............................................ 1. 2. Stocks and Bonds (Schedule B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2. 3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C) . . . ., 3. 4. Mortgages & Notes Receivable (Schedule D) . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4. 5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) . . . . . . .. 5. 6. Jointly Owned Property (Schedule F) Separate Billing Requested . . . . . .. 6. 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (Schedule G) Separate Billing Requested.. . . . . .. 7. 8. Total Gross Assets (total Lines 1-7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8. 9. Funeral Expenses & Administrative Costs (Schedule H). . . . . . . . . . . . . . . . . . . .. 9. 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) . . . . . . . . . . . . . . . . 10. 11. Total Deductions (total Lines 9 & 10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11. 12. Net Value of Estate (Line 8 minus Line 11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12. 13. Charitable and Governmental Bequests/See 9113 Trusts for which an election to tax has not been made (Schedule J) . . . . . . . . . . . . . . . . . . . . . . . . 13. 14. Net Value Subject to Tax (Line 12 minus Line 13) . . . . . . . . . . . . . . . . . . . . . . . . 14. TAX COMPUTATION - SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116 (a)(1.2) X .0 % 715,402.48 16. Amount of Line 14 taxable at lineal rate X.O_ 17. Amount of Line 14 taxable at sibling rate X .12 18. Amount of Line 14 taxable at collateral rate X .15 15. 19. TAX DUE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19. 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT 15056052059 Side 2 L Decedent's Social Security Number 167-72-1509 715,402.48 0.00 16. 17. 18. 15056052059 --.J REV-1500 EX Page 3 Decedent's Complete Address: DECEDENT'S NAME _~lIysOI1-- _____ _ E . Beatti~___ ____ __ STREET ADDRESS 411 North Pitt Street File Number 0642 DECEDENT'S SOCIAL SECURITY NUMBER 167-72-1509 CITY Carlisle - ISTATE PA ZIP 17013 Tax Payments and Credits: 1. Tax Due (Page 2 Line 19) 2. Credits/Payments A. Spousal Poverty Credit B. Prior Payments C. Discount (1) 0.00 Total Credits (A + B + C ) (2) 0.00 3. Interest/Penalty if applicable D. Interest E. Penalty B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (5A) (5B) 0.00 0.00 0.00 0.00 0.00 ----- ---~- --- - Total Interest/Penalty ( D + E ) (3) 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Fill in avalon Page 2, Line 20 to request a refund. (4) 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) A. Enter the interest on the tax due. Make Check Payable to: REGISTER OF WILLS, AGENT PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: Yes No a. retain the use or income of the property transferred;.......................................................................................... 0 [i] b. retain the right to designate who shall use the property transferred or its income; ............................................ 0 [i] c. retain a reversionary interest; or.......................................................................................................................... 0 [iJ d. receive the promise for life of either payments, benefits or care? ...................................................................... 0 [iJ 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? .............................................................................................................. 0 [i] 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? .............. 0 [i] 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? ........................................................................................................................ 0 [i] IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is three (3) percent [72 P.S. 99116 (a) (1.1) (i)]. For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is zero (0) percent [72 PS. 99116 (a) (1.1) (ii)]. The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary. For dates of death on or after July 1, 2000: The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent, an adoptive parent, or a stepparent of the child is zero (0) percent [72 P.S. 99116(a)(1.2)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is four and one-half (4.5) percent, except as noted in 72 PS. 99116(1.2) [72 P.S. 99116(a)(1)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is twelve (12) percent [72 P.S. 99116(a)(1.3)]. A sibling is defined, under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. REV-15G8 EX+ (6-98) '* COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY ESTATE OF Allyson E. Beattie FILE NUMBER 21-04-0642 Indude the proceeds of litigation and the date the proceeds were received by the estate. All property jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM NUMBER DESCRIPTION VALUE AT DATE OF DEATH 1. Cash: Net proceeds from the wrongful death and survival acton of Allyson E. Beattie. Approval of the settlement and payment of counsel fees and reimbursement of costs was granted by the Honorable M. L. Ebert, Jr., on May 2, 2006, and docketed to No. 2005-5447 Civil, in the Court of Common Pleas of Cumberland County, Pennsylvania, a copy of which Order is attached hereto. The proceeds of the wrong- ful death action were $572,189.50, and the proceeds ofthe survival action were $143,212.98, for a total proceeds of both combined actions of $715,402.48. All of the proceeds were paid to Allyson E. Beattie's parents, Gordon S. Beattie and Cindy L. Beattie. The Estate takes the position that no Inheritance Tax is due under the authority of 72 P.S. 99116(a)(1.2), providing that Inheritance Tax upon the transfer of prop- erty from a child 21 years of age or younger to or for the use of a natural parent shall be at the rate of 0% 715,402.48 TOTAL (Also enter on line 5, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) 715,402.48 REV-1513 EX+ (9-00) .- COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE J BENEFICIARIES ESTATE OF Allyson E. Beattie FILE NUMBER 21-04-0642 RELATIONSHIP TO DECEDENT AMOUNT OR SHARE NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE I TAXABLE DISTRIBUTIONS [include outright spousal distributions, and transfers under Sec. 9116 (a) (1.2)] 1. Gordon S. Beattie and Cindy L. Beattie Natural Father & Mother 715,402.48 210 Buckthorn Street, Carlisle, PA 17013 ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE, ON REV-1500 COVER SHEET II NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OF PART 11- ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET $ (If more space is needed, insert additional sheets of the same size) ,..----' CI i) .., '} . J lL 11" Cl' ,\NI) NC)\\. this ORI)ER \ t-'\... '" 1\0 J cia) o~2006. upon consideration the Petition t(,\ Wrongful Death :\clions. ili thar Petitionenare authorized to enter into a scttlemenI in the sunl arc to SlgJl a and tl) 111ark maIler discontinued and ended as 10 the defendant \1> 'TC).. Cf)st3: relTIlbufSemcm costs: LS as ;\'ctl()n _.1 ,)(),~ ~ , l. :-; 1 !'') i..: 1 L I- :--,lL I..:?,\ ): r. cumber~ana councy - Keglscer ur Wl~~o One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 o :I'J 411 NORTH PITT STREET CARLISLE, PA 17013 Date: 6/08/2007 r.'....._.- MAYBERRY CINDY L '-;L: RE: Estate of BEATTIE ALLYSON E File Number: 2004-00642 Dear Sir/Madam: This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO.1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 6/19/2007 Please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard this notice. Sincerely, .tl/ U .~~.. l X.U..t~r v~u' . I / Glenda Farner Strasbaugh Clerk of the Orphans' Court cc: File Counsel Cumberland County - Reglster UL W~~~~ One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 6/08/2007 BEATTIE GORDON S o :TJ c. 21 WOODVIEW DRIVE MT HOLLY SPRINGS, PA 17065 r....~. L.:: RE: Estate of BEATTIE ALLYSON E File Number: 2004-00642 Dear Sir/Madam: This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO.1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of wills a Status Report of completed or uncompleted administration. This filing is due by: 6/19/2007 Please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard this notice. Sincerely, ~ ~ ~ f~ '.>.A I ~ J~ '_0- Glenda Farner Strasbaugh Clerk of the Orphans' Court cc: File Counsel ------------ --_U-.1 "-:;J~~--~-~ One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 6/08/2007 FLOWER JAMES D JR 26 W HIGH STREET n :: ~TJ ( CARLISLE, PA 17013-2922 r'_ c:-=.:- L:::; RE: Estate of BEATTIE ALLYSON E File Number: 2004-00642 Dear Sir/Madam: This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. I, for decedents dying on or after July I, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 6/19/2007 Please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard this notice. Sincerely, ~"'. I..., V. 4 '_ , ~vtww.J~~.v Glenda Farner Strasbaugh Clerk of the Orphans' Court cc: File Personal Representative(s) Pa. O.C. Rule 6.12 STATUS REPORT REGISTER OF WILLS OF ~ ~~ COUNTY, PENNSYLVANIA NaP1eofDecedent: AM 1(5f7Yl 6.. E~,'~ Date of Death: File Number: a t; () ~ - 06L6 l4J- :t Pursuant to Pa. O.c. Rule 6.12, I report the follo'wing with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: . . . . . . . . . . . . . . . . . . .. IClYes ~ 2. If the answeris No, state when the personal representative reasonably believes thatthe adrmnistration will be complete: . la.-o ~ 3. lfthe answer to No.1 is ~ s~te the following: a. Did the personal representative file a final'account with the Court? . . . .., DYes DNo b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. 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BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION PO BOX 280601 HARRIS8URG PA 17128-0601 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE ~:r;()RDFT; ('f.~P(,F IIIq'tICE OF INHERITANCE TAX .,.. ,. ."i../ ~P~)(tSEtHENT, ALLOWANCE OR DISALLOWANCE U~O~/IlEb.uCTIONS AND ASSESSMENT OF TAX '* DATE 06-25-2007 ESTATE OF BEATTIE ALLYSON E DATE OF DEATH 06-19-2004 FILE NUMBER 21 04-0642 COUNTY CUMBERLAND ACN 101 APPEAL DATE: 08-24-2007 ( See reverse side under Objections) A.ount Re.1ttedl I MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 ~~!_~~~~~_!~!~-~!~~------~---~~!~!~-~Q~~~-~Q~!!Q~-~Q~-!Q~~-~~~Q~~~--~-------------------- REV-1547 EX AFP (03-05) NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX ESTATE OF BEATTIE ALLYSON E FILE NO. 21 04-0642 ACN 101 DATE 06-25-2007 2001 JUN 29 PM I: 09 REV-1547 EX AFP (06-05) JAMES D FLOWER SAIDIS ETAL 26 W HIGH ST CARLISLE CLERK OF ORPHAN'S COURT ~Ur.!lc~-,')! ,t 'n 'v, . 84 PA 17013 TAX RETURN WAS: (X) ACCEPTED AS FILED ) CHANGED RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Real Estate (Schedule A) 2. 3. 4. 5. 6. 7. 8. Stocks and Bonds (Schedule B) Closely Held Stock/Partnership Interest (Schedule C) Mortgages/Notes Receivable (Schedule D) Cash/Bank Deposits/Misc. Personal Property (Schedule E) Jointly Owned Property (Schedule F) Transfers (Schedule G) (D (2) (3) (4) (5) (6) (7) .00 .00 .00 .00 715,402.48 .00 .00 (8) NOTE: To insure proper credit to your account, submit the upper portion of this form with your tax payment. Total Assets APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H) 10. Debts/Mortgage Liabilities/Liens (Schedule I) 11. Total Deductions 12. Net Value of Tax Return 13. Charitable/Governmental Bequests; Non-elected 9113 Trusts (Schedule J) 14. Net Value of Estate Subject to Tax 715,402.48 (9) ClO) .00 .00 ClD Cl2) Cl3) Cl4) .00 715,402.48 .00 715,402.48 NOTE: If an assess.ent was issued preViously, lines 14, 15 and/or 16, 17, 18 and 19 will reflect figures that include the total of ~ returns assessed to date. ASSESSMENT OF TAX: 15. Amount of Line 14 at Spousal rate 16. Amount of Line 14 taxable at Lineal/Class A rate 17. Amount of Line 14 at Sibling rate 18. Amount of Line 14 taxable at Collateral/Class B rate 19. Principal Tax Due C TS: DATE EC T NUMBER Cl5) 715,402.48 X 00 .00 (liD .00 X 045 = .00 Cl7) .00 X 12 = .00 Cl8) .00 X 15 = .00 Cl9)= .00 AMOUNT PAID PAID (-) TOTAL TAX CREDIT BALANCE OF TAX DUE INTEREST AND PEN. TOTAL DUE .00 .00 .00 .00 * IF PAID AFTER DATE INDICATED, SEE REVERSE FOR CALCULATION OF ADDITIONAL INTEREST. ( IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED. ~ IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU MAY BE D A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.) Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 FLOWER JAMES D JR 26 W HIGH STREET ,("') ~~o r;;lJ ~...p r-" m ~ C/3:O c:J ^ o8~ p~ .;;t --t "" c;:) c;:) = <.... c:: :z: I w Date: 5/30/2008 CARLISLE, PA 17013-2922 > ::I: - u o RE: Estate of BEATTIE ALLYSON E File Number: 2004-00642 Dear Sir/Madam: This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. I, for decedents dying on or after July I, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 6/19/2008 Please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard this notice. Sincerely, ~LJtrM'7f Glenda Farner Strasbaugh Clerk of the Orphans' Court cc: File Personal Representative(s) Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 5/30/2008 CARLISLE, PA 17015 80 S:i ffi :.0 ("') r;: J;; Zc.6~ 8~~ : ::0 :o-f ~.. ".." = c:::. c::o c- c: :z: I w BEATTIE GORDON S 210 BUCKTHORN DRIVE :x- X S:~': S::;? - .. o RE: Estate of BEATTIE ALLYSON E File Number: 2004-00642 Dear Sir/Madam: This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. I, for decedents dying on or after July I, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 6/19/2008 Please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard this notice. Sincerely, ~LJtiM'rf Glenda Farner Strasbaugh Clerk of the Orphans' Court cc: File Counsel Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 5/30/2008 MAYBERRY CINDY L 411 NORTH PITT STREET CARLISLE, PA 17013 80 ", <::::> c:::;, co :S:::o c- ln~ c:: rn C") :::x:J r- :z: r;;: m I .."" CJ5 :n W t5 ^ F5~~ :b- e;:) :z "",1 - <.~) :0-1 - ;;1 .. ~ ..~' ", Q RE: Estate of BEATTIE ALLYSON E File Number: 2004-00642 Dear Sir/Madam: This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. I, for decedents dying on or after July I, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 6/19/2008 Please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard this notice. Sincerely, /ikih ~ &r..Lf Glenda Farner Strasbaugh Clerk of the Orphans' Court cc: File Counsel ~a. ®.C.RJ~zTe 6.1? S'T~'TTJS ~P®~~' REGISTER OF WILLS OF _(,~m~ ,~~.-~i.~.~i COUNTY, PEN~iSYLVANIA Name of Decedent: Date of Death: File Number: ~ ~~' d ©E" ~,~~. D,,,•~,,.,,,++,. A., t'1 r^ A„to ~ 1 ~ T ,•o.-,~~~ the f~lln~x~ina tztith rPCnect to cmm~letinn of the adminiStratiotl of L ULJLLULLL LV L 4. V.l.~. 1\Ulv V. L., L i ter, ..b r'-- r------- the above-captioned estate: -- 1. tate whether administration of the estate is complete :.................... 0 Yes -o 2. If the answei is No, state when the personal representative reasonably believes that the administration will be complete: b S. 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 ~] 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 Q No d. Copies of receipts, releases, joinders and approvals of formal or informal accounts maybe filed with the Clerlc of the Orphans' Court and may be attached to this report. Dnte ~ ( ~ -' Sia is e of erson Filing this Form ap city: ]Personal Representative ~'6unsel r- --- ~ CJ ~-. Nnme o f Perso,x F iling this Fa•n: ~ ,' 7 ~ ' } 1 :2. -- J Addres . L1J , ! ') C.L.. ,. ~ = Telephaxe i ". Form R6V-10 rev. 10.13.0/ O ~/y M ~q V c~ c+ , ~ r ~~t`:~yy L~ J ~yq I ~~ ~L. ~~ µ~, ~ ~ Ya K~ .~ rta.lQ VV LLSS~+ ~ r ~~ ~" ` a.~ ~ ~ %. ~ ~~c~. ~ r ~~~ ~'` `s11 .+ ... .. S3 {g `' ~. r ~ ~ ~ Z ,. "'` ?E ~ N ~ ~_ >. F-- ~y ,. .~ r N ~ ~ - ~ - ~;~ • . ,. t r ` n s..~ f / ~ ll 4y ' ) _~ !•~ ,~ P ~ Y ~~ d ~$ w ~ -. Y ,~ yi~ ~ p ~ ~ ~ ~ v ~,r.d ~ ~ o ~ ~i c a A~ : CJ ,. ~ ~ a ~~ !~~ J ISLE JT !~' ~Y ~ Y i s t 0 0 N_ O ~"~ ,~1 ~ .k~~ i `:'~ !'~ U 0 L ~°r~ W ~ ~ „' H° +~ ~ ~` ,G 7'~ ~ ~ w ~` x C-~ ~~~ o~~ ~ ~ff ~W ~, v P i 1 ' ~ .-. 1 ~' In Re: Estate of Allyson E. Beattie, IN THE COURT OF COMMON PLEAS Deceased :CUMBERLAND COUNTY, PENNSY,~,.VANIA ORPHANS COURT DIVIS~N _ _`' ~ .. NO. 2004-00642 r ~~ ~' ~`' _-~. ~, :;`; ~ _ ~. _., , , PETITION FOR CITATION '~; .. 1. Petitioner, Cindy L. Beattie, is an adult individual who currently resideslat 1341 ~ Enola Road, Carlisle, PA 17013. 2. Respondent, Gordon S. Beattie, is an adult individual who currently resides at 210 Buckthorn Drive, Carlisle, Cumberland County, Pennsylvania, 17015. 3. The parties are the dually appointed co-administrators of the Estate of Allyson E. Beattie, deceased. 4. The estate was opened in order to pursue claims arising out of a motor vehicle accident that occurred on June 19, 2004. Allyson E. Beattie sustained fatal injuries as a result of the accident. 5. Claims were pursued that resulted in two separate settlements. On November 16, 2004, This Honorable Court approved a settlement of the underinsured motorist claims against the Erie Insurance Exchange. 6. On May 2, 2006, This Honorable Court approved the settlement of the claims against the tort feasors. 7. A dispute arose regarding the allocation of attorney's fees incurred in order to pursue the claims. S~ 8. By Order dated March 12, 2008, This Honorable Court per The Honorable Edgar B. Bailey, denied Gordon S. Beattie's Motion for Judgment on the Pleadings seeking to reallocate the attorney's fees from the previously entered Order. 9. Despite the Order, Gordon S. Beattie has refused to conclude the administration of the estate. 10. Funds are currently being held in escrow that should be divided equally between the parties. WHEREFORE, Petitioner, Cindy L. Beattie, urges This Honorable Court to issue a citation upon Gordon S. Beattie to show cause why the escrow proceeds should not be divided equally and the estate administration be concluded. Respectfully submitted, , ~. NEALON GOVER ~ PARRY /~ _ ..;y;. ~...~i~' By: James G. Nealon, III, Esquire Attorney I.D. #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 Dated: 7 t ~" c`~ ~ VERIFICATION I, Cindy L. Beattie, verify that the statements made in the foregoing Petition for Citation are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. J~ Date: `~ ~~~ CINDY EATTIE f . ~ IN RE: ESTATE OF ALLYSON IN THE COURT OF COMMON PLEAS OF E. BEATTIE, DECEASED CUMBERLAND COUNTY, PENNSYLVANIA OPRHANS' COURT DIVISION NO. 2004-00642 ANSWER TO CITATION BY RESPONDENT GORDON S. BEATTIE 1. Admitted. 4 ~,? . _ 2. Admitted. .. i c~-, ~=~ ~- _:., ~, - ., f 3. Admitted. ~ ` ' -~ - U, ,~:~ - 4. Admitted. _ -~, - ~ ~' °~,,- - - _ . . 5 Admitted. _, . - - ..~ }-~ ~" . G~ ~: 6. Admitted. 7. Admitted. 8. Admitted. By way of further answer, the Court denied a Motion for SAIDIS, FIAWER ~ LINDSAY nra~rsnrvs•nr.uw 26 West High Street Carlisle, PA Judgment on the Pleadings on the basis that one Plaintiff cannot make a contract claim against another Plaintiff in a declaratory judgment action under the caption of a suit involving the claim against a third party. The Court specifically indicated that: "Any dispute that Respondent had regarding his attorneys fees is not with Cindy L. Beattie." The Court found that the dispute is not properly a dispute between Gordon L. Beattie and counsel for Cindy L. Beattie, the Petitioner. The issue is whether by implication, rather than by explicit Contingent Fee Agreement, James G. Nealon, III, Esquire, is entitled to charge Gordon S. Beattie a contingent fee, where no such Contingent Fee Agreement was entered into. The effect of Petitioner's interpretation of the Court Orders that have been entered was that rather than Gordon S. Beattie owing a contingent fee of 20% on his recovery and Cindy L. Beattie owing a contingent fee of 25% on her recovery, that both Petitioners would be charged a contingent fee of 22'/2%. The contested funds being held in escrow represent the additional 2'/2% which Nealon, Gover and Perry is an honest difference in the understanding of the parties of their Contingent Fee Agreements. 9. Admitted in part and denied in part. Because the Respondent does not believe that the Court's Order of March 12, 2008, resolved all of the legal issues, he has declined to release the funds in escrow, and intends to pursue a declaratory judgment action against the law firm of Nealon, Gover and Perry, a copy of the Complaint for which is attached hereto as Exhibit "A". 10. Denied. Funds are currently being held in escrow. Respondent believes that he should not be charged a contingent fee of 22'/2% when he signed a Contingent Fee Agreement of 20% and that the funds in escrow should be paid to Respondent. WHEREFORE, Respondent GORDON S. BEATTIE requests that the SAIDIS, FLOWER ~ LINDSAY A77rRNEYS•AT•IAW 26 West High Street Carlisle, PA relief sought by Petitioner CINDY L. BEATTIE be denied. Date: October 13, 2008 SAIDIS, FLOWER & LINDSAY Attorneys for Respondent Gordon S. Beattie By ~ I '= James D. Flower, Jr. 26 West High Street ~-/~ Carlisle, PA 17013 (717) 243-6222 I. D. #27742 2 GORDON S. BEATTIE, Plaintiff, Vs NEALON, GOVER & PERRY, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - AT LAW NO. JURY TRIAL DEMANDED DECLATORY JUDGMENT ACTION 1. Plaintiff, GORDON S. BEATTIE, is an adult individual, who currently resides at 210 Buckthorn Street, Carlisle, Pennsylvania 17015. 2. Defendant is NEALON, GOVER & PERRY, a law firm with offices located at 2411 North Front Street, Harrisburg, Pennsylvania 17110. 3. Plaintiff is a parent of ALLYSON E. BEATTIE, who died as the result of an automobile accident that occurred on June 19, 2004, in Cumberland County, Pennsylvania. 4. Plaintiff and his former wife, CINDY L. MAYBERRY BEATTIE, were Co-Administrators of the Estate of Allyson E. Beattie. 5. The accident in question occurred while ALLYSON E. BEATTIE SAIDIS, FLOWER ~ LINDSAY pTTt)RNtYS•ATIAN' 2C West High Street Carlisle, YA was on a trip organized by her church, and it appeared that, depending upon the progress of negotiations, it might be necessary to make a claim against the insurance policy of the church that organized the trip, and possibly to sue that church, on a theory of respondent superior. 6. Plaintiff GORDON S. BEATTIE and his former wife, CINDY L. MAYBERRY BEATTIE, had different interests with respect to claims against the church in question. CINDY L. MAYBERRY BEATTIE chose the firm of NEALON, GOVER & PERRY to represent her. Because of the parties' disparate interests with respect to possible suit against the allegedly responsible church, Plaintiff GORDON S. BEATTIE chose to be separately represented by the firm of SAIDIS, FLOWER & LINDSAY. 7. The Contingent Fee Agreement of CINDY L. MAYBERRY BEATTIE, dated June 25, 2004, is attached hereto as Exhibit "A", by which CINDY L. MAYBERRY BEATTIE agreed to pay a contingent fee of 25% of her share of any of her net recovery for damages sustained on account of the death of her daughter, ALLYSON E. BEATTIE, to the firm of NEALON AND GOVER. 8. Exhibit "B" is the Contingent Fee Agreement dated July 7, 2004, by which GORDON S. BEATTIE, and his wife, KAREN L. BEATTIE, agreed to pay a contingent fee of 20% to the firm of SAIDIS, SHUFF, FLOWER & LINDSAY, for any of his net recovery. 9. Plaintiff and Defendant CINDY L. MAYBERRY BEATTIE asserted an underinsured motorist claim and recovered a total underinsured motorist claim benefits of One Hundred Seventy Thousand ($170,000.00) Dollars from the automobile carriers for both Plaintiff and Defendant. Plaintiff and Defendant proposed, and the Pennsylvania Department of Revenue approved, an allocation of 20% to the survival claim and 80% to the wrongful death claim. SAIDIS, EtiOVVER ~ 10. In the Petition to Settle An Underinsured Motorist Claim, in LINDSAY A'I'Il)RNEI'S•AT• W~4' z~, west High street paragraph 21, it was provided that "the parties further agreed that attorneys fees of Carlisle, PA Nealon and Gover, P. C. would be calculated based upon one-half of the amount of any settlement and the attorneys fees of Saidis, Flower & Lindsay would be calculated 2 based upon one-half of any settlement. In effect, the Contingent Fee Agreement provides for Petitioners to pay an overall contingency of twenty-two and five tenths (22.5%) percent of the total settlement." The Court Order approving said underinsured motorist settlement dated November 16, 2004, is attached hereto as Exhibit "C". 11. Plaintiff's aver that the correct interpretation of both Contingent Fee Agreements is that the attorneys fees of NEALON AND GOVER of 25% would be calculated upon the one-half of the settlement due to CINDY L. MAYBERRY BEATTIE, and that the 20% attorneys fees of SAIDIS, SHUFF, FLOWER & LINDSAY would be calculated upon the one-half of the settlement due Plaintiff GORDON S. BEATTIE. The purpose of calculating the overall contingency fee of 22.5% was to show the Court that the averaged contingency fees of both parties were fair, in order to support approval of the underinsured motorist claim. 12. In terms of distribution of the funds from the underinsured motorist claim, it was intended to pay those funds to each party as soon as possible, the issue of the distinction between the Plaintiff's 20% contingent fee and CINDY L. MAYBERRY BEATTIE'S 25% contingent fee was not raised at that time, and each party received an equivalent interim distribution. 13. After suit was filed against one of the responsible parties, KETHA SAIDIS, FLOWER Sz LINDSAY ATIORNEYti•AT•W1' 26 Wesr High Srreer Carlisle, 1'A RANCK, the driver of the motor vehicle in which ALLYSON E. BEATTIE was killed, and after extensive negotiations with the insurers for KETHA RANCK, the insurer for the church for which KETHA RANCK drove the accident vehicle, and which allegedly was responsible on a theory of respondent superior, and with counsel for other claimants who were injured in the accident, Plaintiff's negotiated an additional 3 settlement of Nine Hundred Twenty-five Thousand ($925,000.00) Dollars, One Hundred Thousand ($100,000.00) Dollars from the State Farm policy of KETHA RANCK, and Eight Hundred Twenty-five Thousand ($825,000.00) Dollars from the Brotherhood Mutual Insurance policy insuring the church in question. 14. Consistent with its earlier determination, the Department of Revenue accepted Plaintiff's proposed allocation of 20% of the net settlement amount to the survival action and 80% of the net settlement amount to the wrongful death claim. 15. The Petition to Settle All Wrongful Death and Survival Claims, attached as Exhibit "D", also described Plaintiff GORDON S. BEATTIE'S Contingent Fee Agreement, calling for payment of a fee of 20%, and CINDY L. MAYBERRY BEATTIE'S Contingent Fee Agreement, calling for a contingent fee of 25%. 16. Paragraph 21 of the Petition to Settle All Wrongful Death and SAIDIS, FLOWER ~ LINDSAY ATRIM'LYS•AT•lA\5' 2C West High Street Carlisle, PA Survival Claims, provided that "subsequent to the retention of lawyers by both Petitioners, it was agreed that Nealon, Gover and Perry would act as lead counsel in the investigation of pursuit of claims. Saidis, Flower & Lindsay would be involved to protect the interests of Gordon S. Beattie, to provide general advice and to handle all Estate matters." The parties further agreed the attorneys fees of NEALON, GOVER AND PERRY would be calculated based on one half of the amount of any settlement, the attorneys fees of SAIDIS, SHUFF, FLOWER & LINDSAY would be calculated based on one-half of any settlement. 17. Plaintiff's interpretation of that provision was that the 25% fees of NEALON, GOVER AND PERRY would be calculated based on the one-half of the 4 settlement attributable to CINDY L. MAYBERRY BEATTIE, and attorneys fees of SAIDIS, FLOWER & LINDSAY of 20% would be calculated on the recovery attributable to GORDON S. BEATTIE. 18. A true and correct copy of the Petition to Settle All Wrongful Death and Survival Claims is attached hereto as Exhibit "D". The Court approved that settlement and a copy of the Court Order to that effect, dated May 2, 2006, is attached hereto as Exhibit "E". 19. After approval of the settlement, and while in the process of calculating the final distribution of the proceeds to the clients, JAMES G. NEALON, III, and JAMES D. FLOWER, JR., counsel for the respective parties, found that they disagreed on the interpretation of the Contingent Fee Agreements. Mr. Nealon believed that 22.5% would be charged against the shares of both Plaintiff and Defendant. The undersigned, Attorney Flower, believed that 25% should be charged by NEALON AND GOVER against the share CINDY L. MAYBERRY BEATTIE was entitled to and 20% should be charged by SAIDIS, SHUFF, FLOWER & LINDSAY against the share Plaintiff was entitled to, and that CINDY L. MAYBERRY BEATTIE should not benefit from the fact that Plaintiff was able to strike a more favorable agreement on a contingent fee. 20. Contingent fees are governed by the Rules of Professional SAIDIS, FLOWER ~ specifically Rule 1.5(c), which permits contingent fees, but provides that "the Conduct LINDSAY , AITORNEYS•AT•IAW zc Wesr High sneer contingent fee must be in writing and must state the method by which the fee is to be Carlisle, PA determined, including the percentage or percentages that shall accrue to the lawyer in the event of settlement, trial or appeal..." 5 21. Plaintiff and his ex-wife, CINDY L. MAYBERRY BEATTIE, are each entitled to recover one-half of the proceeds of the suit. Plaintiff's contingent fee provides for Plaintiff to pay Plaintiff's counsel a 20% contingent fee on the amount recovered. CINDY L. MAYBERRY BEATTIE'S contingent fee provides for her to pay her counsel a fee of 25% of the amount recovered. For formal Contingent Fee Agreements, entered into by the parties, to be converted into new Contingent Fee Agreements, by which both Plaintiff and CINDY L. MAYBERRY BEATTIE would be required each to pay 22.5% contingent fee, one-half to each law firm, would require the execution of new Contingent Fee Agreements by each party and by the respective law firms. No such Contingent Fee Agreements were entered into. 22. This disagreement is an honest difference of opinion as to the effect of the Contingent Fee Agreements in place. Amendments to Contingent Fee Agreements may not arise from the discussions of the parties, but must arise only from formal written Contingent Fee Agreements between the attorney and the clients. 23. Although the bulk of the proceeds have been distributed, by agreement of the parties, JAMES G. NEALON, III has retained in his escrow accounts Twenty-Seven Thousand Three Hundred Seventy-Five ($27,375.00) Dollars, representing the funds which are in dispute. 24. The Declaratory Judgment Acts provide that an interested person SAIDIS, FLOWER ~ LINDSAY ATTOANEYS•AT•IAN' 2C West High Street Carlisle, I'A may apply to the Court to determine any question of interpretation of a contract, at 42 Pa.C.S.A. §7533. 6 25. The settlement of the personal injury action was sealed by a Court Order to protect the financial privacy of the parties. Plaintiff requests that this proceeding also be placed under seal for the same reasons. WHEREFORE, Plaintiff requests that this Honorable Court enter an Order directing that distribution of the proceeds of the funds in escrow to Plaintiff GORDON S. BEATTIE. SAIDIS, FLOWER & LINDSAY Attorneys for Plaintiff Gordon S. Beattie B r James D. Flower, Jr., Esquire 26 West High Street Carlisle, PA 17013 (717) 243-6222 I.D. #27742 SAIDIS, FLOWER Sz LINDSAY ATIpM'EYti•AT•IAN' 26 Wesr High Street Carlisle, PA 7 VERIFICATION I, GORDON S. BEATTIE, Petitioner herein, hereby verify that the statements made in the within instrument are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Gordon S. Beattie Date: ~ ~ _ ~~ ~ ~ SAIDIS, FLOWER Sz LINDSAY pT70RNLYti•AT•IA\4 26 West High Stree~ Carlisle, PA 8 IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF ALLYSON BEATTIE, :CUMBERLAND COUNTY, PENNSYLVANIA DECEASED 04-642 ORPHANS' COURT ORDER OF COURT AND NOW, this ~ ~ day of October, 2008, following a review of the answer to the Rule to show cause filed by Gordon S. Beattie, IT IS ORDERED that the Rule is made absolute. Gordon S. Beattie is directed to forthwith conclude the administration of the estate and divide the subject escrow proce~ eq By the Court, D 1 /r Edgar B. Bayley, J. James D. Flower, Jr., Esquire For Gordon S. Beattie III Esquire James G. Nealon . , , ~ ~ For Cindy L. Beattie ~= o ~ , '_~?~ `~; aal J ~ ~ c~-, _ w ;. _ .... 1~;~;; ~ _ . --i iV y cn 'While the order of March 12, 2008, denied the motion of Gordon S. Beattie for judgment on the pleadings, the written opinion in support made clear that the orders of distribution of the net proceeds of the settlements, ARE FINAL. Any individual claim that Gordon S. Beattie indicates he will pursue against Nealon, Gover and Perry does not involve the estate for which Gordon S. Beattie is under a legal obligation to now conclude. c~ ~ 1 ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: ALLYSON BEATTIE CUMBERLAND COUNTY PENNSYLVANIA NO.21-04-0642 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 10-15-08 JUDGE'S INITIALS: EEB TIME STAMP DATE: IN RE: ORDER OF COURT SERVICE TO: JAMES D FLOWER JR JAMES G NEALON III METHOD OF MAILING: ® USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: 10-15-08 ENVELOPES PROVIDED BY: ^ PETITIONER ® JUDGE ^ CLERK OF ORPHANS COURT SERVICE TO: METHOD OF MAILING: ^ USPS ^ RRR ^ HAND DELIVERED ^ OTHER _ MAILED: ENVELOPES PROVIDED BY: ^ PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT ep of Orphans' Court -1_ Pa. O.C. Rule 6.12 STATUS REPORT REGISTER OF WILLS OF CUMBERLAND Name of Decedent: Allyson E. Beattie COUNTY, PENNSYLVANIA Date of Death: June 19, 2004 File Number: 21-04-00642 Pursuant to Pa. O.C. Rule 6.12, 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 ~ 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 Q 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 d. Copies of receipts, releases, joinders and approvals of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. Dare ~~ f % -' Signar~re of Person Filing this Form Capacity: Personal Representative /®Counsel ~3~mes D. Flower, Jr., Esquire Name of Person Filing this Form 26 West High Street Address Carlisle, PA 17013 ~ti :4 ~ ~ ~ ~~~ ~t~~7 717-243-6222 Telephone "~ . ,~h, ,_, •~,; Form RW-!0 rero°. !0.13.06`