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Home My WebLink About05-29-12n '- r .. ; -ice ~- C -r; ~ ~. ~ - ~ ~- Barbara Sumple-Sullivan, Esquire ,~ `~` ~~ ~ ~` Supreme Court rt~2317 c~=' ~ r__ 549 Bridge Street ~_'. New Cumberland, PA ] 7070 ~~" - - (717) 774-1445 ~, = ~ _, ~, ~ - ESTATE OF ALMA MASKALUNAS IN THE COURT OF COMMON EAS ~~ - `~' ~ ` CUMBERLAND COUNTY, PENNSYLVANIA REGISTER OF WILLS ESTATE No. 2012-00424 MOTION FOR APPROVAL OF RENUNCIATION OF EXECUTRIX AND SUBSTITUTION OF ALTERNATE EXECUTOR This Motion is filed by Barbara Sumple-Sullivan, Esquire, attorney for the Estate of Alina Maskalunas seeking approval of the substitution of executors. 1. Cathy Sheriff, a friend of the Decedent, was named Executrix of the Estate of Alina M. Maskalunas pursuant to Decedent's Last Will and Testament dated October 21, 2010. 2. Ms. Sheriff duly opened the Estate of Alma M. Maskalunas on April 9, 2012. 3. After being duly sworn, Grant of Letters were issued to Cathy Sheriff or April 10, 201.2 and were advertised. 4. Upon receipt of the Letters, Ms. Sheriff commenced her fiduciary duties by seeking appropriate appraisals and securing a Federal EIN number, but she made no actual change in the financial structure of the Decedent. Specifically, she did not withdraw or close any of the Decedent's accounts, did not undertake any transfers from any Decedent's accounts, and made no payment of Decedent's expenses. 5. Ms. Sheriff has decided to resign from her position as Executrix because of the extensive responsibilities caused by the appointment and because she feared potential conflicts of interest with the beneficiaries of the Estate. A copy of the notice to counsel is attached hereto as Exhibit A. 6. Ms. Sheriff delivered all relevant documents and information to the office of the undersigned counsel. 7. An originally executed Renunciation, executed by Ms. Sheriff, is attached hereto as Exhibit B. 8. Pursuant to the Last Will and Testament of Alma M. Maskalunas, Dru Smith, father of the named beneficiaries, was designated as alternate Executor of the Decedent's Estate. 9. Notice of Ms. Sheriff's resignation has been provided to all beneficiaries, including Dru Smith, by letter dated May 10, 2012. A true and correct copy of same is attached hereto as Exhibit C. 10. Dru Smith has expressed his willingness to so serve and has, in fact, appeared at the Register of Wills Office to be sworn and presented his Petition for issuance of new letters testamentary. 11. Given that there has been no action taken by Ms. Sheriff to make any change in the financial structure of the estate of the Descendent, there is no prejudice to the beneficiaries of the Estate in a present change of beneficiaries. 12. Ms. Sheriff waives any claims to any fee or reimbursement of expenses incurred while Executrix. WHEREFORE, it is requested that the renunciation of Ms. Sheriff be approved and the appointment of Dru Smith be confirmed. J, Date: May 29, X012 ~~ ~~,,~~ Barbara Sumple-Sullivan Supreme Court #32317 549 Bridge Street New Cumberland; PA 17070 (717) 774-1445 Exhibit A CATHY MAE SHERIFF 148 FAITH CIRCLE CARLISLE, PA 17013 717-514-4152 May 4, 2012 Barbara Sumple-Sullivan, Esquire 549 Bridge St. New Cumberland, PA 17070 RE: Estate of Alma Maskalunas Dear Barbara: This letter will serve to advise you that I hereby resign and relinquish all interest as Executrix of the above referenced estate effective today, May 4, 2012 due to a conflict of interest between beneficiaries and the wishes known to be that of Alma Maskalunas. I am returning all documents in my possession as follows: Death Certificates Series EE Savings Bond/Joe Maskalunas IRS Folder with 2011 Info Proposals from 2 Real Estate Agencies Short Certificates (5) Beneficiary Notices (4) Checkbook Alma Maskalunas Bank Statements Change Purse Alma Maskalunas Keys to house 740 Carol St & Safe Deposit Box W--, .- ~ - __ ___ _._ . Thank you. ~~t Cathy M: Sheriff ~ ..,~~ i~ u:'.u ~:'~:.''$Cif~J6°f~l 4:rC9~1~'~ E~e~v i r~~~~~ ds r~ -~ . - ?a ~ C::';,f,.:l~l'~Ci~i1t'~r^i:, ~ F'~ GF ='=tuft°.ci~" ~d`l7EVzS: !'.'";E i~. uliiri~c:7,, (~ip~;;~., c:`bliC -~_ _.~' . i Exhibit B ~r~~~vc~A~r~~~ REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA Estate of AI-?'~'1-A ?'•'IASJK_ALUNA S I, CATHY SHERIFF (Print A'nme) EXECUTRIX Deceased in my capacity/relationship as of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfitlly request that Letters be issued to DRU SMITH MAY 18, 2012 (Dole) Executed rtr Regrsfer's Offtce Sworn to or affirmed and subscribed before me this day of , Deputy for Register of WCCts 1 ~ ~° ~ i is V ~~'t''r (Signarare) ` 148 Faith Circle (Street Address) CarCisle, Pa 170I3 (City, Srnle, Zrp) Executed ottt of Regrsfer's Office Before the undersigned personally appeared the patty executing this renunciation and certified that he or she executed the renunciation for the purposes stated within on this ~ ~ day of ~oI ,.~ (, 4•~ . ~~11. 6~ Notaty Public My Cotr.7nission Expires: ~.~~3i~k ~ (Signature and Sea} of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.} ~:~f€°.,v oti~t"~/'.! fly+±i::i'r"4~'~`~,`.~~,~, f/~~ l Lli it t~iQ 'n h SIC ~ _; ;'.-. '=. Fonn R7f'-06 ter. 10.13.06 n ~r t~ri rc~*nti' ~ i_--- _ --... _,_, _f ~l,,_r , ~ ', ~ I l il~r~ ~ ~7 ,, ! ~, t i ~ ,, , ~ 5^..."rit7; , I"3fi^ ~/~`r~:f'is: P~`._... ~flen 07 ..".~'i2(IE~ Exhibit C LA~Tr' OFFICES ~~R~AE~A ~~Jl~~P~E-~~TL~I~AI~T 543 ERIDG-E STREET NEw CIII~ERLAND, PEI~rNSYLVANFA 17070-133I. FHONE (7Z7) 774-1445 FAb (717) 774.7053 May 10, 2012 Dru Smith Taylor Smith Nathan Smith 203 Byron Ave 203 Byron Ave 203 Byron Ave l~arrisburg, Pa 17109 Harrisburg, Pa 17109 Harrisburg, Pa 17109 Legal Guardian of Monica Lee Smith Legal Guardian of Megan Lee Smith 203 Byron Ave 203 Byron Ave Harrisburg, Pa 17109 Harrisburg, Pa 17109 Central Pa Humane Society 1837 E. Pleasant Valley Blvd. Altoona, Pa 16602 Dear All: Attached please find a letter my office received from Cathy Sheriff relative to her resignation as Executrix of the Estate of Alma 1vlaskalunas. I am sending a copy of this letter to Drew because, pursuant to Alma's will, he had been designated as alternate Executor. This letter is to determine whether you will accept this appointment. Please advise my office and we will commence the paperwork necessary to substitute the f duciary. Thank you for your consideration. _.--~_-. Very.-tr--uly yours, ,~ ;~ ;: ,,`~ . -~~.~~, ,~ ,r ,,~' ~~_--Bar ara Sumple-Sullivan BSS/rs Enclosures CC: Cathy Sheriff (via- email) CATHY MAE SHERIFF 148 FAITH CIRCLE CARLISLE, PA 1.7013 717-514-4152 May 4, 2012 Barbara Sumple-Sullivan, Esquire 549 Bridge St. New Cumberland, PA 17070 RE: Estate of Alma Maskalunas Dear Barbara: This letter will serve to advise you that I hereby resign and relinquish all interest as Executrix of the above referenced estate effective today, May 4, 2012 due to a conflict of interest between beneficiaries and the wishes known to be that of Alma Maskalunas. I am returning all documents in my possession as follows: Death Certificates Series EE Savings Bond/Joe Maskalunas IRS Folder with 2011 Info Proposals from 2 Real Estate Agencies Short Certificates (5) Beneficiary Notices (4) Checkbook Alma Maskalunas Bank Statements Change Purse Alma Maskalunas Keys to house 740 Carol St & Safe Deposit Box .., . ~ ~r ,.-~~ ~ _ .r- ~ ` . Thank you. Cathy M: Sheriff %~~~ ~ ;. )I fJr.3~iH~ ~.a~ I Sii~; ?fir': , f:;:rr~+~er:.~:rrJ %c;;r~iv ~ ~ ~ ~ ~ ~ ~•. ~ ~ ~ ~ 8a~bara Sumple-Sullivan, Esquire Supreme Court n32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 ESTATE OF ALR~A M.1l~ASKALUTiAS IN THE COURT OF COMR~ON PLEAS CUIvIBERLAND COUNTY, FENNSYLVANIA REGISTER OF SILLS ESTATE No. 2012-00424 I, C~t~Zy Sheriff, have revie~~ed the Motion for Approval of Renunciation of Ehecutrix and Substitution of Alternate I/xecutor and find that i.t is true and correct to the best of my knowledge. Dated.. ~ `~~ ~-~ e ~~~~ ~ ~ Rrl« ~ --.__.__....__. Barbara Sumple-Sullivan, Esquire Supreme Court #2317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 ESTATE OF ALMA M. MASKALUNAS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA REGISTER OF WILLS ESTATE No. 2012-00424 CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of the Motion, in the above-captioned matter upon the following individual(s), by United States first-class mail, postage prepaid, addressed as follows: Mr. Dru Smith Mr. Taylor Smith 203 Byron Avenue 203 Byron Avenue Harrisburg, PA 17109 Harrisburg, PA 17109 Legal Guardian of Monica Lee Sinith Legal Guardi 203 Byron Avenue 203 Byron. Harrisburg, PA 17109 Harrisburg DATE: May 29, 2012 f' ~/ _~ Mr. Nathan Smith 203 Byron Avenue Harrisburg, PA 17109 of Megan Lee Smith enue A ~09 ` Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 1.7070 (717) 774-1445 Supreme Court I.D. 32317