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Home My WebLink About05-13-14 R4YLEY& MANGAN Mark F.Bayley,Esquire z Attorney I.D. #: 87663 17 West South Street x>• i}C Carlisle,PA 17013 (717)241-2446r- _,j: IN RE: : IN THE COURT OF COMMON PLEAS OIV Estate of Judith A. Godfrey : CUMBERLAND COUNTY, PENNSYLVANIA NO. 21-13-0710 : ORPHANS' COURT DIVISON PETITION TO COMPEL INVENTORY AND ACCOUNTING AND NOW, comes Richard Godfi-ey by and through his attorney,Mark F. Bayley, and in support of the within petition avers as follows: 1. The Decedent involved with the above captioned matter is Judith A. Godfrey who died testate on June 19, 2013. 2. The Petitioner is Richard Godfrey who is an adult individual currently residing at 26910 White Plains Way, Leesburg, Florida, 34748; the Petitioner is the Decedent's son. 1 The Respondent is Debra J. Maugans who is an adult individual currently residing at 28 Brentwood Road, Camp Hill, Pennsylvania, 17011;the Respondent is the Decedent's daughter. 4. The Decedent in her Will at"Part 6" appointed the Respondent to serve as Executrix of her Estate. (A copy of said Will is attached as "Exhibit A"). 5. The Decedent in her Will at "Part 5" specifically devised her"dwelling at 28 Brentwood Road, Camp Hill"to the Respondent. b. The Decedent in her Will at "Part 5" left the residuary of her Estate in equal shares to the Petitioner and Respondent. 7. On June 25, 2013 Letters Testamentary were granted to the Respondent. 8. In or around July of 2013 the Petitioner learned that the Respondent had distributed certain assets of the Estate including cash and items of personal property to non-beneficiaries. 9. On July 22, 2013 undersigned counsel forwarded a letter to the Respondent on the Petitioner's behalf indicating that the Petitioner was not in agreement to distributions until the time he was provided a complete inventory and proposed plan for distribution in the form of a family settlement proposal; the Respondent was also requested to provide a detailed inventory of all estate property that had already been distributed to herself or any third party. (A copy of said Ietter is attached as "Exhibit B"). 10. On July 23, 2013 undersigned counsel forwarded a letter to the Respondent on Petitioner's behalf requesting an inventory of all estate assets and liabilities. (A copy of said letter is attached as "Exhibit C"). 11. Undersigned counsel thereafter received two letters from the Respondent,both dated July 27, 2013, in which she denied making distributions and implied that an inventory would not be soon forthcoming. (Copies of said letters are attached as "Exhibit D" and "Exhibit E"). 12. On August 22, 2013 undersigned counsel forwarded to the Respondent notice of the Petitioner's request for the filing of an inventory within 30 days pursuant to 20 Pa.C..S. . § 3301(c). (A copy of said letter is attached as "Exhibit F"). 11 Undersigned counsel subsequently received a letter dated September 12, 2013 from the Respondent that contained a tax document titled "Schedule E" that listed five items of cash and personal property with estimated values totaling $67,021. (A copy of said letter and the attachment is attached as"Exhibit G"). 14. The Respondent has failed to date to file a verified inventory pursuant to Section 3301(c) of the probate, estates and fiduciaries code. 15. Petitioner received a phone call from Respondent on or around February 12, 2014 essentially indicating that he would at some point receive four or five thousand dollars and some porcelain figurines in relation to his final distribution; he has since not beard or received anything from the Respondent. 16. Respondent filed of record a Pennsylvania Inheritance Tax Return on March 5, 2014. 17. "Schedule E"of said return (attached as "Exhibit H")omits $8,077.93 worth of assets that were set forth on the same "Schedule E" document that was previously provided to undersigned counsel in September of 2013 as set forth above. 18. The Respondent included an Integrity Bank account statement with the Tax Return that shows the balance of the Estate bank account at$6,190.21 on December 31, 2013 (attached as "Exhibit I"); said balance appears to be lower than it should be based upon figures reported on the Tax Return; said balance suggests that the Respondent has taken distribution(s) without agreement from both beneficiaries or other authority. 19. The October 31, 2013 Integrity Bank account statement indicates that airline tickets to Las Vegas were purchased out of the Estate's account on October 18, 2013 for$539.20 as well as other expenses not relating to the Estate, many of the statements with regard to the Estate bank account were not includcd with the Tax Return and will undoubtedly show additional personal purchases by Respondent. 20. The Respondent appears to have awarded herself an excessive commission of $10,168 based upon "Schedule H" of the Tax Return which she has already distributed to herself and in "Schedule J" lists herself as receiving a 96.5% share of the Estate and the Petitioner as receiving a 3.5%share of the Estate. 21. The Tax Return lacks documentation to support the propriety of some of the significant reported expenses. 22. The Tax Return lacks adequate documentation to support the full value of the Estate's assets. 23. The Estate appears to be simple in nature and undersigned counsel is unaware of any reasons for the delay in its disposition. 24. It appearing that the resid'uaI estate is worth at very least$67,021 and without the benefit of proper inventory and accounting Respondent's statement regarding Petitioner's final distribution gives him reasonable cause for concern. 25. The Respondent's handling of the Estate Tax Return gives him reasonable cause for concern. 26. The Petitioner fears that the Respondent has not properly advertised the Estate or provided necessary notice to the Pennsylvania Department of Welfare. 27. The Petitioner fears that the Respondent is unwilling or unable to properly administrate the Estate. 28. The Petitioner fears that the Respondent intends to simply distribute assets as she desires without written agreement between the beneficiaries or Order of Court, and that she has already done so. 29. A personal representative may be cited to file an account at anytime by the Court. See 20 Pa.C.S. § 3501.1. 30. The Respondent is unrepresented and it is presumed that she objects to the relief requested herein. WHEREFORE, the Petitioner requests that a Citation be issued upon the Respondent to show cause why she should not be directed to file an inventory and accounting and that Respondent be enjoined from distributing assets of the Estate without proper written agreement between both beneficiaries or further Order of Court. Respectfully submitted, / BAYLEY & NGAN 3 , ( � I �—I L Mark F. Bayley, Es uire Bayley& Mangan 17 West South Street Carlisle,PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 WL dl saarta is lx 9a. ?. _`4�2- 8 Zo�K fty %N c' I[of Judith A.Godfrec Part 1. Personal information I,Judith A.Godfrev. a resident of the State of Pennsylvania.Cumberlan`d�' aunty, deelarg rn that this is my will. _U —", °_ D r" r r:i v rl Part 2.Revocation of Previous Wills z u �' o I revoke all wills and codigils that 1 have previously made To °�-� -n " rn c Part 3.Children o -4 ~ `� 0:0 o > -r I have the following children now living:Debra J.Maugans and Richard A.Godfrey,Sr. Part 4.Grandchildren I have the following grandchildren now living: Shawn D.Malvin,Derek K Maugans, Jetrod M. Maugans, Adam S.Mangan,Amanda Marquis,Tiffini M.Howell, William G. Godfrey,Richard A. Godfrey,Jr.and Allison Godfrey. Part S.Disposition of Property A beneficiary must survive me for at least 45 days to receive property under this will. As used in this will,the phrase"survive me"mean to be alive or in existence as an organization on the 45th day after my death. If I leave property to be shared by two or more beneficiaries,and any of them does not survive me,I leave his or her share to the others equally unless this will provides otherwise. My residuary estate is all property I own at my death that is subject to this will that does not pass under a general or specific bequest, including all failed or lapsed bequests. I leave my dwelling at 28 Brentwood Road,Camp Hill,PA 17011 to Debra J.Maugans,If Debra J. Maugans does not survive me,I leave this property to Randal Scott Maugans. I leave my residuary estate to my children Debra J. Maugans and Richard A.Godfrey, Sr. in equal shares.If Debra J.Maugans does not survive me,I leave her share of my residuary estate to Shawn D.Malvin,Derek R.Maugans,Jerrod M.Maugans and Adam S.Maugans in equal shares.If Richard A. Godfrey, Sr.does not survive me,I Ieave his share of my residuary estate to Amanda Marquis, William C. Godfrey,Richard A. Godfrey,Jr.,Tiffin M.Howell and Allison Godfrey in equal shares. All personal and real property that I leave in this will shall pass subject to any encumbrances or liens placed on the property as security for the repayment of a loan or Page t of 4 Initials: +.rL. _ Date:�3 EXHIBIT J A Him A.1 Part 6.Execaftr I name Debra L iangens to sen-e as ran-execwor. No executor shall be required to post bond. a CCLLt4 3 rowers f I direct my executor to take all actions legally permissible to have the probate of my will done as simply and as free of court supervision as possible under the laws of the state having jurisdiction over this will, including fling a petition in the appropriate court for the independent administration of my estate. I grant to my executor the following powers,to be exercised as she deems to be in the best interests of my estate: I. To retain property without liability for loss or depreciation. 2. To dispose ofproperty by public or private sale,or exchange,or otherwise,and receive and administer the proceeds as a part of my estate. 3. To vote stock;to exercise any option or privilege to convert bonds,notes,stocks or other securities belonging to my estate into other bonds,notes,stocks or other securities;and to exercise all other rights and privileges of a person owning similar property. 4. To lease any real property in my estate. 5. To abandon,adjust,arbitrate,compromise,sue on or defend and otherwise deal with and settle claims in favor of or against my estate. 6, To continue or participate in any business which is a part of my estate,and to incorporate,dissolve or otherwise change the form of organization of the business. These powers,authority and discretion are intended to be in addition to the powers, authority and discretion vested in her by operation of law by virtue of her office,and may be exercised as often as is deemed necessary or advisable,without application to or approval by any court. Part 8.Payment of Debts Except for liens and encumbrances placed on property as security for the repayment of a Page 2ot'4Initiats: tc zoo&-,c ca_ Part 9. Pat-inew of Taxes I direct that all eswe u~ees assessed aga ' propert; in m�N e or agamst MN beneficiaries be paid using the folloikiing assets in the order listed: my savings account at M -n a- a- Union. - UM y Part 18.No-Contest Provision If any beneficiary under this will contests this will or any of its provisions,any share or interest in my estate given to the contesting beneficiary under this will is revoked and shall be disposed of as if that contesting beneficiary had not survived me. Part 11.Severability If a court invalidates any provision of this will,that shall not affect other provisions that can be given effect without the invalid provision. Signature I,Judith A.Godf vy,the testator,sign my name to this document,this Z q day of ^_I_= t! c _`7 r r'I J ,at I it c I& (City or county, and State). I declare that I sign and execute this document as my last will,that l sign it willingly and that I execute it as my free and voluntary act.I declare that I am of the age of majority or otherwise legally empowered to make a will,and under no constraint or undue influence. Signature � ��,�-�✓lf: . /i.�c�! V Witnesses We,the witnesses,sign our names to this document,and declare that the testator willingly signed and executed this document as the testator`s last will. In the presence of the testator,and in the presence of each other,we sign this will as witnesses to the testator's signing. !Il1 ItJJ JIJJ 7 x., Page 3 of 4 Initialm t r Date: n , i! i ion Tote b Of the tagmar is of9W ale of mnjorwy or wise iegR�F empowered to nnabe a mil,is of sound mind and is under no dint or undue influence_ A,a declare ender penalty of perjury that the foregoing is true and correct,this ,2I-j4-- day of J0-nLA Z-o i 'S ,at (c�n and statel First Witness Sign your name: -2"4z 4 t�.t is Print your narne: .-,,n h sn Ti Cr/.S Address: Y mr,l 1-0 ex 5 i City,State: err o i»�g1 .. 7th Second Witness Sign your name: Print your name: 1J C a Iss Address:1 9~CI Y c r/fr l C c A0 City,State: A 4 L AW 00/1 Page 4 U4 Initials: Dare: f County o€:_ c L I,A ,-Oet 1; the testator whose name is signed to the attached Or foregoing instrument,having beer, duly qualified according to law,do hereby aclalowledge that I signed and executed the instrument as my Last will;and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. I .—T Testator:- IV Officer: Tim M. Fay* v _ ,,�2015 - I j3r"D"k ,+!FS Affidavit—Page I of 2 Bayley & Mangan ATTORNEYS AT LAW 17 West South Street Carlisle,Pa 17013 Mark F.Bayley,Esquire Telephone:(717)24t-2446 John J.Mangan,n1,Esquire Fax: (717)2414456 Brian O.Williams,Esquire Connie J.Gibson,Secretary July 22, 2013 Debra Maugans a 28 Brentwood Road Camp Hill,PA 17011 RE: Estate of Judith Godfrey Dear Ms. Maugans: I will be representing Richard Godfrey with regard to the Estate of Judith Godfrey.For the time being, you may feel free to correspond with either myself or Rick. First and foremost, Rick would prefer not to become adversarial with you regarding the administration of the estate. He additionally has no desire to challenge the provisions of the Will. Rick's concerns involve the estate being administrated properly and his lawful interests set forth in the Will and the Probate Code being upheld. As administrator/executrix it is,in fact, your legal duty to properly follow procedures set forth in the Probate Code and related authority as well as to protect the interests of all beneficiaries. It is my understanding that certain estate assets including cash and items of personal property have already been transferred to non-beneficiaries. If this is true, said transfers were utterly unlawful and inappropriate. Rick is not agreeing at this time to the distribution of his lawful inheritance to any third party. He will not consider any such distributions until the time he is properly provided a complete inventory and proposed plan for distribution in the form of a family settlement proposal. After all, it is only fair that he have opportunity to make informed decisions on these matters. At this time, I informally request 1) that you provide a detailed inventory of any and all estate property that has already been distributed to yourself or any third party and 2) that you recall any and all estate property that has been transferred to any third party and properly preserve the same pending proper distribution. We hope that you opt to cooperate with these requests so that this matter can be resolved informally and without animosity. If not, or if we learn that there have been further distributions/transfers, we will likely involve the Court. If we do not receive the requested inventory by August I, 2013,we will assume that you do not intend to informally provide the same. EXHIBIT Bayley & Mangan ATTORNEYS AT LAW 17 West South Street Carlisle,-Pa 170I3 Marl:F.Bayley,Esquire �v s: - - 1- Telephone:(717)241-2446 John J.Mangan,III,Esquire + .�. !� - 1_0;t 1'F".j `t 1 ;,j« -V Fax: (717)241-2456 Brian O.Williams,Esquire Connie J.Gibson,secretary r July 23,2013 Debra Maugans < '° 28 Brentwood Road Camp Mill,PA 17011 tms. . - _ . 'REeEs :. ta. te of Judith Godfrey s 3 Dear Ms. Maugans: f. it ff*/ You recently forwarded forms for Richard's signature. One of the forms refers to Amenprise non-qualified accounts involving account numbers 120966148133, 0007096981340001, and 0010100982403002.3he other form refers to tax-qualified accounts involving account number 239?om. ."u f41ti' t .We will need complete mformati'on,regardnrg the.details bf-these accounts prior to y Richard executing said forms. Whatever,funds are associated with the accounts likely come with income and/or-estate,tax liability Richard certainly cannot blindlyAexecute such documents. At this point, lybelieve;it would.be a good idea for,you-to,forward;an inventory,of ail restate assets-and liabiliti es.,Frankly, it gives us-much apprehensionthat,you are attempting to . tadministrate the estate Without assistance of experienced counsel. I do not believe that the costs of such counsel outweigh the benefits of having the matter completed properly. y -. . .'t a �Y".' 1 .. ti. _ `�+ + . C r •� MEsquire cc. Richard Godfrey f t EXHIBIT C, 6. The Decedent in her Will at "Part 5" left the residuary of her Estate in equal shares to the Petitioner and Respondent. 7. On June 25, 2013 Letters Testamentary were granted to the Respondent. 8. In or around July of 2013 the Petitioner learned that the Respondent had distributed certain assets of the Estate including cash and items of personal property to non-beneficiaries. 9. On July 22, 2013 undersigned counsel forwarded a letter to the Respondent on the Petitioner's behalf indicating that the Petitioner was not in agreement to distributions until the time he was provided a complete inventory and proposed plan for distribution in the form of a family settlement proposal; the Respondent was also requested to provide a detailed inventory of all estate property that had already been distributed to herself or any third party. (A copy of said letter is attached as "Exhibit B"). 10. On July 23, 2013 undersigned counsel forwarded a letter to the Respondent on Petitioner's behalf requesting an inventory of all estate assets and liabilities. (A copy of said letter is attached as "Exhibit C"). 11. Undersigned counsel thereafter received two letters from the Respondent, both dated July 27, 2013, in which she denied making distributions and implied that an inventory would not be soon forthcoming. (Copies of said letters are attached as "Exhibit D" and"Exhibit E"). 12. On August 22, 2013 undersigned counsel forwarded on the Petitioner's behalf to the Respondent notice of the Petitioner's request for the filing of an inventory within 30 days pursuant to 20 Pa.C.S. § 3301(c). (A copy of said letter is attached Bayley & Mangan ATTORNEYS AT LAW 17 West South Street Carlisle,Pa 17013 Mark F.Bayley,Esquire Telephone:(717)241-2446 John J.Mangan,III,Esquire - Fax: (717)241-2456 Brian O.Williams,Esquire Connie J.Gibson,secretary August 22, 2013 Debra Maugans 28 Brentwood Road Camp Hill, PA 17011 RE: Estate of Judith Godfrey Dear Ms. Maugans: I am in receipt of your two letters both dated July 27, 2013. Please let this letter serve as notice of Mr. Godrey's request for the filing of an inventory within thirty days pursuant to 20 Pa.C.S. §3301(c). In the event that you fail to property comply with the within request we will unhappily involve the Court. Sincerely, ark F. Bayley, Esquire cc: Richard Godfrey CJG/ EXHIBIT Debra 1 Maugans EXECUTRIX FOR THE ESTATE OF JUDITH A GODFREY 28 Brentwood Rd Camp Hill, Pa 17011 Telephone: (717)712-4967 September 12, 2013 Bayley& Mangan ATTORNEYS AT LAW 17 West South Street Carlisle, Pa 17013 RE: Estate of Judith A Godfrey Dear Mr. Bayley: As requested, please find enclosed the list of personal belongings for Judith A Godfrey at the time of her death. Sincerely, )kA Debra J M ugans Executrix for the Estate of Judith A Godfrey EXHIBIT J G REV-i5o8 EX+(o8-u) [j i�7 pennsylvania SCHEDULE E Y& DEPARTMENT OF REVENUE CASH, BANK DEPOSITS&MM INHERITANCE TAX RETURN PERSONAL PROPERTY RESIDENT DECEDENT ESTATE OF: FILE NUIRBER: Include the proceeds of litigation and the date the proceeds were received by the estate. AN property jok*owned with right of wrvivomhip must be d6dosed an Sdiedcde F. ITEM VALUE AT DATE NUMBER DESOtIMON OF DEATH 1. cash 500.00 2 Bank BelcoMntgerdy Bank-Checking 43,497.00 3 2008 Town and Country Limited-very good condition (taken from KBB) 18,449.00 4 2012 Queen Size Sleep Number Bed(50°A of lowest sale price) 1,200A0 5 Goebel Hummel Collection 3,375.00 This is only for reference purposes.All account numbers and required paperwork will be present for final submission. TOTAL(Also enter on Line 5, Recapitulation) $ 67,021.00 If more space is needed,use additional sheets of paper of the same size. r REV-1508IX+(08.12) Pennsylvania SCHEDULE E DEPARTMENT OF REVENUE CASH, BANK DEPOSITS & MISC. INHERITANCE TA%RErURN PERSONAL PROPERTY RESIDENT DECEDENT ESTATE OF: FILE NUMBER: Judith A Godfrey 2013-0710 Include 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 VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1. Savings Account#38901 Beloo Community Credit Union on June 16,2013 3,187.96 Checking Account#38904 Belco Community Credit Union on Junc: 12,2013 38,050.31 Deposits 2,418.31 Dividends 32.49 2 2008 Town and Country Limited I Good Condition 15,254.00 EXHIBIT TOTAL(Also enter on Line 5, Recapitulation) ; 58,943.07 a If more space is needed,use additional sheets of paper of the same size. ® Page: 1 Enclosures: 0 Integrity B A N K Statement Date: 12/31/2013 3345 Marker Street,Camp Hill,PA 17011 Account Number: 2201034687 (717)910-4900 CYCLE-031 *********AUTO**SCH 5-DIGIT 17011 114 0.4650 AV 0.360 11114 1 1111 111 1r111'J111I'1IIIr1111�1r11��" ESTATE OF JUDITH A GODFREY 28 BRENTWOOD RD CAMP HILL PA 17011-2505 Checking BUSINESS INTEREST ACCOUNT NUMBER 2201034687 PREVIOUS STATEMENT BALANCE AS OF 11/30/13 6,330.28 PLUS 1 DEPOSITS AND OTHER CREDITS . . . . . . . . . . . . . . . . . . . 1.05 LESS 1 CHECKS AND OTHER DEBITS 141.12 CURRENT STATEMENT BALANCE AS OF 12/31/13 . . . . . . . . . . . . . . . . . . . . . . . . . 6,190.21 NUMBER OF DAYS IN THIS STATEMENT PERIOD 31 • Account Transactions DATE DESCRIPTION DEBITS CREDITS 12/02 AC-LibertyMutualIns-INSPayment 141.12 CHECK#-1057 12/31 INTEREST PAYMENT 1.05 • Balance By Date 11/30 6,330.28 12/02 6, 189.16 12/31 6,190.21 PAYER FEDERAL ID NUMBER. . . . . . . . . . . : . . . . . 52-2389022 INTEREST PAID YEAR TO DATE. . . . . . . . . . . . . . 11.41 EXHIBIT 21 CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire do hereby certify that I this day served a copy of the forgoing document upon the following by depositing same in the United States mail,postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Debra j. Maugans 28 Brentwood Road Camp Hill, PA 17011 SJ �� Mark F. Bayley, Esquire