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HomeMy WebLinkAbout12-10-08Scott B. Granger, Esquire Attorney ID # 63641 Patricia R. Brown, Esquire Attorney ID #27474 S ALZMANN HUGHES, P.C. 354 Alexander Spring Road Carlisle, Pennsylvania 17015 Phone: (717) 249-6333 ra .~ ~-°~ -,~ °-s r -~ _._. ; - ~ -. ,; \ _ .__ , --*, - - r..~ - -1 ., c.n .,.i Attorneys for Estate of Michael T. Green IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: ESTATE OF MICHAEL T. GREEN ORPHANS COURT Petitioner Docket No: 21-08-0901 PETITION FOR EMERGENCY RELIEF PETITION FOR EMERGENCY RELIEF AND PROTECTION OF ESTATE ASSETS AND NOW, comes Petitioner; the Estate of Michael T. Green, by and through it's Executrix, KELLY D. GREEN, and the Estate's attorneys, SALZMANN HUGHES, P.C., and avers as follows: 1. The decedent is Michael T. Green ("Decedent"). Decedent passed away on August 21, 2008. See true and correct copy of Certificate of Death attached hereto as Exhibit «A„ 2. Letters Testamentary ("Estate") were granted by this Court on September 10, 2008, at Docket Number 21-08-0901. See true and correct copy of Certificate of Grant of Letters attached hereto as Exhibit "B". 3. The Last Will and Testament of the Decedent established Kelly D. Green as Executrix ("Executrix"). e 4. One of the first duties of the representative of the Estate is to gain care, custody and control of the assets of the decedent. This is commonly referred to as "marshaling the assets." It is recommended that the representative of the Estate close out the decedent's bank accounts; and, transfer the balances in the decedent's checking and savings accounts into an Estate checking account. See, DAVID C. CLEAVER, PENNSYLVANIA PROBATE AND ESTATE ADMINISTRATION, (2001), at Section 9-3 -Taking Control of the Decedent's Assets, pg. 64. 5. At the time of his death, the Decedent had a personal checking and multiple savings accounts with Members First Federal Credit Union ("Members"). The checking account is account number 83916-11 and the savings accounts are account numbers 83916-00, 303655- 00, 303655-OS and 3036555-91 ("Accounts"). 6. On or about September 12, 2008, SALZMANN HUGHES, P.C., the Attorneys for the Decedent on behalf of the Executrix ("Attorneys"), notified Members in writing regarding the death of Michael T. Green. The Attorneys for the Estate also provided Members with a copy of the Short Certificate and requested that Members provide information regarding the Accounts of the Decedent to the Executrix. A true and correct copy of the September 12, 2008 correspondence is attached hereto as Exhibit "C". 7. The Attorneys requested that Members provide the Executrix with an accounting of the Accounts with current balances at the time of Decedent's death. 8. Members promptly provided date of death balance information on or about September 15, 2008. A true and correct copy of the September 15, 2008 correspondence from Members containing the requested information is attached hereto as Exhibit "D". 9. The Executrix went to a Members branch office shortly after receiving the Account information from Members and was denied access to the Accounts. 2 10. Members' employees at the branch office informed Executrix that !Members had frozen access to the Decedent's Accounts. 11. The Executrix then informed the Estate's Attorneys that the Members denied the Executrix access to the Decedent's Accounts. 12. The Estate's Attorneys then contacted Members by telephone requesting information regarding the Holds placed on the Decedent's Accounts; and, the Estate's Attorneys informed Members that Members was placing the Estate at financial risk by denying the F;xecutrix access to the Accounts. 13. Members asked the Attorneys to submit a written request for the information that the Attorneys sought regarding the Holds placed on the Accounts by Members. 14. On or about September 19, 2008 the Estate's Attorneys submitted a written request to Members requesting information regarding the Holds that Members placed on the Decedent's Accounts. 15. After placing Holds on the Decedent's Accounts and denying the Executrix access to the monies in the Decedent's Accounts, Members unbelievably sent the Executrix a Non Sufficient Funds Notice dated September 23, 2008. A true and correct copy of the Non Sufficient Funds Notice is attached hereto as Exhibit "E". 16. The non-sufficient funds situation occurred solely because Members had frozen the Decedent's Accounts, and had already begun using the monies from the Decedent's Accounts solely for Members' own purposes. 17. Even more incredible, on or about October 10, 2008 Members notified the Executrix that Members was closing the Decedent's Accounts due to a "constant" overdraft 3 condition due to insufficient funds. Members even had the audacity to notify the Executrix that Members was also providing said "constant" overdraft condition information to ChexSystems, a consumer-reporting agency. A true and correct copy of the October 10, 2008 correspondence is attached hereto as Exhibit "F" 18. The "constant" overdraft condition alleged by Members occurred solely because Members had frozen the Decedent's Accounts, and had already begun using the monies from the Decedent's Accounts solely for Members' own purposes. 19. At the time of Decedent's death, Decedent had checking and savings accounts; an auto loan; a personal loan; and, a credit card account with Members. 20. As of the date of the Decedent's death, the Decedent was current on all payments to Members regarding said accounts. The Decedent was not in default on any debt owed to Members. 21. After the Decedent's death, Members unilaterally took control of the monies in the Decedent's Accounts for the exclusive use of Members; and, Members almost immediately began using the monies from the Decedent's Accounts to make payments on, and to pay off, the clebts that the Decedent had with Members, to the exclusion of all other debts of the Estate. 22. The actions of Members have severely limited, and will continue to severely limit, the ability of the Estate to meet its ongoing financial obligations. 23. The Executrix needs the monies in the Accounts to pay funeral expenses, costs of administration and other debts and ongoing payments and obligations of the Estate. 24. The actions of Members have caused and will continue to cause great financial and irreparable harm to the Estate. 4 25. The actions of Members have placed, and will continue to place, the financial solvency of the Estate at great risk. 26. Under the Pennsylvania Orphan's Court Rules, the pleadings and practice before this Court shall conform to the pleadings and practice in equity in the local Court of Common fleas. See Pa. O.C Rule 3.1 (as amended 1976). 27. Pennsylvania Rule of Civil Procedure, Rule 1531 provides for special and injunctive equitable relief in cases where immediate and irreparable injury will be sustained before notice can be given and a Hearing held. See Pa. R.C.P. Rule 1531 (as amended 2004). 28. Members has essentially seized control of the assets belonging to the Estate and has been, and will continue to, use said assets for the sole benefit of Members, to the exclusion of the wishes and the will of the Executrix of the Estate. 29. The actions of Members are contrary to Pennsylvania Probate and Estate statutes and relevant case law establishing the classification and order of payments of claims against the >=:state, and as such, must be stopped and even reversed. See 20 Pa.C.S.A. Section 3392 - Classification and order of payment. 30. The rights of all creditors of decedent are fixed as they were at time of decedent's death, and no creditor can obtain preference over any of or all other creditors by proceedings commenced after such event. See, O'Hara v. Manley, 140 Pa. Super. 39, 12 A.2d 820 (1940). 31. The terms of a contract between a claimant and a decedent have no bearing in determining to what extent a claim made there under, and which is undeniably valid, is entitled to a preference. See, In re Hughes' Estate, 56 Montg. Co. 81 (1940). WHEREFORE, on behalf of the Estate of Michael T. Green, the Executrix respectfully requests that this honorable Court issue an Order reflecting the following: 5 (1) Order Members First Federal Credit Union to provide the Executrix with a full accounting of the Decedent's Accounts beginning with the account balances at the time of the Decedent's death, and, include any and all debits, credits, deposits, and withdrawals to and from the Accounts since the time of the Decedent's death to the present date: (2) Order Members First Federal Credit Union to PROMPTLY return all monies debited, withdrawn or otherwise removed from the Decedent's Accounts after the Decedent's death, back into the Decedent's Accounts: (3) Order Members First Federal Credit Union to PROMPTLY discontinue withdrawing any monies from the Decedent's Accounts for any purpose; and, to PROMPTLY close the Decedent's Accounts and transfer all funds from the Decedent's Accounts to the Estate. Respectfully Submitted, SALZMANN..~HUGHES, P By: a--~ --z----- Attorne D 63641 `Patricia R.~Brown, Esquire Attorney ID #27474 SALZMANN HUGHES, P.C. 354 Alexander Spring Road Carlisle, Pennsylvania 17015 Phone: (717) 249-6333 Attorneys for Petitioner ,.,- Dated: ~ " ? ~ ~ ~~ 6 VERIFICATION I, Kelly D. Green, Executrix of the Michael T. Green Estate, hereby certify that the facts set forth in the foregoing Petition for Emergency Relief are true and correct to the best of my knowledge, information and belief, and that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: l ~~ '6 ~ ~~ 1 `i i_Z~ } Kelly D. Green, x cutrix a t k ~ ~ ~ . ~_ , x.~, n, ,EV I I:~or,5 ,a,>, IN lAntE~l* H'.NK COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH (See instructions and examples on reverse) ;Ta G FI/e vuu~eea 'rJa..e...euederl a. IZSI SuIhv~. ~ 25ex 3. Socal Seely Number ! ~ ~. ,.,-,r =l„Ih.. „-.~. year Michael T. Green Male 196 - 4~?= 4639 Au ust 21 200 4oe' ts: Binneav~ Under t n er I Cav Jate Br.!; (MOrln, Cay- iearl ?. 9idhcle e' y and slave ~ gn rduntrr) 8a-Aare of Cealh ~Cne.,N ~ N _rle~, Montrs devs Mo,:rs `A.nu!es HOSada' plhe• 48 Ys Au us t 20 1 60 ~ Inaa ~Qn~ ^ Ea o Ipafenl ~ ~~n ~, ~,: ~ a ,,Q,.,,o n t ~ _ ., : my tl De^Lt 3c. C~ly. eora. T•o cl cealn Otl. Facllily Name nl ,ol nsf lollop, 91ve dreel and number) 3. Was 'Jeccdenl of Hlsoerm 4ng:nr I vl ~ Y=_s ' 0_ ar, .a, ,oa. n ar , rclC 3 ~ Dauphin Derry Twp. S. Hershey Medical Center pl yes, specrty Cu6ar, M P' r H ; _ ~ ea~cas ae o ipan a r' ~ rNhite '.. C~eeeer• s Jsual „ccual p^. Kano rl work u ono d urno most of work r^ st^.e reared) ~ o ', 2. Wes Deeederl ever m the 13. GecedenYS Educal on (SpPc:ty on:y nidhesl grade rompl eted) 'a. =Aar.lat Status. Ma led, ~+lever Ma, s. ~5 Su v - .r use ~ v ., a ,_~. rar^e KintlGt V<' N, IT S ~` t Kintl c' Sus e usiry St t ~ le U.S. Armad r`ofcesr ~lenenlary /Secondary (0-121 College (t~4 pr S~j WldaweC, Di d cad i Speci/}^ pecia is a e o a ^Yee C~Np 12 Divorced '.5 Deczdere s A.1atlm; Address ;Street. c~ly ~ town, slaw. zoo code) Dscedem's Did Decedev ~~e na ~ Lower Allen !, ~mp ~il~ca' a°~~~~ „e Aplpalea~darea l7_SIaIe pa Y D d ~~~ d~r ~~,.~ d Tpwnshtp7 ~, nd u N o d ved w,r~^ Cumbe la C I P 1 . r n ry tom. coot, ~ I I - erm ' 9 '.d:h la lF.rsl '~cdle sully) G ~lia I~ gr 19. Morhei 5 Name 7F'rtst, mrddte, maitlen surname) ,i m . een Shirley Wetzel ° ' 20a.:nlorman('s Name (Type ; Pnnlf 20b. !nlormanl's Malting Address Slreel. city! Iewn. stale. np ~'x1e) Shirley Hertzler 256 Redwood Lane Carlisle Pa 17015 _.a Method of D~spositicn Cremation ^ Donation 2!6. Dale pl DisposAion (Month, day, year) 21 c. Place of Dsppsiuon fName rl cenetery, C'emalory .rr other Dotal J. F ~ealio I t: town. sale z,, Gael [j Burial [f Removal Irr,rr Stale :Was Cremation a Donation quthorlxed ~ ^ ^ Au ust 25 2008 Hollin e C t _ ~lrer ~ ! brMedloalBaaminer/cerenarp ves NC g , r rema or Mt Holl S tin s :,_a. S;gnalu~e of Wn Service Lc acting as such) 226 ))tense Numbai 22c. Name antl Atldress of Faciitly 011654-L N1 ers-harper f n l H I 1903 M k ' ~ u era ome nc ar et St.Cam Hilt~ a 1711 dale ~lems 23a., onW when cedity~ng 23a. To ,ne aesl of ny kcowledge. Caaln orcarred al'he time, date and Dlace slated. Signature and )ills) 23b. L;cense Number 3 O 5~9ner' lM n, dav, vein ,. ~ rot avodable a! Itme of cezlr to -.ertty cause e1 deam. n m er 24 '6 ~I tl b t e ~a ~ ime of Death ?5. Dale PronounceC Dead (Month, dav, year'. 26 NJas Case Fele~ d c Modica' fix' :nrpne~'or a Rawson Olhr l ,.. n^in c _p -n.r y p so ,ms .mus co C e o lh r n ' - ' ^ vas I~ No .v anounces ea o a ~ ~ 2 ~ ~ ~ M. ( Z l Z 00 ~ ~UG(./S CAl1SE OF DEATH (Sea lnstrucllons and e><amples) ~ App p ale ~.nlarval. Pan lr. Erner ether ~~c r of s_onISC 5 . ;ea'.", 0 C d'cba~ro s .c Ir,t.,. _ e...r '.lam z' Fan r Enre ~'t~ r ^' =~e l C saases :plot es o omoLCa~ on= - Itia1 C roc,ly caused Ire death. DO N0T enter ern ra 9:enls such as ca dlac a'res;, l Onsa..o Death out not .su,rrg n'.he ~ Cerh ng taus r Den I r~ +a=_ ' ,h .ulu :eso ry r. s:. a ~' t c. I 'mn;lauon w Iran shewrp - oetrgy. LI51 pray one cause on each !me. ~ I Np l'nar.nr IMMEDIATE CAUSE F al tl~sease or cord'on'=sell ng r ~ aih' _~ z. ~ ~ F L GC-.i,L GAIL CW tl~+t /-a 9 i - vl?. pee !o (u as a consegv=nee o". a act x~g l .. , a, ' ' ieouenUall~/ Its) cordlkons,'1 3aV, ^, °renranl -r . 'imQ e o~.,,.~ ~E^0 `0 o Ih2 CBQSB 'IPd on t f b for a5 :1 COn5Cqu2nCE ol~. ^e l1NDERlyING CAUSE a "~ ~ [' .ol prey ut c 7•a -~ ld.ti n niyn .^,1 a •6e ~ -~ s n LA T ~ea g n a n; s. Mi S . Gue to (or as a ccnseouorce ^f?. I r o_t u':a - n f f n=q C_ ~ bot.~ n JcolF 1N.o 3C N s Aumpsy ~Oh. 'cm A l p. r - gs 3r. Manner of Deatn 32a-4a'. of nryr) (MOrlh. .ay. year) 326 Describe Mow In,ury Occurred 72 a a f 'nl / Po~~rmed% Pn able ~, .,omFlelion Jn~ ~ui'C rp ~. cl "ause :I pea h? ^ V@lural ~" Momic,de _ A tlP ~ ~ Ge d (J I 'as rgdl Or ` 32d.'me of n:i^! 32~ inipry dl None? 32. l ~rar porla pn I j' peGrlyf ~ ~IiOn p rel. ~ -._ e, yo5 ~ No ~ YES ~' ^le ~,~ t a itl N ' G ^Yes ^I NO ' ^Dr ve Oparaln L;Passenger nFetlesl'a• e mne Ol .,e „a V Su'c tle L a M ^Olner-SCenly -ra .,ei~~e: (-^.erR only ene; ~. 335 Siy',alure ant ~.le pl Canil~cr To heybes~ol my kiwwletlge, dealhyo ~ urred duee the cause(sf anAnmanner a5 slated need CeaUl antl Completed tier', 231 r~ _____________________ ® .vim, • P-onounc g d rt'ty gphys'can Phy. ,both no n tl nryhg to taus In aih ^ d mann r as led l t the c ( ) t d d d tl ' 33c.: terse ^lumbe' ~;d ^.a'e~y e Mc^In. coy year; _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ace, an ue o ause s an e s a le, an p me, To'h¢ be 1 I ledge tlealh occurred al the Cor n r lE M d' O'~-OtZ00`'l f7U~USj Z.1 ! Z~bh"~ ca o e • e m , In my option death occurretl al the t nte, dale, and place and due to the causal s) and manner as staletl ~i On the ba I -nation and ar nveslgal'on t1 ~ ~ ' ~ I I ^ A P YJh C i D l d' ' a . y.~ ess e .son ~t omau ~. eau-e c e P ame C ~ n 3 Hershey Medical C[r M S as &e;isvar s na•,reandD~~, ° j ~ ~ ~~ / I /~ 36. D m FiIGtl l.Menlh da y Haan ,~ J r ~ ~ . . . S~P'EJEn~ K~p~/ pv Hershey, PA 17033 ~ ~ ) ~ ~ ~ ~~ ~~ -- I REG3 "T~a-' ~:-= W~L~S PENi-~ S`~' ~.''J,'=~ ~l.~, CERTIFICATE OF GRANT OF LETTERS No . 2008- 00901 F<~ No . 21- 08- 0901 Estate Of : MICHAEL T GREEN (First, Middle, Lasl1 Late Of: LOWER ALLEN TOWNSHIP CUMBERLAND COUNTY Deceased Social Security No : 196-48-4639 , FF ~,l_~~~Sr:,~, on 08 an instrument dated the 10th day of Sepb : Aucru~" 1st X007 ~l~as admitted to probate as~~~,the last will of MlC'H:=+ ~ L i C' ~ BEN ~~ (First, l~liJ: r;1', Lasn late of L G'°/~R A LLEN TOVI/NSH/P, CUMBERLAND County, who diems or. the 2lst day of August 2008 and, ~rJHEt~~~~15, a true copy of the will as probated is annexed hereto. '~"l~F~~F'~~'~E, I, GLENDA EARNER STRASBAUGH Register of Wi11s in and for CW~.-rr~'FL~ND County, in the Commonwealth of Pennsylvania, hereby cent-_:=1r ti,.-~t r have this day granted Letters TESTAMENTARY to: ..,_,' ._ ,' G' ~RFEIV whc ._,_i<~ :~~-~ q~.,-.lified as EXECUTOR(R/X) ` and :...~ _~::.~~ed to administer the estate according to law, all of which full - - ~~ ::~s o._ record in my office at CUMBERLAND COUNTY COURT HOUSE, CAR- , ; ~ L ~; L-._ ,'.','V S YL '/A NIA. -~T " ~~ _'~'-~lOl~,1' bvHEREOF, I have hereunto set my hand and affixed the seal of r: - c ` `.: ~-~ _~ cn the 10th day of September 20D8. Depute ~TE* ~~ ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST) ~L~ ~~~ ~GHES,P.C. Attorneys at Law GXPF.RIGNCF INTF,GRITY ~ INNOVATION 79 St. Paul Drive ~ Chambersburg, PA • 17201 • (717) 263-2121 • Fax: (717} 263-0663 354 Alexander Spring Road • Suite 1 • Carlisle, PA ~ 17015 ~ (717) 249-6333 • Fax: (717) 249-7334 239 E. Main St. • Waynesboro, PA • 17268 • (717) 762-3170 • Fax: (717) 762-0988 105 N. Front St. • Suite 401 • Harrisburg, PA • 17101 • (717) 232-9420 • Fax: (717) 232-1970 *Please reply to Carlisle Offrce Email: ~brown(c~salzmannhuQhes.com Members First FCU P.O. Box. 40 Mechanicsburg, PA 17055 September 12, 2008 c~, ~, • ~ RE: ESTATE OF MICHAEL T. GREEN DATE OF DEATH: AUGUST 21, 2008 * SOCIAL SECURITY #: 196-48-4639 Dear Sir or Madam: We represent the above referenced Estate. We understand Mr. Green died with interests in account(s) at your Credit Union. For Pennsylvania Inheritance Tax purposes, we would appreciate your providing us with a statement stating for each account the following information: 1. The registered owner(s) (exact title of account) and the date on which the account was established. 2. If there was a change of ownership or registration of the account within one year prior to the date of death, please provide the date of such change and the title of the account prior to the change. 3. If there were any accounts closed within one year prior to the date of death, please provide the date, title and balance of the account closed. 4. Any interest accrued to date of death for the calendar year. 5. The date of death balance (principal plus accrued interest, if any). Thank you for your cooperation in this matter. Very truly yours, SA^LZMANN HUGHES, P.C. F. :' 1 Patricia R. Brown, Esq. i~ Concentrating in Environmental, Land Use, Municipal, Real Estate, Corporate, Estate Planning and Administration, and General Civil Litigatio j ATTORNEYS G. Bryan Salzmann, Esq. James D. Hughes, Esq. Adam R. Schellhase, Esq. Charles E. Zaleski, Esq. 'Thomas J. Finucaue, Esq. Eileen C. Finucaue, Esq. Stephen E. Patterson, Esq. LeRoy S. Maxwell Jr., Esq. Nancy H. Meyers, Esq. Ann F. DePaulis, Esq. Patricia R. Brown, Esq. William W. Thompson, Esq Melissa K. Dively, Esq. Rebecca R. Hughes, Esq. Susann B. Morrison, Esq. Laura Rebecca Ables, Esq.* David H. Martineau, Esq. Scott B. Granger, Esq. Kurt E. Wil}iams, Esq. Samuel E. Wiser, Jr.> Esq. Dcnald E. LeFever, Esq. 'Also Admitted to Georgia Bar W~VW. SALZNIANN[-lUG[-[ES.COM ~- COMMONWEa~{ TH OF PENNSYLVANIA COUNT~I OF CUMBERLAND estate of M,'C_HAEL T GREEN (First it P,Jdle, Lasti I, SNORT CERTIFICATE GL ENDA FA RNER STRA SBA UGH Register for the Probate of Wi1Is and Granting Letters of Administration in and for CUMBERLAND County, do hereby certify that on the 10th day of September, Two Thousand and Eight, Letters TESTAMENTARY in common form were granted by the Register of said County, on the late of LOWER ALLEN TOWNSH/P in said county, deceased, to KELLYD GREEN /First, Middle, Lastl and ti~at same has not since been revoked. ITT TES ~'I!~IONY WHEREOF, I have hereunto .set my hand and affixed the seal of maid office at CARLISLE, PENNSYLVANIA, this 10th day of September Two T~~ct~.~and and Ei~~ht. File No. PA File No. Date of Deat?i S.S. # 2008- 00901 21- 08- 0901 8/21 /2008 196-48-4639 T~JOT VALID WT_THOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL ~g _ ! T "i ~t ~ ~ SAVINGS ACCOUNT: Account Number/Suffix Date Account Established Principal Balance at Date of Death Accrued Interest to Date of Death Tctal Principal and Accrued Interest Name of Joint Owner Date Joint Ownership Established CHECKING ACCOUNT: Account Number/Suffix Date Account Established Principal Balance at Date of Death Accrued Interest to Date of Death Total Principal and Accrued Interest Name of Joint Owner Date Joint Ownership Established f~ ~-.~ A• y 4.' t _'.~ y~E:~~~3~~S 1st FEDERALCREDI. C'NIGN 83916-00 07/29/1987 $4, 579.85 $2.67 $4, 582.52 Kelly D. Green 07/29/1987 83916-11 07/29/1987 $822.24 $.00 $822.24 Kelly D. Green 07/29/1987 LOAN ACCOUNTS: Account Number/Suffix 83916-07' Date Loan Established 06/22/2007 Principal Balance at Date of Death $10,450.50 Loan Type Used Vehicle Interest Rate 6.84% Collateral Held as Security ~ 2005 Nissan Pathfinder/Contractual Pledge of Shares Name of Co-Borrower None *Loan does not have credit life insurance. LOAN ACCOUNTS: Account Number/Suffix 83916-OS* Date Loan Established 07/17/2008 Principal Balance at Date of Death $24,053.52 Loan Type Unimproved Land Interest Rate 7.14% Collateral Held as Security 256 Yale Street, Harrisburg, PA 17111 Contractual Pledge of Shares Name of Co-Borrower None *Loan does not have credit life insurance. VISA ACCOUNTS: Account Number Date (lnanarJ Balance on Date of Death Joint Cardholder 4287590020839169 12/20/'007 $976.95 None r MEMBERS 1sT FEDERAL,CREDIT UNION ' ~ , Danielle A. Kline Insurance Services Specialist September 15, 2008 Estate of: MICHAEL T. GREEN Date of Death: 08/21/2008 Sacial Security Number: 196-48-4639 ~r;ilil I ~,~,i,~ f7,-; ;:F l~(7 lines ~1O M~~c-hani~sh~n-s~_ Pcnnsvl~~anil "LI0~5 (xO(11 ?~33-~3?~ ~t~«~~~.m~nl~c~r~i~,torsr -,;:Yr _ '~i ~~ l l~~Lli~iJ~i'~~ ~St FF_DERALCRE~IT tiNION CONVERTED TO IN TRUST FOR ACCOUNT: December 18, 2007 REGULAR SAVINGS ACCOUNT: Account Numberl Suffix Date Account Established Principal Balance at Date of Death Accrued Interest to Date of Death Total Principal and Accrued Interest Name of Beneficiary 303655-00 04/03/2007 $528.53 $.29 $528.82 Mitchell Green & Kristen Green MONEY MANAGEMENT: Account Number/Suffix Date Account Established Principal Balance at Date of Death Accrued Interest to Date of~Death Total Principal and Accrued Interest Name of Beneficiary CERTIFICATE OF DEPOSIT: Account Number Date Account Established Principal Balance at Date of Death Accrued Interest to Date of Death Total Principal and Accrued Interest Name of Beneficiary Estate ofi: MICHAEL T. GREEN Date of Death: August 21, 2008 Social Security Number: 196-48-4639 303655-05 04/03/2007 $15,943.00 $9.96 $15,952.96 Mitchell Green & Kristen Green 303655-91 05/15/2008 $503.27 $.84 $504.11 Mitchell Green & Kristen Green EMBERS 1ST FEDERAL CREDIT UNION ~~ielle A. Kline Insurance Services Specialist September 15, 2008 ~nnn ~ ._,...,. ~~,-:..,. I~~~ R,,.- .ill ~iT.~,-l, „~„-.,h„~-,. T)<,r~~~~~.rlo-~~~i-~ 17C1~~ !S2(1(11 7ti~_`~~7~ e ~~~«-~i•n~i~n~hFV-~;I,:r ~~i~~ L~S 1~1 LLI~~11~V ~Sj FEDERAL CREDIT GDIION ACCOUNT TITLE: Majestic Landscaping BUSINESS SAVINGS ACCOUNT: Account Number/ Suffix Date Account Established Principal Balance at Date of Death Accrued Interest to Date of Death Total Principal and Accrued Interest Name of Authorized Signers BUSINESS CHECKING ACCOUNT: Account Number/Suffix Date Account Established Principal Balance at Date of Death Accrued Interest to Date of Death T"otal Principal and Accrued Interest Name of Authorized Signers ~r °, z` w p ~ti} Y ,,~ Z T; a~ 331415-00 06/OR/2008 $75.19 $.55 $75.74 Michael T. Green Cory Kuhn 331415-11 06/05/2008 $1,003.64 $2.23 $1,005.8T Michael T. Green Cory Kuhn EMBERS 1ST FEDERAL REDIT UNION Danielle A. Kline Insurance Services Specialist September 15, 2008 Estate of: MICHAEL T. GREEN Date of Death: August 21, 2008 Social Security Number: 196-48-4639 -rv`^ r ---'_._ ~~'_-__ - n~~ iz._-- iii _ nif....t..~,,:._,.t_...-,_ U,~,~.,,,.,1~..,,,;., 1'7l~-~~ /4l1I1A 742 7.74 ..-,.,,,.~.~,-..,,h..,-.t.r,..-.- St 5000 Louise Drive. P.O. Box 40 717-795-6049 Long Distance 1-300-237-7288 Hearing Impaired 717-697-5312 Mechanicsburg, PA 17055-0040 www.Membersl5t.org ~IEhIBERS 1`~ rrue~c.u ~ ueui r usro~ Non Sufficien# Funds No#i~ce MICHAEL T GREEN KELLY D GREEN C;O KELLY GREEN, EXECUTRIX 912 GOBiN DRIVE CARLISLE PA 17015 Your account has been charged $30.00 for each insufficient check cr debit. Please deduct this amount from your records. If you have questions concerning your account, please call (717)697-1181. 83916-1 1 MICHAEL T GREEN ENDING FEE(S) DRAFT NUMBER /DESCRIPTION BALANCE ($508.99) $30.00 UGI UTILITIES OVERDRAFT PROTECTION SERVICE EFF. DATE: 09/23/08 RETURNED AMOUNT $224.75 The Federal Reserve's Rey*ulation i~ limits certain transfers and withdrawals from savin~,s accounts at finuncint institution. A[ ;~4embers I st these restrictions apply to certain transfers and withdrawals from savim_*s, money mana~aement and supplemental ~avin~~s accounts. Nu more than six (b) prcauthorized, automatic, or telephone transfers and with~rawais may he made liom each of these savim*s accounts to another account of yours or to a third party ~n any month_ The transactions which arc limited accordin~~ lu this rc~=elation include EZ Call transactions. Nlemhers Ist Online transactions and ACH payments Irum ~~ savin~~s account to a third party. The regulation also includes resu fictions of overdraft protection U-ansfers from satin<s accounts to checking accounts to cover payments made by check. draft or access card to a third party. OC the six (6) Reg D transfers allowed from each savim*s arcuunt per munch, uu mare than three 1 ~) of these six (6j may he made by check. drtit ur access card to a third party. If yuu exceed these limitations. your accnunt may be subject to a lee or be dosed. Conscyuently, any overdraft in excess of this limitation may result in returned p~~yments due to insufficient funds. This rcaulutior, does not affect teller transactions ur ATi~1 withdrawals. (n order t~> avoid additional cuss and embarrassment of reuuned checks, please keep sufficient funds on deposit in yuitr checking account and establish payments to third parties from your checking account Overdraft protection was dcsiened I<~r exactly what it savs "Pruteetiun". (h~crdnfts covered by advancea on Personal Service Loans (PSL) or Hi>me Equity Lines of Crcdii (HELOC'~ arc not affected by this regulation nor are. they limited in nurnber_ if you are interested in this leanu-c, yuu may apply tax ovcnL aft protection From a Line of Credit Lunn. `~ 1, A ~t I~ i~i~~l~/1~~~.~ ~st FEDEii,1L CRPDI"P LViCN 10.~03i2008 Michael T Green C/O Kelly Green, Executrix 912 Gobin Drive Carlisle, PA 17015 Re: Account 83916-11 Dear Member As of the above-mentioned date, we are closing your checking account because of your constant overdraft condition due to insufficient funds. This information is also being furnished to ChexSystems. ChexSystems is a consumer reporting agency. We are requesting that you contact any merchants or companies that may attempt to debit your checking account and inform them that the account is now closed. Any future checks or pre-authorized debits will be returned "Account Closed." In addition, checks that you have written but have not cleared your account yet will also be returned. Please keep in mind that this account closure will also cancel your ability to use your VISA check card, if you have been issued one. Also, please remit to Members 1st payment to cover your negative account balance of $08.99. Sincerely, ,, ., z . ~~~•t . !% Deposit Operations Department ~1111!11 nine. ~~rivr~ ~~{) ]iC)~: ~O • ~/]CC~3;11llCShU~'~,?,~~CIl77S~'~V;llll;l 1%~.!7j • (ROl)) ?~j-~37~ • ~~.~~~~~Cllll'I]lf)l'1'i~>C.OI'~* CERTIFICATE OF SERVICE AND NOW, this ~ day of December, 2008, I, Scott B. Granger, Esquire, hereby certify that I served a copy of the within Petition for Emergency Relief and Protection of Estate .Assets this day by depositing the same in the United States mail, postage prepaid, at Carlisle, :Pennsylvania, addressed to: :David J. Lenox, Esquire 'The Wiley Group 130 W. Church Street, Suite 101 Dillsburg, Pennsylvania 17019 Attorneys for Respondent, Members First Federal Credit Union Members First Federal Credit Union Deposit Operations Department 5000 Louise Drive P.O. Box 40 Mechanicsburg, Pennsylvania 17055 Respondent .~` Attorn~ ID~# 63641 ,% Patricia Brown, Esquire Attorney ID # 27474 SALZMANN HUGHES, P.C. 354 Alexander Spring Road Carlisle, Pennsylvania 17015 Phone: (717) 249-6333 Attorneys for Petitioner, Estate of Michael T. Green