HomeMy WebLinkAbout09-24-12IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: ) ORPHANS' COURT DIVISIONn ~ ~ -~~
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Estate of Hazel R. Calhoun, No. 21-11-0573 -~ _, _~
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PETITION TO REOPEN ESTATE --+ •- ~.~ ~
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AND NOW, comes the Executrix/Executor, Karen L. Moyer and Terry E. Calhoun, by and
through their attorneys, Pion Johnston, P.C., and Angela R. Winslow, Esquire ar~d files the within
Petition to Reopen Estate, averring in support thereof as follows:
1. The decedent, Hazel R. Calhoun died on March 31, 2011.
2. The original Petition for Probate was previously filed with this Court on or about
May 13, 2011,
3. At that time, this Court granted Certificate of Letters Testamentary to Karen L.
IVioyer as Executrix, and Terry Calhoun as Executor. See, Certificate of Grant of Letters, May 13,
2011, attached hereto as Exhibit "A".
4. Ms. Moyer and Mr. Calhoun are the children of the decedent, Hazel R. Calhoun..
5. There are no additional beneficiaries in this Estate.
6. The Will and Last Testament of Hazel R. Calhoun dated May 31, 2005, granted the
entirety of the Estate, 50% to Karen L. Moyer and 50% to Terry E. Calhoun.
7. This Estate was completely administered with the filing of the Receipt, Release and
Indemnity Agreement on July 2, 2012. See, Receipt, Release and Indemnity Agreement, July 2,
2012, attached hereto as Exhibit "B". ,
8. The Final Status Report was filed on June 22, 2012 completing the Estate
Administration. See, Final Status Report, attached hereto as Exhibit "C`.
9. On or about September 5, 2012, the beneficiaries received notification from New
York Life Insurance Company of additional funds from an annuity previously held by their
Father, Ferman R. Calhoun in the amount of $19,781.66. See, Correspondence from Garcelle
Le~Nis, Senior Service Associate, September 5, 2012, attached hereto as Exhibit "D".
10, The Personal Representatives had no notice or knowledge of the Bands during the
Administration of the Estate.
11. It is necessary to reopen the Estate as the newly discovered asset requires
administration.
12. The prior Executor and Executrix now come before this Court requesting that the
Estate be reopened and that they again be appointed as personal representatives
WHEREFORE, the Petitioners, Executrix, Karen L. Moyer, and Executor, -ferry Calhoun
respectfully requests that this Honorable Court reopen the Estate for the administration of the
newly discovered asset with appointment as Personal Representatives
Respectfully submitted,
PION JOHNSTON NERONE GIRMAN
CLEMENTS & SMITH, P.C.
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By _~ v
Ang a R. Winslow, Esquire
Attorneys for Petitioners,
Executrix, Karen i. Moyer
Executor, Terry Calhoun
Exhibit "A"
REGISTER OF WILLS
CUMBERLAND COUNTY
PENNSYLVANIA
No . 20 ~ 1- 00573
Estate Of : HAZEL R CALHOUN
CERTIFICATE OF
GRANT OF LETTERS
PA No. 21- 11- 0573
(First, Midd/e, Lastl
Late Of : LOWER ALLEN TOWNSHIP
CUMBERLAND COUNTY
Deceased
Social Security No : 170-12-9839
WHEREAS, on the 13th day of May 2011 an instrument dated
May 31st 2005 was admitted to probate as the last will cf
HAZEL R CALHOUN
/First, Middle, Lasrl
late of LOWER ALLEN TOWNSH/P, CUMBERLAND County,
who died on the 31st day of March 2011 and,
WHEREAS, a true copy of the will as probated is annexed hereto.
THEREFORE, I, GLENDA EARNER STRASBAUGH Register of Wi 11 s in an_d
for CL~'1BERLAND County, in the Commonwealth of Pennsylvania, hereby
certify that I have this day granted Letters TESTAMENTARY to:
KAREN L MOYER and TERRY E CALHOUN
who have duly qualified as EXECUTOR(R/X)
and have agreed to administer the estate according to law, all of which
fully appears of record in my office a t CUMBERLAND COUNTY COURT HOUSE,
CARL/SLE, PENNSYL VANIA.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal
of my office on the 13th day of May 201 ~.
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**NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)
LAST WILL AND TESTAMENT
OF
HAZEL R. CALHOUN
I, HAZEL R. CALHOUN, now domiciled in Perry County, Pennsylvania, declare this to
be my Last Will and Testament. I revoke all other wills and codicils that I may have previously
made,
Arti~la T
My just debts and expenses of my last illness, funeral, and administration of my estate
shall be paid by my Executor from the principal of my residuary estate as soon as practicable
after my death.
Article II
All inheritance, estate, and succession taxes (including interest and penalties thereon, but
not including any generation skipping tax) payable by reason of my death shall be paid out of
and be charged generally against the principal of my residuary estate without reimbursement
from any person. This provision is not a waiver of any right which my Executor has to claim
reimbursement for any such taxes which become payable as the result of any property over
which I have the power of appointment.
Article III
I give, devise and bequeath my tangible personal property to my husband, FERIVIAN R.
CALHOUN. In the event FERMAN R. CALHOUN predeceases me or fails to survive me by
thirty (30) days, then I give, devise and bequeath my tangible personal property in accordance
with any memorandum I have handwritten or signed, located with my will or with my valuable
papers and found within 30 days of the probate of my will. Gifts may only he to persons who
survive me or to organizations which exist at my death, and if there is a conflict, the
memorandum having the latest date shall govern. To the extent no such memorandum is found,
or all of my tangible personal property is not disposed of pursuant thereto, my tangible personal
property shall be added to my residuary estate and pass under Article IV hereof.
Article IV
All the rest, residue and remainder of my estate, of whatsoever nature and wheresoever
situate, I give, devise and bequeath to my husband, FERMAN R. CALHOUN, of Perry County,
Pennsylvania.
In the event FERMAN R. CALHOUN predeceases me or fails to survive me by thirty
(30) days, then I give, devise and bequeath all the rest, residue and remainder of my estate, of
whatsoever nature and wheresoever situate IN EQUAL SHARES to my children: TERRY E.
CALHOUN and KAREN L. MOYER. However, if a beneficiary does not survive me by thirty
(30) days, but leaves descendants who survive me by thirty (30) days, those descendants shall
receive, per stirpes, the share the beneficiary would have received had he or she survived me by
thirty (30) days.
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Article V
I nominate, constitute and appoint my husband, FERMAN R. CALIIOUN, as Executor
of my Last Will and Testament. In the event of the renunciation, death, or inability to act, for
any reason whatsoever of my Executor, I nominate, constitute and appoint my children:
TERRY E. CALHOUN and KAREN L. MOVER, as successor Co-Executors of my Last Will
and Testament. I direct that my Executor or successor Co-Executors be permitted to serve
without bond. In addition to those powers granted by law, I grant them power to distribute in
cash or in kind, in like or in unlike shares, and to file any qualified disclaimer I could have filed
if living. My Executor or successor Co-Executors shall receive reasonable compensation for
services rendered to my estate.
Article VI
In addition to the powers conferred by law, I authorize my Executor or successor Co-
Executors, in his/her absolute discretion:
(a) to retain in the form received and to sell either at public or private sale, any real
estate or personal property except that which I specifically bequeath herein,
(b) to manage real estate,
(c) to invest and reinvest in all forms of property without being confined to legal
investments, and without regard to the principal of diversification,
(d) to exercise any option or right arising from the ownership of investments,
(e) to compromise claims without court approval and without consent of any
beneficiary,
(f) to file any federal income tax return for any year for which I have not filed such
return prior to my death,
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(g) to make distributions in cash or in kind, or in both, and to determine the value of
any such property,
(h) to employ any attorney, investment advisor, or other agent deemed necessary by
my Executor; and to pay from my estate reasonable compensation for all their services,
(i) to conduct alone or with others, any business in which I am engaged in, or have
an interest in at time of my death, and
(j) to receive reasonable compensation in accordance with their standard schedule of
fees in effect while their services are performed.
IN WITNESS WHEREOF, I, HAZEL R. CALHOU~1, hereby set my hand to this my
Last Will and Testament, on - J~,'3 t ~D ~ , 2005, at Harrisburg, Pennsylvania.
HAZEL R. CALHOUIeT
In our presence, the above-named HAZEL R. CALHOUN signed this and declared this
to be her Last Will and Testament and now at her request, in her presence, and in the presence of
Address
2000 Lin~lestown Rd., Suite 202, Harrisburg, PA 17110
2000 Lin~lestown Rd., Suite 202, Harrisburg, PA 17110
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each other, we sign as witnesses.
I, HAZEL R. CALHOUN, Testatrix, who signed the foregoing instrument, having been
duly qualified according to law, acknowledge that I signed and executed this instrument as my
Will, and that I signed it willingly as my free and voluntary act for the purposes therein
expressed.
Sworn to or affirmed and
Acknowledged before me by
HAZEL,.~2. CALHOUN, the Testatrix
on _ /~~~.~ ~'~/ , 2005.
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No~ta y Pu lic
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HAZE ~ R. CAL
HOUN
COMMONWEALTH OF PEM+ISYLVANIA
fdotarial Seal
Je4a C. Combs, Idotery 8~ub6c
Susquehanna Ywp., Cauphin Couniy
My Comrvt(gs(on Exp(res Oct. 21, 2001;
We, the undersigned witnesses who signed the foregoing instrument, being duly qualified
according to law, depose and say that we were present and saw the Testatrix sign and execute
this instrument as her Will; that she signed and executed it willingly as her free and voluntary act
for the purposes therein expressed; that each of us in her sight and hearing signed the Will as
witnesses, and that to the best of our knowledge, that she was at that time eighteen (18) years or
more of age, of sound mind, and under no constraint or undue influence.
Sworn to or affirmed and
Subscribed to before me
by ,l~f ~ rv~ G~) _ .SYI ~ ~~2
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witnesses, on ,~ ,3 ~ , 2005.
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Exhibit "B"
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III TIIE COURT OF COMMOI~1 PLEAS OF CUMBERLAI®TD COI~~'~', ~'- _-
PEI~tl~SYLVANIA D ~{~' ~:. `~; rJ
®i6i 11A1V~.79 ~®V%iT DI V I~7I®1~!
IN RF:: ESTATE OF HAZEL R. CALHOUN,
Deceased.
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No. 21-11-0573
Cumberland County No,: 20 i-v051
RE~'>EIPT, RELEASE, AID I~iDEMl~IF'ICATI®I~ AGREEIYIIFI~T
WHEREAS, HAZEL R. CALHOUN died testate on Mach 31, 2011; a copy of her
Last Will and Testament being of record in the Register of Wills Office of Cumberland Coi.rnty,
Pennsylvania; and
WHEREAS, Letters of Testamentary were granted on May 13, 2011 by the Register of
Wills of Cumberland County, Pennsylvania to KAREN L. MOYER and TERRY E. CALHOL.mT,
who are now acting in said capacity; and
WHEREAS, the decedent, Hazel R. Calhoun, in her Last Will and Testament dated Mav
31.2005. devised and bequeathed her entire estate as follows:
Terry E. Calhoun 50
Karen L. Moyer 50
WHEREAS, the remaining assets in the estate after all debts and expenses have beets paid
will be distributed equally between Terry E. Calhoun and Karen L. Moyer; and
WHEREAS, the granting of Letters Testamentary was published in th~U; Carlisle Sentinel
and Cumberland Law Review; and
WHEREAS, an original Pennsylvania Inheritance Tax Return for a Resident Decedent
was tiled with the Register of Wills Office, Cumberland County, Pennsylvania on October 31,
2011; and
WHEREAS, a Notice of Inheritance Tax Appraisement; Allowance or Disallowance of
Deductions and Assessment of Tax dated April 23, 2012, was received accepting the retur-~l as
filed with no additional tax due in this matter; and
WHEREAS, an Inventory was filed for the Estate of Hazel R. Calhoun on September 12,
201 1_ ; and
WHEREAS; the Executrix and Executor have affirmed that they have no knowledge of
any assets or liabilities of the Estate of HAZEL R. CALHOUN, Deceased; not previously
reported; and
WHEREAS, the parties hereto desire that the Executrix and. Executor shall not be
required to file a First and Final Account with the Court of Common Pleas of Cumberland
County, Pennsylvania, Orphans' Court Division, and no final audit is required.
NOW, THEREFORE, the parties hereto, intending to be legally bound hereby, mutually
agrc;e as follows:
1. The Parties agree and acknowledge that they have fully and carefully examined
the records of the Executrix and Executor of the estate and find them to bc; true, correct and
acceptable to the parties hereto. The parties further acknowledge that they have received a copy
of the Will and Notice of Inheritance Tax, Appraisement, Allowance or Disallowance of
Deductions and Assessment of Tax.
2. The parties do hereby release, remise and forever disc--barge the Estate of H~3Zl~L
R. CALHOUN, Deceased, and the Executrix and Executor of and from ali manner of acts, suits;
claims, accounts, accountings, debts, dues and demands whatsoever which they or any of their
legal representatives or assigns or heirs may at any time hereafter have against said Executrix
and Executor, the Estate of HAZEL R. CALHOLTN, Deceased, or the assets thereof from, for or
concerning any of the assets and property of the estate and/or claim or interest thereto or therein,
and the administration, management, collection, sale or distribution of any of the said assets and
for or on account of any money, interest, income, assets or proceeds out of the same, from the
time of the death of said decedent to and including the date of this Receipt; Release and
Indemnification Agreement.
;. This instrument is a fiill and final receipt, release and indemnification agreement
by the parties hereto, both fiduciary and individual, the same having been arrived at, concluded
and executed after full and complete disclosure of the assets of the said estate and the rights of
the parties, and the parties hereto agree to abide by the terms of this Agreement.
~. The parties agree, and each will at all times in the firture and whenever necessary,
appropriate or convenient, make, execute and deliver to the said Executrix and Executor and/or
to th~~ other parties or to other persons as may be required any and all instruments, documents,
conveyances, deeds, releases or other instruments of any kind necessary or convenient to carry
out the intentions of this Agreement and/or to permit, assist and enable the said Executrix and
Executor to fulfill their duties with reference to this estate and all of the assets thereof.
6. This Agreement constitutes the entire understanding among the parties hereto and
they acknowledge that no representations or statements of any kind, written or oral. have been
made to them prior hereto by the Executrix and/or Executor or by any other person or party upon
their behalf.
7. This Agreement shall inure to the benefit of and shall be bindings upon the parties
hereto, and each of them, their heirs, executors, administrators, successors and assigns.
IN WITNESS WHEREOF, the Executrix and Executor and all beneficiaries of the
remaining assets of the estate have hereunto set their hands and seals on the day and year set
forth below.
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Date:
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t ~~~`_.~_ ~ ~-. ~ i ._h =`~>'_ --- _(SEAL)
Karen L. Moyer, Executrix
of the Estate of HAZEL R. CALHOUN
Karen L. Moyer, Individually
Terry E. C un, Executor
of the Estate f HAZEL R, CALHOtJN
Date: _ __ ---(SEAL)
erry . Calhoui, Individually
VERIFICATION
I, KAREN L. MOYER, individually and as Executrix of the Estate of HAZEL R.
CALHOLTN, Deceased, have read the foregoing Receipt, Release and Indemnification
Agreement. The statements therein are correct to the best of my personal knowledge or
information and belief.
This statement and verification is made subject to the penalties of 18 Pa. C.S.A. § 4)04
relating to unsworn falsification to authorities, which provides that if I make knowingly false
statements, I may be subject to criminal penalties.
Dated:
Karen L': Moyer
EX~'llblt "C"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
~ ~: ) ORPHANS' COURT DIVISION
Estate of Hanel ~. Calhoun, ) No. 21-11-0573
I-eceased. ) Cumberland County I`to.: X011-0073
FII~lAI, S'~ATUS I2EP®l~T Ul~TDEI~ 12iTI,E 6.12
Name of Decedent: Hazel R. Calhoun
Date of Death: March 31 2011
Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following
with respect to the completion of the administration of the above-captioned estate:
:. State v~hether administration of the estate is complete:
Yes X No _
2. If the answer is No, state when the personal representative reasonably believes that
the administration will be completed:
3. If the answer to No. 1 is Yes, state the following:
a. Did the personal representative file a formal account with the court?
Yes X 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 receipt, releases, joinders and approvals of formal or informal
accounts may be filed with the Cler~d~ Orphans' Court and maybe attached
to this report. See attached. ;a ~ f ~ ~ f ~^~ ~~
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Date:
~Ange R. Winslow, Esquire
Pion Johnston Nerone Gii7nan Clements &
Smith, P.C.
~ 1500 One Gateway Center
~~ `~ ~ Pittsburgh, Pennsylvania 1 X222
`-`' - ~ ~ -- (412) 281-2288
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.~ Counsel for Personal Representatives
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Exhibit "D"
September 5, 2012
Angela Winslow
Pion, Johnston, Nerone, Girman, Clements & Smith, P.C.
1500 One Gateway Center
Pittsburgh, PA 15222
Policy: 75611389
Decedent: Hazel Calhoun
Dear Angela Winslow:
winner of the
Dalbar Service .Award
from 2000-2010
We have received request for information on the above referenced policy. Please find the
information requested below.
ANNUITY
SERVICE AWARD
zote
Value of funds on deposit with New York Life Insurance Company is $19,78].66.
These funds represent missed payments between 2009 and 201 ],and are payable to the Estate
Hazel R. Calhoun. of
If you have any further questions, our Client Services Representatives are available Monda
through Friday from 8:30 a.m. to 5:30 p.m. Eastern Time at 1-800-762-6212. y
Sincerely,
Garcelle Lewis
Senior Service Associate
New York Life Annuity Service Center. P.p. Box 9859 . Providence, RI 02940. 1-800-762-6212
Annuities are issued by New York Life Insurance and Annuity Corporation (NYLIAC) (A Delaware Corporation;
Variable annuities are distributed by: NYLIFE Distributors LLC, Member FINRA/SIPC
NYLIAC and NYLIFE Distributors LLC are wholly owned subsidiaries of New York Life Insurance Company
51 Madison Ave, New York, NY 10010
VERIFICATION
I, Terry E. Calhoun, have read the foregoing Petition to Reopen Estate. The statements
therein are correct to the best of my personal knowledge, information and belief.
This statement and verification is made subject to the penalties of 18 Pa. C.S.A. § 4909,
relating to unsvv~rn fabrication to authorities, which provides that if I make knowingly false
statements I may be subject to criminal penalties.
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Dated: ~-~ t
Terry E. Ca oun
VERIFICATION
I, Karen L. Moyer, have read the foregoing Petition to Reopen Estate. The statements
therein are correct to the best of my personal knowledge, information and belief.
This statement and verification is made subject to the penalties of 18 Pa. C.S.A. § 4909,
relating to unsworn fabrication to authorities, which provides that if I make knowingly false
statements I may be subject to criminal penalties.
Dated: ,~ /~ '
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Ka L. Moyer