HomeMy WebLinkAbout01-02-14 IN RE: ESTATE OF DOROTHY E. P01�7RANING : ORPHANS' COURT DIVISION
�., �TI-�B(�OUGH OF CARLISLE � COURT OF COMMON PLEAS
- � �'�`� � - : CUMBERLAND COUNTY �
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� � � � � � : PENNSYLVANIA
� �, '`•� � � � .NO.21-13-0672
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� ,���,, .,.�.�� ON FOR SETTLEMENT OF A SMALL ESTATE
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��ND NO`� comes Petitioner, Keith L. Pomrarung, by and through his counsel,
Bradley L. Crriffie, Esquire, and the law firm of Crriffie & Associates, P.C., and petitions
the Court as follows:
l. Your Petitioner is Keith L. Pomraning, an adult individual currently residing at
298 A McCalister Church Road, Carlisle, Cumberland County,Pennsylvania.
2. Your Petitioner is t�ie Executor of the estate of his mother, Dorothy E.
Pomraning,who passed away on March 21,2013.
3. Your Petitioner was appointed as Executor of the estate of Dorothy E.
Pomraning on March 21, 2013.
4. Petitioner is the natural son of the decedent, Dorothy E. Pomraning, and
decedent was also survived by another child,Mary L. Geisweit, of 50 East Water
Street,Middletown,Pennsylvania, 17057.
5. The assets in decedent's possession at the time of her death was limited to an
F&M Trust checking account, number��7120, which was owned jointly with
Petitioner since April 13, 2009; as such, the F&M Trust checking account was
not a probate asset and only had a date of death value of$41.66.
6. The only assets received by the estate after decedent's death was as follows:
(A) Wells Fargo Checking Account $856.66
Account No.�����9781
�
(B) Public School Employees' Retirement System 81.51
(C) 10 Shares of Sysco Corporation Stocks 34.44
TOTAL $1,282.57
7. The estate incurred the following expenses that were funeral expenses or costs of .
administration of the estate:
(A) Egger Funeral Home $3,590.98
(B) Prospect Hill Cemetery(Interment) 1,770.00
(C) Tim Barrick(Music) 50.00
(D) Blue Mountain Blooms(Flowers) 477.00
(E) Judi Crum(Music) 50.00
(F) Cathy Hartsock(Music) 50.00
(G) Big Spring Presbyterian Church 220.00
(Service/Wake)
(H) Bank Fees 35.00
(I) Probate Fees 173.50
(J) Executor's Commission 1,500.00
(K) Attomey's Fees 2,000.00
TOTAL $8,416.48
� 8. In addition,the decedent, at the time of her death,had the following indebtedness
due and owing to the named parties:
(A) Thomwald Home(Fina1 Billing) $4,134.92
(B) Depart�nent of Public Welfare 42,961.61
(Medicaid Claim)
TOTAL $42,961.61
9. As a result of the costs associated with �uneral expenses and administration of
the esta.te, and the debts of the decedent,this is an insolvent estate.
10. A Pennsylvania lnheritance Tax Retum was filed and approved as an insolvent
estate, a copy of said Notice of Inheritance Tax Appraisement, Allowance or
Disallowance of Deductions and Assessment of Tax being attached hereto and
incorporated herein by reference as Exhibit"A".
11. By correspondence of June 19, 2013, your Petitioner and counsel corresponded
with the Third Party Liability Section of the Pennsylvania Department of Public
Welfare, Estate Recovery Program, requesting a statement as to any sums
,
claimed to be due by the Department for benefits provided to the decedent.
12. By correspondence of July 9, 2013, Petitioner's counsel received the Estate
Recovery Statement of Claim, claiming the sum of $36,826.69 due to the
Department of Public Welfare for repayment of Medicaid payments granted on
behalf of the decedent, a copy of said Estate Recovery Statement of Claim being
attached hereto and incorporated herein by reference as Exhibit"B". �
13. By correspondence of September 3,2013 to the Claims Investigation Agent with
tlie Deparkment of Public Welfare, Division of Third Party Liability, Estate
Recovery Section, sent certified mail, a11 information relative to the assets and
debts of the esta.te, along with a copy of the filed Inheritance Tax Return, was
provided to the Department, and request was made for the Deparkment to waive
its claim based upon the insolvency of the estate, a copy of said letter being
attached hereto and incorporated herein as E�iibit"C".
14. The correspondence of September 3, 2013 was received by the Department on
September 5, 2013, as evidenced by the certified mail return receipt card, a copy
of which is attached hereto and incorporated herein by reference as Exhibit"D".
15. As no response was received to the correspondence of September 3, 2013,
correspondence was forwarded to the Claims Investigation Agent, Department of
Public Welfare, Division of Third Party Liability, Estate Recovery Section, on
November 27, 2013, again asking for the Department to waive its claims for
recovery against the estate as this esta.te was insolvent, a copy of correspondence
of November 27, 2013 being attached hereto and incorporated herein by
reference as Exhibit"E".
16. The correspondence of November 27, 2013 to the Department of Public Welfare
was sent by certified mail and received on December 5, 2013, as evidenced by
the certified mail return receipt card which is attached hereto and incorporated
herein by reference as Exhibit"F".
17. To date, a11 costs and fees paid associated with administration of the esta.te as
previously identified have been paid from the non-probate assets, being the
jointly held F&M Trust checking account, the limited refunds received by the
estate after the decedent's death, and Petitioner's and Petitioner's sister's
separate assets.
18. There are no probate assets available to compensate tlie Department of Public
Welfaze relative to its Medicaid Reimbursement Claim.
19. Pursuant to 55 Pa. Code §258.8, your Petitioner, who is personal representative
of the estate, has met his obligation to secure a sta.tement from the Pennsylvania
Department of Public Welfare, provide..a11 necessary documentation for the
DepaTtment to evaluate their claun and the Department has failed to respond,
despite two letters sent by certified mail to the Department, which initial
correspondence has been in the Department's hands for over ninety(90) days.
20. Petitioner proposes that the esta.te be resolved with no additional distributions to
the Pennsylvania Department of Public Welfare relative to its Medicaid
Reunbursement Claun and no distributions to the heirs of the esta.te as this is an
insolvent esta.te.
21. As is his obligation,Petitioner has:
(A) Secured a Statement of Claim from the Department of Public Welfare;
(B) Provided a copy of the within Petition and proposed Order to the
Depar�ment of Public Welfaze, prior to filing, giving notice of the intent
of Petitioner to secure a discharge of the Department of Public Welfare
liability;and
(C) Illustrated, by the within Petition,tha.t there are insufficient assets to pay
the Department's claim.
22. Petitioner is unable to set forth the position of the Department of Public Welfare
due to their failure to respond to prior written correspondence to them as
previously referenced herein.
23. The other natural child of the decedent has been provided with a copy of the
within Petition prior to filing and concurs in the request made herein.
WHEREFORE, Petitioner requests your Honorable Court to enter an Order of Court
and Rule to Show Cause upon the Commonwealth of Pennsylvania,Department of Public
Welfare,to show cause, if any it.has,.as to_why the claim of the Department should not be
discharged due to the insolvency of this estate and why this esta.te should not be settled as
, proposed.
Respectfully submitted,
. e,Esquire
A orney r Petitioner
Supreme Court ID No. 34349
200 North Hanover Street
Carlisle,PA 17013
(717)243-5531
(800) 347-�552
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904,relating to unsworn falsification to auth 'ties.
� � R �. �
DATE: � I
Keith L.�Pomraning
,
IN RE: ESTATE OF DOROTHY E. POMRATIING : ORPHANS' COURT DIVISION
LATE OF THE BOROUGH OF CARLISLE : COURT OF CONIMON PLEAS
: CUMBERLAND COUNTY
: PENNSYLVANIA
:NO. 21-13-0672
CERTIFICATE OF SERVICE
I, Bradley L. Griffie, Esquire hereby certify that I did, the 2nd da.y of January,
2014, cause a copy of the within Petition for Settlement of a Small Esta.te to be served
upon the Respondent, Department of Public Welfare, and upon t11e heir, Mary L.
Geisweit,by first class mail,postage prepaid, at the following addresses:
Department of Public Welfare
Division of Third Party Liability
Estate Recovery Section
PO Box 8486
Hatrisburg,PA 17105
Mary L. Geisweit
50 East Water Street
Middletown,PA 17057
DATE:� H
e,Esquire
or Petitioner
�
NfJTICE OF INHERITANCE TAX �. p�I�I1S�LVan�a
BUREAU OF INDIVIDUAL TAXES APPRAISEMENT, ALLOWANCE OR DISALLOWANCE DEPARTMENTOFREVENUE
INHERITANCE TAX DIVISION OF DEDUCTIONS AND ASS�SSMENT OF TAX
REV-1547 D( AFP C08-13)
PO BOX 280601
FIARRISBURG PA 17128-0601
DATE 11-19-2013
ESTATE OF PUMRANING DOROTHY E
DATE OF DEATH 03-21-2013
FILE NUMBER 21 13-0672
COUNTY CUMBERLAND
GRIFFIE BRADLEY L ACN 101
200 N HANOVER ST APPEAL DATEs. 01-18-2014
CARLISLE PA 17013-2423 (See reverse side under Objectwns)
Aoount Re�itted �
MAKE CHECK PAYABLE AND REMIT PAYMENT T0:
REGISTER OF WILLS
1 COURTHOUSE SQUARE
CARLISLE PA 17013
CUT ALON6 THIS LINE � RETAIN LOWER PORT�ION FOR YOUR RECORDS #-
------------ ---------------
REV-1547 EX AFP C08-1.3� NOTICE OF INHERITANCE TAX APPRA2SEM�NT, ALLOWANCE OR
- � � - DI�ALL�ONFANCE OF DEDUCTIONS �AND A3�E33M�N`T -Of T`AX � - �- `-�
ESTATE OF: POMRANING DORUTHY EFILE N0. :21 13-0672 ACN: 101 DATE: 11-19-2013
TAX RETURN WAS: C X) ACCEPTED AS FILED C ) CHAN6ED
APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN
1. Real Estste CSchedule A) C1) .0 0 NOTE: To ensure proper
2. Stocks ,nd Bonds tSchedule B) C2� 344.4 0 credit to your account,
.0 0 submit #he upper portion
3. Closaly Held Stock/Partnership Interest CSchedule C) C3) of this for� with your
�i. -Mortgages/Notss Receivable CSchedule D) (4) •�0 tax pay�aent.
5. Cash/Bank Deposits/Misc. Personal Property CSchedule E) C5) 9 38.1 7
6. Jointly Owned Property CSchedu].e F) C6� 20:83
7. Transfers CSchedule G) ��� .�00
8. Total Assets (8) ,� 1.303.40
APPROVED :DEDUCTIONS AND EXEMPTIONS:
9. Funeral �Expens�ss/Adm. Costs/Misc. Expenses CSchedule H) �q� 8.41.6.48
10. Debts/Mortgage Liabilities/Liens CSchedule I) � C10) 42,961.61
11. Total Deductions C11� 51,378.09
12. Net Value of Tax Return � . . C12� 50,074.b9-
13. Charitable/6overnmental Bequests; Non-elected 9113 T rusts CSchedule J) C13� .0 0
14. Net Value of Estate Sub3ect to Tax C1�� _ 50,074.69-
NOTE: If an assess�ent was issued previouslY, .Lines 14, 15, 16, 17, 18 and/or .19 will
reflect f3pures that include the total of a11 returns assessed to date.
ASSESSMENT OF TAX: .
15. 'AMOUnt o��=lfTre�-�l�i at sPousal `rate - - . C15) •.0_0 X 0.0 � .0"0
16. Asount of Line 14 taxable at lineal rate C16) -�� x 045 = .00
17. Amount of Line 14 at sibling rate C17) .00 X 12 = .00
18. Amount of Line 14 taxable -et collateral rate C18) .00 X 15 = .00
19. Principal Tax Due C19�= .0 0
TAX CREDITS:
PAYMENT RECEIPT DISCOUNT C+) AMDUNT PAID
DATE NUMBER INTEREST/PEN PAID C-)
TOTAL TAX PAYMENT .00
BALANCE OF TAX DUE .00
INTEREST AND PEN. .00
EXhl.bit ��A" 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 FOR INSTRUCTIONS.
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July 9, 2013
KEITH L POMRANING
298 A MCCALISTER CHURCH ROAD
CARLIST'LE PA 17015
Re: Dorothy Pomraning
CIS #: 590219252
SSN: ###-##-2497
Date of Death: 03/21/20i3
ESTATE RECOVERY STATEMENT OF CLAIM
Dear Mr. Pomraning:
Under State and Federal law, the Department of Public Welfare (the Department) is
required to recover medical assistance (MA) reimbursement from the probate estates of
deceased individuais who were over age 55 when such assistance was received. 42 U.S.C.
�1396p(b)(1). 62 P.S. § �.4i2. This letter sets forth the amount of the Department's claim
against the estate of the above referenced individuai and explains the obligations of
executors, administrators, and persons receiving estate property. �
Although the-amount in the estate may be considerably less than that which
is owed to the Department, our claim is against�the estate, no one else.
Statement of Claim Amount
The Department maintains a claim in the amount of�36.826.69 against the
above-mentioned estate. This claim is for repayment of MA granted on behaif of the
decedent. Enclosed is the Department's itemized statement of ciaim.
A portion of this medical expense, namely $.00, was incurred during the last six
months of the decedent's life; therefore, it is a Class 3 claim pursuant to Section 3392 of the
Decedents, Estates, and Fiduciaries Code, 20 Pa. C.S.A. 3392(3). The balance of the claim,
namely�36.826.69, is to be entered as a priority Class 5.1 claim against the estate. You
should refer to Section 3392 for a more complete expianation of the priority rules.
If a lawsuit is filed for injuries sustained by the decedent priorto death, then the
Department may also have a lien against the personai injury action. A statement of claim
for that injury-related lien must be requested separately.
Bureau of Program Integrity � Division of Third Party Liability� Recovery Section
PO Box 8486 �Harrisburg,Pennsylvanfa 17105-8486 E��17.}Jlt ��8��
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Your Responsibility to Provide Information to the Department
Please acknowledge receipt of this letter and advise whether the Department's claim
is admitted and when payment may be expected. When the estate accounting is complete,
please provide a copy.
The Department audits all estate recovery cla�ms and therefore we require
documentation to substantiate all deductions from the gross estate. The regulafiions
governing howthe Department computes its estate recovery claim are found in 55 Pa. Code
Chapter 258. These regulations are readily availabie on the Internet, in addition to being
carried in most local law libraries.
In order to document computation of the amount due the Department, the following
items should be submitted to the address below:
1. Fo r rea I estate:
a. Copy of the deed
b. Copy of the latest tax assessment
c. Copy of a current appraisal, if availabie
2. Copy of the funeral bill
3. Copy of the statement of the burial account if one existed
4. Copy of the statement of the personai care account balance at date of death, if the
decedent was in a nursing home
5. Copies of original and updated life insurance policy forms naming bene�ciaries
6. Copies of any and all stocks and bonds
7. Copies of bank statements showing balances on the date of death
8. Copies of signature cards or other proof of when accounts were made joint
9. A list of any gifts or other transfers for less than fair market value made by the
decedent (personally or under a power of attorney)
Your Responsibilities to the Department
lJnder State law, executors or administrators may be personally liabie to pay the
Department's estate recovery claim if they transfer estate property without the
Department`s claim being paid. Persons who receive that property without paying valuable
and adequate consideration to the estate may also be personally liable. The responsibilities
of the primary next of kin/administrator/executor, is to advise the Department of any assets
in the estate and to ensure that the remaining money, after all funeral and administrative
costs are deducted, is sent to the Department. Accordingly, you must ensure the
Department's claim is satisfied before making distribution of assets to heirs.
Bureau of Program Integrity � Division of Third Party Uability) Recovery Sectfon
�`,� PO Box 8486 � Harrisburg,Pennsyivania 17105-8486
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Insolvent Estates and the Fiduciary Responsibility to Creditors
If there are not enough estate assets to pay the claims of all creditors in full, then
the executor or administrator has a duty to act in the best interest of creditors when
administering the estate. If you must spend the estate's money to administer it, you must
act prudently and make purchases as if the money were coming out af your own pocket.
The Department's approval is required if you expect the legal fees to exceed more than the
g�g„�of 6% of the estate assets or$1,000. Contingent fees for estate administration wiil
generally not be approved. If you do not obtain approval, the Department may consider the
excessive fees to be a transfer for less than valuable and adequate consideration.
Sincerely,
Katie J. East
TPL Program Investigator
717-772-6713
7i7-772-6553 FAX
Enclosure
Bureau of Program Integrity� Division of Third Party Uability � Recovery Section
PO Box 8486 � Harrisburg,Pennsyivania 17105-8486
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Attorneys and Counselors at Law
200 Nort6 Hanovcr Strect
Bradley.L.Gri�ie,Esguire Carliusle,PA 17013
Hannah Herman»Snyder,Esquire (717)?A3-555X
100 Lincoin Way F.ASt,Suite D
Robin J.Bassott t�. � ��:�, Chambersburg,PA I7201
Office Matia er � �"��. : (727)267-1350
g :�F.. �..�,�,
Keliy L.Perez (800)347-5SS2
Legal Assistant Fax(?17)243-5063
September 3, 2013
Reply to:Carl�sle
Ka.tie J.East
TPL Progrann Investigator
Bureau of Program Integrity
Division of Third Party Liability �
PO Box 8486
Harrisburg,PA 17105-8486
CERTIFIED MAIL
RE: Dorothy Pomrani.ng
CIS#: 590219252
SSN: XX��-XX-2497
• Date of Death: 3/21/2013
, De�r Ms.East:
Please be advisecl that I am attorney for the estate of Dorothy Pomraning. Based
upon correspondence da.ted July 9, 2013, forwarded to Mr. Keith L. Pomraning, who is
the Adminis�rator of the esta.te, the Department has a claim for $36,826.69. I am
� enclosing a copy of the three-page Estate Recovery Statement of Claim that you
• forwarded to Mr.Pomraning.
.�
This is a severely insolvent esta.te. I am enclosing a photocopy of the
Pennsylvania lnheritance T� Return (REV-1500) that we are filing in this esta.te
evidencing the fact that the assets total $1,303.40 and the funeral bill alone was more
than twice this amount. Mr. Pomraning and his sister paid all of tlie fees referenced on
this Inheritance Tax Return from their own separate funds.
We ask that you review the Return and confirm for us that the Department will
waive its recovery claun in this matter based upon the insolvency of the estate.
If you need additional documentation or information from me,please feel free to
conta.Et me-and-we will_see that documentation is provided. �
Exhibit "C"
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Your attention in this regard is appreciated.
ve�y�y yo�s,
Bradley L. Griffie
BLG/rjb
Enclosure
Cc: Keith L.Pomraning,Adminis�ratar
1�Iary L. Geisweit
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Attorneys and Coun,selors at Law
200 North Hanover 3treet
Bradley L. Griffie,Esquure � � Carlisle,PA 17013
Hannah Herman-Snyder,Esguire '`�'` (717)�3-5551
100 Lincoln Way F�tst,Suite D
Robin J.Ba�sctt .��,��,: .- �'�:; x.. Chambcrsburg,PA 17z01
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Office Manager " ° ��:r� ' (717)267-I3S0
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Kell L.Perez � . `��
Y (800)3�7-5552
I.,e���t Nove , _7,2013 Fax��x��Za3-so6s
Reply to:Carl�sle
CERTIF� MAII,
Ka.tie J.East .
TPL Program Investigator �
Bureau of Pxogram Integrity
Division of Third Party Liability
POB ox 8486
Harrisburg,PA 17105-8486
RE: Dorothy Pomraning
CIS#: 590219252
SSN: ��-XX-2497
Date of Death: 3/21/2013
Dear Ms. East:
Enclosed herein please find a copy of correspondence I forwarded to you on
September 3, 2013. We have not received a response to this correspondence. We have
received approval from the Department of Revenue on our Inheritance Tax Return, so we
are ready to move forward to finalize this estate. If we cannot receive a response from
you, we will file a Petition for Settlement of a Small Estate providing a Rule to Show
Cause to you.
Your immediate attention would be appreciated.
Very truly yours,
Bradley L. Griffie
BLG/rjb
Enclosure
Cc: Keith L.Pomraning, A.d�nunistrator
Mary L. Geisweit
Exhibit '�E�� -
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