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Home My WebLink About83-0150 , , " NOV! IT m (if' : IN TIlE COURT OF COMMON PLEAS OFI. : CUMBERlAND COUNTY, PENNSYLVANfA : ORPHAN'S COURT DIVISION i "l4 ,. IN RE: ESTATE OF KATHRYN E. ALEXANDER, Deceased : NO. 21-83-150 DECREE I I Now this 2-1) rt. day of tv~.J ,2006, upon consideration of the ~I stant petition, it is hereby ORDERED and DECREED that a Citation is awarded, directed to harles E. Alexander, deceased, Trustee, and the Estate of Charles E. Alexander, to show cause why, he should not be required to prepare and file immediately an Account in the Office of the Clerk of tihe Orphans' Court Division of Cumberland County, Pennsylvania. This Citation is returnable in 21J days from service. BY TIlE COURT: (') i COI rr, ~~I j:-; ;r [ .J> >..2- ':~U)~ ,JOO 00'11 QC , :0 ::u-i )> ......., = = c:r> :z: o -< N :>0 ::J: en .r:- N t}-- :0 -r-,j" f'f'i C) C;J(:J <0 ::0 --"'1 CJ r-~-l rn ::.:0 CJ ('JO -TI--n :;-;: :n ...:::.0 ;=rn 0")0 -n ~ I I .. , .. In Re: ESTATE OF KATHRYN E. ALEXANDER ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA NO, 21-1983-150 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 11/20/06 JUDGE'S INITIALS: JWO TIME STAMP DATE: 11/21/06 IN RE: DECREE """...."""....,..."""""..",....",."""""",."""""""""""""""""""""""""."."""""" SERVICE TO: WOLF & WOLF DORIS A. PRESCOTT - LEHIGH ACRES FL DORIS A. PRESCOTT - CARLISLE PA METHOD OF MAILING: ENVELOPES PROVIDED BY: [8J USPS DRRR o HAND DELIVERED o OTHER_ [8J PETITIONER o JUDGE o CLERK OF ORPHANS COURT MAILED: 11-21-2006 """""""""""""""'\"""""""""""""""""""""""""""""""""""""""""""""" SERVICE TO: METHOD OF MAILING: ENVELOPES PROVIDED BY: o USPS DRRR o HAND DELIVERED o OTHER_ o PETITIONER o JUDGE o CLERK OF ORPHANS COURT MAILED: " NATHAN C. WOLF, ESQUIRE WOLF" WOLF SUPREME COURT ID 87380 10 WEST HIGH STREET CARIJSLE PA 17013 (717) 241-4436 ATTORNEY FOR PETITIONER 111 . .. I IN RE: ESTATE OF KATHRYN E. ALEXANDER, Deceased : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVAN : ORPHAN'S COURT DIVISION : NO. 21-83-150 PETITION TO COMPEL ACCOUNT The petition of Russel Stevens Lefler respectfully represents that: 1. Kathryn E. Alexander ("Decedent"), died on March 2, 1983. C) ~:~~ -0 ~~r~ .. , I ,::)- :"2 ,j "'..... C)(~ C)'T1 ~:a ~D =--1 .J> 2. Decedent's family or principal residence was in Cumberland County, Pennsy1tania. ! 3. Decedent was survived by a surviving spouse, Charles E. Alexander, and two children, Pamela McCullough and your petitioner, Russel Stevens Lefler. 4. Letters testamentary were granted by the Register of Wills to Charles E. Alexapder on March 24, 1983. d 5. Petitioner is a party in interest in the Estate of Kathryn Alexander as the chil of the decedent, who is entided to one-half of the principal of the testamentary trust established by the Personal Representative of the Estate and Trustee, Charles E. Alexander, and as the successor trustee upon the death of the Trustee. t---.) = C:J 0"\ Z C) ~c - .. --...._, ...,\..J I'll i:~ \, crs '-..J (-) "'n .~-:c. :::J .:.~C) . --- fTl c::y '--I en -0 :l: +- en 6. The personal representative entered into probate a Will executed by Kathryn Alexander on or about December 5, 1978. A correct copy of said Will is attached hereto as Exhibit "A". 7. Charles E. Alexander died on December 31, 2004 in Lehigh Acres, Lee Coun , Florida. 8. Petitioner has not obtained an accounting from the Trustee, or the personal representative of the Estate of Charles E. Alexander as to the location of the trust assets. 9. Petitioner was not provided with notice of estate administration for the Estate I of Charles Alexander, but attempted to contact the sister of Charles Alexander, one Doris Pr~scott, without successful response. , i I 10. Petitioner has subsequently learned that a formal estate administration was co1iducted in I Lee County, Florida, and that Doris Prescott served as personal representative of said estate. I I 11. Petitioner, through prior counsel attempted to contact Respondent via letter J~uary 15, 2005. (A true and correct copy of which is attached as Exhibit "B"). 12. The personal representative of the Trustee's estate did not respond to any inquiries concerning the disposition of the trust assets. 13. Petitioner had no information as to the location of trust assets since May of 1993, when a Certificate of Deposit containing said funds at Harris Savings Bank was set to mature. 14. Petitioner seeks an accounting to permit him to carry out his obligations as su~cessor trustee under the Will. 15. Petitioner is required to make distributions to the remaining beneficiaries, na$ely James McCullough and Gary McCullough, the surviving children of his sister, Pamela McCullo~h, who died on April 21 , 1999. I 16. The undersigned communicated with counsel for the estate of the trustee, whb indicated that he could not provide any information concerning any assets of the estate or the ultimate disposition of such assets. I 17. Petitioner has only recently, through the undersigned counsel, obtained infor:mation indicating that the Trustee's estate contained assets in excess of the value of the principal amount of the trust, and an accounting therefore should be required. 18. Petitioner has information which supports the contention that the personal ! representative of Trustee's estate was aware of the existence of said Trust prior to the dear of the Trustee. I I I I , I 19. Accordingly, it is necessary that an accounting be produced to permit Petition~r to carry I out his obligation as successor trustee and to ensure the proper settlement of the Trust by ~aking distributions to the heirs. I 20. Because trustee has failed to file an Account of the Testamentary Trust of the ~state of Kathryn Alexander, trustee may be cited to file his Account in accordance with ~3501.1 o~ the Probate Estates and Fiduciaries Code, Title 20 of the Pennsylvania Statutes. WHEREFORE, Petitioner respectfully requests that a Citation issue directed to C~arles E. Alexander, Deceased and the Estate of Charles E. Alexander, to show cause why he shoul(l not be required to prepare an Account and file the same in the Office of the Clerk of the O.rph~s' Court of Cumberland County, along with any additional relief that may be deemed appropriate apd just. November/X 2006 N Coif) Esquire W If & olf 10 est High Street Carlisle) PA 17013 Supreme Court ID 87380 Attorney for Petitioner -' " - LAST WILL AND TESTAMENT OF KATHRYNE. ALEXANDEH T, KA TIIRYN E. ALEXA NOI';H, of We.';t PI'IlIl,:;hoT'o TnWIl:-lhip. (R. D./I 4, nox 1:W. NC'w'lll1('), C'urnh0rbnd County. PC'IIIl:-lylV:lllia, "eing- of sound and disposing minp, memory and undprstanding, do hl'T'l'hy makC', publish and dpdaT'(, this as and for my r ,ai-lt Will and Tf'f-it:ll11r'nt Iwrr>hy T'l'voking and making void any and all Wills by O1C' at anytimp hpI'0tnl'oT'("' madp. 1. I direct my hereinafter named ExeC'utnl' to pay all of my jUb-t debts and I'unpral expenses as soon after my death as may ill"' I'ound convenipll to do so. 2. All thp rest, rpsidup and remaindl'T' nl' my p:-ltatl', I'pal, ppr:-lonal and mixpd, and wheresoever the same may hp situatr, I givf>, devise and bequeath to my husband, Charlps E. Alexander, in tT'ust, to ;nVl~st the same and to pay the incolllP thereon to himself in his individual capacity so long us he shall live and at his death thp same shall bp divil)pd in eqnal shurptl hetwl'pn my children, Pamela J. McCullough alld Hussr') S. 1,1'1'1('(', but ,,;hollld ('ither 01' them then bl' dl'('l'ai:lpd, tlll' ,,;har'!' 111;11 wnuld hay!' 1"'('11 paid to such dpceai:led child shall bp paid to his or llPT' i";";IIf' pf'T' :'ltirpPl'I and if thprp bp no issue the same shan then be added to the othf'r :-;hare. :L I hereby nominate, C'onstitute and appoint my ~3id Iludband, n.... 'r'\S Charles E. Alexander. as Executor and Trust("'f' of this my Last Will and Tf'stament. and upon his dE'ath or failure to qualify. I nominate, constitutf' and appoint my said two (2) childrpn, Pam('la ,J. M(,ClIllllllgh and Russell S. I,pfler as alternate or successor Executors and 'fr'ustP0"; and I [urth0r dirppt that none of thpm shall be required to post any bond to sPclIr/, the faithful performance of his or her duties in the Commonwealth of !'pllllsylvania or in any othpr jurisdiction. Page 1 of 2 pages I I dit/GI[ /1 ",' 4. Should any person lpss than 21 years of age be pntitled to di,;lrihution frO!n my estate or trust. in such event. I nominate. constitute and appoint Dauphin Deposit Bank and Trust Company. and its successors. 2 Wr;;1 High SI ('rl't. CarlislE'. Pennsylvania. as Guardian of the Estate of r<1('11 811('h pr(',""lon and authorize and direct it to receive and invest the samf> and In pay tl1" inromp arising thpr('from togpther with so much of th(' I 1"ri,,"il"" th",."nr ;1.;'> in its opinion 1s necessary or desirablf> to be ('xpl'ndpd 1'01' 111,' propp I' mainlC'nanc('. support and pducation of Rl1ch pprson. 10 or for tit<, I>,'nr!'it ..I' "u('h pC'rson. and upon such p('rson attnining 21 ypars of agp to 1':1" 1t. hill! 01' Ilrt' th(' thpn r('maining principal togdh,..r with any unrlistributC'd in('( 1111('. IN WITNESS WITEREOF. I have herpunto R,..t m:v hand and RC'al In tl1i" I I I II III I ,:, Will ,111<1 TrstamNlt writtl'n on two (2) ragp;; thi" ;1111 <11\ or 1)1 l' "d,,'I" . Ifl7n. ~ 'G ~A_~.JtJ Kathl',Yn I';. AIt'x:1ndrl' (SEA 1.) Si~n,.d, ,.;palNl. PUIJOiSI1NI. <1nd dN'lared by KATlIHYN E. ALEXANI)I': I, 11>" T,";1:11 ,'j;.; :"><,vp nampd, as and for hp(' Last Will and Tps1am('nl. in OUt' I"" ,;,"1"", Will', in his prpSf'IH'f>, at his rl'qupst, and in thC' p1'1'8C'n('1' of ('nd! "IIIl' ", 1,:1",' IIl"'f'lInlo suhsr'l'i1)l'd our nall1l'R as attC'Rting: witnC's;:;l's. I II Ii I I I In.J ~ I ;J. , q-".... ...... ., ?) ," / /" 7 /}t) . / ,/ I ~~Vud..l/Y( ,~- "agl' 2 of 2 pag('s MAY 26,2006 21:20 6268520397 , I Page 8 , .' 1.^ w OFFlCL;S IRWIN & McKNIGHT COpy !?O(iF.R H. IRWIN MARCUS t\. M,'/(II//(~II1". III lIOU(i/.JI.V (i, MlfJJJt M.4Tm,.:wA. M..I(II//(;I" wM'r/'OMfH/:;rl'IWI'H,mJN.1', BlIlI.f)IN(j (.t) wl::Srl'UMI-'Rcl' Sl"RH.7' C1RWiLl:.; PUlII/.H'/.V.4NIA 17fJI.I..r.z2~ (717) 2-19.2)5.1 I'; IX 17171 U!MJ54 "'WIV./dI1II A W. (.'/1.11 IMNOWS.INWIN (''',!f 19m It \11111./) .~. II/IV/N..IR r l'JfJ I'W.. INIVI.'Y. IRWIN.~ II/WhV /1'I.itS./'A-", TR\VIW. IIIWI/oI.~ ,w,./cNIf;r,r /l4ilt, /'I'~1I THWI,V. AldCNIWI" ., 11U1;1I".~ 1/!....4..:'t(J.l1 IRWIN ,e M.'KNI(;lrr ~Xlfll. I January 19,2005 Ms. Duris A. Prescot! 29 Cambridge Court Carlisle, P A 17() 13 Rc: Sum Alexander and The: Tru$'. of KJlthryn E. AleXAnder Dear Doris: I represent the final beneliciaries uf the Kathryn E. Alexander TrusL They are RlIs~el S. Lefler, Jim McCullough. and Gary Mt:Cu!luugh, the sons of PlU11Cln McCullnugh. We need tu take the steps ncccsliary to close the account at Wuypuinl Bank and transfer the I"Cmaining ,ruods to Russel. Jim. and Gary. I am writing to YOIl si"cc r \lndersland that you arc handUng the estate of your brothel'. Charles E. (Sam) Alexander. I h;tve alsu been in touch with Robert M. Frey, Esq.. who was very involved with the Trust. Pleao;e conmct me llt your ~arljest convenience in order to begin the process required to settle the distributiull uf Kalhryn's Trust. 'suggest you contact Attorney t:rey if yuu lmve any questions. Thank yuu for your cooperation. Very ullly YOIll's. ., MAMlm.ln cc: Robert M. Frey. Esquire: Mr. Russel S. Letler Mr. Jim McCullough Mr. Gary McCullough t:1Jfi~rr 8 . . . , I VERIfICATION I, Russel Stevens Lefler, hereby certify that the facts stated in the foregoing petition are true and correct to the best of my knowledge, information and belief. I understand that false sfatements made herein are subject to the penalties of 18 Pa.C.S. Section 4094, relating to unsworn falsification to authorities. Date:~ I? ~ :f//~ R. Stevens Lefler ) I '. . IN RE: ESTATE OF KATHRYN E. ALEXANDER, Deceased : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIIA : ORPHANJS COURT DMSION : NO. 21-83-150 CERTIFICATE OF SERVICE I i I, Nathan C. Wolf, Esquire, have served a true and correct copy of Petition for Ci~ation to Compel Account upon the following person and in the matter indicated: r ! SERVICE BY CERTIFIED MAIL: Doris A. Prescott 331 Joel Boulevard Lehigh Acres, FL 33972 Doris A. Prescott 29 Cambridge Court Carlisle, P A 17013 WOLF & WOLF November /5', 2006 LF, ESQUIRE mey for etitioner 10 gh Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 87380