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Home My WebLink About04-18-11~..~ ~ ~ = ,~ ~ ~~ IN THE COURT OF COMMON PLEA_ n ~ ~;~ , CUMBERLAND COUNTY, PENNSY ' ~'~' ~'? ESTATE OF GRACE S. DILETTO : ~ ~~ ~ _,-',' ~'_ ORPHANS' COURT DIVISION ~ ~ ~ ~' ,_ DECEASED NO. 21-11-0053 ~ _ 7~' ~`-' N -T ~- c.t ~~ G G..: 'T~ PETITION UNDER SECTION 3102 OF THE PROBATE ESTATES AND FIDUCIARIES CODE FOR SETTLEMENT OF SMALL ESTATE TO THE HONORABT,E, THE'JUD'GES'OF SAID COURT: AND NOW, comes your Petitioner, Charles G. Appleby, Jr., by and through his attorneys, Andrews & Johnson and Ronald E. Johnson, Esquire and files this Petition for settlement of a small estate under the provisions of Section 3102 of the Probate, Estates and Fiduciaries Code and in support thereof; 'avers as follows: 1. Grace S. Diletto died on May 6, 2010, a resident of Cumberland County, Pennsylvania. 2. Petitioner, whose address is 33 Sherwood Circle, Enola, PA 17025, is the nephew of the decedent and on the date of the decedent's death guardian of the estate and person of the decedent: A copy of the Court Order issued by the Delaware County, Pennsylvania Orphans Court Division is marked Exhibit "A" and attached hereto and made a part hereof. 3. The Decedent died intestate. 4. The property owned by the decedent on the date of her death consisted of checking account number 0537153116 at Metro Bank in°theFname ofi'Chari~es^~ Appleby; Jr.~ Guardian for Grace Diletto. The balance in said account at the time of decedent's death was $6,265.15. 5. The following disbursements have been made from this account prior to the. filing of this Petition: a. 5/1,4/2010 Griffith Funeral Chapel $390.00 b. 5/14/2010 SS Peter and Paul Cemetery-grave opening $425.00 c. 5/25/2010 Sarah Todd Nursing Home-final charges $998.30 d. 6/7/2010 Delaware County Orphans Court -filing fee for final report of Guardian of the Person $25.00 e. 6/29/2010 •DeCiuistopher Memorials $97.50 f. 6/29/2010 Archdiocese ofPhiladelphia-permit to update grave mazker $30.00 g. 7/10/2010 Reimbursement to Chazles Appleby for miscellaneous funeral expenses $200.90 h. 8/30/2010 DeChristopher Memorials-balance due on grave marker $97.50 i. 12/28/2010 Andrews & Johnson, atty -consultation $25.00 TOTAL $2,289.20 6. The following receipts have been received prior to the filing of this Petition: a. 5/26/2010- Prescription charge credit $4.45 b. 12/28/2010' Interest credits $5.82 7. The balance in the Metro Bank checking account as of the date of the filing of this Petition is $3,985.73. 8. The only unpaid Claimant which your Petitioner has notice or knowledge of is the Commonwealth of Pennsylvania, Department of Public Welfare which has submitted a claim totaling $29,304.56, a copy of said claim is marked as Exhibit "B" and attached hereto and made a part hereof. 9. A Pennsylvania Inheritance Tax Return was filed with the Register of Wills of Cumberland County on January 12, 2011. The Return was filed as an Insolvent Estate Return and a copy of the Appraisement received from the Department of Revenue accepting said Return is marked as Exhibit "C" and attached hereto and made a part hereof. 10. Twenty (20) days written notice of Petitioner's intention to file this Petition has been given to the Commonwealth of Pennsylvania, Department of Public Welfaze. A copy of said notice is marked as Exhibit "D" and attached hereto and made a part hereof. WHEREFORE, Petitioner requests that the Court award the estate of Grace Diletto, deceased payable from Metro Bank checking account 0537153116 in the name of Charles G. Appleby, Jr., Guardian for Grace Diletto, as follows: a. Chazles G. Appleby, Jr. -reimbursement for filing fees advanced $58.50 b. Andrews & Johnson -legal fees $750.00 c. Charles G. Appleby, Jr. -Delaware County Orphans Court - final report of the estate filing fee $25.00 d. Commonwealth of Pennsylvania, Department of Public Welfare - payment of claim $3,T52:23 (or whatever the balance in the account at the time of distribution) e. Confirm and ratify the payments previously made by Petitioner from Metro Bank checking account number 0537153116. ANDREWS & JOHNSON By: Ronald E. Jo on, Esq. 78 W. Pom t Street Carlisle, PA 17013 (717)243-0123 I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made°subject'to•the penalties of 18 Pa:C.S. § 4904; relating to unsworn falsification to authorities. By: Charles G. Appleby, Jr. JAMES A. GII.LIN, ESQUIRE ATTORNEY LD.: 38694 2 OLD STATE ROAD MEDIA, PA 19063 (610) 565-5131 IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION O.C. NO. 345 of 2004. ESTATE OF GRACE DILETTO AN INCAPACITATED PERSON ....DECREE AN NOW, this 2.J - day of O5, upon consideration of the Petition for Allowance of Guardian Commissions, it is hereby ORDERED and DECREED that the Petition is GRANTED and that guardian commissions in the amount of $824.50 are awarded to Carol Hershey of Guardian Services of'Pe~nsylvania and counsel fees in the amount of $400.00 plus filing cost are awarded to James A. Gitlin, Esq. it is further ORDERED and DECREED that Carol Hershey of Guardian Services of Pennsylvania is hereby permitted to resign as Guardian of the ESTATE and PERSON of GRACE DII.ETTO and Charles G. Appleby is hereby_~ appointed as Substitute Guardian of the ESTATE and. PERSON of GRACE DILETTO. •j ' .::~ ba. ~i..:... . A_i P . ~-'..~i .~ ~/~ -- - -- - ~ .~.,..~ ......, ~ a w1uwAL r uLLgG ,L COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE BUREAU OF FINANCULL OPERATIONS TPL SECTION -CASUALTY UNR PO BOX 8486 HARRISBURG PA 17105-8486 September 15, 2010 STATEMENT OF CLAIM SUMMARY NAME Estate of DILETTO, GRACE ID, 940 246 777 ~/1 112 tl BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION PO BOX 260601 WIRRISBDRG PA 17128-0601 NOTICE OF INHERITANCE TAX pennsylvania~ APPRAISEMENT, ALLOWANCE OR DISALLOWANCE ~i1 OF DEDUCTIONS AND ASSESSMENT OF TAX DEPARTMENT OF REVENUE REV-1547 EX AFP (12-10) RONALD E JOHNSON ESQ 78 W POMFRET ST CARLISLE PA 17013 DATE 03-14-2011 ESTATE OF DILETTO GRACE S DATE OF DEATH 05-06-2010 FILE NUMBER 21 11-0053 COUNTY CUMBERLAND ACN 101 APPEAL DATE: 05-13-2011 (See reverse side under Objections) Aoount Re~itted~---, MAKE CHECK PAYABLE AND REMIT PAYMENT T0: REGISTER OF WILLS 1 COURTHOUSE SQUARE CARLISLE PA 17013 CUT ALONG THIS LINE ~-'!- RETAIN LOWER PORTION FOR YOUR RECORDS ------------------------ ---------- f~ ----------- REV-1547 EX AFP (12-.10) NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE _ ----------------- OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX _ ESTATE OF: DILETTO GRACE SFILE N0.:21 11-0053 ACN: 101 DAT E: 03-14-2011 TAX RETURN WAS: (X) ACCEPTED AS FILED ( ) CHANGED APPRAISED VALUE OF RETURN BASED DN: ORIGINAL RETURN 1. Real Estate (Sehetlule A) 2. Stocks and Bonds (Schedule B) O) .00 NOTE: To ensure proper 3. Closely Held Stock/Partnership Interest (Schedule C) (2) (3) .00 .00 credit to your account, submit the upper portion 4. Mortgagos/Notes Receivable (Schedule D) C4) 00 of this form with your 5. Cash/Hank Deposits/Misc. Personal Property (Schedule E . ) C5) 6,269.60 tax payment. 6. Jointly Owned Property (Schedule F) 7. Transfers (Schedule G) (6) .00 (7) .00 8. TOtal Assets APPROVED DEDUCTIONS AND EXEMPTIONS: (B) 6. 69 60 9. Funeral Expenses/Adm. Costs/Misc. Expanses (Schedule H) 9 1 10. Debts/Mortgage Liabilities/Liens (Schedule I) .9 (9)- 4 40 C10)_. 30,30 2 86 11. Total Deductions 12. Net Value of Tax Return (11) 33,217.26 13. Charitable/Governmental Bequests; Non-elected 9113 Trusts (Schedul J (13) 26,947.66- 14. Net Value of E t e ) 00 s ate Subject to Tax (l4) __ 26.947.66- NOTE: If an assessment was issued previously, lines 14, 15 and/or 16 17 18 reflect figures that include the total of ALL returns , , and 19 will ASSESSMENT OF TAX: asses sed to date. 15. Amount of Line 14 at Spousal rate C15) .00 00 ~ 16. Amount of Line 14 taxable at Li X .00 neal/Class A rate (16) 17. Amount of Line 14 at Sibling rate -nn x 045 = .00 (17). -00 X 12 = 18. Amount of Lin 14 t e axable at Collateral/Class B rate (18) .00 15 = 19. Principal Tax Due X .00 TAX CREDITS: (19)' .00 uaawVnl C+) DATE NUMBER INTEREST/PEN PAID (-) AMOUNT PAID TOTAL TAX PAYMENT .00 BALANCE OF TAX DUE .00 " ~ ~ ~/ INTEREST AND PEN. .00 x TOTAL DUE .00 * IF PAID AFTER DATE INDICATED, SEE REVERSE IF TOTAL DUE IS REFLECTED AS A "CREDIT" CCR), YOU MAY BE DUE FOR CALCULATION OF ADDITIONAL INTEREST. A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS. ANDREWS & JOHNSON Attorneys at Law 78 West Pomfret Street Carlisle, PA 17013-3216' TAYLOR P. ANDREWS RONALD E. JOHNSON Commonwealth of Pennsylvania Department of Public Welfare Bureau of Program Integrity Division of Third Party Liability Casualty Unit PO Box 8486 Harrisburg, PA 17105-8486 ATTN: Karin L. Tyler RE: Estate of Grace Diletto CIS NO: 940246777 DOD: May 6, 2010 Dear Ms. Tyler: March 21, 2011 Telephone (717) 243-0123 Telefax (717) 243-0061 Notice is herewith given of the Intention of the Petitioner, Charles B. Appleby, Jr. to file the attached Petition under section 3102 of Probate Estates and Fiduciaries Code for settlement of a small estate on or after April 18, 2011. Should you have any questions, please feel free to contact me. Very truly yours, REJ:ss Enclosure ANDREWS & JOHNSON Ronald E. Johnson ~x D ~~ ~ ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF GRACE S. DILETTO ORPHANS' COURT DIVISION DECEASED NO. 21-11-0053 CERTIFICATE OF SERVICE I hereby certify that on March 22, 2011, I mailed a copy of the Petition Under Section 3102 of the Probate Estates and Fiduciaries Code for Settlement of a Small Estate and attached Order to the following person at the following address by U.S. Mail to: ~.~ Commonwealth of Pennsylvania ~~ -moo ~, Department of Public Welfare ~'~' ~ ~ ~ _, r -, Bureau of Program Integrity v5 ~ ~ - - c.:' Division of Third Party Liability ~-~ C~ ~ ~ p T -~ ~.., ,` -, _, - Casualty Unit o c= ~ -- --~~-- tv -~' ,_~_ c~ rn PO Box 8486 ~ D w _ ~~ Harrisburg, PA 17105-8486 ~~ ATTN: Karin L. Tyler I verify that the statements made in the foregoing Certificate of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. <.,~ U~ N d _.~ C.3 -- C'~.! r- ~ Q I.i. = ~. ~ ~ (? =,:~ a ~ _._ . ~ v u~ O LL ~ : V a .~.. ~ ANDREWS & JOHNSON By: Ronald E. Jo bn,'E Attorneys fo laintif 78 W. Pom et Street Carlisle, PA 17013 (717)243-0123